Illinois Senate Floor Debate — March 18, 1997

The regula r Session of the 90th General Assembly Will please come to order. W i11 the Members please be at their desks? Will our guests in the galleries please rise? Our prayer today will be given the Father Pa t de Meuleneester Holy Fam ily Catholic Church , L incoln, Illinols. FATHER PAT de MEULEMEESTER : (Prayer by Father Pat de Meulemeester)

Senator Sieben for the Pledge of A llegiance . Senator Sieben .

(Pledge of Allegiance, 1ed by Senator Sieben)

Reading of the Journal. Senator Butler.

Mr. President, I move that reading and approval of the Journals of Wednesday , March 12th 7 Thursday , March 13th 7 Friday March 14th and Monday , March 17th , in the year 1997 , be postponed , pend ing arrival of the printed Journals .

Senator Butler moves to postpone the reading and the approval of the Journals, pendlng the arrival of the printed transc ript.. There being no objection, so ordered. Committee Reports.

Senator O 'Malley , Cha ir of the Comm ittee on Flnancial Institutions, reports Senate Amendment 2 to Senate Bill 685 Be Adopted ; and Senate Amendment 1 to Senate Bill 690 Be Adopted . Senator Sieben, Cha ir of the Comm ittee Agriculture and Conservation , repo rts Senate Amendment 3 to Sena te Bill 305 Be Adopted ; and Senate Amendment 2 to Senate Bill 908 Be Adopted . Senator Hawkinson r Chair of the Committee on Judiciary , reports Senate Amendment be Senate Bill 5 Be Adopted ; Senate l  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8r 1997 Amendment l to Senate Bill 7 Be Adcpted; Senate Amendment 2 to Senate Bill Be Adopted ; and Senate Am endment to Senate Bill 895 Be Adopted .

House Bills 1st Read ing .

House Bill 242, offered by Senato r Fawell. (Secretary reads title of bill) lst Reading of the bill .

can have your attentlon fo r a minute . It 's the intention of the Chair to go to 2nd Read ings and plow right through the Calenda r. So without further ado , top of Page 2 Senate B ills 2nd Reading . Senate Bill 4. Senator Karp iel. Read the bill, Mr. Secretary .

Senate Bill 4 . (Secretary reads title of bill) 2nd Read ing of the bill . No conmittee o r Floor amendments .

3rd Reading . Senate Bill 30 . Senator Parker. Senato r Parker. Senate Bill 30 . Read the bill, Mr. Secretary .

Senate Bill (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Amendment No .

Have there been any o ther Floor amendments that have -- approved for consideration?

No further amendments reported .  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day Ma rch l8, 1997

3rd Read lng . Senate Bill Senator Mahar. Senate B ill 54. Senator Mahar. Take out of the record . Senate Bill 63. Senator Madigan . Take lt out of the record . Sena ee Bill 65. Senator Trotter. Senate B111 65. Senator Trotter . Take in out of the reco rd , Mr . Secretary . Senate Bill Senato r Lauzen. Senate Bill 73. Senato r Lauzen . Take it out o f the record , Secreta ry . Senate Bill 74. Senator Lauzen . Senate B ill 74. Take it out of the record , Mr. Secretary . Senate Bill 75. Senator Lauzen . Take out of the reco rd, Mr. Secretary. Senate Blll 77 . Sena tor Lauzen. Read the bill , Mr. Secretary.

Senate Bi11 77 . (Secretary reads title of bill) 2nd Reading of the bill . No conm ittee or Floor amendments .

3rd Readlng . Senate Bill 141 . Senator Maha r. Sena te Bill Senato r Mahar. Take out of the reco rd y Mr. Secretary . Senate Bill 156. Senator Jacobs. Read the bill, Mr. Secretary .

Senate Bill 156. (Secretary reads tltle of bill) 2nd Reading of the bill . No comm ittee or Floor amendments .

3rd Read ing . Senate Bill 171. Senato r Farley . Senate Bill 171 . Senato r Fa rley . Take it out o f the reco rd , Mr. Secretary . Senate Blll Senatar Petka . Read the b ill, M r. Secretary .

Senate Bill 175. (Secretary reads title of bill) 2nd Reading of the b ill . No committee or Floor amendments .

3  STATE OE ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8# 1997 3rd Reading . Senate Bill 182. Senator Rauschenberger . Read the bill, M r. Secretary . SECRETARY HARRY : Senate Bill 182. (Secretary reads title of bill) 2nd Reading of the b ill. The Committee on Local Government and Elections adopted one amendment. PRESIDENT PHILIP : Have there been any Floor amendments that have been approved fo r consideration? SECRETARY HARR Y: No further amendments repo rted . PRESIDENT PHIL IP : 3rd Reading . Senate Bill 203. Senator Lauzen . Take it out of the reco rd , Mr. Secretary . Senate Bill 204. Take it out of the record , Mr . Secretary . Senate Bill 206 . Take lt out of the record r M r . Secretary . Senate Bill 225 . Senator Parker. Read the billr Mr . Secretary . SECRETARY HARRY : Senate Bill 225. (Secretary reads title of bill) . 2nd Read ing of the bill. The Committee on Transportatlon adop ted Amendment No . 1 . PRESIDENT PHILIP : Have there been any Floo r amendments that have been approved for consideration? SECRETARY HARRY : No further amendments reported . PRESIDENT PHIL IP : 3rd Reading . Senate B ill 250 . Senator Rea . Senate Bill 250 . Senator Rea . Take it out of the record . Senate Bi 11 305 . Senator Sieben . Read the bill , Mr . Secretary . 4  STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 y 1997

Senate Bill 305. (Secretary reads tltle of bi11) 2nd Readinç of the b ill. No committee amendments .

Have there been any Floor amendments that have been approved for consideiation?

Amendment No . offered by Senator Sieben.

Senator Sieben .

Yes . Thank you' M r. President. Amendment No . 3 deals k ith ag chem facilities and provides a mechanism for them to contribute to the fund so they can receive the protection for the clean up of -- of contam inated soils , and I 'd move for its adoption .

Any further d iscussion? Any discussion? Senator Sieben moves the adoption of Amendment No . to Senate Bill 305 -- excuse me , Amendment No . 3. All those in favor, signlfy by saying Aye . Those opposed r Nay . The Ayes have it . The amendment is adopted . 3rd Reading . Senate Bill 306 . Take it out of the record . Senate Bill 307 . Senator V iverito . Senate Bill 307 . Senator Viverito . Take it out of the reco rd . Senate Bill 345. Senato r Cronin . Senate Bill 345. Senator Cronin . Take out of the reco rd . Senate Bill 350. SenaEor Jacobs. Read the bill , Mr. Secretarg .

Senate Bill 350 . (Secretary reads title of bill) 2nd Reading of the b 11l. No committee or Floor amendments.

3rd Reading . Senaee Bill 378. Sena tor Maha r. Take it out of 5  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March 18, 1997 the reccrd , Mr. Secretary . Senate Bill 381. Sena tor Fawell. Read the b ill , M r. Secretary .

Sena te Bill 381 . (Secretary reads title of bill) 2nd Reading of *he bill . The Committee on Jud iciary adopted Amendment No .

Have there been any other Floor amendments that have been app roved for consideration?

No further amendments reported .

3rd Reading . Senate B ill 406. Senator Rauschenberger. Read the bill, M r. Secretary .

Senate Bill 406 . (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Financ ial Institutions adopted Amendment No .

Have there been and -- any Floor amendments that have been app roved for conside ration?

No further amendnents reported .

3rd Reading . Senate Bill 417 . Senator Dillard . Take it out of the record , Mr . Secretary . Senate Bill 438 . Senator Parker. Read the bill, M r. Secretary .

Senate Bill 438. (Secretary reads title of bill)  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leglslative Day March l8 , 1997 2nd Reading of the bill. No commlttee or Floor amendments . PàESIDENT PHILIP: 3rd Reading . Sena te Bill 459. Senator Luechtefeld . Take out of the record , M r. Secretary . Senate Bill 493 . Senator Weaver. Take it out of the record , M r. Secretary . Senate Bill 495. Senator Geo-Ka ris. Senate Bill 495. Read the bill , Mr. Secretary .

Senate Bill 495. (Secretary reads title of bill) 2nd Readlng of the bill . The Comm ittee on Transportation adopted Amendment No .

Have there been any other Floo r amendments that have been app roved for consideration?

No further amendments reported .

3rd Reading . Senate Bill 521 . Senator Jones . Senate B ill 521. Senator Jones . Take out of the record , Mr. Secreta ry . Senate Bill 543. Senator Dudycz. Read the bill , M r. Secretary .

Senate Bill (Secretary reads tltle of bill) 2nd Reading of the bill . The Comm ittee on Transportation adopted Amendment No .

Have there been any further Floo r amendments tha t have been app roved for consideration?

No further amendments reported .

7  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch l8, 1997 3rd Reading . Senate Bill 549 . Senato r Hawkinson. Read the bill, M r. Secretary .

Senate Bi11 549 . (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Revenue adopted Amendment No .

Have there been any other Floc r amendments that have been approved for consideration?

Amendment No . 2, offered by Senator Hawkinson .

Senator Hawkinson , to expla ln the amendment.

Thank you, Mr. President . Amendment No . 2 Was requested by members of the Revenue Comm lttee and it clarifies that the billy which provides' a airline fuel exemption , would apply only to out-of-state businesses. That 's a clarification requested by the comm ittee in -- in which I 'm in agreement and I would ask for your favorable support for Senate Amendment No . 2 to Senate Bill 541 (sic).

Is there any further discussion? Any further d iscussion? not , Senator Hawkinson moves to -- adoptlon of Amendment No . 2 to Senate Bill 549. Al1 those in favo r, signify by saying Aye . Those opposed r Nay . The Ayes have it. The amendment is adopted . 3rd Reading . Top of Page Senate Bill 604. Senator Sieben . Take it out of the record r M r. Secretary . Senate B1l1 663. Senator Farley . Senate Bi11 663. Senator Farley . Take it out of the record, M r. Secretary . Senate Bill 664. Senator Butler . Senate Bill 664 . Take out of the reco rd . Sena te Bill 672 . 8  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 Senator Hawkinson . Senate Bill 672. Senator Hawkinson . Read the bill, Mr . Secretary .

Senate Bill 672 . (Secretary reads title of bill) 2nd Readtng of the bill . The Committee on Insu rance and Pensions adopted one amendment.

Have there been any Floor amendments that have been approved for constderation?

No further amendments reported .

3rd Reading . Senate Bill 674. Senator Sieben . Take it out of the record y M r. Secreta ry . Senate Bill 685 . Senator Walsh . Read the bill r M r. Secretary .

Senate Bill 685. (Secretary reads title of bill) The Committee on Financial Institutions adopted Amendment No .

Have there been any other further any Floor amendments that have been approved for conside ration?

Amendment No . 2, offered by Senator Walsh .

Sena tor Walsh . SENATOR WALSH ) Thank you , M r. President. Amendment No . 2 Was an agreement o f the Comm ittee - it passed the committee yesterday - which states that these installment loan sites N ill not be within a thousand feet of either a racetrack or a riverboat. And I would just ask  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 r 1997 for favorable consideration .

Any further discussion? Any further discussion? If not , Senator Walsh moves to adopt Amendment No . to Senate Bill 685 . A11 those in favor, signify by saying Aye . Those opposed , Nay . The Ayes have it. The amendment is adopted . 3rd Reading . Senate Bill 686 . Senato r Walsh. Take it out of the record , Mr . Secretary . Senate Bill 711 . Senator Parker . Take it out of the reco rd , Mr . Secretary . Senate Bil1 713. Senator Dudycz . Take it out of the record , Mr. Secreta ry . Senate Bill 716. Senator Radcgno . Read the blll y Mr . Secreta ry .

Senate Bill 716 . (Secretary reads title of bill) 2nd Reading of the bill . No commlttee or Floor amendments .

3rd Reading . Senate Bill 753. Senato r Syverson . Read the bill , Mr. Secretary .

Senate Bill 753 . (Secretary reads title of bill) 2nd Reading of the bill . The Comm lttee on Commerce and Industry adopted Amendments 1 and 2 .

Have there been any other Floor amendments that have been approved for consideration?

No further amendments reported.

3rd Reading . Senate Bill Read the bill, Mr. Secretary .

Senate B ill 755. 10  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March 18r 1997 (Secretary reads title of bill) 2nd Read ing of the bill . No comm ittee amendments .

Have there been any further amendments app roved for conslderation?

No further amendments reported , Mr . President.

3rd Reading . Senate Bill 762 . Senator Dudycz. Take it out of the reco rd , Mr . Secretary . Senate Bill 781 . Senator Parker . Senate B ill 781. Senator Parker. Read the bill, M r. Secretary .

Senate Bill 781. (Secretary reads title of b1l1) 2nd Read ing of the bill. The Comm ittee on Education adopted Amendment No .

Have there been any other Floor amendments that have been app roved for conslderation?

No further amendments repo rted .

3rd Read ing . Senate Bill 795. Senator Sleben. Read the bill, M r. Secretary .

Senate Bill 795 . (Secretary reads title of bill) 2nd Reading of the blll. The Comm ittee on Aqriculture and Conservation adopted Am endment No .

Have there been any Floor amendments tha t have been approved for consideration? 11  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997

No further amendments repo rted .

3rd Readlnq . Senate Bill 796. Sena tor Dillard . Senate Bill 796 . Senato r Dilla rd . Take it out of the record , M r. Secretary . Senate Bill 800. Senator Fawell . Senate Bill 800 . Senator Fawell. Read the bill, Mr. Secretary .

Senate Bill 800 . (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Transportation aéopted Amendments and 2.

Have there been any other Floor amendments that have been approved for consideration?

No further amendments reported .

3rd Reading . Senate Bill 801 . Senato r Madigan . Take it out of the record , M r. Secretary . Senate Bill 815. Senator Mahar. Take -- take it out of the record , M r. Secretary . Senate Bill 860. Senator Maha r. Read the bill , M r. Secretary .

Sena te Bill 860 . (Secretary reads title of bill) 2nd Read ing of the bill . No comm ittee or Ploo r anendments.

3rd Reading. Senate Bill 861. Senator Mahar. Read the bill, Mr . Secretary .

Senate Bill 861 . (Secretary reads title of bill) 12 1 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislatlve Day March l8 : 1997 2nd Reading of the bill . No committee o r Floor amendments . PRESIDENT PH ILIP : 3rd Reading . Senate Bill 890. Senato r Shadid . Senate Bill -- take it out of the record , Mr . Secretary . Senate B ill 895. Senator Molaro . Senate Bill 895. Senator Molaro . Take it cut of the record , Mr. Secretary . Senate Bill 899 . Senator Madigan . Read the bill, M r. Secretary . SECRETARY HARRY : Senate Bill 899 . (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments . PRESIDENT PHILIP : 3rd Reading . Senate Bill 912 . Senato r Berman . Senate Bill 912. Senator Berman . Take it out of the record r Mr. Secretary . Senate Bill 922. Take it out of the record , M r. Secretary . Senate Bill 944 . Senator Petka . Read the bill, Mr . Secreta ry . SECRETARY HARRY : Senate Bill 944 . (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments . ' PRESIDENT PHILIP : 3rd Reading . Okay . Senate Blll 945 . Senato r Petka . ' Sena te Bill 945. Senator Petka . Read the bill, Mr. Secreta ry . SECRETARY HARRY : Senate Bill 945 . (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments . PRESIDENT PHILIP : 3rd Reading . Senate Bill 950 . Senator Fawell . Senate Bill 950. Senator Fawell . Take it out of the record y M r. Secretary . Senate Bill 952. Senator Dillard . Senate Bill 952. Senato r Dilla rd . Take it out of the record , Mr . Secretary . Senate Bill 13  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch 18, 1997 1009. Senator Petka . Read the bill, M r. Secretary . Okay -- okay . A11 right. Senate Bill 1002. Senator Shaw is not here . Senator Halvo rson is a hyphenated cosponsor. Read the bill, Mr . Secretary .

Senate Bill 1002. (Secretary reads title of b1ll) 2nd Reading of the bill. No commiteee or Floo r amendments .

3rd Reading . Senate Bill 1009. Senator Petka . Read the bill, M r. Seeretary .

Senate Bill 1009 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

3rd Reading . Senate Bill 1020. Senator Dillard . Senate Bill 1020. Senator Dillard . Take it out of the record r Mr . Secretary . Senate Bill 1032 . Senato r Dudycz. R ead the bill , Mr . Secretary .

Senate Bill 1032 . (Secretary reads title of b111) ' 2nd Reading of the bill . No committee or Ploor amendments .

3rd Read ing . Senate Bill 1041. Senator Parker . Read the bill, M r. Secretary . SECRETAR? HARRY: Senate Bill 1041 . (Secretary reads title of bill) 2nd Reading of the bill. No comm ittee amendments .

Have there been any Floo r amendments tha t have been approved 14  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 r 1997 fo r conslderation?

Amendment No . offered by Senator Parker.

Senator Parker .

Yes. Basically , all this does is -- is repeals the present UIFSA -- the former URESA revisions so that We can go ahead With the one that we have now for chlld support. So it is just really a technical amendment.

Is there any discussion? Is there any discussion? If no t, Senator Parker moves the adoption of Amendment No . 1 to Sena te Bill 1041. A11 those in favo r, signify by saying Aye. Those opposed y Nay . The Ayes have Amendment No . 1 adopted . 3rd Reading . Senate Bill 1048. Senatcr Jones . Read the bill r Mr . Secretary .

Senate Bill 1048 . (Secretary reads title of b1l1) 2nd Reading of the bill . The Comm ittee on Insurance and Pensions adopted one amendment.

Have there been any Floor amendments that have been approved fo r consideration?

No fu rther amendments reported .

3rd Reading . Senate Bill 1052 . Senato r Parker . Read the bill, Mr. Secretary .

Senate Bill 1052 .  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 (Secretary reads title of bill) 2nd Reading of the bill . No conmittee or Floor amendments .

3rd Reading . Senate B111 1053. Senator Parker . Read the billr Mr. Secretary .

Senate Bill 1053 . (Secretary reads title of bill) 2nd Reading of the bill. No ccmm ittee or Floo r amendments.

3rd Reading . Senate B ill 1058 . Senato r Pa rker. Read the bill, M r. Secretary .

Senate Bill 1058 . (Secretary reads title of bill) 2nd Reading of the b lll. No committee or Floor amendments .

3rd Read ing . Senate Bill 1072. Senator Berman . Senate Bill 1072. Senator Berman . Take it out of the reco rd , M r. Secretary . Senate Bill 1074 . Senator Dillard . Read the bill , Mr . Secretary .

Senate B ill 1074. (Secretary reads title of bill) 2nd Readin: of the bill . No comm ittee or Floor amendments .

3rd Reading . Senate Bill 1105. Senator Dudycz . Sena te Bill 1105. Senator Dudycz . Take it out of the reco rd , Mr. Secretary .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Can we have your attention r please? Ladies and Gentlemen of the Senate . Please turn to Page l8 , on the Order of Motions in Writing to Consider -- Consider the Vote -- to Reconsider the Vote . Senate Bill 689 . Mr . Secretary , will you please read the 16  STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day Ma rch l8, 1997 Motion?

Having voted on the prevailing side , I move to reconsider the vote by which Senate Bill 689 failed . Piled by Senator Donahue .

PRESIDING OFFICER: (SENATOR GEO-KARTS) Senator Donahue .

Thank you, Madam President . This the bill that We had kind of the fiasco on yesterday, and I Would respectfully request your supporb to reconsider the vote by whlch Senate Bill 689 fa iled .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senato r Donahue having moved -- vcted on the p reva lling side moves the reconsider the vote by which Senate Bill 689 was heard . Those in favor, say Aye . Those opposed , say Nay . All in favor say Aye . Roll call. All those in favor, p lease vote Aye -- the motion to reconsider . A1l opposed r vote Nay. The voting is open . Have a11 voted who wish? Have a1l voted Who wish? Have a1l vo ted Who w ish? Mr . Secretary , take the record . On that question , there are 52 voting Aye , none voting No , none voting Present . The motion to reconsider passes . On the Order of 3rd Reading is Senate B ill 689 . Mr . Secretary .

Sena te Bill 689 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Could we have your undivided attention? Thank you . Senato r Donahue .

Thank you , Madam Presidênt. As you a1l know : we went through this situation yesterday and the reason that the b ill -- we had to 17  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislatlve Day Ma rch 1997 do what we d id , was because there was an anendment filed for conmittee which we had m issed signals . So, in order to move the bill can 't recall slnce it 's been -- I can 't put the amendment on because of the procedure we just had to go through with the Motion to Reconside r. So I 'm asking you if you will support this legislation . gua rantee you that it will be amended . A11 it 's trying to do is take care of audit situation -- an audit finding within the Depa rtment of Emergency Management, and that 's why I Would ask fo r your support fo r this one more time .

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

Would the sponsor yield?

PRESIDING OFFICER : (SENATOR GEO-KARIS) She indicates she will .

So you're guaranteçing us, and promlslng us, that -- that We will amend it in khe House . Is that what you 're say ing?

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

Yes. And if it dcesn 't, it isn 't golng anywhe re , p romise you that.

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

But, how.do we know , since you don 't have any absolute control in the House, that it w ill be amended in the House? Isn 't that one of the -- at least one of the th ree great lies -- that 1,11 amend it in the House?

PRESIDING OFFICER: (SENATOR GEO-KARIS) 18  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March l8 , 1997 Senator Donahue .

Actually r Senator Cullerton , might ask you to help me to guarantee that. Can I ask you that, and -- and -- and make su re that that is that takes place . But, I will certa inly leave thls Floo r and go over there and make sure that happens .

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

would be happy to go over with you and talk to the Speaker and make sure that we have an acceptable sponsor so tha t the bill will indeed be anended or no t move .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none , the question is shall Senate Bill 689 pass. Those in favo r W ill vote Aye . Those opposed will vote Nay . The voting is open . Have al1 voted who wished? Have all voted who w ished? Have al1 voted Who wished? Mr . Secretary , take the record . On that question, there are 56 voting Aye, none voting No , none vo ting Present. This b ill, having recelved the required constitutional majorlty, is declared passed. Ladies and Gentlemen of the Senate , we 're going to start w1th Page 6, Senate Bills 3rd Reading , and we 're going to first go to the Order of Recalls on some of those bills . So those of you who have amendments by comm ittee and are ready to proceed we ask you to do so at this time . Senator Radogno , do you w ish to proceed in Senate Bill 5 on a recall? Senato r Radogna seeks leave of the Body to return Senate Bill 5 to the O rder of 2nd Readtng for the purpose of amendment. Hearing no objection, lease is qranted. The -- on the Order of 2nd Read ing is Senate Bill 5. M r. Secretary , are there any Floor amendments approved for consideration?

19  STATE OF ILLINO IS 90TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCR IPT 25th Legtslative Day March 18 , 1997 Amendment No . 2, offered by Senator Radogno .

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

Yes r thank you, Madam President. Senate -- Sena te Floor Amendment No . 2 is in response to some concerns raised by the Illinois State Bar Associatlon . That amendment Was heard committee thls morning and passed out favorably , so I Would app reciate favorable consideration on this amendment.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discusslon? Any discussion? Hearing none , al1 those in favor say Aye . oppcsed , Nay . In the opinion of the Chair, the Ayes have it and the amendment 's adopted . Any further Floor amendnents approved for consideration?

No further amendments reported , Madam President.

PRESIDING OFFICER : (SENATOR GEO-KARIS) 3rd Reading . Senate Bill 7 . Senato r Radogno . On Senate Bill Senator Radogno Wishes to return this bill to 2nd Reading for purpose of amendment. And hearing no objection, Secretary, leave is granted . And on the O rde r of 2nd Reading is Senate Bill Are there any Floor amendnents, M r. Secretary, approved for consideration?

Amendment No . o ffered by Senator Radogno .

PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Radoçno , to explain your amendment .

Thank you, Madam President . This amendment also is in response to concerns raised to this bill by the State Bar Association , as well as some comm ittee members . It was heard in Judiciary this mo rnlng and passed out unanimously so I would 20  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 r 1997 request favorable consideration.

PRESIDINC OFFICER: (SENATOR GEO-RARIS) Any further discussion? Any further d iscussion? Hearing none, al1 those in favo r, please slgnify by saying Aye . A11 opposed y Nay . In the op inion of the Chair the Ayes have it and the amendment is adopted . Any further Flcor amendments , M r. Secretary?

No further amendments repo rted .

PRESIDING OFFICER : (SENATOR GEO-KARIS) 3rd Read tng . Senate Bill Senato r Radogno r do you Wish this bill returned to 2nd Reading for purpose of amendment? Senato r Radogno seeks leave of the Body to return this bill to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 9. M r. Secretary, are there any Floo r amendments app roved for consideration?

Amendment No . offered by Senator Radoçno .

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

Yes . Thank you , Madam President . This amendment is prlma rily technical nature. just deletes a few words that may have caused a confusing situation with respect to the constitutionality of the bill. It clarifies, that is all. And Would request favorable consideration.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any fu rther discussion? Hearing none , a11 those in favor, please signify by saying Aye . A1l opposed , Nay . In the opinion of Chair r the Ayes have it # and the amendment 's adopted . Any further Floor amendments approved for  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997 consideration, M r. Secretary?

No further amendments reported .

PRESIDING OFFICER : (SENATOR GEO-RARIS) 3rd Reading . Senate B ill Sena tor Luechtefeld , do you wish th is bill returned to 2nd Read ing for purpose of anendment? Senator Luechtefeld seeks leave of the Body to return Senate Bill 13 to the Order of 2nd Reading fo r the purpose of an amendment . Hearing no objection, leave ls granted. On the Order of 2nd Reading ls Senate Bill l3 . Mr . Secretary , are there any Floor amendments approved for consideration?

Amendment No . 2, offered by Senator Luechtefeld .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Luechtefeld , to explain your amendment.

Yes . Amendment No . restrlcts the language ln this particular bill to only in cases of murder, rather than other -- other cases .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussicn? Any further discussion? Hearing none, all those in favor, please signify by saying Aye . A1l opposed , Nay . The Ayes have it, in the opinion o f the Chalr, and the amendment's adopted . Any further Floor amendments approved for consideration?

No further amendments repo rted .

