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Illinois Senate Floor Debate — May 13, 1997

90th General Assembly (1997-1998) · Legislative day 47 · Regular Session
Chamber
Senate
General Assembly
90th (1997-1998)
Date
May 13, 1997
Legislative day
47
Session
Regular Session
Speaker turns
967
Original
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PRESIDING OFFICER

(SENATOR GEO-KARIS) May 13, 1997 The regular Session of the 90th General Assembly will come to order. Will the Members please be in their seat and at their desks, and will our guests in the gallery please rise? Our prayer today will be given by the Reverend Rita Nafziger, Wesley United Methodist Church, Springfield, Illinois. Reverend Nafziger.

THE REVEREND RITA NAFZIGER

(Prayer by the Reverend Rita Nafziger)

PRESIDING OFFICER

(SENATOR GEO-KARIS) At this time, we'll have the Pledge of Allegiance, led by Senator Sieben.

SENATOR SIEBEN

(Pledge of Allegiance, led by Senator Sieben)

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Reading of the Journal. Senator Butler.

SENATOR BUTLER

Madam President, I move that reading and approval of the Journals of Wednesday, May 7th; Thursday, May 8th; Friday, May 9th; and Monday, May 12th, in the year 1997, be postponed, pending arrival of the printed Journals.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) There being no objection, it's so ordered. Committee Message from the House.

Harry (surname or first name uncertain)

A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 13, together with House Amendment 1. We have like Messages on the following Senate Bills, with House Amendments: 14, with Amendment 1; 83, with Amendment 1; 232, with Amendment 1; 331, with Amendment 1; 356, with Amendment 1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 1; 366, with Amendment 1; 429, with Amendment 1; 587, with Amendment 1; 691, with Amendment 1; 804, with Amendments 1 and 2; 805, with Amendments 1 and 2; 827, with Amendment 1; 950, with Amendment 1; 1019, with Amendment 1; 1024, with Amendments 1 and 2; 1084, with Amendment 1; and 1109, with Amendment 1. All passed the House, as amended, May 12th, 1997.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Will the Members of the Senate please come into the Assembly of the Senate? It's the intention of the Chair to go to House Bills 3rd Reading, on page 2. 3rd Reading, on page 2. So, please proceed to the Floor immediately. We're going to start with page 2 on House Bills 3rd Reading. It would be appreciated if you would proceed to the Floor immediately. House Bill 8. Senator Hawkinson. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 8. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR HAWKINSON

... you, Madam President. House Bill 8 is the genetic testing legislation that we've been working on for a couple of years, with bipartisan support. It is identical "identical" and I want to stress to Senate Bill 672, which passed this Body a month ago by a vote of 57 to nothing. Basically, while working to amend it with the employer groups and, in part, with the insurance industry, with the Attorney General, CMS, the State Police and many others, we have a bill that provides that all existing tools of diagnosis are protected and may continue to be used in the manner they're used now, but that when we use this new form of genetic testing to discover not an existing disease, but a 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 propensity that someone, some man or woman, may get cancer in the future or some other disease or is likely to get it, that that information will be confidential and may not be used to discriminate against that individual in setting insurance rates or in discriminating against them in the workplace. The employer duties are only consistent with those they already have under the federal ADA. Believe we have a good bill. It has already passed this Chamber 57 to nothing, and I would ask for your affirmative support to send this to the Governor's Desk.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, the question is -- we have to wait a moment because -- the board open on both sides? All right. The question is, shall House Bill 8 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. House Bill 18. Senator Maitland? Out of the record. House Bill 27. Senator Fawell? Out of the record. House Bill 28. Senator Klemm? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 28. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Demuzio, for what purpose do you rise?

SENATOR DEMUZIO

Why are -- why isn't the Democratic tote board working? It's just the Republicans. I mean, I don't know what we're doing here.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day Well, I think you do know....

SENATOR DEMUZIO

May 13, 1997 Is this another discriminatory act by the Republicans against the Democrats or what?

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Demuzio, your remarks are completely out of order, as you well know. Senator Klemm. Read the -- did you read the bill, Mr. Secretary? Senator Klemm.

SENATOR KLEMM

Thank -- thank you, Madam President. House Bill 28 is legislation that grew out of the Joint Task Force on Gulf War Diseases, which recommended the creation of a nine-member commission to study how Illinois could implement more programs to address the wide range of issues facing veterans, especially those who took part in -- in combat. In 1994, a Joint Task Force on Gulf War Diseases was one of the first of its kind in -- in the nation, actually, to study the problems on the Gulf War veterans. And we have experienced -- all the problems have been solved except for the last one we're trying to do, and that's the commission. And that will be -- consist of appointments from each of the four Legislative Leaders, four representatives from the veterans' organizations appointed by the Governor, and one appointee designated by the Department of Veterans' Affairs. I think we must continue our efforts, as you know, to aid the men and women who put their lives on the line, and this is the last segment. There's no opposition to the bill. I do ask for you to join me and pass House Bill 28.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 28 pass. Those in favor will vote Aye. Those opposed will vote Nay. And the voting is open. Have all voted who wished? Have all 4 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day voted who wished? Have all voted who wished? Mr. Secretary, take the record. On that question, there are 59 voting Aye, none voting No, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. House Bill 45. Senator O'Malley? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 45. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR O'MALLEY

Thank you, Madam President, Members of the Senate. House Bill 45 increases the homestead improvement exemption from thirty thousand to forty-five thousand dollars. This bill is identical to Senate Bill 515, which passed the Senate earlier this year. I was the sponsor of Senate Bill 515 as well. I'd appreciate your support and be happy to answer any questions there might be.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further -- any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 45 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, on that question, Mr. Secretary. On that question, there are 58 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. Senate Bill -- I mean, House Bill 53. Senator Dudycz. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 53. (Secretary reads title of bill) 5 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR DUDYCZ

May 13, 1997 Thank you, Madam President. House Bill 53 has been submitted at the request of Chicago School Board. It amends the School Code and the Juvenile Court Act, requiring the Chicago School Board to establish an Office of Chronic Truant Adjudication to administrative adjudication cases of chronic truancy and imposing appropriate sanctions. Current law requires regional superintendents to police truancy situations. In Chicago, the State Board of Education serves as the regional superintendent, so the Chicago School Board is seeking this bill to allow them to deal with the problem themselves. I know of no opposition. The bill passed on the Agreed Bill List in the committee, and I would seek your affirmative support.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 53 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Mr. Secretary. On that question, there are 57 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 108. Senator Bowles, for what purpose do you rise?

SENATOR BOWLES

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

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point, ma'am.

SENATOR BOWLES

6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Today is the fortieth birthday of the staffer, Chuck Eckert, and I want to congratulate him and wish him well.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Happy birthday, Mr. Eckert. House Bill 108. Senator Weaver? Out of the record. And I'm going to ask leave for House Bill 127, to come to it later. House Bill 154. Senator Parker? Senator Parker? House Bill 155. Senator Radogno. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 155. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR RADOGNO

Thank you, Madam President. This legislation would require that local -- would require that local law enforcement agencies or the local liquor commissioner be notified in writing of any sting operations designed to catch sales or delivery of alcohol to minors. This stems from an incident that occurred in Naperville whereby a local liquor license holder used a nineteen-year-old in order to conduct an internal sting operation. The police found out about this and charged the owner with selling to a minor. So the judge did accept the owner's defense that he was running a sting operation and this was a legitimate way to test his employees. So this legislation would allow these types of stings as long as there's prior notification. Be happy to answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 155 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted 7 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day who wished? On that question - take the record - there are 57 voting Aye, there are none voting Nay, there are none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 157. Senator Hendon? Senator Hendon? Out of the record. House Bill 172. Senator Dudycz. Out of the record. House Bill 182. Senator Hawkinson? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 182. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR HAWKINSON

Thank you, Madam President. Actually, the original bill has been deleted by the amendment, and the amendment is -- is an attempt to improve a process we started last year with trying to clean up the backlog being experienced by the Appellate Defender's Office. And the Appellate Defender's Office came to us and suggested this amendment, and what it does is it makes several technical changes. It makes the program permissive. It assures that private attorneys who are going to be hired to help with the backlog complete a contract that they have with the Appellate Defender before bidding on other contracts. It limits the number of appeals that will be let out for bid at any one time to five. It requires that the private attorney who's going to do this have some prior criminal appellate experience and requires writing samples before a contract can be let. It's a further attempt to streamline the process we set in motion last year to allow the Appellate Defender to contract out some of these cases, and this is at the suggestion of that Office. I'd be happy to answer any questions. Again, reiterate the original bill is no longer part 8 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 of -- of House Bill 182 and ask for your affirmative support.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 182 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? On that question, there are 56 voting Aye, none voting Nay, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. House Bill... Senator Demuzio, for what purpose do you rise, sir?

SENATOR DEMUZIO

Well, let me ask you another serious question. How long do we have to bear this inconvenience of our tote board not being available? I mean, what is being done?

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) It's been reported, sir, for correction, and the electrician's been working on it and we don't want him to be electrocuted while he's working on it. So he is working on that board. Yes, sir? What -- what further, Senator Demuzio?

SENATOR DEMUZIO

Well -- well, I always key off of Bob Molaro's light, and I don't know -- it's hard for me to determine now what he's doing. So how... On -- on a serious note, today is George Beckey's seventy-first birthday. We ought to say happy birthday to George also. He's sitting in the back of the Chamber.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) We certainly say happy birthday to George Beckey. Thank you. House Bill 183. Senator Syverson. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 183. (Secretary reads title of bill) 3rd Reading of the bill. 9 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day

PRESIDING OFFICER

(SENATOR GEO-KARIS) May 13, 1997 Senator Syverson.

SENATOR SYVERSON

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 183 would provide coverage for Parkinson's disease medication under the State's Senior Citizen Pharmaceutical Assistance Program. As you know, Parkinson's disease is both chronic and progressive and it affects areas of the brain, resulting in loss of motor functions. Over one million citizens in this country are affected by Parkinson's disease. Many of those cannot afford the pharmaceutical drugs necessary to control this disease, thus resulting in individuals moving quicker into nursing homes at a huge cost not only to the State, but to family members. We believe this is a good piece of legislation which will help many individuals stay in their homes and maintain a normal lifestyle. And be happy to answer any questions, otherwise ask for a favorable roll call.

PRESIDING OFFICER

(SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 183 pass. Those in favor, vote Yes. Those vote -- those against will vote Nay. And voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Mr. Secretary. On that question, there are 58 Ayes, none voting No, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. House Bill 202. Senator Maitland. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 202. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER

(SENATOR GEO-KARIS) 10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Senator Maitland.

SENATOR MAITLAND

Thank you very much, Madam President and Members of the Senate. House Bill 202, as amended, provides for more timely IDPH review of proposed construction plans for nursing homes, hospitals, ambulatory surgical treatment centers by increasing, on a sliding scale, fees for such that such facilities would pay for the review. The additional fees, which amounts to about six hundred thousand dollars, would be paid into a newly created fund called the Health Facility Plan Review Fund, which will allow IDPH to, on a more timely manner, review and approve different construction plans for all of our health care facilities across the State. There are some real horror stories about the length of time that hospitals and nursing homes have to wait for the approval of -- of their construction plans. This -- this bill, agreed to by all parties. There's been a lot of negotiations taking place. Everybody is -- is agreed, I believe. It has taken on a number of cosponsors, and would seek the support of the Body, Madam President, and would be happy to answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR WELCH

I just had a question of the sponsor.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will hear it.

SENATOR WELCH

Senator, I have an indication there's a fee attached to this. Could you explain what costs would be attached, if any?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR MAITLAND

Senator, thank you for the question. Any -- any project below 11 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 five thousand dollars would have -- would have no fee. Between five-thousand- and twenty-five-thousand-dollar value of the plan is three hundred dollars or six percent cf the project value. Between twenty-five thousand and a hundred thousand dollars, fifteen hundred dollars or 2.4 percent of the project value. Have I said enough?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR WELCH

I was wondering who pays the fee. Is that the...

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR MAITLAND

The facility plays the fee -- the facilities pay the fee. Whether it's the hospital or the nursing home or other surgical facility or whatever, they pay the fee to IDPH that goes into this Fund.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Rea.

SENATOR REA

Thank you, Madam President, Members of the Senate. I just want to commend Senator Maitland on this bill. I think it has become a -- an excellent bill. And I know that there has been a lot of the negotiations and compromises and amendments, but -- and he has certainly demonstrated a lot of patience in this, in bringing about a bill that I think now satisfies everybody. So I certainly rise in support of it.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 202 pass. Those in favor, vote Aye. Those vote -- against it will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? 12 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Have all voted who wished? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. The Senate will stand at ease for a few moments. (SENATE STANDS AT EASE) (SENATE RECONVENES)

PRESIDING OFFICER

(SENATOR GEO-KARIS) I'm happy to tell you, both boards are working, hopefully. House Bill 204. Senator Syverson? Out of the record. House Bill 218. Senator Fawell. Senator Fawell? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 218. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR FAWELL

Thank you very much. This is a bill that is basically a -- a clean-up bill. It is -- has been requested by IDOT, and I would be glad to answer any questions.

PRESIDING OFFICER

(SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 218 pass. Those in favor, vote Aye. Those opposed will vote Nay. The -- the voting is open. Have all voted who wished? Have all voted who wished? 13 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Have all voted who wished? Take the record, Mr. Secretary. On that question, there are 57 Ayes, none voting No, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senator Philip seeks leave to return to House Bill 229. Without objection, leave is granted. Senator Geo-Karis seeks leave to return to 231. With no objection, we will return later. House Bill 232. Senator Link. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 232. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR LINK

Thank you, Madam President. What this bill does is add to the required blood testing that will be submitted to the Illinois State Police, to add ten new categories all relating to child sex offenders for such various crimes as soliciting for juvenile prostitution, exploitation of children, indecent solicitation of children and sexual exploitation of children. This would require that within forty-five days of disposition, these markers shall be filed with the State Police. I ask for favorable request in this.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 232 pass. Those in favor, vote Aye. Those opposed will vote Nay. And the voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. And this bill, having received the required constitutional majority, is 14 47th Legislative Day hereby declared passed. STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT House Bill 235. Senator of the record. House Bill 248. Senator Syverson? Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 248. (Secretary reads title of bill) May 13, 1997 Maitland? Out Read the bill, 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SYVERSON

House Bill 248 provides that Thank you, Madam President. those township districts that continue to tax at the maximum levy under the tax caps would still be allowed to qualify for the Motor Fuel Tax Fund. I'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR JACOBS

Thank you, Madam President. Would the sponsor yield? (SENATOR GEO-KARIS)

PRESIDING OFFICER

He indicates he will.

SENATOR JACOBS

Senator, I don't have any qualms with what you're doing, but is this another method of getting around the tax caps? Every time we turn around, it seems like there's we impose the tax caps and then we turn around and say, "But we've got an exception here, and we want to want to make this exception clear."

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SYVERSON

No, this doesn't affect local. In fact, this requires that they continue to tax at the maximum levy that they can do that.

PRESIDING OFFICER

(SENATOR GEO-KARIS) 15 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Any further discussion? Hearing none, the question is, shall House Bill 248 pass. Those in favor, vote Aye. Those opposed will vote Nay. And the voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Mr. Secretary. On that question, there are 45 voting Aye, 6 voting Nay, 3 voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 251. Senator Burzynski? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 251. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski. And can we please have a little quiet, folks?

SENATOR BURZYNSKI

Thank you, Madam President, Ladies and Gentlemen of the Senate. This amends the Downstate Teacher Article to add a second elected annuitant to the Board of Trustees. Be more than happy to answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR PETKA

Thank you, Madam President. This is not to the bill, but apparently some of our computers are frozen on a prior bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Which bill was that? Unfortunately, the computers haven't all worked quite right. I'll vouch for that. Senator Burzynski? Senator Hawkinson.

SENATOR HAWKINSON

Thank you, Madam President. Same request, that we wait till 16 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 we get the computers with the analyses up to the current bill before we move.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Demuzio, for what purpose do you rise?

SENATOR DEMUZIO

You didn't wait for us to get our tote board finished. Why don't we pass out paper analyses and keep going?

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Demuzio, again, you are out of order. Let's resume our -- House Bill 251. Senator Burzynski. Senator Burzynski.

SENATOR BURZYNSKI

Thank you, Madam President. I'd just ask for a favorable roll call.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 251 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wished? Have all voted who wished? Take the record, Mr. Secretary. On that question, there are 58 voting Aye, none voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. Could we have it a little more quiet, please? House Bill 263. Senator Mahar? Out of the record. And I'd ask leave to take 271 out at this time, return later. House Bill 297. Senator O'Malley? Out of the record. House Bill 306. Senator Hawkinson? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 306. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) If we could have a little more quiet, please. Senator 17 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day Hawkinson.

SENATOR HAWKINSON

May 13, 1997 Thank you, Madam President. Committee Amendment No. 1 became the bill and was suggested by the Chicago Bar Association's probate practice committee and, among other things, incorporates the language of Senator Obama's House Bill 1619. The amendment allows nonresidents to serve as administrators of a decedent's estate or as the guardian of that estate and provides that the guardian of a minor or a ward's estate may nominate administrators. Again, it's a proposal of the CBA. Be happy to try and answer any questions, otherwise ask for a favorable vote.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 306 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. And I'm going to ask leave of the House -- the Senate to return to 307 after. House Bill 313. Senator O'Malley? Out of the record. House Bill 316. Senator Myers. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 316. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR MYERS

Thank you, Madam President. This bill creates the Soybean Ink Act and it requires contractors that are providing printing 18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 services to units of local government and school districts to use this soybean oil ink unless the relevant contracting entity determines that another type of ink is required to, quote, "assure high quality and reasonable pricing". And I would urge that you vote for this bill that would -- would help the farm industry.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 316 pass. Those in favor, vote Aye. Those vote -- against will vote Nay. And the voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. May we please have a little more quiet in the Senate? It is very hard for the Secretary of the Senate and his coworkers to hear you and continue in -- with peaceful results. House Bill 320. Senator Fawell. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

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

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR FAWELL

Thank you very much. This bill is a -- creates a special exemption for a new type of garbage truck. It has the -- the hauler in the -- in the front. And the State Police and IDOT have no problem with this bill. I'll be glad to answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 320 pass. Those in favor, 19 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. May we please have a little more order in the Senate? Thank you. I would appreciate it. House Bill 322. Senator Fawell. Take -- read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

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

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR FAWELL

Thank you very much. This amends the local government road improvement impact fee Section of the Highway Code. It changes the definition of "land use assumptions" to include various factors over a twenty- instead of a ten-year period of time. It was offered at the request of the City of Naperville. I'll be glad to answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 322 pass. Those in favor will vote Aye. Those opposed will vote Nay. And the voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 362. Senator Mahar. Out of the record. House Bill 363. Senator Fawell. Hold on just a minute, Mr. Secretary. May we have it a little more quiet, 20 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 please? If -- the staff that doesn't have any business on the Floor, please remove yourselves from the Floor. Thank you. House Bill 362. Read the bill, Mr. Secretary. I'm sorry. 363.

Harry (surname or first name uncertain)

House Bill 363. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell, on House Bill 363.

SENATOR FAWELL

Thank you very much. This increases the length limitation for vehicles transporting house trailers and manufactured houses by IDOT permit up to a hundred and fifteen feet. The IDOT believes that this actually will increase the safety of the roads and has no problem with the bill. Be glad to answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 363 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 55 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 367. Senator Myers? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 367. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Myers. Put her on, please. Senator Myers.

