Illinois Senate Floor Debate — May 8, 1996

PRESIDING OFFICER: (SENATOR DONAHUE) Messages from khe House. 99 SECRETARY HARRY: 101 Message from the House by Mr. McLennand, Clerk. l03 Mr. President - I am directed to inform the Senate thaf 105 the House of Representatives has concurred with the Senate ln the 106 passage of a blll of the following tltle, to wit: 107 2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Senate Bill 1673, with House Amendment No. 109 We have like Messages on Senate Bill 681, With House Amendment Senate B1ll 1342, with Amendment 17 Senate Bill 1381, With 112 Amendment 17 Senate Bill 1414, with Amendment 1; Senate Bill 1470, ll3 with Amendmene 2: Senate Bill 1513, with Amendment and Senate Bill 1543, w1th Amendment 1. ll4 Al1 passed the House, as amended, May 7thr 1996. 1l6 Message from the House by Mr. Mcbennand, Clerk. Mr. Presldent I am directed to inform the Senate that 120 the House of Representatives has adopted the followin: joint l2l resolution, in the adoption of which I am instruçted to ask the concurrence of the Senate, to wit: House Joint Resolutlon 102. l24 Adopted by the House, May 7thw 1996. l26 PRESIDING OFFICER: (SENATOR DONAHUE) l28 ...Geo-Karis, for What purpose do you seek recognitton? 130 SENATOR GEO-EARIS: 132 Madam President, a point of personal privilege. 134 PRESIDING OFFICER: (SENATOR DONAHUE) 136 Please state your polnt.. 138 SENATOR GEO-XARJSJ l40 Madam President and Ladies and Gentlemen of the Senate, I'm 142 delighted that I have three of my constituents here today; namely, 144 Priscilla Hunay H-U-M-A-Y Duffy - D-U-F-F-Y from Gurnee; 146 Christine Walsh Angelos - A-N-G-E-L-O-S - of Gurnee; and Debrah 147 Lewls, from Zton, Iklinois. I'm dekighted to have them here and l48 would like you to to have us welcome them here. 150 PRESIDING OFFICER: (SENATOR DONAHUE) l52 Will you please rise and be recognized. Welcome by the Senate. 154 Resolutlons. SECRETARY HARRY: 156 Senate Resolution 205, offered by Senator Trotter. 158 3  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 103:d Legislative Day May 8, 1996 It's substantive, Madam President. 159 PRESIDING OFFICER: (SENATOR DONAHUE) l6l On the bottom of paçe 7 is the Order of 2nd -- House Bills 2nd 163 Reading . We will be going there immediately. First up Will be l64 Senator Madigan, Senator O 'Malley, Senator Cronin. On the bottom l66 of page 7. Senator Madigan, on House Bill 322. Out of the l67 record. Senator O'Malleyz on House Bill 431. Senator O'Malley? 168 Out of the record. Senator Cronin. Roll -- read the bill, Mr. 170 Secretary . SECRETARY HARRY: 172 House Bill 545. 174 . (Secretary reads title of bill) l76 2nd Reading of the btkl. The Committee on Educatton adopted 178 Amendment No . 1. PRESIDING OFFICER: (SENATOR DONAHUE) l80 Have there been any Ploor amendments approved for 182 considerationt SECRETARY HARRY: l84 No further amendments reported. 186 PRESIDING OFFICER: (SENATOR DONAHUE) l88 3rd Reading. Senator Cronln, on House Bill 548. Read *he l90 bill, Mr. Secretary. SECRETARY HARRY: l92 House Bill 548. l94 (Secretary reads title of bill) 196 2nd Reading of the bl11. No committee amendments. 198 PRESIDING OFFICER: (SENATOR DONAHUE) 200 Have there been any Floor amendments approved for 202 consideration? SECRETARY HARRY: 204 ' Amendment No. 1, offered by Senator Cronin. 206 i PRESIDING OFFICER: (SENATOR DONAHUE) 208 I 4 .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 r I Senator Cronin, on Amendment No . 1. 2l1 i SENATORCRONIN: 2l3 1 Hi. Thank your Madam President. The bill restricts the 215 requirenent for GED classes to a specific class of criminals in 216 DOC. It isn't as broad-sweeping as it was before. Tt has the 2l7 support of Department of Corrections, and I ask for your favorable 218 consideration. PRESIDING OFFICER: (SENATOR DONAHUE) 220 Is there any discussion? Senator del Valle. 222 SENATOR dEL VALLE: 224 Thank you, Madam President. Senator Cronin, you just 226 indieated that you've amended the part of the bill regarding the 228 GED class requërement, to limit Lt to a smaller group . HoW -- hoW 229 large of a group are we talking about now? How nany individuals 230 currently would fall into this category? PRESIDING OFFICER: (SENATOR DONAHUE) 232 Senator Cronin. 234 SENATOR CRONIN: 236 We've restricted it to about two hundred current inmates, or 238 residents: of DOC. Previously it was a1l those that Would be 239 given a sentence of probation, supervision. So that would have 240 been a much larger population. Wedre -- wedre fulfllling the -- 242 the intent, but we're trying to do it in a more financially feasible way. 243 ' PRESIDING OFFICER: (SENATOR DONAHUE) 245 Eenabor de1 Valle. 247 i SENATOR dEL VALLE: 249 Well, We'l1 -- we'1l talk more about it when the bill is on 25l 3rd Reading, but I'd like to know the number of individuals that 252 would have been affected tf we hadn't amended the bill, so that we 253 can debate it on 3rd Reading. PRESIDING OFFICER: (SENATOR DONAHUE) 255 i 5  ! ( STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Further discussion? Senator Shaw. Purther discussicn? 257 Further discussion? Senator Cronin, to close. SENATOR CRONIN: 259 I just ask for your favorable consideration. Look forward to 26l the debate on 3rd Reading. 262 PRESIDING OFFICER: (SENATOR DONAHUE) 264 Senator Cronin moves the adoption of Amendment No. 1 to House 266 Bill 548. Those in favor will say Aye. Opposed, Nay . The Ayes 268 have 1ty and the amendment is adopted. Are there further 269 amendments approved for consideration? SECRETARY HARRY: . 27l No further amendments reported . 273 PRESIDING OFFICER: (SENATOR DONAHUE) 275 3rd Reading. Senator Cronin, on House Bill 885. Just a 277 second, Senator Cronin. We're going to go back -- with leave, 279 we're goin: back to pick up Senator O'Malley and move his bill to 28l the Order of 3rd Readlng. Senator O'Malley, on House Bill 431. Read the bill, Mr. Secretary. 282 SECRETARY HARRY: 284 House Bill 431.. 286 (Secretary reads title of bifl) 288 2nd Reading of the bill. The Committee on Revenue adopted 290 Amendments 1, 2, 4 and 5. PRESIDING OFFICER: (SENATOR DONAHUE) 292 Have there been any Floor amendments approved for 294 consideration? SECRETARY HARRY : 296 No further amendments reported. 298 PRESIDING OFFICER: (SENATOR DONAHUE) 300 3rd Reading. Now, Senator Cronin, on House Bill 885. Read 302 the bll1, Mr. Secretary. SECRETARV HARRY : 304 6  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 House Bill 885. 306 (Secretary reads title of bill) 308 2nd Reading of the bill. No committee or Floor amendments. 3l0 PRESIDING OFFICER: (SENATOR DONAHUE) 312 3rd Reading. Senator Philip, on House Bill 1206. Senator 3l4 Philip, on House Bill 22067 Senator Philip? Want to roll 3l6 Read the bill, Mr. Secretary. SECRETARY HARRY: 318 House Bill 2206. 320 (Secretary reads tltle of bill) 322 2nd Reading of tbe bill. The Committee on Executive adopted 324 Amendment No. PRESIDING OFFICER: (SENATOR DONAHUE) 326 Have there been any Floor amendments approved for 328 consideratlon? SECRETARY HARRY: 330 No further amendments reported. 332 PRESIDING OFFICER: (SENATOR DONAHUE) 334 3rd Reading . Senator Cronin, on House Bill 2230. Read the 336 bill, Mr. Secretary. SXCRETARY HARRY: 338 House Bill 2230. 340 (Secretary reads title of blll) 342 2nd Readlng of the bill. The Committee on Education adopted 344 Amendment No. PRESIDING OPFICER: (SENATOR DONAHUE) 346 Have there been any Floor amendments approved for 348 consideration? SECRETARY HARRY: 350 No further amendments reported. 352 PRESIDING OFFICER: (SENATOR DONAHUE) 354 3rd Reading. Senator Weaver, on House Bill 2515. Out of the 356  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPQ 103rd Legislative Day May 8, 1996 record. Senator Cronin, on House Bill 2593. Read the bill, Mr. ! 1 Secretary. SECRETARY HARRY: 358 House Bill 2593. 360 ; I (Secretary reads tltle of bl1l) 362 2nd Reading of the bill. No committee or Floor amendments. 364 PRESIDING OFFICER: (SENATOR DONAHUE) 366 3rd Reading. Senator Klemm, on House Bill 2695. Read the 368 1 . i bill, Mr. Secretary . SECRETARY HARRY: 370 House Bill 2695. . 372 (Secretary reads title cf bill) 374 2nd Reading of the bill. No committee or Floor amendments. 376 l f PRESIDING OFFICER: (SENATOR DONAHUE) 378 3rd Reading. Senator Woodyard, on House Bill 2703. Senator 38l Woodyard? House Bil1... Read the blll, Mr. Secretary. SECRETARY HARRY: 383 j I House Bill 2703. 385 p (Secretary reads title of bill) 387 2nd Reading of the bill. No committee or Floor amendments. 389 PRESIDING OPFICER: (SENATOR DONAHUE) ' 39l 4 3rd Reading. Senator Walsh, on House Bill 2794. Read the 393 q bill, Mr. Secretary. 394 / SECRETARY HARRY: 396 House Bill 2794. 398 (Secretary reads title of bill) 400 2nd Reading of the bill. No committee or Flaor amendments. 402 I ! PRESIDING OFFICER: (SENATOR DONAHUE) 404 ( 3rd Reading . Senator Walsh, cn 2860. Read the billr Mr. 406 Secretary. SECRETARY HARRY: 408 House Bill 2860. 410 8 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 (Secretary reads tttle of bi1l) 4l2 i ' 2nd Reading of the bill. No committee or Flcor amendments. 414 PRESIDING OFFICER: (SENATOR DONAHUE) 416 3rd Reading. Senator Madiganz on House Bill 2927. Out of the 418 j E record. Senator Klemn, on House Bill 3041. Read the bill, Mr. i Secretary. SECRETARY HARRY: 420 House Bill 3041. 422 (Secretary reads title of bill) 424 2nd Reading of the blll. The Committee on Local Government and 426 Elections adopted Amendment No. 1. . PRESIDING OFFICER: (SENATOR DONAHUE) 428 Have there been any Floor amendments approved for 430 I I consideration? SECRETARX HARRY: 432 No further amendments reported. 434 PRESIDING OFFICER: (SENATOR DONAHUE) 436 3rd Reading. Senator Dillard, on House Bill 3048. Read the 438 bill: Mr. Secretary. ' ! E SECRETARY HARRY: . 440 House Bill 3048. t42 ' (Secretary reads title of bil1) 444 2nd Reading of the bill. The Committee on Judiciary adopted 446 Amendment No. 1. PRESIDING OFFICER: (SENATOR DONAHUE) 448 Have there been any Floor amendments approved for 450 i i consideratlon? i ! I SECRETARY HARRY: 452 ! i I No further amendments reported. 454 PRESIDING OFFICER: (SENATOR DONAHUE) 456 3rd Reading. Senator Butler, on House Bill 3128. Out of the 458 record . Senator Walsh, on House Bill 3166 . Read the bill, Mr. 459 9 ù ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Secretary. SECRETARY HARRY: 461 House Bill 3166. 463 (Secretary reads title of bill) 465 2nd Reading of the bill. No committee or Floor amendments. 467 PRESIDING OFFICER: (SENATOR DONAHUE) 469 3rd Reading. Senator Maitland, on House Bill 3167. Read the 471 billy Mr. Secretary. 472 SECRETARY HARRY: 474 House Bill 3167. 476 (Secretary reads title of bill) 478 2nd Reading of the bill. No committee or Floor amendments. 480 PRESIDING OFFICER: (SENATOR bONAHUE) 482 3rd Reading . Senator Dudycz, on House Bill 3349. Out of the 484 record. Senator Philip, on House Bill 3380. Senator Philip, on 486 House Bill 3380. ...the record. Senator Parker, on House Bill 3426. Out of the record. Senator Klemm, on House Bill 3436. 487 Read the bill: Mr. Secretary. 488 SECRETARY HARRY: 490 House Bill 3436. 492 (Secretary reads title of bt1l) 494 2nd Reading of the bill. The Committee on Transportation adopted 496 Amendments 1 and 2. 497 PRESIDING OFFICER: (SENATOR DONAHUE) 499 Have there been any Flcor amendments approved fcr 501 conslderatlon? SECRETARY HARRY: 503 No further amendments reported. 505 PRESIDING OFFICER: (SENATOR DONAHUE) 507 3rd Reading. Senator Parker, on House Bill -- 3520. House 509 Bill 3520. Out of the record . Senator Mahar, on Senate -- House 510 Bill - sorry - House Bill 3548. Read the bill. Mr. Secretary. 10  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8r 1996 SECRETARY HARRY: 512 House Bill 3548. 5l4 (Secretary reads title of bill) 5l6 2nd Reading of the bill. No committee or Floor amendments. 5l8 PRESIDING OFFICER: (SENATOR DONAHUE) 520 3rd Reading. Senator Sieben, on House Bill 3658. Read the 522 bill, Mr. Secretary. SECRETARY HARRY: 524 House Bl1l 3658. 526 (Secretary reads title of bill) 528 2nd Reading of the bill. No committee or Floor amendments. 530 PRESIDING OFFICER: (SENATOR DONAHUE) 532 3rd Reading. Senator Dillard, on House Bl1l 3662. Read the 534 bill, Mr. Secretary. 535 SECRETARY HARRY: 537 House Bill 3662. 539 (Secretary reads title of bill) 54l 2nd Reading of the bill. The Committee on State Government 543 Operations adopted Amendment No. 1. 544 PRESIDING OFFICER: (SENATOR DONAHUE) 546 Have there been any Floor amendments approved for 548 consideration? SECRETARY HARRY: 550 No further amendments reported. 552 PRESIDING OFFICER: (SENATOR DONAHUE) 554 Reading . fenator /oodyard, for whaE purpose do you seek 556 recognition? SENATOR WOODYARD: 558 Yes, thank you, Madam President. For the purpose of an 560 announcement. I want the record to show that Senator Madigan is 561 absent today due to illness. PRESIDING OFFICER: (SENATOR DONAHUE) 563 11  STATE 0F ILLINOIS 89TH GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 The record will so reflect. Nowr the intent of the Chair is to 565 qo to House Btlls 3rd Reading. House Bills 3rd Reading. It's on 567 the middle of page 3 on your Calendar. ...Rauschenbergery Senator 569 Karplelr Senator Dudycz, first up. House Bills 3rd Reading. 570 Senator Woodyard, your lighe's still on. 7ou want to take your 57l light off? Thank you. On the Order of 3rd Reading House Bill 572 22. Senator Rauschenberger. House Bill 22. Out of the record. 573 Senator Karpiel. Senator Karpiel, on House Bill 24. Out of the 574 record. Senator Dudycz, on House B11l 1115 (sic). Senator 575 Dudyczr on 115. Senator Hawkinson, on House Bill 346. Read the 576 billr Mr. Secretary. SECRETARY HARRT: 578 House Bill 346. 580 (Secretary reads tttle of bill) 582 3rd Reading of the bill. 584 PRESIDING OFFICER: (SENATOR DONAHUE) 586 Senator Hawkinson. 588 SENATOR EAWKINSON: 590 Thank you, Madam President. House Bill 346, unamended ln the 592 Senate, creates a new classlflcation of public employees 593 eourthouse security personnel. Because of an Attorney General 's 595 optnion, we're finding that about twenty-five of our countiesy 596 unless *e pass this law, would no longer be able to use the securlty personnel, the jail personnel, that they use for 597 eourthouse security, transferring and -- and watching prlsoners 598 during their pendlng court appearances and the llke. And this 599 bill Will allow those employees to continue to do what they've 600 been doing with regard to prisoners. Tt would grandfather 60l current employees for two years and set up a mechanlsm for training through the police training board. also provides a 602 weapons exception for these employees, as well as other 603 correctional officers. In addition, on another subject matter, 604  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 the bill allcws a plaintiff in an administrative review aetion to 605 obtain service on the agency if they have already served the 606 agency head or to refile against an employee acting in his official eapacity if they have already served the agency. Without 607 this chanqe, we're finding them -- some cases are belng dlsmlssed 608 because al1 necessary parties have not been named and served. And 609 finally, it amends the court services fee Lo permit the county 611 board to assess the fee for trafftc, conservation, and ordinance 6l2 cases in which defendants do not appear in court but only pay the fine. I'd be happy to try and answer any questions. Passed out 613 of conmittee on the Agreed Bill List and passed unanimously in the 614 House. PRESIDING OFFICER: (SENATOR DONAHUE) 6l6 Is there any discussion? Is there any discussion? Seeing 6l9 none, the questëon lsr shall House Bill 346 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted 621 who uish? Have a1l voted who wish? Have all voted Who Wish? 622 Take the record . On that question, there are 53 Ayes, no Naysr 624 none voting Present. House Bill 346, havlng reeeived the required 625 constituttonal majority, is declared passed. Senator Rauschenberger, on House Bill 456. 0ut of the record. 'Senator 626 DeAngelis, on House Bill 527. Senator DeAngelis? Out of the 628 record. Senator Hawkinson, on House Bill 739. Read the billr Mr. Secretary. SECRETARY HARRY: 630 House Bill 739. 632 (Secretary reads title of bill) 634 3rd Reading of *he bill. 636 PRESIDING OFFICER: (SENATOR DONAHUE) 638 Senator Hawkinson. 640 SENATOR HAWKINSON: 642 Thank youy Madam ... No, I Want to pass this bill. Sorry. 644 13  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 PRESIDING OFFICER: (SENATOR DONAHUE) 646 Out of the record. Senator Cronin, on Hcuse Bill 995. Out of 648 the record. Senator Cronin, on House Bill 999. Out of the record. Senator Bomkey on House Bill 1056. Read the bill, Mr. 649 Secretary. SECRETARY HARRY: 651 House Bill 1056. 653 (Secretary reads title of bill) 655 3rd Reading of the bill. 657 PRESIDING OFFICER: (SENATOR DONAHUE) 659 Senator Bomke . 661 SENATOR BOMME: 663 Thank you, Madam Presldent. This bill is identical to Senate 665 Bill 1811 that we passed about a mcnth agor and it simply defines 666 the boundarles between public-owned utiltties and tnvestor-owned 667 utilities. PRESIDING OFFICER: (SENATOR DONXHUE) 669 Is there any discussion? Any discussion? Seein: none, the 67l question is, shall House Bill 1056 pass. Those ln favor will vote 672 Aye. Opposed; Nay. The voting is open. Have a1l voted who wish? 673 Rave a1l voted who wish? Have a11 voted Who Wish? Take the 674 record. On that question, there are 54 Ayes, no Nays, none voting 675 Present. House Bill 1056, having received the required 676 constitutional majority, is declared passed. Senator Hawkinson, 677 do you wish to return House Bill 1249 to the Order of 2nd Readtng 679 for the purposes of an amendment? Senator Hawkinson seeks leave 681 of the Body to return House Bill 1249 to the Order of 2nd Readtng for the purposes of an amendment. Hearing no objection, leave is 683 granted. On the Order of 2nd Reading ls House Bill 1249. Mr. 684 Secretary, are there any Floor amendments approved for 685 consideration? SECRETARY HARRY: 687  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 ! Amendment No. 4, offered by Senator Hawkinson. 690 I PRESIDING OFFICER: (SENATOR DONAHUE) 692 Senator Hawkinson, on Anendment No. 4. 694 SENATOR HAWKINSON : 696 Thank you, Madam President. ThisamendmentWasapprovedon 698 1 ourAgreed Bill List this morningr recommended Be Approved for 699 : f Consideration in Judtciary Committee. It does two things. Firstr 700 1 it reconciles *he technical differences between two earlier 702 J amendments dealing with the toplc of psychotropic medicatlon and! appeals, and it also sets up a procedure to address the backlog of 703 casesthatkheAppellateDefenderhas And this would allow the 704 1 . Appellate Defender to bidthesecasesonacompetitivebasisto 705 ( i private eounsel up to a rate of forty dollars an hour with a 706 maximum of two thousand dollars. The biddlng would be done through 707 the Office of the Appellate Defender and is needed to address a tremendous backlog of cases. I Would ask for the ad.option of 708 1 1 PRESIDING OPFICER: (SENATOR DONAHUE) 710 ! Is there any discussion? Any discussion? Seetng none, a11 7l2 those in favor, say Aye. Opposedr Nay. The Ayes have it, and the 713 . i amendment is adopted. Are there any further amendments approved 714 for consideration? SECRETARY HARRY: 716 I E No further amendments reported, Madam President. 