Illinois Senate Floor Debate — May 18, 1995

PRESIDING OFEICER: (SENATOR DONAHUE) The Senate will come to order. Will the Members please be at their seats: and Will the -- our guests in the gallery please rise. The prayer today will be by Jamie Allen, fram Ashland, Illlncis, and the Church of Christ. Please rise.

(Prayer by the Reverend Jamie Allen)

PRESIDING OFPICER: (SENATOR DONAHUE) Will you join with me for the saying of the Pledge of Allegiance. (Pledge of Allegiance, led by Senator Donahue)

PRESIDING OPFICER: (SENATOR DONAHUE) Reading of the Journal. Senator Butler.

Madam President, I move that reading and approval of the Journals of Monday, May 15th; Tuesday, May l6thl Wednesday, May 17th, tn the year 1995, be postponed, pending arrlval of the printed Journals.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler moves to postpone the readinq and the approval of the Journal, pendtng arrival of the printed transcripts. There being no objectian, it's so ordered. Messages from the House.

A 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 passage of a bill of the following title, to Witk Senate B1ll 176, together with the followin: amendment, Which is attached in *he adoption of which I am instructed to ask the concurrence of the Senatez to wit: House Amendment No. <sicl We have like Messages on the following bills: Senate  STATE OF ILLINOIS . 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Bill 365, With House Amendnent 37 Senate 3il1 623 with House Amendment 17 Senate Bill 7l7 with House Amendment 1: Senate Bill 760 with House Amendments l and 2: Senate Bkll 83l with House Amendment 1; Senate Bll1 948 with House Amendmqnt 1; Senate Bill 978 with House Amendment 1; Senate Bi.1l 1005 with House M endment 17 Senate Bill 1037 With House M endment l; Senate Bill 1095 with House Amendments 1 and 2; Senate Bill 1111 wtth House M endment l and Senate Bill 1140 with House M tendments l, 2 and 3. All passed the House, as amended, May 17th, 1995.

PRESIDING OFFICER: (SENATOR DONAHUE) Resolutions .

Senate Resolutlon 72: offered by Senator Shaw and all Members. It's a death resolutian, Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) Consent Calendar. Illinols Public Radio requests permission to reeord proceedings. Is leave granted? Leave is granted . Contmittee Reports .

Senator Woodyard , Chair of the Conunittee on Agriculture and Conservation, reports Senate Bill 43 - the motion to concur with House M endment 1 Be Adopted ; Senate B(11 448 - the motion to concur with House M endment l Be Adopted . Senator Madigan, Chair of the Committee on Insurancey Pensions and Licensed Activities, reports Spnate B1ll 225 - the motion to concur with House M endments 1 and 2 Be Adopted; Senate Bi11 442 - the mot1on to concur with House M lendment l Be Adopted; Senate Bill 534 - the motion to concur with House M endment 1 Be Adopted and Senate M endment No. -- M endments 2 and 3 to House Bi11 2l08 Be Adopted. Senator Karpielr Chair of the Committee on Executive, reports Senate M endment 1 to House Bill 1270 Be Adoptedy and Senate 2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLZ REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18, 1995 Amendment 2 to House Bil1 2407 BP Adopked. Senator Sleben, Chair of the Committee on State Government Operations, reports Senate Amendment 2 to House Bill 823, Be Approved for Consideration. Senator Hawkinson, Chair of the Committee on Judiciary, reports Senate Amendment l to House Btll 36 Be Adopted; and Amendment 1 to House Bill 1116 Be Adopted. Senator Klemm , Chair of the Committee on Local Government and Elections, reports Senate B#1l 256 - the motion to concur witb House Amendments and 4 Be Adopted; Senate Amendment 2 to House Bili 270 Be Adopted; and Amendment l to House Bill 340 BP Adopted. SenaEor Cronin, Chair of the Commit*ee on Educationr reports Senate Amendments 4 and 5 to House Bill 2076 Be Adopted. And Senator Fakell, Chalr of the Committee on Transporkatlon, reports Senate Bill l22 - the motion to concur With Housp Amendment 1 Be Adopted, Senate Amendment l to House Bill 939 Be Adopted: Amendment l to House Bilt 1587 Be Adopted, and Amendment to House Btl1 1633 Be Adopted.

PRESIDING OFFICER: (SENATOR DONAHUE) At the middle af page 11, is House Bills 2nd Readlng. We Will go through the Calendar, and 1 would suggest that each of you move those bllls. Senator Butler, on House Bill 32. Senatoc Lauzen, on House Bill 182. Read Ehe bill, Mr. Secretary .

Hause Bill 182. (Secretary reads Eitle of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Fltzgerald, on House Bl11 241. Senator Fitzgerald. Sênator DeAngelis, on House Bill 375. Read the bill' Mr. Secretary.

3  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1/ 52nd Legislative Day May l8r 1995 House Bill 375. I (Secretary reads title of b1ll) I 2nd Reading of the bill. The Commlttee on Revenue adopted Amendments 1, 2, 3 and 4.

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

Nofurtheramendmentsreported. . 1

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. I Will go back to House Bill 330. Senator Watson , on House Bill 330. Read the bill, Mr. Secretary . SECRETARYHARRY: j Housg Bi11 330 . (Secretary reads tit1e of bi11) 2nd Reading of the bi11 . No committee or Floor amendments .

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readlng. Senator Parker, on House Bill 377. Read the bill, Mr. Secreta ry .

House Bi11 377 . (Secretary reads title of bill) 2nd Reading of the bi11 . The Committee on Financial Instltutions adopted M endments l, 2, 3, 4, 5 and 6.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Have there been any Floor amendments approved for considera tion?

No further amendments reported. PRESIDING OFFICER : (SENATOR DONAHUE) ! 3rd Reading . Senator Ma itland , on House Bi11 3857 Senator ' Maitland . Senator Woodyard r on House Bikl 4l2 . Read the bill, 4  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day May 18, 1995 Mr. Secretary.

House Bill 412. (Seeretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Environment and Energy adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Ploor amendments approved for consideration?

No further amendments reported .

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Cronin, on House Bill 473. Senator Cronin? Read the bill, Mr. Secretary.

House Bill 473. (Secretary reads kitle of bill) 2nd Reading of the bill. No committee or Floar amendments. PRESIDING OFFICERI' (SENATOR DONAHUE) 3rd Readtng. Senator DeAngelisg on House Bill 527. Read the bill, Mr. Secretary.

House Bil1 527. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Eloar amendments.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator DeAngelis, on House Bil1 686. Read the billr Mr. Eecretary.

House Bill 686. (Secretary reads tttle of bill) 2nd Reading of the blll. The Committee on Judiciary adopted 5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 i I i I AmendmentNo.1. j PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Floor amendments approved for consideration? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Maitland, on House Bill 820. Senator Maitland. Senator Woodyard, on House Bill 823. Read the bill, Mr. I I secretary. I ' I SECRETARY HARRY: j l House Bill 823 I . j (S I ecretary reads title of bll1) j I 2nd Reading of the bill. The Commlttee on State Government Operatlons adopted Amendment No. 1. I I PRESIDINGOFPICER: (SENATORDONAHUE) Have there been any Ploor amendments approved for j I I constderation? SECRETARY HARRY: No further amendments reported. I beg your pardon, Madam I President. Amendment No. 2, offered by Senator Woadyard. I j PRESIDINGOFFICER: (SENATORDONAHUE) 1 Senator Woodyard, on Amendment No. 2. SENATOR WOODYARD: Thank you, Madam President, Members of the Senate. The underlying bill originally dealt With the Kickstart Program, Which I dtdnotmakeitoutofcommlttee The amendment Eotally wiped out . 1 I -- or -- or deleted that lansuage and becomes only a very noncontroversial land transfer of two parcels of land; one in Senator Watson's district, and one in Senator Weaver's disErkct. And IId move for its adoption. I PRESIDINGOFFICER: (SENATOR DONAHUE) 1 I 6 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leqislative Day May l8, 1995 Is there any dëscussion on AmendmenE No . 22 Seeing none, a11 ; l those in favor, say Aye. Opposed, Nay. The Ayes have i*. And l 1 the amendment is adopted. Have there been any other Ploor 1 amendments approved for consideratyon? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator O 'Malley, on House Bill 865? Ou* of the record. Senator Dudyczy on House Bill 913? Page 12. Read the -- out of the record. Senator Woodyard, on House Bill 965. Out of the record. Senator Cronin, cn House Bill 999. Senator Cronin? Read the bill Mr. Secretary. SECRETARY HARRY: House Bill 999. (Secretary reads title of bill) 2nd Reading of the bill. No commi*tee or Ploar amendments. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Mahary on House Bi11 1089. Senator Weaver, on House Blll 1106. Read the bill, Mr. Secretary. SECRETARY HARRY: House Bill 1106. (Secretary reads title of bill) 2nd Readtng of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Raicaz on House Bill 1108. Out of the record. Senator Hagktnson, on 1149. Read the bill, Mr. Secretary. SECRETARY HARRY: House Btll 1149. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR DONAHUE) 1 I 7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 I 3rd Reading. Senator Petka, on 1237. Senator Petka, for What I I purpose do you rlse? 1

I'm wonderin: about jhe adopttan of -- of a Floor amendment.

PRESIDING OFFICER: (SENATOR DONAHUE) We will do that. Read the blll, Mr. Secretary.

House Bill 1237. (Secretary reads *itle of bill) . 2nd Readtng of the blll. No committee amendments.

PRESIDING OFPICER: (SENATOR DONAHUE) Have there been any Floar amendments approved for consideration? SECRETARY HARRY; Amendment No. 1: offered by Senator Petka.

PRESIDING OFFICER: (SENATOR DONAHUE) Senatar Petka, on Amendment No. 1.

Thks amendment merely tightens up the billy pursuant to eertain suîgestëons made during discussion on the legislation. I would move for its adoption.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seelng none. A11 those in favorg say Aye. Opposed, Nay. The Ayes have it. And the amendment ts adopted. Have there been any other Floor amendments approved for consideration?

Nofurtheramendmentsreported. 1

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Butler, on House Bill 1270. Senator Butler, on House Bill 1220 <sic>. SenaEor Nauschenbergerr on I 1279. l Senator Rauschenberger, on 1279. Read the blll, Mr. I 8 ' )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Secretary.

House B1ll 1279. I (Secre#ary reads title Of bi.11) I 2nd Reading of the bill. Nc comm('ttee or Ploor amendments. PRESIDING OFFICER; (SENATOR DONAHUE) Have there -- 3rd Reading. Senator Lauzen, on Hause Bi11 1303. Read the bill: Mr. Secretary. SECRETARY HARRY; House Bill 1303. (Secretary reads title of b1ll) 2nd Reading of the bilk. No committee or Floor amendmen*s.

PRESIDING OFPICER: (SENATOR DONAHUE) 3rd Readinq. Senator Weaver, on House Bill 1319. Read the bill, Mr. Secretary.

House Bill 1319. (Secretary reads title of bill) 2nd Reading of the blll. No committee or Floor amendments. PRESIDING OFFICER; (SENATOR DONAHUE) 3rd Reading. Senator Petka, on House Bill 1437. Senator Mahar, on House Bill 1461. Read the bill, Mr. Secretary.

House Bill 1461. (Secretary reads title of bill) 2nd Reading of the bill. No commlttee or Floor amendments. PRESIDING OFFICER: (SENATOR DONAHOE) I 3rd Reading. Senatcr O'Malley, on House Bill 1465. Read the I I I bill, Mr. Secretary. 1 . l SECRETARY HARRY: 1 I House Bill 1465. 1 (Secretary reads title of bi1l) ; 9 r ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 ; ' I 2nd Readtng of the bill. No committee or Ploor amendments. l PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readtng . Senator Weaver, on House Bill 1473. Senator Weavers on 1474. Senator Lauzenr on 1523. Read the bll1, Mr. Secretary. SECRETARY HARRY: House Bt11 1523. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. 1. PRESIDING OFFICER) (SENATOR DONAHUE) Have there been any Floor amendments approved for consideration? SECRETARY HARRY) No further amendments reported. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senate Bill -- I mean House Bill 1596. Senator Walsh. Mr. Secretary, will you read the blll. SECRETARY HARRY: House Bill 1596. (Secretary reads title of bill) 2nd Reading cf the bill. No commlttee or Ploor amendments. PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 1608. fenator Dlllard. Take in out of the record. House Bill 1654. Senator Petka. House Bill 1654, Senator Petka? Senator Petka . Take it out af the record. House Bill 1787. Senator Walsh. Mr. Secretary, read *he bill. SECRETARX HARRY: House Bil1 1787. (Secretary reads title of bill) 1 I 10 ' l .. . I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 2nd Reading of the bill. The Committee on Revenue adopked Amendment No. 1. I PRESIDING OFFICER: (SENATOR GEO-KARIS) j I Have there been any Floor amendments Cor consideration -- approved for consideration? SECRETARY HARRY: No further amendments reported. PRESIDIHG OFFICER: (SENATOR GEO-RARIS) 3rd Reading. House Bll1 1833. Senator Parker. Mr. Secretary, read the bill. SECRETARY HARRY: House Bl1l 1833. (Secretary reads tltle of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR GZO-MARIS) 3rd Reading. House Bill 1853. Senator Dillard. Take it out of the record. House Bill 1869. Senator Syverson. Mr. Secretary, read the bill. SECRETARK HARRY: House Bill 1869. (Secretary reads tiele of bill) 2nd Reading of the bill. The Commlttee on Public Health and I Welfare adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR GEO-KARIS) Are there any Floor amendments? SECRETARY HARRY: j No further amendments reported. I PRESIDING OFFICER; (SENATOR GEO-RARIS) 3 l rd Reading. House Bill 1882. Senator Walsh. Mr. SecrêEary, : read Ehe bill. SECRETARY HARRY: i : House Bill 1882. I i 11 ' l . . --- -- --- 2- --- ---'2. j - I STATE 0F ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSTON SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 (Secretary reads tit1e of bill) ' I 2nd Reading cf the bill. No committee amendnents. ; PRESIDING OFFICER: (SENATOR GEO-XARIS) 1 Have there been any Floor amendments approved for eonsideration? SECRETARY HARRY: No further amendments reported . PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 1894. Senator Syverscn. Mr. Secretary, read the bill. SECRETARY HARRX: House Bill 1894. (Secretary reads title of bill) 2nd Rgading of the bill. No committee or Floor amendments. PRESIDING OPFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 1900. Senator Phillp. House Bill 1990. Senatcr Phllip . Read the bill, Mr. Secretary. SECRETARY HARRY: House Bill 1900. (Seeretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 1967. Senator Maitland. Read the bill, Mr. Secretary. SECRETARY HARRY: House 3i1l 1967. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Publtc Hea1th and Welfare adopted Amendments l and 2. PRESIDING OFFICER: (SENATOR GEO-KARIS) Are there Floor amendments approved for consideration? I sacacTaay HARRY: 1 I 12  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-XARIS) 3rd Readlng. Senator Philip, for what purpose do you rise?

Thank you, Madam Presldenty Ladies and Gentlemen cf the Senate. I'd like a point of personal privilege in reqard to the schedule.

PRESIDING OFFICER: (SENATOR GEO-KARIS) State your polnt.

If everybody wi11 calm down for a minute, will -- ny conversation wtth the Minorlty Leader, We have come to this conclusion; that today, we move Ehings along, we're going to work probably a little later than we narmally would Work. Friday, We wl11 come in early, and probably work till 4 o 'clock in the afternoon; adjourn and come back Sunday at 5, so we can transact -- have some transactions and do some paperwork that: as you know, the House is golng to be ln for the full weekend. So at least itlll afford you a couple of days at home with your family.

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Jones, for what purpose do you rise?

Yeahg thank you, President. concur with the Senate President. Only thing I would admonish the Members on that side of the aisle to quit talking so much, because we want to keep the Chicago Bulls -- the Chicago Bulls, we don't want Senator Philip to take the Chicago Bulls, so we can be there to cheer them on Eo victory.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you, Senator Jones. House Bill 1969. Senator Madigan. Senator Madigan. Mr. Secretary, read the bill.

I I 1 I I STATE oF ILLINOIS j @ 89TH GENERAL ASSEMBLY REGULAR SESSION l SENATETRANSCRIPT 52nd Legislative Day May l8# 1995 House Bill 1969. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and Licensed Activities adopted Anendment No. 1. PRESIDING OFFICER: (SENATOR GEO-KARIS) Have there been any Floor amendments approved for consideration? SECRETARY HARRY: No further amendmen*s reported. PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Readlng. House Bill 2076. Senator Sieben. Read the bill, Mr. Secretary. SECRETARY HARRY: House Bill 2076. (Secretary reads title of bill) 2nd Reading of the bill. The Commiktee on Education adopted Amendments lr 2 and 3. PRESIDING OFPICER: (SENATOR GEO-KARIS) Have there been any Floor amendnents approved for consideration? SECRETARY HARRY: Amendment No. 4, offered by Senator Sieben. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Sieben, on Amendment No . 4. SENATOR SIEBEN: Thank you, Madam President. Amendment No. 4 merely adds the contents of Senate Bills 164, 165 and 292 that got hung up in committees over in the Hcuser and -- and there was no objection to adding these into the bills in the Senate Education Committee this morning. And I would move for their adoption. PRESIDING OFFICER: (SENATOR GEO-XARIS) Senator Sieben. Is there any discussion on Senator Sieben's 14 ( '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd begislative Day May 18r 1995 Amendment No. 47 Hearing none. Those in favor wlll say Aye. Those opposed will say Nay. In the opinion of the Chairy the Ayes have it. The anendment's adopted. Senator Sieben. Are there any I ' I further Floor amendments? . j SECRETARY HARRY: Amendment No. 5, offered by Senator DeAngelis. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Sieben is going to handle this amendment for Senator DeAngelis. Proceed, Senator Sieben. SENATOR SIEBEN: Thank you, Madam President. Senator DeAngelis did ask if I would handle this so We could move the bill forward. Senate Amendmen: No. 5 does a similar thing that No. 4 -- thls one adds the contents of Senate Bills 657 and 658, sponsored by Senator DeAngells. And both of these bills passed out of the Senate unanimously and ended up being held in the House Rules Comnittee. So I would move for the adoption of Floor Amendment No. 5. PRESIDING OFFICER: (SENATOR GEO-RARIS) Is there any dlscussion? Hearing ncnee Senator Steben moves the adoption of Amendment No. 5 to House Bill 2076. Those in favor will say Aye. Those opposed will say Nay . In the opinion of the Chair, Ehe Ayes have it. The amendment's adopted . Are there any further amendments? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate -- House Bi11 2108. Senator Madtgan. I I Senator Madigan? Read the billz Mr. Secretary. No? Out of the I I record. Hcuse Bill 2226. Senator Cronin. Out of the -- read the i 1 bill I , Mr. Secretary. I I SECRETARY HARRY: I i ZOUSe Bill 2226. l I 15 ( '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Lesislative Day May l8, 1995 (Secretary reads title of bill) 2nd Reading of the bill. The Commkttee on Public Health and Welfare adopted Amendment No.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Are there any -- any further any Floor amendments adopted - - approved for consideration?

No further amendments reported. PRESIDING OFFICER) (SENATOR GEO-KARIS) 3rd Readlng . House Bill 2240. Senator Madigan. Read the bill, Mr. Secretary.

House Btll 2240. (Secretary reads title of bill) 2nd Readlng of the bill. The Comnittee on Insurance, pensions and Licensed Activities adopted Amendment No.

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

No further amendments reported .

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . House Bill 2251. Senator DeAngelis. Take it out of the reeord. House Bill 2294. Senator Mahar. Out of the record. House Bill 2330. Senator Parker. Read the bill, Mr. Secretary.

House Bill 2330. (Secretary reads tttle of bill) 2nd Reading of the bill. The Committee on Public Health and Welfare adopted Amendments and 2. PRESIDING OFFICER; (SENATOR GEO-KARIS) Have there been any Ploor amendments approved for 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day Mày l8, 1995 constderation?

No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Hause Bill 2346. Senator Walsh. Senator Walsh? Read the bill, Mr. Secretary. 2346.

House Bill 2346. (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Financlal Institutions adopted Amendment No. PRESIDING OFFICER) (SENATOR GEO-KARIS) Have -- have there been any Floor amendments approved for consideration?

No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 2351. Senator Rauschenberger. Senator Rauschenberger? Take it out of the record . House Bill 2370. Senator Barkhausen. Read the bill; Mr....

House 9il1 2370. (Secretary reads title of bill) 2nd Readlng of the bill. No committee ar Floor amendments. PRESIDING OFFICER; (SENATOR GEO-KARIS) 3rd Reading. House Bill 2403. Senator Rauschenberger. Senator Rauschenberger? Take it out of Ehe record. House Bill 2465. Senator Watson. Wepll get back to you. House Bill 2465. Senator Watson. Read the read the bill, Mr. Secretary.

House Bi1l 2465. (Secretary reads tttle of bill) ' STATE OF ILLINOIS 89TH GENERAL ASSPMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 2nd Readlng of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. With leave of the -- the Body, we'd like to go back to to House Bill 2351. Senakor Rauschenberger. 2351. Hearing no objectiony Mr. Secretaryr read the bill. SECRETARY HARRY: House Bill 2351. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR GEO-KARIS) Reading. House Bill 2403. Senator Rauschenberqer. Read the bill, Mr. Secretary . SECRETARY HARRY: House Bill 2403. (Secretary reads title of bill) 2nd Reading of the bitl. The Committee on Publlc Hea1th and Welfare adopted Amendment No. PRESIDING OFFICER: (SENATOR GEO-KARIS) Have there been any Floor amendments approved for consideration? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bi11 241. Senator Fitzgerald . Read the bill, Mr. Secretary. SECRETARY HARRY: House Bill (Secretary reads title of bill) 2nd Reading of the bill. There are no committee amendmen*s. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments approved for consideration? SECRETARY HARRY: 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May l8, 1995 Amendment No. offered by Senator Fitzgerald.

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

Thank you, Madam Prestdent. Floor Amendment No. to House Bill 241 is simply a technical amendment that addresses some concerns raised by the Departnent of Public Aid.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Hearing none. Al1 those in favor, say Aye, to the adoption of this amendment. A11 opposed, No. In the opinion of the Chairg the Ayes have i*. The amendment is adopted. Any -- any further amendment is approved -- Floor amendments?

No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . House Bill 913. Senator Dudycz. Read *he bill, Mr. Secretary.

House Bill 913. (Secretary reads title of bill) 2nd Reading of tbP bill. No commlttee or Eloor amendnents.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 385. Senator Maitland. Read the bill, Mr. Secretary.

House Bill 385. (Secretary reads Ektle of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. 1.

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

19  STATE OF ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day May l8, 1995 No further amendments reported. l

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. ...tmlcrophone cutoffl...to proceed to the Order of 3rd Reading on page 5 of the Calendar. House Bill 3. Senator Fawell, do you wish this bill returned to 2nd Reading for the purpose of amendment? Senator Fawell seeks leave of the Body tc return House Bill 3 to 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3. Mr. Secretary, are there any Ptoor amendments approved for consideration?

Amendnent No. 7, offered by Senator Madtgan.

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

Thank you, Madam Presidenk and Members af the Senate. Ploor Amendment No. 7 amends Amendment No. 5 pursuant ko an aqreement renoving some language, insofar as the Amendment No. 5 exempted Board and Care Homes from the Nursing Home Care Act. Amendment No. 7 deletes that language. I would move for its adoption.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madigan moves for -- any dlscussion? Hearing none. Senator Madigan moves the adoption of Amendment No. 7. A11 those in favor, say Aye. A11 opposedy Nay. In the opinion of the Chair, the Ayes have it. The anendment's adcpted. Any further amendments from the Floor?

No further amendmen*s approved for consideration.

PRESIDING OFFICER: (SENATOR GEO-KAR:S) 3rd Reading. House Bill No. 5. Senator Garcla -- I mean: Senator Shadid. House Bill No. 5. Read the bills Madam Secretary. 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995

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

PRESIDING OEFICER: (SENATOR GEO-KARIS) Senator Shadtd.

Yes. Thank you, Madam President and fellow Members. This House Bill 5 permits the Department of Public Aid to conduct an early fraud preventlon and detection program in counties designated by DPA and to make the program applicable to al1 categories of assistance and a11 applicants for assistance. This is similar to Senate Bill 700, Which We passed unanlmously earlier in the Session.

PRESIDING OFFICER: (SENATOR GEO-KARIS) This is an tmportant bill. We'd like to have the courtesy of a1l the Members listening to its presentation. Is there any discussion? Is there any discusston? Hearing ncne, Senator Shadid, to close.

I Would just appreciate a favorable vote. Thank you. PRESIDING OFFICERC (SENATOR GEO-KARIS) The question is, shall House Bill 5 pass. Those ln favor will vote Aye. Those opposed will vote Nay. The votlng is open. Have al1 voted who Wish? Have all voted Who Wish? On that question, take the roll, Madam Secretary. There are 58 voting Aye: none voting No, none voting Present. And this bill, havlng received the required consti*utional majorkty, is hereby declared passed. House Bi11 l6. Senator Cronin. Madam Secretary, will you read the bill.

House Bill 16. 21 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 (Secretary Eeads title of bill) 3rd Reading of the bill. ' I I PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cronin. . SENATOR CRONIN : Thank you, Madam President. House B1l1 16 ls a bill that amends the Criminal Code and Code of Criminal Procedure to remcve the requirement that the State must prove venue beyond a reasonable doubt. If the defendant challenges venue, the defense must take a prlma facie case that the venue ls improper, after w hi' ch the State must prove by a preponderance that it is proper. We debated this at length in the commlttee . It passed out of the House by a hundred and fourteen tc -- to no votes -- to zero votlng No . I ask for you favorable conslderation. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Cullerton. SENATOR CULLERTON : Yes. I would just indicate that we did have an extensive debate in committee and there's a real question as to whether or not what we 're doing here is going to be approved by the Supreme Court. There's no question that the debate is whether or not venue is a substantive or a procedural right. It is found in the Constttution . I, myself , think that there could be some -- some serious problems created by passing the legislation . If the supreme Court doesn't agree with this provision we're gcing to be spending maney on lawyers to take it to the Supreme Court. And I don't know if, reallyy we are acccmplishing anything . So I -- I just wanted to express my concerns about the legislation. Thank you. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Berman. SENATORBERMAN: 1 I 22 . ) . '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8: 1995 Question of the spcnsor.

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates hepll yield. SENATOR BERMAN; ; Under this billg if -- tf you conmitted a erlme ln Dupage: : ! could the State's Attorney of Sangamon County prosecute ycu? l I PRESIDING OFFICER: (SENATOR GEO-KARIS) I I Senator Cronin.

The issue shifts to the defendant to raise venue as an issue. So if the defendant doesn't objeck: then that may be possible.

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

Thank you. And maybe -- you knowr maybe I'm stretchinqz but it just seems to me that with this change we miqht be opening the door to non -- nonlocal prosecutions for eertain either types of people or certain types of crime. And I -- theress nothing in here that would -- that would prevent ehat, as I understand it. I'd just like you to address thaK. That -- *hat causes me some concern, because I think that there may be some -- if -- if the I State's attorneys gct together, would they think that this is a - - a green ltght to do thatz under my hypathetleal, make you come down here to defend you Where right now it would be a -- have to be locally prosecuted . I -- I'd appreciate ycur thoughts on it.

PRESIDING OFPICER: (SENATOR GEO-RARIS) I Senaeorcronin.

j l I Thank you. In response to Senator Bermanr there's a -- 1 there's a fine delineation here. Venue is still a constitutional I I I right of the defendant. A11 We're suggesting in this bill is that : I when the State presents its case, it doesn't have to prove venue, ' 23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 52nd Legislative Day May 18, 1995 it doesn't have to - as an element of the crime procedurally. But, nonetheless, the defendant's right, for purposes of venuey ts still unchallenqed by this bill. There has been discrepancy ln the case law and it is a rather legitimate issue that has been i debated among justices on the Supreme Court and case laW over the I I years is culminated that -- thaty yeah, the State's obligation to prove at trial that the county where the crime is alleged to have committed, is the county where the crlme, in fact, took place. But there has been extensive dicta on the point arguing that venue is a non-jurisdictional procedural right, a personal privilege that an accused may wafve.

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

Thank you. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR GEO-ZARIS) He indicates he wl1l.

Why are we doing this? I mean, if -- if there's been all this case 1aW and -- that -- that has held otheruise, do we really -- why are we doing this? 'Cause I'm golng to be asked by my son.

PRESIDING OFFICER: (SENATOR GEO-KARIG) Senator Cronin, will you respond?

I thlnk: ultimately, it's going to force the court to answer Whether or not the issue hlnges on a procedural or constitutional rlght. And, here, let me state, unequivocallyz that there is no effort to challenge the constitutional right of a defendant to be prosecuted in the proper venue. The venue of the -- cf the crime, l I I where the crtme occurred. The questlon isz whether or not the -- I I the prosecutor is obligated , Within the context of the procedures I I I 24 ' è .. -  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 prosecutor's burden ta pcint out each and every time that this or that element occurred in scme particulac venue. If the defendant raises it, then the prosecutcr's got to do it. Currently, the prosecutorss got to do it. We're just shifting the -- the burden onto the defendant now. It's like a... I

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell. Senator Fawell? Senator Fawell? Any further ' dfscussion? Senator Molaro. i I SENATOR MOLARO: i I Thank you, Madan President. Will the sponsor yield? I 1

PRESIDING OFFICER: (SENATOR GEO-XARIS) Indicates that he Wi11.

What -- What is the overlying -- reasoning behind this? What is the genesis of this bill as to why something so easily done in 99.9 percent of the casesr where a prosecutor just get up there, and this oecurred in Dupage County, Cook County. Get rid of the constitutional requirement - make it so easy - why -- why are we changlng this after two hundred years? I mean, I -- I -- What would be the main reason?

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

Well, first of all, I don't know whether or not this has been a -- an issue that has persisted for two hundred years. But, this is our effore to try to offer scme improvement in the criminal justice system. I -- Cook County prosecutors are interes*ed ln it, as well are other county prosecutors throughout the State and we're just seeking to offer a Little different approach to the I executionofjusticelntheStateofIllinois.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 1 I I Senator Molaro. I 25  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995

Just briefly then to the b11l: You knog, obvicusly, these State's attorneys call up a 1ot of Senators. You know, they just get a thought in thelr hiad and Ehey throw it at us and decide . : Whether or not We Want -- We Want to Vote on thls. Please be ' I aware, this is not a touqh on crime issue. This isn't goînq to I ' make çetting criminals off the street any easier, imposing stiffer I I I penalties or and every -- this is a procedural thing. We been -- I having to prove -- prove venue -- it's part of the Illinois Constltution. This is not tough on crime. This is just something I that doesn't need to be changed and I would urge a No vote. Thank I I you. 1 PRESTDINGOFFICER: (SENATORGEO-RARIS) 1 Any further discussion? Any further discussion? Senator cronin, to close. I SENATOR CRONIN: j I Wetve debated the issue pretty thoroughly. It's not the most lmportant lssue in the world, but it is an issue that deserves to ' be considered as Illinols law. I ask for your favorable j I consideratlon. Thank you. I I I PRESIDING OFFICER: (SENATOR GEO-KARIS) I I The question is, shall House Bill 16 pass. Those in favor I I will vote Aye. Those opposed Will vote Nay. The open -- the I I voting is open. Have al1 voted who Nished? Have all voted who I I I wtshed? Have all voted who wished? Take the recordyMadam 1 Secretary. On that question, there are 37 voting Aye, 16 voting I I Nay, 3 voting Present. This bill, havlng received the required 1 I constitutional majority, is hereby declared passed. House Bill i I 40 . Senator Dunn. Madam Secretary, read the bill. I 1 I ACTING GECRETARY HAWMER: I I House Bill 40. I I (Secretary reads tttle of bill) I I 26  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 3rd Readlng of the bill.

PRESIDING OPPICER: (SENATOR GEO-KARIS) Senator Dunn. Thomas Dunn. . I SENATOR T. DUNN: . I Thankyou Madam President. This bill would provide that ln a r '' 1 post conviction proceeding, before a crlme victim could be subpoenaed by the defendant, the defendant would first have to flle a petition to the Court and give noKice to the victim . The -- the victim would then be authorized to appear and to object to the subpoena and to be represented by the State's attorney. This is at the request of Represenkative Novak, resultin: tn a case that occurred in both our districts. Happy to answer any questions if you have any on the issue.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 40 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The votin: is open. Have all voted who wished? Have a11 voted who Nished? Madam Secretarye take the roll. On that question, there are 57 voting Aye: none voting No, none voting Present. And thls bill, having received the required constitution -- constieutional najority, is hereby declared passed. Senator Clayborne, for whak purpose do you arise, sir?

Xes, Madam President. I rise for tWo reasons. One -- and I was courteous enough not to interrupt -- on House Bill 5, my button didn't Work properly, and I mkssed that, and I Would have voted Yes on -- on House Bill 5. As well as, in the gallery behlnd me I have a group of -- from my district -- from the group of Jack and Jill, and I Would ask thae *he -- *he Senate give them I a uarm welcome. I I PRESIDTNG OFFICER: (SENATOR GEO-KARIS) I 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Will the guests please rlse in the balcony, and welcome to Sprinsfield. And your comments Will be noted on House Bill House Bill 41. Senator Mahar, do you wish to return thls bill to 2nd Reading, for the purpose of amendment? Senator Mahar seeks leave of the Body to return House Bllt 41 to 2nd Readlng, for the purpose of an amendment. Hearlng no objecelon, leave is granted. On the Order of 2nd Reading is House Bill 4l. -- Madam Secretary, are there any Floor amendments approved for consideration?

Anendment No. 2, offered by Senator Mahar.

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

Thank you, Madam President and Members of the Senate. This is a very simple amendment. decreases the membership on the Illinols Commerce Commission from seven commissioners to five commissLoners.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- any dtscussion? Senator Welch.

I have a question of the sponsor.

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

Senator Maharz this is going to save very few dollarsg since there 's also the rumcr that the remaining five members are going to have to resign so they can get a pay raise, which is going to absorb most of Ehe money saved by elimlnating tWo commissionerg. There's also going to be a large lump-sum payout to the commissioners leavtng. So what ïs the purpoge of doing this?

PRZSIDING OFFICER: (SENATOR GEO-KARIS) 28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 52nd Legislative Day May 18, 1995 Senator Mahar. SENATOR MAHAR: Qhank you, Madam President. We estimate that the reduction, not only in the commissionersr but their full-time assistants, there'll be a savinss realized the State of four hundred and twenty-six thousand dollarsy two hundred and sixty-six thousand five hundred in public utility fund revenuer as well as a hundred fifty-nine thousand nine hundred in GRP revenue. PRESIDING OFFICER: (SENATOR GEO-KARIS) SenaEor Welch. SENATOR WELCH: Well, half of that is the -- is the puff fund, which is an incremental increase in -- in the utility rate. But how much is the pay raise going to be? And hoW much increases are there going to be to pay for the payout on the retiring commissioners? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Mahar. SENATOR MAHAR : Well, I -- to be honest with you, I don't have the pay raise. We don't' have what that would entailr 'cause that actually is not in the -- ln the b111 itself. 1* is -- is a result of the bill. As far as the -- I'm not aware of this lump sum payout. We have one eommissioner Who has -- whose term has expired and has indieated they do not wish to be reappointed or considered fcr a reappointment and the other commissionerr I don 't think we know who that -- that other commissloner will be. AE least, I have not been told that. That's about as much as I -- I know on that. PRESIDING OFFICER; (SENATOR GEO-KARIS) Senator Welch. SENATOR WELCH: Well, NeN Xork and California also have seven-member conmerce commissions. I don't understand why we want to reduce from seven 29 1 I I STATE OP ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 ' I to five here. There's golng to be a minimal, if any, savings. The example used that We're goinq to ellminate staff presupposes tha: we have too many staffers on *he Commerce Commission, when the utility companies seeking to be regulated or who have to be regulated a1l are saying there 's not enough commissloners. There's not enouqh staff to handle the workload. So lt seems to me this is going Eo be a false economy. Sa tt seems to me that the real purpose behind this, is to change the control of the Illinois Commerce Commission. By reducing lt to five members from seven members, it's easier to conErol itr politically. It's easier to put the people on there that you Want - that are going Eo vote in your way, and that's what the Governor is doing. I -- I know this bill Was handed Eo you, Senator Maharv from Ehe Governorss Office. And I know the reason he's dolng this. This is an attempt to predetermine decisions by the Commerce Commission by elimlnating three of the seven members: putting on the fifth member who is going to vcte the Way the Governor wants on utlllty regulatory issues, with the larqer utilities and it's an anticonsumer move. So it seems to me that We should vote down this amendment at this time. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? fenator Mahar, to close. SENATOR MAHAR: Well: thank you, Madam Presfdeat. One point that I think I would maker as far as the workload of the -- of the commission, and naybe one reason, in addition to the savinqs that we're golng to realize, is that the federal government -- the Congress of the Unlted States, last year, I believe, took away our authority to regulate the trucking industry. So that's -- that 's part of the workload that tbey, the Commerce Commission, wilk no lonser bave to -- to do. I think the savlngs and downslzing and streamlinlngr this is the right direction to go. And I would move for the 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leqislative Day May l8s 1995 adoption of Floor Amendment No. 2 to Hause Bill 41.

