Illinois General Assembly Floor TranscriptsBrowseSenate91st GA

Illinois Senate Floor Debate — March 4, 1999

91st General Assembly (1999-2000) · Legislative day 16 · Regular Session
Chamber
Senate
General Assembly
91st (1999-2000)
Date
March 4, 1999
Legislative day
16
Session
Regular Session
Speaker turns
336
Original
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PRESIDENT PHILIP

The regular Session of the 91st 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 Herb Coates, Knox Knolls Free Methodist Church, Springfield, Illinois. Pastor Coates.

PASTOR HERB COATES

(Prayer given by Pastor Herb Coates)

PRESIDENT PHILIP

Please remain standing for the Pledge of Allegiance. Senator Sieben.

SENATOR SIEBEN

(Pledge of Allegiance, led by Senator Sieben)

PRESIDENT PHILIP

Reading of the Journal.

Harry (surname or first name uncertain)

Senate Journals of Wednesday, February 24th; Thursday, February 25th; and Friday, February 26th, 1999.

PRESIDENT PHILIP

Senator Myers.

SENATOR MYERS

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

PRESIDENT PHILIP

Senator Myers moves to approve the Journal just read. There being no objections, so ordered. Senator Myers.

SENATOR MYERS

Mr. President, I move that reading and approval of the Journals of Tuesday, March Znd, and Wednesday, March 3rd, in the year 1999, be postponed, pending arrival of the printed Journals.

PRESIDENT PHILIP

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Senator Myers moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There being no objections, so ordered. Committee Reports.

Harry (surname or first name uncertain)

Senator Klemm, Chair of the Committee on Executive, reports Senate Bill 932 Do Pass, and Senate Joint Resolution 3 Be Adopted. Senator Tom Walsh, Chair of the Committee on State Government Operations, reports Senate Bills 294, 421, 448, 466, 547, 745, 746 Do Pass, and Senate Bills 283 and 770 Do Pass, as Amended. And Senator Peterson, Chair of the Committee on Revenue, reports Senate Bills 248, 354, 451, 659, 747 Do Pass, and Senate Bills 38, 39 and 565 Do Pass. as Amended. Also, Senator Burzynski, Chair of the Committee on Licensed Activities, reports Senate Bills 287 and 452 Do Pass, and Senate Bill 658 Do Pass, as Amended. Senator O1Malleyr Chair of the Committee on Financial Institutions, reports Senate Bills 358, 447, 461, 815 and 890 Do Pass, and Senate Bill 446 Tabled by the Sponsor. And Senator Lauzen, Chair of the Committee on Commerce and Industry, reports Senate Bills 290, 402, 415, 565, 566, 667 and 879 Do Pass, and Senate Bill 85 Do Pass, as Amended.

PRESIDENT PHILIP

Senator Demuzio, favor what purpose do you rise?

SENATOR DEMUZIO

Thank you, Madam -- Mr. President, thank you. Like the record to reflect today that Senator Smith is absent due to illness, and Senator Rea is also absent today due to illness in the family. Thank you, sir.

PRESIDENT PHILIP

The record will so indicate, Senator. Senator Demuzio, for what purpose do you rise?

SENATOR DEMUZIO

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 You'll have to excuse me. I -- I couldn't see you there when you first called on me. There was -- was a big glare here.

PRESIDENT PHILIP

Thank you. Now, just for the point of information, we intend to go through the Calendar, starting at 2nds and going through 3rds today. So, please be in your seats and pay attention. On the top of page 2, Senate Bills 2nd Reading. Senate Bill 6. Senator O'Malley. Senate Bill 6. Senator O'Malley. Take it out of the record. Senate Bill 13. Senator Syverson. Senate Bill 13. Senator Syverson. Take it out of the record. Senate Bill {sic) Petka. Senate Bill 26. Senator Petka. Senate Bill 26. Take it out of the record. Senate Bill 29. Senator Parker. Take it out of the record. Senate Bill 31. Senator Sieben. Take it out of the record. Senate Bill 32. Senator O'Malley. Take it out of the record. Senate Bill 44. Senator Lauzen. Senate Bill 44. Senator Lauzen. Take it out of the record. Senate Bill 48. Senator Silverstein. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 48. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.

PRESIDENT PHILIP

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDENT PHILIP

3rd Reading. Senate Bill 71. Senator Sieben. Take it out of the record. Senate Bill 82. Senator del Valle. Senate Bill 82. Senator del Valle. Take it out of the record. Senate Bill 84. Senator Geo-Karis. Senate Bill -- take it of the record. Senate STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Bill 105. Senator Watson. Senate Bill 105. Senator Watson. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 105. (Secretary reads title of bill ) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.

PRESIDENT PHILIP

Have there been any further amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDENT PHILIP

3rd Reading. Senate Bill 110. Senator Clayborne. Take it out of the record. Senate Bill 117. Senator Luechtefeld. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 117. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health and Welfare adopted one amendment.

PRESIDENT PHILIP

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDENT PHILIP

3rd Reading. Top of page 3. Senate Bill 171. Senator Klemm. Take it out of the record. Senate Bill 185. Senator Syverson. Senate Bill 185. Senator Syverson. Take it out of the record. Senate Bill 204. Senator Rauschenberger. Senate Bill 204. Senator Rauschenberger. Take it out of the record. Senate Bill STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 206. Senator Radogno. Take it out of the record. Senate Bill 217. Senator Syverson. 217, Senator Syverson. Take it out of the record. Senate Bill 223. Senator Halvorson. Senate Bill 223. Senator -- take it out of the record. Senate Bill 242. Senator Cullerton. Senate Bill 242. Senator Cullerton. Please read the bill.

Harry (surname or first name uncertain)

Senate Bill 242. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.

PRESIDENT PHILIP

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDENT PHILIP

3rd Reading. Senate Bill 252. Senator Lauzen. Senate Bill 252. Senator Lauzen. Take it out of the record. Senate Bill 254. Senator Cullerton. Read the bill.

Harry (surname or first name uncertain)

Senate Bill 254. (Secretary reads title of bill 1 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.

PRESIDENT PHILIP

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDENT PHILIP

3rd Reading. Senate Bill 268. Senator Parker. Take it out STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 of the record. Senate Bill 376. Senator Cronin. Take it out of the record. Senator Syverson, for what purpose do you rise?

SENATOR SYVERSON

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

PRESIDENT PHILIP

State your point.

SENATOR SYVERSON

Like to welcome a group of high school students behind the Democratic Gallery, from Belvidere High School, in Boone County, up by Rockford. Like to welcome them.

PRESIDENT PHILIP

Yes. If they would please rise and be recognized by the Senate. Could we have a little order, please? Thank you. Senate Bill 289. Senator Silverstein. Read the bill, please.

Harry (surname or first name uncertain)

Senate Bill 289. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDENT PHILIP

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

Harry (surname or first name uncertain)

Amendment No. 1, offered by Senator Silverstein.

