Illinois Senate Floor Debate — May 24, 1995

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson and O 'Malley r to ckose. Senator Watson.

Wellr thank you, Mr. Presldent, and good morning. The -- the first of Senator Smitb, gave a very emotional speechr and know she was very sincere in what she had to say. And I know Senator Smith well enough to know that -- that her concern for the kids comes first. But I just want to tell her that many of the provisions her, madam, and especially the one that you mentloned about mandatlng education or training for local school council members, comes from those very reform groups that are the trenches trying to make this system work. Reform is worklng in the City of Chicago. It truly is. Obviously in some cases, there are some problemss but there's an effort by a lot of people the front lines to make this uhole prccess go. So much of What ls ln this proposal is what they asked for. Not everyEhlng. And they don't support the bill whole, but much of What they asked for is here. You know, if was the Mayor. and here, I think it was Senator de1 Valle, or somebody -- somebody over there mentloned about giving the the Mayor a rope - lee hia han: himself with this rope. You know what the Mayor has? He has one of the greatest cpportunities that ever could be given to an individual, a tremendous opportunity to turn around a system in which many people feel has not necessarily failedr but needs repakr. He goknî to be given the responslblllty, the authority, to make those changes that will create the environment whieh we all want, and thaE's a quality education fcr the young people of Chicago the people that many cf you represent who,  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 1995 unfortunately, do not support this proposal. What an opportunity. wish he'd quit his whintng and just get to work and get down to tbe business of creating a quality public education system in Chicago . That's what wish he'd We qre gtving mcre authority to the people that -- need to have and that is the people of Chicago. The Super Board will be appointed by the Mayor. Who w1ll be members of thae Super Board? do not kncw. Obviously, they will be members who have the concerns of the young people of the City of Chicago. Obviously. We are giving them the responsibility, the authority and the flexibllity to get something done. We're interested in seeing the public schools open in August -- ory late August or early September, and that's What some the language here al1 about. I find tt ironic that in the two and a half hours, Mr. Preskden*, that we discussed this issue in the Education Commik*ee, kids wgre mentioned three times. Three times. Once by one of the reform group individuals, James Dean, and twice by Davtd Petersonr who represents the Chicago Teachers' Union. And throughout my years -- the last three years, anyway, in the Educatlon Committeer one thing I think that thts side of the aisle's been interested in and we 've tried Eo promote is what's in the best interests of -- better best interest of the kids. Ironically enoughr I think the message was received by those who oppose this particular measure, because every single one of them tonight on the Floor mentioned the kids, and that's a step in the rfghE direction, a step away frcm the special interests who have diceated policy year after year, generation after generation, in a system y Mr. President, who, unfortunately, has not produced the product that we al1 kould desire. So let's put the kids first. Let's do what's right for public education in Chicago and adopt Conference Committee Report No. 1 to House Btl1 206. And thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) 4  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislatlve Day May 24, 1995 Senator O'Malley .

Thank your Mr. President and Members of the Senate. Senator Watson and I talked brieflye as we were gekting ready to conclude our remarks, as to What he was going to say and what I was going to say. And of courser he said he was going to be brief, and I was going to make the closing remarks. And therefore - quess what? I might be lengthier. But I'm going to try and nct do that tonight. But I do think there's some lmportant things that do need to be said . One of the previous speakers from the other side of the aisle made some Nild allegations about penston funds. This side of the alsle fought to make sure that khe State dollars are going to go -- to the pensions Chicago, are goinç to go directly to the Pension Fund, right where Ehey belong. But I've also heard from other Members on the other side of the aisle, and always in the Education Committee, abouk how important and necessary is to provide as much financial flexibility as we possibly can for the Chicago public schools. So in the process, what have we done? We've given flexibility in this legislation, and with flexibility comes authority, and with authority, comes responslbility, Ladies and Gentlemen, and accountability. And so the people who be accountable for wha*ever happens vith the penston funds are on the Board and those who are appointed by the Mayor. Ladies and Gentlemen, the Chieago public schools are crisis and they have been for many years. The conditians that exist in tbe Chicago public schcols are drastic and they call for drastic acticn. That why this legislation is brought forward here. But this leglslaklon is not so drastic, as some mkqhk sugqestr to be considered punitive and that kt ks certaënly not ag - - as lrresponsible -- or, it is not irresponsible, as was suggested by some. There are, however, some things in the Chieago public schools that: my opinian, are punitive and they are  STATE oF ILLIs0Is 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 57th Legislative Day May 24, 1995 irresponsible. To summarize some of those: I would say they are these: that four hundred and ten thousand children in Chicago are receivlng a subskandard education, in spite of the fact that we're spendtng seven thausand dollars a year for each one of their educaticns; that four hundred and ten thousand children in Chicaqo are sent to schools where cgilings cave in on sixth-graders; that four hundred and ten thousand children are likely to graduate and be unable to read: write or add or subtract sufficient to get a proper job. And, Senator Smith, 1, too, Want to comment that I thought tbat your comments, your speech, was very movlng, and it came Ercm your heart and I know youire very sincere when you made your remarks. Senatcr Smith, I was raised in Chicago. I went te the sehools in Chicago, not all Chicaqo public schools; I went to parochial schooks as well. I represent Chicagoans. And guess What? I even own some real estate in Chtcago, so I pay taxes in Chicaqo. Does that qive me standing to be here? I'm going to tell you what: There isnft a Member of tbis Senate who doesn't have standin: to talk up and speak up for the kids of Chicago. beeause they need everybcdy that can possibly defend them. You, Senator Smith, and me, and the rest of us in this Chamber and in the Chamber across the way. You want your neighborhoods treated well. You want them treated as well as my neiîhborhood goes. Senator Smith, I share your feekings. I -- I share your compassion for those chtldren, because if your streets are gaing Eo be good, the streets that I represent, including the streets that I live in, are going to better -- be better streets r and Illinois will be better served as a result of it. I thank you for reminding everybody here -- and I don't really want to end up on a negative not.er but you -- you talked about people laughing or t.akin: this lightly. I can assure you I do no*. and I didn't hear anybody on this slde of *he aigle laughing when you were making your remarks. And I'11 ieave it:at kina:. T would ask yotl to 6 I . I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislatîve Day May 24, 1995 : pleaseconsidersupportingthislegislation. It's important for 1 the chlldren of Chlcago, Senator 5m1th. You lre absolutêly right.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall the Senate adcpt the Conference Committee Report No. l to House Bill 206. Those in favor Will vote Aye. Opposedr Nay. The veting is open. Have al1 voted who wish? Have all voted who Wish? Have a11 voted who wtsh? Take the record, Mr. Secretary. On that question, there are 33 Ayes, 26 Naysz no Members voting Presenk. The Senate does adopt the Conference Committee Report No. 1 to House Bill 206, and the bill, having received the required constitutional majority, is declared passed . Messages from the Houser Mr, Secretary.

A Message from the House by Mr. McLennand, Clerk. Mr. President - I am dlrected to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the followin: titlez to Wit; Senate Bill 718, together wlth the followlng amendmentr which is attached: in the adoptlon of which I am instructed to ask the conaurrence of the Senate, to wit: House Amendment No. 1. WehavelikeMessagesonSenateBill772,WithHouseAmgndment 1 1; Senate Bill 949, witb House Amendments l and 2) Senate Bill 1 I 274, with House Amendments l and 37 Senate Bill 907, with House : . I Amendment 17 and Senate Bill 1039, with House Amendment 1. Al1 passed the House, as amended , May 22rd r 1995.

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

Just on a inquiry of khe Chair. PRESIDING OFPICER: (SENATOR MAITLANDJ Yes, sir. l ! 7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislatlve Day May 24, 1995

noticed that we have ncticed ehat youdve extended the deadllnes on the -- on five appropriation bills - 803: 809, 1016, 1018 and 1083 to Friday the 26th. Our question, J guess 1s: is that we ve had a very short period of time to rev('ew b0th issues , that we discussed klnis evening , both workers f comp, as well as Chicago schools, and we were wondering whether or not We could get some commitment to a hearing on the thir*y-three-blllion-dollar budget, or at least twenty-faur-hour notice so that we might have the opportunity to review it. It seems ko us that perhaps ue're being posturized Qsic> here in order to simply to have a conference conunittee -- a conference com ittee y whereby klne Senate would have to concur and therefore Would not have to go to commiEtee. We'd like to lnave some assurance that there?s going to be a public hearinq on the budget.

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Demuzio, pursuant our rules: there will bg a hearing on the bills - the appropriation bills Appropriations Cotamittee . That 's our policy , and we '11 be dolng that . F'urther dlscuss ion? Senator Demuzio . SENATOR DEMUZJO) Could we ge* a commitment that we'd have at least twenty-four-hour notice to at least have the opportunity to have the bill tn our pcssession so that we might be able to review Thirty-three-billion-dollar budget seems to me to be a very lmportant matter, one of the prlncipal reasons tbat we are here, and We would like very much to have that -- that courtesy extended to this side of the aisle.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzio , as you know, the rules on on *hose amendments is one hour. We will do our best to make certain that thatls more than one hour. Is there further discussion to come  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCREPT 57*h Legislative Day 8aY 1995 before the Senate? If -- I'm sorry. Senator Karpiel, for What purpose do you arise, ma'am?

For the purposes of an anpouncement, Mr. President. know you dre al1 anxious to be there, but We are having a meeting of the Executive Committee tomorrow morning at 9:45 in Room 212. This mornin: at 9:45 ln Room 212. It'l1 be very fast.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Furthgr discussicn; notr Senator Hasara moves that the Senate stand adjourned untll 10 aam. Monday - - Wednesday, May 24th. Senate is adjourned. (SENATE STANDS IN RECESS) (SENATE RSCONVENES)

The regular Sesston of the 89th General Assembly will please eome to order. Will the Members please be at their desks: and our guests in the gallerles please rise? Our prayer today wkll be given by Pastor John Miller, Soukhside Chrtstian Church, Springfield, Illinois. Pastor Miller.

(Prayer by Pastor John Miller)

y1u please rise for *he Pledge of Alleglance led by Senator Sieben. Senator Steben. (Pledge of Allegiancer led by SenaEor fieben) ix PRESIDENT PHILIP; Reading of the Journal. Senator Butler.  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Leglslative Day Ma# 1995

Mr. President, move that reading and approval of the Jcurnals of Thursday, May 18th; Priday, May l9th) Sunday, May 21st; Monday, May 22nd ) and Tuesday, May 23rd: the year 1995, be postponed, pending arrival of the printed Jaurnals.

Senator Butler moves to postpone the reading and the approval of the Journaly pending the arrival of the printed transcripts. There belng no cbjecttons, so ordered. Commkttee -- Ccmmittee Reports. SECRETARY HARRY) Senator Karpiel, Chair of the Committee on Executive, reports Senate Resolution 69 Be Adopted.

Senator Weaver, for what purpose do you arise?

Thank you, Mr. President. I'd just like to remind the Membership that We have about thirty btlls on the Secretary 's Desk concurrence that have no motion filed. I would just urge the Body if they wish to move those bills, to get those motions filed because Rules Committee is not going to be meeting much longer. If you want to move then, get your motions filed .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Would all the Senators please come into the Assembly. WeIre ready to start. If you want to move your bills, you'd better get here. I'm happy to see Senator Jacobs make it. I'm calling for a11 the Senators. Please get into the Senate Chambers, as wedre ready to start. We're going Eo begin -- if can have your attention. We're -- we're going to begin, Ladies and Gentlemen of the Senate, on this brtght dayy on paqe 7 of today 's Calendar on the Order of Secretary's Desk Concurrence, Senate Bills. Senate Bill 46. Senator Mahar? Read read the motiony Mr. Secretary. LG  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day Nay 74, 1995

move to concur wëth the House in the adoptlon of their Amendment No. 1 to Senate Bill Piled by Senator Mahar.

PRESTDING OFPICER: (SENATOR GEO-EARTS) Senator Mahar.

Thank you, Madam Fresident. Thls ts and I don't want to belabor this point with the Body. This is the same version of Brownfields we passed two days ago, and the reason I'm ealling it today for another time is concerned that the eoncurrence -- that we're :cing so fast here that *he concurrence with tbe House on the House bilk may not occur this Sessicn. think this is an important inttiative to get to the Covernor's desk. It got 42 votes on a bipartisan basts two days ago, and would ask for, once again, a final tëme, to support me in this effort.

PRESIDING OFFICER: (SENATOR GEO-KARIS) This is final action. The questicn 1s, shall the Senate concur ln House Amendment l to Senate Bill 46. Those ln favcr, voke Aye. Those opposed uill vote Nay. Voting is open. I'm sorry. Well just trying to expedite a feW things. Any further dkseusston? Senator... It's open. The voting ls open. Have al1 voted who Wished? Have al1 voted whc uish/d? Have voted kho wished? Take the record. Qn that question, there are 32 votlng Aye, 25 voting Nay, 2 voting Present. This bill Ehis question -- the Senate does concur House Amendment l to Senate Bill 46, and the bkll, having received the requlred constltutional majority, is hereby declared passed. Who's asking for verification? Senator Berman: you lre entitled to lt. Senator Berman has requested a...

I request a verification of the afflrmative vote.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 PRESIDING OFFICER: (SENATOR GEO-KARIS) I I ! Al1 risht. Will all the Senators be in their seats. The Secretary will read the affirmatlve votes. ' ! SECRETARY HARRY: I I The followtng voted in the affirmative: Barkhausen: I I Burzynski, Butler, Croninr DeAnçelise Dillard, Donahuer Dudyczp Ralph Dunn, Fawell, Geo-Karis, Hasara, Hawkinson, Klemm, Lauzen: I Madlgan, Mahar, Maitland: O 'Malley, Parker, Peterson, Petka, I Ralca, Rauschenberger, Sieben, Syverson, Viveritor Walsh, Watson, Weaver, Woodyard and Mr. President. I ' I I PRESIDING OFFICER: (SENATOR GEO-KARIS) 1 . Does Senator Berman question any of the affirmatlve votes? l SENATOR BERMAN: l Senator -- Senator Burzynski. Senator Cronin. 1 PRESIDING OFFICER: (SENATOR GEO-KARIS) I S I enator Cronin? Is Senator Cronin in? Is SenatorCronln 1 here? Is he at the phone? Senator Cronin? Strike his name. I SENATOR BERMAN : l I I Senator Hasara. Oh, I see her. Thank you . Senator Madlgan. f 1 I PRESIDING OFFICER: (SENATOR GEO-KARIS) I I Senator Madigan? Senator Madlgan? Is he On the phone? l I Senator Madigan. Strike his name. 1 I I SENATOR BERMAN: 1 I I Senator O'Malley . I I PRESIDING OP I FICER: (SENATOR GEO-KARIS) 1 f senator O 'Malley. Senator OfMalley? Senator O 'Ma11ey? l j I fenator O 'Malley in the phone b00th? Strlke his name. I I I SENATOR BERMAN : I I I Senator Petka. I I 1 PRESIDING OFFICER: (SENATOR GEO-KARIS) I I I He ,s right in his seat. I SENATOR BERMAN: , 12 ' )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislatkve Day May 24, 1995 I see hlm . Thank you. Senatcr Walsh.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh? Senator Walsh? Senator Walsh? Strtke his nam e .

Senator Lauzen.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senaeor Lauzen? Senator Lauzen? Senator Lauzen? Strike his name .

Thank you, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Anything further, Senator Berman? On a verified roll call, the Ayes are 27, the Nays are 25, 2 voting Present. And this bill' having failed to receive the required constitutional majority, is hereby declared lost. Senator Mahar, did you wish Postpcned consideration?

I'd meve to non-eoneur.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Oh, sorry. Senatar Mahar moves Eo non-concur in House Amendment to Senate Bill 79 -- no, no 46. Senate Bill 46. All those in favor, say Aye. opposed, Nay . The Ayes have The motlon carrles, and the Secretary shall so inform the Hcuse. Senate Bil1... Senate Bill 130. With leave, wetll return to 130. Senate B;ll 141. Senator Woodyard? Read the -- the motion, Mr. SecreEary.

move to concur with the House in the adoption of their Amendment No. to Senate Bill 141. Filed by Senabor Woodyard.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 13  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Leqlslative Day MaY 1995 Senator Woodyard.

Thank you, Madam President, Members of the Senate. As you can see from the number of this billz it's beon around a long While. The qenesis cf this started when we enacted a Public Act which allowed the State Board of Educatlon to to actually adopt quidelines dealing With behavioral intervention. It became very obvious after those guidelines were adopted -- they even went before the Joint Committee on Administrative Rules and Were objected objected to by the by JCAR. The State Board of Education later -- rather, pulled back or rescinded those guidelines as a mandate imposed on the school systems of this Staeê. We introduced this January or February to try allevtate the problen of school systems dealing with behavioral intervention. There was a 1ot of opposition to this billr and quite franklyr I was very pessimistic that we Would ever be at a point of concurrence. With Senator Berman's help a 1ot of meetings wikh opponent advocacy groups, finally an agreement was reaehed in the House that ends up With now Senate Bill l41 Coneurrence. And basically removes the requirement that the local school districts must adopt behavioral intervention programs conforming to the guidelines. They may adopt them or they may choose their own. It changes the guldelines by which boards must adopt policies to January 1st of 1996. There ts another proviston in there that each of the students with -- and parents w1th IEPS must receive coples of the guidelines promulgated by the local school district. know no objectton to this concurrence at this time. As I saye I'm -- I'm quite surprised that we ever were able *o reach agreementr but we have and thls is a concurrence that I feel it's imperative for the school distrkets and the parents and khe students in this State to put on the Governor's desk, and I would ask your support in -- in concurrenee  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57*h Legislative Day May 24y 1995 on Senate Bill 141.

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

Thank you: Madam President. want to congratulate Senator Wocdyard for a -- a terrific task. The people on opposiEe sides of this -- this issue were were miles apart when we started . We got everybody around the table and kept them at the table, and I think this is a great example. Senator Woodyard, can -- can take this back home and lecture on this kind of a bill to his high school classes as to what requlred dlscussicn and mediation can accomplish. The -- the qroups like the Autism Societyr the Association for Retarded Cltizensy they're in suppcrt, just as are the management groups of the education facilitiesr and I urge an Aye vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? This is final action. The question is, shall the Senate concur in House Amendment No. to Senate Bill 141. Those in favor will vote Aye. Those opposed wlll vote Nay. The voting is open. Have all voted who wished? Have a1l voted who wished? Have al1 voted who wlshed? Take the record, Mr. Secretary. On this question, there are 59 voting Aye, none voting No, none voting Present. And this bill, havlng received the concurrence of 59 Senators and -- constitutionally right, is hereby declared passed. Senate Bill 150. Senator Klemm? Mr. Secretaryr will you read the blll.

I move to concur with the House in the adoption of their Amendment No. 4 to Senate Bill 150. Piled by Senator Klemm.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemm. 15  STATE OF ILLINOIS' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Leglslative Day May 24r 1995 I SENATOR KLEMM: I Thank you, Madam prêsident and Members of the Senate. House Amendment 4 Eo Senaee Bill l50 becomes the bill after adding the contents of Senate Bill 1122, which passed the -- Senate on a vote of 59 to nothing. It also gives school baards the authority to exerctse a1l that's necessary and proper for the maintenance and operatkon and devetopment of their scbools, provlded that this authority is not in eonflict with any provisions of the School Code, in that lt elarifies that this authority does not release school districts from any duty imposed by -- by 1aw risht now . Second provtsion allows school dlstricts, includin: Chicago, to utllize noncertified personnel for school-spcnsored extracurrieular activities, and it repeals some obsolete provisions in the School Code that is no longer needed or that the schools already are doing . And I ask for your support. PRESIDING OFFICER; (SENATOR GEO-KARIS) Any further dlscussion? Any further discussion? Any further discussion? Hearing none - thls is final action - the question is, shall the Senate concur in House Anendment l Ksic> to Senate Bill 150. Those in favor, vote Aye. Those opposed will vote Nay. The votinq is open. Have a11 voted Who wished? Have all voted who wished? Have all voted who wished? Take the recard, on that, Mr. Secretary. The Senate does concur in House Amendment 1 Isic> to Senate Bill 150, and the bill, having received the required constitutional majority, ts declared passed. Senator Weaver, for what purpose do you rlse, slr?

On a point of personal privilege, Madam President.

FHESIDISG OFFICER: (SENATOR GEO-KARIS) gEaEe your polnt.

In the gallery there i:agroupoffourth-andfifth-grade 1 I 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 57th Leglslative Day May 24, 1995 I 1 students from Thomas Paine Sehool in Urbana. I Wish they would l rise and be recagnized by the Senate.

PRESIDING OFFICER: (SENATOR GEO-RARIS) Will they rise, please. Welcome, from Urbana to Senator Weaverls hometown. We'll go to Senate Bill 368. Mr. Secretary, would you read th9 bill.

I move ta non-concur with House Amendnent No . l to Senate Bill 368. Filed by Senator DeAngelis.

PRESIDING OEFICER: (SENATOR CEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. I move that the Senate non-concur tn House Amendment No. l in Senate Bill 368. It is a lousy amendment. FRESIDING OFFICER; (SENATOR GEO-KARIS) Senator DeAngelis moves to non-concur in House Amendment No. l to Senate Bill 368. Al1 those in favor# say Aye. A1l opposed, Nay. The Ayes have 1tr in the opinion of the Chair. The motion carries. The Secretary shall so inform the House. Senate Bi1l 377. I'm sorry. Letfs see. 433. Senate Bill 433. Senator Barkhausen? Madam Secretary, will you read the bill.

I move to concur with the House in the adlption of their Amendment No. 2 Eo Senate Bill 433. Offered by Genator Darkhausen.

PRESIDING OFFICER: (SENATOR CZO-KARIS) Senatcr Barkhausen.

