Illinois General Assembly Floor TranscriptsBrowseSenate91st GA

Illinois Senate Floor Debate — May 6, 1999

91st General Assembly (1999-2000) · Legislative day 40 · Regular Session
Chamber
Senate
General Assembly
91st (1999-2000)
Date
May 6, 1999
Legislative day
40
Session
Regular Session
Speaker turns
920
Original
View the source PDF ↗
PRESIDENT PHILIP

The regular Session of the 91st General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? Our prayer today will be given by Father Thorn Dennis, Cathedral of the Immaculate Conception, Springfield, Illinois. Father Dennis.

FATHER THOM DENNIS

(Prayer by Father Thom Dennis)

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. Senator Myers.

SENATOR MYERS

I move that reading and approval of the Journals of Tuesday, May 4th and Wednesday, May 5th in the year 1999, be postponed, pending arrival of the printed Journals.

PRESIDENT PHILIP

Senator Myers moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There being no objection, so ordered. Committee Reports.

Harry (surname or first name uncertain)

Senator Tom Walsh, Chair of the Committee on State Government Operations, reports House Bills 63, 2147, 2148 and 2492 Do Pass; and House Bills 472, 1282 and 2790 Do Pass, as Amended. Senator Klemm, Chair of the Committee on Executive, reports House Bills 470, 1383, 1966 and 2770 Do Pass; and House Bills 452, 702, 737, 943, 1688, 2163 and 2616 Do Pass, as Amended. Senator Peterson, Chair of the Committee on Revenue, reports House Bills 134, 305, 306, 371, 578, 668, 1334, 1695, 1743, 1769, STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 1905, 2104 and 2648 Do Pass; and House Bills 402, 521, 523, 842, 928, 1268, 1778 and 1987 Do Pass, as Amended; Senate Amendment 1 to House Bill 1261, Amendment 1 to House Bill 1327 and Amendment 1 to House Bill 2180, all Be Adopted. Senator OIMalley, Chair of the Committee on Financial Institutions, reports House Bills 429, 487 and 1740 Do Pass. And Senator Burzynski, Chair of the Committee on Licensed Activities, reports House Bill 1805 Do Pass; and House Bills 619, 1780, 2644 and 2645 Do Pass, as Amended.

PRESIDENT PHILIP

...Geo-Karis, for what purpose do you rise?

SENATOR GEO-KARIS

Point of personal privilege, Mr. President.

PRESIDENT PHILIP

State your point.

SENATOR GEO-KARIS

Mr. President, we are honored today to have in our gallery, in the President's Gallery, a gentleman by the name of Harry Theodore, who is a trustee of the Village of Addison, and he was also on -- the National Chairman -- National Council Chairman of the United Helenic Voters of America, from Addison, Illinois.

PRESIDENT PHILIP

Will you please rise and be recognized by the Senate? Senator Parker, for what purpose do you rise?

SENATOR PARKER

Thank you, Mr. President. Personal privilege.

PRESIDENT PHILIP

State your point.

SENATOR PARKER

I am delighted to have with me today three Pages from my area: Michael Lewis, Elliot Riebman and Jeremy Frisch. And up in the balcony, Jeremy's family is Carla, Mark, Ethan, Naomi, and they STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 are in the President's Gallery.

PRESIDENT PHILIP

Will they please be recognized by the Senate? Senator Weaver, for what purpose do you rise?

SENATOR WEAVER

Thank you. Mr. President, I'd move to table Floor Amendment No. 1 to House Bill 1362.

PRESIDENT PHILIP

You've heard the motion. All those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have it. The amendment is tabled. Messages from the House.

Harry (surname or first name uncertain)

Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 33, with House Amendment No. 1. We have like Messages on the following Senate Bills with House amendments: 40, with Amendment 1; 48, with Amendment 1; 73, Amendment 1; 82, Amendment 1; 124, Amendment 1; 128, 147, 283, 304 and 338, all with Amendment No. 1; 457, Amendment 2; 468, 567, 644, 653, 673, 746, 752, 778 and 799, all with Amendment 1; House {sic) Bill 812, with Amendments 1, 2 and 3; 834, 878, 916, with Amendment 1; 958, with House Amendments 1 and 2; 1065, with Amendment 1; 1118, with Amendments 1, 2, 3 and 4; and 1183 and 1207, with Amendment 1. All passed the House, as amended, May 5th, 1999.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Mr. Secretary, introduction of bills.

Harry (surname or first name uncertain)

Senate Bill 1234, offered by Senators Philip and Hawkinson. (Secretary reads title of bill) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 And House Bill -- or, Senate Bill 1235, by Senator Robert Madigan. (Secretary reads title of bill) 1st Reading of the bills.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Resolutions.

Harry (surname or first name uncertain)

Senate Joint Resolution 37, offered by Senator Mahar. It's substantive. Senate Resolution 113, offered by Senator Tom Walsh. It's a death resolution, Mr. President.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Consent Calendar. ...intention of the Chair to go to the bottom of page 19 and begin with House Bills 2nd Reading. As you know, deadlines are approaching. We'd like to move these bills. So, those of you who are prepared, let's -- let's move these to 3rd. Senator Hendon, for what purpose do you rise, sir?

SENATOR HENDON

Thank you -- thank you very much, Mr. President. While we were on resolutions, I was wondering when the Chair was going to call -- Senate Resolution 101. I have filed a motion to discharge this resolution from committee if it's not going to be called, and it's simply showing our troops in Kosovo that we support them here in Illinois. Is there a -- some time today on the Calendar that we might ...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator...

SENATOR HENDON

...deal with this?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator, we were -- we were not on the Order of Resolutions at the -- we were not on that order of business. Thank you. Okay. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 We're on the bottom of page 19, House Bills 2nd Reading. We begin with House Bill 17. Senator O'Malley. Pat O'Malley. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 17. (Secretary reads title of bill) 2nd Reading of the bill. Committee on Education adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate {sic) Bill 31. Senator O'Malley. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 31. (Secretary reads title of bill) 2nd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Not yet.

Harry (surname or first name uncertain)

Committee on Judiciary adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Hawkinson, your light is on. Do you... Okay. Let's -- House Bill 47. Senator Rauschenberger? Senator STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Rauschenberger on the Floor? Please read -- read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 47. (Secretary reads tit 11) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 80. House Bill 80. Senator Maitland? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 80. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted one {sic) amendment.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Rea, for what purpose do you rise, sir?

SENATOR REA

Point of personal ...

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR REA

Thank you, Mr. President. We have a group of high school students from the Pope County High School and their teacher, Nita STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Lowery, and they are up here in the gallery. We'd like for us all to welcome them to Springfield.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Very good. Will our friends in the gallery please rise? And welcome to Springfield and welcome to the Illinois Senate. Glad to have you here. Senator Clayborne, House Bill 90. Out of the record. Senate {sic) Bill 92. Senator Mahar? Out of the record. Senate {sic) Bill 95. Senator Maitland. Please read -- these are House bills, by the way. We are in the Senate, but they're House bills. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 95. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 105. Senator Clayborne? James Clayborne. Out of the record. House Bill 124. Senator O'Malley? Pat O'Malley? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 124. (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 -- I'm sorry. House Bill 154. Senator Lauzen? Out of the record. House Bill 157. Senator Lightford? Senator Lightford on the Floor? Out of the record. House Bill 161. Robert Madigan. Senator Madigan? Robert STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Madigan. Out of the record. House Bill 227. Senator Silverstein. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 227. (Secretary reads title of bill) 2nd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

Committee on Judiciary 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) 3rd Reading. House Bill 230. Senator O'Malley? Out of the record. House Bill 236. Senator Shaw? Senator Shaw on the Floor? Out of the record. House Bill 238. Senator Maitland? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 238. (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. House Bill 251. Senator Bomke? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 251. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted two STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 amendments.

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) 3rd Reading. House Bill 303. Senator Rauschenberger? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 303. (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. House Bill 340. Senator Donahue? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 340. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government Operations 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) 3rd Reading. House Bill 373. Senator Rauschenberger? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 373. (Secretary reads title of bill) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6 , 1999 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 387. Senator O'Daniel? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 387. (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. House Bill 408. Senator Geo-Karis? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 408. (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. House Bill 462. Senator O'Malley? Out of the record. House Bill 512. Senator Sieben. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 512. (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. House Bill 517. Senator Maitland? Senator John Maitland. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 517. (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. House Bill 526. Senator Dudycz? Walter Dudycz? STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Please read the bill -- no, I'm sorry. Out of the record. House Bill 534. Senator Burzynski? Senator Burzynski. Brad Burzynski on the Floor? Out of the record. House Bill 536. Senator Peterson? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 536. (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) 3rd Reading. Senator Demuzio, for what purpose do you rise, sir?

SENATOR DEMUZIO

Thank you -- thank you, Mr. President. On a point of personal privilege.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) State your point.

SENATOR DEMUZIO

Seated behind me in the gallery, on the Democratic side, is a group of students from the Illini Middle School Student Council from Jerseyville, with their instructor, Larry Decker. I'd like to have them be recognized by the Senate, sir.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Very good. Will our friends in the gallery please rise? Welcome to Springfield and to the Illinois Senate. Good to have your here. House Bill 542. Senator Radogno? Chris Radogno on the Floor? Out of the record. House Bill 583. Senator Petka? STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Ed Petka. Senator Petka? Out of the record. House Bill 631. Senator Cullerton? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 631. (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?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 720. Senator Dudycz? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 720. (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) Are there any Floor amendments that have been approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 734. Senator Luechtefeld? House Bill 734. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 734. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one 12 STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 amendment.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) House Bill 774. Senator Petka? 774, sir. Please read the bill, Mr. Secretary. And House Bill 734 is 3rd Reading.

Harry (surname or first name uncertain)

House Bill 774. (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. House Bill 801. Senator Maitland? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 801. (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. House Bill 803. Senator Munoz? Anthony Munoz on the Floor? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 803. (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. House Bill 809. Senator Maitland? John Maitland. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 809. (Secretary reads title of bill) 13 STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

Amendment No. 1, offered by Senator Maitland.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, to explain your amendment. It's an effective date.

SENATOR MAITLAND

Thank you, Mr. President, Members of the... This adds an effective -- immediate effective date.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Rauschenberger, for what purpose do you rise, sir?

SENATOR RAUSCHENBERGER

For purposes of an announcement.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Please state your announcement.

SENATOR RAUSCHENBERGER

I'd just like the Body to know, and particularly the Appropriation Committee members, that today at 4 o'clock we're going to be convening a meeting of the Appropriation Committee to hear amendments to House bills that are before the committee. Like everybody please to take note. We'll probably have an hour STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 to an hour and fifteen minutes worth of work. We're going to be actually taking roll calls. So I'd like Appropriation members to be aware that 4 o'clock today, Room 212. Please be as prompt as you can.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR BOMKE

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

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) State your point.

SENATOR BOMKE

Have with us today Mrs. Woken and the eighth graders from St. Joseph School, are in the gallery behind the President.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Very good. Will our friends from St. Joseph's School please rise? We'd like to welcome you here to Springfield and to the Illinois Senate. Glad to have you here. Senator Hendon, you've got your light on, sir.

SENATOR HENDON

Thank you, Mr. President. I just wanted to say to Senator Rauschenberger, I know they're going into Appropriations and while they're there, I would appreciate if he took a -- a stronger look at the CTA's request for dollars and see if there's any way we might ...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) You know, why don't you go across the aisle and talk to him? You don't need to do this over the -- over the microphone. Let's go ahead here. House Bill 839. Senator Klemm? Senator Dick Klemm? Out of the record. House Bill 873. Senator Munoz? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 873. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 (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. We're going to skip over House Bill 878. House Bill 934. Senator Radogno? Out of the record. House Bill 1099. Senator O'Malley? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1099. (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. House Bill 1100. Senator Sullivan? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1100. (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. House Bill 1117. Senator Dillard? Out of the record. House Bill 1134. Senator O'Malley. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1134. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Are there any Floor amendments that have been 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 40th Legislative Day May 6, 1999 3rd Reading. House Bill 1162. Senator Judy Myers? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1162. (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. House Bill 1177. Senator Syverson. Dave Syverson on the Floor? Would you like your bill called, sir? ...the record. House Bill 1195. Senator Sullivan? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1195. (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?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1232. Senator Obama? Barack Obama on the Floor? Out of the record. Senate {sic) Bill 1274. Senator Cronin? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1274. (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. House Bill 1278. Senator Bowles? Out of the record. House Bill 1279. Senator Noland? ...the record. House STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Bill 1281. Senator Sullivan? Out of the record. House Bill 1285. Senator Petka? Ed Petka? Out of the record. House Bill 1286. Senator Petka. Out of the record. House Bill 1304. Senator Dillard? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1304. (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. House Bill 1305. Senator O'Malley? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1305. (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?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill -- I'm sorry. House Bill 1321. Senator Munoz? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1321. (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 ...

Harry (surname or first name uncertain)

Pardon me. Pardon me, Mr. President. No committee or Floor STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House, Bill 1327. Senator Geo-Karis. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1327. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

Amendment No. 1, offered by Senator Geo-Karis.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR GEO-KARIS

Amendment No. 1 amends the Senior Citizens Assessment Freeze Homestead Exemption to change the base -- the base assessed valuation if the -- the value of the home drops, and we answered the concerns of the Cook County Assessor. So that's been taken care of, and I move the passage of this amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1333. Senator Lisa Madigan? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1333. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 (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. House Bill 1348. Senator Parker? Out of the record. House Bill 1362. Senator Weaver? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1362. (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. House Bill 1366. Senator Luechtefeld? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1366. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1370. Senator Bowles? Out of the record. House Bill 1392. Senator Bowles. Out of the record. House Bill 1399. Senator del Valle. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1399. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health and STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Welfare 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) 3rd Reading. House Bill 1408. Senator Dudycz? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1408. (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) Are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) House Bill 1409 -- 3rd Reading. House Bill 1409. Senator Rauschenberger? Senator Rauschenberger on the Floor? Out of the record. House Bill 1443. Senator Mahar? Senator Mahar on the Floor? Out of the record. House Bill 1580. Senator Maitland. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1580. (Secretary reads title of bill) 2nd Reading of the bill. Committee on Insurance and Pensions adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1581. Senator Maitland? 1581. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 1581. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance and Pensions adopted Committee Amendment No. 1.

PRESIDING OFFICER (SENATOR WATSON)

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

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1598. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 1598. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance and Pensions adopted Committee Amendment No. 1.

PRESIDING OFFICER (SENATOR WATSON)

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

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1622. Senator Parker? Kathy Parker? Out of the record. House Bill 1657. Senator Sieben. Please read the bill, Mr. -- Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1657. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Committee Amendment No. 1.

PRESIDING OFFICER (SENATOR WATSON)

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

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1670. Senator Cronin? Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1670. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Committee Amendment No. 1. PRESIDING OFFICER: (SENATOR WATSON Are there any Floor amendments approved for consideration?

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1713. Senator Radogno? Out of the record. House Bill 1720. Senator Syverson. Dave Syverson on the Floor? Out of the record. House Bill 1722. Senator Berman. Please read the bill, Madam...

ACTING SECRETARY HAWKER

House Bill 1722. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Committee Amendments 1 and 2.

PRESIDING OFFICER (SENATOR WATSON)

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

ACTING SECRETARY HAWKER

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Dudycz, for what purpose do you rise, sir?

SENATOR DUDYCZ

On a point of personal privilege, Mr. President.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) State your point.

SENATOR DUDYCZ

Just like to introduce two constituents that have joined us this afternoon. On the Senate side of the gallery are Adreene and Robin Kwialkowski. Robin is a Chicago police sergeant and they're here for the memorial service. They just stopped by. They're constituents and good friends of mine.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Very good. Will our friends in the gallery please rise? Welcome to Springfield. Appreciate your work. Thank you very much for what you do. ...Bill 1728. Senator Cronin? Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1728. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education -- no, pardon me, there are no committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1762. Senator Cronin. Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1762. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

PRESIDING OFFICER (SENATOR WATSON)

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

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1773. Senator Syverson? 1773, sir. Out of the record. House Bill 1774. Senator Karpiel? Out of the record. House Bill 1812. Senator Lauzen? Chris Lauzen on the Floor? Senator Lauzen, on 1812. Out of the record. House Bill 1813. Senator Radogno? Chris Radogno on the Floor? Out of the record. House Bill 1816. Senator Petka? Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1816. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1817. Senator Petka. Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1817. (Secretary reads title of bill) 2nd Reading of the bill. No committee -- Committee on Judiciary adopted Committee Amendment No. 1.

PRESIDING OFFICER (SENATOR WATSON)

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

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 1825 -- 3rd Reading. Excuse me. 3rd Reading. Senator Sieben, on House Bill 1825. Out of the record. House Bill 1837. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Tom Walsh? Senator Tom Walsh on the Floor? Out of the record. House Bill 1845. Senator Wendell Jones? Out of the record. House Bill 1869. Senator Shadid? Out of the record. House Bill 1893. Senator Mahar? Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1893. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted Committee Amendment No. 1.

PRESIDING OFFICER (SENATOR WATSON)

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

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1896. Senator Klemm? Dick Klemm on the Floor? Out of the record. Skipping over now to page 26, House Bills 2nd Reading. We have House Bill 1897. Senator Donahue. Laura Donahue. Out of the record. House Bill 1968. Senator Luechtefeld? Out of the record. House Bill 2005. Senator Trotter? Donne Trotter on the Floor? Out of the record. House Bill 2023. Senator Molaro? Out of the record. House Bill 2031. Senator Radogno? Senator Radogno on the Floor? Out of the record. House Bill 2037. Senator O'Malley? Pat O'Malley. Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2037. (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. House Bill 2038. Senator O'Malley. Out of the record. House Bill 2042. Senator Munoz? Please read the bill, Madam Secretary. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

ACTING SECRETARY HAWKER

House Bill 2042. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.

