Illinois Senate Floor Debate — May 16, 1995

purpose of an announcement, Mr. President.

State your announcement.

Like tomorrow's Senate Calendar to reflect that the Senate Bnvironment and Energy Committee will be meeting at 9:30 as opposed to 8:30. PRESID:NT PHILIP : Thank you, Senator Mahar. Now, the Chair will yield to Senator Woodyard.

Thank you, Mr. President and Members of the Senate. 1 have with me today, and hosted by the Senate and also over in the House, the Consul General of China. Mr. Huane was appointed to this position and arrived in Chicago in January of this year. So he's not been in Tllinois too awfully long. The Consulate in Chicago covers approximately nine states. So he has practically a1l of the midwestern states under his jurisdiction, as well as a strange one, Colorado. I ask him if -- if he got Colorado in his Consulate just to go skiing out there. But, I would like him to be -- make a very few brief remarks to the Senate, primarily because six of us Legislators, along vith the Director of Agriculture, had the opportunity to be hosted by Mainland China in the sprin: of 1993, and we found two major things. Number one, *he Chinese people were very warm, friendly and compassionate to us. And number two, in meetin: with Illinois corporations out in Malnland China, we find that the business for lllinois  STATE OF ILLIKOIS i 89TH GENERAL ASSEMBLY I REGULAR SESSION ; SENATE TRANSCRIPT i 50th Legislative Day May 16, 1995 I I corporations is expanding by leaps and bounds out there. And with ' that may -- would you join me in welcominq Consul Generale Mr. I . i Whong. CONSUL GENERAL HUANEI (Remarks by Consul General Huane) PRESIDING OFFICER: (SENATOR WBAVER) i Comm#ttee Reports. ' I SZCREPARY ZARRY: 1 ! Senator Fawell, Chair of the Committee on Transportation, reports House Bills 199, 939, 1587, 1878, and 2294 Do Pass; and House Bill 1462 Do Passr as Amended. Senator Cronin, Chair of the Committee on Education, reports House Bills 689 Do Pass; House Bills 226. 797: 1459 and 2076 Do Pass, as Amended; and Senate Amendment l to House Bill 2123 Be Approved for Consideration. Senator Sieben, Chair of the Committee on State Government Operations, report House Bills 3Q9 and 9l3 Do Pass; House Bill 823 Do Pass, as Amended; Senate Bll1 456 - tbe motion to concur with House Amendment l Be Adopted; and Senate Bill 992 - the motion to concur with House Amendment 1 3e Adopted. And Senator Klemm, Chair of the Committee on Local Government and Electlons, reports House Bills 270, 340 and 1461 Do Pass; House Bslls 505, 859, 974 and 1825 Do Pass, as Amended; Senate Resolution 59 Be Adopted. Senate 3i1l 75 - the motion to concur With House Amendment l Be Adopted; and on Senate Bill 206 - the motion to concur with House Amendment l Be Adopted. PRESIDING OFFICER; (SENATOR WEAVER) Messaqes irom the House.

Message from the House by Mr. McLennand, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the 3  STAT: OF ILLINOIS 89TH GENERAL ASSEMBLY RBGULAR SESSION SENATE TRANSCNIPT 50th Legislative Day May l6, 1995 i passage of a bill of the following tltle, to wtt; Senate Bill 370, together With the following ' I amendment, which is attached, in the adoption of which I am ' I instructed to ask the concurrence of the Senate, to wit: I I House Amendment No. 1. I W I e have a like Message on Senate Bill 789 with House Amendment t 1. I 30th passed the House, as amended, May l5thr 1995.

PRCSIDING OFFICER: (SENATOR WEAVER) ForwhatpurposedoesSenatorBowlesseekrecoqnition?

$ 1 Thank you, Mr. Chairman. I rise for a point of personal privilege.

PRESIDING OFFICSR: (SENATOR WEAVER) State your point.

I bave, in the President's Gallery, the eiçhth grade class from Our Lady Queen of Peace School in Bethalto, Illinois. I I would ask them to rise and be recognized by the Senate. I I PRBSIDING OFFICER: (SENATOR WEAVER) i Will our guests please rise. For what purpose does Senator I Palmer seek recognition? SEMATOR PALMER: I Thank you? Mr. President. A point oi personal privilege.

PRESIDING OFFICER: (SENATOR WEAVER) Skal:e your po int.

In the Presîdent's Gallery, I have a constituent Who is visiting today, Attorney Barack OBama, and 1'd like for him to be recognized and welcomed by the Senate.

PRBSIDING OFFICER: (SENATOR WEAVER) Wt11 our guest please rise. Channel 2, 5: 7 and 9 and FOX-TV 4  STATE OF ILLINOIS , 89TH GBNERAL ISSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 i I ofChicagoa11seekrecognitiontotape. Isthere leave? Leave 1 is granted. Also Channel 44, Chicaqo . Leave is granted. On Page 10 of the Calendar, House Bi1ls 2nd Reading. Senator Fawell, are you -- move -- House 3i11 3:2 Mr. Secretary y read the bi11.

House Bi11 3. (Secretary reads title of bi11) 2nd Reading of the bi11. The Committee on 1nsurance, Pensions and Licensed Activities adopted Amendments l tbrouqh 5.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration? Excuse me, Senator Fawell. Senator Madigan. Did you wish to table an amendment? Senator Madigan. Have there been any Floor amendments approved for consideration?

Amendment No. 6# offered by Senator Madigan.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan. SENATOR MADIGAN ) Thank you, Mr. President an6 Members of the Senate. Floor Amendment No. 5 <slc> (6) adds immediate -- adds a sunset date to the Athletic Trainers Act.

PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? 1f not, all in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senator Ra ica , on l97 . Senator Klemm , on 21l . Read the bill# Mr. Secretary.

5  STATS OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 5ûth Legislative Day May 16, 1995 House Bill 211. (Secretary reads title oi bill) 2nd Reading of the bill. The Committee on Local Government and Electlons adopted Amendment No. 1.

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

No further amendments reported.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senator Fltzgerald. Senator Palmer, on 249. Read the bill, Mr. Secretary.

House Bill 249. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRBSIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Clayborne, on 315. Read the bill, Mr. Secretary.

House Blll 316. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Burzynski: on 471. Read the bill, Mr. Secretary.

House Bill 471. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Higher Education adopted Kmendment No. 1.

PRESIDING OFFICER: (SENATOR WEAVER) 6  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SBNATE TRANSCRIPT 50th Legislative Day May l6, 1995 Have there been any Floor amendments approved for consideration? j SECRETARYHARRY 1 I 1 ' No further amendments reported. j PRESIDING OFFICER: (SENATOR WBAVER) 3rd Reading . Senator Peterson, on 507. Out of the record. Senator Fawell, on 513. Read the billr Mr. Secretary. . SECRETARY HANRY: House Bill 513. 1 i ( I Secretary reads title of bill) j 2nd Reading of the bill. The Committee on Local Government and Elections adopted Amendments l and 2. ( PRESIDING OFFICER: (SEXATOR WEAVER) Have there been any Floor amendments approved for 1 considerationa 1 SECRETARYHARRY: 1 No further amendments reported. j PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Cronin, on 573. Out of the record. j Senator Watson, on 598. Read the bill, Mr. Secretary. SECRETARY HARRY: House Bl11 598. (Secretary reads title of bill) 2nd Readinq of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Cronin, on 660. Out of the record. Senator Geo-Raris, on 760. Read the bill, Mr. Secretary. SECRETARY HARRY: 1 House Bi11 760. (Secretary reads tit1e of bi11) 2nd Reading of the bi11. The Committee on Local Government and Elections adopted Amendments l and 2. 7 r .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RBGULAR SSSSION SENATE TRASSCRIPT 50th Leqislative Day May l6, 1995 I l PRESIDING OFFICER: (SENATOR WEAVER) I Have there been any Floor amendments approved for ( I consideration? i SBCRETARV HARRX: j No further amendments reported. I PRESIDING OFFICER: (SENATOR WEAVER) 1 1 3rd Reading . Senator Klemm -- Klemm, on 965. Senator Klemm j you wish the bill called? 0h. Bxcuse me. Senator Woodyard. Out l of the record. Senator Sieben, on 988. Read tbebill,Mr. 1 Secretary.

House Bill 988. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Aqriculture and Conservation adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration? SECRéTARY HARRY) No further amendments reported.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Dudycz, on :002. Out of the record. Senator -- Senator Mahar, on 1089. Out of the record . Senator Woodyard. Senator Raica , on 1108 . Out of the record . Senator Sieben, on 1258. Read the bi11, Mr. Secretary.

House Bi11 1258. (Secretary reads title of bi11) 2nd Reading of the bi11. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Walsh, on 1320. Read the bi11p Mr. Secretary . 8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50tb Legislative Day May l6, 1995

House Bill 1320. (Secretary reads title of bill) 2nd Readin: of the bill. No committee or Floor amendmentc. PRESIDING OFFICERI (SEKATOR WEAVER) 3rd Reading. 1398. Senator Clayborne. Senator Clayborne. 1398. Read the bill, Mra Secretary.

House Bill 1398. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Cronin asks that 1470 be read for a 2nd time. Mr. Secretary.

House Bill 1470. (Secretary reads title of bill) 2nd Readinq of the bill. No committee or Floor amendments.

PRESIDING OFFTCER: (SENATOR WEAVER) 3rd Reading. Senator Petka, on 1486. Senator Petka. Read tbe bill, Mr. Secretary.

House Bill 1486. (Secretary reads title of bill) 2nd Readin: of the bill. No committee or Floor amendments.

PRESIDING OFPICER: (SENATOR WEAVER) 3rd Reading. senator Dudycz, on 1699. Senator Dudycz. Read the bill, Mr. Secretary.

House Bill 1699. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. 9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SBSSION SENATE TRANSCRIPT 5Qth Legislative Day May l6, 1995 PRESIDING OFFICER: (SENATOR WEAVER) 1 3rd Reading. Senator Petka, on 1850. Read the bill, Mr. Secretary . SECRETARY HARRY: . House Bill 1850. (Secretary reads titke of bitk) 2nd Reading of the bill. The Commîttee on Local Government and Elections adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR WEAVEF) Have there been any Ploor amendments approved for consideration? SECRETARX HARRY ) No further amendments reported.

PRESIDING OFFICER: (SENATOR WEAVEP) 3rd Reading. Senator Sieben, ön 1940. Read the bill, Mr. Secretary.

House Bill 1940. . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readinq. On page 5 of your Calendar, House Bills on 3rd Readinq. Senator Shadid, do you Wish to call House 3il1 5? Out of the record. Senator Geo-Karisr on House Bill 8. Read the bill, Mr. Secretary.

House Bill 8. (Secretary reads *itle of bill) 3rd Reading of the bill.

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

! 10  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 j Mr. President and Ladies and Gentlemen of the Senate, House Bill 8 provides that the fine for exceeding the speed limits within a construction zone shall be double the bail and -- and it defines construction zone. Similar to a bill that we passed out of here, and 1 urge a favorable consideration.

PRBSIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall House Bill 8 pass. Those in favor will vote Aye. Those opposed will vote Nay. The votinq is open. Have all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 58, the Nays are none: none voting Present. House Bill 8, having received the constitutional majority, is declared passed. Senator Watson, on 23. Out of the record. Senator Mahar, on House Bill 41. Out of the record. Senator Karpiel, on 90. Out of the record. Senator Geo-Karis, on 119. Read the bill, Mr. Secretary.

House Bill 119. (Secretary reads title of bill) 3rd Reading of the bill.

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

Mr. President and Ladies and Gentlemen of the Senate, this ' bill amends the Vital Records Act and the Adoption Act. lf an adopted person applies to amend the name on his or her birth certlflcate, the State Registrar of vital records shall amend the birth certificate it the person provideg documentation or other evidence supportins the application that would be deemed sufficient if it had been submitted in support of an application in support ot an application by a person who has not been adopted. And l ask for favorable consideration.

PRESIDING OFFICER: (SENATOR WEAVER) 11  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SBSSION SENATE TRANSCRIPT ' 50th Legislative Day May l6: 1995 ls there discussion? If not, the question is, shall House Bill ll9 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 59, the Nays are none, none voting Present. House Bill 119, having received the constitutional majority, is declared passed. Senator Klemm, on 150. Out of the record. Senator DeAngelis, on 166. Read the bill, Mr. Secretary.

House Bill 166. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WBAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. This bill came from the Legislative Audit Commission. A1l it does is# it changes the reporting requirements of certain data and it was passed out of committee on the Agreed 3ill List. Urge your support.

PRESIDING OFFICER: (SENATOR WEAVER) Is there dlscusston? If not, the questlon is, shall House Bl11 l66 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 59, the Nays are none, none voting Present. House Bill l66 having recelved the constitutional majority, is declared passed. Senator Garcia. Out of the record. Senator Syverson, on 185. Read the bill, Mr. Secretary.

House Bill 185. (secretary reads title of bill) 3rd Reading of *he bill. 12 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995

PRESIDING OFFICER: (SENATOR WEAVDR) Senator Syverson, explain the bill.

Thank you, Mr. President and Ladies and Gentlemen oj the Senate. Senate -- House Bill 185 is -- amends the Sanitary District Revenue Act and authorizes discontinuance of water service or sewer or both in the event of delinquents. This excludes the City of Chicago. And be happy to answer any questions, otherwise ask for a favorable vote. PRESIDING OFFICERI (SENATOR WEAVER) Is there discussion? If not, the question is, shall House Bill l85 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Take the record. On that question: the Ayes are 59# the Nays are none, none votinq Present. House Bill 185, havin: received the constitutional majority, is declared passed. Senator Cronin, on 206. Out of the record. Senator O 'Malley, on 207. 0ut of the record. Senator Madigan, on 323. Out of the record. Senator Madigan, on 413? Senator Madigan? 413. Read the bill, Mr. Secretary.

House Bill 413. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

Thank you, Mr. President and Members of the Senate. House Bill 113, as amended, contains two provisions. First oj all? it straightens up the overlying language -- original language. Clears up a question as far as pension levies in school districts, insofar as the fact that they doh't pass an appropriation 13  t . STATE OF ILLINOIS 89TH GSNERAL ASSEMBLY REGULAR'SESSION SENATE TRANSCRJPT 50th Leqislative Day May l6# 1995 ordinance and pass a budget. So House Bill 4l3 corrects that that problem. In addition, it creates an optional early retirement plan for units of local government that participate With Illinois - - the lllinois Municipal Retirement Fund: with the exception of cities and villagesl they are not in this plan pursuant to long-standin: agreement in the General Assembly that the employer and employee groups have to agree on language insofar as any pension bills. There is currently not an agreement between cities and villages and employees of cities and villages. So having said that: I also say that all other units of local government are in agreement with the provisions with -- of House Bill 4l3 and their employees. Basically, first of all, it is an optional plan. It is intended to be a cost-savings measure for units of local government. It is not mandatory. Creates no unfunded liability up on the part of the State of Illinois. For those -- for those units of local government who opt to have early retirement offering to their employees, first of all, the -- the lllinois Municipal Retirement Fund will do a cost study for them, to determlne whether or not they -- this is a cost-savings measure for them. Secondly, they must -- if they offer it# they can offer on a one-year basis, in perpetuity, and in perpetuity being that over the course of six years, they have to pay back whatever -- or reduce their unfunded liability that may be created by this back to zero, and then they could, if they so desire, offer it again. That is -- that's basically the provisions of House Bill 413, as amended. It would affect school districts with their noncertified personnel, counties, townships, park districts, library dlsEricts, forest preserve districts. Everyone is that is in the bill -- affected by the bill is in support of the bill. would be qlad to answer any questions on House Bill 413, as amended.

PRESIDING OFFICER: (SENATOR WEAVER) 14  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ZENATE TRANSCRIPT 50th Legislative Day May l6: 1995 ls there dlscussion? Senator Watson.

Yes, thanks -- thank you, Mr. President. guess just a question of the sponsor, if he rll yield.

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

Thank you. Well, we get a lot of mail and letters from employees oi -- of municipalities. and so I Wculd aGGume now, from your explanation, they are out and there is no optional program for municlpalities and they aren't in any other legislation that's going to be coming before this Body. Is -- is that correcy?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

That is correct. At this point, until there is an agreement between the Municipal League and the employee representatives, they will there will not be a -- an early retirement offering for those people.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.

Then I am to assume then the Municipal League opposed them being included.

PRESIDING OFFTCER: (SENATOR WEAVER) Senator Madigan.

The Municipal Lea:ue opposed thls b111 as was written.

PRBSIDING OFFICER: (SENATOR WEAVER) Further discussion? Senator Molaro.

