Illinois Senate Floor Debate — May 21, 1996

PRESIDING OFFICER: (SENATOR WATSON) Committee Reports.

Senator Builer, Chair of the Committee on Commerce and Industry, reports Senabe B1ll 1669, the motion to concur N1th House Amendment 4 Be Adopted. And Senator Barkhausen, Chair of the Conmittee on Financial Institutions, reports Senate Bill 1648, the motlon to concur Nith House Amendment 1 Be Adopted .

PRESIDING OFFICER: (SENATOR WATSON) Resolutions, Mr. Secretary .

Senate Resolution 218, offered by Senator Parker. It's a death resolution, Mr. President. PRESIDING OFFICERJ (SENATOR WATSON) Consent Calendar.

Senate Resolution 219, offered by Senators Dillard and Petka. It's substantive.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY i REGDLAR SESSION SENATE TRAHSCRIPT i I 109th Legislative Day May 21, 1996 I PRESIDING OFFICER: (SENATOR WATSON) I Illinois Information Service reqdests permlssion to tape j today's proceedings. Leave is granted. Resolutions, Mr. . ! Secretary. I

Senate -- Senate Resolution 220, offered by Senator Geo-Raris and a1l Members. It's a death resolution, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Senator Geo-Karis moves to suspend the rules for the purpose of immediate consideratton and adoption of Senate Joint -- Senate Resolution: excuse me, 220. Those in favor will say Aye. Opposed: Nay. The Ayes have it, and the rules are suspended. Senator Geo-Karis, to explain your resolution.

Mr. President and Ladies and Gentlemen of the Senate, last week one of the finest people who ever headed the Naval Service of the United States passed on: Admiral Jeremy Michael Boordar Chief of Naval Operations of the United States Navy. I had known Admiral Boorda personally. He had begun his Naval service as an Apprentice Seaman. He lied about his age. He was sixteen. Came in as a -- as a seventeen-year-older, but he was stxteen, and he attained the hlghest rank of the Navy when he became Chief of Naval Operations. He was my dinner partner at the National WAVES Conventlon in San Diego about four or five years ago, and he said to me, ''You know, I was a scamp when I Was a kid. I had to get my GED test, but the Navy made me realize how important ltfe is to serve othersm'' He was the first Chief of Naval Operations...

PRESIDING OFFICER: (SENATOR WATSON) Would you give the ladysomeateeneion,please? Wouldyou t mind giving the lady some attentlon? Thank you.

3 1 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 He was the first Chief of Naval Operations to come from the ranks without having graduated from the United States Naval Academy in Annapolis. He was a very carlng officerz who always did his best to provide the greatest safety possible for al1 Navy personnel. He was well respected and Well liked by the men and women in the Naval Service, as well as by other milttary personnel and -- and civilians. He did much to promote the dlgnlty and careers of both men and wcmen of a11 races, colors and creeds without prejudice. He left an indelible mark on al1 of us who had eikher net him or knew h1m and knew a1l the hard work that he did to bring to the Navy the respect and dignity it should have. He loved the U.S. Navy with a1l his heart and Was very proud of it. He had an outstanding record of accamplishment in Naval Service. In December, 1991, he became Commander-ln-chtef of the Allied Forces of Southern Europe and Commander-ln-chief of U .S. Xaval Forces Europe, London, England. Whereas, Admiral Boorda was in command a11 NATO Forces engaged in operations enforcing sancttons agalnst the warrin: factions in the former Republic of Yugoslavia, and on February 1993, whlle serving as Commander-ln-chief, he assumed duties as Commanderz Joint Task Force PROVIDE PROMISE, responsible for the supply of humanltarian relief to Bosnia-Herzegovina via air-land and air-drop nlssions and for troops contributing to the missions through the Balkans. His military awards include the Defense Dlstingulshed Service Medal; the Distinguished Servlce Medal, three awards; the. Legion of Merit, three awards; the Meritorious Service Medal, two awards; and a number of other personal and campaiqn awards. On Aprll 23, 1994, Admiral Boorda became the 25th Chlef of Naval Operatlons and was the head of the entire U.S. Navy . He leaves behlnd him his wife, Bettie Moran Boorda, and four children; two cf his sons and one daughter-in-law are Naval Officers. Havtng served as a Naval Officer myself, who attained her position 4  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 through being an Apprentice Seaman like Admiral Boorda, and having known Admlral Boorda, and havin: known hoW well respected and well liked he was by his troops, and how he really cared about the people in the servicer feel very, very sorry that he left us, because he Was one of the most outstanding men and military offlcers T had ever met in my entire life. And I say, Ladies and Gentlemen, this man Was an honorable person, and he loved the Navy so much he never wanted anything said about him that left any doubt. I'm happy to tell your today read in the Tribune, and invlte others to read Mike Royko's column about Admiral Boorda . And is wlth great sorrow and regret that we acknowledge his death, and we extend our slncere ccndolences to hts family and friends. And there will never be another Mike Boorda, no matter who his successor is, because this man knew what it was to be in the ranks, knew how to carey and knew how to do his best for this -- the people in his command.

PREXIDING OFFICER: (SENATOR WATSON) Senator Geo-xaris has moved the adoption of Senate Resoluelon 220. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Intention of the Chair to proceed to page 6 of today's Calendar. Seeretary's Deskz Concurrence, Senate Bills. Senator Hendon, for what purpose do you rise?

Thank you, Mr. President. On a point of inquiry of the Chair. Is the when will we be going, cr are We goin: to go today, to motions in wrikln: or motions to discharge committee? filed a motion on yesterday, and I just wanted to make sure that we have the opportunity to at least attempt to get the motion heard before we adjourn sometime this week.

PRESIDING OFFICER: (SENATOR WATSON) We will more than likely go to that order of business sonetime before we adjourn, Senator. m..begin at the top of page 6 with 5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 I senate Bill 21. senator Butler. out of the record. senate Bill ; 67. senator Klemm . Mr. secretary, please*read :he bill. .

z move to concur with the House in the adoption of their amendment, Amendment No. 1, to senate Bill 2l. Or, pardon ne, Amendment No. 1 to Senate Bill 67. J ! Filed by Senator Klemm. E PRESIDING OFFICER: (SENATOR WATSON) I Senator Rlemm.

! ehank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment Nc. l actually becomes the blll. It allows all township boards to pay up to fifty percent of the salary of the highway conmisstoner from the corporate road and bridge fund. Right ncw, ) ! this can only be done in townships with less than five -- or, five ! million in EAV. However, the salary of the highway commissioner l has to be set by the town board. It has to be approved by the ! highway commissioner and the board. Thls would make a11 the townships on an equal footing. I do ask for your support.

PRESIDING OFFICER: (SENATOR WATSON) Is there any diseussion? Any discussion? 1'11 remind ' the ! Membership thatthisisfinalaction The question 1s, shall the . / Senate concur in House Amendments -- No. 1 to Senate Bill 67. Those in favor, vote Aye. Opposedy vote No. The voting is open. ! Have all voted Who wish? Have a1l voted Who Wish? Have a1l voted I khowlsh? Taketherecord. Onthatquestionythereare56voting 1 Xes, no voting No, no voting Present. The Senate does concur in House Amendment No. 1 to Senate Bill 67, and the blllr having received ehe requlred constitutional majority, ts declared passed. . ! ) Senate Bill 350. Senator Klemm. Out of the record. Senate Bill ! I 690. Senator Weaver. Mr. Secretaryr please read the blll. !

! . 6 I q  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Leqislative Day May 21, 1996 I move to concur with the House in the adoption of thetr amendmentsr Amendments l and 3, to Senate Btll 690. Filed by Senator Weaver. I

PRESIDING OFFICER: (SENATOR WATSON) I Senator Weaver, Eo explain his motion. I SENATOR WEAVER: I Thank your Mr. President. This bill would create *he basis I for a two-tiered grant program for academic medical centers ! affiliated with teaahing hospitals in Illinois. The grants are ! subject to the appropriations made by the General Assembly in ! I these two newly created funds. The first grant would -- ! established by this bill, to be known as the medical researeh (and) development challenge program, and it would affect, in the 1 . 1 Chicago area, Loyola University Medical Center, Northwestern ' j Memorial Hospttal, Rush-presbyterian St. Luke's Medieal Center, I and the University of Illinois Medical Center, as well as the 1 University of Chicago. Also, in the -- second-tier program would ! fund post-tertiary clinical service programs in downstate Illinois I through the University of Illincis School of Medicine in ! Springfield and Rockford, also Southern Illinois Universlty I Medical School here in Springfield. If there's any 'questions, I 1111 be happy to try to answer them. I PRESIDING OPFICER: (SENATOR WATSON) ! Any discussion? Senator del Valle. 1 SENATOR dEL VALLE: Thank you, Mr. President. Senator Weaverz in canmittee the I question Was asked, hoW are we going to pay for this now, and ' I also, how are we going to pay for it over the year, because it's I been indicated that the plan - and I emphasize the plan - is to put five millëon dollars in the budget this year and to increase I that amount over the years. This program could grow as much as I fifty million dollars, frcm what I've been told . We're all for ! 7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 ; I research, and certainly these are a11 fine tnstitutions that Will I be receiving this money, but I think it is important to note that, I I whlle we're lookin: at a budget that may cut services, Medicaid f services, on top of cuts khat were made last year in areas like I I adult dental care and -- and other essentlal care for -- for the 1 indëgent population, we are looking at a tight budget, and yet I here we are establishing a new program that will undoubtedly grow. 1 ! Now, I understand that the ratlonale is thatz in order to capture I federal matching dollars, we have to put in some State dollars. I But I wonder, given that this bill just came to us - it's one of f I these end-of-sessian surprises; it just came to us c I wonder Why we didn't take more tlme to look at possibie sources of funding j for this bill, maybe even taking part of the hcspital assessment I ! tax, and maybe rather than cutting it in half, maybe we could cut I it a little less so that *e could take some of those dollars to I fund ehis research that Will certainly benerit the services and I the programs that these haspikals provide. And soê I -- while I I I know that there will be a 1oE of votes on this bill, I thlnk it's l important, again, for the Members to understand that wedre I ' starting a new program here, and we re qo ing to do it with -- with 1 scarce dollars, and we really have not taken the tiie to look at whae the options are. I'd be glad to support this programy but I I wish the funding Was comlng from another source, other than GRF. I I PRESIDING OFPICER: (SENATOR WATSON) I Senator Petka. Senator Petka, do you Wish to -- Senator f Petka, do you wish to speak on ehis bill? I / . SENATOR PETKA: I Thank youz Mr. President. Would we move the previous I I question, please? Thank you. PRESIDING OFPICER: (SENATOR WATSON) I The previous hquestlon has been moved. The speakers are I I Rauschenberger, O'Malley, Hawkinson, Lauzenr Palmer and Demuzio . I 8 1 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Leglslative Day May 2lz 1996 ! Senator Palmer. SENATOR PALMER; Thank you, Mr. President. A question of the sponsor.

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates heWillyield,SenatorPalmer. 1

Senator Weaver, I'm certainly very much in favor of research and development and certainly in matching funds, but 1, tooz am very concerned abeut where the dollars Will come from: and as I look at a sheet that I received describing this proqram, it seems that the research is going into very highly spe.cialtzed areas of medical research and that -- at a time When it would seem to me we would be very coneerned about general practice, as opposed to such highly specëalized proçrams. Could you just comment on this, and perhaps be a little more specific about what you see as the next, say, five years' funding for this proqram?

PRESIDING OFFICER: (SENATOR WATSON) SenatorWeaver. 1 SENATOR WEAVER: ' Senator Palmer, I think that we have great potential in our teaching hospitals and research hospitals throu'ghout Illinois to ' provideservicesthakarenowbeingprovidedbyotherstates,such j as Mayo's, the Cleveland Clinic, and on and on. This group has been working for a long time, trying to eome up w1th a program that Will serve the people of Illinois in these specialties. And I -- I would hope that, as our revenues increase, we could put more money into research -- medical researcb ln -- in the great instltutions that we do have. It's certainly going to be up to the General Assembly to provide the funds, and there are matching federal funds. And I think maybe Senator Rauschenberger could I speak to some of those sources: the National Instltute of Health, foundations, grants frcm foundaeions. So this is an attempt by 9 I  STATE OF JLLJNOJS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 1996 cooperative agreements between the institutions to work together to -- to try to single in on certain aspects of medical research and treatment. And that's the purpose of this amendment.

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

Thank you, Mr. President. Question for the sponsor.

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indtcates he'll yield, Senator Lauzen.

Senator Weaver, is it your intention uqder Rouse Amendment No. 3 to Senate Bill 690, which becomes the bill and establishes State funds for medical research programs, that any of those funds will be for human fetal tissue experlmentation and/or transplantaeion from aborted fetuses?

PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver. Senator Weaver, proceed.

I know of no such plan.

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

Thank youy Mr. President. Would the sponsor yleld for a questicn?

PRESIDTNG OFFTCER: (SENATOR WATSON) Sponsor indicates he will yield, Senator O'Mall9y.

Yes. Senator Weaver, my understanding that ycu and the House sponsors of this legislation have agreed language prohibiting hospitals qualifyin: under this program from using that qualificatton as a marketing advantage over other hospttals. It is my further understanding that -- that -- that the House 10  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21e 1996 sponsors are committed to this language. So my question is: are you comoltted to passage of language that would prohibit that type : of actlvity, and I understand there's trailer legislation, and would you support it as it moves tbrough the Legislature this week, if itfs moving this week?

PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver.

Well, I think there will be a trailer bill to clarify some of these issues. There are several points that probably Will need clarification in the future to give direction to these variaus teaching hospâtalsr research hcspitalsw to concentrate in certain a reas .

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

Thankyou:Mr.President. Ijustwanttorisein support of 1 this legislation, and thank Senator Weaver, and congratulate him on bringing this to us. I would also note that our analysis - and just seek confirmation - that the University of Illinois School of Medicine at Peorta will also be participating in this program.

PRESIDTNG OFFICER: (SENATOR WATSON) Fureher discussion? Senator Demuzio. Senator Demuzio. i

Yes. I -- I don't want to be redundantr but I think Senator ! Weaver has already indicated to *heMembers that therewas,ân . ) fact, a -- a slight glitch in this bill to Ehe extent that Southern Illinois University had some problems, as did some of the - - the hospitals and their affiliates, and that trailer bill 1 ! Wouldr in factr clear up that language. So based upon the -- the I representation that you have made, as a -- a tratler bill coming, I ! I am prepared to support it today . Thank you. I I 11 ' . I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996

PRESIDING OFFICER: (SENATOR WATSON) Thank you. We'd certalnly like to welcome the Selmaville Rockets to *he Illinois Senate. I notice that you're leaving. Glad to have you here. Further discussion? Senator Rauschenberger.

Thank you, Ar. President, Ladies and Gentlemen of the Senate. I wanted to rise in support of this legislation and -- and gtve people a little bik of a perspective on thls. Three years ago the Medicaid system, we had four hundred million dollars' worth of adjustment payments that went to hpspitals. A significant portion of those adjustmene payments dealt with direct and indirect medical education. It was a mechantsm by which hospitals could claim extra federal and State reimbursement to help offset the costs of both research and medical education at our teachin: institutions. In an effort to reforn the process and help control the costs in medlcine, we have eliminated mang of these programs, and what we said to the provlders is, ''Come back to us With merit-driven programs, with programs where there's some klnd of outside criterion that justifies excepttonal investment in Illlnois institutions.'' This program Was developed by the providers that are interested in it, along those lines. IE has a merit-drlven trigger. It's -- the trigger is -- is driven by the National Institute of Health's research grants. So hospitals that don't do sisnificant or a 1ot of research don't qualify, so that We can concentrate the effort. It's an cpen program. As other hospitals get more involved in researchy they would be allowed to particlpate. This is a merlt-driven program and an effort to reward hospitals for doin: the right thingr not for inflatin: their costs or not because they can run a billing department. You know, in an effort to -- to put the General Assembly back in charge of medical policy, I think this is the right klnd of bill. 12  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 Most of these hospitals are not in Republican districts; they're in Democratlc districts. They represent some of the premier hospitals in khe State of Illinois. I think this is a very good bill, and it's a very good start. It's the Legislature, once again: exerting itself as a policy maker in what We want to have happen in health care policy. The money to fund this come directly from much of the savings that wedve had in the Medicare Medlcaid program through changes in ménaged care and through hospital utilization savings, as hospitals embrace the new medical regimes and reduce the -- the length of stays and other procedural costs that theyfve built up ovqr the years. applaud Senator Weaver for bringtng the bill. I'd ask everybody to reflect a minute on the idea of using merit as a criterlon. And this is a federally matchable program. It 's -- it's a very small beginning at looking at replacing some of those -- those addltional funding sources that used to be available to our teaching hospitals #nd our research hospitals: and I Would suggest that this is a good start. We 'l1 be able to look at it annually, and I Would request a favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) The previous question havin'g been movedr we have eoncluded with our speakers. Senator Weaver: to close.

I hope that we w1ll look favorably upon this amendment, and looking forward to clarifications in implementation in the futuver I'd certainly be open to any suggestlons that any Member had. But I would appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) This is final actlon, and the -- the question is, shall the Senate concur in House Amendments and 3 to Senate Bill 690. Those in favor, vote Aye. Opposed, vote No . The voting is open. Have a1l voted who wish? Have al1 voted who wlsh? Have al1 voted  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2ly 1996 who wish? Take the record. On that question, there are 50 voting Yes, 1 voting Nay, 3 voting Present. The Senate does concur ln Hause Amendments l and 3 to Senate Bill 690: and having received the requlred constitutional majority, is declared passed. Senator Burzynski, for What purpose do you rise? SENATOR BURZYNSKI: Thank you, Mr. President. Point of personal privilege. PRESIDING OFPICER: (SENATOR WATSON) Please state your point, Senator Burzynski. SENATOR BURZYNSKI: Thank you. I'n very pleased to indicate that we have some special guests with us today from Sycamorey Illinoisr in the DeKalb County area. We have students, teachers, chaperonesy parents from the Cornerstone Christian School, in the gallery on the north side of the Chambers. I'd ltke for then to stand to be recognized. PRESIDINGOFFICER: (SENATORWATSON) ( Will our guests in the gallery please rise? And welcome to Springfleld and the Illinois Senate. Continuing ondown page6 to J Senate Bill 946. Mr. Secretary, please read the motion. SECRETARY HARRY: I move to coneur with the House in the adopticn of thelr I amendment, Amendment No. 1, to Senate Bill 946. Filed by Senator Dillard. l I PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard. SENATOR DILLARD: I Thank you, Mr. President and Ladies and Gentlemen of the Senate. I do move to concur in House Amendment No . l to Senate ! Bill 946. Senate B1l1 946 left this Chamber with a vote of 57 to . nothing, and House Amendment No. l tightens up the legislation a little bit, to make ie very clear that a field trtp which Will be 14  STATE OF ILLtNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 reimbursed by the State of Illinois must be educational in nature, and it's a good amendment. It tightens it up considerably, the bill, and T would be happy to answer any queselons and would appreciate a favorable roll call. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing not, the question is, shall the Senate concur in House Amendment No. l to Senate Bll1 946. Those in favor, vote Aye. Opposed, vote No. The votlng ls open. Have a1l voted Who wish? Have all voted kho Wish? Have al1 voted who wish? Take the record. On that questionr there are 57 voting Yes, no voting No, no yoting Present. The Senate does concur in House Amendment No. to -- to Senate Bill 946, and the bill, having received the required ccnstitutional majority, is declared passed. Senator Philip, on Senate Bill 1380. With leave of the Body, we'd like to go back to that order of business. Senate Bill 1424. Senator Madigan. Out of the record. Senate Bill 1467. Senator Donahue? Senator Donahue on the Floor? Out of thé record. Senate Bill 1490. Senator Lauzen? Senate Bill 1490. Mr. Seeretary, please read the motion. We are doing Senate Bill 1490. With keave, we will qo back to Senate Bill 1424: and Senator Fitzgerald uould be the sponsor, but we are now doin: Senate B1l1 1490. Senator Lauzen.

I move to concur with the House the adcption of their Amendments l and 4 to Sena*e Bill 1490. Filed by Senator Lauzen.

PRESIDTNG OFFICER: (SENATOR WATSON) Senator Lauzen.

Thank you, Mr. Presldent. Senate Bill 1490, as amended, provides that an employer or agent who provtdes truthful informatlon concerning the employment record of an employee or  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109bh Legislative Day May 21r 1996 former employee to a third person in response to a request is not liable to the employer (sic) or former employee in a clvil action. since an employer is becomins increasingly responsible for not I only the livelihood of the famity, an employee, the safety -- and i the safety of the workplacey an employer needs to be able to I obtain reliable job-related information. A fear of What can happen when you provlde truthful information on a job reference has 1ed to silence. Silence leads to failure in employment situattons and even, in some cases, danger. Be happy to answer any questlans. PRESIDING OFFICER :. (SENATOR WATSON) ! 'Discussion? Senator Garcia. ' j I SENATOR GARCIA: ' Thank your Mr. President. Would the sponsor yield for a question? PRESIDING OFFICER: (SENATOR WATSON) E ' j , ' i Sponsor indlcates he 11 yieldy Senator Garcia.