PRESIDENT PHILIP

Senator Silverstein.

SENATOR SILVERSTEIN

This was a technical drafting amendment that was offered, Mr. President.

PRESIDENT PHILIP

Is there any further discussion? Senator Silverstein moves the adoption of Amendment No. 1 to Senate Bill 289. All those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 it. The amendment is adopted. Have there been any other Floor amendments that have been approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDENT PHILIP

3rd Reading. Senate Bill 315. Senator Link. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 315. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDENT PHILIP

3rd Reading. Senate Bill 323. Senator Parker. Take it out of the record. Senate Bill 324. Senator Maitland. Senate Bill 324. Senator Maitland. Take it out of the record. Senate Bill 351. Senator Geo-Karis. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 351. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDENT PHILIP

3rd Reading. Top of page 6. Senate Bill 740. Senator Burzynski. I'm sorry. The pages stuck together. I skipped a page. At top of page 4, Senate Bill 363. Senator Walsh. Take it out of the record. Senate Bill 380. Senator Dillard. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 380. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDENT PHILIP

3rd Reading. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senate Bill 391. Senator Dillard? Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

Senate Bill 391. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 392. Senator O'Malley? Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

Senate Bill 392. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 393. Senator O'Malley. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 393. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Parker, on Senate Bill 394. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 394. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments approved for consideration? STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 396. Senator Geo-Karis. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 396. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 398. Senator Petka? Senate Bill 398. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

Senate Bill 398. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 401. Senator Hawkinson? Senator Hawkinson on the Floor? Would you like your bill heard, sir? Out of the record. Senate Bill 404. Senator Dillard? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 404. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 405. Senator Dillard? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 405. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 430. Out of the record. Senate Bill 441. Senator Cronin? Senator Cronin on the floor? Out of the record. Senate Bill 459. Senator Silverstein. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 459. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 462. Out of the record. 463 and 464, out of the record. Senate Bill 465. Senator Berman. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 465. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator O'Daniel, on Senate Bill 474. Please read the bill.

Harry (surname or first name uncertain)

Senate Bill 474. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 480. Senator O'Malley. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 480. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 3rd Reading. Senate Bill 481. Senator Petka? Senator Petka. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 481. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 485. Senator Petka. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 485. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 504. Senator Cronin? Senator Dan Cronin on the Floor, please? Would you like your bill heard, sir? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 504. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 542. Senator Dillard? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 542. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 549. Senator Trotter? Senator Trotter on the Floor? Out of the record. Senate Bill 570. Senator Hawkinson? Please read the bill. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999

Harry (surname or first name uncertain)

Senate Bill 570. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 572. Senator Tom Walsh? Tom Walsh. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 572. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 574. Out of the record. Senate Bill 643. Senator Munoz? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 643. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 678. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

Senate Bill 678. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 725. Senator Luechtefeld? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 725. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 730. Please read the bill.

Harry (surname or first name uncertain)

Senate Bill 730. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 731. Please read the bill.

Harry (surname or first name uncertain)

Senate Bill 731. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 740. Please read the bill.

Harry (surname or first name uncertain)

Senate Bill 740. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 741. Senator Fawell. 741, ma'am. ...read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 741. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 3rd Reading. Please read the bill, on Senate Bill 751, Mr. Secretary.

Harry (surname or first name uncertain)

Senate Bill 751. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 753. Senator Radogno? Senate Bill 753. Out of the record. Senator Burzynski, for what purpose do you rise, sir?

SENATOR BURZYNSKI

Thank you, Mr. President. For purposes of announcement.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) State your announcement, sir.

SENATOR BURZYNSKI

Thank you. If I could have just the attention of the Ladies and Gentlemen of the Senate for just a brief moment. We have -- for the purpose of an announcement, we have a person who's been serving on the Senate Staff for the last several years, most recently as the staffer for the Licensed Activities Committee, Mr. Erik Dillman, who is leaving us tomorrow. He's headed over to the Attorney General's Office where we'll be seeing him. He'll be serving as a liaison. And so I would like for the Senate to recognize him for the work he's done and either congratulate Erik or -- on going to the Attorney General's Office, or congratulate me on him leaving Licensed Activities. But I'd like for Erik to be recognized?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Erik, why don't you wave your hand back there. Good luck. Hate to lose good people. We will now go to Executive Session for the purpose of advice and consent. Senator Petka.

SENATOR PETKA

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Thank you, Mr. President. I move the Senat e resolve itself into Executive Session for the purpose of acting on the Governor's appointments set forth in his Message of January 27th, 1999, and February 2nd, 1999.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) You've heard the motion. All in favor, say Aye. Opposed, Nay. 'Motion carries, and we are now in Executive Session. Mr. Secretary, Committee Reports.

Harry (surname or first name uncertain)

Senator Petka, Chair of the Committee on Executive Appointments, to which was referred the Governor's Message of January 27th, 1999, reported the same back with a recommendation that the Senate advise and consent to the following appointments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka.

SENATOR PETKA

Mr. President, with respect to the Message of January 27th, 1999, I will read the salaried appointments of which the Senate Committee on Executive Appointment recommends that the Senate do advise and consent.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka, I'm going to ask for a little order so you can be heard, sir. You may proceed.

SENATOR PETKA

Thank you, Mr. President. To be the Director of the Environmental Protection Agency for a term ending January 15, 2001, Thomas V. Skinner of Lake Bluff. To be the Director of the Department of Human Rights for a term ending January 15th, 2001, Carlos J. Salazar of Chicago. To be the Director of the Department of State Police for a term ending January 15, 2001, Sam W. Nolen of Springfield. Mr. President, having read the salaried appointments from the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Governor's Message of January 27th, 1999, I now seek leave to consider the appointments of January 27, 1999, on a roll call. And, Mr. President, will you put that question as required by our rules?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion on the question? Any discussion? Is there any discussion? If not, the question is, does the Senate advise and consent to the nominations just made? 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? ...the record. There are 57 voting Yes, no voting no, and no voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made? Senator Petka. Committee Reports.

Harry (surname or first name uncertain)

Senator Petka, Chair of the Committee on Executive Appointments, to which was referred the Governor's Message of February 2nd, 1999, reported the same back with a recommendation that the Senate advise and consent to the following appointments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka.

