Illinois Senate Floor Debate — May 25, 1989

A11 right: Ladies and Gentlemen, if I can have your attention, we 'll begin on the order of Recalls. I understand a Recall List has been distributed. And then we'11 begin on the Order of Senate Bills 2nd Reading, and take up Where we left off last nightr and move ahead to 3rd Reading. Top of Page on the Order of Senate Bills 3rd Reading, Senator Welch seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill l0, Madam Secretary.

Amendment No. l offered by Senakor Welch.

Senator Welch.

Thank you, Mr. President. Amendment No. 1 Was promised in committee. What it does is it takes a bill that deals with student loans and failure to repay loans, removes the provision that would take away driver's licenses from students who either haven 't repaid the loan or have not entered into an agreement to repay that loan. would move for adoption of khe amendment.

Senator Welch has moved the adoption of Amendment No . to Senate B111 l0. Discussion? If nok, al1 in favor indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

10  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989 No further amendments.

3rd Reading. Bottom of Page 8. Senator Berman seeks leave of the Body, on the Order of Senate Bills 3rd Reading, to return Senate Bill 1l2 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 112, Madam Secretary .

Amendment No. 2 offered by Senator Maitland.

Senator Maitland.

Thank you, Mr. President and Members of the Senate. Amendment No. 2 to Senate Bill ll2 adds -- adds language that makes vocational education an elective, and takes out the provision that the higher board can make other changes in the guidelines. And I would move for the adoption.

Senator Maitlandîs moved the adoption of Amendment No. 2 to Senate Bill 112. Discussion? If not# al1 in favor indicate by saying Aye. All opposed. The Ayes have it. The Amendment's adopted. Further amendments?

No further amendments.

3rd Readinq. Top of Page l1. Senator Barkhausen seeks leave of the Body to return Senate Bill 238 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bi11 238, Madam Secretary.

Amendment No. 1 offered by Senator Barkhausen. 11  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25z 1989

Senator Barkhausen.

Mr. President and Members, Amendment No. 1 to Senate Bill 238 is, I believe, an agreed amendment requested by Continental Bank, relating to the ability of a bank to use in its corporate name the word ''Bank.'' I know of no objeetion, and I Would move its adoption.

All right. Senator Barkhausen's moved the adoption of Amendment No. to Senate Bill 238. Discussion? If not, all in favor indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Page 69 on the Calendarz on the Order of Consideration Postponed. Senator Berman seeks leave of *he Body to return Senate Bill 270 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 270.

Amendmene No. 2 offered by Senator Berman.

Senator Berman.

Thank you, Mr. President. When this bill -- bill Was last called there was expressed some concern as to the words thak defined the dangerous condition that would give the basis for a cause of action. This amendment tightens that up considerably, reducing the period of time for the frame of reference for a dangerous location from three years down to six months. I -- I 12  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 move the adoption of Amendment No. 2.

Senator Berman has moved the adoption of Amendment No. 2 to Senate Bill 270. Discussion? If not, all in favor indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted . Further amendments?

No further amendments.

3rd Reading. Back to the Order of Consideration Postponed. 348. Senator Berman seeks leave of the Body to return Senate Bill 348, Which is at the top of Page l4: to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 348.

Amendment No. l offered by Senator Berman.

Senator Berman.

Thank you, Mr. President. This amendment changes this bill to allow flexibility in a court, to determine the method for the payment of hospital or doctor's liens in the -- in the event of a structured settlement in a personal injury lawsuit. I move the adoption of Amendment No. 1.

senator serman has moved the adoption of Amendment No. to Senate Bill 348. Discussion? If not, a1l in favor indicate by saying Aye. A11 opposed. The Ayes have The amendment's adopted. Further amendments?

No further amendments.

13  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 3rd Reading. 384. Senator Jones. On the Order of Senate Bills 3rd Reading is Senate Bill 384. Senator Jones seeks leave of the Body to return that bill to the Order of 2nd Readin: for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 384, Madam Secretary.

Amendment No. 2 offered by Senator Watson.

Senator Watson.

Thank you, Mr. President. Amendment No. 2 brings back a funding formula change that was established by the Department of Public Aid in regard to nursinç homes. Wedre just bringing it back up to the pre-lanuary 1st, 1989 level. It's called the gap formula. We're just bringing that formula back up to that level, so that all nursing homes in Illinois will be treated equitably.

Senator Watson's moved the adoption of Amendment No. to Senake Bill 384. Discussion? If not, a11 in favor indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No furkher amendments.

3rd Reading. 392. Senator D'Arco. 575. Senator Jacobs. 603. Senator Barkhausen. Senator Barkhausen seeks leave of the Body to return Senate Bill 603 to the Order of 2nd Reading for purposes of an amendment. Is leave qranted? Leave is granted. On the Order of Senate Bills 2nd Readinge Senate Bill 603, Madam Secretary.

Amendment No. l offered by Senator Barkhausen.

14  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989 Senator Barkhausen.

Mr. President and Members, Amendment No. l comes at the requese of one of the larger employers in and around my district. And it would permit the payment for the issuance of shares by a corporation by the means of a promise of future services. It's designed to help companies lure executive talent, and offer corporate shares as an incentive for those coming to work for them . And I would ask its adoption.

Senator Barkhausen's moved the adoption of Amendment No. l to Senate Bill 603. Discussion? If not: all in favor Senator Marovitz.

Senator Barkhausen, hag this amendment been looked at and and approved by the Secretary of State and their business corporation people who have been working on thks for years?

Senator Barkhausen.

Yes has, Senator. There -- there might be some question about Amendment No. 2, which Iîm going to withdraw. But as far as this one goes, it has been approved by the Business Corporation Act Advisory Committee.

All right. Senator Barkhausen's moved the adoption of Amendment No. to Senate Bill 603. Discussion? If not, all in favor indicate by saying Aye. All opposeda The Ayes have The amendment's adopted. Further amendments?

Amendment No. 2 offered by Senator Barkhausen.

15  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Indicates he'll wkthdraw. Purther amendments?

No furtber amendments.

3rd Reading. 705. Senator Smith. On the Order of Senate Bills 3rd Reading is Senate Bill 705. Middle of Page 21. Senator Smith seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is qranted. On the Order of Senate Bills 2nd Reading, Senate Bk1l 705, Madam Secretary.

Amendment No. 2 offered by Senator Smith.

Senator Smith.

Thank youy Mr. President, Ladies and Gentlemen of the Senake. Amendnent No. 2, 1 -- move to Table the -- the Committee Amendment No. 1. Sorry.

A1l right. Senator Smith, having voted on the prevailin: side, is moving to reconsider the vote by which Amendment No. l to Senate Bill 705 was adopted. A11 in favor of the Motion to Reconsider indicate by saying Aye. A1l opposed. The Ayes have The vote's reconsidered. Senator Smith now moves to Table Amendment No. to Senate Bill 705. Al1 in favor of the Motion to Table indicaEe by saying Aye. A11 opposed. The Ayes have it. Amendment No. is Tabled. Further amendments?

Amendment No. 2 offered by Senator Smith.

Senator Smith.

16  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 Tbank you, Mr. President. Amendment No. 2 becones the bill. The Department of Health is empowered to create and implement a public education program to curtail the prenatal transmission of AIDS. And I ask for your favor vote on that. ...

Senakor Smith has moved the adoption of Amendment No. 2 to Senate Bill 705. Discussion? If notz a1l in favor indicate by saying Aye. A11 opposed. The Ayes have The amendmentls adopted. Further amendments? SECRETARY HAWKER; No further amendments.

3rd Reading. 747 is on the Order of Consideration Postponed at Page 69. Senator de1 Valle seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Qrder of Senate Bills 2nd Reading, Senate Bill 747, Madam Secretary.

Amendment No. 2 offered by Senator del Valle.

Senator del Valle.

Thank you, Mr. President. This amendment deletes the contents of the bill and creates a new section, Which requires refunds ordered by the ICC to be made within six months and apportioned by customer class. This amendment has been worked out with the utilktkes. I move for its adoption.

Senator del Valle has moved the adoption of Amendment No . 2 to Senate Bill 747. Discussion? If not, a1l in favor indicate by saying Aye. Al1 opposed. The Ayes have it. The amendmentîs adopted. Further amendments? 17  STATE OF ILLIXOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 19:9

No further amendments.

3rd Reading. Back to the Order of Consideration Postponed. 768. Senator Severns seeks leave of the Body to return th.ae bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 768, Madam Secretary.

Amendment No. l offered by Senator Severns.

Senator Severns.

Thank you' Mr. President and Members of the Senate. The amendment becomes the bill. The first part of the amendment is is languaqe offered by LieuEenant Governor Ryan. And what thfs does in essence is expand the Export Trade Company Act -- SBI, that was passed out of here without opposition tWo years ago. It -- it expands it to include small businesses, because the World Trade Center is now breaking ground. It deletes obsolete language. Provides guidelines, adopting language from the California and Minnesota Trade Centers. It provides that the Council: because they are breaking ground, provide a plan to the Illinois General Assembly, and it also adds language on a guaranty program. 1'11 be glad to answer any questions.

All right. Senator Severns has moved the adoption of Amendment No. to Senate Bill 768. Discusslon? If not, al1 in favor lndlcate by saylng Aye. All opposed. The Ayes have ik. The amendment's adopted. Further amendments?

No further amendments. 18  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

3rd Reading. 8-8-3. Senakor Raica. On the Order of Senate Bills 2nd Reading -- 3rd Reading is Senate Bill 8-8-3. Senator Raica seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is qranted. On the ûrder of Senate Bills 2nd Reading, Senate Bill 8-8-3, Madam Secretary.

Amendment No. 1 offered by Senator Marovitz.

Senator Marovitz: on Amendment No.1.

Thank -- thank you very much, Mr. President and Members of the Senaee. Amendment No. l to Senate Bill 8-8-3 is the product of an agreement between the sponsor and the Judiciary Committee. It allows the seizure of a vehicle used in the commission of pimping, soliciting for a prostitute, and pandering, when there's been eonviction. And also allows seizure of a vehicle used in the commission of prostitution and patronizing a proskitute in the instance where the prostitute and the customer are both convicted of khat underlying offense. And I would ask for adoption.

Senator Marovikz has moved *he adoption of Amendment No. l to Senate Bill 8-8-3. Discussion? lf notz all in favor indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. Top of Page 28. Senate Bil1 1044. Senator Welch seeks leave of the Body to return that bill Eo the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is 19  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslatkve Day May 25, 1989 granted. On the Order of Senate Bills 2nd Reading, Senate Bill 1044, Madam Secretary.

Amendment No. 3 offered by Senator Welch.

Senator Welchy on Amendment No. 3.

Thank you, Mr. President. This is an agreed amendment among the opposing parties. What it does is it will amend the proposed Toxic Pollution Prevention Programe adding that the Environmental Protection Agency would develop a priority consideration list, and deletes the requirement that the Department investigate insurance rate structures. I would move for adoption of the amendment.

Senator Welch has moved the adoption of Amendment No. 3 to Senate Bill 1044. Discussàon? If not, a1l in favor indicate by saying Aye. Al1 opposed. The Ayes have The amendmentls adopted. Further amendments?

No further amendments.

3rd Reading. Bottom of Page 30. Senakor Barkhausen seeks leave of khe Body to return Senate Bill 1182 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Readàn:, Senate Bill 1182, Madam Secretary.

Amendment No. 2 offered by Senator Barkhausen.

Senator Barkhausen.

Mr. President and Members, Amendment No. to -- or Amendment 20  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 No . -- Amendment No. 2 to Senate Bill 1182 is a proposal, quite honestly, very similar to one I offered the other day on -- on the Motion to Discharge list, but not quite identical, and I can explain the differences. It's on the subject of drug driving. And it is an attempt, again, to follow up on the Governor's recommendations in his State of the State speech, that we try and find an effective, legal means to curb the tnctdence of drug driving, as we have drunk driving. Very quickly, whak it does is to impose the same type of -- of -- Well, first of allp it -- it makes unlawful driving with any amount of illegal drugs or eontrolled substances in one 's blood or urine. It -- secondly, because there has been some question raised by the interpretakion of our Implied Consent Law, expressly authorizes law enforcement personnel to conduct: where they have reasonable cause ko do so, b0th tests to detect the presence of alcohol in the bloodstream or -- and/or blood or urine tests to detect the presence of druqs. I'd be happy to answer any questions. The one thing different that this amendment does from 755, about which we had some discussion the other day, it takes away or it removes what was in 755 in the form of the deletion of the presumption that one is not under the influence khen there is a reading on the breathalizer test of under .05.on -- on the blood alcohol test. I'd be glad to entertain any questions. And otherwise, would ask for adoption.

All right. Senator Barkhausen 's moved the adoption of Amendment No. Discussion? Senaeor Marovitz.

Thank you very much, Mr. President and Members of the Senate. I -- I hope that everybody in the -- the Body will listen to this. 'cause this is a -- an important amendment, and it makes a very substantial change in current law: and one that I think is not 21  STATE 0F ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25: 1989 well tbought out at all. One of the problems with this amendment is the lack of any minimal amount neeessary for the offense. And the dilemma that is creaked there - if you know anything about drugs and the inqestion of drugs - drugs stay in your system for quite a lonq time. There is no minimum necessary. There is no connection necessary between the fact that drugs may be in your system and any performance. Xou could be convicted, Senator Barkhausen, of the same offense twiee within two weekse because the same amount of drugs stays within your system. And îf you're tested: you'll be eested positive, even though you haven't taken any drugs, and you -- and it doesn't affect your performance, and you're not under the influence of any drugs. Now: I'm not standing up here trying to protect any drug users or abusers where performance of driving an automobile is affected. I wouldn't do that. But the fact is that the way you have this drafted allows for any amount at al1 in the system. And you know very well that if drugs are ingested in the system, they stay in the system for a long period of time, and someone can be tested positlve even though they may have inqested drugs weeks before. You call for no amount. ïou call for no connection between the performance of that automobile and the ingestion of the drugs. I think this amendment is nok well thought out, and I really think you ought to kithdraw it. And it's going to create a lot more problems than What you're trying to get at.

A1l riqht. Senator Barkhausen has moved the adoption of Amendment No. 2 to Senate Bil1 1182. beg your pardon? Senator Sarkhausen, has this amendment been distributed?

Yes, it has.

Good. You may close. 22  STATE OP ILLINOIS 86th GENEDAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

Just to quickly try to respond to Senator Marovikz. Senator, as you know, What we're talking about here is illegal drugs. And the reason we are are making unlawful driving under the influence when one has any amount of kllegal drugs in the bloodstream or urine is -- One, because unlike aleohol, these substances are, per se, illegal. We We view it as a very serious offense, and we're trying to qet at this problem. Secondly, because there is -- there is no standard that one can come up with by which: unlike alcohol in the bloodstream, one can deeermine whether one is -- is drivinq under the influence. And for those two reasons, for those two important distinctions from the context of aleohol, ke are making thks proposal. And I ask for a1l of your support.

Question is, the adoption of Amendment No. 2 to Senate Bill 1182. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who Wish? A1l voted Who Wish? Have all voted who wish? Take take the record. On that question, there are 31 Ayes, 22 Nays. Amendment No. 2 is adopted. Purther amendments?

No furkher amendments.

3rJ Reading. 1184. Senator Topinka. 1198. Senator Smith seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 1198. Madam Secretary.

Amendment No. l offered by Senator Smith.

23  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senator Smith, on Amendment No. 1.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 1 beeomes the bill. And it requests that the Department of Public Hea1th shall develop rulesp regulations, mandated hospital licensed under this Act to furnish testings to patients, upon their requests, for infection or exposure to HIV. Describes the content of the rules, provides for confidentiality of the testing. I ask for the adoption of this... PRESIDENT ROCK) Senator Smith 's moved the adoption of Amendment No. to Senate Bill 1198. Discussion? If not, a1l in favor indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Top of Page 34. Senator Daley seeks leave of the Body to return Senate Bill 1374 to the Order of 2nd Reading for purposes of an amendnent. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 1274.

Amendment No. l offered by Senator Daley.

Senator Daley.

Thank you, Mr. President and Members of the Senate. Amendment No. l would raise the threshold for public notice and bàddin: by the CTA from five thousand to ten. Was originally -- in the original bill, it was twenty.

Al1 right. Senator Daley has moved the adoption of Amendment 24  STATE OF ILLINOIS 86th G:NERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 No. l to Senate Bill 1374. Discussion? If not, a1l in favor indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Fureher amendments?

No further amendments.

3rd Readinq. Middle of Page 34. Senator Berman seeks leave of the Body to return 1398 to the Order of 2nd Reading for purposes of an amendnent. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 1398, Madam Secretary.

Amendment No. 3 offered by Senator -- Senator Berman.

Senator Berman.

Thank you, Mr. President. Amendment No. 3 strips the contents of the bill: so it's only a vehicle. move the adoption of Amendment No.

Senator Bernan moves the adoption of Amendment No . 3 to Senate Bill 1398. Discussion? If not, al1 in favor indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 1402. Senator Lechowicz. 1415. Top of Page 35. Senator Rea seeks leave of the Body to return that bill Eo the Order of 2nd Readin: for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 1415, Madam Secretary.

25  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Amendment No. 2 offered by Senator Rea. PRESIDENT R0C: : Senator Rea.

Thank you, Mr. President. Eirst, I move to Table the committee amendment.

A1l right. Senator Rea, having voted on the prevailinq side, is movinq to reconsider the vote by which Amendment No . 1 to Senate Bill 1415 was adopted. A1l in favor of the Mokion to Reconsider indicake by saying Aye. Al1 opposed. The Ayes have it. The votes are reconsidered. Senator Rea now moves to Table Anendment No. to Senate Bill 1415. Discussion? If not, a11 in favor indicate by saying Aye. A11 opposed. The Ayes have Amendment No. l is Tabled. Further amendments, Madam Secretary?

Amendment No. 2 offered by Senator Rea.

Senator Rea.

Thank you, Mr. President, Members of the Senate. Under this amendment, the Department of Aging shall develop a pamphlet designed for the use of physicians licensed to praetice medicine in a1l its branches under the Medical Practlce Act: and pharmacists licensed under the Pharmacy Practice Act, and Illinois residents sixty-fkve years of age or older, for khe purpose of assisting physicians, pharmacists and patients to monitor prescriptions provided by various physicians, and to aid persons sixty-five years of age or older to comply with directions for proper use of pharmaceutical prescriptions. And these pamphlets would include such information as: a name and phone number of the patient, name and phone number of the prescribing physician, date 26  STAT: OF ILLINOIS 86th GEXERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 of prescription, name of drug prescribed, purpose of the prescription: name and phone number of the dispensing pharmacy. The Department would consult with the Medical Society, ehe Pharmacistls Association, and the Illinois Chapter of American Association of Retlred Persons in desiçning this pamphlet. And these pamphlets would be made available to the physicians, pharmacists, and persons sixty-five years of a:e or older. I would move for adoption.

Senator Rea has moved the adoption of Amendment No. 2 to Senate Bill 1415. Discussion? If notw all in favor indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

No furkher amendments.

3rd Reading. 392. Senator D'Arco seeks leave of the Body to return Senate Bill 392 to the Order of 2nd Readinq for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Readingz Senate Bil1 392.

Amendment No. offered by Senator D'Areo.

Senakor D'Arco.

Thank you. Mr. Presidentz thls is an amendment that Senator Maitland and I have aqreed to. It's -- the amendment that puts DCCA and Public Aid into gear, as far as their administrative responsibilities are concerned. And it also eliminates the tax credit as a means of compensation for the utilities. Under khis amendment, the utilities would be paid by a cash grant -- eash payment from the Staee, and I would move to adopt Amendment No. 27  STATE OF ILLINOIS 86th CEXERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Da# May 25: 1989

Senator D'Arco has moved the adoption of Amendment No. 2 to Senate Bill 392. Discussion? If note a1l in favor indicate by saying Aye. A11 opposed. The Ayes have it. The amendment is adopted. Further amendments?

No further amendments.

3rd Reading. 575. Senator Jacobs seeks leave of the Body to return Senate Bill 575 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 575, Madam Seeretary.

Amendment No. l offered by Senator Thomas Dunn.

Senator Dunn.

Thank you, Mr. President. This -- this amendment's by agreement with the sponsor. And this amendment will add Wi11 County into the Riverboat Gambling Act. PRESIDENT ROCK) A1l right. Senator Dunn has moved the adoption of Amendment No. l to Senate Bi1l 575. Diseussàon? If not, a1l in favor indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Purther amendments?

No further amendments.

3rd Reading. 1184. Senator Topinka seeks leave of the Body to return Senate Bill 1184 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, top of Page 31, is Senate Bi11 1184. 28  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25p 1989 Madam Secretary .

Amendment No. 1 offered by Senator Topinka.

Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate. This is basically an Illinois Department of Public Health amendment regarding changes in terms of some of the numbers that had been involved in the oriqknal bill, and it brings it up to their liking.

Senator Topinka has moved the adoption of Amendment No. 1 to Senate Bill l -- 1184. Discussion? If not: a11 in favor indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Al1 rigbt. Ladies and Gentlemen, We will begin on Senate Bills 2nd Reading. I would advise you, if you need Eo be advised, it is Thursday. Tomorrow's the deadline. So wefre going to move ahead on 2nd Reading, and wedll do the Abilled Greed List - - Agreed Bill List. Senator Philip and I are workin: on a second Agreed Bill List. And then we Will move to 3rd Reading, and proceed. The intent is to work probably straight through to approximately nine o 'clock this evening. Senator Maitland. On the Order of Senate Bills 2nd Reading is Senate Bill 437. Read the bill, Madam Secretary.

Senate Bill 437. (Secretary reads title of bill) 29  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Levislative Day May 25, 1989 2nd Reading of the bill. The Committee on Appropriations offers Committee Amendment No. 1.

Senator Halz, on Commîttee Amendment No.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This first amendment adds eighty-five thousand dollars for grants increase for rekired senior volunteers programs. I move for the adoption of this amendment.

All right. Senator Hall has moved the adoption of Committee Anendment No. l to Senate Bill 437. Discussion? If not, all in favor indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further committee amendmenes.

Any amendments from the Floor?

Senator Hall offers Amendment No. 2.

Senator Hall.

This is a -- a one percent productivity factor. It reduces personal service by imposing a one percent, to the tune of forty-three thousand point seven (43.7 thousand). Move for the adoption of this amendment.

Senator Hall's moved the adoption of Amendment No. 2 to Senate Bill 437. Discussion? Senator Maitland.

Yes, sir, Mr. President and Members of the Senate. Senator 30 I . STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Halle we would -- we would rise in -- in opposition to that that amendment, and we have an amendment to follow. PRESIDENT ROCK : All right. Senator Hall's moved the adoption of Amendment No. 2 to Senate Bill 4-3-7. Those in favor of the amendment will vote Aye. Opposed will voke Nay. The voting is open. Have a11 voted who wish? Have a11 voted who Wish? Have a1l voted who Wish? Take the record. On that question, there are 28 Ayes, 29 Nays. The amendment fails. Purther anendnents? SECRETARY HAWRER: Amendment No. 3 offered by Senator Hall. PRESIDENT ROCK: Senator Hall. SENATOR HALL: Thank youe Mr. President and Ladies and Gentlemen of the Senate. Amendment No. 3 -- 2 <sic> freezes a11 other operation lines at the P2189 spending level. This is twenty-four -- twenty-four thousand dollars. Move for the adoption of this amendment. PRESIDENT ROCK: Al1 right. Senator Hall has moved the adoption of Amendment No. 3 to Senate Bill 437. Discussion? Senator Maitland. SENATOR MAITLAND: Mr. -- Thank youy Mr. President. Once again, We Would rise in opposition to the amendment, and -- and seek a roll call. PREEIDENT ROCK: Al1 right. Senator Hall's moved the adoption of Amendment No. 3 to Senate Bill 437. Those in favor will vote Aye. Opposede vote Nay. The voting is open. Have all voted Who Wish? Have all voted Who Wish? Eave al1 voted who wish? Take the record. On that question, there are 29 Ayes and 29 Nays. And the amendment fails. Further anendmentB? 31  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25z 1989

Amendment No. 4 offered by Senator Welch.

Senator Welch.

Thank you, Mr. President. Amendment :o. 4 will delete -- it goes to payroll: kt's a reductkon of twenty-nine thousand eight hundred dollars. I'd move for adoption of the amendment.

Senator Welch has moved the adoption of Amendment No. 4 to SenaEe Bill 437. Discussion? Senator Maitland.

Thank you: Mr. President, Members of the Senate. I Would rise in opposition to Amendment No. 4, and seek a roll call.

Al1 right. Senator %elch has moved the adoption of Amendmenk No. 4 to Senate Bill 437. Those in favor of the amendment will vote Aye. Opposedz vote Nay. The voting's open. Have al1 voted Who Wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question: there are 30 Ayes, 29 Nays. Amendment No. 4 is adopted. Purther amendments?

Amendment No. 5 offered by Senator Kelly.

Senator Kelly.

Thank you, Mr. President and Members of the Senate. This amendment would increase the appropriation by a hundred and fifty thousand dollars for the Poster GrandparentB Ptogtan in the Gtate of Illinois. Ik's currently receivinq sixty-six thousand dollars, and this Would be an increase. And it's for a very worthy volunteer program. It lets seniors help out certain youths 32  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislakive Day May 25, 1989 throughout the State of Illinois. I move for its adoption.

All right. Senator Kelly's moved the adoption of Amendment No. to Senate Bill 437. Discussion? Senakor Maitland.

Thank youz Mr. PresidenE and Members of the Senate. No doubt, a good program. No one's arguing that. This amendment failed in committee. This is more than a this is a tripling of the -- of the appropriation for this program. And -- and for that reason, I gould -- would be opposed to the amendment, and would ask for a roll call: Mr. President.

Al1 right. Senator Kelly's moved the adoption of Amendment No . 5 to Senate Bill 437. Those in favor of the amendment will vote Aye. Opposed, vote Nay. The voting's open. Have al1 voted who wish? Eave a11 voted Who wksh? Have a11 voted who Wish? Take the record. On that question, there are 30 Ayes, 28 Nays. Amendment No. 5 is adopted. Further amendments?

Amendment No. 6 offered by Senators Smith and Marovitz.

Senator Smith. Senator Brookins. Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of the Senate . Amendment No. 6 offers a grant of one million six hundred thousand dollars. No funding was provided for khe program of implementation of the Elder Abuse and Neglect Act in the aqency's budget. And this amendment funds the first year of a two-year implementation program that would begkn on September 1st, 19:9, wkth the four areas that took part in the Elder Abuse Demonstration Project. Areas 1, 2, 11 and 13 would be first attended, and then by April lstp 1989, Areas 3, 8 and 12 would be included. And the rest of 33  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENKQE TEANSCRIPT 36th Legislative Day May 25g 1989 thé State will come in line in Fiscal of $91. I move for the adoption.

A1l right. Senator Smith has moved the adoption of Amendment No. 6 to Senate Bill 437. Discussion? Senator Maitland.

Thank you very much, Mr. President. Again, another, probably very worthwhile, program . The Senator is deeply committed to this issue, but it's 1.6 million dollarsy and just Would sugqest thak we oppose it at Ehis time until available revenue is is with us. And I would seek your support of a No vote, and ask, Kr. President, for a roll call.

A1l right. The question is the adoption of Amendment No. 6, offered by Senator Smith. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a1l voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 30 Ayes: 27 Nays: none voting Present. The amendment is adopted. Further amendments?

Amendment No. 7 offered by Senator Carroll.

Senator Carroll.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. One of the problems that the elderly have had is the amount that is exempt that they can have to spend before having to use ît in Publie Aid. So it's actually the amount they have for their individual costs, such as food, clothing, and so on. That amounk has not been raised since 19827 it is four hundred twenEy-six a month. This amendment would merely brkng it up to the current Federal definition of what is poverty level, which is four 34  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 hundred and ninety-eight dollars a month. A seventy-two dollar allowance increase, if they have the money, that this Would allow them. And I would move its adoption.

A1l right. Senator Carroll's moved the adoption of Amendment No. 7 to Senate Bill 437. Discussion? Senator Maitland.

Thank you, Mr. President. Senator Carroll, is is there a substantive bill here, also, or have you had another bill that does the substantive language as in the approp bill?

Senator Carroll.

As you know, substantive language is not in an appropriation bill. This would be the appropriation. It's my understanding *he substantive concept is still alkve.

Senator Maitland.

Well, again, I ask the question, Where is the -- Where is the bill. Is there a bill someplace?

Senator Carroll.

There is no substantive bill currently on the Calendar in this Chamber. Itls my understanding that either We Will attempt to amend a House bill or they will attempt to amend a Senate bill to accommodate this.

Senator Maitland.

Well, Senator Carrolly Why are we appropriating the money if 35 I STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25e 1989 there is no -- there 's nothing to appropriate it to? PRESIDENT ROCK: Senator Carroll. SENATOR CARROLL : This could still be done by appropriation, and if the substantive languase is necessary, we can, in fact, amend legislation to incorporate it. The Department has indicated that is -- khere's a need to go up to this level. This is the poverty level; it hasn't been changed since 1982, and either we accept khat fact or we dondt. I think it's time that we do, and recognize what the Federal poverty level is# and allow the exempt Social Security benefits to go to that four hundred and ninety-eight dollars a month. PRESIDENT ROCK: Senator Maitland. SENATOR MAITLAND: Simply to say, Senator Carroll, this is an increase in the exemption. We are, really, We are funding a policy change that has not yet passed. Knd kt's my undeTstanding the Department suggests this figure as substantially below the 1.3 million dollars, something in the neighborhood of two hundred and fifty to four hundred thousand dollars. And I quess we Would question where wedve come with the -- how wedve come up with the 1.3. PRESIDENT ROCK: All right. Senator Carroll's moved the adoption of Amendment No. 7 ko Eenate Bill 437. Those in favor of the amendment will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who wish? Have all voted Who wish? Have a1l voted who Wish? Take the record. On that question, there are 31 Ayes, 27 Nays, none voting Present. Amendment No. is adopted. Further amendments? SECRETARX HAWKER: 36  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 i Amendment No. 8 offered Senator Brookins.

Senator Brookins.

Thank you, Mr. President. Mr. President, this Will appropriate to the Department of Aging for CHORC housekeeping, homemakers and senior companion service in addition to the FY'9G budget requested . It will be a five percent increase over what was originally asked. And I ask for your favorable vote.

Senator Brookins has moved tbe adoption of Amendment No. 8 to Senate Bi1l 437. Discussion? Senator Maitland.

Well thank you very muchy Mr. President and Members of the Senate. Senator Brookins, you didn't mention the dollar amount, but this is about twelve million dollarsr as I recall, and that's a substantial -- substantial figure. I would just suggest that the money is not there for this probably worthwhile program. I would seek a No vote and ask, Mr. President, for a roll call.

All right. The question is the adoption of Amendment No. 8 to Senate Bill 437. Those in favor of -- of adopting the amendment will vote Aye. Opposed will vote Nay. And the voting is open. Have a1l voted who Wish? Have all voted Who Wish? Have all voted who wish? Take the record. On that question: there are 30 Ayes, 26 Nays and none voting Present. AmendmenE No. 8 ts adopted. Further amendments?

Amendment No. 9 offered by Senator Smith. PRESIDENT ROCK: i 1 Senator Smith: on Amendment No. 9.

37  STATE OF ILLINOIS 86tb GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25g 1989 I Thank you:Mr.Preskdent and Ladles and Gentlemen.This Floor 1 amendnent is merely a -- a technical amendment to committee -- to the amendment for -- No. 1, concerning the retired seniors volunteer program. And I move for its adoption.

Senator Smith moves the adoption of Amendment No. 9 to Senate Bill 437. Discussion? If not, al1 in favor indicate by saying Aye. Al1 opposed. The Ayes have it. The Amendment's adopted. Further amendments?

Amendment 10 offered by Senator Maitland.

Senator Maitland, on Amendment No. l0.

Thank you very much, Mr. President, Members of the Senate. Amendment No. 10 to Senate Bill 437 is a reduction of six hundred and forty-three thousand five hundred dollars. Ik reduces the CCU rate to five percent increase, which is a substankial part of this amendment. It also reduces the hiring vacancies at the -- bràngs hiring vacancies to the entry level for a savings of forty thousand; raises turnover and hiring 1ag to khree percent: which is forty-three thousand six hundred; adjusts Social Securitye and reduces contractual services. Once again, I Would move for the adoption.

Senator Maltland has moved the adoption of Amendment No. 10 to Senake Bill 437. Discussion? If not, al1 in favor indicate by saying Aye. A11 opposed. The Ayes have ik. The amendment's adopted. Further amendments? .

Amendment 11 offered by Senator Maitland. PRESIDENT ROCK: l 38  STATE OF ILLINOIS I 86th CENERAL ASSEKBLY REGULAR SESSION SENATE TRANSCRIPT I i 36th Leqislative Day May 25, 1989 I I Senator Maitland, on Amendment No. l1. 1

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Maitland.

Thank you very much, Mr. President and Members of the Senate . The effect of Senate Bi1l -- of Amendment No. 11 would, in effectz take out Senator Kelly's amendment and Senator Smith's amendment. I would move for the adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland has moved adoption of Amendment No. ll. Is there discussion? Senator Kelly.

Yes, Mr. -- I have a question of the sponsor. What are you döing Eo take mine out -- What is it exactly youdre deleting?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

Senator Kelly, wedre just taking it to the introduced level. Wedre taking it back to where it was. Wefre not takin: the whole program out, we're just simply taking your add-on out.

PZESIDING OFFICER: (SENATOR DEMUZIO) Senator Kelly.

I'm sorry. What -- Which program are you taking out -- I meanz what program are we talking about?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

Sir, khat's the Grandparent Proqram: the one that you increased.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Kelly. 39  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

Oh, the one we just had the -- oh, the Grandparent Programy yes. All right. Well, I oppose you on ita

PRESIDING OPFICER: (SENATOR DEMUZIO) Purther discussion? Senator Hall.

Well, let's be more specific, Senator. Exactly what are you reduced -- how much are you taking away from it?

PRESIDING OFFICER: (SENATOR DEMUZIO) SenaEor Maitland.

Senator Hall, we're taking a hundred and fifty thousand out.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall.

Well I'm -- I'm quite sure that Senator Kelly's -- is going to oppose that. And I would ask that everybody on this side vote No on this amendment.

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

Yes, I'd like to ask Senator Maitland a question, if I may. I'd like Eo find out who -- said you would like to reduce mine. Are you talking in terms of the Elder Abuse and Neglect Act: or E are you talkin: about the retired volunteers?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

Yes, the RSVP, by eighty-five thousand dollars. I

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

40  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Is that a hundred and fifty plus eighty-five thousand, theng that you are directing?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

Yesy total With -- with the -- With the CCU rate inerease, as well.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

Thank you, Mr. Chairman and to the Body. These are very important programs. They are essential proqrams and especially the Retired Volunteer Program that you haven't brought up yet. These are people who are doing this work on their own, and are only asking the State to help them With their finance of travel. And 1 certainly hope and pray that We Will vote against his amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Alexander.

To the sponsor, may I ask you a question, please?

PRESIDING OFFICER: (SENATOR DEMUZIO) He indicates we Will yield. Senator Alexander.

Does -- Thank you. Does this amendment reduce the funds for case coordination or in-house citizen -- senior citizen care?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

Yes, Senator, it brinqs it back to five percent.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Alexander.

41  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 Thank you, Mr. President. stand in direct opposition eo this amendment. Many of you sittin: here have received requests from your senior citizens and/or their families for help with situations Where these in-care workers come in and help. And to reduce this amount at this time, I think, is almost criminal. We need tbis service, and I'm asking al1 on this side of the aisle to be supportive and vote No on Senator Maitland's amendment at this present time. PRESIDING OPFICER: (SENATOR DEMUZIO) Al1 right. Further discussion? Senator Welch. SENATOR WELCH : Thank -- thank you, Mr. President. We we have some confusion over here, Senator Maitland. Let me ask this question. Number one, understand youlre reducing the budget by eighty-five thousand dollars, Which was added in Committee Amendment No. 1 from Senator Smkth. Secondly, you are reduckng the budget by one hundred and fifty thousand dollars; it was added on the Floor by Senator Kelly. Are you also adding ot deleting your fi/e percent growth amendment Ehat is also on here, or what else does the amendment do other than those tWo items? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland. SENATOR MAITLAND: What wefre doing: Senator: is -- is We get the -- the CCU back to the fkve percent which, actually, wefve already passed anyway. IE delekes khak whole section. And wedre just taktnq this one in this in this amendment to five percent. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. SENATOR WELCH: Well, as to the reductions of the Retired Senior Volunteer Program and the Foster Grandparent Program, it's -- it's kind of 42 E . . .-. - . -.- .  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25y 1989 ironic. We just went through a campaign for President of the United States, in which the candidatefs stheme was that he was I I going to have a kinder general -- gentler nation, and he was going to light up a thousand points of light. And what this amendment is doing is turning out a couple of those points of light. These are the volunEeer programs khat the Presidenk had talked about so vigorously and With such enthusiasm. I think that this is something that we shouldn't do. I think we should a11 be opposed to this amendment. And I would urge a No vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Further discussion? Senator -- Senator Hall.

Thank you: Mr. President, Ladies and Gentlemen of the Senate. Senator Maitland, youdre taking away a total of two hundred and thirty-five thousand dollars. Is that correct?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

Actually, Senator Hall, it's -- it's -- it's a little more khan that when we count the CCU reduction to the five percent level.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall.

Yeah, give us -- give us a figure. How much is it, actually?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

Senator Hall, I am reliably informed it's about seven hundred and seventy-three thousand.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Maitland may close. Senator 43  STATE 0F ILLINOIS 86th GENERAL ASSRMNLY REGULAR SESSION SENATE TRANSCRIPT 36th Leqkslative Day May 25, 1989 Maitland has moved the adoption of Amendment No. to Senate Bill 437. Those in favor will vote Aye. Those opposed: Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Have al1 voted who wish? Have a1l voted who Wisb? Take the record. On that question, the Ayes are 28, the Nays are 3l. Amendment No . 11 fails. Further amendments?

Amendment 12 offered by Senator Maitland.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Maitland, on Amendment l2.

. .. secretary, I'm not sure we know what that amendment is.

PRESIDING OFPICER: (SENATOR DEMUZIO) You Want to just Withdraw it? It's apparently your amendment: Senator Maitland.

I'm sorry, Mr. President: withdraw that --

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Maitland.

-- amendment. Withdraw that amendment.

PRESIDING OFPICER: (SENATOR DEMUZIO) A1l right. Senator Maitland seeks leave to withdraw. Amendment is withdrawn. Furtber amendments?

No further amendments?

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bills 2nd Readin: îs Senate Bill 438. Senakor Severnse for what purpose do you arise?

Thank you, Mr. President and Members of the Senate. I rise on a point of personal privilege. 44  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 PRESIDING OPFICER: (SENATOR DEMUZIO) ' State your point.

Moments ago khen We Were voting on 1182, I Was in the phone b00th, and I would like the record to shov that I wanted to be recorded as Yes, when in fact, it is recorded as No, on Floor Amendnent No. 2 of Senate Bill 1182. I would like to be recorded as votkng Yes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, the electronic device will so indicate. Senator Maitland, Senate Bill 438. Madam Secretary, have you read the bill?

Noe I have not.

PRESIDING OFFICER: (SENATOR DEMUZIO) 438, Madam Secretary.

Senate Bill 438. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OPFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

Senator Watson offers Amendment No. 1.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Watson. Senator Hall.

.o o committee amendment, isnlt it?

My apologies. There is Committee Amendment No. l offered by Appropriations II.

PRESIDING OFFICER: (SENATOR DEMUZIO) 45  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Al1 right. Committee Amendment No. 1. Senator -- Committee Amendment No. l to -- Senator Hall.

Yeah. Thank you, Mr. President and Ladies and Gentlemen of the Senate. Ifl1 defer to Senator Newhouse.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senaeor NeWhouse.

Thank you, Mr. President. Amendment No. 2 is a...

PRESIDING OFFICER: (SENATOR DEMUZIO) No. It 's Amendment No. 1.

Amendment No. l -- Amendment No. l is 2.5 million for the -- for the Parents Too Soon Program . And I move its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Senator Newhouse has moved the adoption of Commiktee Amendment No. to Senate Bill 438. Discussion? If not, those in favor will indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. 1 is adopted. Further commitkee amendments?

No further committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Amendments from the Floor?

senator Watson offers Amendment No. 2.

PREGIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

I'd like to withdraw that amendment and go with the next one, please.

PRESIDING OFFICER: (SEXATOR DEMUZIO) 46  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36:: Legislative Day May 25, 1989 Senakor Watson seeks leave to withdraw No. 2. Senator -- Leave is granted. Further amendments? SECRETAR; HAWKER: Amendment No. 2 offered by Senator Watson.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Thank you, Mr. President. This amendment appropriates six hundred and ninety thousand five hundred dollars to the Department of Children and Faaily Services for day care funding. We, right now, we have various cost areas in this State -- three different areas. What this would do would bring Area 3 and 2 toqether for a they would have equal reimbursement in those tWo particular areas. I move for its adoption.

PRESIDINC OFFICER: (SENATOR DEMUZIO) Senator Watson has moved the adoption of Amendment No. 2. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2's adopted. Purther amendments?

Amendment No. 3 offered by Senator Hall.

PRESIDINC OFFICER: (SENATOR DEMUZIO) Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the senate. This amendment eliminates five new administrakion positions and phases back k<o hundred and seventeen posikions by two months. move for the adoption of this amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall moves the adoption of Amendment No. 3. Is there discusskon? Senator Maitland.

47  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25e 1989 Question of the sponsor, Mr. President, if he9l1 yield.

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he'll

Senator Hall, how -- Senator Hall --

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he will yield. Senator Maitland.

Senator Hall; What is your -- the total of your reduetion?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall.

The the total of the amount is one million three hundred and forty-two thousand dollars.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

Thank you, Mr. President and Members of the Senate. I -- I Would rise in opposition ko this amendment. We have an amendment Eo follok thatz I think, will -- will make about the same amount of cut, but will be slightly different, and Would appreciate a No vote, and Mr President, ask for a roll call.

PRESIDING OFPICER: (SENATOR DEMUZIO) All right. Senator Hall has moved the adoption of Amendment No . 3 to Senate Bill 438. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 30# the Nays are 29. Amendment No. 3 is adopeed. Further amendments?

Amendment No. 4 offered by Senator Hall.

PRESIDING OFFICER: (SENATOR DEMUZIO) 48  STATE 0P ILLINOIS 86th GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This amendment eliminates thirteen long-term vacancies -- administration, clerical vacancies -- at least four months. This is a total of two hundred and ninety thousand -- this is a total of two bundred and ninety thousand GRF. I move for tbe adoption of this amendment.

PRESIDING OFPICER: (SENATOR DEMUZIO) Al1 right. Senator Hall's moved the adoption of Amendmenk No. 4. Discussion? Senator Maitland.

Thank you very much: Mr. President, Kembers of the Senate. On this side of the aisle: we simply can't support that add-on. I would -- would ask for a No vote and seek a roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall has moved the adoption of Amendment No. 4 to Senate Bil1 438. Those in favor will vote Aye. Those opposed: Nay. The voting is open. Have al1 voted who wish? Have al1 voted who Wish? Have a11 voted who gish? Take the record. On that question, the Kyes axe -- the Ayes are 30, the Nays are 29y none voting Present. Amendment No. 4 is adopted. Further amendments?

Amendment No. 5 offered by Senator Hall.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Hall.

Thank you, Mr. Presidenk and Ladies and Gentlemen of the Senate. This Amendment No. 5 imposes a one percent productivity facEor in administration division only. It's only a hundred and sixty-eight thousand dollars. I move for the adoption of this amendment. 49  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TNANSCRIPT 36th Legislative Day May 25y 1989

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Hall has moved the adoption Senator Maitland.

Thank you very much, Mr. President. Again, I would rise in opposition, and would seek a roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall's moved the adoption of Amendment No. 5 to Senate Bill 438. Those in favor will vote Aye. Those opposed, Nay. The voting is open. (pause) All right. Those -- all those in -- Have al1 voted Who wish? Have all voted who Wisb? Take the record. On that question, the Ayes are 30# the Nays are 28. Amendment No . 5 is adopted. Further amendments?

Amendment No. 6 offered by Senator Hall.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall.

Thank you: Mr. President and Ladies and Gentlemen of the Senate. This freezes other operation lines, and this is only a hundred and sixty-nine thousand dollars. I move for the adoption of this amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Senator Hall has moved the adoption of Amendment No. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 6 is adopted. Further amendments?

Amendment No. 7 offered by Senator Welch.

PRESIDING OFFICER: (SCNATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. This particular amendment does not 50  STAYE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25z 1989 add or delete any money from the budget. What it does is eliminate the authority for the Department to have a transferability of grants up to two percent. This gives us more control of the budget, and I would move for adoption of the amendment.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Welch has moved the adoption. Is there discussion? Senator Maitland. SENATOR MAITLASDZ Mr. Presidentz I would -- would rise in opposition, and -- and ask for a roll cally sir.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senakor Welch, do you wish to close on -- Senator Welch has moved the adoption of Amendment No. 7. Those in favor will vote Aye. Those opposedz Nay. The votin: is open. Have al1 voted Who wish? (machine cutoff) Take the record. On that questiony the Ayes are 30, the Nays are 28. Amendment No. 7 is adopted. Purther amendments?

Amendment No. 8 offered by Senator Demuzio.

PRESIDING OFPICER: (SENATOR DEMUZIO) Well. Senator Carroll.

Parliamentary inquiry. I believe that's qoing to be identical to Amendment No. 2, that was already adopted by Senator Watson. Am I correct?

PRESIDING OFFICER: (SENATOR DEKUZIO) Xeah.

And then with your --

PRESIDING OTEICER: (SENATOR DEMUZIO) Yeah. Thatfs exactly riqht.

51  STATE OF ILLINOIS 86th GENZRAL ASSRMRLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 -- leave, Mr. President. can 1, in -- acting in your stead: withdraw the amendment?

PRESIDING OFFICER: (SENATOR DEMUZIO) Sure.

Thanks.

PRESIDING OFFICER: (SENATOR DEMDZIO) All right. Leave is granted. Amendment's withdrawn. Further amendments?

Amendment No. 8 offered by Senator Welch. PRESIDING OFFICERI (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. This amendmenk would add two and a half million dollars to the budget. What it does is# creates one thousand additional day care slots. There's been no increase in this line since fiscal year of f87. I'd move adoption of this amendment.

PRESIDING OFFICZR: (SENATOR DEMUZIO) A1l right. (machine cutoff) END OF TAPE TAPE 2

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch has moved the adoption of Amendment No. 8. Is there discussion? Senator Maitland.

Mr. President, first question I would ask, is this amendment 52  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 technically -- technically correct, at khis point?

PRESIDING OFFICER: (SENATOR DEMUZIO) Yes.

It is?

PRESIDING OFEICER: (SENATOR DEMUZIO) Senator Maitlandy I am told by the Parliamentarian that it, in fact, is technically correct. Senator Maitland.

... they do track nowr too. Thank you very much. I would rise in opposikion, and seek a roll call.

PRESIDING OFEICER: (SENATOR DEMUZIO) Al1 right. Senator Welch has moved the adoption of Amendment No. 8. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have all voted Who Wish? Take the record. On that question, the Ayes are 30, the Nays are 27. Amendment No. 8 is adopted. Further amendments?

Amendment No. 9 offered by Senators Welch and Smith .

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. This will add seven hundred thirty-two thousand nine hundred dollars for protective and infant morEality day care, addinq two hundred and eighty-two more slots. This line item has had no increase since Fiscal Year '87, either. I Would move for adoption of the amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch has moved the adoption of Amendment No. 9. Discussion? Senator Maitland.