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Read ing . Senate Bill 123 . Senator Hawkinson , do you wish this bill returned to 2nd Reading for purpose of anendment? Senator Hawkinson seeks leave of the Body to return Senate Bill l23 to the Order o f 2nd Reading for the purpose of amendment . 22 r ' STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March 18, 1997 Hearing no objectlon, leave is granted. On the Order of 2nd Readin: is Senate Bill 13 -- 123, rather. Mr . Secretary , are there any Floor amendments app roved for considera tion? SECRETARY HARRY : Amendment No . 2, offered by Senator Hawkinson . PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Hawkinson . SENATOR HAWKINSON : Thank you , Madam President . This b ill deals with the creation of a Sex O ffender Management Board as proposed by the Attorney General . Senator Cullerton and publtc defenders ln comm ittee asked that we amend to clarify that one member of this board shall be the Cook County Public Defender or hls or her deslgnee : and that another member be the State Appellate Defender and his or her designee , and I 'm agreeable tc that amendment, as is the Attorney General , and would ask fo r its adoption. PRESIDING OFFICER : (SENATOR GEO-KARIS) Any dlscussion? Any discussion? Hearing none , those in favor, p lease signify by saying Aye . Those opposed , Nay . In the op inion of the Chalrr the Ayes have it, and the amendment's adopted . Any further Flcor amendments approved fqr consideration, Mr . Secretary? SECRETARY HARRY : No furthe r amendments reported . PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Readinq. Please look on your Calendar on Page 10. Senator Halvo rson. Senate Bill 444. Do you Wish this bill returned to 2nd Reading for the purpose of amendment? Senator Halvorson seeks lèave of the Body to return Senate Bi1l 444 to the O rder of 2nd Reading for the purpose of -- of an amendment . Hearing no objectiony leave is granted. On the Order of 2nd Reading ls Senate Bll1 444 . Mr . Secreta ry , a re there any Floor 23  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March l8, 1997 amendments approved for consideration? SECRETARY HARRY : Amendment No . 3, offered by Senato r Halvorson. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Halvorson. SENATOR HALVORSON : Yes . The Senate Amendment No . 3 is a clarification. What it does is tell you when the notification has to be g iven . So I ask for a favorable vo te . PRESIDING OFFICER : (SENATOR GEO-KARIS) Any discussion? Any discussion? Hearing none , all those in favor, say -- signify by saying Aye . A1l opposed , Nay . In the opinlon of the Chair, the Ayes have and the amendment 's adopted . Any further amendments -- Floor amendments adop ted -- approved for consideration? SECRETARY HARRY : No further amendments reported . PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . Senate Bill 574. Senator Obama . Page 11. 574 . Do you wish this bill returned to 2nd Reading for the purpose of amendment, Sena tor Obana? Senator Obama . SENATOR OBAMA : Madam Chairpe rsonr this is a technical clarification only . , PRESIDING OFFICER: (SENATOR GEO-KARIS) Wait just a second. SENATOR OBAMA : I would like ... PRESIDING OFFICER: (SENATOR GEO-KARIS) Senato r Obama seeks leave of the Body to return Sena te Bill 574 to the Order of 2nd Reading fo r the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 574. Mr. Secretary, are there any Floor 24  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 r 1997 amendments approved for consideration?

Amendment No . 2, offered by Senator Obama .

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

This is a technical amendnent clarlfying the adm inistrative adjudication bill only.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusston? Any further discussion? Hearing none y a1l those in favor, signlfy by saying Aye . A1l cpposed y Nay . In the opinion of the Cha ir, the Ayes have it, and the amendment's adopted . Mr . Secreta ry , are there any further amendments?

No further amendm ents reported .

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . Senate Bill 626. Senator Demuzio . Is Senator Demuzio here? Senator Demuzio? We '1l go further then to -- Senate Bill 677. Se/ator Jacobs, do you wlsh this bill returned to 2nd Reading for purpose of amendment? Senator Jacobs seeks leave to - - of the Body to return Senate Bill 677 to the O rder of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted . On the Order of 2nd Reading is Senate Bill 677. M r. Secretary, are there any Floor anendments app roved for consideration?

Amendment No . 3, offered by Senator Jacobs .

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

Thank you , Madam President, Ladies and Gentlemen of the 25  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997 Senate . This is a technical amendment requested by a member of the comm ittee to remove a population guideline and that's a11 thls amendment does . Ask for your approval .

PRESIDING OPFICER: (SENATOR GEO-KARIS) Is there any discussion? Any dlscussion? Hea ring none . A11 those in favo r, say -- signify by saying Aye . A ll those opposed , signify by say ing Nay . In the opinion of the Chair, the Ayes have The amendment 's adopted . A re there any further amendments -- Floor amendments approved for constderation , Mr . Secretary?

No further amendments reported .

PRESIDING OFFICER : (SENATOR GEO-KARIS) 3rd Reading . Senator Weaver, do you wish Senate Bill 690 to be returned to 2nd Reading for purpose of amendment? Senator Weaver seeks leave of the Body to return -- to return Senate B ill 690 to the Order of 2nd Reading for purpose of amendment . Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Dill 690 . M r. Secreeary , are there any Floor amendments approved for consideration?

Amendment Na. offered by Senatpr Weaver.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver: to explain your amendment .

Thank you, Madam President. This deletes from the Act, Section 5, which alludes to the investment of public monies by foreign banks . I 'd move adoption .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Weaver noves adop tion for amendment to 690. Is there any diseussion? Hearing none . A11 those in favor, please signify by saying Aye . All opposed , Nay . In the opinion of the Chair, the Ayes have it, and the amendment 's adopted . Are there any 26  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997 furthe r Floo r anendments approved for consideration , Mr. Secretary?

No further amendments repo rted .

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . Senate Bill 776. Senator Halvorson . Senator, do you wish this bill returned to 2nd Reading for purpose of amendment? Senator Halvorson seeks leave o f the Body to return Senate Bill 776 to the O rder of 2nd Reading for pu rpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 776 . Mr . Secretary r are there any Floor amendments approved for consideratlon?

Amendment No . 2, offered by Senator Halvorson .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Halvorson, will you explain your amendment?

Yes . Senate -- thank you , Madam President . Senate Amendment No . 2 clarifies that the Section of the Code of Criminal Procedure prohibiiing certain persons from furnishlng bail or supervisin: bail bond condition does not apply to parents or legal guardians of an accused . It was requested by the members of the Judicial Committee , and I request your favorable ccnsideration for clarifying this amendment.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dlscussion? Any further discussion? Hearin: none . Al1 those who are in favor of this amendment, please signify by saying Aye . A11 opposed , Nay . In the opinion of the Chair, the Ayes have it . The amendment 's adopted . Are there any further Floor amendments approved for consideration , M r. Secretary?

STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 No further amendments reported .

PRESIDING OFFICER: (SENATOR GEO-KARTS) 3rd Readinq . Senate Bill 827 . Senator Radogno . Senato r Radogno do you Wish wishes -- do you w ish this bill returned to 2nd Read ing for the purpose of amendment? Senato r Radogno seeks of the Body to return Senate B ill 827 to the Order of 2nd Reading for purpose of an amendment . Hearing no objection, leave is granted. On the Order of 2nd Reading ls Senate B ill 827 . M r. Secretary r are there any Floor amendments approved for conside ration?

Amendment No . 2, offered by Senator Radogno .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Radogno , to explain your amendment.

Yes. This amendment really ls just clarifyinç language. It's not substantive . So I would appreciaee a favorable voee .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further dlscussion? Hearlng nonè. A11 those in favor please signify by saying Ayer in adopting this amendnent. And a11 thcse opposed y say Nay . And in the op inion of the Chair, the Ayes have i*# and the amendment 's adopted . Are there any further Floo r amendments approved for conside ration, Mr. Secretary?

No further amendments reported .

PRESIDING OFFICER: (SENATOR GEO-MARIS) 3rd Readinç . Senate Bill 908 . Senator Luechtefeld : do you wish this bill returned to 2nd Reading for the purpose of amendment? Senator Luechtefeld seeks leave of the Body to return Senate Bill 908 to the O rder of 2nd Readlng for purpose of amendment. Hearing no objectlonr leave is granted. On the Order 28  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch 18, 1997 of 2nd Reading is Senate Bill 908. Mr. Secretary , are there any Floo r amendments app roved fo r consideration?

Amendment No . 2, offered by Senator Luechtefeld .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Luechtefeld , to explain your amendment .

Amendment No . simply makes the funding of this pa rtlcula r measure subject to -- which goes to agriculture, subject to approp rlations. If there 's no approp rlations, then then it slmp ly is not funded .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hea ring none , al1 those in favor of the amendment please signify by saying Aye . A1l opposed Will say Nay . In the op inion of the Cha irr the Ayes have and the amendment 's adopted . Any further Floor amendments , M r. Secretary?

No further amendments reported , Madam President .

PRESIDING OFFICER : (SENATOR GEO-KARIS) 3rd Reading . Ladies and Gentlemen of the Senate, we 'll be going we're going now to the subject of 3rd Reading of the Senate Bills, and starting on Page 6 , in the middle o f the Page, 3rd Reading . Senate Bi11 1 . Senator Phllip . Out o f the reco rd . Senate Bill Senator Philip . Senate Bill Senato r Bomke . Out of the record . Senate B il1 6. Senato r Radogno . Mr . Secretary , read the ...

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

PRESIDING OFFICER: (SENATOR GEO-KARIS) 29  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch l8, 1997 Senato r Radcgno .

Yes. Thank you , Madam President . This an initiative of the Attorney General. It 's currently a shell bill , and lt attempts to address the fact that many sexually violent persons a re extremely difficult to rehabilitate .

PRESIDING OFFICER: (SENATOR GEO-KARIS) This ls Senate Bill 9 , am I co rrect? Or is it -- I 'm sc rry , Senate Bill -- Senate Bill 6 . It 's on 3rd Reading , Senate Bill 6. will honor your request to ring the bell . And I -- now you know where you 're at , Senato r Cullerton? I dm glad . Senate Bill 6 . Senator Radogno -- Radogno .

Radogno .

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

Thank you . As I sa id , this is an inltiative of the A ttorney General . It attempts to address the fact tha t many sexually vlolent persons are extremely difficult to rehabilitate and tend to be repeat offende rs . It 's intended to create the Sexually Violent Persons Comm itment Act. It 's currently a shell bill. It 's intended that this would allaw for the civil comm itment at the conclusion of a crim inal sentence of persons determ ined by a court to be in continuing danger of comm itting sex crimes. Currently civil comm itment can be used as an alternative to criminal sentencing . This legislatian, however, will allow for both crim inal sentencin: and then civil commitment. Several other states have slm ila r laws , includ ing W isconsin : Kansas and Washington . And there 's also a similar bill ln the House sponsored by Representative Tom Dart. I 'd ask for a favorable vote on this so that we can continue working on this concep t. 30  STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March l8, 1997

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further d iscussion? Hea ring none, the question ls, shall Senate Bill 6 pass? Those favor will vote Aye . Those opposed Will vote Nay. The voting is open. Have a11 voted who wished? Have all voted who wished? Have a1l voted who wished? Mr. Secretary , take the record . On that question , there are 56 voting Aye , none voting No , none voting Present. This bill, havinq received the required constitutional majority, is hereby declared passed. Senate Bill -- on the page on the top of Page Senate Bill Senator Peterson . Mr. Secretary , read the bill . SECRETARX HARRï : Senate Bill 2l. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Madam President . Senate Bill 2l, as amended , does two things . For townships in Cook County only it authorizes the township board to levy a special tax on certain parcels to pay for sidewa lks r street lighting , street repa irs or traffic contro ls . Such tax may not be levied unless the owners of fifty-one percent or mo re of the pa rcels file a petition agreelng to the imp rovement. This autho rity is currently given to townsh ips and counties With populations between three hund red thousand and three m illion, but by backdoo r referendum . The additional language in the bill authorizes townships to ma inta in pa rks up to twenty-five acres, now ten acres . Currently the law allows townships tc use em inent domain for park purposes up to twenty-five acres and this just brings brings that into conformance with the eminent domain Section .  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1997 PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Senator V iverito . SENATOR VIVER ITO : I rise in favo r of this bill . I think it 's a good one . It fll help out the unincorporated areas and give our townships much more opportunity to help in areas of safety and need . I hope everyone Will vote Yes on it . Thank you , Senator. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusslon? Any further discussion? Hearing none , Senator Peterson , to close . The question is , shall Senate Blll pass. Those in favc r vote Aye . Those opposed will vote Nay . The voting 's open. Have al1 voted who w ished? Have all voted who wished? Have al1 voted who wished? Have a l1 voted who wished? M r. Sec reta ry , take the record . On that question, there are 48 votinq Aye , 7 voting Nay , 1 voting Present. And this bill , having received the required constitutional majority, ls hereby . declared duly passed . Senate Bill 46 . Senator Peterson. Mr . Secretary , read the bill . SECRETARY HARRY: Senate Bill 46. (Secretary reads title of bill) 3rd Reading of the blll. PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Peterson . SENATOR PETERSON : Thank you, Madam President . This bill has to do wlth the Senior Citizens Real Estate Tax Deferral Act, and it just provides that the app roval of the mo rtgagee is not required for participation the program . We fve had some problems , especially with out-of-state mortgagees that won 't sign off and so the seniors then cannot partlcipate in the program, and we're just taking them out of the Act altogether. I 'd appreciate your 32  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 approval of Senate Bill 46 .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 46 pass. Those in favor , vote Aye . Those opposed Will vote Nay . The voting 's open . Have al1 voted who wished? Have al1 voted who wished? Have a11 voted who w ished? Take the record, Mr . Secretary . On that question, the re are 56 vottng Aye, none votlng No , none votlng Present . And this bill, having received the required constitutional vote -- majority, is hereby declared duly passed. Senate Bi1l 55. Senator Mahar . Secretary , read the bill .

Senate B ill 55 . (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Madam Presldent , Members of the Senate . We have been workinq in a bipartisan manner for the past two yea rs on the issue of deregulation of the investo r-owned electric utilities in thls State . It is clear that we 're not going to have a conclusion cn th is by ou r deadline on Thursday . I 'm working w lth Representative Phil Novak in the House and we have agreed that in order to continue the dlalogue that we wculd each move tWo vehicle bills, this is one of them . And I would ask the Body to suppo rt me in this effort.

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

I have a I have a question of the sponso r.

PRESIDING OFFICER: (SENATOR GEO-KARIS) ' STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 He indicates he Will yleld . SENATOR WELCH : Senator Mahar, how many hearings has the Senate held on the deregulation bill Within the last year? PRESIDING OEFICER : (SENATOR GEO-KARIS) Senator Mahar. SENATOR MAHAR : Thank you y Madam Prestdent . We have : over the past two yea rs , Senator Welch , we have worked in a bipartlsan manner With the Joint Conm ittee of House Members and Senate Members as formed by Senate Jolnt Resolution 2l. And we have held hearings al1 over the State of Illino is . PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Welch . SENATOR WELCH : Well, why are all the bllls Rouse Bills? Why is the House handling a11 three deregulation bills and the Senate having none? The Sena te having no hearings of committees . The House is doin: a11 the Work and having a11 the input. and apparently there's -- the only bill that was introduced in deregulation in the Senate was sent to a subcommittee and died immediately . I 'd like to know why the Senate isn 't getting our two cents in on this very important legislation? PRESIDING OFFICER: (SENATOR GEO-KARIS) A re you addressing the question to Senator Maha r? SENATOR WELCH : It...question . PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Maha r. SENATOR MAHAR : First of all , Eena tor Welch , and I -- T have been invited and - - but I don 't know that you have been invited to the House 34  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch l8, 1997 comnittees. They are having hearlngs on subject matter only. They 're havlng hearlngs on absolutely no bills . We are -- on -- on our side - in the Senate side we are under negotia tions virtually every day over here on public policy that can be a consensus b ill that we can a1l embrace , whether we dre Republicans or Democrats. This is not an issue that has just surfaced over the last few months , since January of this year y but rather this is an issue that has been around and we 've been wo rking on for two years.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senato r Welch .

Senato r, don 't need to be reminded how lon: this issue has been a round . I sponsored this issue back ten years aqo , so don 't need to be lectured on deregulation and how long lt 's been around . My point is this, the Senate has nothing to do with this . This is going to affect every consumer 's utility bill the State of Illlno is and we have nothing to do W ith it. Th is is a -- this is a sham y and the way this ls being run is pathetic . The House is the one taking the lead . They are doing al1 the negotiations . They 've got the three bills from the three groups and we a re doin: nothing . We 're sitting back and Waiting for them to send something over to us that's going to result , from What I 'm hearing on these three bills, is a major increase in consumer utllity bills . And I think the re should be somebody there, hopefully fram the Senate , say ing that we don 't have to pass on the cost of ' bu ilding all these nuclear power plants to consumers. Th e re is a method to do it, where it 's paid for out of the excess capacity o f these companies . But nobody 's bring ing that to the Floo r, because none of us Senatcrs have anythlng to do with it . I think -- I think it 's rldiculous to pass a -- a vehicle over the re to 1et the House continue to run the show ls a m istake . We should take 35  STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 y 1997 their vehicles over here and start Senate hearings immediately . I urge we vote No .

PRESIDING OPFICER: (SENATOR GEO-KARIS) Any further d iscusslon? Any further discussion? Senator Mahar, to close .

PRESIDING OFFICER: (SENATQR GEO-KARIS) Well , thank you , Madam President . Once again , this is an issue that is going to affect every consumer in the State of Illinois . And it 's an issue that we have been working on diligently fo r the past two years. We have been working on it in a blpartlsan manner. We have been working on it w ith House Members , from both -- b0th sides of the aisle , and we have had hearings all over the State of Illinois . NoW I don 't know Where Senato r Welch has been during thls two-year period , but it 's clea r that We have -- not going to reach a conclusion that 's in the best interest of Illincis consumers by this Thursday . And I am working w ith Representative Novak r once agaln , who has taken the leadership issue side on this issue in the House , and we both agreed that we would move these two vehicle bills and we Would accept tWo vehicle bills from them . So I would ask for a favorable roll call. PRESIDING OFFICER: (SENATOR GEO-KARISI' The question is, shall Senate Bill 55 pass . Those in favor will vote Aye. Those opposed will vote Nay . The votlng is open . Have al1 voted who wished? Have all voted who wished? Have a1l voted Who wished? Have all voted who W ished? Take the reco rd . On that question , there are 31 vo ting Aye , 25 votin: Nay , 1 voting Present. And thls bill , having received the required constitutional majority, ls hereby declared passed. Senate Bill 56 . Senator Mahar. M r. Secretary : Will you read Senate Bill 56 .

Senate B ill 56 . 36  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 (Secretary reads title of bill) 3rd Reading of the bill .

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

Thank you , Madam President. Thls ls the second bill in ou r agreement With the House to move ove r two vehicle bills, and I would ask for the same roll call .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Any further discusslon? Hea ring none , the question is, shall Senate Bi11 56 pass . Those in favar w ill vote Aye . Those opposed Will vote No . And the vo tin: is open. Have a1l voted who wlshed? Have a1l voted Who Wished? Have a1l voted who W ished? Have all voted Who Wished? Take the record . On that question, M r. Secretary, there are 31 voting Aye , 25 votlng Nay , votin: Present . And this blll, havlng received the required constitutional vote majority, is hereby declared passed . Senate Bill -- Senato r Welch , for what purpose do rise , sir?

I 'd request a verification .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Of Senate Bill 56? Your request ls in o rder. Mr . Secretary . Request for verification . Senator Welch has requested it. Will all Senators be in their seats . The Secretary w 1ll read the a ffirmative or negative votes.

Following Members voted in the affirmative : Bomke , Burzynski, Butler, Cronin, D illard , Donahue , Dudycz , Fawell, Fitzgerald , Geo-Karis, Hawkinson , Karpiel, Elemm , Lauzen, Luechtefeld , Madigan , Mahar r Maitland , Myers, O 'Malley , Pa rker, Peterson, Petka , Radogno r Rauschenberger, Sieben , Syverson, Walsh , Watson, 37  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25*b Legislative Day Ma rch l8 , 1997 Weaver and Mr. President .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh , do you w ish to challenge -- Welch , rather, you wish to challenge anyone?

. . . Fitzgerald .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fitzgerald . He 's sittlng in his seat, sir .

Senator Walsh.

PRESIDING OFFICER : (SENATOR GEO-KARIS) Walsh ls right back in the last row .

Senator Maitland .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Maitland? He 's rlght at hls seat . Couldn 't be any bigger.

Oh , there he is . Senator Philip .

PRESIDING OFFICER : (SENATOR GEO-KARI/) We don 't usually do that: you 're out of order.

Pardon me .

PRESIDING OFFICER: (SENATOR CEO-KARIS) I thought there Was a standing rule here that the leaders...

I thought that the rule Was if the leaders Were both together negotiatlng With the Governor -- We didn't. That's always been the rule tha t I understood . Is there a neW rule? Okay . Senator - - Senato r Mahar .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Maha r. He happens to be in his seat. 38  1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch 18, 1997

Senator D illard .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator D illard is out quoting the rules.

Senator O 'Malley .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator O 'Malley is in his seat.

Sena tor C ronln .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Sena tor C ronin 's waving to you .

That 's the usual response . Do you see anybody r Madam President?

PRESIDING OFFICER : (SENATOR GEO-KARIS) I see them'all . Do you see them all? That 's the question .

Al1 right . I -- I have no further challenge .

PRESIDING OFFICER : (SENATOR GEO-kARIS) On that question , on a verified roll call, the Ayes are 3l, the Nays 25, the vote -- '1 voting Present , and this bill, havlng received the required verified roll, has the constitutional majority to be passed -- and is duly passed. Senate Bill 79. Senato r Rauschenberger. Out of the record . Senate Bill 8l. Senator O 'Malley . Mr. Secretary, read the bill.

Senate Bi11 8l . (Secretary reads tltle of bill) 3rd Read ing of the bill .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Sena tor O 'Ma11ey . 39  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March l8, 1997

Thank you , Madam President, Members of the Senate . Senate Bill 81 amends the property tax extension limitation law to exemp t extensions for joint recreation programs under Section 5-8 of the Park District Code . Incidentally , that portion of the Code permits jotnt recreational programs for -- for the handicapped. This thls grows out of a situation that was brought to my attention in the Eighteenth District involving the Village of Merrionette Park . V illage of Merrlonette Park a small community of abcut two thousand people. There 's a pressing need for provid ing these servtces as part of their recreatton program . The most efficient way to provide this service is through a joint p rogram be ing adm inistered in the south suburban a rea through an organization called , the South Suburban Special Recreation Program . And I 'd appreciate the suppo rt of the Chamber. I -- also would be happy to answer any questions there may be .

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

Would Ehe sponsor yield fùr a question? -

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

Senator O 'Malley , is this does this bill remove a levy from under the restrlctions of the tax cap that we passed just two years ago , much like the park district bonds did?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley .

This -- this allows those communities that did not have -- we re not levying fo r th is under their authority prior to the implementation of tax caps to do so , Senator. And the limitation 40  1 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Leg islative Day March l8 , 1997 on it is .04 percent of their EAV . PRESIDING OFFICER: (SENATOR GEO-KARIS) Sena tor Rauschenberger. Senator -- further discussion? Senator Jacobs . SENATOR JACOBS : Thank you , Madam P resident and Ladles and Gentlemen of the Sena te . Would the sponsor yield? PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he w ill . SENATOR JACOBS : Senator, as I read it, and following up on Senator Rauschenberger's question , this , in fact, then becomes a -- a tax increase does it not and -- and is it a front-door referendum in order to do this? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley . SENATOR O 'MALLEY : Senatory actually I -- I would contend that it ls no t a tax increase . This w 1l1 actually save the citizens of Merrionette Park a substantial amount of money based on the' information provided to me by the Mayor that was based on a public hearing they had in their community . . PRESIDING OFFICER: (SENATOR GEO-KARIS) Senato r Jacobs . SENATOR JACOBS : But again , doesn 't it state that any downsta te or suburban pa rk district may levy a .04 percent rate fo r the purpose of providing funding for the district's share of a joint agreement? Is that, in fact, a -- a tax lncrease or is it not? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley . SENATOR O 'MALLEY : 41 L - -  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 Again Sena tor, I 'm not trying to avoid your question. What I 'm trying to deal wlth reality as I know it . And the information provided to me ind icates that the cost to actually implement this program in the village not by a joint proqram would be substantially more expensive .

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

So , in effect, What we 're saying is even though the re may be the ability to raise thls .04 percent there may be an overall savings to these park districts by virtue of doing so , is that co rrect?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator 0 'Ma11ey .

When is done as a joint program the savings are phenomenal.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 81 pass . Those favor w ill vote Aye . Those opposed will vote Nay . The voting 's open. Have a11 voted who wished? Have a11 vcted who wished? Have all voted who wished? Have a11 vo ted who wished? Mr . Secretary , take the record . On that question, there are 34 voting Aye , 20 voting Nay, 2 voting Present. And thls bill, having received the required constitutlonal majority, is hereby declared passed. Senate Bill 85. Senator Donahue. Senate Bill -- take it out of the record . Senate Bill 86. Senator Mahar . Senator Mahar. M r. Secretary, will you please read Senate Bill 86.

Senate Bill 86 . (Secretary reads title of bill) 3rd Reading of the bill . 42  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997

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

Thank you , Madam President. This bill lncreases the fine, by fifty do llars r for speeding in a school zone . And that fifty-dolla r increment will be pald to the local school districts for mandates such as driver 's education or blke safety or whatever. It is supported by the -- by ED-RED , SCOPE , the IEA r the Illino ks Chiefs of Po ltce . It passed out of our comm ittee unanimously . And I would ask fo r -- it has nothlng to do with electricity, and I would ask for your support .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none r cn -- that question is, shall Senate Bill 86 pass. Those in favo r will vote Aye . Those opposed will vote Nay . The voting open . Have a11 voted Who w ished? Have a11 voted who wished? Have all voted who wished? Take the record . On that question, there are 56 voting Aye , none votlng No , none vcking Present. This bill, having received the required constitutional majority, is hereby declared passed . Senate B(l1 106 . Senator Butler . Out of the record . Senate Bill 129 . Senator Dudycz. Ou* of the record . Senate Bill 131 . Senator Madlgan . Out of the record . Senate B ill 132 . Senator Madigan. Out of the record . Senate Bill 138 . Out of the record . Senator Madigan . Senate Bil1 140 . Senato r Radogno . Out of the reco rd . Senate B111 151. Senator Mahar . Out of the record . Senate Bill 159. Senator Weaver. M r. Secre*ary -- Madam Secretary , will you please read the bill.

Senate Bill 159. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR GEO-KARIS) 43  STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg tskative Day Ma rch 1997 Senator Weaver . SENATOR WEAVER : Thank you , Madam President. The purpose of this legislation continues to be a greater efficiencies and fairness through inclusion of a11 benefitting properties in a single special assessment district. The amendment does the following : It requires that the special assessment include property outside current district boundaries to be initlated only by the property owners and not the district; it requires that the request of the property owners be made by at least the majority of the property owners served by the project; and it guarantees that all objections currently Available to property owners remain effect -, . with the one exception that they are technically outside the current, but soon to change , district boundarles . know of no objection. I'd be happy to answer any questions anyone might have . PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearlng none , the question is , shall Senate Bill l59 pass. Those in favor will vo te Aye . Those oppcsed will vote Nay . The voting is open . Have all vo ted who wished? Have all voted who w ished? Have a1l voted who wlshed? Take the reco'rd . On that question, there are 52 voting Aye , 3 vo ting Nay , none voting Present . This bill, having recelved the required constitutional majority, is hereby declared passed . Senate Bill 165. Senator Walsh . Madam Secretary , will you please read *he blll. ACTING SECRETARY HAWKER : Senate Bill 165 . (Secretary reads title of bill) 3rd Reading of the bill . PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh . 44  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg lslative Day March 1997

Thank you , Madam President. Senate Bill l65 amends the Illinois Funeral and Bu rial Funds Act to specify that the Comptroller shally by rule, develop a booklet for consumers plain English describlng al1 d isclosures required under thls Act. In addition y lt makes m inor technical changes in the short title of the Cemetery Care Act and Pre-Need Cemete ry Sales Act for vehicle purposes . And I 'd be happy to answer any questions.

