Illinois Senate Floor Debate — March 24, 1998

The regular Session of the 90th General Assembly will please come to order. Will the Members please be at their desks? And will our guests in the galleries please rise? Our prayer today will be given by Pastor Tom Radtkez Trinity Lutheran Church, Springfield, Illinois . Pastor Radtke .

(Prayer by Pastor Thomas Radtke)

Will you please rema in standing for the Pledge of A lleqiance? Senator Sieben .

(Pledge of Allegiance, 1ed by Senator Sieben)

We 've had a request from WclA-channel 3 to tape the proceedings and a request from the Reqister-Mail to photograph - still photos. Is leave granted? Leave is granted. Reading of the Journal .

Senate Journals of Wednesday , March 11th , and Thursday : March 12th , 1998 .

Senator Butler.

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

Senator Butler moves to approve the Journal just read. There being no objections, so ordered. Messages from the House.

Message from the House by Mr . Rossi , Clerk . 1  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day Ma rch 24, 1998 Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate , to Wit: House Bills 2295: 2315, 2411, 2424, 2446, 2474, 2492 and 2553 (sic) (2533). A 11 passed the Houser March l9# 1998 . PRESIDENT PHILIP : Senator Peterson, what purpose do you rise? SENATOR PETERSON : Thank you, Mr. President. I'd like to introduce a constituent of mine who lives in Barrington, Maria Rito, who is Miss Illinois American Preteen. And we'd like you to welcome her to the Illinois General Assembly and the Senate Chamber. PRESIDENT PHILIP : Will the Senate please recognize the Queen? Senator Demuzio, for what purpose do you rise? SENATOR DEMUZIO : Thank you , M r. President . Like for the reco rd to reflect that Senator Cullerton is not with us today, nor will he be here with us this week. He had a little operation last week, and so he's home recovering . PRESIDENT PHILIP : The -- the record Will so indicate. I hope hels doing well. Senator Geo-Karis , for what purpose do you rise? SENATOR GEO-KARIS : Mr . President and Ladies and Gentlemen of the Senate, Senator Kathleen Pa rker will not be here , because there was a death in her fam ily . PRESIDENT PHILIP : The record will so indicate. Messages. SECRETARY HAKRY : 2  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 A Message from the Secretary of State to the Secretary of the Senate, dated March 24thr 1998. This office is forwarding herewith copies of the Democratic Legislative Committee's Notice of Vacancy existinq in the office of Senator in the 90th General Assembly for the 51st Legislative District, as a result of the death of Penny Severns. Also enclosed is the Democratic Legislative Committee's Certificate of Appointment of Kevin Kehoe , 1202 Pineview Court, Decaturr to the offic: of State Senator in the 51st Legislative District, along with his Oath of Office. Yours truly , George H . Ryan, Secretary of State. A Message from the Minority Leader, dated March 24th, 1998. Dear Mr. Secretary - Pursuant to Senate Rule 3-5(c) of the Illinois State Senate of the 90th General Assembly, please be advised that Senator Arthur Berman will replace Senator John Cullerton on the Senate Rules Committee .

House Bills lst Reading .

House Bill 2295, offered by Senator Maitland . (Secretary reads title of bill) House Bill 2315, by Senator Sieben . (Secretary reads title of bill) Senator Mahar offers House Bill 2411. (Secretary reads title of bill) House Bill 2446, by Senator Maitland. (Secretary reads title of bill) And House Bill 2492, by Senator Sieben . (Secretary reads title of bill) lst Reading of the bills.

Ma# have your attention for one moment? And remind 3  STATE oF Isbzxozs 90Tn CENERAS AssEMgsx sR Es EG ae UL aAR TRs ass xsc sz Rz ow pm ' I . ë ! 87th Leqislative Day March 24, 1998 I 1 everybody that April 2nd is the last day for Senate bills to pass 1 the Senate. With that in mind, I hope that anybody that had any Ploor amendments would certainly have them filed wikh the Clerk as soon as possible. Quite frankly, I would like to get out April 1st, which would be April Fools' Day, which mlght be apropos in some cases. But I just Want to make that -- that notea And We're going to do 2nd and 3rd Readings today. We will do 2nd and 3rd Readings tomorrow. We only have a hundred and seventy-four bills. We ouqht to move 'em on and we miqht even get lucky this year and might adjourn before the adjournment. And I6m certainly for that. So# with that in mind, we will go to Senate Bills 2nd Reading. PRESIDING OFFICER: (SENATOR WATSON) We're on page 2 of the Calendar. Regular Calendar: paqe 2. Top of paqe 2. Senate Bills 2nd Reading . Senate Bill 743. Senator Pawell. Out of the record. Senator Dillard, on Senate Bill 1028. Senator Kirk Dillard. Out of khe record. Senate Bill 1210. Senator Syverson. Senator Dave Syverson in the house? Out of the record. Senate Bill 1215. Senator Carroll. Senator Howard Carroll. Out of the record. Senate Bill 1223. Senator Jones. Senator Emil Jones. Out of the record. Okay . Very good . He'd like to have the bill called r Mr. Secretary . SECRBTARY HARRY : Senate Bill 1223. (Seeretary reads title of bill) 2nd Reading of tbe bill. No committee or Floor amendments. PRESIDING OPFICER : (SENATOR WATSON) 3rd Reading. Senate Bill 1240. Senator Molaro. Senator Bob Molaro. 0ut of the record. Senator Pawell, on Senate Bill 1259. Out of the record. Senator Maitland, on Senate Bill 1265. Senator Maitland. 0ut of the record. Senator Mahar, on 1288. Read the bill, Mr. Secretary. SECRETARY NANRV : 4  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day Ma rch 24, 1998 ' Senate Bill 1288. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved fo r consideration?

No further amendments reported .

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senator Dudycz, on Senate Bill 1289 . Out of the record. Senator Peterson. 1290. Out of the record. Senator Stan Weaver. Please read the bill , Mr . Secretary .

Senate Bill 1292. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted two 1 l amendments .

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

No further amendments reported .

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Farley, on Senate Bill 1295. Senator l I Farley. Out of the Record. Senate Bill 1305. Senator Peterson. i I Senator Peterson . 1305. Please read the bill, Mr . Secretary .

Senate Bill 1305. (Secretary reads title of bill) 2nd Reading of the bill . No coM ittee or Floor amendments . PRESIDING OFFICER ) (SENATOR WATSON) ! 5  STATZ OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 Have there been any Floor amendments approved for ! consideration? j sscnsTaavHARRy: j ! No -- no further amendments reported, Mr. President. PRESIDINGOFFICER: (SENATORWATSON) 1 : Thank you. 3rd Reading. Senator Mahar, on Senate Bill 1306. ; Please read the bill, Mr. Secretary. SECRETARY HARRY : 1 SenateBill1306. l (Secretary reads title of bill) ! 2nd Reading of the bill. No committee or Floor amendments. : PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senator Peterson, on Senate Bill -- 1313. Read the bill, Mr. Secretary. SECRETARY HAQRY : Senate Bill 1313 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment. i PRESIDING OFFICER: (SENATOR WATSON) I 1 Have there been any Floor amendments ' approved for I ( consideration? I SECRETARY HARRV : i No further amendments reported. I PRESIDING OFFICER: (SENATOR WATSON) l 1 Senate Bill 1315. Senator Radogno. 3rd Reading on Senate l Bill 1313. Senator -- Senate Bill 1315. Please read the bill, I M r. Secretary . SECRETARY HARRY : I Senate Bill 1315. 1 (Secretary reads title of bill) i 2nd Reading of the bill . The Committee on Public Hea1th and 1 : 6 I .  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24r 1998 I Welfare adopted one amendment. ! PRESIDING OFFICER: (SENATOR WATSON) I Have there been any Floor amendments approved for i consideration? j SECRETARY WAQRY: I 1 No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senator Karpiel. Senate Bill 1326. Senator Karp iel . Out of the record . Senator Bowles , on 1328 . Evelyn Bowles . Out of the reco rd . Senakor Dudycz . 1335. Senator Dudycz. Out of the record. Senate Bill 1339. Senator Karpiel. Out of the record. Senate Bill 1347. Senator Sieben. Please read the bill, Mr. Secretary. SECRETARY NANRY : Senate Bill 1347. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government Operations adopted one amendment . PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments approved for ! 1 consideration? j I SECRETARY HARRY: I No further amendments reported. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senate Bill 1349 . Senator Peterson . Please read the bill , M r. Secreta ry . SECRETARY HAQRY : Senate Bill 1349 . (Secretary reads title of bill) 2nd Read ing of the bill . The Comm ittee on Revenue adopted Amendment No . 1. PRESIDING OFFICER: (SENATOR WATSON) k 1 7 : .  i STATE OF ILLINOIS 90TH GENERAL ASSEMBLX . REGULAR SESSION SENATE TRANSCRIPT . 87th begislative Day March 24, 1998 2 Have there been any Floor amendments approved for I consideration? SECRETARY HARRY : No further amendments reported . I I PRESIDING OPFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1350. Senator Myers. Please read the bill Mr. Secretary. , 1 I SECRETARV MADRX : Senate Bill 1350, (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER) (SENATOR WATSON) 3rd Reading. Senate 3i1l 1356. Senator Tom Walsh. Senator Tom Walsh. 0ut of the record. Can we hold it down a little bit? We dre having trouble hearing up here in front. Can we hold it dokn? Maybe take khe conferences off the Floor. Thank you. Senate Bill 1364. Senakor Klemm . Out of the record. Senate Bill 1365. Senator Bowles. Senator Evelyn Bowles. Out of the record. ' Senate Bill 1370. Senakor Garcia . Senator Garcia on the Ploor? Out of the record. Senate 3ill 1372. Senator Syverson. Please read khe bill, Mr. Secretary. SECRETARY WAQRV : Senate Bill 1372 . (Secretary reads tikle of bill) 2nd Readin: of khe bill. The Committee on Public Health and Welfare adopted one amendment. PRESIDING OFPICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration? SECRETARV HARRV : i NO further amendments reported. I l J PRESIDING OPFICER: (SENATOR WATSON) j l I I 8 I  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 3rd Reading . Senate Bill 1387. Senator Mahar. Senator i Mahar . Please read the bill, M r. Secretary . SECRETARY HAKRY : Senate Bill 1387. k (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment. PRESIDING OFFICER : (SENATOR WATSON) Have there been any Floor amendments approved for considerakion? 1 . SECRETARV NANRY : No further amendments reported. PRESIDING OFFICER : (SENATOR WATSON) 3rd Reading. Senator Maitland, on Senate Bill 1420. Senator i John Maitland. Out of the record. Senate Bill 1424. Senator Mahar. Senator Mahar. Please read the billr Mr. Secretary. SECRETARY HADRX : Senate Bill 1424. i (Secretary reads title of bill) 2nd Reading of the bill. No committee or Ploor amendments. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1426. Senator Bomke. Senator Bomke j i on the Floor? Out of the record . Senate Bill 1428 . Senator Luechtefeld. Out of the record. Moving on to page 4. Top of page 4. Senate Bill 1430. Senator Parker. Out of the record. E Senator Syverson wishes the bill to be called, a hyphenated j I cosponsor . M r. Secretary , p lease read the bill . SECRETARY HAIRY : Senate Bill 1430 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health and ' Welfare adopted one amendment. ! ' 9  STAQE OF ILLINOIS r 90TH GENERAL A SSEMBLY REGULAR SESSION SSNATE TRANSCR IPT 87th Legislative Day March 24 y 1998 PRESIDING OPFICER: (SBNATOR WATSON) i 1 Any Floor amendments approved for consideration? i I SECRETARY HANRY : No further amendments reported. PRESIDING OFFICER: (SENATOR WATSON) i 3rd Reading. Senate Bill 1451. Senator Maitland. Senator Maitland . Out of the record. Senate Bil1 1455. Senator Sieben. Out of the record. Senate Bill 1458. Senator Stan Weaver. Out of the record . Senate Bt11 1463. Senator Mahar. Out of the record. Senate Bi11 1475. Senator Karpiel. Senator Karpiel. Doris Karpiel, would you like Senake B$l1 1475 called? 0ut of the . record. Senate 3il1 1499. Senator Donahue. Senator Donahue. Ouk of the record . Senate Bi11 1500. Senator Luechtefeld . Out ' of the record. Senate Bill 1427 (sic) (1527). Senator Link. i Please read the bill, Mr. Secretary. ' SECRETARV HARRY: ! ! I senate Bill 1527. J I (Secretary reads title of bill) 2nd Readin: of the bill. The Committee on Revenue adopted one amendment . PRESIDING OFFICER: (SENATOR WATSON) Any Floor amendments approved for consideration? SECRETARR HARRY : No further amendments reported . PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senate Bill 1528. Senator O 'Malley . Pat O'Malley. Pleasereadthebill,Mr.Secret@ry. SECRETARY HAPRY: j 1 1 senate Bill 1528 1 . 1 i (Secretary reads title of bill) i h 2nd Reading of the bill. Tbe Committee on Pinancial Institutions adopted one amendment. 10 1 .  STATE OP ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998

PRESIDING OFFICER: (SENATOR WATSON) Any Floor amendments approved for consideration?

