Illinois General Assembly Floor TranscriptsBrowseSenate86th GA

Illinois Senate Floor Debate — May 16, 1990

86th General Assembly (1989-1990) · Legislative day 90 · Regular Session
Chamber
Senate
General Assembly
86th (1989-1990)
Date
May 16, 1990
Legislative day
90
Session
Regular Session
Speaker turns
912
Original
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PRESIDENT ROCK

The hour of nine having arrived, the Senate will please eome to order. Will the Members be at their desks, and will our guests in the gallery please rise. Prayer this morning by Father Eugh Cassidy: Blessed Sacrament Church, Springfield, Illinois. Father.

FATHER HUGH CASSIDY

(Prayer gkven by Pather Hugh Cassidy)

PRESIDENT ROCK

Thank you, Father. Reading of the Journal: Madam Secretary . Senator Kelly.

SENATOR KELLY

Thank you, Mr. President. I move that reading and approval of the Journals of Wednesday, May 9th7 Thursdayw May 10th7 and Tuesday, May 15th, in the year 1990, be postponed: pending arrival of the printed Journals.

PRESIDENT ROCK

Youêve heard the motion as placed bf Senator Kelly. Is there any discussion? not, a1l in favor , indicate by saying Aye. All opposed. The Ayes have it. The motion carries , and it is so ordered. Resolutions.

Linda Hawker

Senate Resolution 1075 offered by Senator de1 Valle. And Senate Joint Resolutkon 176 offered by Prestdent Rock. They're both congratulatory. PRESIDENT ROCK; Consent Calendar. Messages from the House.

Linda Hawker

A Message from the House by Mr. Ollrien, Clerk. Mr. President am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of whieh I am instructed to ask the concurrence of the Senate, to 1 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 House Bills 493, 2964, 2967, 3014, 3050, 3099, 3138, 3740, 3966, 4025, 2647, 3110, 3358, 3484, 3655, 3675, 3748, 3998, 4120, 4178, 2339, 3147, 3324, 3330, 3468, 3599, 4024, 4036, 4050, 4087, 3140, 3274, 3334, 3368, 3400, 3494, 3495, 3858, 3933 and 3999. Passed the House May l5, 1990.

PRESIDENT ROCK

1st Reading.

Linda Hawker

A Message from the House by Mr. O'Brien, Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoptlon of which I am instructed to ask the concurrence of the Senater to wit: House Joint Resolution 131. It is substantive. Adopted by the House May 9, 1990.

PRESTDENT ROCE

Executive. Senator Philip, for what purpose do you arise, sir?

SENATOR PHILIP

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I ask that the record indieate that Senator Schuneman is not here because of an illness.

PRESIDENT ROCK

The recard will so reflect. All right. Ladies and Gentlemen, with leave of the Body, we'll move to Page 26 on the Calendar. turn your attention to the glut of Rouse Bills that have been sent over here. If you wish to sponsor any: please 1et the Secretary know . Is it over? Yeah. Al1 right. Page 26 on the Calendar. House Bills lst Reading, Madam Secretary.

Linda Hawker

House Bill 948 offered by Senator Maitland. (Seeretary reads title of bill) 2 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SEXATE TRANSCRIPT 90th Legislative Day May l6, 1990 House Bill 950 offered by Senators Mahar and Daley -- pardon me, Mahar and Kelly. (Secretary reads title of bl1l) House Bill 95l offered by Senators Mahar and Xelly. (Secretary reads title of bill) House Bill 952 offered by Senators Mahar and Kelly. (Secretary reads title of bill) House Bill 953 offered by Senator Kelly and Kahar. (Secretary reads title of bill) House Bill 954 offered by Senators Kelly and Mahar. (Seeretary reads title of bill) House Bill 1055 offered by Senator Macdonald. lsêcretary reads title of bill) House Bill 1477 ofcered by Senator Holmberg. (Secretary reads title of bill) House Bill 1493 qsic> (1483) offered by Senator Marovitz. (Secretary reads title of bill) House Bill 1550 offered by Senator Marovitz. (Secretary reads title of bill) House Bill 1916 offered by Senator Marovitz . (Secretary reads title of bill) House Bill 2173 offered by Senator Jones. (Secretary reads title of bill) House Bill 2296 offered by Senator Marovitz. (Secretary reads title of bill) House Bi11 2851 offered by Senator Lechowicz. (Secretary reads title of bill) House Bill 2859 offered by Senator Jones. (Secretary reads title of bill) House Bill 2918 offered by Senator Marovitz. (Secretary reads tltle of bi1l) House Bill 2921 offered by Senators Marovitz and Welch. 3 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9Gth Legislative Day May l6, 1990 (Secretary reads title of bill) House Bill 2932 offered by Senator Netsch. (Secretary reads title of bill) House Bill 2936 offered by Senators O'Daniel and Donahue. (Secretary reads title of bill) House Bill 2938 offered by Senator Barkhausen. (Secretary reads title of bill) House Bill 2944 offered by Senator Netsch. (Secretary reads title of bill) House Bill 2950 offered by Senator Jacobs. (Secretary reads title of bill) House Bill 3027 offered by Senator O 'Daniel. (Secretary reads title of b(11) House Bill 3075 offered by Senators Brookins and Woodyard. (Secretary reads title of bill) House Bill 3112 affered by Senator Berman. (Secretary reads title of bill) House Bill 3117 offered by Senator Ralph Dunn. (Secretary reads title of bill) House Bill 3139 offered by Senator Zito . (Secretary reads title of bill) House Bill 3154 offered by Senator Hall. (Secretary reads title of bill) House Bill 3155 offered by Senator Marovitz. (Secretary reads title of bill) House Bill 3158 offered by Senator Maitland. (Secretary reads title of bill) House Bi1l 3213 offered by Senator Geo-saris. (Secretary reads title of bi11) House Bill 3214 offered by Senator Zlto. (Secretary reads title of bill) House Bill 3230 offered by Senator Thomas Dunn. 4 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 (Secretary reads title of bill) House Bill 3242 offered by Senator Topinka. (Secretary reads title of bill) House Bill 3288 offered by Senator Kelly. (Secretary reads title of bill) House Bill 3333 offered by Senators Collins and Brookins. (Secretary reads title of bill) House Bill 3350 offered by Senator Etheredge. (Secretary reads title of bill) House Bill 3371 offered by Senator Macdonald. (Secretary reads title of bill) House Bill 3372 offered by Senator Thomas Dunn. (Secretary reads title of bill) House Bill 3374 offered by Senator Davidson. (Secretary reads title of bill) House Bill 3409 offered by Senator Thomas Dunn. (Secretary reads title of bill) House Bill 3411 offered by Senator Marovitz. (Secretary reads title of bill) House Bill 3454 offered by Senakor Woodyard. (Secretary reads title of bill) House Bill 3478 offered by Senator Marovitz. (Secrekary reads title of bill) House Bill 3479 offered by Senator Smith. (Secretary reads title of bill) House Bill 3518 offered by Senakors Severns and Topinka. (Secretary reads title of bill) House Bill 3528 offered by Senator Barkhausen. (Secretary rêads title Of b111) House Bill 3580 offered by Senator Smith. (Secretary reads tiele of bill) House Bi1l 3710 offered by Senator Barkhausen. 5 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16z 1990 (Secretary reads title of bill) House Bill 3711 offered by Senator Marovitz. (Secretary reads title of bi11) House Bill 3716 offered by Senator DeAngelis. (Secretary reads title of bill) House Bill 3717 orfered by Senator Topinka . (Secretary reads title of bill) House Bill 3718 offered by Senator Netsch. (Secretary reads title of bill) House Bill 3719 offered by Senator Hall. (Secretary reads title of bill) House Bill 3720 offered by Senator Topinka. (Secretary reads title of bill) House Bill 3721 offered by Senator Luft. (Secretary reads title of bill) House Bill 3725 offered by Senator Hall. (Secretary reads title of bill) House Bill 3731 offered by Senator Keats. (Secretary reads title of bill) House Bill 3744 offered by Senator Marovitz. (Secretary reads title of bill) House Bill 3749 offered by Senator Jones. (Secretary reads title of bill) House Bill 3757 offered by Senator Kelly. (Secretary reads title of bill) House Bill -- pardon me, 3795 offered by Senator Rigney. (Secretary reads title of bill) House Bill 3834 offered by Senator Berman. (Secretary reads title of bill) House Bill 3852 offered by Senator DeAngelis. (Secretary reads title of bill) House Bill 3853 offered by Senators Savickas and Woodyard. 6 STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990 (Seeretary reads tttle of bill) House Bill 3857 offered by Senator Jones. (Secretary reads title of bill) House Bill 3874 offered by Senator Madigan. (Seeretary reads title of bill) House Bill 3882 offered by Senator Marovitz. (Secretary reads title of bill) House Bill 3897 offered by Senator Karpiel. (Secretary reads title of bill) House Bill 3934 offered by Senator Barkhausen. (Secretary reads title of bill) House Bill 3955 offered by Senator Maitland. (Secreeary reads title of bill) House Bill 3959 offered by Senator Maitland. (Secretary reads title of bill) House Bill 3980 offered by Senator Netsch. (Secretary reads title of bill) House Bill 3986 offered by Senator Holmberg. (Secretary reads title of bill) House Bill 3994 offered by Senator Marovitz. tsecretary reads title of bill) House Bill 4035 offered by Senator Rea. (Secretary reads title of bill) House B1ll 4038 offered by Senator Karpiel. (Secretary reads title of bill) House Bill 4046 offered by Senaeor DeAngelis. (Secretary reads title of bill) House Bil1 4049 offered by Senator Marovitz. (Secretary reads title of bill) House Bill 4058 offered by Senator Marovitz. (Secretary reads title of bill) House Bil1 4081 offered by Senator Holmberg. 7 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 90eh Legislative Day May l6, 1990 (Secretary reads title of bill) House Bill 4082 offered by Senator Davidson. (Secretary reads title of bill) House Bill 4117 offered by Senator DeAngelis. (Secretary reads title of bill) House Bill 4118 offered by Senator Berman. (Secretary reads title of bll1) House Bill 4119 offered by Senator Berman. (Secretary reads title of billj House Bi11 4148 offered by Senator Berman. (Secretary reads title of bill) House Dill 4151 offered by Senator Marovitz. (Secretary reads title of bill) lst Reading of the bills.

PRESIDENT ROCK

Senator Keats, for khat purpose do you arise?

SENATOR KEATS

Mr. President, lt ls hotter than Hades in here. Could we make note of that and perhaps have someone do a little work on the air conditioning before we melt?

PRESIDENT ROCK

I -- I have attempted to strike a happy medium. The female Members of the Chamber, in particular, have been less than kind to the air condltioning system over the past few weeks. Senator Keats.

SENATOR KEATS

Tell them to put on lon: johns. We can't take our coats off. They can put more on, you know.

PRESIDENT ROCK

Your concern is noted. A1l right. All those House 31lls that were read in kill go to the Rules Committee. By the way, the Rules Committee will meet at nine oêcloek tomorrow morning in Room 8 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislakive Day May 16, 1990 2l2 for the purpose of consldering House Bills. A1l rlght. Ladies and Gentlemen, the -- the procedure for today will be Senate Bi1lE 2nd Reading. And I Would again advkse you it ks Wednesday, May 16th, and we are scheduled to conclude our business no later than Priday, May 18th. There is some lingering hope that we ean finish on the 17th, so I Would encourage those of you who have bills on 2nd to move them. So we'11 do Senate Bills 2nd Reading, and the Secretary's in the process of compiling a Recall List for Members who have indicated they wish to reeall bills from 3rd to 2nd for amendments. And they will -- then We wkll begin again on the Order of Senate Bills 3rd Reading. And the schedule is to work right through until approximately five o'clock: or if we conclude earlier, that's fine, too, but no later than five. All riqht. We'1l begin on the Order of Senate Bills 2nd Reading. ask the Members to turn your attention to the botkom of Page 2. The bottom of Page 2. '1508. Senator del Valle. 1523. There's been a request for a fiscal notez Senator Jones. It has not yet been filed. lt's filed today, we'll get back to it. 1532. Top of Paqe 3. 1556. Senator Maitland. Read the bill: Madam Secretary, please. On the Order of Senate Bills 2nd Reading, top of Page 3, is Senate Bill 1556. Read the bill: Madam Secretary, please. SECRETAR? HAWKER: Senate Bill 1556. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Elementary and Secondary Education offers Commibtee AmendmenE No.

PRESIDENT ROCK

Senator Maitland, on Committee Amendment No. 1.

SENATOR MAITLAND

Thank you very much, Mr. President and Members of the Senate. Committee Amendment -- Committee Amendment No. indicates how the 9 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 payment will be made by those school districts who are sendin: students to a willing receiving district.

PRESIDENT ROCK

A11 right. Senator Maitland's moved the adoption of Committee Amendment No. l to Senate Bill 1556. Diseussion? If note a11 in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

Linda Hawker

No further committee amendments.

PRESIDENT ROCK

Any amendments from the Floor?

SECRETARY HAWMER

Senator Maitland offers Amendment No. 2.

IRESIDENT ROCK

Senator Maitland, on Kmendment No. 2.

SENATOR MATTLAND

Thank you very much, Mr. President and Members of the Senate. Amendment No. 2 would stipulate that the receiving school district will bill the sending district for the cost of providinq the educakional component for those students Who are having their education kn that particular school district.

PRESIDENT ROCK

All riqht. Senator Maltland has moved the adoption of Amendmene No . 2 to Senate Bill 1556. Is there any discussion? If not, all in favor, indicate by sayin: Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. 1575. Senator Barkhausen. Read the bill, Madam Seeretary, please.

Linda Hawker

10 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 Senate Bkll 157%. (Secretary reads title of bill) 1st Reading of the pardon me# 2nd Reading of the bill. No committee amendments.

PRESIDENT ROCK

Any amendments from the Floor?

Linda Hawker

Senator Barkhausen offers Amendment No.

PRESIDENT ROCK

Senator Barkhausen.

SENATOR BARKHAUSEN

Mr. President and Members, the amendment I am proposing here to Senate Bill 1575 incorporatesy quite honestlyp two separate bills that I had introduced that did not make it out of Rulesy khat like the -- the bill itself that's before us - the Uniform Foreign Money Judgments Act involves proposed Uniform Acks brought to us by the National Conference on Uniform State Laws. The two additional subject matters are the Uniform International Wills Act and a proposed new Arkicle 4A of the Uniform Commercial Code. Because neither of these subject matters, I don't believe' are in the least bit controversial, and because both of -- of these Acts have been long-sought objectives of the Uniform Laws Conference, I'm offering them to you at this time in the form of amendments. Very quickly: the first - the Uniform International Wills Act - would provide a means for individuals who are citizens of other countrles, and indeed for American citizens who happen to move and become residents of another country: to - by following the -- the form that's provided for in this Aet - to have a will that could be proven up in another country that is a signatory to the -- the treaty or the -- ghat is known as a convention, that has approved and agreed to this law and this form. The neW Article 4A of the Uniform Commercial Code is sought by the 11 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 I I American Bankers' Asscciation, and endorsed by the Ameriean Bar l Association and the American LaW Institute, as a means of establishing rights and responsibilities of those who are transferring - generally by electronic means - significant amounts of money. I'd be happy to answer your questionsy and otherwise ' would ask for the adoption of the amendment.

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Senator Barkhausen has moved the adoption of Amendment No. 1. Is there discussion? Qn a point of personal privilegee there's a group visiting the Capitol from the -- from Virden today with Gail Turner, their teacher. I'd like for them ko be recognized. Please rise, and be recognized by the Senate. Welcome to Springfield. Senator Geo-Karis.

SENATOR GEO-KARIS

Will the sponsor yield for a question?

PRESIDING OPFTCER (SENATOR DEMUZTO)

PRESIDING OPFTCER: (SENATOR DEMUZTO) The sponsor indicates he will yield. Senator Geo-Karis.

SENATOR GEO-KARIS

ïou made mention of wills. My understandin: of the 1aw is willsy Wherever khey 're executed, if they 're valid there -- the personal property goes by the 1aW of the domieile, and real estate, of course, goes by where it's located. Nowe what do you mean with reference to the will? I didn't quite understand it. If you'd just give me a simple explanation. How do you apply it to a person who dies in a foreign country? What is it? I mean, I'm not quite certain for the reasons for this bill. That's Why I'm asking you.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen.

SENATOR BARKHAUSEN

The purposee Senator Geo-Karis, is to provide a means for a will that's been executed by a eitizen of one country who later 12 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6y 1990 moves to and becomes a citizen of another country, ko have -- have the will be one that can be proven up ln -- in the new country of -- of residence. It doesn't -- it doesn't change any of our -- of our oWn laws or any other state's laws with regard to the current methods of executing or proving up wills.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Senator Thomas Dunn.

SENATOR T. DDNN

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

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) The sponsor indicates he Will yield . Senator Thomas Dunn.

SENATOR T. DUNN

Senator Barkhausen, did you not say in committee that you Would hold this bill until you had a discussion with the Chairman of -- of the committee?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen.

SENATOR BAREHADSEN

I said that I wouldn't use as a -- as a vehicle for any changes to in our eivll justice system that might be objectionable to any of the Members on the other side. I have -- I have the -- the other side have talked about this with your staff, and you've all known lt Was coming for a Week.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR T. DUNN

What was the chairman's position?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen.

SENATOR BARKHAUSEN

I honestly don't know: Senator Dunn.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 13 STATE OF ILLINUIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 Senator Dunn.

SENATOR T. DUNN

Are you Willing to take this out of the record until you talk With the Chairman?

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Barkhausen.

SENATOR BARKHAUSEN

I will do that.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Take it out of the record. Senate Bill 1585. Senator Collins. Fiscal note. 1617. Senator Jacobs. On the Order of Senate Bills 2nd Reading is Senate Bill 1617, Madam Secretary, please.

Linda Hawker

Senate Bill 1617. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Tnsurance, Pensions and Licensed Activities offers Committee Amendment No. 1.

PRESIDING OFFTCER (SENATOR DEMUZIO)

PRESIDING OFFTCER: (SENATOR DEMUZIO) Senator Jacobs.

SENATOR JACOBS

Well, Committee -- committee amendment? Is that a Floor amendment or a committee amendment?

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) It's a committee amendment.

SENATOR JACOBE

The -- the I don't know if we could withdraw the -- we have another Amendment No. 2 which takes care of the amendment the committee amendment. So we'll Table -- if we could, could we Table the committee amendment?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Jacobs moves to Table Committee Amendment 14 STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 No. 1. Those in favor will lndicate by sayin: Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. l is -- is Tabled. Eurther committee amendments?

Linda Hawker

No further committee amendments.

PRESIDING OFFICER (SENATOR DENUZIO)

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

Linda Hawker

Senator Jacobs offers Amendment No. 2.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

SENATOR JACOBS

Thank you, Mr. President and Ladies and Genklemen of the Senate. Committee Amendment, or I should say, Floor Amendment No. 2 really is an amendment whieh takes eare of the -- the concerns of the committee in regards to some open-endedness that was in the bill and a definition of ''unencumbered'' and a number of other areas. And -- it puts us in better status to What the intent of the legislation is, and 1'11 be happy to answer any questions.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Jacobs has moved the adoption of Amendment No. Ts there discussion? If not, those in favor kill indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Readinq. 1629. Senator Fawell. 1644. Senator Thomas Dunn. On the Order of Senate Bills 2nd -- all right. 1647. Senator Etheredge. 5101 Ksic> has Fiscal Note. 1704. Senator Jacobs. On the Order of Senate Bills 2nd Reading is Senate Bill 1704, Madam Secretary. 15 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990

Linda Hawker

Senate Bill 1704. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

Linda Hawker

Senator Jacobs offers Amendment No. 1.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

SENATOR JACOBS

Thank you, Mr. President. This amendment again takes care of some of the concerns that was raised in committee by the Municipal League. We sat down and tried to address every issue that khey had. It takes care of putting in some it tightens the bill up, including the number of officers that would be available to -- to partake of this bill, the number of shifts, and it explains what a statewide labor organization is. We tried to answer a11 the Municipal League 's questions, however, theyfre not on board, but we still think it's a good amendment and a good bill. And I ask for your support.

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jacobs has moved khe -- moved the adoption of Amendment No . 1. Is there discusskon? If not: those in favor Will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendmen: No. l ës adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1713. Senator Rigney. On the Order of -- Senator -- Senator Keats. I can't see Senator Rigney. It's probably just as well. Senate Bill 1713: Madam Secretary. 16 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990

Linda Hawker

Senate Bill 1713. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Amendments from the --'I'm sorry. Amendments from the Floor?

Linda Hawker

Senator Rigney offers Amendment No.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Rigney.

SENATOR RIGNEY

Mr. Presidentz as 1713 came out of the Revenue Committee , it Was a shell bill. And what we have done ls call here for a tax swap - not an increase - a tax swap. What we will do is create another penny of income tax to put into a school ineome tax fund, all of whieh will be paid out under an abatement procedure. This will give about a billion and a half dollar swap between income and property tax.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rigney has moved the adoption of Amendment No. Is there discussion? Senator -- Senator Netsch.

SENATOR NETSCH

Thank yotu Mr. President. Again, I think the Members should be alerted to the fact that this is not a ''merelyt' amendment. think probably - as we did with Senator DeAngelis yesterday it makes more sense to allow your amendmenE to go on and so that there's an opportunity for everyone to know what's in by the tkme ïs called on on 3rd Readkng . So I'm not going to ask for a roll call or whatever, but again -- and we Will be circulating a memo on what we believe to be the content of this amendment again before we get to 3rd Reading. But Members should be aware of *he fact that this is a permanent increase in the State income tax, 17 STATE OF ILLINOIS 86th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT i ; 90th Legislative Day May l6# 1990 and as -- at least as Senator Rigney chooses to describe it, a swap for property tax relief. It is a major, major piece of tax legislation, and we will circulate our best estimates of its impact before it's actually voted on.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Rigney, you wish to close?

SENATOR RIGNEY

No. Go ahead.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Senator Rigney has moved the adoption of Amendment No. 1. Is there further discussion? If not, a11 those in favor Will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No . l is adopted. Further amendments?

Linda Hawker

Amendment No. 2 offered by Senator DeAngelis.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator DeAngelis. Senator DeAngelis seeks leave to have -- all riqht. Withdraw amendment. Purther amendments?

Linda Hawker

No further amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1752. Senator Maitland. On the Order of Senate Bills 2nd Reading is Senate Bill 1-7-5-2, Madam Secretary.

Linda Hawker

Senate Bill 1752. (Gecretary reads tktle of bill) 2nd Reading of the bill. The Committee on Insurance: Pensions and Licensed Activities offers Committee Amendment No . 1.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

SENATOR MAITLAND

Thank you, Mr. President and Members of the Senate. Committee 18 STATE 0F ILLINOIS ' 86th GENERAL ASSEMDLY REGULAR SESSION SENATE TRANSCRIFT . 90th Legislative Day May l6# 1990 Amendmenk No. l is a technical amendment, and I Would move for the I I adoption. t PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland has moved the adoption of Committee Amendment No. 1. Is there discussion? If not, those in favor will indicate ; b I y saying Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. l is adopted. Further committee amendments? SECRETARY HAWKER: No further committee amendments. PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor? SECRETARY HAWKER: Senator Berman offers Amendment No. 2. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitlandy Senator Berman is not here. Do you Wish to offer that amendment? Is Senator Berman on the Floor? Senator Berman? Well, would you ask Senator Berman to -- Senator Berman. SENATOR BERMAN: Thank you, Mr. President. I'm sorry for the delay. This amendment addresses the attempt -- intent of the original bill regarding the low-cost insurance coverage for employees, but it makes two additions to the bill as originally introduced. And wedve looked at -- the reason for this amendment is we looked at the long list of what you might call add-ons that were deleted in this bare-bones insurance policy. This adds two items to it that I khink - and respectfully sugqest to you - should be in that bare-bones insurance policy. One is a mandated coverage for screening by low-dose mammography for all women thirty-five years of age or older. This -- and we have supported this proposal time and -- several times -- this is a necessary element to prevent breast cancer in women over the age of thirty-five. This ought to be in that bare-bones insurance coverage. The second provision in I 19 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 here deals with spouse and dependent children coverage after -- of an employee after the death of the employee or a dkzorce. This ks a another important element. if there is a death or divorce, if there can't be eoverage, then youfre going to find people out on -- on public aid to :et that kind of coverage. This is not good economic sense. These are two important programs that oughe to be in this bare-bones insurance program. I solicit your support of Amendment No. 2.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Senator Berman has moved the adoption of Amendment No . 2. Is there discussion? Senator Maitland.

SENATOR MAITLAND

Thank you very much, Mr. President and Members of the Senate. Pirst of all, before I debate the issue, -- I -- I quite frankly question Whether the -- Whether the amendment is -- is correct. It is our belief that the reference to Section 357 is -- Was repealed in -- in 1953, and so we Would question whether or not the -- the amendment is correct.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Wefll have the Parliamentarlan check that and get back to you in a minute, Senator Maitland, so if you Want to continue. If not, further discussion? Senator Fawell. Welly Senator Maitland .

SENATOR MAITLAND

-- -- you knowr think that's -- I don't know what -- what anybody else anyone else would wan: to quesEion that oEher than Senator Berman. I mean we're not debating the merits of the - of the amendment right now, we're simply debating whether or not it's it's correct and proper.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Berman. could you please give the Gentleman your most learned opinion. Senator Berman. 20 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990

SENATOR BERMAN

I My most learned opinion is that it's perfect. 1

PRESIDING OPFICER (SEMATOR DEMUZIO)

PRESIDING OPFICER: (SEMATOR DEMUZIO) Further discussion? Senator Maitland.

SENATOR MAITLAND

I'm sorry . I didn't hear the ansger.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Welly I think Friday's looking like -- Senator Berman.

SENATOR BERMAN

Well: why don't We debate -- debate the merits if we get -- if it gets put on -- if we have to bring it back in -- on 3rd, fine. If it doesn't get put on, it's moot. So, 1et me -- let's address the merits of the amendment.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Maitland.

SENATOR MAITLAND

Thank youz Mr. President, and I understand the Parlïamentarïan is looking at the amendment at this time. I Want the Body to understand that -- that this bill is introduced so that literally hundreds of thousands of people might have coverage that they -- they presently don't have. The two areas that are covered in Senator Berman's amendment are incredibly expensive, and the people who are not noW covered don't have this coverage now. And what we're simply asking by this no-frills legislation - and there will be an amendment offered subsequent to this one that will address some other committee concerns - but this amendment will -- will drastically increase the eost of this no-frills coverage -- coveraqe and therefore people who don't now have the coverage wil1 still not have it, and I would resist very strongly Senator ' Berman's amendment. PRESIDINGOFFICER: (SENATORDEMUZIO) t I Further discussion? If not, Senator Berman may close. I I 21 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 .i

SENATOR BERMAN

Ladies and Gentlemen of the Senate, I recognize what the sponsor's trying to do, and I -- I'm not in opposition to the intents of this bill. But when we talk about providing low-cost coverage and giving certain exclusions, we are being asked to back up and void certain public policy that this Legislature has deemed important regarding insurance coverage. Aad Ladies and Gentlemenz the list of things that are excluded - mandates that we have passed over the years, that we have said are important for insurance coverage for employees - there must be a list -- and I'm - - between twenty and thirty of those mandates. I don't have the list in front of me, but there must be twenty of thirty of them. This amendment doesn't add twenty or thirty of those amendments back in. It only amends in -- back in two, and I Would respectfully suggest to you that those two are important public policy, that although they -- and I'm not saying they're cheap, but they are cheaper building them into insurance coverage of employees than to have those expenses picked up through public aid, through third-party payments, throu:h other types of coverage that incurs substantial costs to society as a whole. These two elements and those -- there are only two in this amendment. 0ne is mammography screening for women over thirty-five. I don't have to give any lectures on the terrible cost both dollarwise and I emotionally reqarding breast cancer. And number tWo is that when there 's a death or divorce of an employed spouse, that the -- that the dependents are carried for a limiked period of kime unkil they can qet other coverage. These are not new. They are public policy for al1 coverages now. We -- my suggestion is that they be included in this new approach that covers employees. It's important. I ask for your Aye vote.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) We may -- Senator Berman, the Parliamentarian indicates that 22 STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 ; we -- we -- we may bave some -- a technical -- the amendment may be technically incorrect, because it does refer to a Section that is no longer in the Statute. It was repealed. It would probably be in the best interest of everybody to -- to adopt this amendment or attempt to adopt this amendment, and -- or 1et Senator Maitland -- you want to take it out of the record? We can come back to it ' later. All right. Senatorvoolmachine cutofflee.senator Berman, the amendment is technically incorrect. Senator Berman. SENATOR BERMAN: Would the sponsor agree to bring it back later? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland. SENATOR MAITLAND: Senator Berman, I have never refused to allow the sponsor of a possible amendment to bring a bill back. I really resist this for a couple of reasons. First of allz the amendment also in Section 367 takes out some consumer protection things that we believe ought to be in there. There are so many things wron: with the amendment, and -- and again, this is so critically important to -- to the integrity of this piece of legislation that I really am -- I'm reluctant to -- to agree to brtng the bill back. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman. SENATOR BERMAN: Well, let -- 1et me impose upon youg Senator Maitland. You know, if we take a roll call -- if 1 lose, iE's -- you know, it goes bye-bye. If -- if it's -- I think wedve got a revised amendment bein: filed right now. PRESIDING OPFIPER: (SENATOR DEMUZIO) All right. It is the opinion of the Chair then that Amendment No. 2 is ruled out of -- technically incorrect. Out of order. Purther amendments? 23 I r i r. -. - - - . STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990

Linda Hawker

Amendment No. 2 offered by Senator Berman.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.

SENATOR BERMAN

A11 right. This is -- this is the corrected Amendment No. 2. Welve debated it. guess Senator Maitland's staff wants to take a look and see if it's teehnically correct. But again: ask for your Aye vote.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) A1l right. Is there discussion? Senator Fawell. All right. Hold on just a moment. Senator Maitland.

SENATOR MAITLAND

A question of the sponsor of the amendment, Mr. President.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) He indicates he will yield. Senator Maitland.

SENATOR MAITLAND

Senator, on Line -- it -- ends in the word ''and'' Could you enlighten us as to what that means?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.

SENATOR BERMAN

That should be stricken. It's superfluous.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maktland.

SENATOR MAITLAND

Well, I guess two other points, Mr. President. First of all, I think that then makes this amendment incorrect, but -- but more importantly I -- I had an amendment. This is not a substitute, because the first amendment was -- or the second amendment was offered . I think I had Amendment No. 3, which should have been offered before this one. think that's just a matter of -- of 24 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 courtesy.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Well, Senator Maitland, youdre technically correct. Take this record take this amendment out of the record. Further amendments?

Linda Hawker

Amendment No. 3 offered...

PRESIDING OFFICER (SENATOR DEMDZIO)

PRESIDING OFFICER: (SENATOR DEMDZIO) Refile the amendment. Al1 right. Senator Maitland: do you recognize Amendment No. 2 -- 32

SENATOR MAITLAND

Thank you very much, Mr. President. Amendment No. 3 to Senate Bill 1752 addresses some of Senator Berman's concerns in committee about whether or not an employer would be able to simply drop a full-scaled policy and -- and -- and offer this one. This now states that no employer can have offered insurance within the preceding twelve months. And I think, Senator Berman, that was perhaps one of your suggestions, and would move for the adoption, Mr. President.

PRESIDING OFFICER (SENATOR DEMDZIO)

PRESIDING OFFICER: (SENATOR DEMDZIO) Discussion? Senator Berman.

SENATOR BERMAN

Just a parliamentary inquiry. If we adopt this, does my revised second amendment come out of sync?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) fenator Maitland. ïou know, Eenator Maitland.

SENATOR MAITLAND

What?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, it's just -- I mean, you know, we've -- wefve gone on with this thing now for twenty minutes. It seems to me that...

SENATOR MAITLAND

25 STATE OF TLLTNOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90kh Legislative Day May l6, 1990 Well, Mr. President, I -- I've offered an amendment. I Will offer an amendment.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Al1 right. The Gentleman -- the Gentleman has asked you to respond to a question. Senator Maitland.

SENATOR MAITLAND

I don't know .

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. He -- he withdraws -- he withdraws his request. (machine cutoff) Al1 right. Senator Maitland has moved the adoption of Amendment No. Is there further discussion? If not, those in favor will indicate by saying Aye. Opposede Nay. The Ayes have it. Amendment No. 3 is adopted. Further amendments? Yeah.

Linda Hawker

Amendment No. 4 offered by Senator Berman.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawelly for what purpose do you arise?

SENATOR FAWELL

While al1 this discussion is being talked on about all these amendments that we are supposed to vote on, none of us have seen it, on this side. And I personally would like to see these amendments before we vote on them, and I think 1...

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Are you -- are you joined by five Members that want...?

SENATOR FAWELL

Iîm sure 1...

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Huh? Okay. Take it out of the record. We'll come back to it. That solves that. A1l right. Next queseion. 1754. Senator Savickas. On the Order of Senate Bills 2nd Readin:: bottom of 26 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 Page is Senate Bill 1754.

SECRETARY HAWXER

Senate Bill 1754. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SECRETARY EAWKER

Senator Savickas offers Amendment No. 1.

PRESIDING OPFICER (SENATQR DEMUZIO)

PRESIDING OPFICER: (SENATQR DEMUZIO) Senator Savickas.

SENATOR SAVICKAS

Yes, Mr. Presldent and Members of the Senatee Amendment No. 1 would delete the original bill, Which would call for the Department of Public Hea1th to prescribe standards for hospital bills, and put it where evidently the Council that We created as a Legislature -- where should belong - and that's the Illinois Health Finance Reform Act or Illïnois Hea1th Care Cost Containment Council to address these problems. sinee they are charged already to address basically what we're trying to do with this billy and that's on the cost shifting. I would move its adoption ae thls polnt.

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Savickas has moved the adoption of Amendment No. -- No. Is there discussion? Senator Maitland. Your light is on, sir. Further discussion? If not, Senator Savickas has moved the adoption of Amendment No. 1. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. is adopted. Further amendments?