718 PRESIDING OFFICER: (SENATOR DONAHUE) 720 ' f 3rd Reading. Senator Luechtefeld, on House Bill 1645. Read 722 the bllle Mr. Secretary. ...of *he record. I skipped a bill 723 here. I apologize. House Bill 1290. Senator Burzynski. Read 724 1 : I the blll, Mr. Secretary. l SECRETARY HARRY: 726 House Bill 1290. 728 ' (Secretary reads title of bil1) 730 i 15 I  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislatlve Day May 8, 1996 3rd Reading of the bill. 732 PRESIDING OFFICER: (SENATOR DONAHUE) 734 Senator Burzynski. 736 SENATOR BURZYNSKI: 738 Thank you, Madam President. This repeals the Article creating 740 the Office of Public Counsel. Basically, We've not funded the Office of Public Counsel since 1994, and their oversight 742 procedures are already being done by the Commerce Commission and 743 the Attorney General. PRESIDING OFFICER: (SENATOR DONAHUE) 745 Is there any . discussion? Any discussion? Seeing none, the 747 question is... Senator Palmer, do you seek recognition? 748 SENATOR PALMER: 750 Thank you, Madam President. A queskion of the sponsor. 752 PRESIDING OPFICER: (SENATOR DONAHUE) 754 Indieates he lll yieldz Senator Palmer. 756 SENATOR PALMER: 758 Senator, Why is CUB opposed to this legislation? 760 PRESIDING OFFICER: (SENATOR DONAHUE) 762 Senator Burzynski. 764 SENATOR BURZYNSKI: 766 ïou know, to be quite honest; I don't know, because they have 768 not come to speak to me about 769 PRESIDINC OFFICER: (SENATOR DONAHUE) 77l Senator Palmer. 773 SENATOR PALMER : 775 What is the legislative intent of this piece of legislatlon? 777 Does it affect rates, or public access, or oversight at all? 778 PRESIDING OFFICER: (SENATOR DONAHUE) 780 Senator Burzynski. 782 SENATOR BURZYNSXI: 784 There is -- there is no provlsion within this bill that would 786 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 affect rates or the rate-maklng process at all: as far as know. 787 As I've already indicated, oversight does exist relative to the 788 Commerce Commission and the Attorney General's Office because they 789 each have their consumer services division. Sor J don't believe 790 that -- that there's anythlng there except a dupllcation of 79l services, and also, there's an agency that we haven 't funded since 792 1994. PRESTDTNG OFFJCER: (SENATOR DONAHUE) 794 Further discussion? Purther dtscussion? Senator Welch. 796 SENATOR WELCH: 798 Thank you/ Madan President. This is a that is going to 800 eliminate the only office that exists that prctects consumers of 802 utility services. I think that covers about everybody in the 803 State. To vote to eliminate the Office of Publtc Counsel is a 804 vote to take auay one of the protections we have against increases at the Illinois Commerce Commissicn for these utility companies. 805 To be recorded Aye on thls bill would be to say that you don't 806 think that consumers should be protected, because right naw they 807 are not being protected by any government-funded agency before the 808 Commeree Commission. And seems to me that utility rates are 809 not going dow'n. They keep going up. This is definitely a bill 8lO that will be portrayed in the future as one that was against consumers. So, I know consumers don't have a lot of impaet down 8l1 here, they don't have a 1ot of pull, but there's also businesses 8l2 that pay for utilities, there's also corporations that pay utility 8l3 bills. Everybody pays utlllty bills. We're not even funding 8l4 thts. What what is the point of eliminating it? It's not costin: us any money. Let's leave it on khe books, and when it 8l5 comes to the point Where we need to fund and get it gotng 8l6 again, we can do so. Just to eliminate for no particular 8l7 reason doesn't help clean up the Statute books very much. It's a 8l8 kaste of effort to do so, and it's a slap ln the face of the 819 17  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8r 1996 consuming public and the voters to do that. I would urge a No vote. 820 PRESIDING OPPICER: (SENATOR DONAHUE) 822 Further discusston? Senator Hendon. 824 SENATOR HENDON: 826 Thank you very much, Madam President. Will the sponsor yield 828 for a question? PRESIDING OFFICER; (SENATOR DONAHUE) 830 Indicates he'll yield, Senator Hendon. 832 SENATOR HENDON: 834 Senator, why... Well, 1et me -- let me rephrase that. Don't 836 you feel that if you had a case: yourself, wouldn'e you want an 837 independent attorney to represent you separate frcm the person 838 that has to make the declsion? PRESIDING OPPICER: (SENATOR DONAHUE) 840 Senator Burzynski. 842 SENATOR BURZZNSKT: 844 Well, I think that there are safeguards tn place to do some of 846 that, Senator. PRESIDING OPPICER: (SENATOR DONAHUE) 848 Senatoi Hendon. 850 SENATOR HENDONI 852 My question is, my dear friend: If you, personallyr were gotng 854 to court, kouldn't you want an attorney that is separate from the 855 judîe or the jury that's going to make the decision in your case? 856 PRESIDfNG OFFICER: (SENATOR DONAHUE) 858 senator Burzynski. 860 SENATOR BURZYNSKI: 862 Well: as has just been pcinted out to me and as I pointed out 864 earlier as well, the Attorney General does have a consumer 865 services division which would act in khat capacity, Senator. 866 PRESIDING OPFICER: (SENATOR DONAHUE) 868 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Senator Hendon. 87l SENATOR HENDON: 873 Now, while -- while we have an outstandlng Atkorney General, 875 and I have no problems With him whatsoeverr he is busy. The 876 Attorney General's Office has a large area of responslbility. 877 This particular office is there just to as I understand and 878 read to protect the public, to give the average citizen from 879 any of our district a representativer a person wikh legal knowledger to help them in a case where they have a problem with 880 the utilities. Why would We eliminate the only independent office 881 that we have riqht noW when... We haven't funded So it's noe 883 like it's bankrupting the State or anything like this. Is ehis 884 office causin: a strain on the -- on the flscal stabillty of the State of Illinois? 885 PRESIDING OFPICER: (SENATOR DONAHUE) 887 Senator Burzynski. 889 SENATOR BURZYNSRI: 89l Not at all, Senator. 893 PRESIDING OFPICER: (SENATOR DONAHUE) 895 Senator Hendon. 897 SENATOR HENDON: 899 Well, 1'11 close by saying, since it's not causlng any 90l financlal problems for the State, since it is the only independene 902 office that protects the consumer, I would urge a No vote on this 903 bill, because it's a -- tt's clearly a bad billz an anticonsumer 904 bill, and we should not be in the business here in this Senate of 905 doing such a thing. PRESIDING OFPICER: (SENATOR DONAHUE) 907 Further discussion? Senator Fawell. 909 SENATOR FAWELL: 91l Will the sponsor yield for a question? 9l3 PRESIDING OFPICER: (SENATOR DONAHUE) 9l5 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Indicates he'll yield, Senator Fawell. 9l5 SENATOR FAWELL: 917 Aceordin: to our analysis, the Commerce Commission and the 919 Attorney General each have a consumer service division. Is that 920 true? PRESIDING OFFICER: (SENATOR DONAHUE) 922 Senator Burzynski. 924 SENATOR BURZYNSKI: 926 That's true, as well as CUB also fights many of these rate 928 Ca ses . PRESIDING OFFICER: (SENATOR DONAHUE) 930 Senator Fawell. 932 SENATOR FAWELL: 934 So you've got several attorneys, actuallyy that can be tapped 936 into. Is that true? 937 PRESIDING OFPICER: (SENATOR DONAHUE) 939 Senator Burzynski. 941 SENATOR BURZYNSKI: 943 That is eorrect. 945 PRESIDING OFFICER: (SENATOR DONAHUE) 947 Senator Pawell. 949 SENATOR FAWELL: 951 Well, ko bill: we've got a11 these attorneys running 953 around doing this worky I don't know Why we need to add another 954 one to the pile. I think this is a good bill. It's long overdue, 955 and I think we all ough: to be on board. 956 PRESIDING OFFICER: (SENATOR DONAHUE) 958 Further discussion? Further discussion? Seeing none, Senator 960 Burzynski, to close. 96l SENATOR BURZYNSKI: 963 I think the nerits of the legislation have been thoroughly 965 discussed. I would simply indieate that we don't need another 966 20  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 agency to duplicate services, and I would ask for a favorable roll 967 / call. PRESIDINC OFFICER: (SENATOR DONAHUE) 969 The guestion isz shall House Bill 1290 pass. Those in favor 971 will vote Aye. Opposed, Nay. The voting is open. Have all voted 972 who wish? Have all voted Who wish? Have a1l voted Who wish? Have a11 voted who Wish? Have a1l voted who wish? Take the record. On that question, there are 19 Ayes, 36 Naysy none voting Present. 973 House Bill 1290, having not received the requlred constitutional 974 majority, is declared failed. Senator Luechtefeld, on House Bill 975 1645. Read the bill, Mr. Secretary. SECRETARX HARRY: 977 House Bill 1645. 979 (Secretary reads title of bill) 98l 3rd Reading of the bill. 983 PRESIDING OFFICER: (SENATOR DONAHUE) 985 senator Luechtefeld. 987 SENATOR LUECHTEFELD: 989 Madam President and Members of the -- of the Senate, House 99l Bill 1645 provides that the homestead improvement exemption also 992 applies to 'rebuilding of residential structures on homestead 993 property following a catastrophic event. Under current lawr a 994 homestead improvement exemption of up to thirty thousand dollars per year may be taken if a proposed increase ln assessed valuation 995 ls attributable solely to the new improvement of the existing 996 structure. I would ask for a favorable vote on this lssue. 997 PRESIDING OFFICER: (SENATOR DONAHUE) 999 Js ehere any discussion? Senator Palmer. 1001 SENATOR PALMER: 1003 Thankyou,MadamPresident. Questionofthesponsor. , 1005 j ' ! PRESIDINGOPFICER: (SENATORDONAHUE) 1007 f Indicates he'll yield, Senator Palmer. 1009 i 21 l i  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 SENATOR PALMER : 1011 Senator, was -- as I recall, was there not an understandin: in 1013 the Revenue Committee that you would work with the Cook County 1014 Assessor's Office to straighten out the administrative and 1015 logistical problems that that Office has with your b11l? 1017 PRESIDING OFFICER: (SENATOR DONAHUE) 1019 Senator Luechtefeld. 1021 SENATOR LUECHTEFELD: 1023 ïes, Senator, there wasz and we have really worked at that, 1025 you knowr With a couple of other Senators on the other side of the 1026 aisle, plus with the -- with the group from çook County, and we 1027 were not able to come up With any language that uould be suitable 1028 to cur side. PRESIDING OFFICER: (SENATOR DONAHUE) 1030 Senator Palmer. 1032 SENATOR PALMER: 1034 Well, Senator, qiven thae there are still some very serious 1036 concerns, thlnk that it would be appropriate to take this bill 1037 out for right now and nat act on it. As I understand, there were 1038 several options offered to speak to the concernss and for example, 1039 there was one offering to establish a separate Section for Cook 1040 County only that was not acceptable and I'd like to know why. And 1041 for those on thls side of the aisle, so that you understand what Wedre talking about, there's no opposlticn to what Senator 1042 Luechtefeld is trying to do. The question here is how the 1043 exemption can be adminlstered falrly and uniformly, and how the 1044 information abouk the loss of a home can be communicated to the 1045 Cook County Assessor in such a way that we will know that, in fact, the home has been destroyed. And not sure why this 1046 should be a problem in working this out. 1047 PRESIDING OFFICER: (SENATOR DONAHUE) 1049 Further discussion? Senator Berman. 1051 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 SENATOR BERMAN: 1053 Thank you, Madan President. Ladies and Gentlemen of the 1055 Senate, Senator Luechtefeld and myself and others have tried to 1056 put together language that has been requested by the Assessor of 1057 Cook County. As you are very well aware, when we have this klnd 1059 of a bill, as it impacts or could impact in Ccck County, we 're talking about a potential monstrous-type of paperwork undertaking. 1060 As we speak, the Assessor's staff is preparing a suggested 1061 amendment to this bill. This bill has not been amended in the 1062 Senate. We have no problems with the purpose of the bills but the 1063 Assessor's Office does have a problem with how it can be processed 1064 in Cook County and and requirements for the taxpayer to provtde 1065 certain proof of the catastrophe that gave rise to the destructlon to allow this exemption to take place. So I want to renew the 1066 request of Senator Palmer to the sponsor. Take this out of the 1067 record today. We will have an amendment for you that does not 1068 attack the purpdse of the bill. It just makes Workable in Cook 1069 County, and we can get the amendment adopted and nove this bill 1070 probably tomorrcw or certainly by Tuesday. And we are nct bumping up against any deadline, but itfll make workable in Cook. 1071 Otherwise, we've got ourselves a real headache as to how it's 1072 going to be processed. So, Senator, I -- I would respectfully ask 1073 that it be taken out of the record. PRESIDING OFFICER: (SENATOR DONAHUE) 1075 Further discusslon? Senator Peterson. 1077 SENATOR PETERSON: 1079 Question of the sponsor. 1081 PRESIDING OFFICER: (SENATOR DONAHUE) 1083 Indicates he'll yield, Senator Peterson. 1085 SENATOR PETERSON: 1087 Senator Luechtefeld, are any other.county assessors or any 1090 other supervisor of assessments, have they contacted you in 23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 opposition to this bill? 1091 PRESIDING OFFICER) (SENATOR DONAHUE) 1093 Senator Luechtefeld. 1095 SENATOR LUECHTEFELD: 1097 No, they have not. 1099 PRESIDING OFFICER: (SENATOR DONAHUE) 1101 Senator Peterson. 1103 SENATOR PETERSON: 1105 So we only have Cock County, and all the other hundred and one 1107 counties feel that they can handle this legislation without any 1108 problem. PRESIDING OFFICER: (SENATOR DONAHUE) 1110 Senator Luechtefeld. 1112 SENATOR LUECHTEFELD: 1114 Well, certainly have not checked with a1l the other 1116 hundred and one çountles, but -- and I do understand that Cook 1117 County, with the massive amouht of -- of people that they have, 1118 becomes more difficult. But this particular 1aw simply codifies 1119 present law. And that -- you knowr they have a proeedure in place 1121 at the present tlme to deal with the exenptions, and I think this - - this Will simply handle that. 1122 PRESIDING OFFICER: (SENATOR DONAHUE) 1124 Further discussion? Senator DeAngelis. Out of the record -- 1126 orz I mean... I'n sorry, Senator Luechtefeld . Is there any 1128 further discussion? Senator Hendon. SENATOR HENDON: 1130 Thank you, Madam President. Will the sponsor yield for 1132 question? PRESIDING OFFICER: (SENATOR DONAHUE) 1134 Indicates he'll yieldr Senator Hendon. 1136 SENATOR HENDON: 1138 Senator Luechtefeld, this is -- just gives a person the 1140 24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 opportunity - and correct me if I'm wrong who has lost their 1141 home because of a catastrophe to have an opportunity to rebuild 1142 that -- that home without the burden of the Eaxes bein: put on 1143 those people at that time. Is that correct? PRESIDING OFFICER: (SENATOR DONAHUE) 1145 Senator Luechtefeld. 1147 SENATOR LUECHTEFELD: 1149 Yesy Senator. 1151 PRESIDING OFFICER: (SENATOR DONAHUE) 1153 Senator Hendon. 1155 SENATOR HENDON: 1157 And even thoush the Assessor from Cock County is opposed to 1159 this, there are already laws on the books that will take care of 1160 someone who commits fraud ln trying to collect the claim that they 1161 really don't have coming. Is that correct? 1162 PRESIDING OFFICER: (SENATOR DONAHUE) 1164 Senator Luechte/eld. 1166 SENATOR LUECHTEFELD: 1168 Yes, Senator. 1170 PRESIDING OFFICER: (SENATOR DONAHUE) 1172 Senator Hendon. 1174 SENATOA HENDON: 1176 Well, in conclusion, just say to a1l of my colleagues that 1178 this is a good bill. It's a progressive bill. We should give the 1179 taxpayers of this State relief any time they have a catastrophe or 1180 a dlsaster like thls' and I can't understand why there any 1181 oppositton. And I urge an Aye vote. PRESIDING OEFICER: (SENATOR DONAHUE) 1183 Further discussion? Senator Geo-Karls. 1185 SENATOR GEO-KARIS; 1187 Will the sponsor yield for a question? 1189 PRESIDING OFFICER: (SENATOR DONAHUE) 1191 25  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Indicates h/pll yield, Senator Geo-Karls. 1193 SENATOR GEO-KARIS: 1195 Do I understand that your bill provides that the homestead 1197 improvement exemption would apply to rebuilding of residential 1198 structures on honestead property following a catastrophic event? 1199 PRCSIDING OFFICER: (SENATOR DONAHUE) 1201 Spnator buechtefeld. 1203 SENATOR LUECHTEPELD : 1205 It only applies to homestead and property. 1207 PRESIDING OFFICER: (SENATOR DONAHUE) 1209 Senator Geo-Karis. 1211 SENATOR GEO-KARIS: 1213 Madam Prestdent and Ladies and Gentlemen of the Senate, my 1215 ' area was hit by a tornado. There were many people rhose homes 1216 were absolutely riddled down; khat was their homestead. I think 1217 this is a very good bill, and I eertainly think we should provide 1218 for emergencles like that and I support this bill whcleheartedly. 1219 PRESIDING OFFICER: (SENATOR DONAHUE) 1221 Further discussion? Senator Welch. 1223 SENATOR WELCH: . 1225 I have a question of the sponsor. 1227 PRESIDING OFFICER: (SENATOR DONAHUE) 1229 Indieates hedll yield, Senator Welch. 1231 SENATOR WELCH: 1233 Senator Luechtefeld, if I own a hundred-thousand-dollar home 1235 and ie gets h1t by a tornado, and I rebuild i: Nith a 1236 hundred-khousand-dollar home and my assessment is the same, do I 1237 get any benefit at all from this law? PRESIDING OFFICER: (SENATOR DONAHUE) 1239 Senator Luechtefeld. 1241 SENATOR LUECHTEFELD: 1243 No, you do not. Only if -- only if you increase it to -- 1245 26  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 thirty thousand. You'll have a thirty-thousand-dollar extra 1246 exemption. PRESIDING OFFICER: (SENATOR DONAHUE) 1248 Senator Welch. 1250 SENATOR WELCH: 1252 So -- so these areas that have homes destroyed by tcrnadoes or 1255 whatever, if ehey rebuild, because of the zoning requirement, a 1256 similar square-foot house, a similar size, more than likely it's 1257 going to be assessed the same value as the one that was knocked down; it's only newer. Isn't that correct? 1258 PRESIDING OFFICER: (SENATOR DONAHUE) J260 Senator Luechtefeld. 1262 SENATOR LUECHTEFELD: 1264 I understand that's corregtr yes. 1266 PRESIDTNG OFFICER: (SENATOR DONAHUE) 1268 Further discussion? Senator Welch. 1270 SENATOR MELCH: 1272 Well, thenr I don't think this bill does any harm to anybody. 1274 I -- I would urge an Aye vote. 1275

