Illinois General Assembly Floor TranscriptsBrowseSenate89th GA

Illinois Senate Floor Debate — May 16, 1996

89th General Assembly (1995-1996) · Legislative day 107 · Regular Session
Chamber
Senate
General Assembly
89th (1995-1996)
Date
May 16, 1996
Legislative day
107
Session
Regular Session
Speaker turns
389
Original
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PRESIDENT PHILIP

The regular Session of the 89th General Assembly will please come to order. Will the Members please be at their desks, and will our guests in the gallerles please rise. Our prayer today will be given by Pastor James Gerald Nlchols, Pirst Unlted Methodist Church, Springfield, Illinois. Pastor Nichols.

PASTOR JAMES GERALD NICHOLS

(Prayer by Pastor James Gerald Nichols)

PRESIDENT PHILIP

Will you please rise for the Pledge of Allegiance. Senator Sieben.

SENATOR SIEBEN

(Pledge of Allegiance, led by Senator Sieben)

PRESIDENT PHILIP

Reading of the Journal.

Harry (surname or first name uncertain)

Senate Journals of Wednesdayy May 8th and Thursday, May 9th, 1996.

PRESIDENT PHILIP

Senator Butler.

SENATOR BUTLER

Mr. Prestdent, nove that the Journals just read by the Secretary be approved, unless some Senator has additlons or corrections to offer.

PRESIDENT PHILIP

Senator Butler moves to approve the Journals just read. There being no objection, so ordered. Senator Butler.

SENATOR BUTLER

Mr. Presidentr I nove that reading and approval of the Journals of Tuesday, May 14th and Wednesday, May 15thr in the year 1996, be postponed, pending arrival of the printed Journals.

PRESIDENT PHILIP

l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6z 1996 Senator Butler moves to postpone the reading and the approval of the Journalz pending the arrival of the printed transcript. There being no objectiony so ordered. Messâges from the House.

Harry (surname or first name uncertain)

Message from the Rouse by Mr. McLennand, Clerk. Mr. Presldent I am directed to lnform the Senate that the House of Representatives has concurred with the Senate the passage of a bill of the followlng title, to wit: Senate Bill 690, together with the following amendments, which are attached, the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendments l and We have a like Message on Senate Bill 1380, with House Amendment 3. 80th passed the House: as anended, May l5thz 1996.

PRESIDENT PHILIP

Senator Clayborne, for uhat purpose do you rise?

SENATOR CLAYBORNE

rise for a point of personal privilege, Mr. Presldent.

PRESIDENT PHILIP

State your point.

SENXTOR CLAYBORNE

would like for the Senate to recognlze Madeline Hoff, who is an Honorary Page out of my district today from Bellevllle, and her father, George Hoff.

PRESIDENT PHILIP

Would they please rise and be recognized by the Senate? Committee Reports.

Harry (surname or first name uncertain)

Senator Karpiel, Chair of the Committee cn Executive, reports Senate Joint Resolution 98 Be Adopted, as Amendedr Senate Joint Resclukion l03 Be Adopeed, ahd Senate Amendment Lo House Bill 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 I 2206 Be Adopted. Senator Woodyard, Chair of the Committee on Agriculture and Conservation, reports Senate Bill 1473 - the Motion to Concur with House Amendments 1 and 2 Be Adopted. Senator Butler, Chair of the Committee on Commerce and Industry, reports Senate Bill 1490 - the Motion to Concur with House Amendments l and 4 Be Adopted. Senator Sieben, Chair of the Committee on State Government Operations, reports Senate Bill 1389 - the Motion -- Motion to ! Concur with House Amendment 1 Be Adopted. Senator Barkhausen, Chair of the Committee on Financial ' Institutions, reports Senate Bill 68l - the Motion to Concur with House Amendment 1 Be Adopted, and Senate Amendment 2 to House Bill 3128 Be Adopted. And Senator Peterson, Chair of the Committee on Revenue, reports Senate Bill 1546 - the Motion to Concur with House Amendment l 3e Adopted, and Sen' ate Amendment 6 to House Bill 43l Be Adopted.

PRESIDENT PHILIP

! Resolutions. . ! i SECRETARY HARRY: i Senate Resclutlon 216, offered by Senator del Valle. : It's substantive. : !

PRESIDENT PHILIP

I would like to remind the Members that House bills on 3rd Readlng is the flnal day for passage. So on page 3 of today's l Calendar, the Order of House Bills 3rd Reading . ...Bill 22. I Senator Rauschenberger. Read the bill. l SECRETARY HARRY: I j House Bill 22. 1 (Secretary reads title of bill) . 3rd Reading of the bill. 3 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 1996

PRESIDENT PHILIP

Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Mr. President. House Bill 22: as amendedy contains the adoption subsidy language that Was discussed on 2nd Reading yesterday when we amended it, as well as the change in the statutory authortty of the Health Facilities Plannlng Board. I would appreciate a favorable roll call.

PRESIDENT PHILIP

Further discussion? Senator Carroll.

SENATOR CARROLL

Thank you. Senator Rauschenbergerr know that yesterday Senator Demuzio had asked you about an amendment I had cffered in Rules. don't know if Rules is meeting again today. That would have been a prompt-pay anendment to attach to this. I thought, in fact, you had said that -- you know, assuminq that there was going to -- would come out/ that you would hold this for that purpose. The purpose was to have two forms of prompt pay. One was that the providers would now :et interest 1f, in fact, the State didn't pay its bllls, and secondly, that State employees for whom the State had not paid nedical serviees bills and State employees who are now incurring from the practitioners interest charges: that the State employees would be given those interest payments back under a prompt pay. And Ehought you were going to hold it for that purpose there.

PRESIDENT PHILIP

Senatar Rauschenberger.

SENATOR RAUSCHENBERGER

Senator Carrolle agree With -- With many of your goals. I think prompt pay is critical. think tha: we -- with your help and with this Bodyts help, gelve brought the payment cycle into a very rational node. If you take your amendment, in the futurer STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 8aY 1996 out of Rules and through a committeer T would be happy to Work with you on a conference committee plaeement, but this is 3rd Readin: deadline day and I apologize, but I need to move this bill. So although I don't disagree Wtth what you're doing or your goals, don't feel I can hold the bill.

PRESIDENT PHILIP

Senator Geo-Karis.

SENATOR GEO-KARIS

Will the sponsor yield for a question?

PRESIDENT PHILIP

He indicates he will. Senator Geo-Karis.

SENATOR GEO-KARIS

I -- I don't seem to be able to find the blll in my so-called computer, but your -- your bill then, what does it do? just -- Would you just give me a one-line explanation?

PRESIDENT PHILJP

Senator Rauschenberge'r.

SENATOR RAUSCHENBERGER

Thank you, Senator Geo-Karis. explained the amendments briefly yesterday. I will again, so that everybody has an idea. The flrst one of the amendments changes the adoption subsidy that the Department of Children and Family Services can pay. It goes from twenty-five dollars less than the Board rate to five dollars more than the Board rate, or a thirty-dollar change. The second amendment deals with the authority of the Health Facilities Planning Board to enter court or Eo -- to force the Attorney General to enter court to try to overturn circuit court decisions on certificate of need actlons.

PRESIDENT PHILIP

Senator Geo-Karis.

SENATOR GEO-KARIS

Tn other words, your bill does not eliminate the Illinols 5 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatlve Day 8aY 1996 Health Facilities Planning Board.

PRESIDENT PRILIP

yy Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you for asking that question. No, it doesn't. Origlnally there was an amendment discussed that would have repealed the Act. This does not do that, and appreciate the clarificatlon, Senator.

PRESIDENT PHILIP

Further discussion? If notz Senator Rauschenbergerr to close.

SENATOR RAUSCHENBERGER

Thank you. appreciate a favorable roll call.

PRESIDENT PHTLIP

The question isr shall House Bill 22 pass. Those favor will vote Aye. Those opposed, vote Nay. The voting is open. Have you .a11 voted who wish? Have you all voted who Wish? Take the record. On the question, there are Ayes, no Nays, no voting Present. House Bill 22, having received the required constitutional majority, is declared passed. House Bill 24. Senator Karpiel! Senator Karpiel. Take it out of the record. House Bill 115. Senator Dudycz. Senator Dudycz. Take it out the record. House Bill 322. Senatcr Madigan. Senator Madigan Take it out of the record. Senator Wocdyard, for what purpose do you rlse?

SENATOR WOODYARD

Thank you, Presldent, Members of the Senate. For an announcement. Senator Madigan, I'd like the record to show, still 111 and will be absent today.

PRESIDENT PHILIP

Thank you. The record will so indicate. With leave... Senator Rauschenberger. Is Senator Rauschenberger asking leave to - - to consider Senatcr Madlgan's Bill 3227 Is leave granted? STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6: 1996 Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Mr. Presidenty I'd like leave to transfer sponsorship to Senator Cronin.

PRESIDENT PHILIP

Is leave granted to transfer sponsorship to Senator Cronin? Leave is granted. Senator Cronin, House Bill 322. Read the bill.

Harry (surname or first name uncertain)

House Bill 322. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDENT PHILIP

Senator Cronin. Take it out of the record. House Btll 432 (sic) (431). Senator O'Malley. Senator O'Malley. Senator O'Malley seeks leave of the Body to return Hause Bill 432 (sicl to 2nd Re#ding for the purpose of an amendment. Is there any objectlon? If not, leave is granted. Senator O'Malley. On the Order of 2nd Reading is House Bill 432 (sic). Mr. Secretaryy are l there any other Floor amendments approved for consideration? SECRETARY HARRY: . Amendment No. 6, offered by Senator O 'Ma11ey.

PRESIDENT PHILIP

Senator O'Malley.

SENATOR O'MALLEY

Thank you, Mr. President. Just a matter of clarification for the record, thls is House Blll 43l and Floor Amendment No. 6 was -- was reviewed in connittee today. It allows permissive language to allow any taxing district to abate its property taxes on property devoted exclusively to affordable housing for older households. I'd be happy to answer any questions there may be. PRESIDENT PHILIP: ! I Any further discusslon? Tf not, all those in favor, signlfy 7 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 1996 by saying Aye. Those opposedy Nay. The Ayes have it. The amendment is adopted. Any other Floor amendments approved for consideratlon?

Harry (surname or first name uncertain)

No further amendments reported, Mr. President.

PRESIDENT PHILIP

3rd'Reading. House Bill 431 -- whoop! House Blll 456. Senator Rauschenberger. Senator Rauschenberger, 456. Take out of the record. House Bill 527. Senator DeAngelis. Read the bill, Mr. Secretary.

SECRETARY HABRY

House Bill 527. (Secretary reads title of bill) 3rd Readlng of the bill.

PRESIDENT PHILIP

Senator DeAngelis. SENATOR DeANGELIS: Mr. President, I'd like to have leave to have this taken out of the record .

PRESIDENT PHILIP

Take it o'ut of the record.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) ... purpose does Senator Demuzio seek recognition?

SENATOR DEMUZIO

Thank you, Mr. Pfesident. I have a group that's in the gallery. I1d llke to proceed, I mlght, Eo introduce.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Please proceed.

SENATOR DEMUZIO

In the gallery behind me ls the Chrlstian County Farm Bureau group that's visiting with us this morning, and Idd like for them to stand and be recognized by the Senaee if you -- I might. 8 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' 107th Legislative Day May 16r 1996 PRESIDING OFFICER: (SENATOR DeANGELIS) Will our guests please stand and be recogntzed? House Bill 545. Senator Crontn? Take out of the record, Mr. Secretary. Senate (slcl Bill 548. Senator Cronin. Read the bill, Mr. Secretary. SECRETARY HARRY: House Btl1 548. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin. SENATOR CRONIN: Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 548 has a number of different components to it. We -- we we amended this bill yesterday on the Flocr. There Was Amendment No. 2 which requires first-time offenders over the age of seventeen Cook County only to, one, work toward their GED, high school diploma or voeational training and, two, to pay for the costs of the education. There's also some components that were proposed by Senator Dillard that, additton, incorporates number of initiatives to permit the Illinois Department of Corrections to maintain more control over the gang population within Creates a category of electronic contraband - namely, cellular phones, pagers, computers - and provides penalties for possession. Next, it authorizes the worker to restrict visitation to noncontack vislEs for persons involved in gang activity. Third, incorporates a number of ranges to the disciplinary proeedures whieh were previously approved as an amendment to Senate Bill 1823, the d'chain gangs'' bill, which I know everyone really is more supportive of now than ever. And, finallyr gives authority to the Attorney General to file counterclaims against an inmate on behalf of the State employee in legal actions by 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day Ma# 1996 inmates. I ask for your favorable consideration.

PRESIDING OFFICER (SENATOR DeANGELES)

PRESIDING OFFICER: (SENATOR DeANGELES) Senator Geo-Karis. Senator Cullerton.

SENATOR CULLERTON

ïes, thank you. The sponsor yield?

PRESIDING OFFICER (SENATOR DeANGELIS)

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

SENATOR CULLERTON

I'm trying to catch up on the computer here as to what -- What Went in, and I don't know if it's updated or not. What was the if you could just talk about yesterday's amendments again, just real quickly.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin.

SENATOR CRONIN

Okay. Wq added in another mode of technology: namely, videotape recorders. That seems to be a current issue, and everyone agrees that that also should be considered contraband . PRESJDTNG OFFICERJ (SENATOR DeANGELIS) Senator Cullertgn.

SENATOR CULLERTON

Senate Amendment No. 3, did that have to do with indemniftcatlon?

PRESIDING OFFICER (SENATOR DeANGELTS)

PRESIDING OFFICER: (SENATOR DeANGELTS) Senator Cronin.

SENATOR CRONIN

I I'm not sure I understand your question. I don't -- there doesn't appear there's not a component -- there is not a component of an indemnification here. There is a component ln the earlier part that requires first-time offenders to pay for the cost of their education if theylre pursuing their GED, high school diploma, voc -- voc ed. Thank you. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall House Bill 548 pass. Those in favor... Oh, I apologize. Senator Shaw. ! I SENATOR SHAW ! : Yeah. Thank your Mr. President. Will the sponsor yield? f PRESIDING OFFICER: (SENATOR DeANGELIS) ! Sponsor says he will yield. !

SENATOR SHAW

! Would you explain that part about that videotape in terms of contraband? ! PRESIDING OFFICSR: (SENATOR DeANGELIS) i Senator Cronin.

SENATOR CRONIN

Yes. The -- it was contained in Amendment No. 3 yesterday, and it said that it creates -- this bill -- this legislation creates a category of electronic contraband and -- whlch includes items like cellular phones, pagers, computers, and atso noW videotape recorders. And it authorlzes the Department of Correcttons to prohibit the possession of these items by their employeesr you knowy guards and so forth, and it als: authorizes them to impose certain penalttes.

PRESIDING OFPICER (SENATOR DeANGELIS)

PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Shaw . ! SENATOR SHAW: j Let me -- let me get this clear noW. Right now the inmates I can have the video recorders. Is that correct? ' PRESIDING OFFICER: (SENATOR DeANGELIS) ) ! Senator Cronih. Senator Cronin.

SENATOR CRONIN

I NO. Senator ShaW: nOr theybre nOt Permitted by regulakions under the Illinois Department of Corrections, but we're not very 1 ' confident in some of those regulations these days, so ue've I i 11 ! I STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16# 1996 decided to put it in State 1aW. PRESTDTNC OFPICER: (SENATOR DeANGELJS) f S i enator Shaw . I SENATOR SHAW l : And that means -- what this means is that you dre prohibitin: ! inmates from having thcse tapes -- those video recorders altogether now. Is that what you mean? I'm just trying to get it ! clear. PRESIDING OFFICER: (SENATOR DeANGELIS) ' ! Senator Cronin. SENATOR CRONIN: . The poliey ls that we want to keep these items out of the jails and prisons completely. If an emplcyee of the Department of : Correetions wishes to utilize one of these items or ueilize some I of this equipment, it must be authorized; otherwise, it's -- it's ' consldered contraband. I . i PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shaw. i ! SENATOR SHAW : One final question. Dces this have anything eo do With the 1 Speck tapes? ' PRESIDING OFPICER: (SENATOR DeANGELJS) Senator Cronin. l SENATOR CRONIN: I Well, as Senator Dillard pointed out yesterday, he,s a man ! wlth sreat foresighE and wisdom, and he waB sensitivg to this prcblem before this -- this Speck event exploded on the scene. But ' he has amended lt and a -- eo include videotape recorders as well, in response to the latest episode. ! PRESIDING OFPTCER: (SENATOR DeANGELIS) And now, the question 1sr shall House Bi11 548 pass. Thcse ln ! favor will vote Aye. The opposed: vote Aye. The voting is noW I 12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 open. Have a1l voted who wish? Have a11 voted who Wish? Have all voted who wish? Take the record. On that questlon' there are 56 Ayes, none votlng Nay, none votlng Present. House Bill 548, havlng received the required constitutional majority, is declared passed. For what reason does Senator Geo-Karis seek reeognition?

SENATOR GEO-RARTS

For a polnt of personal prtvilege.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) State your point, Senator. SENATOR GEO-RARIS) Mr. President and Ladies and Gentlemen cf the Senaee, last night the Senate baseball team played the House baseball team, and wedre happy to tell you that the Senate won by a score of I believe lt vas 16 to 5. Now, to give you the names of the people who played: Dave Syverson, after he dropped a few balls, made four hits. iohn Cullerton made two hits; he's a co-coach with Senator Watscn. Bob Molaro, he was -- had very good looking legs, had no hits. Tom Walsh was an all-star shortstop. And -- and the winning piteher Was, of course, Carl Hawkinson, who not only did a good job as pitchinq, but he had four hits. Kirk Dillard made -- hit every time he came to bat and did a good job in the field, and he was selected as the most valuable player. Rickey Hendon htt a home run, and he runs so fast that he made it right frcm the simple field - d1d a great job. Brad Burzynski was a speed-burner. Louis Viverito is a gccd looking man; he was the rookie of the year. And Ggorge Shadid, if you ran the sheriff's office the Way you played ball last nlght, we kould have been in deep doo-doo - yes, he grabbed everything in sight, except the ball. And Jesus Garcia, Chuy, did a good job after he lost a few balls -- after he los: -- after he lost a few balls of his own and then he decided he was man enough to go out and hit, and he did a good job. Miguel del Valle is always a charming gentlemen - he did his best. James 13 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 Clayborne looks real great in uniform, and that's Where it ended. Frank -- Frank Watson Was the coach for the -- the Republiean side, along with, as I said, John Cullerton, the coaeh of the Democrat side. And last night we retired the jersey of Senakor Robert Raica. And I might say that ny colleague on the other side, and T hope he's hererJimmy DeLeoz dld a great job commentatin: l I the game with me, and we had a very good result. And of course, Kathy Parker is such a wlnner: When they had the tickets for the ! l prizes, Kathy won last year, and this year she won a prlze to go I to the St. Louis/cubs baseball game - four tickets. Sa I think we ought to cpmmend our baseball team, because they did an ! outstanding job. And 1'11 tell you one lesson they learned: When you lose your balls, you have trouble. So , congratulations. PRESIDING OFFJCER: (SENATOR DeANGELIS) : Senator Carroll. SENATOR CARROLL: ! Totally unrelated to that, Mr. Presidenty 'cause that'would be too hard to follow anyway. Just, I happened to have been on the @ phone when the last bill: Senate (sic) Blll 548, was called, and . had I been at my switch, 1 would have voted Aye. If the record could so refleét. ' PRESIDING OFFICER: (SENATOR DeANGELIS) The record will so indlcate. On the Order cf -- of 3rd l Reading, House Bill 995. Senator Cronln. Take it out of the 1 recordy Mr. Secretary. On the Order Of 3rd Readin: is Rouse Bill 999. Senator Cronln? Take it out of Ehe record. On the record I Of -- On the Order of 3rd Reading House Bills is House Bill 1249. Senator Petka. Senator Petka? 12492 Read the billy Mr. ) i Secretary. I SECRETARY HARRY: i House Bill 1249. (Secretary reads title of bill) 14 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka.

