Illinois Senate Floor Debate — May 17, 1990

(Prayer by the Reverend Marilyn Brewer)

Thank you, Reverend. Reading of the Journal, Madam Secretary. Senator Zito.

Yes. Thank you, Mr. President. Good morning. I'd like to yield my time to Senator Jacobs.

Thank you: Senator Zito. PRESIDENT R0CK: Senator Jacobs.

Thank you, Senator Zito. Mr. President, I move that readlng and approval of the Journals of Wednesday, May 9th) Thursday, May 10th; Tuesdayy May 15th7 and Wednesday, May 16th# in the year 1990, be postponed, pending arrival of the printed Journals. And I thank you, Mr. Zito, for the time.

All right. You've heard the motion as placed by Senator Jacobs. Any discussion? If not: al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. The motion carries, and it's so ordered. Messages from the House. SECRETARI HAWKER: l I A Message from the House by Mr. O 'Brien, Clerk. I Mr. President -IamdirectedtoinformtheSenatethat 1 1  STATE OP ILLINOIS 86th GENBRAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 91st Legislatkve Day May l7, 1990 the House of Representatives has passed bills of the following . titles, in *he passage of whieh I am instructed to ask the l I coneurrence of the Senate, to wit: House Bills 1018, 1442, 1585, 2366, 2367, 2378, 3010 <sicl (3020), 3120, 3134, 3146, 3167, 3397, 3398, 3404, 3483, 3523, 3527, 3561, 3777, 3816, 3823, 3838, 3843, 3914, 4031, 4074, 4128, 4129, 4141, 4149 and 4187. Passed the House, May l6, 1990. I have a like Message on House Bills 1560, 3197, 3390: 3393, 3604, 3903, 4135, 4159: 4173 and 3028, which passed the House, May 15, 1990. Filed by John P . O'Brien, Clerk of the House.

lst Reading. Messaqes from the House.

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 adoption of which I am inskructed to ask the concurrence of the Senate: to wit: House Joint Resolution l15 And it is substantive.

Executive. Resolutions.

fenate Resolution 1081, 1082, 1083 and 1084 offered Senator Savickas. Senate Resolution 1087 offered by Senator Zito. Theydre all eongratulatory. PRESIDENT ROCK: ' Consent Calendar.

2  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17# 1990 E l ! Senate Resolution 1085 and 1086 -- pardon me -- 1086 -- 1085 --pardonme--offeredbySenatorSavickas. 1 And 1Q86 offered by Senators Weaver and Carroll. They're b0th substantive. PRESIDENT ROCK : Senator Savickas, for what purpose do you arise? SENATOR SAVICKAS : On the resolution -- was it 10857 Is that dealin: with the Transportation Con ittee? %es. Mr. President, I would like, at this poiht, to seek immediate consideration. The purpose of this resolution is to ereate a Com ission, from five members of the Transportation Conmlitteeg to meet and work out a -- the proper legislation regardin: tow -- the tow codification bills that we -- we were discussinq. I have a bill - Senate sill 2337 - that dealt with changing the Towing Code. We had mek with both the State Police, the ICC, the Secretaries of State, and the various tow operators . We seem to acco- odate the State Police , the Secretary of State and the ICC. The toW operators did have problems. And instead of pursuing With a bill that may -- may cause some concern, we would like this Resolutio/ to pass so that our small com ission could sit.down, study, work out, whatever problems they are; come back, hopefully, Wkth a proper proposed 7 l t legislation; and put the -- amend it to the bill. So instead of just rushing through With a bill that may have flaws in it, we would like the committee to sit down and kork this out. Hopefully, it can be done before We adjourn. If no*, I'm sure that it will be Worked out throughout the summer. And that is the purpose of this JtResolution. PRESIDENT ROCK: Al1 right. Senator Savickas has moved to suspend the rules for the immediate consideration of Senate Resolution 1085. Discussion? Senator Fawell -- I'm sorry, Senator Philip. 1 i 3  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 1990

Thank you, Mr. President. We haven't seen a copy of the ?Resolution at this point . And I mean --

Al1 right. Why don't --

What's the bi: rush? Why can't it go -- we're going to have an Exec Committee meeting next Tuesday or Wednesday, why can 't it. (-10 to the --

Nexk Wednesday.

-- normal route . What 's the big rush?

Al1 right. Why don't we just read it in; We'11 assign it to the Executive Conunittee; and you can visit With everybody and see if -- otherwise, it Will be heard next week in the Executive Coa ittee. All right. Executivey Madam Secretary. Both of those resolutions in Exerutive. Al1 right. Ladies and Gentlemen# just so everybody 's on the same wavelength, We will begin - while the Members are gathering and gathering their files we'11 begin on House Bills lst Reading, and I would again direct your attention to the -- that Order of Business. Beqinning at Page 24 on the Calendar, there are a number of House Bills that have not yet been picked up by a Senate sponsor. So we'11 go through the bills that have been picked up, and they '11 be assigned to the Rules Colnmittee. The Rules Conlmittee will meet next Tuesday after adjournment. After lst Reading, We Will begin im ediately on Senate Bills 2nd Reading at the bottom of Page 2. There are about twenty bills on 2nd Reading: and then We Will begin on Recalls. I -- I am told that there are four Members who have requested the opportunity to reeall bills from 3rd Reading. And then we'11 4  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 begin on the Order of 3rd Reading at Page 6# in attempt, obviously, to handle our business expeditiously. House Bills 1st Reading, Madam Secretary. SECRETM Y HAWKER : House Bill 1817 offered by Senators Smith and Alexander. (Secretary reads title of bill) House Bill 2619 offered by Senator Holmberg. (Secretary reads title of bill) House Bill 2647 offered by Senator DeAngelis. (Secretary reads title of bill) House Bill 2685 offered by Senator Collins. (Secretary reads title of bill) House Bill 2873 offered by Senator Barkhausen. (Secretary reads title of bill) House Bill -- pardon me -- 2839 offered by Senator Marovitz.. (Secretary reads title of bill) House Bill 2845 offered by Senator Geo-Karis . (Secretary reads title of bill) House Bill 2887 offered by Senator Watson . (Secretary reads title of bill) House Bill 2959 offered by Senator Hawkinson. (Secretary reads title of bill) House Bill 2964 offered by Senator Severns . (Secretary reads title of bill) House Bill 3050 offered by Senator Jacobs. (Secretary reads title of bill) House Bill 3067 <sic> (3063) offered by Senators Vadalabene and Raica. (Secretary reads title of bill) House Bi11 3090 affered by Senator Watson . (Secretary reads title of bill) House Bill 3099 offered by Senator Schaffer. 5 1  STATE OF ILLINOIS . 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 (Secretary reads title of bill) House Bill 3136 offered by Senators Watson and Vadalabene. (Secretary reads title of bill) House Bill 3299 offered by Senator Berman. (Secretary reads title of bill) House Bill 3324 offered by Senators Schaffer and Luft . (Secretary reads tit1e of bill) House Bill 3358 offered by Senator DeAnqelis. (Secretary reads title of bill) House Bill 3368 offered by Senator Brookins. (Secretary reads title of bill) House Bill 3400 offered by Senator Brookins . (Secretary reads tltle of bi11) House Bill 3468 offered by Senators Carroll and Schuneman. (Secretary reads title of bill) House Bill 3475 offered by Senator Savickas. (Secretary reads title of bill) House Bill 3573 offered by Senator Woodyard . (Secretary reads title of bill) House Bill 3585 offered by Senators Rea and Ralph Dunn. (Secretary reads title of bill) House Bill 3591 offered by Senator Mahar. (Secretary reads title of bill) House Bill 3599 offered by Senator Kelly. (Secretary reads title of bill) House Bill 3655 offered by Senator Zito . (Secretary reads title of bill) House Bill 3679 offered by Senator Barkhausen . (Secretary reads title of bill) House Bill 3789 offered by Senator Collàns . (Secretary reads title of bill) House Bill 3817 offered by Senator Berman . 6  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 (Secretary reads title of bill) House Bill 3829 offered by Senators Alexander and Brookins. (Secretary reads title of bill) House Bill 3831 offered by Senator Welch. (Secretary reads title of bill) House Bill 3841 offered by Senator Jacobs. (Secretary reads title of bill) House Bill 3842 offered by Senators Watson and Fawell. (Secretary reads title of bill) House Bill 3891 offered by Senator Davidson. (Secretary reads title of bill) House Bill 3933 offered by Senator Watson. (Secretary reads title of bill) House Bi11 3966 offered by Senator Jones. (Secretary reads title of bill) House Bill 3998 offered by Senator Watson. (Secretary reads title of bill) House Bill 4036 offered by Senator Holmberg. (Secretary reads title of bill) House Bill 4071 offered by Senator Jacobs . (Secretary reads title of bill) House Bill 4114 offered by Senators Davidson and Jacobs. (Secretary reads title of bill) House Bill 4120 offered by Senator Jones. (Secrekary reads title of bill) House Bill 4140 offered by Senator Daley . (Secretary reads title of bill) ilouse Bill 4178 offered by Senator Jones. (Secretary reads tit1e of bill) lst Reading of the bills. ...(machine cutoff)...

Ladies and Gentlemen, we Will begin on Page 2 on the Order of 7  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' 91st Legislative Day May l7, 1990 : Senate Bills 2nd Reading. Thatîs Senators Lechowicz, Jones, Vadalabeney Fawell, Thomas Dunnw Etheredge, Jones and Raica. ; Today: obviously, is the final day for 2nd Reading action, so I Would encourage those Members who have a proposal on 2nd Reading that this is the moment. Senator Davidson, for What purpose do you arisez sir?

Point of personal privilege.

State your point.

Mr. President and Members of the Senate, I'd like to introduce to you the Christian Elementary School from here in Springfield, who are in the gallery here to the rear.

Will our guests in the gallery please rise and be recognized. Welcome. All right. Madam Secretaryz on the Order of Senate Bills 2nd Reading, bottom of Page 2, is Senate Bill 1488. Read the bill, please.

Senate Bill 1488. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDENT ROCKI Any amendments from the Floor?

Senator Luft offers Amendment No. 1.

Senator Luft, on Amendment No. 1.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment No. 1 is the bill. It's an agreed bill of all 8  STATE OP ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislatkve Day May l7, 1990 *he banking coneerns - the Commissioner of the bank, Chairman Zito and Minority Spokesman Keats. Maybe one of the first times that all concerns are in agreement of the bill. The bill -- the amendment removes the five branch limitations imposed upon banks and pernits the establishment of ten branches in the home county of the establishing and maintaining bank, five branches in each contiguous county, and five in other counties if not more than ten miles from the main bankinq premise. It imposes distance restrictions upon the loeations of such branches based upon county populations. I Would move -- either answer questions, or move for the adoption of Amendment No. 1 to Senate Bill.o.lmachine cutoffl...

Senator Luft has moved the adoption of Amendment No. to Senate Bill 1488. Diseussion? Senator Hawkinson.

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

Indieates he will yield, Senator Hawkinson.

Senator, several weeks ago some constituents of mine told me thae there was an agreed amendment coming, and they thouqht that branching was going to be expanded in eight counties only. Is this that amendment, or is this a different amendment still?

Senator Luft.

That Was the initial amendment that was not agreed to. This amendment is -- been aqreed to by - what used to be called the ICB bankers - the small bankers, the IBA and the Commissioner.

9  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 Purther discussion? If not, Senator Luft has moved the adoption of Amendment No. l to Senate Bill 1488. Al1 in favor of the adoption of the amendment, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. 1489. Senator Lechowicz. Read the bill, Madam Secretary, please.

Senate Bill 1489. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Lechowicz offers Amendment No. 1.

Senator Lechowicz, on Amendment No. 1.

Thank you, Mr. President: Ladies and Gentlemen of the Senate. Amendment No. l is the amendment that Was offered in committee and adopted, and I am moving for the adoption of the committee amendmene. It's an amendment I reeeived from DCCA and the Bureau of *he Budget, which appropriates two hundred and fifty-five Ehousand dollars for Poland, two hundred and twenty-nine thousand for Hungaryr other costs of sixty-tko thousand five hundred a total of five hundred and forty-six thousand five -- five hundred dollars. I move for its adoption.

Al1 right. Senator Lechowicz has moved the adoption of  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day 8ay 1990 Amendment No. l to Senate Bill 1489. Discussion? Senator Pawell.

Will -- will the sponsor yield for a question?

Sponsor indieates he will yieldz Senator Fawell.

Where are we going to get this money? Does anybody know?

Senator Lechowicz.

Well, according to the Bureau of the Budget and the Governor's Office, out of General Revenue Fund. This is their amendment, not mine.

Further discussion? Senator Jacobs.

Thank you, Mr. President. And I I'm glad Senator Fawell asked that question' that was more or less the direction which was going. But I guess I'm a little concerned because I thought We had an agreement that there Would be no add-ons by any Members. I guess that if youdre the Governor you don't count, but I think that the Governor should count in this procedure, as well as we are. don't know whether or not we should be lookin: at any add-ons at this kime, and probably will vote No on this amendment.

rurther discussion? Tf not, Senator Lechowicz has moved the adoption of Amendment No. 1 to Senate Bill 1489. A11 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendmênt's adopted. Are there further amendments?

Amendment No. 2 offered by Senators Brookins and Keats.

! STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : 91st Legislative Day May 17z 1990 ! I Senator Brookins, Amendment No. 2. SENATOR BROOKINS: Thank you, Mr. President. As Was stated before, I think that I -- it is only right that we have a trade office in Zaire, Africa. I think that it -- the benefits of the State of Illinois will be fantastic. And with that, I khink I read into the record the reasoning for it - whether it will promote the economy of the State of Illinois, provide jobs, create export and import position. And with that, I'd like a favorable vote. PRESIDENT ROCK: Discussion? Senator Lechowicz. Ladies and Gentlemen, if I can have your attention. I am going to have to ask the staff to take their conferences off the Floor. ' SENATOR LECHOWICZ: Mr. President, Ladies and Gentlemen of the Senate, Ifm going to have to oppose this amendment. I mean, even though it may be offered in the best of intentions, and I could probably support it in a different bill, but I know how difficult and how hard the -- the commitment that was made between the Governor's Office and the - - also our current candidate, Neil Hartigan, When Lech Walesa Was in town, and Tadeusz Mazowiecki, and in conjunction With the importance of having a trade ' office available in Eastern Europez I donît know of any discussion With the Governor's Office or BOB for this project. And for that reason, I'm going to be opposing this amendment. PRESIDENT ROCK: Further discussion? Senator Keats. Keats. SENATOR KEATS: Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise to support Senator Brookins' amendmenty as I just supported Senator Lechowicz's amendment. As we expand our trade offices - as you may -- as many people may be aware - Illinois, if 12  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 we Were a separate nation, is the fourteenth largest gross national product in the world, and we are one of the largest exporting nations in the world. We have absolutely no trade offices in Africa - none Whatsoever. And the economy in Zaire, frankly, is -- is in as good a shape as much of Eastern Europe. And I think if we are going to expand into that market, we would be the first American state and one of the first major nations in the world to have a trade office that centrally located to the strongest portion of the African economy. And it truly is a major economic force in -- on the continent of Africa. It's a nation. Seventy percent of the natlon is Christian. Many people don't realize that. Their major languaqe is French. There are a substantial number of people who speak English. Frankly, I just think it makes good economic policy to get in on the ground floor. We put an office in Moscow to get in on the ground floor. And 1et me tell you, the economy in Zaire is no worse than the economy in Russia.

Further discussion? Senator Dudycz.

Well, thank you, Mr. President. Although it is a good idea, think that Senator Brookins' amendment should be placed on another effort. Just like Senator Brookins is interested in having a trade office in -- in Zaire, I am also interested in -- seeing a trade office being placed in the capital of the Ukraine - in Kiev. But this is not the -- this is not the place to do it. I would like to sit down with Senator Brookins and possibly work out something where we can -- which can be mutually agreeable to al1 of us, but 1489 is not the issue. This -- this -- 1489 -- Senate Bill 1489 deals With the trade office in Poland, and I think that we should keep it as pure as we can. And -- and we will discuss your concerns and my concerns in another bill. And I I think  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 that We should defeat this amendment.

Further discussion? Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. ïou know: Iîve been telling everyone all week long that calls me - my management people. my labor people - that are calling about taking two hundred and forty-eight thousand lousy dollars a*ay from labor management councils that are working. The other side of the aisle is talking about contracts and dollars and et cetera. These labor management councils are controlling billions and billions of dollars Worth of contracts. They 're doing an excellent job. They -- itls a -- a move toward lack of strikes. It's doin: a 1ot of good things. And Wedre telling people we don't have the money to do that; but then I'm going to have to go home and tell them We can't do that, but We can sure as the devil put an office in -- in Poland, or in Hungary, and in Zaire. And I just think that these things are a1l a move in the Wrong direction at this particular time. Another day, another place - sood idea.