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Further discussion? Seeing none, Senator ï279 Luechtefeld, to close. 1280 SENATOR LUECHTEFELD: 1282 Yes. I would ask for a favorable vote on this issue. 1284 PRESIDING OFFICER: (SENATOR DONAHUE) 1286 Question is, shall House Bll1 1645 pass. Those ln favor Will 1288 vote Aye. Opposed, Nay. The voting is open. Have a1l voted whO 1290 wish? Have a11 voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 48 Ayes, 1 Nay, 2 voting Present. House 3il1 1645, having 1291 received the required constitutional majority, is declared passed. Senator Cronin, on House Bill 1684. Senator Cronin? Out of the 1292 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 record. Senator Burzynski, on House Bill 1798. Read the btll, i Mr. Secretary. f SECRETARY HARRY: 1294 House Bill 1798. 1296 (Secretary reads title of bill) 1298 J 3rd Reading of the bill. 1300 PRESIDING OFFICER: (SENATOR DONAHUE) 1302 ! Senator Burzynski. 1304 I SENATOR BURZYNSRI: 1306 1 Thank you, Madam Presidentr Ladies and Gentlemen of the 1308 1 Senate. Basicallyy this deletes language in the Tllinois 1310 I Pesticide Act which provides for a model program and replaces it 1311 by implementing a statewide voluntary program for the collection 1312 ! and proper disposal of unwanted ag pesticides from Illinais 1 farmers. T knok of no opposition to this bill. 1313 I PRESIDING OFFICER: (SENATOR DONAHUE) 1315 1 . Is there any discussion? Any diseussion? Seeing none, the 1317 question is, shall House Btll 1798 pass. Those in favor will vote 1318 I I Aye. Opposed, Nay . The voting is open. Have all voted Who Wish? 1319 ! Have a1l voted Who wish? Have a1l voted Who wish? Take the 1320 I ! r ' ecord. On that question, there are 56 Ayes, no Nays, none voting 1321 I Present. House Bill 1798, havlng received the required 1322 ! constitutional majority, is declared passed. Senator Walsh, on I House Bl11 2250. Out of the reccrd. Senator Mahary on House Btll 1323 ! 2294. Senator Croniny on House Bil1 2338. Out of the record. ! Senator DeLeo, on House Bill 2516. Read the bill, Mr. Secretary. : SECRETARY HARRY: 1325 ! House Bill 2516. 1327 I (Secretary reads title of bill) 1329 1 3rd Reading of the bill. 1331 PRESIDING OFFICER: (SENATOR DONAHUE) 1333 . I Senator DeLeo. 1335 28 ;  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 SENATOR DeLEO: 1337 Thank you, Madam President, Members of the General Assembly. 1339 2516 is a bill that simply states that in Chicago if a landlord is 1341 determined to have violated a provision establishing construetion or maintenance standards of a building containing rental housing 1342 units, the court Ray offer the owner an option: instead of a 1343 fine, attendtng a progran deslgnated to encourage the owner's 1344 complianae. The thrust of this bill is to permit Chicago to offer 1345 landlords compliance programs for persons who offer sleeping 1346 rooms. As you know, we had a tragic fire Chicago last year with a SRO - a sleeping room oply - occupancy building, and there 1347 was many deaths and many injuries. This would have landlords go 1348 to a program that would explain to them constructionr plumblngz 1349 heating, fire prevention, sanitation and other safety violations 1350 in this class, instead of levying a fine. I'd ask for a favorable 1351 roll call on 2516. PRESIDING OFFICER: (SENATOR DONAHUE) 1353 Is there any discussion? Is there any discussion? Seeing 1355 none, the question is, shall House Bill 2516 pass. Those in favor 1356 will vote Aye. Opposed, Nay. The voting is open. Have al1 voted 1358 who wish? Have al1 voted who wlsh? Have all voted Who wish? Take the record. On that questlon, there are Ayes, Nay, none 1359 votinq Present. House Bi1l 2516, having received the required 1360 constitutional majcrity, is declared passed. Senator Bomke, on 1361 House Bill 2524. Senator Hawkinson, on House Bill 2529. Read the 1362 bill: Mr. Secretary. Out of the record . Senator Rauschenberger, 1363 on House Bill 2571. Read the bill, Mr. Secretary. 1364 SECRETARY HARRY: 1366 House Bill 2571. 1368 (Secretary reads title of bill) 1370 3rd Reading of the bill. 1372 PRESTDING OFFICER: (SENATOR DONAHUE) 1374 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 I I Senator Rauschenberger. 1376 SENATOR RAUSCHENBERGER: 1378 Thank you, Mr. (sicl President, Ladies and Gentlemen of the 1380 Senate. House Bill 2571 cures a defect that the courks found in 1383 the ICC 'S authority to allow utilities to enter ineo bilateral 1384 contracts. It's a bill that I think is goinq to have a major 1385 impact on continuing the effort toward deregulation of the electric utilities. It's a bill that passed out of comnittee With 1386 bipartlsan support. I urge its favorable adoption. 1387 PRESIDING OFFICER: (SENATOR DONAHUE) 1389 Is there any discussion? Senator Palmer. 1391 SENATOR PALMER: 1393 Thank your Madam President. A questlon of the sponsor. 1395 PRESIDING OFFICER: (SENATOR DONAHUE) 1397 Indicates he'll yield, Senator Palmer. 1399 SENATOR PALMER: 1401 jenator, I wish I shared your optimism about this: but you and 1403 I talked before, and lsn't it a fact that the current utility 1404 bills are the highest in this regiony if not in the country, 1405 already? PRESIDING OFFICER: (SENATOR DONAHUE) 1407 Senator Rauschenberger. 1409 SENATOR RAUSCHENBERGER: 1411 Illinols residents of northern Illinols that are served by 1413 Commonwea1th Edison pay, I thinky the second-highest large utility 1414 rate in the nation. PRESIDING OFFICER: (SENATOR DONAHUE) 1416 Senator Palmer. 1418 SENATOR PALMER; 1420 And isn't it also a fact that part of the reason for that is 1422 for decisions that were made twenty years ago about buildinç 1424 nuclear plants that they were advised not to build and therefore 1425 I : 30  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 i that increase has been passed down to the consumer? PRESSenator IDINGOFF ICER: (SENATORDONAHUE) Rausehenberqer. 1427 / 1429 SENATOR RAUSCHENBERGER: 1431 Senator Palmer, I think many people would agree that 1433 Commonwealth Edison overconstructed capacity, and it is very, very 1434 true that that excess capacttyr that's clear today, is being paid 1435 for by the ratepayers. You're -- to -- to the best of my 1437 knowledge, you're correct. PRESIDING OFFICER: (SENATOR DONAHUE) 1439 Senator Palmer. 1441 SENATOR PALMER : 1443 Last question: Will this bill, in any wayy alleviate the high 1445 rates for residential and for small business consumers of 1446 electricity? Will it do anythin: to work on their behalf? 1447 PRCSIDING OFFICER: (SENATO: DONAHUE) 1449 Senator Rausehenberger. 1451 SENATOR RAUSCHENBERGER: 1453 Senator, the bill itself Would not change the rates that 1455 consumers or small businesses or anyone else pays on a current 1456 ' rate strueture. What I think it does do, though, is it helps move 1457 Conmonwea1th Ediscn and our other utilittes the next step that's 1458 neeessary for the deregulation task force to help prepare them for 1459 deregulation of the entire industry and lower rates for everyone, I thinky by the year 2000. 1460 PRESIDING OFFICER: (SENATOR DONAHUE) 1462 Further discussion? Senator Clayborne. 1464 SENATOR CLAYBORNE : 1466 Thank your Madam President. .1 rise in support of this bill. '1468 Being from downstate and trying to further encourage economic 1469 development, I believe this bill goes a lon: way to that effort to 1470 allow utilities to be competltive and to make sure that the costs 1471 I ! 31 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 are not passed on to the consumer. This is a bill that will f hopefully help continue to bring business lnterests to downstate 1472 ' so that we can provide job opportunities and growth for the 1473 ) ! residents in -- in southern Illinois. I urge a favorable vote on 1474 I I PRESIDING OFFICER: (SENATOR DONAHUE) 1476 ! Is there any further discussion? Further discussion? Seeing 1478 I i none, Senator Rauschenberger, to close. 1479 ( SENATOR RAUSCHENBERGER: 1481 j ! I'd appreciate a favorable roll call. 1483 l ! PRESJDING OFFICER: (SENATOR DONAHUE) 1485 j The question is, shall House Bill 2571 pass. Those in favor 1487 j I will vote Aye. Opposed, Nay. The votlng is open. Have a11 voted 1488 who uish? Have all voted Who wish? Have all voted who wlsh? :' Have all voted who wish? Take the record. On that questlon, there are 43 Ayesy 11 Nays, none votipg Present. House Bill 2571, 1489 having received the required constitutional majbrikyy is declared J passed. Senator Watsonr on House Bill 2596. Out of the record. 1490 ' SenatorMaitlandronHouseBill2616. 0utoftherecord. Senator r ' Hawkinson. Senator Hawkinson seeks leave of the Body to return 1491 House'Bill 2621 to the Order of 2nd Readin: for the purposes of an 1492 ' . / amendment. Hearing no objection, leave is granted. On the Order 1493 of 2ndReadingisHouseBill2621. Readthebill:Mr.Secretary. 1494 J Have there been any Ploor amendments approved for consideration? ' ! SECRETARY HARRY: 1496 Amendment No . 1, offered by Senator Hawkinson. 1498 l PRESIDING OFFICER: (SENATOR DONAHUE) 1500 Senator Hawkinsonyon AmendmentNo.1. 1502 / SENATOR HAWKINSON: 1504 1 Thank you, Madam President. Amendment No. l Was approved for 1506 1 consideration by the Judlciary Committee this morning on the -- 1507 I the Agreed List. What it does is it removes Section 7 of the bill 1508 ! 32 i  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 ( (sic) (Act) which provides additional civil penaltles for violations ot the Counterfeit Trademark Act. It was felt by the 1510 Bar Association, and I think aqreed by the House sponsary that 1511 these civil penalties already exist in the Deceptive Act (sicl and 1512 in the Consumer Fraud Act, and that we did not need to create a 1513 separate civil penalty Act in this neW Counterfeit Trademark Act. So, we would ask for the approval of Ploor Amendment No. 1, Which 1514 renoves Section 7 from the bill (sicl. 1516

PRESIDINGOFFICER: (SENATORDONAHUE) Is there any discussion? Any discussion? 1518 1 Seeing none, all 1520 those in favor, say Aye. Opposedr Nay. The Ayes have it, and the 15. 21 j amendmentisadopted. AretherefurtherFlooramendmentsapproved 1522 j forconsideration?