PRESIDING OFPICER: (SEXATOR GEO-KARIS) Voting is open. All those tn favor of the amendment, slgnify by voting Aye. A11 cpposed. In the opinion of the Chair, the Ayes have i*. Roll call is requested on Amendment No. 2 in House Bill Madam Secretary. The voting is open. Havp all voted who wish? Have all voted who Wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 29 voting Aye, 29 voting Nay. And this amendment, not having received the majority vote: is declared lost. Senator Walsh. Senator Mahar.

I'd like to request that We verify the negatives.

PRESIDING OFFICER: (SENATOR GEO-KARIS) There is a request for a verifled vate. Will a11 Senators be their seats. The Secretary will read the affirmative votes. Are you requestlng the negative vctes, Senator Mahar? Please read the negative votes.

The fcllowing Members voted in the negative: Bermanr Bowles, Carroll, Clayborne, Collins, Cronin, Cullerton, DeLeo, del Vallez Demuzio, Thomas Dunn: Parley, Fltzgerald, Garclar Hawklnson, Hendon, Jones, Lauzen, Molaro, O'Daniel, Palmer, Rea, Severnsr Shadidr Shaw: Smith, Trotter, Viverlto and Welch .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Does Senator Mahar question the presence of any Member voting ln the negattve?

Senator Fitzgerald .

PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator FiEzgerald. Is -- Senator Fitzgerald in the room? Senator Fitzgerald . Strike his name from the negative. 31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995

No. No. Senator Cronin.

PRESIDING OFFICER: (SENATOR GEO-KARIS) senator Cronin? Senator cronin? Is Senator Cronin in the room? Strike his name from the negative.

Senator Hendon.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator gendon? He 's in...

Senator Molaro .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Molaro? Senator Molaro? He's in the back of the room .

Senator FarLey. PRESIDING OFFICER; (SENATOR GEO-KARIS) Senator Parker?

Farley.

PRESIDING OFFICER: (SENATOR GEO-KARIS) I'm sorry. Senator Farley. Senator Farley? Senator Farley? Strike hls name from the negative.

No further questions.

PRESIDING OFFICER: (SENATOR GEO-XARIS) On a verified roll call, the Ayes are 29 -- well, 1et me just read it please. On a verified roll cally the Ayes are 29, the Nays are 26. Senator Welch, for What purpose do you rise?

l would request a verification of the affirmative vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 32  STATE OB ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE QRANSCRIPT 52nd Leqistattve Day May l8: 1995 The request is in order. Madam Secretary. We will take verification af the affirmative votes.

The following Members voted in thp affirmative: Barkhausen, Burzynski, Butler, DeAngelis, Dillard, Donahue, Dudycz, Ralph Dunn, Fawell, Geo-Raris, Hasara: Karpiel, Klenm, Madigany Mahar, Maitland, O 'Malley, Parker, Peterson, Petkar Raica, Rauschenberqer, Sieben, Syverson, Walsh, Watson, Weavery Woodyard and Mr. President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Mr. Welchr do...

Senator...

PRESIDING OFFICER: (SENATOR GEO-KARIS) Do you question any of the affirmative votes?

Yes. Senakor Barkhausen.

PRESTDING OFFICER: (SENATOR GEO-KARIS) Senator Barkhausen? Senator Barkhausen in the roon? Where? Senator Barkhausen in the roon? Strike his name. Senator Welch, who else?

Senator Dillard.

PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Dillard. Senator Dillard ln the room? Strike his nam e .

Senator Madigan.

PREGIDING OFFICER: (SENATOR GEO-RARIS) Senator Madigan? Senator Madkgan in the room? He 's right in the back sir, on your side of the fence.

33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 Senator Hasara.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hasara is sitting in her seat.

Senator Klemm.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemm is rlght back there.

Senator O'Ma11ey.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley. Senator O'Malley ln the room? Senator O 'Malley in the room? Strike his name.

That's it, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The on a verifled roll call, the Ayes are 26, *he Nays are 26. And this -- those voting Present are noner and the amendnent fails, not having received the vote. Any further Flocr amendments?

No further amendments repcrted, Madam Presldent.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senator Walsh for what purpose do you rise sir?

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

PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point. SENATOR WALSH; I would like *o inbroduce the good looking group of students that's in the President's Gallery on the Democratic side. They are the student council representatives from my alma maEer, Ogden School, along with their teachers, Ms. Sauer, Mrs. Monti and Mrs.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 Haskell. Welcome to Sprlngfield. Please stand up. PRESIDING OFFICER) (SENATOR GEO-KARIS) Please rise in the gallery. We Nelcome ycu here to the Senake. House Bill 90. Sepator Karpiel. Senator Karpiel here? Senator Karpiel, House Bill 90? Out of the record. House 3ill 113. Senator HaWkinsan. Read the billr Madam Secretary.

House Bill 113. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Madam President. This creates a new hazing 1aw in the State of Illinois, replacing the former law which States Attorney's Association found to be too vague to enfcrce. This has had good work by our our staff in crafting this. It forbids anyone to knowingly condition a student or cther person's admission into a schcol-connected association or group, upon that persons commlssions of an act not sanctioned by the schoolr the act resulks ln bodily harm to anyone. The offense in a Class A misdemeanor and if death or great bodily harm occurs, it's a Class 4 felony. It's supported and requested by the Illinois State's Attorneys' Association. Wedve had some tragedies involving hazing around the State and this is an attempt by *he State 's Attorneys' Assoclation to craft a Statute which will enable that ac*ivity to be appropriately deterred and punished. And I Would request an Aye vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any fur*her discusslon? Hearing none, House 3il1 113 -- the question isr shall House Bill pass. Those in favorr vote Aye. Those opposed will vote Nay. The 35  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18# 1995 voting is open. Have all voted Who wished? Have al1 voted who wished? Have a1l voted who Wished? On that question -- take the record. There are 57 voting Ayey none voting Nor and none voting Present. This blll, having recelved the required constitutional majority, is hereby declared passed. House Bill 122. Senator Hasara. 122. Read the bill: Madam Secretary.

House Bll1 (Secretary reads title of bi11) 3rd Reading of the bill.

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

Thank you: Madam President, Members of the Senate. This bill asks for an evaluation of the entitlement programs that are administered by the Student Asslstance Commission. It also says, that after May 15*h of each year, ISAC determines that it will not be expending a1l of its money, it may transfer five percent of its appropriation to be able to pay for the Illinois Veteran Grant Funding Program. The whole idea of this blll is to make an attempt to better fund the veteran enEitlement. I'd be glad to answer any questions and would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusslon? Any further discussion? Hearing noney the question isr shall House Bill 122 pass. Those in favor, vote Aye. Those opposed w11l vote Nay. The voElng ls open. Have a1l voted who wlsh? Have al1 voted who Wish? Have all voted who wish? On that questicn take the record, Madam Secretary. There are 57 voting Aye, none voting No, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. House Bill 150. SenaEor Klemm . Out of the record. House Bill 153. Senator Peterson. Madam Secretary, 36  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 read House Bill 153.

House Bill 153. (Secretary reads tktle of bill) 3rd Reading of the bill.

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

Thank you, Madam President. House Bill 153 creates the Drug Dealer Liability Act to create a civil cause of action for injurëes caused by ilteçal drug use and agatnst those who have engaged in the marketing of illegal drugs. The main cause of action is for the parent, guardian, employer or drug user or governmental unit funding drug treatment of a user. There are limits on drug user's ability to bring suit. Comparative responsibillty is inpcsed in relatlon to damages. The Drug Dealer Liability Act is based on a proposal considered in -- being considered in Michigan . The bill would create civkl liability for drug dealers. The purpose of the blll is to create a system of monetary compensation for persons injured by illegal drug market and create an incentive for users to -- to identify the drug dealer. This bill passed ouE of commfttee wiEhout oppositlon. Passed out of the House without oppositian and I Nould ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any furkher discussion? Any further discussion? Hearing none, the question is, shall House Bill 153 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting's open. Have al1 voted who wished? Have a1l votgd who wished? Have all voted who wished? Madam Secretary, take the rcll. On this question: there are 67 voting Aye, none voting No, 1 voting Present. And this bill bavlnq recelved the required constitutional majorltyr is j 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 hereby declared passed. House Bill 160. Senator Claybcrne. Read the billr Madam Secretary.

House Bill 160. (Secretary reads title of bill) 3rd Reading of the blll.

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

Thank ycu, Madam President and Members of the Senate. House Bill l60 basically raises the age of a heresay statement. It now makes a statement admissible when there 's a complainant under fifteen years of a:e at the time of the physical or sexual act, which is the basis of the prosecution, was allegedly perpetrated if the statement was made within one year of the date of the act, which ls subject of the prosecution. The original age which made this, was thirteen and under. This has been -- the States -- State's Attorneys' Assoclation, Illinois Appellate Prosecutor Association feels that there's a need to raise lt by two years to accomnodate fcr some of the prosecutlons that they're having. would ask for a favorable vote, on House Bill 160.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing noney the question is, shall House Bill l60 pass. Those in favorz vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Have a1l voted who wish? Madam Secretary, take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. And this bill, havin: reeeived the required constitutional majority, is hereby declared passed. House Bill 175. Senator Garcia. Read the bill, Madam Secretary.

38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 52nd Legislative Day May l8, 1995 . House Bill 175. (Secretary reads title of b1l1) 3rd Reading of the bill. PRESIDING OFFICER; (SENATOR GEO-KARTS) Senator Garcia . SENATOR CARCIA: Thank your Madam President. This bill authorizes DASA to perform a public education campalgn to inform the State's Hispanic population concerning the prevention and treatment of alcoholism. It also requires the Departnent of Public Health to target women in its public education materials pertaining to the prenatal transmisslon of HIV - AIDS, and to make materlals bilingual. Also requires the Department of Public Health to utilize bilingual educational videos, aimed at teenagers who are members of high-risk communities, in the Department's HIV AIDS awareness programs and materlals. Senator Smith has amended this b1ll regardipg the reporting cf chlld abuse and we've been working with both ot the affected departments for sevêral years and T would urgeanlAyevote 1 PRESIDIN . 1G OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the qukstion is, shall House Bill l75 pass. Those ln favor, vote Aye. Tnose 1 opposed, vote Nay. The voting is open. Have al1 l voted Sho Wished? Have a1l voted who wished? Have a1l vcted Who wished? Take the record, Madam Secretary . On that question, there are 55 Ayes, none voting No, none votinq Present. And Ehis billr having received the required constlEutional majority, is hergby d l eclarej passed. May We have it a little more orderly with al1 I the Lazies and Gentlemen ln the Senate. House Bill 197. Senator Ralca, I did you wish this bill to be returned to 2nd Reading? Senator Raicae do you wish to amend this bill? No amendment. Madam Secretary, read the bill. l 1 39  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18, 1995

House Bill 197. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Madan President, Ladies and Gentlemen of the Senate. What House Bill l97 does is it requires that the -- Water ReclamaEion Distrlct Act Eo require that the Illinois Auditor General conduct a financial and compliance audit of the books of the MWRD and file a copy With the Governor's Office and the Legislatlve Audit Commission. also says that the Auditor General conduct this audit is repealed July of 1999. just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussicn? Senator Trotter.

Thank you very much, Madam Presldent. Will the sponsor yield?

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

senator Raicay why are you puttinq Ehis leglslaEion in?

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

Senator Trotter, this was because of legislation -- because it was a flagrant disregard by the MWRD when it came to a reservoir, which in ny district, Which Was originally agreed to for years by *he Congressman Lipinski, Senator Vlverito, myself, Senator Molaro and others that it'd only be a 10.5 billion dollar -- or billion gallon reservoir. The MWRD wanEed to double the size of 40  STATE OF ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 52nd beglslative Day May 18, 1995 that. The public rêsidenEs from Eha: communlty asked that it noE be done: and it took us months and months of, and months of -- of arguing back and forth for MWRD finally to agree nct tc: not only put in the expanded reservotr, but also noE close down 5GEh Street, which is in Mccock, Where this reservoir would have been placed.

PRESIDING OPFICER: (EZNATOR GEO-KARIS) Any further dlscussion? Senator Trotter.

What does that have to do with an audit?

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

It was requested by Representatlve Zickus ln the House, that an audit be -- an audit and a compliance order be fulfilled to see exactly where the funds are gcing in the MWRD and to put a check and balance system in to make sure that everything is above board .

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

Isn't there already an audit being done annually by the MWRD?

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

My understanding is, Senator Trotter, that it is -- but it Was requested that the Auditor General conduc: i*, addi*ion a compliance.

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

Just to the bill: This is obviously just a a slap at the President of the -- of *he board of the Metropalitan Water 41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 Reclamation District. And I'm assuming that his term must end in 1999. So when his term is over, you want this legislation to die. This is just frivolous legislation. Thls getting-even legislation, and I don't think this Body should be associated with -- with that kind action, and I believe that the Members on this side should vote in the negative.

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

Yes, had a question of the sponsor.

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indlcates hedll yield.

Senator Raicar is there a cost estimate attached ta the audit?

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

My understanding is# Senator Welch, that the money that they pay for this audit now would go to the Auditor General's Office. So, mean, would not be an additional cost, to the best of my knowledge. The fees there already that's being charged. It Would merely be conducted by the Audltor General.

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

So there wouldn't be a double audit, youdre saying. It would be -- I imagine that this Water Reclamation District is audited every year. This would be a required audik that's just being done by an outside body, is What you're saying?

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

42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legtslative Day May 18, 1995 The audit that's being conducted now, Pat, would not be done should this legislatlon be passed. The AudiEor -- the Auditor Gengral Would assume the audit responsibility. There would not b9 a duplication of an audit.

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

One question, Senator. Why can't you just pass a 1aw -- or a bill here that says they can't go more than the twelve billion gallons? Why don't you just to that inskead of the audit?

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

Well, Senator, al1 the elected officials in that district, Republican and Democrat, have for months and months attempted to - - to talk to the ccmmissioners lncludlng the president of the MWRD. This is not a slap at any of thase individuals. There was a total, flagrant disregard for any elected official in that community, and the residents that live in that communityr when this -- when this situation came up . We pleaded with the commissloners to -- to hear what we had to say ln that particular district and there was actually -- it fell upon deaf ears, Pat.

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

Yeah. Thank your Madam President. I rise in opposition to thls legislation. And if you have a -- a par*icular area, Senator, that you 're concerned about, it doesn't include the auditing and what you're attempting to do is increase the budget of the Auditor General. Currently, right nowy under current law, I as you so stated, they are audited by an independent auditor. And 1 43  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 -- and -- and if there were problems as relate to the audit, it would have shown up. It has not shoWn up. So if We -- if we are trying to get a -- at a particular issue in your respective district, that's something elsg. But I don't think that We should go about increasing State government when the local government has been conducting their business as they should have, and I urge the Members on both sides of the aisle to soundly -- to soundly defeat thls piece of legislation.

PRESIDING OFFICER: (SENATOR GEO-KARIS) We 'd like to have your attention. Any further discusslon? Any further dlscussion? Senator Raica, to close.

Well, thank you, Madam President and Members of the Body. This Was a very emotional -- very enotional situation in my district, and I would just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall House Bill 197 pass. Thcse in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wished? Have a1l voted who wished? Have alt voted who wished? Take the record . On that questionr there are 33 voting Aye, 19 voting Nay, l voting Present. And this bill, havëng recefved the requkred constttutional majorityz is hereby declared passed. Senator Woodyard: for what purpose do rise, sir?

On a point of personal prlvilege.

PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point: sir.

With us today in the gallery behind me, is a school from ny districte St. John's Lutheran Schoolr from beautiful Buckley, Illinois. And, gee: didn't they pick a good day to come doWn to Springfield. 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatkve Day May 18r 1995

PRESIDING OFFICER: (SENATOR GEO-RARIS) Would they please rise the gallery, and welcome, from Buckley, Illinois. We're glad to have you. House Bill 199. Senator Raica. Read tbe billr Madam Secrekary.

House Bill 199. (Secretary reads title of bi11) 3rd Reading of the bill.

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

Thank you, Madam President. House Bill 199 requires th9 Toll Authority to acquire a building and an adjacent property used for the purpose of educatlng elementary and secondary students if the building lies Within a hundred feet of an ingress or egress ramp of a Tollway Authority operated by the tollway. The Tollway Authority recently built a ramp on -- or right next to Dosher School, which is in my district located in the Indian Springs School District 109. This ramp Was -- apparently caused a great amoun: of nolse and pollution. Slnce then the tollway had to close this ramp and the businesses that community are suffering. But should that ramp be open, Madam President and Members of the Body? Thls ramp is right next to a school. It is the only one of its kind in the State of Illinois. The children 's lives are in jeopardy. We have large semitrailers that are ccming off that ramp . ThaE's the only road that the kids can walk across to go lnto the school. And this is a grave area of concern and just ask for a favorable roll call.

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

Thank you, Madam President. This bill Was heard committee, 45  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 and this is a good bill. And itls a -- Nill protect the llves of many children that aEtend that school. And certainly, I Would urge everybody to vote Aye for this legislation.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? The question iss shall House Bill 199 pass. Those in favor will vote Aye. Those opposed vote Nay. The voting is open. Have al1 voted who wished? Have all voted who Wished? Have a1l voted WhO Wished? Madam Secretary, take the roll. On this question, there are 57 voting Aye, none voting No, none voting Present. And this blll, having recelved *he required constitutlonal majorltyr is hereby declared passed. Senator Raica, for what purpose do you rise?

A point of personal privilege.

PRESIDING OFFICER: (SENATOR GEO-KARIS) State ycur point, sir.

Had -- had I been able to close, Would have thanked Senator Shaw for his help, not only in committee, but for his kind remarks on the Floor. Also, Senator Jacobs and the Members of both sides of the aisle for that vote. Thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) House Bill 206. 206. Senator Cronin. Senator Cronin. Take it out of the record. House B111 207. Senator O 'Malley. Out of the record. House Bill 226. Senator O 'Malley. Out of the record. House Bill 258. Senator Weaver. I'm sorry. Senator out of the record. Senator Dillard. House Bill 270. Senator Petka: do you wish Ehis bill reEurned to 2nd Readinq? Senator Petka? Senator Petka seeks leave of the Body to return House Bill 270 to the Order of 2nd Readlng for the purpose of an amendment. Hearing no objectlon, leave is granted. Senator Petka. Madam Secretaryr would you please read the bill. 46  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995

Amendment No. 2: filed by Senator Fetka.

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

Thank you very much. Senate Amendment No. 2 would provide or make *he folloging changes; those dkstricts whlch are -- sanitary districts which are undpr the Sanitary District AcE of 1917, kould permit a santtary board of trustees to appolnt a chief adminlstrative officer for a four-yearr renewable term; and additionally, this -- thls amendment itsel) Would permit sanitary districts Wtth a population of at least ninety thousand to have a five-member board and they Would not have to bave -- to be partisan appointees. I urge iEs adoption.

PRESIDING OFPICER: (SENATOR GEO-RARIS) Any discussion on this amendment? Any dlscussion? Senator Trotter.

Thank youy Madam President. Will the sponsor yield?

PRESIDING OFPICER: (SENATOR GEO-KARIS) He .indicates that he will.

Senator Petka, the biggest part of thls, I understand, is the deletion of the current provision that requires a five-member boardr that presently is a five-member board , that there are no more Ehan ehree should be of the same political party. So essentially, what this creatês ls a one-party boardr ls that correct?

PRESIDING OFFICER: (SENATOR GEO-KARIS) EenaEor petka.

That is not eorrect. What means is that people can -- will  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 be appoiated cn a basks of merit, rather than any political affiliation.

PRESIDING OEFICER: (SENATOR GEO-KARIS) Senator Trotter.

Okay. But, feasibly they can be a11 of the same party, since what I have here isr the county chairman actually makes the appointnents, and says those districts in -- which encompass several counties, the memberships or the members of this board are picked by the Members of the General Assembly. So that means that those counties where -- that touches various legislatlve distrlcts, a11 of us in this General Assembly can make thcse appolntments. Is that what it's saying? Is that goin: to be to a vote? Will we have a vote on the Floor for that kind of a board? How does the General Assenbly get involved?

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

The General Assembly is involved, Senator, on the the basis of -- those Senators who represent any portion of the sanltary district sign a petition which taken before a circuit court for circuit court approval.

PRESIDING OPPICER: (SENATOR GEO-KARIS) Senator Trotter.

Jus: ln -- just to the bill. Seemingly, what thls legislation does is, create: downstate Illinois, specifically the Springfield area and other areas where there's sizeable Republican districts, that they can create all-Republican boards. And I think Members of this side should be aware of thatr so if we do have membêrs on those board downsEaEe, Ehey will not be Ehere with the passage of this -- this bill. 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legtslatëve Day May 18, 1995

PRESIDING OFPICER: (SENATOR GEO-KARIS) Further discussicn? Senator Demuzio. END OF TAPE TAPE 2

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

Thank you, Madam Chairman -- Madam President. Also, I rise ln oppositlonv as well. I thought, Senator Petka, your explanation of the rationale for the removing of the political party represenkation was -- was very good. However, I -- I thlnk that this allows Springfield, for example, that has five trustees to a board of this nature to be appcinted al1 by one particular -- one particular party, and I don't know why We're doing this. It just seems to me that it's wcrking very well the way Striking that languaqe îs for a particular purpose, understand in your area, but however it affects the other groups also statewide, four or five of them. And, therefores for that reason I'm oppcsed.

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

Well, thank ycu. Thls bill came before our -- the committee earlier today -- this amendment. And I -- just have to express the same sentinents as senator Demuzio . think this -- this amendment sets a very, very bad precedent. I think ls the consensus of the public that We open up gavernnent and that We do 49  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 52nd Legtslative Day May l8e 1995 have some checks and balances. What this bill doesr We're going backwards with this amendment which wculd allow - and it's really -- the motivatton behind is to allow for a a1l Republican board here. And you -- you -- you -- youdve -- you have an a11 Republican State government and now you want an all Republican boardsy and -- and you canlt do that. Because if do it with thls amendment, other people are going to be coming in to do the same things predominately Democratic or Republlcan areas, to make sure that we change the law so that they can, in fact, point -- appoint all Demoerats or appoint a1l Republicans. We need that checks and balance therey so that they can be on those boards where people have the authoriky to -- to levy taxes and to deal With money and make major decisions as to the expenditure of tax dollars. We should not allow this to happen and these are appointed boards, true enough, and theydre no* elected. So at least you'd have somebody there they Were b0th Democrat and Republicans on these conmittees. And I -- just think this is a bad precedent and we should not do it.

PRESIDING OFPICER: (SENATOR GEO-KARIS) Any further discussion? Senator Shadid: on this anendment. EENATOR SHADID) Yes. Thank you, Madam President. I rise ln opposition to this. I don't believe it's fair, no matter which politieal party it Would favor. don'k khink it's right: and I don't think that's what the citizens want. So I'm urging a No vote.

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

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

PRESIDING OFPICER: (SENATOR GEO-KARIS) He indicates that he %i11# Senator Bowles. 50  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995

Senator Petka, is -- doesn't the present laW actually provide that there could be a chief administrator appointed: under the present law? It appears to me that this ts sork of mlcromanaging again: taking away from the local and bringing up to the legislative level.

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

Senator, I think you're dlscussing the underlylng bill. Welre talking about the amendment right now that kas adopted in committee.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dlseussion? Senator Cullerton.

Yes. Would the sponsor yield?

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

Does this bill - this amendment - does this allow for you to make an appointment: Senator?

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

Senator Cullertony ever since I've been in the General Assembly, connection with at keast one sanitary disErict, that has been prerogative. There -- any area where -- where a sanitary district crosses eounty lines, the appointment is made upon petition of a11 the State Representatives and State Senators to the circui: cour: of *he county that has the -- the most population. And that has been the prerogative of the General Assembly going back at leas: to 1987, since I've been here. 51  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusston? Senator Cullerton.

Sor you've had the authoriky to make appointments to khe sanitary districtr and this will increase the number of people that are appointed and say thak they don't three cannot be from the -- it eliminates the requirement that says that no more than three shall be fram the same politlcal party? Sc# you'll you'll be able to make more appointments and they can all be from the same party, is that what the amendment does?

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

Senator, two different ways of looking at the amendment, okay. Now you stated one end, and I'm going to staee the other. This permits the number of truskees that can be appointedy and the populatton requirements to be lowered from a hundred and, believe, five thousand down to ninety thousand. It also permit a board which has, in my opinion, we can select the best peopke for the position: regardless of partisanship or the use oî somethtng that unfortunately these type of requirements have ultimately led toz and thak is quotas. This Will permit placing the best people on the board, independents, Republicans, Democrats, whatever.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? fênator Cullerton.

Well, I'm certain that Senator Petka, who's had this authority to make these appointments, Will -- is supporting this bill so that he can make these appointments regardless of party and based on their merik. But take it that this Will apply to more than just the Aurora Sanitary Distrtct. And a cynic -- a cynic could 52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day May l8, 1995 say that what this amendment does is to allow for more appointments by Members of khe General Assembly, and it wipes out *he requlrements that therg be a balance in the the political party and the cynic mlght say this is just a -- like a powey grab, to make oome more appointmenEs from one par*y. And certain that that wouldn't be the case in Aurorar but this appltes to other munieipalities, and I think that that's -- I guess I'm getting too cynical, but I think there 's a lot of other cynical people here too that would say for that reason they would vote No.

PRESIDING OFFICZR: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Petka: do you wish to close on your Amendment No. 27

Yes. Madam Presldent and Members of the Senate, the -- the amendment has been debated at some length and there's been a attempt to put a spin on this, which is -- was not the intent of the sponsor. The first thing that should be kept in mind was we wanted to reduce the number of people in connection With the sanitary district where trustees could be increased . Tbat we have done. And not to injeet partisanship into thisr but perhaps to take partlsanship out of it - was the purpose for this. And so for those reasons, would urge adoption of this amendment.

PRESIDING OFFICER: (SENATOR GEO-KARIS) those in favor will vote Aye -- Will say Aye. Oppcsedr No. Are you requesting a roll call? Itds in order. There will be a roll call on Amendment 2 to House Bill 270. A1l Ehose ln favor, vote Aye. And those opposed wilk vote Nay. The voting is noW open. Are there -- have al1 voted who kished? Have a11 voted who wished? Have voted who wished? Madam Secretary, take the record. On that question, there are 29 voting Ayer 26 voting Nay, none voting Present. And this amendmentr having received *he required number of votes, is hereby adopted. Any further Floor 53  STATE OF ILLINOfS 89TH GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 amendments?

No further amendments reported, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading .

PRESIDING OFFICER: (SENATOR DeANGELIS) Por what reason does Senator Donahue seek recognition?

Do you -- on a point of personal privilege, Mr. President. PRESIDING OFFICER; (SENATOR DeANGELIS) State -- state your point.

In the gallery above the Democrat side of the aisle, We have Janie Fischer, who was a classmate of mine many years ago, and a group thak she takes called Seniors First, from Quincy, Illinois. I'd like them to rise and be recognized .

PRESIDING OFFICER: (SENATOR DeANGELIS) Will our guests in the gallery please sLand and be recognized. For what reason does Senator Woodyard seek recognltion? SENATOR WOODYARD) Thank you, Mr. President. On a point of personal privilege. Joinlng us today in the -- the President's gallery at the rear is St. Paul's Grade School from Woodworthy Illinois, seventh and eighth grade. Mr. Bristow is the teacherr and I would like the Senate to Nelcome them to Springfield.

PRESIDING OPFICER: (SENATOR DeANGELIS) Will our guests the gallery please rise and be recosnized . For what reason dces Senator Butler seek recognition?

Point of personal privilege, Mr. President. PRESIDTNG OFFICER) (SENATOR DeANGELIS) State your point. 54  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8: 1995

Mr. Presidentz seated in the President's Gallery on khe Democrat side, there 's a group of very special teens and young adults who are visltlng us on behalf of the -- or #s participants rather, in the northwest -- in -- in special recreatlon dlstricts. They are represented from the Northwest Special Recreation Association, the Maine-Niles Association for Special Recreation, Southwest Special Recreation Association, Western Dupage Special Recreation Association and the West Suburban Special Recreation. They are guests today of Senatcr -- Senators Fitzgerald, Cronin, Beverly Fawellr Patrick O'Malley. and I would ask the Chamber to give them a very, very special and warm hello .

PRESIDING OFFICER: (SENATOR DeANGELIS) Will our guests in the gallery please stand and be recognized . Le* us now return the Ordgr of 3rd Readtng. On 3rd Reading is House Bill 301. Senator Petka. Senator Petka? Take it out of the record. On the Order of 3rd Reading is House Bill 309. Senator 5m1th. Read the bill, Madam Secretary.

House Bill 309. (Secretary reads title of bill) 3rd Readlng cf *he bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Smith.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 309 establishes a tWenty-five member advisory panel on mlnority healkh, appointed by the Director of Publlc Health, to address the health problems of minorities and the number of minorities whc are health care professionals. This bill has received no opposition, and is supported by the Urban Leaguer the National Medlcal Association, Illinois Public Realth 55  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 Association and the Illinois Public Hea1th Administrators. And this bill simply codifies current practices of the Department of Public Hea1th. I ask for your favorable vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any questions. If notr the question is, shall House Bill 309 pass. Those in favor will vote Aye. Those opposed will vcte Nay. And the voting is now open. Have a11 voted Who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 52 Ayes, none voting No, none voting Present. And House Bill 309, having received the required constitutional majority, is declared passed. Senator Mahar, for what reason do you seek recognition?

A point of personal privilege, Mr. President.

PRESIDING OEFICER: (SENATOR DeANGELIS) State your point.

We have in the gallery behtnd us, on the Denocratic side from both Senator DeAngelis' district and niner students from James Hart Junior High School in Homewood. I Would ask that you join me in welcomlng them to Springfield.

PRESIDING OFFICER: (SENATOR DeANGELIS) Will our guests in the balcony please rise. Welcome to Springfield. On House Bill 314. Senator Woodyard, do you wijh this returned to 2nd Reading for the purposes of an amendment? Senator Woodyard seeks leave -- no. Senator Woodyard.

Thank you, Mr. PresldenE and Members of thê SenaEe. Is this the amendnent that -- that We adopted in committee that I need to presen*?

PRESIDING OFFICER: (SENATOR DeANGELIS) Can you just hold it for a second? Senator Woodyard asks I 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 leave of the Body to return House Bill 3l4 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave granted. Senator Woodyard. On the Order of 2nd Reading is House Bill 314. Mr. Secretary -- Madam Secretary, are there any Floor anendments approved for consideration?

Amendment No . 2, offered by Senator Woodyard.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Woodyard, to explain your amendment.

Thank you, Mr. Presldent. This is an amendment that Was flled yesterday, that is strictly just a technical clean-up amendment to the bill that we amended in committee.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any discussion? not, those favor, say Aye. Opposed, say No. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?

No further amendments reported.

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. On the Order of 3rd Reading is House Bill 320. Senator Cullerton. Senator Cullerton? Take it out of the record. On the Order of 3rd Reading is House Bill 355. Senator Hawklnson. Read the bill, Madam iecretary.

House B1l1 355. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hawkinson.

Thank you, Mr. President. This deals with *he question 57  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day May l8, 1995 of immunity for physiclans who work at free clinicsr and it ' expands that immunity to say that if the physlclan treats the person at their own for-profit clinic on a referral basis, or I refers them to another doctor who makes no charge, that that same immunity that applies at the free clinic would carry over to the referral. I'd be happy to answer any questions, otherwise ask for ; a favorable vote. PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall House Bill 355 pass. Thcse ln favor will vote Aye. The opposed, vote Nay. The vcting is open. Have a11 voted who wish? Have al1 voted who wish? Have a1l voted Who wish? Take the record. On that questionr there are 58 Ayesz none voting Nay, none voting Present. House Bill 355, having received the required constitutional majority, is declared passed. House Bill 497. Senator Dunn. Senator Tom Dunn? Read the bll1, Madan Secretary. ACTING SECRETARY HAWHER: House Bill 497. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dunn. SENATOR T. DUNN: Thank your Mr. President. This bill is permissive and would permit downstate, the county to operate juvenile boot camps with the permission cf the county board. PRESIDING OFFICER: (SENATOR DeANGELIS) Any dlscusslon? Any dlscussion? If noty the question is, shall Hcuse Bill 497 pass. Those in favor W111 Vote Aye. The opposed, voEe Nay. And Ehe voting is open. Have al1 voEed who Wish? Have a11 voted Who Wish? Have all voted WhO Wish? Take the record. On that question, there are 57 Ayes, none voting 58 . t G.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8z 1995 Nay, none voting Present. House Bill 497, having received the requtred constttutional majcrity, is declared passed. For what reason does Senator Geo-Karis seek recognitlon? SENATOR GEO-KARIS: On a -- on a point of personal privileger Mr. President. PRESIDING OFFICER: (SENATOR DeANGELIS) State your point, Senator. SENATOR GEO-KARES: I'm delighted, Mr. President and Ladies and Gentlemen of the Senate, to have with us today, the students and teachers from Millburn School in my district, Which is served by myself and Majority Leader Churchillr and I'm -- they are all up there in the President's Gallery with Mr. Cybul and other instructors and we want to welcome them here. PRESIDING OFFICER: (SENATOR DeANGELIS) Will our guests in the gallery please rise and be recognized . For what purpose does Senator DeLeo seek recognition? Senator Trotter, for what purpose do you seek recognition? State your point, Senator. SENATOR TROTTER : On Senate Bi11 -- House Bill 355: it was my intent to vcte No on that bill, and I Would like the reeord to reflect as such. PRESIDING OFFICER: (SENATOR DeANGELIS) Your request is granted, sir. SENATOR TROTTER : Thank... PRESIDING OFFICER: (SENATOR DeANGELIS) Senator DeLeoe did you wish recognition? SENATOR DeLEO: Point of personal privilege. PRESIDING OFPICER: (SENATOR DeANGELIS) State your point, Senator. 59 < ' - . - - - .. - .. - - . ... .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18: 1995 SENATOR DeLEO I i 1 Thank you, Mr. Chairman. I don't have anybody here in the I I gallery. Nobody has come to see ne a1l year, and I just wanted to I I make that polnt. I ' j PRESIDING OFFICER: (SENATOR DeANGELIS) I I You're still Well loved by the Body. For what reason does 1 Senator Clayborne seek recognltion?

Yes, Mr. President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR DeANGELIS) State your polnt, Senator.

Yes, sitting in -- sittin: in -- on the Floor W1th me is a former school administrator, as Well as a lifelong friend , as well as the Mayor of East St. Louis ' sisterg Mrs. Faye Tharp . Would the Senate please recognize her?

PRESIDING OFFICER: (SENATOR DeANGELIS) Will our guests in the gallery please stand. Oh, there you are. You're on the Floor. Okay. Welcome to Sprfngfield . House B1ll 505. Senator Maltland. Senator Maitland, 505? Take it out of the record . House Bill 507. Senator Peterson. Out of the record. House Bill 544. Senator Mahar. Out of the record. House Bi11 573. Senator Cronin. Senator Cronln? Out of the -- read -- read the bill, Madam Secretary.

House Bill 573. (Secretary reads title of bil1) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar. I mean, Senator Cronin. I SENATOR CRONIN: I Yes. Thank you . Thank you, Mr. President. House Bill 573 is I I 60 . ' . I STATE OF ILLINOIS 89TH GENERAL ASSEMPLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8s 1995 I a bill that has Widespread support. Is very much an initiative of l I theIllinoisMunicipalLeagueySuburbanMayorsandManagers. This 1 I permlEs municipalities, after amending *he Munlclpal Code, and providing that any municip#lity - now only tbose over twenty-five thousand population - that any municipality, may expedite the removal of certain dangerous and unsafe bulldlngs wlthout applying first to the circuit court. Such building mus: not be more than two stories in height, and must be a residential building. The municipalitg's building code department must determiner after a lengthy process, Ehat Ehe building is open and vacant - notice being given to the owner - and an immediate and continuing hazard to the community. Thenr and only then, may the municipality move forward for demolltion. This will help clean up our neighborhoods. This is somethlng that has been supported very enthusiastically by the Mayor of the Ctty of Chicago. We're just trying to expand the application of it. Ask for your favorable consideration. PRESIDING OFFICER: (SENATOR DeANGELIS) Any diseussion? Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President and Ladles and Gentlemen of the Senate, as I've stated before, I may have a possible conflict, because I am a village attorney in Vernon Hills, in Lake County, Illinois, but I have come across this situation: as a Maycr, also. And let me tell you, this bill is a very good bill, because We have some eyesores that should be removed, and it's awfully time taking to do it the old way. So I certainly speak in favor of ehis bill. PRESIDING OFFICER: (EENATOR DeANGELIS) Senator Shaw. SENATOR SHAW: Thank you, Mr. President. I didn 't quite -- Will the sponsor I yzeld? j sk . l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18, 1995 i I

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he Will.

I didn't quite upderstand -- and youlre circumventing the -- the circuit court. What -- what are you doing, I don't have the bill or any analysis on it? What -- what are we doing here, Senator? I didn't understand how you were circumventing the circuit court. Sounds like a great bill to me, but I just wanted to hear it.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin.

Well -- well your initlal reaction is -- is *he riqht one. It is a great billr and it just pernits Municipal Code -- or permits municipalities to expedite the removal of certain dangerous and unsafe buildings. This is after a lengthy process. Notice havlng already been given to the owners of the building . There being hearings. There being standards that have to be met. And it permits the building code departments, in municipalities, to move forward Nith demolition in order to clean up neighborhoods.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shaw.