SENATOR MYERS

21 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Thank you, Madam President. Under this bill, each county fair should be reimbursed annually for that part of the amount expended by the fair during the year for liability and casualty insurance, as provided in this Section, and the rehabilitation of its grounds, including major construction projects, and minor maintenance and repair projects, only as the funds become available. And I would urge a positive vote on this bill, please.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 367 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. Out of the -- out of the record. House Bill 381. Senator Carroll? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 381. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR CARROLL

Thank you, Madam President, Ladies and Gentlemen of the Senate. As we all know, we have a senior citizens' tax exemption freeze available in the hundred and one downstate counties. This would allow the local county assessing person to extend that freeze for up to thirty days (sic) (three months) if there is evidence that, in fact, the senior citizen is mentally or physically handicapped and brings a medical certificate for that 22 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 purpose. It is permissive. I would answer any questions and ask for a favorable roll call.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 381 pass. Those in favor will vote Aye. Those opposed will vote Nay. The -- the voting is open. Have all voted who wished? Have all voted who wished? On that question, there are 57 voting Aye, none voting No, none -- none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 382. Senator Lauzen. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 382. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR LAUZEN

Thank you, Madam President. House Bill 382 is identical to Senate Bill 230 on the ban on partial-birth abortion. It passed out of the Senate about a month ago 44 to 7, received 74 votes in the House. You've heard the arguments on both sides. I doubt that there's a lot anyone can say on either side of the issue today that's going to change any votes. I'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 382 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 49 23 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day voting Aye, 3 voting Nay, 4 voting Present. May 13, 1997 This bill, having received the required constitutional majority, is hereby declared passed. House Bill 408. 408. Senator Mahar. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 408. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR MAHAR

Thank you, Madam President. The Hospital Licensing Act currently contains a structure for granting and denying medical staff privileges. There is, however, no definition of "privilege" in the -- in the Act. As the law is currently written, there are instances where a physician can be granted privileges but the hospital restricts his or her use of space or equipment. I know of no opposition to this bill, and I would ask for your affirmative vote.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SMITH

Madam President, you had a bill here, 408 {sic} (382)...

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) 408.

SENATOR SMITH

408?

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Yes, ma'am.

SENATOR SMITH

I'd like to be registered as Present on that, please.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) 24 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 Okay. Any further discussion? Hearing none, all those in favor will vote Aye... The question is, shall House Bill 408 pass. All those in favor shall vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? On that question, there are -- take the record. There are 58 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 437. Senator Viverito. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 437. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Read -- Mr. -- Senator Viverito.

SENATOR VIVERITO

Thank you, Madam President. This bill amends the Criminal Code, changing the maximum civil liability for deceptive practices from five hundred dollars to fifteen hundred dollars. I know of no opposition, and I'll answer any particular questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Smith, is that on this bill?

SENATOR SMITH

Madam President -- President, I merely -- I made the mistake on the number of the bill. It was 382 that I wanted to be voted registered Present, please. Please.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) The -- your -- your statement is noted.

SENATOR SMITH

Thank you.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) 25 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 The bill that we're on now is House Bill 437. Is there any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 47 (sic) pass? Those in favor will vote Aye. Those opposed will vote Nay, The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 57 voting Aye, none voting No, none -- and 1 voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 447. Senator Smith. House Bill 447. Senator Smith. Senator Smith? House Bill 447, Senator Smith. Read the bill -- oh! You're out? Out of the record. House Bill 468. Senator Butler. Out of the record. House Bill 472. Senator Thomas Walsh? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 472. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR T. WALSH

Thank you, Madam President. House Bill 472 increases the penalty from a Class 2 to a Class 1 felony for producing a stage play, movie or computer or other depiction of a minor or mentally retarded person engaging in prohibited sexual activity. It increases the penalty from a Class 4 to a Class 3 felony for possessing any of the above. In addition, the bill makes any person sentenced for the following to receive a non-probationable sentence. I'd be happy to answer any questions and would ask for an affirmative vote.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 472 pass. Those in favor, 26 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 vote Aye. Those against will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 489. Senator Sieben. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 489. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SIEBEN

Thank you, Madam President. This legislation creates the Recreational Trails of Illinois Act for all-terrain vehicles and off-highway motorcycles. Would require that ATVS be titled at the time of sale. Title fee would be thirty dollars with thirteen of that going into the Road Fund and seventeen dollars into the new fund for off-road trails. It would create a five-member board to recommend projects to the Department of Natural Resources. Ask for an Aye vote.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 489 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting's open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 55 voting Aye, 1 voting No, 1 voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. 496. House Bill 496. Senator Myers? Read the bill, Mr. Secretary. 27 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

Harry (surname or first name uncertain)

House Bill 496. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR MYERS

Thank you, Madam President. This bill creates the Family and Community Development Grant Program administered by the State Department of Commerce and Community Affairs, and this is to help community development organizations reduce the risk of long-term dependency on welfare and to train the professionals to help families become self-sufficient. And I would urge a positive vote on this bill, please.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 496 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. The voting is open. Have all those have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, 57 voting Aye, none voting No, 1 voting Present. And this bill, having received the constitutional majority, is hereby declared passed. Senator Hawkinson. Read the bill, Mr. Secretary. 513.

Harry (surname or first name uncertain)

House Bill 513. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR HAWKINSON

required House Bill Thank you, Madam President. This creates the Dies and Molds 28 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 Ownership (Transfer) Act of 1997. It provides -- this basically is trying to include fabrications of metal into the Plastic Dies Ownership Transfer Act, which is already the law. Provides that if a customer does not take possession of a die, mold, form, or pattern within three years, that the fabricator may have all rights transferred to him. In committee, at the suggestion of the Chairman and -- and several others, we amended this bill to provide that if a customer responds to the written notice required by the bill by registered mail, reasserting his or her contract rights, title and interest to the die or mold in response to the fabricator's notice, then the customer's rights will not be terminated for purposes of destruction of the customer's tools. With that amendment, I know of no opposition. It's supported by the Cast Metal Association, the Tooling and Manufacturers' Association, and the IMA is neutral. Be happy to try and answer questions, otherwise ask for an affirmative roll call.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 513 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting's open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. House Bill 524. Senator Peterson. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 524. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Peterson. 29 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

SENATOR PETERSON

Thank you, Madam President. House Bill 524 amends the Illinois Enterprise Zone Act, the Property Tax Code, the Illinois Municipal Code and the State Mandates Act. It's legislation proposed by the City of Peoria, and the first provision represents a compromise between the City of Peoria, DCCA, the Department of Revenue. It also codifies a recent court decision in Macomb that had placed in question property located in TIF district that had overlapping enterprise zone developments. It also allows a municipality to give loan funds received from redevelopment projects created under the Industrial Jobs Recovery Law to contiguous TIF district and grants municipalities the power to give or loan TIF funds from one development project to another. I ask for your support of 524.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 524 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? On that question take the record - there are 49 voting Aye, 8 voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 526. Senator Peterson? Out of the record. House Bill 552. Senator Thomas Walsh. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 552. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR T. WALSH

30 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Thank you, Madam President. House Bill 552 amends the Private Sewage Disposal Licensing Act. It creates a seventeen-member Advisory Commission on Private Sewage Disposal to be appointed by the Director of the Department of Public Health to serve staggered terms. I'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 552 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 48 voting Aye, 6 voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 557. Senator Viverito? Senator Viverito, 557. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 557. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR VIVERITO

Yeah. This particular bill allows the assistants to be able to write a lot of the particular "scripts" under the under the doctor's -- gives -- gives them limited prescription authority. And this will be a big help to the doctors.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 57 557 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, 31 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 there are 57 voting Aye, none voting -- Nay, none voting Present. And the bill, having received the required constitutional majority, is hereby declared passed. House Bill 596. Senator Radogno. Out of the question. House Bill 601. Senator Peterson. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 601. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR PETERSON

Thank you, Madam President. House Bill 601 would amend the current Illinois tax laws. Under the current tax laws, there's a difference in the tax treatment for short-term leases, defined as a one-year or less, and long-term leases, which would naturally be one or more years. Currently, the short-term leases, the -- tax obligation is based on monthly receipts. For long-term leases, it's based on the inception of the lease on selling price. Consumers are paying the same amount of tax to lease a vehicle as they would to purchase a vehicle, but then when they go to buy the vehicle, they will pay the tax again. So this is basically a consumer-friendly bill, and I would ask you to support House Bill 601.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR RAUSCHENBERGER

Thank you, Madam President, Ladies and Gentlemen of the Senate. A question to the sponsor.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he'll hear it.

SENATOR RAUSCHENBERGER

32 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Senator Peterson, have -- has the technical problem dealing with home rule municipalities and their collection of -- of what they consider to be their share of this tax been resolved? Or, if not, do you know how you plan to deal with this?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR PETERSON

We're in the process of developing a trailer bill to correct the problems. If not, I've told the Governor's Office. The Governor may amendatorily veto the bill if the trailer bill doesn't go through.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR RAUSCHENBERGER

Just one more question, if the sponsor will yield. Is it -- is it your understanding that both the Automobile Dealers' Association and the House sponsors are in agreement that you need to -- to do a technical cleanup in a trailer?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR PETERSON

Yes.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 601 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Madam Secretary. On that question, there are 55 voting Aye, none voting Nay, 3 voting Present. This question -- this bill, having received the required constitutional majority, is hereby declared passed. House Bill 602. Senator Maitland? Out of the question. House Bill 604. Senator Myers. 33 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 604. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER

(SENATOR GEO-KARIS) Senator Myers.

SENATOR MYERS

Thank you, Madam President. This bill creates the Community Food Garden Act, and it establishes the Illinois Community Nutrition Task Force and pilot program. It requires the Task Force to develop, implement and evaluate a two-year community food garden pilot program using underutilized State land or other appropriate property in at least two Illinois communities. We feel that this will stimulate self-help and teach people how to grow nutritious food for themselves, and I would urge a positive vote on this bill.

PRESIDING OFFICER

(SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 604 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wished? Have all voted who wished? Take the record, Madam Secretary. On that question, there are 56 voting Aye, 1 voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. May I please ask the Members of this Senate to please quiet down so we can hear the bills and the Secretaries can hear them. It's difficult. Otherwise, the Chair is going to clear the Floor of all these staff aides. We want it a little more quiet. Thank you so much. House Bill 605. Senator Lauzen. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

34 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day House Bill 605. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR LAUZEN

Thank you, Madam President. House Bill 605 is identical to Senate Bill 618, and it has to do with being sure that there's not double tax -- sales tax on consumables that are used at fast food restaurants. Be happy to answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 605 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Madam Secretary. On that question, there are 56 voting Aye, none voting No, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. House Bill 606. Senator Weaver. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 606. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR WEAVER

Thank you, Madam President. House Bill 606 is merely a vehicle bill that we put a technical amendment on to send it back to the House as a possible vehicle in the future. Appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) 35 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Any further discussion? Hearing none, the question is, shall House Bill 606 pass. Those in favor will vote Aye. Those opposed will vote Nay. The bill -- the voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Madam Secretary. On that question, there are 32 voting Aye, none voting -- 16 voting Nay, 8 voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. House Bill 611. Senator Mahar? Out of the record. House Bill 613. Senator Cullerton? Out of the record. House Bill 631. Senator Myers? Senator Myers. House Bill 631? Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 631. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR MYERS

Thank you, Madam President. This bill amends the Property Tax Code and accelerates, by two weeks, the process of certifying assessed values of overlapping taxing districts. It is the initiative of the County Clerks' Association, and I would urge a positive vote on this bill, please.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Collins. On this bill?

SENATOR COLLINS

Madam -- Madam President, I had my light on for two bills, and I just left it on. I wanted to speak two bills ago, but not on this one.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) I regret I didn't see it before. Any further discussion? Any 36 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 further discussion? Hearing none, the question is, shall House Bill 631 pass. Those in favor, vote Aye. Those opposed will vote Nay. And the voting's open. Have all voteć who wished? Have all voted who wished? Have all voted who wished? Take the record, Madam Secretary. On that question, there are 57 voting Aye, none voting Nay, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. House Bill 635. Senator Syverson? Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 635. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Syverson. Senator Syverson. ...of the record. House Bill 661. Senator Syverson? Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 661. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SYVERSON

Thank you, Madam President. House Bill 661 would allow municipalities to remove graffiti from private property, but not at the cost of the owner. This is different from the bill we had last year, which would charge the cost to the owner. This is strictly if the municipality wants to cover the cost to do that. I know of no objection. Would ask for a favorable roll call.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Welch. 37 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

SENATOR WELCH

...of the sponsor.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he'll yield.

SENATOR WELCH

Does this bill say that the city cannot put a lien on the property or cannot recover the costs of removing the graffiti from private property? Is that -- is that...

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SYVERSON

It says that they may not recover the costs for removing the graffiti from the owner.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR WELCH

Well, if I own a piece of property and somebody scrawls graffiti on it, what's the incentive for me to remove it if I know the city may be mad enough -- if I -- I can call my alderman and say, you know, "Why don't you remove this", and they can't recover from me? I don't -- I don't understand what -- how this is going to expedite cleaning up graffiti in -- in the cities.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SYVERSON

Why should the owner be responsible for removing graffiti from property that he didn't put on, that's affecting, in many cases, the downtown of a -- of a community? It's just a way to get that problem cleaned up without putting a big financial burden on the owner of the property.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion, Senator Welch? 38 47th Legislative Day

SENATOR WELCH

STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 I'll give you the answer. Somebody put graffiti on my Senate office building that I rent. Now, if the owner didn't remove it, I'd be pretty mad about it. So who would have to remove it? I'd have to remove it as a tenant? That doesn't make sense. It seems to me there should be the -- the city should have the option of recovering or not recovering. Then they -- you know, leave it up to the city council. If they want to waste money and -- and clean up private property, fine. If they want to go after an owner who -- who has the money, and this -- my landlord does have the money to clean it up. He did it within three days, because our city has an ordinance, says it has to be -- graffiti has to be cleaned up within three days at the owner's expense. Apparently this would disallow that ordinance. So I would urge you to put an amendment on giving the authority to the city council. That would seem to me to make more sense.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR JACOBS

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

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Indicates that he will yield.

SENATOR JACOBS

Senator, what is the -- in the bill, is there a definition of graffiti? And the reason I ask that is, there are those -- whenever Rodman had his picture up in Chicago, some considered that graffiti, and I guess I'm just curious as to whether there's any language in here that -- that describes what graffiti is, because that's so subjective of a term, in some cases. Is there a definition in the bill?

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) 39 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day Senator Syverson.

SENATOR SYVERSON

May 13, 1997 No, sir, there's not. I mean, that -- pretty much left up to the discretion of the -- of the municipality.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Anything further, Senator Jacobson {sic}?

SENATOR JACOBS

Yeah. That -- that, to me, poses a little problem because, again, you have such a subjective reasoning here that -- that says, in effect, that this is graffiti, and I -- you know, I think we all have in our own minds some idea of what graffiti is, but in -- when we leave it strictly to the municipality, they could use anything as a terminology of graffiti. If somebody painted just a black mark on their house, somebody could come by and say, "That's graffiti and let's repaint this baby." So, I just have a problem with that in, and I don't know whether its important enough to debate on the Floor, but I think it's one that I did want to raise that issue.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR KLEMM

Well, thank you, Madam President. I think it's a good bill. We talked about it in committee. You know, we have so many areas in our State where the cities want to clean up some of the buildings that are all with graffiti. We have absentee owners. We have all kinds of people that aren't taking care of it. In trying to improve and clean up the entrance of cities and that, of signs of everything else, at least this allows the cities to clean up if they can't find any other alternative. And it would seem to me, this really helps the municipalities do a good job. So to say, "No, let's leave the graffiti there, let's make our communities look terrible", for the sake of not allowing them to 40 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 have this permissive language, seems foolhardy, in my case, when I drive through some of the areas. I think it's a good bill. I think we should support it.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Is there further discussion? Senator -- or, Mayor Shaw.

SENATOR SHAW

Yes. Thank you, Madam President. Will the sponsor yield?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SHAW

Could you tell me, or tell the Body, how does this affect this bill affect current ordinances, as it relate to cleanup in these municipalities?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SYVERSON

This doesn't affect any -- any current law. In fact, Cook County currently does this, and so this would not have any effect.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SHAW

So, in my own town, if I have an ordinance where that I can recoup the -- the costs of cleaning this private property up, can I still do it under this -- under this bill?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SYVERSON

We're giving non-home rule the ability -- or, authorizing them to do this.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SHAW

41 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day I didn't hear

PRESIDING OFFICER

May 13, 1997 I didn't hear that. (SENATOR GEO-KARIS) He's saying that he's giving non-home rule.

SENATOR SHAW

It's -- it's beyond home rule.

PRESIDING OFFICER

Would you... (SENATOR GEO-KARIS) Senator Syverson, would you answer that, please?

SENATOR SYVERSON

Home rule can currently do this. This is giving the authorization to non-home rule communities.

PRESIDING OFFICER

(SENATOR GEO-KARIS) Senator Shaw.

SENATOR SHAW

To non-home rule communities. So, if you're not a home rule community, this bill -- you could not recoup the costs. If you're a home rule community, you can recoup the costs. Thank you.

PRESIDING OFFICER

(SENATOR GEO-KARIS) Further discussion? Senator Molaro.

SENATOR MOLARO

Thank you, Madam President. And maybe there's a confusion, and Senator Klemm brought it up, which I -- which I think makes sense. It certainly makes sense for us to allow them to go in and clean up graffiti. But I don't understand all this talk about the fact that -- that we can't, then, go after the property owner to recover the costs. Why is that? I think we could do it on garbage and everything else, so that's where I'm confused. We certainly want to allow this, as Senator Klemm pointed out. We -- we have to go in there. We can't leave this. That's probably the worst thing you could do, is walk into a city and see all this graffiti all over the place. And the property owner doesn't do it, certainly makes sense for non-home rule to be able to go in there and do it. But I keep hearing -- and our analysis may have it 42 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 where you then -- whoever does remove it, whatever unit of government, we then cannot go to the property owner and hand them a bill? And if we can't, why can't we?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SYVERSON

Well, if you remember, last year we had the legislation that would allow putting a lien on the property to do that. That legislation was vetoed by the -- the Governor because of the concern of placing a lien on an individual's home that may not have the financial ability to pay to clean up that graffiti that they obviously didn't put on that home. And so what we're trying to do is pass compromise language that at least allows the municipality to begin to clean up some of those areas, even though it doesn't go as far as what you, and I think what I, would support and like.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR MOLARO

Well, I certainly understand what the Governor was saying and maybe there is some, you know, wisdom to that. But I guess what I'm saying is, forget filing a lien. Does -- does it preclude us from handing them a bill or filing a lawsuit against them for -- to go after it? I understand that you don't want to just be able to slap a lien on it, but are we precluded from handing the fellow the owner a bill?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SYVERSON

This would not allow them that ability to do that, as you stated, which is a -- a concern. I don't know how we could address that without putting some authority in there. I would 43 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 47th Legislative Day certainly be open to some suggestions of how we could -- how we could do that, but this legislation does not allow that.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR COLLINS

Yes. Thank you. I didn't intend to rise and speak on this bill; however, I -- I have to agree with the sponsor. And it amazes me that the -- some of the examples that's been given on this Floor. First of all, the owner is not responsible. A crime has been committed against the property of that individual. That individual may or may not be able financially able to clean up that graffiti, nor have that charge assessed against his or her business. So, to me, it doesn't make any sense for anyone not to understand. If a municipality wanted to do it and could afford to do it with tax dollars, that's who should do it, because that owner of that business should be protected from the people who deface or -- their property. That person has committed a crime against a citizen. That citizen have no more right to pay for that crime than they do as any other victim. We have victims' assistance for other crimes committed, so why not this? So let's just move on and move the question. Vote for the bill. Do the right thing.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 661 pass. Those in favor, vote Aye. Those opposed will vote Nay. The question is open. Those in -- all those in favor Have all voted. who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, 51 voting Aye, 4 voting Nay, 1 voting Present. The question, having -- this bill, having received the required constitutional majority, is hereby declared passed. 44 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 House Bill 678. Senator Petka? Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 678. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR PETKA

Thank you, Madam President, Members of the Senate. This bill would require that any lawsuit that is -- where a beer distributor is a party must be -- pursuant to the Act, must be filed in a State or federal court of competent jurisdiction located in the State of Illinois. The intent of this bill is to ensure that we would now -- not have forum shopping by those who are a party to the Act. I move for its adoption. I'll answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SEVERNS

Thank you, Madam President. I just rise on a point of personal privilege.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point, ma'am.