53  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Thank you very much, Mr. President. I rise in opposition, and would seek a roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch has moved the adoption of Amendment No . 9. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who Wish? Have a11 voted Who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 31r the Nays are 28. Amendment No. 9 is adopted. Purther amendments?

Amendment 10 offered by Senators Welch and Smith.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. This adds six hundred three thousand seven hundred dollars for the use services line ikem. Ik's a five percent increase. There's also been no increase in this item since fiscal year of '87. I'd move for adoption of the amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch has moved the adoption of Amendment No. 10. Is there discussion? Senator Maitland.

Thank you, Mr. President. Rise in opposition, and seek a roll call vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Amendment No. 1û be adopted. Those kn favor will vote Aye. Those opposede Nay. The voting is open. Have a11 voted who wish? Have al1 voted who Wish? Have al1 voted who Wish? Take the record. On that question, the Ayes are 30, the Nays are 27. Amendment No. 10 is adopted. Further amendments? SECRETARY RAWKER) Amendment 11 offered by Senator Welch.

PRESIDING OFFICER: (SENATOR DEMUZIO) 54  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senator Welch.

Thank you, Mr. President. This increases by five hundred twenky khousand dollars the foster care line item. It provides for foster care training, respite and crisis counseling. I would move for adoption of the amendment.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch has moved the adoption of Amendment No. l1. Is there a discussion? Senator Maitland.

Senator Welch, do you know what the current funding level is?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

The figure we have is four hundred eighty thousand dollars.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Maitland.

This money is coming out of foster care?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

It's allocated to foster care.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Maitland.

Well, it's coming out -- coming out of foster care. I -- I rise in opposition, and -- and seek a roll call vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch has moved the adoption of Amendment No. 11 to Senate Bill 438. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who wish? Have all voted Who 55  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 wish? Have all voted Who Wish? Take the record. On that question, the Ayes are 29, the Nays are 28, none voting Present. Amendment No. 12 -- 11 -- No. is -- No. 11 is adopted. Further amendments?

Amendment 12 offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maltland. (pause) Senator Maltlandp on the -- all righk.

Mr. President, wefd like to withdraw that -- that amendment.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Maitland seeks to withdraw Amendment No. l2. Leave is granted. Amendment No. 12 is withdrawn. Further amendments?

Amendment No. 12 offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland, on Amendment No. l2.

Madam Secretary, let me -- could I read the -- the number to you? SRS86S0438MBbga0 -- amol. Thank you very much.

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates yes. Senator Maitland. (pause) Senator Maitland.

Thank you, Mr. President and Members of the Senate. This -- this amendment is a reduction of five -- five million six hundred forty-sîx thousand dollars, and it does a number of things. It reduces Parents Too Soon by 2.5 million dollars. 1* reduces community services to introduced level. It reduces day care to inkroduced level, except for the amendment that is of interest to Senator Watson and Senator Demuzio. I would move for the adopkionz Mr. Presidenk. PRESIDING OFFICERJ (SENATOR DEMUZIO) 56  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 All right. Senator Maitland has moved the adoption of Amendment No. l2. Is there a discussion? Senator Welch.

Thank you, Mr. President. I had to rise in opposition. What this does is remove everything we just voted to put on the bill, including the consolidated day-care line, the protective and infant and mortality line, the youth services increase, and foster care increases. I think this is something that we should not do, and I Would urge a No vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Hall. Senator Maitland has moved the adoption of Amendment No. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who Wish? Have a11 voted Who wish? Have a11 voted Who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 29, the Nays are 30. Amendment No. 12 fails. Purther amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMDZIO) 3rd Reading. Senate Bills 2nd Reading, Senate Bill 439. Senator Maitland. On the Order of SenaEe Bills 2nd Reading is Senate Bill 439. Madam Secretary, read the bill, please.

Senate Bill 439. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendmentG from the Floor?

Senator Hall offers Amendment No. 1.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Hall. 57  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

i Jusk a minute, Mr. -- Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall.

Thank you, Mr. President. 1911 Withdraw this amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall seeks leave to Withdraw the amendment. Is leave granted? Leave is granted. Amendment is withdrawn. Further amendments?

Amendment No. 2 offered by Senator Hall. Pardon me, that's No. 1.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen. This is a - - imposes a one percent productivity factor for -- and I move for the adoptkon of this amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall has moved the adoption of Amendment No. 1. Is there discussion? Senator Kaitland. SENATOR MAITLANDI Thank you, Mr. President, Members of the Senate. Senator Hall, what 's the -- What's the dollar amount on this, do you know?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall.

It's three million fifty-eight dollars.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

58  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25, 1989 Thank you, Mr. President, Members of thè Senate. I would Would seek opposition. We will have, obviously, an amendment to follow. I would ask for a roll call: Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall's moved the adoption of Amendment No. l to Senate Bill 439. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who Wish? Have a11 voted Who wish? Have all voted who wish? Take the record. On that question, the Ayes are 28, the Nays are 30. Amendment No. 1 fails. Further amendments?

Amendment No. 2 offered by Senator Hall.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This freezes nonpersonal service lines at the '89 level. I move -- this is two million six hundred and eighty khousand dollars. And I move for the adoption of this amendmenk.

PRESIDING OPFICER: (SENATOR DEMUZIO) Discussion? Senator -- Senator Hall has moved the adoption of Amendment No. 2. Those -- well -- Senator Maitland . Senator Maitland.

Thank you, Mr. President, Members of the Senate. I rise in opposition, and would seek a roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall moves the adoption of Amendment No. 2. Those in favor will vote Aye. Those opposed, Nay. The votinq is open. Have al1 voted who Wish? Have al1 voted who wish? Have al1 voted who wish? Have all voted Who Wish? Take the record. On that question: the Ayes are 28z the Nays are 31. Amendment No. 2 is defeated. 59  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Pails. Further amendments?

Kmendment No. 3 offered by Senator Welcb.

PRESIDING OFFICER: (SENATOR DRMUZIO) Senakor Welch.

Thank you, Mr. President. What this amendment Will do is reduce the budqet of the Department of Corrections by 99. 7 khousand dollars. does so by deleting airplane costs, a personal information officer, as well. I would move for adoption of the amendment.

PRESIDING OFFICER: (SENATOR DCMUZIO) Discussion? Senator Maitland.

Mr. President, first of all, I Would ask -- it's -- it's sometimes very difficult to hear the Members on that sàde. I don't know whether the volume is turned up quite high enough, but I can hardly hear Senator Welch when he speaks, but I Would rise in opposition. heard enough that I would rise in oppoEition: and ask for a roll call.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch has moved the adoption of Amendment No. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted Who Wish? Have all voted who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 30, the Nays are 28. AmgndmenE No. 3 is adopted. Further amendments?

Amendment No. 4 offered by Senator Welch .

PRESIDING OPPICER: (SENATOR DKMUZIO) Senator Welch.

Maybe I shouldn't be heard on this one either, but what it 60  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslatkve Day May 25, 1989 does it reduces the budget by ninety-seven thousand by eliminating three ghost payrollers on *he Department of Corrections budget. would move for adoption of the amendment.

PRESIDING OFPICER: (SENATOR DEMDZIO) WICS Channel 20 requests permission to tape. Is this leave granted? Leave is granted. And hearing no objections. Discussion? Senator Maitland.

Thank you very muchy Mr. President: Members. And did hear that one. And I would rise in oppositionz and Would seek a roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, shall Amendment No. 4 -- Discussion? Senator Keats.

A question of the sponsor. Who are these ghost payrollers? What do you say they are alleged listed on the payrolls as doing? And what do you say theyfre doing that makes them ghost payrollers? I mean, it's a great term, but Why do you list them as sueh? Explain to us what that term comes from.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Welch.

Thank you. There are three individuals who are assigned to the Department of Corrections but are paid -- are paid from the Department of Corrections, but basically work out of the Governor's Office. When -- if you want the names we can get those to you; I don't have them right now.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Keats.

What do they do? I meanz it doesn't offend me if a guy on the 61  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 Corrections payroll is working on Corrections issues in the Governor's Office. If he's on the Corrections payroll and he 's working on press issues, noW thatls a different subject. But to call them a ghost payroller - you know: the Governor has policy i staff people who deal with these issues. Is this what these people are?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

All right. I have three names and I have three places Where they work. Number one, individual named Mary Green is paid twenty-one thousand one hundred thousand Ksic> dollars working under the auspices of the Department of Corrections but is in the Washington office of the Governor's Office. Secondly, Marge Harvey, is involved with senior involvementz paid twenty-six thousand five hundred dollars, is on the payroll but works -- I'm sorry, scratch that one. She's in a different department. Jean Bradner, paid forty-three thousand dollarsr is in the Voluntary Action Department but assigned to the Department of Corrections. And the third one is Carol Long, paid twenty thousand one hundred dollars on the proqram staff, but assigned to the Department of Corrections. So I would move for adoption. I

PRESIDING OFPICER: (SENATOR DEMCZIO) Further dîscussàon? All right. On this ghostbuster, Senator Welch has moved the adoption of Amendment No. 4. Those in favor will voEe Aye. A1l those in favor indicate by sayin: Aye. Opposed, Nay . The Ayes have it. Amendment No. 4 is adopted. Further amendments? '

Amendment No. 5 offered by Senator Maitland. PRESIDING OFFICER: (SENATOR DEMUZIO) ! ! Senator Maitland. ...(pause)... Senator Maitland. $ 62  STATE OF ILLINOIS 86th GENERAL ASSEMBDY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 75r 1989

Mr. -- Mr. President, I'm reliably informed by my handlers that this amendment does not track at this point.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator seeks leave to Withdraw the amendment. Amendment is withdrawn. Purther amendments?

No further amendments.

PRESIDING OPFICER: (SENATOR DEMUZIO) 3rd Reading. 440. Senator Hawkinson. On the Order of Senate Bills 2nd Reading is Senake Bill 4-4-0. Madam Secretary, read the bill, please.

Senate Bill 440. (Secretary reads title of b#ll) 2nd Reading of the bill. Committee on Appropriations 11 offers Committee Amendment No. 1.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Maitland. Wait a minute. Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment No. l phases the neW program analysts at six months instead of nine. And I move for the adoption of this amendment. It's -- it's nine thousand two hundred dollars.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Hall has moved the adoption .e.lmachine cutoffl... A1l right. I thinke Senator Hall, you -- you've explained the Floor amendment. I think there is a -- a committee amendment. Committee Amendment No. 1. Senator Hall.

Just a minute, so we get straiqht where we are here.

PRESIDING OFFICER: (SENATOR DEMUZIO) 63  STATE OF ILLINOIS 86th GEXERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senator Hall.

1'11 go with the same amendment. It phases the neW program analysts at six months instead of nine. Move for the adoption of the amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) I'm told there's a Conmittee Amendment No. l on this on this bill. Committee Amendment No. 1. Senator Hall.

Thank you. It's -- our -- our sheets is Wrong on our page. This Will be -- so scratch what I said there, and now wedll go to Committee Amendment No. This is a PIF. This is a reduction of one percent increase, turnover in hiring 1ag factored two percent, phase-in new position three months, reduces merit comp to 3.5, and reduces to FX189 and hospital reimbursement remains at introduced level -- the -- it eliminates legal fee of thirty-one thousand point three (31.3 thousand) for a total of a hundred seventy-three thousand. And I move for the adoption of this amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Discussion? Senator Hawkinson.

Thank you, Mr. President. I rise in opposition to Committee Amendment No. 1. This is a Health Care Cost Containment Council. And this amendment will keep them from doing what we Want them to do, and that's cutting costs with the data processing equipment that they need. And I would ask for a roll call in opposition of the amendment.

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not, Senator Maitland move the -- the adoption of Committee Amendment No. l to Senate Bill 440. Al1 in favor indicate by saying Aye. The -- the voting is open. A1l in favor will vote Aye. Opposed, Nay. The voting is open. All voted 64  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25y 1989 I who Wish? A1l voted who wish? All voted who Wish? Take the record, Madam Secretary. On that question, there are 30 Ayes, 29 Nays, zero voting Present. The amendment is adopted. Any further amendments?

Amendment No. 2 -- no committee -- no further committee amendments.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hawkinson.

I'd like to ask for a verification of that last vote. Of the affkrmative vote.

PRESIDING OPPICER: (SENATOR COLLINS) Senator Hawkinson requests verification. Will the Clerk read the affirmative votes, please.

The following Members voted in the affirmative: Alexander, Bermanp Brookins, Carroll: Collins, Daley, D'Atcoz del Valle, Demuzio, Thomas Dunn, Hall: Holmberg, Jacobs --

PRESIDING OFFICER: (SENATOR COLLINS) Senator HaWkinson withdraw his request for verification. Any further amendments?

Amendment No. 2 offered by Senator Hall.

PRESIDING OFFICER: (SENATOR COLLINS) Senakor Halle on Amendment No. 2.

1'11 withdraw that No. 2 Amendment.

PRESIDING OFPICER: (SENATOR COLLINS) Senator Hall withdraws.

That's on that programmer, Senator. 65  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989

PRESIDING OFFICER: (SCNATOR COLLINS) Senator Alexander, for what purpose do you arise?

Thank -- thank you, Madam President. I rise on a point of personal privilege. I'm honored to have the students from Earle Blementary School Grades 7 and 8 in the Democratic Gallery. Will you please welcome them to Springfield.

PRESIDING OPFICER: (SENATOR COLLINS) Wi1l our guests please stand and be recognized by the Senate. Welcome to Springfield. Any further amendments?

Amendment No. 2 offered by Senato: Hall. PRESIDfNG OFFICER: (SENATOR COLLINS) Senator Hall, please.

Thank you, Madam Chairman -- Madam President. This Amendment No . 2 imposes a one percent productivity factor. It's seven thousand four -- Welll also withdraw this amendnent.

PRESIDING OEPICER: (SENATOR COLLINS) Senator Hall withdraws Amendment No. 2. Any further amendments?

Amendment No. 3 offered by Senator Hall. PRESIDING OFPICER: (SENATOR COLLINSJ Senator Hall, on Amendment No. 3.

Thank you, Madam President. 1'11 also withdraw that amendment.

PRESIDING OFPICER: (SENATOR COLLINS) He Withdraws Amendment No. 3. Any further amendments?

Amendment No. 2 offered by Senator Hawkinson.

PRESIDING OFFICER: (SENATOR COLLINS) 66  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 Senator Hawkinsong on -- on Amendment No. 2. ' SENATOR HAWKINSON: 1 Thankyou,MadamPresident.IwouldaskleavetoWithdrawthat 1 amendment.

PRESIDING OFFICER: (SENATOR COLLINS) Ee requests leave to Withdraw Amendment No. 2. Any further amendments?

Amendment No. 2 offered by Senator Hawkinson.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hawkinson.

Thank you, Madam President. The amendment I Withdrew Would have added back in the cuts made by the committee amendment. This amendment does not attempt to restore the productivity factor or the personnel costs, but it does ask to restore the equipment data processing and telecommunication lines of sixty thousand five hundred dollars, which are essential for this Council to do the Work that they need to keep the data on hospital cosks. And I would ask for its adoption, and ask for a roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Maitland.

Thank you, Mr. President -- Madam President and Members of the Senate. I would -- Would rise in strong support of this amendment, and ask both sides of the aisle to -- to suppork this. This is critically important to this agency. It is not a large budget, and I would seek your support.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? Senator Kenneth Hall.

We have no objections to that, Madam President. 67  STATE OF ILLINOIS 86th GENERAL ASSEMBLY : REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25: 1989 PRESIDING OFFICER: (SENATOR COLLINS) Senator Eawkinson moves the adoption of Amendment -- Floor Amendment No. 2. All in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. And the amendment ks adopted. Any furkher amendments? SECRETARY HAWKER: No further amendments. PRESIDING OFFICER: (SENATOR COLLINS) 3rd Reading. Senator Schaffer, on Senate Bill 4-4-1. Read the bill, Madam Secretary. SECRETARY HAWKER: Senate Bill 4-4-1. lsecretary reads title of bill) 2nd Readlng of the bill. The Committee on Appropriations 11 offers Amendment No. 1. PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer. Senator Schaffer, on -- on Amendment -- Committee Amendment No. 1. Senator Schaffer moves the -- Senator Hall. SENATOR HALL: That's our amendment, and 1911 defer to Senator Kelly. PRESIDING OFFICER: (SENATOR COLLINS) Senator Kelly. SENATOR KELLY: Thank you, Mr. President and Members of the Senate. Committee Amendment No. l provided a one hundred and five thousand dollar appropriation for the Pamily Service and Mental Hea1th Center of South Cook Countyy for the purpose of remunerating a psychiatrist's fees, raising it from fifty to seventy-five dollars an hour, and also to retain a case manaqer and program coordinator for the residential program with this agency. The salary of this person would be kwenty-five thousand dollars. And the reason for 68  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 increasing the psychiatrist's allowance is that you just can't get qualified psychiatrists at this 1ow a level. I would especially solicit my tWo colleagues from the south suburbs, Senator DeAngelis and Senator Mahar, to join me in supporting this amendment.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? Senator Maitland.

Thank you very much, Madam President and Members of the Senate. I know this is an amendment that's important to a number of legislators, but I Would just suggest that there are a lot of these centers around the State, and any one of us could be asking for add-ons. And I just ask you to keep that thought in mind. PRESIDING OFFICER: (SENATOR COLLINSJ Further discussion? If not, SenaEor Kelly moves the adoption of Committee Amendment No. 1. Al1 in favor will indicake by the usual sign, Aye. Opposed, Nay. The Ayes have it. And the amendment is adopted. Further -- any further committee amendments?

No further aommittee amendments.

PRESIDING OFFICER: (SENATOR COLLINS) Any Ploor amendments?

Senator Hall offers Amendment No. 2.

PRESIDING OFFICER: (SENATOR COLLINS) senator Hall, on Amendment No. 2.

Thank you: Madam President. This Amendment No. 2 is -- imposes that productive fictor. It's a hundred and eighteen thousand dollar reduction. Ask for the adoption of the amendment.

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not, Senator Hall moves the adoption of 69  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25, 1989 Amendment No. to our Senate Bill -- Senator Maitland. I'm -- your light was not on, Senator. ïou yield to Senator Schaffer? Senator Schaffer.

If I understand this amendment correctly, it is a cut of the central office. I've been involved with the Department of Mental Hea1th budqet for a number of years, and frankly, I think those of us Ehat have a history know that we have eliminated the reqions in the Department of Mental Health. And I think most of us felt that at least initially, what we were doing was smart. And I think because most of us are very reluctant to hit the institutions, most of which are probably understaffed at least to the point most of us would like it to be, the central office for the last few years has been the target. I can remember over the years calling central office to -- on a particular problem of one type or another, and I'd be assigned to oo and so Who Was in charge of this division or that division, and you qot the impression there was just a small army. Nowadays, if you call the central office, seems like you always end up talking to the same person. It almost seems like we've gotten rid of everybody over there and al1 the phone lines are -- ring on one desk. ïear after year we keep putting additional Work in the Department, then we cut their budget. We cut their budget, and they have to have long-term vacancies, because it's either that or lay people off. So we say, ''Well, because you didn't fill the vacancies, we eliminate those. '' And then they have to 1ay people off and create more vacancies . And it's been a downward spiral. We need to give the cenkral office at least minimal ability to react to the continued wave after wave of mandates and additkonal work that We foist upon them . I mean, this is pure hypocrisy.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall. 70  STATE OF ILLINOIS 86th GENSRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

Madam President, may we have a little order. I cannot hear from these fellows right here. Would -- would you...

PRESIDING OEFICER: (SENATOR COLLINS) ïes. Will the -- will the staff please take your conferences off of the Floor, and will the Senators please hold down the noise so he can hear.

Senator Schaffer, you -- you made an elegant plea there. The only thing is about it that we couldn't hear you because of al1 the disturbancez but I -- but look, hereîs what I want to kell you. It's simply khis. This is a small cut. You have one to cut out three million dollars. I'm only making a cut of -- of one hundred, I mean, a hundred and eighteen thousand. Now, you have an average salary here of thirty thousand dollars. This is a small cut. Thatês all.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer.

Wetll withdraw our amendment, if you'll withdraw yours.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.

Our -- ours is a very small amendment.

PRESIDING OFEICER: (SENATOR COLLINS) Senator -- any further -- Senator Schaffer.

move for the adoption of --

Well. I was just going to point out, by that -- by your own logic khen: youlre gekting the better end of the deal: 'cause we had a big one. We're giving up something big for something -- 71  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 youdre giving up something small. It just seems fair. But seriously, though, the bottom line is that we always go after central office in this Department. Welve created long-term vacancies, and we remove them. You -- you can't keep asking this Department to be al1 things to a1l people, to go out and do this and do that, and then keep chopping the office. The bottom line is that this is a -- a major State agency that has been starved at the top end. When they go into a budget the -- the first priority for the Director and her people are the institutions. They go through the bureau very lean. They get to us and we savage them. It just doesn't make sense. It's not good government. It certainly doesn lt serve the interests of the mentally ill and the developmentally disabled. Our side, frankly, has been prevailed upon to -- to adheed Ksicl to the philosophy I've just enumerated, and wedre supposed to be the hardhearted people. Give me a break. This is not qood governmental policy. We should not do this.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall, to close.

Well well. Senator Schaffer, I appreeiate What youIre saying, but We did not cut anyone. We did not cut anybody out. There's no vacancy that we took. Okay? That's -- that's -- this is so small. So I1d move for the adoption of the amendment. Thank you, Senator.

PRESIDING OFFICER: (SENATOR COLLINS) senator Hall moves the adoption of Committee Amendment No. 2 to Senate Bills 4-4-1. A11 in favor will indicate by the usual sign. A roll call has been requested. Al1 in favor will vote Aye. Opposed, Nay. The voting is open. All voted who wish? All voeed who wish? Al1 voted who wish? Take the record, Madam Secretary. On that question, there are 27 Ayes, 30 Nays, none voting Present. The amendment fails. Any further amendments? 72 I  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

Amendment No. 3 offered by Senator Hall.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall, on Amendment No. 3.

This -- this freezes the -- the one that OBRA funded. This is operating line. This transfers OBRA funding to the Department of Public Aid. And I move for the adoption of this amendment. Hold --

PRESIDING OFFICER: (SENATOR COLLINS) Any --

Hold on just a moment. Hold on. We've :ot confusion. We got somethin: on it. This is the amendment that freezes operation lines ak the FY'89 spending level of the central office in EDP only, and move for the adoption of that amendment.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall has moved the adoption of Amendment No. 3. Any discussion? Senator Maitland.

Well. Is this an additional cut then, in -- in operations at central offiee among other line items, or okher?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.

This just freezesr Senator Maitland. Thatls a1l it does.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Schaffer.

Again, you know, it's -- it's beat up the central office again. We just -- we've asked them to keep track of clients. We've asked them to expand their capacity. Wedve put out our press releases about how much we care about mental health, and then we 73  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SCSSION SENATE TRANSCRIPT 36th Leqislative Day May 25, 1989 do this. I Would resist this amendment. You knowz we have -- we have starved them for several years in this line item, to expand the program, to meet the things we've asked them to do. Then we ought to repeal a few laks. We ought to say no we didn't really meant that we cared about those people. We didn't really care khat we wanked the Department run correctly. We just said that - We didn 't mean it.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? Senator Demuzio.

Well. I?d like to have another explanation as to What We are doing here. Are we are -- are We on Floor Amendment No. 3 according to our script, or are we on Floor Amendment No. according to our script, or what are We on? Two?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.

There -- there's some -- the numbers are, in fact -- but we're really at two. You -- you :ot it now?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Demuzio.

.. . What we are doing here is we are freezing the operatinq lines at the f89 fiscal year spending level for the central office and for the EDP only, of three hundred and forty-nine thousand three hundred. Is that correct?

PRESIDING OFFICER: (SENATOR COLLINS) He indicates you're correct. Senator Maitland.

Well. Thank you, Madam President. I would just -- just rise in in opposition. I think this is -- as Senator Sehaffer has suggested -- I think Senator Demuzio is unhappy about something, 74  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 but I -- I'm making your speech, Senator. I would rise in opposition.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall, to close.

1'11 defer to Senator Demuzio. He never got, really, an answer to his question.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Demuzio.

I yield the balance of my time to Senator Hall.

PRESIDING OFFICER: (SEXATOR COLLINS) Senator Hall.

Well. I -- I read what we were doing here, and I1d move for the adopEion of this amendment.

PRESIDING OEFICER: (SENATOR COLLINS) Senator Hall moves the adoption of Committee Amendment No. 3 to Senate Bill 4-4-1. All in favor will indicate by saying Aye. A roll call has been requested. Those in favor will vote Aye. Opposed, Nay. The voting is open. All who -- all voted who wish? Have a11 voted Who wish? Have all voted Who Wish? Take the record, Madam Secretary. On that question, there are 26 Ayes, 32 Nays. The amendment fails. Any further amendments?

Amendment No. 4 offered by Senator Welch.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch, on Amendment No. 4.

Thank you, Madam President. Amendment No. 4 will transfer funding from this Department to Public Aid for funding the Omnibus Budget Reconciliation Act requirement. It's a fifty-six million ' 75  STATE OF ILLINOIS 86th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 six -- fifty-three million six hundred thousand dollar transfer. I Would move for adoption of Floor Amendment No. 4.

PRESIDING OFFICER: (SENATOR COLLINS) hny dkscussion? Senator Maàtland.

Thank you very much, Madam President. The Senator's explanation is exactly right. It's -- it's accurate. It's necessary. Knd I would ask for support on tbis side of the aisle.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch has moved tbe adoption of Amendment No . 2 to Senate -- Amendment No. 4 to Senate Bi1l 4-4-1. All in favor will indkcate by the usual sign , hye. ûpposed, Nay . The Ayes have kt. And the amendment is adopted. Any further amendments? SECRETARY HAWKER) Amendment No. 5 offered by Senator Kelly.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Kelly, on Amendment No. 5.

Excuse me. Thank you, Mr. President, Members of the Senate. This -- khis amendment is a -- strictly a technical amendment. The wording was placed in the middle of a paragraphy and it should have been at the end. And move for the adoption of this amendment.

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not, Senator Kelly moves the adoption of Amendmen: No. 5 to senate Bill 4-4-1. A1l in favor will indicate by the sign, Aye. Opposed, Nay. The Ayes have it. And the amendment is adopted. Senator de1 Valle, for What purpose do you rise?

Thank you, Kadam President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR COLLINS) 76 ! STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25, 1989 State your poink, please. SENATOR DEL VALLE: In the gallery, We have the Aspira Club from the Lane Tech High School. I'd like to Welcome them to Springfield. PRESIDING OFPICER: (SENATOR COLLINS) Will our quests please rise, and be welcomed by the Senate. Welcome. Any further amendments, Madam Secretary? SECRETARY HAWKER: Amendment No. 6 offered by Senator Carroll. PRESIDING OFFICER: (SENATOR COLLINS) Senator Carroll, on Amendment No. 6. SENATOR CARROLL: Thank youz Madam Presidenk, Ladies and Gentlemen of the Senate. Amendment No. 6 is an effort to provide salary parities for those who work in mental health in the comRunity sector. This is similar to what we have done in -- in the Department of Rehab Services, or proposed in the Department of Rehab Services budget. The issue is that these people have been underfunded, undersalaried, all of these years. And these are the ones who are khe on-line workers in the community mental health centers, those who are actually out there in a1l of our districts doing the Work. This would give them the same type of parity as -- as other workers enjoy. And I would move its adoption. PRESIDING OFPICERS (SENATOR COLLINS) Any diseussion? Senator Maitland. SENATOR MAITLAND: Thank you, Mr. -- Madam President and Members of the Senate. This is a substantial increase suggested by Senator Carroll. There's no one thak will argue the need for inereased funding for communiey-based facilities. I have stood on this Floor and and made that -- made that same -- same point. But quite frankly, the - - the money is not there. And -- and Senator Carroll, if we read 77  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25, 1989 khe amendment correctlyy we are usin: GRF funds for mental health programs: something that ue've not done before, as I understand it. Is that not correct? PRESIDING OPPICER) (SENATOR COLLINS) Senator Carroll.

Senator Maitland, I'm -- I'm -- I'm not sure the nature of your question. As you know, federal dollars are not allowed for mental health programs. The federal government has mandated that mental health is a State responskbility. And this would use State funds for that purpose.

PRESIDING OFFICER: (SENATOR CQLLINS) Senator Maitland.

guess my question was, haven't we heretofore used mental healkh funds for this purpose, and -- and we are using We are extracting additional GRF 'unds.

PRESIDING OPPICER: (SENATOR COLLINS) Senator Carroll.

Even OBRA has to use General Revenue Punds. I'm not sure, again, the nature of the question, in that the federal government has mandated that mental health is a State responsibiliky, and these are State funds.

PRESIDING OFPICER: (SENATOR COLLINS) Senator Maikland.

Thank you. I I continue to make the same point, Senator Carroll. And I -- this is -- this is an eleven -- eleven million dollar raid on General Revenue, and eleven million dollars that we simply don't have. Nobody's arguing the -- the -- khe need, at all. But this is substantially above the introduced level, and 78 I j STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25: 1989 would -- would urge opposition. PRESIDING OFFICER: (SENATOR COLLINS) Senator Carroll. SENATOR CARROLL: ïeah. There is a mental health fund, as your indicating. It's fed by bingo, and things like that, as I recall. And that's fully allocated. So when you want to increase it, like OBRA, like the Governor is doing, you recommend General Revenue Fundse like he's doing, and OBRA, and other mental health needs. That's the only other source of funds. I agree with you. This is a needed salary adjustment for those who are on the front line actually doing the work. And I believe the other amendments Welve offered, as they're adopted, will provide khe funds to make this still a balanced budget. I would urge its adoption. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Carroll has moved the adoption of Amendment No. 6 to Senate Bil1 4-4-1. A11 in favor will indicate by usual signz Aye. Opposed, Nays. The Ayes have it. And the amendment is adopted. I'm sorry. didn't see your requesE for a roll call. A roll call has been requested. Those in favor Will vote Aye. Opposed, Nay. The voting is open. All who voted who wish? A1l who voted who Wish? All who voted who kish? Take the record, Madam Secretary. On that question, there are 29 Ayesp 29 Nays, none voting Present. And the amendment fails. Any further amendments, Madam Secretary? SECRETARY HAWKER: Amendment No. 7 offered by Senator Smith. PRESIDING OFFICER: (SENATOR COLLINS) Senator Smith, on Amendment No. SENATOR SMITH : Thank you, Madam Presidenty Ladies and Gentlemen of the Senate. I come with the grant for tWo million dollars. This 79  STATE OF ILLINOIS 86th GBNERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25# 1989 amendment will add one million dollars to the mentally i11# and one million dollars to the developmental disability grants for child and adolescent services. Now on the mentally i1l side, the early intervention program was stressed as a component of the additional funding. Early intervention treats children before they reach a crisis stage needing professional help . Mentally il1 community advocates suggest that this program as one worthy of additional funding, as well as a child in the adolescent programs in general. I move for the adoption of this amendment.

PRESIDING OPPICER: (SENATOR COLLINS) Any further discussion? Senator Kaitland.

Thank you, Madam President and Members of the Senate. Again, the Senator is deeply committed to this, and I understand that. But this is a two million dollar drain on -- on General Revenue money, that's just simply not there. And and I would seek opposition, and ask for a roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the -- the question is -- Senator Smith has moved the adoption of Committee Amendment No. 7 to Senate Bill 4-4-4 <sicl. Those in favor will vote Aye. Opposed, Nay. The voting is open. A1l who voted who wish? A1l who voted who wish? A1l who voted who Wish? Take the record, Madam Secretary. On that question, there are 31 Ayes, 27 Nays. The amendment is adopted. Any further amendments?

Amendment No. 8 offered by Senators Marovitz and Smith.

PRESIDING OPPICER: (SENATOR COLLINS) Senator Marovitz, on Amendment No. 8.

Thank you very much, Mr. President and Members of the Senate. Last year we passed in this Body, by a vote of 55 to nothing, a 80  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25, 1989 five-year program to provide research education and training on j adolescent and teen suicide programs. Over five thousand young 1 I people between the ages of fifteen and twenty-four commit suicide j every year. Statistics show that almost three times that attempt ; suicide every year, and another three thousand qo unreported. The rate of teen suicide has more that tripled over the last twenty years, making it the nation -- the nation's second -- second leading cause of adolescent death. Unfortunatelyy DMH chose not to fund khe program that we passed by a 55 to nothing vote last year. This amendment provides one million dollars for teen suicide prevention. And I think as we sit here and go through a lot of these amendments, we ough: ko take a look at our prioriEies, and if we can't do something to prevent the ten thousand suicides of young people, and make an effort in that direction, shame on us. And I ask for adoption of this amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Marovitz has moved the adoptlon of Amendment No. 8 to Senate Bill 441. Any discussion? If not, those in favor say Aye. Opposed, Nay. The Ayes have it. Amendment No. 8 is adopted . Any further amendments? SECRETARYHAWKER: 1 Amendment No. 9 offered by Senator Kelly.

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Kelly, Amendment No. 9.

Thank you, Mr. President and Members of the Senate. This amendment would increase significantly the amount of operational funds for nine developmental disabiliky facilities to a level of additional three mtllion one hundred and thirty-eight thousand eight hundred dollars. This amendment has come about at the i request of the Howe Parent's Associationz and it's in cooperation 1 I With the Parent's Associations at the nine other DD facilities in 81 I STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25, 1989 Mableyr Waukegan, Fox, Jacksonville, Lincolng Murray, Shapiro, Ludeman and the Howe Developmental Center. And I would raise the level of staff to -- to patient from 1.1 to 1.61. And this Would help to maintain the certification at theoe facilities. Without this level, We could very easily continue to lose a lot of federal money . And I move for the adoption of this amendment. PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Maitland. SENRTOR MAITLKND: Thank you, Mr. President and Members of the Senate. I was going to rise in opposition, and I'm still going to rise in opposition, but the last point that you nade about the ratio, 1-l to 1-6, we need an explanation on thaky Senator. We don't know quite what youfre talkinq about. PRESIDING OFPICER: (SENATOR D'ARCO) Senator Kelly. SENATOR KELLX: Well. Instead of having one -- a ratio of l.1 of one person, it would make it like one and a half persons. So you'd -- you'd have addikional staff to assist in the DD program Within the facility. This is direct care, and it would increase the -- the staff ratio. PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Rustra. Senator Kustra. Senator Maitland. SENATOR MAITLAND: Well -- well, thank you: Mr. President. Members of Ehe Senate, we -- we don't have them here. We have fiqures, and 1, you knoW; we are at the slightly over one -- 1-6. That's the -- obviously to qualify for federal reimbursement, and you knowy we just really don't understand what -- ghat youfre saying here. PRESIDING OFPICER: (SENATOR D'ARCO) All right. Senator Kelly moves the adoption of Amendment No. 8 82  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 36th Legislative Day May 25g 1989 I to Senate Bill -- 9: strike that. Amendment No. 9 to Senate Bil1 t 4-4-1. Kll those in favor vote Aye. All those opposed vote Nay. The voting is open. Have all voted who wish? Have all voted Who Wish? Have a11 voted who wished? Take Ehe record. On that question, there are 34 Ayes: 20 Nays, l voting Present. And Amendment No. 8 <sicl is adopted. Any further amendments, Madam Secretary? . ACTING SECRETARY: (MR. HAQRY) Amendment No. 10 offered by Senator Maitland. PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Maitlandz on Amendment No. l0. SENATOR MAITLAND: Thank you very much, Mr. President. Just on that last -- on that last vote, I was not finished with my questions of Senator Kellyz at all: and it's too late now, and I understand that. I -- I -- I fear we got some bad information, and we just put eleven million dollar add-on to the mental health bill with -- with not accuratey in my judgment, explanation. And I was simply krying to -- to get additional information, and was not able to get that. With respect to Amendment No. 10, we believe the amendment goes too far. We're concerned about this agency, as well. And therefore, we're going to Withdraw our amendment. PRESIDING OPFICER: (SESATOR DIARCO) Senator Maitland Withdraws Amendment No. l0. Any further amendments? ACTING SECRETARY: (MR. HAKRY) Amendment No. 10 offered by Senator Carroll. PRESIDING OFFICER: (SENATOR D'ARCO) Senator Carroll. SENATOR CARROLL: Thank you, Mr. President and Ladies and Gentlemen of the Senate. This amendment Will again provide for the community 83 k  STATE OP ILLINOIS 86th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 36th Legislative Day May 25, 1989 ! care-givers, to give them the parity-type pay increase. It is moderately different than the earlier version. And I would move its adoption. PRESIDING OFFICER: (SENATOR D'ARCO) I All right. Senator Carroll -- any discussion? Senator Carroll moves the adoption of Amendment No. -- Senator Maitland. Senator Maitland.

Thank you, Mr. President, Members of the Senate. Aqain: We don't have this amendmentz Senator Carroll. Is this -- is this duplicative of the -- of the last amendment?

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Carroll.

It's a thousand dollars more, so it's not duplicative. But ik is exactly the same concept.

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Maitland.

Well. I -- I quess that allows me then to persist in my argument on the -- on the former amendment. And -- and ask you, ' what are We doing here? I want to know more about the ratio.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Carroll.

I1m sorry.

Your --

I'm sorry.

1 I know we a1l look alike: that was Senator Kelly's on the I ! 84  STATE OF ILLINOIS 86th GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 i ratio. Mine is on the funding for the community-based -- throughout the State, a1l *he community-based mental health providers, to give them parity in salary, so that We're not losing them because of minimum wage, to places like McDonaldls. Let's keep them working in the mental health fieldp these community-based people. And I Would urge its adoption.

PRESIDING OFPICER: (SENATOR D'ARCO) All right. Senator Carroll moves the adoption of Amendment No. 10 Eo Senate Bill 4-4 -- Senator Maitland.

Well. Thank you, Mr. President and Members of the Senate. Once again, rise strongly in opposition to this, think the Body ought ko think twice about this, at this time. And -- and seek a No vote, and a roll call.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Carroll moves the adoption of Amendment No. 10 to Senate Bi11 4-4-1. A11 in favor vote Aye. A1l opposed, Nay. The voting is open. Have all voted who Wished? Have a11 voted Who wished? Have a1l voted who wished? Take the record. On that question, there are 30 Ayes, 29 Nays, none votîng Present. And Amendment No. 10 is adopted. Any further amendmentsz Mr. Secretary?

ACTING SECRETARY: (MR. NAQRY) No further amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Reading. Senate Bill 4-4-2. Senator Maitland. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 442. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 85  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 ' Any Floor amendments? j ACTI ! NG SECRETARY: (MR. HAPRY) Amendment No. l offered by Senakor Hall.

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Hall.

This is Amendment No. 1z and kt deletes two hundred and seventy-nine khousand dollars ou* of -- of the OBRA position, while funding fifteen percent vacancy level in the health and regulation division. I move for the adoption of this amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, Senator Hall -- Senator Maitland. .. . tshort pausel... Senator Maitland.

Thank you, Mr. President. I just am noW looking at the -- at the amendment. Senator, just quickly once again, an explanation.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Hall.

Well. My -- Ilve been informed, Senator, that this deletes unneeded OBRA positions, and it's while fundin: fifty percent vacancy level in the health regulation division.

PRESIDING OPFICER: (SENATOR D'ARCO) Senator Maitland.

This -- Do you under --

Yeah. It -- it is -- it iG our understanding that -- that -- that these -- these positions are needed, and -- and oughk Eo be in here. I would rise in opposition: Mr. President: and seek a roll call vote.

PRESIDING OFFICER: (SENATOR D'ARCO) 86  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR gEggloN SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 A11 right. Senator Hall moves the adoption of Amendment No. l to Senate Bill 4-4-2. All in favor vote Aye. A11 opposed, Nay. The voting is open. Have all voted Who wished? Have all voted who wished? Have all voted who wished? Have a1l voted Who wished? Take the record. On khat question: Ehere are 30 Ayes, 29 Nays, none voting Present. Amendment No. l is adopted. Any furkher amendments?

ACTING SECRETARY: (MR. HAKRX) Amendment No. 2 offered by Senator Hall.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This Amendment No. 2 is vacancies reduced to the entry level salaries, and it's two hundred and six thousand dollars. I move for the adoption of the amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, Senator Hall has moved khe adoption of Amendment No. 2 to Senate Bill 4-4-2. All those in favor say Aye. Opposed, Nay . The Ayes have it. Amendment No. 2%s adopted. Any further amendments?

ACTING SECRETARY: (MR. NAQRY) Amendment No. 3 offered by Senator Hall.

PRESIDING OPPICER: (SENATOR DIARCO) Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment No. 3 imposes a one percent productivity factor. It's three bundred and fifty-two thousand dollars. I move for the adoption of the amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? Senator Maitland. 87  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

Thank youg Mr. President, Members of the Senate. I Would simply rise in oppositiony and seek a roll call.

PRESIDING OFFICER: (SENATOR D'ARCO) Senakor Hall has moved the adoption of Amendment No. 3 to Senate Bill 4-4-2. All in favor vote Aye. Opposed, Nay. The voting is open. Have al1 voted who Wished? Have all voted Who Wished? Have a1l voted who Wished? Take the record. On that question, there are 30 Ayes, 29 Nays, none voting Present. Amendment No. is adopted. Any further amendments?

ACTING SECRETARY: (MR. NAQRY) Amendment No. 4 offered by Senator Welch.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Welch. Senator Welch.

Thank you. We thought that there 's another amendment by Senator Hall, if we could hold on one second.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Hall.

... be another amendment up there. Xo. 4.

PRESIDING OFFICER: (SENATOR D'ARCO) We are on Amendment No. 4, aren't We, Mr. Secretary? Al1 right. Wedll be right with you. Hold on. Take it easy. ...tshort pausel... Senator Hall.

Amendment No. 4 freezes appropriation to the FY'89 spending. Itts three hundred and thirty --

PRESIDING OFFICER: (SENATOR DIARCO) Wait, Senator Hall. We don't have Amendment No. 4 yet. That's why we're holding -- we're in a holding pattern. As soon as We get it -- 88  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25: 1989

Well --

PRESIDING OFFICER: (SENATOR D'ARCO) Soon as we get it --

We evidently got the numbers --

PRESIDING OPFICER: (SENATOR D'ARCO) -- we're going to recognize you, Senator Hall. As soon as We qet it.

Okay.

PRESIDING OFFICER: (SENATOR D'ARCO) We got

ACTING SECRETARY: (MR. NAQRY) Amendment No. 4 offered by Senator Hall.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Hall.

Thank you, Mr. President and Ladies and Genklemen of the Senate. This is -- it freezes the appropriation at the FY '89 spending level, three hundred and thirky-three thousand dollars. Move for the adoption of the amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Maitland.

Thank you, Mr. President and Members of the Senate. I rise in opposition, and seek a roll call.

PRESIDING OFFICER: (SENATOR DIARCO) All right. Senator Hall has moved *he adopEion of Amendmenk No. 4 to Senate Bill 4-4-2. All those in favor vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wished? Have a1l voted who Wished? Have al1 voted who wished? Take the record . On khat 89 i STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 question, there are 29 Ayes, 29 Naysg none voting Present. Amendment No. 4 fails. Any further amendments? ACTING SECRETARY: (MR. HAKRY) Amendment No. 5 offered by Senator Welch. PRESIDING OFFICER: (SENATOR D'ARCO) Senator Welch. SENATOR WELCH: Thank youz Mr. President. What this amendment will do is delete a ghost payroll at the rate of thirty-six thousand dollars. I would move for the adoption of this amendment. PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not; Senator Welch has moved the adoption of Amendment No. 5 to Senate Bill 4-4-2. All those in favor say Aye. Opposed, Nay. The Ayes have it. Amendment No. 5 is adopted . Any further amendments? ACTING SECRETARY: (MR. HARRY) Amendment No. 6 offered by Senator Welch. PRESIDINC OFPICER: (SENATOR D'ARCO) Senator Welch. SENATOR WELCH : Thank you, Mr. President. This amendmenk reduces Ehe reappropriation to the April 30th spend-down level. It's a reductkon of three million thirty-seven thousand dollars. PRESIDING OFPICER: (SENATOR D'ARCO) All right. Senator Any disaussion? If not, -- Senator Kakttand. Any dkscussion? If not, Senator Welch has moved Ehe adoption of Amendment No. 6. Al1 those in favor say Aye . Opposed, Nay. The Ayes have it. Amendment -- Amendment No. 6 is adopted. Senator Holmberg, for what purpose do you arise? SENATOR HOLMBERG: Thank you, Mr. Thank you, Mr. President. I -- inadvertently pressed my button No on a previous bill, and I would 90  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislakive Day May 25 , 1989 like to have it recorded as Xes. It's Senate Bill 1182, recall 2nd Amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Holmberg, the record will so reflect. Senator Welch. Any further amendments?

ACTING SECRETARY: (MR. HAQRY) Amendment No. 7 offered by Senator Welch.

PRESIDING OFFICER: (SENATOR DIARCO) Senator Welch.

Thank you, Mr. President. This is a reduction of Ehree hundred and thirty-nine point five thousand dollars deleting unneeded expense of khe Governor's Planning Council on Developmental Disabilities and Immigration Reform and Control Act. The Department itself has said that they do not need this money. And I Would move adoption of the amendment.

PRESIDING OFPICER: (SENATOR D'ARCO) Any discussion? If not, Senator Welch moved the adoption of Amendment No. 7 to Senate Bill 4-4-2. A1l in favor say Aye. Opposed, Nay. The Ayes have it. Amendment No. 7 is adopted. Any further amendments?

ACTING SECRETARY: (MR. NADRY) Amendment No. 8 offered by Senators Netsch and J.J. Joyce.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Netsch. J.J. Joyce. Senator J.J. Joyce.

Yes. Thank you. This should also be Senator DeAngelis. It is a - - an increase for the hemophiliac -- That's the Wrong one, I'n sorry. Wrong one.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Netsch.

91 !  ! STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Thank you, Mr. President. Amendment No. --

PRESIDING OFFICER: (SENATOR D'ARCO) 8.

-- 8 would add five hundred thousand dollars to the Public Hea1th appropriation for the rape victims and rape prevention fund activities. And basically what it would do would be to allow the funding of two new centers, one in Western Illinois and one in southern Illinoisy and also allows some increase in the staff at the existing centers. Altogether it would result in a statewide increase in the number of victims served to one -- one thousand six hundred and eighty, and a statewide increase in the number of hours of service of twenty-eight thousand. This --

PRESIDING OPFICER: (SENATOR D'ARCO) A1l right. Any --

-- ls a program Which We al1 support, and this would help it enormously .

PRESIDING OPFICER: (SENATOR D'ARCO) Any discussion? Senator Maitland.

Thank you -- thank you, Mr. President and Members of the Senate. I -- I rise in opposition once again. Worthwhile obviously, but simply the money is not there, and until additional revenue is forthcoming we ought not support an add-on. And I would ask for --

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Netsch --

-- a No vote and a roll call.

PRESIDING OPFICER: (SENATOR D'ARCO) Senator Netsch has moved the adoption of Amendment No. 8 to 92  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senate Bill 442. All those in favor vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wished? Have al1 voted who wished? Have a1l voted who wished? Take the record. On that question, there are 33 Ayes, 23 Nays, none voting Present. Amendment No. 8 is adopted. Any further amendments?

ACTING SECRETARY: (MR. MARRX) Amendmenk No. 9 offered by Senators Smith and del Valle. PRESIDING OFFICERI (SENATOR D'ARCO) Senator Smith. Amendment No. 9. de1 Valle. Senator del Valle, on Amendment No. 9.

