Illinois Senate Floor Debate — May 3, 1995

(Prayer by the Reverend Norman Kao)

Will you please rise for the Pledge of Allegiance, gtven by Senator Sieben. Senator Steben.

(Pledge of Allegiance, led by Senator Sieben.

Mr. Secretary, Reading of the Journal.

Senate Journals of Thursdayr April 20th and Monday, April 24th, 1995.

Senator Butler.

Mr. President, I move that the Journals just read by the Secretary be approvedz unless some Senator has additions or corrections to offer.

Senator Butler moves to approve the Journals just read. There being no objection, so ordered. Senator Butler.

Mr. President, I move that reading and approval of the Journals of Tuesdayv Aprih 25th7 Wednesday, Aprkl 26th7 Thursday, April 27th: Monday, May 1st) and Tuesday, May 2nd , kn Ehe year 1995, be postponed, printed -- pending arrival of the printed ; l ' )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Journals. I PRESIDENT PHILIP: I Senator Sutler moves to pcstpone the reading and the approval I i of the Journal, pending arrival of the printed transcript. There being no objection, so ordered. Committee Reports.

Senator Rauschenberger, Chair of the Committee on Appropriations, reports Senate Bills 925, 926 and 1056 Do Pass; Senate Bill 1057 Do Pass, as Amended. Senator Cronin, Chair of the Committee on Education, reports Senate Amendment 3 to Senate Bill 377 Be Adopted, and Senate Amendment 3 to Senate Bill 403 Be Adopted. Senator Peterson, Chair of the Committee on Revenue, reports Senate Amendment l to Senate Bill 565 Be Adopted. And Senator Dunn, Chair of the Committee on Higher Educationr reports Senate Amendment l to Senate Bill 682 Be Adopted.

House Bills lst Readiag.

Hcuse Bill 1794, offered by Senator Philip. (Secretary reads title of bill) House Bill 2349, by Senator Burzynski. (Secretary reads title of bill) And Senate Bill -- or, House Bill 2470, by Senator Donahue. (Secretary reads title of bill) 1st Reading of the bills.

Just would llke to make a observation, and congratulate the Senate softball team. And as you know, in my younger days I did play on the Senate softball team. I hate to say it, we never won i a game. And probably due to my lack of talent. But we came close i one time. But to think that the Senate has won three qames in a I i 2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 i row. And we didn't beat them last night fifteen to five; we trounced them last night. So# congratulations. I guess that We have a few walking wounded r but generally speaktng, we're (n good health today. And also the Bulls. I don't know if you watched the Bulls game last night, but the Bulls Were fantastic. They blew 'em right out of the box. And I'm going to nake a prediction: Chicago's goln: to do it again. We're going to be the champions. Senator Geo-Karis, for what purpcse do you rise?

Mr. President, on a point of personal privilege. When you did play ball with us, you were quite qoodr and I don't know why you stopped, but anyway, I just Want to...

Simply old age .

Well , I -- I don 't know . Age is -- is mind ove r matter . If you don't mind, it doesn't matter. But anyway, I just wanted to commend Frank Watson, the -- the coach and captain of the team, for really riling up a bunch of , you might say , nonccmmlttal players , making them really Wonderful players , and Carl Hawkinson , whc pitched so well, and Chuy Garcia -- Senator Garcia r who won the Most Valuable Player Award last night, because he caught the long fly balls. And it just showed you how great they were. I mean , it was so thrilling to see them come back . We almost lost. They finally came up to four to six, and then even Chrls Lauzen - would you believe Chris Lauzen? - actually got a hit and -- and started a rally, and he caught very Well. I tell you: and then Panayotovich was the umpire and he had to leave so we put Jeff Dennisr a young -- a young man who works in the House .

House employee, E bekieve. He$s a M use employee.

3  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd LeglslaElve Day May 3, 1995 i Yeah. He's a House employee. ùe was very good. But I just 1 i want to tell you that those of you Who didn't come missed a great show. It was the best shou We'v9 Pver had. Fifteen to five I think ls the best score we ever had. So it must have been your inspiration when you came downr Mr. Presidentr with Senator Weaver, and I guess the boys felt embarrassed if Ehey didn't do well, because they did a great job and I certainly commend them. I Wanted to say that the -- the reason We won is the Democrats dropped more balls than -- than Republicans. PRESIDENT PHILIP: Would you please cut her off, Mr. Secretary . Well -- you know , and in spite cf the umpires or referees being Hcuse Members on b0th occasions , we won anyway r and I would sugqest that next time they hire some professlonal umplres . Because in a couple of instances it wasn $t very good with some of the rulings at the -- at the plate. So next year I wish you would hire some professicnals. But anyway, job Well done. Al1 right. Let's -- on the -- on paçe 2 of today 's -- Calendar, on the Order of Senate Bil1s 2nd Reading . Top of page 2. 198. Senator Trotter . Senator Trotter. 198 . Take it out of the record . Senate Bi11 -- take it out of the record . Senate Bill 287 . Senator Hasara . Senate Bill 287 . Senator Hasara . Take it out of the record . Senate Bi11 295 . Senator Walsh . Senator Walsh . Take it. out of the record . Senate Bi11 337 . Senator Sieben . Read the bill. SECRETARY HARRY : Senate B ill 337 . (Secretary reads title of bi11) 2nd Reading of the bill . No conlmittee amendments . PRESIDENT PHILIP t 3rd Reading . Have there been any other Floor amendments that have been approved for consideration? SECRETARY HARRY : 4 I . ' ( ' . .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 No further amendments reported, Mr. President. ! ; PRESIDENT PHILIP: I i 3rd Reading. Senate Bill 403. Senator Shaw. Read the bill. SECRETARY HARRV: . Senate Bill 403. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendment No. 1.

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

Floor Amendment No. 2, offered by Senator Shaw.

Senator Sbaw .

Thank you, Mr. President. I would like -- it's a technical -- Amendment No. 2 is a technical amendment, and I'd move to table that amendment. It...

Senator Shaw moves to table Amendment No. 2. A11 those ln favor, signify by saying Aye. Thcse opposed, No. The Ayes have :t, and Amendment No. 2 is tabled. Any further Floor amendments?

Amendment No. 3, offered by Senator Shaw.

Senator Shaw.

Thank you, Mr. President. Amendment No. 3 becomes the billr and the -- the amendment -- the bill -- oh ! It's -- it's -- Wait I just a minute. Amendment No. -- Amendment No. 3 is dealing wlth ! the federal Gun Free School Act y and this is in keep in: -- l i 5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 42nd Legislative Day May 3, 1995 bringing the State in line with the federal Statute. PRESIDENT PHILIP: Is -- is there any discussion? If not, Senator Shaw moves the adoption of Amendment No. 3 to Senate Bill 403. A1l those in favor, signify by saying Aye. Those opposed, Nay. Ayes have it. The amendment ls adopted. Are there any further Floor amendments that have been approved for consideration? SECRETARY HARRY: No further amendments reported. PRESIDENT PHILIP : 3rd Readin: . Now, I 'm going to gc back to the top of page 2. Senate Bi11 l98 . Senator Trotker . Read the bill. SECRETARY HARRY : Senate Bill 198. (Secretary reads tit1e of bill) 2nd Reading of the bill. No committee amendments . PRESIDENT PHILIP : Have there been any other Floor amendments been approved for conside ration? SECRETARY HARRY : M lendment No . l r offered by Senatcr Trotter. PRESIDENT PHILIP : Senator Tro tter . SENATOR TROTTER : Yes . Thank you very much , Mr. President . The amendment to Senate Bùkl 198 just makes a simple change. Et Eakes ouE Ehe terminology of family planntng in the parenting ski1l section . PRESIDENT PHILIP : Any further dlscusslon? Senator Trotter moves t:o adopt M endment No . l to Senate Bill l98. A1l those in favor# signify by saying Aye . Those opposed r Nay . The Ayes have it . Amendment No. 1 is adopted. Any further amendments that have been approved 6 . y, '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 1995 for conslderation?

Nc further amendments reportedr Mr. President.

3rd Reading. Senate Bill 438. Senatcr Cullerton. Senatcr Cullerton. Take out of the record. Senate Bill Senator Raica. Senator Raica. Take out of the record. Senate Bill 656. Senator Maltland. Senator Maitland . Take it out of the record. Senate Bill 664. Senator Tom Dunn. 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 725. Senator Lauzen. Take out of the record. Senate Bill 742. Senator Raica. Genate Bill 742. Genator Raica. Take it out of the record. senate Bill 798. Senator Lauzen. Senate Bill 798. SenaEor Lauzen. Take out of the record. Senate Bill 813. Senator Hawkinson. Read the bill.

Senate Bill 813. (Secretary reads title of bill) Reading of the bill. The Committee on Judictary adopted Amendments l and 2.

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

No further amendments reported.

3rd Reading. Senate Bill 945. senator Petka. Senate Bill 945. Senatar Petka. Take it out of the record . Senate Btll 1058. Senator Mahar. Senate Bill 1058. Senator Mahar. Take out of the record. Senate 3il1 1183. Senator Cullerton. Senate Bill 1183. Senator Cullerton. Take out of the record . The 7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 bottom of page 7, 3rd Readings. The first bill today is Senate Bkll 808. Senator Maitland. Take it out of the record. Senate Bill 823. Senator Mahar. Senator Mahar. Take it out of the l record . Senate Bill 824. Senator Mahar. Al1 right. Now, we 'rq onSenateBills3rdReading. SenateBill829. Senator 0'Malley. 1 Senate Bill 829. Senator O 'Malley. Take lt out of the record . Top of page 8. Senate Bill 843. Senator Crcnin. Read the bill.

Senate Bill 843. . (Secretary reads title of bill) 3rd Reading of the bill.

Senator Cronin.

Thank you very nuchr Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 843 has been amended, and the amendment was proposed in response to concerns that were raised by a number of the Members of the Revenue Commlttee, as Well as representatives of the Department of Lottery. The amendment, and the bill, now provides that -- essentially provides that someone who wins a lottery may have an opportunity to assign the proceeds I if they choose to do so: and this choice must be an educated one. 1 i They must be fully infcrmed, and a court must -- a court must endorse their action so that the consumer is protected. I Currently, if a Lottery winner wins a twenty-million-dollar prize, as -- as all of us know - presumably we all know - thae you don'e :et twenty millïon dollars. You get an annuity cver twenty years for somethinq less than twenty milllon dollars. Some people I suggest that that's a problem with the Lottery and the Way that the -- that the Lottery ls presented to the public. In any event, i this allows the consumer, the winner, to take a lump-sum payment ! if they choose to do so . I can think of many instances where the 8  STATE OF ILL INOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslative Day May 3, 1995 winner may elect to take a lump-sum payment . Currently , they cannot do so . They are not permitted to assign the prize for purposes of a lump-sum payment . The main issue that was debated at length in the committee was whether or nct this recelpt of this woulj -- would constltute constructive recelpt such that the winner would be taxed at a -- at a highe r rate than -- than What they u1timately deserved p or what they ultimately received . This had blpartisan support in the Revenue Committee. I've probably talked too much already as it is. I 'm -- Senator Berman , I know , is a strong supporter of tt, and I ask for your favorable consideratton. 'Phank you.

Any further discussion? Senator Peterson.

Thank you, Mr. President. I just want to alert my colleagues that we did have a lot of discussiony and Senator Berman and I were in several Ineetlngs and We fee1 this bill is very fine-kuned and we appreciate your support on the passage of this bill.

Senator Berman .

Thank you . I r(se in support of the bill . Some of the technical problems have been addressed and the group that -- or r the groups that would be coming in to -- to give a lump-sum payment to Lottery winners would have to :et an IRS ruling regarding favorable *ax treatment before t.hey could even start to make these -- this offer . That was a very impc rtant threshold that's built into th9 bi11. I urge a Yes vote.

Further discussion? If notr Senator Cronin, to close.

I just ask for your favorable vote. Thank you. 9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3: 1995

A1l right. The questlon is, shall Senate Bill 843 pass. l Those in favor will vote Aye. Those opposedr Nay. The voting is open. Have you a1l voted Who wiyh? Have you a11 voted who Wish? Take the record. On the question, there are 57 Ayes: no Nays, no votlng Present. Senate Bill 843, having received the requtred constitutional majorityy is declared passed. Nowr With leave, I will gc back to page 7 on the bottom. Senate Bill 829. Senator O'Malley. Read the bill, Mr. Secretary.

senate Bill 829. j (Secretary reads title of bill) 3rd Reading of the bill.

Senator O 'Malley.

Thank you, Mr. President. Senate Bill 829, as amended, requires that a unit of loeal governmpnt under Section 1 of Article VII of the Illinois Constitution or a school district filing a complaint for condemnation shall have a clear and convlncing burden of proof that the property to be acquired is ; needed for a specific and presently necessary project. I'd be happy to answer any questions there may be.

Any further discussion? Any further discussion? If not, Senator O'Malley, to close. SENATOR O 'MALLEY; Just appreciate an affirmative roll call. PRESIDENT PHILIP: i A1l right. The question isr shall Senate Bi11 829 pass. Those in favor will vote Aye. Those opposedr Nay . The voting is open. Have you a11 voted Who wish? Have you all voted whc wish? E 10 . ( '  r STATE OF ILLINOIS 89TH GENERAL AESEMBLY REGULAR SESSION SENATE TRANSCRIPT : 42nd Legislative Day May 3, 1995 i i Take the record. There are 54 Ayesz 2 Nays, none voting Present. I I Senate Bill 829, having received the required constitutional majoriky, is declared passed.

PRESIDING OFFICER: (SENATOR KEAVER) Senator Dudycz, on Senate Bill 850. Out of the record. Senator Molaro, on 854. Read the bill, Mr. Secretary.

Senate Bill 854. (Secretary reads title of bill) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Molaro.

ïes. Thank you, Mr. President, Ladies and Gentlemen of *he Senate. This legislation does tWo things. It prohibits the sale of exotic animals - nonlndigenous animals to the Unlted States - for the purpose of shooting, wcunding, or killing the exotic animal while the gxotic animal is tied, staked out, caqed or otherwise conflned in a man-made enclosure - what we usually call ''canned hunts'' - wlth the exception that the hunting of exotic antmals under programs sponsored or regulated by the State or federal agency would be permitted . So if the Department of Conservatlon permits it: and you get a permit, you can do it. They -- itls allowed under thls blll. Exlstln: 1aw requires clubs that partake in this type of activity to register with the DOC . fecondly, what this bkll does, it includes ratites, which are ostriches and emusr in the definition of livestock. Thës change was at the request of the ratite industry, which ls tryins to promote this industry. And that's basically what the bill does.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Woodyard. SENATOR WOODYARD; 11  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 1 I Yes. Thank you, Mr. Presidenk, Members of the Senate. I wish to compliment Senator Molaro in -- in putting this together and l 1 . compromising with the Department of Conservation. There was a concern about the poss.ibility of affecting hunting preserves. .. i This bill does not do that. The second thlng, in definitions of I ''exotic animals''# people Were concerned about, does this affect pheasants that are naturally Chinese blrds. Wellr flrst of all, his bill affects only mammals. It does not have any effect on pheasant hunting. I think he 's got a good bill, and I encourage support for that.

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

Thank you. There was a lo* of hard work done on this bill and I Would appreciate a favorable roll call. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) The question is# shall Senate Bill 854 pass. Those in favcr will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted Who Wish? Have a11 vcted Who Wish? Take the record. On that questiony the Ayes are 56: the Nays are none, none voting Present. Senate Bill 854, having recelved the constitutionak majority, is declared passed. Senator Dunn, do you wish to return Senate Bill 897 to the Order of 2nd Reading? Senator Dunn seeks leave of the Body to return Senate Bill 897 to the Order of 2nd Reading for the purpose of an amendment. Is there leave? Leave is granted. Mr. Secretaryy on *he Order of 2nd Reading is Senate Bill 897. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendment No . 1, offered by Senator Thomas Dunn.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn. 12  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995

Thank you, Mr. President. This amendment technical in nature in that it -- originally as the bill was introduced, failed to amend the Juvenlle Courk Act into the sanctions lnvolving the bill, and this amendment changes that and adds 1n.

PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, a11 those in favor, slgnlfy by saying Aye. Opposed, Nay. The Ayes have lt. The amendment is adopted. Are there further amendments?

No further amendments reported, President, PRESIDfNG OFFICER: (SENATOR WEAVER) 3rd -- 3rd Reading. Senator Sieben, on Senate Bill 942. Out of the record. Eenator Watson, on 944. Read the bill, Mr. Secretary.

Senate Bll1 944. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.

Yes. Thank you, Mr. President. Senate Bill 944 says it has something to do with fire dritls. Well, Ehat's noE the intent for this. This is a vehicle, and would just appreciate the -- the support of the Body.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 944 pass. Thase Ln favor Wtkl vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Havg al1 voted who wish? Take the record. On that question, the Ayes are 45, the Nays are none, votlng Present. Senate Bill 944, having 13 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 42nd Leglslative Day May 3, 1995 received the constitutional majority, is declared passed. Senator Dudyczr on 947. Read the bill, Mr. Secretary. ' SECRETARY HARRY: Senate Bill 747. (Secretary reads Eitle of b11l) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz. SENATOR DUDYCZ: Thank youy Mr. President. As amended, Senate Bill 947 amends the Election Code in the schedule of elections to require that the Mayor of the City of Chicaqo, as well as the city clerk and the treasurer's office: shall be elected at the consolidated primary election, Which is the last Tuesday in February of odd-numbered years in nonpartisan elections. If no candidate would recetve a majority of the vctes, which would be fifty percent plus oner at that point a runoff election would be held at the consolidated election on the first Tuesday in April. In such a runoff election, only the names of the candidates receiving the first and second highest votes shall appear on the ballot. This language is identical to the current provisions for electin: aldermen in the City of Chicago. It would eliminate the double campaignlng, which had occurred ln the City this year. This Wculd save the taxpayers of Chlcaqo some -- some much-needed tax dollars, and I know of no opposition and I would seek your support. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not -- SenaLor Jones. SENATOR JONES: Xeah. Thank your Mr. President. Could you inform the Body as to how many votes is required for passage of this legislation? PRESIDING OFFICER: (SENATOR WEAVER) Senator Jones, this is not preemptive of home rule, so it 14 ' . )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 would take thlrty votes. Senator Welch.

Thank you, Mr. President. I would just like to say that this is quite a reaction after the election on November 8*h. On November 8th Republicans won a lot of seatsr and here is an election they are admitting they cannot win. They are throwing in the tcwel, and theyfre saying that, ''We11, if we can 't win 'em, let's eliminate partisan elections. We 're not going to 1et the Democrats win. They keep winnlng that one. We canft. Let's throw the towel and say it's not going to be partisan at all.'' I'm really surprised, Senator Dudycz. I thought someday you would be the Republican candidate for Mayorr and -- I'm really surprised that you're throwing in the towel, admitting defeat before we even cast a ballot. And I know there are a number of people on your side who would come to Chicago and vote for you had you run, but since you would be running nonpartisan they probably won't. I'm sorry to see that. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Dudycz, to close.

Thank you, Mr. President. Senator Welch, this would not prevent anybody who is a resident of the City of Chicago to run for the Office of Mayor. Althouçh Ir myself, Would would not have that intention. I'm very happy beinq where I'm at. Just ask for everybodyls support. PRESIDING OFFfCER: (SENATOR WEAVER) The question is, shall Senate Bill 947 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have al1 voted Who Wish? Take the record. On that questlonp the Ayes are 33, the Nays are 22, voting Present. Senate B11l 947, having received the constttutional majority, ig declared passed. Senator Klemm : on 951. Read the billr Mr. 15  1; STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 1995 Secretary.

Senate Bill 951. (Secretary reads title of bilk) 3rd Readtng of the bill.

PRESIDJNG OFFICER: (SENATOR WEAVER) Senator Klemm.

Senate Bill 951 has some limiting for expenditures by political committees. I'm not sure if we're really ready for this bill as yet. We're stlll negotiating. So 1'11 take it cut of the reeord.

PRESIDING OFFICER: (SENATOR WEAVER) Take lt out of the record. Senator Fawell, on 9907 Read the bill, Mr. Secretary.

Senate Bill 990. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell. SENATOR FAWELL) Thank you very much. This is really jusk a a shell bill. I1m not sure that we'll even need it, but 1'd like to keep it moving just in case something happens that We do as times goes on.

PRESIDING OFFICER: (SENATOR WEAVER) Is there dlscusston? Senator Demuzio.

Welle this shell bill is a shell bill that had the sponsorship of Senator DeAnqelis last week. Andr Senator Fawell, I'm looking on *he Calendar here, and if this is a vghicle, you 've got a heck of a passenger over there in that in that passenger side. 16  . j STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT k 42nd Legislative Day May 3, 1995 PRESIDING OFFICER: (SENATOR WEAVER) Further dtscussion? If not, the question is# shall Senate Bill 990 pass. Those in favor wtll vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 41, the Nays are 4, 8 voting Present. Senate Bill 990, having recelved the constitutional majority, is declared passed. Senator O'Malleyr on 1007. Senator O'Malley? Out of the record. Senator Cronin, on 1016. Out of the record. Senator Watson, on 1018. Out of the recard. Senator Cronin, on 1019. Out of the record. Senator O 'Malley, on 1029. Read the bill, Mr. Secretary . SECRETARY HARRY: Senate Bill k029. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Ma11ey. SENATOR O IMALLEY: Thank you, Mr. President, Members of the Senate. Senate Bill 1029, as amended, adds a new Section to the School Code that allows school dlstricts to employ school social workers and define their duties. Be happy to answer any questions there may be. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question isy shall Senate Bill 1029 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who uish? Have a1l voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. Senate B1ll 1029, having received the constitutional majority, is declared passed. Senator Raica, on 1032. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 1032. 17 I .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslative Day May 3, 1995 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Raica.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I was asked to put this leglslation on behalf of mobile home ownersr actually, EhroughouE the Stake. What basically does ls: They have -- it permits them -- the tenants to have the right of first refusal to purchase or lease a nobile park themselves, natified by the park owner of a proposed sale/lease. It also requires the park owners to compensate tenanes lf the owner intends to change the use of the land on which the mobile homes are located. And it's felt, by a lot of the mobile home owners, that since there are not a lot of mobile trailer parks in the State of Illinois and they're very limtted to where they can put their thelr home, thaE they would just like the courtesy of -- of being tnformed that their land is going to be sold, and they would like to have the option to be the first persons to at least put in a bid to purchase that propertyr and I ask for its support.

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

Thank you, Mr. President, Ladies and Gentlemen. And, Bob: apologize, but I have to come out strongly agalnst this -- against this bill. If there are few trailer parks now, Ehere are going Eo be a 1ot fewer in the future, because uhat this does is to -- is to bind the owner of the trailer park in a situation that is a no-win, essentially for that person, because, as I read the bilt, -- if the tenants say noy the -- the owner is -- is really stuck wlkh the -- with the propprty whether he wants it or not. 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Secondly, if you -- if you can imagkne, this is noEhing more than if you owned an apartment buildlng. If you were the owner of an apartment buklding, your tenants could have the right of first refusal and a1l of the other that or, more onerous ehings that think that are in this bill. It seems to me that an owner of a property should have sone basic rightsz and this, ln so many respects, takes those basic rights away frcm the owner. I wculd suggest that unless we want to extend this someday to al1 apartment dwellersr that we vote this down now.

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

President and Ladies and Gentlemen of the Senater this is not like an apartment. Nct at all. Not at all. There are very few parks that have these mobile homes on themf and they are -- 1et me tell you, those people Who own those mobile hcmes are at the mercy cf the landlords. I've had several situations that have happened my area where -- had a -- an estate, th9 man had a mcbile home and I was told that tt'd take three thousand dollars to move that mobile home off Ehe grounds. Now, a1l I can tell you is that what this bill is doing is trying to make lt more equitable for the mobile home owner. And I understand that a a right of first refusal: if they al1 :ot together and wanted to buy it and match the price that the park owner would get from someone elser what's Wrong with that? When you have so few mobile home parks, they are -- the -- the people who own those mobile homes are at the mgrcy of those parks, and most of them are senior citizens and disabled citlzens. And I think We have a duty to *ry and help them. If there is some correction to this bill be made, fine, let them do it in the House. But let's pass it out of here. This bill has been supported by AARP and a whole flock of -- whole flock of people and -- and groups, and I think it's only  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 falr and equitable to glve a chance to the person who owns a mobile home to have same element of protection in being in a mobile parke and I ask for favorable approval of this bill.

PRESIDJNG OFPICER: (SENATOR WEAVER) Further diseussion? Senator Lauzen.

Thank you, Mr. President. Couple of questions for the STOnSOr.

PRESIDING OFPICER: (SENATOR WEAVER) He lndicates he Would yield.

Senator, can you give any other example where we legislate a sale contract for any other asset in the State of Illinois?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Raica.

If I had that question a week ago, I might be able to research ity but I don't have one now.

PRESIDING OFFICER: (SESATOR WEAVER) Senator Lauzen. SENATOR LAUZEN ; Well, one of the reasons why I would ask this questlon is that thts is a very tmportant step forward, and I believe that thks is the first day that this is being presented on the Senate Floor. For instance, one of the concerns, and maybe youfve already handled this in an amendment and I'm just not aware cf it, but one of the things that I'm under the impresston is that this would restrict a pgrson who owns a mcbile home from selling it to a family member. Is that accurate, or has that been amended out of the bill?

PRESIDING OFFICER: (SCNATOR WEAVER) Senator Raica. 20  I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leslslative Day May 3, 1995

I -- I was discussing something w1th Senator Fawell, but I think -- it doesn't say that they can't sell it to a family member, but the tenants -- the main crux of this, Senator Lauzen, is there have been numerous situations where these people have been told, f'I'm getting r(d of this land. You have to take your mobile homes and move.'' And they have no place else to move to, because a majority of the mobile trailer parks -- or mobile home parks, I'm sorry, have been closed throughout this State. If there's a provision that you're asking that would preclude the owner from selling to one of his family members, I'm sure I can -- orr I would have that put on in the Hcuse, if that's a eoncern of yours. I -- I really don 't have a problem with that whatsoever, to tell you the truth.

PRESIDING OFFICER: (SENATOR WEAVER) Senatar Lauzen.

Wellr I do use that. I've -- I've just -- you know, I've had one comment, one stop in -- you know, one person raised a couple of issues about a restrtction -- a restriction on the sale of an assgk. For tnstancer if you owned an apartment building, would you want the Legiskature to restrict who you would have to give a first right of refusal tc? I think that the one example of selling or transferring to a family member - perhaps you would Want to sell lt for a lower price than you would to a group of the residents. Would you want an aparbment building that yau might ogn restricted: that you have to glve the tenants first right of refusal?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Raica.

Senator Lauzeny I mean, I can appreciate the example that 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 42nd Leglslattve Day May 3, 1995 i ; youlre giving, but I thlnk we're mixiag apples and oranges here, ! 1 because apartment buildings there are hundreds and thousands of throughout the State. The problem ls, these people can't just up and move out of a mobile home and mcve someplace else. There just is not property around. I -- I don't see Nhere it's Ehe same. And as far as do we do these things wlth land? I mean, they condemn property a1l over for different reasons in this State. Eminent domain they take over property. The problem is, these people have no place to go. So -- I mean, but I -- I respecb you, and I -- and I know What point that you're getting at.

PRESIDING OPFICER: (SENATOR WEAVER) Senator Collins.

Question of the sponsor, please.

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

Senator, Ne had some concerns in -- in the committee in reference to the provislon in the b1l1 that required the -- if the landowner wanted to change the use of the land, that they had to not only notify the -- the mobile hcme owners wtthin ninety days of the lntention to do so, but also you are requtrlng the landowner to pay for the relocation of the moblle homes. Did you do anything about that with an amendment?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Raica.

Can -- Senatcr Collins, would you just repeat that questicn, please?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins I . I SENATOR COLLINS: I I 22 ' '' - .- .- -- - .- -. - - - ...  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legkslative Day May 3: 1995 There was a provision ln your bill and I doa't know whether lt Was intentionally or not, but see according to my staff analysis here it's still there - that required not only -- if the land -- for example, if you owned a tratler park - the land - then if you wanted to change, for whatever reason, the usage of your land and you are no longer going to have a trailer parkz you require the owner of the land to have tc purchase or pay for the relocation of the nobile homes on that land. Now p think that's -- you know, I am very, very consumer-oriented and I thlnk my record speaks to that, but I think you really are gotng to far and it may not be your intentlonr because it's really unfair. If you own a parcel of land and you decided: for redevelopment or for whatever other purpose, that you wanted to change the usage for, you most certainly shauld not have to purchase a home of Whieh you had mobile hcme of which you had leased *he space out for. think that's taking it a bit too far and it's unfalr.

PRESIDING OFFICER: (SENATOR WEAVZR) Is there further discussion? If notz Senatcr Raica, to close.

Well, thank you, Mr. President. I meant no malice by puk*ing this piece of legislation PRESIDING OFFICER) (SENATOR WEAVER) Excuse me. Senator Colltns, I dldn't take that as a questicn to the sponsor. took it as a -- a comment and a statement. Da you have a particular question wanted to ask? Senator Collins.