Senator Lauzenr can you tell us what the definition of ''truthful information'' is per this bill? PRESIDING OFFICER/ (SENATOR WATSON) : . j Senator Lauzen. Senatcr Lauzen. j

Thank you. The -- the bill says: in Section 10y that Providing truthful written or verbal informatlon, or information tha: ik believes in good falth is truthful. i !

PRESIDING OFFICER: (SENATOR WATSON) Senator Garcia. SENATOR GARCIA : : E Does that mean that anythlng that an employer believes or k wants to believe about an employee or a former employee thenr per ! this bill, becomes the truth? 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SSNATE TRANSCRIPT 109th Legislative Day May 2lr 1996 i

PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.

No . For the immunity to attach the reference must be, agaln, the eruthful information, information that the employer believes ls ln good faith truthful: and it is information an employer receives in a normal course of business about an employee's job, and lt's restricted to only job performance.

PRESIDING OFFICER: (SENATOR WATSON) Senator Garcia .

So whatever an employer believes, in factz to be the truth, Whether that be an opënioa about the employer lstcl, irregardless of the work record that may be ln an employee's filer how E co-employees percelve or believe to be this person to be, the final word, an opinion of the employery is thq truth. Is that correct?

PRESIDING OFFICER: (SENATOR WATSON) @ senator Lauzen. i i

No. I d'on't believe that that's the case, becauser ln the end, the employee would still have the right, under several ! situations, to file an action, and I believe that the final word j would be a jury and a judge.

PRESIDING OFFICER: (SENATOR WATSON) Senator Garcla.

i One last question: What affects job performance? For example, a family illness cr crisis that arises at a certain point 1 ln time, could that be a basis for *he employer to form an cpinion and, therefore, to speak the truth about an employee?

PRESIDING OFFICER: (SENATOR WATSON) ' j 17 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2ly 1996 Senator Lauzen.

I belteve that the -- the situation -- a practical situation - - to give an illustration in answering that question, there Was an article in the Wednesday' May 15th, Chicago Tribune. I believe that it would need to be a pattern. Any of the people in this Body and the people who we serve who have experience in hiring, training and managtn: emplcyees knows how hard it is. So it's not to hire, train and manage an employee. So we'd not want to -- you know, it's not a situation where someone's trying to find something wrong, because people are trying to run a business. But it's the circumstance which was recounted on the front page of the Chicago Tribune May 15th, where it says that a fellow named Bill Gasser had a scary day at work not long ago. The president of a small manufacturing company in Arlington Heights, he had gone to break up a fight between two employees whep one hurled a hammer at him, nisslng him by inches. Gasser immediately called the man's prevlous employer and asked, ''Why in the World didn't you tell me about this guyr ' And he already knew the answer. The previous boss conftded that he had been afraid of being sued by the former employee.'The worker had been violent at his previous job. So what we're looking at is where there's cases that can be as serious as threatening the -- being a danger to fellow employees.

PRESIDING OFFICER: (SENATOR WATSON) Senator Garcla.

Thank you, Mr. President. Well, Senator Lauzen, while believe that your motivations are good and that you certainly want to addrgss a situation where employers can be more fortheoming with information, I think that thts bill goes too far tn attempting to insulate employers from potential liability regarding employee references, and I believe that this bill is not  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislatlve Dag May 1996 a codification of case law; that it goes too far; that it says employers are immune from civil liability for providing, quote, ''information that it believes in good faith'' to be truthful. By allowing virtually absolute protection for statements belleved to be -- to be true, thts bill opens the possibility of employers giving references that contatn erroneous infornation about employees, rumors abcut employeesy innuendos, and outrageously subjective seatements about workers. I beliele that workers should be protected from such references that might be erroneous or outrageous. Employers already have protection frcm lawsuits and truth is always an absolute defense. This bill goes toc far, and that's why working men and women throughout the State are opposed to as well as -- as the State AFL-CIO, and I urge a Nc vote.

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

Thank your Mr. President. I move the prevlous question.

PRESIDING OFFICER: (SENATOR WATSON) Previous question has been moved. We have Senators Barkhausen, Palmer, Cullerton and Hendon. And the next speaker is Senator Cullerton.

Thank you, Mr. President, Members of the Senate. Senator Lauzen, in the Wall Street Jcurnal Tuesday, May 7th - perhaps you read it - there is a story abcut personnel records, whlch -- I found to be very interesting . There's a professor at the University of Illinoisz David Linowes, L-I-N-O-W-E-S; he's a Professor of Political Egonomy and Public Policy at our University. He just did a study on workplace privacyy and he says that many companies - big companies - are very willing to release sensitive information about their workers. Creditors, courts, and 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Leglslative Day May 2ly 1996 ! even the federal government, are among those that sometimes request personnel data. He did a study and he looked at I eiqhty-four Fortune 500 companies. Two-thirds of them routinely disclosed employee information to creditors, but refuse, Senator, refuse to let employees to see thelr own files. Nowy the data collected may include medical and financial records, reports from private investigators, and even rumors. And because of the sophisticated technology that -- that we have now, personnel files are kept for much longer periods and distributed much more freely. So the status right now ls that in the major Fortune 500 cpmpanies, creditors call, the government calls, wants to get information. They give out information with -- that -- to third parties that they don 't even give to the employee. In that light, we look at the current law. The current law, I take it, says that if -- if mistnformation is given out by an employer, that -- then there could be a lawsuit, and I -- I take it that that's what you're trying to address here. You're trying to concern yourself with the problen of frivolous lawsults. Now, the problem, it seems to me, that the way in which you've addressed that concern, in light of the fact that these big companies are giving out this sinsitive information, is that you've changed the standard now, and here's where your problem is with the bill: ''information that it believes in good faith is truthful''. That's a very broad standard. In other words, even if it's not truez as long as you believed it to be true - and it could be wrong; it could be misinformatlon - now lf you give Eha: out, there's no cause of ! i actlon. And as a resultz with that change in the standard; the ; message that we're sending to those bi: employers who are giving out this sensitive information now, is that it doesn't even make any difference. You don't even have to check to see if itis right. As long as it's in the file, you know: it could be a . rumor, but it's true, a true rumor. And so I think that that's 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2lr 1996 what's Wrong with the bill. I think if you Want to address the specific lssue of frivolous lawsuits, if -- if there are some, or in the case of the example you gave of someone who's afraid to disclose information to the next employer 'cause he's afraid of being sued, even thouçh since truth is a defense he wouldn't be successfuly maybe we could seren:then the -- the methods by which frivolous lawsuits are punished, you know, the the sanctions that people can have imposed on them by filing the frivolous lawsuits. But to go this far and to change the standard, thlnk is going too far. And so I would hope that this particular concurrence motion doesn't pass. If it doesnst, ask for a conference committee, and let's see if we can address it. I know ycu've been attemptin: during the course of thls Session to work out agreements with labor. I know that the agreed-bill process is - - is difficult. You know, when you control all the -- both Chambers and the Governor, it': kind of hard to self-impose on yourself this agreed-bill process, but I think in this particular case, if we were to defeat this motion, then sit down with them, and you can work something out. So for that reasonz I would ask people to vote No on this motion, and then Work this out in a conference committee.

PRESIDING OFFICER: (SENATOR WATSON) Further discusslon? Senator Barkhausen.

Thank youz Mr. President. just have a couple of questions for the sponsorz to clarlfy legislative lntent.

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates hedll yield, Senator Barkhausen.

Senator Lauzen, is it true that the -- the reference-checking provlsions in thts bill are really a codification of exlsting case 1aw in Illinois?  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 I

PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.

Yes.

PRESIDING OFFICER: (SENATOR WATSON) Senator Barkhausen.

And what about the presumption-of-good-fa1th language? Does this go beyond case law?

PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.

No, it daes -- no, it does not. Several decisions in Illinois have established that the employer is protected when it provides information it believes in good faith is the truth, and thls also addresses the previous queptioner's statement. The most recent Illinois Supreme Court case on ihe issue of defamation and employer references is Krasinski versus United Parcel Services 530 NE2d 486 (Illlnois 1988) (sic) (124I1l.2d 483). In Kraslnski, the Supreme Court noted that a defamation claim arising from an employer/employee relatlonship may be subject to a qualified privilege. That's in 471. The Ccurt noted that to overcome such privilege, the plaintiff must prove that the statements were made with actual malice. The context of a past employer giving reference information to a new employer has been found subject to conditional privileqe in many Illinois cases. Among these are Anderson versus Vanden Dorpel 645 NE2d 250,258; Quinn versus Jewel Food Stores, Incorporated; and Miller versus Danville Elks Club -- Elks Lodge 332BPOE.

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

22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 / i Thank you, Mr. President. Just to the bill: I just Wanted to say to my good frlend, Senator Lauzen, probably nine out of ten of the bills that he has ever sponsored in thls Body I have : I supported. And I know thls time that you are very slncere about I what you are attempting to do, but I -- I just want to tell you by personal experience how -- how this could work. I had a job once : at a company and I reported directly to the vice presldent. We i were in -- in insurance with --- lf a person lost their car, We had to replace the vehicle with a like klnd and quality or the same type of vehicle. Well: I had twenty clients, and the vice i president had a brotheq-in-law who was in the automoblle buslness, and he pressured me every day to steer business to his brother-in-law. I -- even though I was the top salesman, because of the fact that I would not yield to what he wanted me to dor ! ' Which was neglect my other nineteen clientsy he got me fired. He went to the president and sald a1l kinds of things about me that simply were not true. I lost the job. A year or so later he got ; fired when the president of the company found out, almost two years later, that what T was saylng was true, and that he dld it . tc the next representative who was -- took ny place, and when .that I i person went onto a different department and another person came in, he did it to them as well. That is the danger here. Often -- not often, but there's some times when some employers will not tell the truth about an employee. I also know of a situation of a i I young lady who was 1et go of her -- at her job after she filed a sexual discrimination lawsult. And everywhere she would go# her I previous employer would give her a troublemaker tag, as far as When -- when the person that she was applying to called them about her work habits and a11 that. She was not a troublemaker. She I was being sexually harassedy and she was tired of it. So I just ' - - I'm going to vote No this time, my friend, on -- on your bill - probably the first time I've done itê maybe the second time since : ! 23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Jaegislative Day May 21, 1996 I I've been here ln three years - because we really do need to take 1 a look at this oney because it does have room for abuse. Thank you, Mr. President. PRESIDING OFFICER: (SENATOR WATSON) No further discussion. Senator Lauzen, to close. SENATOR LAUZEN: Thank you very much. Xou know, I, naturally, appreciate the concerns that have been expressed . I1m especially sensitive to thê circumstances that the previous speaker had addressed. And the questlon that we would ask ourselfg you know: Are there hateful and revengeful people in thts world? Yes, .there are . I hope that it's a signifkcant percentage less than one percent, but right now we're creating the public policy arcund that one percent and dalnagin: the ninety-nine percent. Illegal and violent people in the workplace; sexual harassment. There are still three ways that an employee can st111 attack an employer if it's been ' untruthful job reference. Tbey can claim, number oney that it's a 1ier that it wasn't truthful. Number twoy they 're sti11 responsible for good faith, that they either knew or should have known - basically, the malice attack. It may be rebutted by knowingly wrong or a violation of civil rights. So 'what we're trying to accomplish here is a free exchange of truthful information, and that certainly is gcod public policy. Finallyy lf we Were breaking new ground on thisr I would say, Welly we should really maybe be a bit slower on moving. But just this year Idaho, Michigan, Ohio, South Dakota, Wyoming have joined the list of states that protect the employers on giving honest job I references. Arlzonar Georgiaz Maryland join us in considering this legislation currently. And last year Kansas, Indiana, 5 Louisiana, Malne and Oregon passed the same legtslation inta law , ; and they joined Alaska, who already had a similar law. This is not new ground. Ie's important. What we're trying to do is get :; i 24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 i the free exehange of truthful informatlon. I'd appreciate Aye votes.

PRESIDING OFFICER: (SENATOR WATSON) This is flnal action, and the questlon is, shall the Senate concur in House Amendments l and 4 to Senate Bill 1490. Those ln favor, vote Aye. Opposedy vote No. The voting is open. Have a11 voted who Wish? Have a1l voted Who wish? Have al1 voted who Wish? Have a1l voted who wish? Take tbe record. On that questlon, there are 29 voting Yes, 27 voting No, no vcting Present. The motion fails. Senator Lauzen.

May I put this on Postponed Consideration?

PRESIDING OFFICER: (SENATOR WATSON) The motion fails, and the Chair would now entertain a motion l to non-concur: and Senator Lauzen, do you wlsh to make that motion? ! SENATOR LAUZEN: . 1 Yes.

PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen, on the -- moves to non-concur in Hause Amendments l and 4 to Senate Bill 1490. A11 those in favor, say I Aye. Opposed: Nay. The Ayes have it, and the motton carrtes, and i theSecretaryshallsoinformtheHouse. SenatorDemuzio. g SENATOR DEMUZIO: E I just have a parliamentary inquiry.

PRESIDING OFFICER: (SENATOR WATSON) State your inquiry, Senator Demuzio. .

The -- the motion failed, and Senator Lauzen, instead of j puttin: the motion on Postponed Consideration, he 1et it fail and . then he moved to non-concur, so then now it goes back to the House. It's no longer before us. Is that right? i i 25 @ 1 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996

PRESIDING OFFICER: (SENATOR WATSON) That's eorrect, Senator. Senator Demuzio.

Is it Withtn the rules to allow for a matter ta be postpoaed khen you're on concurrence?

PRESIDING OFFICER: (SENATOR WATSON) We'll take that concern under advisement, Senator Demuzio. And, Senator Claybcrne, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR WATSON) Yes. Please state your point.

First of all, would llke for my mother to stand and have *he Senate to recognlze my mother, as well as the school that she teaches -- Where she's a teacher, Nelson Mandella, that's in the gallery behind me, along with her Principal, Mr. Scott Randolph. Would the Senate please recognize them?

PRESIDING OPFICER: (SENATOR WATSON) Well, we certainly welcome you to the -- to the Illinois Senate. And Would our guests in the gallery please rise? Leave of the Body having been givenr we are now going to return back to Senate Bill 1424. On the middle of page 7, Senate Bilt :424. Senator Fitzgerald . Madam Secretary, please read the motion.

I move to concur With the House the adoption of thelr Amendment No. to Senate Bill 1424. Offered by Senator Madigan.

PRESIDING OFPICER: (SENATOR WATSON) Senator Pitzgerald, for the ailing Senator Madlgan. SENATOR FTTZGERALD) 26  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2lr 1996 Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. This is a motion to concur in House Amendment No. l to Senate Bill 1424. House Amendment No. 1 provides that, in all cases of cancellation for nonpayment of an insurance policyr notice must be mailed ten days prior to cancellation. Additionally, House Amendment No. l amends the Vehicle Code in relation to, quote, ''flood vehtclestv unquote. A flocd vehicle shall be considered salvage if it has sustained dama:es Which, if repairedr would cost greater than one thlrd the fair market value of the vehicle without the damage. This was a proposal by the Secretary cf State, George Ryan's Office. And I'd be happy to answer any questians. .

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

Thank yqu, Mr. President. I rise in support of Senate Bill 1424. The House made a change. Wefre addressing it in a different bill, and everything that's here appears to be meritorious and I would urge a Yes vote.

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

Thank you, Mr. President. Noy I -- I Wanted to make an announcement. And -- do you want me to wait?

PRESIDING OFFICER: (SENATOR WATSON) 1 Xeah. Can we finish with *he -- Senator Welch. j

I I I have a question of the sponsor. J :

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates hedll yield, Senator Weleh. SENATOR WELCH: . Senator, I had trouble hearihg ycu, but I heard you mentlon 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 Secretary of State George Ryan's name. Ts fhere a fee increase in this bill?

PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald .

Senator Welch, you knok better than that. You know that I don't support fe: increases. There's none in the bill.

PRESIDING OFFICER: (SENATOR WATSON) This is final action, and the question is, shall the Senate concur in House Amendments No . 1 to Senate Bill 1424. A11 those in favocr vote Aye. Opposedw vote No. The voting open. Have a1l voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 57 vottng Yes, no votin: No, no voting Present. Senate Bll1 1424 -- or, the Senate does concur in House Amendments No. 1 to Senate Bill 1424, and the bill: having received the required constltutional majority, declared passed. Senator Woodyard, for what purpose do you rise?

Thank youz Mr. President, Members of the Senate. As have announced the past few days, I would like the record to show that Senator Bob Madlgan is absent today due to lllness.

PRESIDING OFFICER: (SENATOR WATSON) Thank you, Senator Woodyard. Senator Burzynskl, for what purpose do you rise?

Thank you, Mr. President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR WATSON) Would you please state your pcint?

Yes. Mr. President, I don't kncw how many students you have here today, but my understanding is you have some additional 28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 1996 students from Selmavlllez home of the Selmaville Rocketsr in the gallery on the Democratic side in the north quarter. So I'd like to have them stand to be recognized. These are students from Senator Watson's district.

PRESIDING OFFICER: (SENATOR WATSON) Wellr thank you, Senator Burzynski. And our group from Selmaville, would you please rise? And welcome to the Illinois Senate. We are now at the bottom of page 7. Senate Bill 1467. Senator Donahue . Madam Secretary, please read the moticn.

f move to concur With the Hcuse in khe adopeion of their Amendments and to Senate Bill 1467. Offered by Senator Donahue.

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

Thank -- thank you very muchr Mr. President. Would move that we concur in House Amendments No. and 2 to Senate Bill 1467. The first amendment deals with -- has the language in Senate Bill 1877, which imposes -- says the court can impose community -- service on parents and their minor children who have violated a curfew Statute. And the second amendment deals with the original piece of -- original bill, and that excepts llcensed attorneys from provisions of the original bill if they file a document which clouds a tltle in good faith. They're both good amendments, and I would simply move tha: we concur. Happy to answer any questions.

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

I have a question of the sponsor.

PRESIDING OFFICER: (SENATOR WATSON) 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislatlve Day May 21r 1996 ! Sponsorindlcatesshe'll yield,SenatorWelch. j ! SEXATOR wELcH: 1 ! Senator, you said that -- part of the bill says that a parent ! may be ordered to do public service if their minor child is out I . past curfew? Is that -- is that in the bill? Did I hear you ! I COrfPCU1y? 1 I PRESIDING OFFICER: (SENATOR WATSON) ' J Senator Donahue. ! SENATOR DONAHUE: I Yes, it is. That was in Senate B1l1 1877, which has already I passed this Body by a majority -- major majority. I don't have ! the vote, but I don tt think there were any No votes. 4 PRESIDING OFPICER: (SENATOR WATSON) I Senator -- Senator Welch . l SENATOR WELCH : ! HoW would that work in a situation uhere one parent has ' custody and the child is out after curfeW, and is -- is picked up? ! I Which one has to do the public service if thereIS a dispute as to Who was in charge fcr that weekend? I I PRESIDING OFFICER: (SENATOR WATSON) I . I Senator Donahue. ' I SENATOR DONAHUE) : i Technically, they both could be, but it Would be probably the one that had custody. ) PRESIDING OFPICER: (SENATOR WATSON) E Further dlscussion? Senakor Donahue, do you wish to close? This is final action. The question 1s, shall the Senate concur in House Amendments l and 2 to Senate Bili 1467. Those ln favorr i I vote Aye. Opposed, vote No. The votlng is open. Have a11 voted ' who wish? Have all voted Whc kish? Have a11 voted who wlsh? j ! Take the record. On that question, there are 56 voting Yesz no voting No, no voting Present. The Senate does Joncur in House f I I 30 i I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 109th Leglslative Day May 21, 1996 Amendments 1 and 2 ko Senate Bill 1467, and the bill, having I received the required constitutional majority, is declared passed. We are now on page 8. Senate Bill 1527. Senator Barkhausen. Senator Barkhausen, are you on the Floor? With leave of the Bodyr We'd like to eome backto thatbill. We'llmove on to SenateBt1l f 1546. Senator Lauzen? Madam Secretary, please read the motion. i ACTING SECRETARY HAWKER: , T move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1546. f I ; Offered by Senator Lauzen. PRESIDING OFFICER: (SENATOR WATSON) . ! Senator Lauzen, on a motion. Senator Lauzen asks us to return / to that order of bustness. Madam Secretary, wculd you please read 1 the motion in regard to Senate Bl1l 1604? Senator Petka. I I

I I Nove LO Concur With bhe House in the adoption OC their I Amendment No. 1 to Senate Bill 1604. ' I Offered by Senator Petka. I PRESIDING OFFICER: (SENATOR WATSON) I ! Senator Petka, on your motion, sir. Senate B k1l 1604, on a motion to concur. '

Thank you,Mr.President,Members of the Senate. My motion to / concur with the amendment to Senate Bill 1604 -- the amendment that was added primarily narrows the provision that where medieal or hospital expenses are lncurred for an arresteer arrestlng authorities, including counties, should be entitled to / ' reimbursement from *he arrestee's medieal costs only to the extent ' thatsuch funds areavailable. That is the prc' posed amendment. j I'm -- z'm not aware or... J

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? This is final I 31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2ly 1996 I I action: and the question is, shall the Senate concur in House l Amendment No. l to Senate Btll 1604. Those in favor, vote Aye. 1 Opposed, vote No . The votins is open. Have all voted who uish? I l Have a1l voted who wish? Have all voted who wish? Take the I record. On that quegtion, there are 53 votin: Yes: no vcting No, I f 2 voting Present. The Senate does concur in House Amendment No. l I to 1604, and the bill, having received the required constitutional ! majority, is declared passed. We have leave of the Body to go I . 1 back to Senate Bill 1546. Senator Lauzen. Madam Secretary r I please read his motion. I ACTING SECRETARY HAWKER: ! I I move ko coneur .with the House in the adoption of their I Amendment No. 1 ta Senate Bill 1546/ ! Offered by Senator Lauzen. ! PRESIDING OFFICER: (SENATOR WATSON) l ! Senator Lauzen. ' j SENATOR LAUZEN: ! Thank you, Mr. President. Amendment No. 1 to Senate Bill 1546 I amends the Properey Tax Code to expand the definition of ''historic 1 I buildings'' to include buildings owned and operated as 1 . cooperatives. ' 2 PRESIDING OFFICER: (SENATOR WATSON) I Is there any discussion? Any discussion? Sgeing none, this is final action. The question ls, shall the Senate concur in House Amendment No. l to Senate Bill 1546. Those in favor, vote I Aye. The opposed, vote No. And the votinq ls open. Have all l voted who wish? Have a1l voted who wish? Have a11 voted who vish? Take the record. On that question, there are 56 voting p Yes, no vottng No, no voting Present. The Senate does concur ln 1 1 House Amendment No. l to Senate Bill 1546, and the bill, having f recetved the required constitutional majority, is declared passed. I Down at the bottom cf page 8. Senator Mahar? Madam Seeretary, I 2 32 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislatlve Day May 21, 1996 please read the motion.

