Illinois Senate Floor Debate — May 26, 1989

The hour of nine having arrived, the Senate will please come to order. Will the Members be at their desks, and will our guests in the gallery please rise. Prayer this morning by the Reverend Delbert Wells, New Life Worship Church, Springfield, Illinois. Reverend.

(Prayer given by the Reverend Delbert Wells)

Reading of the Journalz Madam Secretary. Senator Hall.

Thank you -- thank you, Mr. President and Ladies and Gentlemen of the Senate. Mr. President, I move that reading and approval of the Journals of Thursday, May 18th) Monday, May 22nd) Tuesday, May 23rd; Wednesdayz May 24th2 and Thursday, May 25th, in the year 1989, be postponed, pending arrival of the printed Journals. PRESIDENT ROCKI Youfve heard the motion as placed by Senator Hall. Any discussion? If not, a11 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. Motion carrles and it is so ordered. Messages from the House.

A message from the House, by Mr. O 'Brien, Clerk. Mr. President - I'm directed to inform the Senate that the House of Representatives has passed bills of the followin: titles, in the passage of Which I'm instructed to ask the concurrence of the Senate, to wit: House Bills 38: 113, 114, 121, 130, 165, 219, 359, 377, 416, 491. 494, 509, 570, 515, 568, 573, 588 , 643, 672, 749: 846, 847, 849, 859, 860, 861, 863, 901, 913, 942, 994, 1027, 1075, 1108, 1158, 1186, 1191, 1192, 1227, 1257 , 1313, 1314, 1316, 1366, 1389: 1404, 1427, 1443, 1448, 1450, 1497, 1568, 1599, 1609,  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26 , 1989 1621, 1660: 1661: 1662, 1685: 1689, 1690, 1721, 1726, 1737, 1738, 1749, 1754, 1787, 1819, 1832, 1848, 1875, 1877, 1885 , pardon mer 1974, 1984, 1994, 2003, 2045, 2062, 2073, 2076, 2097, 2129, 2191, 2195, 2205, 2217, 2270, 2279, 2286, 2290, 2316, 2326, 2337, 2365, 2369, 2450, 2506, 2516, 2578, 2615, 2718, 2736, 2758 , 2759, 2772 passed the House May 25, 1989. Filed by John F. O 'Brien, Clerk of the House.

... lmachine cutoffl... Resolutions.

Senate Resolution 350 offered by Senator O'Daniel. Senate Resolution 35l offered by Senators Fawell and Philip . Senate Resolution 352 offered by Senator Savickas. Senate Resolution 353 offered by Senators Geo-Karis and Barkhausen. Senate Resolution 354 offered by Senator Rea. Theylre al1 congratulatory.

Consent Calendar. A1l right. Ladies and Gentlemen, wefll begin on the Order of Recalls. The list has been distributed, I am told. On the Order of Senate Bills -- and the bills that are recalled Will then revert to the end of the call to alloW Enrolling and Engrossing and other Members to take a look. On the Order of Senate Bills 3rd Reading, top of page 3, is Senate Bi11 Senator Welch seeks leave of the Body to return that b111 to the Order of 2nd Reading for purposes of an amendment . Is leave granted? On the Order of Senate Bills 2nd Readingy Senate Bill 3, Madam Secretary.

Amendment No. 1 offered by Senator Welch.

Senator Welch . 2  STATE OP ILLINOIS 86th GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

Thank you, Mr. President. Senate Bill No. 3 is a bill that limits the use of bodyguards by constltutional officers. What Amendment No . 3 will do is take the Governor's Office out of the bill. The bill will not apply to that office . I would move adoption of Amendment No. 1.

Senator Welch has moved the adoption of Amendment No. 1 to Senate Bill 3. Discussion? If not, al1 in favor will indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Page 3, Senate Bill 11. Senator Jones seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. 11 leave granted? Leave ks granted. On the Order of Senate Bills 2nd Reading, Senate Bill 11w Madam Secretary.

Amendment No. offered by Senator Jones.

Senator Jones.

Thank youz Mr. President and Members of the Senate. Amendment No. 1 really becomes the bill. It's a rewrite for the -- the real estate brokers and salesmen; as well as the issue as relate to affordable housingy and I move its adoption.

Senator Jones has moved the adoption of Amendment No. l to Senate Bill Discussion? If noty al1 in favor, indicate by saying Aye. Al1 opposed. Tbe Ayes have it. The amendment is 3  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 adopked. Purther amendments?

No further amendments.

3rd Readinq. 128. Senator Jones 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. 0n the Order of Senate Bills 2nd Reading, Senate Bill 128.

Amendment No. 2 offered by Senator Jones.

Senator Jones.

Veah. Thank youe Mr. President and Members of the Senate. Amendment No. 2 deals with the -- Amendment No. 2 to 128, deals With the breakage as relate to the sharing of funds from the off-track betting parlors. I move its adoption.

Discussion? Senator DeAngelks. SENATOR DeANGELIS: Ho: ho, ho: ho, Charlie Green. Can I get a better explanation of thak amendment?

Senator Jones.

Yeah. The extra money retained from race tracks and off-track bettlng lieensins and for multiple waginq, including daily doubleg quinella: perfecta, and so forth, will be split evenly between the lieensee and the purchaser. That's khat it does.

Senator DeAngelis. SENATOR DeANGELIS:  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 Who does it go to now? It used to go to the licensee. Who does it go to now?

Senator Jones.

A1l it is right now, -- a1l this amendment does is say that it is divided between those -- the horsemen and the tracksz just like the regular handle currently that is distributed. PRESIDEN; ROCK: Senator DeAngelis. SENATOR DeANGELIS: This is not the -- the grease for this vehiclee is it, to kind of slide it down the chute?

Senator Jones.

No, it isn't.

Further discussion? Senator Topinka.

Yesz if I may ask a question of the sponsor?

Indicates be will yield, Senator Topinka.

Yeah. Who Wants this amendment?

Senator Jones.

Senator Jones, Who is sponsoring the amendment.

Senator Topinka.

STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 No one else would have an interest, or any other race tracks in the State might have an interest?

Senator Jones.

The traeks would have an interest, yes.

Senator Topinka.

Any partkcular trackB by name?

Senator Jones.

No. It -- it impacts on all of them equally equallye so that no particular track, by name.

Senator Topinka.

Would any particular tracks by name be hurt by this change that's proposed in your amendment?

Senator Jones.

I don't think any track would be hurt by fairness, Senator Topinka, and that's al1 this amendment does. No one's going to be hurt.

Further discussion? Senator Jacobs.

Thank you, Mr. President. Senator, saw you late last night. I Wish you'd have informed of this. I don 't think that the amendment really is -- is that devastating, buE I would hope ehat 6  STATE OF ILLINOIS 86th GENZRAL ASSEMBLX REGOLAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26w 1989 my colleagues on the other side of khe aisle, on -- if they have any real questions on this, I'd certainly like to hear them.

A1l right. Senator Jones has moved the adoption of Amendment No. 2 to Senate Bill 128. Discussion? If not, a1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The anendment 's adopted. Further amendments?

No further amendments.

3rd Reading. 292. Senator Netsch seeks leave of the Body to return Senate Bill 292 to the Order of 2nd Readlnq for purposes of an amendment. Is leave granted? Leave is granted. 0n the Order of Senate Bills 2nd Reading, Senate Bill 292. Madam Segretary.

Amendment No. 1 offered by Senator Netsch.

Senator Netsch.

Thank you, Mr. President. Amendment No. - and you may need to check this: Madam Secretary, to make sure you've got them in the right order - Amendment No. 1 increases the threshold to which the Family Responsibility and Medical Leave Aet would applye from fifteen employees to thirty-five employeesy and I would move its adoption.

Senator Netsch has moved the adoption of Amendment No. to Senate Bill 292. Discussion? If not, al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

Amendment No. 2 offered by Senator Netsch.  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

Senator Netsch. SENATOR NETSCH) Thank you' 'Mr. President. Amendment No. 2 decreases the period of authorized unpaid leave Eor both family leave and medical leave, from eighteen weeks to twelve weeks, and I would move its adoptlon.

Senator Netsch has moved the adoption of Amendment No. 2 to Senate Bill 292. Discussion? If not: all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Purther amendments?

No further amendments.

3rd Reading. 417. Senator Topinka seeks leave of the Body to return Senate Bill 4l7 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 417.

Amendment No. 4 offered by Senator Topinka.

Senator Topinka. SENATOR TOPINKA ; Yes. With -- this amendment seeks to correct an error in an earlier amendment, and Senate Amendment No. 4 will return fifty-one thousand skx hundred dottars to the bill for Social Security . Fifty-one hundred Ksic> was mistakenly cut out in Senate Amendment No . 1. The total reduction for Social Security Charge Processing Division is five hundred dollars. And that's all the...

8  STATE OF ILLINOIS 86th GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989 Senator Topinka has moved the adoption of Amendment No. to Senate Bill Discussion? If not, a1l in favor: indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 506. Senator Marovitz. Senator Marovitz. Senator Marovitz. 603. Senator Barkhausen seeks leave of the Body ko return that bill to the Order of 2nd Reading for purposes of an amendment. Leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 603. Senator Barkhausen.

Mr. President: I'm asking that Amendment No. 1 be Tabled.

All right. Senator Barkhausen, having voted on the prevailinq side, is moving to reconsider the vote by which Amendment No. to Senake Bill 603, was adopted. All in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have it. The vote's reconsidered. Senator Barkhausen no% mozes to Table Senate -- Amendment No. l to Senate Bill 603. Discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's -- the amendment is Tabled. Purther amendments?

No further amendments.

3rd Reading. 630. Senator Welch. Top of Page ll. Senator Welch seeks leave of the Body to return Senate Bill 630 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is qranted. On the Order of Senate Bills 2nd 9  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 Reading, Senate Bill 630, Kadam Secretary.

Amendment No. 6 offered by Senator Welch.

Senator Weleh.

Thank you, Mr. President. Amendment No. 630 Ksic> would remove a previous amendment put on here that it limit the amount of charges that could be included by home rule units, upon the plastic tax. would move for adoption of this amendment.

All right. Senator Welch has moved the adoption of Amendment No. 6 to Senate Bill 630. Discusskon? Senator Dudycz.

Question of the sponsor.

Indicates he will yield. Senator Dudycz.

Senator Welch, Would you please elaborate what your amendment às attempting to do? PRESIDENT RO0K: Senator Welch.

Yes. 1'd be glad to. If everyone would listen, would -- it would make it quicker. You put an amendRent on my bill yesterday, Senator, khat in effect, eliminates a1l sales tax on beverages, laundry detergent and plastic bottles and other food items in plastic containers. I don't think you did ehat intentionally. I think it was by misdrafting of your amendment. But what your amendment did Was eliminate millions of dollars for a11 home rule units, and several millions of dollars for the City of Chicaqo. In addktyon, your amendment, by eliminating all other charges on 10  STATE OF ILLINOIS 86th GENERAL ASSZMBLY REGULAR SESSIQN SENATE TRANSCRIPT 37th Legislative Day May 26r 1989 containers, eliminated a11 liquor taxes in home rule units. What my amendment is doinq is taking off your amendment and returning the bill to the form that the sponsor would like in.

Senator Dudycz.

I'm sorry, Senator Welch. You're an attorney; am not. Maybe you should explain a little bit further. How did my amendment ellminate all sales tax of containers? I don't understand khat.

Senator Welch.

Well, let me -- 1et me read you the pertinent parks of your amendment. ''The General Assembly hereby declares thak the power to impose an advance disposal fee or other eharge.'' ''0r other chargez'' is an extremely broad -- and lt would include all other taxes. What you then do after that is say that all other charge upon the sale of plastic containers, shall be exercised -- exclusively by the State. If the State has the only authority to exercise all other charges, includin: a1l other taxes, what you've done is effectively repeal a11 sales and liquor taxes that might apply to containers. PRESIDENT ROCK; Senator Dudycz.

ïou -- I'm sorry, Senator Welch, but you are incorrect. What my amendment referred to Was a specific Act. You are referring to existing Aets such -- like Senate Bill 1282, Which was sponsored by senator Joyce' that was -- his referred to an existing Act. Your bill, Senator. 630, ereates a new Act and that is what my amendment addresses, and I stand in opposition of this amendment. 11  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 What this amendment passesz this wkll allow the State to impose a tax, and it will allow the City Chicago to impose a tax at the same timee for the same beverage containers . And I urqe all the Senators on both sides of the aisle to defeat this amendmene. And I Would request a roll call.

All right. Senator Welch has moved the adoptlon of Amendment No. 6 to Senate Bill 630. You want to close, Senator Welch?

Well: that is a completely erroneous and fallacious argument, Senator Dudycz. It's absolutely incorrect. 7ou have stuck an amendment into my new Act, Which applies across the board. doesn't just apply to that Act. specifiaally refers to containers. It doesn 't refer to specifically the containers controlled by this Act. This Act does control a1l containers. Every single plastic container in the State, and What you're doing is repealinq the tax on every single container. Your amendment is too broad, it's totally drafted in error, and I Would move for -- for passage of this repealinq amendment. PRESIDENT ROCK) A11 right. Senator Welch has moved the adoption of Amendment No. 6 to Senate Bill 630. Those in favor of the amendment will vote Aye. Opposed Will vote Nay and the voting is open. Have al1 voeed who wish? Have a1l voted Who Wish? Have all voted who wish? Have a1l voted who kish? Take the record. On that question, there are 29 Ayes, 29 Nays, and the amendment fails. Purther amendments?

No further amendments.

3rd Reading. 806. Senator Zito seeks leave of the Body to return Senate Bill 806 to the Order of 2nd Reading for purposes of 12  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 806. Senator Zito.

Yes, Mr. President and Members, having voted on the prevailing side, I would move to reconsider the vote by which Amendment No. was adopted. For purposes of Tabling.

All right. Senator Zkto Ls maving to reconsider the vote by which Amendment No. 1 to Senate Bill 806 was adopted. All in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have it. The votels reconsidered. Senator Zito now moves to Table Amendment No. to Senate Bill 806. Discussion? If notz all in favory indicate by sayin: Aye. Al1 opposed. The Ayes have &t. Amendment No. is Tabled. Further amendments?

No further amendments. PRESIDENT ROCX) 3rd Reading. 1184. Senator Topinka 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 Readingz Senate Bill 1184, Madam Seeretary.

Amendment No. 2 offered by Senators Jones and Topinka.

Senator Topinka. SENATOR TOPINKAJ Yes. The amendment to 1184 allows people who have taken alternative high school degree programs, or people Who have reeeived assoeiate degrees in nursing to participate in the program that is put forward in 1184.

13  STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Senator Topinka has moved the adoption of Amendment No. 2 to Senate Bill 1184. Discussion? If notr all in favor, indicake by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted . Furtber amendments. SECRETARY HAWEER; No further amendments.

3:d Reading . 1333. Middle of Page l6. Senator Kustra seeks leave of the Body to return that bill to Ehe 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 1333, Madam Secrekary.

Amendment No. l offered by Senator Kustra.

Senator Kustra.

Thank you, Mr. President. This is the bill that bans tobacco on school propertf. A number of people have expressed concern over what would happen at various school events that would take place, like football games and basketball games. And What this bill does is alloe for the sehool boards downstate and the local school councils in Chicago Eo exenpt for those special activities: and it also allows for the exemption of a designated area within the school building for use by school personnel. And I Would move the amendment's adoption.

Senator Kustra has moved the adoption of Amendment No . to Senate Bill 1333. Discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

14  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 No further amendments.

3rd Reading. Bottom of Page 16, Senator Dunn seeks leave of the Body to return Senate Bill 1370 to the Order of 2nd Readin: for purposes of an amendment. Is leave qranted? Leave is granted. On tbe Order of Senate Bklls 2nd Reading. Senate Bill 1370, Madam Secretary.

Amendment No. 1 offered by Senator Thomas Dunn.

Senator Dunn.

Thank you, Mr. President. This amendment substitutes language such as ''can demonstrate,'' instead of the -- requiring the EPA to have evidence of experiencing, and this is a product of my discussions with waste management and their associakion, and they 're not in opposition to the amendment.

Senator Dunn has moved the adoption of Amendment No. 1 to Senate Bill 1370. Discussion? If notz all in favor: indicate by saying Aye. All opposed. The Ayes have The amendment's adopted. Purther amendments?

No further amendments.

3rd Reading. Top of Page 17. Senator Lechowiez Seeks leave of the Body to return Senate Bill 1402 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 1402, Madam Secretary.

Amendment No. offered by senakor Lechowicz. 15  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislatize Day May 26e 1989

Senator Lechowicz.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment No. 1 is strictly a Cook County amendment. raised the population to its proper figure from one million to threew and I move for its adoption.

Senator Lechowicz has moved the adoption of Amendment No. to Senate Bill 1402. Discussion? If not, a11 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No furkher amendmenes.

3rd Reading. All right. Ladies and Gentlemen, if I can have your akkention. We will begin on the Order of Senate Bills 3rd Reading. As you can see on the Calendar, then We have Senate Bills 3rd Reading appropriations bills and the Agreed Bill List. We are qoing to proceed straight through the Calendar. And I would advkse the Members that we're probably not going to get back around a second time. This is the moment of truth, and we're going to try and accommodate everybody's schedule and get out of here as reasonably early as possiblee so I Would admonish some who have a penchane to talk a lot, to please spare us today. don't think anybody's mind is going to be changed by lengthy debaEe. On the Order of Senate Bills 3rd Reading is Senake Bill 1. Read the bill, Madam Secretary.

Senate Bill 1. (Seeretary reads title of bill) 3rd Reading of the bill. 16  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 PRESIDENT ROCK: Senator Welch. SENATOR WELCH: Thank you, Mr. President. Senate Bill l is a bill to create a separate governing board for Northern Illinois University, and remove from khe Board of Regents. This bill has been around for many yearsy as many of you know. 0ur belief is that by giving Northern Illinois University a separate governin: boardy and the faet that it has one of the fastest-growing universities, and one of the largest universities in the State will be recognized in its abilities, and -- and talents Will be enhanced by doing so. We also believe that the reputation of the University will be increased. It'll be enhanced. We believe that this is good for not jusk Northern Illinois University, but for the State of Illinois as Well. I would be glad to try to answer any questions. PRESIDENT ROCK: Discussion? Senator Maitland. SENATOR MAITLAND: ehank you very much, Mr. President and Members of the Senate. I rise in strong opposition to Senate Bill 1. ïoudre riqht, Genator Welch - this issue has been around for -- for many years, and lt's -- it's been voted down, and -- and I just think itds a -- it's a terrible thing to do. I think for one thing, this is going to simply generate enthusiasm for creatin: more and more independent boards for -- for a1l of the State's senior universities. And I think that's wronq. I thlnk it's eumbersome, difficult to deal withz and and would be a -- a serkous problem. But you and I both -- now, you stood and indicated that Northern has advanced itself and kind of separate -- is separate now from the rest of the înstitutions, beeause of its quality. And Northern Illinois University is a fine university, and no one is going to argue that point. But there's a university to the 17 K  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatize Day May 26e 1989 south that also has that same quality and has continued to increase their entrance requirements. and those two universities have similar missions. Absolutely similar missions. And their main mission is an undergraduate degree. That's their mission in life, and that's what it needs to continue to be. Every unkversity ïn this State eannot be the flagship for the University of Illinois. They just can't be and we don't expect to be. But I'm going to tell you: Senator Welch, this is going to ereate increased competition for funding between the universities. And we won't be looking at this in a rational Way. And I think Northern will perhaps end up being the loser in this kind of a move. We 're going to separate now Illinols State and Sangamon State apart from Northern, and they will be in direet real competition for funds. And it will be critically difficult for us down here to deal with that issue. I want Northern Illinois University to continue to be a strong universityy like it is now. But so do want Eastern and Macomb and Illinois State and Sangamon State to be strong. We need a condensation of -- a condensing of these powers, not a continual breaking away and siphoning off the resources and the talent to put one against the other. This is not good for higher education. ft is not good for Northern, and it's not good for this Body to cast an affirmative vote on Senate Bill 1. I urge - I strongly urge - a No vote on Senate Bill 1. PREZIDENT ROCK: Further discussion? Senator Davidson. SENATOR DAVIDSON: Mr. President and Members of the Senate. I don't rise too often about hiqher education, but I want to rise in strong opposition to this bill. Part of us downstaters, as wefre called: have been a party to make Northern grow. And if youbre going to Set it out there separate: then kt can become something that we 18 K  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 a11 can shoot at, 'cause then it's goinq to be youz by yourself. You're not going to have these others who have Worked in the past to help Northern grow. This is a terrible idea. We #ve got more than sufficient boards that control over the different universities now. And it's never going to be the bellwether that the University of Illinois is. No other university in the Staee is, 'cause Illinois is a land grant college. It's unique and it's going to stay unique. And this is a terrible approach. I don't know what your game plan is# but have been a party to save some of the things for Northern in the past and create a couple of new situaeions there, particularlye when we put Northern Illinois Law School in. Some of us walked the bi9 plank to help you. And this is eertainly nct the way to repay us. urge everyone to vote No. PRESIDENT ROCK: Further discussion? Senator Sehaffer. SENATOR SCHAPFER: Mr. President, I rise in strong support of this bill, and ask senator Welch's permission Eo be added as a co-sponsor. PRESIDENT ROCK: Without objection, leave is granted. SENATOR SCHAFFER: I also supported one of the previous speaker's amendmentse nok two days ago, to give his university a separate board. Punny how the days churn arguments. The time has come for this to happen. And -- and I would say, for those implying that thls is some sort of an attack on any okher universiky or Ehat Northern i: trying to in some way usurp *he University of Illinois' position: that those are bogus arguments. Frankly, think that major State universities should have separate advocacy boards: and IIm not going to say anything negative about the Board of Regents. I can't think of anything it's done that's bad. I unfortunately, can't think of a whole lot it's done that's good. We need 19 K  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 advocacy boards. Not only to see that the universities are well-represented at the State level, but to raise funds. I'm impressed continuously by the University of Illinois board and its executive officers around this State raising money. How many million dollars has the Board of Regents raised from private funds, on behalf of any of these universities? None that avare of. Not one thin dime. They may have, but I'm sure not aware of it. But, certainly the U Of I Board and a separate board for SIU have done that. We need advocacy boards. am a graduate of Northern. There are graduates of Norkhern and SIU -- or pardon me# Sangamon State, and ISU around. But you know what they're are prohibited from? They cannot serve on the Board of Regents. No graduate of these universities can be appointed to the Board of Regents - not by law, I admite but by practice because they don't want anybody on the board Who's an alumni of any of these universitiese because they might be biased. They might be advocates for the university. By their own policy, they're sayingr ''We don't want advocates for the universities on the Board of Regents.f' That is qarbage. Frankly, Senator, I supported your bill and support it again, because I believe Illinois State University is one of the fine inskitutions of this State, and it should have a separate board. UnforEunately, that is -- pardon me, TSU -- the -- that is not the question today: although I suspect if this bill passes, it will quickly become the question. This is something that many of us have fought for, for years. It's not an attempE to subtract from any other universiey or institution of higher education of this State. It is a chance to add to one of the finest universities in the State - one that serves my constktueneies well, but could do a better job if it had an independent board. urge everyone on both sides of the aisle to support this bill. PRESIDENT ROCR; 20  STATB 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Further discussion? Senator Joyce. Senator Joyce.

Thank you. The -- I rise in support of Senate Bill l00 qsic> also. And, there's no question, Doc, that a 1ot has been done for Northern Illinois University by the Illinois General Assembly - the College of Law, the College of Engineering, and et cetera and on. But the fact remains that there's a prestige factor here, and it shouldn't be Wrong for a university to Want to strive to be like the University of Illinols. 1*$11 likely not arrive. There's no one here that would probably dispute that. But therefs nothing wrong in striving, and the faet is that you have to have advocacy in the educational -- higher educational community today. So I would ask the General Assembly, rather than to be bogged or this Senate, rather than Lo get bogqed down in a long debate early on, to just consider where Northern was, where Northern has come, and Where Northern can be# and this does nok detract in any way from U of 1, or from Illinois State: or from Sangamon State, or any other university.

Further discussion? Senator Newhouse.

Thank you, Mr. President. I rise in opposition to this -- this bill. And, I have tWo points to make. One ks. as several year's Chair of Higher Education, I Would agree that this is a fine institution. Therels no question about that. The question is the breakup of the system , and I think that's a serious step to be taken. And I think there ought to be a good deal more thought put into it before that happens, if it happens. The second point is that Northern has some serious internal problemsz that it has not worked out over time very well, and those problems relates *o what happens to minorities at that institution. And I Would suggest that before they begin to come before this General Assembly and 21  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 ask for this kind of change, that they 'd make a serious aktempk to clean up their own act. I would suggest that they could get to the merchants who are in that communitye to get the support khat is needed to make that atmosphere comforkable for minorities in -- in an institution that is admittedly good. Until that happens, would rise in opposlkion to a move such as this. Thank you.

Further discussion? Senator Schuneman.

Thank you, Mr. President. Ladies and Gentlemen, this -- this issue qoes way back. Before reapportionment, when still represented the City of DeKalb and Northern Illinois University. Northern kas trying at that time to -- to have their own separate board. And I opposed the idea then, and I think we should oppose it now. Basically' what this is going to do, as far as We dre concerned, is increase competition here. between Southern Illinois, the University of Illinois, Northern Illinois University and all the rest of them . And I submit to you, that we should not allow that to happen. I think, Senator Newhouse has made the best argument that as far as management of the universities is concerned, we do better by leaving this university under the general management of the Board of Regents. Certainly: if we allow Northern to get out, wedre going to have to allow Illinois State to :et out. Where Will that leave Sangamon State? Are they going ko have -- as a small university, theyfre going to be out there having to hire their own lobbying people, they 're going to have a host of people around the Leçislature to lobby for them? I think this is a step in the wrong direction: and would oppose the bill.

Further diseussion? Senator Ralph Dunn.

22  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Thank you, Mr. President and Members of the Senake. I rise too, in strong opposition to this, this Senate Bill instead of 100. I rise in opposition. think that possibly we ought to be looking at the governance of a1l of our universities: and I would support Senator Welch, and those of you, Senator Schaffer, who favor this. I would support -- be willing to -- that we have a look at the governance of all of the universieies, not try to fragment it by one at a time. I might remark just in closinq, that khe best thing that Governor Walker did during his four years in Governor was veto a bill that Senator Sam had, that would separate Southern Illinois University campuses. So I wanted to point that out: that it has been tried before, and wasn'e successful. And, I1d urge a No vote on this, and that we join together and have a the Board of Higher Education: and perhaps a legislative look at the -- at the governance of a1l the universities. Maybe we need less boards. Maybe we need more. But we ought to look at it instead of fragmenting it. Thank you. I urge a No vote. PRESIDENT R0CK: Thank you. I have now five volunteers to move the previous question. Six, seven, eight, nine, ten, elevenz twelve, we're ready. Senator Welch may close.

Thank youz Mr. President. Just 1et me say, in closing, that welre not trying to be a seeond University of Illinois. We just want to be ourselves. We think that a universlEy thatfs the second largest in the State, with its own law school, with twenty-five graduate degree proqrams that's separated by geography from a1l of the other institutions in the Skaee, should be recognized for its individuality, should be recognized for iks ability and competence. It's 9ot one of the best-rated accouneing departments in the nation. I would urge an Aye vote on this bill. 23  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

Senator Kelly, for what purpose do you arise? A11 right. Question is, shall Senate Bill l pass. Those in favor Will vote Aye. Opposed, vote Nay. The voting is open. Have all voeed kho wish? Have a1l voted who wish? Have al1 voted who wish? Take the record . On that question, there are 35 Ayes, 24 Nays, none voting Present. Senate Bil1 having received the required constitutional majority, is declared passed. Senate Bi11 3 was on the Recall. Senate Bill 5. Senator de1 Valle. Senator Kellyy for what purpose do you arise?

Mr. President, I believe I heard you say earlier about lkmitkng our debate and...

Wiehin reason welre golng to -- wedre going to attempt to...

Okay. This issue that Senator Welch just had. If I recally this is about the third year in a row we've had the same issue. I've heard the same speeches, and I can't believe that We have to go through a long debate on an issue that's been before this Body so many eimes. So let's get with it. Let's move along expeditiously.

We're going to wriee that down, Senator Kelly, so that when you get up later I'm going to read it to you again. All right. senate Bi11 3 was on the Recall. Senate Bill 5. Senakor de1 Valle. On the Order of Senate Dills 3rd Reading, the top af Page 3 is Senate Bill 5. Read the billr Madam Secretary.

Senate Bill 5. (Secretary reads title of bill) 3rd Reading of the bill. 24  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President and Members of the Senate. Senate Bill 5 prohibits the sale or lease by for-profit business of a videocassette With a rating of X to a person under eighteen years of aqe, and prohibits the sale or lease of a vldeocassette wkth an R rating to a person under eighteen without parental consent. This bill does exempt librariesy schools and universities. Individuals under eiqhteen will still be able to rent or purchase R-rated videos: but it would be done with the consent. The video stores do fill out membership forms, and many of them already practice what we are kalking about here. They will not rent an R radio -- an R-rated video to a minor, unless there is consent from the parent. Itds extremely important that We be very careful .1th what our children are being exposed to. The Department of Corrections indicates that kids ages tWelve to sixteen are committing more and more aggressive crimes with handguns, sexual crimes, armed robberies. And while in the pask, eighty percent of juvenile delinquency involved property crimes, today sixty percent are property crimes. So the other crimes are increasing and we feel that -- and studies have indicated that there is a correlation between what youngsters are exposed to at an early age and their violent behavior. Iê11 be glad ko answer any questions.

All right. Discussion? Senator Keats.

Quick question. Why have you excluded colleges and universities? What's good for the goose is good for the gander. Why are they separated out?

Senator del Valle. 25  STATE 0F ILLINUIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 SENATOR dEL VALLE: Well: because there are -- are some films that -- that are R-rated that are aetually educational filmsg but because of some language -- language, et cetera, they would be R-rated. And by allowing libraries libraries actually view these films. Libraries are not goin: to put out any kind of film, and -- or teachers are not going to assiqn just any film for viewing for students. So there is control in the llbrary system and in the school system, whereas, in a video store there is no control.

All right. Question is# shall Senate aill 5 pass. Those in favor, vote Aye. Opposed, vote Nay. The voking is open. Have al1 voted who wish? Have a11 voted who wish? Have all voted who Wish? Take the record. On that question: there are 46 Ayesg 5 Nays, none voting Present. Senate Bill 5, having received the required constitutional majority, is declared passed. Senator Brookins. Senate Bill 6. Senator Newhouse, for What purpose do you arise, sir?

Mr. President, again, I got a switch problem. I Want to be -- want to be in the reeord as -- as -- I intended to vote...

The record will so reflect.

Aye on that bill. ...

I can only suggest that you... On khe Order of Senate Bills 3rd Reading, Senate Bill 6. Read the bill, Madam Secretarys please.

Senate Bill 6. (Secretary reads title of bill) 26  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26. 1989 3rd Reading of the bill.

Senator Brookins.

Thank you, Mr. President. What this bill will do is make permanent supervisors and judqes on our board of elections so that -- and -- in our preeincts at election time so we'll know that they dll be open on time; that the people khere kill be trained and intelligent about the voting mechanism. And I ask for a favorable vote.

Discussion? Senator Dudycz.

Thank you, Mr. President. No debate. Cood bill. Vote yes.

Question is, shall Senate Bill 6 pass. Those in favor, vote Aye. Opposed, vote Nay. The votinq's open. A11 voted who wish? Have al1 voted Who wish? A11 voted who wish? Take the record. On Ehat questian, there are 59 Ayes, no Naysz none voting Present. Senate Bill 6: having recelved the required constitutional majority, is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bill 7. Read the bill, Madam Secretary.

Senate Bil1 7. (Secretary reads title of bi1l) 3rd Reading of the bill. PRESIDENT ROCKI Senator Brookins.

Thank you, Mr. President. What this bill doess is require motorcyclists to wear helmets, under eighkeen. Eighteen and under. their passengers and -- and the operator must wear a 27  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATZ TRANSCRIPT 37th Legislative Day May 26, 1989 helmet. I ask for a favorable vote.

Discussion? Senator Watson.

Ves. Thank you, Mr. President. Tbis bill was on the orisinal Agreed Bill List and I asked for to be removed, lcause I do think it requires some deliberation, and I appreciate the sponsor in giving us that opportunity. He has softened the impact of the legislatkon by makinq ekghteen -- under the a:e of ekghteen: but they still -- but -- sixteen-year-olds can get their license to drive a motorcycle. So you go* a sixteen - seventeen-year-old, driving a motorcycle with a helmet on. NoW -- I understand What hels krying to doe and it -- for young people: maybe this is something that ought to be done. And even the motorcycle association feels that -- they don't have a 1ot of opposition to this, but they certainly don't support it. But what happens is: When you're wearing a helmet, driving a motorcycle, there are some probleës. There -- there's problems in seeing. Sight problems at the intersections. There's problems wkth the wekgbt of the helmet. There's been -- it's been proven that the weiqhe of khe helmet has contributed to neck injuries. There is heat; helmets are very hot in the summer, Which could lead to fatigue. There's hearing problems. An individual has problems hearing when eheydre wearing a helmety so these are not necessarily a safety feature. And I just think it ought to be up to the individual to decide for themselves, they should be wearing a helmet or noE. T urge No votes. Thank you.

Eurther dkscussion? Senator Woodyard.

Thank you, Mr. Presidenk. Would the sponsor yield?

28  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Sponsor indicates he will yield. Senator Woodyard.

Senator Brookkns. This applies only to motozcycles?

Senator Brookins.

Motorcycles, mopeds, and those pedal bikes...

Senator Woodyard. SENATOR BROOKINSZ others other than motorcycles... o..

Is this bkll different from the bill that passed the House?

Senator Broakins.

It is identical to the one that passed the House.

Senator Woodyard.

It's my understanding that that bill does not apply to any mopeds or skooters. And those vehicles certainly travel at 35 to 40 miles an hour. Alsog this bill does not apply to snowmobiles. Is that cotrect? PRESIDENT ROCKI Senator Brookins.

It does not apply to to motorcycle -- and what you said is essentially correct - it is a little different than the one that passed the House, in that this has the pedal -- pedal bikes or...

Senator Woodyard. A1l right. Further discussion? Senator 29  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26. 1989 collins.

Thank youy Mr. President and Members of the Senate. I rise in support of tbis bill, and I'm one of those persons who did not feel that adults should be forced to wear seat belts inside of a car. But this is a -- a little different story, as relates to safety, and it impacts upon all of us. Beeause it's so easy to injure someone on a motorcycle if you're driving behind that person with a very -- just a small impace or no impact at allw khe wind almost can blow some of those people off of the motorcycles and they fall on the curb, hit their heads against the streets, and then you are in serious trouble if you don't have the necessary insurance to provtde for the coverage for the protection of that -- the health and other kinds of damages that that person can sue you for. So I think this kind of bill protects the interests of the public. And I think we should pass

Further discussion? Senator Dunn.

Thank you, Mr. President. 1'11 make my comments brief. I would suggest to the Senator who said that individuals have problems seeing with helnetsy that he consider the people that are going around Indianapolis this weekend at two hundred and twenty-five miles an hour. And as to the issuev they don't seem to have any problem seeing. And as to the question of Weight on your head - if you've ever driven a race car, you'll find that the G forces are -- are pretty extensive in a turn, and that doesn't bother them either. I rode a motorcycle for a year, and was on the road on a motorcycle. I Wore a helmet. I've been down on a motorcycle. The first thin: you ought to say to yourself when you buy a motorcycle is you're going to fall down on this thing, and you should have a helmet on. The only objection I have to this 30  STATE OF ILLINOIS 86th GENZRAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 is that when an individual receives a brain injury, who takes care of that individual? We do. We do. Thae's ehe only problem T have With this bill. If they had insurance to cover that instance, I'd vote for this.

Further discussion? Senator Zito. SENATOR ZITO) Thank you, Mr. President and Members. I too, rise in opposition to Senate Bill 7. But I'd like to call the attention to the Members of Senator Watson's comments in opposktkon; I thknk theyfre totally erroneous. As a motorcycle operator and owner, I can tell you that helmets play a very important role in operating that motor vehicle. But I rise in opposition the same Way I rose in opposition to mandatory seat belts in automobiles. It should, in fact, be the choice of the operator. Governnent should not take that step farther and mandate that safety equipment be provided. I think, frankly, youfre crazy to operate a motorcycle in the State of Illinois or anywhere in the world, without a motorcycle helmet. But that should be the decision of the operator, not the decision of government. And, I think Senator Watson's arguments may weaken some of the opposieion. But I rise in opposition as Well.

Further discussion? Senator Schaffer.

The concern I've had expressed to me about this bill and I don 't want to prolong debate - is that it's pretty difficult for a -- an officer of the 1aW to gauge somebody's age, particularly when they're wearing a helmet. The -- the other dav we had a young lady here Who Was Miss Illinois something or other, and I know Senator Watson and I were amazed to find out that she was a freshman in high school, meaning she was fourteen or fifteen. 31  STATC 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Erankly, she lcoked considerably older than that, and you see, these young people around here now Who are pages and you talk to khem and you discover What there ages are -- I at least - maybe I just don't bave ability to gauge peoples age. So, I guess my question is - and I think the sponsor can answer this at some point - ls does this authorize the police to pull over any relatively young-looking person With a motorcycle - which: With a helmet on, guess it could mean just about anybody - and say, ''Let's see your TD.'' I'd be a little concerned about that kind of a power, and I don't think that's What the sponsor intends, but I think that might be one of the side effects of this bill. Although I agree with the previous speakers - I think anybody who operates a motorcycle probably ought to have a helmek on - but I also agree with Senator Zito - should be a matter of individual choice.

Further discussion? Further diseussion? Senator Brookins may close.

In answer to one of the questions, before you pull someone over, you must have reasonable eause to pull them over, to answer your -- your question, Senator. And secondly, if you're wearàng a helmet, you fve already complied, so they would have no reason to pull you over, for that anyway. Let me just say this: Why should we legislate this? Because it costs the State big money. The average hospital stay for -- for a injury -- of a head injury is tremendous, and the cost is tremendous. We're talking hundreds of thousands of dollars for one individual thae the State is golng to pick up the cost on. Forget savkng the lives. If you're not interested in saving somebody 's lives, brother Zito, that's fine let's not worry about saving the life. But I would say to youe let's Worry about the big dollars that we spend on this. Yes: 32  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989 it's your right to go and not to Wear a helmet. It's also your right to use druqsy put a pistol to your head and blow your brains out, that's also your right. But it's my right to protect the big bucks of the State of Illinois and the citizens here in the State of Illinots, and I pass as an Aye vote for it.

Question is, shall Senate Bill 1 pass. Those in favor, voee Aye. Opposed, vote Nay. The vdting's open. A1l voted who wish? All voted who wish? Have all voted Who Wish? Take the reeord. on that questiony there are 26 Ayes, 32 votkng Nayy 1 voting Present. Senate Bill 7, havlng failed to receive the required constitutional majority, is declared lost. Senate Bill 10. Senator Welch. Read the billr Madam Secretary.

Senate Bill l0. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Welch.

Thank you, Mr. President. Senate Bill 10 relates to the collection of defaulted student loans. It does two ehings. Number onee it sets up a Reciprocal Enforcement Act, so that if a person gets a professional degree in Illinois, such as beàng a dentiste doetor, et cetera, goes to a separate state, such as Iowa: Iowa can withhold the license from that individual wben he tries to renew iE, because he hasn't repaid an Illinois student loan or made an arrangement to repay it. Similarly, should Iowa enact a similar law, a professional occupant comes to Illinois, tries ko practice a profession, Illinois could withhold that license until an agreement Was entered into with his home skake. It also allows for the collection of loans from lawyers Who are in 33  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37*h Legislative Day May 26, 1989 default by wikhholding their reqistration as kell. A provision that was objected to in committee concerned withholding the driver's licenses of students who didn't repay loans. That has been completely removed from this bill. I'd be glad to answer any questions.

A1l right. Ladies and if I can have your attentiony WCIA-TV has requested permission to shoot some film. Without objection, leave is granted. Discussion? Discussion? If not, the question is, shall Senate Bill 10 pass. Those in favor, vote Aye. Opposedz vote Nay. The voting's open. All voted Who wish? Have al1 voted Who wish? Have a1l voted who Wish? Take the record. On that question, ehere are 54 Ayes, no Nays, none voting Present. Senate Bi11 10, having received the required constitutional majority, is declared passed. was on the Recall. l7. Senator de1 Valle. On the Order of Senate Bills 3rd Readinge Senate Bill 17. Read the bill.

Senate Bill l7. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCKI Senator de1 Valle. SENATOR dEL VALLE: Thank you. Mr. President and Members of the Senate. Senate Bil1 17 requires election authorities to provide written response for denial of request for appointment of deputy resistrars. It establishes criteria for consideration of the need Lo appoint deputy registrars to assist and facilitate the registration of individuals, including non-Enqlish-speaking persons, and requires elections authorities, as a general rule, to appoint as many deputy registrars as are requested by a civic organization. 34  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Current law requires eleetion authorities to appoint a reasonable number, and what webve found in some counties it was that the deputy or the counky clerks were assigninq a very low number of deputy registrars to civkc organizations and other organkzations. And treating everyone the same, regardless of the need that existed. This basically establishes a criteria, and it still allows the county clerk to determine the final number, but it says that the criteria has to be observed before Eknal determknation ks made. And it also indicates that the county clerk or board of election commission shall -- shall not fix an arbitrary number of registrars applicable to every civic organization requesting appointmenk of its members.

Discussion? Senator Dudycz.

Question of the sponsoz.

Sponsor indicates he will yield, Senator Dudycz.

Senator de1 Valle. HoW Would you how would you describe ''reasonable,'' in effect wikh this bill? ''Reasonable'' amounts?

Senakor del Valle. SENATOR dEL VALLE: Well, that's why we established a criteria to -- to include the -- the consideration of the population of the jurisdiction, the size of the organization making the requesty geographic size of the jurisdiction, public convenience, existing number of registrars in the jurisdictiony regiseration activities of the organizaEion, and the need for deputy registrars to reaeh out to non-English-speaking individuals that want to regiseer. We had a situation in Will County, Where the county clerk determined that 35  STATE 0F ILLINOIS 86th GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 37th Legkslative Day May 26z 1989 an organization there could only have two deputy registrars - an Hispanic organization. That made it very difficult for Hispanics to register, because of the need to have bilinqual deputy regiserars that would go door to door. This bill addresses that problem and the problem that has been identified in oEher areas. So I think that responds to your question.

Senator Dudycz.

Well, Senatorw this doesn't seem to be a problem in Cook County. That's correct. Just only in Will County. Is that -- is that right?

Senator del Valle. SENATOR dEL VALLE: In Cook County, -- I have not heard of any instances where there was a limit placed on the number of deputy registrars.

Senator Dudycz.

Well Who want -- well who wants this? Isn't this matter currently being handled in the U. S. Dtstrict Court?

Senator de1 Valle. SENATOR dEL VALLEI There was a a lawsuît Ekled by the Mexican-Ameriean and Legal Defense and Education Fund, yes.

Senator Dudycz.

Well, then I think the courts had better -- be better handled in the courtse and I think we should just voee this down. 36  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSTON SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

Further discussion? Senator Dunn.

Thank you, Mr. President. Well, I don'k think we belong in the courts. I think this is a Legislatlve Bodyz and I'd rather see us legislate than the courts legislake. And -- and khe instance tbat did happen was in Will County. I have a large Hispanic group in my area: and the clerk would arbitrarily and eapriciously refuse to grant more people to register. We ought to register as many as We want. We shouldn 't be afrald to register people ko voke and this -- this bill helps do that.

Al1 right. Ladies and Gentlemen, WAND-TV also has requesked to permission to shoot some fklm. Without objection, leave is granted. Further discussion? Senator Raica.

Thank you, Mr. Fresident. A question of the sponsor.

Sponsor indicaees he will yield, Senator Raica.

Senator del Valle. When you -- When you mentioned during your -- your speech, about the bilingual deputy registrars that Will eome out to the homer are we talking Polish. German, or What nationalities are we talking here?

Senator de1 Valle. SENATOR dEL VALLE: We are talking about every nationality.

Senator Raica. Further discussion? Senator Demuzio.

Well, thank you, Mr. President. I donlt know what the big 37  STATE OF ILLINOIS 86kh GESERAL ASSEMBLX REGULAR SESSION SENAQE TRANSCRIPT 37th Legkslative Day May 26, 1989 deal is. It just simply says that appoint deputy registers -- regiserars to facilitate the registration of non-English-speaking individuals. I don't think anybody ought to be against that. I rise in support of it.

Queseion is, shall Senate Bill 17 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted Who wish? Have all voted Who Wish? Haveza11 voted who wish? Have all voted Who Wish? Take the record. On that questlon, there are 31 Ayes, 27 Nays, none voting Present. Senate Bill 17, having received the required constitutional majority, is declared passed.

Senate Bi11 24. Senakor Neksch. Read the billy Madam Secretary, please.

Senate Bill 24. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Netsch.

Thank you, Mr. President. Senate Bill 24 ls a September primary bill. I think we did a pretty good job of debating most of *he pros and cons of changing the primary date, yesterday. I will point out the differences in this bill: so that you will know in What respects differs from senator Rock's bills tha: we passed. I am aware of the fact, of course, that we Qkd pass out one September primary bill, yesterday. In this bill, Senate Bill 24' number one, the September primary is permanent. is not established just for the 1990 election. Secondly: I used the earlier Tuesday election date, and that kas after years of negotiating with Representatives of the County Clerks Association 38  STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26: 1989 and Boards of Clection Commissioners. It gives them an extra week for a variety of the mechanics. I specifically provide that in any case where there is a conflict With the Jewish holidays, that a different date will be set, and that does in fact occur in one year. I provide for the electing of delegates to national nominatin: conventions in the presidential primary, by sayin: that every four years, in effect, there will be a special primary in May. And by the way, the voting hours would be the same as the regular election, because -- despite the fact that the bill was originally introduced With different hours. I think those are probably the most significant differences. The main thing that is -- that this is a permanent September primary, and I guess you pre either for it or you are against it. Let me make one point. Two poknts, briefly. One is tbat this has never been a partksan issue in khe past, and I ean illustrate that by simply looking at the last one of Ehe most recent roll calls on a September primary when the Senate passed it out of here 36 to l9, With 16 Republicans votes, including Senator Barkhausene Senator Davidson, Senator Dudycz, Sen4tor Geo-Karis and so forth. It has not been a partisan issue and it really should not be. This is another -- secondlyy while we have already passed out one bill, who knows what the House is going to do with anything involvinq elections. Strange and wondrous things happen over there sometimes. It seems to me that it is important that we keep telling *he House that we do Want to change the primary date. And I think this helps to make that point very strongly. I would urge an Aye vote.

PRESIDING OFPICER: (SENATOR LUFT) Discussion? Senator Hawkinson. Senator Hawkinson.

Thank you: Mr. President. I rise in support of this bill. As I go around my districk, voters almost unanimously favor this idea of shortening the cycle of election campaigns, and I Would urge an 39  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989 Aye vote.

PRESIDING OFPICER: (SENATOR LUPT) Further discussion? Senator Geo-Karis.

Brieflyy Mr. President and Ladies and Gentlemen of the Senate. I too, have gone around my distriet and they're tired of al1 the rhetoric, and I said the other day I would support it. It was a clean bill and it Was September primary constantly: and ï support -- and rise and support the bill.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Dudycz.

I see the train a coming, coming down the track. Senator -- Senator Netsch, since We passed Senate Bill 1000 yesterday, I think yours is a much better bill. It's for al1 elections from now on, and I think we should al1 support it.

PRESIDING OFPICER: (SENATOR LUFT) Further discussion? Senator Schaffer.

Well, I think yesterday I unsuccessfully made some extremely intelligent arguments against this September prinary, so I won't repeat them; just hope everyone Will remember them. I am somewhat amused that some of the rhetoric used aqainst the May primary bill that I had, is not being used against the May primary bill that is included With this, in presidential years. And obviously, by ereating not one, but two - in effeck - primaries in the presidential yearse we have created an atmosphere of endless campaigning. I mean campaigning will never stop, from November through: and some of the eloquent arguments of the President of the Senate - who is absent, regrettablyz When I need an ally - I think would be very coqent on this one. They dre literally -- in presidential yearsy the people of Illinois would not be safe to 40  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 open their doorsy for fear of runnin: into someone trying to hand them a pieee of literature or call them at home. I1m not going to beat a dead horse, but T really think we ought to think twice about khese September primaries.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Hudson. (machine cutoff) Senator Hudson. Further discussion? Further discussion? If not, Senator Nekschg to close.

Just very briefly. The campaigning for delegate: to a national convention is of a very different order from a general primary campaign, Senator Schaffer. Youdre not talking about the same ball qame. It's another chance to say, ''We want to shorten the period betkeen the primary and the general election.'' I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR LUPT) All right. The question is, shall Senaee Bill 24 pass. Those in favor will vote Aye. Those opposed, vote Nay. The votin: is open. Have al1 voted who Wish? Have a1l voted who wish? Have all voted who wish? Take the recordy please, Madam Secretary. On that question, the Aye are 37, 15 voting Rayz 2 voting Present. Senate Bi1l 24y having received the required constitutional majoriky, is declared passed. On the Order of 3rd Reading, in the middle of Paqe 3, is Senate Bill 25. Senator de1 Valle. Read tbe billr pleasee Madam Secretary.

Senate Bill 25. (Secretary reads kitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUPT) Senator de1 Valle. SENATOR dEL VALLE: 41  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Thank you, Mr. President. This bill Would allow an individual, in -- in a lawsuit, by the ISSC, to use the defense -- let me backtrack -- in a lawsuit by the ISSC, against a person defaulting on a guaranteed student loan, the borrower may assert the same defenses against the commission that the borrower Would be entitled to assert against the institution of higher learning that received the proeeeds of *he loan. Because the ISSC, a s a guarantor of the loan, ultimately sues to collect the loan, the student borrower should explicitly be allowed to assert a11 relevant claims and defenses. The possible defenses available to student borrowers arise generally through conditions made by no fault of the borrowers themselves. These defenses Would have to be presented and proven, just as other legal defenses would be. As stated, the bill would allow student borrowers who receive nothing for their loan, due to fraud, bankruptcy or the closing of the school, the opportunity to present defenses in the subsequent legal action.

PRESIDING OFPICER: (SENATOR LUFT) Discussion? Diseussion? Senator Keats.

Question of the sponsor.

PRESIDING OFPICER: (SENATOR LUFT) He indicates he'll yield.

Now is this just for private schools: or is for loans for all knstktutions?

PRESIDING OFEICER: (SENATOR LUFT) Senator del Valle. SENATOR dEL VALLE: This is for any student that has a loan through ISSC. But the intent here, clearly, is to 9et at -- at -- at the problem ehat we know a great deal about, and that is the proprietary schoolse the 42  STATE 0F ILLINOIS 86th GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 for-profit proprietary schools that do not deliver, and that leave students with no education and a loan that many times they cannot repay, because they can't find employmene, and because they haven't received the training that they were promised, which makes it diffàcult for them to find employment.

PRESIDING OFFICER: (SENATOR LUFT) Senator Keats.

I don't have any trouble With that part of the bill. But khis bill applies to everything. This is like runnin: an elephant through a china shop, because you didn't llke one thing in it. Is there someway you can maybe lkmkt this bill a tittle bit? I mean: youlre talking about, basically, every student Who doesn't finish school, is going eo be able to say, ''The devil made me do it; don't blame me.'' I don't thknk we want to get into this. It defeats what Senator Welch and others have done, just a moment ago, tryinq to pass a bill that says who ought to be able to collect this money.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Ralph Dunn.

Thank youe Mr. President and Members of the Senate. I think, Senator del Valle: you have a good bill -- or you have a good idea to protect students against unscrupulous proprietary sehools, but I understand this isn't the Way to do it. We need to find some other way to do The Scholarship Commission says ehat your bill is in direct conflict with federal lawsz and that they eannot comply with the provisions of the bill that you have, because it would jeopardize a11 of federally funded scholarship money and -- and so I'd urge a No votey and let's attack the problem some other way. agree that there is a problem With proprietary schools, as Senator Keats said. But this is not khe way to do it. I'd urge a 43  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989 No vote.

PRESIDING OFFICER: (SENATOR LUFT) Purther discussion? Senator Berman.

Thank you, Mr. President. It's with great reluctance that stand àn opposition to this. I -- you -- you're using a cannon to -- to kill a fly. We -- we've have passed legislation aimed ak proprietary schools, and if there are ripoffs, we ought to get address them. This bill undercuts a1l of the law regarding colleckion of student loans. It is a embarrassment as it is, with millions - kf not hundreds of millions - of dollars being owed and not colleeted. This Wi11 compound that problem. and I don't want to go into negotiable instrument law, but what you're doing is putting the Illinois State Scholarship Commission in a terrible hole as far as being able to collect any loan, from any studentg wkthin the framework of this bill. I think that we ou:ht to fknd a different vehicle and address *he proprietary schools, and if they defraud in the loans, they ought to be nailed. But don 't donft kill the Illinois State Scholarship Commission's attempts to collect on defaulted student loans. Idve got to vote No on this bill.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? Senator de1 Valle, to close. Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. I will be more than glad to tighten this up -- this bkll up, kn the House. We can look at it. The ISSC has indicated that the Federal Government is moving in this direction, and so think at some point, uedre going to end up with either this legislation: or something very similar to it. The ISSC indicated that the default rate is about 4.9 percent. I think We're talking about a small group and a qroup that's even 44  STATE OF ILLINOIS 86th GENERAL ASSEKBLY REGULAR SESSION SENAT: TRANSCRIPT 37th Legislative Day May 26: 1989 smaller within that group, because we're trying to zero in on the l proprietary schools. The fly-by-night operations. And I think ! that if we're really goinq to get serious about savings taxpayers' dollars and protectinq the consumer, the student, then we ought to move in this direetion. And I ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR LUFT) The question is, shall Senate Bill 25 pass. Those in favor wi11 vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted Who wish? Have all voted Who wish? Have al1 voted who wish? Have all voted who wish? Take the record, please, Madam Secretary. On that questionz the Ayes are l5, the Nays 43, l votkng Present. Senate Bill 25, having not received the required constitutional majority, is declared failed. On the Order of 3rd Reading is Senate Bill 26. Senator Rigney. Read the bill, pleaser Madam Secretary.

Senate Bill 26. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OPFICER: (SENATOR LUFT) Senator Rigney.

Mr. President, under current law, a county With population over one hundred thousand and under one million, may establish a county mental health progran within their county health department. Al1 that this bill proposes to do, is to knock out that lower level, so that a11 of the smaller counties in the State w:ll be able to have the same program. There's a cap of a five-cent levy on thisz and a frontdoor referendum.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is, shall Senate Bill 26 pass. Those in favor will vote Aye. Those I ' 45  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26 , 1989 opposedr 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, Madam Secretary. On that question, the Ayes are 56, Nays 2, none voting Present. Senate Bill 26, havin: received the required constitutional majority, is declared passed. On the Order of 2nd Reading is Senate Bill 32. Senator Smith . On the Order of 3rd Reading is Senate Bill 32. Senator Smith. Read the bill, Madam Secretary.

Senate Bill 32. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR LUFT) Senator Smith.

Thank you, Mr. Chairman, Ladies and Gentlemen of the Senate. Senate Bill No. 32, as amended, required that the State amend -- minimum wage rates shall never be less than the federal minimum wage. The amendment provides that the State minimum wage will be the same as whatever minimum Wage federal law sets, unless a higher rate is established by the General Assembly. This compromise with the business community will insure that the Illinois minimum wage will be exactly the same as the federal rate but Will it also allow the General Assembly to increase the State rate, if it chooses to do so at a later date. I ask for your approval.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Hudson.

Thank you, Mr. President. Ladies and Gentlenen of the Senate, I rise in opposition to this - What I'm going to call response to the -- but before I do that, Senator Smith, I want to compliment 46  STATE OF ILLINOIS 86th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day Mày 26, 1989 you on doing what I think you feel ls the best you ean do, under the circumstances, concerning the -- concerning the federal aspect of this whole thing, et cetera, et cetera. So I think youdve tried in good faith to do *he best you can on the bill. I still rise in opposition, because I think we're being asked here today to respond to what I would call a federal -- federal initiative. Starts there' on the banks of the Potomac - what I Would call a wage earners' steroid bill and every now and then, we periodically inject a -- a shot of this in the -- the arm of the body economic in thks country. Knd don't tbink that necessarily, because Conqress does something -- the argument seems to be that Congress has done it, so there we are. And maybe we are. Maybe there's very little we can do about this. But I think we can at least make some points. We don't have to take it without a Whimper. And I think khis is going to have some side effects, and it ends up hurting, I believe, those very people that we think we are helpin: the most, and that is the entry-level, low-skilled wage earners. Economists tell us that there are some 2.6 million, at least a year or so ago, who noW earn three three dollars and thirty-five cents an hour. And many of those are goin: to lose their jobs as a result of this. Now this is Conqressional action right it starts there. But the Congresskonal budget offkce estimated some short tkne ago that the number of unemployed, as a result of this, could be as high as five hundred thousand. What the impact on Illinois would be, I don 't know for sure. Bu* a point I will Kry ko make, and as briefly as I can, and that is that I don't feel that the minimum Wage can be considered in a vacuum. It has to be considered in eonjunction with a11 the other well-inteneioned bills that we pass around here and we pass in Washington. Mandated parental leaves, and mandated health insuranee, and safety and environment bills: and day care bills - all of tbose things that impact on the 47  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRKNSCRIPT 37th Legkslatkve Day May 26, 1989 employer. And when all is said and done, What it does is add to a Wage-driven inflationary spiral, and inflationary pressures, and think we're going to feel the effect of this. These young people - most of them that this will affect - are from sixteen to ninekeen years old, and -- and -- okayg I will close shortly: Mr. President. But I go into my local McDonald's and here these young -- young kids are working away, and they're workin: probably at the minimum wage. I don't know for sure. But kt's going to impact on them and many of them are going to lose eheir jobs as a result of this. Now having said that, I've -- I've made my point. I just feel that We do not have Eo necessarkly respond favorably every time the feds say we're going to do this - and keep in mind the President has said he's goin: to cut this back some. So we don 't yet know. We may be in advance of where we should be. So let's at least wait and see What the federal minimum wage is going to turn out to be, before we rush into this action. And I would urge a No vote, at least for today, on this measure. There will be time enough in :he fueure, if you want to increase But for today, why not vote No?

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

Briefly, Mr. President and Ladies and Gentlemen of the Senate, I echo the sentiments of Senator Hudson. Since this bill is being debated right now, and was debated in Congress, let's see what the President's goinq to do. Let's see what they come out wiEh, because eventually we're goin: to have to probably make our own the same as -- and I think we should wait. And therefore, I'm sympathetic, and I have the highest respect for the sponsorz but I am gokng to vote Present.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Jacobs. 48 i STATE OF ILLINOIS I 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 SENATOR JACOBS: Thank you, Mr. President, Ladies and Gentlemen of the Senate. I -- I'm really a little bit surprised. This is a compromise amendment that came from that side of the aisle. And -- and Geo, this bill does exaetly what you said. This bill allows that we follow the federal guidelines. If the feds do nothing, we do nothing. If the feds put it on, we put it on. I think this is a tremendous amendment. You know -- and -- and wefre getting into the merits of whether there should be a minimum wage bill or not, and I think that we have to remember that the minimum wage has been increased eight times in its history. And: by golly, I don't think it's a bad idea that it be done now. But wedre trying to be - - in an assistive mode, in order to help this bill get out in -- in a fashion that we can a11 agree With. And I stand in strong support of this piece of legislation. PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Lechowicz. SENATOR LECHOWTCZ: Mr. President. I move the previous question. PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? If not, Senator Smith, you may close. Senator Smith, you may close. SENATOR SMITH : Thank you, Mr. President. I merely ask for a favorable vote. PRESIDING OFFICER: (SENATOR LUFT) The question is, shall Senate Bill 32 pass. Those in favor will vote Aye. Qpposed: vote Nay. The voting is open. Have al1 voted who Wish? Have a11 voted who wish? Have a11 voted who wish? Take the record, please, Madam Secretary. On that question, the Ayes are 38, 18 voting No, 3 voting Present. Senate Bill 32, having reeeived the required constitutional majority: is declared passed. On the Order of 3rd Reading is Senate Bill 38. 49  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 S/nator Welch. Senator Welch on the Floor? Read the bill, please, Madam Secretary.

Senate Bill 38. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Welch.

Thank youz Mr. President. Senate Bill 38 is an -- an attempt to save funds for energy conservation purposes. What Wedre trying to do is reduee the operating costs in government buildings, by passing this bill. The idea behind this bill is that the State utility bill is over one hundred and twenty million dollars for Fiscal Year 1989. What We see by this proposal is cost reduction potential between 20 to 40 percent. The way this will work is that once in effect, bonds Will be issued for the purpose of retrofitting existing State programs as well as -- existing State buildings, as well as future State buildings. Additional bond funds of ten nillion dollars that go for... END 0F TAPE TAPE 2

public schools' refitting. Revenue bonds Will be issued for ... local government. The program will be run by the Energy and Natural Resources Department, not by a separate ageney, as originally was in the bill. What we are doing also is targeting new State eonstructions as well as retrofitted constructions. The 50  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 poeential reduced government operating costs is very high with this proqram. And it establishes an interagency coordination mechanksm with accountabklity to the Governor and General Assembly for energy costs management. would be glad to answer any questions.

