Illinois General Assembly Floor TranscriptsBrowseSenate90th GA

Illinois Senate Floor Debate — March 19, 1997

90th General Assembly (1997-1998) · Legislative day 26 · Regular Session
Chamber
Senate
General Assembly
90th (1997-1998)
Date
March 19, 1997
Legislative day
26
Session
Regular Session
Speaker turns
1,092
Original
View the source PDF ↗
PRESIDENT PHILIP

The regular Session of the 90th General Assembly will please come to order . Will the Members please be at their desks? Will our guests in the qalleries please rise? Our prayer today will be given by Reverend Dr. Gary Rhodes, Elliott Avenue Baptist Church, Springfield , Illinois . Reverend Rhodes .

THE REVEREND GARY RHODES

(Prayer given by the Reverend Gary Rhodes)

PRESIDENT PHILIP

Senator Sieben, Pledge of Allegiance . Senator Sieben .

SENATOR SIEBEN

(Pledge of Allegiancey led by Senator Sieben)

PRESIDENT PHILIP

Reading of the Journal .

Harry (surname or first name uncertain)

Senate Journals of Wednesday, March 12th and Thursday , March l3the 1997 .

PRESIDENT PHILIP

Senator Geo-Karis .

SENATOR GEO-KARIS

Mr. President, I move that the Journals just read by the Secretary be -- be approved g unless some Senator has additions or corrections to offer .

PRESIDENT PHILIP

Senator Geo-Karis moves to approve the Journals just read. There are no objections, so ordered. Senator Geo-Karis.

SENATOR GEO-KAR IS

M r. President, I move that reading and approval of the Journals of Friday r March 14th 7 Monday , March 17th 7 and Tuesday , March 18th r in the year 1997, be postponed, pending a rrival of the printed Journals .

PRESIDENT PH ILIP

STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslative Day Ma rch l9 r 1997 Senator Geo-Karis moves to postpone the reading and the approval of the Journal, pending the arrival of the p rlnted transcript. There being no objectionsr so ordered. Committee Repo rts .

Harry (surname or first name uncertain)

Senator Fawelly Chair of the Comm lttee on Transportation, reports the following amendments to Senate Bills Be Adopted Amendment 3 to Sena te Bill 30 , Amendment 2 to Senate Bill 225 : Amendment to Senate Bill 495, Amendment 3 to Senate Bill 543, Am endment l to Senate Bill 730, Amendment 3 to Senate Bill 800 , Amendment 1 to Senate Bill 927, Amendment 2 to Senate B ill 950 all Be Adopted ; and Senate Amendment 2 to Senate Bill 543 tab led by the sponsor. Senato r Cronin , Chair of the Comm ittee on Educatton , repo rts Amendment to Sena te Bill 557 and Amendment l to Senate B ill 558 Be Adopted . Senator Lauzen , Cha ir of the Comm ittee on Commerce and Industry , reports Amendment 1 to Senate B ill Anendment to Senate Bill 469 , Amendment 2 to Senate Bill 476, Amendment l to Senate Bill 716, Amendment 3 to Senate Bill 753 , Amendment l to Senate Bill 953, Amendment 2 to Senate B ill -- or, on those bills r all Be Adop ted . Senato r Butler, Chair of the Commlttee on Local Government and Elections, repo rts Amendment 2 to Senate Bill 129, Amendment 1 to Senate Bill 307, Amendment 2 to Senate Bill 373, Am endment 2 to Senate B ill 509 : and Amendment 1 to Senate Bill 682 all Be Adopted . Senato r Syve rson, Cha ir of the Committee on Public Health and Welfare, reports Amendments 1 and 2 to Senate Bill 240 , Amendment 2 to Senate Bill 35l and Amendment to Senate Bill 755 al1 Be Adopted . Senato r Mad igan, Chair the Comm ittee on Insurance and 2 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legtslative Day Ma rch 1997 Pensions z reports Amendment 1 to Senate Bill 63 y Amendment 2 to Senate Bt11 194, Amendment l to Senate Bill 196: Amendment 2 to Senate Bill 423, Amendment l to Senate Bill 490: Amendments 9, l0 , 11 and 12 to Senate Bill 665, Amendment 2 to Senate Bill 672, Amendment 2 to Senate Bill 711, Amendment 2 to Senate Bill 50l (sic) (801) and Amendment 2 to Senate Bill 1048 al1 Be Adopted . Senato r Burzynski, Chair of the Comm ittee on Licensed Activities , repo rts Amendment 3 to Senate Bill 372, Amendment 1 to Senate Bill 610, Amendment to Senate Bill 902, and Amendment 2 to Senate Bill 1084 Be Adop ted . And Sena tor Hawkinson r Chair o f the Comm ittee on Judiciary, reports Amendment 1 to Senate Bill 171 and Amendment 2 to Senate Bill 358 b0th Be Adopted .

PRESIDENT PHILIP

Messaies .

Harry (surname or first name uncertain)

A Message for the Governor, by Deno Perd iou , Directo r of Legislative Affairs, March 18th , 1997 . M r. President - the Governor directs me to 1ay before the Senate the following Message . To the Honorable Members cf the Senate , 90th General Assembly have noninated and appointed the following named persons to the offices enumerated below , and respectfully ask concurrence in and confirmation these appo intments of your Honorable Bcdy .

PRESIDENT PHILIP

I 'd like to now turn over the Chair to Senator Madlgan for the purpose of a introduction. Senato r Madigan .

SENATOR MADIGAN

Thank you , President Philip and Members of the Senate . It 's Senator Vlnce Demuzio 's and my honor this morning to introduce to STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March 19 r 1997 you a coup le people that I would like to welcome you to the -- like you to welcome ta the Senate . First of all y 1et me lntroduce to you a constituent of mine from Havanar Illinois, who has just been elected and will serve for the next yea r as M iss Illinois County Fatr Queen. Ladies and Gentlemen of the Senate, let me -- let me ask you to join me in welcoming Queen Athena Taylor from Havana .

ILLINOIS COUNTY FAIR QUEEN ATHSNA TAYLOR

(Remarks by Illinois County Fair Queen Athena Taylor)

SENATOR DEMUZIO

Thank you , Ladies and Gentlemen. Pate? Senator Phtlip? Feels great. Feels great . Ladies and Gentlemen , is my a lso distinct hono r today to introduce a constituent of mine . Hunt Lacey is currently servlng as the State Prestdent of the FFA . He comes to us from Nokomis , Tllinols. He has served as a Chapeer Secretary , Vice Presidenty and Section 9 Reporter , and President. He has partic ipated in the Washing ton Leadership Confe rence ''Made for Excellencey'' and various other career development events such as land use , ag business mana:ement and public speaking . Hunt has been awarded the top Section 5 Repo rter District Dive rsified Livestock Winner and Who's Who Among American High School Students. In the future he plans on attend ing the Universtty ' of - - of Illinots majoring in Ag Economlcs. Huntr I want to award you a certlficate also for being here today . And Ladies and Gentlemen , if you would help me to welcome the President o f the State FFA , Hunt Lacey . Hune.

STATE FFA PRESIDENT HUNT LACEX

(Remarks by State FFA Prestdent Hunt Lacey)

SENATOR MADIGAN

Thank you, Queen Athena . Thank you , President Hunt Lacey . And Ladies and Gentlemenr also joining us on the at the President 's table was Director Becky Doyle . And thank you, STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 r 1997 President Philip and Members o f the Senate for your cou rtesy .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) House Bills 1st Reading .

SECRETARY HARRM

House Bill 709, offered by Senator Weaver. (Secretary reads title of bill) 1st Reading of the blll .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Bomke , for what purpose do you rise?

SENATOR BOMKE

Thank you , Madam President . Point of personal priv ilege .

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR BOMKE

would like to introduee to the Illinois Senate , Porta H igh School FFA students : W ith teacher Boyd Paulsmeyer . you w l1l all help me Welcome them , and if they Will rise .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Please rlse and be recogntzed by the Illinois Senate . Welcome to Springfield. On page 2 of today's Calendar is the Order o! Senate B ills 2nd Reading . And the Chair Would like to advise the Membership that this is the flnal day , the final day , that the O rder of Business will be called . So, if you dre go ing to move your b ills , today 's the day to do it. On the O rde r of 2nd Read ing : top of page 2, is Senate Bill 4 . Senato r Ka rpiel. Out o f the reco rd . ...apologlze . I was operatlng o ff the wrong Calendar . right. Now we 're at the top of page 2 . Senator Mahar, on Senate Bill 54 . Read the bill , Mr . Secretary .

SECRETARY HARRV

Senate B ill 54 . (Secretary reads title of bill) 2nd Readin: of the bill. The Comm ittee on Environment and Energy STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 adopted Amendment No . 1 .

PRESIDING OFFICER (SENATOR DONAHUE)

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

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Madigan, on Senate Bill 63. Reàd the bille M r. Secretary .

Harry (surname or first name uncertain)

Sena te Bill 63. (Secretary reads title of bill) 2nd Read ing of the bill . No comm ittee amendments .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Have there been Floo r amendments app roved fo r conslderation?

Harry (surname or first name uncertain)

Amendment No . 1 , offered by Senato rs Dudycz and Cullerton .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Dudycz: on Amendment No .

SENATOR DUDYCZ

Thank you, Madam President . Amendment No . l is is technical nature. just changes duty ''disability'' to duty ''avallability''.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any d iscussion? Is there any d iscussion? Seelng none , a1l those in favor, say Aye . Opposed , Nay . The Ayes have it , and the amendment is adopted . Are there further amendments apprcved for consideration?

Harry (surname or first name uncertain)

No further amendments reported . PRESIDING OFFICER ; (SENATOR DONAHDE) 3rd Reading . Senato r Lauzen, on Senate Bill 73. Read the 6 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9r 1997 bill, Mr. Secreta ry .

Harry (surname or first name uncertain)

Senate B ill 73. (Secretary reads title of bill) 2nd Reading of the blll. No comm ittee o r Floc r amendments .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senato r Lauzen, on Senate Bill Read the billy Mr . Secretary .

Harry (surname or first name uncertain)

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

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Lauzen, on Senate Bill Read the bill, Mr. Secretary .

Harry (surname or first name uncertain)

Senate Bill 75. (Secretary reads title of bill) 2nd Reading of the bill. No committee o r Flaor amendments .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senato r Lauzen y on Senate Bill 76 . Read the b ill, Mr. Sec retary .

Harry (surname or first name uncertain)

Senate Bill 76. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce and Industry adopted Amendment No .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Have there been Floo r amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments repo rted .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) 7 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 r 1997 3rd Reading . Senato r Mahar, on Senate B ill 141. Read the bill, M r. Secretary .

Harry (surname or first name uncertain)

Senate Bill 141. (Secretary reads title of bill) 2nd Reading of the bill . No committee amendments .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Have the re been Floo r amendments approved for consideration?

SECRETARY RARRY

Amendment No . o ffered by Senato r Maha r.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar, on Amendment No .

SENATOR MAHAR

Thank you , Madam President . Amendment No . l makes thls a shell b ill. The intent -- ny intent on th ls is to adopt the amendment, move it to 3rd and keep it on the Calenda r for fall , should We need a vehicle fo r further revisions telecommunlcations . would nove adoption of Floo r Amendment No .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none , al1 those in favo r: say Aye . Opposed ,'Nay . The Ayes have and the amendment is adopted . A re the re further amendments app roved for consideration?

Harry (surname or first name uncertain)

No further amendments repo rted .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Farley , on Senate Bill 171. Read the billy Mr. Secretary . SECRETAR? HARRY : Senate B ill 171. (Secretary reads title of bilï) 8 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 19 , 1997 2nd Reading of the b ill. No committee amendments.

PRESIDING OFFICER (SENATOR DONAHUE)

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

Harry (surname or first name uncertain)

Amendment No . l r offered by Senato r Farley .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Farley r on Amendment No .

SENATOR FARLEY

Thank you z Madam President, Lad ies and Gentlemen of the Senate . Senate Amendment Nc . Was adopted this morning in committee , and it takes care of a feW problems that was brought up by Senator Hawkinson . What lt does is it tightens up -- the teen court propcsal: which now states that everything that transp ires will be by written notice . Parents and those tha t are entering the program will know that they are participating . They wtll do that by writing . They w ill kncw that there might be wha t the penalties m ight be qoing in . It also states that the -- the court will -- W ill take ca re of these situations , Wh ich I recommended to them only at -- at a po int where the -- the teen has admitted that he is guilty and he will be doing restitution . It also states that When the teen would be perform ing a community service , that those that he ls perform ing that service for w ill not be liable for -- for any injury. I worked with Senator Hawkinson on this amendment . I think it's a gcod amendment. makes a good bill better, and I Would move for the adoption .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seelng none, the question -- all those in favor r say Aye . Oppcsed , Nay . The Ayes have it, and the amendment is adopted . A re there further amendments approved fo r consideration?

Harry (surname or first name uncertain)

No further amendments repo rted . 9 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslative Day March 1997

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senato r Lauzen, on Senate Bill 203 . Read the bill, Mr . Secretary .

Harry (surname or first name uncertain)

Senate Bill 203. (Secretary reads title of bill) 2nd Reading of the bill. No comniteee or Flcor amendments.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senato r Lauzen, on Senate Bill 204. Out of the record. Senator Lauzen, on Senate Bill 206. Out of the record. Senator Sieben . Out of the record , on Senate Bill 306 . Senator Mahar, on Senate B ill 378 . Read the bill, M r. Secretary .

Harry (surname or first name uncertain)

Sena te Bill (Secretary reads title of bill) 2nd Readtng of the bill. The Comm ittee on Environment and Energy adopted Amendment No . 1.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Have the re been Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments repo rted .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Read ing . Senator W elch , fo r what purpcse do you rise?

SENATOR WELCH

Point of personal privilege .

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR WELCH

Madam P res idener the Gallery on the Republican side in the back we have the FFA from Seneca, Illino is . Like them to stand and be Welcomed to the Senate .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 10 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 19 , 1997 Please rise and be recognized . Welcome to Illinois Senate. Senator Mahar, on Senate Bill 378. We just did that. 3rd Readlng . That 's out. A11 right . Senator D illard , on Senate Bill 417 . Read the bill , M r. Secretary .

Harry (surname or first name uncertain)

Senate Bill 417. (Secretary reads title of bill) 2nd Reading of the bill . No committee amendments .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading -- any Floor amendments approved for consideratlon?

Harry (surname or first name uncertain)

Amendment No . offered by Senator Dillard .

PRESEDING OFFICER (SENATOR DONAHUE)

PRESEDING OFFICER : (SENATOR DONAHUE) Senato r Dilla rd , on Amendment No .

SENATOR DILLARD

Thank you: Madam President and Ladies and Gentlemen o f the Senate . Th is amendment addresses the concerns that were raised by the M idwest Association of Professional Employer Organiza tions . You may have received calls from some o! their companies over the last few days . And we also deleted all the language dealing with licensure requirements that are in here . Most of these -- or, this amendment takes ca re of most of the concerns , and I wculd move its adoption o f the -- the people who orig lnally opposed th is bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none: all those favo r: say Aye . Opposed r Nay . The Ayes have and the amendment ts adopted . Are there further amendments app roved for consideration?

SECRETARY HARRV

No further amendments reported . 11 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9, 1997

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading. Senator Maitland, for what purpose do you rise?

SENATOR MA ITLAND

Thank you r Madam President . On a point cf personal privllege .

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR MA ITLAND

Madam ...

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Just a second , Senator . Continue .

SENATOR MA ITLAND

Madam President, have the privilege of introducing some students from your distric t who are ln khe President 's Gallery this morning . They are from the Rushville High School government class . Thelr teachers are Ken Walte rs and Brynn Schm itt . They are in the President's Gallery just behind you, and Would like them to rise and be reeognized by the Senate .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Please rlse and be recognized . And Welcome . R i, guys . Senator Luechtefeld , on Senate Bill' 459 . Read the blll, Mr. Secretary .

SECR ETAR Y HA RR T

Sena te Dill 459. (Secretary reads tiele of b1ll) 2nd Reading of the bill. No comm ittee or Flco r amendments .

PRESIDING OFPICER (SENATOR DONAHUE)

PRESIDING OFPICER: (SENATOR DONAHUE) 3rd Reading . Senator Weaver , on Senate Bill 493 . Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 493 . (Secretary reads title of bill) 2nd Reading of the bill . No eommittee or Floor amendments . 12 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 1997

PRESEDING OFFICER (SENATOR DONAHUE)

PRESEDING OFFICER: (SENATOR DONAHUE) 3rd Readlng . Senator Sieben , on Senate Bill 604 . Out of the record . Senator Farley , on Senate B ill 663. Read the bill, M r. Secreta ry .

Harry (surname or first name uncertain)

Senate Bill 663. (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Commerce and Industry adopted Amendment No . 1 .

PRESIDING OFFICER (SENATOR DONAHUE)

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

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senatcr Butler, on Senate Bill 604 (stc) (664). Senator Sieben , on Senate Bill 674. Out of the reco rd . Senator Walsh, on Senate Bill 686 . Out of the record . Senator Parker, on Senate Bill Read the billr Mr . Secretary .

Harry (surname or first name uncertain)

Senate Bill 711. (Secretary reads title of bill) 2nd Reading of the bill . Th9 Comm ittee on Insurance and Pensions adopted Amendment No.

PRESIDING OFFICER (SENATOR DONAHUE)

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

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Amendment No . 2, offered by Senato r Parker.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Pa rker, on Amendment No . 2 .

SENATOR PARKER

13 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 1997 Thank you , Madam President, Ladies and Gentlemen of the Senate . Senate Bill createsr ln the Insurance Code , a new Sectlon , which requires accident and health polic ies to cove r inpatient care followlng a mastectomy. The policy must also cover an in-office visit to a pbysician r o r an in-home nurse visit within forty-eight hours after discha rge to verify the patient's condition . The actual length of stay in the hospttal is a period determined by the physician to be med ically necessary and accordance with protocols and guidelines on sound scientific evldence and the patient evaluation.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Is there any discussion? A1l those in favor, say Aye . Opposed , Nay . The Ayes have it , and the amendment ls adop ted . Are there further amendments approved fo r consideration?

Harry (surname or first name uncertain)

No further amendments repo rted .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readëng . Senator Demuzio , fo r what purpose do you seek recognition?

SENATOR DEMUZIO

Well, thank you . tried to get you r attentlon a minute ago . Let the record reflect that Senatcr Cullerton is in Washington on offic ial business today .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) The record will so reflect. So rry you dldn 't :et my attention , sir. Senato r Madigan, on Senate Bill 801 . Read the bill, M r. Secreta ry .

Harry (surname or first name uncertain)

Senate Bill 801. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance and Pensions STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leg islative Day March l9, 1997 adopted Amendment No .

PRESIDING OFFICER (SENATOR DONAHUE)

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

Harry (surname or first name uncertain)

Amendment No . 2, offered by Senator Mad igan .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Madigan , on Amendment No .

SENATOR MADIGAN

Thank you , Madam President, Members of the Senate . Senate Floo r Amendment No . 2 to Senate Bill 80l does three things . It p rovides additional rule making authority fo r the Direeto r to be able to define certain technical types of investmene inseruments . This bill deals with in the Investment Code . The second thing , lt caps the property and casua lty reserve requirement required by insurance companies at flve hundred million dollars, and makes technical correcttons and clarifications of internal cross-references . I 'd be glad to answer any questions cn Flccr Amendment No . 2 to Senate B ill 801 .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscusslon? Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment is adopted . Are there further amendments app roved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senato r Mahar, on Senate Bill 815 . Read the bill, M r. Secretary .

Harry (surname or first name uncertain)

Senate Bill 815. (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Environment and Energy 15 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day March 19, 1997 adopted Amendment No . 1.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Have there been any Floo r amendments apprcved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR 6ONAHUE)

PRESIDING OFFICER: (SENATOR 6ONAHUE) 3rd Reading . Senator Shadid , on Senate Bill -- Senate Bill 890 . Read the bill, Mr . Secreta ry .

Harry (surname or first name uncertain)

Senate B ill 890 . (Secretary reads title of bill) 2nd Readin: of the bill. No committee cr Floor amendments .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readinq . Sena tor Berman , on Senate Bill 912. Read the billy Mr . Secretary .

Harry (surname or first name uncertain)

Senate Bill 912 ...

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Excuse me, senator -- or , Mr. -- out of the record . out of the reco rd . Senator Shadid : on Senate B ill 922 . Read the b ill, M r. -- out of the reco rd . Got to get our signals straight here , gentlemen . Senato r Dillard , on Senate Bill 952 . Read the bill, M r. Secretary .

Harry (surname or first name uncertain)

Senate Bill 952. (Secretary reads tltle of bill) 2nd Reading of the bill. No comm ittee amendments.

PRESIDING OFFICER (SENATOR DONAHUE)

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

Harry (surname or first name uncertain)

16 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March 19, 1997 Amendment No . 3, offered by Senato r Dillard .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Dillard , on Amendment No .

SENATOR DILLARD

Thank you y Madam President . This ls a bill proposed by Secretary of State George Ryan 's Business Corporation Advisory Comm ittee and the Taxpayers ' Federation of Illino is. And the Floor amendment moves two objectional (sic) provisions, one that Senator Hawkinson had some concerns about, and the other Sena tor Cullerton. And I would move its adoption .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any dlscussion? Seeing none , all those in favo r, say Aye . Opposed , Nay . The Ayes have it , and the amendment is adop ted . Senator Berman, on Senate B ill - - have there -- any further amendments for cons ideratlon?

Harry (surname or first name uncertain)

No further amendments repo rted , Madam President.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readlng . Senator Berman , on Senate Bill 1072. Read the bill, Mr. Secreti ry. SECRETARY HARRY: , Senate Bill 1072. (Secretary reads tltle of bi1l) 2nd Readtng of the bill . No conmittee or Floor amendments .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Read ing . Senator del Valle , on Senate Bill 1084 . Read the bill , Mr. Secretary .

Harry (surname or first name uncertain)

Senate Bill 1084 . (Secretary reads title of bi1l) 2nd Read ing of the bill . The Comm ittee on Licensed Activities adopted Amendment No . 1 . 17 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslative Day March 19 , 1997

PRESIDTNG OFFJCER (SENATOR DONAHUE)

PRESIDTNG OFFJCER: (SENATOR DONAHUE) Have there been any Floo r amendments approved for consldera tion?

SECRETARY HARRX

Amendment No . 2, offered by Senator del Valle .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r de1 Valle , on Amendment No . SENATOR dEL VALLE : Thank you , Madam President. Amendment No . 2 defines ''assistive technoloqy .'' It allows the Department to establish the centers subject to appropriation and allows the Department to determine ehe loca tions of the centers . PRESTDING OFFICER ; (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seein: none, all thcse in favor, say Aye . Opposed, Nay . The Ayes have tt, and the amendment is adopted. ire there further amendments approved fo r conslderation?

Harry (surname or first name uncertain)

No further amendments reported . PRESIDING O/FICER: (SENATOR DONAHUE) 3rd Reading . Senator Dudycz , on Senate Bill 1105 . Read the blll s Mr . Sec retary .

Harry (surname or first name uncertain)

Senate Bill 1105 . (Secretary reads title of bill) 2nd Reading o f the bill . No committee o r Floor amendments.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Fa rley r for what purpose do you rise?

SENATOR FARLEY

A po int of personal privilege, Madam President.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Please state your po int. STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leg islattve Day Ma rch 1997

SENATOR FARLEY

Thank you . Inadvertently yesterday the Yes button was voted on Senate Bill 228 . I d id want to be recorded as voting No on that bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) The record w ill so reflect, Senator Farley . Now , we are going to go to the Order of Senate Bills 3rd Readings. And we are going to do our recalls first. So if those of you that are on the list for recalls, please be ready to proceed . Our first recall bill w ill be on the top of page 4 . It 's Senator Parkerz on Senate Bill 30. Senator -- excuse me just a second. Sehator O'Daniel, for what purpose do you seek recognition?

SENATOR O 'DANIEL

Thank you , Madam President. For a po int of personal privilege .

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR O 'DANIEL

In the gallery back on the Republican side in the rear gallery is Johh Kabat - he's the agrlculture teacher at Mt. Vernon - with a group of his FPA students . Would you help me welcome them to the Chamber?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) We 're glad to have you . Welcome to Springfield . Will ycu rise and be recognized? Senato r Parker, on Senate Bil1 Read the blll, M r. Secretary . Do you Wish to have th is bill returned to the Order o f 2nd Reading fo r the purposes of an amendment? Hearing no objection, leave is granted. And on the Order of 2nd Read ing is Senate Bill 30 . Mr . Secretary , are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No . 3 , offered by Sena tor Parker . 19 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Leg islative Day March 19 , 1997

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Sena to r Parker, on Amendment No .

SENATOR PARKER

Amendment No . 3 merely makes the years that we w1ll repla te at the d iscretion of the Secretary of State and lnc reases the fine fo r those people who do not comp ly to th ree hundred to five hund red dollars .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none y al1 those in favor, say Aye . Opposed , Nay. The Ayes have 1t , and the amendment is adopted . Are there further amendments app roved for consideration?

Harry (surname or first name uncertain)

No furthe r amendments repo rted .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . Our next recall is Senate B ill 85 r and would ask leave of the Body to return to that at the end . Next would be Senator Dudycz, on Senate Bill Do you w ish to have this returned to the Order of 2nd Reading for the purposes of an amehdment? Hearing no objectiony leave ls granted. And on the O rder of 2nd Readin: is Senate Bill 129. Mr . Secreta ry, a re there any Floor amendments approved for conslderation?

Harry (surname or first name uncertain)

Amendment No . 2, offered by Senator Dudycz .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz , on Amendment No . 2 .

SENATOR DUDYC Z

Thank you , Madam Presldent. Amendment No . 2 adds the Wcrd ''person'' after ''Any '' in the b tll, and it also adds that any v iolatton of the -- of the offense would be a Class B m isdemeanor .

PRESIDING OFPICER (SENATOR DONAHUE)

PRESIDING OFPICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing 20 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9 , 1997 none, al1 those in favor, say Aye . Opposed , Nay . The Ayes have and the amendment adopted . Are the re further amendments app roved for consideration?

Harry (surname or first name uncertain)

No further amendments repo rted .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readtng . Next Would be Senator Madigan: on Sena te Bill 194 . Do you wish to have leave of the Body to return the -- Order of 2nd Read ing for the purposes of an amendment? Hearing no objectionz leave is granted. And on the Order of 2nd Reading is Senate Bill 194 . Mr . Secretary, are there Floo r amendments approved for consideraticn?

Harry (surname or first name uncertain)

Amendment No . cffered by Senato rs Dudycz and Cullerton.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz, on Amendment No . 2.

SENATOR DUDYCZ

Thank you, Madam -- Madam President . The amended bill-- or Amendment No. 2 would change the Pension Code in Section 5/22-307 barring common 1aw and statutory rights of an injured downstate police officer o r firefiqhter regarding filing wo rkers ' comp claims, if the municipality has established a benefits plan under certain conditions .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Any discussion? Hearing none , a1l those in favo r, say Aye . Opposed , Nay . The Ayes have iE, and the amendment is adopted . Are there further amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments repo rted .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . Senator Bomke , fo r what purpose do you rise? 21 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9# 1997

SENATOR BOMKE

Thank you, Madam President. For a poine of personal prtvilege .

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR BOMKE

Thank you . We have , in the gallery beh ind the Democrats, W illiamsville Junio r High School sixth-grade teache r, Verna Stallone .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) W ill you a1l please wave and be recognized , since you 're a1l rising? Welccme to Springfield. Our next bill would be Senator Parker, on Senate Bi11 225. Just a second , Senator Pa rker. I skipped one . Senator Madigan , do yau wish to return -- the O rder of -- Senate Bill l96 to the Order of 2nd Reading for the purposes of an amendment? Hearing no objectlon, leave is granted. On the O rder of 2nd Reading is Sena te Bill 196 . Mr . Secreta ry , have there been any Floor amendments approved for conslderation?

Harry (surname or first name uncertain)

Amendment No . 1, offered by Senator Mad igan .

PRESIDING OPPICER (SENATOR DONAHUE)

PRESIDING OPPICER: (SENATOR DONAHUE) Senator Madigan , on Amendment No .

SENATOR MADIGAN

Thank you , Madam President and Members of the Senate . Senate Floor Amendment No . l to Senate Bill 196 changes the current three years of loss experience time line from three years to five years on confo rm ing with wrltten requests of the insured . Th is puts that aspeet of underwriting in compliance w ith the five-year requirement on motor vehicle repo rts and voluntary comb ined loss experience. I would ask fo r its adoption .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Senator 22 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislatlve Day Ma rch 1997 Hawkinson .

SENATOR HAWKINSON

Will the sponsor y ield fo r a questlon?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Indieates he dll yield , Senator Hawkinson .

SENATOR HAWKINSON

Senator, does this affect individual policies of -- auto policies, for example?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan .

SENATOR MADIGAN

Yes .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawktnson .

SENATOR HAWSINSON

Explain to me : Under current law r do the companies look back three years to a driving record and accidents in in setting rates? And -- if under current law a moto rist o r an insured has three years of clean driving and gets one of those nice certlficates from the Secretary of State , then -- then there aren 't -- those prior accidents are not considered . Is this gcing to expand the period in wh ich accidents are constde red for rating?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Mad iîan.

SENATOR MADIGAN

Well, it could . But I doubt it, Sena tor Hawk inson; because th is has to be at the written request of Ehe insured . PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Is there further discussion? Seeing none : a1l those in favor, say Aye . Opposed , Nay . The Ayes have itr and *he amendment is adop ted . Are there further amendments approved for consideratio n? 23 STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19r 1997

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . It fs getting a little no isy in the Chambers. If we could take our conferences off the floo rs . If the people in the side aisles outside our Chambers will keep their voices down . We have a 1ot o f people in here today , and we ?ve goe a lo* o f business to contract . Sc let 's keep our voices down. On the Order of Senate B ill.. Senator Parker, do you wish to have Senate Bill 225 returned to the Order of 2nd Read ing for the purposes of an amendment? Hearing no objection, leave is granted. And on the Order of 2rd Reading is Senate Bill 225. M r. Secreta ry , have there been any Floo r amendments approved fo r consideratton?

SECRETARY HARRV

Amendment No . 2, offered by Senator Parker.

PRESIDING OPFICER (SENATOR DONAHUE)

PRESIDING OPFICER: (SENATOR DONAHUE) Senàtor Parker , on Amendment No . 2.

SENATOR PARKER

Thank you , Madam President, Ladles and Gentlemen of the Senate . This amendment merely provides that the volunteers or public o r private entities shall assume all liability for and hold the p roperty owner harmless from any and a1l claims of actton resulting from the work of the volunteer . It 's an add ittonal proeection for liability .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discusslon? Is there any discussion? Seelng noner a11 those in favor, say Aye. Opposed , Nay . The Ayes have it, and the amendment is adopted . A re there further amendments approved fo r consideration?

SECRETARY RARRY

No further amendments reported .

PRESIDING OFPICER (SENATOR DONAHUE)

PRESIDING OFPICER: (SENATOR DONAHUE) 24 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 3rd Reading. Senator Karpiel, on -- do you Wish to have Senate Bill 240 returned to the Order of 2nd Readinç? Hea ring no objection, leave is granted. And on the Order of 2nd Reading is Senate Bill 240. Mr. Secretary, are the re any Floor amendments improved for consideration?

Harry (surname or first name uncertain)

Amendment No . 1 , offered by Senator Karpiel .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Karplel , on Amendment No . 1 .

SENATOR KARPIEL

Thank youy Madam President . Floo r Amendmene No . l becomes the bill. It requires the Inspector General at the Department o f Children and Family Services and the Inspector General at the Department o f Menta l Hea1th and Developmental Dlsabilities repo rt bo th to the Directo r of their agencies and to the Governor. takes -- it takes out al1 the previcus language .

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR SM ITH

Thank you r Madam Cha irman and Ladies and Gentlemen of -- of the Sen:te. I Would like to concur with Senator Karpiel in passing this leg islation -- amendment, because it has made it so much different r as was discussed our comm ittee . And We certainly appreciate your support.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Is there any further discusston? Purther discussion? Seeing none, all those in favor, say Aye . Opposed , Nay . The Ayes have it . The amendment is adopted . A re there furthe r amendments approved for conside ration?

Harry (surname or first name uncertain)

Amendment No . 2 , offered by Senato r Karpiel .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 25 STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day Ma rch l9, 1997 Senator Karpiel , on Amendment No . 2.

SENATOR KARPIEL

Thank you r Madam President . Floo r Amendment 2 adds a provision to the bill which amends the (Mental) Health and Developmental Disabilities Confidentiality Act to give therap ists tbe ab tlity to disclose records wlthout consent to the Inspector General.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR REA

Yes . A question of the sponsor, please .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she 'll yield , Senator Rea .

SENATOR REA

Senator, on th ls -- on Senate Bill 240 , I believe this is the one that had the -- that added the three assistant lnspector generals. Has this been elimlnated, or adjusted, or any mod ificatlons made?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karp iel.

SENATOR KARPIEL

Senator Rea , I took your suggestions and Senato r Smith 's, and the Members of the comm ittee , and have deleted al1 of that language .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further -- further d tscussion? Further discussicn? Seeing none , a1l those in favory say Aye. Opposed , Nay . The Ayes have it, and the amendment is adopted . A re there further amendments app roved fo r considera tion?

Harry (surname or first name uncertain)

No further amendments reported . 26 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . Senator V iverito wishes to have -- seeks leave of the Body to return to the O rder of 2nd Reading Senaee Bill 307 . Is leave granted? Leave is g ranted . On the Order of 2nd Reading is Senate Bill 307. Mr. Secretary , are the re any further amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No . offered by Senator Viverito .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Viverlto , on Amendment No . 1.

SENATOR VIVERITO

Yes . Thank you , Madam President, Ladies and Gentlemen o f the Senate . This particula r amendment was suggested by the Medical Society , and we tve removed all the opposition . And what it does r basically , is lim its the townships with twenty-five thousand o r less to have the open -- or, the front-doc r referendum in desiring p rimary health eare . If there 's any questions , I 'd be happy to answer them .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there -- is there any questions? Are there any questions? Seeing noney a11 those in favo ry say Aye . Opposed , Nay . The Ayes have it r and the amendment is adopted . A re there further amendments app roved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Carroll, do you seek leave o f the Bady to return Senate Bill 351 to the Order of 2nd Reading fo r the purposes of an amendment? Hearing no objection, leave ls granted. And on the O rder of 2nd Readtng is Sena te B ill Aga in, we dre getting no isy . M r . Secretary r are there any Floo r amendments approved for consideration? 27 STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 19 , 1997

Harry (surname or first name uncertain)

Amendment No . offered by Senator Ca rrcll .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senata r Carroll, on Anendment No . 2.