Linda Hawker

No further amendments. PRESIDING OFFICERJ (SENATOR DEMUZIO) 27 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9:th Legislatkve Day May 16, 1990 3rd Reading. Top of Page 4. 1767. Senator Schaffer. On the Order of Senate Bills 2nd Reading ls Senate Bill 1-7-6-4 Ksic>, Madam Secretary.

Linda Hawker

Senate Bilt 1767. lsecretary reads title of bill) 2nd Reading of the bill. No commietee amendments.

PRESIDING OPPICER (SENATOR DEMUZIO)

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

Linda Hawker

Senator Marovitz offers Amendment No. PRESIDING OEFICER: (SENATOR DEMUZIOJ Senator Marovitz.

SENATOR MKROVITZ

Thank you very mueh, Mr. President and Members of the Senate. Amendment No. l is filed to correct a problem that has been going on recently in the State of fllinois - which I brought to Senator Schaffer's attention; think Senator Hawkinson is well aware of it and probably several other Members of the Senate - Where there has been cases filed reqarding grandparent visitation, where we have no petition, no dissolution of marriage, a very happy home, and the parents have decided, for one reason or another, that one set of parents may be a bad influence on the kids. That -- there have been cases where the grandparents are coming in and filing for visitation without parental consent, and -- and I will be glad to dîstribute information to anybody that wants ît. And *he assets of the parents are being dissipated by expensive leqal action, paying attorneys and court costs, so this eliminates that problem but still -- still allows any grandparents to come in for visitation riqhts where there is an action pending. I ask for adoption.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) 28 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 Is there discussion? Senator Marovitz has moved the adoption of Amendment No. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 1 is adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDING OFFICER (SENATOR DEMDZIO)

PRESIDING OFFICER: (SENATOR DEMDZIO) 3rd Reading. 1776. Senator Joyce. Qn the Order of Senate Bills 2nd Reading is Senate Bill 1-7-7-6, Madam Secretary.

Linda Hawker

Senate Bill 1776. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

Linda Hawker

Senator Jeremiah Joyce offers Amendment No.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Joyce.

SENATOR J.E. JOYCE

Thank you, Mr. President and Members of the Senate. Amendment No. Would provide for the annual -- that an annual affidavit be filed with the local assessing official, instead of the preservation agency, but also give the local assessing official the authority to revoke the certifieate if the affidavits are not flled. Baslcally this is in keeping With the provision of the bill which -- attempting eo find those situations where people who are -- have received a tax break because they are rehabbing property in historical districts and the property has now been conveyed out and they are noW liable for the taxes, but they're evading that responsibility, because they cannot be identified.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 29 STATE OF ILLINOIS i 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 1 Senakor Joyce has moved the adoption of Amendment No. 1. Is there discussion? If not, tbose in favor will indicate by saying Aye. Opposedg Nay. The Ayes have it. Amendment No. l is adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bkll 1778, Maoam Secretazy . No. 1809. Senator Raica . 185û. Senator Rock. On the Order of Senate Bills 2nd Reading is Senate Bill 1-8-5-0, Madam Secretary.

Linda Hawker

Senate Bill 1850. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Healkhy Welfare and Corrections offers Committee Amendment No. 1.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Molly Hall from WCIA has requested permission to videotape. Is leave granted? Leave is granted. On the amendment, Senator Rock.

SENATOR ROCK

Thank you, Mr. President. Ladies and Gentlemen of the Senater Senate Bill 1850 is an amendment to tbe Public Aid Code Which attempts to remedy a situation where , unfortunately: people have been denied benefits for Eailure to receive or respond properly to notices. As Ifm sure we're a11 aware, there is some concern - justifiable concern, in *he housing projects in particular - that mail is stolen With some regularity and so people are notified that they're supposed to appear at a Public Aid office and rejustify or -- get recertified, and they frankly don't show up. At that pointz their benefits are cut off. By the time they dre restored, they may have lost anywhere up to tWo or three months' worth. What this says, or the intent or this bill, is to say if 30 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 you Were denied wrongfully for lack of cooperation and you are then reinstatedz the reinstatement is retroactive. Amendment No. Was offered in committee. would move at this time to Table Conmittee Amendment No. 1. I had filed with the Secretary Amendment No. Which deletes a11 and restates the policy in the way that the Department of Aid feels is a workable, reliable proposal, and I would move to Table Committee Amendment No. 1.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Rock has moved to Table Committee Amendment No. 1. Those in favor will indicate by saying Aye . Opposedw Nay. The Ayes have it. Committee Amendment' No. is Tabled. Purther committee amendments?

Linda Hawker

No further committee amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

Linda Hawker

Senator Rock offers Amendment No. 2.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

SENATOR ROCK

Thank you, Mr. President. Ladies and Gentlemen of the Senate: this is the agreed amendment -- agreed, that is, between the Department of Public Aid and tbe Legal Assistance Foundation of Chicago, which brought this proposal to my attention. It attempts to deal with those situations where a recipient has been wrongfully denied benefits for which they are otherwise eligible, in those cases where they -- they were alleged to have failed to cooperate with the Department. thlnk under the -- as understand it, there is no longer any objection from the Department. A fiscal note has been filed. The annual cost is somewhere in the neighborhood of one million dollars, the 31 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 Department estimates, but it it is according to the Department's guidelines, and would move the adoption of Amendment No. 2.

PRESIDING OFFICER (SENATOR DEMDZIO)

PRESIDING OFFICER: (SENATOR DEMDZIO) Is there discussion? Senator Rock has moved the adoption of Amendment No. 2 to Senate Bill 1850. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1897. Senator Ralph Dunn. On the Order of Senate Bills 2nd Reading is Senate Bill 1-8-9-7, Madam Secretary.

Linda Hawker

Senate Bill 1897. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

Linda Hawker

Senator Ralph Dunn offers Amendment No. 1.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn. Senator Ralph Dunn.

SENATOR R. DUNN

Yeah. Thank you, Mr. President and Members of the Senate. This amendment does three Ehings. Number oneg iE adds some cleanup language which was requested by IDOT regardin: the retestlng of school buses which have minor safety defects. Secondly, answers a problem that I had in my district With a -- a mover of a -- of -- of mobile -- or storage sheds. It would give a two-week variance on each side on certain permits lssued by IDOT. And then there's a third one that Senator Watson had -- 32 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 makes a small change in a Section regarding the issuance of limited continuous operation permits. The Department of Transportation has agreed to everything in this amendment, and move its adoption.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Ralph Dunn has moved the adoption of Amendment No. 1. Is there discussion? If not: those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Amendment No. is adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. ...I1m sorry. 1951. Senator Jones. On the Order of Senate Bills 2nd Reading is Senate Bill 1-9-5-1, Madam Secretary.

Linda Hawker

Senate Bill 1951. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and Licensed Activities offers Committee Amendment No. 1.

PRESIDING OPPICER (SENATOR DEMUZIO)

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

Yeah. Thank you: Mr. President. I move to Table Committee Amendment No. 1.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Jones has moved to Table Committee Amendment No. 1. Is there -- those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Committee Amendment No. is Tabled. Further committee amendments?

Linda Hawker

Committee Amendment No. 33 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16y 1990

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

Yes. Leave to Table that amendment also -- No. 2.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) SenaEor Jones moves to Table Committee Amendment No. 2. Is -- those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. 2 is Tabled. Further committee amendments?

Linda Hawker

Committee Amendment No. 3.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

Yes. Leave to Table No. 3.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones moves to Table Committee Amendment No . 3. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Committee Amendment No . 3 is Tabled. Purther committee amendments?

Linda Hawker

Committee Amendment No. 4.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

Mes. Leave Eo Table AmendmenE No. 4.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones moves to Table Committee No. 4. Those in favor: indieate by sayin: Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. 4 is Tabled. Further committee amendments?

Linda Hawker

34 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 No further committee amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

Linda Hawker

Senator Jones offers Amendment No. 5.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

Yeah. Thank you, Mr. President and Members of the Senate. Amendment No. 5 deletes everything after the enacting clause, and adds the provisions of Senate Bill 1475, Senator Brookinsz and that is a widow of a policeman who died after 1/1/90, while activez shall receive an annuity of the greater of thirty percent of the maximum salary of a first class patrolman or fifty percent of the annuity of the officer that -- would have received had he retired one day prior to his death. And this also includes a provision of Senator Jeremiah Joyce. I move its adoption.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones has moved the adoption of Amendment No. 5. Is there discussion? If not, those in favor will indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Amendment No. 5 is adopted. Further amendments?

Linda Hawker

Amendment No. 6 offered by Senators Jones and Savickas.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

Yeah . Thank you, Mr. President and Members of the Senate. Amendment No. retains the bill and provides funds for beneficiaries allowing benefits for leqally disabled parties to go to their provider whether that be a guardian or a -- in a -- or a hospital, and providing benefits to a spouse of an employee who 35 ( STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 has disappeared. Also it allows a member of the General Assembly Retirement System to transfer credits to the Chicago Park District Pension Fund, and I move its adoption. PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones has moved the adoption of Amendment No. 6. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 6 is adopted. Further amendments? SECRETARY HAWKER: Amendment No. 7 offered by Senator Jones. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones. SENATOR JONES: Yeah. Thank you, Mr. Presldent. Amendment No. 7 alloks State policemen or investigators of the Secretary of State to apply for a transfer of creditable service until 7-1-91 from the Chicago Police or the Municipal Retirement Fund to the State Employee Retirement System . move its adoption. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones has moved the adoption of Amendment No. 7. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Amendment No. is adopted. Further amendments? SECRETARY HAWKER: Amendment No. 8 offered by Senators Jones and Berman. PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones. SENATOR JONES: Yes. Amendment No. 8 allows persons receiving retirement benefits from the Chicago Teachers Pund Who are reemployed as teachers by the Chicago schools to continue to receive benefits durin: reemployment: and I move its adoption. 36 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 90th Legislative Day May 16, 1990

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones has moved the adoption of Amendment No. 8. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No . 8 is adopted. Further amendments?

Linda Hawker

Amendment No. 9 offered by Senators Jones and Ralph Dunn.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

Mr. Presidene, Amendment Na. 9 amends the Downstate Police Arkicle of the Pension Code and allows the surviving spouse and children of police offlcers who retired in 1973 and remarried in 1974 and died in 1988 to receive survivor benefits, even Ehough they would have been -- they would be disqualified from such benefits currently, and I move its adoption.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones has moved the adoption of Amendment No. 9. Is there discussion? Senator Netsch.

SENATOR NETSCH

Thank you -- thank you, Mr. President. Where is Senator Schuneman when we need him? Could -- could I ask one question? Is -- is there -- how much more is this going to cost al1 the pension funds in the State? Seriously, we do need to have a chance to look at the impact of these, through a pension impact no*ee if -- if Eha: would be possible, Senator Jones. I've no idea what the effect of al1 of these amendments to the Pension codes mkght be.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

Well, in response to the Comptroller, I know you are watching 37 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90Eh Legislative Day May l6y 1990 the funds. but this has a very, very minimum impact on a11 of these amendments that I have placed on thus far. And if you Want to -- in regard to the last amendment that -- Which was recommended by Senator Ralph Dunn, and -- it's a very minimum impact. know yau don't Want us to go beyond what we should do, and I was thinking about that as we Were putting these amendments together.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch.

SENATOR NETSCR

Thank you. Just one point. Is -- that's what they al1 sayy Senator Jones. But quite -- again, quite seriously, could we have just a chart of what these amendments are, and what their -- their immediate and long-term impact is before we vote on it on 3rd Reading? That would be very helpful.

PRESIDING OFFICER (SENATOR DEMUZTO)

PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Jones.

SENATOR JONES

I will assure you, Senator, that you will have that prior to the vote either tomorrow or the next day.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Next day. Senator Jones has moved the adoption of Amendment No. 9. Further discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Amendment No. 9 is adopted. Further amendments?

Linda Hawker

Amendment No. 10 offered by Senators Jones and Dudycz.

PRESIDING OPPICER (SENATOR DEKUZIO)

PRESIDING OPPICER: (SENATOR DEKUZIO) Senator Jones.

SENATOR JONES

Yeah. Thank you, Mr. President. Amendment No. <sic> amends the Cook County Pension Article and allows a participant to apply 38 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 for creditable service for periods of authorized leave of absence not exceeding five years. I move its adoption.

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones, this is Amendment No. l0. Is there discussion? Senator Jones has moved the adoption -- Senator Rock.

SENATOR ROCR

A question of the sponsor: if hedll yield.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Rock.

SENATOR ROCK

Does any other fund have this particular benefit provlsion? The trouble I have is a philosophical one. Why are we affording someone pension credit for a period in which they were on leave?

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

1.11 -- 1111 yield to our -- my colleague who made the request, and perhaps he can afford you the answer that you may want to hear. Senator Dudycz.

PRESIDING OFFICER (SENATOR DCMUZIO)

PRESIDING OFFICER: (SENATOR DCMUZIO) Senator Dudycz.

SENATOR DUDXCZ

Thank you: Mr. President. Senator Rock, this this particular amendment deals kith one constituent of mine who was on leave of absence. He Was a candidate for a county office several years ago, and he is trying to receive creditable service during that short period of time that he was on leave. He he intends to pay the employeels contribution, the employer's contribution, and full interest.

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Rock.

SENATOR ROCR

39 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRTPT 90th Legislative Day May ;6, 1990 Well, and I can appreciate: and I know youîre Well-intended, attempting to help a constituent, and frankly the payment part does not bother me - that he's paying both the employer and the employee and the interest contribution. What troubles me is that this is going to set, it seems to me, a precedent of sorts, that we are actually affording pension credit for a period of time in which the annuitant or the parkicipant wasn't working wasn't doing what we dre allowing pension benefits for. And I -- - - Ilm not aware that this is in any other -- in any other Retirement Articley and I1m just really concerned about this one.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

Thank you, Mr. President. What think 1:11 do With this amendment is withdraw this amendment to give us time to look at in depth. And I realize the impact of such, and so I ask leave to withdraw this amendment.

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Senator Jones seeks leave to withdraw Amendment No. 10. Leave is granted. Amendment No. 10 is withdrawn. Is there further amendments?

Linda Hawker

Amendment No. 10 offered by Senators Jones and Madiqan.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

Thank you, Mr. President. This amendment will be eleven.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) l0.

SENATOR JONES

No. 10. Okay. Amendment No. 10 for the purpose of calculating the limit on outside earnings, the salary rate on 40 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legîslative Day May 16z 1990 which the Disability Retirement Annuity is based shall be increased by fifteen percent on the tenth anniversary of such annuity, and move i*s adoption. This amends the Downstate Teachers Article.

PRESIDING OFFICER (SENATOR DEMDZIO)

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Jones has moved the adoption of Amendment No. l0. Is there discussion? Senator Jacobs.

SENATOR JACOBS

I really -- I don't know if I have a question as much as I -- Will the sponsor yield for a question? 1* appears, with all these amendments - almost every one of them deals wikh Chicaqo -- of any - - those of any consequence seem to deal with Chicago only. Have we got anything in this entire pension bill for for downstate, other than the minor one that We just talked about?

PRESIDING OFPICER (SENATOR DEMDZIO)

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Jones.

SENATOR JONES

Welly Senator: had you been listening, you would have realized that many of the amendments impact on all of the retirement systems across the State, be it the DoWnstate Teachers, Downstate Police Articler and the -- this one and several others coming up Will be dealing with downstate. I -- I'm not prejudiced. I deal with a11 the people across the State.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Senator Jones has moved the adoption of Amendmenk No. l0. Those in favor will indicate by saying Aye. Opposedz Nay. The Ayes have it. Amendment No. 10 is adopted. Further amendments?

Linda Hawker

Amendment No. 11 offered by Senators Jones and Davidson.

PRESIDING OFEICER (SENATOR DEMUZIO)

PRESIDING OFEICER: (SENATOR DEMUZIO) Senator Jones. 41 STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT I 90eh Legislative Day May l6, 1990 SENATOR JONES: Yeah. Thank you -- thank you, Mr. President and Members of the Senate. Amendment No. 11 is really a cleanup amendment. If you recall, last year we passed Senate Bill 95 and House Bill 332, and what Amendment No. 11 does is provides that the annual three percenk of the increase in the annuity that is currently provided under the State-funded systems is applicable to January l for survivors and members who died while receiving the -- a retirement annuity. I move its adoption. PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Senator Jones has moved the adoption of Amendment No. ll. Is there discussion? Senator Severns. SENATOR SEVERNS: Thank you, Mr. President. I rise on a point of personal privilege. PRESIDING OFFICER: (SENATOR DEMUZIO) Stake your point. SENATOR SEVERNS: It's my honor today to have, in the President's Gallery, Judy Uphoff and students from Lovington, and also in the gallery today are -- are Girl Scouts from throughout the Pifty-firse District, 1ed by Gretchen -- 1ed by Joan Bricker and Karen Deal. I would like the Senate to honor them with me today. PRESIDING OFFICER: (SENATOR DEMUZIO) If our guests in the gallery will please rise. Weleome to Springfleld. Al1 right. Senator Jones has moved the adoption of Amendment No. 11. Is there discussion? If not: those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendmenk No. 11 is adopted. Further amendments? SECRETARX HAWKER: Amendment No. 12 offered by Senator Jones. PRESIDING OFFICER: (SENATOR DEMUZIO) 42 I 1 1 . STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90*h Legislative Day May l6, 1990 Senator Jones.

SENATOR JONES

ïeah. Thank you, Mr. President and Members of the Senate. Amendment No. 12 requires -- amends the Pension Code of the Chicago Police and State Universities and Investment Boardsy and it requires if a Chicago policeman changes his beneficiary from a former beneficiary, the -- the prior -- the current beneficiary shall be notified by the Board. The Board of Investment may develop affirmative aetion plan for the selection of brokerage houses and other finaneial services, and it restructures the Board of Trustees of the State University Retirement System. I move its adoption.

PRESIDING OPFICER (SENATQR DEMUZIO)

PRESIDING OPFICER: (SENATQR DEMUZIO) Senator Jones has moved the adoption of Amendment No. 12. Is there discussion? If not, those in favor will indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Amendment No. 12 is adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones. The -- there are no further amendments. There has been a -- Senator Barkhausen, are you Wishing to speak on this? Senator Barkhausen. Senator Barkhausen.

SENATOR BARKHAUSEN

Mr. President, I -- I think youdre about to answer the point of parliamentary inqulry I was just about to make, so...

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) No. There is no parliamentary inquiry. I Was just about to indicate to Senator Jones that accordins to the Statute, that khere has, in fact, been a fiscal lmpact note filed With respect - - I'm sorry, pension impact note that has been filed: and therefore this bill will remain on the Order of 2nd Reading until 43 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6g 1990 such time as that requirement has been met. Senator Jones.

SENATOR JONES

When was that filed?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) It was filed today.

SENATOR JONES

Well, okay, because had asked earlier and had not been one filed. would have been -- does it have to be filed in a timely manner, or do my Republican colleagues pull these tricks through the course of the day?

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Well: that's a rhetorical question, isn't it? Senate Bill 1977. Senator Barkhausen. On the Order of Senate Bills 2nd Reading is Senate Bl1l 1-9-7-7, Madam Secretary.

Linda Hawker

Senate Bill 1977. (Secretary reads title of bill) 2nd Reading of the bill. No committee anendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

Linda Hawker

Senator Barkhausen offers Amendment No .

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen.

SENATOR BARKHADSEN

Mr. President and Members, Amendment No. 1 to Senake Bill 1977 is to a -- a bill that comes to us from the Associated Employers of Illinois, and it passed our Labor Committee unanimously. But there was a question in the process of our consideration of this leqislation as to its impact on actlons that are brought under the Illinois Human Rights Act. The amendment addresses those concerns by makin: clear that the requirement that a work-related 44 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 dispute be submitted to a grievance procedure before an action can be brought in court Would not - and I emphasize Would not - apply to an administrative remedy under the Illinois Human Rights Act and under similar statutory provisions. And I would move its adoption.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Senator Barkhausen has moved the adoption of Amendment No. Is there discussion? Senator Berman? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 1 is adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Readinq. 1985. Senator Holmberg. On the Order of Senate Bills 2nd Reading is Senate Bill 1-9-8-5, Madam Secretary.

Linda Hawker

Senate Bill 1985. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

Linda Hawker

Senator Holmberg offers Amendment No. 1.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberg. gENATOR HOLMBERG: Thank youz Mr. President. This amendment makes persons holding bachelor's degreesy with a minimum of ten years' employment in a field other than teaching, eligible for teacher shortage scholarships. As it originally passed committee, it set up a loan program for such persons. Now they will receive full tuition scholarships under this amendment. Under the present law 45 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 governing teaehing shortage scholarships, only recent grads and those with teaching certificates are eliçible, and this would allow persons with bachelor's in other fields to get a scholarship to allow them to prepare for teacher certification. PRESIDING OFFICER: (SENATOR DEMUZIO) ' Is there discussion? Senator Holmberg has moved the adoption of Amendment No. 1. If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopked. Further amendments?

Linda Hawker

No further amendments. PRESIDING OFFICER: (SENATOR DEMUZIO) . 3rd Readinq. Senate Bill 1986. On the Order of Senate Bills 2nd Reading, Madam Secretary. 1-9-8-6.

Linda Hawker

Senate Bill 1986. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OPPICER (SENATOR DEMUZIO)

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

Linda Hawker

Thomas Dunn offers Amendment No. 1.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn.

SENATOR T. DUNN

Thank you: Mr. President. This amendment would require thak upon *he sale of an airport that's located in a countye or within a city or village, that the local government Would require -- be required to pass an ordinance approvinq the sale.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn has moved the adoption of Amendment No. 1. Is there discussion? If not, those in favor Will indicate by saying 46 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May l6, 1990 Aye. Opposed, Nay. The Ayes have Amendment No. is adopted . Further amendments?

SECRETARY HAWRER

No further amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 2000. Senator Welch. On the Order of Senate Bills 2nd Reading is Senate Bill 2000, Madam Secretary.

SECRETARY HAWRER

Senate Bill 2000. (Secretary reads title of bill) 2nd Readkng of the bill. The Committee on Energy and Environment offers Committee Amendment No. 1.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

SENATOR WELCH

I'd ask to Table that amendment.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch requests -- has made a motion to Table Committee Amendment No. 1. Those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. is Tabled . Further committee amendments?

Linda Hawker

No further committee amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

Linda Hawker

Senator Welch offers Amendment No. 2.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

SENATOR WELCH

Qhank you: Mr. President. Amendment No. 2 to this bill delekes everything in the bill. The original purpose of the bkll 47 STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 was to make sure that Federal Clean Air Act changes would not automatically be passed through to Illlnois utility consumers. What we are doing with the amendment today basically enables Illinois utilities to use Illinois coal or power from solid waste energy facilities, and then can pass on the cost of doing so to residential consumers after approval by the Illinois Commerce Commission through fuel adjustment clause review. The amendment offers an incentive to utilities to purchase Illinois-generated solid waste enerqy to better meet the new standards proposed under the Federal Clean Alr Act. Utilities may forego the purchase of expensive low-sulphur coal by using a combination of both solid waste energy and Illinois coal. The amendment enables utilities to pass along costs arising from other aspects of the Clean Air Act dealing with issues other than coal, such as auto emission changes. Those will not be affected by this bill. Third. one of the utilities objected to the fact that existing contracts might be voided or rendered moot. This bill -- this amendment exempts these contracts from the purview of the change. What we dre trying to do is make sure that utilities, when they try to comply with the new Federal Clean Air Act changes, do not rush to purchase low-sulphur coal and leave Illinois coal miners unemployed . I think this is a reasonable compromise: and would move for the adoption of the amendment. END OF TAPE TAPE 2

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch has moved the adoption of Amendment No. 2. Is there discussion? If not, Ehose in favor will indicate by saying 48 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 9ûth Legislative Day May 16, 1990 Aye. Opposed, Nay. The Ayes have it. Amendmenk No. 2 is adopted. Purther amendments?

Linda Hawker

No further amendments.

PRESIDING OFFICCR (SENATOR DEMUZIO)

PRESIDING OFFICCR: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 2001. Senator Welch. On the Order of Senate Bills 2nd Reading, Senate Bill 2001, Madam Secretary . SECRETARY HAWKERI Senate Bill 2001. (Secretary reads title of bill) 2nd Readin: of the bill. The Committee on Energy and Environment offers Committee Amendment No.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

SENATOR WELCH

I1d like to Table Committee Amendment No. 1. Table...

PRESIDING OFFICER (SENATQR DEMUZIO)

PRESIDING OFFICER: (SENATQR DEMUZIO) Senator Weleh moves to Table Committee Amendment No. Is -- those in favor, indicate by saying Aye. Opposedp Nay. The Ayes have it. Committee Amendment No. 1 is Tabled. Furkher committee amendments?

Linda Hawker

No further commietee amendments.

PRESIDING OFPICZR (SENATOR DEMUZIO)

PRESIDING OFPICZR: (SENATOR DEMUZIO) Any amendments from the Floor? SECRETARY HAWKERZ Senator Weleh offers Amendment No. 2.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Weleh. SENATOR WELCH; Thank you, Mr. President. Amendmene No. 2 changes the bill by deleting everything except the portion that applies to plastic 49 STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9Bth Legislative Day May l6e 1990 connectors on beverage cans and containers. It requires tbose connectors to be recyclable or biodegradable. The second part of the amendment enacts the proposed recommendations of the Solid Waste Reduction Task Porce with the exception of the taxes that had been debated by the Task Force. What We are trying to do is to use this bill as a vehicle to eontinue discussions on the Solid Waste Reduction Task Force put together by the Department of Energy and Natural Resources. Wefve taken out the provisions that were objeeted to most vehementlyr speeifically the taxing mechanism, the goal set in the year 2000, and we've created a bill that we want to move along and continue discussions. In fact, have proposed a meetinq on May 23rd that I am convening to begin discussions once again on a funding mechanism for this piece of legislation. I'd be glad to answer any questions, and I'd move for adoption of the amendment.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Senator Welch has moved the adoption of Amendment No. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2's adopted . Purther amendments?

Linda Hawker

No further amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 2012. Senator Welch. 13. Top of Page 2050. Senaeor Rock. On the Order of Senate Bills 2nd Reading is genaee Bill 2-0-5-0, Madam Secrekary .

Linda Hawker

Senate Bil1 2050. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Hea1th, Welfare and Corrections offers Commitkee Amendment No .

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 50 STATE OF ILLINOTS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 9tth Legkslative Day May 16, 1990 Senator Rock.

SENATOR ROCK

Thank you, Mr. President, Ladies and Gentlemen. This is the bill we attempted to start to discuss yesterday, and it's an amendment to the Public Aid Code, and is - as Iîm sure everyone's aware of, the Hospital Association folks are in tokn this is the the REACH Out Program as proposed by the Illinois Hospital Association. Committee Amendment No. l is a technical one, and we had tried to set up a designated -- almost like a trust fund. The Department didn't feel that that was a particularly good idea, so we have taken it out by virtue of that committee amendment, and I would move its adoption.

PRESIDING OEPICER (SENATOR DEMUZIO)

PRESIDING OEPICER: (SENATOR DEMUZIO) All right. Is there diseussion? Senator Topinka.

SENATOR TOPINKA

Yes. Mr. President, I -- yesterday I -- I missed on a bill and apparently in talking to the Assistant Secretary, I do have to make known noW that kf we want a fiscal note on any amendment that would go on this bill that would change the skructure in terms of the money I have to alert you to that fact. So I will file a fiscal note, and would appreciate one following any amendment that changes any type of rating structure here.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Rock.

SENATOR ROCK

Well, I -- I would again move the adoption of the committee amendmene. A fiscal note had been requested when the bill got out of committee. That has been complied with; the note has been filed. And I can understand the Lady's point. I just Wish she'd hear me out before she charges of into the sunset.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Senator Rock has moved the adoption of Committee 51 STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 Amendment No. 1. Further discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Commiteee Amendment No. l is adopted. Further committee amendments?

Linda Hawker

No further committee amendments.

PRESIDING OFFTCER (SENATOR DEMUZIO)

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

Linda Hawker

Senator Rock offers Amendment No. 2.

PRESIDING OFFICER (SENATOR DEMDZIO)

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Roek.

SENATOR ROCK

Thank -- thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 2 is the result of a lengthy meeting that I had with Director Kustra and members of her staff, and I publicly wish to thank her for her cooperation. She and her staff have worked, again, With the Illinois Hospital Association, and so Amendment No. 2 reflects some of the concerns and responses of the Department of Public Aid. We have changed the definition of ''energency medical condition'' to make it the same as that defined in the Federal Social Security Act. NoW what that means -- it has a fiscal impact. And the fiscal impact lowers the amount that this bill Was supposed to have cost from like ninety million down to forty-five million or less. And so obviously the Department is in favor of that. We have also - and this is my amêndmen: khat's incorporated in Amendment No. 2 we have also delayed the effective date, so khat there will not be a fiscal impack in this fiscal year with respect to three-quarters of the REACH Proçram. We have delayed the effective date until July 1 of next year, recognizing that even though now the cost is down within reach, it is still forty million dollars out of reach. And we just simply 52 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6' 1990 don't have I.f indeed something happens in the next week or two or three or four that money is available, we can make the proper amendment in ehe House, or I ean ask the Governor to move it up. But in the meantime, am taking effectively out of ehis fiscal year, with one exception and the exception Was the one I attempted to start to explain yeskerday With respect to *he obstetrical component. The obstetrîcal component, Senator Watson - if youfll recall, you questioned me on ehat - would provide for additional payments to hospitals that provide obstetrical care that are outside of the metropolitan region, so it pertakns prkmarily to downstate obstetrical care, where there was testimony in the comaittee that some thirty or forty counties in downstate Illinois literally do not have hospital-based obstetrical care. And so we had better do everything humanly possible to keep those hospitals viable that -- that are therew that do provide this care. The cost of Ehe OB component is estimated by the Department to be some two and a half million dollars. So What I have done is move that one to January 1 of next year, with the hope, again, that somewhere in the next three to four to five weeks, *e ean find an additional million dollars. think it's fair to say the Department recognizes that this is absolutely essential. They really want to do it. And the only question is, is there noney to do kt, and I suggest to you al1 that we can certainly find one million dollars to make sure or to insure that those hospitals that are providing the much-needed obsketrical care in Southern Illknoks wkll, indeed, be compensated. I know of no obùectkon to this amendment. Senator Topinka, I think I have responded to the Department and its eoncerns, and would move the adoption of Amendment No. 2.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Rock has moved the adoption of Amendment No. 2. Senator Topinka. 53 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990

SENATOR TOPINEA

have no objection to your amendment, sir. You can do what you wish, and I appreciate what you're trying to do, because I think it's a noteworthy cause. But money is money, and I realize we have the problem, so I just have to alert the desk of a fiscal note.

PRESIDING OFFICER (SSNATOR DEMUZIO)

PRESIDING OFFICER: (SSNATOR DEMUZIO) Well. Further discussion? If not, Senator Rock has moved the adoption of Amendment No. 2 to Senate Bill 2050. Those in favor will indicate by saying Aye. Opposed: Nay. The Ayes have it. Amendment No. 2 is adopted. Purther amendments?

Linda Hawker

No further amendments.

PRESIDING OFFICER (SENATOR DEMDZIO)

PRESIDING OFFICER: (SENATOR DEMDZIO) 3rd Reading. Senator Topinka, say -- you -- you didn't ask me. The -- the -- the alert really doesn't do anything. So that - - I mean, according to the -- Chapter 63, it says, ''as stated in the fiscal note attached to the measure prior to such an amendment, the majority of such house may propose that no action shall be taken upon the amendment until the sponsor of the amendment presents to the Members a statement of the fiscal effect of his proposed amendment.'' Thaty in interpretations to me, indicates that it has to be voted on by -- a motion had to be placed and passed by the -- by the -- by the Senate, prior to. All right. Senate Bills 2nd Readin: is Senate Bill 2082. Senator Woodyard. on *he Order of :enake Bills 2nd Readlng, Senate Bill 2082, Madam Secretary.

Linda Hawker

Senate Bill 2082. (Secretary reads title of bill) 2nd Readin: of the bill. No eommittee amendments.

PRESIDING OFPICER (SENATOR DEMDZIO)

PRESIDING OFPICER: (SENATOR DEMDZIO) 54 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 Any amendments from the Floor?

Linda Hawker

Senator Woodyard offers Amendment <o. 1.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Woodyard.

SENATOR WOODYARD

Thank you: Mr. President and Members of the Senate. Senate Bill 2082 is a Department of Revenue administration bill dealing Wieh partnership filinqs on the 1065. Amendment No. Which is, again, a Department of Revenue amendment, actually codifies what evidently is present practice, and it basically makes tWo changes. It restricts the tax on those assets which are dedicated to providing utility services. And the seeond part of this -- it also -- a building 'operator is exempt from paying this lnvested capital tax based upon the entire assets of such a business, and I Would move for its adoption.

PRESIDENT ROCK

Senator Woodyard's moved the adoptlon of Amendment No. l to Senate Bill 2082. Discussion? Senator Netsch .

SENATOR NETSCH

Thank you. It would have been helpful, Senator Woodyard, if we'd had this before us in committee. It's fairly technical. It looks okay on the surface, and I'm not going to raise an objection to it. We would like to have an opportunity to continue to review think it is, as you zay , that -- that those who are renting - - are in charge of buildinqs ouqhtn't to be treated as if they were utilitiesz and I understand that, but again, Ilm -- wefre not going to object to it; We Would simply llke an opportunity to look at it once more.

PRESIDENT ROCK

Senator Woodyard has moved the adoption of Amendment No. to Senate Bill 2082. Discussion? If not, al1 in Cavor, indicate by 55 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9ûth Legislative Day May 16, 1990 saying Aye. A11 opposed. The Ayes have The amendmentfs adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCE

3rd Reading. 2101. Senator Maitland. Read the billg please.

Linda Hawker

Senate Bill 2101. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDENT ROCR; Any amendments from the Ploor?

Linda Hawker

No Ploor amendments.

PRESIDENT ROCK

3rd Reading. 2115. Senator Macdonald. Read the bkllz Kadam I be: your pardon. Senator Macdonald.

