Illinois Senate Floor Debate — May 23, 1995

PRESIDING OFFICER: (SENATOR MAITLAND) The regular Session of the 89th General Assembly will come to order. Will the Members please be at thelr desks. Will our guests in the gallery please rise. Our prayer today Wi1l be glven by Reverend Ernest L. Gerike, retired from Trinity Lutheran Church, Bloomington, Illinois. Reverend Gerike.

(Prayer given by the Reverend Ernest Gerike)

PRESIDING OFFICER: (SENATOR MAITLAND) Gerike, thank you very much for being here today. I'm .. . honored that you're here. The interest of the Body, Pastor Gerike is my home church pastor, and it's a privilege for me to have him here today. Would you all please stay standin: for the Pledge of Allegiance. Senator Sieben.

(Pledge of Allegiance, led by Senator Sieben)

PRESIDING OFFICER: (SENATOR MAITLAND) Reading of the Journal. Senator Butler.

Mr. President, move that reading and approval cf the Journals of Thursday, May 18th: Friday, May 19th7 Sundayr May 21st7 and Monday, May 22nd, in the year 1995, be postponed, pending arrival of *he printed Journals.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no cbjection, it is so ordered. Senator Demuzio, for what purpose do you arise, sir?

A point of personal privilege.

PRESIDING OFFICER: (SENATOR MAITLAND) State your point, sir. l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23, 1995

Last night after Sesslon, after reviewing the roll calls on House Bill 955, indicated that I had voted No . inadvertently must have the No switch when T meant to vote Present. would like the record to reflect that this morning.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator, the record will show -- indicate your intent. Comnittee Reports.

Senator Butler, Chair of the Committee on Commerce and Industry, reports Senate Amendnent 3 to House Bill 32 Be Adopted. Senator Hawkinson, Chair of the Committee on Judiciaryr reports Senate Amendment -- or# Senate Bill 435 tKe Motion to Concur w1th House Amendment Be Approved for Consideration; Senate Bill 447 the Motion to Concur with House Amendment Be Approved for Consideration; Senate Bill 6l9 the Motion to Concur kith House Amendment l Be Approved for Consideration; Senate Bilk 721 - the Motion to Concur With House Amendments 6, 8, 9, L0 and 15 Be Approved for Consideration; and Senate Bill 838 - the Motion to Concur with House Amendments 5, 8, 9, and 11 Be Approved for Consideration. Senator Mahar, Chair of the Committee on Environment and Energy, reports Senate Amendment 2 to Senate Joint Resolution 21 Be Adopted. Senator Barkhausen, Chair of the Committee on Financial Instltutions, reports Senate Bill 433 - the Motion to Coneur Souse Amendment 2 Be Adopted. Senator Peterson, Chalr of the CommitEee on Revenue, reports Senate Amendments 2 and 3 to House Bill 1523 Be Adopted. And Senator Cronin, Chair of the Committee on EducaEion, repcrts Senate Bill l30 the Motion Concur with House Amendments 5 and 6 Be Adopted, Senate Bill 14l the Motion to 2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day Mây 23, 1995 ' l Concur with Hause AmendmentlBeAdopted,andSenaeeBilll50- p the Motion to Concur with House Amend/ent 4 Be Adopted.

PRESIDING OFFICER: (SENATOR MAITLAND) Message 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 bll1 of the following title, to wit: Senate Bill 934, together With *he followlng amendmentr which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 1. We have like Messages on the following Senate bills with House amendments: 405, With Amendments 1, 3 and 4; 412, with Amendments l and 2; 637, with Amendment 17 711, With Amendment 17 788, with Amendment 1; 818, with Amendment 17 977, with Amendments 1 and 2: 1026, with Amendment 1) 1094, Wlth Amendment 17 1200, With Amendment 17 1202, with Amendment 17 and 1208, with Amendments 1, 2 and 5. A11 passed the House, as amended, May 22nd, 1995.

Resolutions.

Senate Resolution 76r offered by Senakor Severns and al1 Members . Senate Resolution 77y offered by Senators Severnsr Demuzlo and a1l Members . They 're b0th death resolutionsy Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) Consent Calendar. Ladles and Gentlemen , our first order of business will be on page 5 of today's Calendar. We '11 be going to 3 . ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23, 1995 the Order of 3rd Reading. So for those of you who have not yet j reached the Chamber, I would advise you to -- to arrive very quickly. Today ts an important day far bills on 3rd Reading . So, I 1 I encouragea1lMemberstobeiptheirseatsasquicklyaspossible. J

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz, for what purpose do you r ise?

Thank you, Madam President. On a polnt of personal privilege.

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

Ladies and Gentlemen of the Sgnate, wlth us in the President's Gallery on the Republican side , we have some special -- very special guests from my dlstrict . We have the Resurrectlon Hlgh Schcol Science Team , who recently won an award for the outsEanding science project at the Unlversity of Illinois this year, and they are being led by their teachers, Vincenza Guistl: Paula Nicolau, and Aurelia Skiba. And my daughter, Nadya, is among the attendees the re , and I would like to have the Senate welcome them to springfield.

PRESIDING OFFICER: (SENATOR DONAHUE) We 'd lkke to have them rkse and be recognized . Welcome to Springfield . Senator Maitland , for what purpose do you seek recognition?

polnt of personal privilege, Madam Presidenk . I was , Eoday , privileged to introduce to the Body my home pastor, Pastor Ernest Gerike from Trinity Lutheran, Bloomington. And in the gallery directly behind you , Madam President, is a group from Trlnity L!utheran who are down here today, some thlrty-five or thirty-six men and women. They a re from the Over Fifty-five Club at Trinity Lutheran. I'n just delighted to have them here in Sprinçfield. 4  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23, 1995 . And would you please stand and be recoqnized by the Senate? J i

PRESIDING OFFICER: (SENATOR DONAHUE) Will you please rise and be welcomed? Wesre glad to have you with us. Ladies and Geptlemen of the Senate, I Would like to at least inform you that we are going to 3rd Readings. We are on cur last day for passage of bills on 3rd Reading . So I'd like you a1l to please be in your seats, be alert. Senator Butler seeks recognttion -- leave of the Body to return House Bill 32 to the Order of 2nd Readlng for the purposes of an amendment. Heartng no objection, leave is granted. And on the Order of 2nd Reading ls House Bill 32. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendment No. 3, offered by Senator Butler.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler, on Amendment No. 3.

Thank you very much, Madam President. Amendment No . 3 is a agreement worked cut with the -- by EPA Ksic> and the Plumbers' Unkon, and I see no opposktkon to thks.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any dlscusslon? Hearing none, Senator Butler moves *he adoption of House Bill -- Amendment No. 3 to House Bill 32. A1l those in favor, say Aye. Oppcsed, Nay. The Ayes have it, and the amendment is adopted. Are there any other further Floor amendments?

No further amendments reported .

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. On the Order of 3rd Reading is House Bill 32. Senator Butler . Mr . Secretary , read the bill .

5 ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 House Bill 32. i (Secretary reads title of bill) I 3rd Readins of the bill. i f

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler.

Thank you very much, Madam Prestdent. This bill started out as a measure to regulate the plumbing installatlons on mobile homes and on manufactured homes. That was stripped out of the bill. This bill now cleans up some of the language that the EPH Ksic> has had -- some of the problems they've had gith the language in their bill. I knoîv of no -- no oppcsitlon.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscussion? Senator Geo-Karis.

Sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator Geo-Karis.

Are you telling us, Senator, that the objection that the licensed plumbers had to the lnstallations in these made-up homes, where they didn't have to have licensed plumbers do the plumbing, has been cleaned up?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler. 6ENATOR BUTLER : senator , there ls no opposition from the Plumbers ' Union .

PRESTDING OFFICER: (SENATOR DONASUE) Further discussion? Further discussion? Seeing none , the questlon (s , shall House Bill 32 pass . Those in favor will vote Aye . Opposed . Nay . The votlng is open. Have all voted Who Wish? Have all voted whc wish? Ilave a1l voted who wish? Take the 6  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23p 1995 record. On that question, there are 57 Ayes, no Nays, none voting ' Present. House Bill 32e having received the required constitutional majority, is declared passed. Senator Karpiel, on House Bill 41. Senator Karpiel. Read the bill, Mr. Secretary.

House Bill 4l. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

Thank you, Madam President. I want to thank whoever fixed my mike. I appreciate it. House Bill 4l, as amended: amends the Public Utilities Act. It authorizes the Commerce Commission to promulgate certain rules to apply to -- competltive -- to promulgate certain rules to apply to competitive telecommunication rates and services. The affected subjects include standards for the accuracy and measurement of the services provided, the payment of refunds and interest on overcharges, and health safety standards for enployeesr customers and the general public. With the other amendment, it replaces seven commissioners of the Illinois Commerce Commission with five commissioners and reduces the number of commissioners that can be of the same political party fron fcur to three. Reduces the number of full-time assistants from three to two. Amends the Open Meetings Act to reflect *he reduction of the number -- in the number of commissioners so that a quorum will -- or a meeting shall mean a gakherlng of a quorum of three. And that's what the bill does.

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

Yes. Thank your Madam President. This is the bill that I 7  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 56th Legislatlve Day May 23, 1995 j requires a1l of the Commerce Commissian members to resign l effective January 1 of next year. After they resignr theydll be ! I reduced to five, and that will allow a pay raise to go through for the flve members who ge* reappotnted. Thls bill ls an ateemp: ko redesign the Commercg Commission to go along with the Governor's ideas on utility regulation and to reward those who supported him in the election. I think it's pretty obvious what this bill is qolng to do: It's a pay-back bill. It's goin: to be one that's gotng to be very cantroversial. It WLl1 be brought up in everybody 's re-election campaign, so I would urge you now to inoculate yourself against the negative ads in the future and vote Noy and save the government some money. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Any further discussion? Senator Karpiel, to close.

Yes...

PRESIDING OFFICER: (SENATOR DONAHUE) Excuse me, Senator Karpiel. I apologize . Senator Lauzen.

Question for the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates shesll yteld, Senator Lauzen.

Would you agree with -- to the sponsor, would you agree With *he comment that's been made - I guess it was in a Chicago Tribune article, a quote of an opponent to the bill - saying that getting three out of five commission votes is phenomenally more easy than gettlng four out of sgven? PRESIDING OFFTCER; (SENATOR DONAHUS) Senator Ilarpiel .

8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 It depends would think it would depend on if theydre right on the issue, or uhat *he lssue is, or -- not always.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

understand that Martin Cohen, CUB 'S executive direetor, says tbat if a smaller commission could reduce the diversity of opinion and independent innovative thinking on the panel. Would you have any reaction to that?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

Well, Senator, think part of reason for this reorganization, or the cutback of the number, has to do wlth the - - the changes in a lot cf the industry now - the deregulation cf the trucking industry, which they no longer will have to be handlingr and the possible -- the changes that will be coming in the telecommunications industry. think they 're thinking that the workload is going to be cut down and that ftve commissioners can handle that as well as sevenr and there is a savings to the -- to the State by doing so .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Could you help us understand, what ls the -- what's the amount of the savings?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

Well, the number khat T have, Senator, is four hundred and twenty-six thousand dollars savings: two hundred and sixty-six thousand five hundred in public utility fund, and a hundred and  STATE OF ILLINOIS 89TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 56th Legisla*ive Day May 23y 1995 fifty-nine nine in GRF.

FRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen, just put your light on.

-- I Would say that if that's the amount of the savingsr that we ought to Ehenr perhaps -- if that's what what it saves us to ellminate two, perhaps we ought to eliminate more. But another -- a final question on if -- if the workload ls going down for the ICC, Who is it who Will be dcing all of the Work - the regulation work on the eleetrical utlllties rewrlte of what's going on and the telecommunications? Isn't that in the ICC?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

Who's going to be doing the work?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

The regulatory work for the telecommunications and also the elecerical - when we go lnto *he Wheeling and al1 that?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karptel.

Welk: thinkr you knowy the -- I don't thlnk eliminatlng tWo ccmmissioners and tvo assiseanes ls qoing to -- they dll still bg doing the Work; and -- and we're Moing into a competitlve business here so that we kon't have as much regulations in the future with those -- With those deregulations of those industries.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Lauzpn.

10  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23, 1995 Then just to the bill: would -- if thls is a gcod idear would suggest that it Wculd be better to postpone this until We're through the -- the deregulation process, beeause rather than the vorkload on this agency going doun, I would say that it's at least going to stay the same or increase. Thank you very much.

PRESIDING OFFICER: (SENATOR DONAHUE) Eurther discussion? Further discussion? Senator Karpiel, to close. SENATOR KARPIEL; Well just to say, again, that what we're doing is just cutting the number of commissloners from five -- seven to five. The savings that mentioned includes the elimination of the two commissioners, their staff assistants, the overhead and travel that's associated with thcse tWo commissioners and that with the deregulation of many of these lndustries, it is projected that Ehere Will be less regulation necessary and less Work necessary, and I think it's a good bill. I ask for your Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 41 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who Wish? Have al1 voted who wish? Have a1l voted who Wish? Have all vcted who wish? Take the record. On that question, there are 37 Ayes, 19 Nays, voting Present. House Bill 4l, having received the required constitutional majorieyr is declared passed. If I could have your attention one more time, Ladies and Gentlemen. I'm going to just make one point: ycu want to seek recognition in your questioning, a11 you have to do put your lighE on. Don't assume thaE the Chair going Eo know that. So, just put your light cn when ycu want to seek recogniticn, and you will be recognized. On the Order of 3rd Reading is House Bill 90. Senator Earpiel. Read the bill, Madam Secretary . ACTING SECRETAR? HAWKER:  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 House Bill 90. (Secretary reads title of bill) 3rd Reading of the bill. PRESJDJNG OFFTCER; (SENATOR DONAHUE) Senator Marpiel.

Thank gou: Madam Presidene. House Bill 90. as amended, requires that the budget and tax levy of the Dupage Airport be approved by the county board befcre the tax levy may be certified to the county clerk, and that's basically all it does to present law.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discusslon? Senator Collins.

Thank you, Madam President. This is a reform that is long overdue: and I -- I commend the sponsor for taking care of some of the real problems with this bill. And I would just hope everyone on this side of the aisle will also support the bill at thls point.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Further discussion? Seeing none, Senator Karpiel, to close.

Just to say, What a difference a day makes. I appreciate your Aye vcte.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 90 pass. Those in favor will vote Aye. Opposed, Nay. The voting ts open. Have all vcted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 57 Ayes, no Naysr none voting Present. House Bill 90, having recetved the required constitutional majority, is declared passed. Senator O'Malley, on 12  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 House Bill 207. Senator O'Malley, on House Bill 226. Senator Petka, on House Bill 301. Read the blllr Madam Secretary.

House Bill 301. (Secretary reads title of bill) 3rd Readtng of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka.

Thank you very much, Madam President and Members of the Senate. House Bill 301, which passed out of the House to 0, was amended in the Senate to provide a compromise to help olderr un-reimbursed detention facilities recelve compensation for some of their security personnel. The underlying bill, which passed the Houser in which I seek adoption, Would permit the Department of Corrections to build and operate regional juvenile detention facilities to hold minors akaiting trial as adults. Please understand that this is not a mandate. This is a -- it's permissive legislationr and the Departmentr if they choose to go forward, would recoup their costs by simply allccating fees to be paid by the counties who would be using ehis juvenile detention center. Because of that, Madam President, I seek its adoption and will answer any questions.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any questions? Any discussion? Any discussion? Seeing none, the question is, shall House Bill 301 pass. Those ln favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have a1l voted who wish? Take the record. On that questionr there are 57 Ayes, Nay, none voting Present. House Bill 301, having recpived the required constitutional majority, is declared passed. Senator Cullertonr on House Bill 320. Read the bill, Madam Secretary. 13  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

! House Bill 320. ! (Secrgtary reads title of bill) I I ! 3rd Reading of the bill. ; PRESIDING OFFICER: (SENATOR DONAHUE) ! Senator Cullerton.

Thank you, Madam President, Members cf the Senate. House Bill 320 passed the House by a vote of a l15 to nothing and came out of the Executive Commlttee. It authorizes a revolving loan fund at the Illinois Facilities Fund. This would be to make below-market-rate real estate loans to child care agencies that will be called upon to expand as the Welfare reform is implemented in Illinois. This also creates a Child Care Capital Advisory Board <sic>, Whtch is appointed by the Governor, to advise the Illinois Facilities Fund on implementation of the capital fund. Any funds that are -- that come into this -- thls State fund then would be used to leverage private investment from banks and foundations. Child care agencies in low-inclme neighborhoods in Illinois rely upon government contracts for the majority of kheir revenues, and they are unable -- generally unable to obtain traditional bank financing. Because improved or expanded facilities are necessary to serve more children, Ehere's a credlt gap. This fund would help solve that problem . The Illinois Facilities Fund is a not -- nonprofit statewide tax-exempt corporation that -- that right now makes below-market real estate loans to over eighty human service organizatians in Illinois. They actually built and own seven large child care ceneers through a partnership with the Department of DCFS, and they have a close I working relationship with them . The -- as a result of Senate Bill i l0, We do expect' obviouslys that there will be welfare recipients I who will be in need of child care. The ghild care industry across 14 * i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Leqlslative Day May 23, 1995 the State is already burdened with a long waitlng list, and the lack of child care is often cited by poor single mothers not in the labor force as one of the reasons they 're not Working. So this loan program will help keep costs of child care low by maklng possible the necessary capital investment at reasonable and stable rates. Be happy to answer any questicns. Urge an Aye vote. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Dudycz. SENATOR DUDXCZ: Thank ycu, Mr. -- Madam President. Senator Cullerton, I'm a little confused by -- by the language of thls quite lengthy staff analysis on your bill. This creates the Child Care Capital Development Fund Advisory Councll to provide guidance to the Illinois Facilities Fund. What is the Illinois Facilities Fund? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton. SENATOR CULLERTON: Yes. The Illinois Facilities Fund was created in 1990. It's - - has approved over seventy-nine loans, totaling over thirteen million dollars. It's a nonprofit statewide tax-exempt corporation that makes below-market real estate loans to over elghty human service organizations in Illinois. And what they do is that every dollar in this loan program leverages four dollars ' in prtvate investment. And the reason -- the need for thls organization and this fundy is that traditionally these facilities that need to be built would not qualify for a bank loan program . So, a traditional bank Would not give a traditlonal loan. So you have this Pund that provides the -- the credity and then it's -- the money is repaid, and then once it's repaidr it's loaned out for -- for more -- for more projects to be built. PRESIDING OFFICER: (SENATOR DONAHUE) j I Senator Dudycz. I 15 . * r . ..  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatëve Day May 23, 1995

Is this the only such organization -- I mean, this ls not a State agency. This ls not a State-funded organization, is it? i I It's a private -- private group, and we're creating an advisory ' council to -- to give guidance to this -- what is lt 501(C)? I

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

Tes. Theylre in existence. They are a nonprofit staeevide tax-exempt corporation who make loans now. Now: What this bill would do would be to focus specifically on the child care providers. Nonprofit child care providers are the ones that, as we said, will be called upon to -- as welfare reform is kmpkemented, to build these facilttiesr and they are the ones that lack the credit needed to secure traditional bank financing. And so, What this panel will do is to advise the -- advise the Fund as to where the money should best be -- where these facillties would best be -- be set up, and -- and as I lndicated, they do work with DCFS right now .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.

Well, Senator Cullerton, where is the funding supposed to come from for the Child Care Capktal Development Pund for the -- for example, the -- the revolving funds? Where is this money coming from and how much are we talking about?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

There 's absolutely no appropriation, and there 's no appropriation needed. This Illinois Facilities Fund receives money from private foundations. There's certainly no reason to 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 preclude the State if in the future, as we implement Senate Bill 10 -- if we implement that and we want to spend State money , that's a decision that future General Assemblies can make. But we're just setting up the fund. There's no apprcpriation and these monies can come from private foundations and and from private donations.

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

Well, that's my point. This year we 're not providing any funds for but next year they will come to us and say that since We are providing this advisory council to the Child Care Capital Development Fund, I fear that they will be comin: to us and asking us for a specific approprlation. This is this is specific leglslation. don't know this is what we really want to do. We are creating a -- an advisory council through General Assembly action to provide guidance to a private corporate fund. And -- and I fear that we're -- we're setting a dangerous precedent here. I don't think that we want to do that.

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

Thank you, Madam Presidenk. rise in support of this bill. my district, have, in the short tine I've been there, been able to visit many day care areas. There is a need because of the bill tha: we have passed with welfare, for not only day care centers: but quality day care areas, and f think this is a mechanism that can suecessfully be used for private funding to help us ouE with day care centers so women can go to work and can have confidence by -- going to Work that they have quality care for their children. And that is one of the reasons Why does make them dlfficult to go out into the job market. And think 17  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 we are going on one end with Welfare, that we have to provide the help and support at *he other. This is a -- a nonprofit types of organlzations, and I think this bill should be passed . And would urge an Aye vote.

PRESIDING OPFICER: (SENATOR DOXAHUE) Further discussion? Senator Smith.

Thank youp Madam President and Ladies and Gentlemen of the Senate. I stand in full support of this piece of legislation. The proponents of this is the Illinois Facilities Fund and the Day Care Action Council. These young people are affording their parents an opportunity to go to work, and the centers are very well supervised. And I Ehink that we should help them to increase and make life more durable for our families whc rely upon our day care centers for the survival of their child. And offer that you all support this plece of legislation. Thank you.

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

Thank your Madam President. just would like to explain a llktle bit about what happened to this bill in committee and and how got here at this stage and in this state. This bill passed out of the Executive Committee raEher wikh khe expectation and the direction actually to come up with an amendment which Would elean up several parts of the bill. The sponsor didr in fact, have an amendment which did a 1o* of Ehose Ehings, but unfortunatelyr the amendment did not get adopted in ccmmittee, so we now have the bill as it was introduced -- or came over from the Housg Nith no anendment on. In its present state I feel it is a bad bill. The concept behind it is wonderful. If wefre going Eo be passing a 1ot of laws, a 1ot of bills, to reform uelfare and expect wcmen to be going out and workinge we need to have  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SEHATE TRANSCRIPT 56th Leglslative Day May 23, 1995 1 I facillties for their chkldren, for day care for their children. I There aren't enough facilities in the State to handle a11 the 1 I children thatue now have;there's such a long walting list. This t bill -- the purpcse of it, ls to try to come up with more facilities, more space for these children and to Nork hand in hand 1 Nith DCFS to implement the -- welfare reform bills and to provide the space for those children. However, the bill as it is now specifies a private -- one, single private organlzation doing this. I think that's not gocd policy. There is no maney involved in it. 1* sets up a revolving fund. It sets up a huge advisory ccuncilwithinthe-- DCFS. 1really thinkthatthisneeds to be 1 worked out and perhaps ccme back in fall with a bill that will do what we want to do and yet not be getting involved in special legislation for one special private enterprlse. And I Would ask for a Nc vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? FurEher discussion? Seeing none, senator Cullerton, to close.

Yes. Thank you, Madam President. Senator Karpiel is correct; We did prepare an amendment whtch was drafted at -- at her suggestion and her staff's suggestion. And what that amendment would have done was to make the advisory ccuncik, I think, three 1 people lnstead of nine people, and it would have taken the name ''Illinois Facilities Fund'' out of the Statute. And those were the tWo changes, but they were, unfortunatelyr not adopted by the committee. Those are not major ehanges to the bill. The advisory council has nine people; the suggestion was it be three. It didn't -- the amendment didn't pass. As far as the Illtnois Facilities Fund's name not being kn the Statute, they're the only organization that would qualify anyway. Sc if the Governor wants to take -- make those changes with an amendatory veto, that's -- 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 that's flne with me; I would accept them . But to kkll the bill is - - is not good public policy. This dces not take any State dollars, and it makes the avallabillty of child care mcre practical. And it's something which we have to dor in llght of the actions that we've taken with regard to welfare refcrm . So let's be smart. Let's pass the blll, and I appreciate your Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 320 pass. Those in favor gl11 vote Aye. Opposed, Nay. The votinç is open. Have al1 voted Nho wish? Have a11 voted who wish? Have al1 voted who wish? Have al1 voted Who Wish? Take the record. On that question, there are 31 Ayes; 27 Naysr 1 vcting Present. House Blll 320, having -- having received the required constitutional majority: is declared passed. Senator Karpiel, for what purpose do you rise?

For a verification.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel has requested a verification. Will al1 Members please be in their seats? And the Secretary will read the affirmative votes.

The followinq Members votin: in the affirmative: Barkhausen, Berman, Bowles, Carroll, Clayborne, Collins, Cullerton, DeAngelisr DeLeoy de1 Valle, Demuzio, Thomas Dunn, Farley, Garcia, Geo-Karis, Hasara, Hendon, Jacobs, Jonesr Molaro, O 'Daniel, Palmer, Parker, Rea, Severnsy Shadidy ShaN; Smith, Trotterr Viverito, and Welch.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel: do you question the presence of any Member?

Senator Carroll.

PRESIDING OFFICER: (SENATOR DONAHUE) 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23, 1995 Senator Carroll on the Flocr? He 's in his seae, Senator Karplel.

Senator DeLeo.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeLeo on the Floor? Senator DeLec. Hels in the back of the Chambers.

Senator de1 Valle.

PRESIDING OFFICER: (SENATOR DONAHUC) Senator de1 Valle on the Floor? He's in the back of the Chambers, Raiam.

Why don't you guys tell me who's not there. Or at least all go s1t down in your seats. Senator Palmer.

PRESIDING OFFICER: (SENATOR DONAHUE) She's in her seat, Senator Karpiel.

Ssnator -- I think that's all, Senator.

PRESIDING OFFICER: (SENATOR DONAHUE) On a verified roll call, the Ayes are the Nays are 27, there is l voting Present. Having received a requlred constitutional majority, House Bill 20 is deelared passed -- House Bt11 320 is declared passed. Senator Watsony on House Bill 330? Out of the record. With leave of the Body wedre going to come back to House Bill 385. Senator DeAngelis, on House B1ll 527? Senator Mahar, on House Bill 544. Read the billp Madam Secretary.

House Bil1 544. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23: 1995 Senator Mahar.

Thank you, Madam Presidentr Members of the Senate. This is the Brownfields legislation, Which was debated extensively on 2nd Reading when we added the amendment, and received blpartisan support in that roll call. Principally applies to tWo principal aspects of this bklt is that the clean-up levels are determined based on a level of risk encountered at the site after considering the future land use, and also the liability provisions regarding cost apportionment are made compatible with current lau. I'd be happy to try and answer any questions, Madam President.

PRESIDING OPFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Senator Welch.

Yes. This is -- we discussed this quite a bit the other day. just ganted to remind the Members that this is the bill that shifts the responsibility for most of the clean-up funding to the taxpayerr because it has a proportional kiabklity element to On the proportional liability, what's going to happen isr instead of a deep pocket paylng to clean up property: it's going to be shifted to the little person who will more than likely file bankruptcy as opposed to your larger corporations. The end result is going to be your ctties and your taxpayers at the State level are going to pick up the costs for cleanup. We should leave the 1aw the way It's worked for the last twelve years, although itfs been attempted to be repealed, and f think that a No vote is the best vote to cast on 544. Thank you.

PRESIDING OPFICER: (SENATOR DONAHUE) The question -- Senator Mahar/ to close.

Thank you, Madam President. This is a Vote -- yOu -- you listened to the previous speaker, this is something that has 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 not Worked for the past twelve years. These sites remain vacant. They're not producing; they're not employing Illinoisans; they're ' I no* paying taxes so that we can education our klds. Withouk the ' risk element and the apportionment part of ehis liability -- apporticnment part of the btll, there will be no. So if you vote No, that's voting for the status quo. If ycu want to make a change and redevelop these sites, then you wculd vote Ves.

PRESIDING OFFICER: (SENATOR DONAHUE) Questicn isr shall -- Senator -- he Was closing, Senator Trotter. The questlon iB, shakl House Bill 544 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted Who Wish? Have a11 voted Who wish? Take the record. On that question there are 42 Ayesr 16 Nays, 1 voting Present. House Bill 544: having received the required constitutional majorlty, ks declared passed. Senator Parker: on House Bill 652. Read the bill, Madan Secretary.

House Bill 652. (Seeretary reads title of bill) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker.

Thank you, Madam Presidenty Ladies and Gentlemen of the Senate. House Bill 652 has been amended. It reenacts a 1aw passed ln 1988. This is being done in light of the Supreme Court ruling on a similar 1aw in California. This enactment will allow the court to reconsider this pricr opinion. I've beccme involved with this issue because of, and I'm doing this for, the victims' famllies. I will be glad to answer any questions.

PRESIDING OFPICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the 23 . ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 question is, shall House Bill 652 pass. Those in favor will vote Aye. Opposedy Nay. The voting is open. Have all voted who wish? Have a1l voted Who Wish? Have al1 voted Who Wish? Take the record. On that questlon: there are 58 Ayes, no Ngys, none votin: Present. House Bill 652, having recelved *he required constitutional majority, declared passed. Leave of the Body We will cone back to House Bill 820. Leave is granted . Senator Cronln, on House Bill 838. Senator Cronin, on Hcuse Bill 838. Senator Woodyard, on House Bill 965. Senator Cronin, on House Bill 999. Senator Mahar, on House Bill 1089. Senator Lauzen, on 1248. Read the bill, Madam Secretary.

House Bill 1248. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Thank your Madam Presldent. First of all, I'd like to thank Senator Carl Hawkinson and the entlre Judieiary Committee for the hard work that's gcne into Floor Amendment No. to House Bil1 1248. The underlying bilt amends the Code of Correctlons to revoke the hundred and eighty days of a prisoner's good conduct credit, if a lawsuit filed by the prisoner against the State is dismissed by the court on the basis of frivolousness. What the amendmene does is works due process lnto *he underlying by making the good conduct tevocatlon conform to existln: proqedure between Correctlons and the Prisoner Revlew Board. It adds Senate Btlls 332, 344, 580, 582, 600: 721: 747, 812, 838, 1025 and 1173. Al1 of the Senate Bills passed out of the committee unanimously and passed on the Floor. be happy to defer to Senator Hawkinson for any questions. 24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

PRESIDING OPFICER: (SENATOR DCNAHUE) Is there any discussion? Senator Trotter.

Thank you very nueh, Madam President. Will the sponsor yield orr Senator Hawkinson?

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

res. Senator Hawkinson, understand...

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

Yes. Senator Hawkinson was just waiting till he was conferring over there. What is your definition of ''frivolous''?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.