SENATOR PETKA

Thank you, Mr. Presidene and Members cf ehe Senaee. Senate Btll 1249 is a smorgasbord of a number of criminal justice issues meane to fine-tune the Criminal Code. Rather than going through every, indivldual provision, if there are any questions in connection with this, I would be more than willing to answer questions.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall House.Bill 1249 pass. Those in favor Will vote Aye. The opposed will vote Nay. And the voting is ncW open. Have al1 voted Who wish? Have all voted who wish? Have voted who yish? Take the record. On that questiony there are 53 Ayes, none voting Nay, none voting Present. House Bill 1249, having received the required constitutional najortty, is declared passed. On the Order of 3rd Reading is House Bill 2206. Senator Philipy do you wish this bill recalled? We'l1 return to the Order of 2nd Readln: for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2206. Mr. Secretaryr are there any Floor amendments apprcved for consideration? SECRETARY HA?RV: Amendment No . offered by Senator Philip.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Philip.

SENATOR PHILIP

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 2 to House Bill 2206 simply dces one thing. It changes the effective date to July 1: 1996. I move i*s adoption.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) 15 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatlve Day MaY 1996 Any discussion? If not, a11 those in favor, say Aye. Opposedz say No. The Ayes have it, and the amendment is adopted. Any further Floor amendments, Mr. Secretary?

Harry (surname or first name uncertain)

Amendment No . offered by Senator Philip.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Philip .

SENATOR PHILIP

Thank you, Mr. Presldentr Ladies and Gentlemen of the Senate. Amendment No. 3 to House Bill 2206 Would allow the Secretary of State to disclose motor vehicle -- accident information. This is a recommendation from the Secretary of State. They do it other states. I move its adoption. 1'11 be happy to answer any questions.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is -- a11 those in favor -- any discussion? All those in favor, signify by saying Aye. Opposed, say Nay. The Ayes hage it, and the amendment ts adcpted. Any further Floor amendments, Mr. Secretary?

Harry (surname or first name uncertain)

No further amendments reported. PRESIDING OFFICERJ (SENATOR DeANGELIS) 3rd Reading. On the Order of House Bills 3rd Reading is House Bill 2230. Senator Cronin. Read the bill, Mr. Secretary .

Harry (surname or first name uncertain)

House Bill 2230. (Secreeary reads eitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cronin.

SENATOR CRONIN

Thank your Mr. Prestdent, Ladles and Gentlemen of the Senate. STATE OP ILLINOIS 89TH GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16r 1996 I House Bill 2230 has had a very exhaustive hearing process: and we have proposed a couple of amendments to it since it came over from the House. The background on this bill is that it is the culminatlon of about two years of work of many in the -- the education community, specifically the special ed community. A group of -- of educators, spectal ed experts, parents with children with dlsabilities came together and tried to flgure out a way to improve the current process, the current process whereby a parent or a child ehallenges a local school distriet for a decision about how their child is to be educated - the child With the disability. The current system, as many of you know and I'm sure that many of you have had constituent cases that have come to your attention, the eurrent system is not a good one. The current system is lengthy; it's burdensome. It's emotionally traumatic for the parents and families that go through it. It's expensivey and it's long and drawn out. On top of that, those Who participate in it have very little confidence ln the independent judgment abtlities of the decisicn makers. Thls bill changes it. This b1l1 changes a difficult situation and nakes lt a more fair, a more certain, and a less expensive prcpositlcn for those that -- that must go through lt. This bill has -Z T think it has good bipartisan suppart. It lays out a whole myriad of -- of poltctes and procedures. It talks about a one-step due process hearing, rather than two seeps. I want to emphasize, I'm very sensttive to any diminution in one's due process riqhts. This is not the case. 0ne hearing does not preclude a participant from gaing further and taking their case into eircuit court. Furthermore, there's mediation procedures, and we think that a one-step process that provides certainty and fairness and doesn't limit one's abilities to take it further is better than a two-step process that drains the participants andisunfair.That'sthemaincomponentofthe 1 bill. There's qualifications for heartng officers. There 's a i : 17 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 component that requires that they don't have any kind of confliet of interest, an amendment that Senator Berman put on. There's also a component that requires a certain amount of training and -- and qualification. There's also a dismissal and an evaluation procedure for the hearing officer. This bill lays out how hearinqs are to be convened, talks about the conduct of the heartngs and, finally, the decisions, the appeals, the placement and so on and so forth. There's many components to the blll. I'd be happy to answer any questions. Thts has support among a1l the communities in the child care/special ed field - practically all. I think ninety-nine percent of those. who are involved in this field support this. effort. ask for your favorable consideration.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Berman.

SENATOR BERMAN

Thank your Mr. President. rise ln support of this legislation. It is a very sensltive subject when you're dealing with disabled children and the process for making sure that they get an adequate edueation. This bill -- the -- the main bill was the product of approximately three years of discussions between a1l of the various interest groups. And I think that Amendment No. 2 that was adopted is also an improvement to the blll. It allows for one substitution of a hearing offtcer by either side. And I think there is still some other areas that we have to explore. There ls some federal legislation that may have an impact, but those thin:s will take place next year. We'll have an opportunlty to reevalutate them as we move forward. urçe an Aye vote.

PRESIDING OFFICER (SENATOR DeANGELIS)

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

SENATOR O'MALLEY

18 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16r 1996 Would the sponsor yleld for a question: Mr. President? f

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) q sponsor says he will yield. I SENATOR O'MALLEY: 1 Senator Cronin, first Of allr I Want to tell you that I admire I the fact that youdve Stepped . up to the plate here and Eried to l ! deal with an area that is fraught with -- just by taking it on, I fraught with controversy, and -- and I think that you've done an I outstanding job trying to bring parties toqether. Unfortunately, I however, I cannot support this -- this legislation in its current I form. I believe you made commests that the current system is not I a perfect system, and if I'm incorrect in thatr please correct me ' later on in your remarks, but I think that's -- that's probably a ! truthful statement. However, I'm not sure that this particular ! legislation is going to be such an improvement that we should step ! / fcrward. Yes, indeed, there is a two-step process in the current ! I system, but this legislation eliminates the second step. Does I this bill change the current system? Tndeed it doesy and it I changes it substantially. And is there federal legislation pendin: that is going to perhaps address some of these concernsr . 1 and Will we be back here dealini with this issue again next year? I t would think that that's probabler as there's legislation pending f in both chambers of the Congress. The bottom liney as far as I'm l concerned with this particular legislation, hcwever, is that I I , thlnk it's importantwhenwe decide to move forward on something ) I as important as this legislation, that we develop and butld i eonsensus. I think there's been a representation that ehere are slgnificane number of *he parties who are ineereseed in ehis legislatëon across the State of Illinois who are in support of 1t. I Well, perhaps there's more than fifty percent. I don't know if I there's ninety-nine percent in support of it. I'm 1ed to believe I that the Learning Disabilities Association of Illincis is a strong 1 I I 19 I : STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 opponene to this legislation and that they represent a -- a signlficant amount of parents and other parties Nho are interested who exceed, by far, one percent. Consequentlyr I would urge a No vote on thts legislation: and I kould encourage that the proeess continue, the debate eontinue, and that the parties include the representatlves of Learning Disabilities Association of Illinois and all other interested parttes in the deltberations. I don't think it's acceptable to say that those partieular parties, for whatever reason, did not attend the discussions that were ongoin: in conneetion with this legislation. I think tt's the obligation of the proponents to get them to the table and -- and make sure that whatever .concerns they have are given a fair and clear airing and are allowed an opportunity to have signifieant lnput into the process. Again, I -- I urge a No vote on Lhis legislatlon. PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Cronin, to close. SENATOR QRONIN: Thank you very much. As you can see, this is a sensitive issue, but I do think it's a positive step in the right direction. I need to -- to advise the Members that this bill -- or the due process provisions in the bill do not take effect until July 1: 1997. So if the federal government acts in some wayz we can certainly respond. Theretll be plenty of time to do so. I ask for your favorable consideratlon. PRESIDING OPFICER: (SENATOR DeANGELIS) The question is, shall House Bill 2230 pass. And those in favor will vote Aye. The opposed will vote Nay. And the voting is now open. Have al1 voted Who wish? Have a11 voted who Nish? Have all voted who wish? Take the record. On that question, there are 44 Ayes: 8 voting Nay, 2 voting Present. House Bill 2230, having received the required eonstitutlonal majorityw is declared passed. CLTV News wishes permission to videotape. Is 20 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 107th Legislatlve Day May 16z 1996 I i permission granted? Permission is granted. House Bill 2294. Senator Mahar. Read the bill, Mr. Secretary. SECRETARY HARRY: HouseBill2294. 1 (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar. ? i I SENATOR MAHAR: I Thank you, Mr. President and Members. House Bill 2294 comes 1 to us at the request of .Citizens' Utilitles, who has two contracts 1 pending ko supply Lake Michisan Water in the -- far southwest 1 suburban areas of the metropolitan Chicago. They Want to be ! regulated as a common carrier by pipeline in order to take I advantage of the eminent domain powers and tax-free financing that I is available to comnon carriers by pipeline. Senator Klemm I offered an amendment which was adopted on the Floor yesterday I which provides that in its review of public convenience and necessity for common carriers by pipeline who are transporting crude oil, the Illinols Commerce Commission shall considerr but not limit it to, a number of entities of evidence such as environmental impact; impact of the proposed pipeline on traffic safety, road construction; impact of the pipeltne an any -- conservation areas, forest preserves, vildlife preserves, wetlands; the impact on public safety presented by local governmental unlts; and the effects of pipeline upon property values, et cetera . I know of no opposition. I'd be happy to anskeranyquestions. f PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch. . SENATOR WELCH: I have a questton of the sponsor. J : I 21 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) I Sponsor says he will yield. SENATOR XELCH: 1 . Senator Maharr does this only apply to Water coming from Lake I Michigan? We've got a couple pipelines comln: through I north-central Illinois carrying all kinds of chemicals: and We dre I not parttcularly thrilled about them having emtnent domain. Is it ' just that one company? '

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar. SENATOR MAHAR: . This is -- the original bl11 only deals with, I am told, water by pipeline. The amendment deals with crude oil by pipeline.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch.

SENATOR WELCH

' So your seatement here, for legislative ineent, is that it doesn't apply to anything else, just crude oi1 and watery and no other pipeline carriers would be included in this legislation? !

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) . I Senator Mahar. SENATOR MAHAR: ! Yes. I PRESIDING OFPICER: (SENATOR DeANGELIS) I The question is, shall Hause Bill 2294 pass. Those in favor J will vote Aye. The opposed, vote Nay. And the voting is noW open. Have al1 voted who wish? Have a1l voted who Wish? Have a11 voted who wish? Take the record. On that questionr ehere are 54 Ayes, none voting Nayr none voting Present. House Bill 2294, having received the requlred constltutional majority, is declared I passed. House Bill 2238. .senator Cronin? Take it out of the record. senate (sic) Bill 2529. senator Hawkinson? Read the 22 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6r 1996 I bill, Mr. Secretary. SECRETARY HARRY: ! House Bill 2529. (Secretary reads title of bill) 3rd Reading of the bill. / ( PRESIDING OFFICER: (SENATOR DeANGELIS) senator Hawkinson. I SENATOR HAWXINSON: Thank you, Mr. President. House Bill 2529, as amended in the l : Senate, does three things now. The original bill was recommended by the Peoria County Board and -- and Peoria County she.riff. As amended, it -- it provides that a county board, by ordinance or f resolution, can provide that reimbursement for the cost of medical services wë11 be at Public Atd rates for those in the county jatl. There was a controversial provision regarding regulation of telecommunications toWers; however, that was remcved by Senate f ! ' amendment and ls no longer in the bill. By amendment that we ! added yesterday, it provides - this was on behalf of the Kane County Forest Preserve - that fordistricts in -- in counties f under four hundred thousand, would require a two-thirds vote of the board - now a unanimous vote - prior to the sale of any one or more parcels which are less than on acre in size where the sale is advantageous to the district, and for Lake County, that the district may issue licenses by two-thirds vote - noW majarity - for activities directly connected - the language now is ''reasonably'' connected - with the purpose for Which the district was formed. It also -- the original bill contains a provlsions r under the Counties Code allowing county boards to exempt eertain pleasure driveways or park districts from the county ls zonin: powers. I know of no oppositlon ln its present form and Would ask for a favorable vote on House Btll 2529, as amended. PRESIDING OFFICER: (SENATOR DeANGELIS) 1 I 23 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 The question is, shall House 3ill 2529 pass. Those in favor wl11 vote Aye, and the opposed W(l1 vote Nay. And the voting is I now open. Have all voted who wish? Have all voted who Wish? Have a11 voted who wish? Take *he record . On that question, there are 53 Ayes, none voting Nay: none voting Present. House Bill 2529, having received the required constitutional majorityr is declared passed. ...Bill 2593. Senator Butler? Out of the record. House Bill 2596. Senator Watscn? Senator Watson? Out of the record. House Bill 2616. Senator Maitland? Read the btll, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2616. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Maitland .

SENATOR MAITLAND

Thank you very much, Mr. President, Members of the Senate. House Bill 2616 is -- is identical ta a b11l we passed out of here a month ago that ralses the minimum retirement annuity -- annuity to those of our retirees who retired at a very lob level. What this does is -- is increases the average monthly benefit by about twenty or twenty-five dollars. And in essence, we are affecting, as I indicated last month, about four thousand peopler and this, frankly, will be somewhat of a declining number for the obvious reasons. But I -- I -- it had good support when it lefE this i Chamber before, and I would seek the similar roll call, Mr. President, today.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall House Bill 2616 pass. Those in favor Will vote Aye. . The opposed Will vote Nay. The voting is ncW open. Have a1l voted Who wish? Have al1 voted who wish? Have I ! 24 i I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 all voted who wish? Take *he record. On that question, there are 55 Ayes, voting Nay, none voting Present. House Bill 2616, having received the requlred constitutional majority, declared passed. House Bill 2691. Senator Syverson. Read the billz Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2691. (Secretary reads title of b1ll) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Syverson.

SENATOR SYVERSON

Thank you, Mr. President. House Bill 2691 dces five dlfferent things related to the public health field, and 1et me qulckly go through those. Firsty it provides needed clarification for health care worker background checks. Now, that's been Worked on and negotiated, and we have agreed language on that. Secondz it enhanced -- enhances the Department of Public Aid's abillty to file actions to determine parentage to assist in increasing child support collectlon. Third, it authorizes the Department of Public Aid to establish a worldwide web, which Qill help in the collection in going after deadbeat dads. Fourth, it Will require a mandatory certification or tralning in day cares to also add to tralning in children's CPR, as well as the Heimlich maneuver. Andr fourth -- or lastly, fifthr it provides for civil lmmunity to organlzed volunteers who transport indlviduals to health care facilities. Be happy to answer any questions.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Clayborne.

SENATOR CLAXBORNE

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

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) 25 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 8aY 1996 Sponsor says he will.

SENATOR CLAYBORNE

Senator Syverson, if -- lf -- according to thls blllr someone was voluntarily taking someone to emergency facility and that person ran a stop sign or ran through a -- a red light and they were hit by a truck and broadsided, and the passenger ln that truck I mean, the passenger in that car was killed and that was the only means of support for those children, would they have a right to recover against that -- that -- that driver?

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Syverson. SENATOR SYVERSONJ No, they would not.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Clayborne.

SENATOR CLAXBORNE

- - I -- just to briefly speak on this bill. Thls bill -- I guess there are some good intentions as it relates to this bill. Maybe there are circumstances in which we Would feel sorry for people because they Aake upon this responsibility, but the problem we have is, we're substituting the job for emergency vehicles. We're imposing -- we're not holding people responsible and accouneable for the passengers their car. The deed may be good, but yet this relieves a person of the right to to be protected. In the instance that I just talked abouty you're talklng about a whole famlly Who's losk thelr means of support and they have no right to redress, and this is why we have the court system. This billy as it relates to the -- the good samaritan, is no good, and it would not allow families to be protected. It is always subject to some abuser because the rationale can always be ''I was taking them to a facility, and it was in an emergency situation.'' This bill should not pass with the good samaritan 26 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16y 1996 portion in it. !

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Trotter.

SENATOR TROTTER

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

PRESIDING OFFICER (SENATOR DeANGELIS)

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

SENATOR TROTTER

I Senator Syverson, presently are -- are not al1 Illinois drivers suppcsed to have liability insurance? ( PRESIDING OFFICER: (SENATOR DeANGELIS). Senator Syverson.

SENATORSXVERSON

That's correct. J :

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Trotter. .

SENATOR TROTTER

So -- and -- and that liabiliky insurance is basically there so just in case there is one of these unfortunate things we call ''accidents'' occur. So why are you putting your language into this bill? Is there really a necessity for this language: if we already, in fact, by law and by statute, state that we must have liabillty insurance? Sor why are we giving immunity to these other lndividuals?

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Syverson.

SENATOR SYVERSON

Senator Trotter, that's a good question, and the answer is very simple. At a time When we're trying to push for more volunteerism , at a time when hospitals are being forced to pay ou* of their own pocket to have taxis transport people to hospitals, We need to look at ways to expand volunteerism. One of the I 27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day haY 1996 questions that insurance companies ask drivers, one of the -- one of the questions thak insurance companies ask not-for-profit organizations is: Are you transportin: people? Are you drivlng people? Who are you drivin: in those cars? And they charge accordingly. We're getting to a point now where many volunteers either do not want to get involved in those programs or are prohibited because of having to pay for rlders to insurance policies because they're going to get involved in these kinds of activities. so, yes, the policies do eover it, but more and more insurance companies are starting to ask questions, and they're * starting to charge accordinglyr bqcause they help out or want to volunteer.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Trotter.

SENATOR TROTTER

These recipients of these servlces, khe -- the individuals Who need the -- the transportation to the health centers and so on, can't they accomplish this same goal by signlng a release?

PRESIDING OFFICER (SENATOR DeANCELIS)

PRESIDING OFFICER: (SENATOR DeANCELIS) Senator Syverson.

SENATOR SYVERSON

It's going to require every person who wants to volunteer a few hours of their time a week to go out and get legal advice, to get special wakver forms, to have to go to each person ehey do to get that, the uniformity of releases for all volunteer organlzations in a11 hospitals or dental offlces thrcughout the Statez and it really was burdensome.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Trotter.

SENATOR TROTTER

These aren't releases far the volunteers. These are releases for 'the -- those individuals -- the patients themselves. Juse as 28 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6y 1996 I I they have scheduled appointments and give medlcal releases so that they can have vartous tests dcnez cannot this just be a part of that packet that says so release information or, in this casez release the driver from the liability -- for me? I mean, they, in themselves, are taking it upon themselves to acknowledge that this ' person is dotng them a favor and do not want to sue if, in fact, ! that opportunity comes up . PRESIDING OFFICER: (SENATOR DeANGELIS) , Was that a question, Senator Trotter? SENATOR TROTTER: I'm asking, why can't -r again, 'cause he didn't answer correctly before.. I'm talking about the patientsz noL the p volunteers. Why can't the pattents or the recipients of the services sign the release? ' PRESIDING OFFICER: (SENATOR DPANGELIS) Senator Syverson. SENATOR SYVERSON: Well, they -- again, the problem is, for a patient to sign that release that's offered by the pharmaey or offered by the hospttaly the pattent would have to go tc the hospital or Would have to go to the pharmaeyw and that's part of the purpose of this whole thing. Soy Wedre trying to get into some kind of a uniformity. Thls just makes lt much slmpler for everybody - againr ! wieh the intent of tryinq eo increase volunteerism ln this Staee. PRESIDING OFFICER: (SENATOR DPANGELIS) Senator Trotter. SENATOR TROTTER: To the billw if I may. Certainly this is -- there are some aspects of this bill uhlch are really great. There's some necessary components of this legislation Ehat -- that we need on l . the staEutes. Just, unfortunatelyy this piece of legislation is ' j -- which addresses *he Good Samaritan Aet, I believe is an onerous 2 29 I STATE OF ILLIHOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 piece of legislation and believe should not be in this partlcular blll. And because of that, will ask the other Members to possibly vote against it and maybe come back and redo this piece Without this being included in it. And ask the Members for a No vote.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dunn.