Thank you, Madam President and Members. I move that we concur in House Amendment No. 2 to Senate Bill 433. The ortglnal bill I I 17  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 5 ! deals with ehe Business Corpcraticn Act. The amendment amends the I State Ltbrary Act. It represents a recommendation and agreement l p of both the Secretary of State's Office and the Governor's and Lieutenant Governor's Office. Both of these -- and the bill deals with putting information in the executive braneh agencles of Stake government on what is commonly known as -- as the Internet. Much of this is already being done, but increasingly, I think it's fair to say our constituents will be interested in having this kind of computer access to State government. Eor now : the legislation cmits the legislative and judicial branches, but surely the time will come and probably ought to come uithin the next year when we, ourselves, are included ln a legislative plan of thls kind . But for now, I ask for concurrence with this amendment.

PRESTDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Demuzio .

Welle thank you, Madam President and Ladies and Gentlemen of the Senate. Senatcr Barkhausenr 1et me indlcate to you that I certainly do not quarrel with what you are doing here, but I would like to: for the record, ask a couple lf questionsy if I might, for purposes of clariflcation.

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates hepll yield.

As I read khis amendment: this, of courser authorizes the State Library to accept various recards in one format of conskitutional officers or boards or commissions or agencies ehak are created by the Constitutlon. And is it correct Ehen that a11 information that would be deflned by the agency as pertaining to the Freedom of Informatlon Act would also be included in the documents that would be submitted to Ehe State Ltbrary; that in this Internet process khat they might have access Eo those records 4 ! k8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24r 1995 I without having to file Freedom of Information Act forms? 1

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

I -- that question didn 't come up, Senator Demuzio, so I don't know exactly how to answer it. As far as I know, there's no intent to circumvent the exlsting Freedcm of lnformatton Act process.

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

I -- I was just seeking clarification. I kasn't seeking as to whether or not thgy uould try tor in some mannerr thwart the information being made public. This -- am I correc: in assuming then that a11 the constitutional officers and everybody that's covered by this amendment - boards, commissions, agencies and whatnot - would al1 have various records that they would sit down and deem to be appropriate that should be public documenbsy that theyr ln fact, will furnish them to the State Ltbrary, and anybody on the Internet system would then have access to that information?

PRESIDING OFFICER: (SENATOR CEO-KARIS) Senator Barkhausen.

ïes. The -- intent is that the Office of the State Library and the relevant executive branch agencies, boards and commissions wouldz togetherr figure out What informatton would be most appropriate and of interest to those that might seek the information by this means.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Sena*or Demuzio. SENATOR DEMUZIO) That would mean that al1 contracts, budget, everything that State agencies do r like under the Office of the Governor or the I l 19  STATE OF ILLJNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 I I Treasurer or *he Comptroller, or whatever: that those tnformation 1 . would be available to anybody and everybody on bhe Internet system Ehat wishes to go in and have access to that information. If that's correct, I think this is great. FRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dtscussion? Any further discussion? Senator Barkhausen, to close. SENATOR BARKHAUSEN: I stmply ask far a favorable roll call on concurrence. PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Demuzio. SENATOR DPMUZIO; Welly I had asked a questlon, but apparently I'm not gaing to get an answer to khat one, so 1et me ask another one if I migbt. How much is this going to ccst, and who's goin: to pay for i*? Are we -- is there going to be a prorata amount that's going to be charged to the various constitutional officers earried in their budget, or is this total ftnancial obligation going to be borne by the Secretary of State's Office through the ltbrary system? And hou mueh is it going to cost. and Who's goin: to pay it? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Barkhausen. SENATOR BARKHAUSEN: I asked the questions about cost and I Nas told that whatever relatively nominal cost there is is already built into the budgets of khe Secretary of State's Office and the relevant State agencles. PRESIDING OFPICER: (SENATOR GEO-KARIG) Furtber diseusslon? fenator Collins. Senator Demuzioz are you done? SENATOR DEMUZIO) Well, I rise in support of this. I canft wait to go surfln: 20 I . .-  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANECRIPT 57th Legislative Day May 24, 1995 over there. PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you, Senator Demuzio. Further discussion? Senator Colllns. SENATOR COLLINS: Senator, will this be in addition to the appropriations for the State Board for the sehool districts to be able to hook into the Internet System with the State Board and access information? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Barkhausen. SENATOR BARKHAUSEN : Senator, there Will be no addltional appropriation as a result of this btll, and I assume that the State Board of Education would be one of the many State agencies that would be -- if -- if they aren't already, would be maklng information avallable by this means. PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Collins. Any further discusslon? Purther discussion? The question isr shall th9 Senate coneur in House Amendment 2 of Senate Bill 433. This is final actlon. Those tn favor, vote Aye. Those opposed will vote Nay. The votinq is open. Have all voted who wlshed? Have a11 voted who wished? Have a1l voted who wisbed? Take the recordr Madam Secretary . 0n that question, there are 58 vatinq Ayer none votîng No# none voting Present. And the Senate does concur in House Amendment 2 to Senate Bill 433, and the bill, having received the required constitutional majority: is declared passed. senate 9ill 435. Senator Hawkinson? Madam secretaryy please read the bill. ACTING SECRETARY HAWRER: I move Eo concur with the House in the adoption of their Amendment No. l to Senate Bill 435. Offered by Senator Hawkinson. 21 l . ' (  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 PRESIDING OFFICER: (SENATOR GEO-KARIS) : J Senator Hawkinson. i

Thank you, Madam President. This revisits the issue that ye passed in House Bill 8l3 and didn't make it in the Senate. It's the issue brought to us by the Restaurant Assoclation and the Retail Merchantsz the problems that theydre having With royalty collections, disagreement with ASCAP. This is now an agreed bill, and it protects small restaurants and others Who eontract for royalty rights. It allows them to request three days prior to the contract a schedule of Lhe raees and royalties; that upon their requestr they get an opportunity to review the current available 11st of -- of a1l the members and affiliates represented by the Society. It provldes that -- that there are certaln prohiblted improper llcenstng practices. It's now an agreed bill. I think it's an important step forward. 1oo often people who -- Who manage restaurants and oWn restaurants or -- or even professional offices where you have muslc coming in over the speakers have been subjeet to some questionable practlces, and this is a necessary improvement and I think one that wi11 help al1 of our small businesses ln Illinois. And I would ask for concurrence With the House amendment to Senate Bill 435.

PRESTDING OFFICER: (SENATOR GEO-RARIS) Any further discussion? Any further dlscussion? Any further discussion? The -- this is final aceion. The question is, shall the Senate concur in House Aaendment No. l to Senate Bill 435. Those in favor will vote Aye. Those opposed will vote Nay. The votino is open. Have al1 voted who wished? Have al1 voted who Nished? Have a1l voted who Nished? Madam SecreEary, take the record. On that question, there are 59 voting Ayee none voting No, none votinq Present. And this bill -- the Senate does concur lnHouseAmendment ltoSenate Bill435. And the bill, having 1 ' i ! 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 receivgd the required eonstitutional majority, is hereby dgclared passed. Senate Bill 447. Spnator Cullerton? 447. Senator ' Cullerton? Take it out of the record. Senator Hendon; for What I I purpose do you rise, sir? . I

1 I I Thankyouverymuch,MadamPresident. A pointofpersonal t privklege. 1 VRESIDINGOFFICER: (SENATOR GEO-KARIE) 1 State your point. I SENATOR RENDON: f I I would like *o call the Senate's attention to theDemocratic 1 I sideof the aisle,somestudents from mydistrict inChicago, the j Henry Horner area,a schoolthatwe're going to have to fight to 1 keep open, are here visiting the Senate today, and I would like for them to rise and be recognized by the Senate. Suder School.

PRESIDING OFPICER: (SENATOR GEO-KARIS) Suder School, would you please rise. Welcome to the Senate. We welcome you here. Thank you. Senator Hendon.

r also failed to recogntze Ms. Owens Who is with the studenEs today. Let's give her a hand. PRESIDING OFFICER: (SENATOR GEO-XARIS) I Weleome, Ms. OWens. We'll proceed to Senate Bil1 619. Senator Butler? Madam Secretaryr will you read *he bill.

I move to concur with the Houze in the adoption of thelr Amendment No. 1 to Senate Bill 619. Offered by SenatorButler. 1 I PRESIDING OFFICER: (SENATOR GEO-HARZS) ! / Gena*or Butler. I I SENATOR BUTLER: I I I Thank you very much,Madam President. Ladies and Gentlemen, 1 23  ETATE OF ILLLNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day MaY 1995 Amendment No. to Senate Bl11 6l9 changes the bill very slightly to clear up some possible confusion tn the original bill. It now makes directorsr officers and trustees of church organizations -- it put them on the same footing, and they would be liabl: -- they will not liable for damages unless they earn more than five thousand dollars per year, and there was a willful act excuse mep there was an act cr an omission involved which was willful and wanton conduct. know of no opposition to this. This is our Hgoing to heaven'' bitl. would appreciate your positive vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Heartng none this is final ackion - the question shall Senate Bill 619, with House Amendment No. 1r pass. Those favorz vcte Aye. Those opposed will vobe No. The voting's open. Have a1l voted who wished? Have a11 voted who wished? Have a11 voted who wished? Madam Secretary, take the reaord. On that questlon, Ehere are 59 votlng Aye, none voting Nay, none voting Present. And the Senate does concur in House Amendment No . l to Senate Bill 619: and the bill, having received the required constltutional majority, is hereby declared passed. Senate Bill 629. Senator Mahar? Madam Secretary: will you read the motion.

T move to concur vith the House in the -- ehe adoption their Amendment No. l to Senate Bill 629. Offered by Senator Mahar.

PRESIDING OPFICER: (SENATOR GEO-RARIS) Senakor Mahar, on Senate Bill 629. SENATOR MAHAR; Thank you. Thank you: Madam President. senake -- or# ratherf Rouse Anendment No. l does several things. First it provides that the insurance company Whlch provides a landfill closure post-closure insurance bond must be licensed by the Department of  STATE OF ILLINOIS 89TH GENERAL ASEEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 Insurance to conduct buslness in the State of Illinois. Changes the deadline for compliance with Subtitle D finaneial assurance requirements from April the 9th of ?95 to tbe date which is established by the USEPA for such compliance. And finally, it adds the provisions of Senate Bill 574, Whlch overwhelmingly passed this Chamber some time ago. This language excludes a holder of a secured interest a petroleum underground storage tank whor without participating in the management of a facility, underground storage tank, or underground storage tank system holds an indicia of ownership primarily to protect its security interest from the definition of an ocner or operaeor of an underground storage tank. This language is requested by the Community Bankersz supported by the Illinois Petroleum Marketerss the Illinois Petroleum Council, the Illinois Retail Merchants' Association, and the Illinois Bankers' Assocfation. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Any further discussion on Senate -- the -- thls is final action. The question is, shall the Senate concur to House Amendment No. to Senate Bill 629. Those in favor Will vote Aye. Those opposed will vote Nay. The voting is open. Have al1 voeed who wished? Have a1l voted who Wished? Have a1l voted who wished? Madam Secretary, take the record. On Ehat question, there are 56 voting Aye, none voting No and 1 voting Present. And the Senate does concur in House Amendmenk 1 to Senate Bill 629: and the bill, havlng received the required constitutional majority, ls declared passed. Sena*e Bi11 721. Madam Secrgtary, read the motion .

move to concur with the House in the adoption of their Amendments 5 -- pardon me# 7, 8, and to Senate Bill 721. 25  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ; SENATE TRANSCRIPT ' 57th Legislative Day May 24: 1995 Offered by Senator Lauzen. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Lauzen. SENATOR LAUZEN: . Thank you, Madam President. I move to concur with the House in the adoption of their Amendments No. 6, 7, 8, 9, 10 and l5. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Lauzen moves to concur with those amendments. Is there any discussion? Any discussion? Hearing none, those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have al1 voted who wished? Have all voted who Wished? Have a1l voted whc wished? Take the record, Madam Secretary. On that questlon, there are 59 voting Aye, none vottng No, none voting absenb. And the Senate does concur in House Amendments 6, 7, 8: 9, 10 and 15 of Senate Bill 721. Senator Lauzen neW moves -- Senate Secretary -- Madam Secretary, rather, on further amendments. ACTING SECRETARY HAWKER) I move to non-concur with the House in the adoption of their Amendment Nos. 4, 5, 11, l2, l3y 14 and 16 to Genate Bill 721. Offered by Senakor Lauzen. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Lauzen. SENATOR LAUZEN: Thank you, Madam President. I move to non-concur with the House in the adoption of their Amendments No. 4: 5, 11# l2, l3, 14 and l6. PRESIDING OPFICER: (SENATOR GEO-RARIS) Senator Lauzen noœ moves to non-concur in the -- in House Amendments 4, 5, 11y 12, 13: 14 and 16. Is there any discusslon? Hearinq noner a11 those in favore say Aye . All opposed, No. In the opinlon of the Chalr, the Ayes have it, and the motlon 26 . , y '  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 57th Legislative Day May 24, 1995 I I I carries, The Secrgkary shall so lnform the House. Senate 3ill I I 838. Senator Hawklnson. Madam Secretary, Nill ycu read Senate I I Bill 838 I , the motton on that. I I ACTING SECRETART MAWKER: ' I move to eoneur with the House in the adoption of their .. 1 j Amendments 4, 5, 6, 7, 8, 9, 10 and 11 Eo Senate Bill 838. Offered by Senator Hawkinson.

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

Thank you' Madam President. This is the bill w9 discussed When we put the amendment on yesterday, I believe, with Senator Palmer. This amendmene includes former Senate bills which have passed ouk of this Chamber wtth virtually no opposition. Represents bills sugîested by Democratic staff and Republican staff, which might otherwise get caught up in the process. 1* adds Senate Bill 762 from Senator Klemm. It adds Senate Bill 960, modified version: by Senator Fitzgerald. A modified House Bill 2454, which was also a Senate bill which -- which passed out of the Senate. Senator Maitland 's Senate Bill 524. Senator de1 Valle and Clayborne's Senate Bill 691. Senatar Dudycz and Farley's Senate Bill 747. Senate Bill 102%, from Senator Pawell. And these bilks have -- have now been added by khe House and I think we ought to concur in the amendment to Senate Bill 838 and send it to the Governor. PRESIDING OFFICER) (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Any further discussion? Hedrïng none - this is flnal action - the question shall be, does th% Senate concur in House Amendments 4, 5, 6, 7, 8, 9, 10 and 11 of Senate Bilk 838. Those in favor will vote Aye. Those opposed will votg Nay. The votin: is open. Have a1l voted uho Nighed? Have all voted who wished? Have al1 voted Who wished? Madam Secretary, take the record. Onthatquestion, 1 I I 27  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 there are 58 voting Aye: one -- none voting Nay, l votin: Present. And this bill -- the concurrence of this bill, having received the required constitutional majorlty, is declared passed. Senate Bl11 907. Senator Walsh? Madam Secreearyc read the morion. Take it out of the record. Senate Bill 934. senator Barkhausen? Madam ' Secretary, read the motion. l I ACTTNG SECRETARV RAWKER: / I move to eoncur With the House in the adoption of their ! I I Amêndment NO. 1 LO Senate Bill 934. l I I Offered by Senator Barkhausen. j ' PRESIDING OFFICER: (SENATOR GEO-KARIS) j Senator Barkhausen. I SENATOR BARxnAusEx: I f I Thank youy Madam President and Members. I move concurrence tn l I AmendmentNo.ltoSenateBill934. ItdoestWothings. One: it 1 I l - - for one, it repeats the provisions of -- that were added hgre I I I in the Senate to Hcuse Bill 377 Ehat were -- requested as so-called trailer amendments to House Bill 1608: which came to us I from the corporate fiduciaries. So in that sense, the amendment I is somewhat redundant. In addition: it contains an amendment requested by the Department of Mental Hea1th and Developmental Disabilkties Eha: makes it clear that where inthisb1llit f 1 I providesforaso-calleddiscretionarytrustthatcouldbeset up 1 for a disabled beneficlary wlth the beneficiaryds own funds under j certain circumstances, that there would be a right of 1 reimbursement that the Gtate would have against the estate of the disabledbeneficiaryafterthebenefieiary 's death. and that right 1 f of reimbursement would lnclude not only reimbursement fcr 1 I Medicaid funded services, but for okher Etate-funded services as - I I well. Iid be glad to ansWer any questions and would otherwise ask J ! for your concurrence. 1 ' I PRESIDING OFFICER: (SENATOR GEO-XARIS) : 28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24' 1995 Any further dkscussion? Any further discussîon? Any further discussion? Hearing none - ehis is final acticn - the kuestion is, shall khe Senate concur tn House Amendment No . l to 934. Those in favor, vote Aye. Those oppcsed Will vote Nay . The voting ls open. Have a1l voted who wished? Have a1l voted who wished? Eave a11 voted Who wlshed? MadanlSecretary, take the record. On that questionr there are 58 voting Aye, none voting No, l voting I Present. And the Senate does concur in House Amendmenq 1 yo Senate Bill 934, and the bill, havlng received the required constitutional majorlty, is hereby declared passed. END OP TAPE TAPE 2 PRSSIDING OFFICER: (SENATOR GEO-KARIS) Senate BilL 1111. Senator... Senate Bill 1111. Senator Rea? Out of the record? Senate Bill 130. Senator del Valle? Madam Secretaryy will you read the motlon? ACTENG SECRETARY HAWEER: I move to concur With the House in the adoption of their Amendments 5 and 6 to Senate Bill 130. Offered by Senator del Valle. PRESIDJNG OFFICER: (SENATOR GEO-KARIS) Senator del Valle. SENATOR dEL VALLE : Thank you, Madam Preskdent... PRESIDTNG OFFICER: (SENATOR CEO-KARIS) Hold on just a minute. Could ve have a little more quiet in this astute Assembly. May we have it a little more quiet. Thank l 29 . ' . .- - m ',  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT ' I 57th Legkslatlve Day May 24, 1995 ! you. Senator del Valle. SENATOR dEL VALLE: Madam Presidenk, I move to concur With House Amendments 5 and 6. Amendment No. 5 changes the pame of the Rehab Services Advisory ' Council to *he State Rehabilitation Advisory Council. This j I amendment came from the Department of Rehabilitation Services. I And Amendment No. 6 authorizes a schocl district that operates an 1 1 alternative education program to -- to admtt students who have been convicted of a felony. This is Senator Welch's bill. T move that we concur With Senate Amendments 6 and 5.

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator de1 Valle moves to eoncur in House Amendments 5 and 6 to Senate B111 130. Is there any discussion? Any discussion? Any discusston? Those in favor kill vote Aye. Those opposed will vote Nay. The vottng ls open. Bave all voted who wished? Have all voted Who wish? Have a1l veted who wished? Madam Secretaryy take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. The Senate does concur in House Amendments 5 an 6 ko Senate Bill 130. Senator del Valle. Senator del Valle moves to concur -- to non-concur in Eouse Amendments 4 and 7. Any dëscussion? Hearing none, all those in favory say Aye. Those opposed, say Nay. The Ayes have ikr in tbe opinion of the Chair. The motion earries. The Secretary shall so inform the House. Senate Bll1 465.' Senator Maitland. Madam Secretary...

Thank youy Madam PresidenE and Members of the Body. I Would move to non-concur with House Amendment No. 1 to Senate Bill 465.

FRESIDING OFFJCER: (SENATOR GEO-KARIS) The SenaEor has moved to non-concur to Senate Isic> Amendment l to Senate Bill455. Anydiseussion? Anydiseusston? The-- 1 I all those in favor, say Aye. A1l opposed, say Nay. The Ayes have I 1 it,lnthe opinion of the Chair. The moklons earries. The f 1 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 57th Legislative Day May 24, 1995 I ! I Secretary shall so inforp the House. Senate Bill 788. Senator ! Karpiel. Madam Secretary, read the Rotion. I I ACTIN IGSECRE move tT oA R?HA non- WEER ccnc :Wikh the House in the adoption of their ur f Amendment No. l to Senate Bill 788. I OfferedbySenatorKarpiel.

PRESIDING OFFICER: (SENATOR GEO-KARIS) j 1 l Senator Karpiel. I SENATOR KARPIEL: I Yeah. I'm non-concurrtng. Do you need an explanation of what I'm non-concurring in?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Ycu're non-ccneurrinç ln that motion?

Xes.

PRESIDING OFFICER: (SENATOR GEO-KARIS) A11 right.

I move to non-concur in House Amendment 1 to Senate Bill 788.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Any discussion? Any dlscussion? Those in favor of non-concurring, say Aye. Those oppcsed, say Nay. The Ayes have it, in the opinion of the Chaîr. The motion carrtes. The Secretary shall so inforr *he House. Senate Bill 907. Senator Walsh. Madam Secretary, read the motion.

I move to non-concur w1th thP House in the -- the adoption of Eheir Amendment No. l to Senate Bill 907. Offered by Senator Walsh. PRESIDINGOFFICER; (SENATORGEO-KARIS) Senator Walsh moves to non-concur kn House Amendmenk No. l to 1 I Senate Bill 907. Any discussion? Any diseussion? Hearing none: 1 ? 1 31  STATE OP ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 57th Legislakive Day May 24# 1995 a11 those in favor, say Aye. Al1 opposed: Nay. The Ayes have lt. The moeion carries, and the Secreeary shall so inform the House. Senate Bill 1039. Senator Fawell. Madam Secretary, Will you read the motion. . ACTING SECRETARY HAWKER: I I move to non-concur with the House in khe adoption of thetr Amendment No. l ko Senate Bill 1039. Offered by Senator Fawell.