SENATOR MACDONALD

Thank you, Mr. President. I rise to ask for a change in sponsorship of 2115. Senator Schaffer Would be the lead sponsor and I would be khe hyphenated sponsor. So Would read Schaffer-Macdonald, Karpiel, Donahue and Kustra.

PRESIDENT ROCK

A11 riqht. The Lady seeks leave to shou Senaeor Schaffer as the chief sponsor of 2115. Withouk objeetion, leave is granted. senator schaffere you wish the bill moved? Read Ehe bill. Yes. No. Maybe. 2186. Senakor Jones. 2-1-6-8. l'm sorry . 2-1-6-8. Read the bkll.

SECRETARY HAWRER

Senate Bill 2168. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. 56 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990

PRESIDENT ROCK

Any amendments from the Eloor?

Linda Hawker

No Floor amendments.

PRESIDENT ROCK

3rd Reading. 2174. Senator Jones. 2190. Senator Marovitz. Read the bill, Madam Secretary, please. Fiscal note has been requested and not filed. 2208. Senator Jones. Oh, Senator Marovitz. Senator Marovitz.

SENATOR MAROVITZ

It's my understanding that with the fiscal note filed, we still can consider and adopt the amendment. It's a rather lengthy amendment, which T'd like the Membership to be able to read and digest, leave the bill on 2nd Reading' and have the fiscal note filed later today and then move it to 3rd. But we still could adopt the amendment so that staff could see it, the Members could see it, and an analysis could be done. It is a rather important and complicated amendment.

PRESIDENT ROCK

Well, it -- the fiscal note Statute is pretty clear. We don't get to 2nd Reading while that request is filed and unfulfilled. (machine eutoff) A11 right. Fiscal note has been filed. Read the bill, Madam Secretary.

Linda Hawker

Senate Bill 2190. (Secretary reads tikle of bill) 2nd Reading of the bill. No eommittee amendments.

PRESIDENT ROCK

Any amendments from the Floor?

Linda Hawker

Senator Marovitz offers Amendment No. 1. PRESIDENT ROCK) 57 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 Senator Marovitzz on Amendment No. 1.

SENATOR MAROVITZ

Thank you very much, Mr. Fresident and Members of the Senate. This is the Expedited Child Support Act, Which the State of Illinois must pass to become in cpmpliance with the Federal Government in order to establish an Expedited Child Support System . This Act follows the arbitration model to expedite the handling of parentaqe and child support cases by the court system , so that we don'k have a tremendous influx of cases. It particularly involves IV-D cases, which are cases where non-private attorneys are used, but public attorneys are usedz sixty-six percent of which is reimbursed by the Federal Government. This will help get the child support dollars to the kids and those parents where it's needed, prevent backlogs in the court system. The amendment which has been filed has been approved by khe judges, and I would ask for adoption of Amendment No . 1.

PRESIDENT ROCK

All right. Senator Marovitz moved the adoption of Amendment No . to Senate Bill 2190. Discussion? If nok, all in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. 2208. Senator Jones. Read khe bill, Madam Secretary.

Linda Hawker

Senate Bill 2208. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDENT ROCK

58 STATE 0P ILLINOIS 86th GENERAL ASSEMBLX I REGULAR SESSION SENATE TRKNSCRIPT 90th Legislative Day May l6r 1990 Any amendments from the Ploor? I SECRETARY HAWKER: No Floor amendments. PRESIDENT ROCK: 3rd Reading. 2213. Senator D'Arco. Read the bill, Madam Secretary. SECRETARY HAWKER: Senate Bill 2213. (Secretary reads title of bill) 2nd Readin: of the bill. The committee on Judiciary offers Committee Amendment No. 1, PRESIDENT ROCK: Senator D 'Arco, on Committee Amendment No. 1. SENATOR D 'ARCO: I would move to Tablea PRESIDENT ROCK: Senator D'Arco has moved to Table Committee Amendment No. l to Senate Bill 2213. A1l in favor of the motion to Table, indicate by saying Aye. A11 opposed. The Ayes have it. Amendment No. 1 is Tabled. Are there further amendments? SECRETARY HAWKER: No further committee amendments. PRESIDENT ROCK: Are there amendments from the Floor? SECRETARV HAWKER: genator Hawkinson offers AmendmenE No. 2. PRESIDENT ROCK: Senator Hawkinson. Amendment No. 2 offered by Senator Hawkinson. Senator Hawkinson. SENATOR HAWKINSON: Thank -- thank you, Mr. President. Amendment No. 2 removes the words ''close friend'' from the -- the bill. What -- What this 59 : I STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6# 1990 : bill does is it sets up a procedure whereby anyone may challenge the decision of other relatives on the sliding scale, starting wkth spouse and then cbildren and then other relatives', grandchildren. The way the bill is currently writtene it would allow a quote ''close friend'' - anyone who comes in and files an affidavit that they're a close friend of the patient - to challenge a decision that may be reached by the physician and the spouse and the children of the patient, and I don't think we ouqht to be putting spouses and children in a position of having close friends challenge their decision-makinq, and that's why this amendment seeks to remove ''close friends'' from the bill. PRESIDENT ROCK: Discussion? Discussion? Senator D'Arco. SENATOR D'ARCO: Well I understand Senaeor Hawkinson's concerns, and -- and the question of a close friend and the priority of surrogates should be included, simply for the reason that if there are no other surrogates that are relatives of the patient, then the close friend may be the only person who is in a position, because of his relationship With the patient and his knowledge of the patient's Wishes and desires, to make a decision concerning this very important procedure. I also understand Senator Hawkinson's feeling about the close friend having a mechanism to dispute the surrogate 's decision-making capacity. And I aqree With him on that point - that he should not be in a position to do that. Now, we will address Ehat problem . There -- there is anoEher amendment forthcoming. This bill has to go back to 2nd Reading once we adopt the amendments today, and We ean, at that time, address this problem. And I think that's the best way to handle this: and for that reason, I would ask -- okay -- actually Mr. President, I am told this amendment is out of order because we Tabled the first amendment. But, Senator Hawkinson -- 60 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6: 1990

PRESIDENT ROCK

Al1 right. Senator HaWkinsonz the Gentleman has agreed he'd eall it back again. Why don't we uithdraw this one? Has been withdrawn. Further amendments, Madam Secretary?

Linda Hawker

Amendment No. 2 offered by Senator D 'Arco.

PRESIDENT ROCK

Senator D'Arco.

SENATOR D 'ARCO

Mr. President -- can you read the LRB number on Amendment No. 2: Linda?

Linda Hawker

Yes. The ending numbers are 2213pam1/dWv.

SENATOR D IARCO

A1l right. Amendment No. 2 is the Senator Berman amendment, Which is recommended by the Christian Scientists, and it does not authorize health care providers to be included Within the definitions. I have no problem with this amendment, and ask that be adopted.

PRESIDENT ROCK

Senator D'Arcols moved the adoption of Amendment No. 2 to Senate Bill 2213. Discussion? If noty al1 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendmentls adopted. Further amendments?

SECRETARY HAWKZR

Amendmen: No. 3 offered by Senator Berman.

PRESIDENT ROCK

Senator Berman, Amendment No. 3.

SENATOR BERMAN

Thank you. This is a simple amendment which was suggested by one of the doctors in my district. It's merely to require that a patient covered by this bill who has a living Will or durable 61 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90Eh Legislative Day May l6, 1990 power of attorney -- some otber kind of directive regarding this emergency situation, that the medical records proninently display and the identification band that's on this patient prominently display the exkstence of such a document, so that it's not just lost in the records, but that it's prominently displayed so that if something terrible happens to this patient, it's there in a very noticeable posture. 1 know of no opposition to this amendment.

PRESIDENT ROCK

Senator Berman's moved the adoption of Amendment No. to Senate Bill 2213. Discussion? If not, a11 in favorz indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. 2237. Senator Savickas. Read Ehe bill, Madam Secretary.

Linda Hawker

Senate Bill 2237. (Secretary reads title of bill) 2nd Reading of the bill. No gommittee amendments.

PRESIDENT ROCK

Any amendments from the Floor?

Linda Hawker

Senaeor Saviekas offers Amendment No. -- No. 1.

PRESIDENT ROCK

Senator Saviekas, on Amendment No.

SENATOR SAVICKAS

Madam Secretary, could you read the number on thak? 'Cause there were two at one time.

Linda Hawker

62 ( I STATE 0F ILLINOIS ' 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 90th Legislative Day May l6, 1990 861175102. SENATOR SAVICKAS: Right. Okay. Yes, Mr. President, Members of the Senate, Senate Bi11 2237 was put in foz a speeifie purpose to address a park problem between a couple of local community groups: and that ' problem evidently wasn't resolved with the amendment. We withdrew that. The City of Chicago has asked that we adopt the Amendment - I guess noW No. 1 - to this bill to address a problem that the City of Chicago, and I guess màny urban areas, face, and that is the ability to demolish abandoned buildings and acquire the land and put it to use. As you know, in the City of Chicago: ohz khere's probably fifkeen hundred demolition cases each year. And any time on the court docket itself, there can be three thousand to thirty-five hundred eases pending. This amendment hopes to address that problem to allow the City then to put the land on produckive use, either tbrough resale or through indusErial use. I would move its adoption. PRESIDENT ROCK: A11 right. Senator Savickas moved the adoption of Amendme'nt No. l Eo Senate Bill 2237. Discussion? Senator Dudycz. SENATOR DUDVCZ: Thank you -- thank you, Mr. President. Question of the sponsor. PRESIDENT ROCK: Sponsor indicates he will yield, Senator Dudycz. SENATOR DUDYCZ: Senator Savickas, I'm very well aware of the problem that we have in the City regarding the -- the abandoned buildings. Does this have anything to do *1th quiek-take powers? PRESIDENT ROCK: Senator Savickas. SENATOR SAVICKAS: 63 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legkslative Day May l6# 1990 Yes, it would allow the city, under certain conditions, to take that property that's been abandoned and condemned, and put up either for sale or for use. At the present time, what happens noW when the City demolishes an abandoned building, they do put a lien against the property for its cost - for not only the cost of the demolikion, bue the waker bills and unpaid taxes and whatnot. This is in an effort to reduce the time now that is presently approximately four years to acquire and demolish the buildinqs.

PRESIDENT ROCK

Further discussion? If not, the question is the adoption of Amendment No. to Senate Bill 2237. Al1 in favor, indicate by saying Aye. Opposed. The Ayes have it. The amendmentls adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. 2239. Senator Savickas. Read the bill.

Linda Hawker

Senate Bill 2239. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDENT ROCK

Any amendments from the Floor?

Linda Hawker

No Floor amendments.

PRESIDENT ROCK

3rd Reading. 2249. Senator Savickas. Read the bill. SECRETARY HA%XER: Senate Bill 2249. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDENT ROCK

64 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990 Any amendments from the Floor?

Linda Hawker

No Floor amendments.

PRSSIDENT ROCK

3rd Reading. 2253. Senator Welch. 2255. Senator Netsch. Read the bill.

Linda Hawker

Senate Bi1l 2255. (Secretary reads title of bi11) 2nd Reading of the bill. The Committee on Revenue offers Committee Amendment No.

PRESIDENT ROCE

Senator Netsch, on Committee Amendment No.

SENATOR NETSCH

Thank you, Mr. Mr. President. This io a Truth in Taxation bill. The committee am#ndment makes the followin: change: it provides that the -- the -- under the Truth in Taxation mechanism z a three-fifths vote of the governing body of every unit of local government which is subject to Truth in Taxation, would be required, Whenever the aggregate levy - Whkch is the term defined in Truth in Taxation - is in excess of one hundred and five percent. And it would also require, in addition, a referendum at one hundred and nine percent. Putting it very simplyy the -- at a five-percent increase in levyy an extraordinary vote of the governing body would be required. A three-fifths vote. At a nine percent or more increase in the aggregate levy, that would have to go to referendum before it could become effective. That is the content of Committee Amendment No. 1, and I would move its adoption.

PRESIDENT ROCK

Senator Netsch has moved the adoption of Committee Amendment No. l to Senate Bill 2255. Dlscusslon? Senator Keats. 65 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990

SENATOR KEATS

recogniae it's a committee amendmentw so I'm not asking distribution and stuff, but how does this affeet the City of Chicago and the County of Cook? Are they in any way treated differently from the rest of the State? PRESIDENT ROCK) Senator Netsch.

SENATOR NETSCH

No.

PRESIDENT ROCK

All right. Senator Netsch has moved the adoption of Commietee Amendment No. to Senate Bill 2255. Further discussion? If not, a11 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Purther amendments?

Linda Hawker

No further committee amendments.

PRESTDENT ROCX

Are there amendments from the Floor?

Linda Hawker

Senator Kustra offers Amendment No. 2.

PRESIDENT ROCK

Senator Eustrap on Amendment No. 2.

SENATOR KUSTRA

Thank you, Mr. President and Members of the Senate. This is an amendment that attempted to deal with in committee as a -- as a bill. I have a problem W1th Senator Netschîs approach to this partieular property tax relief measure. I have some difflculty allowing these property taxes to increase these levies to increase to nine percent Without referendum. think it makes a lot more sense to tie property tax levies across the State of Illinois to ehe consumer prlce lndex, and that's what my amendment does. However, it also says that once you reach five percent, 66 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90eh Legislative Day May 16w 1990 then it must go to referendum . So it is certainly a more reserictive approach, but given the outrageous increases in property taxes that our constituents have experienced, especially in the northern end of the State, I think it makes good sensey number one, to tie to the consumer price index, and number two, to limit it to five percent instead of nine percent. And that's what this amendment does. I'd move for its adoption.

PRESIDENT ROCK

A1l right. Senator Kustra has moved the adoption of Amendment No. 2 to Senate Bill 2255. Discussion? Senator Netsch.

SENATOR NETSCH

Thank youz Mr. President. This is an important issue, so I think everyone should pay aktention. My concern about requiring referendum at five percent or the consumer price index, whichever is lesser, is really the very concern that you raised the other day, Senator Kustra think once when we were in committee and when we were on a program together on Friday - and that is that with respect to those areas that are experiencinq high growth - not just in their assessed valuation. but high growth in their population base - that frequently it is just -- it makes no sense to subject them to so stringent a requirement that they are not able to accommodate that growth. And let me give you an example. A fire protection district person came to see me the other day probably saw you also - and said, ''We are growing at...'' and expressed this enormous increase in population, '% ..we have :ot to add, not only a new flre sEation, buE a couple of new fire trucks, and that is going to take our levy for one year up to probably twelve or thirteen percent. We we would have to go to referendum at five percent, and we just -- doesn't make any sense. It would hold up our whole planning process.'' So the idea of allowing a little bik of leeway is literally to accommodate those areas that are different from some other parts of the State 67 STATE OF ILLINOIS 8ith GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 and that are experiencing that high growth. That is precisely the criticism you had the other day of -- of my approach to Truth in Taxation. And I think this at least helps to address that.

PRESIDENT ROCK

A11 right. Further discussion? All right. Senator Kustra has moved the adoption do you wish ta close, Senator Kustra? All right. Senator Kustra has moved the adoption of Amendmenk No. 2 to Senate Bill 2255. Those in favor of the amendment will vote Aye. Opposed, vote Nay. And the voting is open. Have a11 voted who wish? Have all voted who wish? Have a11 voted kho wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 28 Ayes, 28 Nays, none voting Present. And the amendment fails. Further amendments? I beg your pardon. Senator Kustra, for what purpose do you rise?

SENATOR KUSTRA

Iîd like to verify the vote, please.

PRESIDENT ROCK

All right. That request is in order. Senator Kustra has requested a verification. Wi11 the Members please be in thelr seats. Madam Secretary: read the negative roll.

Linda Hawker

The following Members voted in the negative: Alexanderz Berman, Brookins, Carrollz Collinsw Daleyg D 'Arco, Davidson, de1 Valle, Demuzio, Thomas Dunn, Hallg Hawkinson, Holmberg; Jacobs, Jones, J.E. Joyce, J.J. Joyce, Relly, Luft, Marovitz, Netsche Newhouse, O'Daniel, Geverns, Smith, Vadalabene and Mr. Presldent.

PRESIDENT ROCX

Senator Kustra, do you question the presence of any Member?

SENATOR KUSTRA

Senator Newhouse.

PRESIDENT ROCK

68 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 Senator Newhouse is in his seat.

SENATOR KUSTRA

Senator Alexander.

PRESIDENT ROCK

Senator Alexander is in the back of the Chamber.

SENATOR KUSTRA

Senator Carroll.

PRESIDENT ROCK

Senator Carroll is at my right hand.

SENATOR KUSTRA

Senator Collins.

PRESIDENT ROCK

Sometimes at my right hand. Yeah, right. Senator Collins.

PRESIDCNT ROCK

Senator del Valle.

PRESIDENT ROCK

Senator del Valle is in his seat.

SENATOR KUSTRA

Senator Holmberg.

PRESIDENT ROCK

Senator Holmberg's in her seat.

SENATOR KUSTRA

Thank you.

PRESIDENT ROCK

All right. The roll has been verified. There are 28 Ayes. 28 Nays. Amendment No. 2 fails. Further amendmenks? SECRETARY HAWKERJ Amendment No. 3 offered by Senator Netsch. PRESIDENT ROCK; Senator Netsch, on Amendment No. 3.

SENATOR NETSCH

Thank you, Mr. President. Amendment No. is literally the 69 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90*h Legislative Day May l6, 1990 same as the committee amendment witb one correction. The word 'laggregate'' Was left out in two places, and I think it more accurately reflects what we believed Committee Amendment No. 2 did.

PRESIDENT ROCK

All right. Senator Netsch has moved the adoption of Amendment No. 3 to Senate Bill 2255. Discussion? If not, a11 in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

Linda Hawker

Amendment No. 4 cffered by Senator Netsch.

PRESIDENT ROCK

Senator Netsch, on Amendment No. 4.

SENATOR NETSCH

1'11 Withdraw that one.

PRESIDENT ROCK

Withdraw -- with leave of the Body, ik's been withdrawn. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. Al1 right. Senator Welch is back with us. hope a11 of you Ladies and Gentlemen are aware that I have asked khe the Gentleman from the General Assembly Retirement System to be -- available. He is in the Podium -- the Podium office and will be there as lons as interest is expressed. If you have any questions or wish to discuss anything, he is -- right behind me in the Podium office. Senator Welch, on 2253. 2-2-5-3, Kadam Secretary. believe there was an amendment pending also. 2253. Just back it up one.

Linda Hawker

Senate Bill 2253. 70 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Energy and Environment offers Committee Amendment No. 1. i PRESIDENT ROCR: : SenatorWelch,on CommitteeAmendmentNo.1. 1 SENATOR WELCH : Mr. President, I'd move to Table that amendment. PRESIDENT ROCK: All right. Senator Welch has moved to Table Committee Amendment No. l to senate Bill 2253. Discussion? If notp all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The motion carries. Amendment No. 1 is Tabled . Further amendments? SECRETARY HAWKER: No further committee amendments. PRESIDENT ROCK: Any amendments from the Floor? SECRETARY HAWKER: Senator Welch offers Amendment No. 2. PRESIDENT ROCK: Senator Welch, on Amendment No. 2. SENATOR WELCH: Thank you, Mr. President. This is a cleanup amendment that amends the Toxic Pollution Prevention Act. It also adds a feW new program requirements allowing hazardous waste research in the lnformation center Eo award grants for toxic pollution prevention. Lask year we passed Ehe Toxlc Pollution Prevention Ac* that I sponsored. We're tightenlng it up. We're addinq a few more requirements on the Department, not on industry, as to what their priorities are, and What We Want them to look for When we try to control air toxic emissions. I would move for the adoption of the amendment. 71 ! STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990

PRESIDENT ROCK

All right. Senator Welch has moved the adoption of Amendment No. 2 to Senate Bill 2253. Discussion? If not, a1l in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCE

3rd Reading. Senator Newhouse, for what purpose do you arise, sir? Senator Newhouse. Newhouse. Not working?

SENATOR NEWHOUSE

Thank you, Mr. President. In the gallery, immediate to the -- to my -- to the back of me is a class from the Adam Clayton Powell School, which is in my district. I'd like them to stand and be recognized by this Assembly.

PRESIDENT ROCK

Will our guests please stand and be recognized. Welcome to Springfield. Top of Page 6, Ladies and Gentlemen. Top of Page 2267. Senator Marovitz. 2274. Senator Rea. 2291. Senator Brookins. Senator Rea, 2274. Read the bill.

Linda Hawker

Senate Bill 2274. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce and Economic Development offers Committee Amendment No.

PRESIDENT ROCK

Senator Rea, on Committee Amendment No. 1. Rea. Senator Rea, please.

SENATOR REA

Thank you, Mr. President. Amendment l eliminates the provisions concerning education for employment programs, and also corrects some technical errors. The amendment removes objections 72 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 raised to the bill's elimination on numerous boards and councils that administer employment programs and services. And the Governor's Task Force or -- they Will have a master plan that will be completed by the -- sometime in June, which should take care of this situation. I would move for the adoption. Mr. President, I had the -- the wrong amendment there. I had the Floor amendment -- I mean, the committee amendment. I have now the Floor amendment, which -- all it does is transfers the authority to regulate the Business and Industrial Development Corporation from the Commission of Banks and Trust to the Department of Commerce and Community Affairs. I would move for its adoption. PRESIDENT ROCK: A11 right. Senator Rea has moved the adoption of Committee Amendment No. l to Senate Bill 2274. Discussion? If not, al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Purther amendments? SECRETARY HAWKER: No further committee amendments. PRESIDENT ROCK: Amendments from the Floor? SZCRETARY HAWKER: Senator Rea offers Amendment No. 2. PRESIDENT ROCK: Senator Rea, on Amendment No. 2. SENATOR REA: okay. Amendment No. 2 is the one I explained at first which eliminates the provisions concerning education for employment programs, and also corrects some technical errors. I would move for its adoption. PRESIDENT ROCK: All right. Senator Rea has moved the adoption Qf Amendment i No. 2 to SenateBill2274. Discussion? Ifnot,a11infavor, j 73 h STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

Linda Hawker

No further amendnents.

PRESIDENT ROCK

3rd Reading. 2291. Senator Brookins. 2304. Senator Marovitz. A11 right. Ladies and Gentlemen, we have had two fiscal notes that have been filed, and we agreed earlier to go back to Senator Barkhausen's bill. If I can turn your attention again to Page 2. Senator Jones, Senator Barkhausen and Senator Rea. On the Order of Senate Bills 2nd Reading, Madam Secretary, the bottom of Page 2, is Senate Bill 1523. A fiscal note had been requested, has noW been filed. The Gentleman wishes to proceed. Read the bill, please.

Linda Hawker

Senate Blll 1523. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDENT ROCE

Any amendments from the Ploor?

Linda Hawker

Senator Jones offers Amendment No. 1.

PRESIDENT ROCK

Senator Jones, on Amendment No. 1.

SENATOR JONES

Thank you, Mr. President and Members of Ehe Senate. Amendmenk No. l is essentially the bill, and ie establishes five hundred Echolarshlps annually, beginning in the fall of 1991 and .92, that will be diskributed among students in the associate degree, nursing diploma as well as baccalaureate degree nursing programs. The scholarships would cover tuition and fees, and the -- to a max of two thousand dollars a year, and provide a twenty-five hundred 74 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6: 1990 dollar a year stipend. The funding for this bill will be contained in Senator Topinka's bill, which comes from the -- a ten percent from the dedicated fund in the nursin: scholarship -- the Nursing Fee Fund with the Department of Professional Regulation. And I move its adoption.

PRESIDENT ROCE

Senator Jones has moved the adoption of Amendment No. to Senate Bill 1523. Is there any discussion? If not, all in favore indicate by sayin: Aye. All opposed. The Ayes have The amendment's adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. Top of Page 3. Senator Barkhausen. 1575. Read the bill, Madam Secretary, please. 1-5-7-5. 1-5-7-5.

Linda Hawker

Senate Bill 1575. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDENT ROCK

Any amendments fram the Floor?

Linda Hawker

Senator Barkhausen offers Amendment Na. 1.

PRESIDENT ROCK

Senator Barkhausen, on Amendment No . 1.

SENATOR BARKHAUSEN

Mr. President and Members, thls ls the amendment that I had started to present earlier to Senate Bill 1575: the Uniform Foreign Money Claims Act, and it Was addinq two other Uniform Act bills that had earlier introduced, one deallng with international Wills and another addinq an Article 4A to the Uniform Commercial Code dealing With wire transfers. I answered 75 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 some questions earlier. If there are any more, 1'11 be glad to answer them, otherwise move the adoption.

PRESIDENT ROCK

Senator Barkhausen has moved the adoption of Amendment No. l to Senate Bill 1575. Discussion? If not, a1l in favor -- say Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. A11 right. Earlier a fiscal note had been requested on 1701. The sponsor informs me that that request has been complied with. On the Order of Senate Bills 2nd Reading, 1701. Read the bill: Madam Secretary: please.

Linda Hawker

Senate Bill 1701. (Secretary reads title of bill) 2nd Readin: of the bill. No committee amendments.

PRESIDENT ROCX

Any amendments fron the Floor?

Linda Hawker

No Floor amendments.

PRESIDENT ROCK

3rd Reading. Earlier on, also 1752. Senator Maitland. Senator Berman. Senator Maitland. Read the bill, Madam Secretary. On the Order of Senate Bills 2nd Reading, bottom of Page 3, is Senate Bill 1752, Madam Secretary, please.

Linda Hawker

Senate Bill 1752. (Secretary reads title of bi1l) 2nd Reading of the bill. The Committee on Insurancez Pensions and Licensed Activities offers Committee Amendment No. 1. 76 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990

PRESIDENT ROCK

Senator Maitland, on Committee Amendment No. Have these already been adopted? Have we been through this drill? Are they adopted now? Committee amendment has been adopted. What else has been adopted? All right. Okay. Senator Maitland, we are at the process where the -- or at the position where one amendment was ruled out of order and another was adopted. So we have had Amendment 1 and 4 Ksiel adopted, 2 was ruled out of order, and -- further amendments?

SECRETARY HAWRER

Amendment No. 4 offered by Senator Berman.

PRESIDENT ROCK

Senator Berman, on Amendment No. 4. SENATOR BERMAN; Thank you, Mr. President. I apologize for a11 the confusion. Just to refresh everyone's -- memory, this is an amendment that -- to the proposed bare-bones insurance policy for small employers to offer to their employees. Among the provisions that Would be provided ln this insurance coverage would be coverage for low-dose mammography in x-rays for women thirty-five years of age and older, and spouse and dependent coverage in the event of death or divorce. Both of these provislons are in our existing law. They are two very important -- two very important basic needs if we're going to provide coverage for anyone in the State of Illinois, and I urge an Aye vote.

PRESIDENT ROCK

All right. Senator Berman has moved the adoption of Amendment No. 4 to Senake Bill 1752. Discussion? Senator Maitland.

SENATOR MAITLAND

Thank you very much, Mr. President, Members of *he fenate. A question of the sponsor, skr.

PRESIDENT ROCK

77 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 Sponsor indicates he will yield, Senator Maitland.

SENATOR MAITLAND

Senator, could you enlighten us on what the responsibility would be of -- of the widow - in other words, the cost to -- to her if -- the member were deceased?

PRESIDENT ROCK

Senator Berman.

SENATQR BERMAN

I stand to be correcked, but I think this is an existing law, and if an employer provides coverage today to an employee and the employee passes away, the 1aw requires that the coverage that Was afforded to the employee be available to the spouse and dependents of that employee for a certain period of time in which -- just one second. I believe that the -- the widow pays the same obligation that the employee had, and I -- just don't recall what the period of time is, but it's it's a carryover eoverage until the Widow or the divorced spouse or their dependenes can get themselves situaeed. Tt's a -- a short-term provision that we require for every policy issued now.

PRESIDENT ROCK

Senator Maitland.

SENATOR MAITLAND

Well, I -- Senatory I think you make -- make our point over here. First of all, these are people Who would be possibly lower income people and it would be difficult for them to pay this, which -- and -- and the cost of this coverage is incredibly high, and and what wedre offering here is a no-frills plan to allow people who are not now covered to have at least some coverage. The two components that youdre adding here are the tWo most expensive components, and a major reason why employers are unable to offer the policy in in the first place.

PRESIDENT ROCK

78 STATE 0F ILLIHOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 All right. Further discussion? Further discussion? Senator Berman may close.

SENATOR BERNAN

Thank you, Mr. President. Ladies and Gentlemen of the Senate, this bill is a proposal to make a drastic change in public policy in the State of Illinois. Over the years we have mandated that insurance coverage provided to employees have a number -- a number of specàfàc mandated coverages. Those that checklist of mandates is anywhere from twenty to thirty in number. The oriqinal bill cuts all of those add-ons out. I'm suggesting, by this amendment, that two important add-ons be included. And haven 't seen any numbers that reflect the cost, and suggest to you today that between now and final passaqe of this bill, if it moves along, khat our public policy ought to indicate that these two elements be included in a bare-bones eoverage. Number one, low-dose mammography for women of thirty-five years of a:e and over. I don't have to -- to expand upon the exposure to a1l of society revarding the ravages of breast cancer. That should be ln this bill. Number two, is that in the event of death or divorce that the widow or the divorcee be allowed to pay the cost that the employee would have paid. That's current law. That's all wedre asking for in this - for a speciflc period of time. I1m not expanding the existing mandaee. I'm only suggeskin: that these two things be included in this revised, very revolutionary approach to bare-bones coverage. But let's provide meaningful coverage. I ask for an Aye vote on Amendmenk No ....

PRESIDENT ROCK

A1l right. Senator Berman has moved the adoption of Amendment No. 4 to Senate Bill 1752. Those in favor of the amendment will vote Aye. Opposed will vote Nay. And *he voting is open. Have a11 voted who wish? Have al1 voted Who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that 79 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16z 1990 question. there are 31 Ayes: 23 Nays, none voting Present. And Amendment No. 4 is adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. Senator del Valle, you wish to go back Lo 15087 Bottom of Page 2, Ladies and Gentlemen. 0n the Order of Senate Bills 2nd Reading is Senate Bill 1508. Read it please, Madam Secretary.

Linda Hawker

Senate B1ll 1508. (Secretary reads title of bill) 2nd Readinq of the bill. The Committee on Transportation offers Committee Amendment No.

PRESIDENT ROCK

Senator del Valley on Committee Amendment No. 1. SENATOR dEL VALLE: Thank you, Mr. President. Committee Amendment No. establisbes the penalty as a petty offense, fifty-dollar fine. move the adoption of Committee Amendment No. 1.

PRESIDENT ROCK

Senator del Valle has moved the adoption of Committee Amendment No. 1 to Senate Bill 1508. Discussion? If not, a11 in favor: indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

SECRETARY RAWKER

No further commiEtee amendments. PRESIDENT ROCKJ Any amendments from the Ploor?

Linda Hawker

Senator del Valle offers Amendment No. 2.

PRESIDENT ROCK

80 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6: 1990 Senator del Valle, on Amendment No. 2. SENATOR dEL VALLEI Thank you, Mr. President. Floor Amendment No. 2 changes the distance restriction from fifty to seventy-five feet. I move the adoption of Floor Amendment No. 2.

PRESIDENT ROCK

Senator del Valle has moved the adoption of Amendment No. 2 to Senate Bill 1508. Discussion? If not, all in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopked. Are ehere fureher amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. ...tmachine cutoffl... Al1 right. The Chair has been informed that the fiscal note that was requested on 1585, 1-5-8-5, has just now been filed. So with leave of the Body, we'll go back to that Order. Top of Page 3. On the Order of Senate Bills 2nd Reading is Senate Bill 1585. Read the bill, Madam Secretary, please.

Linda Hawker

Senate B11l 1585. (Secretary reads title of bill) 2nd -- 2nd Reading of the bill. No committee amendments.

PRESIDENT ROCK

Any amendments from the Floor?

SECRETARY RAWKER

Senator Collins offers Amendment No. 1.

PRESIDENT ROCK

senator Collins, on Amendment No.

SENATOR COLLINS

Yes. Thank you, Mr. President, Members of the Body. Amendment No. to Senate Bill 1585 is amendment that was 81 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 requested in the committee for clarification, first of all, of the needs-test Section in the bill and whaE this amendment does is makes it very clear that the the seholarships that webre talking about - persons would have to meet the existin: needs-test that is currently used by the Scholarship Commission. It also clarifies that we're talking about fifty percent of the room and board for those students who qualify under the bill. Pifty percent in their last year - their junior and senior year. So I would move for the adoption of Amendment No. 1.

PRESIDENT ROCK

Al1 right. Senator Collins has moved the adoption of Amendment No. 1 to Senate Bill 1585. Discussion? If not, a1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendmentls adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. Senator Schaffer was given the responsibility for 2115 - wishes to pursue that. 0n the Order of Senate -- with leave of the Body, welll just move right on down. On the Order of Senate Bills 2nd Reading, Senate Bill 2115. Read the bill, Madam Seeretary: please.

Linda Hawker

Senate Bill 2115. (Secretary reads title of bill) 2nd Readin: of the bill. No committee amendments.

PRESIDENT ROCK

Any amendments from the Floor?

Linda Hawker

No Floor amendments.

PRZSIDENT ROCK

3rd Reading. Senator Schaffer, for what purpose do you arise? 82 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990

SENATOR SCHAFFER

just want to indicate that there is an amendment coming from the Department and we fully intend to put that on before the bill advances.

PRESIDENT ROCK

We'11 be waiting with bated breath for the Department. A11 right. Ladies and Gentlemen, we'll now move to the Order of Recalls. Effectively we'll move to the Order of Senate Bills 3rd Reading, but we will deal with the Recall Lisk. Members have indieated that they have bills they wish to recall for the purpose of an amendment. That list has been distribuked, and I would ask the Members just tc -- Wedll start on Page 8. Paqe 8 of the Calendar. On the Order of Senate Bills 3rd Reading is Senate Bill 1491. Senator Watson seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 1491, Madam Secretary.

Linda Hawker

Amendment No. l offered by Senator Watson.

PRESIDRNT ROCK

Senator Watson, on Amendment No. A.