SENATOR DUNN

Thank you, Mr. President. To the bill: We often hear that we're the age of personal responsibility in relationshlp to our fellow citizens. This bill .does exactly the opposite. This clatms to increase volunteerism, but it does so at *he cost of personal responsibility. And what thts btll says is that if you are negligent, you are not liable; that if you, as an individual... Could we have some orderê Mr. Presldent? Mr. President? What this bill says is thank you - is that you must commit a wilful and wanton act, rather than a mere neqligent act, so that if you are merely negligent and you run into a school bus loaded with children and a fire ensues: and you're only negligent, you're no* liable. And 1'11 tell you what that translates into : That translates into no care 'for those childreny because they're all golnç to have minlmal medlcal care under a poliey of their parent, or homecwner. It'1l be a five-thousand-dollar cap, and won't come anywhere close to paying for burn victlms or people that are really, truly hurt. This is a bad bill.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Palmer.

SENATOR PALMER

Thank you, Mr. President. A question of the sponsor.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he Nill yield.

SENATOR PALMER

30 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 8aY 1996 Senator, notice that ln this bill that is called the ''good samaritan volunteer bill'' is a feature on the health care workers background check. Now, that is totally unrelated to this. Why is this Cnctuded in thks bill at all?

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Syverson.

SENATOR SYVERSON

This is the way the bill came over to us from the House, and so it was ln that language that was originally came from the House.

PRESIDING OFFICER (SCNATOR DeANGELIS)

PRESIDING OFFICER: (SCNATOR DeANGELIS) Senator Palmer.

SENATOR PALMER

To the bill: I join with those who have called this a bad bill. Let me just point out that with this piece of legislatlon what you're doing is sliding in sonething that is bad bqsiness for a lot of people who are now working in the health care field , and it is a little piece of hypocrisy here. had a bill that would have brought this to the attention of the Body, to dlscuss it. It was said to me that we shouldn't do anythlng about thls becaus: a task force was put into place ln January of this year, that they were to be appolnted by June or July of this year and report by December of this year. Nawz it seems to ne that is -- what -- what is good for the goose is good for the Mander, and yet here we have legislation that is slid into somethin: that ls called the ''good samaritan billy'' when, in -- in effeck, puts a 1ot of people's jobs in jeopardy without havin: any full hearin: on what happens to them and their families and their livelihood. For that reason alone , I think we should vote No on this bill.

PRESIDING OEFICER (SENATOR DeANGELIS)

PRESIDING OEFICER: (SENATOR DeANGELIS) Senator Burzynski. Senator Fitzgerald.

SENATOR FITZGERALD

3: STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 8aY 1996 Thank you, Mr. President, Ladies and Gentlemen of the Senate. rise in suppcrt of this legislation. surprised that there are Members in this Body who feel that volunteers, people who are helping others for no personal returns for themselvesy people Who are good samaritans should get sued in the event that they happen to make an inadvertent mlstake. I dlsagree with that. That's bad public policy. That decreases the availability of vclunteers ln this State. We need to encourage an atmosphere in which people are not afraid to help others, to take them to a hospital for emergency or other medical care. It's absurd that we allow people who are trying to help others get medical care get sued on on in the midst of doing that. I think this is a very good billr and I would -- also polnt out that aside from the Good Samaritan Act in herey which makes good public policy sense, there's also language in here which would help the State lacate deadbeat dads and help collect some child suppcrt for those fapilies in whleh the deadbeat dads are hiding and shlrking an obligatlon. And I would hope a11 of you would rise in support on getting tough on these deadbeat dads. So T think this is an excellent bill. There are a lot of goad provisions in here, and I would urge a fpvorable vote .

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cullerton.

SENATOR CULLERTON

Thank you, Mr. President, Members of the Senate. If someone is driving a motor vehicle and they negligently operate *he motor vehicle and someone is severely injured as a result of that negligence - that inadvertent mistake we have a system here Where people get sued. That's pretty -- been around a long time. There are certainly limitations that have been placed on recently, bu* we still have that. The fact that someone happens to be driving someone to a a health care facility, in my STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 1996 opinion, shouldn't make a -- a differencez because there's no evidence thaE we have a problem noW with people nct willing to be volunteering. ''Well, I can't take you to the hospital because, you knowr I might get in a car crash and make an inadvertent mistake, and then 1'11 get sued, and so can't take you.'' There's no evidence of that. The good samaritan bills uere initially set up to encourage professionals to assist in emergencies professionals to assist in emergencies. someone's on the road dying, a doctor doesn't want to help him because helll get sued for malpractice, so we corrected that. We say in the 1aw right now -- for that professionalz they can assist in an emergency. It was expanded to cover free medical and dental clinics - a little bit more of a stretch, but we did that, too. But this is someone who is not a professional, and they're not involved in an emergency. And no matter what the rest of the bill does, no matter what other beneficial aspects of the bill might also be included, this was a terrible amendment. This is really getting greedy. And -- and we cannot just look upon these bills, you know, as one lobbying group averse another lobbying group. We have to read the bllls and look and see what this really means. This is unbelievable. This is the type of thing where we a pass a bill like this, and then there's a story a half year later and we all look back and say, ''Why d1d We vote for that?'' I'd urge a No vote.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) There are seven addl*lonal speakers who wlsh recognitlon. I would like to advise those who choose to speak, that if your point has been made already, 1et us not beat it to death. Just add any neW information. Senator Parker.

SENATOR PARKER

Will the sponsor yield for a question?

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 Sponsor says he will.

SENATOR PARMER

If a volunteer is going alon: and transporting somebody and that voluneeer is negligent that's driving the car and runs into a school busy is that driver responsible for hitttng that school bus and for the occupants in it?

PRESIDING OFPICER (SENATOR DeANGELIS)

PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Syverson.

SENATOR SYVERSON

Absolutely. They are liable for them .

PRESIDING QPFICER (SENATOR DeANGELIS)

PRESIDING QPFICER: (SENATOR DeANGELIS) Senator Parker. SENATOR PARMER) So they are responsible for the third party. That was my point. So you're you're verifying that fact.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Syverson.

SENATOR SYVERSON

Yes. You know what? During committeer we were asked in in *he commtttee and we held the blll because the -- the State Bar asked for three clarifications. They asked us to tighten up this language. which already passed the House. They asked us to tighten up the definition of volunteer, and we did . They asked us to -- to more strongly deflne what willful and misconduct is. We dld. We also added the third party claims, adding no the no immunity for thlrd party. So we tlghtened up the language in a1l three areas tbat they asked us to do, and that's that's khe amendment that has -- has passed and we have before us today.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Parker.

SENATOR PARKER

I Would -- I'm risin: in support of this bill. The Red Cross, ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 107th Legislative Day May l6y 1996 I I Unlted Way, Catholic Charities, the Jewish Federatton, besides E other people , are in favor of this bl11 and this particular amendment. There is a need for volunteers to be taking people, to : transportin: them to places where noW they can't go. And as I : understand it, part of the concern is, ls when youdre helping people even in and out of the car, thereis sueh increased l : liability that there are -- that this would help With that, to encourage people just to take them for the -- for the rlde. The ! other thtng I think that you need to remember is that it is not just anybody who tries to transpcrt somebody. It would have to be a volupteer who's providing transportation or assistance on behalf i : of an organized conmunity program, providing those services l without charge. Also, I think What you have to remember that, in , additioninthisbill,ifyouvoteNo,youare voting against a j provision for deadbeat parents to try and help get child support; you are for voting a:ainst -- ycu are vpting against a provision 1 for certifying first aid for Helmlich maneuver, which would help in the day cares; you would be voting against a provision for the 1 worldwide web for deadbeat dads; and also for actlons to establish paternity of children. So,thereare a 1ot9fthings involved in l : this b11l. This bill would be gotng over to the House again. If there's further clarification, that could be done at that time. I would urge a favorable vote. PRESIDING OFFICER: (SENATOR DeANGELIS) ! Senator Geo-Karis. SENATOR GEO-KARIS: ! Mr. President and Ladies and Gentlemen of *he Senate, I move I *he -- the previous question. ! PRESIDING OFFICER: (SENATOR DeANGELIS) I There are four speakers remainlng. Senator Raica. SENATOR RATCA: I . Question to the sponsor, Mr. President. 35 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day May 16, 1996 PRESIDING OFFICER: (SENATOR DeANGELIS) sponsor says he will yield. SENATOR RAICA: Senator Syverson, a couple of examples that were given was someone being transported to a -- or -- driven to a pharmacy. Is that under this provision? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Syverson. SENATOR SVVERSON : Yes, it is. PRCSIDING OFFICER: (SENATOR DeANGELIS) Senator Raica SENATOR RAICA : Senator Fitzgerald qave examples of transportlng individuals in case of an emergency or a medical problem. Is that in the amendment? PRESIDING OFFICER: (SENATOR DeANGELTS) Senator Syverson. SENATOR SYVERSON: Yesy it is. . PRXSIDING OFFICER: (SENATOR DeANGELIS) Senator Raica. SENATOR RAICA: Senator Syverson, under the Good Samaritan Actz are we basically protecting individuals vith this new category of people that are going to be asslsting people for -- at least in driving back and forth? But currently under the gcod samarlEan provision, if soneone does CPR or the Reimlich maneuver, theyire protectedr basically because they were attempting to save someone, and they were probably not trained in that but, more or less, came upon it. In other Wordsy they weren't schooled on CPR, they weren't schooled on -- on the Heimlich maneuverr but they did the best 36 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 107th Legislattve Day May l6, 1996 possible job that they could to save this indlvidual's life. Is that correct, under the Good Samarltan Act? PRESTDING OFFICER; (SENATOR DeANGELIS) Senator Syverson.

SENATOR SYVERSON

I thlnk in general you're correct, but I think under khe CPR provision, you need to have completed a CPR course.

PRESIDING OPFICER (SENATOR DeANGELIS)

PRESIDING OPFICER: (SENATOR DeANGELIS) *senator Raica .

SENATOR RAICA

Thank you, Mr. President. To the bill: I would thlnk that basically we fre dealing With a bill, for the Ros: part, who -- that has some gcod provisions; however, one particular provlslon is up for: at least, large debate by the general Membership of this Body. My fear is that Wefre attemptin: to allow civilians -- transport individuals that should be transported by medical personnel, especially when you use the tern Hemergency.'' And if wedre going to transport somebody to a pharmacy, wouldn't it make more sense to just have the volunteer qo to the pharmacy: pick up :he medicaeiony and gige it back to the individual: than transportin: everyone to the pharmacy? ...concern that I have regarding this, Senator Syverson, is that in conditions khere therefs emergencies -- right now there's a large abuse throughout the State of Illinois to use ambulances in either emergency situations or nonemergency sikuations. My fear would be -- my fear would be is that individuals would be Eransporting, as a volunteery people to a health facility in cases of an emergency, where 9-1-1 should be called. If we 're doing this as a volunteer neasure, I think that the problem that I have With it or the concern that I have kith it is that people Who drive automoblles have passed a test from ths Secretary of State's Offiee and are driving on the roads everyday, therefore have the experience of 37 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 8aY 1996 drivinq. But to put them in a situation where they put other occupants in that vehicle and transporting them to a health facility, and then saylng if they make a mistake they dre not liable, when right now if someone falls going into an ambulance, that provider can be sued for negligenee. But, in good faith, tf someone falls gotng out of a car gettin: into a hospital, they're not going -- or, theydre not going to be sued. I think that's a bad situation to put anybody, in this State of Illinois. And althouîh the underlying piece of legislation is very gocd, I have a hard time voting for this proposal.

PRESIDING OFFICER (SENATOR QeANGELIS)

PRESIDING OFFICER: (SENATOR QeANGELIS) Senator Fawell.

SENATOR PAWELL

Thank you very nueh. Seems to ne wedre kind of getting away from what in the world we're trying to do here. Por years belonged to a -- an organization connected With my church called FISH, and -- and what we did was, because, as -- as one of the Senators on the other side knows well, there is no mass transportation in my county to speak of, and when seniors needed a ride to the doctor, or they needed a ride Eo their dentist, or some other medical problem came up and they needed to îo to the hospltal for x-rays or some such thing, we were the ones that ue were called upon to do that uork. The problem that we've got nowadays is that there aren't that many volunteers out there and so we are finding and relyin: more and more on seniors to do this for seniors. A 1ot of our seniorsy frankly, are scared about doing this kind of volunteer work just because of the fact that somewhere out there they hear that they may be in trouble beeause of the liability. doesn't mean they're -- they're bad drivers or that they can't do this. Theylre just -- they don't Want to take a chance. If we expect seniors and other volunteers to try and do this worke partlcularly in areas where this is the only 38 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE QRANSCRIPT 107th Legislatlve Day May 16y 1996 way, the only transportation that's avallable to take care of some of our people that can't be taken care of any other Way, then we ought to be votinq for this bill. We are just puttlng one more obstacle in the way of volunteers. We cannot continue to afford paying for every single thing because somebody may sue somebody. I think this is a good idea . It's long overduey and We ought to i all vote for it. PRESIDING OFFICER: (SENATOR DeANGELIS) ' Senator Colllns. ! SENATOR COLLINS: Thank you, and I apologize. I Would like to ask a question of the spcnsor if this question had been answered already, 'cause I ! - - I want to... PRESIDING OFFICER: (SENATOR DeANGELIS) SPOnSOr S8yS -- S#OnSOrS Say he... I Wank to be sure T knoww you know, what we're doing. I -- i basically I suppart and encourage volunteerism also. So what youdre trying to do is grant these volunteers in the case where as a good samaritan I'm taking some senior ciEizens to the doc*or, and I'n doing it on a volu'nteer basis. So you're granting me some kind of a immunity from ltability? Blanket the leglslation? Are we -- do you have any requirements in -- in this bill Where the person would sign somethlng Waiving their rights to -- to sue ' prior to that volunteer getting involved with -- with the person? PRESIDING OFFICER: (SENATOR DeANCELIS) Senahor Eyverson. i SENATOR SYVERSON: ! If they have -- tf they have the tmmunity, they Won't need to sign any Waiver. That was previously discussedy about why not have . waiver formsr which is difficult to be uniform and to -- to work with. a9 J STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Collins. '

SENATOR COLLINS

Welly it would have made more sense because what you dre doing, youbre just automatically imposing that immunity on everybody. It nay be a situation where the volunteer could very easily choose, once they talk with the people that they're uorking wlth and attemptinq to helpw ''Aa 1 âmmune from any liability if I take you to the hospltal or if I do volunteer to Work With youy to transport you to shopping or et ceLerar' If that was the case then it could be done on a -- on a case-by-case basls where the person would sign this form - and guess what? - I don't think you'd have a problem there. But the other problem with this bill, what then happens if you grant -- if we blanket the immunlty here or if it's done the Way I just suggested and then our -- I'm I driving a busload of senior citizens and I hit 4 busload of ehildren, okay? I'm granted from immunity with -- With -- with khe senior citizensr but am I liable for hitting the busload of children? So that the busload of children -- I meanz the seniors are a11 deady but no liability. But the busload of children are okay, or vice versa, J'm noe liable. Now, does that make any sense to you? I meany something seems to be kind of wrong with that. So how do you deal with that third party? PRESIDING OFFICER: (SENATOR DeANGELIS) ' Senator Syversonr T thlnk thereds a question somewhere in that statement .

SENATOR SYVERSON

I think T'm trying to understand that, too. That's the -- agalnr the purpose of the lmmunity is so we can increase volunteerism. When -- if youdre driving a busload of seniors someplace, that's not covered. Tf youdre taking them -- all of them at one time to the hospital or the doctor and in you're -- 40 STATE OF TLLTNOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 andyou'reinanaccidentandyouhitabusloadofehildren, yes, / ! the children have recourse, but, no, those seniors who all got intothevanwouldnotbe. l

PRESTDING OFPICER (SENATOR DeANGELIS)

PRESTDING OFPICER: (SENATOR DeANGELIS) Senator Collins: please put your light on. Are you done? Senator Berman. SENATOR BERMAN: 1 I Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. I This is the kind of legislation that if it passes will cause all of us some very sleepless nights, because down the road there are I golng to be some senlors that :et into the van, they're on theër I i way to a medical facility, the driver runs a red light, there is a ; serlous accident, serious injuries to those seniors, and then the newspaper headline is: Seniors cannot recover for their injuries. And there'll be an expose that we passed this Hsneaky'' bill - ( : sneaky bill - that prevents seniors from getting the same justice 1 in the court system that every other person has. They're' not given notice. They're not told that they can Waive thelr -- their I rights by signing a release in order to have that transportation. ! We're passin: .this sneaky bill to prevent sentors from having their rlghts.. Lidies and Gentlemen, volunteerism is a wcnderful p thing, but along with volunteerism is the responsibility to act responsïbly, and that's what our court system is a1l about. I ! suggest that we should nob vote on -- for this bill, because you f are preventing the people uhose rights are betng denied the ! knowledge of being denied thelr rights. They don't have their day in court. They have no righ: ko being compensated for the injury caused by someone else 's negligence. Don't vote for thls bill, p because it's goinç to sneak through and youdll have to explain why : you voted Xes without telling those seniors that When they geL ) I into that van they 're giving up their rights. Thts is the urong way to approach the question of responsibility. I urge a No vote. i f 41 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 PRESIDING OFFICER: (SENATOR DPANGELIS) l ! Last speaker is Senator Hawklnson. ! SENATOR HAWKINSON; Thank -- thank you, Mr. President. With a1l due respect to my -- my colleague, I don't thlnk this is a sneaky bill. As a matter ! of fact, we've had mcre debate on this bill, I think, than any ! other bill on the Calendar. And I believe, sincerely, khat Senator Syverson is well-intentioned on this bill. Most of this bill is -- is excellent. Even the provision that webre debating here ! today has been significantly tightened from the manner in which it came over from ehe House. It no longer involvqs any immunity for third parties, the example of the school bus. All that is out -- out of there. Howeverr I'd like to look at this from the l : prospective of a volunteer for a minute. I'm a menber of our diaconate board, a deacon at -- at my churchr and -- and as r Senator Fawell said, most of the members are -- are senior I citizens who are helping other senior citizens. And they a1l have automobile liability insurance, as do 1, as do a1l of us. 1, for ! ( one, have not seen any deterrence eo volunteerism because of a -- ! of a worry that if we negligently injure the people wedre tryin: . I to help, that their bills will be paid by our insurance companies. ' Nor do I think, respectfully, that if we pass thls bill, that any I ! of us uho volunteer are going to see our automobile rates go down. I i I don't think that's going to happen. But what I think is goin: to happen is that we're trying to help, in many cases, seniors f helping other senicrs get places. Not only do We take them to I pharmacies, and to hospitals, and to doctors, but we take them to ! the grocery store, we take them to visit friends, we take them to ! church events. Really there's no difference in any of those volunteer activities. And the next year's bill, I'm surer if this ' one passes, will be to immunlze we volunteers when We take them to ! church, or to the church supper, or to the grocery store, or i 42 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 anything else. But let's look at the unintended consequences of what We nlght do if we pass this legislation. The example ls this - and I don't think it has anything to do W1th the court system: ' ! ( If -- if I'm drivlng, as a volunteer, a senior citizen to the i clinic, and I negllgently or inadvertently run a stop sign and I am broadsided by somebody else, and that person I'm tryin: to help is injured, What will happen? My insurance company will deny the claim based on this leglslationr because I wasn't willful and Wanton. I was negllgent. I made a mistake that hurt somebody : else. And if that happens, ny insurance company will deny the claim and w.1ll prevail if there is a suit. So what happens? That ' . person I was trying to help I have now hurt. We have negligently i now hurt somebcdy whose bills are no* going to be patd by the insurance company. What's going to happen to many of these i volunteers? We're going to realize we hurt somebcdy, or a senior I ! with limited resources ls goin: to realize I 'J hurt somebody by my mistake.d' Tn many cases:that seniorwith limited resources is ) going to feelz out of the same compassion that 1ed them to volunteer, to pay for those medical expenses out of their own i pocketinsteadof out of the insurance that they have paid j 1 premiums to cover. I think that the unintended consequence here is that -- that some innocent person that we're trying to help is ! gotng to be hurt. Theydre not goinç to get their bllls pald, and I donlt think that's what we really Want to do . PRESIDING OFFICER: (SENATOR DeANGELIS) !: Sena*or Syverson, to close. SENATOR SYVERSON : Thank you. Just to ansuer a -- a couple of the questlons. ) ! First, on -- on Senator Raica's concernr this dces not address I just energency situations. We talk about abusing of -- of ambulances in Chicago. This is exactly the reason this ! legislation is needed. People are -- at least tn the Chicago 43 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16# 1996 areas, are -- are -- are abusing aabulances 'cause there's no other way for them to get, for nonemergency reasons, to doctors I and clinics. In southern Illinois, in rural areasy I've got pockets of my area where there's not mass transit, where many of ehese individuals cannot get to the doctor's office, or to the pharmacyy or the clinic . Senator Berman, We could look at l i headlines. I can see the headlines now of individuals who die at home because they don't have any way to get to the doctor's ! offlce, or they don't get the medication they need because they have no way to get to the pharmacies. This -- as we -- we have a - - there's a growing population, a growing -- older pcpulation in this State. In fact, the numbers are, in the next ten years we'll have over a hundred thousand net increase of those over the age of ! elghty-ffve. If we don't have increased volunteerismy Who is going to be paying for transportin: these individuals baek and f I ! forth for health care facilities? St. John's Hospital right here inSpringfieldhastopaytaxistobringpeopleintothe clinlcs, / so don't Lell me that we have got more than enough volunteers to take care of the needs that are in this -- this bill. As was : mentioned earlier, this bill is supported by those organiaations who are trying to get volunteers: the Red Crossz the Jewish Federation, United Way, Catholic Charities. The bill also, as we j talked about, has a number of other measures in it which are extremely important - when it comes to collectlng on the deadbeat I dads, the worldwide web, the health care background check. And I do need to read in for legislative intent that it is not the l lntent of this legislaEion to require background checks of -- of 1 personal attendants in the community-based services program of DORS or of homemakers in the community-based services program of ! the Department of Aging. With that, I Would just ask for a favorable vote. ;

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) 44 STATE OF ILLINOIS 89TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day MaY 1996 The question is, shall House Bill 2691 pass. Those in favor will vote Aye. The opposed will vote Nay. And the votin: is now open. Have all voted who wish? Have all voted who wlsh? Have al1 voted Who Wish? Take the record. On that question, there are 23 Ayes, 29 Nays, 5 voting Present. House Bill 2691, having failed to receive the required constitutianal majority, is declared failed. END OF TAPE TAPE 2

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) House Bill 2695. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2695. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm .

SENATOR KLEMM

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2695 creates a new Acts which is called the Bond Ordinance Hearing Act. What it does is it requires that any governmental unit which proposes to sell a non-referendum bond should, at least, have a public hearing and have a notice of that public hearing so that the taxpayers would have an opportunlty to, at least, discuss the merlts of it. It does ask that that governing body has to wait for seven days to digest and -- and answer the concerns before they can do the selling of the bonds. 45 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 8aY 1996 In order to take care of scme of the questions that the Illinols Municipal League hasr We have exemptions for permitting the refund sale of refunding bonds that Were used for the Life Safety Code. We also added provisions under Amendment No . l that -- we specified the form of the public notice. We allow the local government, at the request of the Municipal League and other taxing districts, that on emergency sktuation, that by a three-fifths vcte, they could declare such bonds to be issued with and be exempt from the Act. And to answer the concerns of the Chicago Board of Education, we have an amendment that allows them to certify to the State Bogrd when they have Work for their eapital improvements for health and life safety. Amendment No. 2 that we added was a technical amendment that the Illinois Municipal League had asked for. I know of no opposition. The Taxpayersf Federation, the Illinois Farm Bureau and Associatlon of Realtors. And I think we've answered al1 the concerns of everyone. 1111 answer any questions, but do ask for your support.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) For -- for what reason does Senator Bomke seek recognitton?

SENATOR BOMKE

Thank your Mr. Presldent. A point of personal privilege.

PRESIDING OFFICER (SENATOR DeANGELIS)

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

SENATOR BOMKE

We 'd like to recognize in the President's Gallery, from Springfleld, Trinity Lutheran School. Please stand.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Will our guests in the gallery please stand? Senator Trotter.

SENATOR TROTTER

Thank you very much, Mr. President. rise in support of this legislation. When it was initially proposed, some Members on our 46 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6: 1996 side had some problems With it, and I commend the -- the sponsor ! ZZd OUr CMZYFXZZ CCC Wofkiz; OUU VMOSP PfObiCZS ZZd MC66iZ; ** l gettlng it goin: and putting in the right language. Thank youz l again. And I ask everyone to vote Aye with me. ' I PRESJDING OFFICER) (SENATOR DeANGELIS) J The question is, shall House Bill 2695 pass. Those in favor ' ! will vote Aye. The opposed will vote Nay. And the voting is noW ! open. Have al1 voted Who Wlsh? Have all voted Who wish? Have l all voted who wish? Take the record. On that question, there are I 56 Ayes, none voting Nayr none voting Present. House Bill 2695, 1 having received the required .constitutional najority, is declared I passed. House Bill 2702. Senator Syverson. Senator Syverson? l Take lt out of the record, Madam Secretary. House Bill *2737. I Senator Watson, do you wish this returned to 2nd Reading for the purpose of an amendment? Senator Watson seeks leave of the Body to return Senate (sic) Bill 2737 for the purposes of tabling an ' amendment. Hearing -- no objection, leave is granted. On the f Order of 2nd Reading is House Bill 2737. Senator Watson. I SENATOR WATSON: / Yes. Thank you, Mr. President. Youdre exactly correct. I'd I like to make a motion that We'table Amendment No. 1 to House Bill j 2737. We put -- we put Amendment No. 2 on the bill yesterday, and this now will become the language of the legislation. I PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Watson moves that Amendment No. 1 be tabled. All 1 those in favor, say Aye. Opposedr say No. Senator Peterscn. ! SENATOR PETERSON: I Will the sponsor yield? ! PRESIDING OFFICER: (SENATOR DeANGELIS) ! Sponsor says he will. ! . SENATOR PETERSON: I Senator Watson, a quick question. Isn't the language in this I 47 STATE OF ILLINOIS 89TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 bill, now that you've tabled the -- the amendment, deslgned merely to give Ameritech or any other potential cable provider a chance ' to set a better franchise deal than the (ncunbent cable company? I ! PRESIDING OFFICER: (SENATOR DeANGELIS) @ Senator Watson. But I believe, Senator Peterson, we're on the motion of tabling the -- the amendment. He hasn't tried for the second one. Senator Watson has moved that Amendment No. l be tabled. A1l those in favor, say Aye. The opposed, say No. The i ! Ayes have it. Any further Flocr amendments? ACTING SECRETARY HAWKER: No further amendments. reported. PRESIDING OFFICER: (SENATOR DeANGELIS) ( 3rd Reading. House Bill 2927. Senator Rlemm have leave to j ! handle this b111? Leave is granted. Read the bill, Madam 1 Secretary. ACTING SECRETARY HAWKER: . House Bill 2927. (Secretary reads title of bill) i ; 3rd Reading of the bill. i PRESIDING OFFICER: (SENATOR DeANGELIS) Sena tor Klemm . ' SENATOR KLEMM: Mr. Presldent, I wonder if I could have leave of the Senate to I I maybe come back to this. We still have a few questions before we proceed. And if I have the assurance we'd have a hearing on this Eoday. I1d like to hold lt. PRESIDING OFFICER: (SENATOR DeANGELIS) Is leave granted? Hearing no objection, leave is qranted. S I enate -- House Bill 3048. Senator Dillard. Read the blllr Madam j I Secretary. . ACTING SECRETARY HAWKER: House Bill 3048. ( 48 I ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Le:lslative Day May l6# 1996 ! (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDINC OFFICER (SENATOR DeANGELIS)

PRESIDINC OFFICER: (SENATOR DeANGELIS) Senator Dillard.

SENATOR DTLLARD

Thank you, Mr. President, Ladles and Gentlemen of the Senate. This bill makes a number of significant changes, the most important of which calls for the co-location of minors and puts a thirty-six hcur provlsion in the 1aW where a minor can be housed in a -- in a -- in an adult, so to speak, facility or -- or correctional facility. It also -- it also calls for the revocation of good conduct credit for frivolous lawsuits filed by prisoners. And addltionally ; lt -- it makes a change saying that - - in the Statutes for escaping and aiding the escape of persons who have violated parole or probation. That is tightened up as well. So the bill does three thingsr and I'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Question is, shall House Bill -- excuse me. Senator Palmer.

SENATOR PALMER

Thank you, Mr.. Jresident. Just a quick question of the Senator, the sponsor.

PRESIDINC OFFICER (SENATOR DeANGELIS)

PRESIDINC OFFICER: (SENATOR DeANGELIS) Sponsor says he wl11 yield .

SENATOR PALMER

Senator Dillard, in my analysis, it says that your proposal 1 ! ! about juveniles Will end up losing federal dollars. Is that correct?

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) S 1 enator Dillard. ! :

SENATOR DILLARD

Senator Palmer, that ls no longer true. The bill orlginally 1 . ! 49 f STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day MaY 1996 sald seven days we could have juveniles and adults in the same facility. We might have lost federal funds under that. But with ny thirty-six hour amendment, Amendment No. 3, Welll nc longer jeopardize federal funding.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) The question isr shall House Bill 3048 pass. Those in favor, vote Aye. The oppcsed, vote Nay. And the voting is now open. Have al1 voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record . On that question, there are 56 Ayes, voting Nay, none voting Present. House 3i11 3048, havlng received the required constitutional majority, declared passed. House B11l 3128. Senator Butler. Read.the bill, Madam Secretary. Oh. The Chair asks leave to return to Senate (sicl Bill 3057, which it had inadvertently skipped. Senator Klemm . Read bill, Madan Secretary.

ACTING SECRETARY HAWKER

House Bill 3057. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DeANGELES)

PRESIDING OFFICER: (SENATOR DeANGELES) Senator Klemm.

SENATOR KLEMM

Thank ycu, Mr. President, and thank you for coming back to the bill you skipped. appreciate that. House Bill 3057 a -- from the initiative of the Illinois Association of Park Districts. requires that the park dlstrtct's annexation ordinances be filed only in the county where annexation takes place. It also asks the -- permits the park districts to enforce a1l personnel code and criminal provisions of the park district on any of their lands located outside ehe district's boundaries. It also adds for a periad of -- not to exceed ninety-nine years the allowing the park districts to lease property to nonprofit organizations 50 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 provided that that use of that property is for public parks and recreation purposes. It also limits the authority of property that can be leased by parks, not to be for a period of more than fifty years it's not used for park purposes. Provlslon in Amendnent No. 1 was added; at the request of Senator Watson and Senator Clayborne, to add a provision for a park distrlct that wishes to have sone support and help down in their areas, and limi.ts it for their park district to be able to sell property to a not-for-profit corporation, upon the condition that that park distrlct is used for recreational programs for ycuth. WeIve also added a reentry clause and a reverslcn clause in case those individuals -- or the nonprofit organization does not use or continue to use it for that purposes. know of no opposition to the bill, and I ask for your support, and would answer any of your questlons. PRESIDING OFFICER; (SENATOR DeANGELIS) Senator Clayborne.

SENATOR CLAYBORNE

Thank you, Mr. -- Mr. President. I rise -- a pcint of personal privilege.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) State your point.

SENATOR CLAYBORNE

On the last bill, 3048, my button was inadvertently hit on No. would have voted Xes, in favor of that bill.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) The record will so indicate.

SENATOR CLAYBORNE

And ... 1 -- as to Senator Klemm 's bill, I rise in support of this bill. This bill was passed out of here, T think, the early - - the early part of this Session. And as' it relates to my districb, wha: it does is allows the park ln my distrlct thatds 51 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 1996 not being utilized to transfer land, lease or sell land over to a not-for-profit. And thls not-for-profit is going to bulld a fifteen-mlllion-dollar recreational center, and the land will only be used for recreational purposes. And it has a reverter clause ln that if it's not used for recreational purposes, then the land goes back to the park district. This is a -- a prime example of -- how private industry and government can work together for the betterment of the youth. And I urge a favorable vote on this -- on this bill.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Trotter.

SENATOR TROTTER

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

PRESIDING OFFICER (SENATOR DeANGELIS)

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

SENATOR TROTTER

Yes. Senator Klemn r there was one provision that we spoke about briefly before, and that was about the park districts. This -- one of the provislons limies the -- the activlties of the park distrtct police. Is there a reason why you added this language to this bill?

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm .

SENATOR KLEMM

Well, it -- it -- it does and it doesndt. It doesn't limit the use of park district police for park distrlct purposes, as you know. It continues that, and that's the reason park district police were created, to -- to have additlonal personnel to protect the safety of those ustng their factlities and protect khe equipment and the property of the park district. What we 've had then is also, in the bill, allowing them to pursue, they need tor off the park district property in -- ln chasing a crook or a STATE OF ILLINOIS 89TH GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 criminal. Okay? We have allowed in the bill that if they Wish to have additional police powers outside of the park district itself - out in the -- the county or the munlcipal - that they can by an intergovernmental cooperation agreement. 1'11 give you an example why. We have a eommunity in Illinois that has about twenty-five, thirty thousand people . They have a hundred and twenty-flve part-time park district police officers. I mean, that's pretty blg. The police department itself in that city only has about forty or fifty. So it's determined that what do you need all that for? To protect the county? It's not really thelr role. Welve also added thlt they have to have police training, which yau and worked on last year of having proper training for them. . So think what we've done is put the safeguards that the proper police departments will be working there, but they can still work together if they need to protect the area surroundlng, let's say, a park. If there's an activity going on that's going to be like a concert and they need to patrol the streetsr they can do'that noW with the sheriff, the the city police chief, Working in concert. And think this Would answer your problems and your Concerns .

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Question is, shall House Bill 3057 pass. Those in favorr vote Aye. The opposed: vote Nay. The votlng is open. Have al1 vceed who wish? Have all voted Who wish? Have al1 voted Who wish? Take the record. On that question, there are 57 Ayes, none voting Nay. House Bill 3057, havins received Ehe required constlEuttonal majorlty, is declared passed. Committee Reports.

ACTING SECRETARY HAWKER

Senator Weaver, Chairman of the Conmittee on Rules, reports that the following Legislatlve Measures have been assigned: Referred to the Appropriations Committee - Senate Amendment No . House Bill 10147 referred to the Executive Committee Senate STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6r 1496 Amendment 5 to House Bill 545, Senate Amendment No. 3 to House Bill 3128, and Senate Amendment No. l to House Bill 32047 referred i to the Judiciary Committee - Motion to Concur With House Anendments 1 and 2 to Senate Bill 1467; referred to Local Government and Eleetions Committee - Motion to Concur With House Amendment No. 1 Senate Bl11 67; and Be Approved for Conslderation - Senate Amendment No. 1 tc Hcuse Bill 3694. I PRESIDING OFFICER: (SENATOR DeANGELIS) For what purpose does Senator Karpiel seek recognition? SENATOR KARPIEL: For the purpose of an announcement, Mr. President. I Would i I . like to announce an Executive Committee meetin: in exactly one 1 hourr in Room 212. Please be there promptly at l o 'clock, Rocm 212. PRESIDING OFFICER: (SENATOR DeANGELIS) For what -- for what purpose doeq Senatcr Donahue seek recognition? ' ! ! SENATOR DONAHUE: Por purposes of an announcefent. PRESIDING OFFICER: (SENATOR DeANGELIS) state ' your announcement. k j SENATOR DONAHUE: I would like to announce an Appropriations hearing - an Appropriations hearing - at 1 o 'clock, in Room 400. APPropriations, 1 o'clock, Room 400. i PRESIDING OFFICER: (SENATOR DeANGELIS) i ! House Bill 3128. Yes, Senator Donahue. Senator Donahue. i 1 SENATOR DONAHUE: Thank you, Mr. President. Sorry. My light Was on. It Wasn't going to work. Immediately, in Senator Pate Philip's Office, we will have a Republican Caucus. Now . ! PRESIDING OFFICER: (SENATOR DeANGELIS) 54 STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRAHSCRIPT 107th Legislative Day May l6, 1996 Republican Caucus in Senator Philip 's Offlce. How long would ! you say the -- the caucus is, Senator Donahue? We Will recess till the call of the Chair. Well -- Senator -- Senator Jones. SENATOR JONES: Yeah. Thank you, Mr. President. What I really Wanted to ' know, and I guess the Members on thls side would like to know, so / we can -- so, you know, adjust our schedules, as to approximately I ! how long will you take for you to get Dudycz in line in the caucus? PRESIDTNG OFFICER: (SENATOR DeANGELIS) I 1 . will tell you that the committee neetings meet at 1, so why j don't we just turn around and run the caucus to the committee l meettngs, have the comm ittee meetings; and return after the ' meetings are over? At the call of the Chair. @ l (SENATE STANDS IN éEcEss) I ! ! (SENATE RECONVENES) I ' PRESIDING OFFICER/ (SENATOR WEAVER) J ! Senate uill be in order. Committee Reports. ! SECRETARY HARRV: Senator Rauschenberger, Chair of the Committee on . Appropriations, reports Senate Amendment 2 to House Bill 1014 Be Adopted. And Senator Earpiele Chair of the Committee on Executive, reports Senate Amendment5toHouseBill 545, Senate Amendment 3 J ! to House Bill 3128, and Senate Amendment l to House Bill 3204 a11 Be Adopted. PRESIDING OFFICER: (SENATOR WEAVER) / 55 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatlve Day May 16, 1996 Messages from the House.

Harry (surname or first name uncertain)

Message from the House by Mr. McLennand, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following tltle, to wit: Senate Bill 1260, tcgether with the following amendmentw which ls attached' in the adoption of which am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 1 to Senate Bil1 1260. Passed the House, as amended, May 16th, 1996. We have another Message on House Bill 3436 with Amendments 1, 2, and 5. I am further directed to lnform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of Amendment No. 4. Action taken by the House, May 16th, 1996.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler, do you wish to bring House 3il1 3128 back to tbe Order of 2nd Readin: for the purpose of an amendment? Senator Bu'tler seeks leave of the Body. to return House Bill 3126 (sic) to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bi11 3128. Mr. Secretary, are there any Flocr amendments approved for consideration?

SECRETARX HARRX

Amendment No. offered by Senakor Bueler

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Butlerz to explain the amendment.

SENATOR BUTLER

Thank you very mueh, Mr. President. The -- this bill -- the basic bill concerns collateral protection insurance. That is the 56 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 insurance taken out when the lender loans money agatnst collateral. The lender requires the borrower, in almost all cases, to maintain adequate insurance to protect the collateral. A good example is when you purchase a car and borrcw the money, the collision and theft coverage on an autcmobile is alvays required. If the borrower does not maintain insurancer the lender can buy CPI coverage, as it's called. It would be limited to the amount of loan, of course, and the cost is added to the loan expense. This is a very ccmmon event. It's done every day. What this basic bill does is to add to consumer protections. Amendment No. 2 does five prlncipal things. First of allr -- lt changes the definition of collateral prctecticn insurance so that it conforms to the Truth -- the federal Truth-in-Lending Act. This would be -- ensure that all State and federal disclosure requirements are met. 7he second thing it does is d t establishes a format for a standard notifiçation which must be sent to the to the borrower, giving him the details of the of the transaction -- or, of the purchase, rather. Third, it must -- it requires the debtör to show evldence within thirty days that the debtor has taken out insurance. If the -- if the insurance ls is taken cut by the -- by the lender and -- and the -- and the insurance is cancelled by through the purchase bf the lender, any charges incurred will -- will not be assessed to the debtor; that is, the lender cannot charge the borrower for charges. Let's see, the third (sic) is, the unearned premiums shall not be calcula*ed by Ehe Rule of 78ths method. And finally, lt changes the credit -- when thls kicks to July 1997, so that parties will have a chance to make good preparations.