SENATOR SEVERNS

I had my light on prior to the debate starting. I wanted to be -- I would like to be recorded as voting Yes on House Bill 661. Thank you.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Your request is so noted. Thank you. Any further discussion? Hearing none, the question is, shall Any further discussion? House Bill 678 pass. Those in favor, vote Aye. Those opposed will vote Nay. The question is -- the voting is open. Have all voted who wished? Have all voted who wished? Have all voted who 45 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 wished? Take the record, Madam Secretary. On that question, there are 56 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 680. Senator Maitland. Out of the question. House Bill 695. Senator Radogno. Read the bill, Madam Secretary. Can we have it a little more quiet, please? 695. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 695. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR RADOGNO

Thank you, Madam President. This bill creates the Law Enforcement (Intern) Training Act. It provides an additional avenue for training and certification of police officers. Currently a law enforcement agency must hire a candidate and send that individual to the training academy for ten weeks. The jurisdiction is reimbursed for the actual training by the Illinois Law Enforcement Training and Standards Board; however, the local jurisdiction has to pay the salary of the trainee during the training period. This has created a problem, particularly for smaller municipalities that often find that once they've paid for the training period, their trained officer is hired away by a jurisdiction that can pay more. The Law Enforcement Intern Training Program would allow individuals who wish to become police officers to get training at their own expense, thereby creating a pool of trained officers ready to be hired. The training program would be administered by the Law Enforcement Training and Standards Board. This is an initiative of several law enforcement agencies. I'd be happy to try to answer any questions. 46 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 695 pass. Those in favor will vote Aye. Those opposed will vote Nay. And the voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Madam Secretary. On that question, there are 56 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 707. Senator Radogno? Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 707. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR RADOGNO

Thank you, Madam President. This bill amends the Public Utilities Act by adding libraries and regional library systems to the list of qualified educational institutions to which telecommunication carriers may offer special interactive video learning tariffs, they -- in other words, to offer them lower rates. This is permissive only. Would ask for your favorable vote. It is supported by the Secretary of State.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR RAUSCHENBERGER

Thank you. Would the sponsor yield for a question?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR RAUSCHENBERGER

Yeah. These special tariffs, I presume, would apply to 47 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 noncompetitive services that are offered by a monopoly local exchange carrier. Inasmuch as that's true, the costs that you would reduce for the libraries or the library systems would be borne by regular telephone users who are also customers of that utility, wouldn't it?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR RADOGNO

I suppose that would be true.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR RAUSCHENBERGER

So this is, in effect, much like the previous bill we passed which permitted school districts to have reduced tariff access for noncompetitive services. Means that we're kind of going, again, down this step -- path toward moving library costs and school costs onto residential telephone users and business telephone users. I just would point out to the Body that we're kind of on another slippery slope. Special tariffs apply to noncompetitive services that are paid by a captive telephone customer that doesn't have any choice. And I just think we need to be awful careful about proceeding down these paths.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 707 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the -- take the record. On that question, there are 53 voting Aye, 1 voting Nay, 2 voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 709. Senator Weaver. Out of the record. House Bill 710. Senator Larry Walsh? Read the bill, Madam 48 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day Secretary.

ACTING SECRETARY HAWKER

House Bill 710. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER

Senator Walsh.

SENATOR L. WALSH

(SENATOR GEO-KARIS) May 13, 1997 Thank you, Madam President, Members of the Senate. This bill is -- amends our Sex Offender Registration Act. Any person who is required to register with the proper authorities as a sex offender who knowingly gives or willingly gives material information that is false commits a Class 4 felony and must serve a minimum period of seven days' confinement in the local county jail. I ask for your support. Answer any questions.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Molaro.

SENATOR MOLARO

Thank you, Madam President. What -- what is the law currently if one of these sex offenders goes and he reports and gives false information? What -- what would be the charge then?

PRESIDING OFFICER

(SENATOR GEO-KARIS) Senator Larry Walsh.

SENATOR L. WALSH

It's my understanding, Senator, there is no penalty for giving false information.

PRESIDING OFFICER

Senator Molaro.

SENATOR MOLARO

(SENATOR GEO-KARIS) One last question, then. A Class 4 felony, obviously, is probationable or -- or I would assume it's probationable and there also can be community service. What would be the reason for the 49 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day mandatory jail time?

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR L. WALSH

May 13, 1997 Well, what we're trying to do here is to make the punishment worthwhile so that if this individual is committing this -- giving this false information, that if he does it once, or she does it once, that they'll remember it the next time, hopefully, and will not give, willingly, false testimony.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR COLLINS

Yes. Thank you. Question of the sponsor.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he'll yield.

SENATOR COLLINS

Currently, when -- when a sex offender is released from prison or from a mental institution or wherever, are they responsible for the registration, or the institution's responsible for the registration? Who's responsible for registering that person with their local State's attorney's office.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR L. WALSH

It's my understanding that the institution gives them notification -- the individual -- of what they are supposed to do, but it is the responsibility of the offender themselves to make the registration.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR COLLINS

50 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 Well, actually we probably should have looked at it and considered the institution that's releasing the person to the community should, in fact, be responsible for releasing that information to the local -- the appropriate law enforcement officials so that they, then, can enter that person into a register, not leaving it up to the individual to go home and say, you know, "Well, now, I just got released from prison because I'm a rapist." Now, some will and some won't, but they know that their chances for ever getting a job and being accepted back in the community is zero, so you can expect a lot of them not to be doing this. I've never really seriously looked at it before. I've supported the legislation, but maybe we need to really take a serious look and have that responsibility given to the institution and then transmit it to the local appropriate law enforcement officials in that community where that person is -- is registered. END OF TAPE TAPE 2

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SHAW

I just rise in support of this legislation, and it's a good piece of legislation. And, certainly, the offenders have the responsibility once that offender has been notified by the institution, to go and register with the proper agency. It's a good bill, and certainly we need a better tracking system than we have today. And I think this bill will go a long way towards dealing with that situation. I ask for an Aye vote. 51 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR L. WALSH

Final comments is, what we're trying to do here is to come in compliance with the federal guidelines and -- and just trying to tighten this down so that when these individuals are let out of whatever institution they are in, that the community will feel a lot safer when these people do move in there.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Hearing no further discussion, the question is, shall House Bill 710 pass. Those in favor will vote Aye. Those opposed will vote Nay. And those -- the voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Madam Secretary. On that question, there are 56 voting Aye, none voting No, 1 voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. With leave of the House, I'd like to come back to 723 later. House Bill 725. Senator Thomas Walsh. Out of the record. House Bill 729. Senator Butler. Out of the record. Senate {sic} Bill 741. Senator Watson. Senator Watson? Read the bill, Madam Secretary. 741.

ACTING SECRETARY HAWKER

House Bill 741. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR WATSON

Yes. Thank you, Madam President. This bill provides that regional superintendents who are elected to office beginning in -- the year 2002 shall assume that office on the following July 1st, 52 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 rather than on the following December 1st, as all other county officials do. They take -- take office December 1st. Senator Maitland sponsored legislation to change it -- during the 1995 Session, to change it to -- to take it to the December 1st provision. The regional superintendents would rather have the ability to take office synonymous with the school year, and that's what this is doing. This is allowing that regional superintendent to take office July 1st, rather than December 1st.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 741 -- oh, sorry. Senator Maitland.

SENATOR MAITLAND

Thank you very much, Madam President, Members of the Senate. I know this bill's going to fly out of here. There was a -- there was a good-faith effort put forth a couple of years ago to put this -- put these terms and budgets on a -- or, terms on a -- on the same -- the same fiscal year as the counties, because the regional superintendents are -- are county officials. It's much easier for the county board chairman, for the county board, to deal with this issue. I think that some of the regional superintendents' arguments against this were, quite frankly, self-serving with respect to future possible candidates and getting them in line to run for office and not to have any downtime. And I understand that, but either you're a county officer or you're not. And it was the view of this Body two years ago that they were, and we passed legislation to -- to put it on the -- the fiscal year of -- of the county boards. I know this bill passed out of committee unanimously. The regional superintendents did a good job, but I thought that point had to be made.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) 53 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Any further discussion? Senator Watson, to close.

SENATOR WATSON

Well, thank you. And I had alerted Senator Maitland that this bill was coming, and I knew his concern he might have for it. The regional superintendents are -- all they're asking is that their term of office coordinate with the school year. They are school people and that's what their interest is, and that's what this bill does. And I would ask for your vote.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall House Bill 741 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting's open. Have all voted who wished? Have all voted who wished? Had all -- have all voted who wished? Take the record, Madam Secretary. On that question, there are 53 voting Aye, 5 voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 748. Senator Fawell. Out of the record. House Bill 752. Senator Cronin. Out of the record. House Bill 754. Senator Cronin. Out of the record. House Bill 759. Senator DeLeo. Senator DeLeo? Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 759. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR DELEO

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 759 increases the penalty for a person who falsely represents himself or herself to be an attorney or a governmental official. It -- currently the law is -- I believe it's a Class B. This moves it to a Class 4 felony. I ask for a 54 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 favorable roll call.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 759 pass. All those in favor, vote Aye. Those against will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Madam Secretary. On that question, there are 55 voting Aye, none voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 760. Senator DeLeo. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 760. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR DELEO

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 760 amends the Criminal Code. Currently, on the procedure, it's the rules -- the -- on orders of protection, we -- it goes under the rules of civil procedure. This changed it to go under the rules of the criminal procedure. I ask for a favorable roll call.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 762 -- 760, rather, pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional voting wished? the voting 55 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 majority, is hereby declared passed. House Bill 762. Senator Molaro. Senator Molaro. Out of the record. House Bill 800. Senator Philip. Out of the record. House Bill 820. Senator O'Malley. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 800. Pardon me. House Bill 820. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR O'MALLEY

Thank you, Madam President, Members of the Senate. House Bill 820 amends the Illinois Fire Protection (Training) Act by requiring the Office of the State Fire Marshal to reimburse local governmental agencies or individuals participating in training programs by no later than May 30th - currently September 30th is the date - of each year for a period established by the Office. House Bill 820 provides that the Office may make rules establishing administration and certification fees. House Bill 820 also includes several instances of clean-up language. I'd be happy to respond to any questions you may have, and would request your support.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 820 pass. All those in favor, vote Aye. All opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Madam Secretary. On that question, there are 57 voting Aye, none voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 821. Senator Watson. Read the bill, Madam Secretary. 56 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT

ACTING SECRETARY HAWKER

House Bill 821. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR WATSON

Yes. May 13, 1997 This bill comes to us from In March of 1994, we passed a directing the Auditor General Thank you, Madam President. the Legislative Audit Commission. resolution to the Audit Commission to conduct a special study of State agencies for the purpose of evaluating legislative Statutes that would be considered obsolete, unenforceable or unnecessarily burdensome, duplicative, or really having no administrative benefit. The study was done and presented to the Audit Commission, and the Audit Commission then had several hearings, bringing in all the various agency directors to explain why they felt that their particular proposal was unnecessary or burdensome. Believe me, when we started on this, this was considerably a very thick piece of legislation. Since our staffs have massaged and gone through the politically sensitive issues, we now come before you with this particular proposal. Instead of going through and reading each one of these provisions that's being repealed, I would just ask for your support and your trust in the Audit Commission, and I'll ask for the favorable vote of the Body.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR SEVERNS

Thank you, Madam President, Members of the Senate. I, too, rise to support this bill with Senator Watson. I think the Legislative Audit Commission has done a good job in at least trying to identify obsolete language that ought to be eliminated. 57 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 So I would urge a favorable vote, as well. Thank you.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 821 pass. Those in favor, vote Aye, who are -- who are for it. And those against it will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Madam Secretary. On that question, there are 56 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 844. Senator Fawell. Out of the record. House Bill 847. Senator Fawell. Out of the record. House Bill 864. Senator Garcia. Senator Garcia. Out of the record. House Bill 883. Senator Radogno. Out of the record. House Bill 891. The Chair requests the right to come back to the bill. Hearing no objection, so ordered. House Bill 903. Senator Dudycz. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 903. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR GEO-KARIS)

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

SENATOR DUDYCZ

Thank you, Madam President. House Bill 903 is an agreement worked out between the Associated Beer Distributors of -- of Illinois and -- and Miller Brewing Company. The bill is a proposal from Miller Brewing to amend the Liquor Control Act to allow distributors to buy certain signs or advertising materials from manufacturers or their designated suppliers. Under current law, a manufacturer may not sell signs to a distributor, and if signs are furnished to the distributor, the manufacturer must 58 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 incur the cost of the signs. House Bill 903 does not require the distributors to purchase signs from the manufacturers, does not allow for the discrimination by the manufacturers regarding the dissemination of signs to distributors, and it will allow the manufacturers and the distributors more accessibility with merchandise selection, greater flexibility to the wholesaler for types and quantities of advertising materials and increased productivity between manufacturers and distributors. And at the request of the wine industry, I will read for the record that House Bill 903 is designed with the sole intention and purpose to provide a beer supplier and the beer suppliers' State wholesalers the opportunity to engage in -- in efficient and cost-effective marketing arrangement. Furthermore, because of the difference in marketing programs between the wine and spirit manufacturers and the wine and spirit manufacturers' State wholesalers, I would like to reiterate that House Bill 903 is designed with the sole intention and purpose to provide a beer -- beer supplier and the beer suppliers' State wholesalers the opportunity to engage in efficient and cost-effective marketing arrangement. Again, House Bill 903 is an arrangement worked out between the Associated Beer Distributors and Miller Brewing Company. Know of no opposition, and I would seek your support.

PRESIDING OFFICER (SENATOR GEO-KARIS)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall House Bill 903 pass. Those in favor, vote Aye. Those against will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Had all voted who wished? Take the record, Madam Secretary. On that question, there are 58 voting Aye, none voting Nay, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 59 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 Senator Radogno, on House Bill 908. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 908. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Radogno.

SENATOR RADOGNO

Thank you, Madam President. This bill is an initiative of the Comptroller. It would require that all agencies place debts -- requires that all agencies place debts that are over a thousand dollars and over ninety days delinquent into the Comptroller's Offset System. This is a change from the current law, which triggers at one year. The Offset System works by simply matching the Social Security numbers of debtors with checks that are to be issued, such as Lottery checks, income tax refunds, payments to contractors, et cetera, and reduces those payments by the amount of the debt. The Comptroller estimates that if we had had this system in place in 1995...

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Can we keep our conversations down? Senator Radogno.

SENATOR RADOGNO

Thank you. The Comptroller estimates that if this system had been in place in 1995, it would have resulted in an extra two million dollars in collections for the State. And while two million dollars is not a lot when we talk in terms of billions, it is money that would go directly to the State's bottom line. So I would suggest a favorable vote on this, and would be happy to answer any questions if I can.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing 60 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 none, the question is, shall House Bill 908 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 908, having received the required constitutional majority, is declared passed. Senator Fitzgerald. Out of the record. Senator Cullerton, on House Bill 927. Out of the record. Senator Karpiel, on House Bill 951. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 951. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

Thank you, Madam President. House Bill 951 amends the Adoption Act. And a parent -- right now, a parent must be found unfit before his or her parental rights are involuntarily terminated. House Bill 951 would add to the list of circumstances under the Adoption Act which make a parent unfit: One, it gives a person -- a woman must give birth to a child which has any amount of a controlled substance in its blood, urine or meconium; and two, is the biological mother of at least one other child who has been adjudicated as neglected for having been born with controlled substance indications; and three, has been given an opportunity to enroll in and participate in a clinically appropriate substance abuse program. Under these circumstances, a mother would be found unfit and her parental rights terminated. And I ask for your Aye vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Senator Collins. 61 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

SENATOR COLLINS

Senator, we -- we had a similar bill to this last year, or year before last, and I think we've noticed across the country that there have been a debate about making this whole issue punitive and what impact it would have on women coming forth at a early stage to -- you know, to acknowledge that they were pregnant and -- and addicted, and to -- to not only alcohol, but -- but to cocaine or any other drug. I -- I want to know, Illinois had been making some progress in terms of we squeeze a little money, just a little money, out to increase the number of people available to the local community organizations to go out and help to identify these young women not in a hostile kind, or punitive kind, of way, but in a kind of a helping hand that and a knowledgeable way, that if you come in early, we can help you and prevent your baby -- possibly prevent this baby from being impacted by your addiction. Does this bill increase the number of people -- the opportunity for people to go out there and inform these mothers that this what can -- this is going to -- may happen to your child and to help to identify them and get them into treatments? Because passing all of these laws, Senator, is not going to solve the problems. We have too many children right now sitting and waiting for foster homes and adoptions that we can't find qualified homes or resources for. What I would think our emphasis would best be served -- the interest would better be served, if even with this -- this bill you have, that we increase the number of people out there to go out and identify these women and increase treatment programs, and especially those programs that allow the -- the pregnant mother to be taken out of the community and live in -- in a -- in a -- a setting where she provides -- can be provided the kind of social services and support services that she need, and medical services, to -- to be, you know -- to -- to kick the addiction before the -- the child is impacted. That's 62 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 what we need to be focusing on. Not being more punitive.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR SHAW

Thank you -- thank you, Madam President. I -- will the sponsor yield?

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR SHAW

On -- I notice that you mentioned the -- the mother here and the unfitness. What happens once this mother has been declared unfit, under this bill?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

If she's been declared unfit, then her parental rights can be terminated.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.

SENATOR SHAW

All right. I notice the absence of the father is here. What -- when her parental rights is terminated, what happens to the child at that point?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

Well, Senator Shaw, if -- if the mother's parental rights are terminated and there is a -- a father who is a fit father for -- would get custody. Otherwise, the -- the parental rights would be terminated of the mother.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. 63 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

SENATOR SHAW

The -- I notice that don't seem to be in the bill here. But my question is, is -- does we just give the court the wide latitude of just taking the child from the mother with total disregard for the -- for the father in this -- in this bill? Is there a provision in this bill where that the father could step up and take custody of the -- of his -- of his child?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

Senator, this bill doesn't address that. If there is a father, an acknowledged father who is fit, the courts will give the father custody, obviously.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.

SENATOR SHAW

The -- the bill -- this bill, to me, it just looks like it -- and having worked in adoptions for many years, this bill look like it just -- the court -- you want to allow the court to grab somebody's child, and -- with a total disregard of the -- of the father here. And it don't speak of that -- it don't speak to the father's interest at all. And certainly I think it could have been drafted a little bit different. And I understand what you're trying to do here, but maybe at some time in the future you can address that -- that particular problem. Because the way this bill read, it just look like the court can just grab jurisdiction or -- or declare the mother unfit, and the child is gone. So I would hope that you would address that some time in the future, maybe in another bill. But I think it leaves something to be desired here in this bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Parker. 64 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

SENATOR PARKER

Thank you, Madam President. I just wanted to rise in support of this legislation. This follows along what we have been trying to work with, which is trying to put children that are in foster homes and take those children and give them the opportunity for permanency in an adoption situation. All this bill does is work with what is defined as "unfit". It leaves up to the -- the judge and the circumstances to decide exactly what that is. Here, in the State of Illinois, we average between four and five years of an average before a child gets into a permanent situation, and that's a long time in the life of a little child. And all of the other surrounding states put the child in a permanent situation in one to two years. This helps that situation and just expands on what "unfit" is and allows the courts to consider those opportunities for the children.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR JACOBS

Thank you, Madam President, Ladies and Gentlemen of the Senate. Would the sponsor yield? Senator, as I understand this bill, this does not affect first-time mothers. Is that correct? The -- the mother must have had another child that -- that they had went through the similar situation with?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

Yes. And with drugs in the system.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

SENATOR JACOBS

Thank you. And I think that's what makes this a good bill. In -- and in response to some of the questions asked on this side 65 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 of the aisle, I think if it were first-time mothers, some of the arguments would perhaps be -- be correct, but I think, you know, first mistake, shame on me, and second mistake, shame on you. And that's -- makes for a good bill, I think, in this case. And I ask for an Aye vote.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR FAWELL

Thank you very much. I, too, rise in support of this bill. I -- I was on the Infant Mortality Task Force, and time and time again we saw cases where children were not only abused but were actually killed, not maliciously, but because the mother was under the influence of either drugs or -- or alcohol. This at least gives these children a chance. I think all the comments that have been made in favor of it are right on point. And I, too, would solicit an Aye vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Smith. Turn your light off, ma'am. Senator Collins, for a second time.