SENATOR PETKA

Mr. President, with respect to the Message of February 2nd, 1999, I will read the salaried appointments of which the Senate Committee on Executive Appointments recommends that the Senate do advise and consent: To be Assistant Director of the Department of Agriculture for a term ending January 15, 2001, Joan Messina of Springfield. To be the Director of the Department of Central Management Services for a term ending January 15, 2001, Michael (S.) Schwartz of Springfield. To be the Assistant Director of the Department of Central STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Management Services for a term ending January 15, 2001, Gertrude Jordan of Chicago. To be the Assistant Director of the Department of Central Management Services for a term ending January 15, 2001, Glenn Good of Chicago. To be the Assistant Director of the Department of Commerce and Community Affairs for a term ending January 15, 2001, Lourdes Ortiz of Chicago. To be the Director of the Illinois Emergency Management Agency for a term ending January 15, 2001, Michael Chamness of Rochester. To be the Assistant Director of the Department of Insurance for a term ending January 15, 2001, Madelynne Brown of Chicago. To be Assistant Director of the Department of Public Aid for a term ending January 15, 2001, David Citron of Highland Park. To be Assistant Director of the Department of Public Health for a term ending January 15, 2001, Mark Schmidt of Chatham. To be Assistant Director of the Department of Revenue for a term ending January 15, 2001, Patricia Marriott of Springfield. To be Assistant Secretary of the Department of Transportation for a term ending January 15, 2001, Joseph Banks of Chicago. To be the Director of the Department of Veterans Affairs for a term ending January 15, 2001, General John Johnston of Springfield. To be Assistant Director of the Department of Veterans Affairs for a term ending January 15, 2001, George Cramer of Woodridge. Mr. President, I now seek leave to consider the appointments of January -- or, excuse me, February 2nd, 1999, on a roll call. And, Mr. President, will you please put that question as required by our rules?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, does the Senate advise and consent to the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 nominations just made? Those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yes, no voting No, no voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Senator Petka.

SENATOR PETKA

Mr. President, I move that the Senate arise from Executive Session.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) You have heard the motion. Those in favor, say Aye. Opposed, Nay. Motion carries. ...Floor, we go to page 6, Senate Bills 3rd Reading. We are on page 6. Senate Bills 3rd Reading. Senate Bill 10. Senator Fawell. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

Senate Bill 10. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR FAWELL

Thank you very much, Mr. President. This is the assistant {sic) (assisted) living bill that I'm sure many of you have heard about. This bill has been in the making for approximately three years. We have had numerous meetings with just about anybody and everybody who is interested, and I think we've now come up with a bill that is an excellent bill and that there is a great deal of support for. Basically what the assistant {sic) living bill does is it sets up a -- a series of services that a facility can offer to people who are not ready for a nursing home but, frankly, shouldn't be left by themselves. These are our senior citizens STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 who are frail, may need some assistance in their everyday life, but certainly are able to function, can make decisions and, with a little bit of help, can stay in our community and -- and help those of us who can use their knowledge and wisdom as we get older. It requires that it is a community-based residential care and health-related services must be available twenty-four hours a day. We have narrowed considerably what the services that are available will be so that we do not end up with an unlicensed nursing home. The mandatory services, whether provided directly by the establishment or by another entity arranged by the establishment, include three meals per day, housekeeping services, personal laundry and linen services, twenty-four-hour-per-day security, an emergency conununication response system, and assistance with activities of daily living. The activities of daily living are eating, dressing, bathing, toiletry {sic} (toileting), transferring - that means helping out of bed, that type of thing - or personal hygiene. The physical environment standards require a homelike setting which includes individual living units which contain p~ivatebathing, washing, and toilet facilities, or private washing and toilet facilities with a common bathing room accessible to each residence (sic} (resident). There is also a definition of shared housing for those who are -- want to live in a residence of fewer than thirteen persons and at least eighty percent of whom will be fifty-five years or older and are unrelated to the owners or managers, and that directly provides or contacts {sic} with another entity with the consent of the resident or resident's representative for the provision of the mandatory services. As they enter into these establishments, it is required that a contract be drawn up so that both the provider and the client will understand exactly what they are paying for. This is not a Public Aid- or Medicaid-type facility. This is a facility where it is a private-pay. We have a very large bill, to STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 tell you the truth. I think it's up to -- over sixty pages. I don't think you want me to go into all the details, but if you want to ask any questions, I will be more than happy t0 attempt to answer them.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) There's a significant number that have asked for recognition. WAND-TV has asked leave to videotape the proceedings. Is leave granted? Any objection? Hearing none, leave is granted. Senator Hendon.

SENATOR HENDON

Thank you, Mr. President. I just stand in strong support of this outstanding legislation and urge an Aye vote for its passage. I want to commend the sponsor for her diligent work in helping our senior citizens who want to stay in a private environment.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR LAUZEN

Thank you, Mr. President. I also would join Senator Hendon in applauding our colleague on the diligent work that she's done for seniors and I certainly support you in your initiative. I think that it's good that we're helping folks stay at home where -- where it's less expensive and where people prefer to be as they grow older. Can you describe how you've narrowed the eligibility for the program?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR LAUZEN

And then I just have one other question.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Excuse me. Senator Fawell.

SENATOR FAWELL

We've narrowed the medical and this is done by a physical that STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 will be given before they enter into the facility, to make sure that they are appropriately in the -- in the facility. We certainly do -- do not want to have someone in there that is inappropriate. It prohibits the acception of any resident if, one, the person poses a serious threat to self or others; two, the person is not able to commun.icate needs and no representative has been designated for direct care; three, the person requires total assistance with two or more activities of daily living, which includes eating, dressing, bathing, toileting, transferring or personal hygiene - there is an exception for the Alzheimer's patients until they get to the point where they need to be transferred; four, the person requires the assistance of more than one paid caregiver at any given time with an activity of daily living; or, five, the person requires more than minimal assistance in moving to a safe area in an emergency; or, six, if the person has a severe mental illness as defined in the Act. There are a total of fifteen. Would you like me to go on?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) I think you've done an outstanding job. Senator Lauzen.

SENATOR LAUZEN

Thank you, Senator. Is there an estimate about whether this is going to save or cost the State taxpayer funds, and what would the estimate be?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR FAWELL

No. I will tell you that I serve on the Senior Council. The Department of {sic} (on) Aging did a survey among the nursing home residents a couple of years ago and came back with the estimate that between fifteen and twenty percent of the people who are presently in the nursing homes should really not be there, that this would be a much more appropriate setting for them. As many STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 of you know, the -- on the average, the senior that goes into a nursing home is bankrupt within nineteen months, and then the average senior must be supported by the State for two and a half years, until such time as their demise. I think, in a roundabout way, this will save the State a great deal of money.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR LAUZEN

Thank you, Senator. One -- one other question. How do you respond to folks back home who voice a concern that providing funding for these purposes and paying for these services will drive out volunteer work, what -- you know, putting government money in the place of what used to be volunteer work?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR FAWELL

...have specifically sa.id in the bill, this is not government-funded. This is for private-pay patients. What I'm trying to do is to make sure that it is affordable for the widow who is trying to live on Social Security.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR SHAW

Yes. Thank you, Mr . President. Just for the record, Senator, Amendment No. 2 is a -- is an amendment that the City offered on this piece of legislation. Is that a fact?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR FAWELL

Yes, it is, and it is in the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further -- Senator Shaw. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999

SENATOR SHAW

The -- is there -- do you expect further negotiations to take place on this legislation before -- to put it in its final form?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR FAWELL