That's part of the underlying bill, Senator, and I thlnk, as we explained earlier on the underlying bill, that bill would be a bill similar to one that would be subject to sanctions under Rule 11 of the Federal Rules, that be without any any good faieh basis in either 1aw or fact. Senator Petka in committee gave an excellent example of that where a sheriff got sued for some totally frivolous -- reason that didn't affeet health, without any basis in 1aW.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer.

Thank you thank you, Madam President. A question cf the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Palmer. 25  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23r 1995

Senator Lauzen: :'m always leery about a bklk that has -- where my analysis is fifteen pages long. Could you just say ln every brief words ghat this bill is about?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer, Senator Hawkinson is the sponsor of many of this. Senator Hawkinson.

Senator Palner, the reason this is happening, and 1111 try and keep this history brief, but Senate Bills that are listed here - Senate 3i11 118, 524, 747, 1025, 762 - these were Senate bills that passed virtually unanimously in the Senate, went over to the House. The House sent many crlminal law bills over to the Senate. Senator Petka, the Chair of the subcommittee, made the wise decision; in my judgment, of not combining a1l the House bills. We decided that each House bkll ought to receive it's own heartng and -- and no* comblne Ehem up and deprive Members of sponsorlng thelr own bills. Well, unfortunately, last week, without any notice to Senators cr even the House sponsors, the House combined many of our bills. They also added, in some cases, scme controversial provisions to some of those bills. It was felt that the ncncontroversial bills: or at least the ones that had passed the Senate overwhelmingly, ought to be kept alive on this vehicle so that they could be subject to a concurrence, and given the deadlines this week, it might not get passed otherwise. So that's *he reason we're doing it in Ehis method, and there are, I believe, Republican and Democratic bills attached to this bill at the request of both Democratic staff and Republican staff.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Seeing nane, Senator Lauzen, to close.

26 . y '  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23r 1995 I would just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DONARUE) Question is, shall House Bill 1248 pass. Those in favor will vote Aye. Opposed , Nay. The voting ks apen. Have all voted Who wish? Have a11 voted who wish? Have all voted who wish? Take the record . On that questionr there are 56 Ayes, no Naysr 3 voting Present. House Bill 1248, havlng received the required constitutional majorityr is declared passed. Senator Mahar, on Senate Bill -- or House Bill 1461. Senator O'Malley, on House Bill 1465? Read the billy Madam Secretary.

House Bill 1465. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator O'Ma11ey.

Thank your Madam President and Members of the Senate. The -- wedre -- there is an -- we want to take it out of the record. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Out of the record. Senator Cronin, on House Bill 1470. Senator Cronin requests leave of the Body to return House Bkll 1470 to the Order of 2nd Reading for the purposes of an amendment. Is there any objectton? Hearing none, leave is granted. On the Order of 2nd Reading is House Bël1 1470. Read the bill, Madam -- no. Senator Cronin, for What purpose do ycu rise?

Yes. I apologizer Madam President. May I ask leave of the Body... Please proceed, yes.

PRESIDING OFFICER: (SENATOR DONAHUE) On the Order of 2nd Reading is House Bill 1470. Madam 27 ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Secretary, have there been any Floor amendments approved for consideration?

Amendment No. 1, offered by Senator Lauzen.

PRESIDING OFFICER: (SENATOR DCNAHUE) Senator Lauzeny on Amendment No. to House Bill 1470.

May I have leave to come back to this? No? Out of the -- pass then.

PRESIDING OFFICER: (SENATOR DONAHUE) Out of the record. Senator Weaver, on House Bi11 1473? Eenator Weaver, on House Bll1 1474. Eenator O'Malley, on House Bill 1523. Do you seek leave of the Body to return that bill to the Order of 2nd Reading? Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1523. Madam Secretaryr are there any Floor amendments approved for consideration?

Amendment No. 2, offered by Senators Lauzen and O'Ma11ey.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen, on Amendment No. 2. Senator O'Malley.

Thank you, Madam Prestdent. Floor Amendment No. 2 to House Bk11 1523 repeals the Retaik Rate Law as to munkcipal waste incinerators. That's the purpose of the amendment.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, all those... They Weren't on then. Just Went onr Senator Jacobs and Senator Shaw and Senator O 'Daniel. Al1 right? Al1 right. Discussion? Senator Shaw.

Thank you, Madam President. I didn't hear What the sponsor said he was doing with this Amendment No. Could he repeat that 28 ' STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23, 1995 l I again? PRESIDING OFPICER: (SENATOR DONAHUE) Senator O'Malley . ; SENATOR O 'MALLEY: I d1d not hear Senator Shaw's question. Wculd you repeat it, Senator? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. SENATOR SHAW: Would you tell us what you are doing with Amendment No. 2? PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Ma11ey. SENATOR O 'MALLEY: . I am -- I am offering Amendment No. 2 to the billr Senator. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. SENATOR SHAW: Would you explain to us What this amendment does? PRESIDING OFFICER: (SENATOR DONAHUE) Senator O 'Malley. SENATOR O 'MALLEY: Senator, it repeals the Retail Rate LaW as to municipal Waste incinerators. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. SENATOR SHAW: To the amendment: I -- I believe that Amendment No. 3 nullifies Amendment No. 2, because Amendment No. 2 was adopted in -- in comnittee befare Amendment No. 3 and Amendment No. 3 removes everything after the enactment clause. So therefore, I don 't think Ehat No. 2 should be adopted here today . PRESIDING OFFICER: (SENATOR DONAHUE) 29 ' . ) ' . . -. - - .. . - .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 ! Senator O 'Malley. SENATOR O 'MALLEY: 1 i Yes. To clarify: Senator Shaw, that is a recommendation from I ! the committee. It was not an adoption. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. Further discussion? Senator O'Daniel. SENATOR O 'DANIEL: Thank you, Madam President and Members of the Senate. I voted for this amendment in -- in committeey and I thought I had the understanding that Amendment No. 3 would not be called. So as a result of that, I'm going to vote against thls amendment and also against the bkll and all, even though the amendment d1d affect my area as far as wood burninç incinerators Where they could burn wood and paper and stuff. But I think I was mlsled on this. So as a result of that, I'm Withdrawing my suppcrt for the amendment or the bill and everything. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Jacobs. SENATOR JACOBS: Yeah. I Ehlnk mosk of my comnents will wait to see if it gets on 3rd Reading, but I would join with Senator O'Daniel. This -- this bill has been through just about every ccmniktee khak there (s here, and today the Senator happened to find a committee that at least give him a wink and a nod on this. I think thës is a bad precedent that We're setting. There 's some consequences that welll get into a: a laker time. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? There are no lights on. Senator O'Malleyv to close. SENATOR O'MALLEY: Thank you, Madam President. My commenEs are really directed at Senator O'Daniel. And, Senator: I -- you and I have talked 30 ' . ) u - . . . . .' . . ..  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 ; brkefly and there is a nisunderstanding, and I can assure you, Senator, that regardless of What you do on this vote, 1 WLll not l I do anything to hurt your dlstrlct. And you have my assurances on that. If there Was a misunderstanding, it Was not an intentional one. I consider you a gentleman and I will honor the commitment that you expect me to keep. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley moves the adoption of House Amendment No. 2 to -- or Senate Ploor AmendmenE No. 2 to House Bi1l 1523. A11 thcse in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a11 voted who Wish? Take the record. 0n thaE question, there are 28 Ayes, 29 Nays, l voting Present. And the amendment fails. Senatcr O 'Malley, for what purpose do you seek recognition?

I would like to verify the negative votes.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley has sought recognltlon for a verification of the negative votes. Madam Secretary, will you please read the negative votes.

The following Members voted in the negative: Bermanr Bowles, Carroll, Claybcrneg Collinsr Cullerton, DeAngelLs, DeLeo , del Valle; Demuzio, Donahue, Thomas Dunn, Farley, Garcia, Hendonr Jacobs, Jones, Molaro, O 'Danlel, Palmer, Parker, Rea, Severns, Shadid, Shawr Smith, Trotter, Viverito, and Welch.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malleyr do you question the presence of any Member?

Senator Cullerton.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator cullerton on the Floor? He is in the back of the 31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 I I room . I SENATOR O 'MALLEY: j Senator DeLeo. PRESIDING OFFICER: (SENATOR DONAHUE) . I Senator DeLeo is alsa in the back of the room -- or j. 'n the front of Ehe room.

Aha, he 's a hider. Senator Garcia .

PRESIDING OFFICER: (SENATOR DONAHUE) Senatar Garcta? He ls also ln the back of the room, sir.

Senator Rea.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Rea on the Flcar? Is Senator Rea on the Floor? Is Senator Rea on the Floor? Strike his name. Do you question the Member of any other present -- Member present?

Senator Clayborne. PRESIDING OFFICER: (SENATOR DONAHUEJ Senator Clayborne. He is in the back of the Chamberr Senator O'Malley.

No, I do not.

PRESIDING OFFICER: (SENATOR DONAHUE) On a verified roll call, the Ayes are 28, the Nays are 28, and 1 voting Present. The amendment fails. Are there any other further Floor amendments approved for consideration?

FLoor Amendment No. 3, offered by Senators Petka and O 'Malley.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Petka. Senator OlMalleyr in his stead, on Amendment No. 3. Or Senator Petka, on Amendment No. 3. Senator Petka. i 32  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 SENATOR PETKA: i Withdraw Amendmen* No. 3, please. j

PRESIDING OFFICER: (SENATOR DONAHUE) Are there any cther further Floor apendments approved for consideratian?

No further amendments reported, Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator O'Malley, would you like to have House Bill 1523 called on 3rd Reading? Senator O 'Malley?

Madam President, I'm going to defer to Senator Lauzen, who is more familiar with the substance of thls particular plece of legkslatton.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen, on House Bill -- 1523. Madam Secretary, read the bill.

House Bl11 1523. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Okay. Madam President, House Bill 1523 amends the Use Tax Act, Service Use Tax Act, and the Service Occupation Tax Act, and the Retailers' Occupation Tax Act to exempt dental appliances. This bill is initiated by Illinois DenEal Society, and it amends the Sales and Use Tax Act to completely exempt dental appliances, including but not limited to crowns, bridges and dentures.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dkscussion? Senator Welch. 33 . y, '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 i :

i Yes. I have a -- I have a question of the sponscr. j

PRESIDING OFFICER: (SENATOR DONAHUE) He indicates he'll yield r Senator Welch. :

Why would we do this? Why -- why do dentists need an exemption from the sales tax, and hoW much money is this going to cost the State?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Well, to answer your second question first, the Illinois Economic and Fiscal Commlssicn has not been able to determine a flscal impact to municipalities. It has no affect on the State. Where this basically -- where the problem that this is attempting to solve is that laboratories that use this material When it -- either they buy it from in-state or out of state, When they use this naterial, then they have to turn around and charge the dentists who then put it into the patient's mouth r then the dentists are required to -- to pay a sales tax also . I know from personal experience how complicated just the compliance with this 1aw is. I'm sure that whatever municipalities are raising from this money the -- the burden of just complyin: with the law exceeds it.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

Senators I've got Amendment No. l here, which says it replaced everything after the enacting clause, which is that exemption, and then goes on to state that every dental laboratory, et ceterar et cetera, shall apply to the Department for a certificate of registration under this Act. I don't see anything about a tax 34 ' l . . I STATE OF ILLINOIS 89TH VENERAL ASXXMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 exemption in Amendnent No . 1. Is that still on the bill? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen. SENATOR LAUZEN: In the amendment, it addresses what I refer to as the confuston between who pays the tax who has to reqister and who has to pay the tax -- collect and pay the tax. Right now what it is, is confusion between the -- the dentlst's responsibility and the lab's responsibility. Some people consider that this is a double tax. WhaE this amendment on this bill does is ie places the responsibility for filing and collectinç the tax on the laboratories. PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Further discussion? Seeing none: the questton is: shall House 9i1l 1523 pass. Those in favor will vote Aye. Opposed, Nay. The votlng is open. Have a11 voted who wish? Have all voted Who wish? Have all voted who wish? Take *he record. On that question, there are 59 Ayes, no Nays, none vlting Present. House Bill 1523, having recelved the required constitutional majority, is declared passed. Senator Fawellr on House Bill 1587. Senator Fawell. Read the bkll: Madam Secretary. ACTING SECRETARY HAWKER: House Bill 1587. (Secretary reads title of b111) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell. SENATOR PAWELL: Thank you very much. This bill is the bill that allows *he coverage that presently the New Vehlcle Buyer Protection Act covers to also include leased vehicles. It also has a couple of amendments. They're basically clean-up amendments that the 35  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Secretary of State Wanted, including of setting -- giving two more Merit commissioners -- adding to -- two more Merit commissloners. ; Be glad to answer any questions. I

PRESIDING OFFICER: (SENATOR PONAHUE) Is there any discussion? Any discussion? Seeing noney the I question 1s, shall House Bill 1587 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 vcted Who wish? Have all voted Who Wish? .Take the record . On that question, i there are 59 Ayes, no Nays, none voting Present. House Bill 1587: having received the required constltutional majority, is declared passed. Senator Petka, on House Bill 1654. Read the bill, Madam I Secretary.

House Bill 1654. 1 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fetka.

! Thank youy Madam Presidentz Members of the Senate. House Bill 1654 would raise the penalty for criminal trespass to land from a Class C mtsdemeanor to a Class B misdemeanor. It alsc has an amendment on it which basically clarifies those situations whereby a person or a potential trespasser Will receive notice. I don't know of anybody Who's opposed to this. It is a product of the Will County Farm Bureau, and I would urge its adoption.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any questions? Any discussion? Any discussion? Seeing none, the question is, shall Hause Bll1 1654 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, there are 59 Ayes, no I 36  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23y 1995 I Nays, none voting Present. House Bill 1654, having receëved the I ' required constitutional majorlty, is declared passed. Senator I Palmer, on House Bill -- or, 1730. Senator Dillard, on Housg Bill I 1853. Senator Philip, on House Bl11 1900. Senatcr Madtgan, on House Bill 2108. Read the bill, Madam Secretary.

House Bill 2108. (Secretary reads Eitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.

Thank ycu, Madam Presidpnt, Members of the Senate. House Bill 2108, as amendedr represents the Work of the Governcr's Task Force on Horse Racing, and 1'11 attempL to go through this and try to hit the high points of it. As everyone knows, there's a lot of technlcal aspects of this bill. The Amendment Nc. 2 was a hundred and forty pages long. Sor 1et me begin by first of a1l saying tbat tracks Would now be able to have full card slmulcast wagering *o even that situation up, insofar as a neighboring state. Simulcast Wagering is being abte to receive plctures of racetracks -- of races from other states and also allowing them to broadcast their sëgnal to otber states. It authorizes the Racing Bcard to include live raclng at the two State faërs in that mandatory sinulcast program. It provides Fairmount Park with a separate fund distribution method, whereby any revenues derlved at the Park shall remain local, and any revenues derived at the upstate tracks shall also remain local. That's klnd of what everyone has understood as north-north and south-south agreement. Increases the number of authorized offtrack betting facilities from twenty-nine to forty-three and that would be lf they -- if a track I would so desire, and I don't know: at this point, Of any track I 37 . y '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I I that dces have Ehat desire, but if they would have that desirer i they wauld be able to apply -- each track wculd be able to apply for two additional OTB licenses. Provides that the Race Track Improvement Fund shall be equltably distributed between frontside and backside improvements and authorizes the Board to monitor such expendltures and determtne if the allocations conform to multi-year capitalization plans that would be submitted and completed by a licensee. That has been the practice as we've determined at the other tracks, insofar as that distribution method. So this puts that in statutory form. On that, it also extends it because the Race Track Improvement Fund does sunset. And each wasering location which conducts Wagers on simulcas: races may lmpose a surcharge of up to a half a percent on each winning wager and winnings from those wagers during that period from July 1st to December 31st of 1995. Alsoy pursuant to the agreement, it replaces Arlington's current two-and-a-half percent surcharge on winning wagers on its races at offtrack betting facilities with a one-percent surcharge on the handle fram races run at or simulcast fron Arlington until the end of December 1997. Finally, as far as the highlight, it changes the provision Where one objecting registered voter can prevent the location of a wagering facility tc a provision so that when fifty or more registered voters live within five hundred feet that a majority must approve the location of a waserin: facility . Local zoning ordinancesr of course, Will ccntinue *o control the -- that parEicular location of a Wagering faciliEy. With that, Mr. -- Madam President, I would be available for questions.

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

Thank you, Mr. -- thank you r Mr. President and Ladies and Genblemen of the Senate. I always catch a little devil from my 38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 j 1 seatmate here,PatWelchrwheneverIgetupandmakecommentsone way and then vote the other, but I think that this -- this is one 1 ' situation where I really have to do that. Let me tell you the reasons, first off: why I think we shouldn't vote for House 3i1l 2108. Number one, I had an amendment that I tried to put on which was the only reference in the whole bill to live racing . This bl11 does not deal at all with live racing. We're told that the harness horsemen are for this bill. My phone has been ringing off the hook today, including a call from one of the Board members who says half of the Board are opposed to this. But this Was a case to where the skids were greased pretty well. The powers to be in the racing industry pushed this through. Regardless of that - regardless of that, Senator - I'm golng to give you a Yes vote on this, and I'm golng to tell you why I'm going to give you a Yes vote. I'm going to give you a Yes vo*e because there are jobs involved. There are a 1ot of jobs involved. Also I am going to give you a vote because the industry needs it: and I think that we need to protect a1l our industries ln this State. In factr I'm hoping to protect an industry later yet this week that is in trouble. So because of that, I plan on voting Ayg, but I have some serious misgivings on this bill. PRESIDING OFFICER: (SENATOR MAITLAND) Further discusslon? Senator Tom Dunn. SENATOR T. DUNN : Tbank you, Mr. President. I have a conflict and Will not be voting on thls bill. PRESIDING OFFICER: (SENATOR MAITLAND) Further discusston? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. Presldent. Senator, the Race Track Improvement Fund is due Eo sunset. This bill extends it. I've asked the folks at Arlington to *ell me what Eheir plans are for lmproving 39 . ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 the -- the backstretch - the backside. As you knowy stories have i been written about the conditions, the living conditions of -- of the workers at Arlingtcn, those that care for the horses. And lf I you visit Arlingtonr you'll find that when you look at the -- at I the backstretcb, it's like. looking at two different worlds, ustzg . 1 in two different worlds: one of luxury, when you enter the Millionairesî Club and the other areas; and then you walk down to the backstretch and you see that the llving conditions are -- are atrocious. A recent article indicated - in the Chicago Reporter - that more money was spent on -- on shrubs and improving the front , of Arlington - the facade of Arlington - than was spent in improving the living canditions and the living quarters for the famillesthatwork,thatmakeitpossible forArlington to thrive. j My question to you is, glven that I've gotten no real good response from those rppresenting Arllngton, what ln this bill, in this new language, ts going to ensure that we take care of and that the track takes care of and deals With the atrocious living condktions that currently exists? What is in this bill to ensure that more money is put into the -- that area, rather than taking money to -- to put in more shrubs and -- and beautify the racetrack? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Madigan. SENATOR MADIGAN: Thank you, Mr. President. Well, Senator del Valle, I hope -- I hope that thls addresses your concerns by the legtslatkon in it which guarantees that the -- there will be an equitable distribution between the frontside and -- and backside E lmprovements; that it Will be On a fifEy-flfty basis. I understand what your concerns have beens and there have been certainly some stories to support your statements there, in the I ; past. Hopefully we wil1 address that by guaranteetng that it will i ! 40 . ). '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th LeglslaEive Day May 23# 1995 I be an equitable distribution, further guaranteeing, or sayingr i I that the tracks w1ll have to submlt each year a capktal . improvement plan.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator del Valle. SENATOR dEL VALLE: Senator, currently there are some unexpended funds that the track is eligible for. Can the track make use of these funds during this year to do some improvements, given that the overall Fund is -- is not a1l that big - it's statewide - so can this happen?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Madigan.

Wellr thank you, Mr. President. Senator del Valle, this bill has an lmmediate effective daEe. So, I guess to answer your question is, yes, they can, up until the polnt where the Governor signs the bill. END OF TA PE TAPE 2 PRESIDING OFFICER; (SENATOR MAITLAND) Further dlscussion? Senator Cullerton.

ïes. Thank you, Mr. President: Members of the Senate. specifically with regard to the issue that Senator de1 Valle raised, I was on the -- the Governor's Task Force, and in that Task Force: suggested that we have language such as this. So , for 41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 the first time, the Racëng Board will have the authority to tell the racetracks that when they ask for reimbursements from the Race Track Improvement Fund , they can look at where they're spending the money, and that the languaçe ''equitable distribution'' was put .. I in the Statute so that now, for the first time, the Racing Board I can say to the track owners, ''Look it, you're asking for'' - in the case of Arlington - ''over a milllon dollars for reimbursement. ' Where did you spend the money?'' 5o, we thlnk that this will be some kind of a -- of a handle on -- on the Racing Board. We should remember that in this btll We are removing a sunset provision. That sunset provision would have sent the Race Track Improvement Fund money back to the General Revenue funds. We are, in effect, giving the track owners about four miklion dollars a year to contlnue to use to improve their tracks. We are asking, in this speciflc language, that -- that they do that in an equitable manner With regard to the backside and -- and the conditions in the backstretch. Ncw, Mr. President, I have a question for kegislative intent purposes of -- of the sponsor, and I am a cosponsor of the b11l with him . Senator Madigan, on page 1l0 of the bill, there is language that purports to be a hold harmless for the State and for local governments so that they won't lose any fees or any taxes as a result of the btll. We also are keeping intact the ability of countles to impose an admissicn fee for an inter-track wagering lccation. I just want to make it clear that if a county -- and there are no counties, by the way, that impose this fee now, but if a county was to impose it, that that money could be additional money to that county and that the hold harmless wouldn't, in effecty penalize them for imposing that fee. i PRESIDING OFFICER: (SENATOR MAITLAND) I 1 Senator Madigan. I SENATOR MADIGAN : . 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23r 1995 Thank you, Mr. President. That is correct, for legislatlve intent, that that hold harmless agreement would not prohibit them , and they Would, if they so desired, be ablg ko impose thak qdditional amount. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Purther discussion? Senator O'Daniel. SENATOR O'DANIEL: Thank you, Mr. President, Members of the Senate. I think this is a step in the right direction to help the racing industry, the horse breeders and -- and things, in this State. You know, our racing industry ls -- they've been gcing downhlll ever since we -- especially since We've had riverboat gambling. We aren't competitive with our purses with other states, and I just think this is going to be something that's very beneficial to the -- the horsemen, the tracks and everyone, and also the backstretch. You know, we passed some lggislation a few years back that would entitle the backstretch to part of the breakage. And, you know, if we can enhance this industry, that should also help the -- the backstretch, and there's provisions in this bill to also help the backstretch. But I think this is a step in the rlght direction: to help the raclng industry in this State Which creates a 1ot of jobs. There's -- there's a lot of people employed. It's very beneficial to agriculture, to a11 of our people. And I thLnky you knowr that this ls somethlng we should pass. PRESIDING OFFICER: (SENATOR MAITLAND) Further dlseussion? Senator Lauzen. SENATOR LAUZEN: Thank you, Mr. President. A couple of quesEions for the sponsor. : PRESIDINGOFFICER: (SENATORMAITLAND) j Indicates he will yleld , Senator Lauzen. I SENATORLAUZEN: 1 I 43 : .. . ' - . - .. . - ....- . -J -  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day Ma# 1995 Senatorr by increasing the number of offtrack betting parlors from twenty-nine to forty-three, are we expanding gambltng by potentially flfty percent in the State of Illinois, potentially?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Madigan.

Well, yes and no. suppose the correct the technical and eorrect answer to that would be no. However, at the same time, this does allow them, if they so desire -- althoush I don't see them doing that because the OTBS aren't doing that wellr but they Would apply for those licenses and if they were granted, then your -- the answer to your question Would be yes.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen.

Thank you. understand that the revenue raised from horse racing that goes to State and local tax revenue is going to remain at calendar year 1994 levels, and then the pool that -- of the first eleven million dollars that kould have gone to the State and local governments will be allocated for purse noney distributed in the succeeding calendar year. And I'm Wondering -- do understand that correctly that -- thaE you're going to fix the tax revenues: and *he next eleven million dollars that's produced by horse racing, that's going to stay for purses so it will not be going out to local or State governments?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Madigan.

That's -- that's essentially right, but I think the correct definition for it would be capping, rather than fixing.

PRESIDING OFFICER: (SENATOR MAITLAND) Senatar Lauzen. 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

Finally, my understanding -- to the bill: My understanding ls that this -- that the blll started out as a bill to help the horse owners and breeders, which I know that a lot of hard work has gone into helping them r and -- and I would support that. I've been told that it's ending up being a benefit primarily to the large racetrack owners, and I would think that in the nix of things that the benefit -- the primary benefit needs to go to the horse owners and breeders. Thank you very much.

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

Thank you, Mr. President. I rise to echo scme of the concerns about the state of the horse racing industry the State cf Illinois and the fact that we need to do something to ensure that it continues to thrive and to do well, given the economic importance that it has to the State of Illinois. But at the same time, would like to reiterate some of the eoncerns that have been raised by a eouple of the speakers, and that is that the hardworking men and women at some of the most beautiful racetracks a1l over the State of Illincis should be treated with dignity. I am going to vote for this bill because I have a horse racing facility in my district, I'm also going to do everything posstble by vislttng the horse -- hcrse track racing facilities to ensure that everyone Who Works there is treated With diçnity. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Molaro. SENATOR MOLARO J Yes. Thank you, Mr. President and Ladies and Gentlemen of the Senate. I stand in support of this bill. don't know if may have a eonflictr because I have been known ko be* a bcb or two cn 45  STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 the horses, but I don't think that causes a conflict. We have the ethics people taking a look at it. However, there's nothlng in this bill that anybody should be afraid mean, in horse racinq, sad to say, Illinols ls no* on *he cutting edge. We seem to make changes tuo, three: four, five years after it's done throughout the rest of the counkryy and that's why we're always lagçlng behind. I think if we ever got a -- a new thought, and it was ever brought into law, I would be amazed: horse racing. The good part about this bill is does not stick it to Ehe bettors, like the bills used to do in '85 and '86. Bet*ors in Illinois and people who bet on them, for some unknown reason, are not looked at as consumers. I guess people think if you 're -- if you're going to bet on a gamblin: thing, welly the heck with you and who cares and you might as well gouge you. Wellr finally, We came up with a bill that is not sc bad to the consumers of horse racing industry in this Statey and let's hope that continues. Thank you.

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

Ygs. Thank you, Mr. President. I'd just like to congratulate and thank Senator Madigan and our skaffer, Phll Draves, and Jim Reynolds from the Department Lf Agriculture, and the Task Force who's put together, I thinkr a -- a piece of legislatlon that's going to save a racetrack in my area. The economic viability of Fairmount Race Track located in Collinsville, in Madtson County, has been thrgatened over the last several years prtmarily because of the -- the riverboat situation. this last week, the racetrack is under water due to the elements. So it's -- it's had its tough times. There 's same -- three thousand people that have - - that are associated in one Way or another with Pairnount Race Track. Either they're horsemen and breedersr or they work in the 46  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 trackr or they -- theydre farmers in the area that supply a lot of the -- the needed grain and hay or whatever for the track. There's a -- there 's a lot of people that depend on khe track for thelr own economic well-being. This is an -- obviously, an important piece of legislation to those of us Who represent southwestern Illinols and are concerned about the continued viability of Fairmount Race Track, and I urge your suppcrt.

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

Well, thank -- thank you, Mr. President. Very briefly, 1et me just say that the -- the concern abcut the Race Track Improvement Fund and the backstretch was -- has been, in my opinion and everyone else's on the Task Force, adequately addressed by Senator Cullerton's efforts in that direction in his participation on the Task Force. Let me just say that, yeah, Ehere's khirty-seven thousand jobs here. Horse racing ls -- is being impacted by other forms of wagering that are available in Illinois. We do not feel, however, that the owners are coming cut better than the breeders and owners, and the purse structure ls better - much, much, much better - than ever Was. Yes, the industry does benefit fron this as a whole, but truly believe and everyone else on the Task Force believes that this is of a greater benefit to the horsemen and owners and breeders than to the tracks. Let me just close by trying to establish a little leglslative intent on Section 26 (g) (4), where ie's dealing with net pool wagering and gross pool wagering and the word ''shalln. The Word ''shall'' should only apply to gross pool wagering because of the different distributions of other states. And -- and in that, on the net pool wageringy the word ''may'' should apply. With that, would just ask for a favorable roll call, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 The question is, shall House Bill 2108 pass. Those in favor will vote Aye. Opposed, Nay. The vcting ls open. Have a1l voted who wish? Have al1 voted Who wish? Have a11 voted who Wish? Take the record, Madam Secretary. On that questlon, there are 47 Ayes, 9 Nays, l Member voting Present. House Bill 2108, having received the requlred constitutional majority, is declared passed. House Bill 2226. Senator Cronin. Read the billy Madam Secretary.

House Bill 2226. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SCNATOR MAITLAND) Senator Crcnin.

Thank you very much, Mr. Prestdent, Ladies and Gentlemen of the Senate. Senate Bil1 or, Hcuse Bill 2226 was amended in committeer and the amendment became the bill. We had a good debate in committee. It extends the date for the phase-in of the Family Preservation Program. Currently the Department of Children and Family Services is mandated to do it right now . We're putting this off for five years. The option is either now or five years from now. We deleted language that the adninistration was seekins. We are putting that lanquage in the Budget Implementation Act. We don't believe the fed match should -- is an issue. I ask for yaur favorable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2226 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who Wish? Have al1 voted who wlsh? Have a11 voted uha wish? Take the record, Madam Secretary. On that questiony there are 58 Ayes: no Nays, no Members voting Present. House Bill 2226, havlng received 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 the required constltutional majority, is declared passed. House Bill 2251. Senator DeAngelis. House Bill 2330. Senator Parker. Read the bill, Madam Secretary.