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

Xes. I Nigh to non-concur in Amendment No. -- House Amendment Ne. 1 in Senate Bill 1039.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Any discussion? Hearing noner Senator Fawell maves to non-concur in House Amendment No. l in Senate Bill 1039. A1l those in favor, say Aye. A1l opposed, Nay . In the opinion of the Chair, the Ayes have it. The motion earries. The Secretary shall so inform the House. On page 8. Senator 447. Senator Cullerton. Madam Secretary. Will you read the motion. ACTING SECRETARY HAWKER: I I I move to concur with the House in the adoption of their Amendment No. l to Senate Bill 447. j Offered by Senator Cullerton.

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

Thank you, Madam presidenE,MembersOCtheSenate. This ks 1 the Condominium Property Act bill. The amendment EhaE uas adcpted I by Representative Parke, who is the sponsor oc the bill ln the I House, is really technical tn nature. It categorizes perimetgr 1 j I doors and windows in perimeter œalls as limited common elements. I ! 32 . ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Leglslative Day May 24, 1995 IV'S a bill Ehat was put together as a result of the Chicago Bar 1 I Association Condominium Subcommittee's work, and I know of no opposition and ask that We concur with this amendment. I

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discusslon? Any further discussion? Senator Cullerton moves to adopt Amendment l to Senate Bill 447. This is final action. And the question is, shall the Senate concur in thls amendment to Senate Bill 447. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have all voted who Wished? Have a1l voted who wished? Have a11 voted who wished? Madam Secretary, take the record. On that questionz there are 57 voking Aye, none voting No , none voting Present. And the Senate does concur in House Amendment 1 to Senate Bill 447: and the bill, having received the required constitutional majority, is declared passed. Ccmmittee Reports.

Senator Weaver, Chairman of the Commietee on Rulesr reports that the followinq Legislative Measures have been assigned Eo eommittees: Referred to the Education Committee - motion to eoncur with House Anendment No. 2 tc Senate Bill 377; referred Eo the Environment and Energy Committee - motlon to eoncur with House Amendment No. 1 to Senate Blll 8187 referred to the Financial Instikutions Committee - motion to concur with Rouse Amendments 1, 2 and 5 to Senate Bill 12087 referred to the Insurance, Pensions and Licensed Activihies Committee - motions to concur With House Amendments 1 and 2 to Senate Bill 977, and House Amendment No . l to Senate Bill 10947 referred to the Judiciary Committee - motions to concur With House Amendment No. l to Senate Bill 384 and House Amendment No. 4 to Eenate Bill 1187: refgrred to the Local Covgrnment and Elections Committee - motion to concur with House I Amendments 1, 3 and 4 to Senate Bill 405) referred to the Public I I 33 . y '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT : I 57th Legislative Day May 24, 1995 I Health and Welfare Committee - motion to concur wlth House Amendment No. l Eo Senate Bill 3587 referred to the State Government and Operations Commlttee - motions to concur with House f Amendment l to Senate Bill 637, and House Amendment No. 1 to . 1 Senate Blll 1200) referred to the Transportatlon Committee - i motions to concur with House Amendment No. 1 to Senate Bill 760, I and House Amendment No. l to Senate Bill 1202) Be Approved for I I Consideration - motions to concur with House Amgndments 2 and 3 to I Senate Bill 79g House Amendment No. 1 to Senate Bill 528, House I 1 Amendment No. l to Senate Bill 540, and House Amendment No. 1 to . I ! Senate Bill 711: and House Amendment No. l to Senate Bill 718. PRESIDING OPFICER: (SENATOR GEO-KARIS) I Senator Severns, for what purpose do you risey ma'aR? I I SENATOR SEVERNS: Thank you, Madam President, Members of the Senate. It's my . honor today to have joining us both here at my side and also in the President's Gallery, Jonna Little, who is a Page for the day today,from Gays,Illinois and herparents,Jack and Neva Little 1 in the President's Gallery. I'd like to the Senate to jain in welcoming them here koday. PRESIDING OFFICER: (SENATOR GEO-KARIS) Will our guests please rise? Welcome to Springfield . Nice to have you here. Senate Bill 585. Senator Philip. Madam Secretary, read the motion. ACTING SECRETARV HAWKER; I move to non-concur with the House in the adoption of their Amendment No . l to Senate Bl1l 585. Offered by President Philip. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Philip. SENATOR PHILIP: Madam President, Will you please take it out of the record. 34 . y, '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th LegislaEive Day May 24, 1995

PRESIDING OPFICER: (SENATOR GSO-EARIS) OuE of the record. Senate Bill 925. Senator Philip. Madam Secretary, will ycu read the bill the motion, rather.

move to non-concur with the House in the adoption of their Amendment No. to Senate Bill 925. Qffered by Senator Philip.

DRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Philip.

Thank you, Madam President, Ladies and Gentlemen of the Senate. I move to non-eoncur in House Amendment No. to Senate Bi11 925.

DRESIDJNG OPFICER: (SENATOR GEO-RARIS) Any discusslon? Any discussion? Any discussion? All those tn favor of Sena*or Philip's motian to non-concur in House Amendment 1 to Senate Bill 925, please say Aye. A11 opposedp Nay. In the opinion of the Chairr the Ayes have it. The motlon carries. 'he Secretary shall so inform the House. Senator Pawell, for what purpose do you rise?

For purposes of an announcement.

PRESIDING OPFICER: (SENATOR GEO-RARIS) State your announcemene.

The Transporta*ion Commitkee will meek at l olclock - 1 olcloek - in Room 400.

PRESIDING OPFICER: (SENATOR GEO-RARIS) Transportabton Committee W11l meet at o 'elock in Room 400. Thank you. Senator Klemm , what purpose do you rise: sir?

FOr Purposes Of an announcemenk. 35  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24: 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) What is your announcement, sir. I SENATOR KLEMM : l Well I thought I'd try tg give everybody as much nottce. The I . I Loeal Government and Elections Committee Will meet at 2 p.m. in I Room A-1 of the Stratton Buildlng. Thank you. I I PRESIDING OFFICER; (SENATOR GEO-KARIS) ! ! Local Governments and Elections will be at 2 p.m . in A-1 in ! the Strat*on Building. Senator Barkhausen: for what purpose do I I you rise? SENATOR BARKHAUSEN: l ? Thank youz Madam President. There Will be a meeting of the I senate Financial Institutions Committee in Room A-l at 12:30. I I PRESIDING OFFICER; (SENATOR GEO-KARIS) j A meeting of the Financial lnstitutions Conmittee in Room A-l at 12:30. Senator Raica, for khat purpose do you rise? I

Purpose of announcement, Madam President.

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

We have a Publle Health and Welfare Committee this afternoon at l:30p Room A-l of the Strakton. Room -- 1:30, Room A-l. Thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The Public Welfare Committee is meeting at -- in the Stratton Building at Room A-l at 1:30 p.m. Senator Mahar, for what purpose do you rise? ' SENATOR MAHAR: I The Senate EnvlronmenE and Engrgy Committee Will be meetinq at I 12:30 in Room 400. ' I PRESIDING OFFICER: (SENATOR GEO-KARTS) I I 36  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSEON SENATE TRANSCRIPT ! I I 57th Legislative Day May 24# 1995 I I I The Senate Envlronmeneal -- Environment and Energy Committee I I is meeting at 12:20 in Rocm 400. Senator Mattland, for whaE I I purpose do you rise? I I SENATOR MAITLAND: i . I Thank you very much, Madam Fresident, Members of the Senate. I ! First of all, for the purpose of an announcement, Madam President, j to indicate that in the -- in the halluay behind -- tn the hallway I behind the Chambers this morning there is a birthday cake there . to celebrate Senator Stan Weaver's birthday and -- which Was yesterday, and Fate 's birthday, which is -- which is Friday . And as a1l o' you know, b0th of them are older than dirt, and they'd like to have you share their cake, and so you're welcome to that. And then secondly, on -- on Senate Bill 274, Madam Fresident, I would nove to non-concur with House Amendments No. 1 and 3 to Senate 3ill 274. PRESIDING OFFICER) (SENATOR GEO-KARIS) Senator Maitland moves to non-concur in Hcuse Amendments l and 3 to Senate Bill 274. Any discussion? Any discussion? Senator Cullerton.

Yes. Senator Maitland? Senator Maitland, I understand you're non-concurring in thls, but is this -- are the amendments dealing with addkttonal judgeships in -- and could ycu tell me if -- do you anticipate that there'll be a conference committee?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Maltland. Senator Xaitland.

Yes, there w1ll be a conference committee, Senator Cullerton. FRESIDING OFPICER) (SENATOR GEO-KARIS) A1l those in favorr say Aye. All opposed, Nay. In the opinion of tbe Chalr, *he Aye? have it. The motion carries. The Secretary shall so lnrormtheHouse. GenatorMadigan,forwhat 1 I 37  STATE OF ILLINOIS 89TH GENERAL ASSEMELY REGULAR SESSION SENATE TRANSCREPT 57th Legislative Day May 24y 1995 purpose do you rise?

Thank you, Madam President. Purpose of an announcement. The Insurance -- Senate Insurance Committee will meet at 1:30 in Room 400.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The Insurance Committee Will meet at 1:30 in Room 400. Senator Hawklnson.

Thank ycu, Madam President. 1 rise for purposes of an announcement. The Senate Judiciary Committee will meet in Rccm 400 at 2 p.m. That's 2 p .m. in Room 400 tcday.

PRESIDING OFFICER: (SENATOR GEO-KARES) The Judiciary Committee Will meet at 2 p.m . in Room 400 today. Senator Sieben, for what purpose do you rise?

Thank your Madam President. For the purpose of an announcement. The State Government Operations Committee will meet today at 2 p.m. in Room -- in Room 212.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The State Government Committee wl11 meet today in Room 212 at 2 p.m . Senator Cronins for what purpose do you rise?

For purposes of an announcement. The Senate Education Commlttee will meet at 1 p .m. in Room A-l. Thank you.

PRESIDING OPFICER: (SENATOR GEO-KARIS) The Senate Education Committee will meet in Room A-l at l p .m. Is EhaE correct? 1 p.m. today. Any further announcements? Senator ghilip, what purpose do you rtse, sir? Sgnator Philip.

Thank you, Madam Presldent and Ladkes and GenElemen of the of *he Senate. Point of personal privilege. 38  STATE 0F ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24r 1995 . I PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point, Senator Philtp. ! I SENATOR PHILIP: I So people have kind of an idea what we're going to be doing. We're going to be breaking here shortly for committee hearingsr and we w(l1 come back at 3 o 'cloek, give everybody a chance to have lunch and do what they want to do, and then we wtlk get back to work. And I'm not sure hoW long wedll work. There isn 't a 1ct J left on the Calendar, quite frankly, but We'll try to clean up everythinç . Now, if you've got some motions you'd better file: you'd better ftle them. The ship is slowly saillng. PRESIDINC OFFICER: (SENATOR GEO-KARIS) Senator Demuzio, for what purpose do you... SENATOR DEMUZIO: I was just curious in when we're going to see tbis thlrty-three-billion-dollar budge*. Are we only going to have an hour to see that and Work on it too, or does that come tomorrow? PRESIDING OFPICER: (SENATOR GEO-KARIS) I'm sure you will see it timely. Any further -- Ladies and Gentlemen of the Senatey we are in recess till 3 p.m. (SENATE STANDS IN RECESS) (SENATE RECONVENES) PRESIDING OFFICER: (SENATOR WEAVER) The Senate will come to order. Mr. Secretary, have there been any motions filed? SECRETARX HARRY: Yesr Mr. Presldent. Senator Mal*land has filed a motion With 1 39 . t  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 respect to Senate Bill 274. Senator Mahar has filed a motion With respect to Senate Bill 46. and Senators Farley, Rea, O'Daniel, Jacobs and Shadid have filed a motion With respect to Senate Bill 46. PRESIDING OFFICER: (SENATOR WEAVER) Mr. Secretary, the Chair requests that these motions be ! printed on the Calendar. So ordered. Committee Reports. SECRETARY HARRY: Senator Mahar, Chalr of the Committee on Environment and Energy, reports Senate Bill 818 - the motion to concur With House ' Amendment l Be Adoptêd. Senator Barkhausen, Chair cf the Committee on Financial i Institutionsr reports Senate Bill 1208 - the motion to concur uith House Amendments 1, 2 and 5 Be Adopted. I Senator Cronlny Chair of the Committee on Edugation, reports I Senate Bill 377 - the motion to concur with House Amendment 2 Be I Adopted. I Senator Fawell' Chair of the Committee on Transportation, ' I reports Senate Bill 760 - *he moEion to concur with Hause I Amendmen: l Be Adopted; Senate Bill 1202 - the motion to concur I with House Amendment 1 Be Adopted. Senator Raicay Chair of the Committee on Public Hea1th and i Welfare, reports Senate Bill 358 - the motion to concur with House Amendment l Be Adopted. Senator Madigan, Chatr of the Committee on Insurancer Pensions and Licensed Activities, reports Senate Bill 977 - Ehe motion Eo concur With House Amendments 1 and 2 Be Adopted; Senate Bill 1094 - the motion to concur with House Amendmenk l Be Adopted. Senator Sieben, Chair of the Committee on state Government 1 Operations, reports Senate Bill 637 - the motion Eo concur wlth I House Amendment l Be Approved for ccnsideration; and Senate Bill 1020 <sicl (1200) - the motion to concur With House Amendment 1 Be ( 40 . y, '  STATE OP ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT : 57th Legislative Day May 24, 1995 i I Approved for Conslderation. Senator Klemm, Chair of the Committee on Local Government and Elections, reports Senate Bill 405 - the motion to concur with ! House ApendmenEs 3 and 4 Be Approved for Consideration. I ! And Senator Hawkinson, Chair of the CommitEee on Judiciaryy reports Senate Bill 384 - the motion to concur with House AmendmenE l Be Approved for Conslderation; and Senate Bill 1187 - a motion to concur With House Amendment 4 Be Approved for Consideration.

PRESIDING OFFICER: (SENATOR WEAVER) Messages from the House.

A Message from the House by Mr. McLennand, Clerk. Mr. President - I am directed to inform tbe Senate that the House of Representatives has adopted the followkng joint resolution, in the adoption of whieh I am lnstructed to ask the concurrence of the Senater to wit: House Joint Resolution 37. Adopted by the Housey May 24thr 1995. It's substantlve.

PRESIDING OFFICER: (SENATOR WEAVER) Resolutions.

Senate Resolution 78, offered by Senator Woodyard. It's a death resolution, Mr. President. PRESIDING OFFICER; (SENATOR WEAVER) Consent Calendar. For what purpose does Senakor Pekerson arise?

Thank you, Mr. President. In the -- point of personal privilege. In thê President's Gallery, we have the class from St. James School in Chicago, headed by Mr. Gast: and my nephew is there,NicholasMonte. And we'd like tohaveyou stand upand be 1 I 41 ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGULAR SESSION I SENATE TRANSCRIPT 57th Legislatkve Day May 24e 1995 recoçnized. I ; PRESIDING OFFICER: (SENATOR WEAVER) I I 0ur guests please stand? Welcome to Springfleld. We are l awaitin: the arrtval of the Supplemental Calendarr and then we'll I go rlght Lhrough that Calendar. For what purpose does Senator 1 Klemm arise? 1

Well, Ifd just like to announcey we have a special guest in the gallery. Senator Peterson is up there, and I'd thouçht welll like to welcome him to the Senate.

PRESIDING OFFICER: (SENATOR DONAHUE) Supplemental Calendar No. 1 is being distributed: and we will be qcing to thak order very shortly. The first ones up will be Senator Raica, Senator Dillard and Senator Ralph Dunn. And T Would ask that a11 of you and al1 Members within earshot, please come to the Floor. On Supplemental Calendar No. l is Senate Bill 636. Madam Secretary. 637. Excuse me.

I mave to concur with the House in the adaption of their Amendment No . 1 to Senate Blll 637. Filed by Senator Raiea .

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Raica.

Thank your Madam President. I apologize for being late. I move to concur with Amendmen: No. l fcr Senate B1ll 637.

PRESIDINC OPPICER: (SENATOR DONAHUE) zs kbere any diseussion? Any dlscussion? f/ging none - thla is final action - the question is, shall the Senate coneur in House Amendmen: No. l to Eenate Bill 637. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have all voked who Wish? Take 42  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 the record. On tbat question, there are 57 Ayesy no Nays, none voting Present. Senate Bill 637 is eoncurred with House Amendment No. 1: and havkng received the required constitukional majority, is declared passed. Senator Dillard, on Senate Bill 711? On the Order of Concurrence is Senate Bill 711. Madam Searetary.

I move to concur with the House in the adoption of their Amendment No. l to Senate Bill 711. Offered by Senator Dillard.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

Thank you, Madam President, Ladtes and Gentlemen of the Senate. I move to concur in Amendment No . l to Senate Bill 711. The amendment put on by the House makes technical ehanges to the b1ll and restates that endowment fundsy which we 're allowing forest preserve districts in downstate Illinois to creater that those funds must eome from private sourcesr but it adds that monies may be received from federaly State or loeal governments if they were received as a result of an agreement obligating that forest preserve district to long-term maintenanee of improvements constructed on a forest preserve property. And again, I'd be happy to answer any questions: but again, I move that we concur in Amendment No. 1 to thls bill. PRESIDING OFFICER; (SENATOR DONAHUE) Is there any discusslon? Any discussion? Seeing nonep khis is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 711. A11 those in favor will vote Aye. Opposedz Nay. The voting is open. Have a11 voted Who wlsh? Have al1 voEed uho Wish? Have a1l voted who wish? Take the record. On that question, there are 59 <sic> (58) Ayes, no Naysy l voting present. The Senate does eoncur in House Amendment 43  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX ' REGULAR SESSION SENATE TRANSCRIPT 57th LegislaElve Day May 24, 1995 No. 1 to Senate Bill 711, and having received the required constitutional majority, is declared passed. Senator Ralph Dunn, on Senate B111 718. Madap Secretary.

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 718. I Offered by Senator Ralph Dunn.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn. SENATOR R. DUNN: , Thank you, Madam Presldent, Members of the Senate. Senate I Bill 7l8 as amended -- a bll1 that passed this House 58 tc 1, ! I sponsored by Senator Maitland, was Senate Bill 682. The bill was I left in the comnittee over there and put on this bill. It would 1 I allow the Tllinois Community College Board to utilize certain I I emergency financlal oversight powers only in the following -- in 1 the following cases: a conmunity college district fatled to meet I ! the Illinois Community College Board recognition standard and the j distrtct's auditor or the ICCB decided in accordance wlth a wide f 1 ranse of aceountlng standards that there was something wronq: find a misuse of funds, then this would come into play. The bill ' j provides several options to troubled colleges and those that are 1 currently in place. It is not designed to close State Community Cbllege of East St. Louls. State Community College is clearly experîencin: a number of financial difficulties, and I know that senator Clayborne was *he only negative vote On this When it passed the Senate earlier. And I -- I would urge -- urge a favorable roll call and be glad to answer any questlons you might have. 1

PRESIDING OFFICER: (SENATOR DONAHUE) Is Ehere any discussion? Any discussion? Senator Clayborne. SENATOR CLAYBORNE: ! I 44  ! STATE OF ILLINOIG 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Leqislattve Day May 24, 1995 Thank you. Madam President. And would the -- Would the sponsor yield? I I PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Clayborne. SENATOR CLAYBORNE: Senator Dunn, thls ls an emergency procedure that is being implemented. My understanding, is only Cor State Community College? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn. SENATOR R. DUNN: It's -- Senator Clayborne: it's for all community colleges. This Was menttoned in there because State Community Colle:e ts having trouble. Let me read khat I'm told about it. It said State Community College is clearly experiencing a number of financlal and academie problems and could very Well be in a ! distrlct where the emergeney option would have to be employed. 1 But simply closing the doors would not serve the students of East I I St. Louis, of your community, but closing the doors is mcre likely I to occur Without this bill than with it. That's the reason that we say that it's probably a good ldea to have it. The bill would 1 apply to any eommunlty college that experiences difficulty. Yours is probably the one with the most difficulty. PRESIDING OFFICER: (SENATOR DONAHUE) ' Senator Clayborne. SENATOR CLAYBORNE: Thank your Madam President. Senator Dunn, I'm quite familiar with Statutes similar Eo Ehls, because one of my clients is under a simllar Statute and that is the Pinancially Distressed Cities Act. Howeverr ever under the Financially Diskressed Cibies Act, Senator Dunn, there is a nechanism byWhich a -- thecitycan 1 determine whether it is havin: some success towards maving tokards 45 l w .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 financial stability. In this leqlslation, it is very broad and gives the ICCIB) broad powers in order to develop a plan, but that is not mandatory. The ICCB -- Board can come inr as stated in number (5), to develop and implement a plan providing for dissolution or reorganization. What -- is -- is this legislation designed, and is ik 1ts intent to dissolve state Community College in the very near future, Senator Dunn? PRESIDING OFFICER; (SENATOR DONAHUE) Senator Dunn. SENATOR R. DUNNJ Thank you. Senator Clayborner I assure you that that's not the intent of this legislation. And certainlyr we hope it doesn'k happen, and we hope that if needed, why, this Board wauld be able to help keep your eollege open. I would urge an Aye vote for it.

PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Clayborne. 1

As stated further in number (2): there's a provision to direct 1 the district to contract for educational services -- to contract I out educational services. Does thls mean, Senator Dunn, that I ! another college can come in and bastcally take over the education I of the students by way of a mandate from the ICC Board as part of I their plan, which eventually will cause the school ko merge with another institution? Is that the intent of this leglslation, Senator Dunn?