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

Thank you , Madam President . Would the spcnsor yield?

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he w ill .

Senator Walsh , thls was rather controversial last year or so r and I just want to make sure before we vote on this that the Members are clear on it . As far as it being a vehicle , what w ill be ln -- placed ln the vehicle once this goes over to the House r do you have any idea?

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

It -- noth ing -- nothing will be dcne unless there some type of an agreement . This is something that needs to be done fo r the Comptroller 's Office, this th is descrip tion, and this is go ing to serve some benefit to the consumers who purchase pre-need funerals.

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

Is there anythlng or any conversation in the House to allow 45  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch 18r 1997 the -- the cemeteries to invest this money in a broader way than they currently can? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh . SENATOR WALSH : Not that I am aware of. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hendcn. SENATOR HENDON : Well I just want to caution the Members of this Body on this p iece of leqislation . There was an attempt y if you fo llowed Silver Shovel, to tie in legislato rs to this type of legislation - maybe not on its face - but if amended to allow the p re-burial cemeteries to invest this money in al1 kinds of ways and if a person died, they could find out that there 's no hole in the g round to put them in because the p re-sales people lost the money in speculation and in the stock market o r Whatever. So I would be very , very cautious about voting on this b ill w ithout an - assurance , and maybe I should ask , Senato r Walsh , w ill you give us this Body - in this Senate - an assurance that if that kind of legislation is attached to the -- in the House, that you Aould not go along with that legislation and would nonconcur with any amendment that would change and allow them the ability to invest th ts -- this -- this money . PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh . SENATOR WALSH : Senator, what's in the bill is very clear. NoW if somethin: comes back we dll have to take a look at but anything is go tng to have to be an agreement between the funeral directors r the cemetery workers, the Comptroller 's Office and -- and when it ccmes back , we 'll take a look and see if there ls any type of an 46  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islattve Day Ma rch 18 , 1997 agreement and we '11 -- we dll analyze it at that time .

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

So you 're not willing to give this Senate your guarantee , as many Members always do , that if an amendment ls attached this that will allow the cemeteries to invest this money on the stock market or on bean bags or anything else , that you 're no t going to nonconcu r, you will not give your wo rd on that?

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

Could you -- could you say it was -- it was the stock market and Wha t else?

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

Stock ma rket, bean bags , Whatnots, w idgets , anything . Right now and 1'11 be finished, I just want everybody to be clear. Right now -- and the reason ihis is important to me, because I was one of the targets that they tried to send to the penitentiary with this legislation . They didn 't get me because didn 't take the money . But you should be very clear on what they attempted to do and the reason why it is a bad thing to allow cemeteries to invest money that people have given for a little burial plot. When you die , some people want to know going to be buried right over there . And if they put that money in they want that hole in the ground to be there. That 's their final request . Nothing is wrong w ith that . But to allow the cemeteries to invest this money and risk someone 's cemetery plot ls very , very dangeraus . A11 I am asking you, sir , in orde r to get my vote, and I belleve there should be many in this room who are concerned 47  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 r 1997 about this, that you would just give your guarantee that in the House - 'cause strange things happen in the House that if in the House they put an amendnent that Will allow then to invest thls money of people who simply want to make sure that they are able to be buried in a hole that they picked . If -- if you will not give your -- I 'm asking will you give your word that if that kind of amendment is added, regardless of the type of investment , that you will nonconcur.

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

If -- it 's -- it 's bean bag -- it comes back that they can invest in bean -- bean bags and widgets I will not Co ncu r .

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

Thank you -- thank you , Madam President. As cosponsor on thls bill, I joined with Senator Walsh in this because We have had some terrlble problems With ' this very kind of prepayment in cemeteries in my a rea . I think that this bill Will allow the Comptroller 's Office to have .greater oversight over the investment of these funds and take lt out of the hands of the private cemetery owners who have faulted terribly in -- in m isplacing and m isusing the prepaid cemetery funds . I would suggest that we -- we monitor it r of course , very , very carefully when it goes over to the House , but I am supportive of this bill by the intent of the bill.

PRESIDING OFFICER : (SENATOR GEO-KARIS) Other discussion? Senato r Fitzgerald .

Thank you , Madan President . As Cha irman of the committee that this bill went through, I just Want to assure you that there's 48  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March l8, 1997 noth ing that I can tell in in this legislation wh ich Would , in any way r relax the requirements for handling the funds upon the sale o f pre-need burial contracts . fact, this bill would help the Comptroller 's Office to provide a booklet to consumers who are thinking about buying p re-need burial funds to understand exactly what -- wha t they 're getting into . And I can assu re you , as the Chairman of State Government Operations Committee , if an amendment comes over from the House that would somehow relax the oversight, that our comm ittee would -- would take a very close lock at at the legislation. And woult) also notey I think Comptroller Didrickson has a p retty gocd record on taking steps to assure the safety of the trust funds. So just wanted to reassure the Members on that, in that regard . Thank you .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Any fu rther discussion? Senator Walsh , to close .

Thank you, Madam President. would just ask for a favorable roll call .

PRESIDING OFFICER : (SENATOR GEO-KARIS) The question is, shall Senate Bill l65 pass . Those in favor w ill vote Aye . Those opposed will vote Nay . The voting 's open . Have a11 voted who wished? Have all voted who w ished? Have al1 voted who wished? Take the record . On that question , there are 55 voting Aye, none voting No , 2 voting Present. And this bill, having received the required constitutional majority, is hereby - - is hereby decla red duly passed . Senate Bill 194 . Sena tor Madigan . Senate Bill 196 . Senato r Mad igan . Senate Bill 198 . Senator Madigan . Senate Bill 209. Senator Carroll. Senate Bill 209. Sena tor Carroll? Senate Bill 228. Senator Dudycz . Read the bill, Madam Secretary .

49  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch l8, 1997 Senate Bill 228. (Secretary reads title of bill) 3rd Reading of the bl11.

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

Thank you y Madam P resident . Senate Bill 228 , as amended , creates the Illino ls Equal Benefit Opportunity Act of 1997 by stipulating that , notwithstanding any 1aw to the contrary , any unit of local government or school d istrict that grants benefits to same-sex couples under any criteria must p rovide equal benefits to hete rosexual couples under the same criteria . 1$11 be more than happy to answer any questions , and I would ask your suppc rt.

PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Any further d iscussion? Hea ring none , the question is , shall Senate Bill 228 pass . Those in favor, vote Aye . Those -- opposed will vote Nay . The voting is open . Senate B ill 228. Have a11 voted Who W ished? Have a1l voted who wished? Have al1 voted Who Wished? Have a1l voted who wished? Take the record. On that quesiion, there are 40 voting Aye, 10 voting Nay, 2 voting Present. This b ill, having received the required constitutional majority, is hereby declared duly passed . Senate Bill 230 . Senator Lauzen . Read the bill, Madam Secretary .

Senate Btll 230. (Secretary reads title of bill) 3rd Read ing of the bill.

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

Thank you , Madam President. TWo Weeks -- two weeks ago today 50  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March 18 , 1997 we heard extensive testimony in Judicia ry Comm ittee, before it Was passed 7 to 2. I 'd like to p rovide a brief summary of what that testimony included . F irst cf all Registered Nurse Brenda Pratt Shafer gave us -- gave us her eye witness repo rt of what thls ope ration is a11 about . This is what the nurse saw .

PRESIDING OEEICER: (SENATOR GEO-KARIS) Senator Lauzen, wculd you walt just a moment. This ls a very important bill, and I think your undivided attention is thoroughly requested , Ladies and Gentlemen of the Senate . P raceed , Senator Lau zen .

Thank you very much , Madam President . 'In September 1993, Brenda Shafer, a reqistered nurse with thirteen yea rs of experience , was assigned by her nursing agency to an abortion clinic . Since Nurse Shafer considered herself very pro-choice , she didn 't think the assignment would be a problem . But she was wrong . This is what Nurse Shafer saw , and her quote , ''I stood at the doctor 's side and watched h1m perform a partial-birth abortion on a woman who was six months ' pregnant. The baby 's heartbeat Was clearly vis'ible on the ultrasound screen. The docto r delivered the baby 's body and arms, everything but his little head . The baby 's body was moving . His little fingers Were clasping together . He was kicklng h1s feet. The doctor took a pair of scissors and inserted them into the back o f the baby 's head and the baby's arms jerked out in a flinch, a startle reaction, like a baby does when he thinks that he might fall; then the doctor opened the scisso rs up ; then he stuck a high-powered suction tube lnto the hole and sucked the -- the baby 's brains out . Now the baby was completely limp . I never went back to the clinlc , but am still haunted by the face of that little boy . It was the most perfect angelical face I have ever seen .'' Next We heard testimony from a Roman Catholic Bishop Gregory , Who comes from the 51  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 Belleville area . He 's an expert in the moral aspects of what thls prccess is about. He asked two rhetorlcal questions . Basically : Wha t have we come to as a scciety that we would even need to debate such a ho rrible act? And number two : How close to infanticide does a procedure come before lt is actually recognized for what it is? Number three, Doctor Pamela Smith , Who 's Directc r of Medlcal Education at Mount Slna l. She 's reccgnized as an expert obstetrician-:ynecologlst , and P resident of Physicians Ad Hoc Coalition Fo r Truth . Her testimony included , quote , ''There are absolutely no obstetrical situatlons encountered in this country which require a pa rtlally'' -- ''a pa rtially delivered human fetus to be destroyed to p reserve the health of the mother.'' She also then testified as far as how many of these procedures a re performed , and the nunber, if I recall correctly, Was in the area of four to five thousand across the country . Nunber four in the lineup of six was Doctor Donald Helfer . He is an expert anesthesiolog1st, and what he talked about during testlmony was the pain that 's inflicted on the baby whose life is ended tn the process of being dellvered . Next came Attorney Mary Hallan, who 's the lawyer for Archd iocese of Chicago . She 's an expert in constitutional aspects of what we 're talking about today . And t.hen , finally , Jeannie French shared W ith us her personal experience of carrying a severely ill baby to te rm . I think that lt was her quote toward the end of her testimony that summarized what it is that we 're about today y when she said , ''Our response to human imperfection; disability and defo rm ity can not be violence and killing ; it must be love and acceptance .'' I 'd be happy to answer any questions.

PRESIDING OEFICER : (SENATOR DUDYCZ) Is there any d iscussion? Senator Jacobs .

Thank you , M r. President, Ladies and Gentlemen of the Senate . 52  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 , 1997 W ill the sponsor yield?

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

Senator, there are -- are many of us tha t are -- a re pro-choice in in this Body , and are -- are that because of many reasons. One cf which ls not the reason , and that 's be ing pro-abortion. And I think that that is something that we have to keep in m ind during these debates . And' We further understand that, somewhere along the line, there must be lim itatlons and p rotections, and those thlngs must be p rovided . But to the bill, I have some questions whlch I have some -- some definite concerns wlth and would like to just run those by you. Number one: What is the definition of a late-term abortion?

PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Lauzen .

Partial-birth aborticn means an abortion in whlch the person performing the abortion partially vaginally delivers a living humàn fetus or infant before killing the fetus or infant and comp leting the -- the delivery . The term -- the terms ''fetus'' and ''infant'' are used interchangeably to refer to the b iological offspring of human parents.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs .

With the the judicial system, it's my understanding that there is no definition and -- and -- of partial-birth abo rtion , and therefore r this is going to pose a problem to the courts . Can you respond . to that? 53  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Leglslative Day Ma rch l8, 1997 END OF TAPE TAPE 2

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen .

Yes . believe that this is deflned speeifically in what was just read, and ehe expert testimony frcm the docto rs whc came forward , b0th here -- and this is baslcally the same bill that was offe red at the national level . Basically they 're saying that anyone who wants to understand what this ls will unde rstand it# and that -- the doctors who testified said that it is a clear concept, as opposed to what some o f the opponents of the ban are saying .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Jacobs .

Well, according to your openlng remarks, Senator: didn 't get the idea that there were any oppcnents to this because you d idn 't make any remarks regarding what the opponents may have testlfied But regardless of that, don 't we currently have a third-trimester prohibition in the Sta te of Illinois?

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Lauzen.

believe that the answer is no , because ... And , to buttress that, if we did have a prohibition, how could these p rocedures be taklng place?

PRESIDING OFFICER : (SENATOR DUDYCZ) Senato r Jacobs . 54  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch 1997

Well, first of all, to my knowledge, I don 't know of any that have been . I 'm sure you have more knowledge , being in the committee , of those that have been done on the -- the -- in the Sta te of Illinois, and I would guarantee you that they 're probably not that many , if there are any at all. Beyond that, you know , Senator, I really feel that this bill could prcbably be supported by almost every group in the State of Illinois with one m inor change , and think that it's unfo rtunate that we didn 't put it in there . do give the sponsor credit that he did put in there a provision to save the life of the mother, but there is no provision in this which -- which refers to the health of the mo ther. And think that 's a real important po int. would like to see that, and hopefully in the House . 'Cause this is going to pass out of he re, and it 's going to pass out of here : think , fairly overwhelming and probably with my vote . But I do have some serious concerns With thls bill, and hopefully , in the House , they 'll clean up some of th is to ensure that not only the life of the mother, because the life cf the nother is very impo rtant , but so ls the sanctity of her health very lmportant , especlally there are other ch ildren involved . So I think it 's something that we -- we truly need to clean up Whenever it gets over to the House . I know we don 't have time to do lt now , and I don 't like tc rely upon the House. But just want to state again that as a prc-choice Democrat: and p roud to be a pro-cho ice Democrat for my oWn reasonsz I feel that there are limitations that need to be doner and this may be one of khose, but I still th ink it needs some clean up. And just wanted to ask those questions.

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

I would move the previous question. 55  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March l8 , 1997

PRESIDING OFFICER : (SENATOR DUDYCZ) There are eight addit ional speakers . Any further discussion? Senator Geo-Karis.

M r. President, Lad ies and Gentlemen of the Senate , I sha re the concerns of Senator Jacobs, and I do hope that that w ill be taken into consideration in the House . -- frankly, think that abortion should never be used as a lifestyle . I 'm definite about that; however , in the cases where there 's a severe impact on the wcman 's health, I think that might have to be conside red . But the bill is not a bad bill, because, as I said , I don 't feel abortion should be used as a lifestyle ; it should be used only in the case of extreme need for the health and safety of the mother. And will vote for the bill. But I have those conce rns ...

PRESIDING OFFICER: (SENATOR DUDVCZ) Any further discussion? Senator Hendcn.

Thank you , M r. Presldent. am pro-cholce . Everyone understands that. I 've been pro-choice and voted that way consistently . Today , I 'm goin: to support Senator Lauzen 's bill . When he brought it up last year, I voted Present and was very close to supporting it then. We have to look at where we 're going , and ln these days while they 're clonin: - I believe they lre probably cloning people already; theydre just not telling us about it - sometlmes for research or the purpose of research or in the interest of science , we get a little carried away and go a little bit too far. And I think that this should be banned , and I1m -- just -- I'm thankful that Senator Weaver moved the previous question so that Senator Lauzen does not have to be as graphic as he can be describing this thls late-term r partial-birth abortion procedure . So I urge an Aye vote .

PRESIDING OFFICER: (SENATOR DUDYCZ) 56  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Leg islative Day March l8 , 1997 Any further discusslon? Senator Dillard .

Thank you , Mr . President and Ladies and Gentlemen of the Senate. Will the sponsor yield for...

PRESIDING OFFICER : (SENATOR DUDYCZ) Sponsor lndtcates he will yield . Senator Dillard .

Senato r Lauzen, recently I 've read media reports of someone who throughout their life r I think y cha racterized themselves as a prc-choice advocate , who somehow , I guess, had a change of hea rt and admitted that they were lying about the number of abo rtions or procedures that we re committed this country . Has thae gentleman -- his recantation of his statistics , does that invclve the partial-birth abortion?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen .

Yes, it does .

PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Dillard .

So that person 'who suddenly sald, jeez, I lied for al1 of these years and we 're doing several more partial-birth abo rtions America r that was about thls . Hok many partial-b irth abortions are comm itted in the United States annually?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen .

There are very wide -- there 's a very wide range of what those estimates are . C . Everett Kccp has said that there 's -- a fo rmer Surgeon Genera l of the United Statesr has said that there 's between four thousand , five thousand , and I understand that  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch l8 , 1997 Planned Parenthood has not disagreed with that . PRESIDING oFFIcER: (SENATOR DUDYcz) senator Dillard .

Just so I 'm clea r then : Four to five thousand partial-birth abortions annually in the United States?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen .

Yes .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Dillard .

To the bill, M r. Presldent : I rise in support r strongly , of Senate B ill 230 . Anyone that watched Senato r Lauzen and his witnesses in the Judiciary Committee I think really had their eyes opened with respect to this p rocedure . In a civllized society, I just find it incredible that we could allow such a literally ba rbaric procedure take place . Taking a scissors , putting it in the skull of a -- of a éhlld, a goung person coming out into life, and then literally sucking the brains out of that child , Eo me is beyond comp rehens.ion that we could allow something like this to go on in a country like the United States that calls itself civilized . And I guess the last po int I make on this bill : If anybody follows th is procedure , you have to understand that they keep the fetus, the child, in the mother's birth canal right up until *he end when they stick the scissors or jam the scissors ln the child 's head . The reason that they do that is so that literally under the law of Illinois as it stands : the reason they keep that chlld in the birth canal is because they took it cut of the birth canal, under our criminal laws , it would be murder . And there 's a good reason that it would be murder. It 's because 58  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 this is a ba rbaric act, and cannot believe in 1996 , a civllized country like the United States, where in a State like Illlnois, we allow this procedure to be performed .

PRESIDING OFFICER: (SENATOR DUDYCZ) WAND-TV has requested permlssion to videotape . Hearing no objectlon, leave is granted. Any further discussion? Senator Halvo rson.

Thank you , M r. President, Members of the Senate . Will the sponsor y ield?

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor ind icates he wl11 yield . Senator Halvorson .

Senator Lauzen, I just want to ask you: Would you consider putting on an amendment in the House that will also put these so-called partial-birth abortions -- allow them in cases where , in the physician 's opinion, that her health will be endangered if the procedure 's not perfo rmed?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen.

The answer is no , and this is why : Doctor Pamela Sm ith , durin: the proceedings -- is the head of Medical Education at Mount Sinai Hosp it al; Doctor John G ianopolousy Loyola Hospital, head of the Department of Gynecology and Obstetrics ; two other Sp ringfield experts , were there to answer questions - the Illinois Medical Society - have all w ritten statements and , in some cases , oral testimony that this p rocedure has no medical necessity ; that there is no case - again , repeating what Doctor Pamela Sm ith had said in a wrltten statement , which I mentioned before - that in no case does this help -- by destroying the life of the baby that 's being born, does that in any way help the health of the mother . 59  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further -- Senator Ha lvo rson .

Well, I will say tha t I p lan on supporting Senate Bl11 230, but I believe - I really believe - that it needs to be imprcved . I will work with the spcnsors in the House to get them to add the amendment and if -- this amendment Would allow so-called partial-birth abortions only in the cases where, in the oplnion of the physician, that her health will be endangered if it 's not performed . Now y I feel that this is an improvement to the bill because it gives the doctors more say over the woman 's health . They are the ones that should be given more autho rity for th is . Thank you .

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

Thank you, Mr. President. I just Want to make a brlef comment here . I have spoken to many people who 've called my office r and I 'd have to say alnost all the calls have run in favor of Senato r Lauzen 's b111 . But one resident ln my dlstrict called me and made what I would term the typical pro-cho ice argument. She sald to me : ''Senato r . Fitzgerald , I 'm aga inst this bill because it would deny women the right to choose and I thlnk women 's right to chocse should not be in any way impaired .'' And I said to her , I sald : You know r that was the same argument Senator Stephen Douglas made when he debated Abraham Lincoln in the 1858 U .S. Senate debates in Illinois When talking about another subject - slavery. Senator Douglas said he dldn 't know whether a Negro was a person or a property , as the Dred Scott decision had recently declared , that Negroes were property at that time . And he sald r since he didn 't know , he sald , therefore , in his opinion , he would give his friends the right to chcose . And he said he 'd give states -- new 60  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997 states cominq into the Union, he 'd give them the right to choose whether they want to come in as free states or slave states. And Abraham L lncoln 's response to that argument Was thatr Senator Douglas, you 'd give cholce to your friends, you 'd qive choice to your slaveholding friends, to neW states coming into the Union , and you 'd deny the cho ice to the one that 's most affected by your decision. And think that 's a very dangerous argument that Sena tor Douglas made . obvious to al1 peop le today that the Dred Scott decision from the 1800s was wrong . People of a11 races are people r not they 're persons entitled to constitutional protection; they dre not prope rty . Now , it may not be obvious to everybody in the room tha t an unborn child is also entitled to constltuticnal protections . To me , I believe that life beglns at the time of conception . And if there 's any doubt in anybody 's mind , I would encourage a11 of you to think : Wculdn 't lt be better to err on the slde of humanity in this case? Because we 're potentially making the same mistake that Stephen Douglas made or that some slaveholders used to make in thinking that Negroes were not persons: that they were p roperty , the results are truly catasErophlc. So a11 cf you, -- I think this ls a wonderful bill, and, Senator Lapzen, commend you. Thls procedure y particula r, is grotesque and inhumane , and would encourage everybody to vote for this good blll . Thank you .

PRESIDING OFFICER : (SENATOR DUDYCZ) Kny further d iscussëon? Senator Cullerton .

Yes , thank you, M r. Presidentr Members of the Senate . The proponents of this bill have built up a 1ot cf support, a 1ot of public support, and I th ink , in pa rt, because as -- as was described , it 's a -- the procedure itself is grotesque, and it 's - - it 's normally used when a -- a fetus is viable . And the -- the other th ing , I th ink , is that people learn that Roe Wade allows 61  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1997 abortions in the th ird trimester for the health of the mother, and there's a concern that since that is a decision that the mother can make r that that could be done fo r frivolous reasons. And that 's why I think there 's a lot of publlc support to pass this bill. I believe that the bill is unconstitutional , and it wlll be skruck down. The reason for that ls thae the definition that Senator Lauzen referred to is not deseribing medical terms, but instead it 's very broad . And in fact , it 's so broad that it p robably covers other abortion procedures wbich are utilized during the second trimester r and , by the way , wh ich to me are equally grotesque and ba rbaric . Instead of the -- the procedure that Senator Dillard described , it 's -- it 's e effect , dismemberment of -- of a fetus , and that 's allowed , and that 's not even the aim of thls particular bill to p rohibit . And if you get up and describe that, makes me just as sick to hear that as it does to hear this procedure . This bill is patterned after an Ohio bill: which was found to be unconstitutionally vague and violative of due process . I think the -- the thinç that the testimony made me do was to go back and -- and look at this Roe v . Wade standard . And the 1aw says , whether you like lt or not , that nonviable fetuses -- we cannot pass any laws that place a substantial obstacle ln the pa th o f a woman who fs seeking an abortion . And as sald , because of the b road definition, this bill would prohibit some of those second-trimesterr previability abortionsr and as a resulty that 's why it would be found unconstltutiona l. And for post-viability, we ean pass laws whlch proscribe those abo rtions, but the Roe v . Wade decision and subsequent decisions say that the woman With her doctor can decide, for medical purposes, that if they need it for life or health , that they can have And that 's What the decision says. So you need to have an exception for the health of Woman or it 's unconstitutional, and thls bill doesn 't have one . Many people have called it the ''pa rtial truth 62  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 r 1997 abortion bill'' because of the testimony that was llsted ea rlier. An abo rtion rights leader announced that he had said that he had lied when he said there was only five hundred of these , When really there were five thousand . Well , again, like it or not, there 's a m illion and a half abortions performed every year ln the United States, so it is a small percentage . And you wonder why someone would choose to have this procedure . It cannot be a whimsical decision made by a woman or a doctor. I think that the women don 't make that decision . A woman doesn lt say , ''Oh , give me one of those types of procedures .'' It 's a physician that tells her that this is the safest way to do it, and that 's why she does it . So , enactment of this bill if Was constitutionalr which I don 't think it would be , but if it Was t it would severely lim it the second-trimester abortions , which is probably the -- one of the ultimate goals of the proponents. And if it 's unconstitutional , We're just going to be spendlng money on lawyers to defend lt, as we have for many yea rs in the -- ln the State of Illinois, as We attemp t to pass these bills . The sad pa rt about th is pa rticular bill 1s , after listening to the testimony , believe that there is a way to ban these in a constitutional way . And : you know , the ACLU is not go in: to try to help the p ropcnents of this bill to amend the b111 to make it constitutional. That 's not their role . But there is a way to pass a bill like this, but I guess in this particular area , we don 't have any agreed bill process . No one really wants to seek a middle ground. just confrontational. And as a resultz we 're going to end up going to court and spending mcney , and it 's not going to be helpful for the p roponents . It 's not enjoyable for people Who are pro-choice to get up and have to debate this as well . It 's a -- it 's a very tragic situation , and unfortunately, it's just going to end up in court.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Cronin . 63  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997

Thank you, Mr . President, Ladies and Gentlemen of the Senate . You know , there has been a fair amount of discussion about the constitutionality of this bill , and Sena tor Cullerton pointed out himself, just a moment ago, that We are precluded by the Supreme Court decision Roe versus Wade . We nay not place substantial obstacles in front of a woman seeking an abortlon. But this bill does not do that. I direct the Body 's attention to the Casey decision, other supreme Court decision , that said leglslatures may regulate with reasonable restrictions but shall not prohiblt access in total . And this bill doesn 't do that. A 11 this b ill does -- is prohibit one particula rly gruesome procedure . You know , we talk about to save the -- the life o f the mother and Why don 't we include a health exception . Well, the line 's got to be drawn somewhere. We'd like to trust the doctor's judgment, but to save the life of the mother means life-threatening health consequences . To p rotect the health of the mother, doctors on b0th sides listened to the testimony the doctor fo r the opponent of this bill could not cite one instance Where she had observed or was aware of this procedure being performed , which meant to me that she couldn't see a justifiable use for yet she wanted to be given the discretion to use it if they needed to in some certain circumstance . Didn 't make sense to me . The logic didn 't make sense . She couldn 't talk about how it Was necessary from a health standpoint, but she didn 't want any restriction placed upcn her. Doctors -- the doctor for the proponent of this bill discussed how this procedure itself threatens the health and life of the nother, to turn the child breechy to go through that vio lent procedure offends the health of the mother and is threatening to the health of the mother. Docto rs are perm itted (sic) every day in our laws from doing harm. A doctor ls not prohlbited from perform ing an abortion by this bill . They 're not 64  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March 1997 prohibited at all. They can just take another avenue. I know and we a1l know how controversial the issue of abortion is, and I know that people have a hard time reconcillng Many people do . But consider the lrony of when you pick up the newspaper and you read the story about the newborn baby that 's thrown out the window or dumped in the Dumpster . mean , consider the irony . Would the doctor that performs these abortlons be better off just letting the child be bo rn and then throw the -- the child out the window? mean , -- I don 't get it . The d ifference of about thirty seconds makes the doctor a -- a murderer, and -- and here we 're talking about a reasonable restriction . For once , you know , if we 're go ing to try to ever find any common ground on this issue , fo r once , please, let 's come down on the side of the baby . ask fo r your suppo rt .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen , close .