SENATOR COLLINS

Senator, listening to the -- some of the other questions, I want to clarify. This bill does not automatically put -- take the child from the mother. Right?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

That's right. It -- it just puts another definition of "unfit" -- unfit parent into the Adoption Act. Still, the court -- the court has to still decide before the rights are terminated.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins. Further discussion? Further discussion? Seeing none, Senator Karpiel, to close. 66 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

SENATOR KARPIEL

Well, yes, Madam President. First of all, I want to reemphasize that these three -- three conditions must be present. The mother must give birth to a child which has the controlled substance in his blood, is the biological mother of at least one other child who has been adjudicated as neglected or having been born with controlled substance indications, and has denied and -- an opportunity to enroll in and participate in a -- a substance abuse program. Those three conditions must be present before she can be ruled an unfit parent under the Adoption Act, and then the court still has to decide. Let me just say that I know of cases where a mother has had three -- I mean, six children in the system, in DCFS, all in foster -- foster homes, that are being denied the possibility of being adopted by their foster parents because every time the -- the court decision on that comes up, she pops up again, says no, and then she goes and she has another baby that has also -- has substance -- controlled substance in the blood. I think that's a bad way for these children to have to live. They could be adopted. They could have nice permanent homes, instead of being constantly bounced around and not knowing what their future is going to be, and I think this is an important tool in the DCFS and our courts system.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 951 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 951, having received the required constitutional majority, is declared passed. Senator DeLeo, on House Bill 955. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 955. 67 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER

(SENATOR DONAHUE) May 13, 1997 Senator Demuzio, for what purpose do you seek recognition?

SENATOR DEMUZIO

Thank you. A lot of times they get us mixed up, Jimmy. Thank you, Madam President. I'd like to introduce, in the gallery, the seventh and eighth grade from Carrollton, Illinois, from St. John's School. If they would rise and be recognized by the Senate, please.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Will you please rise and be recognized by the Senate? Welcome. Senator DeLeo, on House Bill 955.

SENATOR DELEO

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 955 amends the Funeral Directors and Embalmers Licensing Code. This is an exemption. It exempts licensees that have forty years of experience from continuing education requirements. Current law requires twenty-four hours, and this would exempt anybody with forty years of service or more. I ask for a favorable roll call on 955.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there a discussion? Senator Hendon.

SENATOR HENDON

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

PRESIDING OFFICER

(SENATOR DONAHUE) Indicates he'll yield, Senator Hendon.

SENATOR HENDON

Senator DeLeo, did one of your constituents bring you this important piece of legislation, dead or alive?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 68 47th Legislative Day Senator DeLeo.

SENATOR DELEO

No. STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none, the question is, shall House Bill 955 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 955, having received the required constitutional majority, is declared passed. Senator O'Malley, on House Bill 974. Out of the record. Senator Dudycz, on House Bill 977. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 977. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.

SENATOR DUDYCZ

Thank you, Madam President. House Bill 977 is an initiative of the City of Chicago addressing a problem -- amending the Juvenile Court Act, permitting juvenile records to be used by law enforcement agencies in deciding whether an an individual or for a law enforcement or a corrections job. I'll be happy to answer any questions.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? The Is there any discussion? seeing none, the question is, shall House Bill 977 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no 69 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Nays, none voting Present. House Bill 977, having received the required constitutional majority, is declared passed. Senator Parker, on House Bill 982. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 982. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER

(SENATOR DONAHUE) Senator Parker.

SENATOR PARKER

Thank you, Madam President, Ladies and Gentlemen of the Senate. The success of the Property Tax Freeze Program for historic single-family houses has been extraordinary in offering an incentive to owner-occupants who substantially rehabilitate homes throughout the State. House Bill 982 merely adds owner-occupied multi-family residences to the definition of historic residences eligible for a special assessment valuation available under the Property Tax Code. This passed on the Agreed Bill List, and I would answer any questions and ask for a favorable vote.

PRESIDING OFFICER

(SENATOR DONAHUE) Is there any questions? Is there any discussion? Seeing none, the question is, shall House Bill 982 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 982, having received the required constitutional majority, is declared passed. Senator Larry Walsh, on House Bill 989. Out of the record. Senator O'Daniel, on Senate {sic} Bill 998. Senator Thomas Walsh, on House Bill 1035. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

70 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day House Bill 1035. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Walsh.

SENATOR T. WALSH

May 13, 1997 It Thank you, Madam President. House Bill 1035 authorizes fund trustees to invest in investment funds which are exempt from registration under the federal Investment Company Act. provides that a trustee is not prohibited from utilizing funds for investment in which the trustee also acts in another capacity and permits the trustee or an affiliate to receive compensation for administration of the real estate of the trust real estate. And I'd ask for a favorable vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1035 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, 1 voting Present. House Bill 1035, having received the required constitutional majority, is declared passed. Senator Karpiel, on House Bill 1048. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1048. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

Thank you, Madam President. House Bill 1048 will authorize certain municipalities which have at least thirty percent of their 71 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 street or road mileage not owned or controlled by the municipality or any other unit of local government to impose special service areas for the purpose of repairing or maintaining those streets or roads. These roads must provide access for police, fire, and other emergency vehicles. The special service area may be proposed by the municipality, but it can't go any -- can't go forward until at least fifty-one percent of the affected landowners file a petition agreeing to the proposed area and tax. A public hearing must be held prior to the imposition of the special service area and tax. And I believe this applies to only two municipalities: the municipality of Wayne, which I represent, and perhaps River Woods, I heard might also be. But it's about the only two in the State that have this thirty-percent municipal roads not owned or controlled by the municipality. And I ask for your Aye vote.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR KLEMM

Just a question of the sponsor.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR KLEMM

Just wondering if, for legislative intent and for clarification, there is a provision in current Statutes that residents who don't agree with their special service taxing area could remove themselves through circuit court or some other procedure. Could you clarify that?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

...Senator, I'm glad you -- you asked that question, because in committee there were several people that did have a concern, and I did say I would investigate the possibility of an amendment, 72 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 which we did; however, found that in the present Statute regarding special service areas, there are -- there are -- I mean, ways of getting out it. A majority of the land landowners within the special service area can petition to disconnect from this area and file that with the circuit court.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Is there further -- Senator Jacobs.

SENATOR JACOBS

Thank you, Madam President. I didn't have a question until the last question. So what you're saying, then, that if over fifty-one percent of the people want to get this road paved and forty-nine percent of them wish to opt -- opt out, they're still going to get their road paved. Is that correct?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

You know, I think this whole thing is very confusing myself, because what the Statute says is that a majority of the landowners within a special service area may sign a petition to disconnect from the area, and a circuit court shall determine disconnection. So I can only assume that it would be after this special service area is created that a whole bunch of them decide they want to get out. Then they can file a petition with the circuit court.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

SENATOR JACOBS

And I'm not trying to belabor it, Senator, you know that. But what happens then if I'm right in the forefront of that service area, and to get to this service area, you got to go through me and then I -- then I withdraw, do we then -- do I then get my road paved for nothing? I know with special assessments it's fifty-one 73 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 percent and -- and the other forty-nine percent, well, they just have to suffer along with -- with all of them. And I -- I really don't understand whether there'd be an opt-out under this provision.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

I don't think there is an opt-out for the forty-nine percent. I think it would only have to be if the whole -- the fifty-one percent decided they wanted to disconnect, wanted to stop being a service area.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Further discussion? Senator Karpiel, to close.

SENATOR KARPIEL

I just ask for your Aye vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 1048 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 Ayes, 5 Nays, 2 voting Present. House Bill 1048, having received the required constitutional majority, is declared passed. Senator Bowles, on House Bill 1050. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1050. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Bowles.

SENATOR BOWLES

Thank you, Madam President. The House Bill 1050 is an 74 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 omnibus bill of the Department of Natural Resources. It removes the requirement for the DNR Advisory Board, since it has now been -- become a consolidated part of the Department of Natural Resources. It amends the Wildlife Code to clarify and update the Department's authority to manage wildlife populations, regulate the taking of wildlife, in order to provide recreational opportunities and control problematic wildlife populations. Also amends the Fish and Aquatic Life Code to add the Ohio River to the rivers that -- where gill and trammel nets may be used. If anyone has a question, I'd be happy to respond.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1050 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 1050, having received the required constitutional majority, is declared passed. Senator Farley, for what purpose do you rise?

SENATOR FARLEY

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

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR FARLEY

Thank you. Earlier I inadvertently hit the wrong button on Senate {sic} Bill 382. I wanted to be recorded as No on that particular bill. Senate {sic} Bill 382.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) The record will so reflect. Senator Madigan, on House Bill 1051. Out of the record. Senator Madigan, on 1076. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

75 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day House Bill 1076. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.

SENATOR MADIGAN

May 13, 1997 Thank you, Madam President, Members of the Senate. House Bill 1076 does four things. First of all, it updates the definitions of "registered professional" nurses and "practical" nurses. It establishes an eleven-member task force to be appointed by the Governor to study unlicensed workers who assist nurses in patients' care. Provides for a task force to be appointed by the Director of Department of Professional Regulations to establish a non-disciplinary, comprehensive assistance program for chemically dependent nurses, and extends the sunset date -- or, changes the sunset date from 12/31 of '97 to January 1st, 2008. What this bill doesn't do, and discussions continue -- are continuing between the nurses and the physicians, as far as the advanced practice of nurses with regards to title protection, collaborative agreements and prescriptive authority. That discussion continues. Hopefully we'll have something in the fall with regards to those issues. That's probably what most people in this Body are getting correspondence on, but this is an agreed bill. Happy to answer any questions on House Bill 1076, and otherwise would ask for its approval.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall 1076 pass -- House Bill 1076 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 1076, having 76 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 received the required constitutional majority, is declared passed. Senator Lauzen, on House Bill 1087. Senator Lauzen? Oh. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1087. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

SENATOR LAUZEN

Thank you, Madam President. House Bill 1087, as amended, gives Lottery -- Illinois Lottery winners an option to either take their award in lump sum or as an annuity, as is the existing condition. When this was raised about a month ago, there were two concerns, which have both been addressed. One was that this represents constructive receipt, which I very much disagree with. But rather than argue about that, we just put in an amendment that says that, before this can take effect, we have to get a letter ruling from the Internal Revenue Service in Washington, D.C., that it's not constructive receipt. And then the other was that there need to be safeguards, so that a person coming into a lot of money real quickly makes these decisions with open eyes. Those both have been handled in the bill, as amended.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR BERMAN

Thank you, Madam President. I want to compliment the sponsor. The two points that have been changed from the bill that was previously before us I think substantially improves the bill. This bill now is similar to what this Body passed out a year ago, and I ask for your Aye vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 77 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Further discussion? Senator Jacobs.

SENATOR JACOBS

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

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR JACOBS

Senator, there was a case, as I understand it, in Florida, where someone had to end up -- end up paying forty-nine-percent interest rate whenever this whole thing came about in Florida. Do you perceive -- has that been taken care of in this bill? To where someone who comes in and tries to sell and -- and doesn't pull the wool over the eyes -- do you feel there's enough safeguards in this bill to protect on that issue?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

SENATOR LAUZEN

I do, Senator Jacobs. Some of the provisions that have put -- been put in for the protection of the winner are: It requires the winner to have independent legal counsel; have the opportunity to receive independent financial advice; a court must approve the dealings; gives the winner three days' window to rescind the deal; requires all important information regarding the sale be clearly disclosed in the contract.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

SENATOR JACOBS

Yeah. Just one final question, if I could. According to a handout we've received from the Lottery, it's says all winners past, present and future will be subject to an immediate twenty-eight-percent to thirty-one-percent federal tax, as well as a three-percent State tax on the full cash amount of their prize. 78 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 Is that still the case?

PRESIDING OFFICER

(SENATOR DONAHUE) Senator Lauzen.

SENATOR LAUZEN

I -- I just think that that claim is very inaccurate.

PRESIDING OFFICER

(SENATOR DONAHUE) Further discussion? Senator Collins.

SENATOR COLLINS

Question of the sponsor.

PRESIDING OFFICER

(SENATOR DONAHUE) Indicates he'll yield, Senator Collins.

SENATOR COLLINS

Senator, you -- you said that that statement was just so inaccurate, but the Lottery people are very adamant about that position and their position on this bill because of that. You're -- you're taking about -- and it would appear to me that from the research that they did and passed out, that they've done extensive research around the country where -- where this has been happening, or attempted to happen, and they seem to have found, in their research, a lot of problems with it. And -- and I don't know what -- I know the tax part, I understand, is -- from Senator Berman -- that you've basically responded to some of our more critical issues in the committee and that was dealing with the -- the taxes. But still there seem to be a lot of other unresolved issues as it relates to this bill, as far as the Lottery people are concerned. And I just don't think we ought to be moving forward on this. This is a new concept, a new industry, and I don't know what the big rush is. And one of the other things that I'd like to know from you is whether or not these people are going to be -- another way of soliciting people on the phone and putting pressure on people to -- to do this. And the three, though -- window, I think, is a bit -- is too short also; that this -- that 79 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 -- that there should be more time for them to change their mind with the contract if, in fact -- because there are so many unseen factors and unknown factors in a new industry, that they should be given, maybe, more time - five days to change their mind before -- you know, before the contract becomes final. This is something that I -- I don't think we know enough about at the time, and we ought to listen to the Lottery people.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

SENATOR LAUZEN

I think that that, perhaps, was a statement rather than a question.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR DILLARD

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

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen. Senator Lauzen, say it in the microphone, please.

SENATOR LAUZEN

Yes.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

SENATOR DILLARD

Thank you, Madam President. The -- our late, beloved friend, Senator Hall, is not here, but he always had a question that he asked a lot of times. Who wants this bill, Senator Lauzen?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

SENATOR LAUZEN

From what I understand, there is a group of people who provide 80 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 a service where they go to lottery winners in other states and offer to, in effect, provide a lump-sum payment. What their names are, I don't even know.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

SENATOR DILLARD

Thank you, Madam President. I guess to the bill; he sort of answered my next question, was I wanted to know who these people were, what their names were. I do know that, in the State of New Jersey, one of these companies -- I have a press release from the Office of the Attorney General in New Jersey that says New Jersey filed suit against lottery assignment company for attempting to defraud a resident. I just think, as I have spoken on this bill before when it was over here, this is a bill whose time has not come. And the Lottery informs me that to the contrary of where you may want people who -- who have, I guess, a financial stake in this, who sell annuities or sell whatever it is that lets people assign these types of lottery prizes, to the contrary, the Lottery tells me in Illinois that they receive several complaints each week from irritated players, claiming that they're being harassed and coerced by financial groups promising them high-yield interest on their winnings. And I guess if you win a big prize and, you know, you see it in your local newspaper, the last thing you want is having a number of out-of-state companies descend on you, telling that -- you that they can make you rich, when, in fact, I think the IRS -- the Internal Revenue Service -- implications of this law, while Senator Lauzen is the finest accountant in this Body, still is up for grabs. And I just think this is a bill whose time has not come. It's a bill that I think we will hear from our constituents again, when they win these things and some little, old lady in downstate Illinois has people from out East pounding on their door, saying, "Hey, I can make you rich", and 81 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 then they find out that there are all kinds of tax implications and other problems. I just think this bill is a little premature. Maybe it's premature forever. But it's a bad idea, and it's a it's a bill who whose time has not yet come. And I'd urge a No vote.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR CARROLL

Thank you, Madam President, Ladies and Gentlemen of the Senate. Like I have done in the past when this bill was up, I, too, rise in opposition, mainly because there is no regulation on those people who will come into Illinois and try and buy these lottery prize cash flows. And the example that one of the prior speakers spoke to, of New Jersey, the buyer ended up charging forty-nine-percent interest to the person who had won a lottery prize. The person won a prize of about thirty-six thousand dollars a year. The company came in and said, "Here's twenty-five thousand dollars. You owe -- you'll pay us back twelve thousand plus a year for five years." So for the twenty-five thousand cash up front, waiting less than a year to get the thirty-some-odd thousand, the person ended up paying forty-nine-percent-a-year interest for the use of that money for less than a year. Since we don't regulate them and they have been typically very usurious in their interest rates, I think this is a bad idea and would urge a No vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Lauzen, to close.

SENATOR LAUZEN

Thank you -- thank you very much, Madam President. I -- you know, this is amazing. I mean, this is -- this is America. Shouldn't you have the freedom that, when you win the Lottery, you 82 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 can actually use the money? I would ask the opponents: Do you realize that when you win a ten-million-dollar Lottery, that you can't even use that Lottery ticket to secure a home? So you -- if you win the Illinois State Lottery, you can't even buy a home and secure it with your winnings. That's how bad this is. As far as one situation where one person was cheated, if every time we passed a law in this Chamber it was a matter of one situation being used, I think that we wouldn't be passing the number of bills out of this Chamber that we are today. The protections: If you're saying -- if the opponents are saying that after you have legal counsel, after you go to an independent financial advice, after you have a court approve the dealings, and then you give the winner three days after all that to rescind the decision, I think that the protections are here quite a bit. As a matter of fact, it reminds me of a line in Shakespeare, where -- I think it's in Hamlet, where after the murder of the king, I think it is, that someone says: Me thinks the Lottery protests too much; that we have a circumstance that the real reason for objecting is that they have a fear of truth in advertising, that what they claim is a ten-million-dollar value is really only worth about six and a half million. I think that we should give the winners of the Lottery in the State of Illinois and the citizens who play that game the right to take their prize in a lump sum or the annuity. I would appreciate an Aye vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion -- or, the question is, shall House Bill 1087 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 19 Ayes, 38 Nays, 1 voting Present. House Bill 1087, having not received the required constitutional majority, is declared failed. Senator Hawkinson, 83 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 on House Bill 1112. Out of the record. Senator Dudycz, on House Bill 1115. Out of the record. Senator Peterson, on House Bill 1118. House Bill 1118. Out of the record. Senator Peterson, on House Bill 1121. Out of the record. Senator Cullerton, on House Bill 1140. Out of the record. Senator Maitland, on House Bill 1144. Out of the record. Senator O'Malley, on House Bill 1147. Out of the record. Senator Thomas Walsh, on House Bill 1168. Thomas -- oh, read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1168. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Read -- Senator Thomas Walsh.

