Illinois Senate Floor Debate — May 24, 1996

PRESIDING OFFICER: (SENATOR DONAHUE) Senate Will come to order. Members please be at their desks, and the Members (sicl in the gallery please rise. The prayer today Will be given by Senator Bob Raica.

(Prayer by Senator Raica)

PRESIDING OFFICER: (SENATOR DONAHUE) Remain standing for the Pledge of Allegiance. Senator Sieben.

(Pledge of Allegiance, led by Senator Sieben)

PRESIDING OFFICER: (SENATOR DONAHUE) . ! Reading of the Journal. :'

Senate Journal of Monday, May 20th, 1996.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator' Butler. SENATOR BUTLER: i i Madam -- Madam President, I nove that the Journal just read by the Secretary be approvedr unless some Senator has additions or corrections to offer.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler moves to approve the Journals just read. There ! I belng no objectlon, it ls so ordered. Senator Butler. #

Madam President, I move that readin: and approval of the Journals oe Tuesday, May zlsk; Wednesday, May 22nd2 and Thursday, May 23rd, ln the year 1996, be postponed, pending arrtval of the printed Journals. !

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler moves to postpone the reading and approval of the Journalr pending arrival of the printed transcript. There being no objeetion, it is so ordered. Messages from the House. l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996

Message from the House 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. to a bill of the following title, to wit: Senate Bill 1260. I am further directed to inform the Senate that the House of Representatives requests a First Committee of Conference. We havè a like Message on Senate Bill 1246, With the House refusing to recede from their Amendment No . 1. Action taken by the House, May 23rdz 1996. A Message from the House by Mr. McLennand, Clerk. Mr. President am directed to inform the Senate that the House of Representatives has refused to adopt the First Conference Committee Report on Senate B1ll 1440 (sic) (1414) and requests a Second Conmittee of Conference to consider the differences between the two Houses in regards to Amendment No. Action taken by the House, May 23rd, 1996.

PRESIDING OFFICER: (SENATOR DONAHUE) objection, the Senate accedes to the request of the House ... for conference commlttees on those biïls just read by the Secretary. Leave is granted. Conmittee Reports.

Senator Weaver, Chair of the Committee an Rules, reports following Legislative Measures have been assigned: Referred to the Committee on Executive - Conference Committee Report Eo House Bill 22 and Conference Committee Report to Senate Bill 1544) re-referred from the Executive Commlttee to the Rules Committee House Joint Resolution 1047 and Be Approved for Consideration - House Joint Resolution 104.

PRESIDING.OFFICER: (SENATOR DONAHUE) m.. have the Members' attention. We know we'rer for the most  STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24z 1996 party on our last day of our Sesslon, and we Will stand in recess until approximately 11 p.m. -- or, 11 a.m.: scrry. 11 a.m. Stand j I in recess t1ll 11 aam. Senator Klemm, for what purpose do you I seek recognition? SENATOR KLEMM: FOr purposes Of an announcement. PRESIDING OFFICER: (SENATOR DONAHUE) Please state your announcement? i SENATOR KLEMM: ! The Local Government and Elections Conmittee Will be meeting l at 9:30 in Room 212, on Second Floor. So r pleasey if you cculd be there. It's a short meetinq. Thank you. PRESIDING OFFICER: (SENATOR DONAHUE) Local Gcvernment Will meet at 9:30 ln Room 212. Senate is in recess . (SENATE STANDS IN RECESS) (SENATE RECONVENES) ! . . , I i . . j I PRESIDING OFFICER: (SENATOR DUDYCZ) 1 . .. wil1 come to order. Commlttee Reports. SECRETARY HARRY: ' Senator Hawkinson, Chair of the Committee on Judiciary, reports House 3itk 548, the First ConEerence Commitbee Report Be Approved for Consideration; House Bill 1249, First Conference Committee Report Be Approved for Conslderatlon, and House Bi1l 3048, First Conference Commlttee Report Be Approved for Consideration. Senator Klemm, Chair of the Committee on Local Government and ! 1 3 i I  STATE OF ILLINOIS , 89TH GENERAL ASSEMBLY RECULAR SESSTON SENATE TRANSCRIPT 112th Leglslatlve Day May 24r 1996 Eleceions, reports the Flrst Conference Committee Repcrt on House Bill 2695 Be Approved for Conslderation, and Senate Bill 1278, the Motion to Concur with House Amendments 8 and 9 Be Adopted. Senator Karplel, Chair of the Committee on Executive, reports House (sic) Bill 1664, First Conference Committee Report Be Approved for Conslderaklon; and the First Conference Committee ReportonHouseBill22BeApprovedforConstderation;also First , 1 Conference Committee Report on Senate Bill 1544 Be Approved for ! Consideration.

PRESIDING OFFICER: (SENATOR DUDYCZ) ... turn ycur attention to Supplemental Calendar No . 1, whlch has been distributed on each Member's desk. We will be going to the Order of -- page 2, Secretary 's Desky Concurrence on Senate Btlls, and then we will proceed to the Order of Conference Committee Reports. On page 2 of Supplemental Calendar No. 1 is the Order of Secretary 's Desk, Concurrence. Senate Bill 1278. Mr. Secretary, read the motion. l

I move to concur With the House in the adoption of their amendments, Amendments 8 and 9, to Senate Bill 1278. The motion offered by Senator Geo-karis.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Raris.

Mr. President and Ladtes and Gentlemen of the Senate, this 1 billhasthreeadditlonalitems--twoadditionalitems,Whichare f ! all right with me. It adds that -- an amendment to -- where the corporateauthoritiesoftwomunicipalitiescanjointocreate an / ! advisory jolnt plan conmission, and it adds an amendment that Senator Bowles and Senator Clayborne wanted to convey certain property to - City of East St. Louis. And I ask for a - 1 favorable... I ! 4 (  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24: 1996 PRESEDING OFFICER: (SENATOR DUDYCZ) i Is there any discussion? This is final action. If not, the j I question is, shall the Senate concur in House Amendments No. 8 and 9 to Senate Bl1l 1278. A1l those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who Wish? Have all voted who wish? Have a11 voted who Wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting I Present. And the Senate does concur in House Amendments No. 8 and 9 to Senate Bill 1278, and the bill, having received the requlred constitutional majority, is declared passed. We will now go to the Order of Conference Committee Reports, on page 2 of Supplemental Calendar No . 1. On page 2 of Supplemental Calendar No. l is the Order of Conference Committee Reports. Mr. (sic) ! Secretary, do you have a -- on ftle a Conference Committee Report on House Bill 22? ACTING SECRETARY HAWKER: j conference Committee Report on House Bill 22. ... PRESIDING OFFICER: (SENATOR DUDYCZ) i Senator Rauschenberger.

Thank you, Mr. President/Ladies and Gentlemen of the Senate. ë House Bill 22,the Conference Committee Report, includes clean-up J and agreed-to language regarding both the reorganization bill that we passed about three, four weeks ago, as Well as clean-up I . language ko clarify some aspects of the medical -- academic medical provlder program that we passed by -- on Senator Weaver's ! bill three days ago . I'd be happy to -- answer questions: if people have any. I PRESIDING OFFICER: (SENATOR DUDYCZ) f Is there any discussion? Senator del Valle. ! SENATOR dEL VALLE: I Thank you, Mr. President. Tn committee this morningy We spent I 5 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 some time talking about the chanqes that are in this bill regardlng the reorganization task foree, and Members Will recall that we passed a resolution out -- out of the Senate creating a reorganization task foree. There were concerns expressed back then about the role of the task force and tlme frames and -- and - - and the makeup of the task force. We are now puttlng, this bill, the task force that was in that resolution, but With changes. Some of those changes, I think, are positive. It does gtve the Task Force more teeth; it gives more responsibility. And T think that is positive. But welve also added to the seven-member legislative task force that includes will include ftve Republt.cans and two Demccrats, we 've added three nonvotin: Members appcënted by the Governor that will probably be bureaucrats from -- from different agenctes, and can include representatives from the constitutional officers. We've also added to this Task Force the authority tc spend money, hire consultants. We inquired as to whether or not there will be a line item in the budget for this Task Force. That questlon was not responded to. We're not sure how much money the Task Porce is going to spendr but obviously it will need resources in order to do the job that is dictated in -- in the'-- in the leglslation. And so we still have concerns. I'm glad there were mcdifications, but lt'd be ntce if we had a balanced task foree. We've added a management audit for DCFS. We reconmended and we filed a resolutton calling for a management audit for all the agencies involved in the reorganizatëon. That resoluEion was held in Rules Committee. This leglslation does call for a manaçement audit of only one agency. We'd lfke to see all the agencies looked at as *e mave to reorganization. So, in short, while the Task Force in this bill an improvement over what was passed the resoluttonr there are still a number of deftciencies, including the fact that we uill have very little participationy even though, certainly, we 6  q I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24/ 1996 I will have to act on all legislation and a1l approprtations that will follow. j PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussion? Senator Smith. SENATOR SMITH: Thank gou, Mr. Chairman and Ladles and Centlemen of the / Senate. 1, too p have some concerns about this House Bill No. 22 1 . I and the Conference Report. I Want you tc please note that the -- I I no Demccrattc Member in the Senate nor House signed this Report. I J Senator Palmer and I signed on as eosponsors on House B111 22: and 1 we have since removpd our names. And this bill was sent to the ! House on a vote of 55 to nothlng because it contained a provision I of Senate Amendment 4 to increase the adoptton substdy which was l I reduced by Senate Bill 465 and became Public Act 89-21 -- the I Budget Implementation of -- Act of 1995. I notice that this I Conference Committee Repcrt has the Senate receding from Senate I . I Amendment No. 4, and I don't quite understand. And I uant to ! know, why is this proviston contained in Ehe Report, and will 1 there be any increase in the adoptlon subsidy? Could you give me I that answer? I . 1 PRESIDING OFFICER: . (SXNATOR DUDYCZ) 1 Senator Rauschenberger. I SENATOR RAUSCHENBERGER: I I Senator 5m1th, I share your concern, and I'd like to point a I couple things out to you. Apparently, the technlcal languaqe We I drafted on the increase in the subsidy was a violation of federal 1 law. We needed to make some changes in that. We have increased 1 1 . funding for DCFS through the supplemental and through the budget 1 that I think later today youdll get a chance to examinez by nearly I a hundred and eighteen million dollars in the last -- in action by I this -- this Body in the last five weeks. I Wl1l promise you I . I that, when we come back in Veto Session, I will bring a blll and ! 7 1  STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 allcw you to cosponsor it that will deal with the adoption subsidy increase. It's my intention that we pass somethlng cn ehat before this General Assembly ends, but I apologize for the fact that that provislon had to be removed.

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

Yes. Would the sponsor yield? PRESIDING OFFICERI (SENATOR DUDFCZ) Sponsor indicates he will yield . Senator Cullerton. SENATOR CULLERTON). . senator, I didn 't I wasn't in committee, so don't have the benefit of the testimony. With regard to the academic medical centers: First of all, we did already pass a law - it's on the Governor's desk, T understand concerning the academic medical centers, so this is a -- another versioq of that, and take itr it's meant to supersede that. If you eould describe to me the differences with regard to who the recipients potential recipients of any funds would be, what is the difference between thls bill and the bill that we already passed and p:t on the Governor's desk?

PRESIDING OFFICER: (SENATOR DDDYCZ) Senator Rauschenberger.

Thank your Senator Cullerton, for that question. This bill is intended to supersede the version that we passed earller. There was a great deal of frustration expressed by the Executive Braneh because no effort had been made to include the SIU Sehool of Medicine in Sprinqfield. The SIU Schcol of Medicine, think, is *he number onq producer of primary Care physicidns Who locate downstate Illinoisp and the adminkstration expressed strong reservations aboub the btll unlgss We found a Wdy to -- to make it 8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day MaY 1996 clear that SIU was also able to participate. The only other change prevents the medical centers that -- that qualify for this program from using their qualification in the program as a marketin: tool. Otherwise, it is lntended precisely what the previous bill was.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton.

Is tbere any lanîuage with regard to the use of these funds for fetal tissue researcb?

PRESIDING OFFTCER: (SENATOR DUDYCZ) Senator Rauschenberger.

The only -- the only provision whieh mtght raise that question is there is a specific reference ln this bill, as T think was in the previous bill: saying that none of the funds may be used in contraventton of State law, but there's no specific language dealing With fetal tissue research.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton. sEwATop cucôsiToN; Can you tell ne, or explain to me, once again itds my understandtng that there's two different funds from whlch these institutions would draw from, and I wondered if you could tell me spectfically whether Childrenis Hospital is eligible to draw from both of these funds or only one of these funds.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

Thank you, Senator Cullerton. One fund deals With research centers that qualify at a certain level of NIH funding, and that ls generally known to be limited to probably five or six such 9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 8aY 1996 research lnstltutions currently, although there's another eight or nine that we would expect, over the next few yearsz could qualify if they focused on it because they 're fairly close to the threshold. don't thlnk there are any children's hospitals currently that do the amount of research necessary to qualify for that pool. In the second pool, every hospital in the State of Illinois could qualify.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cuklerton. SENATOR CULLERTON) Then Which fund are we making the Southern Illinois University Hospital eligible for? Are we making fhem eligible for the Researeh Fund, and not, if it's for the other fund, weren't they included in the first btll that we passed?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

Senator, they were always qualified for the second fund, Which is the Post-Tertiary Fund. The -- the change requestedr or by the Executtve Branch and by some peaple that SIU be included in the reseaéch was driven by the fact that a downstate hospital that concentrates on primary care physlcians would have a difflcult time meeting the threshold necessary, so they were allowed in on a proportional basis into the research pool. The idea, again, is to help fund SIU's mission to -- to organize and find more physicians to -- to practlce in primary care in downstat/ areas.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton.

Okay. So ke're -- we're changin: the 1aw to add in Souehern lllinois for the reasons you just statedz but we're not changing the law to -- to make Children's Hospital eligible, even though it  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day May 24, 1996 appears there'snootherresearch--children'shospitalresearch J program that'seligible.Andnaybe you could explainwhywe donft 1 want to include children's as well. PRESIDINGOFFICER: (SENATORDUDYCZ) 1 Senator Rauschenberger. 1 SENATORRAUSCHENBERGER: 1 ! Senatorz youdre absolutely correct. ; wouldn't disagree. 1 It's a matter of political priorities and the need to reach ' consensus with both branches of government.

PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? Senator. collins.

Yes, thank you. For the -- for the record; I -- I would like to just put on the record some of the -- the concern that I raised this morning . I'n going ta support thls bill. My -- my coneern was related to this Task Force. And, Senator: maybe you can answer this question, because I am very concerned that -- khat this Task Force ls able to go to work as the -- on the effective date, as origlnally planned . Now that you have improvpd and have clarified the responstbëlities of this Task Poree, I think we need to make sure that the appropriatisns for this Task Force is set forth in the budget, and I -- and I asked that question thts ! mornlng. And, of courseytheanswergivenwasnotsattsfackory f because this ks, through legislation, a separate entity: a separate body, and I think the -- the sponsor indicated that ! monies would be there in other agencles to do the work of this l Task Force. I dcn't even think that ls within the -- the aukharity of any of these agenctes, to transfer any money from thelr budget I ; to contract out for the various kinds of audlts that need to kake I ) place in order for this Task Porce to do an effective jab and 1 actually to help structure that neN created Department of Human ! Services that we voted out of here. It's a good idea. It has @ 11 '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24y 1996 i improved, but unless the money is there and it is very clear where the money is going to cone from, then this Task Porce is not going I I to do npthing. Now; there's already a deficit With this Task ! Force in terms of the structure, and more so because it does not i specify that there had to be any real service providers or people ' I i with any real knowledge about human services on this Task Force, j so youlre going to have to contraet out the services. In order to I I do the audit, they have to be famlliar with the administration of I human services and programnatic audits. So they have to be I famlliar wlth the -- the necessary programs in order to determine ' whether or not they're effective. so there has got eo be some more ' money appropriated, and I'd just like tc know where is the appropriation, is it in the budget, and are you going to put it in there? PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Rauschenberger. I SENATOR RAUSCHENBERGER: 1 Thank you, Senator Collins. Maybe I can clartfy that for you. Based on experience that was an experience of previous General I Assemblies in years before I was elected, there's a great deal of reslstance on the part ' of senior leadership to direct I appropriations to legislatively created task forces and -- and i committees. 1 don't know whether there were abuses in the past or ' whether they became more expensive than people anticipated. That I - - the logic that We're pursuin: here is that, for example, the DCFS audit would be funded out of the contractual lines already approprlaked for the Department of Children and Family Services. I The logic is that the staffing would come out of tbe existing ' ! General Assembly budsets for staff, as uell as the Executive I Branch has quite a bit of discretionary funding to use for I . staffing. As far as contractual services, we would try to either ' I j do that throuqh CMS or relate them direetly to the department that I 12 I I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 We felt benefited from the studies. We think that *he -- the authority of the Task Force: the way it's constituted, is sufficient to draw approprlated monles wlthout appropriating separately. It could have been done another Way. As said, it has more to do with historical perspective on directly appropriatëng to task forces, but I share your concern.

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

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

PRESIDING OFFICER: (SENATOR DUQYCZ) Sponsor indtcates he will yield. Senator Palmer.

Senator, since this Task Force is charged with coordinatin: human servtce deltvery in Illinois, is it also -- no, that is not 1ts purpose? Okay. My question is it charged also with laying the groundwork for plans to reeeive whatever block grant monies w1ll come to Illinois?

PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Rauschenberger.

Thank you, Senator. It's got a pretty broad mission, but it wouldn't be the delivery of human servlces; would be recommendatlcns on hoW to reorganize and streamline the intake system and the administratlon of human services. would expect, someuhere along the linew as intersovernmental affair legislative aqency on legislative affairs is workin: on, as Appropriation also reviews: *he potential of block grants. Would hope that this Task Force would take up some preplanning to see if block granttng would affect the way we organize the structure.

PRESIDING OFFICER: (SENATOR DUDYCZ) 13  STATE OP ILLINOIS 89TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 Any further discussion? Senator Mokaro.

Thank you. I stand in support of this bill, and the support that I give is for this excellence in medical -- medicine. thlnk itds terriftc. We lve got to get to a point that every time someone gets sick in the State of Illinots and they have the resources, they want to fly out of here and go to Johns Hopkins or MIT or Mayo Clinic. I think it would be nice we see throughout the country someone says ''I'/ goëng to run to the U of I'' or ''I'/ going to run to U of C'' or ''I'm going to Loyola.'? And think it's greak that we could try to put some money to take Illinois to the forefront. So, I stand in support. PRESfDING OFFICER: (SENATOR DUDYCZ) If there is no further discusslon, Senator Rauschenberger, to close.

Thank you. I -- I would point out, and agree With Senator Molaro, the -- the money that's dedlcated to the research hospital is those hospltals are a1l located for the most part in the City of Chicago, with the exceptton of the Springfield hospital. The foc'us is on city hospitals that -- that serve large numbers of Medicaid clienes. It's -- it's an effort to reward excellence and to improve thetr infrastructure. The reorganization languaîe, think, is at least a good step forward. I'd urge a favorable roll eall.

PRESEDING OFFICER: (SENATOR DUDYCZ) The question is, shall the Senate adopt Conference Committee Report No. 1 to House Bill 22. A1l those in favor Will vote Aye. Opposed vill vote Nay. And the voting is open. Have all voted who Wish? Have all Moted who wish? Have a1l voted who kish? Take the record . On that question, there are 54 Ayes: no Nays, and voting Present. And the Senate does adopt the Conference 14  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 Committee Report No. 1 on House Bill 22, and the billy having ! received the requlred constitutional najorityy ls declared passed. l I Senator Geo-Karis, what purpose do you rise? I SENATOR GEO-KARIS: ' ! Mr. Presldene and Ladies and Gentlemen of the Senatep on a I point of personal privllege.

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.

We have two gentlemen on the Republican side that have added ancther year to their lives. One of them is the Majority Leader of the Senate, none other than Stanley Weaver, who has attained the a:e of eëght - seven plus one. And he hasn't put any Welght on since he got out of the servkcer which frustrates some of us, and he's maintained his young r manly figure. Still looks younger than he is, and we'd like all of ycu to Wish him a happy birthday. . It was yesterday and we just got wând of it. Happy birthday, Stanley Weaver.

PRESIDING OFFICER: (SENATOR DUDYCZ) Happy birthday, Senator Weaver. Senator Geo-Karis. SENATOR GEO-RARIS: , The other gentleman ls gotng to be twelve years of age - six plus six - and that gentleman is our Leader, our famous President of the Senate. And tomarrow is -- Sunday, rather, is his blrthdayz but he Won't be here, I hope: to celebrate it. But We I certainly wish Senator James t'Pate'' Philip, also, a very happy birthday because he doesn't look his aîe either, and he always is I so photogenic. It just frustrates some of us because he has that ' nice-looklng appearance, except when he Wears that horrible I I clgar. But 1111 tell you one thing: He 's a terrific guy. We -- ! both fellows are terrific guys. And I Wish him a very happy birthday. And let's wish Senator Phllip a happy birthday toor in 15 '  i STATE OF ILLINOIS 89TH CENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24# 1996 I advance. J PRESIDING OFFICER: (SENATOR DUDYCZ) 1 ( Happy birthday, Prestdent Philip. On the Order of Conference Committee Report -- on the Order of Conference Conmittee Reports, House Bill 548. Senator Cronin. Madam Secretary: do you have a - - Conference Committee Report on House 3il1 5487 f ACTINGSECRETARYHAWKER 1 : 1 Yes. FirstConference CommitteeReporton HouseBill548. 1 PRESIDINGOFFICER: (SENATORDUDYCZ) j Senator Cronin. ) SENATOR CRONIN: . I Thank you,Mr.President, Ladies and Gentlemen of the Senate. / The Conference Conmittee Repart on House Bill 548, as you may recall: was a bill that came over here frcm the House, and it required the court to order a11 first-time dofendants to work f toward a high schcol diploma, GED, or voc training - vocational training. We made a couple of amendments to this bill uhen it I ! came over from the House. 0ne was, it required that these first-eimecffenders be overseventeen,inCook County, and that J they pay for their cost of the GED, high school diploma: or vocatyonal training. We also changed the method o! collectin: violent crimes Assistance (sic) (violent crtme vietims Asslstance) funds. That was an amendment that was put on here and supported. We also incorporated a number of lnltlaeives to permit the 2 Department of Corrections to maintain more control over the gang ' pcpulation. You may recall that we created a category of electronic contraband - cellular phones, pagers - and We also included video cameras. That was Senator Dillard's legislation. That was all the amendnents that we put on this billr sent it back over to the House, and they non-concurred. We now have a J Conference Committee Report that includes a11 of those elements I and three additional proposals: Number one, it permits the I . / 1 i 16 j '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLM REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 Illinots Attorney General to conduct more than one Statewlde Grand i Jury ae a time; number two, it enhances the penalties of persons kho solicit teenaqers to commit nurder; and number three, it imposes a number of measures to combat gang problems within the / I I Department of Corrections, lncluding the monitoring of I unprivileged mail. I ask for your favorable constderatton. This I i I has biparttsan support. Thank you. ! PRESIDING OFPICER: (SENATOR DUDYCZ) ! Is there any dlscusslon? Senator Jacobs. ! I SENATOR JACOBS: j Thank you, Mr. President, Ladies and Gentlemen of the Senate. l I I just have a question of logistics here. I PRESIDING OFFICER: (SENATOR DUDYCZ) I ! Sponsor indicates he will yield. Senator Jacobs. I SENATOR JACOBS: ! In the Conferqnce Committee Report on House Bill 548, it l ' I States that, 'The Department shall prcmptly segregate leaders from ! inmates who belong ko thelr gangs and allied gangs. Segresate 1 I means the complete prohibition of visual, sound and physical ! eontact, or communication.ld I understand all that. I thlnk 1 ! that's a good idea. But my question becomes, as that happens and ! you segreqate a leader, youfre going to form a neu leader. So ! I then we segregate that leader, and then ycu get a new leader. At ! what point do we have the general population, segregated from the ' I follokers, with the leaders; I PRESIDING OFFICER: (SENATOR DUDYCZ) ! I Senator Cronln. I SENATOR CRONIN: I Wellr I -- I think that this is going to be left largely to ' ! the discretion of the Department of Correcticns to identify those l vho arer in factr leaders. And it wouldn't bother me at al1 if we ' eontlnued to segregate a1L of these people and -- and proceed in 17 ! !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24y 1996 that manner. 1

PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? Senator Palmer.

Thank you, Mr. President. A question of the sponsor. I PRESIDING OFFICER: (SENATOR DUDYCZ) I $ ! Sponsor indicates he will yleld . Senator Palmer. SENATOR PALMER: 1 Senator Cronin, I Wanted to know because this seems to be ' : caming up in a 1ot of leglslation - you said that the inmates are l to pay for GEDS: RoW Are they to pay for them?

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Cronln, SENATOR CRONIN: j I -- Senator Palmer,apparently therearea number ofways 1 that a -- an inmate can work and generate money and -- . and income. 1 They're also... They pay for it throuqh prison industries. Once / we sesregate their leaders,thenthey candoproductlvework in 1 prison industry,make money,pay for thetr education,and they can 1 come out and truly be corrected. PRESIDING OFFTCER: (SEMATOR DUDYCZ) j Senator Palmer. , ' f

So it's your ineeneion that thls should be to help and not to punish 1 . J PRESIDINGOFFICER; (SENATORDUDYCZ) 1 Senator Cronin.