You know, to tell you the truth, I've never heard from the City one way or the other. They did offer the amendment. I did accept the amendment, and that seemed to satisfy them.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

SENATOR SHAW

It -- it's my understanding that the City is still somewhat opposed to certain provisions of the bill, and certainly they are willing to work with you on the legislation. So if it passed out of here today, certainly between here and the House, that they could come up and we -- the City, along with yourself and others, could reach some agreement to put this bill in a final form that would be compatible to what the City is look ing for.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR FAWELL

I'll be more than happy to talk to anyone who comes to me, but, frankly, they have never called me, talked to me, or even talked to me about the bill.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR GEO-KARIS

Mr. President and Ladies and Gentlemen of the Senate, this very -- the essence of this very bill was debated all year long. I have to commend Senator Beverly Fawell for her patience, her understanding and her consideration and compassion. This is a STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 very compassionate bill. People are getting older. I ought to know, I'm one of them. However, the goal of this Act is to operate and assist living -- with the assisted living facilities as residential environments that encourage family and community support, and they offer supportive services designed to meet the individual resident's changing needs and preferences. The AARP is fully in support of this bill, and they ought to know - they're older than fifty-five. I'm a little older than fifty-five. I won't tell you how much older, but, anyway, I feel much younger. But, anyway, the assisted living is defined as a home or building that provides sleeping accommodations for -- for at least three or more unrelated adults. And I can tell you, in my area, they're -- they're very much needed. I've had calls about these facilities - when are we going to be able to have them, we need them. And I certainly urge favorable consideration. I think -- if I recall, when the Senate passed Senator Fawell's bill, which is like this one, last year, it got 53 votes out of the Senate and it was held by the darned House, and I hope the House has more wisdom now and passes this bill once we do. I certainly urge favorable consideration and, again, I commend Senator Fawell for all her hard work, under very stressful conditions, for this bill.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR PARKER

Thank you, Mr. President, Members of the Senate. I just want to commend, also, Senator Pawell, and I have been a part of the -- the committee that's been on that. She has been extensive in her negotiations, and one important point that we talked about was whether this should be taken to the Department on Aging instead of the Department of Public Health. This bill takes it to the Department on Aging. That's a very important point. They have the flexibility, they work with the aged. We are not to be STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 putting people into the nursing environment. We are trying to keep them self-sufficient as long as they can be. So I would hope that this bill, when it leaves the Chamber, can go as it is through the House. If there's anything with the City of Chicago, certainly they should be there; they haven't been there so far. But I do commend the sponsor of this bill.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR BOMKE

Thank you, Mr. President. I, too, rise in support of this bill. You know, you learn a lot of things around here. I did not realize that Senator Geo-Karis was over fifty-five. I applaud the sponsor of this bill. It is a great bill. You know, too often, those who can no longer live independently have found themselves in the -- in the past having to go to a nursing home and finding their estates devastated. This bill goes a long way in correcting that, allowing people to have somewhat of an independence without total devastation of their estates. And, again, I applaud the sponsor.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR OBAMA

Thank you, Mr. President, Ladies and Gentlemen of -- of the Senate. I just rise in support of this bill. Senator Fawell has done a wonderful job working with a whole host of parties on this issue. I know that there's some Members on our side of the aisle who are concerned about listed opposition by the City of Chicago on this bill. I must say that the City has not been very clear on what exactly their concerns were. They came in somewhat late in the game. They have not expressed a strong opposition; although, they -- when it was heard, they filed a slip, but, in fact, never initiated any witnesses -- never provided any witnesses to STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 describe exactly what their concerns were. I -- I think it's a good bill. There are two areas of concern that we had talked about in committee. One was, who was -- what agencies were going to administer the bill, whether it was going to be the Department of {sic) Aging or the Department of Public Health, and there was also a concern with respect to certificates of need. Senator Fawell, I would just ask whether any of those issues have been yet resolved and whether there are any plans to have further discussions about those two issues.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR FAWELL

Thank you very much. I imagine there will be further discussions, at least over in the House. The Department of Public Aid did put a slip in in support of this bill as written. The reason that I -- I said that I thought it should be the Department of {sic) Aging is for a couple of reasons. Number one, cost - I'm trying to keep the cost of these establishments down so that the average senior citizen can afford it and not just the one who can put a hundred and twenty-five, hundred and fifty, up to two hundred thousand dollars down for a room. I have several of those facilities in my district that cost a great deal of money to get into and, frankly, cost a great deal of money to stay in. That's -- that's fine. I have one, in fact, that actually lists the cruises that are leaving every week from -- from Miami. I would feel that it would be impossible for me to enter some of these -- these facilities that are in my district because I don't have the money, and I've got a lot more money than -- than a lot of my seniors that are attempting to live on Social Security. Public Health, by federal law, must require certain building requirements, must require certain things that are going to add to the total cost. I also feel that we are talking about a social STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 model; we are not talking about a medical model. These are not people that need acute care...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Are you closing, Senator? We have one other speaker.

SENATOR FAWELL

All right.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Let me just -- let's call on Senator Syverson. For what purpose do you rise, sir?

SENATOR SYVERSON

Thank you. Just, again, I rise in support of this bill, as well. I'd like to congratulate Senator Fawell for the years of work that she did on this. I would be remiss, however, if I at least didn't bring up the concerns that have been brought up over the last couple years, that under this program, we are setting up -- we are going to have a -- limited regulations and limited safeguards in these facilities. This is going to lead, unfortunately, to individuals being taken advantage of. This is going to lead to conflicts down the road. But I think it's important for the record that we state that these limitations, these regulations, this legislation is supported by AARP and all the senior advocacy groups that were down here. And they were the ones who agreed to the language that are in these bills. If problems arise in the future, I certainly don't want them coming back and saying it was the Legislature who pushed these regulations. So, for the record, I think it's important that -- that that be noted. And the last thing, I'll just -- I'm concerned that Senator Fawell continues to talk about how she wants to go on the cruises when she gets into these facilities. Is this a conflict of interest, that she's supporting something that she's intending to use?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Is there any other discussion? Senator Fawell, to close.

SENATOR FAWELL

Thank you very much. This will not only be looked over by the Department of {sic) Aging, but there will be representatives on a board from the following State agencies: Public Health, Public Aid, Human Services, the Office of the State Fire Marshal, and there will be a State Ombudsman, a representative from the Area Agencies on Aging, one member selected from recommendations from the home health organizations, two representatives from the assisted living establishments, three members selected from recommendations from consumer organizations, one physician, one registered nurse, and two citizen members with expertise in geriatrics. Those that are in support of it -- of this bill, as written, is: AARP, the Department of Public Health, Alzheimer's, Catholic Conference, the Franciscan Villages, the Jewish Federation. There's a total of about twenty agencies, and there are forty of you that have come on as cosponsors. So I ask that you please vote Yes.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 10 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 57 voting Yes, no voting No, no voting Present. Senate Bill 10, having received the required constitutional majority, is declared passed. Senator Jones, for what purpose do you rise?