Furkher discussion? Senator Alexander.

Thank you, Mr. Speaker. I rise ln support of this motiony and I also support the motion by the sponsor of the bill. In Zaire, we're looking at a possibility of the -- a trade office, which that country now has copper, gold, silver, tin, and it contains sixty percent of the world's reserve of cobalt. I think it would be excellent idea for the economy for the State of Illinois that we consider both of these entities - the one in Poland and the one in Zaire - because it Would be an asset to us as a State .

Further dlscussion? Further discussion? Senator Brookins may 14  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day MaY 1990 close.

Thank you, Mr. President. I think that We're looking at investments - if we're looking at helping the economy of Illinois then certainly we should take this opportunity to move into one of the richest countries and one of the richest continents in the world . Ik will be the first trade office in that country. and IIm sure that Illinois would profit qreatly by it. I ask for a favorable vote.

The question is the adoption of Amendment No. 2 to Senate Bi11 1489. Those in favor of the amendment will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted Who wish? Have all voted who Wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question: there are 27 Ayes: 25 Nays, 1 voting Present. Amendment No. 2 is adopted. Further amendments?

No further amendments.

3rd Reading. 1532. Senator Jones. Read the bill, Madam Secretary, please. Top of Page 3, Ladies and Gentlemen, on the Order of Senate Bills 2nd Readingg Senate Bill 1532.

Senate Bi1l 1532. tsecreeary reads ti*le of bill) 2nd Readin: of the bill. The Commlttee on Insurance, Pensions and Licensed Activities offers Committee Amendment No. 1.

Senator Jones, on Committee Amendment No.

Yeah. Thank you thank you, Mr. President and Members of  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l?y 1990 the Senate. Amendment No. 1 provides that the practice of esthetics would be under the purview of the cosmetologistsy and moves its adoption.

A11 right. Senator Jones has moved the adoption of Committee Amendment No. l to Senate Bill 1532. Discussion? If noty a1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further committee amendments.

Any amendments from the Floor?

Senator Jones offers Amendment No. 2.

Senator Jones, on Amendment No. 2.

Yeah. Thank youy Mr. President. Amendment No. 2 is really a clean-up amendment of the Act we passed last year, and it provides that a person may bring action against a school if -- if he suffers damage as a result of the violation described or enumerated in the Article, and I move lts adoption.

All right. Senator Jones has moved the adoption of Amendment No. 2 to Senate Bill 1532. Discussion? Senator Barkhausen.

Will the sponsor yield?

Indicates he will yield, Senator Barkhausen.

Senakor Jones, I'm looking at the simple language that the amendment Would change here, and I'm just wonderinq why this is 16  STATE OF ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May 17, 1990 necessary. Who -- who wants it?

Senator Jones.

This is a sugqestion that -- coming from the Legal Assistance Foundation: who worked on this Act with Senator del Valle. And in the Act, it referred to Act instead of Article, so what this does is clarify the intent. And and this is, more or less, a clean-up amendment of the Act.

Further discussion? If not, the question is the adoption of Amendment No. 2 to Senate Bill 1532. A1l in favor, indicate by saying Aye. All opposed. The Ayes have The amendment's adopted. Are there further amendments?

Amendment No. 3 offered by Senator Jones.

Senator Jones, Amendment No. 3.

Yes. Amendment No. 3 ineludes the practice of esthetics under the Barbers' Act, so that barbers can also practiee esthetics, and I move its adoptian.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones has moved the adoption of Amendment No. 3. Is there discussion? If not, those in favor will indicate by saying t Aye. Opposed' Nay. The Ayes have Amêndmenb No. 3 is adopked. Further amendments?

Amendment No. 4 offered by Senator Jones.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislatkve Day May l7, 1990 Yeah. Thank you, Mr. President and Members of the Senate. Amendment -- Amendment No. 4 is the clean-up amendment for the Clinical Psychologist Aet. There Was problems when -- ln the drafting of the rules. The Department of Professional Regulations and the Illinois Psychological Association worked toqether and came up with this amendment. What it does is grandfather certain individuals in who have worked for the Statee and also persons who worked for -- not worked, but who went to doctoral programs that were accredited. This is an agreed amendment between the Department and the Association, and move its adoption.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Jcnes bas moved the adoption of Amendment No. Is khere diseussion? If noty those in favor Will indicate by saying Aye. Opposed, Nay. The Ayes have ie. Amendment No. 4 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1589. On the Order of Senate Bills 2nd Readin: is Senate Bill 1-5-8-9, Madam Seeretary .

Senate Bill 1589. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

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

No Floor amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senator Severnsy for what purpose do you arise?

Thank you, Mr. Presidenk. rise on a point of personal 18  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 privilege.

PRESIDING OFPICER: (SENATOR DEMUZIO) State your point.

I#m honored to have -- excuse me -- I'm honored to have with us today, in the Senate gallery, students from Ben Franklin School. And I Would like the Senate to join me in honoring their presence today.

PRESIDING OFPICER: (SENATOR DEMUZIO) If our guests in the gallery will please rise and be recognîzed by the Senate. Welcome to Springfield. Senate Bi11 1629. Senator Fawell. Senator Fawell on the Floor? 1644. Senator Thomas Dunn. On the Order of Senate Bills 2nd Reading is Senate Bill 1644: Madam Secretary. Would you read the bill: please?

Senate Bi11 1644. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue offers Committee Amendment No.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Senator Dunn. Could We have some orderz please? Take the conferenees off the Eloor. It'l1 go a lot faster today if we -- Senator lhomas Dunn.

Thank you, Mr. Prestdent. This allows a home rule municipality to abate taxes on newly constructed single-famlly or a duplex home, and the abatement can be up to ten years. The same percentage of abatement must be uniform. And it applies to areas that come under a definition of urban decay, Which is an area in a municipality that's experienced a decrease of five percent or more in population or average assessed valuation of the real property 19  STATE 0F ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day MaY 1990 within five years, or an area in which no building permits have increased for a three-year period. The fear that's been expressed is that city councils and the like might abuse this. I don't think they will. I think we can trust our local officials to fairly and equitably apply this, and I think it Would be a boon to areas. I urge a favorable vote and will answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Dunn has moved the adoption of Committee Amendment No. Is there discussion? If notw those in favor will indicate by sayinq Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. is adopted. Further committee amendments?

No further committee amendments.

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

Senator Thomas Dunn offers Amendment No. 2.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senaeor Dunn.

Thank you, Mr. President. like -- 1 believe thatls withdrawn.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 riqht. Madam Secretary, the Gentleman indicates ehat he wishes Eo have the amendment wlthdrawn. Leave is granted. The amendment is withdrawn. Purther amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1647. Senator Etheredge. On the Order of Senate Bills 2nd Reading -- 1651. Senator Jones. On the Order of 20  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legkslative Day May l7, 1990 Senate Bklls 2nd Reading ks Senate Bi11 1-6-5-1, Madam Secretary.

Senate Bill 1651. tsecretary reads title of bill) 2nd Reading of the bill. No committee amendments.

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

Senator Berman offers Amendment No.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Bermanz on Amendment No. SENATOR BERMAN; Thank you. This is a bill that provides a new retirement system for downstate State's Attorneys and Public Defenders. takes care of everybody except for one little county up north I think it's called Cook County. My amendment brings Cook County into it. I think if we're going to help the rest of the Skateg we certainly ought to help those very dedicated public-spirited people who are employed in the State's Attorneys' and Publkc Defender's Office. I move the adoption of Amendment No.

PRESIDING OFFICER: (SENATOR DEMPZIO) A1l right. Senator Berman has moved the adoption ot Amendment No. 1. Is there discussion? Senator Jones.

Yeah . Thank you, Mr. President and Members of the Senate. I can appreciate the conaern that the sponsor of the amendment has for those Stateês Attorneys in Cook County. However, after talking with them and the current administration there: they did noE want to be included. So therefore, I am opposed to this amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Saviekas. 21  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legkslative Day May l7# 1990

Yes. Mr. President, is this the bill that allows attorneys to go into the judicial pension with eighty-five percent of their salary? Where they after one year they -- they can bring in their other time?

PRESIDING OFFICER: (SENATOR DEMUZIO) Welly Senator, lf youdre posinq that question to the Chair, think perhaps you should pose it to --

Oh# I thought the sponsor of this amendment knew what Was in it.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well -- well, you were asking -- you Were addressing yourself to me instead of

Oh, I1m sorry -- I'm to Mr. -- Senator Berman.

PRESIDING OFFICER: (SENATOR DEMUZIO) Oh. Senator Berman.

The amendment doesn 'k do anything different than the rest of the bill does, except -- except --

Well, what -- What does -- what --

-- excepte Senator Savickas, it includes the Cook County Stake's AtEorneys and Public Defenders. The bill, as introduced, does something for a1l the rest of the State's State's Attorneys and Public Defenders. For the details of khe bill and what does, IId defer to Senator Jones.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well -- Senator Savickas.

22  STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day Ka# 1990 Senator, I thought you 'd amend the bill, you'd know the details of what you're doing With it now. Does this bill allow the attorneys to get into the judicial system - judges' pension - at eighty-five percene of whatever salary they're going to bring in after a year?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones.

Well. Right now, the bill ks simply a vehicle bill at this moment. But the amendment that I Will offer, I will discuss that at that particular time. Bue currently, right now, there is no such lanquage in the bill as it relate to prosecutors going into the judges retirement system.

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

I'm not sure kho to address the question to. I know Senator Berman's amendment -- addressing is -- is not actually the total amendment. heard part of Senator Savickas' questions. I'm just krying figure out how people qualify. %e've got the amendment here. I can figure out it's eighty-five percent. I can't I have nok yet been able to find out What the pay-in is - what the eligibility standards are. Are these questions for Senator Berman, or should we hold them for the -- the bill later? 'Cause we'd like to know .

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Keats, are you -- have you --

Mr. President, I asked you a question of who answers my question. We Weren't sure. think Senator Jones is tryin: to hint that he fs who should be answering the question.

PRESIDING OPFICER: (SENATOR DEMUZIO) 23  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 1990 Well, Senator, it's not the Chair's prerogakive eo call upon Members to answer other Members' question. If you Wish to pose a queseion to Senator Jones, that is perfectly within your right. He doesn't have to respond however, if he doesn 't -- chooses not to wish to. Senator Jones. SENATOR JDNES) Yes. If the asker of the question can defer those remarks later on the next amendment, then 1911 answer that question for you.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Schaffer. Senator Dudycz. Sènator Dudycz, could we -- so I can see Senator Schaffer?

If -- if I understand

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer.

- - and I have a question for Senator Berman. 1 think all Senator Berman is trying to accomplish here is ko see that the people in these same positions in Cook County get the same treatment that the ones downstate do. And I think what he's fureher suggesting is that that's only fair and reasonabley and Without that that the -- some of the people Who favor the eoncept from Cook County will have a tough time supporting it on final passage. And I see, from his nodding head, he agrees with me. Well, some of us who think ik's a horrible ldea for downstate should oppose this amendment so that our friends from Cook County W1ll help us send this thing to oblivion - where it truly deserves to go . I would request a roll call and a No vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer, on this amendment? Further discussion? Senator Schaffery were you requesting that on this amendment? Al1 24  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day Ma# 1990 right. Further discussion? Senator Berman nay close.

All right. Just for the recordz Senator Schaffer, I like the bill as Senator Jones is going to explain it on the next amendment. I think that khere is a great disservice that presently exists throuqhout the State regarding State's Attorneys and Public Defenders. We expect these attorneys - many whom are young attorneys - to do a great dedicated job in our criminal justice system, and we really provide them with very little incentive to stay for any length of time in their jobs. Now that's the explanation and justification for the total bill. The problem that this amendment addresses is if that rationale is a good one - and I suggest to you that it is - that then ought to apply to every one of these people throughout the State. That's what my amendment does. So I would suggest instead of taking Senator Schaffer's highly political and -- and -- attempt to divide our State between Cook County and downstate, that you allow the bill to be amended, and vote it up or down on 3rd Reading. But at least that way we dre doing a fair approach to a11 of the State's Attorneys and Public Defenders throughout the Seate of Illinois. ask for an Aye vote on Amendment No. 1.

PRESIDING OFFICER: (SENATOR DEMUZIO) You still -- you persist -- Senator Berman has moved the adoption of Amendment No. l to Senate Bill 16Sl. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted who wish? iave a11 voted Who wish? Take the record. On that question, Ehe Ayes are tbe Nays are 36, none votinq Present. Amendment No. l fails. Further amendments?

Amendment No. 2 offered by Senator Jones.

PRESIDING OFPICER: (SENATOR DEMUZIO) 25  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May 17, 1990 Senator Jones.

Thank you, Mr. President and -- and Members of the Senate. Amendment No. 2 deletes everything after the enacting clause and essentially becomes the bill. The bill, in its eurrent form, had many, many mistakes in it. After working with the prosecutors, as Well as Mike Mory from the Retirement System: We came up With this amendment. It creates the Criminal Justice Retirement Systems -- System eonsisting of the followinq assistants: State's Attorneysy Public Defenders, Attorney Generals, State's Attorneys, Appellate Prosecutors, State Appellate Defenders. Benefits, contributions at -- are at levels that are applicable to judges. Provides for transfer of prior service for certain retirement systems. Tt excludes Cook County personnel. This is essentially the bill. There was many questions ralsed as to the eighty-five percentile that Senator Savickas Was concerned about. There are tWo formulas in this bill. Many of the prosecutors in the State of Illinois --

PRESIDING OFPICER: (SENATOR DEMUZIO) Pardon me, Senator Jones. Ladies and Gentlemen, I -- I -- if we could have some order please? I ean't even hear Senator Jones. Senakor Jones.

Many of the prosecutors are currently under the Social Security System, so therefore we have to have two formulas; one for those persons who are eurrently paying into Social Securityy and another for those who if -- when Ehey become parE this System Who kill not be part of the Social Security System. There are many, many questions as relate to the bill. Bue said, the amendment is essentially the bill. is the bill. And I move its adoption.

PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Jones has moved the adoption of Amendment No . 2. Is 26  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislatkze Day May l?y 1990 there discussion? Is there dkscussion? Senator Barkhausen.

Mr. President and Members, the -- the amendment is much improved over the original bill that we saw in committee. And 1, with some reluctance, supported it in committee, but did so expecting that a provision would be in this final bill that's -- that's not in it. And that is to to eliminate the discrimination between different classes of attorneys who -- who work for the State. In -- in the bill we have included Assistant Attorney Generals, but not included lawyers who work for other State agencies. And if the overall intent of -- of the bill is to try to provide ineentives for attorneys working for the government to stay involved in public employment for a longer period of time, and to do that by providing a more attractive pension system: we're doing that for one group of -- of attorneys on behalf of the State, but -- but not for another. And -- and I -- going to let the amendment go on, but I it does cause me concern with regard to the bill on final passage.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Xeats.

Questions of the sponsor.

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

Yeah. I have no objecEion to Ehe Amendmen: golng on, and yOu have the right to amend your oWn bill anyway you kant. But honestly, we're just tryin: to di: stuff out of it, and honestly can't find kt. We have found that kt's -- the eighty-five pereent and three and a half. I don't understand on Paqe 7, as example. Section 25-108 (b) and (c), welve gok different categories - one guy 's three and a half percent; another guy's 27  STATE OF ILLINOIS 86th GENERAL ASSEMDLY RECULAR SESSION SENATE TRANSCRIPT 9ls* Legislative Day May l7# 1990 three percent for his first ten years; another guyfs five percent and four and a half, and I1m just -- frankly, canlt figure out what some of that is. PRESIDING OFFICER) (SENATOR DEMUZIO) A1l riqht. Senator Jones.

Tbat -- that Seetion that you referred to, Senator, is the formula. See, those individuals who are currently either with IRMF <sic> (IMRF) or some other retirement systemr but they also pay into the Soeial Seeurity System, so that you have two formulas one for those who are participating in the Social Security System, and one for those who are -- who will not be participating in that system. Once they become part of this System, the newer members Will not be part of the Social Security System . That's why you have two formulas in there.

PRESIDING OPFICER: (SZNATOR DEMUZIO) Senator Keats.

Okay. Good. Thank you. Second questlon is - and just honestly have been unable to find it - what is their pay-in? Whae percentage of income is pay-in?

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Jones.

Por the noncovered employees under Social Securkty, will be eleven percent. Por covered employees, it Would be Seven percent of salary. And that seven percent is for those persons who are currently in the Social Security Retiremenk System. So thereforee they'll pay a lower percentage.