Absolutely. Paying for their education is an important value ? that We Want to instill ln our inmates in the correction system. 1

PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? Senator Dunn. ! 18 f  STATE OF ILLINOIS 897R GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislaeive Day May 24, 1996 SENATOR DUNN: I / Question of Senator Cronin. I PRESIDING OFFICER: (SENATOR DUDYCZ) 1 I Sponsor indicates he will yield . Senator Dunn. I I SENATOR DUNN: ! Senator Cronin, you 're going to segregate gang leaders. I'm ' ! wondering why you didn't call this bill the ''DOC Leadership ! Pf05FZRIff ' I PRESIDING OFFICER: (SENATOR DUDYCZ) I Is there any further discussion? If not, Senatcr Cronin, to ' I close. . I I SENATOR CRONIN: I I simply ask for your favorable eonsideratton. ! I PRESIDING OFFICER: (SENATOR DUDYCZ) ! The question is, shall the Senate adopt Conferenee Commtttee ! l Report No. l to Rouse Bill 548. A11 thcse in favor will vote Aye. ! ' Opposed will vote Nay. And the voting is open. Have a11 voted Who I 1 wlsh? Have al1 voted who wish? Have al1 voted who kish? Take I the record . 0n that question, there are 57 Ayes, no Nays, none ' I voting Present. And the Senate does adopt Conference Committee I Report No. l to House Bill 548, and the bill, having recekv' ed the I ' ! required constttutional majority, is declared passed. Madam ! Seeretary: do you have a file on Conference Commlttee Report -- a ' 1 Conference Comnittee Report on House Bill 1249? . ACTING SECRETARV HAWKER: ! Yese I do. Ptrst Conference Committee Report on House Bill . 1249. I PRESIDING OPFICER: (SENATOR DUDYCZ) . Senator Petka. Out Of khe record. Senate (SiC) Bill -- 2695, Madam Secretary. ACTING SECRETARY HAWKER: . First conference Committee Report on House Bill 2695. 19 !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day Xay 24w 1996

PRESIDING OFFICER: (SENATOR DUDXCZ) I Senator Klemm. I

Thank you, Mr. President, Ladtes and Gentlemen of the Senate. House Bill 2695, the underlying bill, created the Bond Issue 1 . Notiêication Act, which required that if a governin: body issues a ( 1 . non-referendum bondy at least theylre required to have a public 1 . hearing. Amendment No. 2 that we added to that provision was a I I technical clarification that the Illinois Munëctpal League wanted us to do, and we incorporated that. Amendment :o. 1 was a bill -- I amendment that Would take care of an emergency nature where munieipalities and governing -- local governing entities could 1 issue bonds under an emergency nature. The Conference Committee 1 Report clarifies that emergency nature and actually rewrites that Amendment No. 1z and what the Conference Cammittee bastcakly uses ls existing Statutes which ' require the definition of what an j emerqency is. That was the only change, otherwise the bill remains intact, which passed the Senate unanimously last time, and / 1'11 answer any questions. PRESIDING OFFICER: (SENATOR DUDYCZ) . Is there any discussion? Senator Cullerton.

Yes. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponscr indicates he will yield. Senator Cullerton. SENATOR CULLERTON: l Senator, I apologlze. It's very difficult to follow these bills as they come in so quickly. I'm told that there's some language floating around dealing with bonds and the White Sox I stadium. Is there anything in here about the White Sox stadium? I I PRESIDING OFFICER: (SENATOR DUDXCZ) : I Senator Klemm . I J 20  j STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TNANSCRIPT 112th Legislative Day May 24w 1996 SENATOR KLEMM: I No, there's nothin: in that at all. I I PRESIDING OFFICER: (SENATOR DUDZCZ) I / Any further discusslon? If not, the -- the question is, shall I I th- s---t- aa-ps c--,------ c---ist-- a-p--t n-, z t- s---- szzz 2695. Al1 those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who kish? Have al1 voted who wish? Have all voted who Wish? Take the record. On that question, there are 55 Ayes, no Nays, none votin: Present. And the Senate does adopt Conference Committee Report No. 1 to House Bill 2695, and the . billy having recelved the required constitutional majorlty, is declared passed. House Bilk 3048. Madam Secretary .

First Conference Committee Report on House Bill 3048.

PRESIDIKG OFFICER: (SENATOR DUDYCZ) Out of the record. Senate Bill 1544. Senator Rauschenberger. ' ... Rauschenberger.

Thank you, Mr. President.

PRESIDING OFFICER: (SEN/TOR DDDYCZ) We're on Conference Comnittee Report No. l to Senate Bill 1544. SENATOR RAUSCHENBERGER : . . Conference Committee Report No. 1 to Senate Bill 1544 dces ! three things: It makes the necessary clean-up changes to the ! I Health Care Worker Background Check Act; it enhances the I Department of Publlc Aid's ability to file aetions to determlne I paternity; and gives ambulatory surgical treatment centers a 1 representative on the Illinois Health Facilities Planning Board. I I These are all -- khe first tko provisions are one that this Body 1 . I has heard and debated before. The last one slmply adds an j 21 I !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legïslative Day Xay 24: 1996 additional -- adds an additional representative to the Illinois Health Facilities Planning Board. T'd urge favorable approval.

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

Thank you very much, Mr. President. I rise in support oî this legislation. This bill not only brought forth those three gcad issues just mentioned by Senator Rauschenberger, but it brought forth some other lssues as uell. It brought the Parenting Act -- the Parentage Act, which is also included in this bill, and more importantly: it tcok out that onerous language of th.e Good Sanaritan Transportation Act that kllled the bill in the first place. So I commend the -- the Senator and the committee for working together and getting a good piece of legislation for this Body.

PRESIDING OFFICER: (SENATOR DUDVCZ) rs there any further discussion? Senator Palmer.

Thank you, Mr. President. A queseion of ehe sponsor.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indlcates he will yield. Senator Palmer.

Senator, what are *he particulars of the health eare workers background checkr and does the Service Employees Internatlonal Union support the changes?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senatcr Rauschenberger.

Senator, I appreciate your question, but to the best of my knowledge, there has been no contact from that union regardin: the -- *he bill's provisions.

PRESIDING OFFICER: (SENATOR DUDYCZ) 22  I STATE OF ILLINOIS 89TH GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 Any further discussion? If not, the question is# Shall the I ! Senate adopt Conference Committee Report No. l to Senate Bill I 1544. A1l those in favor will vote Aye. Opposed Will vote Nay. I f The voting is open. Have a11 voted who wish? Have a1l voted who I ! wish? Have a1l voted who wish? Take the record. On that I I question, there are 57 Ayes, no Naysy none Voting PresenK. And I i the Senate does adopt Conference Ccmmittee Report No. l to Senate Bill 1544: and khe bill, havlng recelved the required ! constitutional majority, is declared passed. On the top of pa:e 3 . of Supplemental Calendar No. l is -- Mr. -- Senator Philip, what purpose do you rise? SENATOR PHILIP: . Thank you, Mr. Prestdent, Ladies and Gentlemen of the Senate. Point of personal prtvilege. PRESIDING OFFICCR: (SENATOR DUDYCZ) State your point. SENATOR PHILIP: I have here at my desk the outstanding Attorney General from the State of Iklinois, resides in Bensenville, Illinois: Dupage County: Jim Ryan. PRESIDING OPFICER: (SENATOR DUDYCZ) ' ! Welcome to the Senatey General Ryan. On the top of paqe 3 of I Supplemental Calendar No. l is the Order of Conference Commlttee l ! Reports. Senate Bill 1664. Madam Secretary. 1 I ACTING SECRETARY HAWKER: ! First Conference Committee ReporE on EenaUe Bill 1664. ! I PRESIDING OFFICER: (SENATOR DUDYCZ) I I Senator Watscn. j SENATOR WATSON I : I Yes. Thank you, Mr. President. This piece of legtslation, I I Senate Bill 1664, as tt passed the Senate the first time, ? ' I contatned language that affected the Scuehwestern Illlnois I I ; 23 f I !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislattve Day May 24: 1996 è ! Development Authority. The languaqe that was involved in that I I particular piece of legislation remains. It gtves them the -- the ! ! abilitg to have their bonds that are used for public purpose : tax-exemptz and this puts them into same consistent cateqory as other bonding authorizations. It allows for an additional two years of quick-take, and thau, of course: was in the original language and -- and we only grant them two years at a time, and the reason being is because of the -- our Wanting to make sure that khey don't abuse that partieular power. The other provisions now that are neu provisions in the legislation: One, again, which passed this Body several -- several different timos, authorizes the Salem Civlc center Authorityr. located in my distrtct, in Marion County , eo impose a sales tax by front-docr referendum to pay -- help pay for the maintenance and the upkeep cf the -- of the Salem Community Center. The other provisions that are ln here: Establishes a sunset for the income tax exemption on certain bonds' interest. Tt pravides that gain on Illinois bonds is taxable. It limits the amount that any municipality may claim from khe local government pool that is allocated by the Governor's Office. And it also establishes the Bureau of the Budget as the only State office authorized to provide any i'nformatlon to entities underwriting securities of the State. The final provision is one that creates a bond suap for IDFA - I-D-F-A. It allows for the reduction in bond authorization in the envtronmental bonds of the bond cap by nlne hundred million dollars. That then Would be shifted over to the Illtnots -- ory I beg your pardon, industrial revenue bond and not-for-proftt bond ' I cap, and ie would ralse their caps by a total of nine hundred f million dollars. It's just a bond suap. Basically it passed out of the Executive Committee this norning unanimously' and I'd appreciate ycur support.

PRESIDING OFFICER: (SENATOR DUDYCZ) 24  ' . u. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY . REGULAR SESSTON : SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 Is there any discussion? If not, the question is, shall the I Senate adopt Conference Committee Report No. 1 to Senate Bill I 1664. A11 those in favor kill vote Aye. Opposed Will vote Nay. ! And the voting is open. Have all voted Who wish? Have al1 voted who wish? Have al1 voted who Wish? Take the record. On that question, there are 55 Ayes, 2 Naysr none voting Present. And the Senate does adopt Conference Committee Report No. l to Senate Bill 1664, and the bill, having received the requlred constitutional majority, is declared passed. ...turn your attentlon to the regular Calendar. Turn to page 4 of your regular Calendar to the Order of House Bills in the Order of 3rd Reading. House Bill 2596. Senator Watson, da you wish this btll returned to the Order of 2nd Reading for the purpases of an amendment? Senator Watson seeks leave of the Body to return House Bill 2596 to the Order of 2nd Readin: for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2596. Madam Secretary, are téere any Floor amendments that have been approved for consideration?

Amendment No. 2, offered by Senators Watson and Maitland.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

Yes. Thank you, Mr. President. Amendment No. 2 to House Bill 2596, commonly called the '/quality first program''w welve been negotiating with -- with the Hcuée and -- and others in regard to : comtng up to what we would consider an agreed language in -- in trying to promote a -- a reform of education and also a funding . plan that -- that will certainly help our schools, and I think ! we've been able ta do that. Just to go through what are many of ' the provisions ln the bill: Creates -- it alloWs the -- prohibits the State Board of Education from spending Goals 2000 monies and I . 25 I I I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 acts as cnly a pass-through açency. In other words: they can only I ! use that money for passlng through, and they can take one percene of the money for adminiserative costs. We add some language in ! I there that -- commonly called the Specter language, Which Was put j on by Arlen Speeter in Washington, khat helps identify the fact I I that ue are prohibiting the use of these funds for what Would be f I known as outcome-based education and schccl-based health clinics. I It is being prohibited from -- using the money in that regard. l 1 School holidays is in here - Wedve debated that on the Floor - I I that prohibits districts from taking the general election day off. I Academic standar ' ds - the State Board of Education is currently I j develcping acadenie standards, and within one year, it's -- . I Pebruary lst of '97, we're askin: them to report to us after I public hearings, :iving the publtc an opportunity to come in and I be heard in regard to academic standards. We have several ! I provisions in here that we ldentify as what we call safe schcolsr I and that would be allowing the administration considerable ability' I j to look at -- check into lockers, check an individual's gym bag, a I purse, Ehcse types of thingsr and We expand the definition of I I keapon. We allow for expulsions. We're trying to qet tough, is I . I uhat we're trying to do, in the area of safety . within our schcols. I We're allowing for school uniform dress code, and we're asking the ! I State Board of Education responstbtlity for liablliky insurance on I students in Edueation and (sic) (to) Careers program. And we are l 1 revoking - potentially revoklng - the administrattve and teaching I f certificates for those individuals whc are cauqht cheatlng on I Eests - in other the words, the IGAP tests. Wedve had situations I I in this Statez when the tesEs have been made available pricr to I I the date in which they are to be given, indlviduals actually I teaching off the test: trying to help their students with the test ' I scores. If theydre found that this is improper, then we 're giving I the ability of the State Board to -- to revoke administrating and l I 26 ! I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 112th Leglslative Day May 24# 1996 teaching certificates. Block grants: Ne 're askinq that the State Board of Educatlcn report back to us on February lst, 1997 With -- with a -- recommendations in the area of block grant. On the area of the Illinois Goals Assessment Program, the IGAP schedule, We are askin: that third-grade students be tested in readingz writinç and math; that's being done now. Fifth grade students would be tested in reading and writing and math. And we're askln: that an exit exam be given in the twelfth grade. We allow for the State Board of Edueation then to develop a plan for the remaining grades, and they vill come to us by December 1st, I96 to -- with recommendatlons. Tbe remedëatton that. would be identified by those individuals in the third and fifth grade -- we understand that there's -- that we need to identify kids at an early a:e if they have problems. Remediation will be requiredr but that type of renediatton will be left up to the local districtsp and We give them several options. The exit exam would be given for the ftrst time in 1999 and 2000. We do have sone provisions in here involvkng the flat grant apprcach to the funding of education. We establish a new line item called school Safety and Zducation (sie) Improvement Block Grant. And thts would be distributed on a per pupil basis average daily attendancet And can be used only for ' ( sehocl safety, textbooksy software, teacher training, curriculum, development, school improvement and remediation programs. We feel that by allowlng this money to flow to the school districts that f We will be paying for the remediation that will be -- they're going to be asked to do. So this is not an unfunded mandate. There is another provision in here that establishes a hcld harmless provisionr and this is important primarlly to downstate schools. We recelve -- oue of the twenty-three million dollars that will be made available in a hold harmlessr We receive almost twenty million of that, and that means that every school distrtet in this Statey reqardless of where you are, will have the same I I 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 112th Legislative Day May 24, 1996 revenues -- flow as what they have during the current -- this ' current school year. So: basically, that's our program. I would ' ! ask for the support of the Bcdy, but recognize, I'm sure. theregll I be questions and be glad to answer any. I I PRESIDING OFFTCER: (SENATOR DUDXCZ) / I Is there any discusslon? Senator Welch. I S I ENATOR WELCH: I Have a question of the sponsor. I ) PRESIDING OFFICER: (SENATOR DUDYCZ) ! 1 Sponsor indicates he'll yield. Senator Welch. I SENATOR WELCH: l I Senator Watson, this aaendment creates this flat grant idea J I that you have. Senator Watson. Okay. Why -- or, is this better I for downstaters than having the money put in the School Aid l I Formula, and lf so, why? ! ) PRESIDING OPFICER: (SENATOR DUDYCZ) I Senator Watson. 1 ! SENATOR WATSON: I I That -- that's a very gocd question, Senator, and you and I I h I ave had this conversation on -- on many cccasions throughout the ' j year. 1411 have to admit that T was one who thouqht and -- and I 1 felt that downstate sehools did better in the formula. And 1, ! unfortunately - well, maybe not unfortunately: but I have been I proven wrong here. The fifty-one milllon dollars that's being I I discussed now in the budget that would -- that the Governor made j available out of the two hundred and twenty million dollars he I 7 allocated to education, he pu* a little over fifty-one mlllion I I dollars into the formula . What we benefit, Senator, downstate out 1 I of that is about four and a half million - I meanr less tban ten I percent. So, obviouslg, there's a problem with -- with the I ! formula as it refleets to -- to our schools. So We felt that the ! ! ADA -- using the average daily attendance and the printouts that ! 28 I I  I I STATE OF ILLINOIS ' 89TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day Mag 24r 1996 we've been had avallable to us, shows that we do better We: downstate do better in the utilizing the average daily attendance. And you ask: Why does that happen? The assessed valuation in downstate Illinois has been on the rise and we've qot reports that indtcate over the last several years that the percentage increase has actually gane up downstate greater than has in Cook County and in *he collar county areas. We also have a sltuation by vhich the multiplier Cook Ccunty drcpped from 2.14 to 2.11. And that may not seem ltke a stgnificant shiftr bu* understand it made a shift of sone four hundred milllon dollars to various areas of the -- of the State. So vith the assessed valuation in downstate increasing, a leveling off of of the assessed valuation increase the collar county areas, and an actual drop in Cook County, nakes that shtft and that formula not effective, at least for our downstate schools.

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Welch.

Well, those figures are totally different than the figures I'm seeing .here. I'm seeing the general State a1d distributlon for downstate is something like CLtty-five percent; suburbs, twenty-three; and Chicagoz 21.6. What and you say we Would only get four mlllion dollars out of a fifty-one-million-dollar tctal appropriation.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senatar Watson.

think what you're talking about is the current distribution. And the additional money that we're talking about that the Governor's putting in: the formula treats differently. And, unfortunately , you look at the fifty-one million: take a look at that, and see what the distribution is, then what we find is 29  STATE OP ILLINOIS 89TH CENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24z 1996 I that it's less than five million dollars goes to downstate I schools. PRESIDINCOFPICER: (SENATORDUDYCZ) j Senator Welch. I SENATOR WELCH: I Oh, yeah. Frank, thls is a hold harmless, but itfs only for I 1996 to 1997. So, after this comlng school year, then the -- the i I load that the downstate schools are going to have to burden falls ? on them a year later. Isn't -- isn't that correct? Youdre just I postponlng the inevitable here. ! I PRESIDING OFFICER: (SENATQR DUDYCZ) I I Senator Watson. 1 SENATOR WATSON: I I I -- you lre probably correct. We're trying to do -- 1'11 -- 1 I111 tell you What we're atkempting to do is add one million tWo l 1 hundred and Sixty-one thousand tWO hundred and thirty-four dcllars I . I to Senator Pat Welch 's district. That's what the hold harmless I does. And I recognize the fact that there's an obvious glitch in ! I thP formula; and Wedre trying ta address bhat With that -- With j ' the. hold harmless provlsion. We need to come back next year and' I j look at this formula and make some changes that Will, hopefully, I I not create the problem it does ncw. I ' PRESIDING OFPICER: (SENATOR DUDYCZ) f Any further dfscusston? Senator Berman. j SENATOR BERMAN: I : Thank youz Mr. President. I Would suggest that ' each of you I take a careful look as to What this bill does, and I would suggest ' I1m not sure that you can just eake a look and be happy to issue a press release that says, ''My local schccl distrlct is getting x dollars more as a result of this budge: and this bill than they J I did last year''r because next year welll be standing here on the I ! equivalent of this final day andr unless there ls a substantial I I 30 I : I  ! I STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 ! shift or tax increase, you're going to have to issue a press release saying that youlre going to have a bii, big decrease. Now let me tell you about downstate. Under general State aidz downstate would get fifty-five percent of the dollars that is allocated to the formula. General State aid, downstate would get fifty-five percent. Under the flae grantz on a basts of allocation of a stated dollar amount based upon average daily I attendanee - in other words, each child gets an x dollar amount - downstate schools only get thlrty-four pereent. Now, if you ? , I remember, a 1ot of you took a look at the Speaker Danlel's plan I when it came out of 'the Housey and you were very upset with it. j The reason it was stripped from the bill when it came over was because the downstate schools were being stronqly hurt. That's not the word I was going to userbut you were being strongly hurt. l That hurt is built into this bill by allowing - by allowing - the - - the flat grant allocation. Dcwnstate schools are hurt by the authorization of a flat qrant proposal in this bill. Nok: ln . 1 addition to that, youdre talking about a hold harmless. And I would just ask the sponsor, Senator Watson, if you could explain bo us -- if you could explain in your closing comments, why we should do a hold'harml/ss. Now 1et me tell you the rest... 1 PRESIDING OFFICER: (SENATOR DUDYCZ) Ibe: yourpardon,SenatorBerman. Just for the informatëon û 1 of the Membershipy we are debating Floor Amendment No . 2. You may -- the Members may wish to confine their remarks to 3rd Readinq, which we'll be going shortly. Senator Berman. SENATOR DERMAN: Well, Amendment No. 2 is the bill. I meane that -- that's what Wedre talking about. There's -- therets nothing unique. I will tell you thatas to the hold harmlessr let me give you, 1 Ladles and Gentlemenr this example: The way the formula works is, 1 if a school district gets an increase in property assessments, an ' I I 31 f  STATE OF ILLIHOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 increase in property tax revenue, there's a decrease in money ' I under the formula. By giving a hold harmless, you're allowlng ! I sehool districts that have gotten increased revenue from property . taxes to also :et increased revenue from the State. Nowr that's fine if you happen to live in that school district that gets b0th ' of thcse benefits. But it's a -- what you 're doins is taking ' money away from school districts that didn't have an increase in local real estate taxes, that don't have an increase ln local assessments; that if you properly allocated the mcney under the School Aid Formular the schools that need ity that don't have an increase tn local assessment, vould benefit from it. Youlre taking away frcm the poorest school districts to qive it to the school districts that have gotten increased local tax revenue by this hold harmless. I would suggest to you that that's not falr. Ir you want to be generous, increase revenue for everyoner not for those that are getting not only additional State dollars through a hold harmless, but are also getting increased revenue from local real estate taxes. That's -- this amendment, and the provision in here regarding hold harmlessr ts exactly contrary to every press release that we talk about, about reducing reliance on property ' taxes. Youdre grabbin: increased property taxesvand you're giving them a bonus by the hold harmless. And it's only - only - for one year. There's a couple of other things, just for your . I informatëon. There's a proviston in here that's contrary to the local control in Chicagor Where it gives the Chieaio board of ' trustees, the admlnistration, poker regarding uniforms. That is a ' decision that was made by Paul Vallas that should be determined at ! I each school level. This bill gives that power to the Central -- Pershing Road Board. That -- if they would have asked usw it ' I Nouldn't have been in here because Vallas doesn 't Want that power I at the Central Board. It's -- there was just a -- an absence of ' communication between the people araund the table, so to speak, 32 '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 and any Chicago legislators. And just as one other item: There's a policy provision in Ehis b11l that says that a car parked in a school parking 1ot is subject to search. It says that if you have a -- that a pencil or a pen can be determined to be a ''weapon'' - quote, unquote - for purpcses of expelling and prosecution. Now, I've just got to tell you, I knok that's not the intenty but if you get yourself some mean SOB principal who wants to stick it to some kid, you're givlng them a blank check here regarding what I thlnk is really authorlzatlon far beyond What's necessary for the protection cf our children in our schools. There was inadequate publication of this amendment. This was given to our staff at ! I 10 p.m. the night that we were arguing the -- the pension bills. The public saw it maybe an hour or so before the committee. Again, it's a seventy-some-paGe amendment - seventy-six-page amendment. The public had virtually no notice of i*. And againr there was no discusslon about it. And I've just got to tell you that you better take a look, because I think that, for downstate, you 're going to be hurt by the flat grant proposal; Chicaso is going to be hurt in a couple of areas, when you take a look at a number of the thinqs that are in here; and the suburbs I think are being hurt by the hold harmless. You put a11 those things . together, I think they cught to got back to the drawing table, and talk to some of us that represent some of the school districts that weren't around the table. I urge a No vote. I

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

i ...you -- thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in strong support of this quality first plan. And I have to express some sertous dtsappltntrent wkth some of the remarks fron my -- from the other side of the aisle. You know, this is the nature of the issue of education: the polltics of . 33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24z 1996 I geography, the posturlng, the stirring up of emotions, and misconception, and obfuscating the lssues. You knowz you look at this bill, and there's two hundred and eighty-eight million neW I dollars for education. Thatisasignificantsumofmoney. We stood here in the beginning of Session and we listened to the f I Governor propose his budget, and he told us, when he proposed tWo hundred and twenty million new dollarsr that seventy-three cents out of every new dollar was going to go to education. And you know what? We said that that.'s not enough. Now some of us had a little reluctance in taking that position, but we put sixty-eight 1 ! million new dollars on top of the Governor's proposed budget. You're talking about a 1ot of money here. And you know what, ! E Senator? Everybody wins under this bill. Everybody wins. Let me point out to the Members of the -- the Senate here, that this -- I ! think this represents chapter tWo in what started last year: reforming the Chicaqo public schools. Wq've eaken -- welve taken r a new step forward, just like the step last year that -- that none of you on the other side of the aisle took wieh us. T suspect that may be the position youdll take again this tlme. It's too bad that you didn't learn from your mlstake last time around. Thls bill empowers local school districts to do some very, very meaningful thlngs: assessments, remediation, standards. You : know, we hear some remarks on the other side of the aisle that are defending the practlce of the Chicago public schools that take : election day off. I challenge anyone on that side of the aisle to offer an objective, reasonable, logical argument ln favar of that. : Tt just doesn't hold -- hold water. The uniforms issue: In case you're completely out of touch With how colors, and the wearing of ! colorsr can ereate problems in Chtcago public schools, there's a very real reason why Paul Vallas and the Chlcaqc Board management ! team ought to have some say-so in uniform policy. The safety issues: You know, We hear from the other side of the aisle about, I 34 I i  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 'Oh, jeez, there might be a mean principal.'' You know, I think the principals in the schools ought to get a little meaner, they E ought to be a little tougher, with the drugs and the -- and the ë guns and the contraband. I think the real issues that real people l care about when they send their kids to school in the morning, , 'zs 1 my little Johnny or Mary, are they going to be safe? Are they going to be safe when they go to school?' Wellr we're concerned j i about safety on thts side of the aisle: and it's a shame that you aren't too. f urge a1l of the Senators to support this. I i Everybody 's a winner. There's a 1ot of money here. There's no I guarwantees that we lll be able to -- to maintain this deqree of funding next year. That's not the point. We have the money this / ! year; 1et9s do the right thing. I urge an Aye vote. PRESIDING OFFICER: (SENATOR DUDYCZ) ! Any further discussion? Senator del Valle. ! SENATOR dEL VALLE: i Thank you, Mr. President. Questions for the sponsor.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator del Valle. SENATOR dEL VALLE: ' Senator Watson: the plan propcsed by Speaker Lee Dantels 5 included property tax relief. Does this plan include property tax relief?