House Bill 2330. (Secretary reads title of b11l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Parker.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 2330 changes the screening requirement for blood lead screening of children ages six months through six years. It requires lead screening for a11 children who reside in a high-risk area as determined by the Department of Public Health. It also amends the Communicable Disease Report Act ta require the confidentiality of reports made by medical practitioners or other persons concerning cases of injury, medical conditlon or procedure in sexually transmitted diseases. In addition to that: there are four amendments. Two of those anendments include Senate Bill 791, Senate Bill 746, which passed the Senate but were held ln the House Rules Committee, and one of them closes the loopholes in the disclosure of AIDS information by the Department of Health. The thlrd amendment recreates House Bill 1277, which passed the 105 to nothing, but was held in the Senate Rules Committee. It amends the Illinois Hea1th Facilities Authority Act. The fourth amendment Was formerly Senate Bill 905, Which passed the Senate 57 to nothinq. What does puE the Cook County funeral directors in compliance With the other hundred and one counties of the State. I'd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Molaro. 49  STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

Yes. This ts -- on the part of the bill, probably about maybe five parts of your bill are fine. I$d like to talk about what was considered Senate Amendment No. 4, which is *he medical examiners. Do you have any idea where the Cook County Medical Examiner might be on this, if you Would yield to that question?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Parker.

heard this morning where the Cook County Medical Examiner is after this had passed the House back in April, but I would refer the questions on this particular amendment to Senator Walsh, because this was his crlginal bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro .

'Cause I'm told that it's not his original bill as passed; that it that added -- that language was added to your blll, Senator Walsh, uhen it was over in the House. Is that correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Walsh.

Yesr it was. What we did is we -- we put an amendment on there that said that the funeral director, in the case where there was a - - a body had ta be exhumed , that the funeral director Would pay that cost, and the medical examiner wculd not have to pay that cost. So I would hope that thaE would be frlendly language for the -- fOr the Medieal Examiner. I Want to point out also though that the chicago believe iE's called the Chicago Department of Public Healthr whichever Sister Sheila Lyne is in charge of, is - - is in support cf this bill.

PRESIDING OFFICER: (SENATOR MAITLAHD) 50  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56*h Legislative Day May 23, 1995 Senator Molaro. SENATOR MOLARO: I I Then juse eo *he b1ll: Problem that got past us gesterday is l I that we take -- Nhen -- when a Senator comes up and we start . j talking about adding amendments to House bills that were Senate bills, so it's the Senate bill that passed out of here, We have to make the assumption that it's the Senate bill unamended. If wedre going to amend the Senate bill, Ehen we have to -- We have to take a little notice; otherwise, you know we dre going to have tc take a1l day reading them . So I'm not saying it's anybody's fault; I'n not making an accusatlon. However, to the way your bill Was amended: In Cook County - it's the only county that does it because of the sheer volume of burials - what we do now is when someone dtes, you get a death certlficate. The funeral director must take khe death certificate down to the county building to get a burial permit. Wellr nou the funeral directors came up and saidr ''We want to seop that. We want to have our cwn burial permit issued without having to go to the eounty.'' Well, Cook County agrees to that and what they would do is they Would get a death certificate seven days later. What was in the original bill and what the understanding was, that if# tn turn, this funeral director - because he fills out these forms - buries someone and there is no death certificate issued: and a problem arises because of the funeral director's premature buriak: so to speak, and there's a problem and the Cook County Medical Examiner has to exhume, which it costs anywhere ko ten, fifteen thousand dollarse that because the funeral dkrector is the one that okayed putting the body in the ground, that the funeral director should pay for this. Now that's what we thought. However, khere -- Where I read 1 it, it says that if the funeral director just signs some letter I I stating that he -- he thought a -- he was getting a death 2 I certificate or the death certificate was coming: then he would be j I ! 51  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATD TRANSCRIPT 56th Legislative Day Ma# 1995 immune from having to pay for it, and therefore, the taxpayer would have to plck up. And that was Ehe little nuance that was stuck in ln the House that passed us Nhen this amendmenE hit the Ploor. Now I don't know what we're going to do about it because we can't dlvide the questlon, I assume. And he's and he's answering yes. But I'd just like to point thak out so maybe When the Governor gets this, he can do same amendatory veto. I'm not here to kill your bill. That's for sure. And I can't do it anyway, sad to sayr but -- but I just wanted to point that out. Thank ycu.

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

Well, I understand what you're sayingr Senator, and the -- the amendment that we pub on the bill was put on there for the Medical Examiner. Now is it everyhhing that the Medical Examiner uanted to be put on there? Maybe it isndt, but thts uas put on there for the Medical Exaniner to make a little blt friendlier, and lt does say right here in the amendment that -- that funeral director or person aceing as such is responsible for payment of specific eosts incurred by the county nedical examiner in disinterring or reinterring or re-entombing the dead body. think that thatls pretty plain and clear as tc who 's responsible Cor -- for the payment there, and ean't understand the opposition of the Medical Examlner. Thls, as I said, is done in a hundred and one other countiesp and there are some okhgr counties that are -- are fairly large, and there has been no problem. So don't understand the -- the opposition to Ehis bill, and stand in support of iE.

PRESIDING OFFICER: (SENATOR MAITLAND) Further dlseussion? Senator del Valle. SENATOR dEL VALLE: 52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 Thank you, Mr. President. A question for the sponsar.

PRESIDING OFFICER: (SENATOR MAITLAND) He indicates he will yield, Senator del Valle. SENATOR dEL VALLE: Senator, in this bill We are redefining high-risk and low-risk areas under the Lead Poisoning Act. Can you explain the difference between this new definition and what is currently in the Statute? PREGIDING OFPICER) (SENATOR MAITLAND) Senator Parker.

The high-risk areas are defined as thcse areas of the State which pose a high-risk lead of expcsure for children through six years of age. Low-risk areas are those areas whieh pose a low-risk lead exposure for children through six years of age. When determining risk areas, the Department is required consider the a:e of housinç' percenkage of housingz determined as rental or vacant: industry containing lead, percenkage of population living below two hundred percent of the federal poverty guidelines, and the number of children residing the area Who are six years of age or younger.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator del Valle. SENATOR dEL VALLE: So, Senator, is the effect of this redefinition to -- to broaden the category and to include more kids in the testing?

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Parker.

The idea is to target Ehose that are more susceptible to exposure, insEead of requiring it for every single chlld who may be in a -- an area where there probably is hardly any exposure. We want to be able to target it to those and make sure thak khose 53  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23r 1995 children are taken care of.

PRESIDING OFFICER: (SENATOR MAITLAND) Ts khere further discussion? Is there further discussion? If not, Senator Parker, to close. 1 ' . I SENATOR PARKER: I I There is House Bill 2330. There are four amendments on this 1 . bill. It is a good bill and there are a 1ot of good amendnents. I If there is any concern with Amendment 4, I Nould prefer that Ehat b ' level, and I would ask you for a 1 edoneattheGovernors 1 favorable vote on this blll. Thank... 1 I ' j PRESIDINGOFFICER: (SENATORMAITLAND) ? The -- the question ls,shall House Bill 2330pass. Those in 1 favor will vote Aye. Opposed: Nay. The voting is open. Have a11 I voted who wish? Have a11 voted who Wish? Have a1l voted who Wish? 1 Take the recordr Madam Secretary. On that question, there are 50 t 1 Ayesr 6 Rays, 3 Members voting Present. House Bill 2330, havin: 1 I I received the required constitutional majoritya is declared passed. J I I House Bill 2338. Senator Cranin. Senator Cronin on the Flocr? I I I Senator Cronin? House Bill 2429. Senator Rauschenberger. Read I I I the bill, Madam Secretary. I l I ACTING SECRETARY HAWRER: ' j j House Bill 2429. I I (Secretary reads title of bill) I ! 3rd Reading of the bill. . I I I

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger. SENATOR KAUGCHENBERGER : I 1 House Bill 2429 includes two provistons. 1'11 start with the ! f amendment first, which we discussed yesterday. It's the I ' codification of CDB's procurement procedures that we worked on for : quite some Eime. Question arose yesterday about impact to JI I minority and female business participation. The Department and I 1 ! 54 (. '  STATE OF ILEiHèij 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day 8a# 1995 CDB feel there 'll be a sli:ht increase in access from the way the rules are written. There is no effect on the Preference Section of the Procurement Code as it's written ln the Statute today. The underlying a request form TDOT supported by the contractors to establish a cap on the Response Contractcr Indemnificatlon Fund at four million 'dollars. Any time that that Fund falls below four millton dollars, they'll reinstitute a five percent assessment on contracts. There hasn't been any utilization of the Pund, I think, in over four years. This is an agreed bill. It's an administration IDOT proposal. I'd appreciate favorable support of this bill.

PRESIDING OFFICER: (SENATOR MAITLAND) there discussion? Is there discussion? notr the question is, shall House Bill 2429 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who Wish? Have al1 voted who wish? Have a1l voted who Wish? Take the record, Madam Secretary. On that questiony there are 56 Ayes, no Naysr no Members voting Present. House Bill 2429, having received the requlred constitutional majority, is declared passed. Messages from the House.

Message from the House by Mr. McLennand, Clerk. Mr. Presidenk am directed to inforn the Senate that the House of Representatives has concurred With the Senate in the passage of a bill of the followin: title, to wit: Senate Bill 358, together kith the following amendmenkr which is aeeached, in the adoption of Which am instructed to ask the concurrence of the senater to wit: House Amendment We have like Messages on Senate Bill 368, with House Amendment 17 528, with House Amendment 17 560, with House Amendment 17 and 585, with Housg Amendment 1.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION i SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Al1 passed the House, as amended, May 23rd, 1995. PRESIDING OFFICER: (SENATOR MAITLAND) i I'm sorry, Senator Geo-Karis. For vhat purpase do you rise, ma'am?

Paint of personal privilege.

PRESIDING OFPICER: (SENATOR MAITLAND) State your point.

I'd like to congratulate Senator Dudycz, our Sergeant-at-Arms Tracey Sidles, and our Page Chris Kratzer, and all of their associates, for the very flne picnic they put forth to honor our very fine and capable staff on the Republican side. And I would llke to thank -- and I mean thank very much -- our staff on the Republican side for having done such a great job for us in keeping us with our sanity. Congratulations to all of them and to you, Senator Dudycz, and to Tracey, and to Chris and your associates, for putting on such a fine picnie last night.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz, for what purpose do you ariser sir?

Thank you, Mr. President. On a point of personal privilege, I don't see Senator Maitland here just -- just as I didn't see him yesterday at the picnic. He said he was going to be there, and I saved a hamburger far hin. I meant -- 1 meant Demuzlo . Pardon me, Senator Maltland. Senator Demuzio . I keep mixing the two of you up. Senator Demuzio said he was going to be there yesterday, and I saved a hamburger for him. So, Senator Demuzio, if you're within earrange -- earshot range, I -- I still have that J hamburger. It's in the trunk of my car, and you can pick it up I I anytine you wish. 1 ! PRESIDING OFFICER: (SENATOR DONAHUE) I 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 On page 8, on the Order of Concurrence, is Senate Bill 46. Senator Mahar. Senator Maitland, on Senate Bill 50. Mr. Secretary.

move to concur with the House in the adoption of their Amendments 1 and 8 to Senate Bill 50. Filed by Senator Maitland.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

Thank you very much, Madan President, Members of the Senate. This will be a -- a split motion. I would first move to concur with House Amendments No. l and 8 to Senate Bill 50.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, Senator Berman.

This is a motion to concur. Could he explain What the what the amendments arey please?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

Thank you very much, Madam President, Members of the Senate. House Amendment No. 1 adds the contents of House Bill 445 that Was held on 2nd Reading the House and was referred back to conmittee. The -- the amendment contalns a proposal on alternative schools. It provides that beqinnins with the '67 -- I'm sorry 196-97 school yearr Ehere shall be created a sysEem of alternative schools for students who are suspended or expelled with at least one alternative school being allowed in each educa*ional service region. ThaE is -- EhaE is Amendment No. Senator Berman. And 8, Senator Berman, is language that Was 57  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE QRANSCRIPT 56th Legislative Day May 23r 1995 Suîiesbed by RepresentaEive Churchill and SenaEor Geo-Xarls. You want me to qo through that amendmentr Senator Berman? Al1 right. J Thank you. ' 1 PRESIDING OEFICER: (SENATOR DONAHUE) , I ''. / Any further discussion? Seein: none, the -- Senator Maitland I moves to concur in House Amendments No . l and 8 to Senate Bill 50. I Al1 those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Nho wish? Have al1 voted who Wish? Have a1l voted who wish? Take the reeord . On that question, there are 58 Ayes, no Naysr none voting PrBsent. The Senate does concur in ' I House Amendments No. 1 and 8 to Senate Bill 50. Senator Maitland. j I SENATOR MATTLANDI I I Thank you, Madam Presldent. I Would noW move to non-concur in I I House Amendments No. 4 and No . 7. I I J I PRESIDING OFFICER: (SENATOR DONAHUE) 1 I Senator Maitland now move to non-concur in House Amendmenk No. j 4 and 7 to Senate Bill 50. Ts there any discussion? Seeing nane, a11 those in favor: say Aye. Opposed, Nay. The Ayes have itz and themotioncarries.TheSecretaryshallsoinformtheHouse. WBBM 1 l Tv-channel 2 tn Chicago requests permission. Is there leave I I granted? Leave is granted. Senator Rlemm, on Senate Bikl 67. I . I Mr. secretary. $ I I SECRETARY HARRY: I I I move to concur with the House in the adoptign of their I ( I Amendment No. 1 to Senate Bill 63. Filed by Senator Klemm. I PRESIDINC OPPICER: (SENATOR DONAHUE) I I I Senator Klemm . I I I SENATOR ELEMM : I Thank youg MadaR President, Members of the SenaEe. House l I I Amendment 1 to Senate Bill 63 allows the toNnship electors to I l ) lease properky for a nonprofit organization and allows tbem to use I 58 l ..  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 a portion of that structure. It also allows the township electors to declare surplus property so that it could be donaked by the i town board to a nonprofit organizakion, and I do ask for your I I concurrence. . 1 PRESIDINGOFFICER: (SENATORDONAHUE) Is there any discussion? Senator Berman. 1 I J I SZNATOR BERMAN: I Question of the sponsor. PRESIDING OFFICER: (SENATOR DONAHUE) 1 Indicates he 'll yield, Senator Berman. SZNATOR BERMAN: According to our analysis, the lease to the not-fcr-profit would be for up to fifky years - 50. Is that correct? PRESIDING OFFICERJ (SENATOR DONAHUE) I @ Senator Rlemm. SENATOR KLEMM: I I It's not to exceed fifty years. I 2 PRESIDINGOFFICER: (SENATORDONAHUE) 1 Senator Berman. 1 l SENATOR BERMAN : 1 I'n readlng the series in the Chicago Tribune regarding the ' f j Chicago Board of Education where there were lease entered into j ninety years ago, fifty years agor that were, perhapsr competttive 1 and remunerative when they were entered into: but time moves on and what Was a fair return on Khe investment back then certainly isn't a fair return today. And even though it's a not-for-proflt, we're skill dealing with public property, and 1'm -- I just I queskion why we're allowlng a fifty-year leases to be entered I I into. It seems like an awful long time, and if the situation -- l I I justifies itr the lease could ber for example, ten years and I I renewable. But for a ten -- fifty-year lease, it just seems like I it'saveryquestionablebusinesspractice. I would appreciate / ! 59 I ' w .  STATE OE ILLINOI: 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 I your comments/ Senator Klemm . I I PRESIDINGOFPICER: (SENATORDONAHDE) Senator Klemm . 1 I SENATOR KLEMM : Thank you. Those are obviously concerns of many of us too: and orkginal legislation that was enacted before through the Senate and died in the House was for ninety-nine years, which Was a very long time. But this is for construetion of facilities, and -- and f 1 or somebody to build a building,let'ssay,andthenhaveit 1 pulled away after five or ten years vould be kind of not 1 I . I consistent wtth Ehe expenses they're going through. What it does do, for Ehe safety of the voters, the taxpayers: it does require I j I public notices: and hearings are required, Which doesn't happen l I I for your example you gave for the City of Chicago. It also says I I that it must use a competitive bidding process, again opening up I I 1 that process so that everybody knows what's going on - both the I I I public and everyone else. And it did limit it to -- it would be I fifty years, and that is the longest it could be. Now, *he town / I I board could determine that the facility wauld only be used for ten I I years, and Ehat's the length of time they would grant. It's only 1 for the period of time they feel that the expendktures would be I I involved in. I think the safeguards are there fcr the narrow I I scope that we tried to do, but I Weleomed your questions. 1 I I PRESIDING OFFICER: (SENATOR DONAHUE) . I I Purther discusslcn? Senator Collins. SENATOR COLLINS: Yes. Question of the sponsorp please. PRESIDING OFFICER: (SENATOR DONAHUE) Tndicaees he 'll yield, Senator Collins. SENATOR COLLINS: 1 I I Senator, on thak same line of -- of questioning, what happens I I khen the nonprofit organization goes out of business, no longer I I I I 60  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 56*h Legislative Day May 23r 1995 functional? Do Ehey ehen have the -- the authority tn sublet that property to someone else, a nonproflt organizatlonr or does it go back to the original lessee? There is a problem wlth that in the City of Chicago, and I have on# in my districe where :he Board of ' Education did enter into a long-term lease W1th an organizaticn I i which does no longer exist: and the buildinq just sit there 1 because *hê -- they never really sublet the property to someone else and it wasn't elear as to whether or not the property then goes back to the Board or whether or not the termination of the -- the dissolving of Khe organization: in and of itselfr nullifled the lease agreement - the long-term lease aqreement. So, is anythlng in this bill that would ensure khat the lease is nulllfied if, in fact, the organization is either dissolved, or dysfunctional, you know , without bein: dissolved?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.

I Well, we feel that Would be covered in the lease. If the two I I f parties are -- entered into an agreement and one goes bankrupt, I I I obviously that lease is terminated and the township and the I I I taxpayers would take over it all. So actually' they become the I ! ' j Winner. Bu* also, the lease -- and when I'm talking to the lggal I people, they said the lease obviously can be added to whatever I I provisions that that town baard feels it needs for even extra I ' J I protection. so thatls the reason we allowed iE this Way, so that, I I one, if they go through bankruptcy, lt goes right to the cwners of the properEy, Nhich are -- Which is the -- the township. And if, I 7 I in fact, they wish to have more stringent controlsz they add that 1 I I to the lease. So I think Wefre safe on it: and again, it's a I question that we ralsed when this was first brought to us. I $ PRESIDING OFFICER: (SENATOR DQNAHUE) I E ! urther discussion? Further discussion? Seeing none, Senator l I 61  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day Ma@ 1995 Klemm, to close. Do ycu Wish okay .

Just appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR DONAHUE) This is final actionr Ladies and Gentlemen. The questton shall the Senate coneur in House Amendment No. l to Senate Bill 63. Those in favor vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Hdve a1l voted who wish? Take the record. On that questiony there are 59 Ayes, no Nays, none voking Present. The Senate does concur in House Amendment No . to Senate Bi11 63r and having received a required no -- constitutional majority. is declared passed. Senator Peterson, on Senate Btl1 77? Mr. Secretary.

I nove to coneur with the House in Ehe adoption of their Amendment No. to Senate Bill 77. Piled by Senator Peterson.

PRESIDING OPPICER: (SENATOR DONAHUE) Senator Feterson.

Thank you, Madam President. Members of the Senate. Amendment - - House Amendment 1 ko Senate Bill provides for quick-take provisions for the Grand Avenue Railroad Relocation Authority, the Villaqe of Palatiney the City of Aurora, the Village of Romeoville, *he Anna-lonesboro Water Commission, White County and the Ctty of Effingham. Thege are a1l quick takes that have a perlod of time from one year to thirty-six montbs. Ask fcr a favorable roll call.

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

Yes, Madam President. Sponsor yield? 62  STATE 0F ILLINOIS 89TH GENERAL ASfEMBLY REGULAR SESSION SENATE TRANECRIPT 56th Legislative Day MaY 1995

PRESIDING OEFICER: (SENATOR DONAHUE) He indicates he 'll yield, Senator Trotter.

Senator Peterson: are these for specifle projeets, this -- these qulck-take provisions that you have in here?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Peterson.

Xes, they're Cor specific projeets. That's eorreet.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter. Senator Trotter.

Ygs. And you said that they are just for a specific amount of time. What kind of time do you have on them?

PRESIDING OPPICER: (SENATOR DONAHUE) Senator Peterson.

The time ranges anywhere from a year to three yearsr and they're a11 for specific projects.

PRESIDING OEPICER: (SENATOR DONAHDE) Further discussion? Senator Cullerton.

Yes. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR DONAHUE) He indicates hedll yield, Senator Cullerton.

Was there a -- a request for a fiscal note filed on this bill either in the House or the fenate, if you know? PRE6IDING OFFICER: (SENATOR DONAHDE) Senator Peterson.

Not that I'm aware of, but I do have 0ne handy. I could get 63  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION I SENATE TRANSCRIPT s6:h Legislative oay May 23, 1995 it for you real quick, if youfll 1et ne sign it. PRESIDING oFFIcER: (:ENATOR DONAHUE) senator cullerton. SENATOR CULLERTON; And I bet that it would say that there's no fiscal impact. Is that correct? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Peterson. SENATOR PZTERSON: There 's no fiscal inpact ko the State. These are a11 local government projects. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Cronin. SENATOR CRONIN: Thank you very much, Madan President, Ladies and Gentlemen of the Senate. I rise in support of this bill. There are a number of provàsions in it that are very specifically drawn to address speclfic problems for various Members. There is one provision in this bill that -- that addresses a problem that has existed for twenty-five years in the Village of Franklin Park. Anyone who's traveled east or West on Grand Avenue in the West Cook County region is famillar with this. We have been trying to get an underpass constructed tbere, and we have run into innumerable problems over the years. We finally have crafted an agreement between a11 the respective parties. We dve had extensive investigation and -- and we 've resolved scme environmental issues. Finally wedve come to a point where we can now address a safety lssuee an issue that has plagued the Whole west Cook County area, and this is something that is extremely important to many, many people in the Nest suburban Cook Caunty area. And I urge your strong support. Thank you. PREEIDING OPFICER: (SENATOR DONAHUE) 64 I 1 . 1 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGDLAR SESSION SENATE TRANSCRIPT 56th Legislative Day Ma# 1995 Further discussion? Further discussion? Seeing none: Senator Peterson, to clcse.

Ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Ladies and Gentlemen, this is final action. And the question is: shall the Senate concur in House Amendment No. to Senate Bill 77. Those in favor wll1 vote Aye. Opposedz Nay . The voting is open. Have all voted Who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record . On that question, there are 55 Ayes, 3 Naysr none votin: Present. The Senate does concur in House Amendmenk No. to Senate Bi11 77, and having received the required constitutional majority: is declared passed. Senator Madigan, on Senate Bill 114. Mr. Secretary.

move to eoncur with the House in the adcpticn of their Amendment No. l to Senate Bill Piled by Senator Madigan.

PRESIDINC OFFICER: (SENATOR DONAHUE) Eenakor Madigan.

Thank you thank you, Madam President and Members of the Senate. Senate Bi11 114, as amended, largely contains Senate pension bills that Were held in Rules. Elrst of all, it amends the Chlcagc Firefëghter Artlcle of *he pension Code to allow resumption of certaln widows' annuities that have been suspended upon remarriage. amends the General Provisions Articles af the Pension Code to brins those changes or those Sections under compliance with federal law . Amends the state Finance Ae* and the Illinois Penskon Code as far as the definitkon of an ''eligible employeef' for purposes of calculating certain State fundtng requirements. Amends the Illinois Municipal Retirement Fund 65  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56*h Legislative Day May 23' 1995 Article of khe Pension Code to make adminiskrative changes. Allows employee annuitants Eo designate a death benefit beneficiary. Further amends the Downstate -- Firefighter Article of the Pension Code ln r:lation to survivors of deceased firefighters while being killed during duty. Amends the Illinoia Pension Code to allow persons employed by the Office cf the Cook County State's Attorney to kransfer creditable servtce from the Chicago Police Pension Eund to tbe Cook County Penslon Fund. anends the Chicago Park District Article of the Pension Code to provide a package of early retirement tncentkves. It amends the Chicaîo Teacher Article of the Pension Code to require that one of the contributor trustees be a principal or sehool administrator. adds an annuitant to the Illinois Municipal Retlremenk Fund Board of Trustee. clarifles pension credits under *he alternative formula for service in that capacity before '89, as far as the Attorney General ânvestigators in the State Employees' Retirement System. It inserts language the Chicago Police Pension Fund to parallel language that is in -- currently in place for the Chtcago Firemen's Aension Fund, and it brtngs inko llne the survivors' benefit under the General Assembly Retirement Systen With the Members vesting time of service. Nould be glad to answer any questions on Eenate Bill 114.

PRESIDING OPFICER: (SENATOR DONAHUE) Is there discussion? Senatcr Cullerton. SENATOR CULLERTON) Xes. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he 'll yield, Senatcr Cullerton. SENATOR CULLERTON; Yesr thank you. Senator, I've been asked to ask a couple of or some questtons with regard to one of the provisions, and that would be the one that affects the Chicago police: who 's also 66  GTATE OP ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23y 1995 been a General -- General Assembly Member. Do you know hoW many people this provision affects?

PRESIDING OFFICER: (SENATOR DONAHUE) S:nator Madisan.

As far as I understand at this point, Senator, there could be kwo Members -- two people affected by this.

PRESIDING OFFICER: (SENATOR DONAHUE) senator Cullerton.

Is there a contribution required to acquire this credit?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.

Yes, they do have to pay the contribution required.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

If you could have your staff double-check that. I have a fek more questions. Can a police officer already acquire credit for time absent from his job?

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Madigan.

Well, that's Why this lansuage is being put in, to put it on the same level as the Chicago firefighters, with regards to the Chicago poliee.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Cullerton.

No. I understand itls the same as the -- the firefighters. but my question Was: Can a police officer already acquire eredit for 67  STATE OF ILLINOIS 89TH GENZRAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day 8aY 1995 time absent from h1s job, if he Wasn't a Member of the General Assembly?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.

Yeah. That kould -- Senatory tbat would determine our -- guess that questicn could best be answered by if we knew what the reasons for absence vere.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

Would the police pension be based cn the salary the Member earned or the salary that would have been earned he or she had been paid for the days absent?

PRESIDING OFFICER: (SENATOR DONAHUE) Senakor Madigan. SENATOR MADIGAN; It would be based on a reduced salary, taking in*o aceount the absence.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Cullerton.

Do you -- could you tell us what the cost to the Fund Would be for this benefit? PRESIDING OFFICER; (SENATOR DONAHUE) Senator Madigan.

Well, Senator, we don't have a -- on the Chicago Police Pension, we dan 't have a êenslon impact note over here.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Cullerton. SZNATOR CULLERTONJ 68  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day MaY 1995 Would -- how much would *he contribution be if the service awarded under this proviston required a payïent?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.

I'm sorry, Madam President. If we could have a little -- didn't hear the question. PRESIDING OFFICERI (SENATOR DONAHPE) Can we have some order. Senator Cullerton.

Yes. HoW nuch would the ccntributton be if the servlce awarded under this provision required a payment?

PRESIDING OFFICZR: (SENATOR DONAHUE) Senator Madigan.

Madam President, I -- it Would be the normal contribution rate. think itfs -- think it's nine percentr Senator.

PRESIDING OFFICZR: (SENATOR DONAHUE) Senator Cullerton.

Just to clarify a question I'd asked earlter Is there a contribution required to acquire the credit? - on page 14 of tbe bill, talks about this Section. says, computing service for any of the purposes of this Articler credit shall be given for'' ''for any periods pricr to January 9, 1997, during Which a policeman who is a member of the General Assembly is on leave of absence or is otherwise authorized tc be absent from duty to enable him or her *o perfcrm legislative dutiese notwithstanding any reduction in salary for such periods and notkithstanding that the con*ributions paid by the policeman Were based on a reduced salary rather than the full amount of salary attaehed to his or her career service rank.'' So he's paying ik on the reduced 69  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislakive Day 8aY 1995 salary, is what the question is. Is that -- is that t:e Way you understand it?

PRESIDING OPPICER: (SENATOR DONAHUE) Senator Madigan.

Yeah, the contributions would be paid based upon the redueed salary; the pensian benefits would be basgd upon the reduaed service.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton. SENATOR CULLERTON) more question then; Will a person Who is eligible for this em . provision alse be receiving General Assembly credlt at the same time credit is bein: establlshed in the Poltce Pension Fund, under this provlsion?

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Madtgan.

Yes, Senator. He's paying the -- he's making the contributions there, as he's making heree Eo, yes, he Would be entitled to Ehe service credit for the contributions paid into EH9 system.

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

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

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

Senator Madigan: would you please tell me Why -- what is the purpose of havinq an additional nonvotin: elected annuitant on the 70  : STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 IMRF Board? And...

PRZSIDING OFFICER: (SENATOR DONAHUE) Senator...

And would that person be compensaked?

PRESIDING QFFICER: (SENATOR DONAHUE) Senator Madigan.

Well, therg is -- eurrently there is no member -- there's no annuitant member on that Board that's compensated , and this would be a nonvoting member to sit on the -- to sik on the Board.

PRZSIDING OFFICER: (SENATOR DONAHUE) Senator Bowles.

For what purpose? For -- for What purpose would this -- what purpose Would this person be -- be serving as a nonvoting member of the Board?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator... SENATOR BOWLES) I -- I fail to understand.

PRESIDING OPFICER: (SENATOR DONAHUE) Senatcr Madigan.

Thank youy Madam President. Well, Senator Bowles, I guess, for want of a better descriptionr that person could be a -- a WaEchdcg and a voice for the annuitants on ehl -- on ehe Board . They would be entitled to their expenses, but, you know, theydre more or less a Watehdog for the annuitants.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Bovles.

71  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23: 1995 Thank you. Senator Madigan, you possibly might have ansWered ' ! this before, but would there be a pension impact concerned with ' I this bill? l I PRESIDING OFFICER: (SENATOR DONAHUE) I I senator Madlsan. I I SENATOR MADIGAN: I Yeah, I did answer that.

PRESIDINGOFFICER: (SENATORDONAHUE) Further discussion? Senator Geo-Karis. 1 I I SENATOR GEo-KARIs: I Briefly, Madam President and Ladles and Gentlemen of the Senate, I think the faet that we will have an annuitant, even though it's not a -- a nonvoting member, at least that annuitant can give some input lnta what may happen, and I think ik's a wise thing to have an annuitant on there, even if he or she is a nonvoting member. And I speak for the bill.

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

Thank you' Madam President. Sponsor yield for a question?

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

Senator, are the provisicns of Senate Bill 230, the five-plus-five provisions, in this bill? PRESIDING OFFICER; (SENATOR DONAHUE) i Senator Madigan I . 1 SENATOR MADIGAN: I I ves. 1 PRESIDINGOFFICER: (SENATORDONAHUE) 1 Furtherdiscussion? SenatorFawell. 1 SENATOR FAWELLZ I 72  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SEESION SENATE TRANSCRIPT 56th Legislative Day May 1995 Thank you very muchr Madam Presldene. Can -- will the speaker -- Wil1 the spcnsor yield for a question?