Thank you, Mr. President. This amendnent provides tWo hundred and fifty thousand dollars from the Maternal Child and Hea1th Fund to fight infant mortality in the West Town area. As we knowg our State 's qoal has been to reduce the infant mortality rate to nine by 1990. We still have communities in the City of Chicago, poor areas, where the infant mortality rate is still 22.2 deaths per one thousand. This additional funding is necessary to really make a dent. move for its adoption. PRESIDING OFFICERI (SENATOR D'ARCO) Any discussion? Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. I guess for the very same reason, the money simply is not there, we cannot continue to do these things without additional money. And I would urqe opposition, and seek a roll call.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator del Valle's moved the adoption of Amendment No. 9 to Senate Bill 4-4-2. All those in favor vote Aye. Opposed, Nay . The voting is open. Have a11 voted who wished? Have a11 voted who wished? Have a11 voted Who wished? Take the record. On that question, there are 29 Ayes, 28 Nays, none voting Present. And 93  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senate Amendment No. 9 is adopted. Any further amendments?

ACTING SECRETARY: (MR. HAQRY) Amendment No. 10 offered by Senator Hall.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Hall.

Thank you, Mr. President. Calling a1l troops toqether. Calling all troops together. Get your fingers in motion. What I'd like to do ak this time is to present Amendment No. 10. This increases the Alzheimer's grant. It's only six hundred thousand dollars, and We really need this. I move for the adoption of this amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? Senator Maitland.

Thank you, Mr. President, Members of the Senate. A billion here and billion there, the first thing you know you dre talking about real money. I -- I rise in opposition, once again, Senator Hall. The money is not there. And would -- Would seek a No vote, and a roll call.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Hall has moved the adoption of Amendmenk No. 10 to Senate Bill 4-4-2. Al1 those in favor vote Aye. Opposed, Nay. The voting is open. Have al1 voted Who wished? Have all voted who wished? Have a11 voted who wished? Take the record. On that question, 30 Ayes, 28 Naysz none voting Present. Amendment No. 10 is adopked. Any further amendments? ACTING SECRETARY; . IMR. NAKRY) Amendment No. 11 offered by Senators J.J. Joyce and DeAngelis.

PRESIDING OFFICER: (SENATOR D'ARCO) - - Senator J.J. Joyce.

Thank you, Mr. President. This increases the hemophiliac line 94  r I STATE OP ILLINOIS l 86th CEHERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25# 1989 item by a million four hundred and sixty-one thousand dollars. PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, Senator Joyce has moved the adoption of Amendment No. 11 to Senate Bill 4-4-2. A11 those in favor, say Aye. Opposedg Nay. The Ayes have it. Amendment No. 11 is adopted. Any further amendments? ACTING SECRETARY: (MR. HAPRY) Amendment No. 12 offered by Senator Smith. PRESIDING OFFICERJ (SENATOR D'ARCO) Senator Smith. SENATOR SMITH: Thank you, Mr. President and Ladies and Gentlemen of the Senate. This amendment is a -- provides for -- 0h, God, I'm sorry, I got the wrong one. This amendment provides for a grant of one million seven hundred and fifty-khree thousand dollars for infant mortality thaE have increased ten percent. The grants are community network, prenatal systemw nutritional servicesy food supplies, and problem pregnancies. And these increases should help the Department reach their ''9 by '9019 goal. And this will serve across the entire State. This has been the cry of our Governor, and this is money, that we are allocating here, will help us to perfect our goal. I ask for your adoption. PRESIDING OFFICER: (SENATOR D'ARCO) Al1 right. Any discussion? Senator Maitland. SENATOR MAITLAND: Thank you. Mr. President and Members of the Senate. A question of the sponsor. PRESIDING OFFICER: (SENATOR D'ARCO) She indicates she will yield. SENATOR MAITLAND: Senator, I didn't get the dollar amount. I apologize. PRESIDING OFFICER: (SENATOR D'ARCO) 95  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25: 1989 Senator Smith.

Thank you. Itts merely one mîllion seven hundred and fifty-three thousand dollars. PRESIDING OFFICER: (SENATOR D'ARCOI Senator Maitland.

Mr. President, I -- I rise in opposition once again. For the very same reason) We simply don't have the money at tbis time. And would seek a No vote, and ask for a roll call.

PRESIDING OFPICER: (SENATOR D'ARCO) A11 right. Senator Smith has moved the adoption of Amendmenk No. 12 to Senate Bill 4-4-2. Al1 those in favore vote Aye. Opposed, Nay. The voting is open. Have al1 voted Who wish? Have a1l voted Who Wish? Have a11 voted wish? Take the record. On that questîon, there are 30 Ayes, 28 Nays: none votkng Present. Amendment No. 12 is adopted. Any further amendments?

ACTING SECRETARY: (MR. HAPRY) Amendment No. 13 offered by Senator Collins.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Collins.

Yes. Thank youy Mr. President and Members of the Senate. Amendment No. 13 is the total of two hundred and fifty thousand -- two hundred and -- it's two million five hundred thousand dollars for the infant mortality networks for grants for -- to -- for case findings. This is a very important amendment that will actually save the State of Illinois a lot of money, because if the staff is there to find the mothers, and to get them into recovery and prenatal care early, then the possibility is that these babies will not be born addicted. And I will move for its adoption.

PRESIDING OPFICER: (SENATOR D'ARCO) 96  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslatkve Day May 25, 1989 Senator Maitland.

Thank you, Mr. President: Members of the Senate. Questkon of the sponsor.

PRESIDING OFFICER: (SENATOR D'ARCO) She indicates she will yield.

Senator, is this the same purpose for Whkch the Department has requesked a granty from the Department of Substance -- Alcohol and Substance Abuse?

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Collins.

ïes.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Maitland.

So, why are we -- why are we -- why are we putting this in, if that money is coming from another -- possibly coming into the agency from another soutce?

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Collins.

Yeah. DASA does not directly give money to the infant mortality networks. So it still could come from DASA -- the Dmparement. The money comes Ehrough public Healeh. And -- and if we we need ko deal with that later, we can, but -- but this money 's already requested also.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Maitland.

Well. They requested from tbe feds an additional -- an amount 97  STATE OF ILLINOIS 86th GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 of money to be granted to the agency, and what you are doing is seeking additional revenue for the same purpose. Is that not correct?

PRESIDING OFFICER: (SENATOR D'ARCO) Senator collins.

The problem is DASA has no control over how Public Health is spending it's money through the grant item through the Infant Mortality Reduction Grant Program. And we -- We, the Legislature, has some control, and should have, over this budget wherein we cannot control what -- what they're doing wlth DASA. And even if we get federal dollars, we still need additional dollars, you know, unless we just want to be penny-wise and dollar-foolish around here. This --

PRESIDING OEPICER: (SENATOR D'ARCO) A1l right. Senator

-- this is a big savings.

PRESIDING OPFICER: (SENATOR DIARCO) Senator Maitland.

I -- I simply rise in opposition, and seek a roll call.

PRESIDING OPFICER: (SENATOR D'ARCO) Al1 riqht. Senator Collins moved the adoption of Amendment No. 13 to Senate Bill 442. All those in favor, vote Aye. Opposedz Nay. The voting is open. Have al1 voted who wish? Have a11 voted who Wished? Have a11 voted Who Wished? Take the record. On that question, there are 27 Ayes, 28 Nays, none votin: Present. Amendment No. 13 fails. Any further amendments? ACTING . SECRETARY: (MR. HAQRY) Amendment No. 14 offered by Senators Demuzio and Holmberg.

PRESIDING OPFICER: (SENATOR D'ARCO) 98  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senator Carroll, for What purpose do you arkse?

Thank you: Mr. President and Ladies and Gentlemen of the Senate. Point of personal privilege, tf I may. I have in the --

PRESIDING OFFICER: (SENATOR D'ARCO) StaEe your point.

Why, thank you. I hase in the gallery the 7th grade class from the Arie Crown Hebrew Day School, chaperoned by two of their teachers. I would like tbem to stand and be recognkzed.

PRESIDING OFFICER: (SENATOR D'ARCO) Will you please stand and be recoqnized by the Senate. Welcome to Springfield. Senator Demuzio.

Thank you, Mr. President --

PRESIDING OFFICER: (SENATOR DIARCO) One -- one secondz Senator Demuzio. Senator Dunn, for What purpose do you arise?

Thank you, Mr. President. Personal privilege.

PRESIDING OFFICER: (SENATOR D'ARCO) State your point.

Over here on the Democratic side is the Washington Grade School from Joliet, the 7th grade class. Please Welcome them .

PRESIDING OFFICER: (EENATOR D'ARCO) Would you please stand and be recognized by the Senate. Welcome to Sprlngfield. Senator Demuzio.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment No. 14 is an amendment that Would appropziate one million dollars out of GRP to fund community health centers. 99  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 In -- on 3rd readkng there's Senate Bill 1301, which is the bill khat was reported oue of the Public Health Committee that would divert the proceeds that are paid in by -- by domestic -- oh# I'm sorry -- by foreign insurance companies to a a number of different programmatic areas that we have established on this side. That is what is -- precisely what it is doing. It -- when thae bill, substantive bill, passes, then this money Will be necessary. I would move for the adoption of Amendment No. l4.

PRESIDING OFFICER: (SENATOR DIARCO) Any discussion? If nok, Senator Demuzio has moved the adoption of Senate Amendment 14 to Senate Bill 4-4-2. All ehose in favor, say Aye. All those opposeds Nay. The Ayes have it. Amendment No. 14 is adopted. Any further amendments?

ACTING SECRETARY: (MR. NADRY) Amendment No. 15 offered by Senator Kaktland.

PRESIDING OPEICER: (SENATOR D'ARCO) Senator Maitland.

Thank youw Mr. President. Need to Withdraw that amendment.

PRESIDING OPFICER: (SENATOR D'ARCO) Senaee No. -- Amendment No. 15 is withdrawn. Amendment No. 15.

ACTING SECRETARY: (MR. HAQRY) Amendnent No. l5, by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator DeAngelàs. Withdraw Amendment No. 15. Any further amendments?

ACTING SECRETARY: (MR. HAKRY) Amendment No. 15 offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Maitland.

l00  1 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Thank you very much, Mr. President and Members of the Senate. Amendment No. 15 restores the funding for tbe six new positions for the implementation of OBRA mandates, and restores funding for the clinical labs and the blood -- blood bank lump sum. I would seek your support.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, Senator Maitland moves the adoption of Amendment No. l5. All those in favor, say Aye. Opposed, Nay. The Ayes have it. Amendment No. 15 is adopted. Any further amendments?

ACTING SECRETARY: (MR. NANRY) No further amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Reading. Senate Bill 4-4-3. Senator Fawell. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HADRV) Senate Bill 443. (Secretary reads title of bill) 2nd Reading of Ehe bill. No committee amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) Any Floor amendments?

ACTING SECRETARY: (MR. HAPRY) Amendment No. l offered by Senator Hall.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Hall. SENATOR HALL; Thank youz Mr. President and Ladies and Gentlemen of the Senate. Amendment No. 1 reduces the COLA, increased to the Governor's approved level. Five hundred and twenty-three thousand dollars. I move for the adoption of the Amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, Senator Hall's moved the adoption of l0l  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE QRANSCRIPT 36th Leskslative Day May 25# 1989 Amendment -- Senator Maitland.

Thank you, Mr. President, Members of the Senate. Senator Hall, is this the federal funds amendment? ... tinaudiblel...reducing

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Hall.

Just just just one moment. It's GRF, Senator Maitland.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Maikland. ...(pause)... Senator Hall.

I -- I'm in error; it's federal.

PRESIDING OFFICSR: (SENATOR D'ARCO) Senator Maitland.

COLAS is federal funds.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Maitland.

Mr. President, I would -- would simply say to Senator Hall, the amendment that Wedll have, that follows, will make a bigger reduction and the Department has said that is our -- our figures are accurate and correct, and -- and perhaps we ought to go with our amendment that will follow.

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Senator Hall. Senator Hall moves to adopt Amendment No. l to Senate --

Hold -- hold it -- hold -- hold it -- hold it.

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Hall.

102  STATE OF ILLINOIS 86th GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25y 1989 Just -- just one moment here now. --

PRESIDING OFFICER: (SENATOR D'ARCO) You want to --

Thank you, Mr. President. Move for the adoption of the amendment. PRESIDING OFFICER) (SENATOR D'ARCO) A1l right. Senator Watson. Your light is on, Senator Watson. A11 right. Senator Hall moves the -- Roves to adopt Amendment No . to Senate Bill 4-4-3. Al1 those in favor, vote all -- a1l those in favor, say Aye. Opposedr Nay. The Ayes have Amendment No. l is adopted. Any further amendmenks?

ACTING SECRETARY: (MR. WAKRY) Amendmenk No. 2 offered by Senator Hall.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This imposes a one percent productivity improvement factor. And I move for the adoption. It's twenty-eight thousand dollars.

PRESIDING OPPICER: (SENATOR D'ARCO) Al1 right. Any discussion? Senator Maitland.

Thank you, Mr. President. I rise in opposition: and seek a roll call.

PRESIDING OFFICER: (SENATOR D'ARCO) A1l right. Senator Hall moves the adoption of Amendment No. to Senate Bill 4-4-3. Al1 those in favor vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wished? Have a1l voted who wished? Have a1l voted Who wished? Have a1l voted who wished? Take the record. On that question, there are 26 Ayes, 28 Nays, none 103  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 votin: Present. And Amendment No. 2 fails. Any further amendments?

ACTING SECRETARY: (MR. NAKRY) Amendment No. 3 offered by Senator Hall.

PRESIDING OFFICER: (SENATOR DIARCO) Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment No. 3 freezes spending at FY'89 level for other operations. It's ninety-four thousand dollars. I move for the adoption of this amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) Al1 right. Any discussion? Senator Maitland.

Thank you, Mr. President and Members of the Senate. Senator -- Senator Hall, our -- our figures suggest to us khat we are taking out rent for space that we 've already moved into, and thatês going to be an obligation. And thought perhaps you might want to Wait and get to our amendment that I -- we believe is more accurate.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Eall.

Well, Senator Maitland, I appreciate What you said, but I don't think welre doin: that. So, I'm going to pursue, and ask for the adoption of this amendment.

PRESIDING OFPICER: (SENATOR D'ARCO) All right. senator Hall moves the adoption of Amendment No. 3 to Senate Bill 4-4-3. All those in favor: vote Aye. Opposedz Nay . The voting is open. Have a11 voted Who wished? Have a11 voted Who Wished? Have a11 voted Who wished? Take the record. On that question, there are 29 -- 29 Ayes, 28 Nays, none voting Present. Amendment No. 3 is adopted. Any further amendments?

ACTING SECRETARY: (MR. NAQRY) 104  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25e 1989 ! Amendment No. 4 offered by Senator Rock. PRESIDINGOFFICER: (SENATOR D'ARCO) h Senator Demuzio, for what purpose do you arise?

Just wanted to let the record reflect that on Amendment No. 2, the productivity, I intended to vote No and hit my switch wrong.

PRESIDING OFFICER: (SENATOR D'ARCO) Let the record so reflect. Senator Rock, on Amendment No. 4.

Thank you, Mr. President, Ladies and Gentlemen of the Senake. I'm sure youlve a1l in the past couple of days been visited by those who are concerned wkth the Centers foz Independent Livkng. Theydre nonresidential in nature. And they are a resource and advocacy center for people with disabilities. And frankly, the demand for services a11 across khis State, across the fourteen centers, has grown enormously. This Would add one million additional dollars to that program, and would appropriate the money according to a populakion base and -- and some base amount for each of the fourteen centers. It is an admitted add-on of one million dollars. I have already spoken With the Governor about it. I expect his ultimate approval, and I would ask yours. I would move the adoption of Amendment No. 4.

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. Senator Rockg I -- I praise that program. It's an excellent program. But once again, rise in opposition. I don't believe the money is there, and until We have the -- the tax revenue to deal with i*y I think we oughk to oppose it. Would seek a roll call.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Rock moves the adoption of Amendment No. 4 l05  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25, 1989 to Senate Bill 4-4-3. A1l those in favor, vote Aye. Opposede Nay. The voting is open. Have al1 voted who wished? Have all voted Who wished? Have a11 voted who wished? Take the record. On that question, there are 29 Ayes -- 30 Ayes, 22 Nays, none voting Present. And Amendment No. 4 is adopted. Any further amendments?

ACTING SECRETARX: (MR. HADRY) Amendment No. 5 offered by Senator Carroll.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Carroll. Senator Carroll. Senator Welch.

I think this --

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Rock, for what purpose do you arise?

A mistake.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Welch.

Thank you, Mr. President. This particular item was testified about in the committee hearing that we held. It's a reduction of kwo million twenty-seven thousand dollars. It was a federal payback which the Department is trying to get to repay money which may not be due this year, may be due in a future year. We would like to hold off on that, and I would move adoption of this amendment.

PRESIDING OFFICER: (SENATOR DIARCO) Any discussion? If not, Senator Welch moves the adoption of Amendment No. -- Senator Maitland.

Yes, simply, to -- to rise strongly in opposition, Senator: to this amendment, and would seek a roll call vote. ! 1

PRESIDING OFFICER: (SENATOR D'ARCO) 106  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislakive Day May 25, 1989 Al1 right. Senator Welch moves the adoption of Amendment No. 5 to Senate Bill 4-4-3. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have al1 voted Who wished? Have all voted who wished? Have all voted who wished? Take the record. On tha: queskion, there 28 Ayes, 27 Nays, none voting Present. Amendment No. 5 is adopted. Any further amendments?

ACTING SECRETARY: (MR. HAKRY) Amendment No. 6 offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR DIARCO) Senator Maitland.

Thank you very much, Mr. President, Members of the Senate . Amendment No. 6 to Senate Bill 443 reduces -- reduces by one hundred and tbirty thousand, and the Ieductions are made in the in khe following areas: it reduces the overbudget of salary increases for GFR -- GRF employees in the amount of twelve thousand five hundred; eliminates new home services offices to be opened at an unidentified location, in the amount of fifty-two thousand; reduces the personal services lines at ISD and ISVI by eliminatlng overbudget of salary increases over kime to ten percent increases over FY'89, and that's in the amount of fifty-nine thousand two hundred dollars; and then reduce, correspondingly, the social security and retirement in the amount of five thousand seven hundred dollars. I would move for the adoption.

PRESIDING OFFICER: (SENATOR D'ARCO) Al1 right. Senator Demuzio.

Well, I'm -- I'm surprised, Senator Maitland, that you are attempting now to take money out of the Illinois School for the Visually Impaired. You are attempting to take money out of the Illinois School for the Deaf. It just seems to me that you have l07  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 made an arqument jusk a few minutes aqo with respect to - as remember, Senator Schaffer, talking about - in the Department of Mental Health budget. I don 't know why We want to hurt these people. As a matter of fact, Mr. President, would ask you if whether or not this amendment trackse and whether or not it's in order.

PRESIDING OFFICER: (SENATOR D'ARCO) Do we have the amendment? ...tmachine cutoffl... The parliamentarian has informed me that the amendment does not trackg and it is out of order. Any further amendments?

ACTING SECRETARY: (MR. HAQRV) Amendment No. 7 offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. Amendment No. to Senate Bill 443 adds back two million twenty-seven thousand seven hundred dollars in GRF for transfer to khe Vocational Rehabilitation Fund, to provide the Department with khe funding necessary to match the federal program funding. This line was eliminated by an earlier amendment, and its absence obviously would threaten the liability of DORS federal program. I wobld move for the adoption.

PRESIDING OFPICER: (SENATOR D'ARCO) Any discussion? Senator Fawell.

Thank you very much. I hope everybody is listening to what in khe world is going on. These are -- we've -- if wedre going to get the matching funds, the only Way We can come up is with the money is -- is to vote for this amendment. Nowe this is really beinq sort of penny-wise and pound-foolish. would really stronqly suggest that al1 of us vote for this amendment. l08  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989

PRESIDING OPFICER: (SENATOR D'ARCO) All right. Senator Welch.

Thank you: Mr. President. We just voked to take the same amount of money out of the budget. And one of the reasons for doing that is that there has been no final audit to determine how much may be owed to the federal government. We just don't know. They want to build up a fund just in case it equals this amount. The kestimony by this Director in committee was that they don'E have a final figure. They think kt mkght be this amount, and they're not really sure when iE's qoinq to be payable. don't think we should go putting money away in this Department pending something that may or may not happen. I think that we should vote aqainst this amendnent.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator -- Senator Maitland.

Well, thank you, Mr. President. Just to close, Senator Welch. I think we're talking about tWo different issues. This has nothing to do wieh that issue at all. That's a supplemental issue thatdll take place down the road sometime. We -- We -- that's the way we understand it. This is a totally different issue, and -- and ought not to be treated that way. 1, once agaln, would move for the adoption.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Fawell. SENATOR FAWELL; Thank you. Since it's my bill, I'd like to close. And -- and what Senator Maitland said is exactly right. You know, I went in to this with the -- with the Department. There is a question on how much we owe. You are -- you are right. But this money, if we don't come up With it, is -- is -- is not going to be matched by l09  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 the -- wedre not going to get the federal funding. And wedre just throwing it away, and I think that's pretty dumb.

PRESIDING OPFICER: (SENATOR D'ARCO) A1l right. Senator Maitland has moved the adoption of Amendment No. 7 to Senate Bill 4-4-3. All those in favor vote Aye. Opposed, Nay. The voting is open. Have all voted Who wished? Have all voted who wished? Have a11 voted who Wished? Take the record. On thak question, there are 42 Ayes, 11 Nays, none votin: Present. And Amendment No. 7 is adopted. Any further amendments?

ACTING SECRETARY: (MR. HAKRX) No further amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Reading. Senate Bill 4-6-1. Senator Carroll. 4-5-1? A11 riqht. Senate Bill 4-5-1. Senator DeAngelis. Senator DeAngelis. Senate Bill 4-5-1. Senator...lmachine cutoffl... END OF TAPB TAPE 3

ACTING SECRETARY: (MR. NKQRY) Senate Bill 451. (Secretary reads title of bill) 2nd Readin: of the bill. No committee amendments.

PRESIDING OPFICER: (SENATOR D'ARCO) Any Floor amendments?

ACTING SECRETARY: (MR. NAQRY) Amendment No. 1 offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator DeAngelis. SENATOR DeANGELIS: . ll0  STATE OF ILLINOIS 86th GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 I Thank you, Mr. President. Floor Amendment No. l just corrects khe misspelling of the word ''preceding.'' I urge its adoption.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, Senator DeAngelis moves the adoption of Amendment No. 1. A11 those in favor Say Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted. Any further amendments?

ACTING SECRETARY: (MR. HAQRY) Amendment No. 2 offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR D'ARCO) Senakor DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. I'd like to withdraw Amendment No . 2.

PRESIDING OFFICER: (SENATOR D'ARCO) Amendment No. 2 is withdrawn. Any further amendments?

ACTING SECRETARX: (MR. RANRY) Amendment No. 2 offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. What this amendment does, and I don't want to go too much into the bill, but it essentially eakes down the amount of the set-aside, and also insures that in khat set-aside takeout that we are not, in fact, taking any part of the sales tax that belongs to khe municipals. I urge its adoption.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Netsch.

Thank you, Mr. President. The amendment in a sense -- Well it's not technical; it's substantive. But What it does do is to say that if there is to be a withdrawal of sales tax revenue for the State Tourism Advertising Fund, which is the subject matter of l1l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 the basic bill, should come out only of that portion of the State sales tax which is attributable to the State. In other Words, it protects local governments from having their share of the new uniform sales tax, which begins in 1990, in effect siphoned off. I probably object to the underlyin: bill. I'm not sure we ought to start siphoninq off any more sales tax for special funds. But I think Senator DeAngelis is absolutely correct, that if the basic bill is soing to be enacted, this amendment is very important to make sure that our local governments are protected.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator DeAngelis moves the adoption of Amendment No . -- No. Any -- Senator DeAngelis. SENATOR DeANGELIS: Well, I would like to have Senakor Netsch be shown as a co-sponsor on the amendment, but in opposition to the bill.

PRESIDING OFFICER: (SENATOR D'ARCO) Let the record so reflect. Senator DeAngelis moves the adoptlon of Amendment No. 2 to Senate Bill 451. A11 those in favor say Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is adopted. Any further amendments?

ACTING SECRETARY: (MR. HAK/Y) No further amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Reading. Senate Bill 4-6-1. SenaEor Carroll. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HAKPY) Senate Bill 461. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations I offers one amendment.

PRESIDING OFFICER: (SENATOR DIARCO) l12  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25g 1989 Senator Carroll, on Committee Amendment 1.

Thank you, Mr. Presidentz Ladies and Gentlemen of the Senate. Committee Amendment No. took the monies as identified by the Comptroller to be surpluses in the GRF feeder funds: and transfers them into General Revenue Funds. Would move its adoption.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is one of those situations where there is a difference of opinion between what is surplus and what is not. And I -- I would urge the defeat of this amendment because the -- both those people Who pay into the Dram Shop Pund, and also the Fire Prevention Fund, the Traffie and Criminal Conviction Surcharge Pund, al1 of them say that these are not surplus dollars - they should not be transferred. So that I ask for the defeat of this amendment, and request a roll call, Mr. President.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Carroll moves the adoption of Committee Amendment No. l to Senate Bk1l 461. Al1 in favory vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wished? Have all voked who wished? Have all voted Who wished? Take the record. On that question, there are 30 Ayes, 28 Nays, none voting Present. And Committee Amendment No. l is adopted. Any further committee amendments?

ACTING SECRETARY: (MR. NADRY) No further committee amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) Any Floor amendments?

ACTING SECRETARY: (MR. HARRY) No Floor amendments. 113  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Reading. Senate Bill 462. Senator Carroll. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. NAKRY) Senate Bill 462. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) Any Floor amendments?

ACTING SECRETARY: (MR. HAKRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Reading . Senate Blll 4-6-3. Senator Hall. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. NAQRY) Senate Bill 463. (Secretary reads title of bill) 2nd Readinq of the bill. The Committee on Appropriations 11 offers six amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Hall.

Thank you, Mr. President. I'd like to Table all those amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Hall moves to Table Committee Amendments 3, 4, and 6. Al1 those in favor, say Aye. Opposede Nay. The Ayes have ik. Committee Amendments 1: 2, 3, 4, 5 and 6 are Tabled. Any Floor amendments?

ACTING SECRETARY: (MR. HARRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 1l4  I STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 3rd Reading. Strike that. Any Ploor amendnents?

ACTING SECRETARX: (MR. HADRX) No Floor amendments, Mr. President.

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Readinq. 4-8-2. Senator Jones. Senator Jones. Senate Bill 4-8-2. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HADRX) Senate Bill 482. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) Any Floor amendments?

ACTING SECRETARY: (MR. HAQRY) Amendment No. l offered by Senator Jones.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Jones.

Yeah. Thank youy Mr. President, Members of the -- of the Senate. Amendment -- Ploor Amendment No. l to Senate Bill 482 is the rewrite of the Structural Engineering Licensing Act, and it's an agreed amendment between the Department and the Profession. And I know of no opposition. I move its adoption.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Jones moved the adoption of Floor Amendment No. l to Senate Bill 4-8-2. All those in favor, say Aye. Opposedy Nay. The Ayes have it. Amendment No. l is adopted. Any furkher Ploor amendments?

ACTING SECRETARY: (MR. NAKRY) No further amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Reading. 4-9-1. Senator Maitland. Senator Maitland. 4-9-1. Read the bill, Mr. Secretary. l15  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 1

ACTING SECRETARY: (MR. NANRY) Senate Bill 491. (Secretary reads title of bill) 2nd Reading of the bill. No commietee amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) Any Floor amendments?

ACTING SECRETARY: (MR. HAKRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Reading. Senate Bill 505. Senator Marovitz. Read the bill, Mr. Secretary.

KCTING SECRETARY: (MR. HANRX) Senate Bill 505. (Secrekary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary offers one amendment.

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. Amendment No. 3, I think, to Senate Bill 505 is one that was requested by Senators Carroll and Senator Hawkinson, and creates the good faith exception for relatives. And I would ask for its adoption.

PRESIDING OFFICER: (SENATOR D'ARCO) All riqht. Senator Barkhausen? No.

PRESIDING OFFICER: (SENATOR D'ARCO) SenaEor Marovitz moves Ehe adoption -- Senator Marovikz moves the adoption of Committee Amendment No. 1 to Senate Bill 505. All those in favor, say Aye. Opposed, Nay. The Ayes have it. Amendment No . l is adopted. Any further committee amendments? ACTING SECRETARY: (MR. HARRY) ' ll6  STATE OF ILLINOIS 86th GENERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989 No further committee amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) Any Floor amendments?

ACTING SECRETARY: (MR. HAQRY) Amendment No. 2 offered by Senator Marovitz.

PRESIDING OFFICER: (SENATOR D'ARCQ) Senator Marovitz.

Well, perhaps wedre getking these -- I believe the amendment that I just explained is tbat amendment. Maybez if the Secretary could bring me a copy of the amendment, just explained the Floor amendment, which was the good faith excepeion.

PRESIDING OFFICER: (SENATOR DIARCO) Senator Marovitz. Senator Marovitz.

Yeah . Mr. President, maybe we can get this straight. No, don't want to take it out of the record. The Amendment --

PRESIDING OFFICER: (SENATOR D'ARCO) I didn't ask you to.

- - that was adopted was -- Was the committee amendment. Is that correct?

PRESIDING OFFICER: (SENATOR D'ARCO) Yes. That's correct.

But -- but the amendment which I just explained was the Floor amendment, so in fairness to the Body: I ouqht to explain what -- if you adopted -- did you adopt Amendment No. 1?

PRESIDING OFFICER: (SENATOR DIARCO) Why -- why don't you explain the Ploor Amendment as if --

The Floor amendment -- 1l7  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OPPICER: (SENATOR D'ARCO) - - it were the committee amendment.

Oh. Okay. That's a qood idea. Why don't I do that?

PRESIDING OFFICER: (SENATOR D'ARCO) Go ahead.

The Floor amendment, as if it were the committee amendment, makes technical and stylistic changes, and adds definitions of deception and intimidation as requested by a11 parties in the committee. And I would ask for its adoption.

PRESIDING OFFICER: (SENATOR D1ARèO) A11 right. Senator Marovitz move the adoption of Floor Amendment No. 1 to Senate Bill 505. Any discussion? If noty al1 in favor, say Aye. Opposed, Nay. The Ayes have it. Amendment No. 1 is adopted 2 So Amendment No. 2 is adopted. Any further amendments?

ACTING SECRETARX: (MR. NAKRY) Amendment No. 3 offered by Senator Marovitz.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Marovitz.

This amendment inserts two words in it that were inadvertently left out. I ask for the adoption.

PRESIDING OFFICER: (SENATOR D'ARCO) A11 righk. Senator Marovitz moves adoption of Amendment No. 3. Any discussion? If not, a11 in favorg say Aye. Opposed, Nay. The Ayes have it. Amendment No. 3 is adopted. Any further amendments?

ACTING SZCRETARY: (MR. KAQRY) No further amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Reading. There 's a fiscal note on 536 and 537. 543. ll8  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989 Senatox Etheteige, for what purpose do you arkse?

There is a fiscal note on 537, Mr. President. However, it's been filed. I received a copy of it yesterday.

PRESIDING OFPICER: (SENATOR D'ARCO) We -- we don't have it in our possession, Senator Etheredge. And as soon as We do, we'll get back to it. Senate Bill 543. Senator Brookins. Read the bill, Mr. Secretary.

ACTING SECRETARV: (MR. HAQRY) Senate Bill 543. (Secretary reads title of bill). 2nd reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) Any floor amendmenks?

ACTING SECRETARY: (MR. WADRY) Amendment No. l offered by Senator Rock.

PRESIDING OPFICER: (SENATOR D'ARCO) Senator Rock.

Thank youy Mr. President and Ladies and Gentlemen of the Senate. Amendment No. l to Senate Bill 543 would take this concept that Senator Keats and others are so concerned about for the County of Cook and extend If it is a good idea for Cookg it ought ko be a good idea then for Kaney...DeKalb, Kendall, Dupage, Lake and McHenry Counties. And that's a1l the amendment does. IE divides those judicial circuiEs inko subdistricts, and I would move the adoption of Amendment No. 1.

PRESIDING OFFICER: (SENATOR D'ARCOI) Al1 right, any discussion? Senator Keats.

Thank you, Mr. President and Ladies and Gentlemen of the senate. And Senator Rock,...I...I appreciate you introducing this l19  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25y 1989 amendment, because it perfectly proves the reason that we need this bill to pass. :he rest of Illinois already has Senate Bill 543. The legislation Without this amendment is simply bringing Cook County into sync with the rest of Illinois. Let me give you an example. Circuit judqes, and the numbers I'm giving you are from as recently as Pebruary 27, 1989. #ou can't get much more recent numbers. Cook County has three hundred and eighty-one circuik court judges, according to the Supreme Court at that point, about forty-eight percent of the judges in the state. The rest of the State of Illinois has four hundred and seventeen circuit court judges, about fifty-two percent. Let me put that in perspective. In Cook County...in Cook County , with thisa..eoncept, you have one judge per fourteen thousand eight hundred and thirty people. Downstate you...

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Rock, for What purpose do you arise? SENATOR R0CK: A point of order. I don't mind the gentleman quoting statistics, but I would wish he'd be accurate. There are a hundred and seventy-seven judges in the County of Cook, representing twenty-nine thousand six hundred people.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Keats.

(machine cutoffl...Rock: you know youdre inaccurate: because you're leavinq ouE the associate justices. The majority of the judges kn Cook County are assockates, my frkend: and you and I both know it. In fact, in Cook County you have a hundred and seventy-seven...total circuit, a hundred and eighty-two associate, and tWenty-two additional. Why, I1m quotlnq the exact same remarks for the judges upstate and downstate, so we can't say we're playin: with the numbers. l20 => STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 PRESIDING OFFICER: (SENATOR D'ARCO) Al1 right. Senator Rock. SENATOR R0CK: Well, you are certainly playing with the numbers, because wedre talking about those who are subject to popular election. So you've got a hundred and seventy-seven in Cook, representing twenty-nine thousand six hundred and seventy-nine people. As a matter of fact, in Dupage you've only got ten, and they represent skxty-fkve thousand people each. So thïs amendment is certainly applicable...should be applicable to Dupage. In Lake and McHenry, you 9ot one judge for every thizty-five thousand people, so your arqument frankly falls of its own weiqht. PRESIDING OFPICER: (SENATOR D'ARCO) Senator Keats. SENATOR KEATS: might be left with the micropbone, Senator Rock. You know you're misleading it, because you know the reason we have associates ine..in Cook County is to circumvent the electoral process. You know We know it. Fifty-nine Senators know thak. Now, if you vant to play wiEh those numbers, 1911 give you your own numbers right back to you. Total circuit judges in the state - three hundred and eighty-nine, two twelve downstate, one seventy-sevens Cook County. The reason you have a disproportionate number of associates is so you don't have to face the electoral process. So you can continue to control them, and conEinue to thwart the will of the electorate of Cook County. That's your.o.you may do it if you wish. But if you don't mind, let me finish with the microphone. If you add the total number of circuit court judges in cook County, you would have one for every fourteen thousand eight hundred and thirty people. IE you take the total number of...of circuit court judges downstate, you have one for every thirteen thousand, seven hundred ninety. Let me 121  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 tell you the difference. In Cook County, though, it's one circuit. In downstate, it is twenty-one circuits. So you have twenty-one circuits downstate that have roughly the same number of judges as one in Cook County. So What I would say to you is your amendment perfectly proves why Senate Bill 543 is so necessary. Ik is so that we allow Cook County to have the same type of fair representation that the rest of the State of Illinois is given. I would appreciate a No vote on this amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, this bill is identical to the one that I had sponsored in the 85th General Assembly, Senate 3il1 44, which, of course, died in Executive. What this does is divide the.o.cook County into the fifteen districts, I believe it is, and I think it's fair. At the present time, you elect a hundred and seventy-seven judges in Cook County. The ballot is...is a real bedsheet ballot. People don't even know who the heck theydre votkng for.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Lechowicz, for what purpose do you arise?

A point of order, Mr. President.

PRESIDING OFFICER: (SENATOR D'ARCO) State...state your point.

The lady is not addressing her remarks to the amendment. She is addressing it to the bill, and I hope shedll confine her remarks to the amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) Adeline, will you.s.l'm sorry. Senator Geo-Karis.

l22  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Mr. Lechowicz, I will address my remarks to the amendment right now. The amendment.o.wants to destroy this bill. We don'k need to be divided any more tban we are in the other counties of the State, and you must remember that you have as Many associate judges as you want, fine. I'm not condemning you for that, but take a look at your ballot. ...What this amendnent wi11 do is give it the rest of the State. We don't need it. This.n this bill, 543, without this amendment, is the answer to the so-called merit selection of judges by a little committee. So think abouk it, Ladies and Gentlemen. I think it's fair representation to leave the bill as it is and vote against this amendmenk.

PRESIDING OFFICER: (SENATOR D'ARCO) All right, Senator Rock to close.

Well, thank you, Kr. Preskdent and Ladkes and Gentlemen of the Senate. I was a little surprised When We had the roll call the other night on the motion in writing to discharge this committee, and I was frankly a little surprised that Senators Keats and Karpiel and Philip and Schaffer and Etheredqe and Fawell and Friedland and Geo-Karis were a11 so concerned abouk the County of Cook. What I'm affording you now ls an opportuniky to show that same concern for your own counties, and I would move the adoption of Amendment No. 1.

PRESIDING OFFICER: (SENATOR D'ARCO) A1l right. Senator Rock has moved the adoption of Amendment No. 1 to Senate Bill 543. A11 Ehose in favor voEe Aye. All Ehose opposed vote Nay. The voting is open. Have a11 voted who wished? Have al1 voted Who Wished? Have a11 voted who wkshed? Have all voted who wished? Take the record. On that questionr there are 26 Ayes, 20...32 Nays, none voting Present, and Amendment No. l fails. Any further amendments?

ACTING SECRETARY: (MR. HANRY) l23 UN STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Amendment No. 2 offered by Senators Brookins and Keats. PRESIDSNG OFFICER: (SENATOR D'ARCO) Senakors Brookins. SENATOR BROOKINS: Thank you#...Mr. President. What this amendment does is ik...changes includes that those will be eighteen appellate...appellate subdistricts in the election of these appellate and circuit judges. I move for the adoption of this amendment. PRESIDING OFFICER: (SENATOR DIARCO) All right. Any discussion? If notz Senakor Brookins moves adoption of Amendment No. 2 to Senate Bill 543. Al1 khose in favor say Aye. Opposed Nay. Roll call. All those in favor vote Aye. Opposed Nay. The voting is open. Have all voted who Wished? Have a1l voted who wished? Rave all voted who Wksh? Take the record. On that question, there are 32 Ayes: 22 Nays, none voting Present. Amendment No. 2 is adopted. Any further amendments? ACTING SECRETARY: (MR. KAQRY) No further amendments. PRESIDING OFFICER: (SENATOR D'ARCO) 3rd reading. Do we have leave of khe Body to return to Senate Bill 536 and 537? We are informed that a fiscal note has been filed. Hearing no objection, leave is granted. Senator Maitland. Senate Bill 536. Read the billr Mr. Secretary. ACTING SECRETARY: (MR. NAQRY) Senate Bill 536. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDING OFFICER: (SENATQR DVARCO) Any Floor amendments? KCTING SECRETARY: (MR. MAQRY) l24  STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989 No Floor amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Reading. Senate Bill 537. Senator Etheredge. Read khe bill, Mr. Secretary.

ACTING SECRETARY: (MR. EARRY) Senate Bi1l 537. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDINC OFFICER: (SENATOR D'ARCO) Any Ploor amendments?

ACTING SECRETARY: (MR. HAppY) No Floor amendments.

PRESIDING OFFICER: (SENATOR D'ARCO) 3rd Reading. Senate Bill 607. Senator Holmberg. Senator Holmberg. 607. Senate Bill 616. Senator Collins. Read the bill, Mr. Secretary. a..lmachine cutoff)...616. All rlght. Welll -- we'll :et back to it. We can't find it. 630. Senator Weleh. Senate Bill -- Read the billy Mr. Secretary. Do we have 630? All right. We found 616. Senator Collins. Senate Bill 616.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 616. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive offers one amendment.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Collins.

Xes. Thank you. This amendment was Worked out with DCCA to bring that program in conformity with the procedures that they use for similar type programsz and to provide for a method of recoupinq the -- the monies after the person is ready to -- to vacate the lease or terminate the apartment. And I would move for 125  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins has moved the adoption of Committee -- Committee Amendment No. l to Senate Bi11 6-6 6-1-6. Is khere discussion? If not, those in favor, indicate by sayinq Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. l is adopted. Furkher committee amendments?

ACTING SECRETARX: (MR. HAKRY) No further committee amendments.

PRESIDING OFFICER: (SENATOR DEMDZIO) Any amendments from the Floor?

ACTING SECRETARY: (MR. RARRY) No Ploor amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bills 2nd Reading is Senate Bill 6-3-0. Mr. Secretaryz read the bill, please.

ACTING SECRETARY: (MR. NAQRY) Senate Bill 630. (Secretary reads tïtle of bill) 2nd Readinq of khe bill. The Committee on Energy and Environment offers one amendmenE.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

I think committee amendment was already adoptedy and we -- Could we come back to this?

PRESIDING QFFICER: (SENATOR DEMUZIO) Senator, apparently we started to adopt khe amendment and we took it out of the reeord. Do you want -- do you Want to come back to it? A1l right. Commitkee amendments. Commlteee Amendment No. 1.

ACTING SECRETARY: (MR. BARRX) 126  STATE OF ILLINOIS 86th CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Committee Amendment No. 1.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

I would move to Table Committee Amendment No. 1.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch has moved to Table Committee Amendment No. 1. Those in favor of Tabling Amendment No. l -- Committee Amendment No. l indicate by sayinq Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. 1 is Tabled. Further committee amendments?

ACTING SECRETARX: (MR. NAQRY) No further committee amendments.

PRESIDING OPPICER: (SENATOR DEMUZIO) Amendments from the Floor? ACTING SECRETARXJ (MR. HAKRY) Amendment No. 2 offered by Senator Dudycz.

PRESIDING OPFICER: (SENATOR DEMDZIO) Senakor Dudycz.

Thank you: Mr. President. Can the Secretary read the LRB number on No. 2?

ACTING SECRETARY: (MR. NAPRY) 8600l33EGcbam02.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Dudycz.

Thank you, Mr. President. ehis amendment -- Since Senate Bill 630 imposes a tax on -- on most plastic containers, my amendment says simply that such a StaEe tax Would preempt local governments, including home rule units, from tmposing a similar tax. Now the rationale for this amendment is that currenkly the City of Chicago is conEidertng: at this timez a similar tax: and I do not believe l27  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 that we wish to have the businesses and the people of Chicago take a double hit.

PRESIDING OPFICER: (SENATOR DEMDZIO) Al1 right. Senator Dudycz has -- Senator Dudycz has moved the adoptîon of Amendment No. 2. Is there discussion? Senator Welch.

Yes. Mr. President. What this amendment is attempting to do is to take Alderman Ed Burke's proposal in khe City Council of Chicago, and it looks to me like he's trying to eliminate the possibility of that bill noving forward -- that ordinance. I would oppose this. If a home rule -- if a municipality wishes to enter into some sort of tax in effect carryknq out the -- the purposes of a bill we passed last year for the County Waste Management Program which also applies to the City of Chicago, this amendment would totally derail that proqram. What this amendment would do would be to say to these seventeen or eighteen groups meeting trying eo formulate a waste management plan khat ''Hey, you can't talk about plastics, because we've just taken tbis out of the record''. I think this amendment should be defeated. That each county and the City of Chicago why they work on wasee management programs should be allowed to do whatever they vane to do. If they want -- if part of their settlement and agreement to take care of thekr Waste is to place some sort of a tax on any type of container, I don't think we sbould intervene in that at this poink in time. Perhaps sometime in the future, but I don't think this is the point to do so. And would move that we oppose Ehis amendment.

PRESIDING OFPICER: (SENATOR DEMUZIO) All right. Further discussion? If not, Senator Dudycz may close. Senator Dudycz moves the adoption of Amendment No. 2 to Senate Bill 6-3-0. Those in favor Will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted Who Wish? Have 128  STATC OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 a11 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 35, the Nays are 20. Amendment No. 2 is adopted. Further amendments?

ACTING SECRETARY: (MR. NAPRY) Amendment No. 3 offered by Senator Welch.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. What this amendment will do is change the Act totally. Instead of imposing a five-cent kax to bèqin with, whak this amendment does is requires that if the recycling -- if the plastic industry has not met some targets thak they have talked about setting themselves - and that is fifteen percent recycling by October 1st of 1992 and twenty-five percent by 1995 - in that case, there would be a tax i' mposed. The tax would begin in 1992 if those targets are not met. The reason for this amendment is that other types of containers, aluminum and glass, have reaehed those targets and are already there. The -- the plastic industry has asked for some time, and what this amendment will do is give them the Eime that they have asked for. I Would ask for adoption of this amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Senator Welch has moved the adoption of Amendnent No. 2. Those in favor will indicate by -- I'm sorry. Amendment No. 3. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Amendment No. -- Al1 right. Are you joined by five Members, Senator? ïeah. I guess you are. What are there names? Senator Welch has moved the adoption of Amendment No. 3 to Senate Bill 630. Those in favor will voke Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have al1 voted who wish? Take khe record . On that question, the Ayes are 3lz the Nays are 23y l voting Present. l29  STATE OF ILLINOIS 86th GENDRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Amendment No. 3 is adopted. Further amendments?

ACTING SECRETARY: (MR. HANNY) Amendment No. 4 offered by Senator Dudycz.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Thank you, Mr. President. Amendment No. 4 -- Sincez as amended: Senate Bàll 630 imposes an advance disposal feeg which still is really a tax on most plastic containers, my amendment says that such a State fee or tax would preempt local governments, including home rule unitsy from imposing a similar fee or tax. Again, the same rationale for this amendment is that the City of Chicago is currently considering similar leqislation, and I do not believe that any of us here in the Senate Wish for the businesses or the people of Chicago to :et -- to get taxed twice.

PRESIDING OFFICER: (SENATOR DZMUZIO) Senator Dudycz has moved khe adoption of Amendment No. Is there discussion? If not, those in favor Will indicate by saying Aye. Opposed' Nay. The Ayes have it. Amendment No. 4 is adopted. Further amendments? ACTING SECRETARYZ (MR. NAPQY) Amendment No. 5 offered by Senator Welch.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. Senator Welch.

Thank you, Mr. President. This is basically a elarifying amendment suggested by the Legislative Reference Bureau. I would move for its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Welch has moved adoption of Amendment No. Discussion? Senator Dudycz. SENATOR DUDYCZ) 130  STATE OF ILLINOIS 86th GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 I'm sorryy Mr. President, but I havenlt seen this anendment. Has it been distributed? Could you, please, at least clarify it? What --

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

-- it in fact does.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Welch.

A11 right. It's basically technical in nature. What it does is, as to the annual determination by Energy and Natural Resources that they are required to make of What percentage of plastic containers are beinq recycled in the State. It deletes the requirement the study divide the containers into four different categories.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Welch has moved the adoption of Amendment No. 5. Those in favor will indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Amendment No. 5 is adopted. Further amendments?

ACTING SECRETARV: (MR. HAQRV) No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 661. Senator Joyce. 662. Senator Thomas Dunn. On the Order of Senate Bills 2nd Reading, bottom of Page 3, Senate B:ll 6-6-2. Mr. Secretarye read the bill.

ACTING SECRETARY: (MR. HAKRY) Senate Bkll 662. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations offers one amendment.

PRESIDING OFFIQER: (SENATOR DEMUZIO) l3l  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 . Senator Dunn.

Thank you, Mr. President. This amendment would lower the appropriation down to one hundred thousand dollars. And I urqe adoption of the committee amendment. !

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn has moved the adoption of Committee Amendment No. l to Senate Bill 662. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. 1 is adopked. Further committee amendments?