No further am endm ents reported .

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1544. Please read the billg Mr. Secretary .

Senate Bi11 1544. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1555. Senator Maitland. Senator John Maitland . Out of the record . Senate Bi11 1557. Senatot Cronin. Dan Cronin. Please read the bill, Mr. Secretary.

Senate Bill 1557. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No.

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

No further amendments reported .

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senate Bill 1561 . Senator Cronin . Please read the bill , M r. Secretary .

Senate Bill 1561. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. 11  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 87th Legislative Day March 24r 1998

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1565. With leave of the Body, we 'd like to go back to that Order of Business. Leave is granted . Senate Bill 1566. Senator Radogno. Out of the record. Top of page 5. Senate Bill 1567. Senator Mahar. Please read the bill, Mr . Secretary .

Senate Bill 1567 . lsecretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment.

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

No further amendments reported .

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1568. Senator Peterson. 1568, Senator . Read the bîll , Mr . Secretary .

Senate Bill 1568. (Secretary reads title of bill) 2nd Readinq of the bill . No comm ittee or Floor amendments reported .

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senate Bill 1585. Senator Karpiel . Out of the record . Senate Bill 1591 . Senator Parker. Senator Hawkinsong would you like to have -- you lre a hyphenated cosponsor, sir, of that bill of Senator Parker 's . Out of the record . Senate Bill 1592. Senator Maitland . Senator Maitland . Out of the record . Senate Bill 1593. Senator Karpiel. Out of the record. Senate Bill 1594. Senator Karpiel. Out of the record . Senate Bill 12  STATE 0F ILLINQIS 90TH GENERAL ASSEMBLY REGULAR SESSION SEXATE TRANSCRIPT 1 87th Legislative Day March 24r 1998 1 . 1602. Senator Molaro. Please read the bill, Mr. Secretary. i SECRETARY EARRY : Senate Bill 1602. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFPICER : (SENATOR WATSON) 3rd Reading . Senate Bill 1610 . Senator O 'Malley . Senator O'Malley. Out of the record. Senate Bill 1617. Senator Molaro. Please read the bill, Mr. Secretary . SECRETARV HANRY : Senate Bill 1617. (Secretary reads title of bill) 2nd Reading of tbe bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1622. Senator Judy Myers. Senator Myers on the Floor? Please read the bill, Mr. Secretary. SECRETARY HARRY : Senate Bill 1622. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment. PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments app roved for consideration? SECRETARV NANRX : No further amendments reported. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Jones. Senator Emil Jones, for what purpose do you rise, sir? SENATOR JONES: Yeah . Personal privilege , Mr. President . PRESIDING OFFICER: (SENATOR WATSON) 13  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 ïes. Please state your point.

Yeah . I'd like the Members of the Body to welcome our newesk Member, an attorney from Decatur, who is filling the vacancy by our esteemed colleague, Penny Severns. I want you to give a warm welcome to the 51st District Representative, Kevin Kehoe.

PRESIDING OFFICER : (SENATOR WATSON) Well, welcome to the Senate, Kevin. And the major question is, sir: Do you play softball? Senate Bill 1625. Senator Burzynski. Out of the record. Senate Bill 1628. Senator cullerton . 0ue of *he record . Senate Bill 1633. Senator Burzynski. Out of the record. Senate Bill 1664. Senator Cronin. Please read the bill, Mr. Secretary.

Senate Bill 1664 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted one amendment .

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

No further amendments reported.

PRESIDING QFFICER: (SEXATOR WATSON) Senate Bill *- I beg your pardon. 3rd Reading. Senate Bill 1698. Senator Shaw. Senator ShaW. Please read the bill, Mr. Secretary .

Senate Bill 1698 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Ploor amendments.

PRESIDING QFPICER: (SENATOR WATSON) 14  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGPLAR SESSION SENATE TRANSCRIPT 87th Legislakive Day March 24, 1998 3rd Reading. Senate Bill 1703. Senator Fawell. Out of the record. Senate Bill 1707. Senator Sieben. Please read the bill, Mr. Secretary .

. . . Bill 1707 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted one amendmenk.

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

No further amendments reported.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senate Bill 1709. Tom Walsh . Senator Tom Walsh . Out of the record . Senate Bi11 1750. Senator Lauzen . Is the Comptroller on the Floor? Senate Bill 1756. Senator Bowles. Senator Evelyn Bowles. Out of the record. Senate Bill 1833. Senator Syverson . Out of the record . Senate Bill 1834 . Senator Syverson. Out of the record. Senate Btll 1838. Senator Klemm . Senator Dick Klemm. Senator Klemm in the center aisle there. Sir, you 've got Senate Bill 1838 . Out of the record . Senate 9ill 1840 . Senator Rauschenberger. Senator Rauschenberger. Out of the record . Senator Lauzen, on Senake Bill 1844. Out of the record. Senaee 9ill 1853. Senator Trotter. Out of the record . Senaee Bill 1854. Senator Mahar. Bill Mahar. Out of the record. Senate Bill 1860. Senator Butler . Out of the record . Senake Bi1l 1867 . Senator Klemm . 1867 , sir . Oue of the record . Senate Bill 1889 . Senator Cronin. Dan Cronin . Senate Bill 1889 . Please read the bill, Mr. Secretary.

Senate Bill 1889. 15  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24z 1998 I (Secretary reads title of bill) ! 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senator Karpiel, on Senate Bill 1895. Senator Karpàel. Out of the record. Senate Bill 1896. Senator Philip. Please read the bill r Mr . Secretary . SECRETARY HANRX : Senate Bill 1896 . (Secretary reads title of bill) 1 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR WATSON) 3rd Readinq. Senate Bill 1897. Senator Philip. Please read j the bill. . SECRETARX NAQRX : Senate Bill 1897. (Secretary reads title of bill) ' 2nd Reading of the bill. No committee or Floor amendments. I PRESIDING OPFICER: (SENATOR WATSON) I I 3rd Reading. We had leave to return to Senate Bill 1565 on ' page 4. Senator Clayborne. Please read khe bill, Mr. Secretary. SECRETARY HARRX : Senate Bill 1565. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and I i Elections -- or, the Committee... Committee on Revenue adopted 1 one amendment, Mr. President. PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments approved for consideration? 1 SECRETARY HARRX : No further amendments reported. 1 PRESIDING OFFICER: (SENATOR WATSON) j 16 ' j l SQATE OF ILLINOIS ; 90TH GENERAL A SSEMBLX REGULAR SESSION SCNATE TRANSCRIPT 87th Legislative Day March 24, 1998 3rd Reqding. Intention of the Chair to go to 3rd Reading . So I we would prefer to have the Senators in their chair, eagerly I ! awaiting the call of their billr prepared to debate and carry on. I We will go to page 8 of the Calendar. That's tntention to go to ! i page 8 of the Calendar. Senate Bills 3rd Reading. We're going to seart where we left off on March 22nd at Senate Bill 1282, and : that'll be Senator Weaver who 's voing to lead it off. That's where we'll beqin, but first we have Committee Reports. Mr. i Secretary . SECRETARY WAKRY: Senator Weaverz Chair of the Committee on Rules, reports the following Legislative Measures have been assiqned: Referred to the Committee on Environment and Energy - Senate Amendment 2 to Senate B1ll 1265; Committee on Judiciary was referred Senate Amendment 2 to Senate Bill 1028, Amendment 1 to Senate 9i1l 1426: . Amendment l to Senate Bill 1428 and Amendment l to Senate Bill 16287 referred to the Comnittee on Revenue - Senate Amendmene l to Senate Bill 1458, Amendment l to Senate Bill 1568, Amendment l to i ! Senate Bill 1867 and Amendments 2 and 3 to House Bill 5337 to the I Committee on Transportation - Senate Amendment 2 to Senate Bill ! I 1364) and Be Approved for Consideration - Senate Amendment l to ! Senate Bill 1222, Amendment 2 to Senate Bill 1289 and Amendment l 1 I to Senate Bill 1420. ! PRESIDING OFFICERJ (SENATOR WATSON) 1 I It was previously mentioned we are on page 8. We're on 3rd 1 ' Reading. So We would like for you to take your conferences off I ! the Floor. We maybe were a little lax of that during 2nd I Reading, but this is 3rd Readinge final passage. Please take your I conferences off the Floor. We'd like to have you in your seats. I i Look at the Calendar, know where your bill is, and be prepared to 1 call it, if you would . Senator Weaver, on Senate Bill 1282. Mr. ' Secretary : please read the bill. 1 ; 1 17  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24 , 1998

Senate Bill 1282. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver .

Thank you, Mr. President. Senate Bill 1282 amends the Sanitary District Act of 1917 to increase the borrowing authority. Under current law, these sanitary districts may borrow up to ten million for a repayment period of not more than twenty years. This bill would increase that limit to twenty-five million. know of no objection. It's been a good way to finance small -- smaller improvements in sanitary districts, and I'd appreciate your favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 1282 pass. All those in favor, vote Aye. Opposed, vote No. The voking is open. Have a1l voted who wish? Have a11 voted Who Wish? Eave a1l voted who wtsh? Take the record. On that question, there are 45 voting ïes, 8 voting No , no voting Present. Senate Bill 1282, having received the required constitutional majority, is declared passed. Senate Bill 1286. Senator Rauschenberger. Please read the bill, Mr. Secretary. Before he reads it, we'd like, one more time, to ask you to sit in your chairs, pay attention, take your conferences off the Floor so that we can have your full attention . Senator Rauschenberger. Please read the bill, Mr. Secretary.

Senate Bill 1286 . (Secretary reads title of bill) 3rd Read ing of the bill . 18  STATE 0F ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 i PRESIDING OFFICER: (SENATOR WATSON) 1 Senator Rauschenberger.

1 Thank you, Mr. President, Ladies and Gentlemen of the Senate. i i In the distant past, after the Great Chicago Fire destroyed all the records for property in Chicagor a system was set up to reestablish the proper boundaries as they reconstructed the great City of Chicago. That -- it's a Torrens system in -- in Chicago. I It's the only place in the State we use a Torrens system . Along l i *ith that, as property transferredy a small fund was set aside , i back nearly a hundred years ago , that was designed to insure for problems in -- in correcting title or determining boundaries in the future. Now, over the first forty or fifty years of the system, a great deal of money was -- was released from that fund 4 @ to -- to solve problems of reestablishing boundary lines. That same system is still in place today and, in fact, is -- it continues to accrue a substantial amount of money in -- in -- that 's held in trust by the County Treasurer in Cook Countyz Illinois. Over the last four or five years, the -- the -- the total amount that's been paid out of this indemnity fund is about 1 ! forty-five thousand dollars. The fund is today almost twenty E (sic) million dollars. As an initiative of both concerned advocates in Chicago and the Illinois Realtors Association, I'm carrying a bill that will take a portion of these funds and -- and give it to the Cook County Board to set up a discretiona ry program I - this is not a mandate ; it 's discretionary to the Cook County i 1 B ! oard - to permit them to establish a lead abatement program in Cook County. The -- the only property that would qualify would be residential property. The idea, as -- as we all probably saw two Weeks ago when we tragically lost another child to -- to lead I ! ! paint ingestion, is we still have a lot of important housing units in Chicaqo that still have lead paint on the inside that chlldren 19 I 1 ! j ' l I sThT: oF ILtlxols 9GTH GESERAL ASSBMSLX 1 REGULAR SESSION I SENATE TRaxscRlpT 87th Legislative Day March 24, 1998 have access to and can ingest . Lead palnt continues to be one of r the single biggest problems we have in the urban area of Chicago. 1 . This program really takes -- takes money that was raised from property owners in real estate transactions and focuses that money on a real estate problem. It has the support of the Illinois i Realtors Association. Very, very Wide support of the advocates. It was editorlalized positively by both the Chicaqo Sun-Times and the Chicaqo Tribune. The Cook County Board has not taken a position on the bill yet. In fact, wetve tried a couple of times to meet with the President of the Cook County Board. Since it is not a mandaked program , rather it's a discretionary program that they :et to design and set up, we feel confident that we should send this bill to the House. If there's further amendments that the Cook County Board would like to see, Wedd be very happy to entertain them in the House process. But this is a good bill. It's qood for children. It's supported by the property holders ' who have -- who have paid into the Torrens Fund. I1d appreciate its favorable consideration. PRESIDING OFFICER: (SENATOR WATSON) Is tbere any discussion? Senator Trotter. SENATOR TROTTER : Thank you very much, Mr. President. I agree with the sponsor of the bill. This is a good idea. The County is workin: on some otber initiatives right now that they can be using that thirty Million dollars for. One: of course, is they 're looklnq at -- in trying to rehabbing the single-room occupancy homes Ehat are khere, trying to create buildings for those individuals who are bomeless. So there 's a variety of -- of reasons and a variety of ways that these dollars can be spent, but the one that has been outlined by Senator Rauschenberger certainly is a good idea. It is, as he said, not a mandate, and I ask every Member on this side of tbe aisle to vote for its passage. 20  STATE OP ILLINOIS 90TH GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 87th Legislatlve Day March 24: 1998

PRESIDING OFFICER: (SENATOR WATSON) Any other discussion? If notz the question is: shall Senate Bill 1286 pass. All khose in favor, vote Aye. Opposedr vote No. The voting is open. Have a11 voted Who Wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 53 voting ïes, no voting No, no voting Present. Senate Bill 1286, having received the required constitutional majority, is declared passed. Senate Bill 1291. Out of the record . Senate 3il1 1293 . Senator Fawell . Senator Bev Fawell. Qut of the record. Senate Bill 1307. Senator Rlemm. Mr. Secretary: please read the bill.