Yes. Senator, I know I'm not dealing with malice. I said may not have been your intentlon, but it's in the bill. And so wanted to know, was lt your intention to force the owner to purchase a11 of the moblle homes on his or her land after requlrlng to mean, canplying to the notice requirement that  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 i hehad togiveout,orshe bad togive,to themobllehomeowners? j

PRESIDING OFFICER: (SENATOR WEAVER) Senator Ralca.

Yes.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discusskon? If not, Senator Raica, to close.

Thank you, Mr. President. As I stated, there was no nallee intended by putting this legislation in. The people Who own mobile homes - it's just like you can't get up and move and move to another house, or move someplace else - a lot of times they can only afford the mobile home they're living in. They 're shown a piece of property when they first come in and tend to buy the mobile home. They walk in, and al1 of a sudden, the pkot that they dre shown isn't exactly what they 're going to kive in once they -- they move into this nobile trailer park. They -- they have a 1ot of problems in these particular trailer parks. This is just saying, if theyfre going to sell that property, they would like the right of first refusal, because there are so very few trailer parks in -- in the State of Illinois. There is no place for these people to go. I would just ask for your support.

PRESIDING OFFICER: (SENATOR WEAVER) The question isy shall Senate 3111 1032 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wlsh? Xave all voted who wish? Have alL voted who wish? Take the record. On that questiln, the Ayes are 24, the Nays are 29, 2 voEing Present. Senate Bill 1032: having failed bo receive the constitutional majority, is declared lost. Eenator O'Malley, do youwishtorecall--outoftherecord. SenatorSyverson,on j 1036. Read the bill, Mr. Secretary. j SECRETARY HARRY: i I 24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3t 1995 Senate Bill 1036. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1036 amends the Crlminal Code in relation to obscenity offense, to change the standard of public acceptance of material from a statewide standard to a county standard. A couple things I should point out regarding this piece of legislation: Flrst of allr it simply changes the definition of community standards. It dces not liberalkze or narrow the definition of obscenity. Another thing is, we have drafted, but we have not had put onta the bill yet, language which takes the libraries out. We've worked with them. We have an agreement on that, and we will take care of that amendment over in the House, which Will take libraries out of this legislation. We've also had discussions with the Motion Picture Association, and wlll contlnue dialogue on this legislation over in the House. This is currently the -- the 1aw in eleven other states, includtng states like Massachusetts and Minnesota. Eourteen other states have a more liberalized definition of community. And with that, will answer any questions that you might have on this bill.

PRESIDING OFFICER: (SENATOR WEAVER) Is Ehere discussion? Senator palmer.

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

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

Senator Syverson, as I understand it, you are shifting from 25  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 I 1 the standard set by *he State to the -- to a standard in the county or the community. Is that correct? j PRESIDING OFFICER: (SENATOR WEAVER) 1 Senator Syverson.

Currently When a -- When a case goes to the jury, the jury is instructed that -- to define obscenity they have to look at what the entire State feeks an obscenity is. So the jury nay feel, in thatpartlcularcommunity,thatsomething is -- is obscene and 1 wrong and pornographlc, but if they're instructed, or if they can 1 ' be given proof that that material is -- is accepted sonewhere else ln the State, then that is proof that can be used to throw a case -- case out or give the opportunity that a jury cannot rendec a deciston that it would like to render. PRESIDING OFFICER: (SENATOR WEAVER) 1 . Senator Palmer.

What is the current State standard? Do you have some examples of -- of What -- what we use as a standard against obscenity?

PRESIDING OFPICER: (SENATOR WEAVER) Senator Syverson.

This is a crimlnal casey and I think every -- every case stands on i*s -- on its own, and would be up to the jury to decide what that definition of obscenity )s. And this, again, does not change thaE deflnitlon of obscenkEy. PRESIDING OFFICER; (SENATOR WEAVER) : 1 Senator Palmer. 1 I I SENATOR PALMER: ! 1 ... tmicraphone cutoffl...understand from our staff that lt is I established by experts -- With some expert assis*ance. Is ik your 1 I intentlon to have experts work with this at the county level? I 26 . t '  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leqkslative oay May a, 1995 1

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

That would be the same, but it would be limited to 4 ccunty level then.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.

Senator Syverson, as a grandmother of four, I certainly share your concern about pornosraphy and obscenity and so forthr but I'm also a little concerned that we don't fall lnto a -- a trap of -- of a parochialism that sets one community against anokher. I -- I just have a real fear about a kind of anarchy that could come from this. That's Why I Was asking you if there is already a process in place, and if we already use experts, then I'm not sure what it is you expect at a county level that is not already available to you at a State level.

PRESIDING OFFICER: (SENATOR WEAVER) Is that a questionv Senator Palner? Is that a question, Senator Palmer? Senator Syverson.

And again, I guess my response is -- can -- can maybe best be summed up in a letter I received from the State's Attorney in -- ln Champaign, where he recently lost a case against an adult book store - Champaign Books, Inc. - and the sole defense was that they were ablê to ffnd Ehe matertal kn another part of the state, which was sold in that State qsic>, even though the -- that county and the jury of the peers ln that county found it very offensive. That case was lost solely because of -- of that decislon, and I thtnk it's time that we just allow the -- we give the State's attorneys one more tool to help fight the sertousness of -- of 1 poracgraphy tn -- in this State and the effects that it has not I ! 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 42nd Legislatlve Day May 3, 1995 only on women, but cn children.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

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

PRESIDING OFFICER: (SENATOR WEAVER) He indlcates that he wculd .

As our analysis puts it, wefre giving this authority to the counties. Is that correct?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

Giving it to the cltizens of the county, the jury of their peerse

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

So r then, We are allowing the county to preempt any municipal ordinance that may be on the books. Is that correct?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

It does not exempt that -- or, preempt that.

PREEIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

Well, we're putting it to a county standard and *he city has its oWn standardr I Would beg to differ. I would think that you are, Ehen, allowing the county to preempt Ehe home rule unit of the cities by making a ordinance that may be tougher and/cr 28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 weaker.

PREEIDING OFFICER: (SENATOR WEAVER) Further discussion? Senator Hendon.

': Thank your Mr. Preskdent. at -- at the risk of exposlng the fact that I am much more conservative than some Members mlght think, I rise in strong support af this legislation. In Chicago, right now, you can't even go and buy a newspaper without seeing kind of -- of nudie magazines and all that. And Jlmmy D. might like it, or Johnny Cullerton, but it a11 has place. And it -- the place is not in front -- the place is not in front of anyone who walks up to buy a newspaper. It's simply ou* of hand. I hope that we go even further than this, and and that Senator Bev Bev Fawell will brin: back her bill that would keep our young people fron buytng these obscene records Without any kind of check and balance at all. So I rise in strong support of this pro-family, good solid legislation for decency in the State of Illinofs. Thank you.

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

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he will.

In your bill, are you defining the word ''communityf' and if sor what is your definitlon?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

Community is defined as the county in which the -- the person resides or in which the the offense was alleged to have 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 1995 occurred.

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

Would you be amenable that this bill passes here, and goes to the House, to put an amendment on to indicate that the county cannot override a restriction if it's stronger of a municipality?

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

Aqainy we're nct changln: that or preempting anything in -- in a municipality or a home rule. That's -- doesn't have an effect on thks.

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

Mr. President and Ladies and Gentlemen of the Senate, the leadlng case on the obscenity standard is Mtller versus California, which set out the test for determining what is obscene material. And the test is whether the average person, applying contemporary community standards, would find that the Work, as a whole, appeals to prurient inEerest and whether kt's the -- depicts sexual conduct in a patently offensive way, as defined by State law. So although the court did not define ''communityd'r the courts have held since *hen Ehae *he prescription proscription on obscenity does not have to be based on uniform nationwide standards. Therefore, a juror would be entitled to draw on his own knowledqe of abuse of the average person in the community from whlch he comes from, maklng the required determination, which I think is a fair standard. mean, What may be very fine in Hollywood, Californiae may not be very fine in Zion, Illinois. I 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 can assure you. And I think the bill has merit. I think we should pass 1t, and let's take our chances on it, because I do thlnk that we've gone too far with obscenlty. Vou cantt look at most TV programs right now without being sick because a11 they can do is glorify sex and bad lanquaqey and certainly, think, in the community in which we live we should be entitled to be judges, to a point, as to what should be shown and not shown for young people. I speak in favor of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Molaro.

Yes. Thank you, Mr. President. I -- I -- there nust be a misconceptlon of what this bill does. It does not redefine obscenity. So what the Senator from Chlcaqo talked about, pro-fanily and filth and a11 this otber stuff, this does not stop any of that. Wedre not redefining what obscenity is in the State of Illinois. still has the same definition, and itfll still have the same -- same type of -- of interpretation. What we're trying to do here is we're changlng what we consider a community standard to be. What wefre saying is that we now take a statewide standard. What the State of Illinois -- when someone sits in the jury box and they try to define what the standards you should use to judge, we tell the jury that what you should do is look at the State cf Illinois and What our standardr our way of life: should be. What this bill does ls say, ''Forget what the State of Ilkinots does: welre gotng to qo community by communlty.'' We're starting to think that What's good for one community that there's a different standard somewhere else; that some communities are a little less concerned abcut their family, a little less concerned about what their children should see than What my communlty Well, you just talk -- saw the Secretary of State worrying about what Wisconsin is going to do about liquor. We don't want it  STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 i I where every community should start deciding whether it should be 1 i eighteen years old to gamble, twenty-one years old to -- to start j i drinking llquor. What we're going to start doing ig dividlng everyone. We're golng to start saylng, ycu can sell this book in - - inf you know , Sangamon County, but you can't sell it in Livingston County. I don't know what you'll start doing with -- with stuff that HBO puts out, or some of the stuff on cable; because obviously if you ever saw Red Shoe Diaries or these after hour thingsg you might not ltke that. We're going to start blaekkng them out a1l over the State of Illlnols; start plcking up your -- your TV Guide and say, ''oh, we can 't shcw thls ln Livingston County. We can't show this in Champaign, but we can do it over in -- in Macon or where -- whatever other county there is in the State of Illtnois.'' You can -- and this is why this is duplicitcus and makes absolutely nc sense. When you have a jury and you give it tc the jury, and it's in the same county - let's assume we pass this and ncw wedre in communlty standards - and you could have two separate trials golng on in the same county butlding. One jury that says community standards could stand there and say, ''I thlnk this is up to our community standards'' and the next jury may not. And you could have a guilty and you could have a not quilty in the same county. Why We Want to say that some standards in one county are substandard and others aren't, seems to me to be ridiculous. Thatls all this does. It does not redefine obscenity. It dcesn't protect the famlly more. A11 it does ls p1t one county standards against another. And it will make people in Chicago f East St. Louis, feel inferior, and that makes no sense. Thank you . PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski. I SENATOR BURZYNSKI: I ! Thank you, Mr. President. I rise in support of this I 32 I ' . ..  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 1995 legislation for many reasons. Senator Syverson and 1, obviously, share a couple of counties in our districtsr and I've talked tc the State's attorneys in our districts and talked to them about the problems that we have with child abuse, With sexual abuse, domestic violence, and they attribute a 1ot of that to some of the standards that we have in the State of Illinois relatkve to the Crimlnal Code and obscenity standards. So rise in strong support of thts allowin: peopke, allowing our local communities, our local counties to adopt those standards - and certainly would encourage my colleagues to do likewise.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Thcmas Dunn.

Thank you, Mr. President. Question of the Chair. HoW many votes does this take, since preempts home rule?

PRESIDING OFFICER: (SENATOR WEAVER) Take thirty votes. It it is not preemptive. Senator Dunn.

Do understand that this standard could be applied to Cook County, which is a home rule county?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynskl. Senator Hawkinson: do ycu have a...

Thank you, Mr. President. On that point, I don't see how thls can be conceivably viewed as preempting home rule, because the Cook County standard would be the standard ùn Cook CounEy. The the citizens of that county on the jurors Ksic> Would adopt the the communt*y standards for Cook County. It's no preemption of home rule . The sane is true With any Other countyr whether itfs a home rule community in Peoria or the Quad Cities. Those cities are part of the county and the citizens of those juries would apply those standards. There's no preemption of home rule here. 33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslative Day May 3, 1995

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.

I think it's -- I respect Senator Hawkinson's cpinioq; however, I would add that it's not binding, and I think the courts might have a different view. My questiony then, would be to Ehe spcnsor. Senatorz is the intent of this bill to prevent the distribution within a county and let that decision be made by the citizens of that county?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

thtnk the the the intent of thls bill is to more clearlg define what community ks, and to empower the citizens in that ecmmunity to have more of a role in the -- in -- in defining that.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.

And isn't their role, Senator, then, to prevent the dlstributicn of certatn kinds of material wlthin that county?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

It still has to meet the definition of obscenityr and it does not preven: distribution of -- of materials.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.

Senator, if -- if county A decided that a eertain piece of literature was obscene and county B decided that was not, then wouldn't the effect be that county A would prevent the 34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 distribution of Ehat material in county A, but not county B?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

That could still happen today, and it still would not prevent the distribution. It would still be up to the jury if a case were brought agaknst that distrlbutor.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.

Well, Senator, think you're avoiding the obvious, and the obvious is becoming clear, and that is that the intent of this bill and I'm not saying it's wrong that you wish for a county: county A, to decide what's good for county A. And my point would be that county A restdents could go right next door to county B and obtain the same material that you're trying to prevent. You have also -- you have also, in your attempt to prevent the distribution of matertals: acknowledged that there are exceptions and that's the library. But there are more exceptions than the libraryr because durinq testimony in committee, I believe it was the State's Atkorney from Champaign County said that uould never prosecute anything that came through the TV. Do you recall that, and am I correct?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

I spent a couple hours on the phone talking with *he motion picture associations on Friday, and asked them What the -- What the ramifications have been on the -- the current eleven states that have Ehts and the current fourteen gtates that have not defined it as statewider and he was nice enough to admit that khere has never been a case brought agalnst them, and there has 35  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 never even been an lntinidaticn or they have never not distributed naterëal because of a potential fear that this might have. This -- the intent of this is not to go after motion picture associatlons. They have their set of ruling and guidipg, and -- and I give more credit to the State's attorneys, that their -- their intent to this is not to be flying off the handle and going after the movie industry.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.

Well, Senator, you make my polnt, and the point is that you are attempting to limit what people can read or listen to or see and the effect of your bill, by your own statement a few minutes ago, is that nothing will be blocked from viewing on the television or from hearing. And you have also stated theredll be an exception for libraries. So the point is that you may prevent distribution of a magazine, but a1l the garbage that comes across on TV, well -- well, there'll be no effeck, and any garbage that bappens to be in a library, there'll be no effect that either. And not only that, but when you make a standard in county A, they can drive across the line to county B and buy the garbage over there. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Bowles.

Thank your Mr. President. Senator Syverson, had an lnterest in this bill. is this -- does this give a county an option of setting a standard on a county basis, or could they revert to a statewide description of obscenity -- determination of obscenity?

PRESIDING OFFICER: (SENATOR WEAVER) Senator -- Senator Syverson.

36  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 42nd Legislatlve Day May 3, 1995 I guess there 's -- there's still going tc be a county standard, and Ehe court is goin: to -- to -- to limit that to -- to the county definition. If -- if no one in the county objects to certain material, then obviously a case would pot be <sic> brought -- would be brought against them, and that would thus set a -- a -- a standard by -- by omission. PRESIDING OFFECER: (SENATOR WEAVER) Further discussion? Senakor Bowles. SENATOR BOWLES: Thank you. I wonder whether the sponsor would consider holding this bill and let's talk a little b1t further about it, if you dcn 't mind: because I am signed onto the bill: and Ifm beginning to have some problems. PRESIDING OPFICER: (SENATOR WEAVER) Senator Syverson. SENATOR SXVERSON: There's Qoin: to be some adjustments made over in the House anyway, so we'll be happy to work with you, and if there are thipgs that you're concerngd abouty qe ean address that since it needs to be amended over in the House. And if Senator Dunn wants to do a bill thatds much tighter and goes after the libraries and movie industry, I -- I'd be happy to sit down with him and cosponsor some legislation with him on that as well. PRESIDING OFFICER: (SENATOR WEAVER) Senator Colllns. SENATOR COLLINS: Questlon of the sponsor. please. PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'll yield. SENATOR COLLINS: Senator, let me -- let me try to understand how this works. If -- flrst of all, the county board would write up the standards? 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Who would write up the standards? How do -- hoW does the...

PRESIDING OFFICER: (SENATOR WEAVER) Senator Colllns. Excuse me. Senator Syverson.

Could you -- could you -- who would define the standards? Who would determine what the community standards were in the county? Would the county of -- Cook County Board do that, and you're...

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

Nor it's not. But if can refer to Senator Petka to glve a more teehnical answer on that.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka .

Thank you very nuch, Mr. Chairman. The answer to that question Senator, every case where there is a prosecution under their Statute there a -- a test that is given to the trier of fact. Whether or not it's a judge or a jury, they're given an instruction about what the 1aw is. In terms of setting the standard, what happens is that expert witnesses are called -- that they are called in and they give testimony about -- in their expert opinlon, about whether or not the material happens to be obscene. The jury or Ehe Lrier of fact, by its decision: makes a - - make -- decides what the standard will be.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.

I -- -- have some problems here undersEanding the definitlon -- your definition of community. NoW you 're -- you 're saying that the county board is not going to be the one that -- that would determine what the community standards are. Will the 38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR 5E6SI0N SENATE TRANSCRIPT 42nd Legislative Day May 1995 people of that particular county have any vote to determine what's obscene and Whatfs not obscene? I mean, this is -- to me this is very, very confusing here, and the sponsor can 't even answer something as basic as Who Will determine the standards ar the communtty standards you see, everybodg in the community' and now you're saying that expert witnesses wlll come in. Well, that depend on expert in what. Xou know, are you an expert in determining what I think is obscene? What every indlvidual here determtne, ln that countyr is ls obscene? A group or a -- certain groups of people in that county determine what is obscenity eheir standards? Whose standards will you go by? And I understand what's the law now, so if theyfre going to use what's tn the law now as -- as the skandards and case law, then why do We need this blll? That's what bothers me. But what this bill does ls what a serious mistake that Was made twenty to twenty-five years ago in a lot of metropolitan areas. When there were problems of drugs and crime ln those communities, there Was no 1aw enforcement. They Were lax on law enforcement. And so what happened, you had drugs then moving out into the suburban areas and you had crime -- more crtme, you had more gangs. And the same thing with carrykng guns ln the schocls. :ow you have more guns carried in suburban areas and schools... PRESEDING OFFICER) (SENATOR WEAVER) Senator Collins.

... you do in metropolltan areas.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins, would you confine your remarks to the bill before us, please.

That but that's the premise of thks bill. Thatls what's wrong with thts bill. You cannot -- you cannot have different 39  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 standards of 1aw for different communities and areas in thts State. A law should be uniform. In order to be fair, they have to be uniforn . And so that's what you're trying to do now, and think it's wrong. It's Ehe State's responsibility, and lf we are going to enact obseenity laws or standards, they should apply to equally - everyane throughout the State of Illinois. not: we should not be doin: this tcday, and that's what makes thks bilk Wrong.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.

Yes. Thank you, Mr. Presîdent. Senator Petka, has -- has indicated - I think accurately - that the way works now is that if someone's charqed with obscenity, there is a trial and there's an expert witness who testlfies what the statewide standards are. And apparently the need for this bill is that, Rockfordr someone was charged with obscenity and the statewide standard, as tgstified to by the experE witness, apparently was, in Ehe perceptlon of the sponsorr too lenient. So apparently the there are scme counties in the State which are bringing down the standards that you would like Eo have set in Rockfordr or any other counties. Apparently that 's the need for the legislation. Is that -- Senator, is that pretty aceurate as to the reason Why youfre bringtng this forward? If you can answer that.

PRESIDING OFPICER: (SENATOR WEAVER) Senator Syverson.

No. think the -- as -- as ue stated during the committee and the testimony over the last half an hour now, that the reason is to -- to give juries and give -- more clearly define what community is, to allcw indivlduals in that eounty to have clearer say in -- in the area of obscenity. 40  STATE OF iLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day %ay 1995

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.

Now I'm really getting confused, because I sat through the committee hearlng. Senator Petka just accurately described how it works naw. If someone's charged With obscenityr you have a trial. You have a statewide standard. You have an expert witness that testifies what the standard ts, and the jury, clearly reading the instructions - and as you indicatedr you're nct changing the definition of obscenity - they apply the standard to the facts of the case and they decide uhether or not the material is obscene. And you're bringing this bill forward because apparently there are some other counttes in this State, other than yours, that are more lenient, in your opiniony as to what the communlty standards might be. So youlre hoping fcr an expert witness to come in and say, HWell, in in this county'' -- ''Were this obseenity ln Putnam County where there's six thousand people, ln Putnam Couney I've reviewed the -- the community standards, and I think the standards are that this HBO special obscene, and therefore I think thatz in my opinion, as an expert witness, thts is what is the community standard.'' Now' that's what your bill does. And I think, as a result, very impractical, and it's also kind of offensive, beeause I -- I'm -- implicited <sic> in your premise is that it's Cook County, and specifically Chicagoy which is the -- the eounty that's bringinq down the State standards. %ou know , this -- if this tdea catches onr We can have .08 for certaln counties, because the community standards wauld think, ''Wellr we should have .08 in that county.'' How about the coneealed weapons b1l1? Maybe -- maybe certain counties -- or the motorcycle helmet law? be happy to pass that any county. I mean, that -- that's not something which we -- we ought to do. -- don't think that it's practical, and when you're talking about 41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslattve Day May 3, 1995 distrlbuting something throughout the Stake, and knowing What is or is not obscener you're talktng about a hundred and two separake definitions of what an expert Wttness uould say ls the communtty standard. You're not talking about a huqdred and tWo differenk definitions of obscenity, but if you have a hundred and two dtfferent expert witnesses glving a hundred and two different standards: then, in effectr when you interpret what obseenity is, you have a hundred and two different definltions of obseenity. And for that reason, I would urge a No vote. PRESIDING OFFICERJ (SENATOR WEAVER) Senator Carroll.

Thank you, President. Question of the sponsor, if he wlll yield.

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

Am I correct, Senator, that were this 1aw to pass, you Would have a community standard that could declare something non-exhlbitable in a movie theater? Likewise, therefore, you could not rent that movie in a video store, but were that movle to be shown on television, then that Would be allowed in that community?

PRESIDING OPFICER: (SENATOR WEAVER) Senator Syverson.

Currently, there are that's true. There are fifty different standards, as gvery stake has different standards. And of course, the -- the eleven states bhae currently have it, each one of their counties will have that. So that currently (S in effect now.

PRESIDING OFFICER: (SENATOR WEAVER) 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leqislative Day May 3, 1995 i I Senator Carroll. ! SENATOR CARROLL: I i Then maybe I just don't understand. You're saytng it's okay I to watch it on television , as lpng as you didn pt use the i televisëoa because you rented the video tape, and that you can't go to the theater to see it, but you could go and watch it on television - it was shown, even )fr in that county, a jury had found that it was obscene. Is that right?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

I don't think I have ever stated, or suggested, that.

PRESIDING OFFICER: (SENATOR WEAVER) Further dlscussion? Senator Hendon, for a second time.

Thank youz Mr. President. I apologize for rising a secand tlmer but we need to clear up a couple things. Specifically, I want to speak to what my good friendy Senator Molaror sakdy and -- and how people are making this a -- a -- an attack on Cook County. Cook County can still set its own standard. If Cook County decldes that everything is everything and they don't want to change nothing, then that's what Cook County wculd dc. But let me just tell you something, I used to live on Lake Shore Drive, and I understand why Senator Cullerton ls -- is against this. On Broadway, up in his district: anythlng goes, and -- and you would not want that necessarily in your community. If they put some of the stuff that's on Broadway in Austin, tn Senator Collin's district, the people of her district would have a fit. Ncw, I'm sayins that there are - and there should be - oppcrtunities for dlfferent communities to set their standards on this questlon of obscenity. I don't know who we're trying to protect here? same OE I my colleagues on this side of the alsle. We should be thinklng 43  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3: 1995 I about our children. We must face up to the fact that M erica is I I in decay and it's in decay based on our own liberallsm and our own determination to have freedom. Well, freedom gone wkld, my E friends-it'swhat'scausingharminthiscountry,and I'm just 1 as lkberal as anybody on this side of the aisle, but at some point I We got to stop and say, HWhat's going to happen wikh our ' childrena'' Now, 1 know Mr. Jack Velente, the head of the Motion Plcture Industry -- Association personally - a decent and fine man - and we had this discussion last year. This ls not going to affect the movie businessr but if it takes some obscene books out of -- out -- from a11 of these newsstands where children who just go up there to -- to buy a newspaper for their mcther or father don't have to look at al1 these naked bodies, then that's fine. And any Senator here that still Wants to go behind closed doors, or have a nudle party, or whatever, you can still do it. You can invite me, I might come. But it should not be in the face of the childrenr and we better start facing up to that before this country continues on a downward slide because of -- of -- of people who Won't face up to the fact that you can go too far with this liberallsm. And I urge an Aye voEe. END OP TAPE TAPE 2

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

Thank you, Senator Hendon. To my seakmate, Senator Hendon, thank you. We are not departing #n some Wlde-eyed scheme here. I 44  STATE OF ILLINOIS 89TH GENERAL ASSEMXLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslatlve Day May 3, 1995 I This is -- this is something that's already taking place in eleven sEakes, lncludlnq -- and these aren't what you would consider Bible Belt southern states. We 're talking about Mlnnesota. We're talking about Massachusett@, New Jersey. This is currently the law. I*'s workin: very well. We have talked to the State's attorneys. And agaën, thls is a tool that they feel is helpful. And I think if We can give them additional tools to ccmbat thls serious problem, we should do that. And I would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR WEAVER) The questëon is, shall Senate Bill 1036 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted Who Wish? Take the record. On that question, the Ayes are 40, the Nays are 14, l voting Present. Senate Bill 1036, having received the constitutional majority, is declared passed. Senate Bill 1066. Mr. Secretary.

Senate Bill 1066. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.

Thank you, Mr. Presidente Ladies and Gentlemen of the Senate. Senate Bill 1066 is amended. It states that -- what is -- pretty much a common practice now in Springfield, Ehat Members of *he General Assenbly or candidates for the General Assembly should no* sollclt funds durin: the last elght Weeks When We're in Sessionr and the week tn Session during the veto period. It also changes the Act frcm the Elections Code lnto the Ethics AaEr and I think everybody probably follows that now . As you know, most of the major groups down here - lobbying groups - do not particlpate. So 45 1 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 I thlnk We're really kind of putting it ln the record on the Ethics Section. So I do ask for your support. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Geo-Karis. SENATOR GEO-KARIS: Sponsor yield for a question? PRESIDING OFFICER: (SENATOR WEAVER) He ëndicates that he would. SENATOR GEO-KARIS: Senator, this only applies to Sangamon County? PRESIDING OFFICER: (SENATOR WEAVER) He couldn't hear you, Senator Geo-Karis. SENATOR GEO-KARIS: This only applies to Sangamon County? PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm. SENATOR KLEMM : Yes, Sangamon County. PRESIDING OFFICER: (SENATOR WEAVER) Other discussion? Senator Welch. SENATOR WELCH: I have a question of the spcnsor. PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield. SENATOR WELCH: Senator Klemm, does this apply tc the party's politlcal action committees such as the Committee to Elect a Republican Senate, Commtttee to Elect a Democratic Senate? Does it apply to them or not? PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm. SENATOR KLEMM: I 46 ' 1  STATE 0P ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Noy lt only just applies to the individual candidates.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.

Well, many of us have had problems with that the past, because what that does is that enccurages all of the political action eommittees that do contribute to contrlbute to one central source and let them - the heads of those eommittees in the House or Senate parcel out the money and require strict party-line votes. So the purpose your bill to enforce party disclpline, as opposed to stop soliciting donations? Because, obviously, what you have now is instead of Senate Members or House Members instead of Senate Members or House Members talking to lobbyists: you have one person: Lhe head of the political committee in the House or the Senate. So , how does this improve anything? It seems to me it concentrates power in the hands of four people.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm .

Well, think the public perception' cbviously, is that individuals are having tbeir fund-raisers and and the public perceives twisting the arms of of lobbylsts who contribute while they 're sitting there voting on important issues, is certainly something that -- is probably to be avoided . This does that. It's 1* really has more affect pclitically than does legally because kt's under the E*hics AcE. IE'S saying yOu shauld not do that. There 's really no penalties, as you know, because we're fearful of the First and Fourteenth Amendments. So, Ehis saying that -- don't do it. I've allowed -- because the two parties - the Democrat and Republican parties may have fund-raisers they have their politieal offices here - sometimes 47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leqislatlve Day MaY 1995 funds come in from fund-raisers that were held even during a period that wedre not in Session or away from Session. The ponies do come in during that period . I felt that was unfair that those checks that came in during those eight weeks could not be deposited. That's the reascn I didn't exclude themr if you Will, because it was almost impossible to doz slnce their offices are located here, generally speaking. Now it doesn't prevent you from having a11 the fund-raisers you want in ycur district. It doesn't prevent anybody from doing that. think this goes away of trying to do codifyr if you willr what is pretty common practice now .

PRESIDING OPFICER: (SENATOR WEAVER) Senator Welch.