PRESIDING OFFICER (SENATOR WATSON)

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

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2081. Senator Shadid? Out of the record. House Bill 2098. Senator -- Senator Bowles? Out of the record. House Bill 2103. Senator Dudycz. Out of the record. House Bill 2176. Senator O'Malley. Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2176. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2180. Senator Peterson? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 2180. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER (SENATOR WATSON)

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

ACTING SECRETARY HAWKER

Senator Peterson adopted -- filed Amendment No. 1.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Senator Peterson, to explain the amendment.

SENATOR PETERSON

Thank you, Mr. President. Amendment 1 places a soft cap of ninety-nine thousand on awards from the indemnity fund under the current standard of equitable entitlement and requires a stricter standard of "without fault or negligence" for any award to exceed ninety-nine thousand. Reduces judgments to the property owner by deducting the amount of delinquent taxes owed by -- from the award already paid by the tax purchaser. Creates the offense of indemnity fund fraud, a commission of which is a Class A misdemeanor. Requires that all agreements between property owners and tax deed grantees involving proceeds from the indemnity fund must be in writing and are subject to discovery by the county treasurer. Addresses the problem of subsequent tax purchases where the first tax purchaser secures a sale of error. In this case, the second tax purchaser shall -- would suddenly become liable for the first tax payment plus one and a half percent per month. Would permit the second tax purchaser to merge the earlier tax payment and interest without the huge additional penalty. I ask for your support and the adoption of Amendment 1 to House Bill 2180.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Any further amendments approved for consideration?

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator DeLeo, what purpose do you rise, sir? SENATOR DeLEO: Thank you, Mr. President. A point of personal privilege.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 State your point. SENATOR DeLEO: Thank you. To the Members of the Body today, I'd just like to make an announcement. We have -- we have a Member on the Democratic side that's...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Can we have your attention? Can we have your attention for a moment? SENATOR DeLEO: We have a Member today celebrating a birthday, a Member on the Democratic side. He would not reveal his age when I asked him what his milestone was today. But I can tell the Members that he was a registered voter and did work a precinct for Lincoln. So we'd like everybody to join us and wish a happy birthday to Senator Lou Viverito today. Mr. President, and also we do have some -- some -- some enjoyment, some cake and some things we'd like to share with the Body today.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Very good. Well, Lou, happy birthday. You don't look a day over thirty-nine. ...sure to avail yourself of cake and --- Lou, you -- Senator Viverito, for what purpose do you rise?

SENATOR VIVERITO

Well, I just -- I wanted to be sure that everybody knows I've got a vanilla side and I've got a chocolate side. So whatever you like, everybody is welcome, so please. There's two nice cakes there and I hope you'll enjoy 'ern. Thank you.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Well, happy birthday. House Bill 2219. Senator Geo-Karis? Out of the record. House Bill 2263. Senator Klemm? Dick Klemm on the Floor? Out of the record. House Bill 2264. Senator Klemm. Out of the record. House Bill 2271. Senator Robert Madigan. Out of the record. House Bill 2272. Senator Sullivan. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Dave Sullivan? Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2272. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2287. Senator .Petka? Ed Petka? Senator Petka, on -- please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2287. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2330. Senator Klemm? Dick Klemm on the Floor? Out of the record. House Bill 2351. Senator Munoz. Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2351. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2355. Senator Maitland? Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2355. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6 , 1999 3rd Reading. House Bill 2574. Senator Syverson? Out of the record. House Bill 2610. Senator Maitland? Out of the record. House Bill 2617. Senator Klemm? Dick Klemm on the Floor? Out of the record. House Bill 2713. Robert Madigan. Senator Madigan? Robert Madigan. 2713 is out of the record. 2726. Senator Cronin? Dan Cronin. Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2726. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.

PRESIDING OFFICER (SENATOR WATSON)

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

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2727. Senator Cronin. Dan Cronin? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 2727. (Secretary reads title of bill) 2nd Reading of the bill. Committee on Judiciary adopted Committee Amendment No. 1.

PRESIDING OFFICER (SENATOR WATSON)

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

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2845. Senator Dillard? Out of the record. With leave of the Body, we'd like to go back to House Bill 157. Senator Lightford. Madam Secretary, would you please read the bill? Leave is -- by the way, we are asking for leave. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Leave is granted. We're on the Order of 2nd Reading. We have House Bill 157. Senator Lightford. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 157. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. We will begin where we left off on House Bills 3rd Reading, and that will be page 10, and we will start with House Bill 1175, whi h is Senator Luechtefeld. This Reading. Senator Demuz o, for what purpose do you rise, sir?

SENATOR DEMUZIO

On a personal point

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) State your point.

SENATOR DEMUZIO

Well, on the Order of 3rd Reading, there are two hundred and nine Republican bills and twenty-five Democrat bills. I was wondering if we could get leave to go to the twenty-five Democrat bills and do those first, and then we could leave and you guys could do whatever you want on the other ones.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) We are on page 10. House Bill 1175. And we begin with Senator Luechtefeld. Senator Luechtefeld? Out of the record. 1180. Senator Radogno? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 1180. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Senator Radogno.

SENATOR RADOGNO

Thank you, Mr. President. This bill represents an effort to rein in fraudulent solicitations by what are purported to be public safety personnel organizations. The bill defines what public safety -- thank you. The bill defines what public safety personnel organizations are. It requires that they maintain a list of contributors. It authorizes the Attorney General and the public safety personnel organization to file suit against organizations fraudulently soliciting, and it provides penalties. I would be happy to try to answer any questions.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) This is final action and it is 3rd Reading. And we are on House Bill 1180. Is there any discussion? Is there any discussion? If not , the question is, shall House Bill 1180 -- 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. House Bill 1180, having received the required constitutional majority, is declared passed. I think it would be a good point to bring this up right now. There is a lot of confusion. We are on 3rd Reading. What we'd like for you to do is the staffs and -- take off the Floor -- take your conferences off the Floor and let's get down to the order of the business of the Senate. We're on House Bill 1182. Senator Dudycz? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 1182. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Senator Dudycz.

SENATOR DUDYCZ

Thank you, Mr. President. House Bill 1182 amends the Criminal Code to provide that a person may not use the words "Cook County Sheriff's Police" or "Cook County Sheriff" in the title of any organization, magazine or other publication without the express approval of the Office of the Cook County Sheriff. This bill itself was proposed by -- by the Cook County Sheriff himself and is supported by the Sheriffs' Association. Apparently, there was an organization, at least one, in Cook County area that was using the words "Cook County Auxiliary Police, Incorporated." People were confused, thinking that they were actually employees of the sheriff's office. The sheriff just wants to have the same -- same abilities to approve or disapprove any organization with that name, much like the current law that allows the Chicago Police Department to restrict their -- use of their name.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall House Bill 1182 pass. A1 1 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 58 voting Yes, no voting No, no voting Present. House Bill 1182, having received the required constitutional majority, is declared passed. House Bill 1188 is a recall. Senator Donahue wishes to return to the Order of 2nd Reading House Bill 1188 for the purpose of an amendment. Is there any objection? If not, we are now on the Order of 2nd Reading, House Bill 1188. Madam Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HAWKER

Amendment No. 1, offered by Senator Donahue.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Senator Donahue.

SENATOR DONAHUE

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 to House Bill 1188 simply adds "subject to appropriation" to this bill, and I would ask for your support.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, would all those in favor, say Aye. Opposed, No. The Ayes have it. Amendment is adopted. 3rd Reading. Are there any other Floor amendments approved for consideration?

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1193. Senator Cronin? Out of the record. House Bill 1194. Senator Cronin. Out of the record. House Bill 1224. Senator Clayborne? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

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

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Clayborne.

SENATOR CLAYBORNE

Thank you, Mr. President and Members of the Senate. House Bill 1224 allows the chief of a volunteer fire department to request the State Police to conduct a criminal background investigation of prospective firefighters and report to the requesting chief any record of criminal conviction maintained in the Department's files about that particular individual. It also allows for a fee, based upon the actual cost, for the dissemination of the conviction information. And just for the Senate's history about it, I had a STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 volunteer fire department in my district where one of the firemen was actually setting the fires and then they were going to put them out. So we believe that if this had been in place, then we could have alleviated these problems. I'm open for any questions.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1224 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 5 8 voting Yes, no voting No, no voting Present. House Bill 1224, having received the required constitutional majority, is declared passed. Senate -- House Bill 1247. Senator Sullivan? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 1247. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Sullivan.

SENATOR SULLIVAN

Mr. President, -- Ladies and Gentlemen of the Senate, House Bill 1247 provides that DCCA and DHS provide family loans for low-income families that need some help with their educational expenses. It passed out of committee, was on the Agreed Bill List. I ask for an Aye vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1247 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 58 voting Yes, no 36 STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 voting No, no voting Present. House Bill 1247, having received the required constitutional majority, is declared passed. House Bill 1252. Senator Tom Walsh? Tom Walsh. Out of the record. House Bill 1261. Out of the record. House Bill 1298. Senator Karpiel. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 1298. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel.

SENATOR KARPIEL

Thank you, Mr. Speaker -- Mr. President. You really don't look anything alike. House Bill 1298 amends the Adoption Act. It amends the grounds of parental unfitness to include failure to make reasonable progress toward the return of a child to the parent during any nine-month period after the end of the initial nine-month period following the adjudication of the child as neglected, abused or a dependent. At present under the Adoption Act, they -- the court can only use evidence in the nine-month period from the adjudication to the filing period of termination. And since the termination hearing sometimes isn't till maybe a year later, the court would really like to hear -- be able to hear evidence during the other -- the rest of the period. This can be good or bad for a -- a parent. Sometimes that first nine-month period, perhaps they don't really get their act together too well, and then -- at the termination hearing, the court can only they use a bad evidence of -- of their fitness for being a parent, or it can be that they start out good and then they start -- start to slowly go back to their old bad ways and that's not so good for the kids. So either way, but the court would like to be able to use the entire time, look at the evidence during that entire STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 period. And that's all the bill does.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1298 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, 1 -- 1 voting Present. House Bill 1298, having received the required constitutional majority, is declared passed. House Bill 1308. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 1308. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.

SENATOR SIEBEN

Thank you, Mr. President. This legislation amends the Illinois Act on Aging to include among the Department of Aging's services to prevent unnecessary institutionalization, that of operating as an information clearinghouse for senior citizens wanting to share homes or rent rooms. Ask for your Aye vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1308 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 58 voting Yes, no voting No, no voting Present. House Bill 1901 {sic} (1308), having received the required constitutional majority, is declared passed. Senator Berman, on House Bill 1317. Out of the record. House Bill 1318. Senator Luechtefeld. Out of the record. House STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Bill 1353. Senator Burzynski? Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1353. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.

SENATOR BURZYNSKI

Thank you, Mr. President, Ladies and Gentlemen of the Senate. What this bill does is allow a community college to use the common name of the community college in the board's name, instead of the -- community college district's number. Know of no opposition.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Any discussion? If not, the question is, shall House Bill 1353 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 58 voting Yes, no voting No, no voting Present. House Bill 1353, having received the required constitutional majority, is declared passed. House Bill 1388. Senator Rauschenberger? Out of the record. Senator Sullivan, for what purpose do you rise, sir?

SENATOR SULLIVAN

Point of personal privilege.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) State -- state your point.

SENATOR SULLIVAN

Mr. President, we are joined on the Floor today by good friends of mine and constituents of Senator Dudycz's: Dean and -- Dean and Claudia Angel~,and Dean is the Chairman of the Trustees for Chicago FOP Lodge No. 7. If the Senate could welcome them. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Well, glad to have you here. Welcome to the Senate. House Bill 1413. Senator Peterson. Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1413. (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. House Bill 1413, as amended, provides it is unlawful to knowingly use personal identifying information or documents of another person to obtain credit, money, goods or services without the written authorization of the other person and knowingly representing that he or she is the other person or is acting with authorization of the other person. The bill also creates the crime of aggravated financial identity theft, which is committing a financial identity theft against a person sixty years of age or older or against a disabled person. I ask for your support of House Bill 1413, as amended.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1413 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 58 voting Yes, no voting No, no voting Present. House Bill 1413, having received the required constitutional majority, is declared passed. Senate -- House Bill 1432. Senator Dillard? Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 House Bill 1432. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard.

SENATOR DILLARD

Thank you, Mr. President, Lad.ies and Gentlemen of the Senate. House Bill 1432 is an initiative of the Illinois Press Association, and it creates a media arrest report to clarify police blotter information available to the news media. It's necessary because the existing Freedom of Information Act requirements were just too vague. To establish the language in this bill, the Illinois Press Association met with representatives from the Chicago Police Department, many police departments throughout Illinois, the Illinois Criminal Justice Information Authority and the Illinois Department of Corrections. They worked with the Illinois Sheriffs' Association, the Fraternal Order of Police, the Illinois State Police and the Illinois State's Attorneys' Association. For a variety of reasons, not only the media, but the public has a right to know this information. Be happy to answer any questions, but I think this has been worked out, and I know of no opposition.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1432 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 58 voting Yes, no voting No, no voting Present. House Bill 1432, having received the required constitutional majority, is declared passed. Senator Sullivan, with House Bill 1441. Madam Secretary, please read the bill. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

ACTING SECRETARY HAWKER

House Bill 1441. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Sullivan.

SENATOR SULLIVAN

Mr. President, Ladies and Gentlemen of the Senate, House Bill 1441 amends various licensing Acts relative to health professionals. It's an initiative of the State Medical Society, and it passed unanimously out of committee. I ask for an Aye vote.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR HAWKINSON

Will the sponsor yield for a question?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR HAWKINSON

I think it's probably important we do this early on in the -- in the Session, given other multi-subject bills that may be coming up. I believe your bills satisfies the single subject decisions of the court, but I just want to clarify: The change that is being made to these various Acts is identical as to each Act, is it not?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Sullivan.

SENATOR SULLIVAN

That is correct. Thank you for the question. We -- we -- we looked at that before we passed it out of committee to make sure that this does abide by the single subject rule.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Is there any other discussion? If not, the question is, shall House Bill 1441 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. House Bill 1441, having received the required constitutional majority, is declared passed. House Bill 1464. Senator Dillard? Out of the record. House Bill 1469. Senator Bomke? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 1469. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke.

SENATOR BOMKE

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate -- House Bill 1469 is identical to Senate Bill 1022 that we passed out of here earlier this year. Amends the State Employees Group Insurance Act relating to health insurance plans for employees of school districts. In essence, what it does, it changes the requirements, making it easier for school districts to join the Central Management Service or the State health insurance plan. Would be happy to answer any questions, if anyone should have any.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1469 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. House Bill 1469, having received STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 the required constitutional majority, is declared passed. House Bill 1510. Senator Luechtefeld? Out of the record. House Bill 1522. Senator O'Malley. Please read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1522. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O'MALLEY

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1522 provides that a student who has graduated from high school and has scored within the university's or a community college's accepted range on the ACT or SAT shall not be required to take the high school level GED test as a prerequisite to admission. This was brought to me and actually arises out of a set of circumstances in Senator Demuzio's district regarding a young man from the First Baptist Christian Church in Pana. Be happy to answer any questions there may be and seek your support.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question, shall House Bill 1522 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 58 voting Yes, no voting No, no voting Present. House Bill 1522, having received the required constitutional majority, is declared passed. Senator Larry Walsh, on House Bill 1538. Out of the record. Senator -- Munoz -- excuse me, for what purpose do you rise, sir?

SENATOR MUNOZ

For the point of personal privilege, Mr. President.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6 , 1999 State your point.

SENATOR MUNOZ

Mr. President and Members of the Senate, I just want to know if we can welcome good friends of mine, Chicago police officers in the 11th District, who I work with when I'm not here in Session, as well as Senator Dudycz, who's a detective upstairs from us from 11.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Very good. Will our friends from Chicago Police Department please rise? We're glad to have you here. We thank you for what you do. ...p age 12 now. House Bills 3rd Reading. We have House Bill 1565. Senator Hawkinson? Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 1565. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

SENATOR HAWKINSON

Thank you, Mr. President. This bill affects the Drugged and -- Drunk and Drugged Driving Prevention Fund. Currently, this fund receives thirty dollars of every sixty-dollar reinstatement fee when a driver's license has been suspended due to a DUI conviction. This bill would allow these funds permissive use, to be used for grants to reimburse counties for their expenses in developing and implementing programs for delinquent youth. It's another initiative to add some funding to our prevention programs in the juvenile justice area, and I would be happy to try and answer any questions and, otherwise, ask for your favorable support .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1565 pass. All those in favor say -- 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 58 voting Yes, no voting No, no voting Present. House Bill 1565, having received the required constitutional majority, is declared passed. ...bring our attention House Bill 1570. Senator Hawkinson. Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 1570. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

SENATOR HAWKINSON

Thank you, Mr. President. Current law allows as a condition of bond, a five-dollar-a-day fee to reimburse the counties for electronic monitoring to -- this is a -- a alternative disposition we allow our counties to try and alleviate some of the overcrowding in the jails. Our courts and counties have found that, in some instances, the five dollars is not enough to cover the cost of this electronic monitoring, and this would remove that cap and allow the courts to impose upon a defendant who's allowed out on electronic monitoring the actual cost of having that electronic monitoring.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR HAWKINSON

Would ask for your favorable support.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Molaro. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR MOLARO

Thank you. Would the sponsor yield for a question?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR MOLARO

Does -- do you know what the -- if we remove the cap, do you we have any idea what the costs are in home monitoring, or it can be?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

SENATOR HAWKINSON

...varies -- probably varies from county to county, depending on the number of devices and -- and the programs that they have in place. But this would be limited to actual cost and it would continue the provision to allow for the waiver of the cost for anyone who's unable to pay.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any other discussion? Is there any other discussion? If not, the question is, shall House Bill 1570 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 No, no voting Present, no -- no voting No. House Bill 1570, having received the required constitutional majority, is declared passed. Senator Hawkinson. 1587 is a recall, and Senator Hawkinson asks leave of the Body to return House Bill -- or... We are on 3rd Reading. We have House Bill 1587. Senator Hawkinson? Madam -- or, Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1587. (Secretary reads title of bill) 3rd Reading of the bill. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

SENATOR HAWKINSON

Thank you, Mr. President. This bill amends the Workers' Compensation Act, went through the Labor and Commerce Committee. It's -- it is of such limited scope that some -- some, in both the House and Senate staffs, felt is was a shell bill, but it is not. It's meant to deal with a situation where an out-of-state subcontractor, in several instances, has come in and worked on an Illinois job and has not carried workers' compensation insurance and the general contractor has been stuck with the workers' compensation costs. This is just to clarify what everybody thought the law was, that subcontractors, as well as generals, are both considered to be employers in the State of Illinois.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1587 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who -- have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yes, no voting No, no voting Present. House Bill 1587, having received the required constitutional majority, is declared passed. House Bill 1617. Senator Viverito? It's your birthday, man. You ought to do it.