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

28  STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9lse Legislative Day May 17, 1990 Would the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indieates he will yield, Senator Philip.

And -- and I've been trying to keep up with the -- the question and answers that have been going on. Am I to assume, we pay a eleven and a half percent now for our eighty-five percent: and you want these attorneys to only pay four percent and the State pay the other four percent. Is that What I've been led to believe?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

As I indicated to you, Senator, many of these persons currently are a part of the Social Security System . They are paying into that. So therefore, in order to keep the benefits below -- eighty-five percent or belowz they are -- when they come ineo this System, they are a part of the Social Security System. So therefore, we are asking that they pay a lower rate. For those persons who are not -- who are not part of the Social Seeurity Syskem - who are not paying in - they kill pay a higher rate almost comparable to ours - that's the eleven percent.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Philip.

Yeah. You're telling me comparableg or ar9 you telllng me eleven and a half?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

It says in the bill eleven percent eleven percent.

PRESIDING OFFICER: (SENATOR DEMUZIO) 29  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 Senator Philip .

Yeah. That's still lower than ours. Has -- has the Attorney General taken a position on this yet the candidate for governor - is he for your bill or against it?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

I have not talked to Roland Burris about the bill, as of yet. But, I haven 't talked to the current Attorney General on this bill. But I know many, many prosecutors and persons who are employed there. They spend a very limited time there. And if we are goin: to haver in this State, well-tralned prosecutors, we must offer the benefiks for them. And I think you support that.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Further discussion? Senator Fawell.

Thank you very mueh. I have, in my family: a couple of -- of children, one of whom was an assistant state's attorney, one of Whom was a public defender. They - obviously, under your bill if they were presently employed, Would have been covered. Because what you're coverinq is not only the State's Attorney - Which I may not have any problem with - but youdre also including a11 the Assistant State's Attorneys in any other county besides Cook, a11 the Public Defenders and Assistant Public Defenders - who, by the way, in some counties can also have a -- a laW practice in any other county - a direetor, assistank director. attorney employed by the Office of the State's Attorney -- Attorney's Appellate Prosecutor, the Stake Appellate Defenderw the Deputy Defender - or the Assistant Appellate Defender - the Attorney General and by the Way, I thought he Was already under one pension plan, and when he just got seventeen percent increase khy in the world should he 30  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day Nay l7, 1990 get more - the Deputy Attorney Generat, the Solicitor General or a full-time Assistant Attorney General, including special assistant attorney generals who in the code department payroll, but under the full-time exclusive direction of the Attorney General. I mean, you know, we're goin: to be covering practically every lawyer in the State of Illinois at the rate youdre going. 1* just so happens that most of -- of the attorney assistant attorneys in downstate - you know, and I realize you are not a member of the downstate contingency - but most of tbem, frankly, get their trkal experience as Assistant Public Defenders or Assistant State's Attorneys. That's why they go into the practice. Once they 9et their trial experience they then go on to bigger and better things, and become defense attorneys and trial attorneys. Now, you know, this is noe a qood idea. This is goin: to cost downstate, in the State of Illinois, an absolute fortune. I would seriously sugqest that you take this out of the record and kill it.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Further discussion? If not: Senator Jones may close.

As I -- as indicated to the -- to the Body, the amendment is the bill. A lot of the questions that youdve raised, you ean raise 'em on 3rd Reading. But the -- the amendment is essentially the bille and wedll deal wkth that on 3rd Readkng. And I move its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones has moved the adoption of Amendment No. 2 to Genate Bkll 1651. Those in favor will indkcate by saying Aye. Opposed. 0h, there's been a request by Senator Savickas for a roll call. Those in -- a11 right -- those in favor of the adoption of Amendment No. 2 will vote Aye. Those opposed, Nay.  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 The voting is open. Have all voted who wish? Have al1 voted who wish? Have all voted Who wish? Have all voted who wish? Take khe record. 0n that question, the Ayes are l4, the Nays are 39z none voting Present. Amendment No. 2 fails. Further amendments?

Amendment No. 3 offered by Senator Berman.

PRESIDING OEFICER: (SENATOR DEMUZIO) Senator Berman seeks to withdraw Amendment No. 3. Leave is granted, and Amendment No. 3 is withdrawn. Further amendments?

No further amendments.

PRESIDING OPFICER: (SENATOR DEMUZIO) 3rd Reading. 1788. Senator Raica. Senator Raica on the Eloor? I'm sorry. 1788, Madam Secretary. A1l right. Take it out of the record. Senator Raica: for what purpose do you arise?

Mr. President and Ladies and Gentlemen of the Senate, I had opportunity to speak to all concerned parties on this billy and rather than mess up anything with the agreed bills process, I'm choosing not to aall the bill at this time.

PRESIDING OPFICER: (SENATQR DEMUZIO) All right. 1909. Senator Raica. 1809. On the Order Senate Bills 2nd Readinq is Senate Bill 1-8-0-9: Madam Secretary.

Senate Bill 1809. (secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations I offers Committee Amendment No. 1.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 32  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17e 1990 Committee Amendment No. 1 is the guidelines amendment and across the board reductions. Would move its adoption.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Carroll moves the adoption of Committee Amendment No. 1. Is there discussion? not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Commitkee Amendment No. 1 is adopted. Further committee amendments?

Committee Amendment No. 2.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President: Ladies and Gentlemen of the Senate. Consistent with the plan that We and the Republicans had announced jointly for a balanced budget, this would transfer the surplus five million dollars from the earmarked fund into the General Revenue Funde and I kould move its adoption.

Senaeor Carroll 's moved the adoption of Committee Amendment No. 2 to Senate Bill 1809. Discussion? If not: all in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further committee amendmenks.

Are there amendmenks from the Floor?

No Floor amendments?

3rd Readlng. 1951. Senator Jones. Read the bille please.

Senate Bi11 1951. 33  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May 17: 1990 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and Licensed Activities offers Committee Amendment No. 1.

Senator Jones, on Committee Amendment No. 1.

Thank you, Mr. President. We acted on this bill already. Al1 we was waiting for is the fiscal note, and the fiscal note has been filed.

A1l right. Committee Amendment - the Clerk -- I mean the Secretary informs me - has been adopted. Are there further amendments?

No further amendments.

3rd Reading. 2-0-1-2. Senator Welch. Read the bill, Madam Secretary, please. 2-0-1-2. Middle of Page 3, Ladies and Gentlemen.

Senate Bill 2-0-1-2. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

No Floor amendments.

3rd Reading. 2-0-1-3. Read the bill, Madam Secretaryy please.

Senate Bill 2-0-1-3. 1 34  I STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 ! (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

No Floor amendments.

3rd Reading. 2-0-1-5. Read the bill, Madam Secretary, please. SECRETARï HAWKER: Senate Bill 2-0-1-5. (Secretary reads title of bilk) 2nd Readin: of the bill. No eommittee amendments.

Any amendments from the Floor?

No Floor amendments.

3rd Reading. On the Order of Senate Bills 2nd Reading, bottam of Page 3, 2040. Senator Kustra. Read the bill, Madam Secretary, please.

Senate Bill 2-0-4-0. (Secretary reads tiele of bi11) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Kustra offers Amendment No. 1.

Senator Kustra, on Amendment No. 1.

35  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91sk Legislative Day May l7, 1990 Thank you , Mr. President and Members of the Senate. This is the amendment that would have been offered in committee. makes technical corrections and also provides that the limitations apply only to the annual corporate levy and other annual special purpose levies. The limktation does not apply to debt servkce levies and those levies made for the purpose of paying public building commission leases. This amendment also deletes the language which would have required the Department of Revenue to enforce the loeal tax extenskon process. would urge kts adoption.

All right. Senator Kustra has moved the adoption of Amendment No. to Senate Bill 2040. Discussion? Senator Netsch.

Thank -- oh, thank you, Mr. President. Senator Kustra yoo hoo -- just to be clear: this is identical to the amendment that you had available When we Were considering the bill in committee, is that correct?

Senator Kustra.

Xes, it is.

And --

Senator Netsch.

Thank you. And what the amendment does is to offer the existing Truth in Taxation exeeptions to your levy limit, is that correct?

Senator Kustra.

36  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Yes.

Senator Netsch.

Al1 rkght. Thank you. We '11 talk about the rest of it on 3rd Readinq.

A11 right. Senator Kustra has moved the adoption of Amendment No. to Senate Bill 2040. Discussion? If not, a1l in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. 2-1-7-4. Senator Jones. 2-2-6-7. Senator Marovitz. Madam Secretary, read the bill.

Senate Bill 2-2-6-7. (Secretary reads tiele of bill)

All right. Two amendments have already been adopted?

That is correct.

Are there further amendments?

Amendment No. 4 offered by Senator Marovitz. PRESIDENT ROCK; Senator Marovitz, on Amendment No. 4.

Thank you very muche Mr. Tresident and Members of the Senate. Amendment No. 4 to Senate Bill 2267 corrects something that was 37  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91%t Legislative Day May 17, 1990 brought up by one of my colleagues on the other side of the aisle, regarding a particular definition, and requesting that there be a specific definition in the legislation. In this leglslatlon, there is a specific definition requested by him, and also by Senator DeAngelis, who asked me to define the words in the leqislation. Those words are defined in the legislation, and those parts which were excluded are now included, and I would ask for adoption.

All right. Senator Marovitz has moved the adoption of Amendment No. 4 to Senate Bill 2-2-6-7. Discussion? If not, a11 in favor, indicate by saying Aye . All opposed. The Ayes have The amendment's adopted. Are there further amendments?

Amendment No. 5 offered by Senators Marovitz and DeAngelis.

Senator Marovitz.

I guess -- I didn't know there was an Amendment 4, but -- don't know what Amendment 4 Was, but why don't we go back, and can I ask that the vote by which Amendment 4 Was adopted be reconsidered? Am I correct that I Want to reconsider 4, Darrell? Or are they identical amendments? can't hear you. I Want to reeonsider the vote by which 4 was adoptedy for the purpose of Tabling . PRESIDENT ROCEZ A11 right. Senator Marovitz, having voted on the prevailing side, is moving to reconslder the vote by which Amendment No. 4 to Senate Bill 2267 was adopted. Discussion on the Motion to Reeonsider? Senator Fawell.

Could you tell me khat Amendment 4 does? I'm Just asking . I'm 38  STATE OF ILLINOIS I 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7z 1990 just asking what it does, thatls all. PRESIDENT ROCK: Sponsor indicates he will yieldz Senator Fawell. Senator Marovitz. SENATOR MAROVITZ: It puts in a specific definition that was asked for, and it's beinq Tabled. PRESIDENT ROCK: Al1 right. Senator Marovitzz having voted on the prevailing side, is moving to reconsider the vote by which Amendment No. 4 to Senate Bill 2267 was adopted. Discussion on the Motion to Reconsider? Senator Dudycz. SENATOR DUDYCZ: Yes. Thank you, Mr. President. I'd like to ask the sponsor a question. PRESIDENT ROCK: He indicates he will yield, Senator Dudycz. SENATOR DUDYCZ: Senator Marovitz, is this your amendment that you're -- you 're moving to reconsider? And which one is it? Could you please explain ko us? PRESIDENT ROCK: Senator Marovitz. SENATOR MAROVITZ: 1'11 tell you what, Mr. President. Wedve adopted Amendment No. 4? PRESIDENT ROCK: 4 -- 4 has been adopted. SENATOR MAROVITZ: Okay. Then I will just Table :o. 5, and leave 4 adopted, and move it to 3rd. PRESIDENT ROCK: I 39 I l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 1990 Gentleman seeks to Withdraw Amendment No. 5, Madam Secretary. Are there further amendments?

No further amendments.

3rd Readinq. Top of Page 4. 2291. Senator Brookins. Top of Page 2304. Senator Marovitz. 2-3-0-4. Yes, please. Read the bill, Madam Secretary, please.

Senate Bill 2304. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Are there amendments from the Floor?

Senator Marovitz offers Amendment No. 1.

Senator Marovitz, on Amendment No. 1.

Thank you very much, Mr. President and Members of the Senate. Amendment No. 1 addresses a problem that -- that is particular to certain districts in the State of Illinois where there are certain federally subsidized housing units where the Federal Government granted federal subsidies, and those -- and the time period has has come -- come due and those units are turned back into private housing, and the individuals are -- basically, can't afford the increase -- substantial increase in rents immediately after they come back on private line: and their -- their -- really have to move ouk of Eheir homes. So this amendment provides a deduction - - it provides an incentive for those individuals to be able to keep the elderly in their subsidized housing units, and provides a deduction for income derived from the rental of a low income 40  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 ! housing unit in a housing development which was financed by a federally subsidized mortgaqe and on which the mortgage haE been prepaid. And I would ask for adoption. Take care of these people so they don't be -- become homeless.

Senator Marovitz bas moved the adoption of Amendment No . 1 to 2304. Discussion? If not, al1 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. A1l right. Ladies and Gentlemen, the Recall Lisk has been -- I wonder if we can do the Recalls first, before you go to -- ks that a11 right? Just -- just help the paperwork. The Recall List has been distributed. We would like to move rapidly through the Recall List before we begin on the Order of Senate Bills 3rd Readinq, which will be final action. Senator Geo-Karis has indicated, as Senator Philip hasz that the Republicans Wish to have a caucus. And We Will honor that request, most certainly. After the Recalls. Can We do the Recalls first? Yes. A1l right.

.a. president --

Eenator Geo-Karls.

Right after the --

Thank you, I appreciate that. A1l right. Ladies and Gentlemen, if you'll take a look at the Recall List. 1614. Senator Daley. Senator Daley. 41  ! l STATE OF ILLINOIS I 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990

Mr. President and Members of the Senate, at this time I would like to Table this amendmentz as well as the bill - 1614.

Al1 rkght. Senator Daley ks moving to Table Senate Bil1 1614. Al1 in favor of the Motion to Table will indicate by saying Aye. A11 opposed. The Ayes have it. The motion carries. 1614 is Tabled. On the Order of Senate Bills 3rd Reading is Senate Bill 1644. Senator Dunn seeks leave of the Body to return this bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. 0n the Order of Senate Bills 2nd Reading, Senate Bill 1644. Senator Dunn.

Thank you, Mr. President. Ifd like to Table the committee amendment. And I Would also like to adopt Amendment No. 2 -- Floor Amendment No. 2, and I'd like the LRB number read, if I may, please.

All right. Senator Dunn, havinq voted on the prevailing side, is moving to Table Committee Amendment No. l to Senate Bill -- moving to reconsider the vote by Which Committee Amendment No. 1 to Senate Bi11 1644 was adopted. A1l in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have ît. The vote's reconsidered. Senator Dunn now moves to Table Committee Amendment No. 1 to Senate Bill 1644. Discussion? If not. a11 in favor, indieate by saying Aye. All opposed. The éyes have it. The amendment is Tabled. Further amendments?

No further committee amendments.

Amendments from the Ploor?

42  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 Senator Thomas Dunn offers Amendment No. 2.

Senator Dunn.

Could I please have the LR5 number read?

Yes. That's 861082603.

Thank you. Mr. President, this is the same bill that passed two minutes ago, but was put in reverse order. I ask for an Aye vote on the same bill.

Al1 right. Senator Dunn's moved the adoption of Amendment No. 2 to Senate Bill 1644. Discussion? If not, all in favor: indicate by saying Aye. A1l opposed. The Ayes have it. The amendmentls adopted. Are there further amendments?

No further amendments.

3rd Reading. 1761. Senator Joyce. Bottom of Page Senator Joyce 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 1761, Madam Secretary.

AmendmenE No . 1 offered Bv genator Jerome Joyce.

Senator Joyce.