Well, thank you, Mr. President, Ladies and Gentlemen of the 15  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 Senate. I rise in support of this bill. It's been around for a couple of -- three years. Almost every other public pension fund has had their opportunity at the early retirement incentives. The only one who hasn't has been the IMRF, and I think it's unfair to all these workers that every other public pension fund has had this opportunity, IMRF has not. Senator Madigan, as well as every staffer on that committee, Municipal League, everybody has worked long and hard to come up with this compromise, which I think is a terrific compromise given the state of circumstances, and I would urge an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.

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

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

Senator, we had - earlier - had Senate Bill 251, and I believe that there was a -- a management rights clause in that particular piece of legislation. There isn't in this one. Can you tell me what that might mean, as far as collective bargalning?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

Thank you, Mr. President. Well, Senator Burzynski, first of all the decision still would rest with the - as far as offering an early retirement incentive program - the decision would still be permissive and still would rest with the employer. That would not preclude the employees jrom bringing that to the bargaining table. It -- it would be a subject could be a mandatory subject of bargaining, but that Would not have to be or it Would not have to be part of any final package that was negotiated between the 16  ! STATE OF ILLINOIS , 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6: 1995 employers and employees. PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski. Senator Demuzio. SENATOR DEMUZIO: Thank you, Mr. President. On a point of personal privileqe. PRESIDING OFFICER: (SENATOR WEAVER) State your point. SENATOR DEMUZIO: Visitin: with us today, in the gallery to -- right behind me: is the seventh and eighth grade from Sacred Heart School in Pana, with their teacher, Steve Groll. 1 wish that they would stand -- stand and be recognized by the Senate. PRESIDING OFFICER: (SENATOR WEAVER) Our guests please rise. Further discussion? Senator Shadid. SBNATOR SHADID: Yes. Would the sponsor yield? PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'd yield, Senator. SENATOR SHADID: Senator Madigan, in the county, for instance, the county board has to approve this, in each county. Is that correct? PRESIDING OFFICER: (SENATOR WEAVER) Senator Madlgan. SENATOR MADIGAN: That is correct, Senator Shadid. They have to -- it's optional and they have to make the decision as to whether or not they offer it. PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Would the sponsor yield? 17  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995

PRESIDING OFFICER: (SBNATOR WEAVER) He indicates he'd yield.

Senator Madigan: understand this is permissive. Don't really have a 1ot of problems with this bl1l because it is permissive, but -- but I just would like to pose a couple of questions. And first of all, we know this is good for the employees; they get to retire early - many of them to go on and take other jobs that are available, from other people who don't have retirement. But what affect will this have on the pension funds?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

Thank you, Mr. President. Well, Senator Jacobs, there would be a small initial cost. think IMRF had estimated, last year, approximately one percent, but over the course of time and over a very short period of time, actually, that should reduce back to nothing.

PRESIDING OFFICER: (SBNATOR WEAVER) Senator Jacobs.

Just one comment. You know, I look on the federal level: see the problems we're having with Social Security; I look at a1l of our pension funds that we are not funding properly and are looking to be bankrupt early into the year 2000; and I just wonder if -- if we all have constituents that want this, and the popular thing to do is to stand up and say, ''Hurrahl'. But are we heading in the wrong direction? That's a question 1 ask myself. We're allowin: people to retire earlier and earlier and puttin: a burden a greater burden - on a lesser amount of people. I think that even though this -- this is permissiver and therefore it's not our 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6: 1995 issue in order for them to allow thks to happen, so 1'11 vote for it. But think it's one that we should all stand up and take notice to, that we're probably heading in the wrong direction, and we maybe should consider looking at the other end of the spectrum. PRESIDING OFFICER; (SENATOR WEAVER) Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, think this is a good bill. It's a permissive bill. Depends on the county boards, the township boards, and school boards, as to whether or not they're going to go ahead with it. And I think we should go ahead and vote for l've had more mail on this, and 1 -- I think it's time we answered responsibly.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns.

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

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

Senator Madigan, know that you've worked along with many others on this bill and I think it's -- 1 think it's clear that itfs a bill that probably most al1 of us will support. But just for the record, and I I realize it's already been addressed , is it safe to assume that municipalities could have been a part of this bill, except that the Municipal League chose not to be?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

Well, Senator Severns, I suppose you could say that. They did 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 not -- they did not like the way that this language was drafted, as opposed to other units of local government who were agreeable to the language that essentially was prepared by the Illinois Municipal Retirement Fund.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns.

But had the Municipal League agreed to this language, you would have agreed to have had municipalities included. Is that correct?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

Tbank youy Mr. President. Most definitely, Senator Severns. Most definitely.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns.

Thank you, Mr. President. Hearing that: I think we should be supporting this bill and regret that the League chose to stay out of it.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Raica.

Just a question of the sponsor, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Would yield. SENATOR RhICh: Senator Madigan, a 1ot of the teachers who were eligible for retirêmen: under previous systems and retired early, every time the General Assembly comes forward or any unit oé government comes forward to attempt to change their rettred Ksic>, as far as their 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 health care provisions -- a lot of these people base their retirement or their potential early retirement on an existing basis of what they're currently paying into, as far as health care benefits. Are these people that may accept or may choose to participate in this early retirement, are tbey bein: told or do you know they are being told of any -- any situation Where there could be a possibility of contributions made by them in the future, which they may not know of now, because they do base their retirement on what they are currently making, a, and, b, what they 're currently paying as far as health care benefits?

PRBSIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

Thank you, Mr. President. Senator Raica, as opposed to another statewide pension plan, tbe Illinois Municipal Retirement Fund does not -- is not involved with health insurance. That's strictly on the local level, as the units of local government -- the employee would have to look to that unit of local government. There is no statewide health insurance plan for lllinois Municipal Retirement employees.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Viverito.

Thank you, Mr. President. rlse favor of thls particular bill, because 1fm familiar with it and think the Chairman worked very hard on -- on presenting it. And I've received many, many letters in my particular township, and I've been a townsbip supervisor for twenty-four years and 1 think it's long overdue, and I think it's an option that we do need in the IMRF. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara. 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995

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

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

Senator Madigan: can you tell me if the languaqe dealing with management versus labor rights under this legislation is different than other early retirement bills that have -- we have passed in this Legislature?

PRESIDING OFFICER: (SBNATOR WEAVER) Senator Madigan.

This language is not, Senator Hasara.

PRESIDING OFFICER: (SBNATOR WEAVER) Senator Hasara.

So you#re saying that the language is the same as other early retirement bllls that we have passed?

PRESIDING OFFICER: (SBNATOR WEAVER) Senator Madigan.

Yes, Senator Hasara, that is what I'm saying.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara.

Under this bill, is management required to bargain early retirement with their unions?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madiqan.

No, Senator Hasara. This this is optional.

PRESIDING OFFICER: (SENATOR WEAVER) 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 ! Senator Hasara. SENATOR HASARA : ! : i To the bill: 1 definitely stand in favor of this bill. I i I also think it's a shame that municipaltties are not in this bill. 1, too, have received hundreds of letters from municipal employees who would like the advantage of taking early retirement. So I do stand in favor of the bill, and I definitely thank Senators Madigan and Burzynski and others who have worked so hard to put : i this together. i I

PRESIDING OFFICER: (SENATOR WEAVER) I Senator Welch. C SENATOR WELCH: i I had a question of the sponsor.

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield. : SENATOR WELCH: i I Senator Madigan: on previous early retirement bills, there was a projected savings either to schools or to the -- the State. How much money is this going to save governments by enacting this PZCIX rptifexeRt? i !

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan. ; .

Thank you, Mr. President. Well, Senator Welch: I can't answer that question at this point in time. Because, first of all, it's an optional program. We do not know what units are going to , ' I participate in it. It is a local decision by that particular unit $ of local government. Insofar as savinqs, there is an initial -- studies that would indicate that about sixty, sixty-five percent of the participating units of local government potentially save money by offerin: this plan. The other units of local government, because of their pay structure or the age of their particular I 23  STATE OF ILLINOJS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRAHSCRIPT 50th Legislative Day May l6, 1995 employees, would not save money. Therefore, the bill is optional. For those -- for those -- excuse me , units of local government that could save money based upon the information that will be provided them by the Illinois Municipal Retlrement Fund as to whether or not this is a cost-saving measure for them or a cost measure for them. Then they're qoin: to be qiven that information, if they request it irom the Municipal Retirement Fund, and then they can make that decision as to vhether or not tbey vant to offer it.

PRESTDING OPFICER: (SENATOR WEAVER) Senator Welch.

Senator Madiqan, vill this be a window of opportunity for a certain period of time for counties to take advantage of this bill or will it be continuous from the point the Governor signs the bill, if he signs it, forward?

PRESIDING OFFICER: (SSNATQR WEAVER) Senator Madigan.

Subject to the provisions of tbe bill, one year every five years, it's -- it's can be a permanent -- it's part of the Statute and it's permanent. It's not a window.

PRESIDING OFFTCER: (SENATOR WEAVER) Senator Garcia.

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

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

Just a simple question. Senator Madigan, do you have any way have you seen any projecElons of how many individuals might seek to take advantage öf this opportunity? 24  l STATS op Isnlxols 89TH GEXERAL ASSEMBLY j REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 PRESIDING OFFICER: (SENATON WEAVER) Senator Madigan. SCNATOR MADIGAN: Thank you, Mr. President. Senator Garcia, in the paste we have estimated. When we've looked at things -- at these things, that the percentage of eligible participants that would take advantage of a plan of this nature would run in the neighborhood of forty percent of khose eligible. That seems to have held up with the statistics. PRESIDING OFFTCER: (SENATOR WBAVER) ls there further discussion? If not, Senator Madigan, to close. SENATOR MADIGAN: Thank you, Mr. President. I Would just mereky close and point out that tbe Tllinois Municipal Retirement Fund is currently at a ninety-one-percent fundinq level, which, as far as last year when tbis Body passed Senate Bill 533, we projected tbat it uould take fifty years for the five State Systems to get up to a ninety-percent funding level. So I would just point that out that the Illinois Municipal Retirement Fund is very, very soundly funded from actuarial basis, and I would ask for a favorable consideration of House Bill 413: as amended. PRESIDING OFFICER) (SENATOR WBAVER) The question is, shall House 3il1 413 pass. Those in favor will voEe Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On that question. the Ayes are 52, the Nays are 6, none voting Present. House Bill 413, having recetved the constitutional majority, is declared passed. Senator Maitland, on 447. Read the bill, Mr. Secretary. SECRETARY HARRY: House Bill 447. zs i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SBSSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 ' I (Secretary reads titleofb#11) 1 3rd Reading of the bfll. PRESIDING OFFICER: (SENATOR WEAVER) Senator Mattland. SENATOR MAITLAND : Thank you very much, Mr. President and Members of the Senate. House B1l1 447 is an omnibus bill affecting the aqencies of DCCA, CMS, DMHDD, and the Department of -- of Corrections. With respect to DCCA, it -- it addresses three audit findings and changes another. With -- with respect to DCCA alsoz' increases the maximum I I term for infrastructure loans from three years to ten years. It I h also repeals the requirement that applications for said loans and i I grants contain certification that the community has a multiyear capital improvement program accompanied by specific information. It furtber increases the maximum amount which DCCA may grant to counties, municipalities or local promotional groups or loan to businesses for the development or improvement of -- oi tourism attraction in Illinois from forty thousand to one hundred thousand. With respect to DMHDD, it exempts disbursements made by the agencies in counties with population of less than kwo million I people from therequirementthatsaiddisbursementsbemadeonly 1 to the county treasurer. And finally, with respect to the Department of Corrections, it -- lt amends the Liquor Control Act by permftting akcohotlc bexerages to be delivered to and dispensed in State houstng assiqned to employees of the Department of Corrections. I know of no opposition. There was no opposition in committee. I would seek support of the Body, Mr. President. PRESIDING OFFICER: (SENATOR WEAVER) Is there discugsion? lf not, the question is, shall House Bill 447 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted Who j I wish? Take the record. Qn that question, the Ayes are B8, the I 26 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RBGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 Nays are 1. gouse Bil1 447, having received the constitutional majority, is declared passed. Senator Mahar on -- out of the record. 567. Read the bill, Mr. Secretary. SECRETARY HARRY: House Bil1 567. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar. SENATOR MAHKR: Thank you, Mr. President, Members of the Senate. This -- House Bill 567 allows a section of unincorporated Rich township to be annexed into the -- the Water Reelamatton District -- Metropolitan Water Reclamation District. And Committee Amendment No. l also allows this same action for a territory in Streamwood, in Cook County. This is at the request of the property owners and it has the support of the MWRD. I know of no opposition. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question ls, shall House 3il1 567 pass. Those in favor will vote Aye. Opposed: Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 59, the Nays are none, none voting Present. House Bill 567: having received the constitutlonal majority, is declared passed. Senator Woodyard, on 603. Read the bill, Mr. Secretary. SECRETARY HARRY: House Bill 603. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Eenator Woodyard. SENATOR WOODYARD: 27  STATE OF ILLINOJS 89TH GENERAL ASSEMBLY REGULAR SESSION SBNATE TRANSCRIPT 50th Legislative Day May 16# 1995 I Thank you, Mr. President, Members oi the Senate. This bill 1 I actually came from a constituent in our district, and what lt do - - it would allow a pickup truck with a -- with a gooseneck -- gooseneck fifth wheel to pull an RV and to actually 1 also tow a 1 boat behind that. Every state that touches the borders of the State of Illinois now allows this to happen, and what We've found is constituents of ours that may live in Zast Central Illinois cannot use this type of vehicle to cross Illinois to go to the Ozarks or anywhere else. And so that's what was proposed. There were a couple of questions that came up in the committee, and we dtd get a response from the Department of Transportation. One dealt with would these types of vehicles towing a trailer have any more sway or swerve than without it. And it seems that there's no evidence from IDOT of that being the case. Additionallyz I think, Senator O'Daniel Would -- would like to have amended this bill in another manner, but the Department was not comfortable with that. And so, as of rlght now, I -- I@d be happy to answer any questions, but that's what the bill does. We're just trylng to get ourselves in the state -- in the same conformity as other states. And to my knowledge Department of Transportation, they drafted the language, they're neutral on the bill, and I believe the State Police are neutral on the bill.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. One question of the sponsor, if he would.

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

I support your bill. 3ut would you explaln that fifth wheel again. I 28  STATE OF ILLINOIS 89TH GENERAL ASSEM3LY REGULAR SESSION SENATE TRANSCRIPT 50th Legiglattve Day May l6, 1995 I ! PRESIDING OFFTCER: (SENATORWEAVER) 1 ' Senator Woodyard. l :ENATOR WOODYARD: Senator, the fifth wheel is -- is slmilar to a tractor trailer semi. In this case itfs the hitch and the kin:pin mechanism on the RV. Generally, it's the kingpin that comes dokn and then the fifth wheel is located in the body of the pickup truck and they -- it's â slidinq-latch mechanism. There are also safety chains involved. .

PRESIDING OPFICER: (SBNATOR WEAVBR) Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Just a couple of poinks, no questionse just a couple of points that I think have got to be made. We let this out of committee 'cause we had concerns with being able to compete with other states, and -- and noE to cause people coming from one state to another state to bave problems witb towing vebîcles. 3ut if we look at this as it ts and forget what other states doy T think it's fairly dangerous issue. I don't know why any state truly allows this. What you're talking about, if -- if you'll skop and just visualize for a minute, you have a pickup truck, with the ftfth wheel, will be kowln: a trailer who -- wiEh the trailer perhaps is twenty-four feet in length, then towing a boat thak may be twenty feet in length. You have a lot of tendency for whipping and for, I think, poEentlal accidents. I think this would be a much better bflt if we probably would have lowered the speed limit on these vehicles down to the barest of minimum, because we're talkinge ln many cases, about amateurs that could do this. If we limited it also to professional drivers that might be a differen: issue. But I don't think there's very many of us, even as sportsmen, Who would want to have a fifth wheel on a pickup truck 29  STATE OF ILLJNOJS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6: 1995 towinq a house trailer and towing a boat. I would rather see us ; ' not have to pass this legislation . There is merit, because we do t have to compete with other states and that's tbe reason we let it out of committee, and I Wanted this Body to be aware of that.

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

Thank you, Mr. President and Members of the Senate. 1 -- I really don't have any problem with this bill. 7ou know: anyone that understands the filth vheel hookup and all, is aware that they don't sway as bad as the one that's on the ball and this is very important, especially to our senior citizens that want to qo fishing or something that way to -- to pull their boat behind. gut, When you have the iiftb wheel hookup it -- it stabilizes the thing a lot. So I don't see that it's any problem.

PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? Senator Woodyard, to close.

Thank you, again, Mr. President and Members of the Senate. Well, I certainly would not be proceeding with this legislaEion if l had any feel whatsoever tbat there were safety problems with 1 this. And1111guaranteeyouDepartmentofTransportationandthe 1 State -- Illinois State Police vould not have draéted the language in this bill, if they had a thought there would have been -- and be neutral on it today, if they had a thougbt that this would pose any kind of -- of safety bazard. ln addition, they are -- there's a maximum length that this can bez much shorter than -- than a regular semitraller, and certainly I -- a11 my intent was -- Was to try to get uBincompliancewikhwhatoursisterstatesare l doing Andr I think, make it a little more palatable for some of . i our vacationers that have to cross the State of Illinois, not to have to go through Arkansas to get to the Dake of the Ozarks in ' 30  STATR OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 Missouri. I ask for a favorable vote. PRESIDING OFFICER: (SENATOR WEAVER) ! I ' The j question is, shall House Bill 603 pass. Those in favor 1 will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 4B, the Nays are l0. House Bill 603, havinq received the constitutional majority, is declared passed. Senator O'Daniel, on 614. Read the bill, Mr. Secretary.

House Blll 614. (Secretaryreadstitleofbill) 3rd Reading of the bill. t

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

Thank you: Mr. President and Members of the Senate. House Bill 6l4 includes aquaculture in the definition of production agriculture in the Sales Tax Acts. And according to the j Department of R I evenue, aquaculture's already included in the j exemptions for machinery used in production agriculture. So it's l - - has no impact on tbe State. And this bill is meant to merely -- 1 to clarify the existlng practice with the Department of Revenue. i I don't know of any oppositionz if there's any questions, 1'11 attempt to answer them .

PRESIDING OFFICER: (SENATOR WEAVER) Is -- is there discussion? If not, the question is, shall House Bill 6l4 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wisb? Have al1 voted who I wish? Take the record. On that question? the Ayes are 58, tbe Nays are none. House Bill 614, having received the constitutional I majority, ts declared passed. I I PRESIDING OFFICER: (SENATOR DUDYCZ) I I 31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRAVSCRIPT 50th Legislative Day May l6, 1995 Senator Fitzgerald? for What purpose do you rise?

Point of personal privileqe. l i PRESIDING OFFICER: (SENATOR DUDYCZ) I I State your point.

Yes. Mr. President, Ladies and Gentlemen of the Senate, l have vlsitinq with me in the Senate gallery behlnd tbe Republican stde a couple of guests from my district, Steve and Joan Fedota, and their children Jared and Katle Fedota, all from Palatine. Illinois. Katie is serving as my page for the day, and I'd -- 1'd ask them to stand and be recognized by the Senate.

PRESIDING DFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized. Welcome to Springfield. On the Order of Senate -- of House Bills 3rd Reading. In the middle of page 6, House 3ill 632. Senator Madigan, do you wish this bill returned to 2nd Reading for the purpose of an amendment? Senator Madigan seeks leave of the Body to return House Bill 632 to the Order of 2nd Reading for the purpose of an amendment. Hearing no'objection, leave is granted. On the Order of 2nd Reading isHouseBill632. Mr.Secretary,arethereany 1 Flooramendmentsapprovedforconsideration? 1 '

Amendment No. 1, offered by Senator Madigan.

PRESIDING OFFICZR: (SENATOR DUDYCZ) Senator Madiqan. 1 1 SENATOR MADIGAN: I I Thank you, Mr. President. Floor Amendment No. l to House Bill l l 632 adds an immediate effective date. I would ask for its ' I adoption. I i I PRESIDING OFFTCER: (SENATOR DUDYCZ) I Is there any discussion? If not, a11 tbose in favor, say Aye. I I 32  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 ! Opposed, Nay. The Ayes have it# and the amendment is adopted. Any I I ! further Floor amendments approved for consideration? I SECRETARY HARRY: 1 I No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 648. Senator Clayborne. Mr. Secretary, read khe the bill.

House Bill 648. (Secretary reads title of bi11) 3rd Readinq of the bill. PRESIDTNG OFFICER; (SBNATOR DUDYCZ) SenatorClayborne. 1

Thank you, Mr. President and Members of the Senate. This bill was on the Agreed 3i1l List. It requires DCFS to create a multidisciplinary review committee in each region of the State to make sure that the mandated reporters under the Abused and Neglected Child Reporting Act have the ability to have a review conducted on any situation where a child abuse or neglect report I madeby themwas unfounded, and they have concerns about the 1 I I effectiveness of the investtgation. The multidisciplinary review l I committee shall be under the jurisdiction of the child death review teams established under the Act. The child death review team, which had reference is House 5ill 648 Will survlve the multidisciplinary review team created under the bill were established by provisions of senate Bill 1357, Public Act 88-614. This Section specifically requires DCFS to create multidisciplinary teams statewide to review every death of a child who have been involved with the Department. I know of no opposition to this bill, and 1 ask for a favorable vote. PRESIDING OFFICER: (SENATOR DUDYCZ) 1 I 33  STATE OF ILLINOIS 89TH GENERAL ASSSMBLY REGULAR SESSION SENATE TRANSCRIPT I 50th Leqislative Day May l6, 1995 1 i ! I 16 there any discussion? Senator Watson. 1 J SENATOR WATSON: i I Yes. I Thankyou,Mr.President. Justquestionofthesponsor? 1

PRESIDING OFFICER: (SENATOR DUDVCZ) Sponsor indicates he will yield. Senator Watson.

Are we adding more responsibility to the Department of Children and Pamily Services or are we takinq responsibility away?

PRESIDING OFFICBR: (SENATOR DUDYCZ) Senator Clayborne.

We're not adding more responsibilityp nor are we taking it away. What weïre doing is having someone to assist. We're having independent bodies -- independent group made up of -- of a -- one DCFS employee, a law enforcement official, a licensed soclal worker and a representative of the State's Attorney's Office to review certain documentation as lt relates to a -- a abuse or neglect case, and to offer recommendations to them. The only burden that we're placing on DCFS is to -- is to adopt rules to implement thts hct. PRESIDING OFFICER, (SENATOR DUDYCZ) Any further discussion? Senator Jacobs.

Senator Clayborne, what is a multidiscipline committee?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Clayborne.

It's -- it's just a -- a committee that is made up of various different people in various professions. Such as DCFS, 1aw enforcement, social workers and a prosecutor from Ehe State's Attorney's Office.

PRESIDING OFFICER: (SENATOR DUDYCZ) 34  STATB OF ILLINOIS 89TH GENERAL ASSEMBLY RBGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6: 1995 ! senator Jacobs. ; 1 SENATOR JACOBS: 1I Aren't a11 committees made up of different people? 1l

PRESIDING OPFICER: (SSNATOR DUDYCZ) Senator Clayborne.

Yes, 1 -- I would agree with that.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.

It would seem to me, Senator, that to have many people in need of diccipllne on a committee, makes very little sense. Why would you want to have a number of people who have no discipliae to be on a committee? PRESIDING OPFîCBR: (SBNATOR DUDYCZ) Senator Clayborne. SENATOR CLAYBORNE: . You want to have various people *ho come from different backgrounds to give different opinions based upon their experience.

PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Jacobs. SENATOR JACOBS; But if those experiences are a11 negative and they lack discipline, why would you want to have them on a committee? yt makes very little sense to me.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Clayborne.

Well, the purpose of it and -- and I will agree unless DCFS is able, and T'm sure in this case they make appointments of people who have the competence and that are qualified to render and give 35  STATE OF ILLINOTS 89TH GENERAL ASSZMBLY REGULAR SBSSION SENATE TRANSCRIPT I i 50th Leglslative Day May l6, 1995 ' valuable advice as it relates to issues of child abuse and I l neglect. j PRESIDING OFFICER: (SENATOR DUDYCZ) t Senator Jacobs.

Well, I Would just say that belngs that discipline is -- has been one of tbe key issues of this Legislative Body, that because we want discipline to be in multi-stages that we should probably all look at this and vote No on this bill.

PRESIDING OFFICBR: (SENATOR DUDYCZ) Any further discussion? If not, Senator Clayborne, to close.

Yes. l Would just ask for a favorable vote on House Bill 648.

PRESIDING OFFICBR: (SENATOR DUDYCZ) The Senator was closing, Senator Hendon. Senator Hendon, for what purpose do you rise?

Thank you very much, Mr. Chairman. Will the sponsor yield?

PRESIDING OFFICBR: (SENATOR DDDXCZ) Sponsor indicates he will yield, Senator Hendon.

Senator Clayborne: is this your first bill?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Clayborne.

This is -- this is my first bill. Yes.

PRESIDTNG OFPICER: (SENATOR DUDYCZ) Senator Hendon.

Could -- can you explain to me Why you selected Senator Raica as your co-sponsor? That may hurt your changes with this bill 1 here. And I -- I have to join Senator Jacobs. 1 don't 1 36  STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1595 understandt for the life of me. what this bill does or why you're this bill is -- whg even pushing something like that. I just can't understand it, Senator and 1, you know, T think there'll be a 1ot of red -- red lights up there, myself.

PRBSIDING OFFICER: (SBNATOR WEAVER) Any turther discussion? Senator Clayborne, to close.

Aqain, would ask for the Senate to vote give a favorable vote on this bill, because it will assist DCFS and allow them to get other information that is needed.

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 648 pass. Those in favor will vote àye. opposed will vote Nay. And the votin: is open. Have all voted who wish? Have all voted who wish? Have a1l voted who wish? Mr. Secretary, take the record. On that question, there are 58 Ayes, no Nays, none votinq Present. And House Bill 648, having received the required constitutional majority, is declared passed. House Bill 653. Senator Trotter. Out of the record. House Bill 729. Senator Rauschenberger. Madam Secretary, read the bill.

House Bill 729. (Secretary reads title of bill) 3rd Readlng of the bill.

PRCSIDING OFFICER: (SBNATOR DUDYCZ) Senator Rauschenberger.

House Bill 729, has two provisions. The first provision requires, in the future, people -- re-drillinq subdivision or personal wells notify their local government of the depth of the well, so can be recorded. There's been a problem ln the suburbs of people drawing off ot aquafers in a -- witbout people 37  STATZ OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIOH SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 understanding who else is on the aquafers. This allows local government to track whofs pulllng from what level in suburban areas and throughout the State. The second provision of this bill deals with allowin: permissive licensing of Jllinois laboratories that deal With water quality. requires the laboratories to pay a11 their own iees, and is unopposed <sicl by no one.

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

Would the sponsor yield?

PRESIDING OFFICER: (SENATDR DUDYCZ) Sponsor indicates he will yleld, Senator Jacobs.

Senator, you know, we just got through with a first-bill grillinq. Senator -- it -- it -- it's your tradition, Senator Senator. it's your tradition to pass one bill a year. Already this year you're at about twenty, and you've probably got another ten yet to come. I think would only be fair if you would share your load with some of your other Members.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Watson.

Yes. thank you. l'm not so sure I'd want to share this one with any of my Members. Let me just ask -- T want to ask a question of the sponsor.

PRESIDING OPFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Watson.

: live in Bond County, and 1 -- I live out on the farm, and I want to drill a well in the back yard. Who do call to get permission? PRESIDING OFFICIR; (SENATOR DUDYCZ) 38  STATB OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 Senator Rauschenberger.

Senator, it doesn't require permission to drill a well. You'd notify whoever was in charge of your zoning. In the case of the county, you'd notify the county of the depth at which you -- your well Went to.

PRESIDING OPPICER: (SENATOR DUDYCZ) Senator Watson.

Do you think Bond County really is going to care?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

This bill only applies your local government requires a permit to drill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

So if we have county zoning then that -- that would be a requirement.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

If they require a permit to drill a well. If -- lf your county does not require a permit to drill a well, this wouldn't aPply.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? Senator Welch .

have a question of the sponsor?

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Welch. 39  STATE OF ILLINOIS 89TH GENCRAL ASSEMBLY REGULAR SBSSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995

Senator Rauschenberger, we passed a bill requiring set backs I for wells for basically farms or anybody dealing with pesticides. i Does this affect that in any way? ; I PRESIDING OFFICER: (SENATOR DUDYCZ) i I Senator Rauschenberger. I

No, Senator, it doesn't.

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

1 -- I welcome Senator Jacobs' comments, and would be very happy to meek with him after Session and discuss him perhaps sponsorin: a -- the excess bills that I'm carrying if he's willing. And l1d appreciate a favorable roll call.

PRSSIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 729 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who xlsb? Have all voted who wisb? Have a1l voted who wish? Take the record. On that question, tbere are 55 Ayes, l Nay, and l voting Present. House :ill 729, havin: received the required constitutional majority, is declared passed. House Bill 753. Senator Maitland. Madam Secretary, read the bill.

House Bill 753. (fecretary reads title of bill) 3rd Reading of the bill. I PRESIDING OFFICER : (SENATOR DUDYCZ) h I I Senator Maitland. I l SENATOR MAITLAND: I 1 Thank you very much,Mr. President and Members of the Senate. 1 I 40  I j STATE OF ILLINOIS I ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 House Bill 7B3 make: the operator or installer of a private exchange switch responsible for maintaining the same level of 9-1-1 service to subscribers as is provided by a11 other carriers. The bill, frankly, is intended to shift the responsibility from the local exchange carrier, who has really no efiective way to police compliance with this provision, to the installer and operator of -- of the grivate switch system. This bill passed out oj the House ll5 to -- to nothing and there was no discussion in committee. 1 would seek support of the Body, Mr. President. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discu6sion? If not, the question is shall House Bill 753 pass. Those in favor Will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. And House Bill 753, having received the required constitutional majority, is declared passed. House Bill 801. Senator Hasara. Madam Secretary, read the bill. ACTING SECRETARY HAWKEZ: House Bill 801. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SBNATOR DUDYCZ) Senator Hasara. SENATOR HASARA: Thank you, Mr. President. Senate <sic> Bill 80l simply clarifies that community colleges are units of local government. There evidently has been some confusion about payroll deduction for charitable conEributionsr and I've been ask to sponsor this bill for them. I'd ask for a favorable roll call. PRESIDING OFFICER: (S6NATOR DUDYCZ) ls there any discussion? Senator Bowles. If Ehere's no 41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I ' 50th Legislative Day May l6, 1995 ! discussion, the question is, shall House Bill 80l pass. Those in favor will vote Aye. Opposed wlll vote Nay. And the voting is ! I open. Have all voted who wish? Have all voted who wish? Have all I ' voted who wish? Take the record. On that question, there are 59 Ayes, no Nays, none votin: Present. And House Bill 801. having received the required constitutional majority, is declared passed. On the top oi page 7 oé your regular Calendar, #s House Bills on the Order of 3rd Readinq. House Bill 868. Senator Mahar. Madam Secretary, read the bill. ACTING SECRETARY HAWKER: House Bill 868. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar. SENATOR MAHAR: Thank you: Mr. President and Members. House 3i11 868 requires DCFS to submit to the Governor and General Assembly a written plan for the development of in-state licensed secure child care facllitles, that care for children who are in need of secure living arrangements for their health, safety and well-being. DCFS is in support of this. Committee Amendment No. l allows for tbose entities who wish to participate in programs funded by Mental Hea1th, DASA or DCFS to be allowed to do so Without regard to their tax status. This is a bill that I sponsored, and passed this Chamber unanimously. 1 know of no opposition to this and I would ask for your support. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 868 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On I 42  STATE OF JLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 that question, there are 59 Ayes, no Nays. none voting Present. And House Bill 868, having received the required constitutional ! majority. is declared passed. House 3i1l 897. Senator Hawkinson. : I Out of the record. House Bill 929. Senator Walsh. 0ut of the i record. House Bill 955. Senator Karpiel. House Btll 956. 1 Senator Berman. Senator Berman. Madam Secretary, read the bill.

House Bill 956. 1 (Secretary reads title of bill) 3rd Readinq of the bill. PRESIDING OFFICDR: (SENATOR DUDYCZ) I Senator 3erman. SENATOR BERMAN ) Thank you, Mr. President. Senate -- House Bill 956 requires the Department of Insurance to administer a program to provide assistance to seniors in insurance related matters. The Department must recruit and train volunteers to provide insurance counselin: anJ education through public forums. The goal will be to provide a11 seniors access to the proqram and it's -- it is supported by the Department of Insurance.