Senate Bill 1307. (Secretary reads title of bill) 3rd Readinq of the bill. PRESIDING OFFICERI (SENATOR WAQSON) Senator Klemm .

Thank you, Mr. President. Senate Bill 1307 amends the Mekropolitan Water Reclamation District Act. Adds a fek small parcels in northwest Cook County into the District. There's no opposition. The Diserict is willing to accept this property, and I do ask for your support.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, ehe question is, shall Senate Bill 1307 pass. All those in favor, , vote Aye. Opposed, vote No. The voting is open. Have all voted ' 1 who wish? Have all voted Who Wish? Have all voted who wish? ! Take the record. On that question, there are 52 voting ïes, no J votinq No, no votlng Present. Senate Bill 1307: havàng received ! the constitutional majority, is declared passed. Senate Bill ' 1308. Senator Philip. Senator Pate Philip. Out of the record . ' 21  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 87th Legislative Day March 24, 1998 Senator Luechkefeld : on Senate Bill 1324 . Out of the record . Senate Bill 1331. Senator Fawell. Mr. Secretary, please read the bill.

Senate Bill 1331. (Secretary reads title of bill) 3rd Reading of the b111.

PRESIDING OFFICER : (SENATOR WATSON) Senator Fawell.

Thank you very much. This is a bill that we actually passed last year and it flew out of the House something like 54 to nothing, and then went over to the -- I mean, it passed out of the Senate and it passed out of the House. There Was an amendatory veto to it. Basically what the bill is trying to take care of is a situation . Little town of Warrenville originally put a tax on that would take care of their retarded citizens and allow them to join a -- an association. Warrenville did not have a park district at the time. Everybody else, al1 the other cities and villages in the -- in the area, had park districts. Warrenville didn't want their retarded citizens to lose out. So, in effect, what they did was they levied the tax. They Would noW like to transfer the tax eo -- eo the newly formed park district for them to collect. It's not a tax increase. In fact, it's a tax reduction for about a hundred and fifty homes that have been caught because they are in -- w ithin the boundaries of Warrenville and also within the boundaries of the West Chicago Park District . So they 're actually, right now, having to pay this tax twice. I would appreciate an Aye vote and be willing to answer any questions .

PRESIDING OFFICER: (SENATOR WATSON ) Discussion? Senator Jacobs . 22  STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Leg islative Day March 24, 1998

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

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates shelll yield, Senator Jacobs.

Senator , I know that in many of the areas we have had -- imposed tax caps and people have imposed the tax caps on themselves, in many of the cases. Is this another attempt to get around the tax cap laws?

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

No. Actually, in fact, the amendatory veto and this -- the language of the amendatory veto is included Within this bill now . Took care of that situation.

PRESIDING OFFICER: (SENATOR WATSON) Senator Jacobs.

Veah . Just one more question . A lso , there was some concern as to what -- with the transfer and the merging of the -- of the districts, as to whether there would be double taxation. Will there be any double taxation in this bill?

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

No . In fact, it w ill eliminate double taxations for approximately a hundred and fifty homes.

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

Thank you, Mr . President . I 'd like to ask the sponsor a 23  STATE OP ILLINO IS 90TH GEKERAL ASSEMBLV ' REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24# 1998 ! question, if I might. l PRESIDING OFFICER: (SENATOR WATSON) ! Sponsor indicakes she'll yield, Senator Demuzio. SENATOR DEMUZIO : senator, I notice that Senator Fitzgerald didn't vote for this bill in committee. Is that one of khose bills he was talking about, all that tax stuff that he was going through in the primary? Should we -- should be leery of this bill? Well, I don't want to be voting for increases in taxes. I mean -- Peter didn 't vote for your bill, so what's -- what's up? PRESIDING OFFICER: (SENATOR WATSON) Senator Pawell. SENATOR FAWELL : I believe Peter was absent at that point. No , lt is not a tax increase. It's merely a transfer of the tax. PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio. SENATOR DEMDZIO : So you're saying that if Peter had been therez he would have voted for your bill. Is that what you 're saying? PRESIDINC OFFICER: (SENATOR WATSON) Senakor FaWell . i SENATOR EAWELL : ! I Sure , he would have . ! PRESIDING OFFICER : (SENATOR WATSON) ! Fureher discussion? If not, Senator Fawellr to close. ! ! SENATOR FAWELL: 1 I just request an Aye vote. I i PRESIDING OFFICER : (SENATOR WATSON) ! ' Question is, shall Senate Bill 1331 pass. A1l those in favor, ! vote Aye. Opposed, vote No. The voting is open. Have al1 voted ! ! who wish? Have a1l voted who wish? Have all voted who w ish? I 24 ! I I STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Leqislative Day March 24, 1998 Have all voted who w ish? Take the record . On that question , there are 42 voting Yes, 11 voting No, no voting Present. Senate Bill 1331, having received the required constitutional majority, is declared passed. We have a request from the Illinois State Board of Education. They would like to video the proceedings. We do have a special guest that we would like to certainly Welcome to the Illinois Senate , and we dll turn the m icrophone over to Senator Cronin for the purposes of an introduction and a presentation. SENATOR CRONIN : Thank you very much, Ladies and Gentlemen of the Senate, colleagues . I have the distinct pleasure and honor of introducinq a very famous person, who stands up here on my right, to you . I do this because Kakhy Parker, unfortunately, has a death in the family and she couldn't be here, so I guess I -- lucked out. But in any event, on behalf of Senator Parker, who rep resents Ms . Kate Shindle's hometown, and Senator Geo-Karis, I have with me -- or we are joined by Miss America Kate Shindle, who travels twenty thousand miles a month on a national speaking tour entitled, ''On the Way to a Cure: Preventing HIV Transmission in America.'' During her year of service - she has a year of service as M iss America - she is choosing to direct the Miss America spotlight away from herself and toward the critical need for HIV prevention. Prior to becoming Miss America r Kate was a senior theatre and sociology major at Northwestern University of Illinois Northwestern University in Illinois. Where else would it be. Because as a fellow Wildcaty I1m proud that Kate Shindle also is a is a W ildcat. She volunteered for the Chicago Test Positive Aware Network. She was recently named honorary board member of the A IDS Policy Center for Children, Youth and Families. She has also been honored by the Ryan White Foundation , as you all may recall the Ryan White tragedy, and the (Olender) Foundation as a role model for their 1988 (sic) (1998) work. She has also worked 25  STATE OF ILLINOIS 90TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCR IPT 87th Legislative Day March 24, 1998 with the NAMES Project. And since launching her nationwide initiative from Capitol Hill last fall, she has been crisscrossing the country educating and enlightening diverse audiences about the need to fight the spread of this deadly epidemic. Ladies and ' Gentlemen, I introduce to you our friend from Illinois, from Evanston, fron Northwestern University Wildcats, Miss America Kate Shindle. MISS AMERICA 1998 KATE SHINDLE : (Remarks by Miss America 1998 Rate Shindle)

Miss America Kate Shindle, in Senate recognition, the Illinois General -- of the -- Illinois Senate of the 90th General Assembly of the State of Illino is , we acknowledge you, Kate Shindle z M iss America 1998, for recognition of your tireless work in the area of HIV/AIDS prevention throuqh your nationwide education initiative and we join you in the commemoration of the effort, dedication and hard work that led to success and further express ourselves and our best wishes for personal happiness and professkonal achievement. This was offered by Senator Kathleen Parker, and we 're attesting all of us with it# and signed by the President of the Senate, James ''Pate'' Philip, attested by Jim Harry, Secretary of the Senate . ïou 're now numbered 90-1765. ïour day today, March 24 , 1998 * Congratulations . We dre proud of you .

Kate, as -- as one of the two Senators that rep resents Evanston, Kathy Parker and myself, we take great pleasure in making this presentation to you. It's from the Governor. Signed by Jim Edgar , as our Governor, and by George Ryanr as our Secretary of State . I will not read it all. I will let you do that tonight . But we appreciate the g reat work that you rre doing . We 're very proud that you are a great citizen of the State of Illinois. Congratulations. 26  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' 87th Legislative Day March 24, 1998 PRESIDING OFFICER: (SENATOR WATSON) j We are back on page 8. Senate Bills 3rd Reading. Senate Bill 1 1338. Senator O lMalley. Please read the bill, Mr. Secretary.

Senate Bill 1338. (Secretary reads title of bill) 3rd Readinq of the bill.

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

Mr. President, I was seeking recognition before presenting the bill to welcome one of our former colleagues, who happens to be ny constikuent, Senator Dick Relly, who is here. If we could give him a warm welcome , and ... PRESIDING OFFICER: (SENATOR WATSON) i Coach Kelly. Welcome back. Wedve done well in your absence, sir. NoW would you like to proceed, Senator, on Senate Bill 1338? l The bill was read. Senator O lMalley. I

Thank you , Mr . President . Senate Bill 1338 makes changes to i provisions governing the annual grant funding for community colleges that will enable the Illinois Community College Board to disburse the grants in amounts up to the level of appropriations. In the past r the -- the Illinois Community College Board has had j to pass a substantive bill each year changing the level of grants to natch the appropriation. These bills were referred to as the 1 community college rate bills. Last year the General Assembly passed Senate Bill 529, which is now law , which attempted to l preclude the need for future bills and instead give the College Board the flexibility to distribute grants based on the appropriation level. This bill only further clarifies the provisions of Senate Bill 529. IId be happy to answers questions 27  STATE OE ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 if there are any . . . ! E I PRESIDING OFFICER: (SENATOR WATSON) I Is there any discussion? Any discussion? If notz the ! question is, shall Senate Bill 1338 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 al1 voted who wish? Take the record . on that quesklon, there are 54 voting Xes , no voting No, no voting Present. Senate Bill 1338, having received the required constitutional majorityz is declared passed. Senator Luechtefeld, for what purpose do you rise, sir? SENATOR LUECHTEFELD Z A point of personal p rivilege .

PRESIDING OFFICER: (SENATOR WATSQN) ïes. Please state your point.

Over on the Democratie -- behind the Democratic group in the balcony are two people from my districe, ehe Township Supervisor from Freeburg, Wayne Forcade, and also Paul Lugge. Would you give them a welcome, please? And if they'd stand. Thank you. ' !