SENATOR CARROLL

Thank you r Madam President, Ladles and Gentlemen of the Senate. Amendment No . 2 Was result of d iscusslon in ccmm lttee between the Hospital Assoclaticn and Department of Public Health on how to deal with the information to be glven when we a re asking them inform new mothers on Heim lich maneuvers on newborn infants . Thls would resclve their prcblem: and I would move its adoption .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Any d iscussion? Seeing ncne , all those in favor, say Aye . Opposed , Nay . The Ayes have and amendment is adopted . A re there further amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . At the top of page 6 is Senator O 'Malley , on Senate Bill 358, seeks leave of the Body to return Senate Bill 358 to the Order of 2nd Reading for the purpcses of an amendment. Hearing no objection, leave is granted. And on the Order of 2nd Readlng is Senate Bill 358 . M r . Secretary , are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No . offered by Senator O 'Malley .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator O 'Malley, on Amendment No . 2 .

SENATOR O 'MALLEY

Thank you , Madam President . The bill p rovides that a 28 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslative Day March 19, 1997 condominium board of directo rs shall allow an amendment to the condom inlum instruments granting the owner of a comb ined unit the exclusive right to use a po rtlon of common elements as a lim ited common element if certain conditions are met . What the amendnent does is eliminate one of those cond itions and replaces it with the language that added in body of the amendment, which basically specifies that if the combined unlt dlvlded , part of the unit is sold and the grant is no longer app ropriate , then the condo board may terminate the grant and require the o riginal combined unit to restore the conmon a rea to its orig inal condition.

PRESIDING OFPICER (SENATOR DONAHUE)

PRESIDING OFPICER: (SENATOR DONAHUE) Is there ' - any discussion? Is there any discussion? Seeing none, the question is -- a11 those in favor, say Aye . Opposed , Nay , and the Ayes have it . Are there further amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) The amendment ts adopted . 3rd Reading . Senator Link , fo r What purpose do you rise?

SENATOR LINK

Madam President, a point of personal privilege .

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR LINK

Inadvertently on Senate Bill 228 my button was pushed on a Yes . I would like to be recorded as a No vo te on Senate Bill 228 . PRESIDING OFFICER: (SENATOR DONAHUEL The reco rd Will so reflect. Senator Burzynski, do you Wish to have Senate B ll1 372 returned to the O rder of 2nd Read ing for the purposes of an amendment? Hearlng no objectione leave is granted. On the Order of 2nd Readin: is Senate Bill 372. Mr . Secreta ry , 29 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslative Day March 19y 1997 have there been any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No . 3 , offered by Senato r Burzynski .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Burzynski, on Amendment No . 3.

SENATOR BURZYNSKI

Thank you , Madam President. Senate Amendment No . 3 becomes the bill, gives physician assistants limited prescriptive authority r clarifies the reimbursement of practice , and changes the ratio of physician assistant to physician . Th is is an agreed bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discusslon? Seeing none , all those in favor, say Aye . Opposed , Nay . The Ayes have it, and the amendment ls adopted . Are the re furthe r amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . Senato r Rauschenberger seeks leave o f the Body to return Senate Bill 373 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill Secretary , are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No . 2, offered by Senato r Rauschenberger.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger, on Amendment No .

SENATOR RAUSCHENBERGER

Thank you , Madam President , Ladies and Gentlemen of the Senate . Amendment No . 2 -- Flco r Amendment No . 2 to Senate Bill adds an effective date to the bill. We feel it 's p retty STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9 : 1997 noncontroversial. PRESIDING OFPICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, a11 those in favor r say Aye . Opposed , Nay . The Ayes have it, and the amendment is adopted . Are the re further Floor amendments approved for consideration? SECRETARY HARRY : No further amendments repo rted . PRESIDING OPFICER : (SENATOR DONAHUE) 3rd Reading . Senator Fitzgerald , on Senate B ill 423 , do you - - out of the record . ...the record . Senator Sieben, on Senate B ill -- Senator Fawell, for What purpose do you rise? SENATOR FAWELL : ' I wanted to brin: Senate Bill 38l back to 2nd . PRESIDING OFFICER: (SENATOR DONAHUE) With leave of the Body r we dll come back to that if that isr in facty the case . Let 's go to Sena tor Sieben, on Sena te Bill 428. Senator Sieben seeks leave of the Body to return to the O rde r of 2nd Reading for the purposes of an amendment. Hearing no objectionr leave is granted. On the Order of 2nd Readlnj is Senate Bill 428 . Mr. Secretary , there -- are there any Floor amendments app roved for consideration? ' . SECRETARY HARRY : Amendment No . 2, offered by Senator Sieben . PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Sieben, on Amendment No . 2. SENATOR SIEBEN : Thank you r Madam President . Amendment No . 2 is a technical amendment to correct a d rafting error. It replaces the Word ''by '' with the words ''the rules of''. Move for its adoption . PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing 31 I STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 none , a1l those ln favo ry say Aye . Opposed , Nay . The Ayes have Amendment is adop ted . Are there further Floor amendments approved for consideration? M r. Secretary r are there ...

Harry (surname or first name uncertain)

No further amendments reported , Madam President.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Read ing . Senator Butler, do you seek leave of the Body to return Sena te Bill 436 to the Order o f 2nd Reading? Out of the record . Senator Klemm , do you seek leave of the Body to return Senate Bill 469 to the Order of 2nd Read ing for the purposes of an amendment? Hearing no objection, leave is granted. And on the Order of 2nd Read ing is Senate Bill 469 . Mr. Secretary: are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No . 2, offered by Senator Klemm .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm , on Amendment No . 2.

SENATOR KLEMM

Yes . Thank you r Madam President . This amends the Illinois Public Relations Act, and it pertains only to tée 9-1-1 dispatchers. We include a definition of ''d ispatchers .'' We include the exemp tion of 9-1-1 from the Public Relations Act , and I Wanted to thank publlcly Mr. Ray Ha rris from AFSCME Council for h is suggestions on reaching an ag reement on this legislation . know of no opposition , and I ask for your suppo rt.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, all those in favor, say Aye . Opposed , Nay . The Ayes have it , and the amendment is adopted . A re there further amendments app roved for consideration?

Harry (surname or first name uncertain)

No further amendments reported . 32 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997

PRESIDING OFFTCER (SENATOR DONAHUE)

PRESIDING OFFTCER: (SENATOR DONAHUE) 3rd Readlng . Senato r Fawell, do you seek leave of the Body to return Senate Bill 476 to the Order of 2nd Reading? Hearing no objectionr leave is granted. And on the Order of 2nd Reading is Senate Bill 476 . M r. Sec retary , are there any Floo r amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment Ro . 2, offered by Senator Fawell.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell, on Amendment No . 2 .

SENATOR FAWELL

Thank you. This is just a technical amendment that clarifies the emp loyment in a recreational o r educational activity .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any d iscussion? Any discussion? Seeing none , a1l those in favor , say Aye . Opposed , Nay . The Ayes have and the amendment is adop ted . Are there further amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senato r Mad igan z do you seek leave of the Body to return Senate B1l1 490 to the Order of 2nd Read ing for purposes of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading ls Senate Bill 490 . Mr . Secreta ry , are there any Floor amendments app roved for consideration?

Harry (surname or first name uncertain)

Amendment No . offered by Senator Mad igan.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Madigan , on Amendment No . 1 .

SENATOR MADIGAN

Thank you z Madam President and Members of the Senate . Sena te 33 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 19 y 1997 Bill 490 is the domestic vlo lence bill , and Floor Amendment No . to Senate Bill 490 makes three changes in it . It -- it deletes the language that Would have allowed an insurance company to deny life insurance to an individual who bas the significant po tential to be a victim of domesttc violence . Furthe r cla rifies the definition of ''abuse'' to include ha rassment and intim idation , and inserts an exemption for jurisdiction rights of an administrative agency to carry out its autho rity . I would ask for the adoption of Floor Amendment No . l to Senate Bill 490 .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, a11 those ln favor, say Aye . Opposed , Nay . The Ayes have The amendment is adopted . Are there further amendments approved fo r consideration?

Harry (surname or first name uncertain)

No furthe r amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Read tng . Senator Geo-Karis seeks leave of the Bcdy to return Senate Bill 495 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. And on the O rder of 2nd Reading is Senate Bill 495. Mr . Secretary, are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No . 2 , offered by Senator Geo-Karis .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Geo-Karis , on Amendment No . 2.

SENATOR GEO-KARIS

Madam President, Ladies and Gentlemen of the Senate , Amendment No . 2 clarifies that the requirement of youngsters Wearing flotation devlces under the age of thirteen only applies to watercraft under twenty-six feet in length and does not apply to STATE OF ILL INOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997 persons who are below decks or in totally enclosed cabin spaces . And I move for its adoption.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Seein: none y a11 those ln favor r say Aye . Opposed , Nay . The Ayes have it, and the amendment is adopted . Are there further Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments repo rted .

PRESIDING OFPICER (SENATOR DONAHUE)

PRESIDING OFPICER : (SENATOR DONAHUE) 3rd Readlng . Senator Shadid seeks leave of the Body to retu rn Senate B ill 509 to the O rde r of 2nd Reading fo r the purposes of an amendment. Hearin: no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 509 . Mr . Secretary , are the re any Floor amendments approved for consideratlon?

Harry (surname or first name uncertain)

Amendment No . 2, offered by Senator Shadid .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shadid , on Amendment No . 2 .

SENATOR SHADID

Thank you y Madam President. Amendment No . 2 deletes the portion o f the b ill that requires a fingerprint and crimlnal record check -- backg round check . With this amendment , the b ill Will still requ ire a candidate fo r sheriff to be a citizen, and one-year residency of the county , and not be a convlcted felon .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any d iscussion? Seeing none y a1l those in favo ry say Aye . Opposed, Nay . The Ayes have it, and the amendment is adopted . A re the re further Floo r amendments apprcved for consideration? !

Harry (surname or first name uncertain)

No furthe r amendments reported . 35 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day Ma rch 19# 1997

PRESIDING OPFICER (SENATOR DONAHUE)

PRESIDING OPFICER: (SENATOR DONAHUE) 3rd Reading . Senator Dudycz seeks leave of the Body to retu rn Senate Bill 543 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted, and on the Order of 2nd Reading ls Senate Bill 543 . Mr . Secretary , are the re any Floo r amendments approved for conslde ration?

Harry (surname or first name uncertain)

Amendment No . 3, offered by Senator Dudycz.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Dudycz; on Amendment No .

SENATOR DUDYCZ

Thank you, Madam President. Am endment No . provides that cameras can only be used to get a picture o f a vehicle go ing through the red light and is involved in a motor veh tcle accidenty leaving the scene of the accident, or reckless driving that results in bodily injury. And the amendment also removes al1 reference to administrative adjudlcation.

PRESJDING OFFICER (SENATOR DONAHUE)

PRESJDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, all those in favorr say Aye . Opposed z Nay . The Ayes have tt. Are there any -- and the amendment is adopted . A re there further Floo r amendments approved for consideratlon?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading. With leave of the Body, We will return to Senate Bill Senator Peterson seeks leave of the Body to return Senate Bill 558 to the O rder of 2nd Reading for purposes of an amendment. Hearing no objecttony leave is granted. And on the Order of 2nd Read ing is Senate Bill 558. Mr. Secretary , are there any Floo r amendments app roved for consideration?

Harry (surname or first name uncertain)

36 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9r 1997 Amendment No . 1 , offered by Senator Peterson .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Peterson r on Amendment No .

SENATOR PETERSON

Thank you , Madam President . Senate Amendment l adds rail crossings to those a reas that Would be consldered serlous safety hazards for child ren go ing to school , and also would add rail crossings to vehicular trafflc and rail crossings . I ask fo r adoption of Amendment 1.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any dlscussion? Seeing noner those in favor, say Aye . Opposed , Nay . The Ayes have it . The amendment is adopted . A re there further Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No furthe r amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senato r Bu rzynski r do you seek leave of the Body to return Senate Bill 6l0 to the O rder of 2nd Reading fo r the purposes of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 610 . Mr . Secretary , are the re any Floor amendments.approved fo r consideration?

Harry (surname or first name uncertain)

Amendment Na . 1, offered by Senator Burzynsk t.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senato r Burzynskl, on Amendnent No . 1 .

SENATOR BURZYNSKI

Thank you . This amendment clarifles under what circumstances a therapeutically certified optometrist may g ive patient care orders to a licensed nurse.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19 y 1997 none , all those in favo r, say Aye . Oppased r Nay . The Ayes have The amendment is adopted . A re there further Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments repcrted .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Maitland : do you seek leave of the Bcdy to return Senate B ill 665 to the Order of 2nd Read ing for the purposes of amendment? Hearing no objection, leave is granted. And on the Order of 2nd Reading is Senate Bill 665. M r. Secreta ry , are there any Floor amendments approved fo r consideratlon?

Harry (surname or first name uncertain)

Amendment No . offered by Senato rs Donahue and Mad igan.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senato r Madigany on Anendment No .

SENATOR MADIGAN

Thank you, Madam President, Members of the Senate . Senate Floor Amendment No . l to Senate Bill 665 contains the language of four pension b ills that have been introduced in this year 's Session out of the 90th General Assembly . The language incorporated in Floor Amendment No . is the language from Senate Bill 37, Senate Bill 115, Senate Bill 3l1 and Senate Bill 312. A11 of these dealt with changes the State -- out of the -- State public pension systems . A11 of th is language has been heard and approved by the Pension Laws -- Commission . There is m inimal cost to these . The only language that may have some fiscal impact is the language contained Senate Bi11 and I th ink everyone 's gat copies of this, that it 's been distributed , and o therw lse Wculd ask for lts adcption .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any d iscussion? Is the re any discussion? Seelng 38 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslatlve Day March l9# 1997 none , all those in favo r: say Aye . Opposed , Nay . The Ayes have and the amendm ent is adopted . Are there further Flocr amendments app roved for consideratlon?

Harry (surname or first name uncertain)

Amendment No . 3, offered by Senators Maitland and Madlgan .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Maitland , on Amendment No .

SENATOR MAITLAND

Thank you very much , Madam President and Members of the Senate. Senate Amendment No . 3 to Senate Bill 665 incorporates the components in -- Senate Bill 668 and 669 , and -- and they have been app roved by the Pension Laws Comm lssion. They do -- seek to implement the adm inistrative package of TRS . know of no opposition and would move its adoption: Madam President .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any d iscussion? Seeing nonez all those in favor, say Aye . Oppcsed , Nay . The Ayes have it , and the amendment is adopted . Are there further Floo r amendments approved fo r consideration?

Harry (surname or first name uncertain)

Amendment No . 5, offered by Senator Watson .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland wll1 -- is a hyphenated cosponso r. He will present this on -- so , Senator Maitland , on -- with leave of the Body . Leave is granted . Thank you . Senator Ma ttland , on Amendment No . 5.

SENATOR MAITLAND

Thank you very much , Madam President, Members of the Senate . Senate Amendment No . 5 to Senate Bill 665 does implement -- seeks to implement the components contained ln Senate Bill 64 , has been apprcved by the Pension Laws Comm lssion . Would seek and move for the adoptlon . 39 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 19 , 1997

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any d iscussion? Any discussion? Seelng none , al1 those in favo ry say Aye . Opposed , Nay . The Ayes have and the amendment is adop ted . Are there further Floor amendments approved for consideraticn?

Harry (surname or first name uncertain)

Amendment No . 8, offered by Senators Cullerton and DeLeo .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Due to Senator Cu llerton 's absence, Senator DeLeo Will carry this. Senator DeLeo , on Amendment -- w ith leave of the Body . Thank you . SENATOR DeLEO : Thank you, Madam Presidene.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeLeo y on Amendment No . 8. SENATOR DeLEO : Thank you. On Senate Bill 665, Senate Amendment No. 8, alsoz like Senator Mad tgan sa id , this has been approved by -- recommended by the Pension Laws Commission . It 's has minimal costs and it's affectlng a judge with two years on the board of trustees of a community college . ask its adoption. PRESIDING OFFICER:. (SENATOR DONAHUE) Is there any discussion? Any diseussion? Seeing none, al1 those ln favor, say Aye . Opposed , Nay . The Ayes have it . The amendment is adopted . A re there further amendments app roved for considera tion?

Harry (surname or first name uncertain)

Amendment No . 9, offered by Sena tors Cullerton and Rea .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Rea , as a hyphenated cosponsor, Will carry this I amendment. Senator Rea , on Amendment No .

SENATOR REA

40 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 Thank you . Senate Amendment 9 this amendment has been recommended by the Pension Laws Comm isston , and it allows the General Assembly district offiee personnel to purchase credit fo r contractual work , and they must apply by Ma rch 1st of '98 .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Any dlscussion? Seeing none , all those in favorr say Aye . Opposed , Nay . The Ayes have The amendment is adopted . A re there further Floor amendments approved for consideraticn?

Harry (surname or first name uncertain)

Amendment No . 10z offered by Senato r Cullerton .

PRESIDING OFFICER (SENATOR DQNAHUE)

PRESIDING OFFICER : (SENATOR DQNAHUE) W ith leave of the Body , due to his excused absence , we w ill have Senato r Molaro on Amendment No . 10 . Senator Mo laro .

SENATOR MOLARO

Thank you , Madam Cha irman and Members of the Sena te . Senate Amendment No. 10 is just an extension of the optional plan for the Chlcago Teachers ' Pension Code . There 's no cost to it . The -- it 's an optional plan that 's paid for by the members . It sunsetted in 1995. We didn't get the time to allok it to go to the year 2005, and that 'q what this amendment does .

PRESIDING OFFECER (SENATOR DONAHUE)

PRESIDING OFFECER : (SENATOR DONAHUE) Is there any discussicn? Is there any discussion? Seein: none , al1 those in favor, say Aye. Opposed , Nay . The Ayes have ity and the amendment is adopted . Are there fu rther Floor amendments approved for conslderation?

Harry (surname or first name uncertain)

Amendment No . offered by Senator Peterson .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Peterson , on Amendment No .

SENATOR PETERSON

Thank you , Madam President . Amendment 11 is the IMRF package r 41 ! STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9z 1997 Which was approved by the Pension Laws Comm ission , and tbe cost provisions have been removed . Number one, it grants employees with new IMRF emp loye r service credit equal to twenty percent of their service or five years , whatever ls less. Emp loyees could purchase the remalning servlce by paying the employee contributions , plus interest. would permit an inactive member to exclude his o r her spouse from recetpt o f death benefits. Retirees, inactive members are allowed to exclude their spouses from receipt of death benefits . Allow retirees to reduce thelr annuity and to provide additlonal benefits to surviving spouse. It would change references to the educatlonal service region to the regional office of education . It would qrant IMRF authority to admlnister a defined contribution plan or p lans, and lt would include Senate Bili 221, khich kould allow IMRF employees to purchase credit from mllita ry service . I move for adoption of Amendment 11 .

PRESIDJNG OFFICER (SENATOR DONAHUE)

PRESIDJNG OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none , all those in favo ry say Aye. Opposed , Nay . The Ayes have it, and the amendment is adopted . Are there further Ploo r amendments approved fo r consideration?

SECRETARY 'HARRY

Amendment No . offered by Senator Madigan .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan y on Amendment No . 12.

SENATOR MADIGAN

Thank you , Madam President and Members of the Sena te . Senate Floo r Amendment No . 12 to Senate B ill 665 is the language contained in Senate Bill 210, which is the optional retirement proqram for the State Universlty Retirement System , which is the defined contrlbution plan for State Untversity Retirement System emp loyees , and also adds clarifying language to the po rtable 42 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March l9 , 1997 retirement beneflt prog ram r which is -- makes those clarifying languages on that -- on tha t program for State Universlty Retirement System employees . would ask fo r its adop ticnr and otherwise would answer any questions .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none , all those in favor, say Aye . Opposed , Nay . The Ayes have it. Senator Hawkinson. Wait just a second. Can -- Senator Hawkinson .

SENATOR HAWRINSON

W ill the sponsor yield for a question?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Ind icates he 'll yield .

SENATOR HAWKINSON

Senator, on the last couple amendments I have not heard the languaqe I heard on the earlier amendments that they 'd been approved by the Pension Laws Commission. Has this one also be approved by the Pension Laws Commission?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator kadigan.

SENATOR MADIGAN

Thank you , Madam President. Senato r Hawkinson , that 's a very good question . And that's only an oversight on the part of the p resenters -- or the sponsors of the amendments . A11 of these have been app roved by the Pension Laws Conmission .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Further discussion? Seein: noney a11 those in favor r say Aye . Opposed , Nay. The Ayes have it. The amendment is adop ted . Are there any further amendments app roved for consideration?

Harry (surname or first name uncertain)

No further amendments repo rted . 43 i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day Ma rch l9, 1997 PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readtng . Senato r Hawkinson r do you seek leave of the Body to return Senate Bill 672 to the Order of 2nd Readlng for the purposes of amendment? Hearing no objection, leave is granted. On the Orde r of 2nd Reading is 672. M r. Secreta ry y a re there any amendments approved fo r consideration? SECRETARY HARRY : Amendment No . 2 , offered by Senator Hawklnson . PRESIDING OFFICER : (SENATOR DONAHUE) Senator Hawkinsony on Amendment No . 2. SENATOR HAWKINSON : Thank you , Madam President . This is the genetic testing legislation, and Amendment No . 2 is an attempt to add ress several objections that were offered in committee and which I indlcated that the sponsors would address , and I think does. Number one , we more clearly define ''genetic testing'' by accepting the language from the insurance industry . The idea behind this definition is that we do not want to exclude a' ny current practice , whether it 's physical cha racteristics , cholesterol tests: blood tests, urine tests , ' H IV or drug tests , or others from the ab ility of the companies to do what they currently do . So we accepted that languaqe , which protects and preserves a11 of the current teùting that is done by insurance companies to determ ine their ra te maklng . Secondly , there was a paragraph in there dealing with life insurance . It 's always been our intention to exclude llfe insurance from the coveraçe of this bill , and We accep ted the suggestion of the industry to remove the paragraph that they had some questions about. Thirdly, employers had some concern and the Employers ' LaW Council had concern that the orlginal bill m ight be inconsistent for employers ' duties under ADA and other federal Kennedy/Kassebaum legislation. We accepted language from the Employe rs ' LaW Council , which clarifies that employers ' duty 44 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day March 19 , 1997 under the genetic testing 1aw will be consistent with their duties under the federal Act . That 's what this amendment does. It the amendment was adopted without opposition in conm ittee, and would ask for your approval. PRESIDING OFFICER) (SENATOR DONAHUE) Is there any d iscussion? Any d iscussion? Seeing none , all those in favor, say Aye . Opposed r Nay . The Ayes have it . The amendment is adopted . A re there further Floor amendments approved for constderation?

SECRETARY HARRX

No further amendments repo rted .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Walsh , do you seek leave of the Body to return Senate Bill 682 to the Order of 2nd Read ing for the purposes of an amendment? Hearing no objection, leave is granted. On the O rder of Senate Bill -- on the O rder of 2nd Reading is Senate Bill 680 (sic). Have there been any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Anendment No . 1, offered by Senator Walsh.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Walsh, on Amendment No .

SENATOR WALSH

Thank you , Madam President . Amendment No . to Senate Bill 682 clarifies the bill . In the bill there a provision that the audit shall be paid from the circult clerk's appropriation. This amendment merely exemp ts the bill from the State Mandates Act. No reimbursement by the State is required for implementation of this Act.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none , a ll those in favor, say Aye . Opposed , Nay . The Ayes have it . The 45 STATE O F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9 z 1997 amendment is adop ted . Are there further Floor am endments approved fo r consideratlon?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Read ing . Senator Radogno , on Senate Bi11 716. Do you seek leave of the Body to returp to the Order of 2nd Reading fo r the purposes of an amendment? Hearing no objectëon, leave ts granted . On the Order of 2nd Reading is Senate Bill 716 . Mr . Secretary, have there been any Floor amendments app roved for consideratipn?

Harry (surname or first name uncertain)

Amendment No . offered by Senator Radosno .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Radogno , on Amendment No .

SENATOR RADOGNO

Thank you . This amendment ls put in at the -- because of the Department of Labor 's concern that this bill r w ithout the amendment, would possibly come into conflict with federal law : and takes care of that concern .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Hearing none y a11 those in favo r, say Aye . Opposed, Nay . The Ayes have it . The amendment is adopted . Are there further Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Read ing . Senator Karpielr on Senate Bill seeks leave of the Body to return to the Order of 2nd Reading for the purposes of an anendment. Hearing no objectionr leave is granted. On the O rder of 2nd Reading is Senate Bill 723. Mr. Secretary , have 46 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 y 1997 there been any Floo r amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No. offered by Senator Karpiel .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel, on Amendment No. 2.

SENATOR KARPIEL

Thank you , Madan President . Amendment No . 2 to Senate Bill 723 is purely technical. It's just -- was a ,typo.

PRESIDING OFFICER (SENATOR DONARUE)

PRESIDING OFFICER: (SENATOR DONARUE) Is there any d iscussion? Hearing none y a11 those in favor, say Aye . Opposed r Nay . The Ayes have it , and the Amendment is adopted . A re there further Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Fawell, do you seek leave of the Body to return to the Order of 2nd Readln: Sena te Bill 730 for the purposes of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 730. Mr . Secreta ry, have there been any Floor amendments approved for constderation?

Harry (surname or first name uncertain)

Amendment No . offered by Sena tor Fawe'll .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Fawell , on Am endment No .

SENATOR PAWELL

Thank you very much . The amendment clarifies that the bill applies to counties, c ities, villages, incorpo rated towns, or . other municipal entities .

PRESIDING OPFICER (SENATOR DONAHUE)

PRESIDING OPFICER: (SENATOR DONAHUE) Is there any discussion? Any dlscussion? Seeing none , a1l those in favo r, say Aye . Opposed , Nay . Th Ayes have it. The 47 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19 , 1997 amendment ls adopted . A re there further Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments repo rted .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readlng . Senator Syverson seeks leave or the Body to return to the Order of 2nd Reading Senate Bl11 753. Hearing no objection, leave ls granted. On the Order of 2nd Readin: is Senate Bl1l 753 . M r. Secretary, have there been any Floor amendments approved for consideraticn?

Harry (surname or first name uncertain)

Amendment No . 3: offered by Senator Syverson .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson, on Amendment No . 3 .

SENATOR SYVERSON

Thank you , Madam President . Amendment No . 3 is on a request from Senator Rendon, and what it does is make the residency requirement mandatory for the State of Illino is. And that 's the only change it does . Thank you .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing noney all those in favor, say Aye . Opposed , Nay . Th Ayes have lt, and the amendment is adopted . Are there further Floor amendments app roved for consideratfon?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Okay . On page l0 . Senate Bill 755. On the O rder of Reca lls 2nd Reading . Senator Obama, do you -- Senator Obama seeks leave of the Body to return Senate Bill 755 to the Order o f 2nd Reading 48 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day Ma rch 19, 1997 for the purpose of an amendment, Read the b ill -- oh , hea ring no objection, leave is granted. On the Order of 2nd Readin: is Senate Bill 755. Sena tor Obama . Mr . Secreta ry , a re there any Floor amendments approved for conslderation?

Harry (surname or first name uncertain)

Amendment No . 1, offered by Senators Obama and Smith .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Obana , to exp lain your amendment.

SENATOR OBAMA

Thank you , Madam President, Ladies and Gentlemen of the Senate . This bill relates to welfare reform . It facilltates da ta co llection by the Department and makes that data available to independent researchers . This amendment makes a minor substantive change dealing with some of the concerns that Public Department had . There is now no opposition.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Is there any discussion? If noty a1l those in favory say Aye. Opposed , Nay . The Ayes have and the anendment is adapted . Any further Floor amendments approved for conside ration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR RARPIEL)

PRESIDING OFFICER: (SENATOR RARPIEL) 3rd Reading . Senate Bill 800 . Senato r Fawell, do you Wish this bill returned to 2nd Reading fo r the pu rpose of amendment? Senator Fawell seeks leave of the Body to return Senate Bill 800 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 800 . M r. Secretary , are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No . offered by Senator Fawell .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) 49 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March 19 , 1997 Senaeor Fawell.

SENATOR FAWELL

Thank you very much . This amendment does three things . In the event of -- excuse me . In the event of an accident in Illinois, the approp riaee Illinois emergency service aqency would be notified . Requires that M issouri notify IDOT of the adoption o f any rule r plans or completlons of investigations and so on and repeals the Bi-state Section of the bill on July 1st of 2001 . I know of no objection.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, all those in favor , say Aye . Opposed , Nay . The Ayes have and the amendment is adopted . Any further Floor amendments app roved for consideratlon?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . On page Senate Bill 927 . Senato r Rauschenberger . I 'm sorry y Senator Rauschenberge r. On -- on page l0. On page 1l , Sena te B ill 902. Senator Burzynski. Senato r Burzynski, do you w ish Senate Bill 902 returned to 2nd Read ing for purposes of an amendment? Senator Burzynski seeks leave to -- of the Body to return Senate Bill 902 to the O rder of 2nd Readinq for the purpose of an amendment. Hearing no objection, leave is granted . On the O rder of 2nd Reading is Senate Bill 902 . M r. Secreta ry , are there any Floo r amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No . 1 , offered by Senator Burzynski .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator Burzynski.

SENATOR BURZYNSKI

Thank you , Madam President. Senate Amendment No . cla rifies 50 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislatlve Day March 19 , 1997 that an optometrist may spllt fees wlth related professional service provlders with whom the optometrist practices .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, all those favor, say Aye . Opposed, Nay . The Ayes have i*, and the amendment is adopted . Any further Floor amendments approved fo r conslderation?

Harry (surname or first name uncertain)

No further amendments repo rted .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . Now , Sena tor Rauschenbergery on Senate Bill Senator Rauschenberger: do you Want this bill returned to 2nd Reading for purposes of amendment? Senator Rauschenberger seeks leave of the Body to return Senate Bill 927 t' o the Order of 2nd Reading for the purpose of an amendment . Hearlng no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 927. Mr. Secretary, are there any Floor amendments approved for consideraticn?

Harry (surname or first name uncertain)

Amendnent No . 1, offered by Senator Fawell.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Fawell . Orr Senator Rauschenbergerr are you going to explain the amendment?

SENATOR RAUSCHENBERGER

Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Amendment -- Senate Floor Amendment No . 1 to 927 adds , from the suggestion of the Transportation Committee , a fee to be pald by motorcycle riders who sign up for the safety course. This is an effort to expand the accessibility of moto rcycle safety courses that IDOT gives. I vould appreciate favo rable action .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Is there any discussion? Any discussion? If not r a1l those in favor, say Aye . Opposed , Nay . The Ayes have it , and the 51 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 amendment is adopted . Any further Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Read ing . On page is Senate Bill 950 . Senato r Fawell . Senator Fawell, do you wish this bill returned to 2nd Read ing for purpose of amendment? Senato r Fawell seeks leave of the Body to return Senate Bill 950 to the Order of 2nd for the purpose o f an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 950 . M r. Secretary : are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No . offered by Senator Fawell .

PRESIDINC OFFICER (SENATOR KARPIEL)

PRESIDINC OFFICER: (SENATOR KARPIEL) Senato r Fawell .

SENATOR FAWELL

Thank you very much . Thts amendment does several things that were requested by various committee amendment -- Members . It states that the speedin: cha rge of fifteen miles an hour w ill now be raised to ehirty miles an hour to classify as a serious traffic offense . allows one supe rvision for a serious traffic offense on -- as a -- and requires as a condltion o f supervision that the offende r complete a traffic safety course approved by the Conference of Circuit Judges . Allows ind tviduals to perm lt at fifteen yea rs and six months if they a re enrolled in a schoo l and pass the Secretary of State 's written test, and allows as many people ln the front of a pickup truck as there are seat belts . believe that gets the bill in -- in order. A nd I Would ask for an Aye vote .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) A11 right. Is there any discussion? Any further d iscusslon? 52 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19r 1997 If not, a11 those in favor, say Aye. Opposedr Nay. The Ayes have itr and thç anendment is adopted . Any further Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments repo rted .

PRESIDING OPFICER (SENATOR KARPIEL)

PRESIDING OPFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 953. Senator Geo-Ka ris , do you w ish thts bill returned to 2nd Read in: for purpcses of an amendment? Senator Geo-Karis seeks leave of the Body to return Senate Bill 953 to the Order of 2nd Readin: for the purpose of an amendment. Hearing no objecticn, leave is granted. On the Order of 2nd Readlng is Senate Bill 953. Mr . Secretary , are the re any Floor amendments approved fo r consideration?

Harry (surname or first name uncertain)

Amendment Nc . 1 , offered by Senator Geo-Karis .

PRESIDING OFFICER (SENATOR KARPIEL)

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

SENATOR GEO-KARIS

Madam P resident and Lad ies and Gentlemen of the Senate , this amendment adds , quote : ''comm itted w ith knowledqe that such im itation is intended to be used to cause confusion , or to cause ' mistake , or to deceive .'' End of quote . Th is :oes to the ' Infringement Section of the Act to clarify liability in civll action . And I move for its adoption.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Al1 those in -- is there any discussion? Tf nct, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted . Any further Plocr amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) 53 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 26th Legislative Day March 1997 3rd Reading . Senator Rauschenbergery on Sena te Bill 1001 . senate -- Senator Rauschenberger seeks leave of the Body to return senate Bill 1001 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading ls Senate B1l1 1001. Mr. Secreta ry , are there any Ploor amendments app roved for constderation? SECRETARY HARRY J Amendment No . 2 , offered by Senator Rauschenberçer.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger .

SENATOR RAUSCHENBERGER

Thank you z Madam President and Lad ies and Gentlemen of the Senate. Amendment No . 2 is a technlcal clean-up amendment for some drafting m istakes . appreciate its adoption .