I move to concur with the House in the adoptlon of their Anendment No. l to Senate Bill 1673. Offered by Senator Mahar.

PRESIDING OFFJCER: (SENATOR WATSON) Senator Mahar.

Thank you, Mr. President and Members. This amends the Metropolitan Water -- Water Reelamation Distrlct Act to enlarqe the district to include portions o.f -- a portion of property in the Village of Matteson, as well as the Village of Richton Park. The House added an additional porticn, also adjacent to the Village of Richton Park. I know of no opposition, and I uould move concu rrence .

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Anendments No . 1 to Senate Bill 1673. Those in favor shall vote Aye. Opposed, vote Nc. The voeing is open. Have a1l voted who wish? Save all voted who wisb? Have al1 voted who wish? Take the record. On ehat question, there are 55 vottnç Yes, no voting No' no voeing Present. The Senate does concur in House Amendment No. to Senate Bill 1673, and the bill, having received the required ccnstitutional majority, is declared passed. Madam Secretary, please read the motion in regard to Senate Btll 1684. Senator Fitzgerald.

move to non-concur witb the House in the adcption of their Amendment No . l to Senate Bill 1684. Offered by Senator Fitzgerald. PRESIDING OFFICERZ (SENATOR WATSON)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT l09bh Legislative Day May 2l, 1996 I Senator Pitzgerald. SENATOR FITZGERALD) Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a motion to non-concur with the House amendnent to Senate Bill 1684. My intent Would be to send this bill to a conference committee. They are ongoing negotiations between the Beer Distributors' Associatlon and the breweries with respect to thës bill, and we're hopeful that we will come to compromise language in a conferencecommittee. So Imove to non-coneur. j PRESIDING OFFICER: (SENATOR WATSON) I Is there any discussioq inregard to thatmotian? Ifnot: j Senator Fitzgerald noves to non-concur in House Amendment No.l to 1 f Senate Bill 1684. A1l those in favor, say Aye. Opposed, Nay. j The Ayes have it. The motion carries, and the Secretary shall so inform the House. Senator Petka,on 16917 Senator Petka on the ' 1 Ploor? With leave of the Body, we Will possibly ccme back to t.hat 1 order of business. Senate Bill 1766. Senator Philip. We also would like to have leave to come back to that order of business. We are now in the middle of page 9 with Senate Bizl 1912. Senator Walsh.. This is a non-concurrence mction: Senator Walsh. Out of the record. Senator Walsh, do you wish to proceed with Senate Bill 19127 Madam Seeretary, please read the motion. ACTING SECRETARY HAWKER: I move to non-concur with the Rouse in the adoptlon of their Amendments 1 and 3 to Senate Bill 1912. Offered by Senator Walsh. PRESIDING OFFICER: (SENATOR WATSON) SenatorWalsh J . 1 SENATOR WALSH: Thank you, Mr. President. I move that we non-eoncur on House . Amendments k and 3 to Senate Bill 1912, and I Would ask that a ( conference committee be formed. / ; 34 / 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996

PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh moves to nonconcur in House Amendnents l and 3 I ! I to Senate Bill 1912. All those in favorr say Aye. Opposedg Nay. J The Ayes have itr and the motion carries, and the Secretary shall I ! so inform the Rouse. It's the intention of the Chair noW to go 1 page 9, two-thirds of the way down there you'll see Secretary's ! I Desk, Non-concurrence, House Bills. There are eight btlls listed I there. The motlon would be to refuse to recede, and ke are asking . that -- if any Member who has a bill on that order of business I uould like to make that motion at this time. Is there any -- if ! there is, please turn youq light on. Senator DeAngells. 1 I SENATOR DeANGELIS: , Thank you, Mr. Presldent. I Rove that the Senate refuse to i I . reeede from House Amendment -- on House Bill 375, refuse to recede ! from Senate Amendments lr 2, 3 and 4. ! I PRESIDING OFFICER: (SENATOR WATSON) ' : j . .. secretary, would you please read the motion? 1 7

! I move to refuse to recede from Senate Amendments 1, 2, 3 and ! 4 ko House Bill 375: and request that a conference committee be f ! appninted . I Offered by Senator DeAngelis. ( 1 PRESIDING OFFICER: (SENATOR WATSON) ! : Senator DeAngells moves to -- that the Senate refuse to recede f from the adoption of Senate Amendments 2, 3 and 4 -- 1, 2, 3, and I 1 4 to House Bill 375: and that a conference colnmittee be appolneed. j A11 those in favcry say Aye. Opposed, Nay. The Ayes have it. 1 I Tbe motion carries, and the Secretary shall so inform the House. I Is there anyone else? Senator Barkhausen. ! ! SENATOR BARXHAUSEN: ! Thank you' Mr. President. I move that ue non-concur in House l Amendments -- this is with regard to senate Bill 1780, that We ! 35 !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2lr 1996 . I non-concur with House Anendments 1: 2. 3 and l0. It's on the 1 I Calendar under the Order of Concurrence. j PRESIDING OFFICER: (SENATOR WATSON) I J Senator Barkhausen, I'd like to take this out of the record if I I I -- if you so wish, and -- and the Chair Will exercise thae I prerogative and this bill is out of the record. Senator Lauzen, f ! for What purpose do you rise? I I SENATOR LAUZEN: ! ! Point of personal privilege. 1 PRESIDING OFFTCER: (SENATOR WATSON) ' ! Yes. Please statq your potnt. I

I would like to invite a11 of the Senators, on behalf of the E 1 Kane County Forest Preserve District, to come and visit the forest . preserve facilities to golf and/or watch Rane County Cougars play ! baseball on Wednesdayr August 21st. The reservatiop forms have ! been dellvered to your office. If I'm not mlstaken, today lunch I is being sponsored by the Kane County Forest Preserve, along with ' I Hollyvood Casino, and it's in the back hallkay. ' ! ! PRESIDING OFFICER: (SENATOR WATSONI And a1f Senator ' s 'are invited. Is that eorrect, Senator I j Lauzen? Senator Demuzioy for What purpose do you rise? ! I SENATOR DEMUZIO: J Wellz I -- I was hungry until he told me who a1l the sponsors ! I Werp. l PRESIDING OPFICER: (SENATOR WATSON) f 1 We previously had leave of the Body to go back tc Senate Bill I ! 1380: a motion to concur. We're on the middle of page 7. Madam 1 ! Secretary, please read the motion. Senate 3ill 1380. Senator I Philip. I 1 ACTING SECRETARY HAWKER : 4 I move to concur with the House in the adoption of their ! 36 I !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislakive Day May 21: 1996 Amendment No. 3 to Senate Bill 1380. I Offered by Senator Philip.

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip .

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1380, as amended, amends the Hlstorie Preservation Act I (sic). It allows the Asency to engaqe in marketlng activities 1 designed to pronote the sites. ft also allows them to sell l I advertising and promate those -- those sites. Be happy to answer j ' any question, and . ask for some pcsltive votes. I J PRESIDING OFFICER: (SENATOR WATSON) i Any -- any discussion? Seeing noner this is flnal action. I And Senator Cullerton, under ehe wire. Senator Cullerton. t

ïes. Would the sponsor yield? PRESZDTNG OFFJCSR: (SENATOR WATSON) / Sponsor indicates he'll yieldr Senator Cullerton. I

Senator, does this underlying bill deal with the -- the Office 1 . 1 of the Commissionerof Banks and Trustsand the Orficerof Savings 1 and Residential Finance? PRESIDING OFFICER: (SENATOR WATSON) 1 Senator Philip. SENAIOR PHILIP: 1 l No. It was a vehlcle. 1 PRESIDINGOFFICER: (SENATOR WATSON) 1 Further disgussion? Seeing noner this is final action,and ) the question is, shall the Senate coneur in Hause Amendments No. 3 1 . to Senate Bill 1380. Those in favory vote Aye. Opposed, vote No. I The voting is open. Have a11 voted who wish? Have all voted Who I ' wish? Have al1 voted Who wish? Take the record. On that I I I 37 1 I  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 questionr there are 57 voting Yes, no voting No: no voting Present. The Senate does coneur in House Amendment No. 3 to Senate Bill 1380, and the btll, having received the required constitutional najority, is declared passed. We previously had l leave of the Body to return to page 8. Top of page 8. Senate Bill 1527. Senator Barkhausen. Madam Secretary, please read the l btll. 1 .

I move to concur uith the House in the adoption of their Amendment No. 1 to Senate Bill 1527. Offered by Sepator Barkhausen.

PRESIDING OFFICER: (SENATOR WATSON) Senator Barkhausen.

Thank you, Mr. Presldent and Members. House Amendment No. 1 sllghtly narrows this -- the application of this legislatlon that would allcw guardians of dlsabled persons to petttion' probate courts to enqage in certain forms of estate planning. The proviston that was eliminated is the paragraph that would allow the guardlan to suggest the revocation of a revocable trust. Though the bill, as it stands, does allaw for the modification of a will or a trust for tax reasons, all of these things, again, can only be done with the permission of the probate court. This bill: in a somewhat broader form, lt previously passed the Senate unanimously. And I ask for your concurrence with this House amendment.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussiort? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1527. Those in favorrvote Aye. f Opposed, vote No. The voting is open. Have a1l voted who wish? 1 . Have all voted Who wish? Have a11 voted who wish? Take the I f 38 I I i  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 l record. On that motion, there are 55 votlng Yes, no voting -- no I voting No, no voting Present. The Senate dces concur in House I I Amendment No. l to Senate Bill 1527, and the bill, having received I the required constitutional majority: is declared passed. With ' ! leave of the Body: We'd like to go to page 7. The very top of page 7. Senate Bill 1122. Senator Klemm.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'd like to move to non-coneur with House Amendment No. 5 on House Bill 1122 -- or# Senate Bill 1122r excuse me, and ask for a conferencq comnittee to be appolnted.

PRESTDING OFFICER: (SENATOR WATSON) Any discussion? If noty Senator Klemm moves to non-concur in House Amendment No . 5 to Senate Bill 1122. Al1 those in favory say Aye. Opposedy Nay. The Ayes have it. The mction carries, and the Secretary shall so inform the House. Welre now in the middle of page 9. Middle of page 9. Senate Bill 1780. Madam Secretary, would you please read the motion? ACTING SECRETAR? HAWRER : I move to non-concur with the House in the adoption of their Amendments' 1y 2, 3 and 10 to Senate 3i11 1780. Offered by Senator Barkhausen.

PRESIDING OFFICER: (SENATOR WATSON) Senabor Barkhausen. '

Thank your Mr. President. I1d like to move the non-concurrence motion that the Secretary just read. PRESfDTNG OFFJCER) (SENATOR WATSON) i Senator Barkhausen moves to non-concur ln House Amendments 1, 2, 3 and 10 to Senate Bill 1780. All those in favorr say Aye. Opposed, Nay. The Ayes have i*. The motion carries, and the Secretary shalt so inform the House. ...page 7, bottom third of 39 . . z -. - - . . ..  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Leqislative Day May 2l, 1996 the page, under the Order of Concurrence, is Senate Bill 1459, Madam Seeretary. Senator Walsh, do you Wane to pursue With a I motion? ! SENATOR WALSH; ( Thank youy Mr. President. I mcve to non-concur on Senate Bill ! I 1459. We've go: agreed-upon languagey and I would like to ask / I that a conference commlttee be formed. ! PRESEDING OFFICER: (SCNATOR WATSON) 1 I I kould assume that's Anendment No. 2, Senator Walsh? Senator ! I Walsh moves to non-concur in House Amendment No. 2 to Senate Bill I 1459.. A1l those in favorr say Aye. Opposed , Nay. The Ayes have I ! it, and the notion carries, and the Secretary shall so Snform the j I House. On page 8, middle of page 8 is Senate Pill 1664. Madam ! Secretary, please read the notion. ! I

I move to non-cgncur with the Hous: in the adoption of their ' ! Amendment No. 1 to Senate 3ill 1664. ! f Offered by Senator Watson. 1 PRESIDING OFPICER: (SENATOR WATSON) ! ? Senator Bowles. . I SENATUR BOWLES: 1 ' ! Thank you, Mr. President. I would ask fcr the Body to ! I non-concur with the House anendment to Senate Bill 1664. PRESIDING OFFICER: (SENATOR WATSON) 1 Is there any discussion? Seeinq none, Senator Bowles moves to ! non-concur in House Amendment No . l to Senatg B1l1 1664. All those in favor, say Aye. Opposed, Nay. The Ayes have it: and the ! motion carries, and the Secretary shall so inforn the House. Like to remind the Members that lunch is belng servedz complinents of Kane County Forest Preserve. Madan Secretaryy Resolutions.

Senate Resolueion 221: offered by Senators Geo-Raris, Walsh 40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2lr 1996 and all Members. It is a death resolutton.

PRESIDING OFFICER: (SENATOR WATSON) Consent Calendar.

And Senate Joint Resolution 108, offered by Senator Parker. It is substantive.

PRESTDING OFFICER: (SENATOR WATSON) Intention of the Chair now to go to page 5 of today's Calendar. The middle of the page is Secretary 's Desk, Rpsolutions. First one is Senate Resolution No. 182. Senator Lauzen. Madan Secretary, would you please read the resolution?

.e.Resolutëon 182. No committee or Ploor amendments reported.

PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.

Thank you, #r. Presldent. Senate Resolution 182 requests the Governor to proclaim the week of October 6th through 13th of '96 R' espect Life Week in Illincis. This resolutiolb in identical formy was passed in '93, '94, and $95, and a resolution has been adopted in nearly identical form every year since 1973.

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerbon.

Yes. Would -- Senator Lauzen, if you could do us a favor. T'm trying to get a copy of that resolution, and I -- I can't get ik on the computer. I just wondered if -- Lf you had a copy I could -- and then if I could just ask you a question.

PRESIDING OFFICER: (SENATOR WATSON) The sponsor indicates he'll yield, Senator Cullerton. 41  STATE OF ILLINOIS ! 89TH GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l: 1996 j 1 SENATOR CULLERTOs: 1 1 The -- Senator, just a quick reviek of this. Does -- is there any impact -- does this resolution have any impact on the death 1 i penalty? Does it affect the death penalty in -- in any Wayr or I ' does it take a Position On the death penalty? If youire -- if you I I vote for this and youdre in favor of the death penalty, would you 1 ( be, in any way, inccnsëstent in your -- in your voting? i PRESIDING OPFICER I : (SENATOR WATSON) I : Senator Lauzen. I I SENATOR LAUZEN: / No . I ' I PRESIDING OPFICER: (SENATOR WATSON) 1 I Senator Cullerton. I 1 SENATOR CULLERTON: ' I Could you -- just to reassure those of us who are in favor of I I the death penaltyr could you point to the language tn here that I I you feel would not be -- you know, in this era of negative j I campaigning, people can tWist a lot of things that: we do: and they I 1 could look -- take a resolueion like this and -- and say that ke 1 voted against the death penalty. So I just Wanted to -- I mean, j ' it does talk about respect for life and the sanctity of a1l human . l life and recognizing that each human being has a right to lëfe, and it doesn't say anything aboutz you know, the -- the right of 1 the State to forfett that life -- or, the righ: of the State to 1 . take a life if they forfeit the life. And 1* does talk aboue ) protectinq the life of the unborn. 1 see that, in the third j paragraph -- the third ''whereas'', and it does talk about the Right 1 To Life Organizations and the Knights of Columbus, and -- and the - - a1l of these falths recognizing the sanctity of life, but some I of these faiths are actually against the death penalty. For j example, the Catholic Church, I know, is against the death . 1 penalty. So I just think we shculd be careful, and I wondered if f i 42 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legtslative Day May 21r 1996 : ? you could -- if you could show us hoW someone couldn't -- you 1 . knoWy Some Poiitical opponent: fOr example' couldn't take this and I 1 misrepresent it so that they could give the uron: impresslon? J I PRESIDING OPFICER: (SENATOR WATSON) I Senator Lauzen. I . I SENATOR LAUZEN: 1 Thank you, Senator. Certainly people can misconstrue or ! I misinterpret in any way that they want, especially in a political ! I environnent. For the record, lt's my intentiony as sponsor: not ! to: you know, make a comment through this resolution on the death ! penalty. Naturallyy this -- the Sense of this for the last Ewenty-three years has been around innocent human life, and we're not talking about -- this does not address the death penalty. !

PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Seein: none, Senator Lauzen, do you wish to close? SENATOR LAUZEN) ' : 1 Just ask for an Aye vote. l . I END OP TAPE ! ! ! 2 TAPE 2 ! 1 ! 1 PRESIDING OFFICZR: (SENATOR WATSON) ! Senator Lauzen moves the adoption of Senate Resolution 182. ! ! Those ln favor, say Aye. Opposed, Nay. The Ayes have it# and khe ! I resolution is adopted. House Joint Resolution 124. Senator ! Lauzen? Madam Secretaryz please read the resolution. I ! ACTING SECRETARY HAWKER: l House Joine Resolution 124. No committee or Floor amendments I I I 43 I I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 reported . ? FRESTDTNG OFFTCER: (SENATOR WATSON) J I Senator Lauzen. I I SENATOR LAUZEN: I 1 . Thank ycu very much. House Joint Resolution l24 is the same j I as what we passed out of the Senate, Senate Joint Resolution 92. I The only difference is that where it kas a Governor's task forcez 1 I this is now a legislatlve task force. That request: was made over I I in the House. And so that's what this -- it's the same that we I I voted out overkhelmlngly a couple of days ago. ! PRESIDING OFFICER: (SENATOR WATSON) l I Discussion? Senator Welch. I I SENATOR WELCH: I I f have a question of the sponsor. I PRESIDING OFFICER: (SENATOR WATSON) l I Sponsor indicates he will yield, Senator Welch. I I SENATOR WELCH: j Senator Lauzen, it seems like we have had a lot of committees 1 looking into this. Senator Parker has an ongoing committee J hearing into the divorce laws, and I would asszme that this would . 1 be somekhing that would come -- come under the realm of thaE J committee. Certatnly chtld support going to the divorced mother I I is an extremely important part of her not havinq enough economic I I wherewithal. Why do ve need one more committee looking into this? I i PRESIDING OFFICER: (SENATOR WATSON) I Senator Lauzen. I

J Well: I -- I work on Senator Parker's task force on the j marriage law, and I recognize the very good work that she and a1l I I the participants kn that effort are making. Because this is such I I a -- you know' it -- just in 1995 alonee in Illinoisr only I . I thirty-eight percent of the familtes due child support received I I 44 I 1 . I I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 any payment, leaving a Whoppëng two hundred million dollars in I : I support payments uncollected. I think that When We have a problem I of that degree, that lt merits its own effort.

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch. SENATOR WELCH: ' Senator, in my districty the -- tWo of the people who are most ! involved in collecting child support are the county clerk and the county State's attorney. Now, are -- are we going to have members ! from both of those groups represented on your committee? !

PRESIDIMG OPFICER: (SENATOR WATSON) Senator Lauzen.

That was a question thak was raised. Tf I reeall correctlyz : Senator Bowles had mentioned the iRportance of that person. Xou h mentioped that to me when we were considering Senate ' may ave Joint Resolution 92. So, certainly, once we get it to the point that We're talking about how kould we implement antl what should we do, Wefre going to involve their advice. Butr certainly, we have to form the group first to take a look, and then we 'll bring together al1 those people who eould make constructive regommendations.