PRESIDING QFFICER: (SENATOR WATSON) ! Yes. Please stand. Our guests in the gallery, welcome, to ! township officials. Obviously: we also have in the gallery a ! large group of 4-H'ers, I believe. And we 'd like to Welcome you j here to the Senate. Would all of you please stand and rtse? And I bhazks fOr the lunch , by the Way . 4-H I11inois . Senator Hendon r 1 1 for whae purpose do you riser sir? ! SENATOR HENDON : 1 Thank you, Mr. President. Point of personal privilege. j PRESIDING OFFICER: (SENATOR WATSON) l State your point, Senator . I I

I In the back of the Democratic side, an Honora ry Page is here I 28  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 87th Legislative Day March 24, 1998 i today who I helped raise from birth, a young lady, Toni Yarrington . Let's give her a hand . 1

PRESIDING OFFICER: (SENATOR WATSON) Welcome to Springfield, Toni. Senator Shaw, for what purpose do you rise, sir?

A point of personal privilege.

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

We have a former Member -- distinguished Member of the Senate, who is now the Township Supervisor, Dick Kelly, right down the center aisle here. Welcome...

PRESIDING OFFICER : (SENATOR WATSON) Well, Dick Kelly gets a doubleheader today. Good to -- good to -- see you again, Dick . Welcome back . Senate B ill 1380. Senator Cullerton . Out of the record . Senate Bill 1383. Senator Trotter. Please read the bill, M r. Secretary -- Madam Secretary . Excuse me .

Senate Bill 1383 . (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Trotter.

Thank you very muchp Mr . President and Members of the General Assembly -- of the Senate. Senate Bill 1383 amends the Civil Administrative (Code) for prostate and -- creates a prostate and cancer -- testicular cancer Act (sic). It requires the Department of Public Health to conduct a public education program to promote the awareness and early detection of prostate and testicular 1 I 29  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY i REGDLAR SESSION SZNATE TRANSCRIPT 1 87th Legislitive Day March 24, 1998 cancer, much as they do with the breast cancer program noW nationally . Prostate cancer is one of the most common cancers in American men, including skin cancer. Prostate cancer is the second-leadin: cause of death in middle-aged men and and older -- and older men. They have found that, onez that prostate cancer can be cured if, in fact, it can be caught early. Right now, in - - in America , we have eight hundred thousand to one m illion American men living with this disease. One hundred and eighty-four thousand cases are expected to be diagnosed this year. This is a cancer that can be contained and this awareness program is the first step in -- in doing so, and I would like to see passage of this initiative.

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

Would the sponsor yield for a question?

PRESIDING OFFICER : (SENATOR WATSON) Sponsor indicates he 'll yieldr Senator Hendon.

Senator Trotter, I'm sure your motivations are admirable and all of khat, but could you explain to this Body the costs of this program? Is this one of these add-ons that Governor Edgar is -- is so adamantly opposed to?

PRESIDING OFFICER : (SENATOR WATSON) Sena tor Trotter.

Right now , there are dollars coming from the federal government and it is for this -- this project. If, in fact, the dollars would not be there in years to come: this becomes a permissive piece of legislation.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon . 30  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Leqislative Day March 24y 1998

I see something in here about testicular cancer in in the language of this bill. Can you expound on that a bit for us: Ehose of us who may not have as much knowledge as -- as you do because of your wealth in the health area, why this is important?

PRESIDING OFFICER : (SENATOR WATSON) Senator Trotter .

Senator Hendon, it's where IIm going to kick you if you don 't leave me alone .

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

Thank you, Mr. Chairman, Ladies and Gentl:men of the Senate. I merely stand to ask -- in support of the -- of the legislation, 1383, and ask that we all give our ear to this appeal, and let us a11 vote for it, because it is a very serious, a very needy thing at this particular time. Thank you, Eir.

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

Yes. Thank you, Mr. President and Members of -- of the sody. nottced that people are laughin: about this. would hope that the other side of the aisle is going to also support this legislation, and it is very serious. It is personal to me. Last year, less than six Months , I 've lost two members of my family , an uncle and a first cousiny and right noW my brother's life is hanging in the balance witb prostate cancer. Two other members of my family are also affectedr and this is very important, that we be about the business of notifying the community the significance and importance of early screening and detection of prostate cancer , because the research has been there and it has been proven 31 I ! I STATE OF ILLINOIS I 90TH GENERAL ASSEMBLX r REGULAR SESSION I SENATE TRANSCR IPT I 1 87th Legislative Day March 24, 1998 that early detection -- it can be treated and prevented. And it's something that we need to do. This bill is very important. And I sure wish, before this had happened in my family, that someone would have passed this kind of legislation so that they can -- been more aware and got screened before it was too late. I would ask for an Aye votey and I'd like to also be joined as a hyphenated cosponsor ko this piece of legislation. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? If not , Senator Trotter, to close . SENATOR TROTTER : The purpose of this bill is to reduce morbidity and mortality among Men relative to prostate and testicular cancer, and I would just like to see its passage. PRESIDING OFFICER : (SENATOR WATSON) The question is: shall Senate Bill 1383 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 55 voting ïes, no voting No: no voting Present. Senake Bill 1383, having received the required constitutional majority, is declared passed. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter, on Senate Bill 1384 . Read the bill, Madam Secretary . ACTING SECRETARY HAWKER : Senate Bill 1384. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter . SENATOR TROTTER : Thank you very much, Madam President. Senate Bill 1384, as amended, deals with child abuse reports. It authorizes a child 32 l l STATE OP ILLINOIS 90TH GENBRAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 I abuse and neglect trackinq system, a check for any child care ! provider who is exempted from being licensed but is caring for subsidtzed children. It also requires the Department of Human 1 Services to determine by rule which payment to an unlicensed child 1 . care provider may be withheld if evidence of abuse and neqlect I 1 against the provider in the child abuse and neglect Ceneral I Resister . 1 1 PRESIDING OFFICER: (SENATOR DONAHUE) 1 I Is there any discussion? Is there any discussion? Seeing 1 none , the question is, shall Senate Bill 1384 pass. Those in l ! favor will vote Aye. Opposed, Nay. And the voting is open. Have I I al1 voted who wish? Have all voted Who wish? Have all voted kho 1 w ish? Have a1l voeed Who wish? Take the record . On that 1 ! question, there are 54 Ayes: no Naysr none votin: Present. Senate I I Bill 1384, having received the required constitutional majority: 1 is declared passed . Senator Walsh, for what purpose do you rise? 1 I SENATOR L . WALSH : 1 P 1 or khe point of personal privilege, Madam President. I PRESIDINC OFPICER : (SENATOR DONAHUE) I I Please state your point. j SENATOR L. WALSH : I I Today we have two members of township vovernment from my I districtz from Lockport Townshipz Township Trustees Herman ' Alberico and Percy Conway. I Would like to welcome them to Springfield. PRESIDING OFPICER: (SENATOR DONAHUE) W ill you please rise and be recognized by the Illinois Senate? Welcome to Springfield. Senator Trotter, on Senate Bill 1386. Out of the record . Senator Hawkinson , on Senate Bill 1425. Read the bill: Madam Secretaryv ACTING SECRETARY HAWKER : Senate Bill 1425. 1 33  STATE OF ILLINOIS 90TH GENERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Hawkinson .

Thank you, Madam President, Members of the Senate. This bill reenacts the Illinois Truth-ln-sentencing Statute. Wedre doing this in response to the Fourth Appellate District decision, finding that the current Truth-ln-sentencinq Act, at least at the time enacted, violated the single-subject rule. While we remain hopeful that this will be reversed before the Illinois Supreme Court, we felt that it was prudente and at the urging of the Illinois Attorney General and others, we put forth this legislation to reenact the Illinois Truth-ln-sentencing law . It's in the same form as the current Truth-ln-sentencing Act.

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seeing none: the question is, shall Senate Bill 1425 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 a1l voted Who wish? Take the record . On that question y there are 53 Ayes, no Nays , none voting Present. Senate Bill 1425, having received the required constitutional majority: is declared passed. Permission to videotape from WAND-channel l7. Is leave granted? Leave is granted. Senator Radogno, on Senate Bill 1427. Read the bill, Madam Secretary .

Senate Bill 1427. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Radogno . 34 ! STATE OF ILLINOIS 90TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 87th Leqislative Day March 24: 1998 SENATOR RADOGNO ) Thank you. This bill was initiated by a local police chief wbo was alarmed at the availabillty of cleverly disguised weapons that could easily be brought into schools and parks and other high-risk situations. So this legislation does two thinqs: It increases the penalties for certaln types of weapons in and near schools, public housing properties, parks and courthouses; and secondly, it allows the courts to impose an enhanced sentence on offenders who are convicted of using weapons that are not read ily distinguishable as the weapons that are enumerated in this bill. And I Would be happy to answer any questions and ask for your favorable vote . PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate B ill 1427 pass . Al1 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 55 Ayes , no Nays, none voting Present. Senate Bill 1427: having received the required constitutional majority, is declared passed. The Dailv Herald requests permission to take still photos for their paper. Is there leave granted? Leave is granted. Senator Hawkinson, on Senate Bill 1432. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER : Senate Bill 1432 . (Secretary reads tikle of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson . SENATOR HAWKINSON : Thank you: Madam President. introduced this bill at the request of a constituent. It amends the section dealing with 35  STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 87th Legislative Day March 24r 1998 1 ! ' trebledamagesthatarerecoverableby a merchant when there's 1 been a bad check written. And I -- while I fully support that law, what this bill does is provide that notice should be given to the person who owes the money so that they know that they -- by paying the amount of the check, they can avoid having to go to court and pay further court cosks and triple damages. This simply provides notice. It's a warning. Pay up or you could face these ' consequences. It's supported by the Retail Merchants. And I know of no opposition and I would ask for a favorable vote. 1 PRESIDING OFPICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none,thequestionisrshallSenate Bill 1432 pass. Those in 1 l favor willvoteAye. Opposed,Nay.Andthevotingisopenp Have j al1 voted who wish? Have al1 voted Who wish? Have a1l voked who i wish? Qake the record. On that question, there are 53 Ayes: no Nays ! znonevotingPresent. SenateBill1432,having received the 1 required constitutional majority, is declared passed. Senator ! Philip, on Senate Bill 1446. Out of the record. Senator , O 'Malley, on Senate Bi11 1471. Read the bill, Madam Secretary. ACTING SECRETARX HAWKER : ! Senate Bill 1471 . (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR DONAHUE) Could we have your attention, please? Senator O lMalley : on Senate Bill 1471. SENATOR O 'MALLEV : Thank you, Madam President and Members of the Senate. Senate Bill 1471 amends the Code of Corrections prohibiting supervision for drivers as an uninsured motorist for a second or subsequent time. It requires the defendant to file proof of insurance with theSecretaryofStatetoreceivesupervisionon even the flrst 1 36  ' STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCR IPT 87th Legislative Day March 24, 1998 offense . Under this bill , a neW section is created which limits l court supervision for driving wikhout insurance to once per lifetime. In addition, the bill directs the court to impose, as a . 2 I condition of court supervision for drivinq without insurance, the requirement that the offender file a written certificate of insurance coverage by an authorized business, stating that the offender is validly covered in compliance with the Illinois Vehicle Code. I'd be happy to answer any questions you may have. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Molaro . SENATOR MOLARO : Yes. Thank you, Madam Chairman. Would the sponsor yield? PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he dll yield , Senator Molaro . SENATOR MOLARO : I could see we -- we passed a ban about supervision once in a lifetime for DUI, which is obviously very serious. Why , we dre taking away judicial discretion obviously: because under current law the judge can't give supervision a second time within a : l lifetime. What Would be the overriding public good to take away judicial discretion when you have a judge that's sitting there, he listens to all the facts that are -- that are given to him, you ! ! have the State's Attorneys working very hard to make sure that the judge has all the facts of the case. And if a judge, duly elected, sitting there, decides that supervision is in order, why I ! i should the General Assembly -- what 1s our overriding reason? Maybe I could see it in DUIs , even though I don 't like that . What 's the overriding reason here, besides making sure that -- well, what's the reason? ! ( PRESIDING OFFICER : (SENATOR DONAHUE) Senakor O 'Malley . SENATOR O 'MALLEY : ! 37  ! i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCR IPT 87th Legislative Day March 24, 1998 Thank you, Senator Molaro. This inikiative was brought to my attention by a younq municlpal attorney who is a prosecutor for i municipalities throushout the southwestern suburban area. His name is Patrick aurns. He -- he brought it to our attention March, 1997, in writinq. We Worked, through the staff, to consider his -- his suqgestions and concerns, and I think that his letter expressed very well what tbe concerns were, and then he came down and actually testified in committee and talked about it as well, Senator. From a practical point of view, what he has experienced and what he testified to is that the courts, with their discretion, are tending to alloW people who are: in fact, uninsured to come in with proof of as little as one month certificate of insurance - in other words, their certificate will be in effect for one month - in wbicb case -- that that's their way of getting around it, and then the judges go ahead and allow these -- these folks to -- actually get off of -- of the citation that has been issued against them . And then on top of that, Senator, what he 's indicated to me is that, on occasions, these become cbronic offenders. These people, they see them in court again. So the intent of the original laW was to make sure that people are driving wikh insurance, and so tbat 's the overwhelming, I believe, compelling argument in favor of the legislation. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? Senator O 'Malley, do you w ish to close? SENATOR O tMALLEX : Mr. Prestdent, I'd just appreciate the support of the Senate. PRESIDING OFFICER: (SENATOR WATSON) Question is, shall Senate Bill 1471 pass. Al1 those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have a1l voted who wish? ...all voted who wish? Take the record. On that question, there are 53 voting Yes, no voting 38  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 No, l voting Present. Senate Bill 1471, having received the i required constitutional majority, is declared passed. Senate Bill 1473. Senator Donahue . Senator Donahue . Out of the record . Senator Philip. 1491. Out of the record. Senator Geo-Karis. Senate Bill 1505. Madam Secretary, please read the bill.