PRSSIDING OFFJCER: (SENATOR DUDYCZ) Senator Cronln. I beg your pardon. Senator Watson. !

' j We are allowtng for more -- we are allowing for more dollars to flow ko Ehose school districts throughout this State. 1 Obviously, it's up to those districts how they may want to ' allocate the local money thatfs been made available to them . If ! they uould like to grant property tax relief from -- from their existing funds, that's the decision that would be made locally. 35 l I  ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 So this gives them that opportunityy if they so wish: because we're giving them considerable more money. PRESIDING OFFICER: (SENATOR DUDVCZ) Senator de1 Valle. SENATOR dEL VALLE: On the flat grants: Did the oriqinal plan designate the flat grants for the purpose of school safety and educational improvement? PRESIDINGOFFICER: (SENATORDUDYCZ) Senator Watson. 1 SENATOR WATSON: . Senator del Valler we're not debating the -- the original plan. I don't kncw what all was in there and I'm sorry. But we . can get you a copy of that -- the report that was made available 1 ! to a11 of us. What I kant to debate is the bill that's before us, andwouldbeqladtodoso. l . 1 PRESIDING OFFICER) (SDNATOR DUDYCZ) i Any further discussion? Senator de1 Valle. i SENATOR dEL VALLE: Well, I -- and Tr you know, it's a shame We're in a hurry ' here, because this is extremely, extremely important. And we're ' talking about increased funding foreducation,andIcertainly j support that, but f thlnk it's ironic that kedve designated block J ! grants -- flat grants, which, by the wayr are permanent. Unlike the hold harmless in the formula, which is for one year, the flat grants are permanent. so they will permanently - until we do somethin: about the inequity in how publtc education is funded - J they will permanently impact on that inequity. They Would 1 increase that inequity because -- tbe irony is that, while wedre saying that these flat grants are for school safety and ) educatlonal improvement, every school, based on an ADA formula, . 1 will get thê flat grant. Now, certainly, that's great for the I 36  I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIOR SENATE TRANSCRIPT 112th Legistative Day May 24s 1996 ! i ' suburbs because the suburbs are going to get some of that money. 1 And as Senator Cronin said, everyone's going to get that money . But the needs are not the same. The needs are not the same. Schools wlth serious safety problems and With Ehe need for resources to improve academic achievement are going to get probably less, in some cases, because of the attendance formula, thanschoolsthatdon'thavethe serious, serious problems and 1 1 have high per-pupil spending. So we're contributingand we're ) , making worse the inequities that already exist. And I don't think ' that's the step that we wanted to take this year. : ! PRESIDINGOFFICER: (SENATOR DUQYCZ) ( Any further dlscussion? Senator Palmer. ; SENATORPALMER: ) Thank you, Mr. President. I just wanted to jotn with Senator I del Valle in his remarks and to point out that this btll obfuscates what the real issues are in funding public schools in. f I the State. And I know it's a difficult issue for all of us to . conErontr but J just want to remind you that the bottom line here I is, and has been, adequate and equitable sehool funding. And to I cbfuscate that with this kind of -- what amounts to a -- a kind of ' wlndfall for the moment in some areas, a devastatins loss in other f . areas, and the point that Senator del Valle madez that thls is permanent. When it's -- when we make the call for -- this is J final action, Senators, I think you should think very seriously i that if you pass this billr you're going to make it even more f I difficult to deal With the real problem of the inadequate distribution and eolleetion of revenues Eosupportourschool ) system. Regardless of what difficulties nay exist in the Chicaço schools, regardless of what may exlst in other schcol districts, this is not the way to go,and ikwill be hard tocall it back lf j . you vote Yes on it. I think we should reject this now and not put ourselveslnaworsesituatlon. j 1 37 f  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leglslative Day May 24, 1996

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

Okay. Ouestion of the sponsor.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor fndicates he will yield. Senator Collins.

Senator, could you, for those who were noL in committee, basically vive us a a just a brief analysis of what the flat irant would be directed to, what kind of -- of services that the - - the flat grant could be used for?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

Yes, Senator. It's spelled out in the legislation, that creates a new block grant called the School Safety and Educational Improvement Block Grant. And the money can be used for school safety, textbooks and softwarer teachers' training, currfculum development, school improvementr and remediation programs. And I and one thing that I want to add in response to Senator del Valle: You know, bilingual is permanent; special education is permanent; preschool is permanent; Eransportatlon needs are permanent. But it's up to us to fund And that -- so there's no dollars that flow in this partlcular piece of legislation. That's in another bill. And We hopefully fund these things at -- at the highesk level we can, but that's a decision that we make here on the Floor.

PRESIDING OPFICER: (SENATOR DUDYCZ) The Illinois Information Service asks leave to videotape today's proceedings. Hearing no objectionr leave is granted. Senator Collins.

38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24z 1996 So, now, let me be clear. The -- the other issuesz like special edueatlon and -- and those other issues, are not a part of this flat -- this flat grant that youdre talking about here? PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Watson. SENATOR WATSON: Well, a 1ot of the decision making in regard to the extra money wedre talklng about through this bloek grant will be decided at the local level. And we gëve them plenty of options in which to make this money available to .-- to their students, and to, hopefully, create a better proqram, better quality education at the local level. PRESTDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Collins. SENATOR COLLINS: Plat grant portion of th: bill: T'm looking at a distrlbution from -- I guess itfs from staff. And the percentage here of monies that's goin; downstate would be 34.6 percent; to the suburbs, 44.9 percent; and to Chicago, twenty-one percent. Now, is that -- that's based on their 4verage daily attendance. Okay. ' In addition to losing money -- I mean, not being -- the money -- having the -- the greatest need, for example, as Senator de1 Valle sald: in terms of -- of remediation, in terms of -- of life safety issues, then you base it on average daily attendance. There's no doubt about poor -- where there are poor chlldren in a district, the average daily attendance is going to be pcor. So how do you -- why did you make it based on average daily attendance rather than -- rather than on enrollment: because the same money Would have to be spent, notwithstanding whether or not the child is frequentlyoutofschool? / PRESIDING OFFICER: (SENATOR DUDYCZ) . Senator Watson. I I i 39  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24z 1996 : SENATOR WATEON: I You know, senator, I hate to tell you this, and I probably 1 ouqht to -- I hate to admit it to the other fifty-eight Members, j or fifty-seven that are present, but I did this for a very selfish I 1 reason. I did this because my schcols do better using the ADA. I Nowr I kncw that in the past when Welve been on this Floor, when I other Members were present, and -- and certainly, sitting in a I different party -- political party was sittin: in Ehe chair up ' I front, your sehool districts -- your sehool district did extremely wellw and it was always a matter of wrîting a bigger check. And I , -- we're not doin: that anymore. We're not goin: to provide a ' biqger check to 6ne particular school district in this State. We ' ! feel everybody should be treated equally. As a result of that, I and using the average daily attendance, we -- every school I distrtct is a wlnner: as you've heard before, and especially those I school districts that are downstate. And I've told you once ! before, if you Want ko pump ehis tirough the formula, and many of J . I you advocate that, as I did. I was a strong advocate for the I formula, and many of you read the -- the quotes in the paper in / *he recent Weeks. I was -- I .said let's do it in the formula; we I E ' 1 shouldn't be doing it in this manner. I was wron:. I was wrons, I and I admit that. 1111 stand here and admlt it. Because I'm ' I doing this for -- for the kids in my area, the schoolkids in the I 55th District, who uill get more money utilizing the average datly I I attendance than they would putting this money throuqh the formula. I PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Collins. I SENATOR COLLINS) ) Well -- well, Senator, I -- I do appreciate your candor herer 1 I you know, that you actually did this so that your district could l get more money, but the question is, given that we have not .come 1 up with any adequate stabilized mechanism by whlch we Will fund ' ! 40 I  STATE OF ILLIROIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24# 1996 education or distribute education, and -- and this extra money that you say is in the budget is going to go for it -- toward this ! particular grants, I would think that you would utilize it in the I I best Way to help us reachr you kncw, koward that -- our real goals I of -- of equity and quality in terms of education wherever there 4 is the greatest need in thls State. And -- and this is not doing I ! thls. This is really unforbunate that it is based on *he fact ! that you may noty in wealthy districtsr have been receiving as much State aid as same distriet that need it the most. And I I think we've come to -- it's a sad commentary. I kas goin: to vote for this until you said that. And -- and I -- at this point, I just don'è think T can vote for it. ' PRESTDING OFFICER: (SENATOR DUDFCZ) E Any further discusslon? Senator Jones. : SENATOR JONES: ë Yeah. Thank -- thank ycu, Mr. President. Will the sponsor I . ! yield? PRESIDING OFFICER: (SENATOR DUDYCZ) ! Spansor indicates he will yield. Senator Jones. ! SENATOR JONES: ! Xeah. Senator Watson, the more I listen to the debatez the ! more eonfused I get, so forgive me if I ask you some questlons I that may seem elementary. You indtcated that you support this ! bill beeause it helps your district - more dollars for your district. Percentagewise what is the averaqe increase you would , get? How much increase in your district will you çet for the next ' 1 fiscal year over the current fiscal year? ! PRESIDING OFFICER: (SENATOR DUDYCZ) ' 1 Senator Watson.

I just -- I guess I don't look at percentages. I just look at the fact that my distrlct does -- does extremely better under the 41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 hold harmless provision. Without the hold harmlessz downstate : districts are -- are wiped out, and many of them are your Members, I Senator. And then When We use the average dally attendance, we do ! -- we do even better. I don't look at the percentage. And We -- we haven't -- by the way, there's no money in this bill. So for I ! I you to say a percentage, I'm not sure what you're referrins to, ' because there's no money in here. It's a mateer of how we fund it ! I 1 that determines the total amountv I would probably say that those j districts who have done extremely Well over the years in the l formula will be receivin: a considerably less percentage, ! ! possibly: than those -- those districts wh0 havenft. And as a I ? result, probably my district and other downstate districts would I ' be somewhere in the neighborhood of maybe 3.5 percent. I -- Senatcr Demuzio shared that information with me earlier, and I I would assume we 're going to be down in the bottom somewhere. Bu* I I look at it ' as amount of dollarsr and that's what my I i superintendents will do and that's what the people in my distrlct / Will do. They'll ask, I'HOW many more dollars have you made I ; avallable for our young people?' And every single one or my I districts is a winner.' J I PRESIDINC OFFICER: (SENATOR DUDYCZ) j Senator Jones. ! SENATOR JONES) ! I Well, I'm taking you at your own Word an this issuey because I youdre being very selfish, as you indicated, and all legislators I are selfish as it relates to their dlstricb. So therefore -- and j I'n selfish. One of things, as I look at thls. Senatcr, without I 1 the hold haraless provlsion in here, based on the ADA, your school 1 district will lose money; so, thereforey this ts only good for one I . year. After that there is a big hole. And ycu say your ! percentages are based about three- or four-pereent tncrease that ; you'll receivee coupled with *he hold harmless. Well, I'm very 42  I STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislatlve Day May 24, 1996 selfigh too . But as I look at ity based on what you or Senator Cronin said about the two-hundred-and-eighty-eight-million-dollar increase based on budget projections, what -- I cannot see you being selfish,when Isee someofthe wealthieskdistricts will-- 1 Parker will receive about a twenty-three-percent increase; Karplel about a eighteen-percent increase; Cronin - I can see him voting for it - with seventeen-percent increase. These are scme of the ( most wealthiest districts in the State of Illinois, and you say you are being selfish protecting qyour district, but yet and still, how can you justify the most wealthiest school districts in the ( state recelving fifteen-, eighteen-, twenty-percent increase, and your poor little downstate district is qettin: arcund a . four-percent increase. Actually, what ycu are doingy youdre cheating yourself Xou fre not beinq -- if -- L# you were getting . 1 the eighteen percenty I Would say, 'lYes, I1m in here fighting for my schoolchildren of my district.'' But your distrëct reeeives a mere four-percent increase and you have needy school distrlcts in your district, but yet and stlll, some of the most wealthiest school districts in this State receive fifteen-: sixteen-, seventeen-, eighteçn-, twenty-three-percent increase, accordln: to your own plan. And so, thereforee that's why I gct so confused when you say you're fighting fcr downstate. If you were figbting for downstate, those figures would be reversed; they would get the eighteen-, fifteen-, and sixteen-pereent increase because they need them. But foryou tostandhereesaying youfrebeinç selfish f for your district and you're downstate, a mere four percent for your poor district, and the wealthier districts kith eighteen percent, noz you 're cheating the downstate schools with your oWn figures, with your own budget projections. You're not being selfish; you're actually cheatin: ycur own district. I khink you 1 should ehange tbis. . I I PRESIDING OFFICER: (SENATOR DUDYCZ) I 43 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 Any further discussion? Senator Shaw.

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

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

Senator Watson, how much money are we talkin: about here?

PRESIDING OPPICER: (SENATOR DUDYCZ) Senator Watson.

Well, as I mentioned earlierr welre -- we're not talking about any money. 1 mean: this is not a budget approprtation. This this a means by which we want to see the money allocated, and ke're asking that the hold harmless provision kould be lmplemented, and if we do that, with khe Governor's level of funding in the formula, ke would be adding roughly twenty-three million dollars Eo the -- increase in funding educatlon over the Governor's two hundred and twenty allocation. If we continue to do, and the dialogue that's taking place on the budget sider we 're talking roughly another fifty-three million dollars belng made available through this grant process. So that's roughly seventy-six million dollars.

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Shaw.

Well, Senatorz could you tell me how much new... Senator Watson, could you tell me how much neW money is ioing in here -- into the formula above what the Governor has talked abouk?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

Well, -- obviously no* makin: myself clear. This is 44  I STATE OF ILLINOIS l 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 I think the fourth time I've -- Ilve sald thls. We -- We are nO* ; talking about the bud:et here. Wedre -- kelre not talking about I how much money . We 're talking about an allocatlon. And webre / asking that the budget commëttee, which hopefully Will be bringlng j forth some legislation later this afternoon or this evening, will I J have a provisicn in there that hold harmlesses a11 school ! distrlcts to the current level of funding. If that happens, l I Senator, that's tuenty-three -- roughly twenty-three million I dollars. Tbere is discussion goinq on now that would add an additional amount of money, and T -- as I just mentionedz of roughly fifty-two millton dollars, through this block grant . program that wefre talking about for school safety and educational purposes.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Shaw .

Well, do you feel as though that this b11l is -- is rather premature, because ue haven't seen the budget? Maybe you have, ' but those of us over on this side of ehe aisle don't -- how could l we vote in good conscience and we haven't seen the .budget? Dan't i know whatfs in Ehe budget. We don 't know khether any money ss in I ' j the budget. Do -- do you feel as though that this bill is a I little premature in light of -- that we haven't seen the budget? I f PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Watson. I / SENATOR NATSON: 1 No, not at akl. We an this Floor establish programs continually withou: funding. T aean, we're always debating ) different pieces of legislation that ultimately cost the taxpayers I of Illinois dollars. And uhat happens then is the budget proeess I I comes along and hopefully funds those programs, and that's what I we're asking here, that wedre asking for budget considerations in I I I 45  I I STATE OF ILLINOIS ! 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislatëve Day May 24r 1996 1 an increased level of funding for education - a considerable f increased level of funding. 1 PRESIDICG OPFICER: (SENATOR DUDVCZ) I senator shaw. I 1 SENATOR SHAW: I I Just a couple more queskions. In this -- in this plan here -- I 've talked about fundin: -- settlng up new proqrams and l and we 1 hirin: additional teachers and so forth, is there any money in I 1 this -- when we put al1 of these younqsters out of school, the -- j the mischievous ones, is there any money in here for alternative 1 sehools, or goëng to be in the budget for alternative schools, or . I what do we -- what do we do with those youngsters that we expel -- that we expel out of school? Do we just leave them on the streety 1 or do we take then down to Stateville and put them in the penitentiary and lock them up? Or uhat do ke do with them? PRESIDING OPFICER: (SENATOR DUDVCZ) 1 Senator Watson.

Well, you know, one thing that Welre trylng to do here with -- with this whole program is cut down on the number of, ' l j unfortunately, young people whc end up gcing to Stateville, that ' ' j ' - - that's for sure. That's what welre trylng to do is create a j quality education for young people to -- so that they can make f somethln: of themselves and become marketable. But this -- thts I I bill -- and you're talking about the alternative schoolsy and that I was a bill that was sponsored by Representattve Winkel and -- and ( Senator Maitland, an excellent piece of legislatlon, and We have I got, hopefully, in the budget money that Will Rake that ' j alternative school a possibility and eertainly make it a potential for the City of Chlca:o, and I know that that's a concern that you 1 have for your young people. And we want to do thae a11 over thls I I State, is provide a mechanism by whlch kids - problem kids - can I 1 i 46 J 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 112th Leîislative Day May 24, 1996 be able to go to -- continue their educatton. If it's in an I alternative school, so be it and more -- more power to them. And ! I I agree kith you completely, Senator; that's somethin: that we ! ! need to be funding and we need to continue our efforts. ! ! PRESIDING OFFICER: (SENATOR DUDVCZ) I Senator Shaw. ! ! SENATOR SHAW: 1 This is the final queseion. I wasn't clear on whether you ! I said that there -- there were money in the budget for alternatlve : I schools... PRESIDINC OFPICER: (SENATOR DUDYCZ) . ' Senator Watson. . ! SENATOR SHAW: ! ... or there wasn't any -- or there wasn't any money in the I ! budget for alternative school. Now, and f -- and I don't only I ' represent the City -- and I don 't only represent the City of f I chicago; I represent the suburbs as well. But I'd like to know ! ! that. Maybe you don 't have any in there for the City of Chicago, 1 but maybe you have some for the -- for the suburbs. I 1 PRESIDING OFPICER: (SENATOR DUDYCZ) . j ' Senator Watson. I ' ! SENATOR WATSON: I ! I beg your pardon, Senator. I was preoccupied and I did not J hear the question. I beg your pardon. ! PRESIDING OFPICER: (SENATOR DUDYCZ) I I Senator Shaw. I SENATOR SHAW : 1 I I was trying to ftnd out -- I uas pcinting out that I nOt Only 4 represent the Clty of Chicago, I represent the south suburbs as ' ! well. And if you didn't have any -- any money in there for . alternative schools in the City, do you have any in there for the suburbs? Giving this new power to the principals and the 47  I STATE OF ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 administrators, in terms of expelling students and getting those, ' would -- wculd we say, mischievous students out of -- cut of the I I classroomWherethatother youngsters can learny certainly we 1 should have inmind that --setup some programwhere that those f youngsterswauld have achance rather than atStateville. That's ' j the question I'n asking. 1 f END OF TAPE f TAPE 2 . I ' j 1 PRESIDING OFFICER: (SENATQR DUDYCZ) 1 , Senator Watson. I I SENATOR WATSON: : ' 1 . . well, the alternative school proqram was an initiative that 1 we've passed previously. We in the budget negotlations, many of l I us# feel that there shculd be money made available for that. A I lot of -- I thlnk Chicago - now I don't know about the soukh j suburbs, Senator - have already begun the process by which to I ' j establisb an alternative school. Te's an excellent concept. It I needs to be -- needs to be funded. And I agree with you completely ! that that program in itself could keep the pcpulation in our ! I prisons at a reasonable level and hopefully make an opportunity . 1 for young people to succeed in life. j PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senaeor Raicd. I SENATOR RAICA: Thank you, Mr. Presldent and Ladies and Gentlemen of the 1 I I Senaee. I don't think thae Senator Waeson had :0 stand up and i ! . apologize, and I'm going to explain why. Frank has always been I ! : 48 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th LegkslaEive Day May 24r 1996 I sincere When it came to education in the State of Illinois and f I representing his district, but not only his district, but ehe I districts throughout the State of Illinoisz and: in partlcularr ! I our districts. I -- I -- and I'm not trying to speak for -- for ! Prank either. I think the sincerity Nas truly in what Senator Watson said, but also in what Senator Shaw said . And I'm going to ! ! explain why. Out -- out of all the -- the comments that Were . made, it seems that the sincerity in -- in senator Shaw was that of alternative schools. We heard comnents about legislators that represent the City of Chicago schools, about going and adding money for enrollment and where Lhey would much rather use enrollment as -- as a measure versus daily attendance because the enrollment is actually good in the City cf Chlcago, but the daily attendance is poor. But what I don't understand is, that's actually a punishment for the rest of the State of Illinois. rf the suburban school districts and the schcol districts in this ' area have gcod daily attendancer why should the Members that - and ' T do represent the City of Chtcago - use enrollment When the suburban communities and the daily attendance -- those teachers are truly wanting to teach thetr students. And the students ' really wank to learn, because they 're goin: to sehool. And the . teachers make sure that they qo to sehool. How can We use the -- I that Would be like saying, ''We'1l use the enrollment, because ! we'll get more funds.'' That would obviously hurt the suburban ! sehool dlstrlcts and the rest of bhe State of Illinois. But if ' I thé schcolchildren aren't there on a dally basis in the Chicago I school system - the money 's still getting spent - where the hell 1 I ls it going? That's what I don't understand. lf Frank is using I I the daily attendance as -- as a meansr welre actually helping them I to teach these students in giving them additional dollars Where I ! they're needed, in the classroom, because the -- the students are ' j there. I think a solutlon would be, the legislators that 1 2 49 !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 represent the City of Chicago go and see the aldermen and sit down I I witb the city council and say, ''Hey, listenr we're not :oinq to I use the noney that Ne :ek from Springfield for security. Maybe 1 1 you should do something in the city councll to give Superintendent I I Aatt Rodriguez additional funds and -- have him handle security in r I the sehools, so that the money that we get from Springfield is I used for edueation, the Way the suburban schools use it, and not I I ko make sure we ean 9et our kids to go to school and then pollce I l our klds once they're in school.' I -- I just think that that's I I wrong , and I don:t feel that Senator Watson had to apologize. I I Was selfish also. As long as I represent both the city and I I suburban portions of the State of Illinois in ny district, I can't I 1 punish my suburban community because -- and 1'11 tell you whatr my I alderman, Mike Zalewski, is excellent khen it eomes to makin: sure l I there's security in the schools and making sure that the sehools I ) are -- or that the skudents are betng educated. And there's tough I . I principals in the school district in my Chicaqoland portion. I That's what this is a1l about: getting tough principals in these I I schools ko make sure we ean :et the kids in school to learnr not I just tryins to qet money into the schools so we can spend it I 1 needlessly. I just hope we can get an Aye vote, and support I I Senator Watson's proposal. 1 I PRESIDING OFFICER: (SENATOR DUDYCZ) j I Any further discussion? Senator Molara. I SEXATOR MOLARO : 1 I Thank you, Mr. President. I'm gotng to switch from the money 1 I for a seeond, 'cause I'm having a hard time understanding the I money. I don't know if Senator Watson's still on the floor. 1 I Would the Senakor yield for a question? I I PRESIDING OFFTCER: (SENATOR DUDYCZ) I I Sponsor indicates he will yield. I I 50 ! I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLM REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 Welt, on page 26 of your bill, this talks about the search and seizurey or search mainly, of personal items -- personal things. rt says, to Raintaln order and securtty in schools, school authorities may inspect and search places and areas such as lockers. desks: parking lots, other sehool property. Parking lots, of course, are for cars. Can you search any car that's parked in a school parking 1ot -- is that Subject to search?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

This debate came up in our discussion, and many of us felt, yes, that tt could be an automobile search: precludedy we would hope, certalnly on certain circumstances.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro.