ACTING SECRETARY: (MR. HAQRY) No further committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

ACTING SECRETARY: (MR. NANRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 672. Senator Dunn. On the Order of Senate Bills 2nd Reading is Senate Bill 672, Mr. Secretary.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 672. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

ACTING SECRETARX: (MR. HAQRX) Amendment No. l offered by Senaeor Dunn.

PRESIDING OFPICER: (SENATOR DEMJZIO) Senator Dunn. ! SENATOR T . DUNN: I Thank you, Mr. President. This amendment is requested by I l32  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 Enrolling and Engrossing, and is purely technical.

PRESIDING OFFICER: (SENATOR DEMUZIQ) Senator Dunn has moved the adoption of...tmachine cutoffla.oof Anendment No. 1 to Senate Bill 672. Those -- Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l ts adopted. Further amendments?

ACTING SECRETARY: (MR. NANRY) No further amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Reading. Senator Raica, for What purpose do you arise? Next bill. Okay. Top of Page 4, Senate Bill 674, Mr. Seeretary. -- I beg your pardon. Senator Raica.

Yeah. Mr. President and Ladies and Gentlemen of the Senate, I'm thinking No on this one. I want to Table the bill.

PRESIDING OFPICER: (SENATOR DEMUZIQ) Al1 right. Senator Raica seeks -- has moved to Table Senate Bill 6-7-4. is always in order. Those in favor indicaee by saying Aye. Opposed, Nay. The Ayes have it. 6-7-4 is Tabled. 728. On the Order of Senate Bills 2nd Reading is Senate Bill 728. Mr. Secretary, read the bl11, please.

ACTING SECRETARY: (MR. HADRY) Senate Bill 728. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations I offers one amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amendment Would do as we had done to the other offices of State government, încludîng constitutkonal offîcers, îs to provkde 133  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, :989 those type of guidelines that will help us secure additional dollars for *he needed proqrams we are trying to fund. This would reduce or eliminate several of the long-term vacancies, bring the COLA in line, and phase in new positions reducin: the other operatin: lines to their 1989 spendkng level. I would move its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll's noved the adoption of Committee Amendment No. Is there discussion? If not, those in favor will indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. 1 is adopted. Further committee amendments? ACTING SECRETARYZ (MR. HANRY) No further committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Amendments from the Floor?

ACTING SECRETARX: (MR. HAKRY) Amendment No. 2 offered by Senator Carroll.

PRESIDING OEFICER: (SENATOR DEMUZIO) Senator Carroll.

I would seek leave ko Withdraw that amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll seeks leave to withdraw Amendment No. 1 <sic>. It is -- Leave is granted. Amendment No. 1 <sicl is withdrawn. Further amendments?

ACTING SECRETARY: (MR. NAKRY) Amendment No. 2 offered by Senator Etheredqe.

PRESIDING OFPICER: (SBNATOR DEMUZIQ) Senator Etheredge.

Yes. Mr. President, I konder if we eould ask the Secretary to cheek the number on khat amendment. There's an amendment which l34  STATE OF ILLINOIS 86th GENERAL ASSEMALX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 wish to wkthdraw.

PRESIDING OPFICER: (SENATOR DEMUZIO) Mr. Secretary, you want to read the number.

ACTING SECRETARX: (MR. NAARY) 5RA8650728sk.

Yes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Senator Etheredge seeks leave to Withdraw . Further amendments?

ACTING SECRETARX: (MR. NAKRY) Amendment No. 2 offered by Senator Etheredqe.

PRESIDIXG OPFICER: (SENATOR DEMDZIO) Senator Etheredqe.

Ploor Amendment No. 2, Mr. President and Members, represents a further reduction in operations for khe State Treasurer in the amount of approximately two hundred and seventy-seven thousand dollars. Now that reduction i: achieved by reducing out-of-state travel to the PY989 expenditure levels. It reduces commodities to the FY189 expenditure levels. It reduces EDP thirty-one thousand four hundred and eighty-four dollars, those are -- that represent reductions in equipment purchases, reduces the operation of automobile equipment to the FX'89 expenditure levels, reduces contractual services sixty-five thousand five hundred dollars in order to eliminate public relatirns contracts and Eo eliminate some contract increases. I would move for Ehe adoption of this amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Etheredge has moved the adoption of Amendment No. 2. Discussion? Senator Carroll.

l35  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25# 1989 Thank you, Mr. President, Ladies and Gentlemen of khe Senate. rise in opposition to this amendment. The amendment we had already adopted treated the Office of the Treasurer more severely than we treated the Office of the Governor and other offices, by providing the same type of guidelines that other operations of government -- this would go even deeper than khat. I don't think it's Cair to treat this constitutional officer different than others. We had already brought thekr levels Gogn to basically last year's operating level, and I think this is an attempt to be punitive on behalf of the other side. I Would rise in opposition to the amendment.

PRESIDING OFPICER: (SENATOR DCMUZIO) A1l right. Further discussion? Senator Etheredge may close.

Thank you. I -- It -- it is true that the reductions Which are proposed by this amendment are greater than have been offered on some of the other offices, but I would point out that the reason for that is that this budget came in a lot fatter than any of the others. I Would move for the adoption of the amendment.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Etheredge --

And I would request a roll call, Mr. President.

PRESIDINC OFPICER: (SENATOR DEMUZIO) Senator Etheredge has Roved the adoption of Amendment No. 2. Those in favor will vote Aye. Those opposed: Nay. The voting is open. Have all voted who wish? Have all voted Who wish? Have a1l voted who wish? Have a1l voted who wish? Have al1 voted Who wish? Have a11 voted who wksh? Take the record. On that question, the Ayes are 31, the Nays are 28. Amendment No. 2 is -- is adopted. Further amendments?

ACTING SECRETARY: (MR. HANRY) 136  STATZ OP ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 36th Legkslatkve Day May 25, 1989 No further amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Readknq. Senate Bk11 736, Kr. Secretary. On the Order of Senate Bills 2nd Reading is Senate Bill 736. Read the bill, please.

ACTING SECRETARY: (MR. NANRX) Senate Bill 736. (Secretary reads tltle of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMDZIO) Any amendments from the Ploor?

ACTING SECRETARY: (MR. NANRX) No Floor anendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Readlng. Senate Bill 752. Senator Schuneman. Still has a fiscal note. 781. Senator Rea. On the Order of Senate Bills 2nd Readlng is Senate Bill 7-8-1. Mr. Secretary, read the bill.

ACTING SECRETARY: (MR. NAQRY) Senate Bill 781. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) Any amendments from the Ploor?

ACTING SECRETARX: (MR. HADRV) No Floor amendments.

PRESIDING OFZICER: (SENATOR DEMUZIO) 3rd Readinq. 783. Senator Hall. Sitting on the Order of Order of Senate Bills 2nd Reading is Senate Bill 7-8-3. Mr. Secretary, read the bill, please. ACTING SZCRETARY) (MR. NAKRX) Senate Bill 783. (Secretary reads title of bill) l37  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 2nd Reading of the bill. No committee amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) Any amendments from the Floor?

ACTING SECRETARX: (MR. NANRY) No Floor amendments.

PRESIDING OFPICER: (SENATOR DEMDZIO) 3rd Reading. Senate 3ill 784. Senator Topinka. On the Order of Senate Bills 2nd Reading is Senate Bill 7-8-4. Mr. Secretary, read the bill, please.

ACTING SECRETARY: (MR. HANRY) Senate Bill 784. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments fron the Floor?

ACTING SECRETARY: (MR. NANRY) No Floor amendments.

PRCSIDING OFFICER: (SENATOR DEMDZIO) 3rd Reading. 821. Senator Netsch. 0n the Order of Senate Bills -- 886. Senator Berman. 944. Senator Barkhausen. 0n the Order of Senate Bills 2nd Reading is Senate Bill 944, Mr. Seeretary.

ACTING SECRETARX: (MR. NANRY) Senate Bill 944. (Secretary reads title of bill) 2nd Reading of the bill. No commiktee amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) Any amendments from the Floor?

ACTING SECRETARY: (MR. NARRY) No Floor amendments.

PRESIDING OFPICER: (SENATOR DEMDZIO) 3rd Reading. Senator Schuneman, for what purpose do you l38  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 arise?

Thank youz Mr. President. We passed 7 -- Senate Bill 752, and I think you made -- mention of the fact that the fiscal note had been filed. The fiscal note has been withdrawn. I'd like to move that to 3rd Reading if we could.

PRESIDING OPFICER: (SENATOR DEMUZIO) Well. Why don't you send your staff person down here and -- and if it's wikhdrawn wefll come back and pick it up, rather than delaying. Okay? Just -- further *- a1l riqht. Let's let's see. 3rd Reading. 945. Senator Fawell. On the Order of Senate Bills 2nd Reading is Senate Bill 945. Mr. Seerekary, read the bill.

ACTING SCCRETARY: (MR. NADRY) Senate Bill 945. (Seeretary reads title of bkll) 2nd Reading of the bill. No committee amendments. PRESIDING OPFICER) (SENATOR DEMUZIO) Amendments from the Floor?

ACTING SECRETARY: (MR. NADRV) Amendment No. 1 offered by Senator Fawell.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Fawell. SENATOR PAWELLI Thank you -- thank you very much. This is a technical amendment.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Pawell has moved the adoptkon of Amendment No . to Senate Bill 945. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted. Further amendments?

KCTING SECRETARX: (MR. HKQRX) 139  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989 No furthez amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senaee Bill 1040 -- 1053. Senator Savickas. On the Order of Senate Bills 2nd Reading is Senate Bill 1053. Mr. Secretary, read the bill.

ACTING SECRETARY: (MR. NANRY) Senate Bill 1053. (Secretary reads title of bil1) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

ACTING SECRETARV: (MR. NApRï) No Floor amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Readinq. On the Order of -- let's -- with leave of the Bodyz wedll qo back up and piek up Senate Bill 752. The fiscal note: in fact, has been withdrawn. Senate Bills 2nd Readingp Senate Bill 752, Mr. Secretary.

ACTING SECRETARY: (MR. NADRY) Senate Bill 752. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICCR: (SENATOR DEMUZIO) Any amendments from the Floor?

ACTING SECRETARY: (MR. NAKRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR DEMDZIO) 3rd Reading. Senate Bills 3rd Reading is Senate Bill 1071. Senate Bill 1090. Senator Vadalabene. On the Order of Senate Bills 2nd Reading is Senate Bill 1-0-9-0, Mr. Secretary .

ACTING SECRETARY: (MR. HAQRY) Senate Bill 1090. l40  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE QRANSCRIPT 36th Legislative Day May 25, 1989 (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

ACTING SECRETARY: (MR. HAKRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1091. Senator Maitland. Do you wish to have 1091 called? Senator Maitland. Well...tpauselo..There is a fiscal note. I%m glad you called tbat to my attention. Page 1139. On the Order of Senate Bills 2nd Reading is Senate Bill 1139. Mr. Secretary, read the bill.

ACTING SECRETARY: (MR. HAKRY) Senate Bk1l 1139. lsecretary reads tktle of bil1) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

ACTING SECRETARY: (MR. NAKRV) No rloor amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1145. Senate Bill 1164. Senator Carroll. On the Order of Senate Bills 2nd Reading is Senate Bill 1164. Mr. Secretary, read the bill.

ACTING SECRETARY: (MR. NADRY) Senate Bill 1164. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

ACTING SECRETARY: (MR. HADRY) No Floor amendments. l4l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislatize Day May 25, 1989

PRESIDING OEFICER: (SENATOR DEMDZIO) 3rd Reading. 1166. Senator Carroll. On the Order of Senate Bills 2nd Readingg Senate Bill 1166. Mr. Secretary: read the bill.

ACTING SECRETARY: (MR. HAKRY) Sepate Bkll 1166. (Seeretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator...tpausel..psenator Severns. Any Ploor amendments?

ACTING SECRETARY: (MR. NADRY) Amendment No. l offered by Senators Severns and Carroll.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Severns.

Thank you, Mr. President, Members of the Senate. Amendment No. l simply reduces personal service -- services raises from five percent to four percent, put the savings to GRF to two hundred and ninety-seven thousand nine hundred dollars. I would move for its adoption.

PRESIDING OPPICER: (SENKTOR DEKDZIG) Senator Severns has moved the adoption of Amendment -- Amendment No. 1. Is there discussion? Senator Etheredge. SENATOR ETHEREDGEI Senator, I jusk want to clarify the -- what your -- your amendment just does this one -- makes the one reduction in in the personnel line items, two ninety-seven, did I understand?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Severns. Severnsg please.

Floor Amendment No. 1 does that. We do have a second Floor amendment with an additkonal measuze. l42  STATE OP ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATC TRANSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OFPICER: (SENATOR LECHOWICZ) Lady moves the adoption of amendment. All in favorz signify by saying Aye. Opposed. Amendment's adopted. Any further amendments? Any further amendments?

ACTING SECRETARX: (MR. HAKRY) Amendment No. 2 offered by Senator Carroll.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll.

Thank you, Mr. President, Ladieu and Gentlemen of the Senate. This Would phase in the vacancies, three-month phasing. I would move iks adoption.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll. hny discusskon? Question is, shall Amendment No. 2 be adopted. A11 in favor signify by saying Aye. Opposed. Amendment No. 2's adopted. Any further amendments? ACTING SECRETARY) (MR. HAKRY) Amendment No. 3 offered by Senakar Ekheredge.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Etheredge.

May I ask, Mr. Presidentg the -- and the Secretary, is this an amendment that makes a reduction of nine hundred and five thousand dollars?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Carroll.

It's his amendment.

PRESIDING OFPICER: (SENATOR LECHOWICZ) You asking me? Let me look at the amendment, please. Let's read him the numbery that's a lot easier.

ACTING SECRETARY: (MR. HADRY) l43  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENAQE TRANSCRIPT 36*h Legislative Day May 25, 1989 SRA86S1166JJbqam0l.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Does that answer your question, Senator Etheredge?

Yes it does. Would you please withdraw that amendment?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Withdraw it. Fine. Any further amendments?

ACTING SECRETARY: (MR. HARRX) Amendment No. 3 offered by Senator Etheredge.

PRESIDING QPPICER: (SENATOR LECHOWICZ) Senator Etheredge.

Thank you, Mr. President: Ladies and Gentlemen of the Senate. This amendmenk makes a further reduetion of four hundred and seven thousand dollars in the personnel services line and related line items to eliminate long-term vacancies rather than phasing them, and reduces raises to the three-and-a-half-percent level, rather than four percent. I would move for its adoption.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of khe Senate. I do rise in opposition to this amendment. While I recoqnize that consistency may be the hobgoblin of a small mind, yesterday, Senator Etheredge effectively argued that in the area of merit compensation three and a half percent was not fair, because thaE diG not take into account that which AFSCME gets, and step raises and longevity raises, et cetera. That's why he convinced us to go to the four-percent level. This Would violate that Which he suggested yesterday when dealing with Republican offices. I think it is totally improper to try and be partisan in dealing with the budget. would urge opposition to this amendment. l44  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is# shall this amendment be adopted. All in favor, vote Aye. A1l opposed, vote Nay. Senator Etheredgee to close.

Yes. Thank you very much. I -- I would like the opportunity to close. I would request a favorable roll call on this amendment. And I Would ask for the roll call, Mr. President.

PRESIDING OFFICER: (SENATOR LECHOWICZ) You can have it. Question is, shall Amendment No. 4 or is it 3 3 be adopted. Al1 in favor, vote Aye. All opposed, vote Nay. Voting's open. Have all voted who wish? Have a11 voted who wish? Have all voted who wish? Come on. Jake. Jake. Vote No. Have a1l voted who wish? The other one, too. Have a1l voted who wish? Clerk Will take the record. On this question, there are 29 Ayes, 29 Nays. Amendment lost. Any further amendments? ACTING SECRETARY) (MR. KAQRX) No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Readkng. Gentleman from Cook, Senator Kelly. What purpose do you seek recoqnition?

Mr. President, wedve got some guests in our audience on the Democratic side, Prairie-Htlls School Districk from Markham , Illinois, in the gallery. And would ask that they be recognized.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Sure. Would you please stand and be recognized by the Senate. Welcome to Springfield. Senate Bill 1187. Senate Bill 1177. Senator Kustra. Read the bill.

ACTING SECRETARY: (MR. NAKRX) Senate Bill 1177. (Secretary reads title of bill) l45  STATE OF ILLINOIS 86th GENZRAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SCNATOR LECHQWICZ) Any amendments from the Floor?

ACTING SECRETARY: (MR. HAQRY) No Floor amendments. PRESIDING OFFICERt (SENATOR LECHOWICZ) 3rd Reading. 1180. Senator Barkhausen. Read the bill.

ACTING SECRETARY: (MR. NAKRY) Senate Bill 1180. (Seeretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments fron the Ploor?

ACTING SECRETARY: (MR. HAQNY) No Floor amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. 1187. Senator Etheredge. Read the bill. ACTING SSCRETARY; (MR. HAQRY) Senate Bill 1187. (Secretary reads title of bi11) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments from the Floor?

ACTING SECRETARY: (MR. HAKRX) No Floor amendmenes.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. 1188. Senator Etheredge. Read the bill.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1188. (Secretary reads title of bil1) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) l46  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989 Any amendments from the Floor?

ACTING SECRETARY: (MR. HADRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. 1189. Etheredge. Read the bill, please.

ACTING SECRETARY: (MR. HAKQY) Senate Bill 1189. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR.LECHOWICZ) Any amendments from the Floor?

ACTING SECRETARY: (MR. NAPRY) No Floor amendments.

PRESIDING OPFICER: (SENATOR LECHOWICZ) 3rd Reading. 1190. Senator Etheredqe. Read the bill.

ACTING SECRETARY: (MR. NADRY) Senate Bill 1190. (Secretary reads title of bill) No commitkee -- 2nd Reading of the bill. No committee amendments.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Any anendments from the Ploor?

ACTING SECRETARX: (MR. NADRX) No Floor amendments. PRESIDING OPPICERZ (SENATOR LECHOWICZ) 3rd Reading. 1191. Senator Maitland. One moment. Senator Etheredgee what purpose do you arise?

Amendment been filed on 1190.

PAESIDING OFFICER: (SENATOR LECHOWICZ) ...Let's back it up. We'll go back to 1190.

ACTING SECRETARX: (MR. NRDRY) Amendmenk No. l offered by Senator Etheredge. 147  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRAMSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Etheredge, on Amendment No.

Thank you very much --

PRESZDING OFFICER: (SENATOR LECHOWICZ) Correct the board, please. Pardon me. 1190. Thank you. Please proceed, sir.

No. No. The board is still -- Okay. Thank you, Mr. President, Ladies and Gentlemen of the Senate. The -- Floor Amendment No. l to Senate Bill 1190 deletes everything after the enacting clause and inserts eighteen million dollars for the Illinoia Sports Facilities Pund for the corporake purposes of the Illinois Sports Facilities Authority. This becomes, in effect, the -- the Piscal Year '90 budget for the Sports Facilities Authority. ''d be happy to respond to any questions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Amendment No. l be adopted. A1l in favor signify be saying Aye. Opposed. Amendment No. 11s adopted. Any further amendments?

ACTING SECRETARX: (MR. NADRX) No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. 1191. Senator Maitland. Maitland. Read the bill. Read the bill, please.

ACTING SECRETARY: (MR. NAQRY) Senate Bill 1191. (Secretary reads title of bill) 2nd Reading of the bill. No committee anendments.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Any amendments from the Floor?

ACTING SECRETARY: (MR. WANRY) l48  STATZ 0F ILLINOIS ' 86th GENEPAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 I No Floor amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. 1192. Senakor Maitland. Read the bill.

ACTING SECRETARY: (MR. RARRY) Senate Bill 1192. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Amendments from the Floor?

ACTING SECRETARY: (MR. KAQRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Readinq. 1193. Maitland. Read the bill.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 1193. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFEICER: (SENATOR LECHOWICZ) Any amendments from khe Ploor?

ACTIXG SECRETARX: (MR. HAKRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Readinq. 1194. Senator Maitland. Read the bill.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 1194. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments from the Floor?

KCTING SECRETARY: (MR. NKRRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) l49  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 I 3rd Reading. Thank you. 1282. Senator Joyce. Read the I bill. I i I ACTING SECRETARV: (MR.HANRX) j Senate Bill 1282. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Energy and Environment offers one amendment.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce, Amendment No. 1.

Thank youz Mr. President. I would move Eo Table Amendment No. 1.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman moves to Table Amendment No. 1. Al1 in favor, signify by saying Aye. Opposed. Amendment No. l's Tabled. Any further amendments? ACTING SECRETARY: (MR. HARRVI Amendment No. 2 offered by Senator Dudycz. PRESIDING OEFICERt (SENKTOR LECHQWICZ) Senator Dudycz, Amendment No. 2.

Thank you, Mr. President. Members of the Senate, since Senate Bill 1282 is a bottle bill, it imposes a deposit charge plus a five-cent tax and a handling charge. My amendment would preempt the local governments, including home rule unitsz from imposing similar charges. The rationale for this amendmeat on Selate Bkll 1282 is very 'similar to the amendment on Senator Welch's bill, which we voted on earlier. It's Senate :111 630. We -- currently, the City of Chicago is considering a -- a very similar tax,and I 1 ' don't think that any of us in the Senate wish to have the j ' businesses or khe people of Chicago get taxed twice on khis. And I . seek your favorable support. 15Q  STATE OF ILLINOIS 86th GEXERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OFFICER: (SENATOR LCCHOWICZ) Any discussion? Senator Joyce.

Yes, thank you. A question of the sponsor of the amendment. What you're trying to do is prevent -- if this bill passes -- prevent the City of Chicaqo or any other home rule unit from imposing a Eax of their own?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dudycz.

No, Senator Joyce. The purpose of -- of this amendment is so thak the taxpayers and the businesses in the City of Chkcago are not taxed twice for the same thing.

PRESIDING OFFICKR: (SENATOR LECEQWICZ) Senator Joyce.

Well. I think that's what I asked you. If -- if your amendment goes on, and if this bill passes, then you are saying that you Would not -- the City of Chicaqo could not impose another tax?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dudycz.

I -- I don't know if you understood my answer, Senator Joyce. What I would like for -- to protect the taxpayers from paying the same kax twice, whether it's the State and the City.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dudycz.

Yes. Yes. Yes. Yes.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Finally, yes. Senator Joyce.

l5l  STATE 0F ILLINOIS 86th GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT j 36th L egislative Day May 25# 1989 Yes. Thank you. Al1 right. If thatfs what youbre trying to do, I don 't think your amendment does it. Your amendment says t'the General Assembly -- Assembly hereby declares that the power to impose a tax upon the sale of beverages in beverage containers shall be exercised exclusively by this Stateo'' Now that would tell me khat any municipality in this State that has a tax right now, you would strip that off. PRESIDING OFPICER: (SENATOR LECSOWICZ) Tsk. Tsk. Senator Dudycz. SENATOR DUDYCZ: Could you repeat that, please? I didn't understand your explanation, Senator. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator -- Why don't we -- Senator Joyce. SENATOR J.J. JOYCE: Let me repeat -- PRESIDING OFFICER: (SENATOR LECHOWICZ) Well would you explain... SENATOR J.J. JOYCE: ïeah. I -- I just read your -- your amendment to you, is what I did. And -- and what it says is that you're going to take off any tax that's already there in any municipality Ehat's home rule. Now if you want to do that: I -- I just don't think you do. PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Dudycz. SENATOR DUDYCZ: You tre correct. You read the amendment, but you interpreted it -- the interpretation Was purely yours. Doesn't say anywhere about takin: any tax off; it says about imposing taxes, Senator Joyce. PRESIDING OFFICER: (SENATOR LECHOWICZ) I think we better have our staff look at this. Senator Joyce. SENATOR J.J. JOYCE: l52 I  STATE OF ILLINOIS 86th GENERAL RSSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 It pïohibits a tax from being there.

PRESIDING OFPICER: (SENATOR LECHOWICZ) I think he's right, Walter. Senator Dudycz.

Roll call. Let's :o. Let's roll call.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

Well, Mr. President, I -- I -- I think that he -- the sponsor is not doing a very good job of explaining this. If -- if youdre going to take the tax off of every municipality that's taxed -- currently taxinq beverage in beverage containers, I think you're kalking about probably a tremendous loss to a lok of municipalities in -- in this State, and a properEy tax increase probably, to make that up.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Carroll.

Thank you, Mr. President. Question of the sponsor.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indieates helll yield.

Senakor Dudycz, if, for example: currently a municipaliky had a sales tax on a beverage that you bought at a fast foods restaurant - a coke - and you're paying sales tax on it, this would say that that would no longer be lawful, so that We would lose the sales tax revenues in al1 the municipalities throughout this State. And do you have any methodology, assuming that's true, of replacing that, or would you impose that burden upon the real estate taxpayers?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dudycz. ! l53  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989

Mr. Presidenty may I wikhdraw this amendment and possibly go back to it later?

PRESIDING OFPICER: (SENATOR LECHOWICZ) I think it's a good idea.

Okay .

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman asks leave to Withdraw. The amendment's withdrawn. Any further amendments?

ACTING SECRETARV: (MR. HAKRY) Amendment No. 2 offered by Senator Jerome Joyce. PRESIDING OFFICERI (SENATOR LECHOWICZ) Senator Joyce.

Thank you, Mr. President. This amendment Would 1et recycling centers act as redemption centers or processing centers. It would also let retailers keep three percent of the tax they rollect as -- as an administrative fee. And it also would include Wine coolers in Ehe definition of beverage. I'd ask for its adoption.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Amendment No. 2 be adopted. All in favor, signify by saying Aye. Opposed. Amendment No. 2's adopted. Any further amendments?

ACTING SECRETARY: (MR. HAKPY) Amendment No. 3 offered by Senator Joyce.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

mo/e to wkthdra? that amendment.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman has leave to withdraw. Any further amendments? 154  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

ACTING SECRETARY: (MR. NANRY) No further amendments. PRESIDING OFFICER) (SENATOR LECHOWICZ) 3rd Reading. 1283. Senator Welch. Read the bill. ACTING SECRETARX: (MR. EARRY) : Senate Bill 1283. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations I offers one anendment.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.

Thank you, Mr. President. I believe that amendment added tWo towns to the list of -- of towns. I'm sorry. I'm -- That's not correct. What --

PRESIDING OFFICER: (SENATOR LECHOWICZ) No.

- - kt did was added estimated shortfall in funding for seventy-two communities of twenty-eight million two hundred thousand dollars.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Correct. Any discussion? Question isz shall Amendment No. 1 be adopted. Al1 in favor signify by saying Aye. Opposed. Amendment No. 1's adopted. Any further amendments?

ACTING SECRETARY: (MR. HAKRY) Amendment No. 2 offered by the committee.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.

Thank youg Mr. President. What Amendment No. 2 does - adds thirty-five communities that were not on the original 155  STATE 0F ILLINOIS 86th GENERAL ASSEMALY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Environmental Protection Agency list for wastewater treatment. It's a forty-eight million dollar amendment. I Would move for . I adoption of the amendment.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Amendment No. 2 be ! adopted. A11 in favor, siqnify by saying Aye. Opposed. Amendment j No. 2's adopted. Any further amendments? ;

ACTING SECRETARY: (MR. NAKRY) No further committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments from the Floor?

ACTING SECRETARY: (MR. NAQRY) No Floor amendments.

PRESIDING OPPICER: (SENATOR LECHOWICZ) 3rd Reading. Page 6 of the Calendar. 1289, Senator Jones. Read the bill.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 1289. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDING OFFICER: (SENATOR LECHOWICZ) i I Anyamendments from theFloor? (

ACTING SECRETARY: (MR. NAQRY) Amendment No. l offered by Senator Jones.

PRESIDING OPFICER: (SENATOR LECHOWICZ) senator Jones.

Yeah, thank you, Mr. President and Members of the Senate. I I This amendment represents an agreement worked out between the l Interior Designers and Architects and Home...Buildersr and it I I delineates the duties and the actions carried out by Interior i Desiqners, and I move its adoption. l56  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question isz shall Amendment No. be adopted? A11... The gentleman from Champaignr Senator Weaverr on the amendmenk.

Thank you, Mr. President. Senator Jones, may I ask is this an agreement between the licensing board of the Architectures and khe Interior Designers?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Jones.

That is correct.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Queskion is, shall AmendmenE No. 1 be adopted. All in favor signify by saying Aye. Opposed. Amendment No. 1 is adopted. Any further amendments?

ACTING SECRETARY: (MR. NAPRY) No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. 1318. Senator Woodyard. 1318 has I think there 's about three amendments over there. Let's -- Read the bill.

ACTING SECRETARX: (MR. HAQRY) Senate Bill 1318. (Secrekary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments from the Ploor?

ACTING SECRETARX: (MR. HAKRY) Amendment No. 1 offered by Senator Topknka.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka. Withdraw?

l57  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25, 1989 ! Yes. Mr. President: I would like to Withdraw my amendment. PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady asks leave to withdraw her amendment. Any further amendments? ACTING SECRETARX: (MR. WADRY) Amendment No. 1 offered by Senator Fawell. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell, on 1318. You want to withdraw that amendment? SENATOR FAWELL: I wish to withdraw that amendment. PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady has leave to Withdraw the amendment? Hearin: no objection, amendment's withdrawn. Any further amendments? ACTING SECRETARY: (MR. HAKRY) Amendment No. l offered by Senator Philip. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Philip, Amendment No. 1. SENATOR PHILIP: Thank you, Mr. President and Ladies and Gentlemen of the Senate. It's a five-cent increase on cigarette tax. It raises about forty-six million. I move the adoption of Amendment No. 1. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Amendment No. l be adopted. All in favor, signify by saying Aye -- Aye. Opposed. Amendment No. l's adopted. Any further amendments? ACTING SECRETARY: (MR. HAKRY) No further amendments. PRESIDING OPPICER: (SENATOR LECEOWICZ) 3rd Reading. 1326. Senator Schaffer. Schaffer. 1332. Senator Watson. What purpose the Lady from Cook, Senator Topinka, seek recognition? SENATOR TOPINKA : l58  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAK SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Yes. If Senator Schaffer is not here, as his joint sponsor, I'd be happy to move the bill to 3rd.

PRESIDING OFFICER: (SENATOR LECHOWICZ) A1l right. Letls get back to 1326. Read the bill.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 1326. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments from the Floor?

ACTING SECRETARY: (MR. HANNY) No Floor amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. 1332. Senator Watson. Read the bill.

ACTING SECRETARY: (MR. NAQRV) Senate Bill 1332. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments from the Ploor?

ACTING SECRETARY: (MR. NAQRY) Amendment No. l offered by Senators Watson, Netsch: Mahar and Etheredge.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Could We have your attention, please? Thank you. Senator Watson, Amendment No. 1.

Yes, sir. Thank you: Mr. President. Amendment No. 1 is the Steroid Control Act. The amendment nakes some changes in regard to the penalties for possession and distribution of anabolic steroids. I move for its adoption.

PRESIDING OFFICER: (SENATOR LECHOWICZ) l59  STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Any discussion? Question is, shall Amendment No. 1 be adopted. All in favor, signify by saying Aye. Opposed. Amendment No. l's adopted. Any further amendments?

ACTING SECRETARY: (MR. HAQRY) No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. 1333. Senator Kustra. Read the bill.

ACTING SECRETARY: (MR. NAQRY) Senate Bill 1333. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments from the Floor?

ACTING SECRETARY: (MR. NAQRY) No Ploor amendments.

PRESIDING OPPICER: (SENATOR LECHOWICZ) 3rd Reading. 1350. Senator Kustra. Read the bill.

ACTING SECRETARV: (MR. NAQRV) Senate Bill 1350. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments from the Floor?

ACTING SECRETARY: (MR. HAKRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. 1383. Senator Marovitz. Billy. Pass. 1454. Senator Rock. Back to Page Last chance. Senate Bill ll. Senakor Jones. Read the bill. Read the bill. Senate Bill ll.

ACTING SECRETARY: (MR. HANRY) Senate Bill 1l. (Secretary reads title of bill) l60  STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendnents from the Floor?

ACTING SECRETARY: (MR. HAKRY) No Floor anendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. Is Senator Jacobs around? Senate Bill 3l. Senator -- Senator Rock. Read the -- out of the record . Senate Bill 69. Senator D'Arco. D'Azco. Out of the record. Senate Bill 96. Senator Jones. Read the bill.

ACTING SECRETARX: (MR. HADRY) Senate Bill 96. (Secretary reads title of bill) 2nd Reading of *he bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments from the Floor?

ACTING SECRETARY: (MR. WAKRY) Amendment No. l offered by Senator Jones.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senakor Jones.

Yes. Thank you, Mr. President and Members of the Senate. Amendment -- Floor Amendment No. l to Senate Bill 96 is the -- is the bill. And amends various acts relating to health profession and use of the evidence for it, and I move its adoption.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Amendment No. be adopted. A11 in favor, signify by sayinq Aye. Ilm sorry. Senator Schuneman, on the amendment.

I'm sorry. We haven't seen this amendment. Could you --

PRESIDING OFFICER: (SENATOR LECHOWICZ) l6l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senator Jones, explain the amendment.

-- explain, please, what it is?

ïes. Thank you: Mr. President. This is -- the amendment is the amendment of Senator Dudycz, Senate Bi11 1005, which did not have a hearing, and so this is what the amendment is - the bill in its entirety - the Evidence Pund Bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

Well, I -- I don't know What that bill didy Senator. Could you bring me up to speed?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones.

Yes. This is a Departnent bill as relate to the use of the Evidence Fund - Department of -- of Professional Regulakion. assume that you would --

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Schuneman.

If -- if that's what the -- the anendment does, we have no objection.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall Amendment No. be adopted. Al1 in favor, signify by saying Aye. Opposed. Amendment No. l's adopted. Any further amendments?

ACTING SECRETARY: (MR. WAQRY) No further amendments.

PRESIDING OPFICER: (SENATOR LECHOWICZ) 3rd Reading. Senate Bill 97. Senator Jones. Read the bill. l62  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Leqkslative Day May 25, 1989

ACTING SECRETARY: (MR. HAKKV) Senate Bkll 97. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments from the Floor?

ACTING SECRETARY: (MR. NAKRX) No Floor amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. Senate Bill 128. Senator Jones. Read the bill.

ACTING SECRETARY: (MR. WAQRV) Senate Bill 128. tsecretary reads title of bkll) 2nd Reading of the bill. No committee amendments.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any amendments from the Floor?

ACTING SECRETARY: (MR. HAPRY) Amendment No. l offered by Senators Jacobs and Macdonald.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jacobs.

Thank you, Mr. Chairman, Ladies and Gentlemen of the Senate. This amendment becomes the bill. It increases charitable contributions by the tracks. It imposes reasonable limits on track's ability to withhold its simulcast signals from parlors of other tracks: and allows Quad City Downs to locate one of its parlors in Chicago. ask for your approval.

PRESIDING OFFICER: (SZNATOR LCCHOWICZ) Any discussion? Senator Schuneman.

Never mind.

PRESIDING OFFICER: (SENATOR LECHOWICZ) l63  STATE QF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Question is, shall Amendment No. l be adopted. A11 in favory signify by saying Aye. Aye. Opposed. Amendment No. l's adopted. Any further amendments?

ACTING SECRETARY: (MR. NAPRY) No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. Senate Bill 160. Senator Luft. Okay. Senate Bill 242. Senator Joyce. Out of the record. 266. Senator Marovitz. 306. What was that? 306. Senator Jones. Read the bill.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 306. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments from the Ploor?

ACTING SECRETARX: (MR. HAQRX) Amendment No. l offered by Senator Jones.

PRESIDING OFFICER: (SENKTOR LECHOWICZ) Senator Jones.

Yes. Thank you: Mr. Fresident and Members of the Senate. Amendment No. l becomes the bill. It is the rewrite of the Architectural Practice Act of 1989, which sunsets at the end of this year. And I move its adoption.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Amendment No. l be adopted. All in favor, signify by saying Aye. Opposed. Amendment No. l's adopted. Any further amendments?

ACTING SECRETARY: (MR. NAPRY) No further amendments.

PRESIDING OFPICER: (SENATOR LECHOWICZ) lj4  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 3rd Reading. 399. Barkhausen. Read the bill.

ACTING SECRETARY: (MR. HAQRX) Senate Bill 399. lsecretary reads tktle of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any amendments fron the Ploor?

ACTING SECRETARY: (MR. NADRY) No Floor amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. ...tmachine cutoffl... You want to do the Agreed Bill List? Okay. Fine.

PRESIDING OFFICER: (SENATOR D'ARCO) Ladies and Genklemen, Page 24. We're goin: to proceed to khe Order of 3rd Reading. The first bill on that -- on that Order is at -- the second to the last bill on Page 24. Senate Bill 900. Senator O'Daniel. Read the bill, Madam Secretary.

Senake Bill 900. (Secretary reads title of bill) 2nd Reading, pardon me# 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator O 'Daniel.

Thank you, Mr. President and Members of the Senate. Senate Btll 900 amends the Beer Industry Fair Dealtng Act y by prohibitkng a brewer from requirinq a wholesaler to be a party to an agreement of which would prohibit the Wholesaler from disposinq of damaged products which has been deemed salvaqeable. Currently: some manufacturers or brewers prohibit a wholesale wholesale distributor from assigning damaged products to -- to insurance companies when the damaged products has been deemed to be l65  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 salvageable. And as it's amended, it satisfies Anheuser-Busch and some of khe breweries, so I don't know of any opposition to this. If there is, 1'11 attempt to answer any questions; if not, I'd move for its passage.

PRESIDING OPFICER: (SENATOR D'ARCO) Any discussion? The question is, shall Senate Bill 900 pass. Those in favor, vote Aye. Those opposedz vote no. The voking is open. Have all voted who wished? Have a1l voted who wished? Have all voted who wished? Take the record. On thaE question, there are 51 Ayes, 1 Nay, none voting Present. And Senate Bill 900, having received the required constitutional majority, is hereby declared passed. Senate Bill 901. Senator Luft. Read the bill, Madam Secretary.

Senate 2122 9p2. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR DIARCO) Senator Luft.

Thank you..wthank you, Mr. President. Approximately *Wo years ago, the Commissioner of Banks issued a ediete..edict, if you Wish to eall it that, establishing a procedure which created a term that's used: shelf eharters: -- END QF TAPE TAPE 4

- - a form of banking in the State of Illinois. That procedure l66  STATE OF ILLINOIS 86th GEHEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25y 1989 moved forward until someone filed a court case about a year and a half after the enactment of the memo, and the court ruled that khe commissioner had violated his authority in issuin: that memo. Howeverg during that year and a half, some thirky-three bankers embarked upon this procedure. In Eact: there are eight banks up and running that are now under a cloud because of this court case. I will try to explain the bank procedure to you, if you wish. However, the bottom line is.aoand what we're basically tryïng to do here is to grandfather in those people that were caught at the commissioner's memo: and make sure that those eight banks up and running do not have to close, and the financial investment that the bankers have made in shelf charters is not jeopardized. This bill as amended is approved by both the banking community groups, the ICB and IBA. I kill try to answer any questions at this point, Mr. President.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Keats.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senator Luft has been working on this bill that initially was quite controversial, and I don't know that, as he said, I don't know that's it 's in final form, but he has certainly done a great deal of work on trying to bring the groups together. And I would hope We would all support it to at least continue that processy although this amendment may be a perfectly acceptable one.

PRESIDING OFFICER : (SENATOR D 'ARCO) Senator Zito.

Res, Ehank you, Mr. Preskdent. Wk11 tbe sponsor yield for a question?

PRESIDING OFFICER: (SENATOR D'ARCO) Xes, he lndicates he 'll yield. l67  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

Senator Luft, 1...1 too commend you for the work, but I'n...I'm ko understand that there's still several banks in Illinois that are a little concerned about the conpromise amendment. I know you've work diligently on that, but can you speak to the record? Are we stkll going to be able to work on this bill, and if we can come up with some kind of resolve With an amendment in the Houser would you be acceptable to that?

PRESIDING OPFICER: (SENATOR D'ARCO) Senator Luft.

Itls my goal, and I think the goal of t*e banking groups that represent thato..the banking industry, is to protect the integrtty of the financkal investment of those people kn that community wbo have considerable amounts of dollars invested. I am willing to consider any amendment, as long as it does not violate khe integrity of that investment.

PRESIDING OPPICER: (SENATOR D'ARCO) Senator Geo-Karis.

Mr. President, Ladies and Gentlemen of the Senate. I rise in opposition to this bill. This bill is...is a bill that is...Wi11 have a subterfuge mechanism by whlch a bank holding company can rearrange its assets and lets one of its banks 1ie on the shelf of inactivity for a while and then transfers a charter to a wholly different business area. The existing banks to the present time, if this bill is passedp will lose their own thirty-five hundred yard homee..home office protection, and the new bank can be set right next door. I think tbis bill will hurt the small banks, and I certainly call the atteneion to the legislators both from this side and the other side as to how badly this bill can impace itself on our community banks in our respective areas. Therefore, l68  STATE OF ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 I rise kn opposktkon to this bill, and I speak against it.

PRESIDINC OFPICER: (SENATOR D'ARCO) Senator Weaver.

Well, thank you, Mr. President. I...for some time therels been an effore to provlde some home office protection. Buk the various banklng interesks have not agreed upon what that home office protection should be. I would hope that We would pass this bill out of here and get it over in the House, and hopefully they can come up with some compromise that will satisfy the majority of the bankers concerned With.p.particularly home office protection.

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Schuneman.

Queskion of the sponsor, Mr. President.

PRESIDING OFPICER: (SENATOR D'ARCO) He indicates he will yield.

Senator, I'm coming in late on this explanation, but is this a bill which would allow a bank to buy another bank and ehen chanqe the purchased bank inko a facility: and then have available a charter, so they can go out and start another bank somewhere else wlthout qoing through the procedure of applying for a new charter?

PRESIDING OFPICER: (SENATOR D'ARCO) Senakor Luft.

Yes.

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Schuneman.

Well, I think we ought to take a careful look at this. You know, most of us around here can still remember the kime when a l69  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 bank...when *e did not have branch banking in Illinois, and we allowed the banks ko enter into multibank holding companies with the understandinq that they would not go into anybody else's territory. And in only a few years now, we have really runaway branch banking in Illinois, and I don't know that the consumer has necessarkly always benefited from that. It seems to me that what this allows is one of the things that many of us from rural communities were very concerned about in the original bank holding company legislation. That is that your local bank can be purchased, and in effect turned into a facility, and that khe charter for your bank might be used to start a new bank in Dupage County or someplace. And I not sure that this really is what We ought to be doinq, so I think we ought to take a careful look at it.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Marovitz.

Will the sponsor yield?

PRESIDING OFPICER: (SENATOR D'ARCO) He indicates he will yield.

How many shelf charters are talking about grandfathering in here?

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Luft.

IE's my understandin: it's thirty-three.

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Marovitz.

I beg ko differ with that. HoW do you know that that's the number, since the.wothls bill does not become effective until I l70  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslatkve Day May 25# 1989 believe...well, first of all, what is the effective date of this bill? PRESIDING OFFICER: (SENATOR D'ARCOI Senator Luft.

Has an immediate effective date.

PRESIDING OPPICER: (SENATOR D'ARCO) Senator Marovitz.

That means it's effective when the Governor signs the bill. Is that correct?

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Luft.

I'm...I'm sorryy I didn't hear the question.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Marovitz.

That means its effective When the Governor signs the bill?

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Luft.

Thatfs correct.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Marovitz.

Well, we're now in May, and the Governor may not sign the bill for four more monthse in September. How do youe or anybody elsee know how many shelf charters are going to occur between now and the next four months When this bill becomes effective. When people know out there that they can make their property: that chartery a 1ot more valuable, you may have hundreds of shelf l7l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25y 1989 charters occurring between now and theny between now and the next four months. There is nobody that can predick the number of. o .of shelf charkers that would be grandfathered into the nexe four monkhs when...when this bill becomes effective, if it should pass. Let me give you some background infornation about this. Shelf charters are used because Illinois law, which we passed a few years ago, forbids holding eompanies from starting new banks. Now that prohibition was passed in 1981, khen we permitted multibank holding companies for the first time in Illinoîs. Since starting a new bank is not permissible: the only effective way to answer certain banking markets is to buy existing banks. Shelf charter kransactions avoid that by processing an application for a change in the location of the bank to a new market area. Nowz what happens here, is that larqe multibank holding companies, including those from out-of-state, have attempt to buy banks in many communities around our State, including my community. When their efforks were unsuccessful, they began to move shelf charters into these communlties. And this caused a lawsuit in the County of Cook. Judge Al Green, who many of us are familiar wiEh, held khak the Commissioner of Banks had no authority from the Legislature, from us, to enact khis policy to permit shelf charter transactions, and he held that doing so Was an aktempt to circumvent what the Legislature didm..back in 1981. And he enjoined the Qommissioner from approving any further shelf charter transactions. What we would do, kf ge pass this legislation, is to make the rich richer, beeause they will be getking these charters and flippin: them for increased amounts of...money. The sale price of these charters would go up dramatically, and we would be taking away the home office protection that We passed as the very essence of that multibank.w.holding company legislation back in 1981. I think this is a terrible idea. I Ehink it hurts communities, small communities thak provide service to their  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25p 1989 neiqhborhoods, and it only is going to nake the rich richer: and I don't think this...khat we ought to be passing this legislation.

PRESIDING OPFICER: (SENKTOR D'ARCO) Senator Luft. Senator Lechowicz.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I really wasn't going to get into tbls debate, but I think we really have to tell jusk the Way it is. Unfortunately, a genkleman who served in this Body made a decision in qood faith and granted some charters in this State, and people in good faikh invested their money, and eight banks were created, and we went to court and they said a commisskoner did not have that authority to issue those charters. Whatfs . . . what's in question here isz one , helping our good friend, Bill Harris, out...get out a predicamene where he made it ân good faith. And twoe helpïng the people who invested in qood faith and started these banks to remain in buskness. That's whatw w .that's what the issue is. And I personally believe this deserves your Aye vote. This was done in good faith, and this bill should be passed.

PRESIDING OFEICER: (SENATOR D'ARCO) All right. Senator Luft to close. SENATOR LUPTt Thank you, Mr. President. What Senator Marovitz did not tell you is there is a second court case that ruled in favor of the Commissioner in Dupage County. So there is two different opinions on whether the Commissioner was right or wrong . Secondly, his rich making the rich richer is a joke. If we don't do this Eoday, we just wiped out thirty-three bankers that have investments of somewhere around twenty-eiqht million dollars. They made this investment based on what was told to Ehen by the Commissboner of Bank: of the State of Illinois. Now: you sit there in your chair and you think of this: you get a letter someday from a aqency from l73  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGOLAR SESSION SENATE TQANSCRIPT 36th Legislative Day May 25, 1989 khe State of Illinois that impacts upon your business, and that director or commlssioner, or whatever you want to call himy saysy ''you know, we have this idea that we're implementing, and you should go forth and do this. This is the law of tbe land. Invest this Way. This is the banking concept that we think should be happening in the Stake of Illinois.l So you ge* your board of directors togeeher, and your lietle company that you havee and by gosh, you figure khis is a good idea. You go to the bank. You borrow a nillion dollars, you borrow two millîon dollars, whatever you have, and you invest in this business. Two years later you find out that this individual was wrong. He or she erred. Now: are you going to have somebody punish you for doing ehat? And thatfs a11 weere saying. Welre not tryin: to make anybody rich. We're trying to grandfather these people in. We're sayingo o .and a..and by the way, the commissioner doesn't like this bill. He wants to go forward with it. He doesn't want this grandfathering in. This is a compromise that's been Worked at a long time. And I'm telling you right now that there's people that's going to be hurt by this, and there have been people that have been hurt by it. All I can ask you in your final thought is to just to remember there's millions of dollars that's been invested, and in fact, there are eight banksz brkck and mortar up runnîng right now, that may have to close if we don't pass this bill. I think it's a fair bkll, and I would urge your support.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. The question is, shall Senate Bill 90l pass . Those in favor, vote Aye. Those opposed: vote No. The voting is open. Have all voted Who wish? Have al1 voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 40 Ayes. 8 Nays, 2 voting Present. And Senate Bill 901, havinq received the required constitutional majorityz is hereby declared passed. Top of Page 25, Senate Bill 903. Senator Luft. Read the 174  STATZ OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25, 1989 bill, Madam Secretary.