PRESIDING OFFICER: (SENATOR LUPT) Discussion? Discussion? Senator Macdonald. (machine cutoff) Senator Macdonald.

Thank you, Mr. President. Because of the increase substantial increase of the General Obligation Bond Authorityr I would like to -- request of the Chair an opinion whether or not this bill requires a three-fifths vote?

PRESIDING OPFICER: (SENATOR LUPT) (machlne cutoff) The Chair's -- the Chair is ready to rule that this does not increase State debt. These are local bonds and theybre General Revenue Bonds, and therefore requires a 30-vote majority to pass. Senator Macdonald.

Wellw Mr. President, I've -- you knoW, I -- I certainly am very sympathetic with the goal of the sponsor of this bill, and I you know I -- 1, too, think that there probably, in time, has to be something done. I am concerned about the cost of this program ak this particular moment, before we know where the taxes increases are or are not going to be imposed, and so I -- I'm not sure that I oppose the bill, but I have a very substantial concern over the potential cost of this, eventually, to the State.

PRESIDING OFPICER: (SENATOR LUPT) Further discussion? Further discussion? Senator Welch, to close.

Thank you, Mr. President. Let me just say that there -- is 51  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 really not going to be a bond cost, because what's going to happen is the bonds vi11 be paid off by the money saved, due to energy conservations from poorly sealed buildings, basically. This bill is qoing to save the State money, and I think it's a good bill. I would ask for a favorable roll call.

PRESIDING OFPICER: (SENATOR LUFT) The question is, shall Senate Bill 38 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have a1l voted who Wish? Have a1l voted who wish? Take the record: please, Madam Seeretary. On that question, the Ayes are 30z the Nays are 22, 3 voting Present. Senate Bill 38e having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is Senate Bill 39. Senator Welch. On the Order of 3rd Reading is Senate Bill 39. Senator Welch. Read the bill, Madam Secretary.

Senate Bill 39. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LDFT) Senator Welch.

Thank you, Mr. President. This bill had been on the Agreed Bill List and :ot knoeked off, but What lt does is this; the Illinois State Scholarship Commission is allowed to forgive repayment of up -- of *en percent of :he student's guaranteed loan for each year of teaching service, up to fifty percent of Ehe loan, provided the student receives a teaching degree for high school mathematics or science, and teaches the State of Illinois. I would move this billy because We aEe trying to stimulate the teaching of math and science in the State. Math and science Eeachers arê -- are in short supply, and *he idea here ls 52  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 to increase the number in the future.

PRESIDING OFPICER: (SENATOR LUFT) Discussion? Senator Etheredge.

Thank you very much, Ladies and Gentlemen of the Senate. I reluctantly rise in opposition to the bill. I -- I appreciate what the Senator is trying to do bere, trying to encourage more competently trained young men and women to become teachers of math and science in our schools. That's something that we need to do. My concern is with the -- the mechanism that is established within this bill to achieve that particular objective. I can easily understand why the State Scholarship Commission is opposed, because the recordkeeping component of this bill is rather considerable. In addition, if this program works at all, it's anticipated that the annual cost to the -- to the State will be approximately a million dollars. But one of the things that concerns me most of a11 is that the State agrees here to pick up part of that student loan obligation. Suppose we decide, in our wisdom, one year that wedre not going to fund that line item, and let me remind you that we're -- we have been known in the past, not to fund particular scholarship line items and I'm thinking particularly about the merit recognitlon scholarships. If we don 't fund those, then some of these students Will be in default on their loans, and they Will -- they Won 't even know about ie until someone is -- drag them into court, trying to collect for a bill that they thought had been paid. So I -- I rise in opposition to this bill, in hopes that we can flnd another a better solution to the problem.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Ralph Dunn.

Thank you, Mr. President and Members of the Senate. I too, 53  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989 rise in opposition for the same reasons outlined by Senator Etheredqe. I can foresee if -- if we didn't appropriate the money some year, then the students are in default would be sued, because someone has to pay back this money. Costs of a million dollars a year is not much in our twenty-two-billion-dollar State budget, I suppose, but eo have studenes who Lhink theylre going to be forgiven, and then for them to be sued, taken to court, because the Legislature didn't appropriate the money to pick up there kabr is just not the rlght way to do I urge a No vote, too.

PRESIDING OPFICER: (SENATOR LUFT) Dlscussion? Further discussion? Senator Weleh, to close.

Well, thank you, Mr. President. I'd just like to say that, you know, We pass an awful 1ot of laws around here that raise fees for students. Yesterday, I think We passed a bill raising compuker fees at the University of Illinoisw on students, by four hundred and thirty-five thousand dollars. The cost of this bill is seven hundred thousand dollars. I think it'd be nice to do something for students once in awhile. Every year they have their tuition raised. It's going up and up. The idea here is not just to help the studentss it's going to help the school kids in the State of Illinois. Wedre trying to compete with Japan with science and mathematics, but We don't have the teachers to do it, 1et alone the students. Unless we start now, by planning for the future, we dre not going to be able to compete with Japan. We have to be -- we are in competition, and this bill reeognizes that. would urge an Aye vote.

PRESIDING OFFICER: (SENATOR LUFT) A1l right. The question is, shall Senate Bill 39 pass. Those in favor Will vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record, please, Madam Secretary. On 54  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 that question, the Ayes are 27, the Nays are 28r none voting Present. Senate Bill 39, having not received the required constktutional majority, is declared failed. On the Order of 3rd Reading is Senate Bill 4l. Senator O'Daniel. Out of the record. On the Order of 3rd Reading is Senate Bill 43. Senator Marovitz. Read the billr pleasez Madam Secretary.

Senate Bill 43. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz.

Thank you very much, Mr. President. In an effort to move the process along and set the way, I'd like to take Senate Bill 43 out of the record.

PRESIDING OFFICER: (SENATOR LUFT) The bill will be taken out of the record at the sponsor's request. At the bottom of Page 3 is Senate Bill 46# on the Order of 3rd Reading. Senator Smith. Read the bill, please, Madam Secretary.

Senate Bill 46. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Smith.

Thank you, Mr. President: Ladies and Gentlemen of the Senate. With my colleague, I agree to take this out of the record, and go along with the...

PRESIDING OFFICER: (SENATOR LUPT) 55  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 All right. Senator Smith asks leave - take it out of the record. We're moving to the top of Page 4. Top of Page 4: on the Order of 3rd Reading, is Senate Bill 47. Senator Smith. Read the bill, please, Madam Secretary.

Senate Bill 47. (Secretary reads title of bill) 3r6 Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 47 would require every accident and health insurance policy which provides maternity coverage, shall provide maternity coverage for any person covered by that policy. And this is already mandated by -- and a current practice of the insurance company. And so I go along with -- ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Schuneman.

Question of the sponsor, Mr. President.

PRESIDING OFFICER: (SENATOR LUPT) She indicates that she will yield.

Senator, Who are you trying to help With this bkll? Who is not covered now that you îre trying to cover in this bill?

PRESIDING OFFICER: (SENATOR LUFT) Senator Smith.

We're trying to relieve some of the families and some of the expense that the teenage -- with teenage pregnancies. They auEomatically have the insurance. 56  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

PRESIDING OFFICER: (SENATOR LUFT) Senator Schuneman.

Well, are you talking abou: -- under -- under this -- traditional health insurance policyr if people buy an individual policy, they have an option as to whether they want to cover maternity or not. So kn most cases, the families already have that option. Are you talking about getting maternity coverage for for example, a teenage teenager in that family, an unmarried teenager in the family, Who would not normally be expected to be preqnantr but maybe...

PRESIDING OFFICER: (SENATOR LUFT) Senator Smith.

Senator Schuneman. It's if the mother is covered With that insurance policyy her daughter would be covered too.

PRESIDING OFFICER: (SENATOR LUFT) Senator Schuneman.

Well, I know that. And so I don 't understand the purpose of the bill. Who is it that you're trying to get covered that isn't covered now?

PRESIDING OFFICER: (SENATOR LUFT) Senator Smith.

Al1 we're trying to do is to put some teeth in it to remind that the child has that option of being covered, in the event that she becomes pregnant. The insurance is covered. It's already mandated With that.

PRESIDING OFFICER: (SENATOR LUFT) Senator Schuneman.

57  STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAN SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Well, to the bill, Mr. President. I think what the Lady is trying to do is already done. So I'm not quite sure what it is she 's trying to accomplish. It probably doesn't do any great harm to pass the bill. But I don't think it does any good.

PRESIDING OFPICER: (SENATOR LUFT) Diseussion? Discussion? Senator Smithr you wish to close?

Thank you, Mr. Chairman. Senator Schuneman, and to my colleagues, this is being done in practice. We merely want to put it into law. That's a1l welre trying to do. It is being done -- so I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LUFT) The question isF shall Senate Bill 47 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted Who wish? Have all voted Who wish? Have a11 voted Who Wish? Take the record: please, Madam Secretary. On thae question, the Ayes are 37, the Nays, 20, 2 voting Present. Senate Bil1 47, having received the required constikutional majority, is declared passed. Senator Watson, for what purpose do you seek recognition?

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

PRESIDING OFFICER: (SENATOR LUFT) State your point.

Mr. president, in *he qallery, on *he Republican side, we have the seventh and eighth graders from Sorento, in -- located in Bond County, in Senator Demuzio's district, loeated on the other side over there, and We certainly Want to weleome them. And Mr. Youn: and Mr. Cameron are uith them, and we wank to welcome Ehem here to Springfield.

PRESIDING OFFICER: (SENATOR LUPT) 58  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Will our guests please rise and be recognized by the Senatez and welcome to Springfield. The top of Fage 4, on the Order of 3rd Reading, is Senate Bill 57. Senator Welch. Read the bill, please, Madam Secretary.

Senate Bill 57. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Welch.

Thank you, Mr. President. This bill is modeled on a bill passed by the Ohio Legislature and is now 1aw in Ohio. What I'm trying to do with this bill is to impose a tax on the importation of waste in the State of Illinoisy by trying to tax waste that is disposed of more than twenty-five miles from either the point of generation, or allow an exemption for disposal at the nearest landfill. The idea behind this is that you cannot tax waste from out of the State of Illinois, under the under the interstate commerce clause of the federal constitution. In order to do that, we have to have a uniform and rational basis for taxation that applies both within the State of Illinois and outside of the State of Illinois. By delineaeing a twenty-five-mile radiusz as well as an exemption from that radiuss for the nearest landfill for disposal, this bill will allow us to collect millions of dollars in taxes. I would be qlad to try to answer any questions on the bill.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Macdonald.

Thank you, Mr. President. I rise in opposition to this bill. The Municipal League is vehemently opposed to this bill. The 59  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Environmental Protection Agency is opposed to this bill. It -- it would certainly ultimately hurt those who are currently disposing of their garbage at the nearest disposal site, and I -- I think the adminkstration of this bill would be really just be awesome, and I really -- I -- I really think that this bill is just not necessary at ehis time.

PRESIDING OFFICER: (SENATOR LUFT) Eurther discussion? Senator Lechowiez.

Thank youz Mr. President. Will the sponsor yield to a question?

PRESIDING OFFICER: (SENATOR LUFT) He indicates he Will yield.

Is there any fiscal impact to the City of Chicago on this bill?

PRESIDING OFFICER: (SENATOR LUFT) Senator Welch.

Well, I'm not sure where they dump their waste, but it's more than twenty-five miles away. I know that a lot of it is dumped on the south side. That Would not be impacted; there would be no tax on that. If -- the answer isz Senator: if you dump it more than twenty-five miles from the point of generation, the answer is yes.

PRESIDING OFFICER: (SENATOR LUFT) SenaEor Lechowicz.

Well, Mr. President and Ladies and Centlemen of the Senatez unfortunatelyz IIm going to have to stand in opposition to this bill. Waste is a very serious problem, not only in the City of Chicago, but throughout this State. But if youfre goin: to be imposing an additional tax, because the -- the site is located 60  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 I more than twenty-five milesz and I know as far as the amount of garbage that -- that and waste thatls processed out of the city and out of the county, the cost to the taxpayer of Cook County would be rather excessive. I'm going to have to oppose this bill, reluctantly: and ask my friends and colleaques to do the same. Thank you.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Weaver.

Thank you, Mr. President. I too, stand in opposition. Many of the cities in my district are hauling twenty-five miles and more away from the city to dispose of their waste. They 're looking to establish a regional landfill, but that's a lengthy, process, and we've not been able to accomplish it in Champaign County. So this would create an additional cost to everyone in the county for disposition of their Waste to a landfill. It's -- I have no idea What it might cost, but I -- I don't think wedre ready for this type of legislation yet.

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

Thank you very much, Mr. President and Members of the Senate. Senatorz I don't -- I probably wouldn't oppose your bill if this just addressed itself to out-of-state generators, but it seems to me, when we -- when a deal with an issue like this: we have to look at it as a statewide issue and a statewide problem. I think this once again regionalizes a very serious problem facing Illinois. I think Senator Lechowicz makes a good pointy and other owners of municipalities do the same thing. Senatorr I don't know whether you know this or not, but khere are parts of the State where land owners are actively seeking - because of bad terrain and the possibility of making land more productive - they dre 61  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 seeking to make some of this land With a bad topography: a landfill. And so this has an environmental impact, too, and think we dre, you know: -- maybe we're working against ourselves here, and I just think that this a bad concept, and one that we ought not move forward, and I Would urge rejection of Senate Bill 57.

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

Well, have some of the same concerns that Senator Maitland has. As you well know, there hasn't been a -- a neW landfill that's been sited kn Illinois now foz a number of years, and I certainly don't have any difficulty with the additional tax on out-of-state Waste, because it's my understanding that out of NeW Yorky you can come in here for like -- for twenty-five dollars a ton, when it costs like a hundred and fifty dollars a ton out there to -- to landfill. My quesklon is, I'm not sure that my communities of Carlinville or Macoupin Countyr shall I say - are within the twenty-five-mile radius of the -- of the landfill, and I'm not sure as to whether or not that Was in thatz in facte would be closest landfill, and if it isn't, we're mandating it to go Within the twenty-five-mile radius, and it just seems to me that perhaps, Senator Welch, if this bill were to pass, that you might want to grandfather in those existing contracts, perhaps.

PRESIDING OFFICER: (SENATOR LUFT) Furkher discussion? Further discussion? Senator Welch, you may close.

Well, thank you. Ks to Senator Demuzio 's suggestion, I Would have no problem with grandfathering in existing contracts. But 1et me just say that I think that those of you who have ever been to a landfill siting hearin: or a meeting in your communities, 62  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 know that people do not object to having a landfill for their own garbage. That isn't the issue. The issue is takin: in garbage from out of the county, from other people, and becoming a dump site. Certalnly there are peopleg Senator Maitland, looking for landfill space to create landfills; I've got a couple in my county. But they want to ship in garbage from seven hundred miles away. That's part of their plan. This bill will generate millions of dollars to help clean up the environment if wedre forced to take that garbage. You know, it -- it seems to me that we should *ry to discourage the shipping of waste throughout the State of Illinois, and especially try to discourage the shipping of waste into Illinois. I'd like Eo have a bill that would just say waste comin: from out of the State Illinois to Illinois is taxed at a high rate, perhaps a prohibitive rate. I can't do that. It's unconstitutional. I'd like to do it, but I canlt. So this is the bese we can do. A twenty-five-mile radius Would -- would impact several States. It Would stop the generation -- the importation of waste inko Illinois, and we would stop being an importer State for this absurd commodity. I Would urge an Aye vote.

PRESIDING OFFICER: (SENATOR LUFT) The question is, shall Senate Bill 57 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted Who wish? Have al1 voted Who Wish? Have al1 voted Who wish? Take the record, please, Madam Secretary. On that question. the Ayes are the Nays, 40. voting Presenk. Senate Bi1l -- 57, having not received the required constitutional majority, is declared failed. 0n the Order of 3rd Reading is Senate Bill 59. Senator Zito. Read the bill, please, Madam Secretary.

Senate Bill 59. 63  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 (Secretary reads title of bil1) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LUFT) Senator Zito. SENATOR ZITO: Yes. Thank you, Mr. President and Members of the Senate. Senate Bill 59 is certainly not a neW concept. We have heard thàs bill in the Senate twice before, and passed it out overwhelmingly twice before. Whak Senate Bill 59 attempts to do is eorrect what believe are the most blatant form of double taxation in *he State of Illinois. And that is to eliminate the double taxation on a customer's utlllty bill. Let me explain the situation that has -- is -- has been occurring and is occurrinq. If a utility eompany charges we use the figure of twenty dollars a month for a bill. the State of Illinois will impose that tax on that twenty-dollar principal of the bill. The municipality will come in and not only charge their percentage of tax on that tweney dollars, but they will include the State's tax in their final calculation. And so what we have is a tax on a tax. I think it's a very simple -- a very, very simple solutton to a very complicated problem. And I can Eell you, one of the single biggest questions I get back in my district is on this issue of a double taxation. I would once again ask for your support as you've done twice before, and send this bill to the House. I would ask for a favorable vote, and be happy to answer any queseions. PRESIDING OFEICER: (SENATOR LUFT) Discussion? Senator Geo-Karis. SENATOR GEO-RARIS: Mr. President and Ladies and Gentlemen of the Senate. understand that this will -- and I speak noW -- I've already announced my confllct as mayor at the beginnins, so 1'11 judge 64 1  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 and -- and vote my conscience. However, it says here the Department of Commerce and Community Affairs estimates at least an annual loss of to the municipalities -- of eleven million dollars, and - if you pass this bill - and the Illinois Economic and Fiscal Commission estimates that this bill could reduce municipal utility tax receipts by 10.4 million dollars in 1990. The City of Chicago could lose 6.3 million dollars, While the remaining municipalities, Which have adopted municipal utility taxes, could lose about 4.l million dollars. Municipalities are having it tough as is right now, I can tell you that, so I don 't know that this bill is so Wise. I -- I would suggest that We take this out of the record and hold it for another time, because I do feel it will create a hardship.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Netsch.

Senator Geo-Karis, an amendment that Senator Zito put on Senate Bill 59 removes the exemption from the Mandates Act. There will be no cost to local governments directly. We will be paying for as we should. If we are going to remove the tax on tax, then we. as State legislators, ought to be willing to absorb the cost. It is not a huge amount, by the Way, and Senator Zito 's absolutely correct. This is something that the Legislature has -- or the Senate' at least, has passed on several occasions, because it is fundamental fairness.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Rigney.

Well, Mr. president. To my friend, Senator Geo-Karig: I hope you dre still votinq with me, when I get done with my explanation. I hope I haven't lost your vote. But what Senator Netsch has told you is true. There was an amendment that said, l'We11, We're not 65  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 going to take this away from the municipalities: we at the State of Illinois are goin: to pick up the tab for this. About eleven million dollars.'' As I understand, about six and three-tenths million to the City of Chicago -- the balance to the downstate communities. A tax on a tax I guess isn't anything new, in that every time we pull up to the gas pump we do the same thinq - we have the sales tax on top of a motor fuel tax. But aside from that, realize that a local -- municipal utility tax is an optional tax with that communiey. Theydre the ones that are enjoyin: the revenue from it, and it doesn 't seem like it's quite fair to say, ''Well: now we're going to go down to Sprinqfield, and we're going to ask Springfield to ante up another eleven millions dollars in behalf of the various eommunities that are enjoying khe receipts from this tax.l' So I think this is one of the unfortunate conditions Where perhaps the amendment made the bill a little Worse . PRESIDING OFFICERI (SENATOR LDFT) Further discussion? Further discussion? Senator Ziko, you may close. SENATOR ZITO: Well, thank you, Mr. President and Members. Once again I -- I'm glad that Senator Netsch rose and corrected the concern that Senator Geo-Karis had. This will not cost local municipalities anything. Will not cost them anything. And in response to Senator Rigney's example of a gasoline eax: that's an add-on tax. That is not a tax on a kax. is not something that is calculated on a principal and then a tax. This again, Ladies and Gentlemen - I'm sure you've heard this from your districts as well - ik is the most blatant form of double taxation we have in the State of Illinoisz and hate to use this example, buk I have heard from so many senior citizen groups that are on fixed incomes and are saying: 'lLook, we don't mind paying the utility bill, we 66 D  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 2@# 1989 don't mind payinq the tax.'' But if We were serious abouk collecting those taxes, We Would come back with an additional levy to raise that. Letfs eliminate the tax on a taxe so it's explainable for a11 of us back in our districts. would urge you to do what you've done twice before, and send this bill to the House. I ask for a Yes vote.

PRESIDING OFFICER: (SENATOR LUFT) The question is, shall Senate Bill 59 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have all voted Who wish? Have all voted Who Wish? Have all voted who Wish? Take the record, pleaser Mr. Secretary. On that question: the Ayes are 48, the Nays are 9, none voting Present. Senate Bill 59, having received the required constitutional majoritye is declared passed. On the Order of 3rd Reading is Senake Bill 89. Senator Collins. Read the bill, pleases Mr. Secretary.

ACTING SECRETARY: (MR. NADRX) Senate Bill 89. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR LDFT) Senator Collins.

Xes. Thank you, Mr. President. At this time, would jusk like to join some of my other colleagues Who feel that some of these bilts -- thak *he cieizens can live Without them, and -- and I'd like to Table at this time Senate Bill 89.

PRESIDING OFFICER: (SENATOR LUFT) Senator Collins asks leave to Table Senate Bill 89. A1l those in favor, signify by saying Aye. Those opposed. The Ayes have it: and Senate Bill 89 will be Tabled. On the Order of 3rd Reading is Senate Bill 90. Senator Lechowicz. Read the bill, 67  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 please, Mr. Secretary.

ACTING SECRETARY: (MR. NANRY) Senate Bill 90. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Lechowicz.

Thank -- thank you, Mr. President Ladies and Genklemen of the Senate. Senate Bill 90 started last year With the Federal Government requiring that there be a mandatory drug-testing program for people who are in mass transportation the transportation industry. I got a aall from Rostenkowski'soffice in reference to the UMTA regulations that Were adopted in November of '88, and there was a concern as far as the possible loss of federal funds cominq into the RTA system. asked the staff to draft the proper bill to make sure that the State would comply With the UMTA regulations. The bill, as amended I know of no objection -- thaeîs exactly what it does, to insure that the RTA Transportation System does not have any loss of federal funds. It's in compliance wikh the UMTA regulations. I know of no objection: as amended, and I move for iks adoption, and ask for your support.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senakor Brookins.

Thank you, Will the Senator rise...

PRESIDINC OFFICER: (SENATOR LUFT) He indieates helll yield.

Thank you. Senator Lechowicz, is this already, in any form , in the CTA proqram now, in Chicago? 68  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

PRESIDING OFFICER: (SENATOR LUFT) Senator Lechowiez.

That is absolutely aorrect. It is -- it is in place in the CTA by a union agreement ratified by manaqement and its -- and its employees. That's not the question. UMTA regulations and the wording of this bill specifically comply with the federal guidelines. The unions are not in opposition to this bill, as amended.

PRESIDING OFPICER: (SENATOR LUFT) Further discussion? Further discussion? Senator -- I'R sorry. Senator J.J. Joyce.

Yes. A question of the sponsor.

PRESIDING OFFICER: (SENATOR LUFT) He indicates hedll yield.

SENATOR JOYCE: What is Ehis going to cost? PRESIDING OFFICER) (SENATOR LUFT) Senator Lechowicz.

Well, if we don't pass it, it may cost some federal funds. There 's no cost to it whatsoever. The language is thak We comply Wieh the federal regulations.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Joyce.

You mean thks isn't going to cost us -- the State of Illinois a cent?

PRESIDING OFFICER: (SENATOR LUFT) Senator Lechowicz.

69  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 Senator Joyce, this is just to insure that ke comply With the federal regulations: and that -- we would track for federal money. That's a11 khis bill does.

PRESIDING O'FICZR: (SENATOR LUFT) Senator Joyce.

Well, you mean then, that it's not going to eost the people in my kownships that are in the RTA, that don'k ge* any service from them. Itls not going to cost ehem anything?

PRESIDING OPFICER: (SENATOR LUFT) Senator Lechowicz. SENATOR LECHOWICZi They have a drug-testing program, a checking point now, by union agreement. That's beinq paid presently. What the purpose of this bill is -- so We don't lose any federal fundse that the lanquage complies with the Federal Governnent. Thatts all.

PRESIDING OPFICER: (SENATOR LDFT) Further discussion? Further discussion? Senator Netsch.

Thank you. A question of the sponsor.

PRESIDING OPFICER: (SENATOR LUFT) He àndieates helll yield.

I understand that what you what your bill is doing is trying to track federal requirements. guess my particular question is, does this bill, in and of itself, mandate drug testing for every employee, whether they have anything to do wikh health safety or not?

PRESIDING OFFICER: (SENATOR LUFT) Senator Lechowicz.

No, ma'am, it does not. It just complies with the federal 7:  STATE 0F ILLINOIS 86th GENERAL ASSEMBLï REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 guidelines.

PRESIDING OPPICER: (SENATOR LUFT) Senator Netsch. Further discussion? Further discussion? If not, Senator Lechowiczy you wish to close?

I think We debated it. ask for a favorable roll call. PRESIDING OFFICER: (SENATOR LUFT) All right. The question is# shall Senake Bill 90 pass. Those in favor will vote Aye. Those opposed, vote Nay . The voting is open. Have all voted who Wish? Have all voted who wish? Have all voted Who wish? Have all voted who Wish? Take the record, please, Mr. Secretary. On that question, the Ayes are 55, the Nays 2, l voting Presente and Senate Bill 90, having received the -- the required constitutional majority, is declared passed. On the Order of 3rd Readin: is Senate Bill 93. Senator Smith. Read the bill, pleaseg Mr. Secretary.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 93. (Secretary reads title of bil1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LDFT) Senator Smith. SENATOR SMITH) Thank you, Mr. President, Ladies and Gentlemen of the Senate. If you look at the Calendar, this bill does exactly what is described. That the county clerk provides a pamphlet describing fetal alcohol syndrome with each marriage license. PRESIDING OFFICERI (SENATOR LUFT) Discussion? Discussion? Senator Topinka.

Well, yes, Mr. Presidenty Ladies and Gentlemen of the Senate. Over and beyond the half-million-dollar impact this would havez I  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 think - you know, although I understand what Senaeor Smith is trying to :et ak here, and I'm sure we want to alert high-risk populakions, thaty you know, alcohol and pregnancy: you know, can be a problem there is nothin: in this bill Which would direct county clerks in having to pass out these pamphletsp for takin: into aceount, age. As a -- as a for instance, I have an eiqhty-year-old widowed father, and he has a lady friend. Should he decide to gek married, it will be incumbent on the clerk to make sure that this couple would ge* one of these pamphlets so thae they might contemplate What the problems would be on alcohol and pregnancy in terms of their case. I don't think it's going to be a big problem for them as well as for other people. I think the other problen we have with thise is that there are better Ways to go at this. I think liability becomes a question in here too. If one of these is not passed out, who would seand responsible, should indeed a child be born with this problem? don't think this is the way to go at ik. This bill really has a lot of problems.

PRESIDING OFPICER: (SENATOR LUFT) Further discussion? Further discussion? Senator Smith. I'm sorry. Senator Severns.

Would the sponsor yield for a question? PRESIDING OFFICERJ (SENATOR LUFT) The -- sponsor indicates she Will yield.

Will the expense be to the county clerk or to khe State?

PRESIDING OFPICER: (SENATOR LUFT) Senator Smith.

Tt'11 go to the county clerk.

PRESIDING OFPICER: (SENATOR LUFT) 72  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26g 1989 Further discussion? Further discussion? Senator Smkth, to close.

This bill has passed ou* of here as Senate Bil1 772, with a vote of 46 to 7. Ik passed the House l04 to And it was only vetoed because the Governor talked in terms of money. Now the Department of Public Hea1th says that -- they say it Would be about ten thousand dollars for the -- the printing of this. And the way we see i: nowy it would not cost that much money. This is a needed thing? and I'm asking that you glve us a favorable vote .

PRESIDING OFFICER: (SENATOR LUPT) The question is...

It has pagsed the Chambers twice. Two years straiqht.

PRESIDING OFPICER: (SENATOR LUFT) The question is, shall Senate Bà1l 93 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Rave a1l voted Who Wish? Have all voted who vksh? Have a1l voted who wish? Take the record, pleasez Mr. Secretary. On that questkon, the Ayes are 33, the Nays are 25, l voting Present. Senate Bill 93, having received the required constitutional majority, is declared passed. Channel 19 from the great City of Peoria, asks permission to film in the Chambers. Is leave granted? Leave is granted. On the Order of 3rd Readkng ks Senate Bill 95. Senator Jones. Read the bill, please, Mr. Secretary.

ACTING SECRETARY: (MR. HAQRY) Senate Bk1l 95. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Jones. 73  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

Yeah. Thank you, Mr. President and Members of the Senate. Senate Bill 95 makes several changes in the Pension Code as it relate to several systems. It sets the minimum funding for State Retirement Systems; it -- for the General Assembly, as Nell as judges; requires State contributions to the State-funded Retirement System. It also has in here the minimum survivor for a GA -- General Assembly award shall be no less than three hundred dollars per month. It it has provlsions as it relate to a survivin: spouse of a police officer, may remarry without losing their entitlement of a survivor's pension; and if no beneficiary pension fund exists at the time of -- of the board election, the members of that board may -- may otherwise require to be elected from among -- amongst the beneficiaries shall be elected -- by and from the active participants. And also for the Chieago Police Departnent, it raises the minimum Widow's annuitys and minimum retirement annuity. And it extends the -- acceleration of the automatic annual increase made to those Who terminate employment for the effective date of -- of the Act that we passed kn .85. I know of no opposition. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Schuneman.

Thank you, Mr. President. The sponsor has, I thinkg adequately and accurately described what's in the bill. As pension bills go, khis is no* a really onerous bill. think Ehere are some changes in here that need to be made. This Wkll keep the process moving. This bill, no doubt - or some of these provisions will come back to us, so for my colleagues on this side of the aisle at least, I don't think that there's anything in here you need to be worried about especkally.

PRESIDING OPFICER: (SENATOR LUFT) 74  STATE OF ILLINOIS 86th GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Furthel discussion? Senator Keats.

Just a little bit of kidding. We are putting in here a provision that protects contributions to the Judicial and General Assembly Retirement Fund from bankruptcy actions. Fine provision; I'm nok opposed to it. The other day, when I had a bill that did exactly that for self-employed individuals, the Senate didn't think khat was such a good idea. And the Trial Lawyers said, ''Oh my goodness, you shouldn't offer that protection to khose sleaze-bag crooks.l' Well, gang, if it Wasn't good enough for those guys, why is it good enouqh for us? Hypocrisy can be embarrassing at times.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? Senator Jones, to close. A11 right, Senator. The question is, shall Senate Bill 95 pass. Those in favor will vote Aye. Opposed, voke Nay. The voting is open. Have a11 voted who Wish? Have all voted Who wish? Have al1 voted Who wish? Take the record, please: Mr. Secretary. On that question, the Ayes are 5lr the Nays are 4, none voting Present. Senate Bill 95, having received khe required constitutional majority, is declared passed. On the Order of 3rd Reading is Senate Bill 96. Senator Jones. Read the bill, please, Madam -- Mr. Secretary.

ACTING SECRETARY: (MR. HADRY) Senate Bill 96. (Gecretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUPT) Senator Jones.

Thank you, Mr. President and Members of the Senate. Senate Bill 96 amends various Acts regulating the health profession. It 75  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 sets up a -- a evidence fund and the criminal fines collected under the Dental Practiee Act and the Nursing Act, Optometry Practice Act, the Pharmacy Practice Act, Podiatry and Medieal Practice Act and the Veterinary -- Medicine Act shall be deposited in the Professional Regulatory Regulation Evidence Pund. This is a department's bill, amended onto Senate Bill 96. know of no opposition, and I ask for a favorable vote.

PRESIDING OFFICER: (SENATQR LDFT) Discussion? Disgussion? If not, the question is, shall Senate Bill 97 pass. Those in favor Will vote Aye. Those opposed: vote Nay. The votin: is open...tmachine cutoffl... Have all voted Who wish? Have a1l voted Who Wish? Take the record: please, Mr. Secretary. On that question, the Ayes are 58z the Nays are none, none voting Present. Senate Bill 96, having received the required constitutional majority, is declared passed.

PRESIDING OFFICER: (SENATOR DEMUZIO) On the Order of Senate Bills 3rd Reading is Senaee Bill l00y Mr. Secretary. Lee me let me just point out that 97, Senate Bills 3rd Reading, Senate Bill 97. At this rate, We Will be here till three a.m. Therefs three hundred bills to go. Mr. Secretary, Senate Bill 97. ACTING SECRETARY (MR. NAQRY) Senate Bill 97. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Thank you, Mr. President. Senate Bill 97 is merely a vehicle bill to be used for some -- some changes we may need in the Insurance Actz and I ask for a favorable vote.

PRESIDING OFPICER: (SENATOR DEMUZIO) 76  STATE OF ILLINOIS 96th CENZRAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Discussion? If not, the question is, shall Senate Bill 97 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted Who Wish? Have all voted who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are nonez none voting Present. Senate Bill 97, having received the required constitutional majority, is declared passed.

PRESIDING OFFICER: (SENATOR DEMUZIO) On the Order of Senate Bills 3rd Readin: is Senate Bill 100, Mr. Secretary. Read the bill, please. ACTING SECRETARY (MR. NAQRY) Senate Bill 100. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Zito.

Thank you, Mr. President and Members. Before I begin on the conversation Senate Bill 100, I was away from my desk on Senate Bill 95 and would like the record to reflect that, had I been herer would have voEed in the affirmative.

PRESIDING OPPICER: (SENATOR DEMUZIO) The record will so indicate. Senator Zito.

Thank you, Mr. President and Members. Senate Bill 100 should come as no surprise to any of you. I think Ehis bill has been lobbied as much , not more, than any other issue facing the Illinois General Assembly this Session. It has been intensified, we have received letters from constituents on both sides of the issue, we have been lobbied by lobbyists here on both sides of the issue. We have received telephone calls from people in our district and outside of our district in support or opposition of  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 this bill. I would suggest to you and ask you for the next few minutes, if you can put aside those lobbyists, those argumentsr because sometimes in the heat ofoovof an issue of this nature, we have a tendency to lose the merits in understanding the bill itself: and I'd like for the next couple of seconds, if I may, to explain to you exactly what is in Senate Bill 100, and you can read alon: for yourselves. Senate Bill l00 Will provide Banks in Illinois to be involved in subsidiaries to sell insurance products - and I think that's a key word - will permit Bank subsidiaries to sell insurance products. Currently, in Illinois, savings and loans, credit unions, retailers, a11 have this authority. would like to see banks be on an equal and level playing field with every other financial institution in Illinoise if We indeed are goinq to make Illinois a financial capital of America. We have gone beyond what current law allows savings and loans, credit unions, retail merchants' for consumer protections. We have built into Senate Bill 100, four or five very strong consumer protection provisions that do not appear in any other of the laws that we have passed to alloW financial institutions to sell insurance. For example, we will inerease the fine for any bank employee Who unlawfully coerces customers to purchase insurance. Persons who sell insurance cannot service loans to banks and their customers. Purchasers of insuranee products will have five days in which to cancel any policy purchased through a bank. Because of these provisions these strong consumer protection provisions - we've been able Eo aEtract thê support of organizations like IPAC, Who speak out strongly in behalf of the consumer protection in Illinois. I think it's important also to realize Senate Bi11 l00 will provide our consumers an opportunity to be able to additionally shop around for the best insurance premiums and rates available. Several years ago in the Illinois General Assembly, We fell quàckly and sorely on our faces, when We tried to address the 78  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 insurance crisis. There is not any unit of local government or any household in the State of Illinois or any business that says right now insurance costs and their premiums aren't the single bigqest costs incurred in operating that business, unit of government, or family. We need in Illinois to provide consumers an opportunity to effectively shop for the best price available. I'm hopeful that in addition to allowing Senate Bill 100 to become law, we wkll allow our consumerz, our residents, our voters, our constituentsv an opportunity to shop one more place to find the best rate available to them . I would ask you to read the bill. 1911 be happy to answer any questions: but I really believe, if we're going to make Illinois the financial capital that we al1 believe it could be, We need to support Senate Bill l00 this morning.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right, discussion? Now there are a number of lights, and everybody knows what we are going to do here, so keep it down, if you would. Senator Watson.

Yes, Mr. President, and thank you. I'm going to take a little differene approach here and tell you really how it is in the banking business. I've been on two bank boards. I'm no longer on a bank board, but when...when those people Would come in there, when we'd get our reports each month, We Would have a breakdown of the installment loan department. And in the knstallment loan department, we want to know why this particular employee hasn'E been selling credit accident and health insurancez or credit life, and we'd have percentages. This particular employee, John Jeffrey Johnson, has seventy-five percent of the people Who have come in, have bought insurance. Mary Johnson, Mary Jones or whoever, only thirty-five percent. Call her in. Find out why she isn't out there pushin: that insurance. And why? Because 79 7- 1 I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989 there's profits, high profits in and you know that. That's What goes on in a bank board meetingz and that's What's going to qo on in regard to this issue. Now I don't necessarily agree at a1l with the sponsor in saying that this is goin: to open up another means of competition. It ain't so, boys. It ain't that way in the board room. And those employees of the bank are going to be under the thumb of the officers of that bank to sell that insurance. Push it. Profits. And I don't necessarily think that we want to make Illinois the financial capital of America, because What's happening in...in rural America, in rural Illinois is the small towns are dying. Now if you Want to put out of business that local insurance agency, then take him out of the picture: in bein: able to offer a policy to the consumers in that particular community. Take him out of the picture and give the banks, really, the ultimate authority and responsibility for providing that insurance, and youfll see those insurance agencies close. And that's What happening in small town Illinois, that's What's happening in my town, and that's what's happening in a lot of your towns. The proper vote on this is No. PRESIDING OFFICER; (SENATOR DEMUZIO) Further discussion? Senator Hall. SENATOR HALL: Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senator Watson, youlre absolutely correct. And I'm tellin: you, for you to get up here and say that you Want to make Illinois a capital of the world and a11 that ridiculous stuff. Let me tell you right now, if you want to put a cap on something, you ought to put it on those dogqone insurance companies. 1'11 tell you right now, my car is garaged in East St. Louis, Illknois. I pay eleven hundred dollars a year liability alone. I'm Ehe only driver. The point about it is, if you fre going to arrange for the insurance company to make a loan and sell the insurance rightz 80  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSTON SENATE TRANSCRIPT 37*h Legislative Day May 26# 1989 that gives them an advantage over everybody else. The point about it is, it might look good to youz and you might say that. had a lady eall me the other day...these insurance companies, big bucksy and telling you that youdre going to do this, to give them the right. The point about it, this is terrible. I have a lot of insurance agents in Belleville and a11 that area of my diserict. They 're vehemently opposed to this, because that's going to put them out of business. They have worked up a family buslness for a1l these years: and you come along with all this stuff about the banks. The banks are making money right now on high interest rates and al1 of this stuff. Why are they gokng to come in and take khe little broker: insurance broker, out there and take off his top? This is ridiculous. I'm telling you, this is a terrible bill. In my twenty some years in this leqislaturez this is the worst bill that ever come up here. I hope too..tinaudiblel..athat you put...all red lights against this bill. It's terrible.

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

Thank you, Mr. President. I Want to announce that I have a conflict of interest. I'm a director of a bank. But I am going to vote my conscience, and I haven't decided yet how I1m going to vote. Thank you.

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

Yes. Mr. President and Ladies and Gentlemen of the Senatez I stand in support of Senate Bill l00z and 1'11 tell you Why. Not only, you now, do I think Senator Zito makes the point of Illinois trying to compete With...with banks that are in our surrounding states, which are already selling insurange. Not only are they selling insurance, but theydve done so for a number of years, and 81  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989 their experkence has proven that there have heen no conplakntB of coercion, or people being put out of business, or any other difficulties. So has worked. And there has been no difficulty, and I think anybody who brings that up just puts a red herring out there. The second thing is, in towns of five thousand or more people...or fewer people, banks already in Illinois can sell insurance. Now, with a11 of these people Who are making noises here against the bill, where were you when savings and loans were allowed to sell insurance, and when retailers like Sears could sell insurance, and even give appliances away, appliances, to get insurance polieies? You want coercion? That's not coercion, it's incentives. So, what are Ne talking about here? think we provide the ability for shopping: I think we provide the ability to do one-stop shopping. Wedve put in so many regulations into this bil1...in...in...that in a field that is already so super-regulated, that I don't think *e have a problem here. Of all people Who would be selling insurance, I think banks are probably one of the best groups, because of the regulation and the monitorîng that goes down. And I Would hope that we would look at this very objectively, and want to compete with other banks and other states, because it's either that or the midwest will dry up . So I would thank you for your positive vote.

PRESIDING OFFICZR: (SENATOR DEMUZIO) A11 right. Let me point out there aze six additional speakers that I know of that Want to speak on this. Senator Holmberg.

Thank you, Mr. President. I still donlt know how I'm going to vote on this leqislation. I'd just like to mention that the lobbyists around here are giving out the private phone b00th numbers to our bankers back homez and I think that should stop.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Geo-Karis. 82  STATE OF ILLINOIS 86th GENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 37th Legislatîve Day May 26, 1989

Mr. President and Ladies and Gentlemen of the Senate. I deal with banks all the time, and if you think they'll lose one dime, your badly mistaken. Number twoe ean't you imagine this poor guy gokn: kn there and wanting to get a loan and they say, ''Yes. You have insurance?'' ''Oh yes, I have my own agent, sure.'' I can see him, his loan being held up, and don't tell me that they are going to be so great and beneficent. I know how theyfre really going to be. You know, the backbone of this country is the small businessman. Why do they have to have.o.sell insurance? My God, Pierpont Morgan made a fortune and he never sold insurance in his bank. And I might tell you something else. I wasn't here when the savings and loan got their right to sell insurance. If you don't think they say to the borrower, ''Now we have insurance. What about it?'' Wait, don't kell me, kf you haven't practiced law with some of these places, you don't know what you bre talking about. The bankers have put out a kit, askin: all thelr employees to write to al1 of us, and I've got hundreds of letters and I've got a copy of the kit here. I'm goin: to tell you something. Banks should stick to banking. Maybe that's what happened with the savings and loans. Maybe *e gave them to mueh authority. Because look What's happening to them today. And kf theyfre going to stick to banking, let 1em not be so greedy. They never lose a dime on one day of ineerest. We close a loan, they take it to the very last day. They never lose. Take my word for it. And I can tell you, I have a nephew who's a banker, and I'm qoing to vote agaànst this bil1...

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator...

can tell you something else. I'd like to tell you the following are against this bill: the AFL-CIO, the Illinois Farm 83  STATE OF ILLINOIS 86th GENERAL ASSEMDLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Bureau Association is agaànst 1t...

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Geo-Karis, please, your time has expired. I can come back to you...

Al1 right, Ifm sorry to take the time, and all I can tell ... is if you believe in the small businessman being allowed to stay in business, for heavenls sakes, vote against this rotten bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) All right. Fourteen more speakers now. I have the clock runnin: in my head. Senator Schuneman.

Thank you, Mr. President. I Want to make a feW points, and first of all, I have to announce a conflict of interest. I do happen to be on a bank board, and I understand that line of thinking, but my Workin: life has been as an insurance agent. And I an a partner in an insurance agency. This is not an argument against big banks and insurance...and big insurance companies. That's nok what's involved here. If you think it is, please think otherwise. This is an argument against banks and insurance agents. Now normally thak is not a very equal fight, *he banks in the communlties with their huge resources, and insurance agencies qenerally representing one- or two-men operations, few people in communities, independent business people. The argument that this is going to bring competition to the insurance business, is the most ridiculous argument I've ever heard. But the bankers keep saying it all the time. ''We are qoing to bring competition to your businessof' Let me tell you something. There are eight hundred and fifty-seven banks in Illinois. There are seven hundred and twenty-nine insurance eompanies licensed to write groperty and casualty insurance. There are eïght hundred and eighty-ekght companies lieensed to write life and accident and 84  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 health insurance. Tbere are sixteen hundred and seventeen insurance companies and seventy-seven thousand insurance producers in this State. Now if anybody needs competitione it's the eight hundred and fifty-seven banks, not the insurance agents that are out there scrapping against one another every day, competing for insurance business. That is a silly argument. They Want to level the playinq field, they say. Well, do you think it really levels the playing field, when anybody, any individual, can go ouk and get a license to go into the insurance business and set up an offiee somewhere. Rou and I and the insurance agents can't go out and get a license to go into a bank, unless we raise huge amounts of capital and unless we get those certificates from government, to go into business. So banks are eieher a monopoly in a community, or they are a limited monopoly in a community. They exist because of government charter. Theydve been given a special privilege in a community, to accept money from the public, to eare for that moneyz to be a fiduciary. That is a high level of care. I suggest to you that their going into the insurance business, going into real estate business, and ultimately into travel agencies and all the rest, is really not going to benefit the independent business people that you and I try to protect here. There's one other point I want to make, and I don 't think it's every been made, that I'm aware of. I worked for years in the insurance agency, and...and have built a respectable business. We have very few assets, you know, a few typewriters, a couple of little PC computers: and that sort of thinq. You know what are assets are? They are our customer records. Because know when policies expire, I know what coverage people have, and I can follow that business and contact them at the riqht time, so that we can continue their insurance. ïou know Who also has a copy of those customer records? Every bank that has a mortgage on any property that I insure. Because they get a copy of the policy. 85  STATE OP ILLINOIS 86th GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26# 1989 Now: you know: we can assume that everything is going to be fine and the bank is not going to look up a11 my expiration records and hand it to their subsidiary. But I don't want you to assume that: because the single most important asset Ehat an insurance agent has are ehose customer records, and I ask you not to allow the banks to go into a business and have aceess to our single most inportant asset.

PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Luft.

Thank you: Mr. President. Let me begin by stating that think that have a confliet of interest. But there's a couple statements ehat have been made that T would like to rebut a little 4 bit. One that Senator Schuneman just made about the records in the banks. Senator Schunemane most home mortgages are financed by savings and loans, who have the right to sell insurance. Now if you would find the penetration of home mortgage insurance in S & Ls and look that record up, my guess is youfll find that penetration at about thirty percent. Senator Watson, if you look up the figures on the penetration of credit and life that was written by banks in khe State of Illinoâs, my guess is that it will not be higher than forty percent.' The point that I would like to make, and one more, toor for Senator Schunemanz that 1, too: think the banks should be able to compete. But we restrict them here in this place. Wefve restricted their advancement as holdinq companies and any oEher type of venture they'd like to make into expansion and create competitkon. But the point that I1d like to make is simply this: that in the State of Illinois, we allow savings and loans to sell insurance. Savings and loans write the mortgage for almost every home thatês bought in the State of Illinois. They already have records in place. There's been no coercion discussions by savings and loans. There hasn't 86  STATE OP ILLINOIS 86th CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 been any special interest group, or anybody that's been faulted by savings and loans writing insurance in the fourteen years khat I've been around Springfield, down here screaming thae they want to eliminate this. Credit unions. Credit unions can write insurance. There's been no one down here the last fourteen years that I know of that has been saying that credit unions have been violating the customers' interest, coercion. And as far as the job loss to the agents: I don't know Whether you read What was handed to you, the study that Was done at the request of, not sure of whom, of the Legislatlve Information System. Which shows that those states that do allow banks to write insurance, there has not been a decrease in aqents. There hasn't been a decrease in insurance agents, or I guess you could compute that as a loss of jobs, by virtue of those states allowing insurance to be written. I think it comes down to a makter of fairness. If the savings and loans can write insurance, if a credit union can write insurance, and as Senator Watson said, we're worried about our rural communities, well' 1et me tell you, and this is an extremely important fackr khat a town less ehan five thousand population, a national bank can Write insurance. So in every small community in downstate Illinois that has a national bank, that bank can write insurance. Where's the fairness to the rest of the financial conmunitles? And that's what I think the question is. a matter of fakrness.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion, Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. Presîdent. Contrary to what most people have said about not having their minds made up, I'm almost certain that everybody has. But I think the record ought to show a feW things that I think are incorreck. Senator Watson, I don't know What director of what bank you were, but J was a director of three 87  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 banks, I currently am not one, dnd I'm going to tell you right now, I've never seen any kind of report that you're talking about. But 1911 tell you what I have seen, and that is the credit life. And credit life simply saysp MWhen you borrow from me, if something happens to you, wefll pay off ehat loan.'' I don't think that's so sinister, 'cause 1'11 tell you a little experience I had of a nekghbor of mkne, three doors down, Who got killed in an automobile accident in Ohio. A very sophisticated borrower, because he never borrowed from banks, 'cause he didn't like the way they did their business. So he borrowed from asset-based lending institutions, and I Watched his wife, and his kids, get moved out of tbat house. Now, theylre going to buy that insurance from somebody: but don't make it appear to be so sinister, 'cause it's not a device designed to make profits. It's also a device to allow the person who makes a loan to insure that if something happens to he or her, their kids don't go out and panhandle. Is there anything wrong with that? Now, let me tell you the main reason why this is bein: proposed, 'causer I'm going to tell you, I Was in business, and my biggest competitors Were U.S. Steel and Republic Steel, and I had a little philosophy with my sales manager. I said, ''Any one of your salesmen that every loses an order to U.S. Steel or Republic Steel geks fired.'' Because those guys can't do for you what the little quy could do. And really donlt believe that any agent is in jeopardy because we're proposing that banks sell insurance. In fact, let me tell you the people who've told me theydre opposed to thks bklly and not one of them's been a real high-class independent agent from my area, and I know many of them. It's been the :uy that works for Metropolitan and the guy that Works for Prudential. That's the person. The little guys. Metropolitan and Prudential. The little quys. Thae's who 's been againsk i*. Well, 1e* me tell you what's happenedz is that the entire financial community has 88  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 changed. I'm tn the securities business. 1 have yet to see one of my investors write a check that came out of a bank. Let me tell you where they write a check out. Out of an insurance company, out of a stock brokerage house an LIA account. And frankly, what's happened is the entire flnancàal community, for whatever reason, right or Wrong: has changed, and theydre no longer banks anymore. They're financial institutions. Full-service institutions. And...this insurance is part of the full-service piece. Just as insurance companies make loans, the banks want the rights to sell insurance. And in closing, 1et me just tell you one thing that distresses mey and that's the reason I primarily stood up. I came to Springfieldz along With a lot of other people, because I felt that government interfered with commerce, and anybody that can stand up here and tell me that restricting somebody's activity doesn't restrict competition, really don't know where theyîve been. The fact of the matter is that day after day, particularly on my side of the aisle, we argue against these restrictions, and honest to Gode it really hurts me to know that the arguments against somebody bein: allowed to sell something is coming from our side of the aisle. Thank you.

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

Kr. President and Members of the Senate, 1 would lkke to..ojust to express that I might have a conflict of interest.

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

Mr. Presidentz I'm ehagrined to admit that I don't have any kind of conflict of interest. It's sort of disappointing, to be real honest with you. I'd like to not repeat some of the arguments that have been made. I do have concerns about 89  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 coercionoo.although frankly, I have the utmost confidence in the banks in my district, who, frankly, are not...thus far have shown no real interest in this, and have notz frankly, hammered me, for which I am eternally gratefuly I might add. I have problems with this, for a number of reasons. We've had a little talk about the kype of insuranee the savings and loans sell. Well, I priced it at my savings and loan: and discovered I could do much better with an independent agent, and I went there to an independent agent, obviously following the best deal. There's a big difference between that once-every-ten-or-kwenty-five-years type of negotiations with a savings and loan and tbe kind of negotiations that 1, as a small businessman, do With my bank annually. Those of us who are in business, and as part of business require credit, have to go back to our banks at least annually, our loans roll over, and we go in with hat in hand in the hopes that the bank will conkinue eo have confidence in us and our business ability. And I have a feeling that form that is in my file folder with the...if this bill passes, would very quickly have a couple of lines on i*, as ko where I do my insurance business. And I'd like to think that thak wouldnlt make a Whole 1ot of differencee but banks are in business to make money, and frankly, have a little business and I tend to do business With people who do business with me. And thatfs a very human tendencyr and I have a feeling even the finest of them eventually would evolve in that direction. And that concerns me. But there's one other issue, which don't think has been mentioned, khae concerns me as mueh. When I go to my independent agent, that kndependent agent works for me. and by the way, anyone Who says this is a fight between banks and insurance companies, doesn't understand the issues. The insurance companies are very adroit, the Prudentials and the oehers. Theydre qoing to do business wherever they can. And, in fack, I suspect that way down deep' many of them would prefer not to deal 90  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26' 1989 With independent agents, but to deal with banks and chains of banks. So this is not a fight between the banks and the insurance companies; it's a fight between the banks and the independent insurance agents, the little guys, the little operators throughout this State, that are in each of our districts. But when I go to my independent insurance agent, that person is working on my behalf, not on the behalf of the insurance company particularly, or the bank. On my behalf. It is that relationship that I really honestly believe is what is at stake here. And it concerns me. For instance: if I Were the president of a large insurance company and I wanted to maximize my sales, I Would be strongly tempted, with khe passage of this bill, ko go to the banks and say, ''I want you to sell our insurance. No, it's not quite as qood as the other guy 's insurance, and naybe our finances are a little shakier than other companiesy but I will deposit, in your bank, ten million dollars. We are in a position to do that. I will put the ten million dollars in your bank, and I want an exclusive for my somewhat shaky, somewhat fly-by-night insurance company to sell insurance in your bank exclusively, to people kho will assume it's okay.'' That bothers me. Because the one thing my trial lawyer friends have convineed me in the ongoing liability Wars, is that where the insurance companies got in trouble was when they stopped being run by insuranee people, and skarted being run by money managers. And this bill will continue that trend in the wrong direction. I want insurance...my insurance agent to represent mee no* a bank or an insurance company, and this bill will destroy that relationship.

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

I apologize for the second time, but to go back to credit llfe that you mentioned, Senator. I've priced the price of credit life 91  ETATE OP ILLINOIS 86th GENERAL ASSKMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 insurance the bank Was offering my clients Who were qetting loans, and I've priced them with independent agents. There were forty pereent more in premiums in the banks, so gauge it accordingly.

PRESIDING OFFICER: (SENATOR DCMUZIO) Further discussion? Senator Zito may close.

Well, thank you, Mr. President and Members. I had asked you when 1...1 probably, first of all, have spoken less on this issue than some of the speakers. So I want to take a couple of minutes. But I had asked at the beginning of my remarks for you to forget about this turf fight that's going on outside of these Chambers, and look at the merits and judge this bill on the merits of its content. I d1d not want to engage myself in the buzz words and rhetoric that would happen over a turf fight, but unfortunately, almost every speaker has engaged in that conversation as well. Senator Luft talked to Senator Watson about the fact thae the small banks, national banks, right now, and there ls ten in Illinois, of towns under five thousand dollars <sicl, can already sell insurance. The argument's been made by Senator Geo-Karis and others, that uefre hurting the small businessmen. Who in this Chamber can tell me that the insurance companies and their representatives is a small industry? Just isn't true. You know. when the bill first surfaced, or the idea, I should say, first surfaced, it kas...I was approached to be the sponsor and I refused sponsorship of this bill at that time, because I didn't beiieve that the consumers would be benefited by Ehis concept. The bill was not drafted as it is today. Senate Bill l00z I assure you, is the best possible consumer protection provisions ehak could be accompanied with this idea. Much stronger than savings and loans, much stronqer than credit unions, and yes, much stronger than the retail merchants. And to my opponents that are trying to protect the insurance agents, where were you when the 92  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 bill was passed to allow retail merchants, the bill was passed to allow credit unions, and savinqs and loans, to engage in this practice? And Why are We simply singling out banks? Why are We doing that? And furthermore, where's the repealer, if you feel so strongly about financial institutions being involved in this practiee? Where's the bill to repeal? isnlt here. Senate Bil1 l00 will once again provide, yes, that equal and level playing field, for financial institutions in this State. And hopefully, propel financial institutions to make Illinois the financial capital of America. It affords our consumers an opportunity to eomparatively shope and Senator Schaffer, in your argumenes, when you went to the savings and loan and found you can do better, you can still do that with a bank; We want you to shop. Bankers Want to be able to provide that service to their cuseomers. Their subsidiaries. And I underline subsidiaries to be able to provide that service to their euskomers. If you read the billz if you forget about the politieal rhetoric and lobbyinq and buzz words on both sides: because it's been enormous' at best, you 'll see that Senate bill l00 addresses each and every concern that we might have about banks bein: allowed to be in this induskry. I would sincerely ask after you review thatr to cast an affirmative vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill l00 pass. 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? Have a1l voted who wish? Last eall. Have all voted who wish? Take the record. On that question, the Ayes are 3l, the Nays are 25, none voting Present. Senator Zito. Senator Zito. Senator zito.

Having voted on the prevailing side, I would move to 93  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 reconsider.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senaeor Zito, having voted on the prevailing side, moves to reconsider the vote by which Senate Bill 100 passed. Senator Topinka.

I move to Table.

PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Topinka moves to Table. Those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Moeion earried. Senator Schuneman, for what purpose do you arise?

Well, for the purpose of a verification, Mr. President. I was up...my light I was on, slr...

PRESIDING OPFICER: (SENATOR DEMUZIO) All riqht. A11 right. Senator Schuneman has requested a verificatlon of those who voted in the affirmative. We are going to be here until 6:00 o'clock in the morning. Madan Secretaryz please read those who voted in the affirmative.

The following Menbers voted in the affirmative: Barkhausen, Brookins, Carroll, Daleyw Davidson, DeAngelis, Dudycz, Ralph Dunn, Fawell, J.E. Joyce, J.J. Joyce, Karpiel, Kelly, Lechowicz, Luft, Macdonald: Marovitz, Neksch, O'Daniel, Raicas Rea, Rigney, Savickas, Severns, Topinka, Vadalabene, Weaver, Welch, Woodyard, Zito and Mr. President.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Schuneman, do you question the presence of any Member voting.o.tinaudible) On a verified roll call, ik's 31 Ayes, 25 Nayse none voting Present.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senaee Sill -- 3rd Reading. Senate Bill 1-1-2. Madam 94  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 Secretary, read the bill.

Senate Bill 1-0 -- 1-1-2. (Secreeary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Berman.

Thank you, Mr. President. This bill represents a consensus of opinion regarding the requirements for admission to our State colleges and universities. As you are a1l aware, the Board of Higher Education several years ago took a position that mandated a fifteen-hour requirement for admission. The following year We postponed that requirement. This September those requirements of fifteen hours, by decision of the State Board of Higher Education, would go into effect. There were several bills on this subjeck that have been introduced. And I Want to thank, publiclyy the Chairman and Minority Spokesman on the Higher Education Committee, Senator Jeremiah Joyce and Senator Ralph Dunn, and also the other sponsors of bills, Senators Welch, del Valle, Watson and Maitland, because many of their ideas have been embodied in this bill as amended. And what we have tried to do is to address flexibility without backin: down from the high standards that the State Board of Higher Education have imposed. And What We have done is to still require fifteen hours, but to allow some flexibility in those fifteen hours by allowinq a -- by allowing subskiEution of coursework in areas, includinq vocational education, in the fifteen hours of requirement. I have a -- messages of support by the Illinois Vocational Association, as Well as from the Illinois Community College Board. There was only one item that I think We overlooked, which we will address in hearings in the Housey and that Was regarding provisional entries, especially at the 95  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRàNSCRIPT 37th Legislative Day May 26, 1989 community colleges, for people that are coming back to school and don't have the required courses. Thatls the only area, I khink, thak we have not addressed here. I'd be glad to respond to any questions, and I solicit your Aye vote.

Discussion? Is there any discussion? If not, the question is: shall Senate Bill ll2 pass. Those in favore vote Aye. Opposed , vote Nay. 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 52 Ayes -- 53 Ayes, 5 Nays, none voting Present. Senate Bi1l 112, having received the required constikutional majority, is deelared passed.

115. On the Order of Senate Bill 3rd Reading is Senate Bill 115. Read the billy Madam Secretary, please.

Senate Bill 115. (Secretary reads title of bill) 3rd Reading of the bill.

Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. This bill requires colleges and universities to explain, in writing, to unsuccessful applicants for admission, their high sehool principals and the colleqe admissions eounselor, the reasons why their applieations were denied. It's a bill thak passed the Senate in the Eighty-fifth General Assembly; and it Was boqqed down in the House. We'd like to qive it another try. I ask for a favorable roll call.

Discussion? Senator Dunn.

96  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Thank you, Kr. President and Members of the Senate. I I couldn't hear you very well, Senator de1 Va1le,... END OF TAPE TAPE 3

... so I don't really know what you said, but let me rebut it anyway. That'd be all right. This bill is an expensive bill. It'd require public universities to write a total of say over twenty-four thousand letters to individuals about the bill. There's no way to estimate exactly What the cost would be, or the time that Would be -- be requkred to Write that many letters. But it really doesn't do anything that we're not doing now under present notification. I think that would suffice. I'd urge that we vote No on Senate Bill 115.

Further discussion? Senator Weaver.