PRESIDING OFFICER (SENATOR RARPIEL)

PRESIDING OFFICER: (SENATOR RARPIEL) Any discussion? If not, all those favor, say Aye . Opposed , Nay . The Ayes have it , and the amendment is adop ted . Any further Floor amendments app roved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . END OF TAPE TAPE 2

PRESIDJNG OFFICER (SENATOR RARPIEL)

PRESIDJNG OFFICER : (SENATOR RARPIEL) On page 13 of the Calendar is Senate Bill 1048 . Senator Jones . Senator Jones seeks leave of the Body to return Senate B ill 1048 54 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legisla tive Day March l9, 1997 to the Order of 2nd Readtng fo r the purpose of amendment . Hearing no objection, leave is granted. On the Order of 2nd Readlng now is Senate Bill 1048 . M r. Secretary, a re there any Floor amendments approved fo r consideration?

Harry (surname or first name uncertain)

Amendnent No . 2, offered by Senator Jones .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Jones . SENATOR JONES ) Thank you, Madam President. Amendment No . 2 guts the bill , tu rns it into a shell bill. The parties interested in the bill have not yet come to an agreementr and th is is the reason why it 's a shell bill and I move its adoption .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Is there any discusston? If not y al1 those in favor, say Aye . Opposed , Nay . The Ayes have it , and the amendment is adcpted . Any further Ploor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading. In the middle of page is the Order of 3rd Reading, and we wll1 now proceed with 3rd Reading. And 1et me just mentlon that I believe there 's about two hundred bills on the Calendar that we have to get through before adjournment tomorrowr so it'd be wise if you'd call your bills today when they eome up. And let 's have -- let 's have a llttle quiet . Senake Bill Senator Philip . Senate Bill 2. Senato r Philip . Sena te Bill 3. Senator Bomke . Madam Secretary , read the bill.

ACT ING SECRETARY HAWKER

Senate Bill (Secretary reads title cf bil1) 3rd Read ing of the blll . 55 STA TE O F IL LINU IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Bomke .

SENATOR BOMKE

Thank you , Madam President and Members of the Senate . This is nothing more than a shell b ill intended to provide a veh icle fo r recommendations from the Pension Law Commission on the publlc employee pension, includ ing State Unlversity , State Employees and Teachers . The comm ittee voted 8 to 0 to get the shell b ill out.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Is there any dlscussion on the bill? If not, the question is y shall Senate Bill 3 pass . Those in favor will vote Aye . Opposed will vo te Nay . The voting is open . Have a1l voted kho w ish? Have voted who wish? Have voted who w ish? Take the reco rd , Madam Secretary . On thls questton , there are 54 Ayes , no Nays, 1 votlng Present . And the bill -- having -- and Senate Bill, having -- Senate Bill 3, having received the requëred constitutional majority, is declared passed. With leave of the Body -- well , let's see . Senate B tll 5 . Senato r Radogno . Read -- read the bill r Madam Secretary .

ACTING SECRETARY HAWKER

Senate B ill 5. (Secretary reads title of bill) 3rd Reading cf the b tll.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senato r Radogno .

SENATOR RADOGNO

Thank you r Madam Presldent and Ladies and Gentlemen of the Senate . Senate Bill 5 is an Attorney General inittative. would allow the introduction of evidence of prior sex crimes into a trial of any of the sex offenses which are enumerated in the bill . It allows the court to determ ine exactly what evidence is adm issible . This legislationr whlch is unique to sex offend ers : 56 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 19 , 1997 recognizes the p ropenslty of sex offenders to repeat their crimes, and it allows the court to use this evidence order to help protect society . It 's patterned after the federal rules of evidence . So I would ask for your favorable vote on this blll. PRESIDING OFFICER; (SENATOR KARPIEL) Is there any d iscussion? If not r the question is , shall Senate Bill 5 pass . Those in favor W i1l vote Aye . Opposed , vote Nay . The voting is open . Have all voted who wish? Have all voted kho wish? Have a11 voted who wish? Take the record , Madam Secretary . On this question r there are 56 Ayes , no Nays , none voting Present. And Senate Bill 5, having received the required eonstitutional majority, is declared passed. Senate Bill Senator Radogno . Read the bill y please , Madam Secretary .

ACTING SECRETARY HAWKER

Senate Bill 7 . (Secretary reads title of bill) 3rd Reading of the b ill .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senato r Radogno .

SENATOR RADOGNO

Thank you . Senate Bill 7 is also an initiative of the Attorney General . would increase sentences for 'sex offenders who have been convicted twice of the sex crlmes specified in the bill. Obviously the thrust here is to protect society from these offenders who , again , tend to repeat their offenses . It would allow the judge to impcse a sentence of thirty to sixty years for the second crim inal sexual assaultr and that 's up from the cu rrent six years. If cne of the two offenses is a combina tion of aggravated or predatory sexual offenses, then the offender is subject to natural life ln prison. Ask for your favorable vote on this bill.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) 57 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March l9, 1997 Any discussion? If no t, the question is , shall Senate Bill 7 pass. Those favor w ill vote Aye . Opposed , vote Nay . The vo ting is open . Have a1l voted who w ish? Have al1 voted who wish? Have a1l voted who w ish? On this questlon , there are ... Oh , take the record , Madam Secretary . On this question , there are 55 Ayes , no Nays, none voting Present . And Senate Bill 7, having received the required constitutional majorlty, ls declared passed. Senate Bill 9. Senator Radogno . Read the bill , Madam Secretary .

ACTING SECRETARY HAWKER

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

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator Radogno .

SENATOR RADOGNO

Thank you . This is also an initiative of the Attorney General. This bill actually amends the Obscene Phcne Call Act, and it creates the offense of harassment th rough electronic communication. Essentlally recognizes that today obscene phone calls are not the only form of electronic harassmèntr and it brings the Obscene Phone Call Act into the computer age . Would ask for your favorable vote on this .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any d iscusslon? If not, the question is r shall Senate B ill 9 pass . Those in favo r will vote Aye . Opposed r vote Nay . The voting is open . Have a11 voted who wlsh? Have al1 vo ted who Wish? Have a1l voted who wish? Take the record , Madam Secretary . On this question r there are 54 Ayes, no Nays , none voting Present. And Senate Bi11 9, having recelved the required constitutional majority, is declared passed. Senate Bill l3. Senator Luechtefeld . Read the bill, Madam Secretary .

ACTING SECRETARY HAWKER

58 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION , SENATE TRANSCRIPT 26th Legislative Day Ma rch 19 , 1997 Senate Bill 13. (Secretary reads title of bill) 3rd Reading of the b ill. PRESIDING OFFICER: (SENATOR KARPIEL) . Senator Luechtefeld .

SENATOR LUECHTEFELD

Thank you , Madam Prestdent and Membe rs of the Senate. Senate Bill 13 sinply amends the Crimlnal Code on concealing and aid ing a fugitive . Every person who , w ith the intent to prevent the apprehenslon or aid the escape of a person accused of murder, does - - does any act in furtherance of preventing the apprehension o r alding the escape of that person , commits a Class 3 felony . With - - this particular situation was brought to my attention wtth a -- a double murder of twc younq people in my d istrict, and ln the process , the ind lvidual who suppcsedly d id this fled . It is believed that a 1ot of the fam ily nembers knew where he Was at. The parents o f one of the indivlduals came to me and asked that We do something about -- at the p resent time in our -- in our system , we have immunity for a number of the family members. This -- we 've tightened this bill up. We first put it with sfmply a felony. Wefve noW restricted it to the case of murder and hopefully that we can -- tha t you wl11 give us some green vo tes on th is one .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) A ll right . Any discusston? Senator Jacobs .

SENATOR JACOBS

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

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he Will.

SENATOR JACOBS

You know , it appea rs to me that instead of having a problem we now have W ith bullding more prisons , I think we bre go ing to have 59 S TE F L Z 90TH GENERAL ASSEMBLM REGULAR SESSION SENATE TRANSCRIPT March l9 , 1997 26th Legislative Day to build even more . Every time we turn around y we 're adding a felony to someth ing , and and here , as read this bill, Senator, and maybe you can respcnd to this, We have eliminated the exemption from the offense of concealing or a idën: a fugikive for a parent, child , brother or sister, leaving the exemp tion only for a husband or w ife . Are we asking , as they d id in in Germany du ring World War II, that fam ily members turn in family nembers? It seems to me that sometimes we're goin: just a liktle b1t tco far, and just wonder if you could respond to that. PRESIDING OFFICERI (SENATOR KARPIEL) Senator Luechtefeld .

SENATOR LUECHTEFELD

Senator, we ive taken all of that out o f the btll . It simply is involved u ith the case of -- case of murder .

PRESIDING OFPICER (SENATOR KARPIEL)

PRESIDING OFPICER : (SENATOR KARPIEL) Senator Jacobs .

SENATOR JACOBS

It's my understandin: though that everyone is subject to that, if -- if it 's a murder offense . And you know : and I understand what you 're trging to do, bue, boy, 1'11 tell you, makes awful different -- awful difficult, to me, to understand, as a pa rent , you know . And no one wants to aid and abet anyone , but, 1,11 tell you, just thlnk that, agatn: are We going too far? That 's my only question , Senator. PRESIDING OFFICER : (SENATOR KARPIEL) Further discussion? Senator Hawkinson . SENATOR HAWKINSON : Well, thank you, Madam President. Just to clarify some of the questions asked by the preceding speaker. No k only has this offense been llmited to cases of first degree murderr Senator, but that part of the exemption which applies to a family member having to give up information about where somebody is or that somebody 60 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19, 1997 has committed a crime is also deleted from this b ill. So it only applies to a fflrmative actlons taken in aid in: and abetting . has no t reference whatsoever to the kind of scenario you suggested where someone m iqht be forced to give up information about -- about somebody . It 's only the action of alding and abettlng , hid ing out , send ing to Europe or providin: money , somethin: like this, that is p roscribed in the cases of first degree murder.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Further d iscussion? Senato r Molaro .

SENATOR MOLARO

Thank you. Would the sponsor yield for a question?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) He indica tes he will.

SENATOR MOLARO

A1l right. I 'm reading and it says ''with intent to prevent the apprehension''. So want to know if the intent also goes toward at least general knowledge that the person ls accused . So say it again : meaning that you -- we 're intending to hide him or help him . But, yet, what if I don 't know he 's being accused of murder? What if he just comes'to me and say, ''Hey, the cops are looking fo r me# hide ne in the basement''? And I have no idea what they 're looking for him for, but he happens to be my friend . think maybe it 's DUI or something , so I throw him the basement. Does the knowledge have to be that know he 's -- or I have knowledge that he 's being sought for murder?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Luechtefeld .

SENATOR LUECHTEFELD

Senator, for legislatlve intent, that is that is clearly not the case in this situation .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator Mola ro . 61 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 r 1997

SENATOR LUECHTEFELD

It would ...

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Luechtefeld .

SENATOR LUECHTEFELD

The intent would require that, your objection.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Co llins .

SENATOR COLLINS

Yes. Questton of -- question of the sponsor, please. Senator, at what po int are we talking about? Are we talking about an escaped convicE, someone Who has been tried and -- and sentenced and determined to be a murderer, or are we talking about someone who the police is looking fo r, who has been accused of being a murderer?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senaeor Luechtefeld .

SENATOR LUECHTEFELD

Senator, we dre talking about someone who 's been accused of -- of murder .

PRESIDENG OFFICER (SENATOR KARPIEL)

PRESIDENG OFFICER : (SENATOR KARPIEL) Senato r Collins.

SENATOR COLLINS

Wellr Senator, the -- the problem then goes deeper than what you 're -- what you 're saying . The questions ra ised by some o f the other Senators, I think , is a legitimate one , because thls person has not been tried and convicted of a murder, and it would be very difficult for -- depending on the individual . Probably in my ease, you know , I don 't knoW what I Would do . would probably encourage a relative to go tn and -- and , you know , go th rough the regular court proceed ings, and those people that probably could affo rd to get the best atto rneys W 11l do that. But then there are 62 STATE O F ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 26th Leqislative Day March l9, 1997 others, if you look at the p rison system right now , it's very obvious that there 's a correlatlon between those persons who are able to pay for expert a ttorneys and the conviction rate . So I think -- most parent would be very , very reluctant to turning in thelr chlld or their close relatives in a case Where that person has been accused , and especially given in light of the fact that many p rosecutors a re anxious, and police departments, because af the outc ry from the community , to make arrests and when a hideous crime has been comm itted , to find somebody to accuse . That's reality today . So we need to look at that . Until we can refo rm our court systems and -- and to brlng about some equity and fairness in that whole p rocess , then we ought to be very ca reful about reaching out and -- and making laws to convict innocent people and makinq them pay higher penalties .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Further discusslon? If not, Sena tor Luechtefeld , to close .

SENATOR LUECHTEFELD

First o f all, Senator, the people are really obstructtng justice in this particular situation, and I think you I I understand where you 're coming from with regard to the accused , but think you need to look at -- at the people , for instance , who -- who have this happen to your son or your daughter, and you - - is very likely you know who did it, but you can 't find them . And in this casez it was several months before the person was apprehended . I think your attitude would be somewhat different you were on the other side of that situation, and -- and understand where you're coming from. And I would just ask for a positive vote on this issue .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) The question isy shall Senate Bill 13 pass . Those in favo r W ill vote Aye . Opposed ; vote Nay . The voting is open . Have al1 voted who w ish? Have a1l voted who Wish? Have all voted Who 63 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day March 1997 wish? Take the record , Madam Secretary . On this issue, there a re 52 Ayes, none voting Nay r 4 voting P resent. A nd Senate B ill 13, having received the required constitutional majority, is declared passed . Senate Btll 65 . Senator Trotter . Read the bill, Madam Secretary .

ACTING SECRETARV HAWKER

Senate B ill 65 . (Secretary reads title of bill) 3rd Reading of the b ill.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senato r Trotter.

SENATOR TROTTER

Thank you very much , Madam President. Th is b ill creates a Minority Environment Scholarship Program to be administered by the Illinols Student A ssistance Commission for mino rity undergraduate and graduate students attending State universities . This initlative was brought about as a consequence of a plight of -- of a student at University of Illino is at Sangamon Who initially wanted to go into medicine for the obvious reasons, o r perceived obvious reasons . of making some money and having a very viable career. Howeverr as her studies continued, she :ot into the whole idea that she loved . research and she wanted to go into environmental studies. But as she started looking into the job opportunities, she realized that these kind of posltlons research -- in scientific research did not pay that much . So she came to me and asked r was there some way that we can so rt of help those students who wanted a career in research by creating a scholarship which would help them defer some of the cost . Presently r we have eleven prograns sim ilar to this throughout this State, and I'm asking the Members here if we can just create a prog ram which the Natural Resource Bustness and Management have asked specifically that they would like to have mo re m ino ritles 64 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislakive Day March l9, 1997 involved . This would encourage more m inorities to particlpate in these kind of scientific research programs and, again, make our community a nuch better place .

PRESIDING OFPICER (SENATOR KARPIEL)

PRESIDING OFPICER: (SENATOR KARPIEL) Further dlscussion? Sena tor Rauschenberger .

SENATOR RAUSCHENBERGER

Thank you, Madam President, Ladies and Gentlemen of the Senate . Although T 'm very respectful of the sponsor 's desire to get more minority students invclved in specific areas, I guess I Would po int out to the Body a couple o f things . Number one , we have the largest monetary award p rogram per pup il in the United States a lready, he lping make eollege affo rdable in the State of Illinois . And with Senator Watscn 's W isdom , and no t necessarily my participatlon, Wefve also just passed another program to make college more affordable . One of the problems in Appropriatlon we 've dealt w ith over the last four or five years a re the -- the sma ll , narrowly defined scholarship programs that are -- currently many of which are housed with the -- the State Boa rd o f Education. Although I certainly applaud the -- the sponso r's desire to help a particula r studener E 'm no t really sure that this is the best direction to go on public policy. As long as We still have preserved our right to do legislattve scholarshipsr I guess I Would encourage us , whichever Senator represents th is student, look very hard to see whether they would meet the qualifications for a legislative scholarship. But I just want to eall that to the -- the attention of the Membership . Thank you .

PRESIDING OFPICER (SENATOR KARPIEL)

PRESIDING OFPICER: (SENATOR KARPIEL) Further discussion? Senator Hendon.

SENATOR HENDON

Thank you , Madam Presldent . I rise in support o f this legislation , and I do want to point out to al1 of my colleagues that in this particular area , I have been working wikh the various 65 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglsla tive Day Ma rch 19 , 1997 departments to -- who have a very low number of minorities, women r Hispanics , in their departments -- various departments of the State, and they say the problem is they cannot find any qualified minorities . They would love to have a mo re balanced wo rkfo rce , but they simply cannot find more quallfted m ino rities or women . This would allow -- the scholarshlps Would allcw more m ino rities to get this -- the deg rees that they need within this specific category to help alleviate that problem . And I urge an Aye vo te , especially during times When we 're cutting welfare and working on wo rk p rograms for people . This would -- this would help . understand my -- my very good friend y Senator Rauschenberger. He is the Chairman of App ropriation and has to be wary of the bottom line: even thcugh I know in his hea rt if he wasn 't Chair of Approp riations, he Would be voting for this bill because I know him personally. know he's a kind person. He's just doing job and responsibility as Chairman of Approp. So please keep that in m ind When you take his advice, and vote Aye on this bill.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Dudycz.

SENATOR DUDYCZ

Thank you , Madam President . A question of the sponsor , please .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he W ill y ield .

SENATOR DUDYCZ

Senato r Tro tter , is there a requirement that the scholarship recip ient must have a -- a g rade point averaqe , a specëfic grade po int average to qualify or to maintain thls scholarship?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator T rotter.

SENATOR TROTTER

Yes and no. Anyone who pursues a degree and has a major, they 66 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Leg islative Day March 19, 1997 must have a -- at least a C average to -- in order to get a degree in that major; however, so the language in this bill would be more deflned, I d id submit an amendment comm ittee asking for that -- at the request of one of the Membe rs , and it was voted down .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senato r Dudycz.

SENATOR DUDVCZ

So there is no requirement. There 's no minimum . You lre saying that there 's a C minimum to -- to graduate, but as far as to parttcipate in this -- in this p rogram , there no m inimum requ irement.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Tro tter .

SENATOR TROTTER

Specifically r to answer your question, the answer is no ; however -- right. But I would happy to put that -- that amendment on the bill, as I 've tried to accommodate the Members over there , but unfortunately , for some reason, you passed the bill out of comm ittee , but then killed the amendments .

PRESIDING OFFICEX (SENATOR KARPIEL)

PRESIDING OFFICEX: (SENATOR KARPIEL) Senator Dudycz.

SENATOR DUDYCZ

How many -- how many students would qualify fo r this type of scholarship? Do you have a number, o r is there -- is there a limit, is there a minimum , maximum?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Trotter.

SENATOR TROTTER

Presently four universities have this environmental program . Out of those programs, there 's only twenty African-Americans, or twenty people Who are minority. We can certainly , aga in y to fine tune thisy put an amendment on it as it goes to the House to limit 67 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997 to fifty ; however, that has not been the case w ith the other scholarships that we have out here. But certalnly , to accommodate you r Senator, I would -- would do that.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Dudycz.

SENATOR DUDYCZ

So there ts no m inimum or maximum . So any -- any student who Wishes to apply for -- for the environmental scholarship program could be in the hundreds o r thousands , is that co rrect?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator Trotter .

SENATOR TROTTER

That's condttiona l to the appropriation that we want to glve thls program . Again, there ls a -- certalnly a need fo r it. The job market has asked and requested more minorities to be on their staff who would be sensltive to the envlrcnmental concerns, because , unfortunately , wha t happens, a 1ot of these environmental dump sites are in -- the m ino rtty distrlcts and minority areas . So certainly they vant someone who can interface and understand the conmunity tn which these environmental dumps are. And also -- and get into it. As I said y out of the four universities, We only have twenty ind ividuals who are eurrently enrolled . That number Would graw, which again would create jobs for individuals, as we are trying to find jobs rlght now wlth thls welfare reform, and of course thts would be a viable job for one.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dudycz .

SENATOR DUDYCZ

Yes. Thank you , Madam Madam President . And : finally , Senator Trotter, how would define m lnority students under this program? Who would be qualified to apply for this?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) 68 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 Senator Trotter .

SENATOR TROTTER

Consider not the majority cf the people who are here, of Caucasian, so minority certainly would be African-American , Asians , H ispanics and people of -- of that o rigin .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dudycz .

SENATOR DUDYCZ

So , basically , this is an affirmative action program for scholarsh ip -- for people of color, excluding Caucasians . That 's What you 're saying , right?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Trotter

SENATOR TROTTER

Not much different from the one that we have a grant now , a scholarship prog ram , for descendants of police and fire and correctional officers. So just because I'm not a police officer, then -- then we can 't get a grant? So , no , what I am -- what I 'm doing herer not belng affirmative action , tryin: to g lve something to one group; I'm trying to expand this pie and make more indiv iduals have these same opportunities that we give to cther groups of people .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Sena tor Dudycz . SENATOR DUDYCZ I Thank you, Madam President. Just -- just to clcse: Senator - - Senator Trotter, unlike the police and firefigbters ' program s that you 've cited , those are -- are gender-neutral , they 're race-neutral, they 're -- they 're ethnic-neutral . All police offlcers are quallfied . This ls they a re all-encompassing , unlike this particula r legislation, which is specific legislation for a segment of our population exclud ing others. And I th ink 69 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 it 's a bad idea . I think we should Mote No .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Further d iscusslon? Senator Welch .

SENATOR WELCH

Thank you r Madam President. I would like to stand in suppo rt of this bill, and thls reason is th is : If you 'd look th roughout the United States, you 'll flnd that where many of our landfills are located , they 're in areas where m lno rity indivlduals live . you look here in Illinois on the south side of Chicago , in the suburban areay in that area , we have large landfills . If you look at Robbins and Ford Heights, those are in minorlty areas . This bill will help encourage some m lno rltles to get involved in environmental studies . Perhaps they can come up with some solutions to cleanlng up their oWn areas, the places where they live . I certainly think they have enough incentive to do so . If we give them the inceneive w ith these scholarships that Senato r T rotter has proposed , think maybe we can come up with some solutions. I would urge an Aye vo te .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) /ll right. Further discussion? Senator Butler.

SENATOR BUTLER

Thank you very much, Madam Presldent . I voted to bring this b ill out of ccnmittee because I was bothered by some of the p rem ises that were used to support And since thenr I have been doing extenslve research to determine whether or not there indeed is any exclusionary aspects to any of the funding mechanisms now . In other words, are there were there schola rships that Were specifically denying , in any Way , entrance into the environmental sciences? And no matter who I talked to , and I talked to quite a few people involved , could not find a spec ific case where any -- any m inority , any person , was denied a scholarship to study in the environmental area , specifiea lly . 70 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19, 1997 Now , my p roblem w ith this bill is # think what we 're doing is creating another -- another need for a funding pool . Now , if We need more noney, we have ample number of -- of mechanisms noW to award scholarships, but when we create another oney we cbviously are creatlng a need fo r further funding . And it would seem to me , let 's attack it from what we have now y and we are deficient , let 's correct that. But not -- let 's not c reate this -- this illusion that there 's some specific denial o r exclusionary aspects to this . cannot find that. If We need more money , let's go through the the funding process . If we need to encouraqe in some other way r let 's do tha t, but let 's not create a need , a huge need r for more mo re mcney . Let 's work with what we have . So I would vote No at this point.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Further discusslon? Senatcr del Valle . SENATOR dEL VALLE : Thank you, Madam President. guess -- Wasn 't going to speak , but I 'm a little surp rised at -- at some of the questions eha e have been raised and the amount of time tha t we 've taken to debate this this bill. This bill should have been on an agreed b ill list. I can 't believe that We Would consider voting No on a bill that ls meant to address a serious sho rtage that ve have of minorities in the environmental studies areas. Twenty in the entire State of Illinois . Twenty . And we dre going to say no to establishing a scholarship a fter we 've said yes, certainly , over the years , to medical shortage schola rships , for doctors to serve in underserved areas of tbe State . We dve sa id yes to teacher shortage scholarships y as we should have r because we need to encourage people to specialize in certaln areas where there is a shortage. We 've said yes to wonen athletes in our college system ' in order to make sure that there 's scholarship dolla rs available to ensure access. So if We 've said yes to all those things in the STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 past , why are we sayin: no to this? It doesn 't make any sense . urge an 'Aye vote .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Hendon , for a second time .

SENATOR HENDON

Thank you , Madam President. I apolog ize for rising a second time , but and I would appreciate if we could -- if people would pay just a little b1t of attention. I really thought that this year the Sena te was going to be a kinder, more understanding Body . I really did . And I am surp rised at the tone of this debate . Even though the Words are not harsh r which I apprec iate , the meaning is veryy very harsh and cruel. We 've been here now voting fo r bills , b ill after bill after bill some I dlsagree with slightly , but the sponsor said it was necessary or lt was a vehicle and we voted Aye . This is one of the most important bills for the minority community to come through this Senate this year. And I do not belleve it's just surpristng me that we can so nonchalantly get up and -- and talk agalnst this bill and talk about thousands and thousands of applicants when there 's only twenty in the State right now and when we have already explained that people in the environmental industry are sayins to us a11 the time that there are no m inorlties that they can hire to work in this field. you come my dlstrict or just about any poor d istrict the State, you dll find dumps afte r dumps. The ''mountain of shame'' was in my d istrict . When we tried to get minority contractors on therer the first thing was , ''The re are no minorities dealing w ith p icking up this ga rbage that 's been dumped in your communityy'' but yet, they continue to dump in our community . Where ls your sensitivity? Whe re is your sensitivity? Where is your humanity? We -- we voted just yesterday about the partial-birth abo rtlon . I voted alon: the lines of humantty . This is a humanitarian bill. And I just urge you, before you so 72 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslative Day March l9 , 1997 nonchalantly vote No , especially those of us who conside r ourselves Christlans and Hborn agaln'' or whatever, that you could vote against a b1ll that w ill glve some poo r minorlties an opportunity to go to college and be somebody lnstead of swellinç the prison system . Because if you look around , we have mo re black men in prison than in college . That is a crisis, and we need to address it. I urge you to please vote Aye .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any further dlscussion? Senato r Lauzen.

SENATOR LAUZEN

Thank you , Madam President. Just a questlon for the sponso r. And I wasn't I wasn 't go ing to ask any questions or get involved , butr I mean , th is is some serious ... The question is : Why is it that the folks who are pursuing study in environmental areas, why don 't they participate in the ISAC plan? I mean , What - - what is it that holds everybody from participating the systems that are already currently set up?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Sena tor Trotter.

SENATOR TROTTER

I 'm certain cannot specifically answer that question , unfortunately; however, this -- the language here and this -- this Whole prog ram aetually has been supported by ISAC . They kere in committee and said they were in suppo rt of a program of this nature . So I guess they may have the answer of why -- they have not participated in the past, but they also have seen the need of th ts prog ram going forward .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Any further discussion? If not, Senator T rottery to close .

SENATOR TROTTER

Thank you very much, Madam President , Members of the Senate . To Sena tor Dudycz, you regularly talk about affirmative action STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 r 1997 p rogramsy and certainly thts is not one of them . There are programs that do fall up -- under that catego ry . Oppo rtunities that we give ind tviduals today , to those who have been historically denied them in the past, does not make a -- an affirmative action p rogram . You know , certa tnly we are trying to recttfy some wrongs that have been done in the past, but this is not one of them . This isn 't a Wrong . This called an opportunity for an lndividual to pursue a study in a discipline that they enjoy. But, unfortunately, because they did not have rich parents, they cannot go to schocl and have all their bills paid fo r. They have to take out loans, and once they 're through with school, they have to pay those loans back . As a consequence of the -- oë the tuition continually go ing up I understand there 's supposed to be another tultion lncrease this year their loan is going to get bigger. A1l they want a job that's going to allow them to have a -- a meaningful life and a vtable life and also be pay -- pay back these loans. This addresses that concern . Senator -- and r Senator Butler, you talked about that you spoke to a lo t of indlviduals. I don 't know exactly who you spoke with. Certainly probably not too many from your district, 'cause your district doesn 't have a very sizable m inority community . So I'm -- certainly that those individuals that do have these concerns would not ordinarily come to you . They have come to me because T am empathetic to -- to their problems and also hopefully can articulate them a little bit better because too , reside in those eommunitles that are impacted on these with these environmental dump sites . So 1, too , thlnk that I was the one chosen: and those indiv iduals have found me: and am trying now to rectify what they feel has been a wrong, or at least a problem in their community. Thls is and just -- I'm sorryr just one more thing, back to Senator Dudycz. put forth Amendment No . l which had specified that a student Who receives a STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997 mlnortty environmental scholarship must maintain satisfactory academic p rogress in order to keep the schola rship . This language was written by and suggested by ISAC and is standard language for scholarship programs in the Hlgher Education Assistance Act . put that amendment forward . You didn 't want to vc te for don 't know why . I 've tried to accommodate each and every one of you , and What I 'm asking for now , please accommodate these students who want to go to school, who want to gc ahead and study in this needy -- this needy prog ram , and give me an Aye vote . Give them an Aye vote . Thank you.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Okay . The question is, shall Sena te Bill 65 pass . Those in favor will vote Aye . Oppcsed , vote Nay . The voting open . Have all voted who wish? Have all voted Who Wish? Have al1 voted who Wish? Take the reco rd r Madam Secretary . On this question , there are 25 voting Aye , 17 voting Nay, 10 votlng Present. And Senate Bill 65, having not received the required constitutional majority, ls declared failed . Senate Bill 77 . Senator Lauzen . Senate Bill 79. Senator Rauschenberger. Senate Bi1l 106. Senator Butler. Senate Bill 123. Senato r Hawkinson . Read the blll, Madam Secretary .

ACT ING SECRETARY HAWKER

Senate Bill 123. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Hawkinson .

SENATOR HAWKINSON

Thank ycu , Madam President. This is an initiative of the Attorney Genera l's O ffice in response to his Task Force on Sexual Assault. It creates a Sex Offender Management Board to develop a set of prctoco ls for evaluation , identification, counseling and 75 STATE OP ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day Mareh 19 , 1997 monitoring of sex offenders sentenced in this State , realizing that w1th some, no rehabtlitation ts possible. W e acccmmodated the w ishes of some of the Democra tic Members of committee by clarifying that on this Board will be a representative of the Cook County Public Defender or his or her designee y as well as a member from the State Appellate Defender or h 1s or her designee . Be happy to try and answer any questions, otherwise ask for an affirmative vote .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If nct , the question is , shall Senate Bill 123 pass . Those in favor, vote Aye . Opposed r vcte Nay . The vcting is open. Have all vcted who wish? Have all voted Who wish? Have all voted who wish? Take the record, Madam Secretary. On this questlon r there are 54 Ayes , none voking Nay , none votlng Present . And Senate B ill 123, having received the required constituttonal majoritye is declared passed. Senate Bill 131. Senator Madigan . 132. 138. Senake B1ll 140 . Senator Radogno . Is -- Senator Radogno? Senate Bill 151. Senator Mahar . Read the bill , Madam Secretary . ACTING SECRETARY HAWKER : Senate Bill 151. (Secretary reads title of bill) 3rd Reading of the btll . PRESIDING OFFICERZ (SENATOR MARPIEL) Senator Mahar . SENATOR MAHAR : Thank you , Madam Prestdent. What Senate Bill l51 does is establish a check-off p rogram for the Illinois Propane Tndustry that enables those engaged in the sale and distrlbution of propane gas to traln its employees in the safe handling and constantly changing regulations dealing With p ropane gas and to provide education for propane consumers. This check-off is slmilar to the 76 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leg islative Day Marc: l9 , 1997 check-off we now have for corn, soy beans, beef and pork. It is a Way for *he Illinois industry to paol resources and p rovlde tra ining and education as an industry , rather than as indivldual businesses . The bill is d rafted sim lla r to the federal bill tha t was passed in 1996. The federal Act p rovtdes that twenty percent of all money collected by the federal Act in Illinois be returned to Illinois Illino is has this program in place . This is seric tly a voluneee r program , and the p roqram does not involve any State funds o r any tax .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any d iscusslon? If no t, the question is, sha ll Senate B ill 151 pass . Those in favor Will vote Aye . Opposed: vote Nay . The vcting is open . Eave al1 vo ted who wish? Have all voted who wish? Have al1 voted who Wish? Take the record , Madam Secretary . On this question, there are 54 vo ting Aye , none vo ttng Nay y none votlng Present . And Senate Bill 151 , having received the required constitutional majorityy is declared passed. Senate Bill 156. Senator Jacobs . Senate Bill 175. Senator Petka? Senate Bill 182. Senato r Rauschenberger . On page is Senate Bill 198 . Senator Madigan. Senate B ill 209 . Senato r Carroll. Senate Bill - - 239. Senator Rauschenberger. Senate Bill 250 . Senato r Rea . Senate Bill 287 . Senator Luechtefeld . 299 . Senator Rauschenberger. Senate Bill 304. Senator Sieben . 305. Senaeor Sieben. Read the bill , Madam Secreta ry .

ACTING SECRETARY HAWKER

Senate B ill 305 . (Secretary reads title of bill) 3rd Reading o f the bill .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sieben.

SENATOR SIEBEN

Thank you , Madam President. This legislation deals W ith the STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day Ma rch l9 , 1997 Agrichemical Ineident Response Fund that was established 1990. It would provide that new facilities that have been opened in recent years would now be allowed to pay five hundred dollars per year into that Fund and receive coverage . comes from the Department of Agrtculture . It 's their leg islation . know of no opposielo n to this bill.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If noty the question is, shall Sena te Bill 305 pass. Those in favor w ill vote Aye . Oppcsed r vote Nay . The voting is open . Have all voted Who wish? Have al1 voted who w ish? Have all voted Who w ish? Take the record , Madam Secretary . On this question r there are 55 voting Aye , none voting Nay , none voting Present. And Senate Btll 305, having received the requ ired constituticnal majority, declared passed. Senate Bill 327. Senator Pa rker. Read the bill, Madam Secretary .

ACT ING SECRETARY HAWKER

Senate Bill 327. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OEPICER (SENATOR KARPIEL)

PRESIDING OEPICER: (SENATOR KARPIEL) Senator Parker.

SENATOR PARKER

Thank you, Madam President, Ladles and Gentlemen of the Senate . Senate Bill 327 amends the Alzheime r's Disease Assistance Act . It p rovides that at least two regional Alzheimer 's Disease Assistance Centers shall be located to serve the Chicago metropolitan area . One of those now is Rush-presbyterian-st. Luker and thls one will allow Northwestern University . There is a third cne downstate , Southern Illinois Dniversity . It allows ...