PRESIDING OFFICDR: (SENATOR DUDXCZ) Is there any discussion? If not, the questlon is, shall House Bill 956 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And House Bill 956, having received the required constitutional majority, is declared passed. House 3i1l 1070. Senator Petka. I 1 Senator Petka. House 9ill 1116. Senator Dillard. House Bill I I 1197. Senator DeAngelis. Madam Secretary, read the bill. h I I ACTING SECRDTARY HAWKER: I ! House Bill 1197. I 43  I ! ' STATE OF ILLINOIS k 89TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICBR: (SENATOR DUDYCZ) Senator DeAngelis. SCNATOR DeANGELIS) Thank you, Mr. President. House Bill 1197 permits a church to be located within a hundred feet oi property that holds a liquor license. This is a request made by church. It -- it still requires zoning approval, but the autborities may, in fact, adopt this. Be happy to answer any questions. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1197 pass. Those in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 Ayes, 7 Nays, none voting Present. And House 3i11 1197, having received the required constitutional majority, is declared passed. House Bill 1212. Senator peterson. House 3ill 1268. Senator Hawkinson. House Bill 1322. Senator Dillard. House Bill 1363. Senator Garcia. House Bill 1633. Senator Sieben. House 3ill 1653. Senator Hawkinson. Madam Secretary, read the bill. ACTING SECRETARY HAWKDR: House Bill 1653. (Secretary reads title of bill) 3rd Readinq of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson. SENATON HAWKINSON: Thank you, Mr. President. This is the soy ink bill that many of you have asked to be co-sponsors of, and it requires all printing by or for the State to use soybean ink unless the aqency 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 determines that another type of ink is required because of quality or cost. We have amended it here in the Senate at the request of CMS, to only require when it's practical. So it wouldn't have to used on certain kinds of hunting stamps and others where it would be impractical to use the soy ink. think it's an important bill for agriculture. lt's -- it's a statement, perhaps symbolic, but also helpful in promoting the use of our aq products. And I would ask for your Aye vote.

PRESIDING OFFICER: (SDNATOR DUDYCZ) Is there any discussion? Senator O'Danlel.

Thank you, Mr. President, Members of the Senate. rise in support of this bill. You know, Illinois is the leading soybean producing State in in the nation with some huge processing plants at -- at Decatur and -- and Gibson City and around in different places and I think it's fitting that -- that we should pass this legislation.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Welch. SENATOR WELCH Z have question of the sponsor.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he Will yield. Senator Welch.

Senator Hawkinson, What is the determination that soybean ink is not the proper type of ink to use for a particular prlntinq purpose? How -- who decides that and based on what criteria?

PRESIDING OFFICER: (SENATOR DUDYCZ) SenaEor Hawkinson.

The agency -- the agency involved would decide.

PRESIDING OFFJCER: (SENATOR DUDYCZ) 45  STATE OP ILLINQIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 Senator Welch.

So if the Governor decides he wants to have a full color photo of himself, in an annual report the Governor decides that we will have a full color picture of him regardless of whether soybean ink can or cannot be used?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson.

No response.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Hawkinson, to close. Senator Welch .

1'm just wondering if we're going to continue to have these full color photos from the statewide office holders of -- of themselves sent out with these annual brochures? Is that -- is that to be in soybean ink? If it can't be in soybean ink, why bother having them? Why not just say that a1l printing must be with soybean based ink?

PRESIDING OFFTCZR: (SENATOR DUDXCZ) Senator Hawkinson.

1 answered your questton earlier. That'll be determined by the agency. As a practical matter you cannot have all printings with soybean ink. Some of it is just impractical and the Ag industry? and Ehe sponsors in the House and myselfe has agreed that we ought to use it whenever practical, but it can't always be done. PRESIDING OFFICERI (SENATOR DDDXCZ) Any further discussion? If not, Senator Hawkinson, to close.

Thank you, Mr. President. I think this is an important bill 46 I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6, 1995 ; I I for agriculture. We ouqht to encourage the use of the corn and I soybeans used in Illinois, and 1 would solicit your Aye vote. 1 I PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 1653 pass. Those in -- those ln éavor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none votlng Present. And House Bl1l 1653, havinq received the required constitutional majority, is declared passed. CND OF TAPE TAPE 2 PRESIDTNG OFFICER: (SZNATOR DUDYCZ) House 5i11 1698. Senator Donahue. Madam Secretary, read the bill. ACTING SECRETARY HAWKCRt House Bill 1698. (Secretary reads title of bill) 3rd Readinq of the bill. PRESIDING OFFICER: (SBNATOR DUDYCZ) Senator Donahue. SENATOR DONAHUE: Thank you very much, Mr. President. House Bill 1698 provides that -- or expands the Hospital Lien Act to a11 hoGpitals and not just not-for-profit and county hospitals, and I would ask for your support, and be happy to answer any questions. PRESIDING OFFICER: (SBNATOR DUDYCZ) %7  STATE OF ILLJNOIS 89TH GENENAL ASSEMBLY REGULAR SBSSION SENATE TRANSCRIPT 50th Legislative Day May l6# 1995 , Is there any discussion? If not, the question is, shall House I I Bill 1698 pass. Those in favor will vote Aye. Opposed will vote . I Nay, and the voting is open. Have al1 voted *ho wish? Have all i voted who wish? Have a1l voted who wish? Take the record. On l that question, there are 59 Ayes, no Nays, none voting Present. I And House Bill 1698, having received the requlred constitutional majority, is declared passed. Tbe top of page 8 of your reqular 1 j Calendar. I HouseBills3rdReading. House Bill 1711. Senator 1 I Cronin. Madam Secretary, read the bill.

House Bill 1711. (Secretary reads title of bill) 3rd Reading of the bill.

PRZSIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.

Thank you very much, Mr. President. Sorry for the delay here. This is a very important blll. It allows the highway commissioner with the Reqional Transportation Authority service area to contract with the RTA for the purchase of publlc transportation services. This is a bill that was discussed in committee. It received overwhelming support. I knowofnooppositiontothe 1 bill. Ifdaskforyourfavorableconsideration.

PRESIDING OFFICER: (SENATOR DUDYCZ) 1 Is there any discussion? If not, the question is: shall House Bill 1711 pass. Those in favor will vote Aye. Opposed wi1l vote Nay. And the voting is open. Have a1l voted who Wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 59 Ayes, no Naysp none voting Present. And House Bill 1711, having received the required constitutional majority, is declared passed. House Bill 1721. Senator I Cullerton. Senator -- Senator Cullerton. Out of the record. 1 48 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 House Bill 1730. Senator Palmer. Out of the record. House 3i11 1755. Senator Madigan. Madam Secretary, read the bill. ACTING SECRETARY HAWKER: House 3ill 1755. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SDNATOR DUDVCZ) Senator Madigan. SENATOR MADIGAN: Thank you, Mr. President, Members of the Senate. House Bill 1755 represents in leqislative form the task force recommendations of the primary care task iorce that met over a course of couple of years. lt creates the Primary Care Medical Education Advisory Committee Act; appoints representatives from the appropriate organizations to work witb the universities' medical scbools in addressing the problem of primary care or rural care. Basically that's what House Bill 1755 does. Iïd be qlad to answer any questions on House Bl1l... PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House 9ill 1755 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have al1 voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. House Bill 1755, having received the required constitutional majority, is declared passed. House Bill 1790. Senator Madigan. Madam Secretary, read tbe bill. ACTING SECRETARY HAWKER: House 3ill 1790. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) 49  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 i I Senator Madigan. 1

Thank you, Mr. President, Members of the Senate. House Bill 1790, as amendedy authorizes tbe Department ol Professional Regulation to be able to deny a license or renewal of a license to a person who has defaulted on a scholarship that has been provided or guaranteed by the lllinois State Student Assistance Commission or any governmental aqency of the State. It also continues the practice of fundin: nursing scholarships through the Nursing Dedicated and Professional Fund. That extends that expiration date of that program. I would be glad to answer any questions on House Bill 1790: as amendedv or otherwise ask for #ts approval. .

PRESIDING OFPICER: (SBNATOR DUDYCZ) Is there any discussion? If not, the question is# shall House Bill -- Senator Geo-Karis.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Geo-Karis.

Does this apply to the otber professional people who have defaulted on the scholarship or only to the nurses?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madiqan.

Senator Geo-Karis, it relates to anyone who ls regulated or their license is regulated by the Department of Professional Regulation.

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

Mr. President and Ladies and Gentlemen of the Senater I'm very 50  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 glad to see this bill. Itfs about time some of these clowns that have taken advantage of the money from the State, pay up. ' I PRESIDING OFPICER: (SENKTOR DUDYCZ) h I Any further discussion? If not, Senator Madigan, to close. 1

: would just ask for a favorable roll call.

PRESIDING OPFTCER: (SENATOR DUDYCZ) Question is# shall House 3ill 1790 pass. Those in favor will vote Aye. Opposed will vote Nayy and the voting is open. Have al1 voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. House Bill 1790, having received the required constitutional majorlty, is declared paGsed. House Bill 1791. Senator Hasara. Madam Secretary, read the bill.

House Bill 1791. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFTCER: (SBNATOR DUDYCZ) Senator Hasara.

Thank you, Mr. President. Senate -- House Bi11 1791 actually does three things. It updates our Statutes to reflect the name chanqes of State buildings. I can give those to you, the State of Tllinois Center, James R. Thompson Center; Rockford Office Butlding, pzekel Giorgi Center; Illinols Children's School and Rehabilitation Center, lllinois Visually Handicapped School, are combined and chanqed to the lllinois Center for Rehabilitation and Education; Illinois State Psychiatric Institute to Metro Children and Adolescents Center; and Main Township High School North to I SuburbanNorthFacility. It also prospectively cbanqes the name of 1 j I the East St. Louis Regional Building to the Eenneth Hall Regional 1 I 51  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SCSSION SBNATE TRANSCRIPT 50th Leqislative Day May l6, 1995 State Buildinga And the third thing this bill does is, provides I that when the federal rate for mileaqe reimbursement chanqes that ! . I change will be reflected at the start of the State's next fiscal I yearinsteadofimmediately. I'dbegladtoanswerany questions 1 I and Would ask for favorable roll call. 1 I

PRESIDING OFFICER: (SENATOR DUDYCZ) ls there any discussion? If not, the question is, shall House I 1 Bill 1791 pass. Those in favor will vote Aye. Opposed will vote ( Nay. Andthevotingisopen.Haveallvotedwhowish? Have al1 1 I voted wbo wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. And House 3i1l 1791, havin: received the required constitutional majority, is declared passed. House Bill 1810. Senator Peterson. Madam Secretary, read the bill.

House Bill 1810. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SSNATOR DUD7CZ) Senator Peterson.

Thank you, Mr. Presldent. House Bill 1810 allows an lncome tax deductton for health insurance premlums paid by self-employed individuals, members of partnerships and shareholders of Subchapter S corporatlons. It also grants a deduction to those individuals who are not able to participate in another employers 1 9rOup insklranCe 7lan. And fina1ly, ( Jives equal treatment to self I I employed individuals who must currently pay taxes on income they I paid on health insurance premiums. Employees of other businesses 1 already have their health insurance costs treated as a nontaxable l expense. Ask for your support of House Bill 1810, I I PRESIDING OFFICER: (SENATOR DUDYCZ) I 52  STATE OF ILLINOIS 89TH GENBRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 ls there any discussion? Senator -- Senator Palmer.

Thank youp Mr President. A question of the sponsor. PRESIDING OFFICERI (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Palmer.

Senator Peterson, I believe there is a fiscal note or at least a fiscal consequence to this bill. As 1 understand it? it's something like ten million dollars. Is that correct?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson. SENATOR PBTERSONI Well, that's the estimate from the Department of Revenue. Economic and Plscak Commission say tbey can't determine the cost. So and that -- that is based on a premise that a hundred percent of the people would utilize it and a lot of people who are self-employed may be on their spouses health insurance already. So they're takin: the worst scenario. We don't think that comes anywhere near what the cost would be.

PRBSIDING OFFICER: (SENATOR DUDYCZ) Senator Palmer.

So is it proper to say that, accordin: to my analysis, those who get a return would really only get sixty-five dollars and ninety-six cents?

PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Peterson.

Yes. 1 believe that's the estimate the Department Of Revenue has qiven and as the -- would like to point out, as the federal deduction goes up, which was just -- a congressional bill went through that was signed by khe Presldent that allows for a 53 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SBSSION SENATE TRANSCRIPT 50th Leqislative Day May l6, 1995 i I thirty-percent deduction. As that deduction rises, which I I understand they 're going to increase that, then our liability uoukd go down. Vo ff tt's a hundred-percent federak reductlon we would have no liability at the State level. PRESIDING OPFICER: (SBNATOR DUDYCZ) Senator Palmer. SENATOR PALMER: Last Question. You have just lead into my last question. Since this seems to be somethinq that is still being considered and discussed at the federal level, why are we rushing to 6o it at the State level when tbere is the possibility that the federal government will, in fact, allow people above the thirty-percent mark where it already is? PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Peterson. SENATOR PETERSON: Well the tbirty percent was just signed into law, I believe: this sprinq. So 1 would assume we're looking into the future as prospective that -- maybe in the next session that there'll be a congressional bill to increase the deduction . PRESIDJNG OFFICER: (SENATOR DUDYCZ) Any iurther discussion? Senator Parker. SRNATOR PARKER: Thank you, Mr. Ptesident. 1'd would like to speak to the bill. Three concerns, and T think we have to remember that this Was bill -- Senate 3111 267, very similar to it, that originally was not voted out of the senate because of many concerns. One that Senator Palmer addressed, was the Revenue note. I have heard numbers from ten million dollars to possibly to nine or nine and a half million dollars. I think with the provider tax that we have With the hospitals? With the fiscal situation that we have in this 1 State, and particularly the Public Hea1th and Welfare Committee, 51  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY RKGULAR SEGSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 where We have people that have come before us With specific needs, j i I don't thlnk this is the time to be givin: a tax break of almost I i - - it could be nine or ten million dollars with the revenue stream I I that we have. The second thing that we have to be aware of is I l that thts puts another exemption on wbat we really would want to I 1 have as a simple flat tax in this State. Even the federal I government is talking about a simple flat tax. So this goes into an exemptlon and could be more of graduated tgpe of a tax which ue j don't want to have in this State. Third thing is, this ts really 1 ) not a State issue. This is a federal issue. The -- the exemption I i and the tax break is already belng given noW at tbe federal 1 1 government for thirty percent. That is where it should stay. 1 I They should lobby the federalgovernmentiftheywouldliketo have a hundred percent t I . That would make sense at the federal j level, but let's not have this be at the State level. So I would I I urge a No vote on this bill. I I I PRES:DING OFFICER: (SENATOR DUDYCZ) I Anyfurtherdiscussion? senatorWelch.

j 1 I Yes. With the last tWo weeks of the Legislative Session l I before us, we 're a11 looktng for revenue to keep programs that are l i in existence running. What this bill does is take ten million I t dollars right I out of the budget for the next year. The j ten-million-dollar figure is -- is from the -- the State i . Itls not somethin: made up by some interest group or somebody else trying to kill this bill. This is a estlmate of the Department Of Revenue. This also sets the precedent that we're going to start having tax exemptions on the state income tax return. We've had 1 l several of those that have been deieaEed in the past. This i 1 particular item was defeaEed twenty-four to seventeen back on I I March 16th - this same proposal. It was a good idea to vote i I I against lt khen, even though it's a -- it's a dlfficult vote, i 55  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 it's -- it's something that would be beneficial. The State cannot afford it. lf we're setting priorities, is this really one of the prlorlties we want to set? Set that above feeding the poor. Set that above Department of Children and Family Service funding. Set that above Correction funding. There are a lot of programs that are more worthy than this one. And I don't tbink this is the time to pass a ten-millton-dollar tax break here in the State of lllinois. Thank you.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? Senator Fawell. SENATOR FAWELL: i Thank you very much. Eighty-five percent of our businesses I now in this State are now owned by -- are -- are -- now are i companies that employ twenty-five or less. The grovth in any business that we've got in tbis State, are those small companies. Seems to me we ouqht to be encouraging small companies to start-up, partnerships to be able to start-up, and be able to continue the growth in our economy. This bill will help that small guy - that Ma and Pa group - who we are always talking about and never seem to be able to do anything for. We managed to do this for the big corporations. They get a hundred-percent deduction for health insurance. And yet, the poor quy that's -- that's -- runs the gas station at the end of tbe block can't take his health insurance off, unless we pass this bill. It seems to me this is a good bill. We're finally doing something for that small guy who wants to improve, who wants to expand his business, and -- and maybe be able to hire two or three more guys. And I think we all ought to be on board.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Geo-Karis.