SENATOR VIVERITO

No, I want to hold this really, for an amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Okay. House Bill 1645. Senator Trotter. Madam -- Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1645. (Secretary reads title of bill) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Trotter.

SENATOR TROTTER

Thank you very much, Mr. President and Members of the Senate. This bill simply states that when a vacancy is created on the school board, a school -- a vacancy is created on the school board when a school board member is convicted of a felony or any other crime against a child.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1645 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, we have 58 voting Yes, no voting No, no voting Present. House Bill 1645, having received the required constitutional majority, is declared passed. House Bill 1676. Senator Fawell? Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1676. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR FAWELL

No. I'm -- I'm sorry.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Out of the record. House Bill 1678. Senator Rauschenberger. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1678. (Secretary reads title of bill) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 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. House Bill 1678 codifies the existing practice in the Illinois Department of Revenue. It's another case where we had an excited revenue auditor who decided to try to single-handedly change the way we deal with diesel locomotive fuel. This certain -- this simply codifies the process by which we charge motor -- motor fuel tax on locomotives for the amount that they fill their tanks with in Illinois, as other states do. I'd appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1678 pass. All those in favor, vote Aye. Opposed, vote No. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, we have 57 voting Yes, no voting No, no voting Present. House Bill 1678, having received the required constitutional majority, is declared passed. Mr. Secretary, please read the bill. 1693.

Harry (surname or first name uncertain)

House Bill 1693. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.

SENATOR BURZYNSKI

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Basically what this bill does, will allow the counties to collect and issue certificates of errors through an administrative STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, process, rather than having to go through the judicial process

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1693 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, we have 58 voting Yes, no voting No, no voting Present. House Bill 1693, having received the required constitutional majority, is declared passed. Mr. Secretary, 1694. Please read the bill.

Harry (surname or first name uncertain)

House Bill 1694. (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. House Bill 1694 would allow the county treasurer to determine the manner in which all payments required by a county collector under this Section are to be made. The manner of payment may include, but is not limited to, a check or electronic fund transfer. This is an initiative of the Illinois Treasurers' Association, and I ask for your support on House Bill 1694.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1694 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, 58 are voting Yes, no voting No, no voting Present. House Bill 1694, having received the required constitutional majority, is declared passed. House Bill STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 1697. Senator Tom Walsh. Out of the record. House Bill 1732. Senator Peterson? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1732. (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. As amended, House Bill 1732 requires Public Aid to develop procedures to allow community providers and schools to assist in enrolling children in the KidCare Program. Know of no opposition. Ask for your support on House Bill 1732.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall House Bill 1732 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 58 voting Yes, no voting No, no voting Present. House Bill 1732, having received the required constitutional majority, is declared passed. House Bill 1739. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1739. (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. House Bill 1739 provides that any county with IDOT approval may use the motor fuel tax funds STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 allocated to it or other county highway funds to pay the county's share of any federally eligible transportation project on or adjacent to county highways within the county. What this basically does is allow them to use other resources to match whatever federal funds are available. It will certainly bring more funds to our counties. I ask for support of House Bill 1739.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1739 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, we have 57 voting Yes, no voting No, no voting Present. House Bill 1739, having received the required constitutional majority, is declared passed. House Bill 1742. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1742. (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, Members of the Senate. House Bill 1742 amends the (Uniform Disposition of) Unclaimed Property Act with respect to property held by financial organizations which is presumed to be abandoned. It says that any sum payable on money orders may exclude any charges which may be lawfully withheld relating to money orders issued by a -- currency exchanges. The currency exchange need not exclude these charges and sums due to be turned over to the State. And I'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1742 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 54 voting Yes, 1 voting No, 2 voting Present. House Bill 1742, having received the required constitutional majority, is declared passed. Senator DeLeo, for what purpose do you rise? SENATOR DeLEO: Thank you, Mr. President. I indicated on 1742, I had a Present vote because of potential conflict of interest. I'd like the record to indicate that.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) The record shall do that, Senator. Senate -- House Bill 1746. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1746. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.

SENATOR SIEBEN

Thank you, Mr. President. Senate Bill 557 {sic) amends the State Finance Act to provide that the scheduled monthly transfers from the General Revenue Fund to the Conservation 2000 Fund shall continue until June 30th of 2009. Ask for your Aye vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1746 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 STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 voting No, 1 voting Present. House Bill 1746, having received the required constitutional majority, is declared passed. We are now at the top of page 13, House Bills 3rd Reading. We have House Bill 1759. Senator Radogno. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1759. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Radogno.

SENATOR RADOGNO

Thank you, Mr. Chairman. This bill is identical to Senate Bill 483, which we've already passed out of here this Session. It would make domestic battery and a violation of an order of protection a Class 4 felony if the defendant has a prior conviction for aggravated battery, assuming that conviction was against a family or household member.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1759 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, 58 voting Yes, no voting No, no voting Present. House Bill 1759, having received the required constitutional majority, is declared passed. House Bill 1764. Senator Fawell? Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1764. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR FAWELL

Thank you very much, Mr. President. This bill was proposed by the DuPage County State's Attorney, Joe Birkett. It will expand the list of prior offenses which would trigger the enhanced Class 4 felony penalty. These offenses are forgery, unlawful use of credit or debit cards, possession of stolen or converted motor vehicles. So if a person who has a prior conviction for any of these offenses, a theft under three hundred dollars would be a Class 4 felony, as opposed to a Class A misdemeanor. Glad to answer any questions.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR MOLARO

So, my analysis has that the Illinois Retail Merchants' Association -- oh1 Mr. President, thank you. Would the sponsor yield for a question?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR MOLARO

Yes. My -- my analysis, and -- and if I recall a little bit from the House version, this was an initiative of the -- of IRMA, the Illinois Retail Merchants' Association, and I don't know where they signed in. But -- I don't have the bill in front of me, I'm just reading the analysis. Basically what this does, then, is, if there was someone maybe ten, fifteen years ago convicted of certain crimes, he's been good for fifteen years, and now he's arrested for what is normally a misdemeanor - say, running out on a check for fifteen dollars or stealing a five-dollar or a thirty-cent pack or two-dollar pack of cigarettes - it is now elevated to a felony?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR FAWELL

Yes.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro.

SENATOR MOLARO

And -- so in other words, I assume it was discussed in committee and this is being done other than the fact that the Retail Merchants would like to see us change all our criminal laws to help their business. Besides that, what -- what other reason are we doing it so if someone steals a pack of gum, we're going to raise this to a felony?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR FAWELL

Right now, if a person has a prior misdemeanor, it -- it becomes a felony if it's repeated, so why not do it with the more serious crimes?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro.

SENATOR MOLARO

Yes. Well, you mention your State's attorney. Was that -- was that the debate in committee? In other words, which State's attorneys or which advocates - the police department, State's attorney - who testified in committee on this bill that thinks it would be a good idea? What -- what do we hear from law enforcement?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR FAWELL

This was a bill that was presented to me by Joe Birkett, who is the DuPage State's Attorney. Was his idea.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Senator Molaro.

SENATOR MOLARO

Yes. I'm sorry. I -- I didn't frame the question. I thought I asked what debate was there in committee, who testified in committee on this bill, and what kind of testimony was heard and the reasons that were given by this testimony for this bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

SENATOR FAWELL

It was an -- it was on the Agreed Bill List.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro.

SENATOR MOLARO

You know, I'm not going to -- I'm -- I'm basically finished. I'm just -- I'm just wondering as we take bills and make 'em from taking a five-dollar pack of -- what am I talking about? A forty-cent package of gum and you're arrested for shoplifting or you get stopped, to now make that into a felony because someone was convicted of a different crime twenty or thirty years ago - and we're doing this without debate in committee - I think is a mistake on our part. So I would urge a No vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any further discussion? Senator Fawell, to close.

SENATOR FAWELL

I have been told that that is already current law, what you stated. This is merely a -- a -- expanding this list, and I would ask for a favorable vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall House Bill 1764 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, we have 46 voting Yes, STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 11 voting No, no voting Present. House Bill 1764, having received the required constitutional majority, is declared passed. House Bill 1771. Senator Hawkinson? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1771. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

SENATOR HAWKINSON

Thank you, Mr. President. This bill reenacts a portion of House Bill 20, which was Public Act 89-7, which was part of the tort reform package that we passed several years ago that was declared unconstitutional because of the violation of the single subject rule. However, this portion of the tort reform bill also has the support of the attorneys' groups, the Bar Association and the Trial Lawyers, and what it does is amend the Wrongful Death Act. It provides for comparative negligence to be applied in -- in wrongful death cases. Comparative negligence applies in -- in all other kinds of personal injury cases in Illinois, and it was the feeling that this was a good part of our tort reform package that would apply comparative negligence to wrongful death actions as well. What comparative negligence means is that if a beneficiary is more than fifty percent liable, that beneficiary cannot recover, but if that beneficiary has a lesser degree of negligence that contributed to the -- to the injury or the death, in this case, then that beneficiary's portion of the award would be reduced proportionately. Be happy to answer any questions, otherwise ask for a favorable vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Lightford. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR LIGHTFORD

Mr. President, please let the record show on Senate {sic) Bill 1764, I should have shown No.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) The record will so indicate. Is there any discussion on 1771? If not, the question is, shall House Bill 1771 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 58 voting Yes, no voting No, no voting Present. House Bill 1771, having received the required constitutional majority, is declared passed. House Bill 1790. Senator Dillard? Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1790. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard.

SENATOR DILLARD

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This legislation will require filing of nominating papers for new political parties running on a statewide ballot forty-two days -- than is currently required. We found out during the last election cycle that when you have recounts or other problems, sometimes our time frame is a little too compressed, and this will give more time for challenging nominating papers, et cetera. I'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR LAUZEN

Question for the sponsor. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR LAUZEN

Will this make it harder or easier for other than the two traditional parties to get involved in the election process? Will it be harder or easier?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard.

SENATOR DILLARD

Thank you. Senator Lauzen, this really shouldn't make it easier or harder. The signature requirements and everything are the same. We just want to make sure that there's enough time, if there's ever a challenge to these, that we don't run into a problem where we're a week out from an election and the clerks and other people who run the elections don't have time to make the proper ballots available. But it really changes nothing with respect to going out and doing all the things you do to -- to get on the ballot. It just moves the requirement out forty-two more days.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any other discussion? Any other discussion? If not, Senator Dillard, to close.

SENATOR DILLARD

Just appreciate a favorable vote. Thank you.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall House Bill 1790 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, we have 56 voting Yes, no voting No, no voting Present. House Bill 1790, having received the required constitutional majority, is declared passed. House Bill 1811. Senator Hawkinson? Mr. Secretary, please read the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 bill.

Harry (surname or first name uncertain)

House Bill 1811. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

SENATOR HAWKINSON

Thank you, Mr. President. House Bill 1811 comes out of Peoria School District 150. For the past several years, District 150 has operated its alternative school under the charter school framework. This bill transfers that authority to the alternative school portion of the Code, where it probably more properly belongs, and would allow either the regional superintendent or the school district to operate the school under this alternative school framework.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1811 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 58 voting Yes, no voting No, no voting Present. House Bill 1811, having received the required constitutional majority, is declared passed. House Bill 1832. Senator Syverson. Out of the record. House Bill 1839. Senator Smith. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1839. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Smith. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR SMITH

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 1839, as amended, states that when an indicated report of abuse, neglect, is issued for a foster family's home, DCFS must immediately re-examine the foster family home to evaluate whether it continues to meet minimum licensure standards and must establish at least annual re-examination schedules for their foster family home. The proponents of this bill is DCFS, the Illinois Committee for the Prevention of Child Abuse, Voices of the Illinois Children and Equip for Equality. I ask for a favorable vote, please.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? The question is, shall House Bill 1839 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. House Bill 1839, having received the required constitutional majority, is declared passed. House Bill 1841. Senator Dillard? Out of the record. House Bill 1858. Senator Bomke. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1858. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke.

SENATOR BOMKE

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate {sic) Bill 1858 amends the Code of Civil Procedure. It provides that accommodations shall be made in accordance with the federal American With Disabilities Act of 1990 so that a qualified STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 individual with a hearing disability may participate as a party, witness to, or spectator in any legal proceedings, and happy to answer any questions.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR WELCH

I have a question of the sponsor.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR WELCH

Senator Bomke, is there any estimate of what this would cost statewide or county-by-county?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke.

SENATOR BOMKE

Senator Welch, I do not have that cost figure.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any other discussion? If not, the question is, shall House Bill 1858 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, we have 57 voting Yes, no voting No, no voting Present. House Bill 1858, having received the required constitutional majority, is declared passed. House Bill 1860. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1860. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke.

SENATOR BOMKE

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Thank you, Mr. President. Again, Ladies and Gentlemen of the Senate, Senate Bill 1860 amends the Illinois Certified Shorthand Reporters Act to subject persons regulated under the Act to disciplinary action for willfully failing to systematically retain stenographic notes or transcripts, including papers, electronic media, for a five-year period. Currently, there is no limit on how long these reports must be kept, and so, therefore, they -- they keep 'em forever. This would put a limit of five years. And again, happy to answer any questions.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Discussion? Senator Hawkinson.

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

You partially answered my question, I think, when you said that currently there's no limit. When does the five years start to run?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke.

SENATOR BOMKE

You know, I -- you know, I'm not certain of that, but I can only say that the -- the five years was chosen because the Statute of Limitations for -- for a felony is for five years -- oh, I was told five. I'm sorry.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

SENATOR HAWKINSON

Would you take it out of the record till you could get that information, please? STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Out of the record. House Bill 1863. Senator Luechtefeld. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1863...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) I'm sorry. The -- the sponsor wishes that out of the record. Excuse me. House Bill 1864. Senator Tom Walsh. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1864. (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. House Bill 1864 amends the State Finance Act and the Vital Records Act. It creates the Death Certificate Surcharge Fund as a special fund in the State Treasury, adds a two-dollar service charge to request a certified copy of a death certificate or a fetal death certificate. It provides that the additional fee be deposited into the Death Certificate Surcharge Fund.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall House Bill 1864 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 49 voting Yes, 4 voting No, 2 voting Present. House Bill 1864, having received the required constitutional majority, is declared passed. House Bill 1874. Senator Bomke. Mr. Secretary, please read the bill. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

Harry (surname or first name uncertain)

House Bill 1874. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke.

SENATOR BOMKE

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate -- House Bill 1874 amends the Illinois Vehicle Code. Provides that beginning with 2000 registration year, permanent vehicle registration plates shall be issued for a one-time fee of eight dollars to municipality-owned vehicles operated by or for a police department. It provides that these plates shall contain the designation "municipal police" and shall be numbered and distributed as prescribed by the Secretary of State. Again, happy 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 House Bill 1874 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. House Bill 1874, having received the required constitutional majority, is declared passed. House Bill 1879. Senator Robert Madigan. Senator Madigan? Out of the record. House Bill 1909. Senator Luechtefeld. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1909. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Senator Luechtefeld.

SENATOR LUECHTEFELD

Thank you, Mr. President, Members of the Senate. House Bill 1909 amends the Illinois Promotion Act and Liquor Control Act of 1993 {sic) (1934). Basically this is the -- the same Act that we passed out of here. It's been amended to put -- permanently fund the -- the Grape and Wine (Resources) Council. Would ask for support of the Senate.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall 1909 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 54 voting Yes, no -- 2 voting No, 2 voting Present. House Bill 1909, having received the required constitutional majority, is declared passed. We now proceed to page 14. Top of page 14. House Bills 3rd Reading. We have House Bill 1926. Senator Sullivan. Out of the record. House Bill 1935. Senator Sullivan. Out of the record. House Bill 1942. Senator Radogno. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 1942. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Radogno.

SENATOR RADOGNO

Thank you very much, Madam President. It amends the section, as the Secretary stated. It will -- for facilities that have substantiated abuse and neglect findings in their facility, they will be required to submit, in addition to a remediation plan, an implementation plan of the corrective action, and it will also STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 allow for the Inspector General to have a follow-up inspection to be sure that the plan has been implemented.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there questions? Is there discussion? Seeing none, the question is, shall House Bill 1942 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 1942, having received the required constitutional majority, is declared passed. Senator Weaver, on House Bill 1953. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1953. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver.