Thank you very much . In closing , I 'd first like to introduce two little frlends up ln the gallery above the President 's Desk : Lorien Vanzwieten and Savannah Murphy. I Would just llke to welcome them to the Senate . One is three weeks old ; the other is six weeks old . I 'd like to ...

PRESIDING OFFICER: (SENATOR DUDYCZ) Welcome to the Illinois Senate.

Then I 'd like to ask one question of those who oppose *he ban on pa rtial-birth abortion : Is nothing sacred anymore? These children were in the womb three and six weeks ago . Why do most of us cringe with pro found sadness When we lmaqine the brutality of the p rocedure we ask you to ban today? It 's because we recognize that the amount -- that -- that the moment the scissors plunge into the back of the skull, With the startle reactionr a life just 65  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 , 1997 like ours has ended. This isn't just grisly; it's inhuman. Hold a baby, a daughter, a son, a grandchild, for just a moment, and you appreciate God 's gift to us of innocent life, God 's goodness grasping our hand with their chubby little fingers, joy and happiness reflected in the sparkling eyes and rosy cheeks on a cold winter 's day , peace personified as a baby finally sleeps quietly at night. Yes , there are limits to what one person can choose for another , but this is common ground the abortion debate . Just as responsible pro-life advocates ag ree that there should not be vlolence outside abo rtion clinies , reasonable pro-cholce advoca tes recognize the inherent evil in the savage act of partial-birth abortion. This a defining moment in our State 's history . You 'll have few chances in your lifetime where you 'll vote on an issue o f such clear humanity and mercy . Let the innocenee of these partially born children appeal to what Abraham Lincoln called ''the better angels of our nature''. I ask fo r your Yes vote.

PRESIDING OFFICER : (SENATOR DUDYCZ) The question is, shall Senate Bill 230 pass . All tbose in favor will vote Aye . Opposed will vote Nay . And the voting is open. Have a11 voted who wish? Have a1l voted who wish? Have a ll voted who kish? Take the record . On that question, there a re 44 Ayes, Nays, voting Present. And Senate Bill 230, having received the required constitutional majority, is declared passed. senate Bill 239. Sena tor Rauschenberger. Sgnate Bill 240 . Senato r Karpiel. Senate Bill 248 . Senator Fitzgerald . Madam Secretary , read the bill . ACTING SECRETARY HAWRER ; Senate Bill 248 ... Pardon me. Senate Bill 248 . (Secretary reads title of bi11) 3rd Reading of the bill .

PRESIDING OFFICER : (SENATOR DUDYCZ) 66  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Leg islatkve Day March 18, 1997 Senator Fitzgerald .

Thank you y M r. President, Ladles and Gentlemen of the Senate . Senate Bill 248 would allow children who go to day care homes in Illinois day care homes are hones that take three to e ight children in for day care - it would allow these children to bring a sack lunch to the day care center -- not -- and I 've got to be careful. don 't want to confuse it. To the day ca re home , not day care centers . Right now there is an internal DCFS rule that provides day care homes must have a catered lunch fo r a1l the children, and this bill arose because I had a call from the operator of a day care home in Arlington Heights who took in just a few kidsy kids who lived in he r neighborhood o r subdivision , and she said , ''Were you aware that, under this internal regulation y kids can 't bring a sack lunch to the day care home'', and she said , for that reason, she was getting out of the business . So my idea here to -- to override that internal DCFS rule . think that doing so would increase the affordability and ava ilability of day care in Illinois. This is something we can do that Won 't cost any taxpayer money, and it would just make it easler and more affordable for kids to get gocd day care in Illinois . DCFS wound up belng neutral on the -- on the bill. So, I 'd be happy to answer any questions .

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

Thank you , Mr. President . Just a comment about this , and I -- I understand where the sponsor is com ing from and thlnk it 's wonderful to think about if they can bring their lunch . Howevery a couple of weeks ago I was at a Day Care Council meeting , where they had a seminar in the evening . was there w ith Representative Ronen , and we were speaking to them on day care 67  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997 issues . And several of them came up to me and talked about th is concept because what they 're concerned abcut, and why they dre concerned about allowing children to go to day care centers with separate lunches , is what about the child who comes w ith the Twinkies or something that anotber child Would like . Right now , the Way it is, everybody is is eatlng the same thing , and there aren 't tha t arguments that there can be with those younger children at that age . So they Were very concerned , and they expressed their concern to me about the bill; they had mentioned it r about the opportunity of children bringing in their own lunch , because it could cause squabbles within that day care group . So I would be very cautious on this . -- Would actually respectfully ask the sponsor maybe we couldn 't look at th ts further and talk with the Day Care Counc il people . Thank you .

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

Thank you , Mr. President: Ladies and Gentlemen of the Senate . You know -- Would -- would the sponsor y ield?

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

You kncw, I feel that I 'm getting up too much ; Which many of you probably will agree with. But, you know , I sit here and listened to the previous bill and -- and heard the sponsor talk about the p rotection and the care of the children , and what I understand in this bill, that -- that the original reason that they -- they put in the rule prohibiting the children from bringing a lunch was established to -- to protect the child ren . You know , having six ch ildren of my oWn and thlrteen grandchildren , number fourteen on the way , you know , -- I'm for the kids , and -- and this is one thing that I think is -- is very 68 ( STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 important. And I just don't know.why we're doing this, especially under the -- the guise of the -- the last discussion, which al1 rendered around being pro-children , pro-ch ild , and I think here 's a case where we 're coming back and throw ing it open to a hit-and-miss chance . And T thlnk we should vo ee No . PRESIDING OFFICER: (SENATOR DUDYCZ) Any fureher discussion? Senator Collins . SENATOR COLLINS : Yes . Thank you very much . Fo r once -- for scmeone who had the responsibility of -- of monitorlng day ca re centers and day care homes and nutrition of -- of the -- of the pa rticula r meals that the kids are served , I think I have some knowledge of why the . concerns and why the rules was established in the first p lace . There 's another issue in addition to what Senator Parker has sald and Senator Jacobs r is a question of liability also . If a child brings food ln from home , and by sone reason that food is contaminated and the child gets sick because it was imp roperly prepa red or -- or ca red fo r, then Who then bear the responsibility fo r liability of that child getting sick after hav ing a meal in that -- in that partlcular day care home or day ca re center? So it 's not a simple issue . I think you should take heed to what Senator Parker has sa id r take lt ou* of Ehe record , take a closer look at it, before We go on and do this . It may seem like a very simple solution to a problem , but it could cause more problems than -- than what we are attempting to solve. So, I Would just impress upon you to listen to what Senator Parker had said . PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? Senator Fawell. SENATOR FAWELL: I think we 're getting a little crazy around here . I have -- I happen to have grandchildren that are now in junior high, and every week I buy 'em a lunch ticket and every Week there comes a 69  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day Ma rch 18, 1997 day when they don 't like what 's on the -- the menu , and every week they make a peanut butter and jelly sandwich and take it to the -- to the school. It just seems to me that lf the parents want to give their kid a peanut butter and jelly sandwich instead of scme tuna casserole or something that somebody 's made up in their home r *e ought to 1et 'em do it . This is -- this is getting nuts when we get to the point we won 't even let the parents pack a lunch for their kids . think we ought to vote for thls bill .

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

I certainly understand what Senator Fitzgerald ls trying to do , but very honestly , think -- to think that every mother out there is responsible enough to make a mealz p repare it and then go to work in the morning in a rush , think a lot of cases a mother m ight not even be able to prepare a meal . A child may very well be Without one . And th ink that it ought to be monitored, out to be protected , and a person ought to be able to observe that those chlldren are being fed properly . The owner probably w ill end up sometime not being able to take ca re of that child simply because the mother doesn 't prepa re their meal properly . And I think , unfortunately r he 's missing the intent a licensed procedure that is necessary in p rotecting our young in these partlcular envlronments . Thank you .

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

Thank you r M r. President , Ladies and Gentlemen of the Senate . th ink you need to understand that what we have herer to some extent, is an access issue. The Executive Branch r over the last two years r has made a hero ic effort to lncrease access to subsid ized day ca re . Last year the Governor 's budget included a 70  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March 18 , 1997 fifty-m illion-dollar increase in -- in day care availability , and this year he 's p roposed an additlonal seventy million dollars . What you need to understand about thls bill is it does not perm it day care homes to -- to go into the kitchen and start making tuna fish sandwiches . What this permits is for a mother to pack a sack lunch for their own child to take to a day care home . The -- the issue of affordab ility is critical here, because if you start forcing day ca re homes to provide catered-in lunches, number one, people will leave the business , and number two , we dll be addressing rate increases . Every time you increase the rate of -- of what child care costs , you reduce the access . So if we 're going to provide access , which is critically important to the welfare reform , critically lmportant to working families across the State of Illino is , thls is a good b ill. This perm its a mo ther to make a peanut butter and jelly sandwich for their own child to go to a day care home . These day care homes are selected by the parents . This is a good bill, and it 's an access bill . Vo ting aqa inst this bill makes it more difficult for us to provlde adequate child care. PREStDING OFFICER : (SENATOR DUDYCZ) Any further discussion? Senator Burzynski.

Thank you, Mr. President. just rise in support of this piece of legislation . Senato r Fitzgerald had this in ou r comm ittee two , three weeks ago . We had a tremendous amount of testimony on this bill opposition at the same time that we had another b ill relakive to allow ing felons to provide day care and become foster parents. And the same people that opposed this bill supported the other bill. So I find that kind of interesting . Senato r Rauschenberger hit the nail right on the head : This is an accessibility and affordability issue . In addition to that, this is a bill that also says a parent can take responsibility for 71  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 their cwn child y if they so desire to do that. I support it r and I would encourage an Aye vo te .

PRESIDING OFFICER: (SENATOR DUDYCZ) Further dlscussion? Senator Mo laro .

Thank you , M r. President. Well, you know , don 't know . I really don 't understand it . I'm no t on Appropriations , so can 't really add ress what it means in affo rdabiltty and -- and what it's going to do to the whole day care system in the State of Illino is. My guess would be not much . I don 't think this is going to save the State of Illinois by allowing someone to bring a peanut butter and jelly sandwich. The reason that this is the rule now and Why we 're tryin: to change it seems pretty simple . It 's not a money issue ; it 's a safety issue . We 're talking about day care facillties where these kids a re th ree , four and five years old . Now , in grammar school and high school , you can bring a lunch in , and it would seem to me that as these kids get a little older, they can decide for themselves . They could take a look and see , HI don 't like this sandwich . I 'm allergic to this . I don 't like the way this looks . I don 't llke the way this smells .'' One of Ehe reasons you have thls rule is that when I drop a daughter oq son off at day care and you drop . your daughter o r son ofê and we drop them off, we want to make sure that the meal that someone might be bringing in isn 't being prepared by thelr eleven-year-old sister r because, sad to say r the mother and father may have had to leave for work and the eleven-year-old sister is preparing something that's rancid , that isn 't good . These three- and fou r-year-o lds tend to share meals . would like know and like to be protected that if my three- or four-year-o ld is in a day care center, he 's not or she 's not going to be Willy-nilly picking on food that could be contaminated , could be w rong . This is fo r the safety of the chlld . That 's -- that 's why th is rule was put here r  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 for the safety of the child . Yesy the re 's no question that -- it 's no question easily to say , ''Well, my kid should be able to brlng their own peanut butter and jelly sandwlch.n Well, that makes sense . Howeverr it 's not that simple . This rule was put there for the p rotectlon of the child , and to say , hey , We Want to bring it back because we save a few dollars , I think is wrong . Thank you .

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Fitzgerald , to close .

You know , listenlng to this debate, Senator Mola ro and others: I have to ask what the world is coming My mom - we had five kids every day for the elght years that I went to grade schoolr she made a lunch for me and sent me off to schccl w ith my brothers and sisters. And we 're a11 fine , Senator Mclaro . We didn 't get sick . We -- we somehow survlved . you ask the average guy on the street if he knew that it 's illegal in the State of Illinois for a mom to make a sack lunch of peanut butter and jelly sandwich and send the kid off to day care -- and I 'm talking about day care homes . This blll doesn 't apply to the b ig day care centers who tried to kill the bill because they 're trying to put the homes out of buslness 'cause they 're competition . That 's why they got that internal DCFS rule , to snuff out their competttion . And the lady who called me ran a day care home and she said lt 's impossible to provide affo rdable day care when you have a State mandate that the parents can 't provlde a sack lunch fo r their kid . A day care home is fo r three to eight people . Normally it's a lady who lives on your block or in your subd ivision who has a couple of her own kids and she might take in a coup le of kids from down the street. Now , you want to tell the average voter in your district that ycu think should be illegal for those klds ' moms tc prepare a sack lunch fo r them? That 's absu rd . Th is -- the reason for that rule has  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1997 nothing to do w ith protectin: kids . The reason for that internal rule is because the big business day eare centers, and there 's a lot of money now in day care fcr those centersy they 're trying to snuff out their competition, and they 're succeed ing at and they dre making day care unaffordable in th is State . Now , if what you lre saying is true , Senator Mola ro , T suggest that you introduce a bi11...

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fitzgerald y beg your pardon.

Senator Molaro , suggest you introduce a bill to make it illegal for a kid to bring a sack lunch to school, because our schools allow kids to bring sack lunches. As Senator Eawell noted , she 'll make them for her grandchlld ren. Th is ls a commonsense bill . There 's nothing wrong with a mcm making a sack lunch for her kid and sending them off down the street to a day care home run by a neighbor. I encourage a favorable vo te . Thank you .

PRESIDING OFFICER : (SENATOR DUDYCZ) The question is # shall 'Senate Bill 248 pass . A l1 those in favor will vote Aye . Opposed W ill vote Nay . A nd the voting is open . Have a1l voted who wish? Have a1l voted Who wlsh? Have a11 voted who w ish? Take the reco rd . On that question , there are 45 Ayesy 10 Naysz l voting Present . And Senate Bill 248, having recelved the required constitutional majorityy is declared passed. The Cha ir will rem ind the Membership tha t so far at this point We have gone through tvelve bills cn 3rd Read ing . On today 's -- on today 's Calendar there ls a total of one hundred and eighty-slx bills . At th is rate , Ladies and Gentlemen , prepa re to stay here Thursday evenlng and a11 day Friday . Senato r Severns, for what purpose do you rise?

74  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997 Thank you , Mr . President : fo r the Warning , and rise on a point of personal privilege .

PRESIDING OFFICER : (SENATOR DUDYCZ) State your po int.

- - I 'm honored today to have w ith us in the gallery friends from the Shelby County Farm Bureau : Who I Want to assure that eventually we Will get to the issue -- more important issues like educational fundlng and property tax relief . I would like the Senate to join me in welcoming my friends from Shelby County to the Illinois Senate today .

PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized? Welcome to Sp ringfield . Senator Collins, what purpose do you rlse?

Point of personal p rivilege .

PRESIDING OFFICER: (SENATOR DUDYCZ) State your polnt .

Thank you , Mr. President and Members the Senate . Given that I have not had an oppc rtunity to have any bills hea rd this year dealing wi.th welfa re reform and get*ing people off of Welfare, the bill that we just passed a few minutes ago is most certainly a bill that will impact upon our ability to move people from welfare to work, because there -- there 's no enough day ca re homes or day care centers to accommodate the needs of the population who are -- have dependent children and who will need and have to go to work . 0ne thing , though , think, why we haven 't done anything constructive and probably won 't do is because there 's such misnomer of info rmation . Now, anyone Who really think that there is a surplus of day care resources out there is sadly, sadly pistaken . So if you lre go ing to pass some  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 some laws , know the facts, research the issuesr before you bring forth some legislation to pass .

PRESIDING OFFICER : (SENATOR DUDYCZ) Thank you , Senator Collins .

. . . just want to pass it for political reason, do so, but try not to deceive the people .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senate Bill 255. Senator Rea . Senator Rea . At this rate we 'll be he re Saturday , too . Madam Secretary , read the b ill.

Senate Bill 255. (Secretary reads title of bill) 3rd Reading of the blll .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Rea .

Thank you , M r. President, Members o f the Senate . Senate Bill 255 requires the publication of an ordinance to issue bonds . It requires a petition to submit a bond ordinance to referendum to be stgned by five percent o r more of the d istrict voters who voted in the last general electlon . know of no opposition and Would ask for your favorable ...

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? not, the quesEion is , shall Senate Bill 255 pass. A11 those in favor will vote Aye . Opposed Wlll vo te Nay . And the voting is open . Have all voted who w ish? Have a1l voted Who Wish? Have a11 voted who wish? Take the record . On that question, there are 56 Ayes , no Nays , none voting Present. And Sena te Bill 255, having received the required constitutional majority, is declared passed. Senate Bill 256. Senatcr Rea . Senato r Rea . Madam Secretary, read the bill .  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leglslative Day March l8 , 1997

Senate Bill -- Senate Bill 256. (Secretary reads title of bill) 3rd Readlng of the bill .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senato r Rea .

Thank you , M r. President. Senate Bill 256 amends the River Conservancy Districts (sic) (Act). It requires the bond entered into by each of the river conservancy district trustees to be held in a bank or trust company qualified to do business Illinois and located within the district. It also deletes the provision allowing a number of trustees smaller than a quorum to adjourn from day to day . I wculd ask for a favo rable vote .

PRESIDING OFFICER: (SENATOR DUDVCZ) Is there any discussion? Senato r Link .

Mr. President, just on the prevlous bill, Senate Bill 255. tried to push ny button to push a Yes vote and it wasn 't recorded .

PRESIDING OPFICER: (SENATOR DUDYCZ) The record -- the record will so reflect .

Thank you .

PRESIDING OFFICER : (SENATOR DUDYCZ) Any discussion? If not, the question shall Senate Bill 256 pass . A ll those in favor w ill vote Aye . Opposed W ill vote Nay . And the voting is open . Have all voted who wish? Have a11 voted who w lsh? Have al1 voted who Wish? Take the record . On that question, there are 56 Ayes, no Nays , none voting Present . A nd Senate Bill 256, having received the required constitutional majority, is declared passed. Senate Bill 265. Senator Demuzio. Sena tor Demuzio . Madam Secretary , read the bill .  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8# 1997

Senate B ill 265. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r Demuzio .

Thank you very much , M r. -- M r. President and Ladies and Gentlemen of the Senate . Thls ls simply a vehicle bill for the -- for the blind and there 's been some discussion as to bureau or a -- o r a commission , and we 'd like to send over to the House and keep working on

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question shall Senate Bill 265 pass . All those in favor w ill vote Aye . Opposed will vote Nay . The voting is open . Have all voted who wish? Have all voted who wish? Have al1 voted who Wish? Take the record . On that question , there are 55 Ayes: no Nays, none voting Present . And Senate Bill 265, hav ing received the required constitutional majority, is declared passed. Senate Bill 287. Senator Luechtefeld . Sena te B ill 299. Senator Rauschenberger . Senate Bill 304. Senator Sieben . Senate Bill 317 . Senator Syverson. Madam Secretary , read the bill.

Senate Bill (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.

Thank you , M r. President . Senate Bill 317 , for a11 p ractical purposes, is a vehicle bill that we 're using on the -- fo r the 78  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1997 welfare reform projects that's still in negotlations, and I would ask for a favorable roll call .

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

Thank you , Mr . President and Ladies and Gentlemen of the Senate. would just talk to this side of the aisle over here. want to discourage you , this -- the Members of our side in vcting Yes on Senate Bills 317 , 319 and 321, because these bills will be used for unknown issues concerning the implementation of federal welfare refo rm . We had these bills our comm ittee and they were totally like vehicle bills . There was no meaning , and we didn 't know wha t we were votin: for, sc we a1l vo ted No on this . And so I -- until we find out what they lre go ing to do with these bills , request and I suggest to the people on this side of the aisle to just vote -- or, Present or -- until we find out what it is. Because I think this is golng to be a vehicle for this new p rogram tha t 's coming up in July r and we don 't know anything about it . And until we are better informed, I thlnk we should just vote Present ...

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

Questkon of the sponsor.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponso r indicates he will yield . Senator Collins.

Senator, you -- you 've mentioned several times that there were negotiations going on in terms of -- of the content of -- of this welfa re reform package . I 'm on the task force: and I want to know why have I not been included , or ls it -- there are only two Democrats on that task fc rce , and it 's my understandin: there 's 79  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 only one m inority with the vote . When do we get a chance to see what you 're nego tiating?

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Syverson .

What we are wa iting fo r is the initial language that the Governor 's Office ls -- is going to put fo rward . Because we don 't have that language yet, we don 't have really a sta rting ground for the negotiations fo r TANP, Which we know has to be put into place . That's why we need to keep this legislation alive . We dll work on it with the House Members y the Governor 's Office , to come up w ith language that we can agree with , that we know We have to implement by the July 1st date .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Collins .

My question is : Will the task force have an opportunity to review this language prior to it coming to being in the form of leg islation... PRESIDING OFFICER i (SENATOR DUDYCZ) Senator...

. . . before the leg islato rs get it? Or, you know , are the task fo rce members excluded and t'he process is going on now the negotlation? They dre included in the negotiations?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.

I 'm not sure What task force We dre talking about. Maybe you can enlighten me on what task force you 're talking about?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Collins . 80  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1997

It 's the Human Service Consolidation Task Force , Which th is legislatlon has -- federal legislation has a p rofound impact upon our ability to ensure that the new consolidation , Department of Human Services, can carry aut the mandate of welfare reform . That 's what it 's a11 about.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any fu rther discussion? Senator Sm ith , for a second time .

Please, I'm sorry. I -- I Wanted to just say to Senator Syverson : understand that there 's legislation supposed to be coming over from the House about the bill -- these (3)l7r (3)19 and (3)21 that has not been revealed to us. We don't know what we are voting for. That 's why I 'm requesting that until We find out something concreter that we just vote Present. I don't...

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Syverson , to close .

Senator Smith , I -- I agree With your concerns , and I don 't have that lànguage as well. That legislation will come back to this Body . The Public Hea1th Comm ittee will have an opportunity to have hearings on this, have an opportunlty to have input in what is going to happen with th is leqislation . There is still p lenty of time , and certainly it'll be an open process from now until when that bill comes back. And I would just ask for a favorable roll call .

PRESIDING OFFICER : (SENATOR DUDYCZ) The question is, shall Senate Bill 3l7 pass . A 11 those in favor will vote Aye . Opposed will vote Nay . And the vo ting is open . Have a1l voted Who wish? Have a1l voted who wish? Have a11 voted who w ish? Take the record . On that question , there are 32 Ayes , .2 Nays and 23 voting Present . And Senate Bill 317,  STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997 having received the required constitutional majority, is declared passed. Senate Bi11 319. Senator Philip . Madam Secretary, read the bill .

Senate Bill 319 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DUDYCZ) Sena eo r Philip .

Thank you , Mr . President, Ladies and Gentlemen of the Senate . Senate Bill 319 amends the Depa rtment of Human Se rvice Act establishing a Task Force on Human Service Consolldation effectlve immediately . Quite frankly, we're not sure what the administration or the Department has in m ind . It is a shell b ill . Like to get it out of here r and if they come back tc us and make a recommendation , perhaps du ring this Sessiong We will probably try to do someth ing ...

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any d iscussion? If no t, the question is , shall Senate Bill 3l9 pass. All those in favor will vote Aye . Opposed w ill vote Nay . And the vctin: is open. Have a1l voted Who W ish? Have al1 voted Who W ish? Have all vcted who wish? Take the record . On that questlonr there are 45 Ayes , no Nays y 10 voting Present . And Senate Bill having recelved the required constitutional majorlty, is -- is declared passed. Senator Philip .

Thank you , Mr. President, Ladies and Gentlemen of the Senate . I would like to re-refer to Rules Committee Senate Bill 1008 , Senate B11l 1013, Senate Bill 1014, Senate Bill 1015 .

PRESIDING OFFICER: (SENATOR DUDXCZ) 82  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997 Hearing no objection, leave is granted. On the top of page 9, on the O rder of Senate Bills 3rd Reading , is Senate Bill 320 . Senator Rauschenberger. Madam Secretary , read the blll .

Senate Bill 320 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

Thank you , M r. President and Ladies and Gentlemen of the Senate . little over a year ago when we set up our Medlcaid triage line, we required that telephones for that triage line be answered by nurses, specifically including licensed practical nurses . Over the last year or so there have been some p rablems with implementing that: and it 's noW kind of the -- the asso rted wisdom that we ought to llm it the nurses who can answer the triage line to registered nurses. I'd appreciate a favorable roll call .

PRESIDING OFFICER : (SENATOR DUDYCZ) Ts there any d iscussion? If notw the question isr shall Senate B ill 320 pass . A11 those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have a1l voted Who W ish? Have all voted who wish? Have a11 vcted who W ish? Take the reco rd . On that question , there are 57 Ayes, no Nays, none vo ting Present . And Senate Bill 320, having received the required constitutlonal majority, is declared passed. Senate Bill 321. Senator Rauschenbe rger. Madam Secretary , read the b111 .

Senate Bill (Secretary reads title of bill) 3rd Reading of the bill . PRESTDTNG OFFICER ) (SENATOR DUDYCZ) 83  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 Senator Rauschenberger.

Thank you , M r. President . Senate Bill 321 Would require the General Assemblyy by joint resolutionr to approve any contracts entered into between the Department of Public Aid and a managed care company . I 'd appreciate a favorable roll call. This inserts this into the process and also , perhapsy give us -- gives us a bill that we might need later through the budgetary process .

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

Thank you: Mr . Cha irman and Ladies and Gentlemen . Again , I am sincere about this . It was in conmittee . It was a partisan roll call. And I am saying , until We know somethin: definite . don 't think we should be treated as children. I think that we should just vote Present with this leglslation until we know where we are going . I don 't think it 's fair fo r the new the neW program that 's coming out this year in July , for the State of Illinois -- the people cannot come into these Chambers , but we are here . And if we don't speak for them , nobody else will speak for them . So say , until we know, let 's vote Present.

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 32l pass . A l1 those in favor, vote Aye . Opposed w ll1 vote Nay . And the voting is open . Have a1l voted Who wish? Have all voted Who Wish? Have all voted who wish? Take the record . On that question, there are 31 Ayes : 5 Nays and 21 Present. And Senate Bill 321, havlng received the required constitutional majority, is declared passed. Senate Bill Senato r Parker. Senate Bill Senato r Mahar. Madam Secreta ry , read the bill .

Senate Bil1 347 . 84  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March l8, 1997 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Mahar .

Thank you, Mr . President . Senate Bill 347 amends the Illino is Chemical Safety Act to allow facilities to incorporate the Illinois Chemical Safety Act Chemical Safety Contingency Plan requirements withln a single , functional document integrating multlple contingency plans . The integrated , one-plan app roach is detalled Within the national response team 's integrated contingency plan 's guidance document . This comes to us -- this is requested by the U .S . EPA and cores to us from the Illinois State Chamber. know of no opposltion.

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? Senato r Jacobs .

Yes . Thank you , Mr. President and Ladies and Gentlemen cf the Senate. Just real quick . As we indicated , and we voted for in committee r that we don 't have any problem with reducing paperwork , but we do want to make sure it -- that this does not reduce requlations . It 's my understanding that there is some ongoing negotiations w ith this bill that 's going to be cleared up along the line .