Mr. presiden: and Ladies and Gentlemen of the Senatez I concur 56  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SBNATE TRANSCRIPT 50th Legiltative Bay May l6, 2995 With Senator Pawell's remarks. I miqht add that the small business person is the one who's really, really affected. And we're trying to belp out in health care, and bow else can we do it if we don't do it this way? At least, this is the least painful and I certainly suqqest that We a11 vote for And as far as the Department of Revenue goes they make blat in estimates, ten million, nine million, and tbey don't even know what they're talking about half the time, on that score. So J ask for a iavorable vote on tbis bill.

PRSSIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Klemm.

Well, you know, actually -- thank you, Mr. President. Actually, this is a savings to the taxpayer in this State, because one of the biggest expenses we have in government today is Medicare, Medicaid and trying to take care of those people that don't have the wherewithal to handle this situation later on in life. Here's an opportunity to 1et small business people get an opportunity to do, as Senator Geo-Karis and Senator Fawell have said, to participate in a program of their own choosing with their own dollars preparing them for when they retire or need long-term care health. What better proqram could we provide, really? Instead of the State comin: along later on and puttinq them on the -- on some publîc dole, paying their premtumsp causing problems with Medicare and Medicaid againy it seems like herels an attempt to step in the riqht directlon. We allov it for every large corporatlon that has a program Ehemselves. These are small business people. This think, a program that Will save us money and 1 sure ask for your support on this important bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Bowles.

57  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY RBGULAR SESSION SENATE TFANSCRIPT soth Legislative Day May 26, 1995 Thank you, Mr. Chairman. rise for a point of personal privilege.

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. SENATOR BOWLESI In the gallery behind me, is a group irom Senator Clayborne's district, and in his absence 1 would like to present Sister Thea Bowman School, witb Freida Lucky as the Administrator. Theylre from East St. Louis, lllinois.

PRESIDTNG OFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized. Welcome to Springfield. Any further discussion? Senator DeAngelig. SENATOR DeANGELIS: Thank you, Mr. -- thank you, Mr. Presldent. You know: I've been on this earEh for a lonq tlme and I've often wondered why the corner grocer disappeared. Why the corner drugstore disappeared. Why the corner gas station disappeared. The other day. Senator Watson talked about this gas station that had this little bit or -- or this farm land that had this little bit of contamination. I had a gas station person that would actually take the snow off my driveway. That same gas station person would change the oil on my car. That same gas statlon person would tow me in something happened to my car. But: you know, those are all disappearing and we all wonder why, as this man disappeared when he had to dig up his oi1 tank. And I qot to tell you why they disappear, because we will not: in fact, support legislatlon such as this. hear quite often fromv Senator Welch his talk about the little people. HoW we Walk al1 over the little people. How we trample on the little people. HoW we refuse to protect the little people. Senator Welcb, I never want to hear that from your lips again, because your comments are aimed right at the llttle people. You are, in iact, doing the very thing that you are so good at 58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6y 1995 protesting. Let's face it folks. The people that have made this country strong, are the little people. Tbe people who are growing the jobs are the little people. Everyday read 1BM lays off seven thousand, AMOCO lays four thousand, but Chris Lauzen keeps hirinq. Let's go with the people tha: are growln: our economy and let's quit discriminating aqainst them, by not allowing to do what every other large company is allowed to do.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator O 'Daniel.

Thank you, Mr. President and Members of the Senate. 1 rise in support of this bill. You know, the same people that are opposed to this are the ones that are opposed to enterprise zones, T:F districts or anything that will help us with blighted areas or -- or areas that really -- things that really create business in this State. If We don't do thlngs to keep small business going webll lose more than ten million dollars. ItAll -- itlll be very detrimental to -- to small businesses. tbink, you know, we do a lot of these for large business concerns and -- and the small businessman's entitled to it also. I support this.

PRESIDING OFFICER: (SBNATOR DUDYCZ) Any further discuslion? Senator Rauschenberger.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I wasn't going to say anything, but when Aldo stood up and -- when Senator DeAngelis stood up and and pointed out that *he corner grocer is gone and that there's nobody to change the oil in his car anymore and he has to pump his own gas. 1 just thought maybe we ought take just a minute and Clarify vhaE this bill's about. This bill applies to lndivldual taxpayers who are self-employed, or partners of a partnership, or shareholders in a Sub S corporation. I -- I don't know who changes Aldo's oil. 59  STATB OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6r 1995 . I i 1 don't know who ran his corner grocery store, but I -- J kind of 1 wonder if they kere self-employed, taxpayers, or shareholders in Subchapter S. There -- there is an equity argument to make here, but the equity argument belongs at the federal level where the deduction is meaningful. At the State level we have a flat-rate income tax. The purer, simpler and cleaner we keep that, the better it is for ak1 taxpayers. If -- if you believe in this kind of thfng, I think you ought to encourage your conqressman. I don't think it ought to be something that we should be mucking in. Therefs hundreds of good reasons to provide exemptions and deductions on the Illinois State income tax, but if you do, youfre goinq to have to have a fifteen-percent rate and wefre going to enter into the same thing that the federal government has begun to realize is perhaps a mistake. : -- I certainly respect Senator DeAngelis, and 1 -- maybe he's going to rise to explain this, but I want to meet those guys that do his automobile work later. Thank you.

PRESIDING OFFICER: (SENATOR DUDVCZ) Any further discussion? Senator Welch, for a second time.

Well, since -- slnce T was criticized in the debate, T thougbt I would try to defend myself, since Senator DeAngelis put words in my mouth. Senator DeAngelis, I didn't say that welre not takinq care of the little guy. But really what we're doing is wefre taking care of people who are able to form their own businesses. They're in Subchapter S corporations. They are able to take care of themselves. Now, maybe that's just a difference in philosophy between your party and our party. Xou know, many of us think that -- think of life as sort of like a -- a trip. Like on the o1d covered wagons goinq from one coast to the other. There are those on one side who believe khat those who can't make the trip -- those who are too jeeble or -- or are unable to carry on should be 60  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6p 1995 left by the roadside, and the caravan should go on. Some of us believe that we're all in this together. And everybody should remain on that wagon till we get to the other coast. And, Senator DeAngelis, I think that's the difference here. What I have said is this, this is ten million dollars out of the budget tbat could be used for other programs, sucb as DCFS, such as individuals who who are unable to care for themselves, who are unable to work. That's not like saying we're just pickinq on the small guy. I think it's a totally different philosophy, Senator. And if youfre for everybody makinq the trip from one coast to the other, ii you're for everybody pukling in the same wagon, then you would support my position: which is to vote against the special tax break, and vote No. PRESIDING OFFICERI (SENATOR DUDVCZ) Any further discussion? Senator DeAngelisx for a second time. SENATOR DeANGELIS: Yeah. Mr. -- Mr. President, I apologize, but 1et me clear one thing up. Senator Rauschenberger, you got away with this last time, when this bill came up. You are not going to get away with it again. This bill does not require any changes on the income tax form. And maybe you're not doing any income tax or paying any income tax, but if you'll look there's a space there where you either add back in or deduct income like pension income. Then it will qo right in that slot. It is not somethinq the requtres a change. It does not requlre any type of extra work on anybody's part. So let's cut out the stuff that says this bill is going to require additional work in terms of the income tax or a chanqe in that éorm.

PRESIDING OFFICER: (SENATOR DUDYCZ) ls there any further discussion? If not, Senator peterson, to close.

61 I  STATE OF ILLINOIS B9TH GENERAL ASS:MBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6# 1995 Thank you,Mr. President. 1'd just like to state that just as the State is struggling to pay it's bealEh care bills, so are the small men and women who have these businesses. They have their problems. They have their financial concerns also. Small business men and women don't ask the State to pay their bills their health bills for them. They only ask for equal treatment witb the big corporations that are already getting a tax break. Let's think about those people who create more jobs in this State. then any major corporation comblned. Let's vote Yes on this bill. Thank you.

PRESIDING OFFTCER: (SENATOR DUDYCZ) The question is, shall House Bill 1810 pass. Those in favor will vote Aye. opposed will vote Nay. And the voting is open. Have all voted Who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 42 Ayes, 12 Nays, l voting Present. And House 3ill 1810, having received the required constitutional majority, is declared passed. House Bill 1827. Madam Secretaryr read the bill.

House 3ill 1827. (Secretary reads title of bill) 3rd Readinq of the bill. PRBSIDING OFP:CER: (SENATOR DUDYCZ) Senator Hawkinson.

Thank you, Mr. President. Thls bill amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Actr and the Retailers' Occupation Tax Act, to exempt items donated to organizations ln a disaster area. The bill would exempt from the SaleG and Use Tax personal property, as follows: where it's donated by a manufacturer or a retailer in Illinois) is donated for disaster relief; is donated during a State or federally 62  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leglslatlve Day May 16, 1995 declared disaster period; is donated to an eligible organization that assists victims of the disaster who reside within the declared disaster area. This bill really comes out of the great flood of two years ago. But I think the timing is appropriate, given the events of last weekend in my area, and just a week ago here in this area. And I think it's an important bill supported by the United Way, the Red Cross and many others. I'd like to yield to Senator Syverson. if 1 mightv We have one matter of legislative intent that we need to read into the record.

PRESIDING OFFICER: (SBNATOR DUDYCZ) Senator Syverson.

Thank you, Mr. President. For the purpose of leqislative intent, can -- can you expand on what is meant by the infrastructure in 18277

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson.

Infrastructure also means privately held electric and natural ' gas facilities and distribution systems, sewer and Water purification and distribution systems, rail, air or water port facilities.

PREGIDING OFFICER: (SENATOR DUDYCZ) ls there any further discussion? If not, the question is# shall House Bill 1827 pass. Those in favor will vote Aye. Opposed will vote Nay. And khe votlng ls open. Have all voted who wish? Have all voted who wish? Have all voted Who Wish? Take the i record. On that question: there are 53 Ayes, no Nays, none voting Present. And House Bill 1827, havin: received the required constitutional majority, is declared passed. House Bill 1843. Outoftherecord. HouseBill--SenatorHendon,forwhatpurpose 1 do you rise? 63 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6: 1995 I 1 Point of personal privilege, Mr. President. i PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. SENATOR HENDON: Thank you very much. In the President's Gallery 1 want -- I have some constituents of mine here, Mrs. Thomasa Yarrington -- Ms. Thomasa Yarrington, and members of Midwest Chicaqo Avenue Business Development Association. They are doinq some economic development work on Chicago Avenue in my district, whicb is a very depressed area, and doing wonderful work, they're havinq a reception today at the Lincoln Plaza Best Western acrpss the street. Everyone is welcome from three to seven. At seven o'clock 1 they're havtn: a presentation and a little party afterwards. We have a full screen for the Bulls so you can see them. And I just wanted us to acknowledge them and give them a hand, welcome to the Senate. PRESIDING OFFICER: (SENâTOR DUDYCZ) Will our guests please rise and be recognized. Welcome to Springfield. House Bills. House Bill 1868. SenatorHasara. 1 I Madam Secretary, read the bill. ACTING SECRETARY HAWKER: i House Bill 1B68. ' (Secretary reads title of blll) 3rd Reading of the bill. PRESIDING OPFTCER: (SENATOR DUDYCZ) Senator Hasara. SENATOR HASARA: I Thank you, Mr. President. House Bill 1868 codifies current federal law regarding Medicaid reimbursement to iederally I qualified health centers. Wepve already been doing this, we're i $ just codifying lt. The amendment inserts that there mustbe 1 64  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6# 1995 ' I 1 federal money before this happens. 1#d be qlad to answer any questions, and would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any digcussion? If not, the questton is, shall House Bill 1868 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a1l voted who Wish? Have a11 voted Who Wish? Have all voted wbo wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And House Bill 1868, having received the required constitutional majority, is declared passed. House Bill 1876. Senator Syverson. Madam Secretary, read the bill.

House Bill 1876. (Secretary reads title of blll) 3rd Reading oi the bill. PRBSIDTNG OFFICERI (SENATOR DUDYCZ) Senator Syverson.

Thank you, Mr. President. House Bill 1876 amends the Illinois Insurance Code in dealing with reciprocalsy and it's frankly just taking the surplus and giving it to the free-standing medical clinlcs across Illinois. I know of no objection. It passed unanlmously out of the House earlier.

PRBSIDTNG OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Severns.

Thank you, Mr. president. I -- I rise to state some concern on this bill. I'm surprised that therels no objection, Senator, because this has the potential of taking another balf-million dollars jrom the State Pension Fund. Al1 of you know that we've -- we've dealt with the unclaimed property provision over the years. When we've needed more money we tap in*o the unclaimed 65  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SBSSION SENATE TRANSCRIPT I 50th Legislative Day May l6, 1995 property provision and -- and thls ls -- this is an attempt that, I thinkr will make our underfunded pension system more underfunded and I just tbink it's a bad bill. It's my understanding that this is initiated by t*e State Medical Society and that's fine, but it's just not the right direction to take fiscally, and I would -- 1 would urge a No vote on this measure.

PRESIDING OFFICER: (SENATOR DUDYCZ) Js there any further djscussion? Senator Carroll.

Thank you, Mr. President, Members of the Senate. 1 join to -- rise -- and Senator Severns in opposition because you know, when we looked at the unclaimed property several years ago. We d)d decide that that was a good way to help us meet our obligations to fund the unfunded liability in pensions. We have sped up, in fact, the length of time people have to hold unclaimed properties in order ko get more money faster, quicker, easier into this pension syBtem. If we start carving out exemptions from unclaimed property givin: it to pet ideas, then I think, once again, we're just dooming the pension funds and opening this up for everyone of us to come up with an idea of where we think the unclaimed property funds could be better spent. I think it's a bad road to be goinq down. I think itfs time to put the brakes on it now.

PRESTDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If noty Senator Syverson, to close.

Thank you, Mr. President. Just quickly, this -- this money does noE come out of the unclaimed pension fund and if We understand how that works and how Vt's Eunded. I think they realize it does not come -- it does not aifect the penslon funds. This is somethinq that's very important that helps those clinics that deal with those in the State that currently do not have 66  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY RBGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6# 1995 insurance, even to deduct. And we'd ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 1876 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, there are 34 Ayes: 19 Nays: voting Present. And House Bill 1876, having received the required constltutional majority, is declared passed. PRESIDING OPFICER) (SENATOR WATSON) On page 8 we have Senate Bill -- or House Bl11 1693. Senator Lauzen. Madam Secretary, please read the bill.

House Bill 1893. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen. SZNATOR LAUZBNt What House 3il1 1893 does ls, it codifies an agreement between the Department of Revenue and the Illinois Retail Merchants Association, and 1* does seven things that are agreed to by both the merchants and the Department of Revenue. I'd be happy to go into the detail, but in interest of time, J'll just answer any questions. PRESIDING OFFICER) (SENATOR WATSON) Are there any questions or any discussion? Any questions? Seeing naught, tbe question is, shall Senate Bl1I sball House Bill 1893 pass. A11 those in favor, vote Aye. Oppo:ed, vote No. The voting is open. Have a11 voted who wish? Have all voted Who wish? Have all voted who wish? Take the record. On thet question, there are 58 votinq Yes: no voting No. no voting present. House :ill 1893, havin: recelved the required 67  STATE OF ILLINOIS 89TH GBNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 5Qth Legislative Day May l6, 1995 constitutlonal majority, is declared passed. Senator Tom Dunn. Madam Secretary, please read the bill. House Bill 1931.

House Bill 1931. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Dunn.

Thank you, Mr. President. This bill would do what Senator Dudycz's bill did about two years ago for the Chicago Housinq Authority. And it would allow al1 housing authorities (n the State to exclude from income that money that was received for antidrug, anticrime, or otber security initiatives, and for the first eighteen months of employment, following a period of six months or more of unemployment, in the determination of rent for individuals *ho live in public housing, as an attempt to assist those people in getting on their feet and out of public housing.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall House Bill 1931 pass. A11 those in favor, vote Aye. Opposed, vote No. The votinq is open. Have a1l voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Yes, no voting No, no votinq Present. House Bill 1931, havinq received the required constikutional majority, is declared passed. House Bill 1968. Senafor Berman. Madam Secretary, please read the bill.

House Bill 1966. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICERI (SENATOR WATSON) 68  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 Senator Berman.

Thank you, Mr. President. This bill does what the Calendar says that it does. It adds social workers as trained intervenors under the Alcoholism and Drug Intervenor and Reporter lmmunity Law. It will expand the availabili*y oi persons to treat alcohol and drug abuse problems. I solicit your Aye vote.

PRESIDING OFFICER: (SCNATOR WATSON) ls there any discussion? Kny discussion? not, the question is, shall House 3il1 1968 pass. A1l those in favor, vote Aye. Opposed, vote No. The votin: is open. Have all voted Who Wish? Have all voted *ho wish? Have al1 voted who wish? Take the record. On that question, there are 57 voting Yes, no voting No, no voting Present. House 3ill 1968, having received the required constitutional majority, is declared passed. Senator Raica, on -- on House Bill 1977. Madam Secretary: please read the bill.