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR CARROLL

Thank you, Mr. -- thank your Mr. President. A question of the STATE OF TLLINOIS 89TH GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 ! - sponsor: if I might.

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR CARROLL

Senator Butler, just in qeneral, if a lender, even a nonbank - you know, a car dealerr a finance company of some klnd, a -- a furniture dealer - decides under the contract that they have to buy this collateral insurance and they buy a four-year policy, can theyz even though they don't pay for it themselves a1l at once - in other words, they 're going to pay the premiums nonthly or annually - can theyy under your b111 as now amendedy charge the debtor -- I'm sorry, the credltor khe full four years' charges, even though they have not yet patd them out?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.

SENATOR BUTLER

As I understand it, Senator, tsis is amortized over the llfe of the loan.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Carroll.

SENATOR BUTLER

Oh! I'm -- I'n sorry. No. I'm sorry.

PRESIDING OPFICER (SENATOR WEAVER)

PRESIDING OPFICER: (SENATOR WEAVER) Excuse mer Senator Butler.

SENATOR BUTLER

Tt requires full payment within thirty days. PRESIDING OPFICER: (SENATOR WEAVER) ! Senator Carroll.

SENATOR CARROLL

I'm sorryr Senator Butler. Let me say it maybe a little clearer. After the thirty-day notice -- let's say they correctly sent out the thirty-day noeice and sayr ''You are required to have 58 I STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6r 1996 insurance; you dldn't send us proof; we're going out and buyin: a four-year poliey.'' And they buy the four-year policy; thirty days has gone buy. Therefs no question that *he original borrower owes for that policy. My question is -- I was concerned about the language that the borrower may actually owe more than the lender pald out. So if the lender acquired for that collateral a four-year policyr but only paid the first month's premium, can they charge the borrower all four years' premium and get interest on that, even though the lender has not spent the money yet? And think that's a basic and glaring defect, at least in what I saw.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.

SENATOR BUTLER

Well, there -- there are three options to this, as you know . You can have full payment with thirty days, or you can have a final balloon payment Fithin thirty days after the last scheduled payment, or you can have, as i stated before, full amortlzatlon over the term of the credit. May say your question again. Ilm sorry. J mag noe -- understand ...

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Carroll.

SENATOR CARROLL

1'11 try once more, Senator Butler. I know a little bit complicated. I guess baslcally the question 1s: Is there ability here for the lender to charge the borrower more than the lender is paying? So that if the lender, under the contract, says BI'm buying a four-year policy,'' but the lender is going to pay for it nonthly or quarterly or somethlng like that, can the lender, under Ehe way the bill is drafted with this anendmenty still charge the borrower's account the full four years of premium and earn interest on that for Ehe resk of the loan, even.though the lender hasn't paid out anywhere near that kind of money? Sc 59 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 they buy a ten-thousand-dollar policy, twenty-five hundred dollars a year; they pay twc hundred dcllars -- the lender pays two hundred dollars for the first month, but charges the borrower ten thousand dollars, and then charges interest on top of that. And believe, under the amendment, Senator Butlerz that that would be allowable and that's ny question: Is that or is that not allowable?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.

SENATOR BUTLER

I think it's theoretically posslble: but highly unlikely. The only answer I can çive you: It's theoretically posslble.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator -- any further discussion? Senator Collins. Did ycu have discussion, Senatcr Collins? Turn off your light...

SENATOR COLLINS

It's my understanding tha't this is not the -- the amendment that We just voted on in the Exec Committee. So I had the sane concerns, but that's fine.

PRESIDING OFFICZR (SENATOR WEAVER)

PRESIDING OFFICZR: (SENATOR WEAVER) Any further discussion? If not, Senator Butler moves the adcption of Floor Amendment No. 2 to House Bill 3128. All in favor, signify by saying Aye. Opposed, Nay. The Ayes have The amendment's adopted. Are there further amendments?

Harry (surname or first name uncertain)

Amendment No . offered by Senator Barkhausen.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Barkhausen.

SENATOR BARKHAUSEN

Thank you, Mr. Presldent and Members. Amendment No. is just a slight refinement on Senator Butler's previous amendment dealing with the notice provisions that would be given to a borrower. It 60 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 8aY 1996 simply provides that in addttion to notice goin: to the borrower htmself or herself, that such notlce would also go to any cosigner or guarantor on the borrower's debt. And -- and I move its adoption.

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR CULLERTON

Yes. Mr. Presidentr I'm just -- I'm just trying ko follow alon: the debate and I don't have this amendment in the computer. I'm just wondering there is a hard copy available. Was the amendment distributed?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Barkhausen.

SENATOR BARKHAUSEN

- - T assume it must have been distributed. see one here on my desk and wasn't anything I had in my oWn possession.

PRESIDING OFFICER (SEN/TOR WEAVER)

PRESIDING OFFICER: (SEN/TOR WEAVER) Any further dlseussion? Tf nots Senator Barkhausen aoves the adoption of Floor Amendment No . 3 to House Bill 3128. All in favor, signify by saying Aye. Opposed, Nay. The Ayes have and the the amendment is adopted. Are there further amendments?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Dillardy on 33093 Read the bill, Mr. Secretary. Excuse me. skipped over 3204. Senator O'Malley, you wish 3204 called? Senator O'Malley wishes to return to 2nd Reading, for the purpose of an amendment, House Bill 3204. Is there leave? Leave is granted. On the Order of 2nd Reading is House Bill 3204. Mr. Secretaryr are there any Fioor amendments approved for conslderation? 61 STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6y 1996 I

Harry (surname or first name uncertain)

Amendment No. 1, offered by Senator O'Malley. PRESIDING OFFICER: (SENATOR WEAVER) ! Senator O'Ma11ey. !

SENATOR O'MALLEY

Thank you, Mr. President. Amendment No. l to 3204 is the nap , that is required pursuant to the provistons of House Bill 1465 1 from last year that directed the General Assembly to draw a map for -- electoral districts for the newly formed Board of Review in Cook County, which will be elected in the 1998 fall election.

PRESIDING OPFICER (SENATOR WEAVER)

PRESIDING OPFICER: (SENATOR WEAVER) Is there discussion? Senator Collins. . SENATOR COLLINS: I Thank youz Mr. President and Members of the Senate. I rise in - - in opposltion to this amendment. It just came through our committees As you recall, we did -- they did pass legislation here calling for t%e creation of three districts in Cock County; however, I'm sure it was the intent of this Body to minimize the cost of litigations of a1l of the maps that -- that -- that seem to always end up in court, no matter how hard we try. But in this ' instance, there really has not been a real effcrt put forth to try j and minimize the posslbility of this map goin: into the courts. And let me just tell you why. There are people out there who we a1l know always - always - partieipates in the drawing of maps that affect their distriets, and especially when you 're talkln: i about Cook County. We have the Urban League out there. Ye have MALDEF from the -- from the Latino community. We have other groups; coalitions put together for the speeific purpose of partlcipatlng ln drawlng maps that affect ccngresslonal districtsr senatorial districts, ward districts, and et cetera. This map Was i put on -- this amendment was gtven to us, and I'm the Minority : Spokesperson in that committee and Senator Jones, who is the 62 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day MaY 1996 Mlnoriey Leader over here, sits on that committee, as vell as the other leadership, and none of us had an opportunity to even see this map untll this map was drawn. And and the sponsor couldn't even tell us who drew the map. He 's goinî to glve us scme names a little later, to tell us who Gave the map, what kind of statësttcal data that was used to come up With the figures. All of these things were said in the committee. We dan 't know; he doesn'e know. But yet, he's asking us to vote on the map that We are obligated to do by the -- by the laws that we passed here ourselves, and it's going to end up in court sinply because will not meqt the constitutional test and there has not been a ccncerted effort to ensure that it does. And for that reason, think we should vote dawn this amendmentr and we should wait until the fall and have so that the public can have an opportunity to have some input and have public hearings on this map and that We can minimize the possibility of us going ipto coure and save *he taxpayers some money .

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.

SENATOR.PALMER

Thank ybu, Mr. President. A questicn of the sponsor. PiESIDIRG OFFICER: (SENATOR WEAVER) He indicates he would yield. SENATOR PALMERJ Senator O'Malley, sinee I'm not on the Exeeutive Commlttee: 1111 ask the question: Who drew this map, and Who made these decisions? PRESIDING ' OFFICER; (SENATOR WEAVER) Senator O fMalley.

SENATOR O 'MALLEY

It was drawn with the assistance of some staff people, with consultation with attorneys to make sure that it was drawn 63 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 properly.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.

SENATOR PALMER

To the bill: There's an interesting dynanic in thls rocm. Something this imporeant comes up and the level of chit and chat . does not go down, which suggests that whatever little agreements were made have already been made. AndWe're here -- ycu are / looking at the entire area of Chieagor the collar counties, south suburbs, western, so forth,and yetno one iscommenting on the / : fact that a small group of people can sit down together and draw a map to *he exclusicn of most of the people in this roomv It's l exeraordinary, but sometimes you wonder why you bother to get up and comment on such a thing; butr be that as it may, I conttnue to ' do so. And once again - and ue,ve been down this road every time j ! there has been a decision to make - the arrogance of poker, and it's extraordlnary, but here we are again, and we would hope that we Would vote Nc just for the sake of thae old-fashioned Word i ''democracy.''

PRESIDINC OFFICER (SENATOR WEAVER)

PRESIDINC OFFICER: (SENATOR WEAVER) senator cullerton. '

SENATOR CULLERTON

ïes. Thank you, Mr. President, Members of the Senate. Senator O 'Malley, the computer people tell me that the analysis of this bill hasn't even yet been put into the computery whlch is kind of a comment on how quickly this thing has been Whipped upon us. I'm not on the committee and so I wasn't even -- didn't have the benefit of ehe testimony. Al1 I have is a -- a -- khat appears to be a -- a copy of a -- of a map and some stakistics with regard to the breakdown of whitey blacks Aslane Indian: other: and Hispanlcr and the townships. Could you tell ne uhat the -- in the three maps, what is the political breakdown between I 64 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 8a# 1996 Democratic and Republican?

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR O'MALLEY

Senator Cullertony thank you for the questlon. haven't loaked -- honestly haven't looked at the political breakdown. But what I have laoked at is, the primary lnterest that I had, being primarily a suburban legislator, Was to achieve the purposes that I think represents the overwhelming desire of people not only in suburban Cook Countyr but throughout Caok County, that there be allowed into the assessment appeals prccess in Cook County a third member, with that third member hcpefully representing suburban interests. believe this map achieves that purpose, and that's why I feel confident about it.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.

SENATOR CULLERTOM

Well, in looking at the map, think you 've achieved the goal that you just stated of having a -- a suburban member. And think and if we look at the breakdown of the the racial breakdown, we have a district that is sixty-six percent African-American and 6.2 percent Hispanic. So that night achieve another goal. But I want you to tell me, honestly, what is the political breakdown of these three disericts. And I know that you wouldn 't want to say that you have no idea what the political breakdown is. These computers that print thls, as Ne dtd with our redistricting, they have the U of I totals; there's a percentage you can give ne for each one of these maps. just want to know what the percentage is. And I know that you Want -- this is an important matter, and and if -- noww lf you don't want to answer it, you could say, ''I don lt want to answer it.'' But would appreciate if you -- if yau could answer 65 STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY RZGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day May l6, 1996 PRESIDING OFFICER: (SENATOR WEAVER) ' SenatorOdMalley. j

SENATOR O 'MALLEY

Senator Cullerton, I think you knoW the 1ay of the land in ! CookCountyaswellasjustabout anybody in the Chamber. As ( Senator -- or one of the Senators in the Executive Committee mentioned, from your side of the aisle, in committee, a blind man could understand this map. But 1et me suggest to you that it is l obvious to me that, yes, there will be a suburban representative, , and the City of Chicago will have tremendous influence about the outcomeintheothertwodistricts. WhethertheybeRepubltcanor j Democrat in any one of those districts depends on who the candidates are, how they waqe their campaign, and whether they get out and -- get the vote out on election day. But, you know, it is l ! clear to me that a suburban district would Eend to be in favor of Republicans by its very nature. 3ut that's all I could really k 2 comment in response to your quest on.

PRESIDJNG OFFJCER (SENATOR WEAVER)

PRESIDJNG OFFJCER : (SENATOR WEAVER) Senator Cullerton . ; SENATOR .CULLERTON : 1 1 Well, Ilm -- I'm -- you know, the problem is that I haven't had a chance to look... A1l f have is this -- this thing. You ) ! can barely tell what's in the City and What1s out of the City. It's -- there's a -- there's a map Ehat seems to have scme kind of I a -- of a hook that comes down into the City. There's a district ( that appears to be the north suburbs and then it klnd of hooks j ! down ineo the city. J can 't tell what part is in my district, I what part is out of my district. I can tell you, there 's out -- on the northwest side of Chicago, it locks to me that there's ! going to be three people who live next to each other - three I neighbors living next to each other - that have to go to three -- i that are in three separate districts, that it will be on one 66 ) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 1996 block, because you seem to have cut across a whole bunch of -- of boundarles. You've cut across municipal boundariesy townshlp boundaries. And I specifically want to ask you and I'm not sure what number, 'cause there's no nuRbers on this map that I have here. I don't know What number is the one that's the north suburbs that comes down into the City, bu* I know that you know this. I know that you have a number, or somebody sittin: next to you has a number, as tc what is the U of I tatal - what's the U of I count on that particular map. That's my specific question. When -- in the -- you took the last U of I election, there's a percentage of people that voted Denocraticr a percentage that voted Republtcan. That's how we drew our naps.. You know that; knaw that. that's how you drew this map. just want to know what that number is. Remember now, think back to when you were in the hospitaly youfre laying on your bed. This is -- your life flashed front of you. This is really important. Just want to know the number.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton, think he said that he could not answer that question. Now, are you asking a second time? Senator O iMalley.

SENATOR O 'MALLDY

The -- wieh al1 due respect to Senator Cullerton' I leaned over to my seatmate, Senator Mahar, who happens to be our good friendy told me that he does not know the answer to your question either.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. have questions for the sponsor.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Indicates he will yield. 67 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6r 1996 I SENATOR dEL VALLE: . . ' Senator O'Malley, T have requested a fiscal note on this amendment. Has the fiscal note been filed?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator del Valle, the tradition and custom of this Body has always permitted the sponsor to go forth with the bill on a deadline day. We have requested a fiscal note and hopefully we will have it before the dayisover. Anyquestions? Senatcr ) Jones. Senator del Valle. ' SENATOR dEL VALLE: Mr President, I sald I had a fe* questionsz if I may proceed. . J Senator, in committee we talked about the districts, the three districts, and I pofnted out that thereare towns ltkeCicero j l where the Hispanic population is fractured, and that we have a nunber of -- of areas where there is Hispanic concentration that have been put into different districts. I have to ask you : Do you 'think that this map will withstand a challenge under the VotlngRightsAct? )

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) SenatorO'Malley. j

SENATOR O 'MALLEY

Absolutely. I--Iknowthatwe'veconsulted with attorneys to make sure that we took that into consideration. In fact, / . District 2 that -- that is -- is included in the -- you know, , withln the provisions of this legislation has made every effort J ! that -- that could be nade legally to make sure that Htspanic l popalations; which -- are distributed throughouttheCityand / ! other areas, were concentrated into Disbrict 2. PRESIDINGOFFICER: (SENATOR WEAVER) / Any further discussion? Senator de1 Valle. I SENATOR dEL VALLE: . ! ' Senator, given that the legislatlon that requlred the drawing / 68 / STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 8a# 1996 of -- of -- of this map by the Illinois General Assembly was -- was passed quite -- quite a lon: time ago, vhy did -- why did we walt till the last minuee, *he eleyenth hour, to pu* forth a mapy and why didn't we give an opportunity for the groups that have been involved putting together maps and participated in hearingsr as we have done many times over the last twenty yearsy Why didn't we afford those groups like MALDEF and the Urban League and other groups that have been involved in -- helping to draw maps eo ensure that the votlng rights of minorities are protected? Why didn't we do that? Why did you wait till just a couple of hours agc to show us this map and then have the map presentqd ln the Executive Committee tweney minutes ago and then have the map brought to the Floor for a vote?

PRESIDING OFPICER (SENATOR WEAVER)

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

SENATOR O'MALLEV

Senator del Valle' thank you for the question. Tt's similar to a question that you answered (sic) in the -- in the Executive Commlttee, not identical. Senator, I don't recall the date that this b1l1 originally went through the Executive (sic) (Revenue) Committee the exact date - but it was well over a mont% ago: l and: franklyr anybody kho has approached me to discuss this subject matter has no* had my ear turned away from them. I have not heard from you. Had I heard from you, I'd have been happy to dlseuss it With you.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahue. Senator Donahue...

SENATOR DONAHUE

Thank you, Mr. President. rise on a point of personal privilege.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) State your point. 69 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6r 1996 SENATOR DONAHUE: I truly hate to interrupt our debate on this important bill, but I have some very important ladies in the gallery behind the Republican stde of the aisle. Many of you might have seen them cn television in the last feW months on the Tonight Show and Today j Shcw. But in the gallery are the Beardstown Investment Clubz and I'd like to have them welcomed by the Senate. I PRESIDING OFFICER) (SENATOR WEAVER) Will our guests please rise and be welcomed by the Senate? Senator Jones. Further discussion? Senator Jones. SENATOR JONES: Thank you, Mr. President. Will the sponsor yield? j PRESIDING OPEICER: (SENATOR WEAVER) 1 He indieates he will yield. J SENATOR JONES: ! Senator O'Malley, 1.11 ask this questlon more dtrect, Which I asked you in the conmittee: The political statistic data that was usedinthismap,eouldyouidentifyuherethat information came J from? ' PRESIDING OFFICER; (SENATOR WEAVER) senatoro'Malley . ' j SENATOR O 'MALLEY: Senator -- Senator Jones: this mapr the census data that you'rereferringtois a1l a matter of public record. It's contalned in the actual body of *he amendment - Amendment No. 1. ) ' As far as the political data comlnq from, I am not sure , spegifically What you're referring to. Again, as I mentloned to you in -- in eommittee and as I've said previously on the -- on the Floor here today: my overriding interest in looking at this map wasdoesitaehievesubstantiallywhatthepurposesofthe-- ) the legislation from last year Was intended ko achieve. And I ' j believe it is, and I think we have a good soltd map here that will l I 70 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day MaY 1996 do the job kas intended to do.

PRESIDING OFEICER (SENATOR WEAVER)

PRESIDING OFEICER: (SENATOR WEAVER) Senator Jones.

SENATOR JONES

Senator O'Malley -- O 'Malleyy you meandered around, and so perhaps you don't know, but perhaps the gentleman sitting next to you on the Floor. Could you tell us who that is? And perhaps he could gtve you the answer ko The gentleman sittlng right next to you, could you tell who he is? Senator O 'Malley. PRESIDING OFFICERI (SENATOR WEAVER) He indicates he doesn't know him. Senator Jones..

SENATOR JONES

Well, in -- in response to Senator Cullerton's questiony I thought perhaps he satd, I know that you had thls new life, and you have seen the light agaln, and perhaps you have recognized this indlvidual. Soy I mean, I know he's sitting there consulting you, and could you ask him to tell youe slnee you don ft know: What political statistics was used in the development of this map? Will you do that for the Body so that not only this side but your side can also be enlightened as to this piece of leglslation?

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR O 'MALLEY

Senator Jones, again, appreciate your question, and 1'11 answer as nany questions as you want Eo ask this afternoon. The bottom line is, again: that I believe this -- thls -- this map Ehat's embodied in Amendment No. l to House Bill 3204 accomplishes the purpose of the legislation that was provided for in House Bill 1465, that we passed last year.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jones.