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 347 pass . A ll those in favor Will vote Aye . Opposed will vote Nay . And the voting is open . Have all voted whc w ish? Have a11 voted who wish? Have al1 voted who w ish? Take the record . On that question , there are 56 Ayes , no Nays r none voting Present. And Senate Bill 347 , having received the required constltutional majority, ls declared passed . Senate Bill 351. Senato r Carroll. Senate -- Senate Bill 85  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislatlve Day March 18r 1997 356. Senator Parker. Sena te Bill 358 . Senator O 'Malley . Senate Bill 366 . Senato r Parker. Senate B ill 372 . Senate Bill 373 . Senator Rauschenberger. Senate Bill 374. Senator Lauzen . Senate Bill 382 . Senator Hawkinson . Madam Secretary , read the bill .

Senate Bill 3k2. (Secretary reads tltle of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson .

This is a shell bill. deals vlth the subjece of P-eickets. We are currently having negotia tions by all a ffected parties , but they tre not go ing to have language ready thts week . Nothing 's going to move finally unless everybody 's on board . A1l the pa rties are moving, and I Would hope to move this over to the House to continue the negotiaticns .

PRESIDING OFFICER: (SENATOR DUDYCZ) Ts the re any discussion? If no t, the question is, shall Senate Bill 382 pass . A ll those in favor will vote Aye . Opposed will vote Nay . The voting is open . Have a11 voted Who W ish? Have a11 vo ted who Wish? Have al1 voted who w ish? Take the record . On tha t question, there are 55 Ayes, no Nays, none voting Present. And Senate Bill 382: having received the required constitutional majority, declared passed. Senate Bill 404. Senator Smith . Senator Sm ith . Sena te Bill 408 . Senator Cullerton . Madam Secretary r read the bill.

Senate Bill 408 . (Secretary reads title of bill) 3rd Read in: of the blll.

PRESIDING OFFICER: (SENATOR DUDYCZ) 86  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legisla tive Day March 18 , 1997 Senator Cullerton.

Thank you , Mr . Presldenty Membe rs of the Senate . We have a 1aw in Illinois that -- it's called the Entry on Adjoining Land to Accomplish Repairs Actr and it allows someone to go onto another person 's property for the lim ited purposes of repairing their own property and it's limited to single-fam lly residences. It 's kind of like an easement based on necessity . And appa rently it was an oversight , but it does not apply to condominiums , and wha t this bill does is to extend it so that it does apply to condom iniums . This would be a situation whe re you had to onto -- into the -- ancther unit w lthin your building in order to make a repair on your own building , on your own unit. Agaln , it was approved by the Chicago Ba r Association , and I think that if Representatlve Levin was here , he would even support it . So I would ask fo r an Aye vote .

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

reluctantly rise opposition to this bill. think that - - I think as explained it's -- the idea is good. My problem with it is that it would no t only allow the -- the condominiums to do this that look like single-fam ily residences, but would allow a thirty-story high rise that happens to be condominiums to go onto an adjoining land for this purpose. And I'm not asking anybody else to vote No , but I th ink if it makes it to the House , we ought to cla rify that we dre going to allow condominiums to do this which are in the nature of sinqle-famlly homes and not those that are in the nature of large apartment buildings or commercial buildings which do not have thls privilege under current law .

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? If no t, Senator Culle rton , to close . 87  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day Ma rch 18, 1997

Yes . The way envision this actually wo rking is in a condom inium , when you go on someone else 's land , you 're not really go ing on the ground; you dre go ing to go into some else 's unit. Say you want to put an outlet in your -- on a wall that 's a common wall with an adjoining condominium and you need to get into the other person 's unit to get -- to put that -- that outlet in . This would give you an opportunity , if you had to get to the point where your neighbo r was refusing entry , you could go to court and you could gain entryr just like you eould if you were trying to put some siding up on the side of your house and you have to put the ladder on your -- on your neighborfs prcperty . That 's What it 's about . So it dcesn't make any difference to me whether it 's a thirty-story or a hundred -- I have a hundred-story condom inium in my -- in my d lstrict . -- -- it should be treated the same way as -- as single-fam ily residenees are and that 's why I advanced the bill, and I ask for an Aye vote .

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is r shall Senate Bill 408 pass . A ll those in favor will vote Aye . Opposed Will vote Nay . And the vo ting is open. H4ve a1l voted who wish? Have al1 voted who wish? Have all vo ted who wish? Take the record . On tha t question, there a re 45 Ayes , 9 Nays, voting Present. And Sena te Bill 408 , having received the required constitutional majority, is declared passed. Senate Bl11 418 . Senator Cullerton. Sena tor Cullerton . Is tha t a yes or a no? Madam Secretary , read the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senate Bill 418 . (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r Cullerton. 88  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1997

Thank you , Mr . President , Members of the Senate . Th is would perm it the Department of Human Services , as the successor to the Department of Mental Hea1th , to install closed circuit televisions in qulet rooms. The Department supports this . A qulet room is a room used in certain facillties as a tempo rary area for patients who a re causing problems for other patients or who are acting out. This actually is no t only supported by the Depa rtment, but I think it would work both ways where if there fs ever any allegatlons that someone was mistreated , there 'd be evldence of the fact that they weren 't because this thls could be monitored through a television -- closed circuit television . So I Would again ask fo r an Aye vo te .

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussian? If not, the question is , shall Senate Bill 4l8 pass . Al1 those in favo r will vote Aye . Oppcsed Will vote Nay. The voting is open . Have al1 voted who wlsh? Have al1 voted who wish? Have all vo ted who wish? Take the reco rd . On that questiony there are 57 Ayes, no Nays, none vo ting Present . And Senate Bi11 418, having recelved the required constitutional majority, is declared passed. Senate Bill 423. Senator Fitzgerald . Senate Bill 428 . Senator Sieben . Top of page 10 of your regular Calenda r, in the Order of Senate Bills 3rd Reading , is Senate Bill 431. Senator Hawkinson . Senate Bill 435 . Senato r Butler. Senate Bill 436 . Senato r Butler. Senate Bill 437 . Senato r Butler. Madam Secretary , read the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senate Bill (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler. 89  STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997

Thank you very much, M r. President . Lad ies and Gentlemen . Senate Bill 437 is 'an effort on the part of munlcipalities to lmprove the caliber of thelr police and fire personnel . It is -- it first authorizes that they may impose higher education requisites on applicants fo r police -- pollce position . It also allows the Board cf Fire and Police Commissioners to , by rule - by rule require police applicants to have obtalned an assoclate 's or bachelor 's degree prior to employment. I emphasize ''by rule'' they can do that . It also changes the preference points in -- for employment municipal fire and pollce departments . It -- it gives preference to persons who have associate 's degree in 1aw enforcementr criminal justice, the fire service, et cetera, et cetera , or a bachelo r's degree from an accredited college . There are a number of other requisites , but the basic thrust of this is to perm it municipalities to increase their -- their hiring standards so as to improve the caliber of their officers. I would welcome any questions .

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any dlscussion? not, the questlon shall Senate Bill 437 pass . A11 those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have a11 voted who w ish? Have all voted who wish? Have al1 voted who wish? Take the record . On that question , there are 56 Ayes, Nay and none voting Present. And Senate Bill 437, having received the required constltutional majority, is declared passed. Senate Bill 454. Sena tor Halvorson . beg your pa rdon . 454 . Senator Fawell. Senate Bill 444 was recalled earlier for an amendment so we can 't deal with that one today , Senator . Senator -- Senate Bill 454. Senator Fawell . Madam Secretary, read the bill .

Senate Bill 454 . 90  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18: 1997 (Secretary reads title of bill) 3rd Read ing of the bill.

PRESIDING OFEICER: (SENATOR DUDYCZ) Senator Fawell.

Thank you very nuch . We have a task force that is bipartisan and right now they 're working on the -- the weight code concerning wheel and ax le loads. And their work is not quite finlshed . What 454 is is the shell bill to put in the final report, and I would appreciate your Aye vc te so we can continue this work.

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not , the question is, shall Senate Bill 454 pass . A1l those in favo r will vote Aye . Opposed W ill vote Nay . And the voting is open. Have a11 voted who Wish? Have all voted who wish? Have al1 voted who wish? Take the record . On that question, there are 55 Ayes , no Nays r none voting Present . And Senate Bill 454, havlng received the required constitutional majority, is declared passed. Senate Bill 457. Senator Parker. Senate Bill 460 . Senato r Cullerton. Madam Secretary, kead the bill.

Senate Bill 460 . (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Culle rton .

Thank you, Mr. President. Very simple bill. It just says thaE the Supreme Court ''shall'' establish a divislon probation services. Right now it 's permissive . We want to make sure that a11 of the - - the rules and the regulations and the sala ries that are spelled out in the Statute remain the same , and that 's the purpose of the 91  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18: 1997 bill . Ask for an Aye vote .

PRESIDING OFFICER: (SENATOR DUDYCZ) there any discussion? not , the question shall Senate Bill 460 pass . A11 those in favor will vote Aye . Opposed w ill vote Nay . A nd the voting is open . Have al1 voted who w ish? Have al1 vo ted who wish? Have all voted who Wish? Take the record . On that question, there are 50 Ayes, 2 Nays , 1 voting Present . And Senate Bill 460, having recelved the required constitutional majority, is declared passed. Senate Bill 467. Senato r Burzynski . Senate B ill 469 . Senator Klemm . Senator Klemm . Senate Bill 475. Sena tor Radogno . Madam Secretary , read the bill. ACT ING SECRETAR? HAWKER : Sena te Bill 475. (Secretary reads title of bill) 3rd Read ing of the bill .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Radogno .

Thahk you, Mr. President. This bill amends the Pollution Control Act with respect to local siting of pollution control facilities, whlch are things like incine rators, transfer stations , those sort of things. The bill , as it 's been amended , requires that a host agreement, whether it's written or oral , that 's been entered into prior to the local siting decision shall be disclosed and made part of the public p roceeding . This is simply an attempt to let the publlc have access to a1l the information tha t may be relevant to the siting decision . doesn 't apply to negotiations; it only applies to the decision . As amended , passed unanimously out of committee , so I 'd ask for your favorable vote .

PRESIDING OFFICER: (SENATOR DUDYCZ) 92  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leglslative Day March 18 , 1997 Is there any discussion? If not, the questlon is, shall Senate Bi11 475 pass. A 11 those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have a1l voted who wish? Have a11 voted who wish? Have a1l voted Who Wish? Take the record . On that question , there are 56 Ayes , no Nays r none voting voting Present. And Sena te Bill 475, having received the required constitutional majority# is declared passed. Senate Bill Senator Fawell. Senator Fawell. Senate Bill 483. Senator Walsh . Senate Bill 490. Senator Madigan . Senate Bill 507 . Senator Shadid . 509 . Senator Shadid . Senate Bill 522. Senator Watson . On top of page 1lr in the Order of Senate Bills 3rd Reading , is Senate Bill 524. Senator Watscn . Madam Secretary , read the bill .

Senate B ill 524 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Watson .

Yes, thank you, Mr . President. A s most of you know , the coal industry throughout this State has suffered greatly over the last decade and most recently as a result of the Clean A ir Act . High-sulfur coal is -- is on the decline, and we're trying to create a situation by which we can revitalize the coal industry th roughout the state . And this b1l1 was presented before the Revenue Comm ittee, and Senator Berman offered an amendment that we had accepted that changed the d irection of the legislation , but th ink still gives the incentives out there that Were necessary , hopefully , for lndividuals to come and reopen coal m ines and bring back the coal industry in this State . What we 've done here is allow '. for those elig ible under the requirements of the 93  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day Ma rch 18, 1997 leg islation to tap into the Bond Fund , the Illlnois Coal Resurgence Program under the Energy Conservation Development Act, which establishes the bond -- bonds for this. It just expands those that are eligible for And passed out unanimously on an attendance roll ca ll out of the Revenue Committee r Which is remarkable in itself , and it 's -- the United Mlne Workers support this, Illinois Coal Association and people in my distrlct, Which ultimately have been impacted by the closing of the A lvers Coal M ine .

PRESIDING OFFICER : (SENATOR DUDYCZ) there any discussion? not... Senator Berman . No . The question shall Senate Bill 524 pass . A ll those favor will vo te Aye . Opposed will vote Nay . And the voting is open . Have all voted Who w ish? Have a11 voted Who wish? Have a11 voted Who w ish? Take the record . On that question, there are 57 Ayes, no Nays, none voting Present. And Sena te Bill 524, having received the required constitutional majority, is declared passed. Senate Bill 529. Senator Cronin. Madan Secretary r read the bill .

Senate Bill 529. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r Cronin .

Thank you, M r. President, Ladies and Gentlemen of the Senate . This is a shell bill. It just makes a minor technical change in the event that the Community College A ssociation Wants to do something . They asked me to advance thisy so ask for your consideration . I dcn 't have any specific plans whatsoever.

PRESIDING OFFICER : (SENATOR DUDYCZ) Is -- is ... Is there any discussion? If not , the question 94  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997 1s, shall Senate Bill 529 pass. A11 those in favo r Will vote Aye . Opposed w ill vote Nay. The voting is open . Have a11 voted who Wish? Have al1 voted who wish? Have a1l voted who wish? Take the record . On that question : there are 55 Ayes , no Nays r none voting Present . And Senate Bill 529, havlng recelved the required constitutional majority, is declared passed. Senate Bill 531. Senator Walsh . Madam Secretary , read the b ill. ACTING SECRETARY HAWKER : Senate Bill 531 . (Secretary reads title of bill) 3rd Readlng of the bill . PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh . SENATOR WALSH : Thank you , M r. President. Senate Bill 531 is identical to Senate Bill 1211 , which passed last year with a vote of 52 to nothing . It prohiblts a unit cf local gcvernment from enactin: or enforcing an ordinance or resolutlon that would have the effect cf controlling the amount of rent cha rged for leasing private ' p roperty , and I 'd be happy to answer any questions . PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 531 pass . A11 those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have all vo ted who wish? Have a11 voted who wish? Have a1l voted who w ish? Take the reco rd . On thaE question, there are 46 Ayes , 6 Nays, and 2 voting Present. And Senate Bill 531, having received the required constitutional majority, is declared passed. Senate Bill 545. Senator Karp iel . Madam Secretary, read the bill. ACTING SECRETARY HAWKER : Senate Bill 545 . (Secretary reads title of bill) 95 L .-- .  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r Karpiel .

Thank you, Mr. President . Committee Am endment No . 1 becomes the bill, and the original provisions of the bill are deleted . The Senate Bill 545 , as amended , creates the Measurement and Reporting Standards Task Force, and it more clearly defines the tern ''municipal waste'' and revises the methcd of determining the recycling rate under a county waste management plan . And I ask for your Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none , the question is , shall Senate Bill 545 pass . Those in favor will vote Aye . Opposed , Nay . And the voting is open . Have a11 voted who wish? Have al1 voted who wish? Have voted who wish? Take the record . In that question , there are 57 Ayes, no Nays , none voting Present . Senate Bill 545, having received the requlred constitutional majority, is declared passed. Senator Dillard , on Senate B ill 547 . Read the bill , Madam Secretary .

Senate Bill 547. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Bomke, for What purpose do you rise?

Thank you , Madam President. A point of perscnal privilege .

PRESIDING OFFICER : (SENATOR DONAHUE) Please state your point .

Like to reccgnize behind us ln the gallery , schoolkids fron 96  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March 18 , 1997 Rochester.

PRESIDING OFFICER: (SENATOR DONAHUE) Will you please rise and be recognized? Welcome to the Senate . We 're on Senate Bill 547. Senato r D illard .

Thank you# Madam President and Ladies and Gentlemen of the Senate . assume tha t's Rochester, Illino is , not Rochester , Neu Xo rk . That's a long trip . Senate Bill amends the Illinois Hcrse Raclng Act. It 's a bill that has p reviously passed out of here and was held in the House last year, and p rovides that any racetrack shall be exemp t from making cha ritable contributlons for its backstreteh workers required by the Act for years when there is no live raeing go ing on at that particular track . I'd be happy to answer any questions.

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

Yes . Would the sponsor yield?

PRESIDING OFFICER: (SENATOR DONAHUE) Ind icates he 'll yleld , Senator Cullerton .

Senator, I 'm trying to get a copy of the bill up here . Does the -- as I understand thls, the the current law requires a seven-hundred-and-fifty-thousand-dolla r contrlbution that is collected annually to charity to p rovide assistance to people who live and wo rk in the backstretches of Illinois ' racetracks. And apparently you dre -- you 're not chang ing -- I guess my question to you is, are you changlng that amount of money tha t has to be collected and donated to charity?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard .

97  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 , 1997 You are right, Senator Cullerton . Seven hundred and fifty thousand dolla rs is the amount that goes into that fund . Let me - - and the Illino is Economic and Fiscal Conm ission said this , and think it answers your question : Senate Bill 547 would not change the total amount contributed to the racing industry charitable foundation but, ra ther, the amounts of those who continue to make contributions Would have to make . So I guess in theory , everybody else would have eo pay a litele more to make up for the estimated thirty thousand dollars that Quad City Downs Would no longer pay .

PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Senatcr Cullerton .

Soy Quad City Downs is owned by Arlington, and so this bill saves Arlingeon thirey thousand dollars, even though they continue to have off-track betting operations that make money , so that the other racetrack owners have to make up the difference . So ... PRESIDING OFFICER: (SENATOR DONAHUE) Senator... SENATOR CULLERTON : I gu/ss ny question to you is: Are the cther racetrack owners in favor of p icking up this thirty-thousand-dollar tab for the owners of Arlington Inte rnational? PRESIDING OFFICER: (SENATOR DONAHUE) Senako r Dillard . SENATOR DILLARD : Senator Cullerton , A rling ton International would also , theory, have to pay more to pick up the p ro rata share cf the thirty thousand that the Quad City Downs would no longer make. don 't know where the other racetrack owners - don 't regularly converse With racetrack owners in this State are on this particular b111. But in fairness -- I mean, if you just look at 98  STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 , 1997 the -- look at the reason fo r the billy lf you 're not racing at a particular racetrack, think it 's unfair to make shadow contrlbutlons when you don 't even have any backstretch employees . You should not have to make back -- or backstretch charitable contributions if you 're not racing at a pa rticular track. And I would urge you to notice I have a great cosponso r on this , Senator Cullerton , as well.

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

Thank your Mr. (sic) President, Ladies and Gentlemen of the Senate. Would the sponso r yield for a questlon?

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

Senator, on the off-track betting , does that count as a contribution whenever this tax is to be figured?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard .

don 't know , Senato r Jaccbs.

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

Just appreciate a favorable roll call .

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bill 547 pass . Those in favor Will vote Aye . Opposed , Nay . And the vo ting is open . Have a11 voted who wish? Have a1l voted who Wish? Have a1l voted Who w ish? Take the record . On that question , there a re 51 Ayes , Nays, none voting Present. House (sic) Bill 547: having received 99  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 r 1997 the required constitutional majority, is declared passed. Senator Cronin , on Senate Bill 557. Out of the record . Senator Peterson , on -- out -- Senate Bill 558 . Out of the reco rd . Senator O 'Malley r on Senate Bill 560 . Read the bill, Madam Secretary .

Senate Bill 560 . (Secretary reads title of btl1) 3rd Reading of the bill .

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

Thank you , Madam President , Members of the Senate . Senate Bill 560, as amended r requires the State Board cf Education , after they have adopted goals , to forward those goals to the General Assembly for consideration and ratification . Be happy to answer any questions there may be.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seein: none , the question is , shall Senate Bill 560 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have a11 voted who wish? Have all voted Who wish? Have al1 voted Who Wish? Take the record . On that question , there a re 51 Ayes , 6 Nays , none voting Present. Senate Bill 560, hav ing received the required constitutional majority, is declared passed . Senator Watson , on Senate Bill 568 . Out of the record . Senator Karp iel, on Senate Bill 570 . 0ut of the record . Senatc r Obama : on Senate Bill -- oh, recalled . Sorry, sir. Senato r Fa rley, on Senate Bill 580 . Read the bill , Madam Secretary .

Senate Bill 580. (Secretary reads tltle of bill) 3rd Reading of the b ill. l00  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Farley . END OF TAPE TAPE 3

Thank you , Madam Presidenty Ladies and Gentlemen of the Senate . Senate Bill 580 is a -- a bill that was broughe to us by the Department asking for some technical changes, some clean-up language and , in add ition, the permission for someone who is a spouse or a person to be able to purchase a -- a ltcense fo r another ind ividual . What we 're talking about here is if there is somebody coming in to hunt from California , fo r instance : I would be able to or you would be able to purchase that license for that person and he would be ab le to hunt . It 's an accommodaticn that they feel is a needed accommodation, and I would ask for a favorable roll call. PRESIDING OFFICER) (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is , shall Senate Bill 580 pass . Those in favor Will vote Aye. Opposed, Hay. The voting is open. Have al1 voted who w ish? Have all voted who w ish? Have al1 voted who wish? Take the record . On that questlon , there are 57 Ayes , no Nays, none voting Present. Senate Bill 580 , havin: received the ' required constitutional majortty, is declared passed. Senator Peterson r on Senate B ill 593. Out o f the record . Senator Butler, on Senate Bill 594. Read the bill, Madam Secretary .

l0l I  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 Senate Bill 594 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler.

Thank you very much . Lad ies and Gentlemen y Senate Bi11 594 answers a problem that has arisen once in a while through an interpretakion of when an employee of a company is -- has a conflict of interest if they are, in some form , a trustee or an alderman or someone connected With a municipality . This bill was brought to my attention because one cf the trustees in one of the citles in my district was told by the legal counsel of the of the community tha t should she vote on the purchase of a automobile of -- by GM -- o r built by GM # she would have a Class 4 felony because of a conflict of interest. Unfortunately , the only problem -- the only connection this person had W ith the company was through a mutual fund where she held a very, very , very , very , very minor interest . So this -- this bill attempts to cla rify that a member of a governing body may have a one percent ownershlp in a -- ln an entity -- in a community -- I 'm sorry , a company , rather, providlng materlals or servlces to the -- to .the governing body if the member publicly discloses the interest befo re or during deliberations of the contract . It also goes into several other instances . But in essence wha t it does is the -- it clarifies a matter that someone owning a few shares of stock in a huge corporation does not indeed have a conflict of interest, if that oWnership is less than one percent of the of the company and the person declares 1'11 be happy to answer any questions .

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Radcgno . 102  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislatlve Day March l8, 1997

I have a question .

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

Would this also apply to special uses and zoning variations when a village official had to vote on those sorts of things?

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Butler.

I believe r yes , it would .

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further d iscussion? Seeing none , the questlon is, shall Senate Bill 594 pass . Those ln favc r W ill vote Aye . Opposed , Nay . The voting is open . Have al1 voted who Wish? Have al1 voted who wish? Take the record . On that question , there are 56 Ayes , no Nays, none voting Present. Senate Bill 594 , having received the required constitutional majority, is declared passed . Senator Cullerton , on Senate B ill 600 . Read the bill , M r. Secretary .

Senate B ill 600 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

Thank you , Madam President, Members of the Senate . Thls bill, at the request of the comm ittee z was made into a shell bill . deals with a very controversial topic Which was featured in yesterday 's -- front page of yesterday 's Tribune . The bill, when it was originally introduced y would give adoptees access to al1 103  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 r 1997 their adoption reco rds and court documents at age eighteen , regardless of whether the birth parents want to be found . There was a similar piece of legislation dealing with the same subject matter, I think, that Senato r Cronin sponsored , that dealt with an adoptee to gain access to thelr adoptlon files by appealing to a court and having a court-appointed intermediary facilltate the opening of the files . It is a very emotional issue . It 's something which is very controversial. We -- we have established a p rocedure where the proponents of the bill, who a re representing the Illino is Coa lltion for T ruth in Adoption , are negotiating With representatives of the Chicago Bar Association , which had opposition to it, and we a re -- believe we are making some progress . There 's a sim ilar House bill which is advanc ing . So I would ask that we continue the process by passing this bill, and obviously when we -- if there is an agreement, we 'll come back , go to committee and present to you and see we can make easier with an agreed bill for adoptees to gain access to their -- their past. I'd be happy to answer any questions and urge an Aye vote .

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

I have a question of the sponsor.

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

Senator Cullerton, you said that the adopt adop tive children are negotiating with the Chicago Bar Association . Wha t about adcptive parents? What riçhts do they have here?

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Cullerton.

104  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 Right . That 's a good po int . The adoptive parents are the people who who tend to be the ones tha t a re very concerned about the passage of such a blll . And it turns out that the -- mentioned the Bar A ssociation , because the Bar Association has rep resentatives who have studied this issue who have -- also have concerns about the bill , but my -- my attitude is any anybody who has indicated an opposition to the bill is part of the process and negotiating with And I can tell you that Sena tor -- Rep resentative Feigenholtz, who is herself an adoptee , advancing thls bill and has been ençaged in in conversations with with anyone who has indicated an oppcsition to the bill, as well .

PRESIDING OFFICER: (SENATOR DONAHUE) Further Senator Welch .

Well, who 's representing the mothe rs who decided to give up these children for adoption? Who 's representing thelr interests?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton .

Well, I don't know if there's an association of people who have fo rmed to take up that position, but certainly if you personally believed that way , then you would vote No on any such bill that would be presented , if -- if there -- if you have opposition to it. So I don 't know how else to answer it. I don 't know of any coalition of adoptive parents who have formed to say they 're opposed to the bill. It 's a shell bill now . can assure you that, and that it would -- it would only be likely to be presented there 's some type of an ag reement among the people who have expressed an interest . It 's a widely publicized bill. There was a front-page article in the -- yesterday 's T ribune , and I Would' like to encourage anybody who has any input in the bill to l05  STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March l8, 1997 come forward and T 'd be happy eo include them . We don 'e have an agreement yet . I cculd try to advance the bill as origlnally drafted, but I chose not to do that because want to try to get an agreement . So that 's why we made into a shell bill . I 'm trying to buy some time in the process by advanclng the legislatlon.

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Welch.

Well, usually when you have an agreed bill , lt 's because a1l the parties are at the table . What you 've go t here is one party . Mothers who give their children up fo r adoption who don 't want to be known, in many instances, they want to remain anonymous . How the hell are they go ing to be sitting at this table negotiating this? And how about the parents who have adcpted kids? What about thase of us who don 't want our kids going out there finding and looking a round thinking that their parenfs their birth parents who gave them up - somehow offered this better life for them and they th ink they 're going to find it . Sure , you 've got one story in the front-page of the Chicago Tribune about an adoptive child , who is age twenty-eight, Where Worked out. That 's fine . How many hundreds, in comparlson to that y are there Where they don 't work out? So why should this go fo rward and eome up with an agreement when you don 't have a1l of the parties there and you can 't have all the parties there? What this bill is going to do , lf you do come up with it , it 's going to reduce the number of adoptions because the the anonymity given to a mother who gives up the ch ild is going to be gone. So th ink you should vo ee No .

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

Will the sponsor yield fo r a question? 106  STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March l8 y 1997

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he '11 yield , Sena tor Geo-Karis .

Senato r, I had suggested an amendment on the bill that the adoptees not be perm itted to go into the records until they are at least twenty-two years of age . Is that amendment on the bill?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator -- or, Senator Cullerton.

Yesy Senato r, agree with that . We did adopt that amendment initially to make it twenty-two before you could get these records, but then at the request of the comm ittee , we made the who le bill a shell bill to advance But I -- that -- that is -- tha t provision that you have suggested undoubtedly -- if there is an agreement, will undoubtedly be what the age will be raised to , from eighteen .