The -- when you say lengthy process are we attempting to cut the process down by thlsr or are We keeping it Where it is?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin.

Welly *he goal is to -- to expedite matters, because the current situation is too slow, too cumbersome, and we think that by expediting it and at the same time making sure that we -- we respect the -- the constitutional rights and prccedures afforded 62  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 52nd Legislative Day May 18r 1995 that should be afforded to the property owner. We think we've accompltshed that balance in in this. We have notice requirements, certified maile publishin: in the newspaper. the owners take no action, we -- after that, 30 days, whichever is later. The corporate authorities may proeeed. Any person objecttns to the propoged actlon may file objection in court. And so we have protections in there, but the bottom line result of this bill, is that we'll be able to clean up dangerous and vacant and unsafe buildings which plague your neighborhood and plague many netghborhoods throughout the State, sooner.

PRESIDING OFFTCER: (SENATOR DeANGELIS) Senator Shaw.

Certainly it's a great bill and I think lt'l1 go a long ways towards doing exactly What Ehe Senator said. And we have a major problen in my district with abandoned buildings and -- and by the time the city goes through the courts and gek all of the orders that they need to tear down khese buildings, the people could have been kllled in then , and raped and robbed and they becone drug houses and certainly this is long overduey and I urge an Aye vote for the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Trotter.

Thank you very much, Mr. Presldent. too, rlse in support of this legislation. There was detailed discussion given committee and was good. And it is a great bill, Senator, and 1 recommend everyone to vote Aye for this piece of legislabion.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall House Bill 573 pass. Those ln favor will vote Aye. The opposede voke Nay. And the voting is open. 63  STATE OF ILLINOTS 89T: GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Have all voted who Wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that questlon, the Ayes are 58, the Nays are none, Present are none. House Bill having received the rqquired constitutlonal majorityr is declared passed. Senator Cronin, on 589. Read the bill: Madam Secretary.

House Bill 589. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin.

Thank youy Mr. President. House Bill 589 comes at the request of the State's Attcrneys Associationr both Republican and Democratic S*ate's Attorneys throughout the State. We seek to amend the exoneration article, the Crimlnal Code with respect to the defense of entrapment. Provides that a person was not entraped by the police lnto committing a crime if he was already predisposed to commit tt when he did and Ehe police merely afforded him a criminal opportunity or facility to do so. ask for your favorable consideration. This passed unanimously out of committee and passed overwhelmingly in the House.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is: shall House Bill 589 pass. Thase ln favor will vote Aye. The opposed wilL vote Nay. And the voting is open. Have a11 voted who wish? Have a1l voted who wish? Have a1l voted Who wish? Take the record. On that question, there 58 Ayes, none voting Nayg none voting Present. House Bill 589, having received the required constitutional majority, is declared passed. For What reason does Senator Smith seek recoînition?

Mr. President and Ladies and Gentlemen of the Senate, stand 64  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leqislative Day May l8, 1995 on a point of personal privilege, please.

PRESIDING OFFICER: (SENATOR DeANGELIS) State your pcint.

Thank you. We have I understand the seniors are down to visit us today. And we have, in the reporters b00th over herer a seniorz and one Who has been long-time reporter and hcnorary, and this is Ms. Rochelle Burton. Why don't you stand, Rochelle -- Ms. Burton. She is a news reporter, has been in the City of Chicago for lo these many years: and I just wanted to present her to our Body, this -- this afternoon.

PRESIDING OFFICER: (SENATOR DeANGELIS) Welcome to Springfield, Ms. Burton. Senate Ksicl Bill 597. Senator Petka. Read the bill, Madam Secretary.

House Bill 597. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka.

Thank you, Mr. President, Members of the Senate. House Bill 597 creates the Joliet Arsenal Development AuEhority. This authorkey would conskst of approximately three thcusand acresr Which comprise the property commonly known as the Joliet ammunltion plant and arsenal. For those of you who drive along Interstate 55 comin: to and from Sprin:field, just after you cross the Kankakee River and heading north, you will come across the -- the arsenal property. It can be seen from the from the hlghway. Wha: Ehis board ks empowered to do ks, fkrst of all, the board Will consist of a board of directors. Four of Nhon are appointed by the Governor from W1ll County with the advice and 65  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18r 1995 consent of Senate. The remaining five members Will be appointed by the County Board of Will County, one each from Joliet, Wilmington, Elwood, Manhattan and Symerton - al1 belng communities withtn the County of Will. The members would serve without compensation, but be reimbursed for expenses. Additionally, th9 authortty may issue up to one hundred mtllkon doklars of bonds for the financing projects within the Joliet Arsenal Development Authority property of three thousand acres. This authority Would be abolished upon the expiration af fifteen years or one -- one year after a1l bonds: notes and other indebtedness have been fully paid. The -- the purpose for this is to have a transformation of land from the -- the Joliet arsenal for purposes of public development. In additlon to the Development Aukhority that you see, there's going to be a creation, on the arsenal property, of a national cemetery and in addition to that, there will also be a very large wildlife preservation -- wildlife preservation area. Mr. President, Members of the Senatey I move for adoption and Would be pleased to answer any questions.

PRESIDING OFFICER: (SENATOR DeANGELIS) The questlon isr shall House Bill 597 pass. Those ln favor will vote Aye. The opposed Will vote Nay. And the voting is open. Have a11 voted Who Wish? Have a11 voted Who wish? Have voted who wish? Take the record. On that question, there are 58 Ayes, none vcting Nay, none voting Present. House Bill 597, having received the required constitutional majority, is declared passed. fenate <s1c> B1l1 653- SenaEor Hendon. Read Ehe bill, Madam Secretary.

House Bill 653. (SecreEary reads title of bill) 3rd Reading of the bîll.

PRESIDING OFFICER: (SENATOR DeANGELIS) 66 I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8r 1995 Senator Hendon. SENATOR HENDON: I yield to Senator Trotter. PR3SIDING OFFICER: (SENATOR DeANGELIS) Senator Trotter. SENATOR TROTTER: Thank you very much, Mr. President and Members of the the Senate. This Senate bill, as amendedr requires the Department of Aging to investigate the presenk system of home and communtty-based services tc ensure that those services continue to serve as cost-effective options for persons who need nursing home care. Thks is the same bîll that went out of here and got tied up over in the House in the Rules Ccmmittee. It Went out of here unanimously and I'd ask for a favorable roll call on this initiative. PRESIDING OFFICER: (SENATOR DeANGELIS) The question 1s, shall House Bill 653 pass. Those in favor will vote Aye. And the opposed wfll vote Nay. And the voting is open. Have all voted who wish? Have all voted Who wish? Have a11 voted who wish? Take *he record . On that questlon, there are 59 Ayes, none voting Nay, none voting Present. House Bill 653: having received the required constitutional majority, is declared passed . House Bill 660. Senator Cronin. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER : House Bill 660. (Secretary reads title of bill) 3rd Reading of the b111. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin. SENATOR CRONIN: Thank you, Mr. President, Ladies and Gentlemen of the Senate. 67  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legisla*ive Day May 18y 1995 This bill amends the Higher Education Student Assistance Act. It adds one member who has knowledge and background of public communlty colleges to the ISAC board and decreases from five to four the number of at-large citizens appointed to the board. This had no opposition in the House and no opposition in committee. It's a great blll. I ask for your favorable consideration.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall House Bill 660 pass. Those favor will vote Aye. The opposed will vote Nay. And the voking is open. Have all voted who wish? Have a11 voted who wlsh? Have al1 voted who wlsh? Take the record . On that question, there are 57 Ayesr none voting Nay: none voting Present. House Bill 660, having received the required constitutional majority, is declared passed. House Bill 689. Senator Burzynski. Read the bill, Madam Secretary.

House Bill 689. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Burzynskl.

Thank your Mr. President, Ladies and Gentlemen of the Senate. This bill changes the School Code in three different areas. number one, allows school districts that elect their school board members by congressional township to now by referendum of each township Within that district switch to electing their school board members at large. This is permisslve language. Number two: provides that when a school board vacancy occurs With less than eight hundred and sixty-eight daysy noW twenty-eight months, that *he remaining term of the vacancy shall be filled by appointment. It's a clarification of current law. And number 68  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslatlve Day May l8, 1995 thtee, allows school districts from which newly consolidated I districts are formed to level property taxes for the neW district, l I at the rate specified in Ehe consolidated petition in the evenE ! *henewboardofelectionsisnot--anewboardof education is 1 not elected in the same calendar year. I'd be more khan happy to answer any questions. PRESIDING OFFICER: (SENATOR DeRNGELIS) Senator Hawkinson. SENATOR HAWEINSON: Thank you, Mr. President. Sponsor yield for a question? PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he will yield. SENATOR HAWKINSON: Senator, lf -- lf you -- my school distrlct, for example, I think elects by congressional townships, even though *he majority of the dtstrict is in the ciEy in one township, the outlying area has so many that are required to be elected from that outlying area. Will this referendum require a majarity vote in both townships or can thê majortEy area slmply decide by referendum to have at-larqe electicns? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Burzynski. SENATOR BURZYNSKI: Th:t's a good questlon. No. Each toWnship wculd have to approve the referendum . So -- so the larger township could nct supersede the smaller one. PRCSIDING OFFICER: (SENATOR DeANGELIS) Any further discusston? If notr the question is, shall House Bill 689 pass. Those Ln savor Wlll vote Aye. The opposed, vcte Nay . And *he voting's open. Have all voted who Wish? Have al1 voted Who wish? Have a11 voted who wish? Have al1 voted -- thank you: Senator Klemm . Have a11 voted Who Wish? Take the record. 69 ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May k8: 1995 E k On that question, there are 59 Ayes, none voting Nay, none voting I Present. House 3ill 689, having received the required I ' constitutional majority, is declared passed. House Bill 731. I Senator Cronin. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER) House Bill 731. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin. SENATOR CRONIN: Thank you, Mr. President. This bill Was amended in committee. Wtth the amendment, it was reported out on the Agreed Bill List. What it does is require local school council candidates to disclose Whether they have been convicted of any of the various drug and sex crtmes delineated in the criminal background check law. The -- the amendment -- or this bill also allows, but does not require LSCS to remove members for failure to disclose such informatton. I ask for your favorable consideratlon. PRESIDING OPFICER: (SENATOR DeANGELIS) The questton is, shall House Bill 73l pass. Those in favor wilk vote Aye. The opposed, vote Nay. And the vobing's open. Have a11 voted who wish? Have all voted Who wish? Have a11 voted Who wish? Take the record . On that question, there are 58 Ayes, none voting Nayv none voetng Present. House Bill 731, having received the requfred constttueëonal majority, is declared passed. 741. Senator Cronin. Hause Bil1 741. Senator Cronin? Read the -- read the bill, Madam Secretary. ACTING SECRETARY HAWKER: House Bill 741. (Secretary reads title of btll) 3rd Reading of the bill. I I 70  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18, 1995

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin.

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This b1ll amends the Human Rights Act, to streamline investigative and adjudlcative processes in the Illinois Human Rights Commission and the Illinois Department of Human Rights. does five basic things: it reduces from 2l0 to 60 the days from the date the charge is filed, by which a respondent must file a verified response with the Department; two, moves the request for review process from the Commission to the chief legal councLl of the Departnent; three, creates an alternative dispute resolution mechanism within the Commisslon; four, allows a rullng written by an administrative 1aw judge who did not preside over the case; five, includes the Commission bill. A bill that was -- is -- is the sum and substance of which is House Bill 2338. need to point out to the Body that a slmilar bill passed out of the Senate in the 88th General Assembly on a fcrty-five to eight vote. The - - the Senate needs ta know that there has been a five-year effort underway in developing the content of this bill. The parties have worked diligently, for a long time. This contalns many of the Department and Commission requests. The general council, Jackie Lustig has agreed: or she agreed in committee that if the funding is there, that this is a good bill. I ask for your favorable conslderation.

PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Dunn.

Thank you, Mr. President. I guess the question to the sponsor is, what happens if the funding is not there? Does it then become a bad bill?

PRESIDING OFPICER: (SENATOR DeANGELIS)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May i8, 1995 Senator Cronln. SENATOR CRONIN: , I Well, I think it's kind of like any other bl11 around here. Yesr I acknowledge that in order that the processes and prbcedures laid out in this billr in order for them to be effective, there will need to be funding and the funding is no* ye* Ehere, 'but we ' hope it comes some day soon.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dunn. SENATOR T. DUNN: ' To the -- to the billr Mr. Presldent: Well, there is no new noney guaranteed in this -- in this legislation. Nor are there additionat legislators, and what they're asking to do is to suarantee a one-year investisation period as opposed to th@ system that is in existence now . There is in existence now , a backlog of some seven thousand cases and an investigator is not assigned I until eighteen months lnto the investlqatlon. So without the funding - it's a great idea - I mean, lt's -- it's -- it's good business to conclude a -- a bad situation for an employer and an employee within a year: as long as you provide the mechanism. But this bill doesn't provlde the mechanism, and that's too bad, because I could be for this bill very easily if it did provide the mechanism.

PRESIDING OPFICER: (SENATOR DeANGELIS) Senatsr Palmer. , SENATOR PALMER: , I Thank you, Mr. President. A question of the sponsor. I PRESIDING OFFICER: (SENATOR DeANGELIS) I i I Sponsor says he will yield. '

I Senator, how many cases are now on backlog? PRESIDING OFFICER: (SENATOR DeANGELIS) I 1 72  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Senator Cronin.

I think three thcusand.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Palmer.

! According to my analysis, it's seven thousand. Is that : correct?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin.

My understandin: that -- that is the -- that accounts for the pending and backlog cases. The backlog alone ls -- is three thousand. And -- and the deadlines in this bill are prospective -- prospective.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Palmer.

Yes. I understand they're prospective, but if that is the rate that is already in place, and if there is no new money, then logic says that we will be cutting off people already by not being able to take care of the -- the people that we have already and now you're putting a three-hundred-and-sixty-five-day limit on it. So I suggest that this is not a good bl11: and I'm looking at about a -- an inch wide list of organizations that oppose this. And -- and there's a certain irony that khis is called a human rights bill. Thank you.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jones.

I Yes. Thank you: Mr. -- Mr. President. Will the sponsor ! ; yield? i 73  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he wkll. SENATOR JONES: Yeahr Senator you indicated that the Department was ln the -- the Departmen: came ln in opposition to the bëkl. They didn't oppose the bill? Did -- did the Department -- did you indicate to the Department that -- did they -- did they oppose the bill? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin. SENATOR CRONIN: In the final analysisr thlnk you could say that they oppose the bill. :ut they partlcipated in the process. This bill includes many of their recommendations, and they agreed, they conceded that if the funding were there that they Would enthusiastlcally embrace the bill. So it wasn't a real strong opposltion, in my judgement. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jones. SENATOR JONES: Well, I can understand that, thak's the reason why was always opposed to the -- this -- this Human Rights Department even belng created, because the -- I recognize that the Director is appointed by the Governor. And stnce they are appointed by the Governor, then to carry out the duties of human rights as far as filing complaints and things of that nature, theydre are sorE of hamstrung. The -- the Director should of came knto the committee and said, ''I need X amount of dollars and demand that I need the dollars in order Eo carry ou* thls function.'' It should be streamlined. No question about it. One should not have to waiE eighteen monkhs after flling charqes. But believe the director of the department should have came into the the committee and said, ''I am opposed to this bill opposed to it, because v . ' . -:L-. .. - . - ...  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 1995 you 're not giving me the adequate funding.'' And -- and again, this is the problem with the department, because the director is appointed by the aqency. And, I'm quike sure in in SEate government when there are charges of discrimination and so forth, they do not use their initiatory powers to ga after it, because it actually would be going after their own boss sometime. So, again, I have mixed emotions about thls department, but I don't think youfre solving the problem . Perhaps you can convince Rauschenberger to put maybe the amount of dollars necessary -- Senator Rauschenberger to put that in the budget to make up for this. Could you tell the Body -- could you tell *he Body is thls going to be -- is the necessary dollars golng to be available in the next fiscal year to deal with the necessary investlgators needed to comply with this -- this law?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin.

In response, Senatory I can offer this, I -- I know that the proponents, management groups: have been talklng to Senator Rauschenberger, appropriations staff people, Bureau of the Budget in a sincere effort to try to secure funds for this. They want this bill With the money.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jones.

Wellr maybe you can'E answer *He question. Perhaps maybe Senator Rauschenberger can answer, 'cause we haven'k see the budget, so perhapsr you knoWy we haven't seen the budget, are the dollars in there? This is a rhetorical question, perhaps you can ask Senator Rauschenberger: are the dollars in there to implement this bill if it becomes law?

PRESIDING OFFICER: (SENATOR DeANGELIS) 75 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18r 1995 Senator Shadid. SENATOR SHADID: Yes. Would the sponsor yield? PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he will. SENATOR SHADID: Senator Cronin, during the committee hearlng, I believe I specifically asked the representative of the Human Rights Commission, if they supported the bill, or opposed it. And she was sort of hesitant, I think she said that, ''Wel1 they don't support it because of the approprlation.'l It isn't funded. I asked, I said, ''Do you support the bill regardless of the -- whether it's appropriated or not, do you support this bi1l?'' and that person told me ''Yes.'' Was I correct? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin. SENATOR CRONIN: I -- I -- I appreciate your thought on it, and I -- I wish that were the case, but my recollection was that she said, ''Yes, if funding were there.'' And she never, I don't recall an unequivocal No, she Wouldn 't support it. I don't remember that: but... PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shadid. SENATOR SHADID: My memory is that I specifically askede afEer several Conversations back and forth, she did say ''Yesr'' if my memory serves me correct. If -- I said forget Ehe fundlng, I sald HDO you support the contents of the bill?'' Well, that's hoW I remember it. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hawkinson. 76 i ' j  STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995

Just -- just to try and clarify the record, because they did file a sllp in opposltlon, and SenaEor Shadld did ask. Bu* my recollection is equally clear, Senator that your question said, it is properly funded, and her response was she would support itr lf lt was properly funded .

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin, to close.

Thank you very much, Mr. President. I think a11 sides agree that this is a good bill. That the mechanisms that are laid out, the procedures, the streamlining, it's what needs to be done without a question. In addition to that, there needs to be dollars. No question about that elther. We're at least taking a proper step in reforming the Department and the commission and I would ask for your favorable consideration to that end.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall House Bill 741 pass. Those in favor will vote Aye. The opposed Will vote Nay. And the voting is open. Have all voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. 0n that question, there are 33 Ayes, 23 Nays, voting Present. Hcuse Bill 741, having received the requlred constitutional majority: is declared passed. Senator cronin. House Bill 797. Senator Cronin? Read the billr Mr. Secretary.

House Bill 797. (Secretary reads EiEle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin.

77  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leqislative Day May 1995 Thank you very mueh . I feel like I'm -- Ifm getting into the O'Malley order of business these days. In any event, House Bill 797, is a bill that was amended committee and the amended version that we're looking at right now, deletes a1l statgtory dutles for Ehe reglonal office of education oversight boards and provides that they shall advise the regional superintendent on educational service center programs and any other program under the control of the regional superintendent. The repealed duties include approval of institute fund expendituresr reviewing and approving the fiscal and planning activities fer former ESC programs, overseeing cooperative programsr employing personnel. The anendment goes on in that regard with reports and financial statements. I ask for your favorable consideratlon.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall House Bill 797 pass. Those in favor Will vote Aye. The -- I apologize, Senator Bermanr I didn 't see your light.

Thank you. Question of the sponsor. The State Board of Education indicates that it is opposed to this, could you tell me Why?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator -- Senator Cronin.

Well, they probably don't agree with the underlying policy of the bill. I -- I -- I couldn't tell you exactly. They probably Want the regional superintendent's offices to -- to have more power and no* less.

PRESIDING OFFICER: (SENATOR DeANGELIS) senator Berman.

Thank you. -- the State Board had talked to me earlier  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislativp Day May l8' 1995 : I i today about this, indicating kheir oppositlon. ïhey were going to I I get me some details and -- and I really haven 't received them yet. I -- I guess they 're concerned as to the advisory board and the -- and the makeup, and the compromlsing of the regional superintendent's positton on Ehat. I -- I don't know What -- What to say, other than that.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin. Do you wish to close?

Yes. I -- I ask for your favorable consideration. Thank you.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall Housp Bill 797 pass. Those in favar will vote Aye. Opposed will vote Nay. And the voting 's open. Have a11 voted wbo wish? Have all voted who wish? Have a1l voted Nho wish? Have a1l voted who wish? Have a11 voted Who uish? Take the record. On that questionr there are 33 Ayes, 26 Nays, none voting Present. House Bill 797, having recelved the required constitutional majority, is declared passed. House Bill 838. Senator Crcnin. Take it out of the record. Rause Bill 859. Senator Syverson. Read the bill, Mr. Secretary.

House 3i11 859. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Syverson.

Thank you, Mr. PresidenE and Ladies and Gentlemen of the Sgnate. 859 does two things: iE allows zonin: -- zoning complaints to be handled through a code hearing process. The other it does, is allows licensing of demolition contractors. I know of no objection. It passed unanimously out, previously. 79  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall House Bill 859 pass. Those favor will vo*e Aye. The opposed will vote Nay. And the voting is open. Have al1 voted Who Wish? Have a11 voted Nho wish? Hgve all voted who wish? Take the record. 0n that questionr there are 59 Ayes, none votlng Nayy none votin: Present. House Bill 859, having received the requlred constitutional majoriEy, is declared passed. 929. Senator Karpiel. Senator Petgrson, on 939. Do you wish thls bill returned to 2nd Readkng Eor the purpose of an amendment? Senator Peterson seeks leave of the Body to return House Bi11 939 to the Order of 2nd Readlng for the purpose of an amendment. Hearing no objectionr leave is granted. Senator Peterson. 0n the Order of 2nd Reading is House Bill 939. Mr. Secretary, are there any Floor amendnents approved for consideration?

Amendment No. 1, offered by Senator Peterson.

PRESIDING OPFICER: (SENATOR DPANGELIV) Senator Petersonr to explain your amendment.

Thank you, Mr. President. The amendment just adds another member to the -- the bike trailways committee and that Nould be a representative of khe Cook County Forest Preserve District. There's no opposition to *he amendment. ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any discussion? A1l those ln favor, signify by saying Aye. Opposed, Nay. The Ayes have iEp and the amendment is adopted. Any further Floor amendments approved for consideratlon?' EECRETARY HARRY ; No further amendments reported, Mr. PresldenE.

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Readlng. Senator Karpiel. 955. Take it out of the record. 80  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legtslative Day May l8, 1995 Senator Klemm. 974. Out of the record. Senator Dudycz. House Bill 1002. Read the bill, Mr. Secretary.

House Btl1 1002. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dudycz.

Thank you, Mr. President. House B111 1002 ls legislation which was requested by Rosemont Horizon. They assert that this leqislatlon will tighten the existing loopholes under Jurrent 1aw for ticket brokers. Currently: the current law exempts the ticket broker from the Ticket Scalping Act if he or she engages in the sale of tickets on a regular, or on an ongoing basis -- or and an ongoing basis; operates from one or more of fixed locatlons; does not sell or attempt to sell tiekets for any event while sitting, standing near *he factlity at which the event is to be held, is being held; and complies with the Retailers' Occupation Tax Act and all other appllcable federal: State and local laws. House Bill 1002 requires ticket brokers to register with the Secretary of State 's Office to maintain their exemption from the Ticket Scalping Act. They require a -- an annual registration fee of one hundred dollars and they must certify to the Secretary of St#te's Offlce that they neet the following criteria) Tha* number one, Ehey enqage in a resale of tickets on a regular and ongoing basis from a permanent or a fixed location from within the State; they malntain, as the principle business activity at thak loeation, the resale of tickeEs; they display, at that locationp the ticket broker's registratton; they maintainr at that locaElon, a listins of the names and addresses of a11 persons employed by the ticket broker; they certify that nelther the eickeE broker nor any of 81  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESEION SENATE IRANSCRIPT 52nd Legislative Day May l8, 1995 their employees have been convicted of -- of a violation of this Actr Nithin the preceding twelve months and that they are compliance with a1l applicable federal, State and local laws relating to the tieket sellinv activitles. And they must also meet the following additional requirements: That is to maj. 'ntain a statewide eoll free number for consumer complaints and inquiries; adopt a code thaE advocates consumer protection that must lnelude consumer protection guidelines; a standard refund policy and standards of professional conduct; adopt a procedure for the resolutions of consumer complaints by a disinterested third party; establish and malntain a ecnsumer protection rebate fund in an amount in excess of one hundred thousand dollars. The -- the bill maintaëns that current law khich prohibits ticket brokers from selling or attempting ko sell tickets while sitting, standing or being near a facility at which the event is being held, as well as current law which -- I seek your affirmative support.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Raica.

Thank you, Mr. President. Walter still has ten: second-baleony seats left, if anybody Wishes, for tonight's Bulls game.

PRESIDING OFPICER: (SENATOR DeANGELIS) The question is: shall House Bil1 1002 pass. Those in favor vote Aye. The opposed vote Nay. And the voting is open. Have a1l voted who wish? Have all voted Who Wish? Have all voted who Wish? Take the record. On that question: there are 55 Ayes, l voting Nay, none votin: Present. House Bill 1002, havtng received the required eonstltutional amendment -- majority, is declared passed . Far What purpose does Senator Dudycz seek recognition?

82  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 I On a point of personal prlvilege, Mr. President.

PRESIDING OFFICER: (SENATOR DeANGELIS) State your point.

Just for the information of the Membership that I gave those ten ElckeEs to Senator Raica, and you can go Eo his office anytime and pick them up.

PRESIDING OFFICER: (SENATOR DeANGELIS) Thank you. Senate <sic> B111 1023. Senator Berman. Read the bill, Mr. Secretary.

House Bill 1023. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Berman.

Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate . Senate <sic> Bill 1023 has one amendment on it. The -- the basic bill has approximately six different items, Which are very technical, dealing essentlally with the probate proceedings that came from the Chicago Bar Association. And the underlylng bill, I don't believe, has any dispute as to these relatively technical minor changes. I do want to call your attention to House Bill -- to -- I'm sorry, Senate Amendment No. 1, to this b1l1, and thls addresses a subjec: maEEer which thls Body approved about two weeks ago on a vote of 51 to 3. And that dealt With the statute of limiEations for legal malpractice involvin: testamentary documents, including Wills. What we have dong by *he amendmenE Eo this bill, is to -- to say that We Want to give the consumer - the person Who makes the wl11 or makes these documents - make them aware of the limited statute of limltations that Was incorporated 83 : . .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 in House Bill 20. And what we provide is that a notice must appear on the document in which the -- the person who the client will be aware that they must review this document within every five years, because there ls an applicable a six-year statute of ltmitationsr as applies under the neW law to attorney malpractice liability statute of limitations. This is much more lentent than the b1l1 that we previously passed It's the result of discussions that I've had with probate lawyers. They still are concernedz because of the uniqueness of their practice. But I think this is a very fair consumer-oriented approach. I'd be glad to respond eo any questions and I solicit your Aye vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Barkhausen.

Thank you, Mr. President and Members. Senator Berman, as I've said to you before, you 're being admirably persistent in your pursuit of this change to one of the small provistons of House Bill 20, the so-called Tort Reform b1l1 that we passed a couple of months ago. On -- on our side of the alsler thlnk we should certainly continue to resist, at this early stager any modifications in that law . Beyond that however: would again state, we 've had this debate before, but T wculd again staee that, in my opinion, there is no just reason to be enacting a separate statute of repose applying only to estate-planning lawyers or to those drafting documents that take effect upcn death, which might conceivably be other than wills and trusts. And -- and for that reason, and because this bill is unlikely to go anywhere in the House in -- in any event, I would again urge opposition to the second part of Ehis b111.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cullerton.

84  STATE 0P ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd LegislaEive Day May l8, 1995 Thank you, Mr. President, Members of the Senate. To refresh your menory, when we passed to Tort Reform bill, I took some tlme to say thae we wgre passing a part of that whlch Nas a horrible change for the -- our constikuents. It Wculd've allowed for a negligent lawyer to :et off the hook, if he or she drafted a so that people who uere suppased to take the inheritance didn't get And we heard from z believe: Senator Dillard said, Senator Lauzen said they said they would support a trailer bill to take that part out. Because let's face it, that is the law now. So we passed a trailer bill. There were three people who voted against but there were fifty-two or so that voted for And the Majority Leader of tbe House of Representatives became the sponsor/ but he couldn't get it out of the Rules Committee. so, Senator Berman has come up with a bill whieh is -- almost tempting to vote against because it's so weak. Now the lawyer can get off the hook, if puts in the willy a notice that says, ''You know Whatr after five years you can 't sue me any more, so you better come in and get our will re-done.'' But at least it's a notice, and so at least the person who has their w111 done will check in kith thelr lawyer to say could you please look at this again, so that you messed up, I can sue you. But at least it's something. And there 's also a provision in here that says that if the neqligent lawyer's grandson - remembér ke talked about the fact that there could be a family lawyer who his son becomes a lawyer and then his grandson becomes a lawyery and they cculd still be sued - there's a provlskon in here that says a: leas: *h9 lauyer -- the negliqent lawyer's uidow cannot be sued. So that's a -- an acknowledgemen: that weere trying to do everykhing possible. But 1'm uarning you, once again, thi: is one of those bills that if we don't pass, there's goin: to be a major scandal a couple of years. It's going to be a front paçe story your district about somebody <ho 85  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 didn'e get the inheritance that tbey're supposed to get, because some secretary typing the will punched the wrong button and the paragraph G was deleted, and as a result it -- it goes to the wrong person. And so i*'s somethin: which we: in the Senate, ought to insist that the House change. And the only way we can do it is by passinq this bill.

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

Thank you, Mr. President. I rise in suppcrt of House Bill 1023, as amended, for much of the reasons already stated. However, will agree With Senator Barkhausen that this bill probably won't go anywhere in the House, because the House doesn't want to correct the problem. The House stuck this provision in in the first place House Bill 20r Wasn't part of the negotiakions on tort reform. They stuck it in at the last minute, and it does exactly what the sponsors of this amendment said it did. It let's those of us in *he legal profession who write Wills and make mistakes completely off the hock after six years. And most of us have wills and -- and fortunately live much longer. I think one of our Senators noted ln committee that order to prevally you'd have to die within six years, and few of our constituents or us want to do that. So this is -- this is even a much Watered down correction of that problem, but it's one that we absolutely have to do. We don't do now, some events are going to demand that we do sooner or later. And this is simply a Warning on the probatg documenE EhaE you ought to have your will reviewed in flve years ln case it's not properly done and *he money's left to the wrong party, or it's heavily taxed when it shouldn't be . And I urge an Aye vote.

PRESIDING OFPICER: (SENATOR WATGON) Further discussion? Senator Geo-Karis. 86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yleld, Senator Geo-Karis.

I think we've been talklng legalese al1 alcng and maybe some lawyers -- some of us lawyers can understand lt, but Ir for oner who've been practice a number of years and I do a 1ot of probate, am not quiEe clear as to what you're driving at. Tell me, are saying that when we draft a will we sbould put in the will that the party who 's going to sign that will -- execute that will, should have their will reviewed every five years? Did I understand that correctly?

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

This is the language that should appear at the top of the will or these testamentary docunents as follows: Quote HAn action agalnst an attorney for professional errors or omissions generally must be filed in court within two years from the tine the person brlnging the action knew or reasonably should have known of the injury, but in no event, more than six years after the date of the attorney's error or omission. Accordingly, advisable to have an attorney review wills, trusts and other similar instruments at least every five years.'' Unquote. The purpose of Ehis, to 1eE hhe person who's signing the will, for example, know that there is a statute of limitations that will affect the validity of this will before they may die. Under the old law , the statute of limitations didn't start to run until the person who drew the will died. Under the new law, under House Bill 20, it's from the date of the signing of the will and the person may live a longr long time beyond that. So just letting the consumer 87 ' ' j STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leqislative Day May l8, 1995 I know -- letting the client knaw that they should take a look at -- I revieu this document within five years. It's -- it's public awareness . PRESIDING OFFICER: (SENATOR WATSON) fenator Geo-Karis. SENATOR GEO-KARIS: Does a doctor put on his prescripEion language saying that this prescription should be revieued by you and -- and lf lt doesn't work out, you can come back and have recourse agalnst me? PRESIDING OFFICER: (SENATOR WATSON) Dr. Berman. SENATOR BERMAN: Thank you. The doctors, When they give you a prescrlptlonr there are two dlfferences between what Wefre talking about and the doctors. Number one: if you take that prescription, as it's intendedr and you get -- and you die from it, you can sue the doctor, because he gave you the wrong prescription. Number twor ' if it's a dangerous prescrlption, it's not renewable, you have to get another prescription. So those are two safeguards that don't apply here. Again, We're just making the public aware. I PRESIDIHG OFFICER: (SENATOR WATSON) I ! Senator Geo-Karis. SENATOR GEO-KARIS: It -- are you saying then, that what your bilt does is -- make I it necessary lf -- if thls bilk should intc law, that we must publish the information on every will we draft, right a: the *op of the Will, is that right? PRESIDING OFFICER: (SENATOR WATSON) Senator Berman. SENATOR BERMAN: 1 No. It's up to the lawyer. If the lawyer Wants to put this Warning then the House Bill 20 statute of limitations will apply. 88 ' ) - L- - '' .  STATE QF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18: 1995 If they don't put the warning on, it will they won't take advantage cf it, it will be two years after the testator diesp like the old law . So it's up to the lawyer. Either give them a warning or take your chances.

PRESTDING OEFICER: (SENATOR WATSON) Further discussion? Senator Geo-Karis.

I'm not glear, you say under House Bill 20. I -- I don't mean to be -- act stupid about but frankly, I'm a little bit lost. Under House Bill 20 -- Will you explain onee more for all of us to get a little clearer in minds -- under House Bill 20, where is the consumer and -- under this blll, wherg is the consumer?

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

TIm sorry, did gou lant me to explain House Bill 20, or did you have a different question?

PRESIDTNG OFFICER: (SENATOR WATSON) Senator Geo-Karis.

... tmicrophone cutoffl...point that involved witb Ehe rights of the -- proteeting the consumer. I meany ts the consumer protected under House Bill 20 fer the statute of limftations?

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

Answer -- the simply answer is No.

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

I thousht you satd there was a protection there for a two-year statute, wasn't there? 89  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18p 1995

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

Under Hogse Bill 20, the previous laW that made the statute of limitations run from the date of death of the person who drew the willr who -- who signed the will -- the testator. House Bill 20 makes the statute of llmltations run from the dake that they sign it even though they haven't died. So there's a two-year stakute from the date of execution, but no longer than six years. So if the person lives longer than six years and the will was erroneously drawn, you canft sue the lawyer for malpractice.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Parker. Oop. I'm sorry. Senator Geo-Karls.

I know of a case where a very big trust company did a trust and instead of using the term decendents, used dependents, which made a big, bigr big difference to the trust. How do you take care of those things, When the trust -- When a trust company draws a Will?

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

Under this bill, 1023, the party Would know that they cught to take that trust agreement into a -- either the same or a different lawyer, review it within five years, so Eha: khey don't walt until the person dies and then they don't have any recourse. This is an ounce of prevention, versus a -- not a pound of curey but a -- a litigatlon. This is gocd to eliminate malpractice suits, by making the consumer aware of the time limit involved . ! PRESIDING OFFICER: (SENATOR WATSON) 1 I Further discussion? Senator Parker. 90  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18r 1995

Thank you, Mr. President. just have a simple question. Will the sponsor yield for a question?

PRESIDINC OFFICER: (SENATOR WATSON) Sponsor indicates he will yieldp Senator Parker.

What was Ehe Senate bill number beforer and what was the roll call? How many people voted for or against last time?

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

It was Senate Bill 989. The vote was 51 Ayes, 3 Nays.

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

Senator Berman, under your blll: when they kake the will back -- let's -- let's assume you drew up my will, five years, goln: to take it back to you for your review. Will there be an additional charsey each time I review the bill you review the will?

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

For you, No, but for somebody elsey probably would charge.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Ir nok -- Senator Colllns.

Sor that's -- that's -- EhaE's a legitimate ansuer. NoW I understand that you're saying that youfre trying to protect the consumer, but if they have to go back and if they didn't go back to have it reviewed, and the law stipulates that -- that there's a -- a -- a statute of limitations there and they don't go 91  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 1995 back, what this bill does is also forces them in -- on one hand to go back in order to -- to to -- to avoid a malpractice suit against the person who drew the will. But yet, you've got to pay. You have to -- do you have to pay again? And that's all I wanted to know.

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman, to close.

Let me answer -- 1111 close and 1111 answer Senator Collins. You -- you -- the purpose of thls is to make the person who draws the Will aware of the time frame in Which they ought to review the will. they don't want to review that's their choice, but an awareness. It's like the -- like the caution on a cigarette, that it's dangerous to your health. If you want to smoke, you can smoke. If you want to take your will back for a review, it at least tells you. Without this bill, Without this noticer the person who signs the is going to stick in their safety deposit boxr if they live longer then six years, there 's an error in the will, they have no opportunityr they have no knowledge that they ought to review it. This is good consumer legislation. It also -- it requtres the lawyer to tell the client what the time frame so that everyone is aware of urge an Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) The queseion 1sr shall House Bill 1023 pass. Al1 those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have a11 voted who wish? Have voted Who wish? Take the record. On that question, there are voting Yesr 2 voting Noe 2 voting Present. House Bill 1023, having received the required constitutional majority, is declared passed. House Bill 1069. Senator petka. Mr. Secretary -- out of the record. House Bill 1093. Senator Woodyard. Mr. Secretaryr 92  STATE OF ILLINOIS 89TR GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 please read the bill.