SENATOR WEAVER

Thank you, Madam President. House Bill 1953 amends the State Commemorative Dates Act, designating the first Thursday in May as a Day of Prayer, that being today. So I would appreciate -- try to answer any questions and appreciate your vote.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR PETKA

Thank you very much, Madam President, Members of the Senate. This bill, House Bill -- or, 1953, calls for a day of prayer proclamation. When we had discussion of this legislation in the Executive Committee a couple of weeks ago, one of the opponents of this legislation indicated that should this bill pass, that there would be a court challenge, and the reason for the court challenge would be that, in the opponent's opinion, that this measure would STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 violate the cherished constitutional principle of separation of church and state. Similar remarks were made in connection with legislation 1075. Madam President and Members of the Senate, before I became a lawyer and a -- a long, long time ago, I was a history teacher. Woodrow Wilson, who himself was a professor of history, made a very profound statement, very applicable to today: A nation that does not remember what it was yesterday does not know what it is today, nor what it is trying to do. We are doing a futile thing if we do not know where we came from or what we are about. This declaration that we are about to pass simply is a continuation of a long and venerable tradition of our founding fathers from this nation's inception. The first democratic assembly in the colonies, September 6, 1774, the first Continental Congress, before one word was uttered in connection with that body, there was a three-hour prayer and fasting service. On June 12th, 1775, Congress declared a day of devotional prayer before it entered into a selection of its commander in chief for the Continental Army and two days later named George Washington. In -- November lst, 1777, during the heart of the Revolutionary War, Congress declared a National Day of Prayer because of a victory at Saratoga. During the -- the bitterness of the debate on the Constitutional Convention and ratification, June 28th, 1777, one of the least religious of the founding fathers, Ben Franklin, insisted that before Congress takes another step forward, that each and every day begin with a devotional prayer looking towards reconciliation. In 1789, Congress, by resolution, adopted a conference committee report which contained the First Amendment to the -- to the United States Constitution, which we refer to as the Bills of Rights. On the same day that Congress declared -- or I basically, passed our Bill of Rights in the First Amendment, they also passed a resolution that was signed by George Washington, on exactly the same date, declaring November 26, 1789, as a Day of STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Prayer of Thanksgiving, because Congress was able to agree on the mighty protections contained in the Bill of Rights. Who were these members of Congress, is an issue that I think needs to be discussed. Twenty-seven of the fifty-six signatories on the Declaration of Independence had degrees in divinity. Almost half the members of the original Congress themselves had degrees in divinity. Qualifications for office were important. Each state picked, through its General Assembly, a United States senator, so that before you could become a member of the United States Senate, you had to be qualified for office. The qualifications were very simple. Each member, before he took his oath, was -- was asked to do the following -- affirm the following and swear to the following: I do believe in one God, the Creator and Governor of the universe, through order of good, and the punisher of the wicked, and I do acknowledge the scriptures of the Old and New Testament to be given by divine inspiration. And almost every other state had a similar type of constitutional provision for qualification. That Congress, with that type of membership, passed the Bill of Rights, including the First Amendment, that Congress shall make no law respecting an establishment of religion, nor prohibiting the free exercise thereof. Keep in mind that each of these members of Congress and the United States senators, who were elected from the state delegations, came from states that had a constitution that contained the following: Every individual has a natural and inalienable right to worship God according to the dictates of his own conscience and reason and every denomination of Christians demeaning themselves quietly and as good subjects of the State shall be equally under the protection of the law - and critical - and no subordination of any one sect or denomination to another shall ever be established by any law. What we have just stated is as follows: That in all the state constitutions, there was an express protection that no STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 denomination would ever enjoy any preference over any other denomination and that was what exactly was intended in the First Amendment. Now, it is even more important to understand that the word "religion" and "religious activity" were used interchangeably. The debate on the First Amendment lasted for three months in the summer of 1789, and throughout the entire debate, not once - not once - did the metaphor separation of church and state ever appear in all the records of Congress that were kept. What you can read the establishment clause as reading is -- would be the following: Congress shall make no rule or law that establishes one domination -- denomination as a national religion. Please keep in mind that the Congress that had declared a day of prayer of thanksgiving throughout -- in many, many instances and had a -- a Constitution that prohibited preferential treatment for any particular religion, passed the Northwest Ordinance. And what does that mean? We, in the State of Illinois, attached ourselves to the Union because of the Northwest Ordinance. The Northwest Ordinance, basically, was a federal mandate for how a state joins the union. I continue my ways as an old high school history teacher. The following appears in the Northwest Ordinance: Article 111, religion, morality and knowledge, being necessary to good government and the happiness of mankind, "blank" shall be forever encouraged. Now, many of you are probably saying that the word that should be inserted there is "the church". And if you said that, you were wrong, because what Congress mandated to the State of Illinois and other states in the Northwest Ordinance is that schools and means of education should teach religion. Keep in mind that the Congress that required states to join the Union with constitutions not repugnant to the Northwest Ordinance, required the State of Illinois to have as part of its Constitution, and if you walk across the street and search the archives, you will find that, in fact, the State of STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Illinois had that constitutional provision. Now, you may ask, well, if the same Congress that prohibited the federal government from establishing a state religion, this was the same Congress that also encouraged not only national days of prayer, but prayer in our schools, that why -- or why do we talk about the fact that someone has said that there's some kind of a violation of church and state? Supreme Court -- excuse me, it is very, very important that we understand that the -- the -- the -- the phrase "separation of church and state" is not found in the First Amendment. As a matter of fact, it comes from a letter that was written by Thomas Jefferson to a group known as the Danbury Baptists. Thomas Jefferson, during the years that the Constitution was debated, the Bill of Rights was debated, and that -- and the Northwest Ordinance was passed, was not even in the country. He was the Minister to France from 1787 to -- to 1792. Thus, he was not a member of the Constitutional Convention, any ratifying convention, any state legislature or a member of Congress. But in 1801, he wrote a letter to the Danbury Baptists, who were very concerned because Congress had just elected a group of people who were claiming that they were going to establish a -- a national religion. And what he said was that a -- that -- in the letter that he had written was basically the following: I contemplate with solemn reverence that act of the whole American people which declared that their Legislature should make no law respecting an establishment of religion or prohibiting the free exercise thereof, thus building a wall of separation between church and state. And what he did, in a very beautiful way, was quote the writings of a -- of a Baptist preacher named Roger Williams, who in -- in the course of writing one of his -- his lectures that was recorded, stated that there should be a wall of separation between the gardens of the church and the wilderness of the world. ,The wall, as it was clearly intended, was one STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 directional, protecting any church and religious activity from the government. And as Justice Rendquist has said repeatedly, our Chief Justice, the wall of separation between church and state is a metaphor based on bad history. It should be frankly and explicitly abandoned. Now, the opponents of this legislation stated that the reason that the Supreme Court has permitted us here, in the General Assembly, to begin each and every Session with a prayer is that this is just a very nice custom, and it is part of a very nice tradition, and that if -- if we or our children ever really were to get serious about this prayer business, that they would step in and simply say what we're doing is unconstitutional. And if they say that, I'm here to tell you, in my opinion, they're constitutionally wrong. It was wrong for the Supreme Court in 1857 to say that a human being, created in the image and likeness of God, was nothing more than a piece of property in the Dred Scott decision. It was wrong in 1962 for the Supreme Court to forbid children to say a little prayer known as, "God is great, God is good, and we thank You for our food." It was wrong for the Supreme Court to say it was improper to hang the Ten Commandments in the schools of our land, when the Ten Commandments, right now, are hung in the Supreme Court of this land. Anyone -- anyone with a conscience, anyone who has witnessed the goings on in this nation over the last years, and especially what has happened two -- two weeks ago in Littleton, where a girl was martyred for her faith by simply refusing to say that she did not believe in God, where children gathered around a prayer -- around a flag in prayer in Paducah, Kentucky, were slaughtered, if anyone can take a look at that and not understand that we are indeed in troubled times. My brothers and my sisters, today we who have been picked by the people of our State to serve and to lead have a unique opportunity to renew the covenant that the founding fathers made with that providential hand that they STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 believe guided the affairs and founded our nation. We have an opportunity here today to renew the meaning of the inscription, which is found on our Liberty Bell in Philadelphia. That inscription reads as follows: Proclaim liberty throughout the land to all inhabitants of the earth. Quoting Leviticus 25:lO. We have an opportunity here by our action today to reassert and to take a clear step to reclaim the eternal truth contained in the Declaration of Independence and in the Bill of Rights, that we have an inalienable, God-given right to worship our Creator when we want, where we want, as long as we want, for whatever -- whatever reason we want. We, as an elective Body, have an opportunity, in the words of the Northwest Ordinance that we formed the compact with the federal Union, to establish religion, morality and knowledge as being necessary to good government and happiness of mankind, that prayer shall be ever -- forever encouraged by this Body and that no government, no judge, no atheist, no agnostic can ever take that away.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR MOLARO

Yes. I actually rise in support of thi s bill. I also want to thank Professor Petka for those kind words. You know, I just wanted to point out for our friends who may have some constitutional problems with this, the bill calls for the first day -- first Thursday in May, in which a year is designated, as a Day of Prayer in Illinois, and the citizens of Illinois are urged to observe the day in ways appropriate to its importance and significance. And I think there's certainly a way of praying, whether that be reflection, meditation, and to give thanks for a lot that's right with this country. It doesn't have to be religious if -- if you so choose it not to be. And I think for anybody to feel that there's constitutional provisions that would STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 stop us, for those who want this to be -- religious, I think they're wrong. So there's room to pray in any way you choose in this bill, and I think it's a great idea. Thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR JACOBS

Thank you, Madam President, Ladies and Gentlemen of the Senate. I just wondered if Senator Petka would repeat that. I think I missed it.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR WEAVER

Thank you -- thank you, Madam President. Well, I appreciate Professor Petka's history lesson to us all today. It's something that we can think about and this is something we should do. I'd appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) This is final action. Question is, shall House Bill 1953 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 1953, having received the required constitutional majority, is declared passed. Senator Dillard, on House Bill 1960. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1960. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Excuse me, Senator Dillard. Senator Syverson, for what STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 purpose do you seek recognition?

SENATOR SYVERSON

Point of personal privilege, Madam President.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) State your point.

SENATOR SYVERSON

We have a group behind us in the -- in the gallery from the Manchester School. Eighth graders with their escorts. If -- I'd ask them to rise and be recognized.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Welcome to Springfield. Hope you had a nice day. Thank you, Senator Syverson. Senator Dillard, on House Bill 1960.

SENATOR DILLARD

Thank you very much, Madam President. This bill comes from the Department of Natural Resources and is supported by the DuPage County Forest Preserve District, and it allows the Department of Natural Resources to -- or, the State of Illinois to enter into, in downstate forest preserve districts, the right to acquire real property which is outside of a district boundary but contiguous to the district by lease of the State of Illinois. There is a park up in the northeastern part of Illinois called the Tri-County State Park, and it involves DuPage County Forest Preserve District land, where land is contiguous, owned by the State of Illinois, and this just makes a three-word change in the statute to allow for this type of arrangement. I'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR BURZYNSKI

Thank you. Will the sponsor yield?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Burzynski. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR BURZYNSKI

Thank you. Senator Dillard, do you know if there are any other situations in the State where this might impact or it is just this one area?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

SENATOR DILLARD

We are not aware of -- of any other situation, but there could be. And again, it would take the agreement of both the State of Illinois and a local forest preserve district. And by State law, Senator Burzynski, for safeguard, five years is the maximum amount of time under our State Act that you could have this type of lease. So it's a unique situation. This is the only one that I know of, but there could be more.

PRESIDING OFFICER (SENATOR WNAHUE)

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

SENATOR GEO-KARIS

Sponsor yield for a question?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she'll yield, Senator Geo-Karis.

SENATOR GEO-KARIS

You mentioned it's property in northeastern Illinois. That's in my area. Can you tell me where it is?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

SENATOR DILLARD

I -- I don't want to burst your bubble, Senator Geo-Karis, but DuPage County is also in northeast -- Illinois, and this is in DuPage County, not Lake County.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none, Senator Dillard. to close. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR DILLARD

I'd appreciate a favorable roll call. Thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) This is final action. And the question is, shall House Bill 1960 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 1960, having received the required constitutional majority, is declared passed. Senator Robert Madigan, on House Bill 1962. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1962. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.

SENATOR R. MADIGAN

Thank you, Madam President and Members of the Senate. House Bill 1962 is identical to Senate Bill 434, which passed this house unanimously a few weeks ago. It exempts from the Sales Tax Code game or game birds purchased at a game breeding or a hunting preserve or exotic game hunting area. I know of no opposition to House Bill 1962, and would ask for its approval.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) This is final action. And the question is, shall House Bill 1962 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 1962, having received the required constitutional majority, is declared passed. Senator Berman, on House Bill 1964. Read the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 1964. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Berman.

SENATOR BERMAN

Thank you, Madam President. House Bill 1964 provides several things in relation to jury duty. It removes the cap on jural fees, allowing each county board to set the level of payment for jury service. Allows the court to order the county to pay for the actual cost of day care incurred for people who serve on jury duty. Requires the county treasurer to pay for jurors' service, transportation, day care expenses and increases the fees for jury demands on a graduated basis, and allows the court to prohibit in those cases where the public release of the name of any jury -- jury member, that that not be released where the court finds that there would be a reasonable threat of harm to the juror if their name were published. Be glad to respond to any questions. Solicit your Aye vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, this is final action. Question is, shall House Bill 1964 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 43 Ayes, 9 Nays, 4 voting Present. House Bill 1964, having received the required constitutional majority, is declared passed. Senator Noland, do you seek leave of the Body to -- move House Bill 1972 to the Order of 2nd Reading for the purposes of an amendment? Hearing no objection, leave is granted. And on the Order of 2nd STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Reading, is House Bill 1972. Read the bill, Madam Secretary. Have there been any amendments approved for consideration?

ACTING SECRETARY HAWKER

Amendment No. 2, offered by Senator Noland.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR NOLAND

Floor Amendment No. 2 was suggested by the Secretary of State and it deals with how a dealer holds the title for resale of an all-terrain vehicle, and it's noncontroversial and basically clarifies exactly what's happening under current law.

PRESIDING OFFICER (SENATOR DONAHUE)

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

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Berman, on House Bill 1978? Out of the record. Senator Cronin, on House Bill 2008. Out of the record. Senator Maitland, on House Bill 2013. Read the bill, Mr. -- Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2013. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

SENATOR MAITLAND

Thank you very much, Madam President, Members of the Senate. House Bill 2013 expands the language for the availability of ROTC STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 scholarships. The language added states that there were to be an equivalent of ten scholarships per academic year. This is language, frankly, that was -- was requested by the Audit Commission. In -- in committee, we amended the bill further to -- to delete the eligibility for incoming students. They would not qualify under the present Act until they were one semester in. This assures that once admitted, they will be able to get the ROTC tuition waiver. I know of no objection, and would appreciate your support .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2013 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 2013, having received the required constitutional majority, is declared passed. Senator Shadid, on House Bill 2019. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2019. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shadid.

SENATOR SHADID

Thank you, Madam President. House Bill 2019 amends the Illinois Banking Act, and it does three things: Permits a bank to change its name by filing with the Commissioner within thirty days of the change; requires banks to apply to the Commissioner thirty days before making a location change; and, number three, requires that the limited liability provision that applies to directors must be approved by two-thirds of the stockholders and it does not STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 have to be part of the bank's charter. There are -- there is no opposition to this, and I would appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2019 pass. Those in favor will vote Aye. Opposed, Nay. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 2019, having received the required constitutional majority, is declared passed. Senator Cronin, on House Bill 2020. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2020. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.

SENATOR CRONIN

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 2020 is a response to a motion filed by parents in Jackson Township, Joliet, to detach from Joliet School District 204. They want to switch over to Lincoln Way District 210. The State Board of Education had approved the transfer, and after that ruling, the district officials from 204 filed a lawsuit. They said they'd drop the lawsuit and let the residents remain if the law was changed. This is the change in the law. District 204, the district from which this group is seeking to be detached, is in support of this. In fact, all parties are in support of it. Specifically, the bill adds that when detaching, a district cannot lose more than five percent of its territory, besides five percent of its EAV. This shall apply to any detachments effected as they existed prior to the effective date STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 of the bill. And, again, this is supported by all parties involved and it received unanimous support in committee, and we enjoy bipartisan support here. I ask for your favorable consideration.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR L. WALSH

Thank you, Mr. President -- or, Madam President. I stand in support of this bill. This issue has been on the front pages many times in our area, in regards to detachment. What this bill will do will bring the pendulum back from legislation that was passed about eight years ago that removed the high school district from having the opportunity to sit at the table and at least discuss what the detachment would do to the respective high schools. So, I stand in strong support of this bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Is there further discussion? Seeing none, the question is, shall House Bill 2020 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, 1 voting Present. House Bill 2020, having received the required constitutional majority, is declared passed. Senator Dillard, on House Bill 2026. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2026. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

SENATOR DILLARD

Thank you, Madam President and Ladies and Gentlemen of the Senate. This bill extends by two years a demonstration program STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 for a freestanding emergency medical system -- or -- or, system that's out there in place. We passed this for a limited facility in my district in Bolingbrook, Illinois. Took the Department of Public Health a little longer than anticipated to get this program up and running. And all we do is extend the sunset date of this out from the year 2000 out to 2002. I'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2026 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's 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, 1 Nay, none voting Present. House Bill 2026, having received the required constitutional majority, is declared passed. Senator Robert Madigan, on House Bill 2034. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2034. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Robert Madigan.

SENATOR R. MADIGAN

Thank you, Madam President, Members of the Senate. House Bill 2034 is an initiative of the Community Bankers. Basically, what it does is exempt the Illinois Farm Development Authority Guaranteed Loan Program from the -- from a bank's lending limits. I know of no opposition to House Bill 2034, and would ask for its approval.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2034 pass. Those in favor will STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 2034, having received the required constitutional majority, is declared passed. Senator Noland, on House Bill 2044. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2044. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Noland.