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

Madam President and Ladies and Gentlemen of the Senate , I 've had more letters and more calls and more visits on this subject, and When you lcok at completely , I think wo rthwhile putting the bill out and let 's see what we can do to make it a very feasible bill. And can share the concerns o f the prior speaker about the parents . Maybe the parents don 't want to be known . But th lnk we 've come to an age now that if -- the amendment sticks on the bill or when it's drafted together, allowing the the adop tees to check into their records after they 're twenty-twc years of age , they dre mature enough to do it by tha t age, and I think th is bill should got out and give it a chance to be worked on so that we can come out with something feasible . . 1.support the passage of this bill. 107  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March l8, 1997

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

kind of rise reluctantly in oppcsition to the b ill and share scme of the concerns that Senator Welch expressed moments ago . understand thls is a shell bill r but because the nature cf this issue is so emotlonal and because thls bill in orlginal form was -- was so emotionally -- so -- stlrred up so much emotion and it was so vlgorously opposed , and due to the nature of the issue of the difficulty in getting all the parties to the table , I 'm not sure I want to advance any further the process . wish we had a -- the ag reement now . I wanted to pass it out of committee so that hopefully something would have happened between the committee passage stage and 3rd Reading , but nothin: has happened . So , with due respect to my colleague, know he wants to try to do the right th ing on this bill, but due to the nature of the issue and the process itself , urge the -- my colleagues to vote No .

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

Thank you , Madam Presldent. Wl1l the -- will the sponsor yield?

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

I also -- I understand that this is a shell bill , but I -- guess don 't understand the necessity for this other than possibly some type of medical problems that somebody m ight be having and they might want to flnd out if there 's been a history of this type of problem . But is there some other need for this other than that? l08  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch 18, 1997

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton .

Yes . Senator, there 's -- there 's two ends of the spectrum in the bellef here . If you 're -- if you 're an adopted child and you 're thirty-eight years old , you may have a desire to to meet your birth parent, and you may have difficulty in -- in arranging them . And there 's some people in that category that want to have the records at a certa in age -- when you 're at a certatn age an adult have records available so that you can reunite with your birth pa rent. There obviously is the cpposite point of view , as expressed by Senator Welch in debate . You -- you give up your child with the assurances that there 'll be - will be anonymous , that the reco rds will never be sealed -- w ill be sealed and -- and never know . So , the b ill: as introduced y took one of those positions . admitted that a very controversial bill ; there 's an alternative method to obtain these reco rds; that Senator Cronln had a bill to do that. That bill did not advance. So what we lve done is made it into a shell bill so that we can at least slt down and talk . There 's a meeting scheduled next Monday and Tuesday with the Bar A ssociation who r think, speaks fo r those people who are concerned about making these -- these records public and what about the position of the adoptive parentsr and that 's why I think it should advance . We lre obviously not go ing to sneak some bill in and -- and pass some amendment that nobody knows about. This is just meant to advance the process so we can. at least see if we can reach an agreement .

PRESIDING OFPICER: (SENATOR DONAHUE) Further discussion? Senator Walsh .

understand that youdre not going to sneak anything. just - - I -- truly Wonde red the necessity . And for the person that -- l09  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islatlve Day March l8 r 1997 that might be wondering , I mean r their parent did give them up z or their mother, or mother and fathe r collectively decided that they - - they wanted to give the child up for adoption , and I don 't -- you know , I don 't know tha t -- that they should necessarily be revealed if they don 't. And can understand Senator Welch 's argument that this m ight limit the number of adoptions . And and and if there's going to be a limited number of adoptions, and maybe it 's a bit of a stretch , but I 'm afraid it 's going to increase the number of abortions . So I 'm afra id of the implicaeions that this m ighe have down the road .

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

I would ask for an Aye vote on the shell bill.

PRESIDING 'OFFICER : (SENATOR DONAHUE) The question is : shall Senate Bill -- or , Senate Bill 600 pass . Those in favor, vote Aye . Opposed : Nay . A nd the voting is open . Have all vc eed who w ish? Have all voted vho wish? Have a ll voted who W ish? Take the record . On that question , there are 34 Ayes, 17 Naysz l voting Present . Senate Bill 600, having received the required constitutional majority, is declared passed. Senator Molaro y for what purpose do you rise?

Thank you , Madam President. Th is is a point of personal privilege .

PRESIDING OFFICER: (SENATOR DONAHUE) Please state your po int.

If can have the Members ' attentions for a second . I know we a1l heard of people like Michael Jordan y Scottie Pippen in basketball . Frank Thomas in baseball. We 've hea rd of people like 110  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 # 1997 Richard Petty , A . J . Foyt and Mario A ndretti in car rac ing . With us today , for those of you who follow the spo rt , the Worldwide sport of harness racing , we have two of the stars, not only in Illino is , but of national prom inence , w 1th us today in the gallery . The two star drivers that I 'm speaklng of are Anthony Morgan and Dave Magee, from the State of Illino is . If you can also rise.

PRESIDING OFFICER: (SENATOR DONAHUE) Hey ! Please rise and be recognized . Welcome to Springfield . Senator Molaro .

Also with them - I don 't Want to fo rget - is Gerry Hanson , one of the tra iners from the State of Illinols . They 're down here lobbying. If you don't recall, Anthony Morgan just set a record for the most wins of anybody the nation - think it Was about eight hundred o r so - and he has that distinction. And of course , M r. McGee is one of the top drivers in the country . So , thank you .

PRESIDING OFFICER: (SENATOR DONAHUE) Welcome eo Springfield. On the bottom of page is Senàte Bill 605 . Senator Madigan . Out of the reco rd . Senator Madigan, on Senate Bi11 608 . Out of the record . Senator Burzynski, on Senate Bill 610 . Out of the record . Senator Demuzio , do you wish to return to 2nd Read ing Senate Bill 626 for the purposes of an amendment? Senator Demuzlo seeks leave of the Body to return to the Order of 2nd Reading , fo r purposes of an amendment. Hearin: no objection, leave is granted. And on the Order of 2nd Reading is Senate Bill 626. M r. Secretary , a re there any Floor amendments approved for consideration?

Amendment No . offered by Senator Demuzio .

PRESIDING OFFICER: (SENATOR DONAHUE) 11l  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislatlve Day March l8, 1997 Senator Denuzio , on Amendment No . 1. SENATOR DEMUZIO : Thank you e Madam President. This simply changes the effecttve date from 7/1/97 to 7/1/98. I would move its adoptlon. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any diseusslon? Seeing noney all those in favor, say Aye. Opposed , Nay. The Ayes have it y and the amendment is adopted . A re there any further amendments approved for consideration? SECRETARY HARRY : No further amendments reported , Madam President. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Claybo rne , on Senate Bill 645. 0ut of the record . Senato r Lauzeny on Senate Bill 658 . 0ut of the record . Senator Madigan, on Senate Bi11 659 . Out of the record . Senato r Maitland , on Senate Bil1 665. Out of the record . Senato r Maitlandr on Sena te Bill 666. Out of the record . Senato r Mad igan, on Senate Bill 667. Out of the record . Senator Dilla rd , on Senate Bill 675. Out of the record . Senato r O 'Malley r on Senate Bill 678. Out of the record. Sénator O 'Malley, 679, 680. Out of the record . Senator Walsh , on Senate Bill 682. Out of the record . Senator Butler, Senate Bill 691. Out of the reco rd . Senator Rauschenberger. Out of the record . I Will caution you guys . We 're on our last bit . We better ca ll them . Senate Bill 700 . Senator O 'Malley . Out of the record . Senator Cronin . Read the bill, Mr. Secretary . SECRETARY HARRY : Senate Bill 707 . (Secretary reads title of bill) 3rd Reading of the blll. PRESIDING OPFICER : (SENATOR DONAHUE) Senator Cronin . 1l2 I k 1  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch l8 , 1997

Thank you , Madam President, Ladies and Gentlemen of the Senate . This is a bill that had a p retty thorough hearing in comm ittee . It 's kind of complicated . We have members from the construction industry com ing forwa rd and seeking some changes in the way that IDOT and CDB lets contracts, not only the the process of letting the contracts, but the actual content of the contract themselves . I believe that this bill distributes the rlsk mo re equitably . It gives a1l contractors an even , fair chance, rather than just the case where think may be happening where certaln favored few contlnually get business and others who don 't comply do not . I ask for your favorable vote , and be happy to answer any questions .

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Sena tor Ga rcia .

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

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yieldy Senator Garcia .

Senator C ronim , I voted for this blll ln comm lttee ; however, I'm looklng at my current analysis , and I 'n wondering , if you would , why it has so many entlties opposing the bill , including the Capital Development Board , the Department of Transpo rtatlon , the City of Chicago , the CTA , the Chicago Buildlng Comm ission , the Illino is Municipal League and Township O fficials?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronln .

Well, would -- I would suggest that it 's -- it 's because - - it changes a procedure that 's been very easy and acceptable and ll3  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18y 1997 cne that they lre very much akin and accustomed to . So I think it offers some changes . A 1ot of people don 't like change . And think that -- haven 't been able to discern any specific objecticn to any specific part of the bill that causes any speciflc onerous duty . And that Was What I think We deduced in comm ittee .

PRESIDING OFFICER: (SENATOR DONAHUE) Sena tor Garcia .

To the bill : Again , I couldn 't find anything very obviously wrong with but I hope that the House Will debate this and analyze it a little bit more . And , good luck .

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

. . . you -- thank you , Madam Presidentr Ladies and Gentlemen of the Senate. stand in support of this legislation. I just want to make one thlng cleary though, Senator, that it 's my understanding that some of the problems tha t DOT had -- you have tried to negotlate with khem in good faith, and it's ny understanding they have just turned their back and said no and tha t's it. So I think that there comes a time , Whenever they quit negotiations, you 've go t to continue on .

PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Further discussion? The questlon is, shall Senate Bill 707 pass . Those in favor Will vote Aye . Opposed r Nay . And the voting is open . Have al1 voted who wish? Have all voted who w ish? Have voted Who wish? Take the record . On that question , there are 56 Ayesy no Nays r none voting Present. Senate Bill 707, having received the requlred constitutional majority, is declared passed. Senator Fitzgerald, on Senate Bill 709 . Out of the record . Senator Fitzgerald , on 1l4  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 # 1997 Sena te 10 Senate B ill 710. Out of the record . Senator Karpiel, on Senate Bill 712. Senator Ka rpiel, on Senate B ill 712. Out of the record . Senator Cronin, on Senate Bill 720 . Read the bill , M r. Secretary .

Senate Bill 720. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin .

Thank you , Madam President , Ladies and Gentlemen of the Senate . This , aga in , is another vehicle . Got a 1ot of vehicles out there. We 're ready to work an the school fundinç issue , as we continue to negotiate with al1 the various pa rties . Thls bill doesn 't do anything of any consequence . I ask for your favorable consideration .

PRESIDING OFFICER: (SENATOR DONAHUE) Let 's keep our voices down a little bit . We gre getting a little rowdy again. Is there any discussion? Is there any discussion? Seeing none , the question is, shall Senate Bill 720 pass . Those in favor wëlt vote Aye . Opposed , Nay . And the voting is open . Have a1l vo ted who wish? Have all voted whc w lsh? Have all voted who Wish? Take the record . On that question, there a re 56 Ayes, no Nays , none voting Present. Senate Bill 720, havinq received the required constitutional majority, is declared passed. Senator Karpiel , on Sena te Bill 723 . Out of the record . Senator Fawell r on Senate Bill 730 . Out of the record . Senator Fitzgerald , on Senate Bill 737 . Out of the record . Senator F itzgerald , on Senate Bill 740 . Out of the record . Senate Bill Out of the record . Senator Carroll r on Senate Bill 777 . Out of 6the record . Senator Karpiel , on Senate Bill 778. Out of  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leglslative Day March 1997 the record . Senato r Fawell, on Senate Pill 798 . Read the bill v Mr . Secretary .

Senate Bill 798 . (Secretary reads title of bill) 3rd Readinq of the bill .

PRESIDING OFFICER: (SENATOR DONAHUE ) Senator Pawell . SENATOR FAWELL ) Thank you very much . This is a b ill that was requested by the Illinois Depa rtment of Transportation, and a11 it does is it allcws the Departmenk to ins*all signs beside rural Seate highways to alert motorists to tourist-oriented businesses .' It 's to help the -- the rural eommunities in thetr in their antique businesses and thelr farmstands and khat have you . Be glad to answer any questions; otherwise , I solicit an Aye vote .

PRESIDING OFFICER : (SENATOR DONAHUE) Is there any diseussion? Is there any discussion? Seeing none , the question shall Senate B ill 798 pass. Those ln favo r will vote Aye . Opposed , Nay . And the voting ls open . Have all voted who kish? Have al1 voted Who Wish? Have a1l voted Who wish? Take the record . On that question r there are 56 Ayes, no Nays , none voting Present. Senate Bill 798 , having received the required constitutional majorlty, is declared passed. Senator Mahar, on Sena te Bill 814. Read the b illz M r. Secretary .

Senate Bill 814 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar. SENATOR MAHAR : ll6  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 r 1997 Thank you , Madam President...

PRESIDING OFFICER: (SENATOR DONAHUE) Excuse me # Senator Mahar. Senator Hawkinson , for what purpose do you rise?

Point of inquiry , Madam President.

PRESIDING OFPICER: (SENATOR DONAHUE) State your point .

As I note the computers along these rowsz they appear to all be frozen and we dre not getting the analyses .

PRESIDING OFFICER: (SENATOR DONAHUE) Okay ...

Some of them say ''need more memory z'' but for the last bill and this one, we don 't -- there 's no way to tell what we dre voting on .

PRESIDING OFFICER: (SENATOR DONAHUE) Okay . Okay . Hold on, Senator Hawkinson.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar.

Are we ready, Mr. President, to proceed?

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Mahar, I've been informed that the computer experts on the Floor are going around to your desks and unfreezing your computers .

Okay . Okay .

PRESIDING OFFICER: (SENATOR DUDXCZ) So the Members can follow the proceedinqs .

Thank you , Mr. President. In presenting Senate Bill 814, l17  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1997 unde r current law y thlrd parties may appeal permit decisions regarding RCRA permlts fo r ha zardous Waste disposal sites. This bill creates a similar third -- right of third parties to appeal a decision by the EPA to issue a national pollution discharge elimination system pe rmit. A thirty pa rty w ith a standlng may petition the Pollution Control Board for a hea ring to to contest the decision of the Agency . This comes to us as a requirement from the EPA . know of no opposition to this bill, and I would ask for your support.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discusslon? If not , the question shall Senate Bill 8l4 pass . those ln favor vote Aye . Opposed w ill vote Nay . And the voting is open . Have voted who wish? Have all voted who wish? Have al1 voted Who wish? Take the record . On that question , there are 57 Ayes, no Nays r none votin: Present . And Senate Bill 814: having received the required constitutional majority, is declared passed. At top of page 14 of your regular Calendar is Senate -- is the Order of Senate B ills 3rd Reading . Senate Bill 819. Senator Mahar. Mr. Secretary , read the bill .

Senate Bill 819 . (Secretary reads title of b111) 3rd Read ing of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar.

Thank you , M r. President. Senate Bill 819 does ...

PRESIDING OFFICER: (SENATOR DUDYCZ) beg your pardon, Senator Mahar . Will the Members please take your conferences off the Floor? Senato r Mahar.

l18  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1997 Thank you , Mr . President . Senate Bill 819 does several things . It is -- lt ls an EPA bill . It requires payment of the initial fee fo r an air pollution operating perm it w ith in thirty days of permit issuance. Tt ex tends the practice of issuing lifetime State air pollution operating pe rmlts to all sources that are not subject to the Clean Air Act permit program and that are not required to obtain a federally enfo rcible State operating perm it. It inco rporates Tltle IV of the Clean Air Act . And current 1aw p rovides that beginning of the fisca l year '96 , Clean Air Act permit fees be refunded in proportion to original fee payments to the extent that permit fees collected and deposited in the Clean Air Act Permit Fund exceed a hundred and fifteen percent of actual expenditures . 1 '11 be happy tc try and answer any questlons.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 819 pass . Al1 those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have a1l voted Who W ish? Have a11 voted who w ish? Have al1 vcted who wish? Take the reco rd . On that question , there are 53 Ayes r l Nay: none voting Present. And Senate Bill 819, having received the required constitutional majorityr is declared passed. Senate Bill 827. Senator Radogno . Senate B ill 844. Senator Cullerton . Mr . Secretaryy read the bill.

Senate Bill 844. (Secretary reads tltle of bill) 3rd Reading of the blll .

PRESTDING OFFICER : (SENATOR DUDYCZ) Senator Cullerton .

Thank you, Mr. President, Members of the Senate . This is 119  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1997 hopefully the last of a long series of bills dealing wlth the Condom inium Act. This would allow fo r the boa rd of a master association or a community association to have the same power to levy and collect fines from members fo r vlolations of -- of the bylaws as a reqular condominium association . A master assoc iatlon ls a -- is an overa rching body that governs a group of ne ighboring condom lniumsr kind of like if you 're familiar up in Chicago With the Sandburg V illage - that type of association . So you 've go t a number of different condominium buildinqs . The master associa tion is the one that would have the common areas, that m ight parks o r other facilities shared by al1 the different condominium assoclations. This just gives them -- that master association the same power as already exists in the individual associations . It 's not controversial. Supported by Ellis Levin . I 'd appreciate an Aye vote .

PRESIDING OFFICER: (SENATOR DUbYCZ) Is there any discussion? If notr the question is, shall Senate Bill 844 pass . A 1l those in favor w111 vote Aye . Opposed will vote Nay . And the votlng is open. Have a1l voted who w ish? Have all voted who w ish? Have a1l voted who wish? Take the record . On that questiony there are 55 Ayes , no Nays , none voting Present. And Senate Bill 844, hav in: received the required constitutional majority, is declared passed. Senate Bill 857. Senator Burzynski . M r. Secretary r read the bill .

Senate Bill 857 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Burzynski.

Thank you , M r. President and Ladies and Gentlemen of the 120  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March 1997 Sena te . This is an açency bill. I think everything is agreed to . There might be one aspect that does have to have some dlscussion later, but certa inly lt 's in final form .

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not , the question is , shall Senate Bill 857 pass . Al1 those -- those in favor will vote Aye . Opposed will vote Nay . The voting is open . Have a11 voted who wish? Have a11 voted who wish? Have a1l voted who w ish? Take the record . On that questlon, there are 55 Ayes, 1 Nay, none vcting Present. And Senate Bill 857 , havinç received the requ ired constitutional majority, is declared passed. Senate Bill 862. Senator Fitzgerald . Senate Bill 866 . Senato r Weaver. 867. The bottom of page l4 , on the Order of Senate Bills 3rd Reading , Senate Bill 902. Senator Burzynski. Top of page l5, Senate Bills on the O rder of 3rd Reading , Senate Bill 910 . Senator Luechtefeld . Senate Bill 921 . Senator Shadid . Senate Bil1 927. Senator Rauschenberger. Senate Bill 929 . Senator Rauschenberger . Senate Bill 930 . Senator Rauschenberger . Senate Bill 934 . Senator Klemm . Senate Bill 937 . Senator Watson . I beg your pardon . Senate éill 939. Senator Watson. Senator Watson. Senate Bill 942 . Senator Dillard . M r. Secretary , read the bill.

Senate Bill 942. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r Dillard .

Thank you r M r. President, Ladies and Gentlemen of the Senate . Senate Bill 942 comes from a former Member of this Body , noW the Chief Justice of the Suprene (sicl Court, Roger Sommer, and it is an omnibus clean-up bill dealing primarily with technicallties of  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March 18r 1997 the Cou rt of Claims and their p rocedures . It updates the Act a little b it. I don 't want to bore everyone with the provisions . believe it -- came out of the committee Jud iciary unanlmously . It m ight have been on the Agreed B11l List . I 'd be happy to answer any questions .

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any dlscussion? nct , the question is , shall Senate Bill 942 pass . A 1l those ln favo r will vote Aye . Opposed Will vote Nay . The voting is open . Have all voted Who Wish? Have al1 voted who wtsh? Have al1 voted who w ish? Take the record . On that question , there area 56 Ayes, no Nays, none votlng Present. And Senate Bill 942 , having received the required constitutional majority, is declared passed. Senate Bill 953. Senator Geo-Karls. Senate Bill 959 . Senator Klemm . Senator Burzynski, what purpose do you rise?

Thank ycu , M r. President . A point of personal privilege .

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point .

As many of our Members in the Chamber have no ticed , one of our Members has some beautiful flowers on he r desk today . understand that Senator Parker and her husband Keith are celeb rating thirty-one yea rs o f married bliss . Keith sa id thirty-one out of forty wasn 't bad . But anyway , there 's -- there 's cake down he re in the fron: as well to help them celeb rate th is occasion.

PRESIDING OFFICER: (SENATOR DUDYCZ) Cong ratulation r Senato r Parker and M r. Kathy Parker. On the Order cf Sena te Bills 3rd Reading , Senate Bill 939. Sena tor Klemm . Senate Bill 996 . Senatcr Cullerton . Senate Bill 999. Senato r Watson. Senator Watson . Senate Bill 1000. Senator Philip . Mr . Secreta ry , read the bill . 122  STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch 18, 1997

Sena te Bill 1000. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Ph klkp .

Thank you , M r. President and Ladies and Gentlemen of the Senate . Senate Bill 1000 changes the Illino is primary date to the second Tuesday ln September. In 1998 the primary would be on September 8th. In presidential election years, the selection of natlonal convention delegates and alternate delegates and candidates in the presidential prima ry shall be nominated at a presidential p reference primary . This bill would -- would leave the da te to remain the same : the thlrd Tuesday in Ma rch . In every even-numbered year , the primary for congressional, State and local officers shall be held on the second Tuesday September . That would be make the campaign fo r general election about eight Weeks. That 's long overdue . As you know , when Senator Rock was the President of the Senate and I was the Minority Leader, we had the similar bill. We passed out of here. cert:inly would shorten campaigns , and if you want to do somethlng about campaign reform , shorten the time between the p rima ry and the general election . We couldn 't spend as much money and , in my judgment, would be a step the right direction. Happy to answer any questions . Like to see a lot of green lights up there .

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discusslon? Senator Link .

Yes . M r. President, will the sponsor yield?

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indtcates he will yield . Senator Link. 123  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch 18 : 1997

Senator Philip , my one question is on this -- and I agree w ith you . -- proposed a bill to do a June primary, and I agree w ith you wholeheartedly , we have to shorten the cycle. But my one question is : Have we discussed this w ith the loca l county clerks , the local election authorities? Is this the best process of a September primary r or do *e want -- are you stuck on September, or can we negotiate on a June or a July or some other date like that with the county clerks? I know they have a lot of concern about this being too short of a cycle for them .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Philip .

Senator Link, may I say this? My guess is , if We pass it out of there , it 'll get over in the House and we 'll end up in a conference comm lttee and the respective county clerks in my county r we have an election commission - will have their input . I have talked talked to the chairman of our election comm ission who , quite frankly , tends to favor thls llke I do .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator...

But 1 111 tell you ...

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip .

This certainly will probably not be the final version . My guess is that -- I 've spoken to the Speaker of the House . He kind of likes the idea . He wants to revlew it . We 'll probably get it over in -- in the House, get it in a conference committee and work out a reasonable compromise .

PRESIDING OFFICER : (SENATOR DUDYCZ) l24  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 25th Legislative Day March 18, 1997 Sena tor Link . SENATOR LINK : I think tha t was my q ueselon : Senator, is that we are looking for an assurance that we w ill Work together on possibly w ith the county clerks, ehe board o f elections and so forth to make sure we come up with the most desirable date to change this to . PRESIDING OFFICER: (SENATOR DUDZCZ) Any further discussion? Senator Berman . SENATOR BERMAN : Thank your M r. President . W ill the sponso r yield? PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor lndicates he w tll yield . Senato r Berman SENATOR BERMAN : I 've been advised that the Jewish Federation has some concerns about the September date because of a possible conflict with the Jewish high holidays. Are you carrying on discussions to add ress that concern? PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Philip . SENATOR PHILIP : Yeah , I have received the same letter you have . We have been in -- We have been in discussions. We haven 't come to a conclusion . But as I say , it 's only going to go over to the House . We fll be -- get it in a conference conmittee, and hopefully we dll be able to work ou* their eoncerns . PRESIDING OFFICER : (SENATOR DUDYCZ) Further discussion? Senator Geo-Karis . SENATOR GEO-KARIS : Well, Mr. President and Ladies and Gentlemen cf the Senate, I certainly commend Senator Philip for p roducing this bill because I can tell you , the biggest compla int I have in my district is al1 - the rhetoric that goes on for six solid months from the p rima ry of 125 l i i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 # 1997 April -- or March a11 the way to November. I think th is is a step in the right direction . And the money -- a lot of the money could be saved to put to better purposes than just campaign purposes. PRESIDING OFFICER : (SENATOR DUDYCZ) Any further discussion? Senator -- Senato r Ph ilip , to close . SENATOR PH ILIP : Thank you, Mr. President and Ladies and Gentlemen of the Senate. You know , a lot of us have been trying to do this for a long time . I think this last election , With the very low voter turnout: that people were kind of turned-off on campaigns , long campaigns and all the money that we have wasted reelecting people . So I think this is a step in the right direction and I hope we 'd see a lot of green votes up there. PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1000 pass. Al1 those in favor will vote Aye. Opposed will vote Nay. And the votin: is open . Have a11 voted who w ish? Have all voted who wish? Have a11 voted who wish? Take the record . On that question , there are 51 Ayes, 6 Nays, none voting Present. And Senate Bill 1000, having received the required constitutional majority, is declared passed. Senate Bill 1001. Senator Rauschenberger . Senate Bi11 1005. Senator Maitland . Senator Maitland . Senate Bill 1007 . Senator Karp iel. On top of page 16 in the O rder of Senate Bills 3rd Reading, Senate Bill 1010. Senator Maitland. Senate Bill 1011. Senator Maitland . Senate Bill 1012 . Senator Weaver. Senator Weaver. Senate Bill 1016. Senator Philip . Mr . Secretary , read the bill. SECRETARY NAQRY : Senate Bill 1016 . (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER : (SENATOR DUDYCZ) l26 I  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March 18 , 1997 Senator Philip .

Thank you , M r. President and Ladies and Gentlemen of the Senate . Simply is a vehicle for the General Assembly . I 'n not sure what we 're going to end up doing . We may end up doin: nothing with it .

PRESIDING OFFICER : (SENATOR DUDYCZ) The question isr shall -- any diseussion? If notr the questlon is , shall Senate Bil1 1016 pass . A1l those favor w ill vote Aye . Opposed Wi11 vo te Nay . The voting is open. Have all voted who wish? Have a11 voted who wish? Have all vo ted who wish? Take the record . On that question , there are 53 Ayes' no Nays , voting Present. And Senate Bill 1016, having received the required constitutional majority, is declared passed. Senate Bill 1017 . Senator Phillp . Senate Bill 1018 . Sena tor Butler . Senate Bill 1019 . Senator Karpiel . Senate Bill 1031 . Senator Burzynski. Senate Bill 1039. Senator Klemm . M r. Secretary r read the bill .