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Excuse me y Sena tor Parker. 78 STAT E O F ILL INU IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislatlve Day Ma rch 19 , 1997

SENATOR PARKER

Ye s .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Could we have a llttle quiet in the Chamber, p lease , so that the sponso rs don 't have to shout . Thank you .

SENATOR PARKER

It will allow Northwestern University to be designa ted as an A lzheimer 's Disease Assistance Center and therefore receive grants for resea rch and for the development and ma intenance of serv ices with A lzhelmer 's victims . Would ask fo r a favorable vote .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? Senator Rea .

SENATOR REA

A question o f the sponsor.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Indicates she 'll yield .

SENATOR REA

Senato r, I know that in commlttee you expla ined about the hold harmless of the two centers already there, and that any -- and how it would work , any additional monies . Would you care to elaborate on that?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Parker.

SENATOR PARKER

Yes, I will . Presently there is two m illion dolla rs allocated in the budçet to the two p resent A lzheimer 's Centers . One m lllion to Rush-presbyterian-st. Luke . One m illion to Southe rn Illinois University . There ls also an add ltional four hund red thousand that ls not in the budget but that people are trying to work towards obtaining . So what will be occurring , and this w ill be amended in the House - We d idn 't have the exact language he re that the Southern Illinois and Rush-presbyterian wl1l be held 79 STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997 harmless for that initial 2.4 million dollars, is What they're talking about at this po int, and then from there on , the three will divide lnto thirds the additional funding. And that is the agreement that they 're working on that they will be amending in the House .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Collins .

SENATOR COLLINS

Senator Parker, do you have any idea of how many Alzhelmer 's victims we have in Illinois?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator Pa rker .

SENATOR PARKER

There are -- I do not know the exact amount of A lzheimer's victims in Illinoisy but I do know there are at least an estinated hundred thousand indtviduals in the six-county metropolitan region who suffer from Alàheimer's in the Chicago area and that Rush-presbyterian-st . Luke would have to see nearly three hundred patients per day , and only one time, to cover that population . So there is a need for Alzheimer's disease coverage ln the Chicago a rea .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Collins .

SENATOR COLLINS

I am painfully aware of that: and that's -- I thought I heard you said someth ing about they were only getting a millicn dollars . Is that al1 the money We -- we 're talking about?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Parker.

SENATOR PARKER

What is occurring , there is a g rant from the State where Rush-presbyterian gets a million dollars and Southern Illino is 80 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19, 1997 University ge ts a millionr so there 's a combined two million dollars . We Would llke to lobby to get more money fo r Alzheimer 's patients because certainly Ncrthwestern has been very good tn con ing up with grants from the federal government for research , but then with this add itional grant that they can get, hopefully , they can actually serve the Alzheimer 's patients. So I Would welcome any support , as far as working towards more funding for this very important issue .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator Collins .

SENATOR COLLINS

Thank you very much , and I will be happy to do know - - we have no impact on this side of the aisle , but that is one initiative that need mo re funding , and will be happy to do Whatever can.

PRESIDING OFFICER (SENATOR KARPIEL)

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

SENATOR JACOBS

Thank you , Madam President. Senator, the Way it looks in this what we 're doing here with the Alzheimerdsr having had a father who -- Who had Alzheimer's and ended up dying from it, it appea rs to me that we 're taklng care of Chicaqo and and a' pa rt of southern Illinois, but there's nothing in between. And just wondered why We didn 't try to take care of the problem r and instead of just adding in one area, to take care of the problem throughout the Who le State .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Parker .

SENATOR PARKER

In 1985 the General A ssembly approved and the Governor signed into 1aW the Illinois Alzheimer 's Disease Initiative r Which g lves a number of State agencies the responsibility for implementing 81 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 portions of Alzheimer's Disease initiatives . And these ADA Centers , so far there have only been two , and now we are add ing a third . It does not mean that there couldn 't be another ; however, we do have to be careful as far as Where the fund ing Would be coming from . But it doesn 't exclude tha t there never could be another Alzheimer 's Center in the State .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Jacobs .

SENATOR JACOBS

Yeah . really don 't have a 1ot problem with that r except I think that beings we 're doing this and -- and if we 're go ing to give special p rivilege to one pa rt of the State , then we shouldn 't fo rget the rest cf the State either. And I think that We should try to massage this a little bit over in the House, and if we could add some, I think that maybe we should do so .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Further dlscusston? Senator Welch .

SENATOR WELCH

Thank you, Madam President. I'd just like to point out that the original b11l that Senator Parker spoke about was part of ten-bill Alzheimer 's package that Senator Rock brought to the Senate back in 1985 , and that 's what we 're now expanding . So this was initially a Democratic initiative , and we commend Senator Parker for building upon Thank you .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Further dlscussion? If not, Senator Parker, to close .

SENATOR PARKER

Thank you very much . I app reciate your support. And ln response to Senator Jacobs , No rthwestern Unive rsity came to me because they a re in my district, and certa inly if there are other opportunities, I 'm ce rtain that they could contact their Senator. And , you know y it 's a good program . I would ask for a favo rable 82 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 r 1997 vote. Thank you .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) The question is , shall Senate Bill pass. Those in favo r kill vdte Aye . Opposed , vote Nay . The votlng is open. Have a1l voted who wish? Rave al1 voted who wlsh? Have a1l voted Who W ish? Take the reco rd , Madam Secreta ry . On this issue , there a re 55 Ayes, 1 voting No , none votinç Present. And Senate B ill 327 : having received the requested (sic) constitutional majority, is declared passed . Sena te Bill 345. Sena tor Cronin . Read the bill, Madam Secretary .

ACTING SECRETARY HAWKER

Senate Bill 345 . (Secretary reads title of bill) 3rd Readin: of the bill .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senato r Cronin .

SENATOR CRONIN

Thank you, Madan President, Ladies and Gentlemen of the Senate . This amends the Children and Family Services A ct . It p rovtdes that al1 records ccncerning foster plaeement and foster parent ldenKifying lnformation shall be confidential and shall noe be disclosed except in certain circumstances . . B e happy to answer any questtons .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senato r Luech tefeld . If there are -- any discussion? If not, the questlon is, shall Senate Bill 345 pass. Those in favor will vote Aye . Opposed , vo te Nay . The voting is open. Have a11 voted who wish? Have all voted Who wish? Have all voted Who wish? Take the record y Madam Seereta ry . On this issuey there are 54 voting Aye , none voting Nay , none voting Presene. And Sena te Bill 345, having received the constitutlonal majority, is declared passed. Senatar Luechtefeld. 83 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leg islative Day Ma rch l9 , 1997

SENATOR LUECHTEFELD

Thank you, Madam President. Point of personal privilege .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) What is your point?

SENATOR LUECHTEFELD

In the gallery behind the Republican Senate a re the grade school qroup from Red Bud , Illinoisr and their teachers are Mrs . W iega rd and Mr. Ringering . Would like to have them stand r if they would , and recognize them .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Welcome to the Senate . Al1 riqht. Senate B ill 350 . Senato r Jacobs . Read the billr Madam Secretary.

ACTING SECRETARY HAWEER

Senate Bil1 350. (Secretary reads title of bill) 3rd Reading of the bill .

P'RESIDING OFFICER (SENATOR KARPIEL)

P'RESIDING OFFICER : (SENATOR KARPIEL) Senator Jacobs .

SENATOR JACOBS

Madam President, in the interest of cleanin: uè the Calendarr I ask this bill be -- re-referred to Rules .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) You 've heard the motion . those favor, say Aye . Opposed , Nay . The Ayes have and the bill shall be so referred . Senate B ill 356 . Senato r Parker. Read the bill, Madam Secretary .

ACTING SECRETARY HAWKER

Senate Bill 356 . (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Out of the record . Senate Bill 358 . Senato r O 'Malley . I 'm so rry : Senator O 'Ma lley . That Was on recall today . Senate Bill 84 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leg islative Day March 1997 366 . Senator Parker. Read the bill, Madam Secretary .

ACTING SECRETARY HAWKER

Senate Bill 366 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OPFICER (SENATOR KARPIEL)

PRESIDING OPFICER : (SENATOR KARPIEL) Senator Pa rker.

SENATOR PARKER

Thank you, Madam President, Ladies and Gentlemen of the Senate. This is merely a bill to clean up on technlcal things that We needed to help for 522 last yea r, as fa r as our w ith adoptions and trying to speedup adoptions . There were some technical changes we needed to make . There is ano ther issue that we a re trytng to add ress, as far as defining ''egregious.'' We will work with that in the House to see if we can come up With some understanding or some language that we feel w ill be appropriate for this issue . I Would ask for a favo rable vote .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senator Hawklnson .

SENATOR HAWKINSON

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

PRESIDING OFFICER (SENATOR KARFIEL)

PRESIDING OFFICER: (SENATOR KARFIEL) She indteates she will.

SENATOR HAWKINSON

Senator, on that last point, I understand that you 're comm itted to bring ing this bill back to the Senate , so even if you don 't reach an agreement in the House on language defining ''egreg iousr'' over which there 's a 1ot of concern , you w ill amend it as least with a technical amendment so that it does come back to the Senate . Is that correct?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) 85 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leg islative Day March l9 , 1997 Sena tor Parker .

SENATOR PARKER

Yes , I will do that .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) No further discussionr the questlon 1s , shall Senate Bill 366 pass . Those in favor will vote Aye . Opposed , vote Nay . The voting is open . Have all voted who w ish? Have all voted who wlsh? Have al1 voted who wish? Take the record z Madam Sec retary . On this question , there are 56 Ayes, none voting Nay , none voting Present. And Senate Bill 366 , having received required constitutional majority, is declared passed. Senator Lauzen, on Senate B ill 374 . Read the billr Madam Secreta ry .

ACTING SECRETARY HAWKER

Senate Bill 374 . (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator Lauzen .

SENATOR LAUZEN

Thank you, Madam President. Senate bill 374 came out of Revenue Comm ittee With a unanincus vote . It 's my understanding that when a businesses leases computer equ ipment , they pay sales tax up front, but when they take out an installment loan fo r the equipment, they pay sales tax on the monthly payments as they 're made . Under the concept of tax falrness , treating a11 taxpayers with slm ilar circumstances the same would mean that We ought to bring these two into the same treatment. So I would just ask for an Aye vote .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Any discussion? If not, the question is , shall Senate Bill 374 pass. Those in favo r will vote Aye . Opposed , vote Nay . The voting is open . Have a1l voted who wish? Have voted Who 86 STATE O F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997 W ish? Have all voted who w ish? Take the record , Madam Secretary . On this question, there are 54 Ayes, voting Nay , none votlng Present. And Senate B ill 374, having received the required constitutional majority, ls declared failed -- mean, passed. So rry , Senato r Lauzen . Senate Bill 381. Senator Fawell . Read the billz Madam Secretary .

ACTING SECRETARY HAWKER

Senate Bill 381. (Secretary reads title of bill) 3rd Read ing o f the bill.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator Fawell .

SENATOR FAWELL

Thank you very much . This provides if a person who files a frivolous lawsuit against the State and Depa rtment of Corrections , Prison (sicl Review Board or any of their employees, the prisoner shall be responslble for the costs of the lawsuits and a deduction will be made from the prisoner's account to pay for the costs . This is modeled after an Arizona Statute. The judge or the persons in charge nust declare that it is a -- was a frivolous lawsuit. In Arizona it cut the number of prisoner lawsuits by fifty percent in one year and .the state attorney general in that state expects the reduction to be reduced by eighty percent. Be glad to answer any questions and ...

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any d iscussion? If not , the question is , shall Senate Bill 38l pass . Those in favcr will vote Aye . Opposed , vote Nay . The votlng is open . Have a11 voted Who wish? Have all voted who wish? Have a11 vcted who wish? Take the record , Madam Secretary . Senate B ill -- on this questlon, there are 52 Ayes , none voting Nay , none voting Present . And Senate Bi11 381, having received the required constitutional majority, is declared passed. Senate 87 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leg islatlve Day March l9, 1997 B ill 404 . Senator Garc ia , for what reason do you rise?

SENATOR GARCIA

For point of personal p rivilege .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) State your po tnt.

SENATOR GARCIA

My button on that last bill was malfunctioning . If I would have been -- if it would have functioned correctly , would have been recorded as voting in favo r.

PRESIDING OFPICER (SENATOR KARPIEL)

PRESIDING OFPICER: (SENATOR KARPIEL) The record W ill so shcw . Senate Bill 404. Senatc r Sm ith . Read *he bill, Madam Secreta ry .

ACTING SECRETARY HAWKER

Senate Bill 404. (Secretary reads title of bill) 3rd Reading of the b ill.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sm ith .

SENATOR SMITH

Thank you , Madam President . And I think -- isn 't there an amendment on th is -- been put on th is blll?

PRESIDING OPFICER (SENATOR KARPIEL)

PRESIDING OPFICER: (SENATOR KARPIEL) The bill is amended and it is on 3rd Read ing .

SENATOR SMITH

It is on 3rd Readlng . Okay . Thank you . The only thing I want to say is that the -- this is the public info rmatton campatgn for the Department of Public Health y thls Bill 404, and its proponents ... Madam Chairman , I thought it was another amendment . Yesterday they put an amendment on it in committee , and it has to go through Rules , I think, befo re I can ... Do you have ... It's Amendment No . 2. So , take it out of the record for today , please .

PRESIDING OFFTCER (SENATOR KARPIEL)

PRESIDING OFFTCER: (SENATOR KARPIEL) 88 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19, 1997 Out of the record . Senate Bill 406. Senator Rauschenberger. Read the bill, Madam Secretary .

ACTING SECRETARY HAWKER

Senate Bill 406. (Secretary reads title of bill) 3rd Readlng of the bill.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Madam President , Ladies and Gentlemen of the Senate . Senate Bill 406 is an effort by the Illinois Retail Merchants to deal With the issue of checks being mailed to people , sometlmes without ldentificatlon , sometimes from applications tha t are actually from stolen o r mlssing or lost deposit sllps . It 's an effort to try to regulate check mills that will provide checks to almost anyone . It 's somewhat of a p rob lematic bill because enforcement 'of this bill is difficult . The p roponents are working together With the opponents and expect to be able to amend this and further refine in tée House. -- bill's got great intent. It's got a few concefns from the enforcement polnt of Miew. There 's a commitment by the tko parties to deal with it in the House . I would app reclate a favo rable roll call .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Welly if there 's no further dlscussion -- Senator Hendon .

SENATOR HENDON

Thank you, Madam Presldent. Will the sponsor yield?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Indicates he will.

SENATOR HENDON

Steve , could you tell us who the opponents are?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator Rauschenberger. 89 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 1997

SENATOR RAUSCHENBERGER

The opponents a re mostly Deluxe Check Printers and a couple of other out-of-state the kind of people that you find in the newspaper inserts on Sunday that you -- you know y checks by mail . Those are the people that are basically concerned that -- that -- the Way we do this regulation is actually -- that they can wo rk with on a posltive basis, 'cause we 'd like to mainta in that access of low-cost checksy but by the same token , we 'd like to na rrcw or lim it the amount of fraudulent checks that are belng ordered . I know of no domesticy Illinols opposition .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) If there 's no further d iscussion? The question is , shall Senate Bill 406 pass. Those in favo r will vo te Aye . Opposed y Nay . The vottng is open . Have voted who Wish? Have a1l vcted who wish? Have a1l voted who Wish? Take the record r Madam Secretary . On this questlon, there are 56 Ayes, none voting Nay , none voting Present . And Senate Bill 406, having received the required constitutlonal majorityr is declared passed. Senator Fltzgerald, on Senate Bill 423 . Senate Bill 431 . Senator Hawkinson . Senate Bill 435 . Senator Butler'. Senate Bill 438. Senator Pa rker . Senate Bill 444. Senator Halvorson. Read th: bill, Madam Secreta ry .

ACTING SECRETARZ HAWKER

Senate Bill 444. (Secretary reads title of bill) 3rd Reading of the b ëll.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Halvorson .

SENATOR HALVORSON

Thank you , Madam President and Members of the Senate . Senate Bill 444 is a good btll fo r our senior citizens. This is a bill initiated by one of my constituents , and it 's designed to give 90 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 19 , 1997 families who are checking their parents into a nursing home more information . Thls bill would change the 1aW by requiring a new form which would clearly explaln to fam llies what might happen to their parents in the future. The form would just simply explain that the nursin: home patient could possibly be discharged if the patiene goes from p rivaee-pay to Medicaid status . There is no opposition to this b ill as tt's been amended , and I ask for a favo rable roll call.

PRESIDJNG OFFICER (SENATOR KARPIEL)

PRESIDJNG OFFICER: (SENATOR KARPIEL) Further dlscussion? Senator Rauschenbe rger. SENATOR RAUSCHENBERGER ) A couple of questians of the sponso r, if she 'll yield .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Indicates she will .

SENATOR RAUSCHENBERGER

Senato r Halvorson , would this bill app ly to facilittes that are strictly private-pay? I'm a little concerned about the application .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Halvorson .

SENATOR HALVORSQN

No , this -- this applies to both . Al1 it 's say ing is that right now there 's this huge contract that they go through and -- and they just slgn, and in their confusion, they're not sure that if their private money runs out , that there w ill be a place for them under Medicaid status .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Well , I guess the question that comes back from the industry is, a nursing homes runs a facility that's strlctly p rivate-pay okay ? - does not take -- does -- Will this bill app ly to them? 91 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leg islative Day Ma rch 19, 1997

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Halvorson .

SENATOR HALVORSON

Well, it app ltes to them , but then they 'll understand What Will happen to them when they 're private pay runs out, 'cause then the ...moved .

PRESIDING OFEICER (SENATOR KARPIEL)

PRESIDING OFEICER: (SENATOR KARPIEL) Senato r Rauschenberger.

SENATOR RAUSCHENBERGER

Wellr do you know What roughly the difference is and rates are between a Medica id and a private-pay? this -- are We attempting to -- to permit the discharge of -- of p rivate-pay favor o f Medicaid ? I mean, are We attempting here to fo rce universal access for Medica id? In other wo rds , a Medicaid fac ility wouldn 't be perm itted to -- or a non -- a p rivate-pay facility wouldn 't be permitted to no t have Med icaid patients?

PRESIDING OFFICER (SENATOR EARPIEL)

PRESIDING OFFICER: (SENATOR EARPIEL) Senator Halvorson .

SENATOR HALVORSON

No . It 's -- if it 's a p rlvate-pay, it 's a p rivate-pay . A 11 this is doing ls inform in: the person when they check someone into the nursing home, what 's go ing on about that, because there are only -- when you have both p rivate-pay and M edicaid statusp there a re only sometimes lim ited Medica id spaces .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

0ne last question . I appreciate the sponscr 's help . Would -- would this manda te, any Way , on a private-pay nursing home the responsibillty to make alternate arrangements or to provide any kind of help or -- or redirection of the patient in case there Wasn 't a next of kin or the patient was not capable of -- of STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslatlve Day March 1997 making their own arrangements?

PRESIDING OFFICER (SENATOR RARPIEL)

PRESIDING OFFICER : (SENATOR RARPIEL) Senator Halvorson .

SENATOR HALVORSON

Absolutely not.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Further d iscussion? Senator Donahue .

SENATOR DONAHUE

Well, thank you , Madam President . have a question of the sponso r.

PRESIDENG OFFICER (SENATOR RARPIEL)

PRESIDENG OFFICER: (SENATOR RARPIEL) Ind icates she 'll yield .

SENATOR DONAHUE

Senato r Halvcrson, hoW does this -- hoW does th is b ill d iffer from what current laW really is today?

PRESIDING OFFICER (SENATOR RARPIEL)

PRESIDING OFFICER: (SENATOR RARPIEL) Senator Halvorson .

SENATOR HALVORSON

Well, most people are told but in conjunction with a huge contract. This is just to clarify the 1aw for a feW people that possibly were not told or who might not underseand wha t could happen d n this stressful time .

ACT ING SECRETARY HAWKER

Senator Donahue .

SENATOR DONAHUE

can -- I can appreciate that, but under our 1aw today , we -- Section 45/2-202, it does say that ''Before a licensee enters a contract under thls Section , it shall p rovide the prospective resident'' or gua rdian there ls one - a ''wrltten notice of the licensee 's poltcy regard ing a discharge of a resident whose private funds fo r payments of care are exhausted .'' Unquote . That's quoted from the Statute and the Section. So I'm not sure 93 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 r 1997 how this b ill -- what it's really doin: excep t dup licating what We already have in the bill -- or r in the law .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) senator Halvorson .

SENATOR HALVORSON

What this is do ing is that at the time of admission o r at contract renewal time , explalning that .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Donahue .

SENATOR DONAHUE

just simply say that's -- at the contracting time is when this Section of the law that exists today klcks Sc , I meanz don 't know What your btll does that's any diffe rent than what We 've already said in Illinois and what this Body has already passed .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Dillard .

SENATOR DILLARD

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

PRESIDING OFFICER (VENATOR KARPIEL)

PRESIDING OFFICER: (VENATOR KARPIEL) Indicates she will.

SENATOR DILLARD

Senator Halvorson , what 's the position , if you know of the Illinois Department of Publlc Health?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Halvorson.

SENATOR HALVORSON

Well, through the series of amendments, they are for as are a11 the other nursing homes.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator Dillard . 94 bTAT E U i' ILL 1 NU 1S 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997

SENATOR DILLARD

. . . presidenty I couldn 't hear . They fre in favcr of it now , as amended?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Halvo rson.

SENATOR HALVORSON

Yes, they are, Senator.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Senator Dilla rd .

SENATOR DILLARD

And how many individuals annually would requlre this form being g lven to whoever ls going to pay their -- their bills in a private situation? How many people a re we talking about each year?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Halvorson .

SENATOR HALVORSON

I don 't have an exact number, but helps one or tWo people in a stressful sltuation, I don 't think that it 's going to take kore than two mlnutes to explain what could possibly happen to them .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dillard .

SENATOR DILLARD

And does now require -- your bill requlre the printing of mo re forms and more paperwork? Is that what thls does?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Halvorson .

SENATOR HALVORSON

No , it doesn dt, Senator .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dillard . 95 STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9, 1997 SENATOR DILLARD : I 'm unclear then . HoW Would somebody know What happens to them if thelr private money runs out? Do they -- are they told orally , or are they given some kind of w ritten document? PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Halvo rson . SENATOR HALVORSON : . It's b0th, but it's orally done. Instead of just something put ln front of them With a number of thinqs in it, this is just o rally done , and then it 's a form that 's signed that 's already there that they can just put in the file. PRESIDING OFFICER: (SENATOR KARPIEL) Sena tor D illard . SENATOR DILLARD : I guess one last question, Madam President . And one of the things I worry about is that -- and I just want to make sure from the sponsor. This bill in no Way , then y Would allow a nursing home to literally kick a senior citizen resident out on the street lf their p rivate money ran out? /RESIDING OFFICER: (SENATOR KARPIEL) Senato r Halvorson. ' SENATOR HALVORSON : No , Senator . PRESIDING OFFICER : (SENATOR KARPIEL) Further discussion? Senato r Severns . SENATOR SEVERNS : Thank you , Madam President and Membe rs of the Senate . 1, too , rise in suppo rt of this b ill , and I 'm a little puzzled by the . debate . In looklng at the analysisy not only does the Nursing Home Association , the Health Care Association , AARP , Senator Donahue , Senator Syve rson , Senato r Parker, Cronin , Mahar , Sm ith , Garcia , Obama and Rea suppo rt it unanimously in conm ittee when it 96 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March 19 r 1997 Was voted upon, to my knowledge , there is no opposltion . So I 'm no t certain why we have all the debate . The -- the homes affected have come in support of it. AARP obviously isn't shy about voicing their support or opposition . They 're in suppo rt. Health Care Associatlon 's in suppo rt, and some who are raising the questions today voted Yes. I would u rge an Aye vote .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER : (SENATOR KARPIEL) Further dlscusslon? Senator Maitland .

SENATOR MA ITLAND

Thank you very much , Madam Presidentr Members o f the Senate . A question of the sponsor, if I m ight, please .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Halvorson. Senator Maitland .

SENATOR MA ITLAND

Thank you , Madam President. And With al1 due respect to the prevlous speaker, Senator, three of the previous speakers over here have sponsored most of the nursing home legislation over the yea rs and we do have some legitimate questlons for clarity, and so that 's the purpose of the questions from -- from this shop over here . Let me -- let me ask a hypothetical, and you , I think y pa rtially answered my question in responding to Senator Dillard . But just assume, for a moment, tha: I have a grandmother in a nursing home , and she is a private-pay ind ividual . The nu rsing home has a poltcy it may be in the contract or not - but has a policy that they 'll have X number of beds for public aid and X number o f beds fo r private-pay . A fter two years r my grandmother goes on public aid and there are no public aid beds ava ilable ln the nursing home . What would be the effect of that situation, I m ight ask the questlon?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Halvorson .

SENATOR HALVORSON

97 STATE OF ELLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day Ma rch l9: 1997 My bill has absolutely no affect on tha t situation Whatsoever. It would not change from what was previously done . This b11l only says you must explain to the person the situa tion . They just need to understand -- there's been several instances in my districty in a nursing home , that they did not understand the 7rOCesS .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Maieland .

SENATOR MAITLAND

Well, and I guess, not being argumentatlve , I think we believe that that -- that part is already the law and trying to -- maybe trying to read into somethin: here -- more into your bill than -- than really is . And what we are doing, perhaps , is reenacting existing law?

PRESIDING OFPICER (SENATOR KARPIEL)

PRESIDING OFPICER: (SENATOR KARPIEL) Sena tor Halvorson .

SENATOR HALVORSON

We 're not reenactinç anythinç . We 're clarifying the law .

PRESIDING OFPICER (SENATOR KARPIEL)

PRESIDING OFPICER: (SENATOR KARPIEL) senator Maitland . All right . Further discussion? Senato r Jacobs.

SENATOR JACOBS

Thank you, Madam Presidentr Lad ies and Gentlemen o f the Senate . 1 , too , am a little bit m iffed here at the discussion . It appea rs to me that a11 we 're doing with this bill - and , Senator, correct me if I'm wrong - we're just saying that you have to notify the patient of What can happen if r in fact , their p rivate-pay money runs out. Nothing else changes. This ls only notification so that the -- the patient knows what is going to happen to he o r she kf. in factr their -- thelr p riva te-pay money runs out . Is that correct?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) 98 STATE OF ILLINO IS 90TH GENERAL ASSENBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19, 1997 Senator Halvarson .

SENATOR HALVORSON

Yes, Senator, thak is correct .

PRESIDING OFFICER (SENATOR RARPIEL)

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

SENATOR DEMUZIO

Thank you , Madam President . You know , you folks ought to be ashamed of yourself . You know , we're -- we 're down to the last -- day before the last day of adjournment. This blll isn't goin: to defeat -- or, it 's not gcing to win an election for the Senator. Let's just vote it Aye and get it out of here. No one's oppesed to this bill. Thank you .

PRESIDING OFFICER (SENATOR RARPIEL)

PRESIDING OFFICER: (SENATOR RARPIEL) Further discusslon? Senator Snith.

SENATOR SMITH

Thank you , Madam President and Ladies and Gentlemen of the Senate. I'd like to just reiterate here that the Senate Bi1l No. 2 -- o rr the amendment becomes the bill and makes the technical changes in the bill, as amended by the Amendment No . 1 . And No . 2 is a recommendation of the Department o f Public Health , then Public Health and the Illinois Health Care Association is neutral on the bill . In comm ittee r the bill came out 10 to nothinq . Every one of the Members of that Comm ittee on Welfare voted Yes for the passage of this b lll to come out of committee . And so I don 't see any reason why we can 't al1 vote Yes and get the bill out. Thank you , very kindly .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Further d iscussion? Senator Bu rzynski.

SENATOR BURZYNSRI

Thank you , Madam President . W ill the sponsor yield fo r a question?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) 99 STA T F LI b 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 19 , 1997 She indicates she Will . ' SENATOR BURZYNSKI: Thank you. I'm just kind of curious and I haven't read through the entire analysis yet , but What is the penalty that 's provided for if they don't have a form like that? Is there a penalty provided in the legislation? PRESIDING OFFICER : (SENATOR KARPIEL) Senator Halvorson . SENATOR HALVORSON : Not in this legislation , no . ' PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski. SENATOR BUR ZYNSRI: Well, as a follow-up y what I 'm hearing is r it 's already current practice or supposed to be current practice according to laW . Do you know if there 's a -- a current penalty? PRESIDING OFFICER: (SENAQOR KARPIEL) Senator Halvorson . SENATOR HALVORSON : No . PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski. SENATOR BURZYNSKI: No further questions. Thank you . PRESIDING OFFICER: (SENATOR KARPIEL) A1l rlght . rf there is no further discussion? Sena tor Halvo rson, to close . SENATOR HALVORSON : Thank you . I app reciate all the concern y but I ask for a favo rable vote. PRESIDING OPFICER: (SENATOR KARPIEL) The question is , shall Senate B ill 444 pass . Those in favor l00 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day March 1997 will vote Aye . Opposed r vote Nay . The vo tlng is open. Have all voted who wish? Have a1l voted who W ish? Have a11 voted Who wish? Take the reccrd , Madam Secreta ry . On that question, there are 32 Ayes, 10 vo tlng Nay, 4 votlng Present. And Senate Bill 444, having received the required constltutional majority, is declared passed . On page the top of page 7, Senate Bill 457. Sena tor Parker. Read the bill, Madam Secreta ry .

ACTING SECRETARY HAWEER

Senate Bi1l 457. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Pa rker.

SENATOR PARKER

Thank you, Madam Presidenty Ladies and Gentlemen of the Senate . Senate Bill 457 am ends the HMO Act to p rovlde that enrollees who are residents of a retirement facility consisting of a long-term care facility and residentlal apa rtments may be referred to that facility 's long-term ca re facllity , even though the facility is not part of the health maintenance organization netwo rk . And this passed out of the Insurance and Pensions Committee unaninously . would ask for a favorable vote and answer any questions .

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any further discussion? If noty the question is y shall Senate Bill 457 pass . Those ln favor Will vote Aye . Opposed , vote Nay . The voting ls open . Have a1l voted who Wish? Have a11 voted Who wish? Have a1l voted Who Wish? Take the record y Madam Secretary . On this question, there is voting Aye: none -- l vo ting Nay , none voting Present . And Senate B ill 457, having received the required constitutlonal majority, is declared passed.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9, 1997 Senator Butler: for What purpose do you a rise, sir?

SENATOR BDTLER

For a correction, please . Was so enthralled with the St. Joseph rose that was just givenr that when Senator Fitzgerald reached over to punch my button, he punched the red instead of green . So I 'd like the record to show that I Would have voted Yes .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) The record will so indicate your intentr Sena to r Butler . Senate Bill 467. Senator Burzynski. Senator Burzynski on the Floor? Senate B ill 483 . Senator Walsh . Senate Bill 521 . Senator Jones. Read ehe bill, Madam Secretary .

ACTING SECRETARY HAWKER

Senate Bill 521. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones .

SENATOR JONES

Thank you r Mr. President . Senate Bl1l 521 , as -- as amended r prohibit a person who may be a witness in a criminal prosecution from selling his testimony for a fee until that defendant has been trled by a court without a jury or a decision rendered by a court with a jury, the -- if the -- if the defendant is to be tried by a jury. It provides that the prohibition does not apply to expert Witnesses z investigators , law enfo rcement emp loyees, attorneys, informants and persons employed by the news media outlet or witnesses and mileage fees as proscribed by Skatute of Ehe Sup reme Court . What this bill does is try to protect the integrity of the coure system and the judicial process. The American Judie ial System ls dependent upon voluntary participatton of its citizens, both as witnesses and as jurors. But when that l02 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9# 1997 -- when that participatlon is linked to cash, such as the 0 . J . Simpson case , such as the case that ls now before the court in Colorado , the whcle system becomes tainted . Tha e's the thrust of the b11l is to keep the integrity of the system to protect the defendant 's rights , to proteet the rights of the system so we can have a falr and equal trial for everyone who is accused . There has been some concerns raised as it relate to the mo tlon picture industry . We will probably have to amend this b ill even further. But tha t's what the bill does, and I ask for a favorable vote .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senato r Hawkinson .

SENATOR HAWKINSON

Thank you , M r. President . I rlse in suppo rt of Senate Bill 521 . There is need fo r an amendment in the House that the sponso r has agreed to r to clarlfy that actions by p roseeutors would not be prohibited or impacted by this billr and he 's agreed to amend lt ln the House . And I support what he 's trying eo do . END OF TAPE TAPE 3

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further dlscussion? FurEher dlscussion? If not: the question is, shall Senate Bill 521 pass . Those in favo r w ill vote Aye . Opposed r Nay . The votlng is open. Have a11 voted Who wish? Have al1 voted who w ish? Have al1 voted Who w ish? Take the record , Madam Secretary . On that questiony there are 55 Ayes y no Nays y no Members votin: Present . Senate Bill 521, hav ing received the required constitutional majority, ls declared passed. Senate Bill l03 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 522. Senator Watson. Senator Watson on the Floo r? Senate Bill 549. Senator Hawkinson. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

Senate Bill 549 . (Secretary reads title of bill) 3rd Reading of the b ill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Hawkinson.

SENATOR HAWKINSON

Thank ycu , Mr . Presldent. This bill 's sponsored by myself, Senator Shadid , Senator Madigan y now by Senato r C layborne and Senator Watson. It ts designed to try and be part of an incentive package to entice DHL World Wide Express to Illinois . There are two Illlno is sites in the running , the greater Peoria Airport is who brought this legislation to Senator Shadid , Madigan and myself. But also Scott A ir Force Base is still one of ehe contenders amonç four other contenders far this site . This is designed to amend the Sales Use Tax Act to create an exemptlon fo r aviation fuel for use or consumption in the operation of an air cargo transportation hub located either w ithin a enterprise zone o r a federal air force base with a ten-year sunset . Obvtously , one of the sites is not successful in a ttracting this hub to Illinois, the bill be of no affect. But we think it will be a useful tool in leveling the playing field to try and attract seven hundred and fifty jobs, and over thirty-five million dollars investment to Illinois. Be happy to answer any questions, o therwise ask for an Aye vote .

PRESIDTNG OFFTCER (SENATOR MAITLAND)

PRESIDTNG OFFTCER : (SENATOR MAITLAND) Is there discussion? Senator C laybo rne . SENATOR CLAYBORNE : Thank you: Mr. President. I -- as -- as the sponso r said z rise ln support of this . We believe that this will be very l04 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 beneficial to -- for the maintaining of the Scott Air Force Base if they are chosen -- if our area is chosen to help that base stay open and to generate jobs for that area along with the expansion of of the MetroLink . And -- we -- 1, along with the sponsor urge an Aye vote on this .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further d iscussion? Senator Lauzen .