SENATOR NOLAND

House Bill 2044 is an initiative of the Fire Protection Districts Association, and provides that territory disconnected from a fire protection district remains liable for its proportionate share of any outstanding bonded indebtedness of this district. And there is no known opposition.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2044 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, 1 voting Present. House Bill 2044, having received the required constitutional majority, is declared passed. Senator Sieben, on House Bill 2047. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2047. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Senator Sieben.

SENATOR SIEBEN

Thank you, Madam President. This legislation amends Section 6 of the Public Funds Investment Act to authorize the use of Illinois Farm Development Authority guaranteed loans as security for public deposits. This would add Illinois Farm Development guaranteed loans to the list of assets that are acceptable security for those uninsured public deposits. This is an initiative of the Illinois Community Bankers Association, in conjunction with the Illinois Farm Development Authority. I appreciate your silence and your respect. And I would ask for your Aye vote. PRESIDING OFFICER: (SENATOR DONAHUE Is there discussion? Seeing none, the question is, shall House Bill 2047 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 2047, having received the required constitutional majority, is declared passed. Senator Burzynski, do you seek leave of the Body to return House Bill 2085 to the Order of 2nd Reading for the purposes of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2085. Madam Secretary, have any amendments been approved for consideration?

ACTING SECRETARY HAWKER

Floor Amendment No. 1, offered by Senator Burzynski.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR BURZYNSKI

Thank you, Madam President. Amendment No. 1 establishes a new penalty for the improper display of a slow moving vehicle emblem. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Penalty would be a petty offense punishable by a fine of twenty-five dollars for the first offense and a seventy-five-dollar fine for the second or subsequent offenses within one year.

PRESIDING OFFICER (SENATOR DONAHUE)

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

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Watson, on House Bill 2087. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2087. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

SENATOR WATSON

Yes. Thank you very much, Madam President. House Bill 2087 expands the Monetary Award Program - MAP program as we know it - eligibility to students who attend less than half-time. This is consistent with the fiscal year budget recommendations of the Illinois Board of Higher Education and the Governor.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR RAUSCHENBERGER

Question of the sponsor.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Rauschenberger. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR RAUSCHENBERGER

I like this version of the bill much better than the last time we saw it as a Senate bill. Is it your intention to encourage the Governor to sign this one and -- and table the Senate version?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

SENATOR WATSON

Excuse me. I don 't believe that these -- the two bills are the same at all.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

To the best of my knowledge, I think this one does not exempt the program from annual appropriation, as I was concerned about in the other bill. I could be wrong, but that's why I think this is a real good version. I think you and Judy did good work with this. Thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Burzynski.

SENATOR BURZYNSKI

Thank you, Madam President. Perhaps more of a comment than a question. This is a direct change in public policy as to whether or not we want our State scholarship programs funding students that are taking one, possibly two classes at a university level, two hours or four hours during the course of a semester. When this program was first established, it was for full-time students. A few years ago, it came back down to half-time students, and now we're going to less than half-time, part-time students. So I just think the Members should be aware, this is a major, in my opinion, public policy change.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Halvorson. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR HALVORSON

Thank you, Madam President. I stand in strong favor of this bill. I'm a returning student, and I have not been able to take more than half-time because of my schedule, and I believe there's a lot of people out there that can't take full-time schedule but deserve the right to have assistance. And I think this is very important, that we help the people that cannot be full-time students. And I think is a very worthwhile cause, and I think everybody should be voting for this.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR DEMUZIO

Oh. Well, I rise in support of this bill. I think -- also, I think you have a -- a lot of more nontraditional students, such as those that have just been indicated by the previous speaker, that want to return back to school. And I think it's a good bill and rise in support.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR L. WALSH

Thank you, Madam President. I, too, stand in support of this bill. I think granting -- granting the opportunity -- granting the opportunity to give our -- our students that have left school to raise a family and now want to come back and participate in nursing programs and whatever else, that we should be able to grant them the same opportunity as what we have with our four-year -- or, four-year schools.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR WELCH

I have a question of the sponsor.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Indicates he'll yield, Senator Welch.

SENATOR WELCH

Senator Watson, will there be increased funding for this program to take care of the part-time students?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

SENATOR WATSON

Well, there -- there was in the Governor's proposal, 2.6 million, in the Governor's budget. Hopefully, when we're all said and done here, why, there will be money appropriated for this.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

SENATOR WELCH

...know how many students that's projected to take care of?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

SENATOR WATSON

No, I do not, because it's based on -- the award is based on credit hours and it'd be hard to make that kind of determination.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

SENATOR WELCH

So this isn't going to take any money away from full-time students?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

SENATOR WATSON

It is subject to appropriation, but it -- but there is that possibility, 'cause I believe there's another bill out there that gives the Student Assistance Commission some flexibility on how they -- they fund the various part-time, full-time scholarship and summer -- summer school. So there is a possibility there could be STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 some impact.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR SHADID

...the sponsor yield?

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR SHADID

Does this include junior colleges?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

SENATOR WATSON

Yes, it does.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR FAWELL

Well, I -- I stand in support of this bill. I think if you will look at the community college population, you will see that the average student now is about thirty-three, thirty-four years old, particularly in -- in the more urban areas, such as mine. And a lot of these students are -- are really supporting families. They're trying to also finish their college education, and this will be a step in the right direction to allow those students who didn't have the -- the way -- wherefor or the funds to be able to do their higher education in the -- in the manner that most of us did. And I fully support the bill and think we all ought to be voting for it.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR BURZYNSKI

Madam President, I apologize for rising a second time. But, again, I just want to point out, this is a diversion -- or I STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 potential diversion of funding from full-time students, possibly, to students taking two or four hours. I would indicate to you that there are a lot of programs out there to help nontraditional students already. And what we're doing is possibly taking funds from those students who are more of our more traditional students and who were originally -- who this program was originally designed for.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR WATSON

Yes. Thank you, Madam Chairman. This got thorough debate, which we appreciate. I -- I was the sponsor - I don't know if you recall this - of the -- of the welfare reform initiative that drastically changed the -- the direction in which welfare benefits and welfare eligibility was made available to people of State of Illinois. One of the commitments that I made, at that point in time, is I'm going to do everything that I can to help those people to take themselves off of welfare and go to work. And part of that is an education. And we have people who are now working in our system who needs additional education, whether it's a community college or one of the four-year schools, whatever it might be. This may give them the opportunity to go back to school and work full-time and still get an education, as some of the other people have mentioned. So I appreciate the debate and obviously would appreciate the support of the Members of the Senate. Thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) This is final action. And the question is, shall House Bill 2087 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 there are 53 Ayes, 2 Nays and 2 voting Present. House Bill 2087, having received the required constitutional majority, is declared passed. Senator Dillard, on House Bill 2088. Out of the record. Senator Bowles. Out of the record. Senator Noland, on House Bill 2112. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2112. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Noland.

SENATOR NOLAND

Thank you, Madam President. House Bill 2112 amends the Soil and Water Conservation District (Act), and provides that all areas within the county are to be considered within the boundary of their local soil and water conservation district. Legislation will not provide for any increase in local property taxes. And House Amendment No. 1 removed the opposition of the Illinois Municipal League, and so there are no known opponents.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR HAWKINSON

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

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR HAWKINSON

Senator, on the property tax aspect, are -- are there areas now in counties that are not in any soil and water conservation district, and will this subject those folks to a property tax levy they're not currently subject to?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Senator Noland.

SENATOR NOLAND

There was a window back in the seventies that allowed some areas to opt out of a soil conservation district. What's happening, those people now are desiring services of the conservation district, and so this is allowing those people to come back into a district. And to my knowledge, current law does not allow a general property tax levy for a conservation district. It's all local monies.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR NOLAND

Appreciate your support. Thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) This is final action. And the question is, shall House Bill 2112 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 1 Nay, 1 voting Present. House Bill 2112, having received the required constitutional majority, is declared passed. Senator Burzynski, on House Bill 2125. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2125. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Burzynski.

SENATOR BURZYNSKI

Thank you, Madam President and Ladies and Gentlemen of the Senate. This amends the Counties Code and the Municipal Code. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislat ive Day May 6, 1999 Provides that a county or municipality may not require a cash bond from a person who seeks approval of a map, plat or subdivision when the person has filed a current irrevocable letter of credit, surety bond or letter of commitment that complies with the Public Construction Bond Act. I'd be more than happy to answer any questions.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, this is final action, and the question is, shall House Bill 2125 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 2125, having received the required constitutional majority, is declared passed. Senator Robert Madigan, on 2166. Read the bill, Madam Secretary. ...the record. House Bill 2194. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2194. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.

SENATOR R. MADIGAN

Thank you, Madam President, Members of the Senate. House Bill 2194, as amended, accomplishes three things. It clarifies the process for the Department of Professional Regulation to recognize equivalent experience when considering a public accounting license. It allows -- the second thing that it does is it allows minority ownership of a non-CPA in a licensed CPA firm, and it facilitates recognition for out-of-state CPAs, as a result of the rapid advancement in electronic technology. It's an initiative of the Illinois CPAs. I know of no opposition to House Bill 2194 and STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 would ask for support of House Bill 2194, as amended.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 2194 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 2194, having received the required constitutional majority, is declared passed. Senator Radogno, on House Bill 2196. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2196. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Radogno.

SENATOR RADOGNO

Thank you, Madam President. This bill simply adds the Community Behavioral Healthcare Association to the Illinois Advisory Council on Alcoholism and Other Drug Dependency. I know of no opposition, and would ask for your favorable vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2196 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 2196, having received the required constitutional majority, is declared passed. Senator Rauschenberger, on House Bill 2198. Out of the record. Senator O'Malley, on House Bill 2204. Senator O'Malley. Out of the record. Senator Bomke, on House Bill 2216. Read the bill, Madam STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Secretary.

ACTING SECRETARY HAWKER

House Bill 2216. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Bomke.

SENATOR BOMKE

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 2216 amends the Illinois Public Aid Code, making several changes to the operation of the Education, Training and Employment Program. Requires the Department of Human Services to annually review certain procedures and written material for which TANF recipients -- procedures or written material to inform TANF recipients about their rights and responsibilities. Makes changes to inform the Department that the Department must provide recipients with -- with the recipients have employment or earned income. And I'll be happy to answer any questions.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, this is final action, and the question is, shall House Bill 2216 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 2217 -- 2216, having received the required constitutional majority, is declared passed. On House Bill 2218, Senator Cronin. Senator Cronin. Out of the record. Senator Syverson, on House Bill 2256. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2256. (Secretary reads title of bill) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.

SENATOR SYVERSON

Thank you, Madam President. House Bill 2256 amends the Pharmacy Practice Act. This bill makes drugs approved by the FDA and published in the Orange Book available for generic substitution. This will bring Illinois in line with approximately forty-seven other states with this practice. Happy to answer any questions, otherwise ask for a favorable roll call.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR FAWELL

Thank you, Madam Chairman. Will -- will the sponsor yield for a question?

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR FAWELL

In this bill, it specifically says that if a doctor does not want any substitute, he may mark the prescription and that will guarantee that that prescription will not be filled with a generic drug. Is that right?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.

SENATOR SYVERSON

That is correct. This does not change the current practice of having the doctor in charge.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR JACOBS

Thank you, Madam President, Ladies and Gentlemen of the Senate. I don't have a question, but I do have a little STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 observation of this bill, trying to watch how it's went through the process. And I -- I almost have to chuckle, because this bill truly has been bantered around with seniors writing us letters, and this one writing us letters, and that one writing letters. And when you really boil this down, this bill does, truly, absolutely nothing except -- except to try to settle a turf fight between one pharmaceutical company and the board. That's all that this bill does. And, you know, this bill's going to fly out of here. I think there's no doubt about that, but I would be remiss if I just didn't stand up and say that what has happened in the past, and the board making its actions, in some cases, and -- and the importance of the doctor making decisions with some of these drugs is vital. And unfortunately, that's all been lost in -- in this issue. Currently, -- generic -- genetic {sic) drugs are available with doctor's permission. The difference is, whenever it is done now, there must be a reason, there must be some information given. There should be some discussion with that patient as to how to take that drug in order to ensure that -- that that does not have a counter effect. My daughter-in-law happens to be a pharmacist. I asked her about this, and so often we get caught up in -- in things that we think we already know and truly don't. And I was -- I was shocked to find out, too -- well, you know, when we all sign for those drugs after we get 'em? We think we're just signing that we picked 'em up? No, we're not. We're signing that we received consultation, and that just does not happen. The time is not taken to do that. As I indicated, I'm not sitting here -- I think whether this bill passes or doesn't pass, nothing truly happens any different, but I just would be remiss if I hadn't gotten up to say that. Thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR SHADID

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Thank you -- thank you, Madam Chairman. I don't have a question; I have a statement. This is a pro-consumer, pro-senior health care cost containment bill. And I urge an Aye vote. Thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR E. JONES

Yeah. Thank you, Madam President. Would the sponsor yield?

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR E. JONES

Senator Syverson, what is the real purpose of the bill?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.

SENATOR SYVERSON

The real purpose of this bill is to help make prescriptions affordable in Illinois and to bring us in line with forty-seven other states that currently have this practice.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones.

SENATOR E. JONES

Well, how does it make it affordable when, I believe, over ninety-nine percent of all the generic drugs are approved by this Commission? So how -- generic drugs are approved. So could you tell us, how does this make it affordable?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.

SENATOR SYVERSON

Well, as you stated, ninety-nine percent have been approved. The -- the difference of that one percent has been estimated to cost the consumers in Illinois over a million dollars a month in difference. This can be a savings most to seniors and those that STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 don't have the ability to afford the brand-name drugs.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Jones, you just have to put your light on. Senator Jones.

SENATOR E. JONES

Well, if it is helping senior citizens, could you tell us, how does it save them money? That's the key question. How does this bill save senior citizens money?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.

SENATOR SYVERSON

'Cause generic drugs cost less than brand-name.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further -- Senator Jones.

SENATOR E. JONES

Well, in response to the sponsor of the bill, Madam President, Members of the Body, most of the -- the generic drugs that are now on the market have been approved. We know that senior -- senior citizens on a fixed income, if a pharmacist tell that senior citizen, "I can give you a generic drug for half the cost", that senior citizen is going take that drug at half the cost. But if the doctor checks that box and says it can be substituted, yes. This is one of the most dangerous bills we have, as it relate to consumers. In the event -- in the event a pharmacist looks at the box and the -- the doctor did not check and said do not substitute, then that pharmacist may give that senior citizen a drug -- a generic drug, which could be harmful to the senior citizens -- senior citizen. That's why you have that board. For us to rush through a bill telling the senior citizens they're going to save some money, nothing is further from the truth. The seniors automatically get generic drugs if the doctor think that generic is right type of medication for them. So that's not the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 problem, and to run around here and have all these seniors think they're going to receive some great benefits, that's not the case. Some of these drugs are dangerous. And I know we do have a pharmacist on the Floor. It all depends upon how that particular medication is packaged. Some -- some medication is packaged wherein the ingredients can be released over a period of time. Some -- and a generic may not be as good as the other -- other medicine. So we have to be careful when you talk about medication. Just recently, some doctor lost his license because he was prescribing a particular drug over the Internet. And the reason why they did that, because some drugs can be harmful. The generic medicines on the market today is available. It's not going to help one senior citizen so that -- or any person on fixed income. The -- the committee we have there to protect the Illinois consumers from certain types of drugs, to ensure that those -- those -- those drugs are prescribed accurately for the -- for the prescription that is written. So for one who's going around here and pretending through this legislation that you're going to solve a problem, no, you're not going to do that. You're going to create a problem with this legislation, because some drugs that get out there and are not prescribed accurately going to do more harm and could possibly cause death to -- to the person that you think you are helping with this bill. I urge a No vote on this, because right now those individuals who do take medication, if they want a -- a generic drug and the doctor said they can get it, they can get it. It's not saving any money. All it's doing is probably letting some unsafe drugs on the market. That is not in the best interests of the consumers of this State. I urge a No vote.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR GEO-KARIS

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Will the sponsor yield for a question?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Geo-Karis.

SENATOR GEO-KARIS

I understand that this bill removes the authority of the review of the generic drug substitution from the Technical Advisory Council of the Department of Public Health. Is that true?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator -- Senator Syverson.

SENATOR SYVERSON

That's correct.

PRESIDING OFFICER (SENATOR DONAHUE)

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

SENATOR GEO-KARIS

Well, Ladies and Gentlemen of the Senate, I was in the House when we debated the generic drug bill and when we remodeled it and remodeled it to make it safe for the consumers of Illinois. And this statement -- this part that was in the bill that's been removed is a good safeguard. And I'm reminded of the FDA, the Federal Drug Administration. They're not always right, because if you'll recall, that they had approved - if I recall correctly - the drug thalidomide, which pregnant women had been using and ended up with some -- many children being born defective. So I don't trust the FDA all the way. Actually, we have a better safeguard in the present law we have in Illinois. And I think we've got to keep that in mind - the safety of the consumer. And I cannot help but feel that this bill does take away that advisory -- Technical Advisory Council, which I think is a safety factor for generic drugs.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Hendon. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR HENDON

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

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR HENDON

Thank you, Mr.... Senator Syverson, if you -- if someone wants to -- if your physician wants to change your medication, can they change the patient's medication under this legislation without the patient's consent and knowledge?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.

SENATOR SYVERSON

Can a physician change? The physician can -- if you're talking about can he change from a generic to a brand-name, or back, you know -- in calling in a prescription, are you talking about?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon.

SENATOR HENDON

Yes. Either way. Under this legislation, doesn't the physician, the person giving the prescription, have the right to change that to a generic without consulting the patient?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.