SENATOR E. JONES

A point of personal privilege, Mr. President.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR E. JONES

I, too, would like to take this opportunity to commend the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 sponsor of this bill to deal with a serious issue facing seniors throughout the State of Illinois, and I commend her for all the work that she's done. But as I look at the Calendar and I look at the bills on 3rd Reading, and I see very few bills on 3rd or 2nd Reading that were sponsored by Members on this side of the aisle. I raised the question in the Exec Committee yesterday, and I asked had the committee changed its name, because all the bills practically went into what you call a subcommittee. Now, having been around this Body a long time, I know subcommittees are used as an official burial ground. There are many great ideas, just like the bill we just voted on, and they're sponsored by Members on this side of the aisle, and they've been sent to subcommittee. Now, in in a -- in a legislative body, great ideas come from people from all walks of life; however, in a spirit of cooperation, we recognize that you have the majority, but you should not trample on the great ideas that Members on this side of the aisle have just because you have the majority and we're in the minority. The bills that Members of this side of the aisle have sponsored should be given the same proper hearing in a timely manner so that those bills can be presented to the -- to the Senate Floor. But if you're going to use the standing committees to kill bills from Members on this side of the aisle, you're playing a very dangerous game. And I don't see the Senate President on the Floor, but there is going to come a time when you're going to need support on this side of the aisle for other issues that some of your Members cannot vote for or other budgetary items. So as I look at the Calendar of all the bills that's posted for next week, and recognizing what has happened in the past, if the same procedure continue, then I see no reason why Members of this side of the aisle should even attend the committee hearings or even be here to vote on your bills. Let's quit playing this silly game and give all Members an opportunity to STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 have their bills heard, have their bills voted on, in a proper fashion. Because if you continue to work in this vein, you're only hurting yourselves. You're hurting the people of the State of Illinois because there are many great ideas, great bills in committee that you, for only political reasons, voted to put them in subcommittee. So, Mr. President, I know you're in the office, and I would suggest that you talk to your chairmen because I am quite certain they will not do these things on their own. They have to have some directions. And I urge you to urge them to do the proper thing and give each Member the proper time to have their bills heard in committee, just as we heard Senate Bill 10 and other great ideas.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Point well-taken. Thank you. We're on page 6, Senate Bills 3rd Reading. Senate Bill 17. Senator Rauschenberger? Out of the record. Senate Bill 20? Out of the record. Senate Bill 30. Senator Radogno? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

Senate Bill 30. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Radogno.

SENATOR RADOGNO

Thank you. This bill pertains to respiratory care therapists. It will require that as of January lst, the year 2000, any respiratory care therapists that come in from out of State are required to be licensed at that time. It also will put respiratory care therapists as those that must report both child abuse and elder abuse. And finally, for perpetrators of elder abuse, it will be cause for discipline under this Act. I would be happy to try to answer any questions and ask for your support. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 30 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And Senate Bill 30, having received the required constitutional majority, is declared passed. Senate Bill 33. Senator Watson, Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

Senate Bill 33. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

SENATOR WATSON

Yes. Thank you, Mr. President. This bill comes to us from the Bi-State Development Agency, which is what it says - Bi-State. That's Missouri and Illinois. And the legislation does exactly what it says here in the Calendar, and we have to mirror what -- legislative effort on Missouri, so that's what this is. There was no opposition. It's got bipartisan support from all of us in the metro east area, and I'd urge your support.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR JACOBS

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

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR JACOBS

Senator, I think what you're doing is -- is great. I don't STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 have any qualms with it, I guess I'm just curious as to why you didn't include all bi-state groups that border the other states. I know we have one and I know you have one. And just curious. Would you be adverse to something in the House that may include other bi-state groups?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

SENATOR WATSON

If that language is needed by, I guess, in your area, Iowa and Illinois. That -- that would be no problem. It's just the Missouri bi-state group came to us with this.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is, shall Senate Bill 33 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 33, having received the required constitutional majority, is declared passed. Senate Bill 34. Senator Radogno. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

Senate Bill 34. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Radogno.

SENATOR RADOGNO

Thank you. Three years ago we passed an Act that allowed new construction to come on the tax rolls at the date of completion as opposed to the following January lst, and this bill simply mirrors that with respect to the homeowners' exemption, to allow homeowners to take that exemption on the same pro-rated basis. I STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March would ask for your support and try to answer any questions

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 34 -- I beg your pardon. Senator Berman.

SENATOR BERMAN

Thank you, Mr. President. Just for point of clarification. There was an amendment. With the amendment, the Cook County Assessor is in support of this bill, am I correct?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Radogno.

SENATOR BERMAN

Thank you.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any further discussion? Any further discussion? If not, the question is, shall Senate Bill 34 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted' who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yes, no voting No, no voting Present. Senate Bill 34, having received the required constitutional majority, is declared passed. Senate Bill 45. Senator Parker? Out of the record. Senate Bill 52. Senator Weaver? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

Senate Bill 52. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver.

SENATOR WEAVER

Thank you, Mr. President and Members of the Senate. Senate Bill 52 is taking care of a wrongful death that was awarded -- a 33 STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 judgment was awarded in Arcola Township for three million two hundred thousand dollars and they only had a million one hundred thousand in insurance; therefore, the township had to -- was compelled to issue a bond issue to satisfy the difference. Now, this township is in a TIF district, and under the current law, the TIF district, the municipality, captures all of the tax generated by the increase in the assessed valuation of the parcels within the TIE' to pay for improvements that generated the increased value. So this would basically say that all the money levied for the payment of this award would be going to the township rather than to -- part of it to the TIF district. So if anyone has any questions, I'll be happy to try to answer them.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 52 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 Yes, 1 voting No, 1 voting Present. Senate Bill 52, having received the required constitutional majority, is declared passed. Senator Parker, on Senate Bill 55. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

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

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.

SENATOR PARKER

The Early Retirement Act was first enacted in 1979. It sunsets every five years and is due to sunset June 30th, the year 2000. Senate Bill 55 merely extends the early retirement option to the year 2005. It has passed out of the Pension Laws STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Commission twice and unanimously out of Insurance and Pensions. I would ask for a favorable vote and answer any questions.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 55 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? ...the record. On that question, there are 57 voting Yes, no voting No, no voting Present. Senate Bill 55, having received the required constitutional majority, is declared passed. Senate Bill 70. Senator Radogno? Out of the record. Senate Bill 98. Senator O'Malley? Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

Senate Bill 98. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O'MALLEY

Mr. President, thank you. Senate Bill 98 permits a credit union to change its principal Illinois place of business upon forty-five days written notice to the Department to Financial Institutions, rather than being required to obtain formal permission from the Department. This legislation had an amendment to it in committee that represented an agreement concerning any opposition to the bill, and I would be happy to answer any questions there may be.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR DEMUZIO

Are -- are you saying, by virtue of this bill, Senator, that a credit union can move wherever it wants to with -- how much notice STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 was it? Forty -- forty-five-day notice?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O'MALLEY

Yes. Senator Demuzio, it requires forty-five days written notice to the Department of Financial Institutions.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio.