SENATOR LAUZEN

Thank you -- thank you , M r. President . I have enormous respect for the sponsors of the legislation and I certainly respect the intention of what we lre trying to do of providing , in this individual circumstance, more jobs paying higher wages. Howeverr I would mention the concerns that what We should be doing in Illinois is providing a climate so that all towns can compete , al1 industries , so that a1l of us have access to these kinds of higher paying jobs. A1l kinds of complexitiesr if we make an exception here who will be the next to come and get an exemption from sales tax . I think that it 's -- it 's a good intention , unfortunately it -- it perhaps is too narrowly defined , benefits just one qroup. As a matter of fact, you might have seen where UPS has recently converted its planes that are cargo carrying right now to passenqer carrying for the weekends . I think that this gets us into some suit that We have stayed away from over the last three-four years of giving specific incentives for jobs by making the whole environment in Illinois one where businesses want to expand their investment. Thank you .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Further discussion? Senator Bowles .

SENATOR BOWLES

Thank you , Mr. President. too , rise in support of this bill. certainly understand Senator Lauzen 's position , but I think that we need to continue to think up innovative ways of l05 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 19 , 1997 retaining what we have and expanding on what we have in the area of -- of Scott Air Fo rce Base . They 're going to be looking at air bases again for the possible of elosure . We have the Metro-Link going out to M id-Amerlca A irpo rt and I think it ls significantly important that we at least address this and make create the opportunity for retention at these jobs and expansion of the jobs. And I would certainly suppo rt Senator Hawklnson in his efforts to get a pcsltive vo te on this issue . Thank you .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Purther discusston? Further discussion? Senator Hawkinson, to close .

SENATOR HAWKINSON

Thank -- thank you , M r. President. And I appreciate the the support of those who have spoken . Just briefly to Senato r Lauzen 's concerns, the past two years We 've passed many measures with my support to improve the business climate in Illinois . think we have improved the business climate in Illinois . We 're a relatively low tax State . The problem is we have tWo sites that are competing for seven hundred and flfty hlgh paying jobs With a facility in Cincinnati. Fuel coits are more expensive in Illinois than they are in Cincinnati. Th is is an attemp t to -- to level the playing field so we can attract those seven hundred and fifty jobs to Illinois and I would urge your Aye vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall Senate Bil1 549 pass . Those ln favor will vote Aye . Opposed , Nay . The voting ls open . Have a11 voted Who wish? Have all voted who wish? Have all voted who wish? Take the record , Madam Secretary . On that question r there are 52 Ayes, no Nays, 4 M embers voting Present . Senate Bill 549 , having received the required constitutlonal majority, is declared passed. Senator Dillard , for what purpose do you arise sir?

SENATOR D JLLARD

STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9 r 1997 Thank you, Mr . Presldent . Just a point of inquiry . I notlce that a number of ou r colleagues today are celebrating Illinois Ag riculture Legislatlve Day : and eating these wonderful lunches provided by the farmers of the State of Illinois. And I'm just cu rious if I give this to my child and they go to a home day care center, would I be arrested under Senator Fitzgerald 's bill from yesterday?

FRESIDING OFFICER (SENATOR MAITLAND)

FRESIDING OFFICER : (SENATOR MAITLAND) Senator Dillard , you have nc children . Senate Bill 557 . Senator Cronin . Read the bill, Madam Secretary . I am sorry -- I am sorry , it's on a recall list . Senate Bill 568 . Sena tor Watson . Senate Bill 570 . Senator Karpiel . Read the bill, Madam Secretary .

ACTING SECRETARY HAWKER

Senate Bill 570 . (Secretary reads tltle of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Karpiel .

SENATOR KARPIEL

Thank you , M r. President. Senate Bill 570 is an issue that 's been around for awhile, ever since the co llar counties and now Cook County and other counties have been capped r but it 's been around for awhile . And wha t it does is that lt provides the EAV that's used to calculate the school aid formula shall be reduced fo r school districts under the tax cap by the difference between the total p roperty tax actually extended by the district and the to tal tax they could have extended had the tax cap no t been in place . It contains a hold harmless fcr districts negatively affected by the change and -- and an amendment was put on in comm ittee that requires a separate appropriation as required -- that they will -- :et there State aid through the appropriated 107 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19# 1997 amount. That 's what it dces .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there d iscussion? Is there discussion? If not r the question is, shall Sena ee B ill 570 pass . Those in favor -- T 'm sorry . Senator Demuzio , I d id not see ycur light.

SENATOR DEMUZIO

Thank you , Mr ...

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzio .

SENATOR DEMUZIO

If -- I 'd llke to pose a queseion to the sponsor, if I might? Senato r, the -- wha t you 're attempting to do here is to capture the growth in those areas where there a re tax caps above -- above the cap fo r access to the formula , but you 're do ing so by -- by suggesting that you will do that, but you w ill then determ lne what that amount is and come in fo r a separate appropriation . Is that right?

PRESIDING OFFICER (SENATOR MAJTLAND)

PRESIDING OFFICER: (SENATOR MAJTLAND) Senator Karpiel .

SENATOR RARPIEL

I think so . I 'm not su re we understand the questionr but I think so . .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Sena tor Demuzlo .

SENATOR DEMUZIO

Well, then perhaps you mlght tell me wha t you are doing . I understand the sepa rate apprcpriation pointy but what 's the subject of the bill? I thought it was that you were attempting to use Whatever the growth is above the tax cap in those areas where there are tax caps for access to the fo rmula fo r more money , but in doing so r that whatever that amount is that you will come in with a separate app ropriation for, that 's ehe way I understood it. l08 I STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel .

SENATOR KARPIEL

All right. Well, the way it works right now . Tt 's we call this the double whammy . In counties tha t a re capped -- in counties that are capped , the way the State Aid Fo rmula wo rks now , as your -- as your countles -- as ycur EAV goes up , your State aid goes down , unde r the State A id Formula . But in the taxed counttes , your -- your assessed valuation goes up by say eight percent, but the cost of living is only three percent, you 're only that district is only able to access that three percent, bu* yet they lose State ald based on the entire eight percent that the EAV went down . And that 's what the bill the basic b ill does . Now Senator Berman put on an amendment to say that this money instead of reallocating the formula the money will come out of a separa te appropriation .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Demuzio .

SENATOR DEMU ZIO

And what do you estimate that -- that amount would be if this b ill were to be law today?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel .

SENATOR KARPIEL

I really have no speclflcs . A rough estimate is scmewhere around fifteen million.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzio .

SENATOR DEMUZIO

Well, I think it was twenty-one million last year. So my guess is probably higher than that this year? What would happen if all of the counties then Went to tax caps? Well, let 's put l09 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day Ma rch 19 , 1997 this way , those counties that are not and haven 't gone to tax caps are going to have some lmpact -- are goin: to be lmpacted by this bill , are they not?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karplel .

SENATOR KARPIEL

All the counties that are -- tha t will be capped will -- will be impacted by th is bill, and When -- if eventually a1l the counties go to tax caps there 's no need for the bill and it will be moot .

PRESIDING OFFICER (jENATOR MAITLAND)

PRESIDING OFFICER: (jENATOR MAITLAND) Further discussion? Senator Demuzio .

SENATOR DEMUZIO

I -- I think I 'm go ing to rise in oppos ition to this blll. This -- this says is tha t we are -- for those counties who wanted their taxés capped and many of them were ln the no rthern part, they got exactly what they wanted . Then durlng the campa ign for Governor, durlng the last period of tlme, there Were those school districts in the -- in the more wealthy districts who -- who had ind icated that they could have more money and get more' access to the formula if they we re afforded the opportunity to come back in by utilizing the growth above the cap . And so r'that estimate last year was around twenty-one m illion . I don 't know What thls bill calls fo r now , even though it 's a separa te appropriation which p robably would never pass . My guess is it 's p robably around twenty-eight m illion dollars . don 't think I 'm prepared to do that today .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Karpiel, to close .

SENATOR KARP IEL

Thank you, Mr. President. Well, just Want to say that STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997 oriqinally the tax caps were put onto the al1 the collar counties . know that some people say that -- that this issue was a part of that debate 'and that everyone knew about it# I was around at that time and I don't remember that. not saying it's not true, but I'm just saying I don't remember it. And it's become quite a -- qu ite a problem in counties that are capped . And 1et me just read off the -- the -- the names of the counties that have now go t tax caps and if you haven 't -- your coun ty -- your school districts haven 't been impacted this year, they certainly w ill next year and the yea rs after thatr now that you have caps . That includes all of the collar counties, and we al1 know what they a re , i: includes Cook County . also includes Boone , Champaiqn, Christian, Franklin, Jackson, Kankakee, Lee, Logan, Macoupin: Menard , Monroe , Morgan , Randolph , Sangamon , Schuyler, Williamson and Winnebago . All those counties now have caps and there will be a question on the April ballot in Adams , McDcnough : McLean , Shelby and Stephenson . Also on April 1st they will be voting on a referendum to cap their counties . So you represent any of these counties that I 've mentioned belleve me your school districts will be having a problem' with this issue if this bill doesn't pass. I ask for an Aye vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) The question is , shall Senate Bill 570 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have all voted who Wish? Have a1l voted Who Wish? Have a l1 voted who wish? Take the record y Madam Secretary . On that question, the re are Ayes, 19 Nays, no Members voting Present . Senate Bill 570 , having recelved the required constitutional majority, is declared passed. Senato r Demuzio r for what purpose do you rise , sir? SENATOR DEMUZIO ) Seek verification .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) ll1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19, 1997 That request is in order. Senator Demuzio has requested a verificaticn of the affirmative roll call . Will a11 Members be in their seats . Madam Secretary , read the affirmative votes , please .

ACTING SECRETARY HAWKER

The following Members voted ln the affirmative : Berman r Burzynski, Butler, Ca rroll , Cronin, DeLeo y Dudycz , Farley, Fawelly Fitzgerald , Geo-Karis, Halvorson, Hendon, Karpiel, Klemm , Lauzen , Link, Mahar, Molaro , Obama , O 'Malley r Parker, Peterson , Radogno y Rauschenberge r, Sieben, Smith , Syverson r Viverito , Walsh , Weaver and Mr. President.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Demuzio : do you questlon the presence of any Member?

SENATOR DEMUZIO

Senator Watson.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson on the Floor? Senator Watson on the Floo r? He 's in -- he didn 't vote , Senator Demuzio .

SENATOR DEMUZIO

Well, I -- I wasn't asking that question, I just wanted to know ... Senator Cronin?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin is in his seat. .

SENATOR DEMUZIO

That 's enough .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) On a verifled roll call there are 33 Ayes, 9 (sicl (19) Nays, no Members vo ting Present. Senate Bill 570, havin: received the requlred constitutional majority, is declared passed. Top of Page 8 is Senate Bill 574 . Senator Obama . Read the bill, Madam Secretary .

ACTING SECRETARY HAWKER

Senate Bill 574. 1l2 STATE O P ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESS ION SENATE TRANSCRIPT 26th Legislative Day March 19, 1997 (Secretary reads title of bill) 3rd Readlng of the b ill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Obama .

SENATOR OBAMA

Thank you , Mr. President, Ladles and Gentlemen of the Senate . Senator 574 is a good bill for local governments by removing minor cases from an often overburdened court docket . This bill perm its municipalities across Illinois to enforce a1l civil Municipal Code violations through a system of admintstrative adjudication as an alternative to court prosecution . This will help pro tect public safety and welfa re by expeditlng the prosecution and correction of Municipal Ccde violatlons. It 'l1 also help With issues such as broken windows and small problems that effect the quality of life in the community. I know of no oppcsltlon to the bill. It passed out of comm ittee unanimously y and I would urge a favorable roll call. Thank you very much .

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR HAWKINSON

Thank you -- thank you , Mr. President . Will sponsor y ield for question?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Ind icates he will yield , Senator Hawkinson .

SENATOR HAWKINSON

Senator, we have ongolng dlscussions and a shell bill moving on the subject of ''P-Tickets'' and youdre familiar with What those are. This bill doesn't impact on that subject at all, does it? It just affects currently valid municipal ordlnances?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Obama .

SENATOR OBAMA

r. r i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day March l9, 1997 That is co rrect . has no impact a t a1l on the ''P-Ticket'' issue . PRESIDING OFFICER: (SENATOR MAITLAND) Further discusslon? Sena tor Geo-Karis. SENATOR GEO-KARIS: Spcnsor yield for a question? PRESIDING OFFICER : (SENATOR MAITLAND) Ind icates he w ill yield , Senato r Geo-Karls . SENATOR GEO-KARIS : I can't -- I didn 't get -- qulte get from your explanation just exactly what you're allowing the municipalities to do to help out in those cases of small infractions . PRESIDING OFFICER : (SENATOR MAITLAND) Senator Obama . SENATOR OBAMA : What -- what 'll be allowed now -- We already have a system whereby municipalities can use the system of adninistrative adjudication to process minor building violationsr code violatlons and so fo rth . A lthough this does not include traffic citatlons which are dealt With entirely sep'a rately . The problem is , apparently , that there are no enfo rcement powers -- no enforcement mechanisms to give these admlnistrative adjudication processes some teeth . And so as a consequence, people are ending up not really using the administrative adjudlcation system that's already been set up . Instead they continue to simply overburden the courts. And so one of the concerns in terms of court watche rs r as well as the Chief Judge in Cook County , ls -- that they can 't use them unless administrative adjudication process actually has some teeth so that we can actually start p rocessing these through adm inistrative hearing process . PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Geo-Karis . ll4 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 # 1997

SENATOR GEO-KARIS

Does this apply statewide or just to Ccok County?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Obama .

SENATOR OBAMA

It -- it applies statewide , but it is optional . So the municipalittes can choose to -- to adopt this -- this type of system , but there 's no requ irement whatsoever that they do so .

PRESJDING OFFICER (SENATOR MAITLAND)

PRESJDING OFFICER: (SENATOR MAITLAND) Further d iscussion? Sena tor Fawell.

SENATOR FAWELL

Thank you very much . Will the sponsor yield for a question?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Ind icates he will yield , Senator Fawell .

SENATOR FAWELL

I hate to admit th is y I got a letter from my Chief Judge , Judge Galasso . Has he Written to you at a11 about this bill?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Obama .

SENATOR OBAMA

He has not discussed it With me at all. Again, we have had no commentary either pro or aga inst other than the proponents of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Senato r Obama , to close .

SENATOR OBAMA

As I mentioned earlier, I think this is a good bill . It relieves an overburdened court process . There may be some lawyers who aren 't entirely happy with it, but I -- 1, as a lawyer, think actually that We need to get to the important cases and -- and be able to deal with these through administrative adjudication process. I'd ask for a favorable roll call , please . l15 ! i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March l9, 1997

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) The question is , shall Senate Bill 574 pass . Those in favor Will vote Aye . Opposed y Nay . The vo ting is open. Have all voted who wish? Have a1l voted who Wish? Have a11 vo ted who wish? Take the record , Madam Secretary . On that question , there are 55 Ayes, no Nays , 1 Member votin: Present . Senate Bill 574, havin: received the required constitutional majorityr is declared passed. Senate B ill 593 . Senato r Senator Collins, for what purpose do you arise?

SENATOR COLLINS

Thank you , Mr . President . I -- I was off -- detained off the Ploor when Senate Bi11 570 was called for a vote, and had been on the Floor would have voted in the affirmative , ahd I 'd lëke the record to show .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins, the record will so indicate your intent . Senate Bill 593 . Senator Peterson . Senate Bill 599 . Senato r Donahue . Read the b ill, Madam Secretary .

ACTING SECRETARF HAWRER

Senate Bill 599 . (Secretary reads title of bill) 3rd Readin: of the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Donahue .

SENATOR DONAHUE

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 599 is a part of a package put forth by our A ttorney General , Jim Ryan . And what Senate Bill 599 does, it amends the State Finance Act, Consumer Fraud and Deceptive Business Practices Acts . And it provides that if a person engaged in an unlawful practice under the Consumer Fraud Act and the victim is at least sixty-five years of age, the court may impose an additional civil 1l6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997 penalty not to exceed ten thousand dollars for each violation . Under Comm ittee Amendment No . 1, this also provldes that fifty percent of the monies deposited in the Elder Victims Fund will be used to investigate and prosecute these cases . And fifty percent of it w ill be used for statewide education of initiatives to inform the elderly persons . And I wculd ask for its favorable roll call, and answer any questions if need be .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there dlscussion? not , the question is , shall Senate Bill 599 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have all voted Who Wish? Have all voted whc wish? Have a11 voted who wish? Take the record : M r. Secreta ry . On that question, there are 56 Ayes, no Nays , no Members voting Present. Senate Bill 599 , having received the required constitutional majority, is declared passed. Senate Bill 605. Senator Madigan. Read the billr M r. Secretary .

Harry (surname or first name uncertain)

Senate Bl11 605 . (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Madigan .

SENATOR MADIGAN

Thank you, Mr . President and Members of the Senate. Senate Bill 605 is simply a vehicle for whatever agreement comes out the discussion between the nurses, the doctors r the hospitals , the Department of Professtonal Regulation, insofar as any changes that may be made in the Nursing Act . And I Would ask for its approval, move it over to the House , and hold it fo r whatever ag reements come out of those discussions .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the ll7 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9: 1997 question isr shall Senate Bill 605 pass . Those in favor will vote Aye . Opposed , Nay . The votin: ls open . Have all voted Who Wish? Have all voted Who wish? Have a11 voted who Wish? Take the record, Mr. Secretary . On that question , there are 55 Ayes: no Nays, no Members voting Present . Senate Bill 605, havlng received the required constltutional majority, is declared passed. Senate Bill 608 . Senator Mad igan . Senate B ill 626. Senator Demuzio . Read the bill , Mr. Secretary .

SECRETARY RARRY

Senate B11l 626 . (Secretary reads title of bill) 3rd Reading o f the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzio .

SENATOR DEMUZIO

Thank you very much , Mr. President. This bill is sponso red by myself and Senator Maitland , and Sieben , and O 'Daniel . This deals with the Cooperative Extension Servlce . It does provide fo r an annual appropriatlon from the Ag Premium Fund . There are different discussiohs that are still continuing . The last amendment that went on changed the effective date from July 1st of thls year to July lst of 1998 . I know of no known opposition, and would ask for your suppo rt.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Is there discussion? If not, the question is, shall Senate Bill 626 pass . Those in favor will vote Aye . Opposed, Nay . The voting is open . Have a11 voted Who Wish? Have a11 voted Who wish? Have all voted who wish? Take the record , Mr. Secretary . On that question, there are 54 Ayes, no Nays , no Members voting Present. Senate Bill 626 : having received the required constitutional majorlty, is declared passed.. Senate Bill 645 . Senator Clayborne . Sena tor C laybo rne on the Floor? 1l8 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 Senate Bill 658 . Senator Lauzen . Read the bill , M r. Secretary .

SECRETARY HARR Z

Senate Bill 658. (Secretary reads title of bill) 3rd Readlng of the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Lauzen .

SENATOR LAUZEN

Thank you , Mr . President. What we have in Senate B lll 658 is an attempt to make operating business in Illinois providinç employment a little bit easier. Basically , rlght now , we have tWo very strange , complicated systems of -- how we define independent contractors . On the one hand we have the State standard out of the Illinois Departm ent of Employment Security , and then on the other hand we have the IRS 'S. What this does ts rather than having two confusing systems ue would just go to the Internal Revenue Service descriptlon , whlch is one confusing system . dcn 't want to defend one or the othery but it does take two pieces of confusion and just make it one piece of confusiony so it's a little b it easier to employ people in Illinois.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Senator Garcia .

SENATOR GARCIA

Thank you , Mr. President . Would the sponsor yield fo r a question?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Indicates he will yield , Senator Garcia .

SENATOR GARC IA

Senato r Lau zen, through th is bill, u ill we now have tuo definitions or th ree definitions of what an independent contractor is?

PRESIDING OFFTCER (SENATOR MAITLAND)

PRESIDING OFFTCER : (SENATOR MAITLAND) l19 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch 19 , 1997 Senato r Lauzen . SENATOR LAUZEN : Itfs netther. Right now , we have two and it would go to one . PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcla . SENATOR GARCIA : I see in my analysis and some of the discussion in eomm itteer Senator Lauzen , related to how this bill impacts several other State Statutes and Acts , such as the Human Rights Act, Personnel Record Review Act, the Minimum Wage Act , and a list of others . Can you tell us what significanee this bill has on those Acts? PRESIDING OFFICER : (SENATOR MAITLAND) Senato r Lauzen . SENATOR LAUZEN : Yes . Yes , thank you very much for that question. Basically , the definition of ''employee'' runs through sb many areas of the Code and a1l this provision does is make it -- makes it consistent in a ll of those Aets, to the one . PRESIDING OFFICER : (SENATOR MAITLAND) Senatcr darcia. SENATOR GARCIA : What may happen to this b1l1 to the -- the intent of this b ill, or to the lmplica tions o f it, should court rulings decide d ifferently than this bill r should this bill become enacted? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen. SENATOR LAUZEN : I 'm under the -- it 's my understanding that once this becomes 1aw that the judges would uphold it in Illinois. What it bastcally 1s , is a simplification of our lives . It 's gcod o1d 1. fashion common sense that if you have two things that a re hurting your if you combine just one thing that's hurting you, it's 120 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 better.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Garcia .

SENATOR GARC IA

To the bill: rlse in opposition to this b ill, because While the stated goal of the sponsor seems to be a gccd one that has some merit or at least sounds -- sounds to be like a good proposal, we 're concerned , and that 's why labor is very strongly opposed to this bill , that it could result as a consequence of changing the standard designated for independent contractors in employers seeking to take advantage of the neW leeway that they wl11 have and to classify more individuals as independent contractors, thereby jeopardizing or resulting in the loss of unemployment insurance benefits and wo rker compensation benefits to workers in the State of Illinois . Therefore, I would urge a No vote .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Geo-Karis .

SENATOR GEO-KARIS

Mr. President and Ladies and Gentlemen of the Senate : unless youdve dealt With sone of these capes in independent contracts, as an.atto rney , the one that is the final a rbiter is to whether that contract is of an independent contractor o r of labo r, the one who determines that is the IRS . What this bill, does -- says the final arbiter is the IRS . No matte r What your labo r contracts may do or say , and what we may think, the IRS is the one that determines whethe r it a case of an independent contractor or the case of an employee. So I urge a favorable conslderation of this bill because let 's not kid ourselves if the IRS says that they 're notr they 're not, no matter how we can stand up on our heads . So 1'support this bill and I ask everyone to vote for it .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) l2l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 Further discussion? Sena tor Jacobs .

SENATOR JACOBS

Thank you , Mr. President, Ladies and Genelemen of the Senate . Would the sponsor yield fo r a question?

PRESIDING OFFICER (SENATOR MATTLAND)

PRESIDING OFFICER: (SENATOR MATTLAND) Ind icates he will yield , Senato r Jacobs .

SENATOR JACOBS

Let me preface my question with the fact that I know we 've had a number of dealings in my office , even With the State of Illinots, with some of the people that they deal With in Corrections to where the IRS is saying , yes , ycu a re an independent -- you -- ''You are not an independent contractory'' and the State 's saying , ''Yes , you are an independent contracto r.'' And it appears to me that it 's very confusing . And, you know , even though I kncw that our good friends from labo r are opposed to this, I guess my real question comes as to Why? And I know that Senator Garcia made some comm ents to this. I know no one from labor has contacted me on this p iece of legislation, that I'm aware of or that I rememberr and it appea rs to me that if you know, if you have one item that tells y6u what should or should not be a independent contractor, then that should make it better. I -- I ag ree with that p remise . I -- I stlll am a little concerned , I guess , as to whether or not Senato r Garcia 's remarks are correct, as to whether ln your judqnent this Will allok it easier to make for independent contractors: and if that's your purpose, or whether it's ycur purpose just to get a clear and concise understandinq af what an independent contracto r may be With one . Body telling us instead of tWo and sometimes more than two .

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR SYVERSON

122 E STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day Ma rch 19, 1997 Thank you , Mr. President . Just a -- a -- a question for the sponsor . PRESIDING OFFICER : (SENATOR MAITLAND) Indicates he will yield , Senator Syverson. SENATOR SYVERSON : It 's my understanding that the current problem is right now as an -- an employer is frustrated because there a re different definltions of subcontractors. And if he follows the guidelines set up under Workers comp versus unemplcyment versus Department of Revenue , if he -- if he follows one guideline and not the others, than he 's h it With fines and penalties . Is that correct? PRESIDING OFFICER : (SENATOR MAITLAND) Senator Lauzen . SENATOR LAUZEN : That can happen . PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson . SENATOR SYVERSON : Second question , we 're not changing what is existing 1aW then , We 're sticking with the current Departkent of Revenue definition of subcontractors. So that is not changing at all. So from thqse who are concerned that we lre ' loosening the definition , this doesn't. That's -- this ls just givlng a standardized definltion. PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Lauzen . SENATOR LAUZEN : That 's correct. Well said . PRESIDING OFFICER : (SENATOR MAITLAND) Is there further d iscussion? Senator Lauzen, you Wlsh to close? SENATOR LAUZEN : Thank you very much . I don 't think that it can be stated more l23 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 eloquently than Senato r Jacobs did . This is not -- the tntent of this b ill is not to make lt easier to be a subcontractor. It 's to make us one standa rd definition and is the current 1aw of the IRS. The White House Conference fo r Small Business a year ago in Washington , D .C ., a delegation of many people from Illinois of a11 genders, a11 race , a1l political denominations , agreed that thls Was one of the top three concerns on their agenda . And our action today Will advance fo rward making it mo re slmple to do business Tllinois .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) The question shall Senate Bill 658 pass . Those in favc r will vote Aye . Opposed , Nay . The votlng is open . Have a11 voted who Wish? Have a1l voted who wish? Have al1 voted who Wish? Take the reco rd , M r. Secreta ry . On that question y there are 34 Ayes , 20 Nays , l Member voting Present. Sena te B ill 658, having received the required constitutional majorityr is declared passed. Senate Bill 659 . Senator Madigan . Read the b ill, M r. Secreta ry .

Harry (surname or first name uncertain)

Senate Bill 659. (Secretary reads titte of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mad igan .

SENATOR MADIGAN

Thank you , M r. P resident and Members of the Senate . Senate Bill 659 ls destgned to address some changes in the Illino is Insurance Exchange . There is to be add itional languaqe on that bill as a result of ongo ing dlscussions and -- and the hope would be that we 'd send it over to the House and it 'll ccme back with those changes fo r us to ccnsider finally ln the Sena te . be glad to answer any questions on Senate Bill 659, and otherw lse would ask for 1ts app roval . l24 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leg islative Day March 19 , 1997 PRESIDING OFFICER : (SENATOR MAITLAND) Is there discussion? Is there discussion? If not , the question is, shall Senate Bill 659 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have all voted Who Wish? Have all voted Who Wish? Have a1l vcted Who Wish? Take the reco rd , M r. Secretary . On that question, there are 56 Ayes , no Nays, no Members voting Present. Senate Bill 659, having received the required constitutional majority, is declared passed. Senator Fawellr fo r what purpose do ycu arise? SENATOR FAWELL : For a point of info rmation. I meant to vote for Senate B ill 658 . I -- I neglected to push my button. I was so busy with the computer I forgot to . So I would like lt so recorded . PRESIDING OFFICER : (SENATOR MAITLAND) The record w ill so indicate your intent, Senator Fawell. Senate Bill -- 667 . Senato r Madigan. Senate Bill 675. Senator Dillard . Senate Bill 677. Senatcr Jacobs . Read the bill, Mr. Secretary . SECRETARY HARRY : Senate Bill 677. (Secretary reads title of bill) 3rd Reading of the b ill; PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Jacobs . SENATOR JACOBS : Thank you , Mr . Presldent and Ladies and Gentlemen of the Senate . Senate Bill 677 has two parts , both of them a re permissive . The first part increases from three million to four m illion the amount of aggregate abatement for property of any commercia l or industrial firm locating within a taxing district from another state y territory or country, during the immediately preced ing year or newly created within the State during the l25 l ! . STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March 19r 1997 immediate p reced ing yea r. And also adds that same abatement to any commercial or industrlal p roperty located in a taxing dlstrict with the intent of expanding a facility or its number of employees. Tbe second part of the bill has to do With a property tax abatement for racetracks which is already in the bill . We had a request to remove the population guidelines on that, and that's wha t the other part of the b ill does . I know of no known opposition and ask fo r your suppo rt.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there d iscussion? Is there discussion? If notr the questton shall Senate B ill 677 pass . Those favcr will vote Aye . Opposed , Nay . The vo tlng is open . Have a11 vo ted who wish? Have a11 voted who wish? Have a ll voted Who Wish? Take the record , M r. Secretary . On that questionr there are 53 Ayes : Nay, 1 Member vo ting Present. Senate Bill 677 , having received the required constitutional majority, is declared passed. Senator O 'Malley .

SENATOR O 'MALLEY

Thank you, Mr . President. I 'm -- I move that We recomm it Senate Bills 678 and 679 to the Rules Comm ittee .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Ma lley has moved that Senate Bills 678 and 679 be re-referred ta Senate Committee on Rules . Those in favor, vote A ye . Opposed , Nay . The A yes have and the bills w1ll be so referred . Senate Bill 680. Senator O 'Malley . Read the bill, Mr. Secretary .

Harry (surname or first name uncertain)

Senate Bill 680 . (Secretary reads title of bt11) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator O 'Malley . 126 STATE O F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 26th Legislative Day March l9, 1997

SENATOR O 'MALLEY

Aqain, thank you , Mr . Presldent and -- and Members o f the Senate . Senate B11l 680 is a shell bill that deals With Banking , Savlngs and Loan , and Credit Union Acts . And What we are requesting , and by the way I 've discussed this with my cosponsorz Senato r Rea , who 's the m inority spokesman on the Financial Institutions Commlttee . This is a precautionary measure that in the event any speclfic legislation is needed lt would avallable in the pipeline , so to speak . I assure everybcdy here , and -- and I th ink We all kncw , thaE if this legislation moves to the House and comes back in some form , it will be reviewed by our committee and will be considered by the full Senate, should it get out of comm ittee . I'd be happy to answer any questions there might be .

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If no t, the question is , shall Senate Bill 680 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have al1 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record , M r. Secretary . On that question , there are 55 Ayes, no Nays, 1 Member voting Present. Senate Bi11 680, having recelved the required constltutional majority, is declarçd passed. Senate Bill 685. Senato r Walsh . Read the bill, M r. Secretary .

Harry (surname or first name uncertain)

Senate Bi11 685. (Secretary reads title of bill) 3rd Read ing o f the bill .

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) Senato r Walsh .

SENATOR WALSH

Thank -- thank you , M r. President. Senate Bill 685 allows, upon approval of the Director, a -- a licensee to ma inta in a limited purpose branch for the sole purpose of extending credit l27 STATE OF ILL INO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legisla tive Day March l9 , 1997 Lim ited purpose branch includes an automatic loan machine . No other activity shall be conducted at the sitez but it 's no t limited to accepting payments, servicing the accounts and collections . I Id be happy to answer any questlons .

PRESIDING OFPICER (SENATOR MAITLAND)

PRESIDING OFPICER: (SENATOR MAITLAND) ls there discussion? Is there discussion? If not, the question is, shall Senate Bil1 685 pass . Those favor will vo te Aye. Opposed , Nay . The voting is open . Have al1 voted who w ish? Have a1l voted Who Wish? Have al1 vo ted Who Wish? Take the record , Mr . Secretary . On that question , there are 51 Ayes , 2 Naysy 2 Members voting Present . Senate B ill 685, hav ing received the required constitutional majority, is declared passed. Senate Bill 690 . Senato r Weaver. Read the bill, M r. Secretary .

Harry (surname or first name uncertain)

Senate Bill 690 . (Secretary reads title of bill) 3rd Readtng of the b ill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver.

SENATOR WEAVER

Thank you , M r. President and Member of the Senate . Senate Bill 690, as amended , incorporates into the Banking Act federally imposed limits upon the amounts of deposits which may be held by a single bank in any one State , and imposes safegua rds to ensure that the requlrements for ncn-lllinois banks seekin: to enter Illino is, pursuant to the authorlty of the federal law , are not circumvented . The federal law ae issue is the Riegle-Nea l Interstate Banking and Branching Act which takes effect on June the 1st, 1997. know of no opposition . there 's any questions, I'd be happy to try to answer them . PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the l28 I STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19r 1997 question is , shall Senate B il1 690 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have al1 voted who wish? Have a11 voted who wish? Have a11 voted who w ish? Take the record , M r. Secretary. On that questlon , there are 54 Ayes , no Nays, 1 Member voting Present . Senate Bill 690 , havin: recelved the requtred constitutional majority, is declared passed. Senate Bill 691 . Senato r Butler. Read the bill, Mr . Secretary . SECRETARY HARRY: Senate Bil1 691. (Secretary reads title of bill) 3rd Reading of the b ill. PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Butler. SENATOR BUTLER I Thank you very much r M r. President . Ladies and Gentlemen, Senate Bill 691, tc me y ls essentially a question of the property rights of the lndlvldual owners of that -- of a piece of property , I should say , ln relation to the installation of -- of cable television . I preface th is by saying that the original bill has been strlpped down so that it now applies only to manufactured housing park -- parks . It does not apply to any o ther kind of installation . And the fundamental argument is whether o r not the property owner has any rights tc dictate , or at least dete rm ine, the kind of installation that is made , when the installation is made and how it is made , and also whether or not he is go ing to be paid for it . The problem we 've run into is that under current law , the -- the installer, the cable company , can come lnto a piece of property like a park and -- and put the cable installation any place they want, when they want it , where they want it , and then come back and decide whether or not there should be any compensation . And I guess it 's something ln oWn makeup that says that 's not quite fair. The property owner ought to have 129 I STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19 , 1997 some right to say when , where or hcw and how much , rather than just -- just get hammered on the head after the fact and be literally forced to make some kind of an agreement with the -- with the company, again , after the fact. So to me that 's -- that's the way it boils down . Dces a property owner have any rlght to determ ine hcw an installation be made, when it is made and where it is made: and also Whether or not that owner justified to have some compensation? There 's been a 1ot of conversation on this, we stripped down the bill because a lot of people got a little nervous . But I think now very clear. It 's very, very clear exactly what we 're talklng about . And I would app rec ia te your -- your vo te of support of -- of individual property rights. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Rauschenberger. SENATOR RAUSCHENBERGER : Thank you r Mr . President and Ladies and Gentlemen of the Senate. just rise in support and point out that in -- in trailer and manufactured home parks frequently it's the owner of the park who installs the gas lines and the electric lines to service the units. There 's no JULIE, there's no registry of the underground utilities. It's a speclal case where it's important that the installation o f cable be coordinated with the owner. So I would urge support of Senato r Butler 's bill . PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? If not , the questlon is , shall Senate Bill 691 pass . Those in favor w ill vote Aye . Opposed , Nay . The voting is open. Have all voted who wish? Have a11 voted who w lsh? Have a11 voted who Wish? Take the record , Mr . Secretary . On that question , there are 48 Ayes , Nays , no Members voting Present. Senate Bill 691, having received the . required constitutional majority, is declared passed. Senate Bill 699 . Senator Rauschenbe rger . Senate Btll -- no . Senate Bill 130 STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997 709. Senator Fitzgerald . Read the btllr Mr . Secretary . SECRETAR: HARRY : Senate Bill 709 . (Secretary reads title of bill) 3rd Readin: of the blll.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Fitzgerald .