j 1524 No further amendments reported. 1526 PRESIDING OFFICER: (SENATOR DONAHUE) 1528 3rd àeading. Senator Hawkinson, on House Bi11 2651. Out of 1530 therecord. SenatorKarpiel,onHouse Bill 2664. Out of the 1 record. Senator Syverson, on House Bill 2691. Out of the record. 1531 Senator Parker, on House Bill 2697. Read the billy Mr. Secretary. SECRETARY HARRY: .1513 House Bill 2697. 1535 (Secretary readstitle of bill) 1537 p : 3rd Reading of the bi1l: 1539 PRESIDING OFFICER: (SENATOR DONAHUE) 1541 Senator Parker. 1543 ; SENATOR PARKER: 1545 ( Thank you, Madam Presidentz Ladies and Gentlemen of the 1547 ! Senate. House Bill 2697 amends the Illinois Credit Union Act 1549 (sic). It does three things. It increases the penalty from a 1551 . Class A misdemeanor to a Class 3 felony for engaging in the ' I business of transmitting money without a license. It gives DFI 1552 I J 33 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 the power to issue a cease and desist order without an 1553 administrative hearing to a firm which DFI believes to be engaged 1554 in title insurance transactions without a license. And it creates 1555 a new Adverse Claims to Deposit Accounts Act, protecting banks under certain circumstances from adverse claims levied agalnst 1556 depositaccountsbypersonswhohaveloanedmoney to depositors. 1557 f It passed tbe House 107 to nothing and was passed unanimously in 1558 commiteee. T would ask for a favorable roll call. 1559 PRESIDING OFFICER: (SENATOR DONAHUE) 1561 Is there any discussion? Any dlscussion? Seeing none, the 1563 question is, shall House Bill 2697 pass. Those in favor Will vote 1564 Aye. Opposed, Nay. The voting is open. Have al1 voted Who wish? 1565 Have al1 voted Who wish? Have all voted who wish? Take the 1566 record. On that question, there are 48 Ayes, l Nay, 5 voting 1567 Present. House Bill 2697, having received the required 1568 constitutional majority, is declared passed. Senator Syverson, on 1569 House Bill 2702. Senator Syverson, 2702t Out of the record. 1571 Senator Raica, on House Bill 2725. Read the bill, Mr. Secretary. 1572 SECRETARY HARRY: 1574 House Bill 2725. 1576 . (Secretary reads title of bill) 1578 3rd Reading of the bill. 1580 PRESIDING OFFICER: (SENATOR DONAHUE) 1582 Senator Raica. 1584 SENATOR RAICA: 1586 Thank you, Madam President. House Bill 2725 amends the 1588 Environmental protection Agency (sic) Act. It authorlzes the 1591 rllinois EPA ko grant transfer station authorlzation. It has 1592 been approved by the county board and by the local people, and I 1593 would just ask for its adoption, please. PRESIDING OFFICER: (SENATOR DONAHUE) 1595 1% there any discussion? Any discussion? Senator Demuzio. 1597 , ? 34 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 SENATOR DEMUZIO: 1599 ... very nuch. As I understand thls, this would be an 1601 exemption to the siting process that was passed years ago, 172, 1602 ! that uould allow for a -- no public hearlngs and: for some reason 1603 I or another, uhatever else that the public could be commanded to -- 1604 1 or given the opportunity to do. Why are we dolng this, and is 1605 I this a departure from the previous practices? I PRESIDING OFFICER: (SENATOR DONAHUE) 1607 Senator Raica . 1609 SENATOR RAICA: 1611 r Well, thank you, Senatoç Demuzio. That's a very good question. 1613 I This facility has been functioning since 1972 and was functioning 1614 I until 1993. They assumed: when the new owners took possession of 1615 ! the facility, that they Were grandfathered in. They were 1616 I instructed that they were grandfathered in, only to find out that 1617 I they ueren't. At that time, they Were functioning as a tr#nsfer I ! station, and they did have local approval from the -- for zoning. 161: The residents support it, the county baard supports it, in 1619 addition eo the local municipality. And thae's the reason vhy 1620 we 're attemptin: to do this today. It passed out of the House on 1621 a very good roll call, and I would hope that it vould do the same 1622 . f if bhis Body . PRESIDING OFFICER: (SENATOR DONAHUE) 1624 ) Senator Demuzio. 1626 SENATOR DEMUZIO: 1628 I So -- so that I understand it, then khere was thls company 1630 I that was operatin: this facility prior to, then sold khP faeility 1631 I to the new owners. And the new owners had Khe understanding that 1632 I because of the purchase that they were grandfakhered in and 1633 I therefore the permits would just simply be transferred into their 1634 f names, and therefore they would not have to go back through the 1635 siting process again. This ls then ko grandfather them in from 1636 35  STATE OP ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION . SENATE TRANSCRTPT 103rd Legislative Day May 8, 1996 their permit -- from the -- from the previous owners, and this 1637 would noe require a public hearing, the county to make approval of 1638 the new permit and EPA to be involved in the issuance. Is that 1639 l 1 . right? PRESIDING OFFICER: (SENATOR DONAHUE) 1641 I I Senator Raica. 1643 SENATOR RAICA: 1645 I ! If they -- Senator Demuzio, my understanding on this concept 1647 I was that they were informed that they wculd not have to go through 1649 I the permit process since they had been functioning sinee 1972. In 1650 1993, when this came up, it wasn't that big of an issue. There 1652 I I were two landfills that were in that community that Were -- that 1653 were functioning. since then, one lnas closed, and they figure I within the next two years the other one's qoing to close, which 1654 l means that county u111 have nothing and that's why the urgency to 1655 I pass this legislation is before us today. 1656 I PRESIDING OFFICER: (SENATOR DONAHUE) 1658 I Senator Demuzio. 1660 I SENATOR DEMUZIO: 1662 I Well, I would rise in oppositton.. I think the sitln: 1aw that 1664 I was put into effect, the siting process, in allowing and involving 1665 f the publlc back into the process of sitingz would be circu' mvented 1666 I by the passage of this law. And this would certainly just be a 1667 I signal to a1l of the other individuals who wanted to try to bypass 1668 ! the siting question to come directly to the Legislature. So. T 1 . would rise in opposltion. 1669 PRESIDING OFFICER: (SENATOR DONAHUE) 1671 I Further discussion? Senator Palmer. 1673 I SENATOR PALMER: 1675 I Thank your Madam President. A question of the sponsor. 1677 ! PRESIDING OPFICER: (SENATOR DONAHUE) 1679 I Indicates he'll yieldr Senator Palmer. 1681 ! 36  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 SENATOR PALMER: 1683 Senator Raica, Wasnlt this operation denied a permit in 1994? 1685 Aren't they in the process of appealing that denial? 1686 PRESIDING OFFICER: (SENATOR DONAHUE) 1688 Senator Raica. 1690 SENATOR RAICA : 1692 Senator Palmer, I guess they were denied only -- let me see 1694 where I have that here. They were they thcught they Were 1695 exempted, but they were not. Since that would take over a yearr 1696 khey are requestin: for -- Illinois EPA to be grandfathered in. 1697 And T guess -- my understanding is, that's what they were denied. 1698 They, in good faith, when they purchased this facility, thought that that they were already grandfathered in prior to 1700 purchaslng this -- this property, and this has been functioning 1701 since 1972 and was first closed in 1993. So they were functioning 1702 for over twenty yearp. PRESIDING OPFICER: (SENATOR DOXAHUE) 1704 Further discussion? Senator Welch. 1706 SENATOR WELCH : 1708 Thank youy Madam Presldent. seems to me that the whole .1710 purpose of *he passage of Senate Bill 172 was to allok public 1712 input into the siting of landfills, transfer stations, or anythtng 1714 else dealing with garbage in local ccmnunities. It looks to me 1715 that what we have here is one conpany purchased another landfill and now says that we Want to take advantage of their existence 1716 prior to the passage of Senate Bill 172 in 1980. Well, if that's 1717 the caser you could you eould continually transfer these 1718 landfklls among individual companies wikhout ever having any 1719 public input. And I -- I think that the public is entitled to have a say as to whether this transfer station should be allowed 1720 or not. So think that the precedent of havin: specific 1721 exemptions to siting of landfills is the Wrong Way to go. thlnk 1722 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Leglslative Day May 8, 1996 Senator Raica has a -- has been known to be supportive of the 1724 environment throughout his career, but just think that this is not a qood idea, to start making indivldual exemptions. 1726 PRESIDING OFFICER: (SENATOR DONAHUE) 1728 Further discussion? Senator Geo-Karis. 1730 SENATOR GEO-MARIS: 1732 Madam President and Ladies and Gentlemen of the Senate, I was 1734 a cosponsor, along with Senator Demuzio, of Senate B#1l and 1736 think it's a good bill - still on *he books. However, in this 1738 case, there is two provlsions that have to be met. One is that 1739 thq nuntetpal of six -- four, rather. One, that the site has local zoning approval and, two, that the municipal waste transfer 1740 - - transfer station was in existence on or before January 1, 1979, 1742 and was in continuous operations from that date to January 1743 1993. But another key provision is that the operator can 1744 demonstrate -- has to demonstrate that the county board or the municipal governing body does not object to resunption of the 1745 operation of the station. Therefore, I think it has enough 1746 safeguards in the bill and I think a good bill under the 1747 clreumstances. And with those safeguards, I certainly urge a -- a 1748 Tavorable consideration. PRESIDING OFFICER: (SENATOR DONAHUE) 1750 Further discussion? Senator Lauzen. 1752 SENATOR LAUZENJ 1754 Thank khank you, Madam President. Just a quick question 1756 for the sponsor. Is this an exception to the slte hearing 1759 processy and if it is, why don'E ehese folks go through and have a 1760 hearing? PRESIDING OFFICER: (SENATOR DONAHUE) 1762 Senator Ratea. 1764 SENATOR RAICA: 1766 . Senator Lauzen, thls facility, as sfaEed, has been 1768 38 l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 functioning since '72. When the 1aw passed in 1981: they were 1769 allowed to function unbil 1993. They 're -- they had, at that 1770 time, everyone's authorization. And sinee this is a -- not a 1771 landfill - this is a transfer station - they had a -- trash compactor that they used to transfer the waste tnto this site out 1772 of this site. It's -- it was not a landfi11. They're not really 1774 bypassing the -- the siting, per se. In good faithz When they 1775 entered into -- into thts agreement, they assumed that they were 1776 ( Jrandfathered in,and that's why thiswaspurchased to-- to -- to ' j ! it originally. The county has no objection to it. The locals -- 1777 I there was a -- a newspaperarticleinWhichthey--thelocal 1778 t people were not opposed to it. It Would actually benefit them, 1779 for themerefactithasbeenfunctioning forthatlongperiodof 1780 j a time. It has been there. It is there. They have had no problem with it. Theylre -- the reascn of the urgency is because 1781 of the. factthatthelronelandfill,asIstated,isgoing-- has 1782 j closed and another one, they assume,isgoingtocloseintwo 1783 1 I years,andtheyhaveaskedthisBodytoattemptto--to:et this 1784 1 approvedbecause,inqood faith,whentheyenteredthatagreement, 1785 1 they thought that they were going to be grandfathered... PRESIDING OFFICER: (SENATOR DONAHUE) 1787 J . Senator Lauzen. ConextdoortoSenator... Okay. Standat 1789 1 Senator 1792 1 ease for a minute, Ladies and Gentlemen. This one Works. Demuzio, I'm afraid your nike wan't work. That's why we're on 1793 hold right now. 1 can't -- I can't put your mike onr sir, because it kon't work. That's why wedre ln a hold. So, forgive me. 1794 ...Mahar seeks leave oftheBodyforRichardG.Hesslautotake 1795 1 somevideotape of the Senate Floor. Is leave granted? Leave is 1796 1 granted. Again,IWillstate,we'reinkindofaholdhere. Our 1797 1 microphones aren't working. We 're working on that. And the voting 1798 system. Wecan't vote. ss.carroll, for what purpose do you seek 1 recognltion? 1799 i 39 i  STATE 0F ILLINQIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 SENATOR CARROLL: 1801 I ! Thank you, Madam Prestdent. I just realized that 1803 J inadvertentlyy before the damage to the systen, that the record 1805 had shown tha: I had voted No on -- on House Bill 1645. I had 1807 1 intended to vote Yes, and I would like the record to so reflect. I PRESIDING OFFICER: (SENATOR DONAHUE) 1809 ? ! The record will so reflect. ...rtght. I think we're back on 1811 7 track here. We're on House Bill 2725, sponsored by Senator Raica. 1812 I Senator Walsh. SENATOR WALSH: 1814 l Thank ypu, Madam President. Would the sponsor yield for... 1816 PRESIDIHG OPFICER: (SEKATOR DONAHUE) 1818 Indicates hefll yield, Senator Walsh. 1820 SENATOR WALSH: 1827 ! Senator Raica, eould -- could you tell ne where ln Westmont 1824 . this is located? ; PRESIDING OFFICER: (SENATOR DONAHUE) 1826 ! Senator Ratca. 1828 I SENATOR RAICA ) 1830 ' Thank you. Hello? It's in Westmont on the Dupaqe County 1832 I side y senato'r Walsh . ! PRESIDING OFFICER: (SENATOR DONAHUE) 1834 p senator Walsh. 1836 ! SENATOR WALSH: 1838 f What part of Westmont is in any other county? But: nc, I,m -- la4c I ' rious. Is -- this is a transfer station? 1842 l I m cu PRESIDING OFFICER: (SENATOR DONAHUE) 1844 ! Senator Raica. 1846 1 . I SENATOR RAJPA: 1848 ' 1 ïes. 1850 I PRESJDfNG OFFICER: (SENATOR DONAHUE) 1852 . ! Senator Walsh . 1854 40 E  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 SENATOR WALSH: 1856 i There is -- there is support from the locals, the mayor and so 1858 foreh for thls transfer station? 1859 PRESIDING OFPICER: (SENATOR DONAHUE) 1861 Senator Raica. 1863 l SENATOR RAICA : 1865 Yes. 1867 ! PRESTDING OFFTCER: (SENATOR DONAHUE) 1869 Senator Walsh. 1871 SENATOR WALSH: 1873 ! And one last questionr Senator Raica. I apprecsate you taking 1875 the time to answer these. Was it -- uas this transfer station in 1876 ! operation and put out of business by the passage of House Bill 1877 1594? PRESIDING OFFICER: (SENATOR DONAHUE) 1879 Senator Raica. 1881 SENATOR RATCA: 1883 No. They were affected by -- I think it was Senate 3i11 172 1885 ! in 1981, although they were allcwed to function till about 1983... 1886 . PRESIDING OFFICER: (SENATOR DONAHUE) 1888 ! Senator Walsh. Oh. . ' 1890 SENATOR WALSH: 1892 D1d -- did the passage of -- of Hause Bill 1594 have an effect 1894 ! on -- on the operatlon of this place? 1895 PRESIDING OFFICER: (SENATOR DONAHUE) 1897 ; Senator Raica. 1899 SENATOR RAICA : 1901 Not that Idm aware. 1903 PRESIDING OFFICER: (SENATOR DONAHUE) 1905 Senator Walsh. Senator Walsh. 1907 SENATOR WALSH: 1909 i This -- I just wanted to point out that -- that this bill is 1911 41 '  STATE OF ILLINOIS 89TH GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8. 1996 - - 2725 is sinilar to a bill that we had earlier in the Sessiony 1912 House Bill 1089, whlch we passed legislatlon Which had an 1913 unintended effect, and Ne've had to go back and -- to help people. 1915 And the unintended effect of thts Was we Were putting someone out of business, thls company that senator Raica is trying to help: 1916 Browning-Ferris. And the unintended effeet of House Bill 1089 Was 1917 pueèing a small businessman, the Flood Brothers, out of business. 1919 And I think we have to realize, occasionally , when we make 1920 mistakes and go back and -- and help these people, and stand in strong support of your bill. 1921 PRESIDING OFFICER: (SENATOR DONAHUE) 1923 Senator Dillard. 1925 SENATOR DILLARD: 1927 Thank you, Madam President, Ladies and Gentlemen of the 1929 Senate. just want to point out to the Bcdy that this particular 1931 transfer gtatlon is in my Senate district. It's one transfer 1932 station. It's been, èssentially, in existence since when I was in 1933 high schooly and the local municipality 's mayor, as well as the 1934 county board in Dupage, stand in support of thls bill as well. 1935 And it's one transfer station. It's in my distrlct. It's been 1936 around for ages. And I certainly rise in in support of it. 1937 PRESIDING OFFICER: (SENATOR DONAHUE) 1939 Further discussion? Senator Karptel. 1941 SENATOR KARPIEL: 1943 Well, thank you, Madam President. I just vant to say that 1945 find it a little bit ironic that Senator Raica is sponsoring thls 1947 bill, since he voted No on House Bill 1089, whlch was a similar 1949 type occurrence, as Senator %alsh said. I thinkr though, that We 1951 al1 -- in this Body, we should realize that when we pass legislation that affects businesses or people - whatever - that's 1952 - - that is already operating and in practice, that Ne shouldr in 1954 fact, exempt them or grandfather them in and let them continue 1955 42  STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 operating. Thls one -- this business Was put out of -- out of I business for awhile because of the passaqe of sBl72, the sitlns 1956 I I bill. The Elocd Brothers will shortly be out of business as wellr 1957 because House Bill 1089 is held up in the House, someuhere in this 1959 Chamber -- I nean, these Chambers here, floating around in linbo. 1960 And I am supportive of this b1ll because I'm supportive of 1962 business getting into thesekindofsituatlonsoverlegislation j that is passed by this -- this Assembly. But: very frankly, I 1963 think HouseB11l1089deservestogetahearing over in the House 1965 J as well. PRESIDINQ OFFICER: (SENATOR DONAHUE) 1967 Further discusslon? Senator Hendon. 1969 SENATOR HENDON: 1971 Thank you, Madam President. I think it's important that we 1973 point out the difference between this situaticn and the Flood 1974 Brothers, since this is brought up under discussion. Senator 1975 Dlllard has sald that this ls in his district, and the Senator, 1977 from whose district this is in, is in support of it. I think that 1978 nakes a trenendous difference, and I commend Senator Raica for hiS 1979 vote on 1089 because the Senator in which 1089 - the Flood 1980 Brothers '- is lccated was vehemently opposed to that. And: 1982 therefore, because the Senator from thls district is supportive of 1984 itz then I intend to vote Aye, and I believe that we all shoulê 1985 sometimes - most times - look to the Senator whose district is belng affected by this legislation. If Senator Dillard was 1986 against this in his districtr T would vote No. But Senator 1988 Dillardsaidheisfor1t,andIvoteYes. PRESIDING OFFICER: (SENATOR DONASUE) 1990 1 Further discussion? Purther discusston? Seeing none, Senaeor 1992 Raica, to close. 1993 SENATOR RAICA: 1995 Thank you, Madam President. I would just ask for a favorable 1997 I 43 f  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8r 1996 roll call. PRESIDING OFFICER: (SENATOR DONAHUE) 1999 The question is, shall House Bill 2725 pass. Those in favor 2001 will voteAye Opposed, Nay. The voting is open. Have al1 voted 2002 J . who wish? Have a11 voted kho wish? Have all voted Who uish? 2003 1 Take the record. On that question, there are 48 Ayes, 5 Nays, 2005 none voting Present. House Bill 2725: having received the required constitutional majority, is declared passed. Senator 2006 f Watson, on House Bill 2737. Out of the record . Senator Mahar, on 2008 2747. Out of the record. Top of page 6 is House Bill 2836. 2009 Senator Burzynski. Read the bill, Mr. Sqcretary. 2010 SECRETARY HARRY: 2012 House Bill 2836. 2014 (Secretary reads title of bill) 2016 3rd Reading of the bill. 2018 PRESTDING OFPICER: (SENATOR DONAHUE) 2020 Senator Burzynski. 2022 SENATOR BURZYNSKI: 2024 Thank you, Madam President and Ladies and Gentlemen of the 2026 Senake. We began discussion on this bëll last week relative to 2027 the tultion funds that were generated by State universities and 2028 the fees generated by State universities being transferred to the 2029 State for reallocatlon back to the individual instttutions. There 2030 was a considerable amoun: of discusslon ehe other day, some coneerns expressed relative to the overslght of universities and 2031 what we should do here in the State of Illinois. I guess I uould 2032 submittoyouthatthoseconcerns,whilevalid,certainly do not 2033 J really accurately reflect everything that we do k1th oversight in 2034 1 the State of Illinois.Theseschools stillhave oversighk by their 2035 ' 1 oWn college boards, as well as by the State Board of Education, 2036 ! and still 2.7 billion dollars of funding that goes to higher f education is overseen by this Body. So r I would be more than happy 2037 I i 44 p  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 to answer any questions that might come forward. 2038 PRESIDING OFFICER: (SENATOR DONAHUE) 2040 Is there any discussion? Senator Demuzio. 2042 SENATOR DEMUZIO : 2044 Well, thank you, Madam President. This is a tremendous 2046 departure from what We have done in the past here. It seems to me 2047 that is a legislative prercgative of this Body order to 2048 continue to appropriate the income funds. Is -- is it my understanding that the universities now would retain the income 2049 funds in their own account and then they would draw the interest, 2250 they would not spend the noney untll the Legislature gives 2051 approval? Is bhat what -- is that what we're -- we're talking 2052 about in this bill now? PRESIDING OFFICER: (SENATOR DONAHUE) 2054 Senator Burzynski. 2056 SENATOR BURZYNSKI: 2058 Senator, I'm not sure that they would be obligated to not 2060 spend the funds until legislative approval; however, they would 2062 keep the funds in a separate income fund acccunt to be utilized 2063 much in the same way they are now. PRESIDING OFFICER: (SENATOR DONAHUE) 2065 Senator Demuzio. 2067 SENATOR DEMUZIO : 2069 Well, I think this is a terrible practice. It just seems to 2071 me that that is a prerogative of the General Assembly. We ought 2072 not to glve it away. It seems to me that the universkties have -- 2û73 you know, are usurping their power, at least in this particular 2075 area. The legislative appropriations process would be viclated, 2076 and I would stand in opposition. PRESIDING OFFICER: (SENATOR DONAHUE) 2078 Purther discussion? Senator Collins. 2080 SENATOR COLLINS: 2082 45  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 1996 Question of the sponsor. The -- Senatory the ineerest drawn 2084 on assumin: that you would do thisz the interest drawn on this 2085 money, what -- what will -- will they add that to their budget or 2086 to next year's appropriation, or how would that be done? 2087 PRESIDING OFFICER: (SENATOR DONAHUE) 2089 Senator Burzynski. 2091 SENATOR BURZYNSKI: 2093 The interest that would be earned on the budgets would be kept 2096 locally: Senator. The university would use it in their income -- 2097 fund. They could utillze those funds to either reduce their cost 2099 to skudents' reduce their fees, or also to keep for next year's 2100 expenses. PRESIDING OFFICER: (SENATOR DONAHUE) 2102 Senator Collins. 2104 SENATOR COLLINS: 2106 Senator, how much money -- if you yould take their budget from 2108 last year and -- and segregate thcse funds and aïlow -- and take 2110 it out of the Treasurer -- State Treasurer, how nuch noney could 2111 have possibly been earned lnterest on that money - total amount 2112 of money? PRESIbING OFFICER: (SENATOR GEO-KARIS) 2114 Senator Burzynski. Senator Burzynskl. 2116 SENATOR BURZYNSKI: 2118 Thank you. My understanding: Senator, is it's someplaee 2120 between 2.9 and four million dollars of interest earned. 2121 PRESIDING OFFICER: (SENATOR GEO-KARIS) 2123 Senator Palmer. I nean, Senator Collins. I'm sorry. 2125 SENATOR COLLINS: 2127 Senator, had they invested that money through the Treasurery 2129 as -- as we often do now to generate more income, to mctivate and 2130 stimulate and assist tnvestments and those kinds of community 2132 development projects that hopefully create jobsz and -- and for 2133 46  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 103rd Legâslative Day May 1996 the formation of capital at the community level to add more revenue ro ehe state Treasurer, don't you think that We would have 2134 -- get more benefit as a State out of that money by allowing the 2135 money to renain in the Treasury? 2136 PRESIDING OFFTCER) (SENATOR GEO-XARIS) 2138 Senator Burzynski. 2140 SENATOR BURZYNSKI: 2142 Well, Senator, I guess what -- whak J vould argue is the fact 2144 that these funds are colleeted locally. They are not State 2145 dollars, per se, khen they eome into our General Fund. And 2146 certainly I think that We should allow these universities to -- to 2147 -- or, to encourage these universities to use tuition fundinç to 2148 keep their expenses down to the students. PRESIDING OFFICER: (SENATOR GEO-KARIS) 2150 Senator Coklins. 2152 SENATOR COLLINS: 2154 Welly just disagree with you. think, like Senator 2156 Demuzio said, this is a very bad precedent. Supposing every other 2158 agency and institution decided that they want to come and keep 2159 their money, and then from there on We would have no State 2160 Treisury; we will have no noney to invest to -- to generate new revenue. It's -- itfs a major part of generation of new revenue, 2161 the money that the Treasurer place in banks and invest and -- and 2162 - - and generate interest, neW incomey for the State. So think 2163 it's a bad, bad idea. PRESIDING OFFICER: (SENATOR GEO-KARIS) 2165 Any further discussion? Senator Rauschenberqer. 2167 SENATOR RAUSCHENBERGER: 2169 Thank you. Would the sponsor yield for a question? PRESIDING OFFICER: (SENATOR GEO-KARIS) 2173 He indicates that he will. 2175 SENATOR RADSCHENBERGER: 2177 47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGPLAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Senator Burzynski, is -- is the Treasurer's Office in support 2179 or opposition to this bill? 2181 PRESIDING OFFICER: (SENATOR GEO-KARIS) 2183 Senator Burzynski. 2185 SENATOR BURZYNSKI: 2187 They're not in support. 2189 SENATOR RAUSCRENBERGER: 2191 Ts the Comptroller... Senator, is the Comptroller's Office in 2193 support or opposition? 2194 PRESIDING OFFICER: (SENATOR GEO-KARIS) 2196 Senator Burzynski. 2198 SENATOR BURZYNSKI: 2200 They're not in support. 2202 PRESIDING OFFICER: (SENATOR GEO-KARIS) 2204 Senator Rauschenberger. 2206 SENATOR RAUSCHENBERGER: 2208 Senatcr, is the Covernor's Office and *he Bureau of ehe Budget 2210 in support or oppositlon to this bill? 2211 PRESIDING OFFICER: (SENATOR GEO-KARIS) 2213 Senaton Burzynski, 2215 SENATOR BURZYNSKI: 2217 Theyfre not in support. 2219 PRESIDING OFFICER: (SENATOR GEO-KARIS) 2221 Senator Rauschenberger. 2223 SENATOR RAUSCHENBERGER: 2225 I certalnly appreciate the sponsor's desire to deal with an 2227 institution in his district, and I certainly respect and admire 2228 the -- the kind of cross-purposes that some Members have with 2229 institutions of higher education in their dlstrict. But I'd like 2231 to point a couple things out. Tuition dollars paid to State 2232 school are State revenues. They don't belong to the University of Illinois, or Illinois State University, or Southern Illinois 2233 48  STATE OP ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 103rd Legislakive Day May 8: 1996 University, or Eastern, or any other university. Theyfre part of 2234 I a State system. They are State-supported. They should be subject 2235 ! to State appropriatlon oversight. I have to question the motives 2236 I of the universities. We are less than one year into a major 2237 I management reorganization of the universities. We've eltninated ' the intermediate boards. As I spoke to the sponsor before and 2238 ! have spoken to a number of the universities: they should prove two 2239 years of stewardship and get their house in order before they come 2240 and ask for this kind of authority. One has to lcck no further 2241 than some of the things that are happening in the higher education 2242 foundations and some of the concerns that have been raised about the higher education pension administration. There should be 2243 appropriation oversight. I urge Menbers to carefully consider 2244 this bill and vote No. PRESIDING OFFICER: (SENATOR GEO-KARIS) 2246 Any furtber discussion? Senator Carroll. 2248 SE#ATOR CARROLL: 2250 Thank youp Madam Presidentz Members of the Senate. I just 2252 want to say TIm proud to say, I guess, that I'm joining the 2253 Treasurer, the Comptroller, the Governorg the Bureau of the 2254 Budqet; tha: T am not in support either to the sponsor. And I 2255 think, very similar to the conments of the Chairman of i Appropriations, this is a three-million-dollar raid on General 2257 Revenue. It is taklng khree million dollars out of the State 2258 Treasury to add to these schools. These are -- these are State 2259 dollars. They should be ln the Ska*e Treasury. If these ! universtties want it: let them go private. Then they don't have 2260 I to be subject to State appropriatlons; they don't have to be in 2261 I the State Treasury. Let them become private institutions and top 2262 ! - - stop taking the State subsldy that keeps their tuitions low 2263 ! because of other taxpayer dollars. It is not fair for them to try 2264 1 and steal another three million dollars out of Lhe State Treasury I 49 p  ! ' 1 STATE OF ILLINOIS I 89TH GENEPAT, ASSEMBLY 1 I REGULAR SESSION SCNATE TRANSCRIPT I l 103rd Legislative Day May 8, 1996 to the harm of a11 others, when, in fact: they fve done very well. Their request for funding the last two years has been exactly What has been appropriated by the General Assembly and slgned by the Governor. If they needed three million dollars more, they should have nade the request straight up and not try to do it by back door. I khink this is a kerrible idea. PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Maitland. END OF TAPE TAPE 2 SENATOR MAITLAND: Thank you, Madam President, Members of the -- of the Senate. As a former Senate Appropriations Committee Chairman, I disagree with the present Senate Appropriations Committee Chairperson, and another former Appropriations Committee Chairperson, and the Governor, and the Comptroller, and the Treasurer. I rise in support -- I rise in support of -- of House Bill 2836. Itls -- tt's amazing to me how sometimes in this Chamber and this General Assembly we are in a mode of independence in giving flexibility to agencies of State government and unlversities and khe like, and that, frankly, was one of the purports of the -- of the -- of the -- of Ehe reorganization that we passed a couple of years ago. This gives the universities some flexibiliky. The Appropriations committee will have oversight. The State will have oversight. These nunbers aren't hidden. They're not hidden at all. They're there. We know what khey have. The State subsidy that Howard -- Senator Carroll refers to is absolutely the -- the portion from l 50  STATE OF ILLINOIS 89TH GENERAL ASSEMNLY REGULAR SBSSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 i the State that they get that adds to and supplements the tuition. And this sinply gives the unlversities - the individual ' universities - the flexibility to have the dollars in place and to use them in a given fiscal year. That's the Mode of the futurew ! Ladies and Gentlemen. You ought to support House Bill 2836. PRESIDING OPFICER: (SENATOR GEO-DAKIS) ' It Would be very nice if we could hear the speakers when they speak. And I a:k *he indulgence of khis great Body of Senators to give their aktention to the speakers. I'd appreciate it. Further - - further discussion? Senator Palmer. .