SENATOR DEMUZIO

Is there any place where they cannot move to? Can they move next to a bank or savings and loan or out in front of a bank or savings and loan, on the parking lot or in the same building?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O'MALLEY

Senator Demuzio, the -- the only restriction on them would be that they must stay within their community that they are serving. The concerns of other financial institutions were addressed, as I indicated, in a committee amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio.

SENATOR DEMUZIO

Why don't we do this for banks and savings and loans and all the others and let them move wherever they want to move without notice? Department may have trouble finding some of these folks. Some -- by the time they open up their mail, they'll be moving somewhere else. Do they have to stay there after forty-five days for a certain period of time, or can they decide, oh, we could move somewhere else right away?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O'MALLEY

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Senator Demuzio, if you would be interested in proposing any legislation as you've suggested, I'd be happy to consider working with you on it.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio.

SENATOR DEMUZIO

Well, I'm not necessarily in -- in favor of affording the credit unions, or anybody else, for that matter, to automatically decide where they're going to go within their service area and do so without prior approval of the -- of the Financial Institution's people that we have -- that are supposed to have jurisdiction over these matters.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? If not, Senator O'Malley, to close.

SENATOR O'MALLEY

Well, again, thank you, Mr. President. And the questions that were raised by Senator Demuzio were well-intentioned. The only thing I would add is that there was no opposition from the Department to this initiative. It does require written notice. And, as I said, every effort was made through a negotiating process to come up with a -- an amendment that addressed the concerns expressed by any opposition to the legislation. So I'd seek your favorable support.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Question is, shall Senate Bill 98 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yes, 1 voting No, no voting Present. Senate Bill 98, having received the required constitutional majority, is declared passed. Senate Bill 109. Senator -- out of the record. Senate Bill 122. Senator STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Burzynski. Out of the record. 123. Out of the record. 126. Out of the record. And 127, out of the record. Senate Bill 146. Senator Peterson. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

Senate Bill 146. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson.

SENATOR PETERSON

Thank you, Mr. President. Senate Bill 146 is the third of the three bills that I mentioned to you before and we passed out of this Chamber regarding the circuit court action in Cook County in the case of Oak Park Arms Associates versus Whitley. 146 would reenact certain sections of the General Obligation Bond Act, the Build Illinois Bond Act, State Finance Act, the Baccalaureate Savings Act which were included in Public Act 85-1135. The bill would validate bonds issued and actions taken in reliance on those sections and provisions and would affirm State obligations under those bonds issued. The bill would therefore have no impact on the State general obligation debt. In short, Senate Bill 146 states that Public Act 85-1135 is legal and binding legislation regardless of any legal challenges that may -- that may be made against it in the future.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 146 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And Senate Bill 146, having received the required three-fifths majority, is declared passed. Senate Bill 163. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Senator Watson. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

Senate Bill 163. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.

SENATOR WATSON

Yes. Thank you, Mr. President. This is another piece of legislation, does exactly what the Calendar says. It provides for -- the Department of Natural Resources shall recognize and preserve and promote recreational hunting and trapping. It just expands the mission statement of the Department and there is no opposition, and ask for your support.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 163 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And Senate Bill 163, having received the required constitutional majority, is declared passed. Senate Bill 164. Senator Fawell. Senate Bill 203. Senator Rauschenberger. Senate Bill 218. Senator del Valle. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

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

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. This bill requires DFI, Department STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 of Financial Institutions, in cooperation with an organization representing consumer credit counseling organizations to prepare a statement which describes the services of such organizations and make that statement available to consumers at the time of the loan.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 218 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 57 voting Yes, no voting No, no voting Present. Senate Bill 218, having received the required constitutional majority, is declared passed. Senator Tom Walsh, on Senate Bill 249. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

Senate Bill 249. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh.

SENATOR T. WALSH

Thank you, Mr. President. Senate Bill 249 permits the Secretary of State to charge a filing fee for broker liens filed with them. It requires the broker seeking to enforce a lien to name as defendants all persons actually or constructively known to him to have an interest in the property which is the subject of the lien. Where the lien is against real property, requires that the lien be filed with the recorder of deeds of the county where the property is located. I don't know of any opposition to the bill, and I would ask for a favorable roll call.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Hawkinson. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999

SENATOR HAWKINSON

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

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR HAWKINSON

Senator, how is someone constructively known to you?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh.

SENATOR T. WALSH

The -- the answer to that is if you knew or should have known that it is a person that -- that should have been named.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

SENATOR HAWKINSON

What -- what standard is there in the Act for what you should have known? Is that a search of the records in the recorder's office, Secretary of State? How -- how are you to know this?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh.

SENATOR T. WALSH

It would be a search of the -- of the documents in the -- in the -- in the business lien sale.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR SILVERSTEIN

Would this require a lien be put on, like, a UCC filing on -- on the business? Is that what this is enacting?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh.

SENATOR T. WALSH

This is -- this is a business broker's lien. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any other discussion? There any other discussion? If not, the question is, shall Senate Bill 249 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yes, no voting No, 1 voting Present. Senate Bill 249. having received the required constitutional majority, is declared passed. Senate Bill 251. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

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

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

SENATOR DONAHUE

Thank you very much, Mr. President, Members of the Chamber. This is a bill that we had during the Veto Session and we were -- we passed it unanimously, and it did not make it -- or, it didn't really get considered in the House. There wasn't time to do it. But what this does is it provides benefits and health insurance benefits for survivors and spouses of employees at the Cooperative Extension Service. Many years ago, many years ago, they were forced and not given the option to go under the federal retirement -- benefit retirement program, and what happened, in 1984 we changed that, put them under SURS. So this is a -- a limited group of people. It is for their survivors and their spouses, and it's a very important bill. It's a bill dealing with fairness, and I would ask for your support again.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 251 pass. All those in favor, vote STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT , 16th Legislative Day March 4, 1999 Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yes, no voting No, no voting Present. Senate Bill 251, having received the required constitutional majority, is declared passed. Senate Bill 257. Senator Cullerton? Out of the record. Senate Bill 258. Senator Cullerton. Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

Senate Bill 258. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.

SENATOR CULLERTON

Thank you, Mr. President and Members of the Senate. This bill deals with condominiums. Amends the Forcible Entry and Detainer Act to provide for a joinder of concealed and unknown occupants of condominium units as additional defendants in actions against a defaulting unit owner. In numerous cases, associations have been unable to enforce judgments for possession against defaulting unit owners because these unit owners turn over possession to unknown occupants and the sheriff is not enforcing the writs against these people who are not named in the judgment. The amendment provides proceedings to expeditiously add these people to the suit against the unit owner as they are discovered, at the same time respecting their due process notice and opportunity to be heard requirements. Comes from the Chicago Bar Association. Be happy to answer any questions and ask for your vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Tom Walsh.