Thank you, Mr. President. Well, I stand also in opposition. As far as *he University of Illinois is concerned, they notify every student who's applicant has been turned down, the reasons for the turndown, and also they notify the high sehools and their counselors of wha: the reasons for turndown are. I -- I think it's just going to create a 1ot -- a lok more bureaucracy, and àt's already being done, for the most part. So I'd stand in opposition.

Further discussion? Further discussion? Senator del Valle may close. 97  STATE OP ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 SENATOR dEL VALLE: Well, I -- I just dekected a contradiction. Senator Dunn said that it would be costly to do this, and Senator Weaver said that it's already being done. I agree with Senator Weaver. What this would insure is that the approprlate information is included, so that We can make sure that principals and counselors are aware of the reasons why their students are being rejected. We passed the School Reform Bill here, Senate Bill 1840, that holds principals accountable. Their jobs are going to be on the line if students are not performing in these schools. This bill would insure that they get the kind of knformation that Will help them detect weaknesses in the curriculum and in their overall programs. It's just informationy and if the letters are already being sent out, al1 We need to do is make sure that adequate information is provided in that letter. So I don't see any real added expense by doing that. move that we adopt this bill.

Question ks, shall Senate Bk11 115 pass. Tbose kn fakor will vote Aye. Opposed, vote Nay, and the votin: is open. Have al1 voted who wish? Have all voted who wish? Have all voted Who wish? Have a11 voted who Wish? Take the record. On that question, there are 28 voting Aye, 29 Nays, voting Present. Senate Bill 115, having received the required -- having failed eo receive the required constitutional majorityz is declared lost. 116. Senakor de1 Valle. On the Order of Senate Bills 3rd Reading is senake B1ll 116. Read khe bill, Madam SecreEaryg please. SECRETARY HAWEER; Senate Bill 116. (Secretary reads title of bill) 3rd Reading of the bill.

98  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. This bill requires that various colleges and universities report annually to high schools, data coneerning their forner students. Let me say that IBHE put together a a committee that decided that khere are two general information needs that are kmportant to hkgh schoolsz and that ks information about where students matriculate, which is the bill that we just let go, and then also information about their performance. This bill would insure that the high schools get information on the performance, and that this information then help administrakors in schools make decisions about where they need to improve.

Discussion? Senator Dunn. SENATOR R. Dunn: Thank you, Mr. President and Members of the Senate. I -- I'd rise in opposition to this bill. Thls additional burden to the universities and the governlng bodies of the university would cost an estimated three hundred thousand dollars. Each board would have to survey each thirty-three hundred college: nationwide to try to track where the transfer students went or where they came from. The Board of Higher Education has a school feedback study that has been implemented now, and this should give us a1l *he information we need to know about this. think it would be too soon to vote for a bill like this, and I -- T move we defeat it again.

Further discussion? Purther discussion? Senator del Valle may close. SENATOR dEL VALLE: IId just lâke to add that the IBHE has already decided, and 99  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 university presidents have already decided, that itls a very good idea to provide this information to Illinois high schools. This would be -- this bill would be in support of that effort. I ask for a favorable roll call.

Question is, shall Senate B1ll ll6 pass. Those in favor ki1l vote Aye. Opposed, vote Naye and the voting is open. Have al1 voeed who wish? Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, khere are 31 Ayes, 26 Nays, none voting Present. Senate Bill 116, having received the required constitutional majority' is declared passed.

128 was on the Recall. 129. Senator Collins. Bottom of Page 4, Ladies and Gentlemen, is Senate Bill 129. Read the bill, Madam Secretary, please.

Senate Bill 129. (SecreEary reads title of bill) 3rd Reading of the bill.

Senator Collins.

Yes. Thank you, Mr. President. Senate Bill l29 is an attempt to provlde for some protections for married couples aqainse the frivolous debts of one spouse aqainst another. And we have tried to amend this bill to accommodate some of the concerns we do have. The State Bar Association and the Chicago Bar Association support this bill. I would be happy to try to answer any question. If not, would just like to submit this bill to the collective wisdom of the Body.

l00  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 Discussion? Is there any discussion? If not, the question is# shall Senate Bill l29 pass. Those in favorr vote Aye. Opposed, vote Nay, and the voting is open. Have a1l voted who wish? Have all voeed who wish? Have all voted Who wish? Take the record. On that question, there are 50 Ayes, 3 Nays, none voting Present. Senate Bill 129: having received the required constitutional majority, is declared passed. Top of Page 5, on the Order of Senate Bills 3rd Reading, is Senate Bill 136. Read the bill, Madam Secretary, please.

Senate Bill 136. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President. This would restore the blind and elderly exemption to approximately nine hundred and thirty-nine thousand citizens in Illinois: and the cost would be somewhere bekween seven*een eo euenky million dollars annually, according to the fiscal note of the Department of Revenue. As you know, this was taken away in the Tax Reform Act of 1986, I think it was, and this Would restore to those individuals who are the least able to afford losing money. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, the question is, shall Senate Bill 136 pass. Those in favor' vote -- those in favor, vote Aye. Those opposed, vote Nay. The votin: is open. Have al1 voted Who Wish? Have all voted Who Wish? Have all voted kho Wish? Take the record. On that question, there are 54 Ayes, no Nays, l voting Present. And Senate Bill 136, having received the required constitutional majorityr is hereby declared passed. 101  STATE 0F ILLINOTS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989 Senate Bill 141. Senator Welch. Read the bill, Madam Secrekary.

Senate Bill 141. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICEK: (SENATOA D'ARCO) Senator Welch.

Thank you, Mr. President. What this bill will do will require the use of Illinois workers on public works project, When hazardous waste cleanup projects are involved. What We are tryin: to do is correct a situation that has accurred, and wedre to keep from happening again. We have a Super Pund cleanup in the State of Illinois, and What happened Was the winning bidder on the contract came from a firm in Georgia. Instead of hiring Illinois employees to do the actual excavation of the contaminated yards throuqhout the City of Lasalle, they brouqht in people from Georgia, housed them at a local hotel, and sent the wages, basically, to Ceorgia. They've been playing -- paying unemployment insurance to Georgia. What we are trying to do with this bill is amend the law so that Illinois workers are giving given preference khat there has to be a test taken to work on a hazardous Waste site, approved by the State of Illinois. Currently in Illinois, a forty-hour course is given here in the State, near Joliet, that individuals have to take to be on a hazardous waste site. We want to make sure no* only that Ehe indivlduals workin: on the site know what they are doinqy but that they are protected, and later don't end up suing the State and the Federal Government. An additional amendment that Was added to this concerned the general aptitude test battery. I have worked out an agreement with the Director of the Department. That amendmenE Will be removed in the House. They have removed their l02  STATE OF ILLINOIS 86th GSNERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 opposition to the btll. I'd be qlad to answer any questions.

PRESIDING OFPICER: (SENATOR D'ARCO) Any discussion? If not, the question isy shall Senate Bill 140 -- Senator Macdonald.

Wellr Mr. Presidenty reluctantly get up to oppose this bill. While this amendment will be removed, I'd like to ask the sponsor if he kill yield. How many companies do -- do the firms -- does this -- will -- will this apply to? HoW many firms in Illinois? Did you...

PRESIDING OFFICER: (SENATOR D'ARCO) He indicates he will yield. Senator Welch.

Well, Senator what happens is, when there is a Super Fund cleanup, there are bids that are let, and anyone ean bid on it. What happened in this instance was a out-of-state company was -- what happened Was Westinghouse bid on it, but they had purchased a subsidlary out of the State of Georgiar and they had the subsidiary come in and bring kheir employees with them. Sow in effect, what it will do is it wil1 it will apply to all companies that do cleanups, and make those companies take a test in Illinois or be approved by the State of Illinois to work on an Illinois site.

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

Which of the amendments did you -- are you going to correct?

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

It is Amendment No. 1, offered in committee. The amendment required -- the Department of Employment Security Was requiring l03  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 individuals to wait five years before taking the general aptitude test battery. What my amendment would have done was require them to let the individual take it with only a year in between. I am removin: that amendment, beeause the Department is going to comply with federal guidelines, and they are going to offer the test more frequenkly. That's goin: to come off of the bill.

PRESIDING OFFICER: (SENATOR D'ARCO) Further discussion? Senator Schaffer.

I don't think your bill does this, but 1111 ask a quick question. Some industries are highly specialized, anJ because they recognize the needs or the potential for problems, have highly trained cleanup teams, and When -- when they do, in fact, have a problem with a trucking -- maybe a truck of their produck is in an aecident or whatever, they would bring a Eeam in from any, you know, if they Were based in Indiana, they would -- those people would land in a helicopter, so to speak. Thereês nothin: in this that would prohibit that kind of activity, is there?

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

Senator, that question was raised, and I speeifically put an amendment for emergency response situations. They can come in in an emergency.

PRESIDING OFFICER: (SENATOR D'ARCO) A1l right. Further discussion? If not, the question ls, shall Senate Bill 141 pass. Those in favore vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted Who Wish? Have al1 voted who wish? Take the record. On that question, there are 37 Ayes, 14 Naysy none voting Present. And Senate Bill 141, having received the required constitutional majority, is hereby declared passed. Senate Bill 104  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26# 1989 150. Senator Rock. Read the bill, Madam Secretary.

Senate Bill 150. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President and Ladies and Gentlemen of khe Senate. senate Bill l50 is an anendment to the Public Aid Code and the Health Finance Reform Act, and it would require essentially that the Department of Public Aid, in its reimbursement, recognize the fact that some hospitals across this State, in fact, take care of - are caring for a disproportionate share of Medicaid patients. There is a list currently of thirty hospitals across this State that would qualify under this proposal, and we happen to have the dubious distinction in Illinois - although there have been eighty hospitals closed nationwidey fourteen of them have been here in Illinois. Eleven of those would have qualified under this proposal. A1l it says is *e recognize that you - hospital - are taking care of more poor people than some othersw and we are going to reimburse you at a slightly higher rate. Now this has been authorized by the Federal Government, and they authorized one of two formulasy and obviously the Department of Public Aid, because of fiscal constraints, took the lesser number. There is currenEly five million dollars in Ehe budget, as proposed by the Governor, to afford additional payments to these disproportionate share hospitals. What I am suggesting, by virtue of this proposal, is that We take the higher alternative; and the figures - the fiscal note that the Department was kind enough to share with me - would indicate it's probably an additional fifty. We said forty-five. They say somewhere between l05  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSIQN SENATE TRANSCRIPT 37th Legislative Day May 26e 1989 ftfty and sixty. It's probably around seventy million dollars additionale half of which would be, of course. subject to federal reimbursement. have met at some lenqth With Director Suter and some of her top advisors and consultants, and we are attempting to structure yet another alternative to bring the cost more within reason. The fact of the matter is I have discussed this with the Governor. I think everybody recognizes, certainly everybody in this Chamber recognizes, that we cannot afford to have more hospitals close. St. Ann's Hospital, on the West side of Chicago, Was -- was a devastating blow to -- to my community when that closed. And I9m not going to suggest that the reimbursement policy is the sole -- sole reason for those closures, but the fact is, if you 're only qettinq sixty-seven cents for every dollar you expend, something's wrong. So I would ask you for your support on this. Will pledge to you that I will keep working and working with the Department of Public Aid to make some reasonable accommodation with these hospitals, because we sure don't want them closing. And we certainly don't Want a policy Whereby they'll stop taking the poor people. I would ask for an Aye vote. PRESIDING OPFICER: (SENATOR D'ARCQI Any diseussion? If not, the question is, shall Senate Bill l50 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted Who wish? Have all voted Who wish? Have a11 voted Who wish? Take the record. On that question, there are 34 Ayes, Naysg 3 voting Presentz and Senate Bill 150, having received the required constitutional majority, is hereby declared passed. Senate Bill 170. Senator Jones. Read the billz Madam Secretary .

Senate Bk11 17Q. (Secretary reads title of bill) 106  STATE OF TLLINOIS 26th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26z 1989 3rd Reading of the btll.

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

ïeah. Thank you, Mr. President and Members of the Senate. Senate Bill l70 is the Good Driver Initiative Bill. It prohibit insurance gompanies from setting the rates for automobile insurance based on the zip code of the residence of the insured. The driver record of an insured shall be -- be -- be -- I got this al1 mixed up. Okay. A1l riqht, then. The driving record of the insured, it says, shall be the predominant factor in establishing auto premiums. What this bill does primarily is simply this: prohibits you, as a good driver, from being penalized because someone living five blocks or six blocks from you has a bad record. It is a good driver initiative. Why should you, as a good driver, be penalized based on Ehe qeographical -- the geography of your residence? That is, if I live in one locaElon and someone else lives in the same zip code, but that person has a bad driving record, why should I be charged? That is what this bill does. I know of no opposikion to the bill from Members of the General Assembly. So I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR D'ARCO) Senaeor Schuneman.

Thank youe Mr. President. The good driver initiative - that's a new term, Senator, and 1 congratulate you on that. ThaE has a ring to it that -- I don't see how anyone could resist that. I thought this was called the share-the-cost initiative. Share-the-cost knitkatkve is what really is# because the sponsor, at least once a year - and noW this is his offer this year generously offers to change the auto rating system so that all the rest of us get to help pay the insurance costs in the 107  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 City of Chicago. And basically thatîs What it amounts to, because the insurance -- auto insurance business is rated to some extent by the area Where you live, the territory in which you live. And know that Senator Jones and others who live in Chicago, don't like that idea, but to those of us out in the country, it seems like a very sensible system, and to those in the suburbs. Certainly, Senator Jones, you can't -- you can't refute the argument that auto repair costs are higher in the city. Accident frequenay is higher in the city. Lawsuits are higher in the city. Medical expenses are higher in the city. And those are the expenses that auto insurance claims go to pay. So to come here and argue that the rates should be the same in southern Illinois as they are in the city, just doesnft f1y with the rest of *he State, and although yours is a generous offer, I think we ought to reject it.

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Further discussion? Senator Jones, to close.

Well, I think the opponenk of this legislation gave my remarks. The current laW is share -- share the costs. If you -- you have zip codes doWnstate equally as well. So why should you be paying an increase in your premium at a higher cost for someone else driving bad in -- in another zip code? It's not a question as to -- as to the costz but why should I live on one side of the street, pay one rate, and the other person lives opposite me on the other side of the streetg pay another rate? This is a good-driver initiative, and it has noEhing Eo do vikh *he City of Chicago . It impacts on a11 residents across the State of Illinoisz because you also have zip codes. And one zip code - be it in East St. Louis or in Madison County, or in Springfield that zip code rate is high, you are penalized. Let them use your good driving record as a basis for setting your rate, and that's a1l l08  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 this good driver initiative do, and I ask for a favorable vote.

PRESIDING OPFICER: (SENATOR D'ARCO) A11 right. The question is, shall Senate Bill 170 pass. Those in favor, vote Aye. Oppo/ed, Nay. The votinq is open. Have a11 voted who wish? Have all voted who wish? Have al1 voted Who wish? Take the record. On that questionz there are 15 Ayes, 38 Nays, none voting Present, and Senate Bill 170, havin: failed to received the required constitutional majority, is hereby declared lost. Senate Bill 177. Senator Topinka. Read the bill, Madam Secretary.

Senate Bill 177. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DfARCO) Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate. To my knowledge, there is no objection to this. This is a bill that comes to us from the Regional Organ Bank of Illinois, and ik basically brings the Dniform Anatomical Gift Act and the Hospital License Act into conformance kith one another. The problem exists in terms of the hospitals that are involved in the exchange of organs when there has been a -- an organ and tissue donation, of getting the staff from one to the other, and having their licensure accepted. so, I may have your favorable vote.

PRESIDING OPFICER: (SENATOR D'ARCO) A11 riqht. Any discussion? If not, the question is, shall Senate Bill l77 pass. A1l those in favor, vote Aye. Opposedr Nay. The votin: is open. Have all voted Who wish? Have al1 voted who wish? Have all voted Who wish? Take the record. On that question, there are 51 Ayes, no Naysp none votkng Present, l09  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 and Senate Bill 177, having received the required constitutional majority, is hereby declared passed. 179. Senator Welch. Read the bill: Madam Secretary.

Senate Bill 179. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President. This bill is dealing with the Board of Higher Education Act. What it's going to require is that a11 appropriation bills for the board: public institutions of hiqher education, set forth program data by separate line item for each campus. The idea behind this is that in the appropriations We get a lump sum for basically the Unlversity of Illinois and SIU. All this bill ks gokng to do is to say to those two campuses, ''Break it down by campus. What do you spend at the Chicago branch? What do you expend at the Champaign-Drbana branch? What does SIU spend at EdWardsville versus Carbondale?' î We've taken out the line ltem. It doesn't have to be by item by item, it just has to be lump sum as to each campus. The front office of each school has to be broken out. Wedve taken out the community eolleges; it doesn't apply to them at all. I'd be glad to answer any questions. PRESIDING OFFICER; (SENATOR D'ARCO) Al1 right. Senator Weaver.

Well, thank you, Mr. President. I stand in opposition to this bill. Those institutions that have multi-campuses, are governed through one central administration, and itfd certainly be inappropriate to try to assess what the administrative costs are l10  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 at three or four different campuses. Even more than that, when we're talking about medical schools at Rockford, Peoria, I just don't know how hoW we could handle this to the -- to the satisfaction of maybe the Auditor General in -- in the future. It's just not Workable, and I -- I see no useful putpose that it serves, and so I stand in strong opposition.

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

I rise in opposition, too. And I just give you a practical problem or two. Libraries. If you have a multi-campus university, somewhere you purchase X book. Let's say you purchase it at a Champaign-urbana campus, therefore it gets listed khere. You know, those nove around through the libraries. They are available to a11 the various departments. Most of the academic curriculum is moved around through departments. How you could ever possibly figure out Where those things are, and hoW you put them in a budqet as for this campus or that campus -- you knowp that's why we have a university, because they share their assets, and the point is those assets, with the exception of a few brick buildings, are awfully mobile. I just -- just from a practical point of view, I just don't even think this bill is even feasible, and I would request a No vote.

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

Yes. Thank you, Mr. President and Members of the Senate. For the same reasons that was enumerated by Senator Weaver, I rise in opposition to this bill.

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

lll  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Thank you, Mr. President. Let me just say that it's not mission impossible to achieve what Wedre trying to do with this bill. The Board of Regents is able to break out their three campuses, school by school. The Board of Governors breaks out their campuses, school by school. It's just fundamentally an attempt to try to flnd out hoW much is bein: spent. You know, we don't know how much is betng spent at the hospital for the University of Illinois in Chicago. We just get one lump sum submitted to us. I think that there should be some aecountability here, and I don't think this is asking very much. Thts is a small request of major institutions in multimillion-dollar budgets. urge an Aye vote.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. The question is. shall Senate Bill l79 pass. Those in favor, vote Aye. Opposed: Nay. The voting is open. Have all voted who wish? Have all voted Who Wish? Have a11 voted who wish? Take the record. On that question, there are 24 Ayes, 30 Nays, none voting Present, and Senate Bill 179, having failed , to received the required constitutional majority, is hereby declared lost. Senate Bill 182. Senator Etheredge. Read the bill, Madam Secretary.

senate Bill 182. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR D'ARCO) Senakor Etheredge. SENATOR ETHEREDGE) Thank you, Ladies and Gentlemen of the Senate. Mr. President. This legislation would -- Would affect only one park district in the State of Illinois. It is a district - just to describe very briefly the situation - that does include seetions of two counties 1l2  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 on its seven-member board of trustees. However, with the way the law is wrktten at the present time, a11 seven of these trustees must come from one county. That leaves one county unrepresented. The purpose of this legislation is to make it possible for the -- both counties to be represented on this board. I'd be happy to respond to any questions.

PRESIDING OFFICER: (SENATOR D'ARCO) Al1 right. Any discussion? If not, the question is, shall Senate Bill l82 pass. Those in favor: vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present, and Senate Bill 182, having received the required eonstitutional majority, is hereby declared passed. 187. Senator Maitland. Read the bill, Madam Secretary.

Senate Bill 1-8-7. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you very much, Mr. President and Members of the Senate. Senate Bill l87 does a number of things, and I might also suggest to the Body that there is still negotiation going up on -- going on a couple of Ehe -- of *he issues, and it's my understanding that it's been shared with -- with both sides. Well, let me briefly describe what the legislation does. First, there is a technical change that was needed because of some -- a mistake We made a couple of years ago, when we passed initial legislation. This undoes the damage We did. Secondly, allows -- takes off the repealer for the unit district conversions. It also 1l3  STATE 0F ILLINOIS 86th GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 I addressesy exactly -- providing for the date of June 30th to be I used as the computation for debt -- for figuring that consolidation provision. This Was of particular importance to Senator Schuneman. And finally, it provides for voluntary dissolution of a school district. And I would be happy to respond to any questions.

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

Is it -- is it my understanding that this bill is going to have some amendments in the House? Is that correct?

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

Senator Demuzio, in my opening remarks, I said there Was still discussion going on. I think the concern is with respect to -- to the dissolutionment of -- dîssolutkon of -- of districts, and -- and I think there is some discussion there, but it is my understanding that that Will be talked about in the House. ïes, sir.

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

So, as I understand it, under this amendment, I assume that a school board, by simply the majority vote, can move to dissolve itself and to voluntarily. at that point, atkach itself ko some other district without the other district's approval. PRESIDING OFFICER: (SENATOR D'ARCOI Senator Maitland.

Senator, there are -- there currently ks a proviskon allowing j districEs that are decertified by the State Board to -- to i I I 114  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 dissolve: and then, of course, the school board -- Regional Board of Trustees makes the determination as to khere they go. But there is a year delay here: which -- Which would suggest that there Would be a year that the district would have ko operate with no -- With no money. That's the first -- thatfs the first part of that component. The second componentv yes, would alloW a dkstrkct that anticipates serious problems - and are not going to be able to contknue. and are fearin: -- fearing decertification - wou16 also follow thak same provision.

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

All right. I can understand that provision, but tell mep Where -- What does it say in the language of khis bill, that once the school district decides that theyfre going to dissolve and attach itself to another school districty what are the provisions for attaching itself? For example, let's assume for a moment that - let's say Cahokia Wishes to dissolve itself and aEtach itself to East St. Louis. Is is that possible, under -- under this bill? I mean, what does -- what does the -- the -- the new school district, what does it have to say about it?

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

Well, Senator, again, it will -- the decision will be made by tbe Regional Board of School Truseees. Thak's the responsibility that will be -- is theirs nou, as a matter of fact.

PRESIDING OFPICER: (SENATOR D'ARCO) Al1 riqht. Senator Demuzio.

Final question. I don't want to belabor ik. Does that mean khaE the -- the -- the new school district khen will have no say I STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT - 37th Legkslative Day May 26, 1989 in the decision-makin: process? PRESIDING OFFICER: (SENATOR D'ARCO) Senator Maitland. SENATOR MAITLAND: Senator, there will be a -- they will be a hearingr and obviously they will be able to offer input into the decision that will ultimately be made by the -- by the school board the Regional Board of Trustees. But the final decision, yes, will be made by the -- by the trustees. PRESIDING OFFICER: (SENATOR D'ARCO) All right. Any further discussion? If not, the question is, shall Senate Bill l87 pass. Those in favor, vote Aye . Opposed, Nay. 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 45 Ayes -- 46 Ayes, 6 Nays, voting Present, and Senate Bill 187, having received the required constitutional majority, is hereby declared passed. Senate Bill 201. Senator Watson. Read the bill, Madam Secretary. SECRETARY HAWKER: Senate Bill 201. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR D'ARCO) Senator Watson. SENATOR WATSON: Thank you , hr. Preskdent. Senator Jacobs put an amendment on this btll yesterday, which deleted everything after the enacting clause, and put this language in. Simply skates that with respect to mobile homes, as defined in the Mobile Home Local Service Tax Act, which are neW, and have not been previously occupied as a dwelling place, a tax imposed by this Act shall apply to only sixty percent of the proceeds of the sales made on 116  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 or after January lst of 1990. And tbe fiscal impaet, Whîch a fiscal note had been filed, and the fiscal impact for the State would be l.5 million, and for the units of local government, .4 million. Okay, why are we trying to do this? Well onex of course, is that a mobile home is a home, and when you build a homee the average price of your home is about forty percent of it labor. And in this particular piece of legislation, that's what wefre saying also. That a mobile home, simply, forty percent of would be labor and should not be taxed as a sales tax. So Wedre saying that youdll tax on the basis of sixty percent of the actual cost of a new mobile home. Be glad to answer any questions.

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

Thank you, Mr. President. I understand the objective that Senator Watson is trying to achieve there. My concern and I raise this largely as a concern, although a very deep one - is the problems that ik creates in administration. For example, the Department of Revenue does not really currently break out the sales of mobile homes from car and airplane sales and others, and sometimes they are handled, apparently, by similar dealers. So that they do not have access to the kind of information that you are talking about to make that kind of distinction and apply only sixty percent to the nobile home sales and a hundred percent to other items sold. I think that is a matter of some eoncern. IE also concerns me - and I think this is perhaps part of the same thing - that with the sales tax reform law khat we passed last year, we are trying very hard to :et a reasonably uniform, consistent base and reeording system into our sales tax Statewide. And I do see this as a step, probably backwards - at the very best, sideways. 1l7  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Senator Jacobs.

Thank youe Mr. President. Just very briefly. Number onee I think this has to be done to qo to what we really wanted the bill to do in the first place, and that is to tax trailers or mobile homes a: real property, and I think this is the first step toward that. I think more importantly though, is -- is the objections by the Department of Revenue. My goodness, it's that hard for them to do, maybe we better look at the Department of Revenue. I I urge an Aye vote. PRESIDING OFPICER) (SENATOR D'ARCO) Senator Rigney.

Well, Mr. President, merely point out to you that everythkng around about us that we buy, has a certain component of labor in it. And we do pay sales tax on finished products. I think this is a rather poor eoncept. Keep in mind that this bill started out originally ko put mobile homes onto the real estate tax: and ended up as a eax break to take away forty percent of the sales tax. I donfk think it's good legislation.

PRESIDING OPFICER: (SENATOR D'ARCO) A1l right. Senator Watson, to close.

Well, thank you. Senator Rigney, what we're talking about here is someone's home. Now that -- that's khe difference. We've talked about affordable housing in this Chamber, and thls is an attempt -- and I think the -- the mobile home people -- is an attempt to provide affordable housing to a lot of people. Maybe they can't go out and build a hundred-and-fifty-thousand-dollar home, but they can buy a tkenty-thousand-dollar mobile home.

PRESIDING OPPICER: (SENATOR D'ARCO) 1l8  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 Can we have some order?

A11 wepre saying is that We feel that forty percent of that cost of that home is labor, and should not be taxed. The fiscal impact on this particular legislation really is minimal. I was quite surprised at how 1ow it really was. There's approximately three thousand one hundred and seventy new mobile homes sold in Illinois, according to the Illinois Manufactured Housing Association. I just think that this is somethin: thatls equitable, and I think it's fair to the peoplez and certainly urge your support.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator -- The question is, shall Senate Bill 201 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted Who Wish? Have a11 voted Who wish? Take the record. On that questionz there are 41 Ayes, 10 Nays, none voting Present/ and Senate Bill 201, having reeeived the required constitutional majority, is hereby declared passed. Senate Bk11 206. Senator -- Senator Karpiel. Read the bill, Madam Secretary.

Senate Bill 206. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 206 does two -- tWo things, really. It says that the forest preserve district in either Kane County: Lake County, or Will County -- it would require them to receive the permission of a munieipality before the acquisition of property within that ll9  STATE OF TLLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SCNATE TRANSCRIPT 37th Legislative Day May 26, 1989 municipality, for a bike path or other linear path. This is not new language, ackually, what this isz is going back to the State Statute as it was Written before 1983, when the Kane County Forest Preserve District had it changed. The rest of the bill -- the rest of the bill simply puts in some -- some language which says that in these counties, a forest preserve commission that wants to acquire property by condemnation for recreational purposes onlyy and if that property is improved with a single-family residence, then the public necessity of that acquisition shall be limited to the present needs of the district, for a specific and identified project, and the district has to prove that there's a public necessïty for that acquksition, and I ask for your Aye vote.

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

Will the sponsor yield: Mr. President?

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

Senatorr I'm wonderin: if youdll take Will County out of this by agreement? Would you do that in the House?

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

I would be glad to, Senator. I don't know why it was included. Somehow or other when we are trying to write specific legislation for various counties, they use population figures to do that, and sonehow or other, it included Will. There was no intent on my part to include Will. I'd be glad to do that.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. The question is, shall Senate Bill 206 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. l20  STATE 0F ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 Have all voted Who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, there are 49 Ayes, 1 Nay, 2 voting Present, and Senate Bill 206, having received the required constitutional majority, is hereby declared passed. Senate Bill 210. Senator Geo-Karis. Read the bill, Madam Secretary.

Senate Bill 210. (Secretary reads title of bill) 3rd Reading of the bill.

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

Mr. President -- Mr. President and Ladies and Gentlemen of the Senate. This bill would allow for a backdoor referendum on the condemnation of property by forest preserve district in Kane and Lake Counties only. And we required notification by certified mail to the owners of property which has been condemned by resolution of forest preserve district. Public notice should be qiven and it's a bill to safeguard the rights of property owners that have been very unfairly treated in the past. And I ask for your favorable vote.

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Senator Barkhausen.

Very quickly, Mr. President and Members. Similar to my comments last night, I don 't see any reason to be doing this sort of thinq only for forest preserve districtsz nor, where forest preserve districts are concerned, do -- can I see a rationale for doing it only in those forest preserve districts in Kane and Lake Counties. For that reason, I stand in opposition of the bill.

PRESIDING OFFICER: (SENATOR D'ARCO) 121  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th'Leqislative Day May 26, 1989 Al1 right. Senator Geo-Karis, to close. No. Senator Holmberg.

Thank you, Mr. President. Ild just like to mention that -- that this does open up a new way of doing -- condemnation with a backdoor referendum. I certainly like your bill 2ll better than this one, Geo. T do realize you have problemsg but I want the Membership to be aware that it's something new.

PRESIDING OFFICER: (SENATOR D'ARCO) A1l right. Senator Geo-Karis, to close.

I1d simply ask for a favorable votez because I don't like to see homesteads targeted for acquisition Without negotiation.

PRESIDING OFPICER: (SENATOR D'ARCO) The question is, shall Senate Bill 210 pass. Those in favor: vote Aye. Opposed, Nay. The votinq is open. Have all voted who wish? Have a11 voted who wish? Have a11 voted who wish? Have all voted who Wish? Take the record. On that questionz there are 35 Ayes, 10 Nays, l voting Present, and Senate Bill 210, having received the required constitutional majority, is hereby declared passed. Senate Bill 211. Read the bill, Madam Secretary.

Senate Bill 211. (Secretary reads title of bill) 3rd Reading of the bill.

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

Mr. President and Ladies and Gentlemen of the Senate. This again. This bill requires that -- this bill requires - everybody's making me so nervous here - the two-thirds vote of the entire county board before to authorize condemnation of land in l22  STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 an unincorporated area. And this also says that if the -- if the forest preserve district has -- has sued them and tried to condemn property and the courts come in with the higher offer than the forest preserves have -- Want to give them, then if the property owner wants to go ahead and buy it -- rather, go ahead and sell it, they should to be able to do so. Otherwise, it's too harsh on the poor property owners to be tarqeted in litigation by the forest preserve districts who have a11 the tax money to spend fighting then for a couple of years, and what happens to the property owner? ask for your favorable consideration.

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

Thank you. I'd just like to point out that, as amended, the park districts and the forest preserve districts are now supportive of the bill, and I like the Way that you dve worked with them and put this in good shape.

PRESIDING OFFICER: (SENATOR COLLINS) Further -- further discussion? Senator Keaks.

A quick question. As amended -- let me read -- I just have to catch what Senator Holmberg said, fcause it just -- the park districts are now in favor of changing a fifty percent -- or the forest preserve district to a -- to a sixty-seven -- or sixty-six and two-thirds percent?

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

Let me merely say that this does affect my area too, as some people forget I do extend into Lake County and my area has been fairly supportive of the concept that we need to maintain some open space in our areas. We have sort of an overdevelopment 123  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 problem. The legal fees part is wonderful. I've always said whenever the government sues someone, you ought to be able to get your money back. But adding an amendment that noW says a two-thirds vote to do this sort of stuff, you reach a point of sayingg f'Guys, we don't ask ourselves to do it. We don't ask people to do it in other areas. Is it reasonable to constantly require super majorities?' And I don't think it is. Who are we, who are totally unaware of what the problems are in that local area, to now say it takes two-thirds of the vote, when the elected populace -- or the populace elected their officials and Ehey can make that decision for themselves. I think we're simply going too far, and I don't -- I don lt believe it's reasonable to require super majorities.

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

Members of the Senate, would echo Senator Holmberg's comments. The forest preserve districts bave agreed With this. Frankly, this type of condemnation for, in many cases, recreational land use, should required a two-thirds vote. There's no doubt about Frankly, I and Representative Churchill uphold our sections of Lake County. There 's overwhelming support for this. The county board agrees With it. The only person in the whole world who doesn't agree With it, apparently, is Senator whatls-his-name here.

PRESIDING OFFICER: (SENATOR COLLINS) Further -- Senator Holmberqz for a second time. Senator Geo-Karis, to close.

I ask for a favorable vote, because the answer should be negotiation rather than condemning people's property right off the bat. Thank you. l24  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 2ll pass. Those in favor will vote Aye. Opposedz Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the recordz Madam Secretary. On that question, there are 51 Ayesz 4 Nays, l voting Present. Having received the constitutional majority, Senate Bill 2l1 is declared passed. Senate Bi11 212. Senator Geo-Karis: for what purpose do you...

Having voted on the prevailing side, move to reconsider the vote.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Geo-Karis moves to reconsider the vote by which 211 Will pass. Senator Schaffer moves to Table the vote. A1l in favor, indicate by saying Aye. The Ayes the Motion to Table prevails. Senate Bill 212. Senator Netsch. Read the bill, Madam Secretary.

Senate Bill 212. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senakor Netsch.

Thank you, Madam Chairman. Senate Bill 2l2 deals with certificates of participation. Last Session we authorized the Department of Central Manaqement Services to issue them, Without effectively any oversight on the part of the General Assembly. I concur that that CMS ought to have the authority to issue certificates of participation. They dve become a very popular form of -- of funding long-term projects around the country. My concern is twofold. One, that they be subject to the same or l25  t I STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 similar standards as the issuance of general obligation bonds, because they are, in fact, debt, however much CMS may deny the fact. The rating services, and hundreds of others around the country, recognize them as creating long-term obligations, which, indeed, is debt. So what the bill does, simply, is to -- so -- so define them in the basic Statute which requires State debt impact notes, and it also includes a cap, which is -- I think exactly what they are asking to be allowed to do right at the moment a hundred million dollars - and then requires some of the oversight and bidding provisions, which are applied with respect to long-term bonds. Be happy to answer questions.

PRESIDING OPPICER: (SENKTOR COLLINS) Discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Firstz on a point of personal privilege. Fifty-nine years aqo, on the shores of Tripoli, along the rushes and the contaminated water, was found a child and kas delivered to the shores of the United States, to become one of the real national heroes. And I Would like to, at this time, congratulate our Minority Leader on his fifty-ninth birthday, and -- and I have to tell you, Pate, I'm really surprised you survived that long.

PRESIDING OFFICER: (SENATOR COLLINS) Senator DeAngelis. Senator Philip.

I want to khank you very much, and I wan: you Eo know I'm going to be fifty-nine forever. So next year, on May 26th, I will be fifty-nine again. And for a11 of my Cub fans, I want you to a1l know that the Cubs are in first place.

PRESIDING OFFICER: (SENATOR COLLINS) Senator DeAngelis. SESATOR DeANGELIS: l26  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 I also Would like to get to the bill. Senator Netsch, the only way I can respond to your explanation of whaE this bill does, is les contraire. Now you referred to this...

PRESIDING OFFICER: (SENATOR COLLINS) Is that a questlon? Senator Netsch. She has her light on. Senator DeAngelis. SENATOR DeANGELIS: ... Madam President. No, I have a couple of questions. Eirst of ally is the full faith and credit of the State behind these instruments?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Netsch. SENATOR NETSCH) Not in *he same sense as general obligation bonds. At least, I haven't actually Been an instrument, but I assume that that is not the case. Let me explain the answer by saying that it is not only qeneral obligation bonds, which are full-faith and crediE bonds that constitute long-term obligations, and therefore debt of the State of Illinois.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dehngelis. SENATOR DeANGELISJ Well, there's an old expression that says assumption is the mother of all screw- ups. The answer is no. The full faith and credit is not behind these instruments. And T think therein lies the objection - first objection - because you are tryinq to Ereat these in the same manner you would treat those items that are -- that have the full faith and credit. Number two, there is oversight on this already. Number three, it's subject to the appropriation process. And number fourz you absolutely destroy the real value of these these COPS: because by tying the hands of the people that are negotiating, you actually destroy the l27  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 savings that are incurred by trying to issue these -- dealing with these types of transactions -- that these instruments are issued for.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? Senator Netsch, to close.

A couple of quick responses. One is, that kn the amendment to the State Debt Impacted Note Act - Which is the place Where We define them as debt - you Will find that there are otber forms of non full-faith and credit obligation that are listed asr indeed, long-term debt. Ik is not dependent solely on full faith and credit, and that has been true both constitutionally and otherwise. Secondly, there is nothing in this which in any way restricts the Department from proceeding to use certificates of participation. There really are only tWo thinqs. 0ne is that ehe General Assembly musk be kept informed, so that we can have some oversight, and indeed we do not allow general obligation bonds to be issued without prior authority of the Illinois General Assembly. That's a11 I am saying here. Tbat there should be both oversight and at least some recognition, before these arrangements are entered into. And they ought to be subject to the same competitive bidding provisions, or the same exception to competitive bidding, that general obligation bonds are already subjected to. They are debt. Talk to any credit-rating service. Talk to the people Who are issuing these things all over the counkry. Tbeybre nok *he same khing as full-falEh and credlt debt, bue khey are debt. And the -- the Executive Branch ought not to be allowed to proceed with committing us, long-rangew to huge sums of money, without some oversight. That's all the bill does. PRESIDING OFFICER) (SENATOR COLLINS) The question is, shall Senate Bill 212 pass. Those in favor wk1I vote Aye. Opposed. vote Nay. The voting ks open. Have a11 128  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 voted who wish? Have a1l voted Who kish? Have al1 voted who Wish? Take the record: Mr. Secretary. On that question, there are 16 Ayes, 34 Nays, none voting Present. Having failed to receive the required constitutional majority, Senate Bill 2l2 is declared lost. Senate Bill 213. Senator Netsch. Senator Netsch, are you going to move? Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. VAKRY) Senate Bill 213. (Secretary reads title of bil1) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR COLLINS) Senator Netsch .

Thank your Madam President. Senate Bill 213 deals with the so-called private activity bonds. And it does basically tWo things. It substitutes for ehe Chief Executlve alone, a Private Activity Bond Council, khich becomes more important, I think, as we begin to reach a point Where the so-called cap on the issuance of private activity bonds is going to pànch. And we think we are fast reaching that point. As the bill -- as the 1aW now exists, the Governor has sole discretion to control al1 of that, and What we are saying - and I think khis is what the Legislature had said at earlier stages - is that there ought to be some legislative involvement in that process as well. So it substitutes a private activity bond allocation eouncil. The second part of the billg which was added by amendment , is basically' Senator Topinka 's senate Bill 899# as well . It deals with the unused allocation of home rule units, and simply sets up a time schedule and a procedure by which the unused allocation for home rule units can be transferred back into the Stat.e. This again is going to become probably pretty important, because the State's share, the way the federal 1aw acts, is somewhat restricted, and for those of you who l29  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 are knterested kn IDFA and IPDA and IDA and other major State agencies, I think We are really going to be hurting for private activity bond authorization in the future, unless we find a way to use the unused cap. That's a1l the bill does.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Senator Karpiel.

Well, thank you, Madam President. I just rise in opposition to this bill. I think the amendment on it nakes a 1ot of sense, but the bill itself, settkng up this council to be calling meetings when there are bond lettinqs to be done, and taking away this power from the Executive Branch -- I think it's the wrong way to go. It's just another raid on the Governor's Office.

PRESIDING OFFICER: (SENATOR COLLINS) Further dtscussion? Senator Netsch may close.

Well, I don't think of it as a raid on the Governor's Office, Senator Karpiel. It is the Legislature saying that We Want to have some participation in this. And the council does not get involved in the lettings. Al1 the council is involved with, reallyy is in helping to determine Who is going to have access to private activity bond cap, as that gets tighter and tighter, and I suspect that most of the legislators would like for the Legislature to have some participation in that decision, and not leave it solely and exclusively to the Governor. That is the only reason for the council.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall shall Senate Bill 2l3 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record, Mr. Secretary. On that.question, there are 28 Ayes, 28 Nays, none votkng Present. Havin: failed to l30  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 37th Legkslatkve Day May 26, 1989 receive the required constitutional majority, Senate Bill 2l3 is declared lost. Senate Bill 234. Senator Mahar. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HAPRX) Senate Bill 234. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Kahar. SENATOR MANANI Thank you, Madam President. According to the Division of Traffic Safety at IDOT, forty-five percent of al1 motor vehicle accidents are alcohol-related. And thirty-five percent involve a fatality. Last year thirty-five percent of these aceidents were during the hours of four to eight, and the most prevalent days of the ueek Were Wednesday and Pziday - an obvious correlatkon to what has become known as 'îHappy Hour'' promotions. This legislation will require basically one thing - that liquor licensees in the State of Illinois establish a price for their producte With certain exceptlons stated in this bill, and then sell at that price. This bill is patterned after those of which thirteen other states have adopted, and tt also includes each of the reeommendations offered by the 1984 DUI Task Force. The amendment that we placed on the bill in 2nd Reading removes the oppositlon of the beer industry or the breweries. This never had any opposktkon from the buginess lobby, IRMA, State Chamber: NFIB. As you might expect, itls strongly supported by the Illinois Restaurant Association, the Illinois Associa*ion or the Illinois Alcohol and Drug Dependence Association: the Alliance Against Intoxicated Moeorists, MADD: Students Against Drunk Driving, TASK, InTouch, and the like.

PRESIDING OFFICER: (SENATOR COLLTNS) 13l  STATE OF ILLINOIS 86kh CENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 Eurther discussion? Senator Leehowicz.

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

PRESIDING OEFICER: (SENATOR COLLINS) He indicates he Will yield.

In your bill, Whatfs the definition of a drink?

PRESIDING OPFICER: (SENATOR COLLINS) Senator Mahar.

- - the drink would be defined as it already is under the Liquor Control Act of 1934.

PRESIDING OPFICER: (SENATOR POLLINS) Further discussion? Senator Lechowicz.

Which is What? What is the definition of a drink?

PRESIDING OPFICER: (SENATOR COLLINS) Senator Mahar.

I don't have that in front of me right now: Senator.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Lechowicz.

Well, Madam President, the reason Why I raise the question as far as the definition of a drink - as amended, it would say no retail licensee may serve nore than one drink in -- to one person at a time, which is fine, and but I'd like -- in my neighborhood, where wefre working-class people, many people may like to order a shot and a beer. Now is that out of order under this bill?

PRESIDING OPFICER: (GENATOR COLLINS) l32  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 Further discussion?

Wait. I asked a question. I want an answer.

PRESIDING OEFICER: (SENATOR COLLINS) Senator Mahar. Senator Mahar.

That was not my intent, Senator.

PRESIDING OFPICER: (SENATOR COLLINS) Senator Lechowicz.

Maybe not your intent, that's why we requested a definition of a drink. But unfortunately, as the bill is presented before us, that would probably be out -- a person who asks for a shot and a beer and was served a shot and a beer in an establishment, he'd be in violation of this law. And I don't believe any one of us want to see anybody intoxicatede or on the verge of intoxicationy at the wheel or depriving any safety to any other individual in this State. But when you fre coming down here and saying that this amendment takes care of the supposedly beer concerns, the only thing the amendment did -- said they were able to serve a pitcher of beer. I think that the responsibility lies with the owner of the business establishment and its patrons. And I would imagine that if a person wants a shot and a beer, they should be entitled to have it. And if you have more than a -- than your entitled amount, another person should assume the responsibility of making sure you 9et home. And you should be cut off. That's not contained in your bill. Youdre just saying eliminate a1l happy hours, but in my neighborhood, we 're not concerned about happy hours. We 're more concerned about having the ability to sit down at in a friendly establishment and order a drink and enjoy it With some friends and neighbors. And that's -- I think this bill goes nuch too far. eliminates a lot of hospitality between 133  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37*h Legislative Day May 26, 1989 people, and I'm gonna vote No.

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

Thank youz Madam Chairman. I guess -- I have a little problem. I told Senator Mahar that I would vote wikh him on this yesterday, and I still may, because I just need some verification on this myself. We have a feeltng -- or T have a feeling that whenever we look at the lanquage, that this could ban even Super Bowl parties and things like that. Is that your ineention, Senator?

PRESIDING OFEICER: (SENATOR COLLINS) Senator Mahar.

No, Senator. It Will not ban Super Bowl parties. One of the exceptions in the bill would be for those type of functions such as weddings, banquets, and the like. Those type of things are exempt, where everything is in a package deal.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Jacobs.

Okay. But, could you -- could you, when you had it, say, ''We're gonna have a Super Bowl Party#'' and where you normally charge a dollar for a pitcher, say ''Welre gonna, because of the -- the vastness of the party, welre gonna have Cifty-cent pitchersb'? And I know those prices are out of line.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar.

Pitchers are exempt under this bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs. 134  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989

Just one further question, then. Whenever you say, ''may serve more than one drink to one persony'' are we talking about - if I have a half a beer in front of me, can you serve me another one? And if so, how do We regulate that? I -- I like whak youfre trying to do, and you knoW I do, îcause I told you that, and just think that there's -- if we could take it out of the record and come back to it somewhere along the line, I think we could work it out. don't know. And I just don't what to go back on my Word to you, and that's my reason for --

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar.

Is that a question?

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

Thank you, Madam President and Members of the Senate. I don 't know whether or not every single ''T'' has been crossed, and every ''1'' dotted. I do know what the Gentleman is trying to accomplish. And I think that in most parts of this State you do have - especially perhaps in your more populated centers large bars, which, especially on weekends, Friday nightsy offer drinks two-for-one. He's already stated that's what he is trying to 9et at. It encourages a lot of overindulgence. Itls real simple. You can go eo your local law enforcement authorltles; they can demonstrate to you where they can pick up the most people who have overindulged, and where the most accidents occur. Itls in these areas Where you have these large groups of people encouraged to overindulge by virtue of two-for-one, happy hour, Whatever you want to call it. That's What Wedre trying to eliminate is that word ''Happy Houry'' get away from Eha: concept. I ehink œikh ehis 135  STATE OP TLLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 bill you do that. If there is Eome cleanup that needs to be done in the House: letfs do it. But let's get the concept out of here and on its way, so we can remind people that they simply can't be overindulqing Without paying heavy, heavy prices for it.

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

Thank you, Madam Chairnan. Would the speaker -- would the sponsor yielde please?

PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yield.

Do I understand correctly that if I am at a bar, and the waitress is busy, and I walk up to the actual bar, and ask the bartender for a round of drinks, namely three drinks, that he is prohibited from giving me those to take back to the table for the three people sitting there?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar. SENATOR MARhRk No. No. No. The purpose of this bill is to eliminate free aleohol to be dispensed during these things we call happy hour promotions, two-for-ones, and the like. If you're purchasing three beers for three individuals, you certainly can do that. He can't -- you can't purchase one beer and get two for the price of one. or doubles.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dunn.

understand your purpose, and I -- and I tend to aqree with your purpose, but I quess my question is, you know, if itfs a great bi: establishment, does the bartender have to look over at l36  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 37th Legkslatkve Day May 26, 1989 the table and count the three people kn order to give me the three drinks? And, I mean, is that literally what the bill says? No. No?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar.

No. If he -- you know, you can purchase -- you can purchase three beers. If you wish to purchase three beers, you can. What we're trying to get at is the promotions of distributing beers -- yeah -- he can't give you six beers for the price of three.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dunn.

Wellr can't a person get just as intoxicated on one pitcher of beer as -- if he drinks it himself, as opposed to, you knoW, getting two-for-one rum and cokes?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar. He indicates he doesn't know. Purther discussion? Further discussion? Senator Mahar, to close. SENKTOR MAHARZ Well, thank you, Mr. President and Members. Let me just briefly state Ehis. What we have done in the State of Illinois since 1984 is -- What *e eertainly haven't done is provide a tolerance where you canlt drink. In facts you can actually drink and then get into your car and drive home. What We have suggested by al1 the legislakion in the past four or five years, includinq what's this year, including this bill, is we've -- We've asked to exercise moderation. The idea of happy hours flies in the face of moderation. It's just as simple as that. When you have situations where you have ik Wednesday night, or men's or ladies' nkghts, and they can come kn and drink for free for fkve hours, well, that's certainly not exercising moderation. And the l37  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 vast majority of those people Will be getting in their cars, their vehicles, and driving home. And the same applies for two-for-one. Somebody goes into Senator Lechowicz's district and buys a beer or a martini, and they put two down in front of them, they'll drink And if anybody wants to buy another martini, they put two more down in front of them. This is not exercising moderation. They have a1l over this State these things called ''endless cupsy'' where you go iny you buy the eup: and you can drink beer for the rest of the night for free. That is exactly what We're trying to get at, and I think that this bill does a qood job kn that reqard, and I would ask for an Aye vote.

PRESIDING OPFICER: (SENATOR COLLINS) The question is, shall Senate Bill 234 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who wish? Have al1 voted wbo Wish? Have all voted Who wish? Take the record, Mr. Secretary. On that question, there are 37 Ayes, 14 Nays. 4 voting Present. Having received the required constitutional majority, Senate Bill 234 is declared passed. Senate Bill 238. Senator Barkhausen. Read the billz Mr. Secretary.

ACTING SECRETARY: (MR. NANRV) Senate Bill 238. (Secretary reads title of bkll) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) senator Barkhausen .

Mr. President and Members, Senate Bill 238 is sponsored by Senator Luft and 1. It permits bank holding companies to organize under the Business Corporation Act to use the word 'lbank'' in their holding company title, with the permisston of the Commissioner of Banks and Trusts. It also deals With the question of civîl l38  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 immunity for directors of not-for-profit corporations, and extends the imnunity that Welve previously provided to not-for-profits that are organized other than under the Illinois Not-For-profit Corporation Act. I ask for your support.

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? The question is, shall Senate Bill 238 pass. Th/se in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted who Wish? Have a11 voted wha wksh? Take the record, Mr. Secretary. On that question, there are 54 Ayes, 2 Nays, none voting Present. Having received the required constitutional majority, Senate Bill 238 is declared passed . Senate Bill 239. Senator Barkhausen. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. NAQRY) Senate Bill 239. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR COLLINS) Senator Barkhausen.

Madam President and Members. Senate Bill 239 is a bill that we dve passed out of here unanimously before, dealin: with refinements to the Uniform Pederal Lien Registration Act, and also containing a provision that is a compromise between the Department of Revenue and the title insurance industry, relating to escrow accounts to satisfy tax bills owed the State. again seek your support.

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not, the question is, shall Senate Bill 239 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted Who Wish? Have a11 voted Who wish? Have a11 voted who wish? Take the record, Mr. Secretary. l39  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 On that question, there are 55 Ayes, no Nays: none voting Present. Having received the required constitutional majority, Senate Bill 239 is declared passed. Senate Bill 240. Senator Watson. Senator Watson. Read the bill: Mr. Secretary .

ACTING SECRETARY: (MR. HAKKY) Senate Bill 240. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Watson.

Thank you, Mr. President. Madam President, beg your pardon. Senate Bill 240 simply expands the number of enterprises zones that can be awarded by the Department of Commerce and Community Affairs. Right now they are at their limit. Thereforez no more enterprise zones, unless we pass legislation such as this. Al1 this does is increase that number by seven. And I spoke on this and when we passed it out of committee on a discharge motion, but maybe some of you have forqotten, and I will reiterate my remarks. The concept of an enterprise zone has been a very positive thing for a lot of communities throughout this State. It's a tremendous economic development to for a community to order -- to bring in jobs and industry into thekr respectkve towns. All we're asking to do is increase the number of enterprise zones in the State by seven. It's not a major factor for the Department of Commerce and Community Affairs to deal with. And it simply says that the Department can qrant those enterprise zones through a competitive process, and as I say, it's been a positive thing for my communities, and I think throughout this State, and I think it should be passed.

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not, the question is: shall Senate Bill l40  I STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 240 pass. Those in favor will vote Aye. Opposed, vote Nay. 1he poting is open. Have all voted who wish? Have all voted who wish? Have a1l voted who Wish? Take the record: Mr. Secretary. On that question: there are 55 Ayesz l voting Nay . None voting Present. Having received the constitutional majority, Senate Bill 240, is declared passed. Senate Bill 248. Senator Zito. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. BARRYI Senate Bill 248. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Zito. SENATOR ZIT0: Thank you, Madam President and Members. Senate Bill 248 applies only to the counties served by the Northeastern Illinois Planning Commission. It requires the Department of Transportation to set speed or flow limits for stormwater flow Where a waterway crosses a county line. These counties, which, under existin: law, are authorized to develop stormwater management plans, will be required to develop such plans in a manner Which Will assure that stormwater flow will not exceed the speed limits. Department of Transportation or any other unit of local government will be prohibited from issuing construction permits where construction will resort.o.resulk, I'm sorry, in stormwater flow in excess of speed limits. I've introduced this billz and have been joined by Senator Rock and, I believe, Senator Topinka and others: to combat Ehe problem we have: especially in suburban Cook County, with stormwater flow when rains and other natural elements have caused severe floodinq in that area. The rivers, because of the excess rain, are already overflowed; many, many residents in my district and Senator Topinka's district and others have experienced 14l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 serious, serious damage and hardship because of the floods. This is an attempt to creatively control waterflow, so that, at peak periods of saturationy we don't have exorbitant amounts of water coming from the north, in an effort to curb that. I would ask your support of Senate Bill 248, and Would be happy to answer any questions. END OP TAPE TAPE 4

PRESIDING OFFICER: (SENATOR COLLINS) discugsion? Senator Philip. ...

Thank you, Mr. President, Ladies and...thank you, Madam President and Ladies and Gentlemen of the Senate. Nobody 's had more flooding than my legislative district: absolutely nobody. But, 1'11 tell you one thing, this bill certainly ought to make everybody a little nervous, and I have a question of the Chaîr, or ask for a ruling of the Chair. I...I'm assuming, when you tinker around with the speed of water and if your creating more damage, you have to have a special permit, or youdre denied a permitz that's qoin: Eo affect home rule units. Any municipality over twenty-five thousand. And I'm wonderin: if this would require a three-fifths vote, Madam President?

PRESIDING OFPICER: (SENATOR COLLINS) Senator Philkp. is a ruling of the Chair that the bill does not require a three-fifths vote. It requires a simple majority. It ls not preempted. Senator Philip.

I've 9ot a copy of the billz and I would refer the Chair to l42  1 1 I ' STATE OP ILLINOIS I 86th GENERAL ASSEMBLX i REGULAR SESSION 1 SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 page 2, line 20: 21 and 22. ffThis paragraph is a denial of limitation of home rule powers under Section H of Section 6 of Article VII of the Illinois Constitution.'' Specifically says it in Writing. I mean it's his bill.o.that's specifically what it says. PRESIDING OFFICER: (SENATOR COLLINS) Whats.mwhat the bill is saying, Senator Philip, it is providin: for the exclusive flow units, rules...and itds.w.and itls an exclusive exercise of regulatory powers of the StaEe. And it is specifieally exempted under the Constitution, under the three-fifths r/quirements. Senator Philip. SENATOR PHILIP: Thank you, Madam President. ïou say this...this does not affect home rule communities over tkenty-five thousand, is what youlre saying? It doesn't take three-fifths? Well, somebody better reread that. It couldnlt be any clearer, and I read from the bill, his bill, completely. And I have another question of the sponsor.o.if that's the way youdre going to rule, Madam Presldent: it certainly is a lousy ruling: and obviously somebody doesn't read koo Well. I'd have the ask the sponsor this, is the City of Chicago excluded from this? PRESIDING OPFICER: (SENATOR COLLINS) Senator Zito. SENATOR ZITO: Cook County is included outside the City of Chicago. The counties that are affected are Dupage, Kane, Lakey McHenry and Will. PRESIDING OPFICER: (SENATOR COLLINS) Senator Philip . SENATOR PHILIP: I guess since I've got the wrong ruling out of the Chair, 1111 just speak against the b111. And I think people on that side of y4a , 1 I I I !  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 the aisle ought to have a good look at it, beeause when you start tinkering with the speed of water, who's going to determine what the speed is...I don 't carer any buildinq you put up at any place is going to affect drainage, and I don't care what the expert tells you. That does happen. We ought to look at this very closely. If anybody had floodinq, it was Dupage County and wefre very sensitive to that area. If I thought this Was going to help stop people or slow people down from building in flood plains or flood ways, I'd be leading the charge, Senator. But I1m certainly not convinced; I haven't had anybody call me in favor of this bill to date. And I'd certainly would hope we'd do the right thing, and it ought to go down the drain.

PRESIDING OPFICER: (SENATOR COLLINS) Eurther discussion? Senator Karpiel.

Well, thank you, Madam President. I also rise in opposition ko this bill. First of all, the Department of Transportation, which is charged With the...the mandate to come up With this speed limit, or as the amendment changed it to flow limit. w . really doesn't see hoW this can be enforced or they can be gauging the speed limit or the flow limit of the water at a county line. I don 't quite understand how this is to be done, anyway. But I do have a question. If theyz in factz would, at that county line point, find out that the flow limit is above whatever the speed limit is that they set, then what happens, Senator Zito?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Zito. SENATOR ZIT0: Well, Senator Karpiel, 1et me answer your question a little more generally. Enforcement of the flow limit can be accomplished, I believe, through the permit-issuing process of the county and the municipality, jointly. Let me give you an l44  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26: 1989 example. The Metropolitan Water Reclamation District enacted an ordinance about twenty years ago, which required on-site detention for any development of five acres or more; ten or more acres for a single-fanily residential unit. Although the ordinance originally met with some resistance by developers, it had Worked very well. The detention facilities are noW routinely integrated in khe landscape for small lakes, ponds, streams and other forms of recreational facilities. So I think the quality and the value of developments have been enhanced as a result of the ordinance. But, the ordinance, again, would be geared WLth the municipalities in the county.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Karpiel.

Yes. Thank youz Madam President. We11...I'm sorry if...I'm not following this. But...if this is for the five collar counties and suburban Cook, I understand, this means that the Department of Transportation at al1 the county lines have to bez you know , monitoring the speed limit, just where there is a flood plain or a flood shed area...or where? Did 1 miss that? I'm sorry.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Zito. .

Let me read you the language. HAny unit of loeal government will be empowered to consider these flow limits when issuing neW development permi*so'' Thereforee any county or local unit of government that feels that these...that is going to issue these permits, would consider these flow limits.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Karpiel.

Well, does DOT establish the flow limits? l45  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 PRESIDING OFFICER; (SENATOR COLLINS) Senator Zito. Senator Zito, do you have an answer?

I'm searching, Madam President. I'm sorry, I donft. Maybe somebody else does. I dondto..l don't know who sets the...currently. Currently?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Karpiel. Senator Zito.

Senator Karpiel, the Department shall establish the speed limits or flow limits, yes. I Was looking for it in the bill. Itls on page..efirst page, page 1, lines 19 through 20...

PRESIDING OFFICER: (SENATOR COLLINS) Senator Karpiel.

Well, Madam President, I don't have a copy of the bill, but in our analysis it says the Department shall set these limits. They are opposed to having to set these limits, for various reasons. First of all, they don't think it's a good idea, they don 't think itls Workable, and it will take quite a bit of resources and addikional personnel, khey feel, ko...to do thls. But, for them to do this, they would have to be out at a county line when there is a huge rain. I mean, how do they knowo..how to...I mean, maybe there 's technology to do it, but I don 't see how...how they do this. Another question I have, is, it says Cook County set a storm water management programy as we were supposed Eo doF and then have all these countîes work in conjunction with each other. I believe we were supposed to do that by a recent bill that was passed.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Zito.

146  STATZ 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Yes, Senator Karpiel. Two responses. Number one, to the Department's opposition, I frankly don't understand why the Department is opposed to the bill. DOT's responsibilities, under the bill, are extremely minimal. They are already required under existing law, Chapter 19, Section 70, to maintain stream gauge stations to determine the carrying capacity of a1l rivers and streams. This bill, Senate Bill 248, merely requests them to take these measures at the county line, and they admit they could easily do this. Vour second question was to the Cook County's establishmenk ofwp.whatever, I don 't remember what you said exactly, but I donît believe that Cook County has entered into that asreement.

PRESIDING OFPICER: (SENATOR COLLINS) Further discussion? Senator Karpiel.

Well, just one final comment. I still think that this is unmanageable. The Department is opposed to setting these...these limits. They feel that using engineerin: criteria of this nature and permittingo..in a permitting program is not enforceable. They feel that stormwater management should be controlled at a development sitey not at some far distance downstream, and I also question the ruling of the Chair ono..on the denying home rule.