Wellr Would you be willing to amend your bill to include the political action committees of the *wo major polltical partles? Then it would make sone sense. Otherwise, what you dc isr every Member here is given tickets to sell on behalf cf the political action committee for your party. meanr this assumes that constituents are -- are stupid, basically. People are not that dumb. People know what's going on. A1l of us say, ''Wellr I'm not sollciting money for myself.'' No, but we lve got tickets to sell for our party. So would you amend it to include those parties?

PRESIDING OFFICER: (SENATOR WEAVER) Sen4tor Klemm.

Yes, I'd be delighted to. have no problem with that at all.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jaeobs.

Thank you, Mr. President and Ladies and Ggntlemen of the Senate. concur With Senator Welch's remarks about putting a11 the power into one hand. But 1et me ask you a question. You 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislattve Day May 3, 1995 stated in your remarks thak it preempts no one from raising funds in their oWn district. Is there an exemption then here for that -- those people representing Sangamon County?

PRESIDING OFFICER: (SENATOR WEAVER) Senatcr Klemm.

They would they would be -- be prevented to do it in Sangamon County.

PRESIDING OFFICER: (SENATOR WEAVER) . Senator Jacobs.

That's my polnt. So -- in fact, I'm surprised to see one of the sponsors on this bill. But what we're saying then, no candidate, nor a -- no Member of the General Assembly, nor a candidate, can ralse any funds in the last two months that We're in Session. So that would prohibit a candidate running from this district from having a fund-raiser for two months. Is that correct?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.

Are you speaking about a candidate running for another office, or are you speaking about a person running for the General Assembly?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

Either someone who is a Member or who is a candidate for State Representative or Sta*e Senator from Sangamon County would be precluded from holding any fund-raisers Springfield for Ehose two months. So therefore, you would, fact, be dlscrlminating against a candidate and/or a Senator in the State of Illinois. 49  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l 42nd Legislative Day May 3, 1995 i

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

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

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

Senator Klemm , does the Gcvernor, With his powersr does he have any say over what happens with legislation that one lobbyist or another lobbyist might be pushing?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm .

I'm sorry. I didn't cakch the flrst parE. Could you repeat it, Senator?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.

I asked you, did -- does the Governor, with his power - veto power, signing bills or whatever - does he have any power over legislation that -- that one lobbyist or another lobbyist might be pushing?

PRESIDING OFFICER: (SENATOR WEAVER) Senatcr Klemm .

Well, I'm not sure what you mean abouE power over lobbyisEs? He has the right to veto a billz amendatorlly veto any b1l1 he uishes, and Ehat's *he constltutlonal rlght he has, as a safeguard to the citizens.

PRESIDING OFFICER: (SENATOR WEAVER) Senakor Hendon. SENATOR HENDON: E I 50  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Okay. So even though he doesn't have a vote in thfs Body, he still has the final say over leglslation. So, does this bill affect the Governor? Can the does the Governor is the Governor now prohibited from having fund-raisers during Session, like you Want to do to us little, poor legislators?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.

No, this legislatton only affects Members of the General Assembly. I'm certainly -- if you wish to put some bills in to prevent any statewide officers doing it, fine. I -- would look at that very, you know, openly. The Governor does -- is not the final vote the final say on a bill. As you know, if he vetoes a bill, we, the General Assembly, have the final action to override. So, he dces not have the final say.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.

But you you do agree that he has influence over legislation. want a1l the Members of -- of the Senate to really take a serious look at this. I'm having a fund-ralser in two weeks, and this passes, then I'm doing something ethically wrong, or -- even though there are no penalties in there, your opponents can then say you're doing something ethically wrong. Also, uhlle you dre out down here and 1'11 use the word 'stuck' down here just *o -- for emphasis - your opponent is back in the county working and raising money to run against you. You can't effectively run a fund-ralser back home, and you're down here. just don't understand how you think wedll be able to do it. You're going to put a11 of our opponents - each and every one of you, if you vote for this - you're going to put your oppcnent in a skronger position to defeat you, because they will be able to 51  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd begislative Day May 3, 1995 raise money with that personal touch back home and you're down here doing the people's bustness and can't raise a dime. Finally: I love my Leader. Emil Jcnes is -- is -- is beautiful, Wonderful person. And I1m sure you all love Pate Philip. But We Would be crazy Eo qive them a1l the power to raise the money and then hold you hcstage, because ycu canît raise any money and they have a11 the money. We should be about: if anything, weakening the power of Ehe Leadershlp so that we can be individuals and do a better job representin: our districts. But we Would be crazy tc give the Leaders al1 the power to raise al1 the money, and then We 've got to go begging to them. And when you vote against them, you know they're gcing to close up the pocketbooks. Emil done told me that a couple of times. know he's going to do it. So I need the ability to rakse my own money so that then I can vote with the Republicans or vote with the Independents or vote wlth whoever I feel is right, based on the legislation and not based on the fact that my Leader got a1l the money and I don't have a dime.

PRESIDING OFFICER: (SENATOR WEAVER) senator Molaro.

Thank you, Mr. President. welcome Rickey Hendon back to our side of the aisle. The other -- the other point I would make and a llttle more serious point you know, seems like sometimes some of my conservative colleagues here feel that government should be out of the affairs of people, except when they feel it's importan: for government to be involved. So, I don't really know What We're trying to do here. However, I think Senator Welch is riqht. If we're going to do it for us, we might as well do it for *hê parties, too. To do that, acEually, 1'11 -- 1'11 turn my tickets back intc Senator Jones for the Democratlc fund-ralser and no* sell them. So this jus: a my way of showing my support. Thank you. 52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995

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

Thank your Mr. Presldent. Yes, 1111 suggest to the sponsor in the House to make that amendment that we talked about. I have no problem with that. Certainlyr to answer the concern of those who feel that your opponent wl11 have fund-raisers back in your district whlle you're here, of course, you can have fund-raisers in your dlstrlct at the same time. There's no problem with that. I think certainly this tries to clear the air of the perception that -- that we're really on the take or we're being paid off. You know al1 of us don't believe that, but lt's perception and sometimes perception is important. And I think this may go a long way to resolve that issue, and I do ask for your support.

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 1066 pass. Those in favor will vote Aye. Opposedr Nay. The voting is open. Have a11 voted who wlsh? Have a1l voted Who wish? Have al1 voted who wlsh? Take the record. On that question, the Ayes are 33, the Nays are 6, 14 voting Present. Senate Bill 1066, having received the constitutional majorkty, is declared passed. Senator Petka, on 1091? WCIA-TV has asked permission to videotape. Is there leave? Leave is granted. For What purpose does Senator Fitzgerald arise?

Point of personal privilege.

PRESIDING OFFICER: (SENATOR WEAVER) State your polnt, sir.

Thank you. Mr. President, Ladies and Gentlemen in the Senate, we have some visitors from my home township, officials from Palatine Townshipr who are behind us in the gallery. Chris I Freeman, Carlotta Fowley Joan Kuhny and Mary Jobst. I'd llke Eo 53  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day MaY 1995 ask that they rlse and that the Senate recognlze them . appreciate them being dawn here.

PRESIDING OFFICER: (SENATOR WEAVER) Wll1 our guests in the gallery please rise? For what purpose does Senator Walsh arise?

Thank you, Mr. President. Today is home schoolers' legislation day, and We've çot a group of home schoolers from my hometawn of LaGrange Park in the President's Gallery. And like to introduce them. Jean Dukes and her children: Benjamin, Lauren, Peter, Joanna and Jennifer. And Jody Norcross and her children: Christian, Noah and Seth. Right in the President's Gallery there. Welcome to Springfield .

PRESIDING OFFICER: (SENATOR WEAVER) Will our guests please rise and be welcomed. Senator Petka, on 10917 Read the bill, Madam Secretary.

Senate Bill 1091. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.

Thank you, Mr. Chairman, Members -- or, Mr. President and Members of the Senate. Senate Bill 1091 creates the Illinois Streetgang and Racketeer Act <sic>. This is an ongoing expansion in the War against streetgang racketeering. What thls does: bastcally, is provide another tool kn the arsenal of prosecutors who have their communities plagued wikh street:an: actlvlty. We have here permitted a prosecutor who has accumulated a number of offenses - five offenses: three which must be felony felony offenses to come under the purview of Ehis rackeEeering law. 54  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 The -- if the indivtdual is convicted of violation of this Act, i then the individual will be -- it will be a Class X felony with twice the mknimum and twlce the maximum terms. A Class -- if the underlying offense is a Class 1 felony and it falls within this Actr lt would become a Class X felony with a mandatory imprisonment of eight to thirty years. There has been an ongoin: effort to try to keep this bill within the constitutional limitations which we have in the federal and State Constitutions. The bill ts not in perfect form yet, and as I indicated to a couple of people who have expressed reservations about this legislation, it is my hope to get this bill out of here, bring lt over to 6he House and contknue the process of adding further amendments to the legislation, so that we can have a bill which ls truly consistent with our Constitution but alsc grants powers to the police and prosecutars to go after the predators on our streets.

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

Thank you, Mr. President. Would you give us -- would the sponsor yield, please?

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

Does your bill give a definiticn of a streetgang?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.

Yesr it's the same definition Which is found under the -- the current Act . PRESIDING OFFICER: (SENATOR WEAVER) ! I 55  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislatlve Day May 3, 1995

How do we -- in ycur mind, would you tell us how you ldentify the streetgang?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.

Unfortunatelyr Senator, don't have the -- the legislation immediately before me# so I'm going to have to try tc go from memory. Okay? But I believe that it Was a an organization with a hierarchy that has a -- basically a criminal purpose.

PRESIDING OFFICER: (SENATOR WEAVER) Senatar Shaw .

Certainlyy to the -- well, one other question. You 're golng to do some additional work on this in the -- or, fine-tune over in the -- try and fine-tune it over the House?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.

Senator, the answer to that is yes, and 1'11 -- and 1$11 tell you why. When we firsk heard khis subcommittee, this was gtven to -- to me to handle through Mayor Daley's Office. When I first read the legislation, had indicated to the gentleman who -- who actually drafted khe leglslation that the bill went further than I was personally -- I felt comfortable to qo in terms of -- of people 's right to freely associate with other people. So, We basically toned this bill down. We restricted lt and took a major step into working into shape so thak we could have a tool Which could be used by police and Prosecutors to gc after streetgang racketeers.

PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? Senator Shaw. 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day Ra# 1995

One final question. On the -- now, racketeering is this dealing with druçs: prostltution? What al1 ls this thls covering here in the bkllr if you remember?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.

I think that the the real reason for this type of legislation, Senator, is this: There are times when there arer for lack of better word, sting operations which are used, where undercover agents basically are working and infiltrating the racketeer -- or, streetgang organizations, where they kncw of criminal conduct or mtseonduct that is ongoing. In that sltuatlonr individuals who have accumulated a number of felony offenses can be basically prosecuted by a -- for more severe penalties, such as if they Were involved in a series of burglaries to further the coffers of the streetgang, that if this was in conjunction with streetgang activity, that they could be prosecuted as Class X felonsy where rlght now a Class 2 felony. PRESTDING OFFICER) (SENATOR WEAVER) Further discussion? Senator Shaw.

One final question. Is there any Wiretapping in this bill? Do you...

PRESIDING OFFICER: (VENATOR WEAVFR) Senator Petka.

Would you just have the gentleman repeat the question?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka. Senator Shaw. Excuse me.

57  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislatlve Day KaY 1995 Is there any authorlzation for wlretapping, as relate to this, in this bill?

PRESIDING OFFICER: (SENATOR WEAVER) Senator petka.

Senator, we have qiven authorization for wiretapping in prior legislation. This bill creates a nPW crime, not a new process.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, Senator Petka, to close.

Mr. Chairmanr belleve the -- Mr. President, believe that the bill has been adequately discussed, and with the proviso that I had during my comments, I Would ask for its adoption.

PRESIDING OFFICER: (SENATOR WEAVER) The questlon is, shall Senate Bill 1091 pass. Those in favor will vote Aye. Oppcsed, Nay. The voting is open. Have al1 voted who Wish? Have all voted whc wish? Take the record. On that question, the Ayes are the Nays are none, voting Present. Senate Bill 1091, having received the constitutional majority, declared passed. Senator Severns, on 10957 Read the blllr Madam Secretary.

Senate Bill 1095. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (EENATOR WEAVER) Senator Severns.

Thank you, Mr. President, Members of the Senate. This -- this bill simply requires that When a Woman receives a mammogram that she's also orally told that breast self-exams are also vital, because mammography is technically good as they are, cannot 58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day MaY 1995 detect one hundred percent of breast cancers. know of no opposition. The Department of Nuclear Safety, particular, was very instrumental in drafting the language. The Cancer Society and the Illinois Radiological Society a11 participated in the drafting, and the language, and I know nc opposition. Will be happy to answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not: the question is, shall Senate Bill 1095 pass. Those favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. Senate Bill 1095, having received the constitutional majcrity, is declared passed.

PRESIDING OFFICER: (SENATOR WATSON) We have some special guests with us, and I would like to take this opportunity to thank the Regional Commerce and Growth Association for sponsoring the softball game last night. And they're with us here. The Regional Commerce and Growth Associatlonr I belleve for the last four years - is that rlght? for the last four years has sponsored our annual Senate-House Softball Game and have done an outsEanding job of revitalizing that in the name of Pete Miller, of course, Who -- that's the -- former State Senator Pete Miller, in which the game is named for. We have been very successful here in the Senater since they have Eaken this game over, having won three and not lost but tied one year unforEunately Eied. But we'd like to have a1l the team nembers come up here, We -- we want to :et a picture and we want to have a preseneatlon, and Steve Hoven, who is a very good friend and a member of the RCGA and part of their staffr has was the one who really originated Ehe RCGA 'S parElcipation in this. Dick Fleming, Who is the president and CEO, who was with us last night, unfortunately can't be here today, but Steve has some 59  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day MaY 1995 members of the RCGA here with -- With him now that like to have him introduce.

(Remarks by Steve Hoven)

PRESIGING OFFICER: (SENATOR WATSON) We want to also thank Bill Jardine. Bill Jardine 's the guy on - - on site here that does a lot of the work in regard to making this a success. And Bill, I believe, ls in the back and has the -- okay, here we go. Is John where's John Cullerton? right. John's a cocaptain and unfortunately -- a1l right. Here we go. Absolutely. Senator Geo-Karis, for what purpose dc you rise?

Mr. Presldent, on a point of personal privilege. I would like to state that Senator Jimmy DeLeo and I were the ccmmentators in that ball game, and Jimmy finally remembered that he's a Senate Member instead of a House Member and was very helpful. And IId like to mention that the Members of the team were Brad Burzynski; James Clayborne, Who 's considered a free agent; John Cullerton, the cocaptain;Miguel de1 Valle, who did a gocd job catching - he didn't drop as many balls as the House catcher did; Vince Demuzio, who is the redshirted -- he's redshirted till next year - he didn't play; and Jesus ''Tweets'' Garciar who is the Most Valuable Player - and is up there - this year; Carl Hawkinson: who out pitched himself beautifully 15 to 5 and last -- and was last year's Most Valuable Player; and Rickey Hendony who did very wellr because this is one time his legs moved faster than his mouth; and Chris Lauzen, who -- was a good catcher and started a rally after two outs where We got more runs in . And Lauzen is so conservatkve . He forgot his conservatlsm and was really liberal in the way he played: very uell. And, Bob Molaro, the former Most Valuable Player, and he dld drop a ball, but then he found out he couldn 't 60  i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 last if he lost h1s balls. So he did a very good job. And -- and Ed Petka - Ed Fetka - one of our dependable Members. George Shadid -- Shadid didn't play, but he was there to coach. Shadid. I've got it straight, Shadid. Don't worry ab. out it. Vou went to Lebanon a few weeks ago while we stayed here and suffered. Todd Sieben, who also started a rally and caught very well. And Dave Syverson, by golly, he dtd a good job. You'd never know that thls kid from Rockford could play so well. He did a good job at first base. And Tommy Walsh, the rookie of the year, he came through royally for us. Prank Watson, the cocaptain and coach. You know, the coach got a bunch of misfits together and made 'em real gocd baseball players. And we are very grateful to the Regional Commerce and Growth Association of St. Louis and to Dick Fleming, Jo Ann Minks, Senator Watson's secretary, who worked with Staceyr I believe her name was, together with Bill Jardine. And a11 I can say is being in the House and Senate for almost twenty-three yearsr it's a pleasure to see the Senate baseball team show the House what's what. Our team is older, but they have maturity and more experience, and they didn't drop their balls as much as the House did. Congratulations.

Mr. President. Senator Senator Watson and team, I thought it would only be appropriate that proper tribute also be made to the last speaker, the announcer on -- on our sider Adeline Geo-Karis. Comparisons and likenesses have been made and drawn between Senator Geo-Karis and a -- another durable, venerable announcer first famous in St. Louis and now for the last twenty plus years in Chieagor b0th on the SouEh Side and Ehe NorEh Side, one Harry Caray. think the -- think the comparisan extends to - - to -- maybe to the Eact that what they sometlmes miss ln the finer poinbs of play, they make up in enthusiasm and loquaciousness. And -- and, Adeline, here's to you for the job 61  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislatlve Day May 3, 1995 that you 've done bringing success to our Senate team now for many years.

PRESIDING OFFICER: (SENATOR WATSON) We are on page 9 of the Calendar. Senate Bill 1097. Senator Syverson? Oh, be: your pardon. Severns. Excuse me. Senator Severns. Madam Secretaryr please read the bill.

Senate Bill 1097. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR WATSON) Senator Severns.

Thank you, Presldent and wtnning coach. This -- this bill an idea that actually came from a young woman my district, but it's an idea that Governor Tommy Thompson in Wisconsin and subsequently, Iowa, Michigan, Vermont, Florlda have tried . It provides for a two-year pilot program for two demonstration projects the State of Illinois to establish self-sufficiency accounts for AFDC recipients. The goal is that that recipient can build up a small account. The figure that was arrived at, in consultatton with the Department of publtc Aid, was fkve thcusand dcllars, so that they can gain the resources that are necessary to - - to become independent and break the welfare roll. The committee was good enough to pass it out unanimouslyr and I -- I know of no opposition and would appreciate favorable ccnsideration.

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

Wellr thank your Mr. President. I just rise in support of this. I think this is a good idea. We try tc encourage everyone 62  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 42nd Legislative Day May 3, 1995 in thls country to save and, ln actualtty, our AFDC recipients are penallzed. If they have any type of savlngs account, they lose their benefits. And think this is a good idea, and I hope We can pass

PRESIDING OFFICER: (SENATOR WATSON) Furkher dlscusslon? Seeing none, *he question is, shall Senate Bill 1097 pass. A1l those tn favor, vote Aye. Opposed, vote No. The voting is open. Have all vcted who Wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. 0n that questiony there are 57 voting Yes, no votln: Nor no vcting Present. Senate Bill 1097, having received the required constitutional majority, is declared passed. Senate Bill 1106. Senaeor Weaver. Senator Weaver on the Floor? Out of the record. Senate Bill 1107. Senator Weaver. of the record. Senate Bill 1124. fenator Philip? Out of the record. Page l0. Senate Bill 1129. Senator Dillard. Senator Dlllard on the Floor? Out of the record. Senate Bill 1133. Senator Rauschenberger? Out af the record. Senate Bill 1173. Senator Jones? Senator Jones? Madam Secretary, please read the bill.

Senate Bill 1173. (Secretary reads title cf bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones. SENATOR JONESZ Thank you, Mr. President. Senate Bill 1173 amends the Juvenlle Court Act and requires that a mlnor that has been adjudged a habitual offender or of a violent crlme must receive mandatory supervised release equivalent to that a supervised release for an adult. And the purpose of this is that many minors who are have been adjudicated as a offendery they should 63  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 receive supervision after they are released so that they cannot be repeaters. If we're going to save these youngsters, We cannot just turn them loose wlthout supervision. Thatss the thrust of the bill, and I know of no opposition and a$k for a favorable vote.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 1173 pass. Those in favcr, vote Aye. Opposed, vote No. The votlng is open. Have al1 voted who wish? Have a11 voted who wish? Have a11 voted who Wish? Take the record. On that question, there are 58 voting Yes, no voting Nc, no voting Present. Senate Bill 1173, having received the required constitutlonal majority, ls declared passed. Senate Bill 1186. Senator Phillp? Madam Secretary, please read th9 bill.

Senate Bill 1186. (secretary reads title of bill) 3rd Reading of Ehe bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Phllip.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1186, quite frankly, amends the Aeronautics Act. It ls a vehicle. Hopefully, sometime during the next three weeks, we will come to some kind of canclusion on airport authority. It would be my intention of posstbly using this bill. Happy Eo answer any questions and like to see a feW green votes up there.

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

Thank you/ Mr. President. This bill is not going to qo across to the Chamber and come back with a 747 on it, is i*? 64  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3. 1995

PRESIDING OFFICER: (SENATOR WATSON) Senator Phllip.

Gee, I'd like to have it ccme back with a sky bus.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Jones. ;ENATOR JONES: Well, being that we don't really know what's goin: to be in the -- in the bill, I would suggest to the Members on this side of the aisle, either vote No or Present, tilk we actually know whatls in the bill.

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

Yes. This is a shell bill. Hopefully we're going to work out some kind of a compromise. You certainly Will have a full hearin: before we finally vote on and I'd like to see a 1ot of green vokes up there.

PRESIDING OFFICER: (SENATOR WATSON) The question lsr shall 1186 pass. A11 those in favor, vote Aye. Opposed, vote No. The voting is open. Have al1 voted who wlsh? Have al1 voted Who wish? Have a11 voted who wish? Have al1 vcted who wish? Take the record. On that question, there are 31 votlng Yes, 2 voting No, 23 voting Present. Senate Bill 1186, having received the required constitutional majority, is declared passed. Senator Jones, for wha: purpose do you rise?

I hate to do this, Mr. Presidenty but T requesE a verification.

PRESIDING OFFICER: (SENATOR WATSOK) Senator Jones has requested a verification. Nowr will al1 the Senators please be in their seats. And Madam Secretary will read 65  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3: 1995 the afflrmaeive votes.

The following Members voted in the affirmative: Barkhausen, Burzynski, Butler, Cronin, DeAngelis, Donahue, Dudycz, Ralph Dunn, Thomas Dunn, Fawellr Fitzgeraldr Geo-Karis, Hasara, Hawkinsone Hendon, Rarpiel, Klemm, Lauzen, Mahar, Maieland, O 'Malleyy Parker, Peterson, Petka, Raica, Rauschenberger, Syversony Walshy Watson, Woodyardy and Mr. President.

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

Senator Dunn?

PRESIDING OPFICER: (SENATOR WATSON) Senator Tom Dunn.

Ralph Dunn.

PRESIDING OFFICER: (SENATOR WATSON) Oh: I beg your pardon. Senator Ralph Dunn. He's right here.

Senator Syverson.

PRESIDING OFFICER: (SENATOR WATSON) He's in the aisle.

Senator Raica.

PRESIDING OFFICER: (SENATOR WATSON) Senator Raica? Back in the door.

Senator Hawkinson.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson's in the aisle.

Senator FiEzgerald. 66  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 1995

PRESIDING OFFICER: (SENATOR WATSON) Senator Pitzgerald? In the -- he's here.

Very difficult when they aren't in their seat. T'm just looking at the seat.

PRESIDING OFPICER: (SENATOR WATSON) I understand. We try to encourage the Members to be tn thelr seat.

Senator Madigan.

PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan? He's not recorded as votlng.

Senator Hendon.

PRESIDING OFFICER: (SENATOR WATSON) He is in his seat, Senator Jones.

No further challenge.

PRESIDING OFFICER: (SENATOR WATSON) Thank you. On the verified roll call, the Ayes are 3l, the Nays are 23 voting Present. Senate Bill 1186, having received the required constitutional majority, is declared passed. Senate Bill 1191. Senator O 'Ma1ley. Madam Secretaryy please read the bill.

Senate Bill 1191. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President and Members of the Senate. Senate 67  I STATE OF TLLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l 42ndLegislativeDay Maya: z99s Bill 1191 amends the Mine Subsidence Article of the Insurance Code to provide that the Mine Subsidence Insurance Fund shall establish deductlbles and retention, in addition to rates, rating schedules and minimum premiums. It further provides that beginning January 1, 1996, the anount of reinsurance available from the Fund shall be nct less than two hundred thousand dollars per residence, two hundred thousand dollars per commercial building, or fifteen thousand dollars per living unit. Further provldes thak no insurer shall be required to offer mine subsidence coverage in excess of the reinsured limlts. IId be happy to answer any questions there may be. PRESIDING OFFICER: (SENATOR WATSON) Is Ehere any diseussion? Any discussion? If not, the question is, shall Senate Bill 1191 pass. Al1 those in favor, vote Aye. Opposedv vote No. The votlns is open. Have a11 voted who wlsh? Have all voted who Nish? Have all voted who wish? Take the record. On that question, there are 58 voting Yes, no voting Nor no voting Present. Senate Bill 1191, having recgived the required constltutional majority: is declared passed. Senate Bill 1195. Senator Garcla. ACTING SECRETARY HAWKER : Senate Bill 1195... PRESIDING OFFICER: (SENATOR WATSON) Madam Secretary; please read the bill. ACTING SECRETARY HAWKER ; senate Bill 1195. (secretary reads title of btll) 3rd Readlng of the bill. PRESIDING OFFICER; (SENATOR WATSON) Senator Garcia. SENATOR GARCIA: Thank you, Mr. President. This bill is permissive legislation 68 k . y '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislatlve Day May 3, 1995 that allows the Department of Public Aid by October the lst of 1996, subject to approprlation, to conduct a twc-year family self-sufficiency contract pilot program an administrative districk in the City of Chlcago and in a downstaEe county to require all AFDC recipients who have not obtained a high school diplcma or equivalency certificate and Who are at least between the ages of nineteen and twenty-five years of age neqotiate a written family self-sufficiency contract with Public Aid, outlining the obligations of the Department and the recipient under the contract. It targets the most likely publlc assistance dependents. This bill places the requirement for self-sufficiency on the Department of Public Aid and the client. The bill targets an AFDC population not covered in other Welfare reform bills in this Sesston. It passed out of committee by an 11 to 0 vote, and currently the States of Iowa and Wisconsin are doing similar things. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, the question is, shall Senate Bill 1195 pass. A11 those in favorr vote Aye. Opposed, vote No . The voting is open. Have a1l voted Who wish? Have all voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 55 voting Yes, 2 vottng No, no voting Present. Senate Bill 1195, having recelved the requlred constitutional majority, is declared passed. Senate Bill 1205. Senator Barkhausen. Out of the record. Senate Bill 1206. Senator Barkhausen? Madam Secretary, please read the bill.

Senate Bill 1206. (Secretary reads kitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Barkhausen. 69  STATE OF ILLINOiS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 SENATOR BAREHAUSEN; Thank you, Mr. President and Members. Senate Bill 1206 amends the Unenployment Insurance Act in two respects: to clarify that loan closing agents for title lnsurance companies and then, separately, real estate appraisers are to be deemed independent contractors for purposes of the Act. The Department of Employment Security has -- is not opposing the bill and helped us with some of its technical provisions. I'd be glad Eo answer your questions and would otherwise ask for your support.

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

Thank you, Mr. President. rise in opposition to this billr essentially because it amends the Unemployment Insuranee Act something that traditionally we've had the agreed process consider khen undertaklng these types of changes. Ltke to point out that organlzed labor is also opposed to the billr and I'd urge a No vote. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Further dlscussion? Further discussion? Seeing noner Senator Barkhausen, to close.

I would just emphasize, Mr. Presidenb, khat these are fairly mlnor technical changes affecting only, again, loan closing agents for tiEle insurance companies and real estate appraisers - obviously a very small percentage of the workforce and tndividuals whom, it's fair to say, are already working today as what would generallg be regarded as independent contractors. This clarifies their statusy and I again ask for your supporE.

PRESIDING OFFICER: (SENATOR WATSON) The quesEion is, shall Senate Bill 1206 pass. thcse favor, vote Aye. Opposed, vote No. The voting is open. Have a1l 70  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day MaY 1995 voted whc wlsh? Have all voted who wish? Have all voEed who wish? Take the record. On Ehat question, there are 34 voeing Yes, 20 voting Noy 3 voting Present. Senate Bill 1206, having received the required constitutional majority, is declared passed. Senate Bill 1208. Senator Fitzqerald? Madam Secretary, please read th8 bill.

Senake Bill 1208. (Secretary reads title of bill) 3rd Readln: of the bill.

PRESIDING OPFICER: (SENATOR WATSON) Senator Fitzgerald .

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1208 ls an initiative of the Secretary of Statefs Officer whlch, as you know, regulates the securities industry in the State of Illinois. This package has been worked on, With a1l sorts of interest qroups having icput, and all of them have signed off on including the Securities Industry Association, the Chicago Stock Exchange, Chicagc Board of Trade, Investment Company Instltute and so forth. And what the bill does is it adds language tbat would close existlng gaps in our existing regulations of the securities industry. It would provide for regulation of so-called ''business opportunities''. It would also provlde fcr reçulation of the sale of an entire business by regulating business brokers. Right now, security sales are regulated the State, but someone sells an entire business throuqh a through a business broker, there is no -- no way to regulate business brokers. Also, it would close a loophole that allows loan brokers to escape regulation, and these loan brokers have been perpetrating a lOt of frauds throughout the State. Alsoy there ks an amendmenk that Senator Carroll proposed and was adopted unanimously in committee: 71  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day MaY 1995 whereby the securities dealers' llcenses of those who fail to pay child support would be revoked. And that would make our current 1aw on revoking professlonal licenses and now securities license - - securities dealers' licenses for failure to pay child support very complete. And I'd certainly appreciate a favorable vote. 1* passed out of committee unanimouslyv and it has been signed off by a11 relative -- a11 lnterested parties. Thank you.