PRESIDING OFFICER: (SENATOR DONASUE) Indicates he'll yield, Senator Fakell.

Thank you very much. Senator Madigan, I have a death duty fireman's widcw, if you know what that means - he died fromr $n other Wordsr fighting a fire - Who has been receiving a pension for the last several years, and she has now reached the age of I believe it's sixty-ftve. There 's thirty-three of them, I understand: who Were not in the original lawsuit because they weren't old enough at the time when that lawsuit went throuqh. Are they covered at all with Lhis bill? Because understand their pensions have been reduced by about fifty percent.

PRESIDING OFFICER: (SENATOR DONAHUE) Senatar Madigan.

Thank you, Madam Presldent. Senator Fawelly the ansWer to that question is yes.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell. Senator Shaw.

Thank you: Madam President. Will the sponsor yield?

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

I just Wanted to ask and find out about this five-plus-five. Who does this affect? Teachers, or -- or Who all does it affect?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.

Thank you, Madam President. The five-plus-five provision 73  STATE OF ILLINOIS 89TH GENERAL AEEEMBLY REGULA; SESSION SENATE TRANSCRIPT 56th Leglslative Day May 23, 1995 this Article -- in this bill is the Chicago Park District that we passed previouslyout,thakSenatorDeLeo sponsored. 1

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Further dlscussion? Seeing none, Senator Madigan, to close.

I'd just ask for concurrence on Senate Bill 114, as amended.

PRESIDING OFFICER: (SENATOR DONAHUE) Again, I would mention to the Members, this is final action. The question is, shall the Senate concur in House Amendment l to Senate Bill 114. Thcse in favor Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who Wish? Have all voted who wish? Have al1 voked Who wish? Take the record. On that questicn, there are 54 Ayes, 3 Nays; 2 voting Present. The Senate does concur in House Amendment No. l to Senate Bill 114, and having recelved the required canstitutional majorityr is declared passed. Senator Geo-Karisy on Senate Bill 158. Mr. Secretary .

I would move to concur with the House in the adoption of kheir Amendment No. l to Senate Bill 158. Piled by Senator Geo-Karis.

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

Madam -- Madam President and Ladies and Gentlemen of the Senater this is a bill that amends *he Ccnveyance Act, and I ask for favorable Jonsideration.

PRESIDING OFFICER: (SENATOR DONAMUE) Is Ehere any discussion? Any discusston? Asainr I would suggest this is final action . And the questlon is, shall the Senate concur in House Amendment No. 1 to Senate Bill 158. Those in favor Nill vote Aye. Opposede Nay. The voting is open. Have 74  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 al1 voted who wish? Have all voted who wish? Have all voted Who wish? Take the reaord. On that question, there are 59 Ayes, no Nays, none voting Present. Senate Bill -- the Senate does concur in House Amendment No. l to Senate Bill 158: and having recelved the required cons*ikutional najority, is declared passed. Senator DeAngelis: on Senate Bill 164. Senator DeAngelis. SENATOR DeANGELIS: Thank your Madan President. I move We non-concur with House Amendment No. 3 on Senate Bill 164.

PRESIDING OFEICER: (SENATOR DONARUE) Senator DeAngelis moves to non-concur in House Amendment No . 3 to Senate Bill 164. A1l those in favor? say Aye. Opposedr Nay. The Ayes have it, and the motion carries, and the Secretary uill so inform the House. Senator Watsonr on Senate Bill 165. Mr. Secretary .

I move to concur with the House in the adoption of Amendmenk No. 4 to Senate Bill 165. Filed by Senator Watson.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Yes. Thank you, Madan President. Senate Bill 165, the original language of the leglslation is now stripped, and the House Amendment No. 4 becomes the bill and it contains seven provisions. It provides that only those persons employed by school dtstricts whose positions require admlnistratlve certificaEes shall be required to file an economic interest statement. It allows that regional boards of school erustees can cancel thelr regular scheduled quarterly meetings if they have no business to - - to conduct. lt allows school districts to abolish their funds for leasing educational facilities and transfer any balance of 75 I ! I i  STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 such fund to other sehool district funds. It transfer the Christa MeAuliffe Fellowship Program from the Illinois Student Assistance Commission back to the State Board of Educakion. And it ereatgs an Darly Interventlon Service Revolving Fund to allow for some flexibility or greater flexibilityy in the distribution of Etake funds. And it amends Ehe Donestlc Yiolence Aet of 1986 to provlde that after receiving a certified copy of an order of protection that prohibits a respondent's access to records, no schoolr whether it's public or prlvater shall allow such person to access to a protected child's record or release information in those records to such person. And the final provision adds a July lst, 1995 effective date. would ask for the consideration of the -- of the Senate.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, this is final action. And the queskion shall the Senate concur in House Amendment No. 4 to Senate Bill 165. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a1l voted kho wish? Have all voted Who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. The Senate does concur in House Amendment No. 4 to Senate Bill 165, and having received the required constitutional majorityy is declared passed. Senator Syverson and Senate Bill 169? Sorry, Senatcr Syverson, there's no motion. Senator Burzynski, on Senate Bill 210, Mr. Secretary.

I move to concur Kieh the House in the adoption of their Amendments 1 and 2 to Senate Bill 210. Filed by Senator Burzynski.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Burzynski.

76  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Thank you, Madam Presidene, Ladies and Gentlemen of the Senate. Senate Bill 2l0 now contains three provisions. One deals with the first issue of Senate Bill 2l0 as originally passed without any opposition. The second deals with the State Community College and the ability of a new board to levyr and I think there's no opposition to that. The third item deals With the Telecommunications Act, and certainly this is an area that's important for our universities and our community colleges and elementary and secondary education. I'd be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discusston? Senator Clayborne.

Thank you, Madam President. And I Would just like to reiterate the fact that this is a -- an excellent bill. This bill will reduce costs of education. will allow students in the inner-city, as well as the rural communitiesy to have an opportunity to take classes from some of the experts acrcss the State, as far as eourses are concerned. And it also provides some stabllity and dollars for SCC for the tax levy, and I would urge a - - a affirmative vote cn this bill.

PRESIDING OFFICER: (SENATOR DONAHDE) Is there furkher discussion? Further discussion? Ladies and Gentlemen, thts is final action, and the question isr shall the Senate concur House Amendments No. and 2 to Senate Bill 210. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have a11 voted who wish? Have al1 voEed who wish? Take the record. On that question, there are 58 Ayes, no Nays' l voting Present. The Senate does concur in House Amendments No. l and 2 to senate Bill 210. Having received the required cons*ituElonal majority, is declared passed. Senator DeAngelis, Senate 3il1 388? Senator DeAngelis.  STATE OP ILLINOIS B9TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislaeive Day Ma# 1995 SZNATOR DeANGELIS: Thank you r Madam Presldent. I move that the Senate non-concur in House Amendments No. l and 2 on Senate B1l1 388.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis -- any diseussion? Senator DeAngelis moves to non-concur in House Anendnents Nc. l and 2 to Senate Blll 38:. A11 those in favor, say Aye. Opposed, Nay. The Ayes have itp and the motion carries, and the SecreEary shall so inform the House. Senator DeLeo, on Senate Bill 509. 509. Senator DeLeo. SENATOR DeLEO: Thank you, Madam President. I'd like to move to non-concur in House AmendmenE No. l and No. please.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeLeo moves to non-concur in House Amendments Nov and 2 to Senate Bill 509. A11 those in favor: say Aye. Opposeds Nay. The Ayes have and the -- motion carriesg and the Secretary shall so inform the House. Senator DeAngelis, cn Senate Btll 587. Senator DeAngells. You're -- you're on, Senator DeAngelis. SENATOR DeANGELIS: Thank your Madam President. Continuing my feisty mode: I move that the Senate non-concur in House Amendmenb No. on Senate Bill 587.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Seeing none, Senator DeAngelis moves to non-concur in House Amendment No. l to Senate Bill 587. A11 those in favor: say Aye. Opposed, Nay. The Ayes have ity and the motion carriesy and the Secretary shall so inform the House. Senator Butler, on Senate Bill 623. Mr. Secretary. SECRETARX HARRX) I move to coneur with the House in th9 adoption of their Amendment No. to Senate Bill 623. 78  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAN SESSTON SENATE TRANSCRIPT 56th Leglslative Day May 23y 1995 Piled by Senator Butler.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler.

Thank you, Madam President. Ladies and Gentlemen, House Amendment No. l to Senate Bill 623 is the result of an agreement between the various Humane Societies and cur Department of Agriculture Which moves the responsibility to the Department of Agrkculturer who will develop rules by Which the guard doq services will be regulated. I know of no opposition to this bill, and I would urge your approval.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing noney this is flnal action, and the question isr shall the Senate concur... The question is: shall the Senate concur in Hcuse Amendment No. l to Senate Bill 623. Thcse in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted whc wish? Have a1l voted kho Wish? Have al1 votêd Who wish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. Qhe Senate does concur in House Amendment No. 1 to Senate Bill 623: and havin: received the required constitutional majority, is declared passed. Senator Maharr on Senat@ Bill 629. Senator Dunn. Senator Ralph Dunn, on Senate Bill 717. Mr. Secretary.

I move to eoncur with the House in the adoption of Amendment Na. l to Senate Bill 717. Filed by Senator Dunn.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator -- Senator Dunn.

Thank youy Madam presidenE, Members of the Senate. House Amendmenk l amends the School Code to expand the prohibition on 79 ( I , ) '  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 smoking to include a11 schcol personnel in any evenks on school property . authorlzes *he school board to grant exceptions or exemptions on the prohibition. understand this brings Illinois in eompliance with federal regulations. It also amends the Sale of Tobacco to Mlnors Act to limlt tobacco products vending machlnes to factories, businesses, offices, private clubs and other places where -- thaE are not open to the public. It also places -- to -- in which plages to Which minors under eighEeen are not permitted, places where the vending machtne is under the direct supervision of an employee or where the vending machine is only can be operated by a remote control. appreciate an Aye vote on concurrence.

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

Thank you, Madam President, Ladies and Gentlemen of *he Senate. Would the sponsor yield?

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

Senator, look at khe analysis correctly, what we are doing is saying no smoking anywhere anywhere on school groundsr whether it's outside or inside. Is that correct?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn.

That's -- that's correctp Senator Jacobs.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs. SENATOR JACOBSZ Wellr being a nonsmoker, or in spite, guess, of the fact that I'm a nonsnokerp think this is a tremendous infringement on 80  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23, 1995 individual rights, and I think we oughE to takg a look at this and perhaps vote No.

PRESTDING OFFTCER: (SENATOR DONAHUE) Purther discussion? Further discussion? Senatpr Collins.

quesEion of the sponsor.

PRESIDING OFFICER: (SENAQOR DONAHUE) Indicates hedll yieldy Senator Collins.

I may not have quite understood your -- your last response to the question. Are you saying Ehat teachers Or school personnel cannot smoke at all on -- they go outside the building to smoke, as long as they're on the grounds of the school?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dunn.

That's -- that's -- that is correcty Senator Collins. also authorizes, I should say, the school board to grant exeeptions or exempticns to this prohlbition. So thls is a statement by the Cancer Society and people that are interested in good health. And I misht mention thaE this -- someone asked me the other day whether this was -- why we were fooling with educatian. This really is a health matter, not an educational matter. PRESIDING OFFICZR) (SENATOR MAITLAND) Senator Collins.

Senator, but -- but We have to be real. You cannoE -- while don't smoke, and you probably don't smoke, and I don't think that you should smoke, not even here around other people, do believe that there is some validity to the research that that second-hand smcke does have impact. But you cannot say that a good teacher or a good principal, simply because they smoke, 81  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 should not be allowed to teaeh, because in essence, this is what you're doing. People who smoke, some of your betker eeachers and principals and school persannel, would not go to a school that they are not allowed to go outside and smoke. NoW We have that privilege with State employees, and other people have the privilege to go outside of the building and smoke. And what you're doing in this bill is not even allowing them to do that. And I think it's-- you're taking this too far. Yes, you should not allow them to smoke inside of the school, but you shouldn't deny them that right to smoke outside.

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

Thank you, Mr. President. A couple questions of the sponsor, if he would yleld.

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

Regarding the vending machines, is it my understanding that this bill says bhat anywhere where there are ycuth under the age of eighteen, that there can be no cigarette vending machines?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dunn.

Yesr that's correct.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.

So welre saying that hotels and restaurants that have -- that have vending machinesr even -- even bar/restaurants that would have vending machines, those vending machines would be banned?

FRESIDING OFFICER: (SENATOR MAITLAND) 82  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE QRANSCRIPT 56th Legislative Day May 1995 Senator Dunn. SENATOR R. DUNN; Senatorr you look at the analysis avain, it says places to which minors under eighteens years are not permitted. This it means for clubs: like factories, businesses, offices, private clubs and other places where minors under eighteen years of age are nok permltted . But places -- the next line is places where the vending machine is under the direck supervision of an employee; that's for restaurants and stores and other places Where the llne of slght ls sc that an employee -- an employee can see a vending machine. So this is not intended to bar vendinq machines, and incldentally this -- the industry is neutral cn this. They - - the Illinois Retail Merchants support and -- and they Would not do it had we not Worked it out to their sattsfaction.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.

And also just -- I just Want to follou up with the question that the other side have. So if a -- so teacher is -- takes a break and goes into her own ear out in the parking lot, she's not allowed to -- she's not allowed to smoke?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dunn.

There is no smoking allowed on school grounds unless the school board grants exceptlons. If Ehe schacl board -- and this is compliance With the federal 1aW now. Actually they're prohtbited from smoking unless the school boards authorize it and make exemptions or exceptions. PRESIDING OFFICER) (SENATOR MAITLAND) Further discussion? Senator Berman.

83  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Thank you. Lek me make some commentsz and I kould appreciate the sponsor's response to this. As I read the bill, the schocl board I guess this is a question of the sponsor. I donft see where the school board can make an exception. Where -- where do you see that in this bill? PRESIDING OFFICER) (SENATOR MAITLAND) Senator Dunn.

Just a minute just a minute while my expert looks OV2r . ... tmicrophone cutoffl...lr line 17 thraugh l9, I'm told. PRESTDJNG OFFJCER; (SENATOR MAITLAND) Senator Berman.

Well: 1et me just read this to you, and as T read it' it says the school board may nat authorize or permit any exeeption *o or exemption from the prohibition at any place or at any time, including without limitation outside of school buildings, or before or after *he regular school day or on days when sehool is not in session. Now that says that the sehool board may not make exceptions. Would you comment on that: please?

PRESIDING OFFICER: (SCNATOR MAITLAND) Senator Dunn. SENATOR R . DUNNI As understand it# that means withcut authorization, they can 't do thaE, and the school boards can do as we read -- authorizes the school board. It's not -- it's not something a principal can do: bu* it has do by exemption and this eomplies with federal regulations: Senator Berman.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Berman.

Wellr here's -- here's what I am told and -- and think -- 84  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 raised this question with -- with the teachers ' unions, and the answer that the teachers' unions gave me - and I thlnk this is very interesting, regarding micromanaging by legislative bodies the federal government presently pçohibitsy under its legislation; teachers smoking on school grounds. So as I read this bill, whether we pass this bill or not, teaehers cannot teach Ksic> at any time on sehool grounds, by federal law. That's number one -- I'm sorry. They cannot smoke. Did I say ''cannot teachf'? Welly that that may be under the new -- new Congress, but the old Congress said. I'm kldding. LeE me restake that for the record.

FRESIDING OFFICER: (SENATOR MAITLAND) Please do.

Federal 1aW prohibits teachers from smoking, at any time, anywhere, on school grounds. So regardless of what Ne do kith this bill, the feds have already made that rule. But just for the record further, as read this bill, the school board has no power, if we pass ehis bill, to make exceptions. Nowr whether I agree kith this bill or not: the fact that the feds already have passed laws that prohibit teachers or other staff - adult staff from smoklng on school qrounds, 1et my congressman answer to that one. But it -- I just want you to -- to know that as read this bill, if tt weren't for federal law , I'd vote No on this bill because there's no permission for a school board to make exceptions. Now, you can decide uhat you want to do, whether you want to approve federal law by gtate law or uheEher you Want to voice your objectlon to federal lawy but that's Where the federal law is. And my reading ot this bill does noE allow any exceptions. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further diseussion? Is there further discussion? Tf not, Senator Dunn, to close. 85  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

Thank you very muchr Mr. President and Members of the Senate. I'd urge adoption of the amendment to Senate Bill and that We concur with 1t. It does bring Illinois inko compliance with federal regulations for teaching and smoking both, think, and it also does something about adolescents being able to geE inko cisarette machines. urge an Aye vote.

PRESIDING OFFICER: (SENATOR MAITLAND) A11 right. Ladies and CenElemen, this is final action. The queseion isr shall the Senate concur in House Amendment No. l to Senate Bill 717. Those in favor Will vote Aye. Opposed: Nay. The voting is open. Have al1 voted Who Wish? Have al1 voted who wish? Have al1 voted whc kish? Take the record, Mr. Secrebary. On that question, there are 36 Ayesy 17 Nays, no Members voting Present. The Senate does concur in House Amendment No. to Senate Bill and the bill, having received the required constitutional majorityr is declared passed. WICS-TV requests permisslon to videotape the Senate. Is leave granted? Leave is granted. Senate B11l 721. Senator -- Senate Bill 831. Senator FiEzqerald. Read the billy Mr. Secretary.

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 831. Piled by Senator Fitzgerald.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fitzgerald .

Thank you, Mr. President. Ladies and Genklemen of the Senate, am moving to coneur in House Amendment No. to Senate Bill 831. Senate Bill -- the amendment places the stimulant drug ephedrine on the schedule for controlled substances 1lsE. It amends the Controlled Gubstances Act to better clarlfy Who can prescribe 86  STATE OF ILLINOIS 89TH GENERAL ASEEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23r 1995 controlled substances. It resehedules several drugs under khe Act to comply with federal guidelines' repeals the Controlled Substances Monitory Program, and amends the Pharmacy Practice Act to permit the use of fax machines for prescriptions. appreciate a favorable vote on the amenj' ment.

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

Yes, Ehank you . Just to declare a possible conflict, but vote my conscience. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further dkscussioq? Further discussion? Al1 right. Ladtes and Gentlenen, thls is flnal actlon. The question is, shall the Senate concur in House Amendment No. l to Senate Bill 831. Those in favor will vote Aye. Opposed, Nay. The voEing is open. Have al1 voted who Wish? Have al1 voted who wish? Have a1l voted Nho wish? Take the record, Mr. Secretary. On that quesKion, there are 58 Ayesr no Nays: no Members voting Present. The Senate does coneur in House Amendment No. 1 to Senate Bill 831, and the billy havin: received the required constitutional majority, declared passed. Senate Bill 948. Senator Klemm. Senator Klemm, on 9487 Read the billy Mr. Secretary.

I move to concur with the House in the adoption their Amendment No. 1 to Eenaee Bill 948. Filed by Senator Klemm.

PNESIDING OFPICER: (SENATOR MAITLAND) Senator Klemm.

Thank yous Mr. Prestdent and Members of the Senate . Thank you, Mr. President and Members of the Senate. House Amendment to Senate Bill 948 takes care of the provisions that we had in 87  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 Senate Bill 586, which was Tort Immuniky Act. Some time ago, we had provisions that would account for and have the safeguards of the use of the Tort Imnunity Acty and this provislon is whaE we described to you wh:n we passed out of the Senate. This has met all the requlrementsr and T do think there are some comments for some legislative intent that may be needed for the record.

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

Thank you, Mr. President. Will the Senator yield for some conments regarding legislaeive lntent?

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

Senator Klemm, the proponents of this bill have indieated that it will have prospective appltcation. Given thaty how will this legislation affect two current lease-purchase arrangements undertaken by Carl Sandburg Community College? PRESIDING OFFICER) (SENATOR MAITLAND) Senator Klemm.

Thank you, Senator Hawklnson. The intenb of this legislation is that will have -- Will not have an impaet on those ongoinq obligatlons for a number of reasons. Eirst of all, the obligation was entered lnto prior to the effective date of this legislation, assuming that the funding source of Ehe lease is included in the terms of the lease. Secondlyr the arrangements of the lease Were approved at the time by khe local board of trustees, the State CommuniEy College Board, and the Illinois Board Higher Education. Finally: it is not the intent of this legislation to impair an ongoing conEractual obligation between a taxin: district and another party. 88  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23, 1995 END OF TAPE TAPE 3

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Purther discussion? Lf not: the - - this is final action, Ladies and Gentlemen. The question shall the Senate concur in House Anendment No . 1 to Senate Bill 948. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have all voted Who Wish? Take the record, Mr. Secretary. On that questionr there are 58 Ayear no Nays, no Members voting Present. The Senate does eoncur in House Amendnent No . 1 to Senate Bill 948, and the bill: having received the required constitutional majority, is declared passed. Senate Bill 978. Senator Madigan, are you on the Floor? Senator Madigan. I'm sorry . 978. Senator Madigan. A1l right. Senator Madigan, cn 978. Read the b1l1, Mr. Secretary.

move to coneur With the House in the adoption of Eheir Amendment No. 1 to Senate Bill 978. Filed by Senator Madigan.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Madigan.

Thank you, Mr. President, Members of the Senake. Senate Bill 978 -- or, House Amendment to Senate Bill 978 adds the mine subsldence legislation that we passpd over to the House previously under Senate Bill 1191, uhich passed this Chamber 58 to nothing. It adds lanquage prohlbiting an insured from making elaims on two separate auto insurance policies for the same language, and it 89  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 renoves the imnunity language for employees of the office special deputy. I'd be glad Eo answer any questions on House Amendment No. 1 to Senate Bill 978.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there dlscussion? Is there discussion? This is final action. The question is, shall the Senate concur House Amendment No. l to Senate Bill 978. Those in favor Nill vote Aye. Opposed: Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Rave a11 voted who wish? Take the record, Mr. Secretary. On that question, there are 59 Ayes, no Nays, no Members voting Present. The Senate does eoncur in House Amendment No. l to Senate Bill 978, and the bill: having received the required constitutional majority: is declared passed. Senate B1ll 1005. Senator O 'Malley. Senator O'Malley, 1005. Read the bill, Mr. Secretary.

Rove ko concur with the House in the adopticn of their Amendment No. 1 to Senate Bill 1005. Filed by Senator O'Malley.

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

Thank you, Mr. Preskdent and Members of the Senate. House Amendment to Senate Bill 1005 provides thaty in addition to teachers and other certified employees, any other person who provides a related service for, or with respect to, a student shall assist in maintainin: discipline in schocls; shall stand Cn the relatlon of paren*s and guardlans in al1 matters relating to discipline; and may use reasonable force needed to maintain safety for the other students or school perscnnel, or for th8 purpose of self defense or defense of property. The purpose of this language was to clarify the role of noncertifted staff in disciplinary 90  STATE 0F ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 matters in schools. PRESIDING OFFICER) (SENATOR MAITLAND) Is khere discussion? Senator de1 Valle. SZNATOR dEL VALLE: Thank you, Mr. President. A question for the sponsor.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator de1 Valle. SENATOR dEL VALLE: Senator O 'Malley, in committee we asked for some clarification on -- on the definition of any personnel. Were yau able to look at that? And are ee only alloNing school employees here <ho are not certëfied personnel to also administer disclpline or are We opening it up for volunteers at the school, on the sehool grounds, to also be a part of this?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator OdMalley.

Agalnr thank you, Mr. President. Senator de1 Valler you are absolutely right. We discussed that in committee, and we have looked into that. is not the intent of anybody to extend lt to volunteers. So What I intend to do *o make sure it's clear in the record as a matter of legislative intent: we will so state that in the record. When we do debate the bill I would hope that -- that you assisk me and make sure that we put that in the record .

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

I believe Senator del Valle has another quesEion. think he Wants to clarify something .

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Senator del Valle. SENATOR dEL VALLE: 91  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Isn't thls final action?

PRESIDING OFEICER: (SENATOR MAITLAND) That was the reason I -- do you have a statement you Want to make? Senator O 'Ma11ey.

Senator Maitland and Senator de1 Valle, yes, this is final action. So I think that we have clarified for the record.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Is there further discussion? 1: not, agatn this is final action, the question is, shall the Senate concur in AmendmenE No. to Senate Bill 1005. Those in favor will vote Aye. Opposedr Nay. The votin: is open. Have a1l voted who wish? Have a1l voted who Wish? Have all voted who wish? Take *he record, Mr. Becreeary. On that questionz there are 59 Ayesr no Nays, no Members voting Present. The Senate does concur in -- Amendment No . to Senate Bill 1005, and the bill, having reeeived the required ccnstitutional majority, declared passed. Senate Bill 1066. Senator Klemm , do you wish tc nonconcur? A11 right. Senate Bill 1111. Senator Rea. Senate Bill 1140. Senator Geo-Karis. Read the bill, Madam -- Mr. Secretary.

I move to concur with the House in the adoptlon of thetr amendments l and 2 tc Senate B1ll 1140. Filed by Senator Geo-Raris.

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

Mr. 'President and Ladies and Gentlemen of the Senate, do exactly that. move to concur with Amendmenbs l and 2 to ienate Bill 1140, and I ask for a favorable vote.

PRESIDING OPFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Tf noe, the 92  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day Ma# 1995 questlon ks. shall -- shall the Senate concur in Amendments and 2 to Sgnate Bill 1140. Those in favor will voee Ayg. Opposede Nay. The voting is open. Have a11 voted Who Wish? Have all vpted who wish? Have a1l vo*ed Who wish? Take the recordy Mr. Secretary. On that question, there are 59 Ayes, no Nays, no Members voking Present. The Senate does concur in Amendnents No. and 2 to Senate 3il1 1140: and the bill, having received the required -- a11 right. Senator Geo-Karks now moves to non-concur in House Amendments to Senate Bill 1140. Those favor, say Aye. Opposedg Nay' and the motion to concur -- non-concur is approved, and the Secretary shall so inform the House. Al1 rig/t. Senate Bill 1142. Senator Ralph Dunn. Read the bill, Mr. Secretary.

move Eo concur with the House in the adoption af their Amendment No. 1 to Senate Hill 1142. Flled by Senator Ralph Dunn.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dunn.

Thank you, Mr. President and Members of the Senate. Senate Bl11 1142, as left the Senate, amended the Barber and Cosmetology and Nail Technology Act to extend the grandfather clause for one year until December the 31st, 1995. The House added an amendment saying that the -- khe grandfathering part was all right, but the nail technictan should have received their educatlon or been eliqible for grandfathering-in beforê the effeckive date of *he bill, which is January 1st, 1994. J vould urge concurrence wlth Amendment No. to genate Bil1 1142. Be glad to answer any questions.

PRESIDING OFFICER: (SENATOR MAITLAND) righk. Is fhere discussion? fs *here dlscussion? If  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day 8aY 1995 noty the question isy shall the Senate concur in House Amendment No . 1 to Senate Bill 1142. Those in favcr will vote Aye. Opposedr Nay, and the votinq is open. Have al1 voted who wish? Have all voted who wish? Have all voted who wish? Take the recordr Mr. Secretary. On that question, there are 59 Ayes, no Nays, no Members voting Present. The Senate does concur in -- in Amendment No. 1 to Senate Btll 1142, and the bill, having received the required constitutional majority, is declared passed. Senator Raica, for uhat purpose do rise, sir?

Point of personal privilege.

PRESIDING OPFICER: (SENATOR MAITLAND) State your pointr

Thank you for your courtesy, Mr. President. In the gallery to the Republican side we have the graduating class the eighth grade class of St. Jude of New Lenox who are visiting Springfield today to spend the day with us, and I would just ask that Menbership WelcoRe them to Springfield.

PRESIDING OPFICER: (SENATOR MAITLAND) Will our guests in the gallery please rise and be recognized. Welcome to Springfield. right. Ladies and Gentlemen, on your desks is a Supplemental Calendar. think everyone has it -- give you a chance to look for it and find it. First bill will be Senate 9ill 169. Senator Syverson. Al1 right. Supplemental Calendar. Senate Bill 169. Senator Syverson. Read the bill, Mr. Secretary.

I move to concur with House the adopticn of their Amendment No. 1 Eo ienate Bi11 169. Filed by Senator Syverson.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson. 94  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

Tbank ycu, Mr. President. Senate Bill -- we just clarified some of the techniaal ehanges that We had talked about in the Senate when it Went over to the House. This is the front docr referendum for a quarter cent sales tax to help publlc safety, and agaln, know of no opposition for this and ask for a favorable roll call.

PRCSIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is thgre discussion? This is final action. The question is, shall the Senate concur in Rouse Amendment No. 1 to Senate Bill 169. Those in favor wilî vote Aye. Opposed, Nay. The voting is open. Have all votêd Who kish? Have a11 voted who wlsh? Have a11 voted who wish? Take the record, Mr. Secretary. On that questionr there are 51 Ayesy 7 Naysr and l Member voting Present. The Senate does concur in House Amendment No . l to Senate Bill 169, and the bill, having received the required constitutional majority, ls declared passed. Senate Bill 231. Senator Mahar. Read the bill: Mr. Secretary.

I move to concur with the Hause in the adoption of thelr Amendments l and 2 Eo Senate Bill Filed by Senator Mahar.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mahar.

Thank youy Mr. President, Members of Nenate. HouGe Amendments No. -- Ko. 1 and 2 contain the followinq: Creates the Commercial and Publlc Asbestos Abatement Act; provides fcr the Department of public Health to license persons Who contain or renove asbestos material for commercial -- from commercial and public buildtngs. The Deparkment shall annually prepare a list of asbestos abatement contractors familiar with, and capable of 95  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 complying with. a11 applicable federal and State standards for asbestos contalnment and removal. Contractors who uish to be placed on the Departmentfs approved list of contractors shall provide a certificate docunenttng that the contractor liability insurance of at least one million dollars for work performed pursuant to the Act. This is requested by the Illincis Association of Environmental Service Companies. Secondly, lt -- it amends *he Geographic Information Council Act and recanstitutes that councll. And this is suggested by the Department of Enerqy and Natural Resources. It amends the North Shore Sanitary District Act and Sanitary District Act of 1917. Prohibits the employment an individual With a suspended cr revoked certification of technical competency as a sewage works operator. This is requested by the North Short Sanitary District and the Associatlon of Waste Water Agencles. Pourth, it amends the EPA Act. Exempts any facillty which was in existence on January lst of .88, as expanded on January lst of to included processing and transferring of municipal waste for recycling and dispcsal purposes from setback requirements. This is for a facllity in Senator Shaw 's district. And finallyr amends the Radiation Act of 1990. Authorizes the Department of Nuclear Safety in response Eo an lmmedlate threat to health to take possession of radiation sources, enter abatement orders directing certain responses; direct the Attorney General to enjoin immediate threats to health; requests the assistance of State and federal units of government and assume reasonable agreed-to assistance costs of other units of government, and this is -- this comes to us at the request of the Department of Nuclear Safety. Know of no opposition. And f...