SENATOR T. WALSH

Thank you, Madam President. House Bill 1168 amends the Illinois Securities Law to incorporate changes in conformance with the recently enacted federal National Securities Market Improvement Act. It also amends the Business Opportunity Sales Law, the Loan Brokers Act and the Business Brokers Act to make regulatory and streamlining -- changes recommended by the Secretary of State's Securities Advisory Committee. I know of no opposition. This is recommended by the Secretary of State's Office, and I would -- was on the Agreed Bill List, and I'd appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 1168 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 1168, having received the 84 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 required constitutional majority, is declared passed. House Bill 1169. Senator Mahar. Out of the record. Senator Rauschenberger, on House Bill 1171. Out of the record. Senator Karpiel, on House Bill 1174. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1174. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

Thank you, Madam President. House Bill 1174 amends the Hazardous Material Emergency Response Reimbursement Act. And it does SO that it -- it says that it provides a mechanism for all communities that respond to emergency incidents involving hazardous materials to obtain reimbursement. It changes the limitation on the reimbursement from five percent to two percent of the agency's budget, and it puts in an immediate effective date. And that's all it does, and I ask for your Aye vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 1174 pass. Those in favor will vote Aye. Opposed, No. And the -- the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 1174, having received the required constitutional majority, is declared passed. Senator O'Malley, on House Bill 1180. Out of the record. Senator Dillard, on House Bill 1186. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1186. (Secretary reads title of bill) 85 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

SENATOR DILLARD

Senate. May 13, 1997 Thank you, Madam President and Ladies and Gentlemen of the House Bill 1186 amends the Probate Act. It is a bill suggested by the Chicago Bar Association, and it provides that an adopted child who is adopted after attaining the age of eighteen and who has never lived or resided with the adopting parent before obtaining the -- that age is a child but is not a descendant of the adopting parent for purposes of inheriting from an adopting parent's kindred. It comes from, and codifies, a First District court case, Cross versus Cross. And the bill also provides that in determining the property rights of any person under a nontestamentary instrument, an adopted child's relationship to his or her adopting and natural parents, it shall be governed by the specific provisions -- or, their rights shall be governed by the specific provisions of the Probate Act. I would appreciate a favorable roll call. I know of no opposition.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 1186 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 1186, having received the required constitutional majority, is declared passed. Senator Mahar, on House Bill 1169. Out of the record. Senator Rauschenberger, on House Bill 1171. Out of the record. Senator oh. I'm on the wrong... Wait. Senator Burzynski, on House Bill 1188. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

86 47th Legislative Day House Bill 1188. STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER

(SENATOR DONAHUE) Senator Burzynski.

SENATOR BURZYNSKI

May 13, 1997 Thank you, Madam President, Senate. Ladies and Gentlemen of the This amends the Counties Code and basically allows the counties with zoning to establish minimum lot sizes for residences on land used for ag purposes. I'd be more than happy to answer any questions.

PRESIDING OFFICER

(SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1188 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, 1 voting Present. House Bill 1188, having received the required constitutional majority, is declared passed. Dillard, on House Bill 1210. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1210. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

SENATOR DILLARD

Senator Thank you, Madam President. I've been dutifully informed that there might be an amendment coming and I'm going to take this back to 2nd Reading sometime. So could you please take it out of the record? I'm sorry.

PRESIDING OFFICER

(SENATOR DONAHUE) 87 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Out of the record. Senator Dillard, on House Bill 1211. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1211. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

SENATOR DILLARD

Thank you, Madam President and Ladies and Gentlemen of the Senate. If I could, Senator Cronin offered an amendment on behalf of the Attorney General in the Judiciary Committee on this bill, which essentially has become the bill, and I'd like to defer to Senator Cronin to explain House Bill 1211.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.

SENATOR CRONIN

Thank you, Madam President. Thank you, Senator Dillard. The amendment that we proposed in committee, which has essentially become the bill, it amends the Solicitation for Charity Act, creating a point of solicitation disclosure requirement, establishes penalties for failure to truthfully register, requires registration in and of itself and a fee and a report to the Attorney General, and raises the level of fund-raising needed to trigger the requirements. We discussed this issue in committee, and I -- I think it would hit home with a lot of the Members here if you would kind of try to recall -- I'm sure you've all had the experience -- where you're solicited at home over the phone or through the mails or through direct door-to-door solicitation. And usually it comes at a time when -- when it's -- it's a difficult time, around the dinner hour, and somebody calls, and they're from some organization that sounds wonderful and they want 88 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 you to make a commitment to -- for a contribution, and you don't want to say no, but you know very little about this organization. What this law will do now, it will require, in much the same vein that we, as politicians, are required to disclose to people when we're soliciting for contributions, that -- that the person making the solicitation is a professional fund-raiser and that they have a report that is available for inspection. And it's my feeling that this will be a great protection for consumers and the truly worthwhile organizations will get the -- the donations and contributions that are required. There is a couple of fees that are included in this bill. The fees are necessary only for purposes of -- of covering the administrative cost to put these reports together and then to make sure they're disseminated. There's a wide dissemination effort contemplated in this bill to libraries, the Internet, schools, and so on and so forth. We're talking about a fifteen-dollar registration fee for charitable organizations and a one-hundred-dollar fee for those professional fund-raisers. That -- also you should be advised that no organization such as fraternal organizations, church organizations will be required, unless they -- to register, unless they get -- they will be not required at all, unless they use a professional fund-raiser. If they do not use a professional fund-raiser and they're a charitable organization and they raise between -- they have to raise a minimum of fifteen thousand dollars before they have to register, before they have to pay their fifteen-dollar fee, and only those that raise a hundred and fifty thousand dollars on their own or twenty-five thousand dollars through outside fund-raising and a more limited -- require a full report. Be happy to answer any questions. There was a lot of work that went into this, and I think it's a good vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Is there any discussion? 89 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Seeing none, the question is, shall House Bill 1211 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 1211, having received the required constitutional majority, is declared passed.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) On the Order of House Bills 3rd Reading, House Bill 1215. Senator Burzynski. House Bill 1229. Senator Rauschenberger. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1229. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill -- or, House Bill 1229 creates the Radon Industry Licensing Act. It repeals the old Radon Mitigation Act. It gives the Department of Nuclear Safety the authority to regulate and set standards and -- and guidelines for the radon mitigation industry. It's an administration bill. It passed the House overwhelmingly. It's an agreed bill through the process. I'd appreciate favorable roll call.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1229 pass. All those in favor will vote Nay. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, 1 voting Present. And House Bill 1229, having received the required constitutional 90 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 majority, is declared passed. House Bill 1239. Senator Mahar. Senator Mahar. House Bill 1252. Senator Dillard. House Bill 1254. Senator Cronin. House Bill 1255. Senator Clayborne. Read the -- read the bill.

Harry (surname or first name uncertain)

House Bill 1255. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Clayborne.

SENATOR CLAYBORNE

Thank you, Mr. President. House Bill 1255 allows Madison, Monroe, St. Clair Counties to increase the maximum prize award for a single game in bingo, currently at five hundred dollars, to three thousand two hundred and fifty dollars. Essentially what it does, it rolls over a prize from one particular game if it's not won to, obviously, make it more competitive and more attractive to those that are playing bingo. To my understanding, there is no opposition and it passed out of committee with a 10-0 vote. I ask for your favorable consideration.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1255 pass. All those in favor will vote Nay. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 Ayes, 5 Nays, 1 voting Present. And House Bill 1255, having received the required constitutional majority, is declared passed. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1266. Senator Madigan. House Bill 1266. (Secretary reads title of bill) 91 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan.

SENATOR MADIGAN

May 13, 1997 Thank you -- thank you, Mr. President, Members of the Senate. House Bill 1266 removes the exemption for foreign and alien reinsurance companies to post bond before filing a pleading action or a suit in an amount sufficient to secure payment of any final judgment rendered. Currently in Illinois, domestic insurers are required to post this bond, and by removing this exemption for reinsurance companies, it will level the playing field for domestic insurers. We passed this language last year on a conference committee report. The Governor vetoed the conference committee report because of other language in the conference committee, has no objection to this language. Bill passed out of the House unanimously. I'd be glad to answer any questions on House Bill 1266, and otherwise...

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR CULLERTON

Yes. Would the sponsor yield?

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR CULLERTON

Senator, does this bill have any retroactivity to it? If you could address that.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan.

SENATOR MADIGAN

It's my understanding that it would have retroactivity, Senator Cullerton. It has the same language that, as I understand, is in a New York statute, which the New York Supreme 92 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Court recently upheld the constitutionality of that -- of that language.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is, shall House Bill 1266 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 1 Nay, 1 voting Present, and House Bill 1266, having received the required constitutional majority, is declared passed. House Bill 1279. Senator Hawkinson. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1279. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson.

SENATOR HAWKINSON

Thank you, Mr. President. This bill comes to us from groups around the State who are concerned with victims of head injury trauma. The idea is to present a waiver application to HCFA which would allow for in-home and community-based services for traumatic brain injury patients. With the amendment that was filed in committee, I believe there are are no longer any opponents. It was offered by DORS and Public Aid, which delays the application date, but we also have a -- a -- an agreement by the Departments that the representatives of trauma victims to the head will be at the table when the program is put into place. I think this is an excellent piece of legislation and we ought to pass it today. I'd be happy to answer any questions, otherwise ask for an Aye vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House 93 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Bill 1279 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present, and House Bill 1279, having received the required constitutional majority, is declared passed. House Bill 1280. Senator Madigan. House Bill 1283. Senator Farley. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1283. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Farley.

SENATOR FARLEY

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1283 provides that if taxes become delinquent due to error by the mortgage lenders, they - the mortgage lenders - shall be exclusively responsible for those taxes, redemption of delinquencies and removal of the liens. It is our feeling that if one pays their mortgage to a mortgage lender, that mortgage lender should be responsible and act in a responsible way paying the taxes. The bill establishes that erring mortgage lenders are responsible not only for the interest payments, but also are responsible and shall pay the taxes, redeem the property from tax buyers and take the necessary steps to remove any liens caused by tax delinquency. I think this is a good -- a good bill, Mr. President and Ladies and Gentlemen, and -- and I would appreciate an Aye vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1283 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have 94 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present, and House Bill 1283, having received the required constitutional majority, is declared passed. House Bill 1286. Senator Syverson. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1286. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.

SENATOR SYVERSON

...President -- thank you, Mr. President. Last year we passed Senate Bill 1696, which allowed county boards in counties of populations of five hundred thousand to three million to establish children's waiting rooms. What this bill does is remove that population threshold to allow all counties, with county board approval, to set up a children's waiting center.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR MOLARO

Is -- thank you, Mr. -- Mr. President. Is there fee increase with this for people who use a -- the waiting rooms?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.

SENATOR SYVERSON

No. It's up to the county board to establish a -- a fee of up to two dollars -- not to be less than two dollars for -- on a filing fee that would pay for it, but the parents whose children would be using that facility would not be charged for it. The county board would...

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 95 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Any further discussion? If not, the question is, shall House Bill 1286 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present, and House Bill 1283 (sic) (1286), having received the required constitutional majority, is declared passed. On the top of page 12 of your regular Calendar, on the Order of House Bills 3rd Reading, is House Bill 1294. Senator Smith. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1294. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Smith.

SENATOR SMITH

Thank you, Mr. Speaker, Ladies and Gentlemen of the Senate. I come with this bill, House Bill 1294, which permits the Department of Human Services, as the successor agency to DASA, to establish a three-year demonstration project in Cook County to be known as the Adolescent Family Life Program. The Program is geared toward high-risk pregnant adolescents, young people who are between the ages of twelve and eighteen who are abusing alcohol or drugs or both. House Bill 1294 is supported by the Illinois Association of Alcohol and Drug Dependency Agencies, and DASA is neutral on this bill. I urge your most favorable consideration of this legislation. This is a very serious bill, because we have young people today in rich homes, in poor homes, in mediocre homes that are going out of their homes and going with other young people between the ages of twelve and eighteen, being abused or settling their lives of using dope and other things that are not proper for 96 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 young people to use today. We have this opportunity to have this legislation pass, and I'm asking for your -- please, your cooperation.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1294 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present, and House Bill 1294, having received the required constitutional majority, is declared passed. House Bill 1311. Senator Butler. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1311. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.

SENATOR BUTLER

Thank you, Mr. President. Ladies and Gentlemen, in a nutshell, this bill is intended to provide the ability, or to -- excuse me, to improve the ability, of small business to provide health care that is more affordable for the business and for its employees. Basically, it allows two or more employers to group together, then contract for coverage at the best terms and at the best conditions for their employees and their families. This health -- it's called the Health Care Purchasing Group Act, and it limits the number of individuals covered by any HPG, which I'll refer these health care purchasing groups as. It restricts the number of individuals covered by any HPG to twenty-five hundred. However, there is a provision that a -- a -- an HPG can provide coverage for more than one group, but they cannot sponsor more 97 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 than ten thousand individuals. The companies that might be covered by this must be Illinois companies or an out-of-state company insuring employees of an -- of an operation within the State of Illinois. This is going to be thoroughly regulated by the Department of Insurance. They must register with the State. Every contract they enter into must be approved by the Department of Insurance and they cannot -- I repeat, "cannot" -- collect premiums unless they're licensed under the Illinois Insurance Code. Basically, this is a -- a bill aimed to help small business. It came out of the House unanimously and came out of the committee -- the Senate committee by a score of 10 to nothing. So I would urge your -- your approval.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1311 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present, and House Bill 1311, having received the required constitutional majority, is declared passed. House Bill 1327. Senator Butler. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1327. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.

SENATOR BUTLER

Ladies and Gentlemen, House Bill 1327 actually is not the no pass/no play bill anymore. That was amended out. This is a bill I think answers all of our concerns that with the increase in school funding that we're arguing and worrying about right now, 98 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 that there should be more accountability of how -- of the results of the -- all the money that's going to be increased -- assuming it's going to be increased anyways. What this does is to increase the number of -- of tests, IGAP tests, which will be provided in the future. This bill, it's an amendment, and it is going to go over to the House where there is some concurrent work being done. It adds tests in the eighth and tenth grade, for example, and also adds tests in the science and social science areas. This bill is not complete as it is. I anticipate the House is going to have some comments and will probably end up in a -- in a -- in a committee. So I would urge your -- your vote to keep this thing moving. Time is running out on us, and I think we ought to address this as rapidly as we possibly can to make the -- the deadline. So I would urge your support and would try to answer all your questions.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Rauschenberger. END OF TAPE TAPE 3

SENATOR RAUSCHENBERGER

...Mr. President. Would the sponsor yield for a couple of questions?

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR RAUSCHENBERGER

Senator Butler, is this -- is this bill an initiative of the State Board of Education? 99 47th Legislative Day

PRESIDING OFFICER

Senator Butler.

SENATOR BUTLER

Yes. STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT (SENATOR DUDYCZ) May 13, 1997

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Senator, I think it -- it's -- it's good that we take a hard look at the IGAP process, and -- and I certainly think that it's -- it's good that you're anticipating some more work on this. I guess I'm a little concerned about eliminating the twelfth-grade or the senior-year examination. As I understood it, one of the purposes of the IGAP process was to give us comparability and to give us some kind of standards for -- to measure graduation. I guess I'm a little uncomfortable with taking the senior-year examination and moving it down to grades ten and eleven. In some ways, some cynics might think that the State Board of Education is is trying to take away a meaningful standard we can use to -- to -- to see what kind of achievement and progress we're making in our schools. So, although, you know, certainly respect your -- your work on IGAP as a process, I think it's very dangerous for us to eliminate the Prairie State Achievement Examination and diffuse that same subject matter down into lower grades. So I'd -- I'd urge you to think real hard about whether we need to proceed with this bill this Session.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR BERMAN

Thank you, Mr. President. I stand in support of this bill. I think that the sponsor has indicated that there have been some questions that have to be resolved yet. We have put an amendment on the bill here. It will go back to the House. We are trying to 100 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 address Senator Rauschenberger's concerns about the twelfth grade. We are trying to add some other grades in order to -- to translate a testing process so that we can really measure progress. That's what Senator Butler is trying to do with this bill. I urge an Aye vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR JACOBS

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

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR JACOBS

What -- this bill appears to be basically aimed at just those playing athletics. What -- what happens to the rest of the kids? That's been amended out of there now? Okay, I'm sorry. I apologize, my -- my analysis does not show that.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR SYVERSON

Thank you. Just a question of the sponsor.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR SYVERSON

Is there -- is there a cost indication of expanding IGAP to be testing in further grades or what this -- what the cost would be to the State Board or to local school districts for doing that?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.

SENATOR BUTLER

We've -- we've never discussed that, and it's never been an issue. 101 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.

SENATOR SYVERSON

Well, it ought to be an issue. There is a cost to incur in expanding tests down to further grades. If we can't adequately bring schools up even to the foundation level, why are we expanding testing at a time when we can't even provide books for some of these same students?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.

SENATOR BUTLER

At this stage of the game, I don't think cost is -- is yet to be discussed. There will be a cost. The question is, we're going to be pumping millions -- hundreds of millions of dollars in additional -- additional funding for the schools. We ought to have some idea, soon, how we're going to access that.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR BURZYNSKI

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

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR BURZYNSKI

Thank you. I kind of agree with some of Senator Rauschenberger's comments earlier. I think that, you know, we had a reason to have -- the exit exam was really to test a level of achievement. My concern is, if we move this to -- exam down into the tenth or eleventh grade, that not only are we not going to have a level of achievement tested upon graduation, but, again, we're encouraging teachers to teach for the test. And -- and I don't know if there's an answer to that or not, Senator, but it 102 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 really does raise some concern. I think we already see schools doing that and students do not benefit from being taught how to take these types of exams. So I -- I don't know if you've got a question -- or, an answer to that.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.

SENATOR BUTLER

Well, again, I have to repeat myself. If you consider this the final bill, there may be validity to your question or your statement. I don't consider this the final bill. I think there's still work to be done on it. I'd like to keep it moving over to the House. We're going to talk about this a great deal and I will certainly take your concerns into consideration.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR BUTLER

I ask your favorable vote, please.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 1327 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 41 Ayes, 12 Nays, and 14 {sic} (4) voting Present. And House Bill 1327, having received the required constitutional majority, is declared passed. House Bill 1332. Senator Madigan. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1332. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan. 103 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

SENATOR MADIGAN

Thank you, Mr. President, Members of the Senate. House Bill 1332 is the domestic abuse language that has been before us last year and was before us on Senate Bill 490. It basically prohibits insurance companies from discriminating either by denying or terminating coverage or charging different rates for -- to individuals who are or were victims of domestic abuse or sought protection or treatment from that abuse. I'd be happy to answer any questions on House Bill 1332, and otherwise would ask for a favorable roll call.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1332 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And House Bill 1332, having received the required constitutional majority, is declared passed. Senator Clayborne, what purpose do you rise?

SENATOR CLAYBORNE

Mr. President, I rise for a point of personal privilege.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point, please.

SENATOR CLAYBORNE

Thank you, Mr. President. I'd like the Senate to welcome Lala Coleman, who's the director of services for older adults at the Leslie Bates Neighborhood House in my great district and City of East St. Louis.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized? Welcome to Springfield. House Bills on the Order of 3rd Reading, in the middle of page 12 is House Bill 1337. Senator Bomke. Senator 104 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Bomke. House Bill 1344. Senator Dillard. Senator Dillard. House Bill 1347. Senator Donahue. House Bill 1374. Senator Walsh. Thomas Walsh. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill...

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) No. Out of the record. House Bill 1384. Senator Fawell. Read the record, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1384...

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Read the bill.

Harry (surname or first name uncertain)

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

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell.

SENATOR FAWELL

Thank you very much. This is a bill that allows the municipalities and the municipal libraries to separate their two tax levies. What happens right now if you have a municipal library, that municipal library's tax levy is under the municipality levy. And there has been concern on both sides that the library may come in and ask for more than they are entitled to under the tax caps or that the municipality may try and dip into the library levy. There is no tax increase. It's just clarifying who gets what. I know of no opposition. The library districts are in favor of it.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there... Is there any discussion? If not, the question is, shall House Bill 1384 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted 105 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And House Bill 1384, having received the required constitutional majority, is declared passed. House Bill 1386. Senator Rauschenberger. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1386. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1386 changes the repeal date for the fast-track Clean Air Act. It's an administration bill. It's noncontroversial. This has been one of the more successful programs that IEPA has been able to engage in. I'd appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1386 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, 1 Nay, none voting Present. And House Bill 1386, having received the required constitutional majority, is declared passed. House Bill 1388. Senator Burzynski. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1388. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 106 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day Senator Burzynski.

SENATOR BURZYNSKI

May 13, 1997 Thank you, Mr. President, Ladies and Gentlemen of the Senate. This does amend the Vehicle Code. It establishes a zero-tolerance blood level -- blood alcohol level for school bus drivers. Basically, under current law, school bus drivers are required to possess a commercial drivers license, and the CDL subjects the driver to random drug testing and a .04 blood alcohol content level. This would change that to zero tolerance. Be more than happy to answer any questions.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR SIEBEN

Thank you, Mr. President. I do rise in support of this legislation, but I need to ask the sponsor a question.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR SIEBEN

Yes. Senator Burzynski, is it your intention that the language of this bill is in conformity with the Summary Suspension Law which was applied in The People versus Hamilton case?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Burzynski.