Thank you: Mr. President. This is the result of many hours of work and hearing that many people put in - staff and Members regarding the problem of siting a low-level nuclear waste facility 43 I ! STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17r 1990 in the State of Illinois. We are trying to improve that site selection process by creating a three-member commission appointed by the Governor with advise and eonsent of the Senate, to evaluate tbe safety and suitability of any site proposed by DNS as a low-level radioactive gaste site. This amendment will create a commission that will review the preliminary design for the facility. And before DNS issues a license for the facility, the commission must review the license to ensure it is adequate for the site. I think that this Would bring back credibility to the process that we've a11 been so concerned about. A report is being made on the findings of this subcommittee, and ik will be made available to al1 of the Members. If there are any questions, I'd be happy to try and respond. PRESIDENT ROCK: Al1 riqht. Discussion? Discussion? If not: Senator Joyce has moved khe adoption of Amendment No. l to Senate Bi11 1761. Al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendmentz? SECRETARY HAWEER: No further amendments. PRESIDENT ROCK: 3rd Reading. Bottom of Page 7. Seqator Joyce Beeks leave of the Body to return Senate Bi11 1776 to the Order of 2nd Reading Eor purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1776, Kadam Gecretarv. SECRETARY HAWEER : Amendment No. 2 offered by Senator J.E. Joyce. PRESIDENT ROCK: Senator Joyce. SENATOR J.E. JOXCE: Thank you, Mr. President and Members of the Senate. Amendment 44 $  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENKTE TRANSCRIPT 91st Legislative Day May 17, 1990 No. 2 would require railroads to identify operating property by PIN number in those eounties where the PIN where the Permanent Index Numbering System is utilized. Under our present system , there are a number of properties that are not being taxed eikher because the assessor is unable to identify them, or -- and -- and that results either because the railroad is not exercisin: the necessary diliqence in assisting in tbis process or for some other reasons. And What this Will permit is the railroad property that is not bein: taxed to be taxed - i.e., We# homeowners and other property owners, who are, in effect: subsidizing this errory will be granted a fairer liability, and the railroad will either pay its fair share or be able to explain why they don't have to pay, once the assessor is aware of whether or not this property is operating property. I know that the railroads have exerted enormous pressure on this bill. We are not talking about a little dollar amount here. There are seventy-five khousand parcels located throughout the State. There were about eight hundred last year, I believe, that were identified and are presently being reviewed. So it's down to this: either the railroad pays or your other constituents pay. Somebody's payin: thîs real estate tax . Someone has to pay it. And the choice is ours today. If we adopt this amendment, we will assist the local taxing officials in bringing bringing some fairness into this problem. PRESIDENT ROCK: All right. Senator Joyce has moved the adoptkon of Amendment No. 2 Eo Senate Bill 1776. Discussion? Senator Rigney. SENATOR RIGNEY: Mr. President, I have a feW questions I'd like to ask of the sponsor. PRESIDENT ROCK: The sponsor indicates he will yield, Senator Rigney. SENATOR RIGNEY: 45 i !  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislatkve Day May 17, 1990 Okay. T don't have a eopy of your amendment in front of me, E buk is this the amendment that was presented in the Senate Revenue Committee, and was rejected at that levelz and also in the House ' Revenue Committee and -- and rejected? PRESIDENT ROCK: Senator Joyce. SENATOR J.E. JOYCE: This is the amendment that was in front of the Senate Revenue Committee, yes. PRESIDENT ROCK: Senator -- SENATOR RIGNEY: And rejected? PRESIDENT ROCK: Senator Riçney. SENATOR RIGNEY: Okay. Wouldn't this make the railroad really the only one that would - you know: thinking of those type of taxpayers - the only one that would have to -- to implement such a system? We don't do that anywhere else do we? PRESIDENT ROCK: Senator Joyce. SENATOR J .E. JOYCE: Well, I -- I don lt know -- I don't know What other entity controls seventy-five thousand unidentified parcels. PRESIDENT ROCK: Senator Rigney. SENATOR RIGNEY: Well, okay. Then -- PRESIDENT ROCK: Senator Rigney. SENATORRIGNEY: j 46  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Well, so as not to prolon: this, I think there's possibly one other objection that maybe didn't even surface in the -- in the course of the Revenue Committee hearinqs. I assume that a lot of this property does lie within Chicago and within Cook County, and you're going to, in effect, change the assessment procedure to keep that money Within Cook County and keep it out of the State channels which distributes it back on a mileage basis. Is that correct?

Senator Joyce.

Well, 1et me just say thks. There are large tracts of proper*y all over the -- al1 over the State that developers seem to be able to identify and and come forward and go to the railroad and sayy ''We would like to buy this property. We would like to put something up on it. This is property that the railroad 's not using for operatln: purposesw'' All we are saying is, why don't -- Why don't you, ''Mr. Railroads/' come in and help *he local assessing official identify those properties as to where Ehe eventually, where the tax revenues are going to go as a result of this property being properly assessed and taxed. don't know whether that's relevant or not for our discussion. don't think this upstate - downstate -- you have property if your county's using this PIN System - you have properties in your district that are not being properly assessed beeause they are not being properly identified. The railroad wants to conkinue thls. I Would too lf I Was the railroad.

Purther discussion? Senator Rigney .

Just close on this comment. In addition to the administrative detail that the railroads are not happy aboutz and singlin: them 47  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 1990 out for a separate procedure -- but I thlnk there are some kind of hldden tax implications here. And I pointed out to our friends throughout the balance of Illinois that it probably isn't in our favor what's being proposed. So I stand opposed.

Further discussion? Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 1, too: rise in opposition to this amendment for some of the same reasons that have just been put forward by the prior speaker. What we're proposinq to do here is a departure - a departure, in that we are imposing a burden on an industry that we impose on -- on no other. I would suqgest that that is an unfair tax that We a hidden tax that we Would be imposing on the railroad industry. I would also suggest to you that this is an invltaeion to ehaos. The Statutes already identify those who are responsible for assigning these numbers. Now if we're goin: to shift the burden so that we have more than one entity - public entity - assigning these numbers and then a -- a private industry, I Would suggest to you that thae is an invttation to chaos. I rise in strong opposition to this amendment.

All right. Further discussion? Further discussion? Question of adoption of Amendment No. 2. Senator Joyce may close.

Very briefly. senaeor Riqnêye the only thing hidden here ls the face that this practice is going on. That's probably hidden from a 1ot of property owners whom you and I represent. This is a departure, Senator Etheredge. Hopefullyr it's a deparkure from something that is not beinq done properly. And it -- the tax is due. The -- the railroad is liable for the tax. There's no question about that. The fact of the matter isw is khat the 48  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 91st Legislatize Day May l7, 1990 railroad is eseaping its liability for that tax because it can't ehe -- the assessing authority is unable to locate the property and convey that information through the process. ThaE's a11 we're asking here - very simple. I ask for an Aye vote.

All righk. Question is the adoption of Amendment No. 2 to Senate Bill 1776. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a11 voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that questionz there are 27 Ayes' 29 Nays, none voting Present, and the amendment fails. Purther amendments?

No further amendments.

3rd Reading. Top of Page 9. 1986. Senator Brookins. 1-9-8-6. Senator Brookins seeks leave of the Body to reeurn 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 1986, Madam Secretary.

Amendment No. 2 offered by Senator Tbomas Dunn. PRESIDENT ROCKI Senator Dunn.

Thank you, Mr. President. This amendmen: corrects a mistake of yeskerday whieh made this apply to public airports, and it should've applied to private airports, and it so states in the amendment. And I ask for a favorable vote. Be willing to answer any questions.

Senakor Dunnls moved the adoption of Amendment No. 2 to Senate 49  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May l7, 1990 Bill 1986. Discussion? If not, a1l in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 2143. Senator DeAngelis. In the middle of Page l0, Ladies and Gentlemene on the Order of Senate Bills 3rd Reading is Senate Bill 2143. Senator Dehngelis seeks leave of tbe Body tc 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 B:11 2143, Madam Secretary.

Amendment No. 3 offered by Senator DeAnqelis.

Senator DeAngelis, on Amendment No. SENATOR DeANGELTS: Thank you, Mr. President. Amendment No. 3 is quasi-teehnical in nature. Quasi, àn that it makes a substantive change in the bill that coineides with -- coincides with the intent of the author. And that is that I had no intention of eliminating the double deduction when I put the okher amendment on. This reinstitutes that double deduction. The other park is to correct an error in which Chicago would have reeeived a less than what the other parts of the State would have received as a reduction in their property tax rake. I urqe the adopkion of Amendment No.

Al1 right. Senator DeAnqelis has moved the adoption of Amendment No. 3 to Senate Bill 2143. Discussion? Senator Netsch.

Thank you, Mr. President. Just so that everyone is clear. this is a another version of Senator Dehnqelis' amendment to 50  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Senate Bill 2143. This is the one that involves the permanent income tax increase and the trade-off for some property tax reductions. While I think in Senator DeAngelis' mind this is a technieal amendment, it is, in fact, substantive. And again, because I think there have been so many versions of this floating around and I think there's a lot of confusion among the Members, and I simply want to call attention to the two substantive chanses in this version. 0ne is that with respect to the reduction in the allowable property tax rates for the City of Chicago, this version reduees those allowable maximum rates considerably under the original version of the amendment. And that is precisely what Senator DeAngelis wanted to do. END OF TAPE TAPE 2

Second thinq is that in the earlier version of the amendment, the double deduction for taxpayers on their State income tax of their property taxes was eliminated and only the single deduction was retained. In this amendment - and this of course is a major substantive cbange - the double deduction is continued. That, obviously, has a major impact on the -- the fiscal outcome of the bill. Now, I'm not going to try to stop Senator DeAngelis from having this amendment in whatever form he Wants. But agaln, think we should not have any illusion that this is simply a teehnical amendmenty it does have two major substantive impaets.

All right. Senator DeAngelis has moved the adoption of Amendment No. 3 to Senate Bill 2143. Dlscussion? If not, al1 in 51  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 favor, indieate by sayin: Aye. A11 opposed. The Ayes have it. The amendment's adopted. Purther amendments?

No further amendments.

3rd Reading. Senator DeAnqelis: for what purpose do you arise, sir? SENATOR DeANGELIS: Just on a -c Mr. President, I would like to commend the staff of the Economic and Fiscal Commission for their yeoman work on this particular issue. This bill has not been an easy bill to prepare. I'd like to commend our staff as well. But preparin: a lot of the information on this was rather hard work, and I really want to commend them for their really unbiased and rational approach to the analysis of this bill. PRESIDENT ROCF; Well said. Senator Netsch, for the fourth time.

Right. Not the last eitherg Mr. President.

Unfortunately.

Yeah, youdre right -- youdre right. The just cheer upy 1911 be gone next year. So may you, as a matter of fact. A11 right. Now. If I might -- may -- may just comment, because, you know, we don't often get to -- to extend accolodes to -- accolades, I'm sorry our staff. And what Senator DeAngelis is sayin: is that the staff of the Economic and Fiscal Commission is available to serve all Members of the General Assembly. We do not play favorites. And they are very good and they help everyone who asks. And that is precisely What Senator DeAngelis is saying . Thank you. 52 rx ' < STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day 8ay 1990 PRESIDENT ROCK: I thought it Was pretty clear what he was sayinge we didn't need your explanation, but -- 2208. Senator Jones seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 2208, Madam Secretary. SECRETARY HAWKER: Amendment No. l to Senate Bill 2208. PRESIDENT ROCE: Senator Jones. SENATOR JONES: Yeah. Thank yoa, Mr. President and Members of the Senate. Amendment No. l is essentially the billz and what it does is amend the Insurance Code to clear up some ambiguity as it relate to local taxes. It -- it deals with leases and sales and other transfer taxes that are currently not clear in the in the Insurance Code. This is essentially the billr and I move its adoption. PRESIDENT ROCK: Senator Jones has moved the adoption of Amendment No. to Senate Bill 2208. Discussion? If not, a11 in favorz indicate by saying Aye. A11 opposed. The Ayes have The amendment's adopted. Further amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCK: 3rd Reading. Ladles and Gentlemeny there's been one additional request for Recall since we started the list. With leave of the Body, wedll just add it. It is Senate Bill 1951. 1-9-5-1z which is found on Page Senator Jones, just a few minutes ago, filed an amendment. On the Order of Senate Bills 3rd  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May 17z 1990 Reading, Senate Bill 1951. Senator Jones seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave graneed? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 1951, Madam Secretary.

Amendment No. 13 offered by Senator Jones.

Senator Jones.

Thank you: Mr. President. Amendment No. 13 deletes everything afker the enactlng clause and make this simply just a vehiele pension bill. And I move its adoptiona

Senator Jones has moved the adoption of Amendment No. 13 to Senate Bill 1591 -- 1951. Discussion? If not: all in favor, indicate by sayin: Aye. A1l opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. All right. While I have your attention, Ladies and Gentlemen, we are obviously always pleased to see the Governor of the State of Illinois. Welcome, Jim . Youdre always welcome. When we return, Ladies and Gentlemen, ke will be beginning in the middle of Page 6 on Senate Bill 1491 and al1 the bills following, except those that were subject Eo Recall, and then we Will deal with the appropriation bills and the Agreed Bill List. Senator Geo-xaris.

Mr. President, Ladies and Gentlemen of the Senake, I'd like to remind my Republican colleagues, there is a caucus immediately in Senator Pate Philip's Office. 54  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day Ma# 1990

All right. That request is in order. .p.lmachine cutoffl... Senator Philipy can I visit with you a moment before we retire? o.. tmachine cutoffl... Al1 right. Ladies and Gentlemen, if -- if I can have your attention, the Republicans have requested a caucus immediately in Senator Philip's Office, and that request is always honored and will be honored. Suggestion has been made - and I think it's a qood one - that while they are retiring to Senator Philip's Office, that we read in the appropriation bills and the Agreed Bill List in preparation for a vote to be taken later - obviously when the caucus returns and when a1l of us return. It will save us approximately an hour and a half a little later on in the day, and I think We can do it just as well right now. So with leave of the Body, welll just do that. And I kould suggest to the Members that if they Wish to make some phone calls or get a bite to eat, that we will reconvene here at approximately twelve-thirty. But in the meantime, the Secretary will have read in, or will be reading in, the -- the bills on the Agreed Bill List so that the record technically will be correct. Senator Berman, for what purpose do you arise, sir?

Thank you, Mr. President. On a point of personal privilege. To my right --

State your point.

To my right, we are graced with the presence of an -- of the Alderman from the 49th Ward of Chicago and the candidate for County Clerk of the County of Cook, Alderman David Orr.

Aldermanz nice to see you. Welcome to Springfield. And if you stay to Senator Berman's right, you can't be a1l wronq. 55  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7z 1990 Senator Collins, for what purpose do you arise?

Yes, Senator -- Mr. President and Members of the Body, point of personal privilege. I'd like to -- I'd like to have the attention of the Body, please.

A1l right. Ladies and Gentlemen, if you can, please, just for a moment. Senator Collins.

Yes. On yesterday, Itmefure that many of you have read in the papers about Ehe passing of ewo great heroes Lf this country - Sammy Davls, Jr. and Jim Henson. And I would like at this timee with ehe permission of the Bodyw to have leave for everyone to stand in a moment of silence to pay tribute to two great people who made an outstanding contrïbutkon to the culture of this society. 80th of those characters and entertainers, most certainlyy warmed the the hearts and rekindled the spirit of many Americans. I think that this Body shouldy in fact, stand in a moment of silence and pay tribute to two soldiers.

A1l right. With leave of the Body, I'd ask the Members and the staff to please stand and observe a moment of silence nemory of two entertainers Mr. Henson and Sammy Davis, Jr. ... (Monent of Silencel... A11 right. Senator Geo-Karis has requested a Republican Caucus immediately in Senator Philip 's Office. Madam Secretary , with leave of the Body. we will Eurn then to Paqe 1l. And I'd ask the Secretary to read in the Senate Bills on 3rd Reading on Pages 11 through 23. Senate Bills 3rd Reading, Madam Secretary.

Senate Bill lS35. (Secretary reads title of b1ll) 56  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day Ma# 1990 Senate Bill 1536. (Secretary reads title of bill) Senate Bill 1537. (Secretary reads title of bill) Senate Bill 1783. (Secretary reads title of bill) Senate'Bill 1784. (Secretary reads title of bill) Senate Bill 1785. (Secretary reads title of bill) Senate Bill 1786. (Secretary reads title of bill) Senate Bill 1787. (Secretary reads title of bill) Senate Bill 1788. (Secretary reads title of bill) Senate Bill 1789. (Secretary reads title of bill) Senate Bill 1790. (Secretary reads title of bill) Senate Bill 1791. (Secretary reads title of bill) Senate Bill 1792. (Secretary reads title of bill) Senate Bill 1793. (Secretary reads title of bill) Senate Bill 1794. (Secretary reads title of bill) Senate Bill 1795. (Secretary reads title of bill) Senate Bill 1796. (Secretary reads title of bill) 57  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Senate Bill 1797. (Secretary reads title of bill) Senate Bill 1798. (Secretary reads title of bk11) Senate Bill 1799. (Secretary reads title of bill) Senate Bill 1800. (Secretary reads title of bi11) Senate Bill 1801. (Secretary reads title of bkll) Senate Bill 1802. (Secretary reads title of bill) Senate Bi1l 1803. (Secretary reads title of bill) Senate Bill 1804. (Secretary reads title of bill) Senate Bill 1805. (Secretary reads title of bkll) Senate Bill 1806. (Secretary reads tktle of bill) Senate Bill 1807. (Secretary read: title of bill) Senate Bil1 1808. (Secretary reads title of bill) Senate Bill 1810. (Secretary reads title of b1l1) Senate Bill 1811. (Secretary reads title of bill) Senate Bill 1812. (Secretary reads title of bill) Senate Bill 1813. (Secretary reads title of bill) 58  STATE OF ILLINOIS 86th GENERAL ASSEMBL; REGULAR SESSION SENATC TRANSCRIPT 91st Legislative Day May l7, 1990 Senate Bill 1814. (Secretary reads title of bill) Senate Bàll 1815. (Secretary reads title of bill) Senate Bill 1816. (Secretary reads title of bill) Senate Bill 1817. (Secretary reads title of bill) Senate Bill 1818. (Secretary reads title of bill) Senate Bill 1819. (Secretary reads title of bill) Senate Bill 1820. (Secretary reads title of bill) Senate Bill 1821. (Secretary reads title of bill) Senate Bi11 1822. lsecretary reads tktle of bill) Senate Bill 1823. (Secretary reads title of bill) Senate Bill 1824. (Secretary reads title of bill) Senate Bill 1825. (Secretary reads title of bill) Senate Bill 1826. (Secretary reads title of bill) Senate Bi1l 1827. (Secretary reads title of bk1l) Senate Bill 1828. (Setretary reads tktle of bill) Senate Bill 1829. (Secretary reads title of bill) 59  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Senate Bill 1830. (Secretary reads title of bill) Senate Bill 1831. (Secretary reads title of bill) Senate Bill 1832. (Secretary reads title of bill) Senate Bill 1833. (Secretary reads title of bill) Senate Bill 1922. (secretary reads title of bill) Senate Bill 1926. (Secretary reads title of bill) Senate Bill 1929. (Secretary reads title of bill) Senate Bill 1933. (Secretary reads title of bill) 3rd Reading of the bklls. .pwlmaehine cutoffl...