Senate Bill 1505. (Secretary reads title of bill) 3rd Reading of the bill.

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

Mr. President and Ladies and Gentlemen of the Senate, this bill amends Section 115-10 of the Code of Criminal Procedure to clarify the intent of the General Assembly, and thls is an initiative of the Illinois Coalition Against Sexual Assault to resolve the concerns of the Supreme Court of Illinois in its interpretation of the child hearsay statute. In the case of People versus Holloway , the court expressed its confusion about the intent of the General Assembly in enacting the child hearsay provisions found in Section 115-10 of the Code of Criminal Procedure. This bill simply clarifies the original intent of the General A ssembly and -- and there was a comm ittee amendment that amended the bill so that the hearsay statements are made -- clarifying that the hearsay statements made by the victim and by stating that the hearsay statement can only be admitted if the statement was originally made about an incident which occurred prior to the victim 's thirteenth birthday -- birthday and that the I statement was actually made before the victim 's thirteenth ' birthday, even if the trial occurs after the victim 's thirteenth birthday . And I ask for favorable consideration .

PRESIDING OFFICER: (SENATOR WATSON) 39  STATE OF ILLINOIS ' 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Leg islative Day Xa rch 24r 1998 i Is there any discussion? Is there any discussion? If notz ' i the question is, shall Senate Bill 1505 pass. All those in favor, ! vote Aye. Opposed, vote No. The voting is open. Have all voted 1 I who wish? Have all voted who wish? Have a1l voted who wish? 1 I Take the record. On that question: ehere are 54 voting XeBr no I 1 voting No, no voting Present. Senate Bill 1505, havtn: received 1 I the required constitutional majority, is declared passed. Senate I i Bill 1506. Senator Geo-Karis. Madam Secretary, please read the , bill 1 . 1 ACTING SECRETARX HAWKER : 1 ! Senate Bill 1506. ! ! (Secretary reads title of bill) ! ! 3rd Readins of the bill. ! PRESIDING OPFICER: (SENATOR WATSON) ! l Senator Geo-Karis. l 1 SENATOR GEO-KARIS : I I Mr. President and Ladies and Gentlemen of the Senate, this I bill amends the Criminal Code and Code of Corrections, creating 1 I the offense of residential arson as a Class l felony and it -- it ! I - - it redefines ''dwelling place of another'' under the home 1 ' 1 lnvasion statute to allow for the prosecution of estranged spouses 1 . who break into a residence when they have some legal tiele to but are prohibited from entering by court order. I ask for favorable 1 1 Consideration .

PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Any discussion? If not, the 1 . question is, shall Senate Bill 1506 pass. All those in favor, vote Aye. Opposed, vote No. The votinq is open. Have a11 voted who wish? Have all voted who wish? Have al1 voted Who Wish? 1 Take the record. On that question, there are 53 voting Ves, no 1 : voting Nor no voting Present. Senate Bill 1506, having received j 1 the required conskitutionalmajority, is declared passed. Senate j I 40  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 Bill 1507. Senator Philip . Madam Secretary, please read the bill.

Senate Bill 1507. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER : (SENATOR WATSON) Senator Philip.

Thank you, Mr. President and Ladies and Gentlemen of the Senate . Senate Bill 1508 amends the Liquor Control Act...

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip, 1507. Did you wish to call that bill or take that one out of the record? Madam Secretary, please take 1507 out of the record . Now we are on Senate Bill 1508 . Senator Philip . Please read khe billy Madam Secretary.

Senate Bill 1508. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip.

Thank -- thank you, Mr. President. Senate Bill 1508 aMends the Liquor Control Acty and What it does, it moves cider down to the same tax rate as beer because they have approximately the same alcohol content . Be happy to answer any questions .

PRESIDING OFFICER: (SENATOR WATSON ) Is there any discussion? Any discussion? If not , the question is, shall Senate Bill 1508 pass. All those in favor, vote Aye. Opposedp vote No . The voting is open . Have al1 voted who wish? Have a11 voted who wish? Have all voted who Wish? Take the record . On that question, there are 55 voting Yes, no 41 j ' ! STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Leqislative Day March 24y 1998 ! voting No, no voting Present. Senate Bill 1508, having received the required constitutional majority, is declared passed. Senate Bill 1510 . Senator Philip p 0ut of the record . Senate B il1 1547. Senator Geo-xazis. Madam Secretary, please read the bill. ACTING SECRETARY HAWKER : j Senate Bill 1547. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPFICER: (SENATOR WATSON) Senator Geo-Karis . SENATOR GEO-KARIS : Mr. President and Ladies and Gentlemen of the Senatey Senate 9il1 1547 amends the Liquor Control Act to provide that an on-premises licensee may offer for sale and serve up to sixteen ounces of beer, which is approximately two glasses of beer, to one person for sampling purposes, and I ask for favorable consideration . PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President, Ladies and Gentlemen of the Senate. You mean to tell me , Senator, I 'm going to get to sample a third more beer than I would otherwise? PRESIDING OFFICER: (SENATOR WATSON) Senakor Geo-Karis . SENATOR GEO-KARIS : I wouldn 't know what you would do, Senator Jacobs . PRESIDING OFFICER: (SENATOR WATSON) Senator Jacobs. SENATOR JACOSS : I personally think, Senator Geo-Karis, that that sounds pretty good to me. ' 42  STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 i i

PRESIDING OFFICER : (SENATOR WATSON) Further dlscussion? Further discussion? If not, the question is, shall Senate Bill 1547 pass. A11 those in favor, vote Aye. . Opposed, vote No. The voting is open. Have all voted who wish? 1 I Have all voted who Wish? Have a11 voted who wish? Take the record. On that question, there are 53 -- excuse mer 43 voting ïes, 10 voting No, no voting Present. Senate Bill 1547, having received the required constitutional majority, is declared passed. Senator Butler. Madam Secretary, please read Senate Bill 1598.

Senate Bill 1598. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Butler.

Thank you very much , Mr. President . Ladies and Gentlemen , back in 1991, this Legislature passed a law that provided home districts of non-special education students, when they are placed in a residential drug or alcohol treatment facility , would be responsible for the educational costs of that student. The law, however, contained some language that has been m isinterp reted , in that some districts have used that one sentence in providing a loophole to avoid paying for the cost of education -- educating special ed students. They dve used that sentence to assert that the special ed students should be paid for by the -- by the host district, so to speak. This bill makes the educational costs for al1 students - all students - the responsibility of home district . Be happy to answer questions. l I PRESIDING OFFICER i : (SENATOR WATSON) . I Is there any discussion? Any questions? Any discussion? If ; not, the queskion is, shall Senate Bill 1598 pass. All those in j 43  STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 favor, vote Aye . Opposed , vote No . The voting is open . Have all voted who wish? Have all voted who wish? Have all voted wbo wish? Take the record . On that question, there are 54 voting Yes, no voting No, no voting Present. Senate Bill 1598, having received the required constitutional majority, is declared passed. Senate Bill 1599. Senator Butler. Please read the bill, Madam Secretary.

Senate Bill 1599. (Secretary reads title of bill) 3rd Read ing of the bill .

PRESIDING OFFICER: (SENATOR WATSON) Senator Butler .

Thank you very much , M r. President. Ladies and Gentlemen, there are three service districts left in the State of Illinois and this bill merely provides that they must be audited to the same standards , et cetera , as are the regional educational offices. So this merely brings them all into conformity.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 1599 pass. Al1 those in favor, vote Aye. Opposed, vote No. The voting is open. Is -- have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yes, no voting Noz no voting Present. Senate Bill 1599, having received the required constitutional majority, is declared passed. . . . Bil1 1612 . Senator O 'Malley . Out of the record . Senate Bill 1627 . Senator Parker. Out of the record . Senate Bill 1657 . Senator Trotter. Please read the bill, Madam Secretary.

Senate Bill 1657 . 44  STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24r 1998 (Secretary reads title of bill) 3rd Reading of the bill. 1

PRESIDINGOPFICER: (SENATORWATSON) Senator Trotter. 1

i Thank you very much, Mr. President. This bill relates to 'the I licensure of graduates from accredited schools. Specifically, it requires the Department of Professional Regulations to issue j licenses to applicants who graduate from a school of accredited -- i that is accredited by the National Accreditation Commission for Schools and Colleqes of Acupuncture and Oriental Medicine. It's asked again tbat after the exam that has been app roved by the I Department, then licenses should be submitted. This goes into effect 12/31/99. i

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Bowles. Senator Jacobs. j

Yes . I 'm not -- Senator Trotter yield for a question, please?

PRESIDING OFFICER: (SENATOR WATSON) Senator indlcates hefll yield, Senator Jacobs. E SENATOR JACOBS : i I'm not going to raise the question abouk this is your third . i bill already on 3rd. You got more than all the rest of the Democrats put together. I quess I could question, you know, what i are you doing here . But I do have one question . Where it states, ë accordins ko the analysis, that the -- the amendment states that they must have p roof that the person has graduated from a foreiqn college of acupuncture and oriental medicine listed in khe World ! . I Health Organization Directory, what kind of proof are you looking at? Does it have to have official seals , et cetera , like the current nursing and doctor applications...? i PRESIDING OFFICER : (SENATOR WATSON) i 45  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 Senator Trotter.

Thak is correct. We're -- wedre talking about something that comes from the school, which is notarized and is d irectly submitted from the school to the Department of Professional Regulations .

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Hawkinson. SENATOR HAWKINSON : Thank you, Mr. President. Wi11 sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WATSON) Senator Trotter will yield. ïes, Senator, go -- proceed. SENATOR HAWKINSON : Senator r as I read the analysis , currently people can be licensed who pass an exam and your bill will stop that. Has there been a problem with people who are able to pass the exam and who perhaps have been in this business for a number of years but have not graduated? Why are we wanting to cut them off? PRESIDING OFFICER : (SENATOR WATSQN) Senato r Trotter . SENATOR TROTTER : Just trying to standardize and formalize the process which is in effect right now . This language that we have has been the ' language that -- it's in agreement with those from the Acupuncture Institute, as well as from the Illinois Acupuncture Association - not that there has been a problem. As you know, we just passed a bill last yea r which actually authorized them to be part of our reimbursement system . But there has not been any problems in the past that I know of .