SENATOR WATSON

Qhank youy Mr. President. This is the leqislation that will repeal khe ATV Acty and the amendment will add back some of the safety provisions that we feel should -- should remain in the Act. And it also qives the Departmen: of Conservation the authority to refund the fees that theylve already received, and it -- to expend those monies, and also authorizes khe S*ake Treasurer and the Comptroller ko close ouk the fund by transferring the remaining balance to the Motor Puel Tax Pund, which -- from which ie came. I move for its adoption.

PRESIDZNT ROCK

83 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 Senator Watson's moved the adoption of Amendment No. l to Senate Bill 1491. Discussion? If not, a1l in favorr indicate by saying Aye. A1l opposed. The Ayes have The amendment's adopted. Purther amendments?

Linda Hawker

No furkher amendments.

PRESIDENT ROCK

3rd Reading. Top of Paqe l0. On the Order of Senate Bills 3rd Reading is Senate Bill 1768. Senator Jerome Joyce seeks leave of the Body to return that bill to the Order of 2nd Readin: for purposes of an amendment. Is leave Qranted? Leave is granted. Qn the Order of Senate Bills 2nd Readings Senate Bill 1768, Madam Secretary.

Linda Hawker

Amendment No. 1 offered by Senator Jerome Joyce.

PRESIDENT ROCK

Senator Joyce.

SENATOR JOYCE

SENATOR JOYCE: This amends -- thank you, Mr. President. This amends the Eorse Racing Act regarding detention barns. We've held a hearing on this and this requires that every horse entered to race to be placed in a security area as designated by the Racing Board. Makes the trainer of record responsible for the security of the horse and stall area. I'd move for the adoption. PRESIDENT ROCK; Senator Joyce has moved the adoption of Amendment No. 1 to Senate Bill 1768. Discusslon? If not, a1l in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCM) 84 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9Bth Legislative Day May l6y 1990 3rd Reading. Senator Ralph Dunn. 1864. On the Order of Senate Bills 3nd Reading, Senator Dunn seeks leave to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1864, Madam Secretary.

Linda Hawker

Amendment No . 2 offered by Senator Ralph Dunn.

PRESIDENT ROCK

Senator Dunn.

SENATOR R. DUNN

Thank you. I think that Amendment No. -- or Amendment No. 2, I need to Table, so I can put -- give it another amendment. Is that right? don't need to, they tell me. It tracks together, so I can just add Amendment No. 2. This clarifies: a little further, the homeowners insurance policy that we recommend that the insurance companies notify an applicant for insurance they 're in the earthquake zone, that they don 't have earthquake coverage. That's a1l it amounts to.

PRESIDENT ROCK

Al1 right. Senator Dunn's moved the adoption of Amendment No. 2 to Senate Bill 1864. Discussion? If not, all in favor, indicate by saying Aye. Opposed: Nay. The Ayes have it. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. 1877. Senator Joyee seeks leave of the Body to return that bill ko the Order of 2nd Readin: for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 1877, Madam Secretary.

Linda Hawker

Amendment No. l offered by Senator Jerome Joyce. 85 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6# 1990

PRESIDENT ROCK

Senator Joyce.

SENATOR J.J. JOYCE

Thank you, Mr. President. This is the Emerging Democracies Freedom of -- Freedom Bond Authority. It Will consist of a five-member board of experts appointed by the Governor and confirmed by *he Senate. Tbis board will have the power to issue up to twenty million in bonds or notes to create a loan fund to assisk Illinois exporters With facilities in Illinois: and which have a minlmum of twenty-five percent of the value of the products manufactured in Illinois. The bonds or notes shall not be general obligations of the State of Illinois. The bonds or notes shall be payable solely out of the revenues derived by the Authoriky, primarily from payments of the loan and tnterest by the borrowers. I'd move for the adoption. PRESIDENT R0cH: Senator Joyce moved the adoption of Amendment No. l to Senate Bill 1877. Discussion? If not, a1l in favor, indicake by saying Aye. All opposed. The Ayes have The amendment's adopted. Are there further amendments? SECRETAR: HAWEER: No further amendments. PRESIDENT ROCEI 3rd Reading. 1957. Senator Dunn seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leake granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Blll 1957, Madam Secretary. Senator Dunn. SENATOR DUNN J Thank you, Mr. President. Yesterday misspoke When I represented to the Body that the Department Was in favor of Amendment No. 2. What actually happened was the bills -- the 86 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 amendments got filed in reverse order, and based on that, I having voted on the prevailing side, I wisb to Table Amendment No. 2.

PRESIDENT ROCK

All right. Senator Dunn, having voted on the prevalling side, has moved to reconsider the vote by which Anendment No. 2 to Senate Bill 1957 Was adopted. Al1 in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have it. The vote is reconsidered. Senator Dunn noW moves to Table Amendment No. 2 to Senate Bill 1957. Discussion? Senator Topinka.

SENATOR TOPINKA

Just to avoid the confusion that went on yesterday, could he - - could Senator Dunn possibly say which amendment does What nowz so We know exaetly Which one is where?

PRESIDENT RGCK

Senator Dunn, explain the one you're going to Table.

SENATOR T . DUNN

The amendment that will be Tabled would have ealled for CILA agencies to reimburse taxing districts for a loss in revenue.

PRESIDENT ROCK

Al1 riqht. Senator Dunn has moved to Table Amendment No. Discussion? Al1 in favor of the Motion to Table, indicate by saying Aye. All opposed. The Ayes have it. Amendment No. 2 is Tabled . Are there further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Readinq. 1958. Bottom of Page Senator del Vxlle seeks leave of the Body to rekurn that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 87 STATE 0F ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 1958, Madam Seeretary.

Linda Hawker

Amendment No. 2 offered by Senator de1 Valle.

PRESIDENT ROCK

Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. Amendment No. 2 establishes the sale price of the property ko be conveyed from the Department of Transportation to the City of Chicago. I move the adoption of Amendment No. 2. PRESIDENT ROCK) All right. Senator de1 Valle has moved the adoption of Amendment No. 2 ko Senate Bill 1958. Discussion? If not, all in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. 2014. Senator Welch. Top of Page 11. Senator Welch seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendnent. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, is Senake Bill 2014, Madam Secretary.

Linda Hawker

Amendment No. 1 offered by Senator Welch.

PRESIDENT ROCK

Senator Welch, on Amendment No.

SENATOR WELCH

Thank you? #r. President. This is merely a technical change to the Legislative Reference Bureau legislation. I Would move for its adoption.

PRESIDENT ROCK

88 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legkslative Day May l6: 1990 Senator Welch has moved the adoptâon of Amendment No. to Senate Bill 2014. Discussion? If not, a1l in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. 2037. Top of Page ll. Senator Ralph Dunn seeks leave of the Body to return that bill to the Order of 2pd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 2037, Madam Secretary.

Linda Hawker

Amendment No . l offered by Senator Ralph Dunn.

PRESIDENT ROCK

Senator Dunn.

SENATOR R. DUNN

Thank you, Mr. President and Members of the Senate. This amendment defines the term, ''public awareness and education'' that is in the bill as introduced. This also clarifies the contracts can be entered into between the Department of Energy and Natural Resources and other organizations in order to provtde public awareness. Amendment's agreed to by Senator Rea, my co-sponsor, Department of Energy and Natural Resources, Coal Association, and I'd urge its adoption.

PRESIDENT ROCK

Senator Dunn's moved the adoption of Amendment No. 1 to Senate Bill 2037. Discussion? If not, a1l in favor, indicake by saying Aye. All opposed. The Ayes have it. The amendment's adopted . Further amendments?

SECRETARY HAWRER

No further amendments. 89 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6g 1990

PRESIDENT ROCR

3rd Reading . 2052. Senator Daley seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 2052, Madam Secretary.

Linda Hawker

Amendment No. l offered by Senator Daley.

PRESIDENT ROCK

Senator Daley.

SENATOR DALEY

Thank you, Mr. President and Members of the Senate. Amendment No. 1 becomes the bill and what it does, it adds a Section that established the same enforcement proeedures for administratkve adjudication of Butlding Code violatkons as currently exists under State 1aw for the admtnistrative adjudication of parking tickets. This Would be applicable in a municipality of more that a hundred thousand. IId be happy to answer any questions.

PRESIDENT ROCE

A11 right. Senator Daley's moved the adoption of Amendment No. 1 to Senate Bill 2052. Discussion? If not: a1l in favor: indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment'o adopted. Further amendments?

Linda Hawker

No furthez amendments. PRESIDENT ROCR) 3rd Reading. Bottom of Page SenaEor Topinka seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. On the Order of -- ks leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 2089, Madam Secretary. 2-0-8-9.

Linda Hawker

Amendment No. 1 offered by Senator Topinka. 90 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 PRESIDENT ROCK: Senator Topinka. , SENATOR 'OPINKA: Yes. Mr. President, this is a DCFS amendmenk, and it basically puts the State tnto compliance with federal 1aw on the guardian ad litem in child abuse eases. PRESIDENQ ROCR: Senator Topinka 's moved the adoption of Amendment No. l to Senate Bill 2089. Discussion? If not, al1 in favor, indicate by 1 sayinq Aye. A1l opposed. The Ayes have it. The amendment's l adopted. Are the furkher amendments? 1 SECRETARV HAWRER: I I No further amendments. I PRESIDENT ROCK : 1 I 3rd Reading. 2102. Senator Xustra. Well, We'1l get back to ! ) him . 2176. senator Brookins. A1l right. On the -- Page 12 on I the Calendar, right in the middle. On the Order of Senate Bills ! I 3rd Reading is Senate Bill 2176. Senator Brookins seeks leave of I 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 Readingp 2176, Madam Secretary. 1 I ! SECRETARY HAWKER: I / Amendment No. 3 offered by Senator Brookins. j PRESIDENT ROCK: Senator Brookins. SENATOR BROOKINS: Mr. President, first I need Eo Table Amendment No. 2. I seek leave to Table Amendment No. 2. PRESIDENT ROCK: Al1 right. Senator Brookins, having voted on the prevailing j side, is moving to reconsider the vote by which Amendment No. 2 to I Senate Bi11 2176 was adopted. A11 in favor of the Motion to I I 91 i STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9ûth Legislative Day May l6, 1990 ! I Reconsider, indicate by saying Aye. All opposed. The Ayes have ik. The vote is reconsidered. Senator Brookins now moves to Table Amendment No. 3 -- 2 -- Amendment No. 2 to Senate Bill 2176. Discussion? If not, all in favory indicate by saying Aye. Opposed. The Ayes have it. Amendment No. 2 is Tabled. Further 1 amendments, Madam Secretary.

Linda Hawker

Amendment No. 3 offered by Senator Brookins.

PRESIDENT ROCK

Senator Brookins.

SENATQR BROOKINS

Thank you, Mr. President. This amendment corrects the errors that was made in Amendment No. 2, which we just Tabled. And I'd...

PRESIDENT ROCK

Senator Brookins moves the adoption of Amendment No. 3 to Senate Bill 2176. Discussion? If not, all in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCR

3rd Readinq. 2102 is found on Pa:e 22. It was on the proposed Agreed List. Senator Kustra seeks leave to return Senate Bi1l 2102 to the Order of 2nd Reading Lor purposes of an amendment. Ia leave granted? Leave is granted. On the Order of Senate Bills 2nd Readin: is Senate Bill 2102, Madam Secretary.

SECRETARY HAWRER

Amendment No. l offered by Senators Welch and Kustra.

PRESIDENT ROCK

Senator Welch.

SENATOR WELCH

92 STATE OF ILLINOIS 86*h GENERAL ASSZMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 Thank youy Mr. President. This bill amends the Act dealing With the Pollution Control Board, the Environmental Protection Act. In committee there was an objection raised by myself concerning lanquage allowin: parties to supplement a record in determining appropriate civil penalties. It kas my feelin: thak this would bog down the process that we tried to speed up last year. The agency agreed to this amendment and this amendment skrikes the language that allowsp unnecessarily -- unnecessary additions to the record. I would move for the adoption of the amendment.

PRESIDENT ROCK

Senator Welch has moved the adoption of Amendment No . to Senate Bill 2102. Discussion? If not, all in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. All right. Ladies and Gentlemen, that concludes the Recall List, as was presented by the Secretary. We will now proceed to the Order of Senate Bills 3rd Reading. This'll be flnal action. Middle of Page 8, be Senators Lechowicz, Netsch, Jones, Karpiel, Sehuneman, Smith, Daley. Page 8 on khe Calendar. On the Order of Senate Bills 3rd Reading. Wedll begin at 1491, which was just on the Recall List. So the next order will be Eenakors Lechowicz, Netsche Jonese Karpiel, fchunemang fmlEh, Daley, Karpiel. We'l1 go right down the list. ..olmachine cutoffl... No. Those that were on the Recall List will not be called today. They Will -- they Will -- ...tmachine cutoffl... Senator Demuzio, for what purpose do you arise, sir?

SENATOR DEMUZIO

Just as a matter of inquiry. Will there be another call-back 93 C' ' ' - STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6# 1990 list this afternoon? I suspect not. But that means that there will be another one tomorrow. PRESIDENT ROCK: Well if -- if there's a requesE or a number of requests, we can certainly try to get to it today to accommodate Enrolling and Engrossinq. Yes. Today would be preferable. Tomorrow welre running -- perilously close to trying to :et out of here and -- SENATOR DEMUZIO : That -- that's precisely my point, that if wedre very good boys and girls we might be able to complete our business sometime in the -- in the immediate future. PRESIDENT ROCK: don't hear any dissent from that point of view. The sooner we can conclude our business, the better off we will al1 be. All right. On the Order of Senate Bills 3rd Reading, the middle of Page 8, is Senate Bill 1497. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) Senake Bill 1497. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LUFT) Senator Lechowicz. SENATOR LECHOWICZ: just received a note from the Governot's Office in reference to a -- this bill. I'd like to have some opportunity to read it and get back to it later today. PRESIDING OFFICER: (SENATOR LUFT) Take the bill out of the record, please. On the Order of 3rd Reading is Senake 9i1l 1501. Senator Netsch. Read the bill, please, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) Senate Bill 1501. 94 ' STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legkslative Day May 16, 1998 (Secretary reads title of bill) ! 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senator Netsch.

SENATOR NETSCH

Thank you, Mr. President. Senate Bill 1501 is the Family Responsibility and Medical Leave Act of Illinois. It is not unfamiliar to most of the Members in this Chamber. It is identical to *he bill which we passed last year With just the very modest exception of a Christian Science amendment, Which I put on the other day. In a11 other respects, it is identical. It provides that employers of fifty or more employees must provide up to eight weeks of unpaid leave for the -- an employee who has a neW child, whether adopted or birthed, and a seriously i1l child, a seriously ill dependent, parent or spouse, and it also has a medical leave component. There are a number of protections built into the bill, identical to those that were there last year. Let me just say, very quickly and very briefly - because we did have extensive discussion last year - this is an extremely important piece of leqislation. There is absolutely no question that this is going to become the policy in this country at some point. It is just a question of whether it is going to be this year or next or the year after. 1, for one, would like to see Illinois be a leader rather than a follower. We -- the American work force has chanqed. The structure of the American family has changed. What has noE changed are our work rulesz and we must do that, because women and -- and not just women, but men also who are part of families where there is no longer an adult at home, are going to be absolutely essential to the work force in the years to come. We must accommodate this. We must also accommodate the people who are currently put in the position of having to make an unconscionable choice between their family responsibility and 95 STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990 their economic seeurity, which is their job. That is not right, and we must learn how to adjust to it. It is an important piece I of legislakion. I urqe you ko give it your support. I

PRESIDING OFPICER (SENATOR LUPT)

PRESIDING OFPICER: (SENATOR LUPT) Discussion? Senator Fakell.

SENATOR PAWELL

Thank you very much. Will the sponsor yield for a question?

PRESIDING OFFICER (SENATOR LUPT)

PRESIDING OFFICER: (SENATOR LUPT) Sponsor indlcates she will yield. Senaeor Fawell.

SENATOR FAWELL

What provisions have you made for women that are working as temporary workers?

PRESIDING OFFICER (SENATOR LUPT)

PRESIDING OFFICER: (SENATOR LUPT) Senator Neksch.

SENATOR NETSCH

At the behest of some of the employers and employee groups who testified over a period of some time, we have a requirement that the employee, in order to be entitled to the leave -- the unpaid leave, must have worked for that employer for at least kwelve months and muse work at least twenty hours per Week. PRESIDINGOPFICER: (SENATORLUPT) 1 Senator Fawell. ) I SENATOR FAWELL: l 1 To the bill then. This is a very difficulk bill for some of us 1 ! I to -- to vote against. We are women. We have families. We know I 1 of these problems, but 1et me tell you khe experience that I heard of down in -- when I was down at a Small Business conference that 1 was put on by theFederalGovernment 1 . Ikalkedtosomeofour 1 colleagues from Washington and from a couple of the other states that have a similar law, and asked them What their experience Was I withthatlaw. Whattheytoldmewasthatthis law, tnstead of 1 I helping thekindsofpeoplethatthisbillattemptsEohelp,does j I 96 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6: 1990 exactly the opposite. For instancez their experience has been that the young Women, particularly those who are the single Women with children, are no longer hired by a lot of the industries for 1 ' the simple reason that ehey know they are probably khe ones that will have to take advantaoe of such a bill. Some of the employees are being asked about parents; are they responsible for them, do they have widowed mothers that they might have to take Off time for and take care of. Boktom line, what a lot of these industries were doing was, number one; if they Were close to that fifty mark, they were letting go some of their permanent employees and bringing in some of the temporary employees ko stay underneath that fifky mark that we have put in the bill. In fact, I was informed that if I really Wanked to clean up when such a bill was presented to us here in Illinois, my best bet would be eo invest in any temporary service. This bill is not going to help those We want to help. If we are going to do such a thing, it's got to be done at the federal level. If al1 states are equal. that's one thins, but for us to go ahead in thks State and pue our businesses I at this disadvanta:e and our youn: women and our older Women, Who I j are the ones that are basically affected by thks, at this 1 1 Jisadvantage is unconscionable. This is not a good idea at this 1 I time. I do not think the time has come. As a woman I know Ifm I I I 90in; eo be Criticized by Some Of Ry fellow Women for taking this 1 I I standz but I do it in qood conscience and I strongly urge my I I I colleagues to joln me. I I PRESIDING OFFICER: (SENATOR LUPT) j I I Further discussion? Further discussion? Senator Jacobs. I I I SENATOR JACOBS: I I Thank you, I Mr.President,Ladiesand Gentlemen ofthe Senate. 1 First of alle Senator Pawell, I think that it's fair ko say that this bill is not designed just for women, it's deslqned for just about everyone. I probably am qoin: to vote for thls bill, but I I I I 97 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6y 1990 - - I see a lot of problems with this bill also. I -- I see, number one that -- that we get into twenty hours. Wefre getking into part-time people and -- and that scares me a little bit and I think your argument makes some sense. I would hope, Senator Netsch, tbat if We get this bill out of the Senate: that We continue to Work on it and to gek the bill to where i* covers full-time employees.

PRESIDING OFPICER (SENATOR LUPT)

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

SENATOR GEO-KARIS

Mr. President and Ladies and Gentlemen of the Senate. I know the bill sounds qood, but it does have some ramifications as Senator Fawell said, and what employer, if they think theylre going to be hamstrung, is not golng to reduee their labor force by one. Any khen it takes in people with twenty hours of work, I think wedre doing a disservice -- absolute disservice to people as a Whole: because I don't think it's fair. I don't think that we should have a bill like this. An employer - i'm an employer myself back home. When my people need time off: they qet it from me. Depends on their service. And I think we're interferinq with union contracts - we lre interfering with an employer trying to keep his business qoinq and particularly -- this is of fifty employees. It's not a very big business: and I don't think that this is *he right way to do it# and I speak against the bill. PRESIDING OFFICER; (SENATOR LUPT) Further discusskon? Senator Karpiel. Could We have some attention: please.

SENATOR KARPIEL

Thank you, Mr. President. I have a question of ehe sponsor, please.

PRESIDING OEPICER (SENATOR LUFT)

PRESIDING OEPICER: (SENATOR LUFT) Sponsor indicates she'll yield. Senator Karpiel. 98 1 ! STATE OF ILLINQIS 86th GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990

SENATOR KARPIEL

Senator Netsch, I filed a fiscal impact note on khis. Unfortunately: when I filed it the bill had just -- had already gone to 3rd Reading. so of eourse I didn't get that. I just wonder if you could answer any questions. Do you have any knowledge of the fiscal impact of this? You know, my concern is khat this, of coursex covers government as Well as private business, and although it disturbs me from several potnts of ukew. when youlre talking, like say a school district down in rural Illinois somewhere when they have a physics teacher or some teacher they cannot easily replace that takes a -- an eiqht-week leave of absence - first of all, I mean, tbey have to khey have to replace that teacher. which think is going to not be easy for a lot of these school districts to do, but what I really need to know is what Was the fiscal impact on -- on on State government? Just talking about State governmene or -- or -- and school districtsz for instance, in this State?

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senator Netsch.

SENATOR NETSCH

Well, I can tell you that for the State of Illinois there is 1 no ffscal kmpact at all, because the State of Illinois has a family leave policy thak is considerably more generous khan what we are providing in this bill, and I am currently lookin: for my figures. In 1988, at the end of the year, there were -- it Was and I'm doing this from memory now, Senator Xarpiel - there was approximately sixty thousand eight hundred Staee employees and the number who had taken this much, much more qenerous leaves by the Way, that the State provides, I think, were four for adoption, something like ten or less for illness of a child, and two hundred and sixey for other family thinqs, which included maternity leave. 99 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990 END OF TAPE TAPE 3 SENATOR NSTSCH; That was out of a total population of sixty thousand. And the -- the point is that the cost to the State of this bill would be absolutely nothing, because we allow a great deal more than is permitted rfght now. T can give you one other figure that is of some relevance. The estimated cost of the bill that is pending at the federal level, and that has been already voted approvingly by the United States House of Representatives -- parenthetically With Henry Hyde and Lynn Martin votinq 1es -- would have an estimated cost for al1 of American business that would be covered by ite of now a hundred and eiqhty-eight million dollars. That is nationwide every employer subject to the bill. Tbat is the estimated cost that was used in Congress. So on -- the cost is not a11 that qreat. 0ne of the things - if I might add one footnote, because this is responsive ko your question - that you have to understand is that right now employers have employees who have a family responsibility at home, whether it is a new child or a serlously il1 child, or whatever. And right noW they have to make some accommodation, and so if they have to get somebody in to take the place, they've got to do it right now. So that the cost of replacing or retraining is not going to be any greater here than it would be if that employee just got fired or just simply went off because they had to take care of their family responslbillty ân any event. The polnt is that this simply accommodates in an orderly fashion a set of circumstances that are takinq plaee right now.

PRESIDING OPFICER (SENATOR LUFT)

PRESIDING OPFICER: (SENATOR LUFT) 100 ' I I 1 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRASSCRIPT 90th Leglslative Day May 16, 1990 Senator Karpiel.

SENATOR KARPIEL

Well, thank you. I -- I just want to point out that the GAO study that came up With the hundred-and-eighty-eight-million-dcllar figure that you are kalkinq about counted only the value of knsurance benefit to absent workers. It didn't consider the expense of disruptions in offices, factories, khe cost of replacing Workers temporarilyr the lost productivity when other employees have to take up the slack for missing colleagues, or the trouble When an employee takes a temporary leave and decides to make.it permanent. It also, I donft think, would take into account khe unemployment insurance that would have to be paid, when these workers - these temporary workers - then leave the eompany. To the billy Mr. President. I spoke aqainst this bill last year and I won't bore the Assembly with all my objeetions to the bill again thiG year. I think they dre a1l well knowny except to point out that even the Chicago Tribune has come -- come out agalnst the bill in an editorial. First of all, I don lk knok Why we always in the Legislatureg or in governmenty think that we know best what should be done for everybody in the State. I think that if the reasons for this bill are so compelling: business in this State knows -- and in this country -- knows that it's compelling, and these things will change and they will change because business will feel that it is better for business and better for their employees. I don't ehink we should be telling them what to do. As I said last yearz I don't think we need to tell the llttle plastics company up in Roselle' or all these little businesses around the State, or around this country, what kind of benefits they should include in their benefit package. There are some companies who might need other benefits or want other benefits through which khls particular bill would not be a help, but beeause it has to be l01 SNATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 90eh Leqislative Day May 16, 1990 provided, might take away a benefit thak might be more necessary or more desired by a certain company. I think it is the Wrong way to :o. Government should stay out of this kind of thing and think we should have a lot of No votes.

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Furkher discussion? Senator Holmberg.

SENATOR HOLMBERG

Thank youe Mr. President. Every other industrial country in the world, has family leave. The United States is still living in the dark ages. Here we have the wonderful system the other alternative. If you need to have a child, if you need to take care of an elderly person: you quit your job. Now is that good economic policy? We need to change that policy. The State did it for its employees with one-year leave. My own school district in Rockford gives two years' leave without pay. That's the eivilized approach. That's the way you save money so that you have people to care for the elderly. So that you have people who are still having children. Ben Wattenberg, in his book, 'The Birth Dearthy'' has said that the economic outcome of working parents in the mkddle and upper classy deciding not to have chàldren because they can't afford to take off from their jobsz Will mean an economic collapse because there Will be no future generations to buy the Coca-cola, to buy the Chevrolets, to build the houses. In other vords our economy is dependent on the next generation, and this is the bill to help it happen.

PRESIDING OFPICER (ZENATOR LUFT)

PRESIDING OFPICER: (ZENATOR LUFT) Further dlscussion? Senator Collins.

SENATOR COLLINS

Thank you, Mr. President and Members of the Senate. I rise in support of this bill. Not because I believe that in its current form that it does not need continuous work on -- and that there are no problems as relates to the private employers out ehere. l02 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Lesislative Day May l6, 1990 realize that this bill still has some problems. But I also realize thak this issue this is the issue that must be resolved. And I think I said it last year, but 1et me repeat it aqain. think it's extremely unfair to the employee whose Worked and put in a considerable about of their time in to -- to a job, and have to go out on that job for a leave - and let me just use the maternity leave - that had to be extended beeause the baby -- they found Ehat the baby had a heart condition and needed to go -- be hospitalized, and that the Mother had to spend some additional time off with this child. She had to lose that job. In addition to losing a Job, she lost the benefits that she needed in order through her health insurance in order to pay for the hospital billy for caring for a siek child. Now that's unfair: too. And -- and that's something that wedre going to have to deal with. And I think Senator Holmberg said it, that Wedre probably the only industrialized State in the nation and world that donlt really deal with that kind of problem in some kind of way. Somewhere we have to find a middle ground by which we can in fact be fair to the employers as well as to the employee. This is a beginning. I think opens the door for continuous dialogue on and those of you who have some concerns and some suggestions about how to make this bill fair for everybody, rather than fighting the bill, I think you ought to offer the suggestions. I think right noW is the best We have, and we should give it a fair chance: a vote, an Aye vote.

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? eurther discussion? Senakor Rock. SENATOR ROCK ) Thank you, Mr. President, Ladles and Gentlemen of the Senate. I rise in support of Senate Bill 1501, as I rose last year in support of the bill that was passed by both Houses of the General Assembly, and was unfortunately vetoed by the Governor. And al1 l03 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIP: 90th Leqislative Day May 16, 1990 the rhetoric aside and notwithskanding, I would urge all Members particularly those on this side - to please vote Aye, because what we are trying to do with Senate Bill 1501 - as the bill so aptly says - is establish the poliey of this State, and we have literally almost establkshed a policyy because this is applicable currently to the State government. And what is the pollcy? The policy is that we find that workinq men and women have family responsibilities in addition to responsibilities held in connection with their employment. And I think that's what Congressman Hyde so aptly pointed out, as I read the newspaper reports of that vote àn the Conqress. That he said, f'This is important. It's important to recognize those values with which we all agree: namely that family is very important, and we ought to recognize - and as a matter of policy establish that we recognize - that there are family responsibilities. And there is a need to guaranteey'' the bill goes on: ''that employees in *his State are able to assume those responsibilities without jeopardizing their employment.f' That's only basic fundamental fairness. And how do we do that? In our munificence, we say ''You, employee in recognition of the fact that you do have a family responsibility, you can take unpaid leave.'' Dnpaid. Unpaid leave. And how much can you take? Well, you ean take, under this provision, elght weeks in a two-year period. And when can you take i*? And what kind of responsibility are we talkin: about so that you, as an employee, can utilize unpaid leave? Because of the birth of a child? That, my friends, is basic, it seems to me. Because of the placement of a child with the employee for adoption or foster care? That seems to me agalne is just basic recognition that we are a caring society. And finally, We say ïn order to care for the employee's child, parent or spouse who has a serious health condition. If, indeed, you meet Ehat - that criteria, you, employee, are entitled Eo take eiqhk weeks off at your own 104 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 expense. But at least We can say, youêre not going to jeopardize your employment. We recognize that you do indeed have a responsibility to that ehild, or to that gpouse, or to that parent, and we Want to have you afford you ak least some minimum job protection. I don't think this is bad public policy at all. As a matter of fact, in my judgmentz it is long overdue, and I Would urge an Aye vote for Senate B1ll 1501.

PRESIDING OPFICER (SENATOR LUFT)

PRESIDING OPFICER: (SENATOR LUFT) Purther discussion? Further discussion? If not, Senator Netseh to close.

SENATOR NETSCH

Thank you, Mr. President. I will make only one additional point to the very eloguent statement that Senator Roek has made. The American work force has changed. The American family has chanved. We want Amerlcan work rules to change to accommodake that. The only argument that we have not been able to respond to very directly is this philosophical argument, government should not do this. What I am saying is that that is the very argument that was made before we passed child labor lawsy minimum Wage and maximum hour laws and many others. It is time for this Legislature and this country to acknowledge that We must have a family responsibility policy for workers in this country. Please vote Yes.

PRESIDING OFFICER (SENATOR LDFT)

PRESIDING OFFICER: (SENATOR LDFT) All right. The question is: shall Senate Bill 1501 pass. Those in favor will vote Aye. Opposed, voke Nay. The voting is open. Have al1 voted who wished? Have a11 voted Who Wish? Have all voted who wished? Take the record, please, Mr. Secretary. On that question, the Ayes are 31, the Nays are 27# none votin: Present. Senate Bill 1501, having reeeived the required constitutional majority: is declared passed. On the Order of 3rd Reading is Senate Bill 1510. Senator Jones. Read the bill, 105 I I STATE OP ILLINOIS ' I 86th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 90th Legislakive Day May l6, 1990 please, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) Senate Bill 1510. (Searetary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LUFT) Senator Jones. SENATOR JONES: Thank you, Mr. President and Members of the Senate. Senate Bill lS10 amends the Insurance Code and requires that the consumers be given a choice as it relates to coverage. And what the bills does is it gives the consumers a choice as to whether or not they wank to choose a psyehiatrist, a psychologist: or a clinical social worker. So what it does is includes clinical social workers in that choice. This is not a mandate for increased coveraqe. tt adds a qroup who are located in many places of the Skate whete psyehiatrists and psychologists arenlt. It will add providers Who charge less than the current other professionals charge. And it will add a group of qualified providers who treat patients in an economlcally outpatient basls, not in an expensive office. So fifteen -- Senate Bill 1510 is a good consumer bill. Last year the National Pederation of Independent Business opposed the bill. This year they support ik. They are withdrawing their oppositâon. Last year Medicare did not include clinical social workers. This year they are included in Medicare and they are in a1l okher federal and health insurance programs. So khe bill as amended has taken away much of the opposition because the clinical social workers must tell the -- the consumer that they must get -- consult their physician, as related to khe services -- with the clinical service social worker. Again, it is not a mandate; we passed this legislation last year and we ask for a favorable vote. l06 . 1 ! STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6e 1990

PRESIDING OFFICER (SENATOR LUFT)

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

SENATOR MACDONALD

Thank youz Mr. President. I rise in strong support of this bill. Contrary to the picture this often gets painted here in Springfleld when this bill is discussed, positive working relationships between clinical social workers and psychiatrists are almost always the rule. Nothing speaks to that fact more profoundly than the hundred Illinois psychiatrists who have joined together to openly support the social worker colleagues through their endorsement of Senate Bill 1510. I believe you each have received a copy of this list of psychiatrists and doctors who are in support of this bill. They're saying that the social work profession deserves the same treatment under the 1aw that they and the clinical psycholoqists currently enjoy. Why this resounding support? Because these doctors see the suecessful kreatment of family and narital problems of drug and alcohol addiction being delivered by clinical social workers boeh in agencies and private practice social workers who have met the licensinq regulations of the State of Illinois, including considerable postgraduate training and rigorous license examination. I certatnly urqe a11 of you to recognize this support of doctors who are out there working with soctal workers on a regular basis and jotn me in a yes vote for Senate Bill 1510.

PRESIDING OPFICER (SENATOR LUFT)

PRESIDING OPFICER: (SENATOR LUFT) Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. I rise in Eupport of Senate Bill 1510. Probably one of the areas that plague us the most in Springfield are khe rising medical costs. And yet: when there is an opportunlty to provide care at a less expensive and more effective basis. we tend to resist Senate Bill 1510, in fact, l07 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY ! REGULAR SESSION I SENATE TRANSCRIPT I I 90th Legislative Day May l6# 1990 is that answer. A qroup of very qualified people who are able to give very good service at a much lower cost, ouqht to be included in any health care program that we have.