Senate Bill 903.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Mahary excuse me# for What purpose do you arise?

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

PRESIDING OFFICER: (SENATQR D'ARCO) State your point.

Today we haver from Senator DeAngelisf district and mine, students from Huth Upper Grade School in the Village of Matteson. Would ask that they be welcomed to Sprinqfield.

PRESIDING OFFICER: (SENATOR D'ARCO) Will they please stand and be -- rise and be recoqnized by the Senate. Welcome to Springfield. Senate Bill 903. Senakor Luft. Read the bill, MadaM Secrekary.

Senate Bill 903. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Luft.

Thank youy Mr. President. In khe last few years there have been standards set on labelkng of octane enhancers kn fuel. And lt has been required that ethanol and methane be labeled on each pump. What this bill does is require MTBE, Which is an oxygenated fuel component which also.e.octane enhancer, be labeled on the pumps as Well.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? Senator Keats. l75  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENAQE TRANSCRIPT 36th Legislative Day May 25, 1989

Dick, I just committed on your last bill; 4et ready on this one. I Would rise in opposition to the billz because think it is sort of unreasonable. We have required that ethanol be on the bill because that is -- or on khe tank; that has been a subsidized commodîty that we have attempted to assist. I have always supported that, and as you know, I have voted for the subsidies for ethanol and all that sort of skuff. But to require that the MTBE, which is methyl tertiary-butyl ether - if any of you are chemists: you can probably figure that out - that that be listed, it doesn't really make any sense. It is a totally different enhancer. You have to remember that in qasoline that's in your car, you dve got roughly fifty different components. Ethanol is listed because it is not the same type of natural component some of these others are. And I think it's important when we -- we think about the issue, people say, ''We1l# maybe it's a corn-qrowing issue, 'cause ethanol's corn and this other isn'to 'f No, it's not. That's not what it is at all. It's a simple case of one is an outside element we've asked that it be listed - it is a subsidkzed element, Wbere this MBTE is MTBE is something that's puk in as one of the other components already in the gas. I don't know that we want to have on a -- on your gas pump. Now you khink about it. You walk into a gas pump; it ls got fifty components. How'd you like ko have a list of a1l fifty components, or maybe the thirty that you're most interested, on your -- on the thinq? Think about the kind of hassles we are puttinq the consumer through. 7ou need to put the major stuff on: and We do that. But how much do we need to do? I Would ask a No vote.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Watson.

Yes. Thank you, Mr. President. I just wanted to ask a l76  STATE 0P ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25e 1989 question. What -- what's qoinq to be on the tank?

PRESIDING OFFICER: (SENATOR D'ARCO) He indicates --

The full -- the --

PRESIDING OFPICER: (SENATOR D'ARCO) The sponsor indicates he will yield. What's your question?

The question is: are we gokng to have on the tanks now that it's goin: to say that this motor fuel contains methyl tertiary-butyl ether? Is that what's going to be actually on the tank?

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Luft.

0n the tank, it is our hope that the pumps Would read MTBE, ethanol or methane in -- and -- and 1111 tell you why you have to, feel, put a1l three on there. It's because, my understandingy Ehat they will change pumps maybe, and Ehe different types of gasoline in the separate pumps maybe two months, every three months, maybe once a year. So it was -- it's my understandinq that we Would put a1l three additives on every pump.

PRESIDING OFFICER: (SENATOR DIARCO) Senator Watson.

It jusk seems like Ehis is going to cause a loE of confusion among the -- the consuner. I mean, they dre going to come in there, they're going to want to know what is this . I mean, is this good for my car? Is it not? Or what what am I actually doing? I just think a lot of confusion could result from this. -- -- Who wants this bill? Why are we wanting to do this?

PRESIDING OFFICER: (SENATOR D'ARCO) 177 j 86S tT hAT GENO EF RAI LLL AS IN SO EM IS BLY I REGULAR sEssloN SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 It's a rhetorical question. Senator Madigan . SENATOR MADIGAN: Thank you, Mr. President, Members of the Senate. rise in support of this bill. And as to Who wants this bill, from the question of the previous speaker, I'd submit to you that every farmer in the State of Illinois wants this bill. The Illinois Farm Bureau wants this bill. The Illinois Corn Growers wants this bill. And I would also: as a co-sponsor, would be willing to entertain an amendment to list al1 fkfty inqredients of petroleum on the label, if that would be the desire of one of the previous speakers. Seriously, this is a consumer bill. This is an environmental bill. This points out that pumps that have ethanol or MTBE areg to the consumer, clean air additivesy and something that they should be using, and have that option, and have -- be able to select if they 're interested in the environment, as to What type of motor fuel they wish to purchase for their car that does promote a clean environment. As to the drivability problems, I would also submit to you that the president of General Motorsz for the 1989 motor vehicles, has said that he -- General Motors recommends the use of oxygenated fuels, which include ethanol and MTBE. Therefore, I feel this is a good bill and should be passed. PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Senator DeAngelis. SENATOR DeANGELISI Thank you, Mr. President. I appreciate the plight of the farmer. In fack, I have a good park of my district as beinq rural. But I don't think that we ought to be doing something that allows somebody to have a competitive advantage simply because they want to have a competitive advantage. It's got to have a utility beyond that. And frankly, the labeling that is being asked for right noW is because it does have an impaet on the drivabllity of your auto. This partieular element does not. Therefore: you dre l78  STATE OF ILLINOIS 86th GBNERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25, 1989 asking to label something Which, in fact, presents no problem at all to your car, simply because you want to create in the -- a doubt in the mind of the consumer to enhance another product. I'm a1l for the farmers. But guys, let's not just do thts to help them, because there's no cause at al1 to label this particular product.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Savickas.

Well: if the sponsor Would yield to a question.

PRESIDING OFFICER: (SENATOR D'ARCO) He indicates he will yield.

Senator Luft, you indicated that each pump would have the three labels on the pump. It's my understanding that certain automobiles can use one or other of the products. NoW if you have these three labels on each pump, and my manufacturer says I can't use one of them, Where Would I ever get gasoline?

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Luft.

Senator, I think youfll find that all these gasolines would be considered unleaded.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Savickas.

Itls not.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator O'Daniel.

Thank you, Mr. President. And this is a switch for me to be Chairman of the Agriculture Committee and speaking against an l79  STATE DF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 ethanol bill. Buk this bill is nothing but retaliation for *he fact that the oil companies were demandtng that they -- at one time, they were insisting that they label gas pumps With ethanol. And this isn't the way we -- there ought to be a better way for us to -- to handle this situation khan -- than to do it through legislation. And for that reason, I reluctantly oppose this bill.

PRESIDING OFPICER: (SENATOR DIARCO) Senator Luft, to close.

Thank you, Mr. President. I hope you'll listen carefully, Senator DeAngelis and those that spoke. Senator DeAngelis. The three components that wedre talkin: about here are additives to gasoline. And they are mandated at certain levels, even MTBE, by the federal qovernment. So MTBE should be labeled, because if it isn 't labeled properlyy it too could be harmful for your car. The three components that we're talking about, if they're not formulated properly, can be injurious, potentially, to your car. - - if I had my way about it, I1d take everything off the pump. I'd take all three of them off. And I'm willing to do that. And if this bill moves forward -- I sat down With the people that -- and here is -- here is what I offered to do on this -- this amendment, and so did Senator Madigan. We offered to take everythinq off the pump, and in each in each gas station put a sign up like thisg saying what the additives were in their gasoline. And as far as I'm concernedv Senator O'Daniel, nobody's told me this is retaliatory. This is simple, good, consumer bills. And the ethanol industry is extremely imporkant to the Seate of Illinois. is extremely important to the agricultural community. This bill is endorsed and sponsored by the Department of Agriculture. Senator Kadigan said that everybody that was for it. I don't think these are people that stand up and retaliate because one company says this' or one company does this. What welre trying to do here is l80  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 simply come to a concluskon tbat's in the best interest in the consumer. And I would suggest if you have the consumer's best interest in heart, you would vote for this bill.

PRESIDING OFPICER: (SENATOR D'ARCO) Al1 right. Senator -- The question is, shall Senate Bill 903 pass. Those in favor, vote Aye. Opposedr vote Nay. The votinq is open. Have al1 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 26 Ayes: 28 Nays, none voting Present. And Senate Bt11 903, having failed to receive the required constitutional majority, is hereby declared lost. Senate Bill 904 -- 907. Senator Karpiel. Senaeor Rock.

Thank you, Mr. President: Ladies and Gentlemen of the Senate. Just for the Members' informaeion, ehere will be circulated shortly another Aqreed Bill List. It will have a yellow cover, and it will show on the Calendar tomorrow. I'd ask -- we're going to try to follow the same procedure With respect to knocking bills off, and/or affording the Members the right to vote individually on each of these bills. The only caution I Would have ks that, as you go through the Calendar, there may be some bills on the current Calendar that are also on the Agreed Bill List. My suggestion is that you skip them if they're on the Agreed Bill List, but that's up to the Member. If, indeed, a bill is skipped, and subsequently this eveninqz îs bumped offy that bill wk1l receive, obviously, priority call tomorrow. We're just tryinq Eo speed the process up, so I'd ask a1l the Members Eo take a look.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Karpiel.

Yes. Thank you: Mr. President. Senate Bill 907, simply changes the distance from reskdential bukldings at a temporary l81  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 construction --

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Karpiel, the Secretary hasn't read the bill yet.

Oh, I'm sorry.

Senate Bill 907. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICERZ (SENATOR D'ARCOI Senator. 9-0 -- Senator Karpiel.

Thank you. Senate Bill 907 changes the distance from residential buildinqs at a temporary eonstruction facility used from -- by a contraetore must be. It changes it from a thousand feet to twenty-five hundred feet. It requires that the facility must be within one mile of the construction site. And it applies only in unincorporated areas. And I ask for your Aye vote.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, the question is, shall Senate Bill 907 pass. Those in favor, voke Aye. Opposed, Nay. The voting is open. Have a11 voted Who wish? Have a1l voeed Who wish? Have all voted who wish? Take the record. On that question, there are 52 Ayes, l Nay, none voting Present. And Senate Bill 907, having received the required constitutional majority, is hereby declared passed. Senator Severns, for what purpose do you arise?

Thank you, Mr. President, Members of the Senate. I rise for a point of personal privileqe.

PRESIDING OFFICER: (SENATOR D'ARCO) Indicate the point.

l82  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 I Would like to request leave for immediate consideration of adoption of a congratulatory resolution, 5R349, that needs to be delivered this evening.

PRESIDING OFPICER: (SENATOR D'ARCO) All right. Senator Severns asks leave to suspend the rules for khe immediate consideration of Senate Resolution 349. Does she have leave? Hearin: no objeckion, leave is granted. Read it into the record, Madam Secretary. SECRETAR; HAWXER: Senate Resolutkon 349 offered by Senator Severns. It is congratulatory.

PRESIDING OFFICER: (SENATOR D'ARCO) A1l right. Senator Severns moves for immediate consideration of Senate Resolution 349. A1l in favor, say Aye. Nay. The Ayes have it. The resolution is adopted. Senator Smith.

Thank you, Mr. Chairman. I merely want to report the last three votes, I just thought, my -- my Yes button is not responding.

PRESIDING OFFICER: (SENATOR D'ARCO) The record will kndkcate, Senator Smith: that you --

Thank you.

PRESIDING OFFICER: (SENATOR D'ARCO) - - you would have voted Aye on the last three votes. Senator Watson. 912. ..atmachine cutoffl...the bill.

Senate Bill 912. lsecretary reads title of bil1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senakor Watson. l83  STATE OF ILLINOIS 26th GEXERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

Yes. Thank you, Mr. President. This bill was on the Agreed Bill Lisk and for some reason was knocked off. But Senate Bill 9l2 exempts a passenger in a limousine from prohibition regarding the transportation or possession of alcoholic liquor in a motor vehicle. This -- this legislation came from a constituent of mine that has a limousine service that he wants to provide a limousine service for weddings. And under current law, he cannot have alcoholic beverages being consumed by the passengers at -- in the limousine. This would allow that to happen. I'd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 9l2 pass. A1l in favor, vote Aye. A11 opposed, vote Nay. Votinq's open. Have a1l voted who wish? Have a1l voted Who wish? Clerk will take the record. On this question, there are 45 Ayes, 12 Nays, 1 recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. Senate Bill 915. Senator Netsch. It's on the Agreed Bill List. Out. 918. Senator Barkhausen. Read the bill.

Senate Bill 918. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) senator Barkhausen.

Mr. President and Members, Senate Bill 918 comes at the request of the National Vehicle Leasing Association. It prohibits the sublease of a lease vehicle wikhout the express written consent of the lessor. I'd be happy to answer any questions, and Would otherwise ask for a favorable roll call. l84  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legkslatkve Day May 25, 1989

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall Senate Bill 918 pass. All kn favorz vote Aye. K1l opposed, vote Nay. Voting 's open . Have all voted who wish? Have al1 voted who wish? Take the record. On this question, there are 53 Ayes, no Nays, none recorded as Present. This bill, having received the constitutkonal majority, is hereby declared passed. 920. Senator Dudycz. Read the bill.

Senate Bill 920. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) What purpose does the Gentleman from Cook, Senator NeWhouse, seek recognition?

Mr. President, I don't know hok these switches misfire, but I tried three different times on that last bill to get this button to light up and it didn't do it.

PRESIDING OFFICER: (SENATOR LECHOWICZ) We'll have the electrician look at it.

don't know Whether I'm recorded or not. And it's less important that the thing -- it's more important that --

PRESIDING OFFICER: (SENATOR LECHOWICZ) I agree.

zomehow we reqister that these things aren't working properly.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Thank you. Senator Dudycz.

Thank youe Mr. President, Members of the Senate. Senate Bill l85  STATE 0F ILLINOIS 86th GENERAL ASSZMBLY REGOLAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25 , 1989 920 is -- is State Board of Elections initiative. The bill amends the Election Code to require semiannual rather than annual reports of campaign financing, expenses and contributions. A six-month reportlng period will reduce a number of itemizations will be less time to itemize khe small contributions and expenditures, thus reducing the workload of campaign treasurers. I know of no opposition, and I urge favorable support.

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

Well, Senator Dudycz, under your bill, are We Qoing to be filing more reports or less reports? What are the time frames? Are khey in the middle of the campaigns? After the campaigns? Unfortunately, I feel like Senator Maikland; I -- sometimes ! you can't hear in here because of the volume, and you were mumbling pretty good. If you could run through that for us again, we'd appreciate it.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Would you qive the Gentleman your attention, please? Senator Dudycz.

Thank you, Mr. President. Senator Demuzio, as you know, political committees eurrently file preelection reports prior to each election in Which they partkcipake, postelection reports after each general election in which they participater and an annual report in -- in July. Now this legislative proposal will eliminate the general election posEelection reporEs. and it will replace the annual report With tWo all-inclusive, semiannual reports, due January 31st and July 31st. It will be twice a year. Ik'll eliminate everything else.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill -- Oh. Your light wasnft on. l86  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senator Demuzio.

My light Was on a minute ago. Xou Were --

PRESIDING OFFICER: (SENATOR LECHOWICZ) That was a minute ago.

-- Eoo busy signaling for you switch.

PRESIDING OFFICER: (SENATDR LECHOWICZ) Senator Demuzio.

Senator Dudycz, this means that in ninety days prior to the election we don't have to file to disclose what our contributions have been. Is that correet - unless theylre five hundred dollars or more and you have to do that within a thirty-day period -- Within twenty-four hours. Is that correct?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dudycz.

No, Senator, not in that instance. It eliminates the postelection reports that are due.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio.

Still due? Al1 riqht. Thank you.

PRESIDING OFFICBR: (SENATOR LECHOWICZ) Question is, shall Sena*e Bill 920 pass. A11 in favor, vote Aye. All opposed, vote Nay. Voking is open. Have all voted who Wish? Have a1l voted who wish? Clerk will take the record. On this question, there are 50 Ayesz 2 Naysr 2 recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. Senator Karpiely what purpose do you seek recognition? 187  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANGCRIPT 36th Legislative Day May 25, 1989

On a point of personal privilege, please. Mr. Presidentg could we possibly have a little heat in here? I'm absolutely frozen.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Who wants heat, raise their hand . Who wants it cooler or the same, raise your hands. Okay. Wedll -- welll see What We can do for you . 921. Senator Schaffer. Read the bill.

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

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Schaffer.

Mr. President and --

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me.

- - Members of the Senake, the bill does two --

PRESIDING OFFICER: (SENATOR LECHOWICZ) Please proceed.

A little rowdy over there.

PRESIDING OFFICER: (SENATOR LECHOWICZ) . . . (inaudkb1e)...

... (inaudib1e)...Yes. Does two things. One, it Would require that a write-in candidate receive the same number of signatures that would have been necessary in the petition. Many of the clerks have eomplained about the problems of many times frivolous write-ins. People doinq it on a lark. And it complicates the system. I think it's a very reasonable requirement. The second 188  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 part of the bill, which is probably the parE of most interest, would change the March primary date to a primary in the -- the third Tuesday in May, which would, in the 1990 election be May 22nd. Many of us, I think, in the Legislature and around the State, have had problems With a -- the March primary and the campaigning in the bad weather, the filing dates on top of the holidays, but also have problems with the concept of a September primary. And this bill attempts to give thase of us that Would prefer something of a compromise a chance to vote for a May primary. I think it also falling when school is still in session would guarantee a good participation in the primary, and would be a time of year, I think: when people are prepared to focus on political campaigns, and would be a -- a major step forward to encourage greater voter participation, and make it, frankly, easier for candidates, and the men and women who pound on doors on behalf of those candidates, to :et the job done. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Rock.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. find it hard to rise in opposition, but I must. And I because and the reason I find it hard is because I agree with virtually everythin: Senator Schaffer said: except I come to a different conclusion. There isn't any question about the -- the vote requirement for write-ins to be the same as the nunber on petitions. We've addressed that before, here, successfully. don't have any problem With that. But envision, if you will, a primary election this week When we are confronted with some seven hundred substantive and appropriakion request proposals, and we wouldp of course, be back home campaignings suggeskp or virtually a1l of us would be. And for those of us particularly who 189 ! STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25g 1989 are party officials: whether at the State or the county or -- or township lezel, this simply is unworkable. I truly believe that we ought to move the primary, and shortly, when we reach Senate Bill 1000, I will propose that we move lt to September. But to take the -- the Membership of the General Assembly - virtually every one of us active in one political party or the other - and subject us to a May primary, just simply doesn't make any sense to me. And I suppose we can arque - well we can change the deadlines and change the Governor's budget message and change the Fiscal Year and we can make a11 kinds of changes, but I think you and I realistically both know that that simply isn't going to happen. Welve had a proposed chanqe four or five years ago, I believe, from Senators DeAngelis and Sangmeister, which attempted to move the schedule forward so that a11 of us could, for once in our career, enjoy the month of June and not be stuck here. But the fack of the matter is, don't think it's going to change. And to subject the Members of this Assembly and both parties to a May effort, simply is unworkable. And I would urge opposition to Senate Bill 921, as amended. PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Berman. SENATOR BERMAN : Thank you, Mr. President. I rise in opposition of this bill. And I just suggest that those of you who come from areas where there are large apartment building residences - take a look at thts, because whak you are in fact doing, probablyg accordinq to statiskicsy is to disenfranchise probably close ko twenty percent of your constituents. May and October - May more so than October is moving day. Registration dayz under this bill, would be the third Tuesday in April, gather - the four weeks prior. You 've got an average -- an average of twenty percent, statistics showy of apartment dwellers move every year. Some areas it might be 190  STATE 0F ILLINOIS 86th GENERAL ASSEKBLV j REGULAR SESSION ; . SENATE TRANSCRIPT i 36th Legkslative Day May 25, 1989 hiqher. Some areas might be somewhat lower. But the average is twenty percent. Those are people tha't, on the registration day, are probably still living at their o1d address - won't be in their neW address till May 1st. They're getting ready to move, and the last thinq theylre going to think about is registering. And I just sugsest to you, that if you represent apartment building dwellersy this is a terrible bill. I9d urge a No vote. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Brookins. SENATOR BROOKINS: Thank you, Mr. President. PRESIDING OFFICER: (SENATOR LECPOWICZ) Please proceed. SENATOR BROOKINS: Mr. President, I rise with mixed emotion. I1m one of them unfortunate people that two days a week before the election -- the general election -- I find out that in the primary election a guy and his wife did a write-in and they were on the ballot, and I got apologies from the State, Ehe Board of ElecEion and everybody that, ''Hey: we didn't know.'' It could have been a -- a tragedy. So the first part of this bill is -- is excellenk, and I can aqree with it. And I -- I Wanted to even become a co-sponsor, and it came out on the Agreed Bill List, and al1 them good things. But khe second part makes it a bad bill. And I was just Wondering if the sponsor, some kind of way, could take it back, take that second portion of the amendment off, and -- and brinq it back. And -- and we'd have a good bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Brookinsp you Want to divide the question? Is that What you want to do? The Lady from Cook, Senator Netsch. SENATOR NETSCH : Thank you, Mr. President. I -- I have ambivalence, I think l9l i  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senator Palmer used to call it, for a different set of reasons, how i ever, Senator Brookins. I prefer a September primary. I think ' that is the way -- where it ought to be, and I have thought that ever since I arrived here, I think in 1973. I just as strongly believe that anythinq is better than March. That we have qot to start, somehow, reducing the length of the period between the primary and the general election, so that we are not in around the clocky around the calendar - forever and ever campaignsy whieh is really what is happening right now. I think at the moment, Senator Schaffer, IIm goin: to take my chances that we might be able ko pass one of the September primary bills and vote Present on yours, with the hope that somehow or other before we leave on June 30th# we will have shortened that period to something.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Let me just -- let me -- let me just say that the Chair has had a number of other lights seeking recognition. At this rake, we'll be here till the next primary. Senator Dudycz.

Well, thank you, Mr. President. And I Will make my remarks very brief then. Senator Netsch, I agree with you that anyEhing is better than March, and that's Why I think that instead of voting Present on this bill, why don't you join us kn votkng Yes on this one, and then if it fails, then we fll talk about the next bill. But --

PRESIDING OFFICER: (SENATOR LECHOWICZ) senaEor Fawell.

-- Senator --

PRESIDING OFFICER: (SENATOR LECHOWICZ) Oh. I'm sorry.

But, Senator Rock, you know, we've always accommodated our -- l l92  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25, 1989 our dates around elections. When we had --

PRESIDING OFFICER: (SENATOR LECHOWICZ) Youlre on. SENATOR DUDYCZZ can't hear myself.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Maybe they're tellin: you something. I don't know.

Christ's sake.

PRESIDING QFPICSR: (SENATOR LECHOWICZ) Hey, wait a minute.

As you know, during the recent mayoral election, Mr. President

PRESIDING OFFICER: (SENATOR LECHOWICZ) We don't need anything like that. Okay?

Pardon me?

PRESIDING OPPICER: (SENATOR LECHOWICZ) We don't need anykhing like that.

What?

PRESIDING OFEICER: (SENATOR LECHOWICZ) Want to continue with your remarks? Continue your remarks to the bill, please.

Yes, sir. Mr. Presidenk, durin: the recent Chicago mayoral electione we adjusted our calendar to accommodate our colleagues and our constituents. And I just think that's not a valîd point by saying that we Will -- we will be too busy down in Springfield for elections in May.

PRESIDING OPPICER: (SENATOR LECHOWICZ) 193  STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senator Fawell.

Thank you very much. have been a committeeman now for thirty-three years. Now obviously, I started as a mere child. But we used to have the primaries in May, and as a committeeman, Who has to walk those precincts and get those petitions siqned, I hate to go out in November just before Christmas to get al1 that Work done. And I know I have a number of -- of fellow precinct committeemen who feel the same way. And very frankly, it's getting harder and harder to geE those petitions in. And it seems to me if we switch it to May, at least We'11 give our committeeman a fkghtkn: chanee to to 9et the petitions out. Itts after Christmas, maybe the snow and the sleet and the rain isnlt -- isn't quite as bad. You know, it just seems to me it's a -- it's a much better time than either September or -- or March, which is a lousy time to try and get voters out. And -- and I Would strongly suggest we vote Aye on this.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Kelly.

Thank you, Mr. President, Members of the Senate. I agree that this is a heavy time of the year, especially for leqislators if we want to campaign ourselves, but one thing I haven't heard mentioned, and that's that those of you that have farming interests. I cannot believe anyone that's a farmer or has farming inkerests -- this is one of the busiest time of the year, and I think this is one reason Why March Was selected Eo begin wkth. So I'd like you to think twice about this. May is a very bad month, especially for farmers and especially for legislators that are campaigning for reelection. PRESIDING OFFICER) (SENATOR LECHOWICZ) Gentleman from Cook, Senator Marovitz. l94  STATE OF ILLINOIS 86th GERERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 36th Legislative Day May 25s 1989

Well, would just ask the sponsor khis. What is his plan for the legislative process if this bill Were to pass?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Well that's depending on the count. We don't know about that. Senator Schaffer.

Senator Marovitz, as a matter of fact, have given that considerable thought. And frankly, I think we could emulaee some of the other legislatures around the State that effectively handle primary dates at this time of year, simply by devising a two-phase schedule. For instance, January and Februarye we weren't frightfully active this year, you may recall, or last yearz for that matter. The -- it would oceur to me that you could handle the nonappropriation and revenue bills in that time period. You could then break for a month and go through the election process. I might add, in the last primary eycle, only one of us had a primary contest, out of the whole Senake. So -- I mean, know that could change. Franklyz khis could be the year to generate a lot of primary contests. So I think you could do that. After the primary, come back and concentrate on the State budget for ehe remainlng monkh: and I suppose you could put the language in there about crises affectinq the operation of State government. Frankly, I could make an argument ehat that procedure might create a more deliberative legislative process. I would respectfully point ouE that the September primary would have us and our opponents filing for offàce about this time. And we would be down here voting on hot issues, while our opponents Were back in the district campaigning againsk us. So -- I'm not sure that if one is following that line of logic, that the September primary is that much of a bonus for you. But the bottom line is that other states handle this very effectively. I think it could be a -- a very l95  STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th LegkslatLve Day May 25e 1989 worthwhile thing. I'm not sure that having a break between the tWo major types of legislation we handle would not be a good idea, maybe taking the three- or four-week-period and concentrating exclusively on the budget would be a real plus. I think the activities in the last few days have shown us that sometimes we need more time on that.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Marovitz. GENRTOR MAROVITZZ Thank you, Mr. President. Well, I --

PRESIDING OPFICER: (SENATOR LECHOWICZ) You 're welcome.

-- I -- I understand We weren't frightfully active in January and February: but about twenty-eight of you weren't friqhtfully active in April, either. Let me ask youy what is -- whak Would you do with phase two? I understand about phase one, but What about phase two? Would we be here in July then?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schaffer.

Just -- I just indicated that the remaining months could be limited to the budget. We certainly could handle the budget in a monthy do a very effective and thorough job. We would have the same number OE legîslatkve days. 1 would make the argument, quite honestly, that I Ehink iE would make a beEker legislakive process. And it's something thak perhaps we should considerz whether we pass this bill or not. Nothing Wrong With us --

PRESIDING OFFICER: (SENATOR LECHOWICZ) Thanks.

doin: that. 196  STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senakor Hall. i

1 Thank you, Mr. President and Ladies and Gentlemen of the I . Senate. We a11 know What changed the date that we had -- the primary -- that was because of the income tax. I'm sure everybody knows Why we changed that date. Now I've taken a poll down in my area, and my political leaders do not want to change anything. So I'm going to be voting No on this, because I think thak -- what's wrong with the primary date? And what's wron: with November?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Okay. Senator Schaffer, to close.

Mr. President and Members of the Senate, I think Senator Hall has sent a message to many people, including my good friend, Senator Netsch, who 's not listening to my eloquent defense of my bill, at all. Still. Ah, Well. Shedll probably forget to vote Present anyway. She's usually very attentive, but this is obvkously one of those exceptions. This may, in fact: be the only ship that is going to sail this year on changing the primary date. I don't know What's goin: to happen to September. I have some very $ serious problems wieh a September bill. I think it's -- Ilm just not for it. I'm not going to debate Sinator Rock's bill right now. There'll be a time and place for that. But I do happen to aqree thak March is not a very good time for candidates, for deliberate elections. for our workers, for anybody. And I would like to get this election out of -- of the ice and snowz and the Christmas holidays. I think most of us agree on that. I have talked to agricultural leaders in my diskrict, and 1, by *he way, Senator Kelly, have a -- a rural district, at least in large part. And they are not bothered any more. This is -- the days of the farmer being totally without machinery, and workinq twenty-hour days: and l97  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 not having a way to even get into town to vote are over. Most farmers in my area, at least one member of the family also has another job. They can find a way to vote. And the fact is, I think some of my downstate colleagues will assure you that if a farmer's got an election he's interested in, you can hold that thing on Sunday mornin: in the basement of City Hall with the doors lockedy and theylll still get there. Farmers know how to get to the polls. And they are not bothered by this. If you want to get the primary out of the ice and snow, this is the bill. And if you're inkerested in people participatinq, this is the bill. Thank you. I'd appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall Senate Bill 92l pass. All in favor, vote Aye. A1l opposed, vote Nay. Voting's open. Have all voted who wish? Have a11 voted who wish? Clerk will take the record. On this question, there are 27 Ayes, 28 Nays. This bill, having received the constitutional majority <sicl, is hereby declared lost. 922. Senator Barkhausen. Read the bill.

Senate Bill 922. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Barkhausen.

Mr. President and Members: this bill puts Ehe liability limits for leased vehicles at the same level as for personal automobiles. The levels were inadvertently raised by Senate Bill 1870 last year, and this restores themz and puts them at the: as I say, at the level of personal vehicles. I'd be glad to answer questions, and otherwise, would aeek a favorable vote. PRESIDING OFPICER:. (SENATOR LECHOWICZ) 198  STATE OF ILLINOTS 86th CENERAL ASSZMBLX RECULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25# 1989 Any diseussion? Question is, shall Senake B1ll 922 pass. All in favor vote Aye. A1l opposed vote Nay. Voting's open. Have all voted who wish? Have a1l voted Who Wish? Take the record. On this question, there are 57 Ayes: l Nay, none recorded as Present. This bill, havinq received the constitutional majotity: is hereby declared passed. 923. Senator Jacobs. Read the bill.

Senate Bill 923.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Now Wait a minute. That's on the Agreed Bill -- 2nd Agreed Bill List. Take it out of the record. 924. Senator Berman. Read the bill.

Senate Bill 924. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Berman.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill deals with the right of adopeed children under Wills drawn prior to 1955 to take under a clause that provides that the assets are to be distributed to ''my childrenz'' and whae we have done here is to provide that an adopted child would be included in the word ''childrenz'' as they are in post-l955 wills, except that there are two exceptions that would be involved - that there was an intention by the drawer of the will: the testator: to exclude 'em by clear and eonvincing evidencey or that the adopted child had received substantial gifts from khe testator during the period of time that the testator lived. Be glad to respond to any questions. I urge an Aye vote.

PRESIDING OPFICER: (SENKTOR LECHOWICZ) l99  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Any discusskon? Senator Barkhausen. t

Senator Berman, I'm all for your bill, I just had noticed here there seem to be two bills on the same or similar subject matter. The other one, I think, being 929, that's on the Agreed Sill List.

PRESIDING OFEICER: (SENATOR LECHOWICZ) Welly weîre on 924 now.

You know are those the same -- are those the same -- are you putting two bklls out on the same subject or does -- can you --

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman. '

No. This -- this bill is the one that's -- that the industry and I have worked on. 929, I think, is only a vehicle. Not -- substantively, doesn't address this.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is# shall Senate Bill 924 pass. Al1 in favor vote Aye. Al1 opposed vote Nay. The votingls open. Have a11 voted who Wish? Have a11 voted who wish? Clerk will take the record. On this questionz there are 59 Ayesy no Naysz none recorded as $ Present. This billy having received the constitutional majority, is hereby declared passed. 928 is on the Agreed Bill List.936 is on the Agreed Bill List. 942. Senator Barkhausen. Read the bill.

Senate Bill 942. (Secretary reads title of the bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.

200  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 I Mr. President and Menbers, this is a bill that I presented on the discharge motions the other day. It is: as I said then, it's a -- the product of some significant skilled, and I think creativer staff Work over the period of the last two years to try ! to present a fairly comprehensive means of.e.attacking the problem of street gang crime. It -- it does a number of things. It -- in its preamble, it makes clear that it's addressed to the problems of street gangs, and then goes on to define a -- a gang in -- in a i I number of ways that I think narrowly limit the bill to street gangs and to gangs that are engaged in a pattern of illegal activity. It sets up a series of penalties for, one, for !C belonging to a gang, a more significant penalty for compellin: i . membership in a gang. Enhance penalties for committing crimes or various crîmes in one's capacity as a gang member. It provides that street ganqs can themselves be charged and convicted in their : oWn names for various criminal acts. In addition, it imposes civilliabilityinfavorofpublicauthoritiesthaEwouldapplyto 1 tbe 9an9 as a wbole, and jointly and severally to tbe gang i ! members. I'd be glad to answer any questions, and otherwise would ask for your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) i Senator Marovitz. :

WoW! Where did you qet thks bkll fromy Senator Bafkhausen?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me. There ls a reques: here of *he chair. WCIA Channel 3, would request to videotape. Hearing no objection, request is granted. Please proceed. Senator Marovitz.

Where -- where did you get this bill from? This is one of the most bizarre bills I've ever seen. I PRESIDING OFFICER: (SENATOR LECHOWICZ) I 20l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Good. Senator Barkhausen.

Staff.

PRESIDING OFFICER: (SENATOR LECHOWICZ) True answer. Question is, shall Senate Bill 942 pass. All in favor, vote Aye. A11 opposed, vote Nay. Voting's open. Think if it gets 55 votes - what the hell's the difference? Have a1l voted who wish? Have a11 voted Who Wish? Take the record. On this question, there are 46 Ayes, 9 Nays, 3 recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 943. Geo-Karis. Read the bill.

Senate Bi11 943. (Secretary reads tktle of bill) 3rd Reading of the bill. PRESIDING OFFICERI (SENATOR LECHOWICZ) Senator Geo-Karis.

Mr. President, Ladies and Gentlemen of the Senate, Senate Bill 943 amends the Criminal Code to create the neW offense of child murder. In -- it includes the new offense as an aggravated factor in support of a death penalty sentence in a murder case. And I urge favorable consideration.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Kny discussion? Senator Marovitz.

I hate to keep rising on these things, but I just want to call to the Body's attention the crime of child murder is already covered in the murder Statute. This is not new. It is already covered in the Statute.

PRESIDING OFFICER: (SENATOR LECHOWICZ) hny further discussion? Senator Geo-Karis, to close. 202  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25y 1989

No. In order -- Am I closing?

PRESIDING OFFICCR: (SENATOR LECHOWICZ) Can respond to the question When you close.

In closing, 1'11 respond to your question. It covers only for those under twelve. But what about from twelve to eighteen? It does not cover. Therefore, I urge favorable consideration of this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 943 pass. All in favor, vote Aye. Al1 opposed, vote Nay. Voting 's open. Have a1l voted who Wish? Have all voted who Wish? On this question -- take the record. On this question, there are 54 Ayesz l Nay, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. On Page 26, top of khe page, is 954. It's on the Agreed Bill Lkst. 956. Senator Marovitz. Read the bill.

Senate Bill 956. (Secretary reads tktle of bk11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. This is a bill that was brought to me by Dolly Hallstromg who I think most of us are familiar With in this Body. And it simply says that no mentally retarded individual can be sentenced to death for first degree murder. And it defines mentally retarded. It's supported by the State's Attorneyls Appellate Service Division and by the Association for Retarded Adults. I Would ask 203  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25F 1989 for favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Gentleman from Lake, Senator Barkhausen.

Will the sponsor yield?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

Senator, do you know the position of the Cook County State's Attorney on this bill?

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Marovitz.

Well, I don't know the position. This bill, most of it, was under State's Attorney Daley, and there Was no position at that time. have not talked to State's Attorney Partee. Actually, I did talk to him about two or three weeks ago, and he was examining it. About five minutes ago sonebody from the State's Attorneys Office came to me and said that theydre not in support of the legislation. That -- all I know is thatls what they told me five minutes ago. I have no idea What the nature of their opposition is.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.

Mr. President and Members. 1eE me simply express my misgivings. I -- I do so wieh some misgivings, because it is a sensitive subject, but, also because the the bill has been lobbied by one of our oldest and dearest friends, Dolly Hallstrom. But, under current law, the fact that a defendant is mentally retarded can be used under -- under the Death Penalty Statute, and is used as a ''mitigating factory'' which a court is required to 204  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25r 1989 consider in deciding whether a defendant who is -- who ls convicted of a capital crime shall reeeive the death penalty. And that will continue to be the case. What I am afraid of is that if this bill passes, that that there Will rarely be a -- a capital case in which the defense attorney doesnlt seek to try to establish that the Qefendant is in -- în -- to sone degree or another, mentally retarded, to try to bring that defendant within the scope of this new and expanded defense: which this bill would provide. A11 of us Who have, in one form or another, supported the -- the death penalty, I feel, should be against this bill, because of the very broad defense that this legislation would create . There may be a narrower way of trying to do what this bill geEs at. 3ut as I say, mental retardation is already taken ineo account by a -- by a judge or jury in determining whekher to impose the death penalty. And as far as I know, present laW is adequate.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Kelly.

Mr. President, I would like to get leave to be recorded as a hyphenated sponsor of this bill.

PRESIDING OPFICER: (SENATQR LECHOWICZ) Hearing no objections, the Clerk will make the notation. All you've got to do is fill out the form, too. Senator Marovitzy to close.

Thank you very much, Mr. President. This is an important bill to Dolly Hallstrom and a 1ot of people across the State. The issue would not even come up unless it was brought up by the defense. Not the Statez as Senakor Barkhausen said. It would have to be brought up by the defense, and then there Would be independent psychiatric tests to determine if, indeedy the individual was mentally retarded. If that individual was mentally retarded, they 205  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 would not be subject to the death penalty. Certainly, they could -- they could have -- they could be life imprisonment, but the fact is the death penalty, in fact, if you are mentally retarded, would be prohibited. And I think that's the humane thing to do, and I would ask for an Aye vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Question is# shall Senate Bill 956 pass. Al1 in favorr vote Aye. All opposed, voté Nay. The voting's open. Have all voted Who wish? Have a1l voted who wish? Clerk will take the record. On this question, there are 29 Ayes, 22 Nays, 4 recorded as Present. This bill, havin: received the constitutional majority <sicb, is hereby declared lost. 959. Senator Berman. Please read the bill.

Senate Bill 959. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OEFICER: (SENATOR LECHOWICZ) Senator Berman.

Thank you, Mr. President. This is a request from the State Board of Education to allow them to allocate two percent of the funds appropriated for the Reading Improvement Program that we authorized in the 1985 reform legislation for the tralning of the people that teach the teachers hok to better teach reading. Be glad to respond to any questions. Solicit your Aye vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 959 pass. A11 in favor, vote Aye. A11 opposed, vote Nay. The votinq's open. Have all voted who wish? Have a11 voted who Wish? Please take the record. 0n this question, there are 52 Ayes, 3 Naysy none recorded as Present. This bill, havin: received the constitutional majority, is hereby declared passed. 964. Senaeor D'Arco. 206  STA'E OP ILLINOIS 86th GENERAL ASSEMDLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25F 1989 Please zead the bill.

Senate Bill 964. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator D'Arco.

Mr. President: I Would move to recommit Senate Bill 9-6-4 to the Committee on Local Government.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman moves to recommit Senate Bill 964 to Committee on Local Government. Hearin: no objection, the.billds recommitted. 965. Senator Rock. Please read the bill.

Senate Bill 965. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rock.

Thank youe Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 965 is an amendment to the Appellake Court Act that Was initiated by the Supreme Court and the administrative office of the Illinois Court System. It creates four new judqeships in the -- at the appellate level, three in khe First District and one in the Third District. Last year, you 'll recall, we created new elected positions for the Second and the Pourth District and in -- to keep parity, given the caseload in each of these districts. This is a request of the Supreme Court and the Illinois Court Administrator. And I would ask for your favorable approval.

PRESIDING OFFIQER: (SENATQR LECHOWICZ) 207  STAT: OF ILLINOIS 86th GENERAL ASSEMBLY RSGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Any discussion? Senator Keats. SENATOR KEATSI My memory is in the First Appellate Distriet. We have eighteen right now and three special: appoinked by the Supreme Court, for twenty-one. Is that correct?

PRESIDING OFFICER: (SENATQR LECHOWICZ) Senator Rock.

That is correct. And they are askbng that those positions be subject to public election.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Keats.

Okay. So what youdre saying is the three that they have existed -- that theydve already appointed -- so it's not twenky-four, it's still twenty-one. Now, hoW do they have the poker to appoint the three? That was somethin: I never quite understood.

PRESIDING OFFICER: (SENATOR LECHOWICZ) It's not in the bill. Senator Rock.

The Supreme Court has, by rule, the authority to appoint. And khat they do is they will take an -- a circuit court judge Who has been subject to popular election and ask them -- appoint ehem to sik ae ehe appellate level to help out With the caseload.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Keats.

So We are just verifying what's in place at this moment?

PRESIDING OFFICCR: (SENATOR LECHOWICZ) Senator Rock.

208  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 That is correct.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rock, you Wish to close?

No. It subjects these -- these existing sittinq Appellate Court judges -- judge spots kill now be subject to popular election. And I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bi11 965 pass. Al1 in favor, vote Aye. Al1 opposed, vote No. Voting's open. Have all voted who wish? Have a11 voted kho wish? Please take *he record. On this question, there are 54 Ayes, no Nays: none recorded as Present. This billw having received the constitutional majority, is hereby declared passed. Senate Bill 966. Senator Pawell. Read the bill.

Senate Bill 966. (Secretary reads title of bill) 2nd -- 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell.

Thank thank you very much. This is the Girl Scout Bill. And I have finally convinced them my name isn't Barbara. But it -- ik will allow the cabins on the -- in the camps for nonprofit orsanizationsr such as the Girl Scou*s and the Boy Scouks and Ehe Y: not to -- no lonqer pay Ehe kaxes, whieh is exactly the Way that the ruling used to be. And we also have an amendment on the bill for Senator Dehngelis, which does a similar khing for a park. I would be more than happy to answer any questions, and if not: I would solicit your Aye vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) 209  STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Any discussion? Gentleman from Cook, Senator Carroll.

Thank you, Mr. President. Question of the sponsore if shedll yield.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Indicates she will.

Are the cookies tax-exempt also?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Fawell. SENATOR PAWELLJ You know, I used to sell those, and I honestly don't know. I don't remember -- I don't remember collecting sales tax.

PRESIDING OPPICSR: (SENATOR LECHOWICZ) We'll call Roger Sweet in the morning. The question is, shall Senate Bill 966 pass. Al1 in favor, vote Aye. A1l opposed, vote Nay. Voting is open. Have a1l voted Who Wàsh? Have a1l voted who wish? Please take the record. On this question, there are 57 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 969 is on the Agreed Bill List. 971. Senator Netsch. Please read the bill.

Senate Bill 971. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch.

Thank you, Mrs President. Senate Bill 97l deals with the Truth in TaxaEion law. And it both clarifies and, ln some respects, strengthens its function. What it does ls to redefkne: and I think this is the clarification part, that local property 2l0  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25y 1989 tax levy which is subject to the cap that is provided in the Trukh in Taxation Act. And it does that by using khe term ''aggregate levyp'' definkn: kt, and makkng it clear that it is the aggregate levy that may not exceed a hundred and five percent of the prior year's property tax aggregake levy, unless all of the procedures of the Act have been complied with. does make it clear that it does not include election costs, which are something that no unit of local government can really avoid. There are a few more -- somewhat more technical provisions havlng to do with the form of the notice that is to be given when the hearing is to be held, and a provision which prohibits the hearing on the excess levy from being conducted at the same time as a budget hearkng . It also makes clear - and this was a particular request of the municipalities, in case any of you heard from them on this or any of the units of local government - that when the Truth in Taxation Act has not been complied wieh, that *he unit of local government is prohibited from extending only the, if you will, unlawful part of the property tax levy. It is not prohtbited from extending its basic levy, so that a unit of government is not just totally disabled as a result of its noncompliance with *he provisions of the Kct. That is obviously fakrly important to them. I would be happy to answer any questions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall Senate Bill 971 pass. All in favor: vote Aye. A1l opposed, vote Nay. Voting's open. Have all voted who wish? Have a1l voted who wish? Please take the reeord. On this question, there are 59 Ayes, no Nays, none reeorded as Presenk. This bill, havin: received the constitutional majority, is hereby declared passed. Senate Bill 983. Senator Weaver. Read the bille please.

Senate Bill 983. 2ll  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Weaver.

Thank you, Mr. President. Senate Bill 983 permits the Illinois Development Finance Authority to issue bonds for payment of a project's noncapital costs. The current Statute does not have any reference to noncapital costs, and therefore, IDPA has requested clarification of the Statutes for this purpose. And -- and there was an amendment on at the request of the Bond Council. And would move affirnative vote.

PRESIDING OFFICER: (SENATOZ LECHOWICZ) Any dkscussîon? Question is, shall Senate Bill 983 pass. All in favor, vote Aye. All opposede vote Nay. Oh. Senator Schuneman.

Well, thank you, Mr. Presidenk. Just a question of the S;OnSOr.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates helll yield.

Curious to know why we're wanting to inelude in bonds, which are normally issued for capital expenditures: noncapital costs. What kind of noncapital costs do they want to have ineluded? PRESIDING OFFICERZ (SENATOR LECHOWICZ) Senator Weaver.

Well, Senator, think, they're referràng to costs associated Wleh the architectural design. also some queskionable items such as -- as landscaping, et cetera. This this has been a contention in -- some of the hangup has been in the 501C3 2l2  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Corporations that have been subject to some question as to whether tbey are bondable. So it's basically a clarification of IDFA'S ability to bond certain noncapital items.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Any other discussion? The question is, shall Senate Bill 983 pass. All in favor, vote Aye. Al1 opposed, vote Nay. Voting is open. Eave a11 voted Who wisb? Eave a1l voted who wish? Please take the record. On this question, there are 47 Ayes, Nays, recorded as Present. This bill, having received the constitutional majority. is hereby declared passed. 9901s on the Agreed Bill List. 991. Senator Keats. Read the bill.

Senate Bill 991. (Secretary reads tktle of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Keats.

As amended, the bill is even tightened up, althouqh the original bill was awfully tight. The problem in a small village like Glencoe is the fact that When theylre asked to appoint everyone from -- living within the municipality - be frank with you, they can't always do it. This allows villages -- it amends the Municipal Code to allow villages that are incorporaked under special eharters - now you might be ealking about twelve, I think it's less than thats in the entire state - would allow them, by municipal ackion, to appoint a treasurer who doesn't happen to live in the municipality. Boy, it's a problen Where you've got to have an awfully small munlckpalkty to do it, but this is theirs. And I would appreciate a favorable vote.

PRESIDINC OFEICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall Senate Bill 9-9-1 2l3  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGOLAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 pass. All in vote al1 in favor, vote Aye.. A11 opposed, vote Nay. Voting's open. Have al1 voted who wish? Have all voted who wish? Please take the record. On this questionz there are 56 Ayesr l Nay, none recorded as Present. This bill, havinç received the constitutional majority, is hereby declared passed. Senate Bill 9-9-9. Senator Welch. Read the bill.