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? If not, the question is, shall Senate Bill 1657 pass . All those in favor, 46 1 STATE OF ILLINOIS y 90TH GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24z 1998 vote Aye. Opposed, vote No. The voting is open. Have al1 voted who wish? Have al1 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. Senate Bill 1657, having received the required constitutional majority, is declared passed. Senator Bowles, for what purpose do you rise? SENATOR BOWLES : I rise for a point of personal prlvilege, Mr. President. PRESIDING OFFICER : (SENATOR WATSON) State -- state your point, Senator Bowles. SENATOR BOWLES : I have in the gallery behind the Democratic side of the Senate a group from -- of 4-Hders from the Quercus Grove 4-H Club in my districty and I'd like for them to stand, please. PRESIDING OFFICER: (SENATOR WATSON) Very good. Welcome to Springfield. We also have a group here from Clinton County, the township offtcials in Clinton County. We'd like to welcome them to Sprinqfield. Will our township officials from Clinton County please rise? Welcome to Springfield . o.aHawkinson, for what purpose do you rise? SENATOR HAWKINSON : Thank you, Mr. President. Purposes of an announcement. PRESIDING OFFICER: (SENATOR WATSON) Yes . Proceed . SENATOR HAWKINSON : The Judiciary Committee will meet immediately upon adjournment or at 3 otclock, whichever is earlier. So if we adjourn prior to that, the Judiciary Committee will meet in Room 400. We have four amendments to consider . PRESIDING OFPICER : (SENATOR WATSON) Intentipn is to adjourn immediately. Senator Rauschenberqer, for what purpose do you rise , sir? k ! 47 i I ' 1 I i ! STATE OP ILLINOIS I 9QTH GENERAL ASSEMBLY ' REGULAR SESSION I SENAT: TRANSCRIPT 87th Legislative Day March 24, 1998 SENATOR RAUSCHENBBRGER : For purposes of an announcement. I'd like the Members to know that five minutes after adjournment welre going to try to bring all of the Appropriation Members down to Room 2l2 as quickly as possible. We have a -- a rather long day. We're going to be getting a late start. We have almost all of the higher ed institutions today. And anyone else who doesn't know what to do w1th four or five hours of their afternoon is welcome to come and join us. . PRESIDING OPFICER: (SENATOR WATSON) Senator Madigan, for what purpose do you rise: sir? SEXATOR MADIGAN : Point of personal privileger Mr. President. PRESIDING OFFICER : (SENATOR WATSON) State your polnt. SENATOR MADIGAN : Visiting with us this afternoon in the visitors' gallery, some township officials from DeWitt County, and I'd like them to be recognized and Welcomed. PRESIDING OPPICER: (SBNATOR WATSON) Very good . Welcome to Springfield. Township officjals from DeWitt County. Senator Geo-Karis, for what purpose do you rise? And I would suggest that we all just kind of sit tiqht for a minute. There may be a change of order here in a second. Senator Geo-Karis . SENATOR GEO-KAR IS: Mr. President and badies and Gentlemen of the Senate, I'd like to announce that in the gallery behind the President's Podium is one of the constttuents of Lake County - he belongs to Senator Terrence Link - and whom I know very -- very well, Charles B. Fitzgerald IV , Supervisor of Shlelds Township, which encompass Lake Bluff, Lake Forest and part of North Chicago . We Welcome 48 j 1 ' j d  STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24 , 1998 1 I I Charles here today , and he 's standing ...

PRESIDING OFFICER: (SENATOR WATSON) Very good. We welcome you to Springfield. Will our -- our guest please rise? .eegoing to proceed with the Calendar. So I beg your pardon for that p revious announcement that we may adjourn. I apologize for that, and our intent is to go ahead with the Calendar. Senate Bill 1674. Senator Dillard . 0ut of the record . Senate Bill 1675. Senator Dillard. Out of the record. Senate Bill 1694. Senator Parker. Out of the record. Senate Bill 1695. Senator Klemm . Madam Secretary, please read the bill.

Senate Bill 1695. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm .

Thank you, Mr. President. Senate Bill 1695 -- 1695 amends the Illinois Vehicle Code to make the Illinois breath alcohol ignition interlock device a permanent program . If you remember, in 1993/1994 we passed a pilot program to find out if this ignition interlock would be able to be effective in deterring some of the DUIs that had -- around the State of Illinois . In 1996 there were forty-four thousand seven hundred and ten arrests in Illinois for DUIs, with seven thousand twenty-three being repeat offenders. And to date, over fifkeen hundred offenders participated in this pilot program . The interesting thin: is that this group experienced a seventy-six-percent reduction in repeat DUI arrests while the interlock device was installed and even more significant was that it reduced the repeat offenders by fifty-six percent after the interlocks were taken out. This is probably most I impressive because these are chronic DU I drivers. So this program I 49  STATE OF ILLINOIS 90TH GENCRAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 has proven successful. This bill would allow Secretary of state and the courts to use this as one more option in its fight against DUI offenders on the streets of Illinois. And I 'd ask for your support.

PRESIDING OFFICER: (SENATOR WATSON) Discussion? Any discussion? Senator Jacobs, any discussion? . o o discussion? If not, shall Senate Bill 1695 pass? A ll those in favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted who w ish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, there are 52 voting Yes, 2 voting No, no voting Present. Senate Bill 1695, having received the required constitutional majority, is declared passed. Senate Bill 1700. Senator Donahue. Out of the record. Senate Bill 1701. Senator Maitland. Senator Maitland. Out of the record . Senate Bill 1702. Senator Butler. Senator Butler. Out of the record . Senate Bill 1704. Senato r Rauschenberger. Out of the record . Senate Bill 1705. Out of the record . Senate Bill 1706. Senator Rauschenberger. Out of the record. Senate Bill 1710 . Senator Philip . Senator Pate Philip on the Ploor? Senate Bill 1711. Senator Donahue. Out of the record. Senate Bill 1712. Senator Philip. Out of the record. Senate Bill 1713. Senator Geo-Karis . Senator Geo-Karis. Out of the record . Senate Bill 1728 . Madam Secretary , please read the bill.

Senate Bill 1728. (Secretary reads title of bill) 3rd Readinq of the bill .

PRESIDING OFFICER : (SENATOR WATSON) Senator Peterson.

Thank you , M r. President, Ladies and Gentlemen of the Senate. Senate Bill 1728 is legislation that affects an agreement reached 50  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 1 iz 1938 bPUWPPD bhe De#arbment Of Insurance and Lloyds insurance I I of Great Britain. The agreemene stipulated in Article V that 1 Lloyds must keep on reserve in accounts in Illinois an amount to ! guarantee risks that they insure in the State. It limits the ! 1 amount that they may underwrite per risk. Currently, the retain per risk is two hundred and thirty-five thousand. Lloyds is ' requesting that khe risk limit be removed from the Illinois Statute due to tWo main reasons. First: the fundamental change in Lloyds membership. When the original agreement With the ' Department of Insurance was reached w Lloyds members Were typically ! individuals with unlimited liability. And beginning in 1994, , corporations have partieipated in Lloyds, and as a resultg Lloyds ! ! position is that the risk limit hampers members from underwrittng 1 risks. The corporations are able to assume more risks than what , the current limit allows: and new requlatory measures in Great ' ! Brikain will, in the opinion of Lloyds, assure that the group is 1 stable and able to insure their policies. The Department of ! Insurance is neutral on the bill . ! !

PRESIDINC OFFICER: (SENATOR WATSON) 1 Any discussion? Senator Dillard. ! SENATOR DILLARD : I ! Thank youï Mr. Presldent, Ladies and Gentlemen of the Senate. 1 My law firm does work for Lloyds of London, and I'm going to vote I Present on this bill, as I may have a conflict of interest. I PRESIDING OFF ICER 1 : (SENATOR WATSON) I Any other discussion? Any discussion? If not, the question 1 is, shall Senate Bill 1728 pass. A11 those in favor, vote Aye. I Opposed, voee No. The voting is open. Have a1l voted Who wish? 1 . I Have a1l voted who wish? Have all voted who Wish? Take khe I ' record. On that question, there are 52 voting Yes, no voting No, I l voting Present. Senate Bill 1728, having received the required 1 . I constitutional majority, is declared passed. Welre on page ll. I 51  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24 r 1998 Top of page ll. Senator Clayborne. Senate Bill 1755. Senator Clayborne. Please read the bill: Madam Secretary.

Senate Bill 1755. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR WATSON) Senato r Clayborne .

Thank you , Mr . President. 1755 amends the Probate Act to remove gender as a factor in intestate -- inheritance regarding the death of an illegitimate child and their personal and real property. There was a case called the Estate of of Hicks where the Illinois Supreme Court held that Section (sic) (subsection) (d) of Article 11 of the Probate Act Was unconstitutional. And in that case , the court found that only allowing the mother and the mother's descendants to inherit from an illegitimate child who dies intestate, that this was uneonstitutional and was a denial of the equal protection clause. And basically what this does, it -- it requires other factors, not just gender. In fact, it removes gender. ïou have to look at other factors - contacts with the kid - - of the child to make a determination as to who will inherit the child 's personal or real property . I would ask for a favorable vote .

PRESIDING OPFICER: (SENATOR WATSON ) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 55 -- excuse me, Senate Bill 1755 pass. All those in favor, vote Aye. Opposed: vote No. The voting is open . Have all voted who wish? Have all voted who Wish? . . . all voted who wish? Take the record. On khat question, there a re 53 voting Yes : no votin: No , no voting Present . Senate Bi11 1755, havinq received the required constitutional majorityr is 52 1 ! STATE OF ILLINOIS I 90TH GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 declared passed. Senate 3ills 1806 through 1815, all on page ll, are being held and out of the record at the sponsor's request. Senate Bill 1830. Senator Rauschenberger. Out of the record. Senate Bill 1835. Senator Parker. 0ut of the record . Senate Bill 1846. Senator Petka. Out of the record. Senate Bill 1875. Senator Fawell. Senator Fawell. Out of the record. Senate Bill 1878 . Jsenator Bowles. 0ut of the record . Senate Bill 1884. Senator Demuzio . Out of the -- out of the record. Senate Bill 1892. Senator O 'Malley. Out of the record. Senate Bill 1901. Senator Madigan. Out of the record. Senator Madigan? again on (19)03, (19)04. Out of the record. (19)11. Out of the record. (19)12. Out of the record. (19)19. Out of the record. Senate Bill 1938. Senator Philip. Senator Pate Philip on the Floor? Out of tbe record. As you recall, we started with Senate Bills 1282 on page 8. Our intention now is to go back to the beginning of the Order of Senate Bills 3rd Reading. It's located at the bottom of page 6 on your Calendar. We're skarting off with Senate Bill 499. Senator Maitland. Out of the record . Senate Bill 16 I be9 your pardon, 668. Senator Maitland. Out of the record. Senator Madigan. Out of the record. Senator Viverito, on 1203. Madam Secretary, please read the bill. ACTING SECRETARV HAWXER : Senate 3ill 1203 . (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator V iverito . SENATOR VIVER ITO : Thank you, Mr. Chairman. Tbis bill simply permits Cook County townships the option of establishing a special service area if they Wish to do so . They must conduct a front-door referendum on the question before proceeding. What it does fs allow us to put 53  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislatlve Day March 24, 1998 streets or sidewalks or -- in the unincorpozated azea . I woul; appreciate your support.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not: the question is, shall Senate Bill 1203 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 39 voting Yes, 8 voting No, voting Present. Senate Bill 1203, having received the required constitutional majority, is declared passed. Senate Bill 1217. Senator Pekka . Out of the record . We have a recall on Senate B ill 1222. Senator Rauschenberger, do you wish thts returned to 2nd - - Order of 2nd Reading for the purpose of an amendment? Senator Rauschenberger does seek leave of the gody. Leave is granted. We 're on the Order of 2nd Reading . Senate Bill 1222 . Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 1, offered by Senator Rauschenberger.

PRESIDING OFFICER : (SENATOR WATSON) Senator Rauschenberger.

Thank you, Mr. President: Ladies and Gentlenen of the Senate. Floo r Amendment No . 1 to Senate Bill 1222 corrects dates to make implementation effective and simple for the Secretary of State 's Office. The bill as originally -- the bill as originally drafted caused some problems in the way it meshed with the Secretary of Skate 's computer system . I 'd app reciate its favorable adoption .

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? All those in favor, say Aye. Opposed, Nay. The Ayes have it. And the amendment is adop ted . Any further Floor amendments approved for consideration? 54  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY ; REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 ACTING SECRETARY HAWXER : No further amendments reported, Mr. President. PRESIDING OFFICER : (SENATOR WATSON) 3rd Reading. Senator Dudycz, on Senate Bill 1225. Madam Secretaryr please read the bill. ACTING SECRETARY HAWKER : Senate Bill 1225. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz. SENATOR DUDXCZ : Thank you, Mr. President. Senate Bill 1225 amends the Election Code and the Municipal Code in regards to dekermining when an electlve office becomes vacant. It provides that a conviction for an offense that disqualifies an office holder from holding office shall occur on the date of the return of a guilty verdict or the entry of a finding of guilt. This bill was requested by the City of Chicago as a result of a recent conviction last year of a -- of an alderman who refused to vacate his seat upon conviction. Technically , the alderman could not be thrown out of the office until his sentencing had occurred and he sat for six months in the City Council . The legislation explicitly states that -- the time upon which an office becomes vacant, if the office holder has been convicted of a crime which would otherwise disqualify him or her from holding office. And currently the Election Code provides that an office shall become vacant upon conviction of an infamous crime or of any offense involving a violation of official oath. Case law has held that a person is not conv icted until he has h is day in court, which ends only upon completion of the entire trial process , including the opportunity of the -- of the trial judge to correct any error in 55  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 1 trial, and finally upon sentencing . And Senate Bill 1225 sets the time which the office becomes vacant at the date of a return of a guilty verdict:or in the case of a trial by the court, the entry I ; of a finding of guilt. And it affects all elected office holders in three branches of government .