SENATOR JONES

71 STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 r Senatar O 'Malley, so since thls map is part of -- is a11 of : Cook County and Cook County is a home rule unit, so therefore it would require an extraordinary number of votes to pass: beeause you're dealing with county boards, and the -- and the Constitution actually referenced county boards. So this is the Board of Tax Appeal within Cook Countyr Which is the County Board . So therefore, since you won't give us this information and everything, did you receive any input from that home rule unlt?

PRESIDING OFPICER (SENATOR WEAVER)

PRESIDING OFPICER: (SENATOR WEAVER) Senator O 'Malley. SENATOR O 'MALLEY: . Thank your Senator Jones. My answer at this point would be ' similar to one of the answers I save to Senator de1 Valle, namely, that this legislation: House Bill 3204, went through the Executive - - I'm sorry, the Revenue Committee some time ago . I have been available since that time until today to respond to any questions and inquiries thae may come from any Member of the Chamber, or frankly elsewherer and I haven't turned my ear away frcm anybody. That's what I mentioned earlier, and I have not heard from etther you or Senator del Valle previously concerning this subject. PRESIDING OFFICER: (SENATOR WEAVER) ' Senator Jones.

SENATOR JONES

Well, since you have suffered a memory lapse since you've been back to the General Assembly, wedre al1 glad to see you return to ! the General Assembly. But, Mr. President, you know, in light of this does tmpact on home rule units and iE would seem Eha: itld require, in my opinion, an extraordinary vote, so I wish you would r state to the Body the nunber of votes required to pass this plece of leglslaEion. PRESIDING OFFICER: (SENATOR WEAVER) : The Chalr Would rule, Senator Jones, it takes thirty votes. I : I 72 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 1996 We are dealing with the Election Code, as J understand it' and not the Counties Code. Senator Jones.

SENATOR JONES

Well, parliamentary inquiry. You may be dealing with the Election Ccde, but also -- but you are dealing with the County of Cook, which is a home rule unit, and so -- as -- as is spelled out - - spelled out in the Constitution. So -- so -- so will you cite for me, Mr. President, the basis of your rulingz since this is a1l incorporated in Cook County and Cook County is a home rule unit?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Well, Senator Jones, this does not prqenpt home rule, and so it would require thirty votes. Senator Palmer.

SENATOR PALMER

Thank you, Mr. President, and I apologize for rising a seeond tlme. But, Senator O 'Malley, you said this eame through the Revenue Committee. This map did not come through the Revenue Committee. These decisions did not come through the Revenue Committee. And I would like to ask you -- as as I recall, there were decislons made that the court ruled agatnst and, in fact, ruled that those occupying certain posittons had to stay in those posltions until their terms were up. So to say that we had an opportunity to discuss this, think is inaccurate.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator O'Malley, to close.

SENATOR OIMALLEY

Mr. President, thank you very much. I thlnk Welve thoroughly discussed thisy and -- based on the questions that have been asked and and answered here on the Floor today. So rather than belabor it anymore, would just ask for the support of the Body to have this anendment added -- Amendment No . l added to House Bill 3204.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 73 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 Senator Q'Malley moves the adoptton of Floor Amendment No. No. to House Bill 3204. There's been a request for a roll call. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Take the record . On that questionz the Ayes are 32# the Nays are 25# none voting Present. Floor Amendment No. 1 is adopted. Are there further amendments, Mr. Secretary?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Dillard: on 33097 Read the b1ll, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 3309. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard. Senator Dillard.

SENATOR DILLARD

Thank you, Mr. Prestdent, Ladles and Gentlemen of the Senate. House Bl1l 3309 coneains three major provisions. The first is to allov the Bclingbrook Medical Center to do khat it used to do# and that's be a freestanding emergency clinic and accept basic life-support ambulance runs in that ever-growing, fastly increasing-in-population, communlty. The second provision adds a hundred-dollar additional fine to certain keapons and drug offenses With the money collected beins deposited into Trauma Center Funds, and wherever the money ls colleceed, ie stays geographically with that particular trauma unit or trauma centbr. And the last creates and corrects a glitch, guess, in the Illinois Health Facilities Plannlng Act, Which requires Health Facility Planning Board to autcmatically deny permits or 74 STATE OP ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day MaX 1996 exemptions to expand psychiatric beds in Illinois. I want to point out that one would still have to go through the Health Faeilities Planning Board to have new psychiatric beds or expanded psychiatric beds approved, but this takes out the absolute prohibition wherever there has been declared a surplus. I'd be happy to answer ahy questions. And again, this bill has three different provisions.

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR SMITH

Thank you, Mr. Chairman and Ladles and Gentlemen of the Senate. I want to join my colleague, Senator Dillard, in asking ycu for your vote. I'm saying to those of -- on this stde of the alsle, this is going to help us financially with our trauma centers and this is screly needed. So I'm askin: that we a11 give him a Yes vote on this piece of legislation. Thank you.

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR RAUSCHENBERGER

Thank you, Mr. Presiden*. I rise in support of this bill. This bill tracks back, to some exten't, to the work I was tryin: to do in helping the Hea1th Facilities Planning Board embrace the emerging future of medical cares think this is a good bill, and we're certainly happy to see this go forkard . But I Would point ouk that unless we help the Bealth Facilities Planning Board understand the new realiEles: we may have to contlnue to do billsy and that's why appreciate the help from the Publlc Health Committee and the -- the amendments we noved earlier. I urge a favorable roll call.

PRESIDING OEFICER (SENATOR WEAVER)

PRESIDING OEFICER: (SENATOR WEAVER) Senator Jones.

SENATOR JONES

75 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT . 107th Legislative Day May 16, 1996 I I Thank youy Mr. President. I intend to suppcrt Lhis piece of legislation, but I also want to state for the record that I do I have a conflict of tnterest and I -- but I w111 be voting my ) . conscience. I PRESIDING OFPICER: (SENATOR WEAVER) I Senator Jacobs. . I SENATOR JACOBS: I Thank you, Mr. President, Ladies and Gentlemen of the Senate. 1 Would the sponsor yield for question? 1 PRESIDING OFPICER: (SENATOR WEAVER) I He indicates he would. . ! SENATOR JACOBS: . ' Senator Dillard, I have no qualms with this bill either, ' except, as I understand it, and maybe it's been taken care of in ' one of the amendmentsy that the duration of the demonstration I project is not -- does not have a closin: date. Is that correct? ! PRESIDING OFPICER: (SENATOR WEAVER) ! Senator Dillard. ' SENATOR DILLARD : ! Senator Jacobs, it was taken care of in Amendment No. 1. I There is a closurey or a finality dabe. I PRESIDING OFPICER: (SENATOR WEAVER) ! Further discussion? Senator Geo-Karis. / SENATOR GEO-KARIS: 1 Mr. President and Ladies and Gentlemen of the Senate, 1, too, 1 may have a conflict of interest because I am a member of a I hospital board and T want to declare it, but I Nill vote my 1 conscience. 4 PRESIDING OFPICER: (SENATOR WEAVER) 1 Is there further discussion? Senator Palmer. ! . SENATOR PALMER: I Thank you, Mr. President. Ir too, serve an a hospital board ' 76 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 and I will also vote my conscience. PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If nok, the question is: shall House Bill 3309 pass. Those in favor Will vote Aye. Opposedr Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 3309 is declared passed. 3348. Senator Dillard? Senator Dillard: on -- 33467 Out of the record. Senator Dudycz, on 33492 Read the bill, Mr. Secretary. SECRETARY HARRY: . ( House Bill3349. f (Secretary reads title of bill) ' 3rd Reading of the bill. PRESIDING OFFICER) (SENATOR WEAVER) l Senator Dudycz. , SENATOR DUDYCZ: . p ! Thank you, Mr. President. House Bill 3349 creates the -- . the I MotorVehicleLeasin: Act. Itprovides for various disclosure and ) : vehlele lease requirements. This is an initiative of the Attorney General. Specificallyr. tùe Act requires a lease tc be in large print so that it is easily read by the consumer. Requires disclosure on what type of insurance the vehicle has. It contains a notice that the person leasing the vehicle does not have ownership rights. And if the contract contains a purchase opelon, the -- the person should not sign the lease prior ko reading it. ' It also nokifies *he person leasing khe vehicle that he is -- he Or She is entitled tO a complete Copy Jf th8 lease describing how ' the lease may be terminated, and the lease must contain a ! descriptlon of the vehlcle's value and hoW that value is . determined. The b111 Was -- was sent to us from the House. It was amended in the Transportation Ccmnittee to remove a provision l 77 . STATZ OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 107th Legislattve Day May 16, 1996 which prohibited the filing of a class actlon suit under the Act, and it also clarified a provision dealing With excess wear and damage to the vehicle, reducing the tine from sixty to tblrty days. I thank Senator Fakell and Senator Shadid for their assistance in cleaning up this bill. And I know af no opposition. It has the support of the NeW Car Dealers, the Automobile Manufacturers' Assoctatton. And as far as I know, everyone else has signed on board. PRESIDING OFPICER: (SENATOR WEAVER) Is there discussion? Senator Palmer. SENATOR PALMER: Thank you, Mr. Presldent. A question of the sponsor. PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Will yield. SENATOR PALMER: Senator Dudycz, I think this is a very good bill. I did have one question. I certainly applaud the bill for reducln: the number of days from sixty to thirty. I did wonder though: Will the car be rereleased at all prior to a decision made about excess . wear and damage? PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz. SENATOR DUDYCZ: Senatorr it is possible. The problem that was discussed in Transportation Committee was that current -- under current law, there is no time limitw and the bill had the sixty-day limit -- of the vear and tear and that has been reduced to thlrty. PRESIDZNG OFFTCER: (SENATOR WEAVER) Further discussion, Senator Palmer? SENATOR PALMER: 1 Just one quick comment that is -- I think, should be of some concern to us, since I know your intention is to limit the I 78 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day Ma# 1996 liability or the concern to the consumer. So perhaps, at some later date, We might want to discuss that part of

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell. Out of the record. Senator Pawelly did you wish recognition? Senator Dudycz, do you Wish to close? not, the question is, shall House Bill 3349 pass. Those in favor Will vote Aye. Opposed, Nay . The voting is open. Eave a11 voted <ho wish? Have a1l voted who Wish? Take the record . On that question, the Ayes are 57, the Nays are noney none Moeing Present. House Bill 3349, having reeelved the constitutional majority, is declared passed. Senator Philip, on 33807 Out of the record. Senator Parker, on 35207 Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 3520. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) senator palmer (sie) (parker).

SENATOR PARKER

Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. House Bill 3520 amends the State Employees Group Insurance Act to allow rectpients or survlvors of recipients who receive a disability benefit from the Teaehers' Retiremene System to participate in the State employees' group health insuranee program, and the second thing it does is amend the Comprehensive Health Insurance Plan Act and authortzes the Board to establlsh conditions and procedures under which the plan may, funds permitr discount or substdlze premium rates that are paid direckly by senior citizens and other plan participants who meet a means test and other qualifications. I wculd ask for a favcrable vote.

PRESIDING OFPICER (SENATOR WEAVER)

PRESIDING OFPICER: (SENATOR WEAVER) Is there discussion? not, the question is, shall House 79 STATE OF ILLINOIS 89TH GENERAL ASSEM3LY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 1996 Bill 3520 pass. Those in favor kill vote Aye. Opposedy Nay. The voting is open. Have all voted kho wish? Have a11 voted who wlsh? Take the reeord. On that question, the Ayes are 57r the Nays are none, none votin: Present. House Bill -- 3520, having received the constitutional najority, is declared passed. Senator Rauschenbergere do you Wish to return House Bl1l 3649 (sic) (3694) to the Order of 2nd Reading for Ehe purpose of amendment?

SENATOR RAUSCHENBERCER

Senators I'd llke -- I'd like to request leave to return to this bill.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Leave is granted. Senator Rauschenberger seeks leave to return House Bill 3694 to the Order of 2nd Readin: for the purpose of an amendment. Senator Rauschenberger.

SENATOR RAUSCHENBERGER

didn't expect to use my leave so quicklyy.butr yes, I'd like to move Senate Amendment Floor Amendment 1r which defetes the effective date and puts this bill in position for conference, later.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger seeks leave of the Bcdy to return House Bill 3694 to the Order of 2nd Readlng for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3694. Mr. Secretary, are there any Floor Amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No. 1, offered by Senator Rauschenberger.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank your Mr. Presldent. Floor Amendment No. to House Bill 3694 deletes the effective date of the bill and positions this for 80 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 8aY 1996 conference, later. I'd appreciate...roll call.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Rauschenberger moves the adoption of Floor Amendment No . 1 to House Bil1 3694. A1l in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment's adopted. Any further Floor amendments?

Harry (surname or first name uncertain)

Nd further amendments reported.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . 3695: Senator Rauschenberger? Out of the record. 76967 Out of the record. 3698? Out of the record. On paqe 3 of your Calendar. We'1l go baek through the bills that were amended earlier today. This will be the last time through the Order of 2nd (sic) (3rd) Reading. So you wish to call your bill, don't pass it up now. House Bill 24. Senator Karpiel? Senator Dudycz? 0ut of the record. 322. Senator Madigan. Senator Rauschenberger, are you handling thae? Senator Cronln, are you handling 322 for Senator Madlqan? Do you Wish to call the bill? Out of the record. 431. Senator O 'Malley? Read the bill, Mr. Secretary. SECRETARY kARRY: House Bill 431. (Secreeary reads title of bill) 3rd Readin: of the blll.

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR O'MALLEY

Thank you, Mr. President. House Bill 43l has been amended by Amendnents ly 6 -- I'm sorry, 5 and 6. I am goin: to do my best to explain 2 and and I will do my best, also, to explain 4 and 5, but Senator Fitzgerald offered those amendments and may wlsh to make comments as well or answer questions related 81 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 ' to them. Amendment No. 1 deletes the interim board of review language throughout the Property Tax Code. Again, that is 1 legislation or -- or those -- that -- those provisions are -- were ) part of1465fromlastyear, which was the subject of litigationr 1 and the interim board of review lanquage is no longer neeessary . Amendment Ko. 2 makes a correctlcn to the Property Tax Extension Limitation Law to address a problem in -- in the vicinity of Oak l ' Lawn. As a result of the combination of both prior year EAV and f ' recent imposition of tax limitations in -- in Cock County, one of the local school districts got caught - actually, the Village of E Oak Lawn got caught - so that they were -- they intended to pay I . off a -- a TIF bond early. They did so, and this ts intended to I elean up that situation and make it posslble for the local I districts. to assess the EAV that they intended to. The third 1 . amendment allows taxing districts -- I 'm sorry. That -- that is 1 not the amendment that we would explaip. Amendment No. 4 applies ! . 4 only to Cook County and provides that the time limltation for a ' I eertlficate of error shall not apply to a certificate correctlng ' an assessment of one dollar, under Section 10-35: on a parcel that a subdivision or planned development has acquired throuqh adverse possession, if, one, the parcel is used as a conmon area and, two, the application is made prior to December 1, 1996. This -- this kas to address a spectfic problem that occurred in Senator / Pitzgerald's area. Amendment No . 5 changes the reporting of nanny taxes from quarterly to annual to -- to mirror the recent f reporting changes at the federal level. And last, but not leastr is Amendment No. 6, which was placed on House Bill 431 earlier i today. It'spermissivelanguagetoallowanytaxlng dis*rict to J abate its property taxes on property levied exclusively to 1 affordable housing for older households: also the limitation on / theamountofanyabatement. AgalngI'm going to emphasize that 1 it's permissive languager not mandatory language. Should any ) 32 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 2996 districts wish to grant an abatement, the cumulative abatement benefit to any particular affordable housing for older households J would be limited to a period of fifteen years and three million : I dollars in aggregate from all taxing districts. That's a summary f of all the amendments that have been added to House Bill 431. I'd I be happy to answer any questëons there may be. I PRESIDING OFFICER: (SENATOR WEAVER) I I Is there discusston? Senator Palmer. ' p SENATOR PALMER) I Thank you, Mr. President. A question of the sponsor. ! PRCSIDING OFFICER: (SENATOR WEAVER) ! He indicates he will yield. ! SENATOR PALMER: ! Senator O'Malley, I'd just like clarification on three ! amendnents. Amendment l applies only to Cook County. IS that 1 correct? ! ! PRESIDING OFFICER: (SENATOR WEAVER) I Senator O'Malley . . I SENATOR O 'MALLEY: I That ls correct, Senator. ' j ' ' PRXSIDING OFFICER: (SENATOR WEAVER) 1 Senabor Parker. Senator Palmer. Excuse me. I SENATOR PALMER: I Amendment 2 applies only to Oak Lawn. Is that correct? I PRESIDING OFFICER: (SENATOR WEAVER) ? Senator O'Malley. 1 SENATOR O'MALLEY: ! No. It applies to Cook Countyy but it -- I'm eyplaining the I ! circunseances -- in my -- in my introduction of itr I'm explaining 7 . the circumstances under which I'm bringing this berore us. It's I to correct, as I mentioned in my -- my earlier comments, a . . I situation tha: -- that allows, thrcugh n? inienelcn of their ovn ! 83 STATE OF ILLINOIS 89TH CENERAL ASSEMBGF REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16y 1996 1 or -- or lack of attention of their own, the Village cf Oak Lawn ! paid off its TIP bonds in a certain area, Which, by the uay: was residential, early, so that the local school district, whlch, of course, has students coming from that area, would -- would receive the benefit of the new EAV that was largely benefitted from the TIF improvements that Were put in that area. PRESIDING OFFICER: (SENATOR WEAVER) Furtherdiscussion? J SENATOR O 'MALLEY: Sor yes, it applies to Oak Lawn, but it -- it applies, ! obviously, beyond the borders of Oak Lawn as well. PRESIDING OPFICER: (SENATOR WEAVER) I ! ' senator Palmer. I I SENATORPALMER: / Two more questions. Is there anyone else anyuhere else that I ! would be affected by Amendment .2? And lastlyr Amendment 4 applies I ( ' Whatever -- hoWever it WaS deseribed' it applies, as I understand ! it, to a small tract of land in Palatine. Is that correct? I l PRESIDING OFFICER: (SENATOR DUDYCZ) senator 0 'Malley. l ' SENATOR O IMALLEY ! : Senator Palmery your answer with respect to No. 4 is yes. I ! , think it was - - this drawn narrowly enough that it applies to that / - - a small parcel of land in Senator Fitzgerald's -- the area that 1 ! Senator Fitzgerald represents. As far as No. -- Amendment No. 2 goes, again, We're not aware that it applies -- I meanr that @ there's any other specific eireumstaneeWhatsoever. The specific 1 cireumstance that We're aware of is the one that I've shared with ! the Body. 2 ! I PRESIDING OFFICER: (SENATOR DUDYCZ) . Any further discussion? Senator Shaw . . I ' f SENATOR SHAW: I I 84 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 107th Legislative Day May 16z 1996 i 6 Yeah. Thank you, Mr. President. I just Wanted ko ask him about -- I don't remember whether it was the... PRESIDING OFPICER: (SENATOR DUDYCZ) The sponsor indicates he uill yield. Senator Shaw. SENATOR SHAW: On that certificate of error, what did you -- what amendment was that, and what exactly did you do on that certificate of error? PRESIDING OFFICER: (SENATOR DDDYCZ) Senator O 'Malley. SENATOR O 'MALLEY: ' . 1 That'sAmendmentNo.4toHouseBill431. ButasIunderstand f the facts, they are thesey Senator Shau: There's a piece of ' property that was intended to be part of a plan unit development or a condomtniun complex. For Whatever reason, the develcper -- or original developer did qot convey it to the association and it - - it resulted in a -- an assessment being placed on -- on that piece of land, and the Assessor's Office is familiar Wtth the -- the -- with this particular parcel and has, in fact, granted a certificate of error on subsequent years. This is to address ' those areas that the Assessor's Office is unable to address. And -- and the change in the 1aw is intended to make it possible so that they can do so. PRESIDING OFFICER: (SENATOR DUDYCZ) Anyfurtherdisgussion? Ifnot,SenatorO'Malley,toclose. / SENATOR O 'MALLEY: Again, that was -- you know, any tlme we have a series of amendments like that, there's a 1ot to explain to the Body. But I Nould just appreciate your support. PRESIDING OFFICER: (SENATOR DUDYCZ) The question is# shall House Bill 431 pass. A11 those in favor will vcte Aye. Opposed will vote Nay. And the voting is ! 85 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6: 1996 open. Have a1l voted who uish? Have a1l voted kho Wish? Have a11 voted who wish? Take the record. On that question, there are 50 Ayesr 3 Naysy and 3 votlng Present. And House Bill 431, havin: received the required constitutional majority, is declared passed. On the bottom of page 3 of your regular Calendar: on the Order of Senate Bills -- or, House Bills 3rd Reading, Hause Bill 456. Senator Rauschenberger. Out of the record . On the top of page 4 of your regular Calendar, ln the Order of House Bills 3rd Reading, House Bill 527. Senator DeAngelis. Senator DeAngelis. House Bill 545. Senator Cronin, do you wish thls btll returned to the Order of 2nd Reading for the purposes of an amendment? Senator Cronin seeks leave of the Body to return House Bill 545 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 545. Senator Karpiel.