House Bill 1977. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SDNATOR WATSON) Senator Raica.

Thank you, Mr. President. House Bill 1977 requires hospitals and other facilities in the State to report each injury alleqedly caused by a violent act. It requires *he Department of Public Health to -- to coordinate those reporting and existing reporting requirements and provides for confidentiality of the information. This was agreed to. There is no knokn opposition at this time. I just ask for a favorable roll call.

PRESIDTNG OFFICER: (SENATOR WATSON) Any discussion? Senator Collins. Further discussion? notp 69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 I the question is, shall House 3ill 1977 pass. Al1 those in favory E 1 I voteAye. Opposed,voteNo.The voting isopen. Have all voted 1 who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 58 voting Yes, no voting No, no voting Present. House Bill 1977, havinq received the required constitutional majority, is declared passed. Senator Karpiel, on House Bill 2123. Do you wisb leave of the Body to return House Bill 2123 to the Order of 2nd Reading for the purpose of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2123. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 1. offered by Senator Karpiel.

PRESTDING OFFICER: (SENATOR WATSON) Senator Karpiel.

Thank you, Mr. President. Actuallyz the amendment -- Amendment l basically becomes the bill. It chanqes the -- the hundred and twenty percent of the Statewide mean for IGAP tests as the indicator of which schools would be exempt from the -- for two years, dealing with the improvement plan. I can explain the entire amendment, but I could do that on 3rd Reading as well. If you have it -- do you want...

PRESIDING OFFICER: (SENATOR WATSON) 1 would ask the Body if there's any discussion. Seeing none, a1l those in favor, say Aye. Opposed: Nay. The Ayes have it, and the amendment is adopted. Madam Secretary: are there any further Floor amendmenEs approved for consideration?

No further amendments reported, Mr. President.

PRESIDIHG OFPICER: (SENATOR WATSON) 3rd Reading. Senator O'Daniel, on House Bill 2138. Madam 70  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May .16 , J.995 Secretary: .please read the bill.

House Bill 2138. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER) (SENATOR WATSON) Senator O'Daniel.

Thank you, Mr. President, Members of the Senate. Senate Ksic> aill 2138 is legislation that both the Department oi Mines and Minerals and the Illinois Oil and Gas Association recommended and -- and are supporting. It saves the Department of Mines and Minerals money as as postage, going from certified mail to first class mail on resubmitting permits and things of th#s nature. It'll -- it'll save them about six thousand dollars. and also they're -- they're goin: to charge an additional hundred dollars to re-permit for drilling a hole or goinq in and workinq over a bole or something of this nature and that'll generate them about another ten thousand. It also is beneficial to the Illinois Oil and Gas Association. lt only requires fifty-one percent of the investors to okay -- to -- to pull a well or plug the well or something: where normally it did take sixty percent and it's really hard to locate all these -- these -- these interest holders in -- in these oil Wells, especially downstate. think it's beneficial to both Mines and Minerals and the Illinois Oi1 and Gas Assoctation. If there's any questions, 1'11 attempt to answer them. If not. I'd appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any diseussion? not, the question is, shall House Bill 2138 pass. Al1 Ehose in favor, vote Aye. Opposed, vote No. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Have al1 voted who wish? Take the 71  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 I i record. Onthatquestion,thereare 58votingYes,novotin:No, 1 no voting Present. House Blll 2138, having received the required constitutional majorlty, is declared passed. House 3i11 2177. Senator Madigan. Out of the record. House Bill 2204. Senator Raica.MadamSecretary,pleasereadthebill.

j House 3ill 2204. (Secretary reads title oi bill) 3rd Readin: of the blll.

PRESIDING OFFICER: (SENATOR WATSON) fenator Raica.

Thank you, Mr. President. What this bill provides that all identification cards are subject to provisions of the -- of the Act. Including ID cards issued by the State and federal qovernments. Currently, the Secretary of State's Office can take actions against someone from the State of Illinois who fraudulently goes out and -- and advertises that he can issue and -- and -- and make -- furnish ID cards -- phony ID cards. We're not allowed, at this point in time, to take any action against any fraudulent ID cards printed outside the State of Illinots that may be used inside the State of Illinois. This just expands the law to allow us to do that from the Secretary of State's Office. There's no known opposition. It's supported by the Illinois State police. PRESIDING OFFICER; (SENATOR WATSON) Any discussion? Any discussion? If not, the question is# shall House Bill 2204 pass. Al1 those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have all voted who wtsh? Take the record. on that question, there are 57 voting Xes: no voting No, no voting Present. House Bill 2204, having received the required 1 72  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May ;6# 2995 constitutional majority, is declared passed. House Bill 2278. Senator Parker. Madam Secretary: please read the bill. Oh, I?m sorry. overlooked Senator Welch. qouse Bill 2273. Senator Welch, would you like to have this bill read? Madam Secretary, please read the bill.

House Bill 2273. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICBR: (SSNATOR WATSON) Senator Welch.

Thank you, Mr. President. This bill arises out of a situation in a county in my district in which a child under twelve years old *as accused of raping another student in the same small school. The student, after being on probation for awhile, was admitted back to the same school and everybody in the school was very upset because the student who was raped had to qo to -- continue going to the same school with the person who was the accused, another student. What this bill allows to happen is for the school board to send the offending student to another scbool district or alternative education program. And it allows for the families to have the children separated.

PRESIDING OFFICBR: (SENATOR WATSON) Is there any discussion? Any discussion? Senator Dudycz.

Yes. Thank you, Mr. President. 1 have a (eW questions ot the sponsor, please.

PRESIDING OFFICBR: (SCNATOR WATSON) Sponsor indicates he wi1l yield. Senator Dudycz.

Senator Welch, my analysis says that this authorize: the 73  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TNANSCRIPT 80th Legislative Day May 16, 1998 school entlties to admit into the alternative education programs, persons who have been convicted of a felony, and who have either completed their sentences or been paroled, placed on mandatory supervised release, pardoned or placed on probation or conditional discharge. Who wants tbis bill?

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

The School Board of Putnam County and the parents of the child who was raped want PRESIDING OFFICER) (SENATOR WATSON) Further discussion? Senator Dudycz.

Well, your -- your blll refers to an approved alternative education programs. Who approves these programs?

PRESIDING OFFICBR: (SENATOR WATSON) Senator Welch.

These are State approved programs.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

So the State Superintendent would approve the programs. Do they -- these are programs which are funded by the State, is that correct?

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

They are funded by the local school districts.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

74  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 . .. tmachine cutoffl..vsaying that there is no State money funding these programs?

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

Only to the extent that local school districts are funded by the State, Senator. So, obviously: there are -- there are State funds involved.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

So since there are State funds, how much money was appropriated by the State last year for these alternative education programG, if you know?

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

That is the function of the local school district to appropriate that for thelr own programs, is my understandtng.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Well, it's my understanding that there was about 17.4 million dollars spent, and that served about thirty-five thousand students. Do you know how many students in the State currently could use alternative education programs?

PRESIDING OFFICSR: (SENATQR WATSOH) Senator Welch.

don't have a figure on that.

PRESIDING OFFICER: (SENATOR WATSOK) Senator Dudycz. 75  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995

Well, then 1et me tell you. During the 1993 or '94 school years, the public schools reported thirty-eight thousand nine hundred drop-outs and over one hundred and fifty thousand truants. And these are the kind of kids that should be benefiting from these alternative programs. Under the existing State program we're only serving approximately thirty-iive thousand. Leavin: over one hundred and fifty thousand children needing programs, but not having access to them. So under your bill, you're expandin: a program that cannot even meet the needs of the students that we have now. Jsn't that correct? PRESIDING OFFICERI (SENATOR WATSON) Senator Welch.

No.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Well -- well, you knowz Senator, wouldn't some of these convicted felons that would have access to these educational proqrams: wouldn't -- have -- they have had access to them within our correceional syst/m in the State?

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

This ls -- that kould be up to the school board. If the school board would let them in. This is based on a consensual agreement between one school and -- and another.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

So -- so this is -- this bill is permissive. But under your 76  STATE OF ILLIHOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 50th Leqislative Day May l6, 1995 bill, Senator, if a convicted felon, for example: some sort of a gang member who broke into a senlor citizen's home, could be admitted to an alternative program ahead of a -- ot a kid who kept his nose clean, but who dropped of school at the a:e of seventeen to go to work. think that there is no explicit prohibition against this bill -- against such people beinq admitted to an alternattve education proqram, now. don't think this bill is necessary. don't tbink we should support it.

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

Thank you. Will the sponsor yield for a question?

PRESIDING OFFICER: (SSNATOR WATSON) Sponsor indicates he will yield, Senator Fawell.

Senator, I don't have the bill in front of me: is this a permissive bill or is it lthey shalll?

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

No. ltls not a shell bill. It's a specific bill -- oh, did you say 'fshallR not shell? This is a specific bill. It's not a shell bill. It says emay be awarded under this Sectionn. It's a permissive piece of legislation.

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

If -- if there is a school district that has an alternative program, and -- and -- and I happen to have one in my county, for what we call behavior disordered emotionally disturbed kids who are frankty, on tbe verge of becoming juvenile delinquents quite often, for a lot reasons. Would my superintendent -- regional 77  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 superintendent of school have to take these kids that came back from St. Charles, for instance: and put them in this program or would he have the option oé refusing them admittance?

PRESIDING OPFICER: (EENATOR WATSON) Senator Welch.

Ko, they do not. They are authorized if they want to do it. They probably would not want to do it, I wouldn't think. PRESIDING OFFICER; (SBNATOR WATSON) Further dlscussion? Senator Rauschenberger.

Senator Welch, while I can understand, in your district, you may have an issue with a twelve year old, up in my districts they have a lot of concerns and problems with keeping convicted gang members out of our high school programs. And I guess, in -- in -- in your opinion, is there any danger that a bill like this miqht be presumptive evidence to allow those convicted felons, that some of my school districts would like to keep out of educational programs, could be presumptive evidence or -- or at least lean toward legislative intent to show that perhaps that those people had a right to be included in alternative education or regular education programs?

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch. SBNATOR WELCHI This creates no additional rights on behalf oj anyone. What it does is, it allows for a school board to admit to a program these people. They -- they can admlt. They don't have to admit. Theyfre not forced to admit. They may, if they want to.

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.

78  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 -- guess, Senator, ask a question that I think Senator Dudycz asked, our analysis leads us to believe that there's currently no explicit prohibition from this taking place anyway. So that's why I'm concerned about the fact that it might demonstrate legislative intent. Just my last question... this - - there is no prohibition currently, why do we need this bill? And -- and by passing this bill, I'm concerned -- just so you understand that it may effect What's going on in my districts: in trying to prevent qang re-infiltratlon of our high schools. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

This bill is not lntended to create any additional rights. The school board involved doesn't believe it has the authority, so they have been reluctant to transfer the student out of the district. The district that the student should be going to school in will pay the cost of sending the student to another district. So, no, it doesn't create any additional rights. PRESIDING OFFJCER) (SENATOR WATSON) Further discussion? Further discussion? li not, Senator Welch, to close.

Well, think this bill is just to clarify an existing situation to give the schools the authority to make sure that they can transfer students. The cost of the student goes with them. It's totally permissive. A school can except a child if they want. They don't have to do So thfnk that this bikk basically, is a clarification, more than a major change, in State policy. I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) The question is: shall House Bill 2273 pass. All those in 79  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RRGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 favor: vote Aye. Opposed , vote No. The voting is open. Have al1 voted who wish? Have all voted who wish? Have al1 voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 26 voting Yes, 25 voting No, l voting Present. House Bill 2273, havlng not received the required constitutional majority, is declared failed. Senator Parker, on House Bill 2278. Madam Secretary, please read the bill. ACTING SBCRETARX HAW%ER: House Bill 2278. (Secretary reads title of bill) 3rd Reading oj the bill.

PRESIDING OPFICBR: (SBNATOR WATSON) Senator Parker.

Thank you, Mr. President. Ladies and Gentlemen of the Senate. Senate -- House 3il1 2278 simply amends the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics, Firemen and State Employers <sic> Compensation Act. It increases the compensation for death in the line of duty from fifty thousand to a hundred thousand dollars. An increase is provided about every ten years. The last was provlded in 1983. This passed out of the House with no opposition. lt was an agreed bill in the Insurance and Pensions Committee. T would ask for a favorable vote.

PRESIDING OFFICSR: (SENATOR WATSON) Is there any dlscussion? Any discussion? :f not, the question ise shall House Bill 2278 pass. All those in favor, vote Aye. Opposed, vote No. Voting is open. Have a11 voted who wish? Have all voted who wish? Have a11 voted Whc Wish? Take the record. On that questionp there are 55 voting Yes, no voting No, no voting present. House Bl11 2278, having received the required constitutional majority, is declared passed. senator Madigane on 80  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 House Bill 2231 Ksic> (2331). Madam -- excuse me. Mr. Secretary, please read the bill.

House Bill 2331. (Secretary reads title of bill) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan.

Thank you, Mr. President, Members of the Senate. House Bill 2331 is a Department of Insurance admintstration bill, which makes numerous changes in the Insurance Code. 1'11 be glad to answer any questions on House Bill 2331, and wo'uld otherwise ask for its approval.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall House Bill 2331 pass. A11 those in favor, vote Aye. Opposed, vote No. Voting is open. Have all voted who wish? Have all voted who wish? Have a1l voted who wish? Take the rëcord. On that question, Ehere are 57 voting Yes, no votinq No, no voting Present. House Bill 2331, having received the required constitutional majority, is declared passed. Senator Butler. Mr. Secretary, please read the bill.

House Bill 2334. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Butler.

Thank you very much. Ladies and Gentlemen, House Bill 2334 essentially codifies existin: practice. It provides language also 81  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 to conform with federal requlations. Basically, it creates the HOME Investment Trust Act -- Trust Fund Act: Which permits the ' Governor to designate the Illinois Housinq Development Authority I to act -- to act on behalf of the State with regard to the HOME I rogram. ' Phe HOME prcgram, as you knowy is the -- is the federal l ! low-income housing program. So this bill, essentially , allows Illinois to conform with federal regulations. I ask your favorable vote. PRESIDING OFFICER: (SBNATOR WATSON) i Is there any discussion? Any discussion? lf not, shall House Bill 2334 pass. All those in javor, vote Aye. Opposed, vote No. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, ! there are 58 voting Yes: no voting No, no voting Present. House Bill 2334, having received the required constitutional majority, is declared passed . House Bill 2339. fenator Parker. Madam -- Mr. Secretary, please read the bill. .

House Bill 2339. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING QFFICER: (SENATOR WATSON) Senator Parker.

Thank you' Mr. President and Ladies and Gentlemen of the Senake. House Bl11 2339 slmply requlres a rental car company to rent a vehicle to a designated driver oi a nondriving person with a disability. This does not put any additional burden on the rental car companies. The designated drlver would have to meet the same requlrements which other persons renttnq vehëcles must meet. The rental car companies have no problems with this bill. And this was -- there was no opposition in the House, and it I 82  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May 16, 1995 passed out of committee with no opposition. I

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Jacobs I . i

Y I es. senator, just one question, if she would yield.

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she will yield, Senator Jacobs.

Senator Parker, in -- in the debate we did discuss, and as you i I ndicated, the car rental people are not opposed to this ' 1egislation, but we did raise the question about liability. We i j know that this person is: in fact, renting the car and someone i else is qoing to drive it. 3ut what would happen -- and that Was : the question we raised: Who would be liable if that person did decide to -- to drive that car, even though they may be not able to? What would happen and who would be liable? I think we -- we ; asked that question. I don't know if you were able to find out an : answer to that or not. E

PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.

I thought the understanding was that it would be the same as if, you know, an able-bodied person had rented the car and then had somebody else drive it. Certainly the person who was renting the actual car should be liable for that.

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

My question is, and 1 think it's where we probably had our hang up a little bit: What would be the responsibility and -- and the legal responsibility if that driver would happen to drive it and come back and say, ''Hey, you rented this vehicle to me knowin: 83  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SBSSION SBNATE TRANSCRIPT 50th Leqislative Day May l6, 1995 full well that I can't see and 1 chose to drive it''? Who's responsible? PRESIDING OFPICERI (SENATOR WATSON) Senator Parker.

1'm not sure if I understand your questton. àre you saying if the desiqnated driver were to get in an accident and then al1 of a sudden he says, 1'm not liable? Who are you saying?

PRESIDING OFFICER: (SENATOR WATSON) Senator Jacobs.