ACTING SECRETARY: (MR. HAKRY) 3rd Reading of the bills on Agreed Bill List No. 1. Senate Bil1 1051. (Secretary reads title of bill) Senate Bill 1487. (Gecretary reads title of bill) Senate Bill 1496. (Secretary reads title of bill) Senate Bill 1511. (Secretary reads title of bi11) Senate Bill 1515. (Secretary reads title of bill) Senate Bill 1531. (Secretary reads title of bill) Senate Bill 1565. 60  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 (Secretary reads title of bill) Senate Bill 1571. (Secretary reads title of bill) Senate Bill 1573. (Secretary reads title of bill) Senate Bi11 1588. (Secretary reads title of bill) Senate Bill 1591. (Secretary reads title of bill) Senate Bill 1627. (Secretary reads title of bill) Senate Bill 1638. (Secretary reads title of bill) Senate Bill 1639. (Secretary reads title of bill) Senate Bill 1649. (Secretary reads title of bill) Senate Bill 1659. (Secretary reads title of bill) Senate Bill 1710. (Secretary reads title of bill) Senate Bill 1723. (Secretary reads title of bill) Senate Bill 1727. (Secretary reads title of bill) Senate Bill 1730. (Secretary reads title of bill) Senate B1ll 1738. (Secretary reads title of bill) Senate Bill 1773. (Secretary reads title of bill) Senate Bill 1838. 61  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legkslative $ay May 17, 1990 (Secretary reads title of bill) Senate Bill 1840. (Secretary reads title of bill) Senate Bill 1845. (Secretary reads title of bill) Senate Bill 1847. (Secretary reads title of billj Senate Bill 1856. (Secretary reads title of bill) Senate Bill 1861. (Secretary reads title of bill) Senate Bill 1882. (Secretary reads title of bill) Senate Bill 1906. (Secretary reads title of bill) Senate Bill 1949. (Secretary reads title of bill) Senate Bill 1960. (Secretary reads title of b1ll) Senate Bill 1974. (Secretary reads title of bill) Senate Bill 1991. (Secretary reads title of bill) Senate Bill 2009. (Secretary reads title of bill) senaEe Bi11 2026. (secretary reads title of bi11) Senate Bill 2028. (Secretary reads title of bill) Senate Bill 2036. (Secretary reads title of bill) Senate Bill 2038. 62  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 (Secretary reads title of b1ll) Senate Bill 2039. (Secretary reads title of bill) .a. tmachine cutoffl... Senate Bill 2054. (Secretary reads title of bill) Senate Bill 2056. (Secretary reads title of bill) Senate Bill 2059. (Secretary reads title of bill) Senate Bill 2067. (Secretary reads title of bill) Senate Bill 2078. (Secretary reads title of bill) Senate Bill 2079. (Secretary reads title of bill) Senate Bill 2080. (Secretary reads title of bill) Senate Bill 2081. (Secretary reads title of bill) Senate Bill 2083. (Secretary reads title of bill) Senate Bill 2090. (Secretary reads title of bill) Senate Bill 2091. (Secretary rêads tikle of bill) Senate Bill 2092. (Secretary reads title of bill) Senate Bill 2093. (Secretary reads title of bill) Senate Bill 2094. (Secretary reads title of bill) 63  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legkslative Day May l7, 1990 Senate Bi1l 2099. (Secretary reads title of bill) Senate Bill 2100. (Secretary reads title of bill) Senate Bill 2104. (Secretary reads title of bill) Senate Bill 2108. (Secretary reads title of bill) Senate Bill 2109. (Secretary reads title of bill) Senate Bill 2121 Ksicl (2111). (Secretary reads title of bill) Senate Bill 2112. (Secretary reads title of bill) Senate Bill 2113. (Secretary reads title of bill) Senate Bill 2119. (Secretary reads title of bill) Senate Bill 2124. (Secretary reads title of bill) Senate Bill 2127. (Secretary reads title of bill) Senate Bill 2131. (Secretary reads title of bill) Senate Bill 2145. (Secretary reads title of bill) Senate Bill 2147. (Secretary reads title of bill) Senate Bill 2155. (Secretary reads title of bill) Senate Bill 2166. (Secretary reads title of bill) 64  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Senate Bill 2182. (Secretary reads title of bill) Senate Bill 2183. (Secretary reads title of bill) Senate Bill 2184. (Secretary reads title of bi1l) Senate Bill 2186. (Secretary reads title of bill) Senate Bill 2187. (Secretary reads title of bill) Senate Bill 2193. (Secretary reads title of bil1) Senate Bill 2195. (Secretary reads title of bill) Senate Bill 2209. (Secretary reads title of bill) Senate Bill 2210. (Secretary reads title of bill) Senate Bill 2216. (Secretary reads title of bill) Senate Bill 2217. (Secretary reads title of bill) Senate Bill 2222. (Secretary reads title of bill) Senate Bill 2229. (SecreEary reads Eitle of bl11) And Senate Bill 2275. (Secretary reads title of bill) Senate Bill 2276. (Secretary reads title of bill) Senate Bill 2306. (Secretary reads title of bill) 65  STATE OF ILLINOIS I 86th GENERAL ASSEMBLY ' j REGDLAR SESSION j SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Senate Bill 2308. (Secretary reads title of bill) Senate Bill 2309. (Secretary reads title of bill) And Senate Bill 2312. (Seeretary reads title of bill) 3rd Reading of the bills on Agreed Bill List No. 1. ... tmachine eutoffl...

The bills having been read in, the Senate will stand at ease until approximately quarter till one. (AT EASE) (SENATE RECONVENES)

All right. The Senate will, againy come to order. With leave of the Body: while the Members are makinq their way to the Floore Wedll move to the Order of House Bills lst Reading, beginning at Page 24 and 25 on the Calendar. And would, again, encourage the Members to indicate to the Secretary or the Assistant Secretary their willingness to sponsor one or another of these House Bills. House Bills 1st Readinq, Madam Secretary.

House Bill 309 offered by Senators Weaver and Woodyard. (Secretary reads title of bill) House Bill 493 offered by Senators Dudycz and Raica. (Secretary reads title of bill) House Bill 1504 offered by Senator Hawkinson. (Seeretary reads title of bill) 66  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 91st Leglslative Day May 17, 1990 House Bill 2823 offered by Senator Geo-Karis. (Secretary reads title of bill) House Bill 2884 offered by Senator Karpiel. (Secretary reads title of bill) House Bill 3085 offered by Senator Berman. (Secretary reads title of bill) House Bill 3110 offered by Senators Smith and Alexander. (Secretary reads title of bill) House Bill 3484 offered by Senators Smith and Geo-Karis. (Secretary reads title of bill) House Bill 3639 offered by Senator Geo-Karis. (Secretary reads title of bill) House Bill 3695 offered by Senator Philip . (Secretary reads title of bill) House Bill 3736 offered by Senator Karpiel. (Secretary reads title of bill) House Bill 3740 offered by Senator Barkhausen. (Secretary reads title of bill) House Bill 3748 offered by Senator Topinka. (Secretary reads title of bill) House Bill 3752 offered by Senator Daley. (Secretary reads tktle of bill) House Bill 3828 offered by Senator Berman. (Secretary reads title of bill) House Bill 3870 offered by Senator Hudson. (Secretary reads title of bi11) House Bil1 3949 offered by Senator Weaver. (Secretary reads title of bill) House Bill 4024 offered by Senator Weaver. (Secretary reads title of bill) House Bill 4221 offered by Senator Rea. (Secretary reads title of bill) 67  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7w 1990 1st Reading of the b(11s.

Those bills will be referred to the Rules Committee. Resolutionse Madam Secretary .

Senate Resolution 1088 offered by Senator Mahar. Senate Resolution 1089 offered by Senator Dudycz. Senate Resolution 1090: 1091, 1092, 1093, 1094, 1095 offered by Senator Jeremiah Joyce. They're all congratulatory.

The Resolutions will be added, with leave of the Body, to the Consent Calendar. Resolutions.

Senate Joint Resolution 177 offered by Senator Davidson. It is substantive.

Executkve. ...tmachine cutoffl... A11 right. With leave of the Body, we will now proceed to the Order of the Appropriation Bills on Pages l1, l2, 13, l4# 15 and 16 of the Calendar. The Secrekary has read in the appropriation bills for the third time, so thts next roll call will be on the final passage of those bills read by the Secretary. Pages 11 through 16, the appropriation bills. And the question is if there's no discussion, the questkon ks, shall this series of bklls pass. Those in favor will vote Aye. opposed will vote Nay. And the voting is open. ... tmachine cutoffl... On that question' there are 58 Ayes, no Nays, and the Nay and Present votes are recorded in the Office of the Secretary of the Senate. And thls series of bills, having received a constitutional majority by record vote, is declared passed. The record vote for eacb bill passed shall be, with leave of the Body, entered tn the Journal. And these bklls are declared 68  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7z 1990 passed. ...tmachine cutoffl... All right thene With leave of the Body, wedll move to the Order the Agreed Bill List. direct your attention to Pages l6, l8, 19, 20z 2l, 22 and 23. The Secretary has read the Agreed Bill List for the third time. The next roll call will be on the final passage of those bills read by the Secretary represented on the Agreed Bill List. The question is if there is no discussion, the question is, shall this series of bills pass. Those in favor Will vote Aye. Opposed , vote Nay. And the voting is open. Have all voted who wish? Have all voted who vish? Have all voted wbo wish? Take the reeord. On that question, there are 58 Ayesw no Nays, and the Nay and Present votes are recorded in the Office of the Secretary of the Senate. And this series of billsz havinq received the required constitutional majority by record vote: is declared passed. And the record vote for each bill passed shall be entered in the Journal. ...tmachine cutoffl... All right. Ladies and Gentlemen: if I can have your attention, we'll move to the Order of Senate Bills 3rd Reading. There are less than seventy bills to be considered yet this afternoon. So my suggeskion is we begin. Going eo be Senators Watson, Lechowiez, del Valle, Jonese Karpiel, Maitlandy Barkhausen and Collins. We are on Page 6 on the Order of Senate Bills 3rd Reading. We Will: in fact, be here tomorrow, but I would encourage those Who have bills in position, that today is the day to do it. Those bills that were on the Recallz obviously, will not be called. Senator Keatsr for Wbat purpose do you arîse, sir?

Strictly technical question, Mr. President. On the Agreed Bill Lisk, lf there are any that are knocked offz are they goin: to be jusk slipped in whenever their number hits? I mean, I don't know if any were at all. I -- I don't know if any bills were knocked off. I'm asking as a generic question. 69  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990

%he ones that were knocked off think there should be a menorandum on your desk - the ones that Were knocked off have been accommodated.

Ohy okay . Sorry, I didn't see them. Thanks.

Senator Dudycze for what purpose do you arise, skr?

A point of personal privilege, Mr. President.

State your point.

Mr. President, on the Senate Floor with us, on the Republican side, we have Representative Anne Zickus from the 47th District. Plus with Representative Zickus are three of her four sisters; hdrianne Warneke, Nancy Cummïn:s Ksic> lNancy Garbo) and Gail Garbo <sic> (Gail Cummings), and we'd like to welcome them to the Senate. PRSSIDENT ROCK; Welcome to the Senate. Anne, nice to see you. Al1 right. On the Order of Senate Bills 3rd Reading, Senator Watson. 1491. Read the bill, Madam Secretary, please.

Senate Bill 1491. (Seeretary reads title of bill) 3rd Reading of the bill.

Senator Watson .

ïes. Thank you, Mr. President. This particular piece of legkslatkon repeals the All-terrain Vehicle Safety Act. And those 70  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May l7, 1990 of you who recall, we passed this bill I believe it was two years ago - then we delayed the implementation of it, we delayed it again, and then finally the bill Went'into -- into Act. And the Department of Conservation sent out these registration forms to the people who had on title wieh the -- with the Secretary of State their all-terrain vehicles. The problem with -- witb the Act - with all khe good intentions - was the fact that the Department couldn't identify al1 the a1l the vehicles out there. So as a result, some people got their notifications; some didnft. Some people paid; some didnft. We -- just a 1ot of problems with the Act. So, we put in this bill to repeal it. But We -- also are going to leave into the leqislaeion the safety provisions that many people were concerned With. And some of those safety provisions obviously ought to remain - you can 't ride an ATV with a side arm; you can't drive while under the influence of alcohol; and -- and several other provistons which really Were needed, and are needed. Also in the in the legislation is provision which Will let the Department of Conservation reimburse those people who have paid their forty-five dollar 'fee. So if there are no guestions or any -- any questions, I1d be glad to answer them, otherwise I'd appreciate your support.

Discussion? Any discussion? Senator Demuzio.

I just had one question, might pose Eo Ehe Genator.

Sponsor indicates he will yield, Senator Demuzio.

I -- I recall when we first passed this bill that there was some we also included the off-track motorcycles and -- to be licensed. I think the staff is now pointing out to me that on  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day 8a# 1990 amendment -- on No. -- Page 3, that 'lno person shall deposit'' I'm sorry ''no person shall operate any all-terrain vehicle or off-highway motorcycle'' -- is it -- it does include the off-track motorcycles then, is that correet?

Senator Watson.

I -- I believe that is correct, yes.

Purther discussion? If not, tbe question is# shall Senate Bill 1491 pass. Those in favor Will vote Aye. Opposed, vote Nay. The voting is open. Have all voted Who Wish? Have a1l voted who wish? Have a11 voted Who wish? Take *he record. On that question, there are 52 Ayes, 3 Nays: none voting Present. Senate Bill 1491, having received the required constitutional majority, is declared passed. 1497. Senator Lechowicz. 1508. Senator del Valle. Read the bill, Madam Secretary, please.

Senate Bill 1508. (Secretary reads title of bill) 3rd Reading of the bill.

Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. Senate Bill 1508, as amended, prohibits the operation of a motor vehicle With a sound syskem capable of being heard from seventy-five feet or more. This bill addresses the rapidly growing problem of what are commonly known as ''boom cars.'' These are autos that are equipped with powerful audio systems which can be heard for blocks and llterally shake Windows of houses as they drive by. The use of cars with powerful audio equipment is a growing problem . Rear seats are being 72  STATE OF ILLINOIS 86th GENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRTPT 91st Legislative Day May l7, 1990 removed in order to install powerful speakers. Speakers are beinq placed outside the cabs of pickup trucks. And other measures are being taken by individuals that Want to install this very expensive equipment and powerful equipment. This is more than a violation of the social contraet; it's a health and safety problem. Welre looking at the loss of hearing because of the high decibel levels. Wedre looking at situations where people cannot hear emergency vehicles trains at train crossingsy horns of other drivers; andy of course, the noise pollution. I ask that I receive a favorable vote.

Discusskon? Any dkscussion? Senator Demuzio.

Welle I just want to say, I'm a co-sponsor of this bill. We don't have the problem immediately Carlinville, but we're looking forward to it maybe next year.

Further discusslon? Senator Watson.