PRESIDING OFPICER: (SENATOR COLLINS) Further discussion? Senator Topinka.

Yes. Madam President and Ladies and Gentlemen of the Senateg I also stand in support of this bill, because, on the one hand, I would like to answer Senator Earpiel's question, because I find to be a problem. The answer is, having sat on the Flood Manaqement Task Force Committee, noz Cook County has not been a part of the floodwater management program as we sought to have them do# and I think that is a failing, and I have consistently l47  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 said that. In fact, we have attempted to bring everybody toqether, and they have walked. So, on that level, think that answers your question. To the bill. r think it is a creative way of trying to bring the counties together. I represent both suburban Cook, as well as Dupage. Needless to say, Would not want to support anythin: that would harm either one. In talking to people on both sides of the county line, in official posltions, they don't seem to have a problem with this. I've heard everything from innocuous on up. think, short of havin: an independent engineer kind of break the tide between a11 of the people who are involved here, that may be the only answer. But, short of that, and seeing no deleterious...gain from this bill, and seeking somehow to try and alleviate the flooding that goes on in this area, this is probably one of the most interesting ways I've found to try and address this issuep and I would seek your Aye vote.

PRESIDINC OFFICER: (SENATOR COLLINS) Further discussion? Senator Etheredge.

Thank you, Madam President, Ladies and Gentlemen of the Senate. I represent a district that has also experienced severe flooding over the last several years, and we are desperately trying to find ways to deal with the problems. One of the ways that we found is the legislation that was passed kn the 85th General Assembly, that was referred to earliery Ehat requires the collar counties to work and plan togethers the municipalities, townships, other governmental bodies within each of khese countkes, to work together, to plan together, to develop Ways of alleviating these problems. I think Ehat is a viable process, and I strongly support it, and I would suggest that suburban Cook ought to involve itself in this same process. They were not so mandated by that legislatkon, but I tbink that they ought to be l48  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 învolved. ràse reluctantly in opposition to this particular legislation, because I think it is technically flawed. I do not believe that the idea of measuring these flow limkts at khe county lines, is one that is goinq to be serviceable or manageable. Ehink Ehak what we need to do is to deal With these problems on a drainaqe-basin-by-drainage-basin basis. I would suggest this is not the way to do it, and I would recommend a No vote.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Geo-Raris.

Mr. Preskdent, Ladkes anG Gentlemen of the Senate. hs it was skated earlier, Cook County never did join the collar counties in preparing and implementing a stormwater management plan. Now stormwater management should be controlled at the development site, not some far distance downstream . Now what the Department of Transportation did was advocated cooperative regionwide stormwater management planning, not stormwater speed limits at county lines. I submit that this bill Would have unconstitutional ramifications. HoW in the dickens are you going to prove Which is which? Speed limit, for example, is defined as a capacity of a hundred-year floodway, expressed in cubic feet per second at the point where the flow crosses county lines. Now, when it crosses county linesz What are you doing? Xou're interfering Wàth the various counties. I think this is a wrong bill. It has a good purpose perhaps, but I think it should be taken out of the record and reworked and bring us back something we can a1l support. can tell you right now, that this is a bill which is attempting to build a wall around Cook County at the expense of the five collar counties, and I submkt it's not fair. I speak against it, both as a mayor and as a Senator.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Zito, to close. l49  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 SENATOR 2ITO: Well, briefly, Madam President. Ladies and Gentleman and Senator Geo-Karis, nobody 'soo.nobody's intent with Senate Bill 248 is to build a wall around Cook County. We are asking for an extension of what the Illinois Department of Transportaeion is already doing. And that is, to gauqe water flow in those crucial times of saturation. We experienee floodin: like Senator Philip experiences flooding, and Senator, I understand that Du Page County got hit pretty hard in the last floods: but take a ride to my district in Schiller Park, or River Grove, Riverside in Senator Topinka's district, and others. We got hit hard as well. I'm asking that...for your support, so We can control the water flow and help allevkate the flooding situation in all counties. Please give me a Yes vote.

PRESIDING OPFICER: (SENATOR COLLINS) The question is, shall Senate bill 248 pass. Those in favor will vote Aye, opposed, Nay. The voting is open. Have a11 voted who wish? Have a11 voted who Wish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there are 45 Ayes, 23 Nays, none voting Present. Having received the constitutional majority, Senate Bill 248 is declared passed. Senate Bill 252. Senator Rea. Read the bill, Mr. Seeretary.

ACTING SECRETARY: (MR. HAPRY) Senate Bill 252. (Seeretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Rea.

Thank you, Madam President and Members of the Senate. Senate Bill 252 provides for distribution of sales tax transfers deposiked in the Motor Fuel Tax Fund. In 1983, the State raised 150  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 the motor fuel tax and vehicle registration fees and established a motor fuel tax distribution formula for new revenueo, which had a seventy-percent State and thirty-percent loeal distribution. NoW this differed from the approximately sixty-forty-percent distribution -- for the old revenues. A change was made in the drafting of that formula and included in a portion of o1d sales tax transfers and a seventy-thirty distribution. So this proposal is intended to change that back in establishinq a separate distribution formula. And many of the local governments are hurting desperately as far as monies for local roads. This would not take very much money from the -- from the State funds and would put it back the way it should be, so that tbose communitiesz those areas, those townships, those counties will be able to do some work that they have not been able to and maintain the roads.

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

Well, Madam President, here we have a bill that, again, Weîre playin: Santa Claus from the State level. This time it's with our moeor fuel money. Realize khat right nowe the State of Illinois gets seventy percent of this two-and-a-half-percent sales tax; that under the allocatkon that's bekng proposed herer we're going to do a flip on that and give the locals eighty percent of that money. Now this is a very significant hit upon our road monies. In facty it's estimated to be in the range of about thirty-five to forty million dollars per year. So over the life of our next five-year road program, just knock out a hundred and seventy-five to tWo hundred million dollars that we Will not have to spend on our State roads. Now, I suppose if We want to be really honest about thisy what we ought to do is pass around a signup sheet and let everybody volunteer What State roads they Want to sacrifice: so we can send more of this money out of our Springfield coffers. l51  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Frankly, I think the signup could be conducted on the back of a postage stamp. But let's realize that this is a significant bill that's gokng to do a 1ot of damage to our Road Fund -- to our road program, and you know -- later on, if we pass a gas tax increase. maybe this could be considered, but let's not kid ourselves, that's far from home. They tried it yesterday over in the House and I think got like six or seven votes. So letês not count our chickens before they're hatched -- or as of right now, this is not a -- a good concept. PRESIDING OFPICER: (SENATOR COLLINSJ Senator Watson.

Thank you. Just echo my friend's comments. I agree With him conpletely. What We're doing is just shifting a hundred and seventy-five million dollars out of the road program over the next four years from the Department of Transportation to units of local governmenk, and I think most of us will understand and appreciate the plight of units of local government. I come from the township level, and I know that the rural roads in our areas need more money, need -- they need help, but this isn't the direction in Which to take. We're just taking from one and giving it to another. There is help possibly coming with a motor fuel tax increase, and if -- if that's the case, then maybe we can address the local roads issue at that time, but for us to do that now, I think would be a mtstake. I urge a No vote.

PREEIDING OFFICER: (SENATOR COLLINS) Senator Schuneman.

Thank you, Kadam President. Well, just to follow up on some of the points that were just made. For downstate rural district legislators to support thisp you knoww on the one hand we want money for our local units of government and we all understand that 152  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 and if there is a'neW source of revenue Wedre a11 gokng to support it. But it's my understanding that most of those rural, country State highways that we Want to have repaired, that most of thak money comes out of the other category, I think they call it in DOTS I'm not sure what the terminology isF buk it seems to me that some of those State highways that -- that are on the lowest priority for the State, may be the first to get cut if we take this money out. And for rural diserict legislators to be supportinq this, I -- I think we ought to bear that in mind.

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

Thank you, Madam President. I might just point out to you that first of all, that there is a surplus of probably about four hundred and eighty million dollars, and this was as of mid-May. We're talking about peanuts here. Thirteen million dollars. This is a very small amount. And over the last forty months, there's been the biggest surplus that there has been each month; it keeps increasing. And I might point out to you as to what this would mean to local government. For instance: Senator Watson, in your home County of Bond, it Would mean close to a hundred million dollars. I mean a hundred thousand dollars. Also, I Right point out to Senator Rigneyz that in Jo Daviess, approximately a hundred and thirty-two thousand. And also: to Senator Schuneman, two hundred and fifty-two thousand. This means much to local government. I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 252 pass. Those in favor will vote Aye. Opposedr vote Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam -- Mr. Seeretary. On that question, there are 30 Ayes, 27 Nays, none voting Present. Senate Bill 252. l53  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 having received the constitutional majority, is declared passed.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Rigney.

That looks pretty close to me. Could we have a verification?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Rigney has has requested a verification of the affirmative vote. Will the Secretary please read those who voted in the affirmative. ACTING SECRETARY: (MR. HARRYI The following voted in the afflrmative: Alexandere Bermanp Brookins, Carroll, Collins, Daley, D'Arco, del Valle, Demuzio, Thomas Dunn, Hall, Holmberg, Jacobs, Jones: J.J. Joyce, Kelly, Leehowicz, Luft, Marovitz, Netsch, Newhouse, O 'Daniel, Rea, Savickas, Severns, Smithy Vadalabene, Welch, Zito, and Mr. President.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Rigney, do you question the presence of any of those voting in the affirmative?

Yes. Madam Chairman. Marovitz.

PRESIDING OFFICER: (SENATOR COLLINS) Is Senator Marovitz on the Floor? Senator Marovitz is -- is in the back of the Chamber.

Jones is here.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones is in his seat.

Daley?

PRESIDING OFFICER: (SCNATOR COLLINS) Is Senator Daley on the Ploor? Senator Daley is on the Floor. 154  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

No more.

PRESIDING OFFICER: (SENATOR COLLINS) The roll call has been verified. The Ayes are 30, the Nays are -- the Nays are 27, none voting Present. Having received the required constitutional najoritye Senate Bill 252 is declared passed. Senate Bill 253. Senator Raica. Read the bill, Mr. Secretary.

ACTING SECRENARX: (MR. HARRX) Senate Bill 253. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Raica.

Thank you, Madam President and Ladies and Gentlemen of the Senate. With respect to ehe medical examination required to obtain a marriage license, what ehis would do is: it changes the wording of the examining physician's eerkificate: to read ehat he certifies that the kest for syphilis did not indicate khe active presence of syphilis, but rather that he believes that an examinee may enter into the marriaqe Without the danqer of transmitting syphilis to the other party of any issue of the matriage. Knd 1 just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not, the question is, shall Senate Bill 253 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a1l voked who wish? Take the recordz Mr. Secretary . On that question, there are 52 Ayes, 2 Naysy none votin: Present. Having received the constitutional majority: Senate Bill 253 is deelared passed. Senate Bill 255. Senator Rock. Read the billz 155  STATE OF ILLINOIS 86th GENERAL ASSEMBLX RZGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Mr. Secretary.

ACTING SDCRETARY: (MR. PANRY) Senate Bill 255. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Rock.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 255 is an amendment to the Metropolitan Transit Authority Act and the Regional Tranoportation Authority Act. Does two things. sets up an oversight board to be appointed...convened by the Governor and the Mayor, to promote the protection of employees of the Transit Authority and the eonsumers of public transportation, against crime. In addition: more importantly, it earmarksg sets aside, takes off the topw if you will, fifteen percent of the annual public transportation subsidy, which this General Assembly put into place, and earmarks ie specifically for security, anti-crime measures on the Chicago Transit Authority. I am sure everyone is painfully aware, partieularly those of us who represent communities that are serviced by the CTA, particularly the Rapid Transit on both the Lake-Dan Ryang the Congress, Evanston, that the question of seeurity and crime prevention on the CTA is uppermost in the minds of those who reside in those communitiesz because we have had unfortunately some very untoward incidents. Two million people a day use Rapid Transit in the City of Chicago. And it seems to me only appropriate that we make a policy statement and earmark a certain amount of our subsidy, without jeopardizing debt service, without infringing on the fare box ratio that we have put into place, but we earmark a certain amount of that money for the purpose of security on the Rapid Transit, and I would urge an Aye l56  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 vote.

PRESIDING OFFICER: (SENATOR COLLINS) WHBP Television requests permission to photograph. Is leave granted? Leave is granted. Further discussion? Senator Keats.

Thank you, Mr. President: Ladies and Gentlemen of the Senate. I rise in opposition to the bill, and...I am told...I know this RTA opposes it...I am told the CTA is opposed Eo the bill, also. I will allow the sponsor to check on that, but that's What I have in writing, that both the RTA and CTA are opposed, as I'm sure, are the other transit agencies. Let me explain the problem. Taking fifteen percent off the top of the public kransit fundsp.eright now it is distributed by a formula, of which the CTA presently gets 84.6, or call it eighty-five percent of the funds. don't disagree With thaty because based on carriers, the CTA should get the lion's share of the money. But now we again take even more off the top, which will mean it will be over ninety percent of a1l the...of al1 those transit funds that are from State level, will go strictly to the CTA. Enough's enough. Now we have already qiven the CTA a five-million-dollar fare box recovery exclusion fron their ratio for security now. This is now another fifteen to twenty million exclusion.o.linaudiblel..oWhy have a fare box recovery ratio, if every time you turn around you exelude somethinq else? The thing that's most important to remember, as you look at this kind of money, is we have an oversight authority, we have an RTA board. then we have three operations boards. When one of the operational boards? in this case the CTA, has a problem, they should be coming to the RQA and Work it out Within the system. If there's one thin: we said when I was the sponsor of the RTA Reform Act several years ago: Wasr we said to the RTA, the CTA, Pace, Metra.geget out of Springfield. Go home and work it out. l57  STATE OF ILLINOIS 86th GENEPAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 We 1et the CTA have almost total authority on the CTA , Pace, Metra. They 've run their agencies. Don't come to us constantly. NoW here 's an RTA bill. Let then come to the RTA . Lek them deal with the oversight aukhority. And if they want to chanqe those ratios, fine. If they want to chanqe the funding, fine. Why are we now returning to the very process that we battled for how long, to get these guys off our backs? So the bill, in our opinion...number one, takes money from the overall system: mandates unfairlyp breaks down the formula, and creates an oversight board to study security matters. That's why we have RTA and CTA boards. Next thing you know, we will be payin: attorneys fifty grand a year to consult with them, too. Anyway, I would like to leave with that, saying please vote No, unless you want to see al1 these agencies back in here every year with their own agendas: day in and day out, many you're taking the first step down the path that we tried to end a couple of years aqo, when we rewrote the RTA Act.

PRESIDING OFFICER: (SENATOR COLLINS) Before our record on Senator Dudycz, let me just say that if we're going to get out before tomorrow, wedre going to have to keep our remarks short. Senator Dudycz.

Thank you, Madam President. 1...1 tend to agree with Senator Rock. I#d just like some clarification. When youdre talking about security for the CTA, khat type are we talking? Are we talkinq about private securiEy foree, or the Chicago Police Department providing it, or a seeure.o.or a police department being reborn, as you will, as it was in the paste as part of the CTA?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Rock.

l58  I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Senator Dudycz, I couldn't agree more, and it's either or bokh. I attended a rather massive meeting that we held in Oak Park, at the request of some of the village trustees and the citizenry, and we had five or six members of the Chicago Police Department upper echelon there: including the new CTA security chief. The Chicago Police Department estlmates they spend about eight million bucks a year on mass transit security measures. CTA spends at least another eight, and what this will do is take that first seventeen million dollars literally right off khe top, for the purpose, I hope, of either having their own police force, or reimbursing the Chicago policez so that we can get more police protection. I intend to respond to Senator Keats, because, typically, he 's dead wrong. The formula was not set by this General Assembly. The formula is driven by how many people use the...use...how many riders they have. The fact of the matter is# the CTA'S got two million a day. Pace and Metra aren't even close. But the formula is internal. So, because the CTA gets eighty-five percent, well: they should. But there's nothing to say the RTA can't cut îem back to eighty percent, or seventy percent, or sixty percent. As a matter of fact, when I last talked to Direetor Pranzen, they had not yet settled on this year's allocation formula. Is that correct? Thank youy very much. But it's a1l internal. We don't do that. A1l I'm saying here, is wedve got to make a policy statement in this General Assembly, that with two million of our citizens riding every day, we better provide for some security.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz.

Senator Rock, What is the mechanism? Maybe I just didn't understand. Is the mechanism ..owill the Legislature have inputoo.will the input be from the CTA itself, or will the Chicago l59  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Police Department be involved in setting up the security?

PRESIDING OFPICER: (SENATOR COLLINS) Senator Rock.

Chicago Police Department will definitely be involved, and frankly, that's one of the reasons Why this bill also calls for this oversight board. It's qoing to require the board to study the issue of crime on the CTA and annually report its findingsy including recommended changes to the CTA, the Governor, the Mayor and everybody else. And it Bpecifically provkdes that the appointees of the Governor, and the Mayor: and one from each of the leqislative leadersz bave to be expert in urban mass transit and/or crime or erime prevention or law enforcement.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudyez, for the last time.

Thank you, Madam President. Well, I just agree with President Rock. I think we should stop the rhetoric and just vote for this; it's a very worthwhile, good program, and I urge an affirmative vote.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? The question is, shall Senate Bill 255 pass. Those in favor wkll vote Aye. Opposed, Nay. The votkng ks open. Have a11 voted Who wish? Have all voted Who wish? Have a11 voted who wish? Take the record, Madam Secretary. On that questions, there are 33 Ayesg 25 Naysg none voting PresenE. Having received the constitutional majority, Senate Bill 255 is declared passed. Senate Bill 262. Senator Dehngelis. Read the bill, Madam Secretary.

senate Bill 262. (Secretary reads title of bill) 160  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legîslative Day May 26, 1989 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. Currently under the Medical Practice Act, there are no requirements for osteopaths for continuing education. This bill simply says there Will be a minimum of ten hours of continuing education for that group. I urge its passage.

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not, the question is, shall Senate Bill 262 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who Wish? Have a11 voted Who Wish? Have al1 voted who Wish? Take the record: Madam Secretary. On that question, there are 57 Ayes, no Nays, none voting Present. Having received the constitutional majority, Senate Bill 262 -- 262, is declared passed. Senate Bill 272. Senator Smith. Read the bill: Madam Secretary.

Senate Bill 272. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Smith.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 272 is in regard to persons who are on general assistance or public aid families with dependent children, retrospective budqeting, recipients shall qualify for suppleaental payments lf the individual or family experiences a reduction in earned income. Establishes a methodology for determining the amount of a supplemental payment. The purpose of Senate Bill 272 16l  STATE OF ILLINOIS 86th GENER;L ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 is merely to eliminate the current penalty for short-term employment and thereby assist those recipients who are gradually making khe transition from welfare to work. And the immediate date is not until 7/1/90. I ask for your...

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Senaeor Fawell.

Qhank you very nuch. Will the sponsor yield for a question?

PRESIDING OFPICER: (SENATOR COLLINS) She indicates she will yield.

Senator Smith, could you give me a definieion of the retrospective budgeeing supplemental payments? PRESIDING OFPICER; (SENATOR COLLINS) Senator Smith.

Under the retrospective budgeting system, the Department of public Aid budgets income to receive a month against the AFDC or qeneral assistance benefit payable in -- in a month. Three, Ehe ineome from employment in December i's deducted from the reeipient's rebruary grant. The retrospective budgeting is practieable and as long as the recipientês income from employment is constant. However, if the income is decreased substantiallyz or is eliminated entirelys the recipient's financial status is hurt.

PRESIDING OFPICER: (SENATOR COLLINS) Senakor Fawell.

Okay. I'm frankly -- Ifm not sure I underseood. Could you say it in plain Enqlish?

PRESIDING OFPICER: (SENATOR COLLINS) Senator Smith. Senator Smith. l62  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

I can continue on, if she wants me to. I thought she would understood what -- understand what 1 was saykng. To elimînate it enkirely, ehe recipient's financial status, as I saide is hurt. Two months after the layoff, the recipient receives a AFDC grant based on his or her income while she was employed. But at the same time, the client is not receiving any income from employment, and the Qrant is also reduced.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Fawell.

So you 're saying for -- in other words, somebody is -- is working, and a11 of a sudden their income goes down, then wedre going to make it up for in effect to what they were making?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Smith.

No. We wouldn't be making it up, we would be leaving them without anything for possibly two months or more. So ...

PRESIDING OFFICER: (SENATOR COLLINS) Senator Fawell.

Xou want to make kt up to what they Were makkng, so in other words. I mean -- so in other Words, if somebody's makin: three hundred dollars a month, and they -- they 9et cut down to tWo hundred dollars, you want us to make up Ehe hundred dollars.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Smith.

Senator Pawell, this bill has been before you before on numerous of times, I merely think -- check with your staff and I think we 'll cu* the eime. 163  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989

PRESIDING OPFICER: (SENAQOR COLLINS) Senaeor Fawell.

Well, to the bill, my understandinq is that this bill will cost approximately 5.8 million dollars annually. And these are costs thae are nok goinq to be able to be reimbursed by the Pederal Government. She -- Senator Smith is right, this has been introduced four times, and it has been defeated four times. If the Public Aid -- if the Public Aid budqet allows the Public Aid Departmene -- the Publie Aid Department already has this authority; we don't have to put it into the Statutes. The problem is we don't give the Public Aid Department enough money as it is right now, to -- to do a1l the necessary things. I understand what the good Senator is trying to do. Unfortunately, we do not have 5.8 million dollars in the budget that the Public Aid Department can afford. We're not payinq our bills now. Wefre not payin: our recipients now on a timely basis, and I Would strongly sugqest ehat we vote No for this bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka.

Well. Yes, Madam President and Ladies and Gentlemen of the Senate. Senator Smith is right. This bill has been before us before, approximakely four times, and we've featen it back four times, and I would like to think that possibly we can do it a fifth tlme, beeause there are some problems witb the bill, over and above the fact that it's probably going to cost about 5.8 million dollars annually. There is nothing now that prevents the Department of Public Aid from doinq this when it has the money. So khere is no legislation even necessary, because they can do this when they have the money. I would also submit that there is a -- major problem in that when we get these supplemental payments l64  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 37th Legislative Day May 26, 1989 that are suggested here turning around in a five-day period, I don't know that the Department is going to be able to do that, and if khey're not: think we're goin: to have a probleme and should this bill get out of the Senate, I would hope that possibly we might be able to address that issue, 'cause I think We -- we could really get them into a paper snafu over there. The other problem I would submit is -- is that every time a family experiences a decrease in income - and not just when they lose a job thak's going to be pretty hard to monitor and pretty hard to track, and I think that is subject to possible abuse. So I would submitz it's been around four eimes. Let's make this number five.

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

Thank you, Madam President and to my colleagues on the other side. First thing I want to say that this bill has passed out of the Senate and went over to the House. It came out on the bipartisan committee roll call. You voted Present, my dear friend, Senator Topinka, but it passed out 9 to -- to nothing. And a1l you said is talking about money. Bu* this bill has been good and it the fiscal -- We got tWo fiscal notes on it, but it's not going to cost as much as you have thought -- spend here today. All I ask is for a favorable roll call. It does not go into effect until 1990. I just ask for a favorable roll call.

PRESIDING OPFICER: (SENATOR COLLINS) The question isw shall Senate Bill 272 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who wish? Have all voted who wish? Have all voted who wish? Take the record: Madam Secretary. On that question, there are 29 Ayes, 26 Nays, none voting Present. Having failed to receive the required constitutional majority: Senate Bill 272 ts declared lost. Senate Bill 273. Senator Smith. Read the bill, Madam 165  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Secretary.

Senate Bill 273. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Smith. Okay. Senator Smith.

Thank you, Madam President and to Ladies and Gentlemen of the Senate. I understand this particular that I'm about to present to you now, passed out of the House l14 to nothing. The rationale of the law of this bill 273 is obvious to physieians that others came -- other care providers as Dr. Philip Strax: who is an oncologist and a radiologist at the University of Miami School of Medicine and one of the scientists who originally proved the effectiveness of breast cancer screening nearly twenty years ago. And this is about mammogram. If we could, and he quotes this, that ''If we could motivate more komen to undergo mammograms, we could save lives. Breast cancer is number one of the leading eancer killers among women in this country. With thirty-eight thousand four hundred deaths each year, the number of new eases is approximately one hundred and nineteen thousand; however, through early detection and prompt treatment, about eighty-seven percent of breast cancer patients can be saved.'' In many states, such as ours, the insurance company opposes the 1aW and bills such as Senate Bi1l 273. However, the cases are -- in Arizona was different. Arizona Blue Cross - Blue Shield testified in favor of the bill. The spokesman for the company in Decatur -- that mammoqrams save lives and bills such as 273 are good policy material. 273 is supported by major women and senior citizen organizations such as the Junior League: especially in Peoria. The Junior League there, the older women's league, the WHY ME? l66  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 Breast Cancer supports the qroup, and the Illinois Nurses Associatlonz and okher numerous to mention. The insurance company know are having problems, but I am askin: that you think in terms of this. It was a documentary on television, and we really need this in order to help the women in the State of Illinois.

PRESIDING OPFICER: (SENATOR COLLINS) Discussion. Senator Schuneman.

Thank you. Senator, I'd be happy to join you in supporting a resolution commending every women in Illinois over thirty-five to take a mammography test, every year. You're absolutely righk about that. think where you dre wron: is -- is mandating that that coverage be included in every accident or health insurance policy that's issued in the State of Illinois. First of all, I want everybody to realize that these policies were issued by insurance companies with the idea that they would be paying for medical treatment resultinq from an accident or an illness. Now what the -- what this bill seeks to do is establish some kind of preventive medicine. Now if we are going -- wedre goinq to require insurance companies ko pay for the cost of mammograms, then perhaps we should also then next year require everybody to have an annual exam - an annual physical exam - and make the insurance companies pay for that. Have a regular blood test. That's a good idea. At least as good an idea as the mammogram . Or have everybody take a chest x-ray, and make sure thak -- thak that's in every insurance policy. Now when you do thatg thak's okay if you want to do it, but do you want to pay the cost? Do you Want to pay the cost? At the present timey the cost of these mammogram exams average somewhere between sixty and a hundred and twenty-five dollars in Illinois. So let's just say, for exampley that the average cost is seventy dollars. Now this bill also affects Medicare supplement policies. You want to go back home l67  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989 and explain ko your senior citizens why their Medicare supplement policy is increased seventy dollars? You knok, it -- it's a great idea to -- for everybody to have these exams, but when you mandate the coverage in insurance pollcies, then insurance companies have to recover somehow the costs of those -- of those coverages, and ît's a simple matter of economics. We betker be careful doing this kind of thing.

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

Thank you, Madam President and Members of the Senate. I jusk want to rkse in strong support of thks bill. I tbink the growinq rate of breast cancer in our State and in this nation, compels us to do something. This is in recognition that there is a problem that we must address. Addressing it on tbe front end, and if it helps to save one life or several, surely it's worth our efforts in this Chamber. I hope this bill passes out unanimously.

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

Thank you. I just merely uant to say that a person, a woman a financial outlay for any women is a tremendous burden, especially when a woman is on a fixed income. But, by the wayz do you remember the mammogram examination that revealed the presence of a tumor in a former First Lady named Nancy Reagan: in her left breast? Ghe was fortunate, however. Ehe eould afford to have the mammoqram, as a routkne part of her physieal examination. Most women older than sixty-five must live on their Social Security income, and cannot afford to have this lifesaving test. However, more ehan a half of the Women who die of breast cancer are over sixky-five years of old. Now this a dread disease. It's already touched, or eventually will touehg ever person in this room or l68  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989 around, and we have the opportunity this afternoon to drastically change the history of this breast cancer mortality. I merely ask that you give us a favorable vote.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 273 pass. Those in favor Will vote Aye. Opposed, Nay. The votin: is open. Have a11 voted who wish? Have a1l voted who wish? Have a11 voted kho wish? Take the recordy Madam Secretary. On that question, there are 36 Ayes, 16 Naysz 3 voting Presenk. Having received khe required constitutional majority, Senate Bill 273 is deelared passed. Senate Bill 275. Senator Smith. Read the bill, Madam Secretary.

Senate Bi1l 275. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Smith.

Thank you, Madam Presîdent and Ladkes and Gentlemen of the Senate. Senate Bill 275, with its amendment, provides a child care credit to employers of five or more employees equal to ten percent of the amount expended to provide a dependent care assistance program as defined by Seetion l29 of khe Internal Revenue Code for children of corporation employees. Credit restricted to the pro:rams are on the premises of the workplace only. And by reducing the credits from thirty percent to *en percent and restricting it to the workplacee the cost of the bill should be substantially reduced. I ask for your favor -- cooperation.

PRESIDING OFFICER: (SENATOR COLLINS) Dtscussion? Senator Netsch. Senator Netsch. :ENATOR NZTECH: l69  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989 Thank you, Madam President. As -- as my counterpart on the other side knows, I'm not a great one for *ax credits, deduetions or other things. What I would like to point out is why I think this is more than defensible at this point. Number one, we have already this Session, as we typically do, passed out several tax credits or deductkons that relate to buskness-type expenditures. We obviously are qoing -- going to renew the investment tax eredit. We 've passed a research and development credit. We passed a small business employment credit. Wedve done some more things to the enterprise zone and on and on and on. It seems to me that in a sense, I've lost the principle alreadyv because we have been doing it hand over fist again this Session. If indeed we are going to use the tax code for public policy - and that is precisely what We are doing - then it seems to me that this is one of the most importank uses eha: we could use the tax code for. The -- the need of the employer, as well as the employee, to have available ehild care, and to be encouraged to provide that child care, is really very fundamental. And it is just as important to the employer, because as many are finding, particularly perhaps in the outer suburban areas of Chicago, there's a actual shortage in the work force. They are going to have to use parents who have children who have to have soneplace to go during the day. It seems to me that this is a much more than important sacial policy, which in this case, ought to be helped by its use in the tax code. And I would urge an Aye vote.

PREEIDING OFFICER: (SENATOR COLLINS) Eurther discusskon? Senator Luft. Senator Luft.

Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR COLLINS) She indicates she will yield.

l70  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989 I'd like to give you -- Ilm goinq to give you an example and tell me if this is applicable to these individuals. Standard Oil -- or let's say Sears, which ls a major employer in the City of Chicago. If Sears has a day care center, when this bill passes, would there be a tax credit for the employee who makes a hundred to a hundred and fifty thousand dollars a year, Who is bringing that child to that day care center?

PRESIDING OFPICER: (SENATOR COLLINS) Senator Smith. Answer.

Senator Luftz the credit Would go to the employer, for maintaining such a service for the employee.

PRESIDING OFPICER: (SENATOR COLLINS) Further discussion? If noty Senator Smith may close.

I merely ask for a favorable votey please.

PRESIDING OFPICER: (SENATOR COLLINS) The question is, shall Senate Bill 275 pass. Those in favor will vote Aye. Opposed, Nay. The votinq is open. Have all voted who wish? Have all voted Who Wish? Have al1 voted Who Wish? Take the record, Madam Secretary. On that question, there are 27 Ayes, 29 Nays, 1 votin: Present. Having failed to receive the required constitutional majority, Senate Bi11 275 is declared lost. Senake Bill 290. Senator Marovitz. Read the bill, Madam Secretary. SECRETARY HAWKER; Senate Bill 290. (Seeretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz.

l7l  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 (machine cutoffl...very much, Mr. Madam President and Members of the Senate. Senate 290 is a very simple bill. It gives the father in a surrogacy agreement the quarantees - rights of that fathery in case the other party to the surrogacy agreement backs out of that agreement. This doesn't in any way ehange the 1aw on surrogacy at all; doesn't affect in any way. All it says is that there has been a surrogacy agreement, that there and the mother backs out, indeed that father - that biological father - has the rights of a father, and those rkghts are not abrogated. Thatfs all the bill does.

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion?

It really closes a loophole in the 1aW.

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not -- Senator Barkhausen.

Senator Marovitz, I'm sorry to be sort of focusing on this for the first time. Our analysis indicates that this bill Would be moot or unnecessary if the Legislature at some point took action prohlbiting surrogate parent contracts. So are you saying that this legislation only -- only addresses a situation thak would exist if, in facte surrogate parent contracts are leqal?

PRESIDING OFFICER: (SENATOR COLLINS) Senakor Marovitz.

This is no way makes those contracts legal or illegal in any Way. This just guarantees that the biological father indeed has the rights of a parent, and that the court make any determinations as to what those rights are, in the best interest of the child.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? Senator Barkhausen. 172  STATE OF ILLINOIS 86th GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989

My only suggestion would be, Madam President and Members, that if we have doubts as -- that if we, first of all, oppose the idea of surrogate parenthood or partieularly making these contracts valkd, that that this legislation is -- is not appropriate, and that it might be viewed as sanctioning contracts with which -- which we disapprove. And therefore, for those that feel that way, I would urge opposktion.

Further discussion? Senator Hawkinson.

Quick question of the sponsor.

Indicates he'll yield.

Senator, when it gives rights to the father in this kind of a situation, if the mother backs outz does it also mandate the responsibilities of fatherhood? In other words, child support by the father if the surrogate mother drops out of the situation?

Senator Marovitz.

That is correct. That is exactly what it would do# because that that would be in the best interest of the childz and Without thisv the child could be left without support.

Further discussion? Senator Marovitz may close.

This -- tbis bill kn no way bas anything to do with sanctioning surrogacy or or anything like that. This is a bill for the interest of the child, so that if, indeed, an agreement has been made, or no aqreement has been made, that the biological l73  STATE OF ILLINOTS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26' 1989 father has the rkghts and obligations - and obligations - to take care of that child. That's what this is al1 about.

Question isz shall Senate Bill 290 pass. Those in favor will vote Aye. Opposed, Nay. The voting's open. A1l voted Who wish? Have a11 voted Who wish? Have all voted who wish? Take the record. On that question, there are 32 Ayesy 16 Nays, 1 voting Present. Senate Bill 290, havin: received the required constitutional majority, is declared passed. 292 is on the Recall. 293. Senator Berman. On the Order of Senaee Bills 3rd Reading is Senate Bill 293. Read the bill, Madam Secretary.

Senate Bil1 293. (Secretary reads title of the bill) 3rd Readin: of the bill.

Senator Berman.

Thank you, Mr. President. This bill was introduced to address a question that has arisen regarding underinsured motorist coverage. The provisions of it have been stripped in order to allow the industry and myself and the Department to continue to talk. The bill is a Nhell at the moment, and I would ask that we pass it over to the House.

Discussion? Discussion? senator schuneman.

Thank you, Mr. President. The sponsor spoke to me about this billy and while disagreed with the contents of the bill as introduced, I certainly have no objection to what hefs trying to work out here. I think we should pass the bill out and go along with the negotiatinq process. l74  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Le:islatkve Day May 26z 1989

Question is, shall Senate Bill 293 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted Who wish? Have a11 voted Who wish? Have a11 voted Who Wish? Take the record. On that question: there are 52 Ayes, no Nays: none voting Present. Senate Bill 293, havin: received the required constitutional majority, is declared passed. 294. Senator - Marovitz. On the Order of Senate Bills 3rd Reading, Senate Bill 294, Madam Secretary, please.

Senate Bill 294. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Marovitz.

Thank you very muchy Mr. President and Members of the Senate. This is the leqislation that calls for mandatory Medicare assignment. When you think back, remember back to 1960. In 1960, Congress passed Medicare for the purpose of providing medical insurance for senior citizens and guaranteeing them security tn their elder years. That Was the purpose back in 1960 When they passed Medicare. Today, unfortunately, seniors have less security than ever was anticipated when Medicare was passed, because they are the only ones today who can 't get insurance to cover the excess charges over and above what Medieare says is a reasonable paynent to -- for the nedical services that are rendered. The Health and Human Services Organization in Department in Washington has said that Illinois physicians have overcharged Medicare patients one hundred and thirty-eight million dollars in one year alone. This is the amount charged over and above the Medicare-determined reasonable rate. So that you understandy the 175  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 Medicare determines whae the reasonable rate isz and then reëmburses the physician eighty percent of that. The twenty percent over and above that, the sentor citizen has to pay - the individual on Medicare has to pay - and is frequently -- usually covered by Medigap Insurance. The problem is that physicians are charqing over and above that amount - a hundred and thirty-eight million dollars in one year over and above that amount - and those dollars have eo come directly out of the pockets of senior citizens who cannot afford the kind of charges that many physicians are administering to them. You've all gotten a lot of documentation about this. You've probably been contaeted. Youdve gotten some horror stories about physician charging - gouging figures to individuals for -- for services that are rendered. This is the number one priority bill of senior citizens across the State of Illinols. Itîs a very, very serious problem. Doctors are making millions of dollars off the Medicare syskem, and I -- and I really believe they are getting reimbursed reasonably by Medicare. Welre trying eo get at the overcharges bhat senior citizens are bein: gouged. That's what this bill is a1l about. If a doctor doesn't want to take a Medicare patient, they don't have to. But the fact is, if they're going to, they ought to charge what the medically reasonably rate is. And I Would solicit your Aye vote.

All right. WCIA-TV has requested permission to shoot some film. Without objection, leave is granted. There are nine Members who have indicated they wish to be heard. Senator Geo-Karis.

Well, Mr. President and Ladies and Gentlemen of the Senate, there is no one who cares any more for senlor eitizens than I do. I am a senior citizen. But I'm going to tell you something. When 176  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 you start makin: a bkll and saying, ''Oh, this is gokng to help the senior citizens/' I am mindful of the fact that We are going into socialized medicine. Take a senior eitizen who has a bad leg: in an accident. You pass a bill like this, the doctor looks at the bad leg and he has a choice of cutting it off, or trying to save I want that doctor to save that leg, and if youdre going to put all these restrictions on doctors: that doctor is not going to be willing to put the time to save the darn leg. NoW let's not get carried away by sayinq wedre going to do thts and that for the senior cktizens. Senior citizens, as a whole, are responsible, but I don 't want them to lose their lives or lose their limbs by passing legislation like this, which will make the doctor say, ''Fine, We won't take people then who can't afford their bills.'' When you say that they're making money, fine, they are making money, but on the other hand, they better earn it, too. And itfs up to the various societies, medical societyz to see to it that kbey are competent practitioners. I might tell you that I khink you have distorted the facts a bit. The Federal Government allows physkcians to chaïge more than the Medicare reimbursement, as lon: as it does not exceed the maximum allowed by their regulations. And the Medicare reimbursement charges are the same since 1972. So if you don't want doctors to take Medicare patientsz go ahead and vote for a bill like this. And lf you want doctors not to care whether they save that leg of that senior citizen' just go ahead and vote for a bill like this. I am vehemently and yiolently opposed to it.

Purther discussion? Senator Davkdson. SENATOR DAVIDSONJ Mr. President, have to declare a conflict, if Ehis would become law' since I do receive Medicare relmbursement for care of patients. This could be a conflict. But I would like to speak in 177  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 opposition of this bill. Youdre cutting your nose off to spite your face. Al1 you fre going to do is have less medical care available for individuals who probably need the most. And urge all of you to vote No, because this is not accomplishing a thing that they expect to do, because ninety percent of the people who are in practàce are already receiving only what Medicare can pay: because they take it on the assignment basis. ïou take it on the assignment basis, you cannot bill the patient for the difference. And I urge you to vote No.

Further discussion? Senator O 'Daniel.

Thank you, Mr. President. A question of tbe sponsor.

Sponsor indicates he will yield, Senator O 'Daniel.

Senatorp wouldntt -- Wouldnlt this create more of a problem for us? ïou know, like downstate in a rural areaz where we're -- wedre already experiencing losing a lot of doctors. I -- I represent twelve counties in southeastern Illinois, and most our a 16t of our doctors are going over to Indiana for several different reasons. One reason, they have a 1ot cheaper medical malpractice insurance. So theylre ended up only with Medicarey Medicaid patients. Wouldn't this bill create us more of a problem than we already have?

Senator Marovitz.

I#m glad you asked that queskione SenaEor O 'Daniel. This bill specifically exempts rural health manpower shortage areas from the bill, like the downstate areas that you are talking about. In manv discussion kn crafting the bkll that was the question that l78  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26e 1989 was brouqht up, there -- because of thatr we specifically exempted these rural manpower shortage areas from the purview of the bill. And I might add, Senakor O 'Daniel, that *he same arguments that -- that we -- that have been made about, ''Well, if we pass this bill there'll be a shortage of doctors, and doctors kill leave the State. They wonft care for these patients.'' The same argument was made in Massachusetts. Massachusetts passed this very same legislation, and subsequent to the legislation, more doctors were practîcing medicine in Massachusetts, and there was not any dissipation of health care for seniors at all. In fact, an increase in doctors taking care of Medicare patients after the passage of this bill in Massachusetts.

Further discussion? Senator Topinka.

Yes, Mr. President and Ladies and Gentlemen of the Senate. Fkrst off, kf 1 may ask a questkon of the sponsor. Where are you getting your -- your figures from, please, on these alleged overcharges?

Senator Marovitz.

The Health and -- the Health and Human Service Department out of Washington, D.C.

Senator Topinka.

At What year?

Senator Marovitz.

1987. 179  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26r 1989 PRESIDENT ROCKJ Senator Topinka.

Okay . To the bill, if I may. First of all, you knowr let's -- if I may just kind of respond to some of the things that have floated around on khe Floor here. First of all, on the charge, or the -- the suqgestion that Massaehusetts has somehow improved i*s medical system, ever since it passed mandatory assignment. Eirst of all, I don't know that your statistics there prove anythingg because you are adding M.D.S onto your numbers, but most of them are residents, and they're not in active practice. So the numbers are there, but those that are actually practicing are down, and there are hospitals there now in Massachusetts that cannot even fill their medical staffs and are having difficulty, and tbey ascribe specifically their problem to be tbe passage of this bill. Even in our presidential elections' when Michael Dukakis was running, this issue came up. And tbe medical profession, as well as consuaers, said this had been a problem in Massachusetts. Don't advance this nationally. It could come to pass. It is basically a program of price controls, and it doesn 't allow, you know, for people to be able to eome up With the -- With the -- a common charge. The other thîng tbat I think we should bring up is that already in Illinois, sixty-eight percent of claims in Illinois are voluntarily paid -- are voluntarily taken care of by doctors. And the other thirty-two percent are billed at the federally imposed maximum allowable actual charge. It's called the MAAC. And that's been set since 1972. There's only one other rate that's lower, and that's the Department of Public Aid. Now should a physician try to overchargev there are -- there are charges that, you know, can be placed against them. They can be suspended. They can get fined two thousand dollars. Their license depends on it. So I hardly think theydre going to be l80  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatize Day May 26, 1989 risking that. If they do, they are subject to the law, just in terms of qouging, as would -- as would anybody else would, who would be violating the law. Now for those like Senator O 'Daniel, Who ask as to whether or not this would help in a manpower shortage in -- in rural areas. If you think you have a problem now , you ain't seen nothing. Because khe problem is going to be -- is people will leave those areas and go where they can, indeed, practice medicine freely. And one of the problems that I think we put on the backs of the physicians in these underserved a'reas , should this bill become lak, is how can they practice there if if physicians in okher counties can be charged for fraud for doing the same thing that they can do in an adjoining county. Not to mention that M.D.s could also be prosecuted in Illinois for charging amounts that are expressly permitted by the Federal Government. You create such a disparity in terms of how to monitor this. think youbre just asking for terrible problems, and you're just -- you know, pulling the pins out from under the practice of medicine in the State and -- and its application and availability to senior citizens. would also submit that not al1 senior citizens are all excited about this, because the American Association of Retired Persons, Who actively speaks in terms of health care for seniors, is opposed to this, realizes whak 's happened in Massachusetts, and does not advoeate it here. So I would recommend a No vote.

Ladies and Gentlemen, we have ten additional pages of 3rd Reading. Senator Marovitz: We have ten additional pages of 3rd Reading. Would you -- Will you close?

1'11 be very glad -- very happy to close. The local chapters of AARP, American Associatton of Retired Persons are in favor of this legislation. There has been no dissipation in medical care 18l  STATE OF TLLINOIS 86*h CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26p 1989 in Massachusetts, where this legislation passed. For someone Eo find out what the MAAC charges arey that Senakor Topinka mentioned, they'd have to file a freedom of information request which takes six weeks to find out what those charges are. This is a reasonable bill. No one has to take Medicare assignment. The Medicare rates -- the reasonable rate is set, and senior citizens cannot get insurance over and above what Medicare determines as reasonable, because the insurance companies use the same rate as what is reasonably reasonable and what they will relmburse. Well, if the insurance companies use that rate as to What is reasonable and what ls reimbursable, then the only other way for.the senior citizen to pay for that is to take it out of its their öwn pocket. That's what the overcharges are. This deals with that hundred and thirty-eight million dollars of overcharqes, and I solicit your Aye vote.

Question is, shall Senate Bill 294 pass. Those in favor Will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have a11 voted Who wish? Have all voted who wish? Take the record. On that question, there are 15 Ayes. 39 Naysr none voting Present. Senate Bill 294, havin: failed to received the required constitutional majority, is declared lost. Ladies and Gentlemen, before We proceed on to the top of Page there has been a request from the Governor's Office to expedite Senate Bill 385. If I can turn your attention to Page 44 on the Calendar. To Paqe 44 on the Calendar, on the Order of Eecrekary's Desk, Concurrence, there is a supplemental appropriation which the Chief Executive indicates he wishes to sign today, if we send it to him. So with leave to the Body, ke 'll move to Page 44 on the Calendar on the order of Secretary 's Desk, Concurrence, Senate Bk11 385. Madam Secretary.

l82  i STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 House Amendment No. l to Senate Bill 385.

Senator Etheredge.

Thank you, Mr. President and Members. The supplemental appropriation which we passed out of here week before last, I believe it was, Senate Bill 385 has been returned to us, with House Amendment No. 1. What House Amendment No. -- No. l did, was to delete everything after the enacting clauser and then makes one specific appropriation in the amount of forty million dollars to the State Lottery in order that the Lottery can make prize payments. There is a need for -- in order to make these payments -- they're running out of money as of next Tuesday, and the acceptance of this House Amendment will make it possible for the Lottery to continue to function. I move concurrence with House Amendment No. 1.

Discussion? Is there any discussion? If not, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 385. Those is favor will vote Aye. Opposedg vote Nay. And the voting is open. Have al1 voted Who wish? Have all voted Who wish? Have a1l voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. The Senate does concur in House Amendment No. l to Senate Bill 385, and the bill, having received the required consEiEutional majority, is declared passed. A1l right. Ladies and Gentlemen, it's now two-thirty in the afternoon. We're on the top of Page 7. We have to go to Page 1#. I would encourage us all to move with some dispatch. 297. Senator Joyce. 300. Senator Smith. On the Order of Senate Bills 3rd Reading, top of Page 7, is Senate 3ill 300. Read the bill, Madam Secretary.

l83  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION 1 SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Senate Bill 300. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Smith.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. SJR 300 <sic>z which was a Joint Resolution and a Task Force on Smith and Currie in the House, established a thirty-two-member bipartisan committee, eonsisting of twenty legislators and twelve public members. Tbe joint committee conducted five public hearings in various parts of our State . During the Eime that the joinE commitkee held iEs hearings, khe U.S. Congress approved a sweeping overhaul of the federal law. May I have your attention please - in front of me - please. Which was the Family Support Act of 1988... END 0F TAPE TAPE 5

...additionally, the Governor's forum on welfare reform, which was appointed after the joint committee was selected, held hearings and made recommendations. The forumîs recommendations are contained in House Bill 1923, Daniels, and House Bi11 1924, Daniels. The recommendations of Senate Bill 300, and House Bill 300, Which is currently on lst Reading in the Senate, are based on khe testimonies of wiknesses testifylng at the five public hearings conducted by the joint committee. NoW there were several issues to have been considered in this bill. Number one was the 184  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGZLAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 management of Public Aid grant. Number two was the issue on medical assistance. Number three was the issue on employment. Number four was the issue on identification documents. Number five was the issue on education. Number six was the issue on child care. And number seven was the issue on administration, and nine was supporters. Senate Bill 300 is supported by a coalition of twenty-five organizations, including such groups as United Charities of Chicago, the League of Women Voters, Voices for the Illinois Chtldren, the Leqislative Supportive Center, the Legal Assistance Foundation of Chicago, the Day Care Action Council, the Chicago Welfare Rights Organization, the Chicago Workshop on Economic Opportunities, the Illinois Task Force on Child Support Enforcement, and the Public Welfare Coalition, the United Way of Chicago, Illinois Impact, and the Chicago City Department on Human Services. They were -- and I just want to 1et you know what the bill did, and I'm -- I'm -- I'm going to stop . The Eighty-fifth General Assembly authorized the Department of Public Aid to make more extensive use of private protective payees, in related cases of grant management. But further clarification is required, so that this option is used more frequently and effectively, and 300 Senate Bill 300 makes the foregoing mandatory mandatory . Also we brought in about a Project Chance and hoW it can help us to determine and to fulfill this -- bill -- House Bill No. -- which was on welfare reform. I just Want to stop here. 1111 answer any questions.

Discussion? Senator Topinka.

Yes. If I may, Mr. President, ask some questions of the Sponsor.

Sponsor indicates she will yield, Senator Topinka. l85  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989

All right. NoW your bill apparently requires the Department of Public Aid to work out direct contracts with individual child care providers, and then require direct payments to those providers. Now, how would that jibe with the fact that the Department already has contractual arrangements with DCFS to administer the day -- the extended day care program?

Senator Smith.

Senator Topinka, that is not in the bill any longer.

Senator Topinka.

Welle according to the Department of Public Aid, they -- they seem to feel it is. Let me run something else past you, if I may. In -- in doing what youdre doing here, are you creating kind of like a welfare scholarship programe so that you could make this kind of like a four-year program , permanent? PRESIDENT ROCN) Senator Smitb.

Nor wedre not.

Senator Topinka.

Could you explain What the reeipient bill of rights might be? PRESIDENT R0CE: Senator Smith.

The bill is designed to help the recipient to understand what the Welfare Reform Bill is a1l about. 186  STATE OF ILLINOIS 86th GENERAL ASSEMBLI REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

Senator Topinka.

Could you give me an example?

Senator Smith.

One thing is that -- that the case workers would be courteous to the recipients who come to them. PRESIDENT ROC:: Senator Topinka.

All right. One questionz and this -- I find kind of questionable. If apparenely you are asking all child care providers, providing services to Project Chance participants who aren't licensed by DCFS, to complete a basic child care training program. Now would that include moms and dads and grandmas and grandpas and aunts and uncles and family members Who misht already be providing these kind of child care assistance and helps?

Senator Smith .

No, Senaeor Topinka. The Department of Public Aid's Project Chance Program has many worthwhile feaeures, buk some changes are necessary to insure compliance With the federal Family Support Act of 1988, and to improve i*s effectiveness in provldlng meaningful permanent employment opportunities for the publkc recipients -- aids recipient.

All right. Senator Topinka, With again the admonishment that we are truly running up aqainst a deadline here. Senator Topinka.

l87  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 37th Legislative Day May 26, 1989 This is just to the bill. -- I Would like to note that, I think, you know, a 1ot of people participated on these meetinqs. The results were not particularly bipartisan in terms of our agreements to all of these things. The program does cost 10.4 million dollars, and there are just numerous mandates in this bill that I just don't know if they are going to be able to be enforced by the Departmenk of Public Aid or even to be sustained. So I don't know that I Would ask your support of this bill.

Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. 1111 be very brief. As a courtesy to the rest of us, I wish that some of these people Who had so many bills Would get up and now start this filibuster. This is a worthwhile -- we had a bipartisan committee. It's been heard. This is a good bill. And I ask your support of this bill.

Purther discussion? Senator Fawell.

Thank you very much. 1'11 try and be briefz too. Number one, Senator Hall, it is true there was a bipartisan committee, but have been told that unfortunately, this particular bill has gone far beyond the recommendations of that bipartisan committee. And that's the problem. Por instance, there is a request in here that the Public Aid people will support someone who is golng for a four-year colleqe deqree. Well, that's fine and good, and itss a -- it's a good and noble gesture, but *e already have a federal program in -- in plaee, called the Pell Grant, Which Will do just exactly that. And for us to try and subsidkze someone When they ean obviously get the money in other and better places, is -- is just noe a good idea, especially when we are already short of l88  STA'E OF ILLINOIS 86th CENERAL ASSZMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989 money. This bill will cost eleven million dollars, and I would strongly suqgest that We vote against it, and try again and come up with the proposals that were agreed upon.

Senator Davidson.

I Kove the previous question.

That motion is in order. Senator Smith, to close. SENATOR SMITH I Thank you. I merely want to 1et them know khak this Was a bipartisan committee, and I want them to also to know that Mr. Ed Merkel from Dupage County was one of our members, and Who helped to form a11 of these ideas that we are -- have in this report. Thks ks the report here, that was qkven out to everyone. And it was -- they were selected by the Minority Leader in the House, the Minority Leader in the Senate, and everything thak we have in here, they approved of these. And this is just to help us to do something constructive in our Welfare Reform Program, and they all know this. I ask for your favorable vote. Please do not let this die. This is a good start. People are depending. 7ou came up with the proqram of Project Chance. Project Chance is in this book. Now why do you want to kill it?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 300 pass. A11 in favor, vote Aye. A1l opposed, vote Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have all voked who wish? Please take Ehe record. on this question, there are 24 Ayes, 30 Nays, none recorded as Present. This bill, having failed to receive the constitutional majority: is hereby declared lost. 306. Senator Jones. Read the bill.

189  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26# 1989 Senate Bill 306. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones.

Thank youz Mr. President, Members of the Senate. Senate Bill 306 is the rewrite of the Architectural Practice Act. rewrites with minor changes in the Actz with sunset at the end of this year. It adds one public member, and establishes a licensing board which Was formerly the examining committee, and establishes powers of the Department as Well as the boards. Itfs an agreement bekween the.a.the Department and...and the profession. And I ask for a favorable vote.

PRESIDING OFEICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall Senate Bill 306 pass. All in favor, vote Aye. All opposed, vote Nay. Voting is open. Have all voted Who wish? Have all voted who Wish? Please take the record. On this question, there are 57 Ayesg no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 311. Senator Brookins. Read the bill. SECRETARY HAWKERt Senate Bill 311. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Brookins.

Thank you, Mr. President. The purpose of this bill is to encourage and assist local governments to adopt energy cost reduction straeegies. And to provide local government with State l90  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 support o: technkcal assistance. More than seventy-fàve percent of the State residents now have the highest electric rates in the nation, and Wedre trying ko help them in reducing this. And 1...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Kustra.

Thank you, Mr. President and Members of the Senate. Senator Brookins, I will not enga:e in a in a series of questions. I would like to ask -- Ifll try to make it as quick as possible. khink you have done much beyond What you intend to do by this piece of legislation. First of all: I see that just by virtue of the fact that you are taking monies that would otherwise go ineo khe General Revenue Fund: youdre diverking dollars from the General Revenue Pund. Much more seriously, however, you are also removing the money you take from the GRF out of the appropriations process. know there's a number of Members on your side of the aisle who: over the years: have fought the atkempt to keep noney out of the appropriations process. Now you have a new stream of dollars flowkng outside that process. Looking at one page of the bill, it looks to me like you have given this authority whatever you intended to do I donft know, but on Page 4 of the bill, you allow the authority to issue negotiable revenue bonds for paying costs of planninq, constructing, reconstructing, aequirinq, and then you say energy supply and conservation projects. This -- this authorlty could literally go out and build a power plant someplaee ln the State of Illinois. don't think you Want to do a1l those things, and I Would sugqest this is an awfully good bill ko recommit to committee.

PRZSIDING OPFICER: (SENATOR LECHOWICZ) Senator Macdonald.

Thank you, Mr. President. I had my light on to -- really to l9l  STATE 0F ILLINOIS 86th GEXERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26: 1989 address the same issues that Senator Rustra addressed, but beyond that, I want to say that we passed senator Welch's bill this morninq, which was Senate Bill 38, which essentially also creates a similar kind of fund. And I -- I just think that this bill is not necessary at this time. think it is flawed, and I think it deserves a No vote if kt is not recommitted to committee.

PRESIDING OFFICER: (SENATOR LZCHOWICZ) Senator Welch.

Thank you, Mr. President. I'd just like to stand in support of this piece of legislation. Wedve been working on this legislation for several months now. We don't quite have it in the final form we Want it, but the costs that would be coming out of the General Revenue Fund, I think would be recaptured the same way we're going to recapture them ln Senate Bill 38. The idea is ehat you save money by retrofitting existing buildings to save your enerqy costs that go through the roof because of poor windows or poor ceiling or not enouqh insulation. If we can start the fund going with money to create the needed conservation measures, that money will be recaptured and this fund will be repaid...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Brookins.

We hope to have this bill amended in the Housez and I would .. . urge support -- for this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Brookins.

Thank you, Mr. Presidenk. This -- the -- the revenue funds is given to ERA qsic> (ESA) and is recaptured. It is not outside the appropriation system. This is a money-saving bill: and it will help our citizens to meet their consumer goals. ask for a l92  STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 favorable vote. PRESIDING OPFICER: (SENATOR LECEOWICZJ Queseion is, shall Senate Bill 3l1 pass. A1l in favor, vote Aye. Al1 opposed, vote Nay. The voting is open. Have all voted who wish? Have a1l voted Who Wish? Please take the record. On this question, there are 18 Ayes: 37 Nays, none reeorded as Present. ehis bill, having failed to received the constitutional majoriky, is hereby declared lost. 319. Senator Keats. Read the bill.

Senate Bill 319. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OPFICER: (SENATOR LCCHOWICZ) Senakor Keats.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a bill that comes f. rom the Illinois Library Association. Something that probably most people weren't aware of, libraries were not under the bidding aet and did not have to do any competitive biddinq. What this does is establishes a syseem of competltive bidding, so they will have a competitive biddinq requirement, just like everybody else. They're.sytheyfre agreed to it. Secretary of State's aqreed to it. There was one amendment ehat clarified some language; it had been requested in commkttee...

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Question is... Any discussion? Question is# shall Senate Bil1 3l9 pass. 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 question, there are 47 Ayes' 7 Nays, 2 recorded as Present. Thks bill, havkng recekved l93  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 the constitutional majority, is hereby declared passed. 321. Senator :eats. Read the bill.

Senate Bill 321. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Keats.

Thank you, Mr. President: Ladies and Gentlemen of the Senate . This is a bill that was not my idea. It Was given to me by the staff of the presidbng judge of the juvenile court in Cook County. And you may remembet the othel day I sent around a letter from the presiding judge of the juvenile court in Cook County, saying, ''Yeah, we're for the bill.'' And the bottom he lists, you know, that -- the people Who had qiven us the idea. #hat it does is, on AFDC, it says the AFDC payment ko a minor child who is pregnant goes to the family. What you're trying to do is keep the family unit together. If the childls more than eighteene then: of course they get the check totally on their ownz or if they're emancipated minor, et cetera. That amendment was added at the request of the judge. But what it says is we're trying to maintain the family unit, so these kids do have it, so if the child's under eighteen and is pregnant, the AFDC check goes to the family unit. If they 're over that...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question 1sz shall Senate Bill 32l pass. All in favor, vote Aye. A1l opposed, vote Nay. Voting's open. Have al1 voted Who wish? Have a11 voted Who Wish? Have al1 voted Who wish? Take the record. On this question, there are 54 Ayes, 1 Say, none recorded as Present. This bille baving received the constitutional majority, is hereby declared passed. Senate Bill l94  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 3-3-3. Senator del Valle. Read the bill.

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. This bill is designed to alleviate problems in recruiting teachers for bilingual and other teacher shortage areas. It was Worked out with the State Board of Education. Theylre in full support of it. The amendment also addresses the issue of attracting more teachers into the known shortage areas. The shortage scholarship is assigned to assist in assurin: an adequate supply of teachers in areas of lkkely shortage. Bilingual education is an area of shortage the board has established as its number one priority for the scholarships. And this bill would provide for a stipend program to be developed.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 3-3-3 pass. All in favor, vote Aye. All opposed, vote Nay. Voting is open. Have all voted who wish? Have a11 voted Who Wish? Please take the record. On this question, there are 36 Ayes, 8 Nays, none recorded as Present. This bill, having received the constitutional majority: is hereby declared passed. 335. senator del Valle. Read the bill.

Senate Bill 3-3-5. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Del Valle. 195  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 SENATOR dEL VALLE: Thank youe Mr. President. Beginning in FY 990, the bill authorizes the State Board of Education to award qrants to school districts for young parent education programs.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 3-3-5 pass. All in favor, voke Aye. All opposed, vote Nay. Voting's open. Have all voted who wish? Have all voted who Wish? Please take the record. On this question, there are 32 Ayes, 25 Nays, none recorded as Present. This bill, having received Ehe constitutàonal majority, is hereby deelared passed. 338. Senator Smith. Read the bill.

Senate Bill 338. (Secretary begins to read title of bill)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me. Excuse me. I'm sorry. My mistake, I missed a bill. 336. Senator del Valle. Read that bill. I'm sorry.

Senate Bill 336. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. president. I move to recommlE fenate Bill 336.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman asks leave of the Body to recommit Senate Bill 336. Eearing no objectionp the blll's recommitted to the proper committee. 338. Senator Smith. Please read the bill.