PRESIDINGOFFICER: (SENATORDONAHUE) Senator Dunn. 1 I

Thank you, Madam President. No, Senator Clayborne; this is I not the -- not the sole purpose ar the purpose of this ! legislation. I might read agains both of these things have to occur before they could come in: A community college distrie: has I 46  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislattve Day May 24, 1995 to fall to meet the Illinois Community College Board recognltlon standards and *he district's auditor or the Illincis Community College Boardr in cocperation wlth the district's auditor, in aecordance with a wide range of accepted aceountlng procedures, finds misuse of funds or material deficiencies in the design or operation of financial controlr then it would affeet *he dlstrict. That's the only Way they can come in and do those things that are listed below that you listed, (1) through (5), is if those thin:s happen. And a I aaid earlier, ue knou Community College has been I having some trcuble and we hope that this is a help to themr ! rather than a hindrance, and that's what it's intended to be. PRESIDING OFFICER: (SENATOR DONAHUE) ' ! Senator Clayborne. SENATOR CLAYBORNE: I Thank you, Madam President. I -- I'd just like to comment on ! the fact that I would feel much -- I would feel more comfortable if there kere defined measures in this bill whereby the State i Community College, or any other college, eould determine its success in regards to meeEing certain goals. Under the Financially Distressed Cities Act, which the City of East St. Louis is under, there are definable goals. Thpre are goals that can be obtained and the City ks able Eo dgtermine whether they are j obtaining those goals. In this piece of legislation, it is broad. It talks abaue developing a plan thak should be lmplemêneed to J come under financtal stabëlity; however, at the same timer it does state that you can develop a plan to dissolve this institution. And with education being as important as it is tn many lives of young children,and especiallyAfrkean-Americans,it is -- it is / to my detriment tha: I would have to vote No, even though this could possibly be a piece of legislation that could be beneflelal 1 ' Eo all colleges. However, We know that -- Ehat a lOt of laws have I been abused p and this is one that is too discretionary. And I ! l 47  STATE OF ILLINOIS E 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 just don't feel comfortable With this piece of legislation passing and jeopardizing the continual existence of this college in the City of East St. Louis. Thank...

PRESIDING OFFICER: (SENATOR DONAHUE) Further -- further discussion? Senator Watson. SENATOR WATSON: I l Yes. Thank you, Madam Chairman -- President. I rise in support of ehe -- the motion for concurrenee. Senator Clayborne, I -- I understand from whenee you come, but 1111 tell you, if you'd be around here for akhile and if you 'd sit on the Audit Commission when the Community College of East St. Louis comes in every -- every time there's an audlt and the findings that are just flagrant and the attitudes of those Who represent the -- the ! colleger the Community College, and the lack of respect that they have for the process here in Springfield and what we're trying to do to help them individually, I thtnk you night take a different ! attitude about this. This is not singled out for Community College of East St. Louis, but obviously that's probably the intent here because of a1l the problems that theyfve had. It's I klnd of, I guessr we 're from the government and we lre here to help, and we truly ace, ln this case, when it comes to -- to the problems that they're having. And I think that this legtslation ! I makes a major effort to try to advance that kind of concern for the pecple of -- that live and are educated within that school district. I understand from whence you come, but I Wish you 'd sit in on the Audit Commission and -- and see these folks come ln there and their attitudes. Theylre just -- just not very receptive by this Member.

PRESIDING OFFICER: (SENATOR DONAHDE) Can I ask a1l of you please to keep your voices down. I'm even starting to hear conversations up here, you're getting so l ! oud. So, let's keep our voices down and pay attention. We're at 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 that timê of the year, so let's keep our voices dcwn. Purther discussion? Senator Palmer.

Did ycu call me, Madam President?

PRESIDING OFFICER: (SENATOR DONAHUE) Yes, ma 'am, I did.

Thank you. have questions to ask of the sponsor, please. Senator Dunn, have heard a number of objectlons raised to this legislation - some concerns and I would just like to ask you these questions. When if this goes intc effect, what Will be the processr the progression, for how a district can :o through a kind of due process? Are there provisions, for example, sueh as a hearing, or is there a progression from a plan to breaking the agreement to oversight to dissolution? I dfdnfE see that in the language of the blll.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn.

Thank you. And, Senator Palmer, the Illinois Community College Board uses three processes right now: to revlew the financial, programmatic and the adminlstrative conditions of the district. I think that this bill -- and what we're sayin: this provides better options to troubled colleges than thcse thae are currently place. Currently, a college fails recognition, then the Community College Board's only option ls to cut off iEs State grant. This bill would give *he -- the Illinois College -- Community College Board and *he colleges additional options, and that's the reason that We think it's a good bill. And the college would fail recognition right now, all they could do is cut off their grants. This glves sone other relief to The bill passed out of committeey think, eight to nothing and passed out 49  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Leglslative Day May 24y 1995 of the Senate under Senator Maltland's sponsorshlp 57 to 1, as understand 1111 be glad to answpr any other questions you might have.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer.

Just one more questicn, Senator. Is -- is there considered to be an emergency situation now -- ls that why this blll is moving forward? And finally, there was a question about whekher it was before the Senate even legallyy given that passed after the deadline in the Hcuse. -- I Won't pursue that: but that Was one asked of me, so I'm asking it of you .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn.

Yeah. No, it's not designed -- it's not -- maybe it's not immedtately -- it could be put off. But Senator Maitland introduced the bill and it passed this house and then gct tigd up over the -- over in the House and came back on 718, whlch Was mine and Senator Weaver's bill with another matter on Started with a shell bill for this kind of thing. It's not -- not designed to do anything to, but other than Eo helpy if necessary, State Community College Board and East St. Louis. There 's no other -- we -- We think it's a good bill and one that's ttmely. And it's not designed to do anythkng bad to anyone. It's to help. We'd appreciate an Aye vote.

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

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'11 yield, Senator de1 Valle. 50  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 57th Legislatlve Day May 24, 1995 I SENATOR dEL VALLE: Senator, most community colleçe district boards are elected' l ( aren't they?

PRESIDING OFFICER: (SENATOR DONAHUE) Senatcr Dunn. SENATOR R.DUNN: f zes. 1

PRESIDING OFFICER: (SENATOR DONAHUE) Senator del Valle. SENATOR dEL vAscs: f This -- this bill allows for ICCB to recommend the dissolution or reorgantzatlon of the district. What role and whak authority ' does the local eleeted board have under this legislation?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn.

Elected boards serve as elected boards, as other boards do. And of course, we have a financial Watch for a1l -- there's oversight from the State Office -- Office of Education, as well as the Board af Higher Ed, to look at colleges and universities, even those that have elected or appointed boards. That's the duty of Ehe Illinois Community College Board, and this gives them a way to look into the -- kf something bad or something untoWard happens in - - to a community colleger well this gives them a right to go and do something other than just remove the -- the benefits from them, to take away the -- the funding. fo Ehls ls designed to help. Certainly not designed to hurt any community college or any other...

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

51  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislatlve Day May 24z 1995 Thank you, Madam President. I'd appreclate an Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) This is final action. And the question isr shall the Senate concur in House Amendment No. l to Senate Bill 718. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Rave all voted who wish? Take the record. On that questlon, there 48 Ayes, 9 Naysr l voting Fresent. The Senate does coneur in House Amendment No. l to Senate Bill 718, and having received the required constieutional majcrity: is declared passed. Senator Hawkinson, for what purpose do you rise?

Point of inquiry, I guess, Madam President. Many of the analysls are not yet avallable on the Supplemental Calendars. ! Some of them are in the original analyses packet that was passed I out today. My suggestion would be -- if the Cbair would concur, I Would be to call only those bills for which we have analyses and I pass over those tenporarily until the analyses have been distributed for the other bills. 1 .

PRESIDING OFFICER: (SENATOR DONAHUE) Thank you, Senator Hawkinson. Senator Lauzen, On 760? Madam Secretary. ACTING SECRETARY HAWKER: l I move to concur uith the House in the adoption of their Amendment No. 1 to Senate Bill 760. Filed by Senator Lauzen.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen. i

Thank you, Madam President. I move to concur On House Amendment No . l on Senate Bill 760. 1 PRESIDING OFPICER: (SENATOR DONAHUE) ; 52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRfPT 57th Legislative Day May 24, 1995 Is there any discussion? Senator Hawkinson. SENATOR HAWKINSON: : Perhaps the sponsor could tell us what the amendment does and what the underlying bill does, since this is final action. .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen. I

Thank you very much. House Amendmenk No. 1 contains language I from Senate Btll 395, whieh passed the Senate 53 to nothing. It's clean-up language from the Secretary of State regarding the State School Bus Driver Fingerprinting Program. Itîs that program. And then the underlying bill was the Toll Highway Authority Actr and I allows Toll Highway Authority to administratively adjudicate violations for failure to pay tolls. And that bill passed the ! Senate 56 to nothing.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Further discussion? Senator ! Lauzen mcves to concur in House Amendment No. 1 to Senate Bill 760. Those in favor will vote Aye. Opposedy Nay. The voting is ! open. Have a11 voted who wish? Have all voted Who wish? Have a11 I voted who wish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. The Senate does concur in House Amendment No. l to Senate Bill 760: and having received the... Now Senator Lauzen noW moves to -- Senator Lauzen.

I move to non-concur on House Amendmen: No. 2, fenate Bill 760. What that amendment -- okay. Because it's a non-concury no description.

PRESIDING OPFICER: (SENATOR DONAHUE) senator Lauzen moves to non-concur in House Amendment No. 2 to ! Senate Bill 760. A11 those in favor, say Aye. Opposed, Nay . The Ayes have itr and the amendment -- or, and the motion carries. I ! 53 . y . '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legtslative Day May 24, 1995 The Secretary shall so inform the House. Senakor Lauzen, for What purpose dc you rise?

On a different matter. Last nlght, we had a mption to ; reconsider House Bill 320. If I had been more clearly aware of what ke were voting on, I would have voted Yes. And I'd like the record to reflect that.

PRESIDING OFFICER: (SENATOR DONAHUE) The electronic marvel will reflect your intentions. Senator r Dillard, on Senate Bill 8187 Madam Seeretary.

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 818. Offered by Senator Dillard. !

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard. !

Thank you: Madam President and Ladies and Gentlemen of the Senate. I move to eoncur With House Amendment No. 1 on Senate I Bll1 818 Whieh is basically clean-up language and is the result ! ! , of several meetlngs held by the Illinois Telephone Association's 9-1-1 Committee. Partieipants in the meetin: included telephone 1 ! company representatives, the Illinois National Emergency Number Association and cellular carriers. I'd be happy to answer any questions, and againr basically it's technical and a slight extension of the original bill. 1 :

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscusston? Senator Berman. ! SENATOR BERMAN: E Question of the sponsor. PRESIDING OFFICER: (SENATOR DONAHUE) l Indicates hedll yield, Senator Berman. 54 . ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Leglslaeive Day May 24r 1995

As I read our analysis, the underlylng b1l1 exempts from civil liability telecommunication carriersy installers, providers from 1 ordlnary negligence liabtlity. Could -- is that correet? PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Dillard. I

Senator Berman, the underlying bill provides that an emergency ' telephone system board is not liable for clvil damages: except for willful and Wanton conduct. I have an emergency telephcne bcard ' in my area of Dupage County that wanted the same types of tmmunity, barring willful and wanton conduet, that a local government -- other local qovernment units that would run a 9-1-1 i system has. That's the underlylng portion of the bill, if thatls your quesklon, sir. I PRESIDING OFFICER: (SENATOR DONAHUE) ! Senator Berman. I

i Well, I rise in opposition to the provlsion ln here ln which I I We are granting immunity from negligent action to a provider of 9-1-1 services. Now, let me give you an example of whae I believe we are being asked to do here. You live in a community in which a private company has a contract to provide 9-1-1 services. Theyfre tn business. Theyfre a prlvate enterprise. They make mcney. They supply a service. Somebody in yeur family has a heart attack. You run to the phone. Tou plck up the phone. You call 9-1-1. The person at the other end of 9-1-1 picks it up and you say,'Iliveat123MainStreet. Mywifejusthadaheartattack. 1 . I need an ambulance.'' Wellr they mark down 32l Main Street and no one comes: and your wife passes away. It can be shown that if the I ambulance had got there on tlme, you would have saved her life. I That'sneqligence This bill - this bill - says that they dre free . 1 55  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legiskative Day May 24, 1995 of any liability, because We're going to grant them that freedom from liabillty for their negligent action. Ladles and Gentlemen: we have a court system that holds people responsible for kheir actions. Negligent actions should be recoverable. This bill i eliminates that. I urse a No vote.

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

Thank you, Madam President. To the bill: Well, what Senator Berman just alluded to actually happened in my hometown, where a gentleman called an ambulance in the clty. There were none available, and the operator gat on the line and got another ambulance. And they waited for the ambulancer and they Waited for the ambulance, and khey waited for the ambulance. And the woman died, and the ambulance service never told the operator that the anbulance was coming from twenty miles away. They could have put I their wcman ln the car and drlven her to the hcspital in four minutes. But they waited for the ambulance. This would 1et those 7 people off the hook. That should nat be.

PRESTDTNG OFFECER: (SENATOR DONAHUE) Furkher discusslon? Further discussion? Senator Dillard: to ' close. SENATOR DILLARD: I ' j Thank you, Madam President. I do want to point out to the Membership that Amerltech, for example, is already exempted frcm civil liability in its tariffs, and I believe that for the i purposes, at least of Ameritech, that we already have this type of protection for them, and I'd urge a favorable vote.

PRESIDING OPFICER: (SENATOR DONAHUE) Thls is final action. And the question is, shall the Senate coneur in House Amendment No. 1 to Senate Bill 818. Those in favor will vcte Aye. Opposed, Nay. The voting is open. Have a11 I 56 ' ')  STATE OF ILLINOIS , 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24r 1995 voted who wish? Have a11 voted Who wish? Have al1 voted who wish? Have a11 voted Who wish? Cake the record. On that question, there are 29 ayes, 28 Nays, none voting Present. And the motion fails. The Chair would now entqrtain a motion to non-concur. Senator Dillard mcves to non-concur in House I Amendment No. l to Senate Bill 818. And -- a11 those in favorr I say Aye. Opposed, Nay. The Ayes have ët. And, Madam Secretary, W;ll you so lnform the House. Senator Madigan, on 977. Madam Secretary. ACTING SECRETARY HAWKER; I move to concur With the Hcuse in the adoption of their Amendments 1 and 2 to Senate Bill 977. Offered by Senator Madigan.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.

Thank you, Madam Presidentr Members of the Senate. House Amendments No. l and 2 -- or, first of all, House Amendment No. l plaees a two-year Statute of Limitations on any action against a producer. In the Code of Civll Procedure, makes a technical change as well. And then House Amendment No. 2 added the contents of Senate Bill 979, which didn't move in the House. That Was the eontinuing educatlon for insurance agents. Passed thls Chamber 55 to nothing. I'd be glad to answer any questions and ctherwise would move to ccncur with House Amendments l and 2 to Senate Bill 977.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, this is final action. And the question is# shall the Senate concur in House Amendment No. 1 and 2 to Senate Bill 977. Those in favor will vote Aye. Opposed: Nay. The voting is open. Have all voted who wish? Have al1 voked who wish? Have a11 voted Who Wish? 1 f 57 g . '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 1 Take the record. On that question, there are 53 Ayes, 3 Nays, l votlng Present. The Senate does concur in House Amendments No. l I and 2 to Senate Bill 977, and having received the required constitutional majority, is declared passqd. Senator Fitzgerald, on Senate Bill 1094. Madam Secretary.

I move to concur With the Hcuse in the adoption of their Amendment No. l to Senate Bill 1094. Offered by Senator Fitzgerald. PRESIDING OFFICER: (SENATOR DONAHUE) 1 . Senator Fitzgerald.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 1094 was the optlonal retirement plan that we passed by a large vote out of this Bcdy. The House rolled two other bills onto it: Senate Bill 115, Which passed this Body 51 to 3, which anends the Downstate and suburban Teachers' Artlcle of the Fension Code to authorize teachers and annuitants to purchase credit for certain periods when ceasing -- when teaching ceased due to pregnancy. I'm told that teachers prior to 1983 couldn 't buy back time if they had to take a leave -- for a pregnancy. And i also it adds *he contents of Senate Bi11 1093, which passed 58 to nothing. That amends the Downstate Teachers' Article of the I Pension Code to make certain surviving spcuses qualify for beneflts as dependent beneficiaries. It's only -- applies tc persons who flrst applled for benefi*s before 1994. I'd be happy to answer any questions, and I'd appreciate a vote in favor of concurring in the two <sic> House amendments.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscussion? fenator Cullerton.

Yes. Thank you, Madam President, Members of the Senate. I'm a 58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 57*h Legislative Day May 24, 1995 cosponsor of the bill, and I urge all of the legislators from Chlcago to help the downstate teachers in this effort. PRESIDING OFFICER) tEENATOR DONAHUE) This is final action. And the qu#stion shall the Senate concur in House Amendment No. l to Senate Bill 1094. Those favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a1l voEed who wish? Have all voted uho wish? Take the record. On that question, there are 58 Ayes, no Naysy ncne voting Present. The Senate does concur House Amendment Nc. 1 to Senate Bill 1094, and havlng received the required constitutional majority: is declared passedv Senator Dillard, on 1187. Madam Secretary.

move to concur with the House in the adoption of their Anendnent No. 4 to Senate Bill 1187. Offered by Senator Dillard.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

Thank you, Madam Presldent and Ladies and Gentlemen of the Senate. This is the much heralded truth-in-senteneing bill that has garnered, at least as a topic, a lot of attention tn the media, and I believey whether you dre a Demccrat or a Republican: a media attention during the last - latter part of the campaigns of all of usr as Well as the gubernatorial candidates, last fall. Before I begin, let me thank SenaEor Carl Hawkinson for his leadership on thts, Senator Tom Dunn and Senator Ed Petka. And I -- a of us in this Body I don't or sometimes don't realize how fortunate we are to have people of Tom Dunn, John Cullerton, Carl Hawkinson and Ed Petka's expertise and experience in the area of criminak law, and we all owe them a debt of gratitude in the structuring of this particular bill. As I said, 59  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 this ls the truth-in-sentencing proposal. It is -- that's the major part of this amendment. This bill -- or amendment from the House also adds a number other bills that passed almost unanlmously over in this Body earlier this year: Senate Bi11 of Senator Petka's, which is a forfeiture cleanup; genate Bill 89l of senator Petka dsz which is controlled substance violations for each drug ; Senate Bill 427 of Senator Donahue, that tncludes hospitals operated by units of local governments withln the Hospital Lien Act; and also it adds Senate Bill 706 of Walter Dudycz: that allows police officers to stop and questlon and arrest persons outside of the officer's jurisdiction when investisating an offense that occurred in the officer's jurisdiction when he becomes aware of it while on duty elsewhere. These kere a11 provisions of Cook County State's Attorney Jack O 'Malley. LeE me very briefly tell you What this truth-in-sentencing bill contains. It saysr first, that crlminals must serve one hundred percent of their sentence and are not eligible for merltortous good time or other good tine prcgrams the case of first degree murder; that they must serve eighty-five percent of the sentences and are not eligible for meritorious good time or other good time programs for the following : attempk Eo commit first degree murderr lntentkonal homlcide of an unborn child, agqravated crimtnal sexual assault, criminal sexual assaultz aggravated battery uith a firearm, heinous batteryr aggravated battery of a senior citizen, aggravated battery of a ehildr solicitation for murder, sollcltaElon for murder fOr hire and aggravated kidnapptng. And in the instances involvins great bodily harmy inmates must serve eighty-five percent the sentence and are not eligible for meritorious good time or other good time programs for home invasion, armed robbery: aggravated vehicular highjaeking, aggravated discharge of a firearm, armed violence with a category I or category 11 Weapon. This also 60  STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 establishes a Truth-in-sentencing Commission to allow us in the State of Illinois to make a number of improvements in truth-in-sentencing and also to watch very carefully and monitor what the federal qovernment is doing with respect Eo this particular subject matter, that I believe all our constituents out there have brought to our attentiony that they are perplexed why people do not serve a majority of the time they are sentenced. I'd be happy to answer any questions, Madam President.

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

Thank you, Madam President, Members of the Senate. tco, Want to applaud the Chairman of the Judiciaryy Senator Hawkinson, and others who have wcrked to make this bill become a reality. I know that Senator Jones and Iy at least on this side and several on -- on your side, have had bills in for the past couple of years, and glad to see that at least cne -- even if it's a little narrower, at least one is -- is moving forward. And I hope that all of us can get behind this bill and send a strong message to the Governor that it's time to implement truth-in-sentencing in Illlnols.

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

Thank you, Madam President. I want to join my colleagues and say that think this is an excellent bill. 80th sides worked very well together on this bill, and I think therels a good reason for that. There's no question that we in society today have a great problem with violent crlne, and this btll truly does something about it, about those lndividuals that have forfeited their right to walk in our neighborhoods and to take freedam away from us, because that's essentially what they have done. These  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 individualsr it's satd, will cost an extra three hundred and twenty-four million dollars over ten years. I really don't think that figure -- it's well-lntended, but don't think it's accurate. I think it will be less, because in talking to the Department of Correctionsy one of their gentlemen told me that he thinks that seventy-five percent of those people who commit these acts will be back in prison, were they to serve their normal half terms in prison. And if that's true, then we're just merely preventing more crimey and we're locking those people up longer and that's good for society.

PRESIDING OFFICER: (SENATOR DONAHUE) Eurther dlscussion? Senator Eawell.

Thank you, Ladies and Gentlemen of the Senate. too, think it's a -- it's a good bill, but wonder if anybody has noticed what the price tag is going to be. Accordin: to our analysis, even without this bill, we're going to have to build at least fifteen new prisons over the next ten years. We have built one prlson every year that I have been down here, which means fifteen prisons. Now, in the next ten years, you're going to have to butld fifteen more without this blll. This bill carrles a price tag of three hundred and twenty milllon dollars over the next *en years, and the murder enhancement does not impact until years (20)11 to (20)18, Which Will be an additional four hundred million dollars. I doubt very much that I'm going to be down here: but for those of you who probably will be, good luck.