Thank your Madan President. A question of the sponsor.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Indicates he will heed.

Senator, is this primarily pass-through money? What I mean by that is that there is no real value gained. Ik comes from the local to the State, and then it turns around and goes back to the universikies. Is that correct?

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

Yes, Senator, that is correct. It is flow-through dollars. Really, you know, Wedve got a 1ot of discussion here about the fact that this is an appropriations issue when it really isn't. It's -- it's primarily a cash-flow issue for those universities.

PRESIDING OFFICER: (SENATOR GEO-XAKIS) I Senator Palmer. j SENATOR PALMER: I Since on my analysis al1 of the universikies -- ehe major I universities are in support of this, it would seem to me that I there is some common need that this addresses. Could you tell me I 51  STATE OF ILLINOIS 89TH GENERAL ASSKMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislakive Day May 8, 1996 about that, please? PRESIDING OFPICER: (SENATOR GEO-KARIS) I Senator Burzynskl.

Well, absolutely. In fact: this General Assenbly has approved j supplemental appropriations for Chicago State University at least 1 twice khat I can think of, because they Were unable to access j their local tuitions and fees - those funds being held by the I State. So I think that's a prime exanple of the need to go ahead ! and pass this legislation, to give those universities flexibility 1 within their current budgets. 1 PRESIDING OFPICER: (SENATOR GEO-KAQIS) I Senator Palmer. I SENATOR PALMER: I As I understand it, Senator, one example of flexibility would I be that, in the -- in Sepkember or Augusk when universities open ! their doors, it's often noe known how many core sections they will I need for such basic courses, for example, as biology, English and I so foreh. And they do not know really until the last minute hoW I -- what their population is going to be - the student population. I So I underskand this allows them then to open more sections in I order ko meet that skudent need . I

PRESIDING OFPICER: (SENATOR GEO-KARIS) I Senator Burzynski.

1 . ïes, Senator, that is correct. This will allow universities flexibility Eo meek the needs of their enrollment trendsp as they I -- as they approach thetr enrollments and as they look at their I registrations. I PRESIDING OFPICER: (SENATOR GZO-KARISI Senator Palmer.

52  STATE OF ILLINOIS 89TH GENEQAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPQ 103rd Legislative Day May 8: 1996 Just to close, then. I stand in support of this leglslaelon. I think that it does meet a need. And as Senator Maikland pointed out, I didn't support the move eo give each of these universities autonomy, but since welve done it and we said that we wanted them to act on their own behalf, khen it seems to me this is part of that action.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussions? Senator Welch.

Thank you, Madam President. The other day the president of one of the universities came to see ne and asked me to support this bill, and I told him I couldn't because of the loss of three to four million dollars to the State budget. And his response Was very interesting. He said that the universtties had talked among thenselves and they had agreed they'd be willing to give back the Roney the State would lose. They think they could make more money than we can here in the State of Illinois on their behalf. So it seems to me that a compromise could very easily be Worked out here by changing khe appropriations ko the universities to make up for this lost three million dollars. Not once in the sponsor's speech has he mentioned that they want the three million dollars; it's the oversight issue. Well, it seems to me We'd be willing to qive them the oversight, let us keep the money, and we'll have a happy medium. But until then, I think we should be voting No until there is sone agreenent as to how this is going to work out.

PRESIDING OFFICER: (SENATOR GEO-RARIS) Any furkher discussion? Senakor Shaw. SENATOR SHAW ) Thank you, Madam President. Will the sponsor yield?

PRESIDING OFFICER: (SZNATOR GEO-KARIS) He indicates that he will.

53  STATE OP ILLINOIS 89TH GENEDAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 ; Senator, how much money are We kalking about -- hoW much money are we talking about not appropriating here with the ten ; universities that are involved? Do you -- can you tell us that? PRESIDING OFFICER: (SENATOR GEO-KARIS) ! 1 senator Burzynski. 1 , ssxhToR BuRzvxsxz: ! The -- the estimate, Senator, are about four hundred million dollars. That would leave over -- approximately 2.7 billion I dollars that would still be appropriated and handled by the State. I PRESIDING OFFICER: (SENATOR GEO-KANIS) I Senator Shaw. 1 SENATOR SHAW: I I have an analysis here. It said four hundred and forty-six I million dollars. Now, how is this money -- where -- where does I this money -- how do -- the university -- explain to usr how does ! the university get this amount of money -- excess amount of money? I How does this come about? I PRESIDING QFFICER: (SENATOR GEO-KâRIS) I Senator Burzynski. I i SENATOR BURZYNSKI: I First of allr Senator, this is nok excess funds. These are I ! funds that are now brought into the Stake General Revenue funds I l and reappropriated by the Appropriations Conmitkee and by the I General Assenbly. So theydre not excess dollars. And wedre not I talking here about, I think, a control issue so much either: as we I are about a cash-flow issue and how the universities can utilize I E their funds. Senator Welch mentioned khe faek that -- khak weld not talked about the three or four million dollars worth of interest, that there would be the posstbility of khat coming back. We can simply address that through the Appropriations Committee yet this year. That is not a major problem. It's not a major ! concern. But, certainlyr these are not excess funds. These are ! 54  STATE OF ILLINOIS 89TH GENERAL ASSEMNLY REGULAR SESSION SZNATE TRANSCRIPT i 103rd Legislative Day May 8, 1996 funds that go back to the universities already. They are 2 I flow-through funds. PRESIDING OFFICSR: (SENATOR GEO-KARIS) I Senator Shaw.

1 Just for your information, I don't have any problems with the -- with the funds going back to khe university, but let's see if I I'm correct. These are -- this money is derived from students' 1 tuition, and that's what I mean ln excess - either overcharging by 1 the university, or you night wank to call it something else. But I there is four hundred and fortg-six million dollars lefk from the 1 . fee increase that the universities last year -- or, year before ! that they increased the tuition. Is that what wedre talking about I here?

PRZSIDING OFPICCR: (SENATOR GEO-KARIS) Senator Burzynski. E I

I Well, Senator: I -- I'm a little bit confusedr but let me try and clarify. We, as a -- as a Body, approve khe tuition rates ' that are charged at our State universities. So I -- I'm not sure ' that I call those excess funds. If youlre concerned that there will be little oversight relative to universities increasing tuition funds, I -- I Would subnit to you that -- thaty through the appropriations process, we can deal with that issue.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator ShaW . SENATORSHAW: ' j Just to the bill: This bill has been around as -- practically as long as I've been ln the Legislature. When I was in the other Chamber, this bill has been around. And, certainly, I don't see any different now than I saw at that time when I was on 1 Appropriation. If -- if we allow this money to -- the 1 . 55  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8: 1996 universities just to use this money as discretionary funds as , I they see fik - and khat's What it amounts to here if it don't come ! through the appropriation proeess - we might as well go home and I sit on our hands. There are other ageneies Ehak eharge fees, too. I Should khey be allowed to do the same thing? That's the precedent ! that you are settinq here by allowing the universities to do this. I I think it's a -- it's a danqer in this, in terms of the 1 appropriation process. I would urge all of the Members that khey ! should kake a look at this, and certainly I'm not against the ! universittes. I -- I want the universities to have the money, but p I don't see any difference than them -- the money coming through I the appropriation process, coming through this Body: and then ! going back to the university. But if wedre not going to do that, ! certainly we should just go home and sit down and let the other 1 agencies have their money, the fees that they qenerate in excess. l YOu mighk nOt Call it an exces:, but it is an excess. And, ! Cerkainly, I Would urge a No vote on this -- on this bill. I PRESIDING OFFICER: (SENATOR GEO-KARIS) I ! Further discussion? Senator Hçndon. SENATOR HENDON: I ! Thank you, Madan President. I rise in opposition to this 1 bill. I want to ask Senator Burzynski, would he be willing to I take it out of the record? Well, I -- I see he's indicating no, I and I -- I just hate to see you have a bad day at the plate. But i I k appears that you're going ko have that today, because there's bi I partisan opposition to taking away our fiscal responsibility. 1 Senakor Shaw is absolutely correct' Ladies and Gentlemen of this i I Chamber. If we do this, we =ay as well just let every agency or ' 1 every branch of our governmenk that eollects any kind of feesg or I anything, jusk don't turn any money in to the Treasurer, don't 1et ! the Comptroller look at any of khe books. Just -- let the departments and the different agencies get the money and do ! 56  STATE OF ILLINOIS 89TH GENENAT,ASSEMBLY REGULAR SESSION SENAQE TRANSCRIPT 103rd Legislative Day May 8, 1996 i i Whatever they Want and tell us Whatever they Wish. I stand in strong opposition to this bill. And in support of the Chairman of Appropriations: he has every right to be appalled at this attempt to take money away from General Revenue funds. And I have a university in ny district, but I will let them know that theyr too, have to abide by the rules and this would set a terrible precedent. I urge a No vote. PRESIDING OPFICER: (SENATOR GEO-KARIS) , Any further discussion? Senator Butler. SENATOR BUTLER: ! Thank youe Madam Presidenk. Well, will the Senator yield? , PRESIDING OFFICERI (SENATOR GEO-KARIS) He indieates that he Will. 'SENATOR BUTLER: I Senator: as I understand it, and correct mez or help me to understand this, I guess is a better Way of saying it: khe funds that are -- come back from the university, are they redistributed back ko them on.a dollar-for-dollar basis? PRESIDING OPPTCERt (SENATOR GEO-XAKIS) Senator Burzynski.

Yesy Senator. Most -- most frequently they are. It's a dollar-for-dollar. However, that transaction takes place many months after the tuition funds and the fees are collected by the university.

PRESIDING OPFICER: (SENATOR GEO-MAPIS) Senator Butler. Senator Butler.

Ilm a little wary of that word ''usuallylv or Whatever temporary word you used in there. The second part of my question ! isy that money is -- goes inko the common fundr so to speak, and I itds redistributed to khat unlversiky. Do we dictate how that 57  STATE OF ILLINOIS 89TH GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 I money will be spent? I PRESIDING OFFICER: (SENATOR GEO-KARIS) I Senator Burzynski.

only through -- only through the appropriations process that we have now, When we tell them what funds their -- their -- or, what budgets their funds may be spent in.

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

I'm sorry. I worded that very poorly. What I'm asking is, is there a -- in the -- in the appropriation process, is there -- are there specific line itemsr for -- for example? What I'm -- what I1m getting at, do we now dictake where that money will be spent?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Can we have it a little bit more orderly? Thank you. Senator Burzynski.

Senator, I believe that there are some designated funds that those dollars must be spent in.

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

Could Senator Rauschenberger clear that, please?

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

Would you repeat the question again, real quick? I'm sorry .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler, would you please repeat your question clearly? SENATOR BUTLER: ' The question is: When the money comes from the university back ' 58  STATE OF ILLINOIS 89TH GENSRAL ASSEMRLY REGULAR SESSION SCNATE TRANSCRIPT 103rd Legislative Day May 8, 1996 ko the Skate and before it's -- and when itls reappropriated, is it designated spending? That -- are those funds tsolated in any Way? Do We know What happens to khat money? I !