PRESIDING OFPICER (SENATOR LUFT)

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

SENATOR SCHAFFER

Well, before the impression is given that this bill doesn't have opposition, I guess we ought to mention that it does. That in fact the Insurance Life Council is against it. The State Medical Sockety is aqalnst it. The psychiatric Associatlon against it. And the Association of Employers of Illinois are aqainst it. I am sure for a variety of reasons. For the last feW years we have started a neW ball rollinq down the hill by expansions in medical care costs. Now this ak the current stage doesn't mandate a costz but obviously the next step is to mandate it. And the cost implications down the road are extremely large. Now I am not sayin: that this -- that people that we are talking about don't deliver valuable services. It is also my understandin: that they can, working through a psychiatrist or othersw deliver these services - currently in fact, do - and be reimbursed. I'm just suggesting at time when we are wrestlin: with Senator Maitland 's bill on a way to hold down medical costs: thak this whole thing flies in the face of what we are attempting to do. Obviously, if we drive up costs in one area wefre going to have to eut back in another. And I think youfre going to find, as wepve found with people on fixed incomes, thak this medical cost is qoing be the real erisis in government and in our soeiety, in the next degade. And I think before we do anything that either directly raises costs or indirectly seks the skage for major increases of medical costs, I think we need to think about it. Frankly: as I look around the room, I don't think anybody's thlnking about it. Pardon me. I've identified one. Two. Two. I underskand these l08 j I I ! STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 are very nice people. We've al1 had phone calls. But we have to eventually pay the piper. We've looked at the group medical lines, just in our own Department of Public Aid, and what's happened to them in last few years. I would think that every Member of this General Assembly would be very reluctant to do anything that could drive up costs. I think this is a Wonderful, well-intended idea, like a 1ot of things we do here, but where 's the money going to come from?

PRESIDING OFFICER (SENATOR LUPT)

PRESIDING OFFICER: (SENATOR LUPT) Further discussion? Senator Barkhausen.

SENATOR BARKHAUSEN

Mr. President and Members, if I maye I1d like to expand just a little bit on whak Senator Schaffer just said. I think he made the point quite well that what -- what we're doing here does have a signifieant potential to increase the cost of commercial health insurance. The ar:ument is made on the other side - and Senator DeAngelis kind of made it that clinical social workers provide care that is potentially less expensive than that provided by psychiatrists or psychologists and -- and that is, 1 guess, normally true. Buk the question is is whether what We are providing for or mandating here is simply a substitution of coverage by one type of provider for another, or whether we are not - as indeed I think we are - significantly expandin: the total volume of mental health coveraqe by mandating the inclusion of these providers in policies that include, as most of ehem do , mental health coveraqe. So I think there is significant potential here for -- for dramatic increases in commerclal health insurance. I think if it were clear that whak we were doing, were qoing to overall to lower the cost of health insurance, then commercial health insurance companies would clearly already be providing for the inclusion of these people ln the provision of mental health benefits. A few of them apparently do do thaty but most of them l09 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 do not: and I think it is lnappropriate for us, concerned as we are - or should be - about ever-rising mental health costs and health insurance costse to -- to come at thls problem from a legislative angle to statutorily mandate what this bill would do. So for those reasons. I khlnk ke ought to wait for at least wait for more evidence to come in on the question of whekher or not this is indeed a cost-savings measure, as the proponents maintain.

PRESIDING OFPICER (SENATOR LUFT)

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

SENATOR HOLMBERG

Thank you, Mr. President. believe I'm the only mental health professional in this Senaee Body. And I'm very aware of the costs for treatment. You can go to a clinical social worker for half the cost of your local psychiatristz if there is one available. I khink there is a twofold issue here. One, we're reducing costs by about one half per hour of treatmenk. Secondly, wedre making treatment available in some communities where there is no psychiatrist present. Many communities in Illinois have access to soeial workers, few to psychtatrists. I think it's commendable, as Senator Macdonald has said: the number of psychiatrists that are baeking this bill. This is one Way to bring mental health coveraqe to many people in the Staee of Illinois. Mental health is just not only seqregated in the b:g cities. We have it elsewhere, and those people need help as well.

PRESIDING OPFICER (SENATOR LUFT)

PRESIDING OPFICER: (SENATOR LUFT) Diseussion? Senator Collins.

SENATOR COLLINS

Yes. Thank you, Mr. President and Members of the Senate. To those -- is my mike on?

PRSSIDING OPFTCER (SENATOR LUFT)

PRSSIDING OPFTCER: (SENATOR LUFT) ll0 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIOS SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 You 're mike's on. SENATOR COLLINS: Yes. Thank you. Senator Joyce Holmberq basically indicated my concern here. And let me - 1et me just tell you that if we're goin: to really have any impact at a1l on the dru: problems in this State that's facinq our communities and our young people, our seniors and the only way that we are going to be able to . address that problem is to make available -- readily available -- qualified counselors to deal With the mental and emotional problems that lead people to the state of having to -- I know, ean't hear myself... PRESIDING OFFICER: (SENATOR LUFT) Would We please give the Senator consideration and hold the noise level down, please? SENATOR COLLINS: No -- really -- I -- I see this issue here as a turf fight. And let me let me just tell you something. The problems that's facing us, as it relates to the -- the -- the amount of counseling that we need ko attaek the dru: problems in our community far outweigh any turf fight here. And this is what this is really a1l about. And I don 't think that anyone here could still sincerely believe that there is any question in reference to the cost of providkng this services with clinical social workers versus psychiatrists. I don't even think khat's the question -- in no one's mind here. The reallty of the situation is that we don't have available in our communlty thoGe qualified counselors. This is another whole resource pool that we could tap. if ke make available - which think is fair - third party reimbursements to these people through their insurance companies and of course, through the Department of Public Aid through Medicaid, which they are not right now qualified for. That's all this bill is -- is doing. And we got to forget about the turf fight. The problem STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 out there is too great and we can't -- we don't have a solution to it. This is just another resource avenue khich is the basic I ' problem e a shortage of resourees for addressing the drug problem in this State. I think we should gkve it a chance. PRESIDING OFFICER: (SENATOR LUFT) Further discussion? If not, Senator Jones, to close. SENATOR JONES: Yeah . Thank you: Mr. President. In a response to some of the remarks thakgs on my colleaguesf main opposition to this legislation, they should have spoke forward, because there were reduced costs. It costs much less to go to see a qualified clinical social Worker than it does to go see a high-paid psychiatrist. And you only have a few psychiatrists that are licensed to do business in the State of Illinois. Less than a thousand. But quite a few of them have signed up, indieatin: they support this legislation. So it is not a mandate. It's already licensed in many seates to give this coverage to consumers. And there is no evidence whatsoever that the cost is qoinq up. In many instances, the cost is going down. So you should be for the bill. Ilm very shocked that the medical society Eake opposieion to this bill, because many social problems are not medical problems. Where you got a very small eliee qroup who are not located and not licensed in the State but don't have offices in your districts. And particular downstatee a qualified clinical psychologist can perform those services and perform them equally as well. We voted this bill out last Session. I wank a favorable vote ehis tine for the people of the State of Illinois. PRESIDING OPFICER: (SENATOR LUFT) The queskion is, shall Senate Bill 1S10 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted kho wish? Have a11 voted who wish? One last time. Have all voted who Wish? Take the record, please, Mr. Secretary. On I 1 ll2 L STATE OF ILLINOIS 1 I I 86th GENERAL ASSEMBLY I REGULAR SESSION I SENATE TRANSCRIPT i l 90th Legislative Day May 16# 1990 that question, tbe Ayes are 29, the Nays are l9, 3 votinç Present. Senate Bill 1510: having failed to receive the required constitutional majority, is declared failed. Senator Jones moves that Senate Bill 1510 be placed on the Order of Consideration Postponed. A1l those in favory signify by saying Aye. And Senate Bill 1510 will be placed on the Order of Postponed Consideration. On the Order of 3rd Reading, at the bottom of Page 8, is Senate Bi11 1548. Senakor Xarpiel. Senator Karpiel. Top of Page 9 is Senate Bill 1593. Senator Smith. Senaeor Smith. Senate Bill 15 -- I'm sorry, Senate Bill 1614. Senator Daley. Senator Karpiel.

SENATOR KARPIEL

Senate -- Mr. Presidenk, I passed on Senate Bill 1548, whieh is my bill, buk then you didn't read Senake Bill 1558, Senator Schuneman's bill, which 1'11 be handling.

PRESIDING OFPICER (SENATOR LUFT)

PRESIDING OFPICER: (SENATOR LUFT) I apologize. At the top of Page 9, on Senate Bills 3rd Reading is Senate Bill 1558. Senator Karpiel will handle that bill for Senator Schuneman. Read khe billy pleaseg Mr. Secretary.

ACTING SECRETARY (MR. WAQRX)

ACTING SECRETARY: (MR. WAQRX) Senate Bi11 1558. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICERI (SENATOR LUFT) Senator Xarpiel.

SENATOR KARPIEL

Thank you, Mr. President. Senate Bill 1558 creates the Prophetstown Civte Authority and, as amended, the territory of the Authority runs congruent with the boundaries of ehe Prophetstown Park District. These boundaries were approved by a local referendum years ago and theylre the same as the Prophetstown Consolidaeed School District. The membership of the Authority board will be composed of five members of the Prophetskown Park ll3 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May l6, 1990 i District and the eminent domakn powers in this bill have been ! I deleted. Iask foryourAyevoteforCal. 1 :

PRESIDING OFFICER (SENATOR LUPT)

PRESIDING OFFICER: (SENATOR LUPT) Diseussion? Discussion? If not, the question is. shall Senate Bill 1558 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 al1 voted Who Wish? Take the record, please, Mr. Secretary. On that question, the Ayes are 52# the Nays are 1, l votinq Present. And Senate Bill 1558, having received the required constitutional majority, is deelared passed. On the Order of 3rd Readin: is 1593. Senaeor Smith. Out of the record. Senate Bill 1614. Senator Daley. Senate Bill 1641. Senator Karpiel. Senate Bill 1652. Senator Topinka. Senator Topinka. Read the bill: please, Mr. Secretary.

ACTING SECRETARV (MR. NANRX)

ACTING SECRETARV: (MR. NANRX) Senate Bill 1652. (Secretary reads title of bill) It's the 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senator Topinka.

SENATOR TOPINKA

Yes. Mr. President and Ladies and Gentlemen of the Senate. This was on the Aqreed Bill List and I kook ie off to put on an amendment. We did not put an amendmenk on it, other than the one we did on the Floor. So it is basically as it was on the Agreed I Bill List . The bàll eomes from working With the Illinois 1 Community College system , and it clarifies what is compensation to board members in terms of the ability to be able to get health care insurance. The amendment on it also put together a credit card policy. Again, these are both agreed-to and Worked-out amendments by the Illinois Community College Board. There is no opposition that I know of. I I 1l4 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990

PRESIDING OPPICER (SENATOR LUFT)

PRESIDING OPPICER: (SENATOR LUFT) Discussion? Discussion? If not, the question ls, shall Senate Bill 1652 pass. Tbose in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record, please, Mr. Secretary. On that question, the Ayes are 56# the Nays, none, none voting Present. And Senate Bill 1652, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is Senate Bill 1653. Senator Thomas Dunn. Read *he billy please, Mr. Secretary.

ACTING SECRETARY (MR. NANRY)

ACTING SECRETARY: (MR. NANRY) Senate Bill 1653. (Seeretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senator Dunn.

SENATOR T. DUNN

Thank you, Mr. President. This bill Will require the Department of Correctlons to arrive at a figure - *he cost to inearcerate an individual, and that digure will become part of the sentencing of an individual inmate Who is convicted. Discussion? Discussion? Senator Hawkinson.

SENATOR HAWKINSON

Will the sponsor yield for a question?

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) sponsor àndicates he will yield. Senator Xawkinson.

SENATOR HANKINSON

If the Department is not timely in -- in providing this information, is there any prohibition on the court proceedinq with sentencing?

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senator Dunn. Further discussion? Further discussion? ll5 I I q STATE OF ILLINOIS j 86th REGE UN LE AQ RAL SEA SSS IO EM NBLY SENATE TRANSCRIPT 90th Legislative Day May 16: 1990 ! Senator Xelly ! . I I SENATOR KELLY: Thank you, Mr. President and Members of the Senate. I don 't know. I'm sure the Senator's Well-intentioned, but I think if it's going to cost - and I've heard estimates up eo forty-five thousand dollars, when you look at the expenses of buildin: and construction and everything else for housing one prisoner. I think if they look at that, it'll probably have a tendency to reduce a 1ot of the sentenees, and I think it's a good idea that we identify what khe cost faetor is, Which is apparently What you want to do. But I don't think we want to preventz you know, imprisonment of people, particularly our recidivism in people who keep on committing the crlmes, so I'm not sure what your are trying to :et at, Senator. PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discusskon? If not, Senator Dunn, you may close. SENATOR T. DUNN : Thank you, Mr. President. Well, Senator Kellyz in answer to your question, I don'k believe this will have an effect on the court in sentencing an individual - for instance there are class X offenses which the judge is bound by laW to sentence individuals 1 to minimum sentences. The purpose of the 1aw is to inform the public of what the cost is for incarcerating an individual, and this bill is supported by the Department of Corrections, and I urqe a favorable Aye vote to allow the public to knoW exactly What the price is that We are paytns to incarcerake people. PRESIDING OFFICER: (SENATOR LUFT) The question is, shall Senate Bill 1653 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who Wish? Have all voted Who wished? Have all voted who wish? Take the record, please, Mr. Secretary. On that question, l16 I 1 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 the Ayes are 53, the Naysy none, l voting Present. Senate Bill i 1653, having received the required constitutional majority, is declared passed. Middle of Page 9 is Senate Bill 1709. On the Order of 3rd Reading, Senator Topinka. Read the bille please, Mr. Secretary. ACTING SECRETARY: (MR. HARRXI Senate Bill 1709. (Secretary reads title of bill) 3rd Reading of the bkll.

PRESIDING OPFICER (SENATOR LUFT)

PRESIDING OPFICER: (SENATOR LUFT) Senator Topinka.

SENATOR TOPINKA

Yes. Mr. President and Ladies and Gentlemen of the Senate. What this bkll did - it was an Illinois Hospital Association initkative and it suqgested that we use the Dedicated Nurses Fund: now in khe Department of Professional Requlationy to provide scholarships for nurses. So it would be nurses helping nurses. In our amendment and - Which has been signed off by -- by the Illinois Department of Public Healthy this Would agree that ten percent of khe money or any excess money lefe after the ordinary and contingent expenses are appropriated of the nurses fund, whichever is less, will go to the Department of Public Hea1th for nursing scholarships for four years. And they Will administer it and have a:reed eo that.

PRESIDING OFFICER (SENATQR LUFT)

PRESIDING OFFICER: (SENATQR LUFT) Discussion? Discussion? If not, the queGtion is# shall Senate Blll 1709 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wished? Have a11 voted Who wish? Take the record, please, Mr. Secretary. On that question, the Ayes are 57, the Nays are none, none voting Present. Senaee Bill 1709, having received the required conskitutional majority, is declared passed. ll? STATE OP ILLINOIS 86th CENERAL ASSEKBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990 On the Order of 3rd Reading is Senate Bill 1732. Senator Welch. Senator Welch. On the Order of 3rd Reading is Senate Bill 1736. Senator Holmberg. Read the bill, please: Mr. Secretary. ACTING SECRETARV; (MR. HARRY) senate Bill 1736. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senator Holmberg.

SENATOR HOLMBERG

Thank you: Mr. President. This bill amends the Medical Practice Act to grant immunity from liability to physicians who serve as a volunteer physician in an established free medical cllnic. Very similar to the bill that passed last year, Senator Maltland's, but more tightly drawn, we feel will meek With better suceess in the House. Under current law, physicians who, in qood faikh, provide medical treatment, diagnoses or advice as part of the serviees of an established free medical clinic and who receive no compensation from that source or any other activity connected in any way wlkh medicine, are not liable for civil damages. Current law, however, is ineffective in encouraging retired doctors to volunteer their serviees at free medical clinics, because the doctor would have to give up his tail insurance and purehase malprackice insurance. So therefore, we have inserted these similar provisions that physicians who provide certain medical services at free medical clinics to medieally indigent clients are not liable for civkl damages.

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Thomas Dunn.

SENATOR T. DUNN

Question for the sponsor, Mr. President?

PRESIDING OPFICER (SENATOR LUFT)

PRESIDING OPFICER: (SENATOR LUFT) 1l8 STATE OF TLLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 Sponsor indicates she will yield. Senator Dunn. SENATORT.DUNN: 1 Who bas requested this, Senator?

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senator Rolmberg. SENATOR HOLMBERG: z This is a bill that I wrote that is similar to a law in Florida that I observed when I was there this year, where they have done this in order to -- actually bond family physicians with patients who are eoming in to the free medical clinics. And it is workinq so well that I wanted to try it here in Illinois.

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senator Dunn. .

SENATOR T. DUNN

Senator, I am wondering if you are amenable to an amendment in the House that would provide khe same hold harmless for attorneys who do pro bono work?

PRESIDING OFFICER (SENATOR LDFT)

PRESIDING OFFICER: (SENATOR LDFT) Senator Holmberg.

SENATOR HOLMBERG

I1m always amenable to something that mlght be of interest to people in the House. I -- I donlt know if I have a House sponsor who 's amenable to that.

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senaeor Dunn.

SENATOR T . DUNN

Well: Senatory it's your bill, and my queseion to you is# aqaine if youdre willing to extend to attorneys who do free work for the poor the same right as youfre extending eo doctors. That's my question. j I PRESIDING OFFICER: (SENATOR LUFT) I I Senator Holmberg. ! ! I 119 SIATE OF ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990

SENATOR HOLMBERG

In this case: we are only talking about three or four medical clinics around the State that qualify for this. It basically becomes a pilot operation to see how this would work. Florida is tryin: this in two or three places Where it qualifies, and we would like to do the same.

PRESIDING OFPICER (SENATOR LUFT)

PRESIDING OFPICER: (SENATOR LUFT) Senator Geo-Karis.

SENATOR GEO-RARIS

Mr. President, Ladies and Gentlemen of the Senate, f speak in favor of the bill. I'm not soing to worry about the lawyers. am a lawyer myself. I think this is a very critical thin: because there is a shortage of doctorsz and if we can 9et them to work for nothing -- just pay their insuranee -- Whatever we have to do, I think we should do it. I speak in favor of the bill.

PRESIDING OFPICER (SENATOR LUFT)

PRESIDING OFPICER: (SENATOR LUFT) Purther discussion? If not, Senator Holmbergz you wish to close?

SENATOR HOLMBERG

I ask for a favorable roll call.

PRESIDING OFFICER (SENATOR LDPT)

PRESIDING OFFICER: (SENATOR LDPT) Al1 riqht. The question isy shall Senate Bill 1736 pass. Those in favor w1ll vote Aye. Opposedz vote Nay. The voting is open. Have a11 voted who wish? Have all voted who Wish? Have all voted who wish? Take the recorde pleases Mr. Secretary. On that questlony the Ayes are 55, the Nays are none, none voting Present. Senate Bil1 1736, having received the required constitutional majorityz is declared passed. On the Order of 3rd Reading, Senate Bill 1741. Senator Jones. Read the bill: please, Mr. Secretary.

ACTING SECRETARY (MR. HARRY)

ACTING SECRETARY: (MR. HARRY) Senate Bill 1741. 120 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6r 1990 (Seeretary reads title of bill) I ' 3rd Reading of the bill. I I

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senator Jones.

SENATOR JONES

Yes. Thank you, Mr. President and Members of the Senate. Senate B&ll 1741 requires khat insurance companies doin: business in the State of Illinois -- that they must disclose upon request the names and addresses of the authorized producers nearest to the residenee of a person making thak request. Alsoy it require automobile insurers to provide potential applicants with a oral telephone eskimate of the -- of the premiums that they are charging for a particular coverage. It creates the -- it creates the Motor Vehicle Theft Prevention Council. And this is recommended by the State's Attorney of Cook County, based after the Michigan law. And kt will set up a one-dollar fee that Would set up this prevention fund and this prevention fund is to deal with the theft of automobiles in the State of Illinois, and -- and -- in Michigan the -- the 1aw works good. The theft of aueomobiles has been reduced drastically. Also it requires that producers as well as the insurers must provide oral estimates to individuals who make the telephone solicitaeion for insurance i business, and also that no insurance company can -- can require a 1 I 1 customer ko pay a surcharge just because that cuskomer had a I insurance policy With another company that was licensed to do business in the State of Illinois. This bill came out as a result of hearings that we had in the Skate of Illinois. The industry I was involved with this and the Department of Insurance. And I I I know of no real opposikion; I ask for a favorable vote. I j I PRESIDING OFPICER: (SENATOR LUPT) I 1 I Discussion? Discussion? SenatorDudycz. 1 ssxAœoa Dupvcz: l I l2l I I I ! STATE OF ILLINOIS 86th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT ' I I 90th Legislative Day May 16, 1990 Yes. Thank you: Mr. President. Just for the record, I'd like ko ask Senator Jones to respond to a question.

PRESIDINC OFFICER (SENATOR LUFT)

PRESIDINC OFFICER: (SENATOR LUFT) Senator indicates he will yield. Senator Dudycz.

SENATOR DUDYCZ

Senator Jones: I -- I've heard terms like fee, contribution, surcharge and tax. I'd just like for you to explain for the record the fee thak -- that will be given according to the Criminal Justice Information Authority, the one dollar is not a contribution. Could you, jusk for the reeord, explain What it is?

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senator Jones.

SENATOR JONES

Well, what it does if each vehicle insurers that contributes to the Motor Vehicle Theft Prevention Pund, one dollar multiplied by the insurerfs total earnings earned car years of a motor vehicle insurance policy within the -- provided physical damage coverage. So therefore, it is not a feeg just a one dollar for each automobile that's insured by the insurance company.

PREEIDING OFFICER (SEXATOR LUFT)

PREEIDING OFFICER: (SEXATOR LUFT) Senator Dudycz.

SENATOR DUDYCZ

I'm sorry, Senator Jones. Did you say it is a fee or it isn't a fee?

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Senator Jones.

SENATOR JONES

It -- it's an insurance company fee. Not to the insurance consume r.

PRESIDING OFFICER (SENATOR LUPT)

PRESIDING OFFICER: (SENATOR LUPT) Further discussion? Senator Barkhausen.

SENATOR BARKHAUSEN

l22 STATE OF ILLINOIS 86th GENERAL ASSEMBLX 1 REGULAR SESSION I I SENATE TRANSCRIPT ! I l 90th Legislative Day May l6, 1990 Question to the sponsor.

PRESIDING OFFICER (SENATOR LUFT)

PRESIDING OFFICER: (SENATOR LUFT) Sponsor indicates he will yield. Senator Barkhausen. SENATOR BARKHAUSEN; Senator Jones, I think there are a number of good consumer prokeckion proviskons in the bill, but 1 wanted to ask you about the provision that you and I diseussed just a moment a9or for the record, dealin: with khe prohibition against companies imposing a surcharqe where an applicant Eor insurance has not had any loss experience Within the prior three years, and -- and can establish that to -- for a -- to the company for Which he or she is seeking a neW policy of insurance. My question has to do with the last sentence of that amendment that you added here last Week that says that 'Iln the event the applicant demonstrates three years experience with no loss, he or she shall receive thef' - and here emphasize - ''the most favorable rate offered by *he company.'' The concern on the part of the industry, I think, is that in some cases maybe mosk - the most favorable rate is actually a rate that takes into account the fact that the insured places a11 of their insurance - mainly meaning thelr homeowners as well as kheir auto - with that company, and thereby qualifies for an extra discoune. Could we do something with this bill maybe over in the Housep make it clear that while We don't Want an insured to be penalized where one has been with -- With another insurer other than the one for which he or she is applying for insurance: We -- we don't neeessarlly mean that they should qualify for a rate that applies only when one qets thls extra dlscount.

PRESIDING OFPICER (SENATOR LUFT)

PRESIDING OFPICER: (SENATOR LUFT) Purther discussion? Further discussion? Senator Jones: you may close.

SENATOR JONES

Yes. In response to this: Senator Barkhausenr you and I 123 ! I I I STATE QF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 discussed that particular issue. That is not the intent of that particular sentence as says ''most favorable:'' and àf neeessary we can chanqe that, to clear up the real intent of that particular sentence.

PRESIDING OPEICER (SENATOR LUPT)

PRESIDING OPEICER: (SENATOR LUPT) Senator Jones. Senator Barkhausen, did I cut you off? I didn't mean to. A1l right.

SENATOR JONES

So -- so if necessary, we'll take care of that when the bill gets over in the House. But again, this is a consumer protection bill. We worked on this With the industry with the Department of Insurance to clear up many problems as well as the Auto Theft Prevention Fund. It's a very good piece of legislation, and I ask for a favorable vote.

PRESIDING OPPICER (SENATOR LUFT)

PRESIDING OPPICER: (SENATOR LUFT) A1l righk. The question is: shall Senate Bill 1741 pass. Those favor Will vote Aye. Opposedy vote Nay. The voting is open. Have all voted *ho wlsh? Have al1 voted who wished? Have all voted who wish? Take the recordw pleasey Mr. Secretary. On that question: the Ayes are 56, the Nays are none: none voting Present. Senate Bill 1741, having recetved the required conskitutional majority, is declared passed. On the Order -- of 3rd Reading is Senate Bill 1760. Senator Dudyez. Read the bill, pleasez Mr. Secretary.

ACTING SECRETARY (MR. HARRX)

ACTING SECRETARY: (MR. HARRX) Senate Bi11 1760. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER (SENATOR LUFT)

PRESIDING OFPICER: (SENATOR LUFT) Senator Dudycz.

SENATOR DUDYCZ

Thank you, Mr. President: Ladies and Gentlemen of the Senate. 124 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 Senate Bill 1760 will allow nominating petitions to be filed in the State Board of Elections Offices in Springfield, as well as in Chicago. The State Board had a question of simultaneous filingy if someone Was filing for an office in Springfield and someone else was filing for the same office in Chicago at the same time -- they had a question about that. But their concern was satisfied with Floor Amendment No. 1. I think it's a good idea. I know of no opposition, and I seek your affirmative support.

PRESIDING OPFICKR (SENATOR LDPT)

PRESIDING OPFICKR: (SENATOR LDPT) Discussion? Discussion? If not, the question is# shall Senate Bill 1760 pass. Those in favor will vote Aye. Opposed: vote Nay. The voting is open. Have a11 voted who wished? Have all voted who wish? Have all voted Who wish? Take the record: please, Mr. Secretary. Qn that question, the Ayes are 56, the Nays are none, none voting Present, and Senate Bill 1760, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, at the bottom of Page 9, is Senate Bill 1761. Senator Joyce. J.J. Out of the record. Senate Bill 1766 on 3rd Readins. Senator Kustra. Read the bill, please, Mr. Secretary.

ACTING SECRETARY (MR. HARRV)

ACTING SECRETARY: (MR. HARRV) Senate Bill 1766. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER; (SENATOR LUFT) Senator Kustra.

SENATOR KUSTRA

Thank you, Mr. President and Members of the Senate. This allows tWo of the teacher institute days, which are now authorized under lawg to be used for parental institute days. There was an amendment offered on 2nd Reading which clarifies that the districts have the option of requiring district staff to attend l25 ' STATE 0P ILLINOIS 8 86th GENERAL ASSEMBLY I RscuLAa sEssloN I SENATE TRANSCRIPT 90kh Legislative Day May l6s 1990 and participate in parental institute days, and it also requires the district's inservice advisory committee to approve using institute days for parental institute purposes. I would ask for a favorable roll call. PRESIDING OFPJCER: (SENATOR LUPT) Discussion? Discussion? If not, the question is# shall Senate Bill 1766 pass. Those in favor will vote Aye. Opposed: vote Nay. The voting is open. Have al1 voted who wished? Have a1l voted who wish? Have a1l voted who wish? Take the record: please, Mr. Secretary. On that question, *he Ayes are 55, the Nays are none, none voting Presentz and Senate Bill 1766, having received the required constitutional majorityz is declared passed. Top of Page l0. 'op of Pase 10 on your Calendar. Senate Bill 1768 was on recall. We will move to Senate Bill 1862. On the Order of 3rd Reading. Senator Topinka. Out of the record. Senate Bill 1864 was recalled. Senate Bill 1867. Senator Mahar. Read the bill, pleasey Mr. Secretary. ACTING SECRETARX: (MR. HARRX) Senate Bill 1867. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPPICER: (SENATOR LUPT) Senator Mahar. SENATOR MAHAR: Thank you, Mr. President and Members. This bill was drafted to correck a problem kn my district. There is a section of the Villaqe of Alsip that is being taxed tWice for fire protection service. This bill would allow those taxpayers Eo disconnect by frontdoor referendum from one of the units of local qovernment Which provides this service. And I'd be happy to answer any questions. PRESIDENT ROCK: l26 I STATE OF ILLINOIS I 86th GENERAL ASSEMBL: REGDLAR SESSION SENATE TRANSCRIPT ; l 90th Legislative Day May 16# 1990 Discussion? Is there any diseussion? If not, the question is, shall Senate Bill 1867 pass. Those in favor Will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have a11 voked who wish? Have a11 voted Who wish? Take khe record. On that question, there are 52 Ayesy no Nays, none votin: Present. Senate Bill 1867, having received the required constitutional majority, is declared passed. 1877 was on the recall. 1881. Senator Smith. 190S. Senator Macdonald. 1916. Senator Rea. Read the bill, Mr. Secretary: please. ACTING SECRETARY: (MR. HARRY) Senate Bill 1916. (Seeretary reads title of bill) 3rd Reading of the bill. PRESIDING OPPICER: (SENATOR LUET) Senator Rea. SENATOR REA: Thank you, Mr. President. Senate Bill 1916, as the bill now stands as amended, applies only to the State correetional centers and is strongly supported by the Department of Corrections, Illinois AFL-CIO, the John Howard Association and APSCME. The central issue of this bill is to prohibit prison privatization a: the State level, and there are a number of reasons why we should suppork this. Despite some of the proponents' claims, private prisons have not proven to be eheaper to operate. Twenty-five to thirty-year contracts don't promote competition, and it's the taxpayers of the State who get the extra tab. Unlike Texas or NeW Mexico - they have kried tbis - Illinois doesn't have prlsons full of illegal aliens, and Illinois prisons do have dangerous, violent offenders in them and need the accountability and security that only public management can provide. No matter how much We like to escape liability issues with respect to inmates, it simply remains a fack that a state is ultimately reliable if inmates' rights are I 127 ' 1 I ! STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION E SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 violated. And it's not the -- it's not wise to turn over operattons when the liability risks remain with the State. Nowhere else in the State çovernment is such a practice toleraked. Por these reasons, private prisons, in my opinion is not a good khinq. I hope we have not gone so far with privatization that we, as a society, are ready to others reap a profit from opposing punishmentson otbers. To me this is bad. We need public accountability in prisons in the same way we need public accountability in our police departments. No one thinks that it would be good to hire minimum wage private police from XYZ seeurity agency to patrol our streets. It doesn't make sense to staff our State correctional centers that Way either. For the safety of our comaunlties and the best management of correctional centers that we can possibly provide, I would ask for your Aye vote on Senate Bil1 1916. ' PRESIDENT ROCR: Discussion? Senator Fawell. SENATOR FAWELL: Thank you very much. Will the Bponsor yield for a question? PRESIDENT ROCK; Sponsor indicates he Will yielde senator Pawell. SENATOR PAWELL: When we were talking the other day about this bill, I brought up khe question of -- of private facilities as far as juveniles are concerned. We in -- in my county, for instance, do put some of our juventles in -- in -- ln non-for-profit organizations. Now that's in effect -- they have been sentenced khere by the -- by the courts, and I want to know if you are talking about that kind of problem? PREZIDENT ROCK: Senator Rea. SENATOR REA: l28 I ) 1 I I STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6# 1990 Thank you. Actually this - with the amendment that Went on this only applies to State facilities now. And also took out the home rule and local government.

PRESIDENT ROCK

Further discussion? Senator Geo-Karis.

SENATOR GEO-KARIS

Would the sponsor yield for a question?

PRESIDENT ROCK

Indicates he will yield, Senator Geo-Karis.

SENATOR GEO-KARIS

Are you saying then: the way the bill reads with the amendments on, that it only relates to the State: that the State cannot eontract with private -- with the private concern. Is that right?

PRESIDENT ROCK

Senator Rea.

SENATOR REA

ïes.

PRESIDENT ROCK

Senator Geo-Karis.

SENATOR GEO-RARIS

Well, Mr. President and Ladies and Gentlemen of the Senate, don't know why we have to go ahead and have legislation of this nature to prevent any contracting by the State With a private concern. Who knows? It might be very beneficial. We havenlt tried it in Illinoise and there has been eonsiderable success in other states that have tried private contracts With -- coneraets with the private concerns for correctional worky and I -- I I don't think we should preempt the time when we mighk need to do ik. And this bill would definitely stop the State from making any effort to :et any private contracts. I feel it's untimely, and I speak against the bill. 129 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990

PRESIDENT ROCK

Further discussion? Senator Keats.

SENATOR XEATS

Thank you, Mr. President, Ladies and Gentlemen of the Senate. do want to correct one Lhing, and know that in talkin: to Senakor -- has talked to some people at Corrections. But the Department of Corrections is not supporting this bill. I just talked to them . Department of Correetions is noe in support of the bill. But they are not intending to do this. It's not like this is some biq project where they're out here trying to privatize prison guards. They're not trying to do 1t. So what we have done, we have found a solution to a problem we don't have. But it is a problem we could have, if we are not careful. Because private vendors in Corrections, this bill would go far enough. Let me give you an example. Welre talking boo: camps for young drug offenders. I think ninety percent of us agree that's a great idea. Many of the people who will be working in those camps Will be private individuals. They're not going to want to-work for the State full time in the drug area. We wll1 be seeking outside people to work in these boot camps who will be excluded under this law. So if you want boot camps, you really have to ask yourself whether or not you want this type of legislation that would destroy the ability to bring in outside counselorsz Who in some sense are technically guards at these boot camps. The Departmene still has control over who they hire. And wew as a Legislature, control the Department. If we think their staffing is bad, we are the ones who are going to be responsible. But since 'the Department isn't even trying to hire these guards, it's nok like it's a big problem . We do contract for outside experts, outside lawyers, outside doctors, et cetera. We should, at Correctlons, be allowed to hire outside experts to help in book camps, et cetera, and I think it's important to protect those alternatives l30 I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Le:islative Day May l6, 1990 for young people who frankly -- this Would be a good way to help them. I would hope you would vote No. ! PRESIDENT ROCK: i I F 1 urther disgussion? Senator Schaffer. 1 SENATOR SCHAPPER: I Mr. President and Members of the Senate: I think a1l of us have seen the statistics that indicate thak the next few years here in Illinois are going to see regrettably that the Correetions Department is goin: to be the growth industry. And I've heard quite a bit of talk on *he Floor of this Senate about looking for new and innovative ways ko handle the prison population. I would suqgest ko you that this bill will close the door on any number of them. The way it's drafted - and I think we al1 underseand the reasons -- reasons for the bill being introduced and -- and what the idea behind it is - but I think we may be tying our hands behind our back as we search for ways to protect the society in an appropriate manner and to provide settings for those people Who cannot obey society's rules. We need to be looking for many new approaches, and I'm afraid this bill will leave us with one approach. Duild more prisons. More prisons. More prisons. I think we need to look beyond that. PRESIDENT ROCK: Further discussion? Senator Brookins. SENATOR BROOKINS: Thank you, Mr. President. I rise in support of this bill, and I do it because I know who populates the prison system here in the State of Illinois. And I also know thak this is a capikalistie society. Andifweputanincentiveforprivateinduserytogrow, j thenthereforewewillbe encouraging them, and they will be 1 I sending out salespeople and advertisinq for more prisons to 1 I populaee their prisons to make the private industry a profitable 1 l way. And I don It think thak we should do this. I know that there 1 I I l31 STATE OF ILLINOIS 86*h GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 have to be other ways, and we need to explore them other Ways. We need to explore them in a sane and sensible way. So therefore I rise in support of this bill, and think it i's a good bill, and a good thing to do at this time.