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

Sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DONAHUE) Indlcates hedll yieldr Senator Geo-Karis. 62  STATE OF ILLENOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995

understand there was a movement afoot in the House to repeal khe guilty but mentally il1 1aW. Your bill does not do thatr does

PRESIDING OFPICER: (GENATOR DONAHUE) Senator Dillard.

. . .ma 'am . No, ma'am, lt does not.

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

Madam President and -- and Ladies and Gentlemen of the Senate, speak tn favor of this bill and urge complete passage of it by all of us.

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

Thank your Madam President. too, rtse in support of concurrence on senate Bill and want to compliment the sponsor and also compliment Attorney General Jim Ryan and State's Attorney Jack O'Malley and many others who have crafted this proposal. Yes, there ls a prlce tag to this bill. Yes, we have been building and will continue to build prisons ln Illinois. But as Senator Dunn pointed outr there is a very hish eost when we dcn 't keep the most violent offenders in prison and away from ccmmltting new crimes on our citizenry. Perhaps one mention that has not been adequately addressed is the work of those who have been crafting this provision and -- and the -- the reascn, in partr this commission is established is because our work is not yet done . We do not yet know from our contacts with the Congress and uith the Judlckary committee of the Congress, and particularly *he House, wha: the final erime bill definition of violent crimes will be to 63  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Leîislative Day May 24, 1995 qualify for the federal money for law enforcement and for Corrections. So We're going to need to remain flexible and perhaps follow up with a trailer, and the work will go on to make sure that thq money that is available from Congress for Corrections is captured. And I know that with the leadership of Attorney General Ryan and State 's Attorney Jack O'Malley and the Governor and others: that we will -- we will stay abreast of thcse developments.

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

Yes, thank you, Madam President, Members of the Senate. wanted to respond a little to an lssue raised by Senator Fawell. stand ln support of the bill, and don't think we have to be as concerned about the cost, because the only way this is going to cost us extra money is if we appropriate extra money. perssnally don't think that we will have the political will or the ability to even build prisons fast enough to accommodate the people that will be incarcerated as a result of this bill, but I don't thtnk that's necessarily a bad thinç. We are fifteen thousand beds short right now. We are just about on the verge of having a federal judge monitor our State prisons. Nok, that's what's goins on right now in Cook County. Way it works in Cook County is Judge Shadur gets a report once a month from the John Howard Society as to ho< many peoplê are in the county jail, and kf khere 's too many people, Judge Shadur let's them go . He says: ''Let 'em out.'' And that's what will happen with our 6Ea*e penitenElary, but not necessarily - and repeat not necessarily a bad thîng . Because; Eirst of all, we won't be *he ones thaE are letting these prisoners go. Itlll be the Department of Corrections Will be ordered by a federal judqe to do so. And then he whoever ks *he head of the Department of Corrections 64  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 will prioritizer and the people who are the mcst dangerous felons, they'll be in jail. They'll stay in jail. And those Who are the less danserous, theylll be releasedr without any political heat for us, I might add. Or the federal judge will say, 'Youtve got to build more prisons,'' and then he'll tell us to raise taxes to build the prisons. Both ways, politically, we're off the hcok. The more serious prisoners will have to stay in jail, and i*'1l be a somekhing which is, perhaps a little irresponsible, but the pclitical reality is that's the Way it works. We cannot pass a bill to lower penalties. We cannot pass a tax increase to pay for more prisons. And so, what we do instead is pass a bill like this, puts people in jail for a longer period of Eime and let's some federal judge declde who should be let out. It's -- not responsible, perhaps, but it's -- it's a system that Will Work, and as a result, we should pass this bill. There are some things that were thrown in herey like a1l conference commlttees that -- are ehings which would pgrhaps not vish to vote fore because there must be at least ten cr flfteen bills. But overallr the main part of the bill is the truth-in-sentencing, and I think iklll have Ehis effect: It results in federal courts taking us over: but it's not that bad a result for society. And I also urge an Aye vote.

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

Thank you very much, Madam Presiden: and Members of *he Senate . I guess if Ehis uere Een years ago When I Nas still the State's Attorney of W11l County, this would have been a very, Veryy very lmportant and happy occasion. In a sense, it still is. But a couple of speakers have alluded to what is going to be a reallty. The reality is this: that sometime in the next decade? we are going to be required to gather politlcal fortltude that, at 65  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24: 1995 least from my sensey is beyond most, because We are to -- we are going to have to engage, perhaps, in the mos: ambitlous prlson building and constructian that this State has ever seen. Should it be dpne? No questton. Absolutely. The Natianal Institute of Justice for years has pointed out that any cost analysis, cost benefit, of any criminal activity shows that for every person who is an offender that is locked up, that the chances are that we have deterred at least ten times in terms of the cost it takes to incarcerate a person. That's simply a statistical fact. But the real important question that wg dre going to have to ask ourselves down the road is how long we, as a Body, will continue to cater to very narrow special lnterests, as it pertains to how we house our prlsoners, because the fact of the matter is that I thcught, and then later withdrew *he thought, of tacking on what I consider to be a natural addendum to tbis billr and that is a very cost-efficiene way of constructlng prisons through privatization. But that's not somethlng tha: wedre going Eo have Eo go aut and try to slam down people's throats, beeause the fact of the matter is that it's only a question of time before the pecple of the State of Illinois rise up -- rise up as a single voice demandin: such: more cost-efficiency and more people being locked up for dastardly deeds. So, Senator Dillard, I dc salute you because I believe that you have hastened the day When my idea towards incarceration will become a reallty.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Collins. SENATOR COLLINS; Yes. Thank you. Questlon of *he sponsor and...

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

Sena*or, could you give me your definition of intenticnal 66  STATE OF ILLINOIS ! 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 57th Legislative Day May 24r 1995 homicide of an unborn child? It is in the Statute, and I Was just getting ready ko -- to lcok at it. I ;

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard. Senator Collins.

That's one of the -- the crimes that eighty-five -- they Would have to serve, I think, eighty-five percent of their time. !

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard .

Senator Collins, basically it's an attack on the mother that causes the death of the fetus, and I would just refer you to 720 of the Compiled Statutes. It's 5/9-1.2, and that explains what it is. But basicallyr it's an attack on the mother Whtch kills the fetus.

PRESIDING OFFICER: (SENATOR DONAHUE) Further -- Senator Collins.

And in this case, the person will have to know that -- that the mother -- that the woman is pregnanty because you said ''intentional''.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

Senator Ccllins, yes. The perpetrator would have -- have to recognize that the woman or underskand tha: she ls pregnant.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.

Do you have any idea -- and I know when I came to the Ploor they Were talking about estimated cost. Do you have any idea how many additional prisoners that we will -- in khe varkous 67  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 categoriesr that we will increase the population per year?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard. ;ENATOR DILLARD: Senator Collins, for all of them , the ten-year figure estimate that wefve been given is about thirty-seven hundred inmates.

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

Thank you, Madam President, Members of the Senate. I Would request to the President that everybody khat's going to vote for this bill, please stand up and suppart it and speak to it. And a11 of those of you who are going to vote against it, please be silent.

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

Thank you, Madam President and Ladies and Gentlemen of the Senate. I believe when peaple look back at this particular leglslatlve Session, that this will be one of the things that they remember this partlcular General Assembly for, starting us on the path of truth-in-sentencing. We are -- and Senator Cullerton alluded tc the lssue: but we are one of the few states that has not been subjeet to federal court intervention in the running cf our penieentiaries. And I believe that a lot of the credlt goes to former Governor Thompson and Governor Edgar, along with a number of excellent, excellent Illinois Department of Corrections direetors over the pasE twenty years in the State of Illinois. And: obviously a lot of credit goes to Ehe Illinois General Assembly' kn tgrms of making sure that We have provlded the monles to bulld a penktentiary system wi*hin reason. balancing all of the 68  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legkslattve Day May 24, 1995 other constralnts we have, and pressures education and health care - in the State. But the fact of the matter is, Illinois is one of *he few correctlonal systems that ks not subject to the federal government running it. Let me just say this: believe we cheapen life if We allow somebody to serve fifty percent of their sentence when they've committed homicide or murder. Our neighbors know and they rightfully complain, and they asked me, when I went door-to-door, why defendants convicted of violent crkmes now serve half of their sentence or, unbelievably in some cases, as little as one-third of the amount of time that they're sentenced to. This bill moves us the right direction, as Senator Hawkinson has pointed outr and it's the direction; Ladies and Gentlemen, that I know of that almost everyone in Illinois wants us to go, and that's lock up murderers and violent criminals for their real sentences and not let them out to rape, murder and pillage again and again and again. So I think we shauld a11 da what we told the voters we were going to do last fall, and that's get tough on violent crime and vote Yes for truth-in-sen*enctng. Thank you very much.

PRESIDING OFFICER: (SENATOR DONAHUE) This is final action. And the question ls, shall Ehe Senate concur in House Amendment No . 4 to Senate Bill 1187. A1l those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have al1 voted Who Wish? Have all voted Who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, 2 Nays; 3 voting Present. Senate does ccncur in Hcuse Amendment No. 4 Eo Senate Bill 1187, and having received the required constitutional majority, is declared passed. Senator O 'Malley, on Senate Bill 1200. Madam Secretary.

I move Eo concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1200. 69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Leglslative Day May 24p 1995 Offered by Senator O'Ma11ey.

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

Thank you, Madam President and Members of the Senate. You will recall that Senate Bill 1200 is the -- is an initiative of the Seeretary of State's Offlee, who is also the State Librarian. is his goal, as -- as is one that share, that some day every person in Illinois has the opportunity to be a member of a public llbrary. When the bill was firs: presented here: there was some concerns raised by the Munictpal Leasue about some of the language contained in the bill, and House Amendment No. is the effork address their concerns. We believe this was a minor concern, and to describe to you what was, was regarding the fact that two or more ncncontiguous areas of a library district being able tc contract fcr library service With an exlstlng library if each area is contiguous with the bcundaries of the existing library. Thls - - thls amendment takes care of the issue by -- by deleting the language that would allow that to happen. furkher changes references to the regional councils that are being set up under this legislation by referring to them as panels instead of authorities, ia order to refleet the advisory nature of the the panels or authorities. So request Lhat we concur in House Amendment No. 1 to Senate Bill 1200.

FRESIDING OFFICER: (SENATOR DONAHUE) Is there any diseussion? Any dlscusslon? Seeing none, this is final action. And tbe questkon is. shall the Senake concur House Amendmeat No. 1 to Senate Bill 1200. Those in favor will vote Aye. Opposed, Nay. The votins is open. Have all voted who Wish? Have al1 voted who wish? Have all voted Who Wish? Take the record . On khat questiony there are 59 Ayes, no Naysy none voting Present. The Senate does concur in Rouse Amendment No .  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24y 1995 to Senate Bill 1200: and having received the required constitutional majority, is declared passed. Senator Parker, on Senate Bill 1202. Read the -- or, Madam Secretary. ACTING SECRETARY HAWKER : . I move to concur with the House in the adoption of their I I Amendmeat No. 1 to Senate Bill 1202. I Offered by Senator Parker. I I I

PRESIDING OFFICER: (SEXATOR DONAHUE) Senator Parker.

Thank you, Madam President: Ladies and Gentlemen of the Senate. I move to coneur with the amendment for Senate Bill 1202. 1202: to remind ycu, requires that vehtcle owners Who sell rebuilt vehicles, to furnish to each vehicle purchaser a Dfsclosure of Rebuùlt Vehicle Status Form and a copy of the warranty that it has been reinstaeed . What this amendment simply does is incorporate changes agreed to by the Secretary of State, the insurance industry and adds language, also, that was requested. Aqtually what it says is that for the rebuilt notatlon, that it provides that the vehlcle manufacturer must reinstate the original manufacturer's warranty of a theft recovery vehicle if the owner of the vehicle meets certain requirements. And it broadens ''essentlal partsd'. It wants to have resulation done by rules: because ''essential'' sometimes can mean if a door is missing fron a car and then all of a sudden that essential part is -- means that that car cannot have a rebuilt title. So they want to be able to have a little bit of flexibility with that. I Would be glad to answer any questions, and I ask for concurrence on this bill. I PRESIDING OFFICERI (SENATOR DONAHUE) Is there any discusston? Is there any discussion? Seeing I I ncne, this is final action. The questton is, shall the Senate I I concur in House Amendment No. 1 Eo Senate Bill 1202. Those in ' I 71  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 favor will vote Aye. Opposed: Nay. The votinq is open. Have all voted who wish? Have a1l voted who wish? Have a11 voted who Wish? Take the record. On that question, there are 58 Ayesr no Nays, none voting Present. The Senate does concur in House Amendment No. 1 to Senate Bikl 1202, and having received the required constitutional majcrity, is declared passed. Senator Fitzgerald, for what purpose do you rise? Ohr a11 right. Senator Fitzgeraldr on Senate Bill 1208. Madam Secretary.

move to concur with *he House in the adoptlon of thelr Amendments 2 and 5 to Senate Bill 1208. Offered by Senator Fitzgerald.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fktzserakd .

Thank your Madam President, Ladies and Gentlemen of the Senate. Senate Bill 1208 was a Secretary of State's proposal in order to tighten some locpholes that exist in the regulation of business cpportunities and loan brokers and business brokers this State. The House has pu* Ehree amendments on - House Amendment 1r 2 and 5 - and I'm moving that We concur in those amendments. Hcuse Amendment l deleted a provisian We had in the origlnal Genate bttl which authortzed the Secretary State to deny, suspend or revoke the llcense of a securities dealer who was delinquent ln child support payments. We would like to work and ge* thls -- the goal of that language accomplished; however, the way it was worded in the bill raised the objection of the Department of Public Aid. House Amendment No. removes exempts institutional investors, sophisticaEed inveskors and securities sold to a small number of investors. These are dealers who are already regulated so Ehat had *he Act not exempted Ehem: this regulation Would have been duplicative . And finakly , House  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 I No. 5 Was a request of the Chicago Board of Trade. It tcok away ' the authority for the Secretary of State to levy a transaction I fee. I'd appreciate a favorable vote in concurrin: on these House amendments. I i END OF TAPE 1 TAPE 3

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any diseussion? Spnator Carroll.

Thank -- thank you, Madam President, Ladies and Gentlemen of the Senate. Yes, Senator Fitzgerald identifled that the first amendment struck an amendment of mine that would have required the Secretary of State ko deny this type of license to someone who had been in arrearage on child suppcrt. The Secretary of State's Office indicated to us in committee this morning that they will work with us to try and come up with language that they believe can be more effective. Nobody knows why the Department of Public Aid said that they object to the language. Senator Fltzgerald has indicated to me he tired to find out and could not find out. Our staff did likewise. Senator Fitzgerald was gracious enough to indicate hey toor wants to solve this problem and will work with us over the summer. We've been unable still Eo find out why Public Aid objectsr but we wish to contlnue to work on lt over the summer and try and find a way ko make sure that people who ccme kn and sell securities in our State are not in arrearage in our State to their spouses for child support. And with that, I Would urge concurrence in Amendments 1, 2 and 5. I I 73  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24: 1995 PRESIDING OFFICERI (SENATOR DONRHUE) This is final action. And the question is, shall the Senate concur in Hcuse Amendments 2 and to Senate Blll 1208. Those in favor will vote Aye. Those opposed, vote Nay. The yoting open. Have a1l voted who wish? Have a11 vo*ed who wish? Take the record. On that question, there are 58 Ayes, no Nays: none voting Present. The Senate does concur in House Amendments 2 and 5 to Senate Bill 1208, and having received the required constitutional majority, is declared passed. On the bottom Supplemental Calendar No. we are going to the Order of Motions in Writing to Reconsider *he Vote. Bottom of page 4. On that Order is Senate Bill Senator Maitland. Madam Secretary.

Having voted on the prevailing side, move to reconsider the vote by which *he Senate concurred pardon'me, non-concurred in House Amendments l and 3 to Senate Bill 274. Offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

Thank ycu very much, Madam Presldent and Members of the Senate. This morning I non-concurred in -- in these two amendments Senate Bill 274 in an attempt to accommldate What appeared to be an error the language. We later found tbat that gas not true. So, Madam Chairman, I would, again, renew my mction, having voted on the prevailing side, reconsider the...

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion?

.. . reconsider the vote -- I'm scrry.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton. 74  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995

Yes. Would the sponsor yield? PRESIDING OFFICER: (SENATOR DONAHUE) i He indicates he 'll yield, Senator Cullerton. SENATOR CULLERTON: i : ; Senator, you've peaked myinEerest. IthinkIaskedyouif j this was goins to a conference committee and you said yes. So you obviously thought that something was going to be added and now , apparently, that's not going to be added. Can we just find out what the conference committee would have been? l . I

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland. SENATOR MAITLAND: ; Senator, I thought I -- I explained that. The -- a Member from the House thought that there was a -- perhaps, was an error in the language that needed to be changed, later found out it didn 't. I was acting in a haste to get it done quickly. There would have been nothing else in the conference commlttee but that change.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing noner havin: voted on the prevailing side, Senator Maitland moves to reconstder the vote by which Senate amendment -- House Amendments 1 and 3 were non-concurred. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion carries. Senator -- or, Senate Bill 46. Senator Mahar. Madam Secretary.

Having voted on the prevailing side, I move to reconsider the vote by which the motion to non-concur with House Amendment No. l to Senate Bill 46 was adopted. Offered by Senator Mahar l . I PRESIDING OFFICER: (SENATOR DONAHUE) I I Senator Mahar. 75 . y, '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislatkve Day May 24, 1995

l Thank you, Madam President. We considered this bill thls I morning as the very first bitl. It deals with *he issue of Brownsfields. I think there Was some misconcepefons. I thlnk there is far more support for it than may have been shawn this morning, so I would mcve that we do reconsider this ! non-concurrence vote. PRESIDING OFFICER: (SENATOR DONAHUE) ' Any discussion? Any dlscussion? Seein: noner havin: voted on the prevailing -- Senator Berman, you got to be quicker. SenaEor Berman.

Thank your Madam President. This is a -- a bill *hat according to our analysis, the Governor's Office, the Environmental Protection Agency, the City of Chicagor the Illinois Environmental Council, a1l are opposed to because of the price tag that is involved and the pollution that is carried With this approaeh Eo the cleanup problem . It was the first bill called, but it was -- I would suggest to you that the vote Was good in preventing this bill from moving out. It's going to impact, by millions and millions of dollarsr upon us and future generations with glving a windfall to a select few of business and corporabions. The only way you're going to try to address this problem ks With some cooperaticn through business and government, instead of givinç them a free ride. Again, I urge a No vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Xou have heard khe motion, and havins voted on the prevailing side, Senator Mahar moves to reconsider the vote by Which House Amendment l was non-concurred. A11 those in favor, say Aye. ! Opposed, Nay. The Ayes have itr and the amendment is 1 non-concurred Ksic>. Are there any further motions?

76  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 Having voted on the prevailing side, we mcve to reccnslder the vote by which the motion to concur in House Amendment No . to Senate Bill 46 failed. Offered by Senators Farley, Rea, O'Daniel, Jacobs and Shadid.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Farley.

Thank you, Madam President and Ladies and Gentlemen of the Senate. I would move the -- that we reconsider that vote. thtnk this issue has been dlscussed at great length several times, and I wculd so move, Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) Any dëscusskon? Any discussion? Having voted on the prevailin; side, Senator Farley moves to reconsider the vote by which Amendment No. to Senate Bill 46 failed. those in favor al1 those in favor Will vote Aye. A11 opposed will vote Nay. The votlng ls open. Have voted who wish? Have a11 voted whc wish? Have all voted Who Wish? Take the record . On that question, there are Ayesr 8 Nays, voting Present. The motion carrles. And the question before the Senate is Senate Bill 46. Senator Bermans for whae purpose do you rise?

A point of inquiry. Could the Chair explain the Maitland motion, the Farley motion and where we are now on Senate Bill 46 -- or, Mahar motion?

PRESIDING OFFICER: (SENATOR DONAHUE) The concurrence notkon ts before the Body . Senator Berman.

sorry to do this, but I'm confused, and I'd like to understand. Senator Mahar made a motion to reconsider. That motion prevalled. What was lt that he noved to reconsider and what was the motion -- what did senator Farley move reconsider? Are  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57*hLeglslativeDay May24,1995 1 ' I theyduplicate,orweretheydifferent?

FRESIDING OFPICER: (SENATOR DONAHUE) 1 I They are different. Senator Berman. SENATOR BERMAN : . What -- what is the difference? What are we being presented with, if I might ask?

PRESIDING OFFICER: (SENATOR DONAHUE) ...are being presented with Senate Bill 46 cn a concurrence motkon. You are confronted wëth Senate Bklt 46 on a concurrence motion. Senator Mahar, on Senate Bill 46. Read the motion, Madam Secretary.

I move to concur with the House in the adoption of their Amendment No. k to Senate BilL 46. Offered by Senator Mahar.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.