PRESIDING OFFICER: (SENATOR MAITLAND) A11 right. Is there discussicn? Is there discussion? Ladies and Gentlenen, 1et me ask you if -- Senator Ehaw, I1m going to recognize you in just a momenE. know there are a of 96  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 important conversations going on. It's necessary this time of the yeary and understand that: but please let's don't talk across the Chamber. Let's keep the conversations down to a 1ow tone . I Was very difficult to hear Senator Mahar, and -- and this is extremely important. So lf you wauld, keep the conversakions down, lf you would please. Senator Shak.

Thank your Mr. President. I rise in support af Senate Bill 231. It does affect my district in terms of the -- the Creskwood out there, and I thlnk it's a good bill and I urge the Aye votes.

PRESIDJNG OFFICER: (SENATOR MAITLAND) Is there discussion? Further discussion? This is final actione Ladies and Gentlemen. The question is, shall the Senate concur in Rouse Amendment No. and 2 to Senate Bill 231. Those in favor will vote Aye. Opposed : Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have a11 voted who Wish? Take the recordz Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Menbers voting Present. The Senate does concur in House Amendments No . and 2 to Senate Bill 231, and the bill, having received the required constitutional majority, is declared passed. Commiktee Reports, Mr. Secretary. SECRETARY HARRYJ Senator Weaverz Chair of the Committee on Rulesy reports the following Legislative Measures have been assigned to committees: Referred to the Committee on Education Conference Committee Report l to House Bill 2067 Eo *he Committee on Transportation Motion to Concur with House Amendment l to Senate Bill 1026, and Be Approved for Consideration genate Amendment 2 to House Bill 1465, the Motion to Coneur With House Amendment l to senate Bkll 934, and Senate Amendment 2 to House Bill 1470.

PREEIDING OFFICER: (SEHATOR MAITLAND) A11 rlght. Ladtes and Gentlemen, back on th9 Supplemental 97  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Calendar. Senate Bill 443. Senator Fawell. Read the bill, Mr. Secretary .

I move to concur with the House in the adoption of their Amendments l and 2 to Senate Bill 443. Filed by Senator Pawell.

PRESIDING OFFTCER: (SENATOR MAITLAND) Senatcr Fawell.

Thank you very much. Thls has tWo amendments. House Amendment No. l recreates a pravision in House Bill 1277: which uas Senator Dillard's, which was held in *he Senate Rules. It extends, for *wo years, the pilot project to contrast the Joint Commission on the Accreditation of Health Care Organization With the current regulations and licensing survey process. Amendment 2 is agreed language With the Department of Public Health and contalns similar provisions in Senate Bill 6l6 -- Maitland -- Senator Maitland had, Which passed the SenaEe 58 to nothing, but vas held ln ehe House. This amendmene is designed to address the problem experienced by downstate hospitals kho have merged into one health care network. suggest We concur with Amendments No. and

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

Thank you, Mr. President, Ladles and Gentlemen of the Senate. I stronçly support this piece of legislation. did no* -- We did not hear thgse two amendnents in committee, but We are familiar with them: and we know Lha: Khey are good and I ask that we support this by voting for it. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the 98  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 question isr shall the Senate concur in House Amendments Nc . 1 and to Senate Bill Those in favor will vote Aye. Opposedw Nay. The voting ës open. Have all voted Who wish? Have all voted who Nish? Have all voted Who wish? Take the record, Mr. Secretary. 0n that question, there are 58 Ayes, no Naysp no Members voting Present. The Senate does concur ln House Amendments No. 1 and 2 ko Senate Bill 443, and the billr having received the required constitutional majority, declared passed. Senate Bill 566. Senator Geo-Karis. Read tbe bill, Mr. Secretary. SECRETARY HARRY; I move to concur With the House in the adoption of their Amendment No. l to Senate Bill 566. Piled by Senator Geo-Karks.

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

Mr. President and Ladies and Gentlemen of the Senate, the House amendment added the provisions of Senate Bill 472 that had passed out of the Senate by a vote of 53 to 0, and it which relates to the -- requiring the local issuer of building and occupancy -- occupancy permits to nokify the chiêf county assessment officer When a full or partial occupancy permit has been issued, and the other the other part of the amendment is -- was Senate Bill 985 that had passed the Senate by 57 to 0, and provides Khat a county may sell a parcel w1th delinquent taxes that it has acquired its role as a trustee for affected taxing districts to any party ineluding a taxing districtr and I ask for favorable eoncurrence on both seetions of this amendment.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusston? Is khere discussion? This is final action. The question isy shall the Senate eoncur in House 99  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Amendment No. to Senate Bill 556. Those in favor Will vote Aye. Opposed: Nay. The voting is open. Have all voted kho Wish? Have a1l voted who wtsh? Have a1l voted who Wish? Take the record, Mr. Secretary. On eha: question, there are 59 Ayes and no Nays, no Members votlng Present. The Senate does concur in House AmendmenE No . 1 to Senate Bill 566, and the bill, having received the required constitutional majoritye is declared passed. Senate Bill 265. Senator Garcia. Senator Garcia.

Thank you, Mr. President. Mr. President, I mcve that the fenate non-concur in House Amendment No . 4 to Senate Bill 265.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcia moves to non-concur in Hcuse Amendment No. 4 to Senate Bill 265. Those in favor, say Aye. Opposed, Nay. The Ayes have and the motion carries. The Secretary shall so inform the House. Senator Cronin, for what purpose do you riser sir? SENATOR CRONIN) Thank you, Mr. President, Ladies and Gentlemen of the Senate. just rise for purposes of an announcement. The Senate Education Commitkee will meet today at four o'clock Ec consider House Bill 206. Four o'clock in A-l. Thank you.

PRESIDING OPFICER: (SENATOR MAITLAND) A11 right. Thank you. Ladies and Gentlemeng on page 8. The middle of page 8. Secretary's Desky Resolution. Senate Resolution Senator Raica. Eenator Raica on the Flcor? Senator Raica. Senate Joint Resolution Senator Palmer. Senate Joint Resolution No. 2l. Senakor Mahar. Read the resolution, Madam Secretary.

Senate Joint ResoluElon 2l. The Committee on Environment and Energy offered Committee l00  STATE OF TLLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Amendment No. 1 -- adopted Committee Amendment No. 1.

PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments approved for consideraEion, Madam Sgcrgtary?

Amendment No. 2, offered by Senator Mahar. PRZSIDING OFFICER) (SENATOR MAITLAND) Senator Mahar.

Thank your Mr. President and Members. Senate Amendment No. 2 becomes the resolueion. zarly in a debate -- when We talked earlier this morning about decreasing the number of members on the Commerce Commission there was some concern as to who was going to handle the -- the rewrite of the Public Utility Act and regulation - - and regulations involving campetition in the electric utility industry, and the answer that is this resolution' and the answer further is we are going to do that as Members of the General Assembly. This creates a Joint Committpe On Eleetric Utility Regulatory Reform . It -- ik conslsts of the members from b0th the majority and minority parties in the House and Senate Who serve on the Senate Environment and Energy Committee, as well as the House Environnent Committee. The co-chatrs will be the chairmen of those tko respective committees. It -- the joint commlttee also will establish a nonvoting technical assistance group from various companies, organizations and associationsy and two representatives from the Illinois Commerce Commission. know of no opposition to thisr and I uould aGk for its adoption.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Mahar moves the adoption of Floor Amendment No . 2 to Senate Joint Resolution -- Senate Joint Resolution 2l. Is there discussion? Genator CullerEon. :ENATOR CZLLERTON:  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislativg Day May 23r 1995 Fes. Vould *he sponsor yield?

PRESTDING OFFICER: (SENATOR MATTLAND) Indtcates he will yield, Senator Cullertcn.

Senator, is there any specific language in *he resolu*ion that asks thls joint committee to study the affect on residential rates?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mahar.

You know, -- don't know that there's any specific languagey but we are certainly -- CUB is lnvited to the table. think that we heard this in committee today, and your analysis on that side of the aisle is incorrect if says that CUB is in opposition to this, 'cause they are not.

PRESIDING OFEICER: (SENATOR MAITLAND) Senator Cullerton.

-- wasn't -- I'm a White Sox fan. The Cubs are in my district, but I Wasn't interested in askinq the question about the CUB. I was just curious to know if the -- the language itself I mean: there's ls this only -- is this joint comnittee only to look at the affect khat all the changes would have on -- on -- on utility rates for corporate clientsr or Would it also cover residential? And think you've said that you think it Will. Right? And how many nore people Will be on this regulatory committee than will be on the new Comnerce Commission?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mahar.

Well, quite a feW more, think.

PRESIDING OFFICER: (SENATOR MAITLAND) l02  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Senator Cullerton.

Further discussion? Senator Shaw .

Thank you, Mr. President. rise in support of Senate Joint Resolution ls was discussed ln committee this morning: and all parties has -- have agreed and -- to sit on -- at the table, and certainly I think it's a good resolution. a good start, and I urge for its adoption.

PRESTDTNG OFFJCER: (SENATOA MAJTLAND) Further discussion? Senator Welch.

had a queskion of the sponsor.

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

Senator Mahar, are you going to consider other sources of electricityr such as hydropower in the State of Illinois and whether that's a feasible source for us to use?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mahar.

No . The intent of this -- this group is to deal with the subject which you have been involved in for so many years, Senator Welchr and that is the -- bringing wheeling or the competition into the invester-owned utllity industry in the State of Illinols. I -- I don't anticipate us gettinç into any other -- this is a big enough this is a bi: enough apple to take a bite of as it If took us about six months just to work ou* the language in this resolution.

PRESIDING OPFICER: (GENATOR MAITLAND) Further discusslon? Further dlscussion? Agaln, Senator Mahar  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56*h Legislativg Day May 23, 1995 has moved the adoption of Floar Amendment No. 2 to Senate Joint Resolution Those favor, say Aye. Opposedr Nay. The amendment is adopted. Any further Floor amendments approved for consideration, Madam Secretary?

No further amendments reported, Mr. PresidenE.

PRESTDING OFFICER: (SENATOR MAITLAND) Okay. Ladies and Gentlemen, on the resolution -- on page -- on page 8 of your Calendar is Senate Joint Resolution 2l. Senator Mahar, you wish to consider this at this point? A11 right. Ts there any discussion on Senate Joint Resolution 21. This is final action. If noty thcse in favor: say Aye. Opposed, -- a rall call has been requested. Those -- those in favor will vote -- those in favor, vote Aye. Opposed, Nay: and the voting is open. Have a1l voted uho wish? Have al1 voted who wish? Have all voted Who Wish? Take the record, Madam Secretary. On that question, Ehere are 58 Ayes, no Nays, no Members voting Present, and the resolution is adopted . Senator Cronin, for What purpose do ycu rlse, sir?

Thank you. For purposes of a revised announcement. The Senate Edueatlon CommiEtee will bg meeting at 4 p.m ., but in deference to certain Members, wefre going to have the meeting take place in Room 400. Room 400 so they don't have to walk way over to A-1. Room 400 at 4 pwm. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Page of the Calendar is Hcuse Bill 385. Senator Maitland. Madam Secretaryr read the bill.

House Bill 385. (Secretary reads title of bill) 3rd Reading of the bill. l04  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 56th Legislative Day May 23r 1995

PRESIDING OFFICER: (SENATOR DONARUE) Senator Maitland.

Thank you very much' Madam Presidgnt, Members of the Senate. House Bill 385 it purports to correet a problem that We have WiEh one community college that was actually mandated to be formed by the State. -- fell after the original Act that -- or, took care of the distribution of the corporate personal property tax replacement money. And what this does is simply allocate a pro rata share to Heartland Community College, which again was created after the Act was passed. I would be happy tc respond to any questions that any Member might have, otherwise would appreciate support of House Bill 385.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 385 pass. Those in favor will vote Aye. Oppcsed, Nay. The veting is open. Have all voted who Nish? Have a11 voted who wish? Have al1 voted Who wish? Eave a11 voted Who Wisb? Take the record. On that question, there are 32 Ayes: 19 Nays, 4 voting Present. House Bill 385: having received the required constitutional majority, is declared passed. On the bottom of page 6 is House Bill 1470. SenaEor Cronin seeks leave of the Body to return House Bill 1470 to the Order of 2nd Reading for the purposes of an amendnent. Hearing no objection, leave is granted. On *he Order of 2nd Reading is House Bill 1470. Madam Secretarys are there any Floor amendmenks approved fOr consideration?

Amendment No. 1, offered by Senator Lauzen.

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

105  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 I move to table Amendment No. 1.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen has moved to table Amendment No. to House Bill 1470. Al1 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is tabled. Any further Floor amendments approved for consideration? ACTING SECRETARY HAWKER; Amendment No. 2, offered by Senator Lauzen.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Lauzen, on Amendment No. 2.

I move to adopt technical Amendment No . which places in an effective date while we continue to discuss among park districts, Department of Labor, Senators Garcia and Dunn -- Will continue that process. We -- we do want our kids safe in the their Work. We do want them in school when they're supposed to be, but we don 't want *he U.S. Department of Labor fining Illinois park districts thirty thousand dollars for enploying kids in recreational activities, and we don't want unnecessary bureaucracy and paperwork so our kids can play and work.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any diseussion? Any discussion? Seeing none, those in favorr say Aye. Opposed, Nay. The Ayes have and Amendment No. 2 is adopted . Are there any other further Floor amendments approved for consideration?

No further amendments reported: Madam Prestdent.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Now, on the Order of 3rd Readin: is House Btll 1470. Senator Cronin. Read the bill, Madam Secretary.

House Bill 1470. l06  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT S6*h Legislative Day May 1995 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Cronin.

Thank your Madam -- Madam President, Ladies and Gentlemen of the Senate. This is technical in nature. We have -- we're asking I'm asking the Body to advance this for issues relating to Senator Lauzen's concerns and sone others. It may be a very good bill. ultimately, in conference committee. ask for your favorable consideration. PRESTDING OFFICER) (SENATOR DONAHUE) Is there a discusslon? Senator Cullerton.

Yes. Would the sponsor yield?

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

Senaeor Cronin, J keep on hearing on the radio, you knok, that there's these negotiations going on over workers' comp and there was a big fight at one pcint in time, and that been resolvedr and you knowr I'm only -- I only get to vote on this. YoL knowr I'n mean, I'm not like a guy that could be invited to those meetinqsz but if -- could you just give us just a hint? Like a sneak prevlew as to, you know, what the -- what the fight's about and how exciting it is and where you 're meeEing and who 's Eh9 room, and you know , Which one of the owners is winning, which one is losing? And also maybe I know we have an hour before we get tor you knowr vote on this. Will that hour be like real late when wefre tired, or will it be kind of like in the morning before we really are awake, or Whatfs the plan?

PRSSJDTNG OFFICER: (SENATOR DONAHUS) l07  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Senator Cronin.

Well. Senator Cullertonr I don'k know whether it's a blessing or a curse to be the one that's involved in these meetings. Suffice is to say we're going to see a bill, or an amendmentr very, very soon. There Will be an opportunity to debate these issues. I don't think the lssues that will ultinately -- will be debated w11l be any surprise to anyone. There 's been a diligent effort for a matter of months to talk to all interested parties to come up kith a fairr evenhanded bill that improves competitive business, competition and job opportunities and -- and so on and so forth . So youdll see something soon and I laok forward to that debate.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Further diseussion? Seeing none, the question isr shall House Bill 1470 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted Who Wish? Have al1 voted who wish? Take the record. On that question, there are 31 Ayes, 10 Nays, 18 voting Present. House Bill 1470, havlnq received the required constleutlonal majority, is declared passed. Senator O'Malleyr House Bill 1465. He seeks leave of the Body to return House Bill 1465 to the Order of Jnd Neading for purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1465. Madam Secretaryw are there any Ploor amendments approved for conslderaeion?

Amendmene No. 2, cffered by Senator O'Ma11ey.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley, on Amendment No . 2.

Thank you, Madam Fresidenty Members of the Senate. Senate 108  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Ploor Amendment 2 to House Btl1 1465 address some technical concerns that were raised concerning Amendment No. 2 <sic>, and would solicit your support for them . It will require: among other things, that available the -- information available in the county assessor's office shall be -- also be made available tc the Board of Reviek. It also clarifies that the board of review nay make changes in the assessmen: books for any change, either taxpayer or board lnitiated , and it adds references to the county assessor to make it clear that the county assessor may also make decisions in subsequent years concerninq assessmentn of ptoperty. I'd be happy to answer any questions there may be.

PRESIDING OPPICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Senator Carroll.

Question maybe to the Chair, or to the sponsor. It sounded like he was explaining an amendment, yet the board says 3rd Reading. Which might it be?

PRESIDING OFPICER: (SENATOR DONAHUE) It's a recall, Senator. And the board is incorrect.

Okay. The board did not show it. Okay.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Further discussion? Senator O'Malley moves the adoption of Senate Flocr Amepdment No. 2 to House Bill 1465. Al1 those in favor, say Aye. Opposed: Nay. The Ayes have ite and the amendment is adopted. Are there any other further Floor amendments?

No further amendments reportedr Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Now, on the Order of 3rd Reading . Exeuse me. Senakor Cullerkon, for what purpose do you seek recognition? l09  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

A point of personal privilege.

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

I'm very happy to introduce the Mt. Carmel Academy class: which on the Republican side of the aisle tn the galleryr and llke to welcome them to Springfield.

PRESIDING OFFICER: (SENATOR DONAHUE) Wtl1 you a1l please rise and be recognized. Welccme to Springfield. Now, on page 6 on the Order of 3rd Reading is House Bill 1465. Madam Secretaryr read the bill.

House Bill 1465. (Secretary reads title of bill) 3rd Readin: of the bill.

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

Again, thank you, Madam President and Members of the Senate. House Bill 1465, as amended, is the Cook County Assessment Reform package that we have been working on. Some of the current -- some of the signiflcant provisions include the following: Abolishing the current Board of Appeals, effective January 19967 directs the Board of Appeals to maintain sufficient records to defend al1 actions and justify al1 decisions made by *he Board of AppealG, and to transfer al1 records to the interln Bcard of Review on January 1, 1996. It also replaces the Bcard of Appeals with an inkerim board of review to be appointed by Members of the General Assembly representing Cook County by weighted vote; establishes a three -- establishes three elecEion districts with boundaries to be draun by *he General Assembly no later ehan June 1: 19962 110  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23y 1995 creates a three-person board of reviee, members are elected in the Novemberr 1998 general election for four-year terms . It also provides for the annual selection of a chairman at the -- in the Board of Review by lotr With no members serving for tWo consecutive years; grants to the Bcard of Review many of the same powers and nandates as all other boards of review, including the authority to tevkew, change any assessment regardless cf any action by any other assessëng authority or in the absence taxpayer complaint; if phases in access also to the Property Tax Appeals Board beginning With residential property six units or less for assessments made in 1996. Thak is the 1996 assessment year, adding a11 other classes of property beginninq with the 1997 assessment year. There are also some statewide initiatives contained in the legislation that I Would like to make sure that everybody appreciates. In particular, there are a number of objection reform initiatives statewide that are the product of the work of the Civic Federation Task Force on reform of the Cook County Property Tax Appeals Process. In facty for purposes of intent, I want to make it clear that the provisions of this amended bill concerning tax objections are based on the legislatlve draft and commentary contained in the report of the Civic Federation Task Force on Reform af the Cook County Property Tax Appeals Process as adopted by the Chicago Bar Association. The report is dated March 2, 1995. The -- the Civic Federation report and commentary is intended to be treated as part of the lesislative history concerninq this -- this bill. Finallyr *he -- the concept, or the doetrine of constructive fraud ls abolished statewide, and clear and convincing, as a level of burden of proof, for circuit circuit courts by all eounties is established. That's a summary cf the bill, and I'd be happy to answer any questions there nay be.

PRESIDING OFFICER: (SENATOR DONAHUE)  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Is there any discussion? Senator Berman.

Thank you, Madam President, Ladies and Gentlemen of the Senate. There are some good points in this billy and there are some points that I think justify a No vote. And let me point out to you that for those of you who are not from Cook County, you are increazing the costs of State government by the provisions of this bill. At the present time, the Prcperty Tax Appeals Board handles only appeals from the hundred and one counties outside of Cook. Cook County has its oWn system of the Assessor and then the Board of Tax Appeals. This ehanges the Board of Tax Appeals and puts the Property Tax Appeals Board as a revieWing board, an appellate court, so to speak, of the decisions of the CooK County Board of Tax Appeals. Let me give you some numbers. The -- the current request for a budget fron the Property Tax Appgals Board is seven hundred and thtrty-eight thousand dollars. That's -- hears and they hear, at the present time, about nine thousand appeals per year. The Cock County Board of Appeals estimates tha: the -- if the Property Tax Appeal Board is put in over them , there will be an increase at least ten thousand eases a year. The Board of Appeals ln Cook CounEy presently hears Over sixty-slx thousand appeals a yearz and a ten-year average of over -- of almost forty thousand. If they Were only fifty percent appeals you're talking about a doubling, tripling, perhaps quadrupling of the work load of the Property Tax Appeals Boardr and that budget is paid for out of State dollars, not by Cook County dollars. So you are, by voting Yes on thisy extending a substantial commitment of State dollars to do something which is presently being done within Cook County at the expense of only Cook CounEy. would also point out that you are substantially increasing the bureaucracy that 's involved by increasing the number of members of the Board of Appeals and this process of appeals from the Cook  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 56th Legislative Day May 23, 1995 I County Board of Appeals to the State Property Tax Appeals Board. T thlnk that a No vote is ealled for on this bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discusslon? Seeing noner Senator O 'Malley, to close.

Yes. Madam President, there are a few remarks I'd like to make in closing. Primarily because of the prior speaker's comments, and I would point out to those of us who represent Cook County some facts that you should be aware of. I think most of the criticism is relied to access to the Property Tax Appeal Board. This is a remedy that is available to every taxpayer -- property taxpayer in the State of Illinois other than those of us Who live and reside in -- ln Cook Countg. T checked on th8 statistics about the Property Tax Appeals Board and, lo and behold, what did I find out, that eighty percent plus of a11 appeals that are made to the Property Tax Appeals Board, are for homeowners, and I think itds only appropriate that we extend this level of due process, which is just one more level that's available to the citizens of Cook County if we take this step today. So I think that prtmarily addresses the previous speaker's comments, but he also mentioned , I think, that there Would be additional expenses at the Board of Review level. I don 'e know where those estimates come from, but I can tell you that there is broad appeal in -- in Ccok County to allow fcr a three-member board of review. A third member to the current two members, and to be consistent with the rest of the State of Illinois, which currently has a Board of Review process with three members. I vould ask for an affirmative roll call. And, againr I urge everybody from Cook County who represenEs any home owngr in Cook County to do What they can to support this important initiative to allow home owners the due proeess that every other citizen of 1l3  ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Leqislative Day May 23r 1995 Illinois enjoys. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 1465 pass. Those in favor will vote Aye. Opposed: Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have al1 voted Who wish? Take the record. On that question, there are 33 Ayesr 25 Nays, none voting Present. House Bill 1465, having received the required constitutional majority, is declared passed. Senator Berman, for what purpose do you rlse?

I would -- I would request, Madam President: a verification OE the affirmative vote.

PRESIDING OFFICER: (SENATQR DONAHUE) That is always in order. A verifigatlon has been requested. Will all Members please be in your seats, and Will -- Madam Secretary, will you please read the affirmative vote.

The following Members voted in the affirmative: Barkhausenr Burzynski, Butler, Cronin, DeAngells. Dillard, Donahue, Dudyczr Ralph Dunn, Fawell, Fitzgeraldr Geo-Karisr Hasara, Hawklnsonr Karpiel. Klemmr Lauzen, Madigan, Mahar, Maitland, O 'Malleyr Parker, Peterson, Petka, Raica, Rauschenberger, Sieben, Syverson, Walsh, Watsonr Weaverr Woodyard and Mr. President.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Berman: do you question the presence of any Member?

Senator Barkhausen.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen's in his chair.

No further questions, Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) ll4  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23r 1995 Thank you very much, Senator Berman. On a verified roll call, the Ayes are 33, the Nays are 25, khere are none voting Presenk. House Bill 1465, having received the required constitutional majoritg, . is declared passed. The middle of page 7 is House Bill 1853. Senator Dillard. Madam Secretary, read the bill. ACTING SECRETARY HAWXER; House Bill 1853. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard. SENATOR DILLARD: Thank you Madam President, Ladies and Genelemen of the Senate. This bill amends the State Treasurer's Act and the Deposit of State Moneys Act and requires Ehe Treasurer to develop and publksh and implement an investment poltcy for al1 funds under the Treasurer's control. The bill also requires the Treasurer to appoint an Inspector General Eo detect and prevent fraud and mismanagement in the Treasurer's Office. And finallyr House Bill 1853 sEipulates that if there is an agreement between the Treasurer and a bank or a savings and loan detaillng the use of deposited State funds that that agreement may not require the gift of money, goods or services to a tbird party. This makes a number of positive changes we -- we put in the law, and a -- and a polkey -- some type of tnvestment policy for the State of Illlnois, and it eontains a couple of good, what I believe are: ethics and cleanup types of activity concerning the six bkllkon dollars a year that ate invested khrough the State Treasurer. I'd be happy to answer any questions. PRESIDING OFFICER: (SENATOR DONAHUE) Is there disgussion? Senator Collins. SENATOR COLLINS: 1l5 i I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Thank you, Madam President. Question of the sponsor.

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

Senator, when this bill was in the Exec Committee -- Executive Committee we had some ccncerns about the appolntment procedures of this this bill, because the -- at that time the bill required -- called for the -- the Treasurer to actually do the appointmenty and -- of the of the Inspector General and -- and basically we did no* feel that that would provide the necessary autonomy for that person be free and objective to actually provide the kind of advice that she would need ln order to -- to to do her job in a more efflclent wayr and we felE khat that fnspeckor General shculd follow the same course and procedure in terms of the creation as -- as the others and that it be, in fact, confirmed by the Senate. Has that changed this bill at all?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dlllard.

No: has not, Senator Collins. The Treasurer of the State of Illinois, either Judy Topinka today or her successory would in fact appoint their own Inspector General, and as explained Ko the commlttee thls is an elected constitutional officer of the State of Illinois, and I believe, and the law is drafted -- or, the -- the amendnent that puts the Inspectcr General in here is drafted so that the Inspector General only inspects the Treasurer's Office, and I believe that is her prerogative.

PRESIDING OFFICER: (SENATOR DONAHUE) Purther discusslon? Senator Severns.

Thank you, Madan President and Members of the Senate . Just so the other Members of the Senate who are not members of 116  STATE 0F ILLINOIS 39TH GENERAL ASSEMBL; REGULAR SESSION SENATE TRANGCRIPT 56th Legislative Day May 23, 1995 Executive Committee can be clear since they were not there during I i the debate, lt's ironlc that this bill proposes that Ne appoint a I newly created lnspector General and Deputy Inspector General Whenr i I iq fact, those appointments have already been made. The -- the I .. I appointment of the Inspector General was made on February lst of j this year, and thaE individual, although he might be quatified, I I happened to be the president of the 13th Ward Republican Organization in Chicago. So one might question the need for the legislation. Sut also lt's unfortunate, as Senator Dillard knows: that we offered an amendment that could strengthen Ehls b111 that would have done something that many of us ln this Chamber on both sides of the aisle would Like to see done, and that's put the brakes on the deal that the Treasurer's made in the recent Weeks. I think it's unfortunate that the sponsor - and I'm certain at the will of the Treasurer - decided to reject that amendment. I think it's unfortunate *bat we failed in making this bill a stronger bill.

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

Thank you, Madam President. Will the spcnsor yield? PRESIDING OFPICERZ (SENATOR DONAHUE) Indicates he'll yield, Senator Shaw.

I'd like to know if this position: Inspector General, does that require Senate approval?

PRESIDING OFFICER: (SENATOR DONAHUE) Genator Dillard .

No: Senator Shaw, it doesn 't. And again, this is because the Treasurer's Inspector General, I believe, is limited just to her office. I I ll7 ' - - - '= - - - - .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 I PRESIDING OFFICER: (SENATOR DONAHUE) ' i Senator Shaw . I I SENATOR SHAW: I Well, we -- DCFS and DPA, they requlre Senate approvals. what's so b' ifferen: about this office?

PRESIDING OFEICER: (SENATOR DONAHUE) Senator Dillard .

Senator Shaw, this is an elected constitutional officerr and DPA and DCFS are code departments of the Governor, and obviously we can control the Inspector General somewhat through the appropriations process in thfs Chamber.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw . SENATOR SHAW ; You know , that's a -- tbat's a very good answer, but so is *he Governor and you know, the Governor gets -- get to appolnt those -- those people, I believe, and I don't see Nhy that the Inspector General from the Treasurer's Office Would not have to have approval of the Senate here -- of this Body. And I thlnk it's a -- it's a bad precedent when you set up a public policy -- set public policy like this where you fre going to bypass people's representaEive here. And I think you should reconsider this and put an amendment -- accept the amendment that was offered Where that this individual uould have Senate approval.

PREVIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator de1 Valle. SENATOR dEL VALLE: Thank you, Madam President. In the Senate Executive CommiEtee I did offer an amendment to tequire confirmation of the Inspector General by the Senate and that amendmenE was defeated. As a result of that: and if this bill is approved, We 're going to end 1l8 y '' - - 0 - - =' .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 up with different procedures for diffeEent inspector generals, and as t said in the Commkttee, we're going to end up with a hodgepodge of inspector generals. We 're going to reach the point E I where inspector generals wcn't mean anything because Ehey all I '' . operaEe differently and they're a1l accountable to different I people. Some to the Governor. Eome to the department heads. Now I to the -- to the Treasurer. 1 think at some point ln the very near future welre going to have to stop and think about what it i means to appolnt an inspector general, because I think it's going I - - the position ikself, the title itself ts qoing to lose credibility with the public, and it's not golng to be able to accomplish what Was origlnally intended with Inspector General's I position, and that is to make sure thab we build accountability : into it. I have a questlon for the sponscr. PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he 'll yield, Senator de1 Valle. . SENATOR dEL VALLE: I 1 In -- in this bill, Senator, regarding agreements between the Treasurer and eligible institutlons that receive fundsr deposits, there was language that concernedme regarding thepossibilityof j the Treasurer's Office movlng away from using funds to establish link-deposit arrangements that, I thinkr in the past have been used in very creative ways to stimulate the development of low-lncome housing and -- and help small businesses, et cetera. What, in this bl11, is golng to insure that that type of activity con*lnues in the Treasurer's Office? PRESIDINGOFFICER: (SENATORDONAHUE) 1 SenatorDillard. 1 1 Senator: We Can Continue those types Lf endeavors On a voluntary basis, but ln the past some gifts have been as high as I I seventy-five thousand dollars a year for these types of I ll9 y '  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 I I activities, and in Treasurer Tcpinka 's eyes these giftsy in many i 1 Ways , really basically have the appearance of some deqree of I impropriety, and al1 we want to do is make sure that this kype cf 1 I -- cf lLnk-up investment, which in many cases as you knoW Work I i ' we11,aredoneonavoluntaryandnotwithagun-to-the-head type of pollcy out of the Treasurer's office. j I 1 PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Seeinq none, Senatcr Dillard, to close. SENATOR DILLARD: I'd just appreciate a favorable roll call. Thank you. PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 1853 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted Who Wish? Have a1l voted wha wish? Have al1 voted who wish? Take the record. 0n that question, there are 29 Ayes, 21 Nays, 7 voting Present. House Bill 1853, having not received the required constitutional majority, has failed. Senator Dillard, for what purpose do ycu rlse? SENATOR DILLARD: I'd request Postponed Consideration. PRESIDING OFFICER: (SENATOR DONAHUE) Postponed. If I could have the attention of the Body, We are going to stand at ease for just a moment, and Ne'l1 have further instructtons in a minute. (SENATE STANDS AT EASE) (SENATE RECONVENES) 1 120 '- . - - - .- - - - - - .- - . .'' I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 I I I PRESIDING OFFICER: (SENATOR DONAHUE) ; Senator Cullerton, for What purpose do you rise? I SENATOR CULLERTON: I I have an announcement: If there 's any Senators that would I - like to see the worker's comp conference committee I have a copy 1 over here provtded by Lee Daniels, Speaker cf the House, and if anybody's interested in lookinq at the provisions, 1'11 make copies. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin. SENATOR CRONIN: In response to Senator Cullerton: Johnr you should know better, that's not the latest version. It's completely different than that, but go ahead, study that one. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philipr for what purpose do you rise? SENATOR PHILIP: Thank you, Madam President and Ladies and Gentlemen of the Senate. It's a bogus -- absolutely bogus document. Don't believe a word cf it. It isn 't true. They have no idea What theyfre dolng . You all know that. PRESIDING OFFICER: (SENATOR DONAHUE) Madam Secretary, have there been any motions filed? ACTING SECRETARY HAWKER: I have a motion filed by Senator Dehngelis -- DeAngelis with respect to House Bl11 320. PRESIDING OFFICER: (SENATOR DONAHUE) Madam Secretary, the Chair requests that those motions be printed on the Calendar. So ordered. Messages from the House. ACTING SECRETARY HAWHER: 1 A Message from the House by Mr. McLennandr Clerk. Mr. President - I am directed to infarm the Senate that . I 12l . - .- - - - - 'Q I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 the House of Representatives has concurred with the Senate in the passage of a bill of *he following title, to wit: Senate Bill 377, with House Amendment No. 2. I have a like Message on Senate Bill 1187, with House Amendment No. 4. PRESIDING OFFICER: (SENATOR DONAHUE) Introduction of bills. ACTING SECRETARY HAWKER: senate Bill 1216, offered by Senators del Valle and Boules. (Secretary reads title of bill) 3rd -- pardon me. 1st Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin, for what purpose do you rise? SENATOR CRONIN: For purposes of an announcement, Madam President. I'm making an announcement that I will make another announcenent later. I apoloqize. The Senate Education Committee ls not meeting right now. Contrary to our previous announcement, and we will le* the Members know as soon as possible about the date and the time and the location. Sarry about the inconvenience, but welll be meeting shortly. PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Donahue, for what purpose do you rise? SENATOR DONAHUE: Thank yau, Mr. President. I would like to request a Republican Caucus at 4130. A Republican Caucus. 4:30 in Pate Philtp ls Office . PRESIDING OFPICER: (SENATOR DUDYCZ) For a1l Members that -- that are within earsbot that there will be a Republican Caucus at 4:30 in the Senate President's Office. Senator Cronin, What purpose do you rise? SENATOR CRONIN: 122 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Thank you, Mr. Presidene. For purposes of an announcement. I I The Senate Education Committee *i11 convene at 5:30. We will d I caucus for one hour and ue will convene at 5:30 ln Room 400 to I hear an amendment to House Bill 206. 5:30 in Room 400. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver, for what purpose do you rise? SENATOR WEAVER: Thank you, Mr. Presldent. Theredll be a Republican Caucus in Senator Philip's Office immediately. PRESIDING OFFICER: (SENATOR DUDYCZ) For all Republican Members there will be a Republican Caucus immediately (n the Senate President's Office. The Senate w1l1 stand at ease until 5:30. (SENATE STANDS AT EASE) (SENATE RECONVENES) PRESIDING OFFICER: (SENATOR WEAVER) Committee Reports. SECRETARY HARRY: Senator Weaver, Chair of the Committee on Rules, reports tbe followin: Legislative Measure assigned to committees: Referred ta the Committee on Conmerce and Industry - Senate Amendment l to House Bill 838. PRESIDING OFFICER: (SENATOR WEAVER) Commerce and Industry will meet at six o'clock. The Senate will reconvene after the commiktee meetings. Senate stands in recess. l I I I 123  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SEGSION SENATE TRANSCRIPT 56th Legislative Day May 23: 1995 (SENATE STANDS IN RECESS) (SENATE RECONVENES)

PRESIDING OFFICER: (SCNATOR WEAVER) The Senate will come to order. WMAQ-TV, WLS-TV, WBBM-TV request permission to videotape. Is there leave? Leave is granted. Committee Reports.

Senator Butler, Chalr the Committee on Commerce and Industry, reports Senate Amendment l to House Bill 838 Be Adopted.

PRESIDING OFFICER: (SENATOR WEAVER) On page 6 Hcuse Bills 3rd Reading is House Bill 838. Senator Cronin, do you wish this bikl returned to the Order of 2nd Reading for the purpose of amendment? Senator Cronin seeks lgave cf the Body to return House Bill 838 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading ls House Bill 838. Mr. Secretaryv are there any rloor amendments approved for consideration?

Anendment No. lr offered by Senators Cronin and Butler.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin. For Wbat purpose Senator Demuzto arise?

Mr. President: We'd like to request a Democratic Caucus.

PRESIDING OFFICER: (SENATOR WEAVER) All right. How long? The Senate Will then stand in recess fcr a Democratic Caucus. We'kl reconvene at quarter till ten.

Whoa. We need more time than that.

PRESIDING OFFICER: (SENATOR WEAVER) l24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislattve Day May 23, 1995 For What purpose Senator Jones arise?

Thank you, Mr. President. Unfortunately, these bills were presented to our Members at sucb a late hour. You had plenty of time on your slde of the aisle to caucus. So, therefore, in order for our Members to have ample tlme to deal With lt we Would like to have ample time to deal w1th 1t. So what time is 9:20. So by the time we round the Members up we should be back at eleven. Had we had the bills and privy to it we could have discussed in caucus llke you didr but we never had such tine to deal wlth before it was introduced and sent to ccmmittee.

PRESIDING OFFICER: (SENATOR WEAVER) Well, Senator Jones, there's been a lengthy committee hearing. The Senate will stand in recess until the hour of ten. (SENATE STANDS IN RECESS) (SENATE RECONVENES)

PRESIDTNG OFFICER: (SENATOR MAITLAND) The Senate will reconvene. When the Senate recessed, Senator Croain was discussing Floor Amendment No. to House Bill 838. Senator Cronin.

Thank you very much: Mr. President and Ladies and Gen*lemen of the Senate. Conference Committee Report No. to House Bill 838 contains -- Amendment No . 1 -- Senate Amendment No. 1 to House Bill 838 contains significant meaninqful reform of the worker's compensation system in the State of Illinois. We heard a lively debate committee. We heard statenents and criticisms and 125  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 56th Legislative Day May 23, 1995 1 observations about the proposal from each affected party. And ' I there ts one point -- there's one conclusion that you can draw I ( about this bill after the debate here on the Floor is that this j bill will improve the current system and will help. I'm going to ' I I make a motlon, do adopt at the moment.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there dlscusslon? Senator Cronin has moved the adoption of Floor Amendment No. l to House Bill 838. Those in favorr say Aye. Opposed, Nay. ThP Ayes bave 1t, and the amendment is adopted. Any further Floor amendments approved for consideratlon, Mr. Secretary?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Al1 right. Ladies and Gentlemen, top of page 6 on your Calendar ls House Bill 838. Senator Cronin . Read the bill, Mr. Secretary.

House Bill 838. (Spcretary reads ttkle of bill) 3rd Reading of the btll.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones, for what purpose do you rise, sir?

A point of personal privllege, Mr. President.

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

Mr. President' as we get ready to move, or deal withe Senate -- House Bill 838 or the proposed worker compensation billy and We Democrats were in caucus, we requested tlme in the caucus, and the reason why we requested time, Mr. President, durin: all the I I 126 . l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Leqislative Day May 23, 1995 deliberations and negotiations on eiEher the school bill or the workers' compensation billr not one Democrat Nas lncluded in those negotiations. So when you recessed and went into caucus at 5:30 or 4:30 to 5:30 you had inside knowledge as to what the fin#l product Would have been when it's presented to Ehe Members. Your prior knowledge -- while you were in caucus, Senatar Weaver came out and said tbe Rules Committee is goin: to hear the workers' compensaticn blll in Rules, and kieked it out to the committee kith the prior knowledge. Thts is a Very important piecg of legislation as relate to the people of Illinois as far as Lhe korking people, as far as the educators and children ln the Chicago public schocl system . lf you want to have a -- a -- a process whereby the representatives of the people who are elected to this Chamber to have an oppor*uniEy to intelllgently discuss the lssues, then you would not try to freeze them out. You would allow them ample tlme, as you have had ample time . Several Weeks in putting this package together you had prior knowledge to it, so you would not have needed as much time as we have. And so lt's very regrettable. I see Senator Philip over there, the presiding officer of thls Chamber, but very regrettable that you choose to shut out debate, shut out the Members on this side of the aisle from acquiring the knowledge of a all important piece of leglslation. It's very unfortunate that you are operating in that manner. If you were genuinely sincere in having good, honest open debate on this issue, then you Would have opened the doors and said: ''You Democrat Members, We al1 can sit down and discuss this.'' But T really regre*, when I requested time to debate this tssue in our caucus so we can read this Ehlck plece of legislation that you worked on for several weeks without any input fron this side of the aisle, and you knew what was in the bill, and you said ue going to get back in here in less than forty-five mlnutes and deal with it. It's -- lt's no* right. And you -- and that is l27  STATE OF ILLINOIS B9TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 What I call an abuse of a power, an abuse of authcrity, and it's I I really not necessary. PRESIDING OFFICER: (SENATOR MAITLAND) I Senator Philip, for What purpcse do you rlse, sir? SENATOR PHILIP: Thank you, Mr. President: Ladies and Gentlemen oî the Senate. As you know, Senator Weaver gave you a caucus for over half hour. We told you We were coming back at ten. I called your office, talked to your secretary and asked her to put a message in. I Was here in 1974, my friend, when you passed Ehe larsest -- not your but your side of the aisle was in the Majority, and you passed the largest increase in wcrkmen's comp in the history of the State of Illinois. In fact, you put us number one ln fifty states. Well, you know, there was no public hearing. We never saw that amendment or that bill. It was plopped on our desks and we voted on it in ten mlnutes. So Merry Christmas. PRESIDING OFPICER: (SENATOR MAITLAND) On -- on House Bill 838. Senator Cronin. Senator Jones, for what purpose do you arise, sir? SENATOR JONES: Well, I didn't realize: Senator Philip, that khis Was an attempt to be punitive because of what has happened in prior years. As you indicated, I didn't sponsor the bill, nor was I the presidlng offtcer. So ghat you lre saying, in essencey is that you want to be punitive to the people of Illinois because of something that happened twenty-one years ago. And it's very regretful that you are treating -- using your power as President to abuse the people of the State of Illinols. PRESIDING OFFICER: (SENATOR MAITLAND) OnHouseBill838. SenatorCronin. j SENATORCRONIN: 1 Thank you, Mr. President, Ladies and Gentlemen of the Senate. i l28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 House Bill 838 proposes signiflcant and meaningful changes in the Warkers' comp system in the State of Illinois. The -- the people that crafted this bill nade a stncere effort to come up wkth a fair and evenhanded proposal. There was a protracted discussicn, a lively debate in committee that evidenced the fact that a11 the parties that are affected by this bill are not thrilled about it. Business groups are not thrilled. Labor is very unhappy abcu: i*. Trial lavyers are unhappy. Doctors are not happy. We tried to be fair. We have a bill that has some meaningful and significant reforms. We have addressed the issue of managed care and health care cost containment by elkminating incidence -- eliminating incidence of doctor shopping by providing that an employee in this State may only choose one doctor. May only have a first choice of physician. We have a provision here that increases the maximum permanent, partial disabillty rate to four hundred and nine dollars a week. We have eliminated the employeg second choice of physician: as I stated earlier, that helps the employers and the businesses. We 've provided a credit for body-as-a-whole award. We've clarlfied the average weekly wage calculation. We've offered language that addresses the problem of repetitive trauma. We have language in here that prohibits venue shopping. We require an employee ta notkfy an employer, in Writing, Wkthin thir*y days. We've improved workplace safeky through strict anti-alcohol and drug language. We have comprehensive fraud language. There is much in this bill that the business community can look to and can suggest to thelr members that this is goin: to improve the economy; thks is golng to improve competitiveness and job opportunities. And yet on the other side of the ledger We have been very careful not -- not ko harm legitimate and fair rlghtG and benefkts of the Workers. We have prohibited the practice of balance billins against injured workers during the pendency of the claim and we believe that we've effectively 129 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legtslative Day May 23, 1995 eliminated for after the claim. We have coordlnation of medical benefits in disputed cases where the health insurers shall pay first. Wedve created a prompt payment provision assuring payment of bills and thereby reducing administrative and liyigation costs to chase these bllls down. We've doubled the penalty aqainst insurers who willfully halt TTD payments. Wedve increased the burial benefit from forty-two hundred to five thousand . Wedve provided a mechanism to guarantee timely benefits paid to beneficiaries of the Rate Adjustment Fund for three years. Comprehensive fraud language helps everybady: employers, employees, al1 those doctors in *he sgstem. be happg to answer questions. ask for your favorable vcte.

PRESIDING OFFICER: (SENATOR MAITLAND) A1l right. Is there discussion? Senator Weaver.

I'd move the previous question, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver moves the previous question. There are fcurteen speakers. Fourteen speakers. Senator Garcia.

Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcia, one moment, please . The Chair will announce that the timer is on. Each speaker will be given three minutes to speak. Please watch the llghts. Please watch the lights. Please watch the lights. If the light goes red, I Will ask you to bring your remarks to a close. And Would ask you to do that. Senatcr Garcia.

Mr. President...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones, for what purpose do you riser sir? l30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23, 1995

There are several Members on this side of the aisle who may have questions of the sponsor of the bill. Now, in the sponsor's action is the -- the answer of the -- the regpondent -- is that part of the three minutes? END OF TAPE TAPE 4

PRESIDING OFFICER: (SENATOR MAITLAND) It is, Senator Jones. Senator Jones.

Then if -- you want to deliberately shut ou* this side of *he aisle, thenr you know? I don't see Why the Mgmbers on this slde of the aisle should even participate. Just because you have the votes on your side of the aisle doesn't mean that you should use it to abuse.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further -- Senator Garcia.

Thank you...

PRESTDING OFFICER: (SENATOR MAITLAND) Senator Garcia.

... Mr. Prestdent. Would the sponsor yield for a question?

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

Senator Croninr have several questionsr but I will limit my 131  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 56th Legislative Day May 23, 1995 I I questioning since the strlct rules have been invoked here. I'd I I like to call your attention to page 37 Where the bill requires an I injured worker to sign a record release form releasing all af his or her medieal records, including mental healkh, alcohol and substance abuse, and sexually transmitted disease records. If he or she refuses to sign the release, are they barred from fillng a claim? How can you explain such a harsh penalty?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin. SENATOR CRONINt We -- we wanted to streamline administrative costs for access to medical records. We have been very careful to protect confidentiality, and we have speeifically provided that irrelevant records do not go into evidence.

PRESTDING OPFICER: (SENATOR MAITLAND) Senator Garcla.

What penalty is there on an employer if the employer makes those records public?

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Cronin.

The Commisslcn is authorized to revoke a license of an insurance entity to do business in the State of lllinols. Furthernore, on page 39, lines 23 through 32, it specifically Provides that release of any mental health, alcohol/substance abuse, sexually transmitted dlsease records and communications only in accordance with applicable State and federal laws and rules.

PRESIDING OFFICBR: (SENATOR MAITLAND) Senabor Garcla.

l32  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 To the btll, Mr. President. Since We're so limited on kime, I want to point out several things: Pirst of all, that several I I mlllicn workers in the State of Illknois will be affected by this I ; bill; that welve only had approximately an hour and a half to j consider this sweeplng propcsal; that this proposat really doesn't I consider workplace safety because it only purpcrts to create a 1 eommlssion to study the issue of worker safety. and it turns the tables against Workers. Have we asked workers and enabled them to come fortb and testify on what types of Workmen 's compensatlon laws we ought to have tn Illinois? The answer is a flat no. Essentially What Nefre seeing here is buslness ganging up on Workers al1 over the State of Ilkknois, whether they are organized or not belonglng to unions in the State of Illinois. It's also 1 troubling that the proponents of thts bëll have not guaranteed j that workers' compensation premiums will go down. If they don't believe and they know that they may not or Will no go down... /

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garciae bring your remarks ko a close, please.

...why can 't they tell us? Por these reasons and because many workers thraughout the State of Illinois will be hurty I urge a No vote, because this is clearly an anti-worker proposal.

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

The parE -- park that I want to get aty I mean, is this part about alcohol. I mean, did you guys understand What's going on? W& have a part here that says that lf any worker's injured, even J if *here's no smell of alcohol -- there'B nothing in your I anendnent, Senator Cronin, that talks about -- and policey when 1 I you stop somebody/ there's got to be erratic drivlng or smell of i alcohol before you would ask somebody to submit to an alcohol / 133  . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 test. Here it's an implied consent. Just by the mere fact that I youdre injured: y1u have to take a sobriety test. YOu don't even I ' I have to have a smell cf alcohol on your breath. You don't even I have to show that anything arlses. I see nothing there. You 're saying that someone must do it, and if they don't submit to it, it's no* like it is in the State of Illinois. You're not convicted of the crtme of DUI, you just have your license suspended. You're saying if he refuses to subnit to the test, he has no claim. I mean, you don't reatly Want to do that. Come on, we talk about this a1l the tlme. You can 't have it Where snme guy gets injured and you go up and say, ''We11, you wanE to file a claim, buddy, you've gok to Submit to alcohol tests right ncw. And if you refuse -- you don't even give hlm time to talk to a lawyer to see what his rights are. If yau refuse, youdre barred from a claim. I mean, that's crazy. You don't even have a level in here of what intoxtcation is about. I mean, that's not fair. I -- you know, I donft knok What youlre trying to do with this bill, but thls ls one of many. We only have three minu*es, so I - - I -- we could go on for forty-flve minutes doing this. But thts is one that's blatantly unfair. And -- and lf I have time for a question, I would -- I would ltke to know why there is no -- no alcohol level here, or why there isn't something that would say that you have to have -- that you have to have at least a smell, an odor, of alcohol in ft. Now, come on, Senator Cronin, you don't Want something like this become the 1aw of the land . If youdre drunk ar lf you have alcohol smell on your then maybe you could ask for the test. But just come up Willy-nilly and sayv ''Heyr you're going to give bloode'' makes no sense. The guy fs on the ground with a broken footr and youlre going to say to make a claim, you'vê gok to give blood right here and now, or you're barred fron ever making a claim? That makes na absoluEely no I Sense. j 134  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

PRESIDING OFFICER: (SENATOR MAITLAND) Eenator Cronin, that Was a question. Senator Cronln.

Ehink it's really curious and ironic that the first speaker that gets up makes a point of inquiry about wheEher or not there's workplace safety provisions, and then the seeond speaker from that side of *he aksle concerned about protecting the rights of people who abuse drugs and alcohol on the job.

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

don't know if that was an answer to my question or not, but let's get this straight as you read this bill. Remember this, and -- you know, everybody over there just -- just understand what this part says.

PRESIDING OFPICER: (SENATOR MAITLAND) Your time is expiring, Senator...

Okay. You -- you are asked -- every time a worker is lnjured, whether there's any -- any -- even a scintilla of evidence that he had a drink, as he 's lying on the floor - because it doesn't make sense to take the drug or the alcohol test the next day - you are forced to give an alcohol test or a drug tes: and give blood rtght there on the accident flocr, or you are barred from making a claim. There is no way you want that in this bill. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator DeLeo. SENATOR DeLEO: Thank you, Mr. President. I just uant to yield my Eime to Senator Cullerton. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) l35  STATE OF ILLINOIS 89TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23r 1995 Further discussion? Senator Cullerton.

Yes. Thank you, Mr. President, Members of the Senate. What the reason why this bill came out so late ks because there's been scme very long and tough nggotia*ions. And you know who was in the room? The doctors and the business community . And they were fighting about how -- Whether we could possibly save somq money in the workers' comp system. And the issue is whether or not we're going to have managed eare or noE. And we had managed care, there would a 1ot of savings. They didn 't invite the labor people, because they weren't willing to change. But I would suggest to you -- oh, and by *he way , the results of the battle between the doctors and the -- and the buslness people was that the doctors took a little hit. They kêpt the real savlngs, though: out of the system. And that's why Senator Cronin said everybody's mad. The doctors are mad, the business communtty 's mad, and labor's mad. Well, labor wasn't even invited ta the -- to the meeting; that's why they're mad. The doctors are mad because they took a little and the business people are mad because they didn 't get to get their managed care. So that's -- that's the politics of the system that we came here to. This is a terrible bill. And this is going to get us back in the game, because this is going to be much more Pffective at waklng up the people who may have voted Republican last time, to seeing that you guys are not on their stde. This cuts benefits. No question about it. By capping the pernanent, partial disability rates at a certain level and not even taking intc account inflation, that's a cu*. The average weekly uage calculation sticks it to construction Workers. The uay Ehat Ehts ks calculated now takes inqo account guy shows up Eor work and it's raining, he doesn't get paid. You'rg saylng Eha: that -- he didn': -- you're pretendinq like he just didn't Work that day, Wasn't even Willing 136  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 to go to work. Tt's an absolute cut. There's a carpal tunnel syndromer which is a growing problem, especially among women who are worktng, this has a separate standard just for themy to make it more difficult for yomen and disabled people to -- to prevail in a workers' comp claim . The -- the release of unrelated medical records is phenomenal. You have -- to flle claim, you have ko sign a Waiver. So you're -- you're a ucrker in McDonald's and you get a grease burn and ycu Jre a women, a young girlr and you go ln and you file a claim , you file a release or you can't file the claim. Everything in your pasty the fact that you went to see a psychiatrist, the fact you may have had an abortion it's a11 open. And he says, well, there 's eonfidentiality. There's -- ycu look ak the language on page 40, it's a joke. You know What? We haven't even talked about this: There's thirty-five ne= patronage employees. The Personnel Code is renaved from this bill. They fire a1l of the arbiters and hire thirty-flve new people wlth no Personnel Code provisions, people who don't even have to know anything about the body: like the people who are there right now. The -- the fact that you eliminate the second ehoice of a doctcr. Somebody's injured) they go to emergency room; they've got a doctor. Turns out the doctor's not so good; they want to go to a second doctor. Now they've got to take the -- the doctor that the employer has on the payroll. The the -- the idea of -- of -- if you are -- if you read this bill carefully and you want to do -- hire somebody to do some work in Illinois, you should go hire Workers in Indiana. If you hire workers in Indiana and theydre injured, they go under Indiana 1aw and they 're -- they dre lower, 'cause they bre the lowest in the nation. There's a -- a notificaticn requirement. If somebody's injured on the work now, they've got on *he job now, they've got forty-five days to orally tell their boss, ''Hey, I was injured.'' Under this provisionr it's down to thirty days,  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 which is, I guess, not so bad, but it's got to be in Writing. So now the worker, Who daesn't know exactly what happened to himy but they -- they were injuredy now theylve got to write down on a piece of paper eyactly wha: happened to them êven though they're not themselves sure exactly What was the cause or What the -- what the true element is, by forms given to them by the Industrial Commission. And what ls that for anyway? Who needs that? The -- the lltigation explosion I'm told is going to come as a result of this bill is phencmenal. There's there's a thing in here called a wage differential award modification. I'm not even sure know exactly what means, but as a practical matter, it's going to mean that there 's never any finality to any of the current cases. There's going to just be litigation galore. know why you're calling it tonight. I know why you've got to get out of here before you guys have a chance to really read it and hear from your own constituents. This is going to have tremendous political ramifications: much more so than the tort reform billr because there's a 1ot of injured people who are on the job that are affected by this change whc, right aWay: early onr are going tc find out what you did to themr and lt's going to have a very negative political ramiflcations for your Party. urge a no vote. PRESIDING OFFTCER; (SENATOR MATTLAND) Further discusslon? Senator Trotter.

Thank you very much, Mr. President. yield my time to Senator Tom Dunn.

PRESIDING OFFICER: (SENATOR MAITLAND) Let me -- 1et ne -- 1et me make a rulin: right now. We -- we do no* have a policy in this Chamber to do Ehat. granted that to Senator Cullerton. I'm not going to do that any more, so you'd better either use your time -- elther use your time, Senatorr now, l38  STATE OF ILLINOIS 89TH GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 because I Will not I Will not give six minutes to another speaker. Senator Jones, for What purpose do you arise, sir?

According to the rules, a Member is given five minutes. You went down to three mlnutes, without any waiver of the rule khatsoever. So therefore, I think in your reeent statement Ehat a Member cannot yteld their timer think, you know, if you're going to be fair and play accordin: to the rules, let's be fair on bases 'cause the rules does say flve minutes. So thereforer I wish you would reconsider what you just stated and give the Member an opporEunity to yield his time.

PRESIDING OFFICZR: (SENATOR MAITLAND) think -- the Chair has rule, Senator -- Senator Jones. Senator Trotter.

.m.have a question of the sponsor.

PRESIDING OFFICZR: (SENATOR MAITLAND) Indicates he will yieldr Senator Trotter.

In Chapter 48r paragraph 138, this Section excludes any nonresident injured employees hired by nonresident employees -- employers frcn coverage under the Illinois Workers' Compensatlon Act. How does an Illinois contractcr compete with an Indiana contractor for Illinois business?

PRESIDING OFFICER: (SENATOR MAITLAND) senator Cronin.

If a Indiana worker, working principally in Illinois, is injured, then they may proceed under the Tlllnois Workers' Compensation gysEem. Bu* if an Illinois company is doing business in Indiana and the Worker injured in Indiana, thls bill provides that they shall pursue their remedy in Indiana. 139  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Trotter.

Wouldn't this essentlally force Indiana -- or, Illinois contractors to move to Indiana in order to compete?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.

No. It wculd prohibit employees from seeking redress and stretching jurisdictional issues to get into the Illinois system because it's *he most generous -- unfairly generous system.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Trotter.

I'm not going to belabor the polnt. Senator Cullerton hit most of the lssues here; however, this is a -- quite a very punitive issue that we're talking about and what we're doing to the Illinois Workers. I believe at this time that we should take the vote. think we should all vote this down, because as pointed out by the other Senators who have spoken before me, that this bill here once it reach the light of day, we Will a1l be looking for jobs next year.

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

Thank your Mr. President. hope the workers of Illinois are listening tonight, because your permanent, partial disabllity rate will be frozen as of July of this yearr and the next people rakse it will be the people that gave you this bill. The averaçe weekly work Week for a construction Worker will change substantlally. The benefits for construction workers will change. For women who ar9 injurqd th9 job due to cumulative trauma l40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 discrders, you will have a higher standard than any other injured employee in the State of Illinois to prove ycur case. If you are 1 an Illinois resident and you work in Indiana, and you are hurt, I the Indiana Legislature is going to set your rate. And by the wayr it just happens to be the lowest rate in the midwest. Clearly what's happened here is a missed opportunity occurred, a golden opportunity, if you will. When tort reform was done, this bill should have been done, but it Wasn't. And now we're faced with another midniqhty almost, bill - the kind of bill thaE we heard wouldn'E happen anymore bu* noW seems to be happening as we get clcser to the deadline. There Won 't be any premium reductions in this bill. It was said so in committee basically, and what does that mean? It means in the marketplace, the competition that many people say will exist will not exist. Thank you.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I think it's tine to thank the Republican Party. We know you took weeksr maybe months: to put ïhis together, by yourself, as has been said, with a few doetors and a few from the IMA . Nobody Who represented working people. Obviously no Democratsr I mean, we probably shouldn't even be on the Floor tonight. After you worked on it amongst yourselves, you still needed *wc hours to discuss it. Then cane back and gave us a few minutes - a half hour, maybe forEy minutes - to look 1t over, and said, this ls what's here. And we've talked about a few of the items. What about the guy who's totally disabled and you say nine and a half years is : enough? Twenty-five-year-old workman gets injured permanently. ' By the time they're thirty-five, 1et them starve to death. There's no public aid left anywayy so they wcn't get any workers' comp. They accidentally fall off èhe scaffold; there's no ( l41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 Scaffolding Act. So let them just expire nicely and letfs not worry about lt. They did increase, however, the benefits for the funeral direcEors when he dies so thak those people can be compensated. I'm not going to claim it's any Member of the General Assembly who asked for that, Senator Phillp: even though you're pointingy but I I don't belleve he would have anything to do with that. We also talked about, as Senator Molaro, pointed out, boss takes his worker to lunch. Maybe it's his office manager. They have a sandwich and maybe a beer. Come back tc the plant and and the office manager is checking the Plant, standing there talking to another employee and an fork lift runs him over. He didn't do anything wrong; he was just standing there. Happened to have a drink at the boss's request at lunch. Deny him any benefits. So why do you say -- do I say thank you? I came up through the labor movement. My father was a labor leader. And I've been upset With his colleagues, those who succeeded him life...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Carroll, your time has expired.