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Rauschenberger. SENATOR RAUSCHENBERGER Z Senator, when -- when tuition's collected, it's -- it's collected by the Treasury, and then it's appropriated, or designated, by the -- the General Assembly to spending purposes at the universities. Yes. I

PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator -- Senator Butler, are you done, sir?

Thank you. I -- I khink I have my answer. It goes into a -- a common potp so to speak. So it's lost in the -- in the distribution. Thank you. I

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

Thank -- thank you, Madam President and other Members. You know, I don't want to belabor this, but I -- I don't want to make ie seem that all-important: you knoww this -- this stuff about theydre appalledz or if we do this where webre headed with it# you know, the -- the Hchicken little'l theory khat the sky is falling. I don't think it's that big of a thing that wedre lookinq for I here. There's 2.7 billion that's still going to be appropriated. We're talking about four hundred million dollars. We just did the whole reorganization. Let them kake a look at khis. We could always take it back. I know if youlre part of Appropriations, and I Senator Carroll and Senakor Rauschenberger, there nay be some ! thing that we don't want to give up anything that wedre -- you ' I know, if We open the door a little bit, why not this agency, why I I 59  STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPQ 103rd Legislative Day May 8, 1996 not that agency, but we can look at this in six months or a year, see if they/ve acted responsibly. think what they lre asking here is very small. I understand we don't want to give up our -- our power, but we still get to overlook 2.7 billion dollars. So îf you don't want to give then this little bit, don't give it to them. But let's not act like wedre giving away the State of Illinois here and usurping our financial responsibility, because that's not in this bill. And I urge a vote -- a Yes vote.

PRESIDING OFFICER: (SENAQOR GEO-XAKIS) Thank you. Further discussion? Senator Viverito.

Yes. Would the sponsor yield to a question?

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

I'm really concerned here where I see the opponents are the Comptroller, the Treasurer and the -- the Budget Bureau. Is there something there that I don't know about?

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

Well, Senatore I khink thak their eoncern centers around the three million dollars or so in interest earnedr and not really the effect that khis bill has or the policy direction thak this bill goes. Sow you know, I thtnk those things can be addressed through Senator Rauschenberger's Appropriations Committee.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senakor Viverito.

The point being, when your as a sponsor, do not have the cooperatkon of the people that are responskble for our monies, Would think that you Would behoove yourself by listening to them, 60  STATE OF ILLINOIS 89TH GENERAL ASSAMNLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 perhaps, and then coming back here with some kind of an agreement that would be more palatable to all of us. And I would vote No on this issue.

PRESIDING OFFICER: (SENATQR GEO-KARIS) Any further discussion? Any further discussion? Hearin: none, Mr. Burzynski, to close. SENATOR BURZVNSKII Thank you, Madan President. First of all, this bill has has generated a lot of discussion, and it's good discussion and I appreciate that on both sides of the issue, the pros and the cons. I think it's really important to point out that what wefre tryinq to do here is really address a cash-flow situation that exists in many of our State universities. For those of you that are opposed to this bill, I understand that, but I would respectfully urge you to consider when one of the State universities, which might be -- which you might represent or be in your area, Chicago State University, comes to us for a supplemental appropriation, how appropriate that might be when we could have handled it legislatively through this bill. Pirst of all, this bill does streanline the collection process. It really does. It takes care of -- provides for efficiencies for the universities, the Comptroller and the Treasurer's Office. It also allows universities to carry forward income fund balances, allowing for better long-term plannlng. For those of you who think that State still doesn 't -- ore doesn 't control themz yes, the Stake skill controls a sizable portion of their allocations - about 2.7 billion dollars. I think that's important to point out. I think, also, that you have to understand that we have oversight of these universities currently through the General Assembly, through the Board of Higher Education, and also by the Audit Commission, Which has taken a more proactive role nowy as we have khe individual governing systems for each universtty. would emphasize, in my 61  STATE OF ILLINOIS 89TH GENCDAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislakive Day May 8: 1996 opinion, these are not State dollars. These are funds that are -- that are contributed by local universities, and therefore, deserve a chance to have -- to stay there. I thlnk it's very appropriate for us to point out it's a good bill. It allows more flexibility with our universities. I Would ask and solicit an Aye vote.

PRESIDING OFFICER: (SENATOR GCO-KARIS) The question is, shall House Bill 2836 pass. Those in favor will vote Aye. Qhose opposed will vote Nay. The votin: is open. Have al1 voted who Wished? Have all voted who wished? Had -- have al1 voted who wished? Have all voted Who Wished? Take the record. On that question, there are 30 voting Aye, 23 voting Nay, none voting Present. And this bill, havtng received the required constitutional najority, is declared duly passed. Senator Denuzio.

Thank you, Madam Chairperson. Could ve see if theyfre all in their seats, and in the Chamber, and ask for a liktle verification?

PRESIDING OFPICER: (SENATOR GEO-KKRIS) Senator -- Senator Demuzio has requesked a verification. Will all Senators be in their seak? The Secretary will read the affirmative vokes.

The following Members voted in the affirmative: Bomke, Bowles, Burzynski, Buklerp Cronin, Cullerton, DeAngelis, DeLeo, Dillard, Donahue, Dunn, Farleye Geo-Karis, Hawkinsonw Karpiel, Luechkefeld, Mahar, Maitlande Molaro, O'Danielz Palmer, Peterson, Pekka, Raica, Rea, Siebeny Walsh, Watson, Weaver and Woodyard.

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

Senator Raica. 62  STATE OF ILLINOIS 89TH GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8: 1996 j

PRESIDING OFFICER: (SENATOR GEO-XADIS) I Senator Raica. Is Senator Raica here? He's right there. Al1 I six feet of him. Who else, Senator Demuzio? ! SENATOR DEMUZIO: I I don't Want to verify anybody over here. So is anybody over ! there I should? ! PRESIDING OFFICER: (SENATOR GEO-KARIS) I I don't think so. ' SENATOR DEMUZIO: ' What about Senator Walsh? Is he here? '

PRESIDING OFFICER: (SENATOR GEO-RARIS) He 's standing up stron: and tall. Are you done? Are you ' done, Senator Demuzio? Are you done? Senator Demuzio. ! SENATOR DEMUZIO: I Thank you, Madam President. I -- I didn't -- What did you ! ask? PRESIDING OFFICER I : (SENATOR GEO-XARIS) Are you done? I SENATOR DEMUZIO: I No. I was just lookin: to see all my friends, and I see some are for me and some arenlt. And I just was curious as to -- no, I 1 think thak's 1t. . I

PRESIDING OFFICER: (SENATOR GEO-XARIS) 1 On -- on khat question, on a verified roll callr the Ayes are I 30, the Nays are 23, and *he -- khis bill, having received the required constitutional majority. is declared duly passed. House I ( Bill 2900. Senator Fitzgerald. We'll read some Commltkee Reporks I first. We'1l read Committee Reports. ! ACTING SECRETARY HAWKER ) j Senator Weaver, Chairman of the Committee on Rules, reports I that the following Legislative Measures have been assigned: I Referred to Education Committee - Senate Amendment No. 2 to House ! 63  STATE OF ILLINOIS 89TH GENERAL ASSIMALY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 I Bill 1684, Senate Anendment No. 2 ko House Bill 2230, and Senate Amendment No. l to House Bill 3426: referred to Environment and Energy Committee - House (sic) Amendment No. 3 to House Bill 2515; , referred to Local Government and Elections Committee - Senate , Amendment No. l to House Bill 2695, and Senate Amendmenk No. 2 to , House Bill 30417 Be Approved for Consideratlon - Senate Anendment No. l to House Bill 3670.

PRESIDING OFFICER: (SENATOR GEO-RARIS) Ladies and Gentlemen of the Senate, welre going back to House Bill 2900. Senator Pitzgerald. Madam Secretary, will you read the bill? '

House Bill 2900. I I (Secretary reads title of bill) 3 1 rd Reading of the bill. I

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

Thank you, Madam Presidente Ladies and Gentlemen of the I I Senate. Eouse Bill 2900 deals with the Senior Citizens Assessment 1 . Preeze Homestead Exemption, and ik clarifies that if *he applicant I for the freeze dies, that his surviving spouse is eliqible for the 1 . exemptionr even if he or she is under sixty-five years of age but I otherwise qualifies for the exemption. It clarifies that that j survîving spouse will get the exemption for the taxable year 1 preceding and the taxable year afker the death of the spouse. I?d ! appreciate a favorable roll call. 1 PRESIDING OFFICER: (SENATOR GEO-XARIS) I Any further discussion? Any further discussion? Hearing ' none, the voting is open. Those in favorr vote Aye. Those l opposed will vote Aye. As I said, the voting is open. Have a1l ' voted who wished? Have all voted who wished? Have all voted who 64  STATE OF ILLINOIS 89TH GENERAL ASSEMNLY RZGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 ! wished? Madam Secretaryz take the roll. On that question, there are 55 voting Ayer none votinq No, none voting Present. And this I ! bill, having received the required constitutional majority, is I hereby declared duly passed. House Bill 2916. Senator Raica. I I Senator Raica? 0ut of the record. House Bill 3050. Senator I Maitland. Madam Secretary, read the bill. 1 ACTING SECRETARY HAWKER: : House Bill 3050. . (Secretary reads tltle of bill) ! 3rd Readin: of the bill. ! I

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Maitland. ' !

! Thank you very much, Madam President, Members of the Senate. ! House Bill 3050 is a bill thak deals with the City of Streator. ! In 1987 they had entered inko a consent decree with the IEPA ko ! upgrade their -- their sewer project, and as a part of this 1 . design, as I understand it, they must -- they had to create a -- a I first flush basin. And while it was under construction, severe I floodinq caused this basin to collapse into an abandoned coal mine that no one knew was there, and so they redesigned the projeck, and -- and in redesigning it, kook on a little extra property and found out khat they were not -- or did not hold clear title to all the property. To make matters worse, the property that they did not hold clear title to was in -- in bankruptcy. And so what this does is allow for an extension -- a six-month extension and -- and allow for a quick-take deed to allow this first flush basin sanitary system project to proceed. This bill had no opposition in the House. It came out of committee unanimously. I know of no opposition. This is a must-do situation for this ctty, and I would seek the Body 's support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 65  STATE OF ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPQ 103rd Legislative Day May 8, 1996 Any further discussion? Any further discussion? Hearing none: the question is, shall House Bill 3050 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting's open. Have all voted who wished? Have all voted who Wished? Have a1l voted who wlshed? Madam Secretary, take the record. On that question, khere are 53 voting Ayee none voting No, none voting Present. This billw having received the required constitutional majority, is hereby declared passed. House Bill 3057. Senator Klemm? Out of the record. House Bill 3141. Senator Dillard. Madam Secretary, will you please read the bill?

House Bill 3141. (Secretary reads title of bil1) 3rd Reading of the bill.

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

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 3141 splits the Dupage County Board and our Forest Preserve District into ewo separake elected entities, and kt reduces the size of ouT county board tn the County of Dupage by the corresponding amount of the new forest preserve commissioners that Would be elected. This is supported by our local Dupage County Board, and its Chairman, Mr. Gayle Franzen, and I believe there is a mandate back home for this. I'd be happy eo answer any questions. PRESIDING OTFICERr (SSNATOR GEO-EARIS) Any further discussion? Any further discussion? Senator Demuzio. Hearing nonee the question is, shall House Bill 3141 pass. Tbose in favor, vote Aye. Those opposed wil1 vote Nay. The voting is open. Have al1 voted who wished? Have al1 voted who wished? On that questïon, take the recordy Madam Secretary. There 66  STATE OF ILLINOIS 89TH GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103:d Legislative Day May 8, 1996 are -- there are 45 (sie) (55) votin: Aye; there are none voting No: there are none voking Present. This bill, having received the required constitutional majority, is hereby declared passed. Senator Demuzlo, for what purpose do you risew sir?

Thank you. Madam President. On on House Sill 2900, I failed to push my button. I Would like to have the record reflect that I would have voted Aye, had I been here.

PRESIDING OFFICER: (SENATOR GEO-XAQIS) The record will be so noted, sir. Senator Maitland: for What purpose do you rise?

Thank you very much, Madam President. I -- I rise on a point of personal privilege to -- to indicate that on House Bill 2697, am reliably informed that I Was shown as voting red, and I 1, frankly, meant to vote green and I Would like the record to so indicate my intent.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The -- the record will so be indicated. Thank you. House Bill 3161. Senator Rauschenberger? Madam Secretary, read the bill.

House Bill 3161. (secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Rauschenberger. Senator Rauschenberger. Try *he next. It looks like our voices are out agaln. So kf you dll stand at ease for a few seconds -- few nlnutes until we gek *he voices back. I imagine the storm might have somethin: to do with itr because there is a bad one out there. Stand at ease for a few minutes till we correct the mechanics. 67  STATE OF ILLINOIS 89TH GENENAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT ! I 103rd Legislative Day May 8, 1996 I I (SENATE STANDS AT EASE) I (SENATE RECONVENES) i ! PRESIDING OFFICER: (SENATOR CEO-KARIS) : I think our electricity is back. And I think we Were on House ! Bill 3161. Are We ready yet? Stand at ease for about another minute or two, please. The electrician's working. (SENAQE STANDS AT EASE) (SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Our electricity is back in order, so we're ready to proceed again. Senator Rauschenberger, you were beginning to expound on ( your bill, and that's 3161. Senator Rauschenberger. 1 SENATOR RAUSCHENBERGER: ' Thank you, President and Ladies and Gentlemen of the Senate. ! l -- I don't think I'd yet begun to expound, but 1'11 try to pick I up where I might have left off. House Bill 3161 combines the good ! work that the Senate did in Senate Bill 1390 and Senate Bill 1391, ! both of which -- which passed out without any opposition in the I Senate. Itls a combination of two programs requested by the I Snvironmental Protection Agency . Since b0th 1390 and 1391 are no I ! longer alive in the House, it's incumbent upon us, hopefully, to I nove this bill. The bill has two provisions. The first provision I ereates statutory authority for the Department to enter into an I emissions trading system and create a market for enissions ' I 68  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 103rd Legislative Day May 8: 1996 I reductions, and the second part is the -- is a copy of the Federal XL Program, which allows property owners ko enter into bilateral agreements, with the -- with the Environmenkal Protection Agency to provide cleanup that would be greater than normally required I under the permit process. I urge a favorable roll call. I I PRESIDING OFPICER: (SENATOR GEO-KARIS) . I Any further discussion? Any further discussion? Hearing I nonee the question is, shall -- oh, I'm so sorry. Senator Jacobs. I I

1 It's my fault, Madan President. j PRESIDING OFPICER: (SENATOR GEO-KARIS) I You're right. I SENATOR JACOBS: I ' I Would the sponsor yield for a question? PRESIDING OFPICER: (SENATOR GEO-KARIS) I Senakor Rauschenberger indicates he will. I

Senator, if my neighbors and I buy one of these surplus agreements, can we burn leaves and preempt khe local ordinances?

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

Senator Jaeobs, it depends on whether or not we've passed a mandates amendment.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jaeobs. Any further discussion? Any further discussion? Hearing none: the question is, shall Senate -- House Bill 3161 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a1l voted who wished? Have all voted who wished? Have a1l voted who Wished? Madam Secretaryz take the record. On that questionr there are 52 voting Aye, none voking No, none voking Present, and this bill, having ; : 1 69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 103rd Leqiszative nay May 8, 1996 I received the required constitutional majority, is hereby declared : passed. House Bill 3193. Senator Bukler? I'm sorry. House Bill 3165. Senator Mahar. Madam Secretary, will you read the bill?

House Bill 3165. (Secretary reads title of bill) 3rd Reading of khe bill.

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

Thank you, Madam President, Members of the Senate. This bill gives the Department of Nuclear Safety the power to subpoena witnesses to aktend and give kestimony in administrative ! proceedings and *- or investigations and to subpoena the production of books, papers or records that are relevant or material to any such administrative proceedings or investigation. This is similar ko What other agencies have. Commiktee Amendment No. l is agreed language bekween the Illinois State Medical Society and the Department of Nuclear Safety. It is a compromise E which allows the Department to access the patient and patient records, but restricts access of khe patient records after they are in khe possession of the Department. There was no opposition in committee, and I'd ask for your support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 3165 pass. Those in favor, vote Aye. Those opposed Will vote Nay. The voting is open. Have a1l voked who wished? Have all voted Who Wished? Have all ' voted who Wished? Madam Secretaryy take the record. On that j question, there are 55 voting Aye, none voting No, none voting ' Present. This billp having received the requîred constitutional majority, is hereby declared passed. House Bill 3193. Senator 70  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Butler? Out of the record. House Bill 3199. Senator Walsh? 3199? 0ut of the record. House Bill 3204. Senakor O'Malley? Ouk of the record. House Bill 3282. Senator Peterson? Madam Secretary, read the bill.

House Bill 3282. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Madam President and Members of khe Senate. House Bill 3282 amends the Property Tax Code regarding homestead improvement exemptions, and this does not apply to Cook County. Under current law, homestead improvement exemption of up to thirty thousand per year may be taken if a proposed increase in assessed value is aktributable solely ko a new lmprovemenk of an existing structure. The amount of the exemption is applicable for the next four years or the next general assesgment, whichever is later. If an assessment is increased due to an improvement, House Bill 3282 requires the appropriate assessing official to either notify the kaxpayer that he or she may be eligible for the homestead improvement exemption, or grant it automatically.

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

I have a queskion of the sponsor.

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he Will heed it.

Senator, how would khe notice to the homeowner be made?

PRESIDING OFFICER: (SENATOR GZO-KARIS) 71  STATE OF ILLINOIS 89TH GENEDAT.ASSKMBLY REGULAR SESSION SENATE TRANSCRIPT I ! 103rd Legislative Day May, 8, 1996 Senator Peterson. Senakor Peterson.

It could -- as far as I knowr it could -- it just says, either notify a taxpayer -- it could be by nail or verbally. I don't believe in the language in the bill it specifies, but they can also do it automatically.