SENATOR FITZGERALD

Thank you, Mr . President, Lad ies and Gentlemen . Senate Bill 709 just a vehiele amending the Schcol Codey and I'd appreciate a favorable vote .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Is there d iscussion? Is the re diseussion? If not, the question 1s, shall Senate Bill 709 pass . Those in favor wlll -- will vote Aye . Opposed , Nay . The voting is open . Have all voted who w ish? Have a11 vo ted who wish? Have a1l voted who wish? Take the record : Mr . Secretary . On that questlon : there are 48 Ayesr Naysr 2 Members voting Present. Senate Bill 709 , having received the required eonstitutional majorityy is declared passed. Senatè Bill 710. Senator Fitzgerald. Read the billr Mr. Secretary .

Harry (surname or first name uncertain)

Senate Bill (Secretary reads title of bill) 3rd Reading of the bl11.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fitzgerald .

SENATOR FITZGERALD

Thank you, M r. President . Senate B i11 710 ls an inltlative of the Illino is State Bar Asscciation. It was pointed out that there 's a confltct between the Unifo rm Commercial Code and our Code of Civil Procedure , as to when the Statute of Limitations STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9r 1997 must be commenced for a prom lsso ry note. And the 1aw in the Civil Procedure Code is ten years and currently in the Code of Civil Procedures it's six (sic) years. This would reconcile those two provisions by making the action must be commenced wlthin ten years after -- after the note is matured or demand has been made . A nd there was no opposition , and the bill passed out on the agreed bill list, and I'd appreciate a favorable vote .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discusslon? If notr the question is , shall Senate Bi1l 710 pass . Those in favor will vote Aye . Opposed, Nay . The voting is open . Have a1l voted Who w ish? Have a11 voted who wlsh? Have all voted who w ish? Take the record , M r. Secretary . On that question, there are 56 Ayes , no Nays, no Members votlng Present. Senate Bill having received the required constitutional majority, is declared passed. Senate Bill 712 . Senator Karp iel . Senate Bill 713 . Senator Dudycz. Senate B il1 730 . Senator Fawell. beg your pardon. That Was a recall. beg your pardon . Senator Fitzgerald . Senate Bill 737 . Senate Bi11 740 . Senator Fitzqerald . A1l right. Sènate Bill 747. Senator Fitzgerald. Read the bill. Mr. Secretary .

Harry (surname or first name uncertain)

Senate B ill (Secretary reads title of b1ll) 3rd Read ing of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Fitzgerald .

SENATOR FITZGERALD

Thank you , Mr. President . Thls is -- also is a vehicle bill amending the State Finance Act naking technical changes , and I'd appreciate a favorable vote . Thank you .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) l32 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslative Day March 19r 1997 Is there discussion? Senator Severns .

SENATOR SEVERNS

Thank you r Mr . President, Members o f the Senate . Would the sponsor yield for a question?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Indtcates he will yield , Senator Severns .

SENATOR SEVERNS

I understand you said it 's a vehicle , but can you elaborate just a little bit more, wherever you, ch...

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fitzgerald .

SENATOR FITZGERALD

Yes, Senatcr Severns. I 've actually been wo rking with Senato r Carroll and he is going to have an amendment later today that is go ing to address how contracts are signed and who has to sign off on contracts in the State . We 're going to , hopefully , get Senato r Ca rroll's bills passed . We also Wanted to have another vehicle out there if there are other things people think of durlng the Session, or come up in the Hcuse , on how we can tighten ou r p rocedures for signing contracts in the va rious depa rtnents .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Severns.

SENATOR SEVERNS

Have you even considered some of the bipa rtisan recommendations of a blue ribbon comm lttee on the Illinols Purchasing Act, subm itted?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fitzgerald .

SENATOR FITZGERALD

Yes . That has been brought to my attention and I 'm taking a look at that now. Frankly, just didn't have the time to get to it before the end of our bill deadline this week . That's Why I wanted 133 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leg islative Day March l9# 1997 to have that out there . I'm sure there 'll be somethlng com ing out that we could ag ree to .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discusslon? Fu rther diseusslon? If not, the questlon is , shall -- shall Senate Bill 747 pass. Those in favor W ill vote Aye . Opposed : Nay . The voting is open . Have all voted who wish? Have a1l voted who wish? Have a l1 vo ted who wish? Take the reccrd , Mr . Secretary . On that question , there are 55 Ayes r no Nays, no Members voting P resent. Senate B ill 747, having received the required constitutional majority, is declared passed. Senate Bill 762. Senator Dudycz . Senate Bill 776. Senator Halvorson . Senate Bill 777. Senator Ca rroll. Senator Ca rroll. Senate Bill 778. Senator Karpiel . Senate Bill 781 . Senator Parker . 7817 Senate Bill 795 . Senato r Sieben. Senate Bill 796 . Senator Dilla rd . Read the b ill, Mr . Secretary .

Harry (surname or first name uncertain)

Senate Bill 796 . (Secretary reads title of blll) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator D illard .

SENATOR DILLARD

Thank you z Mr . President and Ladies and Gentlemen af the Senate . Senaee Bill 796 creates the Offense of Custod ial Sexual Assault for acts of sexual penetration o r conduct between emp loyees and p risoners in --1n a -- ln a situatlon where you essentially have a jail type or detentlon type of setting. The bill comes to this Chamber as an initiative of both the Illinois Department of Correctlons and the John Howard Assoctation . It very similar to laws prohibiting sexual misconduct by co rrectional staff in thirty-two states , the federal government and in Canada . It 's been extenslvely editorialized by the Tribune : the Sun-Times, STATE OF ILL INO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 the Daily Herald, the Bloomington Pantagraph, a number of papers throughout Illinois, that we need to do something, especially in light of a situation just recently reported a week ago of guard and inmate sex at the Dwight Correctional Center between female and -- female inmates and male guards at that pa rttcular penitentiary . have wo rked extensively with AFSCME . They are neutral on the btll. We are still working w ith them to try to make sure that frivolous types of charges against gua rds by inmates is - - is -- is somehow w ritten tnto the bill, that we w ill not have a sltuation wh/re a guard would get frivolously charged with custodial sexual misconduct by an inma te . But AFSCME is neutral on the bill. It will probably leave here and be amended the House to take care of AFSCME 'S concerns . But APSCME is neutral . There 's extensive amount cf wo rk by the John Howard Association and the Illinois Department of Correcticns. And I'd be happy to answer any questions . But sexual misconduct is sexual m isconduct whether it 's in o r out of penitentiary and this is long overdue .

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR OBAMA

Will the sponsor yield?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield' Senator Obama.

SENATOR OBAMA

Thank you. just wanted to reiteraEe what my understandtng, Senator Dillard , of -- of where the bl1l is at ab this point , that, facty APSCME and representatives of the -- of the guards are, in fact, in discussions; that they fve got some serious concerns to make sure that b0th frivolous issues that -- that might be raised by an inmate are taken ca re of. And also Ehat po tentlally , if there may be certain circumstances where there 's consensual issues between inmates and -- and the guards , that even l35 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19 , 1997 thcugh there may be penalties in terms of losing your job that they mlght not be subjece to crininal penalties. I know these are still being negotiated and I just Want to urge you and -- and the sponsors of this b tll to make sure that those -- those issues are, in fact, addressed .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Is there further discussion? Further discussion? Senator Molaro .

SENATOR MOLARO

Thank you, Mr. President. I -- Senator Obama just -- I Wasn't going to rise on thls, but he just said somethlng about addressing the consent issue . And I th ink the consent issue is important to stay there lnstead of qetting rid of it , because I think if you 're a parolee, or p robationer, or innate, and you have someone in authority, that so rt of vitia kes your consent . It makes it very d ifficult to say no to a gua rd or someone in authority . So I think that keep inq the fact that consent is not a defense is sort o f lmportant . So I -- I don 't think you should amend that out .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further d iscussion? Further discussion? Senato r Fawell .

SENATOR FAWELL

Thank you very much . A few years a9o several of the women legislators went down to Dwight and -- and go t a chance to talk to some of the -- the prisoners. And , indeed , we did find that this is a problem in some cases . I agree with Senator Molaro . You know , it 's a ltttle hard not to consent if somebody 's standin: over you and he 's -- and he 's twice the size , and a gua rd on top of it all . And I -- I think this is excellent idea , an excellent bill , long overdue r and I Would urge everyone to vote Aye for it.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discusslon? Senator Dlllard r to close . l36 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 26th Leglslative Day March l9 , 1997

SENATOR DILLARD

Just appreclate a favorable roll call. Thank you .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) The question -- the question is, shall Senate Bill 796 pass . Those in favor will vote Aye . Opposed , Nay . The voting ls open. Have al1 voted who wish? Have all voted who wish? Have all voted who wish? Take the reccrd , Mr. Secretary . On that questiony there are 54 Ayes, no Nays, no Members voting Present . Senate Bill 796, having received the requlred constitutional majority, is declared passed . Senate Bill 827 . Senator Radogno . Read the bllly Mr . Secretary .

Harry (surname or first name uncertain)

Sena te Bill 827 . (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Radogno .

SENATOR RA DOGNO

Thank you, Mr. President. This bill Was initiated by a local pollce officer who found a loophole the criminal trespass Statute in the course of h1s duties . And th is 1aw would seek to clarify that lcopho le by making it a Class B misdemeanor to knowlngly and without autho rity remaln in a building wh ich is not open to the public. Currently r except for a residence o r a car, would require posting in order for someone to be able to be charged wikh crimlnal trespass. There was an amendmen b on this bill . It was simply clarifying language . The bill, as amended , did pass unanimously out of comm ittee , and I would ask for a favorable roll call .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Is there discussion? Is the re discussion? If not , the question is , shall Sena te Bill 827 pass . Those in favo r will vo te Aye. l37 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 Opposed , Nay . The voting is open . Have al1 voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that questiony there are 55 Ayes, no Nays, no Members voting Present. Senate Bill 827, having recetved the required constitutional majorityy is declared passed. Senate Bill 860 . Senator Maha r. Read the bill, Mr. Secretary .

Harry (surname or first name uncertain)

Senate Bill 860. (Seeretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mahar.

SENATOR MAHAR

Thank you , Mr . President and Members . This bill r as Well as the one that fo llows, has substantive lanquage in it. Howeverr it meant to be a vehicle for the Governo r 's welfare reform package. Tt 's unfortunate , I 'm disappc inted , and you a re r and so is he, that we don 't have this before us to be presented at this time, but ue would hope tha t you would agree that a future proposal does deserve consideration and these would be the v:hicles for it, and I would ask for a -- for your support in that regard . PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator del Valle . SENATOR dEL VALLE : Thank you , M r. Cha irman . I really am concerned that at this late date we still don 't have a package . We still don tt know exactly what provisions we 're going to have to act on here . Even though there 's a TANF plan , a draft plan , that's circulating , that will have to go into effect July 1st . There are provisions in that plan that we 've questioned . W e still don 't know exactly : for example , whether o r not we 're qo ing to take advantaqe of -- of the l38 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 federal law eha t allows us to be able to exemp t victims of domestic violence and provide services to those individuals. The response that I've gotten from the Department of Public A id is that the reason they dre not taking advantage of that federal 1aw ls because then they would have to p rovide services and that that would cost money. I refuse to accept that as an excuse. There are other p rovisions r as you know , that a re of great concern and I Would hope that we would see something rea l, real soon , because certainly I don 't want to be here a t the end of Session acting on a bill or a bunch of bills that we didn't have a chance to have public hearings on and a chance to allow a1l the groups that are concerned about welfare reform coming forth and p rov lding testimony y and having an opportunity for meantngful input. I think that 's very, very important and I would encourage Howard Peters and -- and the Governo r 's Office to -- to get this done real fast r so that we can see exactly what it is that we 're goin: to be Working w ith .

PRESTDING OFFICER (SENATOR MAITLAND)

PRESTDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Garcia.

SENATOR GARCIA

Thank you , M r. President, and to the bill : Because there are so many looming questions about what will be the final result of the discussions that we've been having and negotiations, I've got to urge us not to support this bill. If you no ticed Senate B ill 860 and it's companion bill came out of the Senate Public Health Committee on a partisan roll call. 80th of these bills a re vehicle bills to implenent federal reform. The Department of Public Aid tells us that when the final temporary assistance to needy fam ilies plan W ill -- cannot tell when it dll be ready . This - - the first major overhaul of the Welfare system in sixty years, and that 's why both sides of the a isle need to be involved in th is process . Based on our experience vith Senate B ill 10, also known l39 1 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 as Public Act 89-6 , the Republican fast-track welfare bill of 1995, it Would urge to vote Present on these bills until we get some assurance that this side of the aisle w ill be consulted in crafting the final plan to inplement TANF .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Demuzio .

SENATOR DEMUZIO

just -- I just uanted to point out that there are seventy-five vehicles on the Calendar today. There 's about twenty-two Legislative days after today . The Way We 're go ing we 're go ing to be he re June 30th .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Furthe r d iscussion? Senator O 'Daniel.

SENATOR O 'DANIEL

Thank youy Mr. President. A point of personal p rivilege.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) State your point sir.

SENATOR O 'DAN IEL

In the President's gallery there 's a group of FFA students and their adviser, Mr. Scott Page from Bluford . like fo r them to stand , and for the Senate to Welcome -- to the Chamber .

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) Would our guests in the gallery please stand and be recognized by the Senate? Welcome to Springfield . Furthe r discussion? Further discussion? If not, the question 1s, shall Senate Bill 860 pass. Those in favor w ill vote Aye . Opposed , Nay . The vo ting is open. Have a11 voted Who wish? Have a1l voted who Wish? Have al1 voted who Wish? Take the record , Mr . Secretary . On that question, there are Ayes , 4 Nays, 18 Members voting Present. Senate Bill 860, having received the required constltutional majorityr ls declared passed. Senator Weaver, what purpose do you a rlse, sir? 140 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997

SENATOR WEAVER

For ehe purpose of an announcement, please . The Senate Rules Comm tttee Will be meeting in about half an hou r. Now thls kill be the last chance for anyone to offer and file a Fkoor anendment. So anyone has anything layin: a round get it filed with the Secretary, because this is your last shot.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senate Bill 861 . Senator Mahar. Read the bill, Mr . Secretary.

Harry (surname or first name uncertain)

Senate Bill 861. (Secretary reads title of bi11) 3rd Reading of the b ill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Maha r.

SENATOR MAHAR

Thank you , Mr . President. This is the second bill in the -- adminlstration bill to handle the Governor 's Welfare package . - - I understand the concerns that were voiced on the previous bill from the other side of the aisle . I -- I can say I agree With them, too. But none the less, this does need to get done. Senate Bill 10 was only part of the answer. We need to come up w ith the rest of the solution, and I would ask for a favorable vote on this .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslcn? Is there discusslon? If not y the question is , shall Senate Bill 861 pass . Thcse in favor will vote Aye . Opposed r Nay . The voting open . Have all voted who W ish? Have a11 voted who wish? Have al1 voted who wish? Take the record , Mr . Secretary . On that question, there are 40 Ayes, 4 Nays, 12 Members voting Present . Senate Bill 861, having received the required constitutional majority, is declared passed. Senate l41 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day Ma rch l9r 1997 Bill 862. Senator Fitzgerald . Senate Bill 866 . Senato r Weaver . Read the b ill, Mr . Secretary .

Harry (surname or first name uncertain)

Senate Bill 866 . (Secretary reads tltle of bill) 3rd Reading of the b ill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver.

SENATOR WEAVER

Thank youz M r. President . Senator Rauschenberger has put an amendment on this bill , so I would ask him to explaln the amendment .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you , Mr . President , Ladies and Gentlemen of the Senate . Senate Bill 866 is the General Obligation Bond Act . This raises the debt -- the authorized debt limlt of the State c f Illino is by four hundred and twenty-nine million do llars to accommodate the -- the Governo r's introduced budget and his suggested list of projects. I'd urge a favorable roll call.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator Tro tter .

SENATOR TROTTER

Yes . Tbank you , M r. President . Just a comment to the Members on our side of the a isle . A s we have been dolng in the past couple of years, I spoke With the Cha irman of the Appropriation committee and ask him would he ,. ln fact v put an amendment on there dealing with the school obltçation projects. He didn't Want to do so . He wanted to Wait until We actually looked at the education process later on in the Session . So as a consequence of us no t really again being acknowledged , I would like to ask every Member STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March l9 , 1997 on our side of the aisle to vote P resent.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

To Senator Trotter's concerns: We -- We too , thinky on this side of the aisle are very concerned . Just to kind of exp lain where we 're coming from . As soon as we move this bill , we intend to move 871, Which is a Build Illino is Bond bill to send it over to the House , because We thlnk that that's the most likely method . So , Senator Trotter, is correct, they did move the amendment and we did not adopt it, but I just Wanted you to be akare that We are sensitive to tha t issue and that's why we intend , as soon as this moved , to move the Build Illinois.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Further diseussion? Fu rther discussion? Senator Jones.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Yeah . Thank you , Mr. President . In -- in response to Senato r Rauschenberger, as relate to a1l these vehicle blllsy now are you in contact With the House? What ls the intent really as this bill move over? What -- what is the real intent?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Further diseussion? Sena tor Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Senator Jones. I would tell you that the -- the intent on this bill, is this is the authorized debt lim it inc rease for the Governor 's p roposed General Obligation Bcnds whlch deal with State buildings and water and -- and super max p risons, the other lssues there . I really am not, as the Appropriation Chairr I have no autho rity over what ou r education policy is in this Chamber , but we are movin: a Build Illinols vehicle over so that we 're prepared to wo rk together with the House after our education experts get together and kind of r you knou, lead us to the 143 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19 , 1997 prom ised land .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones .

SENATOR JONES

Well -- well , Howie Carroll talked about the promised land, but, you know r many yea rs in the desert . But -- but as you work With the House, we're speaking specifically as relate the Sena te . Now there are concerns as relate to Members on this side of the a isle as relate to the bonding p rogram in this State . And , agaln, as Senato r Trotter pointed out , you have consistently voted against try ing to improve the schools in the State of Illino is . And many of our schools a re d ilapidated . We have many over crowded schools. So we want to push that program as the Governor had promised . But, you sa id, negotiating with the House ; what about the inclusion of the Senate over here as relate to what those capitol prog rams shall be and would there be any increased bonding?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Was that -- was that a question , Senator Jones, or a comment? Senator Rauschenberger .

SENATOR RAUSCHENBERGER

Senator Jones, don 't Ehink lt is fair .to say We 've ever voted aga inst school bonds . What we said was; this Was a General Obligation Bond autho rization . This deals With the -- the Governor's proposed project 11st for the responslbilities we have to maintain our State lnfrastructure and to provide wastewater treatment bonds and d rinking Water bonds . We are sensitive here . I -- I think that the p rocess to be worked out particularly based on what 's go ing on in the House is gotn: to require bipa rttsan action with both sides of the a lsle and both Chambers fo r us to come to some kind of solution as -- as Senator Carroll kind o f o ff side said , that we have been searching fo rty years for the STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19r 1997 p romised land in education . But they 're -- they fre two separate questions, guess, is a11 that I'd -- remind khe Membership. This is General Obliga tion Bond authorlzation . This whether we Want to go ahead and maintain the State infrastructu re and p rovide support and relief to provide the fund ing fo r the new supe r max and those kind of things. The issue of school bonding is a sepa rate issue and -- and as app ropriation Cha irman , I have no autho rltg to to tell you exackly what will happen . Presumably ou r educa tion gurus know .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones . SENATOR JONES ; Well, that being the case, I wauld u rge the Members on this side to vote Present on this particular issue z simply because what you are doing here that you dre asking fo r what, four hundred and twenty-nine m illlon dollars , and again, the prtsons and the schools are related in a sense. And know there are projects comlng down the line . don 't know what they are . But the authorization bill itself , you ?re go ing to talk about another increase it -- it -- it needs our support, and so' -- so far that suppo rt has not been forthcoming from your side of the a isle . would urge the Members on this side of the aisle at least to vote P resent uneil ve can come to a resolutlon and thus pass all these bcnd authorization together, rather than have a series of other bills coming down the pike on General Obligation Bonds that -- just as a shell bill. So I urge the Members on this side to at least vote Present until such tlme we get in a position where we can deal with these issues . PRESIDING OFFICER : (SENATOR MAITLAND) Senato r Weaver , to elose . SENATOR WEAVER : Well. tbank you , Mr. Presldent. think Sena tor 145 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 Rauschenberger 's po inted out that the Bond -- or the Schoo l authorizatlon construction would be on 871. Thls is just the Governor 's program , and I'd appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) A ll right . Sena tor Rauscbenberger , fo r what purpose do you arise?

SENATOR RAUSCHENBERGER

Just a closing comment and a concern . I -- we spent a couple of years wrestling with the -- the other Chamber about whether we would go ahead with -- with General Obligation Bondin: and be responsible in -- in moving our infrastructure alcng . We had a Wonderful breakthrough w lth their cooperatio n and yours in gettin: ehe -- the delayed projects moving through the system. And would just, aqain remind everybody this is a totally separate issue . This is abcut whether We 're goin: to suppo rt our State infrastructure , and I don 't know how many times We 're going to come back to the issue of Gene ral Obliçation Bond s as we sweep toward the end of Session . So I would urge you to ve te to maintain our infrastructure. This is just the debt authorization.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) I Would rem ind the members that takes thirty-six affirmative vo ees . The q uestion is , shall Senate Bill 866 pass . Those ln favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Have all voted Who Wish? Take the reco rd y Mr . Secretary . On that question , there are 31 Ayes, no Nays , 23 Members vo ting Present . Sena te Bill 866, having not received the required three-fifths majority: is declared failed . Senate Bill 895. Senato r Molaro . Read the bill, Mr. Secretary . SECRETARY HARRY : Senate Bill 895 . (Secretary reads title of bill) 146 STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Leg islative Day Ma rch l9# 1997 3rd Read ing of the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Mola ro .

SENATOR MOLARO

Thank you , Mr . President and Members of the Sena te . To my Republican colleagues let me apologize fo r that last vote . If We were goin: back to 3rd Read ing I 'd ask tha t we 'd go a round again . Yeah , know . Also , as a -- as a point of personal privilege let me also state that St. Joseph, which it's St. Joseph's Day today it fs not somebody 's wedd ing , as some other Members may have asked -- of course , is the pa tron Sa int of Italian 's as Well as Polish Polish-Americans and the working man and a bunch of other things . He was nct some Italian that some Pope Italy made a saint because he made his favorite pasta . So those of you who didn 't know that, be aware of that . Now as to the bill, Sena te Bill 895 is -- response to a couple recent things that happened in different states . Federal Exp ress came out no t too long ago and stated that in about eighty percent of Gary, Indiana , they would not deliver to after 5 o 'clock . FedEx delivers till about 8 or 9 o 'clock at night, they declded not to deliver there anymare . Pizza Hut , which is a naticnal cha ln y basically came out and said that'there are certain sections of City of New Jersey that they are no longer golng to deliver pizza to . So there 's a trend out there now where -- where businesses, Who a re licensed in certain States and have a license, a re goin: out there and they fre startlng to redllne . Well before they start thinking that Illinois is one of those states r this bill basically states that it is unlawful for a delivery service to fail to deliver to locaticns because of certain -- certain p rescriptions, race, colorr creed , religion , ancestry, sex sexual orientatlon , physical or mental disabilityr national origin of the resident of that location . And if they -- if it 's proven that they violated l47 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day March 19 r 1997 this code , what it would become ls it become a petty offense , which is finable by twenty-five dollars up to five hundred dollars . Now it 's a petty offense . not a misdemeanor . We fre not go ing to make criminals out of these peop le . What we are telling the buslnesses , however, that if you 're go lng to do th is , be prepared that you are violating the law . We don 't want to send a message here in Illtnois that you could start a business up and decide we 're going to deliver, but we 're going to decide where we 're going to deliver. I think that 's dange rous and that 's that practice is what th is blll attempts to stop . Thank you .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Collins.

SENATOR COLLINS

Thank you . I also rlse in suppo rt of this b ill'. And Senator Molaro , I don 't know Whether you know or not, but they do the same thing right here in Illinois. In certain areas of the City of Chicago you can 't get deliverlesr and that 's a fact . And they go by zip codes. So I -- I rise in stron: support of the bill and I think you should nake it more than a petty offense .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Dudycz.

SENATOR DUDYCZ

Thank you , Mr. Presldent. A few questions of the sponsor?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he W ill yield r Senator Dudycz.

SENATOR DUDYCZ

Senator Mola ro , let 's -- walk me th rough this . I 'm a little confused by this -- this bill. You fre saying that if a pizza delivery boy refuses to go into a neighborhood to deliver a pizza he is guilty of a Class A misdemeanor?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro . 148 STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9r 1997

SENATOR MOLARO

No , it 's a petty offense . It 's finable -- twen ty-five-dollar fine .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Dudycz . SENATOR DUDYCZ) How a re you -- how are you going to be able to enforce this type of leglslation if it 's -- or -- if somone 's no t going to be delivering somebody will say that yo u didn 't deliver to me on time or you just didn't get here, because of my race, my -- my religion, or -- or my sexual orientation . That 's in your bill, Senator r I mean , how is -- how is the how is the delivery or the person who makes these deliveries be -- is going to be able to determ ine whether someone ls mentally disabled o r is a hls sexual orientation is determined , or his religion?

PRESIDING OFPICER (SENATOR MAITLAND)

PRESIDING OFPICER: (SENATOR MAITLAND) Senaeo r Molaro .

SENATOR MOLARO

Well, to answer that question and -- and to be as brief as I can . First of all r this is a specific intent crime . So first of a11 you would have to have knowledge khat someone is mentally disabled . Second thing is: there has to be one of the discrim lnato ry pieces here , that also has to be p resent. Now if you dre talkin: about how would you enfo rce it, you mean as far as how would someone be cha rged or how would someone go to court, it was the same thing With any other charge, or any other hate -- hate crime , or anyth ing else . The best Way and the best time -- the Way you charge people of cou rse , is through admissions - or any -- an assault. It 's very difficult, except for the fact that - - so if someone goes out and they 're making a delivery and they fail to do it , o n the company puts out a memo . The best way to do it is a letter vould be sent to that Company , and if they say , l49 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19, 1997 we're not delivering there because we just don't like thls class or that class , that would be in the form of an adm isslon . And just because a crime is being committed and difficult to prove daesn 't necessarily mean that We shculd take the bill out .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

SENATOR DUDYCZ

Well -- well has there been any lnstances ln the -- in the State that you kncw of where -- where a company has issued a memo to its employees , you a re fo rb idden from making a delivery to a specific area based upon the recipients qender, or race , or -- or o rientationr or rellglon?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro .

SENATOR MOLARO

Well, in most -- in most institutionalized type of of discrim ination, whether it 's -- be gender dlsc rimination, raclal discrim ination, most of the times you don 't catch -- ca tch the memcs. What is done is either thrcugh wo rd of mouth or something else , and how you catch companies who do that, and We see every dayy is either through Whistle-blowers who are former employees who find secret memos . So , no , you don 't see it every day . However, as I said befo re , FedEx and Pizza Hut have , ln fact, decided not to go to certa in places . Senator Collins and -- has just said that it it's happened many, many times in the City. We can go to certain employees, ask them if it was told by your supervisor and if the supervisor or the owne r of the company admits , ''Yes , I did it because I don 't like th is type of persony'' he would be in violation .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

SENATOR DUDYCZ

STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 Well, what if it 's -- What if it 's qo ing clear across the City? If want a pizza from one part of the C ity and that -- that delivery driver has to go two , three, four miles away and -- and he doesn 't -- if I say, '1I want you to deliver a p izza to me ,'' and he says, ''No , I can 't because it 's tco far,'' and 1'11 say, ''No y you dre doing it because of my religion .''

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mala ro .

SENATOR MOLARO

Obviously , the bill doesn 't talk about location . You -- you can , of course, say we only dellver within a four-mile radlus. You could say he didn 't delive ry it because you -- he punched you in the face yesterday . You could say anything . The po int o f the matter you still would have to p rove it . In that case , unless you could show he d id it for discrim inatory purposes he couldn 't be charged . END OF TAPE TAPE 4

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz .

SENATOR DUDYCZ

Yes. Thank you . One more question. Would this also apply to taxlcabs and livery servlces?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Molaro .

SENATOR MOLARO

No . 15l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Burzynski.

SENATOR BURZYNSKI

Thank you , M r. President. I move the previous question .

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) Request ls o rder . There are one , two r seven add itional speakers. Senator -- Senato r Jacobs .

SENATOR JACOBS

Well, thank you . I was goln: to move the previous question also, but I do have two quick questions. just Want to kncw, with the -- w1th the first remark that Was made p receding the introduction cf the bill, ls this going to become the Pope and pizza bill, and ls Father Quido Sarducci in favor of thts?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further d iscusslon? Senator Petka . Senator Petka . Senator Fawell . Senator Fawell .

SENATOR FAWELL

Jeez! Will the -- will the sponsor yield fo r a question?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Ind icates he w ill yleld , Senator Fawell .

SENATOR FAWELL

Senator Molaro , accord ing to your bill and I'm readlng the - - the language right now says ''In this A rticle , 'delivery service ' means a business that delivers qoods o r services as part of its business operation .'' Now the ''or services'' its seems to me, Would include taxicabs . And I as I remember read lng some articles in the local newspapers , tha t is a problem that cab companies admit. They don 't want to deliver certain people to certain areas , and -- and I 'm su re it could be made -- a case could be made that, indeed , your bill would cover them .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Sena tor Molaro . STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9, 1997

SENATOR MOLARO

Well, 1 '11 read into the record now . It's not the legislative intent of this sponsor to include taxicabs.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Fawell.

SENATOR FAWELL

Well, why? That 's a servlce . In fact, I Wculd say that 's probably a mo re important service at 2 or 3 o 'clock in the mo rning than probably delivering pizza .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator -- Senato r -- Senato r Molaro .

SENATOR MOLARO

That that 's a good idea when -- I 'm sure this is gc in: to fly out of here, so when it does and it gees over -- and ie gets over to the House, 1 '11 make sure that we dlscuss putting amendment on to make this great legislation even better .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Further dlscusslon? Senator Petka .

SENATOR PETKA

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

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield y Senator Petka .

SENATOR PETKA

Thank you . Senator, when -- you took the definition fo r the ind ividuals who would be covered under this action out of the hate crime Section , did you not?

PRESIDING OFPICER (SENATOR MAITLAND)

PRESIDING OFPICER: (SENATOR MAITLAND) senator Mola ro .

SENATOR MOLARO

Welly if I can, Senatorr with -- just for one second, a point o f order with don 't know if I could get this by the Cha ir , but -- the previous question Was moved . You called for Senator l53 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 Petka . He was not there , and he 's pretty good . And I 'd rather not have to face his questioning, so I would object to him being allowed to speak, because we did move the previous question. You called his name. He wasn't here. So I would objece to belng questioned by Senator Pptka .

PRESIDING OFPICER (SENATOR MAITLAND)

PRESIDING OFPICER: (SENATOR MAITLAND) Senato r Molaro , that -- he was called off tempo rarily . realized that after called him . If you want tc appea l the ruling of the Chair, that 's fine . Senator Molaro .

SENATOR MOLARO

So I wculd have to answer his question . I assume you can 't take the Fifth Amendment on a Floor of the Senate .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) That 's my ruling , sir. Yes.

SENATOR MOLARO

1'11 yield. 1'11 yield.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka .

SENATOR PETKA

Thank you', Senator. I do appreciate the courtesy . In under the hate crime Section r we are dealing there with -- with crimes of commission : in other words, that people take affirmative actions against other individuals v and then because of these affirmative actions . prosecutions a re are permitted . Isn 't that correct? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mo laro . SENATOR MOLARO : Yes . Prom what I understand as hate crimes. You are co rrect r sir . PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka . l54 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March 19 , 1997

SENATOR PETKA

Under this legislation, you seek to criminalize actions where people choose not to take a certain action . Isn 't that correct?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Molaro .

SENATOR MOLARO

No . Because I -- I don 't seek to criminalize this . Make a petty o ffense, and it 's not a misdemeanor, nor a felony .

PRESIDING OFFTCER (SENATOR MAITLAND)

PRESIDING OFFTCER: (SENATOR MAITLAND) Senator Petka .