You know, the -- the n'ain reason I ask that is# not so much I don't want to get into students' cars, what if it happens to be a teacher's car? I mean, so We're going to be able -- it says in here -- and we're talking about public policy and -- and -- and also let me say thisz it saysr as a matter of public policy, the General Assembly finds that the students have no reasonable expectation of privacy in these areas. 6oz ve are :oing to dictate our public policy, what a student can expect or not expecty and maybe we have toz because we have to go far enough 'cause of the violence and drug use in schools. Buk we got to be carefulr because, I guess, if we say we ean search any car, then we are sayëngz as a matter of public-private policyy teachers have no expectations of privacy in their vehicles or their desks when they are in school. So ï Want to know if that's your intenb, to allow us to search teachers' ears and desks, and that.they have no expectation of privacy. Is that your intentionr Senator? 51  . i I STATE OF ILLINOIS I 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996

PRESIDING OPFICER: (SENATOR DUDYCZ) I Senator Watson. I SZXAPCR WATSON: ' I J guess maybe J should read from -- from line seven where lt ! says, ''As a matter of public policy, the General Assembly flnds that students have no reasonable expectation of privacy in these places and areas or in their personal effects left in these places and areas.'' So uelre talking primarilyr obviously, about students.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro. SENATOR MOLARO :. . Well then, I just want to make sure for -- for the record -- and I see you have Senator Petka there, so that's nice also - can help us in this -- this discussion. I want to make sure that -- When we have the first six or seven linesz until We get to line seven, I want to make sure that if -- if any of us or -- or any cf our family go as visitors to school parking lots that our cars and we have this expectatlon of privacy. I don 't Want this to extendv because the first six or seven lines does not use the word student. I want to make sure that teachers, as Well a: visitors, have a right to privacy. Second thing that I just want to add and -- and -- and will -- will -- this is just a comment. You know, ' right now, with drunk driving lawsy we have to have a -- . reasonable grounds to pull over someone when theydre drivingr especially if we want to check them for drunk driving. We have, ' l however, passed a 1aw that we can have roadblocks. Sc, I guess, ' ! What I'm getting at would ber We don't have rules as to how you . ! can now search students' lockers or student desks. I would like to say that if we go in there and we're golng to say, HAll riîht, I I every -- every locker on the third floor is golng to be searched'l I ! - - I guess I don't have a problem with that. I'm not to happy l about it, but we have to figure out a way to stop what's goin: on l I I 52 I I  STATE OF ILLINOIS 89TH GEHERAL ASSENBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 I in schools. So if wedre goin: to search a11 the lockers that . seems to be fine with me, but I donft like the fact that we can go and, willy-nilly, Wtthout rules say, HHey, Joe, come bere; your collar's not up, We're going to search your locker today.'' Wedre going to pick out and -- and -- and just do it that way. I thtnk that's inconsisbent wtth the law of the State of Illinois: and I think We should think about that. So, I guessy in closing, lf ycu can, Senator, just talk about those first stx linesr and say whether or not I have a right to prlvacy if I pull into a schaol parking lot. or can, willy-nilly, my car or a teacher's car or desk be searched, because it certainly says that in those first six lines. So maybe you can make some leglslative intent here and -- and get those out. Thank yau.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discusslon? Senator DeAngells. SENATOR DeANGELIS: Thank you, Mr. President. The other night I told a stary about my o1d roommate Swede. And Senator Hendon saidy you know, that ehe end of that wasn't too cooly and he Was right. And I think what I left out was that the man thought he had done somebhing that helped him, When tn reality ' it didn't help him at al1 by sayins ''I'm never going to eall her again.a Well, I hear the same discussion. Senator Collinsr Senator Berman, and especially Senator Jones, I dare you to vote No cn this bill. If you think, as my friend Swede thought he was by not calling this young lady again, that you are, in fact, doing for your people what is riqhe by votlng Nop please do. Senator Berman, you are very astute. No hold harmlessr eause your EAV kent up. But sincg your EAV went up, tf you Would have taken the route through the formula, you would have got less money. Yes. The School Aid Pormula says, the more you have behind every student EAV' the less you get from the State. So *he flat grant helps you. NoWr if you 53  ! STATE OF ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSEON SENATE TRANSCRIPT 112th Legislakive Day May 24: 1996 want to give upr in the City of chicago, about flve millton dollars to the Chicago Boardr then vote No. In fact, you're I ! actually giving up nineteen mlllion, 'cause if we go back up to 1 I Governor Edgar's level, that's What you're going to gete 501 versus 520. fou know, one statement was made here, and I was ' I really surprised that everybody did not remember it. Senator ! Watson conressed that he Was gettlng more. No, Senator Watson, that's very herolc, but you really donlt, because Senator Cronin said, ''Everybody Wins.'' Now, anybody who doesn't kant to Win, vote No. PRESIDING OPFICER: (SENATOR DUDYCZ) . Any further diseussion? Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question? PRESIDING OFFICER) (SENATOR DUDYCZ) Sponsor indicates he Will yleld. Senator Jacobs.

Frank, on -- on this issue I'm -- I'm a little confused. I dc understand allocation versus budget, and I think that's a point we should all eonsider. My question is ' this, and 1et me just use ' some numbers for the sake of argument and so 1911 try to do it very closely. My '95-'96 GSA was fifty-six million for my district. My '97 -- '96-'97 GSA is fifty-six million dollars, but I I have a hold harmless of a million twenty-seven. Now, my school I districts are going to depend on that million twenty-seven 1 ! thousand dollars. We'1l call it a million for the sake of l 1 argument. Next year - next year - am I going back -- Whenever I I they figure next year's budget, do we go back to the '95 -- I I mean, the .96-197 GSA : or do we go back to the ,96-197 GSA plus l I khe hold harmless, when we figure next year's increase? ! ! PRESIDING OPFICER: (SENATOR DUDYCZ) I ! 54 I I  STATE OF ILLINOES 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 I Senator Watson. . !

The -- the problem with the -- the fornula: Senator, is it -- it chanqes every year. Maybe this is just a glitch. You know, maybe we are in a situation in which the property values will reverse themselves next year and we'll see an increase, obviously, in funding for downstate schools. Under the -- the hold harmless provision, Senator, whieh you ought to be adamantly supportlngr you - as you have mentioned - you get an inerease of one million twenty-seven thousand fkve hundred and three dollars. And that increase is a result of the fact that your school districts under the current School Aid Formula - now: you kncwy We need to understand that - the current School Atd Formula, you lose. We say -- our -- our position is that your school shouldn't suffer as a result of this nomentary snapshotr we hope, or this glitcb that's taking place in the School Aid Fornula. And as a result, we want to pump one -- over one million dollars into your distrëct and to your young peoplep and I would hope that you would think that that's somethin: that you would support. '

PRESIDING OFFICER: (SENATOR DUDYCZ) senator Jacobs. '

Senator, thank you for that, and -- and that part of it I understand. 3u* stlll, my question is, next year after we have impreqnated our school districts by a million dollars, what happens next year? PRESIDING OFFICER: (SENATOR DUDYCZ) ' SENATOR WATSON: ' Senator, I appreciake khat; I'm concerned about What happens ' next year, too. And like I said, I just hope this is a -- a moment in time; that maybe, if' in fact, we come back next year 55  I I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSEON SENATE TRANSCRIPT 112th Legislative Day May 24# 1996 under the current School Aid Formula, that it will reverse itself. I If it does not, then I'm prepared to sit down and discuss a means by which we ehange that formula so that we don't have to create these hold harmless provisions. If we do have to create a hold harmless provision next year to -- to save our schaols, I'm willing to be at the table to do that. PRESTDING OFFICERJ (SESATOR DUDYCZ) Senator Jacobs. SENATOR JACOBS: J Thank you, and I appreciate that. But beings wedll -- follow it on the lines of pregnancy here -- or, impregnation, what happens, however, if, between now and next year vhen ke go to take care of this, we have a mlscarriage, and this becomes that? My question really boils down to -- is veryz very simple. Would you be willing to address the issue of makinç the hold harmless permanent?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson. SENATOR WATSON ) Absolutely. Absolutely, and I mean I'm a strong advocate for that. Obviously, we'll need the support of the whole General Assembly to do that, but I Would be very supportlve. Now, I don't know about your Democrat friends that sit -- that represent the City of Chicagc, because they gek zero out of thatz and that's why theydre up here Whining on the Floor so mueh about the hold harmless position, because their EAV went up and they get zero. That's why we're hearlng so much from them, Senator. You should be a Yes vote. You ought to be representin: the people that -- of your area that sent you here. Xou should be Yes and supportlng more money for your schools. 1 PRESIDING OFFICER: (SENATOR DUDYCZ) I . I Senatcr Jacobs. I I 56 J I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24' 1996 I SENATOR JACOBS: And, Senator Watson, I would agree With your impassioned plea on that particular point if I was looking at just this year. But I am awfully, awfully concerned that What we are going to see With this, with the hold harmless, is a lower GSA next year from Whlch j to take any increase that this legislative Body may give. And I am concerned about not only thls year, and you are correct in your -- in your comments, a Yes - for this year, I definitely should M vote for this. But I stlll am not aware of what's going to happen next year, the year after, because of the hold harmless. And that's the only part of it, Senator, that really bothers me. i PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Butler. SENATOR BUTLER: Thank you, Mr. President. I'm glad thls discussion has gotten back to money, because that's going to be my favorite subjeçt - . ! I'm warning everybody - in -- in the next year. Because as We discuss thls whole education matterr nore and nore numbers are coming out, and I'm getting a little more and nore peeved about the whole thing. Let me tell you one number, and I want everybady here to keep track of this nu'mber. The amount of GSA that goes d into my dlstrict ls two hundred and fifty-two dollars and twenty-five cents per pupil. Now, I wonder how many, other than some of the suburban, would be happy to trade that amount with whatever each of you are getting in your districts. TWo hundred and flfEy-two dollars and fifty-two cents -- or, twenty-flve cents, Ilm sorry. Senator Jones talked about percentages. Let me tell you, I'd like to have a hundred-percent increase. We should get a hundred-percent increase to come even close to What everybcdy else is doing. When we talk about equity in . dkstribution, two hundred and fifty-two dollars and tWenty-five k cents, and I would like to point out that half of the districts in 57  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leglslative Day May 24, 1996 - - in my Senate district spend less money per pupil than do than does the City of Chicago . So let's have a complete open hearing; let's shed scme sunlight on this -- on this Whole matter of funding. As Senator Watson said, a11 of the whining about money, more noney, more money, more money. I'n all for that; want more money for my district so we can start to bring down our taxes. Senator Watson and his crew have done a great job. I'm totally supportive of them. hope to heck get a two-hundred-percent increase in my GSA, because We -- ke Will begin to feel a little bit of all the money we pump every place or, so many other plqees this State. Let's support Frank. We're on the right track. We've got a long way tc go. Wedve got twentg years of misuse to overcome. We can't do it in one year.

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

Senator Watson -- have a question might add, if the sponsor will yield.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indtcates he will yield. Senator Demuzlo.

I'm looking at a House printout of my school district ln the community that I live and I'm also looking at a prlntout of -- the Senate printout/ both on hold harmless and putting money the formula. This indicates that do better by putting al1 the money into the formula rather than putElng -- çolng wlth your proposal. Nows I'n not trying to slow this process down, but only have one copy here from the House. fld like to have some time to verify this, because I'nr quite frankly, confused as to what I ought to be doin; here at this moment. you could give us a few moments, perhaps, to get some -- some -- some printouts here for everybodyr showing the difference between hold harmless 58  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24z 1996 -- your -- your -- your proposition and putting money in the formulay I think this would help us a great deal. And, agaln, I don't want to be dilatory and I'm not trying to purposely slow this process down; Ifm -- I'm trying to -- to understand what -- better what I ouqht to be doing herer and there's a 1ot of other Members that are a little confused as Well. Is lt -- is it possible?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

Welly I appreciate your concern and I -- and I understand that, .and I know your interest in your district and that's -- I that's fine. Wedve had printouts and -- and youdve ask me for ! I printouts, and I've never understood why those -- that informatlon's not been made available to you, and I -- I would have thought the State Board of Educatlon Would givq those to -- to everyone, if you ask for them. I -- I -- and I know youdve -- you've been frustrated by that and I can appreciate that. But this bill's been out there for three days now, and wefve been discusslng it off and on in the news media. You've probably seen about it. So I think'that the -- the discussion's therer the i bill's before us, and I think we shculd praceed. ;

PRESIDING OFFICER: (SENATOR DUDYCZ) ! ! I Senator Demuzio.

Well, slnce we donlt know whatls in the approprlatlon bl1l this afternoon, what was your computer printout based on? What numbers did you use?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

Wellr it -- it -- haur by hour it changed. And I -- I've got i 1 i 59  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 a folder here, would imagine of some maybe fifteen different printouts. We are talking about -- and as you know and as you've mentioned, and I haven't seen the budget either, but we are talking about an additional twenty-three million dollars to hold harmless provision, which over and above the Governor's fifty-one million that he put into the formula . And then Wedre talking about an additional fifey-three million, based on the provisions that are in thls legislatlon. That's where We're at now. Obvtouslyr khat could change between now and this evenin: when the budget message is brought before us.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.

Senator, a11 I'm asking for is about twentyr thirty ninutes, in order to get a printout for everybody. That's -- that -- that is not an unreasonable request. may Want to guppart your prcpositlon. Why don't you give us the opportunity to -- to -- it's on 2nd Readlng, why don't you give us an oppdrtunity to do that? That's al1 I'm asking.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

Well, then, two points to make. I guess, one; thls isn't the budget blll. So we can't -- to get a printout -- an honest printout of what We're to do and the money that's going to be allocaEed, we honestly don't know. Secondly, we've been debating this now, would assume, don't know, time flies When We're having a gcod tlme, so it's been an hourr at least, probably longer. That -- that question should have beed asked -- actuallyy that question should have been asked last Tuesday, When we passed this out of the Education Comnittee. I meanr Welve had ample time to get the lnformation together for a11 of us to make a declsion 60  STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 on what we want to do on thls piece of legislation. I think We should move forward and I'd resist the effort to take it out of the record.

PRESIDING OFFICER: (SENATOR DUDYCZ) senator Demuzio .

Well, again, you know, here's the -- here's the difficulty, guess. You say you have printcuts and printouts and printouts. mean, we're trying to figure out what the number is ourselves. So we think that we have a printout, based -- predicated on the -- on the numbers that you just gave us. A11 it would be is to copy the printout for our Members. That's al1 we're askinç for. We're not asking for another computer run. We have a -- one printout based upon the numbers that you gave us. we want ls time just to copy it.

PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? jenator Jacobs, what purpose do you rise?

Call for a Democratic Caucus in Senator Pate Philip -- I mean,. Senator Emil Jones' Office. Well, We know where the power lies right now . In Senator Emil Jones' Office immediately.

PRESIDING OFFICER: (SENATOR DUDYCZ) That request -- that request is in order. Senator Jacobs is asking for a Democratic Caucus ln Senator Jones' Office. Senator Jacobs, could you lnform the Eenate how long you expec: to b9?

No more than thirty mlnutes.

PRESIDING OFFICER: (SENATOR DUDYCZ) The Senate will -- Will stand in recess until the hour 2. And we shall return promptly at the hour of 2. 6.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 I (SENATE STANDS IN RECESS) (SENATE RECONVENES) PRESIDING OFFICER: (SENATOR DUDYCZ) ... Members please return to the Floor. Shortly, We Will be going to the Order of Recallsr 2nd Reading . We Were debating Floor Amendment No. 2 to House Bill 2596. ...Garcia, what purpose do you rise? SENATOR GARCIA: . Thank .you, Mr. President. I rise for a point of personal privilege. PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. SENATOR GARCIA : Mr President, on the Republican slde, gallery, We have a group of visitors. It's a group of visitors fron the Manuel Perez Elementary School in Chicagoy in ny district. He was a Congressional Medal of Hcncr recipient. It's the graduating class of 1996. I Would like to' ask them to rise and be recoçnized by the Senate, and say welcome to Springfield . PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized? Welcome to Springfield. Senator Watson. On the Order of House Bill 2596 on 2nd Readlng, on Recall, when we -- when the Democrats requesEed a Caucus, we were in the middle of Floor debate on Amendment No. 2. ' ; Is there any further discussion? Senator Karpiel. j SENATOR KARPIEL: Thank -- thank you, Mr. President. I have a question for the I . sponsor. PRESIDING OFFICER: (SENATOR DUDYCZ) l 62  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24: 1996 Sponsor indicates he will yield. Senator Karplel.

In the prcvision -- or, in this bill there is a provision to reduce the nunber of people on the State Board of Education, and wonder he could explain the numbers, how -- they came to that decision and let us know a little about that.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

Yes, thank you. As you recall, we reduced the size of the Chicago Board of rducation from fifteen to five. We have -- we have made several changes in different commlssions in the State, reducln: the number. It seems to be more operational. Wedre actually asklng that we reduce the number from seventeen to nine. Tvo of those members would be fron Cook County; two would be from the collars; two would be from downstate; and three would be at largey creating the regional balance that we -- that I think is necessary for the State Board of Education. But that's primarily - - and the State Superintendent has Joe Spagnolo does not support the reductlon, but this ls an issue that we felt that was important to give 'some -- some credibility to the State Board. Maybe by reducin: the numbers, it raises its prestiqe. We want quality people invclved. And as a result, we thlnk itls more operatlonal with -- with a number of nine.

PRESIDING OFFICER: (SENATOR DUDYCZ) Jeremy Finley from WAND-TV has requesEed approval permission to videotape the proceedinqs. Hearing no objection, leave is granted. Any further discusslon? Senator Berman, for a second time.

Thank you, Mr. President. My name was mentioned in debate and thouqht Would be appropriate for me to respond. During our ' STATE OF ILLINOIS 89T: GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 caucus, we tock the printouts and took a look at them. And 1 according to the numbers that we took a look at, Senator Watson, just for your protection and tnformation, the printouts that we ; saw, under this bill, your school dlstricts are net losers. I just want you to know that. Now, maybe wedre looking at two ; different numbers, but I've got to tell you, if I take the 133.8 mlllion dollars... Wellr then, 1et me back up a mlnute. Let ne ask the sponsor: Is the total of the general State aid allocation, the hold harmless and the flat grant, is that 133.8 I millton dottars? : PRESIDING OFFICEF: (SENATOR DUDYCZ) Senator Watson. ; SENATOR WATSON: Senator, youdve been around here a long time. I've -- Welre I trying to keep track of the number of times I've said this. It's well over -- we're in debt well over and well into double digits. j The budget is another matter; that's a bill that Will follow later. We don't have any clue as to What those final numbers are ë being -- will be. We do know that the Governor allocated 51.3 ! miiilon into khO formula. And We do knoW that lf the hcld harmless provisio'n is put in in full force, that that's an additional twenty-three million. So# I don 't know where you're comlng up with those -- it's speculation, I guess, and that may be i speculation that ultimately becomes fact. I don't know. But that's a different bill. ' PRESIDING OPFICER: (SENATOR DUDVCZ) Senator Berman. E SENATOR BERMAN: Well, 1et -- 1et me just tell you that it disturbs me that We i j are being asked to vote on a bill that aukhorlzes a substantial i change in funding allocation of State aid for schools and I am I told that we don't know the number that Welre using. Now, Ladies ! 64 ; I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 and Gentlemen, I Will tell you, and Frank is right - Senator Watson ls rlght; I've been around here a lon: tlme if there's one thing that is most of the time determined by -- your vote is determined by the computer prlntout, it is tbe schcol aid allocation. And 1et me tell you: the numbers that have been given to me is that the general State aid allocatlcn ls 51.3 million; the hold harmless is 23.2 nillion; and the flat grant is 52.6 million. That adds up to 133.8 million dollars. that's -- assuminq that's the numbers, and I've not been told that that's not the number - apparently nobody has the number; that's the one I'm using will tell you that your school dlstrict -- your school district is only able to spend an amount of money on their students which is below the Stake average of approximately fifty-five hundred dollars or so per student in the elementary schools, if you 're below that average, taking fifty-two million doltars for a flat srant ts takinç money awgy from your kids. just that simple. If youdre from a belcw-average expendlture district, you should be voting No, because -- Senator Butler's comments Were the best argument that I have. He has highz high: high expenditure districts. God bless them. They Went there; they've got high real estate taxes. They increase their -- their tax rate at the polls, and they're spending big money for their kids. Every one of the kids ln those hlgh expenditure districts is going to get dollars. Now, that's wonderful for Senator Butler to go home and issue that press release. 3ut I Wi11 tell you that that money that's golng to hls dlskrlcE ls comlng out of the school dlstrlcts like Calumet City that's only spending -- able to spend twenty-six hundred dollars a kid. And if we're talking about a11 the children in Illincis, allccatlng money for flat grant is discriminatory against children that live poor districts. The hold harmless is taking money away from children that live in dlstricts that dldn't see a substantial increase in 65  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RZGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 their real estate vaiues. If we uere sitting down and we had decided to reevaluate and redo the entire schcol funding mechanism with a substantial increase in revenue and a redoing of the entire State Aid Formular these issues are fair debate. But We haven 't done that. We're dealing with two hundred and some million dollars. It's only the increase in a good year. Next yearr for our budget purposes, may -- will probably be substantially less than thls year. You 're hurtin: the children that need the most help. urge an Aye I urge a No vote on this amendment. Thank you.

PRESIDINS OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator DeAngelis, for a second time. SENATOR DeANGELIS: Well, can I ask a question of the previous speaker?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAnçelis, if you wish, you m#y walk over to Senator Berman and ask him anything you wish. SENATOR DeANGELTS: Well, Senator -- Senator Berman's argument is like the person that says -- could we have a little order? Could we either -- could Ve either have a little order or send the Democrats back to their caucus?

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussicn? SENATOR DeANGELIS: Yes.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngells. SENATOR DeANGELIS: It's like the argument that I saved fifty dollars when boughe a hundred-dollar coat for fifty dollars. No, spent fifty dollars. Senator Berman, Calumet City didn't -- didn't lose 66  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislatlve Day May 24z 1996 anything, 'cause they didn't get it. They didn 't lose anything. We're not arquing about whether we put through this way, or that way, and it isn't a hundred and thirty-three million dollars. So you got a false number and a false premise, and you khich obviously comes to a false conclusion. The point is this, that there are many instances, and can tell you they are my district, where we have had school districts who have lost property taxes and State aid at the same time because their average EAV behind every student is probably higher than is at some other place in the State. And to turn around and try to make this a rich-poor argument is wrong. is not that way. You've got to look at some of these numbers, hoW they fall. The fact of the matter is tbis; The -- every school district in the State of Illinois wins, Without a tax increase. Everyone of them wins. Now if you're Worried about somebody winning a little bit more than you do, fine. But you know what? You don't have that already. You don't have that. You don't have any of it. So ycu dre not losing anything if somebody else gets it, 'cause you don't have lt to begin with. the old argument about the fîfty dollars. saved fifty bucks; I bought a hundred-dollar coat for fifty bucks. Bu11'. You spent fifty dollars, that's what you did. So let's quit looking -- looking at the thing in the -- in the wrong way. Every school district is a wlnner. And the reason that a flat grant system was used - and by the wayr if you do, beside by each printcut, analysis, you will find out it comes pretty clase, because in the hold harmless situation, you bring those school districts who have lost up to par. And if you run them through the formula -- if you run them through the formula exclusively, as you indicated, they will recover some of that back Icause you pre putting more dollars in there. But a flat grant -- and -- and let's face ity We are a Body here that requtres fifty-nine votes. Fifty-nine votes. And by george, Senator Watson should be 67 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 112th Legislative Day May 24, 1996 commended for coming up with a bill that fifty-nine dlstricts win. I have been in this General Assenbly when we have played printout politics. And what happens? Huh, I lost. No. The other guy won. Yes. Didn't have a damn thing to do with whether the formula worked or not; it had to dc with where the dollars went. Here's a case where everybody wins. I cannot understand that on this last day that we have debated a bill for so many hours that ls so simple to understand and which is so mechanically misunderstood. Mr. -- Mr. President, I urge an Aye vote on this. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Trotter. SZNATOR TROTTER; Thank you very much, Mr. President. Will the sponsor yield? PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Trotter. SENATOR TROTTER: . Senator Watson, just a -- I disagree, one, that this is a real simple b111. There are -- there are certain aspects of this bill that do bother me. So just for leçislative intent: One of the those issues is the school search issue. I know it's been touched upon. But, in -- in this case, isn't it the 1aw already that warrantless searches of students can happen in schools, but, at the very least, you need an individualized suspicion of that search? Seemingly What wedre doing here is -- is we 're overlooking the probable cause for thcse searches. PRESIDINC OFFICER: (SENATOR DUDXCZ) Senator Watson. SENATOR WATSON: Welly I think the answer to that is that lt's reasonable suspicion. And maybe this would be the appropriate time, Senator Trotterr to -- to clarify, I think, some concerns that you and Senator Molaro may have mentioned. In -- in the bill, on page 26, 68  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 1 Senator Molaro had some concerns about who uculd be searched and I the -- the posslblllty of an automobile would be searched. What we're talking about -- and it specifically says, ''as well as personal effects left in those places and'areas by students''. I ! think it clarifies that -- that teachers, visitors, people visiting, possibly going to a basketball, football game -- I think 1 that the protection is there, and I believe that the concern that you may have for the expansion of this ability to go into what you would consider a private matter is protected by our language, and 1 we specifically say that students and it -- in .regard to their personal effects. PRESIDING OPFICER: (SENATOR DUDVCZ) Senator Trotter. SENATOR TROTTER: Yes. In this case, where spectfically in case law we had the ! Veronica (sic) (Vernonia) School District versus Wayne (Acton), in which we had a student that -- Who did have a random drug test inposed upon then and -- and the school district lost. So -- so we're looking at herer isn't it certaln that we should determine by trier of fact that these issues need to be addressed, 'cause we ' . do have currently case 1aw and khat we're doing here is trying to circumvent that existin: law. And I'm asking why -- why do ke Want to do that when it Was already been proven. PRESIDING OFFICER: (SENATOR DUDYCZ) ! Senator Watson. SENATOR WATSON: When you mentioned random drug test, Senator Trottery I guess I could -- I lost it, because this has nothing to dc with testing 1 students in regard to drug usage or suspicion of drug usage. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Trotter. : SENATOR TROTTER: 69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT llith Legislative Day May 24, 1996 Just in eloslng. I mean there is already case law on the books. I believe that this is, agatn, cërcumventing the rights of - - of students. And I believe students as citizens of this -- of this United States and of the State of Illinois do have rightsr and we should not be trying to treat them as khird-class citlzens, at -- at any regard. So this is an attempt to allow searches. So what wedre doing here is an attempt to allow searchesy for example, of a student's lccked car in a parking lot, withcut even reasonable suspicion to that search. You wouldn't allok that happen to your children, and I believe we as a General Assembly should not have that -- allow that to happen to anyone else's children as well.