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

Well, it -- it seems like we're duplicating an existing child support task force appointed by the Governor. I'm not really sure Why -- why we want to have a second one created . It -- it seems l to be a makeup of the -- a similar makeup of philosophy if you don't include your county officials in it, and -- and I'm -- I'm not sure What -- uhat the purpose of this would be, other than, you knoww a summertime make-kork conmittee. What is -- what is it I 45 I  STATD OF ILLINOIS 89TH GDNERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 109th Legislakive Day May 21r 1996 ; l golng to cost to have this eommittee? Ts Lhere goin: to be any I l salaries paid? Are there golng to be any expenses paid from the I I State to members of this commlttee? I I PRESIDING OFFICER: (SENATOR WATSON) I I Senator Lauzen. I SENATOR LAUZEN: I 1 On the child support eommlttee, there is not. On the -- on , I the Ec and Fisc Committee, thatts going to be up for contract and ! there's going to be a question of khether that separate issue ts I I funded in appropriations. And by the way, going back to the first ? ! question in the multipart question. I believe that the Governor's 1 I I task force: if -- if I -- you know, if I understand What you re . f asking about correctly, that did not pass the Eouse, and so the ! I House sent back over here the same of What we had passed over to ! themz but they made it a legislative task force, rather than the 1 ! Governor's. ! ! PRESIDING OFFJCER; (SEHATOR WATSON) I I Senator Welch. ! SENATOR WELCH: I ! Well, Senator Lauzen, if -- if the House does pass the I I Governor's task force, would you not go ahead With this task ' force? I mean, I don't -- I donlt Ehink it makes sense to have l I two task -- task forces in operation at the same time, studying I ) the same situation. 1 PRESIDING OFFICER: (SENATOR WATSON) I I senator Lauzen. f i SENATOR LAUZEN: j T appreciate that concern, and there is not a Governor's task I 1 force. They did not advance thak in the House. And I agree with I 1 the prlnciple ehat of course We kouldn't go i.n two directions. I I'm happy either Way, as long as We get the job doner whether it's I I 's task force or a legislative. In the House, bhey l a Governor I I I 46 ! 1 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 preferred legislative; I acquiesce. Flexible. ( ! PRESIDING OPFICER: (SENATOR WATSON) ! Further discussion? Senator Palmer. I SENATOR PALMER: I Thank you, Mr. President. A question of the sponscr.

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

Senator, when I look at this analysis: although it talks about delinquent child support, it seems to me that the malor part of the legistation is talking about doing a study that w111 look at the degree to which AFDC families receive additional ineome from various sources. Is that correct? PRESIDINC OFFICER: (SENATOR WATSON) ' Senakor Lauzen. , SENATOR ' LAUZEN: j I'm sorry. Could you repeat the question? ! !

PRESIDING OFFICER: (SENATOR WATSON) SPn8EOr Palmer. ! ! SENATOR PALMER: I i The analysis that I have says that there are actually tWo or ! three parts to this resolution. One of them is to lcok at i I collecting back pay from fathers or khatever. The other one says ! that there will be a study to look at the degree bo Which ! ! families, ehildren -- dependent chtldren receive additional income I ! from various sources. What is the lntent of this? PRESIDING OFFICER: (SENATOR WATSON) ' ! Senator Lauzen. 1 Senator, I appreciate your consistency, because you asked ne ! I those same questlons the last time that we passed the other. There are tWo separate, important studies that are îoing to be ! 47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day MaY 21: 1996 ! I done. One is on child support; the other is on the AFDC payments. J I And -- so there are two separate and impartant studies that kill I b I e done. l PRESIDING OFPICER: (SENATOR WATsON) i ! Eurther discussion? Senator Palmer. I SENATOR PALMER: 1 Important to Nhom? What is the purpose? I açree with Senator I 1 Welch. You and I both serve on the task foree to look at dlvorce I laws in Illinois: and I thought that one of the particulars of ! I that task force was to lock at financial relationships between ! I divorced parents vis-a-vis their children. Why are you setecting ! I out families that are dependent, who have to be among the poorer I ! famtlies in the State of Illinois? ! ! PRESIDING OFFICERJ (SENATOR WATSON) ! ! Senator Lauzen. ! SENATOR LAUZEN: : ! Actuallyr we had the -- the same discussion and, unfortunately I I confusion the first tine around , and perhaps I should have cleared ! that up after it passed the first time. 3ut you're combining two J ! different things into your same one question, and so lt's very ! I hard to answer that. The intention as far as the AFDC is, we . f wanted to care -- be sure that we care for those -- for those ! I children. We 're maklng an enormous investment of taxpayer and -- I resources from the State, so we Want to eake a look at that, and I I I think that's a legittmate concern. The reason why -- over in I child support on the other studyr Why I think thak that's ) . I important enough to deserve an effore outside of Senator Parker's I I task force on *he marrîaçe 1aw is that we're golng to need to ? figure out reconmendations that will encourage the Qooperation of ! ! the employer community, because that's where the information is ! ! going to be coming from. So, many things in those two questionsr I ' j and perhapsr you know, you and I can spend some time together I I I 48 1 )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT l09kh Legislative Day May 21: 1996 talking about -- these are two different tracks. I PRESIDING OFFICER: (SENATOR WATSON) I I Further discussion? Senator Palmer. ! I SEHATOR PALMER: , you. To the b111: Senator Lauzen: I know you are a very ' honorable man and I respect that. I an always concerned: howevery when we ereate a task force, a study group , a whatever, that will take, point by point, matters of support, concern, whatever, for citizens Who are already at the very bottom of the heap, the ladder, hovever you choose to characterize it, and wefre talking about ehildren here. And I -- just lngic would say that We would not ensage in such a skudy, spend the taxpayers' money, unless the ' intention was to have a series of recommendations at the end of it for how we should proceed, and that is what concerns me. So T l uould suggest that We vote No on thisy that we have a dlscussion about how we provide that safety net that one of your Presidents E : talked aboutz which has been eroding and tearlng apart: even as ke I speak. So, I think this is absolutely not the riçpht thing at this point in time. I !

PRESIDING OFFICER: (SENATOR WATSON) . . ! . . I Further diseussion? Senator Philip, would you like to . 4 introduee our special guest? I ! SENATOR PHILIP: I Thank you, Mr. President, Ladies and Gentlemen of the Senate. I 1 Next to me on my righe, should be on my left-hand side -- should 1 . I be on my right-hand side, the outstanding Illinois Secretary of I ! State, the Honorable George H. Ryan. I PRESIDING OFFICER: (SENATOR WATSON) ! I Secretary of State Ryanz Welcome to the Illinois Senate. I I Further diseusston? Senator del Valle. I SENATOR dEL VALLE: ! I A question for the spcnsorr Mr. President. I I ! 49 ! I I  STATE OF ILLINOIS 89TH GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 I PRESIDING OPFICER: (SENATOR WATSON) ' ! Sponsor lndicates he will yield, Senator del Valle. . SENATOR dDL VALLE: senator Lauzen, what is the -- the completlon date for the consultant that will be contracted by Eccnomic and Fiscal?

PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.

Tbank you, Senator. And agatn, I appreciate your consistency, because that was the same question that was raised, and J anskered it last time by saying that this is so complex' that if you know When we can complete it -- you kncu, it may -- it may take a couple of months, it may take longer than that. So there is no deadline. PRESIDING OFFICER: (SENATOR WATSON) ' Senator del Valle. SENATOR'dEL VALLE: . Then, can you tell me, when is the starting date?

PRZSIDING OFFICER: (SENATOR WATSON) Senator Lauzen. Upon adoption by the House and Senate, Ne Would go ahead and i start to formulate how we'd go about putting these together. And I believe that what wedre going to be doing is goinq through this study during the -- during the summer. There 's been Work that has ' already started . The reason why it's in thls form, rather than in I legislation, is thae we didn dt want to bring sornething that was ' ! not fully formed for constderatton before this Body. So we're . going to qenerate our recommendations, bring them before this I entire Body. I would anticipate that would be sometime in the '97 ! Session. .

PRESIDIKG OFFICER: (SENATOR WATSON) 50 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21w 1996 Further discussion? Senator del Valle. SENATOR dEL VALLE: Well, Senatorr T thlnk khat the possibility exists thae this 1. study that is a very in-depth kind of analysis is going to be J . completed, and it will not take into account the chanqes ehat I I think are inevitable at the federal level in how We provide I funding for what we know today to be entitlements. How are we 1 1 going to make sure that the money that we spend - and T thlnk it ! could be probably more than seven hundred thousand dollars - that I that money ehat we spend is well spent and that ke don't end up ' I paying for a study that Will be outdated quickly, requiring us. to I come back and appropriate another seven hundred dcllars to update ! the study, so that we can then -- seven hundred thousand dollars; so that we can then be able to come up with, I'm assuming, the data that we need in order to come up With a new approach for dealing with AFDC participants?

PRZXIDING OFFICER: (SENATOR WATSON) Senator Lauzen.

J certainly appreciate your concern. We're qoing to go through this as intelligently as we can. Those are some of Ehe natural questtons that are going to be thought through as we go through requesting appropriation for that study in the ftrst place. Soy cerealnly that's a naturïl concern and we'll do our best to do it wisely.

PRESIDING OFFICER: (SENATOR WATSON) senaeor del valle. SENATOR dEL VALLE: Mr. President: I just want to request a roll call cn this resolution.

PRESIDING OFFICER: (SENATOR WATSON) That certainly is in order. Further discussion? Senator 51 I 1  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIOK SENATE TRANSCRIPT 109th Legislative Day May 2lr 1996 I Parker. f i SENATOR PARKER: 1 ' Thank youz Mr. President. I rise in support of this I 2 resolution. It -- actuallyr part Of the idea from this Came from ! i I the Voiees For Illinois Childrenz when they came tc myself and i l Senakor Lauzen. And one of the important things that they're ! I trying to do with this resolution is lookin: into the New Hire 1 Reporting, Which Would require emplayers to report existing ' ! informatton on a11 newly hired or rehired employees to an I ! appropriate State agency vithin twenty days, which would speed up ? ! the process by which people could find out Where people are I ! employed who are actually not paying their .child support. It ? amazes me on a1l of the discussion here on not supporting this ' ! resolution. To remind you, for my committee for the divorce laws, I ? we have introduced fourteen bills to frame the debate on the , l discussion on divorce issues. We are not addressing, though, the I eollection for child support. What we are trying to do is to ? ! prevent chitdren going into the welfare system . It is true that I ! the largest kncrease today ls from the divorced -- going onto the ? I . welfare system are divorced women with children. And it amazes ! me: also, that we don It use any mechanism that We can . to' help ! J eollect those child suppore payments. There is l.3 billion I ! dollars owed in this State: thirty-four bitlion dollars ln the ! I I country, and any mechanism to try and speed up those ! accommodations for chtld support certainly is something that we 1 I should support here, and I would urqe an Aye vote. ? I PRESIDING OFPICER: (SENATOR DeANGELIS) I ! WICS reguests permisston to photograpb the Session. ? I Pernission granted? Pernission is granted. Senator Clayborne, I for What reason do you seek recognition? l ? SENATOR CLAYBORNE: ! I Mr. President, I rise for a point of personal privilege. I J 52 I ! l  STATE OF ILLINOIS 89TH GEHERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 PRESIDING OFPICER: (SENATOR DeANGELIS) i I Seate your point, Senator. SENATOR CLAYBORHE: I . In the gallery on the Democratic side, behind me is the Dunbar Beta Ronor Socieky. I would like for them to stand and have the Senate recognize then . From Dunbar Elementary School in East St. 1 Louis. PRESIDING OFFICER: (SENATOR DeANGELIS) Will our guests please stand and be recognized? Senator 1 ceo-xaris. I I SENATOR GEO-KARIS) . ' Mr. President, Ladies and Gentlemen cf the Senate: briefly, i i What's the harn of setting up this task force when we know that I I thirty-eight pereent of the families owe -- are due child support i and don't qet it? That's one of the biqgest ltems I have in my 1 I eounty. And it's the most expensive thing -- orte of the mest ! I expensive things to the taxpayers when they have to suppcrt other j 1 people's children. So let's go ahead and vote for the bill. i PRESIDING OFPICER: (SENATOR DeANGELIS) f I Senator Shaw. . I . I SENATOR SHAW: j Thank you, Mr. President. Will the sponsor yield? f I PRESIDING OFFICER) (SENATOR DeANGELIS) j Sponsor says he Will yield. 1 SENATOR SHAW: l ! I Senator Lauzens we had talked about this uhen -- I believe it j was Senate Bill 92 or sometbing was over here: and we talked about I I *he county clerk's part. ff ue are talklng about child support i I and collection for childrenz why wouldn't we have included... i I We've had time to include the county elerks in this bill. Why ! wouldn'k -- T mean circuiè coure clerks. Why wouldn't we do that ' . 1 in this bill? j I 53 ) I I :  STATE OF ILLINOIS 89TH CENERAL ASSEMBLY RSGULAR SESSION SENATE TRANSCRIPT 109th Leglslative Day May 2l, 1996

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Lauzen.

Thank you, Senator Shaw. I still have your note from when it Nas Senate Joint Resolution 92y that said that the circuit clerks must give the input. So T appreciate that thatfs an important consideration. Naturally, the House takes its own action, and it's -- it's natural to have them in part of this and anyone else who might be concerned with child support in the State of Illinois.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shaw .

What I'm trying to figure out, is this about delinquent child support? Is this bill really about delinquent child support? Is that what this bill is about? PRESIDING OFFICER; (SENATOR DeANGELIS) Senator -- Senator Lauzen.

What we dre trying to do is to increase the amount of suppcrt payments -- child support payments that are being provided. In order to accomplish that end, we have to gain the participation by the employer community. So cne of the things wefre going to be looking at is how we can get the information cn neu hires into the hands of people who are then responslble fc'r child support payments.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator shaw.

To the resoluticn: If this -- Mr. Speaker, and I know that the sponsor here have good intentions. But if this is about delinquent child support and trying to help chLldren, there 's no 54  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGCLAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 way in the world that youfre going to do that without the circuit court clerks being a part of In every courtty in this State, that's where people, the -- the fathers or Mothers, if you Will, make their paymentsr in many instances. The court order those payments to go to the -- to the court clerks. Now, if you don't have a tracking mechanism y and these people and the court clerks are not involved in this processr then what -- what are We doing here with this resolution without them being a full player in this? Because people are constantly paylng to the circult court clerk's office and we have no way of knowtng how these payments are going to catch up in the Departmeqt of Public Aid . Nowy it Would seem as though to me that there ls millions of dollars beins paid to the circuit court clerks: and those are the people that disburse the -- the payments, but yet they are not a part of this bill -- this resolution. And lt it's just ludicrous to talk on one hand that you're trying to help the children of this State, young people, and you don't track the money that are being pald to the circuit courk -- to the court clerk's office. And this -- and al1 of us here want to help children. Wefre no* against this resolution, but we have had time to fix it and make it right for the children Yf this State. But, as a Senator, certainly, I would hope that you would have some influence on the other side of the Rotunda over there, and once you understood what was wrong with the first resolution, that the county that the court clerks were not included in that, and hopefully you Would have went over and told thelu knowing that this bill -- this resolution Was coming back over here. NoW We have a resolution where a large segment of money is being paid to the county clerksz and we don't have them sitting at the table as a part of this task force. If we want to do the right thing, we Would -- maybe tbere's a trailer bill somewhere that you can come up with to tnclude -- trailer bill -- resolution that you can 55  STATE OF ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 include the -- the court clerks. But ît wonft Work. Wefre just dolns scmethlng here and going through the motion if we do this uithout including them. I'm -- IIm for 1t, baslc -- *he -- the concept. I'm for the basic concept. I uant to he' .Lp children, but I don 't want to be a part of a charade where that we are gcing to pass something and tell them we are trying to hell? them When the main players is not involved in this process. And I think that possibly -- and I hate to do this, but eertainly this should be defeated and we should revisit this issue, take it back to the table and make the court clerks a part of this resolutian.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Collins.

Senator -- question of the sponsor, please.

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

Senator, there have been so many task forces established and -- and before this General Assembly Ehis Session, till Isve just about lost count om what they do several dealing with child support. Now, What I Would like to knob, is there anything in thls task force, designated responsibilities, to take a look at those -- not -- not the dlvorcees, but those families on AFDC where there has never been any child support collected from the fathers because the fathers are unknown, by the Department?

PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Lauzen.

Perhaps that's one of the issues that is going to be considered by the task force if it ever gets put together. I'm also concerned wlth how many times we've come, you know, with the task force. As far as I know: this is the only one now that has 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 acceptance from the House, and when it passes in the Senatew this is the only task force on the -- the ehild support. If that's one of the my quess is that that's going to be one of the considerations that's in it.

PRESIDING OFFICER: (SENATOR DeANGELIS) ,senator Collins.

Senator, when I was on my way to the Floor - and excuse me, I have an awful sore throat - but when I was on my Way to the Floor, I -- I heard someone speaking and asking a questlcn, specifically, What was the -- the specific tasks oç the objective of this task force, and not one time did I hear anything in reference to the subject matter of collecting child support from those men who have violated the statutory rape law by impregnatinçr girls under the age of eighteen. That ls a major -- and I keep saying that. I have given -- did an extensive work on that subject. have prepared amendments and have given ie to you all, and say, 'Q don't care, take the credit for it.'l But if we're going to really do something about reducing welfare dependency and collecting child support, we most certainly have to do more than just put forth our efforts for those persons who've been divorced. And -- and -- and I'm not saying that we shouldn't collect child suppcrt from -- from those divorce -- in those divorce cases, but we have to go after those fathers who've never spent a dlnle taking care of their children and whc also broken the Illinois statutory rape laus. And when you ealk to *he agencles as T havp, no one is doin: anything about it, and no one even cares. went from agency to agency to the State's Attorney's Office and to everybody, and they says, ''NO, we're not doing anything about that; that's not our responsibility.l' Well, you truly Want to get people off ald and reduce the burden to the taxpayers, that task force or some other task force that you 've go* around here  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 must - must - assume the responsibilikies for looking at those fathers who has never paid a dime and, at the same time, have broken the statutory rape lawsr so that we can begin to identify those faEhers and make them pay child support.

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

Thank yau very much. Just a couple of quick items. One of the speakers suggested that it's goln: to be impcrtant that the circuit clerks be lnvolved. think that's very true. IId like to very much thank Senator Raica, qnd also Senator Parkerr for their work on the original Senate Bill 1712, Whicb Was the -- that initiated this process golng farward. TJd also like to thank a1l the people at Voices For Illinois Children and Metropolitan Family Service 's social policy department. This bill passed -- or this resolution passed 47 to 1 when it came out the first time. The only change that has been made is that it Went from a Governor's task force to a legislative task force. So those forty-seven people who voted in favor of taking a look and doing as good a job as we can in these two areas, I'd appreclate their Aye vote again.

PRESIDING OFFICER: (SENATOR DeANGZLIS) Senator Lauzen moves the adoption of House Joint Resolutlon 124. Those in favor Will vote Aye. Opposed Will vote Nay . The votinq is now open. Have a1l voted who wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record . On that questlon, there are 44 Ayes, 9 votlng Nay, 2 voting Present. House Joint Resolution 124, having received the constitutional najority, is adopted. ...Berman. Messages.

Message frcm the President, dated May 21st, 1996. Dear Mr. Secretaryr please be advisi,d that I have appointed Senator Dudycz to replace Senator Maitland on the Senate 58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 ; 1 Rules Committee, effective immediately. Signed by President Philip. PRESIDING OFFICER: (SENATOR DeANGELIS) Por what purpose does Senator Peterson seek -- seek recoqnitlon? SENATOR PETERSON: ! Por the purposes of an announcement. ! PRESIDING OFFICER: (SENATOR DeANGELIS) State your announcementy Senator. ; SENATOR PETERSON: I Tbe Insurance Committee will meet tomorraw morning at 8:30 in Room 400. . I PRESIDING OPFICER: (SENATOR DeANGELIS) Supplemental Calendar No . 1 has been distributed. Everyone E have a copy of it? Welll be proceeding to that order of business ( immedlately. ...would like to ask leave to come back to Senpte Bill 1648. Is leave granted? Leave is granted. Okay. On '! Supplemental Calendar No. l is Senate Bi11 1669. Senator Lauzen, do you wish that to be called? Read the bill, Mr. Secretary. ? SECRETARY HARRY: I move to concur with the House in the adoption of their amendment, Amendment No. 4, to Senate Bt1l 1669. ( ' Filed by Senator Lauzen. I ! PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Lauzen. 1 ! SENATOR LAUZCN: I Thank youy Mr. President. This -- this blll kas amended. 1 1669 Was amended in the House. The underlying bill covered the unemployment insurance clarification that models and talents are ! not included under unemployment insurance. 'Phat passed 53 to ! . noehing, earlier. The amendment that was put on in the House . I provides that real estate closing agents, real estate appraisers l i 59 I 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21r 1996 are no* covered under the Unemployment Insurance & 7t as long as certain conditions are met. With that, I'd be happy to answer any i I questions. :

PRESIDING OFFICER: (SENATOR DeANGELIS) I What reason does Senator Garcia seek recognition? SENATOR CARCIA: ? Mr. President, thank you. Like to speak to the bill. I'm not ure what the true motive of classifying loan closing agents and ' s real estate appraisers as independent contractors has to be about, because eurrently, under State law, true independent contractors are already excluded frop the Act. The three-prong test, called : the ABC Test, is used to distinguish employees from independent : contractors. This is the test most widely used by other states. i Essentially lt covers workers who are free from control or -- or direction in the performance of Work, and the wcrker performed serviees outside the employer's usual course of businçss or ! outside of the empkoyer's place of -- of businessr and fc), the uorker is independently established in his or her own trader I profession, occupation or business. Then the worker is considered an . independent contractor. Why do we need this b111? This billf I'm concerned, nay open the floodgates to removin: more and more r workers from coverage and result in an unemployment lnsurance system that is no longer effective. Lastly, this btll abandons the agreed-bill proeess which we've been adhering to since 1978, I particularly to -- to prevent acrimonious struîqles that may arlse 1 ! between labor and bustness. So, for Ehose reasons, working men and women in Illinois are opposed to this blll and Would urge a No ! : vote. ç

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jacobs. SENATOR JACOBS: i Thank you: Mr. Presidentr Ladies and Gentlemen of the Senate. 60  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 Would the Senator yieldr please? PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator says he will yield. SENATOR JACOBS: i Even though this deals With unemployment compensation, Senator, it would appear to me thatw inasmuch as we are now naming : these people as independent cantractors, two things are going to happen. Also, if they are injured on the joby there will be no workmen's comp from thelr employees (sicl because theylre l independent contractors. And number two, if khey are working for a bank, who then -- yomebody screws up, where does the liability ! set? Does the liability set With the bankr or does it set with I i the closing agent or the appraiser wh1 may have goofed up? To me, it -- it's going muddy the water a lot. We spent last year -- f qulte some time last year in -- in qoing over the independent contractor bill and I thought we were pretty well takpn care of. I i This is a very good underlying billr but I think this amendment !1 clearly changes the intent of the bill, and I,m just curious as to whether or not they would be eligible for workmen's comp, number I ! . one. And number twoy who wculd be liable for any of the problems that may exist through'some error made in the judgment? ! PRESIDING OFFICER: (SENATOR DeANGELIS) ! Senator Lauzen. SENATOR LAUZEN: I As far as those two concerns, this -- thls bill makes no changes to what a -- you know, whc is consldered an -- a -- an ; independent contractor. But what it does is it clarifies so that - - and you say -- you Would ask, why is it necessary, then; itfs already there. The threat of an audit is now consumlng thousands of dollars on *he part of these people who are En business for themselves. They Will remaln responsible for their own insurance. They'll be -- rematn responslble for the risk if they make a 61  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legtslative Day May 21, 1996 f mistake on one of their jobs. This doesn't change it. What it does is it just clarifies that these people -- what it does is lt helps small business owners not have the extra burden of having to go through these audits, because it's clear now in the law.