Senate Bill 1039 . (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OPFICER : (SENATOR DUDYCZ) Senator Klemm .

Thank you , Mr . President. This amends the Illinois Consumer Fraud Act, and lt creates the Automotive Repair Act. This is the result of a task force that the Illinois Attorney General Auto Repa ir Task Force had com e up with, which was a11 *he interested parties , concerning consumer protection on automobile repair. There's requirements - and briefly just give some of them: W ritten estimates a re requtred , invoices are requ ired r signs are required givin: the consumer what their rights are . It prohibits l27  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March 18 r 1997 the defective -- or , deceptive practices . It 's got a list of several items that have been -- complaints that have been called to the A ttorney General through the years . It 's really an agreed bill . do have one other language to be put on over tn the House by the Retail Merchants. I ehink it's one word that they want. ''Knowingly y'' I th ink , is What the only correction we have . too late to add it to this billw but we 've been working together, and I'd like to move the b ill so they could add that in the House and then the bill will be in shape where there Will be no opposition whatsoever. So , I do ask fo r you r suppcrt on ...

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senato r Collins .

Question of the sponsor, please.

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

Senator, -- I see -- and this -- does it still remain? On my analysis it said it delete the proposed requirement for auto -- repair facllities to return replacement pa rts to the consumer. One of the reasons why that provision was puE into the existing 1aw at *he time , because there were so many unsc rupulous repair people out there and people who didn 't know very much about ca rs: they would pretend to be replacing parts and putting in new pa rts and a11 at the same time that they -- there as no verification that they were doing so . The returnlng of those pa rts and making them available there Would give the owner of the ca r an oppo rtuniey to take *he part aqd then maybe somebody else could say , '$We1l, there 's nothing wrong With it .'' They Would have an opportunity to -- to have a second opinion or even som eone , for example y in their fam ily may know a little more about, or a friend , whether or no t the part was defective in the first place . l28  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 So , why did you delete that provisionr or is it still ln this bill?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klenm .

Well , we removed a small portion of lt before . The Reta il Merchants had concerns about transactions of retail purchases , like saying I want running boards installed on my car . It 's not really a repair of the automobiles . So you go to the -- to the dealer, the installer, if you will, buy running boards, they put them on . This isn 't the same problem that we 're having w ith car repalrs for accidentsy fender benders and a1l that , where the cars are tied up for two or three days, people can 't get their vehlcle , they don 't know what to do , additional add-ons of repair - you need a new rad iator and you didn 't tell me about it - and the bill goes higher. These are the ccncerns we 're do ing , not the smaller ones that we talked about . It Was felt by the task force that those were not the problems that we 're trying to address , so that 's the reason we took that out.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senatcr Collins .

You took it out of this bill, but did you amend the -- the exlsting Statute that already existed? I 'm -- I 'm -- d id you tamper with the existing Statute?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r Klemm .

No , we d id not .

PRESIDING OFFICER : (SENATOR DUDYCZ) Any further discussion? If not , Senator Klemm , to close .

STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leglslative Day March 18 , 1997 Just a favorable vote . I think it 's an excellent bill for consumer protection, and we have a11 the p rovisions think We need, except for one change, and we'll do that in the House. And thank you for your help .

PRESIDING OFFTCER: (SENATOR DUDYCZ) The question is , shall Senate Bill 1039 pass . A 1l those ln favor vill vote Aye . Opposed will vo te Nay . And the voting is open . Have a11 voted whc k ish? Have a1l voted who w ish? Have a11 voted who wish? Take the record . On that question, there are 56 Ayes , no Nays, none voting Present. And Senate Bi1l 1039, having received the required eonstitutional majority, is declared passed . Senate B il1 1043. Senato r Geo-Ka ris. Senate B ill 1044. Senator Geo-Ka ris . Senate Bill 1045. Senator Geo-Karis . Sena te Bill 1059. Senator Parker. Senate Bill 1070. Senator Watson. Senator Watson . Senate Bll1 1076. Senator -- Sena tor Severns . Mr . Secretary , read the bill.

Senate Bill 1076 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Severns .

Thank you, Mr. President, Members of the Senate . This bill stems from an article that I 've had passed aut today an the Senate desks regarding prlvate mortgage insurance . T spoke briefly uith Chairman O 'Malley and have placed a call to his counterpart in the House to alert him that hopefully it will be coming over and that will still require wark because we 're dealing uith the different organizations, flnancial institutions involved . But the bill, in a nutshell, is this: Testimony ncW provides evidence to say that once the owner of a home reaches twenty percent equ ity 130  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch l8, 1997 their home, that p rivate mortgage insurance v in mcst instances , is no longer needed . What I 'm attempting to do through th is bill r similar to a D 'Amato bill that we 've learned has been introduced as well at the federa l levely is to alert on those annual statements indicating how much property taxes ycu 've paid and how much you have in escrow , and so on and so forth , any potential homeowner, only on their chlef resldence , that if and when they hit the twenty percent equity amount: that they may no longer be required to possess private mortgage insurance something that can cost an average homeowner anywhere from as low as twenty dollars a month to as hiqh as one hundred and fifty dolla rs a month . We are working with the various different financial institutions to make certain that the language is as burden-free , as possible, but I believe it 's a good idea . It 's an idea that stemmed from my reading th is artlcle, passed out on the desk of each Member, in the NeW York T imes a few Sundays ago . And it 's a bill that I think warrants our support. It will return to thls Chamber once language has been worked out to meet some of the concerns -- legitimate concerns that have been raised , but would hope that the Body Would pass it out w ith the unde rstanding that we w ill see an amendment probably on concurrence mo tion later.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill -- Senate Bill 1076 pass. All those in favor will vote Aye . Opposed w11l vote Nay . And the voting is open . Have all voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record . On that questlon, the re are 54 Ayes, no Nays and l voting Presenk. And Senate Bill 1076, having received the required constitutional majority, is declared passed. Senate Bill 1099. Senator Parker . The top of page 17, in the O rder of Senate Bills 3rd Reading , Senate Bill 1100 . Senator Cronin . Senator Cronin. Senate Bill 1101 . Senator Rauschenberger . 13l  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 Senate Bill 1103 . Sena tor Severns . Sena tor Severns. Read the bill, M r. Secretary .

Senate Bill 1103 . (Secretary reads title of bill) 3rd Reading of the b111 .

PRESIDING OFFTCER: (SENATOR DUDYCZ) Senato r Severns .

Thank you, M r. President, Members of the Senate . A bill simllar to this , only a little more stringent, offered by Senators Mahar and Rauschenberger has passed this Chamber on seve ral occasions before . We 've narrowed the language to make hopefully mqre palatable to those kho expressed concerns, namely the Illinois Farm Bureau . It's a bill that says fo r municipalities with a population of seventy-five thousand or more it would ban leaf burning . By restricting it to municipalities of seventy-five thousand or more r the oppositipn of the Farm Bureau was removed . It is a b ill that I th ink is necessary . I think medical evidence supports that children with asthmatlc conditions or adults with respirato ry conditions need to have language ltke this in place so that they can, like you and 1, go out on any given day and breath a 1r and not be restricted because of leaf burning . would hope that the Chamber, as it 's done ln the past, k ill pass this bill to the House, in its more restrictive version , so cities llke m inee in Decatur, could have this leg islation on the books . 1'11 be happy to ask any -- answe r any questions , and I would urge a favorable vote .

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

Thank you , Mr. President . This is actually on the previous 132  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 bill , 1076. I pressed Yes , but my button d idn 't come up .

PRESIDING OFFICER: (SENATOR DUDYCZ) Reco rd will so reflect your lntent.

Thank you very much .

PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Syverson .

Yes. Questicn for the sponsor.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she will yield . Senator Syverson .

Senatory you said tha t your city currently can 't do this . Is there -- doesn 't their city council have an opportunity to pass that regulation?

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Severns .

Thank you , Senato r. didn 't mean to suggest that they can 't do Tbey haven 't done it . I was on the clty councll starting in 1983 and been discussed and deba ted for fourteen years . Some members of the council are delighted that We fre trying to 'dc this leglslatively ; others , perhaps, would be less thrilled . What I 'm suggesting is the study and debate has taken cn long enough . There are many communities with far less population than seventy-five thousand who has demonstrated the initiative to do this . I think we should do it in my community , and that 's Why put forward the bill.

PRESIDING OFFICER : (SENATOR DUDYCZ) Senato r Syverson.

Has your city council, then, voted against putting a ban on?  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 , 1997 PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Severns . SENATOR SEVERNS : My city council has -- has debated thls issue and has voted for different versions of it over the last fourteen years. What we lre trying to do is suggest that communities of seventy-five thousand or more -- munlclpalities of seventy-flve thousand or more should be required to ban leaf burning .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.

So what we 're asking us to do is preempt home rule , and even though the city council has -- who were elected by the people, have chosen not to do it, you 're you 're asking us to say in these la rger populations that we 're gcing to force something on local governments who have -- their elected officials have chosen not to put this into place . So I thlnk this is a -- I think thls is something that the local communitles have a -- have a right to currently do , and it should be left up to them to make that decision.

PRESIDING OFFICER: (SENATOR DUDVCZ) Any further discussion? Senator Ma ltland .

Well, thank you very much, M r. President, Members of the Senate . Senato r Syverson really made, guess , my a rgument, and - - Sena tor Severns, I don 't refute any of the -- the medical informa Eion that you 've given to us this afternoon . I suspect there are some concerns and some obvtous reasons there , but 1, too, just question whether those of us in this Chamber, in our infinite wisdom, should pass judgment on the City of Decatur or any other city in this State as to what we ought to do . You indicated you sat on the city council . You were a council person  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 and -- and made those tough decisions, and it's obvious that they didn 't want to do it at that time. So for us, think, to pass our wisdom upon local municipalities is wrong. And I just Wondered : Does this exempt the State Mandates Act? Oh # preempts home rule . Okay . I 'm so rry . Right. Okay . Al1 rlght . I just belteve it's a -- it's a bad vote and believe that a city ccuncil cught to make that judgment themselves.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any furthe r discusston? Senator Collins .

Yes. Thank you , Mr . President and Members of the Senate . It's just really ironic that I'm hearing from the other side of the aisle that we should not p reemp t home rules and that we should give discretion and respect to local units of governments to pass laws that impacts upon their citizens there. I'm just appalled at hoW nany bills that have come through the Executive Committee this year, on that side of the aisle, doing exactly the same thing. So why is it so difflcult to understand that if in Senator Severns district there is a hazard to the health and safety of her ccnstituents and that she can'not . get any rellef at the local level, that it's -- a1l of a sudden is not our responsibility, wh ich I thought we tock an oath of office to protect the -- the health and welfare of our constituents to do that . th lnk she 's doing her job. ls something that needs to be done. Obviously they cannot find it within their wisdom to do so in her area . It is a health hazard . It 's cur responslbiliey , and we should all vote Aye .

PRESIDING OFFICER: (SENATOR DUDVCZ) Any fu rthe r discussion? Senator Trotter.

Thank you very much , Mr . President. Excuse ne . Just -- it is unfortunate. The -- Senator Collins just spoke very eloquently to l35 ! STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 - - to a real issue here . Unfortunately , too often in this Chamber, those -- we don 't get to hear from those lndividuals Who suffer the most . Those who suffer the most from asthma are usually children . They don 't have big-time lobbyists r they don 't have individuals who 's going to city councils to tell them what they want. What they have ls indivlduals like ourselvesy have the physicians who came to our comm ittee meetings to tell us, in fact r that this is a killer. We 're killing our children in more ways than one because we want some nostalgia of leaf burning during the fall. That is not necessary . What we need , at this point in time , is to bite that bullet, to do what those -- those legislative leaders should have been doing in their hometowns and actually do something for the child ren and do something really good for the future of this State , and that 's vote fo r this -- this particular bill and vote Aye . PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senato r Dillard . SENATOR DILLARD: Thank you -- thank you , Mr . P resident . Just a po int of inquiry. I'm a little confused here. Does this bill or does ii not preempt home rule , which would require a three-fifths vote of this Body? ' PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard , it 's the rulin: of the Chair that this bill does preempt home rule pursuant to Artlcle VIIe Section 641) of the Illinois Constitution. This is a concurrent exercise of powerz and this requires thirty -- th irty votes for passage . Any further discussion? Senator Hawkinson, what purpcse do you rise? SENATOR HAWKINSON : For purposes of appealing the ruling of the Cha ir on the vote requirement for the preemption of home rule . PRESIDING OFFICER: (SENATOR DUDYCZ) 136 I  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 That request is in order. Highly unusual. Senator Geo-Karls , state your point .

would like to get stralght in my nind . What exactly was your ruling? Was it thirty or thirty-six?

PRESIDING OFFICER : (SENATOR DUDYCZ) Thirty . The question isr shall the ruling of the Chair be sustalned . A11 those in favcr of sustaining *he ruling , vo te Aye . A1l those opposed to sustaining , vote Nay . And the voting is open. Have all voted who wish? Have al1 voted Who Wish? Have a11 voted who wish? Take the record . On that question , the Ayes a re 29y the Nays are 28 . Having failed to receive the necessary three-fifths negative votes, the appeal fails and the ruling of the Cha tr is sustained . Senator Weaver. Senator Severns , to close .

Thank you , Mr. Chairman in the wise ruling of the Cha ir -- M r. President. The Illinois Clean A ir Coalition r the American Lung Associaeion r the Tllinois Environmental Council, among others , have testified support of this. We've tried to narrow ii to make certain that only the largest of municipa lities are impacted . I think that it 's a good blll . I thought it was good ehen Senator Mahar had it, and when Senator Rauschenberger had it , and I think it's good even when I have it. And I hope that we can get enough votes to concur with the Presldent 's position on the p revious ruling . Thank you.

PRESIDING OFFICER : (SENATOR DUDYCZ) The question is , shall Senate Bill 1103 pass . A1l those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have a1l voted who Wish? Have all voted Who wish? Have a11 voted who w ish? Take the record . On that question , there a re 36 Ayes, 13 Nays, and 7 voting P resent. A nd Senate Bi11 1103, 137  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCR IPT 25th Legislative Day Ma rch l8, 1997 having received the required constitutional majority, is declared passed , Senate Bill 1108 . Senator Butler. M r. Secretary : read the bill.

Senate Bill 1108. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Butler.

Thank you very mueh , M r. Presldent . Ladies and Gentlemen, assume this is the first of many discussions on the whole matter of -- of reform of the way we finance campaigns . Senate 1108 proposes four changes in the present Election Code . Pirst : would require that each campaign contribution repo rt shall include the occupation and employer of contributo rs being disclosed . Current 1aw now requlres only the name the contributor, the address r the amount and the date of such contributions. Number two , the b ill lowers the threshold which triggers disclosure of campaign contributions from the current one hundred and flfty to one hund red dolla rs within any reporting pericd . Number th ree , eliminates the requirement that persons whc exam ine campaign finance reports shall complete an identification form . In cther words , these are the D-3 forms now used by the State Bcard of Elections . So this would also , and concurrently, elimlnate the automatic mailing of D-3s to candidates whose reports have been revlewed . And number four, increases the maximun civil penalties, from one thousand to five thousand , which the State Board of zlections may inpose cn political conmittees wh ich have been found to have violated the requirements of campaiqn finance disclosure law . I would welcome any questions.

PRESIDING OFFICER: (SENATOR DUDYCZ) l38  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 Is there any discussion? Senator Jacobs .

Thank you r M r. President, Ladies and Gentlemen of the Senate . Let me just make a couple observations here. I voted for thls bill to get it out of committee, 'cause I assume that we 're probably going to need some vehicles to get some issues out there that really deal with campaign reform . Keep in mind , what we 're doing here, folks, is that if you get a five-hundred-dollar check and you don't file that within two days, you're going to be subject to a five-thousand-dollar civil penalty for the failure to report that . That 's a lot of money . Also , there is nothing in this blll which talks about money from contractors and people such as MSI that have been involved -- many things which has been discussed many times in the media, unfortunately not by this Bcdy . So I think that even though I Wanted to 1et this bill get to the Eloor so we could do some debating on and -- and maybe use it as a vehicle, I think its current form , I would have to vote No . Incidenta lly , I think, also , we should put something in these bills to where if you do accept money or campaign contrlbutions from those companies ' cr those contractors who turn out to be crooks and , by many people 's own volition , liars , that those campaign funds should not in this case be refunded because they go to a -- a firm that has been designated as a crook , but be given to charity . So I th ink there 's a 1ot of things that we could do with this bill, but I would ask the sponsor to pull it out of the record and work on it to where we can get some situation that really is meaningful .

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further d iscussion? Senato r Klemm .

W ill the sponso r yield , p lease?

PRESIDING OFFICER: (SENATOR DUDYCZ) l39  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8 , 1997 Sponsor indicates he w ill yield . Senator Klemm .

Senator Butlery just a couple questicns. If -- if somebody Were to receive a contribution check and they -- I guess they have two days to repo rt this , do you put down the name of the grcup and then just put down the person who signed the check as being an employee? Because how would you know and how wculd you have two days to go back and get that info rmation? Or then do you return the check and then ask them for that then ask them to send *he check back again?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.

I believe the latter case would be the p roper way of handling that.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm .

So . if you get a check and you don 't know What that title of that person is and if they're an employee of a certain coépany -- because sometimes we get checks from PAC groups , and I'm trying to flgure cut who uculd be tha t person 's employer which I 'd have to repo rt. I have no problem with What you 're trying to do . I 'm trying to think of the mechanics , because if the mechanics won 't wo rk r We bre going to get violations . If we get violations , We make people not report it and We're back to where we are before of not doing anyth ing decent or , you kncw , right about So I'm trying to find out how Would We do that. How...

PRESIDING OFFICER: (SENATOR DUDXCZ) Senato r Butler.

. . . do I find out who ls the employer and -- and What their job l40  STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 isr when I only have two days and I just got it in the mail?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r Butler.

Well, I I think you 'd handle it the same way you do now . You Would -- you would ask the information as requested .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r Klemm .

Just one last question . Then we -- then you lre suggesting we return the check, because sometimes my mail getting back to that person takes three or four days , to ask them what your company is . Then you then it 'd be best if we return the check with tha t letter until they cculd identify it and then resubmit it to you . Wculd that be a safe way of doing it somehow?

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Butler .

You know , that 's -- the devil is always the details . think that 's a legitimate question, and I -- as this moves overy Would Work on that specifically . Incidentally r I would respond to the question before about the fines . There ls no baslc change in the current way that complaints are handled . First o f all , the State Board of Elections has to ho ld a closed hearing to determine Whether or not the claim is justified. Then they have to give reasonable notice , so there 's an opportunity to testify . A nd then if the Board decides that the -- that the complaint is justified, they must hold a public hearing . And then if they do , at that point, decide that a violation has occurred , -- it shall issue an order, as it does now . Only -- cnly if the person fails to file a subsequent report following that Board order may the civll penalty be imposed . So the procedure is in effect right now .  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 r 1997

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

Yesr thank you. Question of the sponsor.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield . Senatc r Collins .

Senator Butler , did -- were you aware of the fact that Senator Klemm had a a task force, a resolution fo r a task force to study campaign financing reform and to report -- there 's an amendment to change the reporting date to November? And would you be willing -- I mean , granted you 've heard some questions that you tend to agree that that need to be resolved with your b ill, would you agree to maybe hold your bill and be -- become a part of that task force or -- or -- or participate that task force? Because you are co rrect . I agree, and I th ink most af us agree , that there need tc be some real meaningful campaign reform , because every time we refo rm the campalgn dlsclosu re laws , we really don dt do anything except: you kncw , giving the public some impression that we are when we 're not . In reality , this will not work . If -- if someone send you a contribution and they have a date on it of today , you may not even see it. Often r especially the PACS, they wll1 have a check cut for a fund-raiser for you and you don 't even receive until a month after the date on check . So how do you monitor that klnd of thing? We have to be very careful about What you do so that whatever campaign d isclosure laws and reform that we come up With , that they can be enforced . This is a typical example of what we already have on the books, and I think we can, you just walt and participate $7 into -- in that task force , sit down , come together and come out with some real meaningful reform , along w ith whatever is coming through the House , because understand that there is some effort  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 r 1997 on the part of the Speaker, also : for real campaign reform th is year. So, we shouldn't just pass a bill just to be passing it.

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

Question of the sponsor.

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

Senato r Butler, your -- your penalty for not filing within two days is quintupling the -- the amount from a thousand to five thousand dollars , which seems pretty extreme . Could you tell me how -- how many incidents , how many violations there were in the last election of someone not filing a repo rt of a five-hundred-dolla r contribution withln two days? Do you have a - - do you have a number as to how many times that happens?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.

No, unfortunately, I don dt.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch .

Is this b ill fron the Boa rd of Elections? Is this thelr idea of What to do?

PRESIDING OFFICER : (SENATOR DUDXCZ) Senator Butler.

There are pa rts of this that the the State Board has suggested .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r Welch .  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8r 1997

It just seems to me that, you kncw, anyone of us falls into this two-day trap , like Senator Collins said y Where the check comes in and it's dated two days before . You try to file as soon as you can, and you get -- you dcn't get it there on time, at least acco rding to the date on the check . It seems I don 't see why We 're do ing this . If it 's a five-hundred-dollar check , and there 's already a thousand-dollar penalty , seems to me a thousand dollars is probably suffic ient, or what we should do is say it's double the amount of the dcnation that 's nct reported . Maybe that would make more sense .

PRESIDING OFFICER: (SENATOR DUDYCZ) Is that a question? Senato r Butler.

That 's a question . Let me make it clea r: We 're not changing anything the p resent clrcumstances , other than the -- increasing to five thousand . So if you had trouble a t a thousand , you 're going to have five times as much trouble, guess, a t five thousand .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch .

Does that ...

Welly that -- but that doesn 't make -- that doesn 't make a 1ot of sense to me . I mean : so What? A thousand bucks is a 1ot to pay out from your campaign committee , but five thousand dollars seems to be extraord inary lf you only got a five-hund red-dollar check . You know , and a 1ot of this is handled by our campa ign treasurers. just think that this two-day requirement really not a good one, and especially naking the penalty five thousand dollars makes it even -- even Wo rse . think this l44  STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 is emphasizing the w rong portion of election reform r myself .

PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Walsh .

Thank you . Will the sponsor y ield?

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

Senator Butler, I was just wondering what the need is to put the -- we 're -- we 're go ing to lower the -- the amount for the the reportlng , but then we 're going to also add for every hundred-dollar check that you receive , that you have to pu* the occupation. And I'm just curious as to why that would be -- you feel that that will be better or the the necessity for that .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler .

Part of the p roblem with w ith campaign contributions is that -- the link deposits; that is, who gave what on behalf of whom . And this is an effort to -- to give as much disclosure as we possibly can -- can get. It 's -- it 's shedd ing more light. it causes somebody some problems , I -- think thls whole th ing causes a few more problems, and after all , that 's what we 're after, is to -- to make sure tha t -- that there is as much light as posslble shed on

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Walsh .

And I -- and I don 't doubt that. This is do ing in the Governo r's Message , he talked about campaign reform , but he ta lked about goin: the other way . He talked about -- he talked about increasing the threshold from a hundred and fifty dollars to two l45  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislatlve Day March l8, 1997 hundred and flfty dollars so that it would -- so that it wculd encourage people to -- to give contributions , encourage more of the ordinary citizens and discourage PACS and such . And I was wondering why you kind of did the opposite of what the Governor had recommended in his Address .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Butler.

don 't think this Senator, don 't think this w ill discourage it. And why not? Why not have as much disclosure as we possibly can get? It 's going to cause a mo re work , obviously , but I think in the long run r it will do all of us :ood .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh .

Just on the -- on inereasing the fine now . That -- that -- you have the tWo days. Is it two days khat has to be in -- the State Board of Eleetions , or is it you 've got to mail i: kithin two?

PRESIDING OFFTCER: (SENATOR DUDYCZ) Senator Butler.

It's the Same as it is today .

PRESIDING OFFICER : (SENATOR DUDZCZ) Senator Walsh .

There are -- there are alternate Ways of reporting . That 's the report . Can you fax that down to the State Board of Electlons now?

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Butler. 146  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March 18, 1997

don 't know .

PRESTDING OFFTCER : (SENATOR DUDYCZ) Senator Walsh .

It -- the only thing is, is it does seem that it 's a -- that 's any check that 's over five hundred dollars there 's going to be a fine of now five thousand dollars. Now , eha e could -- tha e 's going to go fo r the -- the penalty is going to be for the guy whc receives a check fo r five hundred dollars and doesn 't repo rt it in two days, but going to be the same penalty for a guy who receives a cbeck for fifteen thousand dollars, possibly , who 's going to be penalized five thousand dollars . And it seems tha t that might be -- you know , maybe if it was a welghted scale , depending on the amount of the contribution , that it m ight be a better idea .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.

Keep in mind , the five-thousand-dollar figure is ''up tod'. The ' - - the State Board of Electlcns can dekermine can be one thousand , as it is today . That do es not change .

PRESIDING OFFICER : (SENATOR DUDYCZ) Any further d iscussion? Senator Molaro .

Thank you, Mr . President. Well, you know , it -- is kind of funny when the Governor asks for two-fifty r and when he says two-fifty , guess his reasoning kas that, of eourse , if someone - - some small-time player Would like to give some money or some neighborhood person would , guess the reason you don 't disclose it is so the ordinary citizen can get lnvolved without fear o f reprisal by somebody coming and pulling your D-1, D-2s , or 147  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 r 1997 Whatever form it wculd be on, and therefore they don 't have to wo rry about that someone in city or county o r State government, or an incumbent or an opponent , go ing after the small-time person . And the assumptlon would be that if you contribute a hundred and fifty or two hund red dollars, you wouldn ft be able to then so influence a candidate that we would have to disclose it . Now , that seemed to make sense . Now we have Sena tor Butler coming up and saying, I see it just the opposite way. And I don't know, that seems kind of strange . But -- that was a comment . Now 1et me ask my questiony if you would yield for a question , and he 's shaking his head . So 1et let me ask this : In the bill itself, or the amendment, it says, ''and if the contributcr is an individual , the occupation and employer of the contributo r'' would have to be listed . That 's the uording . Now , when my guy fills his out -- or fills out my form and we list it , the reason we da that : we go to a fund-raiser or we mail out requests for funds and the checks come back, and they fill out who it is that sends it in . So y naturally , we list it and ke use the name and add ress that 's on the check . Now , most checks do not put down what your occupation is and it usually doesn't put down who your empl6yer was. So , therefore r if I was going to give a check to , say , Senator Radognc or Syverson or one of my colleagues, obviously if it was a personal check, kould jusk have my name and address. Now , therefore, dces this force us -- can we put down ''unknown''# or do we now have to take the extra effort before we take the check , to go out and send a letter to them and saying y ''Unless you give me your occupatlcn and your employer, I cannot take this eheck''?

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Butler .

I don 't know quite how to answer that . The -- the p roblem we l48  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legisla tive Day Ma rch 1997 have is if we 're going to have openness , shed light, et cetera , et cetera , this , in some form , would have to be essential . We would have to find out whether or not there are these tie-in contributions that add up to some sizable amount yet are maybe below some threshold . But : you know , -- I -- I would say that as I opened -- in my opening rema rk , we 're going to have to have a 1ot of work on -- on bills llke thisy and Would hope this moves on so we a t least have a base on which to argue . If we don 't do it# we 're going to be floundering arcund here for another few weeks until something takes hold . This at least gives us a foundation.