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

Thank you. I had a -- I had a bill just like this a feW years ago, and the objection was raised that the cost of the notification was qoing to be a problem . What we had worked out was the -- a notice would be on your annual tax bill to the -- to the homeowner. So -- but -- but I think this is a great idea, and I support it.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate -- sball -- shall Eouse Bill 3282 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wished? Have a1l voted who wished? Have a11 voted Who Wished? Madam Secretary, take the record. On that question, there are 53 voting Aye, none voting Nor none voting Present, and this bill, having received the required constitutional majority, is hereby declared passed. House Bill 3309. Out of the record. House Bill 3348. Out of the record. House Bill 3396. Senator Barkhausen? 0ut of the record. House Bill 3447. Senator Bomke. House Bill 34477 Senakor Bomke. Are you ready? Madam Secretaryy will you read khe bill? ( i ACTING SECRETARY HAWKER: I House Bill 3447. ! I i (Secretary reads title of bill) PRESIDING OFPICER: (SENATOR GEO-KARIS) 1 1 72  STATE OP ILLINOIS 89TH GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 ' j Senator Bomke. SENATOR BOMKE: Thank you, Madam President and Ladies and Gentlemen of the Senate. This is a voluntary effort to get farmers to do the right thing and protect urban water supplies by establishing a grass strip of sixty-six feet wide along tributaries that feed urban i ! reservoirs in order to filker the water as it leaves a farm field, khus keeping the soil and fertilizers or chemicals on the field and out of the water supply. In -- ln an attempt to get farmers to voluntarily do this, their assessed evaluation (sic) would be i reduced, and I'd be happy to answer any questions anyone might ( have . I I PRESIDING OFFICER: (SENATOR GEO-KAKIS) Any further discussion? Senakor Woodyard. SENATOR WOODYARD: Yes. Thank you, Madam President. Senator Bomke, I -- I E certainly support this. I -- I tried to get a question answered ! this morning and I -- I really don't have an answer for it yet. i But, as I understand it, in this bill, it can be a -- a minimum of sixty-six feet wide. Is that correct? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Bomke. SENATOR BOMKE: 1 That is correct, Senator. I i PRESIDING OFFICER: (SENATOR GEO-KANIS) ' Senakor Woodyard. SENATOR WOODYARD: Yes. Okay. If ik has a -- a minimum widkh of sixty-six feetp What is the maximum? And what I was trying to get at, could I put a forty-acre field next to a stream into this filter strip and still get a sixEh off? PRESIDING OFFICER: (SENATOR GEO-KARIS) ' j . 73  STATE OF ILLINOIS 89TH GENEDAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Senator Bomke.

Senator, there is no maximum. Sixty-six feet is the wkdth. That -- it cannot be any less than that, nor can it be more than that and get a tax credik.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator o'Daniel.

Thank you, Madam President. I rise in support of this legislation. think it's probably one of the better pieces of legislation that came out of here for some times, and not only does it help the farmer, it helps all of our society. You knoW: as -- as Senator Bomke said, it -- it keeps silt out of our municipal water supplies, out of the road ditches. Also it -- it provides some habitat noW -- ik Would provide habitat for upland game, like quail, and -- and pheasant, and rabbit, and things of this nature, since we've -- did away wikh all of the hedgerows. And as the federal farm program moves into -- as they phase it out over the next seven years, khere lll be a 1ot of land kaking -- put back inko production, where we're farming from fencerow to fencerow, and and I think theredll be some fragile land. And if we can keep this silt out, it's going to help all of our society, and I would ask for everyone's support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you. Any further discussion? Any further discussion? Hearing none, *he question is, shall House Bill 3447 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted Who wished? Have all voted Who wished? Have all voted who wlshed? Madam Seeretary, please take the record. On that question, there are 54 voting Aye, none votin: No, l voting Present, and khis billg having received the required constitutional majotityv is hereby declared passed. Nog, the next 74  STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd begislative Day May 8, 1996 bill is Eouse Bill 3451. Senator Bomke, did you wish to bring that back for -- ko 2nd Reading? Senator Bomke seeks leave of the Body ko return House Bill 3451 to the Order of 2nd Reading for purpose of an amendment. Hearlng no objection, leave is granted. On the Order of 2nd Reading is House Bill 3451. Senator Bomke. Madam Secretary, are there any Floor amendnents approved for consideration?

Amendment No. 3, offered by Senators Bomke and Luechtefeld.

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

Thank you: Madam President. This amendment would allow for a voluntary interqovernment aqreement between the Sheriff's Office, Cook County, Department of Corrections and Public Aid, to do a cross-reference and a monthly check to determine how many of those who are incarcerated are receiving a public aid checky in an attempt to get those off the public aid rolls thak are incarcerated.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, all those in favor of this amendment, say Aye. All opposed, Nay. The Ayes have ik in khe opinion of the Chair. The amendment is adopted. Any further Floor amendments?

No further anendments reported.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 3455. Senator Dillard. Read the bill, Madam Secrekary.

House Bill 3455. (Secretary reads title of bill) 75  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 103:d Legislakive Day May 8, 1996 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard, did you wish to recall this bill to 2nd Reading? Senake -- Senator Dillard seeks leave of the -- the Body to return House Bill 3455 for the purpose of tabling an amendment. Is that correct, Senator?

...Madam -- that is correct, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Would you make your motion: please?

Having voted on the prevailing side, and also being the sponsor of Amendment No. l to House Bill 3455, I would move to table that amendment.

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

Yes. Would khe sponsor yield?

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

Senator, could you give us a little background as to What the amendmenk is about and why you're tabling it?

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

Senator Cullerton, this amendment was for khe Univen Refinery, which is in my particular Senake diskrict, and Ehey wanked the authority where khey have an emergency police force or an emergency response keam to also be able to eavesdrop. The amendnent is -- it's not really controversial, but may have problems in the House of Representatives across the rotunda. And I 76  1 l STATE oF ILLluozs 89TH GENERAL ASSEMBLY I RSGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 prefer to kake it off so khat khe bill Ehen will be clean on 3rd Reading, and wedre able to pass an eavesdropping bill -- an agreed eavesdropping bill without any baggage on to Governor Edgar either later today or tomorrow. I just want to take this off. Ik's for an energency response unit. That's all it is. PRESIDING OFFICER: (SENATOR GEO-KKRIS) Senator Cullerton. SENATOR CULLERTON: Well, since it deals With an eavesdropping bill -- as I understand, your eavesdropping bill was -- was a -- an attempt to modify khe bill that we had passed last year, which I had - if you Gon't mind me saying - predicted was unconstitutional because ik involved more khan a single subject, and which was found to be unconstitutional by a judge yesterday. Now, had we known that that law was going to be unconstitutional, we might have had a different attitude in dealing with the interested witnesses and lobbyists, et cetera, with regard to the eavesdropping bill. So I was curious as to whether or not it was your intent to go to a conference committee with an eavesdropping bill in light of khe fact that noW we have none. There is no eavesdropping law that's operative in the State of Illinois. And to do -- to go to a conference committee on your bill you'd need to have an amendment. So khat's why I was jusk curious. Is it your intenkion ko just try to take this amendment off, pass the eavesdropping bill, which we approved out of comnittee, even though that there's no eavesdropping law on the books? So that's why I wanted to ask your -* your comment. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senakor Dillard. SENATOR DILLARD: Senator Cullerton, if the Body so desires or concurs, it's my intent to strip this amendment off, and then pass this bill on 3rd 77  STATE OF ILLINOIS 89TH GENEQAT,ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Reading as it came over from the House Within the next twenty-four hours. But, Senator Cullerton, there is a Senate bill in the 1 House also dealing with the topic of eavesdropping where we can i l work on other amendments. Obviously,your input is sought,and we j can take that Senate bill in the House, make some minor I I refinenents. But with the opinion in the Circuit Court of Cook County yesterday: there are a number of us khat feel it's incumbent that we pass a more scaled-down version down to Governor Edgar's desk, have him, hopefully, approve this so that we do have an eavesdropping law of some kind with respect to marketing on the books. I i (

PRESIDING OFFICER: (SENATOR GEO-KARIS) Anything further, Senator Cullerton? Senator Rea, further discussion?

Thank you. Point of personal privilege. I I PRESIDING OFFICER: (SENATOR GEO-KARIS) ; ! Skate your point, sir.

I have a graduate student here from Denmark who is visiting the United States and Illinois. Helll be spending a couple months i here, and I Would like for you to all give him a greak welcome to i i Illinois. His name is... q

PRESIDING OFFICER: (SENATOR GEO-KARIS) Welcome to Illinois, from Denmark. Senator Dillard, do you restate your motion again to reconsider the vote? The... I SENATOR DILLARD: I I I wish to table House amendment -- or, excuse me: Senate Amendmenk l to House Bill 3455.

PRESIDING OFFICER: (SENATOR GEO-WADIS) All right. We are voting on the mokion ko reconsider. A11 those in favor, please signify by saying Aye. All opposed. In ! 78  STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislakive Day May 8, 1996 the opinion of the Chairr the Ayes have it. And noW to the motion that this bill -- this amendmenk be tabled. Senator Dillard. All those in favor, say Aye. All opposed, Nay. The Ayes have it: and the -- this amendment is tabled. Any -- any further amendments?

No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 3510. Senator Parker? Madam Secretary, Will you read House Bill 3510?

House Bill 3510. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you: Madam President, Ladies and Gentlemen of the audience. House Bill 3510 amends khe Unified -- I'm sorry. Of the Senate, pardon me. House Bill 3510 amends Ehe Unified Code of Corrections to permit a sentencing court to terminate the sentence of an alien offender early if the federal government is prepared to deport the offender and a judge does not feel Ehat deportation would deprecate the seriousness of the offense. This bill does the same as Senate Bill 1746, which passed out of the Senate earlier this Session. I would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question isz shall House Bill 3510 be passed. And those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have a11 voted who wished? Madam Secretary, Eake the record. On that question, there are 50 voting Aye, none voting No, voting 79  STATE OF ILLINOIS 89TH GENERAL ASSKMBLY REGULAR SESSION SENATE TRANSCRIPT 103:d Legislative Day May 8, 1996 Present. This bill, having received the required conskitutional majority, is hereby declared passed. House Bill 3532. Senator Maitland? Out of the record. House Bill 3546. Senator DeAngelis. Madam Secretary, read the bill.

House Bill 3546. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR GEO-WANIS) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. House Bill 3546 allows an income tax deduction for unreimbursed home health care costs for those people who are over sixty-flve years of age. There's two qualifications. One, the home care has to be delivered by a licensed service; and secondly, it has to be prescribed by a licensed practical nurse or a medical doctor. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senakor Weaver.

On a point of personal privilege.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Skate your point, Senator Weaver.

In Ehe gallery right behind me are a group of skudents - eighth-srade students - from Azcola. I1d like the Senate to welcome them ko Springfield.

PRESIDING OFFICER: (SENATOR GEO-KARIS) We welcome you here. Thank you for coming to Springfield. Any further discussion? Senator Cullerton.

80  STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Yes. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR GEO-KARIS) The sponsor will yield.

Yes. Senator DeAngelis, is that your fan club up there? The analysis that I have in my computer says that there is no fiscal impact estinated since there has nok been a determination of how the deduction would be utilized. Do you have any -- any information as to how this Would be utilized and -- and what the cost would be to the State?

PRESIDING OFFICER: (SENATOR GEO-WADIS) Senakor DeAngelis. SENATOR DeANGELIS: No, Senator Cullerton. But let me just tell you that, you know, in business, there are costs that are costs; some are investnents. Hopefully, by the use of home healkh servicesr you keep people out of nursing homes and other more expensive Eacilities.

PRESIDING OFFICER: (SENATOR GEO-KAKIS) Anything further, Senator? Senator Cullerton.

Yes. Is there any means test applied to who can utilize this deduction, or could anyone of any income level be able ko utilize themselves of the deduction?

PRESIDING OFFICER: (SENATOR GEO-XAKIS) Senator DeAngelis. SENATOR DeANGELIS: That's a good question, but there is no means tesk.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Anything furthery Senator Cullerton? Any further discussion? Senator Raica.

81  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 I I Thank you, Madam President. A point of personal privilege. PRESIDING OFFICER: (SENATOR GEO-KARIS) ! State your point, sir.

I rarely stand up and question anything Senator Weaver has to say, but apparenkly there's something wrong with khis pictureg but if we are going to say this is the graduating class -- eighth-grade class, I would like to mention that I would like to congratulate Mrs. Philip, Who is part of that graduating eighth-grade class.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Well we certainly congratulate all of you. Further discussion? Senator Rauschenberger.

Thank you, Madan President. Would the sponsor yield for a couple of quick questions?

PRESIDING OFFICER: (SENATOR GEO-KARIS) I think he will.

Senator, is this deduction analogous to the -- khe -- the health care insurance deduction that -- that was moved last year when we had the kind of broad-based discussion that Illinois has a flat tax, very simple, with very few deductions and very few credits? Is this roughly the same type of thing?

PRESIDING OFFICER: (SENATOR GEO-WAQIS) Senator DeAngelis. SENATOR DeANGELIS: . Well, we are not altering the tax structure. Yesp in terms of I deductions, this is a deduction against your income. PRESIDING OFFICER: (SENATOR GEO-WANIS) ' i Senator Rauschenberger. 1

82  STATE OF ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 103rd Legislative Day May 8, 1996 So, at the same time, again, that the federal government -- our federal our federal colleagues are looking at simplification, wedre headed down the road of -- of creating deductions and exemptions and credits ko a simple flat kax that we have in Illinois?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: Well, Senator Rauschenberger, if you're accustomed to payin: taxes, and I'm sure you are, you will find ouk there's quite a few lines after line thirty-two that this can be applied to. There's a lot of space. PRESIDING OFFICER) (SENATOR GEO-KKRIS) Senator Rauschenberger.

So, did -- we did kind of open a door when we decided that health premiums, perhaps, were deductible and foz the correct me if I'm wrong, but if, for example, I were to spend a thousand dollars on -- on maintaining myself at home in health services that somehow were to be qualified, that the tax deduction I would get would have a value to me of thkrty dollars. Is that correct?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: Thirty-five dollars, I believe.

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

Would you -- thirty or thirty-five? Would you -- wouldnlt it be thirty dollars With a three-percent tax rate?

PRESIDING OFPICSR: (SENATOR GEO-KANIS) Senator DeAngelis. 83  STATE OP ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 i SENATOR DeANGELIS: 1 Okay. Itls khirty -- thirty bucks. I

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

In -- in closing, I just -- I guess I Would caution Members that, again, we're kind of headed down a path here of complicating a flat-rate, sinple income tax. Last year we talked abouk the dangers of allowing health insurance to be deductible, and now welre -- kind of have an undefined group of health services, which may or may not qualify. And the last thing ls, keep in mind we do noE have an IRS in the State of Illinois; we do not have the capability to do the same kind of auditing the feds do. So when you have complex and not well-defined deductions, you kind of put your Tax Code and your revenue sources at risk. Thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- any furkher discussion? Any furkher discussion? Hearing nones do you wish to close, Senator DeAngelis? SENATOR DeANGELIS: Well, normally I would not respond to that, but, Senator Rauschenberger, there are qualifications. If you were listening ko what I was saying, there had ko be two qualifications. And then I don 't know what you mean by ''complicating'f the system. In fact, this morning as I was listening to the radio, Ehe federal government is, at this point, as we speak, voting on a bill that would allow eighty-percent deduction for people who are insuring thenselves. Okay? If youdre saying complicating means welre not following the federal form, I would agree with you; wefre not doing this. But I have to tell you, look at the upside. This i would keep people out of facilities that normally will be 1 i deductible, and hopefully we keep them in home health care, which I is less expensive. 84  STATE OF ILLINOIS 89TH GENEDAT. ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT ' 1 103rd Legislative Day May 8, 1996 i

PRESIDING OFFICER: (SENATOR GEO-KAKIS) Are you closing? Are you done? SENATOR DeANGZLIS: Yes. 1...

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further... The question is, shall House Bill 3546 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have all those who Wish to vote voted? Have -- al1 those in favor will vote Aye. Those opposed will vote Nay. Take khe record, Madam Secrekary. On that question: there are 53 voting Aye, 2 voting No, none voting zero -- none voting Present, rakher. And this -- this bill, having received khe required constitutional majority, is hereby declared passed. House Bill 3549. Senakor Molaro, for what purpose do you rise, sir?

A point of personal privilege, please.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Would you state your polnt of personal privilege, Senator Molaro?

In our illustrious Body today, coming up from Chicago to testify and be part of our process later in Appropriationsz is the Clerk of the Circuit Court of Cook County, Aurelia Pucinskt.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Welcome, Ms. Pucinski. Aurelia Pucinski. House Bill 3549. Senator Sieben? Read the bill, Madam Secretary.

House Bill 3549. (Secretary reads title of bill) I 3rd Reading of the bill. I

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Sieben. 85  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996

Thank youg Madam President and Ladies and Gentlemen of the -- : of the Senate. This bill amends the Illinois Lottery Law, and l adds some provisions to deal with people who handle fraudulent or false tickets. It also nakes some changes regarding the use of the funds; would allow for the transfer of the excess interest ' fund into the Lottery Fund, which would benefit directly the Common School Fund. Know of no opposition, and I move for khe I passage of the bill. PRESIDING OFFICER: (SENAQOR GEO-KARIS) ' Any further discussion? Any further discussion? The question is, shall House Bill 3549 pass. Those tn favor, vote Aye. Those ( opposed will vote Nay. The voking is open. Have al1 voted Who wished? Have all voted Who Wished? Have all voted who wished? E Madam Secretary, take the record. On that question, there are 56 voting Aye, none voting No, and none voting Present. This bill, j having received the required constitutional majority, is hereby declared passed. House Bill 3617. Senator Raica, do you Wtsh 1 this bill returned to 2nd Reading for the purpose of an anendment? Senator Raica seeks leave of the Body to return House Bill 3617 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is l House Bill 3617. Will you read -- are there any amendments on the Floor? : ACTING SECRETARY HAWKER: ' Amendment No. 2, offered by Senator Raica.

PRESIDING OPFICER: (EENATOR GZO-KARIS) Will you stake khe amendment, Senator Raica? !

I Will, Madam President. Amendment No. 2 deletes the Word I 'Idiskribukion'' and adds *he word ''carel'. That's all ik does. I ! would just ask for its adoption. 86  STATE OF ILLINOIS 89TH GENEPAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT I 103rd Legislative Day May 8, 1996 PRESIDING OPFICER: (SENATOR GEO-KARIS) i All right. Is there any further discussion? Hearing none, I a1l those in favor of this amendment: please signify by saying . Aye. A1l opposed, say No. The oplnion of the Chair, the Ayes have it. The amendmenk is adopted. Are there furkher amendmentsp Madam Secretary?

No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-XAQIS) 3rd Reading. Senate -- House Bill 3625. Senator Fawell? Read the bill, Madam Secretary.