Senate Bill 9-9-9. (Secretary reads tktle of bi11) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.

Thank you, Mr. President. Senate Bill 999 affects the Department of Children and Family Services. What it will do is require ehe Department to do a couple of different things. Number one, they are to devise and operate a child day care resource and referral service, so that individuals can have a legitimate and accessible reference to a day-care facility, should they need one. Secondly, it requires the Department to submit a bi-yearly comprehensive day-care report to the General Assembly and Governor beginning February 15th, 1990. They already do submit reports. What We're doàng With this bill is addin: to what they are submitting, and detailing what it is as to day care. Furthermore, it requkres the Department to devise policies and procedures for oreaking and implementing interagency agreements wikh other gtake agencies furnishing child-care services or reimbursing for such services. Several dlfferent agencies and departments are already doing this, and there needs to be some coordination among the departments. And finally, the Department is to develop a low-interest loan program to address the needs of child -- the child-care industry. I'd be qlad to answer any questions. 2l4  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislakive Day May 25, 1989

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Senator Topinka.

Yes. Questkon of the Bponsor, please. PRESIDING OPFICERI (SENATOR LECHOWICZ) Indicates hedll yield.

How much is this goinq to cost the State?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Welch.

The cost will be approximately four million dollars. The major expendkture here is -- is due to loans, as opposed to a capital or GRF expenditure.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Welch, to close.

I would just urge a favorable vote. PRESIDING OFFICER: H SENATOR LECHOWICZ) Questkon is, shall Senate Bill 9-9-9 pass. All in favor, vote Aye. All opposede vote No. Voting is open. Have al1 voted Who wish? Have al1 voted who Wish? Clerk will take the record. On this question, there are 44 Ayes, 11 Nays, none recorded as Present. This bill, havinq received the constitutional majority, is hereby declared passed. Senate Bill l0û0. Senator Rock. Please read khe bill.

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rock. 215  STATE OF ILLINOIS 86th GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 END OF TAPE TAPE 5

Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. Senate Bill 1000 is an amendment to the Election Codez to change the primary election to the Tuesday next after khe second Monday kn September. lhat's a1l kt does, and it does it only for the 199Q election. It does not purport to go into 1992, so that we donlt get all muddied up with a discussion about delegates to the National Nominating Convention or presidential beauty contests. It seems to me this General Assembly or the next General Assembly can adequately deal with that in 1991, looking forward to the 1992 effort. And I'm sure you know that b0th major political parties are currently diseussing various proposed changes to the primaries and to the selection of deleqates to the respective National Nominating Conventions, so we needn't even discuss that . When I presented this bill in committee, called it, euphemisticallyg the ''Give-the-people-a-Break'' Bill. And I think the Chieago Sun-Times adequately sakd kn their editorial in favor of this, ''the mental health of the voterso'' We don't need a thirty-three-week campaign. Eight Weeks is more than enough. The largest election jurisdiction in the State of Illinois, namely the City of Chlcago, has a shorter election cycle for its chief executive than do we, and simply doesn't make any sense. If we're qoin: to deal with the eost and the length of campaigns: it seems to me, this is the perfect vehicle to discuss that and hopefully resolve it. This will applyy as I indicated, only ko 1990. wîll give all of usr elected and party officialse a 2l6  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 chance to reassess our positton in terms of voter turnout, in terms of election expense. But I think this is long overdue. We have had the primary in March since nineteen hundred and sixty-nine, and nobody, as Senator Schaffer so aptly pointed out, nobody lkkes a March prfmary. I have a good deal of respect for the Legislature and the legislative process, and so I cannot, nor Will 1, support an effort to move it to April or May or June because I think it will be, frankly: destructive of the process and the system as we know it, and as it's going to exist. There are other states that have Sepkember prlmaries, and it works pretty well. Massachusetts, for one. NeW York, for tWo . Ilve heard some arguments, ''Well what about the Jewish holiday?'' Senator Berman, I have assured: and I have documentation: that we don't run into Rosh Hashanah or that problem until the year 2024. And I'm sure that some exception can be made at that time, and Will be made at that time.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Hope we ere here to vote on

Yeah. Me too. The fact of the matter is, lt seems to me to make elemental sense that if we shorten Ehe campaign period by twenty-five weeks, We will save a good deal of money and we will literally give the voters a break. I would urge an Aye vote on Senate Bill 1000.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senaeor Schaffer.

Well, I -- I tried in the debate on the May primary to stay away from too much discussion of the September primary, but it was obvkous, I thinkz to anyone who WaB listenkng, that I had serious problems with a September primary. I -- I guess the first thing that we ought to be thinking about is what eleckion date is *he 2l7  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 most convenient for the people of the State of Illinois and would encourage the -- the greatest voter participationy the greatest electoral interest in the electton effort. I'm not sure that a March primary does anything besides make candidates' lives miserable because of the weather, although by mid or late March the weather, at least in terms of the election day, is generally reasonably good. But the one thtng I have noticed in some twenty years of eampaiqning, that the koughest time of the year, I find: with the possible exception of the Christmas holidays, to get people to focus on political issues is the summer months. Quite frankly, our constituents don't particularly want us clogging up their televisions or beating on their doors or interfering or interrupting their barbecues in their backyard, if We can find Ehem at hone when they aren't on vacation, in the summer months. think we would find a September primary would not generate a great deal of voter turnoutz and I donlt think it's something that the electorate would be greatly enthusiastic about. My election authorities kell me they have very serious problems with how they would implement a September primary, although I Would have to say other states do it, so there must be a Way. To the best of my knowledge khough, this bill doe: not address the extremely long number of potential problems - filing dates, challenge dates, what if the voting machines are impounded - all those questions. I just, quite frankly, think that you can'k just change the date and say you've solved al1 the problems. Now maybe a large county can afford to have a duplicate sek of election apparakus or whatever you need. I don't know you don't have to impound the whole machines, but in some primary election contests you might. The clerks, think, make some very good argumentse and the election authorities, about the -- the things -- khe many things thak we aren't doing in this bill that would have to be done. Again, I think those dekails could be worked out, but I don't see anybody 218  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989 working on them. And that that concerns me. The other concern I have is that of course, this is just for the 1990 electiony and obviously though, if there is a majority in both Houses to do this, it may beeome difficult to change. And then we have a question of what are we qoing to do on presidential eleetions. Well I donlt know, and I dondt understand the workings of my friend 's parey over there, but I do know in my party, We are dedicated to the concept that the electorate -- the primary electorate -- should select the vast majority of our delegates: and that a presidential preference primary in this State is an important part of our parky apparatus. And I -- Ilm not saying that anyone's suggestin: that we be denied that, but I can certainly see everybody saying ho1 expensive it Would be, and how maybe we shouldn't do it, and hoW maybe we ought to let the party caucuses decide ie, and all that other stuff. And that it might have the eventual result of of the electorate being denied a primary for president. And that bothers me. Since we have no plans spelled out in this bill, at least you have to admit the possibility of denying the electorate a presidential primary. It exists. In general, I just don't think this is a good idea. I thought May vas an improvemenk over March: but think if my choice is March or this, I'm for March.

PRESIDING OFFICER: (SENATOR LECHOWICZ) I was wondering about what year. Senator Geo-Karis.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

If I read my analysis correetly, the primary would be September, 1990, only. Would you tell me vhy you didn't make your bill to apply for every September, rather than just for 1990? 2l9  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Rock addressed that question, but I'm sure he'll be more than happy ko answer it once again. Senator Rock.

I'm sorry. I hadn't heard it.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Okay.

Xes. Senator Geo-Karis, deliberately did not qe* into 1992 for the expresG reasons as expressed by Senator Schaffer. And Senakor Schaffer, there is no intent, as you well know: to deny khe electorate any opportunity to pick convention deleqates or to engage in a presidential primary. I'm sure you know there are proposals in the Congress to change the primary system. I mean: when we're confronted With a state like New Hampshire that says in their state 1aw that Whatever the earliest primary in North America is, they're the week before. They don't care what date it is. They're the week before. We've :ot a hodgepodge. Knd frankly think that it's not in the best interest of either major political party to have our candidatesz as they are currently, pretty well determined by a caucus system in Iowa and by a New Hampshire vote, that in my judgement is not particularly representative of this country. So I think everybody understands that wesve :ot to change that. So Senator Geo-Maris, in answer to your question, I am leaving khat discussion for 1991 because the other part of it is, as Senator schaffer so rightly pointed ouk, We ought to find an election date thatls convenienE for the people. And the faet of the matter is, if you look at the statistics for the past kwenty years concernin: turnout: Illinois voter turnout is nok significantly related to the month in which the primary is held, the research says. Because we've had both the lowest percentage and the highest percentage, dependinq on the election. There are 220  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 other more influencing factors weather, age, edueational attainmentz income level of the pool of voters, Whether it's a presidential or non-presidential. There's al1 kinds of things. But those are the kinds of questions and answers we can address in 1991, looking forward to 992. What I'm simply saying is We all admit campaigns are too long and too costly. Let's cut the time down by thirty-three Weeks.

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

Mr. President, Ladies and Gentlemen of the Senate, I have always supported a September primary, ever since I've been here. However, I've supported it in -- in the base -- on the basis that it would be every September, not just one -- for one particular year. So I will be votin: Present, because if you had amended ik to make it a1l the way through, I would have been supporting i*.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dudycz.

Thank you, Mr. President. Just briefly to add that Senate Bill 1000 does not have unanimous support as we a11 are aware of. Just like to add that not only do the Cook County Republican Chairman and the State Republican Chairman oppose Senate Bill 1000, but even a Chicago congressman a Democrat, Congressman Bill Lupinski, is opposed to this bill, Senator Rock. And you referred Eo Minnesota and Massachusetts as having September primaries. You are correct. Buk some of our neighbors also have May primaries. I'd just like to add thak Indiana, Ohio and Kenkuckye a1l three have May primaries.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch.

22l  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslatkve Day May 25, 1989 Thank you, Mr. President. I support a September prlmary, and I will support it in any form and in any btll that I get an opportunity to support it, and including this one. I should point out to -- and I support it for the very reason that Senator Rock has referred to. I think it really ks the best tkme for our voters. We do have to do something to eompress thak kime period between the primary and the qeneral election. Admittedly, the major factor in participation is the interest in the particular campaign, and that can occur at any time, whatever the date of the electlon or anything else. The -- khe intensity of the campaign is the primary fackor that determines how many people are going to participate. But I think most of us do believe that we oughe eo, at least, do what We can to try to cuk down on both the length and the cost of campaigns, because we are really reachin: a crisis, I thinke in terms of the -- the amount of money that has to go into campaigns these Jays. Senator Geo-Karis, I would point out to you one thing, that -- I believe you are right. ïou have supported a September primary in the past, as have other Members on you side of the aisle, and know, 'cause I passed the bill out of here last Session. ïou Will get one more chance because Senate Bill 24, which I have introduced and Will be calling whenever we get back to it, is for a September prlmary also, and is a permanent one. So that if you really believe in a September primary, you vill get another opportunity to do that. In the meantime, though: I Would stronqly urge support of this bill as welly because I think it has a qood chance of getting out of here and gekting some atkentlon in the House, and we need to go to some date other than March.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Let the Chair point out to the Membership that the longer We talk, the more lights light up. Senator Sehuneman.

Thank you, Kr. Preskdent. Just two very quick poknts. It seems 222  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 to be hunan nature to think that some system that we don't use is better than the one that We do use. And Whtle I support the idea that probably our elections ought to be shortery occurs to me that the Legislature has: in past years, dabbled in changing our primary dates, and the one that I particularly remember was the one that took it out of March and then immediately the Leqislakure rushed to put it back ln March. And the other problem that seems very real to me -- you remember a few years ago when the -- in Adlai Stevenson's eampaign, when your primary was more or less taken over by people unfriendly to you: there was a lonq ongoing process of trying to determine what was goinq to happen and who -- who was going to be on what party ticket. And I'm not sure that there would have been ballots printed in a situation like that, had you only had two months to get it done. One other point, and that has to do with presidential primaries. Iowa is the earliestz I think, now -- or is it New Hampshire -- whichever. But theyfre both relattvely meaningless campaigns. The really big ones are Super Tuesdayg and wefre a part of that process. The presidential candidates come here. I think we have qn influence ln aelecting the presidential candidates, and we ouqht to think about that before we throw that process away.

PRESIDING QFFICER: (SENATOR LECHOWICZ) Senator Holmberg.

Thank you, Mr. President. I rise in support of Senate Bill 1000. In 1984, followinq a year of campaigning, our family had the opportunity Eo go to Sweden. Our three-week visit coincided with the election of the Prime Minister in sweden. We were there for the entire three-week campaign.

PRESIDING QFFICER: (SENATOR LECHOWICZ) Excuse me, Senator. Could we have your attention to show khe Lady. Your attention and courtesy. Thank you. 223  STATE OF ILLINOIS 86th CENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

Thank you, Mr. President. We were in Sweden for the entire three-week campaign for the Prime Ministery of Sweden. It Was interestïng to notice how the people focused on the election. They hurried home every night to see the debates on televtsion. They went downtown to the village square to meet the candidates or their representatives on a daily basis. They paid attention to what the media was saying, and they duly elected their Prime Minister. ln other Words, they did not allow themselves to be bored to death. I think this is what -- a gift that we can give our constituents.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Kustra.

Thank you, Mr. President and Members of the Senate. I think what really concerns me about the proposal before us, is the fact that you are placing in those critical summer months that very critical time When youêre asking voters across the State to devoee their enerqies and their -- their time to the candidates. In the last debatey on Whether We should have a May primary or not, seemed like most of khe discussion focused around what was convenient for the Legislature. I have no doubt that We can find a way here from January through late Sprin: to accommodate our schedules around some kind of a May primary. But what you do here by moving to a September primary is force voters, who are going to be on vacation, who are going to be with their children, who are going to be away from their TVs and their radios in many cases, to try to gek information when theyfre simply not around. I mean let's focus for a minute on what -- what the electronic media does over the summer. We know for a fact that the reruns start in May. They start in May for an obvious reason - because the folks are gone. The folks are gone over the summer. They don't watch TV. 224  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 They 're not captives to the electronic media the way they are the rest of the year. So what you're doing is putting an election at the precise time when you're going to lose the attention of people. Senakor Rock: I'm not going to dispute your -- your figures on turnout. I don't Ehink turnout is necessarily the issue. You may be able to prove Ehat at some prior time in hiskory, the turnout Was almost what it was in a March or a May primary, but I would question seriously whether or not the quality of the attention time Which voters devote to an election is going to be as great in June, July and August as lt is in the first six months of the year. That's the problen created by khis billz and it's the reason why we ought to learn to crawl before we Walk. We ought to go with the May primary, see how that works, before we move to khis gargantuan step, which I think is going to just disenfranchise a 1ot of people.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Cook, Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I skand on a poin: of personal privilege. We have visiting with us today, on on the Democratic side of the gallery, the young people from the Fuller Elementary School. Mrs. Carruthers is in charge of them and they live in my district. May we receive them.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Would you please stand and be recoqnized. Welcome to Springfield. Any further discussion? Senator Rock, to close .

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I think it's obvious I'm not going to change any ainds, but I feel kn fairness I should reply to some of the things that have been said. Senator Kuskra, I think your analysis about quality time during a campaign just simply sells people short. ïou and I b0th 225  STATE OF ILLINOIS 86th GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 know, having been across this State as we both have, that there is no better time frankly for a candidate to get out on the county fair and picnie circuit then there is during June, July and August. Unfortunately, wedre stuck here in June, and mose of us can 't do it. But the fact of the matter is this bill doesn't mandate anybody to buy quality TV time. What wedre trying to do is cut down the cost. And I would suggest that your analysis just really falls short. Wedre trying to find an election date that truly is convenient for people. And Senator Dudycz: just to counter -- -- I'm well aware that Mr. Dvorak has come out against this. Mr. Dunne, however, is fully in suppore of it, as are the other members of the Central Committee and the Township Democratic Committeemen. And Bill Lupinski happens to be a very close friend of mine, and he did send me a lenqthy letter explaining why he thought this was not a good idea. And the sum and substance of is, if you want to listen to him , youlre voting wrong, because he says, ''This bill favors Jim Thompsonls reelection.'' Pure and simple. And I Wrote him a letter back and I said, ''Dear Bill, I don't agree with that: but if that's your opinion, God bless you.' The fact of the matter is the electton authorities, that some are concerned about, had a meetinq, and about twenty of twenky-five of their board of directors endorsed this idea. There is no formal endorsement from that organization beeause it was not unanimous, nor did I expect it to be. :ut khe fact of the matter is the election authorities are are well able to handle this. And I wish and I Ehink Ehak only underscores why did not deliberately deal with 1992. We will get to the presidential beauty contest. And, Senator Schuneman: I don't want to take us out of that system, but I think it's fair to say that qvery political analyst that has taken a look at Super Tuesday realizes it was a futile effort, and I doubt that that effort will be repeated. The Southern states are now in the process of 226  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25 g 1989 dkssembling that. Knd well they should. Ladies and Gentlemen, think this is an opportunity to give the people a break, to make the campaign less costlyy to make the campaign in a shorter, more definable period. We can a11 adjust. And I Would urge an Aye vote on Senate Bill 1000.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Question is, shall Senate Dill 1000 pass. All in favory vote Aye. All opposed: vote Nay. The voting is open. Have a1l voted who Wish? Have a11 voted who kish? Have a11 voted who wish? Clerk will take the record. 0n this question, there are 31 Kyes, 22 Nays. This bill, having received the eonstitutional majorityy is hereby declared passed. Senator Dudycz: what purpose you seek recognition?

I'm sorry, Mr. President. I'd like to verify the affirmative vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Please verify khe affirmative vote. A Senator has requesked verification. Wi11 a11 Senators be in thekr seat. The Secretary will read the affirmative vote.

The following Members voted in the affirmativel Alexander, Berman, Brookins, Carroll, Collins, Daley, D'Arco: del Valle, Demuzio, Thomas Dunn, Hall: Hawkinsonp Holmberg, Jacobse Jones, J .E. Joycet J.J. Joyce, Kelly, Lechowiczx Luft, Netschz NeWhouse, O 'Daniele Rea, Savickas, Severnse Smith, Vadalabene, Welch, Zito and Mr. President.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Are there any questions of the affirmative vote? Senator Dudycz? The roll call stands as -- as stated. 31 Ayes, 22 Nays, 6 recorded as Present. This bill/ having received khe constitutional majorityz is hereby declared passed. The Lady from 227  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Macon, Senator Severns, what purpose you seek recognition?

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Please proceed. Whatds your point?

Thank you. It's my honor today to have from Decatur Dan Ksic> (Donald) Sauer and a friend of his, Mr. Sergey (Yavortchuk), who's viewinq our legislative process, and he is from Leningrad. I'd like the Senate to join me in welcominq Dan <sic> (Donald) Sauer from Decatur and Mr. Sergey (Xavortchuk) from Leningrad.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Welcome to Springfield. Would you please stand and be recognized. 1004. Senator Schuneman. Read the bill.

Senate Bill 1-0-0-4. (Secrekary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

Thank you, Mr. President. Senate Bill 1-0-0-4 is a Department of Insurance bill. Makes a number of changes to the Insurance Code, many of which are housekeeping and technical. 1111 tick off a few of the things that are involved, and there are any questions, be happy to respond to them. This bill makes numerous changes to update and improve the performance and administration of the Life, Accident and Hea1th Guarantee Fund. It expands coveraqe under the Guarankee Fund to policyholders whose benefits are provided by a company who, at one time was licensed in Illinois, but subsequently was purchased by a company licensed 228  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25e 1989 in other states. This Would intend to work in a situation like the First Columbia failure situation. The bill expands coverage under the Guarantee Fund to include guaranteed investment contracts sold to individuals or pension programs, provides for the protection of policyholders when their company merges with an unlicensed company. Ik adds and authorize grounds for discipline of a producer, and creates a new fees filing schedule for filing of policy forms with the Department. And to avoid retaliation by other states against Illinois companiesz the bill creates an offset of that filing fee against the taxes paid by foreign companies. If there are any questions, 1111 be happy to respond.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Any discussion? Senator Jones.

Thank you, Mr. President. Wil1 the sponsor yield?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he Will.

Senator Schuneman, per our discussionz you do plan to have this bill amended in the House to clear up some of the the problems that we have With 1t?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

Yes. Thank you, Senator. I should have mentioned that -- that there have been some onqoing negotiations. And al1 the items, I think, are agreed upon now. We were qoing to amend this bill in the Senate before we passed it out, because -- but because of our schedule here, Wefre unable to do Ehat. I pledge to you that this bill will be amended in the House to make those changes.

PRESIDING OPFICER: (SENATOR DEMOZIO) Senator Jones. ...lmachine cutoffl...shall Senate Bill 1004 229  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 pass? Those in favor will voke Aye. Those opposeds Nay. The voting is open. Have all voted Who Wish? Have all voted who wish? Have all voked who wish? Take *he record. On that question, the Ayes are 55: the Nays are none, none voting Present. Senate Bill 1004, having received the required constàtutional majorlty, is declared passed. 1007: 1008, 1010, 1012, 1013 are on the Agreed Bill Lisk -- so -- Gecond Agreed Bill List. 1015. Senator -- Dunn. A11 right. On the Order of Senate Bills 2nd -- 3rd Reading, Senate Bill 1015, Madam Secretary.

Senate Bill 1015. (Secretary reads title of bi11) 3rd Readin: of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Dunn.

Thank you: Mr. President and Members. Senate Bill 1015 amends the Oil and Gas Act, expand the authority of the Department of Mines and Minerals relative to fees and conditions of temporary abandonment of wells. An amendment took out most of the stuff about the temporary abandonment of wells, but the authority to regulate the construction and prescribe safety standards for operation of oil shafks when workers are required underground. There are two oil shafts in Illinois noW that are big enough shafts that people go down in them, and thus they decided -- and we think it comes under the purveyance of the Department of Mines and Minerals, and this takes care of that. And it has some other things -- a hundred-dollar fee for -- they continued a hundred-dollar fee for the abandonment of mines of -- of Wells and mines. I'd be happy to answer any questions, and urge passage.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 1015 230  STATE 0F ILLINOIS 86th GENEDAL ASSEMRLY REGULAR SESSION SENATS 'RANSCRIPT 36th Legislative Day May 25e 1989 pass. Those in favor will vote Aye. Those opposed: Nay. The votinq is open. Eave a11 voted who wksh? Eave all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 57, the Nays are none, none voting Present. Senate Bill 1015. having received the required constitutional majoriky, is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bill lQ16. Madam Secletary, read the bill, please.

Senate Bil1 1016. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICSR: (SENATOR DEMUZIO) Senator Ralph Dunn.

Thank you, Mr. President. Senate Bill 1016 provides to amend, relative to verification of documents -- it omits the need for notarization of some documents that are filed with the Deparkmenk of Mines and Minerals. And it provides certified copies to the the Department of Records to the courts, so that there won't be so many of the members of the Department havinq to go to court all the time. These two -- and 1'11 be glad to answer any other question. And I'd urge approval of Senate Bill 1016.

PRESIDING OFFICER: (SENATOR DKMUZIO) Diseussion? If not, the question is, shall Senate Bill 1016 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who wtsh? Have all voted who wlsh? Take the record. On that queatlon, the Ayes are 57, the Nays are none, none voting Present. Senate Btll 1016, having reeeived the required eonstitutional majority, is declared passed. 1029, 1030 on the Agreed Bill Lisk. 1032. Senator Barkhausen. On the Order of Senate Bills 3rd Readin: is Senate Bi11 1032. Madam Secretary, read Ehe bill. 23l  STATE OP ILLINOIS 86th GENEKAL ASSIMALX REGULAR SESSION SENATE TDANSCRIPT 36th Legisla#ive Day May 25, 1989

Senate Bill 1032. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Barkhausen.

Mr. President and Members, this iu a Department of Insurance bill that would require, as of January 1, 1990, auto insurance companies to issue loss information to their insureds wtthin kwenty days of a written requesk. It further provldes that repeated failures to comply With this requirement vill be considered an unfair trade practice, subject to penalties under the Insurance Code. It does a few other technical things that I'd be happy to address if anyone has any questions about them, otherwise, I'd ask for your support.

PRESIDING OFFICER: (SENATOR DEMP2IO) Dàscussion? If not, the questkon is, shall Senate Bkll 1032 pass. 'hose in favor will vote Aye. Those opposed, Nay. The voting ks open. Eave a11 voted who wish? Eave all voted who wlsh? Have all voted who wish? Take the record. Qn that question, the Ayes are 54e the Nays are none, none voting Pzesent. Senate Bill 1032. havtnq received the required constitutional majority, is declared passed. 1G3S, 37, 38 are also on the Agreed Bill List. 1040, Senator Welch? On the order of Senate Bills 3rd Reading is Senate Bil1 1040. Madam Seeretary.

Senate Bill 1040. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Weleh. 232  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25, 1989

Thank youg Mr. President. The next tbree bills deal With utilities. Senate Bill 1040 deals with the issue of shadow audits. The passaqe of this bill would resulty ke believee in the savings of at least sixty-two mkllion dollars for consumers. What this bill doesv is prohibit the Illinois Commerce Commission from forcing customers to pay for shadow audits of electric power plants conducted for tbose utilities. In 1984 we passed a 1aw requiring the Commerce Commission to audit the cost of building power plants before those costs could be passed on to customers. And also they were told to exclude imprudent or unreasonable costs. The utilities pay for those audits, but ehey can recover those expenses from customers.

PRESIDING OFFICER: (SENATOR DEMUZIO) Pardon me. Thisdll go a 1ot faster if we have some order. Senator Welch.

Utilkties have begun doin: what we call shadow audits. Meaning they have an extra audit in addition to the one mandated by the State of Illinois. The utilities then use this audit to dispute the Illinois Commerce Commission audit, that We mandated to be imposed. This bill would not prohibit the utilities' own audits or limit their ability to dispute the State-mandated audits that ehe ICC conducts. However, whak we are trying to prohibit is the double-charging of customers for Ehese audits. Currently, Commonwea1th Edison has anticipated sixky-two million dollars in costs from one single case where khey reaudited something that the Illinois Comnerce Commission did. What the utilities are asking to do here is to have us pay for both the prosecueion and defense of a case before the Commerce Commission. I would move for adoption of the bill, and I would be glad to answer any questions.

PRESIDING OFPICER: (SENATOR DEMUZIO) 233  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Discussion? Senator Macdonald.

Mr. President, I rise in opposition to this bill. 1040 would discourage the utilities from -- constructton cost auditing, Which ks a key management -- tool that controls costs. The ICC has the power to prevent recovery of unreasonable costs. Thatls why they are established, and think that thatgs the way it should be left. I don't think that this bill is necessary, and I am opposed to this legislation. PRESIDING OFFICER; (SENATOR DEMUZIO) Question is -- I'm sorry. Purther discussion? Senator Welch may close.

Well, Mr. President, that just il not the case. What welre doing here is not discouraging utilities...

PRESIDING OFEICER: (SENATOR DEMUZIO) . . . I' m sorry. What's the problem, Senator Keats? Senator Maitland, what -- What's up? Senator Maitland.

I'm sorry, Mr. Fresident. I Was off the Floor. I I would like to -- I'd like an explanation of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, the gentleman's closing. Senator Weleh may continue to close. I$m sorry.

I'm sorry, Senator. I'd explained in -- in quiEe a bi* of detail.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis, for what purpose do you arise? SENATOR DeANGELIS: Was not closing. He you were about ready to ask him to close. And I think if Senator Maikland... 234  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OFFICER: (SENATOR DEMDZIO) No. No. SENKQOR DeANGELIS: ... this is a critical bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) No. As a matter of fact, if you'll read the... SENATOR DeANGELIS: . .. And I think you ought to give him the opportunity to explain himself.

PRESIDING OFFICER: (SENATOR DEMUZIO) ... îf you'll tead the transcrkpt, Senator Dehngelis. I be9 your pardon. I said' NFurther discussion?'l I saidp ''The gentleman may close.'' There's -- there's no intenkion to cue off anybody. Just trying to move the proeess along. Senator Welch.

Well, let ne explain. The bill is very straiqhtforward. In 1984, what We did Was we mandated audits by the Illinois Commerce Commission. Well, if they don't want to listen, then I -- I can't force them to listen. But in response to Senator Macdonald's argument, we are not discouraging audits. What welre saying is, you can audit these companies a second time, but don't just go ahead and charge the consumer for two audits. We only -- we mandated one audit because we thought one audit was enough. You can get -- you can audit a eompany to death. The idea that the Commerce Commission will automatically not allow the second cost of the audit is erroneous. They Just allowed thirty-seven million dollars in one case to be passed on to -- to all of us, to us consuners of utilities, Which shouldn't have happened. Why should we pay for both the first audit that the State has mandated and then a second audit that the company thinks is necessary to fiqht the first audit? It doesn't make sense. Voting for Ehis bill will save consumers in the State of Illlnois at least sixty-two million 23S  STATB OF ILLINOIS 86th GBNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36t* Legkslatkve Day May 25, 1989 dollars now, and even nore millions in the future. l would urie an Aye vote.

PRESIDING OPFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 1040 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who Wksh? Have a11 voted who wish? Have all voted who wish? Have all vobed who wish? Take the record. On that question, the Ayes are 29# the Nays are 18# 4 voting Present. Senate Bill 1040, having failed to receive the required constitutional majority, is declared lost. Senate Bills 3rd Reading is Senate Bill 1041. Madam Secretary, read the bill.

Senate Bi11 1041. (Secretary reads title of bi1l) 3rd Readinq of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senaeor Welch.

Thank you, Mr. Presidenk. Senate Bill 1041 deals Wlth customer refunds of utility bills. What the bill would require is the -- the Illinois Commerce Commission order a utility to refund khe full amount of overcharges collected by the utility if a court finds the utility's rates to be excessive. The utility rate increase granted by the Commerce Commissàon takes effect kmmediately. If it is later reversed by a court on appeal and remanded for reconsideration to *he Commerce Commission, then the Illinois Commerce Commission must reconsider its decision and set a lower price. Part of the nonies collected by the utiliey from the Illinois Commerce Commission's initial decision until its final action after reconsideration are therefore excessive and should not be refunded to customers -- and should be refunded to customers, excuse me. Current 1aW does not require the full amount 236  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 75z 1989 of monies to be refunded. The ninety-million-dollar savings that this bill will provide eo customers in this ease would come from a single Commonwea1th Edison rate increase reversed by the State Supreme Court and now pending before the Illinois Commerce Commission. In addition to this ninety million dollarsr additional savings are possible. What this bill does, it says that money that shouldn't have been charqed consumers in the first place goes back to those consumers. I would be glad to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right, Senator Welch. Is there discussion? Question is, shall Senate Bill 1041 pass. Those in favor will vote Aye. Those opposed, Nay. The votinq is open. Have al1 voted Who Wish? Have al1 voted who Wish? Have al1 voted who Wish? Take the record. On that question, the Ayes are 4l, *he Nays are lly 4 voting Present. Senate Bill 1041, having received the required constitutional majority, is declared passed. On the Order of Senate Bills 3rd Reading, bottom of Paqe 27, is Senate 3i11 1020 -- I'R sorry. 1042, Madam -- Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1042. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. This bill concerns natural gas take-or-pay costs. What the bill is going to do ls reduce the burden on Illinois households for the cost of interstate pipeline, companies are now passing throuqh to gas utilities in the State. The Federal Energy Requlatory Commission last year decided to 1et interstate pipeline companies charge their customers for part of the contractual obligation the pipelines incurred to either take 237  STATZ 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25: 1989 or pay for natural gas from gas producers contracted for during the l970s. Illinois utilities have been hit for over four hundred million dollars that they have to pass on to consumers. The question is, which consumers are going to bear that burden? Eurther increases that -- ln that amount are eoming. We expeet the take-or-pay burden in Illinois to be over one billion dollars. The Commerce Commission has deeided to 1et gas utilities pass along these charges to their customers over the next three years. In 1989, customers in Illinois will pay over one hundred and ninety million dollars. What this bill intends to do is to shift the burden of paying for those take-or-pay costs to those companies that benefited most when the prices of :as went down. Thts isn't a question of whether we 're going to pay these extra costs that utilities are goin: to place upon us. It's a question of who is going to pay for it. Under this particular bill, whak we're saying is that anybody in the State above two thousand thermal units will begin to pay. What we're trying to do is say that those companies who benefited in the 1970s, when these contracts were entered into with companies in Oklahoma, Arkansas and Texas for low natural gas prices and kheydre noW coming back on-line because gas prices have stabilized: pick up the cost that they shifted or are trying to shift to those of us Who had to remain on the pipeline. Those of us who had to remain on the pipeline are those of us with residential homes and small businesses. And what this bill akkempts to do is to shift that burden to those Who can bear 1t, and those who are responsible for it, and received the savlngs from it. I'd be glad to answer any questions.

PRESIDING OPPICER: (SENKTOR DEKVZIO) All right. Discussion? Senator Maitland.

Thank you, Mr. Presàdent, Members of the Senate. Senator Welch, I understand and 1 know what you're trying to do. What 238  STATE QF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslatkve Day May 25, 1989 concerns me here is as we -- We shift these burdens - and that's What Wefre doing, we're taking ehe rate away from or stabilizing the ratey if you will, with the low -- the 1ow users and putting them on people Who are the higher -- the higher users. Whak concerns me is when we do this, we simply -- they will pass that cost on to the consumer. They absolutely will. It's a cost of doing business. The utility bills are a cost of -- of doing business. And -- and we simply find that that they'll be passing that on to the consumer in higher prices and what have you. It's the old saying, ''Corporations don't pay taxes; *he people do.'' I mean it's skmply the way it is, and by shifking khis burden at least When the rates are therer it's an absolute, and you know what it is. When you shift artificially, seems to me that -- that larger users are simply going to be passing that burden back to the consumer, and I just simply think thatls the wrong approach. And khat We might be hurting the consumers rather than helping khem. And I kould rise in opposition.

PRESIDING OPPICER: (SENATOR DKMUZIO) Further discussion? If not, Senator Welch may close.

Well: let me just say this. Not all costs of government by way of taxes are passed on to Illinois consumers or consumers àn general. A lot of these companies that benefited are the major companies who have business throughout the countryy not just Illinois. So the incidence of kaxation is no* going to fall just on Illinois eonsumers, Senator. I would point out that when you say that there has to be a fairness here: the -- initkally when the costs Were incurredy there was no fairness at al1 and there was no eonsideraeion by khose utilities that Went ofC the pipeline and bought gas -- gas dàrect from Texas or Oklahoma . They didngt care about fairness then. They Were saving money. Nowz artificlally, the Commerce Commission has mandated that the cost 239  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 be borne fifty/fifty between residential consumers, many of whom are unable to -- to afford this, frankly. They can'k afford the extra money. We just had a rally down in the rotunda yesterday, I believe it was, for individuals on fixed incomes who say no higher utility bills. If you vote No on this, you're votinq for hiqher utility bills for those individuals. That's the fact of the matter. And I would urge an Aye vote on this.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall 10 -- Senate Bill 1042 pass. Those in favor will vote Aye. Those ogposedz Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On ehat questions the Ayes are 31, khe Nays are 25, l voking Fresent. Senate Bill 1042, having received the required constitutional majority vote, is declared passed. Page 28. 1047. Senator de1 Valle. On the Order of Senate Bills 3rd Reading is Senate Bill 1047. Mr. Secretary, read the bill.

ACQING SECRETARY: (MR. HAQRY) Senate Bill 1047. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator del Valle.

Thank you' Mr. President. Senate Bill 1047 amends acts relating to the establishment of local health departmenks to provide that the Department of Public Hea1th require in its rules home visitation and other services to enhance the health of pregnant women, new mothers and infants. This legislation would expand upon the current home visit component of the Department 's perinatal program. Under this proqram, public healkh nurses make home visits to high-risk pregnant Women and high-risk infants 240  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25: 1989 discharqed from hospitals. This is an aktempt ko reduce ehe infant mortality rake in Illinois that is still very, very high. Infant mortality rates in Illinois are 11.2 deaths per one thousand births statewide. And in Chicaqo, 16.5 deaths per one thousand births. In some neighborhoods in Chicago it's as high as twenty-two per one thousand. This bill would require home visits and okher services to enhanee *he health of pregnant Women, new mothers and infants. And the bill is supported by organizations representinq women: children and public health issues. I ask for a favorable roll call.

PRESIDING OPFICER: (SENATOR DEMUZIO) Discussion? Senator -- Senator Topinka.

Well, Mr. President, Ladies and Gentlemen of the Senatey I I do admire the sponsor for trying to qet at what still is a very hiqh infant mortality rate in the State of Illinois. Por all prackical purposes, ae least at this momenk, this is not going to be a major cost to the State, because we are shifting it wholesale onto our local health departments and county health departments. And wekre talking abouk a significant unfunded mandate. Somewhere they 're going to have to make up this cost, and we 're kalking about two million eight hundred and sixty thousand dollars. At this point, khe Stake eertainly doesn't have any money to back them up in this. Eventually, I think: probably ke'd have to seek additional fundin: fron the Department of -- of Public Health from the Basic Health Services Grant. The money just isn't there now. It's a commendable program, but I think, you know, if you have any touch with your local health departments and county health departments, you'd want to check With them first before you might want eo pue an affirmakive on this vote.

PRESIDING OFFICER: (SENATOR DCMUZIO) A1l right. Further discussion? Senator Watson. 24l  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislakive Day May 25, 1989

Thank yous Mr. President. A -- a question of the sponsore please.

PRESIDING OFFICER: (SENATQR DEMUZIO) Sponsor indicates he will yield. Senator Watson.

After hearin: the previous speaker, Senator, is that corrected to local health departments are going to be required now to pay?

PRESIDING OFFICER: (SEXATOR DEMUZIO) Senator de1 Valle.

The rules would require increased home visits. Nowy there is a queltkon about the additional cost of that. I don't belie/e that that additional cost is the cost indicated by Senator Topinka. But we are talking about increased home visits in order to save lives of infants.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Well, I certainly can understand, Senator, the value of khe visitations. And I#m sure what you're referrinç to could have many benefits, but -- but the problem is somebody has to pay. And who's going to pay is going to be the local taxpayer. In my particular case, it's the Bond County Health Departmente where I live . They don't have enough money nou to prozide the services that they'd like to. And We'd a1l like to have as much and as many services as we can, but somewhere we have to draw a line and say that enough is enough, or at least if we aren't going to provide the revenue and the funding sources, then we shouldn't require the health department to provide those services without the additional dollals. I'd rise in opposition. Thank you.

PRESIDING OFFICER: (SENATOR DEMUZIO) 242  STATE QF ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25, 1989 Further discusskon? Senator Smith.

Thank you, Mr. President and Ladies and Gentlemen of the Senake. I stand in strong support of thisy because this is sorely needed. It's nice to stand up here and say itfs too much money: not enough money and all of that. Babies are still being born . And babies are still suffering in these hospitals. And if we, as a State Assembly, can do anything to lessen the pain that these babies are goin: through, because after all: babies do not ask to come in this world, but We can apply to them. If We can find monies and hundreds of thousands of dollars to put up lnstitutions and buy uniforms and thinqs like that for our young people, babies Who did not ask to come into this world, We certainly ean think in terms of them. And I certainly support it, and hope that you will give him a favorable voke.

PRESIDING OFFICBR: (SENATOR DEMUZIO) Further discussion? Senator Fawell.

Thank -- thank you very much. I happen to serve on the Infant Mortality Death Task Force. And -- and there are some things that we should be doing. I I'm -- this isn't one of them. Franklyr what we need is -- we need to give more help to the women who -- the young Women who are pregnant, by making sure that there is medical help durinq their pregnancy. One of the problems thae we've got is that the doctors are refusïng to take a 1ot of these hiqh-risk preqnancies because of the insurance probleme and khen, Trankly, we're -- wedre paying them a pittance. Weere paying them sonething like six hundred dollars a pregnancy. That's one of the things We should be dealing with. A lot of these are young girls. The average age of a -- of a -- of a unwed mother now in thàs State is fourteen. Fourteen. That means she got pregnant When she was in eighth grade. The average age of khe father is fifkeen. 243  STA'E OF ILLINOIS 86th CENERAL ASSEMBLV REGULAR SESSION SENATE TRKNSCRIP; 36th Legislative Day May 25, 1989 That means he 9ot her pregnank when be was a freshman in high school. Those are children having children. Their bodies are not ready to have those children. They are high-risk pregnancies. Going to their homes isn't going to solve ehe problem. What we need is qood medical care. And I'm not talking about nurses; I'm talking about obstetricians. And obstetricians are expensive. And we need those khae specialize in that type of care. And sending a nurse to a -- to a -- a qirl who is an unwed mother, or even is a -- is a -- a wedded mother who is at risk isn't going to solve the problem. Let's -- let's work on this, but let's do it the rkght Way. PRESIDING OFFICER) (SENATOR DEMUZIO) Further discussion? Senator Hall.

Thank youw Mr. President and Ladies and Gentlemen of the Senate. It's really sbockinq when We come here and think that we can spend all this money to protect whales - to get them out from under the ice. We can do a11 this thin: for S & Ls, Who just literally took billions - billions of dollars. And we can't find money to save lives? We call ourself a proqressive State, and welre lower than the State of Kkssissippi? It's just shocking to sit here to think that life - we say a prayer every day - Webre a11 so holy - welre doîn: al1 these things, but when it comes to take the life -- think about your own children. What's greater than life? It's just shocking to sit here and to say, 'Where's the money going to come from?'' We find money for everything else. We found money for -- just name it. Al1 these buildings around here. All these homes around here. A1l these things we -- Wefre putting for posterity. And I'm looking over there. Right: Senator? Xou're from this district. If you give him any more, this place will sink. And there won'e be enough to keep him. Every time I look, he's qot something to testore. Well let's begkn to save some 244  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25g 1989 $ lives. It's a shocking, shocking thing. I'm just shocked to think that we have to have a question, and the ultimate question isy . where's the money going to come from. Well where does the money come from for everything else around here? I'm -- want to ask you for an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator -- Senator de1 Valle may close. All riqht. Just a moment. Further discussion? Senator Brookins.

Thank you, Mr. President. I'm sorry for being emotional. But this is one tbat's close to my bearty because I'm the guy that bury khe babies. They are dying. And we bury them every day. And the reason that they're dying is because there's no one out there to protect them. Senator Hall was right When they said that we stand down here and we pull billions and billions of dollars down what some people call rat holes. We just pull the money downg and they take it and run. Billions of dollars. But when it come to saving lives - when it come to prevenkinq - When it comes Eo doing khings that help our fellow man, we seem to want to know where the money ks. Wherets the money coming from? 1911 tell you where the money 's coming from. Next week We will have a bill before us that's going to double the money in your towns. In your towns. And that's where the money is going to come from. That's what We're talking about. Yesy we need this bill. ïes, We need to prevent the death of these young babies -- and babies and the young people EhaE's having Ehe babies. And that's what it's al1 about. And I ask an Aye vote on this.

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Further discussion? Senator Collins. Purther discussion? Senator Watson, for a second time.

Yes. I -- I apoloqize for rising a second time, but I couldn't 245  STATE QP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 let the previous speaker get by With what -- what he just said. In my county - and I think you were referring to me, you pointed over here at me - in my county, we have a Bond County Hea1th Department. They have a local tax rate by which we tax the county residents to -- to fund our tax -- our county health department, plus a State subsidy. What we're -- what you said that we're going to qet next Week is a municipal. That goes to my communities. It doesn't go to my county. It will not go to the health department. Those -- those funds kill have to come out of the local taxpayersl money and the pocket, not for anything we do next week. So that -- for what you said there was -- was -- was wrong, Senator.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Further discussion? If not, Senator del Valle may close.

Thank you, Mr. President. In 1985 Illinois launched the Infant Mortality Initiative. Today, we still find ourselves with an infant mortality rate that is comparable to those of Third World countries. And Senator Fawell, youdre absolutely right; there are services that are needed. Medical services that are needed. But one way to identify those services and to ensure khak those individuals are hooked up With those services is through these home visits. We need to make sure that tbese individuals are receiving a11 the services that are necessary in order to insure the health and safety of -- of these infants. It is extremely lmportan: Ehat we aqqressively continue to pursue our goal of reducing the infant mortality rate in the State of Illinois. We are not makinq as much progress as We should be naking. And I think it's up to this Body to ensure that we are doing everything possible at a State level, at a county level, at a local level, to Eake khe necessary steps to save *he lives of infants. And I ask for a favorable roll call. 246  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25, 1989 PRESIDING OFPICER: (SENATOR DEMUZIO) I Question is, shall Senate Bill 1047 pass. Those in favor will vote Aye. Those opposedz Nay. The voting is open. Have a1l voted ' who wish? Have a11 voted who Wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 33z the Nays are 22, none voting Present. Senate Bi1l 1047, having received the required constitutional majority, is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bill 1059. Senator Luft. Madam -- Mr. Secretary: Senate Bill 1059.

ACTING SECRETARY: (MR. HARRX) Senate Bill 1059. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Luft.

Thank you, Mr. President. Senate Bill 1059 expands the extent of the Illinois Income Tax exemption of the Illinois Development Finance huthority's Ievenue bonfs. Presently the interest paid on the bonds issued under the Authority 's Local Government Assistance Program is exempt fron Illinois Income Tax. This bill Will extend the exemption to the Economic Development Revenue Sonds of the . I Authority. And this action that I hope we take today is consistent with the exemption provisions that we have granted already -- the Illinois Housing Development Authority and the Quad Cities Development Authority. The exempEion is needed. It is felt to expand the marketability of the Development revenue bonds.

PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Question isp shall Senate Bill 1059 pass. Those in favor will vote Aye. Those opposed, Nay. The voting's open. Have a11 voted Who wish? Have a11 voted Who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 247  1 . STATE OF ILLINOIS 86tb GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT ! 36th Leqislative Day May 25, 1989 56, the Nays are none, l voting Present. Senate Bill 1059, having received the required eonstitutional majority, is declared passed. 1061. Senator Newhouse. On the Order of Senate Bills 3rd Reading is Senate Bill 1061, Mr. Secretary. ACTING SECRETARY: (MR. HAKRY) Senate Bill 1061. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Newhouse. SENATOR NEWHOUSE: Thank you, Mr. President, Senators. This.o.this is a bill that goes to animal..vexperimentation, and I am sure ik's not without some coltroversy. The intent of this bkll ks to prevent the use of live animals in certain irritancy tests for cosmekic or household products. I have gotten some letters on both sides of the kssue. I have qotten no real feedback from the industry except that the initial presentation of the bill. I would answer any questions that might be...might surface from the Body and be pleased ko answer them. PRESIDING OFFICER: (SENATOR LUFY) Discussion? ...Discussion? Senator Alexander. SENATOP ALEXANDER: Thank youe Mr. President. To my colleague, Senator Newhousey 1...1 have supported you in all your endeavors here in the senate. Hokevere I feel that the use of animals: and I am an animal lover. Ilve owned dogs; I've got cats and kittens everywhere around ny home, presently. And I think their usage for experiment or for whatever is needed khat will save a human lifez or an allergy...coming upon a human individual, is more precious than an animal at this time. I do not go wikh exkreme harm , or injurious types of experimentaEion on animals, but I Will have to vote 248  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25: 1989 against you in opposition on this particular aspect.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Geo-xaris.