SENATOR KARPIEL

Thank your Mr. President. I just would like to -- before we take up the debate on House Bill 545, I Would like to table Anendment No. 4.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel moves that Ploor Amendment No. 5 -- Nc. 4 to House Bill 545 be tabled. All those in favory say Aye. Opposed, Nay. The Ayes have it. And Floor Anendment No. 4 is tabled. Any further Floor amendments?

Harry (surname or first name uncertain)

Amendment No. 5, offered by Senator Watson.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

SENATOR WATSON

Yes. Thank you, Mr. President. Thls is the amendment that deals with the East St. Louis School District. This Will now take some of the provisions out that Were objected to yesterday. We -- 86 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16r 1996 I as we discussed the amendment, as I menkioned on the Floor at that ; kime, there were people meeting and discusstng, from the Oversight Panel, from ehe State Board of Sducation, from the School Board in East St. Louis, and Senator Clayborne and myself, involved in the negotiations and we have come up now with this amendment. It is not necessarily supported by the School Board, but it is movement ) in a direcelon and good-faith effort to try to come to some sort of common ground here. So this takes out the no-strike clause khat was in the legislation. It requires the East St. Louis / , 1 . School Board to develop a long-term plan. The collecttve I bargaining languaqe that was objected to ls removed. And then the . f panel is required to meet with the Board prior to the commencement I of any -- collective bargaintng to discuss the issues of the ! eontract.

PRESIDING OPFICER (SENATOR DUDYCZ)

PRESIDING OPFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Clayborne.

SENATOR CLAYBORNE

Thank you, Mr. President. I understand that this is the last I day to have House bills passed out, and With that understandinqy I Senator Watson and I will continue to negotlate and -- to add I additional amendments that will rectify some of the problems that I the Board feels are present -- that -- that are present. So# at ? this timey we,re passing this bill on with the understanding that *e Will continue to negotiate. And meetings are set up for ' tomorrow . ' PRESIDING OFFICER: (SENATOR DUDYCZ) ! Is there any further discussion? If not, a1l those in favor, ! say Aye. Opposed, Nay. The Ayes have it, and the amendment is I adopted. Any further Floor amendments approved for consideratlon? I SECRETARY HARRY: I No further amendments reported. . . J ; PRESIDING OFFICER: (SENATOR DUDYCZ) I 87 f STATE OF TLLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislakive Day May 1996 3rd Readlng. On the Order of 3rd Reading is House Bill 545. Mr. Secretaryy read the bill.

Harry (surname or first name uncertain)

House Bill 545. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER (SENATOR DUDYCZ)

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Cronin.

SENATOR CRONTN

Yeah. Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. nade a motion earlier to transfer the sponsorship of this bill to Senator Watson. Thank you.

PRESIDING OFPICER (SENATOR DUDYCZ)

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Watson, on House Bill 545.

SENATOR WATSON

Yes. We jgst -- thank youw Mr. President, and thank you: Senator Cronin. We just discussed the anendment. That is nou the billr or -- well, actually, the -- the amendment we put on yesterday, plus these changes. The Elgln language that dreu some fire yesterday was tabled by Senator Karpiel. So that ls no longer a part of this. The idea is to continue with the negotiations, as Senator Clayborne has nentioned, in hopes that: again, some kind of agreement can be reaehed between the Oversight Panel, the Board, and the State Board of Education. And I'd ask for your support.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discusslon? If notr :he question is, shall House 3i1l 545 pass. A11 those ln favor w1ll vote Aye. Opposed uill vote Nay. And the voting is open. Have a1l voted who wish? Have a1l voted who wish? Have a11 voted kho kish? Take the record. On that questiony there are 46 Ayesy 3 Nays, and 6 voting Present. And House Bill 545, having received the requlred constitutlcnal 88 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 1996 majorlty, is declared passed. House Bill 995. Senator Cronin. Rouse Bill 999. Senator Cronin. House Bill 1014. Senator Rauschenberger, do you wish this bill returned to 2nd Reading for *he purposes of an amendment? Senator Rauschenberqer seeks leave of the Bodg to return House Bill 1014 to *he Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granbed. On the Order of 2nd Readin: is House Bill 1014. Mr. Secretary, are there any Floor amendments that have been approved for consideration?

Harry (surname or first name uncertain)

Amendment No . 2, offered by Senators Rauschenberger and Mahar.

PRESTDING OFFICER (SENATOR DUDYCZ)

PRESTDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Mr. President. Senate Amendment No. 2 to House Bill 1014 is the supplemental appropriations bill. I'd urge its adoptlon.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR CARROLL

Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. ehere's been some question, on this side at least, as to What's in it. And let me just say that what's in it bastcally is -- is what the Governor had suggested in supplemental approprlations that ke have been discussing for a whlle; however, therefs a couple other things in it, and there's one thing that's not in it. One of the things the Governor said, Ehat .when we were gotng to do the intergovernmental transfer Wlth Cock County Hospital, that wouldz in fact, provide money to bring down the number cf days we have been delaylng payments to nursing homes, developmental disabilitg facilities and other such providers. While the.facts are that the utilization has been down those areas and therefare we have 89 STATE OF TLLINOJS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 I ; I ! been able to bring that number of days down just by utilization, I the Governor had said, very strongly: he wanted it to be at twenty-two days. Clearly, by this leglslationy there ls sufficient revenue from the ineergovernmental transfer to bring it down to twenty-two days: and for each day we pay, twelve of those tuenty-four hours are pald for by a federal government match to whatever State dollars ue put up. So wedre nct only losing the abtlity to capture federal funds this year, but we had the ability and I don't see why we are not bringing it down to thae which the Governor suggestedr which would be healthy for the fiscal state of Illinois and good for our bond rating, and is to bring those bills down to twenty-two days. What they did find money for, howeverz was for some very specialized projeets for certain Republican Members. There's seventy-five thousand dollars fcr the City of Berwyn for a new police station, which was not in Capital Development Board's request. There is a million dollars of General Revenue funds for a Phase 11 Willow-Higgins Creek improvement in -- in Rosemont, in Senator Cronin's district; General Revenue funds that were not in the Governor's request. There's 2.3 million dollars for a new historical library for Senator Bomke's dlstrict that were not within the Governor's request. There is a mlllion and a half dollars of Road funds, taken from projects a1l over the State, into Senator Mahar's district, and other such propcsals. And it's also in Senator O 'Malley's distrlct. I don't know that I would be that proud of it when we're dolng a supplemental and we are no* using Ehe money to capture more federal dollars and not using the money to bring our fiscal house in order, but rather to provide special privileges to certain Members. I think that is Wrong. PRESIDING OFFICER) (SENATOR DUDYCZ) An further discussion? Senator Jacobs. i y 90 STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 1996 END OF TAPE TAPE

SENATOR JACOBS

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Would the sponsor yield for a questicn?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Jacobs.

SENATOR JACOBS

Senator, is there any money in thls supplemeneal fcr ehe Rate Adjustment Fund? We have a number of people, I know, in my district that are waiting six months. Their taxes are comlng due. Theylre going to lose their homes because wedre that far back in paying these very few people vho haMe no erue chaapion for them out therey and just wondered if there was any noney in there - inasmuch as we're giving arbitrators raises, as I understand, in this bill - that it would seem to me that we should be -- at least have the courtesy to ensure thae those people who have been -- been hurt on the job, you know, for those uninsured areasr to at least get the payments that are due them. And I'm just curious as to whether or not there is any funding this.

PRESJDTNG OPPICER (SSNATOR DUDYCZ)

PRESJDTNG OPPICER: (SSNATOR DUDYCZ) Senator Rauschenberger. SENATOR RAUSCHENBERGER; Senatorr thank you for asking that question. I Want to point out to you that *he Rate Adjustment Pund is a non-appropriated fundy much like what the income fund is now for our universities. Through the appropriatlcn proeess we have no control over the Rate Adjustment Fund. It's a substantive issue. I Would certalnly urge the committees that would deal with the work comp policy and 91 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 work comp reform to move forward with some kind of resolution to the Rate Adjustment Fund, but it's not an appropriation issue. But thanks for raising it.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.

SENATOR JACOBS

Well, two poinks to that. I would hope that Senator Butler does call House Bill 2593 to resolve that issuey but we have loaned them money in the past. And until the Rate Adjustment Fund is finally taken care of in its proper manner, think thab a loan w@s appropriate in this special appropriations or supplemental appropriations and feel that we should give special interest to these people. Even though they are just a very few peoplez they have been hurt. They they are due their money, and I dcn't think people should be losing theër houses because the State of Illinois owes these people money.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR RAUSCHENBERGER

Thank you, Mr. President. Would assume that the Body will Waive debate on 3rd Reading since we 've debated this on recall. will we dve had some controverslal issues raised . I'd like to correck a few mistakes, thoughr in in other people's analysis. There is no Willcw Creek project in for a million dollars. That maybe Was in something else you saw, but ls not in this appropriation bill. The discussion of whether the road ucrk that's necessary in -- ln this supplemental comes from other projectsr don't agree with. a matter of the Road Fund balance and some of the fluctuations that IDOT 'S had. There's -- there's plenty of resources in the Road Fund to deal with legislative initiatives to the budget. The Executiv/ Branch bas a 92 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legtslative Day May l6: 1996 1 . great deal of discreticn in a thlrky-four-billion-dollar budget. I'm not embarrassed and don't think it's Wrong for the Legislature toexertitself,and--andIWouldthinkinother circumstances, j Senator Carroll mighe agree with me. Just so everyone knows what's in this supplemental thatfs critical ls khe funding for the regional superintendents so that they can get paid. It's funding that deals with the Department of Aginq. It's fundlng that deals with the foster care situation in DCFS, where they don't have enough approprlated authority to pay their foster parents. It pays providers in the Department of Mental Hea1th and the Departmen: of Children and Family Se.rvices, as uell as almost everythlng else that the Governcr requested. T'd urge a favorable roll calt.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) On Floor Amendment No. 2 to House Bill 1014, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for eonsideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OPFICER (SENATOR DeANGELI/)

PRESIDING OPFICER: (SENATOR DeANGELI/) 3rd Readinq . On the Order of 3rd Readingr House Bill 1014. Mr. Seeretaryr read the bill.

Harry (surname or first name uncertain)

House Bill 1014. (Secretary reads title of bl1l) 3rd Reading of the bill.

PRESTDING OFFICER (SENATOR DUDVCZ)

PRESTDING OFFICER: (SENATOR DUDVCZ) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Mr. President. Thâs is a supplemental l appropriation that we just discussed. As I said: it deals with I 93 J STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 *he Governor's request. It deals with some other projects that have come to light since the Governor made his request: and most important of al1 to the Body, that I would not uant to pass the opportuntty ko mentionr is it provides funding to conplete the prison at Tamns. It provides eleven million dollars -- thirteen million dollars of GRF fundin: to complete that prison for the safety of guards and for the well-being of the prisoners so that We can get our supermax prison open and get our most dlfficult prisoners out of our maximum-security prisons. It also deals with eleven mlllion dollars worth of GRF to -- to help move along stxty-six million dollars worth of kater projects throughout the . State of Illinois through the Environmental Protection Agency, the Water Revolvinq Funds across all districts. It -- it affects both Republicans and Demacrats. Since we have been unable to move forward with bonding, we're movlng forward on these tWo projects. This is a good supplemental. I Would urge unanimous support.

PRESIDIMG OFFICER (SENATOR DUDYCZ)

PRESIDIMG OFFICER: (SENATOR DUDYCZ) Is there any discussion? If notw the question is, shall House Bill 1014 pass. Al1 those in favor Will vote Aye. Opposed Will votç Nay. And the voting is open. Have al1 voted who wish? Have all voted who wish? Have all voted who wish? Take the recordk On that questian, there are 53 Ayes, 2 Naysy and 2 voting Presentr an'd House Bill 1014, having received *he required constltutional majorlty, is declared passed. House Bill 2206. Senator Philip. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 2206. (Secretary readG title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.

SENATOR PHILIP

94 f STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 Thank you: Mr. President, Ladies and Gentlemen of the Senate. , House Bill 2206, as amended, is George Ryan's blll Which increases fees for the request of a driver's record, the fee for a i k corporation flltng an annual report, the fee for filing certatn docunents under the Uniform Commereial Code. The revenues raised from these fees -- increases wl1l go towards the literacy grants, library automaticn, replacin: the mainframe computer of the Secretary of State's Office, which is over tWenty years old, and the modernization of the Secretary of State's Office. Be happy tc tions and vould ask for a favorable roll call. ' answer any ques , PRESIDING OFFICER: (SENATOR DUDYCZ) ! Is there any discussion? Senator Jacobs. SENATOR JACOBS: ! Thank you, Mr. President, Ladies and Gentlemen of the Senate. Would the -- the sponsor yield for a question? PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yleld. Senator Jaeobs. SENATOR JACOBS: ! Senator, as you indicated, this is a -- a fee increase, but aren't we also in thls giving more information of the driving ' communitv ''' to the insurance comoanies ''' out there - somethinq''' that I ! . know we've been trylng to watch? This appears to me that it -- according to our analysis anyway, that it gives more information to the insurance companies from the Secretary of State's Office. ( I ! PRESIDINGOFFICER; (SENATORDUDYCZ) l i Senator Philip. SENATOR PHILIP: ) ! That is absolutely correct. Evidently, that amendment kas Wcrked out with the insurance tndustry and the Secrekary of State's Office. ! PRESIDTNG OFFICER: (SENATOR DUDYCZ) Senator Jacobs. : i 95 i STATE OF ILLIROIS 89TH GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996

SENATOR JACOBS

Was there anyone there, Senator, to take care of the interest of the drïving public, to get *heir interest and eheir -- their . J information into this agreement that Was nade betueen the Secretary of State's Office and the insuranee companies?

PRESIDING OFPICER (SENATOR DUDYCZ)

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Philip.

SENATOR PHILIP

Well, there wasn't anybody there from the publlc, to my knowledge . What this information provides is your driving record . If you have a terrible driving reçord, you probably ought to pay a litele more insurance fees. Al1 of the sbates around us -- almost all of the states in the United States provide that information 1 for insurance companies. In fact, as you know, we 've increased ' the fees for them to do it. PRESIDING OFFICER: (SENATOR DUDYCZ) . Senator Jacobs. . E

SENATOR JACOBS

It's -- it's my understanding, Senator, that there are -- of I the number of reasons that very well may be given to the lnsurance companies is information even i! no ticket was issuedz that that . same information will be given even if the ticket was either set aside or was found no* guilty, that that information Would still ; be passed on, and I don't know if that's really a good ldea. 1 don't have a lot of problems With What ycudre trying to do, but I have some problems with the protectlon for the consumer.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR WELCH

I ' : I have a queskion of the sponsor.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) . Sponscr indlcates he will yield. Senator Weleh. 96 ? STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996

SENATOR WELCH

Senator Philip, how much money will thls fee increase -- fee increases raise? I PRESIDINGOFFICER: (SENATORDUDYCZ) / I

SENATOR PHILIP

19. 4 million. 2 PRESIDING OEFICER: (SENATOR DUDXCZ) I Senator Welch. l SENATOR WELCH: ! Didn't Secretary of Stabe George Ryan just have a fee increase last year or the year before: as I recall?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip. i SENATOR PHILIP: ; ' You know what? I think that ls eorrect. I'm not sure. !

PRESIDING UFFICER (SENATOR DUDYCZ)

PRESIDING UFFICER: (SENATOR DUDYCZ) ! Senator Welch. SENATOR WELCH: I Well, . it just seems that the Secretary of State is -- is / runnin: his own tax increase operatton here each year in the ' ' I Senate' and I don't see the dlfference betueen fee increases and f tax inereases. And basically, what we dre voting on is a tax increase, only George Ryan gets to decfde how to spend ity and he i gets to keep the money in his own budget. That doesn't make a 1ot I of sense to me. I know we often hear about how Webre not going to I raise taxes, but it ends up that the drivers end up paying these ! increased fees. So it seems to me the same thing . You can call it a tax increase, you can call it a user fee, but in the end lt's ! the government getting more noney out of the taxpayers' pockets. : PRESIDING OFFICER: (SENATOR DUDYCZ) . ' 1 Any further discussion? Senator Geo-Karls. I 97 ? : STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16r 1996

SENATOR GEO-KARIS

l ! Well, Mr. President and Ladies and Gentlemen of the Senate, I first of all, their computer system is completely antiquated, and if you don't think people want servicey youfre nistaken over there. And if theysetadecentsystemwithsomeoftheseuser fees, then theydll get more prompt response and more prompt action l : . to our citizens. And I think people are willing to pay a little moretoqetbetterservice,andyou'renatgoingtodoitwiththe f q antiquated computer system we have. These fees are goinq to gc into purchasing a better computer system, and J vote for the bill. '

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR FAWELL

Thankyouverymuch. Ifyougodownenough--far enough in 1 your analysis, you will see that the fee for requestlng a driver's record would go from tko dollary to five dollars. The fee -- the fee for a domestic or foreign corporation flling an annual report 1 . would go up slightly, and a fee for filing certain documents under I the Uniform Commercial Codewouldgoupslightly. There'salso g ( some fees that are being reduced or eliminated.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? f

SENATOR FAWELL

seems to me that this is reasonable. i

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Philip, to close. ' SENATOR PHILIP; Thank you, Mr. Presidentz Ladies and Gentlemen of the Senate. Remind the Membersr these fees have not been lncreased for cver 1 twenty years. If you Would compare these fees to the states ! surroundin: usr we are way, way low. And ebe indivldual people do not pay these fees. The people that pay these fees are insurance 98 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 companies and banks. So I Would ask for your favorable constderation.

PRESTDJNG OFFICER (SENATOR DUDYCZ)

PRESTDJNG OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 2206 pass. A11 those ln favor will vote Aye. Opposed Will vote Nay: and the voting is open. Have a11 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 49 Ayes, 7 Nays, none votln: Present, and House Bill 2206, having received the required constituttonal majorityr is declared passed. House B#1l 2593. Senator Butler. Senator Butler. Thatfs House Bill 2593, Senator Butler. House. Bill 2596. Senator Watson. Senator Watson. That's House Bill 2596, Senator Watson. House Bill 2702. Senator Syverson. House Bill 2751. Senator Weaver. House Bill 3128. Senator Butler. House Bill 3128. Senator Butler. Mr. Searetary, read the bill.