What Ifm saying is, the blind person, or maybe legally blind but not totally blind, comes to rent this vehicle, that he or she then, instead of havinq a desiqnated driver drive that vehicle, he or sbe, wbo is legally blind, decides to drive that vehicle. Who's liable?

PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.

The person who rents the car would stlll be liable. It shouldn't be any diiferent if a person is blind or legally bllnd and decides to drive the car, as if somebody else, even if they can see, drives it and has an accident.

PRESIDING OFFICER: (SENATOR WATSON) Senator Jacobs.

I'm not going to belabor it, because 1 understand the intent of the law. But maybe someone out there could -- could explain it to me afterwards, some attorney that could -- could show me how a car rental could rent a vehicle to a blind person, and if that blind person drove that vehicle, how the car rental could not be held liable for allowing a blind person to drive a car. But I'm 84  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 not going .to belabor it, that's jusk a question I wanted answered. So if -- maybe one of your legal eagles could explain afterwards, 1'd appreciate it.

PRESIDING OFFICER: (SENATOR WATSON) Is there any further discussion? Further discussion? not, Senator Parker, would you like to close?

I -- I would ask for a favorable vote.

PRBSIDING OFFICER: (SENATOR WATSON) The questton is, shall House Bill 2339 pass. Al1 those in favor, vote Aye. Opposed, vote No. Voting is open. Have all voted who wish? Have all voted Who wish? Have all voted whp wish? Take the record. On that question, there are 59 voting Yesy no votin: No# no votin: Present. House Bill 2239, having received the required constitutional majority, is declared passed. House Bill 2349. Senator Burzynski. Mr. Secretary, please read the bill.

House Blll 2349. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Basically, this is a bill to clarify a three-year time span for -- in the Nursing Act provide that person -- people who iail to pass the examination Within three years will have to go back and get additional education. Tbere's also anotber provision on this particular piece of legislation, Committee Amendment No. 2, which is a -- an amendment that is coming from Senator Cullerton, if he'd like to explain that provision of the bill.

PRESIDING OFEICER: (SENATOR WATSON) 85  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6# :995 SenaEor Cullerton. SENATOR CULLERTON) Yes. Thank you, Mr. President, Members of the Senate. This bill is supported by the this amendment is supported by the Secretary of State and the Medical Society. It would allow a doctor or a nurse who treats a person who is alcohol or dru: impaired who was an accident victim, or as I would say, a crash victim, they could -- they would be allowed to notify the police of the driver's blood alcohol or drug content. Current law regarding confidentially would subject a doctor who notifies the police to possible civil liability. This comes from a -- a physician who had asked that he# along with other physicians, be allowed to report to law enforcement agencies, this information. And this language was drafted, and amended, with approval of the -- and cooperation with the attorneys with the Medical Society. So 1'11 be happy to answer any questions with this -- regarding this portion of the bill.

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

Thank you, Mr. President. The oriqinal bill does not disturb me. It's -- reluctantly stand in opposition to Senator Cullerton's amendment on this bill. I think it's important for us to recognize that what we are doing here is to give a -- legal permission for a doctor to violate the -- the physician-patient relationship . And I say that -- and I'm I'm upset - and I hope theyere listening - I?m upset with the Medical Society that would support this amendment. 1 thought the Medical Society and doctors should stress their ethical obligation to maintain the confidentiality between a patient and their doctor. Regardless of what I do, and I go into that doctor's office, whatever whatever disease I may have, Whatever short coming I have 86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RRGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 I physically or mentally, that's between me and my doctor. Itfs the same as when a client walks into my office as their lawyer. I I cannot divulgeanything that thatclienttells me. And it's the t same With the -- with the clergymen. There's only three pure confidentiality relationships. Doctor, lawyer and clergymen. We are being asked here to say that if a doctor who's treating you, in an emergency room, smells alcohol he can blow the whistle on you. I've :ot to tell you, that may sound good from a law and order point of view, but it's outrageous from the classical relationship between a patient and a doctor. I don't think it should be in there. I want my doctor to have undivided loyalty to me as his or her patient. I do it a5 a lawyer. They should do it as a doctor. That's What bothers me about the amendment. I urge a No vote.

PRESIDING OFFICBR: (SENATOR WATSON) Any further discussion? Jf not, Senator Burzynski, to close.

Tbank you, Mr. President. I certainly appreciate the comments made by Senator Berman. I stated that in committee. T understand his concerns about confidentiality on the amendment. 1, personally, support the amendment. T think it does a lot of good things and certainly it relieves the pressure that some physicians might feel a moral obligation to report. 1 would also point out, though, tbat this is just relatlve to auto-related incidents and it does not -- and also that a blood test would have to be required before the person could report that out of committee -- or out of the -- out of their observations. So I Would move, and certainly appreciate any kind of -- or a favorable roll call.

PRESIDING OFFICZR: (SBNATOR WATSOX) The question ls, shall House Bill 2349 pass. Al1 those in favor, vote Aye. Qpposed, vote No. The voting is open. Have a11 I voted who wish? Have all voted who wish? Have all voted who 87  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR EESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 wish? Take the record. On that question, there are 39 voting -- be: your pardon, there are 40 votin: Yes, 10 voting No, 2 voting Present. House Bill 2349, having received the required constitutional majority, is declared passed. Senator -- Senator Hasara, on House Bill 2401. Mr. Secretary, please read the bill.

House 3ill 2401. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

Thank you, Mr. President. House B1ll 2401 does three things. First of all. it provides services to local agencies upon request through an intergovernmental agreement and the Department of State Police would be able to charge actual costs for those services. It provides for a hundred-and-fifty-dollar fine for a convicted offender of a DUI when State Police lab costs are involved in -- in the DUI conviction. lt's my understanding that only about five percent of the DUI cases would require this fine. And lastly, it creates the State Police Vehicle Fund for the purpose of depositing the proceeds from the sale of State police vehicles. CMS Would receive a five-hundred-dollar handling fee and the rest would go into the Vehicle Fund for the State Police to replace cars on a regular basis. Be qlad to answer any questions and would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) Further dlscusslon? Senator Syverson.

Thank you, Mr. President. A question for the sponsor. PRESIDING OFFICER; (SENATOR WATSON) Sponsor indicates she will yield, Sênator Syverson. 88  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION EENATE TRANSCRIPT 50th Legislative Day May l6, 1995

concerned about the part of the bill that's Operation Kickstart, which that -- that bill *as defeated in State Government earlier, a couple ol weeks ago, because of some ot the questions reqardinq the -- tbe cost of that proqram. Can you tell me -- I guess, first question is this -- is this a mandated proqram or is this a ''may implement''?

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

Senator, know the State Police does plan to implement the program.

PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson.

Then I think we need to be careful and look at the cost of this. Operation Kickstart would require then, if it's a mandate, would require that the -- that we replace every sinqle State Police car at fifty thousand miles or less and 1 think everyone should understand that. Replacing them at fitty thousand miles or less. The cost of -- of replacing over two thousand State Police cars, at this point, is very expensive and think we need to take a little closer look at the numbers. know they talk about the - - the resale of -- of -- of reselling the car they -- if it only has fifty thousand miles, but Irm concerned that right now we don't have the -- the revenue to implement such an expensive program.

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

Thank you. Mr. President. Would the sponsor yield for 89  STATC OF ILLINOIS 89TH GENBRAL ASSEMBLY REGULAR SBSSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 . : questions? i i PRESIDING OFFICER: (SENATOR WATSOS) i Yes. The sponsor indicates she will yield, Senator Rauschenberger.

Senator Hasara, under O/eration Kickstart the Department expects to trade cars in at around fifty thousand miles. Do you recall yesterday in the Appropriation Committee about how many miles per year the State Police Director mentioned that they annually operate a car?

PRESIDJNG OFFICER: (SENATOR WATSON) Senator Hasara.

No, 1 don't remember that from yesterday's meeting, but I do know that over half of the vehicles that the State Police now is using have over a hundred thousand miles.

PRESIDJNG OFFICER: (SENATOR WATSON) Senator Rauschenberger.

This -- the Department of State Police Director testified, and my recollection is, that they put about forty thousand miles a year on a car. So Operation Kickstart might actually allow trade in of these cars in fourteen to eighteen months. Nov, while a lot of mileage is -- is a problem, particularly for city drivingp for the most part, I think our State Police operate mostly on highways and interstates. So their mileage is -- is not exactly the same as the CMS Director's mileage might be. Another question of the sponsor though. Under -- under the normal appropriation process does the State of Illinois provide for replacement of State Police cars currently?

PRESIDING OFFICER: (SENATOR WATSOH) Senator Hasara 1 . j 90  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995

Well, as things stand now, as you know Senator: the State Potice comes in with its budget ever year and asks for the replacement of so many cars. will, bowever, though, remind you that even with the State Police Vehicle Fund, if this bill passes: the money still must be appropriated by the General Assembly.

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.

Then since al1 We Would really be doing is moving this money into a special account and allowing them to keep in their trade-in values and turn their cars over earlier, in essencez some people might -- would you agree -- would have might give you the opinion that the State Police are trying to transfer into a special fund, so there's less scrutiny: and so that they can more easily make the decision with less supervision?

PRESIDING OFFICER: (SBNATOR WATSOX) Senator Hasara.

Some people might look on it that way, Senator, but certainly would be up to us to make sure that that didn't happen. If we wanted to maintain control over the State Police cars, we could do so. I might also add that do bave iniormation irom tbe State Police that show that that they project that they will actually save money under this program for a few reasons. First of all, by by selling the cars with lower mileage there are small units of local government Who do not travel as much as the State Police who can buy the cars with much higher mileage than the State Police would want to do so. So the State Police can sell the cars for a greater price than, obviously, they can noW With mileage over a hundred thousand dollars Ksic> . The other costs that they figure into their projection is a cost savings, obviouslyr of 91  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 maintenance, because lt costs a lot more to maintain a car with over a hundred thousand miles than a car with under fifty thousand mlles. so while recognize that the program is somewhat controversial, I do have information from the State Police that shows in the long run this saves money and it also provides the State Police with cars that are in much better shape than the ones tbey bave now.

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.

Well, would like to thank the sponsor for ansWerin: questions and 1 -- 1 appreciate that. And 1 would just ppint out to the other Members khat any time the State Police had a program for turning their cars over more frequently, they could bring that to the Bureau of the Budget in the appropriations process. I -- I just quess Tfm just concerned about creating a special fund. Soon after this, I iear you'll have other departments here asking for special funds and having their vehicles treated separately. But I certainly think we're a11 interested in making sure the State Police have safe cars and just commend thoughtful consideration. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator DeLeo. SENATOR DeLEO: Thank you, Mr. -- thank you, Mr. President and Members of the Senate. ltls not Eoo often that I'd I'd rise in support of this -- this bill and the amendment on this bill in 2401. It's not too often, whlle I agree with the State Police and don't think that -- there's been years when : wanted to stop the new squad cars purchase then for -- for all -- all -- I want to stop all squad cars completely in the -- in the State of Illinois. But, Operation Kickstart is a good proqram. It's worked in other 92  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 I states. We are here to be fiscally responsible. We're here to worry about the taxpayer dollars. But under this -- under this $ program there'd be new squad cars on a more regular basis. And I -- and 1 say to each and every one of you in this room, you know when you're dialing 9-1-1, when it comes to a life or to an accident on 1-55 or a truck overturned, and you need an emergency vehicle on that scene, you want a car that's running and operating properly. Fifty, sixty thousand miles is a lot of miles for a car that runs twenty-jour hours a day. That car isn't driven up and down 1-55, it's idling for four or five hours a day . We can sell these cars to the local police departments. We can turn this money over. Last year alone in the State of Illinois, we sold two hundred and thirty some squad cars and got almost a half a million ; dollars back. We got to replenish these squad cars, put new squad cars on the street. Believe me -- and if anybody's ever dialed 9-1-1, and I hope that nobody ever has to in this Chamber, you 1 want a vehicle, you want a response emergency vehicle on the scene immediately. I rise in strong support of 2401.

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

Well, thank you -- I -- it's not often that I get applause before I speak. I guess I have the same concerns that Senator Rauschenberger has just expressed, and that is that what we are doing here, as a matter of public policy, we are now affording one agency of government the opportunity to sell their -- their cars and keep their money . Seems to me, Senator Rauschenberger, that this may end up working like school aid and the Lottery. That al1 of a sudden people think that the Lottery is going to be in addition to the budqet except that we subtract the Lottery figures from the -- from the figure and they end up not making very much money. But however, I think it's a -- a matter of -- of concern. 93  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 Let me ask this question. Senator Hasara, in fact, a school district wishes to have State Police administer, on a voluntary basis, a Breathalyzer exam during prom night. Would they then now be in a position to have to negotiate -- negotiate a contract so that they could reimburse the State Police for the services? Is that -- is that what we're doing in thls bill?

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

They could: Senator. They -- there may be no reimbursement. They may just want an aqreement With the school district. They could ask them to be reimbursed, if they so chose to do so.

PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio.

Under what conditions and criteria then, would there would the State Police then enter into neqotiations for reimbursement?

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

Any time they provide a service to another unit of government, they may negotiate an inter-cooperation agreement with that agency.

PRESIDING OFFICER: (SBNATOR WATSON) Further discussion? Senator Lauzen.

Thank you, Mr. President. First of all, T'm -- I'm happy to hear the answers to several of these questions. Number one. ! was concerned at tirst when this was considered in another committee: *he amendment as far as OperaElon KlcksEarE: my maln concern was the sajety issue for our State Police Ojficers. Now, I recognize from the answers from the sponsor that we no longer have those 94  STATE OF ILLINOIS 89TH GENERAL ASSEM3LX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 p i I safety concerns with these cars, because we wouldn't be selling ' cars to local government if there was that danger issue. We certainly wouldn't want to sell our danger to another form of government -- or another area of qovernment. Number two: I'd like to repeat that this amendment was considered in State Government Operations. The information was brought from the State Police and was considered and then defeated. If our objective is to save money, our constituents would ask us to use our common sense and which one of us would say that we would save money turning over cars every forty to fifty thousand miles When we usually change tires, versus -- so we -- what we're proposin: is that we'd be saving money driving two cars in a three-year period of time rather than one car in a three-year period. This was defeated for good reason in a different committee. I suggest a No vote.

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

Thank you very much, Mr. President. Xou knowy we're often asked to run government like a business. Let me tell you that if any business I have ever run, operated on the basis of -- of the State Police forces do on their cars, I think somebody would have been fired. 1 think we're guilty of trying to micromanage here. It seems to me thls is an effort on the part of an agency to -- to establish a revolving fund, so that they can turn over cars more frequently, that maintenance costs will go down and resale costs will go up. 1 don't see this is any dire plot that is goinq to cost the taxpayer millions of dollars. I think over time, and the State Police stressed that, this is a program ot -- of three or four years, until Ehey qet Ehat revolvinq fund established. And from that point on there will be a savtngs. So, Ladies and Gentlemen, let's not micromanage. Let's try to encourage agencies to be a little innovative, if in the long run they can show us a 95  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6: 1995 i 1 savings. And, I think in this case, I was convinced in committee I there is a savings. So I would urge a -- a -- an Aye vote. PRESIDING OFFICER: (SENATOR WATSON) : I Further discussion? Senator Shadid.

; i Will the sponsor yield?

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she'll yield, Senator Shadid. j i

Will this -- is this legislation -- is the intent also going j to include for the State Police to contract for Police services with small communities? : PRESIDING OFFICER: (SENATOR WATSON) I i SenatorHasara.

j l Senator, if a unit of local government asks the State Police to come in then they Would discuss that. 3ut it has to be initiated from the unit of local government.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shadid.

Well, I think -- I have a little problem with that, because i the sheriff's have been providing that type of service for years throughout the State to -- to small towns. And 1 think we're going to qe* into the competing business, for competin: for police services, and I don': think thatfs a good ldea. So, how about if a local police department calls the State Police for a backup. I I Would bope tbat you're not thinking of charging them for a backup? PRESIDING OFFICER: (SENATOR WATSON) I Senator Hasara. SENATOR HASARA: . i I'm -- the State Police provide backup al1 the time, Senator, j 96  STATE OF ILLINOI: 89TH GENERAL ASSEMBLY REGULAR SBSSION SENATE TRANSCRIPT 60th Legislativê Day May 16, 1995 i as you know, and 1'm -- no they would not want to charge for that. i

PRESIDING OFFICER: (SENATOR WATSOH) Further discussion? Further discussion? Senator Raica. ! i SENATOR RAICA : i I just want it for intent, Mr. President, if I may. Question of the sponsor.

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she'll yield, Senator Raica.