Let me just finish, Mr. President. Because the union people did not pay ateention this last election. T will close by s#ying: You had a fast track. Watch this train coming down the road. This is the train that's gcing to roll you over.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Berman.

Thank you, Mr. President. There's a provision here that think once it's made known and I know that the employers will make known *o al1 employees - it uill intimidate many, many employees to prevent them from makin: legttimate elaims for bein: injured on the job. And that provision requlres -- or allows, I'm 142  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 sorry, allows an employer to have the full and ccmplete medieal records of an injured employee. Once they make a claim for an injury, the employer can go back from day one and inquire regarding any past mental problems, Which may not have anything to do with the injury; any kind of alcohol problems - may not have anything to do with the injury; abortions - may not have anything to do with the injury; any one of -- any one of a nunber of medical histories that have nothing to do with the injury, but that becomes open record. It violates *he doctor-patient relationship, confidentiality, and it will intimidate every employee. What's the purpose? What's the purpose? Tcday, under existing law, if any past medical history has a connection to the injuryr it can be introduced. Thls goes far beyond thak. There is no purpose to thls paragraph but to intimidate the employees.

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

Thank you, Mr. President and Ladles and Gentlemen of the Senate. I rise to say that I'm sc sorry this happened. When this was getting -- you were getting this bill package legislatlon together, I merely want to say to the sponsorr it would have been so nice if had a -- had a bipartisan commlttee and învited some Democrats in on this. You could have had just one or two. And then invite some of the people who are workers in our city, because they are the ones Who are going to suffer. And I think that it's -- it's wrong that we have this bl11. There 's a lot af flaws in here, and they are not to *he bettermen: of our cltizens here in *he ftate of Illinois. And so I merely Wanted to say to you that I'm so sorry that we are doins this. hope that ve will vote it down. Thank you very kindly.

PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Senator Clayborne.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995

Thank you, Mr. President. Senator Cronin -- will the excuse me. Would the sponsor yield?

PRESIDING OFEICER: (SENATOR MAITLAND) InJ' icates he will yield, Senator Clayborne.

senaqor Cronin, as i: relates to the noEice provisions, youdre reducing the notice provision by fifteen days as well as making it a written notice. Am I correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.

Yes. In the notice provision, ue are requiring that there be a shorter period of time to streamline administraEive costs. We are providing written notice so there is more certainty. Failure to give written notice is not a bar as long as the employer is not prejudlced on -- in one case, and then it's not a bar the employee has good cause not to have given written notice.

PRESIDING OFFICER: (SENATOR MAJTLAND) Senator Clayborne.

Thank you. The problen with that, Senator Croninr the fact that if you're really looking for short notice and saving the employer moneyr a quick oral notlce when a person is injured seems like, to me, would be more expedient. There's a -- there's a case that I was involved in, Senator Cronin, where a young man was aE a steel foundry. He Was up on a platformr Senator Cronin. Stuck his head out. A crane came by and crushed his head. He Was twenty-nine years old at the time. He was in a coma for about forky-five days. Obviously, the employer was auare that this person had been injured on his job. The other problem, as it relates to the 1aW and how is changed in the State of 144  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Illinois: This case was also prosecubed under the Structural Work Act, Senator Cronin, which basically means that if this yaung man had been hurt after tort reform, ehat this bill passes, that this young man would not -- he would have had jeopardized in reading redress as it relates to his Workmen fs Compensation Act; he would have problems getting redress as it relates to the Structural Work Act, Senator Cronin. The next point is that you change the language from -- from ''reasonable and necessary'' medical expenses to ''usual and customary''. Wellr Senator Cronin, I'm sure you're not aware of the fact and *he medical is not aware of the fact thae there's a doctor righe now who -- who a jury is out on because he practiced this same thing. Instead of charging What was reasonable and necessary, he charged what he thought was usual and customary. And right now he's being prosecuted by the U.S. Attorney's Office for that very reason, and I don't think you understand that, Senator Cronin. And it's -- it's to the point where you're trying to save money, ycu would hold the doctors to the position of only chargins what is reasonable and necessary, because *he language of usual and customary is too broad. Itls unfortunate that we will have many of Illinois' citizens, workers and laborers, uho will be jeopardized for seeking redressr whlch will eause their families to to suffer loss of income: to suffer loss of support because of your interest of two entities. And that is the medical and the business .

PRESIDING OFFICER: (SENATOR MAITLAND) Would you bring your remarks a close, Genator Clayborner please.

Yes. As -- as as history has shown since the founding of this country, is that those who have laboredy those Who have fought, those who have sweated and suffered, have no rights because it's a1l about those who employ. Thank you.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

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

Thank you, Mr. President. You know, hadn't intended to say anything, but after listening to all of the ills of this amendment heree I think that the peaple on your -- on the other side of the aisle, I don't belleve that you kant to do this. You know r there were sone Democrats who voted for you in the last election. Those Were working people. There were some Republicans who voted for you. Those were worklng men and women in this State. And they didn 't send you down here to move the execution chamber from Joliet to Springfield, and that's what you're attempting to do in this legislation. And certalnly *he notlce will go out to those people. There were many of those people who enjoyed workmen's comp so long till they dldn't feel as though anythin: could like this would happen ko them. They didn't feel as though that you Would do this. They felt as though that ycu Would be more humane than you are. But the other side of the aisle and the people who drafted this legislation are not humane. Ycu 're not thinking of the working men and women who -- the people who sent you here. You 're not thinking -- some of the people that 's a part of labor, they thouçht that -- they voted for you. They didn't think you would do this ko khem. T've had some to tell me, say, ''They wonlt do that. They can 'E do thatan This has been in eyistence for many years and they thouglt -- tley didn't know how got there. They just felt as though thaE it was an entitlement that would always be there. Bu* when you attemp* to do Ehis these in your own distriet, the people going to have some redress, and it's going to be some additional election come up. So would ask you not to do this legal injection here in Sprlngfield on the people of Illinoisr working people of Illinois. You should 1et that happen down in Jollet soRewherey Wherever they  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 do it, but not in Springfield. And maybe the sponsor of this legislation don't wank ko sponsor this legislation, but know you a11 have good sense over there and some of you - most of you - are fine and decent individuals and have compassion for people, for working people, not just the big corporations. But think abcut before you east that vote tonight. Vote for the working men and women of this State, not -- and you need to vote No on thls legislation.

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

Mr. President and Ladies and Gentlemen of the Senate, this bill does have same flaws. We al1 recognize However, for the main party it has a 1ot of good work in it. And I would like to call the attention to the sponsor when if it passes this Hcuse, when it goes to the oeher House, that some of these thlngs that were enumerated here tonight be corrected. One the position that When -- when a worker is injured in Illinoisy he's entltled to be under the laws of Illinois. That's what's my understanding when it was explain to me earlier. The other part is the notice provision should be cleaned up , and I think that that can be done so that it be a far better way notifying an employer when someone is badly injured. For the most part, has some very gocd factors in here. It provides for a more prompt payment of the medlcal bills to the injured worker than we've ever had before. So I'm going to vote for this bill and hope that some of these concerns that have been addressed here tonight Will be cleaned up in the other House. So I speak in favor of the bill.

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

Thank you, Mr. President and Members of the Body. There is no l47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 polnt ln me speaking specifically to the points of this bill. My colleagues have been doing that quite well. would just like to draw your attention to the irony of thls bill. There was a book wrttten some years agoy George Orwell's 1984, Which the centerpiece of that was a discussion about doublespeak. And this bill, interestingly, is called workers' compensationr when in factg in practice' is now corporate compensation. When it -- called impartial, when, in factr practice be punitive. And with this bill you are asking working families to agree to be punished for being injured on a jobr where the work they do is Ehe reason that Illinois is still economically viable. am wearing black today because I am in mourning for families who thought their contribution to the wealth of Illinois gave them a place at the table. am suggesting to you, as me say my community, what goes around comes around .

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I think it's obvious from the questtons that have been asked by Members of this side of the aisle, and even some comments made by a Senator on the oeher side of the aisle, that there are a 1ot of questions, there are a 1ot of flaws, there are a 1ot of things to still be accomplished in this -- in this bill. think it's obvious that when you bring an item like this or an issue like this the eleventh hour, is not fair ko not only the people of the State of Illinois that has no input in this eleventh hour, but to those that represent those people in the State of Illinois in the eleventh hour. Labor has no* been inviEed to the table for input. Democratic Members, as Was stated, Was not -- or were no* invited to the table for input. We have had a couple of hours to try and digest this very comprehensive, very damaging, in  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislaeive Day 8aY 1995 my opinion, amgndment to this bill. thlnk that in a11 fairness to the people of the State of Illinois, a11 of the working millions of people in Ehe State of Illinois, that ue should hold this over. We should have some input by those that I had mentloned. think that in fairness to -- to your Members thak are inclined to vote for thisr that they have a ehance to look at it, see how it impacts the people that they represent in their particular distriets. I think it's just a queskion of fairness. I've served on the Labor Conmittee both in the House and the Senate all my career here - some twenty-three years. And I am one of a handful of legislators here tbat voted for those workers ' ccmpensation changes in 1975. And I know that there were problems and there Were changes that had to be caused from that year on. And that's how we came to an agreed bill process, where labor and management sat down and negotiated ehose changes. There were changes in 1977. There were changes in 1979. There were agreed bills that came out of negotiatlons by labor, by management, by business, by all of Ehose Ehat have a - a legitimate interest in in working men and women, and in business and the business elimate, in this State. Mr. President, Ladies and Gentlemen of the Senate, I think this ls a wrong thing to do at this time. I think this bill should be held . I think there should be further meetings and negatiation and further consideration. And at this time, I would suggest a No vote.

PRESIDING OFFICER: (SENATOR MATTLAND) Further discussion? Senator petka.

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

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

Senator Cronin: for purposes of legislative intent, on page l49  STATE OF ILLINOJS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 56th Legislative Day May 23, 1995 35y at lines 27 and 28, ''usual and customary fee'' is described as the amount charged. What does the tern ''charged'' mean? PRESIDING OFFICER; (SENATOR MAITLAND) Senator Cronin.

On lines 28 and 29, on page 35, the term ''charged'' in this context means the typical fees paid for medical treatment: diagnostics, supplies or cther services by private sector payors.

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

Thank you -- thank you, Mr. presldent and Members of the Senate. I won't ask *he sponsor a question, because I know what the legislative intent of this legislationr and that is likerally to stab ane in five of the Working people not in the back, but in the chest. The only reason you're getting away with it now, because the bill was called at such a late hour. And due Eo a question from one of the other sponsors on the other stde, as it relate to what the House will do, 1et me say , Senator Geo-Karis, the House has either to accept or reject this amendment. They will not have the opportunity to amend it cr ehange itr unless this bill goes to conference committee. A bill of this magnitude, which affecks cne five of the working people in Illinols, should not be something that is rushed through on the eleventh hour. There was talk abaut what happened in 1975, but in all the years since that tlmes khere have been What you call an Hagreed bill processr'' where business, where labory where leglslators Democrat and Republicans from al1 -- both sides all came together to come out with a product. It was nothing rammed throughg even though Democrats did control the House, even though Denocrats did control the Senate. But the Democrats and the Republicans sat down and tried to work out the problems. As 150  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23r 1995 listened to Ehe learned colleagues on this side of the aisler as we talk about the alcohol. I notice you had a party last night. And I'm quite certain that some of the Members may have had some alcohol beverages. And being good, studious Workersr they probably came back here, some of them, and -- and worked this piece of legislation. Now if they drank aE *he party -- if something kas wrong here at the Capitol and they slipped and they hurt themselves, they 're on their baek and would have been lneligible for any workmen's compensation. It's terribly unfortunate. Folicemen work on a twenty-four-hour-a-day basis. They could be out with thetr family; they could be drinking. And they could spo: a robbery - a policeman. And in trying to stop that robbery, he gets injured. Automattcally - automatically - he would be denied any benefits just because he happened to be drinking' he or she. It's very unfortunater but this is *he Wake-up call to every Working person in the -- in Illinois. And some of them nade mistakes. Some of them mistakes. They even made contributions to you. They even voted for some of youz not knowing -- not knowing that you're were going to do What youfre attempting to do to them. So the vote on this issue ls the most political vote Ehat Wtll happen during this Session of the General Assembly. It will happen during this Session because what you are doing, you have told them , ''We don't care what you think. We don't care how you feel. We don 't care whether or not you 're injured or whether or no* you'll be treated fairly. A1l We want to show you is that we have the power. There 's more of us than there are of them.'' And you're goin: to ram this down their throat. BuE it's dark outside. It's ni:httime. But -- I guarantee you, What is done in the dark shall comg aut in the light. And when the people of Illlnois realize what has happened to khem, theydre gotng to soundly reject you come nexE year. I urge a No vote on this bill.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislatlve Day May 23: 1995 PRESIDING OFFICER: (SENATOR MAITLAND) J That concludes our speakers. Senator Cronin, to close. I I

Thank you very muchr Mr. President, Ladies and Gentlemen pf the Senate. There was an issue ralsed about drugs an alcohol, and let it be clear that Nhat this legislation provldes -- aside from the rhetoric, drugs and alcohol is a safety issue. We have established a policy here in this bill that drugs and alcohol have no place in the workplace. And in those limited circumstances that are pointed out in some of Ehese rare events that may occur, we have provided that there is only a rebuttable presumpticn. There's just a presumption, and then the injured worker may provlde khat the alcohol or drugs had no connection to the knjury. Yeah, we want to protect the worker that might be hft by the front-end loader driver, or the quy that sits below the -- the worker up high on the beam . ïeah, we want to protect the :uy that may be hurt as a result of someone else who 's under the influence of drugs or alcohol in the workplace. There's been sone complaints about whether or not labor was invited and participated. Labor did participate. There is a very significant provlslon in thls bill that is supported by the Laborers' International. It provides for a pilot program for a dispuEe resolution mechanism that provides that reasonable people may agree to resolve their differences outside the process that we have known. That's in the bill, and labor supported i*, an inportant, significant labor organization. The cap on PPD - there's been a 1ot of rhetoric from the other side of the aisle. A1l of you know or should know that there was -- durin: the agreed bill process - the almighty agreedbillprocess-thereWasa j freeze on the PPD rate in Ehe '80s. There was a Khree-year i freeze. The issue about the Indiana worker and what this provides I I for workers who should work or who are going to be attracted to I l52 . , ï  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 work ln Illfnois or Indiana - if the Indiana worker works principally in Illinois and this is where the injury takes place, he may -- he may pursue his remedy in Illinois. But if an Illinois company doing business in another State and then injury occurs ln another State, then they ousht to pursue the remedies in that State. We think thatfs fakr. The written notice - much has been said about it - I don't think Eherels a clear understanding of this. This is an effort to expedite the process for the truly injured people, and if they can't give noticer if theydre unconscious, then they don't have to give written nokice, and the b1ll says that. The remarks that were made by one of our colleaçues from the other side of the aisle about the nine-and-a-half-year limit for the twenty-five year old, then he's on public aid - that couldn 't be more incorrect and diametrically opposed to what is in the bill. He's talking about the five-hundred-week limit, and that five-hundred-week linit is only for partial disabilities. Permanentr partlal disabillty is a lifetime beneflt, for a hundred years. The medical records issue - complete medical records are available now. Anyone who practicgs ln that environmen: knows Ehat they can g9* those records, subject to a 1ot of lttigation costs and administrative haggling. We think we've provlded a mechanism to save costs and protect confidentiality. The bipartisan complaint - you kncwr Ne believe that *he current sysEem needs to be changed. It dcesn't make a 1ot of sense to actively pursue input from people Who don't want to change the current system . And the U and C definition, in response to one of my colleagues on the other side - the ''usual and customary'' fee is the amount charged for a service or supply that is medically necessary to diagnose or treat an injury or illness. Tbe fee is determined by taklng into account these amounts for stmilar servlces or supplles provided in that I I geographic area and shall be updated annually. That is I 153 E . t '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23e 1995 codification of current law. We've taken it a step further to contain costs and we have established legislative intent that the term ''charged'' in this context means the typical fees paid. This ls a fair bill, and think it's fair as evidenced by the fact that nobody's happy. The management and employers' qroup didn't get everything they wanted. If there ls a sin that was committed in presenting and drafting and negotiating this bill, the sin that I as a sponsor may have committed: is that we tried to do -- we tried to do something fair. Nobody 's happy. respectfully suggest to you that this is a fair bill. ask for your favorable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is: shall House Bill 838 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 vcted who wish? Have a11 voted who Wish? Have a1l voted who wish? Take the record, Mr. Secretary. On that question, there are 32 Ayes, 27 Nays, no Members voting Present. House Bill 838, having received the required constituticnal majorityr is declared passed. Senator Dillard: for what purpose do you arise, sir?

Thank you, Mr. President. Having voted on the prevailing side, Would move that We reconsider the vote... PRESIDING OFFICER; (SENATOR MAITLAND) Senator Senator I -- I am very sorry. I -- Senator Demuzio, for what purpose do you arise, sir?

Thank you, Mr. President. We 'd like to have a Verification of those who voted in the affirmative. PRESIDING OFFICER; (SENATOR MAITLAND) Senator Demuzio has requested a verificaEion of *he affirmative vote. Will a11 Senators be in their seats? Mr. Secretary, read the affirmative votes, please. l54  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Leglslative Day May 23r 1995

The folloving voted ln *he afflrmative: Barkhauseny Burzynskir Butler, Cronlnz DeAngelisr Dillardf Donahuef Dudyczy Fawell, Fltzgerald, Geo-Karis; Hasara, Karpiel, Klemm, Lauzen, : .. I Madigan, Mahar, Maitland, O'Daniel, O 'Malley, Parker, Peterson, Petka, Raica, Rauschenberger, Sieben, Syverson, Walsh, Watson: I 1 Weaver,Woodyard,andMr.President.

PRESIDING OFFICER: (SENATOR MAITLAND) 1 ! Senator Demuzio, do you question the presence of any Member?

Senator Dudycz.

PRESIDING OFFICER: (SENATOR MAITLAND) SenaEor Dudycz is ln his chair.

Senator Watson.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson is in his chair.

Senator Donahue.

PRESIDING OFFICER: (SENATOR MAITLAND) She is in her chair.

Senator Raica.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica? Senator Raica's in his chair.

Senator DeAngelis. I

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngells is in his chalr. On a verified roll call, the Ayes are 32r the Nays are 27r no Members voting Present. And House Bill 838, havin: received the required constitutlonal I majority, is declared passed. Senator Dillard. 155  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

Thank you, President. I'd like to renew my motlon: Having voted on the prevailing side on House Bill 838, that we reconsider its vote.

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

Thank you, Mr. President. I move the motion to reconsider 1ie on the table.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley moves that the motion to reconsider be tabled. A1l those in favor: say Aye. Opposed, Nay. The Ayes have it, and the motion ls tabled. Ladies and Gentlemen, Supplemental Calendar No. 2 is being distributed to your desks. We 'll be going to that order of business. Senator Philip, for what purpose do you arlse, sir?

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Just to wish a old friendr an old-timer, a happy birthday. May 23rd is Senator Weaver's ninetieth birthday. He's getting meaner, more cantankerous, more obnoxious as he goes along, but he 's a great guy. We a1l love hlm. He's running for re-election. thought I Would make the announcement tonight. He will be the oldest Member of the Senate. But, Stanley, it's great tc have you here. Try to stay awake for the rest of the proceedings.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weavery Happy BirEhday. Messages.

A Message from the President. Dear Mr. Secretary - Pursuant to *he provisions of Senate rule 2-l0(e), hereby extend the deadltne for final action on the 156  STATE OF ILLINOIE 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 56*h LegislatLve Day May 23r 1995 I following category of billsr wlth specific bills enumerated under I this category, to May 26th, 1995: Appropriations - specifically House Bills 803, 809, l 1016, 1018 and 1083. . I Filed,May 23rd, 1995,by Presiden: Philip. 1

PRESIDING OFFICER: (SENATOR MAITLAND) Message 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 wlt: Senate Bill 100r together with the following amendmentsy wbich is attached, in the adoption of Which I am instructed to ask the concurrence of the Senate, to wkt: House Amendment 1. We have like Messages on Senate Bill 465, Wlth Hcuse Amendment 17 484: with House Amendment 17 485, with House Amendment 17 and 906, with House Amendment 1. All passed the House, as amended, May 23rd, 1995.

PRESIDING OFFICER: (SENATOR MAITLAND) Committee Reports.

senator Cronin, chair of the Committee on Educatlon, reports House Bill 206 - the First Conference Committee Report Be Approved for Consideration.

PRESIDING OFFICER: (SENATOR MAITLAND) A1l right. Ladies and Gentlemen, top of page 13 on the Order of -- of Consideration Postponed, is Hcuse Bill 2401. Senator Hasara. The bill has -- the bill has been read a third time. Eenator Hasara. SENATOR HASARA: I 157  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Thank you, Mr. President. I think When 2401 was calledy there was some misunderstanding about lntergovernmental agreements wiEh the Illinois Etate Police. Thgse ar9 only on request of another agency, and also think some of thç points with the Kickstart Progran, hopefully, have been cleared up for some of the Members. Be glad to answer any questions and would ask for a favorable roll call.

PRESIDTNG OFFTCER: (SENATOR MAJTLAND) Is there discussion? Is there discussion? Senator Demuzic .

Mr. Presidentr can you tell me where we are?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator, I -- I did -- I did tell you where we are. We are on the top of page 13, Consideration Postponed, House Bill 2401. made that announcement: sir. I will allow one -- one proponent and one opponent to speak on the bill. Senator Shadid, for what purpose dc you arise, sir?

Would the Senator yield for a question?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she Will yield, Senator Shadid. SENATOR SHADID) Senator Hasaray the last time it was brought up I asked you if this includes the opportunity for State Police to do contract policing wlth municipalities. Is that still in there?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara.

I -- I was told by the State Police that they cleared that up with you, Senator. No, it does not.

PRESIDING QFFICER: (SENATOR MAITLAND) senator shadid. l58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995

Well if it's not in the bill, in the lawp T was told it was going to be cleared up - the intention - and it was going to be very clear that the State Pollce cogld not be in the buslness of contracting police services with small communities. And if that's that's not in there, I cannot vote for the bill.

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

I'd just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR MAITLAND) The question isr shall House Bill 2401 pass. Those in favor will voee Aye. Opposed, Nay. The voting is open. Have a1l voted uho Wish? Have a11 voted Who Wish? Have all voted who wish? Take the recordr Mr. Secretary. On that question, there are 47 Ayesr 11 Nays, nc Members voting Present. House Bill 2401, havlng received the required constitutional majorityr is declared passed. Ladies and Gentlemen, We Will be going now to the Supplemental Calendar. Supplemental Calendar No. 2 that has been placed on your desk. On Supplemental Calendar No. 2 is House Bill 1853. Senator Dillard.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. We discussed and debated this bill earlier today and there were a number of Members who were Working on the budget and other matters and were off *he Floor, and it fell one vote shor*. JusE very qulckly, this a bill that I believe brings sunshlne and some good ethic -- ethics policy the Office of the State Treasurer in Ehe way we make our investments in the State of Illinoisr and brings sunshine to link-deposit type of programs. It's a good billz and I'd be happy to answer the one person on the other side's questions, if there is such a thing. It had a healthy 159  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 debate this afEernoon. I'd appreciate a favorable roll call now that wefre a1l here.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins.

Yes, thank you. This bill was not a good bill when we voted on and it was defeatedr and not a good b11l now. This bill still has the Inspector General in it, which does not follow the same process by which We select inspector generals for a1l of the other departnents. And we just feel that we shculd not do this at a time. also codifies an existing position that this particular officer has already taken upon herself to fill, and this is what we call pinstriped patronage. We ought not to do We lre talking about downsizing government. We don 't have the money. And I -- I'd just ask the people on this side of the aisle to vote against

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

Thank you, Mr. Presldent. Letls, again, 1et *he people of Ehe State of Illlnois know what the lnvestment policy for their six billion dollars of tax money happens to be, and letds bring a little sunshine and see, in a published fashion, whether gifts of money are made to the Treasurer's Office for link deposits and those types of services. I'd appreciate a favorable roll call. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAKD) The question isy shall House Bi11 1853 pass. Those in favor e1ll vo*e Aye. Opposed, Nay. The vo*ing is opgn. Havg all votgd Who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record, Mr. Secretary. On that questionr there are 33 Ayes, 20 Nays, 6 Members voting Present. House Bill 1853, having 160  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23y 1995 received the required constltutional majorityr is declared passed. Senator Demuzio, for whak purpose do you arlser sir?

just have a parliamentary inquiry. We went to the Order of Motions in Wriklng to Reconsider the Vote. We never did reconsider the vote. We just voted on final passage of the bill. Ohk I'm sorry.

PRESIDING OFFICER: (SENATOR MAITLAND) We are now, Senator Demuzio, going to Motions in Writing to Reconsider the Vcte. House Bill 320. Senator -- Senator DeAngelis. Read the motlonr Mr. Secretary .

Having voted on the prevailing side, I move to reconsider the vote by Which House Bill 320 Was passed. Filed by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Having voted on the prevailing sider I move to reconsider the vote by which House Bill 320 was passed.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelisr having -- having voted on the prevailing side, moves to reconsider the vote by which House Bill 320 passed. Those favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have all vcted who Nish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there are 24 Ayesr 32 Naysr no Members voting Present. The motion fails. right, Ladies and Gentlemen. Bottom of Supplemental Calendar No. is Conference Committee Reports. Hcuse Bills 206. Senator O 'Malley. Read the bill, Mr. Secretary.

l6l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th LegislaEive Day May 23r 1995 First Conference Committee Repor: on House Bill 206.

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

Thank you, Mr. President. Conference Committee Repcrt N1. to House Bill 206 is before the Body. I would as the cosponsor of this legislation, I would like Eo yield Ehat the -- the beginning of the presentation of it be -- be done by Senator Watson: with your permission.

PRESIDING OFFICER: (SENATOR MAITLAND) A1l right. A1l right. A11 right. Senator O 'Malley has requested that Senatar Watson join him in presenting the bill. The Chair will grant that privilege. They w111 indlcate to me Which one of the Senators will make the... Senator Carroll.

Why, thank youz Mr. President. appreciate the courtesy, as always. Does that mean then that we can yield time and is thls qoing to be the provision of the Chair? Since the Chair is allowing the yielding of tlme in one instance, Will be allowed al1 instances?

PRESIDING OFFICER: (SENATOR MAITLAND) The answer is no.

Thatls fair.

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

Yes. Thank youy Mr. Presldent. This is Conference Committee Report No. l to House Bill 206. We had a lengthy debate in *he EducaEion Commlt*eê hearing We had a lengthy digcussion in the Educatlon Committee ln Roon 400, about a two-and-a-half hour discussion in regard to the Conference CommitEee ReporE. We heard l62  STATE OF ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23y 1995 from witnesses; we heard from committee Members. Everyone was given an oppcrtunity to express their concerns and questioned those who witnessed or those who sponsored this particular amendment. We açe abolishing the current fifteen-member Chicago Board of Education and creating a five-member Chicago School Reform Board of Trustees to assume control of the school system for the next four years. The Maycr must appoint What we would call the Super Board within thirty days of the bill's effective date. The Mayor should also designated one mayor Ksic> of the super Board as presldent. We give conslderable power and authority to the Board. It directs them to improve the quallty of the educational services, reduce the cost ef noneducational services, develop a long-term financial plan, streamline and strengthen the management, direct accountability efforts, enact policies that ensure *he system will operate in an efficient and ethical manner, establish withln sixty days of the bill's effective date a Local School Council Advisory Board, establish organizational struckures and provide for such other local school council advlsory couneils as deemed necessary. The powers and the authority of the School Finance Authority are suspended over the next four years. The School Finance Authority would remain in place to continue paytng off the bonds; howevery they would be suspended over *he nex: four years. The Inspeetor General ls -- is temporarily moved under the Super Board. After four yearsr the Super Board will then be replaeed by a seven-member Board of Education appointed by the Mayorr and the Sehool Finance Authority then would assume tts full powers back againe and the Inspector General is transferred back. Subdistrict councils and superintendents are abolished under this provision. I'd like for the next portion of the legislation to be yielded to Senator O'Malley. PRESIDING OFPICER: (SENATOR MAITLAND) 163 ' t  STATE OF ILLINOIS 89TH GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Senator O'Malley.

Again, thank you, Senator Watson, and thank youy Mr. President. The educational management and accountability provisions of this legislation include the following: Gives principals the authority to direct, supervise. evaluate, hire and discipline all employees of the school, including the authcrltg to direct any third-party contractors assigned to the schcolr and they are given sole authority to set school hours and schedule staff. Principals are given exclusive authority to evaluate engineers and food service managers and those enployees are not allowed to appeal unsatisfactory evaluations. The teacher dismissal process is streamlined. It allows the general superintendent, or CEO, to initiate charges against teachersr rather than the full Board. It establishes time frames for the completion of disnissal hearings but provides that the Board will not lose jurisdiction over the dismissal those time frames are not met. 1* relieves the Board of the burden cf issuing written warnings to teachers or principals whose conduct is cruel, immoral, negligent or criminal, or Which in any way causes psychological or physical harm to a student. The remediation process streamlined for teachers receiving unsatisfactory recommendations. Reduces the additional remediation period beyond *he initial forty-five days from one year to six years. Requires evaluations to be completed no less than ten days after the conclusion of remediation. Reserve or supernumerary teachers are abolished . Allows Chicaqo to use noncertlfied staff for any library duties and for school-spcnsored extracurricular activities. Requlres the Board to create a Chicago Schools Academic AccountabiliEy Council to direct school accountability efforts. The budget for the Council is to be set by the Board and paid for out of available scurces. Establlshes a pilot program of  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 intervention in under -- under-performing schools. Allows the Accountability Council to recommend interventicn to the Board. Before lnstituting intervention, the Board must hold a public hearing apd evaluate a11 employees at the school. After considering the evaluations, employees may be retained, reassigned, laid off, or dismissed. The system CEO or superintendent will appoint a princlpal who is empowered to select all staff. Five percent of the schcol's Chapter I monies must be used for employee performance incentives. At this time would yield on the financial issues to Senator Watson.