House Bill 1093. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard.

Thank you, Mr. President: Members of the Senate. Most cf khis this bill, is probably -- could be said as an administration bill. It has three or four different parts in it, I don't know of any of it controversial. fn order to -- to make sure that we keep gettlng federal funding on our Wildlife nigratory bird harvest, we -- this bill Would say that people Who hunt migratory birds must register with the with the U.S. Pish and Wildlife, their Migratory Bird Harvest Information Program. And that's simply an information collectlng mechanlsm . also extends the open season for hunting wild turkey and squirrels. The Department did testify in committee on this bill on this portion of the bill that they kill be very careful not to establish any additional seasons that night reduce the pcpulation cf the wild turkeys. Then the third portion of this is the Senate amendment that was requested by the Pur Trappers Associationr whieh would allow -- which would allow the trappers to retain green skins their premises and possession for an additional ten days. don 't know of any objection to the bl11.

PRESIDING OFFICER: (SENATOR WATSON) Is there any...tmachine cutoffl...is there any discussion? Any further discussion? If noty the question is, shall House Bill 1093 pass. Those in favor, vote Aye. Opposed, vote No. The votin: is open. Have al1 voted who wish? Have al1 voted who wish? Have a11 vobed who wish? Take khe record. On that qugstionr 93  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8: 1995 there are 58 voting Yes, na voting No, no votlng Present. House Bill 1093, having received the required constitutional majority, is deelared passed. 1116. Out of the record. House Bill 1119. Senator DeAngelis. Please read th: bill, Mr. Secretary.

House Bill 1119. (Secretary reads title of bill) 3rd Reading of tbe bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngells.

Thank you, Mr. President. House Bill 1119 codifies, by law: the abillty of the Board of Higher Ed to set the percentage of waivers across the universiky systems and also permits them to reduce -- to reduce the appropriation of any university or unlversi*y system that exeeeds that amount. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Any discussion? If not, the questicn is, shall House 1119 pass. A11 those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted Who wish? Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that questionr there are 58 voting Yes, no votin: Noz no voting Present. House Bill 1119, having received the constitutional majorley, is declared passed. END 0F TAPE TAPE 3 94  STATE OF ILLINOIS 89TH GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18r 1995

PRESIDING OFFICER: (SENATOR WATSON) House Bl1l 1212. Senator Peterson. Mr. Secretary, please read the bill. Senator Peterson wishes the bill returned to 2nd Order -- 2nd Reading for the pgrposes of an amendment. Is leave granted? Hearing no objection, leave is granted. On the Order of 2nd Reading is House B111 1212. Mr. Secretary, are there any Floor amendments approved for constderation?

Amendment No. 4, offered by Senator Peterson.

PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson.

Thank you, Mr. President. Amendment 4 restores a checkoff contribution on the individual income tax return for Special Olympics. This did appear previously, and there was some problems between two Special Olympic organizations that caused one of *he problems of not having enough money checked off on the incone tax. They are back and united, and they feel that they can make the hundred thousand dollar plus and asked to be reinstated as a checkoff. ask for a favorable roll call. PRESIDING OFFICER; (SENATOR WATSON) Is there any discussion? If noty those favcrr say Aye. Opposedy Nay. The Ayes have it, and the amendment is adopted. Are there any further Floar amendments approved for consideration?

Amendmen: No. 5, offered by Senator Rarplel.

PRESIDING OFFICER: (SENATOR WATSON) Senator Farpiel.

Yeah. Thank you, Mr. President. The -- Amendnent No. 5 adds the provisions Senate Bill which Was a technical correction *he Proper*y Tax Extenston Limitation. 1* WaS a 95  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislattve Day May 18, 1995 pravision of the cap legislation that clarified that as TIF districts dissolve, the entire increment shall be treated as new property. Somehow there Was a -- just a -- an error; that the Sears TIF in Hoffman Estatps Was omitted from *he legislation, and this just just adds Ehat back in.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? notw thcse favory say Aye . Opposed, No. The Ayes have and the amendment is adopted. Are there any further Floor amendnents approved for consideration?

Amendment No. 6, offered by Senator Cronin.

PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.

Thank you very much, Mr. President, Ladies and Gentlemen of the Sênate. Senate Ploor Amendment No. 6 to House Bill 1212 provides that the provisicns -- allows municipalities -- municipalities - only those municipalities subject to the tax cap to use hotel/motel tax receipt to promote tourisn and conventions or for publtc capiEal improvements within the municipality. Under current law, these funds may only be used to promote tourism and conventions within that munlcipality and otherwise to attract nonresldent overnight visitors to the municipality. Thls gives municipalities a little flexibility to use the funds as they see fit, but not too much flexibillty . ask for your favorable consideration.

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

Thank your Mr. President. Would the sponsor of the amendment yield for a quesEion?

PRESIDING OFFICER: (SENATOR WATSON) 96  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Sponsor indicates hefll yïeld, Senator Severns.

Senatorr I've had indivtduals from my distrlct raising the concern that the tax w#s passed fcr the purpose of tourism and -- and convention bureaus to be able to expand their efforts on tourism . Now they're concerned that the base is being eroded . Specifically, their concern ls that there 'll be an increased hotel tax and an erosion of *he funds of the local convention and -- and visitors' bureaus, and place Illinois as a marketing -- marketing plan at a disadvantage. Do you have any respcnse to that?

PRESIDING OFFICER: (SENATOR WATSON) Senator Crontn.

Yeah. I've seen a copy of their flyer, and of course/ they kant to proteet and preserve any dime that they can set to promote their business at the expense of taxpayers. What I'm suggesting is ehat we give municlpalikles some flexibility. There are scme municipalities in -- in my area that collect a considerable sum of money under this hotel/mokel tax, and and they don't know what to do with it. I neany they -- they look for things to do, to spend on. It's -- it's really almost sillyr and -- and they would like some flexibility. They they understand the original intent of the hotel/motel tax and we're recognizing that this amendment; that that a porelon of ehose monies should still continue to go to the purpose of tourism. But we also don't want to completely limit the use of thcse monles. You knowy if We can improve capital projects in a partkcular municipaltty, who's to say that doesn't help tourism. I mean: if we 're going to improve a roadwayr or an access, or -- ramp to a particular, you knowy visieors' center or a sight-seeing place. mean, they just need a little flexibility, and the use of these monies will be will be used well and will help any kourls: that comes to visit that 97  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 particular area in any event.

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

Thank you, Mr. President. Senator, see the same flyerr but I'm not talking about the flyer. I'm talking about the smallz non-home rule communities that are struggling to try to increase tourism. represent Shelby County, for example, and theydve been doing everything they can to try to increase the tourism possibilities, and they are very eoncerned that this is an erosion of -- of the money that they went out to help suppart its passaqe, and now, thak somebody else wants even though the somebody else happens to be munëcipalities, and thatfs the concern that raise.

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

Thank you, Mr. President, Ladies and Gentlemen of Ehe Senate. I don't think this is fair. What we're doing here is making private industry, namely the hotels, lose noney that they that we have prevlously glven then authority to use to promote tourism , and allowing a municipaltty to use lt to take that same money and use for capital lmprovements. Nou, that capital improvement may or may not benefit that hotel. But tourism is a grea: moneymaker for tbis State. ought to be increasedr not decreased. And I think thaE thls is a -- Ehis is tapping in to private industry, private business to subsidize public projects. I think that's going Ehe wron: Way. I urge a No vote on thts anendment.

PRESIDING OFPICER: (EENATOR WATSOX) Further discussion? Senator Ralph Dunn.

98  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18r 1995 Thank -- thank you, Mr. Presiden: and Members of the Senate. I agree with the previous speaker. Thls is taking away money that we raise downstate and statewide for tourism and using for some other purpose. Southern Illinois right now has enough trouble with unemployment -- kith high unemployment because of the coal industry and al1 the other things We go through: and tourism is kind of a livelihood for southern Illinois, and this seems like an infrlngement upon that. 1, too, would urge a No vote on this amendment if understanda..lmicrophone cutoffl...right, ...dc. It takes away money from our local tourism efforts that ue make throughout the State, and particularly southern Illinois. And my district is interested in I'd urge a No vote.

PRESIDING OFFICER: (SENATOR WATSON) Furthpr dlscussion? Senator Jacobs.

Thank your Mr. Presidentr Ladies and Gentlemen of the Senate. We '11 keep our remarks brief, but too, stand in strcng opposition to this amendment. And I would just remind this Body that the second-largest industry in Illtnois - the second-largest industry in Illinois - is tourism, and I don't think we should be messing with the second-largest industry in Illinois, and ask for a No vote.

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

Thank -- thank you, Mr. President. Well, guess stand beside those of you who oppose thts. don't know whether any of the rest of you are getting phone ealls from your local tourism bureaus, but sure am. And can tell you, Ehey are very vehemently opposed to this amendment.

PRESIDING OFFICER: (SENATOR WATSON) Further dlscussion? SenaEor Fawell. 99  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18y 1995

Thank you very nuch. represented the particular munictpality that Senator Cronin is talking about. no lcnger represent them, but I know exactly what their problem isr and what he is stating is -- is true. They used Eo throw one big wingding once a year. I don't know if you've been invited, Senator Cronin, but was always invited. Around Christmastime: we had several nationwide celebrities come and sing to usr and dance, and -- and it was quite a party. What this mayor is actually asking to do is just take a very snall percentage of that tourism fund and use iE in a more loglcal way that would really help his village. And I know there ls another amendment coming up, which Would limtt this to just fivê pereent of the tourism. May I remind those of you who are interested in the circulator, and as Transportation Chairman, I've been getting a 1oE of information, and frankly, a lot of -- of peopte coming to the door of my office, telling me What a great idea the circulator is and howy indeedr they have been collecting money from the -- the hotels and motels, and a1l we have to do is come up with some fabulous sum here from the State and they can have their circulator. Well, perhaps, this might be a way that might help that circulator. Pive percent of the -- of the money from tourism in Chicagc would -- would help push that thing along a little bit. Might be able to even do it by yourselves. The circulator is - I've been tcld by everybody that's come down qreat idea for tourism. It'll get those tourlsts a11 araund the City of Chicago. Just Ehink, lf you pass this bill, there you are Chicagor youdre a11 sgt.

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

Thank -- thank you, Mr. President. I have a conflict on this and will not be voting. l00  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995

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

Thank you very much, Mr. President. Ladies and Gentlemen: when we think of a tax like this and it's used for tourism , I'm sure We can -- We can imagine something that to advertkse for. I had looked at this some time ago, and several mayors pcinted out to me that -- that a -- a motel or hotel uould come to their town and, really, they don't have any opportunlty for tourism. One of them said, ''I might invite them to look at our water tower, or our sEopllghE in town.l' But other than that it's ridiculous to thlnk of this in terms of promoting tourism. Also keep in mind that ofeen in these smaller towns when a motel or a hotel locates there, there is a tremendous expense in infrastructure that takes quite a while to recapture. And al1 this daes is speed up that recovery time and allow them to use the funds to -- to pay for the infrastrueture, and then later ony if they find something to promote, another stopllght or a neW Water tower or somethlng like thaty they will have the funds. So I would -- I think it's a good idea, and I'm going to vote for it.

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

Thank you, Mr. President. Would only palnt out to the Members that this is What we 're goin: to be involved with in the next week if we don't hew to cur policy of -- of not reintroducing amendments which have already failed in this process. This amenament was par: of an overall packacg that uag part of a non-home rule, Munlcipal Leaque package that was well-nesotiated, I think by the previous speaker who eame ouE with a bill that We voted in, bu* because of the overWhelming oppositlon to this provîsion it wasn't in that final paekage. And, you know, wefre l01  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 1995 going to see a lot of thinqs coming back from the House and elsewbere, but we have a lot of other inportant business to do: and if we keep bringing these things back that have already been defeatedr it's really going to bog this process down.

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

Thank your Mr. President. rise opposition to this amendment. We talk about tourism beinq a very important component of economic development in the State. We are growing more al1 the time. It's -- it is playtng an important part. We 're trying to diversify our economy. In many areas where we've lost jobs, this has been one way of diversifying and to help, and the monies that we have received have gone for a -- a good cause. A fact is We just don't receive enough money right now to do the job that's needed in marketing and promoting tourism , and this would take away even morer so I strongly oppose this anendment. PRESIDING OFFICER) (SENATOR WATSON) Further discussion? Senator Bowles. SENATOR BOWLESI Thank you, Mr. President. rise, also, in oppositlon to this amendment. The area that I server the 56th Districtr is trying to encourage tourism to the highest extent. We have some historical areas in *he -- in the district that we are attempting tc developr and have been very, very heavily lobbied by the entities that have an interest in developing that kourism, and I would recommgnd a negative vote on this amendment.

PRESIDING OPFTCER: (SENATOR WATSON) Any further discussion? Seeing nau:htr Senator Cronin, to close.

I -- I sense there 's a llttle opposition to this amendment, so l02  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day ëaY 1995 I'd like to take it out of the record . I -- I should have done it earlier. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Yes. Thank you. Do you wish to table oç withdraw

Whatever your recommendation is to put it to rest.

PRESIDING OFFICER: (SENATOR WATSON) We 'll table that. Motion to table by Senator Cronin. Al1 those favor, say Aye. Is there any opposltion? Your motion is adopted to table the amendment. Any further Floor amendments, Mr. Secretary?

Amendnent No. offered by Senator Parker.

PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.

Thank you, Mr. President. This simply creates a checkoff form for mental health research. This is a neW -- neW checkoff that would be on the form . It has not been tried before. I would remind you that this was a Senate bill. It passed out of here with no opposition. It has gotten held up in the House Rules Committee. And sor Mr. Peterson -- Senator Peterson has been kind enough to offer for me to put on this bill.

PRESIDING OPFICER: (6ENATOR WATSON) Ts there any discussion? Seein: naught, a1l those in favor, say Aye. Opposed, Nay. The Ayes have 1t, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Amendment No. 8, offered by Senator Carroll.

PRESIDING OPFICER: (SENATOR WATSON) Senator Carroll. l03  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day ha# 1995

Thank you thank you: Mr. President and Ladies and Gentlemen of the Senate. Amendment No. 8 would add to the tax checkoff system childrenfs cancer research, sc that Will allow people to check off on their kax return the ability to fund research into causes, prevention and treatment of cancer in children, and I would answer any questions. Ask for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing naught, a1l those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Flocr amendments approved for consideration?

Amendment No. offered by Senators Jones and Smith .

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones.

Thank you, Mr. President. Amendment No . creates the drug abuse prevention ineome tax checkoffr and also creates the Drug Abuse Prevention in Illinois Fund. And What it does: the contributions to *he Pund would be appropriated to the Department of Alcohol and Substance Abuse. This is a -- a creative idea that came out from Father Clements on the One Church/one Addict, and it allows those persons who are community-based those organizations that are community-based to deal with drug prevention in Illinois: and I know of no opposition and ask for a favorable vo*e.

PRESTDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing naught, the -- all those in favor, say Aye. Opposedp Nay. The Ayes have and the amendment is adopted. Any further Floor amendmenks approved for consideration?

104  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 Amendment No. l0, offered by Senator Peterson.

PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson.

Thank you, Mr. President. Amendment 10 would llmit the amount of hotel/motel tax receipts to be used for capital purposes to five percent of such receipts.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? The motion is -- a1l those favor, say Aye. Opposed, Nay. Senator Dunn. Ralph Dunn, for What purpose do you rise?

Are we not just revisiting the Ehat We tabled a while ago? I would urge a No vote on this. Or... PRESTDING OFFICERZ (SENATOR WATSON) Well, let's...

.. .maybe -- maybe withdraw

PRESIDING OFFICER: (SENATOR WATSON) No.

Be a nice death -- burlal for

PRESIDING OFFICER: (SENATOR WATSON) Let's have a response from the sponsor. Senator Peterson.

Mr. President, point of lnqulry. Ehoughk that Amendment 6 had been adopted. Was tabled?

PRESIDING OFFICER: (SENATOR WATSON) Yes, sir.

Then I Withdraw the amendment.

PRESIDING OFFICER: (SENATOR WATSON)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 1995 Anendment No. 10 -- motion is to Withdraw Amendment No. l0. All those in favor, say Aye. Opposed, Nay. The motion carries and the amendment is withdrawn. Are there any further Floor amendments approved for consideration?

Amendment No. 11, offered by Senator Klemm .

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm.

Thank you: Mr. President and Members of the Senate. Amendment No . 11 converts the High Impact Business buildin: materlals tax credit to be a tax exemption. This will make that provisionr then, consistent with the Enterprise Zone Act, whieh is also an exemption. The amendment is revenue-neutral. I want to thank the Department of Revenue and the Covernor's Office for working this out. What happens is that, if you don't have thisr you have to submit a1l little tax recelpes from every subcontractor under the Building Materials Acty Which is almost imposslble. And this would, ak least: simpllfy it and standardize our provisions to make ik consistent with current law, and I ask for your support.

PRESIDING OFFTCER: (SENATOR WATSON) Is ehere any diseussion? All those in favor, say Aye . Opposedz Nay. The Ayes have its and the amendment is adopted . Are there any further Floor amendments approved for consideration?

No furkher amendments reported' Mr. President.

PRESTDING OFFICER: (SENATOR WATSON) Reading -- 3rd Readlng. House Bill 1246. Senator Karpiel. Out of the record. House Bill 1248. Senator Hawkinson. Ou* of khê rgcord. House Bill 1268. Senator HaWkinson. Out of the reeord. House Btll 1363. Senator Garcia . Mr. Secretary, please read Ebe bill. 106  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 8aY 1995

House Bill 1363. (Secretary reads tttle of bill) 3rd Readln: of the blll.

PRESIDINC OFFICER: (SENATOR WATSON) Senator Garcia .

Thank you, Mr. President. House Bill 1363, as amended, essentially does three things. It requlres Department of Public Aid, by ruler to establish policies and procedures under which loeal units of government that do not receive State funds for general assistance purposes may refer indlviduals for participation in Earnfare Programs operated *he same unit of local government that receives State funds for general assistance purposes, without displacin: other reclpients, provided Earnfare slots are available. Per Amendment No. 2, it allows *he Departmen: of Publlc Aid to try to deal With individualsy particularly, AFDC recipients who have not obtained a high school or equivalency certificate, and who are at least nineteen, but not more than twenty-five years of age, to negotiate a written family self-sufficiency contract with the DPA as part of the welfare reform initiatives. And per Amendment No. 3: which was approved yesterday on the Floor: it establishes a two-year demonstration project Cook County and downstate to permit AFDC recipients to maintain self-sufficiency and self-development accountsr which shall not exceed five thousand dollars.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If notr the question isy shall House Bill 1363 pass. All those in favor, vote Aye. Opposedw vote No . The votlng is open. Have a1l voted Who wish? Have al1 voted who wish? Have a1l voted Who Wish? Take the record. On that question, there are 58 voting Yes, voting l07  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8: 1995 No. House Bill 1363, having received the required constituEional majorlty, ts declared passed. House Bill 1459. Senator O'Malley. Senator O'Malley. Mr. Secretary, please read the bill.

House Bill 1459. (Secretary reads title of bill) 3rd Readlng of the bill.

PRESIDING OEFICER: (SENATOR WATSON) Senator O'Ma11ey.

Thank your Mr. President and Members of the Senaee. Housg Bill 1459 amends the School -- School Code. It defines residency for public school students. Allows school distrlcts to conduct hearings to determine residency. Also provides that any student found to be a nonresident may be charged tuition by the school board. Provides that any person who knowingly enrolls, or attempts to enroll, a student who is not a resldent on a tuition-free basis shall be gullty of a Class C misdemeanor. There was a ccmmittee amendment that removed opposition to the blll, and which makes the following changes: One, it removes the restriction that the residence of the person who has legal custody is the residence of the pupil; it substitutes parent, guardianr legal cusEodian or other adult caretaker language for the person with actual legal custody of the pupll; clarifies thak the burden of going forward with evidence of residency is on the parent, guardian, custodian or other adult caretaker; and clarifies that if the student is found to be a nonresidentr the board must deny attendance at the school unless the tuition is paid. Again, the amendment Was offered to address the concerns of the Legal services Support Center, and I'd be happy to answer any question there nay be.

PRESIDING OFFICER: (SENATOR WATSON) 108  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18# 1995 Is there any discussion? Senator Trotter.

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

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he will yield, Senatar Trotter.

Senator O 'Malley, this -- oh, sorry. Did you say -- we heard this bill before. Ccrrect?

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

You -- as a matter of history on this bill, this bill Nas eonsidered before -- substantially a similar bill, Senate Bf11 8l4 sponsored by Senator DeAngelis, and during the 88th General Assembly I aetually had a bill that addressed thê same issue that was never call for a vote in the House.

PRESIDING OFPICER: (SENATOR %ATSON) Further discussion? SenaEor Trotter.

Yes. This is the bill that makes criminals out of the parents whcse children attend schools in the suburbs, or schools out of their district. No?

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

Senator Trotter, no it doesn't do that. What does is, says that if you knowingly provide false lnformaticn in order to admit a -- admit a child a school Where they are not a residenE, that you could be guilty of a Class C misdemeanor.

PRESIDING OFFICER: (SENATQR WATSON) Senator Trotter.

109  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 Is -- is that a criminal offenser or...

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

Is -- is is it a -- is a misdemeanor a crime? Yes: it is.

PRESIDING OFFICER: (SENATOR WATSON) Senator Trokter.

So the answer is, this is a criminal offense, and we are making the parents into criminals who are sending their children to school. So that the answer is yes, that this does make a criminal offense. Even so, that -- just to the bill: We've heard this bill before. It was a bad bill in the 88th General Session. It was a bad bill the last time tt came up when we tried to send over to the -- to the Eouse. The deal isr this is a bill that - - has a double whammy for parents who are trying Eo educate their kids. One, says that they have to pay the tultion that is there, and also pay more a percenkage of the interegt is on that tuition, as well. And then secondly, it makes them into criminals. think this is a very punikive bill just for -- for people who are trying to educate thelr children and get the best education they can for their children, and we certainly shouldn't be making their -- their parents, who is just trying to do what you do for your children, inta looktn: like crooks. I mean, again, it's -- it's not -- I don't khink this General Assembly's idea to make them be looked at in that posture by their ehildren. And it's a bad bill and we should vote it down.

PRESIDING OFFICER: (SENATOR WATSON) Purther discusslon? Senator Molaro. SENATOR MOLARO) Yes. be brief. This apparently is being -- apparently  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18, 1995 We're here and I guess our bill uas bogged down over Rules Comnittee. If the Senator would yield. Is that where Senate bill wound up? In Rules Committee of the House?

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

Senator Molaro, -- I understand that it is in the Rules Committee, still. That's based on the latest information we have.

PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro.

I I don't know if they're getting Wiser over there, or ir they're just -- what the problem is. Anyway we debated this bill before. I'm not going to keep debatlng it. It's one of those things where ve have -- we have a parent looks at *he school district he's in; schools going doun hill, trying to get in somewhere else, and the parent will sayr ''Okay. Uncle John lives here. Let's use Uncle John's address.'' Theyfre staying up at night worried about their child. Sure it shouldn't be done. we find out, I guess we have tc send the kld back, but to actually say in addition to that, We're going tc charge them with a Class C mlsdemeanor, whlch ls punishable by thirty days in jail. I don't think that's Ehe message we want Eo send . Thank you.

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

Question of the sponsor: please.

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicateg he Uill yield, fenator Collins.

Senator, what happens when parent have a dlvorce and Ehey fre -- they have joint custody of the kids, but the kid -- right noW 1ll I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 I I we have judges -- and -- and it should not be done that wayr but . I we'11 say that a kid can live with one parent one Weekr another I parent the next Neek. On parent live in one school distrlctr and the other ane live in another district. What happens under this bill, and where does those children legitimately belong when it comes to the school district? And would they -- would the parent, in this case, be penalized and Which one would be? PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley , SENATOR O IMALLEY: First of all, 1et me say directly from the bill, Within ten days after receipt of the notice the parent, guardianr legal custodian or other adult caretaker of the pupil, that language is in the bill: which says the it's one of those four. The other thing I wculd offer to you is that in the proceedings where joint custody is established, that is something *hat can be addressed right in the -- in the -- ln the order granting joint custody. That's up -- that would be up to the parties to -- to provide for that. PRESIDING OFFICER: (SENATOR WATSON) senator Collins. SENATOR COLLINS: Senator, I understand that. I'm not talking about the provlsions of joint custody. I'm talking about the fact that a situation where in my -- in my case I know for a fact that there's a divorced couple, one live kn the Village of Oak Park and the other one live ia Chicago and the kids have domiciled with the -- With the father in Chicago, but actually spends more in joint custody time with the mother in the Village of Oak Park. So the question is, because the children are domiciled is Oak Park and they spend more -- I mean, theyfre domiciled in Chleago, but they spend more tlme wlth the parent in Oa: Park - if they wanted to go I I l12  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 to 0ak Park School, would they be in violation of the lau? That's what I'm asking you. Does this bill cover in that case? PRESIDING OFFICER: (SENATOR WATSON) @enator -- Senator O'Malley. SENATOR O 'MALLEY: Thank you, Senator Collins for that -- that question, because I think it's probably gocd for everybcdy to think about thase peeuliar circumstances where somebody could be affected by this. What's provided for in the legislation is an opportunity for a hearing, and many of the -- the considerations that you just raised would be considered by the schocl bcard at that time to -- to make a determination whether or not that -- that -- Ehe chlld could be considered a resident for those purpcses. PRESIDING OFFICER: (SENATOR WATSON) Ts there any further discussion? Seeing naught, Senator O 'Malley, to close. SENATOR O'MALLEY: Well, I won't belabor this, because We 've had a 1ot of discussion this afternoon, not only about thls billy but many of Senator Cronln's bills. But I would tell you that some of the opposition that I hear on the other side of the aisle, r was wondertng, where were you guys when we were talking aboue choice bills earlier this year? you -- apparently your idea of choice is you can elect to go to any schocl that you want to go to in the State, and you can do it lllegally and not pay tuition or whateverr as long as you make tha: decislon. A1l Ehis bill says is Eha: kf you want Eo attend a school, that you -- you better be a resident cf that school: because that's the fair and right thing we should be dolng for the property tax payers in that distriet. I Would ask for an affirmative roll call. I'd appreciate your supporte and I -- I'm someeimes -- sometimes hesitant about saying this, but before this bill had the amendment that was put on it 1l3  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 that -- khat eliminated, think, some legttimaEe concerns about the bill, before that was done, and the House considered l06 votes over there Were favor of it, think this is a good bill. Itfs appropriate. We have this is the third time we have looked at this issue. It's about time ge addressed it. At least the suburban areas that I represent, this is a major concern. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Question isy shall House Bill 1459 pass. A1l those in favor, vote Aye. Opposedr vote No. Voting is open. Have all voted who wish? Have a1l voted who wlsh? Have al1 voted who wish? Take the record. On that question, there are 37 voting Xes, nc -- 17 voting No, no voting Present. House Bill 1459: having received the required constitutional majority is declared passed. Senator Demuzio, for what purpose do you rise?

Thank your Mr. President. We'd like to request a Democratic Caucus immedtately.

PRESIDING OFFICER: (SENATOR WATSON) That request is ln order. Senatorz how long would you llke?

May 31st -- half hour would be enough. Half hour.

PRESIDING OFFICER: (SENATOR WATSON) We N1ll reconvene at p.m . Senator DeAngelis, for what purpose do you rise? SENATOR DeANGELIS) Point of personal privileger Mr. President.

PRESIDING OFPICER: (SENATOR WATSON) Please state your point. SENATOR DeANGELIS: In the qallery behind us are the students frcm the Independence School in my district. Would they please stand and 114  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 I 1 be recognlzed - wlth their instructors.

PRESIDING OFFICER: (SENATOR WATSON) Welcome to Springfield. Senator Donahue, for what purpcse do ycu rise?

Well, thank you, Mr. President. 1, too, Would like to request a Republican Caucus in James 'fpate'' Philip's office immediately.

PRESIDING OFFICER: (SENATOR WATSON) Is thirty minutes sufficient, Senator? Thirty minutes sufftcient for the Republican Caucus? We will reconvene at 3 p.m. We stand in recess. (SENATE STANDS IN RECESS) (SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR WATSON) The Senate will reconvene. Messages from the House.

Message from the House by Mr. McLennandy Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred With the Senate in the passage of a bill of the following titler to wit: Senate Bill 50r toqether with the following amendnents Which are attached, in the adoption of wbich I am instruc*ed to ask the concurrence of the Senate, to wit: House Amendnents 1, 4, 7 and 8. We have like Messages on Senate Bill 86r with House Amendment 1: Senate Bill 114, With House Amendmênt 1) GenaEe BLII 158, with House Amendment 17 Senate Bill 165, With House Amendments -- or, 115  STATZ OP ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 with House Amendment 4; Senate Bi11 327, With House Amendment 1) i and Senate Bill 1142, with House Amendment 1. I I A1l passed the House, as amended, May 18th, 1995. I I PRESIDING OFFICER: (SENATOR WATSON) . Like to urge al1 Members to return to the Floor. We are on 3rd Readingr House Bills, on page 9. House Bill 1462. Senator êarker. 0ut of the record. House Bill 1470. Seaator Cronin. Out of the record. House B11l 1498. Senator Geo-Karis. Mr. Secretary, please read the bill. SECRETARY HARRX; House B(l1 1498 . (Gecretary reads title of bl11) 3rd Reading of the btll .

PRESIDING OFFICER: (SENATOR WATSON) Senator Geo-itaris.

Mr. Chairman -- I mean# Mr. President and Ladies and Gentlemen of the Senate . This is a bill that cleans up some ethics problems that we have and it's -- prohibits Members of the General Assembly from acceptlng honorarlumsr and it provides -- extends the campaign contributlons and expenditures disclosure reporting requirements to any person who seeks election as a Ward or township committeeman in Cook County. Under current lawr ward and township committeemen in Cook County and precinct committeemen in the rest of Ehe State are exempt of disclosure requirements of the Election Code , and the -- we cleaned up *he per diem requirements by stipulating that no altowance on the -- we tightened it up. As You remember we said no per diem after the end of May: and we -- 1 I and we reinstated the General Assembly scholarships in this bill. 1 I And we also extended the Municipal Code's Purchasing Act I I provisions, for citles of five hundred Ehousand or more people, to ; purchase orders and contracts fOr airports, as Well as any other l i 1l6 . ( '  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day May 18: 1995 municipality of over five hundred thousand. And ve also stipulaked -- we have an -- khe -- created the Local Government Offlcer Compensation Act, which requires that compensation of elected officers of schqol districts and units of local government, lncludlng home rule units, should be fixed at least a hundred and eighty days before the beginning of the officials' terms, and after that time no new eompensatlcn may be set for the upcoming terms. So I ask for a favorable vote. If you have any questions, here I am.

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

I have a question of the sponsor.

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

According to my analysisr Senator Geo-Karis, requires that persons submitting a bid in excess of ten Ehousand dollars for any contract at O'Hare Airport to disclose the name of each individual having more than a seven-and-a-half percent interest in the business or if unincorporated the name -- of if incorporated, the names of its officers and directors. Is that provision still in this bill?

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

Yes; siry is.

PRESIDING OFFICER: (SENATOR WAT;ON) Senator Bernan.

Thank you.

PRESIDING OFFICER: (SENATOR WATSON)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 1995 Senator Berman. SENATOR BERMAN; senator, does this apply also in this bill to the Dupage County Airport?

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

Nor don't believe does, buE tha*.w.tmicrophone cutoffl...under investlgation right nou, as you know, by the federal government.

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

Does it apply to the -- to any other airpork tn the entire State of Illinois?

PRESIDING OFFICER: (SENATOR WATSON) Senator Gec-Karis.

Yes. To Meigs and Midway.

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

I'm sorry . didn't hear the answer.

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

To Meigs and Midway.

PRESIDING OFFICER: (GENATOR WATSON) Senator Berman.

So 1e* me understand# that under this bill, any bid in excess of ten thousand dollars on a contract dealing with Meigs Airport 118  STATE OF ILLINOIS 89TH GENERAL ASSEMBLZ REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18r 1995 in Chicago, Midway Airport in Chlcagcr and O'Hare Airport in Chicago there has to be thls disclosure of ownership and officers and directors. Is that correct?

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

Yes, because the law already saysy for instance, for cities of over five hundred thousand or more that they have this restriction -- this -- thls -- they have this statement in it.

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

Could you explain to me why this is included in this bill?

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

I think it's for better governmentr because these airports do have a 1ot of contraets. An awful lot of contractsr and it is taxpayer's money, and I think it's only right that since they have monies of more than ten thousand dollars to expend, think we should know something about them.

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

Would you be amenable for -- to an amendment? Hold the bill and allow an amendment for every munlclpal airporE throughout the State to have the same requirement. Would you hold the bill for that amendment?

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

Well, Senator Bermang as you know, this amendmenk is going  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 goes the bill, as amended, wtll have to :o back to the House, and if the House Wishes to do something abcut that I have nc objection.

PRESIDING OPFICER: (SENATOR WATSON) Further dlscussian? Senator 3erman.

Well, the problem, Senator Geo-Karis, is that this bill, with this amendmentr tt's now 3rd Reading, passes out with the status that it has, a11 that the House can do is either accept of reject the amendment. They're not golng to put another amendment on the bl11. So the only opportunity that We wculd have to be fair, in the name of good government, for every airport in the State of Illinois, wculd be to hold this bill, allow us to introduce the anendment, put the amendment back on and then send to the House for their approval. So let me just renew my request that you would take thls out so that we can put an all-alrport amendment on the bill.

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

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

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she will yleld.

Senator Geo-Karls, a Democratic ward committeeman of my 22nd Ward in Chicago , and I note that one of Ehe provisions of the bill is for ward and township conmitteemen to report What they have in their respective funds. Can yau share With ne When the ecfective date Would commence on these and how ofken that requirement would have to be upheld?

PRESIDING OFFICER: (SEHATOR WATSON) senator Geo-Earis. 120  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995

Blll Would be effective immedtately upon signature by the Governor if he approves the bill. And lf the amendment's accepted by the Hogse afeer the -- accept by the House. However, you w1l1 be subject to the sane provisions that's already ln the Election Code/ Which bgligve is if you have more than a thausand dollars that you collect, or something, you'd have to make a report.

PRESIDING OFFICER: (SENATOR WATSON) Further -- further discussioa? Senator Garcia.

Senator, on -- changing gears slightly, with respect to honoraria does this apply to type of an honorarium thae one would get or simply fram not-for-profits or anyone?

PRESIDING OFPICER: (SENATOR WATSON) Senator Geo-Karis. SENATOR GEO-KARISI It applies to any, but there ts an exception. The exemptions are any charitable contributions made on or behalf of a member, an agents fee or commission, and and the report of campaign contrlbutions are exempeed.

PRESIDING OFPICER: (SENATOR WATSON) Further discussion? SenaEor Garcta .

Are there any provisions in the bill, Senator Geo-Karis, that would affect local sehool council members?

PRESIDING OFFICER: (SENATOR WATSON) S/nator Ceo-Raris.

I don 't think so.

PRESIDING OFFICER: (SENATOR WATSON) Senator...

STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8y 1995 Because the -- the don't think so.

PRESIDING OFFICER: (SENATOR WATSON) Senator Garcia.

One last question. Regarding the per diems that no per diems can be colleeted afeer June 1st - what about thcse Members of the General Assembly who are Members of the Working class or the lower mlddle class, like myself, who have to be here beyond June 1st, no fault of our own, would we also be precluded from collecEing any per diems?

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

you have to come here after the Sêssion is over, do some work on behalf of you district, you would be gntitled to per diem for that day. But -- and if you have to come here if on a special session you have to be entitled to a per diem that day.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Viverito. SENATOR VIVERITOt Yes. Would the sponsor yield to a question?

PRESIDING OFFICER: (SENATOR WATSON) She indicates she'll yield, Senakor Vtverito .

I've been a Democratic committeeman in Stickney Township for tweaty-five years, and we have a monthly meeting for the past Ewenty-flve years, except during the summer, where we discuss a11 of our particular funding and how kt's funded and the moneys that we've raised. This ls another responsibility now, that we have to file with tbe State Board of Elections. You know, we're -- we 're getttng so bogged down, almost have to hire a CPA to fiqure ou* wha: I'm supposed to do. And as a Democratic Committeeman I know l22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day ëa# 1995 my role, and I know my responsibtlity. Why are you dotng this?

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

Senator Viverito, rlght now as -- as a Senator, ycu have to disclose your contributions over a thousand dollars. You would only have to do the same thing as a ward committeeman. Wedre not asking you not to have your meetings or anything like that. just -- same disclosure you would have to make as you do now as a State Senator.

PRESIDING OFFICER: (SENATOR WATSON) Senator Viverito.

Do the in Dupaîe and other particular counties, do they also have to have a sane type of disclosure that you're asking us for in the city as well as Cook County?

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

We don't have ward committeemen and township committeemen as you have in Dupage and Lake. We don't have ward comnitteemen.