PRESIDING OFFICER: (SENATOR DUDYCZ) If there are no further -- if there's no further dlscusslon, Senator Watson, to close.

Well thank you. Thank you, Mr. President, and lengthy debate with a break in the action to try to confuse the issue, I believe. And, I think -- and I'n not sure what comes from the comnents made by the Minority Spokesman. But just for -- so for those of you who -- who represent downstate Illinois, and I -- and I know that that many of you over there share the coneerns of us and we -- we are concerned about our younq people and equtty and those klnds of things, and the hold harmless provision, which seemed to be of major concern to -- to many of you on that slde. If We don't -- if we don't put the hold harmless provision in, Senator Jacobs, you lose one million twenty-seven thousand dollars. Senator Welch, ycu lose one million two hundred and slxty-one thousand. Senator Shadid, in fact you 're the btg winner, you lose one nillion six hundred and sixty-nine thousand. Senator O'Daniel loses four hundred and eleven thousand. Senator Rea loses three hundred .and forty-nine thousand. What we're doing by putting the hold  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Leglsiative Day May 24w 1996 ! I harmless position -- situation in there, Senator Jones, which you i ot up and talked about and talked about my selfishness, I -- I ' agree that -- that I am , and I understand your selfishness also, because Chicago gets zip out of the hold harmless, nothing. This ! ! is an -- this is an issue that is for downstate schools. We generate twenty million dollars ifr in fact, this is going to be 1 fully funded and it's my intention, and certainly I'm workin: the Second Ploor, as well as our appropriations people: to make sure i that this money's in there. And that is important to us downstate ; and I would certainly suggest that if you think that by voting No on this you are helping your school districtsr you are entirely ! ! wrong. Out of the fifty-one million dollars that's allocated in the covernor's budgee, he puts into the School Aid Formula, downstate schools generate four and half nillion. Less than ten p ! percent. So you can talk about the aggregate al1 you want; What I Want to talk about iy today - the snapshot today and hcw lt . : impacts my young people. We lcse by puttln: it lnto the School Aid Formula and the printout politics will bear that to be the fact. Therefs many other issues in here and -- and I'm sometimes I concerned and appalled, quite honestlv, at the -- the attitude that many people seem to have on this Floor about the protection of one's rights. And I -- I -- I understand that. I -- I can -- I I understand Why we should be doing that. But what about ; responsibilities? Wefre continuously talking about protection of their rights - what about the responsibilities of those ! lndivlduals? safe schools ls a major part of this particular piece of leglslation. Safe schools. Unfortunately, we send our young people to school today, we hope they get an education, sure, that's a big part of the process. But what a 1ot of people are worried about, will Johnny or Sally come home. We think we give I ; i the opportunity to our schools to do somethlng about that. And We give them some additional authority. Let's say throv them out îf I ! 71  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislatlve Day May 24, 1996 they 're a problem, ge* r1d of them . Send them to the alternatlve schools. Get them out of the process. Let the kids that are there to learn get an opportunlty to learn. Kids that are creating problemsy they shouldn't be there. Thatls what Wefre trying to do, give that authcrity to -- to those people at the -- in our schools. State Board of Education - reducing the number from seventeen to nine creates a more responsible board, and one that will be protected on a regional basis. The downstate funding, I can 't say enough about. And I think you ought to understand thatz those of you who live downstate, by voting No, you are making a bsg, b1g mistake. We also feel, and experts tell us = I mean, this isn't just a fundin: program; seems to me we're causht up ln that - but experts tell us that we ought to be remediating young kids. In other Words, we ought to identtfy at a very early age kids that maybe have a problem. So we say those kids who take the IGAP test in the third grade, thpse kids that take the IGAP test in the fifth grade' let's identify, diagnostlcally, kids that are havlng problemsy and do something about it. I'd like to think that most schools are doing that. Maybe not. This says you're going to do it. And it gives you the authority at the lo'cal level to develop your own plan to remediate that young chlld and :et them back in -- on the road to a good quallty education. I think that's -- that's very much important, and I think that helps solve the problems of sendlng kids to Stateville, unfortunately, or to Pontiac, or to Vandaliay or to Centralia, or Eo the vast number of correctlonal centers we have throughout this State. We're trying to do something about it. We think lt's lmportant tc reform the process of education. And I ! ! think that's what we're talking about herey Mr. President, and I'd certainly urge an Aye vote, and ask for the Membership to vote for ! it. i

PRESIDING OFFICER: (SENATOR DUDYCZ) 72 ; I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day RaY 1996 On Floor Amendment No. 2 to House Bill 2596, a11 those in favor will vote Aye. Opposed vote Nay . And the voting is open. Have all voted who Wish? Have a11 voted Who wish? Have all voted Who wish? Take the record. On that questlon, there are 38 Ayesy 16 Nays, 2 voting Present, and the amendment is adopted. On the Order of House Bills -- any further Floor amendments?

No further amendments reported.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Readinq. On the Order of House Bills 3rd Reading is -- ln House Bill 2596. Madam Secretary, read the bill. ACTING SECRETARY HAWXER; House Bill 2596. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson. Senator Molaro, what purpcse do you rise?

Thank you: Mr. President. Would the Bcdy give leave to Senator DeLeo to take pietures of the Body while we're worklns?

PRESIDINC OPFICER: (SENATOR DUDYCZ) That Will require a voice vote. Hearing no objectionr leave is granted. think Senator Collins is seeking verification of the affirmative vote.

No .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Colllns, what purpose do you rise?

I'm sorry. was interrupted and and I Was intending to punch my No button, and I -- and I punched down on the last bl11r and I'd like to be recorded No. 73  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 1996

PRESIDING OFFICER: (SENATOR DUDYCZ) Record shall so reflect. Senator Watson.

Well I have to congratulate Speaker Daniels: President Philip for thetr obvious concern for young people in this State, and would ask for a favorable Xes vote regard to this bill.

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

Thank you, Mr. President. I think this bill has been very Well discussed over a lcng period of time and I. would move the previous question.

PRESIDING OFFICER: (SENATOR DUDYCZ) There is one speaker. Senator del Valle. SENATOR dEL VALLE: 1'11 -- 1111 be brlefy Mr. President. But think it's important to -- to emphasize again that, in a year when the Governor finally did *he rlght thing and came with a very good solid proposal that we agreed With, in a yçar when it was said that we would do something slgnificant for educaticn, once again what we have before us# on the last -- or what we hope will be the last day of Session, another quick fix that will leave us further - - further away from where we need to be in terms of finding real solutions on how we finance public education. And I say that because this flat grant and the authorization of a flat grant struckure bull: lnEo *he flnance shruceure ls permanent. And while we will each year approprlate dollars for it's like adding a new categorical program . We uill fund it every year, and every year we will have a fight over how much is going to go lnto the flat grant. And every year, every school district will be told, yes, you're going to get a little more. But every year we're going to see the inequity grow and grow and grow . So instead of 74  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 moving towards equity, we're rapidly running away from it, and i this, I tell you, ensures -- ensures that fewer and fewer Members 1 of this Legislative Body will be able to be in a polltical position to support a real solution, and that's sad.

PRESIDING OFFICER: (SENATOR DUDYCZ) If there's no further discusslon, Senator Watson, to close. SENATOR WATSON: ! I welcome the same thirty-eight Members Who voted Yes on that amendment to vote Aye here ln a bipartisan effort for the young i people of Illinois and thank you. PRESThe IDING OFFICER: (SENATORDUDYCZ) . question is, shall House Bill 2596 pass. All those in J i favor will vote Aye. Opposed will vote Nay. And the votin: is open. HaveallvotedWhokish? Haveallvoted who Wish? Have j I a11 voted who wish? Take the record. On that question, there are 38 Ayes, 14 Nays and 4 voting Present. And House Bill 2596 having received the required constitutionalmajority,is declared passed. 1 ! . .. go to the Order of Secretary's Desk, Resolutions. If you'd turn your regular Calendar to page -- to the mlddle of page 5, Secretary's Desk, Resolutions. House Joint Resolution 79. ! Senator Butler. Madam Secretaryr read the resoiution.

House Joint Resolutlon 79. There are no ccmmittee or Floor amendments reported. PRESSCRZVOC IDINGOFF ICER: (SENATORDUDYCZ) SQ61Pf. l i

Thank you,Mr. President. 1'11 be -- 1911 be brief. Hcuse p Joint Resolutlon 79 asks the Congress to expedite their activity in tryinç to expedite the passage cr the approval of various klnds I of medical treatmentsr drugsy biological products, medical 1 ; devices, et cetera. They are doing that. Thls merely urges the 75 f  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 1 congress to -- to mcve -- move faster to bring about changes -- needed changes in -- in the way medical improvements are brought to the public. And I would urge passage. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler moves the adoption of House Joine Resolution 79. A11 those in favor, say Aye. Oppcsedr Nay. The Ayes have it, and the resolution is adopted. House Joint Resolutlon 133. Senator Dillard. Madam Secretary, read the resolution. ACTING SECRETARY HAWKER : House Joint Resolution 133. There are no comnlttee or Floor amendments reported. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard. SENATOR DILLARD: ' Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. This resolution creates a task force amcng a nunber of the Governor's Code Departments and a couple of members of the public to study the questlon under our new rules and Statutes dealing with landfill -- excuse me quarry blasting next to landfill sitings. There's a couple of these in Illlnoisr where khere's a l quarry next to a landfill, and we just . want to make sure, for I public safety purposes, that we are coordinated and know what the heck we're dotng, and I1d move its adoptton. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator Dillard moves the adoption of House Joint Resolution 133. A1l those in favor Nill I vote Aye. Oppcsed will vote Nay, and the voting is open. Have a11 voted who wish? Have a1l voted who wlsh? Have a1l voted Who ' Wish? lake the record . On that question, there are 55 Ayes, no ! Nays,nonevotingPresent,andtheresolutiontsadopted. Senate f ! Joint Resolution 94. Senator Cronin. Out of the record . ...syverson, khat purposs do you rise? Messages. ' 76  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24# 1996 I 1 ACTING SECRETARY HAWKER: 1 1 A Message from the House by Mr. O'Brien --pardon mey Mr. j McLennandz Clerk. I I Mr. President - I am directed to inform the Senate that ! the House of Representatives has refused to concur with the Senate I 1 in the adoption of their amendment of a bill of the following I title, to witk ! House Bill 3380, together With House -- With Senate ! ! Amendment No. 1. I Non-concurred in by the House, May 23rd, 1996. ' ! A Message from the House by Mr. McLennand: Clerk. I Mr. President - .1 am directed to inform the Senate that I I the House of Representatlves has refused to recede from their I Amendment No. l to a bill of the following title, to wit: ! Senate B111 1037 . ! ! I am further directed to inform the Senate that the House ' ! of Representatives requests a First Conmtttee -- Canference ! / Committee on Senate Bill 1037. ! Action taken by the Housey May 24th, (sicJ (8th) 1996. ! ! A Message from the House by Mr. McLennand, Clerk. I Mr. President - I am directed to inform the Senate that . 1 the House of Representatives has cancurred With the Senate in the ! I passage of a bill of the followlng kitle: to kit: I Senate Bill 1516, together with House Amendments l I and 6. I I Passed the Houser as amendedr May 24th, 1996. I PRESIDINC OFFICER: (SENATOR DUDYCZ) 1 Without objection, the Senaee accedes to the request of the I I ' House for conferenee committees on those bills just read by the j Secretary. Leave 1s granted. 1 ! PRESIDING OFFICER: (SENATOR WEAVER) I . . . will be in order. Committee Reports. I I I 77 i  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i I 112th Legislative Day May 24y 1996 SECRETARY RARRY: Senator Weaver, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned: Referred to the Committee on Executive - Conference Committee Report 1 to Senate Bill 1246, Conference Committee Report l (Sic) (2) to Senate Bill 1414, House Joint Resolution 81; and Be Approved for Consideration - the Motion to Concur with House Amendments l and 3 to Senate Bill 1258. PRESIDING OFFICER: (SENATOR WEAVER) For what purpose -- for what purpose does Senator Karpiel seek reccçnition? SENATOR KARPIEL: . Thank you, Mr. President. There will be an Executive Committee meeting in Roon 212 at 4:15. PRESIDJNG OFFICER: (SENATOR WEAVER) The Senate Will be at ease. . (SENATE STANDS AT EASE) (SENATE REcokvEsEs) PRESIDING OFFICER: (SENATOR DONAHUE) . . . Will reconvene. On Supplemental Calendar 2 is a non-concurrence motion. Senator Philip r on House Bi1l 3380. SENATOR PHELIP: Thank you -- thank you, Madam President. I refuse to reeede on Amendment No. 1 to Hcuse Btl1 338 (slc) (3380). PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing naney Senator Philip moves Ehat khe Senate refuse to reeede frcm 78 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 1 the adoption of Senate Amendment No. l to House Bill 3380, and I I that a conference committee be appointed. A1l those in favory say j I Aye. Opposed, Nay. The Ayes have it, and the motion carries. I Senator Karpiel, for what purpose do you rise? l ! SENATOR KARPIEL: I I Thank you# Madam President. Just to announce that the Senate Executive Committee will neet in five minutes. Five minutes in ' Room 212. Please be there promptly. !

PRESIDING OFFICER: (SENATOR DONAHUE) Senate will stand in recess to the call of the Chair. (SENATE STANDS IN RECESS) (SENATE RECONVENES) PRESIDING OFFICER: (SENATOR DeANGELIS) . The Senate will please come to order. On Supplemental Calendar No. 3 is Senate Bill 1246. Senator Donahue. Read the ' bill, Mr. Secretary. ' ! SECRETARY HARRX: f First Conference Committee Report on Senate Bill 1246. ' PRESIDING OFFICER: (SENATOR DeANGELIS) . Senator Donahue.

Well, thank you, Mr. President and Ladies and Gentlemen of the . - - of the Senate. This ts a very important issue for people across Illinois, for women across Illinois. Access to health care ' is changing. And Conference Committee Report on 1246 allows a I woman to choose... I PRESIDING OFFICER: (SCNATOR DeANGELTS) . f I I 79 f I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislattve Day May 24z 1996 Senator Donahue. Senator Donahue, eould you hold on for a second? We would like to interrupt this for Committee Reports.

Senator Karplelr Chair of the Committee on Executive, reports Senate Bill 1246, the First Conference Committee Report Be Approved for Consideration; Senate Bill 1414, the Seeond Conference Commlttee Repore Be Approved for Constderation.

PRESIDING OFFTCER: (SENATOR DeANGELIS) Senator Donahue, you may contlnue.

Thank you very much.. 1111 start over just so -- people are coming to the Ploor. As I indicated, Lhis is a very important issue, because health care across thts eountry is changing. Conference Comnittee Report, 1246, alloks a uoman to choose an obstetrician or a gynecologist as her principal health care provider within a manaqement care -- a managed care plan. She 's still going to have a primary care phystcian who Will direct her overall care, but khen she needs to see her OB-GYN , she isn't going need eo have a refertak, and that's what this is so -- why this is so important, khat's the whole point of this Conference Comnittee. For Ewenty years of my life, the only doctor I had was my gynecologist. It's the only doctor : needed. And it's a little different kind of an issue because women start going to a gynecoloqist at a very early age and they go for life. And not to have that referral is very important. And I think -- it seems unreasonable to me that, every time I kant to go to a gynecologist, I have to have a referral. It's a cast-saving measure in my mind and I think it's very important. Some of the concerns that have been raised that if you make your OB-GYN your prinary care physlcian that others aren't -- that they're not really qualified to take care of a1l your health. Wellr I disagree with that in Gome regards, because, first cf all, you 80  STATE OF ILLINOIS 89TH GENERAL ASSEABLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24: 1996 still have a primary care physician. And I don't think a f I gynecologist is going to treat a shoulder. They know bettery and ! ( they will either refer you back to your primary care physician or I they will refer you within that netkork to another physician that I I could take care of it. Xour vote for thls Conference Committee is I Very important. It'S important fOr the Women tn Illinofs, and I 1 ask for your support. I PRESIDING OFFICER: (SENATOR DeANGELIS) I Any questlons? Any discussion? Senator Parker. I I SENATOR PARKER : ! Thank youy Mr. Pre4ldent, Ladtes and Gentlemen of the Senate. I I Would the sponsor yield for a question? I PRESIDING OFFICER: (SENATOR DeANGELIS) I 1 Spcnsor says she uil1 yield . 1 I

I In the Public Health and Welfare Committee, We h@d a 1ot of I discussion on this and tbere were discussions from various sides, l ) including HMOs. And I was Wondering, how have they been as far as I negotiating with this bill, as far as agreeing and worklng with I ) the committee and those concerned? I I PRESIDING OFFICER: .(StNATOR DeANGELIS) J Senator Donahue. I I SENATOR DONAHUE: / Well, thank you, Senator Parker. Actually, everybody has been I I very good to work withe but, yesz the HMOS have disaqreed on thls l issue and have some concerns, but in the neqotiations, they worked I I very well vith al1 of us. f I PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Parker. f I SENATOR PARKER : I To -- to the bill: I rise in support of this bill. Todayr I ' I under many managed care health plans, a woman must obtaln I 81 I 1  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24w 1996 permission from her insurance eompany before she may even visit her obstetrician or gynecokogîst. According to a 1993 Gallup Poll, women who had a physical examination wlthin the lask Lvo years were more likely to have been examined by an OB-GXN than any other doctor. The majority of these women consider them to be thetr primary care physicians and it's cerkainly important for them to have that choice and that opportunity. And I uould urge an Aye vote.

PRESIDING OPFICER: (SENATOR DeANGELJS) Senator Lauzen. SENATOR LAUZENJ Thank you, Mr. President. The definition -- let's seer just a comment for the -- for the sponsor. What you 're saylng makes a 1ot of sense. ''the the definition of managed care entity in the Canference Report to Senate B1l1 1246 is intended to cover self-insured employers and labcr unions. However: I'm under the impression that Section 514(a) of ERISA providesr quote: The provistons of this title and Title IV shall supersede any and a11 State laws as they may noW or hereafter relate to any employee beneflt plan. The concern that I have is that -- and I intend to vote for this legiilatlon, but understand that the result of this is going to wlnd up in a court in litigation and I would wonder why we haven't resolved the -- the conflict with the federal law as we've gone through the negotiations of this bill.

PRESIDING OPFICER: (SENATOR DeANGELIS) Is that a questlon: Senat/r Lauzen? Senator Palmer.

Thank you, Mr. President. T just vanted to compliment the sponsor and all of those who had the foresight and insiqht to bring this bill to the Floor and -- for us to vote on I'm sure that everyone will vote Yes on this bilt since it is of such prtmary importance to women across the State of Illinois. It's 82  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRTPT 112th Leîislatlve Day May 24, 1996 I : logical. It 's cost-effective, and as you pointed out, the f gynecologist is a woman's physician for life, and it speaks to so many of the illnesses, so many of the preventive care measures that we are a1l in suppore of and this is a Way to support all of that.

PRESIDING OFFICER: (SENATOR DeANGELTS) The question is, shall the Senate adopt the Conference Committee Report on Senate Blll 1246. Those in favor will vote Aye. The opposed w111 vote Nay. The voting is noW open. Have a11 voted who uish? Have a11 voted who wish? Have a1l voted who wish? Take *he record. . On that question, there are 54 Ayes, none voting Nay, l vottng Present. The Senate does adopt the Conference Committee Report on Senate Bill 1246. And the billr having received the required constitutional majority, is declared passed. On Supplemental Calendar No. 3 is Senate Bill 1414. Do you Wish your Conference Comnittee Report to be called y Senator Geo-/arls? 1 Read the bill, Mr. Secretary.

First -- or, Second Ccnference Committee Report: Mr. President,on Senate B1ll1414. ( PRESIDING OFPI/ER: (SENATOR DPANGELIS) Chair recognlzes Senator Geo-xaris.

Mr. President and Ladies and Gentlemen of *he Senate: this Conferenee Committee Report reverted back to the way it came ouk of the House. Senator Shaw was -- is my eosponsor on it. And under current law, the aggregate prize limit under Bingo Lieense and Tax is about twenty-two hundred and flfty dollars. And there's just -- and certain areas of the State have had it already, in Madison County and St. Clair. We want to make it I statewide, with prizes qoing up to five hundred dollars each, and l E ' I there's so many senior eitizens in our State that take busloads -- I ' I ? 82 I I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24: 1996 I go with busloads over to Indiana on the south and to Wlsconsin on f the north. And we would like to keep the people and the veterans happy, SO Ehey can have their blngo qames - and thesenior 1 l citizens. Ask for a favorable vote. 1 ! I

PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Cullerton. J I SENATOR CULLERTON: I W ield? l ould the sponsor y ! PRESIDING OFPICER: (SENATOR DeANGELIS) I I Sponsor says she will yield. ! SENATOR CU&LERTON: ! Two questtons. Is this statewide? And number two r how many f . I votes did your Lake County bingo bill get over in the House? I I PRESIDING OFFICER: (SENATOR DeANGELIS) / Senator Geo-Karis. I SENATOR GEO-KARIS: ' I With the amendmene that ls there now, ii had about ) ninety-seven, and without the amendment, it had three. Do you I want to hear anynore? 1 I 1 PRESIDTNG OFFICER: (SENATOR DeANGELIS) j I senator ' oemuzio. 1 SENATOR DEMUZIO: j Well, thank you, Mr. Presldent. f

PRESIDING OFFICER: (SENATOR DeANGELIS) SenatorDemuzio. l

Yes. I -- I -- I heard you the first time. Thank you very much. This is statewide. The groups that bave bingo in my area seem to think by increastn: this huge per-day prize that -- goin: to be a 1ot of folks who are -- who are not golng to continue to participate, that theyfre going to go to the larger games. j Perhaps you could address yourself ta that. 1 I l 84 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 PRESIDING OFFICER: (SENATOR DeANGELIS) f I Senator Shaw. I I SENATOR SHAW: ! Thank you, Mr. President. But I rise in support of Senate ' ! Bill 1414, because thls is a bill that will help seniors. That's a11 senîors have to do, and certatnly in my dtstrëct, and -- ! abuttin: Indiana. It's important to -- to the seniors to have this type of bill. Certainly they don't have to travel lonî distance by bus and car and go into Indlana and other borderinq , States to enjoy themselves to have a little fun. Here is people in thpir golden years, not only in ny district, but across . Illinois, and this is a1l that they have to do. This is a gaod bill, and certainly I would urge all Members of this Body to -- ! let's do something for senior citizens who vant to have a little fun in terms of blngo, and this is a good start at it. I urge its adoption. , PRESTDJNG OFFJCERJ (SENATOR D/ANGELIS) I Senator Geo-Raris, Eo close. SENATOR GEO-KARIS: ! , I I ask for a favorable vote. Thank you. I PRESIDtNG OFFICER: (SENATOR DeANGCLIS) ! ' j Question is, shall the Senate adopt the Second Ccnference I Conm ittee Report on Senate Hi11 1414. Those in favor will vote l I Aye, The opposed will vote Nay. The votin: is noW open. Have ! all voted who wish? Have a11 voted who wish? Have a11 voted Who I f wish? Take the record. On that question, Ehere are 43 Ayes, 13 I voting Nay. Conference Committee Report on Senate Bill 1444 (sic) I I (l4l4)r havin: the required constitutional majorityr is declared / 1 passed. Wedll nok return to Senate Supplemental Calendar No. lr I and on Senate Supplemental Calendar No . 1 is House Bill 1249. I I Senator -- Conference Committee on House Bl11 1249. Senator I Petka, do you wish that called? Read the bill, Madam Secretary . ' l I 85  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 ACTING SECRETARY HAWKER: First Conference Conmittee Report on House Bill 1249. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka. SENATOR PETKA: Well, thank you, Mr. President and Members of the Senate. The Conference Committee Report on House Bill 1249 contains eighteen I ? separate provisions. Many of these provisions, Mr. President, we I have discussed; in fact, we have passed out of this Chamber. I I will discuss some of the newer provisions that have not been -- I I sope of the newer provisionsz which were added to this legislation I after ik left the ftrst time. We -- ue've added provisions which I require that a person who is convicted of solicttation for murder I I will have the penaley raised, provided the one who is soliciting I is above the age of eighteen and who solicits a minor below the 1 age of seventeen; the penalty will be enhanced. The hate crime I Statute has been modified to allow prosecutton of persons who I I victimized someone because of their associations with menbers of a 1 specific class. We extended the Truth-in-sentencing Commisslon j deadline to March 1st, 1997. We created an immediate effectlve f date . for no curtains within Department of Corrections. And we I ' j also permitted the Prisoner Review Board Eo conduct hearin:s on ' I early release every three years, rather than every year. There are oelner provisions which have been discussed in the pastr Mr. J Chairman, but would -- I would simply defer to the Nembers of this I Body for any questions they might have on it. PRESIDING OFFICER: (SENATOR DeANGELIS) Senabor Luechtefeld. SENATOR LUECHTEFELD: I Will the sponsor yield for a questlon? I PRESIDING OFFICER: (SENATOR DeANGELIS) I ' I Sponsor says he will. f 86 I I  STATE OF ILLINOIS 89TH GEHERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT ! 112th Legislative Day May 24z 1996 SENATOR LUECRTEFELD: I Senator, when this bill originally left the Senatep the / confiscated funds from the prisoners was supposed to go into an I I employee benefit fund. Now I see that it goes inta the General I I Fund. Is there a reason for that? I I PRESIDING OFPICER: (SENATOR DeANGELIS) I l Senator Petka. I I SENATOR PETKA : I I That's an excellene queskionw Senator. Sometimes, When We are I I in conferences, there is a serles of give-and-take in connection I I with proposals. We basically backed off of our positionr because r I if we did nok, the House conterees indicated that this legislakion I I would not move forward. In a sense, we deferred to their wlshes. I 1 I -- I personally wlsh it was something different; but the whole I I bill would have went down, in my opinion: if we didnIt defer to I I the House. ' j PRESIDING OFPICER: (SENATOR DeANGELIS) l I Senator Welch. 7 I SENATOR WELCH : I I I've got a question of the sponsor. I ' I PRESIDING OFFICER: (SENATOR DeANGELIS) I ' j Sponsor says he will gield. I 2 SENATOR WELCR : I Senator Petkar I believe there's a prcvisëon in -- in this I I ) bill - if I ean flnd it here - that permits the State Appellate j Defender ko award contracts to lawyers to represent lndigent I 1 . defendants in non-deakh row cases under a competitive selection I ( procedure. Could you advise me, is that in there, and if so, what 1 kind of competitlve selection procedure are you talking about? I ? PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Petka. I SENATOR PETKA: I j I ! 87 l I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24: 1996 I l Senator, it will be set up by rule. What it basically will involve is a situation where people will -- orr lawyers Will submit bids in packages of five cases, ten cases, and -- and as few as one. And under those circumstances, following a biddin: procedure, with -- the rules gill be presaribed, they will -- awards will be made. PRESIDING OFFICER: (SENATOR DeANGELIS) SenatorWelch. 1 SENATOR WELCH : Well, I'm curious as to who the committee -- who will -- Who will make up the committee, and secondlv, is the budqet that wefre f going to get inacouplehoursgoingtohaveanynoneyinitto 1 Pay for these lawyers? ' PRESIDINGOFFICER: (SENATORDeANGELIS) J Senator Petka. SENATOR PETKA: The State Appêllate Defender will -- will make the decisions in connectton with the awardtng of those contracts, and will promulgate the rules. The answer to your second question, Senator,atleast from my perspecyive:skill is unclear. .p .. PRESIDINGOFFICER: (SENATORDeANGELIS) ' j SenatorPalmer. J SENATOR PALMER: Thankyou, Mr. President. I have two questions of *he j sponsor. PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he wlll yleld. 1 SENATORPALMER: 1 Senator Petka, there are someverygoodprovisionsinthis j bill. There are two polnts that concern ne, and I Wish you Would clarify them for me. My analysis says that, in a1l crimlnal cases: evidence of a statement made by a witness is nct made I 88 l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leglslative Day May 24, 1996 ! inadmisslble bg *he hearsay rule if a wltness is ordered by a court to testify and refuses if other -- certain other conditions are met. If you could speak to that, please. And secondly, the I analysis says that a person commits the criminal offense of hate crlme if the victim has an assoclation with, is married to, or has ! I a friendshlp with a member of the specific class of people. If you could just clarlfy those fcr me. Appreciate it. J

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka.