Senate Bill 338. 196  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26y 1989 (Secretary reads tikle of bill) 3rd Readkng of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 338 -- 338 amends the University of Illinois Hospital Act, to require specifically that the operation of the Universiky Hospital in Chicago and its related health professional college muse be operated in such a way that it is beneficial to the University's teaehing research and public service functàon. To date, the Cook County Board has not ratified our lease agreement wikh the University. So Senate Bil1 338 can be used as a vehicle for any statutory changes needed later in this Session, depending on the outcome of our various aqreements, and I ask for your favorable vote and roll call.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall 338 pass. Al1 in favor, vote Aye. A1l opposed, vote Nay. Voting's open. Have all voted who wish? Have a1l voted Who wish? Please take the record. On this question, there are 39 Ayesz 12 Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 339. Senator Carroll. Read the bill.

Senate Bill 339. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHQWICZ) Senator Carroll.

Thank youz Mr. President: Ladies and Gentlemen of the Senate. This Would be a vehicle bill for a bond authorization. It just l97  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 takes Ehe eurrent level and increases it by a dollar, in case we need a bond authorization bill. Also takes out the Superconducting Super Collider. I Will be Willing to answer questions.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Etheredge.

Inquiry of the Chair, Mr. President. HoW many votes Will it -- will be required to pass this bill?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Let me look at the bill, please. 30 votes. Because it's an overall decrease. It's not an increase; it's a decrease. Senator Etheredge.

That -- I had a bill yesterday that also decreased the bond authorization, and the ruling from the Chair was that 36 votes would be required. I -- so I find this...

PRESIDING OFPICER: (SENATOR LECHOWICZ) Well, it must have been a different type of approach. Today's a different day. Senator Geo-Karis: I've been Waiting for you a1l day.

Yeah. Mr. President and Ladies and Gentlemen of the Senate. Whether it's decreased or increased, thereîs nothing in the rules that says theydre not general obligation bonds, and they require a three-fifths vote. You won'e find any khing in khe rules that says if they dre decreased, you donêt need it.

PRESIDING OFPICER: (SENATOR LECHOWICZ) I remember that. What was that, a forest preserve bill yesterday: you had? That was yesterday. Xeah, long count. Senator Carroll.

l98  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 If there are no further questionsr this is a bond authorization vehicle bill to try and keep thak alive for further use. And I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question isy shall Senate Bill 339 pass. All in favor: vote Aye. A11 opposed, vote Nay. Voting's open. Have a11 voted who Wish? Have a11 voted Who wish? Have a1l voted Who -- I'm always right. Have a11 voted who wish? Please take khe record. On this question, there are 29 Ayes, 27 Nays, none recorded as Present. This bill, having failed to receive the proper votes, is declared lost. 341. Senator Brookins. Read the bill.

Senate Bill 341. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Brookins.

Thank you. This is -- the agency's amendment, and what this does is, clarifies the income of eligible guidelines for recipients of PCA service. It maintains an upper-limit income level, and increases the protection of income which has been -- the basic raises since 1983, to catch up with inflation. And ask for a favorable roll.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 34l pass. A1l in favor, vote Aye. Al1 opposed, vote Nay. Voting's open. Have all voted who wlsh? Have all voted who wish? Please take the record. On this question, there are 50 Ayes, 2 Nays: none recorded as Present. This bill, having received the eonstitutional majority, is hereby declared passed. 348. Senator Berman. Read the bill, please. l99  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIFT 37th Legislative Day May 26, 1989

Senate Bî1l 348. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill deals with a problem that Was brought to us by the Illinois Supreme Court. Deals uith structured settlements and liens. And a structured settlement is when, in a personal injury sektlements a -- the settlement is paid out over an extended period of time. The bill, as introduced, has been amended, and what We've provided for in the present posture of the bill, is to provide that it would be up to the court to determine when the liens - both khe hospital and the doctors' liens - would be paid. Whether they must be paid in front, before a structured settlement is paid out, or later. The Illinois Hospital Association originally opposed the bill. Theydve kithdrawn their oppositionp essentially to allow us ko continue to discuss thi: problem. I would solicit your Aye vote. Again, IIm not sure this is the final posture of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Discussion? Senator Schuneman.

Question of the sponsor, Mr. President.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Indicates he 'll yield.

Senator, as I read this bill oriqinally: it seemed to me that it was structured in such a way to make sure that khe lawyer got paid. And that *he payments to the injured person eould be on a 200 i  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 structured basis, but that the court Would be able to pay the law -- the attorney fee. Is that really what it does, or did misunderstand what it does?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

Without debating it, that was the way the bill was originally introduced. We've amended it, so that it would be determined on a case-by-case basis.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

Who would determine that, Senator?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

A judge. Well, 1et me comment. 1'm not sure what the joke is aboutr and it wasn't a -- a laughing response, I can assure you.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

Under the -- khe bill youfre seekkng to amend, the 1aW that youdre seekin: to amend, how does it Work now?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

There has been -- in one appellate district of Illinois the lawyer gets paid, the lien would be paid: and then the structure Would be distributed. In a11 the other appellate districts, it would there is no set determinationy and it would depend upon what action the lien holder Would take. That's the reason the bill has been introduced, and thatîs Why the Supreme Court has 20l  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 asked us to address thks problem, because there ks no determined policy Statewide. Hospitals are uncertain. Doetors are uncertain. Lawyers and their clients are a -- are in a state of uncertainty. That's the reason the bill has been introduced. That's why welve tried to give a alternative approaeh to 1t. And I again solicit your acquiescence, so that we can continue to discuss it with the people tbat have an interest.

PRESIDING OEFICER: (SENATOR LECHOWICZ) Senator Barkhausen.

Just a eouple of quick questions, please, Mr. President. PRESIDING OPPICER) (SENATOR LECHOWICZ) Make 'em quick.

senatore you mentloned discussions with the Hospital Association. I assume the Medical Society physicians generally have an interest in this. What is their posture, as best you know?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

The -- the -- the Medical Society has indicated to Ke that they also are not supportive of this approach. But Ilve told them that we Will continue to talk, because they have the same -- although they weren't party to the case that was involved. The case that was decided in the appellate court was a hospital lien. They Would have the same problems: so I'm sure that they will be involved with the discussion...

PRESIDING OPFICER: (SENATOR LECHOWICZ) Next question. Barkhausen.

As I look at the blll and particularly at the amendmentz I see 202  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 that ït addresses the periodic payments or, I should say prorated paymentsr of a lien as -- as the structured settlement payments are -- are made over a period of timez but only as to a nonprofit hospital and as to a physician. I see no mention anywhere in either the bill or the amendment about attorneys' fees.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

That kasn't an issue.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Good. Senator Berman, to close.

Thank you. I again solicit your Aye vote. Itîs a it's a problem. Let's continue to talk about it.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Questton is, shall Senate Bil1 348 pass. A)l in favor, vote Aye. A1l opposed, vote Nay. Voting is open. Have a1l voted Who wish? Have a1l voted who wlsh? Have all voted kho Wish? Please take the record. On this question, there are 30 Ayes: 23 Nays, 1 recorded as Present. This billz having received the constitutional majority, is hereby declared passed. Senator Barkhausen, al1 you have to do is put your light on. That helps. What purpose does the Gentleman seek recognition?

To request a verification. PRESIDïNG OFFICER: (SENATOR LECHOWICZ) Verification's in order. Madam Secretary, would you please poll the affirnative vote. Would the Membership please be it their seats. Proceed with the affirmative vote.

The following Members voted in the affirmative: Alexander, Berman, Brookins, Carroll, Colllns, Daley, D lArco, de1 Valle, 203  STATE OF TLLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989 Demuzio, Thomas Dunn, Hall, Hawkinson, Holmberg, Jacobs, Jones, J.J. Joyce, Lechowiczz Luft, Marovitz, Netsch, Newhouse, O 'Daniel, Rea, Savickas, Severns, 5m1th, Vadalabene,...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Speed it up, will you: hon?

Welch, Zkto and Kr. President.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Are there any questions of the affirmative vote? Okay. Being none -- Barkhausen -- Senator Barkhausen.

Senator Savickas.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Savickas. Is the Gentleman on the Floor? Senator Savickas. Remove him . Anyone else? Senator Berman asks leave to put this on Postponed Consideration. Leave being granted, Postponed Consideration. Gentleman from Cook, Senator Brookins, what purpose you seek'recognition?

Thank you, Mr. President. rise on a poïnt of personal privilege.

PRESIDING OFFICER: (SENAQOR LECHOWICZ) State your point.

In the gallery, over the Republican side, is the The Wendell Smith School from Chicaqo, accompanied by their Eeacher g Mr. Biedernan. The Wendell Smith School is named after a famous judge in our community that was known for fairness and one of the first blaek judges to go on the bench and I'd like them to be recognkzed.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Will our guests please stand and be recognized. Welcome to 204  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE QRANSCRIPT 37th Legislative Day May 26, 1989 Springfield. Have a nice day. Senate Bill 356. Senator Jones. Please read the bill.

Senate Bill 356. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFEICER: (SENATOR LECHOWICZ) Senator Jones.

Yeah. Thank youy Mr. President, Members of the Senate. Senate Bill 356 is merely a vehicle bill to be used only if the agreement ean be Worked out between the funeral directors and cemetery folkse and I know of no opposition. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Weaver. No diseussion? Question is, shall Senate Bill 356 pass. All in favor, vote Aye. All opposed, vote Nay. Voting is open. Have all voted who wish? Have all voted who Wish? Please take the record. 0n this question, there are 56 Ayesz no Nays, none recorded as Present. ïhis bill having received the constitutional majority, is hereby declared passed. Senator Brookins, point of information.

Lek me correct that name, it's the Wendell Green School. Wendell Green.

PRESIDING OFFICER: (SENATOR LECHOWICZ) No wonder those kids were kind of hesitant in getting up. Senate Bill 361. Read the bill.

Senate Bi11 361. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 205  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGDLAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989 Senator Jones.

Yeah. Thank you: Mr. President, Members of the Senate. Senate Bill 36l allows a retired teacher to Work up to l00 days, as a substitute teacher. Tt also includes in khere the State minimal fundkn: for State retirement systems. It also has in bere the negotiated settlement between the City of Chicago and its labor representatives that represent its four retirement systems. It has in here provisions for downstate teachers, and many other non -- non-cost items in this legislation. I amended the bill -- I amended the bill to take care of the State mandates as relate to the annuity agreement for the City of Chicago. I know of no opposition. Ask for a favorable vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Dudycz.

Senate Bill -- Senator Jones, Senate Bill 361 is a negotiated settlement: but this plan has some disadvantages, as you well know. If the cost of operating this plan exceeds the monies contributed by the city and the various pension boards, then the balance will be deducted from the annuitants' checks. Now this this health plan expires în 1997, and thïs would leave annuitants' without any health coverage after that date. Now this agreement is not in the best interest of the annuitants and I'd just like add that the Fraternal Order of Police did not have any input in this negotiations. They are totally opposed Eo it at this time, and so are the Retired Chicago Police Association members.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator FaWell.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LECHOWICZ) 206  i i STATE OF ILLINOIS 86th GENERAL ASSEMBLY i REGULAR SESSION ' SENATE TRANSCRIPT ! I 37th Legislative Day May 26, 1989 Yes, he will. SENATOR FAWELL: I -- I have kn my book, for some reason or another, that the State Mandates Act was never put in. The exemption to the State Mandates Act. Was it put in? PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones. SENATOR JONES: Yes. Amendment No. 2 took care of that. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones, to close. Oh. Senator Marovitz, to close. SENATOR MAROVITZ: No. I don't want to close. I just wank to make a clarifying statement, that the Police Association and the retired police were involved in *he negotiations - in al1 stages of negotiations - and I think it's unfair to say that they Were not involved. I'm not going to tell you whether to support or not support, but I can tell you that in the -- this -- this began -- this emanated because *he annuitants were to be cut off from their health care benefits by the City of Chicago. This is the work product of about fifteen or sixteen months of continuous negotiations: where al1 the funds - fire, police, municipal and labor - were ak the bargaining table, together with the City of Chicago . And this agreement was reached with al1 parties in attendance. PRESIDING OFFICER: (SENATOR LECHOWICZ) Thank you very much. Senator Jones, to close. Your name wasn 't mentioned in debate. Senator Dudycz: what purpose you seek recognition? SENATOR DUDYCZ: Iîm sorry to râse -- rise for a second time, Mr. Presidenk. But Senator Marovitz, 1 don 't know who you were speaking withe but I spoke With the representatives of the Fraternal Order of Police 207  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 hours ago, and they are still opposed to this, and so are the Retired Police Association.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson.

Question of the sponsor.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Indicates hedll yield. SENATOR DAVIDSON) I'm sorry, Senator Jones. I didn't hear your answer to Senator Fawell. Does this allow two years of military service to be purchased at their cost by any person that wants to participate ln any of the six systems?

PRESIDING OFFICER: (SENATOR LECHOWICZ) That wasn't her question. Senator Jones.

For downstate teachers only .

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Jones, to closer for the third time. SENATOR JONESI Thank you, Mr. President and Members of the Senate. In closing, let me say this as relate to the annuitants and the health care benefits. The Fraternal Order of Police is well aware of this legislation. I have -- yet to receive one telephone call regarding this bill. This leqislation was passed by this Body during the last session of this General Assemblye and I ask for a favorable vote.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 361 pass. K1l kn favor, vote Aye. All opposed, vote Nay. The votin: is open. Have a1l voted who wish? Have all voted who wish? Have all voted who Wish? Please take the record. On this question: there are 29 Ayes, 24 208  STATE OF TLLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Nays, none recorded as Present. This bill, having failed to receive the constitutional majority, is hereby declared lost. Lady fron Cook, Senator Netsch. For what purpose you seek recognition? Netsch. 0h, I'm sorry. Page 8. 369. Senator Etheredge. Read the bill, -- read the bille Madam Secretary. SECRETARY HAWKERJ Senate Bill 369. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill does just as the description on your Calendar says. The amendment limits khe practice to matters concerning the transportation law. I'd be happy to respond to any questions.

PRESIDING OEPICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 369 pass. All in favor, vote Aye. All opposed, voee Nay. Voting's open. Have all voted kho wish? Have all voted Who wish? Please take the record. On this question, there are 55 Ayes, no Nays, none recorded as Present. Thks bill, havkng received the constitutional majority, is hereby declared passed. 371. Senator Demuzio. Read the bill.

Senate Bill 371. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Demuzio.

Thank you, Mr. President and Ladies and Gentlemen of the 209  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATC TNANSCRIPT 37th Legkslative Day May 26, 1989 Senate. Senate Bill 371, sponsored by myself and Senator Severns, is a bill that is admittedly controversial. But it would, in fact, direct the Commerce Commission to exclude from the rates, all costs of any electric generating facility recoveryz which have not bequn by January the lst of 1990. Which would mean that it would impose stricter standards under which the Commerce Commission would determine that portion of any new power plant to be included in the rate base. There kas a great deal of discussion about it the other day, and I will yield to Senator Severns for any additional remarks that she kishes to make.

PRESIDING OFEICER: (SENATOR LECHOWICZ) Senator Brookins.

Thank you, Mr. President. I ask for a point of personal privilege again. It seems it's my day for schools...

PRESIDING OFPICER: (SENATQR LECHOWICZ) Well, we're going to have to after the debate. Senator Severns.

Thank you, Mr. President and Members of the Senate. The only constraint that Senate Bill 37l provides, is to say that the ICC must observe the use and useful doctrine in its -- in its decisions. And this is not anything that sets a new precedent. In fact, it's along the same principle that was adopted in 1983, when CWIP, or Construction Work in Progress, Was -- eliminated. Itls the same principle ehae was adopeed in 1985, concerning excess capacity, and when the -- with the rewrite of the Public Utilities Act, and finally, it's the same principle that was reiterated by the United States Supreme Court in January in the most recent case involving utilities at that level. It imposes a bottom-line standard to guide the commission in its own deliberations. It spells it out clearlyz so there'd be no doubt 2l0  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26e 1989 what ''used'' and ''usefuld' means. It simply asks the Commission to determine if if the plant is needed Within two yearse to meet the demands of the community that it's attempting to serve, and Whether or not is the most economical source.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Macdonald.

Thank youz Mr. President. This bill to in some extent Was discussed the other day. It was unclear then, and think it still remains fairly unclear now. To demand that you exclude al1 costs associated with any electrical generating is just unreasonable and excessive beyond belief, and I would ask al1 of my colleagues to -- to carefully look at this piece of legislation. There may be other Ways to approach this problem, but -- but I think this is overkill beyond belief, and I would ask for a No vote on this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Maitland.

Thank you very muchp Mr. President and Members of the Senate. guess, quite frankly, I'm surprised this bill came back today. We debated this issue at length last week, and finally took it out of the record because neither side could understand what the -- what the bill did, and Iïm convinced ke stlll don't know what this bill does. I -- you knowz I don't know what Senator Severns or, again, senator Demuzio, whoever's going Eo debaEe the bill. It seems Eo me, here, that -- that the -- Within two years the plant absolutely has to be one hundred percent needed . One hundred percent needed, and that's the issue we debated the other day, and it just makes no sense to any of us. This is a terrible thing to do. I'd like a better explanation of what that means.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 21l  STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Senator Demuzio, to close.

Well, that's absolutely correct, that it has to be demonstrated that within a two-year..owith that two- year period that it has to be needed. And let me respond, if I might, to Senator Macdonald's remark a few minutes aqo. This is not retroactive. This is prospective. January 1st, 1990.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Maitland.

Well, will you Eespond to my question as Well?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio.

Well, if the Gentleman -- would restate it aqain. I thought I did, but restate it again.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Maitland.

Well, none of us in business, you know, when we -- when we project, prospectively, what we're going Eo do with our business and how we're going to build our building, we cannot identify actual total use at a given point. We just can't do that. And you're saying, it seems to me, that that plant or facility has to be one hundred percent used and needed, and at -- at a given datey or there's no -- there's no recognition.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio. SENATOR DEMUZIO I Well, we -- we could say, Senator Maitlandy that it has to be demonstrated, it has to be needed now, rather than Within the two-year period. thinke you know, that's -- thatts frankly 2l2  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 part of the problem. When you ask the questions then a lot of businesses may not be in that planning status to be fully needed within a two-year period. I think that's part of the problem. The utilities have been building plants for far too long, for meeting -- customer's demand. Let me ask you a question. How long would you suggest that planning period be for?

PRESIDING OFFICER: (SENATOR LECHOWICZ) That's out of order. To ask him a question? Senator Schuneman? Senator Maitland? Maitland? Be here al1 night. I don't care. Maitland.

Senator -- Senator, I want a definition of what ''fully needed'' -- ''fully needed''means. What does ''fully needed'' mean?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio.

''Fully needed'f means that it is required to meet the needs of its customers.

Senator Maitland.

Mr. President, Ladies and Gentlemen of the Senate, I -- again, I -- I plead with you. I plead with you. There is absolute misunderstandinqy confusion, on this bill, and it ought not pass. We took it out of the record last Week, and let's -- let's redo it next year and come back and try agaln. -- I seek a No voEe on senate bill 371.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio, to close.

Well, let me just say that, Senator Maitland, you're arguing about a statement that's already a matter of record. It is -- as 213  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqkslative Day May 26, 1989 a matter of fact, itls a matter of Statute. But let me close by saying this, that 37l -- I have tn my hand a. . .

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me. Please continue.

I have...

PRESIDING OFFICER: (SENATOR LECHQWICZ) (inaudiblel...stay for a minute. Senator Demuzio. Please please close. SENATOR DEMUZIO; I've been trying. Senate Bill 371 I have in my hand, is a documenk that apparently was passed out by the Illinois Power Company to oppose this legislation. And I will close with this. It says, in opposition to this bill, that this legislation would impose severe and unrealistic requirements upon utilities, that would make it very difficult to pass on to customers the cost of building new generating plants. I think that's precisely the issue. The stringent use and useful test proposed in this bill could prevent the company fron charging customers for our newest plant, the Clinton Power Station. That is precisely what this legislation seeks to do, and would ask for your favorable support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 371 pass. All in favor, vote Aye. A11 opposedr vote Nay. The votinq is open. Have a1l voted Who wish? Have a1l voted who Wish? Please take the record. On this question, there are 18 Ayes, 34 Nays e recorded as Present. This bill, having failed to receive the constitutional majority, is hereby declared lost. Senator Brookins. Okay. Senate Bill 384. Senator Jones. Read the billz please. SECRETARY HAWKERJ Senate Bk11 384. 214  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Jones.

lhank you, Mr. President, Members of the Senate. Senate Bill 384 is a recommendation from tbe Association of Homes for the Aging. What the bill specifically do, is set up a program in which they call the Carry Eome Program, designed to maintain and improve the quality of nursing home care in Illinois. This proposal targets neW resources direetly into patient care. Incentives to develop more family involvement and care and planning and more community interest and interaction With nursing homes. This proposal goes a long ways from makkng these programs a priority. It sets up incentives to develop career ladder for nursing assistants. It beeomes nore and more dlfficult to keep well-trained nursing assistants in nursing homes: due to the current shortage of this type of labor support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Watson.

Yes. Thank you, Mr. President. I would rise in support of this legislatkan, and it's unusual that I Would do so, because of the large fiscal impact that this has. 3ut really think and I've worked closely with the nursing homes over the years - and we have a real problem tn this Gtate, and that's in the area of Medicaid reimbursement for the nursing homes . We should have all received this map, a midwestern map of Illinois and Iowa, Missouri and other mid-western states about the reimbursement, the average daily reimbursement on Medicaid patients in a nursing home. Illinois is thirty-eight dollars. The national average is fifty-four dollars. Wisconsin's forty-nine dollars. Indianaz 215  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legtslative Day May 26# 1989 flfky-six. Kentucky, fifty-one. Missouri: forty-four. Iowa, eighty-five. Illinois, once again, is thirty-eight. really just -- I think that ke have to send messages every now and khen: and this is a message that needs to be sent, maybe to the Second Floor, maybe just to establish some priorities in this State, that simply say that we canlt continue to fund the nursing bome industry at this particular level. I realize that this has a hkgh fiscal impact, but I do khink that this is something that we need to address, and in fact, We have an enhancement as far as revenue in this State, then this is an industry that we need to look at and try Eo help.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion?

So I urge a ïes vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question ks, shall Senate Bk11 384 pass. Al1 kn favor, vote Aye. All opposed, vote Nay. The votinq's open. Have all voted Who wish? Have all voted Who wish? Please take the record. On this question, there are 51 Ayes, 4 Naysp none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 391. Senator Welsh. Out of the record. 392. Senator D'Arco. Read the bill.

Senate Bill 392. (gecretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICERZ (SENATOR LECHOWICZ) Senator D'Arco. SENATOR D'ARCOZ Thank you, Mr. President. This bill is the result of the Task Force on Energy's recommendatkon. It rëally ks a bkll that 216  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26: 1989 Senator Maitlan; and myself, and Senator Netseh: have worked on for a long time, and What it does, it combines al1 the energy assistance programs in ehe State of Illinois for poor people into one billy called the Energy Assistance Act of 1989. It captures federal funds and it uses General Revenue Funds. The question is: the tax that's goin: to be used to fund ehis proposal. In this proposal we have *he computer software tax as the mechanism to capture the federal dollars and whether...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me, Senator. May we have your aktenkion please? Thank you. SENATOR DfARCO : o.. and whether that -- that is maintained as *he final version of this bill, we're not sure. I Want to thank Senator Maitland and Senator Netsch for their cooperation, and ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bk11 392 pass. A11 in favor, vote Aye. A11 opposed, vote Nay. Voting is open. Have a11 voted who Wish? Have al1 voted who wish? Please eake the record. On this question, there are 53 Ayes, Naysg l recorded as Present. This bille having reeeived the constitutional majority, is hereby declared passed. 393. Senator Welch. No? Out of the record. 399. Senator Barkhausen. Read the bill.

senate Bill 399. (Secretary reads kitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.

Mr. President and Members, this is the bill that makes 2l7  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 calculated criminal drug conspiracy a felony which would qualify for the death penalty under the right circumstancesy under ehe Illinois death penalty felony murder provisions. And we had some discussion on this the other day. I'd be happy to entertain any questions, and Would otheruise seek your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Queotion is, shall 399 pass. Al1 in favor, vote Aye. Al1 opposed, vote Nay. Voting is open. Have a11 voted who wish? Have all voted Who wish? Please take the record. On this question: there are 49 Ayes, 7 Nays: none recorded as Present. This bill, having received the constitutional majorkty: is hereby declared passed. Senate Bill 400. Senator Carroll. Read the bill. Out of the record. 417 is on Recall. 451. Senator DeAngelis. Read the bill.

Senate Bill 451. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dehnqelis. SENATOR DeAngelis: Thank youy Mr. President. Senate Bill 451: as amendedz takes one half of one percent of the annual growth in Ehe State's sales tax and puts it into the State Tourism Advertising Fund. This is only the State's portion. It's been amended to make sure that only the portion of increase khat belongs to the Skate is ineluded ln this set-aside. 1'11 be happy to answer any questions. If not, I urge the adoption of Senate Bill 451.

PRESIDING QFFICER: (SENAQOR LECHOWICZ) Senator'Luft. Question is# shall Senate Bill 451 pass. All in favor, vote Aye. A11 opposed, vote Nay. Voting is open. Have all voted Who wish? Have all voted Who Wksh? Please take 2l8  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 the record. On this question, there are 46 Ayes: 10 Nays, l recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 464. Senator Geo-Karis. Read the bill.

Senate Bill 464. (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. My bill amends the Unified Code of Corrections and the Vehicle Code. And requires persons convicted of drunken driving: DUI, to reimburse the public aqency for police: fire, ambulanee costs, ineurred during emergency response to an incident -- proximately caused by a driver being under the influence. The Secretary of State, the State Police, Municipal League and the Mothers Against Drunk Driving, I understand, are for this bill. And I urge your favorable consideration.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 464 pass. A1l in favor, vote Aye. All opposed, vote Nay. Voting is open. Have a11 voted who Wish? Have all voted who Wish? Please take the record. On this question, there are 54 Ayes, no Nays, 2 recorded as Present. This bill: having received the constitutional majority, is hereby declared passed. 468. Senator Weaver. Read the blll.

Senate Bill 468. (Secretary reads title of bill) 3rd Reading of the bill. 2l9  STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Weaver.

Thank you, Mr. President. This is a bill that moves the University of Illinois Athletic Association into the University of Illinois administrakion. If there's any questions, be happy to answer them.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 468 pass. A1l in favor, vote Aye. A11 opposed, vote Nay. Voting is open. Have all voted who wish? Have a11 voted who wish? Please take the record. On this question, there are 58 Ayes, l Nayy none recorded as Present. This bill, havin: reeeived khe constitutional majority, is hereby declared passed. 474. Senator Macdonald. Read the bill.

Senate Bi11... PRESIDING OFFICER; (SENATOR LECHOWICZ) Aldo. Aldo. Please sit down. SECRETARY HAWKERI Senate Bill 474. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER; (SENATOR LECHOWICZ) Senator Macdonald. SENATOR MACDONALD; Thank you, Mr. Presidenk. Senate B111 174 merely amends the Highway Code and lncreases the equipment and building tax to .l0 of taxable property of a road distrlet. This was asked given to me by the Township Officials of Illinots, and it is with a full frontdoor referendum. So I ask your support for this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 474 pass. 220  1 ! STATE OF ILLINOIS 86th GENRRAL ASSEMBLX I REGULAR SESSION I SEXATZ TRANSCRIP; 37th Legislative Day May 26, 1989 Al1 in favor, vote Aye. A11 opposed, vote Nay. Voting is open. Have all voted who wish? Have a11 voted who wish? Please take the record. On this guestion, there are 52 Ayes, 7 Nays, none recorded as Present. This bill, havinq received the constitutional majority, is hereby declared passed. 475. Senator Macdonald. Read the bill. SECRETARY HAWKER: Senate Bil1 475. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Macdonald. SENATOR MACDONALD : This bill also Was requested by the ToWnship Officials of Illinois: and it increases to .25 percent of the present road district hard road tax of sixteen -- 1.67 percent of the assessed value of taxable property. This also can be passed only wîth a full frontdoor referendum, and I ask for your support. PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall 475 pass. Al1 in favory voee Aye. All opposed, vote Nay. Voting is open. Have all voted who Wish? Have a11 voted who wish? Please take the record. On this question, there are 50 Ayese 7 Nays; none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 482. Senator Jones. Read the bill. SECRETARY HAWKER: Senate Bill 482. (Secretary reads title of bill) 3rd Reading of *he bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones. SENATOR JONES: 22l 1 1 1 I  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Thank you: Mr. President, Members of the Senate. Senate Bill 482 is a rewrite of the Structural Engineering Licensing Act Which expires at the end of this year. It makes minor changes and I knoW of no opposktkon. ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Queseion 1s, shall Senate Bill 482 pass. Al1 in favor, vote Aye. All opposedg vote Nay . Voting ls open. Have all voted Who wish? Have all voted Who wish? Please take the record. On this questkon, there are 58 Ayes, no Naysy none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 486. Senator DeAngelis. Read the bill.

Senate Bill 486. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 486 does exactly what the tiele says. It increases the penalty for persons refusin: to identify themselves on a school ground, from a petty offense to a Class A misdemeanor.

PRESIDINC OFPICER: (SCNATOR LECHOWICZ) Any discussion? Question is# shall 486 pass. A1l kn favor, vote Aye. All opposed, vote Nay. Voting is open. Have all voted who wish? Eave a1l zoted who wksh? Please take the record . On this queskion, thvre are 59 Ayes, no Nays, none recorded as Present. This bill, having received the conskitutional majority, is hereby declared passed. Page 9 on the Calendar. Senate Bill 491. Senator Maitland. Read the bill.

222  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26e 1989 Senate Bill 491. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICERJ (SENATOR LECHOWICZ) Senator Maitland.

Thank you, Mr. President, Members of the Senate. This is the -- the Republican formula shell bill. As in the past, we -- in each side of the Chamber passed one out to the other side of the rotunda. And I would seek your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) hny discussion? Question is, shall 491 pass. A11 in favory vote Aye. All opposed, vote Nay. Voting's open. Have a1l voted who wish? Have al1 voted Who wish? Please take the record. 0n this questton, there are 52 Ayes, l Nay, 3 recorded as Present. This bill, havin: received the constitutional majority, is hereby declared passed. 499. Senator de1 Valle. Read the bkll.

Senate Bill 499. (Secretary reads title of bkll) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. Senate Bill 499 is an attempt to coordinate existin: personnel resources to meet the special needs of non-English-speaking residents, such as Hispanicsy dnd Polish -- and the Polish population. And it -- it is also an attempt to alleviate our welfare and unemployment rolls, by directing recipients to sources of employment within State Government. We have large and growin: populations in different parts of the Stake, such as the cities of Waukegan, West Chicago, Aurora: 223  STATE OF ILLINOIS 86th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 37*h Legislative Day May 26, 1989 Elqine Sterlinge Melrose Parke Chicago Heights, Granite Cityz Fairmont. These cities are cities that need individuals in State positions that can speak the language of the residents: in order to communicate and effectively deliver services.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 499 pass. Al1 in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have all voted Who wish? Have all voted Who wish? Please take the reeord. On this question, there are 38 Ayes, 21 Nays, none recorded as Presene. This bill, havinq received the constitutional majoriky, is hereby deelared passed. 500. Senator Vadalabene. Read the bill.

Senate Bill 500. (Secretary reads title of bill) 3rd Readin: of the bill.

PRCSIDING OFFICER: (SENATOR LECHOWICZ) Senator Sam .

Yes. Yes. Thank you, Mr. President and Members of tbe Senate . Senate Bill 508, as amended - an; the amendment Was at the request of Senator Fawell, that We took out the language - would be a tax increase wkthout a referendum, and we -- and we accommodated Senator Fawell. Senator -- Senate Bill 500 extends to libraries in home rule municipalities tbe same opportunity to retaîn their current property tax revenue, following conversions to a distriet lkbrary as is now in the case where non-home rule libraries this is a Library Association bill, and I Would appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is# shall Senate Bill 500 pass. Senator Watson. 224  STATE QF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989

Xes. Thank you. Just a quick question.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Proceed.

Senator, our analysis says this is a tax increase without referendum . Is it?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Vadalabene.

Yes. I -- in my opening remarks, Senator Watsonw I said, at the request of Senator Fawell, with the Amendment No. 1, *e took out that language. And I wish you were listening.

PRESIDING OFFICER: (SENKTQR LECEOWICZ) Senate Bill 500. Question is, shall it pass. A1l in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted Who wish? Please take the regord. On this question, there are 43 Ayesz 9 Nays, none recorded as Present. This bill, havin: received the constitutional majority, is hereby declared passed. 503. Senator Marovitz. Read the bill.

Senate Bill 503. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. Senate Bill 503 just brings the Paternity Act in line with the current Divorce Acty so that support orders entered pursuant to paternity actions will commence from the date of service of summons to the respondent, so that the respondent can't stall to 225  STATE OE ILLINGIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989 prevent the payment of these support payments.

PRESIDING OFFICZR: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 503 pass. A11 in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have all voted who Wish? Have a1l voted who wish? Please take the reeord. On this question, there are 58 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 505. Senator Maroviez. Read the bill.

Senate Bill 505. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. Senate Bill 505 is part of the elder abuse package. This is the one that prevents financial -- exploitation of senior citizens. Prosecution currently is difficult because current Statutes don't adequately define theft by deception as it pertains to seniors or persons with disabilities.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question 1s# shall Senate Bill 505 pass. Yes. Senator Barkhausen.

Sorry, Mr. President. I thought I had my light on. Yeah. think the Membership oughk to be alerted on this one. I know *he Attorney General's Office and Senator Marovitz have made efforts to amend this. However, even with the amendments, I would have to point out that the penalties for these new crimes that are theoretically beinq or new offenses that are theoretically 226  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 beinq created with this bill, provide lower penalties in most cases, than exist under our present offenses under khe Criminal Code of theft by deception, and theft by intimidation. For theft by deception of over three hundred dollars and less than five thousand dollars, for example, the penalttes under this bill would be lower than currently, and the same is true for five thousand dollars to a hundred thousand dollars, and the same is true for crimes amounting to over ohe hundred thousand dollars. I know khere has been some talk of further amendments to this bill; however, if youfre going to still -- still be dealing within the realm of theft by deeeption and theft by intkmidationy I don lt think there's any way you can come up With a new offense without -- without endin: up either with the very same penalties for both crkmes, or what we have here-lower crkmez in an amended bill than what the current Statute provides. So I suggest a No or Present vote.

Senator Hawkknson.

Thank you, Mr. President. Question of the sponsor.

Indicates he'1l yield, Senator Hawkinson.

Senator, from my discussions with the representatives of the httorney General's Office and with your staff, it's my understanding that there will be an amendment in the House Eo make sure that none of these penalties are lowered . Is that correct?

Senator Marovitz.

That is correct, Senator Hawkinson. We have had substantial discussions about making sure that no penalty is lowerz and that's 227  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 37th Legislative Day May 26s 1989 what the -- the discussions are. Thank you for pointing that out, Senator Hawkinson.

Question is, shall Senate Sill 505 pass. Those kn favor, vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted Who wish? Al1 voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 57 Ayes, l Nay, none voting Present. Senate Bill 505, having received the required constitutional majority, is declared passed. 506. Senakor Marovitz. On the -- 519. Senator Fawell . On the Order of Senate Bi1l 3rd Readin: Senate Bill 519. Read the bill.

Senate Bill 519. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Fawell.

Thank you very much. The amendment becomes the bill, and this was in conjunction with an agreement with Senator Jacobs. All does is say that no township supervisor or trustee, during the term of office as elected, may accept or be appointed to, or hold any office outside of the office that he was elecked to. I would solicit your Aye vote. This is a township bill.

Discussion? Any discussion? If not, the question is, shall Senate Bill 5l9 pass. Those in favor, vote Aye. Opposedz vote Nay. The voting is open. Al1 voted who wish? Have all voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 56 Ayes, 1 Nay, none 57 Ayes, l Nayy none voting Present. Senate Bill 519, having received the required constitutional majority, is declared passed. Senator Luft, for 228  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 what purpose do you arise?

Thank you, Mr. President. I Would ask leave to recommit Senate Bill 5-2-7 to the committee from whence it came: the Committee on Executive.

Al1 right. The Gentlemen seeks leave to recommit Senate Bill 527 to the Executive Committee. Without objection, leave is granted. 531. Senator Barkhausen. On the Order of Senate Bills 3rd Reading, Senate bill 531. Read the bill, Madam Secretary.

Senate Bill 531. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Barkhausen.

Mr. President and Members, Senate 3ill 53l re-creates, under Illinois law, the common 1aw of tenancy by the entirety. We had some discussion on this subject the other day. As explained at that time, the rationale for this is to try to create a form of joint real property ownership that truly provides equal rights under the Statute, and would get around the problems that remain under joint tenancy today, whereby one of the joint tenants can terminate or sever a joint tenancy by conveying out his or her interest, or by encumbering it. I'd be happy to try to answer any questions. There may be a technical amendment that is needed in the House, but I ask for your support at this time.

Discussion? Is there any discussion? If noty the question is, shall Senate Bill 53l pass. Those in favorg vote Aye . Opposed, vote Nay. The voting is open. A11 voted Who Wish? 229  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 Have all voted who wish? All voted who wish? Take the record. On that queseion, there are 53 Ayes, 4 Nays, none voting Present. Senate Bill 531: having received the required constitutional majority, is declared passed. 533. On the Order of Senate Bills 3rd Reading is Senate Bill 533. Read the bill.

Senate Bill 533. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Barkhausen.

Mr. President and Members, Senate Bill 533 relates to suggestions made by the Secretary of State's Office, containing certain technical revisions to the Revised Uniform Limited Partnership Act, that we passed here just a few years aqo. And I ask for your support.

Discussion? Any discussion? If not, the question is, shall Senate Bill 533 pass. Those in favor Wil1 vote Aye. Opposed, vote Nay. The voting is open. All voted who Wish? Have a1l voted who wish? Have a11 voted Who wish? Take the record.On that question, there are 55 Ayes, no Nays: none voting Present. Senate Bill 533: havin: received the required constitutional majority, is declared passed. Senator Hall, on 535. Read the bille Madam Secretary.

Senate Bill 535. (Secretary reads title of bill) 3rd Readin: of the bill.

Senator Hall. 230  i i STATE oF Isbzxozs 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 SENATOR HAll: Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 535 is a recommendation to the city -- the Citizens Assembly on Children. It says a bill that is dear to the heart of b0th sides lf this aisle. I -- similar to the elder bills, it attempts to prove access to health care to poor women and their children. I know of no organized -- opposition to this bill, and ask for your most favorable support. PRESIDENT ROCK: Discussion? Senator Karpiel. SENATOR KARPIEL: Well, thank you, Mr. President. The organized opposition that I know of, Senator, is the Illinois Department of Public Aid. The Department now has funds included in its 1990 budget request to do a demonstration project to do this -- just this; to provide for Women and children up to a hundred and eighty-five percent of the federal poverty level, which I believe is in -- in your bill. Isnît the current -- What is the current Stake law regarding the coverage of pregnant women and children at the present time? PRESIDENT ROCK: Senator Hall. SENATOR HALL: Well, the -- Which one is it? Here it is here. TWo years ago, the G .A. enacted a bill by Poshard, and which extended the medical aid coverage to pregnant Women and infants up to the age one . PRESIDENT ROCK: Senator Karpiel. SENATOR KARPIEL: Well, I -- time is getting late. I just stand in opposition to this bill. This bill would change the coverage for pregnant women and children up to age one: up to a hundred percent of the 23l !  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 poverty level, and change that up to age eight, up to a hundred and eighty-five percent of the poverty level. I understand the fiscal impact of this bill is 45. 5 million dollars, and the Department already has money in its budget for a demonstration program on this. And I urge a No vote.

Further discussion? Senator Hall may close.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senator, as far as your fiscal impact , the Senate Bill is - - but originally the DPA indicated that the fiscal impact was 14.1. So it shows they -- they don't know themselves, really. I would ask your most favorable support of this bill.

Question is, shall Senate Bill 535 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Al1 voted Who Wish? Have a1l voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 31 Ayesy 27 Nays, none voting Present. Senate Bill 535, having received the required constitutional majority, is declared passed. Senator Karpiel, for what purpose do you arise, malam?

For verificationy Mr. President.

K11 rkght. The Lady has requested a verkfkcation. Wkll the Members by in Eheir seats. Madam Secretary, please read the affirmatlve roll.

The following Members voted in the affkrmative; Senators Alexander, Berman, Brookins, Carroll, Collins, Daleyr D'Arco, del Valle, Demuzio, Thomas Dunn, Hall, Holmberg, Jacobs, Jones, J.E. Joyce, J.J. Joyce, Kelly, Lechowicz, Luft, Marovitzy Netsch, 232  STATE OF ILLINOIS 86*b GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 O'Daniel, Rea, Savickas, Severns, Smith, Vadalabene, Welch, Zito 1 l and Mr. President. PRESIDENT ROCK: Senator Karpielg do you question *he presence of any Member? SENATOR KARPIEL: ïes, Mr. President. Senator Marovitz. PRESIDENT ROCK: Senator Marovitz on the Floor? Senator Marovitz is coming out of the phone b00th, Senator Karpiel. SENATOR KARPIEL: Senator Savickas. PRESIDENT ROCK: Senator Savickas. Senator Savickas on the Floor? Senator Savickas on the Floor? Strike his name, Madam Secretary. SENATOR KARPIEL: That's it. PRESIDENT ROCK: A1l right. Senator Hall has requested that further -- on that, khere's a verified roll, 29 Ayes, 27 Nays, none votlng Presene. Senator Hall has requested further consideration be postponed. So ordered. 536. On the Order of Senate Bills 2nd Reading, bottom of Page 9, is Senate Bill 536. Read the bill. SECRETARX HAWKER: Senate Bill 536. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Maitland. SENATOR MAITLAND: Thank you very much, Mr. President, Members of the Senate. Senate Bill 536 is one of the bills contained in the Farm Bureau Chlef Program, and it is a bill that seeks to require the State 233 -- --  ( STATE OF ILLINOIS 66th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26: 1989 Board to develop and operate a pilot telecommunication program for participating school districts in rural areas for the 1990-'91 school year. The State Doard must determine and select the participating districts, and must establish the design and content and operation of khe program. It is a program that wil1 be in operation 1990 and '9l school year, in the second semester, and the program life is eighteen weeks. This is to deal with the neW concept of fiber optics. It's being used in other states. It is a program that Will be very helpful to downstate rural Illinois. I would answer any questions, and otherwise seek your support.

Discussion? Senator Luft.

Question of the sponsor, please.

Indicates he will yield, Senator Luft.

Senator Maitlandy I don't quite understand why we are developinq a pilot program, when in fact, I have toured the program at Western Illinois Unîversity, which seems ko be doing the same program that we're trying to develop here. And I'm wondering why we're -- why welre doing this, when that seems to be an ongoing program.

Senator Maitland.

Senator, I have a I also understand and have witnessed the Western Illinois Program. It is a totally different kind of program. That is a one-way TV; this is two-way interactive fiber opkics. That uses the satellite and, quite frankly, fiber optics is -- is -- is the newer wave of that that innovation. PRESIDENT ROCKI 234 I  ! STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 i Further discussion? Further discussion? If note the question is, shall Senate Bill 536 pass. I beg your pardony Senator Berman. SENATOR BERMAN: Thank you, Mr. President. I rise in opposition to this. First of all: there's no funds currently budgeted in anybody's budget - State Board or the Governor's - for this program . And I would suggest to you that if wedre going to expend the money we already have and the State Board has: as Senator Luft has pointed out, a program that is similar. It may not be the same, but it can certainly be adopted, if we supply the funds. I think that this is ahead of its time, and it ought to be back in committee. I urge a No vote. PRESIDENT ROCK: A11 right. Senator Maitland, you wish to close? SENATOR MAITLAND: Yes. Thank you very much, Mr. President. Senator Berman, you, of all people, always a progressive education person, and I'm, quite frankly, surprised to hear that youdre opposed to. . . END OF TAPE TAPE 6 SENATOR MAITLAND: o.. this. This is a concept that the Farm Bureau feels very strongly about. I think We ought to give it a try. Eventually, you know -- don't forget the Farm Bureau ls out there pushing for a tax increase, With tax relief to help solve some of these problems. So I think theydve :ot a perfect right to ask for a program like this. And I would seek your support. 235  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 37th Legislative Day May 26e 1989 I

Question is, shall Senate Bill 536 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting's open. All voted Who wish? Al1 voted Who Wish? Have al1 voted Who wish? Take the record. On that question, there are 48 Ayesr 8 Nays, none voting Present. Senate Bill 536, having received the required constitutional majority, is declared passed. 537. Senator Etheredge. Read the bill, Madam Secretary.

Senate Bill 537. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Etheredge.

Thank you: Mr. President, Ladies and Gentlemen of the Senate. This bill provides that no school district shall be under any obligation to meet any mandate imposed by the 1985 Reform Act, or any mandate which takes -- whicb took effect after the first of August of that year. If the appropriation -- if the amount of money that the State makes available is insufficient to fully fund the mandate, then the school district has the choice of dropping it, or modifying it to meet available State fundinq. If the school board should decide to drop a mandate, it has the obligation to report that act to the State Superintendent. 1111 be happy to respond to any questions.

Discussion? Senator Collins.

Thank you: Mr. President and Members of the Senate. I rise in opposition to this bill. Not that I am insensitive to the mandates that we put on local school districtsz and the fact that 236  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 we don't give them adequate money to fund them. But I also recognize that we cannot allow school districts to dismantle, or not to provide, needed educational programs simply because the State refuses to fully fund The State -- if that's the case and if thatls the philosophy of this Body, then actuallyy we could close down Ehe entire public school system in *he State of Illinois. We most certainly do not fully Eund, or halfway fund , or fairly fund, the general educational, the core curriculum of the State. So if we set this kknd of precedent, maybe someone Will come back and just say the State ought to just get out of this total responsibility of funding education. I think this is a bad precedent for us to begin to get into. And we should defeat this bill.

Further discussion? Senator Berman.

Well, -- I rise in -- in opposition to this, because khe big ticket items are excluded from this: and I would like to ask the sponsor, what -- what programs, specifically, would have to be line item funded, is the first question. Number two is, What's the definition of ''fully fundedd'? Is there one àn the bill?

Senator Etheredge.

Well: Senator, I have a listing here of the mandates that were included in the Eighty-five Reform Act. This Would include the school district report cards, the establishment of the student learning objectives, the development and administration of the local student assessment tests, the criminal background checks for new employees, the teacher evaluations, in-service training for school employees on hazardous makerials, suicide intervention. Then there are a number of personnel mandates; I Won't list a11 of 237  STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 these. Then there are a number of curriculam mandakes. Those include the avoidance af child abduction, AIDS instruction, physical and legal effects of drug and alcohol use, benefits of sexual abstinence until marriage. There are a number of commemorative school holidays. too, that require ehe schools to provide inseruction on the commemorative -- commemorated person or event. Then we bave a number of items which are under considerakion during this Session, and including increasing the compulsory school attendance age, the BHE admission reguirements that wetve talked about earlier today, and then increaskng minkmum salaries for teachers. Senator, I Would not guarantee thatfs a full list, but at least it represents many of them that would be affected.

Senator Bertan.

And what's the definition of ''fully fundf'?

Senator Etheredge.

Senator, think that it would be up to the General Assembly to identify what we determine to be a full-funding figure.And then, if we did not appropriate that amount of money, then ke Would not be fully funding the mandate.

senator Berman .

Thank you. The trouble is that if the bill passes g it's not goinq to be up to us to say what's fully funded . It's going to be up to every school board. And in tbe list that you listed, I didnlt hear anything Ehere that anybody here - or not many of us would stand up and say the children should not be instructed on . 238  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Over half the money that -- over two-thirds of the money that We appropriate is in General State Aid. And you know that every year when *e allocate money between the cateqoricals and the General State Aidz we try to respond in General State Aid money to the school districts. Now they can 't have lt both ways. By -- for them to define what's fully funded and then ask for maximum funding through General State Aid - it's it's an anomaly. I think that this is a bad bill. I have discussed With the mandates -- let's see what do we call that -- SMART - State Mandates Act Rights Task Force - hoW to line item the ones that really ought to be remained. And I thlnk that your seatmate to your left -- his own task force indicated khat there ought to be a cut based on the -- the program, rather than on the question of just the funding. So I urge a No vote on khis bill.

Further discussion? Senator Mahar.

Thank you. A question of the speaker.

Ik 's a question of the sponsor? SENATUR MAHAR1 Sponsor. I'm sorry.

Indicates he will yield.

Thank you very much.

Speakerls across the hall; I have trouble gettkng to hkm.

Thank you for clarifying that, Mr. President. Senator Etheredge, you went khrough your listz and I didn't hear whether this, and maybe you could tell me# Whether this affects the 239  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 physical education mandate.

Senator Etheredge.

No, Senatorg it would not.

All right. Ladies and Gentlemenz Ifm told ke have some special guesks up in the gallery on *he Republican side - a group of young people from the Skinner School, and I Would ask that they stand and be welcomed to Sprinqfield. A11 right. Further discussion? Senator Etheredge, you wish to close?

Thank you very much. would ask you to support this legislation. This is a topic that we have dealt with earlier on. I believe this is an idea whose time has come, and I would request a favozable roll call.

Queskion is, shall Senate Bill 537 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who Wish? Have all voted who Wish? Have all voted who Wish? Have all voted who wish? Take the reeord. 0n that questlon, there are 32 Ayes, 23 Nays: none votin: present. Senate Bill 537, having recekved the requkred constitutional majority, is declared passed. 543. Senator Brookins. Read the billg Madam Secretary.

Senate Bil1 543. (Secretary reads title of khe bill) 3rd Reading of the bill.

Senator Brookins.

Thank you, Mr. president. This bill divides Cook County into 240  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26# 1989 eight judicial circuits. Eighteen districts. I ask for a favorable vote. PRESIDENT ROCKt Any discussion? Is there any discussion? Senator Keats.

Am the only light? Great bill. We 're with you, Howard. Thanks. Please vote Yes.

Question is, shall Senate Bk11 543 pass. Those kn favor vote Ayee Those opposed, vote Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have a1l voted who wish? Take the reeord. On that question, there are 41 Ayes, 15 Nays, 2 voting Present. Senake Bill 543, having reeeived the required constitutional majority: is declared passed. Top of Page l0. Itss now 4200 o'clock and we have five more pages to :o. Senate Bill 5-5-9. Senator Philip. Read the bill, Madam Secretary.

Senate Bill 5-5-9. (Secretary reads title of b:ll) 3rd Reading of the bill.

Senator Philip.

Thank you, Mr. Presidentw Ladies and Gentlemen of the Senate. senate Bill 559 sends up -- sets up a pilot project, one in Cook and one in Dupage County, to be selected by the chief judges in both of those circuit. What it does is permik drug kesting to the defendants Who have been charged with a felony offense involved in a controlled substanceg kho have eonsented to testing as a condition of bail. They do this in Washington, D.C.; it's been very successful. 1,11 ask -- be happy to answer any questions, and ask for a favorable vote. 24l  STATE OP ILLINUIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

Discussion? If not, questlon is, shall Senate Bill 5-5-9 pass. Those in favor, vote Aye. Opposed, vote Nay. The votkng is open. Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On thak question, there are 52 Ayes, 1 Nay, l votàng Present. 53 Ayes, 1 Nayz 1 voting Present. Senate Bill 559, having received the required constitutional majority, is declared passed. 563. Senator Maitland. 564. Senator Philip. On the Order of Senate Bills 2nd Reading -- 3rd Reading is Senate Bill 564. Read the bill.

Senate Bil1 564. tsecretary reads title of bill) 3rd Reading of the bill.

Senator Philip.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 564, as amended - and Senator Demuzio's amendment went on, Which took out the Democrat Party al1 it says is that nominating petitions can be filed at the same time for office. What Ifm talking aboue are delegate and alternate delegate. Be happy to answer any questions. It certainly makes it easier for precinct captains and precinct committeemen. Thank you.

Queseion is, shall Senate Bill 564 pass. Those in favor, vote Aye. Opposed, vote Nay. The votins's open. Have al1 voted Who Wish? Have all voted Who wish? Have a1l voted Who wish? Take the record. On that question: there are 49 Ayesz 3 Nays, none voting Present. Senate Bill 564, having received the required constitutional majorityy is declared passed. Senator Jaeobs. 572. Read the bill, Madam Secretary, please. 242  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989

Senate Bill 572. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Jacobs.

Thank you, Mr. Chairman, Ladies and Centlemen of the Senate. We're not going to be a long time on this. think sent everyone a copy of the amendmentz and a lkttle packet of newspaper clippings in regards to..oriverboat gambling . And We have had a lot of discussion on this and a lot of media mention, but 1et me do somethin: Ilve never done before. For my argument, Ilm goin: to use a newspaper, about five paragraphs out of a newspaper, and it's not going to' be one of the Chicago newspapers, or the Washington Postz or anyone else who has covered this. This is a qood o1d southern Illlnois conservative neWspaper, The Southern Illinoisan. Southern Illinoisan states that ''Daniel Webster once suggested there's no evil in compromise, so long as the compromise isn't with evil.'l As the goal of this bill is less to give sin a foothold than dying towns a toehold, we ouqht not to reject the idea without giving it some thought first. This bill sets out a rigorous plan for regulating riverboat gambling. Cash would not be allowed in wagerin: areas. Minors would be prohibited . Specific financial records would have to be kept. Bonds would have to be filed. Gambling would not be allowed on boats permanently docked. And boats Would be subject to search by police without warrants. Many regulations would follow if the bill were passed. A number of Illinois communities, in regard to tourism , could use some of that, not the least of which is Cairo, a river town that needs a economic boost if there ever was one. In fact, river towns a1l along southern Illinoisy two shore lines 243  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 could arm... who could well use a shot in the tourism arm. Excursion boats cruising up and down the Mississippi River might be just the ticket. Iowa has just embarked on such a venture by passing a law on which this bill is modeled. Not known for loose morals, Iowans will be doing in April of 1991 What welre just beginning to think about. If citizens in Cairo and elsewhere think this would be one way to boost tourism without compromising some firmly held beliefs on right and wrong, the rest of southern Illinois ought to be solidly behind them. I ask for a favorable vote.

Discussion? Senakor Schuneman. SENATOR SCHUNEMANI Thank you, Mr. President, Ladies and Gentlemen of the Senate. I really hadnlt decided until just very recently how I was going to vote on this bill. I...during the time I've been in the General Assembly, I've opposed most gamblin: bills, feeling that the Lottery in particular, brings maybe more problems than it...than it does solve anythlnq. But this particular issue: particularly for those of us who live along the western side of the State, I think becomes an economic one. Now that Iowa has adopted riverboat gambling, we see them ready to begin to move into that kourism and rlverboat actlvity that will ensue. And I think we'd be doinq a real harm to the Illinois quad cities, in parkicular: if we failed to allow them to compete With Iowa and with the Iowa guad cities. So on the basis of strictly khe economics involved, I'm going to be supporting this bill.

Question is, shall Senate Bill 572 pass. Those in favore vote Aye. Opposed: vote Nay. The voting ls open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. 0n that question, there are 45 Ayes: 10 Nays, 3 244  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 voting Present. Senate Bill 572: having received the required constitutional majority, is declared passed. 575. Senator Jacobs. Senator Jacobs. Read the b11l, Madam Ksie> Secretary.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 575. (Secretary reads title of bil1) 3rd Reading of the bill.

Senator Jacobs.

Yes. With permissione I would like to name Tom Dunn as chief sponsor of this bill.

All right. Gentleman seeks leave to show Senator Dunn as the chief sponsor of 575. Without objeetion, leave is granted. Senator Dunn.

Thank you -- thank you, Mr. President. This bill is identical to the last billy except that it gives the same righks to the Des Plaines River in Will County. I urge adoption.

Discussion? Senator Karpiel.

Thank you, Mr. President. Senator Dunnw is the Des Plaines River deep enough to -- to do this?

Senator Dunn.

Ezerything that starts at the Gulf of Rexico and goes to the port of Chicago comes through the Des Plaines River, Senator.

Further discussion? If notz question is, shall Senate Bill 245  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 575 pass. Those in favor Will vote Aye. Opposed kill vote Nay, and the voting is open. Have a1l voted who wish? Have all voted Who wish? Have a11 voted who wish? Take the record. On that questione there are 35 Ayes -- 36 Ayes, 18 Nays, 2 voting Present. Senate Bill 575, having received the requlred constieutional majority, is declared passed. Senator Kustra: on 579. Read the bill.

ACTING SECRETARY: (MR. NAQRY) Senate Bill 579. (Secretary reads title of bill) 3rd Reading of the bill.

Senator D'Arco, for what purpose do you arise, sir?

Thank you, Mr. President. T filed a Motion in Writing to recommit Senate Bill 579 to the Transportation Committee. And at this time, I would ask that that motion be heard.

All right. That motion is in order, under Rule 34. It says quite specifically the Motion to Commik or Recommitz until it is decided, shall preclude al1 amendments and debate on the main question. So I presume that What We ought to do is go to the motion and then -- Senator Kustra.

How many votes does it require, Mr. President? PRESIDENT ROCMZ Thirty votes.

Yeah. Mr. President. At this time, I Would just say that this bill has been laying on the Calendar noW for I don't know hoW many days. It's no secret. I planned nothing other than to give my pitch on a bill and move on. Al1 day long the beer lobby has 246  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 been gorking their tails off, and now in the eleventb hour' you're going to allow a Motion to Reconsider? I mean I I don't understand this -- khis is not fair. You can go ahead and take your vote, but I would hope that at least the Members of my side of the aisle - and I would hope those fair-minded people on the other side of the aisle-would let this bill be debated. This is not fair to 1et one lobby use its influence in the eleventh hour of this Session like this. It isn't fair. The bill should at least be debated. And I would ask for your support on the moeion. Please vote against the Mokion to Recommit. I have all the evidence. There's no studies. They're talkin: about some skudy that's coming out. I've got five studàes I ean show you . PRESIDENT ROC:: Yes. I understand. I understand. Senator Kustra, why don't we wait unkil we get into it. Al1 right. Read the motion, Mr. Secretary, please.

ACTING SECRETARY: (MR. NûDRï) We, the undersigneds move to commit Senate Bill 579 to the Senate Committee on Transportatkon. Signed by Senators John D'Arco, William O'Daniel and Denny Jacobs.

Senator D'Arco.

Thank you, Mr. President. And the fact of the matter is that Ehere is a study, by the Federal Government: that is coming out in February of next year. The beginning of next year, the study will be concluded, and it will deeermine what is the proper alcohol content to determine When a person is considered to be driving under the influence. That's a fact. I'm not making that up. That's the truth. And we haven't conducted any studàes in Illinois, as of late. The last study was eonducted by the State Police: and they decided on the 1.0 level that is the present law . 247  STATB 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 37th Legislakive Day May 26. 1989 Now what is proper? Is it .087 .85? .95? There 's no way to determine this without a proper study. And that's why this bill should be recommitted untll a determination has been made. That's all this does. There's nothing wrong With this.

Discussion on the motion? Senator Kustra.

Well, Senator D'Arco, you want studies. I've got seudies. We do not need one more study to dekermine this issue. Why don 't we start with the American Medical Association? Vou know What they said the blood alcohol content ought be? .05. This is a moderate approach to whae the AMA in 1981 sald ought to be the proper blood alcohol content level. .05. Or maybe you want to talk about the U.S. Surgeon General. He's done his study. He's made his recommendation. He says .08. Or hoW about the National Safety Council? bet's talk about the Nakional Safety Council. .08. Or letfs talk about a State Police quote, our own Illinois State Police: Senaeor D 'Arco.

Senator Savickas, for what purpose do you arise?

Point of order -- point of order, Mr. President.

ïes sir. State your point.

Are We debating the bill or ehe motion?

The motion (inaudiblel...

... tinaudibte) debaeable on the motion itselr. PRESIDEN: ROCK: The motion is debatable. Senator Kustra. 248  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 37th Legislative Day May 26, 1989

Thank you, Mr. President. And all I am doinge of course, is responding to a motion, which is based on some conclusion that there has to be one more study. And let me just read you, and then I will will finish this is *he State Police: nThe difference between .10 and .08 for an average one-hundred-and-eighty-pound man is the difference between drinking about seven twelve-ounce beers over two period -- over a two-hour period, and consuming about six beers over the same time period.'' This is not an unreasonable approach. We're not talking abouk cutting anybody out. Por one thing, you have to understand that this proposal is only dealing with people when they are drlving. So -- mean, don't what everybody is getting so exeited for. I can even show you that the beer distributors, which is passing out this sheet of paper, have inaccurately read the tWo cbarts. They haven't even given you the righk information. don't think they did that on purpose. They canlt read the damn chart. Here's one from the State Police, and here's one from the Northwestern University Traffic Safety Institute. All I suggest to you is qive me a chance to hear khe bill, and you can hear khis stuff, then you can take your vote. 3ut this isn't fair just cut somebody oCf at the pass at the last hour, because you're afraid of a vote.

Senator Hawkinson, on the motion.

Thank you, Mr. President. I don't intend ko support this bill, because dondt believe in the Wisdom of it. But in a11 fairness to the sponsor, I think he's entitled to have the bill debated, and I will oppose the motion.