Thank you, Mr. President. This particular bill came through the Transportation Committeez and there was conslderable concern in there, and I think it ought to be addressed at this particular time. The concern was the matter of enforcement . HoW do you determine seventy-five feet - noW I believe is which it's amended to? And as Senator Demuzio says, this really isn 't necessarily a problem in in my partlcular area, although I do have *wo teenagers who I wish would turn their radio down every now and then. But I do think that -- I would -- just wanted to bring that to Ehe attention of the Members that there may be some coneern here about the enforcement and -- and how that would be handled. Thank you.

73  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 91st Le:islative Day May l7, 1990 Al1 right. Further discussion? Senakor Zito. SENATOR ZIT0: Thank you, Mr. President. Question of the sponsor, please.

Sponsor indicates he will yield, Senator Zito.

Senator de1 Valle, I'm just curious. After reading the bill With Senator Demuzio, if, in fact, rather than this legislation, law enforcement officials wouldn't have the prerogative to stop these vehicles and get 'em on disturbkng the peaee. Why I'm just curious as to why we need -- why you feel We need 1508?

Senator del Valle. SENATOR dEL VALLE: Well, this -- this Would make the law uniform. And I ean tell you thak in the City of Chicagoe we have several police commanders who have taken a great interest in this bill. The State Police is in support of thig bill. It's modeled after a California law that was enacted early this year. And Hawaii - the State of Hawaii has just taken simklar aetion. And so# obviously, there are many, many people that feel that in order to ensure that all 1aw enforcement officers have a tool to address this problem, that this 1aw be passed.

Senator Zito.

Have you made any provisions for vehicles that sell wares ouE of a -- a vehicle rather that just the music? Are there any specific provisions for ice cream trucks, for example, or, any other vehicles that might have loud speaker systems to sell Wares or deliver a message?

74  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Senator del Valle. SENATOR dEL VALLE: The bill permits the use of such system to seek assistance or Warn of hazard by emergency vehlcles and vehicles engaged in advertising and sales.

Further discussion? Senator Dunn.

Question for the sponsor, Mr. President.

Indicates heCll yield, Senator Dunn.

Senator de1 Valle, is it true there's an exception for Latin music in this bill?

Senator de1 Valle. SENATOR dEL VALLE: No, there are no exceptions.

All right. The guestion is# shall Senate Bil1 1508 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. All voted Who Wish? Have a1l voted Who wish? A1l voted who wish? Have all voted who wish? Take the record. On that queseion, there are 44 Ayes, 8 Nays, none voting Present. Senate Bill 1508, having received the required constitutional majority, is declared passed. 1523. Senator Jones. Read khe bill, Madam Secretary, please.

Senate Bill 1523. (Secretary reads title of bill) 3rd Reading of the bill.

75  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 91st Legislative Day May 1990 Senator Jones.

Yeah. Thank you, Mr. President and Members of the Senate. Senate Bill 1523, as amended, revises the existing nurse ocholarship program, and establishes five hundred scholarships annually beqinning in the fall of 191/'92. They will be distributed to -- among amongst nursing students in associate degree, baccalaureate degree programs. The scholarsbip would cover tuition and fees - a max of two thousand dollars a year - and also provide a two-thousand-five-hundred-dollar-a-year stipend. The funding - lt was in Senator Topinka's bill that Was recovered from the dedicated fund that the nurses pay for: and it has been worked out with the Nurses Association and ehe Department of Public Health, and I ask for a favorable vote.

Discussion? Any discussion? If not, the question isg shall Senaee Bill 1523 pass. Those in favor, vote Aye. Opposed: vote Nay. The votin: is open. Have all voted Who Wish? Have a11 voted who wish? Have a11 voted who wisb? Take the record. On that question, there are 56 Ayes, no Naysy none voting Present. Senate Bill 1523, having received the required constitutional majority, is declared passed. 1548. Senator Karpiel. 1556. Senator Maitland. Read the bill, Madam Secretary, please. 1-5-5-6.

Senate Bill 1556. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. 76  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7r 1990 Senate Bill 1556, as amended, addresses some concerns in some school districts around the State who happen to be loeated in the same district where some treatment facilities are loeated who are addressing the needs of young men and women who have drug and substance abuse problems. What this assures is that the receiving district - the school district where these students are now being educated for a two- or three-month period - will be reimbursed at their per capita cost by the sending school district. I stand ready to answer any questions that you might have, otherwise would appreciate your support.

Discussion? Senator Berman.

Question of the sponsor.

Sponsor indicates he will yielde Senator Berman.

Just for the reeord, my understanding that the reason for ehis bill is because of a -- of a lawsuit or a decision of by a eourte and Ehis bill puts the law back to the Way it Was before the lawsukt was decided. Is that correct?

Senator Maitland.

That is my understanding.

Thank you.

All right. Further discussion? If not, the question is, shall Senate Bi11 1556 pass. Those in favor Will vote Aye. Opposed, vote Nay. And the votinq ls open. Have al1 voted who Wish? Have al1 voted Who wish? Have all voted who wish? Take 77  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislattve Day May l7, 1990 the record. On tbat question, there are 56 Ayesg no Nays: none voting Present. Senate Bill 1556, having received the required constitutional majority, is declared passed. Senator Barkhausen. 1575. Read the bill, Madam Secretary, please.

Senate Bi11 1575. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Barkhausen.

Mr. President and Members, Senate Bill 1575 embodies three separate recommendations of the National Conference of Commissioners on Uniform State Laws. The first is the Uniform Foreign-Money Claims Act; the second is the Uniform International Wills Act; and the third is a neW Article 4A to be added to the Uniform Commercial Code, deallng with wire transfers of funds. If any of you have any questions, be glad to ask -- answer them, and otherwise ask for a favorable roll call.

Discussion? Senator Welch.

I have a question of the sponsor.

Sponsor indicates he will yield, Senator Welch.

Senator Barkhausen, does the Uniform Act change the requirements in Illinois for executin: a will? And if so, how?

Senator Barkhausen.

The simple answer is no. 78  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 1990

All right. Question is, shall Senate Bill 1575 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a1l voted who Wish? Have al1 voted Who Wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none votin: Present. Senate Bill 1575, having received the required constitutional majority, declared passed. Senator Collins. 1585. Read the billz Madam Secretary, please.

Senate Bill 1585. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Collins.

Yes. Thank you, Mr. President and Members of the Senate. Senate Bil1 1585 is an attempt eo provide incentives to encourage African-American males to enter into the teaching profession and to teach -- make a commitment to teach in those areas where there is a disproportionate number of single-parent households and where there is a disproportionate number of students droppkng out of sehool. Many of the -- the students in the inner city go through a whole lifetime without having any positive male influence on their lives. It is our hope that by providing for male teachers tbat that would at least be, in the early formative staqes of their llves, some male figure that they can look up to. The State Board of Education and bcth of the gubernatorial candidates - all recogniae the importance of having more minority teachers in the school system. This is essential that we do this. Last year We passed this bill, and it got bogged down in the House. It is my hope that this year that We send this bill over to the House again, and also that we, you know , 1et them know that 79  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 we intend for this bill to become lak. The -- the additional monies -- the students are eligible under the existing scholarship eligibility requirement, and they have to be in college for two years. They can only qualify for the program after they become juniors or seniors. Welre merely talkin: about the advantage of providinq tbem with the monetary award that Would cover at least half of their room and board: which really becomes a very serious problem for those students who meet the need-test because there 's no provisions to pay for their room and board, which is really a tremendous expense for some of these students to stay in school. Many of them drop out out of college for the purpose of getting a job for that reason. I would ask for your favorable support. And I Would be happy to answer any questions.

A11 right. The Lady has moved the passage of Senate Bill 1585. Discussion? Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. This bill reeeived considerable debate in -- in committee, and I appreciate the sponsor's willingness to address some of the concerns that we had with the bill. And we have greatlyw I believe, reduced the -- the fiscal impact and -- and some of the duplication on the billy because, clearly, most of these students would would already be eligible and receive MAP awards. Another concernz Senatory that you and I did not have a chance to discuss yesterdaye in -- in the hastee was with regpect -- there could still be possible duplication of -- of funding eoming from the Federal Pell Crant Program. In other words, there eould be duplication there, too, they're qualifying for those grants. And then this fifty percent eould -- eould -- could bring about a duplication. I -- I'm wondering if you've considered thak.

80  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRTPT 9lsk Legislative Day May l7, 1990 Senator Collins.

In -- in our speaking With the -- the Seholarship Commission, the question of duplication didn't come up. But I don't see where that would -- is a problem of -- of any duplication. But these are skudents who already have scholarships. And why would they be given a duplieate award? I I donlt see that as being a problem.

Senator Maitland.

I'm sorry, Senator, I didn't hear all of that. But just let me indicate to you that the Scholarship Commission has told us that they -- tbey really perhaps even overlooked thatg and there there's definitely a -- a duplication here. And I would just only ask that -- that this bill passes out of this Chamber that that issue be addressed in -- in the House, beeause we certalnly don't wank a duplication of funding.

Further dkscussion? Senator Collins, to close.

ïes. I would be happy to do that, because, as I said, the conversation didn't come up. I will go back to the Scholarship Commission and ask. I would ask for a favorable roll call.

Questton is, shall senate Bill 1585 pass. Those ln favor will vote Aye. opposed, vote Nay. The voting 's open. A1l voted who wlsh? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 43 Ayesy Nays, votin: Present. Senate Bill 1585, having received the required constitutional majority' is declared passed. Top of Page 7, Ladies and Gentlemen. Top of Page Senator Smith. On the 81  STATE 0P ILLINOIS 86th GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17: 1990 Order of Senate Bills 3rd Reading is Senate Bill 1593, Madam Secretary, please.

Senate Bill 1593. (Secretary reads title of bill) 3rd Readin: of the bill.

Senator Smith.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill -- Senate Bill 1593 - the background on it is that the Deputy Director of DASA testified at the Citizens Assembly hearing that the need for substance treatment for women is beyond the Crisis A stage. Women account for over fifty percent of al1 cocaine users and fifty percent of al1 alcoholics. Xet, only twenty-two percent of the substance abusers treated in Illinois public-funded programs are women. Research shows that women and children will become the majority AIDS and HIV cases due to substance abuse. The purpose of this amendment is merely to improve *he delivery of alcohol and substance abuse services to WoKen . PRESIDENT ROCK; All right. The Senator has moved the passage of Senate Bill 1593. Discussion? Senator Topinka.

Yes, Mr. President and Ladies and Gentlemen of *he Senate. DASA is in opposition to this particular blll. And 1'11 tell you Why and think it's probably a fair oppositlon, in that it is already doing much of this already. And what they lre eoncerned with is that they start fragmenting this down into individual groups, it's going to start limiting their ability to integrate programs. Now, personally speaking and having dealt With them on 82  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day MaY 1990 programs that involve Hispanics - they're now doing something on -- on Polish-Americans I don 't see why we have to break this down, beeause I'm afraid might have counterproductive repercussions. And maybe, indeed, the same group We're trying to help here may not get a full shot. Also, as a byproduct, it's -- it's not a qreat amount of money in terms of how the State thinks, bu* this proqram is a hundred and ninety-one thousand dollars for somethin: that they really donlt need. So I -- I don't know that We could support this at this time.

Further discussion? Senator Fawell.

Thank you, very much. happen to be the vice president on a non-for-profit board that is doing a lot of this Work in Dupage County. We are just in the proeess of opening -- a center exactly like you are talking about, thak -- that deals With the problem of Women who are -- are alcoholics, and, in fact, we are even setting up a day-eare center to take care of these women. I can attest to the fact that DASA has been extremely helpful in -- in -- in assisting this program. They have come up with some excellent suggestions on -- on how it might work. I I really don't see why We should bifurcate this -- this Whole system when the work is being done, and I can personally attest to that, but it -- that it is indeed being done and being done extremely well.

Further discussion? Any further discussion? Senator Smith, to close.

To my colleagues: was merely -- said -- as I've said to you, that the purpose of this amendment was to improve the delivery of alcohol and substance abuse services to the women. Women should become their priority. And I think that DASA could -- prioritize 83  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 their program , and for there are current funds already in DASA 'S budget. That -- and there are five positions there that could use -- the monies that -- that they have there could be used for the DASA Proqram. Nok you have tWo office assistants; they have one system analyst; they have a dangerous drug compliance officer; and they have an account clerk -- two account clerks -- Account Clerk II. And the -- the cost of that program - and these are vacancies that are not filled in DASA - and the cost is only about a hundred and fourteen thousand dollars. And that money ean -- eould be used to pay for the expense of this DASA Program. These Women are dope addicts and they need this. And I thknk that you could -- we fre not askin: you to give us anymore money; *he money is already in DASA . And all wefre asking to do is 1et us fulfill this program to help these women Who are dope addicts. It's already there. So, please, if you uill, rearrange your thinkinq and let us pass this bill.

All right. Senator Smith, I beg your indulgence. I made a mistake and didn't reeognize Senator Maitland. Senator Maitland, do you wish to speak to this? Okay. I beg your pardon. 1 my Calendar was eovering up the light. Al1 right. The question is, shall Senate Bill 1593 pass. Those in favor will vote Aye. Opposed will vote Nay. And the votinq is open. Have al1 voted who wish? Have a11 voted kho wlsh? Have all voted who wish? Take the record. On that question, there are 35 Ayes, 21 Nays, none voting Present. Senate Bill 1593, having received the required conskituklonal majority, ls declared passed. 1614 Was Tabled earlier today by the sponsor. 1617. Senator Jacobs. Read the bill, Madam Secretaryg please.

Senate Bill 1617. (Secretary reads title of bill) 84  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 3rd Reading of the bill.

Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bi11 1617, as amended, allows for temporary permits for nurses while their backgrounds are being more thoroughly checked. This is an attempt to -- to help with the nursing shortages, and will be happy to answer any questions. PRESIDENT ROCK; Discussion? If not, the question is, shall Senate Bill 1617 pass. Those in favor wtll vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who Wish? Have all voted who wish? Have al1 voted who Wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 1617, having received the required constitutional majority, is declared passed. Senator Karpiel. 1641. Read the bill, Madam Secretary, please.

Senate Bill 1641. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Karpiel.

Thank you, Mr. presidenk. Amendment 2 to Eenate Bill 1641 deleted the entire bill and adds an additional function under the duties of the county auditor. The language authorizes the auditor to audit the records maintained by county vendors and outside parties under aqreements between the county and its vendors. This Nill apply when the county is paying the actual cost incurred by the vendor or a reimbursement for out-of-pocket expenses . The 85  STATE OF ILLIXOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 vendors and outside garties shall provide, on a timely basis, a1l records pertinent to this section.

Discussion? Senator Welch.

had a question of the sponsor.

Sponsor indicates she will yield, Senator Welch.

Do the -- do the Retail Merchants and the Chamber of Commerce support this?

Senator Karpiel.

I havenft the vaguest idea.

Senator Weleh.

Well: you îre -- youlre saying that the county auditor can audit the books of a private company that sells to the county. The -- if theydre a vendor to the countyg they can -- they can audit the books of a private company? I'm not sure I understand that. That's -- that's not what he's elected to do .

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Karpiel.

I don't have a copy of the actual bill in front of me# Senator, but it's my understanding that they Would only be auditing the agreement that they have -- I mean -- between that vendor, not everything that that vendor does outside of their business with the county.

PRESIDING OFFICER: (SENATOR DEMUZIO) 86  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Senator Welch.

Is -- is the purpose to see how much profit the vendar is making when he sells to county to a county government? Or what What was -- what would be the purpose of auditing it - to see if theyfre lying?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Karpiel.

Senator, since this was not my original bille I have not the vaguest idea what the intention of the bkll Nas, except that kt was -- came at the request of a county auditor.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, further discussion? Senator Fawell.

Thank you very much. The -- the request came from the auditor who happens to live in my district. The -- the problem was there Was a vendor who took several trips and and ran up hotel bills, et cetera, et cetera: and then, in effect, charged them to the county. There was a -- a very questionable account, and, yet, we were told that the auditor had absolukely no way of being able to look at that particular vendor. That's What it's al1 about.