In ansker to your first question, what we are doing with the legislation dealing with the hearsay exception is tracking exactly ' ! current federal law. Your second question, what we are deallng with is a situation where there may be a biraclal dating : arrangement to where the hate is directed towards a nember who is not a member of the ' minority class, but yet, under this j legislation, they kould enjoy the same protections. PRESIDING OFFICER: (SENATOR DeANGELIS) ! ( Senator Syverson. Senator Syverson. Senator Collins.

Senator, I -- I assume that Senator Palmer Was satisfied with 5 your answer to that question, and -- and I am not. So, maybe I didn't understand it - your answer. So could you specify again E what you really mean when you said if that person is assoclated with, or is marrled to, or has friendshtp with... The same l questlon. Could you answer ik again? What does that specifically mean? Because khat you said, it was tracking some federal lawp and T'm -- I'm not sure of that.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senabor Pebka. :

Senator Collins, under federal law, and what this proposes, is i 89 I i 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 that once a person testifies before either a -- in a Grand Jury proceeding or where he is requlred to testify, under those circumstances, that testimony, which is given under oath, can be i used at a subsequent proceeding in the event that the witness who had previously testified simply decides not to testify. Those circumstances ordinarily would involve a situaticn where a personz between the time that he has been -- testified under oathr becomes the target of an intiyidation or in some -- some manner or some ; ! way feels that there is a threat to hlmself should he continue to testify.

PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Collins, if you wish to pursue this further, please hit your liqht. Senator Collins. Senator Jacobs. i .

Yes. Thank you, Mr. PresidenL, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question? PRESIDING OPFICER: (SENATOR DeANGELIS) I I Sponsor says he kill yield. :

Let me ask you a question in regards to DUI on this thing. Is a DUI consëdered a felony?

PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Petka. (

: The answer is that a DUI can be a felony.

PRESIDING OFFICER: (SENATOR DeANCELIS) Senator Jacobs.

But under normal circumstances is a DUI considered a felony?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka . .

90  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 Under -- in most ctrcumstances, a DUI is a misdemeanor.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jacobs.

Do we normally send to the State Police fingerprlnts of misdemeanor cases?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka.

Prior to this legislation, the answer is no.

PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Jacobs.

Then that: guess, poses my question. Isz Why are We sendin: fingerprints of misdemeanor cases: or startlng to send themy to -- to the State Pplice? I know that you probably have a reason for doing thatr but I'm just curlous inasmuch as we have the license procedure and the summary suspensions and everything else in regards to the drivers' lieensesr with DUI it beeomes a little bit curiousr at best, to understand why ke want to send . the fingerprints of misdemeanor cases of DUI to the State Police. Can you respond to that?

PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Petka.

Senatorr the answer to thls lnvolves a -- technical operations of the way that we identify criminal offenders. When a person has been fingerprinted and it's entered into the base, it is easier to track a person vhp Mas a prior DUT by using their fingerprint than a -- than a name check. Most specifically, this would probably impact more directly in the Cook County court system than it would in most -- almost al1 other jurisdictions 91  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 throughout the State.

PRESIDING OFFICER: (SENATOR DeANGELIS) SenatorJacobs.

l Has this been requested then, beings it mainly affects Chicago? Has thls been requested by the City of Chicago and/or the Chicago court systems? '

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka.

This Was requested by the State's Attorney's Office. , PRESIDING OFFICER: (SENATOR DeANGELIS) . ! Senator Rea. Senator Rea. SENATOR REA ) Question of the sponsor.

PRESIDING QFFICER: (SENATOR DeANGELIS) Sponsor says be wYll yield. !

I notice in here that it requires the Department of Ccrrections to track the gang activity of inmates and to segregake the gang leaders. Does this mean that if you -- you've :ot the gang leaders that are identlfied, that then they are all moved into a eell to:ether, and then if there's a replacement -- somebody tries to replace them out there as a leader of that particular gang, that they will be moved in also? I i PRESIDING OFFICER: (SENATOR DeANGELIS) j i Senator Petka. I 1 END OF TAPE TAPE 3 92  . STATE 0F ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24y 1996 SENATOR PETKA : p If the distinguished Senator from Cook County, John Cullertony I would answer that question, perhaps it would speed up khe process. I PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Cullerton. ! SENATOR CULLERTON: I Yes. Thank your Mr. President. This amendment thatfs included ! in this Conference Committee Was the subject of amendment that I we've adopted and passed out of the Senate earlier. The -- it ! gives a 1ot of discretion to the Department of Corrections. We ! don't Want to micromanage the Department, but we certainly want to ! do something about the fact that it's -- it's became evident that ' there are gang leaders Withtn the Department that seem to be functioning as gang leaders. So We simply ask the Department to ' segregate gang leaders. We don 't get into the details as to how ' they kgnt to accomplish that goal. PRESIDING OFFICEé: (SENATOR DPANGELIS) Senator Rea. I SENATOR REA : I So, Senator Cullerton: this means then that they have the 1 discretion of doing this and that we're not really mandatinq, even ' though We -- they may kncw Who the gang leaders arey and do know I who they are. What's your -- would be your response? ! PRESIDING OFFICER: (SENATOR DeANCELIS) I senator cullerton. I SENATOR cuLLERTox: ( No. It mandates that they segregate gang leadersz but we I dcn't tell them exactly - in the detail in which your questton Kas / originally posed - as to how they're to go about dotng it. They l -- they have to segregate the gang leaders. If they know who they I a re , they have to segre%ate them, with the goal, implicitlyr that 1 they would stop functioning as gang leaders and stop ccmmuntcating 1 93  STAT; OF ILLINOIS 89TH GZNERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 112th Legislaeive Day May 24' 1996 with the outside world and -- and operatin: their ganqs, which are : I in the outside world. PRESIDING OFFICER: (SENATOR DeANGELIS) I I Senator Rea. ! 1

Another question on thts, Senator Cullerton: Does this mean ! . ! thét -- that they may very well be segregated together as gang leadersy or uould this be separately?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cullerton. i SENATOR CULLERTON: . Well, I -- all -- all the Statute says is segregate the gang leaders. So I think that that's where I've indicated it's really ' up to the Department of Corrections to accomplish the goal that we, the Legislature, are trying tc set for them.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator iea. ! SENATOR REA: s Why don't we go a step further here and why don't we segregate I the gang leaders together? It seems that thls might eliminate j some of the problems that we do have in our correctional ' . I facilities. j PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Cullertan. I !

Well, I'd like Ko segregake them to Nek Mexico, myself, and do a trade. And Wefll take their qang leaders and send then our gang ( leaders, and that way itdll be more difficult for them to operate. I I thlnk that's a serious suggestion the Department ought to take, / . but webre not going to tell them in this bill exactly hoW to do I it. ' !

PRESIDING OFFTCER: (SENATOR DeANGELIS) I 94 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislakive Day May 24r 1996 I Senator Shaw .

Yes. Thank you, Mr. President. Will the sponsor yield? 1 I PRESIDING OFFICER: (SENATOR DeANGELIS) i Sponsor says he will yield. SENATOR SHAW: ' I Would you take us -- let's go back to the DUI portion. Are -- ' I a person Who's arrested under a -- for a DUI today, is that person I printed today? I PRESIDING OFFICER: (SENATOR DeANGELIS) j E Senator Petka. . I SENATOR PETKA: . ! senator, could you repeat your questlon? I was fumbltng ! through papers here. !

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shaw . l i SENATOR jHAW: ! What I'm trying to get at here, is the person -- a person ! that's arrested today for a DUI charge, is that person printed I ! PRESIDING OFFICER: (SENATOR DeANGELIS) . I Senator Petka. ! SENATOR PETKA: ! No. ! PRESIDING OFFICER: (SENATOR DeANGELIS) p Senator Shaw. ! SENATOR SHAW: I Well, why do -- Why do we need to do thls; and -- and why are ! I we doing it? I

PRESIDING OFFICER: (SENATOR DeANGELIS) S I enator Petka. . ' I

1 95 1  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24/ 1996 Senator, in response to a question that came from another Senator, I had lndicated at that time that this came out of the 4 Cook County State's Attorney's Office. It involves the attempt to try to track a -- a misdemeanant offender of DUI using I ! fingerprints as opposed to a name check... I PRESIDING OFFICER: (SENATOR DeAKGELIS) 1 Senator Petka, are you done? Senator Shaw. l I SENATOR SHAW: The -- are you aware that -- let me ask you this: Will these prints be -- once this person is booked for a DUI, will these l prints be sent to khe Department of State Police and the FBI, liVe they do now with most a11 cther ftngerprints? And... . ë PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka. SENATOR P/TMA: The ansker is yes, and if I can just expand on something, Senator. We have already passed the identical provision - the identical provision - in a bill 52 to nothing. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shaw . . ' ! SENATOR SHAW: . Well -- well, it might be the lawy buE it's a bad coneept. ! Because what you 're doln: here - to the -- to the bill - is you -- l you're clogging up the -- and I'm not oppcsed to locklng up DUIs 1 now . I think that they should be arrested, people who get behind j the wheel of a car and drive under the influence. But at the same I time, what you are doing, in Chicago youlre going to tie up police j officers in -- pcssibly in Cook Countyy plus the fact youfre going ! -- that person is going to remain in custody for as nueh as, 1 sometimesy seven to etght hours. And I Was just informed that the I other blll had passed the Senate. But there's no quick way of I getting these people out. The only way that you can do that is ! 96  STATE OF ILLINOTS 7 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 . you have to get, probably, one of the local poliee commanders to ' waive the prints, and that takes action of the Legislature to do that. f thfnk Kha: is a bad concept. and I think you 're going to tie up nore police officers with this concept and t1e up space that we need to put some real criminals in jail. I think thls is - - the bill is fine. I -- I guess as long as it passed the other - - the -- as long as this concept has already passed, I guess 1'11 have to vote for it, because of whak else -- what other 1 leqislation is in the bill. But I think it's a bad concept. j PRESIDING OFFICER: (SENATOR DeANGELIS) SenatorPetka#do youwish toelose? ' / ' SENATOR PETKA : . Only to respond to the Senator that the fingerprints that will be lifted uill not be done by beat offleers. There are people Who are there who process that who are not on the streets. And, you know, aqain, this uas a request from the prosecutor in -- in Cook ' County. Thebillhasbeendiscussedadequately. Iwouldjustask J for a -- an affirmative roll call. PRESIDING OFFICER) (SENATOR DeANGELIS) ! The question 1sy shall the Senate adopt the First Conference Commlttee keport on House Bill 1249. Those in favor wlll vote Aye. Those opposed will vote Nay.And the voting is now open. f ' Have a1l voted who wish? Have a11 voted who uish? Have a1l voted who wish? Take the record. On that questlon, there are 56 Ayes, none voting Nay, none vottng Present. The Senate does adopt the FirstConferenceComnitteeReportonHouse Bill 1249. And the ) bill, having received the required eonstitutional majority, is declared passed. Senator Carroll, why do you Wish recognitlon? l Just to say hello to you. But aside from that, if the record 1 would reflect,Ihappen to havebeenoff the Floorwhen Ccnference f . I Committee keport No. l to Senate Bill 1246 had been voted on. Had ' 97 I I  ' STATE 0F ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislatlve Day May 24, 1996 I I been on the Floor, I Would have voted Aye. I PRESIDING OFFICER: (SENATOR DeANCELIS) I The record will so indicate. We have a matter of paperwork to ! I go through. We will go to Supplemental No. 4. Messages from the 1 House. ! ACTING SECRETARY HAWKER: I A Message from the House by Mr. McLennandy Clerk. ! Mr President - I am directed to inform the Senate that ' the House of Representatives has refused to concur with the Senate ! in the adoption of -- an amendment to a bill of the following title, to wit: House Bill 3696, toqether wi.th Senate Amendment No . 1. Non-concurred in by the House, May 24th, 1996. A Message from the House by Mr. McLennand, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the folloving joint resolutlon, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Jolnt Resolution 135. Adopted by the House, May 24th, 1996. ' PRESIDING OFFICER: (SENATOR DeANGELIS) For what purpose does Senator Woodyard seek recognition? SENATOR WOODYARD: Thank you, Mr. President. A point of personal privilege. ! PRESTDING OFFICER: (SENATOR DeANGELIS) ! State your pointr Senator. I SENATOR WOODYARD: I Well, Senator Cullertony night before last: Welcomed my I seatmate backr and I Wish to do that again this evening. Bob Madigan and I have -- have been together as seatmates for over ten ' yearsr and I'm certainly glad to see him back here this evening. I 98 1 I  STATE OP ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24# 1996 And f've missed his advice and counsel in the past couple of 7 weeks, and I've cast some really bad votesr Bob. And so # I'm tickled Eo death to see you back, and -- and -- and I think al1 of our colleagues and your colleagues are glad to see you baek and çotng again. Congratulations.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Rauschenberger, on House Bill 3696.

...president. Thank you, Mr. President.

PRESEDING OFFICER: (SENATOR DeANGELIS) Oh! Just a seccnd. Read the -- read the. motion: Madam Secretary. Senator Rauschenberger. .

Thank youz Mr. Presidenty Ladies and Gentlemen of the Senate. I would like to move that ue refuse to recede from Senate Amendnent No. 1.

PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Rauschenber:er moves that the Senate refuse to recede from the adoption of Senake Amendment No. l to House Bill 3696, and that a conference committee be appointed. Al1 those in favory say Aye. Opposed: say Nay. The Ayes have it, an2 the motion carries, and the Secretary shall so inform the House. Committee Reports.

Senator Weaver, Chairman of the Committee on Rules, reports that the following Lggtslative Measures have been asslgned: Referred to Executive Committee - Conference Conmittee Report No. 1 to Senate Bill 1037, Conference Committee Report No. l to House Bill 3380, House Joint Resolution 135, and a Motion to Concur with House Amendments l and 6 to Senate Bill 15167 and Be Approved for ' Consideration - House Joint Resolution 8l.

PRESIDING OFFICER: (SENATOR DeANGELIS) # 99  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 On Supplemental Calendar No. 1 is Souse Bill -- there's a ! 1 conference Committee Report on House Bill 3048. Do you Wish that I called, Senator Dillard? Read the -- read the Conference ! f committee Reportr Madam Secretary. I ACTING SECRETARY HAWKER: ! ) . .. conference Committee Report on House Bil1 3048. 1 PRESIDING OFFICER: (SENATOR DeANGELIS) I I Senator Dillard. I SENATOR DILLARD: I I Thank you, Mr. Presidents Ladies and Gentlemen of the Senate. I This Conference Report contains five items. The first regards I frivolous lawsuies which are drafted by inmates.and takes away I I good time should they be found frivolous by a -- a court of law I first, following a hearlng by the Prisoner Review Board. There's ! l also language in here regarding escape and aiding escape of those I people who are on probation. And there is language dealing with a ! I Statute related to what's called SHOCAP, a multidisciplinary ! interagency program dealing with juvenile offendersr and permlts ! SSOCAP to be impkemented at the circuit level -- or subcircuit 1 1 level in Cook County. But the major provision ln this bill is I scmething that a number of people - not myself'- but a number of ! I people - Senator Hawkinson, Representative Turner, and ! Representatlve Black - have wcrked on long and hard, alon: with I ! our staff, and that9s language permitting juveniles from the ages ! of twelve to seventeen to be held in adult jails separaked by r sighk and sound for up to seven days with monitorin: and training ( I standards and after seven days with programmaeic and training I standards. The Juvenlle Justice Authority, Probation Assoeiation I I and Illinois Sheriffs' Association are noW supportive of this ! proviston. I$d be happy to ansuer any questions. ! PRESIDING OFFICER: (SENATOR DeANGELIS) l Senator Palner. 100 I I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th LegislaEive Day May 24, 1996

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

PRESIDING OFFICER: (SENATOR DeANGELIS) Question -- sponsor says he will yield.

Senator Dillard, I know you've worked long and hard on this and brought it back several times and worked With the Illtnois Juvenile Justice, but I'm still concerned, and if you could just elarify, I'm still concerned about juveniles of such a young age incarcerated in adult prisons, and you say they Will be separated by sight and sound, whatever. When we have such overerowded prëscns, how is this possible in praetice?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dtllard.

Senator Palmery think we have more of a overcrowding situation in Illinois, especially downstate Illinois, with respezt to juveniles than we do adults, although adults are a problem. But the overcrowding is even worse among juveniles, and do want to point out to you, pa'am, that it i: is ages twelve and above. So while itds juvenilesz'youdve still got to be twelve or above.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Palmer.

Just one last question: Are we looking to see more money ko put togethsr khatever facilities or accommodations have to be made ta carry this out?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dillard.

Senator Palmery there is goin: to be joint hearings between 1Ql  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 the House and the Senate over *he sumner to really look at the issue of juvenile justice, and funding will be part, E am sure, of khose hearings in What recommendations we would make to ourselves and to the Governor of Illinois. So wedre going to look at the funding issue very carefully, from a number of perspectives, thls Summ er.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cullerton.

Thank you, Mr. President, Members of the Senate. Senator Dillard, I -- I have mixed emotions on . this bill. The -- and I'm sure it's going to pass, so 1'11 be okay, because with regard to your frivolous lawsuit language, if we have to have language like that, your language is much better and ttghter than the language in the conference committee Which we just passed that Senator Petka Was the sponsor. And T would hope ehat ehe Governor would do whatever it takes to make sure that your languaqe becomes the law, as opposed to the language that we just passed in Senator Petka 's. Now, with regard to the other provislons, with regard to juveniles in in the county, I personally think that if there was no change in the federal law and we Vere to pass this lawz Which goes into effect, understandr January 1st, 1997, if there was no change in the federal law, that we -- we could pctentially lose some federal dollarsy even though: admlttedly, the groups have signed off. And it seems to me that would have been better for us to have waited for the Veto Sesslon, seen What the changes in the federal law Were, and then gone ahead and made -- nade our change. Instead, what we might have to do is we might have to come back in the Veto Session and undo this, even though it hasn't gone into effect yet. So it's -- I just -- mentioned this in committee. I'd just llke eo seate it aqain on the on the record . I'm -- I'm going to vote Present, and am sure that l02  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 ' the bill will pass, but I just think it's -- it's worth noting. I PRZSIDING OFFTCSR: (SENATOR DeANGELIS) 1 I Senator Dillardz do you Wish to close? I I SERATOR DILLARD: I Very briefly, Mr. President. I do Want to assure the Members I ! of this Body that we have studied the potential I loss-of-federal-funds issue very carefully and believe, along With ! . I the experts - the Juvenile Justice Authority - that ehere'll be no 1 loss of federal funds here. This addresses a problem z a very real ' I problem, of where We house these juveniles. We can't turn them I I . back ou* on the streets. Thls . saves substantial dollars cf I sheriffs, especially in downstate Illinois, of having to transport ! ! juveniles two and three hours away from thelr counties. It's not a perfect worldr and this is the best we can do at thls hour. ' This is long needed, and we're going to work on thls problem even ! ' further and refine it over the summer. And I would urge an Aye . ! vote. This is very important. . l

PRZSIDING OFFICER: (SENATOR DeANGELTS) The question is, shall the Senate adopt the First Conference ! I Committee Report on House Bill 3048. Those in favor kill vote 1 Aye. The opposed will vote Nay. And the voting ts now open. Have I f all vcted who wish? Have al1 voted who Wish? Have all voted who I wish? Take the record. 0n that questionv there are 49 Ayes, none ! f voting Nay, 4 vottng Present. The -- the Senate does adop: 1 Conference Report on 3048, and the bill, having recetved the I 2 required constitutional majority, is declared passed. On j Supplemental Calendar No. 3 is House Jolnt Resolution No. 8l. I ( Senator Dillardy do you wish that called? Read the resolution, I I Madam Secretary. 1 . ACTING SECRETARY SAWKER: I 1 House Joint Resolukton 81. 1 . There are no committee or Flocr amendments reported. I I l03 I I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dillard.

Thank you: Mr. President, Ladies and Gentlemen of the Senate . Movlng right alcng with the crises potential in the State of Illinots, this resolution is to be sent to Secretary of the Energy O'Leary, and states that in the process of having the federal government look where they are qoin: to store nuclear wastey that we do not Want nuclear waste frcm out of the State of Illinois stored at Argonne Natlonal Laboratory near Lemont. Primarily, it's not a NIMBY syndrome as much as is tuo thlngs: There is a -- a floodplain tbat is a potential problem at Argonne, and Argonne has seven mtllion people within forty-five minuees of it. And we want to make sure that Ehose bureaucrats in Washington understand seven million people live uithin a few minutes of fhis, and has potentially hydrogeologic problems. And I would urge its passage.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch.

I have a question for the sfonsor.

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

Senator Dillardr has the federal qovernment been looking at Argonne or any other place in Illinois to store hlgh-level nuclear waste?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dillard.