PRESIDING OFFICER: (SENATOR WATSON) Senator Viverito .

Thank you. Don't you have some type of a similar role and responsibility to lead the township? Maybe lE's called something different. Chairman. Does the chairman disclose his particular funds?

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

If the chairman first of ally the chairman in our county  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18# 1995 doesn't have any particular funds that I know of, and I know in Lake County our precinct committeemen are elected, as you know . And the chairman -- the township chairman is elected by the township precinct committeemen. So I ean assure you, I've been a township chairman and I had no funds. Whatever I had, I gave of my own to help my committeeman.

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

... tmicrophone cutoffl...questicn, and that is, why not blanket us al1 in and make it statewide where the disclosure ls for everyone partlcipating in anything that's politicalr and I think that would be a good way to do it. Thank you very much .

PRESIDING OEFICER: (SENATOR WATSON) Further discussion? Senator Fitzgerald.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I want to compliment Senator Geo-Karis. This is an excellent bill. And in response to Senator Viveritor township chairmen who are the equivalent in the downstate and collar counties of the Cook County Tcwnship committeemen do have to file wlth the State Board of Elections. Right now, in al1 hundred and two counties in *he Skate, as I understand i*e those township chalrmen have to file. In Cook Countyr township chairmen are called committeemen and they do not have to file, and so this is a -- a glitch in the law which exempts what our -- what most of you know as township chairmen from the filing requirements, and simply we're extending to Cook Couney what is the 1aw in a hundred and Ewo other counties in this State. Finally, also in this bill is legislation which i will end what we discussed a couple of weeks ago in this Chamber, and that is the practice of postelection, midnight pay raises that ' have been voted in several municipalities in this State and in -- 124 è .. -  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 in at least one home rule county in this State in recent months. There is much discussion in this Chamber. Some people said that they could not vote for the bill that we previously had, and Governor Edîar vetoed the bill we previously had, because they saW it was retroactive and they thought that that was unfair and was intended to single out the pay raises in Chicago. Many of you indicated that you would support the legislation Were brought back and nade prospective only. Senator Geo-Karis' bill ends the practices of postelection, midnight pay raises, and it does so only prospectively. Thts is good governmentr and I hope a11 of you will vote in favor of Senator Geo-Karis' bill.

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

Thank your Mr. President. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates shelll yield, Senator Shaw.

Senator Geo-Karis: the -- you might not have what they call as ward committeemen in counties outslde of Cook, but you do have What's called an elected position known as preeinct committeemen. Does this apply to the precinct committeemen?

PRESIDING OPFICER: (SENATOR WATSON) Senator Geo-Karis.

This bill does not apply to precinck commihteemen. happen to be a precinct conmitteeman, myself. It does not apply to precinct committeemen.

PRESIDING OFFICER: (SENATOR %ATSON) Senator Shau.

Why would this apply -- are you elected by the people? 125  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995

PRESIDING OFPICER: (SENATOR WATSON) Senator Geo-Karis.

I'm elected by my precinct.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

By the people in my precinct. Yes, sir. And I -- I have to file a statement and everything else with the county clerk.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

But -- but not as a precinct committeeman?

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

I'm sorry. What was ycur questlon?

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw .

But not as Ehe precinct committeeman. You don't have to file a ethics statement as a precinct commltteeman do you? You file that as Senator and whatever otber position you have.

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

That's right: but I also have to file a statement of -- of office, as a precinct committeeman.

PRESIDING OFPICER: (SENATOR WATSON) Senator Shaw.

A11 right. The county chairman that you electedr Democrat 126  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day May 18, 1995 Republican preclnct captains meet and elect as your county chatrman, are they ineluded in this bill onee you have elected those people as -- as the county chairman. Are they exempt under this bill? Or are they or does thls bill cover them?

PRESIDING OFPICER: (SENATOR WATSON) Senator Ceo-Karis.

kncw that our township chairman, if theg raise any mcney, have to file, and if the county chairman gets any money passed a thousand dollars Would be my feeling that he would have to filey too.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

In the -- in this legislation do you specifically, and f don 't see here, do you specifically name the hundred and one counties outside of Cook, and specifically talk abcut the eounty chairmen? Why are we exenpeing the county chairmen in other counties if We if we're interested in good government?

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

We're not dealing with Khat at all, because we 're dealing with Cook County, because that's the largest one. We don't have that same problem with the others.

PRESIDING OFPICER: (SENATOR WATSON) Senator Shaw.

Well, to the billr don't know what problem Ehat you have in Cook CounEy that the that the that you wouldn't have in these other counties, but if you lre knterested in good governmenty and if you and I believe your intentàon is to brin: about  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18, 1995 good government. But if you dre inkerested ln good governmentr Ehere as it applies to Ward committeemens in Chicago and Cook County, you should have good government in the hundred and one other counties as it relate to the county chairmen. Could We have some order here: Mr. -- Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Excellent suggestion, Senator Shaw. Let's give the gentleman some attention. Thank you.

It's -- it's no* good government when you sLngke out one section of the State and talk about gocd government, Whlch is Cook County. We want the ward committeemens in Cook County to file ethics statements and all of that, and we have a hundred and two county chairmens who is elected by the precinct committeemens all across this State, both Democrat and Republiean, and you don't inckude them in this bill. That is not good qovernment. you really want to be serious and bring about good government, I think that those pecple should be included and certainly I would support a bill like that. And there is a number of things in this bill that I would support if you included everybodyy but I think the bill is discriminatory in terms of the singling out Cook Ccunty as it relates to filin: a ethics statement and you want to exempt people outside of Cook County and let them run at will. And I thlnk that's unfair to the people of this State. And T dcn 't believe that you can go and sell this to the other people of this State that you -- ycu al1 are trying to pass good government legislation when you're not including everybody. If I -- if the county chairman in Will County up there could elect <sic> a hundred and flfty million dollars, wouldn't have to report it. And I knoW the county -- varëous counEy chairmens around this State have fund raisers. But they are not included in this bill. That is unfalr, and I think you mkght want to rework this bill and l28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8r 1995 put everybody in it where that pecple can vote for

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

Thank you very -- thank you very -- thank you. Tbank you. Thank ycu very much , Mr. President. Senator Geo-Karis, think there's one part of this bill that's kind of insultkng, and that is the question about whether or not we should not coklect per diem after May 31st, because it implies that We dre dcwn here because of the eighty-one dollars, or at the same time it implies that we would give up the principles that we're arguing about the budget simply because we have to pay eighty-one dollars a day. And thlnk in a sense what thls is an attempt to kind cf pander those who write that we stay down here for weeks at a time simply to collect eighty-one dollars a day. Well, I dcn't like to be down here, and eighty-one dollars is hardly a -- a good payment, or an exchange for being away from my home and family. My I just feel that what We're asked being asked to do is to stay here, take the eighty-one dollars out of our own pocket simply because we're here because We like to be here, or we like to argue over the budget, and we can't come to some conclusion. know it's in the bill, but really think it's, not only insulttng, but it panders to *he wrong to the wrong people.

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

Thank you, Mr. president, Ladies and Gentlemen oc the Senate. Would the sponsor yield: please?

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

Senator Geo-Karis, in the issue of the honorarium does that l29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT %2nd LegLslatkve Day May 18w 1995 include expenses also? If you were to recekve expenses to go to Washington, D.C., to make a speech on certain issues. Does that include expenses also?

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

You would be entitled to get actual necessary travel expenses.

PRESIDING OFFICER: (SENKTOR WATSON) Senator Jacobs.

And -- for you and one relative.

PRESIDING OFFICER: (SENATOR WATSON) Senatar Jacobs.

Thank you. At least that clears that up. Now, as far as the per diem after May 31st, if we come dcwn after May 31st for Sesslon do we receive travel expenses?

PRESIDING OPFICER: (SENATOR WATSON) Senator Geo-Karis.

Yes, you would , because that Would be a normal. It -- if it'd be a special session, for example, you would have to come here for the special sesslon. You would be entitled to your normal per diem and ycur travel expenses.

PRESIDING OPFICER: (SENATOR WATSON) Senator Jacobs.

The reason I ralse that quegtion, We are being sen: hcme this weekend, whlch I'm very glad to be golng home. The State will pay me more for going home than it will for staying, and if push comes to shove' and if desire to, then, for any session after May 31st, 1'11 just drive down in the morning and 1'11 drive home aE 130  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18r 1995 night, and get ninety-nine dollars instead of eighty-one. You know, that -- that seems to make a of sense to me, but just think that we're going in the wrong direction. think we're pandering to the media and think it's one we ought to quit doing and I ask for a No vote.

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

Thank you very muchr Mr. President. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WATSON) Sponsor will yield, Senator Hendon.

Senator, I wanted to make clear that I have no problem Wlth shining the light on O 'Hare and those contracts. Would really vote for that easily was not in this bill, but my question is on the scholarships. Are taking away the leglslative scholarships still in this bill?

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

No. put them back in. Support my bill now.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon.

Okay. The scholarships are back Well, that's good news. My only other concern was that of the ward committeemen funds. As you know, I am a ward committeeman, and you do not get paid to be a ward committeeman. don't get any salary at all, and like you say, most of the tines put money in myself. just didn't -- I had a problem with us having to report and -- and go under the same requirements as -- as candidates, because often, you know,  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 What little you can raise you end up spending it on other candidates as well, but I am pleased that the scholarships are are back in herer and having -- knowing thak then think now neutral on the bill.

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

Thank you, Mr. President, Members af the Senate. I nust -- have to correct the statements made by the sponsor and other speakers on the political funds side. I don't believe it was intentional, but was absclutely inaccurate, incorrect and wrongr to give you three ehoices. In fact, What happens in Cook County, and you've heard from other committeemen on the Floor, any of us who have Ward organizations who dc any activity on behalf of a candidate for office: al1 have accounts that are disclosed under the election law. The Cook County Democratic Party, of which I am treasurer, sign the report every election cycle. Those are reported funds. There is no question on that. The question is, why does a township chairman in Dupage or elsewhere, a county chairman in Dupage or elsewhere, a preclnct commieteeman elected in areas outside of Cook County who are running for party office, spending funds for party-only purposesr under this legislation they do not have to disclose any moneys they raise or spend for Republican Party, ory if appropriate, Democratic Party purposesr etther to be elected as a precinct committeeman, to seek election or support party candidates for party office as a townshlp chairman: party offlce or party candidates as the Republican county chairman of Dupage County. Those would be secret from any discloGure. That's What's under this bill. Currently any ward, townshlp or -- or the county organization in Cook must, in fact, dlsclose those funds that are used for the election of candidates just like you and I have to disclose for ourselves. On another l37  STATE 0F ILLINOIS 89TH GENEZAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 issuer notice in the honorarium that you cannot take an honorarium, but you can direct them to give it to your political committee, and Ehen your poliEical committee can decide to give iE to you and you pay taxes on it. So this allows that kind of circular way to get the funds for those people wha have to disclose, who wanted to use that type of technique. think there are other items in here also that have not been correctly stated. think it is important to recognize that those whc want to be township chairmen, county chairmen downstater or precinct committeemen and raise funds for those purpose would, by this Act, be exempt or continue to be exempt and I think that's wrong .

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

Thank youv Mr. President. think that, at least fcr myself as a Chicago and a Cook County legislator, elected officialr think that the sponsor should be commended for her efforts. Especlally in the -- in the portlon that says that the the disclosures by the ward committeemen will now be required. A previous speaker mentioned that ward conmitteemen now disclose their contrlbutlons or their -- their expendltures on behalf of candldates. The fact of the matter is, that in Chicago, in Cook County, the aldermen, the legislators, the circuit court judges and the commissioners, almost everyone who is elected to any type of office is required under 1aw to disclose their expenditures and their their dollars that are coming in. In my experience, and think anybody Who Would go and seek the -- the records of these ward organizations with the -- wikh the Board of Elections or would find that they are negligent in their reporting procedures. there is a requirement they're no* following welcome this -- this part of the legislation. In -- Chicago some of the Ward organizaticns have some of the biggest l33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE CRANSCRIPT 52nd Legislatlve Day May l8, 1995 fund-raisinq events of the year, and they benefit for thelr organizations. I think they should be able to -- or, they should be requkred to dtsclose thekr dollars - where they come and where I they go. .

PRESIDING OFFICER: (SENATOR WACSON) Further dlscusston? Senator Jones.

Thank you, Madam President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR WATSON) Yes. The sponsor indicates she'll yield.

Senakor Geo-Karis, on the per diem that *he Members spend, and I'm following up on what Senator Butler had to say, what is the purpcse of that per diem that the Members receive While theydre in Session in Springfield?

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

They ge* the per dlem to help them in their hotel expenses and their food. That's what we're supposed to get it for.

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones.

.. . and our expense...

Well, Senator Geo-Karis, I know you stay in one of the luxury hotels here, and everything. Could you tell me hoW much -- how much -- how much is the rent, the averaqe rent a leglslator Would pay when they are down in Springfield, and what 1* the average cost of their meal?

PRESIDING OFFICER: (SENATOR WATSON) Senator Geo-Karis. I I l34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRTPT 52nd Legislative Day May l8, 1995

Well, I can tell you that it does lnto the eighty-one dollars quite extensively. And the fact that I stay at What you call a luxury hotel, if you can gek me one that's -- that has the handicap facilities that that one hasr I'd be glad to stay if it's a nice, clean hotel. And certalnlyr J can ': say tha: J make any money on my eighty-one. I usually have to supplement it, but in all due respect, the taxpayers are entitled to an accounting. And that's what this bill does.

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

Well, I just said that in jest about *he hotel, but what I wanè to poine ou* to you is thak *he mixed signal thae this bill sends, and that is the per diem is not something that legislators have to put in their pocket as income. It take care of expense here. Nowr you know according to the rules that the Membership the Membership of this Body do not determine as to whae days we are in Session. You -- we serve at the will of the presiding officerr which is *he President. If he decided he want to punish you, he Would keep you in after October qsic> the 31st, and you would have no choice but to come in, and as a result you would not be -- be paid for Ehis. As a member of a body, this is a Wrong Eype piece of legislation for the Member to be supporting: because they do not control the times that they are in Session. And you voeed for these rules, but you have -- you have sacrificed your rights to the President of the Senatep and if he wanted to punish you as he's done in the past, then hebll keep you in after June when you have to -- forced to pay lt out of your pocket. But Senator Butler is absolutely correct. This should not be in the bill, because you dre sending the wrong signal, and I think if you want the ward committeemens, the Cook County Democratic 135  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Organizaticn to file those financial disclosure, think the same should be true for those elected committeemens in Dupage and a1l across the State of Illincis. They should also file. As relate to -- as relate to O 'Hare Airport, the continuing assault on that beautlful beautifully fine run facility, see nothing in this bill, absolutely nothing, when you talk about ethics, when you talk about taxpayer dollars, hoW come something is not ln this bill regarding that thirty milllon dollars that the Treasurer just gave away? We -- we need ethics there, as well. So let's quit playing politics With legislation, and if you if you are sincere, Senator, as know most times Ehat you are, then you would -- you would include Dupage County and a11 the other counties and precinct conmitteemens around the State who have the capacity to report, mean to get money, but don't have to report one dime.

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

Question of the sponsor.

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates shefll yieldr Senator Collins. SENATOR COLLINS; Senator -- Senator Geo-Karis - and I Want you to listen very carefully a: my questlon - we -- when the Session end on May -- May 30th, or whenevery and -- and I'm out of Session untll October next year, and I'm called upon by many groups to do trainlng seninarsr to do lectures, to serve on panelsy to travel not only not only in Illinois, but outside of the State of Illinois; I am paid expenses and I'n paid an honorariun . And I report it on my income tax. I do not have another job. I'n not employed no other way. Thls ls considered, guess, as a part-time employment here. Other people get out, they practice lawr they make money in l36  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 -- teaching school and they do other kinds of thlngs. I make ' money by doing various kinds of training, lecturesy speaking, travellng, not only in Illinoisr but ouEside of Illinols. Tell me in what way -- in what way does my activitles strike of impropriety or is in any way unethical.

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

Senator, it says honorarium ls defined to mean a payment for an appearance or speech, except -- except for the actual necessary travel expenses of the Member and one relative. And travel expenses are defined to mean the reasonable cost of transportation, lodgings and meals incurred while a person's away from their residence and it also exempts charitable contributions made on behalf of a Member. And right now the 1aw doesn't preclude you from taking money from your oWn campaign fund if j that's what you want to do.

PRESIDING OFFICER: (SENATOR WATSON) Senator Collins.

Point of order. And maybe we could get a little order so she can hear me.

PRESIDING OFFICER: (SENATOR WATSON) That -- that's an excellent idea.

Obviously she can'E hear me.

PRESIDING OFFICER: (SENATOR WATSON) There is an incredible amount -- if you sit up here and you -- and you just -- you can't believe the noise level here. If you're sikking up here, I would think that you 'd feel the same Nay. I know a 1ot of it takes place outside these Walls, and our friends that are out there on the -- on the galley side we'd appreciate 137 . è .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8e 1995 you holdlng down your conversations, because we'd like to have some order here: and that's an excellent suggestlon, Senator Collins. Proceed.

Senator -- Senator Geo-Karis, that is the way I supplement my lncome. do lectures. do tralning. Workshops. Seminars. travel. They pay my travel expense, but they also pay me an honorarium. I'm asking your and I have between now and when the Sessions ccmes -- convene ln October to do that. Other people go out and they make their living. They have their 1aw practice. Many of them teach school. They have other kinds of businesses, and they earn a living. So do you. I'm asking you: What strikeg of improprlety -- what is unethical about my earning a living by selling my services to those who Wish to have me come dc training, do Workshopsr do seminars and travel around the State, and even outside of the State.

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

You tell me What's unethical about that.

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

In -- and 1'11 try to respond to you, fenator. Xour duties are to this legislature, and honorariums are honcrariums. they Wish to contrlbute to your campaign fund they're free to do so. But we have to put a stop sooner or later, and as far as the eighty-one dollars per day, if you'rê here afEer *he 31st of May - if you recall we passed a statewlde referendum Which Gaid that u9 should bê concludëng our Buskness by the end of May, and after that we need three-flfths vote to carry on anythlng. Alsoz this bill includes -- if I may be heard. If you have to be called in a 138  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18r 1995 Special Session, or if the Governor Wants to have a Special Session after *he 31st of May, they youlre enkitled to your per diem. I think we have to realize that when we represent this house, we don't represent it for honorariums. We represent it in .. I order to do the people's business and to watch the taxpayers' : money.

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

... tmicrophone cutoffl...please speak to the bill: because she did not answer my question.

PRESIDING OFFICER: (SENATOR WATSON) You may proceed.

The fact of the matter is, this bill goes toc far. There are some good parts about this bill, and there're some bad parts about this bill, and there're just some parts about thls bill that really covers up. It pretends that it's doing somethlng and it does nothing. I don't think that this Body have a right to impose upon any Member -- any Member here - this is not a full-time legislative job. If we Were in Congress I could understand it. It's a year-round job, but you have no right to say to me I cannot earn a living when I get out of this Sesslon through my consul*ing business but other people here can earn a living as long as I pay my income tax. What you're doing is wrong, and I say we ought to vote No.

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

Mr. President, I move the previous question. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Previous question has been moved. As a result of that We Will l39 l - .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day May l8, 1995 hear from Senator Walsh, Senator Palmer, Senator Molarc, Senatcr Cullereon and Senator Shaw for the second time. Senator Walsh.

Thank you: Mr. Presidentr Memberq of the Senate. I stand in support of this billr and I think this is a good opportunity for al1 of us to do the right thlng . I Want to speak for a minute, speciflcally, about the campalgn disclosure and -- and T think the feeling on the Democratic side of the aisle that we're making them do something that we're not doing to ourselves, I Want to point ou* that in Cook Coun*y and in Chicago, in particular, they're also fifty Republican Ward organizations. There are thirty suburban township orqanizations that are a1l goln: to have to now disclose their -- their -- under the -- under *he this law. I think it's a good bill, and I think We a1l should support ity 'cause it's the right thing to do.

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.

Yes. Flrsk of all, Mr. President, did -- did anyone question hoW many votes this takes, since there is a home rule limitatlon found in the bill on page 8 of the bl11 as engrossed?

PRESIDING OFFICER: (SENATOR WATSON) No one had asked that question, Senator, and you're -- as this blll provides for the concurrent exercise of powers as provided in Article 7 of the Tllinois Constitution, shall require thirty votes for passage. Senator Cullerton. SENATOR CDLLERTON) senator Geo-Raris, Ehis iecEion tha: I'm referring to, home rule, on page 8 of the enrolled Ksic> verston, seeks to say that a home rule unit may not make purchases in a manner inconsiskent with Divislon 10. And Division 10 ls found in the Statutes under Municipalities - Purchasing And Public Works Contracts In Cities 140  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 Of More Than 500,000. Now, first of all, theygve ruled that this isr somehowy concurrent with state jurisdiction. Something which don't agree with. But in the City of Chicago, for example, there is a minority set-aside rqquirements, twenty-five percent minority, think five or ten percent female. That is inconsistent with this State Statute, which is Division So could you please explain to me it's your intentr with this bill, to overturn the City of Chicagc 's ordinances that they have established With regard to minorlty contracts?

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

I don't -- don't think that it does. Furthermore, the Statutes under -- which this is based on does require competitive bidding. What's wrong wkth that? To explain -- if it's in excess of ten thousand. It's already in the Statute under Divlsion 10, as you and I b0th know.

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.

Yes. And the -- and the City of Chicago has ordinances which require competitive bldding. I'm specifically asking you if it's your intent wkth thks proviskon to overturn any Ckty of Chicago ordinances with regard to purchasing. 'Cause that's what says it does. It says a home rule unit may -- reading from you bill. A home rule unit may not make purchases in a manner inconsistent with Divlslon 10y which is a Statute found on our books. They have ordlnances just told you cf one that goes to the lssue of minority purchasing. This, as read overEurns that. And if it's not your intent I -- I think you have to amend That -- that's a form of a question, she could please answer. l4l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8r 1995

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

don't think it overturps it, because your ordinances have to comply with the Statute, and the Statute is very clear in Divislon 10, and Dlvlsion 10 says that in -- in addition to a11 the rights: powers, privileges, duties, and obligations conferred thereon elsewhere in this division of -- or any other Acts, a11 cities of 500,000 or more population shall have the rights, powers and privileges and shall be subject to the duties and obligations conferred thereon by this Division So don't think it's inconsistent at all.

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.

Another -- another lssue that Senator Colllns raised. Senator Geo-Karisr let's get your legislative intent with regard to what is an honorarium .

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

It says what it -- it says What it does not include. It doesn't include money that you give to charity . It doesn't lnclude an agent's fee or commlssion, or it doesn't include funds reported to your State PAC. Now, what am asked to give a speech for a trade association and I don't talk about politics at all. What do isr go in and do a comedy routine. Senator Hendon has done this in khe past. I've done this in *he past, and people have offered a fee - a payment - for literally going in and -- and taking the place of a -- of a -- some other -- taking the place of some person they Would hire as a comedian to entertain. An after dinner speaker. That sort of thing. This I want Eo 142  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8: 1995 make sure that I know what your intent is with regard to this.

PRESIDING OPFICER: (SENATOR WATSON) Senakor Geo-Karls.

.. . tmicrophone cutoffl...tell you Whah my intent is. If you dre golng do a comedy act you should be paid for your comedy act. And you're very good at it, too. I know, I've seen you.

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

Thank you, Mr. Presidenk, Ladies and Gentlemen of the Senate. To -- to the bill quickly: Probably almost everything ln it I -- I am for, even some of the thtngs my colleagues are against I am for, and I won't slngle thêm out, but one ehin: I do have a little prcblem with is this eighty-one dollars a day past June 1st. If you recall last year I think there were about four-week period I didn't shave. I won't talk about the haircut, but I didn't shave for about four weeks, because I thought it was ridlculcus that the leadership's huddled up and Welre spending eighty-one dollars a day on the rest of the Membership . However. couldn't go sit in my district, because of the fact that a deal could be made and we'd be out of here. Plus you don't want to sik in your district when al1 the action is in Springfield, 'cause then they might as well only have four representatives instead of the rest of us. So we sbould be down here. I just don't like the idea that we wculd, in some waye think that lf we donlt get the eighty-one dollars our leaders will be in that room whên they can't come to an agreementr and they'll say? ''We11, We better care about Bob Molaro gettin: eighty-one dollars so ue'lk come to an agreement quicker.'' Right now the Republican party controls *hings, and that's fine the voters want it that way. There may be a time when there 's a Demccratic Governor or Democratic control of tbe House. Maybe l43  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 never, but maybe that time will come. Ncw, we can't go back and change thts law again. And the thing that cooler heads has prevailed, which never have prevailed in *he past, I just don't like the idea that there ls a possibility that I would be called down here because the leaders couldn't get together on the budget and adjourn, and yet I'd have to be down here and I would have to pay my own lodging and my own meals. I just think it's unfair that that would happen. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Shaw, for the second time.

Thank you, and I apologize for rising a second time, but I wanted to ask the -- a question of the sponsor.

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

On -- on the -- on the honorariums, now we are here let's say - six months out of a year, and you being a professional and you are a lawyer, have no other position bue tbls oner as a Member of Ehis Bar, do you practice law when you leave here? END OF TAPE TAPE 4

PRESJDING OFFICER: (SENATQR WATSON) ... tmicrophone cutoffl...Geo-Karis.

Senator Shaw, I not only try to practice a little law, but pay of the overhead of my office, when I get back. And I have l44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day May 18, 1995 to get -- get (t together and work as hard as I can.

PRESIDING OFFICER: (SENATOR WATSON) Senator ShaW.

So then you won't have that overhead.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

But under this bill, you have a license to practice law, earn additional income, and this legislation, What ycudre attempting to do, thP people who are not double dippersy such as yourself, you are going to prohibit them from taking an honorarium. Do you - - do you believe that is right?

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

certainly dcn't prohibit you from going into any other gainful occupation. And I don't think an honorarium is the name of a gainful occupation. I think a gift: that's fine. But Wedre trying to save the taxpayers money, and this is one way to do it to show that we really mean it When they said to us: do something about it, 'cause we don't trust legislaturesy we don't trust public officials. And we're trying to restore their trust in us.

PRESIDING OFFICER: (SENATOR WATSON) Senator Ehaw .

Fknally, the honorarium is not taxpayers' money. And I don't believe that We are saving any taxpayers any money, because some company or some orqanization gkves some Member of the legislature: When they are noE in Session, a honorarium. What we should be about: if you if you want to even take this fartherr if it's 145  STATE OP ILLINOIS 89TH GENERAL ASSEMBLT REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 fair for me, and you want to make this a full-time job, you shculd 1et your law license expire. And you should not be out there taktng money from your clients, Nhen you're not Session. think that is hypocritical. think it's wrong, and I think this legislation is Wrong. And I ask for a No vote.

PRESIDING OFFICER: (SENATOR WATSON) Senator Geo-Karise you may close.

Mr. President and Ladies and Gentlemen of the Senate, much of this bill Was brought to the attention of the House from Common Cause, and much of itz I thinkr is very good. And if I've made any mistakes in interpreting some of I apologlze. However, the fact remains, the part about O 'Hare Airport, Meigs and Mldway was already in the bill. It came over here wikh a hundred and one votes. And the the the part about the honorarium , if didn't have a license to practice law, I can assure my colleagues on Ehe other side, be getting some other job ln order to supplement my income. But would never depend on anyone's honorarium. think it's a good bill and I ask a favorable vote.

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall House Bill 1498 pass. A11 those in favor, vote Aye. Oppcsed, vote No. The voting 's open. Have a1l voted who Wish? Have all voted who wish? Have a11 voted who Wish? Have all vcted Who wish? Take the record. On that questian, there are 41 voting Yes, 7 voting Nc, 6 vcting Present. House Bill 1498: having received the required constttutional majority: is declared passed. Senator Fitzgerald, for what purpose do you rise?

Make a motion to reconsider.

PRESIDING OFFICER: (SENATOR WATSON) Senator Geo-Karis. l46  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legtslative Day May 18, 1995

... tmicrophone cutoffl.mwmoklon on the table.

PRESIDING OFFICER: (SENATOR WATSON) Motlpn has been made. Al1 those in favor, say Aye. Second. Opposed. Motion passed. Senator Fawell, do you wish this bill returned to 2nd Reading for the purpose of an amendment? Senator Fawell, seeks leave of the Body to return Senate Bi11 1587 to the Order of 2nd Reading for the purpose of an amendment. Hearinî no objection, leave is granted. On the Order of 2nd Reading Senate <sic> Bill 1587. Mr. Secretaryz are there any Floor amendments approved for consideration?

Amendment No. 1, offered by Senator Fawell.

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

Thank you very much. The amendment resurrects Senator del Valle's bill, which passed to nothing. A11 it does is allow clear plastic covers on license plates. It also resurrects Senate Bill 395, which clarifies where the funds go for the State Police School Bus Driver Fingerprinting Program .

PRESIDING OEFICER: (SENATOR WATSON) Discussion? Senator Clayborne.

rise for a pcint of personal privilege. tried to get it -- well, 1'11 go back. 1911 Wait till she finlshes.

PRESIDING OFFICER: (SENATOR WATSON) That's right. State your point, Senator you're ...

Wellr I -- intended to vote -- somehcw I didn 't vote the button was pressed wrong. intended to vote Aye on 1498.

PRESIDING OFFICER: (SENATOR WATSON) l47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Very good. The record will so indicate. Now , on the amendment, you have moved for the adoption of Amendment No. A11 those in favor, say Aye. Opposed, Nay. The Ayes have and the gmendment is adopted. Any further Floor amendments approved for consideration? SECRETAR? HARRY: No further amendments reported.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate <sic> Bill 1633. Senator Sieben. Mr. Secretary, please read the bill. Senator Sieben, do you Wish ko have House Bill 1633 returned to the Order 2nd Reading for the purpose of an amendmene? Senator seeks leave the Body to return Senate <sicl Bill 1633 to the Order of 2nd Reading. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1633. Mr. Secretary, are there any Floor amendments approved for conslderation?

Amendment No. 1, offered by Senator Sieben.

PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. l amends the Vehlcle Code eo add language to allow for tracklAss trolleys to use bells to indlcate their arrival or departure at a destination stop during hours of scheduled operation. There was no opposition in Transportabion Committee, and I Would move for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? A1l those in favor: say Aye. Opposed, Nay. The Ayes have itr and the amendment is adopted. Any further Floor amendments approved for consideration? SECRETARY HARRY; l48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSZON SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 No further amendments reported.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1650. Senator Hasara. Mr. Secretary, please read the bill.

House Bill 1650. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

Thank youy Mr. President. House Bill 1650 directs the Department of Agriculture to establish a pilot program for a Farm Safety Course offered at the Illinois State Fair. B9 glad to answer any questions, and Would ask for a favorable roll eall.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, the question isr shall House Bill 1650 pass. All those in favor, vote Aye. Opposedr vote No . The voting is open. Have al1 voted Who wish? Have all voted who WISh? Have all voted who Wish? Take the record. On that question, there are 55 voting Yes, no voting No r no voting Present. House B1ll 1650, having received the required constitutlonal majority, is declared passed. Senate <sic> Bill 1662. Senator Hendon. Madam Secretaryr please read the bill.

House Bill 1662. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon.

149  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 Thank youe Mr. Prestdent. This bill simply adds Eha: the Department of Correetions look at building a juvenile center within Cook County. 1111 be happy to answer any questionsr and ask for a favorable roll call.

PRESIDING OFFTCER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Btll 1662 pass. Al1 those in favor, vote Aye. Opposed, vote No. The voting ls cpen. Have al2 voted who wish? Have all voted who Wtsh? Have all voted who wish? Take the record. On that question: there are 57 voting Xes, no voting No , no voting Present. House Bill 1662, having received the required constleutional majority, is declared passed. On page l0, we will proceed with House Bill 1696. Does Senator Weaver wish House Bëll 1696 returned to the Order of 2nd Reading for the purpose of an amendment? The Secretary says there is no amendment, Senator Weaver. Senator Weaver.

There should be amendment from the committee.

PRESIDING OFFICER: (SENATOR WATSON) We adopted...

A Floor -- a Floor amendment Went to...

PRESIDING OPFICER: (SENATOR WATSON) Yestçrday we adopted...

already been adopted?

PRESIDING OPFICER: (SENATOR WATSON) According ko the Secretary, yes.

Very good. Roll it.

PRESIDING OPFICER: (SENATOR WATSON) Madam Secretary, please read the bill. 150  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18: 1995

House Bill 1696. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Weaver.

Thank you: Mr. President. House Bill 1696 would create unlversity license platesp at a charge of forty dollars, to create a fund that would go back for scholarships at each and every university based on What is -- is developed in that fund. So if anyone has any questions, be happy to try to answer them .

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

Yes, thank you, Mr. President, Ladies and Gentlemen of the Senate. Sponsor yield for question, please?

PRESIDING OPFICER: (SENATOR MAITLAND) Indicates he will yieldy Senator Jacobs.

Sometimes Senator, I feel like T'm an attorneyv which I'm not, because there's points that seem to be brought up that least some elarification. As understand thts bill: the Secretary of Sta*e uill have the final say of the design of the -- the license. But yet the University of Illinois has copyrights on their logo, so that that logo ls Eo be used, there 's a potential for a lawsuit on the State of Illinois. that correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver.

The Secretary of State will have complete control of design.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 I If khe logo is to be cn there, there'll have to be some agreement I I worked out, otherwise it Won't be used. r PRESIDING OFFICER: (SENATOR MAITLAND) j Senator Jacobs.

That -- as a matt/r of ântentr I think, that that clears up the tssue that I had a concern with . So, thank you very much. PRESIDING OFFICER; (SENATOR MAITLAND) Senator Hawkinson.

Thank youy Mr. President, will tho sponsor yield for question?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yleld, Senator Hawkinson.

senator, in commlttee, I believe there Was an indication that with the bill in the shape it's in there was a question about whether private school plates that were adopted, whether those private schools could receive that -- their share of the fund. Has that been worked out With a Ploor amendment, or is it going to happen in the House, or where are We on that lssue?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver.

That has been Worked out by Ploor amendment. Privates are in.

PRESIDING OEFICER: (SENATOR MAITLAND) Further discussion? Further discussion? The queseion is, shall House Bill 1696 pass. Qhcse in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted kho wish? Have al1 voted who wish? Have all voted Who Wish? Take the record, Madan Secretary . On that question, there are 59 Ayes, no Nays, no Members votins Present. House Bt11 1696, having received the required constitutional majority, is declared passed. Senator l52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 8aY 1995 Dudyczy for what purpose do you arise sir?

got a bill coming up.

PREGIDING OFPICER: (SENATOR MAITLAND) Senator Dunn: for what purpose do you arisey sir?

Thank you: Mr. President. Motion to table . 1 have a motion to concur with House Amendment to Senate Bill 428, khich is currently in the Senate Judiciary Committee, and I have filed a nêw motion today. So I Would like to table that motion to concur.

PRESIDING OFFICER: (SENATOR MAITLAND) We're just going to wait unttl We get to that order of businessy Senator Dunn, if that's alright sir. Senator Shadid, for What purpose do you ariser sir?

A point of privilegey Mr. President. 0n House Bill 1498, I Was was recorded as not voting. My key was turned off, I didn't notice want to be recorded as vottng Yes cn that.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shadid, the record will will so indicate your intent sir. Senator Butler, for what purpose do you arise, sir?

Point of personal privilege, please.

PRESIDING OFFICER: (6ENATOR MAITLAND) State your point. sir.

Ladies and Gentlemen, I would like to introduce a dtstinsuished sentleman with me, seated next to me. He -- he ls Mayor Ronald Wietecha of the City of Park Ridqe, and also Chairman of the Suburban O 'Hare Commisslon. Ron Wiebecha .

PRESIDING OFFICER: (SENATOR MAITLAND) Welcome to Springfield, Mayor. House Bill 1699. Senator l53  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatkve Day May 18, 1995 ' I I 1 Dudycz. Read the billy Madam Seeretary. I

House Bill 1699. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER) (SENATOR MAITLAND) Senator Dudycz.

Thank you, Mr. President. WP deba*ed House Bill 1699 earlier yesterday, and I -- I took it aut of the record r because there were some questions that were brought up by Senatcr Denuzio and others . But, I believe that thase questions have been answered. There has been no conflict as far as the Taxpayers Federatton is concerned. The legislationr briefly: does four things: It deletes requlrement that the City Colleges of Chicago appear before the city council for approval of the annual kax levy; deletes the provision that prohtbits federal funds reeeived for a capital eonstruction project from belng used by a local community college as 1ts twenty-five percent match; amends current bondlng language to clarify that the Chieago Community College Dlskrlcts may issue bonds to refund short-term indebtedness; and clarifies that al1 persons participating in the State Universities Retirement System who don't reeelve hea1th insuranee when they retlre, are ellgible for annual health insurance grant from the Illinois Community College Fund. That is the portion which affects only one person at no cost to the State. And I Would ask affirmaeive support.

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

Thank you: Mr. President, Ladies and Gentlemen of *he Senate . Let me also concur with Senator Dudycz, ehat my comments today are I I 154  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8r 1995 1 I intended to Clarify that the City Colleges of Chicago is the only ' Community College disbrict that Would be affected by this bondin: ! ! provision. Also, the bill would amend only the City -- City Colleges portlcn of the Pubkic Community College Act, and Would not apply to any other conmtunity college district. This bondin: language is narrowly focused to cover one short-term note for the City -- City Colleges first issued in 1994 -- it's not any neW borrowing . And therefore, I rise in -- in favor of this legislation .