SENATOR PETKA

Well , thank you very much . I don 't Wish to -- to question Senator Mola ro , but do have a few comm en ts , Mr . President , Members of the Senate . We have anothe r case , in my op inion, of unintended consequences and the 1aw that p revalls . Consider, just for a seeond - just for a second - the situatton where a minority uoman - a fenale - is receives a direction from her boss to deliver a pizza and perhaps other types of food stuffs to a trailer court khere they have almost an infestation of skinheads . A1l right? And the -- and the Woman : unforeuna eely r knows a1l about this and she -- she decides that in her heart of hearts that thls is not in her best interest to drive a vehicle into a a trailer court full of skinheads who may be intoxlcated . So she tells her boss , ''Under no circumstances am going.'' The gentleman pulls out this finely inspired ptece of legislation and says, ''Unless you choose to :o, I may be subject to a fine of five hundred dollars. If you choose no t to go you are fired, because I ean 't afford to be spending my time in court defending lawsuits because of th ts pfece of leqislation v'' Once again, in my humble op inion , we are asked to pay homage the temple of political correctness . We will sacrifice and crim inalize yet another freedom - a person to make an informed l55 STAT E OF ILL INO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT z6th 'Legislative Day March 19 r 1997 conmon-sense judgment about what's in thelr best interest so that We can continue to try to fulfill the insatiable appetlte of political correctness. Folks , we don 't leave ou r common sense at the doorways When we walk in here . We a re sent down here to do a job, and the job is to protect the best interests of the people of this State and no t the devotees of political correctness . Please , let's -- let 's stop the nonsense right here . Vote Nc . PRESIDING OFFICER : (SENATOR MAITLAND) Further discussion? Senator Hendon . SENATOR HENDON : Thank you , M r. President. First I 'm go ing to pray for a1l of you , and serious about that . Some of you clearly have never been downtown like have with a suit and a tie on , sharp as a tack, clean as I could be , and have a taxicab say no , pass you by . Money ln my pocket, bulging ; can pay; will tip . Can 't get a ride . Must have never happened to you . Well, it 's happened to me . It 's not nice. Doesn 't feel good at all. live in a nice neighborhood , have a nice house. Paying for Work hard eve ry day . Every day . But, yet , I get taxicab drivers downtown Who won 't pick me up because I am black . Simp ly because I 'm black . Don 't even ask me where I 'm go ing , what neighborhood, whatever. ' Thls bill does no t deal, Sena tor Petka , With putting yourself in harm 's way . It says someone who fails to deliver to a specific location based on race , colo r, creed , religion , ancestry , sex . does not say going into a high-crime a rea where you know your life is going to be danger . does not say that. It says discrim ination based on race and perceived sex o r physical or mental disability . And people -- white people who live around the black community , which I have many of them , they get discrim lnated against, as well, just because they live near the community. Pizza -- p izza won 't deliver to the neighborhood , but yetr you can go there and pay your money: and they 'll take your money . This is 156 STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997 - - - - it 's really getting to be a sad day again in this Sena te when everything that comes up that w ill help the African-American or Hispanic community gets shot down by that side of the aisle . And I really don 't understand because I have sc much respect for most of you on that side of the a isle. It really just is mind-boggling that you kill vote against anything anythlng that's perceived to help a little poor, minortty community. I just don't understand it. And I just thank God that has taught me the ability to not let you stress me out, depress me , and make me sad for too long , because you do every day . So w ill not you, you know , Aldo . Ycu -- you dre my girl, Adeline . But I 'm going to pray for a11 of you . really am .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Butler .

SENATOR BUTLER

Well , Senator Hendon kind of hltchhiked on What Was thlnking . Will the Senator yield?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield . SENATOR BUTLER : Senata r Hendon mentioned that the cab driver were p robably refusing him a ride because of the -- of the -- of some chance that he would be asked to go into a high-crime area . Now, if the - - if you have excluded cab drivers: I p resune that 's the reason why you have done because the newspapers in Chicago periodically emphasize the fact that the cab drivers have refused because of -- of the lncidence of crime high-crlme areas . So if a p izza d river took the same defense that a cab driver has, is that -- is high-crime area location a a permissible -- a permissible reason to refuse a delivery? PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day Ma rch 1997 Senator Mola ro .

SENATOR MOLARO

Well , sad to say , according to this bill , would be excusable . If you 're going -- dcesn 't say as to location because of high crime . The idea would be that if it 's fo r any of these that have written here , then of course you can 't do lt, but a high-crime area is nct one of them . So Senator Butler is co rrect . PRESIDtNG OFFICER: (SENATOR MAITLAND) Senator Molaro , do you wish to close? SENATOR MOLARO ) Yes . Thank you very much . Just one I hope everybody enjoyed tbe flowers I gave out, before you vote, remember them. But just for some seriousness rtght now. One of the colleagues -- one of my eolleagues stated that -- talked about political correctness . Well , you know y khere -- there 's certalnly someth ing to be said about that. A 1ot of bills we bring just to be politically correct and a lo t of bills we bring for politics in and of itself . don 't think this was done for that . At least I didn 't bring it for that reason, or I hope didn 't . Sometimes you don 't even know your own motives . However, lf you read this bill, you're right: If someone says, ''That's high crime and I'm not goinq because I fear for my own well-being ,'' then you haven 't broken this law . You don 't bave to go anywhere in America . You don 't want eo go do don dt. If you 're afraid , you don 't have to . All this says is that if you intentionally y specifically for the reason because of race - someone is black , White or Hispanie - and you say, HI 'm not going there because I don 't go to black neiçhborhoods or to White neighborhoods or Hispanic r'' you 're breaklng the law . you stand there and you say, ''l lm not go lnq there because I'm not delivering where there 's Catholics or Jews o r Bap tisesrl' ehen you 're breaking the law . you go over there and you say , ''l 'm not going to do it beeause 158 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGPLAR SESSION SENATE TRANSCRIPT 26th Leg islative Day March 19 r 1997 don 't Want to go w lth those Italian-Americans,'' there -- but you 're breaking the law . Now , I don 't want to keep going on and on, but that's what this says . This isn 't about political correctness . In the United States today , and in the State of Illinoisy we Want to send a message out. Hey , if it 's fo r safety r don 't go , but if you 're go ing to go out there and it 's because of any of these -- any of these reasons , these hate-mongering type of reasons, then that business is w rong . That business shauld be told , ''We don 't tolerate tha t in the State of Illinois .'' And that 's the reason for this b ill . And I would ask for an Aye vo te .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall Senate Bill 895 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open. Have all voted who w ish? Have a1l voted who wish? Have a1l voted who wlsh? Take the record , M r. Sec reta ry . On that question , there are 23 Ayes , 6 Nays, 26 Members voting Present. Sena te Bill 895, having not received the required constitutional najority, is declared failed . Senate Bill 899 . Senator Madigan . Sena te Bill 902. I Im sorry . Senate Bill 908 . Senato r Luechtefeld . Senator Luechtefeld . Senate Bill 971 . Senator Shadid . Read the bill, Mr. Secretary .

Harry (surname or first name uncertain)

Senate Bill 921 . (Secretary reads tltle of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Shad id .

SENATOR SHADID

Thank you, M r. President and fellow Senate Members. What this does is it deletes the current laW requirlng that vldeo conferencing can only take p lace when a defendant is located in a different building than the building in which the judge is 159 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day Ma rch l9 , 1997 located . This b1ll was put in for the Ccok County Sheriff 's Department to allow them to do first appearances with closed-circuit television in their county.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) A11 riqht. Is there diseussion? Is there discussion? If not, the question is, shall Senate Bill 921 pass. Those in favor will vote Aye. Opposedr Nay. The voting is open. Have a11 voted Who Wish? Have al1 voted who Wish? Have a1l vcted Who wish? Take the reco rd , Secreta ry . On that question, there are 56 Ayesy no Nays, no Members voting Present . Senate Bill 921, having received the required constitueional majority, is declared passed. Senate Bill 929 . Senato r Rauschenbe rger. Read read the bill : Mr. Secretary .

Harry (surname or first name uncertain)

Senate Bill 929 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Rauschenberger.

SENATOR RAUSCHENBERCER

Thank you r Mr . President, Ladies and Gentlemen of the Senate . Senate Bill 929 separates the issue of impact fees from land/cash donations, and goes forward and standardizes the definitions regarding the practices of the land/cash donation Statute. Senate Bill 929 requires that land donation ordinances shall be based on accurate expected population g rowth to be generated by development and , number two , the number of acres of -- of school site o r park slte required to serve the projected population growth. Cash in place of land sha ll be based on a value of an acre with subdivision imp rovements . Thls bill is based on a Naperville-style ordinance so that those Would be perm issible . Land -- school land donations are based on the State Board of l60 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslative Day March 19 , 1997 Education guidelines, and park donations are based on Supreme èourt rulings that we've had the past. I'd urge its favorable action .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r DeLeo . SENATOR DeLEO : Thank you, M r. President. Wculd the sponsor yield for some questions?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield , Senato r DeLeo . SENATOR DeLEO : Thank you . Senator Rauscbenberger, there were some questions came out o f this legislation , and some people were asking some different questions rega rds to this . If -- we have a couple questions , if you would be so kind . Dces th is bill take away any authority from municipalities to assess fees for schools o r pa rks?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger .

SENATOR RAUSCHENBERGER

No , Senaeor DeLeo , it does not.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeLeo . SENATOR DeLE0 : Currently r our units af local governmentr are they allowed to do this now? PRESIDING OFFICER; (SENATOR MAITLAND) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Yes , they are currently allowed to do those things by Statute, and it's been reaffirmed in case 1aw in the Krughoff versus Naperville case .

PRESIDING OFFTCER (SENATOR MAITLAND)

PRESIDING OFFTCER: (SENATOR MAITLAND) STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9r 1997 Senator DeLeo . SENATOR DeLEO : Wculd this Statute p lace caps on the amount of land or cash to be donated to a community?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senato r Rauschenberger.

SENATOR RAUSCHENBERGER

No, it wouldn dt.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeLeo . SENATOR DeLEO : Well, are there any other forms of taxation g iven to units of local government that have no restrictlons , pa rameters or guidelines?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

None that I 'n aware of ln the Statutes currently .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator DeLeo . SENATOR DeLEO : Well, does 929 -- Senate Bill 929 affect, in any way , fees extracted from any other governmental pu rposes , such as water or sewe r?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Rauschenberger.

SENATOR RAUSCHENBERGER

No . Senate Bill 929 speaks only to school and park donations. No other fees or exactions are elininated or regulated by this bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeLeo . 162 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 SENATOR DeLEO : Does this p rovide a slngle , across-the-boa rd value on the amount of land to be given or the amount of cash in lieu of the land to be given?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger .

SENATOR RAUSCHENBERGER

No . Land dcnations or cash in lieu of land will be determ lned by the three components listed in the bill: population generated by the development; two , the number of acres needed fo r schools or pa rks ; and three, the value of the land that 's be ing exacted extracted .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeLeo . SENATOR DeLEO : Thank you , Mr. President . My last question is very simpley and I want you to know that I am fo r this bill . There were some of the issues that we just Wanted to make sure that they Were not a problem with some local units of government. Then my last and final question : Why is this bill necessary?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Well, some units of local government are using outdated statistics and land values that are not consistent to increase the bottom-line fees that they dre exacting from property owners . Senate B ill 929 states how these figures are to be derived , creatlng a p redictable and reasonable fee for developers and landowners .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Fureher discussion? Senator Geo-Karis .

SENATOR GEO-KAR IS

163 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997 Will the sponsor yield for a question?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Ind icates he will yleld , Senator Geo-Karis .

SENATOR GEO-KARIS

The Municipal League was wo rking on an amendment with you . Was that accepted , or not?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Senator Geo-Karis , -- we had some discusslons uith the Municipal Leaçue . They have not brought me 'any language to amend this bill. So I've neitber accepted, nor rejected. This bill is exactly as it was brought befo re the committee .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Geo-Karis .

SENATOR GEO-KARIS

M r. P resident and Ladies and Gentlemen of the Senate , much as I love the sponsor o f ehis bill , T think that this bill places great lim itations and standards that munic ipalities must follow in enacting a school impact fee ordinance . In addition , this lggislaEion does not protect the right of municipalities to enter lnto annexation agreements and does p reempt home rule . Now , it would seem to me -- there are muntcipallties in my d istrict and in Senator Peterson 's district that have entered into annexations -- annexation agreements which are very , very favorable to the people of the district of that particular area, and I think this bill m ight neqate it . And I -- don 't feel comfortable suppo rting this bill in its p resent stage , and feel that it does lim lt the right of muntcipalities to exact what they should do for the betterment of the community .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Senator Rauschenberger, do you l64 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslative Day Ma rch 1997 wish to close , slr?

SENATOR RAUSCHENBERGER

T J 'd urge a favorable roll call . This is an a ttempe to standardize what takes place in land/cash donatton. The issue impact fees 1'm sure we dre goln: to be back to visiting a t a later date . Tbank ycu .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall Senate B ill 929 pass . Those in favo r will vote Aye . Opposed ; Nay . The vo ting is open. Have all voted who Wish? Have a11 vcted who Wish? Have a1l voted who wish? Take the record r Mr. Secretary . On that question, there are 43 Ayes y 10 Nays, Member voting Present. Senate Bill 929 , having received the required constitutional majorityr is declared passed. Senate Bill 930. Senator Rauschenberger . I 'm sorry . Senator Weaver, fo r what purpose do you rise: sir?

SENATOR WEAVER

Thank you , Mr. Presldent. In order to klnd of clear up the Calendar, I'd like to re-refer to Rules Senate Bill 867, 868, 869 , 870, 872 and 873 and 874 and 875: re-refer to Rules .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver has moved that Senate Bills 866 (sic), 867, 868, 869, 870, 87l (sic), 872, 873, 874, 875 be re-referred to the Commlttee on Rules . Those in favor, say Aye . Opposed p Nay . The Ayes have 1t: and the bills are re-referred to Rules . Senate Bill 930 . Senator Rauschenbe rger. Senate Bill 934. Senator Klemm . Senate Bill 939 . Senator Watson. Read the bill y M r. Secretary .

Harry (surname or first name uncertain)

Senate Bill 939 . (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Watson . 165 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day Ma rch l9r 1997 SENATOR WATSON ; Yes . Thank you, Mr . President . This partlcular p iece of legislation comes to us p rimarlly from southwestern Illinois , but obviously has statewlde impact and statewide support. It is called the Brownfield Rehabilitation Development Ac* (sicl, and what we are allow ing to happen here is fo r private sec eor dollars to come into a communlty , identifying a Brownfield site and establish inç tax cred its from the Depa rtment of Commerce and Communlty Affairs, worklng vith the Environmental Pro eec tion Agency to establish a remediation plan and remediating the particular contaminated site. What has to happen is job creation has to take place. When that job creation takes place, sales tax, employer tax then is is made available as a tax cred it back that private company Who has remedia ted th is site y and to help pay , o r hopefully totally pay r for all the remediation. This is somethlng I thlnk that it 's a win-win situation . We create new industrial sites . We clean up a -- an environmentally concern problem, and we create jobs along with it. We've been negotiating with the Governor's Offtce, and in good faith , we will continue to - - to negotiate With them . And we were close to an ag reement , but, of course, with time restraints, have led us to this point in time in which I think the bill has to pass, and I 'm -- ask ' for your support.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Is there discussion? Is there d iscussion? not r the questlon ks , shall Sena *e B ill 939 pass. Those in favor w 111 vote Aye . Opposed , Nay . The voting is open . Have a11 voted Who Wtsh? Have all voted who wish? Have all voted who w ish? Take the record , M r. Secretary . On that question, there are 55 Ayes, no Nays, no Members voting Present. Senate B ill 939, havin: received *he required constitueional majority, is declared passed. Senate B ill 944 . Senator Petka y on 944 . No . Okay . Senate B ill 945 . 166 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislatlve Day Ma rch 19r 1997 Senate Bill 959 . Senator Rlemm . Senate Bill 968. Senato r Senator Tro tter, I 'm sorry . You dve taken over sponso rsh ip o f -- of Senate Bill 968 . Do you wish to call the bill? Read the b ill, M r. Secretary .

SECRETARY HARRV

Senate B ill 968 . (Secretary reads title of bill) 3rd Readlng of the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator T rotter.

SENATOR TROTTER

Thank you very much , Mr. President , Members of the Senate . I 'm handling this bill for Senato r Shaw , who is out in his d istrict tcday . Senate Bill 968 requires persons involved in the receipt, transferr recycling or other management of constructlon or demolition debrls to maintain load tickets and other manifests reflecting recelpt of the debris from the hauler and generator of the debris . It requires persons invo lved in the generation, transportation, transfe r, or disposal of construction or -- and of - - or demolition debris to malntain load tickets reflecting the transfer, disposal, or other disposition of the debris . It permits the Pollutlon Control Board and the courts to order the performance of comm unity service by those who violate the Act . This Act -- initiative of this was brought forth as a consequence of what we have al1 heard for over a yearz the silve r shovel investigations in the City of Chicago . As we 've hea rd mostly about all -- through the media that there 's been lo t of heads rolling as a consequence for -- from public officials who took bribes as they turned their heads and had actually allowed dumping in various communities . But the real tragedy and the real travesty of this bill is was the -- the acts tha t was perpetrated upon the commun ity itself . What this does , in 167 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 particular, is tha t they -- we 're asking tbat those individuals, èhat they be forced -- that the law would force the haulers and the gene rators to be more accountable fo r the dlsposal of their debris by requiring them to keep records of constructlon debris in the form of load tickets and manifests . This bill does not unfairly burden reputable operators or generators because they already malntaln accurate and complete records , and I ask for your favo rable roll call .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there is there discussion? Is there discussion? If not, the question isr shall Senate B ill 968 pass . Those in will vote Aye . Opposed , Nay . The voting is open . Have al1 voted who wish? Have al1 voted who wish? Have all voted who wlsh? Take the reeord , Mr. Secretary . On that questton, there a re 56 Ayesr no Nays , no Members voting Present . Senate Bill 968, having recelved the requlred constltutional majority, is declared passed. Sena te Bill -- Senator Cullerton is not here . Senate Bill 999 . Senator Watson . Read the bill, M r. Secretary .

Harry (surname or first name uncertain)

Senate Bill 999 . (Secretary reads title of bëll) 3rd Read tng of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. SENATOR WATSON : Yes. Thank you, Mr. President. This is the legislation dealing w ith local franch ising of cable television , and establishes a Reans by which communttiesr at the local level, either a community or a county , whichever is the governing body p can make a determlnation on ano ther franchise for competition in the cable -- cable business and local cable being made available to the people that are served in that area . The -- the current 168 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9y 1997 law -- what happens is, in some cases z the community W ill will negotiate W ith the second franchise or a second cablin: interest, and the current 1aw says you have to take line by line by llne . In other words r the contract that Was given to the first initlal franch ise must be line by llne by line the same as what you give to the second . That -- that creates no flexibility and decision making at the local level, and the refore r we want to see some flexib ility to that and allow ing the communities to make some change , but it has to be a comparable contract. They can 't go in and simp ly cherry pick things ; has to be comparable . We also say that, because of the problem that is taking p lace in many comm unities now by which they are refusing to even look at a second franchlse because of litigation and the cost o f litigation that could occur, there is some restrictions on damages that could be awa rded in -- in a lawsuit case . I know that there 's been a considerable amount of effort and work r and we have nego tiated . 80th the cable industry and those on the other side , primarily Ameritech , have negotiated and have come close to an agreement , but unfortunately, at this point in time , they have not . But it 's been my understanding r and the aqreement that I had in my offlce this mo rning with the Ameritech people and the cable television lndividuals , that -- that negotiations and. hopefully scme agreement will be reached and an amendment will be adopted in the House . Thank you, Mr . President . And I 'd be glad to answer any questions .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there d iscussion? Senator Jacobs .

SENATOR JACOBS

Thank you , M r. President, Ladies and Gentlemen of the Senate . You know , to me, it 's it 's quite obv ious that something 's wrong every tlme that you have to go to a munlclpality o r a county to sign a second cable franchise and then they 're goinq to get -- end 169 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 r 1997 up getttng slapped w ith a lawsuit . It appears to me that this thls legislation is not intended to give anyone a competitive advantage . To me , rather, it 's designed to help our local governments . They need our help because they want to do the ir jobs and they want to be able to negotiate cable franchlse agreements . But they are also telling us they want to be able to negotiate franchise agreements tha t are in the best interest of the communities w ithout having to duplicate existing contracts line by llne , word for word . Doesn 't make sense to me to have two identical cable franchises in a municipality unless that municipality wants them to be identical y and that decision should be left up to the local governments . When you cut through a1l the rhetoric, the line-by-line lnterpretation adopted by the cable companies is not in the best interests of anyone , perhaps except the cable companies . It doesn 't benefit local governments. doesn 't benefit consumers. But it seems to me that whenever you add some competitlon in the m ix , consumers only stand to benefit . A11 this bill daes is say that franchise agreements must be comparable in their entirety, not line by line , wo rd for Word . And let me just add one thing. We have been Workin: diligently along with Senator Watson to get an amendment drafted to th is bill . And we have a -- a agreement' in p rlnciple, and unfortunately , as happens in many of these negotiations, you get up to the co rporate heads and the corporate heads can 't agree on dotttng Is and crossing Ts. And I think we , as a Body , should pass this legislation out, continue working on it in the House r but I want to send , personally , a stron: message to the top , to the brass r of both the cable companies and the telecommunication companies and everyone else that wants to get into this business : Put your petty issues aside, think of the consumers , come to do battle: but come to an agreement on this bill, which I think We can do , and everycne will be happy in -- in the end . Thank you . l70 STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglsla tive Day March 1997

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Weaver.

SENATOR WEAVER

I Would move the previous question.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Sena tor Weaver moves the prevlous question. There are seven additional speakers . Senator Dudycz .

SENATOR DUDYCZ

Thank you, Mr . President. Senato r Watson, can you name, fo r me , the current franchise obligation that an existing company must meet to get thës cable franchise?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Watson.

SENATOR WATSON

Well, that would be negotiated by the community . Each community negotiates each individual contract with the first franchisee .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz .

SENATOR DUDYCZ

That -- that 's abso lutely correct. They do negotiate . They have negotiated . And part of thls negc tlation is that they must w ire a1l the sehools in the area , a1l the lib raries y a1l the po lice and fire stations , and a1l the government buildings r and they must serve the entire community , and they must pay franchise fees, and they must build two-hund red-and-fifty-thousand-dollar studios and provide free government channels. Now , does your bill , Senator Watson, require -- ncw , does require these same franchise obligations to Ameritech or any other new -- new Johnny-come-lately cable companies?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watscn . STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Leg islative Day Mareh 19, 1997 SENATOR WATSON : Well, as I mentioned in the openlng rema rks, what we are establishing is that the contract that is set up With the second cable network has to be comparable. So you can't go in and just necessarily cherry pick what you want. It 's got to be comparable , and that , to ne # is fa ir. PRESIDING OFFICER : (SENATOR MAITLAND) ' Senator Dudycz . SENATOR DUDZCZ : That 's correct . Comparable in its entirety, but that does not include where they Would be requ ired to provlde these type of services that is being required eurrently of the existing cable companies . Well , let 's -- does your bill have anyth ing to do -- in it that 's says that the two franchises , both the existing and the newcom in: franchise, must be competitive , or that your bill would guarantee that they compete? PRESIDING OFFICER : (SENATOR MAITLAND) Senator Watson . SENATOR WATSON : Well, actually, I thlnk that's what we'ie trying to establishr ls competition. And that's -- and that's one thing that we don't have currently in the -- in the cable industry . A t least, in many cases, it is locked out . The -- many of the communities simply won 't negotiate with a second franchise because of the existlng law . PRESIDING OFFICER : (SENATOR MAITLAND) Senato r Dudycz. SENATOR DUDYCZ: So -- so you 're saying that this bill will -- w l1l cause competltlon, will -- will have it fair for the consumer and for all pa rties involved . Well, let's -- let 's have an example here . Cablevision of southern Illino is - it 's got a to tal of twenty-four 172 ! i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19 , 1997 thousand subscribers, has revenues of 4 .8 m llllon dollars r sixteen employees . And this cable company services communities like Mt . Vernon , Ashley , Carlyle , Central Cityy Centralia , Chester and Grayville and Glensburry (sic). We al1 know where they are. Right, Senator Watson? And now you 're going to have ... PRESIDING OFFICER: (SENATOR MAITLAND) Is that a question? No . SENATOR DUDYCZ: . . . Ameritech com ing into the pieture w ith a thirty-five-billion-dolla r -- annual revenues ; nineteen thousand-dollar (sic) employees; five state multinational corpc ration , wh ich p rovides long distance , cab le , lccal telephone , home security systems: cellula r phone . And you 're talk ing about competitive . That 's not competttive . You 're brlnging the -- this is an absolute case of David versus Go lia th . Vcu 've goe -- Senator Watsony why don 't you take this bill out of the reco rd? They were so close last night negotiating . Twice they -- they believed -- the negotia tors of cable and Ameriteeh belleved that they reached an understanding that they were very r very close to reaching a comprom ise . 80 th tlmes when'they -- When the conferees went to their corporate offices, or to their golden domes, 9r wherever they go , where all these head honchos are , Ameritech came back W ith an answer twice . Both tlmesy one word : No . They did not offer any other alternative. They just said no. They Went back to the table trying to negotiate again. They reached some sort of basic understanding that they thought they were very, very close . Again , they went back to Amerltech 's co rporate offtces and the big bosses sa id , ''No z we don 't need to . We 're Ameritech .'' That 's no e fair. Now , you know what? I have ano ther suggestion , Senator Watscn . Why don 't you either pull the bill , or -- . or if you don't, why don't we just vote it down? Because Senator Rauschenberger has Senate Bll1 930 tha t he 's p repared to amend . l73 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 He 's got lt on Recall. He 's golng to amend it with the language that was almost agreed upon last night, and we cculd work -- go forward with that bill . Because , right nowz Senator Watson , seems like there is a stumbling block and Goliath is not llstening to David 's pleas r and I would hope that the Members of the Senate do .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Dillard .

SENATOR DILLARD

Thank you , Mr. President. Would the sponsor yield fo r a question?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield r Senato r Dillard .

SENATOR DILLARD

Senator Watson, I'm a -- I 'm a little confused , and know tha t we Were very close at negotiating an agreement between two very good entities : Ameritech and the cable television industry. So just so I'm clear, and this is my question: If the cable television lndustry, whoever that franchisee : has an agreement, Amerltech then, or the new competitbr, can come in and essentially get the same dealz and the municipality or local government can come in, you know , and offer/ under the same term s, that agreement to a second company . Is that what th is bill is abcut?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

SENATOR WATSON

Well, first of all, it's about competition . That 's what it's first about . But secondly, and to answer your question specifically , is that ycu have to have a comparable contract . You have to offer the second franchise a comparable contract . Right now, it is just simply line by line. In other words, you build a studio -- first franchise builds a studio ; second franchise has to STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 build a studio . That 's the way it is right now . That 's ridiculous . A duplication o f effort. So what we 're trying to do is say , let 's create some flexibility . Let 's let some other maybe - - and -- and think about it, when -- how many -- long has cable television been around? Fifteen , twenty years. Some of the technology has changed. Obviouslg, there needs to be some revisions in in current -- o rr possible current contracks that will enable the best service to be provided to the people that are belng served in that area . So , it has to be a comparable contract that 's what -- that's what the language says - but not line by line .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Dillard .

SENATOR DILLARD

. . . sports fan, Senator Watson . Let 's use an analogy to free agency in major league baseball or sports. If a cable franchise has a contract, and Aneritech , for my hypothetical , comes in , and they are able to supersede o r come in after the cable franchise , does that cable franchlsee then have a third right to come in after Ameritech and even make a better offer, better than Ameritech offered to that municipality? If the cable company Will lower its rates or change its terms, do they get another bite of the apple to undercut Ameritech?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson . SENATOR WATSON : Well, everybody keeps talking about undercutting and different levels of contract . It can't be that way . The contracts have to be comparable, and r yes , the answer is the re 's no limit as to the number of franch lses that could be neqotiated . ReallsEically though , th ink that you would say that two would be probably the maximum number mcst comnunities would want -- want to negotiate . STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legisla tive Day March 1997 But the answer to that is certainly yes .

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Dillard .

SENATOR DILLARD

And I guess just to the bill, Mr. Presidentr and -- and I certainly commend Senator Watson , who had patience during the Veto Session on this issuew and again this spring, and I know Frank has worked very hard on this . But I guess agree with Senator Dudycz that we 're very, very close , I believe y to some type of negotiated agreement here, and it is very frustrating to p it two decent industries , Ameritech -- or , companies - Ameritech and the cable television lndustry - together. And I just wish, again, that he wouldn 't p roceed with this bill , that We waity and we try to fo rce some kind of comp romise between these parties . There are othe r bills , I believe , around that could be an approp riate vehicle . Andy you know, it's just unfortunate ke weren't able to come to some compromise here, 'cause I think one could be had .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussian? Senator Trotter.

SENATOR TROTTER

Thank you very much, Mr. President, Members of this Chamber. This bill is -- about choice . This b ill is about options . Unfo rtunately, to -- maybe and p robably to the chagrin of many individuals: this is not a perfect wo rld . To some , a perfect world would be one that 's filled with only good Republieans . It not like that. There is diverslty out he re . There is dinension . Now , I don 't know what bootleg thesaurus that some of our Members have been reading from , but the bottom line is comparable is not synonymous with unfa ir. You know , cho ice is no t synonymous w ith d iscrimination . Options breeds and encourages competition. Competition is what's built this country. That's what makes th is country great. So let 's stop being pa rano id and l76 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 let 's vote for ehis bill , and let 's let 's go on and deal vith the business of this Chamber.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Donahue .

SENATOR DONAHUE

Well, thank you very much , Mr . President and Ladies and Gentlemen of the Senate . I rise in oppcsition to thls bill y and -- and I 'm interested in how we work on this comp romlse if it goes ta the House . meanr if something -- if we do come to an ag reement that -- I'm all for tha t, Senator Watson, but wha t happens if it gets -- this bill gets to the House and there is no agreement? It's out of our control . And tha t bothers me , and have concerns. Can you have any dealing w ith getting to the House, do you have any way to assure us that it Won ft mcve?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Wakscn.

SENATOR WATSON

Well , of courser we lose control, and I lose conbrol When iE leaves herer and there 's no way I can comm it to -- to the House sponsor that -- that -- certaln things happen. But havé talked - and they 're sitting right up here w ith the cable network people and have met With them on several d ifferent occasions r as has -- and we keep talking about this Ameritech y but it 's no t necessarily Ameritech . It can be another cable netwo rk that can come in and get a second franchise . But have talked with Amerltech , people there, and -- and I have told them - I 've told the co rporate people - that I want to see negotiations continue , I think they a re very close , and I would like to see this Worked out . I mean -- and that 's -- that fs my interest . think that 's both the cable industry 's interest and I think that 's Ameritech 's interest. And I think we 'll move towards that end .

PRESIDING OFFTCER (SENATOR MAITLAND)

PRESIDING OFFTCER: (SENATOR MAITLAND) 177 STATE OF ILLINO TS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 Senator Donahue .

SENATOR DONAHDE

Wellr thank you , Senator Watson . 1, too , have a great deal of respect for what you 've done in rega rd to this , although we do disagree . Let me -- let me address a coup le of po ints , and Iy too - - I know a lot of things have been sa id about Ameritech , but I have a different analogy , ycu know , when we talk about bigger. I don 't mind competition if it 's a level p lay ing field , but for just for the sake of an analogy, and I can't talk about what -- like what Senator D illard was doing, but I think I can give it to you in a way I think . Say I was goinq to have a figh t kith Senator Luechtefeld . He 's a heck of a 1ot bigger than I am , but I 'm willing to take h1m on , because I think I m ight be quicker . might be able to maneuver a little b tt better . Sorry , David . But on the other hand : maybe I might wane to eake on -- Senator Fawell and I might be having a fight . I 'm a little bit bigger khan Bev , and -- but she might be a ltttle smarter, but that 's a11 riqht, because you 've :ot bigger and you 've :ot smaller but the competltion is level . But what I 'm saying is under this billy you 're tying my hand behtnd my baek and I can 't figbt fair . And that 's the problem . When we talk about that local contract that 's already being -- orr has been negotiated with the incumbent companles - the studio y the access fees, having to have all these lines to these various companies or entities as understand th is bill , the company com ing in - the new company - kould be able to utilize those facilities and those accesses at no cost . That studio ls a cost to the incumbent company and w ill have access by the new company coming don 't think that 's riçht , and I don 't think that 's fair . We 're trying to say r in this b ill , comparable technologies and not a line-by-line contract. Well, let 's think about those comparable technologies . If you have a better line and a better system coming in, that 's great . You lre 178 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day Ma rch l9, 1997 going to have an advantage, because you 're going to have a better system and things to offer. That puts the onus on the ineumbent company to come up with somethlng. And I'm just saying that this bill does not allow fo r true , fa ir competition in What we say And that's the p roblem . And I think that's why people a re qetting very nervous about would just say, again, I have respect for the sponsor. I think he's done a wonderful job to a point, because We haven 't gotten to the point we all feel we should be. So T would just suggest maybe a Present cr a No vote: and hope that we can come up With something later in the Session .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Further dlscussion? Senator DeLeo , for what purpose do you arise , sir? SENATOR DeLEO : Polnt of personal privilege .

PRESIDING OFFICER (SENATOR MAITLARD)

PRESIDING OFFICER: (SENATOR MAITLARD) State your point, slr. SENATOR DeLEO : Thank you , Mr . President . And I apolog ize for interruptin: in the debate on Senate Bi1l 999 , but I 'd like to introduce the Presidçnt of the Cook County Bcardy the Honorable John Stroger.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Mr. Stroger, please rise . Welcome . M r. Chairman, welcome to Springfield . Weleome to Springfield . Further d iscussion? Sena tor Clayborne .