Senator Welch, you knowr We had a hearlng just recently ën at Argonne that had about twelve hundred individuals in one day, 104  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 and there were representatives of the Clinton adminlstration out i i looking to store nuclear waste in southwest suburban Chicago, and I I we just want to tell the Clinton administratlon that they ought to look to store this waste somewhere where there aren't 2 hydrogeologic problems and seven million people in our backyard. PRESIDING OFFICER: (SENATOR DeANGELIS) 2 Senator Welch. 1 . SENATOR WELCH : l I Well, then, why don't you change the resolution to say it 1 shouldn't be anywhere in the State of Illinois? Why are ke 4 selecting your community am to be the place to be avoided? If I I youfre so afraid of the Clinton adminlstration landing this turkey in Illinois, I think the amendment should readr we don't kant it I to be placed anywhere in this State. ' PRESIDING OFFICER: (SENATOR DeANGELIS) Is that a question, Senator Weleh? SENATOR WZLCH: Yes, it is. PRESIDING OFFICER) (SENATOR DeANGELTS) Senator Dëllard . SENATOR DILLARD: I Well, Senator Welchr I'd be happy to -- to tell the Clinton ! administration to keep their nuclear waste elsewherez but this ls ! a potential pendin: problemz where members of the administration ' I in Washington have been out looking at this particular I fifty-year-old national laborabory, and We've had hearings. And I I -- southwest suburban area. And I'd be happy Eo Work wikh you on I a resolution telling them to keep nuclear Waste out of other I . places ln Illinolsr but this is just a particular problemy very ' I I potential and very real, for my area. ) . I 105  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch. SENATORWELCH: 1 Yes. I'd just liketoclarifythe record. Thishigh-level l nuclearwasteproblemjustdidnot crop up during the Clinton j administration. It isn't the Clinton administration problem . In fact, President Bush, durins his administration, had the opportunity to land this in Nevada, and because of election politics,hepromisedhewouldn'tsenditthere. SonoWhedumped / this problem on the President's shoulders, and I haven 't heard 1 anybody saye at all, .that they 're going to try to put high-level nuclear waste here in Illinois. In fact, the State of Nevada has beenpassing resoluttonssayingthattheydon'twantitkhere,and l thatls where I think it should go. So this seems to me to be just, you know, let's make a lot of noise so that ue won't have Bengal tigers roaming free in Illinois. Well, we've mad: a lot of ) : noise and when it doesn't land therer we can claim victory. This iskind of Khe same theory. Jf ve -- if we pass this and it / doesn't happen, I guess we can say, ''Wel1, we told them.'' Butr 1 actuallyr we probably should have done this during the Bush administration, when Ehey had the opportunity to land this in Nevaday where it should be. PRESIDING OPFICER: (SENATOR DeANGELIS) 1 ' senator Fawezz. 1 SENATOR FAWELL: J Thank you very much. This is not my district, but it adjolns my district and it happens to be my brother-in-law, Congressman Fawell's district. What Senator Dillard said is exactly true. They have, indeed, started lookin: at Argonne to do some -- dump some of this stuff there. We don't want it in the State of Illinois, but we -- this is a -- a problem that is looming in frontofthe citizens in that thts sectionof the State rig:: - - ) 1 i l06 !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 ! now. I think this is a good resolution. Tt would back up our congressional delegation, who are tryin: thelr very bese to make sure that this does not happen, and it's a bipartisan 1 congresstonal deleqation that ls trying to stop this. They need our support. We ought to a1l be on board. PRESIDING OFFICER: (SENATOR DeANGELIS) f Senator Dillard, to close. SENATOR DILLARD: ) Pledse let the board glow with nuclear green lights. Thank 1 you. PRESIDING OFFICER: (SENATOR DeANGELIS) 1 Senator Dillard moves the adcption of House Joint Resolution ! 81. Those in favor, say Aye. Opposed , say Nay. The Ayes have I ! it, and the resolution is adopted . We'1l now return to the I regular Calendar, and on page 6, under Conference Committee ! Reports, is Senate Bill 1490. Do you wish that callede Senator Dillard -- Senator Lauzen? Read the conference committee repo'rt, Madam Secretary . SECRETARY HARRY: First Concerence Committee Report on Senate B1ll 1490. PRESIDING OFFICER: ' (SENATOR DeANGELIS) Senator Lauzen. SENATOR LAUZEN: Thank you, Mr. President. This legislation has tWo parbs in Conference Committee. As debated earller this week, Senate Bill 1490 codifies the Illinois Supreme Court decislon of Kraslnski versus United Pareel Service reqarding legal protection provided to employers in providing references for employment. As I ' mentioned in debate then, and for purposes of this Conference i Report I kould repeate that this language does not go beyond What *he current 1aw does in protecting employers in providing referenees. An employee's rights or ability to sue and have an 107 : ' ;  ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24y 1996 1 . employer held liable for their comments relating to a job l reference are in no way diminished. The second part of the bill j also contains provisions that for the -- for nearly a year beneftciaries of the Workers' Compensation Rate Adjustment Fund have severely suffered due to the inabtlity of the Pund to pay its : ob1i( Jations. Dependents of those killed on the job, and working ' nen and women who have been totally disabledy have not been ' receiving their benefits due to a lack of fundlng. Those benefits f are only paid through April of '95 - that's thirteen months agc - and 3.8 million dollars is owed. By increasing the premiun or J assessment on workers' compensation insurers and self-insured I ! employers - Which is different from uhat I've heard circulating, 1 that this is to be paid by small business; it's paid by insurers l and self-insured employers - from one-half of a percent to ! three-quarters of one percent, and allowing the Fund to borrow in I ! the short tern from GRF to cover interim shortfalls until the -- l the increased assessments replenish the Fund. The Industrial ' Commission estimates -- estimates that we wl11 pay baek the ! Ceneral Revenue Fund within nine to eiqhteen months and then ! provlde a funding solution for beneficiaries of the Rate . 1 Adjustment Fund until the year 2006. Be happy to answer any questlons. ; PRESIDING OFFICER: (SENATOR beANGELIS) l Senator Garcia. I SENATOR GARCIA: J Thank you: Mr. President. A question of the sponsor. I PRESTDING OFFICER: (SENATOR DeANGELIS) I Sponsor says he vi1l yield. ' 1 SENATOR GARCIA : I 1 Thank you. Senatpr Lauzenw did the Rate Adjustment Fund ' I portion of the Conference Committee have anything to do With the difference between the two houses on Senate -- on Senate Bill ? I 108 ) j i I  I STATE OF ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 i 1490? Because, as you'll recall, Senate Bill 1490 failed in the Senate becausethere--had beenanended in the House. If not, 1 why is the provision in the Rate Adjustment Fund included in this Report? I . PRESIDING OFFICER: (SENATOR DeANGELIS) j senator Lauzen. J !

1 Thank you, senator. I believe that the House had a different I view of the bill. I !

PRESIDINC OFFICER: (SENATOR DeANGELIS) . 1 Senatov Garela. I SENATOR GARCIA: I I think that's rather obvious, but my question is: How were 1 I these two bills commingled in this Conference Committee Report? I Did the Rules Committee rule that an emergency exlsted? Because l I'm not sure that one bill was germane to the other. ' ' !

PRESTDJNG QPFICER: (SENATOR DeANGELIS) : Senator Lauzen. 1 SENATOR LAUZEN : I Senator Gareia, I think that both of these ispues deal with f employmen: . issues and so are obviously connected to each other. 1 ' j PRESIDING OFFICER: (SENATOR DeANGELIS) I senator Gareëa. ! SENATOR CARCIA: I I I guess if you put it that way, you can really stretch a ' definltion or the concept, but that's neither here nor there. 1 f do want to point out that in case an emergency is perceived to exist, you kncer webve been flounderlng here for three years and 1 not addressed the issue of the Rate Adjustment Fund, and I'm glad to see that Wedre doing so today. I have one more question for youz and then Iuill addressthebi11. Whatis theannualcost? ' f Could you repeat that again? I think you may have stated it ln I l09  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 J your description of the Conference Committee Report. What is the annual cost to employers affected by this bill? j

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Lauzen.

T believe that the amoune thae's beîng authorized for the borrowing goes to seven million, which is an increase of about three point -- maybe 3.6... The increase is from 2.5 to seven million, and that's patd by Workers' compensatlon insurers and self-insured employers, not, as I've heard reported about, by snall Muslness. PRESIDINGOFFICER: (SENATORDeANGELIS) f Senator Garcia . SENATORGARCIA: / Well, to the bill: I just want to make a couple points. First of all, tbis bill gives us some gpod things, in that wedre addressing the Rate Adjustment Fund that dealsWithworkers' J compensation and benefits to survivors, et cetera. And secondlyz it gives us some bad aspects of the blll, and that is the Employment Record Disclosure Act. As you know: organized labor ls opposed to the bill due to the lack of definition of what we have come to deffne as the truth - and I say that quote, unquote; ''truth''- thedeterminationofwho aprospectlveemployer is, and f what really affects a person's job performance. The Act could allow an employer to traffic in rumors and gossip at the expense of the employee or former employee. The Management Association l supports the Act because it Will allcw employers to provide 'truthful' quote/unquotey information to prcspective employee -- J employers about employees or former employees without the threat i of being sued by the employee. Prospective employers will want the trut: to avoid hiring problam eaployess, Commcnly known as . the widows' and orphans' fund, the -- the Rate Adjustment Fund - I 110  STATE OF ILLINOIS l 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 I've already addressed that. I simply Want to say that organized / labor is neutral on the bill; howeverz they Would urge the Members to give a Present vote. PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Jacobs. 1 SENATOR JACOBS: I I Thank you, Mr. President. Would the sponsor yield? / PRESIDING OFFICER: (SENATOR DeANGELIS) . I Sponsor says he Will yield. I I

I Senator, 1'm aoinq to ask vou a question that probably isn't ' -'' ''' '' j fairy but I think this is the fourth time 1 have addressed pretty I much what Senator Garcia has addressed with the Rate Adjustment 1 ( Fund, otherwlse known as the widows' and orphans' fund. When are ' ! we ever going to quit borrowing to get employers oue of their box? I When are we going to take care pf this Rate Adjustment Fund so I ' people don1e stand the possibility of losing their home, of losing ! ' J a 1ot of things that they have because theylre bêhind in their I payments six: nine, twelve months? It varies as we go along. j That's not fair to anybody in this State, and I think it's time f tha't we take care of this permanently, and I know it's not a fair l ' j question to you: but I think that belngs it's bein: addressedr I just had to make the statement again. j PRESTDING OFFTCER: (SENATOR DeANGELIS) p I Senatar Lauzen, to close. '

Let -- let me answer my esteemed eolleague's questëon in the closing. f believe tha: you have an opportunity tonlght to put J the funding mechanism in place that the Industrial Colmnission estimates will be good tbrough the year 2006. But I'11 only take l a moment in closing that, Wellz of course, the widows' and orphans' fund is a -- a good thing about this bill, also the I ll1 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 ? i truthful references. You know, I've thouqht about it and Ehe kell-intended oppanents in the past are seeking to protect some interestyand I've tried to figureoutWhat thatinterest is. And j the conclusion that I've come to is that I think that theydre -- theydve elevated *heprotectionof-- protection from an evil, f which is a previous enployer telling a lie about an employeey and I I that is -- that's -- certainly to protect from an evil ls a good , E but they're elevating that protection over truth and personal J accountabllity. The problem in the past in actual praetice is 1 that the price that they pay is silence, less accountabllity,and j then not being able to have *he free exchange of truth. So I -- I / would just ask that you vote Xes on this bill. ! PRESIDING OFFICER: (SENATOR DeANGELIS) J Question is, shall the Senate adopt the Conference Commlttee : Report on Senate Bi11 -- Senator Woodyard, your light went on after he started closing. Quesjlon is,shall the Senate adopt the 1 Conference Committee Report on Senate Bilï 1490. Those in favor f . vill vote Aye. The opposed will vobe Nay. The vatkn: tsnow / open. Have all voted who Wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 37 Ayes, none voting Nay, 20 votlng Presentr and the senate does adopt the Conference Committee Report on Senate Bill 1490, and the ( . billr having received the required constitutional majority, is declared passed. ...now proceed to the Order ofkesolutions on 1 Consent Calendar. With the leave of the Body, a11 of those read 7 in today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolutlons on the 1 ConsentCalendar? f AcTlxG SECRETARZ HAwKER: 1 ) There have been no objections filed, Mr. President. I PRESIDING OFFICER: (SENATOR DeANGELIS) . I ' I If not, the question is, shall the resolutions on the Consent ' I ll2 l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 ! ! CaLendar be adopted. Al1 those in favorr say Aye. Opposedz say Nay. The Ayes have it. The motion carries, and the resolutions I areadopted. .w.reascndoesSenatorRalcaseekrecognition?

f I Thank you, Mr. President. I've just been informed by the ! Secretary -- I'm sorry, by the Sergeant-at-Arms that there's a car with legislative plates in the drive w1th lts windows open. l PRESIDING OFFICER: (SENATOR DeANGELIS) , Would you like to tell us what the number of the plates are?

Just has legislative plates. Whoever that might be.

PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Dudycz sitting in Senator Madigan's... ! SENATOR DUDYCZ: ; Somebody told me it Was a van with Ehe number ',40,' on the license plate. I PRESIDING OFFICER: (SENATOR DeANGELI/) i What reason does Senator Karpiel seek recognition? I !

! Thank you, Mr. Presldent. For the purpcses -- purpose of an announcement, and I best bet no one can guess what I want to I announce. That's why we're having this huge storm out there; it i goes alon: with the miracle. Actually, I am announcing an Exeeutive Committee meeting in Room 400. Room ehange. 40O at ! 9:15. I

PRESIDINC OFFICER: (SENATOR DeANGELIS) Senator Rauschenberger. ! SENATOR RAUSCSENBERGER) I g Thank you, Mr. President. I'd like to announce two things. At 9:15: or so, in Room 212, immediately followin: what I expect to be caucuses by both Parties: we 're offering a blpartisan ! briefing on the budget with some handouts and information before 113  STANE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24: 1996 I the Appropriation commlttee will meet at 9:45 in Room 212. So q 9:15 for a bipartisan briefing; 9:45 for the Senate Appropriation I Committee to hear testimony on the budget. J : PRESIDING OPFICER: (SENATOR DPANGELIS) I Senator Donahue. ! SENATOR DONAHUE: : Well, thank you... Thank you, Mr. President. I Would like to announce a Republican Caucus immediately follcwing the Rules Commlttee, which is going to meet very shortly . So a caucus in -- in Pate Philip's Office very shortly. PRESIDING OFFICERJ (SENATOR DONAHUE) . m. Repores. SECRETAR? HARRY: Senator Weaver, Chair of the Committee on Rules, reports the followinq Legislative Measures have been assigned) Referred to the Commtttee on Apprppriations - Subject makter hearing on Conference Committee Reports to House Bill 3696 and Senate 3i11 12607 to the Committee on Executive - Conferenee Committee Report I 1 to House Bill 431, subject matter on the Motion to Concur uith ' House Amendments l and 3 to Sçnate Bill 12587 re-referred from the $ ' i Connittee to the Rules Committee - House Joint i Execut ve ! Resolution 135; and Be Approved for Consideration - House Joint l Resolutien 135, Conference Committee Report l to Senate Bill 1260: 1 and Conference Committee Report 1 to House Bill 3696. ! PRESIDING OFFICER: (SENATOR DONAHUE) f There's a Republican Caucus immediately in Senator Pate I Philip's Office, and the Senate will stand in recess unttl the j ' call of the Chair. . 2 1 I (SENATE STANDS IN RECESS) f ' j I ll4 ; !  STATE OF ILLINOIS I 89TH GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24: 1996 1 I (SENATE RECONVENES) PRESIDINGOFFICER: (SENATOR DONAHUE) f ...ki1l come to order. Senator Berman, for whak purpcse do you rise? Senator Bermany for what purpose do you seek recognition? f ! SENATOR BERMAN: I Thank you, Madam President. I would respectfuiiy request a f . Democratic Caucus in Senator Jones' Office. I PRZSIDING OFFICER: (SENATOR DONAHUE) I That request is always in order. The Senate will stand in ( I reeess till the hour of eleven o'clock. Senator Jones, for what I purpose do you rise? I I

1 Madam Presldent, we just received this budget and tn order to 1 round the Members u' p so they çan have adequate time tc deal with a I proper caucusy I know you had a caucus that laGted about I forty-five minutes, we just request the same to do -- to go over 1 the budget before we proceed. I

PRESIDING OFFICER: (SENAYOR DONASUE) That's qutte a1l right, Senator Jones. We will recess till I the hour of 11:zs. 1 , I (SENATE STANDS IN RECESS) (SENATE RECONVENES)

The Senate will come to order. Conmittee Reparts. sscnsvaayuaRay, j I 1l5 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSJON SENATE TRANSCRIPT 112th Leglslatlve Day May 24, 1996 Senator Karpiel, Chair of the Committee on Executive, reports I House Bill 431: the First Conferenee Committee Report Be Approved I for consideration; House Bill 3380, First Conference Committee I I Report Be Approved for Consideration; Senate Bill 1037, First Conference Committee Report Be Approved for Consideration; and Senaee Bill 1516, the Motion to Concur with House Amendments 1 and ' 6 Be Adopted. Senator Weaver, Chair of the Committee on Rukesr reports the followin: bills are, pursuant to Senate Rule 3-9(b), exempt from the automatic re-referral provision of that rule: Referred to tbe Agriculture and Conservation Committee - Senate Bill 13317 to the Commtttee on Environment and Energy - Senate Bill 638 and 1058 (sic); and re-referred from Secretary's Desk to the Senate Rules Committee - Senate Joint Resolution 3.

Supplement#l Calendar 5, Secretary's Desk, Resolutions. House Joint Resolution 135. Senator Watson, do you wish the resolu*ion considered? Mr. Secretary, read the resolution.

House Joint Resolption 135, offered by Senator Watson. . There Were no conmittee or Floor amendments, Mr. President. PRESIDENT PHILIPZ Senator Watson.

Ves/ thank -- thank your Mr. President. This resolution establishes a task force that's to submit to the General Assembly, no later than January 1st, 1997, a report containing specific recommendatlons reqardlng regional coordination of the air transportation in southwestern Illinois. There uill be a task . force appointed, composed of seven nembers. The task force shall hold public hearings in the area, formulate possiblp legislatlve proposalsz and discuss the long-term air transportation planning l16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 in the southweskern Illinois, cne of the fastest çrogtng areas in the State, and one in which we have a considerable number of airports. I would ask for your consideration.

Any fureher discussion? Senaeor Clayborne.

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

Indicates he will. Senator Clayborne.

Clayborne.

Clayborne. I'm sorry.

Clayborne. Senator Watson, are you familiar with the Southwestern Illinois Leadershlp Council?

Senator Watson.

Yesr very much so. Outstanding regional organizatfon that does a great job for us down there. Absolutely.

Senator, put your light on. Senator Clayborne.

And, Senator Watson, this is a regional prcgram mean, regional organization that is made up of various business interests: industry, education, labor and government. Am correct, Senator Watson?

Senator Watson.

Yes, you are.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996

Senator Clayborne.

And, Senator Watson, do you know what their position is as it relates to this resolution?

Senator Watson.

was told earlier in the day that I was going to be gettin: a letter from them , and -- and if I did, I didn't see it, but you obviously must have one there, and I do not...

Senator Clayborne.

Senator Watson, thelr position is, is that they're against this ïouse joint resolution because of -- af various reasons, and thcse reasons being that this take away local control and this is, guess, the o1d -- what has tried to happen with the Chicago airports - metropclitan airports - where there wll1 be other people from outside the area making a determination as it relates to what has basically been a local project, funded, basically, by the local taxpayers. Yet, in this instance, this task force set up to brlng people from outside the communltyr where this is locally funded. And we 've brought -- wefve brought legislation here to clarify different tax assessments and so forth for *he local people, car dealers. We Work together. However, on this task forcer you Want to appoint people that are outside the comnunlty, people that have no direct contact with the community and to make decisions for those people in the community who have determined that they want to finance and operate thls Mid-Amerlca Airport locally and with the St. Clair County and Madison County transit districts. Senator Watson, what ll8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 is the real purpose for this -- this House jolnt resolution?

SenaEor Watson.

Yes. Thank you. It's the -- to study the feasibility of creatin: a regional airport authority. It doesn't say anything about doing ik. It's just studying ity and then getting back to us with their thoughts.

Senator Clayborne.

Senator -- Senator Watsonz isn't 'it correct that we already have other airports in in that region?

Senator Watson.

That is correct.

Senator Clayborne.

Senator Watson, you being in this Body longer than I have and you knowin: of these airports longer than I have, because of age, why haven't -- why haven't we developed or started a task force on other reglonal authorities? Why haven't you brought a bill forth to make sure that Parks College, Parks Airport, is a viable lnterest, because it's leavlng, Senator Watson? Why are you waiting to -- to bring something aqainst -- start a task force against Mid-Amerlca Airport when we have other airports in that region, when we have Parks College that is about tc leave? Why haven't you issued a -- presented a task force, or presented some kind of recommendaticn to study that and to resolve that problem? Why haven't you come forth in this Body -- last year we passed  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 l legislation to implenent a program -- a sugçestion as it relates I to creating a hundred-and-ten-thousand-dollar study tc determine how we can maintain Parks College and make that viable? Why haven't you brouîht something forward, and not to bring -- and just bringing this forward, Senator Watson?

Senator Watson.

i Wellz Senator Claybcrne, I -- I -- I guess you haven't read the resolution, because that's exactly what wedre doing here, is we're looking not atr necessarily, Mid-America. That's nok necessarily what wedre focusing on. We're -- we're focusins upon the aër transportation needs of southwestern Illinois. And I E understand your needs and concerns about Parks. I -- I have ! expressed the same desire. That could be very well a legislative proposal that eomes from thts task force. I think that thts is ! ' ! something y&u should be supportingr because we are concerned about the alr transportation needs of the southwestern Illinois, and I that's what we're trying to do. PRESIDENT PHILIP) . : Senator Clayborne.

So you're telling me, Senator Watson, that this is not -- this was not created because of Mid-America Airport. Is that what youdre telling me, Senator Watson?

Senator Watson. E ssxAToawarsox: / l There's several regional authorlties that handle alrports in : our area. The St. Clair County has the Mid-America Airport; the Madison County Transit District is now involved in the alrport ! near Troy; and then the Bethalto -- City of Bethalto has an l20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 112th Legislative Day May 24, 1996 authority for the St. Louis Regional Airport. So al1 of those are encompassed in what we're doing. But I'd be less than candid, Senator, if I didnft think that a good portion of this isr of course, the development of Mld-America Airport, and the need for, as you said, local controly reglonal input. It just -- the -- that's basically What this is for. '

Senator Clayborne, for the thirteenth time.

Thank you. I -- I nay need to go even further, Mr. President, to make sure that the Body understands this. But -- buty Senatqr i Watson, as it relates to this resolution and Mid-America Airport, why isn't there people that have planned -- planned thts airport - : St. Clair County, the -- the dtfferent administratorsr government ! officialsandsoforth-whyaren'ttheyapartofdetermininguho Will be on this task force, and not people that probably have J I never even been to Scott Air Force Base, where this airport Will be statloned? PRESIDENT PHILIP: ' ! Senator Watson, I'm not sure that was a question or a statement, but be ny guest. ' ' SENATOR WATSON: I Well, the -- what you need to understand, I guess, is that the people that are appointed, the seven menbersy 1 -- my -- my interpretation, and my understandlng, and my recommendation to my Leader is obviously going to appoint people from the area that do ! know the problems. I don't uant someone coming in from outside of our area trylng to tell us how we should run our airports. I : think that's -- a decision that should be nade locallyy and -- and that's the input that I will have to my Leader, and T1m assuming that's the input that you and others Wculd have to your Leader and ' hopefully the same from across the hall here. So it is a local j 1 l2l I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 issue, and it is something that I think local people should be lnvolved. PRESIDENT PHILIP: Further discussion? Senator Clayborne. SENATOR CLAYBORNE : Thank you, Mr. President, and just to close. Obviouslyz last year and -- and part of this year, we've dealt wlth this and we've dealt with this issue on a different -- I guess, further upstate dealing with Chicago, and I would say to my side of the aisle and the other Senators who -- Who are planning on -- even on the other side of the aisle, who are planning on different projects,.that they maintain control, they maintain guidance over Who will determine the -- the fate of their projects. This is clearly another mechanism by which I think is very partlsan, in that people will come into this county who have not been involved, who 've not been in the decision-making prccess and will try to Eake control over how this airport is -- operates. And I do -- would request a roll call vote on thls -- on this resolution. PRESIDENT PHILIP : That's always in order, Senator Clayborne. Senator Bowles. SENATOR BOWLES: ' Thank you, Mr. President. Senator Watson, I find this very amazing that a1l of a sudden we have Mid-America Alrport. We've had the St. Louis Reglonal Airport for a number of years. It's a ; very successful enterprise, has been functioning very, very well under the administration Ehat exists ln that area . They've had the industrial parks come in. There -- there's just been a purely successful enterprise. A11 of a sudden we have an airport coming l to an existence and a11 of a sudden we need a task force to examine, to understand, and to investigate Mid-America Airport. I find this very, very interesting , and I find it totally and ' I completely unnecessary, because we do have the peopley we do have ! ' l22  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leglslative Day May 24z 1996 the expertise, we do have the capability in our area to conttnue with a Mid-America Alrport and see it to its completion, and to a successful completion, as has happened with the St. Louis Airport. And I agree with -- *1th Senator Clayborne. I think that the energy and the interest and -- and the investigation of continuing Parks Airport should be one of the -- the issues that should be addressed, rather than golng into successful enterprises and those that appear to be on the base of -- basis of -- of success. Thank you. PRESJDENT PHILTP: Senator Geo-Karis. . SENATOR GEO-KARIS: . Mr. President and Ladies and Gentlemen of the Senate, on a point of personal privilege. 1... PRESIDENT PHILIP: q State your point. ' SENATOR GEO-XARIS: ! My point is this: The hour is late, and even though We go past 12 o'clockr we still -- only need an ordinary majority to E pass or defeat any bill or resolution. And since some of us have . I to f1y home when we ge* through here, in all kinds of weather, I wonder if I could prevail upon my colleagues on both sides to cut the rhetoric short, vote up and down; whatever you want to do, and let's get moving. i PRESIDENT PHILIP: Thank you, Senator Geo-xaris. Further discussion? If noty Senator Watson, to close. SENATOR WATSON: Okay . Thank you very much, Mr. President. I appreclate the i debate and I'm sorry that wedre havinç a prcblen - a partisan problen - with those of us whc represent southwestern Illinois. That generally doesn't happen. We generally work for the good of f l23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 p the district as a whole, and Ilve appreciated thatr and wefve done i I quite well. And certainly one of those projects is the I Mid-AmertcaAirport, and it's in ny district. And I -- I . J appreciate St. Clair County and the -- their ability to -- Eo get it to the point that it isr but this has nothing to do with one I particular airport. It's a regional concepty a local control ! issue. We're not trying to go after anybody. We just think that I we ouqht to study this, and that's a11 it is, is asking for a study and maybe some recommendations for change. That's all, Mr. i President. I would appreciate the support of at least thirey-three Members of the -- of the Senate. . PRESIDENT PHILIP: . ! Senator Watson moved the adoption of House Joint Resolution 135. All those in favor will vote Aye. A11 those opposed, vote ! Nay. The votlng is open. Have you al1 taken a -- have you all voted who wish? Have you al1 voted who wish? Have you al1 voted ' vho Wish? Take the record. There are 33 Ayes, 23 (sic) (22) Nays, 4 not voting. The resolution is adopted. House Bill -- Conferenee Committee Reports. Senator Bowles. SENATOR BOWLES: ! Thank you, Mr. President. Inadvereently I pushed the wrong : button and I voted Yes when I should have -- absolutely wanted to ! vote No, and I uould appreciate the record showlng that. PRESIDENT PHILIP: l Senator Bowles, I've done the same thing myself. The record I will so indicate. All rlght. Conference Committee Reports. I : House Bill 431. Mr. Seeretary, do you have the file on Conference ! Committee Report on House Bill 431? SECRETARY HARRY: I ( Yes, Mr. President. First Conference Committee Report on House Bill 431. . PRESIDENT PHILIP: 124 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 Senator O 'Malley.