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

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

PRESIDING OFFICER: (SENATOR WATSON) The sponsor indicates he will yield, Senator Severns.

Senator, as you knowr Ne have filed an amendment cn this bill, and I Would hope that you Would consider taking this bill out of the record until we can get the amendment on. You 're quoted the Sun Times this morning as being concerned about the same thing that -- that many of us in this Chamber are concerned about, and thatfs the -- the hotel deal that -- that we don't agree with. It's the amendment would try to brin: or put the brakes on Ehat deal, and I would hope that you would take thls bill out of the record, rather than 1et this bill proceed forward, so that We could try to put the brakes on a bad deal for Illinois taxpayers.

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

Thank you, Mr. President. rise on a point of personal privileger and I apolagize.

PRESIDING OFFICER: (SENATOR WATSON) 72  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leqislattve Day May 3, 1995 Please state your point.

Well, on behalf of Senator Maitland and Senator Watson, we have a group in the gallery that I'd like Eo introduce from Saunemin and I'm not pronouncing that right, I know - Elementary School, with the teacher, Kate Williams, and a friend of our President at the moment, Mike Stoecklin. Would you please rise and be recognized?

PRESIDING OFFICER: (SENATOR WATSON) Certainly good to have you with us. Good to see you, Mike. Further discussion? Senator Welch. beg your pardon. Senator Severns.

Yes. Thank you, Mr. President. That wasy in factr a question, Senator. am very serious. I've discussed this matter with ycu, and I thlnk that ycu are concerned, at least based on comments quoted in the newspapers by you today, think many of us share the concern on b0th sides of the aisle. It's an attempt to try to put the brakes on a bad deal, and I would hope that you would not move this bl1l today so we can get the -- the amendment On .

PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald.

Senator Spverns, I totally agree with your concerns about the hotel deal and everything that has happened there, and I am interested in putting the brakes on it. And I wculd be happy to work wlth you. Wkth respect to the partkcular amendment that you - - prcposey certainly I'd like to discuss that and maybe on another bill though, but I have checked with the Secretary of State. This -- this particular bill Was worked on by -- like flfteen or twenty different parties over the course of several 73  STAYZ OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 years, and I would ask your indulgence to allow this bill to proceed and not get mixed up in that other issue - which, I agree: have a very valid concernr and I will be the first to work with you in -- tn addressing your concerns about thgt hotel deal. I would simply ask that this bill: which is a very good bill and has been worked on for several years by several people, not be held hostage to -- to that particular... Maybe we can find another vehicle for your amendment, and I I'd be happy to work with you on that.

PRESIDING OFFICER: (SENATOR WATSON) Senator Severns.

Thank your Mr. President. Senatorr we filed this amendment on another bill, in and trying to work with the Leaders of the Rules Committee, Who asked us to find another bill. This in fact, germane. You said let's not hold hostage. Well, I would submit to you that the taxpayers of Illinois are being held hostage by a deal that would fleece them thirty million dollars. Now, you said you're concerned about itr and I believe that you are. Instead of delaying can't think of anythlng mcre lmportant, as we sit here in this Chamber and try to figure out priorities, whether or not we're going to let a handful of individuals in this State reneqe on a deal that required them to pay back thirty million dollars. They Were supposed to pay back forty. They're getting for ten. That's Wrcng. This is an opportunity to stop it, Senator.

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

I have a question of the sponsor.

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he will yteld, Senator Welch. 74  ! ! STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslative Day May 3, 1995 I SENATOR WELCH: Senator Fitzgeraldy did you say there is an amendment on there that says lf a parent doesntt pay child support, doesn't pay h1s debt, they can have their license revokedy their franchise revoked by *he Secretary of State for not payin: a debt? PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald. SENATOR FITZGERALD: Absolutely. PRESIDING OFFICER: (SENATOR WATSON) Senator Welch. SENATOR WELCH: So if ycu're a little guy Who owes a few hundred dollars, the Secretary of State ls really concerned abcut taking your corporate license away, your corporate franchise away. He can go in there and jump on yau with both feet. The Secretary of State didn't work on that amendmenty because I was in the commlttee and that was a complete surprise to them. So, Senator Fitzgerald, when you say you Worked on this for three years - the Secretary af State did - number oae, that amendment Was Worked on for about a week. Number two, fifty-five of the fifty-nine Members in this Chamber don't know what the hell is in this bill and probably do not care. So when you say that this is an extremely important bill - I'm sertous - nobody knows what's in this bill. I'm a lawyer; I'm nct sure what's in the bill, and I was in the committee. This blll could be pu* on any vehicle, and you guys have passed trailer truckloads of vehicles that this could be amended onto, Senator. So, seriously, if we are goinq to try to stop the handing away of assets from *he Sta*e of Illinois Eo rich, well-connec*ed, corporate owners, such as own these tWo hotels in the State of Illinois, now is the time to do it. Welve got a provision in here the Secretary of State agreed to: to jump on the little guy who 75 ' 1 . !  STATZ dè ILLCkUIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 l doesn't pay a feW hundred dollars in child support. What about l jumping on the guy Who owes fifteen to thirty million dollars to the State of Illinois? You knowr you're -- you're also saying that the Secretary of State probably hasn't looked into this yet. He may not have, but he certainly should. The Attorney General says we should take a look at it. Senator Fitzgerald, you have said we have -- we should take a look at it. Now is *he time. There's only a few days left. This is much more important than some boilerplate bill that talks about franchisesr corporate licenses, that nobody knows; that if it passes or goes into law, nobody will know . This is what's important. This is what we should be focusing on, is this amendment. Senator Fitzqerald, I urge you that -- to take thls bill out of the record, move it back to 2nd Reading. Let's at least debate the amendment. It may not pass. Let's debate the amendment before it goes on the bill. We've got two days left. I think that it's only fair that we do that. Thank you.

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

Mr. President and Ladies and Gentlemen of the Senate, I felt constrained to respondz but now I have tc . There's *wo allegations made by two of my colleagues on the other side: Why are we forgiving thirty million dollars, where it's the fat caks' bills and sc forthy in the hotels? Let me remind my colleaçues on Ehe other side Ehat a former S*ate Treasurer waived a11 the guarantees on those mortgages, permitted the junior mortgaçes to be paid firs: before Ehe State flrst mortgage was paid and waived a11 guarantees. So, let's not be so quick to attack by innuendo the present State Treasurer whose hands were tied by a former State Treasurer who made very, very poor judgment in al1 the waivers he gave. 76  ï STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANECRIPT 42nd Leglslative Day May 3, 1995

PRESIDING OFFICER: (GENATOR WATSON) T'd like to remind the Body thae -- to maintaln eheir commenes to the legislation before us. Senator Dudycz.

Thank you, Mr. President. I -- I -- my remarks will be brief, and they won't be t? the contents of the bill. I'd just like to - - like to respond to the edktorial commenE by my good frlendr Senator Pat Welch. Senator Welch, you knowr if if you don 't read the bills or read the amendments, that's your right not to, but for you to stand here and say there's fif*g-three Members of the Senate that are not paylng attentlon to what they're votlng on, is is a disservice to the office and a insult to every Member of this Body. I assure you those Members on both sides of the alsle that I am familiar w1th do as much as they can; research and reading and being briefed by the -- by the staff on the contents of the amendments - all the amendments - and a11 the bills that We are vcting on. Now you Wish to -- to tell the Body that you don't read the amendments, that's your right, but please don't -- don't just generalize and say that fifty-three of your colleagues don't read the amendments or the bills. And would just appreciate, Mr. -- Mr. President, if -- if a1l the Members here would just keep their comments to the bill, noe to the amendmenk, whlch already has been adopted.

PRESIDING OFFICER: (SENATOR WATSON) Thank you: Senator. Further dlscussion? Senator Jacobs.

Thank your Mr. President: Ladies and Gentlemen of the Senate. Not a question: but a statement. First of allr 1et me concur with Sena*or Geo-Karis. This is a deal that ts -- on the amendment, that this is the last bill We can put it out on, it ls my understanding. So we need to -- to ensure that we protecE the interests of the public. I agree with Senator Geo-Karis that this 77  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 42nd Legislative Day May 3, 1995 is an ongoin: problem. There were a number of deals that were made. I think this Body ought to have the opportunity to see What those past deals may have been and to be able to review those issues and to ensure that we get somethlng moving ln this . legislative Body . I think it's fair to your Treasurer, who I think is making an honest attempt to clean up a bad deal, but she has been left out there to dry by al1 other constitutional officers. Nobody else knows what the hell is goin: on. Now, if you want to believe that, 1'11 sell you a pig in a poke. 'Cause somebody 's got ta know what's going on. Someone's got to know what these past deals were. I thlnk that that -- the citizens of this State are entitled to know that, and I would also request that you pull this out of the record so this amendment can be heard, be alred publiclyr to protect your Treasurer, as well as to protect the integrity of the State of Illinois. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? Senator Welch, for a second Elme. SENATOR WELCH: Yes, Mr. President. Well, since I was referred to by two separate Senators, I'd like to respond to that. First of all, Mayor Dudycz, that's -- that's really self-servingr to say that everybody has read thls bill. They havendt. You know that, and I know that. So, let's lay that to rest. Senator Geo-Karis, I don't think Treasurer Cosentino made a wise decision either. The question isn't that the Democrats were smart and the Republicans werendt. Thig was a bad situation a1l the Way around. And I -- I think it was a bad deal. But I think the real issue is why not le* the sun shtne on thfs and 1et us see, number one, WhaE Ehe deal was; secondly, let us see who these eighty members of this secret land trust are that have the hotel; and third, why don't we do somethinq to make sure that individuals who benefit frcm the 78 . l  STAYE OF ILLINUi; 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legtslative Day May 3, 1995 Stater such as by having State contracts, such as by having riverboat licenses, make sure that they pay their debts first? We're real concerned about this bill and making deadbeat parents pay their bills, but when we have hotel owners with hotels that are worEh millions and millions of dollars not payin: their debts, that's Wrong. And I think that we should vote No on thls bill to send that message.

PRESIDING OFFICER: (SENATOR WATSON) Further -- further discusslon? Senator Severns, for a second time.

Thank you, Mr. President. I apclogize for standing again, but, Senator Fltzgerald, this is the oppcrtunity that we have before us, before the Senate, to try to put the brakes on a bad deal. I have tremendous respect - always have - for -- for the current Treasurer, but I happen ta be in firm disagreement on this deal. It was bad at the beginning, but it's bad today. The Constitution of Illinois says the Treasurer, in accordance with law, shall be responsible for the safekeeptng and investment of monies and securities deposited with him, and for their disbursement upon the order of the Comptroller. I submit that this deal is in violation of the constitutional authority provided the Treasurer. Let us put the brakes on this deal, something that I would submit that none of -- none of us in this Body like, and 1et us do it today with this bill. Please withdraw your bill *oday so this amendmen: can go on. Thank you, Mr. president and Members of the Senate.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? If not, Senator Fitzgerald, to close. SENATOR FITZGERALD: ' First of all, I wanE to respond to Senator geverns, Eenator i 79 ( ''  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 ! Welch and Senator Jacobs. I totally agree w1th you that the State must do everything it can to pursue those fat-cat borrowers on those hotel loans. What I would tell you, however, after having reviewed the loan documents and having reviewed your amendment, which would retroactively just deed the property to the State, that I don't think that that's going to be a vehicle that would work. And there are other Ways to go about it; for example, the Uncollected State Claims Act requires the Attorney General to certify thak that debt is uncollectable before it can be waived. I would submit to you that we have other avenues to stop that hotel deal. And let's pursue those. I will work with you . I will do everythin: I can Eo pursue Ehose people to Ehe far ends of *he earth and forever, until that debt is paid, now -- just as we have a bill here to make sure that -- that deadbeat dads pay their child support. But this is an important blll for the Secretary of State's Office. It is a comprehensive enactment of -- of laws which will help the Secretary of State prevent frauds and scams that have been occurring throughout the State, where unwitting people have been -- had -- had been fleeced by unscrupulaus loan brokers and business brokers. It fills gaps in our securities laws. It's been worked on for years by as many as fifteen interesEed parties. And, Senator, I would ask that -- that you not hold this bill hostage to your legitimate concern, because I will be the first to work with you to collect those debts that are owed this State. And so, a11 of you, I'd appreclate your support. This is a very good bill. It should not be held hostage to an unrelated lssue. I'd appreciate your favorable support. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 1208 pass. A11 those in favorr vote Aye. Opposed, vote No. The voting is open. Have a11 voted Who wish? Have all voted Who Wish? Have all voted who 80 . l  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislatlve Day May 3, 1995 wish? Have a11 voted who wish? Take the record . On that question, there are 32 voting Yes, 18 voting No, 8 voting Presenk. 1 Senate Bill 1208, having received the required constitutional i majority, is declared passed. Senator O'Daniel, for what purpose do you rise?

Thank you, Mr. President. Point of personal privilege. Here beside me I have one -- I have my son-in-law, Mr. Ed Fisherr and I want my colleagues to be aware that he's a trial lawyer and wedre still speaking. You knowr a lot -- a 1ot of my colleagues have asked me, saidr I'HOW do -- how do you talk to your -- yaur son-in-law who's a trial lawyer the way youfve been votinq?'' I told them, I said, ''We1l, I made enough sacrifice when I let h1m have my daughter.'' So he and 1, we have a good understanding and we get along great. And so I'm really pleased bo have him herer but I do want al1 of my -- and especially my Leader to know that he and I still have a good relationship .

PRESIDING OFFICER: (SENATOR WATSON) Very good, and Welcome. Senator Ralph Dunn, for what purpose do you rise?

Thank you. Matter of personal privilege.

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

The gentleman Ehae qena*or O 'Daniel is Ealking about is my constituent. He knows how I've voted. He came over and shook hands with me, so I feel pretty good about thaty tco. Good friend. Glad to have you on board, Ed. Glad to have you here. Thank you. 1 PRESIDING OFFICER: (SENATOR WATSON) i Senator Garcia, for what purpose do ycu rise? 81 . .y '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslative Day May 3, 1995

Por a point of perscnal privilege.

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

Qhank you. Mr. President and fellow Members of the Senate, would like to take this opportunity to invite you tomorrow at about noon in the Rotunda for a Cinco de Mayc celebration. You may have noticed at your local watering hole that they've got a sale going on on Mexican beer. Well, tomorrow you can celebrate with us, you bring your lunch out to the Rctunda. We wil1 have mariachi music. I know that Senators Farley and Weaver are particularly fond of it, but everyone ls invited. There's going to be Mexican folkloric dancin: also and some additional entertainment. Thank yau.

PRESIDING OFFICER: (SENATOR WATSON) O1e! With leave of the Body, we are going to go to page 3 and start back through Senate Bills 3rd Reading. That's on page And with leave of the Bady, We hold Senate Bill 7. Sponsor's in a meeting. We'd like to have leave to come back to that at a later time. Senator Cronin, on Senate Bill l5. Madam Secretaryr please read the bill.

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

PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is vehicle bill. We've been working very diligently, bu* we havenlt come to any conclusion yet. So I would like to ask the 82  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leqlslative Day May 3, 1995 Body to support this vehicle and move it over to the Hcuse, and we will continue to work diligently together. And I ask for your favorable consideratlon.

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

Yeah. Thank you very much. Is this the vehicle for the agreed btll process, or is...

PRESIDTNG OFFICER: (SENATOR WATSON) Senator Cronin.

Well, there -- there Will be agreement when we finally come up with a bill, but it may be a different process than than what you're familiar With.

PRESIDING OFPICER: (SENATOR WATSON) Senator Jones.

Welly the agreement ls -- is between whom? And since you capitulated on that question and everything, think it's best that We Who are concerned with the agreed bill process, until we see what's really going to come out of this, suggest that the Members on this side and that side vote Present.

PRESIDING OFFICER: (SENATOR WATSON) Further discusslon? Further discussion? Senator Cronin, to close.

Just ask for your favorable vote. Thank you.

The questlon is, shall Senate Bill 15 pass. A1l those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Rave voted whc wish? Have all voted Who wish? Take the record. On that question, there are 32 votinq 83  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslative Day May 3, 1995 Yes, 8 votlng No, 17 voting Present. Senate Bill l5, having received the required constitutional majority, declared passed. Senate Bill 16. Senator Karpiel? Do you wlsh thak called? Madam Secretary, please read the bill.

Senate Bill 16. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel.

Thank your Mr. Presldent. This another vehicle bill, although -- it's an educatton vehicle. I have no -- no plans for it whatsoever. I've heard of no plans for it in the Hcuse. I think it's just good to have these vehicles out there when they may be needed toward the end of Session.

PRESIDING OFFICER: (SENATOR WATSON) Is there any dlscussion? Any discusslcn? If not, the question is, shall Senate Bill 16 pass. Al1 those in favcr, vote Aye. Opposed, vote Nc. The voting is open. Have all voted who wish? Have a1l voted who wish? Have voted who Wish? Take the record. On that questionz there are 29 voting Yesr 10 voting No, 18 voting Present. Senate Bill l6, having not received the required constitutional majority, is declared failed. Senate Bill 18. Senator O'Malley? Out of the record. Senate Bill 2l. Senator Butler? Madam Secretary, please read the bill.

Senate Bill 2l. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR WATSON) Senakor Bueler. 84  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995

Thank you very much, Mr. President. Ladies and Gentlemen, Senate Bill 21 a -- is a shell bill for public -- public labor I have trouble With that - public labor relations, and I wculd like to have -- as has been said, we'd like to have this vehicle bill out there.

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

Thank youp Mr. President. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield, Senator Garcia .

Senator Butler, this, if I'm not mistaken, amends the Labor Relations Act. If that's the case, can you give us an idea of what you intend to do W1th this bill?

PRESIDING OFFICER: (SENATOR WATSON) Senator Butler.

Senator, as said, this is a vehicle bill. It's -- it's a shell right now. I can't tell you what might or might not be in

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

ask for a favorable vote.

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 21 pass. A1l those in favor, vote Aye. Opposed: Vote No. The voting is open. Have all vo*ed who wish? Have a11 voted who wish? Have all voted who 85  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 wish? Take the record. On that questionr there are 30 voting Yes, 21 voting Nc, 6 votlng Present. Senate Bi1l having received the required constltutlonal majcrity, is declared passed. Senatoç Garcia, for Nhat purpose do you rise?

Like to move for verification of the roll call.

PRESIDING OFPICER: (SENATOR WATSON) Senator Garcta has moved for verification. Wtl1 al1 Senators please be ln their seats? Madam Secretary, will you please read the affirmative votes?

The followlng Members voted in the affirmative: Barkhausenr Burzynski, Butler, Cronin, DeAngelis, Dcnahue, Dudycz, Ralph Dunn, Fawell, Fitzgeraldr Geo-Earis, Hasara' Karpiel, Klemmr Lauzen, Madiganw Mahar, Maitland, O'Malley, Parker: Peterson, Petka, Raica, Rauschenberger, Sleben, Syversony Walshy Watson, Weavery and Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Senator Garcta , do you...

Senator Dudycz? Is right there.

PRESIDING OFFICER: (SENATOR WATSON) Right in the aisle.

Senator Hasara?

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara? Senator Hasara? Remove her.

No further questionsr Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) She just -- she just walked in, Senator Garcia. Please pu* her back on the roll. On a verified roll cal1... 86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day ëa# 1995

Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Oh, beg your pardon. Do you -- do you questicn the presence of...

Senator Syverson?

PRESIDING OFFICER: (SENATOR WATSON) Oh, excuse me. Senator Syverson?

Senator Fawell?

PRESIDING OFFICER: (SENATOR WATSON) She's in the phone bcoth.

Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) On a verified roll call, the Ayes are 30 Yes, 21 voting No, 2 - - 6 votlng Present. Senate Bill 21r havlng received the required constitutional majority, is declared passed. Senate Bill 8l. Senator Petka? Senator Petka, we when you were off the Floor, we had leave to go back to Senate Bill you would -- if you would wish, Senator. Senator Petka . Senator Petka?

Thank you very muchr Mr. President. Senate Amendment No...

PRESIDING OFFICER: (SENATOR WATSON) beg your pardon. Senator Petka, what's your pleasure? Do you -- Senate Bill 8l?

8l, yes.

PRESIDING OFFICER: (SENATOR WATSON) Okay. Very good. Senator Petka seeks leave of *he Body to return Senate Bill 81 to the Order of 2nd Reading for the purpose 87  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 of amendment. Hearing no objection: leave is granted. On the Order of 2nd Reading is Senate Bill 81. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 2, offered by Senator Petka .

PRESIDING OPFICER: (SENATOR WATSON) Senator Petka.

Thank you very much, Mr. President and Members of the Senate. Senate Amendment No. or, Floor Amendment No. 2 to Senate Bill 81 came out of the Judieiary Committee 9 to basically permits funds that were taken in drug forfeiture tc gc directly to the State's Attorney 's Office in Cock County for the use in enforcing drug laws. That's the amendment: and urge its adoption.

FRESIDING OEFICER: (SENATOR WATSON) Is there any discussion? Senator Cullerton.

Yes. Thank you, Mr. Presidenty Members of the Senate. I dld support thls amendment committee: but I -- I asked at the time whether or anyone knew whether or not the Cook County Board was opposed to or not. They did not fill out a witness slip, and they were not in the committee. I've subsequently learned thak they are opposed to *he amendment, and therefore, Would urge a roll call vote, Mr. President: and ask that people consider voting No. first of all, have no problem with the State's Attorney, and Ifm a personal friend of the State's Attorney of Cook County, as a matter of facty but really feel EhaE this is probably not the Way to go. This moneyr which ultimately should end up in the State's Attorney 's Office. oughe *o be appropriated. Whekher they're appropriating nok or not, the 1aw says that it's supposed to be appropriated. This would change lt so the 88  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 money Would go directly to the elected official without any appropriation. don't even know if it would be audited. And so , it's not a good practice. The -- Cook County Board has indicated that they are opposed tp the amendment, and I would urge a No vote.

PRESIDING OFFICER: (SENATOR WATSON) Further diseusston? If not, Senator Petka, to close.

Thank you very much. Mr. President. Just to address that issue that was just raised. The -- under current practice in the Counky of Cook, mcnies Which are taken in drug forfeitures are not appropriated to the Office of the Sheriff, additionally the Office of the Attorney General, or to the State Police, or the Appellate Prosecutor. The only one that's been singled out is the State's Attorney 's Office in Cook County. And what this legislation does, and this Floor amendment does, is basically to place in the Statute the practice of sendinq drug forfeiture proceeds directly to that office. And and I Wculd -- againr I'd urge its adopkion.

PRESIDING OFFICER: (SENATOR WATSON) A roll call was requested. So a11 those favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who Wish? Have all voted who wish? Have a1l voted Whc wish? Take the record. On thak questionr there are 32 voting Yes. 21 voting No, 2 voting Present, and the amendment is adopted. Any further amendments, Madam Secretary?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. 89  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day MaY 1995 END OF TAPE TAPE

PRESIDING OFFICER: (SENATOR WATSON) Senate Bill 100. Senator Dudycz. Out of ehe record. Senate 9i11 114. Senator Madigan. Madam Secretary: please read the bill.

Senate Bill 114. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan.

Thank you, Mr. President, Members of the Senate. Senate Bill 114 represents a solution to the retired teachers' health insurance crisis, ar problem, tha: a1l of us are aware of. As draftedy Senate Bill institutes several changes in the now current plan that expires July the 1st. First of all, the State partickpates tn The retired teachers continue to participate in it, and the active teachers partieipate in the cost of the plan. The acttve teachers that are presently employed would contrlbute one-half percent af their payroll towards the cost of this. The Seate wculd participate to the extent of twenty-five million dollars annually, and the retired teachers Would continue at their seventy-five-percent subsidy unless a HMO or a -- if theyfre -- unless they're enrolled ln an HMO or a PPO plan lf that ls available to them. is not available to them: or they they wculd continue to receive a seventy-five-percent subsidy. If there is a PPO plan available to them , or an HMO plan available 90  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 to them, and they elect not to participate in either one of those managed care options, then they would cnly enjoy a flfty-percent subsidy and it -- and thak level would go back to the level that tt uas in 1991. It also Senate Bi11 1l4 also raises the minimum annuity of approximately four thousand teachers in the State of Illinois from the now minimum annuity of four hundred and fifty dollars a month to seven hundred and fifty dollars a month. The -- it also states that in order to belong to the TRS health knsurance Teachers' Retiremenb System Health Insurance Plan that the annuitant has to have had ten years of service credit With the Teachers' -- the Downstate Teachers' Retirement System. This plan would be effective January the lst of 1996. It creates a new fund in the State Board budget called the Teachers Hea1th Insurance Securtty Fund, Which then Will in the appropriation process, as we get to that point - will address that problem as far as the State's contribution in the State Board budget. be glad to answer any questlons on Senate Bill 114.

PRESIDING OPFICER: (SENATOR WATSON) Further dlscussion? Senator Demuzio.

Thank you, Mr. President. Senator Madlgan, for the record, I Want to again call your attentlon to page 20 and of your amendment kn whkch it indicates that the payments for the retired teachers' health benefits for the in 1996 for the months of August thrcugh May, the State Board of Education w11l present a voucher to the Comptroller directing the payment of twenty-five -- 2.5 million dollars into the Teachers Health Insurance Security Fund from the moneys approprkated Eo Ehe State Board from the Common school Fund, and that's the point that have difficulty wlkh. I don't see that there's any other alternative at the moment than to suppcrt the proposition that you have before us today, it seems to me that we are now setting up a procedure 91  ' j STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 which the Governor, dognstairs, has indlcated that he won't sign anythin: and you are, in fact, representing to us today that tgenty-fkve million dollars will come fcrward in the appropriations process. Now, I have some concern about putting into the Common School Fund, because itss going to appear that we're taking the money away from the Common School Pund from the - - from the formula to pay for this. And of course, if the Governor doesn 't okay it downstairs -- doesn't approve, then this bill could pass -- he coald take the twenty-five million dollars out of the formula, and as you well know, it's -- there's only forty-three million in there thls year. Can -- can you assure me, or can we have this changed perhaps in the House to make it a separate line item and get away from the -- the notion that We're going to take thls money out of the Common Schocl Fund? PRESIDING OFFICER: (SENATOR WATSON) Senator Madisan. SENATOR MADIGAN: Thank you, Mr. President. Senator Demuzior as -- as I stated in the Insurance Committee, it is my goal, and my intenticn, to seek a separate line item in the State Board budget for thls amount - an appropriated anount - in the State Bcard budget. PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio. SENATOR DEMUZIO: Okay. That -- that deals with one problem . The other problem is, ls tha* this is the substantive language that -- that would, in fact, pass. What happens if the appropriation isn't approved? The Governor doesnf: -- first of all, the Legislature -- let's assume that we approve the tWenty-five million, which ls our contribution, but the Governor decides that he wants to veto i*. Does that mean that this -- this twenty-five-million-dollar contrlbution is goins to come out of the money that we're goin: to i 92  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 appropriate for general State aid for this -- for thts fiscal year? i PRESIDING OFFICER: (SENATOR WATSON) ! ! Senator Madlgan. .. I SENATOR MADIGAN: Thank you: Mr. President. Well, Senator Demuzio, you know, as well as I do, and -- and nuch better than I do, because your experience ts much more than mine ls in this Chamber and in the General Assembly, but we canlE put an approprlatlon bill in a substantlve bill. And a11 I can tell you is that welre on the substantlve blll, and this is what's taklng place -- will take place latêr. PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio. SENATOR DEMUZIO: Well: I quess that's my problem . And I'm not quarrelling with you, and I understand very much the process, but I Want people to be aware here that thls is a substantive bill. That if the appropriation doesn't foklow - the twenty-five million dollars - and -- and this, ùn fact, is signed, then that twenty-five mlllion dollars is golng to come out of what the Governor has allccated for elementary and secondary education for -- for this year. So I Want to point out to everyone, again, I think khis is a propositlon that I guess ue pretty much have to vote for today, to keep the process rolktng. I know you're aware of the problem and I'n noE quarrelling with you over that. Let's see if we can perhaps chanse thatover in the House and -- and Rake it to the -- 1 I to the extentthatLf. in fact,*heGovernorfails to goalong,at 1 I least we protected ourselves in the Illinois Gengral AssembLy. 1 And1et me also point out, if I might, that on this side we've 1 ! I been attenpting, as you know even as much as -- as short as I yesterday, to put a higher amount of State contribution into the i 93 L .. .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day MaY 1995 teachers' retirement health proposal. I khtnk yesterday we offered an amendment for some fifty-six million dollars predicated on the increase that we were indicated by the University of Illinois that we would have qevenue above the -- of Bureau of the Budqet. The fact isr is that no one is - on your side - has decided to go along with it. This is the best thing that there ës at the moment, and I am reluctantly rising to suggest that golng to vote for it and, I guess, asking our Members to dc so.

PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Senator Hawkinson. SENATOR HAWKINSON; Thank you, Mr. President. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he 'll yield, Senator Hawkinson. SENATOR HAWKINSON; Senator, as I understood your opening remarksr you lndicated this was going to be effective January It had been my understandtng that we were gotng to have problems in the Fund earlier than that, and I wonder if you could address that. PRESTDING OFFICER; (SENATOR WATSON) Senator Madigan.

Yeah. This -- this plan would take effect on January the lst of 1996, and that portion of lt is Central Management Servlces taking over the admlnlskra*ëon of Ehe plan from Teacherst Retirement. Teachers' Retirement will continue to handle or administer the plan until January the 1st of 1996.

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

Sponsor yield for a further question then? Under khe TRS 94  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legtstative Day May 1995 continued management in the interim what funds will be available to the system in that pericd to -- to make sure that *e don 't have the quadrupling of -- of costs that is feared by many of our retired teachers during that interim period?

PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan.

Thank you, Mr. President. It'11 be -- first of all, thls wl1l continue at its current level and current subsidy until January the 1st. And the money will come from several different sources. There's -- there's reserves. There's Common School Fund. There's the payroll that will be ccming in from the active teachers.

PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Senatcr Raica.

Question of the spcnsorr please.

PRESIDING OFFICER: (SENATOR WATSON) Spcnsor indicates he Will yield, Senator Raica.

Bob, the last couple of days a lot of retlred teachers that retired early have said that there's a possibility that they Would have to pick up a hundred percent of thelr health care, and it's my understanding that, by your proposal, we left as is and there's no change. And just vant to know that ccrrect, for the record.

PRESIDING OFFICER: (SENATOR WATSON) Genator Madigan.

Thank you, Mr. President, and thank you, Senator Raica, fOr the question. For the record, that is correct.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Geo-Kar#s. 95  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day MaY 1995

Mr. President and Ladies and Gentlemen of the Senate. I would like to commend Senator Madigan for trying get bill together to address this very serious problem. Therg -- many of us have met with many, many teachers ln our respective areas and we had made a commitment to the teachers some ttme ago that we Would take care of those medkcal bills. And now wedre in the forced to start al1 over again, and think this is a good plan. The active members with whom met, by the wayr were willing to contribute more .5 percent monthly to the proceeds to help . And I thtnk Whatever help *e can get from the State to equal that: think it's well Worth it, because Ehose teachers have retired and many of them have medical problems, and many of them Would not have gong in ou* on a five-by five-and-five if they had known there'd be a jeopardy an their health bills. So I certainly speak in favor of the bill, and commend, as I said, Senator Madigan for undectaking -- to address some very serfous problems and I ask for any Aye vote from all of us.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Madigan, you wish to close?

Thank you, Mr. President. Just very briefly . And back to Senator Demuzlo 's comments as far as the appropriation process. Senator Demuzio and every Member of the -- of this Body has my comnltment on that, and I would appreckate everybody joining me in that commlEment lnsofar as the appropriation process, and would ask for your favorable -- favorable vote on Senate Bi11 114.

PRESIDING OFFICER: (SENATOR MAITLAND) The questlon shall Senate Bill ll4 pass. Those favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a1l voted Who Wish? Take 96 rx 42nd Legislative Day 8 9 T S E R HG N L E U T N AL S A F T O E R AL I C A S E N IS B S T M N P I O E R NL Y May 3, 1995 the record, Madam Secretary. On that questioa, there are 58 Ayes, no Nays, no Members votinq Present. Senate Bill 114, having received the required constitutional majorlty, is declared passed. Senate Bikl 133. Senator Peterson. Read the bilA, Madam Secretary. ACTING SECRETARY HAWRER: Senate (Secretary reads title of bill) 3rd Readlng of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Peterscn. SENATOR PETERSON: Thank you, Mr. President. Znder current 1aW, al1 counties except Cook assess parcels as open space under Seckion 10-155 of the Property Tax Code if they are more than ten acres and used for defined purposes, such as wetlands, golf courses, forests, Wildlife preserves, et cetera. This bill expands this Section to include Cook County. The Cook County Assessor is neutral on this bill, as well as the school organizations. And ask for your favorable vote on Senate 9i1l L33. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussicn? Senator Berman. SENATOR BERMAN: Thank you. Question of the sponsor. didnft hear his... PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yleld, Senator 3erman. SENATOR BERMAN: didn't hear his last sentence. What ghat Was there about the schocl people? PRESIDING OFFICER: (SENATOR MAITLAND) Senator peterson. SENATOR PETERSON: 97  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legtslatkve Day MaY 1995 The schoal organizations are neutral on this bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Berman.

Thank you. rise in opposltlon to this bill, Mr. President. What we are dokng here is, for a group of people that own golf courses in Cock County, wefre going to lower their levet of assessnent. And let me tell you what that does: raises everybody else's taxes. NoW if you want to take care of the golf course owners and hurt your voters, vote Yes. ycu don't, vote No. I urge a No vote. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Further discussion? Senator Peterson, you wish to close?

Thank your Mr. President. would just like to say commentinq on Senator Berman's statements: Number one, a1l hundred and one counties have this same assessment prccess, except Cook. So it's being done in the other hundred and one counties. Number two, once those golf courses go, what's going to happen? You're going to build houses. It's going to be a bigger expense on local governments and schools once that open space gone. That's why the golf courses are being bullt in Lake, Dupage and other counties; they don't want to stay in Cook County . think, if you dre from Cook County, you should support this bl11. It's a good bill. I appreciate your favorable vote -- vote on this bill. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) The questlcn 1s, shall Senate Bill 133 pass. Those in favor will vate Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have voted who wish? Have a11 voted who wish? Take the record, Madam Secretary. On that question, there are 38 98  STATE OF ILLINOIS 8MTH GENERAL ASSEMBLY REGUZAR SESSION ' SENATE TRANSCRIFT 1 r 42nd Legislative Day May 3, 1995 Ayes, 14 Nays, no Members voting Present. Senate B111 133, havlng received the required constltutional majority, ls declared passed. Senate Bill 134. Senator Peterson. Read the bill, Madam Secretary. . ACTING SECRETARY HAWKER ; Senate Bill 134. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Pgterson. Senator Peterson. SENATOR PETERSON) Thank you, Mr. President. Senate Bill 134 amends the Property Tax Extenslon Limitation LaW to provide that newly taxable, formerly exempt, property shall be counted as new property When it goes on the tax rolls. As you know, there are tWo factors When youfre under the tax cap: one is you qet the CPI; the other ls the new growth. We have parcels of property that are coming on the tax rolls, not only in Cook, but in the collar counties: that were formerly exempt because they Were nonprofit. We want to use that new assessed valuation to be filured in the formula so *he unlts of local government can attain those revenues necessary. And I'd apprectate your favorable vote on Senate Bi11 134. PRESIDING OFFICER: (SENATOR MAITLAND) Is there diseussion? Is there discussion? The question is, shall Senate Bill l34 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 Nho wksh? Take the recordr Madam Secretary. On that questionr there are 55 Ayes, no Naysr no Members voting Present. Senate Bill 134, having received the required constitutional majority, is declared passed. Senate Bill l ' l3s. senator DeAngelis . ienator DeAngells, do you wish this bill j returned to the Order of 2nd Reading for the purpose af amendment? I ! 99  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legtslative Day May 3, 1995 Senator DeAngglis seeks leave of the Bcdy to return Senate Bill ; ' I l34 <stc> to the Order of 2nd Reading. Hearing no objection, 1 leave ls granted. On the Order of 2nd Reading is Senate Bill 134. Madam Secretary... I'm sorry, the board Was incorrect. Senate Bill 135. Madam Secretary: are there any Floor amendments apprcved for conslderation?

Amendment No. 2, offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 135 is an attempt to correct some of the abuses or misuses of TIFs. When we came out with the bill, there were a lot of people Who thoughE that our corrections were too severe. So we amended the bill, whlch softened those corrections, and there's still objection. However, in order to keep working with this blll, I cannot ask you to take off Amendment No. 2, because it has No . 1 still on there. So what this amendnent does is it actually strips the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Discussion? Senator Palmer.

Thank you, Mr. President. A question of the sponsor. 1

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield , Senator Palmer. SENATOR PALMER: j So, Senator DeAngelis, this is a now a shell bill? PRESIDINGOFFICER: (SENATORMAITLAND) 1 1 Senator DeAngelis. I I SENATOR DeANGELIS: 1 j I It's a -- an opportunity to rework the bill. I couldn't do it i I by taking off the second amendmentybecause thebill itselfwas a j 100  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 ' i liktle harsh. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator palmer. SENATOR PALMER : But the -- the yes or no answer to that ls, it's a shell blll. Thank you. PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussian? Senator Jacobs. SENATOR JACOBS: Thank you. I just want to thank Senator DeAnqelis for -- for dokng thts, 'cause I think it was quite harsh: and the bill does need to be reworked and 1 just Want ta say thank you. And I think we ought to give it an Aye vote to move kt along. PRESIDING OFFICERI (SENATOR MAITLAND) Senator DeAngelis moves *he adoption of Floor Amendment No. 2 to Senate Bill 135. Those in favor, say Aye. Oppcsed, Nay. The Ayes have it. The amendment is adopted. Any further Floor amendments approved for consideration, Madam Secretary? ACTING SECRETARY HAWKER: No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 137. Senator Raica. Senator Raica? Read the bill, Madam Seeretary. ACTING SECRETARY HAWKER: Senate Bill 137. (Secretary reads title of bi11) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica. SENATOR RAICA : I ThankyourMr.Presldent,LadiesandGentlemenofthe Senate. j I Senate 3il1 l37 adds al1 firearms to the constructed possesslon 101 - .' '- -- -. - . .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 1 provisions related to the presence of a gun ln a car. The amendment, whlch the Judiciary Commlttee recommendedr it limits the presumption on concealed firearms to the driver of the vehlcle only. This is part of the 1993 State's Attorneys Associatlon package based on a proposal from the Peoria County State's Attorney, and I just Would ask for a favorable roll call.

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

Yes, thank you, Mr. President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicatps he will yield, Sgnator Molaro.

Okay. So what -- what this ccmes down to is that if you're stopped by a police officer or someone pulls ycu over, and they pat down a passenger and the passenger has the gun or if they find the gun -- no, it's not that. Okay. What lf they find the gun in the backseat near a passenger, not on him? Can the driver have the presumption that he was in possession of lt7

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica.

Mr. -- Senator Molaro, We 're going to take a look at the Statute on that one: because that gun is in close proximity to the -- was tbere a passenger ln *he rear seat? Is tha* what you're sayingr or there's -- the driver's there alone?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro.

Passenger was in the rear seat.

PRESIDING OFFICER: (SENATOR MAITLAND) l02 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Senator Raica. I SENATOR RAICA : i I You knowr Mr. President, is tt al1 right with you, can I ask i leave of the Body to come back to this? We'11 just get that information for Senator Molaro. PRESIDING OFFICER: (SENATOR MAITLAND) Out of the record; Madam Secretary. SENATOR RAICA : Thank you. PRESIDING OFFICER: (SENATOR MAITLAND) Senate Bill 141. Senator Wcodyard. Read the billf Madan Secretary. ACTING SECRETARY HAWKER : Senate Bill 141. (Secretary reads title of bill) 3rd Reading of the bill. FRESIDING OFFICER: (SENATOR MAITLAND) Senator Woodyard. SENATOR WOODYARD: Thank your Mr. President, Membprs of the Senate. As you can see by the number of thks bill: it was introduced very early in the Session, and I do apolcgize to the Body, I thought we would have agreement between the various parties who have been invclved in a 1ot of conversations over the past several months. The genesls of this bill I guess started tn 1992, when the General Assembly authorized or -- or allowed the Staee Board of Education to promulga*e guidelines on behavioral intervention. The State gaard did do that. The school districts and, quite frankly, particularly the Special Education Administratcrs Associatton were I very oppcsed to those guidelines. That issue even came before the 1 Joint Committee on Administrative Rulesr and it was rejected. The guidelines were rejected by *he Joknt Committee. Those quidelines I l03 ' y  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislatlve Day May 3, 1995 in my -- to my knowledge never had a public hearlng, there was nc publlc input, and yet ehey were adopeed, even though rejected by the Joint Committee on Administrative Rules. That 1ed to the introductlon: on my behalf, of SenaEe Bill 141. As indicated throughout these months, We have tried to get both sides together and have not been able to do that. indicated to Senator Berman in commlttee that I would commit to amending this over in the House. I have no commitments on what we can do with this bill. The only thing can present to you today is the contents of Senate Bill 141, with the provision that I Will do everything possible in my power to get agreement reached. thought we had that yesterday afternoon with some draft language from the State Bcard of Education, and this morning that evidently kind of fell through. So guess the only thing I'd be glad to answer any questions on the -- on exactly what this bill does. But it does put off, for at least a year, the -- the schools themselves developing guidelines. And as of right now, I would ask for your favorable vote to send this over to the House, but I don't know that I can give you a commitment that We're ever going to have agreement on this thing. And with that, Mr. President, be -- try to answer some questions.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there -- is there discussion? Senator Palmer.

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

PRESIDING OPFICER: (SENATOR MAITLAND) Indicates he Will yieldz Senator Palmer.

Senator Woodyard, I'm afraid I'm last at this point. Could you just tell us what this bill as it is before us tcdayr what it does?

PRESIDING OPFICER: (SENATOR MAITLAND)  i I i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 42nd Legislative Day May 3, 1995 Senator Woodyard. SENATOR WOODYARD: Thank you, Mr. President. Basteally, what I think you probably have in -- in your analysis, it will require the State Board of Education, with the adviee of individualsr to review its behavioral intervention guidelines ak least onee every three years. It will also require the local school districts to develop behavioral intervention policies for students with disabilities by January lstr 1996, where the -- the previous leglslation was 1995-'96 school year. And it wlll require the board, and there is -- thls is one of the controvqrsial parts, the -- the copies of the policies be given to the parents and guardians of students with disabllities on the IEPS. And that's basically the three parts that this bill does. There is some controversy on uho is to get these copies of policies, who is going to actually develop those policies, and so on. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Palmer. SENATOR PALMER: .. . tmicrophone cutoffl...you. Just one more question. On one of my analyses I have a long list of proponents, including the Special Education Admintstrators Association, IEA, Rural Champaign County Special Ed Cooperative, and so forth. Are these organizations still in favor of *he bill that you're presenting to us today? PRE:IDING OFFICER: (SENATOR MAITLAND) Senator Woodyard. SENATOR WOODYARD: Yes, Ehey are, and -- and certalnly a lot longer list than -- than -- than what you mentioned. PRESIDING OFFICER: (SENATOR MAITLAND) Further diseussion? senator Berman. 105 I : STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 SENATOR BERMAN: I Thank youy Mr. Presidentr Ladies and Gentlemen of the Senate. I i I commend the sponsor for trying to work out a very difficult situation between very strong advocates, but let me tell you what we're confronted with today. At the present time, Ladies and Gentlemen -- at the present time, there are a set of guldelines that have been issued by the State Board of Educationy and the purpose of the guidellnes was to seE out some rules by which school districts would have to address the problems of severely disabled children and severely behaviorally disordered children who act up and -- and cause a problem in our schools. Those guidelines have been published. Now, like any other controversial issuey there are people that like those guidelines and there are people that don't like the guidelines. The prcblem with Senate Bill 141, as it's presented to us today: is that this bill negates: repeals the effect of the guidelines. So if you're voting Yes, what you are doing is saylng that there are no rulesr , school districts, on what you must do regarding BD or severely disabled children. That's a -- a very serious implication of a Yes vote on this bill. I share Senator Wcodyard 's frustration by the fact Ehat we cannct get a commitment from the House to work out an amendment. I -- I don't understand Why We can 't get that commitment; wedve gotten commitments on a1l kinds of bills. And I'm not saying that critically of Senator Woodyard; IIm saylng it critically of the House. The problem is that if I vote Yes, if you vote Yes on *his bill, for the period of time from the enactment of tbis bill until January lst or later, there are no safeguards regarding these troubled childrgn. What I wauld like to suggest, and -- and I really don't have an answer. We have -- I I we have kalked. fenaEor Woodyard and I and obhers have sa* wiEh the strong advocates for the disabled children - ARC, the Association of Retarded Citizens. ARC of Illinois is opposed to I l06  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Ehis bill as it presenely stands. The Family Resource Center for Disabilities is opposed. The AuEism focleey is opposed. NoW, I guess my -- my suggestion is -- I'm not happy with Senate Bill 14l because of the repealer Section. I'm going to suggest that we vote No on 141 today, that we pick up a bill that comes over from the -- from the House, and that we continue to work on that here. And I think thatfs the -- a good alternative, because we 're not getting any response from the House, and tha: disturbs ne and it ought to disturb you. So I would respectfully suggest and I'm not speaking critically of the sponsor; he and have tried to work out scme language that provides protection and gives the sehool districts the opportunity to work out some good program. But to repeal the guideltnes, wauld suggest to you, is an irresponsible approach to that problem today. I think there are other vehicles that are coming over here. Le* us work on thosg vehicles. just concerned that the House will pass this bill wlthout an amendment; there will be no protection for these children. Wedre not doing our job, and even in January when the school districts are supposed to adopt rules, there is nothing to require them to address the needs of Ehese very severely disabled children. So please let us continue to do our work, but think we've got to do with a House b11l that comes over rather than sending this bill over to the House. I urge a No or Present vote today on Senate Bill 141.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? senator Watson.

Yes, thank you r Mr. Preskdent. And Ir too, echo what Senator Berman said about the sponscr and his effort and desire to try to Work out an acconmodatlon with all parties. However, I supporE the legislation and feel that this is a local eontrol issue. does 1et local distrlcts decide and gives them considerable 107  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 flexibility in determining policy that will be ultimately implemented in the classroom. My suggestion, to those of you who have an opportunityr is to go into a classroom and talk to the classroom teaçher and -- and ask them, ''What is the biggest concern that you have about the future of education?'' and it ls -- has to do -- a great deal ko do wlEh what is going on in the classroom. The inability to -- to discipline, the type of -- of students now that are coming into the classroom , the whcle full inclusion issue that seems to be out there, as to bringing anyone and everyone into the classroom, has that classrocm teacher concerned. Because what -- what they're trying to do is create an environment by which they're trying to educate twenty, twenty-fivey maybe thirty kids in a classroomr and you've got somebody there who's creating problems Who shouldn't be in the classroom. I just think that that decision should be made locally. And there's no remcval of the guidelines here; it just gives the districts the opportunity to implement them if they wish. That's What we're trying to do. So I urge support for the legislation, and -- and certainly commend Senator Woodyard for his efforts in this regard.

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

I have a -- thank you: Mr. Chairman. I have a question for the sponscr.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield, Senator Parker.

Will thls bill, if it passes through the House, repeal everything if you have nothing else on it? Is there a way of taking the repeal Section out so at least there 's some guidellnes, in case nothing is done in the House? l08  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 42nd Legtslative Day May 3, 1995 I

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Woodyard.

I guess maybe *he only way I can answeç thatr it doesn't repeal the guidelines and -- and the distrlcts would have to consider. But the problem today - and lt goes back to Senator Berman's comments on the -- on the guidelines - they are today a mandate on schcols. At least the schools perceive them to be that, and it's the intent -- it's my understanding that the State Board of Education has to proceed with those as -- as policy. And so, whlle -- while -- what we're doing is taking aWay the actual mandate that the school must abide by those guldelines. And does that repeal the guideline? No, it doesn 't repeal the guideline, but it does remove the mandate.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Parker.

.. . the bill: I -- I guess I would be concerned -- when we're talking about children With disabilities, it's a difficult tssue to understand, and it just seems to me that we have to be concerned that there is some type of policy in place at the local level. I don't know if everybody is educated enough at the local level to be doing exactly the right thing, although they intend to do that, because it's a big education on how to deal wlkh children with disabilities, and I think I would be concerned about not having those policies, in this dlscusslon, in place before we vote on this bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Senator Woodyard, to close.

Well, 1et me close Wtth a response agaln to the Senator. This does require that the local boards do develop a Policy on l09 ' (  STATE OF ILLINOIS 89TH GENERAL AESEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslative Day May 1995 behavioral intervention by January 1 of 1996. So although we 're de-mandating the -- the guidelines, they have to develop their own policy with the adviee and advisory boards and so on. And I guess further in in closing, I want to make -- reiterate this polnt again, the guidelines that were adopted had absolutely no public input and bas been rejected by the Joint Ccmmittee on Administratlve Rules. And Senator Berman was absolutely correct, and you can see the problem that we've had in tryins to compromise or negotiate thls particular problem because he menticned to you some of thcse groups Who are opposed to this bill. And Nith -- Wieh -- with just a minute I wculd like to read ycu just a feW of some of the organizations and people who are in support of this bill: the Special Ed Assoeiation of Peoria County, Illinols State Board of Education - here the State Soard of Education is trying to help us now to alleviate this controversy that was created when they adopted these guldelines; they're now in support of th#s bill the Illinois Association of Speclal Educatton Administratorss LUDA, Illinols Statewide School Management Alliancer Rural Champaign County Special Education Cooperative, Illinois Administrators on Special Education, South Cook County Organlzation for Public Education, and there's a whole litany. And that's why, with the -- the opponents that Senatcr Berman mentioned and these proponents that I have mentioned, that this has been a very difficult issue. I would ask that you support Senate Bill Let's get over to the House and conttnue trying to Work on this thing and see if we can reach some eompromise. Thank you. PRESIDING OFFICER; (SENATOR MAITLAND) The question is: shall Senate 3i11 l4l pass. Those in favor Will vote Aye. Opposed, Nay. The votin: is open. Have a11 vo*ed who wish? Have all voted Who uish? Have voted Who Wish? Take *he record: Mr. Secretary. On that question, there are 33 ll0  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 42nd Legislatlve Day May 1995 Ayes, 15 Naysr 8 Members voting Present. Senate Bikl 141, having received the requkred constitutional majority, is declared passed. AP requests permission to take photos. Is leave srantedz Leave is granted. Senate B111 143. Senator Pendon. Read the bill, Mr. Secretary.

Senate Bi1l 143. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon.

Thank you very much, Mr. President. Senate Bill 143 does two things. One, it allows Public Aid recipients the optton of getttng Ehetr check Ewice a month, rather than once a month. And this is to help them balance their budgets. The other woukd set up a pilot program -- community-based pilot program to get people off of Public Aid and out cf public housing . And Would appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there dlscusslon? The question is, shall Senate Bill l43 pass. Ghose in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who Wish? Have a1l voted who Nish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there are 56 Ayesr no Naysr no Members voElns Present. Senate Bill 143, having received the required constitutlonal majorityr is declared passed. Senate Bill 189. senator Smkth. Read the bill, Mr. Secretary.

Senate Bill 189. (Secretary reads tltle of bill) 3rd Readin: of the bill. 1ll * ' I STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSLON SENATE TRANSCRIPT 42nd Leglslative Day May 3 r 1995 PRESIDING OFFICER: (SENATOR MAITLAND) E Senator SmiEh. I SENATOR SMITH: I I Thank youz Mr. Prestdenty Ladies and Gentlemen of the Senate. I .. j This legislation permits the Department of Public Aid, by rule and j i by subject of appropria*ion, to provide assistance for more than 1 twelve months based upon the client -- former cltent's financial needs. The purpose of this bill is to assist welfare rectptents to make the transition from welfare to work so that they may become self-sufficient and responsible for their own lives. And -- 189 Would alsa provëde former welfare reciplents with the assistance that they need to rematn employed, so that they will -- do not have to return to the Pubkic Aid rolls. It passed cut of committee overwhelmingly. I ask for your favorable support. PRESIDING OFFICER: (SENATOR MAITLAND) Is Ehere discussion? Is there discussion? The question is, shall Senate Bill l89 pass. Thcse in favor, vote Aye. Oppcsed, Nay. The votlng is open. Have all voted who Wish? Have al1 voted who wtsh? Have a1l voted who wish? Take the record, Mr. Secretary. On that question, there are 56 Ayes, no Nays, no Members voting Presenk. Senate Bill 189, havin: received the required constitutlonal najority, is declared passed. Top of page 4. Senate Bi11 213. Senator DeAngelis. Senate Bil1 230. Senator l DeLeo . Read the bill, Mr. Secretary. SECRETARY HARRY: Eena*e Bill 230. (Secretary reads title of bill) 1 . 3rd Reading of the bill. j 1 PRESIDING OFFICER: (SENATOR MA:TLAND) j S I enator DeLeo. i SENATOR DeLEO: i l Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. I I ll2 ' . (  STATE OF ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3: 1995 1 I Senate BiLL 230--actually thecommlttee amendment becomes the 1 bill. There %as an agreed amendment by the Chicago Park District i Pension Board, by the Chicago Park District. It allows -- it's a - - it's a five-plus-five early retirement lncentive for Chicaqo park Districk employees. There's no State dollars and it's -- the amendment's been agreed to. I ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussicn? The questlon isy shall Senate Bill 230 pass. Those in favor Will vote Aye. Opposed, Nay. The votlng is open. Have al1 voted who wish? Have a11 voted who wish? Have a11 voted who Wish? Take the record: Mr. Secretary. On that questlonr there are 48 Ayes, 6 Naysz 2 Members voting Present. Senate Bill 230, having received the requlred constitutional majorityr is declared passed.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland, on Senate Bkll 253. Read the billr Mr. Secretary.

Senate Bill 253. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maltland.

Thank you very much, Madam Fresident, Members of the Senate. Senate Bill 253, as amended, is the blll Ehat would, after June 30th, 1997, not allow for accumulated sick day leaves to be used for anything other than for sick days. We have been concerned for some Eime about the -- the obligated debt that the State is accruing on this issue. We have amended the bill and made itr I thinkr much more acceptable. We have grandfathered inz completely, all present State employees. So this Will only affect ll3 . y, '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 new employees hired afeer July 1, 1997. ft is prospective Only. Andz Madam President, I'd be happy to respond to any questions. Otherwise, would appreciate the support for Senate

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

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senator, I concur with what you're trying to do here. My only question is, has -- has this abllity to accumulate sick leaves -- sick leave been a negotiated process, and if so, are we preempting a negotiating process, or the -- with this type of legislation?

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Maitland.

Senator Jacobsy the reason We made this bill effective July 1, '97 ls that the end of the current -- as -- as best we know, the end of the current collective bargaining arrangement. It uill not be, however. in the n9w contracts, a negotiable issue.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

So -- so, effeceively, what we are doing is -- is removing one of the issues from the collective bargaining process come July of 1997. Is that correct?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

That -- that is -- that is correct.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Jacobs.

STATE OF ILLINOIS 89TH GENERAL AESEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 I I know it's a serious problem and really recognize Ehat . My only concern is, we are preempting the negotiations process by this legislation. I don't want to hold up the bill by any means, 'cause I khink it has some merit. But T just wanted this Body to be aware that we are preempting negotiations whenever we pass this legislation.

PRESIDING OFPICER: (SENATOR DONAHUE) Further discusslon? Senator Geo-Karls.

Madam -- Madam President, Ladies and Gentlemen of the Senatey sick leave is supposed to be used just for that, sick leave. The fact that this bill has been amended to make prospective to think is very Worthwhile and dcesn't defer -- dces not deprivey rather, the people who are entitled to it up till now or or up till then to get it. I think we have to think, in response to my colleague on the other side for whom have the highest respect; we have to be preemptive when it helps the people of Illinois who are the taxpayers of Illinois. I understand there are some people uho have accumulated twenty thousand dollars' worth of sick leave and so forth. That's obscene. I'm saylng this is a good bill the Way it's amended. It's fair. And I urge a favorable vote.

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

Ques*ion of the sponsor, Madam President.

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

Senator -- SenaEor Maitland, whaE is the accrued liability on sick leave today?

PRESIDING OFFICER: (SENATOR DONAHUE)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3: 1995 Senator Maitland.

fenator Weaver, to the best of our estlmate, eurrently the -- the current liability is in the neighborhood of three hundred and forty-one mlllion dollars for a11 agencies, including higher education.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Further dlscussion? Senator Maitland, to close. Whoop . Senator Carroll.

Thank your Madam President. A question of the sponsor.

PRESIDING OEFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Carroll.

Does thts preclude prospectively the ability of a State employee worktng in one area of State government, accumulating the sick leave: taklng the cash, and then going to work for another area of State government, llke recently happened?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

Senator: currently, as you know, the when an employee leaves one agency and goes to another agencyr there is a termination there where tha: where thae cutoff is made and -- and the payment is made at that time. my recollection is, Senator, there's no staeutory autbority for that. It's jus: done that way Ko keep Jlean from one agency to the next. PRESIDING OFFICER; (SENATOR DONAHUE) Further discussion? Senator Carroll.

The question wasr were this Act to become law, would that provislon be made illegale as should? As you know, We just had l16  STATE 0P ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 somebody leave the Governorfs Offîce, take a huge sick pay benefit, and then get a job at sixtyr eighty percent higher in pay on top of it.

PRESIDING OFPIQSR: (SENATOR DONAHUE) Senator Maitland.