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Mola ro .

I -- I certainly believe -- we 've moved a lot of vehicle bills fo rward , and a -- I 'm a big believer vehlcle bills because we do have to get together at the end of the Session and ccme up with something . It always makes me nervous When we fre passing out laws that have some substance to it and then sort of calling a quasl vehlcle bill, because the good thing about a vehicle bill is that nothing happens to it . If it goes out he re , it could be agreed to and -- and it becomes law , and that 's not .the intent. would just say this: If we're goins to pass a bill out that says we must list a contributo r, his occupation and the employer of the contributor and we 're trying to make a record , and the sponso r of the bills says , ''Wel1, really don 't know how to answer thatd', which you probably don 'ty in good faith r know how to answer it, that 's -- I don 't think we have the right then to vote it out of here , because I don 't even know what it means . So , therefore , until we get a little clarlfication , I 'd rather take it out of the record and vote at -- at different time .

PRESIDING OFFICER: (SENATOR DUDYCZ) 149  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18 , 1997 Senator Jacobs .

Move the prev ious question .

PRESIDING OFFICER : (SENATOR DUDYCZ) There are five additlonal speakers . Any further discussicn? Senator Karp iel.

Well, I'm -- thank youy Mr. Fresident. I'm just -- I'm having trouble bringing up the entire bill on my sc reen . All I 've got is this short analysis . Is what you 've -- is What you a re saying that if we -- if -- if I had a fund-raiser and I cha rged a hund red dollars a ticket, that when people came to the docr and Were to buy -- wanting tc buy a ticket either by writing a check or or giving me cash, whatever, that they would have to also tell the person at the doc r What their -- who they Work fo r?

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Butler.

And ...

At -- at some po int ycu 'd have to have that informa tion .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karplel.

Well, if that 's the case , Senator, I don 't know enough about campaign laW as it ks p resently Written other than a few things . I remember it used to be insurance companies -- the insurance business and used to be racing interests, I believe , but other than -- are there any occupations that are , by law , proh ib ited from donatin: to campa igns? Well, if there aren 't any ...

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator. Butler. l50  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25:h Legkslative Day March 18, 1997

Not to my knowledge .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Ka rpiel .

Well, if there aren 't any occupations that a ren 't p roh ibited from donating to political campaigns , then Why do we have to know what everybody 's occupation is and who they Work fo r?

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Butler .

Again , addresses the problem where you may have mcney distributed th rough a bunch of individuals . This way we can tie all together.

PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Karpiel .

Well, Senator, I 'm sorry . frankly don 't understand that. don 't understand how if I have ten people that come to my fund-raiser and they all work for one particula r employer in town and , perhaps , a1l have different occupations , what that matters there is no -- no particular indust'ry or interest that is prohibited from donating. mean, I just don't see it. also , Senato r, have a p roblem with the part about doing away with the -- D-3s -- DC -- whatever they are - D-3s . I 'm getting Star Wars m ixed up with this. I mean r after allr if we are going to be asked to be giving not only the amcunt of money that we a re accep tlng but for a11 these poor ticket payers at your fund-raiser, everyone cominq in, to have to be giving you their employer and occupation , in addition to a11 that now people a re going to come and look at our records , and we don 't even get to know that they 're looking at 'em or why they 're looking at 'em : l5l ! STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legisla tive Day March 18r 1997 truly think this is a bad bill, Senator Butler. I 'm sorry . I -- I love you , but as ''Geo'' always says : I love the sponsor, but lt 's a bad bill . END OF TAPE TAPE 4 PRESIDING OFFICER: (SENATOR DUDVCZ) Further discussion? Senator Halvorson. SENATOR HALVORSON : Thank you, M r. President , Members of the Senate -- Senate . First of all, I want to commend Senato r Butler, because I believe that this is -- this is very needed . 1 '11 tell you what -- but that 's a start. And there 's a few things we need to add : and ... PRESIDING OFFICER: (SENATOR DUDYCZ) I beg your pardonr Senato r Halvo rson . Senator Butler, your... Senato r Halvorson . SENATOR HALVORSON : Thank you . Aga in, I w ill start over. Sena to r Butler, I commend you . This is grea t. We need to do mo re . We need to lim it canpa ign contributions, but we also need to work with the contractors and limit thelrs. But I think the bottom line he re is dlsclosure , and that 's What We 're try ing to get at. I 'm wo rking closely with the campa ign... PRESIDING OFFICER : (SENATOR DUDYCZ) I beg your pa rdon, Senator Halvo rson. Senator Butler, are -- I see a white flag flying over by you . SENATOR BUTLER : Well, those are pigeons really . My chief advlso r came over a 152 I I  F w STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March l8 r 1997 few seconds ago and suggested that I take it out of the record .

PRESIDING OFFICER : (SENATOR DUDYCZ) 0ut of the record . Senate Bill 1109 . Senator Klemm . Senator Klemm . Senate Bill 1120. Senator Bowles . Mr . Secreta ry , read the bill.

Senate Bill 1120. (Secretary reads tltle of bill) 3rd Reading of the bill .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Bowles .

Thank you , M r. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) I beg your pardon, Senator Bowles . W ill the -- Will the Members please take the conferences off the Floor. Senator Bowles.

This -- 1120 is a vehicle bill, and Senate -- the Senate Amendment No . ' deletes makes vehicle bill . But there will be a subsequent Floo r amendment, which will be offered in the House r which Will establish a stormwater committee . We 've been working on this is and the subsequent forthcoming amendment has the suppo rt of the Illina is Munlclpal League r who opposed the o riginal bill . We -- we a re continuing to have negotiatlons w ith the drainage dlstricts , with the Realtors, with the develcpers . would ask for an affirmative vote to move this vehicle to the House for further negotlations . have discussed this with Senato r Watson and Senator Luechtefeld in whose -- whose districts this bill falls , and they are in agreement to continued negotiations , and I would be happy to answer any questions . Otherwise , I would ask for an affirmative vote . 153  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March l8 , 1997

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question shall Sena te Bill 1120 pass . A 11 those in favor will vote Aye . Opposed w1l1 vote Nay . And the voting is open . Have al1 voted Who Wish? Have a1l vo ted who W ish? Have a1l voted Who W ish? Take the record . On that question , there a re 57 Ayes, no Nays , none voting Present, and Senate Bill 1120, having received the required constitutional majority, is declared passed. Senator Cullerton, what purpose do you rise?

Yes. Thank you, Mr. President. just Wanted to let the record reflect that I inadvertently was voted Aye on Senate Bill 228 . It Was my intention to vote No on that bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) The record Will so reflect . Senato r Fawelly what purpose do you rise?

Thank you very much . For a purpose of an announcement. The Transportation Conmittee Will meet in Room 400 at 4 o 'clock . 4 o 'clock y in Room 400 .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Burzynskl, what purpose to you rise?

Purpose of an announcement. The Senate Committee on Licensed Activities will be meeting at a .m . tomorrow morninq , Room A-1# for the consideration of Floor amendments. That's the Licensed Activities Comm ittee, Room A-1 in the Stratton Buildlng , 9 o 'clock a .m . Thank you .

PRESIDING OFFICER: (SENATOR DUDYCZ) To try to accommodate the Membership the Cha ir will allow the Members to have another run at Senate Bills 2nd Reading . Th ts has been requested by our Democratlc Colleaguesy and the President o f 154  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8r 1997 the Senate has agreed to allow Members to have their bills heard on 2nd Reading aga in. Senator Demuzio , what purpose do you rise?

Thank you, Mr . President. -- w ish the record to reflect that this morning on Senate Bill 228, had I been on the Floo r, would have voted in the affirmative . was downstairs in a -- in the Education meeting .

PRESIDING OPFICER: (SENATOR DUDYCZ) The record will so reflect. Sena tcr Butler, what purpcse do you rise?

For purposes of an announcement . The Local Government and Elections Comm ittee will meet at 4:30 Room 4:30, A-1, Local Government .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Mad iganr what pu rpose do you rise?

Thank you r Mr. President. Purpose of announcement that the Insurance and Pensions Committee w ill meet at 4 o 'clock in Room 2l2 to consider Floo r amendments .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka , What purpose do you rise?

Thank you, Mr. President . A pcint of personal p rivilege .

PRESIDING OFFICER: (SENATOR DUDYCZ) State your po int .

Standing inmediately behind me is our distinguished Supreme Court Justice fron the Second District -- the o1d Second District, Justice John Nickels .

PRESIDING OFFICER: (SENATOR DUDYCZ) Welcone to the Senate y Justice Nickels. Senator Syverson , l55  STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 what purpose do you rise?

Thank you, Mr. President. The Senate Public Hea1th Committee w ill meet immediately following Transpcrtation . So , approxinately 4:30 in Room 400 to discuss some amendments . Thank you .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan, what purpcse do you rlse?

Thank you , Mr. President . I W ish to correct myself that that meeting is not at 4 o 'clock, it is at 4:30 in Room 212 .

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

Fo r purposes of an announcementy Mr. President . The Senate Judiciary Comm ittee will meet at 9 a .m . in Room 400 tomc rrow .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator C ronlny what purpose do you rise?

Thanks , Mr. President . The Senate Education Ccmm ittee Will meet at 4 o 'clock . 4 o 'clock in Room 212.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs , what purpose do yau rise?

Point of personal privilege r Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) State your po int.

Sitting in the Democratic side over here, we have a number o f township officials from my district, and I'd like to have them please stand and be recognized by the Senate .

PRESIDING OFFICER: (SENATOR DUDYCZ) W ill our guests please rise and be recognized . Welcome to 156  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day Ma rch 18 , 1997 Springfield . On the top of page 2 of your regular Calendar is the Order of Senate Bills 2nd Reading . Sena te Bill 54. Senator Mahar . Senato r Mahar. Senate Blll Senato r Madigan . Senate Bill 65. Senator Trotter. Madam Secretary r read the bill .

Senate B ill 65. (Secretary reads title of bill) 2nd Reading of the blll . No committee or Floo r amendments reported .

PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Read ing .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen, on Senate Bill 73. Senator Lauzen . Out o f the record . Senator Lauzen, on Senate Bill 74. Out of the record . 75. Out of the record . 76 . Out of the record . Senator Farley, on Senate Bill 171. Out of the record . Senator Lauzen, on Senate Bi11 203. Out of the record . 204 . Senato r -- Senate Bl11 206 . Out of the record . Senator Rea , on Senate Bill 250 . Out of the record . Senator Siebeny on Senate Bill 306 . Out of the record . Senator V iveritc , on Senate Bill 307 . Read the bill, Madam Secretary .

Senate Bill 307. (Secretary reads title of b1ll) 3rd Reading of the bill . Pardon me -- 2nd Read ing of the bill. No comn ittee or Floor amendments repo rted .

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . Senator Cronin, on Senate Bill 345. Out of the record . Oh ! Read the bill, Madam Secretary .

Senate Bill 345 . (Secretary reads title of bill)  1 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18y 1997 2nd Reading of the bill . The Comm ittee on Public Hea1th and Welfare adopted Committee Amendment No . 1 .

PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Flocr amendnents approved for consideration?

No further amendments reported .

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Dillard , on Sena te Bill 417 . Out of the reco rd . Senator Luechtefeld , cn Senate Bill 459. Senato r Luechtefeld . Out of the record . Senator Weaver , on Senate Bill 493 . Out of the record . Senato r Jones: on Senate Bill 521 . Read the bill , Madam Sec retary . ACTING SECRETARX HAWKER : . Senate Bill 521. (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Judic iary adopted Committee Amendment No . 1 .

PRESIDING OFFICER : (SENATOR DONAHUE) Have there been any Floor amendments àpproved for consideration? ACT ING SECRETARY HAWKER : . No further amendments reported .

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Sena tor Sieben , on Senate Bill 604 . Senator Sieben . Out of the reco rd . Senator Fa rley , on Senate Bill 663 . Senator Farley . Out of the record . Senator Butler, on 664 . Out of the record . Senator Sieben , on Senate B ill 674. Out of the record . Senator Walsh , on Senate Bill 686. Out of the record . Senator Parker, on Senate Bill 711. Out of the reco rd . Senator Dudyczy on Senate Bill 713. Out of the record . 762. Out of the record . Senator Dillard . Read the bili -- on Senate Bill 796 . l58  I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 18, 1997 Read the bill, Madam Secreta ry . ACT ING SECRETARY HAWKER : Senate Bill 796 . (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floo r amendments reported . PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Madigan, on Senate B ill 801. Out of the record . Senator Mahar, on Senate Bill 815 . Out of the record . Senator Shadid , on Senate Bill 890. Senator Shad id . Out of the record . Senato r Berman, on Senate Bill 912 . Oh ! Sorry. Out of the record . Senator Mo laro , on Senate Bill 895. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER : Senate Bill 895 . (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments . PRESIDING OFFICER : (SENATOR DONAHUE) Have there been any Floor amendments app roved fo r consideration? ACTINC SECRETARY HAWKER : Amendment No . 1, offered by Senato r Molaro . PRESIDING OFFICER: (SENATOR DONAHUE) Senator Molaro , on Amendment No . 1 . SENATOR MOLARO : Thank you , Madam Chairman . What it does , this amendment, it gives a speclfic intent to the crime , that bein: knowledge , and also goes from a Class A m isdemeanor, we 're changlng that to make it just a petty offense. This is part of my soft-on-crime agenda . So we 're moving it from a Class A misdemeanor to a petty offense . PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing l59 I  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Legislative Day March l8 , 1997 ncne, all those ln favor, say Aye . Oppcsed , Nay . The Ayes have it, and the amendment is adop ted . Are there any further amendments approved for consideration?

No further amendments reported .

PRESIDING OPFICER: (SENATOR DONAHUE) 3rd Readlng . Senator Shadid , on Senate Bill 922. Out of the record . Senator Fawell, on Senate Bill 950. Read the billr Maday Secretary .

Senate Bill 950 . (Secretary reads 'title of bill) 2nd Reading of the bill . The Committee on Transpo rtation adopted Comm ittee Amendment No .

PRESIDING OFFICER : (SENATOR DONAHUE) Have there been any Floor amendments approved for consideration?

No further amendments reported . PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading. Committee Repcrts. ACTING SECRETARY HAWKER : Senator Weaver, Cha irman of the Comnittee on Rules, repo rts tbat the following Legislative Measures have been assigned : Referred to Commerce and Tndustry Cqmmittee - Senate Amendment Nc. 1 to Senate Bill Senate Amendments 1 and 2 to Senate Bill 469 , Senate Amendment No . 2 to Senate B tll 476, Senate Amendment No. l to Senate Bill 716, and Senate Amendment No. to Senate Bill 953; referred to Education Committee - Senate Amendment No . to Senate Bill 5587 referred to Env ircnmene and Energy Committee - Senate Amendment No . 2 to Senate Btll 299, Senate Amendment No . 2 to Senate 3i11 483 : and Senate Amendment No . l to Senate skyy l60  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leg islative Day March l8, 1997 and Senate Amendment No . 2 to Senate Bll1 8157 referred to Executive Committee Senate Amendment No . 2 to Senate Bill 9l2 (sic) (910) and Senate Amendment No. 2 to Senate Bill 10197 referred to Insurance and Pensions Comm ittee - Senate Amendment 2 to Senate B ill 423, Senate Amendment to Senate Bill 490 , Senate Amendment 12 to Senate Bill 665, Senate Amendment 2 to Senate Bill 672, Senate Amendment 2 to Senate B ill 711, and Senate Amendment 2 to Senate Bill 10487 referred to Jud iciary Ccmm lttee - Senate Amendments 1 to Senate Bill and Senate Amendment to Senate Bill 3587 referred to Licensed Activities Committee - Senate Amendment 3 to Senate Bill 3727 referred to Public Hea1th and Welfare Comm ittee - Senate Amendments l and 2 to Senate Bill 240 , and Senate Amendment No . to Senate B ill 7557 referred to Transporta tlon Comm ittee Senate Amendment No . to Senate Bill 30 , Senate Amendment No . 2 to Senate Bill 225 , Senate Amendments 2 and 3 to Senate Bill 543, Senate Amendment l to Senate Bill 730, Senate Amendment No . 3 to Senate Bill 800, and Senate Amendment No . 2 to Senate Bill 950 ; Be Approved for Conslderation - Senate Amendment No . 1 to Sena te Bill 85 y Senate Amendment No . 2 to Senate Bill 428 , Senate Amendment No . 2 to Sena te Bill 436, Senate Amendment No . 2 to Senate Bill 723 , Senate Amendment No . 3 to Senate Bill 952, and Sena te Amendment 2 to Senate Bill 1001, and Sena te Amendment 2 to Senate Bill 1020 .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen , for What purpcse do you rise?

For purposes of an anncuncement .

PRESIDING OFFICER : (SENATOR DONAHUE) Please state ...

At -- at 4 o 'clock there 's golng to be a Commerce and Industry meeting here on the Senate Floo r. l61  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leglslative Day March 18r 1997

PRESIDING OFFICER : (SENATOR DONAHUE) Thank you . Senator Watson, for what purpose do you rise?

Xes . Also , Madam Presldent, for the purpose of an announcement .

PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point .

Yeah. I -- I just want to being the Body's attention to the fact that April 29th will now be the date of the House/senate softball game . This is go ing to be the first announcement . know we lre going to be gone fo r a couple of weeks . Many of you ill be going to a warmer climates, and I expect you to be out there throwing the 'ball around and getting loosened up . I don 't know if you 've gone over the re in the last Week or so , and see they 've got some young bod ies . That farm system called the ''Election of '96'' brought them constderable number of young people over there , and We 've got to maintain our, you know , superiority in this -- in this softball game , and I know all of you take it ve ry serious and that you 'll be worklng out over sp ring vacation. Now , we 've got a couple of guys; too z that look pretty good . Obama . mean , look at him . Link . Luechtefeld . ' Look at Luechtefeld . Six foot five . But a1l have to do is, anybody that watched the game last year, remember how good Jim Clayborne looked? Did anybody see h im take - - did anybody see him h it the ba ll? He lcoks good in a uniform r but that is where it ended. So, anyway, just want you to -- to make sure that al1 of you take a little time over the spring break and throw the ball a round, get loosened up , get ln shapey and We '11 take them on once again . April 29th . Put it down on your calendar that -- we don 't want a lot of conflicts that night . We want everybody out there .

PRESIDING OFFICER: (SENATOR DONAHUE) l62  STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March l8, 1997 Senato r Hendon r what -- for what purpose do you rise?

Just fo r purpose of comment. I hope the Democratic Members have a better chance of making MVP this yea r, than qetting our bills out of comm ittee .

PRESIDING OFFICER: (SENATOR DONAHUE) We Will be continuing . We are not done with our business . We were asked to go back to Order of 2nd Readings for purposes of moving bills, and we don 't seem to be moving a 1ct of them . Senator Dillard , on Senate Bill 952. Out cf the record . Senato r Shaw . Ea rlier today We Were asked to allow Senato r Trc tte r as a hyphenated co-sponsor on Senate Bill 968 . Read the bill, Madam Secreta ry .

Senate B ill 968 . (Secretary reads title of bill) 2nd Readtng of the bill . No comm lttee or Floor amendments repo rted .

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Dillaid, on Senate Bill 1020. Read the bill , Madam Secreta ry . ACTING SECRETARX HAWKER : ' Senate B ill 1020 . (Secretary reads title of bill) 2nd Reading of the b ill. The Committee on Commerce and Industry adopted Comm ittee Amendment No .

PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Floor amendments approved for consideratlon?

Amendmene No . offered by Senator Dillard .

PRESIDING OFFICER: (SENATOR DONAHUE) 163  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 25th Leglslative Day March 18, 1997 Senator Dillard .

Thank you , Madam Prestdent. This is nothing mcre than a technical amendment, and I would move its adoption .

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none , a11 those in favor, say Aye . Oppcsed , No . The Nays -- the Yeas have and the amendment is adopted . Are there further amendments approved for consideration? ACTING SECRETARY HAWkER: No further amendments reported .

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readinq . Senator Berman r on Senate Bill 1072. Out of the record . Senator Dudycz , on 1105 . Out of the record . Nowy We have three we 're go ing back to pick up , request of the sponsor. Senator Reay on Senate Bill 250 . Senator Rea . Senator Rea , on Senate Bi11 250. Read the bill , Madam Secretary .

Senate Bill 250 . (Secretary reads title of bill) 2nd Reading of the bill . No committee amendments .

PRESIDING OFFICER : (SENATOR DONAHUE) Have there been any Floor amendments approved for considera tion?

No amendments reported , Madam President .

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senato r Dudycz, on Senate Bill 713 . Read the bill, Madam Secretary .

Senate Amendment (sic) 713. (Secretary reads title of bill) l64  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leqislattve Day March l8, 1997 2nd Readin: of the bill. The Comm ittee on Local Government and Elections adop ted Commlttee Amendment No .

PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Floor amendments approved for consldera tlon?

No further amendments repo rted .

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senato r Dudycz, on Senate Bill 762. Read the bill, Madam ...

Senate Bill 762. (Secretary reads title of bill) 2nd Readlng o f the blll . No comm lttee amendments -- no committee or Floor amendments reported .

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Read ing . I wl1l inform the Body that you W ill have one more oppo rtunity to move your bills off 2nd Reading tomorrow . And I think we need to heads up on that . If there is no further business -- there' further business? The Senate will stand adjourned unttl 10 a.m. Wednesdayr March 19th. 10 a.m. Senate stands adjournedé 165 k pA I t%>..: . REPORT: TIFLDâY STATE OF ILLINOIS 97/07/31 PAGE: 001 90TH GENERAL ASSEMBLY 12:39::% SENATE DAILY TRANSCRIPTION OF DEBATE INDEX HARCH 18, 1997 HB-02k2 FIRST READING PAGE 2 ' SB-000V SECOND READING PAGE 2 SB-0005 RECALLED PAGE 19 SB-0006 THIRD READING PAGE 29 SB-0007 RECALLED PâGE 20 SB-0009 RECALLED PAGE 21 SB-0013 RECALLED PAGE 22 SB-0021 THIRD READING PâGE 31 SB-0030 SECOND READING PAGE 2 SB-00V6 THIRD READING PAGE 32 SB-0055 THIRD READING PAGE 33 58-0056 THIRD REZDING PAGE 36 SB-0065 SECOND READING PAGE 157 SB-00T7 SECOND READING PAGE 3 SB-0081 THIRD READING PAGE 39 SB-0086 THIRD READING PAGE 42 SB-0123 RECALLED PAGE 22 SB-0156 SECOND READING PAGE 3 SB-0159 THIRD READING PAGE :3 SB-0165 THIRD READING PàGE R% SB-01T5 SECOND READING PAGE 3 SB-0182 SECOND READING PAGE k 58-0225 SECOKD READING PAGE V 58-0228 THIRD READING PAGE 49 58-0228 OTHER PAGE 15V 58-0228 OTHER PAGE 155 SB-0230 THIRD READING PAGE 50 SB-0248 THIRD READING PAGE 66 SB-0250 SECOND READING PAGE 164 58-0255 THIRD READING PAGE 16 58-0256 THIRD READING PAGE 76 - 58-0265 THIRD READING PAGE 11 58-0305 SECOND READING PAGE 4 SB-0307 SECOND READING PAGE 157 SB-0317 THIRD READING PAGE 78 SB-0319 THIRD READING PAGE 82 58-0320 THIRD READIHG PAGE 83 SB-0321 THIRD READING PAGE 83 58-03:5 SECOND READING PAGE 157 SB-03k7 THIRD READIHG PAGE 84 58-0350 SECOND READING PàGE 5 SB-0381 SECOND READING PAGE 6 58-0382 THIRD READING PAGE 86 SB-0406 SECOND READING PAGE 6 SB-0k08 THIRD REZDING PAGE 86 3B-0R18 THIRD READING PàGE 88 SB-0V37 THIRD READING PAGE 89 SB-0438 SECOND READING PAGE 6 . SB-044R RECALLED PAGE 23 SB-0k5k THIRD READING PAGE 90 SB-0V60 THIRD READING PAGE 91 SB-0475 THIRD READING PAGE 92 SB-0495 SECOND READING PAGE 7 SB-0521 SECOND READING PAGE 158 58-0524 THIRD REZDING PAGE 93 58-0529 THIRD READING PAGE 9% SB-0531 THIRD READING PAGE 95 58-05:3 SECOND REâDING PAGE 7 SB-05R5 THIRD READING PAGE 95 SB-05R7 THIRD READING PAGE 96 SB-05V9 SECOND READING PAGE 8 SB-0560 THIRD READING PAGE 100 SB-05TR RECALLED PAGE 24 SB-0580 THIRD READING PAGE 100 L REPORT: TIFLDâY STATE OF ILLINOIS 97/07/31 PAGE: 002 90TH GENERâL âSSEHBLY 12:39:44 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX HARCH 18, 1997 :8-0594 THIRD READING SB-0600 THIRD READING 58-0626 RECALLED 58-0672 SECOND READING SB-0677 RECALLED :8-0685 SECOND READING 58-0689 THIRD READING :8-0689 MOTION SB-0690 RECALLED sB-0707 THIRD READING 58-0713 SECOND READING SB-0716 SECOND READING :8-0720 THIRD READING 58-0753 SECOND READING 58-0755 SECOND READING 58-0762 SECOND READING 58-0776 RECALLED SB-0781 SECOND READING 58-0795 SECOND READING 58-0796 SECOND READING 58-0798 THIRD READING sB-08o0 SECOND READING SB-081R THIRD READING 58-0819 THIRD READING 58-0827 RECALLED SB-08jR THIRD READING 58-0857 THIRD READING SB-086O SECOND READING SB-O861 SECOND READING 58-0895 SECOND READING 58-0899 SECOND READING :8-0908 RECALLED 58-09:2 THIRD READING SB-09)4 SECOND REàDING sB-o945 SECOND READING SB-0950 SECOND READING 58-0968 SECOND READING SB-1000 THIRD READING SB-1002 SECOND READING SB-1O08 MOTION SB-1009 SECOND READING SB-1013 HOTION SB-1014 MOTION SB-1015 MOTION SB-1016 THIRD READING SB-1020 SECOND READING SB-1032 SECOND READING SB-1039 THIRD READING SB-1041 SECOND READING SB-10k8 SECOND READING SB-1052 SECOND READING 58-1053 SECOND READING 58-1058 SECOND READING SB-1074 SECOND READING SB-1076 THIRD READING :B-11O3 THIRD READING SB-1108 THIRD REZDING SB-1108 0UT OF RECORD SB-1120 THIRD READING REPORT: TIFLDAY STATE OF ILLIKOIS 97/07/31 PAGE: 003 90TH GENERAL ASSEMBLY 12:39:44 SENATE DAILY TRANSCRIPTION OF DEBâTE INDEX MARCH 18, 1997 SEBJECT MàTTER SENATE TO ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-FATHER P;T DE HEULEMEESTER PAGE 1 PLEDGE OF ALLEGIANCE, LED BY SENATOR SIEBEN PAGE 1 JOURNALS-POSTPONED PAGE 1 COMHITTEE REPORTS PAGE 1 COMMITTEE REPORTS PAGE 160 ADJOVRNMENT PAGE 165