PRESIDING OFFICER: (SENATOR DPANGELIS) Senator Butler.

Thank you. Ladies and Gentlemen...

PRESIDING OFFICER: (SENATOR DeANGELIS) Oh. I'm sorry. Senator Jacobs.

.. . . fo1low up eo that. Tt still does not address the -- the question of workmen's comp' and I think it's noble to try to get anyone out -- you know, certain classes of people from having to participate in some of the programs thaE this State has. But it seems to me that everyone in this State, under one direction or anotherr is entitled to unemployment compensationr number one, and also to workmen's comp if somebody is injuredr and I think this bill clearly defeats both of those purposes.

PRESIDING OFFICER: (SENATOR DeANGELIS) senator Butler.

Thank you. Ladles and Gentlemen, I think this bill clears up some of -- some of the confusion that is apparently gaining some l E momentum in the fact that the Department of Employment Security is -- isapproaching these variouskindsofoccupations and saying, / ''You do not indeed qualify under the -- the contractors -- the law,and therefore we are going to include you in the UI ) mechanism .'' Al1 this bill does is take speclfic occupations that have been approached by DES to -- to be exempt from that ; contractors law, and -- and -- and the intent of Senator Lauzen is to make very clear that there are only now four occupations that I 62 I  STATE OF ILLINOIS 89TH GENERAL ASSEMPLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l# 1996 have been excluded, as I recall, Senakor. So this doesn't open up any floodgates; this is just approaching this thinçfone at a timez as these problems arise. I wculd foresee, in the near future ' wedll have some more of these, simply because of some percelved confusion in that -- in thls -- in the contractorls law. So I would would urge -- I Would urge a favcrable response to this. is not the floodgates. If anythingr it's putting up a dam.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch.

Thank you, Mr. President. You know, there a hundred -- hundreds of years of precedent as to agency 1aw and Whc is an independent contractor and who is an employee. What what you've qot with this bill is, for instance, a photography studio hires somebody and they work forty hours a week but they 're working on a certain singular project, this bill says you're an independent contractor; you're not an employee. Doesn't say that a singular project -- well, it says in my analysis. It says: Exempts from coverage as employeesr actcrs, mcdelsz writers, electriciansr and other specified types of employment for which a person is contracted by a talent, modeling agency, photography studio, audto/visual production, or pcst-production company. Is that true or not?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Lauzen.

The -- that portion the -- the portion that youfre objecting to in the b111 when it was just Senate B111 1669, Was removed. It was anended out.

PRESIDING OFFICER: (SENATOR DPANCELIS) Senator Welch , are you done? Any further discussicn? If not,  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 j Senator Lauzen, to close. SENATOR LAUZEN: Just very quickly. The underlying bill dealing with mcdels and talent agencies passed out of here, I believe it was 53 to nothing. Last year, a very similar bill to Amendment 4, Senate Bill 1206, passed out 34 to 20. I just ask for Aye votes. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Lauzen has moved that the Senate shall concur in the House with Amendment No . 4 to Senate Bill 1669. This is final action. Those in favor wl1l vote Aye. The opposed Will vote No - - vote No. The voting is now open. Have all voted who wish? . Have all voted who wish? Have all voted Who kish? Take the record. On that question, there are 35 Ayes, 18 vctlng Nay, 2 voting Present. Senate Bill 1669, having received the required constitutional amendment (sicl, and the Senate does concur with House Amendment No . 4 to Senate Bill 1669, and the measure is passed. Senator Barkhausen: can you handle Senate Pill 1684 (s1g) for me? Supplemental Calendar No. l is Senate Biàl 1648. Senator Barkhausen. Read the motion, Mr. Secretary. SECRETARV HARRY: I mov'e to concur with the House in the adoption of their amendment, Amendment No. 1, tc Senate Bi11 1648. Flled by Senator DeAngelis. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Barkhausen. SENATOR BARKHAUSEN : 1 Thankyou,Mr. President, or maybe I should say, ycudre 1 welcome. Havinghandledthisbillincommitteeacoupleoftimesw ! E this is language that clarifies the publication requtrements of State banks with regard to their call -- what's referred to as i their ''callff informationy and basically means the financial f condition of State banks. And the House amendment basically I I 1 64 ! I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE QRANSCRTPT 109th Legislative Day May 21, 1996 leaves it up to the Commlssioner of Banks and Trusts to determine what information will be published on an annual basisy and will -- it will have to be published within sixty days after the Conmissioner issues his call for the fourth quarter report. I'd ' be glad to ansver your questions; otherwise, recomaend eoncurrence in this amendment and passage of the bill. : PRESIDING OFFICER: (SENATOR DeANGELIS) The questlon is, shall the Senate concur in Rouse Amendment No. 1 on Senate Bill 1648. All those in favor will vote Aye. The @ opposed will vote No. And the voting is noW open. Have all voted who wish? Have all voted kho Wish? Have a11 voted who wish? Take . . the record. On that guestion, there are 57 Ayesz none votin: Nayz 1 ! none voting Present. The Senate does concur in House Amendment ! ! constitutionalmajority,isdeclaredpassed. CcmmitteeReports. J SECRETARX HARRY: l Senator Weaver, Chair of the Committee on Rules, reports the l following Legislative Measures have been assigned: Referred to the I Committee on Commerce and Tndustry - the moticn to concur with ! House Amendment 3 to Senate Bill l1; to the ' Committee on Education j - the 'motion to recede from Senate Amendment l to Rouse Bl11 2651: to the -- re-referred from the Education Committee to the Rules Comnittee - House Joint Resolutton 98; referred to the Committee . / on Executive - House Joint Resolution 92; to the Committee on : Judiciary - the motion to recede from Senate Amendment 4 to House Bill 347: ko the Committee on Local Governmenb and Elections - the l motion to recedefromSenateAmendment2toHouseBi112529)and f : Be Approved for Consideratlon - Hcuse Jolnt Resolution 98. I ! PRESIDING OFFICER: (SENATOR DeANGELIS) What purpose does Senator Fawell seek recognition? ' I SENATOR FAWELL: : For the purpose of an announcement. ! j 65 ! I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l: 1996

PRESIDING OFFICER: (SENATOR DeAHGELIS) State your announcemene.

The Transportation Committee Will meet at 2 o'clock in Room A-l. We have, I believe, just one or two amendments for concurrence . I PRESIDING OFFICER: (SENATOR DeANGELIS) I Mr. Secretary, have there been any motions filed? sEcRETaRv uARRy: j I Yes, Mr. President. Senator Hendon has filed a motion with rvspect to senate Resolution 212, and Senator Lauzen has filed a E motion w1th respect to Senate Bill 1490. f !

PRESIDING OFFICER: (SENATOR DeANGELIS) Mr. vsecretaryr the Chair requests thak these motions be I i printed on the Calendar. So ordered. Senator Demuzioy I will I recognize you in just a minute. Sçnator Demuzio, the very anxious : senator Demuzio. J I SENATOR DEMUZIO: I I Well that Was much shorter than a ninuter so I don't know what I kind of clock -- watch ycudre wearing. te* me -- as a matter of f co'ntinuing my parliamentary inquiry of this morning: Senator I I Lauzen 's Billr 1490r he made a motion to postpone khe vote, and j 1 then later it Was non-concurred. Can you skralghten out just ' ' j exactly what happened? !

PRESIDING OFFICER: (SENATOR DeANCELIS) E . . . Demuzio, the Chair dld noE recognize Lhe postponed l consideration motion. They did recognize the non-concur motion, ! and he has since then filed another motion. Senator Demuzio. SENATOR DEMUZIO 1 : ! Well, that's a11 uell and good, but the gentleman moved to j i non-concur; there was a non-concurrence; it's no longer kithin the . . l purview of the Senate. The Message has already left; it's over in I 66  STAQE OF ILLINOIS 89TH GENENAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 khe House. The bill's not even before us.

PRESIDING OFFICER: (SENATOR DeANGELIS) .p. you still -- okay. Senator Demuzio wants to finish his sentence.

No, I I posed the question to you. I wank -- I Would like to have an answer. The fact of khe natker was that the qentleman then moved ko non-concur. The -- the Senate non-concurred, and it's not before us any longer.. The Message, I am told, was gone, left the -- left the Senate, is noW in the House. It's not even before our purview anymore. It's not in our lurisdiction any longer. Is the is the Message still here? Had it ever left?

PRESIDING OFFICER: (SENATOR DeANGELIS) Yes, it -- yes, it is, and he filed a subsequent Moeion, if you heard what I said. The motion Was to reconsider. Senator Demuzio.

Let me ask you: Who filed the motion to reconsider?

PRESIDING OFFICER: (SENATOR DeANGELIS) He -- filed the motion.

He...

PRESIDING OFFICER: (SENATOR DeANGELIS) He made the motion to non-concur, Whtch waG the prevailing side, so then he could file a motion after that to reconsider. Senator Demuzio.

So he is now reconsidering the non-concurrence motion that he made.

PRESIDING OFFICER: (SENATOR DeANGELIS) That is correct, Senator Demuzio. Senator Cronin. 67  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSEON SENATE TRANSCRIPT 109th Legislative Day May 21, 1996

Thank you, Mr. President. rise for purposes of an announcement. The Senate Education Committee shall meet at 2 p .m. in about an hour - 2 o'clock, in Room 400. Thank you.

PRESIDING OPPICER: (SENATOR DeANGELIS) Senator Parker.

Thank you, Mr. President. rise for the purpose for an announcement. The Public Health and Welfare Committee meeL tomorrow in Room 2-A (sicl (A-1), ae 8 o'clock in the morning. Thank you.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Demuzlo, for what reason do you seek recognition again?

On a -- continuing my parliamentary inquiry. Was the motion to reconsider made in writing?

PRESIDING OFFICER: (SENATOR DeANGELIS) Yes. Senator Cullerton.

Thank you, Mr. Prestdent.

PRESIDING OFFICER: (SENATOR DeANGELIS) Just a seccnd. Well, leave your light on, Senator Demuzior if you want to speak.

Mr. President, followlng up Nith Senaeor Demuzio's inquiry, belleve if you check the -- the rules on reconslderation, it says ''A member Who voted on the prevailing side of a record vote on a legislative measure still kithin the control of the Senate may on the sane or following day move to reconsider the vote.'' Now; unfortunately for Senator Lauzenr he did not have a record vote. Therefore, there's no Way of knowing Whether or not he voted on 68  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 109:h Leiislative Day May 2l: 1996 ! I the prevailing side. As a resultr you cannot reconsider that motion,becauseitspecificallysays'arecordvote''. f PRESIDINGOFFICER: (SENATORDeANGELIS) j SenatorCullerton,Iknow thatyou're of recent vintage in J this Chamber, but When Senator Rock Was President, and subsequent to that, we always reccgnized a voice vote as a recorded vote. It I has always been traditional and a custom of the Seaate to do that. Senator Marpiel. A11 right. Just a -- okay. Senator Cullerton. 1 I

I Could you then tell mer what is the difference between a I record vote and a non-record vsbe? Because the rule speclfically I says you can only move to reconsider on the prevailing side of a I record vote. And it's the rules that - althouqh I am new to the Chanber - the rules that we -- you draftedy your Party drafted and ! I voted against. I PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Demuzio. ! SENATOR DEMUZIO : ? Welly let -- let me pose this questiony if I night. First of I all: I would like to have a roll call on the gentleman's motion to ! reconsider. But let's assume for à moment - forgetting that - ! let's assume for a moment that -- that the gentleman's motion of ! non-concurrence is before us, that he reconsidered - okay? - back l I on the Calendar. Does he have to now move to reccnsider the -- I the vote of *he -- of the concurrence motion that he made ! originally, or is it just back cn the Calendar and he's -- he can I file on the motion aqain? Is that -- you want to straighten that I out for me? I

PRESIDING OFFICER: (SENATOR DeANGELIS) 7 . Senator Demuzio, that motion will be on the Calendar, and we I will vote on ik on the approprlate time. The motion to ' . I reconsider. Senaeor Karplel. 1 . ! 69 f  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 109th Legislative Day May 2l, 1996 SENATOR KARPIEL: I i Thank you, Mr. President. I just rise to make an announeement I - that there Will be a meeting of the Executive Committee tomorrow : ? morning at 8 o 'clock, in Room 212. Sor a1l Members, please don 't I forget our early hour tomorrow - 8 o'clock in the morning: Rocm j 212, Exeeutive Commlttee. Thank you. 1 ! PRESIDING OFFICER: (SENATOR DeANGELIS) I The Senate is reeessed till the call of the Chair. The Senate ! is recessed till the call of the Chair. I ! (SENATE STANDS IN RECESS) (SENATE RECONVEHES) PRESIDING OPFICER/ (SENATOR WEAVER) . .. Will be in order. Committee Reports.

E SenaEor Fawellr Chair of the Commlttee on Transpartation, reports Senate Bill 350, the motion to concur kith House Amendment l Be Adopted; Senate Bill 363, the metion to ccncur with House Amendment l Be Adopted; and Senate Bill 1769, the motion to concur with House Amendments 1 and 2 Be Adopted. Senator Cronin, Chair of the Committee on Educattony reports House Joint Resolution 71 Be Adoptedr as Amended; Senate Bill l8, ! the motion to coneur with House Amendment l Be Adopted; House Bill 2651, the motion to recede from Senate Amendment 1 Be Adopted; and House Bill 3052: the motion to recede from Senate Amendnent l Be Adopted . And Senator Butler, Chair of the Committee on Commerce and Industry, 'reports Senate Bill 11r the notion to concur with House i I 70 I I 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l' 1996 E Amendment 3 Be Adopted. I

PRESIDING OFFICER: (SENATOR WEAVER) Resolutions. I . ( SECRETARY HARRY: j Senate Resolution 222, offered by Senators Dillard and Petka. I ! It's substantive, Mr. President. I PRESIDING OFFICER: (SENATOR DONAHUE) l I .. . requests that al1 Members within my voice -- hearing of my ! voicer please come to the Floor. Wedre prepared to do final ! ! actlon. Please come to the Flcor. Senator Demuzior what purpose ! do you seek recognltion? ! SENATOR DEMUZIO : . 1 ! I -- I just Wanted to ask a question. Sinee welre plannin: on ! adjourning tomorrow, I was wondering if anybody was going to show ! I us a budget. It's 4 o'clock, the day befare adjournmentr and we ! haven't seen anything, and we're very anxious to help out in any ! . I Way we can, but we don't know what to help out with because We ! haven't seen anythlnq. And I Was wondering...if you could convey : ! to -- to -- to somebody -- maybe Stanley Weaver standing up over therey he could enlighten me. ; PRESIDING OFFICER: (SENATOR DONAHUE) ' I Senator Weaver. SENATOR WEAVER: i E 1111 bring you over a copy. PRESIDING OFFICER: (SENATOR DONAHUE) . SPZZLOV DCEU2iO. ' SENATOR DEMUZIO : , This yearz or next? Last year's.

May I have your attention for one minute, please? Standing here on my left is Billy O 'Connellr who ls a dear, dear, long old frlend. We have a 1ot in common. Hefs Irish-catholic Democratr 71  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 I and I'm a German-polish Republican. But ke lre both verye very ! conservative. And believe it or not,when I first came down here j after the at-large election, T think Bill had been here tWc years before me. But ue've had a 1ot of beers together, a 1ot of fun together. And I can remember - and 1'm not sure w7 1at year it was, 1 : I because it was a battle between Senator Hawkinson, and the 1 Democrats' candidate's name was Cassidy. And, if I remember I right, I kas over in Peoria campaigning for Senator Hawkinson. ( I Senator Hawkinson said, ''Please don't come baek, you probably lost I ne about five or six hundred votes.' I'm not sure if I ever went 1 I back to his district agatn. But anyway, after we had spent khls ! - - I think a day and a half or two days, Billy and I had a few. l l pops in the local bar - Pere Marquette, if I remember correctly. ! And, of course, we had a few more and a feW more, and then we got ! ! to -- to betting in regards to who was going to be the Senator ! from that district. And, of course, I was very high on Senator I . I Hawkinson, and we made a fifty-dollar bet. And, of course, I won I that bet. And so I -- he gave me a check dated December 11th, ! 1986. Now, Idve never cashed that cheek. So I thought it would ! i be very apropos .if I would frame this check and give it .back to 1 him with a feu little notes on the bottom. Sc, at this polntr ! I Billy, it's been fun. You have been great. You typify what is ! good in the media. I I MR. BELL O bCONNELL: I ' (Remarks by Mr. Bill O'Connell) ! PRESIDING OPFICER: (SENATOR DONAHUE) I I We have Supplemental Calendar No. 2. We have a number of 1 notions to concur. First up will be Senate Bill 350. Senator ? I Klemm . Mr. Secretary. ! SECRETARY HARRY: j I move eo concur W1th the House in the adoption of their 1 ! amendment, Amendment No. 1, to Senate Bill 350. C 72 1 . I  STATE OF ILLIROIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Leglslative Day May 2l, 1996 Filed by Senator Klemm .

PRESIDINC OFFICER: (SENATOR DONAHUE) Senator Klemm. SENATOR RLEMM: j I Thank youe Madam President and Ladles and Centlemen of the I senate. Amendment No. l to senate Bill 350 is to accommodate the ! ! representatives down in southern Illinois, because it creates the I 1 Southern Illinois Tourism Development Board. We had discussed I this before, which allows the Illinols -- Southern Illinois f I Tourism Development Board to create a special license plate so I that they would have additional fees to -- in order to have some ! distribuEion to local governments, tourism marketin: entities and ! nonproflt organizations and corporations ' to help proncte southern j Illinois. And I think for nost of us who've been to that area ' 1 realizes that this certainly would be a good opportunity for them to cleate and develop tourisn in that vital area. And this bill I ! was at the request of the legislators from ehat arear and T do ask 1 fCV MCRV SC/MOCY* i I PRESIDING OFFICER: (SENATOR DDDYCZ) ; Is there' any discusslon? Senator Demuzio . . . 4 j SENATOR DEMUZIO: ! I Senator Klemm: I notice that the southern Illinois -- kho -- I who made up the definition of southern Illinois? I notice that a ! I couple of my counties, for exampler are in Lhis bill and several . 1 of them are out. For example, you pick up Calhoun, Jersey, I 1 Madison, and I see you pick up -- then you go down to further I south and then you sort of expand over from west to east. But ! I rhat happened to counties like Macoupin and Montgomery and I counties like that? I mean, I don't quarrel with what youbre 1 I doingr but I quarrel With the counties that you left out that are I not going to be participating ln this pot of money that they re I attempting to develop for tourism. I I 73 I I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Leglslative Day May 2l, 1996

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemp . ! SEXATOR KLEMM : ' I Well, I -- 1 don't really know Were the counties came from in . the first place. Senator -- or, Representative Hartke and Representative Tenhouse and -- those were the individuals who made this up originally, came to the request of our committee, and we supported it. Now, Ifm sure you can expand it next year if you wish to become part of it. We had debated and talked about this on the Floor of the Senate before, and so therefore it's not a new issue, so I'n not sure how I can accommodate you at this point in time. .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio .

Will -- Will a1l of the plates -- license plates that are sold in these counties, will they al1 be sold at a certain location wlthin the county? Or how do you -- how -- who's golng to determine how much money is going to be generated from this sale of these plates and how much that's going to go baek to those counties? Who determines thaty the Seeretary of State?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Elemm .

Yes, it's Secretary of State.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not: Senator Klemm moves ko concur in House Amendment No. l to Senate Bill 350. All those in favor will vote Aye. Opposed will vote Nay. And the voeing is , open. Have a11 voted who wish? Have a1l voted uho Wish? Have all voted who wish? Take the record. On that question: there are 53 Ayesr no Nays, none voting Present. And the Senate does concur 74  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2lr 1996 in House Amendment No. l to Senate Bill 350. Now Senator Klemm I moves to non-concur in House Amendments Nc. 2 and 3 to Senate Bill 350. Is there any discussion? Senator Rarpiel. SENATOR KARPIEL: / Next bill. I PRESIDIKG OFFICER: (SENATOR DUDYCZ) I If there's no further discusston, all those in favor, say Aye. I I Opposed, Nay. The Ayes have 1t. The motion carrtes and the I 1 Secretary shall so inform the House. Middle of Supplemental 1 ' Calendar No. 2 is Senate Bill 363, Concurrence. Secretary 's Desk, j I Concurrencer Senate Bill 363. Mr. Secretary, read the bill. . I I SECRETARY HARRY: 1 I move to concur With the House in the adoption af their 1 I amendment, Amendment No. 1, to Senate Bill 363. 1 I Offered by Senator Syverson. I PRZSIDING OFFICER: (SENATOR DUDYCZ) I I senikor syverson. I SEN I ATOR SYVERSON: I Thank you, Mr. President. Amendment No. 1 just makes some I f teehnical changes to the bill. I know af no objection. I would just ask for a favorable roll call. ' ' I f

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

yes. Would the sponsor yield? l PRESIDINGOFPICER: (SENATORDUDYCZ) 1 Sponsor lndicaees he will yield. Senator Cullerton. /

rs this the amendment that took out the word Hjunked''? / I PRESIDINC OFFICER: (SENATOR DUDYCZ) j ) Senator Syverson. I SENATOR SYVERSON: I 1 I 75 I 1 ï  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 j 1 f ïes. Takes out the word ''junking or''. j ; PRESIDING OFFICER: (SENATOR DUDYCZ) 1 S 1 enator Cullerton. ? SENATOR CULLERTON: 1 1 WPYZ' iz bhC**pCOQmibbCPy Qh6F6 WZS Z SQMMPSViOR VhZU bhis WZS 1 I technical and we just send it out to the Fkoor. T Wasn't certain, I ! because -- you know, there's a differenee between removing the I ! word junked. It means the -- it might have been substantive. So I I it dld go to the Transportation Committee. And it's my ! I understanding is that it is substantive. Now, I'm not saying I'm I I opposed to it; I'm just wondering if you could explain what ' it I does, because I thënk it's more than just technical. 1 I PRESIDING OFFICER: (SENATOR DUDYCZ) i . I senator syverson. i , f

1 purpose was just to clarify the -- the original billr and ... I it clarifies that a person may purchase a junked vehicle.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton.

Well. let me just see if I -- if ny analysis is correct. This amendment is the initiative -- of an auto auctioning company in Rockford. The underlying bill concerns a sale by auetion of motor vehicles: and current laW only allows vehicles for which a junkinq or salvaqe certificate has been issued to be auctioned to licensed rebuilders, automotive parts recyclers, scrap processorsr or out-of-state salvage buyers. The amendment would allow junked ' cars to be auctioned to anyone. NoW that to me -- and againw I'a not saying I'm opposed to ik, but could you at least go beyond I describing it as a technical amendment, or a clarifying amendment? l I PRESIDING OFFICER: (SENATOR DUDYCZ) f . I Senator Syverson. I i I . 76  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996

That was the intent of the original bill. And so, that's the way it was -- that's the way it was dlscussed; that's the way was passed. And so, if think that clarifies what We were trylnq to do in the initial -- in the initial bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? Senator Demuzio.

Well thank you, Mr. Presldent. I -- I really -- I'm really amazed by this process. The last bill was speclal license plates for southern Illinois. This plate (sic) deals With junking.. The next one deals with special license plates. It's 4:15 the day before we adjourn. We've yet to see the the budget. When are we qolng to do something substantive around here for the people of Illinois and get -- get serious about -- about this Session? This is all dilatory stuff.

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

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

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor lndicates he will yield. Senator Woodyard.

Senator, I -- again, I don't have any problem With thls thingz but do you have any idea what position of the auto recyclers' association would be after Ehis amendment on the bill?

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Syverson.

They are neutral on the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Syverson, to close. 77  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996

Just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DUDYCZ) This is final action. The question is, shall shall the Senate concur in House Amendment No. to Senate Bill 363. A11 those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted Who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 55 Ayes, l Nay, none votlng Present, and the Senate does concur ln House Amendment No . 1 to Senate Bill 363. And the bill, having received the requlred congtitutional majority, is declared passed. ...order of Secretary's Desk, Concurrence, Senate Bills. Senate Bill 1769. Mr. Secretary, read the motion.

move to concur with the House in the adoption of their amendmentsy Amendments 1 and 2, to Senate Bill 1769. Offered by Senator Philip .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel.

Senator Mr. President, I've become the sponsor of this bill today.

PRESIDING OFFICER: (SENATOR DUDYCZ) That's correct. The record Will so reflect it.

Did you --

PRESIDING OFFICER: (SEHATOR DUDYCZ) Senator Karpiel.

Did you call on.me? I'm scrryr I mlssed that. just -- I thought you called Slnator Philip. 78  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 PRESIDING OFFICER: (SENATOR DUDYCZ) Seqator Rarpiel. SENATOR KARPIEL: 1 : A11 right. Thank you. I'm not on the same page as everybody else, I guess. I don't know what's happening . The amendment becomes the bill, Senate (sic) Amendment -- well -- became the bill. And it amends the Alrport Authoritles Act to provide that l an aircraft with a maximum pass (sic) (qross) take-off welght in ë excess of ninety-one thousand pounds may not use the airport facilities at the Dupage County Airport. An exception is provided for emergencies and air shows. :he amendment has an immediate effeetive date. . : PRESIDING OPFICER: (SENATOR DUDYCZ) i I Is there any discussion? Senator Cullerton. SENATOR CULLERTON: Senator, unfortunately I kas not in the committeer and I've ' always been interested in the Dupage County Airport. Could -- could you tell me what the -- a little bit of the background on 1 i the amendment, what the significance of the amendment is? PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Karpiel. SENATOR KARPIEL: l Wellz the surrounding communities -- excuse me, of the Dupage i Airport are afraid that with the lengthening of one of their runways, they will be able to be bringing in commerclal aircraft. A weight limit on it -- on *he aircraft would provide that large i i executive -- jets, such as the one that McDonald's has housed there, and others, will be able Eo go into the airport, but not commercial airline. PRESIDING OFFICER: (SENATOR DUDYCZ) I S I enator Cullerèon. r SENATOR CULLERTON: 79 i  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 So the intent then is to prohibit or limit the size of the aircraft that can land at this -- at this particular alrport. Is there any way to enforce this?

PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Karpiel.

Well, Senatory first of ally you have to take both of these amendments, No . as well as to make a little bit more sense ou* of the bill, but as far as penaltiesr there are none. Basically, -- I don't believe there's a way to enforce it, if except that is showing -- by passing this bill, is showing the policy of the State and the intent of the State in what can -- the -- the planes that can land at the Dupage Airport.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Tf notr the questlon is, shall the Senate concur in House Amendment No. -- Amendments No. 1 and 2 to Senate Bill 1769. A11 those in favor will vcte Aye. Opposed Wl11 vote Nay. And the voting is open. Have all voted Who wish? Have a11 voted who wish? Have a1l voted Who wish? Take the record. On that question, there are 51 Ayes, Nays, none voting Present, and the Senate does concur in House Amendments No. and to Senate Bill 1769. And the bill, having recelved the required constitutional majority, is declared passed. If you turn your attention to Supplenental Calendar No . whieh has been distrlbuted and has been placed on every Members' desk, we will stay on the Order of Secretary 's Desk, Concurrence, Senate Bills. Senate Bl11 11. Mr. Secretary, read the motion.

I move to concur with the House in their adoption of Amendment No. 3 to Senate Bill Offered by Senator Butler.

PRESIDING OFFICER: (SENATOR DUDYCZ) 80  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 109th Legislative Day May 21, 1996 Senator Butler.

Thank -- thank you, Mr. President. House Amendment No. 3 to Senate Bill 11 moves the speed bumps in the Illinois Unemployment i - - Tnsurance Act from 1997 to 1998. You will recall that ln 1992, When business and labor mety they -- to negotiate ehanges ln the -- in the UI Act, they included these speed bumps, which was a -- which was a -- an effort on their part to force themselves to review the Act this year: 1996. By delaying the speed bump l ! provision for one year, there is an eighty-three-million-dollar savings in taxes and workers would receivq seventy-three million dollars more in benefits. This means, then; that the labor and management will get together to decide on the future of the -- of the UI Act. I know of no appcsition to this and I would urge your I concu rrence .

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Garcia . SENATOR GARCIA : i Thank you, Mr. President. I rise in support of this bill, because given the current circumstances, it's probably the best deal that we can craft for working men and W'omen in this State. And I look forward to working with Senator Butler and the Members of the Committee on Commerce and Industry, sc that in 1998, we might be able to do even better. Thank you. !

PRESIDING OFFICER: (SENATOR DUDYCZ) Any furbher discussëon? Senabor Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question? l i PRESIDING OFFICER: (SENATOR DUDVCZ) ; Sponsor indicates he will yteld. Senator Jacobs.

81  I l i STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 ! Senator, this bill is probably golng to fly out of here, bue Ilve just got one question that sort of bothers me. It -- it appears to me that we removed - and I state ''removed'' - one speed bump, which give business a two-hundred-and-fifty-, two-hundred-and-seventy-flve-million-dollar hit -- a savings, I should say. And here we had the opportunity, and I thought that was part of the agreementr that we were going to remove - not delay - the other speed bump, which would have put the laboring man and woman back on the -- the same track. And it appears to me that a1l Wedre really doing with this is playlng -- playlng games. I -- I do agree With Senator Garcia. Jt's probably the only show in town and therefore it's Worthy of our support, but it just does raise that question. Can you tell -- tell me why you did not remove the speed bump, rather delayed the speed bump? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler. SENATOR BUTLER: Well, first of all, this is nct a two-hundred-and-fifty-million-dollar bump, so eo speak; it's eighty-three million dollars, and at the same time, Workers would receive seventy-three million. I think -- khat essentially we're doing here is just agreeing w1th the procedure whereby nanagement and labor sit down together and make decisions on issues like this. I don't see it any -- you knowr any partlcular reason why we should go around that -- that method. PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Jacobs. SENATOR JACOBS: Wellr Senator, in fact: the rirst removal of the speed bump was a savlngs to buslness of *wo hundred and seventy-five nillion dollarsz and that Was done arbitrarily without getting together. This just continually, to me# contlnuez to show that for some 82  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 reason we have trouble on the other side of the aisle gettlng full commitment from that side of the aisle to help working men and women of thls State. thlnk Ehat's further amplified, Senator, by the fact that you have another blll, which I talked about the other day, with the rate adjustment fund, which you're just leaving out there in the ccld. You 're turning your back on the workin: men and women of this State. And know that you're at least trying to position this bill to where you can negotiate next year. But think would have been the best interests of working men and women of this State if you would have just removed the speed bump ncw.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not, Senator Butler, to close.

Just in response: We did not remove a speed bump, Senator. You will recallz we reduced it because there -- there was such a high surplus in the fund. Nor I -- believe this is in accordance with the long-standing agreement between labor and management .and we should respect thelr wishes. I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) Thls is final action. The -- the question is, shall the Senate concur House Amendment No . 3 to Senate Bill A1l those in favor will vote Aye. Opposed w111 vote Nay. And the voking is open. Have a11 voted who wlsh? Have all voted who Nish? Have a1l voted who wish? Take the record. On that question, there are 57 Ayes, no Naysy none votlng Present. And the Senate does concur in House Amendment No. 3 to Senate Bill l1. And the bill, having received the required constitutional majcrity, is declared passed. Senate Bill 18. Mr. Secretary, read the motion.

83  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' 109th Legislative Day May 21, 1996 I move to concur with the House in the adoption of their amendmene, Amendment No . 1, to Senate Bill l8. Filed by Senator O 'Malley. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O'Malley. SENATOR O 'MALLEY: Thank youy Mr. President. House Amendment No. 1 to Senate Bill 18, I have moved to concur with. It was heard in committee earlier today. Essentially what it doesr it allows any unit district with an EAV of less than twenty-four million in 1995 to increase its debt limit, provided the increased debt is apprcved by voters at a .front-door referendum. The amendment is intended to asstst the Mount Carroll school district in Senator Sieben's area and, again, applies to any unlt district with less than twenty-four million dollars of -- of EAV; and with front-door referendum . I'd be happy to answer any questions there may be, and I know that Senator Sieben is prepared to, and I nay yield to ' him, dependlng on the questions. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Jacobs. SENATOR JAcoBs: ' Thank you, Mr. President, Ladies and Gentlemen of the Senate. I know we did somethlng last year for Mount Carroll -- one of the Mount Carroll schools. But, agaln, here we go . It's -- it's one of those issues and -- and, Toddz you know I'm willing to help you With khat's necessary in the Mount Carroll schools. But here we -- we -- we come down here. The other side of the aisle talks about -- in particular about tax caps, about ensuring that -- that our -- our people don't have the opportunity to incur more debt. And this is an open invitation to incur more debt upon the local . property tax owners. If -- if the Senator from that district is willing to do that, I guess I don't have a 1ot of objections, but 84  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 it other than the fact that, againr it flies ln the face, in my opinion, of khe overall phllcsophy that we have been hearing that we should have tax caps, we should control spendlng: we should control spending on the local level. And we are giving those voters whether it be a front-door referendum or not, Wedre giving that school district an opportunlty to extend its tax cap in order to be able to -- to fund a project. And I Would like to hear Senator Sleben's response to that.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any fureher discussion? Senaeor Sieben.

Thank you very much. And, Senator Jacobsz in response to your commehts, this certainly has to be the ultimate in local control, to allow the school board to assess the needs cf that school district to replace fifty- and sixty- and seventy-year-old school buildings with new buildingsr and then with the schcol board makin: that decision, to then put that question on the ballot for the voters in that school district and allow the people that are going to have to pay that property tax the opportunity to vote yes or not, whether theyfll agree to that level of debtr ln order to provide a quality educat'ion for the students in that district. This is a critical issue not just in Mount Carrolly bu* in many rural downstate school dtstricts that have 1oW assessed valuations from which to draw the -- the tax sources eo replace disintegrating, old buildings. So, I believe that the right vote here ls Yes. Le* the people have the right to vote to -- to replace these buildings wieh a front-docr referendum.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any fureher discussion? Senator Demuzlo. be: your pardon. Senator Jacobs.

Thank you. SenaEor, that sounds preEty much like ehe same 85  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 argument that Governor Edgar used for his constitueional amendment, which ue Were unable to find a 1ot of support for in I this Body and on the other side of the Rotunda. Butr againy my point rematns the same, that -- are we going to allow a11 school districts the opportunity for local self-governnent? And the 5 answer that we are trying to take to that, With tax caps and everything, is, nor we're not. But yet, this, to me, flies ln the . face of that same premise, that we uant to control the spending on the local basis because we don't feel local government can do it well enough on their ownr and here's a case Where We're going to give them the opportunit ' y. It just seens ta be a contradictlan to j mey Senator. END OF TAPE ! .

PRESIDING OFFICER: (SENATOR DUDYCZ) Any furEher discussion? Senator Berman. SENATOR BERMAN: ' I Thank you, Mr. President. Wiehln the last hour we debated this issue in the Education Committee. And I have no problem, or I had no problen - I should put it that way - I had no problem with ! what Senator Sieben was trying to do here, but the hypocrisy of the votes in that committee have to be brought to the attention of I this Floor. Senator Steben stands up here and says that he wants this amendment adopted -- the bill adopted so that the people in Mount Carroll can go to the polls and decide what they Want to do re:arding their local schools. And from the other side of the aisle, I hear local control - local control. And yet, there Were 86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 8aY 1996 two bills -- two issues presented to the Education Commiteee at the same time that this issue Was debated . But they didn 't affect Mount Carroll. They didn't affect a downstate school district. They affected Chicago. Chieago needed 1ts own fiscal year. Tt's a bookkeeping procedure, and Senator Sieben voted Noy because he wants Springfield to dictate whatls the approprlate fiscal year for Chlcago . Chicago Wanted to decide whether their children would be safer by not being in school on general election days, when everybody uses the schools as polling places. And that was the decision of the Chicago Board of Education. But there's a bill before the cpmmittee that Springfield says Chicago must keep the schools open on election days, and Senator Sieben voted that Springfield should tell Chlcago sehools when they should be open and ' not . So welre talking out of two sldes of our mouth - when it comes to school districts oukside of Chicago, local control; when it comes to Chicagor Sprinqfield controls. Until hear an explanation of why that two different policies should be exercisedz I nust vote No.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I -- I feel compelled to respond. As Senator -- my esteemed colleague from the ather side of the aisle knows that there is a story - a long story to tell about both of those issues. There's been a 1ot of history down here in Springfield that deals with the problems of the City of Chicago and the Chicago schcols. And we know that Chicago schools have some unique problems. Unique problems require unique solutions. The fiscal year policy that was established down here was implemented at a time When the Chicago publtc schools were under the threat of strikes and there was a constant problem of fiscal mismanagement. We wanted to 87  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 109th Leglslative Day May 2lr 1996 inplement that change to force the Chicago schools to get their house in order earlier, rather than later. Yes, we do have a new management team in place, but we think the policy is still justified. Secondly, you tell mer Senator Berman: What other school district in the entire State of Illinois takes electton day off to accommodate the precinct workers at the polling place? You tell ne. Once againy Chicago is unique; they require unique solutions.

PRESIDJNG OFFICER: (SENATOR DUDZCZ) Any further dlscussion? Senator Berman, for a second time. SENATOR BERMANI . Thank you. First of all, I want to correct -- Mr. Chairman, I want to correct your statement. Regardtng the State -- the State's mandate that Chicago change its fiscal year, House Bill 206: which you take great credit in creating the new management team in Chicago, and Gary Chico and Paul Vallas - and they are doing a great job - but they were not asked if it made sense to chanse the fiscal year. Number one. Number two, the fiscal year change made no sense because in the billr House Bill 206, a strike was prohibited for eighteen months, number oner and number two, with the contract that the new management team entered intor it was a four-year contract. so the ehange in fiscal year makes no sense. But you don't want to listen to that. You still want to dictate what Chicago has to do. If Chicagc, because of the volume of voters, decides that the schoolchlldren will be safer by not openlng schools on general electlon day, Ehat's bheir decision. You're not responsible to the voters of Chicago' Senator Cronin. I am. The Chicago Board that's appointed by the Mayor, elected by the citizens of Chicago, is. And it's outraqeous - outrageous - for this Body to dictate silly - silly - rules that have no impact. It doesn't cost the State a dime, as to the fiscal year of Chlcaqo - not one dime. And *he -- and the management team 88  STATE OF ILLINOIS ! 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 thak you embrace, take great credit for their aceomplishments, they've asked for this. We've had it in four different bills; and yet, you, the Republicans, refuse to accommodate - accommcdate - the request of that leadership team. Shame on you. And I urge a Ne vote. PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? Senator Sieben, for a second tlme. SENATOR SIEBEN: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Just to point out that the original Senate version of this bill was contaiped in Senate Bill 1854. When it was sent to the House, . they saw fit to make some changes in it, held that bill in Rules Committeez so -- the original bill that the majority of you voted on on March 25th. So those of you that are concerned about consistency in your votlng record, I just looked it up here and this -- this original version of this bill, even thouçh it's changed a little in ehe House verslon here, passed on 48 to 3 to 2 vote. So, we're not doing anything different. And unfortunately, this has become a launching pad for a lot of debates on other issues relative to schools and education reform. But the underlying issue here, we did vote for this 48 to 3, and I would ask for an Aye vote again. PRESIDING OPFICER: (SENATOR DUDXCZ) Is there any further discussion? ff noty Senator O 'Malley, to close. SENATOR O 'MALLEY: Agatn, thank you, Mr. President. I guess a lot of people felt compelled to respond or make comment here, and whether the things 1 that they were -- brought up were -- are related to this particular legislation or not I guess are in the eyes and ears of those people who have listened or made remarks. But I would say this, that on the tuo issues that Senator Berman brought up, and 89  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 1996 he has felt very stron:ly abaut one in particular and certainly has a position on the other oner I was in committee as well tcday, and while I agreed with him on one, did no* agree with h1n on the other. As to the substantive leglslation ihat is before us, however, I do want ko say that thlnk completely consistent With limitations, ln ehae it allows, or requires, a front-door referendum. And again, I think -- as a strong proponent for loeal control, I think this certainly consistent with local control. understand and appreciate Senator Berman's concerns. I would ask, however, that -- that those -- those issues be resolved with other legislation and that we constdey supporting Senate Bill 18, as amended by the House bill (sicl. I'd appreciate an Aye vote. Thank you .