PRESIDENT ROCK

Further discussion? Senator Dudycz, for what purpose do you arise, sir?

SENATOR DUDYCZ

Point of personal privilege, Mr. Secretary.

PRESIDENT ROCK

State your point.

SENATOR DUDYCZ

Thank you, Mr. President' Ladies and Gentlemen of the Senate. In the President's Gallery on the democratic sidey we have some special guests from Chicaqo. We have members of the Save Our Neighborhood/save Our City Coalition. I'd like for us to welcome them .

PRESIDENT ROCK

Will our guests please rise and be reeognized. Welcome to Sprinqfield. Further discussion on Senate Bi11 19167 Senakor Etheredge.

SENATOR ETHEREDCE

On a point of personal privilege, Mr. President.

PRESIDENT ROCK

State your point, sir.

SENATOR ETHEREDGE

Mr. President, Ladies and Gentlemen of the Senate. We have two qroups of vlsiting students and parents from Aurora, Illinois - one group from Annunciation School and the other from Sk. Peter's - and I would làke for them to rise and be recognized.

PRESIDENT ROCK

Will our guests please stand and be recognized? Welcome to 132 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May l6, 1990 Springfield. Further discussion on Senate Bill 1916? Senator Rea may close. SENATOR REAI Thank you, Mr. President. Juse to clarify a fact or two here at the end, is that this does not close the door for privatization, because what it does it does leave the door open for legislation later on if we see that there is a need to go that direction. But one thing that assures by doing that. assures that the General Assembly is a partnership in this decision-making. And I think that this is very critical, and that we should be a part of this. Secondly: as it relates to the cost, we have had instances like in Kentucky, where thete has been a facility that the cost far exceeded what Was projected. Over two hundred thousand dollars more than what was projected for the first year of operational costs. As far as the Department -- the Department to besin with, was somewhat neutralp but it is Ry understanding that since then, they have supported it and have told various supportive groups that they would support this. As far as eliminating outside and supportive contracts, this kould not do that. It would not eliminate like the contractinq for medical services, for educational services, and for okher types of services that our presently goin: on within our correctional syskem. I think thak this is something that we need. Itls very importantr and I would ask for an Aye vote.

PRESIDENT ROCK

Questlon isF shall GenaEe Bill 1916 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who Wish? Have al1 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On khat question, there are 37 Ayesy 20 Nays, none voting Present. Senate Bill 1916, having received the required constitu*ional majority, is declared passed. 1957 and 58 were on the recall. 2014 was on l33 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 the recall. Top of Page 1l. 2020. Senator Marovitz. 2052. Senate -- was on the -- 37 and 52 were on the recall. 2062. Senator Demuzio. Read the bill, Madam Secretary, please. 2-0-6-2. Top of Page ll.

Linda Hawker

Senate Bill 2062. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDENT ROCK

Senator Demuzio.

SENATOR DEMUZIO

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a bill that would increase the State's bond authorization by a hundred million dollars for the school district eonstruction bond fund. Obviously there is no money around for the General Revenue to provide for the revenue stream at the moment. But 1111 talk wikh Senator Schaffer who 's the co-sponsor -- would like to move the process along -- send it over to the House, and maybe something with happen by the end of Ehe Session; and if it doesn't, Why wepll be back discussing this next year. So I would ask for your favorable support.

PRESIDENT ROCK

Discussion? Any discussion? If not, the question is: shall Senake Bill 2062 pass. Those in favor, vote Aye. Opposed, vote Nay. The votinq's open. Have al1 voted Who Wish? Have a1l voted who wish? Have al1 voEed who wish? Have a1l voked who Wish? Take the record. On that question, there are 53 Ayes: 3 Nays, 1 voting Present. Senate Bill 2062, having received the required constitutional majority, is declared passed.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) On the Order of 3rd Reading is Senate Bill 2075. Senator Mahar. Read the bill, Madam Secretary. 134 STATE OF ILLINOIS . I 86th GENERAL ASSEMBLX I REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 SECRETARY HAWKER: Senate Bill 2075. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar. ' SENATOR MAHAQ: ' Thank you, Mr. President and Members. This bill moves provisions concerning the Self-sufficiency Trust Fund and the Fund for the Developmentally Disabled, into the powers and duties section of the Code. I know of no objections. I would ask for a favorable roll call. PRESIDING OPFICER: (SENATOR COLLINS) Any discussion? If not, the question is, shall Senate Bill 2075 pass. Those in favor will voee Aye. Opposed, Nay. The voting ks open. Have a11 voted who wish? Have al1 voted who wish? Have all voted Who wish? Take the record, Madam Secretary. On khat question, there are 52 Ayes, no Nays, none voting Present. And havinq received the constitutional majority: Senate Bill 2075 is declared passed. Senate Bill 2076. Senator Mahar. Read the bill, Madam Secretary. SECRETARV HAWKER: Senate Bill 2076. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar. SENATOR MAHAK: Well, Mr. President, Senate Bill 2076 permits disclosure of records and communications in order to protect an individual who has been threatened by a patient where a therapist-patient relationship exists. I'd be happy to answer any questions. If i l35 STATE OP ILLINOIS 86th GZNERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislatkve Day May l6: 1990 not, I'd move for a favorable roll eall.

PRESIDING QPPICER (SENATOR COLLINS)

PRESIDING QPPICER: (SENATOR COLLINS) Any discussion? If not, the queskion is, shall Senate Bill 2076 pass. Those in favor will voee Aye. Opposed: Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a1l voted who wish? Take the reeord, Madam Secretary. On that question, there are 54 Ayes, no Nays: none voting Present, and havin: received the constitutional majorkty, Senate Bkll 2076 is declared passed. Senate Bill 2086. Senakor Topinka. Senate Bill 2087. Senator Mahar. Read the bill, Madam Secretary. SECRETARV HAWKER) Senate Bill 2087. (Secretary reads title of bill) 3rd Readin: of the bill. PRESIDING OFPICERI (SENATOR COLLINS) Senator Mahar. SENATOR MhMAK: Thank you, Mr. President. As introduced, this bill would require each state-aupported institution of higher education to develop a waste reduction plan by January the 1st of 1995: realizing a forty percent reduction in *he waste stream by the year 2000. When we were ln committee a long time democratic staffer on the appropriations committeez Garrett Deakin, who now works for Southern Illinois, shared his concern tbat it was interestin: that we were qoing to mandate this upon higher ed, and yet the State of Illinois -- the General Assembly, is not taklng the same aetion with the Skate -- the qovernment of the State of Illinois: so therefore we offere; Flooz Amendment No. and what khat would do would require that CMS and ENR inplement recycling prograns for all executive agencles to include the constitueional officers and even us in the Illinois General Assembly. This program will be designed to achieve a twenty-five pereent waste l36 STATE oF ILLINoIs 86th GENZRAL ASSEMBLY i I REGULAR sssslox I ' SENATE TRANSCRIPT 90th Leqislative Day May 16. 1990 reduction by December 31st of '9b, forty percent by December 31st of '97, fifty percent by December 31st of the year 2000. I'd be happy to answer any questions. PRESIDING OPEICERI (SENATOR COLLINS) The question is, shall Senate Bill 2087 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted Who Wish? Have all voted Who Wish? Take the record, Madam Secretary. On that question, there are 56 Ayes, no -- no Nays, none voting Present. Havin: received the constitutional majority, Senate Bill 2087 is deelared passed. Senate Bill 2088. Senator Watson. Read the bill, Madam Secretary. SECRETARY HAWKER: Senate Bill 2088. (Secretary reads title of bill) 3rd Readinq of the bill. PRESIDING OPFICER: (SENATOR COLLINS) Senator Watson. SENATOR WATSON: Yes. Thank you, Madam President. This piece of legislation was introduced on behalf of the Illinois Comnerce Commission to clear up some eechnical language that was passed last year. The - - we divided the legal counsel's office into a transportation section and a public utility section. With that we created a situation in which the legal fees Were being paid just by one section. What Ehis does is clears that problem up. And it also -- an amendment was added ko allow tWo of the three members of the employee boards to come from the same division within Ehe commission. This current law reguires that each member gome from a different division. This says that they can come from the same. I know of no opposition. I'd be glad to answer any questions. I I PRESIDING OEFICER: (SENATOR COLLINS) I j I I 137 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6# 1990 The question is: shall Senate Bill 2088 pass. Those in favor will vote Aye. Opposedy Nay . The voting is open. Have a11 voted I I who wish? Have a1l voted who wish? Take the record, Mr. I I Secretary. On that question: there are 56 Ayes: no Nays, none voting Present. Havinq received the constitutional majority: Senate Bill 2088 is declared passed. Senate Bill 2089 was on the Recall List. So Senate Bill 2097. Senator Macdonald. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) Senate Bill 2097. (Secretary reads title of bill) . 3rd Readin: of the bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Macdonald. SENATOR MACDONALD: Thank you: Madam President. Senate Bill 2097 addresses the problems of -- the problem of underground storage tanks in institueions that are -- would not be covered or are not covered under the underground storale tank insurance fund. And this legislation would close that loophole and put these hospitals and other tanks thae have eleven hundred gallons or more under that protection. At the request of the Realtors, we did put in an j I amendment that excludes residential property from this -- from I I I this particular bill. So I know of no opposition, and I would ask I I f I or your support. PRESIDING OFFICER: (SENATOR COLLINS) The questionis,shall Senate Bill 2097pass. Those in favor 1 will vote Aye. Opposed, Nay. The voting is apen. Have a11 voted 1 I . I who wish? Have a1l voted who wish? Take khe record: Mr. I I s I ecretary. on khatquestion,thereare52 Ayes, no Nays, none 1 voting Present . Having received the constitutional majority, I I I Senate Bill 2097 is declared passed. Senator Demuzio, for what l I 138 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6e 1990 purpose do you arise?

SENATOR DEMUZIO

I wanted to ask khe sponsor some questions on that last bill.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Well -- Senator, you have to light your -- punch your button so that the switch would light -- board Would light up up here.

SENATOR DEMUZIO

That would be -- that would be -- you -- you should also ask if there is discusslon.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) 1,11 do it next time.

SENATOR DEMUZIO

All right. And will put my light on.

PRESIDING OPFICER (SENATOR COLLINS)

PRESIDING OPFICER: (SENATOR COLLINS) And you put your ligbt on.

SENATOR DEMUZIO

Okay.

PRESIDING OPFICER (SENATOR COLLINS)

PRESIDING OPFICER: (SENATOR COLLINS) Thank you very mueh. On the Order of 3rd Readinq ak the boktom of Page of 11. Senaee Bill 2106. Senator Geo-Karis. Read the bill, Mr. Seeretary.

ACTING SECRETARY (MR. NAQRY)

ACTING SECRETARY: (MR. NAQRY) Senate Bill 2106. (Secretary reads title of b&11) 3rd Reading of the blll.

PRESIDING OFFICER (SENATOR COLLTNS)

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

SENATOR GEO-KARIS

Madam President and Ladies and Gentlemen of the Senake. This bill amends the Unified Code of Correetions to impose a fifty-dollar fee on a convicted drug offender. However, ik was amended so that it would be up to the judqe if the drug offender l39 q - STATB OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 I could not afford it, that the judqe can decide Whether to waive I the fee or take less. In additione there Nas an amendment that was made to this bill: khich I think ts a good amendment and it allows circuit court clerk fees that apply to convictions to also apply to supervision dispositions. And these dispositions involve a guilty plea or finding of guilt but are technieally deemed not to be a conviction. Therefore, I ask for favorable consideration on this bill. PRESIDING OFFICER: (SENATOR COLLINS) The question is: shall Senate Bill 2106 pass. Any discussion? If not, those in favor will vote Aye. Opposed, Nay. The votin: is open. Have al1 voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 55 Ayes, no Na' ys, none voting Present. Having received ehe constitutional majority, Senate Bill 2106 is declared passed. At the top of the Page l2. Senate Bill 2110. Senator Dunn -- Ralph Dunn. Senator Dunn. Senate Bill 2116. Senator Schaffer. Read the bill, Mr. Secretary. ACTINC SZCRETARXI (MR. RARRY) Senate Bill 2116. (Secretary reads title of bill) I 3rd Readinq of the bill. 1 I ! PRESIDING OFFICER: (SENATOR COLLINS) I l I SenatorSchaffer. j SENATQR SCHAFPER: Mr. Presldent and Members of Ehe Senate, this bill does tWo things. It ereates a uniform fees and penalty section in the Department of Revenue for delinquent taxpayers. That particular section I don't believe is terribly controversial. And it has I been -- has the support, I believe, of al1 the various business groups who are principally affected. Would make life a lot easier ! I I for khe taxpayer and for those people Who have to handle the I I I l40 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 i I rather immense array of tax forms and regulation that We have out there. The second section of the Act would create a Tax Amnesty Program. The Deparkment estimates that this Tax Amnesty Proqram, Which is modeled after a very successful program that this General Assembly enaeted in the first half of the second to the last decade of this century, and I believe is a workable plan. It was from benefits. It would be a one-kime revenue enhaneer, i: yDu Will - to used a much overworked phrase - projected to bringinq in about seventy million dollars. In the Governor's budget proposal, he sugqests that money be earnarked for mental heatth. I suspece, in liqht of the joint bipartisan program that has been worked out here in the Senate: that the Department of Mental Health's budget - at least from our perspective, at this point in time - is qoing eo rise or fall With or without this. So I cannot in good conscience suggest to you that evil things will happen to mental health. Hopefully those things will not happen, because I think the General Assembly recognizes in the face of OBRA and several other situationsy that there's a certain number of dollars that are going to have to be appropriated, one way or *he other. I would suggesk to you - and this is just purely ny thought - that We advance the bill, With the addktkonat seventy million dollars, I with the thought that it be placed perhaps where a one-time I I expenditure might more appropriately be placed, and that Is in I I I funding the pension systems, which our Senate plan nor the 1 Governor's budgek addresses. Prankly, it occurs to me that this may be our only hope of putting a reasonable number of dollars into the various pension funds this year and beginning to live up to the obltgation of the legislation that we passed last year and are Well on the road to ignoring even just one year later. I think it's a reasonable idea. I present it to you. I do not minimize the difficulties that this concept will have in the House. But I think we should Bend it over there and keep the I 14l STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90kh Legislative Day May 16z 1990 I I discussions going. I'd be happy to answer any questions from any I Member except Senator Netsch.

PRESIDINC OFFICER (SENATOR COLLINS)

PRESIDINC OFFICER: (SENATOR COLLINS) Further discusslon? Senator Netsch.

SENATOR NETSCH

Thank you. Senator Schaffer, I won't ask questions then - 1'11 just make some points. The first part of the bill, whieh is an attempt to bring into coherence all of the penalties and interest provisions: is a very good idea, which the Department has been talking about for some time. Qhere may be 0ne or tWo places where one can raise a particular question that might be a little bit tou:h on people on negligence and a few other things. But for tbe most part, I think it's in reasonably good shape, and I expeet it will have some more attention at ie qoes along. It's khe second part that I am concerned about, and Which Will lead me to vote No on the bill. I am palnfully aware of the fact that only eight of you voted against the -- my attempt to remove amnesky from this bill by amendment the other day: although I have a stron: feeling that many of you are nuch more concerned about it than that vote would indicate. I think it is a matter of very srave concern on *wo eounts. One is that the revenue estlmate - which is, we believe, inflated - of about seventy million dollars is goin: into mental health. Admitkedly into the Mental Hea1th Fund: but nevertheless into mental health. That is a program thak requires - Whatever it getsz it requires a continuation of that activity. It -- absolukely, if we are going to do any one-shot things, they should never go into a continuing operations program. And I think Senator Schaffer himself recognizes that, bue the fact is that that's what the bill does at the present time. The second thing is, amnesty as a matter of tax policy. There are many of us who have some question whether it is a qood idea the first time. It is clearly a terrible idea for the second I l42 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May l6, 1990 time in six years. And it's not just that we are not qoing to be i l able to get the kind of money we got the first time. If you have ever read the report, almost a11 of it was known tax liability; We slmply accelerated it. We didn't get anything We would not have gotten eventually; in fact We got considerably less. Most of it came from a handful of businesses -- of corporations and a very large part of it was unitary. That same experience simply will not be repeated this time. And I think that itself is a matter of grave eoncern. The other thing that worries me is not just sending out a message to those who may start holding back on their taxes beeause they thlnk they are going to get an amnesty program every five years. It's the message it sends to the law-abiding people who are indeed paying their taxes on time. They are now being told, ''Gee, a11 of those whofve been holding back and who were riskin: penalty and interest, are noW going to be told, 'Come home. Voudre forgiven; your penalty and interest will be waived.d'' I don't think it's fair to those people who have indeed been law-abiding and tax-abiding - if you wi1l... END OF TAPE TAPE 4

SENATOR NETSCH

.. . ls very, very bad tax policy. And I really hate to see us reach out desperately grasping for something that will give us enough money that we can tell people in Mental Health that, '#Yes, welre goln: to give you a few more dollars.'' This is not the way to do it.

PRESIDING OFPICER (SENATOR COLLINS)

PRESIDING OFPICER: (SENATOR COLLINS) Further discussion? Senator Jeremiah Joyce. l43 STATE 0P ILLINOIS 86th GENERAL ASSEMBLV RECULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6y 1990 SENATOR J .E. JOYCE: Question of the sponsor, please. ' PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yield. SENAQOR J.E. JOYCE) Senator, I -- I eould not imagine what you would do to someone if you were on the opposite side of this issue. You would have such fun. Let me ask you. Do you or would you have the l information. or could you 4et the information of the names and the amounts to - let us say - the top thirty, forey, fifty. or the top ken pereent of those who are goinq to take advantaqe of this proqram? PRESIDING OFPICER: (SENATQR COLLINS) Senakor Schaffer. SENATOR SCHAFPER: It 's my understanding that information is protected by a confidentiality clause in the law, and that that type of information is not available. PRESIDING OFFICER: (SENATOR COLLINS) ' Senator Joyce. SENATOR J .E. JOYCE: I Would you have available for the Membership the top ten or 1 l tkenty taxpayers who took advantage of this program the last time' f We sought to enact it? I PRESIDING OFFICER I : (SENATOR COLLINS) I senator sehaffer. 1 I SENATOR SCHAFFERI l I Yes. I'm sure the Department can give you that information; l j I although I'm not aware of any of them - who they Would j i speciflcally be. J PRESIDING OFFICER: (SENATOR COLLINS) I Further -- Senator Joyce. I I 144 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6e 1990

SENATOR J.E. JOYCE

Is there anythin: in here which would preclude someone who previously took advantage of an amnesty from participating in this?

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Senator Scbaffer.

SENATOR SCHAFFER

No.

PRESIDING OPFICER (SENATOR COLLINS)

PRESIDING OPFICER: (SENATOR COLLINS) Senator Joyce.

SENATOR J .E. JOYCE

Well, I'm sure you knou, Senator Scbaffer, that there were just a handful of major taxpayers who took advantaqe of or goe the greatest bulk of the break *he last time we did this. And there was severe criticism about the program because of that. But back to Senator Netsch's point. How many dollars will come into State coffers because ue enact thls program that would otherwise no* come into State coffers?

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer.

SENATOR SCHAFFER

What was the -- I apologize, did not :et the question. PRESIDING OFFICERI (SENATOR COLLINS) Would you repeat your question, please?

SENATOR J.E. JOYCE

Well, if we fail eo enact this, hoW many of the dollars khich will would come into the Seate coffers Will not come in?

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer.

SENATOR SCHAFFER

think we'd have a dlfficult time giving Eha: figurez because obviously the Department of Revenue is going to continue to pursue 145 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16. 1990 any delinguent taxpayers, and we will get a certain percentage of it. Part of this is a -- is a speedup in revenue, and part of is additional revenue.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Senator Joyce.

SENATOR J.E. JOYCE

Well, I -- Itl1 go back to the point that I made when started to talk, and that is, Senator Schaffer: if -- if you were opposin: this, you would have us here for a half hour, and by khe time you were through, anyone Who Would be voting Aye for khis would be going home greatly embarrassed and and and oh, forget it.

PRESIDING OFFICER (SENATOR COLLINE)

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

SENATOR GEO-KARIS

... yield for a question?

PRESIDING OFFICER (SENATOR COLLINS)

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

SENATOR GEO-KARIS

It seemed to me we had an amnesty provision once before. About how much money did we take in from that amnesty provision a few years ago that I believe we passed? Would you recall?

PRESIDING OPFICER (SENATOR COLLINS)

PRESIDING OPFICER: (SENATOR COLLINS) Senator Schaffer.

SENATOR SCHAFFER

I'm geeelng estimaees of somewhere between a hundred and three and a hundred and fifteen million dollars.

PRESIDING OPPICER (SENATOR COLLINS)

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

SENATOR GEO-KARIS

Madam President and Ladies and Gentlemen of the Senate, let's not kid ourselves. Sure, we who pay our taxes can be justly 146 I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6y 1990 disgusted at those Who don'k pay their taxes. But it Would cost the State millions of dollars for enforcement on the present ones who haven't been paying their taxesy and they're willing to pay under an amnesty provision. And lf we can get around fifty or sixty million dollars in to help Mental Hea1th, I think we have to eonsider that, too. Because as I heard yesterday and the day before, that there was a bipartisan aqreement on the budqet and the appropriatiohs, and that's -- that we just have so much money to spend and no more. So rakher than spend millions of dollars in addieional enforcement, let's put those millions to help the Mental Health and pass this amnesty law.

PRESIDING OPPICER (SENATOR COLLINS)

PRESIDING OPPICER: (SENATOR COLLINS) Senator Schaffer, to close.

SENATOR SCHAPPER

Madam President and Members of the Senate, I think frankly Senator Netsch has made a very good point, that this type of one-shot revenue enhaneer should not be aimed at an ongoin: program sueh as Mental Health, although I would confess that my sponsorship of it probably relates to my involvement With Mental Hea1th and my concern for funding levels for mental health. If the Governor in his wisdom had chose to consult me on this particular part of his budget - which he did not - would have argued that it go into Penslons, where it mighk be more appropriately handled as a one-shot thing. The bottom line is that we are facin: an extremely tough budget year. I think both Houses of the General Assembly are unkillin: to vote for tax lncreases. I see no suppork for that. I think We in the Senate have thus far come up w1th a very responslble budget-balancin: program, which is goin: to involve some very painful euts, many ot which will come khen the House bills - budget bills come over here to the Senate. would respectfully suggest and -- and plead with *he Body to send the bill forward to the House so that the 147 STATE OF ILLINOIS 86th GEXERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 concept of a seventy-million-dollar add-on this year without a tax 1 increase would be at least available for discussion in the waning days of thls Session of the General Assembly: so that perhaps we don't have to cut seventy mlllion from Education, Mental Healthe Pensions, or whakever. I would also say that I -- I shared some of the skepticism that some of the speakers have had about the seventy million dollar fiqure. 3ut I thought the Department of Revenue did a very good job of defending that figure in committee. And sinee khen, in discussions I've had with them: they feel that this amnesty program could be used very effectively to bring some new taxpayers into the system Who are currently not identified and not payin: taxes, and who have built up a little bit of an accrual in taxes and are a little afraid about when they cone in whatls going to happen when we go chase them for khe past four or five years. I think it's a sound proposal. I think at the very least it deserves the opportunity to go to the other Chamber and to be part of the m1x in those final days of the Sessicn when we a22 are going to have some tough decisions. This may allow us to fund some things that miqht otherwise not be funded. And I'd appreciate a favorable roll call.

PRESIDING OPPICER (SENATOR COLLINS)

PRESIDING OPPICER: (SENATOR COLLINS) The question is, shall Senate Bill 2116 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted wbo Wish? Have al1 voted who wish? Take the record, Mr. Secretary. On that question, there are 30 Ayes, 19 Nays, 2 voting Present. Havin: received khe constitutional majority, Senate Bill 2116 is declared passed. Senator Netsch is requesting a verificatlon of the affirmative votes. Will the Seeretary please read those voting in the affirmakive. ACTINGSECRETARXI (MR.HAKRY) ( The followin: voted in the affirmative: Barkhausen: Davidson, 1 1 l48 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 DeAngelis, Donahue, Dudycz, Ralph Dunny Thomas Dunn, Etheredge; Fawell: Friedland, Geo-Karis, Hawkinson, Hudson, Karpiel, Keats, Kelly, Kustra, Macdonald, Madigan, Mahar, Maitland; Philip, Rea, Schaffer, Topinka, Vadalabene, Watson, Weaver, Welch and Woodyard.

PRESIDING OFFICER (SENATOR COLLINS)

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

SENATOR NETSCH

Senator Friedland.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Is Senator Friedland on the Floor?

SENATOR NETSCH

All right. Okay. Senator Tom Dunn.

PRESIDING OPFICER (SENATOR COLLINS)

PRESIDING OPFICER: (SENATOR COLLINS) Is Senator Tom Dunn on the Floor? Senator Dunn on the Floor? Strike his name.

SENATOR NETSCH

Okay .

PRESIDING OFFTCER (SENATOR COLLINS)

PRESIDING OFFTCER: (SENATOR COLLINS) Any further -- Okay. The roll call has been verified. And the -- the Ayes are 29r 19 votàn: Present -- I mean, 19 voting Nay, and 2 Presents. Having failed to receive the constitutional majority, Senate Bill 2116 is declared lost. The -- the sponsor is requestin: postponed consideration. On the Order of 3rd Reading, Senate Bill 2143. Senator DeAngelis. Read the bill, Mr. Secretary. Senator DeAngelis. Senator DeAngelis. SENATOR DeANGELIS: Madam Presidentz I've been requested to hold this by several Members who want to review further. But I would like -- like to have some assurances from the Chair that we Will return to this order of business, and that this bill will eventually be heard before we go home this week. l49 STATE OF ILLINOIS 86th GENSRAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May 16y 1990

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) I'm sure we're going to 9et back to some order of business to 3rd Reading before this week. I'm sure we'll get back to 3rd Reading this week, Senator DeAngelis, if that's the question you're asking. SENATOR DeANGELIS: Al1 the way to 21437

PRESIDIXG OFFICER (SENATOR COLLINS)

PRESIDIXG OFFICER: (SENATOR COLLINS) IIm sure we will. SENATOR DeANGELIS: Thank you: Senator Collins. --

PRESIDING OFPICER (SENATOR COLLINS)

PRESIDING OFPICER: (SENATOR COLLINS) Okay. Senate Bill -- Senate -- SENATOR DeANGELIS: I appreciate your commitment.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Senate -- Thank you, Senator. Senate -- on the Order of 3rd Readingp Senate Bill 2171. Senator Dunn. Thomas Dunn. Read the bill read the bill: Mr. Secretary.

ACTING SECRETARY (MR. HANRX)

ACTING SECRETARY: (MR. HANRX) Senate Bi1l 2171. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dunn. SENATOR T. DUNN; Thank you, Madam President. This bill is a vehicle, and is serving as a negotiating tool between the parties as it goes over eo *he Rouse. I ask for a favorable vote.

PRESIDING OFFICER (SENATOR COLLINS)

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

SENATOR GEO-KARIS

150 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6# 1990 Is this bill just relating to the -- according to my analysis here - it just amends The Radiation Protection Act? Will he --

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) The Lady is asking a question. I assume you will yield. Senator Dunn.

SENATOR T. DUNN

Yes. SENATOR GZO-KARISt Okay.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the questàon is' shall Senate Bill 2171 pass. Those in favor will vote Aye. Opposed, Nay. The Voting is open. Have all voted who wlsh? Have all voted who Wish? Have a1l voted Who Wish? Take the reeord, Mr. Secretary. On that question, there are 56 Ayes, no Nays, none voting Present. Having received the constitutional majority, Senate Bill 2171 is declared passed. Senate Bill 2176 is on the Recall List today, so we're moving to Senate Bill 2142. Senator Jones. Senator -- Senate -- 92. Senate Bill 2228. Senator Severns. Read the bill, Mr. Secretary.

ACTING SECRETARY (MR. HAQRX)

ACTING SECRETARY: (MR. HAQRX) Senate Bill 2228. (Secretary reads title of bill) 3rd Reading of khe bill.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Senator Severns.

SENATOR SEVERNS

Thank you, Madam President and Members of the Senate. Senate Bill 2228 is recognition that Europe '92 is right around the corner, coupled with the fact that the changes in Eastern Europe have provided new opportunities for Illinois exporks. We heard a report just last week that State of Illinois exports in the large l51 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 business caeegory are soaring. The area that *e need to address is giving greater opportunity to Gmall and medium businesses in this State for that same opportunity, and that's what this bill does. It provides a deduction to businesses who are certified by the Illinoàs Export Council and businesses that have seven and a half million dollars in sross sales or less for the taxable year for two years following certification. We've restricted the language simply because we recognize that it's a fiscal year that is tiqht. But I believe that this is a progressive measure and would help provide those small and -- small and medium businesses the opportunlkies they need to compete in the global markets. 1911 be happy to answer any question.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not: the question is, shall Senate Bill 2228 pass. Those in favor kill vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Take khe record, Mr. Seeretary. On Ehat question, there are 52 Ayes, S Nays, none voting Present. Having received the constitutional majority, Senate Bill 2228 is declared passed. Senate Bill 2231. Senator Welch. Read the bill, Mr. Secretary.

ACTING SECRETARY (MR. HADRY)

ACTING SECRETARY: (MR. HADRY) Senate Bill 2231. (Secretary reads title of bill) It's the 3rd Reading of the bill.

PRESIDINC OFFICER (SENATOR COLLINS)

PRESIDINC OFFICER: (SENATOR COLLINS) Senator Welch. fZNATOR WELCH: Thank you, Madaa President. What the bill now does is allow defendants in suits brought under the Environmental Protection Act ko bring thlrd party defendants inko the Bame lawsuit, instead of requirtnq as the current law does that separate lawsuits be brought. This would result in judicial economy; the complete l52 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990 determination of the -- of the question involved; and would save the State and the parties money. I would be glad to try to answer any questions.

PRESIDING OFFICER (SENATOR COLLINS)

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

SENATOR KEATS

I'm trying to find the original bill. Did you delete everything after the enacting clause? Okay. I'm sorry. Our amendment didn't say that. Thank you.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Fureher discussion? If not, the question is, shall Senate Bill -- Senate Bill 22 -- Senator Raica, did you Wish to speak? ïour light came on and off. Senator Raica. Ilm sorry.

SENATOR RAICA

Question of the sponsor, please.

PRESIDING OFFICER (SENATOR COLLINS)

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

SENATOR RAICA

Senator Welcbe who requested this piece of legislationy' please?

SENATOR WELCH

It was suggested by the 3rd Appellate Court District seated in Ottawa, Illinois.

SENATOR RAICA

% Where was this problem at?

SENATOR WELCH

The problem arose and was brought to the eourt's attention by a lawsuit brought in Ottawa, Illinois.

SENATOR RAICA

Is that your district?

SENATOR WELCH

Yes, it is. 153 STATE OF ILLINOIS j 86th GENERAL ASSEMBLY I REGDLAR SESSION I SENATE TRANSCRIPT I I ! 90th Legislative Day May l6, 1990

SENATOR RAICA

Okay. Thank you, Mr. -- Madam Fresident.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch: do you wish to close? The question is, shall Senate Bill 2231 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who wish? Have all voted who wish? Take the record, Mr. Secretary. On that questiony there are 58 Ayes, no Nays, none voting Present. Having received *he constitutional majority: Senate Bill 2231 is declared passed. Senate Bill 2256. Senator Severns. Read the bill, Mr. Secretary .

ACTING SECRETARY (MR. HARRY)

ACTING SECRETARY: (MR. HARRY) Senate Bill 2256. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Senator Severns.

SENATOR SEVERNS

Thank you, Madam President and Members of the Senate. This bill is a companion bill to the bill that We just passed: providing the Export Development Authority more financtng tools - again, directed to those small- and medium-sized businesses in Illinois. I thlnk our ability to compete globally is only diminished by our ability to act globally. This bill will help assist those areas that we need help. And I know of no opposition. I would appreciate a favorable vote.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not, the question ise shall Senate Bill 2256 pass. Those in favor will vote Aye. Opposed, Nay. The voking is open. Have al1 voted who wish? Have a11 voted who wish? Take the record: Mr. Seeretary. On that question, there are 56 Ayesr no Nays, none voting Fresent. Having received the 154 1 i STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990 constitutkonal majority, Senate Bi11 2256 is declared passed. Senate Bill 2277. SenatorRea. SenateBill2293. Genator Luft. 1 Read the bill: Mr. Secretary.

ACTING SECRETARY (MR. HADRY)

ACTING SECRETARY: (MR. HADRY) Senate Bill 2293. (Secretary reads title of b1ll) 3rd Reading of the bill.