Madan Prestdentr I apologtze, I was making sure I was sure of my answer and I and I nay -- and -- and quite frankly, the volume wasn't very high eitherr Senatorg so I was trying to listen and -- and -- and speak at the same time. Would you repeat your question?

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Carroll.

I will project more then. Will we be able to stop the practice of a person who worksr for example, for the Offlce o' the Governor, leaving that offiee, taking a large amount of sick pay, and then îoing to work, let's say, for the Gamin: Board, by example, and getting a huge salary? Can we -- wlll this stop that practiee?

PRESIDING OFPICER: (SENATOR DONARDE) Senator Maitland.

That -- Senator: the answer to that is, no, we wkll not be able to stop that. That's not a part of this. They will be able to transfer that from one agency to the next, if they wlsh

PRESIDING OFFICER: (SENATOR DONARUE) Further discusslon? Senator Demuzio . SENATOR DEMUZIO) Senator Maitland, -- a question just popped up here and Wanted to pcse the questlon to you as -- I thought the answer Was. Let's assume that there's a Person who works for a university and ll7  STATE OF ILLINOIS B9TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslative Day May 3, 1995 that person dectdes that he or she is changin: and either goin: to be -- and let's say they 're goin: ano*her State institution within the State of Illinois. Is that person then classified as a new employqe, and therefare become subject to ehe provisions of this Act?

PRESIDING OFFICER: (SENATOR DONAHUE) SenaEor Maitland. SENATOR MAITLAND) No -- no, Senator, they are not. And this this question really arose when we had this change in the original bill at at January because of th9 changeover in the governance of higher education and *e Nere concerned about that. Bu* the answer to your question is no .

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

Can you -- can you tell me why though? I mean, is that because they're still on the same pension system payroll, or -- or or - - why is it -- why -- Why are they not considered new , I guess?

PRESIDING OFFICER: (SENATOR DONARUE) Senator Maitland.

Thank you, Madam President. Senator, because they continue to be a State employee and they uere hired before the date of this bill.

PRESIDING OFPICER: (EENATOR DONAHUE) Senator Denuzio.

Let's -- let's assume, for a1l practical purposes then, that a professor at a universiEy or a State employee loses their job or qults or -- or uhatever: a year or two later decides to come back and be a State employee, then that person Ehen ls classified as a ll8  ST/TE OF ILLIHOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd LegislaEive Day 8aY 1995 new persan. Is bhat correct?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

The answer is yes. Andz Senator, they would have gotten the lump-sum payout Whenever the services Were terminated as a State employee. PRESIDING OFFICER) (SENATOR DONAHUE) Purther discussion? Senator O 'Daniel.

Thank you, Madam President. Th9 thing that bothers me about this bill -- it's a hard bill to -- to vote against. But, you know, I've seen enployees both -- in the private sector and in government both that are good employees. Then you see the others that every chance they have to take a day o'', they take off. They dre really not that good of employees. Another thing that bothers me# you know, llke if there is a -- a reducticn in farce and -- and sone of the people are laid off and they're looking for a job, at least they have a little eushion there. Things like this that that really bother me about thls bill, that, you know, for the really good employee that -- that's really out there and enjoys his work and wants to work, you know, if he doesn't use this take-off then -- then he Loses And this part of bothers me somewhat that -- that these people that really are good employees, that don't just every chance they have don't show up for work, that -- that now will -- won 't have the privilege, the good workers, of accumulatinq this.

PRESIDING OFFICER: (SENATOR DOXAHUE) Further discussion? Senator Maitland, to close.

Thank you very muchy Madam President, Members of the Senate. I apprqciate the diseussion on this bill -- than it -- and it 119  STATE OF ILLINOI; 69TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leqislative Day May 3, 1995 a -- is a difficult issue. We are concerned, from a budgetary point of view, about the -- the three hundred and forty-one million dollars of -- of liabllity that We've accrued in the State. I think we have to go back to what sick days really mean. Sick days were never meant to be an entitlement. They are a way Which we provide tncome for a person when they are legitimately stck. Yes, Senator O'Daniel, there's no question, some people take advantage of and that's too badr but we have some very good employees as well. think this is good legislation. It's responsible legislation and I seek suppart of the Body.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bi1l 253 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who Wish? Have all voted who Wish? Have al1 voted who uish? Have all voted who wish? Take the record. On that questlon, there are 28 Ayes, 25 Naysr 4 voting Present. Senate Bill 253, having not received the requlred constitutional majorlty, is declared failed. Senator Maitland.

Postpcne Consideration, Mr. <sic> President.

PRESIDING OFFICER: (SENATOR DONAHUE) That is always in order. Senator Woodyard, do you wtsh to have Senate Bill 281 returned to the Ordsr of 2nd Reading? Senator Woodyard seeks leave of the Body to return Senate Bill 28l Eo Ehe Order of 2nd Reading for the purposes of an amendment. Hearing no objectionz leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 281. Mr. Seeretary: are there any Floor amendments approved for consideration? SECRETARY HARRZ; Amendment No. 2, offered by Eenator Woodyard.

PRESIDING OFPICER: (SENATOR DONAHUE) 120  I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT I I 42nd Legislative Day May 3, 1995 Senator Woodyard. SENATOR WOODVARD: Thank you, Madam President, Members of -- of the Senate. Now, if I have the -- the correct amendmenty and I guess I do have, it is just a -- a technical amendment in Which I think the -- the sections were either mis-numbered or -- or put in the wrong place in the bill. But it is just a technical amendment. PRESIDING OPFICER: (SENATOR MAITLAND) Is there diseussion? Senator Woodyard moves the adaption of Floor Amendment No. 2 to Senate Bill 281. Those in favor: say Aye. Opposed y Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration? SECRETARY HARRY: No further amendments reported: Mr. President. PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Btl1 336. Senator Sieben. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 336. (Secretary reads tltle of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben. SENATOR SIEBEN: Thank youy Mr. President, Ladies and Gentlemen of the Senate. Senate B(11 336, as amended, lmplements *he Governor's Executive Order to combtne tbe five entities into the new Department of Natural Resources. I believe thls reorganization is good government. We had considerable discussion on the reorganization plan in the State Government Committee, and I want to commend the Governor and his staff and the five department heads who worked on this legislation, putting this proposal for reorganization l21 I I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslative Day May 1995 together. It makes gocd sense. It'11 provide better services and more efficlencies. I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Senator Palmer.

Thank you, Mr. President. want to stand in favor of this bill. We had lively discussion in committee meeting, and I think one of the best aspects of is thatr frcm our side: we had encouraged, and certainly we worked together With the Chairman, and I want to congratulate him , to place the Office of Waste Management and Recycling into the DCCA in order to encourage recycling at -- its next generation, as producing materials that can be used productively to encourage economic development this State. Senator O'Malley and had sponsored successfully some years ago a pilot program that was turned into public law r and I think that now Illinois wlll have a chance to join other states and to use this as an econcmic development vehicle. And I think it's a good bill.

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

I have a questlon of the sponsor.

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

In the in the bill, you have as senator Palmer referred to, youdve transferred the rightsy powers and duties of the Deparkment of Energy and Natural Resources to the Department of Commerce and Conmunity Affairs. Who is there golng to be in the Department cf Commerce and Community Affairs who knows how to run recycling programs, or knows how they have to comply with environmental rules? How is that going to work? l22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995

PRESIDING OFFICER: (SENATOR MAITLAND) I Senator Sieben. SENATOR SIEBEN: I In the organization chart that Director Mannlng presented to i i us and explained in the committee hearing, many of those key essential people will be transferred from the agency or department they're working in now. With that technlcal expertise, they will be Working in the new Department of Natural Resources.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch.

Could you tell me how many personnel will be the net gain or loss cut of it? How many ln ENR are there now worklng on recycling programs? How many will there be working in DCCA worklng on recycling programs? What would be the difference between the two, if any?

PRESIDISG OFFICER: (SENATOR MAITLAND) Senator Sieben.

There won't be any net loss tn -- ln actual number of people thatfll be Working in that area.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch .

On energy conservatlon, what is -- What is the point of moving that from -- from the Department called Enerqy and Natural Resources? You take energy consecvatlon out of it, it -- it seems to be a perfect fit. Why would you move that to DCCA?

PRESIDING OFFICER: (SENATOR MAITLAND) Senatcr Sieben. : SENATORSIEBEN: j Ithinkittiesinwiththewholeprospectofusingthe--the j l23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 funds ln that program from the Office of Recycling and Waste Reductlon to bulld a proactlve program , as Senator Palmer indicated, that would -- would build jobs and -- and build an industry and focus in utilizing those resources to develop markets and -- and industry and programs and progress, and the sense of the committee was that DCCA Was the most appropriate agency With that type of focus to go forward with that plan.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? For a second time, Senator Palner.

I apolcgize for rising a second time, Mr. President, but just wanted to assure the Members on our side of the aisle who are concerned about environment and recycling that this move to DCCA was supported by al1 the major environmental organizations in the State, and, ln fact, was brought to me by them.

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

Question of the sponsor, please.

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

Included this, understand they have the Abandoned Mined Land Reclamation Council. Is that correct?

FRESIDING OPPICER : (SENATOR MAITLAND) Senator Sieben.

Yes.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rea.

l24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3: 1995 Who uould -- Who would they report tc? At the present time this is under -- as I understand it, under the Lleutenant Governor's jurisdiction. Would Ehls be removed and will Ehere be a -- and what about the Regional Council? Would that still be in existence?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sleben. '

Yesr the Regional Council will still be in existenee and they will report to an offlce head -- a department head for that area within the Department of Natural Resources.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rea.

What will be the role of the -- of the Regional Council?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

The Regional Council Will have the samp role that they currently have.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rea.

Will that be strictly in an advisory to whoever the administrator of the overall may be?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

Yes .

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discusslon? Further discussion? Senator Sieben, to close. l25 . 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day MaY 1995

As I said in my opening remarks, we want to commend the Governor and his staff and the department heads that have worked for some time putting this reorqanization toqether. thipk it's the type of legislation that people around this State Would like to see happen: BeEEer efficlency from our SEate government and -- and better services to the constituents that benefit from these five areas of State çovernment. would urge everyone to vote Aye on on the reorganization.

PRESIDING OFFICER: (SENATOR MAITLAND) The question shall Senate Bill 336 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the recordy Mr. Secretary. On that question, Ehere are 57 Ayes, Nay, no Members voting Present. Senate Bill 336, having received the required constitutional majority, is declared passed. Senate Bill 340. Senator O'Malley. Senate Blll 346. Senator Madigan. Senate Bill 346? Senate Bill 354. Senator Barkhausen. Senate Bill 355. Senator Barkhausen. Senate Bill 357? Senate Bill 359. Senator Fawell. Senator Fawell, on -- on 359? Senate Bill 361. Senator Fawell. ...tnicrophone cutoffl...do you wish that bill called? Senator Fawell seeks leave to return to Senate Bill 359. Read the bill, Mr. Secretary.

Senate Bill 359. (Secretary reads title of bill) 3rd Reading cf the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fawell.

Thank you very much. Thls is a -- this a bill that Was brought to me and ls supported by the Department of Aging. 1* is 126  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 to allow them to set up pilot projects to see if they can figure out why and how to avoid sending people cver seventy-five to nursing homes due to the fact that they have fallen or they are j concerned about falllng. It has been approved now by *he Illlnois State Medical Society with the amendment that we recenEly added. I know of no opposition and I Would appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there dlscussion? Is there dlscussion? The question is, shall Senate Bill 359 pass. Those in favor, vote Aye. Oppcsed, Nay. The voting is open. Have a11 voted Who Wish? Have al1 voted who wish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there are 56 Ayesr no Naysr no Members voting Present. Senate Bill 359, having received the required constitutional majority, is declared passed. Senate Bill 361. Senator Fawell. All right. Senate Bill 368. Senator DeAngelis. Senate Bill 377. Senator Watson, do you wish this bill returned to the Order cf 2nd Reading for the purpose of an amendment? Senator Watson seeks leave to return Senate Bill 377 to the Order of 2nd Reading for an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 377. Mr. Secretary, are there any Floor amendments apprcved for consideration?

Amendment No. 3, offered by Senator Watson.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

Yes. Thank you, Mr. Presidenk. Senate Bill 377 and Amendment No. 3 makes several changes. It changes the date for awarding the first Ready to Learn start-up grant from January 1st, 1996 to : April 1st, 1996. It authorizesr rather than requires, Ehe StaEe Board of Education to establish a full-time pre-kindergarten : l27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 demonstration project. And it requires the SEake Superintendent, rather than the Governor, to appcint twelve public members to the Ready to Learn Council established under the legislation. It delekes the authority for the Council to organize a public education campaign; instead of, allowing it to recommend strategles to enhance public awareness of the value of early childhood programs. directs the Council to ensure that Ready to Learn Program guidelines address, rather than include, children with special needs. It deletes the authority of the Council to develop quality standards for voluntary family support programs. And requires the State Superintendent, rather than the Governor, to convene regular meetings of the Council. wculd move for its adoption.

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

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

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yieldr Senator Hawktnson.

Senator, many of us have been receiving calls this week by opponents of -- of the Senate billr and wondering -- this amendment addresses the concerns of -- of those who 've been calling concerned about the Goals 2000 and if this is now agreed by representatives of -- of those qroups?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

We have a*tempted to address some of the concerns, but not entirely. I would imagine those groups probably still oppose the bill at this time. There will be further discussions and meetings with these groups and organlzations to *ry to Work cut some sort l28  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 of an agreement. If -- I hope that answers your question. i PRESIDING OFFICER: (SENATOR MAITLAND) I ! I Further discussion? Senator Berman. SENATOR BERMAN: .. 4 Thank you. I stand in support of the bill. I think that some of the people that are most vociferous in opposition to the bill I would like us to do nothing regarding children that need some help. I think we have to play a role in encouraging children and parents to be involved in school and outside of school. So I urge an Aye vote. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Watson moves the adoption of Floor Amendment No. 3 to Senate Bill 377. Those in favor, say Aye. Oppased, Nay. The Ayes have it. And the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary? ' SECRETARY HARRY: No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 393. Senator Peterson. Senate Bill ! 415. Senator Dudycz. Senator Dudycz? Senate Bill 429. Senator Burzynski. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 429. (Secretary reads title of bil1) 3rd Readins of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynski. SENATOR BURZYNSKI: Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a bill which creates *he Illinois Manufactured Home ! i Installation Act. It's an agreed-to bill. And primarily What l 129 . r, '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislatlve Day May 3, 1995 we're trying to do is provide standards statewide that wl1l also be set up as guidelines that will include any national standards. It is an agreed-to bill. I'd be happy to try and answer any questions there might be.

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

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Geo-Karls.

Does your bill -- can't tell from our analysis. What exactly does your bill do?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynski.

Senator Geo-Karis, what we're trykng Eo do ls implement statewide guidelines for the installation of mobile homes. My understanding is the federal governnent is coming down with rules and regulations that will establish the quidellnes should we not do that. So we're trying to do this in a timely fashion.

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

Buty When you say establish guidelines, are you providing that Ehese manufactured home owners mean, I'm noE Ealking abou: Ehe people Who buy the homes; I'm talking about the people Who manufacture them - are you saying that -- that they don't -- they can do their own plumbing, they can do Whatever they Want to doy and no* follow Ehrough with requirements of the various Runicipalities or counties?

PRESIDING OFFICER: (SENATOR MAITLAND) 130  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Senator Burzynski.

Nor Senator. Basically, what this does isy lt deals with right now people are installlng mobile hcmes that have not completed any kind of required eourses or anything else. And what this does is establish a course work for thcse who do install manufactured homes so that they can install them in a proper fashion whlch is accordin: to the manufacturer's guidelines.

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

But the -- the manufacturer's guidelines may not be the guidellnes that are in a munlclpality for the lnstallaeion, or plumbing, or electricity. And this is what concerns me.

PRESIDTNG OFFICER: (SENATOR MAITLAND) Was that a question, Senator, or a statement?

To the bill: I'm Wondering if the sponsor of the bill would take it out of the recordr because I think these things should be addressed .

PRESIDING OFFICER: (SENATOR MAITLAND) Did you hear the request, Senator Burzynski, and the answer's no? Further discussion? Senator Carroll.

Thank youy Mr. President. First a question of the sponsor, then a question to the Chair.

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

Senator Burzynski, am I correct that this Would then have a standard set at the factory for thinss lkke plumbinq and electrical and everything else, and that that would be the then 131  GTATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legtslative Day May 3, 1995 statewide criteria? I

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynskl. I

At present, thgre are sEandards set at the factory for each one of these manufactured homes. Basically, wbat this bill does ls allow the Department of Public Health , along Wlth Manufacturers' Associatlonr which by the way supports this bill. to establish *he criteria for trainlng for those that are lnterested in -- in installation of manufactured homes. It does not supersede - and I think this is what Senator Geo-Karis ls getting to - it does not supersede any local ordinance regarding the installation of manufactured homes.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Carroll.

So then, if I can understand correctly, which is different than I think We Were viewing it, bcth Senator Geo-Karis and myself, thls would in no way set a standard for the home once it's -- as it 's being placed on a site, and only deals With the issug of hoW to train the people who -- Nho actually build the home ln the factory. Is that correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynski.

That's correck. And basically what we're doing, Senator, is to try and to make sure that -- that the manufacturers' Warranties are still applicable. That -- if the homes are installed correctly. Yes, sir.

PRESIDING OPFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Jacobs.

l32 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RECULAR GESSION SENATE TRANSCRIPT 42nd Legtslative Day May 3, 1995 Yes. Thank you, Mr. President. Will the sponsor yield? I PRESIDING OFFICER: (SENATOR MAITLAND) l I Indicate he will yield, Senator Jacobs. I SENATOR JACOBS: It appears Eo me that what we are really doing here, Senator - and correct me if I'm wrong - following along the lines that Senator Geo-Karis brought up, it appears that We are -- are substituting certified employees or certlfied people to hook up plumbins, et cetera, in place of licensed plumbers that the city ordinance now may requtre. So are We preempting those local governments from having plumbers hook up this, if your -- if this bill passes? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynski. SENATOR BURZYNSRI: I That's -- that's a good quesEion, Senator Jacobs. I do think I there's, however: still a misunderstanding. Homes are -- are I installed now withoue licensed plumbersr et cetera. They are I installed according to local guidelines. This is not going tc take those local guidelines away. What we fre trykng to do is I I I ensure that warranties are maintained; that people have adequately I I installed manufacEured homes and those homes are safe. This I I really, I think, goes above and beyond the issue that youlre I addressing. I PRZSIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs. SENATOR JACOBS: I Just to follow up to make sure I understand it correctly. If a city has a requirement tbat a licensed plumber must do thatr that is still in effect. Correct? PRESIDING OFPICER: (SENATOR MAITLAND) I I senator Burzynski. 1 133  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 SENATOR BURZYNGKII That's my understandingr yes, sir.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Burzynskiy to close.

I would just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall Senate Bill 429 pass. Those in favor will vote Aye. Opposed, Nay. The votlng is open. Have al1 voted Nho wish? Have all voted who wish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there are 47 Ayes, 5 Nays, 1 Member voting Present. Senate Bk1l 429, having received the required constitutional majorityy is declared passed. Senate B(11 432. Senator DeAngelis. Senate Bill 434. Senator Cronin. Read the bill, Mr. Secretary.

Senate Bill 434. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Cronln.

Thank you, Mr. President, Ladies and Gentlemen of *he Senate. This bill makes the Public Aid recipient Bill of Rights applicable to applicants for and rectplents of child and spouse support services. There is no knoWn opposition to thls bkll. It does two things specifically: allows child support recipients and applLcants who aEe appealing their case to review their case file, which is maintained by Department of Public Aid; and it also, secondly, extends the Publlc Aid recipient Bill of RighEs whtch already exlsts under current law to recipients of and applicants 134 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 for child and spouse support services. l ask for your favorable consideration. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Is there discussion? The question is, shall Senate Bill 434 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who Wish? Have all voted who wish? Have a1l voted who wish? Take the record, Mr. Secretary. On that question: there are 58 Ayes, no Nays, no Members voting Present. Senate Bill 434, having received the required canstitutional majorlty, is declared passed. Senate Bill 439. Senator Cullerton. Read the billr Mr. SecreEary. SECRETARY HARRY: Senate Bill 439. (Secretary reads title of bill) 3rd Reading of the blll. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cullerton. SENATOR CULLERTON: Thank you, Mr. Presidentr Members of the Senate. This blll deals with the proeedures employed for relocating children outside of Illinois. This issuef of course, oecurs when there is a custodial parent that wants to move and this bill addresses thaE. Now, the current law says that if you are a custodial parent and you want tc move anywhere wfthtn the State of Illinclsg you don't need any court approval; however, if you want to move outside the State of Illinoisy you need court approval. So what this bill does is to ftrsE say thatr even if you're moving out-of-state, if it's within ninety miles of the child 's resldence, then you dcn't need court approval. But if you are going to move out-of-state and you're going to move more than ninety miles, the bill calls for a provision where you'll give notice to the other side; they have three weeks to respond. If they object, then you have a 135  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENAT: TRANSCRIPT 42nd Legislative Day May 3: 1995 hearing, and then the court, in determining Whether to grant or deny tbis petition to relocate the child, they shall conslder the distance of the move: the motives of the party seeking to i I relocate, the motive of the parent opposing the relocatlon, the ! I .. 1 visitation rights of *he noncustodial parent, Whether a rgalistic I visltation schedule can be reached, the time and the cost involved in the vlsitation, and any other appropriate faceors consistent with the child 's best interest. And the burden o' proving that *he relocation is in the best interest of the child is on the party that seeks the relocation. This bilL ts supported by a number of organizations - the Jewish Federation cf Metropolitan Chicago, Illinois NOW, the Coalition Against Domestic Vtolence, the Citizens Assembly . We do nct address the issue of relocation within the State of Illinois. There are -- there are people, cther organizations, that are lnterested in -- in requiring a court order or court approval if you want to move within the State of Illinois mcre than ninety miles, but this bill does not address that issue. The 1aw would remain the same With regard to that provision. So 1'11 attempt to answer any questions and ask for a favorable vote . PRESIDING OFFICER) (SENATOR MAITLAND) Further discussion? Senator Hawkinson.

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

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield, Senator Hawkinson.

senator, you had SenaEe Bill 438: which also passed out of committee, which did address the question of intrastate noves more than nine*y miles. Can you tell us Why you fve decided to go with this one rather than, I think, the Bar Associaticn versicn? I i PRESIDING OFFICER: (SENATOR MAITLAND) I i l36  STATE OF ILLINOIS 89TH GENERAL ASSEMELY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Senator Cullerton. SENATOR CULLERTON: I I Yes. The -- as I understand it: the Bar Association was not I I opposed to any of the provisions in this ' bill, but they wanted to 1 .. go further and requîre that if you were going to move or relocate j a child more than ninety miles from the chikd's residence, even lf it was withln the State, that you'd need court apprcval. There were a number of opponents to that measure, because that would be a change in the law, and some think a dramatic change. So we eould not reach an agreement with those organizatlons and the Bar Association. So as a resultr I decided to take the -- the ccmmon denominator, Which is the -- this provision, which T was no* aware -- I'm not aware of any opposition to this.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hawkinscn.

Well, my only suggestlon Wculd be that -- that we're expanding the righes to move, really herer Within ninety mlles out-of-state, whereas now there is no right unless you go tc courk, and that perhaps some of those Who -- Who oppose any -- the Bar AssociaEion version to galn the -- the extra measures that you 're providing for, in 439, withaut some reasonable resErictlon in the rights of noncustodial parents. It's an issue you might want to constder to -- to -- to 8a1k about as khis moves to the House.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Senator Cullerton, do you Wish to close, sir?

Xes. I do appreeiate that issue raised by Senator Hawkinsony and I'm veryopento that If -- if there is an agreement With . 1 I regard to reasonable limitations or court approval with regard to I I l37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 42nd Legislative Day May 3, 1995 I moving withln *he State of Illlnois, I'm certainly open to it. At this point I think this is a reasonable request, though. If -- if someone goes from Chicago to Gary, Indiana or Hammond, or from Bellevllle to St. Louisr it doqsn't make sense to havg to have a court hearing if they're only going a short distance, and in this resard: it would cut down on the -- on the -- the court hearings. I think it's reasonabke to have thys nileage limitation ln the bill, and would, once again, urge a favorable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) The questlon is, shall Senate Bill 439 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have al1 voked who wfsh? Have all voted who Wish? Take the reccrd, Mr. Secretary. On that questlon, there are 56 Aye, nc Nays, l Member vottng Present. Senate Bill 439, having received the required constitutional majority, is declared passed. END OF TAPE TAPE 4

PRESIDING OFFICER: (SENATOR MAITLAND) Senate Bill 465. Senator Maitland. Senator Maitland seeks leave to have Senator Rauschenberger handle that bill. Is leave granted? Leave is granted . Read the bill, Mr. Secretary. SECRETARY HARRY: ' Senate Bill 455. (Secretary reads tl*le of blll) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR MAITLAND) senator Rauschenberger. 138  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 I 1 SENATOR RAUSCHENBERGER; Senate Bill 465 is a shell or vehicle bill that's -- We're posttioning for implementing languaqe as we qo further on the budgetary process. It's a substantive bill to qllow for the substantive changes that may be necessary.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discusslon? The -- Senator Severns.

Thank you, Mr. President, Members of the Senate. Since this is a vehicle bill that we don't know what's going to be contalned, kncluding Medicaid borrowing, et cetera, I would urge a No or Present on this side. PRE:IDING OFFICER: (SENATOR MAITLAND) Further discussion? Further dlscussion? Senator Rauschenberger, to close.

For the purposes of clarification, thgre's -- there's no need to put Medicaid language kn there . The Governor has taken that out of discussion, and he already currently has whatever authocity he needs if he Wants to do Medlcald refinancinq. So, I appreciate your concerns. In the pastr frequently, we've just taken a bill moving around and gutted it to put the inplementatian language. This is a -- an action by EenaEor Mattland to identify the bill so people can track it and watch it. Youfre certainly Welcome ta vote how you think is -- is necessary. But I -- 1 don't thlnk there's -- I think it's a good Yes vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzlos for what purpose do you rise? The Gentleman was closing.

Oh, he Was. I'm sorry. I -- I just had a thought here. l39  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leglslative Day May 1995 There's probably the eliminaticn of the Prompt Payment Act or something; but it just just a thought.

PRESIDING OPFICER: (SENATOR MAITLAND) The question is, shall Senate Bill 465 pass. Jhose in favor will vcte Aye. Oppnsed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record, Mr. Secretary. On that question, there are 33 Ayes, Naysr 14 Members voting Present. Senate Bill 465, havtng received the required constitutional majcrity, is declared passed. Senate Bill 501. Senator Weaver. Senate Blll 502. 505. Senate Bill 506. Senator Tom Dunn. Read the bill, Mr. Secretary.

Senate Bill 506. (Secretary reads title of bill) 3rd Readtng of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Tom Dunn.

Thank you, Mr. President. This blll would provide that al1 health care professionals to disclose their prior health aare jobs on any appltcatton when submitting for employment to a health care professional. All health care employees would have to employers would have to know the -- notify the DPR of any convictions: and would create a -- a fine of a Class A misdemeanor for failure to list your prior employment on a job application. The second portion of the bill dealt with an amendment that was proposed by the Medical Society, a'nd that Would require HMOs to repcrt to *he Medtcal Disciplinary Board any conduct by a physlcian resultlng termination or restriction. This tncident, you will recally arose in the papers With a physician up on the north side who sexually abused patients, and there was even a later incident, where a nurse who worked in l40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Wisconsin as a lab technician, who was paid by the number of : I diagnoses she made per day - what we used to call pkecework - and I she nisdiagnosed on -- on a couple of those and that individual I i camedownwlthcancer. Thatnurse--lab--laboratory asslstant then came to Illinois and failed to put on her application that j . she had this incident. Sor this is a bill that would protect patlents from individuals who have had a prfor record and do not disclose it. I urge an Aye vote.

PRESIDING OFFICER: (GENAQOR MAITLAND) Is there discussion? Is there discussion? The question is, shall Senate Bill 506 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wlsh? Have a1l voted who wish? Have a11 vcted whc wish? Take the record, Mr. Secretary. On that question, Ehere are 56 Ayes, no Nays: no Members vcting Present. Senate Bill 506, having recetved the required constltutional majority, is declared passed.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley, on Senate B1ll 532. Read the billr Mr. Secretary. Out of the record. Senator Watson. Senator Watson. Senator O'Malley, on Senate Bill 554. Senator DeAngelis, do ycu Wish to seek -- have tbis bill back on 2nd Reading for the purposes of an amendment? Senator Dehngelis, do you seek leave? Senator DeAngelis seeks leave of the Body to return Senate Sill 565 to *he Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 565. Mr. Secre*ary, are there any Floor amendments approved for consideration? 1

Amendment No. 1, offered by Senator O'Malley. PRESIDING OFFICER: (SENATOR DONAHUE) 1 1 Senatcr O'Malleyp on Anendment No. 1. i SENATOR OIMALLEY 1 : 1 l41 ' ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legkslattve Day MaY 1995 Thank you, Madam President and Members of the Senate. Senate Floor Amendment l to Senate Bill 565 deletes the provisions in the original bill and becomes the blll. What it prcvide -- the provisions of this amendment include: Renaming the board of appeals as the board of review; adds a third member to the board ; provides that each member shall be elected from one of the districts that will be created under the law, that will serve from those districts as opposed to at large across the county, and will serve on staggered terms; provldes that any decisicn of the board must be unanimous, whicb is consistent wkth the -- the -- the current rules under the -- in the board -- in the Board of Tax Appeals of Cook County; directs that the General Assembly to actually apportioa the district areas; and gives Cook County properEy taxpayers access to the State's Property Tax Appeal Board, the same as all other counties, beginning Wfth the 1996 assessment year.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussfon? Senator Molaro.