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

Thank you, Mr. President. There are *wo former counky auditors here Senator Schaffer and 1. And I -- I have no idea why we need this bill. Because if youdre doing your job as county auditor, you are looking at every bill, investigating every bill in that job, to see if, in fact, it has been complied with al1 the Statutes of the State of Illinois and a11 *he con*raetual agreements that you 've entered into. So I -- I honestly don't 87 1 ! i STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 know why we need this bill. PRESIDING OPFICER: (SENATOR DEMDZIO) Further discussion? Senator Schaffer. SENATOR SCHAFFER) Welly I don't happen to represent Dupage County, so I don't know exactly What the problem was. But it occurs to me they could -- I think what Welre talking about is the definition of the term ''vendor.'' Obviouslyy the person that sells the toilet paper to the county for the jail is a vendor. And I don't think anybodyls talking about the county auditor going down to the A&P and auditing the toilet paper section of the A&P. I suspect what they 're qetting at by vendor - although we are noticeably uninformed on this - is if the county were to hire an architectural firm ta design a new jail or county complex building, and that the -- the county board felk that they had an exorbitant bill, and they wanted to have somebody go take a look at the bill and the breakdown and do an audit, and they went to the County auditor, who is supposed to be the county board's chief financial officer, and saidt ''Go audit this turkey. What's a11 this mean?'' And the County auditor may have been told by the State's Attorney - who are rather fond of telling county auditors things like this - that they cannot do that, that is beyond the purview of their authority. sow that is the only logical explanation I can think of for this proposal. And I'm getting nodded heads - I don't know if that means that this is, in fact, the case, or they just like my version of reality. I'm not sure which is which. PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Xarpielg did you want to switch sponsorship - maybe to Senator Fawell? Senator Karpiel may close. SENATOR KARPIEL: 88 I I i i STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17# 1990 Thank you. Actually, I should switch it back to Senator Philip. This is -- this amendment was discussed on 2nd Reading. This amendment came from Senator Philip, and that's why I'm sorry I had not been in touch With our county auditor as to Why he was proposing the bill. I think Senator Schaffer gave a very good explanation of the probable reason for the -- for this bill. I totally agree with it, and I ask for your Aye vote. PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 1641 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted Who Wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 38, the Nays are l2, none voting Present. Senate Bill 1641, having reeeived *he required constitutional majority, is declared passed. 1701. Senator Rea. On the Order of Senate Bills 2nd Reading -- I'm sorry -- Senate Bills 3rd Reading is Senate Bill 1-7-0-1y Madam Secretary. SECRETARY HAWKER: Senate Bill 1701. tsecretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENAIOR DEMUZIO) Senator Rea. SENATOR REA: Thank you, Mr. President. Senate Bill 1701 authorizes seven additional Enterprise Zones in Illinois. Presently, there's twenty-seven states that have the very active Enterprise Zone Programs. And I think most of us have experienced the Enterprise Zones in our areas, and how effective tbey 've been as a tool to economic development, and this bill would provide seven additional. I Would ask for your support. PRESIDING OFPICER: (SENATOR DEMUZIO) 1 89 ! t  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 A1l ri:hk. Is there discussion? Senator Geo-Karis.

Will the sponsor yield for a question?

PRESIDING OPPICER: (SENATOR DEMUZIO) Sponsor indicates he will yield, Senator Geo-xaris.

Senator, I don't object to seven more Enterprise Zones, but are they already named?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea.

The answer is no .

PRESIDING OPPICER: (SENATOR DEMUZIO) A1l riqht. Further discussion? If not, the question is, shall Senate Bill 1701 pass. Those in favor will vote Aye. Those opposede Nay. The voting is open. Have a11 voted who Wish? Have al1 voted Who wish? Have all voted who kish? Take the record. On that question, the Ayes are 57, the Nays are none, none voting Present. Senate Bill 1701: havin: received the requlred eonstitutional majority, is deelared passed. On the Order of Senate Bills 3rd Reading is Senate Bill 1704, Madam Secretary.

Senate Bill 1704. (Secretary reads title of bill) 2nd <sic> Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs. I'm sorry -- SENATOR JACOBSI Thank you, Mr. President, Ladies and Gentlemen of the Senate.

PRESIDING OPFICER: (SENATOR DEMUZIO) -- pardon me. Senator Jaaobsz pardon me.

90  GTATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 This bill is similar to a bill that we passed out of here overwhelmingly last year, ran into some problems in the House. It deals With labor organizations and time off for their union duties. This basically affects the firefighters. We ti:htened up the language quite a bit, and I'd be happy to ansker any questîons. PRESIDINC OPPICER) (SENATOR DEMUZIO) Is there any discussion? If not, the question is# shall -- I'm sorry. Beg your pardon. There are tWo lights. Senator O'Daniel, for what purpose do you arise?

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

PRCSIDING OPPICER: (SENATOR DEMUZIO) State your pointy sir.

In the President's Gallery, right above you, is the Hamilton County Jr. High Beta Club and their Eponsors Betey VanDyke and Gay Irby. like for them to stand and be recognized ...

PRESIDING OFFICER: (SENATOR DEMUZIO) Will our guests in the Presidentls Gallery will please rise and be recognized by the. Senate. Welcome to Springfield. Discussion? Senator Raica.

Thank you, Mr. President. A question of the sponsore may.

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

Senator Jacobsy I don't know if this is a technical error or or I -- I dcndt tbink it Was the leglslative intent. but maybe you can tell me. On -- under -- in line 21 under f'Statewtde 91  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9ls* Leqislative Day May l7, 1990 labor organizations#'' it says, ''affiliated with the Illinois Skate Federation of Labor.'f Does this mean the Illinois State AFL-CIO? 'Cause that's not what's written here.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

Senator, it was a mistake, and it is supposed to be the AFL-CIO: yes.

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

Well: thank youe Mr. President. I'm just Wonderinga Mr. -- Senator Jacobs, whether or not we need this legislation. -- it's my opinion thak municipalities are noW allowing firefighters to replace them on days off. Why -- why do we need to put this in the Statutes? PRESIDINC OFFICERI (SENATOR DEMUZIO) Senator Jacobs.

Mainly because there are some municipalities - and youlre you're absolutely correct, Senator Weaver, most react very well and most react very kindly, and -- and it's like a lot of this stuff we do around here - there are some municipalities: though, that do take a hard-nosed attitude, and -- and really are are -- are just of -- of the instance that they should not be doinq this at all. So there are some municipallties that do take a negaeîve stance, and that's why we're tryinq to protect them in this case.

PRESIDINC OPFICER: (SENATOR DEMUZIO) Senakor Weaver.

Well I'm then wondering, is this a preempkion of home rule? 92  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

Yes: it is.

PRESIDING OPPICER: (SENATOR DEMPZIO) Senator Weaver.

So then it Would take thirty-six votes for passage?

PRESIDING OPPICER: (SENATOR DEMUZIO) g . v tmachine eutoffl...senator Weaver. my parliamentarian is indicating ko me, without the full text that it -- Will only take thirty votes eo pass. ...lmachine cutoffl... Further discussion? Senator Jacobs.

Just ask for an Aye vote.

PRESIDING OFPICER: (SENATOR DEMDZIO) Question is, shall Senate Bill 1704 pass. Those in favor will vote Aye. Those opposedr Nay. The voting is open. Have a11 voted who wish? Have all voted Who wish? Have a11 voted who wish? Take the reeord. On that question: the Ayes are 44, the Nays are 9, 2 voting Present. Senate Bill 1704, having reeeived the required constitutional majoriky, is declared passed. Senate Bill 1713. On the Order of Senate Bills 3rd Reading, Madam Secretary.

Senate Bill 1713. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Rigney.

Mr. Prezident and friends on the Floor, just want to say 93  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION ! SENATE TRANSCRIPT I 91st Legislative Day May l7, 1990 that -- I'm going to start out by givin: you the punch line first, because I have that strange, uneasy feelin: that maybe I'm going to have to repeat the punch line a time or two as the debate goes on. Fàrst of all, the punch line is that this is not a tax increase. This is a tax shift. I think Chairman Netseh correctly described khis yeskerday as a major piece of legislation and I think I certainly do agree with her assessment of this bill. What it does, it raises the Illinois Income Tax one cent. With that one cent we create a special fund, with a continuing appropriation, to give to a11 of our sehools -- to give back every cent of money that's been collected as a result of this income tax. What we are able to do with this, since this is a siqnificant amount of money, We will be able to return eighty-six percent of everybody's base educational levy. For the dual diskricts at ninety-two cents; *he unit distriets at a dollar eighty-four; and Chicaqo is at kwo-eleven - eighty-six percent of those figures. The leqislation is effective as of July l of '91. In no way are we tinkering With the School Aid Formula: under this legislation. And again, to repeat the punch linee ik's not a tax increase, it's a tax shife. It's some long-needed tax reform that wedve talked about for a long time. FRESIDING OPFICER: (SENATOR DEMUZIO) All riqht. Is there any discussion? Senator Netscb. SENATOR NETSCH: Wellp I -- thank you, Mr. President. I guess I1m a liktle stunned that this seems to -- nok to be catching hold a good deal more -- at least eatching attention, I nean, Senator Rigney, more than it is. I tbink everyone should fully understand What is involved here. It is a permanent increase in the State Income Taxe from two and a half percent to three and a half percent for individualsz and I think it comes out to 5.6 percent for corporations. That is not only a permanent extension of the 94 ' 1 . I 1 l  STATE OF ILLINOIS I 86th GENERAL ASSEMBLX I REGDLAR SESSION SENATE TRANSCRIPT I 91s* Legislative Day May l7, 1990 temporary half percent, but another half percent added on to that: and it is made permanent. And againr as we read the bill: every bit of that full one percent goes to prdperty tax relief, and I believe it is correct that we do not keep the -- 1et me repeat khis, Senator Rigney, because if I1m incorrecty you may correct Re. It's a long amendment, but I -- as I read it, we do not retain khe educational -- We do retain the Educakional Assistance Fund. Lek me put that as a question first and then be sure I'm elear about that, 'eause we've seen several versions of this. PRESIDING OFFICER: (SENATOR DEMZZIO) Senator Rigney . SENATOR RIGNEY: Just so we 're on the same wavelenqth, Senator Netsch, are you referrin: to the temporary half cent increase, is thata.y? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch. SENATOR NETSCH: Well, in one sense -- under the eemporary one half percent, 7.3 percent, I tbink it is, goes into what We have called the Edueation Assistanae Fund. That is approximately one half of the one half percent temporary inerease. And that is then distributed to the elementary and seaondary school system and to higher education. And what I kas attempting to find, because likerallyy We've had several versions of this, you do retain ehe Edueational Assistance Pund. So some part of your permanent increase will continue to go into that fund, is that correct? PRESIDING OFFICER; (6ENATOR DEMUZIO) Senator Rigney. Senator, we#re havinq trouble w1th your... 62NATOR SETSCH: All righk. I think... PRESIDING OPPICER: (SENATOR DEMUZIO) Pardon me. just a second... 95 I i l i I  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990

Let -- 1et me try answering the question and...

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch.

Again, I apologize for the slight confusion, because we have had several versions of this. I am noW looking at What I think is the pull out of the current amendment to your bille and you do allow the Educatlon Asslstance Fund to expire on July 1y 1991: as it would do under the current temporary one half increase. Is Ehat correct, Senator Riqney?

PRESIDING OFPICCR: (SENATOR DEMUZIO) Senator Rigney at Senator Dunn's desk. Senator Rigney.

You're on target now. Senator Netsch. We do no* address the question of the temporary income tax because that does sunset: as you point out, on July l of next year. So welre back to the permanent tWo and a half cent income tax. Now if we want to do something With that, between now and July l of nexk yearz fine. We can talk about that: but kelre not talking abouk it on this particular bill. Webre only talking about a one-eent tncrease from the permanent two and a half cent tax.

PRESIDING OFEICER: (SENATOR DEMUZIO) Senator Netsch.

Right. Well thak -- this the sort of thing that I thlnk needs to be brought out. Because everyone should be alear that under your bill, there will be a permanent one-cent increase in the State Income Tax. There will be no permanent transfer of funds to direct support by the State of elementary and secondary education, because your entire one-cent increase will go into property tax relief. Itlll be directly rebated to taxpayers who are paying 96  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION I I SENATE TRANSCRIPT l l 91st Legislative Day May l7# 1990 property taxes at the present time. In other wordse the -- what we -- what We will be losing is any additional funding for education from the State as a result of this bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rigney. SENATOR RIGNEY: The net effect is tax neutral. That's why I referred to it as a tax swap, rather than a tax increase. So it's just -- ik's revenue neutral. PRESIDING OFFICER: (SENATOR DEMUZIQ) Senator Netseh. SENATOR NETSCH: Yeah. I -- that's a matter of opinion, I guess, in one respeet. I understand that in your opinion -- it is -- it is neutral. But what I'm tryinq to point out, and I khink people have got to understand thisy is that a1l of the increase in the Seate Income Tax is going into property relief, Whieh: you knowg is fine if we had lots of money to go around. There will be nothing additional for educatton. Sor if this General Assembly wants to continue to fund elementary and secondary education ae anything elose to what it has put into it, as a result of the temporary one half percent, it's going to have to add another half percent increase in the State Income Tax in order to do that. Because your one percenk increase is -- is being totally absorbed in property tax reliefy and I think that's just something that everyone has 9ot ko understand. We do not do anything directly for supportin: educatàon at the State level With your proposal. We do a 1ot to help property taxpayers. Now, having said that, I think one other point should be made. And that is that it is not entirely clear that after a few years of this proposal, that we are not going to sort of end up, ln a sense, With a deficit. And I think thatls something else that is a matter of concern. 97 I  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 because, again: as I read the billy and you may -- you may correct me if our version is not the same this time. You have a commitment to property tax relief, which would presumably be covered mostly by the one percent increase in the Stake Income Tax, but if the one percent increase in the State Income Tax increase is not adequate, then we would be drawing funds out of other general funds. END OP TAPE TAPE

PRESIDING OPPICER: (SERATOR DEMDZIO) Senator Rigney.

As proposed now, this is what a continuing appropriation Would mean. You could, potentially: create that kind of a liability. 7ou wouldn't have to do that, however. There's another way to handle that, and tbat would be simply to certify -- have the county clerk certify down to the State Board of Educationy what khe commitment amounts to. The State Board of Education could very quickly, in fact, I assume overnightw determine if there is enough money to fully fund this thing at eighty-six percent. And there was not, they could Qo baek to the county clerk and they say, ''Well: we can only do nlnety-eight percent thls yeara'' and that's al1 they debate. So the schools are noe going to be a loser. It's the full and clear intention here that the schools will noe be a loser.

PRESIDING OFFICER: (SENATOR DEMUZIO) All rlght. Eurther diseussion? Senator Berman.

98  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRIPT 91st Legislative Day May 1990 Thank you -- thank you, Mr. President. I would just sugqest to a1l oe us that the merits of this bill ought not to be addressed today, or even in this Session. And a couple of reasons for my position: number one, we are being threatened - and I use that word in quotes - With a lawsuit beinq organized by our former colleague, Jim Nolan, to contest the inequity that exists between the rich expenditure districts, which are over twelve thousand dollars per student, and the poor expenditure districts, wbich are around two thousand dollars. You have a -- roughly a six to one disparity between the top and the bottom of our school dlstriets. If you gass this bill today. we wondts realistieally: be able to address any kind of court decision that says that our present system of school fundin: is invalid or unconstitutional. So We are limiting our flexibiliky to respond to What a court Right do. I'm not sure a court will, but want you to be aware that that suit is -- is pending, or -- or eminent I should say. Number two, to those of you, including myselfe from high expenditure diskricts, such as the Northshore, or some of the south suburbs, or other areas where the constituents, by referendum, have raised their own tax rates; your people don't want the unreliability of State income taxes as the source of fundln: for their sehools. Thatls a problem. I don't have the answer. But you ought not to support this bill todaye because it's substitutin: what eould be an -- an unreliable source of funds for good schools substituting that for a reliable source of funds for good schools. And thirdly, we - all of us - are goinq to be looking at this problem, the school aid formula problem, the funding of schools problem -- beeween now and next June 3ûth, and thereforez I am going to vote No on this bill today, because I juse think that we are very, very premature.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discusslon? The Chair would like to 99  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 91st Legislakive Day May l7, 1990 acknowledge we've had a visit also from another constitutianal officer today - would like to acknowledge the presence of the current State Treasurer who is on the Podium who's been, as you Well know, the last couple of months, who's been ill and hospitalized. We're qlad to have you backy Treasurer Cosentinoy and glad to have you with us today. He's kalking around on his cane, but he said anybody who wanted to see him could so down to his office this afternoon, isn't that right. There you go. Further discussion? Senator Maitland.