SENATOR SYVERSON

This does not change the current practice of the doctor making the ultimate decision -- or, making the decision, the pharmacist reviewing that decision, and if the pharmacist feels uncomfortable, can call and review with the doctor, and ultimately the patient making that decision. If the -- if the patient does not want the generic, they can certainly ask for the brand-name or STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 vice versa. So we have the three safeguards, and it does not change the current system at all.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon.

SENATOR HENDON

Well, could you explain to us the safeguard for the patient? Is there a requirement in this legislation that they let the patient in on that decision-making process, or is it just between the physician and the pharmacist?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.

SENATOR SYVERSON

Yes, that's in current law right now.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon.

SENATOR HENDON

Could you -- could you explain to this Body why the Department of Public Health is against this legislation?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.

SENATOR SYVERSON

That's a very good question. We've tried to determine that from them, as well. I think my only -- the reality is -- the only -- the only thing I can figure is, is because the TAC committee falls under their jurisdiction, the idea of -- of having a committee reduced in its role is probably something that they don't want to give up.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon.

SENATOR HENDON

...y ou do -- you do acknowledge that the Department of Public Health is against this legislation. Can you explain why the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Department of Public Aid is against this legislation?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.

SENATOR SYVERSON

I have no knowledge or any notation that the Department of Public Aid is opposed to this legislation.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR HENDON

Thank you, Mr. President. I'll close by saying Department of Public Health is against this legislation, Department of Public Aid is against this legislation, the U of I Medical School is against this legislation, and SIU School of Medicine is against this legislation. There are too many prominent organizations that have nothing to gain financially by the passage of this legislation that are against it. So I urge a No vote.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR PARKER

Thank you, Mr. President, Members of the Committee -- of the -- the Chamber. We were in Public Health. There was ninety minutes of testimony on this bill, and it was very clear - because I have to tell you, I have thought long and hard on this piece of legislation - there was a lot of misinformation going around. This piece of legislation has nothing to do with changing what the doctor presently does on the prescription drugs -- on your prescription. It has nothing to do with that. When he checks it off -- if he checks it off now, he checks it off then. And so the only thing that this bill does do is go into changing the authority of that TAC committee, which I can tell you we are about the only State in the country that has it as it is set up right now. If the doctor wants brand-name dispensed drugs, all he does STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 is write in "dispense as written" as he did before. The legislation changes in no way the relationship between a doctor, the pharmacist or the patient. It has no impact on prescription notification laws. It simply makes generic drugs available as soon as the FDA approves them. And one of the groups that is for this is AARP. It is the senior citizens who want to have that availability without having things held up for purposes within a small committee that may have arguments between different pharmaceuticals and not really getting the drugs to the patients as quickly as they -- or, that availability as quickly as they can, or as they should. So, I would say that this brings Illinois in line with other states, and I would urge an Aye vote.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR OBAMA

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I stand in support of this bill; although, when I first started considering the issue, I didn't know which side I would be on. I think that this was a complicated and fairly technical issue, and -- and trying to figure out whether, in fact, FDA-approved drugs were equivalent and safe for consumers. Now, we had a lengthy testimony and a lengthy debate in committee. We had both sides making their respective arguments. I actually spoke to FDA officials in Washington to try to get this clarified, and this is my essential understanding: My essential understanding is, is that if the FDA has approved these drugs, then they are the equivalent of the generic -- the generics are equivalent of the brand-name drugs. There is a legitimate question concerning whether or not the dosage rates and how they are released may change between a generic drug and a brand-name drug, and what I was informed of is is that there may be complications in certain situations that might arise if a patient was switched from a STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 brand-name drug to a generic drug and vice versa without the doctor knowing about it. But this bill does not deal with that particular concern. The question is, whether the doctor in prescribing a generic drug, whether that generic drug is safe or not. And all the evidence that -- that I got, not only from the FDA, not only from the lobbyists, but also from physicians that I talked to independently, indicate to me that this bill would permit generic drugs from being substituted that, in fact, are safe and therapeutically equivalent. There may be some other concerns having to do with variances between brand-names and generics and shifting them back and forth, but those aren't dealt with by the TAC committee. And the TAC committee, in fact, does not do its own testing, so they don't have the capacity to do a better job than the FDA does in determining whether these things are equivalent or not. On the merits of the bill, I actually think that this is the right thing to do. And I would urge an Aye vote.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR DILLARD

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a very, very complicated and difficult bill. And there are very few bills in this Legislature that we ever debate that I believe truly are life-and-death types of bills, and I believe this is one of 'em. For the past several weeks, all the lobbyists and media have descended on us, like we have a number of other bills, with a lot of statistics and they talk about the savings and how senior citizens are for this. But I think that the savings are not that great and the proponents of the bill really trivialize the medical dangers that are associated with this bill. And I think we need to, from time to time, turn our attention away from the financial interest of those who want this bill, the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Retail Merchants and others, and really heed the advice of the people that are most affected by this legislation, and that's the most critical care physicians of the State and their patients. These highly specialized practitioners have told us - I've seen the letters from them - we're not talking about family practitioners; we're talking about high-degree specialists - that this is a bad and dangerous bill when you weigh how much money this might save the public at large. I wasn't in the Public Health Committee - I'm not a member of that committee - but I know that Illinois' foremost antirejection physician - we have the George Ryan and Jesse White show today encouraging people to have organ transplants - the State's foremost antirejection drug physician testified in front of our Public Health Committee that this bill is dangerous. And I got to tell you, as a layperson, I don't have the ability to make these kinds of decisions, and I'm going to rely on the physicians who tell me that this doesn't save that much money and that this is dangerous; to err on the side of safety in the State of Illinois. Nineteen other states have a technical advisory committee for pharmaceutical drugs. So we are not alone in the type of mechanism we have here. And, in fact, our TAC in this State is so good that the FDA has actually taken a drug off of the national generic list that our TAC proved to them that was dangerous. And I think that the TAC provides an extra degree of safety, as Senator Geo-Karis pointed out. 99.9 percent of all generic drugs are available to all our neighbors in the State of Illinois. We are talking about a very limited number of drugs for the most critically ill people of the State of Illinois. This bill -- I know one of the things that I received says it's not about Coumadin, the most common blood thinner that's in the State of Illinois. The bill's a lot more about that, but most people who take Coumadin, this blood thinner - and this goes to the senior citizen issue - are elderly people, people that STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 sometimes have not the perfect sight that some of us are blessed with. And I think that this bill is not good for senior citizens. With all due respect to AARP and the senior citizens groups that are out there, I think you will find that there are real bad problems here. So I'm casting my vote today based upon my ignorance as a layperson on whether this is good or bad, and placing my reliance on those physicians who treat these critically ill people on a daily basis. I will say that a couple of things also caught my attention. A recent survey from the National Epilepsy Foundation shows that forty-one percent - forty-one percent - of epileptics nationwide reported that their seizures got worse when they were put on generic drugs. And also the Illinois Pharmacists Association is opposed to this bill. In reality, and I was thinking long and hard what happens out there and I sit right behind Senator Watson, who is the epitome of what a great and excellent pharmacist should be. Frank runs his store and he knows his patients and he and his staff are very careful. But I got to tell you, in my district, we are now where we have gigantic Walgreens, and we have gigantic Osco pharmacies. And people go in these pharmacies at three o'clock in the morning and four o'clock in the morning and they see a different pharmacist time and time again. And I got to tell you, Ladies and Gentlemen, mistakes happen. As good and as careful as pharmacists are, mistakes happen. And maybe with the 99.9 percent of the drugs that are available generically to the people of Illinois, it won't be a life-or-death situation, hopefully. But in some of these cases, with the kind of drugs we are talking about, somebody can die or somebody can be seriously injured. And I got to tell you, my biggest fear is that, where you have a physician who allows generic drugs to be prescribed at 4 a.m. on Halsted Street in the City of Chicago, an unknown pharmacist is going to say, "Yeah, Kirk Dillard can have a generic drug", and he's going to STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 substitute one generic for another generic and that could kill me in the right situation. So, I just think that this bill doesn't save that much money. Certainly, on the balancing test of life and health versus what it saves, I believe it's bad. And I'm going to rely on the best physicians of the State of Illinois who tells me that this bill is not good medicine for the people of Illinois, and that is why I'm going to be voting No.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR SHAW

Will the -- will the sponsor yield?

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR SHAW

Yes. Could you tell us exactly why the Illinois Medical Society is not supporting this bill? Or are they supporting it?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.

SENATOR SYVERSON

I think the -- the better question would be, why has the Medical Society not opposed this bill. They have taken a neutral stand on this bill because they believe that -- that this is an issue that is best debated here, and based on the evidence, they don't have enough information to have a objection with this piece of legislation. They have members on both sides of this issue.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw.

SENATOR SHAW

Is the -- is the Medical Society made up of primarily doctors? Is that what we're talking about here?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR SYVERSON

I would say the Medical Society is made up of primarily doctors, yes.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw.

SENATOR SHAW

And you have reported to us that this important piece of legislation going to do so much for the seniors and citizens of this State. Tell the doctors of this State will not take a position in terms of passing this bill. If this medication is so great and the doctors are the one that's going to be prescribing it, does it stand to reason to you that they would be neutral on something that's going to save lives that they have taken a hypocritic oath to -- Hippocratic oath to make sure that they carry out their function?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.

SENATOR SYVERSON

Individual doctors have weighed in on both sides of this issue. I don't think it's our job to sit here and make decisions on legislation based on what the Medical Society says. They were not elected to represent the citizens of this State. We're represented {sic) the citizens of this State, and so for us to say the Medical Society is for or against and -- and that's what we're going to make our determination on legislation, is not correct. We talked to individual doctors. Many of -- people on both sides of the issue have talked to doctors on it and there is certainly disagreement on the issue. And so, for that reason, I think the Medical Society has chosen not to oppose this because they don't see a great danger in what we're trying to do in making drugs affordable for those low-income seniors and low-income families who are finding paying for prescriptions one of the most expensive STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 parts of their medical cases.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw.

SENATOR SHAW

Well, if you had told me that the -- that the pharmacists had not taken a position, I could understand that, because they're the one that's dispensing the drug, but when you tell me the -- a group of highly skilled physicians in this State that work at hospitals all across this State and treat seniors on a daily basis, that if this -- if these generic drugs were so wonderful to the citizens of this State, I think the doctors would be leading the parade, in terms of supporting this legislation. The Medical Society have never been bashful about supporting programs that's good for the people of this State and good for their patients. They've never been bashful about this. But here's an issue that you are saying that the doctors of this State is not going to take a position, and the senior citizens have been led to believe that this is a cure-all for them and that they're going to save a lot of money. I think this is wrong. I think the -- and this legislation will probably fly out of here because of a perception, but it's a -- I believe that you are doing an injustice upon the people of this State, particularly seniors who are on fixed income and trying to save some money, and I understand that. And that's the way this package has been sold to senior citizens across this State. But the physicians know better. That's why they are not supporting this bill. And I would urge a No vote.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR T. WALSH

Thank you, Mr. President. I move the previous question.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Request is in order. There are one, two, three, four, five STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 additional speakers. Further discussion? Senator Sullivan.

SENATOR SULLIVAN

Thank you, Mr. President, Ladies and Gentlemen of the Senate. As a member of the Public Health Committee, I struggled with this bill. I wasn't sure what to do, as I think most of my colleagues weren't. I basically harassed my pharmacist and my doctor for their input on this bill, because, as -- as Senator Dillard said, I don't view myself as an expert on this. So I got their input. And after I got their input, I voted in favor of this bill, as did the entire committee on a bipartisan roll call. It came out of committee unanimously. One of the questions that I had, and I think several Members had, were that since there are forty-seven other states that have this legislation, where are these serious problems? Should there not be some statistical proof that there are these serious problems that people think are going to happen? And they were not able to produce a convincing argument that those -- argument is sound. Where are the problems? They were not able to produce that. That's why we got a unanimous vote out of the committee . And if you look at the list of supporting organizations, it varies from the Manufacturers and the Retail Merchants to the AFL-CIO, the IEA and the IFT. I urge an Aye vote.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR VIVERITO

Thank you, Mr. President. I was reluctant to say anything, but I -- I really didn't know what I wanted to do either. But I had a particular cholesterol problem a few years back, and, frankly, I had one of the newest drugs, come out of Sweden, called Zocor. And I've been taking it now for almost five years at night before I go to bed, and my cholesterol today is about one seventy-five. Of course, I work out three or four days a week. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Thank you. Thank you very much. But in all due respect, I talked to what I consider, at least I believe -- he was in a Chicago magazine as one of the finest cardiologists in the Midwest. He told me that this probably would not be in our best interest to vote for it. I talked to three physicians that's been working for us in primary health care for about twenty-some years. And I have a public health district in my particular town. Each one of the physicians talked to me. They said it would not be a good bill for us, because if you have a serious problem, you want to be certain that you have the very best quality coming to you. A lot of the seniors are going to believe that we're voting against them. It isn't the case. And I appeal to you who -- any of you who've had any particular problem at all, I'd vote against this bill. Thank you, Mr. President.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR FAWELL

I apologize for getting up for a second time, but one of the -- when I started out looking at this bill, I -- I really did have some serious reservations about it, because my son was on Coumadin, and that is one of the bills that -- I mean, one of the -- one of the drugs that we are talking about that's very sensitive. I happened to be in the Health and Welfare Committee the day that this was being debated. And it is true, there were some doctors that got up and said this was not a good idea. However, there were also some -- some doctors and some other people that got up and said, "But there is a safety mechanism." And that mechanism is that, indeed, on these prescription orders, there is a box, and that box can be checked by any doctor that prescribes any drug, that says this cannot be substituted. It seems to me that as long as that box is there, as long as we are assured -- and that's the reason, frankly, I started this whole STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 debate; I wanted to have it on record that, indeed, that box must be there on that prescription order and that the doctor has the right to check that box. I would feel very uncomfortable voting for this bill if that were not true, because I was told, with Steve, who did have to have his blood tested three times a week, that this particular medication that he was on was -- could be very dangerous if it were not watched very carefully. It could have killed him quicker if -- if -- if he got too much or not enough. So, with that assurance that that box will be on the prescription and that a doctor has the right to check that box and that the pharmacist, indeed, must follow that direction that he cannot substitute a generic drug, I feel safe in voting for this bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Geo-Karis, for a second time.

SENATOR GEO-KARIS

I apologize. I echo the comments of Senator Dillard and Senator Viverito. And just keep in mind, there are all kinds of generic drugs, and when your druggist can substitute any generic drug he wants to, he's not helping the senior citizens. And I have a vested interest in that, 'cause I am a senior citizen. And I vote -- I ask for a No vote.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR WATSON

Well, thank you very much, Mr. President. Lot of misinformation out here on the Floor, and in the halls actually, for that -- for that matter. I hope that -- that those of you that haven't made your mind up or aren't really sure what this legislation does, listened to Senator Parker, because she explained it perfectly. And that's -- that's -- exactly what she said is what this legislation is all about. A lot of what's being STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 said on the Floor goes into a whole nother realm of -- of professional practice. And -- and Zocor, Senator Viverito, isn't even available generically; it can't be substituted. So, for that -- for you to be concerned, there's no generic available. But let me -- the thing about this legislation that -- that bothers me, or that I've said from the very beginning, is it really, truly, doesn't go far enough. There's a whole list - and I've got 'em right here - there's two and a half pages of drugs that are not impacted by this legislation. But, what I'd like to ask the sponsor, and a question of the sponsor is: We are not doing away with the Technical Advisory Council. We're not doing away with them. And one of the reasons we're not is we've -- many of us feel they should have the ability to continue to review those products that we call pre-1938 drugs and if they are considered bioequivalent, they ought to be interchangeable, and I want to make sure that the sponsor - if that is the case with this -- intent of this legislation.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.

SENATOR SYVERSON

Senator Watson, you're absolutely correct. This legislation does not do away with the TAC committee. It does not alter their -- their past or the future authority when it comes to reviewing the non-Orange Book products. So that -- you are correct, there is not that change.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

SENATOR WATSON

Very good, I'm glad to hear that. Senator Jones talked about generics, and there's a lot of generics out there now that we use in -- in the drugstore. And there is a considerable - considerable - price difference, I -- I want to tell you. It STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 varies, obviously, from drug to drug, but to say, and get up on the Floor and say, that this doesn't have a fiscal impact is totally wrong. Because -- I can tell you firsthand, even when you go in with an insurance card, in many cases, if you use a generic drug, you get it for less cost than you do if you use the brand-name. So there is a significant difference in the economy of this -- of this legislation. And I -- I -- I -- I'm a pharmacist. I'm out there. I'm in this drugstore still. I own a pharmacy. I have a conflict of interest, obviously, in this legislation, but I'm going to vote my conscience. And the reason is, is because I'm there and I look at that customer and I look at that customer in the eye, and I'm not going to -- you think I'm going to do anything that's going to jeopardize the -- the health care, and the concern, and the quality of care that's going to be given to that -- that customer of mine -- customer of mine? No, and neither's the physician. Physician's not going to do that. That's not going to happen. And I've got -- and several people have commented about the way prescriptions are, and anybody that's got a question about it, I've got several here, you can come over and take a look at. And there is the protection right now, and that's why the Illinois Medical Society didn't take a position on this, 'cause it doesn't really impact their practice at all. Because what happens now, if I go into a -- if I go into a -- a doctor and I ask for a prescription and the doctor writes it out for me, there are -- there are things he must do -- he or she must do. And on the prescription blank, it must say that you -- "substitution is permitted" or "dispense as written", or it may have a box, says "may not substitute" or "may substitute". The physician checks that. That's the protection that's here. And that's the protection, that if someone who's concerned about generic drugs, all they do, may not substitute. Goes in there, the pharmacist, by law, must -- he has to -- he or she has to give STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 them the brand-name. That's the way this -- the way it works right now. And that's not going to change under this -- under this legislation. So I -- I -- I'm flabbergasted sometimes, unfortunately, by the -- and not the fault of the Members on the Floor. I think it's the fault, sometimes, of the lobby groups out here who -- on both sides of the issue, there's a lot of misinformation. -- don't think about -- for a And don't be minute, that this isn't about dollars and cents on both sides - on both sides. I mean that's a -- that's a fact of life. The manufacturers are trying to protect their interests. Those that are making generics, they want to be involved. That's -- that's one side of the bill. But that's not everything that it's about. But, truly, there is some dollars and cents. But this is the truth, this is the right thing to do. This is the right thing to do, and I urge your support.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall House Bill 2256 pass. I'm sorry -- I beg your pardon. Senator Syverson, to close.