SENATOR BURZYNSKI

Yes.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not, the question is, shall House Bill 1388 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And House Bill 1388, having received the required 107 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day constitutional majority, is declared passed. House Bill 1397. Senator Thomas Walsh. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 1397. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.

SENATOR T. WALSH

May 13, 1997 Thank you, Mr. President. House Bill 1397 creates a Class A misdemeanor for willfully providing false information on an employment application if the job is a direct-care position with an agency that receives State funding for the care of persons with mental illness or developmental disabilities.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1397 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And House Bill 1397, having received the required constitutional majority, is declared passed. House Bill 1400. Senator Madigan. Senator Madigan. On the top of page 13 of your regular Calendar, in the Order of House Bills 3rd Reading, is House Bill 1411. Senator Rauschenberger. House Bill 1418. Senator Rauschenberger. Senator Carroll. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 1418. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Carroll. 108 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

SENATOR CARROLL

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Since everybody says to me this is the euro dollar bill, I say it's the "myo" dollar bill. Basically all this is, is it says that when and if Europe goes to a single currency, which is supposed to happen January 1, 1999, that any contracts that were entered into to pay monies that were in one of the thirteen nations that make up the European Confederation would automatically transfer to this new euro dollar, the purpose of which is if, for example, Caterpillar sold tractors over in Germany to be paid in deutsche marks and deutsche marks no longer exist at that point, someone may say they no longer owe owe the obligation. This would say, no, it would convert to the euro dollar. I know of no opposition and would ask for a favorable roll call.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1418 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And House Bill 1418, having received the required constitutional majority, is declared passed. House Bill 1450. Senator Rauschenberger. Senator Rauschenberger. House Bill 1457. Senator Geo-Karis. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 1457. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR GEO-KARIS

109 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 I would like to take that back to 2nd Reading for purpose of an amendment that's coming.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Out of the record. House Bill 1485. Senator Bomke. Senator Bomke. House Bill 1486. Senator Trotter. House Bill 1493. Senator Rauschenberger. Senator Rauschenberger. House Bill 1500. Senator Butler. House Bill 1506. Senator Sieben. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 1506. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Sieben.

SENATOR SIEBEN

Thank you, Mr. President. This legislation creates the Service Evaluation Committee under the direction of the Office of the Lieutenant Governor to design, develop and modify State Board of Education evaluation forms for services that they provide to school districts and regional superintendents. Ask for your Aye vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1506 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And House Bill 1506, having received the required constitutional majority, is declared passed. House Bill 1525. Senator Luechtefeld. Senator Luechtefeld. House Bill 1565. Senator Radogno. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

110 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day House Bill 1565. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Radogno.

SENATOR RADOGNO

May 13, 1997 Thank you, Mr. President. This bill would allow HMOs to offer coverage for children who are under the age of eighteen, which would be limited to outpatient care preventative services, diagnostic X rays, lab services and emergency services. It's necessary to amend the HMO Act because currently they're required to offer a specific set of coverages unless exempted by law. This is a good bill because it would allow working parents to purchase affordable coverage for their children for outpatient care. There's currently about three hundred thousand children in Illinois that don't have any health insurance at all. So this proposed product would help reduce this number and it will be especially helpful as those families move from welfare to work.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1565 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And House Bill 1565, having received the required constitutional majority, is declared passed. House Bill 1585. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 1585. (Secretary reads title of bill) 3rd Reading of the bill. Senator Berman.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 111 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 Senator Berman.

SENATOR BERMAN

Thank you, Mr. President. This bill changes the penalty for a person who willfully alters or destroys a will or willfully secretes a will after the death of the testator to a Class 3 felony from a Class C misdemeanor. Know of no opposition. Solicit your Aye vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1585 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, and -- and none voting Present. And House Bill 1585, having received the required constitutional majority, is declared passed. House Bill 1613. Senator Myers. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 1613. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Myers.

SENATOR MYERS

Thank you, Mr. President. This amends the Criminal Code by creating a new criminal offense for preventing the reporting of an act of domestic violence. In addition, it denies temporary custody to a putative father until a court has established a parent-child relationship. And I would ask for an affirmative vote on this bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1613 pass. All those in favor will vote Aye. Opposed will 112 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And House Bill 1613, having received the required constitutional majority, is declared passed. House Bill 1618. Senator O'Malley. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 1618. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR O'MALLEY

Thank you, Mr. President, Members of the Senate. House Bill 1618 amends the Vehicle Code to provide that after January 1, 1998, a person buying an all-terrain vehicle shall apply to the Secretary of State for a certificate of title. This is a request from Motorcycle Dealers' Association. Currently the Secretary of State will title an ATV upon request only. The bill requires that ATVs purchased after January 1, '98, shall be titled, and the fee that will be charged as a one-time charge is thirteen dollars. PRESIDING OFFICER: (SENATOR DUDYCZ). Is there any discussion? If not, the question is, shall House Bill 1618 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 Ayes, 6 Nays, none voting Present. And House Bill 1618, having received the required constitutional majority, is declared passed. Top of page 14 of your regular Calendar, in the Order of House Bills 3rd Reading, is House Bill 1628. Senator Shadid. House Bill 1633. Senator Syverson. House Bill 1641. Senator O'Malley. House Bill 1651. Senator Cronin. 113 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 House Bill 1655. Senator O'Malley. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 1655. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR O'MALLEY

Again, thank you, Mr. President and Members of the Senate. House Bill 1655 amends, with identical language, the Banking Act, the Bank Holding Company Act, the Savings and Loan Act, the Savings Bank Act, the Corporate Fiduciary Act, the Foreign Banking Office Act, the Foreign Bank Representative Office Act, the Trust and Trustees Act, the Common Trust Fund Act and the Interest Act. Basically provides a safe harbor for entities subject to each of the foregoing Acts for acts or omissions, whether they be executed or unexecuted, in good-faith conformity with any rule, interpretation or opinion issued by the Commissioner of Banks and Real Estate. Under current law, only financial institutions which have the benefit of safe harbor language under State law are DFI licensees. The Commissioner of Banks and Real Estate regularly issues interpretive letters which are ruled on a case-by-case basis and respond to specific questions that are posed. The legislation allows for, again, the good-faith reliance upon these opinions and would appreciate your support, but I would also be happy to answer any questions there may be.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1655 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On 114 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 that question, there are 58 Ayes, no Nays, none voting Present. And House Bill 1655, having received the required constitutional majority, is declared passed. House Bill 1678. Senator Rea. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 1678. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rea.

SENATOR REA

Thank you, Mr. President and Members of the Senate. Senate (sic) Bill 1678, actually Senate Amendment 1 becomes the bill. And this creates the Grape and Wine Resources Council. The Council is to provide support and growth services to Illinois grape wine industry, and monies for the Council shall be subject to appropriation from funds contained within the Department of Commerce and Community Affairs. And this amendment makes the bill identical to Senate Bill 910 that had passed out of here earlier. I know of no opposition.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR MOLARO

A point of personal privilege.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.

SENATOR MOLARO

My point would be to recognize and welcome Senator DeLeo, who's on the Democratic side of the gallery.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is, shall House Bill 1678 pass. All those in favor will vote Aye. Opposed will 115 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, 1 Nay, none voting Present. And House Bill 1678, having received the required constitutional majority, is declared passed. House Bill 1680. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 1680. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR DEMUZIO

Thank you, Mr. President. I'll yield to Senator O'Daniel to explain the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O'Daniel.

SENATOR O'DANIEL

Thank you, Mr. President, Members of the Senate. What this does, it -- this House Bill 1680, it creates the Wheat Development Act, which is very similar -- it's patterned after the corn checkoff and the soybean checkoff. I don't know of any opposition, and so I'd appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1680 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. And House Bill 1680, having received the required constitutional majority, is declared passed. House Bill 1699. Senator Parker. House Bill 1705. Senator Cronin. House Bill 1707. Senator 116 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day Rauschenberger. House Trotter. House Bill 1751. Senator Garcia. Cronin. May 13, 1997 Bill 1735. Senator Trotter. Senator Senator Dillard. House Bill 1757. Senator Garcia. House Bill 1779. Senator House Bill 1802. Senator Cronin. On the top of page 15 of your regular Calendar, in the Order of House Bills 3rd Reading, is House Bill 1806. Senator Thomas Walsh. House Bill 1823. Senator Maitland. House Bill 1880. Senator O'Daniel. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 1880. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O'Daniel.

SENATOR O'DANIEL

Thank you, Mr. President, Members of the Senate. House Bill 1880 amends the Illinois Farm Development Act relating to State guarantees. It raises various ceilings to the guarantee program for restructuring agriculture farm debts. A State Debt Impact Cap, Note was filed on the bill and it concluded that the increased authorization of the bill is offset by the increased transfer of authorization; thus, the level of State debt is not affected. What the bill really does is -- is raises the limit for farmer from three hundred to five hundred thousand dollars, and this has been a very successful program, especially for beginning farmers and restructuring debt. I know of no opposition. I'll attempt to answer any questions. If not, I'd appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, House -- the question is, shall House Bill 1880 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted 117 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. And House Bill 1880, having received the required constitutional majority, is declared passed. House Bill 1883. Senator Myers. House Bill 1887. Senator Karpiel. House Bill 2030. Senator Cronin. House Bill 2059. Senator Parker. House Bill 2060. Senator Viverito. House Bill 2061. Senator Parker. House Bill 2132. Senator Radogno. House Bill 2150. Senator Geo-Karis. I beg your pardon. Senator Berman. House Bill 2150. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 2150. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Berman.

SENATOR BERMAN

Thank you for the compliment, Mr. President. House Bill 2150 creates a lien for optometrists' medical services, similar to what we already have for other medical providers. I would be glad to respond to any questions and ask your Aye vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 2150 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 1 Nay, none voting Present. And House Bill 2150, having received the required constitutional majority, is declared passed. Senator Demuzio, what purpose do you rise?

SENATOR DEMUZIO

Point of personal privilege. 118 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.

SENATOR DEMUZIO

I understand we have another happy birthday person today. She's the Assistant Secretary of the Senate. Linda Hawker is celebrating her twenty-ninth birthday.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Happy birthday, Madam Secretary. House Bill 2152. Senator Cullerton. House Bill 2157. Senator O'Malley. Madam Secretary, happy birthday again. Read the bill.

ACTING SECRETARY HAWKER

House Bill 2157. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR O'MALLEY

Thank you, Mr. President and Members of the Senate. House Bill 2157 amends the Pawnbroker Regulation Act. It provides that in Cook County - not statewide, but in Cook County - a pawnbroker's required record book be approved by the police department of the municipality where the pawnbroker does business, rather than by the -- the sheriff. This legislation is supported by the Illinois Sheriffs' Association and the Cook County Sheriff. Essentially what goes on in -- in the Chicago area is that -- that the City of Chicago actually does the -- the approving of their books as it is now and -- and the Sheriff doesn't. So this would conform with the actually practice in Cook County. Be happy to answer any questions there might be.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 2157 pass. All those in favor will vote Aye. Opposed will 119 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And House Bill 2157, having received the required constitutional majority, is declared passed. House Bill 2161. Senator Klemm. Senator Klemm. House Bill 2164. Senator Mahar. On the top of page 16 of your regular Calendars, in the Order of House Bills 3rd Reading, is House Bill 2171. Senator Maitland. House Bill 2178. Senator Donahue. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 2178. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahue.

SENATOR DONAHUE

Well, thank you very much, Mr. President, Ladies and Gentlemen of the Senate. What House Bill 2178 does is it creates a fund that operates -- will continue to operate the database for the State Police, and it's called the LEADS Maintenance Fund. It raises a number of different fees associated with it, but it continuously funds this important database. Be glad to go through what the fees are, if you all so wish, but I don't know of any opposition and so I would be happy to answer any questions.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 2178 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, 1 Nay, none voting Present. And House Bill 2178, having received the required constitutional majority, is declared passed. House Bill 2201. Senator 120 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Fitzgerald. House Bill 2209. Senator Petka. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 2209. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.

SENATOR PETKA

Thank you very much, Mr. President and Members of the Senate. Almost two years ago, legislation was placed on the books in connection with setting up the Joliet Arsenal Development Authority. Because of negotiations that have been ongoing between the Governor's Office and various interested parties, the administration has given me suggested modifications to the original Act. That is what is embodied in House Bill 2209 with the amendments. But it basically begins the -- the process towards making the Joliet Arsenal Authority a viable entity. I would urge its adoption.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 2209 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, 2 Nays, 1 voting Present. And House Bill 2209, having received the required constitutional majority, is declared passed. House Bill 2210. Senator O'Malley. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 2210. (Secretary reads title of bill) 3rd Reading of the bill. 121 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR O'MALLEY

May 13, 1997 Thank you, Mr. President, Members of the Senate. House Bill 2210 amends numerous Sections of the Uniform (Disposition of) Unclaimed Property Act by adding sole proprietorships, limited liability companies, not-for-profit organizations, financial organizations, public agencies and mutual funds to those entities required to make annual unclaimed property reports to the Department of Financial Institution. This bill broadens the scope of entities and property covered and makes clean-up changes to the Act. Be happy to answer any questions there may be, but I would request your support as well.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 2210 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes 58 Ayes, no Nays, none voting Present. And House Bill 2210, having received the required constitutional majority, is declared passed. House Bill 2211. Senator O'Malley. House Bill 2214. Senator Karpiel. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 2214. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel.

SENATOR KARPIEL

Thank you, Mr. President. Committee Amendment No. 1 to House Bill 2214 becomes the bill. And what it does, it implements phase 122 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 two of the Kerr-McGee/West Chicago cleanup. As many of you may remember, several years ago I passed a bill that created a storage fee mandated a storage fee on thorium mill tailings. There's about one million cubic feet of thorium mill tailings on a factory site in West Chicago, and the bill was an impetus to Kerr-McGee to either clean it up or they would be paying a storage fee. They decided to clean it up. This, basically, repeals that legislation or changes that legislation. They have been very cooperative. This is an agreement between Kerr-McGee, the City of West Chicago, the Attorney General's Office, the Department of Nuclear Safety. All involved are on board with this. They've done a wonderful job of cleaning it up. I hope it's my last Kerr-McGee bill. And, at some point in time, I would like to invite you out to West Chicago to this factory site which, believe it or not, is going to be become a a park and might be model might be a model for the entire country on what to do with hazardous waste. And I ask for your Aye vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR WELCH

I have a I have a question of the sponsor.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR WELCH

Senator, how many years have you been chasing Kerr-McGee? It seems like you've had these for the last ten years.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel.

SENATOR KARPIEL

Well, I've probably been involved for about ten years, but it was going on before that. And we we had to go through all kinds of steps and all kinds of things that had to we had to 123 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 put in place before we could actually -- first of all, before the State could get the authority to do anything on that site. And you were very instrumental in that and helpful, and I haven't forgotten that, and everybody in the State -- the Attorney General's Office, Department of Nuclear Safety, the Governor's Office. This has gone through a couple of Governors, a couple of Attorneys General, several mayors of West Chicago. Just all kinds of people have been very helpful and I'm hopeful that this is the last piece.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR FAWELL

Will the sponsor yield for a question?

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR FAWELL

Senator Karpiel, I understand that they are planning on putting a statue of you and former Representative Don Hensel. Will this statue glow in the dark for the next thousand years?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is, shall House Bill 2214 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 2214, having received the required constitutional majority, is declared passed. House Bill 2215. Senator Dillard. Senator Dillard. House Bill 2223. Senator Myers. I beg your pardon. Senator Fitzgerald. Senator Fitzgerald. House Bill 2225. Senator Geo-Karis. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 2225. 124 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR GEO-KARIS

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the omnibus bill for the Department of Veterans' Affairs. Some provisions are to comply with the Auditor General findings or to implement the Illinois Veterans' Leadership Program and the Veterans' Transitional Assistance Program. And it allows the Department of Veterans' Affairs to make and receive grants, subject to appropriation, for programs for the general benefit of veterans beyond those of the Illinois Veterans Homes. Deletes provisions concerning grants for the cost of erecting the Korean War Memorial, because that's already been collected, so it's not necessary anymore. Provides that if there's a conflict between the Department of Veterans' Affairs Act and the Nursing Home Care Act concerning an Illinois Veterans Home not operated by the Department of Veterans' Affairs, then the provisions of the Nursing Home Care Act shall apply, and this provides for -- amends the Nursing (Home) Care Act for that purpose. And it amends the State Finance Act to provide that they may make medical payments from the Department's current appropriations for medical services rendered in a prior fiscal year. And I ask for its favorable...

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 2225 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And House Bill 2225, having received the required constitutional majority, is declared passed. House Bill 2226. Senator Thomas 125 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day Walsh. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 2226. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER

(SENATOR DUDYCZ) Senator Thomas Walsh.

SENATOR T. WALSH

May 13, 1997 Thank you, Mr. President. This legislation amends Sections of the Insurance Code, including proposals which deal with insurance companies' ability to raise capital; company requirements for reporting transactions to the Director; standards for development and approval of transactions; statutory authority for the rehabilitator to prosecute actions against directors and officers of the company on behalf of creditors, members, policyholders and shareholders of the company; language to amend the regulation of a insurance of securities in the conversion of the mutual company to a stock company; codification of the role of a producer as an agent of a premium insurance finance company when accepting commercially financed premiums for forwarding to insurance; and shortening the length of time from five to three years for the conversion of religious and charitable trusts to insurance companies. This is from the Department of Insurance. It's all agreed-upon language and I don't think that there's any opposition. I'd be happy to answer any questions.

PRESIDING OFFICER

(SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 2226 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And House Bill 2226, having received the required constitutional 126 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 majority, is declared passed. With leave -- previously we had leave of the Body to be able to return to several bills that were sponsored by the Presiding Officer at the time. If you turn your Calendars to page 3 of your regular Calendar, in the Order of House Bills 3rd Reading is House Bill 127. Senator Geo-Karis. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 127. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR GEO-KARIS

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill amends the Firearms Owners Identification Card Act by prohibiting those convicted of domestic battery from ever possessing a firearm legally. It's similar to a federal Statute, and we amended it to make it prospective. And I ask for its favorable consideration.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 127 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. And House Bill 127, having received the required constitutional majority, is declared passed. On the bottom of page 3 of your regular Calendar, in the Order of House Bills 3rd Reading, is House Bill 231. Senator Geo-Karis. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 231. 127 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR GEO-KARIS

Mr. President, Ladies and Gentlemen of the Senate, this bill amends the Plat Act to require an owner of land to -- to file a notarized statement indicating, to the best of the owner's knowledge, the school district in which each tract, parcel, or lot or block lies when they're subdividing it, if it's subdivided in two or more parts, any of which is less than five acres. And this, at least, will give an idea on the records as to -- to new home buyers as to where the school district is -- which school district it will be -- is the one to which they will be moving. I ask for favorable consideration.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR CULLERTON

Will the sponsor yield?

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR CULLERTON

Senator, was this bill ever amended SO as to address the concerns of the Land Surveyors Association?

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR GEO-KARIS

The Land Surveyors never talked to me about this bill. The only one who was opposing that bill was the Land Title Association. And I think this is a good bill because there are some real estate salesmen are -- tell people that you're in X school district when they're not in X school district, and people 128 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 buy their houses accordingly. So this is to prevent any things like that happening.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton.