PRESIDING OFFICER: (SENATOR MAITLAND) Senatcr Watson.

Yes. Thank you, Mr. President. We appreciate the -- the Bcdy 's allowing us present this jointly. a long narrative We have here, and kt's a pretty substantkal provision. But in the area of finances, we authorize Chicago for the next four years to - - to receive some of its State funding through two block grants instead through categoricals. The following programs are collapsed into a -- What we would call a ''general education'' block grant. K through 6, arts planning, School inprovement support, urban education, scientific literacy, substance abuse prevention, second language planning, staff development, outcomes and assistance, k through 6 reading, truant dropout optional education: Hispanic programs, agriculture education, gifted education, parenEal traininge prevenkion initiativee report cards, and criminal background checks. All funds disbursed under this block grank may be used by *he Board for any lawful purpose. The second educational serviee block grant Will conGist of the bilingualy pupil transportation, free lunch and breakfast, preschool education: speclal educationr summer schoolr educational service centers, and administrators academy. Chicago is not 165  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 relieved of any obligation to provide the services required under the program included in this block grant. think that's an important concept and some of the concerns that we have comin: from the communlty of Chlcago revolves around Ehat mandate and that concern. Guarantees that local school councils receive no less than two hundred and sixty-one million dollars in Chapter I funds each year. This does not necessarily mean that -- that the Super Board could not raise that level. Chicago's property tax levies would be collapsed into one, sin:le operating levy, and this would give Chicago a 3.07 percent operating tax rate by collapsing these various rates: education, which is 2.117 special education at .04) agriculture-science schoolr .022 textbooks, playgrounds, .082 buildings, .457 pensions, .26. The State's appropriation to the Chicagc Teachers' Pension System will continue. Now this not a mandated nor statutorily requirement that is required of the General Assembly to make a sixty-two nillion dollar contribution to the Chicago Teachers' Pension System . We have done this in the past. History has proven that this is something we should do. We feel obligated, but we also feel that that should go directly to the pension system , and w11l - sixty-two million dcllars. We also put provisions in there that would allow the Chicago Teachers' Pension System to gc to the ninety-percent funding schedule level Ehat was esEablished by Ehe legislation we passed durin: this last Session, last year, in the other pension systems in this State. This protects the financial credibility of the system and will be done by the year 2045, just as the other systems are being asked. Senator O 'Malley now Will continue with the collective bargaining chanqes and privaEization.

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

Againy thank you, Mr. President and the Members of the Senate 166  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23: 1995 for your indulgence. The eollective bargaining changes and -- and privatization pravisions of the legislation include *he following: It places an eighteen-month moratorium on school strikes in Chicagor and -- and the Board would not be required to submit to a binding dlspute resolution process. It prohlbits certain subjecEs from collective bargaining agreements for educational employers in Chicagor including Ehe Chieago public schools and the Chicago city colleges. Some of those areas ehat are in questicn would be decislons involvin: charter schools, decisions to determine class size, staffing and assignment, academic calendar, hours and places of instruction, pupil assessment policies, and declsions concerning the use and staffing of experimental or pilcE programs. The Board will also be allowed to enter into collective bargaining agreements up to four years and privatization contracts up to five ypars. Various statutory language inhibiting privatizatlon with the school system is eliminated. Allcws the Board to 1ay off employees replaced because of privatization upon fourteen days' written notices -- noticer and allows for waiver of any provision in any employee contract, including salaries and benefits, upon a fifty-one percent vote of the affected employees. -- again, I will yield to Senator Watson to complete. There are some miscellaneous provistons that remain.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Watson.

Yes. Thank you. We change the fiscal year for Ehe Chlcago public schools to begin June -- well, actually they will from september 1st, 1996 Eo June 30*h, 1997. This will mirror the oEher school calêndars throughout the State. It authorizes the Inspector General to lnvestisate Board and LSC members and public commission projects. It mandates three days of training Cor a1l new loeal sehool council members. This will be coordinated by the 167  STATE OF ILLJNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 Chicaqo Area Deans of Education, and there Will be no cost to the State or to the Chicago public schools. It enacts whistle-blower protections. Prohibits former Board members from working for or contractln: with the Chicago district for onê year after they leave the Board . It directs the State Board of Education to develop strong conflict-of-interest and disclosure forms for the Board and local school council members. Provides for four-year staggered Eerms for local school council members, beginning with the eleetion in the spring of 1996. Require principals to share internal audit information with local school eouncils and gives local school councils the powers to approve receipts and expenditure for al1 internal accounts. And it requires the Board to develop a policy to prevenE nepotism ln hiring of personnel and the selection of contracts. Mr. Mr. President, thank you for giving us the opportunity to make this presentation. We will noW open ourselves eo questions.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Is there discussion? Once aqainr Ladies and Gentlemen, the tiner will be on. I will be asking you to bring your remarks to a close, cnce the time has expired. Senator Weaver.

.o. previous question, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) Senakor Weaver moves th9 previous question. There are there are thirteen speakers with their lights on at Uhis partlcular point in time. Senator Garcia. Senator Berman.

Thank you, Mr. Presidenk. Let me touch very quickly on a couple of points and really talk in summary about what the -- What the problem is With this proposal. Al1 wefre doing here is changing a structure. We are not addressing education. We are not 168  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 addressing the needs of children. We are not addresslng the 1 funding needs of the Chicago school system. What We are doing is changing a structure, and there is no guarantees at al1 that the i ' structure is going to translate to better education. Senator Cullerton ls going to talk about the impact to the pensioners and the pension fund in Chicago. What we are dolng here is to change a system which will shift the power of appointment from the Mayor and the City Council to the Mayor only. And there's really no qualifications required of this new five-person Super Board. It could be anybody. And there's no limit or floor as to their salaries. There is no balanced budget requirement. Por -- for flfteen years, Chicago has had a balanced budget requirement. That is eliminated by this bill. So what you find is that a1l the State money that comes in categorical grants is going to be put into tWo block grants. A11 the property tax levies are going to be merged together, and there's going to be no balanced budget. What does all that mean? It means that without additlonal money from the State, what ycu're going to find is that Chicago schcols are going to get deeper and deeper and deeper in the redr and that at the expiration of four years, when they have again a balanced budget, when the School Finance Authcrlty comes back in place, we're going to hear al1 this talk about how did they get into all this red ink. Wefre going to get into the red ink because the State is reneging on îts commitment to Eour hundred and ten ; thousand children. It's reneglng on its commitment to fund education. It's reneging on its commikment Eo be fiscally responslble, and it's repealing these klnds of provisions in this bill. This bill is punitive - puniEive - to the Eeachers and other uorkers in thig gystem . Chicago hasn't had a teachers' strlke for seven years. There 's no many school districts that can say this in Illinoisr but Chicago is being inposed with an eighteen-month teachers' sErike ban. Why? Just to prove a point, l69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 56th Legislative Day May 1995 not because -- based on any history . There are there's a a threshold regarding Chapter There is no guarantee that the required increases that are going to -- going to come about because of increased poor children ise in fact, going to be funded at the local schools. There's a floor...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Berman, bring your remarks to a close, please.

thought I would have the same amount of tlme that was glven to explain the bill, Mr. Chairman. I would ask for a little leeway, Mr. Chairman -- Mr. President. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Proceed, Senator Berman.

Thank you. The Chapter money is pegged at last year's appropriation. There are projections cf twenty million dollars more next year. That's not guaranteed to the poor children. For another ten million dollars the following yearr no guarantee to the poor children. So there 's a floor which will really be a ceiling because ehere's no keeway, and those poor children are going to be denied their money. I've got a bill -- a letter here from the Civlc Federation Khat polnts out that a change in the fiscal year is going to ccst Chicago slxty million dcllars. Thls is from the Civic Federation. It's not from the Chicago Teachers ' Union; it's not frcm Democratic legislatcrs. It's from the Civic Federation. But there were no open discussions, Ehere were no open meetingsr there Was no involvement by Democratic legislators from elther the House or the Senate in putting this bill Eogether. The Governor's Office admitted that; the Members on the other side of the aisle admitted that. Shame on us. Shame on us. Is this the way that we carve legislation that's going to affect my constituents, their children, withouE any inpu: from Ehose  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 people's elected leglslators? I 'm embarrassed by this process' as relates to the chlldren in Chicago - four hundred and ten thcusand of then - that affect -- that attend Chicago public schools. There was no input from any elected officials, neither legislators nor the Mayor. They ueren't invited to the Governor's Office. None of us were invited to any of the discusslons until o'clock today, when we see this bill that isn't even allowed to be amended. That's just touching on The process is -- is irra*ional. It stinks. This bill doesn't address the educational needs of Chicago. I urge a No vote.

PRESIDING OFFICER: (SENATOR MAITLAND) PurEher dlscussion? Senatar del Valle. SENATOR dEL VALLE: Thank your Mr. President. I'd like to stark out by saylng that thls is the most irresponsible piece of legislation affecting education that I've seen come before this Bcdy in the eight years that I've been here. Senator Berman said that there was no partlcipatton from our side of the aisle in this pracess. As a Member of the Senate Education Committee, I resent the fact that we Were not allowed to participate and that we were handed this amendment Eoday just a few hours ago. Now, for those that are saylng, ''We11: this is only for Chicago r'' and for those who are saying, ''Yes, thls does affect collective bargaining, but only affects Chlcagoz'' 1et ne tell you that one legislator, one Senator in the committee, said that his school district would kill for these -- for these provisions. And so I think iE's no secreE that we begin with Chicago and we move throughout the State after this. And I suppose it's a1l done in the name af flexibility. heard that word used many times today. But I think you've added a new meaning to the word ''flexibility''. think to you flexibllity means escape from responsibility, because that's exactly What you're dclng with this bill. You are ateempting and you -111  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 probably succeed in escaping from your responsibility to public schools the State of Illinois, beginning with Chlcago . This bill, once again, six years after we passed the last school reform bill for Chicago that was revenue-neutral, this bill, once again, provides not one, single cent for the Chicago publlc schools. This blll, once againr will affect Chapter Five, six years ago, we promised the schools that a year ago, they would end up with a hundred percent of the Chapter funds, but we took thirteen million dollars last year and the year before, and now we're saying that they'll never - they'll never - see that money; yet, Chapter has been the lifeblood of schocl reform in the City of Chicago. We are ramrodding a throughr a that some of you see as the albatross around the Mayor's neck. Some of you see this bill as the rope - as the rope - that the Mayor of the City of Chicago needs to hang himself. Well, you know, I have my differences with the Mayor of the City of Chicago , but when the Mayor of the City of Chicago ends up hanging himself on this issue, he's going to take four hundred and ten thousand children along with him . And I will not have that on my conscience. And my kids go to a Chicago public school. And let me tell you it was just two weeks ago that my sixth-grader sat just feet away fron a rcof that caved in and injured two childrenr schoolr but this blll says nothlng about the capital needs of the Chicago public schools. It says nothing about the one billion dollar plus of reconstruction and rehabilitation needs that the school has. It doesn': say anything about *he last time Ehat the State provided pennies to the Chicago public schools: '89 for renovation. This blll ls sllent on that. And we call it...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator de1 Valle... SENATOR dEL VALLE: ..- school reform; we call school accountability. I call it  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislakive Day May 23, 1995 irresponsibility .

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Collins. END OF TAPE TAPE

Thank you, Mr. President and Members of the Senate. too r have been this Body for the last nineteen years now, and I have seen any number of so-called measures on school reforms for the Chicago school system, but none of which - none of which have seen that have been more negative and offered the greatest possibllity for further erosion of the quality of education in the Chicago school system. Senator Berman mentioned the fact that this is about structural changes, and basically a1l that weive done here has been about structure changes that have very llttle or nothing to do with the quality of education. But Ehere are *wo provisions in this bill that I would say that will prcbably have a greater possibility for impacting in a negative way on the quality of care, quality of education, and that is the use of the Block Grant Fund and the use of thè consclidated taxes that was levled for special purposes in the City of Chicago. There's nothing so wrong with the consoltdatlon those levles, bu* there most certainly is something fundamentally wrong when you can take that money - this board of trustees Who is not accountable, not elected by the people at a11 - and can use khis money stated directly in the bill for whatever lawful purpose or for whatever means that they choose to -- to -- to use that money for. What this bill has  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION , SENATE QRANSCRIPT 56*h Legislative Day May 23, 1995 also done, what youlve done Eo *he Eeachers, have created an environment that at best is -- it is -- it is at best that you can expect cut of lt is insecurity and anxietyr and at worst, hostility, neither of which is conducive to positive -- a positive learning atnosphere for the children of the City of Chicago. And I heard the sponsor said that this bill was about children. No it isn't. This bill ts about polltics. This bill is abcut setting up the Mayor, as Miguel have said. This bill is to make Clinton look bad when he comes for the Democratic Convention. It has nothing to do with children, and you oughE to be ashamed of yourself and join with us and defeat it. A rightful death is where it should be. PRESIDING OFFICER; (SENATOR MAITLAND) Further discussion? Senator Cullerton.

Yes. Thank you, Mr. President, Members of the Senate. I'm just going to talk about one Section of the bill. Brief background: We have tWo pension funds that provide pensions for retired teachers in the State of Illinois - one for the Chicago publlc school teachers, and one for the rest of the State. The rest of the State - the Downstate Teachers - the employer contributton comes from us, the General Assembly, and in the City of Chicago, the employer conkribution comes from us, the General Assembly, and in addition to that, we have a property tax levy thae goes dlrectly lnto that pension fund . That's why the Chicago Teachers' Pension Fund is so strongy 'cause we have this additional mcney that goes in. It's -- the unfunded liability ratlo in Chica:o is about eishty-two percent. The DownsEaEe Teachersd penslon Fund liability, I think, ls at about fifty-eight percent. What this bill does is to allow for the next four years, a total diversion of that extra money Ehat's going into that pensionfund.NowrWedidthisafewyearsago,andthe Democrats ? l74  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 voted for ite and you voted against it. The Democrats voted for a slight diversion the -- of the pension money into the pension fund. And you know what happened? The -- there was a diversion of less than sixty-five mlllion. This bill allows for a diversion of sixty-five million for the next four years. The campaign literature that you guys put out against us Was, you dre taking money from the pocr, little, o1d retirees and you 're sending it lnto that rat hole: the Chicago public school system . Now the shoe is on the other foot. Now youtre proposing a bill that does the same thing. And the ironic thing isr ycu know where most of Ehese retirees llve? They don'k live in our districks. Theydve retired. Theyfve moved aut to *he suburbs. They live in your districts, and when this bill passes, theylre all going to be up in arms. They're going say, HWhat are you doing to our pension?'l And you can get up, Senator O'Malley, and you can say, ''We11, says right here by the year 2045, We'11 back to full fundingm'' They should llve so long. What this -- what Ehls bll1 says is this: We have a terrible problem the Chicago public schools. There's a hundred and fifty million dollars short, and they're going to go on strike, and we'll have four hundred thousand kids ou* of school. What are we going to do? I got it. Why don't we just let 'em borrow a bunch of money so they can go into debt, and then on the strike part, I know, we'll pass a bill that says they can't strike. That's the solution to the Chicago public school problem for this year. think it's a little shortsighted . I think that' once again' there's going to be some political ramifications with this btll just like the last, and I urge a No vote.

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

Thank you, Mr. President. To the bill: This is the latest of  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 this Body'sr particularly the othêr side of the aisle, and the Statels end run around its responsibility to its children who happen to live in Chicago. The tragedy of this that when first got down here, f watched and participated with Chicago 's people as they came here in good faith seeking reform, and they vorked especially kith your side of the aisle. And what this bill has done is to take Chicago people's rightful effort to reform schools and turned it against them . Teachers and local schcol councils who were supposed to be the centerpiece of reform, are now the enemye because there's going to be the whistle-blower feature of this. Then you've got an entire schcol staff that can be fired should the Academie Accountability Council decide that a schcol is not living up to its responsibility. Butr ho-ho, you have a Super Board which has the authority, but without any revenue, and you have the Academic Accountability Council' but you have capped the Chapter funds, which are the very lifeblood of hoW people -- the schools are able to have some accountability and to have some educational progress. So what we have here is a total reversal cf a11 that people came down here to get from you: and it ls a shameful and kerrible thing. And what makes it even worse ls tha: you had an opportunity to do better than this. We had a bill which had we passed it, Would have funded schools. We had a referendum uhich had passed, Whieh had bipartisan support, wculd have funded Illinols schools. But instead, we have chosen once again to put a bullds-eye around Chicago's neck and to shoot everything that this Body has against it. This is boomerang politicsr and I say aqain: What goes around comes around.

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

Thank you, Mr. President. I must sayr at bestr I'm confused on who -ill be charge of running the schools up ehere, the  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23r 1995 Chicago school system . We have a chief executive offieer, which doesn't really explain. We have chief fiscal officer. Does explaln exactly Who's in charge of tbe overall systen. And We have a chief educational officer. Does -- doesn't explain exactly whether he or she is in charge of the -- of the school. Or the purchasing officer, it doesn't explain that. But maybe in the next four years we can figure it out. But what I would like to say is that you call this reform, and you'll be back next year and talk about some more reforms terms of the Chicago school system. I've been here for a number of years, and every year since I've been here, basically you have talked about reform fcr the Chicago scbool system. But most of the time you haven't given them a dime. In this bill, you haven't given them a dime. You didn't even you you haven't even raised the tax ceiling where that the Board could get the money in this bill. But you're handing the Mayor of the City of Chicago a bankrupt syskem and tell him, NYou qot and you run with no moneyel' What is the -- what is the State's responsibility to the children of Chicago? What is the State's responsibility to -- to the children of Illinois? Aren't they entitled to some money to run these systems? Bu* you dre going to leave out of here and talk to your press people and -- and tell them to put a spin on it that we did something for the Qhicago school system, when you know full Well that you haven't give a dime to educate the children. What is the what is tbe teachers gcing to do when the prlncipal -- under this bill, when the principal tell them, say, ''We1l you've got forty children in your class''? You've taken the voice of the teachers who's teaehing the children, according to this bill. They have no say-zo in working conditions, under Ehls blll. This is a ridiculous bill, and you don't mean for the children of Chicago to get educated: as you don't mean for the chtldren of anywhere ln Illinois to be educated. You all should take this l77  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 bill back to Ehe drawing board, look at it again, and let's get some bipartisan support, and above all, you should have somebcdy that represents Chicago in the room with you when you write khe leglslation. I don 't understand. I don't understand that a11 of the downstaters have the better ideas for what's good Cor Chicago, and good suburbanites whc have great ideas, what's gcod for Chicago. If I attempted to do that tc your schoolsy you'd probably want to run me out of this Senate. And l urge you not to do this to the children, four hundred and ten thousand kids of Chicago. Let's do it over again, and let's do it right. Let's put some noney into the Chicago school system, Where the children can be educated . I urge a No vote.

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

Thank your Mr. President. I have scme questions for the sponsor.

PRESIDING OFFICER: (SENATOR MAITLAND) Jndicates they will yield, 6enator Karpiel.

Thank you, Mr. President. Senator Watson, has there been adequate input for the Legislature to assess these -- a1l of these issues?

PRESIDING OFPICER: (SENATOR MAITLAND) Sena*or Watson.

Yes. Thank you for that question. We appreciate the opportunity to respond, because obviously, there are some that dlsagree. Bu* *he record clearly shows that there's been -- normal legislative process has been followed, and that the Legislaturer the community and the reform groups are lncluded, and 178  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 numerous individuals and grcups that were involved in the drafting and consideration of this legislation. Examples of this are Representaeive Mary Lou CowlishaW 's Chicago Reform Working Group and the Senate Education Committee hearings. Accordingly, .the enactment of the Statute is responsible and rational.

PRESTDTNG OFPICER: (SENATOR MATTLAND) Further discussion? Senator Karpiel.

Yes. Thank you. Senator Watson, how do we -- or, hoW Would you respond to the claim that employees of Chicago are being unfairly targeted?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

Tt cannot be said that thls bill unfairly targets the employees of Chicago. The legislative classification here is clearly reasonable. The General Assembly finds that the state of eRergency exists the Chicaço public schools. These statutory amendments are based on the attendance needs -- or, the attendant needs of the Chlcago public schools are in accord with and the continuation of the 1988 Chicago School Reform Act, whlch by the Wayr Mr. President, was slammed down on our desk, in which we had an opportunity of jusk a few minutes to try to digest what was in that particular piece of legislaEion before it was crammed down the throats of the Minority Party at that particular tlmer Which happened Eo be Khe Republicans.

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

Thank you, Mr. President. want to salute the Chair for allouing Senator Berman and Senator de1 Valle to go over their time, for that respect that you have shown to my *wo colleagues 179  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 1995 there, will waive my time. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator Molaro. Senator Sieben.

Well, Ehank you, Mr. President. I simply stand and support the legislation. As a Member of the Senate Education Committee for the past three years, just share with the Members tha: this subject of Chicago school reform has been the subject of cur committee in many different hearings that we've had and many different issues that webve debated. So I'm a lietle surprlsed that the other side of the aisle wants to talk about this as some kind of a surprise that appeared on their desk at 1 o 'clock today. The actual language may have just appeared: but the substantive contenks of what welre talklng about here tonight has been subject of discussian for at least the three years that I've been a Member of the Senate Education Committee. I would also like to commend the sponsors for the work and the ttme that they dve put in on this bill, and also the Governor's Office. As We heard in our committee hearing tonight for two and a half hours, Mr. Grosboll shared with us the type of input that theyfve had on this legislation. Sor you nay find room to criticize the process of putting the language together in the billr but I really don't think there's any room for criticism of the opporEunity to provide input on this leglslation or the items that -- that appear in this legislation. There has been ample opportunity for input on thls legislation. also share that lE's klnd of amusing to llsEen to some of the complaints from the other side of the aisle. They 're strangely reminiscent of many of the arguments that we made on legislation when I Was over in the House for six years as a Member of the Minority Party over there. I Ehink it sounds like somebody's jusE replaying some of the tapes from those Sessions that we spent over there under Speaker Madigan's leadership . do l80  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 have -- Mr. Presldentr T do have one queskion for Senator O 'Malley for *he purpose of legislative intent, if he would yield for a queskton.

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

Senator O 'Malley, why does the bill's Section on prohibited subjeets of collective bargaining apply only to the Chicago School Board, Chicago Board of Education and City Colleges?

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

Thank you, Mr. -- Mr. President and Senator Sieben for the question. The severe educational needs of Chicago students are well known to this Body. These needs are acknowledged to be among the most pressing and difficult faeed in urban America, and both the Chicago Board Education and City Colleges have the responsibility of addressing the needs of Chicago students. There are also signlficant educational and financial links between the two districts. Large numbers of pupils who attend Chicago public schools subsequpntly attend one of the City 's community collegez some after graduation from the Educatlon Program. Addltionally, in recent years, as the Board has faced severe financial and budgetary problems, City Colleges has assumed increasing responsibility for varlous adult educatlon and vocational education programs previously provided by the Board of Education.

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

Thank you, Mr. President. just have one question of the Sponsor. PRESIDING OFFICER; (SENATOR MAITLAND)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 Indicakes he will yield, Senator Dudycz.

Senator Watson, does this bill -- or, does this conference commtttee report continue the primary foeus of Chieagc School Reform Ace of 19887

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

Yes. Thank you. The answer to that ts, absolutely. The primary focus of the 1988 Chicago School Reform Act Was school-based governance. Decisions as to the issues of special concern to individual schools were transferred to the school princtpals and to local school councils. The 1995 amendatory Ac* continues that focus, affording school principals the latitude in hiring they require ta institute change at the local level. Despite these changes, employees' rights continue to be protected in many respects by Statute and will be further protected accord with the rules and regulations of the Board of Education of the City of Chicago. The result is local autonomy and flexibility coupled with accountability. This Body has in its record a variety of educational authority supporting the soundness of this proposition. The authority was examined with the passage of the 1988 Chicago Reform Aet and with the passage this 1995 amendatory Act.

PRESIDING OFFICER: (SENATOR MAITLAND) Furkher discussion? Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. ff it wasn't sc funny, it would be rldlculous. To see these grown menr who live in the suburban area of the City of Chicago, out from Chicago, have nothing really of real monetary or logical or moral interest in the City of Chicago and its young people, stand 182  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day May 23, 1995 here on this Ploor - this augus: Floor, this -- the Senate, the House of Lords - and play. Do you not know that you are dealin: with the lives of young people, young people ye* unborn, young people whom we are looking forward *og to fiil these Chambers some day? And you are just playing. This is horrible that you would carry on like this. This is a serious matter, and you don't play with young people like this. And as it has been sEaEed, wha: goes around will come fround. The mills of the guards grind slow but exceedingly fine. Believe me When I tell you. And look to here, this -- how ludicrous this is. Even assistant principals will be removed from the Teachersf Union. What -- What's your rationale there? It dcesn't make sense. And you leave out of here and laugh and have a big ttme, and didn't we do it them, the City of Chicago . And these young people are begging fcr an opportunity in the City of Chicago, in the State of Illinois, and you don't care. got together and put a11 of this seuff together, and it's sad. And anything is all right for us. Welly we are elected by the people of the State of Illinoisr and we come here to represene then , and we're not playing. So until you give us something that's logical and sensible -- here you have here, that the -- let ne see: what -- this LA <sic> members; Ehey have to go to school for so many days and all af this, and then you have 1et me see, you have a - a head of the -- a1l these different heads here. Let me see here. You 've got ehief operating offlcer, a chief fiscal officer. You've got a ehief educational officer, a chief person. Whak ls a11 of this? This is not children. Qhis is not schcol. Then you talk about the incominq members of Ehe LSC will bê required to take a three-day training program within six months of taking office. This is ludicrous. We're dealing with young people. Nothing about the curriculum of them or how long that they -- what type of programs that yousll give them . You're talking about structure. And 183  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 56th Legislative Day Ma7 1995 vhat's -- you just don't do things llke khis, sir. And you should be ashamed of yourself. Xou Would not have it in your neighborhcod where your school -- young people is golng ta school. And We don't want it for the City of Chicago . They may not have al1 that you haver bu* theydre buman beings and theytre born in the tnage of God y and they 're entitled to a good ltfe . And we are here in this legislative Body to see ehat they get that, and that's What -- whereas you're standing up here playing. This is - - this is ridiculous. And this will qo ouE the newspaper. You should be ashamed of yourself. And I just have to say that to you, but fdm very sorry. Please, let's no* play with the legislation.

PRESIDING OFFICER: (SENATOR MAITLAND) And the final speaker, Senator Jones. (RIDNIGHT) l84  - we 'I X REPORT: TIFLDAY STZTE OF ILLINOIS 96/07/30 PAGE: 001 89TH CEVERAL ASSEHBLY 09:38:37 SENATE DAILY TRZNSCRIPTION OF DEBZTE INDEX MAf 2J, 1995 HB-0O32 RECALLED HB-0032 THIRD READING HB-0041 THIRD REâDING HB-0090 THIRD READIVG HB-0206 CONFERENCE H3-0301THIRD HEADING HB-0320 THIRD READING H8-0320 MOTION HB-0320 HOTION FILED H8-0385 THIRD READING HB-05VR THIRD REâDING H8-0652 THIRD REZDING H8-0838 RECALLED HB-0838 THIRD REâDING H8-0838 MOTIOK HB-12k8 THIRD READIMC HB-1#65 RECZLLED HB-1k65 THIRD READIMG HB-1M65 THIRD READIVG HB-1465 0UT OF RECORD HB-1M70 RECALLED HB-1k7O RECALLED HB-1470 THIRD READING HB-1470 OUT OF RECOPD H8-1523 RECALLED H8-1523 THIRD READIMG H8-1587 THIRD READING HB-1654 THIRD REâDIVG H8-1853 THIRD READIMG H8-1853 POSTPOMED COMSIDERâTION HB-2108 THIRD REZDING H8-2226 THIRD READING H8-2330 THIRD READING HB-2M01 POSTPONED CONSIDERZTION H8-2)29 THIRD READIVG :B-0Q50 CONCURRENCE 3B-0050 NON-CONCURREMCE SB-0063 COMCURRENCE SB-0077 COMCORRENCE SB-011k CONCURREMCE SB-0158 CONCURREMCE sa-O16# NON-CONCURRENCE sB-0165 CONCURREMCE SB-0169 CONCURRENCE SB-0210 CONCURRENCE SB-0231 CONCURRECCE 58-0265 NON-CONCURRENCE 58-0388 NOM-COMCURRENCE SB-04%3 CONCURRENCE SB-0509 NON-CONCURREMCE 58-0566 COMCURRENCE 58-0587 NON-CONCURREVCE 38-0623 COMCURRENCE SB-0717 COMCURRENCE 88-0831 CONCURREMCE SB-09k8 COMCURRENCE s8-0978 CONCURRENCE sB-1005 CONCURREMCE SB-11k0 COMCURRENCE sB-1140 NON-CONCURREVCE SB-1142 CONCURRENCE SB-1216 FIRST READIMG SR-0076 RESOLUTION OFFERED 5R-0077 RESOLUTION OFFERED U REPCHT: TIFLDAY STATE OF ILLINOIS 96/07/30 PAGE: 002 89TH GENERAL ASEEHBLY 09238:37 SEMATE DAILY TRZNSCRIPTION OF DEBATE INDEX MAY 23, 1995 SJH-0021 ADOPTED PAGE 100 SUBJECT HàTTFR SFNATE T0 ORDeR-8EN2TOR MZITLâND PAGE PRAYER-THE REVEREND ERNEST GERIKE PâGE PLEDGE OF ALLEGIANCE PAGE JOURNALS-POSTPONED PAGE COMHITTEE REPQRTS PAGE HESSàGES FROH TH2 HOUSE PACE HESSâGES FROH THE KCUSE PAGE COMMITTEE REPORT: PâGE SENàTE STàNDS âT EASE PAGE SENâTE RECGNVEMES P2GE MESSâGES FROM THD HOUSE PAGE SEMATE STANDS AT EASE PAGE SENATE RECOM7EME3 PâGE COMHITTEE REPORTB PZGE SEMâTE STZNDS IV RECES8 PAGE SENLTE RECONVENES PAGE COMHITTEE REPORT3 PAGE SENàTE STâNDS IN RECESS PAGE SEMZTE RECONVENES . PAGE HESSàGE FROH THE PRESIDENT PAGE HESSâGES FROH THE HOUSE PAGK COMMITTEE REPORTS PAGE MIDMIGHT PâGE