PRESIDING OFFICER : (SENATOR WATSON) Any questions? Senator Berman.

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

PRESIDING OFPICER: (SENATOR WKTSON) Sponsor indicates he'll yield, Senator Berman.

In the event a quilty verdict is voided or vacated by the trial judge, does the second paragraph of Section l of the Officials Convicted of Infamous Crimes Act apply in the event of Senate Bill 1225 being enacted into law? The paragraph that I1m referrinq to reads as follows, quote : ''If, subsequently, a final order reverses the conviction, eligibility to hold the office, to the extent of the original term then remaining, is restored, and ' the officer shall be reinstated, for the duration of khe term of office remaining .'' Unquote . Would that apply with the passage of Senate Bill 1225?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

It's my understandinq, Senator Berman, that -- that it would. Again, I'm not an attorney, but the information that has been given to me is that it would .

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

56  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCR IPT 87th L ! egislative Day March 24, 1998 I Just -- just to expand on what I've explained. One of the questions that arose in the -- in the discussion of Senate Bill 1225, on a rare occasion , even though there 's a guilty verdict that comes back, there may have been errors in the deliberation of the jury and the trial judge has the opportunity at some later date to vacate that verdict. What Wedre doing, by my question and Senator Dudycz's answer, is to say that the date of the verdict terminates the holding of the office, but if later on the judge vacates the verdict, that office holder will be reinstated. And that was the purpose of our exchange of a question and answer . Thank you , Mr . President. ! PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Collins. SENATOR COLLINS : Question of the sponsor. PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield, Senator Collins. SENATOR COLLINS : And, Senator, I apologize. I was called off the Floor and I didn 't hear the -- the -- the first part of the bill explanation. I do know there was a bill last year floating around, or early spring, in reference to convicted felonies (sic) (felons) being able to hold office. Does this bill deal with convicted felons i 1 not being able to run for office? No . Thank you . PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz, to answer the question. SENATOR DUDYCZ : Well, no, this does not deal with that, Senator. This just -- this just zequires a -- an elected official to vacate that office upon the finding of guilt or upon a guilty verdict. r PRESIDING OPFICER : (SENATOR WATSON) I i I Further discussion? Senator Molaro. I 57  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 87th Legislative Day March 24, 1998

Yes . Thank you , Mr . President . Would the sponsor yield?

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

The overriding reason again for this is because -- it's the City of Chicago. Apparently some alderman was convicted of a crime, and the judge is going to set his sentencing date where he's going to sentence him and give him the time. Now, during that -- during that period of time, of course, there 's a motion for a neW trial, couple other motions that may be filed and all these other things that could come up during this thirty- or sixty-day period. So the overriding reason is that even though a lot of things can happen with that sixty days, there's an overridinq concern of what this guy or woman is going to do on the City Council during these sixty days, that we can't wait to Make sure that a final judgment is entered. Because you don't take final judgment when there's a guilty verdict returned. Final judgment takes place after sentencing. So what -- what's the overriding reason again?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Yeah . Again , Senator Molaro , the City requested this legislation be put in due to a situation last year in the City where an alderman was either found guilty or pleaded guilty to a felony and he refused to vacate his seat and he Was voting as a member of the -- of the C ity Council , and -- and that 's it.

PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro .

Yeah, just -- I just -- I just Want to make this clear, and 58  STATE 0P ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24; 1998 ! -- and if I'm wrong, maybe one of the other Senators Who may know ! 1 something about this more than I can -- can step up on this. . You're -- you're convicted, or -- or jury comes back and says guilty verdict, on Tuesday, whatever it may be. The judge comes up and says, ''All rightr in thirty or sixty days/' - Whatever it may be - ''I'm going to hear arquments; I'm going to have sentencing.'l Within thirty daysr there are just motions of course, motion for a new krial to come back with certain things. If you have lawyers and they come up and show that, the judge actually, at that particular time, could look at that, and you have thirty days ko do this, and actually order a new trial. The judge could have a judgment notwithstanding the verdict. He could go righk against their verdick. So what this bill does is it takes him out of office immediately. Now there's a vacancy declared. The Mayor appoints a new alderman. Sixty days later: the judge in the court, because sometimes the federal judges or circuit court judges aren't bound by a time limit that the City could setr so they come out and they vacate the verdict and judgmene was never en tered against the alderman . The alderman can w ind up with either a new trial or -- or just like in the au pair case and a few others eome back and say -- the judge says, f'I do not agree with this verdict,'' and set it aside. Now you have a new alderman sitting there, and I don't know what section 'cause I don 't have the bill in front of me that -- that Senator Berman Was citing, and you 're causing a11 these problems because you want to change . something that's been going on in the City Council. Sad to say there's a history of a lot of aldermanr you know -- you know, not ' I -- you know, misbehaving, so to speak. It's been going on for ! I years and years and years. To say that the fellow might be there , for . an extra thirty or forty days and the Mayor of the City of ! ! Chicago doesn le like thaty or whoever doesn 't like it - I don't 1 ! even think khat this was the Mayor ls initiative - to skand there ! 59  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24 1998 i , 1 and say we're going to change the law because he may do something 1 in thirty days and take away everything I just said doesn't seem to make sense to me. Thank you.

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

Will the sponsor yield for a question?

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

Senator Dudycz, is there a mechanism in your bill - I've been trying to pull it up here on -- on our computer - that in the event that a person takes his conviction on an appeal and the Appellate Court sets it apart, or sets it aside, that the -- that the person will be reinstated, and -- and what is the mechanism? PRESIDINGOFFICER: (SENATORWATSON) 1 SenatorDudycz. 1 i

Well -- welly Senator Petka, it -- not in this specific E legislation, but in the exchange between Senator Berman and 1, ik clarlfies the intent of the bill that -- whak would declare the i vacancy. If it is overturned by -- by a court, then that sitting official would be reinstated . PRESIDING OFFICER: (SENATOR WATSON) i SenatorPetka. 1 SENATOR PETKA : i Then if a person is seated during that vacancy, will that person then be required as -- by operation of law , to give up his - - his seat?

PRESIDING OFFICER: (SENATOR WKTSON) Senator Dudycz . SENATOR DUDYCZ: 1 60  STATE OF ILLINOIS 9QTH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 i That 's correct. That 's my understanding . I

PRESIDING OFFICER : (SENATOR WATSON) Senato r Petka . SENATOR PETVA : I do not believe that that is the -- the mechanism that is in place right now . So does your bill state that if a person is convicted, has his conviction set aside either on direct appeal or sixty days or ninety days later, then the person who is taking the -- the position is taking that position conditionally? PRESIDING OFFICER : (SENATOR WATSON ) Senator Dudycz. SENATOR DUDYCZ : No, Senator. What my bill specifically states is that the office becoMes vacant -- al1 it addresses, that the -- the vacancy becomes effective at the date of the return of a quilty verdict or, in case of a trtal of a court, the entry of a finding of guilt. It doesn't address the -- the other. PRESIDING OFFICER: (SENATOR WATSOX) Further discussion? Senator Jacobs . SENATOR JACOBS : Thank you, Mr. President, Ladies and Gentlemen of the Senate. Would the sponsor yield? I'm a little confusedz too . Just as a follow up, I quess, if you will, along tbat same line if the court does overturn the original conviction and the gentleman is to be reseated , where 's the vacancy? 7ou -- you have an alderman who has been placed in a position legallyzand what is the mechanism 1 to remove that person to create a vacancy for th is person to come back to? I think we're really getting into an area here that really becomes a little bitconfusing. If nothing else,you know, 1 and Ithinkmaybe this issomething you may want to look at: 1 , . Senator , is to make it a temporary appointnent o f sixty days, I ' thirty days,ninety dayswhatever time you feel it may take in j i 61  STATE QF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 order to be able to create that vacancy. Otherwise, I think you can have eourt cases which would come back and the guy says, ''Hey , I was duly appointed; I have done nothing Wrong; you have no reason to remove me from officeo'' And therefore, there is no* a vacancy, and I think a temporary appointment to that position would better serve your purpose. ! PRESIDING OPFICER : (SENATOR WATSON) 1 Eurther discussion? Further discussion? If not, Senator 1 Dudyez, to close. SENATOR DDDYCZ: 1 Thank you. Just eo answer Senator Jacobs: You knowe this I I legislation , Senator, does not -- does not address how that vacancy is filled. A11 it specifically states is that, rather I than as current 1aw states, the -- the vacancy will be upon the ! return of a guilty verdict or an entry of a finding of guilt on ! that moment, to prevent future occurrences that none of us hope ever happen again, but just in case we have another situation as I we did ln Chicago where an alderman was convicted. He sat -- or ! he Was -- he pleaded guilty and for six months he sat as a voting member of that City Council, and this is intended to prevent that. l PRESIDING OFFICER: (SENATOR WATSON) ! Senator Jacobs, he kas closing. Yes, he was closing . He Was ! answering your question, sir, your comments. The question is, shall Senate Bill 1225 pass. All those in favor, vote Aye. r Opposed, vote No. The voting is open. Have al1 voted who wish? 1 Have all voted who wish? Have a1l voted who wish? Take the record . On that question, there are 45 voting Yes, 2 voting No, 1 ! voting Present. Senate Bill 1225, having received the required ! constitutional majorityr is declared passed. We inadvertently passed over Senate Bill 1224. Senator Dtllard . And Senator ! Dillard would like that bill called. With leave of the Body, 1 E wedll go back to that bill. Leave is granted. Madam Secretary, 62  STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 p lease read the bill.

Senate Bill 1224 . (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard .

Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. This bill is a bipartisan measure that will toughen the penalties for the use of drugs in committing rape . A rapist who uses a drug in committing a sexual assault will be prosecuted as if he used a knife, a gun , or another deadly weapon . Drugging someone without their consent is an aggravated battery and is punishable by up to ! five years in prison. If a rapist uses a drug to accomplish his sexual assault , it will be treated as an aggravated criminal sexual assault and punished as if the offender had used a knife, a i gun, or another deadly weapon. The -- that offense will carry a prison sentence of at least six years and up to thirty years . The bill is supported by the Office of the State's Attorneys Appellate ! l Prosecutorz the Illinois Sheriffs' Association, and khe Association of Chiefs of Police. I'd like to thank Matt Jones from our staff, who has put in countless hours tryin: to put this I bill in working order, along with Cheryl Luria of Roche Pharmaceuticals, which has been a leader nationwide in combatinq these types of new offenses. I'd be happy to answer any questions 1 and would appreciate a favorable roll call.

PRESIDING OFFICER : (SENATOR WATSON) Any discussion? Senator Bernan. p j

Would the ... Thank youy Mr. President . Would the sponsor yield? 63 l STATC OP ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 87th Legislative Day March 24, 1998 PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he 'll yield, Senator Berman. SENATOR BERMAN : According to our analysis, the Illinois Coalition Against Sexual Assault is an opponent of this bill. I find that unusual. Could you explain why their posltion is in opposition? PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard. SENATOR DILLARD : Senator Berman, we worked with Polly Poskin from khat organization. And recently they had a meeting of their organization, and nine members of their -- their board voted to be neutral on the bill, as amended, and four voted No, to remain opposed to the bill. Essentially, I think theydre opposed because there would be sltuations -- and let me tell you, this is a voluntary test. So if you are a victim of this, you don't have to take thts -- khis type of test. But they're worried that if you take a test for this type of drug, to see if you were drugged and then sexually assaulted, that other drugs may show up in your system . And they donrt, for whatever reason, think that those types of other lllegal drugs which migbt sbow up in a woman's system - and some may even be legal, but they could be used against a woman lf she were testifying in court - they wish there was a way to block out other drug usage, as opposed to just pinpointing the date rape drug that might be in their system. But importantly, Senator Berman, we amended the bill and it's a voluntary test. A woman who is sexually assaulted with a date rape drug, and in some cases, guess: it could be a man as well, or a male, they still have the protection that's there today under current law for, you know, aqgravated criminal sexual assault. This adds a new , enhanced penalty . The test is voluntary . But think Polly Poskin and that group's objections, if there are any, 64  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 87th begfslative Day March 24, 1998 are that other illeqal drugs, or even legal drugs, may show up in a woman's system when they 're tested, and, therefore, there 's a stigma attached to that particular woman. But again, the test is voluntary. She still would be protected under current law. She just wouldn't get the aggravated offenses if she wouldn't take the test .