SENATOR CULLERTON

So the Land Title Association is still opposed to the bill? Maybe you could tell me why they're opposed to it.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR GEO-KARIS

Because they don't like the bill, but that doesn't mean they're right. And I -- and I ask for favorable consideration.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR BOWLES

Thank you, Mr. President. Excellent explanation and reason for supporting the bill. I rise in support of this bill. I've had the same experience as Senator Geo-Karis has had, in that the proper school district was not indicated during the transfer of a piece of property. People assumed that they were being told factually what school district the property was in, and they find out after the transaction was closed that it was not proper. I -- I would support a Yes vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR GEO-KARIS

Just a favorable vote, Ladies and Gentlemen.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 291 -- 231 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 129 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 57 Ayes, no Nays, 1 voting Present. And House Bill 231, having received the required constitutional majority, is declared passed. Middle of page 4 of your regular Calendar, in the Order of House Bills 3rd Reading, is House Bill 271. Senator Geo-Karis. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 271. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR GEO-KARIS

Mr. President, Ladies and Gentlemen of the Senate, this is the same language that we passed in Senate Bill 1044, and it provides that no person operating an ATM terminal shall impose a surcharge on a consumer for the use of that terminal unless the surcharge is disclosed to the consumer by terminal signage and electronic posting on the screen allowing the customer to cancel a transaction before the transaction proceeds. This is a good consumers bill. It's exactly like the one that went out of the Senate. I ask for favorable consideration.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 271 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, 1 voting Present. And House Bill 271, having received the required constitutional majority, is declared passed. If you turn your Calendars to page 7 of your regular Calendar, on -- in the middle of the page, in the Order of House Bills 3rd Reading, is House Bill 723. Senator Geo-Karis. Madam Secretary, read the bill. 130 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT

ACTING SECRETARY HAWKER

House Bill 723. (Secretary reads title of bill) May 13, 1997 3rd Reading of the bill.

PRESIDING OFFICER

(SENATOR DUDYCZ) Senator Geo-Karis.

SENATOR GEO-KARIS

Mr. President, Ladies and Gentlemen of the Senate, this bill amends the Code of Corrections establishing a pilot program in Cook, DuPage, Lake, Kane and Will Counties for parole of juvenile offenders. It's supported by the TASC force, DOC and DASA and TASC. The Department of Corrections and DASA are neutral. I ask for favorable consideration. a This bill creates pilot program for six years to place selected juveniles paroled from Department of Corrections into a case-managed supervision.

PRESIDING OFFICER

(SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 723 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And House Bill 723, having received the required constitutional majority, is declared passed. In the Order of House Bills 3rd Reading, turn your Calendars to the middle of page 8. House Bill -- House Bill 891. Senator Geo-Karis. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 891. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Karis. 131 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

SENATOR GEO-KARIS

Mr. President and -- and Ladies and Gentlemen of the Senate, House Bill 891 amends the Illinois Certified Shorthand Reporters Act to allowed -- to allow certified shorthand reporters to hold attorneys, firms and other entities personally responsible for payment of shorthand reporting services. There are some attorneys, I regret to say, and I'm an attorney, who don't follow -- they don't pay their bills to the -- the shorthand reporters and they're stuck. And it's -- it's -- they -- the reporters should be able to get it from the ones who benefit from their reporting. Therefore, I ask for favorable consideration.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 891 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And House Bill 891, having received the required constitutional majority, is declared passed. Senator Butler, what purpose do you rise?

SENATOR BUTLER

Thank you, I would like the record to reflect that I would intended to vote Yes on House Bill 1327.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Record shall SO reflect. If you turn your Calendars to the bottom of page 16, we will be going to the Order of House Bills 2nd Reading. House Bills 2nd Reading. In the Order of House Bills 2nd Reading, at the bottom of page 16, is House Bills -- House Bill 23. Senator Parker. House Bill 50. Senator Klemm. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 50. 132 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Amendment No. 1.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the top of page 17, in the Order of House Bills 2nd Reading, is House Bill 56. Senator Karpiel. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 56. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 66. Senator Karpiel. House Bill 70. Senator Dillard. House Bill 110. Senator Bomke. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 110. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 131. Senator Rauschenberger. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 131. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 133 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 3rd Reading. House Bill 165. Mr. Secretary, read the bill. 165.

Harry (surname or first name uncertain)

...Bill 165. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

Harry (surname or first name uncertain)

No further amendments reported, Mr. President.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senator Demuzio, what... Senate -- or, House Bill 165. Senator Karpiel. I beg your pardon. House Bill 190. Senator Watson. Senator Watson. House Bill 223. Senator Madigan. House Bill 228. Senator Lauzen. House Bill 260. Senator Maitland. Senator Maitland. House Bill 274. Senator Thomas Walsh. House Bill 282. Senator Sieben. Senator Sieben. House Bill 310. Senator Lauzen. House Bill 353. Senator Rauschenberger. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 353. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the top of page 18, in the Order of House Bills 2nd Reading, is House. Bill 449. Senator Cronin. House Bill 470. Senator Rauschenberger. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 470. (Secretary reads title of bill) 134 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Are there any Floor amendments that have been approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 475. Senator Rauschenberger. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 475. (Secretary reads title of bill) The Committee on Executive adopted Amendment No. 1.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 483. Senator Luechtefeld. Senator Luechtefeld. House Bill 522. Senator Sieben. Senator Sieben. House Bill 528. Senator Peterson. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 528. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. 1.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Are there any Floor amendments that have been approved for consideration?

Harry (surname or first name uncertain)

135 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) May 13, 1997 3rd Reading. House Bill 558. Senator Bomke. Senator Bomke. House Bill 574. Senator Petka. House Bill 586. Senator Madigan. Senator Madigan? House Bill 593. Senator Madigan. House Bill 652. Senator Rauschenberger. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 652. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Are there any Floor amendments that have been approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 674. Senator Sieben. Senator Sieben. House Bill 679. Senator Walsh. Thomas Walsh. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 679. (Secretary reads title of bill). 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 689. Senator Burzynski. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 689.. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On -- on the top of page 19 of your regular 136 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 Calendar, in the Order of House Bills 2nd Reading, is House Bill 740. Senator Watson. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 740. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendment No. 1.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Are there any Floor amendments that have been approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 898. Senator Maitland. Senator Maitland. House Bill 918. Senator Maitland. House Bill 922. Senator Thomas Walsh. House Bill 940. Senator Watson. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 940. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 994. Senator O'Daniel. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 994. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading -- have there been any Floor amendments that have been approved for consideration?

Harry (surname or first name uncertain)

137 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 995. Senator Hawkinson. Out of the record. House Bill 1029. Senator Link. Senator Link. House Bill 1101. Senator Hawkinson. Out of the record. House Bill 1117. Senator Molaro. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1117. (Secretary reads title of bill) 2nd Reading of the bill. There were no committee amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Are there any Floor amendments that have been approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1119. Senator Jacobs. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1119. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1141. Senator Bowles. Senator Bowles. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1141. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Out of the record. Top of page 20 of your regular Calendars, 138 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day in the Order of House Bills 2nd Reading, is House Bill 1142. Senator Jones. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

May 13, 1997 House Bill 1142. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance and Pensions adopted Amendment No. 1.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Are there any Floor amendments that have have been approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1151. Senator Cullerton. Senator Cullerton. House Bill 1197. Senator Clayborne. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1197. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendment No. 1.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Are there any Floor amendments that have been approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1230. Senator Luechtefeld. Senator Luechtefeld. House Bill 1268. Senator Shaw. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1268. 139 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day (Secretary reads title of bill) May 13, 1997 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1269. Senator Shaw. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1269. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1345. Senator Madigan. Senator Madigan. House Bill 1373. Senator Sieben. Senator Sieben. House Bill 1428. Senator Berman. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1428. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1513. Senator Clayborne. House Bill 1526. Senator Watson. House Bill 1550. Senator Jones. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1550. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1577. Senator Thomas Walsh. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1577. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. 140 47th Legislative Day

PRESIDING OFFICER

STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT (SENATOR DUDYCZ) May 13, 1997 3rd Reading. House Bill 1589. Senator Farley. Senator Farley. On top of page 21 of your regular Calendars, in the Order of House Bills 2nd Reading, is House Bill 1612. Senator Parker. House Bill 1664. Senator Sieben. Senator Sieben. House Bill 1668. Senator Bowles. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1668. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1702. Senator Berman. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1702. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendment No. 1.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Are there any Floor amendments that have been -- have been approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1736. Senator Shaw. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 1736. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill -- 1817. Senator Watson. Read the 141 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1817. (Secretary reads title of bill) May 13, 1997 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1881. Senator Madigan. Senator Madigan. House Bill 2147. Senator Obama. Senator Obama. ...your Calendars to the middle of page 17, in the Order of House Bills 2nd Reading. House Bill 190. Senator Watson. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 190. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendments 1 and 2.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Are there any Floor amendments that have been approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Mr. Secretary, have there been any motions filed?

Harry (surname or first name uncertain)

Yes, Mr. President. Senator Karpiel has filed a motion with respect to House Bill 1174.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Mr. Secretary, the Chair requests that these -- that this motion be printed on the Calendar. So ordered. Senator Obama, what purpose do you rise?

SENATOR OBAMA

142 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 Yes, Mr. President. I was off the Floor and I was wondering if we were going to go back on 2nd Reading. I'd -- I'd ask the Body for 2147. Move it from 2nd to 3rd.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) If you turn your Calendars to the middle of page 21, in the Order of House Bills 2nd Reading is House Bill 2147. Senator Obama. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 2147. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. We'll now go to Executive Session for the purpose of advise and consent. Mr. Secretary, Committee Reports.

Harry (surname or first name uncertain)

Senator Petka, Chair of the Committee on Executive Appointments to which was referred the Governor's Message of January 29th, 1997, reported the same back with the recommendation that the Senate advise and consent to the following appointments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.

SENATOR PETKA

Thank you very much, Mr. President, Members of the Senate. I move the Senate resolve itself into Executive Session for the purpose of acting on the Governor's appointments set forth in his Message of January the 29th.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) You've heard the motion. All in favor, say Aye. Opposed, Nay. The motion carries. We are in Executive Session. Senator Petka.

SENATOR PETKA

Thank you again, Mr. President. With respect to the 143 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Governor's Message of January 29th, I will read the salaried appointments to which the Senate Committee on Executive Appointments recommends that the Senate do advise and consent: To be Director (sic) of the Department of Human Services for a term ending January 18th, 1999, Howard Peters, III. To be Director of the Department of Corrections for a term ending January 18th, 1999, Odie Washington. To be the Director of the Department of State Police for a term ending January 18th, 1999, Terrance W. Gainer. Mr. President, having read the salaried appointments of January 29th, I now seek leave to consider these appointments on a roll call. And, Mr. President, will you put this question as required by our rules?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, does the Senate advise and consent to the nominations just made. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And the majority of Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Senator Petka.

SENATOR PETKA

Thank you very much, Mr. President. I move that the Senate arise from Executive Session.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) You've heard the motion. All those in favor, say Aye. Opposed, Nay. The motion carries. ...Demuzio, what purpose do you rise?

SENATOR DEMUZIO

A matter of inquiry, Mr. President. Can you -- for the edification of the Members, where are we going and what are we 144 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day going to be doing for the remainder of the afternoon?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) We're determining that currently. We'll -- we'll get back to you in a second. Resolutions.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senate Joint Resolution 38, offered by Senator Lauzen. And Senate Joint Resolution 39, offered by Senators Farley, Severns and others. They're both substantive, Mr. President.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio, in response to your question, we are currently waiting for Supplemental Calendar No. 1, which will be out shortly. On your Calendars have been distributed Supplemental Calendar -- on your desks have been distributed Supplemental Calendar No. 1. Senator Karpiel has made a motion on House Bill 1174 -- filed a motion on House Bill 1174. Mr. Secretary, read the motion.

Harry (surname or first name uncertain)

Having voted on the prevailing side, I move to reconsider the vote by which House Bill 1174 was passed. Filed by Senator Karpiel.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel.

SENATOR KARPIEL

Thank you, Mr. President. In my -- in my haste to pass this wonderful bill, I neglected to put the amendment on which makes the bill do what I said the bill does. And so I need to bring it back to 2nd to put an amendment on.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Having voted on the prevailing side, Senator Karpiel has moved to reconsider the vote by which House Bill 1174 was passed. Is there any discussion? Senator Demuzio. 145 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

SENATOR DEMUZIO

Senator, this goes to show you we trusted what you said.

PRESIDING OFFICER

(SENATOR DUDYCZ) All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 53 voting Aye, none voting Nay, none voting Present. And the motion carries, and the bill will be on 3rd Calendar tomorrow -- 3rd Reading. If you turn to the middle of page 25 of your regular Calendars, we will be going to the Order of Secretary's Desk, Resolutions. Senate Resolution 20. Senator del Valle. Senator del Valle. Senate Resolution -- Mr. Secretary, read the resolution.

Harry (surname or first name uncertain)

...Resolution 20, offered by Senator del Valle. There were no committee or Floor amendments, Mr. President.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator del Valle.

SENATOR DEL VALLE

Thank you, Mr. President. This resolution urges the Illinois Department of Public Aid to immediately ban door-to-door marketing of HMOS. There have been a couple of studies conducted and a number of reports issued documenting abuses of door-to-door marketing. The Department of Public Aid, under MediPlan Plus, will be banning door-to-door marketing once that takes effect. What this resolution does is it urges IDPA to move that ban up a little closer to -- to today.

PRESIDING OFFICER

(SENATOR DUDYCZ) Is there any discussion? If not, all those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 Ayes, no 146 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT Nays, and none voting Present. And the resolution is adopted. Senate Resolution 48. Senator Lauzen. Mr. Secretary, read the resolution.

Harry (surname or first name uncertain)

Senate Resolution 48, offered by Senator Lauzen. No committee or Floor amendments, Mr. President.

PRESIDING OFFICER

(SENATOR DUDYCZ) Senator Lauzen.

SENATOR LAUZEN

Thank you, Mr. President. This -- Senate Resolution 48 is -- requests the Governor proclaim the week of October 5th through 12th of 1997 as Respect Life Week in Illinois. This is the same resolution that we've passed, I believe it's the last five years in a row.

PRESIDING OFFICER

(SENATOR DUDYCZ) Is there any discussion? If not, all those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 45 Ayes, no Nays, none voting Present. And the resolution is adopted. Senate Resolution 53. Senator Myers. Mr. Secretary, read the resolution.

Harry (surname or first name uncertain)

Senate Resolution 53, offered by Senator Myers and others. No committee or Floor amendments.

PRESIDING OFFICER

(SENATOR DUDYCZ) Senator Myers.

SENATOR MYERS

This resolution urges the United States Environmental Protection Agency to refrain from tightening the standards for ozone and fine particulate matter without, one, conducting additional health and scientific studies that support the proposed 147 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 standards and, two, thoroughly measuring the economic consequences of the proposed standards. And I would urge a positive vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, all those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. And the resolution is adopted. Senate Resolution 60. Senator Syverson. Mr. Secretary, read the resolution.

Harry (surname or first name uncertain)

Senate Resolution 60, offered by Senator Syverson. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.

SENATOR SYVERSON

...Mr. President. Senate Resolution 60 urges the President and the Congress to request that the National Institute of Standards and Technology look closely on the new regulations they're planning to put in place in the fastener industry. This could cost a lot of jobs in America, plus drive the cost of vehicles up. Would ask for a favorable roll call.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR WELCH

I just had a question of the sponsor.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR WELCH

Not sure I understand. This is the National Institute of Standard and Technology. What -- what standards are they setting that -- that you want to have them stop setting? 148 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.

SENATOR SYVERSON

It's not any standard we're trying to ask them. We're asking them to rethink the double proposal that they put in place, which is old and archaic. We think there should be important standards put into place. The one they're suggesting that to -- the one that they're suggesting to put in place is very onerous on business and would not get the same ends that can be -- can be achieved with another system. We believe that this is going to cost a lot of jobs in the United States and drive a lot of fastener business overseas, which is -- which would be a disaster to Illinois, which is one of the major fastener manufacturers in the country.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator -- Senator Walsh -- Welch.

SENATOR WELCH

Well, I heard what you said, but what standard are they setting for -- for where the clothes are manufactured or -- or the sewing, or what -- I'm not sure I -- I don't understand exactly what standard they set that you don't like.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.

SENATOR SYVERSON

It's new testing procedures that they want to put into place. There's already testing procedures in place that were enacted some years ago. They're trying to put in a secondary system so there'd be a dual testing system.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR COLLINS

Senator, if -- if I can recall, were there some amendments 149 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 that you were to put on this bill in committee -- I mean, after it get to the Floor?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson.

SENATOR SYVERSON

Not that I know of. I think we just wanted to clarify what the intent of this resolution was, and I -- I hopefully did that in my comments.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR COLLINS

I'm sorry, I -- I still didn't see anything -- I didn't hear anything that -- that clarified it and I apologize because when the bill first -- when you first -- I was in -- wasn't at my desk at the time and I didn't quite hear how -- that you clarified. Because I'm not too sure and the committee Members on my side at the time were not too sure of just what you were trying to do here.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? I don't -- was that a question, ma'am? Senator Syverson.

SENATOR SYVERSON

What we're trying to clarify is they are putting new standards -- they're trying to put new standards into place in this upcoming year. We already have standards in place that have been put into place in the last few years, which have tightened up on the regulations, which have made the fastener industry much more responsible than it has been in the past, or the concerns that were raised, at least, in the past. What the federal government now is trying to do is put in additional standards, which industry feels is very onerous, which is going to drive up the cost of manufacturing considerably. In fact, it's estimated it could add 150 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 at least three hundred dollars additional to a cost of a vehicle. The new tests that are already in place are enough to suffice to prove that the quality of fasteners are there. To add additional burdensome tests on the manufacturers would become very difficult and expensive for United States fasteners, many of those companies in Illinois who are trying to compete with overseas markets.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Collins.

SENATOR COLLINS

Are these fasteners also used on airplanes?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson.

SENATOR SYVERSON

Can you re-ask that?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Collins.

SENATOR COLLINS

Aren't these fasteners also used on airplanes?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson.

SENATOR SYVERSON

Fasteners are used on just about everything, including airplanes.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Collins.

SENATOR COLLINS

Absolutely. I don't think, Senator, that this Body ought to be getting involved and especially at a time when we are experiencing more crashes -- airplane crashes and -- and -- and as the country move toward more safer vehicles -- automobile, vehicles of all sort -- that we ought to be in Illinois asking the Congress not to -- not to explore more regulations that would ensure safety 151 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 as it relates to fasteners. I just don't see why we're doing this and I'd like to know from you who wants this bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson.

SENATOR SYVERSON

We're not asking, in any way, shape or form, that the quality of the fasteners be changed. There should be a high-quality standard, because fasteners obviously are important. What we're asking for is that the onerous duplications of tests that are very expensive need to be altered or changed. We -- testing is important, and testing should continue. But to have an expensive dual system is what's driving the cost, or going to drive the cost for fasteners up. This is coming forward by not only the manufacturers, but the fastener industry, who has to compete with the international markets who, in many cases, are not abiding by these same rules. And we have lost SO much fastener business overseas that we cannot afford, especially in Illinois, to lose these good, high-skilled jobs that our State has.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Collins.

SENATOR COLLINS

Well, thank you, Mr. President and Members of the Body. I still think that this is something that we are not qualified to do. We should not be doing it, although it's just a resolution asking Congress to do so. But I would hope that if this resolution passed that they -- common sense will prevail in Congress and that they do not interfere, as we attempt to make traffic -- air traffic and automobiles and farm equipment safer and advance with technology. I don't think a Body like this is capable of saying how many tests or how often should it be tested. What we have to do is find other ways to keep these manufacturers from moving to other countries. So I just think this is a bad 152 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day idea and I would hope you'd vote No.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR JONES

May 13, 1997 Yeah. Thank you, Mr. President. Will the sponsor yield?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR JONES

Senator Syverson, could you tell the Body where these fasteners are used on -- yeah. Well, I don't want to be redundant, but they are used on airplanes. Am I correct?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson.

SENATOR SYVERSON

That's correct.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones.

SENATOR JONES

When they run these tests, like stress tests, for example -- I know you've flown on planes, and those little round bolts, be it holding the engine on the plane, or you see them on the wings and the body, are these the type of fasteners that we're talking about?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson.