Harry (surname or first name uncertain)

House Bill 3128. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER (SENATOR DUDYCZ)

PRESIDING OFPICER: (SENATOR DUDYCZ) Senato r Butler. '

SENATOR BUTLER

Thank you very much, Mr. President. This is the bill We C debated at length earller today. It's called the eollateral protecticn insurance, and it protects both the lender and the recipient who take out collateral -- or, who have loans backed by i collateral. I'd be happy to answer any questions. PRESIDING OFFICER: (SENATOR DUDYCZ) J I Is there any discussion? Senator Carroll. SENATOR CARROLL) i . Thank you, Mr. President, Ladies and Gentlemen of the Senate. I guess/ you know? some discussion was had on the amendment 99 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996 process on this? and while I commend Senator Butler and Senator Barkhausen for their effores, including taking one of the amendments I had suggested and adopting it: and think that does go a long way to make it better, as indicated in the amendment I still had some concerns. The most crltical of which that I thought could have been handled was the situation Where the lender charges the borrower more than the lender spends and then charges the borrower interest on And just to explain the example again: If the borrower dces not maintain his insurance recognize that he starts this process - and gets a notice and doesn't do something for thirty days, that the lender can then say. ''I bought...'' - the example I used was - ''four years worth of insurance for ten thousand dollars.n Even though the lender is only paying it monthly two hundred dollars a month, charge the borrower the full ten thousand dollars day oney and charge then ten, fifteen, twenty percent on that money, the interest would be more than he was actually spending on the principal for the borrower. And let me give you a more practical example. Some of you may have been asked at some point to co-sign on a note, let's say: for a car for a child who becomes .-- you knowy Who moves out of the house, lives by themselves. Theydre makin: their paymen'ts. They stop paying the insurance, for vhatever reason, and now the lender goes out and says, ''I'm going to buy four years car insurancez'' and put on the whole priee of the ear insurance day one: and be able to charge interest on it, even though the lender hasn't paid any of the insurance bill, or a very small portion. I don't think you want to create that situation where either the borrower, the kid, or the parent is now sEuck wlth a huge bill, and more importantly the interest on thatp even though the lender never pald think that's a glaring defect in here that wish would have been corrected andr unfortunately, cannot see supporting it kith that in there. l00 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16, 1996 PRESTDTNS OFFTCER; (SENATOR DUDYCZ) Is there any further discussion? If not, Senator Butler, to close.

SENATOR BUTLER

would ask for your favorable vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 3128 pass. All those in favor will vote Aye. Opposed vote Nay, and the voting is open. Have a11 voted who wish? Have a11 voted who wlsh? Have al1 voted uho wish? Take the record. On that question, there are 32 Ayes, 19 Nays, 2 voting Present, and House Bill 3128, havlng received the required ccnstitutional majority, is declared passed. On the Order of House Bills 3rd Readlngr House Bill 3204. Senator Carroll, I -- you don't have your ltght on. Senatcr Carroll.

SENATOR CARROLL

I'm sorry. T forgotr Mr. President. We uould appreciate a verification.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) That request is in order. Senator Carroll requests verification of the affirmative vgte. Will a11 Senators please be ln their seats? Wi11 a11 Senators be in their seats? The Secretary will read the affirmative votes.

Harry (surname or first name uncertain)

The following voted in the affirmative: Barkhausen, Bamke: Burzynskiy Butlerr Cronin, DeAngelis, DeLeo, Donahuer Dudycz, Fawell, Geo-daris: Earpiels Klemm, Lauzen, Luechtefeld, Mattland, Molaroe O 'Malleye Parker, Peterson, Petkar Raica, Rauschenbergery Rea, Siebenz Syversonz Walshr Watsonz Weaver, Welch, Woodyard and Mr. President.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Does Senator Carroll question the presence of any Member voting in the affirmative? STATE OF ILLINOIS E 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6r 1996 I I

SENATOR CARROLL

yes, z do, Mr. president. Is senator DeLeo here? paEsloluc oFFzcER: (sExAToR Duorcz) senator Deceo. Is senator oeLeo on the Floor? strike his nam p . '

SENATOR CARROLL

SenatorBurzynskiherenow? J PRESIDING OFFICER: (SENATOR DUDYCZ) ! Senator Burzynski ls in the back of the Chamber.

SENATOR CARROLL

Senator Sieben. . PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Sieben's in his seat. SENATOR CARROLL: l I senator Molaro. 1 PRESIDING OFFICER: (SENATOR DUDYCZ) j Senator Molaro. Is Senator Molaro in the Chamber? Strlke h1s j l name .

SENATOR CARROLL

! Senator Peterson. I'm sorry. Didn ,t see him over on the 'j slde. No. Senator Cronin we 'said could go to the nurse's i station. And no further, Mr. President. I PRESIDING OFFICER: (SENATOR DUDYCZ) I On a verified roll call, the Ayes are 3Oy the Nays are l9: ( . w1th 2 votin: Present. Having received the requlred : constitutional majority, House Bt11 3128 is declared passed. f i House Bill 3204. Senator O'Malley. Senator -- Mr. Secretary, read the bill. SECRETARY HARRY: ' HouseBill(Secr 3204et .ary reads title of bill) f 3rd Reading of the bill. / l02 STATE OF TLLJNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16r 1996 PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O'Malley. SENATOR O'MALLEY: I Thank you: Mr. President. House Bill 3204, as amended, j provtdes for a -- an election map for election districts for the Cook County Board of Review. The General Assembly Was required, f pursuant to House Bi11 1465 from last year, to draw a map for I . e lectoral districts to be elected in the 1998 fal1 election. I'd 1 ! be happy to answer any questions there nay be. I PRESIDING OFFICER: (SENATOR DUDYCZ) ! Is there any discussion? if notr the question is, shall House ! Bill 3204 pass. .A1l those in favor Will vote Aye. Opposed Will vote Nay, and the voting ts open. Have all voted who wish? Have I al1 voted who wlsh? Have al1 voted Who wish? Take the record. / On that questiony there are 31 Ayes, 24 Naysy none voting Present, ! and House Bill 3204, havin: reeelved the required constitutiopal ! majority, is declared passed. House Bill 3348. Senator Dillard. Top of page 6 of your regular Calendar, on the Order of House f ' Bills 3rd Reading, House Bill 3694. Senator Rauschenberger. Mr. , Secretaryy read the bill. l SECRETAR: HARRY: ' I . ! House Bill 3694. I (secretary reads title of bill) ! 3rd Reading of the b111. ! PRESIDING OPFICER: (SENATOR DUDYCZ) I Senator Rauschenberger. 2 SENATOR RAUSCHENBERGER: I I Thank you, Mr. President. House Bill 3694 is a bill that we I amended a few minutes ago and deleted the effective date. We'd like to move this. ? . PRESIDING OPFICER: (SENATOR DUDMCZ) ! Is there any diseussion? I l03 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 1996

SENATOR RAUSCHENBERGER

We'd like to nove this out o' Chamber. I'd appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 3694 pass. A11 those in favor Will vote Aye. Oppased will vote Nayy and the votinç is open. Have all voted who Wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 49 Ayes, no Naysy and 6 votin: Present. Wlth House Bill 3694, having received the required constitutional najority, Ss declared passed. Senator Smith. what purpose do you rise?

SENATOR SMITH

would like to be recorded as Present on this last vote. My button vouldn 't qo off or something.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) The record -- the record shall so reflect. If you'd turn your Calendars to the top of page 11 to the Order of Motions in Writing to Recansider the Vote, is House Bill 3271. Mr. Secretary, read the motion.

Harry (surname or first name uncertain)

Having voted on the prevailing sider I move to reconsider the vote by khich House Bill 3271 passed. Signed by Senator de1 Valle.

PRESIDING OFPICER (SENATOR DUDYCZ)

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator de1 Valle. SENATOR dEL VALLE: Mr. President, I move to reconsider the vote by which House Bill 3271 was passed for the purpose of clarification and establishing leglslatlve intent.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Having voted on the prevailing slde, Senator del Valle moves STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatlve Day May l6# 1996 to reconsider the vote by which House Bill 3271 was passed. Al1 those in favor, say Aye. Oppcsed, Nay. The motion carries and the question before the Senate... The motion passes. On the Order of House Bill 3271 -- on the Order of 3rd Reading, we have House Bill 3271. Mr. Secretaryr read the... 0n the Order of 3rd Reading is House Bill 3271. Senator Peterson.

SENATOR PETERSON

Thank you, Mr. President and Members of the Senate. Hcuse Bill 3271, as mentioned beforey anends the Professional Boxing and Wrestling Act ko ban ultimate fighting exhibitlons in Illinois. As you knowr ultimate fighting is a no-holds-barred contest in which contestants can use whatever style of hand-to-hand combat they wish. House Bill 3271 places ultlmate fighLing ln viclaticn of the Act and places the Department of Professional Regulation in a position to define what constitutes such a contest, and enforcement powers to ban such contests. There's also 4 home rule preemption included in the bill.

PRESIDINC OFFICER (SENATOR DUDYCZ)

PRESIDINC OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Cullerton.

SENATOR CULLERTON

Thank you, Mr. /resident, Members of the Senate. Would the spcnsor yield?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he w11l yield. Senatcr Cullerton.

SENATOR CULLERTON

Senatorr durinç earlter debate on thls bill, the question Was asked if this bill bans the broadcast over cable and pay-per-view channels. Does -- does thls bill ban such broadcasts in Illinois?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson.

SENATOR PETERSON

Senator Cullertonr after further consultation with the 105 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day May l6, 1996 Department of Professional Regulation, House Bill 3271 seeks only to ban ultimate fighting contests from being held in Illinois. The television and cable industry's concerns and the coneerns of the Department of Professional Regulation regardlng broadcasts of these contests held out-of-seate were handled by House Amendment 1, and I ask for a favorable toll call on House Bill 3271. PRESIDING OFPICER: (SENATOR DUDYCZ) Is there any further discussion? Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President: Ladies and Gentlemen of the Senate. I spoke against this bill last tëme. I'm not golng to get into it at length. The same arguments prevail, but I just find it a little ironie. We always sit here and say we want tc keep out of people's lives. These are grckn people making groWn decisions, which do na different than they do in boxing: no different than they do in hockey where they have fights a11 over Ehe jotnt. And ' more people qet hurt in hockey than they do in ultimate fighting, and even the Bulls games sometimes gets a llttle rough. And T just think ik's a silly idea and ke should vote No this time. PRESIDING OFPICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is; shall House Bil1 3271 pass. All those in favor will vote Aye. Opposed kill vote Nay, and the voting is cpen. Have a1l voted who wish? Have all voted kho wish? Have a11 voted who wish? Take the record . On that quesklon, there are 52 (sic) (53) Ayes, 2 Naysy and none voting Presgnt, and House Bill 3271: having received the requlred constttutlonal majority, is declared passed. Turn your Calendars to the Order of -- to page 7 to the Order of Secretary's Desk, Concurrence, Senate Bills fcr the purposes of nonconcurrence. Senate Bill l8. Senator O fMalley. Out of the record. ...the information of the Membershipr we are on the Order of Secretary's Desk, Concurreneey Senate Bills. We Will only be taking up the 1 l06 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May 16y 1996 motions to nonconcur. Senate Bill 454. Senator Rauschenberger. I i Mr. Secretary, read the motlon. :

Harry (surname or first name uncertain)

I move to nonconcur with the House in the adoption of their I Amendment No. 1 to Senate Bill 454. I Filed by Senator Rauschenberger. I PRESIDING OFFICER: (SENATOR DUDYCZ) I Is there any discussion? Senator Rauschenberger moves to 2 nonconcur in House Amendment No. 1 to Senate Bi11 454. All those I ! in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the House. Senate Bill - - 542. Senator Watson. Mr. Secretary, read the motion. . ,

Harry (surname or first name uncertain)

I move to noneoncur with the House in the adeption of their Amendment No. l to Senate Bill 542. Filed by Senator Watson. PRESIDING OFFICER: (SENATYR DUDVCZ) ! Senator Watson moves to nonconcur in House Amendment No . 1 eo ! Senate Bill -- 542. All those in favory say Aye. Oppcsed, Nay. ! The Ayes have 1t. The motion earries, and the Secretary shall so ' I inform the House. On the bottom of page 8. Seeretary's Desk, ! Concurrence. Senate Blll 1465. Senator Dillard. Mr. Secretary, ! read the motion. I SECRETARY HARRY: I I move to nonconcur With the Rouse in the adoption of thelr I Amendments l and 2 to Senate Btll 1465. f Filed by Senator Dillard. I . I PRESIDING OFFICER: (SENATOR DUDYCZ) ! I Senator Dillard noves to nonconcur in House Amendments No. l 1 and 2 to Senate Bill 1465. All those in favor, say Aye. Opposed, 1 Nay. The Ayes have it. The motion carrlesr and the Secretary I shall so inform the House. ...leave of the Bodyr we will return I 1 I l07 STATE OF ILLINOïS 89TH GENERAL ASSEMBLY REGULAR SESSIOR SENATE TRANSCRIPT 107th Legislatlve Day May l6, 1996 back to Senate Bill 1414. Senator Geo-Raris. SENATOR GEo-KARIs: 1 Mr. president and Ladies and Gentlemen of the senate, I move f to nonconcur with Senate Bi1l 1414, and I ask that a conference I committee be appointed. / 1

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) J Senator Geo-Karis moves to nonconcur in House Amendment Ko. l I to Senate Bill 1414. A11 those in favor, say Aye. Opposedz Nay. ! The Ayes have it. The motion carries: and the Secretary shall so ! inform the House. Page 10 of today's Calendar. If you turn it to I the Rlddle of pag.e 10 of today's Calendar is the Order of I Secretary's Desk, Nonconcurrence, House Bills for the purposes of ! mottons to refuse to recede from Senate amendments. House Bill -- I 3451. Mr. Secretary, read the motion. ! SECRETARY HARRY: ' I move to refuse to recede from Senate Amendment 3 to Hcuse 1 ' Bill 3451, and request that a conference committee be appointed. f 1 Filed by Senator Bomke. /

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Bomke. ! . ) SENATOR BOMRE: ' ' j Mr. President, T -- I move that we refuse to recede, and that I I a conference committee be appointed. PRESIDINGOPFICER: (SENATORDUDYCZ) ) ' Senator Bomke noves that the Senate refuse to recede from the ! adoption ofSenateAmendmentNo.3toRouseBill3451,andthata J ' conference committee be appointed. A1l those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carriesr and the i Secretary shall so inform the House. Resolutions. ; PRESIDING OPFICER: (SENATOR DUDXCZ) i Senate Joint Resolution 107, offered by Senator Weaver. (Secretary reads SêR No. 107) I l l08 ! ' STATE OF ILLINOIS 89TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day May l6, 1996

PRESIDING OPFICER (SENATOR DUDYCZ)

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Weaver moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Jotnt Resolution 107. Al1 those in favor will say Aye. Opposedr Nay. The Ayes have it. The rules are suspended. Nowr Senator Weaver has moved for the adoption of Senate Joint Resolution 107. Those in favor, say Aye. Opposed, Nay. The Ayes have itr and the resolution is adopted. Resolutions Consent Calendar. ..noW proceed to the Order of Resolutions Consent Calendar. With leave of the Body, a1l of those read in today Will be added to the Consent Calendar. Mr. Secretary: have there been any objections filed to any resolution on the Consent Calendar?

Harry (surname or first name uncertain)

No objections filedy Mr. President.

PRESIDING OFFICER (SENATOR DDDYCZ)

PRESIDING OFFICER: (SENATOR DDDYCZ) Is there any discussion? If not, the queshion is, shall the resolutions on the Consent Calendar be adopted. A11 those ln favor, say Aye. Opposed, Nay. The motion carries, and the resolutions are adopted. Messages. SECRETAR? HARRY: A Message 'from the President. Dear Mr. Secretary - Pursuant to the provisions of Senate Rule 2-10(e), r hereby extend the deadline for final aetion on the following cateqcry of bills: with speclfic bills enumerated under this category, to May 21st, 1996: Business Regulation - speclfically House Bill -- House Bills 2737 and 2927. We have a like Message on Pensions - specifically House Bill 322: and another Message on Budget Implementation - specifically House Bills 3380, 3696 and 36987 and Educatlon Reform - specifically House Bill 2596. Sisned by President Philip, and filed on May l6th/ 1996. PRESIDING OFFICER; (SENATOR DUDYCZ) l09 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 107th Leglslative Day May 16: 1996 Isthereanyfurtherbusinesstocomebeforethe Senate? If / , not, pursuant to the adjournment resolution, the Senate stands 1 adjourned until 10 a.m. Monday, May 20th. f ( I I I I I I ! l ! I 110 4 REPORT; TIFLDAY STATE OF ILLINOIS 96/10/07 PAGE: 001 89TH GENERâL âSSEMBLY 13:kq:2M SENATE DAILV TRâKSCRIPTION OF DEBZTF INDEX MAY 16, 1996 R8-0022 THIRD REâDING PAGE H8-0322 THIRD READING PAGE H8-0322 0UT OF RECORD PAGE H8-0322 OTHER PAGE HB-O#31 RECALLED PAGE HB-0k31 THIRD READING PAGE H8-0527 THIRD READIMG PAGE H8-0527 0DT OF RECCRD PZGE HB-05k5 RECALLED PAGE HB-05R5 THIRD READING PAGE HB-05#8 THIRD REZDING PâGE HB-05k8 OTHER PAGE HB-101) RECALLED PAGE HB-101R THIRD READING PAGE HB-12R9 THIRD REàDING PZGE H8-2206 RECALLED PâGE H8-2206 THIHD READfNG PAGE H8-2230 THIRD READIMG PAGE HB-229k THIRD READIMG PAGE H8-2529 THIRD REàDING PAGE H8-2596 OTHER PAGE H8-2616 THIRD REâDIMG PAGE H8-2691 THIRD READING PAGE H8-2695 TMIRD REZDING PZGE H8-2737 RECALLED PàGE H8-2737 OTHER PAGE HB-292? THIRD REZDiMG PZGE H8-2927 0UT OF RECORD PAGE H8-2927 OTHER PAGE HB-30M8 THIRD REâDING PAGE HB-30V8 OTHER PAGE HB-3057 THIRD READING PAGE H8-3128 RECALLED PAGE H8-3128 THIqD READIMG PAGE HB-320R RECALLED PZGE HB-320R THIRD READING PAGE HB-3271HOTION PAGE H8-3309 THIRD READING PAGE H8-33)9 THIRD READIMG PâGE H8-3380 OTHER PAGE HB-3k51 REFUSE T0 RECEDE PAGE H8-3520 THIRD READING PAGE H8-3694 RECALLED PZGE HB-369q THIRD READIMG PAGE H8-3696 OTHER PAGE H8-3698 OTHER PAGE SB-0M54 NON-CONCURREMCE PAGE 58-0542 NON-COMCURRENCE PAGE SB-141q NON-CONCORREMCE PAGE SB-1q65 NOM-CONCURRENCE PAGE 107 :R-0216 RESOLUTION OFFERED PAGE 3 SJR-0107 ADOPTED PAGE 109 SJH-0107 RESOLUTION OFFERED PAGE 1O8 SDBJFCT HATTER SEMATE TO ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-PâSTOR JâHES GERALD MICHOLS PAGE 1 PLEDGE OF ALLEGIANCB PAGE 1 JOURNALS-APPROVED PAGE 1 JOURNALS-POSTPONED PâGE 1 HESSAGES FROH THE HOUSE PAGE 2 COMHITTEE REPCRTS PAGE 2 COMHITTEE REPORTS PAGE 53 * REPORT:TIFLDZY STZTE OF ILLINOIS 96/10/07 PAGE; 002 89TH GENERAL ASSEHBLY 13:Vk:2V SENATE DAILY TRZNSCRIPTION OF DEBZTE INDEX HAY 16, 1SS6 I SUBJECTHATTER I SEMATE STANDS IN PECESS PAGE 55 1 SENATE RECONVENES P2GE 55 ! COHHITTEE REPORTS PVGE 55 PESSAOES Fn0H THE HOUSE PAGE 56 ' RESOLUTIONS COVSENT CALENDAR-âDOPTED PAGE 109 j HESSâGE FROH THE PRESIDENT PAGE 109 ZDJOURNMEPT PZGE 110 ! E E ! ! I I I ! I ! 1 1 I 1 . i I !