SENATOR SYVERSON

Mr. President, I appreciate your urgency to vote Yes...

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator -- Senator Syverson.

SENATOR SYVERSON

...on this bill and... First, let me just say, thank you to Senator Fawell for starting this debate today. And second, Senator Hendon - some of the things you had talked about with the Public Health - I intentionally held this bill for a month and we told the Department of Public Health, "Come back to us with information to -- to give us a reason why you're concerned." We told the Department of Public Health to go ask the forty-seven other states that do this. Talk to their Department of Public Healths and bring us back any kind of information that there has STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 been a problem. And after all this time, they came back and said, "We can't find anything that shows that there is a problem." We've asked the opponents of this bill, "Bring us something." "In all the other states that do it, -- bring us a problem," and they were unable to bring us any information. Senator Geo-Karis, the TAC committee was originally formed when the FDA did not approve generic drugs. Things have changed now and the FDA does look and study generic drugs. That's why the need for this is not there. And for Senator Dillard and Senator Jones: We talk about protecting seniors. You weren't there this summer when we had the hearings in Chicago meeting with these seniors about the problems of affordability of drugs. Senator Munoz was there. Senator Smith was there. Senator Jones was there. We wondered -- we're talking about health concerns. Sit there at the meeting and have these seniors come and say, "I cut my drugs in half because I cannot afford to take my drugs." Or sit there -- seniors sit there and say, "I take my drugs or my husband takes the drug every other day because I can't afford to take it as the doctor prescribes it." That's where seniors' health is being hurt. That's where people's health is being hurt, because they can't afford it. Today we have an opportunity to pass legislation to help those on fixed -- incomes, and to help those seniors. When you look at those groups who are supporting this legislation, those are truly the ones that represent those individuals that have nothing to gain by this - the AARP, and as was mentioned, Citizens Actions - a wide variety of union groups that support this, who are only looking out for the interests of their members. So I would urge a Yes vote for the consumers of this State. Thank you very much.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) And now, the question is, shall House Bill 2256 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 45 Ayes, 12 Nays, 1 Member having voted Present. House Bill 2256, having received the required constitutional majority, is declared passed. House Bill 2257. Senator del Valle. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2257. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. House Bill 2257 removes the cap on the maximum number of community service work hours that can be assigned to a delinquent minor on supervision. This would give the judge more discretion in dealing with the case.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2257 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 58 Ayes, no Nays, no Members having voted Present. House Bill 2257, having received the required constitutional majority, is declared passed. House Bill 2261. Senator Klemm. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 2261. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR KLEMM

We have -- the Upper Illinois River Valley Development Authority Act has six counties that are working together to -- for economic development. Two count.ies have asked to join, Kane and McHenry Counties. They've been welcomed into it. This is legislation to allow them to join. I ask for your support.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR WELCH

I had a question of the sponsor.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR WELCH

Senator Klemm, are either of these counties on the Illinois River?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.

SENATOR KLEMM

No, they feed in from the Fox River into the Illinois. The Fox River is a large tributary into that area.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch.

SENATOR WELCH

Well, you know, we have three of these regional authorities. Why not just create your own authority? I mean, this is one that we created for the counties down on the river itself. And I'm not sure -- we let Kendall County into this, and now the State Representative from Kendall County decides to add two more counties. Seems to me that it would be easier just to take those three counties and form your own district, than to -- than to be in an existing district. And the way this is going to be now, it's going to be shaped like a -- like a T, because you're going STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 to be including the Wisconsin border, Kane County, just to get to McHenry County. Why not just do your own district?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.

SENATOR KLEMM

Well, it's felt that we don't need to create additional entities and other additional development authority Acts. We can include this one. The legislators in the House felt the same way. We felt that we could combine efforts. It would make it even more effective, and that's the reason they were combined together instead of creating more government.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR RAUSCHENBERGER

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I guess I would like to ask the sponsor a question or two.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm {sic}.

SENATOR RAUSCHENBERGER

Senator, as the -- you know, I represent most of Kane County, and I have yet to hear from my Kane County Board or anyone in Kane County expressing a desire to be included in this Authority. Do you have any evidence that this -- you know, that Kane County wants to be included in this?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.

SENATOR KLEMM

Well, I've been advised that it was suggested by both Kane and McHenry Counties, and I apologize if they didn't contact you, but I have no control over that.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR RAUSCHENBERGER

I -- I don't mean to be, you know, a problem, but I -- I would appreciate you taking it out of the record until we have confirmation, because I -- I see Senator Lauzen indicating -- and none of my House Members have talked to us about this. If McHenry County wants in, you know, I can understand that, but -- but to the best of my knowledge, Kane has not expressed an interest, and I'd appreciate you giving me a chance to check, if that's okay.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.

SENATOR KLEMM

As a courtesy to my Members, I'll take it out of the record.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Out of the record. House Bill 2281. Senator Burzynski. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2281. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynski.

SENATOR BURZYNSKI

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill provides that trustees of a district with an annual operating budget of a million or more may be paid a -- sum not to exceed one thousand dollars per annum. Also provides that trustees in a water district operating sewerage properties in combination with its waterworks properties may be paid a sum not to exceed two thousand dollars, which is now twelve hundred per year. Be more than happy to answer any questions.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? If not, shall House Bill 2281 pass. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 48 Ayes, 7 Nays, 1 Member voting Present. House Bill 2281, having received the required constitutional majority, is declared passed. House Bill 2283. Senator Donahue. House Bill 2298. Senator Weaver. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2298. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver.

SENATOR WEAVER

Thank you, Mr. President and Members of the Senate. House Bill 2298 would amend the Counties Code and rewrite provisions for special use authorizations. It deletes the current text and provides that the county board may, by ordinance, provide for a classification of special uses. It would provide the board of appeals -- it provides that the board of appeals must hold a public hearing on the proposed special use. It requires the notice of hearing to contain information about the location of the property in which the special use is proposed, and -- the owners of the property, and a brief statement of the purpose of the special use. Requires that the advance notice be given municipalities whose boundaries are located within one and half miles of the property, and if the owner of the -- and to the owners of the property adjacent or immediately across the street. Provides the person requesting the special use must pay the cost of the notice. County boards may delegate the authority to grant or deny special use to the board of appeals. That's basically what the bill does. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2298 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2298, having received the required constitutional majority, is declared passed. House Bill 2203 {sic) (2303). Senator Hawkinson. Out of the record. House Bill 2306. Senator Clayborne. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2306. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Clayborne.

SENATOR CLAYBORNE

Thank you, Mr. President, Members of the Senate. Basically, House Bill 2306 adds an additional definition for "public official" and it includes appointed assistant State's attorney in the definition. It also changes the offense from a Class 4 to a Class 3. This came about as a result of one of my -- in the State's attorney's office -- this is an initiative of the State's Attorney of St. Claire County, where one of his assistants was threatened with his life. So, if there are any questions, I'll be more than happy to answer them. I ask for your favorable vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2306 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Members voting Present. House Bill 2306, having received the required constitutional majority, is declared passed. House Bill 2308. Senator Sieben. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2308. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

SENATOR SIEBEN

Thank you, Mr. President. This legislation sets up a procedure by which residents of a hospital district may file a petition for detachment. At the request of the Hospital Association, we've narrowed up the language here to make it specific to a district, Morrison Hospital District, that -- or I Senator Jacobs and I share. I know of no opposition, ask for an Aye vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? If not, the question is, shall -- House Bill 2308 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2308, having received the required constitutional majority, is declared passed. House Bill 2308 -- 2310. I'm sorry. Senator Lightford. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2310. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND Senator Lightford. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

SENATOR LIGHTFORD

Thank you, Mr. President. Members of the Senate, this legislation simply provides for the stalking of a member of a person's family. It provides that a person confined in a penal institution can commit the offense of stalking and also provides relevant definitions. I ask for your favorable vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2310 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2310, having received the required constitutional majority, is declared passed. House Bill 2320. Senator Watson. Out of the record. Top of page 17 is House Bill 2347. Senator Sieben. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2347. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

SENATOR SIEBEN

Thank you, Mr. President. This legislation would change the minimum terms of imprisonment from manufacturing, delivering or possessing with intent to deliver methamphetamines. Ask for an Aye vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2347 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6 , 1999 record, Mr. Secretary. On that question, there are 57 Ayes, no Nays, no Members voting Present. House Bill 2347, having received the required constitutional majority, is declared passed. House Bill 2349. Senator Munoz. Senator -- read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2349. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Munoz.

SENATOR MUNOZ

Thank you, Mr. President, Members of the Senate. House Bill 2349 amends the Criminal Code of 1961 relating to contributing to the criminal delinquency of a juvenile. A person at least twenty-one years of age who with intent to promote or facilitate the commission of a felony or misdemeanor, solicits, compels or directs any other person under seventeen years of age in the commission of the felony or misdemeanor, commits the offense of contributing to the criminal delinquency of a juvenile. The offense is a felony one grade higher than the offense committed by the juvenile if the offense committed by the juvenile is a felony. The offense is a misdemeanor one grade higher than the offense committed by a juvenile, if the offense committed by the juvenile is a misdemeanor. The offense committed by a juvenile is first degree murder or Class X felony, the penalty for contributing to the criminal delinquency of a juvenile is the same as the penalty for the offense committed by this juvenile. If the offense committed by a juvenile is a Class A misdemeanor, the penalty for contributing to the criminal delinquency of the juvenile is a Class 4 felony. Currently, contributing to the criminal delinquency of a juvenile only involves promoting the commission 130 STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 of a felony. House Bill 2349 has broadened the offense to include the promotion of all crime.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2349 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2349, having received the required constitutional majority, is declared passed. House Bill 2360. Senator Wendell Jones. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2360. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Wendell Jones.

SENATOR W. JONES

This bill amends the Criminal Code and increases the penalties for a sexual offense. I'd appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2360 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2360, having received the required constitutional majority, is declared passed. House Bill 2494. Senator Tom Walsh. House Bill 2518. Senator Rauschenberger. House Bill 2519. Rauschenberger. House Bill 2593. Senator Parker. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 House Bill 2593. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Parker.

SENATOR PARKER

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2593 merely removes the sunset on the Women's Business Ownership Act, which is currently September lst, 1999, and changes that date, extends it to September 1st of the year 2004. This is recommended by the Governor's Commission on the Status of Women. I would ask for a favorable vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2593 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 57 Ayes, no Nays, no Members voting Present. House Bill 2593, having received the required constitutional majority, is declared passed. House Bill 2605. Senator Myers. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2605. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Myers.

SENATOR MYERS

Thank you, Mr. President, Members of the Senate. This creates the Illinois Rivers-Friendly Farmer Program Act to recognize farmers who are helping to clean up the State's rivers by meeting established criteria. The Committee Amendment No. 1 ensures that STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 farmers will be meeting all these standards put forth in the Illinois River(s)-Friendly Farmer Program by requiring evidence of compliance with all the provisions, and it also provides for a processing fee of fifteen dollars for farmers requesting this designation. I would be happy to answer questions.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2605 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 57 Ayes, no Nays, no Members voting Present. House Bill 2605, having received the required constitutional majority, is declared passed. House Bill 2630. Senator Geo-Karis. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2630. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR GEO-KARIS

Thank you, Mr. President, Ladies and Gentlemen of the Senate House Bill 2630 does two things. It increases the penalty for the second or subsequent conviction of falsifying information in a motor vehicle title document from a Class 4 to a Class 3 felony. Also, under the current law, the increased penalty for a second or subsequent offense is applicable only if the second or subsequent offense occurred within five years of a previous offense. The bill removes the requirement that the second or subsequent conviction must have occurred within five years of the previous conviction. And I ask for a favorable vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Is there discussion? Is there discussion? If not, the question is, shall House Bill 2630 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 57 Ayes, no Nays, no Members voting Present. House Bill 2630, having received the required constitutional majority, is declared passed. House Bill 2632. Senator Peterson. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2632. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Peterson.

SENATOR PETERSON

Thank you, Mr. President. House Bill 2632 repeals the Land Sales Registration Act of 1989 and replaces it with the Land Sales (Registration) Act of 1999, due to the December 31st, 1999, sunset of the current law. It requires registration with the Office of Banks and Real Estate before offering lands located outside Illinois for sale to Illinois residents. Provides requirements for registration, including fees. Provides standards for sales contracts relating to lands covered by the Act and for other business practices relating to the sale of bonds covered by the Act. Provides for penalties for violation of the Act, including a civil penalty not to exceed twenty-five thousand dollars for certain acts. Makes certain conduct in connection with making a false statement or a misrepresentation concerning lands for sale a Class 4 felony. Provides that the Land Sales Registration Act of 1999 is repealed on December 31st, in the year 2009. The bill maintains the same basic licensing requirements and regulatory structure which exists under current law, but the language of the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 law has been reorganized and updated. I ask for your support of House Bill 2632.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2632 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2632, having received the required constitutional majority, is declared passed. House Bill 2639. Senator Donahue. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2639. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Donahue.

SENATOR DONAHUE

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This bill simply changes the word "inspection" to "certification" fee. And it allows the DNR to have certification fees collected as opposed to inspection fees. And I would simply ask for your support.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2639 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2639, having received the required constitutional majority, is declared passed. House Bill 2640. Senator Rauschenberger. Read the bill, Mr. Secretary. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

Harry (surname or first name uncertain)

House Bill 2640. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Mr. President, Ladies and Gentlemen of the Senate This bill is bill number two in DNR1s comprehensive legislative agenda this year. This bill has three main points. It repeals the Radiation Installation Act in order to eliminate duplication between the Radiation Installation Act and the Radiation Protection Act of 1990. Secondly, it establishes a single fee structure to replace the divided registration and inspection fee system currently in place. And, number three, it creates a new Class D radiation installations in order to eliminate nondepartmental inspectors and to allow the Department to perform on-site inspections. This is a good government bill. I'd appreciate your favorable consideration.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2640 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2640, having received the required constitutional majority, is declared passed. House Bill 2646. Senator Rauschenberger. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2646. (Secretary reads title of bill) 3rd Reading of the bill. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill is not a rewrite of the electric deregulation bill and it does not relate to telecommunications. It simply permits the Illinois Commerce Commission to serve orders -- orders and notices of hearings via electronic means rather than by paper. It's a bill that they think will improve their paperwork flow. This is to the affected parties in ICC proceedings which are registered. I'd appreciate your favorable consideration.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR DEMUZIO

Well, I think it's a good idea. The fact of the matter is, is that we had another bill that would have done basically the same thing with all of the various reports that come to the General Assembly. And it failed in the Executive Committee, but at least this is a step in the right direction.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? If not, the question is, shall House Bill 2646 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2646, having received the required constitutional majority, is declared passed. Top of page 18. House Bill 2654. Senator Philip. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2654. (Secretary reads title of bill) 3rd Reading of the bill. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip.

SENATOR PHILIP

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2654 amends the Unemployment Insurance Act. The bill resets the "speed bumps" in the Unemployment Insurance Act so that it takes effect on January 1, of year 2004. Without the bill, the speed bumps will take effect on January 1, in the year 2000. Speed bumps in the Unemployment Insurance system increases the wages that employees have to pay on taxes. It also decreases the amount of benefits the unemployment workers can receive. This bill also makes technical changes requested by the Department of Employment Security in five additional areas of the Unemployment Insurance Act. Both labor and business have supported this bill. I must commend the new Director. She has done a very good job of negotiating between labor and management. Be happy to answer any questions, and hope there'll be some green lights up there.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2654 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2654, having received the required constitutional majority, is declared passed. House Bill 2676. Out of the record. House Bill 2698. Senator Klemm. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2698. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) 138 STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Senator Klemm.

SENATOR KLEMM

Thank -- thank you, Mr. President. House Bill 2698 would include counties having a population of more than a hundred and fifty thousand to be concerned and have open space programs. There -- Amendment No. 1 answered the concerns about eminent domain that was removed that the Board of Realtors had a question. And there is no opposition. I do ask for your support.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? If not, the question is, shall House Bill 2698 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2698, having received the required constitutional majority, is declared passed. House Bill 2708. Senator Geo-Karis. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2708. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR GEO-KARIS

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill, as amended, amends the Criminal Code by creating a new offense, which makes it Class 4 felony for a child sex offender to be present in a child care facility, on the real property comprising a child care facility, or within five hundred feet of a child care facility or the real property comprising a child care facility. And I ask for a favorable vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Is there discussion? If not, the question is, shall House Bill 2708 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2708, having received the required constitutional majority, is declared passed. House Bill 2711. Senator Dudycz. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2711. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

SENATOR DUDYCZ

Thank you, Mr. President. House Bill 2711 amends the Sex Offender Registration Act by requiring sex offenders to register their place of employment. It amends the Sex Offender and Child Murderer Community Notification Law, requiring the State Police to make available information on the Statewide Sex Offender Database accessible to the public on the Internet and requires the Department to include photographs of those sex offenders in the Database. And I would ask for your support.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR MOLARO

Yes. Thank you. Would the sponsor yield for a question?