Pureher discussion on the motion? Senator Jacobs. 249  1 STATE 0F ILLINOIS 1 I I 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th L ' egislative Day May 26# 1989

Thank you: Mr. President. I -- I just Would like to eall for the question, because it's just a simple one.

I understand. Senator D'Arco, to close.

The faet of the matter &s, Mr. President and Ladies and Genelemen, this bill never had a committee hearing. We aren't -- we werenft aware in commitkee of any studies that Were conducted, relative to this issue. And When it was presented for discharge, nobody mentioned anything about what the contents of this bill was about, except that it lowered khe blood alcohol level. That was the exeent of &t. Now the fact ts, federal highkay funds are related to the proper amount that is determined by the National Science Acadeny Study that will be fortheoming in February. It's important for this State to follow *he federal re9 reqarding blood alcobol Ievel. We need to study this issue, and this issue needs to be put back in to committee for further study.

All righe. Senator D'Arco has moved to commit the Senate Bill 579 to the Committee on Transportation. Those in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have a1l voked who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that questionz there are 24 voting Aye, 31 votinq Nay, and the motion fails. On the Order of Senate Bills 3rd Reading, Senate Bill 579. Read the bill, Madam Secretary.

Senate Bill 579. (Secretary reads title of bill) 3rd Reading of the bill.

250 1 I I  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislakive Day May 26, 1989 We'll just wait till We get ' the board right. We're back on 3rd Readkng. Okay? Senator Kustra.

Thank you, Mr. President and Members of the Senate. 1'11 try to be brief. I khink I've made most of my points. This is a proposal which has been brought to us this year by the Illinois Alcoholism and Drug Dependence Association. It is, of course, supported by the organizations of MADD and SADD. But mosE importantly, it is a proposal of the Governor's own DUI Task Force. The .08 is the medically accepted standard which the AMA found a few years ago to be the one We ought to be adopting. It is also the one which they are recommending. think the issue here is really one of impairment. At wbat point are you impaired when you're driving an automobile? .08 is not a radical position. You miqht argue that .05 is. 7ou might argue that .04 is. One study, that I didn't even mention before, says that truck drivers shouldn't be driving if they are over .04. That applies to truck drivers and bus drivers. That's a national study. In facte interestingly enough, Senator D'Arcoy it's the National Academy of Sciences, which is the same outfit that's going to do the study that.n that the beer lobby seems eo be Waiting for. The fact of the matter is that I have tried to presenk a bill that is reasonable, a bill that deals With impairment While drivinq . I Would suggest to you that all wedre doing by this bill is adopting what às a very moderate approach. I've already given you the numbers on how much you can and canlt drink. These little deviceE that I have here can prove that. They're from the Illinois State Police. The State Police support that. The Illknois Department of Transporeation support this bill, and I Would also point out, I am not aware of any evidence or informaeion anywhere that says that somehow we are tied Eo some national standard. We are not. Weg as a State: can establish our own standard, and that's what I 251  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26r 1989 would ask you to do today. I ask for your favorable consideration.

Any discussion? Any diseussion? If not, the question is# shall Senate Bill 579 pass. Those in favor will vote Aye. Opposed, vote Nay . The voting is open. Have al1 voted who Wish? Have all voted who Wish? Have a1l voted who kish? Take the record. On that question, there are 28 Ayes, 21 Nays, 1 voting Present. Senate Bill 579, having failed to receive the required constitutional majority, is declared lost. 583. Senator Ruskra. On the Order of Senate Bills 3rd Readinq. Senate Bill 583. Read the bill.

Senate Bill -- Senate Bill 583. (Secretary reads title of bill) 3rd Readinq of the bill.

Senator Kustra.

Thank you, Mr. President. This bill I did discuss the okher day on the Motions to Discharge. It's the bill that bans the sale of individual cans of alcohol, and this is the bill that has also been been discussed by the retailers, the distributors, the petroleum marketers: and as far as I know, it's an agreed bill, and they're a11 on board, and I would ask for your favorable consideration.

Any discussion? Senator Hawkinson.

Will the sponsor yield for a question?

Indicates he Will yield, Senator Hawkinson.

252  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Senakor, I was under the same understanding. However, it was just pointed out to me that in our analysis - our analysis says units greater than six, whlch would seem to exclude a normal six-pack. Is that the language of the anendmentz or does the amendment allow for units of six to be -- to be sold: which is the standard unit?

Senator Xustra.

Yes. It does allow units of six to be sold. That's the amendment righk here.

Eurther dtscussion? If not, the question iswshall Senate Bil1 583 pass. Those in favor, vote Aye. Opposedr vote Nay. The voting's open. A1l voted Who wish? All voted Who wish? Al1 voted who wish? Take the record. On that questlon, khere are 51 Ayes, 3 Nays, none votin: Present. Senate Bill 583, having received the required constitutional majority, is declared passed. 588. Senator Netseh. On the Order of Senate Bills 3rd Reading. Middle of Page l0. Ladies and Gentlemen, We have a hundred and fourteen bills yet to go, and we have handled a hundred and two, thus far today. On the Order of Senate Bills 3rd Reading, Senate Bill 588. Read the bill. SECRETAR: HAWKER : Senate Bill 588. (Secretary reads kitle of bill) 3rd Reading of the bill.

Senator Netsch.

Thank you, Mr. President. Senator DeAngelis and I are the co-sponsors of this bill, which resulted from the work of the Task 253  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Porce on Tax Delinquent Properties, basically consiseing of the Campaign for Responsible Ownership and Chicago United. It deals wieh kax delincuent properties and the scavenger salez although i* applies generally Statewide. Por al1 practkcal purposes, its primary application is in Cook County, whkch is the one county that -- effect -- or not effectively, but does use khe scavenger sale. Itês an aktempt to get rid of a lot of practices that have made that device for gettinq property back on to the tax rolls, not effective; and indeed, subject to a great deal of fraud and abuse. Let me read you two sentences. I am not goin: to go through the detakled provisions of the bill. Senator DeAngelis and I had passed out earlier a fact sheet, which you are more than welcome to look at. This is two sentences from the letter: 'lThe three organizations Chicago United, Task Porce on Delinquent Properties, and the Campaign for Responsible Ownership, represene business, civie, government housing and economic development groups from Chieago and Cook County, who are concerned about the growing problems of tax delinquent properties in Chicago. Senate Bill 588 addresses serious problems with this system in Cook County, and it primarily seeks to avoid that fraud and abuse in the scavenger sale.'' We would be happy to answer guestions. If not, We would urgently suggest that you vote Yes.

PRESIDING OFPICER: (SENATOR DEMUZIO) Discussion? If not: the question is# shall Senate Bill 588 pass. Those in favor will vote Aye. Those opposedr Nay. The voting is open. Have all voted who Wish? Have all voted Who wàsh? Have al1 voted who wish? Take the record. On khat question, the Ayes are 54, the Nays are 2, none voting Present. Senate Bill 588, havin: recekved the required constitutlonal majority, is deelared passed. Senator Collins, for what purpose do you arise?

254  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Senator -- Mr. President, I -- accidentally punched my switch the wrong way on Senate Bill 572, and I would like to recorded as a No.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, the electronic device Will indicate. Senate Bills 3rd Reading. Senate Bill 590. On the Order of Senate Bills 3rd Reading, Senate Bill 5-9-0, Mr. Secretary.

ACTING SECRETARX: (MR. WAQRY) Senate Bk11 590. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Mahar.

Thank you, Mr. President. Senate Bill b90 require: a periodic drug and alcohol testing of employees who are directly responsible for the generation, transportation or handling of toxia and radioackive waste. The bill defines the type of Waste Which is only that which is the most hazardous. In Illknoks there are, believe or Will be - eight power plants generating high-level waste, and about two hundred and fifty at loW level. Six carriers in one store. The Act is not intended to include wholesale testing of these employeesp but only those that are directly involved -- directly in the proximity, driving the vehicles, running the reactor, operatinq the equipment, et cetera. The seope îs lkmkted. The program will be developed by DASA and implemented by Public Hea1th. The cost of each test will be borne by the company. The focus is to find the employee vho is abusing alcohol or drugs, and provide help before a catastrophe can occur. Counseling is strongly recommended. Any fees or finese I'm sorry: against employee, have been removed.

PRESIDING OFFICER: (SENATOR DEMUZIO) 255  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislakive Day May 26, 1989 Discussion? If not, the question is, shall Senate Bill 590 pass. Those in favor will vote Aye. Those opposed, Nay . The voting is open. Have a1l voted Who wish? Have a1l voted who wish? Have al1 voted who wish? lake the record. On that question, the Ayes are 59g the Nays are none: none voting Present. Senate Bi1l 590, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 591, Mr. Secretary.

ACTING SECRETARX: (MR. WAPRY) Senate Bill 591. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Mahar.

Thank you, Mr. President. This is the, I think: the final bill in the package from the Illinois Alcohollsm and Dru: l Dependence Association, and it is very simple. It prohibits alcohol sales to drivers or passenqers from drive-up windows.

PRESIDING OFPICER: (SENATOR DEMUZIO) Discussion? If not: the question is, shall Senate Bill 5... (Machine cutoff) ...91, Senator? Whatds, -- well, apparently the - - the Calendar must be in -- in error. Apparently this bille I assume, was amended, I guess, Senator? And Calendar does not reflect, so would you -- you want to explain that again?

Yes. Thank you' Mr. President. The bill was amended on 2nd Readinge and I'n not exactly sure Why the Calendar reflects whae originally was the original bill. Butz once again: it's the -- it prohibies aleohol sales to drivers or -- drivers and passengers from drive-up windows.

PRESIDING OFPICER: (SENATOR DEMUZIO) 256  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Discussion? Senator Jerome Joyce.

Yes. Thank youw Mr. President. I had a group of handicapped people in my office the other day: and they raised a question about thàs. You know, how can they, you know - they have to park somewhere and :et ouk - and right nowg you know, and am very serious about this. They said this is a real problem for them. How are you qoing to deal with that?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Mahar.

Well, thank you, Mr. President. I'm -- quite frankly, I you knowe northeast Illinois -- I don't know of any of these places vhere they have drive-up windows. I would don't know ho% they're dokng that now. I assume theydre somehow getting out of their vehieles and patronizing these liquor -- package liquor licensees.

PRESIDING OFFICER: (SENATQR DEMUZIO) Senator Joyce.

Did I hear you correctlyg in northeast Illinois, there aren't any of these, and that's in your district? Then why are you passing this bill?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Mahar.

I Was asked to be a sponsor of several bills from the package of bills introduced on behalf of the Illinois Association -- or ehe Illinois Alcoholism and Drug Dependence AsEociation. Thls happens to be one of them, and I1m glad to sponsor it.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senatar Joyce. 257  STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

Well: -- you knowz here's -- here's a group our society that probably likes to have a beer too once and akhile. You know, maybe more than, naybe they need it more than We do. And if you're going to prohibit them from a convenience that they have ràght now, that just doesn't seem fair.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Mahar may close.

I just ask for a roll eall -- positive vote, please. PRESIDINC OFFICERI (SENATOR DEMDZIO) The question is, shall Senate Bill 59l pass. Those in favor will vote Aye. Those opposedz Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 23, the Nays are 29, none votinq Presenk. Senate Bill 591, having failed to receive the requtred constitukional majority, is declared lost. Senate Bill 592. On the Order of Senate Bills 3rd Reading is Senate Bill 592, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 592. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberg.

Thank you, Mr. President. Senate Bill 592 staees that the membership of boards of education service centers serving Class I and 11 county school units shall contain five classroom teachers. It was amended from what originally went through eommittee, Which was a majority oc the members would be teachers. This is less than a majorlty. Pive is not too large a number for a eenter that 258  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26e 1989 really is controlling the in-service training for those teachers.

PRESIDING OFPICER: (SENATOR DCMDZIO) Further discussion? If not, the question is# shall Senate Bill 592 pass. Those in favor will vote Aye. Those opposed, Nay. The voking is open. Have all voted Who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 43y the Nays -- be9 your pardon: on that question, the Ayes are 46, the Nays are 7, none voting Present. Senate Bill 592, having received the required constitutional majority, is declared passed. On khe Order of Senate Bills 3rd Reading is Senate Bill 526 -- 596. Mr. Secretary, read the bill. 596.

ACTINC SECRETARY: (MR. NAARY) Senate Bill 596. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senaeor Raica. SENATOR RAICAI Thank you, Mr. President, Ladies and Gentlemen of the Senate . What this bill does is it amends the Retailers Occupation Tax Act to provide that a business that's located within an enterprise zone, which invests a minimum of forty million dollars into the State and retains at least ninety percent of their base employment, are eligible for a sales kax exemption or tangible personal property use in manufacturing or pollu*ion control facilities. This is jusk drafted to reetify inequity in the enterprise zone law. We've had numerous amount of meetinss With DCCA, Deparement of Revenuew with AFL-CIO, DAW, United Steel Workers, and this was agreed to, I guess -- or Ry understanding is Revenue at the present time is the only one -- is not in favor. All the other parties have agreed to# including IMA: and I ask 259  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Diseussion? Question is, shall -- Senator Netsch.

Thank you. Senator Raica, I'm not sure if you said in this presentation - I couldn't hear everything - that it is particularly designed for a company that is in the Chicago area. Did you say that? I'm sorry.

PRESIDING OFFICER: (SENATOR DCMUZIO) Senator Raica.

did not. Itfs -- it's the Reynolds Aluminum Facility in Mccook, but with this piece of legislation or proposed piece of le:islation, there would be thirteen other businesses, or twelve other businesses ehat Would fall into this category.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch.

Thank you, Mr. President. One other quick point. not a great fan of enterprise zones. I think theyfve been somewhat oversold, or at least we don't track them closely enough. But I think the exception that Senator Raica is suggesting here: probably makes as much sense as at least some other parts of the standards that have to be met. It's not just that itls a nknety-pereent job retention, but it does require a forty-million-dollar investment in order to qualify. And it seems to me that that makes as much sense in an enterprise zone as any of the other standards that are already written there.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Raica may elose.

Thank youe Mr. President. I would -- everybody Worked hard on 260  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 this -- on this piece, in gektin: something that Was agreed to by all, and I just ask for your favorable support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is# shall Senate Bill 596 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who Wish? Have all voted who Wish? Have a11 voted who wish? Take the reeord. On that question, the Ayes are 56, the Nays are 1, none votin: Present. Senate Bill 596: having received the required constitutional majority, is declared passed. 601. On the Order of Senate Bills 3rd Reading is Senate Bill 601, Mr. Secretary.

ACTING SECRETARY: (MR. WAPRY) Senate Bill 601. (Secretary reads title of bi11) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENAQOR DEMUZIO) Senator Barkhausen.

Mr. President and Members. Senate Bill 601 merely authorizes the county board, under the amendment - it's limiked to Lake Counky, as requested by my colleagues - to -- to raise the county law library fee from a maximum of six dollars to a maximum of ten dollars per case filinq. I ask for your support.

PRESIDING OPFICER: (SENATOR DEMDZIO) Discussion? Question 1s, shall Senate Bill 60l pass. Those in favor will vote Aye. Those opposede Nay. The voting ls open. Have all voted who Wish? Have all voted who wish? Have al1 voted who wish? Take the record. on that question, the Ayes are 48, the Nays are 47 none voting Present. Senate Bill 601, havin: received the required constitutional majority, is declared passed. Senate Bills 3rd Readinq is Senate Bill 6-1-3, Mr. Secretary. Would you read the bill, please. 261  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

ACTING SECRETARY: (MR. NADRY) Senate Bill 613. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SSNATOR DEMUZIO) Senator Collins.

Mr. President and Members of the Senate, this bill is an aktempE to address the problems of addicted children and eheir mothers. This bill has been worked on over the past six months with the cooperation with the Department of Children and Family Services. Public Health has been involved. DASA has been involved, and and I think that it's a very good comprehensive piece of legislation. The money's already been allocated in the Governor's budget through DASA for qrants for this early intervention and identification of mothers who are pregnan: and addieted. To -- to hopefully insure that children are not born addicted, this bill grants the Department of Children and Family Services the legal authority, which they do not have now, to intervene afeer a child has been born addicted. It also provides for screening of high-risk children after the babyfs born to a mother that is knoWn to be addiceed, so tbat it can avoid the problem of mothers taking children home and finding out later that they, too, are addicted. I will be happy to answer any questions. The bill has the support of all of the women in the Chamber. I'm proud to say that this year. I think this is the only blll. And I would ask for a favorable roll call.

PRESIDING OFFICER: (SESATOR DEMUZIO) All right. Is there discussion? Polnt out thak 603 we skipped' because it was on the Recall List this morning. Discussion, With respect to 613? Senator Kelly.

262  STATE OF ILLINOIS 86th GSNERAL ASSKMBLY REGULAR SESSION SENA'E TRANSCRIPT 37th Legislatkve Day May 26, 1989 Yes. Mr. President: initially had some deep concerns about this bill. But in consulting kith the Coalition for the Right to Life, I'm advised that this bill is a good bill. And I'm therefore qoing to support Gettin: that information from them, I think, adds to my knowledge on this bill. And I think it's a good bill.

PRESIDING OPPICER: (SENATOR DEMUZIO) Further discussion? Senator Holmberg.

Thank your Mr. President. I'm pleased to join Senator Collins on this bill. This problem is not confined ko the borders of Chicago. We, too, in Rockford, have been in the limelight in ehe last months because of our problems. And this bill, I believee is going at the problem in the correct way, in trying to give belp to the mother who's pregnant and addicted. And I strongly support the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Further discussion? Senator Macdonald.

1, too, would like eo echo Senator Holmberg's remarks and say thak bhis is not an isolated problem, and I am very proud to be a -- a eo-sponsor of this bill.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Geo-Karis. Senator -- nobody else -- the question is, shall Senate Bill 6-1-3 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wksh? Have all voted who wlsh? Have all voted who wish? Take the reeord. On that questkon, the Ayes are 52, the -- now on that question , the Ayes are 54, the Nays are 5, none voting Present. Senate Bàll 613, havin: received the required constitutional majority, is declared passed. On the Order of Senate Bills 3rd Reading, at the bottom of the page, is Senate Sill 615, Mr. Secretary. Read the bill. 263  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37*h Legislative Day May 26: 1989

ACTING SECRETARY: (MR. HARRY) Senate Bill 615. (Secretary reads title of bill) 3rd Reading of the bill.

PRCSIDING OFFICER: (SENATOR DEMUZIO) Senator Collins. Senator Collins.

Yes. Thank you, Mr. President and Members -- and Members of the Senate. Senate Bill 615 is an attempt to make the school -- Chicago School Reform Work. Because withouk discipline in the classrooms and in the schoolsz we most certainly Will not be able to improve the quality of education. Currently, under the presene systems, children under the age of sixteen and under: under the compulsory school attendant aqe, can, in fact, be suspended from school on minor type charges. And it is my belief, and many pthers' belief, that children should not be expelled from school. That the school should provide and go back to What they used to do some time ago. Provisions within the schools for in-school suspension of those children that are -- are experiencing some problems With disciplines in the school. And for those students who cannot be -- Work within that structured process of in-school suspension, that separate school be set up to deal with those children with more intense types of soeial services, and also more Work with the parent. I would be happy to answer any questions. If not, would ask for a favorable roll call. This bill is only related to City of Chicago.

PRESIDING OFFICER: (SENATOR DEMOZIO) Discussion? Senator Kustra.

Well, thank you, Mr. President. If could just comment withouk geteing into a dialogue With Senator Qollins. Senator Collins: I have two problems with the blll. First of all, rêm not 264  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 so sure wbether policywisew this is a good idea for us trying to second-guess the folks in Chicago on this issue and limiting whak they miqht want to do with their students. Secondly, it seems like this flies ràght in the face of Chicago School Reform. We spent a lot of time down here last year, trying to give the local school councils all this authority, and now welre sitting here in Springfield passing a law, trying to decide When a kid should or shouldn 't get -- gek kicked out. Let's 1et that to the local school council, and letls get out of this business. Thatls what local controlls about in every other school district in the State, and it ought to be the sane for Chicago.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins may close.

Xes. Thank you. To answer the Gentleman's question, this bill -- the amendment is drafted and original bill gives the local school council the authority to be directly involved in this process, establishing due process hearings and et cetera, and I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 615 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have a1l voted who Wish? Have al1 voted who wish? Have al1 voted Who wish? Take the record. On that question, the Ayes are 29, the Nays are 29. SenaEe Bill 615, havlng failed to receive the required constitutional majoritye is declared lost. Page ll. Senate Bill 616. Senator Collins. On the Order of Senate Bills 3rd Reading, Senate Bill 616, Mr. Secretary.

ACTING SECRETARY: (MR. NADRY) Senate Bill 616. (Secretary reads title of bill) 265  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26. 1989 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins.

Thank you, Mr. President and Members of the Senate. Senate Bill 6l6 is an attempt to address a very critical problem, and it is called the Homeless Prevention Act. It I've been Working with DCCA over the past several monkhs on this bill. They've been very supportive and they do support the bill. The bill is narrowly defined ko poor low-income peoplew and priority will be given for loans for those persons who are evicted under court orders. What the bill does, it establish grants for those persons up to five hundred dollars for payin: of rent, security deposits, or for security deposits on utilities. It's only five hundred dollars, and the grant is administered through DCCA to local agencies -- nonprofit agencies who are currently now involved in dealing with the problems of the homeless. The bill also provides, Which DCCA amended, provisions for those local groups to recoup the deposits, once the person terminaees the lease agreements or move out of that apartment. That they *i11, in fact, go back into a fund, and the fund would be like a revolving trust fund, so that other people would be able to take advantage. I would be happy to answer any questions. If not, I would move for a favorable roll call. PRESIDING OPFICERI (SENATOR DEMUZIO) Discusslon? Senator Karplel.

Well, thank youg Mr. President. I rise in opposition to this billr and I do have some questions, but I -- I -- in the interest of time, 1'11 just say that DCCA is already providin: this program on a smaller scale, but they are already providing it with federal funds. Knd we just passed, last night: a very lengthy bkll on 266  STATE OF ILLINOIS 86th CENERAL ASSCMBL; REGULAR SESSION SENATE TRANSCRIPT 37th Legislakive Day May 26, 1989 affordable housing for rural, urban, suburban everywhere in the State, veterans, farmers, everybody. don't think we need another bill without a funding source, and I oppose this bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Collins may close.

The estimated cost of this bill, by DCCAZ on the fiscal note, was only -- welre talking about -- about a million and a half dollars. I donlt think this bill has anything to do with affordable housing. Juse in case it doesn't pass, there's nothing wrong with sending this bill to the Governor's Desk. It would most certainly save us a 1ot of money, kf We prevent people from becoming homeless.

PRESIDINC OFPICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 616 pass. 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? Have a11 voted Who wish? Have all voted who Wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 27, the Nays are 29, none votin: Present. Senate Bill 616, having failed to received the required conseitutional majority, is declared lost. Senate Bill 630. NoW this was on the Recall List this morning, but the amendment failed. Therefore, we are in the process of proceeding under our rules. Senate Bill 630. Senator Welch. Mr. Secretary. On the Order of Senake Bills 3rd Reading, senate Bil1 G30.

ACTING SECRETARV: (MR. HADRY) Senate Bill 630. (Secreeary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Weleh. 267  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989

I would ask that this bill be re-referred to the Committee on Energy and Environment.

PRESIDING OPFICER: (SENATOR DEMUZIO) A1l right. Senator Welch requests Senate Bill 630 be referred to the Enerqy -- Committee on Energy and Environmene. So ordered. 631. Senator Welch. On the Order of Senate Bills 3rd Reading is Senate Bi11 631. Mr. Secretarye please.

ACTING SECRETARY: (MR. NAPRY) Senate 3i11 631. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. This is the bill that we spoke about quite extensively in the last two weeks, concerning the cleanup of -- the remedy to the Lenz Oi1 eleanup case. What this bill is going to do is to create a fund that's going to be used for small generators, so that they don't get in a situation of sending waste oil through an authorized pickup truck, or pickup authority, and send it to a waste dump, only to find out that a small generator becomes liable for that individual's neqligence. The bill is going to impose a one-cent tax on a quart of okl. And we expect the fund to raise about three hundred and fifty thousand dollars. Inoividuak small generators, which is defined as under one million dollars in gross incomee W111 be able to tap into that fund to relieve themselves of liability under this Act. I would be glad to answer any questions.

PRESIDING OFFICER: (SENATOR DEMDZIO) Dlscussion? Senator Schuneman.

268  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatize Day May 26, 1989 Question of the sponsor, Kr. Preskdent.

PRESIDING OPFICER: (SENATOR DEMUZIO) Sponsor indicates he will yield. Senator -- Senator Schuneman.

Senator, one of the problems I think in khe Lenz Oi1 case Was thae, people Who are described as generators in that case - any oil stations and garages and farm implement companies - were disposing of their products by giving them to haulers who were ltcensed by the State of Illfnois. One of the problems, I thinky was that thae obviously the State Was negligent in licensing the wrong people. Either not requiring the kind of financial information they needed or by checking Where those products go. Is there anything in this bill that would -- would strengthen thae activity?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch.

Senator, I wasnlt able to do that, because mainly -- mainly the EPA needs more funds. What I'm hoping to do, is by using the fund that's created with this, to let the EPA tap into some of those funds to do the investigation of those Waste haulers that do receive licenses.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- Senator Schuneman.

Well, Senator, it surely wouldn 't take very much in EPA funds to require a financial statement from anybody that's -- that asks for a license to cart this stufE around the State. That%s no bi: deal. Can I have your assurance that you 'll try to do somethinq like that? I think that's what precipitated the entire Lenz Oil ca se . 269  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch.

Sure, I'd be glad to add ehat in the Houser Senator.

PRESIDING OPFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill -- further discussion? Question is, shall Senate Bill 63l pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who wish? Have all voted who wish? Have a1l voted who Wish? Take the record. On that question, the Ayes are 48, the Nays are 5, none voting Present. Senaee Bill 631, having received the required constitutional majority vote, is declared elected Ksic>. Senate Bills 3rd Reading is Senate Bill 633, Mr. Secretary. Read *he bill.

ACTING SECRETARX: (MR. HARRY) Senate Bill 633. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch.

Thank you. This Will increase civil penalties for violations of most of the provisions of the Environmental Protection Act, from ten khousand dollars to fifty thousand dollars. Also increases from one thousand to ten thousand dollars addktkonal fine each day the violation continues. This is a bill proposed by the Attorney Ceneral. Itls in response to several situations where - the example would be the Exxon Valdez oil spill - we would only be able to fine those people ten thousand dollars per day for that spill. I Would be glad to answer any questkons.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Question is, shall Senate Bill 633 pass. Those 270  STATE 0P ILLINOIS 86th GENERAL ASSEMBLï REGULAR SESSION SENA'E TRANSCRIPT 37th Legislative Day May 26, 1989 in favor kill vote Aye. Those opposedy Nay. 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, the Ayes are 56# the Nays are nonee none voking Present. Senate Bill 633, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading -- Senate Bill 635, Mr. Secretary.

ACTING SECRETARY: (MR. HAKRX) Senate Bill 635. (Secretary reads tktle of bitl) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Welch.

Thank you: Mr. President. This bill is a bill to allow for the recyclin: of lead - acid batteries. The way it does that is by reguiring a five-dollar fee or credie if the battery is returned on all lead-acid batteries. Requires retailers and Wholesalers to accept used batteries, excluding the sale of vehicles and machines With installed batteries from the requirement. This bill did have some opposition from the merchants association. They have withdrawn their opposition, as I understand it. I'd be glad to try to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Etheredge.

Thank youy Mr. President. I -- Senakor, Ehere was an earlier -- or another version of this bill that I liked better, Which had no fee in it. Would you be willing to amend this over in the Rouse side to eliminate that fee?

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Welch.

27l  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26w 1989 Well, I -- I think that if we remove the feer khe bill would probably be meaninglessz Senator. I think the fee is necessary, number one, to allow for the deposit to be returned to an individual When they brinq the battery back. Otherwise, there wouldn'k be an incentive. So...

PRESIDING OPFICER: (SENATOR DEMUZIO) Further discussion? Senator -- Senator Macdonald. SENATOR MACDONALD) Will the sponsor yield? Senator Welch, in the event - and I can't envision just what that Would be - but in the event that a person went to buy a battery and did not have a battery to turn in, would they then have to pay a five-dollar -- how -- is that addressed in the bill?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch.

Yes. They would pay a five-dollar fee, but when they turned the battery in, they would 9et a five-dollar credit on the new battery that they purchased. So each battery would in effect, be carrying a deposit, perhaps similar to a bottle deposit. PRESIDING OFFICER: (SENATOR DEMPZIOI Further discussion? Senator Welch. The question is, shall Senate Bi1l 635 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who Wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 37. Ehe Nays are 16, 1 voting Present. Senate Bill 635: having received the required constitutional majority, is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bill 636, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bil1 636. (Secretary reads title of bill) 272  STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. What this bill is going to do is to allow for two municipalities or more to combine to apply for a grant from Energy and Natural Resources Department. In a bill we passed last year, we created a fund fDr towns to apply for grants. The towns had to be tuenty thousand or more. Some towns, such as the tuo towns come from, Lasalle and Peru, wanted to apply for a grant, but each one is about ten or eleven thousand people. This will allow towns to combine and apply for grants from ENR . Would be glad to answer any questions. PRESIDING OFFICERI (SENATOR DEMUZIO) Discussion? Senator Weaver.

Are We talking about 638 or 636?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. SENATOR WELCH) I beg your pardon. I wanted to hold 636, Senator. I Was ealking about 638. Youlre right.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Take 636 out of the record. 638. On the Order of Senate Bills 3rd Reading is Senate Bill 638: Mr. Secretary.

ACTING SECRETARY: (MR. HANRY) Senate Bill 638. (Secretary reads title of bill) 3rd Reading of Ehe bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

273  STATE OF ILLINOIS 86th GENERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 I would just make the same argument 1 just made.

PRESIDING OFFICER: (SENATOR DEMDZIO) Discussion? The question is, shall Senate 3i11 638 pass. Those in favor Will vote Aye. Those opposed, Nay. Have al1 voted -- take the -- all right. I'm getting punchy. Question is, shall Senate shall Senate Bill 638 pass. Those in favor will vote Aye. Thoge opposedr Nay. The voting is open. Have a1l voted Who Wish? Have all voted Who wish? Have al1 voted Who wish? Have a11 voted Who wish? Take the record. On that questiong the Ayes are 58, the Nays are none, none voting Present. Senate Bill 638, having received the required constitutional majorityr is declared passed . Senate Bills 3rd Reading is Senate Bk11 659, Mr. Secretary. Read the bill, please.

ACTING SECRETARX: (MR. HAKRX) Senate Bill 659. (Secretary reads title of the bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland. I mean, Senator Berman.

Thank you, Mr. President. This bill, as amended, is the Department of Public Health 's request for conforming Illinois School Asbestos LaW to the federal statutes. be glad to respond to any questionsp and solicit your Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, *he question lsy shall Senate Bill 659 pass. Those in ravor will vote Aye. Those opposed, Nay. The voting is open. Have all voted kho wish? Have a11 voted who Wish? Eave a11 voted who Wisb? Take the record. On that questiony ehe Ayes are 58, the Nays are nonee none voting Present. Senate Bill 659, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate 274  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Bill 671. Senator Dunn. 683. 672. Senator Dunn. 683. Senator Maitland. Senate Bills 3rd Readkng (s Senate Bill 683, Mr. Secretary. Read the bill, please.

ACTING SECREQARX: (MR. HARRX) Senate Bill 683. (Seczetaïy reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Maitland.

Thank you very mueh, Mr. President and Members of the Senate. Senate Bkll 683, as amended, addresses a problem that -- that we have come up with -- developed in our -- in my district, and I think will affect many of you. Currently, physicians who are providing medkeal service to not-for-profit entitiess if they draw any income at al1 from the medical profession, cannot -- cannot be exempt from civil liability. We -- we do ehis in the Statutes for -- for nurses, and Senate Bill 683 seeks to do that for what welre calling here back-up physicians who are volunteering their services to free -- free medical clinic. I think this is good legislation, every tightly drawn, and I would seek your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Geo-Earis.

One question. if the sponsor will yield.

PRESIDING OFFICER: (:CNATOR LRCHOWICZ) Indicates he wl1l.

The bill as we had originally said that he Would not be liable for serviees, unless there was wïllful and wanton mksconduct. Is still -- is that still in the bill?

PRESIDING OFFICER: (SENATOR LECHOWICZ) 275  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26: 1989 Senator Maitland.

I don't have the foggiest idea What you said, Senator. PRESIDING OFFICERJ (SENATOR LECHOWICZ) That's al1 right. Senator Geo-Karis, would you repeat the question?

The bill, as it originally was brought forth, said that this dockor would not be liable for services unless there Was Willful and wanton misconduct. Now there was an amendment made from the bill -- to the bill -- does that -- did you remove that wanton and willful misconduct from the doctor?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Maitland.

Senatore I am reliably informed that it's still there.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 683 pass. All in favor, vote Aye. All opposedy vote Nay. Voeing's open. Have a1l voted Who wish? Have a11 voted who wish? Take the record. On this question, there are 57 Ayes, l Nay, 1 -- none recorded as Present. Tbis bill, having received the constitutional majorityy is hereby declared passed. 684. Senator Maitland. Read khe bill. Out of the record. 687. Senator Watson. Read ehe bill.

ACTING SECRETARV: (MR. HAKRY) senate Bill 687. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

Thank you, Mr. President. This provides that the Secretary of 276  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day day 26, 1989 State may suspend or revoke a drLver's license of an individual who has been convicted of possession of any amount of cannabis or controlled substance while operating the motor vehicle. Current laW says that the individual must have five grams of a controlled substance or thirty qrams of cannabis. What wedre trying to do here is get serious about the -- the user and the drug problem that we're having, and give the Secretary of State the opportunity he may suspend or revoke. It doesn't say it's mandated; he may suspend or revoke. Be glad to answer any questions.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Question is -- Senator Hawkinson.

Thank -- thank youe Mr. Fresident. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

Senator, in trying to recall our debate on the Motion to Discharge, had a question, whether a passenger Would be subject to license suspension. Is this a different bill?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Watson.

Only the driver is involved bere.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 687 pass. A1l in favor, vote Aye. All opposed, voke Nay. Voting's open. Have a11 voted Who wish? Have all voted wbo wish? Please take the record . On this queskion, there are 56 Ayes, l Nay, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 694. Senator Topinka. Read the bill.

ACTING SECRETARY: (MR. NAQRY) 277  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Senate Bill 694. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

Xes. Mr. President and Ladies and Gentlemen of the Senate, this bill provides that no contractor's certificate is required for a bid or contract of ten thousand dollars or less. When we passed the bill in -- well: the Criminal Code in 1961: in terms of trying to make this happen, we were direating our attention to the purchase of large equipment. Unfortunately, municipalities and school boards and people like -- groups like this are saying that noW they're havinq to get a certificate for every little piece of paper that comes through. Their attorneys are saying help... PRESIDING OFFICER) (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 694 pass. All in favor, signify by sayin: Aye. Opposedz Nay. Voeing's open. Have a1l voted Who wish? Have all voeed who kish? Take the record. On this question, there are 56 Ayes, l Nay, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 699. Senator Berman. Read the bill.

ACTING SECRETARX: (MR. HAKRX) Senate Bill 699. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

Thank you, Mr. President. This bill comes from a number of senior cieàzen centers throughout the State. Requires the 278  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26: 1989 Department on Aging to devise and implement a plan for the increased cooperation of local and community senior eitizen centers in the functions and duties of the Area Agencies on Aging. Solicit your Aye vote.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Any discussion? Question is -- is: shall Senate Bill 699 pass. Al1 in favor, vote Aye. All opposed, vote Nay. Voting is open. Have a11 voted Who wish? Have all voted Who Wish? Take the record. On this question, there are 58 Ayesp no Nays, none recorded as Present. This bill, having reeeived the constitutional majority, is hereby declared passed. 700. Senator Berman. Read the bill.

ACTINC SECRETARY: (MR. NAPRX) Senate Dill 700. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

Thank you. This bill requires that the Citizens Council on Children establish a youth advisory qroup of children youths between ehe ages of fourteen and twenty-one.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question isr shall Senate Bill 700 pass. All in favor, vote Aye. All opposed, vote Nay. Voting is open. Have al1 voted who wish? Have a11 voted who Wish? Please take the record. On this question, there are 58 Ayes, no Nays, 1 recorded as Present. This blll, having received the eonstitutional majority, is hereby declared passed. On Paqe 12 is Senate Bill 701. Senator Smith. 0ut of the record. 702. Senator Smith. Read the bill. 702.

ACTING SECRETARY: (MR. NANRY) 279  STATE 0F ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Senate Bill 702. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Smith.

Thank you, Mr. Presidente Ladies and Gentlemen of the Senate. 702 does exactly What the Calendar says - provides that the Department on Aginq shall establish a pilot program providing emergency shelters for elderly vickims of abuse, and it will be... PRESIDING OFPICER (SENATOR LECHOWICZ) Any discussion? Queskion is, shall Senate Bill 702 pass. A11 in favor: vote Aye. All opposede vote Nay. Voting is open. Have all voted who wish? Have a1l voted who wish? Please take the record. On this question, there are 53 Ayes, 2 Nays, none recorded as Present. This bill, havin: reeeived the conseitutional majority, is hereby declared passed. 704. Senator Smith. Read the bill. 0ut -- out of the record. 705. Senator Smieh. Read the bill.

ACTING SECRETARY: (MR. HANRY) Senate Bill 70S. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFPICER: (SCNATOR LECHOWICZ) Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of *he Senate. The Amendment No. becomes the bill here, and it offers the Deparkment of public Hea1th to be in power, to create and implenent a public educational program to curtail the prenatal transmission of AIDS, and... 280  STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 PRESIDING OFPICER (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 705 pass. A11 in favor, vote Aye. A1l opposed, vote Nay. The voting's open. Have al1 voted who wish? Have all voted who wish? Please take the record. On this question: there are 34 Ayes: 22 Nays, 2 recorded as Present. This bill, having received the constitutional majority, is hereby declared pasEed. 720. Senakor Macdonald. Read the bill.

ACTING SECRETARY: (MR. HAPRY) Senate Bill 720. (Secretary reads title of bill) 3rd Readin: of the bkll.

IRESIDING OFFICER: (SZNATOR LECHOWICZ) Senator Macdonald.

Thank you, Mr. President. Senate Bill 720 is a bill thae came out of the Citizens Couneil on Women. It amends the Child Care Act, and it includes hospital-based siek-child care programs in definition of day care centers. It requires the Department of Children and Family Services to provide by rule for the license and regulation of persons or groups of persons who provide in-home sick-ahild care for -- and child transportation services. This bill had some opposition from the Illinois Hospital Association and also from the departments. Now , they met in my office day before yesterday, and if we are able to qet this bill over to the House, lt is to be clearly understood that Ehe bill will go lnto a study committee over there and will have full hearings around the State o' Illinois and -- but it will put this bill further forward ko find some kind of a resolution to the problems that we -- and *he Council on Women seee in terms of sick -- sick-ehild care programs.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 28l  STATE OF ILLINOIS 86th GENENAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989 Any diseussion?

So would ask for your support of this bills with the understanding that it will go into a subcomnittee a working subcommàttee over there and have full public hearings.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Wkth that understanding: Senator Marovitz.

Well, what I don't really understand here. The departments are aqainst this bill in its current state. Weere passing this bill to send it over to the House to put it in interim study. What -- whatls Wrong With khe Senate committees? Why -- why doesn't the Senate Publie Health Cömmittee hold a hearing? I mean, it's like, it really is kknd of deoeaning to our own Public Health Committee. If wetre going to puk it in interim study, let's put it interim study here and let's us, in this Body: take a look at it. I mean, it doesnft make mueh sense to me to pass it and say, ''Let the House put it in interim study.l' Let's us do it, and let's us study.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Your point's well-taken. Senator Macdonald.

Well, I -- it -- the departments are perfectly willing to work on this bill and get forward with it. They -- they are in agreement with the Council on Women, and realizing that We have a definite problem. I thlnk that we can work out a solutlon, and -- and if it is your will that we have it stay here...

PRESIDING OFFICER: (SEXATOR LECBOWICZ) The Lady asks leave to have the bill recommitted to committee, is that correct? No? You want to proceed. Senator Macdonald.

No. We'll just take a vote on ie, and -- and see what 282  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26e 1989 happens. PRESIDING OFFICER (SENATOR LECHOWICZ) Question is, shall Senate 3ill 720 pass. A11 in favor, vote Aye. A11 opposed, vote No. Voting's open. Have all voted who Wisb? Have all voted who Wish? Take the record. On this question, there are 27 Ayes, 13 Nays, 11 recorded as Presene. This bill, having failed to recekve the constitutional majority, is hereby declared lost. 732. Senator Holmberg. Read the bill.

ACTING SECRETARY: (MR. HARRY) Senate Bill 732. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Holmberg.

Thank you. This bill, in its amended form, simply states that any retired or disabled firefighter who elects to continue coverage on -- under a municipality's group policy after the initial fifteen-day period followkng notice of that right from the insuranee company, must comply with any preexisting condition clause set forth in the policy.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 732 pass. A1l in favor, vote Aye. Al1 opposed, vote Nay. Xour light wasn't on. Senator schuneman.

Thank you, Mr. President. Question of the sponsor: if shefll yield?

PRESIDING OFFICER: (SENATOR LECEOWICZ) Indicates she will.

283  SQATE OF ILLIKOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26e 1989 Senatorr as We looked at this bill before the amendment, it appeared that what you're doing is allowing firemen Who had not originally eleeted to be covered by group insurance, to decide to come into the program, even if they became i11. But I think you've intended by your amendment to change thak somewhat, and I'm nok sure to what extent you think you dve changed Could you indicate that to me?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Holmberg .

The original bill was brought to me because, in many cases, firemen retire young, and their wife is carrylng insuranee and they feel they don't need When something happens to the marriage, or a death in the famkly, they then need to pick up an insurance policy. Some of the municipalities felt that might become too expensive, and so we stated that they must comply with any preexisting condition clause set forth in the polâcye so you wouldn't have just only ill firemen returning to the insurance fold .

PRESIDING OPFICER: (SENATOR LECHOWICZ) Question isr shall Senate Bill 732 pass. All ln favor, vote Aye. A1l opposedy vote Nay. Votin: is open. Have all voted Who Wish? Have all voted who Wish? Please take the record. On this question, theze are 56 Ayes, no Naysz none recorded as Present. This bill, havin: reeeived the constitutional majority, is hereby declared passed. 737. Senator Brookins. Read the bill.

ACTING SECRETARY: (MR. DAPRY) Senate Bill 737. (Secretary reads title of bill) 3rd Reading of the bill. END OF TAPE 284  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26y 1989 TAPE 7

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Brookins.

Thank you, Mr. President. This bill changes the Human Riqhts Act to reflect changes required by Federal Fair Housing Act, amended 1988. The Department of Human Rights strongly supports khis amendment, because it allows the Department of Human Riqhts to maintain a substantially equivalent status With HUD. And itês continued to receive funds from HUD. I urge a passage.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 737 pass. All in favor, vote Aye. A11 opposed, vote Nay. Voting's open. Have all voted who wish? Have all voted who wish? Please take the record. On ehis questiony there are 50 Ayes, 2 Nays, none recorded as Present. This bill, havinq received the constitutional majority. is hereby declared passed. 752. Senator Sehuneman. Read the bill.

ACTING SECRETARY: (MR. WAPRX) Senate Bill 752. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

Thank youy Mr. Presldenk. Senate Bill 752 is a vehicle bill Which may become part of the solution to the underground storage tank problem that is going to be faced by a 1ot of ehe automobile dealerships, gas stations: and petroleum dealers around the Skaee 285  STATE QF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37*h Legislative Day May 26: 1989 of Illinoisg in that the federal law, next year, requires them to carry a million dollars insurance on the cleanup of any gasoline spillp and a million dollars insurance for liability. Now it's a great idea, except the insurance isn't available. So the states the various states are trying to work out a solution to this. Senator Welch has suggested that I pass this bill out and that we eontinue to work on the problem, so I ask for your support.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Question is# shall Senaee Bill 752 pass. Al1 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 58 Ayes, no Nays, none recorded as Present. This bill, having recekved the constitutional majorkty, is hereby declared passed. 762. Senator Smith. Out of the record. 768. Senator Severns. Read the bill.

ACTING SECRETARY: (MR. NAQRY) Senate Bill 768. (Secretary reads title of bll1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Severns.

Thank youe Mr. President and Members of the Senate. Senate Bill 768 ks an expansion oe Senate Bill 1, that passed this Chamber without any opposition two years ago. Senate Bill 1 was the Export Trade Company Act. And ln that Acty korkin: With Lieutenant Governor Ryan, we established the Illinois commitment to a World Trade Center. At this time, we're moving forward wieh our commitment to a World Trade Center: and whae ehis bill attempts to do is address that commitment and the need for plans for that World Trade Center. But also, more importantly, what this bill does is attempt to reco:nize that Illinois must, as 286  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 aqgressively as possible, pursue greater export markees. It recognizes that the Europe 1992 plan is right around the corner, and that we must have our act tosether as aggressively as possible to meet that challenge.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Mahar.

Thank you, Mr. President. I rise reluetantly in oppositiony and advise the Members that this is a five-million-d/llar hit out of GRF.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Severns, to close.

I'm -- I'm not -- it -- it does allow -- the Statute allows ready up to five million dollars. We've korked diligently with -- with many members of our international community within State Government. We've gone to California, Minnesota and New ïork, where the vast World Trade Center -- Centers are already established. And I think it's a good bill, and would just urqe passage.

PRESIDING OFFIPER: (SENATQR LECHOWICZ) Question is, shall Senate Bill 768 pass. All in favor, vote Aye. A1l opposed, vote Nay. Votkng's open. Eave a1l voted Who wish? Have a11 voted who wish? Please take the record. On this question, there are 33 Ayes, 23 Nays, 2 recorded as Present. This bill, havinq received the constitutlonal najority, is hereby declared passed. 769. Senator Severns. Read the blll.

ACTING SECRETARY: (MR. HAPRY) Senate Bill 769. (Secretary reads title of bill) 3rd Reading of the bkll.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 287  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26: 1989 Senator Severns.

Thank you, Mr. President and Members of the Senate. Senate Bill 769 simply requires disclosure of the presence of hazardous substances in construction sites. And more specifically, it enables contractors to halt work or terminate contracts when sueh substances have -- have been -- have not been disclosed and are encountered, without fault to that contractor. I know of no opposition to this, and 1'11 be glad to answer any questions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

Well, thank you: Mr. President. just have a couple of questions, it's a -- if shedll yield.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates she w1ll.

I'm a homeowner: and I have someone coming over to paint my house. Do I have to give them a list of the hazardous substances that I might have on the premises of my house?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Severns.

No. What it -- what the intent of khis language isF is that person who's coming over to paint your house does not have to pay for the cost of any hazardous materials that might be in your house at the time he or she arrived to do Ehe work.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson. Senator Watson.

I'm sorry. I didn 't understand that: Senator. Would you mind... 288  STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

PRESIDING OFFICER: (SENATOR LECHOWICZ) You're not the only one. Senator Severns.

To assume the burden of responsibility on cost. For example, -- did -- well to use your example, if you hire someone to come in and paint your house, and that individuale as he or she is painting, discovers that in your home are hazardous materials, that person is not economically responsible for the removal of your hazardous materials.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

I guess I'm still confused, and I1m sorry: Mr. President: 'cause I don't like to strin: this along. It's five fifteen and everybody's getting tired, but, it just seems like this is a major piece of legislation that she's talking about, and it's in one page here, and it's and from what I can gather, if that individual - that homeowner - has to inform the contractor coming kn. The contractor then has to also inform the homeowner of any hazardous waste that they may have. It says here, 'îAny persony public or private, who contracts to have any construction: excavating or other work performed upon any landp'' so if youlre a farmery and you've got four hundred and fifty acres, you could be a mile and a half away and have a hazardous substance that youdve got to notify khat contractor that that it's present. This has to be disclosed'' prior to the date of the contract, any hazardous Substance or hazardous Waste.v.that is or may be present upon the land.'' I just think is a very broad-speetrum approach to a problem that I donlt really think exists.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Any further discussion? Senator Severns, to close.

289  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 I'm not certain where -- if Senator Watson misunderstands the bill or where he reads it -- into it something entirely than what it is. What this is# quite simply - and it was requested by the construction indusery and I thouqht it was a fair request when a construction industry -- and theyêre really talking about jobs larger than paintin: Senator Watson's house. But when a construction industry moves into an area to perform a job...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me, Senator. Please proceed.

... if that contractor is digging up and at the time finds, for example, barrels of hazardous waster What this says, and the intent of this legislation is, is khak that contractor nok be economically responsible for either one, tbe removal of that hazardous substance, or the -- the delay in time and cost that it's goin: to take for somebody eloe to come in and remove It says the owner is responsible, not the hired contractor.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any -- question is, shall Senaee Bil1 769 pass. All in favorw vote Aye. Al1 opposed, vote Nay. Voting's open. Have al1 voted who Wish? Have al1 voted who wish? Please take the record. on this question, there are 29 Ayes, 25 Nays: 4 recorded as Present. This bille have not receiving the constitutional majority, is hereby declared lost. 771. Senator DeAnvelis. Read *he bill.

senate Bi1l 771. (Secretary reads title of bi1l) 3rd Readin: of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Eenator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 77l is an ICARE reform 290  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RRGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26: 1989 bill. We are now in the fifth year of the ICARE Program, and no One Can aroue...

PRESIDING OPFICER: (SENATOR LECHOWICZ) Excuse me a moment. Would you please give the Gentleman your ateention. SENATOR DeANGELIS: wo. and no one can dispute that the State of Illinois saved money under that program. The question is: at whose expense. This bill attempts to do four things. The first is to provide that certain information be qiven to the General Assembly and that information coming from the Hospital Service Procurement Advisory Board. Some of that information is the number of free days provided, the average distance and amount of time a recipient must travel, physician availabilityx and some okher ehings. The second part makes some basic changes in the terms of the contracts. They move for a twenty-four-month contract. They provide for an automatic escalation, based on inflation in the second twelve months. The third part makes some changes concerning the contract and negotiations. And the fourth -- fourth part requires the Department to allow enough days so that when Ehey do, in fact, contract, that the days are available for the patienks that have to be taken care of. It's a very extensive bill, and I would -- I can go into more detail, but I'd rather wait for some questions.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Thank you. Senator Schaffer.

Well, I know khae this is a Hospital Association bill, but the information we have from the Department of Public Aid, indicates, I believe their quote is ''that this is a budget-buster. '' The estimated cost could exceed sixty million dollars annually, whieh ks not kncluded thus far in the Department's budget, and I haven't 29l  STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 37th Legkslatkve Day May 26, 1989 heard anybody's tax plan that puts that kind of money in Public Aid. So I guess you can voee for this, if you happen to have a spare sixty nillion dollars on you.

PRESIDING OEPICER: (SENATOR LEQHOWICZ) Senator Topinka.

Yes. Mr. President: Ladies and Gentlemen of the Senate. Not only has Senator Schaffer brought up the fact, you know, that it is so expensive: but would be concerned that this would basically pull the pins out from under the ICARE Program, Which right now has probably saved the State about four hundred million since it stacted in 1985. And I think we should think twkce before we start going after that program, because in many cases it keeps us afloat. So I would not encourage an Aye vote on this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator DeAngelis, to close . SENATOR DeANGELISI Thank you, Mr. President. Well, first of all, Senator Schaffer, We have a lot of meetings. Kaybe you 'd like to next time ask me about my tax plan.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schaffer. SENATOR DeANGELIS: If there 's any one quarrel I have *1th the Department, it's the manner in which they calculated that sixty million. And 1e* me point out to you, the rather -- rather acadecic approach to that estimate. The Department assumed that if we allowed the hospitals to negotiate by usin: somebody to negotiate that somebody else used, that they would destroy so much competition, and do so much cheating, that it Would cost sixty million dollars. Tbatfs What tbat estimate is based on. And I have to tell you, I 292  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECDLAR SESSION SENATE TRANSCRIPT 37th Legislaeive Day May 26, 1989 have some serious problems With that estimate. Okay? I think this bill may need some extra work, but I think it ought to follow khrough the system, because, as I pointed out at the beginning, the State has saved money, but who is payin: for it? Are our pràvaee pay? Are our third-party providers? I Would urge a Yes vote on this, and let'se out of fairness, take a look at this program that's been in effect for four years.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bil1 77l pass. All in favors vote Aye. All opposed: vote Nay. Voting's open. Have all voted Who Wish? Have all voted who Wish? Have a1l voted who wish? Please take the record. On this question, there are 22 Ayes, 29 Nays, 1 recorded as Present. This bill, havin: failed to receive the constitutional majoriey, is hereby declared lost. Senator Newhouse, for what purpose do you seek recognition? Okay . 7-7-2. Senator Marovitz. Do you want to read? Read the bill.

Senate Bill 7-7-2. (Seeretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Ladies and Gentlemen, can we have your attention, please? The noise level is getting kind of high. Gentlemen -- Ladies and Gentlemen, please. Thank you. Senator Marovitz.

Thank you very muche Mr. President and Members of the Senate. Senate Bill 772 makes several changes regarding extending the Long-arm Statute and the long-arm jurisdictiony service of process, codifies Supreme Court rules regarding representation in small claims cases, and confirmation of Wage deduction ordersy and I would solicit an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 293  STATE OF ILLINOIS 86th GCNERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 Any discussion? Senator Barkhausen. SENATOR BARKHAUSENI Mr. President and Members, I'm -- 11m afraid that this bill illustrates a flaw in what seems to be a new procedure adopted this year in the Judiciary Committee, in that there are several bills dealing in one way or another with eivil procedure that are all sort of collapsed knto one in thks bkll, and itls a strategy that seems to have been adopted by the House in recent years. But but, thus far the Senate has, for ehe most part. refrained from following that same tactie. There are several good features to this bill; however, there -- there are several that are questionable. I wonder if the sponsor misht yield for just a minute?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Just a minute. Senator Marovitz. Indicates he will.

The core bill -- the core bill, Senakor Marovikz: I guess has to do with trying to -- expand the conditions under which corporate officers and employees can represent a corporation in small claims coult. It's -- it's something thak I'd very much like to do, but I wonder -- I wonder, in liqht of the Supreme Court rule on this subject, whether this is something that we constltutionally can do.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz. A constitutional question here. Senator Netsch, be aware.

Well, What wefre doing is repealing our Stakute to make it consistent with the Supreme Court rule. So the Supreme Court rule takes over. That's exactly What wedre doing.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen. 294  STATC 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

That -- that isn't What I understand from my analysis, but if that's -- if that's what we dre doing/ so be it. The -- the two provisions that okherwise coneern me the most, and correct me if they 're not in here, but -- is one that's -- Mr. President, can I ask for some order there? There are a couple of important things here.

PRESIDING OEEICER: (SENATOR LECHOWICZ) You're over your minute. So youlre, you know, begging the question. Letgs go.

Well, this bill -- this bill repeals somethin: that we adopted a few years ago as part of our Tort Reform package, and also is part of the Medical Malpractice Reform Bill. Which is that lt -- it deletes the requirement that a lawyer, in filing a complaint or a pleading, has to sign an affidavit stating that he or she has investigated the facts and the laW involved in the case: and found that there is merit for filing the pleadin: in question. don 't understand, number one, why we are doing that . That's -- that's the most important flaw I see in the bill. Other than thatr I see that there is a -- a separate amendment that has somehow to do with quick-take adding quick-take eminent domain powers under certain circumstances, and I -- and I question what that is. Agains I see serious flaws in trying to put all these bills into one, and I suggest that we go back to the drawing board .

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

Well. thank you very much, Mr. Fresident. This -- this bill has -- does have several ehings àn it. Some from this side of the aisle. Some from the other side of the aisle are in this 295  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 bill. This doesn't take away any obliqation from any lawyer to sign an affidavit or to prevent a frivolous pleading. It doesn't do khat ak all. The lawyer still has the same obligation to sign that affidavit. There is nothing wrong With -- With anything in this legislation. All the provisions in this legislation got a full hearing, and -- and it embodies leqislation from both sides of the aisle - Democratic and Republican provisionsz and I Would solicit your Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall Senate Bill 7-7-2 pass. A11 in favor: vote Aye. A11 opposed, vote Nay. The voting is open. Have all voted who Wish? Have all voted who wish? Have a11 voted Who wish? Please take the record. Qn this question, there are 33 Ayes, 24 Nays, none recorded as Present. This bill, havinq received the constitutional majority, is hereby declared passed. Ladies and Gentlemen, please. The noise level is high, and I know we've got a little more work to do. Senate B:ll 775. Senator Schuneman. Read the bill.

Senate Bill 775. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Schuneman.

Thank you, Mr. President. This bill is simply for *he purpose of allowing the State Treasurer to ratkfy an aqreement whkch waB reached last year between the State of Illinois and Teledyne Corporation. And the Attorney General and the Department of Nuclear Safety settled a longstanding dispute with U. S. Ecology and their successor, Teledyne, over the Sheffield Radioactive Waste Skte. And basically, What it amounts to is that U. S. 296  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 zcology has agreed to pay the State of Illinois two and a half nillion dollars over a period of time. And the State has agreed that those funds shall be kept in 'a separate -- a separate aceounting, and that those funds Will be deposited in banking institutions in Bureau County, Which is the siee of -- khe Sheffield site. So this bill merely allows the State Treasurer to comply witb that agreement. I Would ask for your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 775 pass. Al1 in favor, vote Aye. All opposedz vote Nay. Voting 's open. Have all voted Who wish? Have all voted who wish? Please take the record. On this question, there are 59 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majotity, ks hereby declared passeo. 777. Senator Barkhausen. Read the bill, Madam Secretary.

Senate Bill 777. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.

Mr. President and Members, Senate Bill 777 is a Chieago Bar Assoclation proposal dealing with bills of particulars. It allows a longer time in which to respond to a bill of particulars and in which to file a pleading, once a bill of particulars is responded to. And I'd be happy to answer any questions, otherwise seek your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is# shall Senate Bill 777 pass. All in favor, vote Aye. All opposed, vote Nay. Voting's open. Have a11 voted Who Wish? Have a11 voted Who Wish? Please take 297  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 tbe record. On this question, there are 57 Ayes, no Naysy none recorded as Present. This bill, having received the constitutional najority, is hereby declared passed. Top of Page l3. Senator Philip. 779. Read the bill.

Senate Bill 779. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Have a1l voted who wish? Senator Philip.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 779 is pretty accurately described on your Calendar. Would allow insurance companies and the race track to make political contributions. ask for a favorable vote.

PRESIDING OPFICER: (SENATOR LECEOWICZ) Any discussion? Question isp shall Senate Bill 779 pass. All in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who Wish? Please take the record. On this question, there are 49 Ayes, 7 Nays, 1 recorded as Present. This bill, having received the eonstitutional majority, is hereby declared passed. Senate Bill 781. Senator Rea. Rea. 782. Senator Hall. Read the bill.

Senate Bi11 782. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Hall.

Thank you, Mr. President, Ladies and Genelemen of the Senate. The intent of Senate Bill 782 is to allow election authorities an 298  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 opportunity to reduce election costs when conducking a special primary, an election for filling a congressional vacancy. It just so happened in our area, where the Congressman from Senator Vadalabene's area and Senator Watson 's area and my own, that he died While in office, and as a results of that, that they had to have a special primary more than once, and I think that Iîll defer to Senator Watson, and he miqht want to elaborate.

PRESIDINC OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 782 pass. A1l in favor, vote Aye. A1l opposed, voke No. Voting's open. Have a1l voted who wish? Have al1 voted who Wish? Please give me -- Joyce thank you. Please take the record. On this question: there are 55 Ayes, l Nay, none recorded as Present. This bill: havinq received the constitutional majority, is hereby deelared passed. 784. Senator Topinka. Read the bill.

Senate Bill 784. (Secretary reads title of bi1l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

Yes, Mr. President and Ladies and Gentlemen of the Senate. This particular proposal has been brought to us by numerous senior citizens' centers throughout the State. And the the -- amon: others, the suburban Cook County Area -- the Area Agencies on Aging and District Two Area Agency on Aging, and it's -- it's been prolific. What it asks is that the Department on Aging establish and fund multipurpose senior centers, and that is by -- that is subject ko appropriation. The Department of Aging has -- does not like this bill. They say they#re sympatheEic. They claim that is has a fiscal impact of 4.4 million. That is not that is 299  STATE OF ILLINQIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989 serickly subject to appropriation. I am not seeking any appropriations: nor will any follow. This is just an authorizing billy and I would ask your favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any diseussion? Question is, shall Senate Bill 784 pass. All in favor, vote Aye. All opposed, vote Nay. The votin: is open. Have a11 voted who wish? Have all voted Who Wish? Please take the record. Qn this question, there are 57 Ayese no Nays, none reeorded as Present. This bill, having received the constitutional majoritye is hereby deelared passed. Senator Macdonald: what purpose you seek reeognitkon?

Mr. President, on Senate Bill 782, I pushed the wrong button, and I would like to be recorded as wanting to have voted Yes on that bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Will the record so reflect the Ladies intention. 796. Senator Vadalabene. Read the bill, please.

Senate Bill 796. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Vadalabene.