PRESIDING OFPICER (SENATOR COLLINS)

PRESIDING OFPICER: (SENATOR COLLINS) Senakor Luft.

SENATOR LUFT

Thank you, Madam President. Senate Bill 2293 - as the Secretary staeed - simply amends the Metropolitan Pier and Expositlon Authority Act. This is obviously a vehicle bill. I would request that the Senate pass this over to the Housey where we Wi11 find out at a future date what, if anything: this bill attempts to accomplish. PRESIDING OFFICER) (SENATOR COLLINS) Eurther discussion? If not, the question is, shall Senaee Bill 2293 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that questionz there are 21 Ayes, 29 Nays, 5 votin: Present. Eazing failed to receive the -- the sponsor is requestin: poskponed consideration? Are -- are you requesking -- Senator Luft.

SENATOR LUFT

Yes. I an requesting postponed eonsideration --

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) The sponsor is requesting --

SENATOR LUFT

-- on Senate Bill 2293.

PRESIDING OFFICER (SENATOR COLLINS)

PRESIDING OFFICER: (SENATOR COLLINS) ! 155 STATE 0F ILLIKOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May l6e 1990 The -- the sponsor is requestin: consideration postponed. PRESIDENT R0CK: While we're compilin: -- while Welre compilin: the Recall List, any Member who has a bill on 3rd Reading that they wish to have recalled, please let the Secretary know and get the amendment filed. While we're compiling ehat lizt, in order to move more paper, wefllr with leave of ehe Body, go to the Order: again: of House Bills 1st Reading. A number of Members have indicated their willingness to sponsor a House bill. House Bills 1st Reading, Mr. Secretary.

ACTING SECRETARX (MR. HARRY)

ACTING SECRETARX: (MR. HARRY) House Bill 39l offered by Senator DeAngelis. (Secretary reads title of bill) House Bill 1632, by Senator Weaver. (Secretary reads title of bill) House Bill 1681, by Senator Ralph Dunn. (Secretary reads title of bill) House Bill 2013, by Senators Smith and Topinka. (Secreeary reads title of bill) Eouse Bill 2178, by Senator Jones. (Secretary reads title of bill) House Bill 2181, by Senator Carroll. (Secretary reads tikle of bill) House Bill 2903, by Senator Maitland. (Secretary reads title of bill) House Bill 2948, by Senator Demuzio. (Secretary reads title of bill) House Bil1 2965, by Senator Hawkinson. (Secretary reads title of bill) House Bill 2998, by Senator Maitland. (Secretary reads title of bill) House Bill 3037, by Senator Maitland. l56 STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 90th Legislatkve Day May l6, 1990 (Secretary reads tttle of bill) House Bill 3038: by Senator Maitland. (Secretary reads tltle of bill) House Bill 3107, by Senator Maitland. (Secretary reads title of bill) House Bill 3118, Senator Rea. (Secretary reads title of bill) House Bill 3150 offered by Senator Hawkinson. (Secretary reads title of bill) House Bill 3176, by Senator Marovitz. (Secretary reads title of bi11) House Bill 3181, by Senator Demuzio. (Secretary reads title of bill) Eouse Bill 3294. (Secretary reads title of bill) And offered by Senator Lechowicz. House Bill 3325, by Senator Maitland. (Secretary reads tltle of bill) Eouse Bill 3506, by Senator Maitland. (Secretary reads title of bill) House Bill 3562 offered by Senator Jones. (Secretary reads title of bill) House Bil1 3572, Senator Vadalabene. (Secretary reads title of bill) House Bill 3578, by Senators Smith, Bermanw Demuzio and others. (Secretary reads tttle of bill) House Bill 3582: by Senators Smith, Thomas Dunn and Demuzio . (Secretary reads title of bill) House Bill 3583: by Senators Smithw Zito, Marovitz and Collins. (Secretary reads title of bill) l57 STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6e 1990 House Bill 3584: by Senators Smith, Thomas Dunn and Savickas. (Secretary reads title of bill) House Bill 3603, by Senator Madigan. (Secretary reads title of bill) House Bill 3651, by Senators Demuzio: Maitland and Luft. (Secretary reads title of bill) House Bill 3658, by Senator J.J. Joyce. (Secretary reads title of bill) House Bill 3739 offered by Senator Woodyard. (Secretary reads title of bill) House Bill 3971, by Senator Holmberg. (Secretary reads kitle of bill) House Bill 3972, by Senator Holmberg. (Secretary reads kitle of bill) House Bill 4068, Senator Jones. (Secretary reads kltle of bill) House Bill 4080, by Senator Maitland. (Secretary reads title of bill) House Bill 4085, by Senator Demuzio. (Secretary reads title of bill) House Bill 4202, by Senakor Maitland. (Secretary reads title of bill) And House Bill 4203, by Senator Maitland. (Secretary reads title of bill) lst Reading of the bills.

PRESIDENT ROCK

The bills that were just read in by the fecretary Will be referred, of coursey to the Rules Committee. Resolutions.

ACTING SECRETARY (MR. HANRY)

ACTING SECRETARY: (MR. HANRY) Senate Resolution 1076 offered by Senators LechoWicz, Rock and all Members. Senate Resolution 1077 offered by Senator HaWkinson. l58 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6e 1990 Senate Resolution 1078, by Senators Dudycze Raica and a1l Members. Senate Resolution 1079, by Senators Dudycz, Raica and a11 Members. Theylre death and congratulatory resolutions.

PRESIDENT ROCK

Consent Calendar.

ACTING SECRETARY (MR. HAQRY)

ACTING SECRETARY: (MR. HAQRY) Senate Resolution 1080 offered by Senator Rea. It's substantive.

PRESIDENT ROCK

Executive. All right. If I can have the aktention of khe Members - particularly those who have drifted to their offices we have what appears to be less than an hour's work remaining today, and I would ask the Members to please rejoin. A list of the recalls has been distributed. There is one additional, and that is Senate Bill 2115, sponsored by Senator Schaffer. There are two amendments that have been filed. We will add that to the list, rather than have to print another one. So I'd ask Senators Welch, Macdonald, Carroll, Welch, Dunn and -- and Schaffer to join us. In addition, there's been a requeGt to go to the Order of Conference Committee Reports. And I1d just alert the Membership, copies of khose reports have been, or are being, distributed. Senator Jones has a Conference Committee Report on Senate Bill 1289. Senator Hawkinson has a Conference Committee Repork on Senate Bill 1333. And Senakor Leehowicz haG a Conference Committee Report on Senate Bill 1456. Those are at Page -- found at Page 44 on the Calendar. 44 on the Calendar. Then there has been a reguest to go to the Order of Motions in Writing. There are a number of motions that have been filed, Motions to Discharge and ask that bills be moved out to the Order of 2nd Reading. And We Wi1l address those motions also this afternoon before we 159 STATE OP ILLINOIS 86th GENERAL ASSEMBLX RECULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 conclude. The motions that have been filed are also on the Calendar at Page 46. You'll notice the date of filing. There are motions filed on May 15th: May 9thz May 4th - a11 the ones filed in May of 1990. Two additional motions have been filedg and the Secretary indicates that there will be a Supplemental Calendar, so that everybody is aware of whatls out there. Senator Macdonaldz as long as you are here, you want to deal with 1905? A11 right. Paqe 10 on the Calendar, Ladies and Gentlemen. On the Order of Senate Bills 3rd Reading is found Senate Bill 1905. Senator Macdonald seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Qrder of Senate Bills 2nd Reading, Senate Bill 1905, Madam Secretary.

SECRETARY HAWEER

Amendment No. 2 offered by Senator Macdonald.

PRESIDENT ROCK

Senator Macdonald.

SENATOR MACDONALD

Yes. This was added languaqe to the language that we had to clarify that this -- this is regarding double-barreled bonds and backdoor referendums. And this amendment merely says that the queskion on the ballot shall include a statement of any revenue souree khat will be used to pay the principal of and interest on the alternate bonds. So I move for the adopkion of this amendment.

PRESIDENT ROCK

Senator Macdonald has moved the adoption of Amendment No. 2 to Senate Bill 1905. Discussion? If not, a11 in favor, indlcate by saying Aye. A11 opposed. The Ayes have The amendment's adopted. Are there further amendments?

Linda Hawker

No further amendments. l60 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990

PRESIDENT ROCK

3rd Reading. Senator Welch has joined us. Senator Welchs you ready? If you'll turn to Page 45 on the Calendar. 4-5. Page 45. On ehe Order of Consideration Postponedy you'll find Senate Bill 1482. Senator Welch seeks leave of the Body to return that bill to the Order of 2nd Readinq for purposes of an amendment. Is leave granted? Leave ls granted. On the Order of Senate Bills 2nd Readin: is Senate Bàll 1482, Madam Secretary.

SECRETARV HAWXER

Amendment No. 2 offered by Senator Welch.

PRESIDENT ROCK

Senator Welch, on Amendment No.

SENATOR WELCH

Thank you, Mr. President. Amendment No. 2 to Senate Bill 1482 deletes the oriqinal language and it turns the bill into a vehicle for purposes of eoming up with a solution to the question of municipal incinerators. In the committee the other day, we discussed that we are goinq to continue to work on the issue of finding a solution ko what to do with the incineration problem. What I'm trying to do is get this bill in a position Eo be sent over to the House to be used this fall for potential legislation that ls worked on by a bipartisan committee. And I would move for the adoption of the amendment.

PRESIDENT ROCK

Senator Welch has moved khe adoption of Amendment No. to Senate Bil1 1482. Discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have ik. The amendment's adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Readinq and back to the Order of Consideration Postponed. 16l STATE OF ILLINOIS 86th GENENAT,ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May 16, 1990 Senator Welch: you also have one at Page 4, which earlier today was moved to 3rd Reading. That's Senate Bill 2000. On khe Order of Senate Bills 3rd Reading is Senate Bill 2000. Senator Welch seeks leave of the Body to return that bill to the Order of 2nd Readinq for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 2000, Madam Secretary.

Linda Hawker

Amendment No. 3 offered by Senator Welch.

PRESIDENT ROCK

Senator Welch.

SENATOR WELCH

Thank you, Mr. President. Thàs is a technical amendment. We found after putting on the Amendment No. 2 that the Section clause did not appear after the enacting clause, so we reversed that. And we'd like this to be put on.

PRESIDENT ROCK

A1l right. Senator Welch has moved the adoption of Amendment No. 3 to Senate Bill 2000. Discussion? If noty al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have The amendment's adopted. Are there rur*her amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. Senator Dunn. At Page 12 on the Calendar, Ladies and Gentlemen, on the Order of Senate Bills 2nd Reading, having been moved to 3rd earlier, is senate Bill 2l1û. On Ehe Order of Senate Bills 3rd Reading, Senate Bill 2110. Senator Dunn seeks leave of the Body to return that bill Eo the Order of 2nd Reading for purposes of an amendmene. Is leave granted? beave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 2110, Madam Secretary. 162 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990

Linda Hawker

Amendment No. l offered by Senators Ralph Dunn, O'Daniel and Woodyard.

PRESIDENT ROCK

Senator Ralph Dunn.

SENATOR R. DUNN

Thank you -- thank you, Mr. President and Members of the Senate. Senate Bill 2110 is a bill thak affects the oil and gas legislation in this State. And ever since we've had the bill filed, we've been working with the Department of Mines and Minerals, the independent oil producers, and Petroleum Council. So far they haven lt gotten really together with it yet, so we'd like to offer this amendment, send it over to the House, and Ehen Wedll work out an amendment over -- work out some agreements over there, and we'll have it back for this House later. So Ifd move the adoptkon of Amendment No. 1.

PRESIDENT ROCK

All right. Senator Dunn's moved the adoption of Amendment No. l to Senate Bill 2110. Discussion? If not, all in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. Senator Schaffer. 2115. On the Order of Senate Bills 3rd Readinq is Senate Bill 2115. Senator Schaffer seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 2115, Madam Secretary.

GECRETARX EAWKER

Amendment No. l offered by Senator Schaffer. l63 STATE 0F ILLINOIS 86th GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6e 1990

PRESIDENT ROCK

Senator Sehaffer, on Amendment No.

SENATOR SCHAFFER

Mr. President and Members of the Senate, Amendment No. embodies the recommendations of the kask force the Department of Energy and Natural Resources put bogether on the solid Waste problems non-sitin: problems minus any reference to funding mechanism. So the bill in effeet does not have a funding mechanism in although the recommendations of the task force are embodied in this amendment.

PRESIDENT ROCK

A11 right. Senator Schaffer's moved the adoption of Amendment No. to Senate Bi1l 2115. Discussion? If not, all in favor. indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Purther amendments? SECRETARY HAWKER) Amendment No. 2 offered by Senator Schaffer.

PRESIDENT ROCK

Senator Sehaffer, on Amendment No.

SENATOR SCHAFPER

Amendment No. 2 comes at the request of What We sort of refer to around here as the several business groups on some of the requirements for standards and timetable for diminishin: waste. am told that with this recommendation ke have reached virtual agreement among the several business groups on the bill. I might add that none of us on this side of the aisle that I'm aware of have been contacted by what We call the environmental lobby, so I'm not sure where they are. Some of us are actually interested ln their opiniony and would like to hear from them. But I don't know if they talk to Senate Republicans any more. But the amendment does modify and address the concerns of the business communities. And I just uanted to - for the record sayp that l64 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6: 1990 some of us are concerned about other interestsy but if they don't talk to usw we don't know about them.

PRESIDENT ROCK

Senator Schaffer's moved the adoption of Amendment No. 2 to Senate Bill 2115. Discussion? If not, a1l in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3td Reading. Senator Carroll, you ready? On Page 20, Ladies and Gentlemen, on the proposed Agreed Bill List, youdll find Senate Bill 1962 on the ûrder of 3rd Reading. And Senator Carroll 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 Readingy Senake Bill 1962. Madam Secretary.

Linda Hawker

Amendment No. 2 offered by Senator Carroll.

PRESIDENT ROCK

Senator Carroll.

SENATOR CARROLL

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1962 is a sort of cleanup bill to the Comprehensive Hea1th Insurance Plan Act. Amendment No. is the aqreed amendment that had been discussed in copmittee and by the committee that operates CHIP. This is the piece of legislation thatlll do the technical language changes necessary, and hopefully is now the agreed languaqe on hoW to deal with the issue of dumping: so Ehat there kill not be dumping into the CHIP Plan. I would move adoption of Amendment No. 2.

PRESIDENT ROCK

165 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 Senator Carroll has moved adoption of Amendment No. 2 to Senate Bill 1962. Discussion? Senator Demuzio.

SENATOR DEMUZIO

Well, I I'd like to ask a question of procedure. After this is amended - it came off the Agreed Bill List - does it 9o back on the Agreed Bill List or does it come off?

PRESIDENT ROCK

It does not go back on the Agreed Bill List. It comes off and will be returned to the Order of 3rd Reading on the regular order. Senator Carroll's moved the adoption of Amendment No. 2 to Senate Bill 1962. Discussion? If not, all in favor, indicate by sayin: Aye. All opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

Linda Hawker

No further amendments.

PRESIDENT ROCK

3rd Reading. A1l right. Ladies and Gentlemen, we have two remaining orders of business. Qne are the conference committee reports found on Page 44 and 45, if the sponsors Wish to pursue them. And on Page 46 there are a number of Motions in Writing nine to be specific. In addition, the Secretary has - as a result of Motions filed just earlier today submitted a Supplemental Calendar reflecting those two additional motions. So we will go to the Order of Conference Committee Reports, with leave of the Body , handle tbose that the sponsors wish to handle, then We'l1 do the Motions in Writing, and that will effectively conclude our business for this afternoon. On the Order of Conference Commtttee Reports, Senator Jones: on 1289. Madam Secretary, on the Order of Conference Committee Reports, there's a conference committee With respect to Senate Bill 1-2-8-9, please.

Linda Hawker

Second Conference Committee Report on Senate Bill 1289. 166 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990

PRESIDENT ROCK

Senatoz Jones.

SENATOR JONES

ïeah . Thank you, Mr. President and Members of the Senate. Conference Committee Report No. 2 provides clarifying language to several acts. It allows a peace officer to be exempt from fingerprinting requirements for licensure as a private detective, private security guard. Also include the practice of esthetics under the -- under the purview of cosmetologists. That's the cleanup language of the Act that we passed. And also deals with the With the failure to renew -- an expiration date requiring - - requires -- the felony of -- a new application and deletes the provisions on procedure the Department of Labor must take if a license is not renewed by the expiration dates. And renames the placenent counsel as the employment counselor. What that does basically is the Act that we passed as relate to the Cosmetology Act -- eleans up that language and that's all the bill -- a1l the conference committee does.

PRESIDENT ROCK

Is there any diseussion? Any discussion? If notp the question is, sball the Senate adopt the Conference Committee Report on Senate Bill 1289. Those in favor will vote Aye. Opposed, vote Nay. And the votin: is open. Have a11 voted who wish? Have al1 voeed who wish? Have a11 voted who wish? Take the record. On that questiony there are 53 Ayes, 1 Nay, none voting Present. The Senate does adopt the Ponference Committee Report on Senate Bill 1289, and the bill, having reeeived the required eonstîtutional majority, is declared passed. Senator Hakkinson, you wish to proceed? On the Order of Conference Committee Reports, Madam Secretaryy there's a report with respect to Senate Bill 1333, please.

Linda Hawker

167 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May l6# 1990 First Conference Comnittee Report on Senate Bill 1333.

PRESIDENT ROCK

Senator Hawkinson.

SENAQOR HAWKINSON

Thank you, Mr. President. The initial bill dealing with tobacco products has been entirely deleted by this Conference Committee Report. Last year We passed a bill in the in the Senate, unanimously, which was designed to allow a vroup of prtvate citizens in my home school district who were raising money - non-kax money - to build an auxiliary gymnasium and give it to the school distrlct. We passed that in the Senate and it went to the Housee where some Members in the House added an amendment which completely froze the maintenance tax levy of the district. We had no objection to not using any increased maintenance money to operate this building, but the problem is that thak school district was substantially below where they were entitled to levy for maintenance purposes, and have plans unrelated to this to this buildinq to increase that maintenance as theydre allowed to by law. The House has agreed to back off that amendment, and we Would ask that we would pass Senate Bill 1333 in conference committee, Which kould allow these folks to go ahead and build and donake the building to the school district.

PRESIDENT ROCK

Is there any discussion? Discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1333. Those in favor Will voke Aye. Opposed Wil1 vote Nay. And the voting is open. Have a1l voted Who wish? Have a1l voted who wish? Have al1 voted who wish? Take khe record. On that question, there are 56 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1333, and the bill, having received the required constitutional majority, is declared passed. Senator Lechowicz, 168 STATE OF ILLINOIS 86th GENEQAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 9Qth Legislative Day May l6, 1990 on 1456. Top of Page 45, Ladies and Gentlemen, on the Order of Confezence Commkttee Reports. Tbere is a Conference Committee Report, Madam Secretary, on Senate Bill 1456, please.

Linda Hawker

First <sic> Conference Committee Report on Senate Bill 1456.

PRESIDENT ROCK

Senator Lechowicz.

SENATOR LECHOWICZ

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I move that the Senate do concur in adoption in Conference Committee Report No. 2 on Senate Bill 1456. It enhances the penalties for selling drug paraphernalia. It increases the penalties for selling paraphernalia from a petty offense - one thousand dollars - to a Class 4 felony - from one to four years and ten thousand. It increases the penalties for a person over eighteen sellin: drug paraphernalia to a person under eighteen from a Class 4 felony to a Class 3 felony . And I don't know of any opposition. And I move that we do concur in Conference Committee Report No. l <sic> ko Senaee Bill 1456.

PRESIDENT ROCK

All right. Any discussion? Is there any discussion? If noty the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1456. Those in favor will vote Aye. Opposed will vote Nay. And the votinq is open. Have al1 voted who wish? Have al1 voted who wish? Have al1 voted who wish? Take the record. On that queskion. there are 55 Ayese no Nays, none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1456: and the bill, having received the required constitutional majority' is declared passed. A1l right. Ladies and Gentlemen, we are proceeding to the last order of business, unless any other Member has any other business he would like to bring before the Body. The last order of l69 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 business will be the question of the Motions in Writing. Youlll find those motions at Pages 46 and 47 of the Calendar, and also on Supplemental Calendar No. le where there's been a motion filed by Senator Newhouse and Senator Woodyard. 1488. Senator Zito. Read the motion, Madam Seeretary.

Linda Hawker

I move that the Committee on Pinance and Credit Regulations be discharged from further consideration of Senate Bill 1488, and that the bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Zito.

PRESIDENT ROCK

Senator Zito.

BENATOR ZITO

Yes. Thank you, Mr. Presldent and Members. Senate Bill 1488 is a bill that has been developed with Commissioner Harris, the Comnissioner of Banks and Trusts, the Illinois Bankers Associakion and the Community Bankers Association. When the bill was presented before the Senate Finance Committee, the lengthy amendment, which I've distributed to members of the Pinance Committee, was not prepared, and since it was a controversial subject makter dealing with branches and limitaeions thereofe Senator Keats and 1, as a minority spokesperson and chairman, decided that in -- in the best interest of the Membershipy it Was better to hold the bill until such an agreement was reached or at least an amendment. We have been presented with the amendment yesterday afternoon, I believe. Copies of the amendment are available, and I Would, at thls time - in keeping with my promise in committee, and Senator Keats joins me in this - would move to discharge Senate Bl1l 1488 from further consideration of the Senate Finance Comnittee, and that it be placed on the Order of 2nd Readinq. 170 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legkslatkve Day May l6# 1990

PRESIDENT ROCK

Discussion on the Motion? A11 right. The question is the Motion to Discharge the Committee on Finance from further consideration of Senate Bill 1488, and that the bill be placed on the Calendar on the Order of 2nd Reading. Those in favor will vote Aye. Opposed, vote Nay. The votingls open. Al1 voted who wish? Have all voted who wish? Have a1l voted Who Wish? Take ehe record. On that question, there are 51 Ayes, no Nays, none voting Present. And the motion carries. 1489. Senator Lechowicz. Read the motion.

SECRETARY HAWRER

I move to discharge the Committee on Appropriations I from -- from further consideration of Senate Bill 1489: and that the bill be placed on the Calendar on the Order of 2nd Reading. Piled by Senator Lechowicz.

PRESIDENT ROCE

Senator Lechowica.

SENATOR LECHOWICZ

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the appropriatlon ehat would open up a krade office in Poland. It originally called for two hundred thousand dollars. In discussing this matter with the Governor's Office and DCCA, they proposed an amendment ko be prepared: which I did prepare and I offered in Appropriations Committee. The offkce would be for two hundred and fifty-five thousand dollars in Poland, tWo hundred and twenty-nine thousand dollars in Sungary. And ehe total other cosks of sixty-two thousand dollars or approximately five hundred and forty-six thousand dollars. Let me point out to the Membership khat this came about when Lech Walesa visited Chicago, and not only the State of Illinois, bue everybody from the Midwest came in to meet this dynamic leader from Eastern Europe. And the the labor convention that labor hosted from Illinois - the l7l STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May l6# 1990 Governor addressed that group - made mention of the fact of having a -- the importance of havinq a trade office in an Eastern European country. I also discussed that with Neil Hartigan that same weekend. And Neil thought it was a great idea that We Would have a trade office located in that area. And I told him that had discussed ehis with Thompson, and that both parties agreed to the importance of it. And they boeh came out publicly in support of it. puk that bill in in the -- in that -- in the October Session based upon those premises. Since then, we've -- were host to some other dignitaries from that section of the world. I think it's vital that all of us go on record and say, ''Yes, we appreciate the faet that sweeping changes oceurring in Eastern Europe and Illinois will lead khe nation in making sure that the trade and economie benefits of Illinois are available to that section of khe worldo'î For that reason, I'm asking ehat this bill be discharged from committeez and placed on 2nd Reading on the Ploor.

PRESIDENT ROCK

Al1 right. Voufve heard the motion. Discussion? Senaeor Etheredqe.

SENATOR ETHEREDGE

Thank youg Mr. President, Ladies and Gentlemen of the Senate. As the sponsor has indlcated, this is a matter which Was discussed at some length in the Senate Appropriations I Committee. And it was the considered judqment of the Approps I Committee that this bill should not be reported to the Floor of Ehe Eenate D0 Pass. I think khat I can speak for the majority of the members of that committeez however, in -- in -- when I say - and I khink I do speak for the majority of them - when I say that we do support the -- the idea of opening these offices. The poink is, that the money that is requested to open these offices was not even included in the Governor's budget. Thks is an add-on to the l72 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRAXSCRIPT 90th Legislative Day May 16, 1990 Governor's budqet. And what I -- I'd like to remind you, that just yesterday, youdve approved a series of amendmenes to appropriakions bills that we've labored over as a group, and the - - the bottom line is that we are -- we have removed five hundred million dollars out of the Governorfs budget, because lt was that much beyond what We expect the revenues to be. I would suggest that this is a good idea, but it is not timely. I suggest that we defeat this motion and that we continue to see - over the next six weeks - if there is not some way in which we could open these offices in some way that would minimize the budget inpact. I would ask for a No vote on thls motion.

PRESIDENT ROCK

Further discussion? Senator Raica.

SENATOR RAICA

Yes sir: Mr. President, Ladies and Gentlemen of the Senate. stand in support of senator Lechowicz's motion. It was a commitment that Illinois made to Poland . The Polish people arenlt looking for a handout: theydre looking for investments in their -- in their -- in their area. If this was a word that Illinois had wikh -- with Poland, I think that it's it's only right for us ko keep to that commitment. And I stand and ask for everyone's support.

PRESIDENT ROCK

Further discussion? Senator Kustra.

SENATOR KUSTRA

Thank youy Mr. Preskdent and Members of the Senate. Ie tooy rise in support of Senator Lechowicz's motion. The hour is still young here in the General Assembly. We've got six Weeks left. There is plenty of time to debate the issue of where this money is qoing to come from. I think the important and crucial point is the one that Senator Raica haa made Illinois has made a commitment; We ought to live up to And we can find the l73 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16# 1990 dollars.

PRESIDENT ROCK

Further discussion? Senator Leehowicz, to close. SCNATOR LECHOWICZZ Ifd appreciate an Aye vote, Mr. President.

PRESIDENT ROCK

All right. The question is the Motion to Discharge Senate Bill 1489 from the Commitkee on Appropriations 1, and ask that the bill be placed on the Calendar on the Order of 2nd Reading. Those in favor will vote Aye. Opposed Wkll vote Nay. And the votin: is open. All voted who wish? Have al1 voted Who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 36 Ayes, 11 Nayss none voting Present. And the motion carries. Senator Macdonald, for what purpose do you seek recognition?

SENATOR MACDONALD

A point of personal privilege, Mr. --

PRESIDENT ROCK

State your point, please.

SENATOR MACDONALD

Yes. I would like to introduce some very distinguished quests that are from my district that are here today. They are from Alexian Brothers Medical Center. Their chairman, Mrs. Ekhel Kolerus, Who is beside me here; and Sue Redfield: who is also a friend of Senator Netsch's and who is also here beside me; and Mr. Lee Demonico; Roqer Johnson; 6ue Prent; Mary Daugerty; and Patrick Coleman. And Ehey are up in the Speaker's Gallery. And I'd like for them to stand and be recoqnized, please.

PRESIDENT ROCE

Will our guests please stand and be recosnized. Welcome to Springfield. A11 riqht. Motion on Senate Bill 1529. Senator Smith . 1748. Senator Etheredqe. Senator Etheredge. Going once. 174 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 9Qth Legislative Day May l6, 1990 Going twice. 1748. Senakor Jacobs, for What purpose do you arise?

SENATOR JACOBS

Point of personal privilegez Mr. President.

PRESIDENT ROCK

State your point, please.

SENATOR JACOBS

Up in the President's Gallery, here on the Democrat sidey *e have a group from Illini Hospital in my district, plus their bus driver, Posco. So I'd like to have them stand and give them a hand.

PRESIDENT ROCK

Will our guests please rise and be recognized. Welcome to Springfield. 1852. Senator Raica. Read the motion, Madam Secretary.

Linda Hawker

I move to discharge the Committee on Energy and Environment from further consideration of Senate Bill 1852, and that it be advanced to 2nd Reading. Filed by Senator Raica.

PRESIDENT ROCK

Senator Raiea.

SENATOR RAICA

Thank you, Mr. President and Ladies and Gentlemen of the Senate. What this bill would do is this amends the Environmental Protectlon Ace and provides that certain facilities intended to take waste from outside Illinois must undergo local siting approval. Mr. President and Ladies and Gentlemen of the Senate, this is an important issue to a11 leqislators, local government, and the people we represenk back home. Wha: wedre asking for is local siting approval for incinerators and thatls all. When this bill was heard in committee. they put a subcommittee together ko l75 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May 16: 1990 go, and hopefully, go out to my district and Senator Savickas' area - and Senator Kelly was on this bill and Senator Mahar - and I -- I said we need something to take back fron the constituents back home 'cause we have a problem with Sun Chemical Company. They were disapproved their zonin: by Bedford Park by President Plotsek. And yet, they continue to try and put an incinerator within that community. At that poink, it was recommended that the subcommittee that was put together come out to our distriet and lipten to the concerns of our eonstituents, and both Senator Savickas and I and Senator Kelly and Senator Mahar agreed. Mr. Presidenk and Ladies and Gentlemen of the Senate, that did not happen. The subcommittee did not come to our districk. Did not come ko hear the concerns of our constituents. Instead they went to another state, when the problem wedre having is right here in Illinois and right in our backyards. What we're asking for is that if youdre qoing to burn waste outside the State of Illinois, that you undergo local siting approval. The subcommittee agreed that we need to seek the issue of incinerators, and they wanted to wait until we came up with a bill that everybody agreed on. Well, Mr. President and Ladies and Gentlemen of the Senate, we don't have that time. If the community - if the local representatives - the local governments - don't want this in their community, they should have the right to approve or disapprove it# and that bypassed khat system. I think this is an important issuee and I think it deserves the akeention of the Body, and I would just ask for an Aye vote.

PRESIDENT ROCK

Discussion on the motion? Senator Welch.

SENATOR WELCH

Thank you -- thank you, Mr. President. The subcommittee did have a meeking concerning these billsy and the -- and it Was the sense of the subcommittee the three Members - to keep this bill 176 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6# 1990 in the committee. We did that after discussing the matter With the other members of the full committee. What we felt we should do is, instead of reacting on a case-by-case basis and a district-by-district basis, try to fashion some leqislatione and come back with it perhaps this fall: that Would cover these sinilar situations throughout the State. We all have problems with incinerators attempting to be built by different companies in our districts - either contemplated or real. Wbat we had hoped to do was to try to get a situation where we could force these incinerators to be of the highest technology available; to enforce recycling requirements before they incinerate; make sure that they burn only Illinois waste; make sure that the waste is turned into energy. This bill doesn't do that. And that's why we didn't want to rush out there with an emotional issue without taking care of problems one at a timey instead of trying to fashion a comprehensive solution. For that reason, the committee felt that we should keep the bill in the subcommittee and talk about it throuqh thts fall, and perhaps bring ie back this fall. That was the subcommittee's intentiony and that's why we asked to keep in committee.

PRESIDENT ROCK

Further discussion? Senator Jacobs.

SENATOR JACOBS

Thank you, Mr. Presidenk, Ladies and Gentlemen of the Senate. 1, too, stand in stron: opposition to -- to this diseharge motion. This was a bipartisan, unanimous vote in Ehe Energy and Environment Committee. think we are complying with khe intent of what the legislation ls all about. I think that wedre looking at a nuch broader picture. And I agree with Senator Welch that we shouldn'k address khese on a per-case basis. And this thing gets a lot more involved than what it sounds like here. And I khink that we are responsible by allowin: the subcommittee to do its STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 work - reporting back in the fall. And I ask for a No vote.

PRESIDENT ROCK

Further discussion? Senator Macdonald.

SENATOR MACDONALD

Yes. 1, too, rise in strong opposition to this particular motion. This bill does have far- far-reaching implications to it. As both of the Senators before me said, we need to study khis whole issue of -- of incineration and -- and the conseguences that it Will have over the whole State. This is not the only issue the only incinerator - that is right now being looked at. And -- and we certainly think that we need more time, and that we eannot address issue-by-issue and and crisis-by-crisis in this particular manner. So I Would strongly suggest that *e keep this bill in subcommittee, as we have placed theree and give us an opporkunity to work in a comprehensive fashion to find answers to a very serious environmental problem in Illinois.

PRESIDENT ROCK

Further discussion? Senator Savickas.

SENATOR SAVICKAS

Yes. Mr. President, I rise to join Senator Raiea to discuss this hypocrisy of our Energy Committee's thoughts and ideas. Senator Welch mentioned that he wants to bring everything in conformity. The only thing that Senator Raica and I and Senator Kelly and Senator Mahar and other Senators located on the Southwest Side of Chkcago and running those suburbs seek is that the conformity be that the local communlty has a voice in the construction of these incinerators. Just like Senator Jacobs has in his community. Just like Senator Macdonald has in hers. Or Senator Welch has in his. When we ealk about this hypocrisy of looking at the problem in a whole, 1et me tell you whak this Energy Committee did. They wanted to look at to see where this ineinerator that would burn hazardous material located next to l78 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90kh Legislative Day May l6, 1990 Reavis High School where the children go to school, and how would affect them. And hoW did they accomplish this? They went on a paid trip to the -- I guess to Ohio - to Ohio - to see how a municipal incinerator works that burns city garbage. This is their idea of how to check on a hazardous Waste incinerator thatfs going to affect the lives of our children and a high school located riqht next door. And this is our Dnergy Committee that's qoing to solve our problems of hazardous waste in our communities. They donlt want us to have any say-so in our local communities. Why? Because many of them are concerned that this hazardous waste may go downstate. So they'll say, l'Put lt in Cook Pounty in residential communities - in residential communities - and 1et it burn.'' I think they should be taken to task. I think this bill should be reported out. And let's have a -- a full -- full Senate discussion about this problem. I vote Aye.

PRESIDENT ROCK

Purther discussion? Senator Kelly.