Thank you, Madam President. And certainlyv for the last time, I bring before you the issue of Brownsflelds, the issue of how we will -- remediate sites which have not been remedlated throughout the State of Illinois, 1ay vacant: 1ay abandoned, are not -- are not employing Illinoisians or producing anything for our economy. This hasr as you know, the level-of-risk assessment to determtne what the cost and what the type of remediation will be. It alsa has, of coursez the controversial provkskons dealkng with the liability provisions regarding cost apportionment and -- which is made compatible with current law. I think we've debated this quite a bit. I Want to thank the Illinois State Chamber, the IMA, the bankers and many others Who have Worked a long time on this bill, and I would ask for your support. I PRESIDING OFFICER: (SENATOR DONAHOE) I I 78 ' ( I STATE OF ILLINOIS ! 89TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 Any dtscussion? Senator Berman. SENATOR BERMAN: Thank your Madam -- thank yau, Madan President. Ladies and Gentlemen of the Senater let me explain to you and take a moment of your time as to what this bill does - and I apologize for perhaps repeating my arqument - but this is a very important change regarding contaminated property. Under the 1aw that exists before Senate Bill 46, Super Fund contamination liability is based upon joint and several liability. What that means is that if ycu contributed to the contamination - if you contributed to the contamination of a site - your contribution to that contamlnatlon made you liable. The reverse of that is that the State - and that means you, me and every other taxpayer in the State who did not contribute to the contaminatlon - can look to those who had any role in contamination to bear the entire cosE of the contamination. Nowr there may have been some inequities in that approach, but I would suggest to you that when you Weigh the non-contribution of the people of the State and the contribution of the people that partictpated in the contamination, the State Was free of any fault. This b#ll changes thatr and it says that unless the State can prove - can prove - the contrtbutlon of anyone who had a chain of cwnership or chain of contaninatLon: what you cannot prove - and you're talking about some sites with a dozen owners, twenty, thirty, fifty years of -- of cwnership and contamination - what you can't prove, the State is going to have to pay for. I just suggest to you when you weigh the merits between persons who owned ity whc made a profit fron it, who contaminated it versus *he non-contribueion, the non-fault of the taxpayers of the state of Illinois, you ought to ccmg dcNn on *he slde of the taxpayers of Illinois and vote No on this bill, because youbre givtng a free ride to those people who contaminated this site but because of the time, because of the questions, 79  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 because of the issues, theydre going to walk away . That's not falr to you, to me, to our voters who are the taxpayers who are going to have to pick up the tab of the volumes of millions of dollars of costs that Ehis bl1l is golng to impose. urge a No vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

Thank you, Madam President. This bill is being pu* forward the phony belief that somehow these properties will be returned to useful purposes; that if they are somehow determined to no longer be contaminated, by the wave of a wand, by the ruling of a committee, suddenly individuals are going to want to purchase these properties and put a building on them . Ask yourself this: If you were going to build a building or start a business, would you buy property that had been contaminated? I don't think so. The number one tndividual who's been pushing for turning property into useful property has been the Mayor of Chicago and their City Council. They're opposed to this. The Governor is -- is the head of bringing in business to the State of Illinois, and he's opposed to this. This is a thinly-veiled attempt to 1et a grcup of corporations off the hook for pollutîng our land and our Water. You know, April 22nd each year Earth Day. we pass this out of here and the Governor signs we should declare this day to be Contamination Day, because that's what we're going to agree to by passin: this 1aW.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussicn? Senator Palmer.

Thank you, Madam Prestdent and Members of the Body. too, urge a No vote on this bl11. What we are doing ls approving of no-fault tcxic waste, and if you consider what Senator Berman said, addition to the fact that the State can 't afford to pay 80  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 these costs, you are also asklng them to agree to a logjam of court cases as they try to decide the exact share of damage for which each group if responsible. Now, we have spent a11 of this Session and others trying to rid the courts of some of the backlog by speeding up various processes, and yet, for the sake of, as Senator Welch pointed out: a fiction that somehow we're going to build buildings on contaminated land, tbat we are willing to allow this to go forward. think it is absolutely the wrong thing to do, and there was a reason we kept voting this down. If I -- if memory serves me, this is the third or fourth time we dve voted on itr and we voted properly, No, in each case and should continue to do so.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Trotter.

Thank ycu very muchr Madam President. agree With the previous three speakers. The problem With this legislation, for one, is that there is no dollars there. There is no funding source for this provision whatsoever. The Illinois Envircnmental Protection Agency is against this provision. The Governor has said thaE he ts against thks provkskon, and we just need to be voting No on The orphan shares is a blg problem. Thls not the way to resolve lt, and I request everyone to vote No on this issue.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell.

Thank you very much. Ladies and Gentlemenr happen to have a number of small gas stations in my area that have been clased because wer in our great Wisdom, have decided, long after the stations had opened, that they had now contaminated the land. These gas stations were owned by small businessmen. And, 81  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 basically, what we did was we pu* them out of business. These companies, these small businessmeny have gone bankrupt. Those gas stations are now sitting on these corners, boarded up, or sometimes they dre torn dcwn, and that land which is very valuable and could be put into retall stores or other entities, are noW laying vacant. If we ever want to get that land back into productive use, if we ever uant to be able to get Ehese -- these corner spots used again, we should pass this legislatton. You've al1 got 'em. We a11 ought tc vote for it.

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

Well, thank your Madam President. This has been an exasperating issue for me, and I appreciate the support that it has received in the House roll call, as well as the roll calls we have had here earlier today and just recently. The plain, simple fact of the matter is that we have these sites that are contaminated, abandoned, vacant, scattered throughout the State of Illinois, and many of them are in the City of Chicago, and none of them none of them - are being cleaned up. Why is that? First of we have a -- an assessnent process here that no matter what use you lre going to have for the land, you dre going ko have Eo clean it up to the maximum efficiency. We've changed that. That is gotng ta reduce the cost. We have a three-tiered effect by which we will match the remediation with what the use for the land is going to be. Secondlyy nobcdy, no corporation, is going to make an invesEment in cleanlng up and reproducing and putting something back on the tax rolls and maklng 1* an efficient business, employing Illinoisians, if they're not going to be assured that they're no* going to be sued every step of *he way, constantlyy and that -- thus, lose their return. had a site 82 r ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 57th Legislative Day May 24, 1995 my previous district where there was a -- a -- an operation that - - that recycled otl. And under the laN today - you talk about fairness - under the law todayr they found the paperwork of a11 the people that contributed to that site - it cost fourteen million dollars to remedlate - and under our law today, there was a gas station who -- who sent over a ten-year period, two barrels to that site. Under our law, he would be liable for a whole fourteen million dollars. No wonder nobody's investing in these sites. Let's change it. Let's do the right thing, and I Would ask for your support. PRESIDING OFFICER: (SENATOR DONAHUE) This is final action. And *he question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 46. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who Wish? Have all voted uho wish? Have a11 voted who Wish? Take the record. On that question, there are 41 Ayes, 12 Nays, 2 voting Present. The Senate does concur in House Amendment No. 1 to Senate Bill 46, and having received the required constitutional majority, is deelared passed. Now if you will look on your desks, you will notice a Calendar -- Supplemental Calendar No. 1r page 2. It ts separate from your origknal Calendar, and at the top of that is Senate Bill 79. Senator Fltzgerald. Madam Secretary . ACTING SECRETARY HAWKER: I nove to concur With the House in the adoption of their Amendments 2 and 3 to Senate Bill 79. Offered by Senator Fitzgerald. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzqerald. SENATOR FITZGERALD: Thank you, Madam President. House Amendment No. 2 is a cleanup proposed by the Illinois State Bar Association's administrative 1aW section counsel. It Was the provlsions of I I 83  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislatlve Day May 24, 1995 I I Senate Bi11 868, sponsored by Senator Hawkinson, that passed out of the Senate 58 to nothing. %he House put this on here because i they were tryëng to coklapse thelr legislatlon. House Amendment No. 3 adds the text of Senate Bill 640, sponsored by Senator Hasara, that passed the Senate 56 to nathing . That bilk amends the Probate Act of 1975r and as I understand it# was proposed by the Bar Association's estate planning provision. There were no -- there was no opposition to those bills. So I'd appreciate your concurrence on House Amendments 2 and 3.

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

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DONAHUE) Indlcates he'll yield, Senator Geo-Karis.

The -- your bill, at the present time then, does provide that tenancy by the entirety can be effective in a land trust.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald . '

Senator Geo-Karis, the provisions concerning land trusts and tenancies by the enttrety were parE of the original bill, but the House folded that intc ancther bill. That is no longer part of the bill. The only portions in the bill are these tWo House Amendments No. 2 and 3.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none, Senator Fitzgerald moves to concur in House Amendments 2 and 3 to Senate Bill 79. Those in favor Wi1l vote Aye. Opposed, Nay. The Voting is open. Have all voted who wish? Have a1l voted who wish? Have al1 voted Who Wish? Take the record. On tha: question, there are I 84 ' l . . r- STATE OF ILLINOIS 69TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th tegislatlve Day May 24, 1995 I 58 Ayes, 1 Nayr none voting Present. The Senate does concur in House Amendments 2 and 3 to Senate Bill 79. Senator Fitzgeratd. ' Madam Secretary. ACTING SECRETARY HAWKER : I mcve to non-concur with the House in the adcption of their Amendment No. l to Senate Bill 79. Offered by Senator Fitzgerald. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald. SENATOR FITZGERALD: Thank you, Madam President, Ladies and Gentlemen of the Senate. House Amendment No. l to Senate Bill 79 got back into the adoption issue and created an irrevocable denial of paternity with entry of appearance in irrevocable consent to adoptkon form . It Was reopening the whale Baby Richard bill and, in fact, wculd amend some of the laws that Ne 've passed very recently. And I ask that this Body non-eoncur in Hcuse Amendment No . 1. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, Senator Fitzgerald now -- Senator Welch. SENATOR WELCH: I have a question of the sponsor. PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he 'll yield, Senator Welch. SENATOR WELCH: Senator Fitzgerald, you said this amendmenE was added because it would have clarified the situation in the Baby Richard case, Or nok? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald. SENATOR FITZGERALD: No. No: Senator Welch. As I understand itr this was a bkll 85 !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Leglslative Day May 24, 1995 for one father, believe, the Springfield area who was attemptkng to manipulate the law for his particular adoption case, and it created a new form, which if executed and acknowledged by a father, then it would be irrevocable unlegs is obtalned by fraud, and would allow for the adoptions. And it -- it reopened the whole issue that we dealt with. It did not clarify the laws that we had prevlously passed, and I felt that we need to let that law settle before We start changing the adoption laws cnce again.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

Well is the current form for a father denying paternity irrevccabke?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald.

I do not know the answer to that question. It probably ls. would tell you that this amendment - this House Amendment No. is unanimously opposed by the family law section counsel of the Illinois State Bar Association. The Bar Association oppcsed this House Amendment No . and Ehat has weighed heavily in my thinklng that we -- we should reject it.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

Senator, you know those Bar Associatkon committees are voluntary groups that any group of people can get on if they sign a form and say HI want to be on that committee.'' So, those groups can be controlled by one particular side of the bar against another. But seems to me if we don 't know khis is makinq it touqher on revokin: adoption consents, or tougher on revoking 86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legkslative Day May 24, 1995 denials of paternity, maybe we should pass If this would clarify that Baby Richard case, which it sounds to me like would do, it would have said that that was irrevocable. don't see Why we don't pass

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

Thank you, Madam President, Ladies and Gentlemen of the Senate. I -- I Was interested in your observations, and as the -- one of the cosponsors of the legislation that addressed that issue Baby Richard and after consultation wL*h some of the attorneys representing tbe Bar Associaticn Who 've carefully reviewed it# itls the opinion of the experts that this undos <skc> -- or undoesr cr confoundsr what it is we attempted to do last time around. don't think this improves situation that the majority of the pecple this Hcdy are interested addressing. think it it creates more problemsr more legal issuesr more constitutional challenges, and would strongly urge you to non-concur in this amendment. I think it -- it was really out of line.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welchy for a second time.

Wellz that's a1l I wanted to know. Thank you. PRESIDING OFFICER; (SENATOR DONAHUE) Further discussion? Further discussion? Geein: none, Senator Fitzgerald, to close.

Yes. just urge that thê Members vote to non-concur in House Amendment No .

PRESIDING OFFICER: (SENATOR DONAHUE) Wellr Senator Fitzgerald moves to non-concur in House 87  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 I Amendmen: No. 1 to Senate Bill 79. A11 those in favor, say Aye. ' Opposedy Nay. The Ayes have ity and the motion carries. The Secretary shall so inform the House. Senator Fawell, on Senate Bill 358. Madam Secretary. ACTING SECRETARY HAWKER : I move to concur with the House in adoption of their Amendment No. 1 to Senate Bill 358. Offered by Senator Fawell. . PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell. SENATOR FAWELL: Thank you very much. I move to concur with House Amendment No. 1. House Amendment No. l does become the bill. First cf all, it still has the underlying bill, which allcws that the temporary nurslng home administrakor licenses may be granted for a one-year period r and during that tlme, the holder is required to take a scheduled exam for a nurslng home administrator's license. It alsa applëes beginning January 1st, k996 to all home health care aides, nurses' aides, personal care assistan*sr private duty nurses' aides, student nurses, day training personnel, or any similar health-related occupation. They a11 must have a health care worker's background check. It also prohlbits health care employers to hire individuals who have been convicted of various crimes. It creates a tgelve-membered Hea1th Care Worker Task Force to monitor complalnt investlgations regardëng the criminal backgrounds. 1* would require the license to pay the actual damages and costs and attorney's fees, but removes the triple damaçes and provides that an employee of the State or local agency who is charged with inspecting, surveying or evaluating facilities and who profits by tipping off some -- some of the institukions that are about to be inspected that their inspection is coming up, can be charged as -- With a Class 4 felony. 3e glad to answer any I 88 ' L .. . ' . . .. . .... .. ----. --. .- .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 questions. I

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Senator Smith. . SENATOR SMITH: . Thank your Madam President and Ladies and Gentlemen of the Senate. I Nant to -- llke I'm a part of thls legislaticn, and I I want to ask my colleaguer the sponsor, for clarificatlon on two items, please.

PRESIDING OFFICER: (SENATOR DONAHUE) Please proceed, Senator Smith.

I wanted to ask for the record 's sake: Why does House Amendment 1 delete the requirement that a nursing bome pay three times the actual damages or five hundred dollars, whichever is greater, and costs and attorney fees to a facility -- a faculty -- resident who 's right has been violated by a nursing home? i

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell.

For legislative intcnt: Currently the nursing homes are the only care provkders Which are subject to this punitive measure. This provision has been -- drastically increased insurance rates ! for nursing homes, and in some tnstances, have made insurance unavailable altogether. The resulE of this current law is increased costs of nursing care for a11 the citizens of Illinois.

PRESIDING OFFICER: (SENATOû DONAHUE) Further discussion? Senator Smith.

; One more thing. What impact will the triple damaqes change have on a resident's ability to file a lawsult and receive 1 equitable compensation?

PRESIDING OFFICER: (SENATOR DONAHUE) 89 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 1 57th Legislative Day May 24r 1995 I Senator Fawell. SENATOR FAWELL: The elimtnatlon of the mandatory provision in no way prevents a judge or jury from awardin: punitive damages in any amount, even ln excess of triple actual damages, if actions of the nursing home or any of its employees or agents are deemed to be intentional or wkllful and wanton, or grossly negligent. In additionr the bill retains the current and unique provision requiring that a nursing home pay the attorney's fees of a successful plalneiff ensurlng nursing home residents will be able to secure legal representation. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Just -- Senator Smith. SENATOR SMITH : ' And I want to support this legtslation, and I ask al1 of our friends to do likewise. PRESIDING OPFICER: (SENATOR DONAHUE) Further dlscusslon? Senator Maitland. SENATOR MAITLAND: Thank you very much, Madam President and Members of the Senate. And, Senatcr Fawell, you might have touched upon this, and if you didr I apologize for asking the question, but House Bill 256 created the Eealth Care Worker Background Check Act. Is that in khls -- ls thae in this bill ngw? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell. SENATOR FAWELL: Yes, it is. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none, Senator Fawell, to close. SENATOR EAWELL: 90  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 Thank you very much. This legislation ls supported by AARP, Illinois Citizens For Better Care, Legal Assistance Foundation, Legal Services Suppcrt Center, and have also run it by the Illinois Bar Association, and they, too, are ln suppork of it.

PRESIDING OFFICER: (SENATOR DONAHUE) This is...

Would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) This is final action, and the question is, shall the Senate ccncur in House Amendment No. 1 to Senate Bkll 358. Those kn favor vote Aye. Opposed, Nay. The vcting open. Have voted who wish? Have all voted who Wish? Have a11 voted who wish? Take the record. On that question, there are 58 Ayes, Nay, none vcting Present. The Senate does concur in House Amendment No. to Senate Bill 358, and having received the required constitukional majority, is declared passed. Senakor Watson, on Senate Bill 377. Mr. Secretary -- Madam Secretary.

move ko concur with the House in the adoption of their Amendment 9o. 2 to Senate Bi11 377. Offered by Senator Watson.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Yes. Thank you. Thank you, Madam President. This is the legislation that deals With the report that alk of you recefvqd on *he Work Group on Early Childhood report to the Governor, Whlch you all received this past March. This amendmen*, whlch I move to concur with, Amendment No. 2, was an attempt by the propcnents and those of us that support the legislation to identify some concerns of the opposktion. And there was some legitimate concerns and -- 91  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Leglslative Day May 24: 1995 and we made an attempt address those, and I'd like tc be able - - tt pleases the Body, to expkaën what those objecttons were and how Ehey were addressed. This, first of all, would allow an early childhood facility to disccntinue being a Ready To Learn program, simply by notifying the State Board of Education and the paren*s of those children enrolled. Just so everyone understands, that once ycu're into the program, dcesn 't mean you stay into or you're into it for duration. You can get out, and it gives you that option. It requires Ready to Learn facilities to have parents ' consent prior to arranging for health screenings or immunizations. We feel important that everyone - young people are immunizedy but We also understand that we should have parental consgnt for thak, and thaE - that is included ln thls amendment. Provides that when meettng the nutritional needs of children, Ready To Learn programs must reccgnize age development differences children. The language that was theër original leglslation talked about cultural diversityy and that was a buzz word that some people waved a flag . And we felt that we 'll identify that we're talking about nutritional needs and we 're talking about those individuals who have some legitimate eoncerns, and we want those people identified and be taken care of. It requires Ready To Learn programs to cooperate with parents when identifying the soclal service needs of children. Again, I think that everyone recognizes and supports parental involvement and parental concern. And doesn't matter whether you 're -- elementary-secondary or whether youdre preschool program . We Want parental involvement and parental concern, and that's -- we address that and recosnize that. It provides that parents may only be referred to community social gervice and resourcgs on a voluntary basis. want everybody understand that this is totally a voluntary program - totally from the point of view of the provider, the day care provider or the early childhood center. 92  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 they want to geE involved in the program, that's their desire. If as a parent, want -- do not want to send my child to this program, that is my decision as a parent. This is totally voluntaryr aqd think that's contrary to what some people are being told about this legislative initiative. Now we had discussion also - and addressed in this amendment - with the State Board of Education and some of the concerns that they brought forthr and we wanted their support and their endorsement: and they've given us that, and the reason for it is because of some of the provisions in this amendment. And it requires the State Board -- State Superintendent to appoint the members of the Ready To Learn Council by October 1st, 1995, rather than Ncvember 1st. It requires the Ready To Learn Council to develop a statewide plan for early childhood services designed to enhance the ability of children to enter school ready to learn. Prcmotes maximum collaborationr and that's important. One of the reasons I'm lnvolved ln this and one of the feelings that have so strongly about this is that a11 of the various programs that are there, we need have collaboration, cooperation and consolidation, and that's what we want to see done by the Ready To Learn Council. Is an effort to try to do that. It requires *he Council to develop a plan for funding start-up grants by Aprll 1st, 1996. This will include recommendations as to how the financial resources of th9 State agencies and private sources will be used to fund the start-up grants. The underlying proposal that was originally in 377 is stlll there. There's basically six components, and I think it's in the best interest of everyone here thak I mention at least whaE those components are so that there's no misunderstanding of what we're abouts hopefully, to do, and that's pass this particular propasal. We establish a Ready To Learn program. We -- and that's primarily, basically, what I've been discussing, is a Ready To Learn program. We es*ablish a Ready 93  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 To Learn Councll under the State Board of Educatlon to coordinate the proqrams and hopefully, as mentionedr consolidate and collaborate in trying to bring these types of programs to one -- together. We create a Full Time Pre-Kindergarten Demonstration Program, whlch isy again, voluntary. can't emphasize that enough, and I think it's imporEant that you understand thab. There be fees that parents who can afford, just as there is now, a sliding fee in which you'll be asked to participate the payment of the -- of that type cf service being brought to your child. One of the problems and somethlng never -- nobody ever asks about, but one of the real positives of this is trying to consolidate local planning. you talk to your day care people and people in a11 aspects of -- of services being provided to the - - the people of Illinois, it's the various districts that we have out there and the lack of consistency. This attempts to address that. We ask for a continued plan for a statewide computer system to enhance administrative efficiencies and service for families, and we finally enhance the role of the child care resource and referral agencies to *ry to make this more user-friendlyr so that people who need the services know where to gc and can find information in regard to services that would be made available to them. Madam President, that's basically my opening remarks, and be glad to answer any questions. But appreciate support of the Body.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Sena*or Palmer.

Thank you, Madam President. just want to compliment Senator Watson for the work that he has done on this bill in bringkng together different sides of the issue and I want to stand in -- in stron: support of this bill and to echo what he said, that this is completely voluntary, thae this is an -- very supportive of 94  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24y 1995 I families, it is very much meant to support parents in thekr I child-rearing roles and that it is completely voluntary . What it provides is early childhood educaticn and care programs outside the hpme but not in any way to substitute for the home. And certainly as we go about the business of working to make our schools more effective and efficienty then it woutd seem to me very logical that we would want our children to be ready to go to school, and this is one of the supportive programs to help in that capacity. And I commend you for your Work, and I would hope that we would bave very strong support on this side and on b0th sides fcr this bill.