SENATOR T. WALSH

Thank you, Mr. President. Senator, does former Representative STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Ellis Levin have a position on this bill that you know of?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.

SENATOR CULLERTON

Yeah, I'm going to assume that former Representative Levin would be opposed to this bill, if that helps.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any further discussion? Any further discussion? If not, the question is, shall Senate Bill 258 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 57 voting Yes, no voting No, no voting Present. Senate Bill 258, having received the required constitutional majority, is declared passed. Senate Bill -- 288, excuse me. Out of the record. Senate Bill 321. Senator Rauschenberger? Out of the record. Senate Bill 322. Senator Donahue? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

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

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

SENATOR DONAHUE

Thank you, Mr. President, Members of the Senate. Senate Bill 322 amends the Nursing Home Care Act, and I think you're going to have a few of these this year, but what this does is it creates a new category or classification of employee. It's a resident attendant, and it's there to help assist nurses and CNAs in our nursing homes to do limited type work: feeding, hydrating, certainly personal hygiene type things. And it's just to add that extra person to do some of the necessary things that we have need STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 for in our nursing homes. The problem really is being able to hire enough people to do this that are certified nurse assistants. And this has nothing to do with their staffing requirements. It is just something a little bit more than a volunteer. They have to have training programs, be trained in this area, and they will be subject to the background check, all the thing -- everything else. It's just that it gives them another category, if you will, to be able to provide the necessary care for the residents of our nursing homes. This is a very important bill, and I would ask for your support.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR BURZYNSKI

Will the sponsor yield? PRESIDING OFFICER: (SENATOR WATSON 1 Sponsor indicates she'll yield, Senator Burzynski.

SENATOR BURZYNSKI

Thank you. Is there any opposition to the bill?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

SENATOR DONAHUE

Yes, there is. The Illinois Nurses' Association have put in a slip against. Their concern is that the director of nursing or the nurses will have to watch and supervise this person, but the care has to be done and -- and they just put in their opposition. I don't think it's -- they're just stating a concern basically.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.

SENATOR BURZYNSKI

Thank you. Thank you. Will the -- will the bill also require licensure of those other providers, or just certification of.. .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Senator Donahue.

SENATOR DONAHUE

It's just training, Senator Burzynski.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR TROTTER

Thank you very much. Will the sponsor yield?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she'll yield, Senator Trotter.

SENATOR TROTTER

Just -- just as little more for clarification. You're saying it's just training, but is there a certificate that they'll be receiving? Is there some schooling that they need? I mean, how intense is this training?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

SENATOR DONAHUE

Thank you. Allows the training and competency evaluation program to be facility-based. The program may include training on any one of the following: five hours, of feeding; three hours, on hydration courses; five hours, on personal hygiene courses. All the training programs must be reviewed and approved by the Department of Public Health every two years.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? If not, Senator Donahue, you wish to close?

SENATOR DONAHUE

I just know that there is a need to provide these services and these daily things that take place in our nursing homes. The whole intent is to give our nursing homes an opportunity to do this in a timely fashion within their homes, and I just ask for your support. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 322 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting yes, no voting No, no voting Present. Senate Bill 322, having received the required constitutional majority, is declared passed. Senate Bill 355. Senator O'Malley? Out of the record. Senate Bill 356. Out of the record. Senate Bill 357. Out of the record. Senate Bill 367. Out of the record. Senate Bill 368. Out of the record. Senate Bill 372. Senator Rauschenberger? Excuse me. Out of the record. Senate Bill 377. Senator O'Malley? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

Senate Bill 377. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O'MALLEY

Mr. President, thank you. Senate Bill No. 377 provides that a timely protest to the Motor Vehicle Review Board shall stay the effective date of a proposed franchise relocation or cancellation. This was an initiative from the Motorcycle Dealers' Association in an effort to make sure that they -- that any conflicts they may have as a franchisee get directly to the Motor Vehicle Review Board before their franchise would be terminated. Be happy to answer any questions there may be.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Demuzio.

SENATOR DEMUZIO

Like to ask the Senator a question, if I might. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR DEMUZIO

Senator O'Malley, where -- where do you file this protest?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O'MALLEY

With the Motor -- Motor Vehicle Review Board.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio.

SENATOR DEMUZIO

And -- and where are they located?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O'MALLEY

I -- I am not familiar with their address.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio.

SENATOR DEMUZIO

Maybe you could amend this bill and put 'em in that credit union bill, and they can move around, too, so it'll make it easier for them to file. Right?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any further discussion? If not, Senator O'Malley, to close. Question is, shall Senate Bill 377 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 57 voting Yes, no voting No, no voting Present. Senate Bill 377, having received the required constitutional majority, is declared passed. 378. Senator O'Malley? Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Senate Bill 378. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator OIMalley

SENATOR O'MALLEY

Mr. President, thank you. Senate Bill 378 was requested by the League of Savings Institutions and has the support of the Commissioner of Banks and Real Estate. It contains a number of provisions. Briefly among its provisions: grants savings and loans all powers necessary to qualify as a trustee or a guardian under State or federal law subject, of course, to the Corporate Fiduciary Act and supervision by the Commissioner; permits the Commissioner to hold off taking control of a troubled thrift pending satisfactory resolution of any crisis according to a plan suggested by the Federal Deposit Insurance Corporation if the thrift has sufficient liquidity and -- and has implemented a prudent remedial plan; permits mutual savings banks by a two-thirds vote of its depositors to adopt a different voting arrangement if the Commissioner finds the arrangement to be fair to its members; permits a savings bank to loan funds, making investments and engage in activities otherwise permitted to State and federal savings and loans and federal savings banks; streamlines the procedures for a savings bank to convert to a different type of charter, for instance, a bank or savings and loan association, and places restrictions on persons convicted of dishonesty or a breach of trust in owning capital stock of such an institution. I'd be happy to answer any questions there may be.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Demuzio.

SENATOR DEMUZIO

I have a question of Senator O'Malley, if he will yield. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley will yield, Senator Demuzio.

SENATOR DEMUZIO

It deletes prior approval of a commissioner of savings and loan to establish an ATM. So are there any criteria for -- for the location of an ATM in the statute?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O'MALLEY

Senator, I believe the best way for me to answer your question is to say that the security criteria remain in the law as to what must be around an ATM.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio.

SENATOR DEMUZIO

I think part of that criteria is they have to go to a lighted area. And so, if -- if I had a big station wagon and I decided I want to put an ATM in it and become a savings and loan and a credit union, can I drive from -- from shopping center to shopping center, as long as I'm within the territory that I'm attempting to serve, under this bill?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O'MALLEY

Senator, that's not permitted under this bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio.