Yes. Thank you, Mr. President and Members Of the Senate. Senate Bi11 796 raises the minimum eeacher's salary, from ten thousand dollars to seventeen thousand dollars a year. This bill is necessary and important because of the message we need to send to any studen: thinking about becoming a teacher in Illinofs. Even though most teachers have -- make more than the minimum salaryp to have it listed at ten thousand diseourages incomkng 300  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislaeive Day May 26e 1989 teachers, and I would ask for a favorable vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Is there any discussion? Senator Maitland.

Thank you very much: Mr. President and Members of the Senate. I rise ks strong oppositkon to Senate Bill 796. This is not a new issue. Itds been around virtually every year since I've been in this Chamber, and I am really concerned about What We are doing here. First of all, We talked about the eost, and I don 't know, Senator Vadalabene, whether you mentioned the cost. But What this does - sure. you are bumping you are bumpin: the starting salaries, the minimum salary, but you just -- you just bump everything from that point on up. When we passed the School Reform Act: back in 1985, this Was an issue that was debaeed a great deal. And we finally decided to leave ik out, because 'it Was -- it was a tremendous cost. Nobody's arguing -- nobody at a1l will arque the need for increased teachersf salaries, and I stand on board for that, as well as many of you. But to put in the Statutes a minimum teachers' salary, and in addition to that of course, it's already there - but to bump it now like thise is just absolutely unforgivable. Each and every one of us are down here trying to provide good leadership to deal With our local school problems, and we do something like this, and it just flies in the face of everything that back home they are trying to do. They a11 want to pay as high a salary as they possible can. But to lock some of these school districts into a salary increase like this is just absolutely unforqivable. And I urge defeat.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Vadalabene, to close.

ïes, I would just like to make this one comment. That this bill does not -- does not provide for bumping of salaries above 301  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 the minimum, and I Would appreciate a favorable vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 796 pass. All in favor, vote Aye. A11 opposed: vote Nay. The voting is open. Have all voted who wish? Have al1 voted who Wish? Please take ehe record. On this question, there are 41 Ayes, 16 Nays, l recorded as Present. This bill: having received the constitutional majority, is hereby declared passed. 801. Senator Dunn. Read the bill.

Senate Bill 801. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn. SCNATOR %. DUNN: Thank you, Mr. President. Current 1aW provides that taxing districts may abate property taxes on commercial or industrial fîrms that are newly located within the State, or newly renovated or expanded. This does the same for newly constructed homes. I urge an Aye vote.

PRESIDING OEFICER: (SENATQR LECHOWICZ) Any discussion? Question is, shall Senate Bill 80l pass. All in favor, vote Aye. A11 opposed, vote Nay. Voting is open. Eave a11 voted Who wksh2 Eave a11 voted who Wish? Please take the record. On this question, there are 55 Ayes. 2 Nays, none recorded as Present. This bill, having received the constktutkonal malority, ks hereby declared passed. 806. It's been on the Recall List. 819. Senator Jones. Read the bill, please.

Senate Bill 819. (Secretary reads title of bill) 302  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE 'RANGCRIF' 37th Legislative Day May 26, 1989 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones.

Yeah. Thank you: Mr. President and Members of the Senate. House <sie> Bill 819, moves the OTB eight percent that they hold for the parimutuel wageringy and divide that equally between the - - the owners and the purses.

PRESIDING OFEICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 8l9 pass. A11 in favor, vote Aye. All opposed, vote Nay. The voting is open. Have a11 voted Who Wish? Have a1l voted Who Wish? Please take the record. On this question, there are 48 Ayes, 2 Naysr 3 recorded as Present. This bill, having received ehe constitutional majority: is hereby declared passed. 822. Senator Netsch. Please read the bill.

Senate 3il1 822. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch.

Thank you - - thank you, Mz. President. This ks the bill that we had debated before, and EenaEor Keats, Ehink, had raised some questions about what is rule 335 of the Supreme Court. I think he and others have had a chance to see it now. It deals with such weighty matters as the time for filing briefs, what kind -- how you file the record, and so forth. And what we have said is that the Supreme Court rule should govern in cases of direct appeal in these specified areas, because in one case it's already been 303  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENAT: TRANSCRIPT 37th Legislative Day May 26e 1989 declared unconstitutional. If there are any questions, I Would be happy to answer them.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Sill 822 pass. All in favor, vote Aye. A11 opposed, vote Nay. Voting 's open. Have a1l voted who wish? Have all 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 malority, is bereby declared passed. 828. Senator Zito. Read the bill. SECRETARY HAWEER) Senate Bill 828. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Zito.

Yes. Thank you, Mr. President and Members. Senate Bill 828 takes a very drastic step at a very drastic problem that we are experiencing in suburban Cook County, and I would say - although I don't represent a11 of Cook County - throughout Cook County. It deals with the Cook County Regional Superintendent's Qffice. In fact, Senate Bill 828: if passed, would abolish that office. We have experkenced a number of problems in our suburban school districts with the present Cook County Superintendent. I have had repeaked conversations wikh my school superinEendenEs khak have nok been able to receive the cooperation, the assistance, the necessary tools and finances to make sure thak children in my district and throughout the suburban area of Cook County are receiving a fair and adequate education. As a matter of fact, when the suburban superintendents get involved, and ask for assistance from our regional superintendent, they have been met 304  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 wàth opposition and no help. Thîs legislation ks not intended at the individual holding the office, because after listening to their complaints - my local superintendents' complaints for over six years; I've been in this General Assembly for nine - I have asked the regional superintendent to come out and meet with these superinkendents and try to air their grievances and settle eheir differences. That, unfortunately, has never taken place. But after further further discussions with the local superintendents, I'm noe so sure that a regional superintendent's office is needed. I'm not so sure that extra blanket of governmental red tape is needed. Many feel many local superintendents feel - that they can deal directly with the State of Illinois, and from the State Superintendent. 1'11 be happy to answer any questions. I think the language in Senate Bill 828 is straightforward, and would ask for your help. PRESIDING OFFICERI (SENATOR LECHOWICZ) Senator Hall.

Will the sponsor yield?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he Will.

Senator, that this doesn't have anything to do with the person who 's holding that office now, but yet you get up and you complain about that person, and now you said you had problems with this man. In other wordsr you're going to shoot every superàntendent because you have trouble with one. My question is, do you have a problem with that? Is that Why you introduced the bill?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Zito.

305  STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26y 1989 Directly, to answer your questionz yes. But this only affects Cook County. It doesn't affect any other part of the State. Doesn't affect any other regional superintendent in the State.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Hall.

Well, I'm going to oppose thisy because if you start this now, therels a number of us have good regional superintendents of schools. And the next thing there be a bill in here to abolish them all, and as a matker of fact, I heard him refer to that. So I am vehemently opposed to that. And I think its a bad bill, and we ought to vote against it.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Fawell.

Thank you very much. too, happen to have an excellent regional superintendent. I have never heard any complaints about him, but I sure have heard complaints about the regional superàntendent from Cook County. As far as I'm concerned, you know, even the regional superintendents that I've talked to said that that man is a disgrace ko their profession. We ought to go with this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

Mr. Preskdent and Ladkes and Gentlemen of the Genate. Standing in support of this bill for a11 the reasons offered, also seeing what wonderful regional superintendents I have in Dupage and in others that I have dealt with, I Would like to make note that even President of the Cook County Board George Dunne, mentioned to the LaGrange Board of Realtors, roughly two years ago, that Cook County could save approximately 1.4 million 306  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26: 1989 dollars, if this office were, indeed, relegated back to the State. And I would and as I told him at that time: I Would be happy to help him With this, and bere we are. So Would encourage an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Kustra.

Thank you, Mr. President and Members of the Senate. Well, I think this is a good bill. I've introduced it a few times myself, and ie seems like khere was always one last friend of the superintendent/s up there in Cook County who'd come down and rescue htm. To those of you Who are not from Cook: lek me -- lee me make a suggestion. You should look at this bill very carefully. It seems to me, from the regional superintendents across the State that -- who I've talked to and Who've talked privately - they're embarrassed. Theydre absolutely embarrassed by what's goin: on in Cook County. They'd just as soon get rid of this office, so he: in some way, doesn't in the future drag them down, drag them into this kind of legislaeion. think you should kant this bill. You want this bill to get rid of this office up there, and let me comment on the approach Senator Zito's using, by putting it in the State Board of Education, We're doing for suburban Cook exactly what we now do for the City of Chicago. The State Board of Education deals directly with the City of Chicago. This will give the State Board of Education direct contact wlth the suburban Cook County area. And as I said, remember that if you leave this guy around, you're goinq to wind up affectin: the good work of downstate regional superintendents. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Zito, to close. Question is, shall Senate Bill 828 pass. A1l kn favor, vote Aye. A11 opposed, vote Nay. Voting ts 307  STATD OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 open. Have all voted who Wish? Have a1l voted who wish? Take the record. On this question, there are 40 Ayes, 14 Nays, 3 recorded as Present. This bill, havin: received the constitutional majority, is hereby declared passed. 829. Senator Jacobs. Out of the record. 832. Senator Macdonald. Read the bill.

Senate Bill 832. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Macdonald.

Thank you, Mr. President. Senate Bil1 832 would create a competitive environment in which both public transit agencies and private transit companies are fairly considered for operatton of services. The bill Was amended on 2nd Reading to limit the bill to the RTA region only. The amendment also lowers the percentage of routes which must be privatized, from ten percent to five percent. In my view, the most important change in the amendment Was to state that additional police protection on mass transit Would become a priority With regard to how many or how any revenues saved by the competitive biddin: would be spent.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 832 pass. Al1 in favor, vote Aye. Al1 opposed, vote Nay. Voting is open. Have all voted who wish? Have a1l voted who wish? Please take the record. On this question, there are 54 Ayes, l Nay, none recorded as present. This bill, having received *he constitukional majority, is hereby declared passed. 840. Senator Hall. Out of khe record. 861. Senator O'Daniel. Read the bill.

308  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26r 1989 Senate Bill 861. tsecretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. Fresident and Members of the Senate. Senate 3ill 861 proposes that the inequityr which forces the horsemen to pay one half of the trackfs transmission costs and expenses associated with the conduct of inter-track wagering, be removed.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall 861 pass. A1l in favor, vote Aye. All opposed, vote Nay. Voting is open. Have al1 voted who wish? Have all voted who wish? Please take the recordv On this question, there are 59 Ayes, no Nays, none recorded as Presene. This bill: having received the constitutional majority, is hereby declared passed. 866. Senator Netsch. Read the bill, please.

Senate Bill 866. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch.

Thank you: Mr. President. Senate Bill 866 is a najor revision of the Illinois Governmental Ethics Act. And it does a number of things. It's impossible, really, to go through all of the provisions, although some of them are not as neW as might be expected. Let me mention a couple of the major things that it does. Right now, the Illinois Governmental Ethics Acts...Act covers legislators. But basically does not cover offieials or 309  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 employees of the Executkve Branch of Government. A good park of the Act creates four members of the Exeeutive Branch, officials and employees, a code of conduet, many of vhose provisions are somewhat similar to thooe that already apply to legislators. In addition, the Act tightens up a little bit the Economic Disclosure that We are currently required to file. And the disclosure, incidentally, applies to legislators, judges, govern and executive branch officials as Well. Probably the primary gap and loophole which has been closed by it, relates to debts thak are owed to the public official. There are a number of other things that the bill does. I think probably *he main thing that I need to point out is that this is a really very closely drawn balance between two interests. The interest of the public in knoWing that its public officials are not self-dealing, that is , that they do not have confliets of interests. And that they are not using their public office for any kind of private gain. That is really the public's right to be free of that kind of concern. The other side of it is that public officials should not be thought of as second-class cltizens. And Ilve tried to draw the provisions very carefully, so that khere is no presumption that public officials are not fully honest, and that they, indeed, have certain privacy rights. I think that is equally important. One of the things thak the bill does, is to re-create a Statutory Board of Ethics. There was one in existence a few years ago that was stricken, I think, in 1972, at the time the Governmental Ethics Act was also repealed vith respect to employees of the Executive Branch. The board has really two responsibilities. One is to monibor the codes that are part of this Act. And the other really is to offer guidance to public officials who may have a gray area where they are not sure that something that they are engaged in does or does noe violate the codes of conduct. This provides an opportunkty for a public official, whether a leqislakor or an executive branch official, to 3l0  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 seek guidance, and think that is equally important, because there are some very fine lines that are t/ be drawn. I think probably I've...I've banded out, by the Way, this morning, a more detailed summary of the bill as well as a statement of the underlying principles, and an editorial supportin: it from the Chicago Tribune. I would be happy to answer questions. If not, I would urge your support. I would like to say that this really is the first and the only major attempt to redo the Ethics Laws for State offieials, including leqislators...

PRESIDING OFFICER: (SENATOR LECHOWICZ) There are a number of people requesting recognition...

... in the State of Illinois.

PRESIDING QFFICER: (SENATOR LECHOWICZ) ... Okay? Senator Karpiel.

Thank youz Mr. President. I have several questions about the bill which I'm not going to :et into because of the lateness of the hour. I have a feW problems with the makeup of the comnission and with some of the provisionsy such as a legislator cannot have a child working for the State. I do not have any children working for the State. Has that been taken out?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch. Netsch, please.

No, that provision is morê tightly draWn than What you have just descrlbed. It says only Ehat you cannot...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.

put someone into employ in your... ...

PRESIDING OPPICER: (SENATOR LECHOWICZ) 311  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRKNSCRIPT 37th Legislative Day May 26, 1989 Karpiel.

Oh# alright. But my...my bi: question and my bi: problem with the bill is: I would like to know whether or not someone who is a legislator or an offlcàal Who is a member of a law firm can have some nenber of that 1aw firme if not themselves, representin: a client that doesw in fact, do business With the State?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Netsch.

For the aost part, there are certain prohibitions and they're.o.they're spelled out in some detail. The...even someone who is associated with a lawyer cannot represent in circumstances where it would appear that the reason for that person being alloved to represent is undue influence. And to a very considerable extent, Senator Karpiel, that is really a re-creation and a slight strengthening of existing law.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.

Well, not to prolonq thks. I think that if you're going to say that a legislator cannot have interest in a company khat makes cement that sells cement to the State Department of Transportation, and you are not saying as emphatically that a lawyer cannot be associated with a laW firm that has any member of that 1aw firm representing clients that, in fact, do business kith the State, I think that this bill is flawed in that waye and for that reason, I am going to oppose it.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce. Jeremiah.

A question, please. 3l2  STATE OF ILLISOIS 86th GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26w 1989

PRESIDING OFPICER: (SENATOR LECHOWICZ) Indicates that the Lady will yield.

Senator Netsch, on this nepotism section, with respect to the relationships. Would you explain for the reeord, for me, where that ends? PRESIDING OFPICERt (SENATOR LECHOWICZ) Senator Netsch.

Maybe it Would be easier if I just read the langua:e. Because ''A Legislator shall not employ or advocate the employment of a person by a State entity over which the legislator exercises authority, supervision, or control.'' And then it goes on to explain. Thatw by the Way, is very close to the language that was included in the Chicago Ethics Ordinance that was recently passed.

PRESIDING OFFICKR: (SENATOR LECHOWICZ) Senator Joyce.

Does this apply...would this apply to for example, a spouse of a second cousin? Doe; it go that far down?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch.

I'm sorry. A spouse of a second cousin? No.

Where does it end? I want to know.

Then I have go back...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Where does it end? Senator Netsch, please.

The definition of relative is in Section 1-123: Spousey 3l3  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26e 1989 parent, child, brother: sistery aunt, uncle, niece, nephew, grandparent, grandchild, et cetera. But not a cousin of a

Spouse.

..o spouse. A spouse of a second cousin, no .

Spouse of a first...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

... cousin?

No.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Okay. That eonvinced me. Senator Luft.

A...question of the sponsor, please.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates she Wil1 yield.

I would...l would lkke to pursue Senator Joyceîs questkon on nepotism.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Please proeeed.

If I have a daughter or a son who is a grade school teacher in District 150, or wants to be a qrade school teacher in District 150e and I call the Superintendent of Schools and tell that individual that I Would appreciate consideration for my child, ax I in violation of this Act?

PRESIDING OFPICER: (SENATOR LECHOWICZ) 3l4  STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRRNSCRIPT 37th Legislative Day May 26z 1989 Senator Netsch.

No.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Luft.

Theno..then let me read your own language to you Eor what you told...you just said, and I think Iêm going to read alike. A legislator, official, or employee may not employ or advocake the employment of a relative in an entity over Which the legislative...legislator, official, or..wemployee exercises authority. There is a major statement there when it says ''exercise authority.'' The appropriatlon of money, to me' is exercksing an authority over a11 of State government. And not only all of State government, but local government. So if# in factz I am exercising my vote on the appropriation process to fund the school...equalizer formula, I could be, in my vieW, interpreted ln violation of this. And as a matter of fact, even if my child: let's say: was a Ph.D. and Wanted to be a professor at the University of Illinois, I could conceivably be considered in violation of this Act.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch.

No. You p..you have to understand what this language means. And again: let me point out that the languaqe is...pretEy well tracks that khich Was included in the Chicago ordinance, which was recently enacted. And one of the...I don't mean that our ineerpretation neeessarily tracks wkth thekrsz but that ks the way that language is interpreted. An agency or an entity over Which you exercise authority, supervision, or control does not include every part of Staee government what..win which you happen to vote 315  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislakive Day May 26, 1989 on the appropriations. That is not the exercise of direct authority or control.

PRESIDING OFFICER: (SENATOR LECHOWICZ) It could be a long night. Senator Keats. Are you throuqh? I'm sorry, Dick. Senator Luft.

The only things then let's determine right here in the record. The appropriation process that the State Legislature goes through each year is not classified for the purpose in this bill as an exercise of authority, or supervision, or control. The appropriation process is not applicable to this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch.

Was..pwas that a question? I'm sorry. 1...

PRESIDING OFEICER: (SENATOR LECHOWICZ) It Was a statement for the record. For khe court case, I would imaqine. Hopefully, it never gets there. Senator Luft.

I asked, I think, a very important question.

PRESIDING OFFICER: (SENATOR LECHOWICZ) ...Xes, you did.

.p.Because this bill, and it is a question, and I think it should be clarified at this poink. I want to know the definition of ''exercise of authority.'' And I want to know speciflcally if that definition ineludes the appropriaeion process tha: Ehe State Legislature goes through each year here.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Netsch. SENATOR NETSCH) The answer is it does not include simply the appropriation 316  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 proces: over some State agency . That's a direct answer.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Good. Senator Luft, are you through? Senator Luft.

Ilm sorry, Mr. President. I...IIm not...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Why donlt you just address the bill?

No. Theo..the point...she keepB putting tn Words thatp..khat are very important. She said some State agencies. And I want the record to refleck thak. I want to know What State agenciesy because don't particularly care to be in violakion. Wedre talking about the Department of Transportatione We're talking about the University of Illinois. Which appropriation processes on which agencies would not be defined as an exercise of authority? I don't care to get into the dialogue right now. And I don't want to prolong.o.that is just a question that I have on the bill, and maybe it's best not even answered.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senaeor Keats.

I was simply going to say, I had been contemplating supporting the bill. But as I look at 1t, it is just impossible. I Want ko raise one interesting point. If you remember basic civics, there are three branches of government. The Executive Branche who 's in this bill. The Legislative Branche whols in Ehis bill. ïou know, tbere is a third branch of government that isn't in *he bill. Let me give you one example. A good friend of many of ours was the head judge of a eertain court on a Friday. On Monday, he Was an attorney prackicinq in that Bame court. 1'm not knocking him for it. God bless him. He's out earning a living like everybody else. But the simple fact isw the Executive Branch: thatfd be 3l7  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26z 1989 unacceptable. The Legislative Branch, that'd be unacceptable. And yet, in the third branch of government, clearly the most powerful of the tbree: no questions asked...

PRESIDING OFFICER: (SENATOR LECHOWICZ) ... senator Fagell. SENATOR KEATS; don't think that's acceptable.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell.

A question for the sponsor.

Indicates she dll yield.

Are you saying: for instance....

PRESIDING OPFICER: (SENATOR LECHOWICZ) . .. Pawe11.

. .. khe only.o.the only nepotism problem that we vould have is if we hired a son, daughter: grandfather, grandmother, aunte uncle, et cekera, et cetera, et cetera, for our district office: beeause that's the only one we have authority over. Is that wbat you're sayinq? And if so, why didnlt you say so in the bill?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Eawe11...I mean Senator Netsch.

No, khat Would be one example. Another example would be to...if you were chairing a committee in the Senate, and hired someone in that respect, that would be direct control. What I Was trying to answer to Senator Lufty and I thought I'd answered it: was that just simply appropriaking money for a State agency is not the exercise of.m.authority, supervision, or control, Which is the 318  STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 language of the Act.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Fawell.

I also notice in the bill that you say if...senator Netsch.

PRESIDING OFFICER: (SENATOR LECHOWICZ) She has your attention. Please. Continue with your question.

I also notice there's..there's some question about Whether we call up or talk to any agency aboute saye a constituent who's lookin: for a job. We are no longer supposed to do that? Wedre no lonqer...if...if...some constituency... PRESIDING OPFICER) (SENATOR LECHOWICZ) Senator Netsch. %e understand the question. Senator Netsch.

I didn't hear the end of the question: but, if I understood it, there is nothing that prohibits your doing khat.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.

I'm sorry to speak againv but there's a little blt of confusion on our side of the aisle I'd like to clear up# beaause some of these people Would like to vote for the bill, but are concerned. Would this..pwould your bill prohiblt a legislator from having interest in, for instance, a nursing home, a pharmacy, apeoother types of businesses khak do, in facte receive State aid or money and do business with ehe State?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch.

Only under ehe same set of circumstances that are current lau . One..there is a section in the State contràcts, part of the 3l9  STATE 0F ILLINOIS 86th GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 Statutes right now, that deals With that subject. What I have included in Section 3-123, an interese in State business. is virtually Word for word, existing law, and basieallyy what it Would say is that if you owned more than seven and a half percent of the entity that is doing business with the State, and it then has a State contract, you are right now in violation of State law, and thae...that is simply repeated in this Section. PRESIDING OFFICER: (SSXATOR LECHOWICZ; Senator Xelly.

Thank you, Mr. President. This bill has had about as much debate as it should have toniqht...

PRESIDING OFFICER: (SCNATOR LECHOWICZ) Han: on for one second. Senator Rock.

also thinko.awould suggest the sponsor allow this bill to go back into committee, and I would make that requestz or otherwise, I'd like to move the previous question.

PRESIDING OPFICER: (SENATOR LECHOWICZ) In a minute. Senator Rock.

Thank you, Mr. President: Ladies and Gentlemen of the Senake. I rise in opposition to Senate Bill 866. And 1: too, have read, as mosk have today or previously perhaps, and I was particularly inkerested in Senator Netsch's frontispiece Eo this document. Because agree with the princlples. just eome Eo a differene eonclusion. The principles are that public officials have a special obligation. I agree. The overwhelming majority of public officials are honest and responsible. I agree. Enactment of ethics laws does not necessarily catch the thief, nor does it guarantee ethical behavior. I agree. This conclusiony embodied in Senate Bill 866, when youdre dealing with the employment of 320  STATZ 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 relatives who are otherwise highly qualified, When you are dealing with a prohibition that says thak any one of us who work in State Government, elected, appointed, any way at all, once you leave government, you can 't have anything do with government for a year, or two years, or ten years, or whatever it is. This is, in my judgment, awful. And I Would urge a No vote.

PRESIDING OFFICER: (SENATOR LECHOWTCZ) Senator Netsch, to close.

Well, let me address just two particular points. Senator Keats, with respect to judicial codes of conduct. The reason why it is not in this bill, is that we cannot do that. There are court decisions, which have made it impossible for the Legislature to adopt a code of ethics for the judicial branch: except for the one aspect that is covered by the Constitution, and that is the economic disclosure. They are subject to economie disclosure, the Constitution so provides. Beyond that, I am sorry. I would love to do it, but we can'tl we have been prohibited by previous court decisions. With respect to...senator Rock, I can 't deal with his general malaise about the bill. I would like to point out that the postemployment prohibition is quite limited. It does apply to officials or employees of the Executive Branchw is only a one-year revolving-door prohibition, and it is limited to those agencies, or matters in which the official participated personally and substantially. So that it is only in those limited areas that the postemployment restrickion applies. Let me say, understand what's gokng on here. Qn...this is a...not really that complicated, a piece of legislation. Because if any of you have read the existing Illinois Governmental Ethics Act, you would realize that wer legislators, are already subject to most of the provisions that are picked up and repeated in this Act. One of the main things that it seems to me we ought to do# is to have a 32l  STATE OP ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 comparable code of ethics, applicable to offiaials and employees of the Executive Branch. That is what a very large part of this bill is designed to do. It is a major piece of legislation. It is well-balanced. It is tough, but fair, and I would urge your vote.

PRESIDING OFFICER: (SENATOR LECHOWTCZ) Question is# shall 866 pass. All in favor: vote Aye. All opposed, vote Nay. The votin: is open. Have a1l voted œho wish? Have al1 voted Who wish? Please take the record. On this question, there are 19 Ayes, 25 Nays, 5 recorded as Present. This bill, having failed to receive the constitutional majority, is hereby declared lost. On Page 14 is Senate Bil1 867. Senator Netsch. Please read the bill.

Senate Bill 867. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch.

Thank you: Mr. President. Senate Bil1 867 is the Gubernatorial Elections Finance Act. We have dealt With it in the Senate on several occasions in the past. In fact, we have passed it on three occasions, in the past. It is basically a checkoff that applies only to the offices of Governor and Lieutenant Governor. It is accompanied by resErieEions, limikations on the amount of campaign contributions that can be given to candidates for those offices. It also reskricts the amount that can be spent on those offices, in cases Where the candidates do elect to participate in the partial public financing. It is khe only device by which we can place restrictions on the amount to be spent in campaigns. That is one reason why I think has an 322 $N STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 importance that goes beyond just simply the public matching. I think many of you are familiar with the provisions, we have, indeed, passed it on three times in the past. I would be happy to answer any questions. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dudycz. SENATOR DUDYCZ: Question of the sponsor. PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates she'll yield. SENATOR DUDYCZ: Senator Netsch, as you as you just stated, you have introduced this every year in the Senate. I'd just like for you to clarify, why do you constantly restrict this contribution control strictly for the Governor and the Lieutenant Governor candidates, not for the other constitutional officers? PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Netsch. SENATOR NETSCH: Mostly to get somethïng on tbe books to get -- to find out how it would work. And also because We Will have a limited amount of public matching funds. Probably not enough to cover all of the other State offices, at least for a long period of time. There is a section, by *he way, Senator Dudycz, in the billp that specifieally says we would like to have this apply to other State offices: including perhaps, legislakors, at some point, when we find the way to adequately finance PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schaffer. SENATOR SCHAFFER : Well, Mr. Presidenk, Ehis is a member of the -- this bill is part of the Thompson reelection package. Quite seriously, I -- I 323  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26y 1989 think that the costs of political campaigns are getting out of hand. I might add, probably the most obvious case of conspicuous political consumption happens to be Ehe race for Mayor of the City of Chicago, which has in recent elections achieved astronomical proportions financially, particularly if you end up per capita, and I would think would be a prime target for this concept. In fact, it might be even more deserving than the Governor's race, but the simply fact is that coupling this With the September Primary, I Would suggest we just dispense wiEh reelectin: the Governor the election and -- at all, and just appoint him for life. A lot of enthusiasm over therez quys. Wedll have to clear that with the United Republican Fund, but -- seriously...

PRESIDING OFFICER: (SENATOR LECHOWICZ) We've got some doubts about that.

ïes. I think We have to think twice, and then, While I happen to be pretty fond of the current incumbent, I'm not sure that he wants to spend his whole life as Governor. Well, at least till Samantha 's o1d enouqh to take the position. But, you give you give the Governor the advantage of you guys having a nice spirited primary, and then -- in September, and then you go in with a limited campaign expenditure for the challenger, and in this case, I would argue, particularly for the Office of Governor, reqardless of the personality, the incumbency...

PRESIDTNG OFFICER: (SENATOR LECHOWICZ) Would you bring your remarks to a close, please?

I will when my time runs out, Mr. President. I don 't see khe light on. If you Want me to shut up, you turn the light on, and 1111 obey the rules. You turn the light on When I start.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Okay . Start right now . 324  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989

I know the hour is late. But let's have a lkttle courtely for khe Members.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Welle please, how about the rest of us?

I didn't think the Chair was supposed to interrupt people in debate, I did recall.

PRESIDING OFFICER: (SENATOR LECHOWICZ) I1m not going to, either.

My point bein: that the incumbent Governor, reqardless of who he is, has a fleet of airplanes, has his name on zillions of pieces of paper, tremendous advantages. And I would say obviously, I'm saying it - even though I am a fan of the current Governor's, this would be unfair for any challenger, and make it very difficult to unseat an incumbent Governor who had any political smarts at all.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Netsch, to close, please.

I hesitate to point this out, Senator Schafferz because I don't know whether it kill hurt or help in terms of any votes on the other side, but it applies first to the election of 1994: simply because we Would not have accumulated enough matching funds until that election. I would like to just address that one point brkefly, though. I really belkeve that kn the end: that ks in the lon: run, that this form of helping to finance campaigns for major Statewide offlces will help challengers even more than incumbents. Incumbents have access to huge amounts of money. Challengers often do not. This limits the amount of money that the incumbents can get from PACS or from individuals. And I think over a period 325  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRKNSCRIPT 37th Legkslatkve Day May 26, 1989 of time, thak really is going to help even the -- the playing field, if you wkll, between challengers and incumbents, and that is one of its advantages. The maln advantage ise it's going to cut down on the amount that is spent in campaiqns, and I Would urge your vote - Yes.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall 867 pass. All in favorz vote Aye. A11 opposed, vote Nay. The voting is open. Have all voted who wlsh? Have all voted who wish? Please take the record. On this question, there are 23 Ayes, 31 Nays, none recorded as Present. Thi: bill, having failed to recelve the constàtutional majorîty, is declared lost. 870. Senator Severns. Read the bill.

Senate Bill 870. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Severns, please.

Thank you, Mr. President and Members of the Senate. Senate Bill 870 simply encourages CMS to encourage and assist the State in purchasing environmentally safe products, and to ensure their usaqe by the State, through competitive bidding and any other meaoure that they can encourage such use. We passed out of the General Assembly Senate Bill 1616 last year, sugçesting that the counkies over one hundred thousand population meet the 1990 deadline, and we're just suggesting that the StaEe should also do everything it can to encourage such practices.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion?

I knoW of organized opposition. I know that the Illinois Farm 326  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Bureau is in support of this.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Any diseussion? Question is, shall 870 pass. All in favor, vote Aye. Al1 opposed , vote Nay. The voting 's open. Thank you. Have all voted who wish? Have a11 voted kho wish? Please take the record. On this question, there are 58 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 872. Senator Joyce. Read the bill.

Senate Bill 872. (Becretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

Thank you, Mr. President and Members of the Chamber. 872 will establish a schedule for the attainment of comparable worth in the State. Believe everyone in the Chamber is familiar with this. When we first started trying to implement thisz there was but one state in the nation that had it, and a couple Were trying. Now almost a third of the nation has The argument that is -- the primary argument that Was presented to defeat ehis legislation in the past, had to do With the cost. But a1l the estimates -- al1 the estimates that came forward in a11 the other statesz When they were trying to defeat this, proved to be false. There has been successful implementakion of this. We should do it in this State. I know that most of the Members in this Body have made up their mind on it. The outcome is going to determined by the thought of one or two people here today. And I would just ask that you think of a11 of these people through these years who have worked - and it wasn'k any intentional ot il1 will intentional 327  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37*h Legislative Day May 26, 1989 wrongdoin: on the part of any State official. There was just a series of things that caused this to happen. But nevertheless, a number of people, nurses: librarians, et cetera, have been treated unfairly over the years, and we should put a stop to it. So I won't belabor it. The hour is late. I Would just ask that you support 872.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Any discussion? Senator Xarpiel.

Thank you, Mr. President. May I ask the sponsor some questions?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Indicates he'll yield.

Will CMS be the ageney or the department that will have the authority to develop and implement this -- this classificakion, this ranking?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

I believe that khat is going to be left up to -- as part of the collective bargaining process.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.

Well, how exactly does the collective bargaining proeegs gêk involved in this? I mean, who actually sits down and makes the rankings of nurses equivalent to Whatever, you knoe, the salary of whatever, and then, once this ranking is done, Who is going to implement it? And then how does collective bargaining even come into play? I can never understand how this kind of legislation -- I mean, how this kind of a process can kork. 328  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAK SESSION SENATE TRANSCRIPT 37th Legislaeive Day May 26, 1989

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyee.

Senator, that has not been a problem. Webve talked about that the last two times We had committee hearings on that. Other states have not had any problems ln doing that. It's just -- it's not a problem. We have -- we have a study that was done here in 1983, by the State, in which they were able to successfully set up a -- a -- a schedule and a -- a eomparison of jobs and rank them. It is not a problem . If that is the only problem that you would have with this bill, then we could go into it.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marpiel.

Well as Senator Joyce has said, the hour is late, and most people have made up their minds on this lesislation: so I Won't belabor the point, but that's nok the only problems I have with this bill. I stand opposed to this legislation. END OF TAPE TAPE 8

PRESIDING OFFICER: (SENATOR LECHQWICZ) Senator Raica. Move the previous question? Gentleman moves the previous question. Senator Joycey to clcse.

I just ask for a roll call, thank you.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 872 pass. All in favor, vote Aye. A11 opposed, vote Nay. The votingls open. Have a11 voted 329  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 who wish? Have all voted Who Wish? Please take the record. On this question: there are 23 Ayes, 28 Naysy 1 recorded as Present. This bill, having failed to receive the constitutional majority, is hereby declared lost. 877. Senator buft. Read the bill.

Genate Bill 877. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Luft.

Thank you, Mr. President. Senate Bill 877 was inkroduced at the request of the Illinois Hospital Association, in an attempt to satisfy the problems that either exist or that are perceived eo exist within the hospitals, within the State of Illinois. This bill impacts, specifically, on what's called the ICARE Program, which is in five different regions and represents approximately a hundred and seventy -- a hundred and seventy-seven hospitals. In most of our rural areas, those people that do not contract with the Department of Public Aid, are grouped tnto a special groupz and the the costs are determined by the average in that group , and it is a negatkve response to many of those hospitals that have more than a proportionate share of Medicaid patients. The bill proposes a certain formula for setting those costs. would attempt to answer any questions. My thoughts are that this Will be used as a vehicle for negotiatinq purposes, if in facke it survives this test. I will try to answer any questions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

Yes, Mr. President, Ladies and Gentlemen of the Senate. I have great admiration for Senator Luft, and I do appreciate What 330  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 he's trying to do here. I also appreciate the faet that he obviously thinks no small thoughts, 'cause the price tag on this one is three hundred and fifty-seven million. And - three hundred and fifty-seven million, for those of you who missed that. And whak I suppose is upsetting to ne is this literally just completely abandons the whole concept of ICARE, Which makes some attempt, you know, to keep eosts in line. It just opens the door once agakn to just open and free spending. Sonewhere alon: *he line, I suppose we all have to kind of deal With some mark of principles. think We have, you know -- would be nice if there was enough money in the world to do everything. don't think wefre at that point. I -- I could not support the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Luft, to close.

% Well, I've been handed about eight fiscal notes this year, and I haven't found one thatls been right yet, to be perfectly honese With you. And I Would suggest that this one is not right. We feel it's going to cost forty million dollars, half of which is -- will be reimbursed by the Federal Government. And even our own analysis, which is also wrong, has it a little somewhat higher than that. I don't think the Department of Public Aid's analysis is correct. I would hope that we could move forward With this b11l, based on the merits of the billz that we can discuss this subject matter at a future date and put it in a posture of one -- a bill that can be negottated, and perhaps readdress Ehis wieh an updated and a ftscal note that is more realistic. I would ask for a favorable roll call.

PRESIDINC OFFICER: (SENATOR LECHOWICZ) The question is, shall Senate Bill 877 pass. Al1 in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a1l voted who wishz please? Have al1 voted who wish? Have all voted 331  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 who Wish? Please take the record. On this question, there are 26 Ayes, 30 Nays, none recorded as Present. Tbis billr having fakled to receive ehe constitutional majority, is hereby declared lost. 878. Senator Marovitz. Read the bill, please.

Senate Bill 878. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. Senate Bill 878 adds enforcement meehanisms into the law, that already provides judges with khe authority to require a noncustodial parent to add their children as beneficiaries of medical insurance policies. Over the last several years the -- we in the General Assembly have recognized the serious problems resulting from the nonpayment of child support, and we dve tried to take steps to improve the lives of kids in single-parent households. This bill takes us another step forward. by making medical insurance premiums part of the child support obligationg in requiring an employer to enroll the child in an available medical insurance plan, and deduct any required premiums from the noncustodial parent's paycheck, pursuant to a court order. It allows the court to order medical insurance coverage for a child, not only when first establishing *he ehild suppor: obllgation, but also when enforcing or modifying a previously established châld support order. And it provides two additional remedies for noncompliance wieh a medical support order, in making the noncustodial parent liable for a -- reasonable portion of the medical expenses actually incurredr and allowing noncompliance ko be the basis for a modification of the underlying order of 332  STATE 0F ILLINOIS 86th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 support. We're trying to protect kids here and make sure they are covered by the health knzurance premiums of the noncustodial parent, generally the father, and I would ask for support for this legislation.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Schuneman.

I'd like to ask some questions of the sponsor, Mr. President.

PRESIDING OPFICER: (SENATOR DEMDZIO) Yes, sir.

Senator, I think we generally agree With What youdre trying to do here, and apparently the decision is left to the court, is it not, to -- to order which way this Will be done? And whichever employer, either the employer of the husband or the wife, may be required to add the child to that -- and the dependents to that insurance. Is that basically what youdre doing here?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Marovitz.

Basieally, the ûourt can do tbat today. But this would allow the the amount for the health insurance to be deducted from the check of the employee.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Schuneman.

Well, you seem to take care of employees pretty well here, and put the charge on the employer. Why have you excluded union insurance?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator...

333  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26: 1989 Why have you excluded union insurance plans?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Okay. Frankly, I'm nok sure khy they were excluded, and I didnlt know until this moment. If they are, indeed, excluded, they shouldn't be. And I will see that it's taken out. I don't know Why anybody should be excluded. Wefre trying wedre trying to support kids and make sure the kids get health insurancez and I don't think anybody ought to be excluded from the purview of that jurisdiction.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- Senator Schuneman.

Well, it appears that it Was your amendment that -- that did exclude them, Senatorz and I -- maybe it was an error, but -- it -- everywhere in the bill where it refers to insuranee carried by the employer or the union, the words f'or unionê' have been stricken. As we understand the amendment.

PRCSIDING OEFICER: (SENATOR DEMUZIO) Senator Marovitz.

There were several -- several things in that amendment - in fact, quite a number of things in that particular amendment, that was negotiated between the Child Support Center and the Department of Insurance. I'm not sure why Ehey put tha: -- pu* Ehat in there. But I don 't agree with that, and I will take thak out in the House.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schuneman.

Welle as long as we have your pledge to treat people equally, 334  STATE OP ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 ! whether they are employed by a private employer or if they lre i covered under a union plan, I think there's no reason to oppose the bill. And as I understood what you said, we do have your pledge.

PRESIDING OFFICER: (SENATOR DEMUZIO) rurther discussion? Tf not, the question is, -- Senator Weaver.

Well' Senator Marovitz, Why can't We take care of that when the House bill comes over herez rather than depend on the House to take this -- to take care of it?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Well, wefre not really going to depend on the House, because if there's an amendment put on there, it's going to have to come back here.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Weaver.

I -- I -- I will be -- I Will be giving this to...

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Marovitz.

..p the Chairman of the Judiciary Committee Where this bill will go throughe and he will see to it that that amendment is put on. I don't know what is going to happen with the bill in the House.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 878 pass. Those is favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who wish? Have a11 voted who wish? Have a11 voted Who 335  STATE OP ILLINOIS 86th GZNZRAL ASSZMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 wish? Take the record. On *hat question, the Ayes are 37y the Nays are l5, none voting Present. Senate Bill 878, having received the required eonstitutkonal majorkty, is declared passed. Senate Bills 3rd Reading is Senate Bill 883, Mr. Secretary. Read the bill.

ACTING SECRETARY: (MR. HARRY) Senate Bill 883. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING QFFICER: (SENATOR DEMUZIO) Senator Raica. SENATOR RAICA) Thank you, Mr. President and Ladies and Gentlemen of the Senate. The the Calendar is absolutely correct. What is does, it amends the Criminal Code to provide for seizure of any vehicle, vessel or aircraft used in practicing prostitution, pandering or pimping, upon convietion of the offender. And I ask for your support.

PRESIDING OPFICER: (SENATOR DEMUZTO) Diseussion? Question is: shall Senate Bill Senator Hawkinson.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicakes he will yield. Senator Hawkinson.

Senator, does this mean that if someone is is convicted of going to a prostitute, that if the wife owns the car, but it's in both names, that the wife would lose the car?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica.

336  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 That is -- that is not my -- what my intent is. If the car Was used while tbe -- in the act of the commission, that automobile could be taken away -- or can be seized, upon conviction.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson.

Even if the spouse jointly owns the car, the not guilty spouse?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica.

It -- it's my understanding, that it's With the knowledge and owner -- or knowledge and consent of the owner. So if the wife's the owner of the car, I Would say that the car Would not be taken away.

PRESIDIND OFFICER: (SENATOR DEMUZIO) Senator Hawkinson.

I'm talking about a situation Where the offender and the spouse own the car, where the offender obviously had guilty knowledge. Bu* the -- khe joint owner did nok.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica.

The joint owner would have to know and consent to If she didn 't know to it: then the car wouldn't -- the answer Eo your question is no.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Question isp shall Senate Bill 883 pass. Those is favor Will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who Wish? Have al1 voted who wish? Have al1 voted who Wish? Take the record. On that question, the Ayes 337  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 are 46, the Nays are l voting Present. Senate Bill 883, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 885 -- 887. On the Order of Senate Bills 3rd Reading is Senate Bill 887, Mr. Secretary . Read the bill.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 887. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. Senate Bill 887 creates a Nutrition Outreach and Public Education Program in cooperaEion with numerous State agencies, to insure maximum participation in federal and State food assistance proqrams. In committee we heard testimony that clearly indicated that there are many, many counties that are underserved in this area. Statistics given include that food stamp eligible population is approximately 2.6 million persons, but food stamp population receivin: services is 1.9 million persons. This Outreach Program is designed to reach people a11 over the State that are in need of this assistance, and I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Donahue.

Thank you, Mr. President. rise in opposition to this legislation rather reluctantly, but I -- I do think itls not the right way to go about it. A number of these programs are administered by various agencies throughout State Government. This is asking and requirinq the Department of Public Health to administer a program to tell people about it, and I think there 338  STATE OP TLLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 37th Legislative Day May 26w 1989 are a number of institutions and community action organizations, Department of -- or our area agencies on aging, and all types of things like this that can go out and tell people about this situation. So I don't think it's as necessary as -- for the Department of Pubkic Hea1th to be able to adminkster this. Itîs also a nonbudgeted item, and the cost is estimated to be in the neighborhood of three hundred thousand dollars.

PRESIDING OPFICER: (SENATOR DEMUZIO) Further discussion? Senator Keats.

Extremely briefly, everything Senator Donahue says is a hundred percent in spades, but just philosophically, we are using State money to recruit people to :et on food stamps and various State aid programsr and it -- the information is out there. You reach a point of saying, ''Do we really have to go out and solicit people and ask, 'Will you please do us a favor and 9et on these State aid programs?'' That just is not the role of government, and I would appreciate a No vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? If not, Senator del Valle may close. SENATOR dEL VALLE: Well, we -- we are using a very, very small amount of money to get information to people that are eligible for federally funded food proqrams. Programs that are a hundred percent federally funded. If we donît reach these people, then we will end up paying for the State's Medical Assiseance Program, that they will then have to utilize. So in the lon: run, what webre doàng is savin: the State money . We're not costînq the State dollars. So I -- ask that We get a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) . aw tmachine cutoffl... Question is, shall Senate Bill 887 pass. Those in favor will vote Aye. Those opposed: Nay. The voting 339  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 37th Legkslatkve Day May 26, 1989 is open. Have a1l voted who wish? Have al1 voted Who wish? Have a11 voted who wish? Have all voted Who wish? Take your record. On that question, the Ayes are 30, Nays are 28: none voting Present. Senate Bill 887, having received the required constitutional majority, is declared passed. Senator Donahue, for what purpose do you arise?

Verification.

PRESIDING OFPICER: (SENATOR DEMUZIO) All right. Senator Donahue has sought verification. Clerk Will read the -- I'm sorry. Mr. Secretary, will you read those who -- Members who voted in the affirmative, please?

ACTING SECRETARV: (MR. HAQRY) The following voted in the affirmative: Alexandery Berman, Brookins, Carroll, Collins, Daley, D'Arco, de1 Valle, Demuzio, Thomas Dunn, Fawell, Hall, Holmberg, Jacobs, Jones, J.E. Joyce, J.J. Joyce, Lechowicz, Luftz Marovitz, Netsch, Newhouse, O 'Daniel, Rea, Savickas, Severns, Smith, Vadalabenez Welch and Zito.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue, do you question the presence of any Member?

Senator Savickas.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Savickas on the Floor? Senator Savickas on the Floor? Senator Savickas on the Floor? Strike his name. Senator Donahue. Al1 right. On a verified roll call, there are 29 voEing Yea, 28 Nayse zero votinq Present, and -- Senate Bill 887 fails. Senator Kelly, for what purpose do you arise?

Mr. Chairman, I donît want to slow down proceedings at al1 here. I'd like to move to reconsider the vote, but 1111 tell you What. I got a problem with -- and I don't knoW Where the 340  STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 coordination came in, but there are so many programs that we 've voted on that are very worthy in nature, but somebody should have coordinated these - put them a1l together - and I wish my Members, especially on this side of the aisle, would have, you know, got together somewhere along the line and not put us a11 on a spot With this, but 1'11 move for a reconsideration on my vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) . .. t machine cutoffl... A11 right. Senator Kelly has moved to reconsider -- Senator Kelly, voting on prevailing side, has moved to reeonsider the vote by which 8-8-7 lost. Senator Davidson, for what purpose do your arise?

Well, I didn't look at the boardz but did Senator Kelly vote No, since this bill lost? Thank you.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Those in favor: indicate by saying Aye. Opposed, Nay. The Ayes have it. The vote is reconsidered. Question is# shall Senate Bill 887 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? 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. Senate Bill 887, having received the required constltutional majority, is deelared passed. On the Order of Senate Bills 3rd Readin: -- Senator Davidson, for what purpose do you arise?

Idd ask for another verification of the Aye votes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, Senator Davidson, youdre entitled to that, but this time they're al1 here. I can see them. Mr. Secretary, would you please read those who voted in the affirmative, please? Senator -- Senator Davidson. 341  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

The person who I thought Was missing I see standing over on the other side. Remove -- Withdraw the request.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Senator Davidson's withdrawn the request. All riqht. (machine cutoff) On the Order of Senate Bills 3rd Reading is Senate Bill 8-9-0. Mr. Secretary, read the billr please.

ACTING SECRETARY: (MR. NAQRY) Senate Bill 890. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator de1 Valle. SENATOR dEL VALLE: Thank you , Mr. President. This bill should have been on the Agreed Bill List. It was worked out with the Department of Public Aîd, and basically it involves testing of recipîents in order to ensure that they are properly plaeed. I ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Question isz shall Senate Bill 890 pass. 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 49, the Nays are 5: none voting Present. Senate Bill 890, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 891, Mr. Secretary.

ACTING SECRETARY: (MR. HADQY) Senate Bill 891. (Secretary reads Eitle of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) 342  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Da# May 26, 1989 Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. Presidenk. This bill reduces from five to one the number of new employees needed for a business to qualify for a fkve-hundred-dollar jobs tax credit. It changes contributions to designate its own organizations from tax deductions to tax credits. The intent here ks to make kt easier for the little guy - the little businessman - to compete within an enterprise zone, increase the number of businesses, and also increase the contributions to designate its own organizations that should be working alongslde with businesses to ensure that there's development in the zone. I move for its adoption .

PRESIDING OFPICER: (SENKTOR DEMUZIO) Discussion? Senator Rigney.

Well, it seems like we certainly do like various tax credit bills this year. We have voted on literally an armload of them. Let me understand -- first of a11 I want to ask a question or two , if I can. Okay . Senator de1 Valle, do I understand, nowz that if some company makes a contribution to one of these zone organizations, they get a credit for the full amount of their conkribution?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator de1 Valle. SENATOR dEL VALLE: Well, the problem is that there hasn't been a contribuEion made yet. This is the designated zone organizations are the forgotten mission of the enterprise zone legislation. So it really hasn't been used.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rigney.

343  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Regardless of that, the law presently kould allow you to do this as a deduction. And now thatls four percenty as versus a hundred percent. And franklys I don't know of any precedence in the law where we allow full investment credits for contributions of this kind. Furthermore: reducing this -- this jobs thing down to the creation of one job, as I understand, there's something like thirty eight thousand jobs that had been created in the various enterprise zones of the State, With a five-hundred-dollar credit, so 1 guess wedre talking upwards of twenty million dollars in that area. So looks like it's rather expensive, and i: looks like we're eertainly plowing some new ground here, as far as the way we're going to treat contributions to these enterprise zones.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further -- further discussion? There are a number of speakers. Senator DeAngelis. Going once, going twice, going khree times. Senator Schuneman. SENATOR DeANGELIS: Whoa.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schuneman.

Did I win, Mr. President?

PRESIDING OFFICER: (SENATOR DEMUZIO) Yes. Always. SENATOR SCHUNEMAN; Question of the sponsor. senator, as understood what you said, any employer with one employee would now be eligible for a tax credit. So decide to start a business in a zone, and I incorporate my business and employ myself, I understand from that that I would then be eligible for these tax credits. Is -- do I understand that correctly?

PRESIDING OFFICER: (SENATOR DEMUZIO) 344  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Senator de1 Valle. SENATOR dEL VALLE: Well, we Want you to start a new business. This would apply to those that hire one new employee.

PRESIDZNG OFFICER: (SENATOR DEMUZIO) Senator Schuneman.

Well, I understand that, but to -- a corporation is a business entity, and if I am employed by tbat corporation, even though I nay own ie, I'm an employee. So I'm hired.

PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Further discussion? Senator del Valle may close. SENATOR dEL VALLE: Well, want to point out that these are two new -- two initiatives from DCCA. The Illinots Enterprise Zone Association, made up of local zone admknistrators, supports changing from fkve to one the hirings required to qualify for the jobs tax credit. And DCCA aqrees that something has to happen with DZOs# so these are initiatives from DCCA. It's -- theydre meant to help the little guys - the smallest of the small business people - and I think we ought to support So I ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 89l pass. 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 wish? Have a11 voted who wish? Have all voted who wish? Last call. Take the record. On that question, the Ayes are 30# the Nays are 27r none voting Present. Senate Bill 891, having received the required constikutional majorityz is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bill 892, Mr. Secretary. Read the bill. 345  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26, 1989

ACTING SECRETARY: (MR. NAQRY) Senate Bill 892. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. This would establish a pilot program through IBHE to provide scholarships at public colleges and universities to low-income adults for job retraining. This is addressing the need to provide training opportunities for those individuals that need upward mobility and are looking for upward mobility. It's a very small program; We're talking about a hundred and thirty-two employees. The employees would be recommended by employers from sixty-six businesses, which will be selected to participate in ehe program, and the employer would pick up fifty percent of the cost. So I think it's a good economic development bill, and I ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMDZIO) Discussion? Question is, shall Senate Bill 891 <sic> pass. Those in favor will vote Aye. Those opposed: Nay. The voting is open. Have a11 voted who wish? I beg your pardon, 892. Have a11 voted who wish? Have all voted Who wish? Take the record. On khat question, the Ayes are 30, the Nays are 25, 2 votin: Present. Senate Bill 892, having received the required constitutional majority, is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bill 896, Mr. Secretary. Read the bill.

ACTING SECRETARY: (MR. HADRX) Senate Bill 896. (Secrekary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) 346  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 Senator -- Senator Zito. Ten, nine, eight, seven.

Excuse me. Thank you, Mr. President and Members. Senate Bill 896 is very simple. It increases homestead exemption from two thousand dollars to twenty-five hundred. I would move for its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 896 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted kho wisb? Have a11 voted Who wish? Have a1l voted who wish? Take the record. On that questiony the Ayes are 40e the Nays are voting Presenk. Senate Bill 896: having received the required constitutional majorityz is declared passed. Senate Bill 944, Mr. Secretary. On the Order of 3rd Reading.

ACTING SECRETARY: (MR. WAQRV) Senate Bill 944. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen.

Mr. President and Members, we had some considerable discussion about this issue the other day. And I don't mean to repeat it. But the bill does extend slightly the exlsting Nonconsensual Electronic Surveillance law that was sponsored by Senator Deqnan and Representative O'Connell last year. 1* ex*ends it only to khe following offenses from the present application to felony drug crimes. It extends it to first degree murder, conspiracy to commit first degree murder, solicitation of murder, and solicitation of murder for hire. These areg in my opinion, the most serious crimes. They were included in the recommendation 347  STATE OP ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26w 1989 that the Governor made to us tWo or three years ago, and I Would ask for your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator DlArco.

Thank you. Mr. President, when we debated this bill last time, we kndkcated on this side of khe aisle: that we voted for the bkll to allow eavesdropping on druq cases, because we got a commitment from the Cook County State's Attorney, and because drugs are such a scourge in our soeiety. And we want to do everythin: we can to eliminate drugs from our society. And Senator Barkhausen indicated, kell, he never had a commitment - he never made a commitment, and if was up to hkm, he would extend this 1aw to include political corrupkion and extend the 1aw in al1 of its to against all crimes in the State of Illinois. And that's his right to suggest that. Bue what we worry about over here is the abuse of prosecutorial power. And there's a fine line between the power of the State ko protect society and the rights of indivkouals to be protected against the abuse of power. And we're worried over here about going over that line. Because once you go over the line, it's a long Way back. And as We know from hlstoryw when we look at other societies: and if you look at Russia, today, and if you look at China today, and if you look at other societies today, they are struggling to eome back for the rights of desocracy in those countries. They are kn turmokl in those countries today, because kheir citizens are saying, ''We Want the right of free expression. We want freedom to be ourselves and express ourselves as we see f1t as human beings.'' That 's what we're worried about in khis Chamber, in the State of Illinois, on thks bill today. And it may seem to you a small step: but to us# it's a step possibly - posskbly - kn the direction against the freedoms that we cherish so much in our society. This is a bad 348  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR BESSION SENATE TRANSCRIPT 37th Legislakive Day May 26, 1989 bille Ladies and Gentlemen, and it should never be extended.

PRESIDING OFPICCR: (SENATOR DCMUZIO) Further discussion? Senator Thomas Dunn.

Thank you, Mr. President. Question of the sponsor.

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicakes he Will yield. Senator Dunn.

Senator Barkhausen, since we -- we tend to have a balancinq test on these types of things, hoW many convictions Were there, for the offenses that you wish to extend Ehis to, lase year?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Barkhausen.

I don't have khat information in front of me -- Ilm -- I'm -- undoubtedly throughout the Stake of Illinois, there were numerous convictions - I suppose kn the hundreds.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Dunn. Senator Barkhausen may close. I beg your pardon. Senator Marovitz.

Just one question of the sponsor. Xou mentioned that you wanted to extend ik to these whae you consider the most serious crimes. Does that mean, if you consider Ehese khe most serious crimes: thak you won 't eome back here and support further extension oE nonconsensual eavesdropping in :he StaEe of Illinois to others that are not serious crimes or far less serlous crimes?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Barkhausen.

Senator Marovitze this bill just, of course, deals kith first degree murder, and thae's all khat this bill will deal with. 349  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SBSSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 mentioned as an aside the other dayy when we had some debate, that it was my oWn personal oplnion that our own 1aw in Illinois ought to be as extensive as the federal law , which isn't to say what Senator D'Arco did a moment ago -- that ought to apply to every kind of crime. But this -- this bill is - and so far as 1 am concerned, will be limited to the crimes to which it is noW confined, and I ask for its support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Questions is, shall Senate Bill 944 pass. 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 37: the Nays are 15: 1 voting Present. Senate Bill 944, havin: received the required constitutional majority, is declared passed. Senator Barkhausen, for what purpose do you arise?

Having voted on *he prevailing side, I Would move ko reconsider.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Barkhausen has moved to reeonsider. Senator Davidson has moved to Table. Motion carrles. Senator Fawell. On the Order of Senate Bills 3rd Readkng is Senate Bill 945.

ACTING SECRETARY: (MR. NAPRY) Senate Bill 945. (Eecrekary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Pawell.

Thank you very much. This is a bill that Was put forth by the Citizens Couneil on Mental Hea1th and Developmental Disabilities. 350  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 And it is co-sponsored by Senator Kelly, Senator Lechowicz and Senator Mahar. Basieally, what it does, it authorizes the Department of Mental Hea1th to make grants and payments to community facilities for capital development. Those of us who serve on the commission admit that -- that the problem lies that we 've 9ot to have more facilities in the community to take care of our mentally ill. This is the best place and the best Way Where We can get the biggest bang for the buck, and -- and ie certainly is the most humane way. The problem is that the local communikies do nok have any ability to make their eapital investments. I think if we can help them out in this manner, then We can go forward with the program, and our mentally can indeed be served. And I would solicit your Aye vote. 1111 be willing to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Smith.

Would the sponsor yield?

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

Thank you. Senator Fawell, could you tell me, What is this bill doing that the Department and khe Illinois Eealth Facility Authority cannot do currently?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell.

I1m sorry I did not hear -- could you turn her up a little bit? didnît didnlt hear the question.

PRESIDING OFFICER: (SENATOR DSMUZIO) A11 right. Senator -- Senator Smith.

35l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26z 1989 Can you hear me now? I merely Wanted to ask your what is this bill doing that the Department and the Illinois Hea1th Facility Authority cannot do currently?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell.

As of this moment, they do not have the authorization in order to do this. They don't have the bond issue, in order to do this.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

May I ask you, Why do they oppose this legislation?

PRESIDING OFFICZR: (SENATOR DEMUZIO) Senator Fawell.

I have talked to the Department over the last couple years and they would like to see more community development done, because this isr as you well know - and you and I have spoken about it - this is where the pakients gets the best help. The problem is that's where the communities are lacking the money in. I think this would be able, for instanee, to be an assistance to your community mental health groups.

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

I rise to support this proposal, Mr. President. It's -- Ehese are funds that are being transferred from the Super Collider the bonding authority, and it's moving over to mental health facilities community programsz and I think it's a worthy program, and I'd ask for your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Fawell may elose. 352  STATE OF ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

The hours late, just I please solicit your Aye vote.

PRESIDING OPFICER: (SENATOR DEMDZIO) Question is, shall Senate Bill 945 pass. Those in favor w1ll vote Aye. Those opposed, Nay. The voking is open. Have a11 voted who wish? Have all voted who wish? Have a1l voted who wish? Take khe record . On that question, the Ayes are 55' the Nays are none, l voting Present. Senate Bill 945, having received ehe required constitutional majoritye is declared passed. 969. On the Order of Senate Bills 3rd Reading is Senate Bill 969, Mr. Secretary. Read the -- read the bill, please.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 969. (Secretary reads title of bi1l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Real quick -- this bill permits absentee ballots to be processed and tabulated at a cenkral accounting location by a special absentee voting panel. This is the bill that Pate Philip doesnft like, but I don't know why - he can steal ballots as well up there as we can in Cook. So, I just ask for a partisan roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) senaEor Dudycz.

Thank you, Mr. President. Real quick. The Chicago Board of Elections are still opposed. The County Clerks are still opposed, and since tbe experts are opposed, I think We should join them and defeat this bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) 353  STATE OF ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day #ay 26e 1989 Question is, shall Senate Bill 969 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted kho wish? Have all voted who wish? Have a1l voted Who wish? Last call. Take the record. On that question, the Ayes are 23g the Nays are 32, l voting Present. Senate Bill 9-6-9, having failed to received the required constitutional majority, is declared lost. Senate Bill 1044. On the Order of Senate Bills 3rd Reading is Senate Bill 1044, Mr. Secretary, please.

ACTING SECRETARY: (MR. HAQRV) Senate Bill 1044. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Welch.

Thank you, Mr. President. This bill is called the Toxic Pollution Prevention Act. The original bill, as introduced, Was a Toxic Use Reduction Act. We have changed this bill through negotiations with the Chemical Industry Council and other interested parties. The bill we have come to today is an agreement among those parties. What the bill is going to end up doin: is creating in the Environmental Protection Agency, a section of toxic pollution prevention, to identify existing State reporting requirements, identify federal and State laws and regulations on waste disposal and releases, develop a use reduction manual for EPA knspectors, and establîsh a permit application review process for equipment or modificatlons involving toxic pollution prevention. Idd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question 1s, shall Senate Bill 1044 354  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26: 1989 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Have all voted who Wish? Take the record. On that question, the Ayes are 52, I beg your pardon, on that question the Ayes are 53, the Nays are 1, l votin: Present. Senate Bill 1044, having received khe required constitutional majoriky, is declared passed. On the Order -- on Page 15, 1095. Senator Severns. 1104. Senator Marovitz. 07. 08. 1108. 1139. Senator Maitland . On the Order of Senate Bills 3rd Reading is Senate Bill 1139: Mr. Seeretary. Read the bill.