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

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

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

Senator Dudycz, yesterday I raised the issue of the ninety nillion dollars tbat the City Colleges of Chicago lost. I found out this morning, and I -- I -- I certainly hope that our fiscal conservative friends will listen to this, that it was no* ninety million dollars. It's actually ninety-six million dollars -- ninety-four million dollars, you know, there are probably two or three mlllion that we don't know about, Aldo -- that they have lost, and my question is, have they shown the fiscal responsive -- responsiveness to deserve the opportunity to just raise taxes to pay off debt, and I'm eertain some of this debE was because of the ninety-four -- ninety-slx mlllion dcllars that they just disappeared. PREEIDING OFFICERJ (SENATOR MAITLAND) Senator Dudycz.

l55  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8: 1995 - - I'm sorry -- I -- could you repeat the question.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon.

My question is, do you consider them -- have they shown enough fiscal responsibility, knowing that they just lost ninety-four million dollars, to be given the opportunity to just ralse taxes, and tax the people of the City of Chicago and the State of Tllinois without the oversight of the eity eouncil? Have they shown that responsibility -- fiscal responsibility to you?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

Senabor Hendon, that is not addressed in the bill.

FREEIDING OFFICER: (EENATOR MAITLAND) Senator Hendon.

Wellr take that to mean, that no they haven't shown that to you. And they most certainly haven't shown it to me , and they haven't shown to anyone else in this Chamber. And remind my friends, especlally those of us who are Eruly concerned about balancin: the budqet and protectlng the taxpayers/ which we a11 say we are. I mean, after all, we -- We passed tax caps for Cook County and we d1d it for a reason, to protect the baxpayers. So my question to you is, is there a limit on the amount of -- of of how high your bill is goinq to allow City Colleges Eo raise taxes? Is there a limlt? Is there a cap of any klnd, or can the City Colleges raise taxes jusk as hlgh as the hell they want?

PRESIDING OFFICER: (SENATQR MAITLAND) Senator Dudycz.

The ansWer to your questîon is, yes. l56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8# 1995

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Hendon.

What is the cap that the City colleges -- that your bill imposes on City colleges on this tax increase authorization?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

dondt know.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon.

Well, Ladies and Gentlemen of thts Chamber, hope you lisEen very clearly . Especially those who are -- of your Who are ltke me, a fiscal conservative uho cares about the money of this Stater of the people of this State, the illustrious Senator, who is my friendr has made perfectly clear thaK the City colleges, if this passes, has unlimi*ed -- unlimiEed authority to raise taxes however much they want. And if they keep lostng ninety-four million a year ninety-six million a year, God knowsr this tax increase allous then to get rid of that debt. So they can lose money on a11 kinds of -- a deals, and a11 kinds of things that that truly are bad for the people of this State, and tbis Body of integrity, of intelligent peopley are qoing give these people Who are thrcwin: away this money the ability to ralse taxes, and the Senator says, ''There's no limit.'' So Ehey can come up With a twenky-percent tax increase - thirty percent, hell - wby not, you g0t a roll going, seventy pereentr and nobody, nobody bas *he risht to Eurn them down. Nobody would have the righ: to even review hou much they 're goïng to raise taxes. khink this is a bad bill, especially those of you who are seeking re-election. Especially for those of you who are fiscal conservatives.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18r 1995 Espeeially for those of you who say you're going to protect the taxpayers' money. You're about to give away some, my friends, and if the -- if the Chieago School Board had lost ninety-six million dollars, you be up in here screamtng about oversight, screaming about sone committee to protect 'em, to watch 'em, to the school finance authority. But yet, the City Colleges is going to get the -- the right to raise taxes as much as they want. This is a bad bill. This is an anti-cikizens bill, and al1 of you who say that you truly stand for tbe taxpayers should definitely vote No.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Molaro . SENATOR MOLARO ; Thank you, Mr. President. Ladies and Gentlemen of the Senate. My colleague from the west side of Chicago just gave a fantastic speechy and I thought it was greatr except it's on the wrong blll. That's the problem . I don't -- I don't know hoW We bre reading this bill so differently. Thts doesn't give any taxing authority to City Colleges whatsoever. This is a verily very narrowly drafted piece of legislation that gives no exera authorlty to anybody to raise taxes or do anything else. The borrowing has already been done. The borrowing was done in 1994, and itls done with a short-term loan. If we allow the City College to go out and do it bonding, instead of the money that they owe, theylre not going to pay anythlng off. They owe thirty million dollars, but they borrowed it in short-term fund, which it's costing them a 1ot af money to borrow. If thgy do it by bondinqr they save on the interest rate. So they're borrowing thirty million dollarsy instead of a free note at some bank, making some bank exkra money, they're voing to do bondins, they're going to save money doing it. That's a11 it does. It al1 verily narroWly crafted to the City Colleges for thls one particular note. What happened when they lost the nine*y-four million dollars, just briefly, which has l58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 nothing to do with this bill, those people have been fired; Ehe money manaqer is in court; they have sued those people for doing it' and ët's in court on whether or not the noney that's bêen lost by these investment advlsors, will ever by gotten back. So this bill has nothing to do uith that. There, maybe, should be a bill to go after these people who made it. But this isn't itr and this is a good bill, as writtenz and I stand in support. Thank you.

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

Thank you, Mr. Presidenk, Ladies and Gentlemen of the Senate. Would Ehe sponsor yield for a question?

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

Senator, not from Chicaço, so some of the issues that were ralsed have got me a little confusedr and I think maybe you eould respond to thisy and -- and -- and clear up for me a little bit. We 're deleting a requiremenk that City colleges of Chicago musk appear before the city council each year for approval. Did not -- did -- we're deleting that, correck? ...tinaudiblel...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

Senator, the clty council does not approve or disapprove. It jugt requires that Ehey appear before the clty council and make their presenkation.

PRZSIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Well, I guess my -- my point still remains the same. There's a lot of discussion that that will alter a problem. Tt appears to 159  STATE OF ILLINOiS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18' 1995 me the loss of eighty-nkne mkllion dollars happened While the City of Chicago Was reviewing the problem , or revtewlng the issue. So to delete tbem, really does not put thls into jeopardy. In fact, What kt really is sayingr is ke're not going to operate undgr the same system that allowed it to happen in the past. Is that correct?

PRESIDING OFPICER: (SRNATOR MAITLAND) Senator Dudycz.

... tmkerophone cutoffl...answer your questton, Senator. I -- really don 't -- as far as Ehe city cauncil is eoncerned : I gave my answer. As far as their investments: whether theydve made good investment or not, or whether -- whekher -- you know, I donft know how to answer that question.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Let me -- 1et me rephrase because trying to help you a little bit, I think, in my own Way. What I am trying to sayr is that *he -- the problem that did exist, existed While they needed to take it to the Clty Council of Chicago. So by not taking it to the City of Chtcago, the problem happened while taking it to the City of Chlcago, so what are we golng to lase?

PRESIDING OFFICER: (SENATOR MATTLAND) Senator Dudycz.

Again Senator, nothkng.

PRESIDING OFFICER: (SENATOR MATTLAND) Is there further dtscussion? Senator Collins. Senator Burzynski.

Thank you, Mr. President. Just as -- as a point of 160  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day May l8y 1995 clarification, I thtnkr Senator Jacobs comments are are very approprkate in the fact that this oversight was there prkor to this time. A11 we're trying to do is -- is to make that ccmmuniey college board wark under the same gutdelines as every other community college in the State of Illinois, and I would move the previous question.

PRESIDING OFFICER: (SENATOR MAITLAND) All right. There are two remaining speakers. Further discussion? Senator Palmer.

Tbank you, Mr. Presidenk. Just to the bill: There are some very good things in this bill, and I am happy to see the City Colleges of Chicago be able to afford to finanee kts bonds at a lower -- it's a -- uhatever, at a lower rate. However, I do not think that we should lose sight of *he fact that ninety-six million dollars kas lost. Now, we may not be talking abouk the details in the proper way. But in faet, it was: and that is what we are trying now to recoup in one fashion or another. And I do have some amblvalence about it not coming before somebody in order for there to be some oversight. Granted it may not be one where decisions can be made. But to have this complekely outside of the public view, I think is not exactly the way to go. I can understand that thls is important, and ve probably should support it in some way. But I don't think thls ls totally the way we shoukd be going.

FRESIDJNG OFFICER: (SENATOR MATTLAND) Further discussion? Senator Dudyez, to close.

Thank you: Mr. President. There's been enough discussion on this bkll. I would jus: ask that the Senate join the l01 to nothlng vote of the House, and -- and pass these -- this bitl out of the Senate. 161 '  STATE OF ILLINOIS 99TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day Nay l8e 1995

PRESIDING OFPICER: (SENATOR MAITLAND) The question is? shall House Bill 1699 pass. Those in favor Will vote Aye. Opposed, Nay. The votin: is open. Have a11 voted who wish? Have all votgd who wish? Have a11 voted who Wish? Take the record, Madam Secretary. On that question, there are 56 Ayes, 3 Nays, no Members voting Present. House Bill 1699, having received the requlred eonstitutkonal majortty, is declared gassed. House Bill 1706. Senator Raica. Read the billr Madam Secretary.

House Bill 1706. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR MAITLAND) senator Raica.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1706 is an lnitiatlve of the Attorney General's Office. What it does is it amends the Criminal Code to raise the penalty of agqravated battery of a child from a probationable Class I felony to a -- to a non-probattonal Class X felony. 1* also eliminates the special probation provisions for family members and those With supervisory authority over the child. It does one other thing, Mr. President, in it allows an order of protectton to issue for an alleged violation of aggravated battery of a ehild, in directing that defendant have no contact wlth the child. I Nould just ask for a favorable roll call.

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

Yes. Thank you, Mr. President, Members of the Senate . I voted Present on this bill in commlttee, and I just Want to raise this, and T'm sure everybody has to vote for it, because after a11 l62 r ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 we are increasing a penalty tn a Criminal Code. And it only costs I I l.1 million dollars, which ls really not very much when you 1 I consider that we're going ta pass a bill that's going to cost 1 ! three hundred and seventeen million. This is like a little down payment. Here's the problem though, with the bill. I have no I I robipm fzlsin; the penalkies. I have no problem raisin: th6 l could be lcsing your temper, punching a kid, and sa that a jury 1 says that he receives great bodily harm. What We're doing with ' the bill is taking away the judge's discretton, in those rare cases, to give probatian. Now, you knowr the -- the judges don't give probation out that often. They oceasionally do it, if there's some rare case. And we have this -- another example is in the residential burglary. Some kid breaking into an attached garage to get his bëke back, some seventeen-year-old kid. The judges have been *oldr by us, you can't give him probation. So you know what they do, they find him not guilty, or they find him gutlty of some other crime. So here you got a situation where you gct an aggravated battery of a child, somebody who received: according to the definition: great bodtly harm, which could be, ycu know, a punch, somebody koses Eheir temper. I'm not saylng they should be found not guilty, I'm not saying we shouldn't make it a Class X felony. Al1 I'm saying is to Rake it non-probationable, that's what costs the l.l nillion dollars. And I -- I voted present kn committee. I -- 1, you knoW, We always stand here and every time you vote agaknst a bill that raises a penal*y, people can accuse you of being soft on erime and all that. I'm just trying to smart about it, and I just think it's -- it's that one portion of the bill which is tctally unnecessary. PRESIDING OFFICER: (SENATOR MAITLAND) ! 1 Further discussion? SenatorMolaro. 1 I l63  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995

Yes. Thank you, Mr. Prgsident. It's a little similar, but -- but I want everybody to understand what's golng on here. Rlght now, if yau -- if you commit aggravated battery against a child: you can get up to flfteen years in prison. There's no doubt that aggravated agatnst -- aggravated battery against a child, in most cases, someone should get fifteen yearsf maybe thirty. The bad part is not the maximum, we 're no* golng to inerease that that much: it's the mintmum. Class X felony, if you're convicted of this, you must get six years in jail. Nok, let me explain What could happen here. Aggravated battery could mean, saysr permanent disabilityr great bodily harm, disfkgurement, or uses a deadly weapon. Nowy for those of you who understand this, there are grandfathers who come from the o1d country who just don't understand things too mueh. Chlld could be anybody twelve or under. So you could have an eleven year old that's runnlng around the houser and a grandfather or great-unele or someone who maybe had a few beers -- say, HHey, I told you to siE down cut out.'' Doesn't sit down, gets a little aqgravated With themr see - - just grabs a shoe or a scissors, told you to sit down'' and actually a child he loves, Who's eleven years old, gets hft With the scissors, and causes some disflgurement. And he gets charged with aggravated battery. Now he goes to court, a judge sitting there: or a jury if he pleads guilty, eould give him fifteen years, or they eould give him probationr or they could say, you know what we want to give hlm Ehlrty days in jail. Part of the crime they could look at. Now, uhen we change this' he must -- he must -- he must go to jatl for six years. He must go to jail for six years. It's not increasing the maximum. We still got fifteen or thirty years we could qive them. We're going to take away what we dre trying to do here. Most aqgravated batteries on a child, somebody ltke a boyfriend or somebcdy who --  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leqislative Day May l8, 1995 Ne'll give them fifteen thirty years. But don't take away the opportunity on a one spot thlng, that -- that would gtve somebody where that we must gtve khem six years. I think it's mistake, and I think we should take a look -- hard look at it. Thank you .

PRESIDING OFFICER: (SENATOR MAITLAND) Further discusslon? Senator Raica, to close. 6ENATOR RAICA: Well, Mr. Presidentr I didn't know if I should just take my esteemed colleague, Senator Molaro's statements as my closin: statements or -- ar give my own. I think throwing setssors ak a child who's three or four years old is klnd of a bad scenarior and know, Bob, you didn't really want to do it that wayy you just tried to make a polnt. Sut, you kncw/ I don't know if -- if -- if they if they wanted if they wanted to prosecute that indivtdual with -- with aggravated child -- or aggravated -- aggravated battery of a ehild is one thing, but the guy Would have eo be convicted. Al1 I'm saying is that there are situations where therels repeat offenders also that have caused a lot these barms to these childreny and we're only tough attemptin: to get touqh and protect these children just a little btt more. But I understand where you're coming fromr Senatar Molaro. I respect you and both, Senator CullerEon for your opinions, but I would just ask for a favorable rokl call.

PRESIDING OPFICER: (SENATOR MAITLAND) The question isz shall House Bill 1706 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted wHo gish? Have al1 voted who wish? Take the record, Madam Secretary. On Ehat question, there are 52 Ayes, 1 Nay: 3 Members voting Present. House Bilk 1706, having received the required constitutional majority, is declared passed. House Bill 1708. Senator O 'Malley. Read the bill, Madam Secrekary.

l65 '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 House Bill 1708. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator 0 'Mall9y.

Thank you, Mr. President and Members of the Senate. House Bill 1708 amends the Code of Criminal Procedure and the Code of Corrections. It makes the crime of compelltng orqanizatlon membership non-probational. Current law makes compulsion of organization membership a Class 11 felony, and a Class I felong when it is committed by a person eighteen or older against a person under eighteen if aecompanied by an express or implied threat of bodily harm, or bodily harm. This bill Nill make both offenses non-prabationable, and not subject to conditional discharge or pertodic imprisonment. This is a suqgestton and an initiative from the Illinois Attorney General's Offlce. Be happy EO ansWer any CLPStiORS XOQ Edy KdMe.

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

Question of the sponsor. How -- hoW do you define a ''gangb'?

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

We 're we're going -- ke're going to get the Statute. tmierophone cutoffl... Senator Berman, e .. you're refer to on page 1 of the billy at lines 8 through l4, it says -- it says, in particular, ''Compelling organizatlon membership of persons. A person who expressly or impliedly threatens to do bodily harm or does bodily harm to an indlvldual, or to that individualls family or uses any other eriminally unlawful means to solicit or cause l66  STATE OF ILLINOIS 89TH GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 any person join any organization or association regardless of the nature af such orçanization or associatian, is guilty of a Class 2 felony.''

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Berman.

So that you -- the -- the -- your explanation ts a gang, but under this if I use -- if I threaten bodily harm, fcr a person under eighteen to join any organlzation: would be guilty under this bill. Am I correct?

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

If -- if you are over eighteen and you use force, or threat of force, against someone under eighteen. to join an organization, that is correct. And remember that this provision that we read frcm in the bill, is the law as is today. So Wedre not changing that in any wayr shape or form, and that has been consist with what the laW has been for a long time.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator O 'Malley, you kish to close, sir?

I just prefer a -- you know, an affirmative roll call. Thank you.

PRESTDING OFFICER: (SDNATOR MAITLAND) The question isr shall House Bkll 1708 pass. Those favor Wi1l voke Aye. Oppcsed, Nay. The voting ls open. Have voted wbo wish? Have all voted who wksh? Have a1l voted Who Wish? Take khe record, Madam Secretary. On that questiony tbere are 55 Ayes, 1 Naye no Members voting Present. House Bill 1708, having received the required constitutional majority, is deelared passed. l67  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 52nd Legtslative Day Ma# 1995 House Bill 1730. Senator Palmer. Senator Palmer? House Bill 1741. Senator Cronin. Senator Cronln on the Floor? House Bill 1792. Senator Cronln. House Bill 1797. Senator Rauschenberger. Senator Rauschenberger on the Floor? House Bill 1816. Senator Mahar. Read the bill, Madam Secretary.

House Bill 1816. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR MAITLAND) Senator Mahar.

Thank you, Mr. President. This makes *h9 -- the committee amendment makes the bill identical to Senate Bill 1028, which passed the Senate 55 to ncthing. Requires a Ehlrty-day demand letter to be sent by b0th certified mail and by first class mail to a bad check writerds last known address. If the certified letter is returned, is refused, or ls unclaimed, the suit may go forward . The duplicate matlin: by first class mail is tntended as a fail-safe mechanism fcr providlng adequate notice of an -- of an impending civil suit. know of no oppcsktlon, would ask for your support.

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

Yes, since -- would kHe sponsor yield?

PRESIDING OFFICER: (SENATOR MAITLAND) Indtcates he yleld, Senator Cullerton.

We've had in the City of Chicago, especially in my distrlct, some incrediblyr inefficient postal delivery. There 's been some zip codes that's been under investigation by the federal 168  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 52nd Legislative Day May 18, 1995 : government. We had a change in the postal -- the head of the post ! ! I office in Chicago. What happens if they mail it and the post : offlce loses it? !

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mahar.

Thank you, Mr. President. Wellr the response I would have to that, it is both certified mall as well as first class. I -- if you can't count on the U.S. Postal Service, and I -- granted they have some inadequacy, but if you can't count on them, then I guess we have a problem that's far greater than this bill.

PRESTDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Cullerton. Further dlscussion? If not, the question 1s, sball House Bill 1816 pass. Those in favor will vote Aye. Opposed, Nay. Th9 voting is apen. Have a1l voted who wish? Have all voted who wish? Have all voted Who wish? Take the recordr Madam Secretary. On that question, there are 58 Ayes, no Nays, no Members voting PresenE. House Bill 1816, having received the required constitutional majcrity, is declared passed. House B11l 1825. Senator Peterson. Read the bill, Madam Secretary.

House Bill 1825. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Peterson.

There was an amendment filed, is that correct?

PRESIDING OFFICER: (SENATOR MAITLAND) It has been adopted, Sgnator. On the bill.

l69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18g 1995 : ! Thank you, slr. Thls bill, 1825, deals with the cptical scan I 1 vote tabulating equipment. And what it would dor ls establish I ! standards and procedures for the use of optical scan vote 1 tabulating equipment. .Establish -- if a conflict exists between current provisions for the vote tabulation when usin: cptical scan equipment, the provision cf the new Act shall prevaîl. Currently, this equipment is belng used for central tabulations in Hamilton and Peoria Countles, but is not authorized for precinct level wcrk. The bill would be optional by the election authority. It would have an effective date of January, 1997. And I ask for a favorable roll call on House Sill 1825.

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

Thank you, Mr. President. I stand in support of this bill. It's an opportunity for us to have a much more rapid tabulation of *he votes at the end of the voting dayy and that -- and the accuracy also is guaranteed.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? If not: the question is: shall House Bill 1825 pass. Those in favor will vote Aye. Opposed, Nay. The vottng is open. Have all voted who wish? Have all voted who wlsh? Have a11 voted who wish? Take the record, Madam Secretary. 0n that question, there are 57 Ayesr no Nays, l Menber voting Present. House Bill 1825, having received the required constitutional majori*y, is declared passed. House Bill 1843. Senator Peterson. Read the bill, Madam Secretary.

House Bill 1843. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) l70 . ). '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 I Senator Peterson.

Thank you, Mr. President. Eause Bilk 1843 amends the Illinois Insurance Code to 'authorize hearings regarding suspension, revocation, or denial cf a license asaninsuranceproducer, .. j limited representative, or registered firm to be held in Chicago in addiEion Eo Sprlngfield, and the county in whlch the licensee's principal office -- place of -- of business is located. It's supported and brought to the legislature by the Department of Insurance. I ask for favorable roll call. PRESIDING OFFICER; (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 1843 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 56 Ayes, no Nays, no Members voting Present. House Bill 1843, having received the required constitutional majority: ts declared passed. Jane Serbus of KRT Productions requests pernission to videotape. And Tom Hecht, Illinois Information Service requests permlssion to videotape. Is leave granted? Leave is granted. Senator Petka, for what purpose do you arise, sir? House Bill 1850. Read the bill, Madam Secretary.

House Bill 1850. (Secretary reads title of bill) 3rd Readln: of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka .

Thank you, Mr. President, for recognlzlng me, and Members of the senate. House Btll 1850 contains tWo provisions. The l71 ' l .. U ' '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18r 1995 original bill came over that amending the upper river Illinois River Valley Development Actr which Would expand the territorial jurisdiction of that Act to include the County of Kendall. This wpuld expand the governlng body of that frcm sixteen to eighteen members. Amendment No. 1 was adopted in committee. The anendment provides the following : the -- the Rural Bond Bank Act Would be amended to expand its jurisdiction to lnclude units of local government, excluding home rule municipalities Within the collar counties of Lake, McHenry, Kane, Dupage and Will, and establish a separate debt limit authorization of twenty-five million dollars for bond tssuance within the collar county area. The existing debt limit authorization for bond issuance within the orlginal ninety-slx county area, is increased to a hundred and twenty-five million, of Which fifty million of that has already been issued. Additionally, the number of appointed commissioners would be increased from five to sevenr for a total of nine, lncludlng the Lieutenant Governor and the State Treasurer. It Would allow county officers to appoint a temporary substltute who has a vote and count for quorum purposes. The amendment was placed on the bill, with hopefully, *he following kncentives mind. First of all, to provide a low cost capital to rural communities Within the collars counties; to increase khe bond volume and, therefore, lower the cost of borrowing by small communities for for those who are participating. Just as an example, a one-million-dolkar berrower wt1l save approxtmately ten percent on to*al financing costs by participating in a twenty-million versus a five-million-dcllar bond issue . And also to develop non-bond financing programs with additional fee revenues generatêd by increased bond issuance. Mr. Prestdent and Members of the Senate, that's the bill and I would urge its adoption.

PRESIDING OFFICER: (SENATOR MAITLAND) l72 l ..  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8r 1995 Is there discussion? Senator Demuzio.

Well, thank you, Mr. President. don't know if anybody's listening to what wedre doing herer but we are now expanding the Rural Bond Bank to include the county of -- guess the collar counties. The Rural Bond Bank was established to help our rural communities outstde of the netropolitan area, and currently we have a one-hundred-million-dollar bond authorization of which forty to fifty million dollars is -- is currently left and not issued, on that partlcular issue. Senator why -- why would We want to -- to include now the eollar counties and -- and couldn't a case be made for adding -- addin: Cook also? mean, this is like a raid into a -- a domain that we 've attempted to -- to be competitive with other other countles throughout -- throughout Illinois for economic developnent and other projects' but it just seems to me that we ought not to be intruding into something that's been successful nor expanding if it's -- then we 're going to expand ktr why don't we call the suburban bcnd bank or some some other some other name. Andr Mr. Presidentr I might asky since we are dealing with bcnds herer whether or not the Chair would rule as to whether or not this -- the number of votes that this would require?

PRESIDING OFFICER: (SENATOR MAITLAND) Thlrty votes, Senator Denuzio. Senator Petka.

Well, thank you, Senator Demuzio, for poinEing out Ehe benefits of the Rural Bond Act. Because of the fact that We wanted to make sure that the original intent of thP Rural Bond Act - - Bond Bank Act would continue to serve the ninety-six rural counties in this state: and to perhaps follow up on EhaE, then tc create, for the rural areas wiEhin the collar counties, an opportunity to draw upon that that same type of incentive.  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 i That Was tbe reason for the -- for this amendmenk Eo this bill. PRESIDING OFFICER: (SENATOR MAITLAND) i Furtherdiscusston? SenatorDemuzio . 1

Well, I rise in opposition. I -- I just think that this again, is -- is -- is your new found power in -- in the suburban area, that you now want to tap lnto everything you can tap into . You're going to try to tap into the Rural Bond Bank now. It just seems to me that we ought not to be doing this, and I would rise in apposition.

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

Yes. Thank you, Mr. President. Quite frankly, I don't think what this bill -- this bilk is a -- is a bad idea. The only problem, Senator Butler <sic> (Petkalr it -- it -- it should be expanded if youdre going to do thatr to help some of those small communities. For example: like suburban Cook Countyy you're -- you're talking about snall units of governments with veryy very limited financial resources: or opportunities for financial resources, who could, in fact, use this money fron the bonds, to develop smakk business projects in those areazr to tncrease the revenue in those areas. And -- and -- and I don 't thlnk it's a bad idea, but the problem is - I have with it - is, you did exclude those. Because one of things that I learned throughout this State, that many of the small units of governments are really having some difficult times just providing essential services, like fire and police protection and -- and sanitaticn kinds of thinqs to those communities, and they need neW revenue -- streams, new opportunities to -- for investments, and to encourage investments and to be able to provlde incentives Eo -- to -- for neW revenue generating projects Within those areas. And so this l74  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18: 1995 I is not a bad idea, but iE's discriminatory. PRESIDING OFFICER: (SENATOR MAITLAND) I Further discussion? Senator Bowles. I ! SENATOR SOWLES: l Thank you, Mr. President. 1, too , rise in oppositlon to this bill. The origtnal bktl -- the original organization of the Rural Bond Bank Act was to foster and promote, by a1l reasonable means the prcvision of adequate capital markets and facilities for borrowing money by rural units of local government. This bill protends to include the collar counties, and they already have access to the Illinois Financial Development Corporation. They can borrow money through that development organization. This Was intended for the rural areas of -- of the -- of the State of Illinois and provided a reasonably -- reasonable Way of borrowing money at a reasonable rate . I -- I am violently opposed bo the incluslon of the collar counties in this particular Rural Bond Bank Act. Thank ycu.

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

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

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yleld , Senator Fawell.

Senator: have we increased this Rural Bond Bank at all?

PRESIDING OPPICER: (SENATOR MAITLAND) Senator Petka .

Yes. The increase is a total of tWenty-five nillion dollars.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fawell.

l75  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 Well, according to my analysis, we've îone from a hundred I million to a hundred and fifty million, but cnly twenty-five of that goes to the collar counties. So for -- in other wordsr the Rural Bond Bank ends up for downstate with another twenty-five nillion dollars in their coffers for downstate. Is that righE? I PRESIDINGOFFICER: (SENATOR MAITLAND) l i Senator Petka.

Senator, I'm glad you brought that to my attentlon. I -- I had misspoke. The actual increase is from a hundred million eo a hundred and fifty million, which means a total increase downstate of twenty-five million, and twenty-five million in the collar counties. Bu* it also excludes any -- or home rule unit within the collar counties. Sa We are going to be deallng wlth that same categcry or class of communities in the collar countigs, that are currently excluded under the Rural Bond -- Rural Bond Bank Act. Itfs *he same type of community which is excluded: but which will now be included.

PRESIDTNG OFFICER: (SENATOR MATTLAND) Senator Fawell.

Well -- uell to th9 btll. Dawnstate, I hope you are listening. You gain -- you gatn twenty-five million more dollars. You end up kith a hundred and twenty-five million dollars to spend on your projectsr if this bill indeed pass. Right now, a11 you have is a hundred million dollars. You gain twenty-five million dollars. Do the very small towns in McHenry, in Lake, that are just starting to develop, get some of this money? Yes. But youfre the big winners in this. It is not the collar counties. Ands in fact, my county, I'm sure, will no* benefit whatsoever. But, I have seen the growth in Dupage County. I know What problems We had. McHenryr Kane and Will County are now facing I l76 y '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 those same problems with infrastructure, with water problems, with a11 kinds of problems that, frankly, small communities cannoe -- cannot handle on their own. We are talklng about a hundred-and-fifty-million-dollar bonds, a . hundred and twenty-five million of which goes, not to the collar counties, but to the rest of the State. You have gained, under this bill, twenty-five million dollars, lf you pass

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Severns. Senator Severns. SENATOR SEVERNS; Thank you, Mr. President. Would the sponsor yield for a question?

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

fenakor Petka, not as concerned as a downstater With the addition of -- of some cf the counties, having traveled like many others to many of those counties, think there 's a lot of rural areas in -- in some of *he collar counties. But I do understand that you're increasing the bond authorization, as you 've mentioned, but my analysis also says that you're adding duties as it relates also to the Treasurer. Is that corrgct?

PRESIDTNG OFFICER: (SENATOR MAITLAND) Senator Petka.

I don't knoW if you Want to refer to them as adding duties, but they Would be One Of the -- the Treasurer and the LieuEenan: Governor would be appointed commissioners.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Severns.

Does that enable the Treasurer to consummate any deals? l77  STATE OP ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRTPT 52nd Legislative Day May l8: 1995

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Senator, you have me tongue-tied rlght now. I -- 1 -- don 't - - don't -- not, quite franklyy know what her duties would be, other than being a commlssioner.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Severns. SENATOR SEVERNSJ To the point: Is she in a positlon of making a decision on any -- we 've increased the bonding levels from one hundred million dollars to one hundred and fifty million dollars, and -- and part of this addresses her additional duties. Does she have the ability to initiate or to halt any deals?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Senator, 1111 quote right from the bill what -- What her duties would be here. That as a representative either the State Treasurer or representative of her office, Who can attend commisstoner meetings and cast officer cast a vote as an officer towards a quorum.

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

Thank you, Mr. President. just wanted say Ehat a few years ago when there was an amendment, Nhen were putting the collar counties tnto the Rural Bond Bank legislatton a few years ago, or trying to: -- I first met with the head of the Rural Bond Bank - whom . I'n sorryr that I can 't remember his name right now to ask him whaE thak would do to it. You know, we didn't really want to be taking money necessarily from khe downstate l78  S'ATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 comnunitles, or d1d we want to be increasing the bond issue -- bondlng authorlEy way, way higher than it should be. So I -- I -- I had a meeting with him and he said, very frankly, that he would like to have the collar eounties in the Rural Bond Bank for these reasons: First of all, the money that's -- the the hundred million dolkars in bonds that's still -- that's there now, isn't being used. almost never used, ln any year do we ever ge* up to the hundred milllon dollars with the rural communities. And he thought that if the collar counties were added to it, we could get more use out this Bond Bank, and perhaps get lower rates for those communities that do make use of it. So he thought it was a - - an advantageous toolr not just for the collar eounties to be able to partake of it in some way, but for a11 the rural communities, because they would be able to access thesg bonds at a lower rate if there was more use being made out of the Rural Bond Bank. Sc I'm just -- you kncwr I understand that downstaters feel tbey can't vote for this bill or shouldn't but I donlt want you to think it's a suburban raid on the Rural Bond Bank: because frankly it's not. We wero -- T was told, very definltely, that it would be asset instead . It's a very limited amount, and it does increase the amount for downstater and hopefully more peeple Wl1l use it# and the rates could be lowered .

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Viverito.

lmicrophone cutoffl...would the -- Senator Petka yield ko a .. . question?

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

Thank you. Thank you. Why should a unit of local government in Dupage County, be afforded this opportunity, and some of the 179  STATE OF ILLINOIS 89TH GENERAL AESEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 more deserving -- or as deserving areas in Cook County be eliminated, when there is money available for this Cook County area as well?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Senator, in -- from my very limited experience in this area, 1, quite frankly, think that there will not be an abuse of -- of this Bond Bank by the collar counties with the potential that may exist in Cook County.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Viverlto.

But, what I'm saying, Senator, is why, we know in suburban Cook County we have some areas that are of low, very, very 1cw income, and I might -- I migh: state one particular, Ford Heightsr that certainly could use some bonding effort for their economic development and -- and many others as Well. A1l I'm saying is, I think your bill is goodz but why deny some of the suburban areas in Cook CounEy, as well? Why not include it?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Senator, right now, there I'm hard pressed to think of any conmunities in Cook County that are -- that are not home rule communities. This legislation excludes a1l home rule communities, nunicipalities, Within the collar counties and is designed primarlly for the same class of usage as is found in the other original ninety-six counties.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Viverito.

l80  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Welle T'm just going to end thls by telling you that Ford Heights is probably one of the four poorest the United States of America, and I'm askinq you lf khere's anything you might be able to do in this bill tc allow some of those partlcular areas to get some help . Thank you.

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

Thank you, Mr. President. Was beginning to have scme concerns about the -- the additional moniesy but you know when we looked at in the committee and we realized that dcwnstate Was gettin: an extra twenty-five millton dollars, and that in the collar counties it was so narrowly drawnr I wanted to expand it to be honest. And Senator Xarplel is absolutely rightr we should've expanded a llttle b1t more. But uhen you look at municipalities who -- and townships who have twenty-five thousand residents cannot partieipate this home rule municipallties in the counter collar counties, this almost excludes almost everybody in Dupage, half of them in Lake Countyy just a -- think, a handful in McHenry Ccunty Would even qualify, because they meet the twenty-five thousand people. Nok We're sayingz that theredll be extra dcllars for them, but there 's going to be a twenty-five percent, or -- or a twenty some percent increase for the collar counties and downstate. So downstate counties are going to make out on this. Collar counties that are rural in nature, which this whole thing was for, wl11 get a helping hand. I think that's a pretty good deal fcr both sides of upstate and downstate trying to work kogether. Okherwlse We keep pitting each other with khpsg regionaâisms' I don't think We should. I think this is a time we could help each other out and vote for this bill to help the downstaters, and some of the rural county collars <sic>. I stand suppcrL.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995

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

Thank you. Will the sponsor yield?

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

Senator, are you aware that we passed this bill out of here last year?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

No, sir.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw.

Well, we did. And are you auare that -- Well, if youlre not aware that we passed out of here, you 're probably not aware that Cook County was in this bl1l last year?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

I was not aware of any such legislation, sir.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw .

We -- to the bill: We did pass this bill out of here last year, and it -- did include Cook County. got over to the House, and they -- and the House receded from the amendment that - - and -- taken off the amendment that included Cook County, but it did pass this Body. And -- there are a number of communities in Cook County, and some in my districtr and one of *he previous  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day KaY 1995 speakers just mentioned Ford Heightsr but you also have Rcbbinsy Illinois, who is a non-hcme rule unit, who needs this type af program. And this would be applicable to them . And eertainly khere's other communlties, such as Robbins and Ford Heightsr Harvey -- but Harvey wouldn't qualify under it, but they need But certainlyy think it's it should be extended, and it shouldn't just go to one designated area. And lf we're going ko work for the benefit of a1l of the people of this State and try and help people -- local governments, I think that this kind of legislation would be a beginning to include Rcbbins and Ford Reights, and other comnunittes in suburban Cook. They could use They need and certainly they're at our mercy here in terms of looking for help. And we -- when we have a good piece of legislation like this, we should include them, and wish -- don't know khether this is final aetion on this bill: here or not, but if this bill should return Eo the House some kind of way, would hope khat you Would consider putting an amendment -- talking to the sponsor over there -- putting an amendment on to try and help sone of the other comnunities that need help so badly.

FRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Senator Burzynski. Senator Burzynski. Senator Burzynski, I -- your light is on. You don't Wish to speak. Senator -- Senator Hendon.

rise to make a motion we move the previous question.

PRESIDING OFFICER: (SENATOR MAITLAND) Sir, there are no further speakers. Senator Petka: to close.

Thank you, Mr. President, Members of the Senate. Some of those who spoke in support of this legislation have answered, much more eloquently than myself, the -- the real reasons and need for  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 this legislation. This package Was presented to myself, as an amendmenty by the Lieutenant Governor Bob Kustra and his office. Mr. President, for purposes of legislative tntent, I'd like to read ehe foklcwing lnto the record: ''The change made to the definttion of governmental unitr on page 2: is lntended to exclude only home rule municipalities in the collar eounties. This amendment is not intended to exclude townshlps, school districts, community colleges, or any other districts: included -- now included under the Rural Bond Bank Act.'' believe that the issue has been more than adequately discussedy and I eertainly Would urge a favorable roll eall.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall Hause Bi11 1850 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voked who wish? Have all voted Wha wish? Have all voted who wish? Take the record, Madam Secretary. On that questionr there are 28 Ayes, 22 Nays, 4 Members voting Present. House Bill 1850, having not received the required constitutional majority, is declared failed. Committee Reports.