Thank you, Mr. President. Conference Committee Report No. to House Bill 43l contains five provisions. Three of those provisions were in House Bill 431, as it was amended here in the Senate and left the Senate. And 1'11 explain those briefly and then 1111 spend a litele more detail on the -- on the remalning two. The first three are as follows: The first one makes a correction in the Property Tax Extension Limitation Law to address a problem that exists in the Village of Oak Lawn. Although dissolved TlFs count as new property if done after January 1, 194, an Oak Lawn TIF that was dissolved.early to accommodate the needs of the loeal school district ended up with leaving the increment in limbo with no way to assess it as new property. The provislons in this Report that are relevant to that issue correct that problem. The second item allows taxing districts to abate property taxes - allows, does not mandaee - allows property tax -- taxing districts to abate property taxes on parcels devoted entirely to senior oecupancy with restrictlons as to income levels. The aggregate ancunt for all taxing districts shall not exceed three million over a fifteen-year period. The third item applles only to Cook County and provides that the time limitation for a certificate of error should -- shall not apply to a certificate correcting an assessment to one dollar, under Section 10-35, on a parcel that a subdivision or planned development has acquired through adverse possesslon if, one, the parcel is used as common area and, two, the application made prior to December 1996. This is to address a spectfic problem in Lake Park Estates in Senator Pitzgerald 's area and tt's doubtful that this language would apply to any other situation. Again, this ls to correct a dilenma that the Lake Park Estates in Senator Fitzgerald 's area faces. The other two provisions that are new to House Bill  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 112th Legislative Day May 24, 1996 43l are the following: The first one 1'11 share with you accelerates collection of home rule sales taxes. This lan:uage ' Wooid help thOSO municipalities that missed the October lst dezdlinp; bUk fiie On Or before April 1st, by starting colleetion ! 1 the following July 1st. For those municipalities currently waiting for collection to begin the Department shall begin l collectinç three months after the effective date of this Act. The ! seeond provislon that is new to House Bill 43l creates a sales use 1 . tax exemption for fccd and beverages sold for human consumption by a not-for-profit 501(c)(3) educational institutlon in Which the / students of the institution produce, prqpare, or are directly I involved in the transfer of the food and beverage as part of the 1 currtculum of that school. I'd be happy to answer any questtons I PRESIDENT PHILIP: i Further discussion? Senator Palmer. I

Mr. Presldent, a question of the sponsor. PRESIDENT PHILIP : ( Indicates he'll yield . Senator Palmer. ! SENATOR PALMER: ' . ; Senator O'Malley, a very simple questlon: Since this deals . I almost exclusively uith revenue, why Was it shifted to the ! Executive Committee when I think we heard thls bill three times in 1 Revenue? I

! Senator O'Ma11ey . SENATOR O'MALLEY: l Thank you, Senator. Thatls -- thatfs a gcod question, and -- : and one that youdve asked before. Basically, we have a schedulin: ! problem this evening, as we're trying to deal with adjournment. 1

l26  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day MaY 1996 Senator Palmer.

To this side of the aisle, I suggest that you look at your analysis on this bill, because -- has some -- a whole list of tax relief areas and tax abatement and so forth. I think it'd just be a good idea to read 1t carefully before you vote on it.

Senator Elemm.

Will the sponsor yield for a shprt question?

Indicates he Will. Senator Klemm .

Senator O'Malley, T -- T have some concerns with - and maybe you could clarify that for the food and beverage exemptions that will be granted ta a few colleges for off-the-street purchases, I guess, or people who come and use the cafeterla that are nct students and not staff, that have a student working in the kitchen as part of the eircular requirements of that educational institutton, such as restaurant management, that a1l those sales would be exempt from sales tax. Is that correct?

Senator O 'Malley.

Senator Klemm y that is correct.

Senator Klemm .

So the problem I Would have then is that a11 universities that don't happen to have students working in the cafeteria, such as, say, the Rockford School of Engineering or somethingr could never allow their senior citizens who use their eafeteria or somethin:  STATE OF ILLINOIS . 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1l2*h Legislative Day May 24r 1996 to get the credit or :et the advantage of not having the sales tax abated for them, because they don't happen to have their student i working there that would be part of the curriculum. Would that be correct? (

Senator O'Malley. I

Senator Klemm, this applies to not-for-profit educational f instttutions with 50l(c)(3) status, in Which this -- the -- this 1 operation is relaeed to the instruction associated With the ! school. .

Senator Klemm. :

Well, that's exactly my point. The -- they say the Rockford School of Engineering dces -- is a not-for-profit organization and a 501(c)(3). It's an instltutional -- educatianal institution, ft does not, however, have students in a food service program that wcrks there. Let me give you an example. Joliet Community Colleqe has thelr studentsr as a part of their curriculum, work at the Renaissance Hotel. Under this billz any food service that -- ! you and your family go to *he Renaissanco Hotel, would be exempt I from paying sales tax because of this provlsion. Now, I have no I problem with that: but I'd llke to have it extended to my Senlor citizens and ny taxpayers in my district for my communlty college 1 that may not have those problems. I'd like to offer it for all of I us: and I just think it needs to be either tightened up or rewritten someplace so thae we either give it to those that have specifically for that purpose. Because as I read this and as I've had others ask this question, since I'm in the focd servlce business, we read this as being an exemption for anybody who's in there, and even the deliveries. So lf I have summer school as l28 i  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 I credits, if you work at Burger King or anyplace else, those people I get exempt fron having to -- charge sales tax to their customers. I I think it's a little bit open on thatz and I'd like you to maybe I see if you could answer it and clartfy it. ! 1 PRESIDENT PHILIP: I Senator Berman. SENATOR BERMAN: I Thank you -- thank you, Mr, Presldent. I want to take -- pick up Where Senator xlemm left off. I think that what -- accordtng to our analysis, the instltution that is going to get this special, very particular windfall exemption from sales tax sells its food to the general public. so*, that, to mew is exactly the point that generates the sales tax. In fact, I am advised that the Department of Revenue did an audit of the instltution that is . being favored by this bill and determined that sales tax is, in ! fact, owed. So now We're being asked to pass a bill to overrule I an audit of the Department cf Revenue, to give one institutlon 1 that sells food to the general public an exemption from -- from ! sales tax for that -- for those food sales. I'm not going to vote I Yes on this kind of a billr because Idm going to read about it in I the Evanston Review beeause ever'y other institution in Evanston is ! going to scream that this institution that sells food to the ! general public doesn't have to collect sales tax and every other l institution in Evanston has to. IIm votlng No, and I,d 1yke to ! 's pushinç for this stand up and defend it on l see the person who ' in to have to do the same thin: in 1 thls Eloor, because Ehey re go g I the press. I PRESIDENT PHILIP: I Senator Woodyard. I SENATOR WOODYARD: I . Well, thank your Mr. President, Members of the Senate. And . I boy, it's -- it's 11:45 now, so I'm not going to ask tbe sponsor I l l29 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 ! I any questions, but to follow up just an instant with Senator Klenm and senator Berman. I think this goes far beyond this one ' ( institution in -- in the sales tax break, and 1111 show you why. This --thisparticularinstituEiondoesnotpaysalestaxonthe j food that they bring lnto the culinary school. NoW they Want to not pay any sales tax on the food that -- that they actually sell I ln a restaurant open to the public. Wellz if that's true, what f : about the McDonald's down a: Eastern Illinois University or What ' about the Hardee's at one of the conmunity college? I -- I think it really opens up a -- a can of worms. And to show you Where I'm ' coming from - you talk ebout a bad penny - when this b1l1 rame ( over from the.Housey I was the sponsor of it. And we did not need this bill for some of the thtngsrand -- and so we kept lE alive ) ' in case there were some other Chapter 35 issues that needed to be addressed. And now it's back to us in a conference committee report with the same language in it that I think is -- is îoing to ! create a lot of problems in the future. PRESIDENTPHILIP: j Purtherdiscussion? If notySenatorO'Malley,toclose. 1 SENATOR O'MALLEY: Wellz I appreciate the c'omments about the culinary school, but I w1ll just say this: I can assure Senator Klemm - and I think his remarks kere directed at seeing uhat could be done ta tiqhten l this up - this is legislatlon that I'm -- you knowz I have not i previously sponsored or been interested 1n. To Senator Berman, this doesn't apply to a single institution; it applies toz I -- I understand, approximately seven colleges that operate culinary f schoolsr and those are the only ones to Which the exempeion applies. I am familiar With the Moraine Valley Community College, j and the area where I serve has expressed some concern in this ! i . particular area. But I think the points that have been made are I ! . goad polnts, and r'm sure that we can eome back and -- and try and j ! l30 J  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSTON SENATE TRANSCRIPT 112th Legislakive Day May 24, 1996 ' j tighten up your concerns. I'm not sure I can address a11 of them, but certainly they should be addressed. So I'd appreciate your assistance in -- in a positive roll call.

The question is, shall the Senate adopt Conference Committee Report on House Bill 431. Those in favorr vote Aye. Those opposed, Nay. The voting is open. Have you all voted Who wish? Have you all voted who wish? Take the record. 14 Ayes, 36 Naysz 1 voting Present, 8 not voting . ' Phe Conference Report is not adopted,andtheSecretaryshallsoinformtheHouse. SenateBi11 j ! 1037, and, with leavey Senator Peterson will handle the bill. Mr. ; secretary, you have a file on Conference Commlttee Report on f Senate Bill 1037?

Yes, Mr. President. First Conference Commtttee Report on J 5 Senate 3i11 1037. . !

Senator Peterson. I i SENATOR PETERSON: I ' ! . Thank you, Mr. President and Members of the S ' enate. I q Conference Committee ko. 1 on Senate Bill 1037 has two items in I it. One, it deals with retired plumbers regarding the license and j i classification of a retired -- for a retlred llcense. As a I i retired licensed plumber, they would be prohibited from praeticin: plumbing or supervislng apprentices. This was suggested by the ! Plumbers' Union. I believe we dve passed this out on other ! legislation previously . The other part of the Conference l Commlttee Report deals with the Illinois Business Brokers Act to exempt Realtors from having to become licensed and regulated under ! this Act When they conduct business broker transactlons on an I 2 incidental basis. I'd be mcre than happy to answer any questions regarding the Report. 13l 1 ,  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 112th Legislative Day May 24, 1996 ! PRESIDENT PHILIP: I Further discussion? If not, .Senator Petersony to close. ! SENATOR PETERSON: f Ask for a favorable roll call. ! ! PNSSTDSNT PHTLTPJ l The question is# shall the Senate adapt Conference Committee ; Report on Senate Bill 1037. A1l those in favor: signify by voting Aye. Those opposedy Nay. The voting is open. Have you al1 voted who wish? Have you a1l voted who wtsh? Take the record. 58 . Ayes, no Nays, no Present, l not voting. The Senate does adopt ' Conference Committee Report on Senate Bill 1037, and the. bill, having received the required constitutional . majority: is declared passed.

PRESIDING OPFICER: (SENATOR DUDPCZ) Supplemental Calendar No. 6 has been dlstributed. It is on the Members' desks. If ycu turn your attention to Supplemental Calendar No. 6: paqe 2, to the Order of Secretary's Desky Concurrence on Senate Bills. Mr. Secretary, on Senate Bill 1258, read the bill.

I move to coneur With the House in the adoption of' their Amendments l and 3 to Senate Bill 1258. : The motion by Senator Parker. : PRESIDING OFFICER: (SENATOR DUDXCZ) ' Senator Parker. ! r

! Thank you, Mr. Chairman and Members of the -- the Senate. ! Senate Bill 1258 kas changed . The mental health checkoffs are nct on there any longer. There are two aRendments. The first one ! makes a technical change in the Illtnois Income Tax Act. The ! second one exempts . a refuelin: barge from the ! three-tenths-cent-per-gallon gas tax, and l l 132 I ' I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SEWATE TRANSCRTPT 112th Legislative Day May 24, 1996 sixty-dollars-per-tank-load eneironmeneal impact fee that are the ) funding sources for the Leaking Underqround Storage Tank Program.' j 1 . This exemption was requested by Economy Boat Store of Wood River. I They sell diesel fuel to vessels that are afloatr on ehe I Mississippi River. The refueling barge is used to transfer fuel to tugboats while they are moving down the river. Thts company does not have any underground storage tanks and is not contributinq to the underground storage tank problem in Illinois. They do pay the Coast Guard a hundred and twenty-five thousand a year, if there is any environmental concerns. Midway and O'Hare Airports and railroads are already exempted from these cbarges. I would answer any questlcns, and ask a favorable roll call.

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

Thank you, Mr! President. 1, toor uould like to ask for a favorable vote on this. Tt's a unique situatlon and I think that Senator Parker has presented the situation veryr very well. Thank you.

PRESIDING OPFICER: (SENATOR DUDYCZ) The question is' shall ,the Senate concur in House Amendments No. 1 and 3 to Senate Bll1 1258. All those in favor will vote Aye. Oppcsed Will vote Nay. And the votlng is open. Have all voted who Wish? Have all voted uho wish? Have al1 voted who uish? Take the record . On that question', there are 53 Ayes, 5 Nays, and none voting Present. And the Senate does concur in . i House Amendments No. 1 and 3 to Senate Bill 1258, and the billz having received the required constitutional majorlty, is declared . passed. Senate Bill 1516. Senator O 'Malley . Out of the record . ! On tbe Order of Conference Committee Reports, Senate Bill 1260. ' ! Senator Rauschenberger. Mr. Seeretary, do you have a file on . I Conference Committee Report No . 1 to Senate Bill 1260? ! l33 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 SECRETARY HARRY: .. . conference Committee Report on Senate Bill 1260. PRESIDING OPFICER: (SENATOR DUDYCZ) I Senator Rauschenberger. I SENATOR RAUSCHENBERGER: 1 I Thank you, Mr. President, Ladies and Gentlemen of the Senate. ! The Conference Committee Report on Senate Bill 1260 represents the I budget for the State of Illinois. The bill before you is ! ninety-nine and cne-quarter percent preclsely the same as the I introduced level that the Governor gave us three months ago, and I that you've had ample time to review. The changes to this budget 1 f represent about two hundred and forty-eight million dollars or I three-quarters of one percent. Wedve brlefed people in -- tn I hearings on it and in committee, and we've had numerous questions. ! I'd be happy to discuss them, but let me tell you just a lieele ! bit about the spending priorities of this budget. . This budget is I a budget I thlnk we can al1 go hame and be proud of. It's a I budget that's good for the State of Illinois. Back in -- FY 1993, When I first came to springfield, the payment cycle of the State . of Illinois was abcut a hundred and forty days for Medlcaid providers. Today, as Ne leave Springfieldy it's -- it's about thirty-five days. When I was first elected and came -- took my seat in Springfield, our commitment to the children of the State of Illinois was seven hundred and two million dollars in the Department of Chlldren and Family Services. Taday, as we leave Springfield, this budget eommits more than 1.3 blllian dollars to the children in need in the State of Illinois. In the Department of Mental Health in -- FY 1992, the State of Tllinsis committed . i eiqht hundred and seventy-two milkion to the Department of Mental Health and Developmental Disabilities. This budget where wefre leaving this -- Springfield, we have committed one billion four hundred and forty-eight million dollars to the people of Illinois 134  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 112th Leîislatlve Day May 24: 1996 Who need our help. In FY 1993: our conmttment to the State Pollce ! Was a hundred and tWenty-three million. Todayr as We leave ! Springfield, We're -- ve've committed to safety and -- and the f progress in that Department a hundred and seventy-four million I dollars. At the sane time: this budget deals with the payment I cycle and the -- the bills of the State of Illinois prudently and I fiscally sound. We've made progress on the billing cycle. The -- . the debt of the State of Illinois has been reduced. As we leave springfield today, we're two billion dollars less in debt from a bonded'indebtedness. We've made commitments to the schoolchildren of the State Qf Illinois. This budget includes the largest single increase ln funding for primary and secondary education in any budget year without a general tax increase. We've made conmitments to schools. We've made commitments to safety. I'd be happy to try to answer questions on this budget. And I appreciate a favorable roll call.

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

Thanp youz Mr. President, Ladies and Gentlemen of the Senate. First, I do Want to congratulate Senator Rauschenberger on a exeellent job in the budget briefing. That was the first time We goe a chance to see anything. That was the first time we got a chance to do anything. In faet' to start uith, even when they asked us to slgn khe Conference committee Report, they didn't bother to show us a conference conmlttee report. A11 that was I shown to us was the signature pagey and even that was an I improvement from what wedve been able to see a1l year. That's the i first time we saw anythlng, and ik was just blank llnes, for us to ! sign our name. So we appreciated the fact that you were willin: I to take us through a little btt of it, unlike prior yearsy by the I way, whether it was Republican- or Democratic-controlledr where 1 I l3s ( I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24y 1996 Senator Maitland, prior to Senator Rauschenberger belng there, other Senators who had served in that capacity - House Members ! likewise - everyone was able to sit around and discuss the budget I ! up in Senaeor Maitland's nowoffice forweeks onend. And,in J fact, many of you remember, each side, in addition to havin: these twenty people around the table, each side deslgnaeed khae became I called the ''budgeteer'' to meet in 205, the Governor's Offlce, to j work through the harder problems so that at least everyone knew ( w hat was goins on while it was going on. And everyone had a ! ! chance to understand the budget. I guess last year, which I ! thought was bad, was by comparison very good . Last year you %ave . our staff about six, eight, ten hours to review the budget so that : they could at least advise us, since we had not been lnvited to attend any meetinss. And we weren't sure that that was really enough time for a thirty-plus-billion-dollar budqet. This yearr prlcr to Senator Rauschenberger's briefing, we had about fifty-eight minutes to go through thirty-three biliion dollars. So it makes it a little difficult for us to go into any detail. What we did ask, though, from looking at that which he presented to the press and the public -- you tatkedr for exampler about seventy mlllion dollars in euts. Yet we askedy ' Q s there a list of where these cuts came from?'' These were cuts from the budget presented by the Governor. There has to be a list, fcause i somebody sat around the table and satdy 'fLet's cut this car. . Let's cut this job. Let's cut this typewriter.'' The budget was I presented. Someone had to make up a list of cuts, but Welre told, ! 1 at least in any one form, there are no such lists available. Our l staff in the, maybe, kwc hcurs nok that wedve had to look over it I has found some interesting ones, some of which, I must admitr kere identified in the summary that Senator Rauschenberger gave us. j They included, for example, a cut of 7.3 nillion dollars for the 1 Chicago School Teachers' Penston Fund. NoW, some may say that's I I l36  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 i discretionary, but that's al1 they get. Downstate Teachers' Pension Eund is funded. About eiîhteen percent of the money spent on teachersl pension funds are spent for Chicago teachers. Chicaio's done pretty well. It's actually done a 1oL better than 1 the other systems, apparently, in investing 1ts money . But noW bhe baxpayers Of Chicago Will have to pay ancLher 7.3 million I : dollars to fund the Pension Fund. They reduced drug abuse and j violence prevention funding by thirty-three percent. I haven't I seen a decline in drug abuse in the communities I represent - noe I I only not by thirty-three percent, but' in fact, it's been an I increlse. Violence, Mr. Presidenk, with a1l due respect to a I . member of the police force - I Wasn't even askin: for order; I j don't care if they listen - but to a member of the police forcer ' has -- I Won't ask a question of the Chair: but has violence gone ! down? I think the answer from cur constituents is no. But we can cut those funds, they say. They eliminated the violence prevention initiative. Nowr naybe they're minor items. Violence l prevention is not a minor ltem to the people on the streets of my district, and I don't think there -- it's a -- a reduction in the ! - - to the -- in the mlnds of the people on the streets everywhere i . l else. We ean talk about some of the other cuts that happen ' j throughout the budget process. There have been cuts of eighteen new guards at Stateville, the Metropolitan Children and Adolescent 1 Center in Chicago, maintenanee of vital record systems at Public I Health, seven juvenile correctional agents in Sangamon County, I Jacksonvllle Developmental Center. Things withln our prisons - my I . I God. Even if you 're sayin: the prisons aren't openlng as fast as I they expected, there is no lack of need for guards or# more I importantly, for supervision in the prison system. We said, take J down the curtains. We saw the Speck tapes: but we 're not willing ! to put our money where our mouth is. And where is the money ! coming from? A goodly portion is comin: from Cock County 1 I ! 137 E I  I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24r 1996 I Hospltal. Say what you want about what County is getting, bue hoW ; dare you look a gift horse in the mouth. The Governor said to the ! Presldent of the United States: ''We are not spending enough money i to take care of poor people in the County of Cook.'' And the President saidr ''Governor, you're righte'' And they said: HHere is I ' ) some extra funding, for that purpose.'' And Cook County Will put I in the bills and some four hundred and fifty-three mlllion dollars I will be flowing up and back that the Governor told the Presldent I was for Medicaid carey for care fcr poor people, because they need to go to Cook County Hospital, and if not, theylre diverted to other instltueions, and if the other instttutions don 't handle them, they go back to Cook County Hospital. HoW much of that money is not betng spent on costs for poor people, for people on Medtcatd? The vast majority of the gift to the State that the Governor said to the President of the United States would be used for medical care is not. It's being used for pork barrel projects, General Revenue funded pork barrel projects that is probably to the tune of ae least forty-five million dollars, and if you add the rest of the pork, it seems to go over a hundred million dollars just from what we could identify. And we asked for a list, and didn't get it. What else did We not fund that could have been there? Last year you took out optional medical services - a gross ftgure of about thlrty-seven million dollarsr net about eigheeen, nineteen milllon dollars: dentalz optometric, podiatric, chiropractic. What did you put in? Two hundred 1 thousand dollars for emergency dental. That need ls there. The I Governor told the President the need is there. Where's the I Governor and the Republican Party when it comes time to take *he 7 money that was given to it, and spend it on that need - not tWo 1 hundred thousand dollars, but about eighteen, nineteen nillion I dollars? On and on and on. And you talk about when you came here, Senator Rausehenberger, and when you are still here. The 1 l38 (  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day May 24, 1996 Governor said, ''My God, we have a crisis; we're not paying our bills.'' The bond houses in New York said, ''Your rating is going down; your interest is goin: up; your taxes are goin: to have to go up.to pay this interest, because you're not payin: your bills.'' Are We doing a better job? Sure. 2ut have we lied eo the people again? Yes. Because instead of paying the bills as the Governor said and being down to the twenty-two-day level that the noney is there for and for every dollar we use tc pay a billr we get fifty cents back from the federal government - instead of bringing it down, this budget takes backwards. (MIDNIGHT) 139 REPORT: TIFLDZY STRTE OF ILLINOIS 96/10/07 PAGE: 001 89TH GEMERZL âSSEMBLY 13;kk:2R SENRT: DAILV TRANSCRIPTION OF DEBATE INDEX HAY 2%, 1996 HB-0022 CONFERENCE HB-0R31 CONFERENCE HB-05k8 CONFERENCE HB-12k9 CONFERENCE H8-2596 RECALLED H8-2596 THIRD READING H8-2695 CONFURENCE HB-30k8 CONFEREMCE H8-3380 REFUSE TO RECEDE H8-3696 REFOSE TO RECEDE s8-1037 CONFERENCE SB-12k6 CONFERENCE sB-12k6 OTHER 58-1258 CONCURRENCE SB-:260 COMFEReNCE 58-1278 CONCURRENCE SB-1k:k CONFEREMCE SB-1y90 CONFEREMCE SB-15k4 CONFEREMCE 58-166) CO#FERENCE HJR-0O79 ADOPTED HJR-0O81 ADOPTED HJR-0133 ADOPTED HJR-0135 ADOPTED HJR-0p35 RESOLUTION OFFERED SUBJECT HATTER SENATE T0 ORDER-SENATOR DONAHUE PRAYER-SENZTOR RAICA PLEDGE OF ALLEGIANCE JOURNAL-ZPPROVZD JOURNALS-POSTPONED MDSSAGES FROM THE HOUSE COMHITTEE REPORTS SENZTE STANDS IN RECESS SBNATE HECONVENES COHMITTEE REPORTS SEMATE STANDS 1R RECESS SENATE RECONVENES HESSZGES FROH TRE HOUSE COHHITTEE REPORTS SENATE STâNDS AT EASE SENATE RECOPVENES SENATE STANDS 19 HECESS SENATE RECONVENES COMHITTEE REPORTS HESSAGES FROH TRE HOUSE COMHITTEE REPORTS RESOLUTIONS CONSENT CàLENDAR-ADOPTED COHHITTEE REPORTS SEMATE STANDS IN RECESS SEMATE RECONVENES SENATE STâNDS IM RECPSS SENâTE RECONVENES COMHITTEE REPORTS HiDNIGHT