ACTING SECRETARY: (MR. HANRY) Senate Bi11 1139. (Seeretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFEICER: (SENATOR DEMUZIO) Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. Senate Bill 1139 does really three things. It is -- will require DPA to reimburse skilled and intermediate care facilikies for labor and labor-related costs on a current cost basis. It also speeds up the payment cycle for the reimbursement for Medicaid residenks. And thirdly, indicates that the interest payment due on a delay in payment will come from the next year's appropriation. Currently that comes out of the -- the current year, and therefore cuts down on the available revenue. be happy to respond to any questions you mighe have, oeherwise would appreciate support of Senate Bill 1139.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator -- Senakor Welch .

Question of the sponsor. 355  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TNANSCRTPT 37th Leqislative Day May 26, 1989

PRESIDING OFPICER: (SENATOR DEMUZIO) Sponsor indicates he will yield. Senator Weleh.

Senator Maitland, hov mueh is this going to cost?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

I believe the fiscal note on that was -- was between about eighty million dollars and a hundred and ninety-two million dollars. And these are not -- these are not new figures. These are figures that we discussed a year ago. There is -- there is agreement in the Governor's Office, in that when revenue is forthcoming, that -- that this is what we ought to do. I would say to you also, Senator, this is somewhat o: a vehicle, as kt's moving through the General Assembly and Will be dealt with, obviously in the other House.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? The question is, shall Senate Bill 1139 pass. Those in favor will vote Aye. Those opposedv Nay. The voting is open. Have al1 voted who Wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 50, the Nays -- 5l, the Nays are 4, voting Present. Senate Bill 1139, havinq received the required constitutional majority, is declared passed. 1156. Senator Severns -- 1167. Senator Joyce. 1171. Senator Welch. On the Order of Senate Bills 3rd Reading is Senate Bill 1171. Mr. Secretary. Read the bill, please.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 1171. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) 356  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Senator Welch.

Thank you, Mr. President. What we're trying to use this bill for -- it's been reduced from What it says in the Calendar. The Calendar is wrong. What it does noW is makes a technical change. We're trying to work out an agreement concerning landfills over in the -- with the House. There's a couple of coRmittees meeting, and we would like to send the bill over to Representative Rulas's committee, and that's the sole purpose for this bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall -- Senate Bill 1171 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who Wish? Have a11 voted who wish? Have all voted who wish? Take the record . On that question, the Ayes are 53, the Nays are none, none voting Present. Senate Bill ll7lz having received the required constitutional majority, is deelared passed. Senate Bill 1177. On the Order of Senake Bill 3rd Reading is Senate Bill 1177, Mr. Secretary. Read the bill, please.

ACTING SECRETARX: (MR. NApRï) Senate Bill 1177. (Secretary reads title of b1ll) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Kustra.

Thank you, Mr. President and Members of the Senate. This bill is an outgroWth of the Lori Dann incident last year. What it does is close a loophole in Illinois law. Right now, what the Department of State Police does when someone applies for a FOID card, they do a check with the Department of Mental Hea1th, and the Department of Mental Health checks the confidential list of 357  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 people who have been institutionalized in their institueions. Snfortunately, the Department of State Police has no idea whether or not that person might have been institukionalized by a private hospital. What this bill does is extend existing practice to private hospitals, so the Department of Mental Health would have to have a list a confidential list - of people who have been institutionalized by pràvate hospitals as well. I believe this is the only bill on the subject of POID cards or guns that is supported by both sides on this controversy - the gun control groups, and the NRA as well. And would solicit a favorable vote. PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Fawell. SENATOR FAWELL: Thank you. Just to add that I did get a card from tbe NRA saying that this is a -- a measure they support. PRESIDING OPFICER: (SENATOR DCMUZIO) Question is, shall Senate Bill 1177 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open . Have a1l voted who wish? Have all voted Who wish? Have al1 voted Who Wish? Take the record. On that question, the Ayes are 56 57, all that -- one slips in there a11 the time. On that question, the Ayes are 57, the Nays are none, none voting Present. Senake .Bi1l 1177, having received the required constitutional majority, is declared passed. Senate 9i11 1180. On the Order of Senate Bills 3rd Reading is Senate Bill 1-1-8-0, Mr. Secretary.

ACTING EECRETARV: (MR. HAQRY) Senate Bill 1180. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen. 358  STATE OF ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

Mr. Prestdent and Members, Senate Bill 1180 makes it unlawful for any person eighteen years of age or older, Who knows they have AIDS, to commit an act of sexual penetration With another, who does not know that the accused has AIDS; or secondly, become, or attempt to become, a blood Gonor; or third, to share a hypodermàc syringe with another. There has been some similar legislation on this subject in the past. Ifm told this is quite similar to a bill that Senator Brookins sponsored in 1987. I'd be happy to entertain any questions, and Would otherwise seek your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 1180 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Have all voted who Wish? Take the record. On that question, the Ayes are 47, the Nays are 2, none voting Present. Senate Bill l18G, having receized the required constitutkonal majority, is declared passed. Senate Bill 1182. On the Order of Senate Bills 2nd -- 3rd Reading is Senate Bill 1182, Mr. Secretary. Read the bill.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1182. (Gecretary reads tktle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SZNATOR DEMUZIO) Senator Barkhausen.

Mr. President and Members. Senate Bill 1182 does kkö things. First, the bill, in its original form, attempts to respond to the recent Illinois Supreme Court case of People versus Lindner: whieh makes -- which provides as a possible sanetion for crimes drug crkmes and sex crimes committed with the use of a motor vehicle - 359  STATE OP ILLINOIS 86th GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 37th Legislative Day May 26# 1989 the suspension or revocation of a drkver's license, as an attempt to respond to that decision. Secondly, it -- relating to -- to driving under the influence of drugs, -- it -- and this is the amendment, the other day, it provides that the implied consent law can be should be interpreted b0th under appropriate circumstance to allow for a breathalyzer as kell as blood or urine tests, and it does some other things about Which I'd be happy to answer questions. seek your support.

PRESIDING OFPICER: (SENATOR DEMUZIO) Discussion? Senator Hawkinson.

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

PRESIDING OFPICER: (SENATOR DEMUZIO) Sponsor indicates he will yield. Senator Hawkinson.

Senator, is this -- is this the bill that provides that a passenger in a vehicle may have his or her license suspended, when when they learn that some other passenger in the vehicle has possession of drugs?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Barkhausen.

No. The first -- no, Senator, in short.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Hawkinson. Question ise shall Senate Bill 1182 pass. Those in favor wkll vote Aye. Those opposed, Nay. The votïng is open. Have all voted who Wish? Have all voted kho wish? Have all voted Who Wish? Take the record. On thae question, the Ayes are 50, the Nays are -- Nays -- on that questione the Ayes are the Nays are 3, none votlng Present. Senate Bill -- 1182, having recekved the required constktutional majority: ks declared 360  STATE OF ILLINOI: 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37*h Leqislative Day May 26y 1989 passed. 1184 Was on the Recall List this morning, Was amended. 1198. Senator Smith. On khe Order of Senate Bills 3rd Reading is Senate Bi11 1198, Mr. Secretary.

ACTING SECRETARY: (MR. NADRY) Senate Bill 1198. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMSZIO) Senaeor Smith.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. With the amendment, Senate Bill 1198 merely mandates the Department of Public Hea1th to devise rules, requlations concerning voluntary HIV testing for the hospital patients. And of course, I Will work with them in the House When they are further to make some added amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, queskion 1sg shall Senate Bill 1198 pass. 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 54, the Nays are none, none voting Present. Senate Bi1l 1198, having received the reguired constitutional majority, is declared passed. Page 16. Wedre getting there. 1264. Senator Marovitz. 1275. Senator Welch. 1281. Senator Joyce. 1282. On the Order of Senate Bills 3rd Readinq is Senate Bill 1-2-8-2, Mr. Secretary. Read the bill, please. ACTINC SECRSTARY) (MR. HANRX) Senate Sill 1282. (Secretary reads tktle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) 36l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 Senator Joyce.

Thank youz Mr. President. This is the bottle deposit bill. I know we 've heard a 1ot about this over the years, and it hasn 't gotten very many votes. But things have changed since 1970, and I think that's the first time this was introduced. The system has changed, we have recycling places now, and we have redemptîon centers. The store is not going to bave to take these bottles back. The liquor store ks not, the tavernls not, if they don't want to. There are a lot of things that are different about this: and I passed out a information sheet - you got one the other day - telling al1 the things that were wrong With this billr and in the interest of time, I'm not going to read all those and give my response to them, but it's right here on this sheet. Along with it on this sheet are projects that can be done. This bill, I might explain to you, Would be a five-cent deposit and a five-cent tax on containers - carbonated beveraqes. And with the -- you know, when you bring the bottle back, or the can back, or the plastic container back, you get a nickel back. The State Would keep a nickel, and wi*h Khat nickel we could do a1l of these things that are listed there. I went to the EPA, to the Department of -- the ENR and to the Department of Conservation, and I said, ''What are the things we could do if we had 236. 5 millkon dollars?'' And they gave me this list. It's a1l the things that we have been promised and we have leqislated that we are goYng to do to clean up tbe envîronment and have noE done. There would be two hundred million dollars over four years to EkR to provkde for recyclins assistance grants to State and locat governments. sixty million dollars over four years for additional funding to complete the original land acquisition programs for our parks. Ten million -- annually for the Department of Public Health to establish a program of inspeeting homes and workplaces 362  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 for radon and lead in the drinking water and other pollutants. Twenty million over four years to the EPA for additional funding for air pollution control. A hundred million over four years eo the IDFA to fund asbestos renoval projects in school buildings. Eighty mkllkons -- eighty millkon over two years to the EPA for priority lake cleanup programs. Ten million annually to the EPA for watershed manaqement programs. Ten million annually to the EPA for lake restorations. Twelve million over four years to the Department of Conservation for endangered species. A hundred million over four years to the EPA to strengthen the Illinois Groundwater Protection Act. A hundred million over four years to finance additional hazardous waste cleanup projects. Twenty-five million over the IFDA to extend loans and grants and so on and so forth. We could do al1 of these things with that nickel. Now I know you've been told that it's going to run people out of jobs, and all of that sort of ehing, and it's on heres they 're refutlng that. It hasn't done that in Iowa and Michigan and other places. In fact, it creates jobs. But that is basically What the bill does, and I think itîs time that We got ready for the 1990s and decided that we're going to do something with our landfills and our garbage and our pollutions and our contaminations and our lakes and streams and -- and al1 *he rest of it. And thâs way is one way we can address the problem, doing away with the litter that's cluttering our streets and highways. I'd be happy be answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Dudycz.

Question of the sponsor.

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Dudycz.

363  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION GENATE TRANSCRIPT 37th Legislative Day May 26y 1989 Senator Joyce, What about those juice boxes you buy in the qrocery store that our children take to school, those llttle small juice boxes containing about six ounces of fruit juice?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce.

If ENR declares that there's a use for those, then they Will be included. That's ENR'S decision.

PRESIDING OFPICER: (SENATOR DEMUZIO) All right. Senakor Dudycz. SENATOR DUDYCZ) The hour ks late, Kr. Preskdent. Everyone's tired; welre not going to debate this at length. It's just a bad bill. We all know What it does. It taxes -- the tax -- the taxes come out of the pockets of the consumers. It's a bad bill. Vote it dovn.

PRESIDINC OFPICER: (SENATOR DEMUZIO) Al1 right. Senator Joyce may close.

A1l right. Thank you, Mr. President. you know, I just want to say that our lakes our polluted, some of them so badly you can st swim in them. The hazardous waste sites around Illinois there's not enough money to clean them up. Lands acquired for khe State parks can't be used, because there 's nok enough money to develop them. And our landfills near the -- are near the burstin: point, and so on and so on. And, you know: sometimes I forget that -- that the deposit place for a1l of these cans and boktles aren't or isn 't in my road dàtch. So I think thak it's time that we -- we did something about our environment, and vote for this bill. Thank you very much.

PRESIDING OFFTCER: (SENATOR DEMUZTO) Question is, shall Senate Bill 1282 pass. Those in favor will vote Aye. Those opposed, Nay. The voting's open. Have all voted 364  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 who wish? Have al1 voted who wisb? Have al1 voted who wish? Have all voted Who wish? Last call. Have a11 voted Who wish? Take the record. On that question, the Ayes are 18, the Nays are 37, 2 voting Present. Senate Bill 1282, having failed to receive the required constitutional majority, is declared lost. 1286. Senator Luft. 1289. Senator Jones. Senate Bills 3rd Reading, Senate Bill 1-2-8-9, Mr. Secretary. Read the bill.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 1289. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Yeah. Thank you, Mr. President and Members of the Senate. Senate Bill 1289 reflects an agreement worked out between the Architects and Interior Designers to delineate the scope of practice of Interior Designers. I know of no opposition. ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 1289 pass. Those in favor...l beq your pardon. Senator Schuneman.

A question was asked of me whether or not Shirley Norvell and her group are in agreement, and itls my understanding that they are. Is thaE not right, SenaEor?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Yes, this is an agreed between -- bill between those groups.

PRBSIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 1289 pass. Those in favor will 365  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who kish? Have a11 voted Who Wish? Have a11 voted Who Wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 53r the Nays are none, 2 voting Present. Senate Bill 1-2-8-9, having received the required constitutional malority, is declared passed. 1326. Senator -- 1318. Senator Woodyard. No. 1326. Senator Schaffer. 1332. Senator Watson. 1333 Was on the Recall List. 134û. Senator Lechowicz. Senator Watson: for what purpose do you arise?

Well, you passed over 1332. guess you did this on the board.

PRESIDING OFFICER: (SENATOR DEMUZIO) No. I I beg your pardon. I did not pass over 1332. distinetly called the bill, I looked right at you, you were busy doing something else, and if you Wish to have it called, fine. Senate Bill 1332, Mr. Secretary. Read the bill, please.

ACTING SECRETARY: (MR. HAPQY) Senate Bill 1332. (Secretary reads tltle of b11l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMOZIO) Senator Watson.

Thank you, Mr. President. This is the Steroid Control Act, and I know that, I don't belleve there is any oppositfon to it. Buk I will be glad Eo explain i*. and 1111 -- I would ask for favorable support. Thank you.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. The queseion is# shall Senate Bill 1332 pass. Those in favor will vote Aye. Those opposed. Nay. The voting is open. Have a11 voted who wksh? Eave a11 voted Who Wish? Haze 366  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRKNSCRIPT 37th Legislative Day May 26, 1989 a11 voted who Wish? Take the record. 0n that -- take the record . On that question. the Ayes are 56, the Nays are none, none votin: Present. Senate Bill 1332, having received the required constitutional majorityz is deelarçd passed. 1333 was on the Recall List this morning. 1340. On the Order of Senate Bills 3rd Reading is Senate Bill 1-3-4-0, Mr. Secretary. Read the billr please.

ACTING SECRETARY: (MR. HARRX) Senate Bkll 1340. (Seeretary reads title of b:ll) 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR DEMUZIOI Senator Lechowicz.

Thank you, Mr. President and Ladies and Gentlemen of the Senake. Senate Bk11 1340 is strictly a vehkcle bill Eor the Cook County Commission in case they need it. And 1'11 be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? The question isy -- if not, the question ise shall Senate Bill 1340 pass. Thooe in favor Will vote Aye. Those opposedy Nay. The voting is open. Have al1 voted who wîsh? Rave a1l voked who wish? Have all voted who wish? Take the record. On that question, the Ayes are 47, the Nays are 6, none votinq Present. Senate Bkll 1-3-4-0, havkng received the required constltutional majority, is declared passed. 13G0. On *he Order of Senate Bills 3rd Reading is Senate Bill 1350, Mr. Secretary. Read the bill.

ACTING SECRETARX: (MR. HANRV) Senate Bill 1350. (Secretarv reads title of bill) 3rd Reading of the bill. 367  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Kustra.

Thank you, Mr. Prestdent and Members of the Senate. Senate Bill 1350 creates three new grant proqrams administered by the State Board to increase scientific literacy. It also creates a center for scientific literacy, and I ask for your favorable approval.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Question is, shall Senate Bill -- Senator Berman.

I stand in opposition on this bill. This -- I understand that this is going to cost ten million dollars, and if we're going to have ten million, I think there's plenty of ways that We should have funded education, instead of starting something new . We passed a bill earlier koday that talked about dropping programs if they're not funded. Let's take the ten million dollars and fund what wefve promised, not undertake new ones. I urge a No voke.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Kustra may close. Question is, shall Senate Bill 1350 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted Who wish? Have all voted who wish? Have al1 voted who wish? Last call. Have all voted who wish? Take the record. On that questiony the Ayes are 23, the Nays are 29, 4 voting Present. Senate Bill 1350, havinq failed to receive the required constitutional majority, is declared lost. 1370 was on the Recall List. 1374. On the Order of Senate Bills 3rd Readin: is Senate Bill 1374, Mr. Secretary.

ACTING SECRETARY: (MR. NADRY) Senate Bill 1374. (Secretary reads title of b1l1) 368  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 3rd Readkng of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Daley.

Thank youz Mr. President and Members of the Senate. House -- Senate Bill 1374 raises the threshold for public notice in biddinq by the CTA from five thousand to ten thousand.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Keats.

Just for Senator Daley havkng -- as you know, I carry a 1ot of this leqislation: and Wefre trusting you on this bill, but we want to ask a favor. You know how much trouble the CTA 'S been in on bidding, and you a11 the hassles they've had and the indictments -- we're going with you: but let's try not to 1et get any hiqher, which I think will be suggested to you later. Leave it here, youdve got a decent bill, and it will be okay.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 1374 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Have all voted Who wish? Take the record. On that question, the Ayes are 53, the Nays are none, none voting Present. Senate Bill 1374, having received the required constitutional majority, is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bill -- 97, 98. Senator Berman. On the Order of -- bottom of Page 16 is Senate Bàl1 1398, Mr. Secretary. Read the bkll.

ACTING SECRETARY: (MR. NAQQY) Senate Bill 1398. (Secretary reads title of bill) 3rd Reading of the bill. 369  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SSNATE TRANSCRIPT 37th Legislative Day May 26, 1989

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.

The description in the -- on the Calendar is wrong . The bill has been stripped; it is nothing other than a vehicle. I'd ask to be -- to vote it Aye.

PRESIDING OEFIQER: (SENATOR DEMUZIO) Discussion? Senator Dudycz.

I'm sorryy Senator, but my analysis says tbat -- as amended , the bill gives Chicago one hundred million dollars in bonding authority for capital improvements. And the bonds are not issued, the board may add a bond principle interest difference.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Berman.

Youdre reading the wrong bill. This is 1398, and it's been amended to have nothing in it. PRESIDING OPPICER) (SENATOR DEMUZIO) Senator Kustra.

Thank you, Mr. President. Would just comment, I don't know why we need anokher vehicle going over to the House. Senator Berman has a number of them already. PRESIDING OPFICER) (SENATOR DEMUZIO) Further dàscussion? If nok, the question is, shall Senate Bill 1398 pass, Those in favor Will vote Aye. Those opposede Nay . The voting is open. Have a1l voted Who wish? Have all voted Who Wish? Have al1 voted Who wish? Have all voted who wish? Have al1 voted Who wish? Have a11 voted Who Wish? Have all voted who kish? Last call. Have all voted who Wish? Take the record. On that question, the Ayes are 29, the Nays are 28, 370  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 none voking Fresent. Senate Bill 1398, having failed to received ehe required constitutional majority, is declared lost. Page 17. Page l7. 1402 was on the Reeall List. 1411. Senator del Valle. On the Order of Senate Bills 3rd Reading is Senate Bill 1411, Mr. Secretary. Read the bill, please.

ACTING SECRETARY: (MR. NANRY) Senake Bill 1411. (Secretary reads title of bill) 3rd Reading of the b&1l.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator del Valle. SENATOR dEL VALLE: Well, thank youz Mr. President. This bill requires that prior to the release of any inmate who has a docunented history of IV dru: use, and upon the receipt of that inmate's written informed consent, the Department shall provide for the testing of such inmate for the HIV infection. The Department shall not be required to conduct the testing and counseling requtred by this Section unless sufficient funds to cover all costs of such testing and counseling are appropriated for that purpose by the General Assembly. DOC indicates that flfty percent of the inmates have a history of IV dru: use, and they also state that about two-thirds of them are recent users, but they project that you go with informed consene: only about ten percent would not consent. It is importank that we identify these individuals: provide pre-/and post-counseling, so that upon release, they know that they have to be careful.

PRESIDING OFFICER: (SENATOR DEMDZIO) Discussion? If note the question is, shall Senaee Bill 1411 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have al1 voeed Who Wish? Take the record . On that 371  STATZ OF ILLINOIS 86th GCNERAL ASSEMBLX REGULAR SESSION SENATE TRANSPRIPT 37th Legislative Day May 26# 1989 question, the Ayes are 56' the Nays are none: none voting Present. Senate Bill 1411: having received the required eonstitutional majority, is declared passed. When we get down to the bottom of the -- end of the 3rd Readings, wefll go right back to pick up the recalls that we Were on this morning and go right stralght through khem. Senake Bill 1412. On the Order of Senate Bills 3rd Readlng is Senate Bill 1412, Mr. Secretary. Read the bill.

ACTING SECRETARY: (MR. HAQRY) Senate Bkl1 1412. (Secretary reads title of bll1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Brookins.

Thank you, Mr. President. This bill provide methods by which physician and DCFS musk seek evaluation and treatment of substance abuse for women suspecked of using controlled substance in the third trimester year <sic> of pregnancy. I ask for a favorable roll call. PRESIDINC OFFICERI (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 1412 pass. Those in favor wà1l vote Aye. Those opposed, Nay. The voting ls open. Have al1 voted Who wish? Have a11 voted who wish? Have al1 voted Who Wish? Take the record. On that question: the Ayes are 56, the Nays are none, none voting Present. Senate Bill 1412, having reeeived the required tonstitutional majority. is declared passed. Senate Bill 1412. On the Order of Senate Bills 3rd Reading is Senate Bill 1413. Mr. Secretary, read the bill, please. ACTING SECRETARYJ (MR. NAQRX) Senate Bill 1413. (Secretary reads title of bill) 372  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 3rd Readkn: of the bkll.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Smith.

Thank youe Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1413 does jusk what the Calendar says. And there is no physical <sie> impact on the Department of Public Aid. I ask for your vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 1413 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who Wish? Have a1l voted Who Wish? Have all voked who wish? Take the record. On that question, the Ayes are 53, the Nays are none -- on that question: the Ayes are 54, the Nays are none voting Present. Senate Btll 1413, having received the required constitutional majoritys is declared passed. On the Order of Senate Bills -- 3rd Reading is Senate Bi11 1415: Mr. Secretary. Read the bill.

ACTING SECRETARY: (MR. NANRY) Senate Bill 1415. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea. SENATOR REA ) Thank you, Mr. Presidentr Members of the Senate. This bill Was on the Agreed Bill List and the amendment became the bill, Where the Department of Aging shall develop a pamphlek designed for the use of a resident 65 years of age or oldere for the purpose of assisting various physicians and monitoring the pharmaceutical preseriptions.

PRESIDING OFFICER: (SENATOR DEMUZIO) 373  STATE 0F TLLTNOIS 86th GENERAL ASSEMBL7 REGULAR SESSION SENATE TRANSCRIPT 37*h Legislative Day May 26# 1989 Discussion? Discussion? Senator Topinka.

Well, yes, Mr. President and Ladies and Gentlemen of the Senate. I Would just be concerned about this bill, because for one thing, -- it makes -- it mandates physicians and the pharmacists to have eo use these pamphlets. Now obviouslyp if they miss on on passing one of these out for some reason ar another - as may be wont to happen - and somebody overmedicates or has a problem, they have a tremendous liability there. And my my concern Would be about how this could be even enforced. Would you be willing, if we 1et this bill out, to work on this in the House?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea.

In fact, this is Ehe Medical Society initiatlve, and I Will be working with them to take care of that situation, Senator Topinka: and with the House as moves over.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator -- Senator. If not, the question ks# shall Senate Bkll 1415 pass. Thase in favor wi11 vote Aye. Those opposedr 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 41, the Nays are l3, voting Present. Senate Bill 1415, having received the required constikutional majority. is deelared passed. Okay. Let's roll over. Senate Bill 3. Letls go back ko Paqe -- top of Page 3. Top of Page 3 is Senate Bill On the Order of Senate Bills 3rd Reading is Senate Bill 3. Mr. Secretary, read the bill.

ACTING SECRETARY: (MR. HAPRY) Senate Bill 3. (Secretary zeads title of bill) 374  STATE QF ILLINOIS 86th GENERAL ASSMMNLV REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26y 1989 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Thank you very much, Mr. President. Senate Bill 3 relates to tbe issue of bodyguards being used by constitutional officers. First of all, the amendment to the bill took out the Governor of the State. It no longer applies to him. Secondly, what Ehe bill does is transfer the cost of the salaries of the security personnel, provided for the protection of a Seate constitukional officer, to that officer's budqet, as opposed to coming out of the State Police budget. And third, a State constitutional offieer may employ and pay from those monies security personnel only for services rendered in connection with the performance of the official duties of his office. I'd be glad to answer any questions.

PRESIDTNG OFFICER: (SENATOR DEMUZIO) Discussion? If not -- Senator Hawkinson. A11 righk. The question is, shall Senate Bill 3 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have al1 voted Who wish? Have a1l voted who Wish? Have all voted who wish? Have a1l voted Who Wish? Have a1l voted who wish? Am I qoing too fask? No? Have all voted who wish? Last call. Have a1l voted who wish? Take the record. On that question, the Ayes are 26' the Nays are 28, 1 voting Present. senate Bi11 3, having failed to receive khe required constitutional majority, is declared lost. Page -- letls see -- Senate Bill ll. On the same Page. Senate Bill ll. On Page 3 of your Calendar is Senate Bill l1, Madam Secretary. Read the bill.

Senate Bill 1l. (Secretary reads title of bill) 375  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 3rd Reading of the bill. PRESIDING OFFICERZ (SENATOR DEMUZIO) Senator Jones.

Thank you, Mr. President, Members of the Senate. Senate Bill 11 is the rewrite of the Real Estate Licensure Act which -- which expire this year. Also it creates the Illinois Affordable Housing Act. It makes various changes in the Real Estate License Act, including certification of appraisers. It doubles the real estate transfer tax, a new revenue to be dedicated to affordable housing. Beginning of the next fiscal year, transfers over the next six years, existing revenue from the transfer tax from the General Revenue Fund into the Open Space Land Acquisition and Development Fund. This is the bill that the Realtors and the various groups pushing for housing have decided to put this all in one bill together. I know of no real opposition. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? We have a number of speakers. Senator Schuneman.

Well. Thank you, Mr. President. A funny thing happened on the way to 3rd Reading. Wefve got a routine renewal of a License Act, Which we handle a1l the time in our commtttee. But this bkll has attached to it a tax increase and the establishment of a new affordable housing pro:ram. NoW I'm not sure which rumors to believe around here, but I understand EhaE *he RealEors were told that their License Act Was not going to be renewed, unless they agreed to put this tax and the Affordable Housing Act on their license bill. Now, I submit to you we shouldnît do that sort of thing around here. I'm sure the sponsor had nothing to do with Bue I understand that that nay have happened in the other House. So just be aware that here We have a License Act that has 376  STATE OF ILLIKOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 a new tax and a neW program. You knowe if we allow this kind of thing eo happen: we may see a1l kinds of intimidation of groups who want to get their licenses renewed. And I really don't think *e should do it this way. If the Affordable Housing Program is a good one, it should stand on its own merits. It should not be tied to this Licensing Aet. We'l1 renew the Licensing Act for the Realtors, I an sure, but we probably shouldn't do it this way.

PRESIDING OPFICER: (SENATOR DEMUZIO) Purther diseussion? Senator Davldson.

Two questions to ehe sponsor for -- to clear legislative intent.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson.

One, has the part that had that auctioneers had to have a real estate license before they could sell a house, been deleted from this? And two, since this calls for all new real estate investigators to have a college degree, et cetera, are the present investlgators, of which I understand none of them have a college degree, they're in no way harmed or jeopardized their job With this bàll? PRESIDING OFFICER) (SENATOR DEMDZIO) Discussion? Senator -- I'm sorry. Senator Jones.

What to that -- your first question, the answer is yes ko your firsk question, but could you repeat the second part?

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Davidson.

Second question ks, presently they -- the knvestïgators that operate or Work for Professional Regulation that do their real 377  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRTPT 37th Legislative Day May 26, 1989 estate complaint investigations, to my knowledge none of them are college degree persons. This bill calls for that you nust have a college degree and two year's experience, believe. Does this bill in any way jeopardize them or are they grandfathered in to their position under the CMS rules and personnel code?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Jones.

Yes. I am inforned that that portion is not in the bill as far as the two years of college and ek ceeera for those investigators. It's not in the bill.

PRESIDING OFPICER: (SEXATQR DEMUZIO) Further discussion? Senator DeAngelis. SENAQOR DeANGELIS: Thank you, Mr. President. Question of the sponsor.

PRESIDING OFPICER: (SENATOR DEMUZIO) Indicates he will yield. Senator DeAngelis. SENATOR DeKNGELIS: Under the certification of the appraisers, has anybody been lefk out of khat? Or exempted out of it?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Jones. END OF TAPE TAPE 9

To the best of my knowledge, I've been informed by staff, that if you are licensed as a broker or -- broker, then you need not have to have a license as an appraiser. 378  STATE 01 ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENRTOR DeANGELIS: Yes. Senator Berman, you're correct, it's the other way around. But have the banks or the CPAS been exempted out?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- Senator Jones.

The banks and CPAS have been exempted out. However, when this bill gets over: it still have to be amended to correct that particular portion. PRESIDING OFFICERI (SENATOR DEMUZIO) Senator Dehngelis. SENATOR DeANGELIS: Again, au contraire, 'cause the House has done exaetly the same thing. And you knoww two years ago We allowed the CPAS to be exempt from liability, even if they misspelled our names. Or Ehey added their numbers Wrong. This is going absolutely eoo far. If you're goin: to be a cereified appraiser, damn be a cereified appraiser. In addition to that, what you're going to do if force the people from this State to have to bring in appraisers from out of State. Oh, yes, -- don't shake your head, Senator Jones - that's what you're going to have to do. And 1,11 tell you, the Realtors may Want their bill passed, but I meanr this is beyond compromise. This is absolutely at the rape, pillage and extortion. And I really think we oughe to qet back and do the thin: right. If we're license a group, let's license everybody kho does that activity. And franklyp What you're going to do you're going to be in violation of the feds as kell, with that. And we have a tremendous amount of distressed property in this State that has to be appraised, and I live right on that border, and we could bring kn people from Indiana any day of the week to 379  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26# 1989 do the job. But I sure as hell don't want to see that happen.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Senator Hudson.

Mr. lresidenty 1111 try to make it very brief. The inpression has been qiven, I thinkp along the way here, the past week or kwo , that the Realtors to a man and to a woman, seem to favor Ehis. When the Realtors Meze down here, I can tell you this from personal experience: had a group of -- filled ny office, and they represented Realtors from throughout my -- my distriet, or a good portion of my district, and 1111 tell you to a man and to a Womanz they Were opposed to this. And think if this bill has any merit -- this idea has any merit at all, it should stand on its own, and not be hooked up or linked up with any other considerations. And I would urge a No vote on khe measure.

PRESIDING QPFICER: (SENATOR DEMUZIO) Further diseussion? If not, Senator Jones may close.

ïeah. Thank you, Mr. President and Members of the Senate. This Body just recently, this week, passed a affordable housing program sponsored by Senator Luft. Now I know the two are together and khis is unprecedented. However, I am the sponsor of this bill. The Realtors and their representatkves wanted the bill this way. I ask for a favorable vote on Senate Bill 11.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Blll 11 pass. Those in favor Will vote Aye. Those opposedz Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 29, the Nays are 24, l voting Present. Senate Bill l1, has -- having failed to receive the required constitutional majorityr is declared lost. Okay. 380  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 128. Senate Bill 128. It is on Page -- Page 4 of your Calendar. On the Order of Senate Bills 3rd Reading is Senate Bill 128, Madam secretary. Read the bill. SECRETAR; HAWKER: Senate Bill 128. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Jones. Senator Jones.

Take it out.

PRESIDING OPFICER: (SENATOR DEMUZIO) Take out of the record. 292. 2-9-2 on Page Senator Netsch. On the Order of Senate Bills 3rd Reading is Senate Bill 2-9-2. Madam Secretary, read the bill.

Senate Bill 292. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OEFICER: (SENATOR DEMDZIO) Senator Netsch.

Thank youe Mr. President. Senate Bill 292 is the Illinois Family Responsibility and Medical Leave Act of 1989. I'm noe going to take a 1ot of time with the reasons for it. Let me briefly tell you what it does. Number it applies only to employers of thirty-five or more. That eliminates 90.3 percent of the employers in the State. The available leave has been reduced from eighteen to twelve Weeks. It is unpaid leave. There are *wo benefits that are protected for the employee who takes the leave that is authorized. One is job security, and the second is khe health coverage in whatever form it was carried before the leave was 381  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 taken. This is an extremely impottant bill, not only to employees who may have a family crisis, but also to employers. I would suqgest it's the most pro-family bill that has been introduced in this General Assembly this Session.

PRESIDING OFFICER: (SENATOR DEMDZIO) Further -- is there a discussion? Senator Karpiel.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The only thing I -- I agree with you on, Senator Neksch, is that this is probably one of the most important bills of the Session. I wouldn't eall it so much a pro-family bill as I would an anti-business bill. This bill goes Way beyond really anything that welve eonsidered lakely. %e have collective barqalning in this State. And we have employers who do offer all kinds of benefits and -- and dental -- dental benefits and for eyeglasses and medical and a1l this. This goes way beyond anything like that. Pirst of all, it says that if you are covered by this, you can take twelve weeks off in one year for a parental leave, or if you're sick, or -- it gives a1l the different reasons wby you ean take it off. Not only can you have the twelve weeks off during the year, you can -- you'll be covered by al1 your -- all these provisions -- these medical provisions, while youdre gone. But you can take as part time: so that really you aould take this twelve weeks off part time as long as it doesn't extend for more than a year. So for a year you could put your employer in a bind because you've just decided to work three hours a day or four hours a day. NoW in the meantlme, this poor employer has Eo probably replace you with someone. And after theyfve replaced you with someone and put them on the payroll, now when you come back: under this billy you will have to get your job back or equivalent job at the same pay. Vou don't lose any seniority. And now the person that they had to employ to replace you while you were gone. 382  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 uhat do we do With that person? Do we keep that person on# or do we lay them off? And when we lay them off, don't forget: Ladies and Gentlemen, as of July 1 this year, our new unemploymenk laws wkll say that they will be responsible for the entire -- the entire unemploymene insurance coverage for that person that you've laid off because you had to keep the job open for someone who took off for twelve Weeks during the year. I think this is an extremely bad bïll. And I ask for your No vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Eurther discussion? Senator Fawell.

Thank you very much. Two years ago I went down ko a small business conference of the -- the Federal Governmenk. Let me tell you What our colleagues said from Oregon and Washington about a similar bill that they had there. What they suggested to me was, nif this comes to your State, do yourself a favorz invest in the temporary employment business.'' Because that's what happened in those states. A1l those people eventually ended up firing that twenty-fifth, or that fifteenth, or whatever number you 've got, and hiring a temporary. It doesn't work. They also said that the one that was -- fired Was the young woman -- single koman with a chkld, who could least afford it, because they Were the ones that were causing the problemse and frankly, they were the last ones to get hired. ïou're not doing any favor to khe women, Senator Netsch, with this, for the women. You lre hurting us.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further dlscussion? Senator Geo-Karis.

Very briefly, Mr. -- Ladies and Gentlemen, Mr. President. Small businesses cannot afford And they are khe backbone of this country. I speak against the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) 383  STATE'OF ILLIXOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26s 1989 Further discussion? Senator Netsch. I beg your pardon. One moment. Further discussion? Senakor Rock.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in stronq support of Senate Bill 292. Having worked extensively on this legislation, as Senator Netsch and khe Members of the Executive Committee have over the past two years, I think it's fair to say that probably the only le:itimate arsument against this legislation as currently sits, given the amendments that Senator Netsch put on it, is that -- should we really be mandating what business is about. And I suggesk eo you that's a balance khat we have to strike, and those are the kinds of judqments We're called upon to make. We don't want to mandate what business is about. 1, too, run a business. And I don't like people kelling me how to run my business. But what's ehe social concern? The social concern is that we: as employers, ought to recognize that employees have, in fact' a responsibility - to their children, to their spouses, and to their parents. And from time to time, unfortunately, they have to take care of them. And we should not put that employee ln that Hobsonês ehoice of saying ''If, indeed, I am to live up to my responsibility, I Will suffer the loss of my job.' There ought to be a provision, a reasonable provision. And I sugqest to you thak Senate Bill 292 contains that reasonable proviskon. And I furEher suggest to you, that the mandate is far outweighed -- far outweighed by the social pollcy that we, in this sta*e, ought to adopt. We did this for State employees some years ago. And all you have to do is look at the figures, and talk to State employees who have been confronted with this terrible chokce of takkng care of a parent, or a spousee or a child instead of losing their job. Ladies and Gentlemen, this is good social policy. And I Would urge an Aye vote on Senate Bill 292. 384  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leqislative Day May 26, 1989 PRESIDING OFFICER) (SENATOR DEMUZIO) Question is, shall Senate Bill 292 pass. Those in favor will vote Aye. Those opposed, Nay. The votin: is open. Have a11 voted who wish? Have a1l voted who wish? Have al1 voted Who wish? Have all voted who Wish? Last call. Have all voted who wish? Take the record. On that question, the Ayes are 30' the Nays are 27, None voting Present. Senate Bill 2-9-2, havin: received the required conseitutional majority, is declared passed. senator Karpiel, for what purpose do you arise?

Verifieation of the Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Karpiel has asked for a verification. Madam Secretary, Would you please read those names of the Members Who voted in the affirmaeive, please.

The following Members voted in the affirmative: Alexander, Bernan: Brookins, Carroll, Collins, Daley, D'Arco, del Valle, Demuzio, Thomas Dunn, Hall, Holmberg: Jacobs, Jones, J.E. Joyce, J.J. Joycez Kelly, Lechowicz, Luft, Marovitz, Netsch, Newhouse, O'Daniele Rea , Severns: Smith, Vadalabene, Welchr Zito and Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Karpiel, do you question the presence of any Member?

Senator Carroll.

FRESIDING OFFICER: (SENATOR DEMUZIO) Is Senator Carroll on the Ploor? Senator Carroll on the Floor? Senator Carroll is...senator Carroll just ran a hundred-yard dash. He is here. Senator Karpiel. On a verified roll call: ehere are 30 Ayes, 27 Nays, none voting Present. Senate Bill 292e having received the required constitutional majortty, is declared passed. 385 I I I  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 I could hear Howie coming, let me tell you. A11 right. 417. Senate Bi11 4-1-7. 4-1-7 on Page 8. Madam Seeretary, 4-1-7.

Senate Bill 417. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka.

ïes, Mr. President, Ladies and Gentlemen of the Senate. After correcting the -- the error that apparently occurred with the amendment today, this is the Department of Human Rights ordinary and contingent expenses and appropriation for FY'89. The estimated expenses are four million forty-seven thousand eight hundred dollars. Current levelz four million thirey dollars -- ehirey-five hundred dollars, and the net change is a hundred and thirteen thousand three hundred. I'd ask for your approval.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Question is, shall Senate Bill 4l7 pass. Those in favor will vote Aye. Those opposede Nay. The voting is open. Have all voted Who wish? Have all voted who Wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 55, the Nays are none voting Present. Senate Bill 417, having received the required constitutional majority, is declared passed. 603. Senate Bi1l 603 on Page -- beg pardon? Page l0. Bottom of Page 10 is Senate Bill 603, Madam Secrekary. Read the bill. SECRETARY HAWKER; Senate Bill 603. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen. 386  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989

Mr. President and Membersr after Tabling the amendment earlier today, this -- this bill in its -- is back in its original form . It's a recommendation of the Secretary of Stake's Business Corporation Act Advisory Committee, to permit committees of the board of directors, rather than a full board of directors, to authorize the issuance of dividends and to set dividend rates. I ask your approval.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Question isy shall Senate Bi1l 603 pass. Those in favor w1ll vote Aye. Those opposed, Nay. The votinq is open. Have all voted who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. Qn that question, the Ayes are 56, khe Nays are none, none voting Present. Senate Bill 603: having received the reguired constitutional majority, is declared passed. Page l3. 806. Page 13 is Senate Bill 806. On the Order of Senate Bills 3rd Reading is Senate 3il1 806: Madan Secretary. Read the bill.

Senate Bill 806. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Zito.

Thank you, Mr. President and Members. Senate Bill 806 does not do what the Calendar says it does. We took the amendment this morning, took that out. A11 it does now is establish January the 28th as a commemorative school boliday: known as Chriska McAuliffe Day, in commemoration of space exploration. I would ask for its favorable roll call.

PRESIDING OPFICER: (SENATOR DEMUZIO) 387  STATE QF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislakive Day May 26, 1989 Discusslon? Question is, shall Senate Bill 806 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted Who Wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 49# the Nays are none -- on - on that questton, the Ayes are 52: the Nays are noneg none voting Present. Senate Bill 806, having reaeived the required constitutional majority, is declared passed. On ehe Order of Senate Bills 3rd Reading, on Page 15. Page 15 of your Calendar is Senate Bill 1184, Madam Seeretary. Read *he bill.

Senate Bill 1184. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OEFICER: (SENATOR DEMUZIO) Senator Topinka.

yes, Mr. President and Ladies and Gentlemen of the Senate. This bill would ask that the Illinois Department of -- Public Healkh provide five hundred new scholarships annually for nursing education. It provides for a payback for reeipients who fail to fulfill employment requirements. It carries Senator Jones' amendment of this morning, which opened it up to community college nurses and to people with GEDS, which I think makes it better. There is a cost to tbisz it's 1.7 million estimated, so take your piek how you want to play on this.

PRESIDING OPFICER: (SENATOR DEMUZIO) Discussion? Question is, shall Senate Bill 1184 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who Wish? Have all voted who wish? Take the record. On that question: the Ayes are 57, the Nays are nonez none voting Present. Senate Bill 1184, having 388  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26e 1989 received the required constitutional majority, is declared passed. Page l6. Page 16 of your Calendar is Senate Bill 1333. Madam Secretary, read the bill.

Senate :ill 1333. (Secretary reads title of bill) 3r; Readin: of the bill. PRESIDENT ROCK; Senator Kustra.

Thank you, Mr. President. This bill is part of the Governor's Dru:-Free Illinois Program . It requires school boards to prohibit the use of tobacco on school property When sueh property is used for school purposes. This morning an amendment was added Which exempts outdoor spectator areas and also designated areas within the school building, for use by school personnel. I#d ask for its favorable consideration.

Discussion? Is there any discussion? If not, the question is, shall Senate Bill 1333 pass. Those in favory vote Aye. those Opposed, vote Nay. The voting's open. A11 voted Who wish? Have all voted who wish? All voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 1333, having received the required constikutional majorityg is declared passed. 1370. On the Order of Senate Bills 3rd Readins. Bottom of Page l6, is Genate Bill 1370. Read the bill, Madam Secretary: please.

Senate Bill 1370. (Secretary reads title of bill) 3rd Readin: of the bill.

389  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 (machine cutoff) Senator Dunn.

Thank you, Mr. President. This bill Would deny the expansion of regional pollution control facility if the EPA can demonstrate problems of drainage, erosion, settling, or ground or surface Water pollution, or any other environmental or safety violation by the existing facility, until a remedial action plan is submitted to and approved by ehe EPA I urge adoption.

Dkscussion? Discussion? If not, the question isr shall Senake Bàll 1370 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. All voted who wish? Have all voted who wish? Have al1 voted who wish? All voted Who Wish? Take the record. On that question, there are 36 Ayes, 19 Nays, 2 voking Present. Senate Bill 1370, havin: received the required constitutional majority, is declared passed. Top of Page 1402. On the Order of Senate Bills 3rd Reading. Madam Secretary, read the billg please.

Senate Bi11 1402. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Lechowicz.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. We brought this bill back for a corrective amendment this mornin: reflecting the true population of Cook County from one million to ehree hundred -- from one million to three million, for the correetive distribution formula. Happy to answer any questions.

Discussion? Any diseussion? IE not, the questkon is, shall 390  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day May 26, 1989 Senake Bill 1402 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. All voted who wish? Have a11 voted who wish? Have a11 voted who Wish? Take the record . On that question, there are 47 -- 48 Ayes, l Nay, 2 voting Present. Senate Bill 1402, having received the required constitutional majoriky, is Geclared passed. A1l right. Ladies and Gentlemenr it's been a long week and a longer day. We will move now to afford all the Members an opportunity. Wefll move to the Order of Consideration Postponed and then the Order of Motions in Writing, and then we will take up the appropriation bllls and the Agreed Bill List. Page 44 on the Calendar. 0ur sugqestion is# as We have done in the past, when we are on this order of business, We will have the proponents speak and one opponent, so that we can save everybody some time. We have been throuqh these bills once already. On the Order of Consideration Postponed. Bottom of Page - - bottom of Page 44, is Senate Bill 62, Madam Secretary . Read the bill, please.

Senate Bill 62. (Secretary reads title of bill) Postponed Consideration.

Senator Joyee.

SENATOR JOXCE: Thank you, Mr. President. This bill would lek some small townships in Will County, and ehe other -- collar counties, opk out of the RTA if they have received no service in the last sixteen years. The RTA estimates that if everyone of them would opt out, which I am certain they would not, it would only cost a million dollars. To these townships jt's a very small amount mean to the RTA itls a very small amount, but to these townships itls a great deal. It's an insult to those people living there 39l  STATE OP ILLINOIS 86th GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 that they get absolukely no service, and yet are taxed in the RTA District. And I would ask for a favorable vote.

Discussion? Senator Keats. SENATOR KEATSI Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill failed on a vote of 29 to 18 to lp and tbe problem is eo say these small townships - thatfs fine but the development going on in Will County, the fact that saying that these will not be involved in the RTA Mass Transit System within the foreseeable future, is simply not realistic. And as they develop, you're taking away their ability to have this, if they need later. Part of the reason we say a region is because we work as a region. There are a lot of things I'd like to opk out of. I live in Cook County, and I'd like to op* out of the Cook County coure system: among others, because I don't think ehat serves me. But the truth is# I'm part of the program, and the proqram requires that we work as a unit. And I just think itds unrealistic to assume that these areas will not be receàving tbe RTA service as the growth in Will County continues. And when you look at the qrowth in Will County, I mean, it is just leap-frogging left and right. It is one of the fastest-growing counties in the State.

Question is: shall Senate Bill 62 pass. Those in favor Will vote Aye. Opposed wkll vote Nay. and *he voting is open. Bave all voted who wish? Have al1 voted who Wish? Have all voted who wish? Take the record. On that question, there are 28 Ayes, 29 Nays, and the bill fails. On the Order of Consideration Postponed is Senate Bill 186. Read the bill, Madam Secretary. SECRETAR: HAWKER: Senaee Bill 186. 392  STATE 0F ILLINOIS 86th GENERAL ASSEMRLY REGULAK SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 (Secretary reads title of bill) 3rd Reading of the bill.

Senator Dunn.

Thank youp Mr. President. This bill permkts an out-of-power county chairman to submit a list of party members to be filled by an in-power eounty chairman, and Cook County is excluded. urge a favorable vote.

Discussion? Senator schaffer.

Mr. President, our objection was, well, one, we think itls kind of amusing: Cook County's excluded. Good for the goose, qood for the gander. My objection is that the county chairman would then be able ko screen anybody he wanted, and I suspectr cut out a lot of very qualified people under the guise of political purity. don't think *e want to give that kind of power and create those kind of problems.

Question is, shall Senate Bill 186 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voEed who wish? Have a11 voted who wish? Have all voted who wish? Have al1 voted who Wish? Take the record. On that question, there are 30 Ayes, 28 Naysv none voting Present. Senate Bill 186: having received the requlred constitutional majority, is deelared passed. Senator Schaffer, for What purpose do you arise: sir?

Well, think ehey are all here, but let's see for sure.

Al1 right. Senator Schaffer has requested a verificaeion. That request is in order. Wll1 the Members be in their seats. 39!  STAQE 0P ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26: 1989 Madam Seeretary, read the affirmative roll, please.

The following Members voted in the affirmakive: Alexander, Berman: Brookins, Carroll: Collins: Daley, D'Arco, de1 Valley Demuzio, Thomas Dunn, Hall, Holmberg, Jacobs, Jones, J .E. Joyce, J .J. Joyce, Kelly, Lechowicz, Luft, Marovikz, Netsch, Newhouse, O'Daniel, Reaz Severnsr Smithe Vadalabene, Welch, Zito and Mr. President.

Senator scbaffer, do you question the presence of any Member?

Well, We could try the ever-popularz Senator Marovikz. Oh, pardon me, he 's here. Then let 's try Jeremiah Joyce, J.E .

Senator Joyce on the Floor? Is Senator Joyce on the Floor? Strike his name, Madam Secretary. On that question, there are 29 Ayes: 28 Nays, none voting Present. The bill fails. Senate Bill 195. Senator Kelly. Read the bill, Madam Secretary, please.

Senate Bill 195. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Kelly.

Thank you, Mr. Pr'eskdent, fellow Senators. This bill requireq physicians to determine the viability of an unborn child who has reached the fetal aqe of twenty or more weeks. It also requires that the late-term abortions be performed in hospikals. We discussed *he mateer in de*ail, and I jusb solicit your favorable support.

394  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Discussion? Senator Berman.

If you recall the debate last time, think one of the convincing arguments against this is that you're imposing a felony penalty on an decislon that should be made between *he doctor and the Woman. And that's the way it ought to be kept, not by putting a criminal overlay -- penalty overlay on that relationship. I urge a No vote.

The question is, shall Senate Bill l95 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is Dpen. Have all voted who Wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 29 Ayesy 20 Nays, 1 voting Present. The bill fails. Top of Page 45. Senate Bill 250. Read the bill, Madam Secretary.

Senate Bill 250. (Secretary reads tktle of bitll 3rd Reading of the bill.

Senator Joyce.

Thank you, Mr. President. This requires the Department of Public Health to issue permits for the construction and operation of a11 water Wells. Currently only potable Water wells are licensed. The Department of Public Hea1th say; this is needed so that the permitting of all water wells is performed by the same aqency. We have many problems around this state with the fact that people are runninq out of water. And eurrently we have no way of knowing Who's drilling a well, for what use, unless is to be drinkable water. I would ask for favorable consideration.

395  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Discussion? Senator Donahue.

Thank you, Mr. President. Wefve removed our objeetion at this eàme. Let 'erroll. PRESIDENT ROCR; Question is, shall Senake Bill 250 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have a1l voted Who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 52 Ayesz 4 Nays, none voting Present. Senate Bill 250, having received the required eonstieueional majoritye is declared passed. 270. Senator Bernan. Read the bill, Madam Secretary, please.

Senate Bill 270. (Secretary reads title of bill) 3rd Readlng of the bill.

Senator Berman.

Thank you, Mr. President. This bill has -- been amended from the other day when it was put on Postponed Consideration. As axendedr what this bill says is that if you are -- suffered a serious personal injury or disfigurement or death on the CTA, where they have knokledge of a dangerous condition, for the last six months of thae particular location, you can sue the CTA. For the safety of everybody that rides îte I ask a favorable vote.

Discussion? Senator Keats.

If this bill becomes law , how -- how long will it be before the CTA'S flnancial resources are exhausted and they eome down to Springfield lookinq for additional revenues. As We Were saying 396  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 earlier, we want to get ourselves out of this system. As we open them up to lawsuits, that this is not traditional. I have to say on behalf of the sponsor of the bill, he has trled to make the bill reasonable. If you think that it's fair, that you should sue a -- a governmental entity for not supplying seeurity, that 's the simple philosophy. Just think of the next logieal step from this, and knowin: how aggressive our Supreme Court can get at times, with expanding certain laws that have been passed. I1m tellinq you, you are opening everythin: up ko wait until they sue you on kssue after issue. This has the potential to be openkng the door wide. Do you really think you can hold a governmental system responsible for every ack that happens? The sp/nsor has tried to be reasonable, but just have to ask philosophicallys whether that's hoW it ought to be.

Question ise shall Senate Bill 270 pass. Those in favor, vote Aye. Opposed, vote Nay. The votin: is open. A11 voted who wish? Rave all voted who wish? Have a1l voted who wish? A11 voted who wish? Take the record. On that question, there are 28 Ayes, 26 Nayse and the bill fails. 747. Senate de1 Valle. Read the bill/ Madam Secretary.

Senate Bill 747. (Secrekary reads eitle of bill) 3rd Reading of the bill.

Senator de1 Valle. SENATOR dEL VALLE: Thank you, Rr. President. This bill was amended after being placed on Consideration Postponed. It's an amendment that *he utilities and CUB have siqned off on. It deletes the conkents of the bill and creates new Section, which requires refunds ordered 397  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 by the ICC or potentially a eourt, to be made within six months. Originally it was three months, and apportioned bg cuskomer class orkgtnally it was to individuals. This is an amendment that everyone is in agreement with. I ask for a favorable roll call.

Discussion? Senator Maitland.

Thank you, Mr. President and Members of the Senate. Simply ko say that it has made a bad bill a little bit better. still think the Commerce Commission oughk to make the decision. still oppose: but it is a beeter bill. PRESIDENT R0CX: Question is, shall Senate Bill 747 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted Who Wish? Have a1l voted Who Wish? Haze a11 voted who wish? Take the record. Un that questlon, there are 29 Ayesr 24 Nays, and the bill fails. 761. Senator Smith. Read the blll, Madam Secretary.

Senate Bill 761. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Smith. SENATOR SMITHI Thank you, Mr. President and Ladies and Gentlemen. With the amendment, Senate Bill 76l merely is a recommendation of the Department of Public Aidy and this amendment allows thc Department of Public Aid to obtain federal funding for implementation of foods.

Discussion? Senator Keats. 398  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day May 26# 1989

This was the bill we defeated last time, because We all said philosophieally we don'k think the government ought to be in the business of solicitin: people to accept food skamps and public aid. You just have to ask yourself if it's the role of governnent to solicit this, and I Would solicit a No vote.

Question is, shall Senate Bill 761 pass. Those ln favor, vote Aye. Opposed, voke Nay. The voting's open. Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 26 Ayes, 29 Naysg and the bill fails. Senator Friedland: for what purpose do you arise, sir?

I'd like to recommit Senate Bill 814 to committee.

Senator Friedland has moved to recommit Senate Bill 814. Al1 in favor of that Motion, indicate by saying Aye. All opposed. The motion carries. The bill's recommitted. 860. Senator Jacobs. Read the bill, Madam Secretary.

Senate Bi11 860. (Secretary reads title of bill) 3rd Readin: of the bill.

Senator Jacobs.

Thank you, Mr. President. First of all, 1et me thank Vince Demuzio for fixing these buttons. If you noticed, nobody's bitched today, so thought I'd just point khae oue. Senate Bill 860 prohibits a liquor supplier from cancelinq or failing to renew a contract with a wholesaler, unless done in good faith. I ask for 399  STATE OF ILLINOIS 86th GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 its approval.

Discussion? Senator Schuneman.

Thank you, Mr. President. Well I don't really think this bill's gotten any better since it failed rather miserably a few days ago, and so I would certainly encourage a No vote.

Question is, shall Senate Bill 860 pass. Those in favor will vote Aye. Opposed: voee Nay. The voting's open. Have a11 voted who wish? Have a1l voted who Wlsh? All voted Who wish? Take the record. On that question, there are 27 Ayes, 25 Naysz and the bill fails. Senate Bill 1212. Read the bill, Madam Secretary.

Senate Bill 1212. (Secretary reads title of bi1l) 3rd Reading of the bill.

Senator Marovitz.

Thank you very mueh, Mr. President: Members of the Senate. The hour is late. We had a very long debate on this very important piece of legislation dealing with assault and semiautomatic Weapons. And I would just solicit an Aye vote.

Senator... Discussion? Senator Davidson.

Well, this bill hasn't got any better. It got twenty-eight votes yesterday. It was discussed thoroughly and fairly descriptive. And hasn't improved one iota.And I urge everyboby to vote No.

400 <  STATE OP ILLINOIS 86th CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day May 26, 1989 Question is, shall Senate Bill 1212 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who Wish? Al1 voted Who wish? All voted Who Wish? Take the record. On that question, there are 29 Ayes, 27 Nays, and the bill fails. 1293. Senator Brookins. Read the bill, Madam Secretary. SECRETARV EAWKERI Senate Bill 1293. (Secretary reads title of bil1) 3rd Reading of the bill.

Senator Brookins.

Yes. This bill directs the State -- the Department of State Police to create a toxke uaste strike force to investïgate criminal violation of the Environmental Protection Act. I ask for a favorable vote. PRESIDENT ROCK) Discussion? Senator Davidson.

Well: this is another bill that didn't improve With a day more in age. This -- the State Police can do this under the present Act. This will cost l.5 million dollars to create this special force. I urge all those who voted No yesterday, to vote No again today. Thank you.

Question às, shall Senate Bk11 1299 -- 1293 pass. Those favor Will vote Aye. Qpposed, vote Nay. The vottngfs open. Have a11 voted Who wish? Al1 voted who Wish? Al1 voted who wish? Take the record. On that question: ehere are 23 Ayes, 29 Nays, and the bill fails. 1442. Senator NeWhouse. Read the bill: Madam Secretary.

40l  STAT; OF ILLINOIS 86th GZNERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 Senate Bill 1442. (Secretary reads kitle of bill) 3rd Readin: of the bill. PRESIDENT ROCKI Senator Newhouse.

Thank youz Mr. President, Senators. If you will recall, there Was -- on this bill we -- we did an amendment to make it much more flexible and more permissive. This puts a State agency on notice by the Department of Human Rights, that it's not in compliance. Secondly, it allows the Department and the State agency to work together to come into compliance. Now, the language - ehe highest percentage possible -- it was drafted this way in order to allow room for the Department and the State agency to work together. think there might have been some confusion on this bill the other day. I would now solicit a favorable roll call.

Discussion? Dlscussion? The question is, shall Senate Bill 1442 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A11 voted who wish? Have a11 voted Who wish? Have a1l voted who wish? Take the record. On that questàone there are 29 Ayes, 27 Naysr and the bill fails. I can turn your attention to Supplemental Calendar No. 1, We have tWo additional Consideration Postponed matters. Senate Bill 348. Read the bill.

Senate Bill 348. (Secretary reads title of bill) 3rd Reading of the bill.

Senaeor Berman.

Thank you. Kr. President. This ks the same bill that asked 402  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 #or conslderatkon to allow it to continue to move to the House, so that the hospitals and the doctors and the attorneys ean eontinue ko discuss What.should be -- what should happen on structured settlements and the hospital and doctor liens. I ask for an Aye vote.

Discussion? Senator Schuneman.

Well, thank you, Mr. President. I think we're getting tired of killing bills several times here, but let's try this one once m ore .

Question is, shall Senate Bill 348 pass. Those in favor, vote Aye. Opposedz vote Nay. The voting is open. All voted who wish? Have a11 voted who wish? All voked who wish? Take the record. On that question, there are 26 Ayes, and 30 Nays, and the bill fails. Senator Hall. 535. Senaeor Hall's had enough. A11 right. Ladies and Gentlemen, if I can turn your attention to Page 46. There are four motions, there are six Motions in Writingy the Secretary knforms me four on the Calendar, and two have just been filed. Senate Bill 513. Senator Zito. Read the motione Madam Secretary. please. I'm sorry. Senator Dudycz, for what purpose do you arise?

Mr. President, I think you skipped one. Senate Bil1 483.

I did skip it# deliberately, sir. That's a Motion to Discharge Committee. We're beyond that. We can take it up next week, buk under the rules, it isn't going anywhere. Read the motion, Madam Seeretary, on 513.

Having voted on the prevailing sidev I move to reconsider the 403  SQATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day May 26, 1989 vote by which Senate Bill 5-1-3 passed. Filed by Senator Zito.

Senator Zito.

Thank you, Mr. President and Members. I filed a motion on Senate Bill 513, beeause I think, several days ago, not a lot of Members understood what we were passing. 5l3 drastically changed the way senior citizens in the state of Illinois receive a driver's license. I had met kith several senior cikizen groups in my district and had promised them that I would not support the bill. Wben the bill came up, agaàn there was some confusion. I was recorded as a ïes. I would like the record to reflect that I would have voted No. I'm not so sure it Would change the outcome of the bill and if it's al1 right with the Body, I appreeiate the opportunity to present the motion, but I would Withdraw it at this time.

All right. Motionls Withdrawn. 844. Senator Dunn. Senator Dunn on the Floor? 956. Senator Maitland. Read the motion, Madam Secretary.

Having voted on the prevailing sidey I move to reconsider the vote by which Senate Bill 956 failed. Filed by Senator Maitland.