PRESIDING OFFICER: (SENATOR DUDYCZ) This is final action. The question isr shall the Senate concur in House Amendment No. ta Senate Bill l8. All those in favor k11l vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have a11 voted Who Wish? Have a11 voted pho wish? Take the record. On that question, there are 31 Ayes, 23 Nays, 2 votin: Presenty and -- and the Senate does concur in House Amendment No. to Senate'Bill And the bill, having received the required constitutional majorityw is declared passed. Senator Berman, what purpose do you rise?

I would ask for a verification of the affirmative vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) That request fs fn order. Senaeor Berman has requested a verification. Will a11 Senators be in their seats? The Seeretary Will read the affirmative votes.

The followlng voted in the affirmative: Barkhausen, Bomke, Burzynski, Butler, Cronin, DeAngelis, Dillard, Donahue, Dudycz, 90  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 Fawell, Geo-Raris, Hawkinsonz Jacobsz Rarpiel, Klemm , Luechtefeld, Mahar, Maitland, O 'Malley, Parker, Petersony Petkar Raica, Rauschenberger, Sieben, Syverson, Walsh, Watson, Weaver, Woodyard, and Mr. President.

PRESIDING OFPICER: (SENATOR DUDYCZ) Does Senator Berman question the presence of any Member voting in the afftrmative?

Senaeor Mahar.

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Mahar. Senator Mahar? Is Senator Mahar on the Floor? Serike his name.

Senator Jacobs.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senatpr Jacobs? Is Senator Jacobs on the Floor? Strike hts name. ...verified roll call, the Ayes are 29: the Nays are 23r and those voting Present are 2. Having failed to receive the required constltutional majority, Senate Bill 18 . is declared lost. Senator Demuzio, what purpose do you rtse?

Mr. President, I wculd ltke, very much, to have...

PRESIDING OFPICER: (SENATOR DUDYCZ) I beg your pardon. One second, please, Senator. Senator O'Malley, What purpose do you rise?

Mr. Presidente wedre conferring as to whether or not there's a certain motion that I should make riîht at this time, and -- and have an answer in a second. I'd appreciate everybody 's indulgence.

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Demuzio, what purpose do you rise? 91  STATE OF ILLTNOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 109th Leglslative Day May 21, 1996

Well, on a point of personal privilege.

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.

T want to thank my good and dear friendz Senaeor Weaver: for brinqing over the -- the budget. Howie. This is not quite what we had in mind. We were -- we were wcndering: Are there ang chanqes thae you might want to glve to us? We've read this. We'd like to read the new one.

PRESIDING OFFICER: (SENATOR DUDYCZ) If you turn your Calendars to the middle of -- page l of Supplemental No. 3: on the Order of Secretary's Desk, Ncn-concurrence of House Billsr House Bill 2651. Mr. Secretary, read the motion.

I move to r/cede from Senate Amendment l to House Bill 2651. Offered by Senator Hawkinson. PRESIDING OFFICER; (SENATOR DUDYCZ) Senator Hawkinson.

Thank you, Mr. President. This is not the budget, but it is another education bill. But we will go ahead with it in any event. This is the bill that provides for the Illinois Valley Central distrtct and the Illint Bluffs district, that they can use the prlor year EAV if their EAV is changed downward by nore than twenty percent. We had tried / ln the Senatey to help a couple of ' other districts wieh Senate Amendment No. 1. The House, however, ! refused to go along with us on Senate AmendmentNo 1: and . 1 i reluetantlyr we have moved to recede from Senake Amendment No. 1, Which will restore it to the scope that I just described. I would l . i be happy to try and answer questions; otherwise, I would ask for a ' 92  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2lr 1996 : favorable roll call in our motion to recede from Senate Amendment No. 1 to House Bill 2651.

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Hawklnson has moved that the Senate recede from Senate Amendment No. l to House Bill 2651. Any discussion? This is final action. The questlon is# shall the Senate recede from Senate Amendment No. 1 to House Bill 2651. A1l those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have a1l voted who wish? Have all voted whc wish? Have a11 voted who wish? Take the record. On that question, there are 44 Yeasr 6 Nays, l voting Present. And the Senate does recede from Amendment No. 1 to House Bill 2651: and the bill, having .received the required constttutional majority, is declared passed. House - - House Bill 3052. Mr. Secretary, read the motion. SECRETARY HARRY: ' I move to recede from Senate Amendment 1 to House Bill 3052. I Offered by jenator Raica.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Raica. SENATOR RAICA: . ' Thank you: Mr. President. I move to recede from Amendment No. ' l to House Bill 3052.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Raica has moved to -- that the Senate does recede from Senate Amendment No. 1 to House Bill 3052. Any discussion? Senator Cullerkon. SENATOR CULLERTON: ! Yes. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR DUDYCZ) I Sponsor indicates he will yield. Senator Cullerton. SENATOR CULLERTON: ' . Senatorp I -- I think this is the amendment (sicl (motion) J I ! 93 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 that I alsoy on the Rules Committee, sugqested go back to the Educaeion Committee, because I just uas curious if I could get -- l thought it'd be helpful for the committee to get *he background. I know that you offered this amendment in conmittee. And What you basically did with this amendment Was you took a House blll that you were t:e sponsor of, you made a change to it, you sent it back ! to the Senate (sic), they didn't agree with it, and now you're backing down fron your original amendment. And as I understand E it, this has to do with the issue cf the Chicago schools bein: open on election day. Is that correct, Senator? PRESIDING OFFICER: (SENATOR DUDYCZ) . Senator Raica. ;

Well, he wculd technically be right if he was tellin: the truth . But let's -- let's look at it this way: It was a committee amendment and I didn't offer it. So everything you said up to then was probably true. PRESIDING OFFICER: (SENATOR DUDYCZ) : Senator Cullerton.

Well: if I understand it, the -- the bill that came over from ' ! the House said that the schools, in Chicago only, cannot close on ' the date of general elections. And I guess that the reason why the sponsor, who is from Naperville, passed that is because -- I guess the theory is that the -- the schoolteachers are going to be out working for the Democrats, and we Wouldn't want to have that happen. Now, as it turns out, the -- the real reason Why the schools close is becausey on the general elections. thereds a f bigger voter turnout. I checked my ward to see how many of the ' i fifty polling places were in schools. Eleven of them are - ! twenty-two percent. And in the City of Chicago, especlally in my district, it's very -- parking -- parking is the big issue. Tt's , I 94 : I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21, 1996 more important than anything we do down here. And there's kids going to and from the school. There's a 1ot of people driving to go and vote. And so, they have: apparentlyy decided that that's, again, their right to decide to close down the schools. So you were right, and -- and we were right in adopting the amendment. It's -- you know, it's just a -- a certain paranoiar seems to mey that -- that comes from the other Chamber to want to put this in. We should -- we should refuse to recede, go to a conference committee, and tell her that the rest of the bill is fine, and -- and 1et them close the schools down if they want on -- on electicn day. There is an issue of safety. There -- there is an issue of small, young children being -- there's an issue of space. I meanz there's not enough room a lot of times in the City of Chicago to flnd good polling places. That's why tventy-two percent of my Ward, and in other wards it might even be higher, to -- to -- use the schools. And a lot of then are nultiple polling places a 1ot of them. You know this, from your precincts you have in the City. A lot them are multiple polling places. So just think that, once again, thls is evidence of -- this time of the year, of of real antagonism, and it's not the apprapriate thing to do.

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

Thank you, Mr. President. Ladies and Gentlemen af the Senate, may I point out to you that this House bill had a number of issues in 1t, and when the bill was presented Eo us ln the Eena*e, the Senate Educaticn Committee and then the Floor of the Senate made one change, and that change dealt with whether Chicago must keep their schools open on election day. And we decided, both in committee and on 3rd Reading, that that's a local decision. The House refused to concur in our âmendment. Nowr you're a believer in local control, you should vote No on this motion. 95  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislattve Day May 2l, 1996 : ! Again, the House is dictating how Chicago should run its schools. Now let me tell you a little bit about thls problem. Senator Cullerton talked about it. Let De tell you one other thing: We 're talking about over five hundred buildinqs - five hundred buildings ! -manyofkhich-strikethat-eachofWhich has at least one 1 polling placee and most of them have several. As a -- as a Senator that runs from a district that includes part of Chlcago and part of the suburbs, I say to you, candidate to eandidate, / don't impose a rule from Springfield that will put my voters at I such a disadvantage that five hundred, probably closer to a thousand, polling places are goinq to have to be relpcatedy because it's the decision oftheBoardofEducationinChicago 1 I that in the general election, because of the people - the -- the I - - the strangers to the schools - that walk iny the safety of the r chtldren is compromised. Now that's a local decision. And if you want the House to dictate to us asqto what cught to be a local ; ' decision, you vote yes. If you want to tell the House we did What J was right and don't make Chicago change -- over five hundred I bulldings that are multiply used for a polling place, then vote I No. Ifyou stood up on this Floorand talkedaboutyourhometown f I and a similar mandate by Springfield that imposed this ' on your ! voters, I Would vote with you. I'm asking you to vote with me. Vote No. 1 PRESIDING OFFICER: (SENATOR DUDYCZ) E Any furtherdiscussion? SenatorMolaro. J SENATOR MOLARO: ' Thankyou:Mr.President. SenatorCullertonwastalkingabout 1 the percentage of polling places that were schools. He said I eleven public schools in his distrlct, which were ekenty percent ' - - eleven polling places, ouk of fifty polllng places. What he I ! ! failed to tell vou Was that ,s -- there 's only eleven schools in ''- . f his districts. Al1 *he public schools are used as polling places. 96 l !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT l09eh Legislative Day May 21p 1996 In my district, we have a lot of older businesses, older homes. Phey Weren'b built to -- bO Conform bo the Disabilities ACt. ! Almost al1 of these older buildings, you just can't get up there. The only things that have become handicap accessible are the I I public schools. Now, in most public schools, and those of you from Chicaço or arcund Chicago understand, you don't just have one l polling place; you have tWo and three polling places, two or three I . precincts of fifteen hundred people coming to vote on election day. This isn't an isolated incident, where we're talking abcut ! five or six polling places: five or six schools. So Why are We ! closing the schools? You dre talking about every school having two 2 or three polling places, fifteen hundred adults politickingr coming in and out. The Board of Education has made a decision ! that's very disruptive. It's disruptive for the children, and I it's disruptive of the voters, and lt doesn't make any sense. So 1 they came, they sat down, they have a11 the facts, they look at it . time ln and time out, and they decided to make a policy. Now, we ! come, in Springfield, and maybe for some political declsionr we're l going to say, ''We don't care about the voters or the ! ; sehoolchildren and you people that we put in charge by a bill last ' i year don't know what you're talking about, don't know' what you're j doing.'' And from -- some small political gain, we're going to ! change the rules and put these children and voters at risk. And l E that makes no sense. Let's vote No and get on with the Session. ! Thank you. PRESIDING OFFTCER: (:ENATOR DUDYCZ) I Any further discussion? Senator del Valle. i SENATOR dEL VALLE: ) q Thank you, Mr. President. Senator Molaro touched on one of 1 the things I wanted to bring up, and that is the fact that we have ! sehools with multiple polling places. I can tell you that in my . ! district T have a number lf schools thae have three to four ! 97 I i  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 polling places. But it's not just a matter of -- of the number of i voters that are coming in to that particular school, there's also ) a problem with the fact that many of these schools have lunchroom I cafeterias in the lower level. And so the children, at lunehtime, : have to walk around the adults who are coming to vote - traffic i going in every direction; adults running into children. And in addition to that, ue have presehool classes in the lower level. So you've got four- and five-year-olds running into adults. I -- I think that this is crazy, and that's why we ought to let Chicago do what it feels is best, and that is to make sure that they have the right to close the schocls on qeneral electlon days, when the turnout ls much higher. .

PRESIDING OFFICER: (SENATOR DUDMCZ) Any further discussicn? If notr Senator Raicar to close.

Thank you, Mr. President and Members of the Senate. Most of the schools in the City of Chicago that are the Cakholic schools are open on electlon day. They haven't had a problen, and they have just as many voters going to the school as -- to the polls as do any, if not all, the other polls in the Ctty of Chicago. Therels a police officer in al1 the polls. If we're' talking about people walklng into the sehools and disrupting classesr theyere probably nob going to disrupt classes ln a public school anymore than theyfre disrupted now. I would just ask for an Aye vote on this bill.

PRESIDTNG OFFICER: (SENATOR DUDVCZ) . .. is final actton. The questlon is, shall the Senate recede from Senate Amendment No . 1 to House Bill 3052. A1l those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who wish? Have all voted who wish? Have a1l voted who Wish? Take the reeord. On that questionz there are 31 Ayes, 25 Nays, none voting Present. And the Senate dces recede 98 !'  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 from Amendment No. 1 to House Bill 3052, and ehe bill, having receëved the required constitutional majority, is declared passed. ' Senator Berman, for what purpose do you rise?

Let's have a verlfication of the affirmative vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) That request ls in order. Senator Berman has requeseed a I verification of the affirmative votes. Will a11 Senators be in their seats? The Secretary will read the affirmative votes. ! SECRETARY HARRY: I Following Menbers voted in the affirmative: Barkhausen, ! Bomke, Burzynski, Butler: Cronin, Dehngelisr Dillard, Donahuer ! Dudycz, Fawell, Fitzgerald, Geo-Karis, Hawkinson, Karpiel, Klemmr E Lauzenr Luechtefeld, Mahar, Maitland, Parker, Peterson, Petka, ! Raica, Rauschenbergerz Sieben, Syverson: Walsh, Watson, Weaver, p Woodyard, and Mr. President. I PRESIDING OFFICER: (SENATOR DUDYCZ) q Does Senator Berman questlon the presence of any Member votinç I ! in the affirmative? I SENATOR BERMAN: . senator Lauzen. ' I PRESIDING OFFICER: (SENATOR DUDYCZ) j Senator Lauzen? Senator Lauzen's Sitting -- or: standing j there by President Philip. I I

Senator Walsh. PRESIDINGOFFICER: (SENATORDUDYCZ) J Senator Walsh is in his seat. i

. .. further questions.

PRESIDING OFFICER: (SENATOR DUDYCZ) On a verified roll call, the Ayes are 31, the Nays are 25, I 99 1  STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 l none voting Present. And having received the required I constitutional majority, House Bill 3052 is declared passed. I Supplemental Calendar No. 4 has been distributed. It is sitting on the Members' desks. We kill now go to the Order of Secretary's I Desk, Resolutions, on Supplemental Calendar No. 4. House Joint I Resolution 71. Senaeor Cronin. Mr. Secretary, read ehe ! resolution. ! SECRETARY HARRY: House Joint Resolution 71, offered by Senator Crcnin. The Committee on Educatlon adopted Amendment No . 1. There are no Ploor amendmentsw Mr. President. PRESIDING OPFICERJ (SENATOR DUDYCZ) Senator Cronln. SENATOR CRONIN; Thank you, Mr. Presidenty Ladles and Gentlemen of the Senate. House Jolnt Resolution 71 is the result of lengthy discussions and debate vith Members of the General Assembly from both sides of the ! aisle, various interest groups, local -- locally elected officlals I representing school boards across the State of Illinois. And this I resolution comprlses the -- the recommendations -c or thls ! comprises the denials of the waivers that were sought by various school districts. As you know - as all of you knck - we are 1 l trying to promote local control. We believe in local control. ' iate time to intervene, and we 1 But sometimes tbere s an appropr I think that this is -- this jcint resolution represents those li I mited circumstances. The sun and substance of khe joint resolution are as follows: We have denied a request that would I reinstate corporal punishment from a sehool district downstater l Pope County School Distrtct No. 1. We also have denied a request I ' j in the area -- or a number of requests in the area of the reduction in student attendance time; specifically, a reduction -- ! a request from Sheldon School District 5 to reduce thelr '96-197 ! 100 f  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2lg 1996 school calendar from l76 days to 167 days for purposes of a construction project. We thought that thls was not within the intent of the law; therefore, We are recommendin: ln this legislation that that request be denied. We are also denying a request from Washington school district to reduce the instruction time on days when the IGAP tests are given. Iten three, driver's ed: Request from Elgin U-46 to waive a1l mandates on driver's ed. That request is being denied. Item four, sprinklers: A request from Meridian School District 223 to waive sprinkler requirements due to excesstve cost for installing sprinklers on a kell system and the request from Newark School District 66 for the same reason is belng denied. Item five, accountability: A request from McHenry School District 156 to substitute the North Central Accreditation system for the State school improvement planning process; the request from Mount Prospect School District to exempt its high-performing school fro: the IGAP test; and the request from Mount Prospect to forgo publishing its annual statement of affairs a11 requests are being denied. Next. with the lssue -- with respect to the issue af debt limits: The request from Mount Carroll to raise its debt limit from 13.8 perc/nt of EAV to twenty-five percent without a referendum is being denied, as is the request from Round Lake that seeks to -- increase its debt limtt without referendum - will both be denied. Next; the abolition of township school official: Request from Mount Prospect School District to be denied this resolution. In khe area -- subject af school holidaysk There is a request from the Winfield School District 34 ko waive Martin Luther Klng Day, as well as Lincoln Day, Pulaski, Columbus and Veterans Day. That request is denied. The requesk from Altamont School District 10 to waive Pulaski Day is also being denied. For the record r you should knowr Members -- of the Senatey that the other hundred and four districes who had their holiday waivers 10l  STATE OF ILLINOIS 89TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 i approved by the State Board, these are the cnly tWo districts that would not commit to teaching about the honored person on the actual date of the holiday. That is the logic behind denyins these requests. Nextw in the area of P.E. classes: There were ! several requests to totally waive P.E . from grades R through 12 without any alternatlve program offered, both in the Franklin ! Sehool District No . l and Round Lake School District 116. 80th of ' those requests are bein: denied. In the area of pupil : transportation: There was a request from Elgin U-46 to claim the I i children they transport in the State-runded early chlldhood ! program under the regular transpcrtation reimbursement program. 1 That request is beLng denied. And finally, the request from the I ! - - Chicago to delay the,implementation of the July l/lune 30th ( : fiscal year change until the year 2000 is also being denied. We 1 ask for your favorable consideration. I j PRESIDTNG OFFICER: (SENATOR DUDYCZ) ? Is there any discussion? Senator Berman. I E I SENATOR BERMAN: ! J Thank you, Mr. Presldene. I stand in Support of House Joint ' Resolution 7l, except - I Want the record to show - that we offered in conmittee an anendment' that would have reinstated the ' fiscal year for Chtcago. The representatlve from khe Chicago ) Board of Education testifted that, without that chanqe to go back to a September l fiscal yearz the bookkeeptng mechanism would cost Chicago forty mtllion dollars. That amendment was defeated on a ! partlsan roll call. That prohibitlon is still in here. I Would 1 ask the sponsor, in his clasing remarks, to explain to us why. It doesn't cost the State noney to be on a September l fiscal year. There's a four-year contraet with the teachers. They cannot -- they will not strike; they tve got a four-year contraet. The delay is being asked until the year 2000, which is at -- after the f . four-year ccntract. But for that issue, which I think is 1 l I / l02 I ! I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislatëve Day May 2l, 1996 I ridiculous and punishes to the extent of forty mlllion dollars the - - thenewadministration that my Republican friends like to embrace and take great credit for - you're penalizing ehem and 1 i you 're going to hurt the schoolchildren in Chicago - but for that, therestoftheseissuesareimportantandIwouldurgean -- an 1 Ayevote. f ! PRESAny IDING OFFICER: (SENATORDUDYCZ) further discussion? Senator Walsh. 1 SENATOR WALSH: ' Thank you, Mr. Presldent. Just a -- a quick question of the sponsor. . 1 J PRESIDING OFFICER: (SENATOR DUDYCZ) j : Sponsor indieates he will yield. Senator Walsh. j l ssxaToR wALsH: J One of the provisions in the resolution deals with the -- : abolishing the township school treasurer and township schopl I I trustees for the Mount Prospect public school district,and I Was p ! just wondering what the reason for denying that waiver was. !

PRESIDING OFFICER: (SENATOR DUDYCZ) SenatorCronin. j SENATORcRoNIu: j Senator Walsh, you andIbothsponsoredleçislationthat-- j thathas some impacton this subjectmatter. In thecase of the j i - - Mount Praspect school district, they want to be able to do this ! by way of school board action, rather than voter referendum. The legislation that we sponsored was voter referendum. ! PRESIDING OFFICER: (SENATOR DUDYCZ) 1 ! senator Walsh. I l SENATOR WALSH: ! Can they not do it by -- by school -- the school board can't I ! do that -- can't Waive that, or it has to be done by referendumr I ' ' I would think, and that's the reason for it? Okay. 1 I 103 (  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day MaX 2l, 1996

PRESIDING OFFICER: (SENATOR DUDYCZ) ( Any further dlscussion? Senator Cullerton. ' 1 SENATOR CULLERTON: I ! Yes. Would the sponsor yield? I PRESIDING OFFICER: (SENATOR DUDYCZ) ( Sponsor indicates he will yleld. Senator Cullerton. ! SENATOR CULLERTON ! : : Senator, do you know, since we initiated this waiver 2 proeedure, wheeher or not we have ever changed a riscaz year ,or a ; schoal district? ! PRESIDING OFFICER: (SENATQR DUDYCZ) I Senator Cronin.