SENATOR KELLY

Thank you -- thank you, Mr. President, Members of the Senate. I also rise in strong support of Senator Raica's motion. It's a very important issue - certainly in Cook County - and it's one that's not going to wait until the fall. -- I would -- I Would be glad to go along with what the commlttee wants to do if the incinerator people would also have a moratorium on their activities. But if you recall what's happened on television during the last s1x months about all the communities khat have been involved with incinerators and in proposed incinerators, well this is an issue that's going to conkinue to harass us throughout the summer months. And it's going to be a major issue. And I do think the committee could have been a little -- fairer to the sponsors of these bills. There were several bills which we a1l sponsored, and they in -- in earnest - and I know the chairman is 179 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90Eh Legislative Day May 16, 1990 very fair most of the time - advised us that we would have an opportunity to have a -- an agreed bill, and that never happened. So I would viqorously ask you to support the motion of Senator Raica .

PRESIDENQ ROCK

Purther discussion? Senator Zito.

SENATOR ZITO

Thank you, Mr. President and Members. I would first remind the Membership that the discussion is not on the merkts of the legislakion/ but on the discharge motion to move this bill from commiktee to 2nd Reading. I was not ak the last Energy and Environment Committee, but I stand in support of Senatot Rakca's motion. Three Senators - Kelly, Raica and Savickas - came to our committee and asked for immediate consideration of a problem that they have in their districts or adjoining dkstrkcts. There was a subcommittee that Was established. It was supposed to investigate it. And apparently it was kalked about at the meetinq that I was not in attendance of. This problem however, and whether we're going to debate the merits noW or later I khink would be advantageous for us to debate merits on 2nd Reading. I don 'k know if the bill is qoinq to be a cure-all for inckneration problems ïn this State or the country. Senator Raica, in al1 due respect, don't think it is. Incineration is going to be a very: very diffàcult problem that Wefre golng to have to deal wïth, and over a greater period of time. But Senator Raica, Senator Kelly and Senator Savickas have a very serious problem in their districts right now. And there hasn't been a Senator on this Floor that hasn't had a problem that needed immediate attention and we didn't give consideration to. I'm not standing here today and asking you ko vote for or agaknst this blll, but I do stand here and ask you to support tbis motion so We have an opportunity to talk about and alleviate that incineration problem in Senator Raica's 180 STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislatkve Day May l6, 1990 district. Vote Aye.

PRESIDENT ROCK

Further discussion? Senator Mahar.

SENATOR MAHAD

Well, thank you, Mr. President and Members. I rise in strong support of Senator Raicaîs notion. Maybe we could clarify a point. I would ask if the sponsor would yield for a question.

PRESIDENT ROCK

Sponsor of the motion indicates he Will yield, Senator Mahar.

SENATOR MAHAD

Thank you: Mr. President. During the course - I -- I was not there at this last meeting - but -- and certainly, we in the General Assembly trom time to time act kn haste, and maybe we should spend more time in studying serious problems like -- like incineration, but -- my concern is in the immediate, where the EPA has received an application for this siting process. Senator Raica, at any time durin: this past eommittee hearin: - from the committee members or from the EPA have you received any indication that the EPA Would not move forward wikh this siting before the timetable for the committee to review this in the fall?

PRZSIDENQ ROCX

Senator Raica.

SENATOR RAICA

Thank you, Mr. Prestdent. Senator Jacobs asked a question in committee, and he asked it particularly to Sun Chemical. And he says, ''We want to come up with some guidelknes and come up wtkh an amendment or come up with a bill that would be encompassin: to address everyone's concerns.'' At that point, he asked Sun Chemical, ''Would you be willing to wait until the point where *e come up With our study, Which may not be till the fall or till the first of the year.'' To which Sun Chemical answered, 'êHuh?lê So being the reasonable and prudent man that Senator Jacobs is: he 18l STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSTON SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 asked the question a second time, probably hoping to get Sun Chemical to say, l'ïes, we will abide by the committee's wishes; we will waity'' Sun Chemical did not give an answer. Which means, they continue to pursue this issue. If I didn't feel it of an emergency nature, Senator Mahar, I would not have made a Motion to Discharge. But we're dealing - Senator Savickas and I and Senator Kelly and yourself - are dealing with the time constraints here. EPA can approve this thing and -- and ke want something in writin: that says, ''If you#re going to bring waste from outside the Statey just go through local siting approval.'' That's all.

PRESIDENT ROCR

Senator Mahar.

SENATOR MAHAK

Thank you, Mr. President. Then to the motion. Obviously if the committee wishes to move forward with their intent to -- to study incineration in general in the fall, it's totally appropriate to do so, and they may do so the following spring and the following fall. But however, this is an emergency issue, that's affectin: the neighborhoods - the residential neighborhoods of four Senatorial distriets - and it's totally appropriate for us to ask you, our eolleagues, to move for and allow this to be deliberated on the Ploor. And I Would ask for your support of Senator Raica 's motion.

PRESIDENT ROCK

All riqht. Further discussion? Senator Donahue. SENATOR DONAHUE) Thank you, Mr. President. I rise in opposition to this notion. And I do so because it wasn't a couple of years ago that I came eo this General Assembly and asked for a special consideration for a sikuation that was happening in my area recognizing and fully aware that it is bigger than my district. We have a landfill that's bein: sited in my areap according to the 182 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 law . There's no problem there, but we were askin: that the disenfranchised voters have a right to vote on this through county approval. And it was rejected - as I unfortunately understand because the issue is bigger than my district. But I'm only one Senator that came here and asked that, beeause that is khe way this State is. I have eight counties that I serve, as opposed to a number of the Senators in this area that happen to represent this one district - khis one area of khe State. They dre lucky to have that many people that represent them and can vote for 'em. So I think this issue is the same. It has to do -- we have even asked that we reject garbage being sent down from other parts of this State, and only take it within our county.That was rejected. ean understand why. And I think that we are getting into a very complex, very comprehensive issue that needs to be looked at for the betterment of the State of Illinois. It has nothing to do with Senator Raica or the other Senators. I fully understand their desire and their constituents' requeste but we have to look ak this on a broader basis. And I would ask that you reject this and allow the committee process - as we do in every regard to allow this process to work. Thank you. PRESZDENT ROCEJ Purther discussion? Senator Geo-Maris.

SENATOR GEO-KARIS

Briefly, Mr. President, Ladies and Gentlemen of the Senate. I think Senator Raica has merit in this request, because at the presenk time, even landfills are subjeet to local siting by a municipality. So this is the same thing for incinerakion. support this -- this motion.

PRESIDENT ROCK

Further discussion? Senator Joyce.

SENATOR J .J. JOYCE

Thank you -- thank you, Mr. President. To the -- to the l83 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 motkon: well, you mentioned Senatol Jacobs asking the question about when they would start. I kas there, and heard them say that they had to take it back to their corporate people, but that they Wouldn't start before January or Pebruary of next year. think perhaps rather than trying to discharge thise you ought -- you might think about putting in a resolution asking them not to start this facility until the Senate had an opportunity to go into the -- the bigger picture on incinerators. And it's been mentioned hypocrisy a few times on this Floor, and -- and the right of Senators to protect their district, Senator Raica. And I might point out to you Senate Bill 1915. It was two years ago. That was a bill that amends the Environmental Protection -- Protection Act with respeet to siting of regional pollution control facilities, provides that approval of a site in a regional pollution control facility by a municipality which has annexed the property, the site within the five years prior to the annexation, and it shall not be effective unless ratified by referendum - by referendum of the people. That was my resolutionp Senator. And I note here With some interest on the roll call at that time - it was Senate Bill 1915: 5/19/88 - Senator Kelly voted No; Senator Mahar voted No; and Senator Raica voted No. So let's not talk about hypocrisy on the Floor of the Senate here, When you're -- when youlre -- when We have handy little things like roll calls, Senator.

PRESIDENT ROCK

All right. Further discussion? Is there any further discussion? Senator Savickas, for the second time. All rlght. Senator Raica may close. Senator Raica may close. SENATOR RAICA) Thank you, Mr. President. What Senator Joyce was talking about, Mr. President, was the reqional pollution control facility. This is not the regional pollution control facility. We would 184 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May 16, 1990 rather make it that so'they would have to go through local siting approval. In the committee they mentioned that -- or Sun Chemical mentioned that they would exceed EPA standards. Bu* then again, the committee says that the EPA standards are lax. ïou know, there's an exemption in the 1aw right now -- there are three -- basically three exemptions, and what it stakes is that sites or facilities used by persons conducting a waste storage, waste treatment: waste disposal, Wasee transfere waste incineration operation or combination thereof for waste generated by such person's own actlvity when such wastes are stored treated, disposed, transferred or incinerated Within the site or facility owned, controlled or operated by such person, or when such wastes are transported between State facility or State sites or facilities owned, controlled or operated by such persons. What we're saying is Sun Chemical is goin: to kransport from kwenty-seven other states into the State of Illinois. Al1 we're asking ko do with this bill is that Ehey go through local siting approval. The problem is EPA may grant them this permit before January, when they 're thinking of building. And Senator -- Senator Welch stood up and said about you know: that this is particular to my district. Senate B11l 2231 was particular to his district. This is just as important. All we want them to do is vo through local siting approval, and I'm just askln: for an Aye vote.

PRESIDENT ROCK

All right. The Motion is to Discharge the Committee on Energy and Environment from further consideration of senate Bill 1852, and the Gentleman asks that the bill be placed on the Calendar on khe Order of 2nd Reading. Those in favor of the Motion will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted Who wish? Have a11 voted Who Wish? Have all voted Who wish? Have a1l voted who wish? Take the record. On that l85 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6: 1990 question, there are 23 Ayes, 27 Nays, 2 voting Present, and the motion fails. Further motions: Madam Secretary? 2-0-3-2. Senator Daley. 3-3. 2040. Senator Kustra. Read the motion. Top of Page 47, Ladies and Centlemen. A Motlon in Writing with respect to Senate Bill 2040. END 0F TAPE TAPE 5 SECRETARY HAWXERI I move ko -- discharge the Committee on Revenue from further consideration of Senate Bill 2040, and that it be advanced to 2nd Reading. Filed by Senator Kustra.

PRESIDENT ROCK

Senator Kustra.

SENATOR XUSTRA

Thank you -- thank youy Mr. President and Members of the Senate. This is the Property Tax Levy Limitation Act of 1990. It provides that no taxing district may levy a property tax which exceeds the prior year's levy by the lesser of five percent or the rate of inflaeion as measured by the Consumer Price Index. Levies Which exeeed that threshold Would be subject to referendum. It also has a provision which allows districts to capture new tax dollars generated from increased assessed value due to improvements or new construction. Earller in this day when Senator Netsch and I Were debating property tax relief, she raised the question of whether or not there would be a particular opportunity to capture those neW assessment dollars for new construction. This particular -- provision, from the beginning, l86 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16z 1990 allowed for that. What's most important about this particular approach to property tax limitation is that it caps at five percent. Right noW We have a bill that is on 3rd Reading Senator Netsch 's - that caps at nine percent, and frankly for those of us who come from Northern Illinois, where property taxes have been escalating at gigantic proportions, that simply doesn 't do the job. This particular bill, by capping it at five percent or the CPI: whichever is less, is effective property tax relief, and I Would ask for your consideraelon. PRESIDENT R0CK: A1l right. Question on a Motion to Discharge. Discussion? Senator Schaffer.

SENATOR SCHAFFER

Oh, I also rise in support on this proposal. Franklyg I think when -- one of the advantages of this abbreviated Session is welre getting to spend a little more time back in our districts, and don't know about the rest of you, but 1, for one, have been getting an awful lot of heat about property taxes and inflation-driven property tax increases. I suspect in some parts of the State it's not a problem, but Wedre seeing some outrageous increases in property taxes that are not justified, and not conscionable. And that's what this is aimed at. It's a long Way to the Governor's desk, but this bill has some teeth in it: and we need to get this discussion on the Table, and We need to see this bill go forward.

PRESIDENT ROCK

The question às the Motion to Dkscharge the Committee on Revenue. Discussion? Senator Netseh. SENATOR NETSCH) Thank youz Mr. President. Yes. Senator O'Daniel just reminded me that this bill was put in a subcommittee. And 1et me suggest, Senator Kustray that number one, We noW have several l87 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9Qth Legislative Day May l6# 1990 bills that are out on the Floor. You had an opportunity to present the essence of what is in Senate Bill 2040 in an amendment this morning, to - I think it was to my bill - and that lost. So that it is not as if there has been no opportunity at a1l for this particular point to be raised. I Would further point out that I think what is out on the Floor right now, Which is a nine at nine percent - or a hundred and nine percent, if you will referendum kith virtually no exceptions - that is just those that are already in the Truth in Taxation Bill - is, indeed, a very tough, tight limitation on local governments. And I don't see that your five percent or CPI adds that much more, particularly you were successful in attempting to make acconmodation for the growth in those districts khat are experiencing high growth . would point out to you once more, I think you have not been successful in doing that in this bill, but I know that that is your intention. And if that's so, it seems to me that my version in 2255, which has none of those exceptions built in, is a much tougher version. I -- I don't really see why we need another bill out on the Floor at the present time.

PRESIDENT ROCK

Further discussion? Senator Fawell.

SENATOR FAWELL

Thank you very much. Coming from a district thak has really been hit extremely hard by tax increases, because of assessed valuation going up -- in fact, my assessed valuation on my own home went up fifty percent, and I am noW paying five hundred dollars a month real estate taxes. It seems to me that certainly Senator Kustra 's approach makes a great deal of sense. I happened to have been -- could you turn up? I happened to have been in the Revenue Committee While these bills were being discussed, and I was rakher amazed that only one bill, who happened to be the chairmands bill, managed to get out of committee, and everybody 188 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May 16, 1990 else's btll was put in a subcommittee. It seems to me that this is an important enough issue that those of us, particularly who come from districts that are so very badly hik by the assessed valuation, ought to be able to look at these bills, ought to be able to vote on them, up or down, and at least have a chance, rather than having one small qroup decide - for my districty anyway - what bills we are interested in at -- particularly when it comes to kax relief. think we ought to discharqe this bill.

PRESIDENT ROCK

Purther dkscusskon? Senator Dudycz.

SENATOR DUDYCZ

Well, thank you, Mr. President. I stand -- I stand in support of Senator Kustra's Motion to Discharqe 2040. %ou know, when we debated the Tax Accountability Amendment earlier this year, Senakor Netsch and others in this Body expressed their concern that -- saying that as far as khey were concerned. the problem was not the income tax in Illinois, the property <sicl with the taxpayers is in their property taxes. And yes, there are more than one -- bills on the Ploor or being deliberated in both Houses dealinq with the property tax issue. And I think that if you're sincere in -- in givinq some property tax relief to your owners, you will give serious considerations to every bill that deals With the property taxes and would support 2040.s discharge from committee.

PRESIDENT ROCK

Further discussion? Senator Jacobs.

SENATOR JACOBS

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I don't -- I guess I'm in opposition to -- to this discharge motion for maybe a different reason than everybody else. I guess I'm getking a little bi* tired of local qovernment l89 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6# 1990 bashing. And that's really al1 wedre talking about here. You know, we talk about the property taxes going up; Well: if you donlt like the property taxes going upr you already have a remedy. You ean vote the people out of office that are raising those taxes. And I think we dve got to get back to that responsibility. You know, whenever you look at the taxes Ehat ke collect on the Skate levele you look at the taxes We eollect -- on the Federal level, and then you look at the taxes you collect on the local levelg the only place you :et your dollarls worth is on the local level. And I think maybe it's tine to keep our damn nose out of their business.

PRESIDENT ROCX

Purther discussion? Senator DeAngelis. SENATOR DeANGELIS: ïes. Thank you, Mr. President. I know that the die is pretty much cast on the votes, but Senator Netsch, I do need to point out to you tha: there is a distinct difference between your bill and Senator Kustra 's bill. In Cact, from an elementary math standpoint, nlne percent is far greater than five percent. And there's a big difference there. But 1et me tell you where the major difference is, and that is that Senator Kustra's bill doesz in fact, take account for those situations in which communities have grown, have had need to build infrastructure for that groweh who under your billp would not be allowed to capture that. In fact, under the nine percent with no growth, you could actually be havins a tax -- referendum when the *ax is decreasing, because if the new growth is qreater khan ten percent, and they have to go for nine, that means they would be voting on a tax decrease. There virtually is no similarity in the two bills. And this bill, coupled with some type of meaningful property *ax relief: would put us on our way to ensuring that the property taxes will not rise Ehe way Ehey 've been rising in *he past. l90 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990

PRESIDENT ROCK

Further dkscusskon? Senator Philip.

SENATOR PHILIP

Thank youy Mra President and Ladies and Gentlemen of the Senate. Vou know, Wedve had the misfortune to have our tax bills out already in Dupaqe County, and I'd like to give you -- report to you the bad news. They are up on an averaqe of 14.3 percent. Now I know some of the other counties around us are not out yet. understand Kane County's tax bills are in the mail, or some of khem have hit the target already, but in most of the collar counties, they are not out yee. Cook County is not out yet; I've been led to believe theydre going to be out some time in August. Well, let me tell you one thin: there are some angry, angry people out there wholre going to have to make those installments and make those payments. I would suggest ko you this may be one of the few times this Session you may be able to vote for something that may give them a tax break on real estate, and suggest that you consider your vote and vote Aye.

PRESIDENT ROCK

Further discussion? Further discussion? Senator Kustra may close.

SENATOR KUSTRA

Thank you, Mr. President and Members of the Senate. I think Senator Dehngelks made tbe point that I would want to close on. Five percent's lower than nine percent: and if you take a look at the increases across *he northern parE of the State, I think that spells *he differenee, and it spells the reason why we ought to be in favor of this. Por those of you who are downskatew the fact is this bill simply isnlt going to affect many districts downstate. But for those of us who have been experienckng these large increases, this will help, and we need your help. Appreciate an Aye vote. 191 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6# 1990

PRESIDENT ROCK

Al1 right. Motion is to Discharge the Committee on Revenue from further consideraeion of Senate Bill 2040, and asks that the bill be placed on the Order of 2nd Readinq. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have all voted who wish? All voted who wish? All voted who Wish? Take the record. On that questionz there are 32 Ayesz 18 Nays, l voting Present, and the motion carries. 2225. Senator DeAnqelis. All righe. Supplemental Calendar No. 1. Wedre on supplemental number one. There is a motion with respect to Senate Bill 2181. Senator Newhouse. Okay. 2700. Senator Woodyard, I am going to rule ehae out ok order. Thatls a House Bill. We can -- talk to Pate, we can deal about that -- because it has to clear Rules Committee, and it is a House Bill: so it's not under the same kind of deadline. Senator Newhouse, do you wish to pursue the motion? All right. Read the motion, Madam Secretary.

Linda Hawker

I move that the Committee on Rules be discharged from further consideration of Senate Bill 2181, and thak the bill be placed on the Order of 2nd Reading. Filed by Senator Newhouse.

PRESIDENT ROCK

Senator Newhouse.

SENATOR NEWHOUSE

Thank you, Mr. President. This is a bill to -- that speaks to the problem of -- of -- of clear rates on parking lots in Ehe CiEy of Chicago, and I would move that we discharge committee, and place this bill on 2nd Reading.

PRESIDENT ROCK

All right. The Gentleman has moved that the Committee on Rules be discharged from further consideration of Senate Bill 2181. and that the bill be placed on the Order of 2nd Readlng. l92 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990 Those in favor of that motion will vote Aye. Opposed Will vote Nay. And the votin: is open. Have all voted who Wish? Have a1l voted who wish? Have a1l voted who Wish? Take the record. On that queseion, ehere are 12 Ayes, 13 Naysp 1 voting Present. And the motion fails. Is there any further business to come before the Senate? Senator Sam, for what purpose do you arise, sir? Senator Vadalabene. SENATOR VADALABENE) Mr. Chairman, I think I have a motion up there. Don't 12

PRESIDENT ROCK

All right. There has been a motion filed, the Secreeary informs me, with respeet -- another Motion to Discharge. Read the motiony Madam Secretary.

Linda Hawker

I move to discharge the Comaiktee on Appropriations I from further consideration of Senate Bill 1589, and that it be placed on the Calendar on the Order of 2nd Reading. Piled by Senator Vadalabene.

PRESIDENT ROCK

Senator Vadalabene.

SENATOR VADALABENE

Xes. Thank you, Mr. Chairman -- or Mr. President and Members of the Senate. It seems to me that what's good for the goose is good for the gander. It also seems to me that the Chairman of the Appropriations Committee was conveniently absene when Senator Lechowicz made the Motion ko Dlscharge Ehe Appropriations committee in regards to his funding for the Counkry of Poland. Now as an Italian, I take exceptions that I'd follow orderse and also try to do what I think is best for the State of Illinois. However, I am filing a motion noW after considering what is going on and What's taken place with the Committee Chairman that they don't object to motions once we've defeated Ehe -- the bills l93 1 ' I j ! STATE 0F ILLINOIS I 86*h GENERAL ASSEMBLX : REGULAR sEssloN ' SENATE TRANSCRIPT i I I I 90th Legislative Day May l6, 1990 I prior. NoW Senake 2ill 1589 is not a membership bill as the Chairman and the bipartisan appropriation committee indicate. This is appropriation to the Department of Conservation in the amoune of up to one million dollars for the purchase of easements allowinq the Great River Roadg the Olney Parkway, one of the most scenic areas in the State of Illinois and in the Country. This is not a pork barrel bill. If it was a pork barrel bille I would have had to haul it down home in a trailer, but this bill skayed up here in the Department of Conservatlon. I was advised to do it this way, but the Chalrman of the Committeey Howie Carroll, and the bipartisan group, decided that this was pork. I want to be treated fairly just like everybody elsey and I don't think when I said I will not make a motion to file -- to discharge the Appropriations Committee -- that I kept my Word, but when others are attempting to circumvent the appropriations process, and get their bills on the Senate Eloor, then I khink I have been here long enough to :et my just dues also. So I file nowy Mr. President, for the discharge of Appropriations Committee to get that one million dollars to the Department of Conservation. PRESIDENT ROCK: All ràqht. Senator Vadalabene has moved to discharge the Committee on Appropriations from further consideration of Senate Bill 1589. Those in favor of that motion will vote Aye. Opposed will vote Nay . And the votlng is open. Have al1 voted who wish? Have all voted who wish? Have all 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 32 Ayes: 11 Nays, none voting Present, and the motion carries. Senator Smith, you have a motion on 1529. That will be the final motion, Ladies and Gentlemen. Then we'l1 adjourn until -- I am sorry. Senator I k Karpiel, for whak purpose do you arise? I

I SENATOR KARPIEL

I SENATOR KARPIEL: I 194 i I k I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May 16# 1990 1'11 wait till after Senator Smith's motion. I juse wanted to Table a bill. PRESIDENT ROCX) 0h, great. We're always -- that's always in order. Senator Dudycz, for what purpose do you arise? SENATOR DUDYCZ) Thank you, Mr. President. Just for an announcement. Immediately after we adjourn this afkernoon, there wi1l be a slide presentation in Room 400. Last Marchz State Representative Myron Kulas and I visited Eastern Europe, specifically the Soviet Ukraine - by the Way I might add it Was not at taxpayers' expense - and we observed their first-ever free elections. We documented the elections with photographs, and we Will be presenting a slide presentation. It'1l take approximately one-half hour, immediately after Session in Room 400 this afternoonr and everyone's invited. Thank you.

PRESIDENT ROCK

All right. A11 right. We 've got one final motion, Ladies and Gentlemen, if I can ask you just ko stay put for five more minutes. The motion filed, page 46 on the Calendar. There is a motion filed with respect to Senate Bill 1-5-2-9. 1529, Madam Secretary.

Linda Hawker

I move to discharge Senate Btll 1529 from the Senate Insurance Commiktee and have it placed on the Calendar on the Order of 2nd Readinq. Filed by Senator Smith. PRESIDENT ROCK; Senator Smith.

SENATOR SMITH

Thank you, Mr. President. Ladies and Gentlemen of the Senate, I beg to -- a Motion to Discharge the Committee on Insurance, and l95 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day May 16# 1990 khat the bill -- Senate Bill 1529 will be placed on the Calendar on the Qrder of 2nd Reading.

PRESIDENT ROCK

All right. Senator Smith has moved to discharge the Committee on Insurance from futther consideration of Senate Bill 1529: and asks that the bill be placed on the Order of 2nd Reading. Discussion? Senator Jones.

SENATOR JONES

Yes. Thank you, Mr. President. I suppork the Lady's motion, because she was away on official business, and didn't have an opporkunity to have her bill heard in committee. So I support her motion.

PRESIDENT ROCK

Further discussion? Senator Barkhausen.

SENATOR BAREHAUSEN

Mr. Presidenk, Members, I don't remember entirely what the -- what the circumstances were if if in fact it's correct that Senator Smith was away, I -- I assume she might have found a substitute sponsor. But in any case. and more importantly on the substance of the measure - since I don't think it was addressed in any way by Senakor Smith 's opening remarks - as I understand it, what this bill provides is that any maternity coverage offered under a commercial health insurance policy Would mandate that anyone who was a dependent also reaelves such maternity coverage. It is clearly a well-inkentioned idear but like a number of other measures that we have had before in this Session and in other Sessions, it is once again broadeninq mandated coverages for commercial health insurance pollcies that are regulated by the State Insurance Code. And none of us Wants to sound like a broken record, but at the risk of being one, let me just again restate the -- the position that I feel is true, that the more ke Randate, khe more commercial health insurance -- the cost of commercial l96 STAiE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9Gth Legislative Day May l6e 1990 health insurance is qoing to go up, and this is just one more example. Iêd like to make quickly one additional point that didn't make when speakin: to the clinical social worker bill, which is something we always need to keep in mind.

PRESIDENT ROCK

Senator Jones, for What purpose do you arise?

SENATOR JONES

Yeah. Thank you, Mr. President. With a11 do response to the Gentleman that's speaking, the motion is ko discharge the commitkee, no* the motion -- We are not talking about the substance of this bill nor the substance of a bill that he voted against. ïou must speak to the motion, and the motion is to discharge the eommittee not the substance of the bill.

PRESIDENT ROCK

All right. Senator Barkhausens you can confine your remarks to the motion, we'd a1l appreciate it.

SENATOR BARKHAUSEN

Very quicklyz Mr. President, I know a nunber of other discharge motions have seemed to dwell on the merits. Let me just quiekly finàsh my -- sy point is that where We are regulating the coverages of commercial health insurance policies, *e are not able to, because of federal law, deal in any way With policies of -- of the self-insured which are regulated by the federal Employee Retirement Income Security Act (ERISA) and therefore are exempt from any attempts by states to regulate them. So# wefre requlatin: a fairly small area of the markekplace and a shrinking portion of the marketplace' and where -- each tine We do this, we're providing disincentives for employers to provide commercial health insuranee, and T urge a No vote.

PRESIDENT ROCK

It's 3:15 in the afternoon, you know . All right. Any furkher diseussion? Senator Smith may close. l97 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day May l6, 1990

SENATOR SMITH

Mr. President and Ladies and Gentlemen of the Senate. And to my colleagueg think that you are out of order. I merely stood ko ask if this piece of legislation would be removed from the Insurance Table so that we can discuss -- we can discuss it in full. A1l I ask right now that the Assembly will perait me to move this here from the committee - thatls all - and then we can go into it.

PRESIDENT ROCK

Senator Smith has moved to discharge the Committee on Insurance from further consideration of Senate Bill 1529. Those in favor of that motion will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who wish? Al1 voted who wish? All voted who wish? Have al1 voted who wish? Have all voted Who wish? Take the record. On that question, there are 28 Ayes, 24 Nays, and l voting Present. And the motion fails. A1l right. Ladies and Gentlemen. Ladies and Gentlemen, we will -- we will reconvene tomorrow mornin:. Senator Smith, for what purpose do you arise?

SENATOR SMITH

My -- my button did not come on -- flash on.

PRESIDENT RQCX

Al1 right. The record Will so reflect. Senator Karplel: for whak purpose do you arise?

SENATOR KARPIEL

Thank you, Mr. President. Senaee Bill 2130 is at present on the Agreed Bill List. I would like to take it -- remove from the Agreed Bill List to Table

PRESIDENT ROCK

All right. Top of page 23, on the Order of 3rd Reading is Senate Bill 2130. Senator Karpiel moves to Table Senate Bill 2130. Discussion? If not, a1l in favor of *he Motion to Table 198 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSEON SENATE TRANSCRIPT 90th Legislative Day May l6# 1990 indicate by sayin: Aye. A1l opposed. The Ayes have it. The notion carries, and the bill is Tabled. All right. Ladies and Gentlemen, we will reconvene tomorrow morning at the hour of ten o'clock. Rules Committee will meet in 2l2 at 9:30, because of the action today where we have a number of bills that have been moved to the Order of 2nd Reading, will require us to be here on Friday if we are to deal kith those, so plan on being here Friday morning. If there is no further business to come before the Senate, Senator Vadalabene moves that the Senate stand adjourned until Thursday, May 17 -- Thursday morning at the hour of ten o'clock. Tomorrow morning at ten. Senate stands adjourned. 199 REPURTI PJ TIFLDAY GE: 001 STATE OF ILLINOI; 90/08/24 86TH GENERAL ASSEMBLY 15:38:36 EENATE DAILY TRANSCRIPTIGN JF OE8ATE INOE: *AY t6v 1990 FIRGT READJNG FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST RE/DING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRGT READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST REAOING FIRST READING FIRSY READING FIRZT READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING YIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST RE/OING FIRST READING FIRST READI<G FIRST REAOING FIRST READING FIRST READING FIRST RYADING FIRST READING FIRST READIRG FIRST READING FIR ST READING FIRST READING FIRST READING FIRST READING FIRST READJNG FIRST READING FIRST READING FIRST READING FIRST READING FIRZT REAOING FIRST READING REPORTI TIFLDAY STATE OF ILLI&SIS 90/08/24 PAGE: 002 86TH GERERAL ASSEI4BLY :5:38:36 SENATE DAILY TRANSCRIPTIGN QF DEBATE INDEX MAV 16. 1990 FfRST READING FIRST REZDING FIRST READING FIRST REZDING FIRST READING FIRST READING FIRST READING FIRST REAOIRG FIRGT REJDING FIRST ZEADING FIûST READING FIRST READING F'RST READING FIRST READING FIRST READING FIRST READING FIRSI READING FIRST ROADING FIRST READING FIRST RQAOING FIRST READING FIRST REJDING FIRCT READJNG FIRST READING FIRST READING FIRST READING FIRST REJDING FIRST ROADING FIRST READING FIRST RE/DING FIRST REZDING FIRZT READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRGT READING FIRST READING FIRST READING FIRST READING FIRST READING FIRZT READING FIRST READIN; FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRZT READING FIRST READING FIRST REA;ING FIRST READING FIRST READING FIRZT R6ADING FIR:T READING FIRST REJDING FIRST READING FIRGT READING FIRST READING CONFERENCE CQCkFERENCE CDNFERERCE RECALLED R#PURTJ TIFLDJY s'fASE QF ILLINOtS 9:/08/2* PAGEI 003 36TH GENERAL ASSEMMLY 15138:36 SER/TE DAILY TRANSCRIPTION OF OEDATE INDEX AAY t6v 199: ROTION MOTION RECALLED THIRD READING OUT OF RECORD THIRD REAZING SECPKD READIRG THIRD READING POSTPONED CONSIDERATION SECOND READING MOTIQN S6C0N0 READING THIRD READING SECQKD READING SECOND READING 0UT QF RECORO SECOND READING MOTIDN SECOND READING THIRD REA9ING THIRL REAOING SECOND REé0I&G SECOND READING TBIRD READING SECDND READING THIRD READING THIRD RfA9It4G SECOND READING SECOND READING 0UT 0F REEORD SECOND REAOIRG THIRO READING THIRD READING s6û0Nû READING RECALLED SECGND REAOING SECORD READING MOTIDN RECALLED THIRD REAOING RECALLE: SECUND READING RECALLED THIRD READING HELD 0N SECOND RECALLEO RECALLED AEEALLED SECOND READING SEGOND READING SECONO READING GECSND READING RECALLED SEEOND READING RECALLED RECALLQD HOTTON SECOND READING RECALLED THIRD READING THIRO READING THtRD RFADING SECOND READING THfRD READING REPORT: TIFLDAY STATE OF ILLINSIS 90/08/2: PAGEZ 00# 8*TH GENERAL ASSEMBLY :5138136 SENATE 7 DAILY TRANSCRIPTIDN DF DEBATE INDEX MAY t6v $990 58-2088 THIRD READING 58-2089 RECALLED 53-2097 THIRD REAûING SB-2tOk SECOND READING 58-2102 RECALLED SB-2t06 THIRO READING SB-2t10 RECALLEO 5:-2115 SEEOND REAOING GB-2115 RECALLED SB-2116 THIRD READING SB-2tt6 POSTPGNED CQNSIDERATION SB-2t3G TA;LED 58-2168 SECOND READING 58-2171 THIRD READING 58-2176 RECALLED SB-2181 ROTION SB-219O SECOND READING 58-2208 SECOND READING 5:-2213 SECUND READING 58-2228 THIRD READING :8-2231 THIRD READING 58-2237 GECGND READING 58-2239 SECOND READING 5:-2249 SECONO READING 5:-2253 SECONO REAOING 58-2255 SECOND READING 58-2256 THIRD READING SZ-22I* SECOND READING 58-2293 THIRD READING 58-2293 POSTPONED EONSIDERATIBN SR-1075 RESOLUTION OFFfR6D SR- t076 RESOLUTICN GFFERED SR- IOTT RESOLUTIPN OFFERED SR- 1O78 RESOLUTISN OFFERED SR-15T9 RESOLUTION DFFERED SR-1080 RESOLUTION OFFERED HJR-0t3l RESOLUTION OFFERED SJR-OIT6 RESOLUTIGN OFFERED SD:JECT XJTTER GENATE T5 DRDER - PRESIDENT ROCK PAGE l PRAYER - FATHER HUGH EASSIDY PAGE 1 JSURNAL - PQSTPSNED PJGE l MESSAGES FRON THE HJUSE PAGE 1 ADJCURNMENT PAGE l99