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR MOLARO

Is the new -- is the new part of this that he would have to notify his employer? Is that the new part of this bill? So -- or STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 is that already in the law, that you have to notify your employer?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

SENATOR DUDYCZ

Neither, Senator Molaro. What it does is requires the -- the convicted sex offender to notify the law enforcement agency of where he works.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? If not, the question is, shall House Bill 2711 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 57 Ayes, no Nays, no Members voting Present. House Bill 2711, having received the required constitutional majority, is declared passed. House Bill 2720. Senator Donahue. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2720. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Donahue.

SENATOR DONAHUE

Thank you very much, Mr. President. House Bill 2720 is kind of a technical cleanup of our -- from Central Management Services for our group -- State Health Group Insurance. What it does is it brings the federal Health Insurance Portability and Accountability Act of 1996. It upgrades with the Illinois Insurance Code. It puts in place the agreements by recent union negotiations. It changes an operation of the State health insurance program since the State first moved it to self-insurance in 1987. And it has a new program for community college retirees that's set to begin on 141 STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 July lst, 1999. And it is completely supported by the Department of Central Management Services and the Illinois Department of Insurance. I'd be happy to answer any questions, or ask for your support .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? If not, the question is, shall House Bill 2720 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2720, having received the required constitutional majority, is declared passed. House Bill 2724. Senator Donahue. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2724. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Donahue.

SENATOR DONAHUE

Thank you, Mr. President and Members of the Senate. House Bill 2724 would provide that no bond would be needed for contracts under five thousand dollars. For each of these small contracts a bond is not really necessary, because it increases the cost, the paperwork and, in some ways, really discourages people from bidding on these contracts. So it just simply eliminates the bond requirement for contracts under five thousand.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2724 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 record, Mr. Secretary. On that question, there are 56 Ayes, 2 Nays, no Members voting Present. House Bill 2724, having received the required constitutional majority, is declared passed. House Bill 2732. Senator Watson. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2732. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

SENATOR WATSON

Yes, thank you very much, Mr. President. House Bill 2732, if you look at your Calendar and read the Calendar, it does exactly what it says. It just codifies current practice by the Department of Revenue to allow people who are living in mobile homes access to the circuit breaker program. This passed out of the Revenue Committee on an Agreed Bill List. So I -- there's not been much objection, and I would appreciate your support.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2732 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2732, having received the required constitutional majority, is declared passed. House Bill 2733. Senator Weaver. Out of the record. House Bill 2735. Senator Watson. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2735. (Secretary reads title of bill) 3rd Reading of the bill. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

SENATOR WATSON

Yes, thank you very much, Mr. President. This is the Viverito bill, because this deals with atherosclerosis. And it's a -- it's a prevention Act, and you mentioned this in earlier debate, Senator. This requires the Department of Public Health to establish a program for the prevention and reduction of death from atherosclerosis. So, this is a -- also it requires the Department of Public Health to appoint an eleven-member advisory committee to establish guidelines for implementing the Act.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2735 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2735, having received the required constitutional majority, is declared passed. House Bill 2748. Senator Hawkinson. Out of the record. House Bill 2753. Senator Wendell Jones. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2753. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Wendell Jones.

SENATOR W. JONES

This -- this -- thank you, Mr. President, Members of the Senate. This amends the Medical Assistance Article of the Illinois Public Aid Code. Provides the Department of Public Aid may not require, as a condition of payment for any laboratory test STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 authorized under the Medical Assistance Article, that a physician's handwritten signature appear on the laboratory test order form. Provides that the Department may impose other appropriate requirements regarding laboratory test order documentation. I'd appreciate a favorable vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2753 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2753, having received the required constitutional majority, is declared passed. House Bill -- out of the record. Top of page 19 is House Bill 2771. Senator Rauschenberger. Senator Rauschenberger on the Floor? House Bill 2772. Senator Sullivan. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 27 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sullivan.

SENATOR SULLIVAN

Mr. President, Ladies and Gentlemen of the Senate, House Bill 2772 requires the Tollway to present, to the committees of the House as designated by the Speaker and committees of the Senate as designated by the President, an annual report outlining its planned revenues and expenditures. This is an initiative of the Governor, as he talked about in his campaign, to bring more accountability to the Tollway by the Legislature, and I ask for an Aye vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Is there discussion? Is there discussion? If not, the question is, shall House Bill 2772 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 56 Ayes, no Nays, no Members voting Present. House Bill 2772, having received the required constitutional majority, is declared passed. House Bill 2776. Senator Lightford. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2776. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lightford.

SENATOR LIGHTFORD

Thank you, Mr. President, Members of the Assembly. This bill simply continues the Business Enterprise Program. It gives them an additional four {sic) years as that sunset, and I request your favorable vote.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR WATSON

Yes, thank you. I guess a question of the sponsor, please.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she will yield, Senator Watson.

SENATOR WATSON

I -- I've had two calls in regard to this council or this committee, who have said to me that they feel that white females are being discriminated against. Is there any record at all that you might have as to the number of denials of those who apply who would be white females?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 Senator Lightford.

SENATOR LIGHTFORD

Senator Watson, I find that to be totally incorrect information. Personally, I was an employee with the Business Enterprise Program, and recently that percentage has been increased for white females. There's rates to show that they have the highest percentage amount from the Program and they have received the largest volume of dollars from the Program.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

SENATOR WATSON

That's fine, and I appreciate your response. If there's any way you could get to me information that would say what the percentages of those who are denied of white females, so that I can respond to my constituents, I think that would be helpful. And I'd -- if you could get that for me, I'd appreciate it.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? If not, the question is, shall -- House Bill -- would you like to close, Senator Lightford? I'm sorry Like to close?

SENATOR LIGHTFORD

I just request a favorable vote. Thank you. PRESIDING OFFICER: SENATOR MAITLAND) Thank you. The question is, shall House Bill 2776 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2776, having received the required constitutional majority, is declared passed. House Bill 2783. Senator Tom Walsh. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 House Bill 2783. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Tom Walsh.

SENATOR T. WALSH

Thank you, Mr. President and Members of Senate. House Bill 2783 provides that no hospital, physician, surgeon, bank or storage facility, or other person is permitted to determine the ultimate recipient of an anatomical gift based on the -- the potential recipient's physical or mental disability. Be happy to answer any questions.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2783 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2783, having received the required constitutional majority, is declared passed. House Bill 2784. Senator O'Daniel. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2784. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR O'DANIEL

Thank you, Mr. President and Members of the Senate. House Bill 2784 amends the Grain Code and provides that it's the duty of the Department to give notice that a grain dealer has ceased doing business without a successor. And it requires persons who print STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 price later contracts to register with the Department and pay an annual hundred-dollar fee. I know of no opposition, and appreciate a favorable vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2784 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2784, having received the required constitutional majority, is declared passed. House Bill 2792. Senator Myers, do you wish this bill returned to the Order of 2nd Reading for the purpose of an amendment? Senator Myers seeks leave of the Body to return House Bill 2792 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2792. Mr. Secretary, are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No. 1, offered by Senator Myers.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Myers.

SENATOR MYERS

Thank you very much, Mr. President, Members of the Senate. This bill was requested by IDOT. The current law allows highway authorities to mark traffic signs with regard to which entity owns the sign. The amendment simply restores language which clarifies that the letters can be only three-fourths of an inch in height.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) All right. Is -- is there discussion? Is there discussion? Senator Myers has moved the adoption of Floor Amendment No. 1 to House Bill -- 2792. All those in favor, say Aye. Opposed, Nay. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999 The Ayes have it, and the motion is adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?

Harry (surname or first name uncertain)

No further amendments reported, Mr. President.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd -- 3rd Reading. House Bill 2793. Senator Rauschenberger. House Bill 2794. Senator Rauschenberger. House Bill 2823. Senator Dillard. House Bill 2826. Senator Sieben. House Bill 2855. Senator Donahue. Senator Lauzen, for what purpose do you arise, sir?

SENATOR LAUZEN

Mr. President, for an announcement.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) State your announcement.

SENATOR LAUZEN

Senate -- the Senate Commerce and Industry Committee will reconvene at 8 a.m., tomorrow morning. And we'll will try to start as promptly as possible.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) That was 8 a.m., Senator Lauzen? Thank you. Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I want to remind the Appropriation Members again to please as prompt as possible as we adjourn. We'll try to start precisely at 4. I would guess that we have forty-five minutes or a little bit more worth of business, if people move expeditiously and -- and -- and talk briefly.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is -- are there any other announcement? Any further business to come before the Senate? Mr. Secretary, Resolutions. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 6, 1999

Harry (surname or first name uncertain)

Senate Resolution 114, offered by Senators Berman and Silverstein. Senate Resolution 115, by Senator Dudycz. Senate Resolution 116, by Senators Jones, Philip and all Members. And Senate Resolution 117, by Senator Jones and Philip. They're all substantive. Senate Resolution 118, by Senator Demuzio. And Senate Resolutions 119 and 120, by Senator Geo-Karis and all Members. They're death resolutions, Mr. President.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Consent Calendar. Any further business to come before the Senate? If not, Senator Geo-Karis moves that the Senate stand adjourned until the hour of 9 a.m. -- 9 a.m., Friday, May 7th. Senate is adjourned. REPORT: TIFLDAY STATE OF ILLINOIS PAGE: 001 91ST GENERAL ASSEMBLY SENATE --.....- DAILY TRANSCRIPTION OF DEBATE INDEX MAY 06, 1999 HE-0017 SECOND READING PAGE 5 HE-0031 SECOND READING PAGE 5 HB-0047 SECOND READING PAGE 5 HB-0080SECOND READING PAGE 6 HB-0095 SECOND READING PAGE 7 HE-0124 SECOND READING PAGE 7 HE-0157 SECOND READING PAGE 31 HE-0227 SECOND READING PAGE 8 HE-0238 SECOND READING PAGE 8 HE-0251 SECOND READING PAGE 8 HE-0303 SECOND READING PAGE 9 HE-0340 SECOND READING PAGE 9 HB-0373 SECOND READING PAGE 9 HB-0387 SECOND READING PAGE 10 HB-0408 SECOND READING PAGE 10 HE-0512 SECOND READING PAGE 10 HE-0517 SECOND READING PAGE 10 HE-0536 SECOND READING PAGE 11 HB-0631 SECOND READING PAGE 12 HE-0720 SECOND READING PAGE 12 HE-0734 SECOND READING PAGE 12 HB-0774 SECOND READING PAGE 13 HB-0801 SECOND READING PAGE 13 'HB-0803 SECOND READING PAGE 13 HB-0809 SECOND READING PAGE 13 HB-0873 SECOND READING PAGE 15 HB-1099 SECOND READING PAGE 16 HE-1100 SECOND READING PAGE 16 HE- 1 134 SECOND READING PAGE 16 HE-1162 SECOND READING PAGE 17 HE-1180 THIRD READING PAGE 32 HE-1 182 THIRD READING PAGE 33 HE- 1 188 RECALLED PAGE 34 HE-1195 SECOND READING PAGE 17 HB-1224 THIRD READING PAGE 35 HE-1247 THIRD READING PAGE 36 HB- 1274 SECOND READING PAGE 17 HE- 1298 THIRD READING PAGE 37 HE-1304 SECOND READING PAGE 18 HE-1305 SECOND READING PAGE 18 HE-1308 THIRD READING PAGE 38 HB-1321 SECOND READING PAGE 18 HB-1327 SECOND READING PAGE 19 HB-1333 SECOND READING PAGE 19 HB-1353 THIRD READING PAGE 39 HB-1362 SECOND READING PAGE 20 HB-1362 MOTION PAGE 3 HB- 1366 SECOND READING PAGE 20 HE-1399 SECOND READING PAGE 20 HB- 1408 SECOND READING PAGE 21 HE-1413 THIRD READING PAGE 40 HE-1432 THIRD READING PAGE 40 HE-1441 THIRD READING PAGE 41 HB-1469 THIRD READING PAGE 43 HB-1522 THIRD READING PAGE 44 HE-1565 THIRD READING PAGE 45 HB-1570 THIRD READING PAGE 46 HE-1580 SECOND READING PAGE 21 HB-1581 SECOND READING PAGE 22 88-1587 THIRD READING PAGE 47 HB- 1598 SECOND READING PAGE 22 HB-1645 THIRD READING PAGE 48 HB-1657 SECOND READING PAGE 22 HB-1670 SECOND READING PAGE 23 REPORT: TIFLDAY STATE OF ILLINOIS PAGE: 002 91ST GENERAL ASSEMBLY SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MAY 06, 1999 HB-1676 THIRD READING PAGE 49 HB-1676 OUT OF RECORD PAGE 49 HB-1678 THIRD READING PAGE 49 HB-1693 THIRD READING PAGE 50 HB-1694 THIRD READING PAGE 51 HB-1722 SECOND READING PAGE 23 HB- 1728 SECOND READING PAGE 24 HB-1732 THIRD READING PAGE 52 HB-1739 THIRD READING PAGE 52 HB-1742 THIRD READING PAGE 53 HB- 1746 THIRD READING PAGE 54 HB-1759 THIRD READING PAGE 55 HB-1762 SECOND READING PAGE 24 HB-1764 THIRD READING PAGE 55 HB-1771 THIRD READING PAGE 59 HB-1790 THIRD READING PAGE 60 HB-1811 THIRD READING PAGE 61 HB- 1816 SECOND READING PAGE 25 HB- 1817 SECOND READING PAGE 25 HB-1839 THIRD READING PAGE 62 HB-1858 THIRD READING PAGE 63 HB-1860 THIRD READING PAGE 64 HB-1860 OUT OF RECORD PAGE 66 HB-1864 THIRD READING PAGE 66 HB- 1874 THIRD READING PAGE 66 HB-1893 SECOND READING PAGE 26 HB-1909 THIRD READING PAGE 67 HB-1942 THIRD READING PAGE 68 HB-1953 THIRD READING PAGE 69 HB-1960 THIRD READING PAGE 76 HB-1962 THIRD READING PAGE 79 HB-1964 THIRD READING PAGE 79 HB-1972 RECALLED PAGE 80 HB-2013 THIRD READING PAGE 81 HB-2019 THIRD READING PAGE 82 HB-2020 THIRD READING PAGE 83 HB-2026 THIRD READING PAGE 84 HB-2034 THIRD READING PAGE 85 HB-2037 SECOND READING PAGE 26 HB-2042 SECOND READING PAGE 26 HB-2044 THIRD READING PAGE 86 HB-2047 THIRD READING PAGE 86 HB-2085 RECALLED PAGE 87 HB-2087 THIRD READING PAGE 88 HB-2112 THIRD READING PAGE 94 HB-2125 THIRD READING PAGE 95 HB-2176 SECOND READING PAGE 27 HB-2180 SECOND READING PAGE 27 HB-2194 THIRD READING PAGE 96 HB-2196 THIRD READING PAGE 97 HB-22 16 THIRD READING PAGE 97 HB-2256 THIRD READING PAGE 98 HB-2257 THIRD READING PAGE 122 HB-2261 THIRD READING PAGE 122 HB-2261 OUT OF RECORD PAGE 125 HB-2272 SECOND READING PAGE 29 HB-2281 THIRD READING PAGE 125 HB-2287 SECOND READING PAGE 30 HB-2298 THIRD READING PAGE 126 HB-2306 THIRD READING PAGE 127 HB-2308 THIRD READING PAGE 128 HB-2310 THIRD READING PAGE 128 HB-2347 THIRD READING PAGE 129 HB-2349 THIRD READING PAGE 130 REPORT: TIFLDAY STATE OF ILLINOIS PAGE: 003 91ST GENERAL ASSEMBLY SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MAY 06, 1999 HB-2351 SECOND READING PAGE 30 HB-2355 SECOND READING PAGE 30 HB-2360 THIRD READING PAGE 131 HB-2593 THIRD READING PAGE 131 HB-2605 THIRD READING PAGE 132 HB-2630 THIRD READING PAGE 133 HB-2632 THIRD READING PAGE 134 HB-2639 THIRD READING PAGE 135 HB-2640 THIRD READING PAGE 135 HB-2646 THIRD READING PAGE 136 HB-2654 THIRD READING PAGE 137 HB-2698 THIRD READING PAGE 138 HB-2708 THIRD READING PAGE 139 HB-2711 THIRD READING PAGE 140 HB-2720 THIRD READING PAGE 141 HB-2724 THIRD READING PAGE 142 HB-2726 SECOND READING PAGE 31 HB-2727 SECOND READING PAGE 31 HB-2732 THIRD READING PAGE 143 HB-2735 THIRD READING PAGE 143 HB-2753 THIRD READING PAGE 144 HB-2772 THIRD READING PAGE 145 HB-2776 THIRD READING PAGE 146 HB-2783 THIRD READING PAGE 147 HB-2784 THIRD READING PAGE 148 HB-2792 RECALLED PAGE 149 SB-1234 FIRST READING PAGE 3 SB-1235 FIRST READING PAGE 4 SR-0113 RESOLUTION OFFERED PAGE 4 SR-01 14 RESOLUTION OFFERED PAGE 151 SR-0115 RESOLUTION OFFERED PAGE 151 SR-0116 RESOLUTION OFFERED PAGE 151 SR-0117 RESOLUTION OFFERED PAGE 151 SR-0118 RESOLUTION OFFERED PAGE 151 SR-0119 RESOLUTION OFFERED PAGE 151 SR-0120 RESOLUTION OFFERED PAGE 151 SJR-0037 RESOLUTION OFFERED PAGE 4 SUBJECT MATTER SENATE TO ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-FATHER THOM DENNIS PAGE 1 PLEDGE OF ALLEGIANCE-SENATOR SIEBEN PAGE 1 JOURNALS-POSTPONED PAGE 1 COMMITTEE REPORTS PAGE 1 MESSAGES FROM THE HOUSE PAGE 3 ADJOURNMENT PAGE 151