Senator Weaver, Chairman of the Committee on Rules, reports that the following Legislative Measurers have been assigned committees: referred to the Commeree and Industry Committee - Senate Amendment Na . 1 to House Bill 14707 referred to the Environment and Energy Committee - Senate Amendment No. 2 to House Bill 2 929, motion to eoncur With House Amendment No. 1 to Senate Bill 327) referred to Ftnancial Institutions Committee Senate Amendments 7, 8, 9 and 10 Eo House Bill 377: referred to the Insurance, Pensions and Licensed Activities Committee - Senaee Amendment No . 2 to House Bill 32r Senate Amendments No. 4, 5 and 6 to House Dill 2108, motlon to eoncur with House Amendment No . l to Senate Bill 1717 and motion to concur with Senate -- With House l84  STATE OF ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT I 52nd Legislative Day May 18' 1995 j I Amendment No. 1 to Senate Bill 9787 referred to the Judiciary I Commëttee - Senate Amendment No. l to House Bill 1069, Senate Amendments 3 and 4 to House Bi11 1268, Senate Amendment No. 2 to House Bill 1437, Senate Amendment No. 2 ta House Bill 1792: motton to concur with House Amendment No. 1 to Senate Bill 866 and motion to concur with House Amendments 1, 2 and 3 to Senate Bill 11407 referred to Local Gavernment and Elections Committee - Senate Amendnent No. l to House Bill 150, Senate Amendment No. 2 to House Bill 505, Senate Amendments 5 and 6 to House Bill 974: Senate Amendment No. 2 House Bill 1108, and a mctlon to concur with House Amendment No. 1 tc Senate Bil1 774) referred to the public Health and Welfare Committee - Senate Amendmeat No . 3 to House Bill 2330, motion -- motion to concur wlth House Amendment No. 1 to Senate Bi11 86, motion to concur with House Amendment No. 1 to Senate Bill l76 and motion to concur with House Amendments l and 2 to Senate Bill 1095) referred to *he Revenue Committee - Senate Amendment No. 13 to House Bill 1212, and the motion to concur with House Amendment No. 1 to Senate Bill 3707 referred tc the Transportation Committee - Senate Amendment No. 2 to House Bill 1462, and the motlon to concur -- motion to concur w1th Hause Amendments k and 2 to Senate Bill 395 and Be Approved for Consideration, Senate Amendment No . 12 to House Bill 1212.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon, for what purpose do yau arise, sir?

Thank your Mr. President. Point of personal prlvilege.

PRESIDING OFFICER: (SENATOR MAITLAND) State your point', sir.

Thank you, Mr. Presidentr Ladies and Gentlenen of the Chamber. I have tKo of my constltuents Ms. Thomasa Yarrington and Bill Norrell from the Chicago Avenue Project, and I'd like for them to l85 - - .- - .- - - . ' '- .-  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 stand and be recognized by the Body. Mr. Norrell, *ho is in 1 . I charge of the loan fund , has taken money that this Senate 11 I appropriated to themy and gotten matching funds for a poor and I I blighked community in our district, totallng alnpst a half a million dollars and growing everyday. And we wanted to Welcome them to the Senate.

PRESIDING OFFICER: (SENATOR MAITLAND) Will our friends in the gallery please rise and be recognized by the Senate. Welcome to Springfield. Bcttom of page 10, House -- House Bill 1878. Senator Dudycz. Read the billf Madam Secretary.

House Bill 1878. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

Thank you, Mr. President. Eirst of all, I'd like to thank Senator Jacobs for relinquishing the sponsorship of House B111 1878, to me, since this -- the contents of the bill apply only to one conmunity in the State, and that's in my distrlct. The bill, quite clearly, provides that signs, billboards and advertising in certaln commuter -- commuter parking lots shall not be removed by the Illinois Departmênt of Transportation. It is signs, billboards and advertising placod ln a publicly owned and operated commuter parklng lot, servlcing public transportation and adjoined cn two sides by interstate highways, that do not interfere with vehicular or pedestrian traffic, as determined by Department rules, shall not be removed by *he DepartmenE. This is brought upon by an lnstance in the Village of Rosemont where hhere ls a I sign, it's my understanding,inplacenoWand -- and they asked j ' i86  STATE OF ILLINOIS 89TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 for thls language. I PRESIDSNG OFFICER: (SENATOR MAITLAND) 1 Is there discussion? Senator Cullerton. i I SENATOR CULLERTON: l Yes. Gponsor yteld? I

PRESIDING OFPICER: (SENATOR MAITLAND) Indicates he will yield, Senator Cullerton.

Senator Dudycz, I understand that there's a sign that's at the - - in Rosemont at the CTA terminal there, and technically the sign is on Department of Transportation land, Which is dedicated for a right-of-way for a road. Andr as a result, youfre not supposed to have signs on it, and that's why we're passing this blll. Is that correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

.. . to allow -- allow the slgn to stay?

PRESIDIHG OFFICER: (SENATOR MAITLAND) Senator Dudycz.

Well, Senator Cullerton, the information I receivedr it's publicly owned and -- and I was told that it's in Rosemont, and it is on public property, and the Village are the ones that are asking for this language, so that IDOT Would not remove the sign. And IDOT is neutral on *he blll.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cullerton.

So my question is - I'm just curious - who owns *he sign? Does the Village of RosemonE own *he sign. or is it a -- a i I p rivately owned sign , and Nho gets the revenue? Does the l i l87 . ' .  STATE OF TLLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legiskative Day May 18, 1995 Department of Transportation get the revenue slnce they own the land?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator -- Senator Dudycz.

- - I have no idea Who owng the slgn, Senator Cullerton.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Culkerton.

Wellr I -- I understand What you're doing. not opposed to leaving the sign up. I'n just curious, if it's on Illinois Department of Transportation land, I assume were getting paid the royalties for the slgn, which is, as you probably knou, an extraordinary amount of money could -- can be an extraordinary amount of money. And I just wanted to make sure that -- since we 're going to leave the sign upy and -- that we'd we know who's getting the money. And you'd have no idea who getting the money;

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

Nor Senator, I don't. And I don't know that the Department of Transportaeion ls ouners of thls land. This is not the information I received . And I think that if they were the owners of the land, they would be opposed to the bill. But my analysis says that they are neutrat, and -- and proceeding with the bill. And just like the House, which passed it with a vote of one hundred to sevenr I would hope that we would follow suit.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cullerton.

Let me just make something clear. If kt's my understandlng l88  STATE OF ILLINOIS 39TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 52nd Legtslative Day May l8, 1995 ls: the reason why we need the legislation, is that it is State property. It's State properEy thae was acquired for highway rkght-of-way. The current law says, you can't have a billboard on State property that's a highway right-pf-way. We 're passing a law that w1l1 affect one sign in the State of Illinolsr and all I'm asking is, can you verify -- don't we know who's getting the revenue from the -- from the sign? And I -- I know it's on State property, so I would hape that Ne're getting the revenue.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

Well, you must have some information that I don'tr Senator Cullertonr because I do not know, speclfically, where this sign is located or who is the owner of it, or who 's getting the revenue from kt.

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

Just to seek your afftrmattve vote.

PRESIDING OFFICER: (SENATOR MAITLAND) The question îs, shall House Bill 1878 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wlsh? Have al1 voted who wish? Have all voted who Wish? Take the record, Madam Secretary. On that questicn, there are 57 Ayes, no Nays, no Members voting Present. House Bill 1878: having received the required constktutional majority, is declared passed. House Bill 1891. Senator Sieben. Read the bill, Madam Secretary.

House Bill 1891. (Secretary reads title of bill) 3rd Reading of the bill. 189  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8? 1995 ' I i PRESIDING OFFICER: (SENATOR MAITLAND) I i j Senator Sieben. SENATOR SIEBEN: ' Tbank you, Mr. Presldent. This legislatlon authorizes the Attorney General? the State's attorneys, and the Child and Spouse support Unit of the Departmeat of Public Aid, to request and receive from employers, labor unions, telephone companies and utillty companies, location information about putative fathers and noncustodial parents to establish paternity, or to establishr enforce, or modify a child support obligation. With the amendment ' that informatlon was 1imited to salarles, wages and other compensation paid and health insurance coverage provlded by tbak employer. And I ask for an Aye vote. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 1891 pass. Those in favor will vote Aye. Opposed. Nay. The votlng is open. Have a1l voted Who Wish? Have all voted who Wish? Have al1 voted Who wish? Take the record, Madam Secretary. On that question, there are 57 Ayes, no Nays, no Members votlng Present. House Bill 1891, having received the requlred constitutional majority, is declared passed. House Bill 1910. Senator Hasara. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER : House Bill 1910. (secretary reads title af btkl) 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR MAITLAND) Senator Hasara. SENATOR HASARA: Thank you, Mr. President. House Bill 1910 is a clean-up bill and a rewrite of the Statutes affecting guardianships for disabled adults from tbe Guardianship and Advocacy Commission. There are a j 190 . . ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day May 18, 1995 number of polnts. 1'11 mention a couple, and I'd be glad to answer any questions. One says, if the court appoints the Office of State Guardian as guardian, the court must find kbat no other person is willing to accept the appointment as guardian. Another, requires that information alleged in a petition for guardianship must be known to the petitioners, or be reasonably ascertainable. That's a protection for the -- for the recipient of the guardianship. There are several other changes. Theydre a11 pretty simple and straightforward. And I'd be glad to answer any questions, and would ask for a favorable roll call.

PRESEDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question isy shalk House Bill 1910 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who wish? Have all voted who wish? Have a1l vcted Who Wish? Take the record, Madam Secretary. On that question, there are 59 Ayesr no Naysr no Members voting Present. House Bill 1910, having received the required constitutional majority, is declared passed. House Bill 2177. Senator Madigan. Senator Madigan, on the Floor? House 3i11 2236. Senator Cronin. Senator Cronin. Read the bill, Madam Secretary.

House Bill 2236. (Secretary reads title of bill) 3rd Reading of the bill.

PREGIDINC OFPICER: (GENATOR MAITLAND) Senator Cronin.

Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. This bill seeks to amend the Code o: Criminal Procedure to furEher tighten up the filing period for post-conviction petitions. It places -- a no more than six months after issuance of the opinlon 19l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislabive Day May 18: 1995 I I from the Illlnols Supreme Court, or six months after the date of I the order denying the certiorari by the U.S. Supreme Court of the ï I daee for fiting such a petition, with no more than forty-five days I after . the defendant files his briefs to the appeal of the sentence I before the Illinois Supreme Court. Last year's change is retained r so it still is, the sooner ar th9 above, three years from convicklon. It passed out above unankmously -- passed out unanimously of the committee. I know of no opposition to thq billy and it passed out on the Agreed Bill Llst, as a matter of fact. I ask for your favorable eonsideratton.

PRESIDING OPFICER: (SENATOR MAITLAND) Is Ehere discussion? Senator Shaw .

Will th9 sponsor yleld?

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

Senatory could you tell us why ycu are shortening the perlod of time for an appeal? I thlnk you 're going from six nonths to -- is it forty-five days or something? Could you explain what -- what the bill does?

PRESIDING OPFICER: (SENATOR MAITLAND) senator cronin.

We want to move things along a little quiekerr so that cltizens of the State of Illinois are entktled to a swift justice.

PRESIDING OPPICER: (SENATOR MAITLAND) Senator Shau.

Certainly. And I concur with the swift justice, but th9 fact is, that if we -- if we shorten the time where that a person Would j have to make the appeal, and you cut him cff -- cut off the l92 ) ' . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SBNATE TRANSCRIPT 52nd Legislative Day May l8p 1995 process from him, wouldn't -- isn't there some -- isn't there a possibility that you might wind up sendlng a 1ot of people to the . I -- to the gas chamber, or electrie chair, or the -- however we do l it, unjustly? Justice should move -- justice should move slow. I PRESIDING OFFICER: (SENATOR MAITLAND) l I Senator Cronkn. I I I END oF TAPE I I i TAPE 5 . 1 SENATOR CRONIN : The -- the -- the net difference here, Senator Shaw, would be a change that amounts to about sLx months in the appeal process. We're trying to move it along. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw. SENATOR SHAW: Long as -- long as the appellate prosecutors is the 1ne to handle these death penalty cases, what is the Appellate Prosecutor's position on this bill? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin. SENATOR CRONIN: They like it very much, I'm told, and the AppelkaEe Defender's Office llkes it almost as much. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw. I SENATOR SHAW : ' That's what I meant, the Appellate Defender. The -- j I l93 ( '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 I certalnly, I think -- to the bill: I think that in some cases . justice should be swift, but I think that We tooked at a -- a case 1 here the other day in Illfnois where I have mixed emotions abouE, ! and one the jurors said that they -- he had -- he Would have voted j a different way, even though the prccess had been closed off to Mr. Davies. But certainly We shouldn'k close that process off in terms of talking about What the police officers did to Mr. Davies. And you might have some other Mr. Davies out there Who -- Wha 's illiterater can 't read or Write, intimidated by the police officer or officersr and they might sign a statement under the threat of duress or sonething. But when you pass this type of legislationr certainly death is final, and I think Ne should -- we should lock at this and we should look at this legislation, think about lt, and -- and consider the people that We have working on crime . A11 of those people are not perfect. They are not perfectr and they write up the right report on you and you get charged and go before a judge and jury and get the death penalty. And certainly, it's too late, after you have been lnjected with that serum that they inject you with, And I think we -- We need to thlnk about thisr and I -- I don't think that it should be a rush to judgement ln terms of this type of legislatlon. And there's no doubt in my mind that this legislation is gcing to fly out of here, because this is what -- we feel as though that this is what the people want, of thls Skate. But those of us who serve in this Body, we sbould be mindful of we have some police offlcers that might do the Wrong thlng and charge somebody unjuskly out there and send that person to the chamber -- gas chamberr unjustly. We should i I look at it and slow the process down. 1 ' PRESIDING OFFICER: (SENATOR MAITLAND) Ladies and Gentlemen: We are -- we are beginning to wind down. . We are getttng a bit restless. Let's please give the speakers I your undivided attention so we can move -- move quickly to the I l94 ' )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May l8: 1995 close of the day. Further discussion? Senator Molaro.

Mr. President and Ladies and Gentlemen of the Senate, I'm going to support this legislation. I supported it in committee. Let's remember we always have habeas corpus. It's probably the only way we're ever going to get a reversal in this State, and it's part of the Constitution. I Would just like to ask the sponsor -- he is correct. We're only -- we're only slowing this down by six months, correct? That's it...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin. Senator Molaro .

The staff was responding yes. That's -- no offense to the sponsor, but that's good enough fcr me. So I -- I appreciate that.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Petka. Further -- Senator Cronin, to close.

I ask for your favorable consideraticn.

PRESIDING OPFICER: (SENATOR MAITLAND) The question isf shall House Bil1 2236 pass. Those ln favor will vote Aye. Opposedz Nay. The voting is open. Have all Vlted who wish? Have a1l voted Who wish? Have al1 voted who Wish? Take the record, Madam Secretary. On that questicn, there are 53 Ayes, 5 Nays, no Members voting Present. House Bi11 2236, having received the required constitutional majority, is declared passed. House Bl1l 2317. Senatcr Ralph Dunn. Read the bill, Madam secretary.

House B:l1 2317. (fecretary reads Ektle of bkll) l95  SPATZ CZ XZEYKCYS 6995 GENSRAS ASSCZCSY REGULAR SESSION SZNAPC TRANSCRIPT 52nd LegislaEive Day May l8r 1995 I I 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR MAITLAND) SenatorRalphDunn. 1 SENATOR R. DUNN: ' Thank you, Mr. Presidenty Members of the Senate. House Bill 2377 dsie> amends the Criminal Code to allow for extended Statute of Limitations on criminal sexual assaul: and aggravated crlminal sexual assault from three years to five years; that is, provlding the victim reported the offense to 1aW enforcement Within six months of the offense. The second part of it creates the offense of possessing or selling nitrous cxide, which is known as laughlng gas, wtth the kntent to breathe, inhale or ingest it for the purpose of intoxicatlon or euphoria. Exempts nitrous oxide administered in medtcal or dental care by a licensed practitioner. This bill -- House Bill 2317 passed out of the Judiciary Commi*tee 11 to nothing. 1'11 be glad to answer any questions and appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If notr the question is, shall House Bill 2317 pass. Those in favor w11l vote Aye. Oppcsed, Nay. The votlng is open. Have al1 voted who wish? Have all voted who wish? Have a11 voted Who Wish? Take the record Madam Secretary. On that question, there are 57 Ayes, no Naysr no Members votkng Present. House Bill 2317, having recelved the required constitutional majority, is declared passed. House Bill 2338. Senator Cronin. House Bill 2407. Senator Weaver. Senator Weaverr you wish this bill recalled to the Order of 2nd Reading for *he purpose of amendmenk? Senator Weaver seeks leave of the Body to return House Bt1l 2407 to the Order of 2nd Readin: for the purpose of an aRendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Eouse Bilk 2407. Madam Secretary, are therg any Floor amendments approved for l96  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18: 1995 consideration?

Amendment No. 2, offered by Senator Weaver.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver.

Thank you, Mr. Chairman and Members of the -- ehe Senate. Floor Amendment No. 2 addresses some concerns that the County of Cook and the City of Chicago had in the Medical Center commisslon Ksic> District, and I wculd move its adopticn.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there dkscusskon? Is there discusskon? Senator Weaver moves the adoption of Floor Amendment No . 2 to House BLll 2407. Those ln favorr say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any fur*her Floor amendments approved for consideration, Madam Secretary?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 2429. Senator Rauschenberger. Senator Collins, for what purpose do you arise?

Yes. Thank you, Mr. President. In looking at our staff analysis on Senate Bill 2336, I saw some new infarmation, and I would like the record to reflect that had I had the informattonr I uould have voted No ins*ead of Aye. House Dill 2236.

PRESIDING OFFICER: (SENATOR MAITLAND) The record will so indieate what your intentlons would have been, senator collins. A1l right. Ladies and Gentlemen, bottom Of page 15, Secretary's Desk, Resolukions. Senate Resolution 59. Senator Hasara. Read the resolution, Mr. Secretary.

STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leqislatlve Day May l8, 1995 I Senate Resolution 59, offered by Senators Hasara and Woodyard. There are no committee or Flocr amendments, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara.

Thank you r Mr. President. This resolution asks the federal government to reconsider closing the Springfield Small Business Administration Office. This office serves many, many downstate counties and has been very successful in assisting small businesses. I would ask for its adopticn.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there -- is there discusslon? Is there discussion? Senator Hasara moves the adoption of Senate Resolution... Senator Jones, for what purpose do you arise, sir? There Were -- there were no lights on When 1...

I'n sorry. I just caught this at the last ninute, Mr. Presldent. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she Will yield: Senator Jones.

Senator Hasara, is that an attempt to close this cffice, is the current administration, the Presidentr trying to close the office in Springfield?

PRESIDING OFFICER: (SENATOR MAITLAND) SenaEor Hasara.

That's my understandingr Senator.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones.

Or is thls part of the Contraat with America in dcwnslzing l98  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18, 1995 gcvernment? Is it part of the Contract with America that's coming over from reason why I'm asking that question, because -- I knew of nothing that the administration Was dolngr except for Congress was attempting to do -- in downsizing government. So , is this part of the Contract With America that the Speaker of the U.S. House, Newt Gingrich, pushing through?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara.

really dcn't knaw, Senator.

PRESIDING OFFICER: (SENATOR MAITLAND) Further dlscusslon? Senator Jones.

Well, believe thls is part of his budget-cutting neasures that we -- thak is coming down from the -- the Congress of the United States, and what I Would suggest, Senator, or future mayor: is that you write your congresspersan, or write Newt Gingrtch, because when individuals stand up and say we want these things done but in this resolution doesn't identlfy the culprits who are *rying to take thls office away. This part of the Contract with Amerlcan, rushing through government, hurting people and hurting the people of Springfield. And I I wish the resolution would address Ehose individuals who are doing it, rather tban just memorialize Congressr because I don't think al1 congresspersons are trying to do that.

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

Briefly, Mr. President and Ladies and Gentlemen of the Senate. That's exactly why she's pushing forth this resolutionr to send a reminder to Congress and not -- and forget about our political byways, and I speak for the resolution. 199  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day 8aY 1995

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara has moved the adoption of Senate Resolution 59. Those in favor, say Aye. Opposed, Nay. The Ayes have 1t, and the resolution is adopted. Senate Resolution 61. Senator Dudycg. Read the bill, Mr. Secretary.

Senate Resolution 61r offered by Senator Dudycz. There are no committee or Floor amendments.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

Thank you, Mr. President. The Calendar says that the resolution persuades the Congress to protect the sancttty and the lntegrity of the eighty-year-old home mortgage lnterest deduction, and I just wish that we can have resoluttons that persuade the Congress to do anything. Butr in fact, what the resolution does, it commends and supports the Illinois Assoclatlon of Realtors: as well as the Northwest Association of Realtors in Chicago who drafted this resolution their efforts to persuade the U.S. Congress to protect the sanctity and integrity of the home mortgage interest deduction and to take no federal action that would result in either limiting or eliminating the interest deduction afforded to homeowners. I know of no objection to this and would seek your affirmative support.

PRESIDING OFFICER: (SENATOR MAITLAND) Is Ehere -- is Ehere discussion? fenator Collins.

uould jusE say diEto to what Senator Jones said before. This is another one of these resolutions to -- to -- to save face hete. This is what the Republieans are doing to balance the budget in Congress. It is wrong. have to say that -- that it's a good idea, but it's to save your own hkde . 200  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995

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

Yes. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR MAITLAND) He indicates he will yield: Senator Cullerton.

Does -- does this resolution cover *he second mortgage on a second home up to a million dollars? Do -- do We Want Eo retain that deduction as well?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

I I I'm sorry. I didn 't understand the questian, Senator. Did you say, if it covers your two-million-dollar second home? PRESIDING OFFICER) (SENATOR MAITLAND) Further discussion? Senator Culkerton.

Yeah. Here's how it works, I think. Your primary residence, you get to deduct everything, even if it's a five-milllon-dollar home. And then if you have a second home, the federal government has limited your deduction on the interest on your mortsage for the second home to a million dollars. So, I just Want to make sure that -- that this resolution covers the current law. We Want to nake sure we get to retain Ehat million-dollar deduction on Ehe second home, as well.

PRESIDING OPFICER: (SENATOR MAITLAND) Further dtscussion? Sena*or Dudycz, to close.

JusE -- like for this resolution to cover ny next-dcof neighbor's hundred-and-fifky-thousand-dollar home-mortgage 20l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 deduction and all the others that are applicable currently.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz noves the adoption of Senate Resolution 61. Those in favor will say Aye. Opposed , Nay . The Ayes have apd the resolutton is adopted. Senate Resolution 68. Senator Woodyard. Read the resolution, Mr. Secretary.

Senate Resolution 68, offered by Senators Woodyard and Weavpr. There are no committee or Floor amendments, Mr. Presidenk.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Woodyard.

Thank you, Mr. President, Members of the Senate. This resolution was suggested by the University of Illincis College of Agrlculturer and after you get through the whereasesr what it Nould do is establish a joint study committee within the Senate Ag-conservation Conmittee and the House Ag-conservation Committee to work with the University in developing the role of the land grant colleges in the future in its College of Agriculture. That's what the resolution does.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is, shall Senate Resolution 68 be adopted. Those in favcr Will vote Aye. Opposed, Nay. The votlng open. Have all voted who wish? Have all voted who Wish? Have a1l voted Who Wish? Take the record, Mr. Secretary. On that question, there are 59 Ayes, no Nays, no Members voting Present. Senate Resolution 68 (B adopted . House Joint Resolution 33. Senator O'Danfel. Read the bill, Mr. -- read *he resolution, Mr. Secretary.

House Joint Resolution 33, offered by Senator O 'DaniP1. There are no commlttee or Floor amendments. 202 i STATE OF ILLINOIS 89TH GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 I PRESIDING OFFICER: (SENATOR MAITLAND) I SenatcrO'Daniel. j SENATOR O'DANIEL: Thank you, Mr. President and Members of the Senate. House Joint Resolution 33 urges the Congress of the United States to propose to the states an amendment to the Constitution of the United States which would specify that Congress and the states have the power to prohibit the -- the physical desecration of the United States Flag. And I would ask for the adoption. PRESIDING OFFICER: (SENATOR MAITLAND) ' Is there discussion? Is there discussion? The question is, shall House Joint Resolution 33 pass. Those in favor will -- will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. senate Joint Resolution 15. Senator Palmer. Senate Joint Resolution 2l. Senator Mahar. Senate Joint Resolution 44. Senator Parker. Senator Parker? Read the resolution, Mr. secretary. SECRETARY HARRY: Senate Joint Resolution 44, offered by Senator Parker. No commlttee or Floor amendments. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Parker. SENATOR PARKER : Thank you, Mr. President, Ladles and Gentlemen of the Senate. Supplemental Security Income ls a federally funded and administered need-based program that provides monthly cash benefits to cover food, shelter and clothing to persons Who are disabled, blind or age sixty-five or older. Senate Joint Resolution 44 urges theU.S.Congresstocarefullyconsiderthe 1 impact that the proposed changes in the Supplemental Security Income Program will have on the states and on the populatkon served by the progran. In addition, tt urges Congress to makntain i 203 ' . )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIOS SEHATE TRANSCRIPT 52nd Legislative Day May l8, 1995 l the SSI Program as administered by the federal government at the federal government level. This resolution supports the National Governors' Associatlon posltion. I would ask for a favorable vote .

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Jones. SENATOR JONESJ Yeah. Thank you, Mr. President. Again, here we go once again. It's part of the Contract with America . The Social Security income, and -- which Newt Gingrieh sald he golng to cut out, but it's a shame that no one on that side of the aisle, Nhen they stood on the sbeps of the Capitolr opened their mouth and said a mumbly word. NcN we come in Nikh these resolutfons memorialtztng Congress. The resolution should be more specific. It should have Newt Gingrich in there and al1 those individuals who stood there trying to cut programs that are çoing to hurt people, rather than passing these meaningless resolutions. So again, youdre trying to save face. I understand. We'll give you a vote.

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

Yes. I had a question of the sponsor.

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

A few weeks ago Senator Watson had a resolution urging a balanced budget in this country, and it passed out of here. And now we have a resolution urging Congress not to pass one partëcular facet of getting to that balanced budget that Senator Watson urged. Now I'm just wondering how, Senator Parkerr a person can be a follower of Senator Watson, a ''Watsonite'' I guess you might call themr and -- and yet -- and yet vote for this in good 204 . y . '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8' 1995 conscience.

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

Thank your Mr. President. Will the sponsor yield for a questkon?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she will yield, Senator Hawklnson.

Senatorv without the text of the amendment and just your explanation in mind, you're not suggesting by this, are you, that that program doesn't need tightening up?

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Parker.

You're absolutely correct. There is no intention here that shouldn't be changed or tightened in sone way to manage better. The thing is that we are ccncerned bringing this back to the State at Ehis time would be an economic problem for this State, and it should be kept at the federal level with more study.

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

So -- so your resolution is aimed at keeplng it administered at the federal level, but youdre not suggesttng that there shouldn't be some restrictions on the current program .

PRESIDING OFFICER: (SENATOR MAITLAND) Purther discusskon? Senator Parker moves the adoption of Senate Joint Resolution 44. Those ln favor, say Aye. Opposed, Nay. The Ayes have and the resolution is adopted. Senate Joint Resolution 45. Senator Cronin. Read resolution, Mr. secretary. 205  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 52nd LegislativeDay May 18y1995 1

Senate Joint Resolution 45, offered by Senator Cronln. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR MAITLAND) Eenator Cronln.

Thank you very much, Mr. Presidentr Ladies and Gentlemen of the Senate. We had an opportunity to debate this issue in committee pretty thoroughly and on the Floor the other day. This is the resolution that authorizes the Toll Highway Authority to expand the toll bighway system to include an O'Hare Airport bypass with extension. This has been a project that's been in the works for -- for a number of years. The project consists of two distinct segments. The OfHare bypass would connect the NorthWest Tollway in the vicinity of the Elmhurst Road interchange with the Tri-state Tollway near Grand Avenue. The corridor lles withln the Western boundary of O'Hare Airport and terminates at the existing tollways. The extension Would connect the proposed Elgin-o 'Hare Expressway at 1-290 with the O'Hare bypass at York Road and generally follow alignment of Thorndale Avenue. The extension has been ldentified as the eastern portion of the Elgin-o 'Hare Expressway and would provide western access to O 'Hare Alrport. This -- this resolution addresses some major traffic congestlon problems that have existed for -- for many years recently in and around O'Hare Alrport. And We think that this would alleviate traffic congestion in Ehat area and provide a better quality of life for people in and around the O 'Hare Airport area, and I ask for your favorable consideration.

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

Thank you, Mr. President, Members of the Senate. I believe I 206  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 I ! that this resolution is in violation of State law. We have a I I Statute an the books, it's Section -- it's Chapter 605 ILCS l0/l4.1y Approval of plans and estimates Of cost by Governar. The Authority - that's the Tollway Authority - shall, prior to the issuance of any bonds under this Act, except refunding bonds, prepare and submit to the Governor fcr his approval preliminary plans showing the proposed location of the route or routes of the particular toll highway for which the bcnds are to be issued. The next Section says that prior to submission of the preliminary plans to the Governor, the Authority shall hold a publtc hearing at which time any person may appear and express their opinions. After you have the public hearingr after the Authority, prior to issuin: the bond, prepares and submits to the Governor for his approvalr then the Skatute says if the Governor shall approve the preliminary plans and the estimate of the costs, the Authority may thereupon proceed with the issuance of bonds. But prior to the issuance of bonds for the -- commencement of construction: the Toll Highway Authority shall be authorized by jolnt resolution of the General Assembly . So because it's the end of May and because we're in Session and because we're into our -- our -- doin: our thing down here with Chicago and a11 the other stuff: we 're rushing in and doing our authorization of the jolnt resolution before we had the public hearing, before the Governor submitted the plans. Sa someone wkll fële a lawsutt, cite this Section, cite this debate and say that they can't issue the bonds. And you know how bonds are. Bonds are -- before theylre issued, they do a study that qoes through everybody's -- well, they do a very thorough study before any bond -- due dîligence - thank you - would be a very good term to use, and they won't issue these bands because Ehey didn't follow the Statute. So I think for that reason alone we should vote No.

PRESIDING OFFICER: (SENATOR MAITLAND) 207 ' l . ,  GTATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 Further discussion? Genator Collins.

Yes. Thank you, Senator Cullerkon. This -- the issue was raised (n the committee, and -- and, Senator, you repeatedly said that you were working within the confines of the Statutes, and we do have *he Statuter which Senator Cullerton just read from. Therefore, it -- it -- it really leads me to believe what -- what said in the committee, and that was this is another attempt another attempt to landlock O 'Hare field. Now I understand and not opposed eliminating, as to the extent possible, Some of the traffic congestion out there. I don't think anyone would be oppcsed to doin: that. But it's -- it's the process by which you are proceedlng to do sor and you're going outside of the limits of the law. And therefore, it ralsed the issue of of being suspect as to just what and why this ls being done in the place based on the areas that you say are planning to do it. The other problem I have with it is that the Toll Authority, We have some real serious problem kith them in Eerms cf accountability and khat theylre doing. Ycu know, when they first issued that authority - the authority to go out and to -- to sell the bonds to build the roads and everythinç, they Were to pay back those bonds and -- and then the roads would be free. But instead, We 're eonstantly expanding and expandinq and they 're taking in more noney and more money with less accountability and nlsusing money. And so we don't want to keep granting these people authorities without a plan - a concreke plan - that has been approved and signed off by the Governor before Wer the Legislature, take this acelon. And so you're kind of puttlng ehe cart before the horse here, and would just say that we shouldnft act on this -- on this amendment at this -- on this resolution at this time.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Welch. 208  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18r 1995

Yes. I -- I had a question of the sponsor.

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

Senator Cronin, your remarks you said this Was for the betterment of the life and safety of residents of the area. What roads would an individual drive on currently that would be replaced by this toll road? What -- what highway would you be on to bypass O'Hare?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronln.

Well, we're nct replacing anything; Welre just supplementing, improving quality of life. Wefre -- the project Will divert traffic from both T-l90 and the Tri-state on the eastern side of O'Hare. This will provide relief from the serious level of traffic congestion currently experienced ak the Airport's primary existtng entrance as well as reduce delays for those bypasstng the Airport. Significant traffic volumes be accommodated by this O 'Hare bypass and the extension and relieve local routes. Local routes that go through neighborhoods and eommunities of traffic destined for the existing interstate highway system. This project provides western access to O'Hare Airport, as Well.

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

Are you going to be closing public roads that are open noW and replacing them with a tollway, or will the tollway go thrcugh unused land or forest preserve area, as well as part of O 'Hare Airport?

PRESIDING OFFICER: (SENATOR MAITLAND) 209  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 Senator Cronin.

Well, I can 't tell you the exact specifics, but I know that we're golng to be very sensitive and very cognizant of any issues that may have impact on the environment and neighborhocds and communities. The goal is to improve quality of life and improve traffic movement through the area.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch.

How much -- how much will ccst to drive on the ''Cronin Tollway''?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.

It Will be a minimal user fee - very minimal.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch.

Senator Cronin, just -- I just find it uncharacteristic of you, as a fiscal conservative and a person who 's always been concerned about his constituents, to impose upon them a paying toll highway as opposed to a freeway. Why do you want to make your constituents pay money Eo use highwaysr instead of letting them use a freeway? I dcn't understand why you want them to pay for something they can get for nothing, now. ThaE doesn't make sense to me, and I think it's inconsistent With your philosophical views down here over the last couple of years. Could you explaln why you're departing from your usual fiscal conservaklsm here today?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin. 210  STATE OF ILLINOIS 89TH GENERAL ASSEMBLT REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8s 1995

Well, as you know, there's never anything for free. Everything casts. And consistent With my philosophy of fiscal integrity is also responslbilityy acccuntabtlity. And , you knpw, for those eho use the tolluay, ie's probably fair ehat the users pay a minimal, fair user fee. How was that?

PRESIDING OFFICER: (SENATOR MAITLAND) Further -- further discussion? Senatar Weaver.

I'd move the previous question.

PRESIDING OFFICER: (SENATOR MAITLAND) There are one, two, three, four, five additional speakers. Senator Shaw. SENATOR SHAW) Thank you. Mr. President. Will the sponsor yield.

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

How much will this cost' Senator Cronin.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.

Well, they -- with the authorization of this joint resolution, the Toll Hiqhway Authority is -- is permitted ta issue bcnds. That's a debt instrument thae is paid baok by the tolls.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw.

Maybe I wasn't talking plain enough. How much Will cost? Give me the dollar figures.

PREGIDING OFFICER: (GENATOR MAITLAND) Senator Cronin. 21l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995

Well, it depends how you define cost. PRESIDING OFFICER: (SENATOR MAITLAND) I Further discussion? Senator Shaw. . 1 SENATOR SHAW: ! Are we building anything, and -- maybe We're not building I anythinq.Arewebulldinsanything? j

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin. SENATOR CRONIN ) We,re building jobs for the AFL-CIO, who is in support o: this bill. We believe in jobs and ue also believe that this will alleviate traffic congestion and improve quality of life in and around O'Hare.

PRESIDING OFFICER: (SENATOR MAITLAND) senator Shaw.

I understand that. In -- in -- in 1992, when this study was conducted -- according to the Tollway Authority, the study Was conducted in 1992 and the toEal cost of the expansion that you Want to put your name to, at that time, my analysis said cosk six hundred and twenty million dollars. Is -- is that a figure that -- can you accept that figure?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.

Well, I've been informed by the Tollway Authority more recently than 1992 and they tell me that as of todayy that those figures are wrong and that through traffic -- increase in traffic and Ehe tolls, that they Will be able to finance thisp and in the end: it Will be a moneymaker.

PRESIDING OFFICER: (SENATOR MAITLAND) I 212 . L '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Senator Shaw.

To the -- to the resolutlon: According to the Tollway Authority's own brieftng papers, they stated khat in 1922, that was six hundred and twenty million dollars. The cost has gane up since that time, and what you are trying to do here is authorize the Toll Authority to float bonds of over a half a billion dollars that would impact the taxpayers and the -- some of your own Members - Senator Butler's district. He 's qoing to be paying -- his people is going to be paying thls six hundred and tWenty -- ar six hundred and fifty million dollars cost - everyone that use this tollway - after *he bonds are floated. And a1l of those northwest slde distriets over there will be paying the cost, and T would not think that you would introduce this type of resolution when this tollway Was supposed to have been paid for more than twenty years ago - twenty years ago - and you still are charglng the people of the area for the use of this tollway . think -- and now you want to come back and add another -- float another thirty or forty years worth of bonds that our great grandchildren wtll be paying for. I -- you knowr I didn't think you was one of the big spenders, but Ehts is not a big spender. I understand you represent that elephant and he's a big fellae but thls is too much cost on the people out there. And, Senator Cronin, -- just donft believe that you want this resolutionr not to try and get back at Mayor Daley up there or something. The people of your district don't want you -- don't want to pay this kind of money for a tollkay. The people of Representative -- Senator Butler's district don't want to pay Ehls klnd of money for this tollwayr just to be trying to spite the City of Chicago. This -- when you wind up here, you're talking about over a billion dollarsr just for one project, because somebody on your side of the atsle is mad at the Mayor of Chicago. That is unfair to tbe people of this 213  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 State. And I don't think -- When the Senators Who surround this tollWay look at this cost and have to go back and explaln it to their people, think they're going to have a hard job to do. talking about ''I uas mad at Mayor Daley and We wapted to close down O 'Hare.'' That's not a gocd enough explanation. You're gcing in the bottom of the pockets of the people of -- of those districts.