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? If not, the questàon is, shall Senate Bill 1224 pass. All those in favorr vote Aye. opposed, vote No. The voting is open. Have all voted Who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that questton, there are 54 voting Xes, no voting No, no voting Present. Senate Bill 1224, havlng received the required constitutional majority, is declared passed. Resolutions, Madam Secretary .

Senate Joint Resolution, Constitutional Amendment, No. 57: offered by Senator Dillard.

PRESIDING OPFICER: (SENATOR WATSON) Senator Shaw, for what purpose do you risey sir?

Point of personal privilege.

PRESIDING OPPICER: (SENATOR WATSON) I beg your pardon?

Po int of personal privilege . We have over in -- on khe Republican side of the aisle, the University of Illinois 4-H Club members in the gallery herer have joined us today. Will you ask them to rise?

PRESIDING OFFICER: (SENATOR WATSON) Certainly. Weld like to welcome our friends from the 4-H here in the Senate. Would you all please rise and be welcomed? 65  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 87th Legislative Day March 24, 1998 Senator Hawkinson, for What purpose do you rise? ! SENATOR HAWKINSON : Thank you, Mr. President. Just to remind Members of the Judiciary Committee that we will be convening in Room 400 i immediately upon adjournment. i I PRESIDING OPPICER ) (SENATOR WATSON) i We -- very good, senator , but we 're stkll not adjourning. l i We dre going... Senator Larry Walsh, for what purpose do you rise, I sir? j SENATOR L. WALSH: i Point of personal privilege. ; I PRESIDING OFFICER) (SENATOR WATSON) State your po int r Senator. 1 SENATOR L. WALSH: 1 Mr. President and Ladies and Gentlemen of the Senate, it's my j privilege to announce that we have the highway commissioners from i Lockport Township and -- and Joliet Township and also trustees 1 from Joliet Township, the assessor and supervisor from Lockport i Township . I Id like to welcome them to the Senate. l i PRESIDING OFFICER: (SENATOR WATSON) I Very good. Will our friends from the township government I please rise? Very good. Welcome to Springfield. Glad to have i you here. Senate Bill 1246. Out of the record. Senate Bill i 1247 Out of the record. Senate Bill 1249. Senator Garcia . Out I . of the record. Senate Bill 1250. Senator Butler. Out of the I i record. Senate Bill 1251. Senator Luechtefeld. Ouk of the record . Senate Bill 1258. Out of the record . Senate Bill 1260 . i I Senator Klemm . Madam Secretary, please read the bill. . ACTING SECRETARX HAWKXR: i Senate Bill 1260 . (Secretary reads title of bill) i 3rd Reading of the bill. 66 ! 1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 PRESIDING OFFICER: (SENATOR WATSON) Senator Kïemm. I : I SENATOR KLEMM ) ( Thank you, Mr. President. Senate Bill 1260 is in response to a problem we had in McHenry County on a official Misconduct of a i school employee, actually a schoolteacher , who -- the case was dismissed because of not having a child that Was molested in the 17layqround under the direct control of that teacher in the i classroom . So what we dve done is included the public school employees under the definition of I'public employeed' in the i Criminal Code. We also added a provision to the element of the criminal offense of official misconduct to cover those persons who commit a crime through their position of trust as a public l ' official or an employee. I want to thank the Judiciary Committee for their indulgence while we worked out the agreed language that i the IEA provided to prevent this from happening. And I do ask for your support on this important bill. i PRESIDING OFFICER: (SENATOR WATSOX) Is there any discussion? Any discussion? Senator Jacobs. SENATOR JACOBS: i Thank you, Mr. President, Ladies and Gentlemen of the Senate. Real quick . Would the sponsor yield for a question? i I PRESIDING OFFICER: (SENATOR WATSON) I Sponsor indicates he 'll yield , Senator Jacobs. i SENATOR JACOBS : Senator, as you know, that there has been a 1ot of discussion i . about schoolteachers , their insurance , et cetera , and Whether they dre State employees or not State employees . Are we making them State employees under this bill? And if so r does that have i I other ram ifications that m ay not be apparent by this b ill? PRESIDING OFFICER : (SENATOR WATSON) i senator Klemm. I 67 q STATE OF ILLINO IS 90:E GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 SENATOR KLEMM : No, it has no bearing on that. It's just in the Criminal Code for that very narrow interpretation. PRESIDING OFFICER : (SENATOR WATSON) Any further discussion? Further discussion? If not, the question is, shall Senate Bill 1260 pass. All those in favor, vote Aye. Opposedz vote No. Voting is open . Have a11 voted who wish? Have a11 voted who wish? Have al1 voted Who wish? Senator: you ought to vote for your own bill. Take the record. On that questiony there are 54 voting Yes, no voting No, no voting Present. Senate Bill 1260: having received the required constitutional majority, is declared passed. Senate Bill 1271. Senator Burzynski. Madam Secretary, please read the bill. ACTING SECRETARX RAWKER : Senate Bill 1271. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR WATSON) Senator Burzynski . SENATOR BUR ZYNSKI: Thank you, Mr. President. This bill provides that the Act does not prohibit the practice of physical therapy by a physical therapy student or physical therapist assistant student under the on-site supervision, instead of direct personal supervision, of a licensed physical therapist. I know of no opposition to the bill. Will try and answer any questions. PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Any discussion? If not r the question is, shall Senate Bill 1271 pass. Al1 khose in favor, vote Aye. Opposed, vote No. The voting is open. Have al1 voted who wish? Have al1 voted Who Wish? Have al1 voted who wish? Take the record . On that question , there are 54 voting Yes, no 68  STATE OF ILLINO IS 90TH GENERAL A SSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 voting No, no voting Present. Senate Bill 1271, having received the required constitutional majority, is declared passed. Senate Bill 1272 . Senator Burzynski . Madam Secretary , please read the bill.

Senate Bill 1272. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Thls bill is the same bill that we passed from this Chamber last year that got lost in the Illinois House. It was House Bill -- or, Senate Bill 859. And basically it amends the Act to exclude from regulation of the Act certain providers of health care services .

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

I have a question of the sponsor .

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

Senator, I don 't remember the bill from last year , buk the Digest says you are excluding certain providers of personal care and health care services . Who are they?

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.

Very -- very good question , Senator . Basically , what we 're talking about are in-home care providers, such as people that are i 69  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day March 24, 1998 -- work with the licensed hospital hospice program , those kinds of people that provide in-home health care services.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Further discussion? If not, khe question is, shall Senate Bill 1272 pass. Al1 those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Yes, no voting No, no voting Present. Senate Bill 1272, having received the required constitutional majority, is declared passed. Senate Bill 1279. Senator Tom Walsh . Madam Secretary , please read the bill. ACTING SECRETARY HAWRER I Senate Bill 1279. (Secreeary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh .

Thank you, Mr. President. The purpose of this bill is to provide the content requirements and a date by Which the State agencies are to report the results of the annual State Employees Charitable Appeals Campaign. This is to give the number of people and the amounts of money that are donated to various charitable organizations from different organizations of the State. And I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not r the question is , shall Senate Bill 1279 pass. All those in favor vote Aye . Opposed , vote No . The votin: is open . Have a1l voted who wish? Have all voted who wish? Have all voted Who wish? Take the record . on that question, there are 53 voting Yes, no voting No, no votinq Present. Senate Bill 1279, having received the 70 . 1 : ! j . l k a()lpc llxo slac 'La LIrsx le scv REGULAR SESSION SENATE TRANSCRIPT ! i 87th Legislatîve Day March 24, 1998 l 1 required constitutional majority, is declared passed. Senate Bill i 1280 . Out of the record . And we 're back to where we started . Is there any further business? Introduction of Bills, Madam ' Secretary . ACTING SECRETARY HAWKER : Senate Bi11 194:, offered by Senator Jacobs. (Secretary reads title of bill) lst Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Committee Reports. ACTING SECRETARY HAWKER : Senator Weaver, Chairman of the Committee on Rules, reports that the following Legislative Measures have been assigned: Referred to Educatlon Committee - Senate Amendment No. l to Senate Bill 1561: Senate Amendments 2 and 3 to Senate Bill 1664, and Senate Amendment No . 2 to Senate Bill 1892; referred to Executive Committee - Senate Amendment No. l to Senate Bill 1455, Senate Amendment No. 2 to Senate Bil1 1701, Senate Amendment No. 2 to Senate Bill 1838, and Senate Joint Resolution, Constitutional Amendment, 57; referred to Licensed Activities Committee - Senate Amendment No. l to Senate Bill 1625. PRESIDING OFFICER: (SENATOR WATSON) Is there any other further business to be brought before the Senate? If not, Senator Kehoe moves the Senate stands adjourned until 10 a om ep Wednesdaye March 25th. I 71 REPORT: TIFLDAY STATE OF ILLINOIS 98/04/08 PAGE: O01 90TH GENERAL ASSEMBLY 16:14:50 SEHATE DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 24, 1998 H8-2295 FIRST READING H8-2315 FIRST READIKG HB-2R11 FIRST READIKG HB-2Rk6 FIRST READING H8-2492 FIRST READIKG SB-1203 THIRD READIKG 58-1222 RECALLED 58-1223 SECOND READING SB-1224 THIRD READING :8-1225 THIRD READING SB-1260 THIRD READING SB-12T1 THIRD READING s8-1272 THIRD READING 58-1279 THIRD READING 58-1282 THIHD READING 58-1286 THIRD READIKG 58-1288 SECOKD READING 58-1292 SECOND READING 58-1305 SECOKD READING SB-1306 SECOND READING sB-130; THIRD READING :B-1313 SECOND READING SB-1315 SECOND READING 58-1331 THIRD READING 58-1338 THIRD READING SB-134T SECOHD READIKG SB-1349 SECOHD READING SB-1350 SECOND READING SB-1372 SECOND READING 58-1383 THIRD READING SB-138k THIRD READIKG 58-1387 SECOND READING SB-1k2: SECOND READING 58-1425 THIRD READIKG SB-1427 THIRD READING SB-1R30 SECOND READING SB-1R32 THIRD READING SB-1R71 THIRD READING 58-1505 THIRD READING SB-1506 THIRD READING sB-1507 THIRD READING SB-15O7 GBT ûF RECûRD 88-1508 THIRD READIKG 58-1527 SECOKD READING :8-1528 SECOND READING SB-15%R SECOKD HEADING 58-1547 THIRD READIKG 58-1557 SECOHD READING SB-1561 SECOND READING 58-1565 SECOND READING :B-156T EECOND READING 58-1568 SECOND READING 58-1598 THIRD READTNG 58-1599 THIRD READIKG 58-1602 SECOND READING sB-1617 SECOND READING 58-1622 SECOND READING SB-1657 THIRD READING . SB-1664 SECOND READING 58-1695 THIRD READING :8-1698 SECOND READING ' SB-17O7 SECOND READING . 58-1728 THIRD READING 58-1755 THIRD HEADING  gx &* r REPORT: TIFLDAY STATE OF ILLINOIS 98/04/08 PAGE: 002 90TH GENERAL ASSEMBLY 16:14:50 SENATE DAILY TRANSCRIPTION OF DEBATE IHDEX HARCH 24, 1998 SB-1889 :ECOND READING PAGE 15 58-1896 SECOND READING PAGE 16 SB-1897 SECOND READING PAGE 16 SB-19R0 FIRST READIHG PAGE 71 ' SJR-0057 RESOLETION OFFERED PAGE 65 ! SPBJECT HATTER SENATE TO ORDER - PRESIDENT PHILIP PAGE 1 PRAYER - PASTOR THOMAS RADTKE PAGE 1 1 PLEDGE OF ALLEGIANCE PAGE 1 JOPRNALS - APPROVED PAGE 1 MESSAGE FROH THE HODSE PAGE 1 MESSAGE FROM SECRETARX OF STATE PAGE 3 MESSAGE FROM HINORITY LEADER PAGE 3 COMHITTEE REPORT PAGE 17 i INTRODUCTIOH OF GPEST-SENATOR CRONIK PAGE 25 REMARKS BY HISS AMERICA 1998 KATE SHINDLE PAGE 26 I CQHHITIEE REPGRT PAGE 71 ADJOERNMENT PAGE 71 . 1 i i . i i i i I I . j i i i ' j