SENATOR CLAYBORNE

Thank you , Mr. President. I -- I'd like to nake a couple o f comments regarding this bill, if my mike will hold up . Hcweverr we pre -- in this case r we fre talking about competition , and for those of you-all who have cable , I guess that you know that they basically eontrol the p rice , the price increases , and the quality of service. But I want you to -- I want to tell you one thing . 179 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislatlve Day March l9 , 1997 There 's a section in my district where cable do they they 're of the opinion that they do not have to put cable on the other side of the street because it 's an extra cost. So there 's one or two blocks in my district -- orr in East St . Louis where there ds no cable. And the reason why , cable will not take the extra cost to run lines and put lines on the other side . So what do I say to those people who don 't have cable who have a desire to have cable? What I say -- say to them is that if we allow competition, then the new cable company, or the o1d cable company , will add lines to provide quality of servlce to those individuals . Now , the other thing I 'd like eo say regarding competition is tha t lmp roves service, it improves the p rlce, and it p rov ides an alternative , which very impo rtant, because that's what competition is a1l about. But the the other thlng that 's most important -- and we 're talking about the David and the Goliaths when when my cable man comes out. he climbs a telephone pole to connect the cable up to my home. We 're talking about Davld and the Goliath , but cable is using the telephone lines. What costs have have they paid or they 've incurred for those telephone lines to be up there? Let 's be fa ir. Let 's be honest. And the other thing is , the most important thing about this 1s that We give Our constituents an opportunity to ehoose the best quality of service. And f think that we should support this bill r that this is a good billz and it's the reason why We have different -- different telephcne companies r d ifferen: services throughout this whole industry , because it p romo tes a high quallty of service . And I -- support this bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senato r Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Mr. President, Ladies and Gentlemen of the Senate. don't thlnk there's any bigger proponent of competttion in this l80 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9 , 1997 Chamber than myself. I 've worked under the leadership of Sena tor Mahar fo r nearly three years on figuring out how to bring competition to monopolies like electric and telecommunica tions . But there fs some things you need to know about this blll that you may not understand . Cable today is not , and never was, a monopoly . Cable is one way o f delivering a television signal. It competes already it competes -- it competes already with both the broadcast and the satellite industry . So we hre nat talking aboue a monopoly when we 're talking about cable . We 're talking about one delivery system . Keep that in m ind . The second thing you need to understand is there are two Ameritechs . This is not our friends, the Ameritech telephone people , who are dealing wlth the issues of inter-LATA connections and and moving on to the long-distance business. This is Amerttech New Media, a spin-off subsldia ry of the o ld Ameritech . When we asked them in committee why they selected the name ''Ameritech ,'' and whether they though t any of that name or any of their publicity or any of their name recognition was related to the telephone company , they sa id , welly they weren 't sure r but it was an awful good name and a good reputation . So there 's a natural advantaqe when you see a spin-off of a -- of a -- of a telephone company the cable business . For those of you who think that this will increase competltion , it ls my firm belief that lt w lll not. Ameritech is not runninq around the State oe Illinois looklng for underserved areas to expand the cable business. What they have done is they have selected ccmmunities with high denstty and hlgh volume and have decided to negotiate second agreements to enter those comm unities . This , in fact , will , believe , reduce the amount of avatlabillty of cable in underserved parts of the states, because goin: to drive the current cable franehisers into economic -- serious economic problems. Keep in nind, as well, that Ameritech New Medla is not laying traditional cable . You need to understand l8l STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leg islative Day Ma rch 19 , 1997 - - I thlnk you need to understand the relationshtps and the crossover into what 's happening in telecommunications. Most cable companies laid earller cable and have just reeently been updating to four-fifty cable throughout their systems . Ameritech is already laying today stx-fifty swttchable cable . Six-flfty sw itchable cable has almost no applieatlon in the cable industry . Many people wonder if thls is no t really their -- their beginning of updating to a fiber-optlc system fo r telephone and cable combined , doing it outside of fede ral requlations through the cable industry . As much money as -- as AT&T has, as much clout and lntelligence as MCI and Sp rint and every other telephone company in the -- in -- that 's operating in the United States , no one believes -- no one 's come to us , in -- in two years , and sa id they can affo rd to 1ay new fiber-optic cable in communlties through the State of Illinois to duplicate the telephone system . Yet, fo r a market that 's generally got half as much penetration and less disposable revenue p Ameritech is targeting northeastern r high-volume communities to lay neW six-fifty switchable cable . There 's a 1ot more here than meets the eye . This W ill not improve competition. T believe 1t will ac eually decrease it. When we ' talk about fixin: the -- the arrangements, I would agree that if you 're talking about a slxteen- or a fifteen- or a' fourteen-year-old franchise ag reement that was entered into ln good faith by a cable provider who thouqht he was qetting an exclusive right - okay? - that may be an antiquated arrangement . But to say that a second person can come in and negotiate a replacement contract and not have it reciprocally avatlable to both providers of cable in that community is just not equitable. This is about what 's equitable . This is about a favorable , even playing ground . This is about keeping your eye on the ball . Don 't 1et Ameritech get away with ealling th is a fairness bill. It's not. This is not a competition bill. This is not an 182 I - .- .. - 1 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 expansion-of-access btll . This is a b ill where Ameritech is seeking a competitive advantage, I firmly believe . And -- I would like you to think very seriously about voting Present or No to encourage further negotiations. I fully respect the sponsor.

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) Fully -- further discussion? Senator Geo-Karis .

SENATOR GEO-KARIS

Mr. P resident and Ladies and Gentlemen of the Sena te , would like to concur with the statements that Senator Rauschenberger made , and I don 't always agree with him e but I dc today . And I 'd like to concur with the statements that Senator Donahue made and Senator Dudycz made . In my district, ane of my municlpalities y Verncn Hills, their contract with the cable company has always p rovided that if they Wanted to have another cable company come in , they could . I don 't see the purpose of this bill. I mean : competitton should exist. I have two eable companies servicing my district , and they -- they know that if the municipalitles in ou r district want to add ano ther cable company , they can . So I don 't see the purpose of this bill at all: because just like Senator Dudycz sa id , that it 's a question of Goliath and David . And let's not kid ourselves . Ameritech has the resources , has the mailing lists , the telephone customer revenuesr and and ' the telephone company employees to build their cable system , and I think that we 're go in: too far afield . I belleve in a small business enterprise, and I speak against the bill.

PRESIDTNG OFFICER (SENATOR MATTLAND)

PRESIDTNG OFFICER: (SENATOR MATTLAND) Senator Watson , to close.

SENATOR WATSON

Yes . Thank you r M r. President. Well, first of let 's -- let 's make a few th ings -- clarify a few statements that have been made. Ameritech is being the bad guy by some people here. But what you have to understand is this isn 't for Ameritech ; this is l83 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997 for a second franchise . The cable industry -- anybody can come in and bid on that second franchise and offer to communicate and negotiate with the local governing body , whether it 's a county or a munlcipality, this particular second franchise. So don't think that we should always necessarily point the flnger at Ameritech . And 1et me ask you about this : Have any of you hea rd of Time/Warner before? Or anybcdy ever heard of TCI? Theylre not exactly sma ll p layers in the stock exchange right now . They 're major players. In some cases, they're larger than Ameritech. That 's cable tndustry in some cases . Well, this isn 't the little guy versus the Goliath . This is trying to create competitionz and anybody that believes in the free-market theory of ''compete or get out'' -- and I do that every day in my drugstore . If can 't compete with Wal-Mart o r can 't compete with Revco or Whoever it might be , I 'm gone . And that 's the way it ought to be . And that 's all we 're asking here, is to give the local communitles the decisicn maklng at the local level by people who are elected by -- at the local level . In county government and city government, the right to make a decision tha t in the best interest of whom ? The people they rep resent , the consume r. How many people got u'p and even mentioned the consumer? If you go out in the street right noW and pull half the people off and sayr ''What do you think about cable televisionz'' they bll tell you it's a monopoly; there ought to be competition . Well, that 's what we fre trying to do . And that 's all. I'd appreciate a Yes vote .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) The question is , shall Senate B kll 999 pass. Thcse in favor will vote Aye . Oppcsed , Nay . The voting is open . Have all voted who Wish? Have all voted Who w ish? Have a1l voted Who wlsh? Take the record r M r. Secreta ry . On that question : the re are Ayes r 12 Naysr 8 Members voting Present . Senate Bill 999 : having received the required constitutional majority, is declared passed. 184 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19 # 1997 Senator Halvorson , on -- on Senate Bill 1002. Senate Bill 1007 . Senator Karp iel . Senate Bil1 1012. Senator Weaver. Read the -- Senator Weaver.

SENATOR WEAVER

I 'd like to re-refer this bill to Rules Commlttee .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senato r Weaver moves to refer Senate Bill 1012 to the Senate Committee on Rules . Those in favor, say Aye. Opposed , Nay . The Ayes have it, and the bill is re-referred . Senate B ill 1012 is re-referred to Rules . Senator -- 1018 . Senator Butler . Read the bill, Mr. -- I 'm sorry . Sena tor Butler.

SENATOR BUTLER

Mr . President, I 'd like thls bill to be recomm ltted to Sena te Rules .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Butler moves to re-refer Senate Bill 1018 to the Committee -- Senate Comm ittee on Rules . Those in favor, vote (sicl Aye. Opposed, Nay. The Ayes have it, and the bill is referred to Rules. Senate Bill 1019 . Senator Karpiel. Senate Bi11 1020. Senator Dilla rd . Read the bill, Mr. Secreta ry .

Harry (surname or first name uncertain)

Senate Bill 1020. (Secretary reads title of bill) 3rd Read ing of the b111 .

PRESIDING OFFICER (SENATOR MATTLAND)

PRESIDING OFFICER: (SENATOR MATTLAND) Senator Dillard.

SENATOR DILLARD

Thank you y M r. -- thank you, Mr . Presldent, Ladies and Gentlemen of the Senate. This is a uniform limited liabiltty company bill khat comes from a task force and a couple of yea rs of work from Secretary of State George Ryan ls Office and also the National Conference of Commlssioners on Uniform State Laws, and it 185 I STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March l9: 1997 brings our Uniform L im ited Ltability Company Act into , guess , a - - a format that is more workable and updated than the cu rrent limitations tha t there a re under this Ac t. This has received extensive input from the bar associatlons and from twc statew ide task force and the Natkonal Conference on the Comm issioners of Uniform State Laws , and I 'd be happy to answe r any questions .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Is there discussion? Is there discussion? not , the question 1s , shall Senate Bill 1020 pass . Those in favor Will vote Aye . Opposed , Nay . The voting is open . Have al1 voted Who wish? Have a11 vo ted Who w ish? Have al1 voted who w ish? Take the record , Madam Secretary . On that question, there are 54 Ayes, no Nays, no Members voting P resent. Senate Bill 1020: hav ing received the required constikutional majority, is declared passed. Senate Bill 1031 . Senator Burzynski. Senate Bill -- Senate B ill 1041. Senator Parker . Read the bill, Madam Seeretary .

ACTING SECRETARY HAWKER

Senate Bill 1041. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Parker.

SENATOR PARKER

Thank you : Mr . President, Ladies and Gentlemen of the Senate . Senate Bill 1041 amends the Uniform Interstate Fam ily Support Act . We had heard debate on this already . It is part of Senator Lauzen 's bill. However, th is amendment needs to be accomplished : otherw lse we Will be losing federal funds because of the compliance. So we just wanted to send this forward on a separate bill in case there was any controversy on the more complicated bill later . And I Will answer any questions .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) 186 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19: 1997 Is there dlscussion? Is there discussion? If noty the question is , shall Senate Bill 1041 pass . Those favo r vote Aye. Opposed , Nay . The voting is open. Have a1l voted Who wish? Have all voted who Wish? Have a1l voted who Wish? Take the record , Madam Secretary . On that question , there are 56 Ayes r no Nays , no Members votlng Present. Senaee Bill 1041 , having received the required constitutional majorityr is declared passed. Senate Bill 1043 . Senator Geo-Karis . Senate Bill 1044. Senato r Geo-Karis . Senate Bill 1045. Senato r Geo-Karis . Senate Bill 1052. Senator Parker . Al1 right. Senate Bill 1053 . Senator Parker.

SENATOR PARKER

Thank you . llke to make a motion tc move 1052, 1053, 1058 , 1059 back to Rules .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) sena tor Parker has moved that Sena te Bills 1052, 1053, 1058 , 1059 be re-referred to the Commlttee -- Senate comm ittee on Rules . Those favor, signify by saying Aye. Opposed , Nay . The Ayes have it r and the bills are refe rred to Rules . Sena te Bill 1070 . Senato r Watson. senato r Watson . On 1070, Senator? A11 right. 1074. Senator Dillard . Read the bill, Madan Secretary .

ACTING SECRETARY HAWKER

senate Bill 1074. (secretary reads title of bill) 3rd Reading of the b ill.

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Dillard .

SENATOR DILLARD

Thank you , M r. Presldent. This is a veh icle bill primartly to hopefully be advanced out of this Chamber, sent over to the House for lansuage that would come from the Illlnois Coalition, Which is a group of buslnessr academic and government individuals trying to l87 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March l9, 1997 advance technology and luring high technology jobs to Illinois: working in conjuncticn with Argonne and Permt labs, our national laboratories. There is not language developed yet: but I'd like to move it out of here as a shell billy over to the Hcuse , in case the Illinois Coalition , worklng with DCCA , come up with comes up with language in the next month concerning high technology initiatëves in the State of Illino is .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is the re discussicn? Is there discussion? If -- if not, the questlon is : shall Senate Bill 1074 pass . Those in favo r will vote Aye . Opposed , Nay . Qhe votlng is open . Have al1 voted who wish? Have a11 voted who wish? Have all voted Who Wish? Senator Maitland has not voted on this btll yet. Take the record . On that question, there are Ayes, no Naysy no Members votinî Present. Senate Bill 1074 , having received the required constitutional majorityr is declared passed. Committee Reports.

ACTING SECRETARY HAWKER

Senator Weaver, Chairman of the Committee on Rules , reports that the following Legislative Measures have been assigned : Referred to Education Comm ittee - Senate Amendment No . 2 to Senate Bill 781 7 referred to Environment and Energy Comm ittee Senate Amendment No . 2 to Senate Bill 431, Senate Amendment No : 2 to Senate Bill 700, and Senate Amendment No . to Senate Bill 996) referred to Executive Comm ittee - Senate Amendment No . 2 to Sena te Resolutlon 2l, and Senate Amendment No . l to Senate Bill 1105) referred to Financlal Institutions Committee - Senate Amendment No . to Senate Bill 209 and Senate Amendment No . 3 ko Senate B ill 1044; referred to State Government Operations Committee - Senate Amendment No . 2 to Senate Bi11 404 , Senate Amendment No . to Sena te Bill 593, and Senate Amendment No . to Senate Bill 7777 and Be Approved for Considera tion - Senate Amendment No . to Senate Bill 423. l88 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 1997

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Obama , for what purpose do you a rise , slr?

SENATOR OBAMA

Point of personal p rivilege .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) State your pclnt,

SENATOR OBAMA

The -- I'm sorry . 1 '11 come back to it .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) All right, Senator. Tcp of page 14 is Senate Bill 1099 . Senator Parker. Read the b ill, Madam Secretary .

ACTING SECRETARY HAWKER

Senate B ill 1099 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Parker .

SENATOR PARKER

Thank you , Mr . President, Ladies and Gentlemen of the Senate . Senate B111 1099 amends the Juvenile Ccurt Act. As amended , it makes various changes relating to permanency plannin: for juveniles. We are trying to speed up that process. It permits permanency goals to be ordered by a judge instead of DCFS. It sho rtens time frame fo r the flrst permanency hearing from sixteen to twelve months in Cook County and allows new system of court review of permanency in Cook Countg . Eseablishes qualifica tions and duties for hearing officers and requ ires hearings every six months . We hape that these policies will help speed up permanency placemene for foster children in Cook County . And I would ask for a favorable vote , and answer any questions .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is the re discussion? Is there discussion? If not: the 189 STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March 1997 questton is , shall Senate Bill 1099 pass. Those in favor w ill vote Aye . Opposed r Nay . The voting is open . Have a1l voted who Wish? Have all voted who Wish? Have a1l voted who wish? Take the record , Madam Secretary . On that question , there are 54 Ayes, no Nays, no Members voting Present . Sena te Bill 1099, having received the required constttutional majorlty, is declared passed. Senato r Obama , for what purpose do you rise , slr?

SENATOR OBAMA

Thank you . I now have a purpose -- a point of personal privilegey please .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) State your po int, sir.

SENATOR OBAMA

The -- yesterday on Senate Bill 1000, I should have -- Was trying to vote Yes on this and I was recorded as a No . Just Wanted to have that in the record .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) The record will so indtcate your intent, Senator Obama . Senato r Demuzio r for What purpose do you arise, sir?

SENATOR DEMUZIO

Ea rlier today ve had Senate Bill 861. Apparently I was inadvertently voted No , and had I been there , I Would have voted Ye s .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzlo , the record w ill so indicate your intent. Senate Bill 1100 . Sena tor Cronin. Senator Cronin on the Floo r? Senator Cronin . All right. Senate Bill 1101 . Senator Rauschenberger. 1101, Senator? A1l right. Senato r 1108. Senator Butler. Senate Bill 1109 . Sena tor Klemm . Read the b ill, Madam Secretary . ACTING SECRETAR? HAWKER : Sena te Bill 1109 . l90 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day March l9 r 1997 (Secretary reads tiele of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm . SENATOR KLEMM : Yes . Thank you , M r . P resident . Senate Bill 1109 is a shell bll1, and it 's pe rtalning to the Illinois counties having certain zoning authority wlth respect to telecommunications transmitting towe rs . We have a nineteen -- or, an eighteen-page d raft that we 've got an agreement with both sides of the issue that has to be signed off on in a couple counties . We have a couple other areas that we 're d iscussing about population . We are in agreement with this , but in o rder to keep the process moving tn the House , I'd like to ask that this contlnue its negotiation, pass the bill over to finish up the work that both parties have been working on on the telecommunica tions in the counties . So I do ask for your indulgence and to pass Senate Bill 1109 . PRESIDING OFFICER : (SENATOR MAITLAND) Is there discussion? Is there discussion? If no tr the question is , shall Senate Bill 1109 pass. Those in favo r Will vote Aye. Opposed, Nay. The vgting is open. Have a11 voted Who . wish? Have al1 voted who wish? Have a11 voted who wish? Take the reeord y Madam Secretary . On that question , there are 53 Ayes, no Nays , one Member voting Present. Senate Bill 1109 , having received the required constitutional majority, is declared passed. Senator Mahar, for what purpose dc you arise , sir? SENATO R MAH AR : Purpose of an announcement. PRESIDING OFFICER: (SENATOR MAITLAND) State your point, sir . SENATOR MAHAR : The Senate Environment and Energy Comm ittee will meet at 5 l9l STATE O F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day March 19, 1997 o 'clock ln Room 212 to consider committee amendments -- Floor amendments . PRESIDING OFFICER: (SENATOR MAITLAND) Thank you . Thank you . Senator Shad ld . ' SENATOR SHADID : Mr . President, on Senate Bill 86l I inadvertently voted No . I intended to vote Yes . I Wish you 'd get the record corrected , please . Thank you . PRESIDING OFFICER : (SENATOR MAITLAND) The reco rd will so ind icate your intent: Senator Shad id . Senator Fitzgerald . SENATOR FITZGERALD : Yes . Mr . President, this is to announce a State Government Operations Committee meeting right after we adjourn here, and it will be in Room 400. Not ou r normal meeting please , which is A-l . Room 400 for State Government Operations. PRESIDING OFFICER: (SENATOR MAIDLAND) Senator Peterson, fo r what purpose do you arise r sir? SENATOR PETERSON : Thank you r Mr. President . Fo r the purposes of an announcement . The Revenue Conmittee Will meet at 5 p .m . in Rocm ' 400 to consider Floor amendments . PRESIDING OFFICER: (SENATOR MAITLAND) A11 right . Thank you very much . Before I recoqnize the rest of the llghts here, 1et me just indicate we are noe finished yet, Ladies and Gentlemen . We are not finished . So don 't -- don 't take these announcemenes as a prelude to adjournment. Senator O 'Malley r for what purpose do you rise y sir? SENATOR O 'MALLEY: For announcement purposes , Mr . President . PRESIDING OFFICER ) (SENATOR MAITLAND) State your announcement . l92 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March 1997

SENATOR O 'MALLEY

That the Financial Institutions Comm ittee will meet tomorrow mornlng on March 20th at 8 :30 a .m . in Room 400 to consider amendments .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Thank you . Senator Klemm , for what purpose do you arise , sir?

SENATOR KLEMM

For the purposes of an announcement, Mr . President.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) State your announcement.

SENATOR KLEMM

The Senate Executive Committee Will meet at 4 :30 in Room Thank you .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) A11 rlght. Thank you very much . Ladies and Gentlemen, for the purpose of expeditlng , obviously r our wo rk tomorrow r is necessary we dre going to go through Senate Bills 2nd Reading for the final time . The final time . The final time . Be sta rting in just a moment. Ladies and Gentlemen, we also have some -- some recalls also that are -- that are ready , and we will dc those when we complete the Calend#r on 2nd Reading . Okay? Senator Jacobs, for what purpose do you arlse , sir?

SENATOR JACOBS

Just for the purpose of cleaning up the Calendar a little bitr too . I would like to have Senate B ill l56 re-referred to Rules .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Jacobs has moved to re-refer to the Comm ittee on Senate Rules, Senate Bill 156. Those in favor, say Aye. Opposed , Nay . The Ayes have it , and the bill ls so -- is referred - - is re-referred to the Committee on Senate Rules . Senato r Lauzen , for what purpose do you arise, sir?

SENATOR LAUZEN

l93 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslative Day March 19, 1997 Let's see . To move 204 and 206 -- re-refer those back to Senate Rules.

PRESIDING OFFICER (SENATOR MATTLAND)

PRESIDING OFFICER : (SENATOR MATTLAND) Senator Lauzen has moved that Senate Bills 204 and 206 - is that rëght, 204 and 206, Senator? - be re-referred to the Comm ittee on Senate Rules . Those in favo r, say Aye . Opposed z Nay . Ayes have it , and the bills are re-referred to the Comm lttee on Rules . Senator Sieben, for what purpcse do you arise e sir?

SENATOR SIEBEN

For the same motlon, Mr. President, to mlve Senate B ills 306, 604 and 674 , to be re-referred to the Rules Committee.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Sieben haS moved that Senate Bills 306 , 604 and 674 be re-referred to the Senate Comm ittee on Rules . Those in favor y say Aye . Opposed , Nay . The Ayes have it, and the bills a re re-referred to Senate Rules Comm ittee . All right, Ladies and Gentlemen. Senate Bill 664. Senator Butler. Last time . Okay . Senate Bill 686 . Senato r Walsh . A ll right. Senate Bill 912. Senator Berman . Is Senator Berman on the Floo r? Last time . Senator Berman. A1l right . Okay . Out of the reco rd , Madam Secretary. Senate Bill 922. Senator Shadid. A1l right. All right, Ladies and Gentlemen , Senate Bills 3rd Reading . Sena te 3ill -- for the purposes of recall. Senate Bill -- Senate Bill 85. Senato r Donahue, do you wish this bill returned Eo the -- Eo 2nd Reading for the purpose of an amendnent? Senator Donahue seeks leave of the Body to reeurn Sena te Bill 85 to the Order of 2nd Readlng for the purpose of an amendment. Hearing no cbjection, leave -- is leave granted? Hearin: no objectiony leave is granted . On the Order of 2nd Reading is Senate Bill 85 . Madam Secretary , are there any Floor amendments app roved for consideration? ACTING SECRETARY HAWKER : . 194 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March l9, 1997 Amendment No . offered by Senator Donahue .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Donahue . Sena tor Donahue.

SENATOR DONAHUE

Sorry . The light wasn ft on . Thank you , Mr. President , Lad ies and Gentlemen of the Senate . This amendment takes care of the concern that was raised in comm ittee . removes the words ''horseplay'' and ''frolicking'' That 's wha t it does, and I would ask for your approval.

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) A1l rlght. Is there discussion? Is there discussion? notv Senato r Donahue moves the adoptlon of Floor Amendment No . to Senate Bill 85. Those in favor, say Aye . Opposed , Nay . The Ayes have and the amendment is adopted . A re there any further Floor amendments approved for consideration, Madam Secretary?

ACTING SECRETARY HAWKER

No further amendments reported , Mr . President.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) 3rd Readinî . On top of page -- on page 6 is Sena te Bill 423. Senato r Fitzgerald , do you wish thls bill returned to -- to 2nd Reading for the purpose of an amendment? Senatcr Fitzgera ld has - - does seek leave of the Body to return Senate Bill 423 to the O rder c f 2nd Reading for the purpose of an amendment . Leave granted? Leave is granted. There is no objection. On the Order of 2nd Reading is Senate B ill 423. Madam Secretary , are there any Floor amendments approved for consideration?

ACT ING SECRETARY HAWKER

Amendment No. 2, offered by Senator Rauschenberger (sicl.

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Rauschenberger. Senato r Rauschenberger. Senatcr Fitzçerald , to handle the amendment for Senato r Rauschenberger. Senator Fitzgerald . I 'm -- okay . Time out . Senato r l95 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Leglslative Day Marcb 19, 1997 Rauschenberger , you have the first amendment on this b ill. A1l right. Senator Rauschenberger: on -- on Committee Amendment -- on Flcor Amendment No . 2. Senator Fitzgerald , on -- on Floo r Amendment No . 2 . Senator Fitzgerald .

SENATOR PITZGERALD

Thank you . This ls the community college retirees health insurance . Senate Amendment No . 2 removed the City Colleges of Chicago out c f the b ill in o rder to gain -- it gains the IPT 'S support on the bill, and it also changed the implementa tion date to be allied with the State 's fiscal year .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) A1l right. Is there discussion? Is there discussion? If not, those in favor of Floor Amendment No . 2 to Senate B ill 423 , say Aye . Opposed z Nay . The Ayes have it: and the amendment is adcp eed . A re there fureher Fkoor amendments app roved fo r consideration , Madam Secretary? '

ACT ING SECRETARY HAWKER

Amendment No . 3, offered by Senator F ikzgerald .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fitzgerald .

SENATOR FITZGERALD

Yes . This was a strictly technical amendment that added a date that was left ouE . And that's -- thak's all .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) All right. Is there discussion? If not, Senato r Fitzgerald has moved the adoption of Floor Amendment No . 3 to Senate Bt1l 423. Those in favor, say Aye . Opposed r Nay . The Ayes have it r and the amendment is adopted . Are there any further Floor amendments app roved for consideration , Madam Secreta ry?

ACTING SECRETARY HAWKER

No further amendments reported , Mr . President. PRESIDING OFFICER: (SENATOR MAITLAND) l96 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day Ma rch l9, 1997 3rd Reading . All right . On Senate Bills 3rd Read ing is Senate Bill 436 . A ll right. Senate Bill -- Senate B ill 557 . Senator Cronin , do you wish this b111 returned to 2nd Reading for the purpose of an amendment? Senator Cronin seeks leave of the Body to return Senate Bill 557 to the O rder of 2nd Reading for the purpose of an amendment. Is leave granted? Hearing no objection, leave is granted . Senate B ill 557 is on the O rde r of 2nd Read ing . Madam Secreta ry , a re there any Floo r amendments app roved for consideraticn?

ACTING SECRETARY HAWKER

Amendment No . offered by Senator Cronin .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Cronln .

SENATOR CRONIN

Thank you r M r. P resident , Ladies and Gentlemen of the Senate . This is an amendment that was worked with the teachers . union, the Illino is Education Association and the sehool management group with the State Boa rd of Education. This, think , imprcves the bill and lt makes a number of different changes . Changes the name of the program from Alternative Teacher Certification Program to Alternative Route to Teacher Certification prog ram . Very important change. Requlres program participants to, in addition to having a bachelor's degree, having been employed fcr a period of at least five years in an area requlring applicatlon of the individual's education. That kind of fulfills the intent of the legislation in that there a re these individuals out there that have a bachelor 's degree, and they have valuable work experience , who want to get into the teaching profession, but the -- the -- the route to teacher certification is too burdensome . That fulfills that intent , and the ''route'' ls an accurate way to describe it . It also says that it provides that when a p rogram participant is assigned to a classroom full time fo r the first l97 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 26th Legislative Day March 19 r 1997 year, tha e pe rson must be assigned a meneor teacher to advlse and assist the person with their assignment. This is something that really goes above and beyond the current teaehing certificatlon requirements. Fourthly, it provides that upon successful completion of the one-year full-time assignment in a classrocm , p rogram partlcipants shall be awarded a regula r teaching certificate , rather than a standard alternative teach ing certlfieate . So they 're getting a for-real, one-hund red-percent-value teaching certificate , and that 's good . And finally , it repeals the language that passed for Chicago only in the Veto Session, so this bill will govern alternative certification statew ide . I ask for your favo rable conslderation . This is one component in many that are needed tc reform our educa tional system in this Stat/. Thank ... END OF TAPE TAPE 5

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is ehere discussion? If -- lf not, Senaeo r Cronin moves the adoption of Floo r Amendment No . to Senate Bill 557. Those in favor, say Aye . Opposed ; Nay . The Ayes have it, and the amendment ls adopted . A re the re any further Floo r amendments approved for consideration, Madam Secretary?

ACTING SECRETARY HAWKER

No further amendments reported , Mr. Presldent . PRESTDTNG OFFICER) (SENATOR MAITLAND) 3rd Reading . Any further business to come before the Senate? Any further announcements? If not, Senator Senator Cronin, for l98 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislatlve Day March 19, 1997 what purpose do you ariser sir?

SENATOR CRONIN

Eor for purposes of an announcement, please.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) State your announcement .

SENATOR CRONIN

The Senate Education Committee sha ll meet tomorrow morning . Tomorrow morning at 8 a .m . in Room 212 .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) A 11 right. Thank you . Is there any further business to come before the Senate? If not, Senator Myers moves that the Senate stand adjourned until 9 a.m., Thursday, March 20th. Senate is adjourned. l99 ; REPORT: TIFLDAY STATE OF ILLINOIS 97/07/31 PAGE: 001 90TH GENERAL ASSEMBLY 12:39:44 SENATE DAILY TRàNSCRIPTION OF DEBATE INDEX MARCH 19, 1997 HB-0709 FIRST READING SB-0O03 THIRD READING SB-0005 THIRD READING SB-0007 THIRD READING SB-0009 THIRD READING SB-0013 THIRD READING SB-0030 RECALLED SB-005k SECOND READING 58-0063 SECOND READING 58-0065 THIRD READING SB-0073 SECOND READING SB-0074 SECOND READING SB-0075 SECOND READING SB-0076 SECOND READING 58-0085 RECALLED 58-0123 THIRD READING :8-0129 RECALLED SB-0141 SECOND READING SB-0151 THIRD READING SB-0156 MOTION SB-0171 SECOND READING SB-019V RECALLED SB-0196 RECALLED SB-0203 SECOND READING SB-020R MOTION 58-0206 MOTION 58-0225 RECALLED 58-0228 OTHER 58-0228 OTHER SB-0240 RECALLED SB-0305 THIRD REâDING SB-0306 MOTION SB-030T RECALLED 58-0327 THIRD READING SB-0345 THIRD READING SB-0350 MOTION SB-0351 RECALLED 58-0356 THIRD READING 58-0356 0ëT OF RECORD 58-0358 RECALLED :8-0366 THIRD READING 58-0372 RECALLED 58-0373 RECALLED SB-037R THIRD READING 58-0378 SECOND READING SB-0381 THIRD READING SB-0381 OTHER SB-040k THIRD READING SB-040) 0UT OF RECORD SB-0M06 THIRD READING :B-0M17 SECOND READING SB-0)23 RECALLED SB-0)28 RECALLED SB-04R4 THIRD READINC SB-0457 THIRD READING SB-0457 OTHER SB-0M59 SECOND READING SB-0M69 RECàLLED 58-0476 RECALLED SB-0R90 RECALLED 58-0493 SECOND READING 58-0495 RECALLED 58-0509 RECALLED 58-0521 THIRD READING REPORT: TIFLDAY STATE OF ILLINOIS 97/07/31 PACE: 002 90TH GENERAL ASSEMBLY 12:39:44 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 19, 1997 SB-O543 RECALLED SB-0549 THIRD READING 58-0557 RECALLED 58-0558 RECALLED SB-0570 THIRD READING SB-05T0 OTHER sB-05T4 THIRD READING 58-0599 THIRD READING SB-060: HOTION :8-0605 THIRD READING SB-0610 RECALLED 58-0626 THIRD READING 58-0658 THIRD READING 58-0658 OTHER 58-0659 THIRD READING 58-0663 SECOND READING 58-0665 RECALLED 58-0672 RECALLED 58-0674 HOTION 58-0677 THIRD READING 58-0678 HOTION SB-06T9 MOTION SB-0680 THIRD READING :8-0682 RECALLED 58-0685 THIRD READING SB-0690 THIRD READING SB-0691 THIRD READING 58-0709 THIRD READING SB-0710 THIRD READING SB-0711 SECOND READING sB-0716 RECALLED 58-0723 RECALLED SB-0730 RECALLED :8-0747 THIRD READING 58-0753 RECALLED 58-0755 RECALLED 58-0796 THIRD READING SB-0800 RECALLED SB-0801 SECOND READING SB-0815 SECOND READING 58-0827 THIRD READING SB-0860 THIRD READING 58-0861 THIRD READING SB-0861 OTHER 58-0861 OTHER 58-0866 THIRD REâDING 58-0867 HOTION 58-0868 HOTION 58-0869 HOTION SB-0870 MOTION s8-0872 MOTION 58-0873 MOTION 58-0874 HOTION 58-0875 MOTION 58-0890 SECOND READING :8-0895 THIRD READING 58-0902 RECALLED SB-0921 THIRD REâDING SB-0927 RECAqLED 58-0929 THIRD READING 58-0939 THIRD READING 58-0950 RECâLLED 58-0952 SECOND READING 58-0953 RECâLLED REPOHT: TIFLDAY STATE OF ILLINOIS 97/07/31 PAGE: 003 90TH GENERAL ASSEMBLY 12:39::4 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 19, 1997 58-0968 THIRD READING PAGE 58-0999 THIRD READING PAGE SB-1O00 OTHER PAGE SB-1001 RECALLED PAGE SB-1012 HOTION PAGE SB-1018 HOTION PAGE SB-1020 THIRD READING PAGE SB-10k1 THIRD READING PAGE SB-1QR8 RECALLED PâGE SB-1052 MOTION PâGE SB-1053 HOTION PAGE :8-1058 HOTION PAGE SB-1059 MOTION PAGE SB-1072 SECOND READING PAGE SB-1074 THIRD READING PAGE SB-108M SECOND READING PAGE SB-1099 THIRD READING PAGE SB-1105 SECOND READING PAGE SB-1109 THIRD REàDING PAGE SUBJECT HATTER SENATE T0 ORDER - PRESJDEKT PHILIP PAGE 1 PRAYER - REVEREND GARY RHODES PAGE 1 PLEDGE OF ALLEGIâNCE, LED BY SENATOR SIEBEN PAGE 1 JOVRNALS - APPROVED PAGE 1 JOERNâLS - POSTPONED PAGE 1 COHMITTEE REPORTS PAGE 2 HESSAGE FOR THE GOVERNOR PAGE 3 INTRODUCTION OF GUEST-SENATOR HADIG:N PAGE 3 GPEST SPEAKER-IL CTY FAIR QUEEN ATHENA TAYLOR PAGE 4 INTRODUCTION OF GUEST - SENATOR DEMUZIO PàGE 11 GUEST SPEAKER-FF: PRESIDENT HUNT LACEY PâGE 4 COMHITTEE REPORT PàGE 188 ADJODRNMENT PAGE 199