Thank you, Madam President, Ladies and Centlemen of the Senate. Can I ask the sponsor a question? Would he yield?

PRESIDING OFFTCER: (SENATOR DONAHUE) fndlcates hedll yield, Senator Molaro .

Thank you. Senator, I assume this goes strictly to Cook County and presently We have two members of *he Board of Tax Appeals. Does this bill -- does your amendmentr now covering the same arear which Would be Cook County, now We Would have nine board members lookin: at three different sections? How many board members would there be?

PRESIDING OFFICER: (SENATOR DONAKUE) Senator O'Malley. 142  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3: 1995

Senator Molaror there Would be three board members.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Molaro.

Well, yoadve -- youdve knocked them into three subdistricts, i: would be the same three members looking over the entire three districts, or would there be three members per each dlstrict?

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

Senator Molaror each one would be elected from a dlstrict.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Molaro.

Yes, but just to get this clear, 'cause I'm -- I'm trying to read this correctly. Says the board of review shall conslst of three membersy one elected from each district. So we're going from two to three members, I would assume. The cther thing dc you have any -- anythin: inside the amendnent - Would Chtcago, and of itself, be a district or could it just cut down lines anywhere?

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

The apportionment would have to be dcne in the LegislaEure and conform to the law, including the constitutlonal provisions, one nan/one vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Molaro .

Would this currently then eliminate the Board of Tax Appeals 143  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislattve Day May 1995 that we have in Cook County now: that's an -- ae large?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator O 'Malley. SENATOR O 'MALLEY; The -- the -- the members --- the currenk members would be replaced by this board. If that's your yes yes, it Would -- it Would replace that -- that sitting board of two members.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Molaro.

One last questlon. Do we have any fiscal impact as to how much it would cost us to do the reapporkionment, spend the money to do this -- hcw many -- to pay the board members, to have extra staff, to wtnd up having extra elections dlfferent counties? Do we have any idea hoW much this Would cost us?

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

Xeah. A fiscal note request was made and according to the Department of Revenue - and 1111 read -- 1'11 quote directly from it, their conclusion - ''The legislation may increase costs for the State Property Tax Appeals Board as Cook County property owners are allowed aecess to the Board, and, as a result, the case-load would increase Ksic> (increases). However, the amount of any increase, if any, is undeterminable.''

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

Thank you, Ladles and Gentlemen of the Senate. rise opposition to the amendment as I did in -- in...

PRESIDING OFFICER: (SENATOR DOXAHUE) Excuse me, Sena*or Berman. Senator Berman. 144  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislativê Day May 3, 1995

From the point of view y Ladies and Gentlemenr of the residential property Eaxpayers in Cook County, I've got to tell you that what you are doing is probably hurking them. Over half the appeals that go before the presently existing Board of Appeals by residential property taxpayers are granted. Half get relief. Now thaEîs after a process that the Cook County Assessor's Office currently provides, where residential property taxpayers can go before the Assessor's Office and contest their assessment. NoW what you're golng to do is create a new bureaucracy of three elected officials with their own staff, that will probably far exceed the existin: staff or the county-paid-for Bcard of Tax Appeals. What youdre going to do is have the State pick up the tab under this bill. Our estimate, according to our staffr is that you are not only going to increase State costs, but your going to increase the waiting period to get a result. The Property Tax Appeals Board has an eighteen-thousand-case backlog at the present time. And what you're going to doy under this amendment, is probably at least double their caseload. So, instead of an eighteen-thousand-case backlog, you may be talking about a thirty-five-thousand-case backlog. This bill hurts Cook County property -- residentlal property taxpayers and Will hurt downstate property taxpayers. I urge a No vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator O 'Malley, to close.

Thank youy Madam Chairman. There's been a sufficient amount of dlscussion I hear, so that everybody understands what's in the bill. I'd only comment that I think what we're attempting to do here is allow the citizens of Cook County to enjoy the same due process rlghts with respect to tax appeals - property tax appeals  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 42nd Lggislative Day May 3, 1995 - as are enjoyed by the rest cf the citizens of Tllinois. request your support.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones, for what purpose do you rise? The man was closing.

Yeah. Thank you -- thank you, Madam President. Senator O 'Malley...

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jonesr he was closing.

Why wasn't my light on?

PRESIDING OFFICER: (SENATOR DONAHUE) No .

Well, I apologize for not...

PRESIDING OFFICER: (SENATOR DONAHUZ) Welle I'm sorry, he was closing . The question ls...

Madam -- Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) Yes, Senator Jones.

I apologize for you not being able to see my light.

PRESIDING OFFICER: (SENATOR DONAHUE) Your light was not on, sir.

Well, since since you say it Was not on, then I -- request a roll call vote.

PRESIDTNG OFFICER: (SENATOR DONAHUE) Roll call is questioned <sic>. On Senate Amendment No . to Senate Bill 565, al1 those in favor vote Aye. Opposed, Nay. 146  STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 The voting is open. Have all voted Who wish? Have a11 voted who wish? Have voted who wish? Have al1 voted Who wish? Take the record. On that question, there are 31 Ayesr 26 Naysr l votlng Present. Amendment No . 1 to Senate B111 565 is adopted. Are there any further Floor amendments?

No further amendments reported, Madam President.

PRESIDING OFPICER: (SENATOR DONAHUE) 3rd Reading. Senator Maitland / on Senate Bill 573. Read t*e btll, Mr. Secretary.

Senate Bill 573. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFEICER: (SENATOR DONAHUE) Senator Maitland .

Thank you thank yau very muchr Madam President. Senate Bill 573 is just What your analysis says. It is a -- it is a Shell bill.

PRESIDING OFPICER: (SENATOR DONAHUE) Is there any diseussion? Senator Collins.

Yes. Thank you, Mr. President and Members of the Senate. Senator, know thls is a shell bill, but amending the State Finance Act is -- ts -- is serious business, and r I Ehink ehat for the purpose of Members on this side of the aisle thaty ycu knowr we should at least vote No or Present until Ne see what is going to be contained in this bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Any further diseussion? Any further discussion? Senator Maitland, to close? The question is, shall Senate Bill pass. 147  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Leqislatlve Day May 3, 1995 Those in favor wlll vote Aye. Opposed, Nay . The voting is open. Have a11 voted who wish? Have voted Who wish? Have a11 voted who Wish? Have a1l voted Who Wish? Take the record. On that questiony there are 33 Ayesr 11 Nays. 10 voting Present. Senate Bill 573, having received the required constitutional majority, is declared passed. Senator DeAngelis: for What purpose do you rise? SENATOR DeANGELIS: None.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Wocdyard, on Senate Bill 584. Read the bill, Mr. Secretary.

Senate Bill 584. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHDE) Senator Wccdyard.

Thank you: Madam President and Members of the Senate. This is the ethanol labeling btll, and due to the fact that Senator Ralca generally asks me to take my bllls out of the record, I Would ask that this bill be taken out cf the record.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Bowles, on Senate Bill 597. Senator Parker, on Senate Bill 601. Senator Parkerr on Senate Bill 601. Senator Donahue seeks leave to bring <sic> Senate Bill 611. Leave ls granted. Senator Raicay on Senate Bill 618. Senator Butler, on 620. Do you seek leave of *he Body to return the bill to the Order of 2nd Reading? Senator Butler seeks leave of the Body to return Senate Bil1 620 to the Order of 2nd Reading for the purpases cf an amendmenE. Hearing no objection, leave is granted. On the Order of 2nd Reading ls Senate Bil1 620. Mr. Secretary, are Ehere any 148  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 1a# 1995 Floor amendments approved for conslderatkon?

Amendment No. offered by Senator Butler.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Butler, on Amendment No.

Thank you, Madam President. Ladies and Gentlemen: Amendment No. l clears up some confusion. It is a technical correction to be certain that this is a prcspective -- is prospective, perlod.

PRESIDING OFFICER: (SENATOR DONAHDE) Is there any discussion? Any discussion? A11 those favor will say Aye. Opposedy Nay . The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

No further amendments reported, Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Rauschenberger, on Senate Bill 630. Senator Parker, on Senate Bill 636. Senator DeAngelis, on Senate Bill 657. Read the bill, Mr. Secretary.

Senate Bill 657. (Secretary reads title of bill) 3rd Readlnç of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Thank you. There is an amendment, but it's on 658, right? Welly I'm going... No, Nait. PRESIDING OFFICER; (SENATOR DONAHUE) Out... SENATOR DeANGELIS: l49  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 I No -- no. We're not going to run the amendmenk. So I'm going to run both bllls.

PRESIDING OFFICER: (SENATOR DONAHUE) 657 has been ready Senator DeAngelis. So we 're on the Order of 3rd Reading with Senate Bill 657. Senator DeAngelis. SENATOR DeANGELIS) Thank you, Madam Chairman. I Was going to roll 657 intc 658, because someone might have had use for this bill, but I'm going ahead and just run them separately. Several years ago we passed a bill that allowed any area that was less than ten percent of the EAV to detach, by petitian, provided that it joined with the district that was coterminous. We have had a lot of little pockets in dual districts where one or two students, or three or five students, have ta go to a different school than the -- than the high school that their normal elementary school would go to . In fact, We have one schcol district in my Dlstrict l61 that sends their junior high students to five different high schools, and in some instances, there 's only one student ouE of four hundred going to a different high schcol. The bill, on it's facer appeared to be working well, till a11 of a sudden the ever litigious schools decided that if they didn't like that, they would go to courtr and even thoush tbey were krong, they felt they could fatigue the opposttion into compliance. And in most instances, they will, because the cost of litigation is so heavy. Recently, it -- lt reached such an extreme that -- that one particular detachment petitionr having exhausted a11 cther resourcesr a school distrlct having spent over tWo hundred thousand dollars in legal fees/ then further went to the federal courts and asked for an injunction on the grounds that it violated the Fourteenth Constitutional AmendmenE. I mean, absolutely an absurd charge. But I dcn't know if you've ever had to fight a challenge on a constitutional amendment - I can *ell you iE's very expensive. So what this bill 150  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 is doing is it simply says that -- and I'm going to surrender to ehose guys in part. I'm just sayinî that if there's a petition that's out there and satisfactory, that the schcol has :he choice of paying the tuition for that student or letting him or her go and the Whole area go to the oEher school district. In other words, they're gotng to make an economic deeision) If they feel kt's better for them to just pay the tuitlon of that student to the other school that they petition tor they can do that; if not: they can except the petition and allow the entire district to detach.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seein: none, the questlon shall Senate 657 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted Who Wish? Have a1l voted who wish? Have al1 voted who wish? Take *he record . On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 657, having recelved the required constitutional majority, is declared passed. Senator DeAngelisr on Senate Bill 658. Read the bill, Mr. Secretary.

Senate Bill 658. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Thank you. On the same subject. What has happened: in one of *he school districts that into multi-jurisdicEions, *he trustees of every jurisdkction must approve - Nhich Will -- never going to happen so I just took that jurisdiction approval and moved it to the State Board of Education.

PRESIDING OFFICER: (SENATOR DONAHUE) 15l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Is there any further dlscussion? Any discussion? Seeing noner the quesEkon is, shall Senate Bill 658 pass. Those favor Will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 56 Ayes, no Naysr none voting Present. Senate Bill 658, having received the required constitutional majority, declared passed. Senator Cronin, on Senate Bill 662. Senator Karpiel, cn Senate Bill 674. Senator Maitland, on 682. Read the bill, Mr. Secretary. Do you Wish to have that bill on the Order of 2nd Reading? Senatar Maitland seeks leave of the Body to return Senate Bill 682 tc the Order of 2nd Readlng for the purposes an amendment. Hearin: no objection, leave is granted. On the Order of 2nd Reading Senate Bill 682. Mr. Secretaryy are there any Floor amendments approved for consideration?

Amendment No . 1: offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland , on Amendment No. 1.

Thank you very much, Madam President, Members of the Senate. Senate Amendment No. to Senate Bill 682 provides the Illinots Community College Board with certain emergeney powers only if both of the following ineidents occur: Number one, a community college dlstrict falls to meet ICCB recognltion standards; and, the dtstrict's auditor, or the ICCB cooperation With the districtls auditor, ln accordance with a Wide range or accepted accounting standards, finds misuse of funds or material deftciencles design or operation of financial control structures that could affect the district's financial stability. Thls bill got eaught up -- this amendment was a -- was a House bill that got caught up the deadlines over there. It had passed over there, out of l52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 committee, 10-0. Passed out of eommittee here on an atkendance roll call. And I Wculd be happy to answer any questicns, Madam President, otherwlse would appreelate your support for Senate Bill Senate Floor Amendment No. l to Senate Bill 682.

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

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

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

Senator Maitlandr there has been some concern expressed to me that this could be a vehicle to elose schools, as oppcsed to an emergency power or technical assistanee. Could you give us assurance that this bill Nill not be used for that purpcse?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maltland.

Senator, I -- I absolutely will. I took this bill based upon the merits of the bill alone. It's an attempt to help perhaps a - - a troubled school or tko. There's no intent to do anythlng okher than that.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer, we are on an amendmentr No. to the Senate bill. Webre not on 3rd Reading to discuss the bill. Further discussion? Senator Clayborne.

Yes. Would the speaker yield, Madam President?

PRESIDING OFFICER: (EENATOR DONAHUE) Indicates he'll yield, Senator Clayborne.

Yes. Senator Maitland, What is the eurrent proeedure a 153  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 1995 city if a community college fails to receive reccgnition?

PRESIDING OFFTCER: (SENATOR DONAHUE) Senator Maitland.

Senatcr, I'm I'm rellablg informed that about the only thing they can dc is just not allow for -- they would not be able to seek the State grants, et cetera. know the purpose of - - of your concern. It's -- you're had some difficult situations down there. This really, I think, is designed - as I am told to assist and not hinder your community college.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none, a11 those in favorr say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there further amendments approved for consideration?

No further amendments reported. PRESIDING OFPICERt (SENATOR DONAHUE) 3rd Reading. Senator Lauzen, on Senate Bill 720. Read the bill, Mr. Seeretary.

Senate Bill 720. (Secretary reads title of b1ll) 3rd Reading af the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Thank you. Senate Bill 720, as amended, provides a forty-five-day opportunity for local government to hold a publlc hearing and approve cr disapprove any Illinois Housing Development subsidy to developers for this agency's projects. This legislation is supported by the Illlncis Municipal League, and I'd l54  STATE OF ILLINOIS 89TH GENERAL AESEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legtslative Day May 3, 1995 be happy to answer any quesEions.

PRESIDING OFFTCER: (SENATOR DONAHUE) Is there any discussion? Senator Collins.

Senatorr in committee we -- we had some dlscussicns and concerns reference to this bill limitin: access to low-income subsidized houstng to people who are critically in need of -- of housing . And there was an amendment placed on the bill and I thought it was going to provide some chançes, but from what my understanding of the amendment is, is simply, it gives them the same authority, but it's after the -- the, you know, before the bonds are issued. Sox in other words, the amendmenk does very little to respond to the problems that we had with the bill -- that was discussed in *he bill -- that we discussed in the - - tbe -- in the committee. As a natter cf factr think it makes it worse, because you have spent more time -- the developer would have spent more tlme and energy moving this project to a state where they can, in faet, go after the bond issuing and -- and -- issue, and then at that point youdre saying that they can reject -- the local government can, in fact, reject the project. Now I do think thak al1 units of local governments, currently under existing law , have the rlght, through zonlng mechanisms and other available remedies to them, to deny any development in their area. think this bill, though, could, in fact, be perceived, real or imaginary, as being a way to isolate and minimize the developmenk of low-income housing certain areas. And I -- and I -- and there is a movement across this State and nation to kind of do those kinds of things. And -- and iEls kind of frightening. And so, I think, in this atmosphere, this bill could be perceived the wrong wayr and I would just suggest to people on this aisle, please do not vote for it.

PRESIDING OFFICER: (SENATOR DONAHUE) l55  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Further dlscussion? Senator Palmer.

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

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

Senator Lauzen, are you aware of the fiscal note and the findings that are here? For the Members of the Senate, let me just point out what thts saysr that this bill, 720, as amended, Would be five hundred seven thousand five hundred dollars per year: and that in addition to what the Illinois Housing Development Authority is already costing. And I know that you are a fiscal ccnservative, so I'm wondering why you would promote a bill like this that obviously is going to be very costly.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Thank you very much, Senator. This -- the fiscal note is before the amendment that was placed on the b1l1 yesterday, and I would say -- my reaction the fiscal note is that I -- I believe that exaggerated . When lists that three clerical staff members and six professicnal staff persons are neededy think that that, in my opinion, is an exaggeration. However, even if it's not an exasgeration, one of *he purposes of the amendment that was placed on this bill, through negotiations With the Illinois Housing Developmen: Aukhority, addressing some of Ehelr concerns, went to that fiscal note.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator del Valle. SENATOR dEL VALLE: Thank you , Madam President. A question for the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) l56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 Indicates helll yield, Senator del Valle. SENATOR dEL VALLE: Senator, what problems are we attempting to get at with this bill? And is this bill an iniklative of the Illinois Association of Housing Authorities?

PRESIDING OFFICER: (SENATOR DONAHUE) Senatcr Lauzen.

First of all, to answer your second question firstr it is not. Secondly, where this legislation comes from is cne of the towns that is in my district. The situation was that about a hundred and fifty to two hundred residents of a certain area came to a city council meeting. There -- they were given *he oppcrtunity -- three people were given a chance to speak for three minutes or less and then a city councll member stood up and saidz ''This is a State matter; we have nothing to say'', and there was -- there was nothing more that these hundred and fifty to two hundred people could do except deal With a State -- a State agency. I was in the audienee in the back row with my eight-year-oldr and I remember thinking at the timey this is clearly a zoning issue and it's a loeal issue. But, you see, we haPe confusion in the law, and therefore, the need for this legislation to clarify Locals point down Eo the Statè. State points back to local, and what happens is those hundred and fifty to two hundred people who live in that area have nowhere to go, except to try tn find their way Ehrough a bureaucracy in the State of Illinois.

PRESIDING OFFICER: (SENATOR DONAHUE) Further -- senator del Valle. SENATOR dEL VALLE: Well, to the bill: I understand what youlre saying, ienakor, and I'm al1 for ensurin: public participation, but think what this bill does is it sends the wrong messase. I thlnk khat we  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 1995 should be we, at the State level, shculd be supportive of the development of affordable housing. IHDA is responsible for developin: not only low-income housing, but also moderate-income housing. And there are many individuals, many fapllies, who are benefitting from -- from the Work of -- of IHDA. As was stated earlier, there is a fiscal impact. Over half a milllon dollars that eould be used to develop additional houslng will now, under this b1ll, have used be to -- to deal With -- with your -- your proposal here, and I would say that the State of Illinois, yesy should be in the business of encouraging the development of affordable housing throughout the entire State, and what this bill does ls that it presents an obstacle. And we may very well have a number of areas who wi1l refuse - refuse - to go along with having affordable housing placed in their communities. And I think that's wrong . I think Ehat the way to deal with affordable housfng ls scaEter -- to scatter it throughout the entire State. What your bill dces is that it -- golng to force probably cantinued concentration of affordable housing only certain areas. And that's not good. Tt's not good for the residents and it's not good for the State of Illinois. So I urge a No vote.

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

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

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yieldr Senator Jacobs.

Is it true that, in Dupage Countyr 1oW income is classlfied at thirty-seven thousand dollars?

PRESIDING OFFICER: (SENATOR DONAHDE) Senator Lauzen. l58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 42nd Legislative Day May 3, 1995 SENATOR LADZEN: I don't have those figures. Sorry. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs. SENATOR JACOBS: According to our analysisy that's what it says, but kidding aside, I guess. Are we not affecting a number of the policemen and firemen that work in those communities, that noW cannct afford housing? Aren't We forcin: them to leave Where they live to go somewhere elser because they candt get affordable housing? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen. SENATOR LAUZEN: I -- no -- nor it does not. It's an interesttng -- and I apprectate that question, because some people Would mischaracterize this legtslatlon as being llke NIMB? - nct in my backyard - or no to any kind cf development. Within my own districtz Senator Jacobs, I have examples: in cne area where the people came forward to express their concerns; yet, in another area, in my hometown for forty-two years in Aurora, we have Copley Hospital, where theylre building a neW hospital and they want to redevelop khe old site Where three of my chkldren come from, and there they Want ity and so the community has gotten behknd it. And so, it's -- it's not a matter -- it's -- it's a matter of getting the local support for the development. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs. SENATOR JACOBS: Just one final question. Also along that same line, are we forcing senicr citlzens away from their children? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen. l59 ' . !  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 ; I SZNATOR LAUZEN: I l No, I don't -- I dontt believe so. Y5u know -- no, I don 't think so.

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

Madam President and Ladles and Gentlemen of the Senate. In my particular city, we have more subsidized housing than any -- that any other place except for Waukegan. We, too, have the most. And it's not fair, because it's affecting our schoolse radically. And al1 this bill's trying to do is give lt a fair hearlng before a local body who can tell whether we have the need for it and whether we can accommodate it. I think kt's only fair, 'cause we have other areas that have none - no subsidized housing. And we are the ones sat upon. In facty there's a developer whc didn't quite qtve the true story to the Mayor in my town, and golng under IADHA <sic>, he wants to build two hundred and fifty-three apartmentsr and -- which is devastating to the tax base and also to the school base. So, all I'm asking is you support this bill, as amended, because it gives a chance far a fair hearing in the community. And if the communlty needs it, it'll happen. So I urge an Aye vote.

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

Wikl the sponsor yield?

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

Senator Lauzene as amended, is the Illinois Hausing Development Authority in faMor or opposed to the bilL?

PRESIDING OFFICER: (SENATOR DONAHUE) 160 . ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 1995 Senator Lauzen.

Because cf the negotiatiensy they are now neutral.

FRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton. SENATOR CULLERTONJ And do I understand that, right now under the b11l, instead of just requirin: a public hearing, something which think I eould certalnly supporte you are -- also are requiring or allowing local governments to veto whether or not the project can go there or not. Is that correct?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Thank you, Senator. The it does not require a publie hearing. does allow a public hearing. But the second part of your question, basically khe answer yes; does allow a disapproval in that process, if they select to have a hearinq.

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

Thank you very much . Will the spansor yleld for a question?

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

Senator Lauzen, I believe that particular housing develcpment that you're talking about is not in your districtr but happens to be in mine. Is that true?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

I'm under the impression that lt's my district. did -- 16l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 did attend the meeting and I did talk to the hundred and fifty , two hundred people: and then arrange the hearing at a local church the following Saturday. But, you want to claim that area, you may be right.

PRESIDING OEFICER: (SENATOR DONAHUE) Senator Fawell.

Senator Lauzen, it is in my district and 1, too, Went to a hearing. personally went around and talked to the neighbors. You said it was not a NIMBY thing. It was a NIMBY thing. Tt happened to be a home for the mentally Is that the one you're talking about?

PRESIDENG OFFICER: (SENATOR DONAHUE) Senator -- or, Senator Lauzen.

No. That's absolutely a different issue. So maybe that home is in your district. This developmenty called Country Woodsy is ln my district.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell.

A11 right. The problen with ycur bill thenr as T see it, indeed what is going to happen is it is goin: to affect homes. I have been on the board, for instance, for the Senior Home Shartng Group. Now, the Senlor Home Sharlng Group is actually, in effect, a commune for -- for seniors who are too o1d to stay in their own apartments and, yet, don't really want or need the services of a nursing home. And so we comblne them. We allou eight seniors. They recelve Ehat money from these agencies. When We first put the first one in, in Lombardr believe me, it was a fight to the finish to try and :et therer to gek this home established. Now, the homps are êstablished and -- and the towns are now coming l62  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legtslative Day May 3, 1995 to us and saylng, ''Great idea; we would like one.'' When we first put *he home for the mentally i1l in, Glen Ellyn Woods, Which is in my neighbcrhood, we had people that said, ''This is a terrible idea; you can't do this; we mustn't do this.'' These people have now been accepted, and think if people gradually learn that there 's -- these people are not harmful either to their neighborhood, nor will they be harmful to their -- their -- the -- the assessed valuation of -- of their homes the nelghborhood, that this will be -- become an accepted thing. When we put a home in on Gary Avenue in Wheaton for the develcpmentally disabledr same Ehing - nobody wanted them. Senator Lauzen, we are under a court order right now to get a hundred and forty thousand people out of institutions - a federal order - and if we don 't do then the feds are going to come in and -- and make us do lt. Now, you know, a 1ot of that money in Dupage County is being used for those kinds of homes. This amendment -- this bill will destroy that ability to be able to handle those people. I -- it may not have been your intention, but that's what's going to happen. I don't think it's a gcod idea and I think we ought to think twice before we go jumping off this cliff.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Senator Klenm . SENATOR KLEMM; Well, thank youy Madam President. -- want to thank Senator Lauzen for his willingness to try to resolve some of these questions that you have when the bill gets over to the Senate -- or, the House. But one of the reasons why I support the blll, and 1et me give you a fast example. We had two projects ln our counky that were for low-income and senior citizens and no one opposed Ehose projecEs. There Was ncthing wrong with then and We -- We thought they Were pretty good . But what we didn't like about them is is thaE the subsidized rents for thak were from seven  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 hundred to a llttle over a thousand dollarg a month. Okay? The cost of apartments in our community for the comparable apartments were from four hundred and eighty dollars to seven hundred dollars a month. But we were going to pay, from tqxpayers subsidizing the -- the developer, two, to three, to four hundred dollars a month for each unit every monthy year in and year out, because we had nothing to say about it. The community said, ''Hey, work with us. Why don't we just give them that money? They can get apartments that are vacant our community, help the economy, let them pick thelr home. It would say the taxpayers millions and millions of dollars.'' ''Sorry, ycu have nothing to say about it. Too bad. Up yours'', they said. That's nct right. If we want to save some money for Illinois and yet gtve these people an opportunity, we could serve more people lf we had those extra dollarsr without raising taxes, without taking money from schools. We can do something about it. Senator Lauzen's trying to do that. Sure, there may be some changes he wants to do in the House. Let's give him that opportunity. Let's try to work, for once, to have local government and local people help State government do the job. That's what it's al1 about. I Support the bill and I hope you'll join him.

PRESIDING OFFICER: (SENATOR DONAHUE) FurEher discussion? Senator Collinsr for a second time.

Yes, thank you, Madam President and Members of the Senate. -- I just felt compelled to -- to respond to the last speaker, because I tell you, it -- it's a real shame if -- if Ehose cf us who are in this Chamber today is ls -- is opposed to the -= Ehe fair market value to be paid for rental apartments by low-income people. And I Ehink, Senator Klemm: the federal government Senator Klemm the federal government, I understand, is -- is going to work on that. I support the -- the proposition, too, l64  jTATX OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 that rent should be based on the fair market value of a given area, no matter whether they subsidize housing or not, and that' would most certainly free up more money for more subsidized housing. But Ehis bill has nothing to do with that. You know and know it, and the sponsor knows it, toc . This bill is designed to -- to -- to regulate and discriminate where low-income housing go, be for senlor citizens, be it for any other group of people, that they decide - they decide - by their standards - their community standards, who are undesirable for the socially and economically undesirable to be in their neighborhood. That is what this bill is all about. Yau know it: and I know it. And, Senator Klemmr shame on you. You know that is not why the - - is -- is before us.

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

Thank you, Madam President. First of allr in closing: I'd like to say that I'm very supportive of Illinois Housing Develcpment Authority's mission of providin: affordable housing. also apprecia*e Mike Rose and other mgmbers of that agency's help fashioning a pieêe of legislation that satisfies some of the concerns. It's the premise of this legislation that the success of any low-income housing development cannot be achieved Without the cooperation of the local communlty in which itis located. Therefore, the elected governing body of the cityr town, village or county, as the case may be, shall have the right to decide whether a low-income housing development subsidized their area and whether it's consistent With the comprehensive plan for their particular community. would just ask for a Yes vote.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bi11 720 pass. Those in favcr  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 1995 will voEe Aye. Opposedy Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are Ayes, Nays, 1 voting Pvesent. Senate Bi11 720, having received èhe required constltutional majority, is declared passed. Senator Philip, for what purpose do you rise?

Thank your Madam President. Point of personal privilege.

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

Madam President and Ladies and Gentlemen of the Senate, the south gallery are forty-three charming ladies from Dupage County. Whoop. Don't get excited' guys. They are members of the Dupage County Womenfs Republican Federation. My Wife is among themy Nancy, and We have the President, Marcia Fleming. I wish ehey Would please stand and be recognized by the Senate. PRESIDING OPFICER) (SENATOR DONAHUE) Please rise and be recognized. While we're a slight at ease, Senator O'Daniel has some very speeial guests with him . I'd like to turn the Podiun over to Senator O 'Daniel.