Yes. I'm told that We did for the Hononegah School District. !

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton.

! Is that in your seatmate's distriek? : PRESIDING OFFICER: (SENATOR DUDYCZ) I ; Senator Cronin. . : SENATOR CRONIN: I Coincidentally, yes. ! PRESIDING OFFICER: (SENATOR DUDVCZ) 7 Senator Cullerton. ! i

If I sat next to you, maybe we could get the waiver for the ! . Chicago sehool dlstrict. Is it that simple?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin. E SENATOR CRONIN: ; To perpetuate this banter, kould -- I guess the question (sic) isr no , I guess it's not that simple. ! i04 !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2lr 1996 i PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Cronin, to close. SENATOR CRONIN: f E Thank you, Mr. President, Ladies and Gentlemen of the Senate. I I This, as I said, is a culmination of a lot of discussionz debate. 1 . The overwhelming majority of Waivers that Were soughe by local I school districts throughout the State of Illinois were granted. ! We believe that this is consistent with our objective in promoting ! local conerol. In response to Senator Berman 's query, I can only ! offer to him an observaticn that this is a bicameral lesislature with many interested pqrties with a 1ot of influence, and we think i that the policy statement that was nade several years agop encouraging the City of Chicago school system to get their I financial house in order early, is still a good policyr even 1 though the 1aw has changed. And I suspect that We Wi11 revisit ! this issue, and you have my commitmenk to -- to work yith you in I that reqard. Other than that, the -- the bill has many konderful l components, and we ask for your favorable conslderation. I PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Cronin moves the adoption of House Joint Resclutlon I . . 7l. A11 those in favor will vote Aye. Opposed will vote Nay . I i And the voting is open. Have a11 voted Who wish? Have a1l voted I ! who kish? Have a1l voted Who wish? Take the record. On Khat question, there are 54 Ayes, 2 Nays, none voting Present. And the I : resolution is adopted. Motians. Mr. Secretary, have there been any motions filed? ) . I SECRETARY HARRY: ' Ravtng -- Senator Lauzen, Mr. President, has filed a motion with respect to Senate Bill 18. j PRESIDING OFFICER: (SENATOR DUDYCZ) Mr. Secretarye the Chair requests that these motions be ' / printed cn the Calendar. So ordered. ...of Non-concurrence, 1 I I 105 ' )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGPLAR SESSION SENATE TRANSCRIPT 109th Leglslative Day May 2l, 1996 I House Bills. Senator Hawkinson. ' SENATOR HAWKINSON: Thank you ? Mr. President. I filed a motkon to refuse to recede from Senate amendments to House Bill 2529. PRESIDTNG'OFFICER: (SENATOR DUDYCZ) Senakor Hawkinson moves that the Senate refuse to recede from the adoption of Senate Amendments No. 2 to House Bill 2529 and 1 that a conference committee be appointed. A11 those in faMor, say Aye. Opposed, Nay. The Ayes have it. The motion carriesy and the Secretary shall so inform the House. Supplemental Calendar No. l -- or: pardop ner Supplemental Calendar No. 5 has been dlstributed; shouldbeoneveryMember'sdeskbynow. Wewillbe ) going to that order of businessy which is Motions in Wrtting to Reconsider the Vote. Motions in Writing to Reconsider the Votpw Senate Bill l8. Mr. Secretary, read the motion. SECRETARX HARRY: Having voted on the prevailing side, I nove to reconsider the vote by which the motion to concur with House Amendment No. 1 on Senate Bill 18 failed. . Offered by Senator Lauzen. PRESIDING OFFICER: (SENATOR DUDYCZ) Having voted on the prevailing side, Senator Lauzen moves to reeonslder the vote by which Senate Bill 18 uas passed -- failed. . . .Lauzen. SENATOR LAUZEN) ... like to move to reconsider' havlng been on the prevalling side. PRESIDING OFFICER: (SENATOR DUDYCZ) Having voted on the prevailing side, Senator Lauzen moves Lo reeonsider the vote by whlch Senate Bill 18 failed. A11 those in favor Will vote Aye. Opposed Will vcte Nay. And the votkng is open. Have all voted who kish? Have a11 voted Who Wish? Have i 106 J  STATE OF TLLINOTS , 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT I 109th Legislative Day May 21y 1996 I all voted who wish? Take the record. On that question, there are I 32 Ayes, 23 Nays, 1 votinç Present. And the motion carries. If you turn your attention back to Supplemental Calendar No. 3, Secretary 's Desk, Concurrence in Senate Bills, Senate Bill l8. Senator O 'Malley.

Mr. President, thank you. Senate Bill 18y before your includes House Amendnent No. 1y Which became the bill. It allows any unit district with an EAV of less than twenty-four million dollars in 1995 to increase its debt limit up to 27.6 pereent of its EAV, provided the lnereased debt is approved and supported by the voters at a front-door referendum. I?d be happy to 'answer any questions there may be.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any diseussion? Senatcr Berman.

Thank you, Mr. President. I reluctantly stand aîain in oppositlon. The problem is that the sponsor of this bill and amendment - pertinent amendment - vants to have the opportunity for local control of an important school question. The trouble is that when it's not his school district, when it's my school district, he votes exactly opposite on local control issues. And I think that that is hypoeritical. I thlnk that ls bad public policy, and I would suggest that We vote No. NoW that's on the -- that's on the issue of local control and conslsteney. Let me point out: On the lssue of downsta*e referenda and increaging property taxes, those of you who are concerned about the overreliance onpropertytaxes,aYesvoteonthisisexactlythe ! E wrong vote. The cnly way that We're going to be able to finally put some muscle and some votes for school funding refarm and I reduee the reliance on local property taxes is to get the Whole State behind that kind of push. These kinds of amendments work / i l07  STATE OF ILLINOIS . 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l: 1996 ! ! against that effort. We have to be unlfied from Chicago and tbe f I suburbs and downstate to stop relying on property taxes and start demandin: that the State adequately fund our schools. When you vote Yes, you're saying, ''That's okay; we'll -- we'll rely upon local property taxesv'' So I urge a No vote for both of those reasons. ( PRESIDING OFFICER: (SENATOR DUDYCZ) I There being no further diseussion, Senator O 'Malley: to close. I

I Again, not to belabor the Body with this today, I would only I comment Ehlt, in my opinion -- well, Mt. Carrokl school district, 1 which is the subjestmatter of the amendment over in the House, ls 1 I not in the area that r represent. I belleve that this is totally 1 . consistent with tax limitations, and frankly, kith local ccntrol. And I would appreciate our affirmative support of this I 1 islatlon. Thank you. ! eg . . 1 PRESIDING OFFICER) (SENATOR DUDYCZJ I This is fënal actlon. The question is, shall the Senate I concur tn House Amendment No. 1 to Senate Bill l8. All those in 1 favor will vote Aye. Opposed will vote Nay. And the voting is / . I open. Rave a1l voted who wish? Have a1l voted who Wish? Have E ' I all voted who wish? Take the record. On that question, there are 1 33 Ayes, 24 Nays, none voting Present. And the Senate does coneur I in House Amendment No. l to Senate Bill 18r and the bill, having I I received the requlred constitutional majority, is declared passed. f Senator Berman, what purpose do you rise? ! SENATOR BERMAN: I I Sorry to rpquest, but T'l1 ask for a verification. 1 ; PRESIDING OFFICER: (SENATOR DUDYCZ) . That request is in order. Will all Senators be in their seats? The Secretary uill read the afftrmative votes. SECRETAR? HARRY: 1 108 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBDY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2l, 1996 I I Following Members voted in the affirnative: Barkhausen, 1 ! l Bomke, Burzynski, Butler, Cronin/ DeAngelis: Dillard, Donahue, j Dudycz, Fawell, Fitzgerald, Geo-Raris: Hawkinson, Jacobs, Karpiely 1 I Klemm, Lauzenr Luechtefeld, Mahar, Maitlandr O'Malley, Parker, ! I Petersonz Petka: Ratca, Rauschenberger, Sieben, Syverson, Walsh, j Watson, Woaver' Woodyard, and Mr. President. I i PRESIDING OFFICER: (SENATOR DUDYCZ) E Does Senator Berman question the presence of any Rember voting in the affirmatëve?

Sepator O'Malley.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O 'Malley is standing beside ycu.

No other requests.

PRESIDING OFFICER: (SENATOR DUDYCZ) On a verified roll call, the Ayes are 33, the Nays are 24, none voting Present. Having received the required constitutional najority, the bill is declared passed. Senator Donahue, what purpose do you rise?

Wellr thank you: Mr. Prestdent. I Would like to request an lmmediate caucus in Senator Pate Philip's Office. A Republican I Caucus, imnediately. : PRESIDING OFFICER: (SENATOR DUDYCZ) i Senator Dcnahuey hcw long do you anticipate the caucus? ! SENATOR DONAHUE: : I'm not sure ezactly the eime limit. T'd say... ! PRESIDING OFFICER: (SENATOR DUDYCZ) ! The -- the Senate... ! I

. ! We will be back at 6 o'clock. And it is my understandinge Mr. I 109 ) 1  STAQE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 109th Legislative Day May 2lz 1996 President, that we will conduct business. 1 PRESIDING OFFICER: (SENATOR DUDYCZ) I I There will be a Republican Caucus immediately in the Senate I President's Office. The Senate Will be in recess until 6 p.m. I A11 Members be available, because there w1ll be substantive Floor I ! action at 6 o'clock. The Senate stands in recess. ! I ! (SENATS STANDS IN RECESS) (SENATE RECONVENES) '

PRESIDING OFFTCER: (SENATOR WEAVER) Messages from the Hcuse.

Message from the House by Mr. M' cLennandr Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred With the Senate in the adoption of their amendments to a bill of the following title, to wit: ' ' House Bill 1249, with Senabe Amendments 2, 3, 4: 6: 7, 9 and l0. I am further directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of the following amendments: 1 and 8. Action taken by the House: May 21st, 1996. : Message from the Hause by Mr. McLennand: Clerk. ! Mr. President - I am directed to inform the Senate that : the House of Representatives has refused to recede from their Amendment No. l to a bill of the fcllowing titley to wit: . Senate Bill 454. I ! 1l0 I I  STATE OF ILLINOIS 89TH CENERAL ASSEABLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2lz 1996 I am further dtrected to inform the Senate that the House ! of Representatives requests a Flrst Committee of Conference. f We have like Messages on Senate Bill 542, With House Amendment I 17 senate B l11 825, with House Amendment 17 Senate Bill 1414: with 1 p House Amendment 17 Senate Bill 1465, With House Amendments l and I 2) Senate Bill 1544, With House Amendment 1; and Senate Bil1 1696, I cirh House Amendment 1. Action taken by the House, May 21st, 1996.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis moves to accede to the request for a conference conmlttee. Nithout objection, the Senate accedes to the request of the House for a conference coamittee on tbose bills just read by the Seeretary. For what purpose daes Adeline Geo-Raris arise?

For a potnt of information, Mr. President.

PRESIDING OFFTCER: (SENATOR WEAVER) What's your point?

My Senate Bill No. 1414, I received nctice here that the House requests a First Committee cf Conference. I do too, and I wonder f'm in order -- if J 'm in order now to request the -- the -- to concur with that request for a Pirst Committee Conference and to have a conference committee appointed.

PRESIDING OFPTCER: (SENATOR WEAVER) We just accomplished thak. SENATOR GEO-KARrS: Oh, thank you.

PRESIDING OFPTCER: (SENATOR WEAVER) For what purpose does Senator Peterson arise? E

For purposes of a motlon, Mr. Presldent. I refuse to recede ' ! 111 1 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 2lr 1996 ! from Senate Amendment 1 to House Bill 2421 and ask for a I conference committee to be appointed. PRESIDING OFFICER: (SENATOR WEAVER) j Senator Peterson moves that the Senate refuse to recede from the adoption of Senate Amendment No. 1 to House Bill 2421 and that j a conference commîttee be appointed. A1l those in favor -- I I Senator Demuzio, for what -- discussion? I SENATOR DEMUZIO: ! Well, first of allr if you could tell us where we are on the Calendar. What -- what...

PRESIDING OFFICER: (SENATOR WEAVER) We're on page...

What we are doing. ...

PRESIDINC OFPICER: (SENATOR WEAVER) Page 9.

Explain the amendments, Nhat We are receding from or what we're doing. PRESIDING OFFICER: (SENATOR WEAVER) . Non-concurrences on page 9, Senator Demuzlc. I was just trying to expedlte your Bulls' ball game. Senator Demuzio . SENATOR DEMUZIO : . Just tell us what ke're -- what wedre doing, that's all. ' PRESIDING OFFICER: (SENATOR WEAVER) J Senator Peterson. ! SENATOR PETERSON: l I Senator, what we're doing ise I/m refusing to reeede from an I -- an amendment that had to do with elections. We, unfortunately, I passed the bill over to the House. There was a Eechntcal I 1 anendment that We were to pu* cn that we dldn't# ' and that's what j we Want to add in the conference committee. So the bill will stay I 112 I  STATE OF ILLENOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 21# 1996 basically fntact, except for one small technlcal amendment ta clear up a problem that we encountered.

PRESIDING OFFICER: (SENATOR WEAVCR) Any further discussion? All in favor, signify by saying Aye. Opposed, Nay. The notion carries. And the Secretary shall sa inform the House. Senator Jones, for what purpose do you arise?

Thank you, Mr. President. A point of inquiry. When you went to caucus at 5:30, you indicated you would be back at 6 o'clock. Now, the Members on this stde had expected you to be baek. I'm quite certain I saw many Members coming out of there with toothplcks in their mouth: and evidently, they've eaten dtnner, while our Members were held in llmbo. So out out cf sheer courtesy could you kindly inform this Body, what is the procedure and What is the agenda for the rest of the eveninq.

PRESJDTNG OFFTCER: (SENATOR WEAVCR) Senator Jones, there was no f6od served at our caueus. I don't know what they're doing. They're probably chewing on picnics (sic) because they're hungry. On page 9, Secretary's Desk, Concurrencew wedll go to Senate Bil1 1766. Senator Philip. Read the motion, Mr. Secretary. Mr. Secretary.

move to non-concur with the Hause in the adoption of their amendmentz Amendment No. 1: to Senate Bill 1766. Offered by Senator Philip.

PRESIDTNG OFFICER: (SENATOR WEAVER) Senator Philip, do you want to explain your motion?

Thank you, Mr. Presidenty Ladles and Genelemen of the Senate. I move to non-concur in House Amendment No. l to Senate Bill 1766, and put it in conference committee.

PRESIDING OFFTCER: (SENATOR WEAVER) 113  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 109th Legislative Day May 2l, 1996 Senator Philip moves to non-concur in Hcuse Amendment Nc . l to l I Senate Bill 1766. All those in favor: say Aye. Opposed, Nay. The Ayes have it. The notion carriesr and the Secretary shall so inform the House. Messages from the House. Messages, excuse me.

A Message from the President, dated May 21stz 1996. Dear Mr. Secretary - pursuant to the provtstons of Senate Rule 2-l0(e), I hereby extend the deadline for following (sic) (final) aetion on the fcllowing categaries of bills, with speeiflc bills enumerated under this category, to January 7khy 1997: Business Regulatton, specifically House Bills 2737 and 2927. Signed by Rresëdent Philip.

PRESIDING OPFICER: (SENATOR WEAVER) Is there any further business to come before the Senate? If not, the Senate -- senator Phllip noves that the Senate stand adjourned until 10 aemar Wednesday, May the 22nd. Thç Senate stands adjourned. Senator Molaror did you have an announcement?

Well. I was going to aSk a question of the Chair.

PRESIDING OFFICER: (SENATOR WEAVER) VPS: Sit. ' '

And khat is, if there is any indication -- obviously, I saw last day of adjournment was tomcrrow. If there's any indication 1 tbat you can give - I know it might be difficult - as to whether or no* we should check out of our hotel rooms, or try to extend them for a day. I don 't know tf there 's anyWay... PRESIDINGOFFICER: (SENATORWEAVER) 1 1 Xou might be safe in extending it for a day, Senator Molaro. j I if you wish. Otherwise, you can bunk wtth me. j j I 1 I ll4 ! I  -' - ,. REPORT; TIFLDAY STATE OF ILLINOIS 96/10/07 1 PAGE; 001 89TH GENERAL ASSEMBLY 13:j):24 SENATE DAILY IRANSCRIPTION OF D6BâTE INDEX HAY 21, 1996 I H8-0375 REFESE TO RECBDE PàGE 35 I HB-2k21 REFUSE T0 RECEDE PâCE 112 l H8-2529 REFUSE T0 RECEDE PAGE 106 H8-2651 RECEDE PZGE 92 I HB-273TOTHER PZGE 11k I H8-2927 OTHER PAGE 11k I H8-3052 RECEDE PâGE 93 1 SB-0011 CONCURRENCE PâGE 80 SB-0018 CONCURRENCE PAGE 83 I SB-0018 HOTION PAGE 106 I SB-O018 MOTIO# FILPD P2CE 105 / SB-OO67CONCURRENCE PAGE 6 j 53-0350 CONCURRENCE PAGE 72 j 58-0350 NON-CONCURRENCE PAGE T5 I 58-0363CON 58-0690 COSCURRENCE CURHENCE P2GE PAGE 7j b l SB-09q6 CONCgRREMCE PAGE lk I SB-1122 NON-CONCURRENCE PAGE 39 I sB-1380 CONCURRENCE PRGE 36 I SB-1R2R CONOURRENCE PZGE 26 ! SB-1k59 NON-CONCURRENCE PAGE V0 SB-1k67 CONCURREMCE P2GE 29 ! SB-1%j0 CONCURRENC6 PZGE 15 . ' SB-1#90 NON-CONCURPEVCE PAGE 25 f SD-1#90 MOTION FILED PAGE 66 . I SB-1y90 DISCUSSED PAGE 66 I SB-152T COCICURRENCE PZGE 38 1 E8-1546 CONCURRENCE PêGE 31 SB-15)6 CONCURREMC: PAGE 32 I SB-15t6 0UT 0F RECORD PAGE 31 I 58-16 SB-1 04 C 6k8 ONCJRRENCE CONCURqENCE PAGE PâGE 11 6) I . ' SB-166R NON-CONCURREMCE PAGE )0 I 58-1669 CONCURREMCE PZGE 59 SB-1673 CQNCURRENCE PAGE 32 1 SB-1684 NON-COMCURRENCE PAGE 33 ! 58-1766 NON-CONCUHRENCE PAGE 113 ! 58-1769 CONCURRENCE PAGE 78 I SB-1780 NON-COQCDRRENCE PAGE 35 I SB-1780 NON-COMCURREMCE P2GE 39 ' sB-1780 OUT OF RECORO PAGE 36 1 sB-19:2 NON-COMCURRENCE PAGE 34 I sR-0182 ADOPTED PAGE M1 ' j sR-0212 HOTIOM FILED PAGE 66 ' 1 SR-0218 RESOLUTJON OFFERED PAGE 2 SR-0219 RESOLUTIOM OFFERED PZGE 2 l SR-0220 ADOPTED PJGE 5 I SR-022O RESOLUTION OFFERBD PAGE 3 I SR-0221 RESOLUTION OFFERED PAGE V0 j 5R-0222 RESOLUTION OFFERED PAGE 71 I HJR-0071 H - 92 ADREOPTED SOLUTIOM OFFERED PAGE Pâ 1001 l HJR-012) ADOPTED PAGE 43 SJR-0108 RESOLUTIOPOFPERED PAGE y1 f I SDBJECT HATTER I ' SENZTE T0 ORDER-PRESIDENT PHILIP PZCE 1 J PRAYER-THE REVEREND RITANàFZIGER PAGE 1 1 PLEDGE 0P ALLEGIANCE PAGE 1 1 JDURVALS-POSTPOKED PAGE 1 MESSAGESFROMTHEHOUSE COHHITTEE REPORTS . PAGE PAGE 1 2 l HESSâGE FROH THE PRESIDENT PAG: 58 1 ! I I  w 9 REPORT: TIFLDâY STATE OF ILLINOIS 96/10/07 PAGE: 002 89TH GENERZL ASSEMBLY 13:kk:2R SENâTE DAILY TRANSCRIPTION OF DEBATE INDEX HAY 21r 1996 ! SUBJECT HATTER j COHHITTEE REPORTS SENZTE STZNDS IN RECESS PZGE PAGE 65 70 1 SENATE RECONVENES PZGE 70 I COMHITTEE REPORTS PAGE 70 j INTRODUCTIOV OF GUEST-PRESIDENT PHILIP PAGE 71 GUEST SPEAKER-HR. BILL O'CONNELL PAGE 72 I SENATE STàNDS IN RECESS PAGE 110 I SEN2T: RECONVENES PRGE 110 . HESSZGES FROH THE HOUSE PAGE 110 I MESSAGE FROX THE PRESIDENT PAGE 11V ;DJOUPNMENT PZGE 11R I I I I ! 1 . I 1 I I I I ' I 1 ! I 1 . 1 I I I . I I