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

Thank you very much, Madam President and Members of the Senate. When we look up at the board and title of this legislatlon, we see words that bring out the warmest of emotions in -- in most thinking people. Children, care, education, law. We've heard words like ''parental involvement'' and that this is merely voluntary. It is lndeed sad - very sad - that in a year in which we are having major budget constraints, where *he price tag varies on this piece of legislation anywhere frcm five to eleven million dollars, that we once again are on the threshold launching another bureaucracy. I have made the statement on the Senate Floor a number of tlmes before, and 1'11 repeat it again. There comes a Eime when General Assemblies throughouK this country are going to be required to face up to a very, very elementary yet crucial decision and answer a questlon: Is government capable of being a parent? If we rely on experiences on the planet, if we go to those countries where government has, in fact, become a parent, ! most of them being in socialist countries, the fact of the matter is that government doesn't become a parent very well. No matter 1 I 95 ) -  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 how well-intentioned legislatkon nay be, no matter what the goals may bey no matter how -- how much respect that I may have for the sponsor, gtill believe Ehat we have not faced the elementary qgestion and given that answer, because there 's going to be a dayp and it probably is going to come sooner than later, when we recognize that when government beçan substituting for parents back in the 1960s, it went a long way towards the problems that we now have in the 1990s. stand in opposition to this legislatian, and wculd hope that many here Would join me.

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

Thank you, Madam President and Members of the Senate. Senator Watson, 1, toor commend you for the Work that you did on this particular bill, and 1et me just say that this bill is probably the nost -- not probablyy but the most significant thing that welve done so far on improvkng the quality of education and particularly in the Chicago area. What thys program allow for early intervention. These kinds of Ready to Learn program and preschool programs provide a great opportunity to give children a head start. has been proven that Head Start Programs, especially for socioeconomic dlsadvantaged children, gives these children an even opportunity to learn once they begin the first grade. So if we don't spend the money, Senator, at this end, we're going to spend the money when these kids drcp out of schocl, When these kids cause disturbance school, or some alternattve schools, or after they become a certain aqe, we 're going to spend this money in prison. So this is the kind of intervention that I think is so important for us to begin to solve some of the problems, especially in the Chicago school system . Because this btll lould allow for the early detection of -- of potential learntng problems. It would also deal with some of *he 96  STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24: 1995 nutrition and other types of problems that inhtbit chtldren from I I learning. So this is a great idea. It is the best investment of the State dollars for education Ehat I've seen come ou* of this Session today, and I would just hope everyone vote for it.

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

Madam President and Ladies and Gentlemen of the Senate: firstr I'd like to commend also Senator Watsonr because he has Worked very, very hard on this project. Started from last yearr if I recall correctly, or further. And let me tell you, I think it's important that we help some of these people that need a llttle help . It's a voluntary program . It requires the Ready to Learn programs to cooperate with parents When identifying the social service needs of the children. You and I know there are lots of social needs of children. Some of usr Wefve never had to Worry about ltr but there 's a 1ot of other families that do. And We know also that this bill provides that parents can be referred and may only be referred to community social services and resources on a voluntary basis. It's about time We did something really constructive. I think thls is a good bill. It has been misrepresented by some, and I'm telling you right nows it does not - does not - delete the parental ability to run their children. It simply aids them to do a better job where they need some help. And if they don't need it, they won't ask for it. So I ask for full support of this bill.

PRESIDING OFFICER: (SENATOR DONAHUE) We have a number af lights on, so if you could keep your comments brief. Further discussion? Senator de1 Valle. SENATOR dEL VALLE: Thank you, Madam President. As a Member of the Task Force, ! the Work Group Ehat produced *he recommendations that led to the i 97 y . '  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislatkve Day May 24, 1995 introductian af this bill, I must Eell you that was a very, very good process. was the kind cf process that we'd lcve to see on every single piece of legislation around here. It was a process that included participatlon from the entire State of Illino( 's - a11 racial groups. was a process that allowed for publlc input. Lots of time was allowed in committee for the many, many proponents who came forth and testified, and time Was given to the few opponents who came forth. It was a very fair, inclusive process that we ought to repeat many times around here. But this b1l1 is really about access - increasing access - to quality chlld care programs throughout the entire State. It's about quality assurance, and it's about giving parents choices. We all believe in that, don't we? We al1 believe in maklng sure that what we do in this Body is ensure flexibility for parents. Right? We talked about flexibility yesterday. Wellr this is flextbility, in that it provides choices for parents and allcws for parents, particularly working parents, to be able to have the piece of mind when they drop off their child at a day care center, Where they know that their child ls recelving quality care, that quality care is being provided because the Illincis General Assembly cares enough about those children and has put together Ehe framework through the State Board of Education to make sure that those programs are there. And so 1 ask you to support this legislation, because it is a major sEep ln the rlqht directlon. IE's a tremendcus and important investment in the future of the State of Illlnols, and it is, in *he long run, going to help us deal with some of the very problems that wefve been talking about when we talk about the overall condition of publlc educaEion this country. IE we start at an early age and We prepare children with the foundation that they need and allow them to develop the kinds of skills early on that will allow them to learn, then we've done the job in the State of Illinois and *hat's what this bill is 98  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 all about.

PRESIDING OFFICER: (SENATOR DONAHUE) Further dtscussion? Senator Lauzen.

Thank you, Madam President. Couple of questions for the S9OnSOr.

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

Flrst of all, could you clarify? Did you say that al1 these services take place cutside the home?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Thls is not a home-based program. This...

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen. Senator Watson.

.. . outslde the home. This is not...

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

And are you did you also say earlier in the debate that there are fees for these services?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Yes, there are.

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Lauzen.

Finallyy What did yOu say the price tag is on this program? 99  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. SENATOR WATSON: I really didn't address that tn my openlng remarksr buE I was going to. But this will be an opportunity for me to do it now . There's a 1ot -- there's a lot of misînformation on this issue, also, Senator. The State Board of Education has suggested that during next fiscal year, not Fiscal Xear '96, but Piscal Year 1997 - - in fact, I have a letter here from the State Board. Their request will be two million dollars for the Ready to Learn program. The other portions of the program that Department of Children and Family Services claims that Will cost eleven million dollars would require fifty percent of all the providers in this State to be at the Ready to Learn program level by Fiscal year 1997. And I don't think there's any possible way that the providers - the day care providers and those that would be interested, vcluntarilyr to become Ready to Learn centers - wculd reach that level. That's where the eleven mkllkon dollars is coming from, and that's not thls coming year; that's Flscal Year 1997. The impact in this coming year ise at least from what We Were told during the process, during the meetings that we had, that there will be no cost. We -- that was one of the amendments that we drafted when the bill passed here, the Senate, originally. There will be no cost during Flscal Year 1996. And what cost there might be, the State Board of Education says they can -- they can ukilize their budset to implement the Ready to Learn Council and other mechanisms that are required under thls legislation. They would be able to use current available funds. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen. SENATOR LAUZEN: Thank you very muchy Senator. Can you tell me What are the r 100  STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY , REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 safequards that have been put in place so -- I think *ha: *he I large fear of people who are considerin: a No vote on thls is that this is the first step, you know, the camel's nose under the tent, of a huge bureaucracy that will -- uill again bust th9 budget of the State af Illinoks. What safeguards are in place so that what we start here dces not groW lnto a colossus that crushes our good intentions?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Well, first of all, it's a total voluntary program. So -- and I can 't emphasize that enough, because there 's -- continued to come to my attention that people who are outside these Walls are telling your your phone calls that you're getting is that we're coming into the home and we're taking your family away, and that's nct -- this is totally voluntary. If you want to be lnvolvedy you can be involved as a famlly. If you want to be lnvolved as a provider, you can be lnvolved. We -- I thlnk that -- that certainly is a safeguard y Senator. My -- the fact that we're talking about a growing bureaucracy, we have pre-K program right now in this State that nost people feel has bgen pretty successful. It's about ninety-two millicn dollars. During this fiscal year, the Governor's request has added some money to that. Many of us who are involved in thisv and were on the Work groupsz attitude was we need Eo be consoltdating, we need to be collaboratlng and condensing those programs that are ou* there, and there are -- any -- if you 'll take a look at the wcrk book, the unbelievable number of -- of programs that are there. My intention with the Ready to Work Council -- or, Ready to Learn I Council ls to atEempE to consolidate so that we can bring those I programs under one roof, so to speak and hopefully the idea being that by doing that we streamline the system, people know where to 101  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 go and then save dollars. That that the lntent of thisy and I've said that at -- at a11 four Work Group meetings, my attitude gas and my involvement in this was different than a lot of people. And said if you want to get the support of my caucus, if you Want my caucus to vote for this, then wetve got to consolidate programs and wedve gct to cut spending some areas. Now, We're talking about Head Start and Head Start becomes a block grant program from the federal government to the State government, We have a provision and a -- and a -- with the Ready to Learn Council ready and willtng and with the understanding that they%re to implement the Head Start Program. So, another consoltdation. So think that there 's a lot of things that can be said about what welre attemptinq to do here in the in the manner in saving money and -- and streamlining the system.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Then then finally, just to the bill itself, and thank you very much, Senator. I mean, those -- those are scme very clear explanatkons of -- of wbat is that you and the people you've worked with are propasing . You know, this does -- this is a very greatly improved piece of legislation that reminds me of 6enate Bill l59 from maybe *wo years ago, but very different. You knowr voted No on that legislation and you get the got the inevitable telephone calls saying that, ''You know, Senator Lauzen, you don't care about children. If you only saw what we do here, you 'd vote Yes.'' And so said, Well 1'11 go anyWhere you Want, anytime you want, Eo see the work that you 're doing. So they took ne down to a family - and this is one of several circumstances but alon: the Fox River and I visited for feW minutes - maybe an hour with a family. And the social worker went into the home this is very different from that you know, helped the mother 102  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 play with the child, and after about thirty minutes, I felt that, you know, we had enough discussion, I felt enough at hcme to ask a question. You know, as you 're wondering, what did we do in Illinois before we had al1 the money for these -- for these prograns? In the 1950s, the burden on familtes was ten cents on the dollar for gcvernment. Now in the 1990s, it's forty-two cents out of every dollar in our economy goes to a government, and it's just a tremendous burden on every working citizen in Illinols. But when I asked the person - the mother said: ''You know: do you have any family members in this area who could help ycu raise your famlly?'' And the respcnse was: ''Yes, I have a mother and a sister who live here.'' And I said: ''Well, couldn't they help you raise your child?'' And the lady's response to me was: ''Wel1, you kncw, sometimes my mom gives me advice that I don't agree with.'' And I thought how unusual the rest of that sentence would be that -- and therefore, the citizens of Illinois ought to pay for a social worker tc come into the home to help this lady because she disagrees with her mon. I would bet that *he people in this room, a1l the people in this room, have had disagreements With parental advice that they 've received at some time in their life. As long as we guard against -- as long as we guard against the potential bureaucracy that we could be building in this, I would say that it needs that it deserves our consideratton. I think that it's greatly improved over legislation that looked like this a couple years ago. Thank you very much.

PRESIDING OFFICER: (:ENATOR DONAHUE) Further discussion? Senator Farker.

Thank you, Madam President. There have been a 1ot of concerns and misconceptions, and I'm very glad to hear today the testimony that Senator Watson has given because I think it's cleared a 1ot of that up. I even had somebody that called me from my district 103  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislativg Day May 24, 1995 that said we're taking our families away. We're not dcing that. : If we were doing that With this legtslatlon, if thks were Gcals I 2000, if we were taking away the family and becomin: the parent, I i that if governmept were becoming the parent, I would not be j supporting this legislation. That is the not the intention here. 1 It is to consolidate the programs that We have. It is to give better education to our children and to try and brtn: them up better where that need is available, and it is, since we did pass a welfare reform bill, an opportunity for us to help people who want to get off and need to get off of welfare have better day care and better quality day care that they need to be able to go into dlfferent programs. And for that reasonr I would support this legislation, and I think we will al1 watch after thisr that it does not get into bekng some big government bureaucracy and some type of parent to the children. That is not the intention here.

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

1911 try to be real quicks Madam President. I am -- I told you before, Stlckney Township is -- has two inccrporated -- three incorporated areas and two uniacorporated areas. Burbank has thirty thousand people. The Village of Stickney has approximately five thousand people. The Department of Children and Family Services identified an assessment need for a day care . Belëeve it or not, the Village of Stickney was clted as the area that needed it the most. It's a very, very old community with an awful lot of elderly in it. Today, a lot of the young married people ccme back to the -- to Ehat old neighborhood where grandmother and grandpa are raising those childrzn today. They do noe have the financial 1 I . - - able to puE them into a day care because they don 't havp the I money to do 1t. Most of them are on Social Security. The home is ! 104 . ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24: 1995 paid for. The streets are cleaned. It's a great community, but ' I unfortunately , they're raising children now that they shouldn't ' I have to catse. We have a day care that's in operation with i I twenty-five children in lt. I wish you'd take 'th9 time to come 1 j . and seeWhat it'sdone for thesepeople,andWetakethem at three j I years old. They're through at five years old. They're better j i prepared to go to school than most children are, and if we didn't do it, I'm tell you, a 1ot of those kids Would have trouble, psyehologically: later one in life. We should be spendLng more money for day cares and get them where you get the kids to learn sonethtng poslttve morally at an early age, rather than spending money - niklions of dolkars - in Waste, because when you -- when you get money ta go into a later time in life, it's too late. Do it when they 're young enough to help them. Thank you very much. FRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Further dlscussian? Seeing none, Senator Watsony to close. SENATOR WATSON: Weklr yes, thank ycu. And I appreciate the remarks of -- of al1 the speakers. And I want to especially thank Miguel del Valle, who served as -- on the Work Group. There were fifty-three members, as he mentioned, from all over the State of Illinois and from very different backgrcunds. It was amazing that we could get any kind of flnal consensus on What we wanted to present, but We did. And we had a 1ot of deliberations to get to that polnt. Senate -- Senator Viverito made a -- made a qacd poiat, and I thought you Were going to menEion *he EruEh-in-sentencing law that we just debated. I mean, lt -- it's amazing What Ne've done on 1 society ills in thls State and what wedve had to do over the years I i for society problems. Department Of Corrections, Children and j I Family Servlces. We've been told that we've raised the budget, j I slnce 1988, over nine hundred million dollars in the area of I l05  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 57th Legislative Day May 24r 1995 I I Children and Family Servlces, and I'm not sure We've solved a j great deal. And it's -- it's dysfunctional famllies, in many : i cases, that have created this -- this problem. NoWr What do we -- i what do we want to do? And I think that, ag4in, the good Senator I I fromStickney,andhis,paymenoworpayme later,, I,d''ratiaer j pay at the front-end and create an environment in which we hopefully can help save somebody by giving them an opportunity. I - - I had the opportunity to go down and speak to the day care providers when they were here at their rally. And I told them : I said, you know, I'm takln: a little different slant on this than maybe other speakers who were there, because, 1 said, I was the sponsar of the welfare bill. I'm the one who was thls draconian Republican who's trying to force people out in Ehe streets and take everything away from them . I was the sponsor of that. But I think if we're going to do that in this State, then we have a responsibility, an obltgation, to help when We can. And if We're going to forcey and truly we are, if We get the waivers that we've asked for from the federal government, we're going to force people into the work force who are currently welfare reciptents. Now, what do we want to do wlth those young kids who are part of that dysfunctional family, in many cases, who we're trying to help? What are we going to do with those kids? Are we gcing to 1et them just grow up to create more dysfunctional families, or are we going to attempt to try ta create and solve a social problem in this State? And I think that's exactly What this legislation attempts *o do. Sure, it's -- and I -- I've talked tc people on the phone, and I've got a 1ot of them callin: from my district. They've been here to see me. Friends of mine. And I -- theydre very sincere about their oppositlon and their concern for the growth oc government. And wefve heard that on the Floor here today. The end of the family, and it can't solve al1 the problems, social ills of this State or this country. Government I 106 . ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legtslative Day May 24, 1995 can't do it, and more money can't necessarily do it elther. But somewhere we've go to break the chain. somewhere it has to happen I where the next generation is going to have an opportunLty to bring I I themselves up and be successful and succqed . And I'd like to I think that's what this legislation's for, Madam President. And I think that this will get us on the -- start on the right foot, and I I I would appreciate the support of this -- of this Body. Thank i you.

PRESIDING OFFICER: (SENATOR DONAHUE) This is final action. And the question is, shall the Senate concur in House M endment No . 2 to Senate B1l1 377 . Those in favor will vote Aye. Opposed , Nay . The voting is open. Have a1k voted who wish? Have al1 voted who Wish? Have a1l voted who wish? Have al1 voted Who Nish? Take *he record. On that question , there are 38 Ayes , 13 Nays, 8 voting Present . The Senate does concur in House M endment No . 2 to Senate Bi11 377 , and having received the required constitutional majority, is declared passed . Senator Petka , on Senate Bill 384. Madam -- Senator Philip r for what purpose do you rise?

Thank you, Madam President and Ladies and Gentlemen of the Senate. Sitting next to me on the Floor of the Senate is the reatAttorneyGeneral from the Stateof Illinois,JimRyan. Will 1 you please rise and be recognized by the Senate .

PRESIDING OFFICER: (SENATOR DONAHUE) Welcomer Attorney General . 0n Concurrence is Senate Bill 384 . Madam Secretary. 1

I move to concur wlkh the House in the adcption of their Amendment No. l to Senate Bill 384. I Offered by Senator Petka. I PRESIDING OFFICER: (SENATOR DONAHUE) I l07  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 Senator Petka.

Thank you very much, Madam President, Members of the Senate. As Senate Bill 384 left this Body, it provided for disclosure of certain gang-related crimes, if the -- the names and addresses of juvenlles who had been convicted of certain violent or gang-related crimes. When it got to the Houset it became the Wish list for the Illinois Probation and Court Services Associatlon. It picked up five amendments. Every one of the amendments on the bill passed without a dissenting vote at a11 the Senate. know of no opposition to these amendments and I would mave for concurrence with House Amendments to -- 1, 2, 3, 4 and 5 to GenaEe Bill 384. Excuse me. Excuse me. I've been told that all of the bills are rolled into one amendment, so we're just talking abaut one amendment. stand corrected.

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

Would the -- yes. Would the sponsor yleld?

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

Sena*or petka, somethins just came to my attention after I -- I know I already voted for this bill and know we voted for out of committee: but maybe you can just clarify something. On page 46 and 47, Ehere is a provision that would allow for the filing of -- of a notice of tntermediate sanctions. And I guess, as I understand this, if someone's on supervision and -- I1m sorryr probation, the probatkon officer can give them a notice of a -- of a sanctkon and then the -- upon recelpt of the notice, the defendant shall either immediately accept Or reject the inEermediate sanctkon. The problem I see potential problem is 108  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 that Ehis (s sort of delegating a judicial -- potential problem is that we could be delegating a judicial function to a -- a I ncnjudicial officerr that being a probatlon officer, where the ' I probatlon officer could say, ''Heyr I just caught you violating I your probation . '' I'm going to glve you my own little punishmentx'' 1 And so, I -- I see a potential constitutional question there of separatlon of powers, and I just thought maybe you could --- you could tell mey if you know, what this is in here for. And -- and it does -- it does say technical violations, but that doesn't seem to be defined. Sc -- so, maybe you can give me some background.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton, Senator Hawkinson will answer that question. Senakor Hawklnson. SENATOR HAWKINSON; Thank you, Madam President. That provision was, I believe, Senate Bill 897, sponsored by Senator Tom Dunn. Initially, Senate Bill 897 contained these provisions that Would have solely delegated this authority to the decision making of *he probation officer. It's akin to what happens with the parole violations - technical violations - now. Senator Dunn's bill was amended, however, before it left the Senate to be in the form Ehat you Have it before you now: which provides the safety valve, which we believe -- and I believe Senator Dunn can speak to it if he desiresy but makes it constituticnal, whlch allows the probationer, if he chooses to contest these sanctions, to be enti*led to Have a hearlng before the court. The idea behind the lntermediate sanctions is that if there are noncriminal violations - in other words: you fail ko repor* *o your probation officer or youviolate some condktionofprobationotber than the conmission j I of a new crime - the probation officer shouldn't have to jump I ' through al1 the hoops and the delay of going to court on a - - on a j I revocatton petition Eo be filed by the State's Attorney; that this i 109 . . ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24: 1995 ! would allow for those technical violationsr the imposition of I intermediate sanctions. And I think ''technlcal'' ls deflned as being violations of the conditions of probation other than the commission of a new criminal pffense.

PRESIDING OFFICER: (SENATOR DONAHUE) Purther discusskon? Senator Dunn.

Thank you, Madam President. There isn't one wordr period, comma or semicolon I'd like to add to Senator Hawkinson's explanatlon.

PRESIDING OFFICER: (SENATOR DONAHUE) Wonderful. Is there any further discussion? Senator Petka r to close. SENATOR PETKA) I would jus* ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) This is final actlcn. And the question is, shall the Senate concur in House Amendment No. l to Senate 3il1 384. Those ln favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who Wish? Have a11 vcted Who Nish? Have a11 voted Who wish? Take the record. On that question, Ehere are 58 Ayes, no Nays, none voting Present. The Senate dces concur in House Amendment No. l to Senate Bkll 384: and having received the required constitutional majority, is declared passed. Senator Klemm, on Senate Bill 405. Madam Secretary. Madam Secretary.

I move to concur with the House ln the adoption of their Amendments 3 and 4 to Senate Bill 405. Offered by Senator Klemm.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm .

I 110  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 i Thank you, Madam President. I would tike to also make a motion to nan-concur with Amendmmnt 1. 1.11 do EhaE after 2 and 3? What? I didn't hear you.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator, we would appreciate it if you 'd do the concurrence first and the non-concurrence second.