PRESIDING OFPICER: (SENATOR MAITLAND) Further discussion? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. A question for the sponsor.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he yieldy Senator del Valle. SENATOR dEL VALLE: Senator Cronin, Senator Cullerton did refer to the Statute, and the way I read the Statute, I -- I think that this resolution is -- out of sequenee herer because according to the Statute: the Governor has to approve a preliminary plan which includes an estimate of the costs of construction. Did the Governor approve a preliminary plan that includes the cost of eonstruction?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.

I don't know that the Governor did , but I know that there has been plans developed and -- and discussed and debated for years. Before any issue arose with Mayor Daley, this need has been identlfied. Senator Shaw htmself pointed out a study that Was -- that was published in 1992. Thts not a new issue, and to suggest that it is somehow or other in response to whaE's happened of late is just really unfair. ïour reading of the Statuter Senator del Valle and Senator Cullertonr youlre entitled to your opinicn, but we respectfully disagree. There are separate and 214  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8y 1995 independent steps in the Statute. There may be some sequence laid out for the Gcvernor in the Executive Branchr but we read the Statute to suggest that -- that -- that it does not 1ay out a sequence of action with respect to the action of the lllinois General Assembly. We can act here prior to the issuance of jonds. That 's what I have the Statute here -- right here . Prior to *he issuance of bonds for the commencement of construction of any koll hlghway, however: that particular toll highway shall be authcrized by joint reoolution. It does not say within that sentence Wlnen it should kake place in relationship to the other sentences that you are citing. So, you're entitled to your interpretation of it, but ke respectfully disagree. PRESIDING OFFICER) (SENATOR MAITLAND) Senator del Valle. SENATOR dEL VALLE: Again, I have tc cite the Statuke. It says Hif the Governor'' if the Governor shall approve the prelininary plans and the estimate of the costs thereof, the Authority may thereupon proceed kith the issuance of bonds. I read this to say if the Governor approves then everything else moves forward, but the Governor has to sign off first. And so I -- k -- have to differ with you. think you are not readin: correctly.

PRESIDING OFFICER: (SENAQOR MAITLAND) Further discussion? Senator DeLeo. SENATOR DeLEO: Thank you, Mr. President. Would the sponsor yield for a couple questions?

PREEIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator DeLeo. SENATOR DeL2O: Thank you. Senator Cronin, 1e* me ask a couple questions. Would this stop O'Hare's ability to expand or develop any runway, 215  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslattve Day May 18y 1995 any part of O'Hare property?

PRESIDING OFFICER: (SENATOR MAITLAND) Eenator Cronin. SENATOR CRONINI Maybe.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeLeo. SENATOR DeLEO: So it would impact the future improvement of O 'Hare. Does the tollwaye this proposed extension, go on OfHare property?

PRESIDING OFFICER: (SENATOR MATTLAND) Senakor Cronin.

The proposal - and there can be other proposals but one prsposal does suggese ehat ehe Toll Highway Auehority at one point would 1ie Within the western boundary of O'Hare's property .

PRESIDING OFFICER: (SENATOR MAITLAND) Senakor DeLeo. SENATOR DeLEO: Thank you . Then to the bill: So this -- what We're doing here wculd impact future improvements, developments, the expansion of O'Hare. So if weIre trying to do -- alleviate congestton on the western end of O'Hare or making traffic flow to O'Hare easier and nore accessible, we're doing the opposite; we're curtaillng and taking O lHarg property. would urqe a No vote on Senate Joint Resolution 45.

PRESIDING OFFICER: (SENATOR MAITLAND) Fureher dlseussion? Senaeor Carroll. SENATOR CARROLLt Thank youp Mr. President, Members of the Senate. also obviously rise in opposition for a eouple of reasons and Will attempt to be brief. First - think been mentioned by 216  STATE OF ILLINOIS ' ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 several - I do remember when the tollways were built, the media ! hype at the time. Chairman Bonniwell - Donald Bonniwell - the first <sic> Chairman of the Illinois Toll Highway Authority Who ' indicated to the people of western suburban Cook and easEern Dupage this road will be a freeway in twenty years. ThaE was the commitment of the State of Illinois. That commitment had been carried forward till quite recently, and now these particular roads Ehat were paid off fourteen years from construckion were not paid off, because noW everybody's using those incomes to pay for these roads that do not have enough traffic to warrant actually being built or to pay for themselves. So-I think the first pledge to the people of Illinois is being and that is that the toll roads Would become fr ce the bonds were paid off. More importantly, Ehis r r be built. Based on the debate before this General As mbly, in this Senate on this day, bond counsel could never give an opinion that any buyer of bonds would ever accept, and bond counsel would jeopardize their entire insurance ability because any bond buyer would come in later, if the bond didn't perform in some miraculous way, and say, ''Wait a minute. How did you give an opinion when the sponsor of the legislation said, 'We don't know where the road's going to be, but we're approving iE. We don't know hoW much it's going Eo bee buE we're goin: to approve it.''' There are steps that have to be taken before we take action. This has destroyed the ability, at this time, for this road to be built.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Walsh. Senator Cronin, to close.

We have -- we've had a pretty thorough debate on this. I would just like to respond to one of my colleagues. I would respectfully disagree that -- that this guarantees that this will I not be built. And if he believes that he's right, then you 2l7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 I probably should support us in -- in voting for thls resolutiony if you think that it will guarantee that this Won 't be built. 1, as the spcnsor of Lt, have every intention that this is -- that thLs is a traffic need, and there is but one proposal discussed. There E may be other proposals. We'd like to talk about it with all interested parties to see where this roadway will lie. Let me clarlfy the record as well. There is no - no - State money that will be contemplated in the construction of this tollway. That's the beauty of the tollway system. It's a self-sustaining system . Does not use taxpayer's money. It used tolls, of course, which are user fees, but it does not use State money. soes no: ympac: our GRF budget down here. Not one red cent is used. I ask for your favorable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin moves the adoption of Senate Joint Resolution 45. Those in favor will vote Aye. Opposed: Nay. The voting is cpen. Have al1 voted who wlsh? Have a11 voted who wish? Have a1l voted who Wîsh? Take the record, Mr. Secretary. On that question, there are 34 Ayes, 24 Naysy no Members voting Present. Senate Joint Resolution 45 ls adopted. Senate Joint Resolution 47. Senator Philip. Read the resolution, Mr. Secretary.

Senate Joint Resolution 47, offered by Senator Philip. The Committee on Executive adopted one amendment.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip.

Thank you, Mr. Prestdent and Ladies and Gentlemen of the Senate. Senate Joint Resolution 47 creates a Special Joint Investigation Commission Isic> on Metropolitan Airports. That would mean O'Harer Midway and Metgs. It creates a six-member committee: Three from the House; three from the Senate; *No 218 ' l . .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legtslative Day May l8p 1995 appointed by the Majority and one by the Mincrity. Vou would end up with four Republicansr two Democrats. And co-chairmen -- the co-chairmen would be a House Member and a Senate Member. Why should we create this investigatlon commission? Very simply statedr as you know , the City has entered into a compact with the City of Gary and taking Illinois tax dollars and sending them over to Indiana to help thetr second or thlrd rate airport. Eecandly -- secondly, as you knows we pu* a PFC on for the new airport: of three dollars a person whc flies in and out of O 'Hare field. That raised ninety million dollars the first year. The second year it'll raise: prcbablyr a hundred and ten million dollars. Where is that money being spent? You probably watch W -- Channel 5 WMAQ Pam Zekman investigation before the eleetion of O 'Hare field where they had five employees on TVr wtth covered face: muffled voicesy telling you that during workin: hours they Were told that they had go out and knock on doorsr campaign for the Mayor and sell tickets for his reelection. also interesting, one day they were up at a headquarters for the Mayor and up pulls a city vehicle w1th a city license plate on it. 0ut pops this city employee carrylng literature into the headquarters. The TV camera jumps him and puts a microphone in hts face and says, HWhat are you doing with this campaign literature during office hours?î' All the guy did was mumble and run in. We find out afterwards, the guy is a inspector in the Inspectcr General's Office for the City of Chicago. This is a guy who is supposed to be out there finding people who are goofing off on the jobs and doing corruption. He's an investigator in a eity vehiele. So I could go on and on and on. There's a 1ot of stories to kell. Let me say a llttle something about safety , if you're Worried about safety. As you know here about two weeks ago we had a -- a jet cargo plane run off the end of the airport runway and get stuck in the mud. It took them over a day to pull that thing back out and -- and gê* it  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day Mag l8, 1995 back cn -- on the runway. We also had, as you know, a tire fall oCf a United airline. Luckily landed in an AVIS a rent-a-car parking lot smashing five automobiles. Nowr here about last weekend a United Airlines dropped six -- thirty thousand pounds of jet fuel. Where do you think they dumped the jet fuel? Over Wood Dale, Illinois and Bensenville, Illinois. Theyr normallyr tell me they drop it over Lake Michigan. That when they have too much fuel they go over Lake Michigan and dump it in the lake. Now , who do you think would get away with dumping? If yeu Were -- you were a large corporation polluting Lake Michigan they Would red-tas you in about fifteen minutes. They do that all the ttme. Nobody knows when khey do it. How much is, or Where they dump it. We ought to have somebody looking a: Ehat. You Want to know Why we don't have any perch ln Lake Michigan? One of the reasons ise all the airlines are dumping their fuel. Where are they dumping Lake Miehigan. Merry Christmas. AnyWay, it ought to be investigated. Everybody knows ought to be investiqated. So 1'11 be happy to answer any questions, and ask for your favorable consideration.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Spnator Collins. I'm sorry. Senator Jones. EenaEor Joneg.

Hold on. Thts is a point of order. Accerding to our rules, dtd request a fiscal note on this resolution, and -- and to ny knovledge, has not been filed. So aceording to our rules ke really cannot proceed until such is filed.

PRESIDING OFFICER: (SENATOR MAITLAND) Mr. Secretary, do you have a ftscal note request?

There has been a fiscal note filed, Mr. President -- a request for a fiscal note. 220  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18: 1995

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones, the Chair rules the fiscal note request on Senate Joint Resolution out of order. The Fkscal Note Ac* expressly refers to bills. Further discussion? Senator Collins. Senator Jones.

Well, we are talkln: about expenditure of dollars, and we are Ealking about the expenditure of General Assembly dollars. So the fiseal impact note does apply. This we are an agency. We are spending mcney, and that's the reascn why the request was made. expected you to rule favor of the of SenaEor Philip. I mean -- I want you to realize we are expending dollarse we should know *he fiscal impact.

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

Yield to Senator Senator, I Would like for him to speak first and then you can come back to me.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collinsy I called on you, and I -- you know r -- that's -- it's really the Chair's prerogative. Is there some special reason? Senator Collins.

I yield my time to Senator Clayborne.

PRESIDING OFFICER: (SENATOR MAITLAND) Very good. Thank you. Senator Clayborne.

Thank you, Mr. Presldente Ladies and Centlemen of the Senate. I Would move to suspend a11 applicable Senate rules and pursuant to Senate Rule 7-9 further move to discharge Amendment No. to Eenate Joint Resolution 47 from the Senate Rules Committee to *he Senate for immediaEe consideration by the full Senate. This was 22l  STATE OF TLLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 previously voted on in Senate Rules Committee not to allow this amendment out, and at this time I would request -- move to discharge and request for immediate consideration before this -- this Body.

PRESIDING OFFICER: (SENATOR MATTLAND) Senator Clayborne, we're not on the -- on Ehe Order of Motions and debate continue on the resolution. Further discussion? Further discussion? Further discussion? Senator Carroll.

I think out of respect the leader was always given when they refer...

PRESIDING OFFICER: (SENATOR NAITLAND) Oh . I see, Senator Jones' light. Yes. Senator Jones.

Well: ik may be a llttle difficult at times to see, Mr. President. However, a motion on this issuer out of a11 due courtesy this motion is not out of ordery as you have so ruled. What -- what the Senator has asked for is immediate conslderation, because the motion that he 's seeking to have us act on impacts on this legislation. And the motion deals with the serious problems of taxpayers' dollars as relate to the thirty million dollars of taxpayers' dollars given away as relate to the Renaissance Hotel, right here in Sprlngfleld. And we legislators feel that this should be part of any investigation. 7ou know abcut this. The Treasurer has given the taxpayers' dollars away. So we want an investigatîon. That's what his motion is about, and you -- and this Body should consider that motion. We 're not concerned about a investigation at O 'Hare Airportr but if you are conslsEenE, Mr. President, you would allow that mokion to be proceeded# and I'm quite certain, Senator Philip, talk about corruption and government and taxpayers' dollars, then you willr Senator Philipy want this to be part of the investigation. Let's investigate the 222  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18g 1995 Renaissance Hotel. Let's investigate the thirty million dollars of taxpayers' dollars that the Treasurer gave away. That should be part of this whole processr if you are genuinely sincere, and Mr. President you should Withdraw your -- your rullng and -- and the Gentleman who asked for this motion let us aet on the motion out of respeet.

FRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones, with due respect to you sir, I have made my ruling. Senator Clayborne.

Mr. -- Mr. Presidentr J would ask for appeal of your rulingy and -- and the reason why, Mr. President is I'n neW to this process. Houever, as Senator Philip has gone on and statedy can read -- and it talks about -- in the paper it talks about Where there is GOP patronage at the Dupage Airport Authority, which was created at the behest of Senakor Philipy and that he hired his cronies to tcp management positions. I'm -- I can read where in appropriations...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Clayborne. Senator Clayborne, please stick stick to the issue.

Can have an appeal?

PRESIDING OFFICER: (SENATOR MAITLAND) You -- you can request an appeal of the Chair. Xes, sir. Are requesting appeal of the Chair? Senator Clayborne has appealed the rule of the Chair. The question is: shall Ehe ruling of the Chair be sustained. Al1 Ehose favor of sustaining the ruling, vote Aye. All Ehose opposed to gustaining the rullng, vote Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Have a11 voted who wlsh? Take the record: Mr. Secretary . On that question, there are Ayes, 26 Nays, no Members voting  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Present. The -- the question having failed to recelve the necessary three-fifths negative votes to -- the appeal failsr and the ruling of the Chair is sustained. Es there further discussion? Further discussion? Senator Carroll.

Why, thank your Mr. President. I have an lnquiry of the Chair as well. believe there is nothing will repeat that, believe there is nothing - before this Body at this time, and I go for it on this basis. The orlginal resolution was a shell resolution. It's titled Senate Joint Resolution Numbered 47, and has a Resolved clause. The amendment adopted by the Executive Committee, then adopted on the Floor, strikes everything ineluding the fact that it was Senate Joint Resolutlon No. There is nothing pending before the Body, Mr. Mr. President. And refer you to the amendmente whieh says' ''By replacing everything With the following:'' IE then starts with, ''Whereases'' there's nothing pending before the Body.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there fureher discusslon? Senator Severns. Senator Carroll, we are on the Order of Senate Joint Resolution 47. It ls the Chair opinion -- that is the resolution We are on. Senator Carroll.

Thank you, Mr. President. What I asked for was the affect -- was for a ruling, because if you read the resolution, as introduced, and then read the amendment, there nothing before the Bodyy and I'm asking for a ruling of the Chair. Havin: read...

PRESIDING OFFICER: (SENATOR MAITLAND) And the Chair has ruled ...

... having -- excuse me. Let me just -- having read -- if the  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8r 1995 chair has read *he resolutlon, as introduced, and read the amendment, which strikes everything that was in the resolution that was presented. There thereforez nothing before the Body, and I'd ask the Chair if he has read b0th and if he fs -- if he would rule.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Carroll, the Chair rules that We are on the Order of Senate Joint Resolution 47. That is -- that is the issue. We're on resolutions. That is the issue before the Body. Further discussion? Senator Collins.

Question of the sponsor.

PRESIDING OFFICER: (SENATOR MAITLAND) He indicates he will yleld, Senator Collins. SENATOR COLLINSJ Senator -- Senator Philipr am not opposed to any investigation cf O 'Hare if you believe, or you have reason believe, that there is some wrong doing, and -- and actually I commend you. Now, I'd like to ask the question, given the fact that you knew about all of the allegations, Which you ycurself indicated that the Dupage Airport was now being investigated by -- by the federal governmentr the Internal Revenue and God kncws whor did you put in a resolution at all for an investigatlon of Dupage Airport?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip.

Thank you, Mr. Presldent and Ladies and Gentlemen of the Senate. T I did not, Senatorw for this reason: As you knowr we -- we had a -- a President of the Dupage County Board of Supervisors a man by the name of Botti - made al1 kinds of accusations about *he airport. Because of his accusations the IRS 225  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 and the FBI have been investigating that airport for well over a year - almost tko years. The Chicago Tribune has done at least a three-year study on the Dupage County Airport. And quite frankly, don't think we ought to tinker or -- with their investigation. Letds see what happens. There's some Wrongdoin: out there . They ought to be indicted. They ought to be convieted. I don't have any problem With that at all.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins.

So -- so -- sc youfre saying that before the Tribune and the newspapers you did not know of the corruption or the allegations of Dupage Airport.

PRESIDING OFFTCER: (SENATOR MAITLAND) Senator Philip .

Well, I wish Ne would stick to Senate Joint Resolution 47. I I myselfe personally r I do not know of any wrongdoings out at that atrport. I'm not I fly out of that airport When We're down here. Other than that, I don 't have anything to do with the airpore. To my knowledge there was no wrongdoings out there at all.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discusslcn? Senator Demuzio.

Thank you, Mr. President and Ladies and Gentlemen of *he Senate. Senatcr Philip, let me make two points might. First of all, on April the 24th of 1995 Senator DeAngelis caused to have passed by the Legislative Audlt Commission, with unanimous support, commanding the Auditor General to do an audit of the airports tn the Chicago Metropolitan Area to serve millions of that airport that serves millions of people. So there is, in 226  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 1995 fact, going to be an audit that's going to be conducted by the Legislative Audit Commisslon commandlng the Auditor General to do so. I would also further like to point out ehat this -- obviously, yours is the second one. That resolution had unanimous support in the Legislative Audit Commissionr and that is a matter of the transcript that have here in front of me. I might add that We are not attempting, by virtue of anythlng that Senator Clayborne had in his resolution, eo prevent that aetion which you are currently conkemplating. As a matter of factr 1et me read one paragraph on page 4 of Senator Clayborne 's AmendmenE No. 3. It says that, ''A Special Joint Investigatlve Committee on Metropolitan Airports and Downstate Hotels be created for the purpose of investigating the financial and management practices of O 'Hare, Midway,'' ''Meigs airports'' HCollinsvllle Holiday Jnn and the Springfield Renaissance'' hotel, and it and incorporates everything that you are attempting to do by virtue of your amendment to Senate Joint Resolution and includes the other two items and therefcre, it just seems eo me that would make good sense and good practice and since We are now conducting tWo audits from two different areas with respect tc the Chicago Metropolitan airports that we add the downstate hotels. That's a11 we're attempting to do. You've indicated apparently, by the last appealkng of the -- of Ehe roll call *he vote that you don't uish to do that. I wculd hope thae you Would reconsider and consider Senator Clayborne's amendment and add the hotels.

PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Senakor DeAngelis. SENATOR DeANGELIS: Well, just as a matter of personal privilege. Senator Demuzio , Ehe Audikor General wrote me a note back and told me that he was rather reluctant to do that investigation because he felE that perhaps he needed nore legislative authorityr and I think  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18, 1995 khae what Senator Philip is trying to do is precisely ehat. He would have -- he just a mlnute -- he said that he did not feel comfortable dotng Ehat audit under the circumstances under whlch tt was given, and you know there was unanlmous approval, but there was also universal Democratlc complaining afterwards about that resolution. So it was not as -- there wasn't the kind of unanimity that you think there was.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Severns. Senator Demuzio, for what purpose do you arise sir?

Well, on a polnt personal privilege, because Senator DeAngelis mentioned my name in his -- his remarks. Unanimous. For the record. Passed by the Audit Commission. I've served there for twenty years. I have never known the Auditor General to write back to a co-chairman of the Audit Commission sayingy can't conduct an audit''. That is not your responsibility. Qhat's the responsibility of the Commission to make that determination, and represent -- resent the representation thaE you have just made. A1l we are attempting to do is to add the hotels to the resolution. What's wrong With that?

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion?

And let me further point out that for the record who complained afterwards? Dld you -- did you submit the resolution ahead of Eime to allow the Members the opportunity to even know it was even cominq? Bu* we sald that we would go along With it.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discusskon? Senator Severns.

Thank yous Mr. President, Members of the Senate. I regret, 228  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18, 1995 Mr. President, that the apendment that Senator Clayborne and -- and Ir and several Members on this side offered to make your resolution a strcnger resolutton had: Nhat many of us Would consider, an unfortunake ruling. I think it's fair to askr Mr. President, where is the outrage? Where is the lndignatlon? This ls not a partlsan issue. The hotel deal is something that should outraqe us It most certainly outrages the people We represent. We wculd love to have...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Severns. Senator Severnsy I'm going to ...

I'm speaking to the resolution.

PRESIDING OFFICER: (SENATOR MAITLAND) I'n going to ask you to speak to this resolution.

I'm speaking to how the...

PRESIDING OEFICER: (SENATOR MAITLAND) Speak to this resolution, Senator, please.

Thank you, Mr. President. To the resolution, Mr. Presidenty and to maklng it stronger, Mr. President: We would love to have bipartisan support to make this resolution a stronger resolution, but beeause we do not, will not prevent us from raising this issue again and agaln unttl we act. Tc do otherwise Would force us to jotn the ranks of those who've forgotten why they began and forgotten who sent them here. Your resolution staEes concern over actions that you believe have taken place. We've tried to make your resoluEion a stronger resolutionr begause we, too, are concerned about actions that have taken plaee. believer Mr. President, had yau permitted us to make a stronger resolution that We Wculd have possibly fifty-nine votes -- at least fifty votes or more in support of *he resoluElon. Give us the chancer Mr. 229  STATE 0P ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Presidentr to act on an issue that a weary electorate expects we will ignore; that a weaver electorate expects that We will sweep under the rug. Give us the chancer Mr. Presidenty to do the right thing. A11 we ask is Ehat the voices of reason, common sense and indignation be heard. This issue wlll not go away, Mr. President.

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

Thank you: Mr. President. rise in opposition to the resolukion. Not because we don't want an investigation, because I don 't think one is warranted. However' even the Mayor of the City of Chicago said, I welcome it. But as my colleague spake to this issue, when ik appeared before the Audit Commission -- of a sudden dumped on the on the Membership, and it Was a -- it's a biparElsan commission -- the Democratic Members appointed to that commission voted for But I cannot see hoN you talk about wanting good government; wanting an investigation; concerned abcut corrupticn. Who are you trying to protect? Who are you trying to prctect when you don't want included in this resolution the bipartisan support for a thorough tnveskigation that not only includes O'Hare Airportr but let's include the Renaissance Hotel in Springfield . Let's include the motel. Have you been told by the cronies who operate lt that -- don 't include them? If you wanted to include thae, you would have bipartisan. There's nothinq to hide. What are you trying to htdey and why are you naking this resolution so partisan? The Audit Commisslon isn 't partisan. Members voted on that Audit Commission request fcr an audik on a bipartisan basis. But on a partisan side, you are trying to protect the cronies and *he wheel-and-deal to give those individuals thirty millicn dollars of taxpayers' dollars. You should be ashamed of yourselves. You should be ashamed. But you want Eo plck on this because you don't like what happened as 230  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Leglslative Day May 18z 1995 relate to O 'Hare Airport. You Want to take O fHare Airport. You said it timê and ttme again. wrong. It's punitive: and there is no reason for the investlgaklon, bu* you have the votes. You got thirty votesr but you're also -- your thirty-bwo votes -- (' orz thirty-three votes on that side of the aisle refuse refuse to support a resolution calling for a audit as relate to the big hotel in Springfield . Who are you trylng to protect and what are you trying to hide? knov a former treasurer, Cosentlnor and former Governor Jim Thompson was involved, but they didnfk give the money away. It was the current administration that gave the money away, and here you're trying to duck and hide. It should be includedv Senator Philip, if you were genuine , if you were sincere about fairness. But I know who runs the hotel. We a1l know who runs it. So why are you trying to protect them. Is it jobs? Is patronage? Is it contributions? I don't know What you're trying to protect, but let's be fair.

PRESIDING OFFICER: (SENATOR MATTLAND) Purther disausslon? Senator Petka.

Mr. President, I move the previous quesElon. PRESTDJNG OPFICERJ 4SENATOR MAITLAND) Senator Petka moves the previous question. There are tko additional speakers. Senator Dillard.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I know that 1, along with mos: of us on this side of the aisle, are for openness in government, are for making sure that whatever entity of government runs well. And that's Why I stand in support of this, but I do want to point out, at least for me: two things here. Number one, with respect to al1 cf you Who want to -- and senator Clayborne, want to inspect the hotel deal as it's calledr believe it's moot at this potnt in kime until we  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8r 1995 hear back from Attorney General Jim Ryan on that partieular issue. And concerning Dupage Airport, that is under federal investigation and it is under investigation. So I rise support of this partieular resolution of Senator Philip: and those other two types of issues, that youlve tried to knjeet here that dcn't belong here, are moot.

PRESIDING OFFICER: (SZNATOA XATTLAND) Senator DeAngelis. SENATOR DeANGELIS: Well, just wanted to say one thlngy that there is a smoke screeny the smoke screen ls the device Ehat's attempting to puE on those two amendments that they: in fact, Were sincerely originated wculd have submitted on their own. So Why are you trying to do ie on this b11l <sicl? A1l I'm trying to tell you isr there's only one vote . It's on this resolution. and let's get about the business of doing it.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Clayborne: state your point, sir.

Thank your Mr. President. As Senator Dillard polnted out -- and I believe Senator Dillard was in Appropriations Committee meeeing. Attorney General Ryan indicated that he had not partlcipated w1th this transaction. Treasurer Tcpinka came back and said he had participated this transaction. Her -- her general eouncll went on to say that he was made aware and he was consulted tbroughout this entire process. Nov, he was consulted throughout this entire process, how can he be independent? How can he come back now and say, didnft know anything about t*?''

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Clayborne, you have made your point. Thank you, sir.

PRESIDING OFFICER: (SENATOR MAITLAND) 232  STATE OF ILLINOIS 89TH GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 Senator Phillp' to close.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'd llke to make two pqints, and it has never been my attitude, or the attitude or position of the Citkzens Against O 'Hare Field, to ever take over or run the Chicago O'Hare Fieldr ever. All they wantr and I wantg is some input on air pollution, noise pollution and expansion. That's Now, in regards to Senator Osborn <sic>. Why don't you introduce your oWn resolution like everybody else does around here. Let it go to committee and see what happens. Clayborne, excuse me. Every Senator is entitled to introduce a resolution. Go ahead and do it. You didn't even talk to me about your amendment, or your idea. You -- at least when you're going to amend somebody's resolution or bill, ycu normally give then the courtesy of talking to them about it. But you didn't da that. So, I wculd ask for everybody's support on Senate Joint Resolution

PRESIDING OFFICDR: (SENATOR MAITLAND) Senator Phillp has moved the adoption of Senate Joint Resolution 47. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted kho Wish? Have all voted who wish? Take the record: Mr. Seeretary. On that question, there are 32 Ayesr 9 Nays, 18 Menbers vating Present. Senate Joint Resolution is adopted. Resolutions.

Senate Resolutions 73 and 74, both offered by Senatcr Demuzio. Thêy're both death -- death resolutions: Mr. President.

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

Yes: Mr. President. Senator Hawkinson has filed a motion With 233  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May 18y 1995 respect to House Bilt 1850. PRESIDING OFFICER) (SENATOR MAITLAND) The Chair requests thae ehese motions appear on the Calendar, Mr. Secretary. Senator Madiganê for What purpose do you arise, sir?

Purpose of an announcement, Mr. Prestdent. That the Senate Insurance, Pensions and Licensed and ActlMities will meet tomorrow morning at 9:30 a .m. to consider three Floor amendments to House Bill 2108 and a Floor amendment on -- Bill 32e in Room 400 at 9:30. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Senator Demuzio, for what purpose do you rise, slr?

You kent to the Order cf Motions and we want to stay on the Order of Motions. We have motions filed. heard you say We're going to go to the Order of Motions; we went there. What about our motlons?

PRESIDING OFFICER: (SENATOR MAITLAND) Well, no one... SENATOR DEMUZIO ; You went to that order cf business.

PRESIDING OFFICER: (SENATOR MAITLAND) There was -- we went to that order of business and we passed over that order of business, and no lights were 1n, Senator. We are not...

No lights were on? You didn't even ask. PRESIDING OFFICERt (SENATOR MAITLAND) We are not on the Order...

234  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day May l8, 1995 You never asked leave of the Body to go to the Order of...

PRESIDING OFFICER: (SENATOR MAITLAND) Senatcr Klemmy for What purpose do you arlse, sir?

Thank your Mr. President. I just Want to make an announcement that the Committee on Local Government and Eleetions will meet at 10:30 tomorrow morning in Room for a few amendments. It'l1 move very quicklyr so please, everybody be *here. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Woodyard moves the Senate stand adjourned until 11 a.m. Eriday: May 19th. Senate adjourned. 235 . I . Kk.; m. R j REPORT;TIFLDZY STèTE OF ILLINOIS 96/09/11 i PZGE: 001 89TH CENERâL ASSEHBLY 16:18:36 SEMATE DAILY TRZNSCRIPTION OF DEBâTE INDEX M2Y 18, 1995 HB-O003 RECZLLED HB-0005 THIRD READIVG HB-0005 OTHER HB-:016 IHIRD REZDING HB-00R0 THIRD READING HB-00k1 RECALLED HB-0113 TKIRD READING HB-0122 THIRD READINC HB-0153 THIRD READING HB-0160 THIRD READIMG HB-0175 THIRD READING H8-0182 SECOND READING HB-0197 THIRD READING HB-0199 THIRD REâDING HB-02R1 SECOMD READING H8-0270 RECALLED HB-0309 THIRD READING HB-031% RECALLED HB-Q330 SECOND READING H8-0355 THIRD READING H8-0356 OTHER :8-03Y5 SECOND READING HB-037T SECOND READING H8-0385 SECOND REâDING HB-0)12 SECOMD READING H8-0473 SECOND RERDIMG HB-0497 THIRD REZDIMG H8-0527 SECOND READING H8-0573 THIRD REZDIPG H8-0589 THIRD READING H8-0597 THIRD REâDING H8-0653 THIRD READING HB-0660 THIRD READING H8-0686 SECOND REZDISG H8-0689 THIRD BEADING :8-0733 THIRD READING HB-074! THIRD READING HB-0Y97 TKIRD READING H8-0823 SECOMD RE&DING H8-0859 THIRD READING HB-0913 SECOMD RPADIMG H8-0939 RECALLED H8-0999 SECOMD REàDING HB-1002 THIRD REZDIMG HB-1023 THIRD REâDING HB-1093 THIRD REZDING HB-1106 3ECOND RERDING HB-1319 THIRD READING HB-11%9 SECOND READING HB-:232 RECALLED HB-123? SECOMD READING HB-12T9 SECOMD READING HB-1303 SECOMD READING H9-1319 SECOND REâDING H8-1363 THIRD BEADIPG HB-1R59 THIRD READIMC HB-1)61 SECOND REâDING H8-1465 :DCOND ;ERDING HB-1498 THIRD RPADINC HB-1k98 H0TION HB-1%95 OTHEH HB-1498 OTHER H8-1523 SECOND READING HB-1587 RECALLED REPORT: TIFLDâY STZTE OF ILLIVOIS 96/09/11 PAGE: 002 89TH GENERAL ASSEHBLY 16:18:36 SENATE DAILY THZN:CRIPTION OF DEBZTE INDEX q&$ 18, 1995 H8-:596 SECOND READINC H8-1633 RECALLED HB-1650 THTRD READING H8-1662 THIRD REZDING H8-1696 IHIRD READING HB-169j THIRD REàDING HB-1706 THIRD REâDIMG HB-1708 THIRD REâDING HB-1787 SECOKD READING HB-1816 THIRD READING H8-1825 THIRD REâDIMG H8-1833 SECOKD READING HB-18#3 THIRD READIMG HB-1S50 THIRD READING H8-1850 MOTION FILED H8-1869 SECOND READING H8-1878 THIRD READIMG H8-1882 SECOMD READING HB-1891 THIRD READING HB-1S9R SECOND READING HB-1900 SECOMD REâDING HB-1910 THIRD REZDIMG HB-196T SECOND READING H8-1969 SECOKD READING H3-2076 SECOND READING H8-2226 SECOND READING H8-2236 THIRD READING H8-2236 OTHER HB-22R0 SECOND READING H8-2317 TMIRD READING H8-2330 SECOND READIMG HB-23R6 SECOPD READING H8-2351 EECOND READING HB-2370 SECOND REâDING HB-2R03 SECOND REZDING HB-2M07 RECALLED H8-2465 SECOND READING 5:-0059 ZDOPTED SR-O061 ADOPTED 5R-0068 ZDOPTED SR-0072 RESOLUTIOM OFFERED SR-Oû73 RESOMUTION OFFERED SR-007q RESOLUTION QFFERED HJR-0033 ADOPTED SJR-00kk ZDOPTED SJR-00R5 ADQPTED sJn-00M7 ADOPTED SUBJECT MZTTER SENATE T0 ORDER-SEMZTOR DOMZHUE PZGE 1 PRZYER-THE REVEREMD JAHIE âLLEP PAGE 1 PLEDGE OP ALLEGIANCU P2GE 1 JOURNALS-POSTPONED PAGE ' ! MESSAGES FROM THE HOUSE P2GE 1 COMHIRTEE REPZRTS P2GE 2 SENâTE STZNDS IN RECESS PAGR 115 SENZTE HECONVEVES PAGE 115 MESSAGES FROM THE HOESE P2GE 115 COMMITTEE REPORTS PAGE 181.1 ZDJOURNMEMT PZGE 235 #;i -o -,y 'ii . . 6/a/aa On 6/5/98 a possible error on 5/18 /95 transcript, page 217, from the 891n General Assembly , waB brcught to Sheila j Ryan ls attention by the Secretary of the Senate Jim Harry. Sheila pulled Tape No. 5, 5/18/95, from the State Archives. The word Hknow'l was left out of attached page 217 where it says ''We don't whered'. Sheila informed Jane Rishel at the State Library of the corrected page and that the microfiche would need to be ccrrected and redistributed . A copy of the corrected page was sent to her on 6/8/98. Sheila also called LIS to speak to Janice about the mkcrofiche being redone. Janice was not in that day and Sheila informed Jane Rishel of this fact. Jane Rishel told her that she would speak to Janice on 6/8/98. I spoke to Arlene Halteman at the Secretary of State Index Dept. on 6/8/98. She informed . me that the 89th General Assembly transcripts had already ' been sent to State Archives . A replacement page was stamped ''Corrected Copy# and taken to state Archives tc replace in the original transcript. A replacement page was alsa put in our office file. I spoke tc Janice at LIS on 6/8/98 to let her knaw that Jane Rishel will be contacting her. FYI: 5/18/95, page 217, of the 89Dh General Assembly is in the debate of SJR45. ( û f f/ ! : ! ; I I l i ! 1 I - - - - - - X  ' I .< . w .. ' -f' I u .e'u'- : W ATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislatlve Day May 18, 1995 several - I do remember when the tollways were bullt, *he medla hype at the time. Chairman Bonniwell - Donald Bonniwell - the first <sic> Chairman of the Illinois Toll Highway Authority Who indicated to the people of western suburban Cock and eastern Dupage this road will be a freeway in twenty years. That Was the commitment of the State of Illinois. That commitment had been carried forward *ill quite recently, and now these particular roads that were paid off fourteen years from construction Were not : paid off, because now everybody's using those incomes to pay for these roads that do not have enough trafflc to Warrant actually being built or to pay for themselves. So I think the first pledge to the people of Illlnois is being broken and that is that the toll roads Would become freeways, once the bonds were paid off. More importantly, this road wlll never be built. Based on the debate before this General Assembly, in this Senate on this day: bond counsel could never give an opinion that any buyer of bonds i would everaccept,andbondcounselwouldjeopardizethelrentire insurance abkltty because any bcnd buyer would come in later, if ? the bond didn't perform tn some miraculous way, and say, ''Wait a minute. How d1d you give an opinion when the sponsor of the u / q5ot o t) legislatlon sald, 'We donltu where the road's going to be,but 13 we're approving it. We don't know how much it's going to be, but , we're gokng to approve kt.''' There are steps that have to be taken before we take action. Tbis has destroyed the abilityr at this time, for this road to be built. j PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Walsh. Senator Cronin, to close. SEXATOR CRONIX: We have -- we've had a pretty thorough debate on this. I would jusE like to respond to one of my colleagues. I would respectfully disagree that -- that this guarantees that this wtl1 not be built. And if he believes that he's right, then you 217 . ). '