Senator Hasara, I know it says that - at least the way I read it - that the State Police will receive compensation or a certain l amount of money for services which they provide to a municipality . ! My question would be a 1ot of State Police districts do not have a i : l -- their oWn station within the jurisdiction which they -- which I they have a -- a beat car in. An example would be, if a trooper's on 1-55 and decides to use say the Justice Police Department, and the Summit Police Department for booking purposes of a DUI, does that mean noW that they -- let's just say those two communities E wanted to have the State Police come in and have some type of an I i agreement with them, but let's use the reverse. Do the State Police now have to use these -- or use on example that I just stated where they need to use a police facility for booking, for fingerprints, for photop for the sreathalyzer? Would they noW be actually paying that local municipality for using their I departments also?

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara. I SENATOR HASARA: I They could, Senator, under this bill it provides for intergovernmental agreement and that would be one example in which you might have that kind of an agreement. i PRESIDING OFFICER: (SENATOR WATSON) ' 97  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 Senator Raica.

But Raren, basically, what we're saying is that that agreement could either be one of a monetary value or one of manpower, so long as there's an agreement worked out between agency and -- and local unit of government. Correct?

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

i That's correct, Senator.

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

Thank you, Mr. President. Will the sponsor yield for a question? 1 PRESIDINGOFFICER: (SENATORWATSON) 1 Sponsor indicates she'11 yield, Senator Dunn.

We were talkinq about furnishing services to communities, are we still furnishing State Police in Bast St. Louis?

PRBSIDING OFFICER: (SENATOR WATSON) Senator Hasara.

I believe we still are: Senator. PRESIDING OFFICER: (SENATOR WATSON) ' Senator Dunn.

Thank you. I -- I didn't know if Senator Clayborne Was aware -- aware of the fact that this might mean that East St. Louis Would have to spend part of thelr money paying *he State Police to patrol their city. Would that be correct?

PRBSIDING OFFICER: (SENATOR WATSON) 98  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6# 1995 I Senator.Hasara.

Under this bill they could Senator, but I doubt that they will. There are not required to do so. .

PRESJDING OFFICER: (SENATOR WATSON) Senator Ralph Dunn.

I -- I would think a little bit miqht be the reverse. If they - - if they can do it, they probably wîll. I would think that they -- well that'd be my idea about it. And I wondered also -- DUI -- I think the people that run the DUI machines around the State are employees of the Department of Public Hea1th. Isn't that right, rather than the State Police?

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

lt depends, Eenator. There are local crime labs. PRES:DING OPFICER: (SENATOR WATSON) Further discussion? Senator Woodyard.

Well, thank you, Mr. President. 1'd rise in support of Senate Bll1 2401. And -- although this bill has three components in it, the bill I had, which does -- which did the component number one which established that revolving fund, I was unsuccessful getting that out of committee. But I will tell you, the sponsor of this bill is a beck of a lot better sponsor than who the State Police had on the other bill. And so, Senator Hasara, I wish you the best of luck, better luck than I had. But I think the committee probably didn't See some of the information why the Gtate Police feel tbat thls is an important part of -- of this bill. As you 9et over a hundred thousand miles on these State Police cars: and as Senator Hasara mentioned, almost one-half of our fleet today 99  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 has over a hundred thousand miles. The maintenance cost goes up just astronomically into several thousand dollars a year, when you get over a hundred thousand miles. We're far better off if we can traie those cars at fitty to sixty thousand mlles. It's going to take at least five yearsp in my opinion, for this -- if this bill passes for the that revolving fund to generate enough money in the resale or the -- yes the resale of these older cars to generate enough money to be able to do much good at all. But certainly think it's a step in the rlght directlon that? hopefully, we can begin to decrease the amount of mileage on -- on our State Police cars. And I'd urge support on the bill. END OF TAPE TAPE 3

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

Yes. Thank you, Mr. Speaker. To ansuer Senator Dunn's question, no, the there's not an active patrol as it used to be in East St. Louis. We have hired over thirty policemen in the last year and a half. So -- so that shouldn't affect hoW you vote on ehis, Senator Dunn.

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

Thank you, Mr. President. I do realize that Operation Kickstart has been controversial. I'd like to make just a few points for you to consider before you vote. First of all, there l00  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 is no mileaqe mentioned in the bill. So, while evidently the police have talked about trading cars at fifty thousand miles, the Illinois General Assembly certainly still has the authority over the appropriations process, and if you Ehink fifty is too low then you would have the authority to -- to say that, because it is not talked about at all in the bill. Secondly, one Senator talked about the fact that we would sell unsafe cars to local governments. As I mentioned in my explanation of the bill, many small communities would like having cars with over fifty thousand miles. They are not driving the distances. They are simply staying within their corporate limits, which in many cases: you have town of a couple thousand people and they would relish the opportunity to buy these cars that would serve tbem for a few years at a lower cost. would ask for a favorable roll call. And again, I do have figures from the State Police that -- that show that you can sell the cars at a much higher cost then they are now getting and you're savin: a lot of money from the maintenance, compared to the maintenance of a car over a hundred thousand miles. So again, hope you will consider voting Yes on this bill.

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall House Bill 2401 pass. Al1 those in favor, vote Aye. Opposed, vote No. The voting is open. Have al1 voted who wish? Have a1l voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 26 voting Yesy 32 voting No, l voting Present. House Bill 2401, having not received the required constitutional majorlEy, ls declared falled. Senator Hasara.

Ask for Postponed Consideration.

PRESIDING OFFICER: (SENATOR WATSON) Postponed Consideration. House Bill 2407. Out of the record. 10l ! : STATE OF ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 House Bill 2419. Senator Parkmr. Mr. Secretary, please read tbe bill.

I SECRETARY HARRY: House Bill 2419. (Secretary reads title of bill) 3rd Readlng of the blll. PRSSIDING OFFICER: (SENATOR WATSON) Senator Parker. SENATOR PARKER: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Tbis bill simply amends the Civil Administrative Code of lllinois and the Illinois Act on Aging. It changes the name of the Technical Advisory Committee on Aging to the Coordinating Committee of State Agencies Serving Older People <sicl. The reason this request was made, because this title more clearly identifies the purpose of the committee and its relationship to the Department on Aging. I would be glad to answer questions, and ask for a favorable vote. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall House Bill 2419 pass. A1l those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yes, no votin: No# no voting Present. House Bill 2419, having received the required constitutional majority, is declared passed. House Bill 2429. Senator Rauschenberger. Out of the record. We have successfully concluded 3rd Reading House Bills. The -- Senator Madiqan, for what purpose do you rise? SENATOR MADIGAN: Purpose of an announcement, Mr. President. PRSSIDING OFFICER: (SENATOR WATSON) i 102  STATE OF ILLINOIS 89TH GENBRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6# 1995 Proceed With your announcement.

Upon adjournment: the Senate Committee on Insurance, Pensions and Licensed Activities will meet in Room 400.

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

Same motion, Mr. President. That immediately followin: adjournment that Public Hea1th and Welfare will meet ln A-1 ln the Stratton Buildinq.

PRESIDING OFFICER: (SENATOR WATSON) We will now proceed to page 14 on the Calendar. Secretary's Desk: Concurrence Senate Bills. Senate Bill l9. Senator O'Malley. Mr. Secretary.

Senate Bill l9, with House Amendment No. 5l.

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

Thank you, Mr. President. 1 move to non-concur With House Amendment No. 51 to Senate 3i1l l9.

PRESIDING OFFICER: (SENATOR WATSON) Discussion? Senator Cullerton.

Would -- would the sponsor yield?

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

Did -- did you say House Amendment No. Could you just -- what -- wha: was so wrong about this? You know, if you put it in conference committee you might jeopardize the entire bill, which I supported. l03  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leglslative Day May 16, 1995

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

What is Mrong with the amendment?

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

Senator Cullerton, thank you for trying to clarify what No. 51 might be. As I understand it, that is the amendment that survtved over there: as hard as that may seem that there Were fifty previous amendments offered. But what 51 does, is basically take Senate Bill 19 and make it the House version of Charter Schools.

PRBSIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? Senator OlMalley moves to non-concur in House Amendments -- Senator Jones. Senator Demuzio. Would one of you like to speak? Senator Jones. Senator Demuzio.

Let me ask you a question. Do we -- do we have any information as to what this amendment even is? There's nothing on my desk. I don't have a non-concurrence book. I don't have a concurrence book. We don't have the amendment.

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

Senator Demuzio, to respond again: 1 think Senator Cullerton asked a question and in responding to it I tried to clarify it. If you'll recall, we had Senate Bill 19 before us at one time, and what it was is the SenaEe version of Charter Schools. The amendment takes -- this Amendment 51 takes ft to be the House verslon of Charter Schools. J'm moving to non-concur to that particular amendment. l04  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRASSCRIPT 50th Legislative Day May l6p 1995 PRESIDING OFFICER: (SENATOR WATSOS) ' Senator Demuzio.

If we're going to go through this order of businessy it seems I ' to me that the Membership, at least, ouqht to have on their desk the knowledge of what these amendments are. We have absolutely ! nothing on our desk to indicate that this amendment is as Senator O'Malley described. I don't quarrel with the fact that that's probably an accurate description , but I don't have anything on my desk to read. And if we're going to go through the rest of this Calendar, seems to me we ought to just stand in Recess for a few moments and pass out the information.

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones.

Yeah. Thank you, Mr. President. In tbe same response, and one of the things this amendment came over late last evening and has not been distributed to Membership. The sponsor of the bill would like to non-concur. But I would thtnk that -- I would assume that these amendments and -- from the House would be distributed, wherein the Membership can vote intelliqently on what they are doing. We may like the amendment. The Members on your side may like the amendment. So rather than do that: why don't you just kindly take it out of the record until such time that Members on both sides of the aisle know what they are voting on.

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones, this is a motion. This is not the bill. Senator Q'Malley moves to non-concur in House Amendment 51 to Senate B(11 19. A1l tbose in favory say Aye. Opposed, Nay. Roll t i call has been requested. A1l Ehose ln favor, voEe Aye. Opposed, vote Nay, and the voting is open. Have a11 voted who wish? Have al1 voted who wlsh? Have a1l voted who wish? Take the record. 105  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRASSCRIPT 50th Legislative Day May 16, 1995 On that question, there are 33 voting Yes: 26 voting No, no voting Present. Themotioncarriesand theSecretaryshallsoinform the t House. Committee Reports. ' SECRBTARY HARRY: Senator Weaver, Chair of the Committee on Rules, reports the followinq Legislative Measures have been assigned to committees: To the Committee on Agriculture and ConservaEion - the motion to concur with House Amendment l to Senate Bill 43, and House Amendment l to Senate Bill 148; referred to the Committee on Environment and Bnerqy - Senate Joint Resolution 49, House Joint Resolution 6, motion to concur vith House Amendment l to Senate Blll 789, Senate Amendment 2 to House Bill 48l -- or 41 that is, Senate Amendment l to House Bill 544, and Senate Amendment l to House Bill 929: referred the Committee on Executive - Senate Amendment 3 to House Bill 14987 to the Committee on Financial Institutions - the motion to concur with House Amendment 1 to Senate Bill 4407 to the Committee on Judiciary - motion to concur with House Amendment 3 to Senate Bi1l 4287 to the Committee on Local Government and Elections - Senate Amendment l to HouBe Bill 197, and Amendment 1 to House Bill 1108) to the Committee on Public Health and Welfare - Senate Amendments l and 2 to House Bill 5, Amendment -- Amendments 2 and 3 to House Bill 13637 to the Committee on Revenue - Senate Amendment 7, 8, 9 and 10 to House Bill 1212: to the Committee on State Government Operations - the motion to concur with House Amendments l and 2 to Senate Bill 388, and Be Approved for Consideration - motion to concur with House Amendment l to Senate 3i1l l4, House Amendment 1 to Senate Bill 567, and Senate Amendment l to House Bill 597. ! Senator Hawkinson, Chair of the Committee on Judiciary, reports House Bills l6: 36r 40, 113, 153, 355, 497, 652, 1069, k 1237, 1248, 1654, 1662, 1706, 1708, 1741, 1792, 1797, 2236 and I . 2338 Do Pass. House Bills 160, 301, 314, 589, 741, 865, 1023, I l06  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1995 1246 1437, 181E, 1891, 191G and 2317 Do Pass, as Kmended . , 1 1

PRESIDING OFFICER: (SENATOR WATSON) Messages, Mr. Secretary.

Message for the Governor by Mark Boozell. Director of Legislative Affairs. Mr. President - the Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 89th General Assembly - I have nominated and appointed the following named persons to the offices enumerated below, and respectfully ask concurrence in and confirmation of these appointments of your Honorable Body. Filed May 16th, 1995.

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

Yes. Senator Barkhausen has filed a motion with respect to House Bill 2205.

PRESIDING OFFICER: (SENATOR WATSON) Mr. Secretary, the Chair requests that these motions be printed on the Calendar. So ordered. Messages.

A Message from the Secretary of State. To the Honorable Members of the Senate, 89th General Assembly - 1 have nominated and appoinked Ehe following named person to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body . Dated, May 16th, 1995 Respectfully, George H. Ryan, Secretary of State.

PRESIDING OFFICER: (SENATOR WATSON) 107  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1995 Is there any further business to come before the Senate? not, Senator Karpiel moves that the Senate stands adjourned until 11 a.m., Wednesday, May l7*h. l08  r - o, ' REPORT: TIFLDAY STATE OF ILLINOIS 96/09/11 PAGE; O0: 891H GENERàL ASSEMBL? 16:18:36 SENàTE DAILY TRANSCRIPTIOM OF DEBâTE IMDEX X2Y 16, 1995 HB-0003 SECOND READING HB-0008 THIRD READING KB-0119 THIRD READIVG H:-0166 THIHD READING HB-0185 THIRD READING HB-0211 SECOND REàDING HB-0249 3ECQND READINC :8-0315 SECOKD REZDING HB-O41J THIHD READTNG HB-0kR7 THIRD READING HB-0471 SECOND REàDING HB-0513 SECOND READIKG H8-0567 THIRD REZDING H8-0598 SECOND RDADING H8-0603 THIRD READING HB-061k THIRD REâDING H8-0632 RECALLED HB-06R8 THIHD READING HB-0T29 THIRD READING H8-0753 THIHD REàDING HB-O760 SECQHD REâDING HB-0801 THIRD READIMG HB-0868 THIRD REâDING :8-0956 THIRD READING H8-0988 SECOND READLNG HB-1197 THIRD READICG H9-1258 SECOND READING HB-1320 SECQND READING :8-1398 SECOND REZDING H9-1470 SECOND READING BB-1%86 SECQND READING H8-1653 THIHD RERDING H:-1698 THIRD REâDING H8-1699 SECOND RCADING H9-1711 THIRD HEADING H8-1755 THIRD REâDING HB-1790 THIRD REâDING HB-1791 THERD REZDING H3-1810 THIRD REZDING H:-1827 THIHD READING H:-1850 SECOND READING HB-1868 THIRD READIMG HB-187i THIRD READIMG :8-1893 THIRD REâDIMG H8-1931 THI9D READING HB-19y0 SECOND REàDING H8-1968 THIRD REâDING H8-197: THIRD REZDING :8-2123 RECZLLED H:-2138 THIPD HEADING HB-220k THIRD RE&DING H8-2205 HQTION FILED H8-2273 THIRD REâDING H8-22T8 THIRD READING H8-2331 THIRD READING H8-2334 THIBD READING H8-2339 THIRD READING ::-2349 THIRD READING H8-2V01 THIRD REZDING H:-2419 THIPD READING S:-0019 NOM-CONCURRENCE REPORT: TIFLDAY STâTE OF ILLINOIS 96/09/:1 PAGB: 002 89TH GENERAL ASSEMBLY 16:18:36 3ENâTE DAILY TRANSCRIPTION OF DEBATE INDCX M2Y 16, 1995 SUBJECT HATTER SENâTE T0 ORDER-PRESIDEMT PHILIP PAGE 1 PHAYER-THE REVERCVD ROGER A. RUHMZV PAGE 1 PLEDGE OF ALLEGIANCE PAGB 1 JOURNALS - APPROVED PAGE 1 JOURNZLS - POSTPOPED PAG: 1 INTRODUCTION 0F GUDST-SENZTOR KOODYARD PâGE 2 GUEôT SPEAKER-CONSUL GEMERAL HU2VE PâGE 3 COMHITTEE RBPORTS PAGE 3 MPSSâGES FROH THE HOUSE PAGE 3 COMHITTEE REPORT; PAGE 106 HESSAGE F0R TH6 G0V6RNOR PAGE 10T MESSZGE FROH THE SECRETARY CF STZTE PAGE 107 ZDJOOHNHBNT PAGE 108