I just want to be sure I was following the order you would want me to. Motion to concur With House Amendments 3 and 4 on -- on Senake Bill 405. House Amendment No. 3 permits the county boards to adopt reasonable regulatlons to control and prohibit streetgangs. And Amendment No. 4 allows -- is permissive as a condition of probation or cqndëttonal discharge, on a alcohol or drug abuse prcgramr a contribution to cne of those programs that the participant or the defendant wishes to make. It's permissive legislation. It's one, I think, of seventeen or sixteen different provisicns the court can allow, and I would ask for your support on Amendments 3 and 4.

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

Thank your Madam President. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hesll yield, Senator Jacobs.

Senator: in the definition of f'streetgang,'' it says any combination, confederation, alllance, network, conspLracy, understanding or other similar conjoining, in 1aW or in factr of Ehree or more persons that through its membership or through the agency of any nember and at the direction, order, solicitation or rêques: of any conspirator who is a leader, officer, et cetera, ensa:ed in a course or pattern of criminal activity. Does that 111 . .y '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 make our caucuses a streetgang?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.

Well, I belleve thls is the language that I think Senator Viverito had put cn or tried to put onr some streetgang language. It was just mirroring the same type of definitton.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

The only reason I ask, 'cause I'vg seen, after a few caucuses, some activities that probably could be construed to be criminal by some. So I was just curious to that. ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DONARUE) Further discussion? Senator Shau. SENATOR SHAWJ Thank youy Madam President. jus: didn't hear your explanation of -- of streekgang: how you identify them .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.

Well, basically all I'm doing is referencing current laW under the Illinois Streetgang Terrorism Omnibus Prevention Act. That's current law, and a1l we do is refer back to that.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw .

Let me ask you something. If I'm standing on the ccrner With Senator Jones; with a cap on. Senator Jones' got a eap on, sideways, a red jacket, would we be under this legislation, uould we be considered a streetgang?

PRESIDING OFFICER: (SENATOR DONAHUE)  STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION :ENATE TRANSCRIPT 57th Legislative Day May 24, 1995 Senator Klemm .

don 't know can answer if tha*'s under the existing Tllinois Streetgang Terrorism Preventlon Act. I mean, .1 guess don't bave in front of me, so I ean't really honestly say that khat wculd be considered a gang. However: we did pass legislation - - pardon?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw .

' Well, he ,s going to inquire -- f thought he was going inquire - - thought you was trying to figure out whether Senator Jones and I was under present law, but that's not what asking. uas askinç about the -- how do you identify, in the scenario that just gave you, a cap on sideways or turned to the back: a red jacket. Would the two of us on the street corner having a conversationr would we be eonsidered a gang?

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm . Senator Klemm.

really don't know hok to answer your questlon because don't knou what that 1au says and what provisions it says. But it's sometbing that we have supported. It's part of the books, and and it's one of the meanings that we use in that definition. don't know how to explain it any more than that, Senator. I'm sorry. I wish I could.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

Well, -- I believe that you have good intentions, in terms of this legislaticnz but: ycu know, we I don't believe Ehat we -- we should send legislation out of here Where that Senator Jones  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24z 1995 and if We are skanding on the street corner, could be possibly locked up. Is there any penalty With thls? I didnft get a chance to read the whole thing? Is there any penalty?

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm.

I should take the Fifth Amendment, because I don't want to say anything that would incriminate you and Senator Jones, so -- I'm not sure what you want me to do.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

Is there any penalty in thls? didn 't get a chance to read it. is there any penalty in this? PRESIDING OFFICER; (SENATOR WATSON) Senator Klemm. END OF TAPE TAPE 4

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm . Senator Klemm. Senatcr Dudycz.

Thank you: Mr. Preskdent. Senator Ghaw, -- I really don't know how Senator Klemm cr anyone here can -- can respond to a question. If you are asking if you and Senator Jones are standlng on a street corner wlth your haks tilted Eo one side, I belleve that -- if either one of you were arrestedr it would be for something other than kearing a hat on the side. But that has ll4  STATE OF ILLINOIS 39TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Le:islative Day May 24# 1995 nothing to do with streetgang activities. The law enforcement community Illinois ls guided by the Illinois Streetgang Terrorism Omnibus Prevention Act and there it clearly spells out what constitgtes a streetgang. And think that you -- you go to the Act, and that's the you use that guideliner as law enforcement community Illinois does. And thls geared towards the -- the people who are on a corner -- which are lntimidating and accosting others by their presence and by their actions, as normal, everyday citizens walk down the street and they are being harassed by these streetgangs. And this is geared towards that.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

think we had passed Senator Jones and I asked, Nas there any penalties any penalties attached thts -- to this legislation, or are you only asking the county board -- to permit the county board to adopt reasonable regulations to control or prohibit streetgang-related activities? Is there any penalties in thls?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Well, as far as Senator, if you -- you've got the amendment; you're looking at There ts no penalty stated in the amendment, but we have the -- the Illlnois Etatute Book here you want to go through it -- Ehrough it, we can go through the penalties. As far as the Streetgang Terrarism Omnibus Prevention Act, on page 648, 1'11 go -- walk over to you, sir: and Nelll go throush it together.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Hgndon. Senator Hendon. 1l5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995

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

PRESIDING OFFICER: (SENATOR WATSON) Yes, I'm sure the sponsor will yield: Senator Hendon.

First of all, I know Aldc , he -- he better not walk through my neighborhood With his hat cocked that way, or he'll be -- he'll be a statistic. I have a -- one -- just a couple of qulck questions, Senator Klemm , because this summer in my neighborhood I'm going to have to convene a peace conference. I may have to do it tWo or three times, dependlng on who got out of jail or who wants to take of whom's territory. If I call this sathering and the various streetgang members attendr am I then in violation of law? Am I consideredr under this bill, an agency? FRESIDING OFPICERI (SENATOR WATSON) Senator Klemm .

Well, you know, it's the -- it's the county board that would be adopting these regulations. In Cook County; it's your president -- Board President Stroger who 'll be presenting these. I mean, that's probably the one you should be talking to . That would be...

PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon.

Okay. But my question is -- because the way I read the bill, it says a streetgang or any agentr networkz combinatlon, confederatlon. So if I call a -- a peace conference in cne of my public housing developments that has four or five different streetgangs - and I do have that, by the Wayr sc this is a real world question - am I subject to arrest, or would any of the l16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24: 1995 conmunity activists who are there, who are trying to work to prevent gan: activity, are they subjec: to arres: under this bill?

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm.

If *his bill were to bgcome laW today, they Would not be, because the county hasn't adopted any regulations at that point. Sor there 's nothing to be arrested under so far.

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

In conclusion, we would be giving them the authority to do khey wanted to, correce? Okay. Just to the bill: thlnk it's a -- it's a good idea, but it's just too broad, and spoke on this before. I can't remember what the bill number was last year that was something very similar. But when you get into ageneiesr confederationss comblnations, alliance. that could -- that just too broad. That means that any eommunity-based ageneies that work With the streetgangs, then they are can be subject to arrest and if the if the county board determines so. So if a group such as 21st Century Vote, which is involved in voter registration, politics on b0th sides of the aisle, by the way - and I know that for a fact - and they are -- there are some members who may have been in the past in the gang' then that organization under -- under this bill would have to cease to exist. And think that that is counterproduetive. We need organizattons out there that are -- are counter ko *he gangs. even though they may contain some streetwise people such as an Aldo DeAngelis or someone like me in them, in our younser days. So I think that because of that, we should vote No on this or 1'11 probably vote Present at the best.

PRESIDING OFFICER: (SENATOR WATSON)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 Further dlscussion? Senator Palmer.

Thank you, Mr. President. Question of the sponsor, please.

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

Senator Klemm , Idm trying to work my way through this maze. Could you just state very simply what it is that this -- these two amendments do?

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm.

The first -- Amendment No. 3 permits county boards to adopt reasonable regulations to control or prohibit streetgangs. Amendment No. 4 allows the ccurt tc impose reasonable contributions, in its discretion, as a condition of probation or conditional discharge to an alcohol or drug abuse program.

PRESIDING OFFICER: (SENATOR WATSON) Senator Palmer.

Al1 right. Are We saying theny in Amendment 3, that in spite of the existence of the Illinois Streetgang Terrorism Omnibus Prevention Act, that counties do not -- cannot use whatever ts in that omnibus Act to do what you just descrlbed?

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm .

That's correct. That's the reason we want the counties to expand that authority so they could join in with the State of Illinols and other law enforcement agencies to try to do something to try to keep streetgang terrorism in our communities <sic>.

PRESIDING OFFICER: (SENATOR WATSON) 118  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 Senator Palmer.

Okay. And -- that that will -- that counties wlll now be able under that Act, to deflne gangs and so forth, because that's already ln the law, and secondly, that House Amendment 4: if I'm understanding correctly, that the court can now require a person who has been, assumer convtcted or sentenced, or whatever, to an alcohokism or drug or abuse or prevention program, anti-gang prosram r or whatever, as a condition of probation and dtschargey to pay some portion of the money back aqain that was *he cost of their participation -- in one of these programs? Is -- is that hoW I should understand it?

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm .

Well, your Eirst part, the definition of streetgangs already spelled out, so the eountles don't have to address that. In Amendment No. 4, there are, think, sixteen different provisions that already the court or the judge may ask for if the defendant wishes to be placed on probation or a suspended sentence. And that a permissive thing. The -- the defendant doesn't have to agree to any of that if they wish to . The courts have the total option of -- of granting any one of these sixteen, or *he one I1m adding the seventeenthy to -- to see if they Wish to participate a suspended sentence or probation. And I think, it's a drug-related case, why not and wouldn't tt make good sense that if that person wants to suspend the sentence ör have a reduced sentenee or go to probation, that maybe they contribute something voluntartly with their oWn volition to pro:rams that we had established to try to do what you and I were working hard for. It's just another tool, We think, that would fit in with the Whole pattern of tryin: to find our community a lkttle bi* safer *he 119  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT I 57th Legislative Day May 24, 1995 I I streets and giving the courts those tools. And khat's Whak lt is.

PRESIDING OFFICER: (SENATOR WATSON) Further dtscussion? If not, Senator Klemmy to close. . SENATOR KLEMM: 1 Vote Yes.

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm moves to concur in House Amendments 3 and 4 to Senate Bill 405. A1l those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that questionr there are 55 vcting Yes, no voting No, 3 voting Present. The Senate does concur in House Amendments 3 and 4 to Senate Bill 405. Now, Senator Klemm now moves to non-concur in House Amendnent 1 to Senate Bill 405. Is there any discussion? If notr all those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the Secretary will so lnform the House. Supplemental Senate Calendar, Page No. 2. Senate Bill 528. Senator DeAngelis. Madam Secretaryr please read the bill.

I move to concur with the House in the adoption of their Amendment No . 1 to Senate Bill 528. Filed by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. -- thank your Mr. President. Senate Blll 528, when i: left this Chambery was a bill that would permit those companies Who are not-for-proflh Eo be able to lease and be exempt from the sales taxes as if they would be if they purchased the equtpment. The Department cf Revenue and the Governor's Office were concerned about this, so essentially what this amendment does 120  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legkslative Day May 24, 1995 is it tiqhtens up the language that's in the bill. The lease must be for a year or longer. The lessee must have an actlve tax exemption certificate from the Department of Revenue, and the *ax savings must be passed onto the lessee. 3e happy to answer any questions. If not, Nould urge your favorable support for Amendment No. k to Senate Bilk 528. PRESIDING OFPICER: (SENATOR WATSON) Any discussion? Senator Severns. SENATOR SEVERNS: Thank you, Mr. President. Would the sponsor yield for a question? PRESIDING OFFICER: (SENATOR WATSON) Sponsor indieates he will yleld, Senator Severns. SENATOR SEVERNS: Senator, realizing that the health care providers of this State have really taken it on the chin time and again wlth the Medicaid crisis and cur 1oW rates and late payments and so cn, at least, this analysis is correct, would suggest that we are doing a favor to those companies whc provide equipment to hospitals, but not to the hospitals themselves. Is that correct? PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Senator Severns, the bill requires that the tax savtng be passed onto the lessee, Nhich Would the be the hospital. PREGIDING OPPICER: (SENATOR WATSON) Further discussion? Senator Palmer. SENATOR PALMER: Thank you, Mr. President. just wanted to remark Ehat I'm really glad abouk *he chaases in this bïll. It'B not as Complicatgd as seems. I have talked with hospitals in my district and they have assured me that they would rather be able l2l è - .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislaelve Day May 24, 1995 I I order Eo keep up with *he ttmes: but not get stuck with the bill; I that that is an additional cost to them as health care provlders. But I'm glad to see that now *he -- the savings from this is actually returned to the provider. So I think that the House made a good change, and this is a decent bill.

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

A question of the sponsor.

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

Senator DeAngelis, the Department of Revenue is opposed to this. Could -- okay -- you indicate that they are nct opposed to it. Could you tell me how much *he revenue loss would be to the State lf this additional DeAngelis exemption is approved?

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngells. SENATOR DeANGELIS: Well, 1'11 hopefully try to disregard the ediEorlal comment, but I don't know, but I got to tell you: There have been ways in Which these taxes have been avoided and they set up some kind of program. So I'm not so sure that there's any significant lcss. What there is is a gain to the people who are providing health care services and, ultlmatelyr to the people who receive them.

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

But you have no handle on how much it :s, or how much you lre -- youdre saving the hospitals? PRESIDING OFFICER) (SENATOR WATSON) t22  GTATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislatlve Day May 24, 1995 Senatar DeAngelis. SENATOR DeANGELIS: I Neither the Department of Revenue or *he Fiscal Commlssion ls I I able to ascertain that. i PRESIDING OFFICER: (SENATOR WATSON) Purther dtscussicn? Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, will the sponsor yield? PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he will yield? Senator Geo-Karis. SENATOR GEO-RARIS: Will this tax exemption help every hospital? PRESIDING OFFICER: (SENATOR WATSON) j ' Senator DeAngelis. SENATOR DeANGELIS: Only not-for-profit. PRESIDING OFFICER: (SENATOR WATSON) Senator Geo-Karis. SENATOR GEO-KARIS: I 1 Mr. President and Ladies and Gentlemen of the Senate, I will 1 I vote my conscience because I am a counsel for a hospital. 1 I PRESIDING OFFICER: (SENATOR WATSON) 1 I Furthef discussion? seein: noner Senator DeAngelis, to close. j SENATOR DeANGELIS: 1 I just urge a favorable roll call. PRESIDING OFFICER) (SENATOR WATSON) I i This is flnal action, and it's a motion to concur With Hcuse Amendnent NO. l to Senate Bill 528. Those in favor, vote Aye. I Opposedr vote No. The voting is open. Have all voted who Wish? I I Have a11 voted who Wish? Have al1 voted who wish? Take the I I record. On that question, there are 59 voting Xesr no voking No, I l23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day May 24, 1995 I no voting Present. Senate Bill 528: having received the requtred constitutional majority, is declared passed. Senate Bill 540. 1 I Senator Maitland. Out of the record. Senator Weaver, for what purpose do you rise?

Well, Mr. Presidenty thls pretty well concludes our business for the day. There will be committees in the morning . 9 o 'clock. We'11 come on the Floor at k0 o'cloqk in the morning. If the committee chairmen have thetr time slots and commtttee rooms, why, they should nake those announcements now.

PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel: far Nhat purpose do you rise?.

Thank you, Mr. President. Just to announce that tomorrow morning at 9:30 there will be a meeting of the Senate Executive Conmittee in Room 212. 9:30, 212. 1*'11 be very brief. Thank you .

PRESIDING OFFICER: (SENATOR WATSON) Mr. Seeretary, Committee Reports.

Senator Weaver, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned to conmittees: Referred to the Committee on Executive - the motion Eo concur with House Amendments l and 3 to Senate Bill 274: referred to the Committee on Local Government and Elections - motion to concur with House Amendments l and 2 to Senate Bi11 9497 and to the Committee on State Government Operations - the motion to concur With House Amendment l to Senate Bill 550,

PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson, for what purpose do you rise? SENATOR PETERSON ) For purposes of announcement, Mr. President. Chairman Klemm 124  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 57th Legislative Day May 24, 1995 I has asked me to anncunce that the Local Government Committee Will meet tomcrrow morning at 9 aom. in Room 400. PRESIDING OFFICERI (SENATOR WATSON) Thank you. Senator Syverson, for what purpose do you rise?

I think State Government is meeting at 9 -- 9 o 'Clock at 212.

PRESIDING OFFICER: (SENATOR WATSON) Thank you. Mr. Secretary, Messages from the House.

A Message frcm the House by Mr. McLennand, Clerk. Mr. President - I am dlrected to lnform the senate that the House of Representatives has adopted the follcwing joint resolutionr in the adoption of which I am instructed to ask the concurrence of th Senate, to Wit: House Jaint Resolution 38. Adopted by the House, May 24th, 1995. It's substantive.

PRESIDING OFFICER: (SENATOR WATSON) Is there any other business to come before the Senate? Seeing none, the Senate then will stand adjourned. Motion by Senator Dudycz that we will adjourn until 10 a.m.r Thursday, May 25th. I l25 r . * fv REPORT: TIFLDAY STATE OF ILLIVOI: 96/09/11 PAGE: O01 89TH GEVERAL ASSEMBLY 16:18:36 SEMâTE DZILY THANSCRIPTION OF DEBATE INDEX HàY 2%, 1995 HB-0206 CONFERENCE PZGE 1 H8-0320 OTHER PAGE 54 SB-00%6 CONCURRENCE PâGE 10 SB-00h6 CONCURRENCE PâGE 78 ' SB-00%6NON-CONCURRENCE 3B-0O46 MOTION PAGE PâGE 13 75 k I SB-00M6 H0TION PAGE 11 :B-0OM6 HOTION FILED PâGE :0 SB-0079 CONCURRENCE PAGE 83 I : SB-00 13 79 0NCON- CC UO RN RC EUCR NREENCE SB-0130 NON-CONCURRENC: PàGE 8 A PAGE 25 9 30 1 1 SB-OI41CONCURREMCE PAGE 13 1 S sB 8-0 - 150 0274CONCURRENCE MONUCQNCURRENCE PZGE PZGE 3715 j SB-027q MQTION PZGE 14 SB-027M MOTION FILED PZGE 39 58-0358 CONCURRENCE P2GE 88 58-0368 MON-CONCDRRENCE PZGE 17 38-0377 CONCURRENCE PAGE 91 38-0384 CONCURRENCE PAGE 10T SB-0%05 CONCURRENCE PâGE 110 3B-0qO5 NON-CONCURREPCE PAGE 120 SB-0q33 CONCURRENCE PAGE 17 SB-0435 CONCURRENCE PAGE 21 SB-0Rk7 CONCURREMCE PAGE 32 88-0465 NOM-CONCURREVCE PAGE 30 58-0528 CONCORREMCE PAGE 120 88-0585 0UT OF RECORD PAGE 3: 88-0619 CCMCURRENCZ PZGE 23 SB-0(29 CONCURRENCE P2GE 2: SB-0637 CQNCURRENCE PZGE :2 :B-0T11 CQNCZRRENCE PZGE 43 SB-0T18 CONCURRENCE PZGE VV SB-0;21 CQNCERRENCE PZCE 25 SB-0721 NON-CONCURRENCE PZGE 26 SB-0760 CONCURRENCE PAGE 52 38-0760 MON-CONCURRENCE PAGE 53 38-0788 MON-COMCURRENCE PAGE 31 58-0818 CONCURRENCE PâGE 5% :8-0818 MON-COVCURREMCE gAGE 57 s8-0838 CONCURPEMCE PAGE 27 s8-0907 MON-CONCURREMCE PâGE 31 s8-0925 MON-COMCURREMCD PAGE 35 s8-0934 CONCURREMCE PAGE 28 SB-09Tf COMC/RRENCe PAGE 57 sB-1039 MON-CQNCURRENCE PZGE 32 sB-1094 CONCURRENCE PAGE 58 SB-118T CQNCURRENCE PAGE 59 SB-1200 CONCURRENCE PAGE 69 SB-1202 CONCURRENCE PZGK 71 SB-1203 CONOPRRENCE PAGE 72 SR-0078 RESOLUTION OFFERED PAGE V1 HJH-0037 RESOLUTION OFFERED PAGE :1 HJR-0038 RESOLUTION OFFERED PàGE 125 j . i SUBJECT MATTER 1 I MIDNIGHT PàGE 1 j MESSAGBS FROM THE HQUSE PAGE 7 I SENZTE STZNDS IM RECESS PAGE 9 i SENZTE RECONVENES EENZT: TO ORDER-PRESIDEMT PHILIP PAGE PAGE 9 9 l I ! PRZYER-PZSTOR JOHN MILLER P2GE 9 1 I REPQRT: TIFLDAY STATE OF ILLINOIS 96/09/11 PAGE: 002 89TH GEVEPZL ASSEMBLF 16:18:36 SENATE DAILY TRANSCRIPTION CF DEBATE IM9Eï HAY 2k, 1995 SUBJECT MATTER PLEDCE OF ZLLEGIZNCE PAGE 9 i JOURNALS-POSTPONED PAGE 9 ! COHMITTEE REPORTS PAGE 10 1 COMHITTEE REPORT: PAGE 33 I SENATE STZNDS IN RECESS PZGE 39 I SENATE RECONVENES PAGE 39 COMMITTEE REPORTS PAGE V0 HES82GE FROH THE HOUSE PAGE V1 COMMITTEE REPORTS PAGE 12V MESSAGE FRCH THE HOUSE PâGE 125 ADJOURNHENT PZGE 125 1 I I I I I ' i ; i