SENATOR DEMUZIO

Well, I think that's -- may sound absurd but it seems to me that that's what we're allowing everybody to do. So pack up your bags and get your checks ready, 'cause, you know, there's a -- there's a savings and loan or an ATM or a credit union coming to STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 town, or in your block, or in your street.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any other discussion? Any more discussion? If not, the question is, shall Senate Bill 378 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yes, 1 voting No, no voting Present. Senate Bill 378, having received the required constitutional majority, is declared passed. Senate Bill 389. Senator Rauschenberger. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

Senate Bill 389. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 389 is an initiative of the State Board of Education. It creates three funds in the Treasurer's Office to receive funds for the State Board for them to use in process. All three funds are subject to appropriation by the General Assembly, as amended, with the help of Dean of the Senate over there, Art Berman. The three funds are the State Board of Education Fund, which will receive money for fees and registration to permit the State Board to run seminars and conferences. The second fund is the State Board of Education Special Purpose Trust Fund to permit the State Board of Education to receive some federal grants and donations or gifts bequest to the State Board of Education. If -- in case anyone wants to make donations to the State Board, I think they're open to taking some now, if we pass this. And then the third fund STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 is the Private Business and Vocational Schools Fund. The State Board has the responsibility to maintain the records of students who attend business and vocational schools if -- if they close. The records are then transferred to the State Board. This will allow them to have a fund to pay for the microfiching and microfilming expenses. I'd also like everyone to know that this is Jeanette Malafa, our new Education staffer's first bill, so any insightful questions. We could kind of think of this as her first bill. We may be passing the roll call around for signatures later.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 389 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 57 voting Yes, no voting No, no voting Present. Senate Bill 389, having received the required constitutional majority, is declared passed. Introduction of Bills, Madam Secretary.

ACTING SECRETARY HAWKER

Senate Bill 1208, offered by Senator DeLeo. (Secretary reads title of bill) Senate Bill 1209, offered by Senator Molaro. (Secretary reads title of bill) Senate Bill 1210, offered by Senator Molaro. (Secretary reads title of bill) Senate Bill 1211, offered by Senator Molaro. (Secretary reads title of bill) And Senate Bill 1212, offered by Senator Molaro. (Secretary reads title of bill) 1st Reading of the bills.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) We will now proceed to the Order of Resolutions Consent STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 4, 1999 Calendar. With leave of the Body, all those read in today will be added to the Consent Calendar. Leave is granted. Mr. Secretary, have there been any objections filed to any of the resolutions on the Consent Calendar?

Harry (surname or first name uncertain)

No objections on file, Mr. President.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. Motion carries, and the resolutions are adopted. Mr. Secretary, Resolutions.

Harry (surname or first name uncertain)

Senate Joint Resolution 57 {sic) (22), offered by Senator Dudycz. (Secretary reads SJR No. 22)

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution 57 {sic) (22). Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Dudycz has moved for the adoption of Senate Joint Resolution 57 {sic) (22). Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Is there any further business to come before the Senate? The Presiding Officer wishes to thank all of you. We went through quite a few bills here today and it was very orderly and quiet, and maybe that's the way we ought to proceed in the future. If there is no other business to come before the Senate, Senator Karpiel moves that the Senate stand adjourned until the hour of noon, Tuesday, March 9th. Have a good weekend. REPORT: TIFLDAY STATE OF ILLINOIS PAGE: 001 91 ST GENERAL ASSEMBLY SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 04, 1999 SB-0010 THIRD READING PAGE 18 SB-0030 THIRD READING PAGE 30 SB-0033 THIRD READING PAGE 31 SB-0034 THIRD READING PAGE 32 SB-0048 SECOND READING PAGE 3 SB-0052 THIRD READING PAGE 33 SB-0055 THIRD READING PAGE 34 SB-0098 THIRD READING PAGE 35 SB-0105 SECOND READING PAGE 4 SB-0117 SECOND READING PAGE 4 SB-0146 THIRD READING PAGE 38 SB-0163 THIRD READING PAGE 38 SB-0218 THIRD READING PAGE 39 SB-0242 SECOND READING PAGE 5 SB-0249 THIRD READING PAGE 40 SB-0251 THIRD READING PAGE 42 SB-0254 SECOND READING PAGE 5 SB-0258 THIRD READING PAGE 43 SB-0289 SECOND READING PAGE 6 SB-0315 SECOND READING PAGE 7 SB-0322 THIRD READING PAGE 44 SB-0351 SECOND READING PAGE 7 SB-0377 THIRD READING PAGE 47 SB-0378 THIRD READING PAGE 48 SB-0380 SECOND READING PAGE 7 SB-0389 THIRD READING PAGE 51 SB-0391 SECOND READING PAGE 8 SB-0392 SECOND READING PAGE 8 SB-0393 SECOND READING PAGE 8 SB-0394 SECOND READING PAGE 8 SB-0396 SECOND READING PAGE 9 SB-0398 SECOND READING PAGE 9 SB-0404 SECOND READING PAGE 9 SB-0405 SECOND READING PAGE 9 SB-0459 SECOND READING PAGE 10 SB-0465 SECOND READING PAGE 10 SB-0474 SECOND READING PAGE 10 SB-0480 SECOND READING PAGE 10 SB-0481 SECOND READING PAGE 11 SB-0485 SECOND READING PAGE 11 SB-0504 SECOND READING PAGE 11 SB-0542 SECOND READING PAGE 11 SB-0570 SECOND READING PAGE 11 SB-0572 SECOND READING PAGE 12 SB-0643 SECOND READING PAGE 12 SB-0678 SECOND READING PAGE 12 SB-0725 SECOND READING PAGE 12 SB-0730 SECOND READING PAGE 13 SB-0731 SECOND READING PAGE 13 SB-0740 SECOND READING PAGE 13 SB-0741 SECOND READING PAGE 13 SB-0751 SECOND READING PAGE 14 SB-1208 FIRST READING PAGE 52 SB-1209 FIRST READING PAGE 52 SB-1210 FIRST READING PAGE 52 SB-1211 FIRST READING PAGE 52 SB-1212 FIRST READING PAGE 52 SJR-0022 ADOPTED PAGE 53 SJR-0022 RESOLUTION OFFERED PAGE 53 REPORT: TIFLDAY STATE OF ILLINOIS PAGE: 002 91ST GENERAL ASSEMBLY SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 04, 1999 SUBJECT MATTER SENATE TO ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-PASTOR HERB COATES PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOURNALS-APPROVED PAGE 1 JOURNALS-POSTPONED PAGE 1 COMMITTEE REPORTS PAGE 2 EXECUTIVE SESSION-APPOINTMENTS PAGE 14 COMMITTEE REPORTS PAGE 15 COMMITTEE REPORTS PAGE 16 ARISE FROM EXECUTIVE SESSION PAGE 18 RESOLUTIONS CONSENT CALENDAR-ADOPTED PAGE 52 ADJOURNMENT PAGE 53