SENATOR SYVERSON

Yes, we are.

SENATOR JONES

Well...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones.

SENATOR JONES

153 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 In addressing the resolution, I think Members from both sides of the aisle should look at this very carefully. As a Body, for us to be involved in whether or not tests should be conducted and how many times tests should be conducted, I don't think we are in that position. And I think it's wrong for us to try to memorialize Congress or the President as it relate to the safety of people who ride on airplanes or will be riding in automobiles. When you get on one of those planes, you look out that window and you see those little round bolts, or fasteners, as you may want to call them that. Those fasteners have to be tested and retested to make sure that they can withstand the proper stress that may be placed on them. When the engine fall off a plane, as it has on many occasions, it goes back to these fasteners. And for us to be sitting here voting on whether or how many tests should be made, is something that I don't think we should be involved in. I think the regulatory agency that deals with these types of issues should be the one. I, for one, do not want my name on any resolution going to Congress saying that we're going to require that they be tested less than one time. In many instances, it may be the test should be ten times. So, Mr. -- Mr. Mr. President, if there's a vote on this, I want a roll call vote on this. Because I don't think we should be out here telling the American people, the people of the State of Illinois, that these fasteners should not be tested twice because it may cost more money. We're talking about the safety of the public. We're talking about safety when you're riding on an airplane, and we should not be caught in that position, voting on this issue, and I -- and I request that we vote No on this resolution. And I request a roll call vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) You will get that, Senator. Any further discussion? Any further discussion? If not, Senator Syverson, to close.

SENATOR SYVERSON

154 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Thank you, Mr. President. Let me make it clear that we're not talking about changing the stress tests. We're not talking about reducing the quality of fasteners. No one is a stronger supporter of tight restrictions on fasteners than I am, or the industry. They know we have to have quality fasteners. What we are talking about is new encompassing rules that they're putting into place, which current companies are going to have to hire additional people. Labs will have to be set up to duplicate tests that are already being done. Why duplicate the same tests over and over? If the current test that were already in place and were good enough for Congress a few years ago, if those aren't good enough, let's go back and change it. But to offer dual testing of the same products doesn't make sense. It adds a lot of cost to consumers and it drives jobs overseas, which is not something that we need to be doing. So, for that reason, I would ask for a favorable roll call. END OF TAPE TAPE 4

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) ...Syverson moves the adoption of Senate Resolution 60. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 32 voting Yes, 19 voting No, 3 voting Present. Senate Resolution 60, having received the required constitutional majority, is declared adopted. There is a request for verification. Would all the Members please be in your seats? Verification has been asked. 155 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day Mr. Secretary, please read the affirmative vote.

Harry (surname or first name uncertain)

May 13, 1997 Following voted in the affirmative: Bomke, Bowles, Burzynski, Cronin, Dillard, Donahue, Dudycz, Fawell, Fitzgerald, Geo-Karis, Hawkinson, Karpiel, Klemm, Lauzen, Luechtefeld, Madigan, Mahar, Maitland, Myers, O'Malley, Parker, Peterson, Petka, Radogno, Rauschenberger, Sieben, Syverson, Lawrence Walsh, Thomas Walsh, Watson, Weaver, and Mr. President.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Collins, do you wish to question the presence of any Member?

SENATOR COLLINS

Senator O'Malley.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley? Senator O'Malley. Is O'Malley in the Chamber? If not, Mr. Secretary, strike his name.

SENATOR COLLINS

Is Senator Petka there? Yeah, he's there.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka is at his chair.

SENATOR COLLINS

That's it.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Do you question anyone else?

SENATOR COLLINS

That's it.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) On a verified roll -- on a verified roll call, the Ayes are 31, the Nays are 19, 3 voting Present. The resolution is adopted. House Joint Resolution No. 8. Senator Maitland. Mr. Secretary, please read the resolution.

Harry (surname or first name uncertain)

156 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 House Joint Resolution No. 8, offered by Senator Maitland. There are no committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.

SENATOR MAITLAND

Thank you very much, Mr. President. Members of the Senate, House Joint Resolution No. 8 establishes the Public Investor Task Force to review all Illinois public fund investment law and submit a report to the General Assembly by December 31 of this year. There have been a number of concerns, as many of you know, about some of the investment practices in both public and private investors over the past few months, and it is thought that the creation of this Investor Task Force to review our investment status would be a good thing. And I know of no opposition. Mr. President, I would seek the Body's support.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, the Senator Maitland moves the adoption of House Joint Resolution No. 8. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yes, no voting No, no voting Present. House Joint Resolution No. 8 is declared adopted. Senate Joint Resolution 22. Senator Dudycz. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

Senate Joint Resolution 22, offered by Senator Dudycz. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

SENATOR DUDYCZ

Thank you, Mr. President. Senate Joint Resolution 22 quite simply resolves that the Illinois General Assembly respectfully 157 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997 supports the law enforcement accreditation process. This is a noncontroversial resolution. It was requested by the various law enforcement agencies throughout the State, and I would ask everyone's support.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, Senator Dudycz moves for the adoption of Senate Joint Resolution 22. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yes, no voting No, no voting Present. Senate Joint Resolution 22 is declared adopted. Senate Joint Resolution 27. Senator Cronin. Out of the record. Senate Joint Resolution 28. Out of the record. This is Senate Bill 3rd Reading and we are on page 2. Third bill from the top of page 2. This is one of the bills that's under the deadline extension, is Senate Bill 77. We're on page 2, Senate Bills 3rd Reading. Senate Bill 77. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

Senate Bill 77. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) A joint request of Senator Lauzen and Senator Jacobs is that Senator Jacobs to explain the bill. Senator Jacobs.

SENATOR JACOBS

Thank you, Mr. President. First of all, let me say thank you to the Chair for getting back to this order of business and also for giving us the opportunity to extend the deadline. Senator Lauzen and I have been working together on a job training bill, one we think that has a lot of merit, that will have no cost on on the current budget, as it sits today, and it involves the 158 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 community colleges. And we are working with the Governor's Office and everyone else concerned with this. The language is not quite ready yet. This bill is now a vehicle. We'd like to move it out of here, get it over to the House, and come to a conference committee with what we hope will be agreed language with the Governor and everyone else on board and with the Commerce Committee giving a a nod of approval whenever it comes back here. And I would just ask for an Aye vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 77 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yes, no voting No, no voting Present. Senate Bill 77, having received the required constitutional majority, is declared passed. Senator Lauzen, for what purpose do you rise?

SENATOR LAUZEN

Thank you, Mr. President. Could we also reflect on the record to have the lead sponsor name be Senator Jacobs, and then I'd like to remain as a cosponsor, a hyphenated cosponsor.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) With leave of the Body, that request will be honored. Leave is granted. For all practical purposes, we have concluded our business for the day. There is a Rules Committee meeting that we would like to read into the record at a later point in time, so we're going to keep the Session open until that time. But that will be the only order of business that -- that takes place any further. Senator Burzynski, for what purpose do you rise?

SENATOR BURZYNSKI

Purpose of an announcement.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 159 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day Please proceed.

SENATOR BURZYNSKI

May 13, 1997 The Licensed Activities Committee meeting will be held in Room 400 at 4 o'clock today.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger, for what purpose do you rise?

SENATOR RAUSCHENBERGER

For purposes of an announcement. The Senate Appropriations Committee is posted and will go into hearing at 4 o'clock. Seeing as that we all have a little time, I would appreciate it if Members would be there as quickly as possible. We have a very extensive agenda. We have some conflicts tonight that I know people would like the opportunity to conclude our hearing and get out to. So if people could try to be there by ten to 4, so maybe we could shake them all up and start on time. I would appreciate it, everybody. Thank you.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) This, for all practical purposes, once again, concludes our business. We will keep the Session open for a Rules Report to be read in, and I'd just like to remind the Members that we will reconvene at 10 a.m. tomorrow morning. 10 a.m., tomorrow morning. Another announcement from Senator Sieben, or -- Senator Sieben.

SENATOR SIEBEN

Thank you, Mr. President. The Senate Ag Committee will meet this afternoon, so like to inform the Members of the Senate Ag Committee that we'll meet this afternoon in Room A-1 in the Stratton Office Building, and we expect it to be 5 o'clock. o'clock in A-1 this afternoon.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin, for what purpose do you rise?

SENATOR CRONIN

For purposes of an announcement. 5 160 47th Legislative Day STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT May 13, 1997

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Please proceed.

SENATOR CRONIN

The Senate Education Committee shall meet tomorrow morning at 8 a.m. At 8 a.m. in the morning. Not 8 a.m. in the afternoon. 8 a.m. in the morning, in Room 212.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) There being no further announcements -- Senator Geo-Karis, for what purpose do you rise?

SENATOR GEO-KARIS

Mr. President, I don't know if this has been asked of you as yet, because I've had interference here. But what time do we come in tomorrow?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) At 10 a.m., ma'am.

SENATOR GEO-KARIS

Thank you.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there anybody else that would like to make an announcement?

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR FAWELL

For the purpose of an announcement.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR FAWELL

The Transportation Committee will meet at 8 a.m., in Room 400, tomorrow morning, to hear some amendments.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Transportation Committee to meet at 8 a.m. tomorrow morning. Committee Reports.

Harry (surname or first name uncertain)

161 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 Senator Weaver, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned: Referred to the Committee on Agriculture and Conservation Senate Amendment 2 to House Bill 282, Amendment 1 to House Bill 674; to the Committee on Education Senate Amendments 1 and 2 to House Bill 689, Amendment 2 to House Bill 754, Amendment 1 to House Bill 1112, Amendments 1 and 2 to House Bill 1180, Amendment 2 to House Bill 1197, Amendments 1, 2, and 3 to House Bill 1526, Amendment 1 to Senate Joint Resolution 27, and Amendment 1 to Senate Joint Resolution 28; to the Committee on Environment and Energy Senate Amendment 2 to House Bill 470, Amendment 1 to House Bill 998, Amendment 2 to House Bill 1174, Amendment 1 to House Bill 1457, and Amendment 1 to House Bill 1493; to the Committee on Executive Amendment 1 to House Bill 679; to the Committee on Judiciary Amendment 2 to House Bill 379, Amendment 2 to House Bill 1029, Amendment 2 to House Bill 1140, Amendment 2 to House Bill 1141, Amendment 2 to House Bill 1254, Amendment 2 to House Bill 1337, Amendment 1 to House Bill 1373, and Amendment 1 to House Bill 1589; to the Committee on Licensed Activities Amendments 2 and 3 to House Bill 274, Amendment 1 to House Bill 522, Amendment 1 to House Bill 1215, Amendment 1 to House Bill 1664, and Amendment 1 to House Bill 2215; to the Committee on Local Government and Elections Amendment 1 to House Bill 468, Amendment 2 to House Bill 768, Amendments 1 and 2 to House Bill 1641, Amendment 1 to House Bill 1651, Amendment 2 to House Bill 1883, and Amendment 2 to House Bill 2161; to the Committee on Public Health and Welfare Amendment 1 to House Bill 447; to the Committee on Revenue Amendment 2 to House Bill 526, Amendment 3 to House Bill 1513; to the Committee on State Government Operations Amendment 1 to House Bill 1485; to the Committee on Transportation Senate Amendment 1 to House Bill 307, Amendment 1 to House Bill 748, Amendments 2 and 3 to House Bill on Transportation 162 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day May 13, 1997 844, Amendment 1 to House Bill 994; and Be Approved for Consideration - Amendment 1 to House Bill 108, Amendment 3 to House Bill 709, Amendment 1 to House Bill 1171, Amendment 1 to House Bill 1374, Amendment 2 to House Bill 1735, and Amendment 4 to House Bill 2164.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any further business to come before the Senate? If not, we'd like to welcome the School -- Albers School in Clinton County. Would you like to walk on into the Senate and take a seat, and we will adjourn the -- the Senate until Wednesday, May 14th, at 10 a.m. Welcome, Albers. 163 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY SENATE DAILY TRANSCRIPTION OF DEBATE INDEX 98/07/01 09:39:13 MAY 13, 1997 HB-0008 THIRD READING PAGE 2 HB-0028 THIRD READING PAGE 3 HB-0045 THIRD READING PAGE 5 HB-0050 SECOND READING PAGE 132 HB-0053 THIRD READING PAGE 5 HB-0056 SECOND READING PAGE 133 HB-0110 SECOND READING PAGE 133 HB-0127 THIRD READING PAGE 127 HB-0131 SECOND READING PAGE 133 HB-0155 THIRD READING PAGE 7 HB-0165 SECOND READING PAGE 134 HB-0182 THIRD READING PAGE 8 HB-0183 THIRD READING PAGE 9 HB-0190 SECOND READING PAGE 142 HB-0202 THIRD READING PAGE 10 HB-0218 THIRD READING PAGE 13 HB-0231 THIRD READING PAGE 127 HB-0232 THIRD READING PAGE 14 HB-0248 THIRD READING PAGE 15 HB-0251 THIRD READING PAGE 16 HB-0271 THIRD READING PAGE 130 HB-0306 THIRD READING PAGE 17 HB-0316 THIRD READING PAGE 18 HB-0320 THIRD READING PAGE 19 HB-0322 THIRD READING PAGE 20 HB-0353 SECOND READING PAGE 134 HB-0363 THIRD READING PAGE 21 HB-0367 THIRD READING PAGE 21 HB-0381 THIRD READING PAGE 22 HB-0382 THIRD READING PAGE 23 HB-0382 OTHER PAGE 24 HB-0382 OTHER PAGE 75 HB-0408 THIRD READING PAGE 24 HB-0437 THIRD READING PAGE 25 HB-0470 SECOND READING PAGE 134 HB-0472 THIRD READING PAGE 26 HB-0475 SECOND READING PAGE 135 HB-0489 THIRD READING PAGE 27 HB-0496 THIRD READING PAGE 27 HB-0513 THIRD READING PAGE 28 HB-0524 THIRD READING PAGE 29 HB-0528 SECOND READING PAGE 135 HB-0552 THIRD READING PAGE 30 HB-0557 THIRD READING PAGE 31 HB-0601 THIRD READING PAGE 32 HB-0604 THIRD READING PAGE 33 HB-0605 THIRD READING PAGE 34 HB-0606 THIRD READING PAGE 35 HB-0631 THIRD READING PAGE 36 HB-0635 THIRD READING PAGE 37 HB-0635 OUT OF RECORD PAGE 37 HB-0652 SECOND READING PAGE 136 HB-0661 THIRD READING PAGE 37 HB-0661 OTHER PAGE 45 HB-0678 THIRD READING PAGE 45 HB-0679 SECOND READING PAGE 136 HB-0689 SECOND READING PAGE 136 HB-0695 THIRD READING PAGE 46 HB-0707 THIRD READING PAGE 47 HB-0710 THIRD READING PAGE 48 HB-0723 THIRD READING PAGE 130 HB-0740 SECOND READING PAGE 137 HB-0741 THIRD READING PAGE 52 HB-0759 THIRD READING PAGE 54 REPORT: TIFLDAY PAGE: 002 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MAY 13, 1997 98/07/01 09:39:13 HB-0760 THIRD READING PAGE 55 HB-0820 THIRD READING PAGE 56 HB-0821 THIRD READING PAGE 56 HB-0891 THIRD READING PAGE 131 HB-0903 THIRD READING PAGE 58 HB-0908 THIRD READING PAGE 60 HB-0940 SECOND READING PAGE 137 HB-0951 THIRD READING PAGE 61 HB-0955 THIRD READING PAGE 67 HB-0977 THIRD READING PAGE 69 HB-0982 THIRD READING PAGE 70 HB-0994 SECOND READING PAGE 137 HB-1035 THIRD READING PAGE 70 HB-1048 THIRD READING PAGE 71 HB-1050 THIRD READING PAGE 74 HB-1076 THIRD READING PAGE 75 HB-1087 THIRD READING PAGE 77 HB-1117 SECOND READING PAGE 138 HB-1119 SECOND READING PAGE 138 HB-1141 SECOND READING PAGE 138 HB-1141 OUT OF RECORD PAGE 138 HB-1142 SECOND READING PAGE 139 HB-1168 THIRD READING PAGE 84 HB-1174 THIRD READING PAGE 85 HB-1174 MOTION PAGE 145 HB-1174 MOTION FILED PAGE 142 HB-1186 THIRD READING PAGE 85 HB-1188 THIRD READING PAGE 86 HB-1197 SECOND READING PAGE 139 HB-1210 THIRD READING PAGE 87 HB-1210 OUT OF RECORD PAGE 88 HB-1211 THIRD READING PAGE 88 HB-1229 THIRD READING PAGE 90 HB-1255 THIRD READING PAGE 91 HB-1266 THIRD READING PAGE 91 HB-1268 SECOND READING PAGE 139 HB-1269 SECOND READING PAGE 140 HB-1279 THIRD READING PAGE 93 HB-1283 THIRD READING PAGE 94 HB-1286 THIRD READING PAGE 95 HB-1294 THIRD READING PAGE 96 HB-1311 THIRD READING PAGE 97 HB-1327 THIRD READING PAGE 98 HB-1327 OTHER PAGE 132 HB-1332 THIRD READING PAGE 103 HB-1384 THIRD READING PAGE 105 HB-1386 THIRD READING PAGE 106 HB-1388 THIRD READING PAGE 106 HB-1397 THIRD READING PAGE 108 HB-1418 THIRD READING PAGE 108 HB-1428 SECOND READING PAGE 140 HB-1457 THIRD READING PAGE 109 HB-1457 OUT OF RECORD PAGE 110 HB-1506 THIRD READING PAGE 110 HB-1550 SECOND READING PAGE 140 HB-1565 THIRD READING PAGE 110 HB-1577 SECOND READING PAGE 140 HB-1585 THIRD READING PAGE 111 HB-1613 THIRD READING PAGE 112 HB-1618 THIRD READING PAGE 113 HB-1655 THIRD READING PAGE 114 HB-1668 SECOND READING PAGE 141 HB-1678 THIRD READING PAGE 115 HB-1680 THIRD READING PAGE 116 REPORT: TIFLDAY PAGE: 003 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MAY 13, 1997 HB-1702 SECOND READING 98/07/01 09:39:13 PAGE 141 HB-1736 SECOND READING HB-1817 SECOND READING HB-1880 THIRD READING PAGE 141 PAGE 141 PAGE 117 HB-2147 SECOND READING PAGE 143 HB-2150 THIRD READING PAGE 118 HB-2157 THIRD READING PAGE 119 HB-2178 THIRD READING PAGE 120 HB-2209 THIRD READING PAGE 121 HB-2210 THIRD READING PAGE 121 HB-2214 THIRD READING PAGE 122 HB-2225 THIRD READING PAGE 124 HB-2226 THIRD READING PAGE 125 SB-0077 THIRD READING PAGE 158 SR-0020 ADOPTED PAGE 146 SR-0048 ADOPTED PAGE 147 SR-0053 ADOPTED PAGE 147 SR-0060 ADOPTED PAGE 148 HJR-0008 ADOPTED PAGE 156 SJR-0022 ADOPTED PAGE 157 SJR-0038 RESOLUTION OFFERED PAGE 145 SJR-0039 RESOLUTION OFFERED SUBJECT MATTER PAGE 145 SENATE TO ORDER-SENATOR GEO-KARIS PAGE 1 PRAYER-THE REVEREND RITA NAFZIGER PAGE 1 PLEDGE OF ALLEGIANCE, LED BY SENATOR SIEBEN PAGE 1 JOURNALS-POSTPONED PAGE 1 MESSAGES FROM THE HOUSE PAGE 1 SENATE STANDS AT EASE PAGE 13 SENATE RECONVENES PAGE 13 COMMITTEE REPORTS PAGE 143 EXECUTIVE SESSION-APPOINTMENTS PAGE 143 ARISE FROM EXECUTIVE SESSION PAGE 144 COMMITTEE REPORTS PAGE 161 ADJOURNMENT PAGE 163