Well, Mr. President, and Ladies and Gentlemen of the Senate. I'm in the same position as Senator Alexander. I have a dog myself. I don't want to see it mistreated. But if we have to decide whether we're going to worry about the animals or about the humans, who comes first? When you talk about cosmetics, tests for...cosmetics, that's for irritations. I mean, they can be very dangerous, if we don't have proper research on them. We talk about items to be used as household products; they too can be very dangerous to people if we don't have adequate research on them. So, if...if we can't exactly research some on humans to begin with, we're going to have to use animals. And it's not that we want to be cruel, because I don't even want to see anybody hit a...kill a fly in my presence. However, we have to make a distinction. And although the proponents of the bill have been very articulate, What is the final basks? Do Ne experiment with animals, or do we experiment kith humans for the safety of humans? And I feel that I...wil1 be constrained ko vote against the bill on the basis that I feel it's more important to help research to improve the life...the plight of humans.

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

Question of the sponsor.

PRESIDING OFFICER: (SENATOR LUFT) He indicates he will yield.

Senator Newhouse, are there any alternative methods of testing other than using live animals, that you know of? 249  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25, 1989 PRESIDING OFPICERI (SENATOR LUFT) Senator Newhouse.

Senator, I'm glad you asked that questkon. Yes, there are alternative.poalternate testlng methods. But let's get to the issue of harm and of necessity. What wedre talking about here is not minor kinds of testing. We're talkinq about dropping for example, live destructive products into the eyes of animals. Nowy what they will tell you, on the other side, is that they don't really cause any harm. They don't feel this. Well, khere is some anesthetic...anesthesia used. But after you, for exampley destroy the cornea of the eye, you can't tell me that no harm has been done. Wedre talking about the kinds of tests that...that must necessarily...must necessarily harm substantially animals. Nowt let me clarify one thkng. I'm a farm kid. So, 1...1 can understand that a 1ot of things that you do that you don'k like to do, even though you love animals, that some harm does come along the line. What we're talkinq abouk here is unnecessary types of experimentation for cosmetic purposes. Nowz to us, thak simply doesn't make sense. So, talk about cats, talk about dogsr talk about your love, the fact is that What we're doing is damaging some creatures in order to put together tests on somekhing for whieh there ought to be alternative methods of judgment.

PRESIDING OFPICER: (SENATOR LUFT) Purther discussion? Senator Weaver.

Senator Newhouse, I have a letter here from the Deparkment of Health and Human Services, stating that the...that most tesks are carrked out by usknq only the smallest number of animals necessary ko assess consumer safety. Are you sayin: that this is not a general practice?

PRESIDING OFFICER: (SENATOR LDFT) 250  STATE OF ILLINOIS 86th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senator Newhoule.

Senator, I wish I had that same letter, so I could have raised the question with them. That is, thatds.w. thatls the heart of the matter. It is absolutely essential, and must the kind of damage and destructiveness be done to animals as is currently the case? The case can be made, 1 think, that it is not essential that the tests that we do make are the only vay to protect the general public. Now, in the case of...of the non-cosmetkcs, you make one case, because soaps and the other kinds of things and what are absolute necessities rather than...than. . , than, I shouldn't use khe word frivolous. other than the cosmetic kinds of things. But we're talking about damage that's done permanently to animals to do...to produce these products. PRESIDING OFPICERI (SENATOR LUFT) Further discussion? Senator Brookins.

Thank you. Senator Newhouse, I'm a dog lover, and an animal lover and et cetera. BuE I do know, and I can remember in history that the people that they usMally ran them tests on: to answer Senator Weaver's question is, usually was prisoners and very poor people. And Ild hate to think that we would result to have to go back to the old days where you give a guy a little time off if he Would become a guinea pig, because 1 understand noW Who the prisoners are and who's in all them jails, and I'd hate to have to go back to use prisoners aqain, senator Newhouse.

PRESIDING OPPICER: (SENATOR LUFT) Further discussion? Senator Kelly.

Thank you, Mr. President, members of khe Senate. I rise to support this bill. I just saw on ...television last week a documentary on TV about the black marketing that's going on With 2Sl  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslatkve Day May 25, 1989 animals. That, in factz there's advertisements beinq placed in the papers across the country advertising that they Will place animals in good family...family settings. And people are, in good conscience, giving their animals over to these individuals who are selling these animals to individual companies for experiments. It's...theze's really somethîng wrong în this area: and we ought to be looking at it. I think this is an excellent bill to support.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? If not, Senator Newhouse to close.

Thank you, Mr. President, Senators. I would simply close by saying that What We're doing is sacrificinq some of our own humanity in the process of talking about cosmetics. There is nothing..athere is no reason why the scientific community cannot have better methods, if they don't already have them. This is a cheap method of doin: business. And to me, it ought to be...abolished. Itds...it's inhumane. It is an example of man 's inhumanity to man, for all practical purposes. I Would solicit an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR LDFT) All right. The question is, sball Senate Bill 1061 pass. Those in favor Will vote Aye. Those opposed vote Nay. The voting is open. Have all voted who kish? Have a1l voted who wish? Have a1l voted who wish? Take the record please, Mr. Secretary. On that question, the Ayes are 27, Nays 28# 2 voting Present. And Senate Bi11 1û61, havkng not received the required constitutional majority: is declared failed. On the Order of 3rd Readinq is Senate Bill 1065. Senator Vadalabene. Read the bill, please, Mr. Secretary.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 1065. 252  STATE OF ILLINOIS 86th GESERAL ASSEMBLX REGUDAR SESSION SENATK TRANSCRIPT 36th Legislative Day May 25, 1989 (Seeretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFPICER: (SENATOR LUFT) Senator del Valle Senaeor Vadalabene.

Yes. Thank you: Mr. President and Members of the Senate. Senate Bill 1065 would allow Fairmount Racetrack, only: ehe ability to open a third off-track betting parlor. Presently Fairmount has opened here in Springfield, and we a1l supported this bill. And we'll have ready, toop later in July, the second parlor in deep southern Illinois in the town of Grayville. The reason that we have limited this bill is because this track is located in southern Illinois, and whereas we have the same area limitations as every other track. We do not have areas of dense population. Consequently, We cannot compete with tracks located in more favorable populated areas. Fairmount has proven --

PRESIDING OFFICER: (SENATOR LDFT) Excuse me, Senator. Ladies and Gentlemen, can I please have your attention? It's getting so we can't hear the sponsor of the bill, so if we eould hold it down I'd appreciate it very much. Proceed, Senator Vadalabene.

Fairmount has a proven record in its efforts to cooperate with khe eommunities that it presently serves. It stinulates the economic qrowth in our small communities by bringing in a new industry which purehase was hired local -- which purchases and hires locally, and further aids the community in the local county taxes raised in its normal operations. As an example, here in Springfield the taxes accumulated for Sangamon County and the Clty of Springfield -- for Sangamon County and the City of Springfield was approximately three hundred thousand dollars apiece in taxes. Now this biil was on the Agreed Bill List and for some unknown 253  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25, 1989 reason, it was taken off. And I remember -- I remember a stage play ehat said, ''Money is like manure; it doesn't do anyone any qood unless it's spread around.'' And I Would appreciate a spread -- a favorable vote.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Schuneman.

Well, thank youz Mr. President. It's my unenviable task to -- to rise in opposition to this bill. Senator, -- you want to finish that now? Senator, certainly our askin: that this bill be heard has nothing to do with your Btandihg around here; we a11 love and admire you, and we're happy to have you back. The problem With -- the problem with the bill is that there was an agreement on off-krack bekting between a 1ot -- and among a lot of people when the off-track bettinq bills were -- were passed here. And the agreement Was that Fairmount would have two, and this bill now says ehat they shall have three. NoW I'm not sure whether this is going to trigger a lot more off-track or more off-track bettin: parlors a1l around the State, or what will happen, but the Members should be aware that that this is apparently contrary to an agreement that was made when the off-track betting bill was orkgknally passed, and thatds the only reason for our asking that this matter be brouqht before the full Senate.

PRESIDING OPFICER: (SENATOR LUFT) Further diseussion? Senator Savickas.

Well, thank you, Mr. President. I Would just like to remind our distinguished Senator that agreements are made, and they're usually made to see whak happens, and after trial periods. Well the trial periods With our southern track is that now that they are they have one office open: theyfre opening another, and the experience that theydre -- that they are experiencing in the 254  STATE OF ILLINOIS 86th GXNEXAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989 handle is that these three if they're allowed - these three open beteing parlors kould not experience what one parlor is handling up north. So the experience and the agreements go to shoW that there should be some adjustmenk to allow this downstate trackr which is a very viable source of income and revenue, not only for the municipalities, but kor the people themselves in the jobs -- in the hiring of jobs and selling of products, shows that the inequity in that agreement because of the population that one more -- one more parlor should be allowed for the downstate track. And would support this.

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

Thank -- thank your Mr. Chairman, Ladies and Gentlemen of the Senate. 1, toop stand in strong support of this legislation. Wep Eoo, have a small track, and We thought when we went into it that we would have a good chance of qettin: either Rockford or Peoria. We were not able to get either. And whenever you take those large metropolitan population centers away, and I -- and I can sympathize with Senator Sam that the populatkon centers are not there, and so therefore this is a fairness doetrine to equalize population: not really to add centers.

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

Yes, sir. Thank -- thank you, Mr. President. Z rise in supporty alsor of fhe legislation. Fairmount Racetraeke it happens to be in my district in Collinsville. And the sttuation is, as go the racekrack as goes the Whole industry. We in southern Illinois have a lot of breeders. We have a 1ot of trainers. People that are very much involved in the horse-racing industry. And the economic potential of of -- of the off-track bettkng system and -- kn 255  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENAQE TRANSCRIPT 36th Legislative Day May 25, 1989 Grayslake, or wherever it may be, is -- is very valuable to tbe whole racetrack industry, especially in our area. So I think because of the jobs that -- that it creates for us and khe revenue that it brlnqs, not only to the community of Collinsville, but to the State of Illinois. You'd be -- you'd just be amazed the number of people from Missouri that eome over here and play at the -- at the racetrack in Collinsville. So it's an important piece of legislation, and I'm qlad to support it. Thank you. PRESIDING OFPICER: (SENATOR LUFT) Further discussion? Senator Hall. SENATOR HALL: Thank you, Mr. President and Ladies and Genelemen of the Senate. I ràse in strong support of this. If you Would think, at one time, we used to have two tracks. We only have one, and that's the one that Senator Watson referred to. This is very needed. And -- and he's absolutely right. If Missouri ever opens a racetrack, you can kiss everykhing else good-bye. So we better -- this State reaps a great benefit out of here. And, you know, every time -- every time the Legislaturels in Session ehey keep doing it, and We keep praying and hoping that they don't <et -- this is vitally needed to keep this track going. And I would ask everybody to give it some support. PRESIDING OFFICER: (SENATOR LUFT) Further discussion? If not, Senator Vadalabene, to close. SENATOR VADALABENE: Yes. Thank you, Mr. president and Members of Ehe Venate. This will put Fairmount Racetrack in a very equitable position. And I would -- favor a favorable vote. PRESIDING OPFICER: (SENKTOR LUFT) The question is, shall Senate Bill 1065 pass. Those in favor will vote Aye. Those opposed, votl Nay. The voting is open. Have a11 voted who Wish? Have al1 voted who Wish? Have all voted who 256 K  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25e 1989 wish? Take the record, please, Mr. Secretary. On that question, the Ayes are 5l, the Nays 5, voting Present. Senate Bill 1065, having received the required constitutional majority, is declared passed. Senate Bill 1072 is on the Recall -- I mean, khe Agreed Bill List. Senate Bill 10781s on the Agreed Bill List. Wefll proceed to the middle of page. Senate Bill 1080. Senator Rea. Read the bill, please, Mr. Secretary.

ACTING SECRETARY: (MR. NANRY) Senate Bill 1080. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUPT) Senator Rea.

Thank you, Mr. President and Members of the Senate. This bill affects the agendas of the community college board meetings. It requires that members of the public and eollege employees be afforded time on the meetin: agenda, subject to reasonable constrainks for input and comments. This requirement applies to any regular and special meetings open to the public. What this actually does is strengthen the -- and also the quality of our community colleges, and that level of public education depends on that type of support and understanding from the communities khat are being served. So Senate Bill 1080 ensures the opportunity for reasonable input from the public. And I would ask for your approval.

PRESIDING OFFICER: (SENATOR LUPT) Discussion? Senator Etheredge. SENATOR ETHEREDGE; Thank you, Mr. President and Ladies and Gentlemen of the Senate. My reading of the bill and the description which you have just given, Senator Rea: confirms the fact that this -- the 257  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 passage of this bill would mandate that there be a time for public discussion at each and every meeting of a community college board. My problem with that îs that one of tbe typical patterns folloved by community college boards, particularly those that -- that meet on a twiee-monthly basis, is to provide the opportunity for extensive public input and staff input at one of those meetings and then reserve the -- the second meeting for actton of paying bills and approving contracts and doing a11 the other day-ko-day business that is required of them in fulfilling their responsibility as truotees... END OP TAPE TAFE 6 ...passage of this legislation would preclude that kind of an organization of their board agendas. Therefore, I rise in in opposition to this bill. It seems to me that elected members of school boardsr community collese trustees khey are elected officials. They are equally accountable to the publice as we are. We give our -- we give ourselves the opportunity to determine what our schedules are going to be. Why can't these trustees have the same kind of freedom to make that decision thak -- that we have, and other elected officials have? I think this is an undue interference with the duly elected and publicly accountable members of community college boards. And I would ask for a No voke on this bill.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? If not, Senator Rea, to close. SENATOR REAJ Thank you, Mr. President. Actually, tbis is no different than 258  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25y 1989 The School Code for elementary and secondary schoolsr where the proviskon for the input is made available. And as a result, this would cereainly skrengkhen the eomnunity colleges and provide for a greater understanding and parkicipation by the citizens and by the parents and -- and the public in general. I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LUFT) The question is, shall Senate Bill 1080 pass. Those in favor Wi11 vote Aye. Those opposed, vote Nay. The voting ls open. Have all voeed who wish? Have all voted who Wish? Have al1 voted who wish? Take the record, please, Mr. Secretary. On that question: the Ayes are 39, 19 voting Nay, none voting Present. Senate Bill 1080, having received the required constitutional majority: ks deelared passed. On the Order of 3rd Reading is Senate Bill 1081. Senator Rea. Read the bill, please, Mr. Secretary.

ACTING SECRETRRY: (MR. HARRY) Senake B1ll 1081. (Secretary reads tktle of bi11) 3rd Readin: of the bill.

PRESIDINC OFPICER: (SENATOR LUFT) Senator Rea.

Thank you, Mr. President and Members of the Senate. The current law provides that any retailer who enkers into a written or oral agreement with a wholesaler: manufacturer or distributor wherein the retailer aqrees Eo maintain an inventory and then the contract is terminated by the wholesaler, manufacturer or distributor, the retailer may require the repurchase of the înventory. So Senate Bi1l 1081 includes outdoor power equipment as inventory. The four basic elements to the current Illinois Farmy Industrial and Construction Equipment Fair Dealership LaW provides in this: it shortens the official title of the Actv it includes 259  STATE OF ILLINOIS 86th GENERAL ASSEMBLY AEGULAR SESSTON SENKTE TRANSCRIPT 36th Legislative Day May 25, 1989 the oukdoor power equipmenk and parts as part of the buy-baek provisions, it includes limited shelf-làfe pares which are not in deteriorated condition, and it includes a suecessor clause requirinq supplier successors to accept returns on the same basis as the original supplàers. Tbis is a bàll that the Illinoks Retail Farm Equipment Association supports. The Illinois Retailers. John Deere. And I would ask for your suppork.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Donahue. SENATOR DONAHUEI Thank you, Mr. Presidenk. rise in opposition to this leqislation, primarily becauGe when we initiated this law back in 1983, it was for the purposes of farm equipmenk and construction equipnent to be able to be bought back for those dealerships throuqh very touqh times. This is including power, you know: lawn equipment. And I don't think that's what the legislation was initiated for. I have a question of the sponsore if he'll yield.

PRESIDING QFFICER: (SENATOR LUFT) Indicates helll yield. SENATOR DONASUEI How many businesses or dealerships do you know of that have gone out of business or been negatively impacted by the lack of this type of legislation?

PRESIDING OFPICER: (SENATOR LUFT) Senator Rea. SENKTOR REAZ This here would certainly give them assurances which Ehey do not have. And We have many that have qone out of business, and as a result have had to file bankruptcyr and especàally in the extreme rural areas of Illinois.

PRESIDING OFFICER: (SENAQOR LUFT) senator Donahue. 260  STATS OF ILLINQIS 86th GENERAL ASSEMBLY REGSLAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25r 1989

Could you -- well -- could you tell me, you know, a little bit nore? Do you have a -- a -- a few examples?

PRESIDING OFPICER: (SENATOR LUFT) Senator Rea.

For instance, White was bou:ht out by Allied. And we had an example there of a -- of a dealership that they -- whenever it was bought outz then they were not honored and -- as far as inventory being returned. And as a resulty they had no outlet at the time, and enled up goin: bankrupt.

PRESIDING OFFICER: (SENATOR LUFT) Senator Donahue. SENATOR DONAHUE:' There is -- as I understand it, there is -- there is khings in your bill that allow for mergers and and and buy-back provisions like that: but Were -- successor clause. But it's the -- I khink the part that welre objecting to is the outdoor lawn equipment. It's the type of equipment that youere trying to put in this: not hoW youdre dokng it.

PRESIDING OFFICER: (SENATOR LUFT) Gelator Donahue.

Cannot dealerships now make provisions like this when they contract as a dealership and a supplier?

PRESIDING OFFICER: (SENATOR LUFT) Senator Rea.

They can, but many times do not. And also, there's no provision there like for instance, the Allied in khis instance where I told you they had a buy-out of White Where they had to honor any contract. But this bill would provide for that. 26l  STKTE 0F ILLINOIS 86th GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OFPICER: (SENATOR LUFT) Further discussion? Purther discussion? Senator Donahue.

One more question. I thank you, Mr. President. Is there -- what is the definition under your leqislation for outdoor lawn equipment?

PRCSIDING OFFICER: (SENATOR LUFT) Senator Rea.

Actually: tùere is not a -- a definition here. It would include all outdoor lawn equipment.

PRESIDING OFPICCR: (SENATOR LUFT) Further discussion? Senator Schuneman.

Question of the sponsor, Mr. President.

PRESIDING OFPICER: (SENATOR LUFT) He indicates hedll yield.

Senator, I understand that one of the provisions in this bill has ko do with *he matter of a farm equipment company that is sold and requlring the suecessor buyer to honor the -- honor this 1a* -- is ehat -- and -- and it particularly involved White Motor company. I'm not sure whether -- Wàll khis bill in any way affect that White Motor Company court action?

PRESIDING OFFICER: (SENATOR LUFT) senator Rea.

I can't tell you about the court action . The only thing I can tell you is that if there's a buy-out, that that contract would have to be -- if there isn't a contract, kt Woulö have to be honored.

PRESIDING OFFICER: (SENATOR LUFT) 262  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25, 1989 Further dtscussion? Purther discussion? Senator Hudson.

Would the sponsor yield, Mr. President? Senator Reay ehink that I missed your -- you vere asked the question as to how many concerns might have had problems along these lines, and I missed your answer to that.

PRESIDING OFFICER: (SENATOR LUFT) Senator Rea.

Well, I mentioned White and Allied was the main concern. But there has been several instances, but that's -- that's one' there.

PRESIDING OFFICER: (SENATOR LUFT) All right. Senator Rea. I mean, Senator Eudson, I'm sorry .

Well, my understanding is that those companies are not outdoor equipment dealers, per se. Is that -- is that correct?

PRESIDING OFFICER: (SENATOR LDFQ) Senator Rea.

I -- Iîm sorryg but I didn't hear the question.

PRESIDING OFFICER: (SENATOR LUFT) Senator Hudson.

My understanding is that those companies are not outdoor equipment dealers, per se. Is that right?

PRESIDING OFFICER: (SENATOR LUFT) Senator Rea.

I'm uncertain about that. I can also tell you, Senator Hudson, that there are approximately ten other states that have already adopted this into their program because of the same type of problem that they've -- that We're running into in Illinois. 263  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989 PRESIDING OFFICERZ (SENATOR LUFT) Further discussion? Senator Hudson.

Well, my understandin: is that there are only three states in the MidWest, namely Iowa, Michigan and Wisconsiny that have adopted any measures of this kind. I -- to the question, Mr. President.

PRESIDING OFFICER: (SENATOR LUFT) Senator Hudson.

I think ehat my concern here, Senator Rea, wikh all due respeck, would be that -- that perhaps we are expanding What started out to be a reasonable idea and that was protecting - as I understand it retailers and dealers in times of economic trouble. The -- basically a sound idea, but it seems -- my concern is that we may be takin: that and expanding it to a point that is really unnecessary. I I remain unconvinced that there 's a -- a a real need here for these -- for this type of equipment that Wefre now dealing with. So I'm Wondering if We aren't enkering the -- introducing the power of the State by governmental fiat, you might say, again lnkerjeceing ikself into what should be a -- a relationship between the -- the retaller and the supplker of this kind of equipment to -- to make what provisions they deem necessary at the time they enter into their their agreements. And I1m -- I1m a little bit at a loss as to why the State of Illinois government. itself, should be intervening Eo this exkent into what may be a -- an almost nonexistent problem.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senator Rea, if I remember right, in committee this bill had some 264  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 opposition from, I know, Deere & Co. and also -- who is also is a very large manufacturer of -- of lawn mowers as kell as outdoor equipment. Ik's my understanding that that objection has been removed. It is my understanding that the all the objections: actually all the people who have been -- were objecting -- all those objeckions have been removed. Is there anyone still in opposikion eo this

PRESIDING OPPICER: (SENATOR LUFT) Senator Rea.

-- okher than as a matter of prknciple?

PRESIDING OFPICER: (SENATOR LUPT) Senator Rea.

The -- the only one that have not committed themself to it is -- to my knowledge, is the Illinois Manufacturers Association.

PRESIDING OFFICER: (SBNATOR LUFT) Purther discussion? Senator O 'Daniel.

Thank you, Mr. Presidentz Members of *he Senate. I rise in -- in support of this legislation. My feeling about this is, a 1ot of times dealers are required by companies to stoek a larqe inventory, maybe a 1ot of stuff -- of parts they -- that don't move fast and probably they'll never sell. And if they ever decide to go out of business or anythinq, a lot of times they aren't fairly reimbursed for those. I think this ls a good piece of legislation - a fair piece of legislation.

PRESIDING OFPICER: (SENATOR LUFT) Purther discussion? Senator J.J. Joyce.

Thank you, Mr. President. I -- I think that it miqht be pointed out that things still ain't so rosy down on the farm, 265  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25, 1989 where some of these implement dealers are -- are still not out of khe Woods, as the farmers are not either. And as far as every -- the b1g concern over there about lawn equipment, I don't know if you've priced a -- a outdoor lawn mower lately -- one of those riding things. I think you can -- you got a pretty big ticket item there. And if those dealers are stuck with those things it's -- it's not great shakes there either, so I'd certainly support this bill.

PRESIDINC OFFICER: (SENATOR LUFT) Further diseussion? Senator DeAngelis. SDNATOR DeANGELIS: Thank you, Mr. President. Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR LUPT) He indicates he'll yield. SENATOR DeANGELIS: Mr. Rea -- Senator Rea, is it uncommon for a equipment manufacturer -- an equipment dealer eo accept his inventory from a manufacturer on a consignment basis?

PRESIDINC OFFICER: (SENATOR LUFT) Senator Rea.

It's my understanding on consignment for a certain period of time. Yes.

PRESIDING OFFICER: (SENATOR LUPT) Senator DeAngelis. SENATOR DeANGELIS: Well, you're correct, Senator Rea. In facte it is almost characteristic of the industry that that is the method of handlin: an inventory. So what you have is a situation that's rather unique, because the person that's selling the product has it or her -- on their floor for a long period of time without having to invest anything before it's sold: and then only paying for it 266  STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 after it's sold. And the reason I want to bring up this point is thak I was in the business world: and nobody ever told Aldo DeAngelis, ''If you ever buy somethkng and kt doesn't move, you can send it back to me.'' But not only that, but they didn't even say to Aldo DeAngelisv ''1111 put ie on your floor on a consigned basis.'' And I got to tell you, you know, I don't know that We in this Body ought to condone a business activiky where we remove totally the risk of bein: in business, because these people have an extraordinary opportunity. And I empathiae with the farm industry' but I was in the steel businessp Senator Joycey and that one was a lot sicker than the farmers for a long period of time. The point is Ehe reason that John Deere - and I Want ko take a shot at both people on this one - the reason that John Deere capitulaked is they dragged everybody else into the equation. So now that everybody else is going to have to operate under the same harmful rules, I guess it's okay. Well I would submit to youz sir, that the real person khat gets gypped in this is the consumer, because the cost of that product - and particularly in the farm implement business - is embodied in that cost of maintaining that product on khat floor for that period of time in which no one has paid for it at all. And I think wedre extending some coverages here that vo way beyond the normal business incentives or inducements we have to give. And I got to tell you, I I just think wefre qoing too far with it.

PRESIDING OFPICER: (SENATOR LUPT) Further discussion? Further discussion? Senator Reae Eo ciose.

Thank you, Mr. President. In fact, just respondinq some here, most dealers don't ask about the stock; in fact, kheydre told about the stock. And whenever you talk about the protection for the consumer, that's exactly what this does. It provides the 267  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25 # 1989 statutory quidelines for the dealers who are bankrupt or out of business. This provision alsor might poink oute would bring buy-back provisions up to the par With other states. And 1et me just say that whenever you pointed to three states earlier: it may only refer to the outdoor lawn equipment, but actually, they have other descriptions there. And I have a listing of the states of about ten states. So this is a problem not only in Illinois, but in other places. To me this is a bill that is fair, because it has been done with the conjunction of the manufacturers whenever we fàrst initàated the leglslatlon. The larqe pereentage of purchases retailers made are from distributors or wholesalers, and this would have low impact upon the manufacturers and many of those are not in the State of Illinois or even in this country. The buy-back provision would provide protection for anyone in the business of selling outdoor power equipment. I feel Eha: khis is good legislation. It's important legislation, and one that we should pass.

PRESIDING OFFICER: (SENATOR LUFT) A1l right. The question is, shall Senate Bill 1081 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voking is open. Have all voted Who Wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record, please: Mr. Secretary . On that queskion, the Ayes -- Ayes are 38r the Nays 20r none voting Present. Senate Bill 1081, having received khe required constitutional majority, is declared passed. Senator Raica, for khat purpose do you seek recoqnition?

Mr. President, a point of personal privilege, please.

PRESIDING OPFICER: (SENATOR LUFT) State your point.

Thank you, Mr. President and Ladies and Gentlemen of the 268  STATE OF TLLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senate. In -- on the -- in the Senate Gallery on the Democrat side today, We have a group of schoolchildren from my home parish, St. Rene School. Itês the graduating class of 1989, along with their chaperones: Coach Dundee; Mrs. Lou, their keacher; and Mrs. Pelegrino. I'd like to Welcome them to Springfield.

PRSSIDING OFFICER: (SENATOR LDPT) Would our guests rise, and please be recognized by the Senate. Senator Severns, for what purpose do you seek recognition?

Thank you, Mr. President. Briefly also, for a point of personal privilege.

PRESIDING OFFICER: (SENATOR LUFT) State your point.

It's my privilege today to have joining us in this Chamber, Representative Patrtck Dougherty, who represents St. Louis in the Missouri Legislature. The best news about Pat Dougherty is he's - - his hometown is Decatur. I'd like the Senate to welcome Representative Dougherty.

PRESIDING OFFICER: (SENATOR LUFT) Representative Dougherty, Welcome to Springfield. Senator Welch, for what purpose do you seek recognition?

Mr. President, earlier in the day: on a vote on Amendment No. 2 ko Senate Bill 1182, I Was incorrectly voted. I Wanted to vote No# but I was recorded as Yes. I'd like the record to reflect that. Thank you.

PRESIDING OFPICER: (SENATOR LUFT) The record will so reflect your wish. On the Order of 2nd Reading -- I mean I'm sorry, on the order of 3rd Readin: is Senate Bill 1085. Senator J.J. Joyce. Read the bill, please, Mr. Secretary. 269  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

ACTING SECRETARY: (MR. HAPQX) Senate Bill 1085. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Joyce.

Thank you, Mr. President. Senate Bill 1085 requires the local siking approval for a new regional pollution eontrol facâlity must be ratified by referendum if the site was annexed by approving municipality within khe previous five years. We've talked about this bill in the past. I'd be happy to answer any questions.

PRESIDING OPFICER: (SENATOR LUFT) Discussion? Senator Reats.

Question of the sponsor.

PRESIDING OPFICER: (SENATOR LUFT) The sponsor indicates hefll yield.

The bill is perspective and does not deal with any existing sited landfills?

PRESIDING OFPICER: (SENATOR LUFT) Senator Joyce.

Yeah. I think youdre al1 right: Roger. PRESIDING OFFICERT (SENATOR LUFT) Further discussion? Senator Keats.

I'm asking so I know whether I have to declare a eonflict. That is all. Thank you.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Macdonald. 270  STATE OF ILLINOIS 86th CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25e 1989

Thank you, Mr. President. rise in opposition to this billy skmply because I certainly understand the thrust of the sponsor of the bill, but we're at -- at present in a -- in a crisis in Illinois with landfills with solid Waste disposal. And I - - I just think it is unrealistic for us to require a referendum when not all municipalities or counties can site a landfill in khe first place. Xou have to have certain geological conditions and so forth. And there are very, very few -- relatively few, at least places that are left in Illinois for us to even site these landfills. The other problem that exists, as see it, is that where a municipality or an area incorporaEes several counties into that municipality, I'd like to ask the sponsor how that works out. How does the referendun -- does the majority have to carry in each of those counties that are in a village? For instancez the Village of Barrington is in three counties, so how -- how do We work that out -- just in the incorporated area of the village, or what happens here?

PRESIDING OFFICER: (SENATOR LUFT) Senator Joyce.

I would guess the same way that you elect the mayor of that village.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Purther discussion? Senator Davidson.

Question of the sponsor.

PRESIDING OFFICER: (SENATOR LUFT) He indicates he'll yield.

Senator Joyce, Senate Bill 1621, which I think you had in here last year, was identical to this billr got defeated, as I recall, 27l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATX TRANSCRIPT 36th Legislative Bay May 25, 1989 on a -- on a vote for whatever reason. Can you tell me What khe vote was that defeated that 1621 Which you sponsored?

PRESIDING DFFICER: (SENATOR LUFT) Senator Joyce.

No.

PRESIDTNG OFFICER: (SENATOR LUFT) Further discussion? Senator Davidson.

Hello. Also, Senator Joyce, we do have a 1oW level radiaeion - - khatever we're working on nowr and you have an area at least kn one part of the southeastern part of this State where an area -- it does meet all the geological requirements. It's been annexed to a village that is seeking ko having ehat sited there. Some people who reside out in the county, understand, are trying to do something aboue it. Will this affect that proposal? 'Cause it has not yet happened.

PRESIDING OFFICER: (SENATOR LUFT) Senator Joyce.

No. This is the EPA Act. It has nothing to With *he radioactive -- loW level radioactive Waste site.

PRESIDING OFFICER: (SENATOR LUFT) Further diseusskon? Senator Davidson.

Well, Mr. President and Members of the Senate, I speak in opposition to this. Many of you have had the same career as I have at being a county board member or county board chairman, as T was, and if a village sought to annex an area to its village limits for Whatever reason, it's their prerogative, and for us to try to overkurn by State Statute a prerogative that is by the local officials who in eheir bes: estimate made a good or bad decision: 272  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislatkve Day May 25, 1989 khat's kheir prerogative. This is we interfering on local government, and I urge everybody to vote No.

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

Sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LUFT) He indicakes hedll yield. SENATOR GEO-KARISI Supposing a nunicipality has -- there's a landfill adjoining the municipality and -- and the municipality feels that ik would be to its advantage to be able to annex it, so that it can control it. How does your bill affect that?

PRESIDING OFFICER: (SENATOR LUPT) Senator Joyce.

Well, if -- if the people in that municipality thought it was such a qood idea, they could vote for itz and then they could annex it.

PRESIDING OFFICER: (SENATOR LUFT) Purther discussion? Senator Geo-Karis. SENATOR GEO-XARISI Well, Mr. President, Ladies and Gentlemen of the Senate, as you know - and I'm goinq to announce it now for the rest of this Session - I may have a conflict of interest in some of these bills, because I'm the mayor of my town. Howeverg if a municipality wants to annex a landfill, for exanple, think it should be free to do so and the people in that municipality can deeide it. And I don't know why we have to play bi: brother by saying that We have to have ik approved by a referendum outside. I mean, *he people themselves in *he municipality always - at least in my municipality - come to their meetings, and they make their 273  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslatkve Day May 25# 1989 wishes known. And I think webre interfering . And as Senator Davidson says, I certainly concur with him, HWe don't need Eo do that.'l think we should leave it up to the area to decide by themselves.

PREEIDINC OPFICER: (SENATOR LUFT) Further discussion? Senator Schuneman.

Question of the sponsor, Mr. President.

PRESIDING OFFICER: (SENATOR LUFT) The -- the sponsor indicates he'll yield.

Senator: I live in a county that has decided to close its landfill. And within a matter of a few nonkhs, we aren't going to have any place to go with the solid waste khat welre trykng to dispose of. And the county is looking at the formation of a regional landfill somewhere. I'm not sure what your bill does. And -- but it seems to say something about annex annexing land into a city, so I guess I have tWo questions for you. First of all, if in -- in our instancez we set up a -- a reqional landfill that is no* within *he ciky or an area annexed by the city, will this bill have any affect on it? Secondly, does it only apply to those instances where that landfill is actually annexed by a city? PRESIDING OPFICER: (SENATOR LUFTJ Further discussion? Senator Smith. I'n sorry. I'm sorry. Senator Joyce, you'd like to respond?

Yes. The answer to your question. If if your county is making original landfill, then that county government is the local unit of government that has to deal With this. So it has nothin: to do with the munlcipality then.

PRESIDING OPFIPER: (SENATOR LUFT) Senator Schuneman. 274  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989

No referendum in that case. Thank you. PRESIDING OFFICERI (SENATOR LUFT) Senator Joyce. Is there further discussion? Further discussion? Senator Weleh.

Thank you, Mr. President. I would just like to say that this bill doesn't prohibit landfills in -- in downstate Illinois, and landfill can be built in any unincorporated area of downstate Illinois, so there's nothing to worry about there. I think that this is a good idea. It says exactly what Senator -- one on the Senators on the Republican side said. The local people should decide if they have a landfill or not. That's all this is. Somekimes you have a runaway group of aldermen or a mayor who is misdirected, and he needs some direction from the city -- from the citizens kithin *he town, and that's all this does. It just says, ''Hey, if this is a good idea, Why not vote it in?'' We do it with referendums for school children. I don't see why we don't do it with landfills in the city.

PRESIDING OFFICER: (SENATOR LUFT) Further discuGsion? If noe, Senator Joyce, you wish to close? Senator Joyce.

Well, thank you. I -- I think We al1 know What this is about, where where a landfill company comes down to one of the smallest towns around and -- and is looking for an easy way Eo site a landfill. And -- and so they go and talk to ftve people perhaps on this toWn board, and convince three of them that khis is going to be such a great deal for them and their community, that they go out and -- maybe the tokn is only four or five acres at the time and they'll annex six - seven hundred acres right next to then to be made into a landfill and -- and it just thwarts the 275  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25p 1989 process of siting that 172, that we passed so long ago: was a11 about. What we said then was that the local unit of government should decide on whether or not there's a landfill there. But I don't think we ever meant that a municipality -- a little tiny municipality -- can go out and annex hundreds of acres of land next to it to site a landfill. So saying that, I#d ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR LUFT) All right. The question is, shall Senate Bill 1085 pass. Those in favor Will vote Aye. Those opposed, vote Nay. The voting is open. Have all voted Who wish? Have all vo*ed who wish? Have al1 voted who wish? Take the record, please, Mr. Seeretary. On that question, the Ayes are 37, Nays -- the Ayes are 38, the Nays are l9, 1 voting Presenk. Senate Bill 1085, having received the required constitutional majority, is declared passed. Senator Smith: for what purpose do you seek recognition?

Thank you, Mr. President and Ladies and Gentlemen of the Senate. stand on a point of personal privilege.

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

We have on the Democratie side of the balcony a group of young people from Chicago. They are attending the Hartigan School Elementary School eighth graders, and thekr chaperone is Mrs. llaine Butler. I'm especially proud because this is Ehe school that I attended when I Was quite a young girl.

PRESIDING OFFICER: (SENATOR LUFT) Al1 right. Would you please rise and be recognized by the Senate. And welcone to Springfield. Senator Demuzio, for what purpose do you seek recognition?

276  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 36th Leqislative Day May 25, 1989 Thank you, Mr. President. While We're on that order of business, also joining us today is one of our members of the University of Illinois Board of Trustees: who's over at Senator Newhouse's desk. Dr. Gloria Bacon has joined us also today.

PRESIDING OFFICER: (SENATOR LUFT) Doctor, welcome to Springfield. A1l right. On the Order of 3rd -- senate Bills -- Senate Bills 3rd Reading is Senate Bill 1089. Senator Etheredqe. Read the bill, please, Mr. Secretary.

ACTING SECRETARY: (MR. NAPRY) Senate Bill 1089. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICCR: (SENATOR LDFT) Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill comes ko us from the Legislative Audit Commission. It is an agreed bill worked out between John Day of the Commission and the representakives of the Academy. I1d be very happy to answer any questions.

PRESIDINC OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is, shall Senate Bkll 1089 pass. Those in favor wil1 vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who Wish? Have all voted Who wish? Have al1 voted Who Wish? Take the record, please, Mr. Secretary. On that questionr the Ayes are 59, none voting Nay, and the Presents are none. Senate Bill 1089, having received tbe required constitutional majorityz is declared passed. Senate 3ill 1093 is on the Agreed Bill List. On the Order of 2nd dsicl Readingz at the botkom of Page 28, is Senake Bill 1095. Senator Severns. Out of the record. Senate Bill 1097 is on the Agreed Bill List. At the bottom of page 28, on the 277  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislakive Day May 25, 1989 Order of 3rd Reading is Senate Bk11 1100. Senator Marovitz. Read the bill please, Mr. Secretary .

ACTING SECRETARY: (MR. NAQRY) Senate Bill 1100. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR LUFT) Senator Marovikz.

Thank you very much, Mr. President, Members of the Senate. This..wyesterday most of us had an opporeunity to meet Jim Brady, who provided an inspirakion for all of us with his words and his bravery în coming back from a veryy very serious handgun wound to the brain. We also had the opportunity to meet Philip Andrew, who Was a victim of a handgun in the Lori Dann shooting on May 20, 1980. Both individuals...

PRESIDING OPPICER: (SENATOR LOFT) Senator, would you excuse me, please? If you look at the next few bills, they're going to be bills of significant nature, and think we would do ourselves a favor if we could hold the noise down and allow the debate to proceed in an orderly fashion. Thank you. Senator Marovitz, T'm sorry.

...Both individuals, Jin Brady and Philip Andrew, commented to Senakor Rock and myself, and I'm sure to others, that they wanted their injuries ko serve as an inspiration to bring about some action in the serious topic of qun control and trying to tighten up some of our loopholes in the current Registration Act. As a result of the events the last yearz the Judiciary Committee held hearingg. and ke heard from . 1aW enforcement offieials across the State, citizens...common citizens aeross the State . And Senator Rock and I :ot together and put together, crafted, a package of 278  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENAT: TRANSCRIPT 36th Legislative Day May 25, 1989 legislation that we think is a very reasonable approach to this very serious subject and need. It is not an approach...l repeat, it is not an approach that infringes upon anyone's constitutional rights. It is not an approach that bans the sale, manufacture, or possession of handguns. It does not do that. It is centered upon the idea that if, indeed, we are going to issue handguns to people, that we have a right to know something about those people, if we are getting...giving them the right to have an offenslve weapon like that. After all, when we give someone the right to drive a car on the highway, we find out something about them. We take a 1ot of information from them . And we find out if they have the abilàty to operate that vehicle. A1l this does is give us some information about those individuals. Now the current FOID Card Act -- in studying it, Senator Rock and I diGcovered that khe current FOID Card Act has certain deficiencies. So we had to consider how to deal with those deficiencies. And We decided that nany of those deficiencies were particular and peculiar to handquns because of their concealability. So in order to deal with the handgun problem and not to infringe upon the legitimate hunters, sportsmen, skeet shooters, et cetera, et cetera, that we would deal with just the handguns. The handguns only. And create a new Reqistration Act, the Handgun Owner's Identification Act. So that you'd have to get a handgun owner's card. If you oWn a longarme a rifle: this does not apply to you at all. There are no additional requirements or restrictions to you at all. But if you're qoing to have a handgun which ls concealable, which has been responsible for the terrible tragedies that we dve seen with our ownp..with our own eyes in the last twenty-four hours, we want ko find out more about the individual. And that's What the Handgun Owner's Identification Card legislation is a11 about. This is whak the law enforcement officials of our Statee the Chiefs of Police, Superintendent of Police from Chicago, the 279  STATE OP ILLINOIS 86th GENERAL ASSEMALY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Superintendent of the Chiefs of many of the municipalities across the State this is what khose 1aw enforcement officials came to us and said, ''We need your help. If you Want us to craek down on crime, yes, you've gotten tough on tbe criminals. Yes, you've increased the crimes. You've gok tough laws. Buk We need something to close a lot of the loopholes and to deal wieh the registration laws that are deficient nowo' And so the law enforcement officials said this is what we need. We're not touching all firearms, only handguns. And we want to :et more information about those people. The Department of State Police told us that currently they don't have enough moneyk They don't have enough revenue to police and currently administer the FOID Card laws. So in creatkng this Handgun Owner's Identification Card, We increase them..registration fee from five dollars to ken dollars, only for handguns. Only for handguns, and it's good for a three-year period. Ladies and Gentlemenz I think this is an important package of bills.You can close your eyes, and you can listen and be afraid of hiqhly paid, well-financed organizations who want to stand in the way of this, and who think everybody should be armed Without finding out anything about them . But the fact is that the people of the State of Illinois are fed up with the crime, fed up with the tragedies, the shooting of our kids, and it's time to do something about it. Again, this package and this bill does not ban the sale, manufacture, or possession in any way. It creates the Handgun Owner's Identifîcation Card, so that we wkll find something more about the individuals getting handguns. I solicit your Aye vote. PRCSIDI'G OEFICER; (SENATOR LUFT) Discussion? Discussion? Senator Barkhausen.

Mr. President and Members, I share the sponsor's interest in this subject matter. I stand as one who hasz at one time or 280  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 another: opposed positions of the NRA, and kn turn been opposed fairly subseantially by them. Buk on the other hande I see several flaws with this bill and the several that follok. And I wondera..l wonder if there isn't a better way to qet at this problem. I would suggest a Way that has recently been taken by the Stake of Virginia: whkch, as I understand it# has created a...as I believe we have now in Illinois and could readily make available, a central depository of information on convictions of individuals which could, as I suggest, be made available by those who are selling...or to those who are selling handguns, so that one who is in the position of selling a gun couldwe.could..wcould - as they do when youve.when they take a credit card from a purchaser of retail goods, establish whether one's credit is good - so too, I suggest, could they determine whether one has a history of a criminal conviction: or if we want to add to that a history of mental health treatment of one kind or another. I am...I am told that those Who have been asked to assess the cost of this bill have come up wtth a fkgure of 7.6 million dollars. And what I'm afraid is that with this bill and a number of others: we are creating a potential paper chase and a bureaucratic nightmare, both for the Department of State Police and for local police departments that will be called upon to verify information that ks provided in a EOID Card. So because of...because of the cost, and because I suggest that there is a better mousetrap available' I am suggesting that We oppose this particular bill.

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

Well, Mr. President and Ladies and Gentlemen of the Senatez We need more money in our State treasury to help other needed social services. And I am reminded of the fact thak when we get so emotionally carried away because of certain knstances that happen: 28l  STATE 0F ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 36th Legislatkve Day May 25: 1989 about ninety-nine perceht of the firearms owned in the United States will never be involved in any criminal activity in any given year. But I'm not going to qive the criminals the right to have the guns, fcause they're going to get them anyway. And the fack that you want more registration, more bureaucracy, don 't see it. And therefore, speak against the bill.

PRESIDING OFFICER: (SENATOR LUFT) Purther discussion? Further discussion? Senator Davidson.

Question of the sponsor.

PRESIDING OPFICER: (SENATOR LUFT) The sponsor indicates he will yield.

Senator Marovitz, do we Who own more than one handgun have to have a HandoWner's Identification Card for each gun?

PRESIDING OFPICER: (SENATOR LUFT) Senator Marovitz.

No.

PRESIDINC OPFICER: (SENATOR LUFT) Senator Davidson.

Secondly, since youlre from the City of Chicaqo, and my understanding is that the City of Chicago itself already has one of the toughest gun control laws in the nation, in the handguns, has not done one iota of reducinq any crime committed by a handgun. Is that correct or not correct?

PRESIDING OPPICER: (SENATOR LUFT) Senator Marovitz. SENATOR MAROVITZ) That is totally incorrect. Superintendent came before our committee and testified that fourteen thousand hanguns were 282  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 confiscated by him alone during the last year.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Davidson.

You didn't answer my question aboue whether the Ciey of Chicago already has a very tou:h gun control or handgun control law on the books for the people of the City of Chicago.

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz.

The City of Chicago has nothing on its books similar to what is in Senate Bill 1100.

PRESIDING OFFIPER: (SENATOR LUFT) Senator Davidson.

Well, Ladies and Gentlemen, all you have to do is look at this whole package of bills, which probably could have been put in one or two bills. A number of them are technically flawed, but I wank to tell you, I don't know, maybe it's changed since I went to school in the City of Chicago back in '49, .50, 151, ,52. They had a tough gun control law. I can remember when the lady in my aparkment buildinq was attacked at the front door. The gentleman who lived on the first floor apartment leaned out the window and shot his shotqun in the air to scare the people off, though she was still injured. And the person who caught a1l the crap from the police officers who arrived on the scene was the poor guy who was trying to come to an innocent woman's aid, because he fired a shotqun, and they couldn't find an identification card, or owner's card on him at that time, because that Was before the days of the Fkreowner's Identifkcatkon Card . I would urge a11 of you, if you want to keep guns in the hands of we who are legitimate, to vote aqainst this package. It doesn't do anything but react to the 283  STAQE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 publickty. No* kf Dannv..Lork Dann, who created that hideous crime, as well as the gentleman in California - both of them should have either been in prison or a mental institution. Most of them, particularly the fellow in Californiay was out because he plea-bargained down. And I think We have to address that possibility. I khink...l urge all of you, if you want to keep the legltlmate people protected from overzealous individuals who :et carried away, you would a1l vote No on this whole package of bills.

PRESIDING OFFICER: (SENATOR LUFT) Further discusslon? Senator Brookins.

Thank you, Mr. Speaker: or Mr. President. I rise in opposition to this bill. I know that..ol know that...and I speak from the position of being a police officer for fourteen years. I served fourteen years on the police force in the City of Chicago in some of the worse districts Ehey are. And I worked the streets in squad cars. And I have stopped a many a person with quns. I've stopped old men with guns in alleys after they parked their car, and on their way into their homes, and I never will forqet their eyes, looking in the eyes of one old man when he looked at me and say, ''Officer, I'd rather you catch me with the gun, than the crooks to catch me Without the gunso'' What Ilm saying to you is that what you're going to do is create a lawlessness Where there should be, and where there are, people that abide. . . that abide by the iaw. Law-abidinq citizens . We will cause them and those persons, not to bave the guns, and the persons that donlt deserve, or should not have guns, to have guns. Because we know that crooks get what they want. We talk about...we talk about the highaa.the high-priced lobbykst and the people that are lobbying and all this kind of thing. What about the little guys that live on the south side of tbe City of Chicago and the west side? The 284  STATS OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslative Day May 25, 1989 guys that need the guns in their homes so that they can stay in their homes? And 1.11 bet you, man to man: any person there Will tell you, f'I want to have my gunoe' That's what Wedre talkin: about.