Thank you, Madam President. Members cf the Chamber, would you give me attention, please. have some very distinguished guests like to introduce here. The Mt. Vernon High School Illinois State Champion Mock Trial Team are here - twelve members with their -- with their coach, Andy Wells. have him to introduce them just in a minute. Anyway the Ellinois Bar Association sponsors the competition each yearr which selects the Illinois champions. They won their title with extraordinary teanwork and skill, and -- and we take great pride in -- in their accomplishments. They were the first school outside of Dupage 166  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 County to have Won this title in -- in -- in recorded history. The Vernon Township High School team is now on their way to Denver, Colorado for the national championships cn May the and 14th. And at this time, I'd like to have -- I'd like to have Coach Andy Wells to introduce the members of the Mcck Trail Team. Andy.

(Team introductions by Coach Andy Wells)

Thank your Coach Wells, and good luck in Denver when you go for the national champlonship. We're really proud of you. Thank ycu very much.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen, on Senate Bill 726? Read the bill, Madam -- Mr. Secretary. Can we have some order, please. Mr. Secretary, read the bill.

Senate Bill 726. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Thank you, Madam President. Hopefully, this'll be much quicker. This -- this is an -- or, this is a bill that is the result of an agreement between the Illinois Retail Merchants Association and the Department of Revenue, and just adjusts the late filing penalties so that it's more fair.

PRESIDING OFFICER: (SENATOR DONAHUE) Is tbere any discusslon? Any discussion? Seeing ncne, the question is -- Senator Demuzio.

l67  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 May I inquire as to how more -- you indicated that the amendment is much more fairer to the consumer. Can you tell me how much more fairer to the consumer are we by virtue of this amendment now?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

How the penalty was assessed in the past was that the I belteve tt was a five-percent penalty Was assessed on the whole balance of the initial text, no matter hoW much was paid. What this does is -- glves consideration to payments that have already come in When assessing that penalty: and they have some maximum caps. My concern, in sponsoring this inttially, Was that we Would take away the negative incentive for people to pay their taxes, and we wanted to make sure that if ycu don't pay your taxes, you're penalized. But this a good compromise of those two positions.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Further discussion? The question shall Senate Bill 726 pass. Those in favor Will vote Aye. Opposedy Nay. The voting ls open. Have al1 voted who wish? Have all voted Who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none votinq Present. Senate Bill 726, having received the required constitutional majority, is declared passed. Senator Cronin, on Senate Bill Read the bill, Mr. Secretary.

Senate Bill 727. (secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin . l68  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 SENATOR CRONIN; Thank you very much, Madam Speaker, Ladies and Gentlenen of the Senate. This bill, Senate Bill 727, is a -- is a bill that is supported by the Chicago school reform groups, by Chicago School Board of Education and the Large Unit Distrlct Association. We have al1 the various interest groups -- important interest groups involved and are supportive. It -- we worked on this. There was an amendment in committee that deleted some of the eontroversial measures about staggered terms and criminal background checks. We replaced those points with language thaE requires LSC candidates ' to disclose whether they have ever been convicted of vartous drug and sex crimes, and allows, but does not require, LSCS to remove members for failure to disclose such information. The other provisions in the b1l1 are, as I say, suggested by reform groups from the City of Chicago. This has had unanimous support. I know of no opposition. It's a wonderful bill. I ask for your favorable support.

PRESIDING OFFICER: (SENATOR DOKAHUE) Is there any dlscussion? Any discussion? Seelng none, the questlon is, shall Senate Bill 727 pass. Those in favor will vote Aye. Opposedy Nay. The voting is opgn. Have all voted Who Wish? Have all voted who wish? Have a11 voted Who Wish? Have all voted who wish? Take the record. On that quesEion, there are Ayes, no Nays, none voting Present. Senate Bill 727, having received the required constitutional majority, is declared passed. Senator Woodyardr on Senate Bill 728. Read the bill, Mr. Secretary.

Senate Bill 728. (Secrebary reads kitle of bil1) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senatcr Woodyard. 169  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 !

Thank you, Madam President, Members of the Senate. This bill I deals With eighty-thousand-pound trucks on designated highways, ' i and it has gotten sc heavy that I think I better take it out of the record, also.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz, on Senate Bill 747. Read Ehe bill, Mr. Secretary.

Senate Bill 747. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.

Thank your Madam President. Senate Bill 747, as originally introduced, created the offense of solicitation by computer for sexual purposes. The amendment, at the request of the Judiciary CommltEee, deleted the bill and amends indecent solicitatlon of a child and indecent solicitation of an adult to include sollcitation in person, ln writing, by telephone, or computer: or other electronic means. I know of no opposition at this time and I would seek your affirmative support.

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

Yes. Thank you, Madam President, Members of the Senate. I just wanted to thank Senator Dudycz for accepting the amendment. I Ehink welve improved *he blll tremendcusly and it's conststen: with other provisions in the Criminal Ccde that deal With solicitation, and urge an Aye vote, as well.

PRESIDING OFFICER: (SENATOR DONAHUE) 170  STATE OF ILLINOIS 89TH GEXERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I ' j 42nd Legislatkve Day May 3, 1995 ' I ! The question is, shall Senate Bill 747 pass. Those in favor I ; will vote Aye. Opposed, Nay. The voting is open. Have a1l voted E who wish? Have all voted who wish? Have al1 voted who wish? i I .. Take the record. 0n that question, there are 58 Ayes, no Nays, 1 j none voting Present. Senate Bill 747, having received the requlred I constitutional majority, is declared passed. Senator Maitland, on Senate Bill 749. Senate Bill 749. Read the billy Mr. Secretary. SECRETARY HARRY: Senate Bill 749. (Secretary reads title of bl1l) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland. SENATOR MAITLAND: Thank you very much, Madam President, Members of the Senate. Again, Senate Bill 749 is a -- is a shell bill, and I Would seek your support. PRESIDING OFFICERI (SENATOR DONAHUE) Is there any discussion? Senator Severns. SENATOR SEVERNS: Thank your Madam President. I -- I just Want to let our Members know that this is another vehicle and we simply don't know What's gokng to be in (t, and I would suggest a Present vote. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Further discussion? Senator Cullerton. SENATOR CULLERTON: Yes. Would Ehe sponsor yiekd? PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senatcr Cullerton. SENATOR CULLERTON: Senator, just out of curiosityr What is this Act that Wedre 171  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 amending? : PRESIDING OFFICER: (SENATOR DONAHUE) i 1 Senator Maitkand . ! j

Senator, ts -- it is the Governmental Account Act.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullertan. Oh. Senator Maltland.

. .- Audit Act. I'm sorry.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

Thls is why I never get involved with approprlattons. I read that. I just didn't know what it meant. What -- What does -- What's found ln tha: Statuke? And -- and -- just out -- since it is a shell bill, what Eype of bills could there be that would amend that Act?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maltland.

Senator, my guess is, almost anything. Senatorr I -- I am trying to be as honest with -- with you as I can. I'm being very straightforward here, and I -- I Would just -- I Would respond. I - - I -- I can recall, Senator Severns: when -- when -- When you folks had the majority, having even voted on *he -- on the -- in the affirmative on sone shell btlls that -- that bore your name. I mean, there's nothing devious here. You and I both kncw that, and -- and we need to keep some vehicles alive that will benefit both sides of the aisle and this is our attempt to do it. PRESIDING OFFICER: (SENATORDONAHUE) j Is there any further discussion? Further discussion? Seeing 1 noner the questlon i5, Shall Senate Bill 749 pass. Those in favor I 1 l72  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislattve Day May 3, 1995 will vote Aye. Opposed, Nay. The voking ls open. Have all vated I who wish? Have a1l voted who Wish? Have al1 voted Who Nish? Take the record. On that question, there are 33 Ayes, 2 Nays, 23 ' I voting Present. Senate Bill 749, having received the required I i constitutional majority, is deelared passed. Senator Berman, on I Senate Bill 753. Read the billz Mr. Secretary. I

Senate Bi11 753. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Berman.

Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 753 clarifies language regarding the use of certificates of error in the process involving, ln Cook County, tax sales. The -- the reason for this bill is because af recent court rulings that require clarlficatlon. Civlc Federatlon recommended these -- this languager and I know of no opposltlon.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussicn? Any dlscussion? Seeing none, the question isr shall Senate Bi11 753 pass. Those in favor wfll vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who Wish? Have all voted who wtsh? Have all voted who Wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 753, havlng received the required constitutional majority, is declared passed. Senator Petkar on Senate Bill 768. Senator Parker, on Senate Bill 7757 Read the bill, Mr. -- Madam -- Mr. Secretary. SECRETARY HARRYI Senate Bill 775 I . I (Sectetary reads tltle of blll) I E l73  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 I 3rd Readins of the bill. ' ; PRESIDING OFFICER: (SENATOR DONAHUE) 1 Senator Parker. SENATOR PARKER: . Thank your Madam President and Ladies and Gentlemen of the Senate. This bill -- the current State law now allows a two-thousand-pound varlance on truck weights, up to seventy-three thousand two hundred and eighty pounds, and a one-thousand-pound variance for trueks Weighing over that amount, up to eighty thousand pounds. The concern is that the portable scales are not accurate, and when they go in and weigh in at portable seales that they are actually penalized at fifteen hundred pounds. And what they Would like to do is have a two-thousand-pound variance available for the eighty-thousand-pound trucks that would match *he lower-weight trucks. We actually discussed this at length in the committee. It was my hope that We Would come into agreement with IDOT and the other concerns about this bill. The committee had asked that We move this forward, if we can do Ehls out of the Senate, and in the House, amend this so that it Would just affect *he portable scales and not the fixed scales and that We would have the variance on only the portable scalgs to two thcusand pounds, but not the fixed scales. And so I Would be happy Eo answer any questions.

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

Thank you, Madam President. Would the sponsor yietd?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates shelll yleldr Senator Jacobs.

Senator Parkerr ycu're absolutely right that Ne Nere going to - - to make sure that this just applied to portable scales. I l74  STATE OF ILLINOSS 89TH GENERAL ASSEMBLY REGULAR SESSIOS SENATE TRANSCRIPT 42nd Leglslative Day May 3, 1995 thought we were golng to try Lc do that here. -- understand that the Department of Transportatlon is still opposed, regardless of what we do. That doesn 't really bother me that bad. But thought we were qoing to try to put that on here, ra*her than to wait in the House. If I'm mtstaken, please -- please state so, 'cause I'm not going to hold the bill up.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker.

No. My understanding wasr and I did ask our Chairman, that we were going to amend it over in the House because we were short of time. know, I understand there is still a concern With IDOT. I would like everybody to come to some agreement on this. And so, what I'm saying is, if We want to move it through, see if there's agreement and then address it at that time.

PRESIDINC OPFICER: (SENATOR DONAHUE) Further discussion? Senator O 'Daniel.

Thank thank ycu, Madam President. rise in support of this legislation. Xou know, we're not giving anyone any additional weight. It's just that we're golng to give the eight -- elghty-thousand-pound trucks the same variance we do with the seventy-three thousand or others. You know, the larçe -- the heavler the truck is, the more knaccurate the porkable scales are. Theydve been almcst a disaster. I've had areas in -- in my area where they have fined truckers up to fifteen, eighteen hundred dollars. Talk them into going to platform scales and they wouldn't be overweight at all. So this gives them -- just gives them the same vartance it does on the others. I thlnk it's something We should do and I -- I'd support the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Fawell. l75  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 SENATOR FAWELL: I Thank you very much. 1, toor rise in support of this bill. There has been a number of cases where, because of the handling of the portable scales, they have found to -- to be inaccurate. And j what we are talking abcut, literally, is -- is thousands of dollars and a 1ot of time being taken up by the -- by the drivers and by the companies. It seems to me that, when ycu 're talking eighty thousand pounds, this variance is so small that we ought to do it, and I think that if there are any problems we can work them out in the House and I strongly suggest we -- We vote Aye. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Parker, to close. SENATOR PARKER: I would ask -- just ask for a favorable vote. PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bill 775 pass. Those in favor will vote Aye. Opposed, Hay. The votlns is open. Have all voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that questiony there are 53 Ayes, 4 Naysy 1 voting Present. Senate Bill 775, having received the required constitutional majority, is declared passed. Senator Severns, on Senate Bkll 787. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 787. (Secretary reads title of bill) 3rd Readins of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) ' ! senator severns. ! ! SENATOR SEVERNS: j Thank you, Madam President. This -- an amendment to this bill is going to Judiciary this afternoon and I'd seek leave to get l l 176 j . . '  STATE OF ILLINOIS 89TH GENERAL ASSEMDLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 back to *he bill after Judiciary meets.

PRESIDING OFFICER: (SENATOR DONAHUE) . . . not sure we can promlse you webll get back to this afternoon, Senator Severns. Senator Severns.

We -- we were just told that they were. Now apparently, from what Senator Hawkinson says, they are not. Does anybody know whlch...

PRESIDING OFFICER: (SENATOR DONAHUE) We will be in tomorrok, Senator Severns. Out of the record . Senator Butlerr on Senator Maitland, on Senate Bi11 808. Excuse me. Senator Demuzio, for what purpose do you see recognition?

-- I just want ta ask the Chair What the schedule ls for the remalnder of the day. We were just told in the Rules Committee that the committees would be meetinç this afternoon - Commerce and Industry, and the Elections Committee, and the Judiciary Committee. assume that those three committees will, in facte be meeting then at 4 o'clock. Is that correct?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.

Thank you, Madam President. It Would be the intention of the Chair, when we get to where we started today, to go to page 2, Senate Bllls 2nd Readtng, give everybody one more shot at them. Because if you don't move them today, my guess we're -- may not get back to them . And then, go to the Supplemental Calendar and call it quits. And lf we get some work done tomorrcw -- we stark early and get some thîngs dcne, We have a good opportunity of not being here on Friday.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio. 177  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3r 1995 :

Well, I'm glad to have that -- that assurance, and that : i announcement. My question again is# is that we were represented a few mtnutes ago kn the Rukes Committee that -- that three ' ! amendments or four amendments that were approved were being ! I referred to Commerce and Industry Committee, Insurance and Pensions, Judiciary, and the Government and Elections Committee. Are those committees still planning on meeting this afternoon at the hour of 4 o'clcck?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.

Yeah. Thank you. It -- it would be our opinicn that We ought to keep the Senate at ease and Will -- anythlng that ls done this afternoon later will be read in the record, so it'll be ready for tomorrow. PRESIDING OFFICER: (SENATOR DONAHUE) ' Senator Demuzio.

Are you telling me that all four of those committees are going to meet this afternoon?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.

Senator Demuzior it's up to the Chairman. Go talk to the Chairman. Be my guesk.

PRESIDING OFFICER: (SENATOR DONAHUE) Committee ReporEs.

Senator Weavery Chair of the Committee on Rules; reports that the following Legislative Measures have been assigned to committees: Referred to the Committee on Commerce and Industry - 178 L  STATE CF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 I I Senate Amendment 3 to Senate Bill 7687 to the Committee on Insurance, Pensions and Ltcensed Activtties - Senate Amendment 6 to Senate Bill 100, and Senate Amendment 3 to Senate Bill 287; to *he Commit*ee on Judiciary - Senate Amendment 2 to senate Bill 7877 and to the Committee on Local Government and Elections - Senate Amendments 3 and 4 to Senate Bill 124.

PRESIDING OFFICER: (SENATOR DONAHUE) Intent of the Chair is now to proceed to the Order of 2nd Reading, and I stcongly urge each of you to call your bills -- move your bills to 3rd Reading. Depending on the workloadr the Senate may conclude its business by tomorrow. Therefore, it is necessary that these bills be moved today. Sor on page 2 of the Calendar: on the Order of 2nd Readlng, is Senator Trotter on -- Sena*or Dudycz, on Senake Bl11 247. Senator Weaverr on Senate Bil1 287. Read the bill, Mr. Secretary.

Senate Bill 287. (Secretary reads title of bill) 2nd Readinç of the bill. NO co/mittee amendments.

PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Floor amendments approved for consideratlon?

Amendment No. lp offered by Senators Severns, Demuzio and Carroll.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver.

I would move to table amendment -- Floor Amendment Nc. 1.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver moves to table Floor Amendment No. 1 to Senate Bill 287. All those ln favor, say Aye. Opposed, Nay. The Ayes 179  STATE OF ILLINOIS . 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legëslative Day May 3: 1995 have it. The amendment is tabled. Any further amendments I apprcved for consideration? SECRETARY HARRY: I Amendment No. 2 offered by Senators Severns, Demuzio and Carroll. I PRESIDING OFFICER: (SENATOR DONAHUE) : SenatorDemuzio. 1

I had a question on the last amendment. The -- thls amendment here I -- I am not quarreling with. I -- I had some comments with respect to the first anendment, however. NOW, I know there's another amendment being heard in committee this afternoonr which: of course, is Senator Weaver's. And, Senator Weaverr I -- I don 't have any objection to what you are dcing in -- in committee this afternoon, with the way in which you are going to reconstruct the board. I have some quarrel, howeverz with tabling Amendment No. 1, whlch is, in fact, the appropriations process that -- that we need to subject them to, like we do the rest of the -- the pension systems. That's the quarrel that I have , and my lkght Was on.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver. I

Thank you, Madam President. Senator Demuzio, I think wé can g ! find other ways in Which to implement what Committee <sic> Amendment No. l Would have done.

PRESIDING OFFICER: (SENATOR DONAHUE) Have there been -- are there any other further Eloor amendments approved for constderaticn? Senator Demuzio.

Well: Senator Weaver, 1et me ask you, I meanr With respect to the manner and form of the Amendnent No. 2 that -- Amendment No. i l that was tabled, With respect to the appropriations process. 180 . )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3: 1995 Can we work cooperatively together during the Session and -- and - - and move them into the same posture as the rest cf the pension systems? And if -- and sor and if you have that commitment, let's move.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver.

would have no objection working with you to try to find -- to find ways of appropriating the operating monies.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio, what's your pleasure on Amendment No. What is your pleasure on Amendment No.

What is my pleasure on Amendment No. 2? Wellr suspect I don't have any choicez but -- 'cause that was not the amendment I was concerned about, but take your word for it and -- and we can proceed.

PRESIDING OFFICER: (SENATOR DONAHUE) Do you Want to -- Senator Demuzio moves to table Amendment No. - - Senator Weaver.

would move to table Floor Amendment No. 2.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver moves to table Floor Amendment Nc. 2 to Senate Bill 287. A11 those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment tabled. Are there any further Floor amendments approved for consideration?

No further amendments reported.

PRESIDING OFFICER: (SENATOR DONAHUE) Reading. Senator Walsh. Senator Sieben. Senator Cullerton, on Senate Bill 438. Senator Cullerton? Senator Raica r l8l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 on Senate Bill 520. Senator Maitland, on Senate Bill 656. Senator Thomas Dunn, on Senate Bill 664. Senator Lauzen, on Senate Bill 725. Senator Lauzen. Senator Raica, on Senate Bill 742. Senator Lauzenr on Senate Bill 798. Sqnator Petka , on Senate Bill 945. Senator Mahar, on Senate Bill 1058. Senator Cullerton, on 1183. With leave of the Body, we'll return to the - - Senate Bi11 Senator Dillard has asked leave of the Body to have Senator Weaver move Senate B111 711. Senator Weaver. Out of the record. Senator Weaver asks leave of the Body to return to Senate Bl11 711, to handle that blll for Senator Dillard. Senator Weaver. Read the bill, Mr. Secretary.

Senate Bill 711. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments: Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Hawkinson, what purpose do you seek recognition?

Thank you, Madam President. Purposes of an announcement.

PRESIDING OFFICER: (SENATOR DONAHUE) State your announcement.

The Senate Judiciary Committee will meet at 8:30 aan . tomorrow morning, in Room 400.

PRESIDING OFFICER: (SENATOR DONAHUE) There has been a Supplemental Calendar No. 1 that has been distributed. On the Ordgr of Supplemental Calendar No . is Senate Bill 925. Senator Philip. Read the bill, Mr. Secretary.

Senate Bill 925. 182 7 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3, 1995 ; E (Secretary reads title of bill) j : 2nd Reading of the bill. No committee or Flocr amendments. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Butler, on Senate vBill 926. Read the blll, Mr. Secretary. SECRETARY HARRY: senate Bill 926. (Secretary reads title of bl11) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR DONAHUE) 3Ed Readtng. Senator DeAngelis, on Senate 3ill 1056. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 1056. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Flcor amendments. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator DeAngelis, on Senate Bill 1057. Read the btll, Mr. Secretary. SECRETARY HARRY: Senate Bill 1057. (Secretary reads title of bill) 2nd Readlng of Ehe bill. The Committee on Appropriatlons adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Floor amendments approved for COnSideration? SECRETARY HARRY: No further amendments reported. PRESIDING OFPICER: (SENATOR DONAHUE) ! 3rd Reading. Resolutions. I i SECRETARY HARRY: 183 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 8a# 1995 Senate Resolutions 63 and 64, both offered by Senatcr Demuzic . They dre bcth death resolutions, Madam Prestdent.

PRESIDING OFFICER: (SENATOR DONAHUE) Consent Calendar. ...tmicrophone cutoffl...Bills 1st Reading.

House Bi11 649, offered by Senator Parker. (Secretary reads title of bill) House Bill 838, by Senator Cronin. (Secretary reads title of bill) House Bill 935: by Senator Peterson. (Secretary reads title of bill) Senator Woodyard offers House Bill 1093. (Secretary reads title of bill) House Bill 1172, presented by Senator O'Malley. (Secretary reads title of bill) House Bill 1424, Senator Clayborne. (Secretary reads title of b111) House Bill 1587 is offered by Senator Fawell. (Secretary reads title of bi11) Senator Ralca offers House Bill 1706. (Secretary reads title of bill) House Bill 2330, Senator Parker. (Secretary reads title of bill) And House Bill 2452, by Senator Raica. (Secretary reads title of bill) lst Reading of the bills.

PRESIDING OPFICER: (SENATOR DONAHUE) senator Woodyardy for what purpose do you rise?

the Purpose Of an announcemenE.

PRESIDING OFFICER: (SENATOR DONAHUE) State your announcement. l84  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day May 3: 1995

Madam PresLdent and Members of the Senate, I've been asked to announce a reception this evening, and I don't think most of you got invitations to this, by the Conservation Resource Managers, at the State Library, from 5:30 to 7:30 this evening. Sounds like they're going to have good food - Venison kabobs and smoked lake trout and hors d'oeuvres. So, you're a11 invited to the State Library from 5:30 to 7:30.

PRESIDING OFFICER: (SENATOR DONAHUE) senator Madigan, for What purpose do you rise?

Thank you, Madam Presldent. Purpose of an announcement. The Senate Insurance, Pensions and Licensed Activlties will meet at 4:30, in Roon 400, to consider some amendments. Shouldnlt take very long, and I'd ask my members to shaw up at 4:30 and We can be out of there ën pretty short order. Thank you .

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

Thank you, Madam President. The Committee on Public Hea1th and Welfare Will meet at 4:30, in Rcom 2l2 - na* A-l - 2l2 at 4:30. Thank you.

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

Just an announcement. To add any confusion, Local Governmen: and Elections will not be meeting and -- nor is it scheduled.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further business? We have virtually completed our business. We wilt remain open to be able to receive conmittee reports, but for a11 practical purposes our business is done. So the Senate will reconvene at 9 a.m. - 9 a.m. - on Thursdayr May l85 ' ) ,. .  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legisla*ive Day May 3, 1995 4th. And wedre ln Recess. (SENATE STANDS IN RECESS) (SENATE RECONVENES) SECRETAR? HARRZ: . .. tmicrophone cutoffl...will reconvene Perfunctory Session. On the Order of Committee Reports. Senator Raica, Chair of the Committee on Public Health and Welfare, reports Senate Amendment 2 to Senate Bill 618 Be Adopted. Senatcr Madigan, Chair of the Committee on Insurancer Pensions and Licensed Activttles, reports Senate Amendment 6 Senate 100, Anendment 3 to Senate Bill 287, and Amendment 2 tc Senate Bill 532, all Be Adopted. And Senatcr Butlerr Chair of the Committee on Commerce and Industry, reports Senate Amendment to Senate Bill 768 Be Adopted. On the Order of Messages from the House. A Message from the House by Mr. McLennand, Clerk. Mr. President I an directed to inform the Senate that the House of Representatlves has concurred with the fenate in the passage of a bill of the following title, to wit: Senate Bkll 923, with House Amendment Passed the House, May 3rd, 1995. Another Message. Mr. President I am directed inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which am instructed tc ask the concurrence of the Senate, to wit: l86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day MaY 1995 House Bills 803, 809: l0l6r 1018: 1083 and 1509. A11 passed the Houser May 3rd, 1995. Pursuant to khe order of the Chair: the Senate will stand adjourned until 9 o'clock tomorrow morning, in regular Session. l87 REPORT: TIFLDAY STATE OF ILLINOIS 96/09/11 PACE:001 89TH GENERâL ASSEMBLY 16:18:36 3ENATE DAILY TRZNSCRIPTION OF DEBâTE INDEX HAY 03, 1995 HB-06R9 FIRST REâDING H8-0838 FIRST READING HB-0935 FIRST READING HB-1O93 FIRST READING HB-1172 FIRST READING HB-1)2k FIRST READING HB-1587 FIRST READIVG HB-1706 FIRST REZDING HB-179R FIRST READING H8-2330.FIR3T REâDING HB-23R9 FIRST READING H8-2452 FIRST READING HB-2y70 FIRST READING SB-0015 THIRD REâDING SB-0016 THIRD READING 5B-0021 THIRD READING SB-0081 RECALLED SB-0114 THIRD READING SB-0133 THIRD READING :B-013k THIRD READING 58-0135 RECALLED SB-0137 THIRD READING 5B-013T OUT OF RECORD SB-OIRI THIRD READING SB-01R3 THIRD READIMG SB-0189 THIRD REâDING :B-0198 SECOMD READING :8-0230 THIRD REZDING :8-0253 THIRD READING SB-0281 RECALLED 58-0287 SECOND REâDING SB-0336 THIRD READIKG 5:-0337 SECOND REâDING 58-0359 THIRD CEADING 58-0377 RECALLED SB-0403 SECOND REâDING :8-0429 THIRD READIMG SB-0)3R THIRD READIVG :8-0439 THIRD READIMG SB-0k65 THIRD READING 58-0506 TqIRD READIMG s8-0565 RECâLLED 58-0573 THIRD READIMG 38-058% THIRD READIMG SB-058R OUT 0F RECORD SB-0620 RECALLED SB-0657 THIRD READING 58-0658 THIRD READING 58-0682 RECâLLED SB-0711 SECOND REZDING SB-0720 THIRD READING 58-0726 THIRD READING 58-0727 THIRD READING 58-0728 THIRD RERDING :8-0728 OUT OF RECORD 58-0747 THIRD READIPG SB-07k9 THIRD READIMG 58-0753 THIRD READING :8-0775 THIRD READING s8-0787 THIRD READING :8-0787 0UT OF RECORD SB-0813 SECOND READING 58-0829 THIRD READING :8-0843 THIRD READING %. r i-x REPORT: TIFLDAY STATE 0F ILLIMOI3 96/09/11 PZGE: 002 89TH GDNERâL RSSEMBLY 16:18:36 SEN&TE DâILY TRANSCRIPTION OF DEBATE INDEX HAY 03, 1995 58-0854 THIRD READING SB-089? RECALLED 58-0925 SECOMD READING 58-0926 SECOND READING SB-094k THIRD RE/DING :8-0947 THIBD READING SB-0951 THIRD READING :8-0951 DDT OF RECORD 58-0990 THIRD REZDING 58-1029 THIRD READING SB-1032 TRIRD REàDING SB-1036 THIRD RERDING 58-1056 SECOND REâDING SB-1057 SECOND REâDIMG SB-1066 THIRD RPADING 8B-1091 THIRD READING SB-1095 THIRD READING 38-1097 THIRD REàDING :B-1173 THIRD READING SB-1186 THIRD READfMG ;B-1191TBIRD READ:NG SB-1195 THIRD REZDIVG 58-1206 THIRD READING :B-1208 THIRD READING SR-0063 RESOLUTION OFFERED 8R-006M RESOLUTION OFFERED SUBJECT HATTER SENATE T0 ORDER-PRESIDENT PHILIP PAGE PRâYER-THE REVEREND NORHAV Kà0 P2GE PLEDGE 0F ALLEGIâNCE PAGE JOMRNALSrAPPPO7ED PAGE JOURNALS-POSTPOMED PAGE COMMITTEE REPORTS PAGE 2 IMTRODUCTION OF GUEST-SENATOR RATSOM PAGE 59 GUEST SPEAKER-STEVE HOVEK PâGE 60 INTRODUCTION 0F GUESTS-SEMâTOR O'DAMIEL P2GE 166 GUEST SPKâKER-COZCH ZNDY HBLLS PAGE 167 COMHITTEE REPORTS PAGE 178 SENATE STANDS IN RECESS P2GE 166 SENATE RECONVENE! PAGE 186 COMHITTEE REPOHTS PZGE 186 HESSàGES FROH THE HOUSE PAGE 186 ADJOURNMENT PZGE 187