House Bill 3625. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you very much. House Bill 3625 is an agreed bill between the State Chamber of Commerce and the IEA (sic) (IEPA). We passed an identical bill over to the Eouse on a 55 to nothing vote. It basically -- what it does is ik helps promote mutually agreed resolutions without resorting to litigation When there is a contaminated site. Does not hinder the Attorney General or khe I State's attorneys from instigating kheir own enforcement action independenk of the IEA (sic) (IEPAI, but it is a bill whichs hopefully, will stop a lok of litigation. I will be glad to answer any questions. PRESIDING OFFICER: (SENATOR GEO-KARIS) I Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 3625 pass. Al1 those in favor, i vote Aye. Al1 those opposed will voke Nay. The voting is open. 87  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Have al1 voted who wished? Have all voted Who wished? Have al1 voked vho wished? Madam Secretary, take the record. On that question, there are 57 voting Aye, none voting Nor and none voting Present. This bill, havinq received the required constitutional majority, is hereby declared passed. Senator Philip wtll now take the microphone.

If I could have your attention for one minutez and I'd like to inkroduce fifty-four lovely, charming, sweet, debonair, suave ladies from the greatest Republican county in America: including my lovely wife, Nancy Louise, and the President of the Dupage County Women's Federation, the largest federation in the State of Illinois, Joan Salvato. So if they would please rise and be recognized by the Senate. And if this is the eighth-grade graduatlon class, we are in serious trouble. Going to the botton of page 7. Senake Bill -- House Bill 3637. Senator Sieben. Read the bill, Madam Secretary.

House Bill 3637. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Sieben.

Thank you, Mr. President and Ladies and Gentlenen of khe Senate. This legislation directs the Department of Revenue to include a statenent of the appeal options available to taxpayersr either by law or Department rule, for each penalty for late payment, failure to file a tax return on or before the due daEe of filing, and failure to file correct information returns. Thatls all it does, and I'd ask for the passage of the bill.

88  STATE OF ILLINOIS 89TH GENERAL ASSEMNLX REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Any further discussion? Any further discussion? If not, Senator Sieben, to close. All right. The question is, shall House Bill 3637 pass. Those in favor of it will vote Aye. Those opposed, Nay. The voting is open. Have you all voted Who wish? Have you all voted Who wish? Take the record. On the question, there are 56 Ayes, no Nays, no voting Present. House Bill 3637, having received the required constitukional majority, is declared passed. ...Bi1l -- House Bill, excuse me, 3670. Senator Fitzgerald, do you wish this bill to return to 2nd Reading for the purposes of amendment? Senator Fitzgerald seeks leave of the Body to return House Bill 3670 to the Order of 2nd Reading for the purpose of amendment. Hearing no objections, leave is granked. On the Order of 2nd Reading, House Btll 3670. Senator Fitzgerald. Read the amendment, Madam Secretary.

Amendment No. to House Bill 3670, offered by Senator Bomke.

Senator Bomke.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. The amendment is in response ko the Cook County Circuit Court's holding that P .A. 89-428 is unconskitutional, and although we feel that the Appellate Court will reverse the Circuit Court's decision and hold the Act and determine that the Act is constitutional, it's important to offer this legislation to protect our children. The legislation is -- is the same. The pedophile stuff's the same thak was contained in Senake Bill 721, including Sex offender Community Notification Law; allowing for public access to names, addresses, conviction information of persons regiskered under the Sex Offender Registrakion Act for sex offenses committed against a child under eighteen, including registration of sex offenders; adds kidnapping and unlawful 89  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 restraint of a person under eighteen by someone other than a parent to the list of offenses for which registration is required. ! i It includes all the pedophile and child criminal offenses that was 1 I contained in Senate Bill 721. Thank you. PRESIDENT PHILIP: Senator Cullerton. SENATOR CULLERTON: Yes. Would the sponsor yield? 1 ! i PRESIDENT PHILIP: He indicates he will. Senator Cullerton. SENATOR CULLERTON: I I Senator, khis bill did not go -- this amendment did nok go to 1 I the Judiciary Conmittee, and it's a hundred -- hundred and eighty pages long. Is this amendment identical to the bill -- to that portion of the bill khat we passed earlier this year that the judge found to be unconstitutional? PRESIDENT PHILIP: Senator Bomke. SENATOR BOMKE: Senator, that -- this portion of the bill is identical. That's correct. PRESIDENT PHILIP: Senator Berman. I thought you had concluded. Senator Cullerkon. SENATOR CULLERTON: Yes. I wanted ko see if khe sponsor would yield to another question. ! PRESIDENT PHILIP: He indicakes he will. Senator Cullerton. SENATOR CULLERTON: Senator, I spoke against that billy specifically because of the problem with the single-subject issue, which was -- as I 90 (  STATE OF ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 103rd Legislative Day May 8: 1996 indicated earlier, ehe -- khe judge agreed with the argument. So ! perhaps we should be careful when we -- when we vote on this bill ! again: to make sure khat there are no other constitutional issues. And -- and I have a question for you. This -- does this amendment apply retroactively to sex offenders who have already been released?

Senakor Bomke. E

Senator, the initial legislation did not, and does not, take ! effect until June 1st. E

Senator Cullerton. , ! SENATOR CULLERTON : ! No. I don't think -- maybe I didnlt make it clear. I'm not talking about the -- the effective date of the bill. I'm saying : that once the bill becomes effective, does it apply to sexual offenders who have already been released, or is it prospective ! only? !

Senator Bomke.

i Why doesnlt this thlng ever go ouk when you want lt to? I Senatorp yesp it would be rekroactive to those individuals. ! I PRESIDENT PHILIP : ! Senator Cullerton. I I

Well, Would you like to, as the sponsor of the bill, indicate : on the record whether or not you -- you think there's a -- why you ! don 't think there's a constitutional problem? Ex post facto laws I that Welre passing to -- in other Words: soneone has already been sentenced, someone has already been releasedr theylve served kheir 1 91  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8: 1996 sentence. We are telling them Ehat now theg have to go and -- and, in effect, register themselves. I can understand if We're going to pass this prospectively, we tell people up front, ''If you get eharged with this offense, found guilty and released, you have to do this.'' But what about those people Who have already been oukp been released? They 've been out for ten years, fifteen years, twenty years. They haven't done anything wrong. I'm afraid that you might have a constitutional problem, and I just wanted to know if you want to jeopardize the whole btll with this -- with this Section.

Senator Bomke. SENATOR BOMXEJ Thank you. We feel that this is not punishment. It's just merely asklng then to -- requiring them to -- to register, therefore not unconseltutional.

Senator Berman.

Thank you. I have a question of the sponsor.

Indicates hedll yield. Senator Berman.

In glaneing at this hundred and -- hundred-and-eighty-page amendment, I don't see that it repeals the language that we adopted when we passed the bill khae was ruled on in court yesterday or the day before. Is ls there a repeal of the previous language in this amendment?

Senator Bomke.

Senator, I'm told that LRB indicates that does no* have to 92 I STATE OF ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8: 1996 happen. PRESIDENT PHILIP: Senator Woodyard. SENATOR WOODYARD : Thank you, Mr. President. On a point of personal privilege. PRESIDENT PHILIP : State your poink. SENATOR WOODYARD: In the gallery, to the rear, is St. Paulls School from Danville, Illinois, and one of the young students up there, and I hope I'm not making -- getting you mixed up With the class up here again, is the -- the cousin of Jo Johnson, one of our staff members, by the name of Mark Matayo . PRESIDENT PHILIP: Would they please rise and be recognized by the Senate? Senator Berman. SENATOR BERMAN : Thank you. I -- I wasn't finished, but lek me -- if Senator Bomke and staff would look at this. I am kold khat khe reason LRB didn't include a repealer of the previous language was on the presumption that if the Judge Jaffe opinion is sustained by the Supreme Court, that would void the previous bill. However -- however, if the Supreme Court doesn't affirm the Jaffe decision, or the Jaffe decision isn't appealed, wedve got -- and the Governor signs this, youdve got two different Statutes on khe books. Would you address that? Why should ke have two different Statutes on the books? PRESIDENT PHILIP: Senator Bomke. SENATOR BOMKE: Thank you, Mr. President. I'm told that this happens all the ' time, and LRB will correct it with an advisory (sic). 93 I  STATE OF ILLINOIS 89TH GENENAL ASSEMBLX ; REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996

Senator Petka. Senator Petka. Senator Berman.

Thank you, Mr. President. I'm sorry. I Was just trying to understand the response. Let me suggest -- 1et me suggest, and you make the decision, but I'm -- I'm being sincere. I'm not trying to pull your chain on this. I think -- you know, this has been produced overniqht, lîterally. We're going to -- welre going ko be here tomorrow. I would suggest that you take a second look: because we ought to repeal the bill we passed. That's Why you want to move this one, and I think that that should be added in -- in other language. To repeal a bill is nok LRB'S function, and if the other case doesn't move or is overturned, youdre going to have two different Sections. Now that's -- that's just my respectful suggestion that -- if you want to amend it today, but I really think Ehat you ought to take out the language that Was adopked by Ehe bill that was ruled on in courk Ehe other day.

Senator Demuzio.

Let me inquire of the sponsor, if I might. Senator, I understand whak we're doing with this. I'm a little bik concerned also With the issue that Senator Philip has spent a great deal of time on, and -- and one which I support, and that is the LUST Fund. Now, I know that that was part of the other part of the bill that was declared ko be unconstitutional because of the subject matter, buk do you intend ko do anything with the LUST Fund? I mean, there are like fifteen hundred and thirky-six of those individuals thak are on this list, and a number of them have been bankrupted and -- and been waiting for their reinbursemenk. Do you have an amendment also on some other bill that you intend to rectify that particular part of the problem that was ruled ' 94  STATE OF ILLINOIS 89TH GENENAL ASSEMBLV REGULAR SESSIQN SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 unconstitutional, as well? PRESIDENT PHILIP : 2 Senator Bomke.

Senatorr I -- that's another subject. However, I -- I concur I that is very important, and I understand there is a shell bill in the House that wedre attempting to add thak particular issue ko. PRESIDENT PHILIP: ! Senator Demuzio.

Well, I'm satisfied with that answer, thak the -- and the I Gentleman indicates that he'll -- you know, I guess, sponsor the bill when it comes over here to rectify khat other part of the problen, because that 's a serious problem , as well. l PRESIDENT PHILIP: : Senator Collins. Senator Collins.

Yes. Question of khe sponsor, and I apologize if someone else j - - if youdve answered these questions, because 1... I

He indicates he will yield. : SENATOR COLLINS: i I'm concerned here about confidentiality of -- of minors -- of children, and I1m looking at -- you lre talking about children under -- I mean thirteen- and fourteen-year-olds, and even now we have ken-year-olds committing a1l kinds of crimes. This informakion -- who -- how will the confidentiality be protected once this information is given to the -- the schools and to a11 of these -- I mean, what will protect the -- the child, or have this confidentiality somehow we've been giving immunity -- granting immunity or totally against confidentiality in these cases?

95  STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 : Senator Bomkep

! Senator, this has al1 been previously debated and acted on by this Body, and overwhelmingly support. The language has not changed. But I would ask, What line and page are you referring to: please?

Senator Collins. I ! SENATOR COLLINS: ; At this point, I mean, I just saw this amendment, and aPParently we just -- it's something new that just got -- came : ' out. So I'm not referring ko anything, except a staff analysis and what I've heard here from the debate on the Floor, some ! questions. I'n concerned about What is going to happen to those young children, and whether or not we can do more damage and E penalize them, or setting them aside for the rest of their lives once that they have paid for their crimes, and hopefully, we've I q rehabilitated them once they are incarcerated for whatever offense that they had committed. And are you saying that somehow this amendnent allows then tor you know, to -- to report these kids? Does it continue to follow them the rest of their life wherever ! they :o? :

Senator Bomke. ! !

Senakor, this has al1 been debaked. This -- khis legislakion ! is no different than ik was when we acted on it in November. It's identical. There's nothing different than what wedve already ! acted on.

Any further discussion? If noky a11 those in favor of Amendment No. l to House Bill 3670, indicate by saying Aye. Those 96  I STATE OF ILLINOIS 89TH GENEDAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 opposed, Nay. Ayes have it. The amendment is adopted. Are there any other Floor anendments approved for consideration?

No further amendments reportedr Mrp President. I !

3rd Reading. Senator Cronin, for what purpose do you rise? I

! For purposes of an announcement.

! Make your announcement.

The -- the Senate Education Committee shall meet in Room 400, immediately upon adjournment. Room 40Q. PRESIDENT PHILIP: ; Page 10 of today's Calendar: on the Qrder of Secretary's Desk, I Resolutions. Senake Resolution 202. Mr. Secretary, read the resolution. SECRETARY HAARY: i Senate Resolution 202, offered by Senator Donahue. There were no committee or Floor amendments, Mr. President. !

Senator Donahue. !

Whyp thank you, Mr. President: Ladies and Gentlemen of the , Senate. Senate Resolution 202 deals with a situation that is taking place in ny district in the County of Cass, in the City of Beardstown. And it deals with Land 01 Lakes, a hog confinemenk that is being located there. Recently, in the construction of their hog lagoon, they skruck groundwater, and we have a greak deal of concern about the close proximity of the lagoon to the water table. And we are urqinq the Attorney General to look into this situation and take action ko slow the process down or stop 97  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day May 8, 1996 Land 01 Lakes from locating in Cass County: and I Would urge the I adoption of this resolution. '

Any furkher discussion? Any further discussion? Senator Donahue, to close.

Favorable roll call , please. ! PRESIDENT PHILIP: ! A11 right. Senator Donahue's moved the adoption of Senate Resolution 202. Those in favor, siqnify by saying Aye. Those I opposed, Nay. The Ayes have it. The resolution is adopted. Nowp I'd like to make two announcements before we come to a close. And I ! on the Secretary's Desk, on the Order of Concurrences, are Senate bills that have come back amended. I hope khat everybody would I remember to ftle their motions so we can take khose up tomorrow or ! the first part of next week. Also, evidently there's going to be ' some maintenance done on our top -- lapkop computers. I wish you would leave them here this evening. Please don't take them out of ! the building. Theydre going to be Working on them. Resolutions. SECRETARY HADRY: ; Senate Resolution 206, offered by Senator Jones and all Members. ! It's a death resolutione Mr. President. PRESIDENT PHILIP: k Consent Calendar.

Senate Resolution 207, offered by Senators Donahue and j Maitland. l ; And Senate Joint Resolution 105, offered by Senator Rauschenberger. TheyIre b0th substantive. I

! 98  STATE OF ILLINOIS 89TH GENENAT,ASSEMNLY REGULAR SESSION SENATE TKANSCRIPT 103rd Legislative Day May 8, 1996 Senator Fawell, for What purpose do you rise?

For a purpose of an announcement.

Stake your announcement.

The Senate Transportation Committee Will meet immediately after adjournment in A-l. We have about four amendments. We should get out of there pretty quickly if get over there. Thank you .

Senator Maharp for What purpose do you rise? SENATOR MANAKI Thank you, Mr. President. For the purpose of an announcement. The Senate Environment and Energy Conmittee Will be meeting on the Senate Floor at 3:30.

Senator Rauschenberger, for What purpose do you rise?

Thank youe Mr. President. For purposes of an announcement. The Senate -- the Senate Subcommittee on Bills and Amendments scheduled to meet at l o'clock Will meet immediately following Session here today, and the Appropriations Subcommittee on Revenues will follow us at 4 o'clock in Room 212.

Is there any further buginegs to come before the Senate? If not, Senator Mahar moves the Senate skand adjourned till 9 a.m., Thursday, May 9th. 99 4 REPORT: TIFLDAY STATE OF ILLINOIS 96/10/07 PAGE: 001 89TH GEVERZL ASSEHBLY 13;kk:2) SENATE DAILY TRANSCRIPTION OF DEBATE INDEX H2Y 08, 1996 HB-O3#6 THIRD READING HB-0k31 SECOND REZDING HB-0545 SECOND REâDING HB-05k8 SECOND READIVG H8-0739 THIRD READING HB-0739 0UT OF RECORD H8-0885 SECOND READING HB-1056 THIRD REâDING HB-12k9 RECâLLED HB-1290 THIRD REâDING HB-16R5 THIRD REâDING HB-16)5 OTHER H8-1798 THIRD REâDING H8-2206 SECOND REâDING H8-2230 SECOMD REâDIMG H8-2516 THIRD REâDING :8-2571THIRD READING H8-2593 SECOND READING H8-2621 RECALLED H8-2695 SECOND READING H8-2697 THIRD READIMG H8-2697 OTHER :8-2703 SECOND READIMG H8-2725 THIRD READING H8-2794 SECOND READING H8-2836 THIRD READING H8-2860 SECOMD READIMG HB-2900 THIRD READING H8-2900 OTHER MB-3041 SECCND READING HB-30q8 SECOMD READIMG HB-3O50 THIRD READING HB-3141THIRD HEADING HB-3161THIRD READING HB-3165 THiRD READING HB-3166 SECOND READING H8-3167 SECOND READING H8-3282 THIRD READING H8-3:36 SECOMD READING H8-3447 THIRD READING HB-3)51 RECALLED H8-3455 RECâLLED HB-3510 THIRD READING H8-3546 THIRD READIHG HB-J5R8 SECOND HEADING H8-35:9 THIRD REâDING H8-3617 RECALLED 'H8-3625 THIRD READING H8-3637 THIRD REâDING H8-3658 SECOND READIMG H8-3662 SECOND READING H8-3670 RECâLLED :R-0202 âDOPTED SR-0205 RESOLUTION OFFERED SR-0206 RESOLUTION OFFERED SR-O207 RESOLUTION OFFERED HJR-0102 RESOLUTION OFFERED SJR-0105 RESOL/TIOM OFFERED SUBJECT HATTER SENATE T0 ORDEH-PPESIDENT PHILIP P&GE PRAYER-PZSTOR TED GALL PAGE PLEDGE OF ALLEGIZNCE PZGE  >e r REPORT: TIFLDAY STATE OF ILLINOIS 96/10/07 PAGE: 002 89TH GENERAL ASSEHBLF 13:41:24 SENATE DAILY TRANSCRIPTION OF DeBâT6 INDEX HâY 08, 1996 SDBJECT HATTEP JOURNALS-POSTPQNED PZGE 1 COHMITTEE REPORTS PAGE 1 INTRODUCTION OF GUEST-SEMàTOR FAKELL PRGE 2 GUEST SPEAKER-HISS IL 1jj5 TR/CY HAYES PAGE 2 HESSâGES FROH THE HOUSE PAGE 2 COMHITTEE REPCRTS PAGE 63 SENATE STANDS àT EZSE PAGE 68 SENATE RECOMVEMES PAGE 68 SENâTE STANDS kT EZSE PAGE 68 SENATE REC0N7EM6S PAGE 68 ADJOURNMENT PAGE S9