PRESIDING OFFICER: (SENATOR LUPT) Senator Marovitz, to respond.

Well, Mr. President, I think we could probably save a 1ot of time, because I can see that Senator Brookins and Senator Davidson: Senator Geo-Karis, they haven't read *he bill or the package. Beeause nothing in this bill or in this package would say that the legitimate citizen can't arm themselves, have a gun, and protect themselves. These examples that I'm hearing...if you are a citizen: just today...just like today you can qet a handgun, this bill says you can get a handgun. This doesn't prevent anyone from getting a gun, Senator Brookins. So khe arguments that you are giving are speeious argunents. You haven't read the bill. All this says is if youdre going to have a handgunr instead of having a FOID Card, youlll have to get a Handgun Owner's Identifkcatkon Card. And you'll have to fill out some knformation so we can know something about you. There's no prevention of anybody from havinq a handgun.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Brookins.

I'm sorry theoo.going a second tlme, but Senator Marovitz, I've read the bill. The bill it..oin essence say thak you have to go, you have ko be identified and okayed by so many people, or approved by so many people in your communiky. I can resember when Jane Byrne, the ex-mayor of the City of Chicago, instituted thato..a :un registrationy and sent no notices, or no noEice went out, and half the people on the south and west side of Chicago was 285  STATE OP ILLINOTS 86th GENERAL ASSEMBL; REGOLAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 kn violatkon of the law, because they did not know that they were supposed to go down there and preregister. So I've read the bill: and I understand what wedre saying.

PRESIDING OPFICER: (SENATOR LUPT) Further discussion? Senator Raica.

Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. I guess ko the bill. I...it's my understanding riqht no*, and if ean just ask the sponsor one question, then I'd just like to speak to the bill.

PRZSIDING OFFICER: (SENATOR LUPT) The sponsor will yield. SENATOR RAICA) Senator Marovitz, it's my understandinq eurrently there is a city ordinance kn the City of Chicago that prohibits the registering of handguns. Is that correct?

PRESIDING OFFICER: (SENATOR LUPT) Senator Marovitz.

New handguns: that's correct.

PRESIDING OFFICER: (SENATOR LUFT) Senator Raica.

I guess what my concern is...is that what we're sayin: right now that Wefre going to develop a HOID Card that you would have to...ik would mandaEe EhaE. number onee a handgun be reqiseered. Where in fact: in the City of Chieago...has an ordinance that prohibits, number onev if a person was to purchase a handgun, he cannot register that particular handgun. So welre here saykng one thing. The City of Chicago is saying another thing. And I guess my... the reservation that I have regarding this particular bill, is that I think ik's going to cause a paper trail. And the reason 286  STATE OF ILLINOIS 86th GENERAL ASSRMNLY REGULAR SESSIQN SENATE TRANSCRIPT 36th Legkslakive Day May 25, 1989 I1m saying that, if I Were to own a firearm or someone on my block was to oWn a firearm, and someone was shot in my neighborhood or on my block, the first person I would assume, and I could be Wrong, that the police may come to, are the people in that prospective neighborhoods who are reqistered with them, who own a handgun. And the problem that I have with that is that there are a number of people who, number one, in the City of Chicagoz would like to register a handgun and may have no problem in doing so. But to cause a paper trail that the Police Department may noW go up to some...for me, for sake of conversation: and come up to me and say, ''Can I see your firearm?'' and go through this whole thing, where maybe I wasn 't even home at the time, and cause a hardship on ny family, that's the reservation that I have on this bill. And that's the only reason that I am going to be opposing this, Senator.

PRESIDING OFPICER: (SENATOR LUFT) Further discussion? Senator Watson.

ïes, thank you, Mr. President. I too rise in opposition to this particular piece of legislation. I have read it overs the analysis that We have here, and we do have the Firearm Owner's Identification Card here in Illinois. And I don't know hoW you are in your dkstrket: but I know in nine, I get numerous calls from people in my district kho have a terrible time in gettinq the card back. It takes thirty, sixty days oftentimes to get the card back. Now I don't know what wedre doing hereg but just creating more...more of a paper erailr as was previously said. And I also understand that the knGkvidual, whoever is the holder of this HOID Cardz must report the sale: transfer, purchase or acquisition of a handgun to the Department of State Police within seven days of khat eransaction. Okay, that's fine. Then we turn around, and the Department of State Police then has eo turn around and Within 287  STATE OF ILLINOIS 86th GENERAL ASSEMBL; REGDLAR SESSION SENATE TRANSCRIPT 36:b Legkslative Day May 25, 1989 fourteen days issue a statement to the local unit of law enforcement, tellin: them that this individual has applied for the card, and give them the name and whatever...

PRESIDING OFFICER: (SENATOR LUFT) Excuse me, Senator Watson. Excuse me.

Yes.

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz, for what purpose do you arise?

We really can save time if they speak to this bill. What you're talking about has nothing to do with this bill. It's not in this bill, and the bill that you just referred to is still in committee, was never called, they never even let out of committee.

PRESIDING OEPICER: (SENATOR LUFT) Senator Watson. You may proceed.

Well...the Gentleman may be correct, but I mean as far as know and al far as our analysis: this is Senate Bt11 110Q, whichv..this establishes a HOID Card. And there's a policy and a process by which you have to apply. And one, you have to apply, the State then does have to notify the local law enforcement communlty. Not in this bill? All right. Well, it doesn't change my mind any about the legislation. I still khink it's a bad idea.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Karpiel.

Thank you, Mr. President. I'm sorry if this was already answered; was out in the side hall there. If I owned, Senator Marovitzy if I owned a handgun at the present time and I have a FOID Card, do I have to also go ahead and gek khe HOID Card?

PRESIDING OFFICER: (SENATOR LUFT) 288  STATE OF ILLINOIS 86th GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Senator Marovitz.

You would have to get a HOID Card instead of the FOID Card . Not both.

PRESIDING OFFICER: (SENATOR LUFT) Senator Karpiel. SENATOR KARPIEL; If I have a shotgun or a rifle, at the present time, have a FOID Card. I would have to go out and get, would no* have to go out and get...?

Senator Marovitz.

Okay.

Do you have a rifle? You don't have to do anything that...this bill - this package - has nothing to do with that. It's a handgun package.

PRESIDING OFFICER: (SENATOR LDFT) Further discussion? Senator Karpiel.

Well, think part of the reason Webre confused here is in the analysis. It sayse ''No person may acquire or possess any firearm, handgun, or firearm ammunition without having a FOID Card, or HOID Card, or both a POID and HOID if he possesses both types of Weapons.'' And it didn't say whlch was which.

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz.

I will clarify it for everyone. If you have a rifle: you: today, have to qet a FOID Card. This doesn't change that or add any requirements at all. 289  STATE QF ILLINOIS 86th GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? Senator Keats. Senator Keats.

Thank youe Mr. Presidentg Ladies and Centlemen of Ehe Senate . I've read the analysis of the bills, too. I have Worked with Senator Marozitz and Senator Rock, and I tell you, I appreciate everyone's concern. And would say I'm probably about as conservative as anybody in here, and I admit, I get a little worried about things once and while, too. But if you actually read the bill elearly, you know, this is not really a major earthshaking bill. It sets certain limiEations, at least gives you an ability to track this stuff. You know, I listen to the debate, and I'm beginning to think that maybe Senator Marovitz is leading a crew of four hundred, or armed to the teeth, coming out and stealtng weapons. But you know, that isn't what the bill does. If you actually look at the bill, specifically, this is a very moderate bill. It deals with what is a legitimate problem , and it does it in a very limited fashion. If you actually read the specific bill, youdll see that this is nowhere near What everyone thinks it is. And While I'd seek a Yes vote from you on this: I recognize a few of you perhaps won't be with us. But if you read khe bill, you'll discover khat itls nowhere near as onerous as people are saying, and in realityy is a very minimal bill that does put up at least the kind of limitations you need.

PRESIDING OFFICER: (SENATOR LUFT) Further discusskon? Eurther dkseussion? If not, Senator Rock, to elose.

Tbank you, Mr. President. Ladies and Gentlemen of the Senatey I rise in obvious strong support of Senate Bill 1100, and I would ltke to point out, having sat and listened through this debate as 290  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRXNSCRIPT 36th Legislative Day May 25, 1989 I did, that I think there truly is some misapprehension about what's contained herein. This bill says very simply what is a handgun. A handqun, it says, is ''any firearm designed to be fired when held by one hand, or which has one or more barrels less than sixteen inches in length.'' And what does the bill then say? It says, ''No person may acquire or possess a handgun within this State without having in his possession a Handqun Owner's Identification Card issued in his name by the Department of State Police.'' Who ean :et a card? It says, ''The Department of State Police has authority to deny an application or to revoke and seize an already-kssued card if, one, a person was eonvicte; of a felony under the laws of this jurisdiction; two, a person is addicted to narcotics; three, a person Who's been a patient in a mental inskitution; four, a person who's mentally retarded; or five, a person who intentionally makes a false statement on the application on the FOIb Card.fd NoW Senator Davidson, I don 't think that touches any leqitimate gun owners, nor is it our intent. The fact of the matter is, seems to me: as a matter of public policy, that we ought to relate and do something about the proliferation of handguns in our society. That proliferation, that number of guns out there on the streete ought to scare the hell out of all of us. Can We politically forbid the manufacture and sale and possession of al1 guns? I think we can. Politically, realistkcally, can we get it done? Obviously not. So a1l We are saying by virtue of the provision - the proposal - in Senate Bill 1100. is let?s aEtempt at least Eo gek a handle on this madness. Let's have an identification card . You can own a1l the guns you Want. A1l We want to be sure is that you are, in fact: legitimate and stable, and not a felon or a drug user. Is that too much to ask? Ik is a simple idenkificakion card. It's an attempt to respond to the madness that's gripping our society, and l would urge an Aye vote on Senaee Dill 1100. 29l  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25e 1989

PRESIDING OFFICER: (SENATOR LUFT) The question is, shall Senate Bill 1100 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voeed who Wish? Have all voted who wish? Have all voted who wish? Take the record, please: Mr. Secretary. On that question, the Ayes are 18, the Nays 39, none voting Present. Senate Bill 1100, havin: failed to receive the required constitutional majority, is declared failed. On the Order of 3rd Reading at the top of Page 29 is Senate Bill 1101. Senator Marovitz. Read the bill, pleasez Mr. Secretary.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 1101. (Seeretary reads title of bill) (machine cutoff)

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz.

Thank you very mueh, Mr. President and Members of the Senate. The next bill in this package says that if you oWn or possess a handgun, you must report the serial number and description of the gun to the State Police. It's just that simple. It doesn't change anything else in terms of ownership or make a hardship on anybody. It just says you just have to let the State Police know the serial number and the description of the :un khat you have. That is

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Barkhausen.

Mr. President and Members, to shorten the debate, 1111 just quickly make reference to the points that I made, and I think particularly, Senator Raica made, in Ehe debate on the last bill. Aqain, I think there'so..a less expensive, more effective Way to 292  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 do this. Again, the method that's just been adopted in the State of Virginia -- I think we can find a bill that we can use as a vehicle to accomplish that, and I would urge your oppositlon to this measure.

PRESIDING OFFICER: (SENATOR LDFT) Eurther discussion? Senator Fawell.

Thank you. Will the sponsor yield for a question?

PRESIDING OFPICER: (GENATOR LUFT) The sponsor indicates he will yield.

I was trying to speak on the other bkll, and 1...1 guess I dldn'k hlt my button soon enough. You know, I don't own a gun. I don't know anything about guns. 1...1 have people that like them, and people that don't like them, in my district. You've 9ot a FOID Card. F-O-I-D Card, right? What does that do? What do you have to do in order to get a FOID Card?

PRESIDING OFFICER: (SENATOR LUFT) Senaeor Marovltz. SENATOR MAROVITZZ Basically today, in order to get a POID Cardg you have to answer three basic questions. Okay? Have you been convicted of a felony in the last five years? Are you addicted to drugs? And have you been in a mental institution in the last five years? You answer those questions. You fill out the application, and you get a Firearms Ownerls Idenkificaeion Card and have *he right to buy any :un that you Want in the State of Illinois.

PRESIDING OPPICER: (SENATOR LUFT) Further discussion? Senator Fawell.

Okay. So# do you.ewhow do you get the FOID Card? I mean, you fill out the application, then you mail it in to somebody...? 293  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989

PRESIDING OFFICER: (SENATOR LUPT) Senator Marovitz.

...or do you take it to somebody? PRESIDING OFFICERZ (SENATOR LUFT) SenaEor Marovitz.

Currentlyw..currentlyp you mail in to the State Police. That is it. That's hoW loose the laws are today.

PRESIDING OFFICER: (SENATOR LUFT) Purkher discussion? Senakor Raica.

Mr. President: a question of the sponsor, please.

PRESIDING OFFICER: (SENATOR LUFT) The sponsor indicates he Will yield.

Senator Marovitz..., I guess particularly to the question, or the comment I made.e.in Senate Bill 1100. Currently, the City of Chicaqo says that you do not have to...or you cannot register a handgun in the City of Chicago. Under this bill, 1101, are you mandatinq now that the City of Chicaqo Will be included? And if you do purchase a handgun in the City of Chicago, you must register it# or will the City of Chicago, again, be excluded from thks legkslation?

PRESIDING OFFICER: (SENATOR LUFT) senator Marovitz.

The City of Chicago has a local ordinance which prohibits the purchase of a handgun now, within the boundaries of the City of Chicago. If you own a gun, you still must send in the serial number and description of a gun which you own, under the purview of this bill. 294  STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day Kay 25, 19:9 1 1

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Raica.

I...pleaseo..excuse me, Senator Marovitz. I'm just...l quess I'm just a liktle confused, and if you can jusk puE me on the right track, 1911 be all right. If right now, if you...l guess ' cannot purchase a handguny number one, in the City of Chicago, because you can 't register it there. Correct?

PRESIDING OPFICER: (SENAYOR LUFT) Senator Marovikz.

You cannot purchase a gun ln the City of Chicago today. That is correct. PRESIDING OFFICERI (SENATOR LOFT) Senakor Raica.

So basically, under Ehis bill, 1101, you could still not do that, and if someone owned a handgun in the City of Chieago, ik would not be registered. Am I correct? 'Cause number one, you can't buy a handgun in the City of Chicago. So if you can't buy a handgun, you can't have it at homer 'cause there is an ordinance that says you can't register it. So it's illegal, correct?

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz.

You cannot..eyou.o.you can.o.you can have owned a gun: prior ko the passage of this local ordinance. And if you owned that gun, you still have a right to have that gun.

PRESIDING OPPICSR: (SENATOR LUFT) Senator Raica. SENATOR RAICA) But What this bill is not addressin: is that if someone from I ' 295  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th tegislative Day May 25p 1989 the City of Chicago wanted to purcbase a handgun, he legally could not have that handgun: because the local ordinance says that he can't register it. Am I correct?

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz. SENATOR MAROVITZ: * I'm sorry, would you repeat that?

PRESIDING OFFICER: (SENATOR LUFT) Senator Raica.

If I were to purchase a handgun, I would, number oney have to do ik outside the city limits. And kechnically, I could nok have it in the City of Chicago, because there is an ordinance that says, I cannot, number one, register one, which means I cannot, number two, oWn one within the City of Chicago, because of that ordinance. So if right now this bill doesndt, number one, assist a law-abiding cltizen who would like to buy a handgun, purchase that handgun, and register that handgun: within the limits of the City of Chîcago. Right?

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz.

That 's correct. This...this does not assist a law-abiding citizen who lives wikhin the City of Chicago in buying a gun within *he confines of the Ciky of Chicago. Local ordinanee prohibits that, and we are not going to do anything in this Legislature ever to obviate the right of the city fathers in Chicago to have that local ordinance.

PRESIDING OFFICER: (SENATOR LUPT) Further discussion? Senator Raica. SENATOR RAICA: i ! Iguessagain,Mr.President,Ladiesofo..LadiesandGentlemen 1 296  1 1 STATE OF ILLINOIS 86th GENERAL ASSEMBLX I REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25g 1989 of the Senate, that is what my concern is. If...if...khat ny concern is, number one, there's...if...if I wanted to purchase a handgun within the Qity of Chicago, number one, I can't, because the ordinance says I can't. If this...if this bill were to include the City of Chicago: where you could purchase a handgun and could register that handgun, I wouldn't have a problem with it. But, number one, itls.q.it's not assisting those who really...if they wanted to buy a handgun: and be law-abidin: citizens, and have that handgunz and register that handgun, number one, the HOID Card wouldn 't help them out, because they can't own a handgun in Chicago. Number two, if they did own a handgun now, it's illegal, because you can't register it. So this piece of legislation doesn't really help those law-abidin: citizens that would want to purchase a handgun, would want to reqister that handgun: and therefore, I would have to oppose this piece. PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Oh, I'm sorry. Senator Marovitz, you kanted to respond. SENATOR MAROVITZ: Senator Raica, just to make it clear. This law doesn't change current law in Chicago at all. When you say it doesn't help, the packaqe of bills is not calculated to help people buy guns that..owhere they can't now. It doesn't keep people from buyinq Quns where they can't now. It doesn't change their riqht to buy a qun. This doesn't change anybody's right to buy a gun anywhere in the state of Illinois. PRESIDING OFFICER: (SENATOR LUFT) Senator Raica. SENATOR RAICA : Thatls exactly my point. It doesn't deter criminals from having a gun, either. And if I'm a law-abiding citizen Who wants eo leqally, under the law, purchase a handgun, keep the handgun at 297  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25, 1989 my home, register it With the State of Police...the Office of the I State Police, I canlt. But that doesn't mean the :uy who's going to rob my homeîs gun is registered, either. So what I'm saying is I'm a law-abiding citizen, I Want to register my gune I willing to have the card, but the ordinance in *he City of Chicago says I candt. Let's be stricter on the criminals, and not on the innocent guys.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Kustra.

Thank you, Mr. President. Question of the sponsor?

PRESIDING OFFICER: (SENATOR LUFT) I'm sorryg Senator.

Question of the sponsor.

PRESIDING OFPICER: (SENATOR LUFT) He indicates he'lloo.yield.

Thank you. Senator Marovitz, one of the things I noticed in the analysis about, I believe, the entire package, is that the Departnent of State Police hasn't taken any..oany position on your bills. And in regard to this one, I Would ask you if they have given you any indication of how, or in what mannery they would collect all of this information that youdre requiring them to do? And then, just what is your purpose? What will the Department of state Police then do with it? Do they have the capability to do this? Have they given you any indication of those things?

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz.

Thank you for asking that question. What...what we heard in committee and in subcommittee and in our hearingsg from 1aw 298  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 enforcement officials across the State, was that a reqistration 1aw like this would greatly assist them in tracking weapons that are used in violent crimes, and in better being able to track down individuals that have committed these violent erimes. It's not a foolproof scheme, just as mandatory auto insurance isn't a foolproof scheme. But the fact is, it will better able help them to track the individuals and the weapons used. What happens is they have to send in the description and the serial number to the State Police. It's not a foolproof plan, to be sure, but 1aW enforcement offkcials tbink it wkll belp them.

PRESIDING OFFICER: (SENATOR LUFT) Purther discussion? Senator Davidson.

I1d like to ask from the Cbair, since the definition of a handqun was in 1100, which was defeated, and.. .handgun is referred in these other bills, and the bill which described it. . . defined it, was lost: and these others just keep referring to handguns. Are tbese next series of bills tbat deal with this subject now in order?

PRESIDING OFPICER: (SENATOR LUFT) (machine cutoffl...l mean I dondto..l don't know why that...that would not be in order. We have bklls dealing with the same subject matter that don't have to necessarily be removed from each bill..a.tmachine cutoffl...senator Davidson.

I understand that, but the question I askg since you spread it in about eight, or ten, or thirteen bills, which probably should have been in one or two, the definition of what is a handgun was defeated. It is nowhere in the Statute. If one of these would by accident become 1aw - and I pray to God it doesn't - then you have no definikion of handgun. And I just want to ask a technical question. Ise.eare these series of bills, 1101 through 1108, I 299  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 believe it is, technically a parliamentary inquiry...l mean technically correck, since the definition was already defeated.

PRESIDING OFFICER: (SENATOR LUFT) The Chair believes that there is common dictionary definition of handgun: and these bills are in order. Further discussion? Senator Geo-Karis. SENATOR GEO-KARISI Well, Mr. President, Ladies and Gentleman of khe Senate, there are all kinds of handguns. There are some that are small, some that are large, and what have you. But you know, let's not kkd ourselves. Wefre not going to stop crime. The criminals aren't going to register their guns. They'd be crazy if they did. But We will have to register our guns under this. Let me tell you sonething. What we really need is strong enforcement of the bills that we havew..the laws that We have on the books. And the solution to crime and violence is a strong criminal juskice system, with mandatory sentencinq' and no parole for violent criminalsz and a death penalty for murderers, because restricking of fireguns from a law-abiding citizen is hot the answer. I know of a specific instance of a friend of mine, Who...her husband and she went into their home and there were two ex-convicts waiking for them. They trussed him up in one room, and tied her up in another room. They starked torEuring him, trying ko find ouk where the money was. Well, she fortunately remembered she had a little handgun in her bookcase, and she just struqgled over and got over to the bookcase, goe ehat likele gun, and shok those guys, and shot them dead, and they deserved it. Now, they are law-abiding citizens. So I am not going to restrict law-abiding citizens from protecting themselves and their family.n their families in their homes. And the emotionalism we have.o.let's enforce khe laws we have on the bookse for heaven 's sakes, and let's not go With every emotional thing that comes out. 300  STATE OF ILLINOIS 86th GENZRAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 36th Legislative Day May 25g 1989

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? Senator Marovitz? Senator Marovitz, do you wish to close?

Veah, just very briefly, 1'11 just say that this...this legislation, when khere are guns that have been stolen, would give us a way to return those guns that have been stolen to their rightful owners. In hostage-taking situations, Would help 1aW enforcement offieials have an idea of what they are confronted wikh. The law enforcement officials of our State have told us this is somethinq that ehey need, and will help them enforce the law and track the weaponsr and I solicit your Aye vote. PRESIDING OFFICER: (SENKTOR LUP'J Al1 right. The question is: shall Senate Bill 1101 pass. Those in favor will vote Aye. Those opposedp vote Nay. The voting is open. Have all voted Who Wish? Have a1l voted Who wish? Have all voted who Wish? Take the record please, Madam Secretary. On the question, the Ayes are l5, the Nays 39, none voting Present. Senate Bill 1101, having not receiving the required constitutional majority, is declared falled. 0n the Order of 3rd Reading is Senate Bill 1102. Senator Marovitz. Read the bill, please, Madam Secretary.

Senate Bill 1102. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. Well: basieally what tbis leqislation does is say is someone is goinq to get a qun, we ought to have a little bit more information 30l  STATE OP ILLINOIS 86th GENEKAT, ASSEMRLY REGDLAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 about that individual. And if someone is buying a :un for a legitimate purpose, what is wrong with going to a law enforcement aqency, the police stationz applyinq for your card at the police stationz showing them three pieces of verifying identification including a picture: and giving them some additional information about where you have worked for the last five years, Where you have lkved for the last five years, just so We can :et a little bit more information about this individual. Ik is our hope that by going to a laW enforcement agencyz the police station, this will deter people from lying on their application, from using false names and aliases on their application. We think in-person verification will go a lon: way toward making sure that theeo.that the cards ehat are issued are not issued to the wrong people and in the hands of the wronq people. And in fact, if those of you on the other side of the aisle, and who have been kowtowing to the National Rifle Association, are concerned about the right to have guns, a11 this says is, ''ïeah, you can have your gun. Just let us know something about you. Let us know about your background. Show us by verifying identification that you are who you say you areo'' I solicit your Aye vote.

PRESIDINC OFFICER: (SENATOR LDFT) Discussion? Senator Dudycz.

Thank you, Mr. President. A question of the sponBor.

PRESIDING OFFICER: (SENATOR LUFT) He indicates he will yleld.

Senator Marovitz, 1...1 have a little concern about the information that you are seeking from the handgun owner in this bill. Could you give a little bit more information on what you will be requesting under 1102 of the owner, as far as kdentifieation? 302  STATZ OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25r 1989

PRESIDING OFPICER: (SENATOR LUFT) Senator Marovitz.

This legislation calls for the individual to 9o to a 1aw enforcement agency, and ko supply three pieces of verifying information: including one that has a picture. That's it.

PRESIDING OFFICER: (SENATOR LUFT) Senator Dudycz.

Would.wvwould that include things like Social Security Cards or these cards tbat you can :et downtown wbere you give them two dollars or...

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz.

The answer is yes.

PRESIDING OFFICER: (SENATOR LUFT) Senator Dudycz.

So in effect, they can give...get some.e.they can give this infozmation, even if it's false, and.e.an; zegukze the police department to go searching and investigatin: to try to verify -- who is going to be responsible to find out Whether this information is or is not true?

PRESIDING OFFICER: (SENATOR LUFT) senator MaroviEz.

There is nothing in this legislation that requires the police department to verify the veracity of the information. That is done by the State Police. And specifically, in committee, we talked about that. The police departnent is not in any way responsible or liable to verify the information. Only that in 303  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25' 1989 fact: what pieces of identification were submitted and that khey corresponded with the information gkzen on the applkcation. PRESIDING OFFICER) (SENATOR LUFT) Senator Dudycz.

1... I quess for my own personal clarification, Senator Marovitz, since 1100 and 1101 failed, as of this point, there is no HOID Act. Do you intend to amend one of these bills if they pass on to...put all of this together or...?

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz. Senator Marovitz.

If you...if...no, I do not.

PRESIDING OFFICCR: (SENATOR LUFT) eurkher discusslon? Further dlscussion? Senator Marovitz, to close.

Solicit your Aye vote.

PRESIDING OFFICER: (SENATOR LUFT) A11 right. The question is, shall Senate Bill 1102 pass. Those in favor w1l1 vote Aye. Those opposedy vote Nay. The voting is open. Have all voted who wish? Have a11 voted Who wish? Have all voted who wish? Take the reeord: please, Madam Seeretary. On khe question, the Ayes are l5r the Nays are 40, none votin: Present. Senate Bil1 1102, having not received the required constitutional majorityg is declared failed. On..wlmachine cutoffl... END OF TAPE TAPE 304  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSIQN SENATE TRANSCRIPT 36th Legislative Day May 25# 1989

PRESIDING OPFICER: (SENATOR LDFT) a. . order of 3rd Reading is Senate Bill 1103. Senator Marovitz? Read the bkll please, Madam Secretary.

Senate Bill 1103. (Secretary reads title of bill) 3rd Reading of the Bill.

PRESIDING OFFICKR: (SENATOR LDFT) Senator Marovitz.

Thank you, very mucb. I hope everybody Will listen up on this one: because this is one that the NRA ackually supports. You heard me correctly - actually supports - and We...We...wellr if.eeif you doo..if the individual up there -- I wanko..l want him to say it publicly. Because on TV and radioz representatives of the NRA have said thak they support this leqislakion, and let me tell you what it is. If you go today *o Marshall Fields or any store, and you want to buy some cologne or perfume, and you give them your Amerkcan axpress card, or Visa, or Mastercard, you have to sbow them the card and they verify that the card is good - it's not charged up to the max, it isn't revoked or suspended before they'll gkve you the card back and qkve you your perfume or cologne. But it's a lot easier to buy a handgun, because you...they donltasothere is no Way to check the validity and the.o.the fact that that currenk FOID Card is still valid. All this says is when you go to buy a gun, the State Police Will set up a hotline. And the :un dealer has to call the hotline and see that the FOID Card is still valid...valid...that it hasn't been revoked, suspended, you haven't been caught dealing drugs or been in a mental institution or convicted of a felony, before they can sell you your gun. Thatls al1 it says. That they...that there's a 305  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 hotline established by the State Police so that before ehey sezl you your gun they check with the hotline to see if the card is still effective. And in all the debates that I've done With the Natàonal Rifle Associakion, khey said '1Well, we think khat's such a good idea because it was our idea.'f The National Rifle Association said ''That Was our idea. It...it...it emanated from us.'' So I said, MSO you support that?'' ''ïes, we support that, wholly. Wholeheartedly.î' So I Would solicit your Aye vote. And if you look at this bill, thatbs...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion?

... all ik does.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Okay. Any discussion? Senator Geo-Karis.

Briefly, my..omy analysis says that the opposition is the Illinois Rifle Association: the NRA, and the Illinois Gun Collectors Association.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Yeah. Probably get the same votes. Any further discussion? Question is, shall Senate Bill 1103 pass. A11 in favorr vote Aye. All opposed, vote Nay. Voting is open. Have a1l voted who wish? Have all voted who wish? Have al1 voted who Wish? Please take the record. On this question, there are 24 Ayes, 33 Nays, none recorded as Present. Thks bkll. havknq fakled...fakled to receive the constitutional majority, is hereby declared lost. 1104. Senator Marovitz. 0ut of the record. 1105? Read the bill.

Senate Bill 1105. (Secretary reads title of bill) 3rd Reading of the bill. 306  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25g 1989

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

Thank you very much. All this one does is require an individual who applies for the Owner's Identification Card to supply some additional information, such as a driver's license number, the address for the last five years where they fve lived, and the employers for the last five years. Thatls a11 this does.

PRESIDING OFFTCER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 1105 pass. Al1 in favor, vote Aye. All opposedz vote Nay. Votinq's open. Have al1 voted who wish? Have a11 voted who Wish? Please take the record. On this question, there are 17 Ayes, 38 Nays, none recorded as Present. This bill, havin: failed to receive the constitutional majority, is hereby declared lost. 1106. Senator Marovitz. Read the bill.

Senate Bill 1106. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

Thank you very much, Mr. President, Members of the Senate. The current 1aw says that if you've been in a mental.ooincarcerated in a mental institution for the last five years, you cannot get a...a Owner's Identification Card. This legislation says if you've ever been incarcerated in a mental institution, then you cannot get a Owner's Identification Card . I don't think itls a good idea for handguns to be in the hands of people who have...had to have been incarcerated in mental institutions. Currentlyo..currently: those who are mentally retarded cannot get a handgun. Those who are 3B7  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 addicted to druvs cannot get a handgun. Those Who have commiktedo..a felony cannot get a handgun. And I think we ought to add to that list individuals who have been incarcerated in a mental institution. I solicit your Aye vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Fawell.

Thank you. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he Will.

According to our analysis, Senatorz it says..asenator DeAngelis, will you sit down so I can see him? It says.. . thank you...that it 's...youlre talking about a HOID gun...a HOID Card. Are you talking about a HOID Card or a FOID Cardg in this? I meanz if it's a POID Card...you know...l think it's a pretty good ideae but kherefs some confusion on the analysis.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Marovitz.

The intent of the legislation is to apply to handguns only.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senaeor Hakkinson.

Thank you, Mr. President. Xou...you know: in committee the Illinois Rifle Association and the National Rifle Association did talk about hotline provisions which Were in, I thinky ll03e and the release of.o.of mental illness information and the ability to access that. I have been hopeful that there'd been some work and some amendments with these organizations to put that in the existing FOI language. And I think, were that to be done àn future legislation, khere'd probably be a lot of support for those 308  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SZNATE TRANSCRIPT 36th Legislative Day May 25, 1989 concepts: but this is still another part of the H0I package, Without amendment, and for that reason vote no.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senaeor Pawell.

. .. I'm ...Ilm sorry, I didn't understand your answer. Our analysis says that you are still talking about HOID Cards. Now.soyou know...there is no such thing, because that legislation went down. What I want to know is, are you saying if someone is mentally ill, does it say in the bill that under your legislation, they cannot get an F-Q-I-D Card?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

The legislation refers to HOID Card, because that Was the package. Since that part of the package dld not passz should this bill pass to the House, it will be amended to apply to FOID Cards onlyz because that's the only card there will be.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Woodyard.

Thank you: Mr. Presidenk, Members of khe Senate. Would the sponsor...sponsor yield?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Indicates he kill.

Well...senator Marovitz, as I understand it nowg When an application is made for a FOID Card, there is a computer erossmatch between at least two agencies thak I know ofz Mental Health and Department of Corrections. If it is found, particularly in a felony, that a person has been convicted of a felony, it's my understanding if that felony did not involve khe use of a handgun 309  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25 , 1989 or.eeor such as armed robbery or something like that, that there is an appeals process that can be made to actually acquire a FOID Card. Now I'm not sure that that applies in the case of mental health, or incarceration, or any treatment in a mental healkh facility. But I assume that that appeals process is there. Are you...under this bill, would you say that you Would eliminate that appeals process?

PRESIDING QFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

No. Thts would not affect the appeals process at all.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 1106 pass. A11 in favor Will vote Aye. A11 opposed, vote Nay. Voting îs open. Have a11 voted who pish? Have all voted kho Wish? Clerk will take the record. On this question, there are 22 Ayes, 36 Nays, none recorded as Present. This billr havinq failed to receive the constitutional majorikyz is hereby declared lost. 1107. Senator Marovitz. Read the bill.

Senate Bill 1107.

PRESIDING OFFICER: (SENATOR LECEOWICZ) Out of the record. 1108. Senator Marovitz. Out of the record. 1118. Senator Etheredge. Read the bill.

Senate Bill 1118. (Secretary reads title of bill) 3rd Readinq of Ehe bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 3l0  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 This is the GO Bond Authorization bill for FY'90. Unlike some others khat we've seen in the past, this actually shows a net decrease in the bondin: authorization. A decrease that amounts to two hundred and sixty-nine million dollars. That comes about as a consequence of the -- of rescinding the five-hundred-and-thirty-five-million authorization for the Superconducking Super Collider. So that five hundred and thirty-five million is rescinded, but then there are increases in various of the bond categories. But as I said, the net result overall of the enactment of this bill is a reduction of two hundred and sixty-nine million dollars. I'd be happy to respond to any questions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in opposition to this legislation. While Senator Etheredge pointed out that the Governor was not successful in getting the Super Collider and Texas beat us, even after the support for the current President of the United Statesz what he did not mention in here is there are several other bad provisions in this, in addition to a very high authorization level much higher that anyone anticipates appropriations to go. But it also allows the Bureau of the Budget to charge whatever bond fund they want for bond expenses, whether those funds are related to that bond issue or not. Now that's something we should not ever be doing. If there's a cost to an issue, thak issue should be bearinq iks cost. In addition there are projects in here, apparently, for programs that no one yet has seen, and yet there are other areas that seem to be belov ehat even the Governor has asked for. But I think that the type of language that the Bureau has asked for, which is inconsistenk with that which the Comptroller has indicated should 31l  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 nok be allowed. Additionally, the Bureau of the Budget no longer wants to have eo advertise when it offers a bond. We think there should be public ads for bonds for participation in being able to buy or sell khe actual issues. The Bureau of the Budget has taken out any publie notice. It no longer Would have to be published ln a newspaper when they want to offer a bond. Whether it's a negotiated sale or a competitive sale, they could do so in the darkness of their offices, instead of opening up to a normal notkce procedure. For those reasons, I think we should oppose tbis authorizakion at this time.

PRESIDING OFFICER: (SENATOR LECROWICZ) Senator Etheredge, to -- to close.

Well, I would -- the requirement of advertising is -- alkhough there are some ehanges that are proposed --

PRESIDING OFPICER: (SENATOR LECHOWICZ) Excuse me. SENATOR ETHEREDGEI -- there is still --

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me, Senator Etheredge. I'm sorry: Phil, didn't see your light on. Senator Rock.

Tbank you, Mr. President. 1 Was just going to inquire of the Chair, since this is an obvious increase in khe Bond Authorization, can assume: I hopez that kt requkres --

PRESIDING OFFICER: (SENATOR LECHOWICZ) Thirty-six votes.

-- an extraordinary vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Right. ïour point às Well taken. This measure Will take 3l2  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25# 1989 thirty-six votes. Senator Etheredge, to close.

There are changes that have been recommended in the requirement of advertising, but I can assure you that the requirement of advertising, providing advanced notice for these sales, is still maintained. I would ask for a favorable roll call on this legislation.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question isz shall Senate Bill 1118 pass. All in favor, vote Aye. Al1 opposed, vote Nay. Voting is open. Have all voted who Wish? Have al1 voted Who Wish? Clerk will take the record. On this question, there are 26 Ayes and 27 Nays and 4 recorded as Present. This bill, having not received the constitutional majority, is hereby declared lost. 1125. Senator Barkhausen. Read the bill.

Senate Bill 1125. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWTCZ) Senator Barkhausen.

Mr. President and Members, this bill is a request of the Commission on Savings and Loans. I know of no opposition. It was amended to Eake out the one provision that might have been somewhat controversial that's -- somehow relates to the bill -- We probably will be dealing wiEh later, relating Eo the powers of banks to sell insurance, but this, of course, deals just with S & Ls. I1d be glad to try to answer any questions, and otherwise solicit a favorable roll call.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 1125 pass. Al1 in favor, vote Aye. A11 opposed, vote Nay. Voting is open. Have 3l3  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SSSSION SENATE TRANSCRIPT 36th Legislative Day May 25: 1989 a11 voted who wish? Have a11 voted who wish? Please take the record. On this question, there are 58 Ayes, no Nays, none recorded as Present. This bill, having passed -- received the constitutional majority: is hereby declared passed. 1134. Senator Welch. I'm sorry. Agreed Bill List. 1135. Senator D'Arco. Read the bill.

Senate Bill 1135. (Secretary reads title of bil1) 3rd Readinq of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator D fArco.

Thank you, Mr. President. I Would move to recommit 1135 to the Executive Committee.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Gentleman asks leave of the Body to recommit Senate Bill 1135 to Executive Committee. Hearinq no objection, the bill is so recommktted. 1136. John. Agreed Bill List. 1149. Demuzio. Senator Demuzio. Read the bill.

Senate Bill 1149. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Demuzio.

Mr. President, I -- I move to recommit Senate Bill 1149 to the Committee on Executive.

PRESIDING OFPICER: (SENATOR LECHOWICZ) The Gentleman asks leave of the Body to recommit 1149 to Exec. Hearing no objections, the bill is so recommitted. Top of Paqe 3l4  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SZNATE TRANSCRIPT 36th Legislative Day May 25, 1989 30. l1S2. Senator Welch. Read the bill.

Senate Bill 1152. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.

Thank you, Mr. President. What this bill does is amend the Public Utilities Act concerning competitive bidding to meet electrkû power demand. This adds to the process We have been developing here in the Leqislature dealing with the least cosk possible as far as bringing new utilities on-line or conkinuing utility cost as they go. We had been working on some sort of agreed amendment to this billy as far as the tlming of the hearings on when *he leask cost process Would kick in. Those are ongoing. I 'd be glad to try to answer any questions on this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senakor Maitland.

Thank you very much, Mr. President and Members of the Senate. Senator Welch, I guess my -- my question is Why? This is -- it appears to us as a redundancy and -- and we've -- we've -- tbeoretically, we bave walked tbrough thks process once, and we're startin: all over again. And Why -- Why do it again?

PRESIDING OPFICER: (fENATOR LECROWICZ) Senator Welch.

Well, basically, the reason we're tryin: to do it aqain, as -- as you say, is what we're tryin: to do is require the Commerce Commission to hold hearings and consider what means and sources for meeting the future demand whenever there's a proposed increase 3l5  STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25,.1989 s in generating the capacity by a -- by a utility. If they propose -- a utility proposes creating more generating capacity, why shouldn't we try to find out what is the cheapest way to produce that capacity? Shouldn't there be some requirement that instead of takinq what ks set at face value: that we look at whether coal is the best way to go? Whether nuclear power is the best way to go? Whether hydroelectric power? I don't think thatls asking too much. I think that the simple matter of holding a -- a hearing to determine what is the best process for developing electricity in the Stake of Illinois is noe asking too much.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Maitland.

Thank you, Mr. President and Members of the Senate. Senator, you know full well that this has already taken place in the first hearing, and -- and We're'simply going back through the process once again. Now, you know, I donft I don't see how anybody can gain anything from this at all. It is -- it's absolutely a redundancy - an extra expense for the ICC. Nobody's going to gain anything. And I -- 1, just simply donêt understand why youdre doing this.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch.

Thank you, Mr. President. I rise in support of the bill. And as Senator Welch said, there still are some discussions taking place, I think, that will perhaps refine this. But I Ehink there - - there's a real point to be made here, and that is that this -- We're not talking about a whole new hearlng or something that should go on afterwards; that's what's got to be resolved. The point is that al1 of this information should be in the Within ehe two-year planning processe and should be there earlier rather 3l6  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 36th Legislakive Day May 25, 1989 than later, so that it can have some bearinq on what khe Commission determines. I think that is really what the intent of the bill iG. If there is some refinement that has to be done, that's going to be done with subsequent discussions as the bill proceeds along, but it really is a very important point of the two-year energy-planning process. And I think it is important that -- that the bill pass so that the information is going to be there when it can be used and useful.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Welch, to close. I'm sorry. Senator Maitland.

Mr. Preskdent, I'm sorry to rise for the second time. But isn't the -- isn't the information there the first time? Why --

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Welch.

-- and -- and the answer is yes, Senator. So why -- why do we do it aqain?

PRESIDING OEPICER: (SENATOR LECHOWICZ) Senator Welch.

Well, 1et me make an analogy, Senator Maitland. Let's say that you decide that you need a biqger house. Well, youlve made that decision. That's similar to the decision that's made here. The question is, who is going to bid to build that house. Who can do the cheapest? That's what we want to find out with khis particular piece of leqislation. We want to once determine what îs neededz and then find out who can supply that the eheapest. Ikss not starting a1l over again to determine whether we're qoing to build that house, but who's the cheapest electrician that does the best job - who's the cheapest roofer. That's what wedre looking for. 3l7  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Leqislative Day May 25, 1989

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Maitland.

Well, thank you, Mr. President. And I -- 1111 just simply close by sayin: you -- youdve been through that process oncee and it's absolutely redundant to go back tbrough it agaîn. Itts an extra expense. It's not necessary. And We ought to oppose the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Cook, Senator Macdonald.

Thank you, Mr. Preskdent. I rise, too, to join Senator Maikland in strongly opposing this bill. It was only in 1985 Ehat we rewrote - at the request of consumer groups - khis whole process. And this is just duplication. And I'n sorry to say that I - - I see no point in ik at all, and I think this bill should be defeated.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch, to close.

Well, it -- it's kind of curious that once rewritin: tbat Actz that this is something that Was left out, but nonekheless, that is the truth. Porty states around the country have a similar provision in their Statuee. Porty states. This isn't redundant. Thil ks something tokally different. Thks goes a step beyond, to reach into the marketplace out therey to try eo qet private industry inkerested in bidding in competitive bidding cateqories so that utilities end up gettin: the -- the best cost for what theyere going to do. It's not makin: them determine again whether they need khe capacity. What We are trying to do is get them to go ou* and get khe cheapest supplier possible of the goods to create Ehat capacity. That's not asking to much. That's what 3l8  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 should be asked of these utilities, and that's why this bill spells that out. So I would ask for an affirnative vote on this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 1152 pass. All in favor, vote Aye. Al1 opposed, vote Nay. The vottng is open. No. No. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 17 Ayes, 35 Nays# l recorded as Present. This bill, having received -- have not -- havin: not received the constitutional majority, is hereby declared lost. 1153 is on the Agreed Bill List. 1154. Senator Welch. Read the bill.

Senate Bkll 1154. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING QFFICER: (SENATOR LECBOWICZ) Senator Welch. SENATOR WELCH; Thank you, Mr. President. 1154 is a bill designed to change the requirements for regional superintendent of schools. Since introdueinq this bill, tbe regional superintendents have come around ko negotiating with the parties involved. And at this time: I would ask that this bkll be reeommitted to tbe Elementary and Secondary Education Committee.

PRESIDING UFFICER: (SENATOR LECHOWICZ) The Gentleman asks leave of the Body to have this bill recommitted in Committee. Hearing no objectkon, so -- so requtred. 1156. Senator Severns. Senator Dunn, Senator Severns has the Ploor. 1156. Out of the record. 1156. Senator Topinka . Read the bill, please.

319  STAQE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 36th Legkslative Day May 2S, 1989 Senate Bill 1158. (Secretary reads title of bi11) 3rd Reading ok khe bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

Well, Mr. President and Ladies and Gentlemen of the Senate, thls bill does exactly what even the little one-llner says in our Calendar. Usually it takes a little bit more. But what it does ise ie authorizes municipalities to exercise eminen: domain to acquire lands for the control of flooding. This is now implicit in the law; We would like to Make it explicit. And thls is a1l it does.

PRESIDING OFFICER: (SENATOR LECHO%ICZ) Any discussion? Senator Rock.

Does this afford a municipality the opportuniky to condemn outside its municipal boundary?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

That would not be my intenklon, but I don't khink khat the bill addresses that.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rock.

Well, it seems to me that if the corporate auEhorities of Oak Park: for instance: wanted to eondemn River PoresE, under this bill they could do it, in the interest of flood control. We could put up a big wall along 'batcher.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

320  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SCSSION SENATE TRANSCRIPT 36th Legislative Day May 25, 1989 Rather they should do it in River Forest than Berwyn.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Who 's from River Porest? Senator Rock.

Nothing to stop us from goin: southz either. T mean, we cane accordtng ko this, the corporate authorities of any city or village may acquire anything they want by condemnation as long as it's qot that super-laudable end of flood control.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Interesting. Senator Topinka.

Yes. Currently: the municipalities have the power to condemn property for dredging and other Waterway improvemenks. It's it is silent on the issue of flooding. So basically, we -- am adding that to what is the Statute already, and I -- I -- not being a lawyer, maybe one of our lawyers can speak to this issue in terms of municipal law. And Senator Rock is your lawyer; that's fine. But the Statute has apparently stood this Way and haS not been a problem between municipalities in the past. I don't know why this should add to it.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rock.

Welle I -- I'd -- truly, I'd be very careful about this. We -- we do have a Supreme Court case that says you're no* supposed to do that, and that, of course, is one of the bi: scare tactics that's always used around the airport - that Chicago is going to somehow gobble up Park Ridge and Bensenville by condemnaeàon. And -- and Ehe supreme courk has said, ''No. Youlve got to do Within your own boundaries; you just can't go reaching out.' This: however, is a new provision, and would seem Eo say , ''Anywhere you want.'' I'd be awful careful on this one. 32l  STATS OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 36th Legislaeive Day May 25, 1989

PRESIDING OFEICER: (SENATOR LECHOWICZ) You want to put it back in committee? Senator Topinka.

No.

PRESIDING OFPICZR: (SENATOR LECHOWICZ) Okay. Lady to close.

I just would I think we could probably work out an agreement in the House on -- on this particular matter. Senator Zito is also knvolved kn thts, because we have a very high incidence of flooding in our area. And that would be our intention to do so# if ehis bill passes out. And I would seek your favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question ks, Shall Senate Bill 1158 pass. A11 kn favor, vote Aye. A1l opposed, vote Nay. The votin: is open. Have all voked who wioh? Have all voted who wish? Please take the record . On this question, there are 21 Ayes, 26 Nays: 3 recorded as Present. This bill, having failed to receive the constitutional majority, is hereby declated lost. 11%9. Senator Geo-Karis. Read the bill.

Senate Bill 1159. (Secretary reads title of bill) 3rd Reading of the bill.

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

Mr. President and Ladies and Gentlemen of the Senate, this bill requires a frontdoor referendum before a forest preserve district can issue bonds for any reason except the development of lands already kn the distrkct's possesskon. The current law allows 322  STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 36th Legkslatkve Day May 25: 1989 the district to issue bonds up to the amount of at least some hundred million dollars for the acquisition up to fifty-five thousand acres of land and levy a property tax to pay for the bonds without referendum approval. Even school districts don't have that authority. A1l my bill does is remove that power. It just gives them the right of referendum. And I ask a favorable consideration. It only applies to Lake, Kane, and Will Counties.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Holmberg.