Well, thank you very muchr Mr. President and Members of the Senate. Just -- first of all, I Would suspect -- a comment to Senator Berman. This in no way changes the inequity of of of the funding of the nearly one thousand school districts in the State. Indeed the variation will still be in place, because as Senator Rigney said, wedre simply replaeing dollars here, so that that doesn't effeet that issue at all. -- I think the Body should understand that each and every one of us here tell our colleagues back in the distrlct that we support property tax relief, now we do that, but we fail to kell them that we're not willing to address ehat loss in revenue. And folks you can't have it both ways. You simply can't. We've got to face a fact sooner or later. Senator Rigneye Senator DeAngelis - I did it last year - tried to address this problem. Many of you came to me last spring, two or three days after I presented my revenue shift bill: and said, ''By golly, that does do somethinqg doesn't it?'' Well this does somethinq, too. Let me tell you something else it does. Iou all talk about wanting to help senior citizens, and those senior citizens live in homes - many of them - that they bought years ago Eor twenty-five thousand dollars at a tax rate of a dollar or a dollar and ten cents. Now those senior citizens are livin: in that same home that's worth a hundred and fifty, or a l00  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 hundred and sixty thousand dollars, and isn't much better than was back then, and are paying on a five- and a six-dollar tax rate. And they are having a difficult time stayin: in that home. This bill helps them because the income that theybre making now isn't as high, so their tax obligation is going to be less. I'm nok sure where tbis bill is going to go either. Ifm not sure where Senator DeAngelisl bill's going to go either. But I think we should move the concept along, and try to address, realistically and honestly, the issue of property tax relief.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discusston? Senator Thomas Dunn.

Thank you -- thank you, Mr. President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he will yleld. Senator Thomas Dunn.

Senator Rigney: Would you tell me What the benefit to the real estate taxpayer based on a tax bill of a thousand dollars?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Rigney.

I'm not sure can tell you what it'd be on a thousand dollars, but 1et me explain it this way. Look at the assessed valuation of your home and I assume -- are you in a unit district? Well let's just say, you know, for dlscusslone you are. What you would do then, you'd take a dollar fifty-eight off of the valuation of that house. So that's the type of reduction that you Would receive. You are paying now a base rate of a dollar eighty-four cents to the educational fund of your school district, and you're qoing to take off a dollar fifty-eight of that.

PRESIDING OPFICER: (SENATOR DEMUZIO) l01  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May l7, 1990 Senator Dunn.

No one on the staff has equated that though, as to what the actual benefit Will be?

PRESIDING OEEICER: (SENATOR DEMUZIO) Senator Rlgney.

Well you realize, of course, this is goin: to vary a great deal from one community to the nexty because your total property tax bill has a rather forgotten factor of about forty-three percent that goes to cover a11 of those other expenses of local government. We're not touching those either, unfortunately. But we can only impact upon the school portion of your tax billz and we are invading it to that point.

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

My district probably represents the largest contingency of school districts that are in the high expenditure, high tax area. And I had talked to Senator Rigney to say, you know, many of my people, frankly, dondt trust State government. When we send money here, we discover we qet about twenty-five cents back. And khere 's an interesting provision in this bill khere this would not happen to the higher expenditure distriets this timey beeause it actually segregates the funny -- the money into a separate fund. Therefore on this provlsion you actually do, basicallye 9et back dollar for dollar. And for that reason for those of us Who do have high expenditure disericts, the provision is a livable one. The nice thing about property tax is the referendum, the nice khing about income tax is - for us - is that it's somethin: that we can touch, where we can't Eouch our property taxes. But the point is, if you're in a high income tax area you don't have to 102  STATE OF TLLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANGCRIPT 91st Legislative Day May l7w 1990 be afraid of this program, because you are protected one on one. If he did not have that separate fund; in that case you'd have to be scared to death 'cause you'd have to rely on -- on the good faith of the Legislature to return your money, and I think we've all been here long enough to understand that that's a faith you might not kant to take to the bank. But I commend him because somebody at some point has to deal with tbis issue and it's easy to whine about property taxesz but somebody's got to have the guts to stand up and do something for which is -- What he is trying to do now.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? If notz Senakor Rigney may close.

Well I'm going to elose this Way and say I think probably all of use in our 4th of July speeches in years gone by, have talked about the evils of the property tax. The only thing that happened here this year, on this Floorz was that the 4th of July came early. Here we are in May with a chance to really truly do something about the property tax in the State of Illinois. Now as I listen to comments and questions and so forth around the Floory I'm beginning to get that uneasy feeling that maybe I won 't have fifty-nine votes on this bill after all. But I want to tell you folks that are gettin: ready to vote No, what you're going to have to explain when you go back to give your 4th of July speech this year. For instanee, if I were the Senator from Homewood-Flossmoor, I'd have to explain why I voted against a forty-seven percent reduction in the base property tax for my school district. I were from Riverside-Brookfield , I'd have to explain why voted against fifty-percent reduction. If I were from Rockford: I'd have to explain Why voted No on a fifty-percent reduction. If I were from Wood Dale -- Wood Dale -- l03  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 is that in Dupage County? I'd have to explain why I voted No on a fifty-seven-percent reduction. If I were from Zion-Benton, I 'd have to explain my No vote on a fifty-eiqht-percent reduction. If I were from Mt. Vernon -- if I were from Mt. Vernon, I'd have to explain my No vote to eighty-two percent. I were from East St. Louis - my No vote on eighty-three-percent reduction. From Quincy eighty-six-percent reduction. Christopher - eighty-six-percent reduction. Lasalle Township - eighty-six-percent reduction. And now friends here's the real sleeper in this tbing, you didn't expect thts from me: but if I were from Chicagoy I'd have to explain my No vote on an eighty-six-percent reduction, and at the same time, that's eighty-six-percent of two dollars and eleven cents, instead of eighty-six-percent of a dollar eighty-four. So would expect there'd by nothing by green lights from the City of Chicago. further presume that if I were lucky enough to pass this in the City of Chicago, might even qet a parking place at Wrigley Field, you know, they would have to love me there. Now my good friend and colleague, Senator Netsch, over there on the other sidez has -- has taken a couple of pops at ehis thing. Senator Netschz heard you and Lee Daniels on Chieago radio station -- happen to bump into you there a couple of weeks ago -- you were truly eloquent on that occasion. You said a1l of *he right things concerning the property kax. And when that program was over, I said, Thank God that lady doesn't live in the thirty-fifth distriet.l' I'd be wondering where would go to surrender, beeause she said all of the things thaE I have heard throuqhout my district, and youdve all heard them throughout yours. SD I point that out to you, and just one final shot is that I would like to now have the chance to send to Speaker Madigan -- you know, he 's kind of noeed for sending little missles over here to us from time to time -- I'd like to put this property tax relief over in his shop. I ask you for an Aye vote. 104  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7# 1990

PRESIDING OEFICER: (SENATOR DEMUZIO) Well, Senator, don't know what got in to you, must be that microphone that you had to use over there, Ralph Dunnls. The question is, shall Senate Bill 1719 -- I1m sorry -- Senate Bill 1713 pass. Those in favor Will vote Aye. Those opposed will vote Nay. The votin: is open. Have al1 voted Who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On the question, the Ayes are l1, the Nays are 38, 8 voting Present. Senate Bill -- 1713 having received failed to receive the required constitutional majority: is declared lost. Senator Rigney, I want to congratulate you. It was a great speech at the microphone, but the result Was the same, I guess. 1732. Senator Welch. On *he Order of Senate Bills -- 1752. On the Order of Senate Bills 3rd Reading is Senate 1752, Mr. Secretary. ACTING SECRETARY) (MR. HARRY) Senate Bill 1752. (Secretary reads tktle OE bill) 3rd Reading of the bill.

PRESIDING OFEICER: (SENATOR DEMUZIO) Senator Maitland.

Well, thank you very much, Mr. President and Members of the Senate. For several years around here there has been some concern about a1l the employees who are unable ko have from their employer - health insurance. There was legislation introduced one year ago that would have mandated health care. That legislation didnlt pass. Thks ës an attempt, this year, to offer some no-frills health covera:e to the employees who are not now covered. We believe this is necessary. State Chamber of Commercew who suggested this coveragey feel very strongly about they're concerned about the employees out there who have no coverage at all. This attempts to address some of those people who are l05  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17y 1990 employed by employers who simply can't afford to offer the more expensive coverage. you may recall yesterday there were a couple of amendments that were offered. One by me that said that an employer could not have, within the last twelve months: offered any other kind of coverage. That addresses some concern that you had in committee. Another amendment by Dr. Berman, brought on two more components that we are concerned about, they Will make the poltcy a bit more expensive, but evidently the -- the Chamber cf Commerce felt strongly about it. One, of course, provided coverage for the mammography, and the other for spousal continuation. I think this is a good concept. I think it's our attempt to address some of those employees who do not now have coverage. I stand ready to answer any of your questions: otherwise would appreciate, very much, your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Discussion? Senakor Jaeobs.

Thank you, Mr. President. If eloquence doesnft win out, wefll try to at least make and maybe brevity will. I stand in strong support of this legislation. We know it's not perfect, but I think it's a step in the right directionw and urge an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Further discussion? If not, the question is, shall Senate Bill 1752 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On Ehat question, tbe Ayes are 56, the Nays are none, voting Present. Senate Bill 1752, having received the required constktutional majorkty, Ls declared passed. 1754. On the Order of Senate Bills 3rd Reading is Senate Bill 1-7-5-4, Mr. Secretary. l06  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SMSSION SENATE TRANSCRIPT 91st Legislative Day May l7# 1990

ACTING SECRETARY: (MR. HARRY) Senate Bi1l 1754. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Savickas.

Yes. Mr. President and Members of the Senate, Senate Bi11 1754 is also trying to address a concern of the rising premium cost to those that are insured. As you know, one of the major concerns With the consumer in the hospitals is that the cost shifting of those that do buy insurance are then charged at a double and triple rate for items' whether it's medicines or rooms, to ccver the cost of those that do not have insurance or cannot afford it. Through this bill we are attempting to identify the true cost for those charges, and to have tbose assessed properly. To make sure that the burden of providing hospital care for those that are indigent or those that can't afford it, is not placed on those consumers that are paying premiums and having those premiums raised thirty- and forty-percent each year. If there is a problem, it should be addressed by the government, and not by those individuals that are being priced out of the insurance market as the costs rise. would ask your support for this bill - and move it along. The Hospikal Association is opposed to this bill in its present form, but recoqnizes the problem. and recognizes the need that something must be done. And I would suggest that we pass this bill out. Move it to the House. Conkinue our Ealks, hopefully, that We can arrive at a solution that everyone can live *1th and survive the surnounting costs of our insurance premiums.

PRESIDINC OFFICER: (SENATOR DEMUZIO) Discussion? Senator Watson.  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990

Well, tbank you, Mr. Freskdent. apologize, 'cause I couldn't really hear the sponsor's explanation very Well, and I want to probably ask some questions that you maybe had mentioned in your...

PRESIDING OPFICER: (SENATOR DEMUZIO) Well, Senator, it's because of your side of khe aisle. Your row, as a matter of fact.

Xou're -- you're holding the gavel.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Watson.

You're holding the gavel. Well. Question. First of al1 Hospital Assoeiation - What is their position on this bâll?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Savickas.

Senator Watson, stated they are opposed to it in its present form. But they do recognize the problem. They claim they are trying to address the cost-shifting concern. They know the problem -- how to resolve that is a question. And that is what we 're trying ko attempt here, that they, I guessz realize as we do, that that cost should not be placed upon those retirees, or those familiese or those those of us that are payin: these premiums, and having those premiums raised thirty- and forty-percent a year: like a hidden tax. Instead of identifying where it should come from, and how to resolve the problem that way.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

l08  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRTPT 91st Legkslative Day May l7, 1990 Well I ean -- understand what you#re saying, Senator, but T don't know that this is going to -- to solve the problem , because a 1ot of the problem simply has to do with us sitting right up here. We -- We pass mandates on, we dictate policies to hospitalsy tell them they have to -- these requirements, that requirement. We don't fund Public Aid providers enough to offsek the cost of hospitals' services that they provide to the Publie Aid -- Medicare, same Way. So there -- there's bound to be some cost shift, because the hospitals have to recover that somewhere. And, unfortunately, that burden ends up falling back on us, and -- I realkze there ks a problem out there Senator, but 1 think to solve thaE we simply have to address that here and, of course, in Washington. So really donlt see any benefit or purpose from this and I just think at this particular point, we ought to just vote No.

PRESIDING OFPICER: (SENATOR DEMUZSO) Furkher discussion? Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of *he Senater would speak in support of -- of this bill becausez you knowr although, you know, What Senator Watson says is true, that indeed we do cost shift, and we do cause problems for a lot of people. And basieally the whole health care question of how are we going to pay for all of the nassive health care expenses that We have out there: and the people using it, is -- is definitely out there. BuE I don't know Ehak you can ratlonallze that down to the point of seven-dollar aspirins when you are in the hospital . I mean that just rubs against the grain of everythinq that is -- is rational. From a stand point of what can be worked out, think the hospital is the logical place Where something like this can be addressed . We 've worked out, through an amendment, the Hospital Cost Containment Council as the logical place to administrate this 109  SQATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 9lsk Legislative Day May 17z 1990 bill. think it's something that is extremely Workable. We have a very appraisin: health care committee. And if you'll notice the vote if you look at your analyses -- it was -- it was a fairly strong vote and we gave this -- this issue much discussion. It's a worthwhlle proposal and I would encourage its passage.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Savickas may close.

I Would just seek your support for this, and hopefullye we can solve this problem soon.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is# shall Senate Bill 1754 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who kish? Have a1l voted who wish? Have a11 voted who wish? Have a11 voted who Wish? Last time. Have a11 voted who wish? Take the record. On that question, the Ayes are 24v the Nays are 32, none voting Present. Senate Bill 1754: having failed to receive the required eonstitutional majority, is declared lost. 1761 Was on the Recall List this morning. 1767. Senator Schaffer. Senator Schaffer on the Floor? 1768. Senator Joyce. On the Order of Senate Bills 3rd Reading is Senate Bill 1-7-6-8. Madam Secretary Mr. Secretary.

ACTING SECRETARY: (MR. HARRX) Senate Bill 1768. (Secretary reads kitle of bill) 3rd Reading of the bill. PRESIDING OFFICER; (SENATOR DEMUZIO) Senator Jerome Joyce.

Thank you. Mr. President. This bill is a result of a subcommittee that we looked into the problem of detention barns, 1l0  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 regarding the horse racing industry in the State of Illinois. The conclusion we came to was that we should do away with the detention barn, but require every horse entered in khe race to be placed in a security area, as designated by the racing board. Would make the trainer of record responsible for the security af the horse in the stall area. There are several reasons why we are doing away with their detention barn, not the least of which -- many of the large and -- and better stables Will not come to Illinois, because of the detention barn. They don't Want to put eheir horses in there for five hours with other horses that havey you know, could have some kind of a -- a problem -- be sick or something. For instance, Charlie Whittingham, the trainer of Sunday Silence, will not come to Illinois, because of the detention barns. So this -- this bill is patterned after the California laW. Most of the major race horsin: <sic> states do not have detention barns - Kentucky, New Xork, California - they all do it the way that this bill would -- would require. So I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is Ehere discussion? Senator Weaver.

Thank you, hr. President. I would stand in support of 1767 -- or exeuse me -- 1761 -- 8. think...

PRESIDING OFFICER: (SENATOR DEMUZIO) 1768. SENATOR WEAVER; Whatever he's for, I1m for. I think Illinois is the only State in the nation that had this law. We put it ln a few years a9o as an experiment. hasn't worked very Well. It served no real purpose, and so I hope We a11 support this.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Further discussion? If not, the l1l  STATE OF ILLINOIS 86th GENERAL ASSRMRLY REGDLAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 question is -- Ilm sorry, Senator Vadalabene.

Yes. I'd like to make this statement. Do you recall when there was a horse called Senator Sam? And it lost thirty-one straight races, and won't come to Illinois because of the detention barns.

PRESIDING OPFICER: (SENATOR DEMUZIO) The question is, shall Senate Bill 1768 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have a1X voted who uish? Have al1 voted who Wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 54, the Nays are none voting Present. Senate Bill 1768, havin: received the required constitutional majortty, is declared passed. 1776 is the next bill. The amendment failed this morning. therefore ean be considered. Unfortunatelyz We don't have -- physieally have the bill here, Senator Joyce. Wedll have it here momentarily and we Will proceed with it. Senator Schaffer, on Senate Bill 1767. With leave of the Body, we will pick it up while we are there. On the Order of Senate Bills 3rd Readin: is Senate Bill 1-7-6-7. Mr. Secretary, please.

ACTINC SECRETARX: (MR. HARRY) Senate Bill 1767. tsecretary reads title of bill) It's the 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) senator Smlkh, for wha: purpose do you arise?

Thank you, Mr. President. f stand on a point of personal privilege. In the gallery behind me, we have some of the people who work with brass in the City of Chicago it's out of my district -- and I'd like for them to be introduced and take a bow.

PRESIDING OFFICER: (SENATOR DEMUZIO) 112  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGCLAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17y 1990 Wkll our guests in the gallery please rise. Welcome to Springfield. Senator sehaffer.

Mr. President and Members of the Senate. This -- Senate Bill 1767 addresses a problem that was identified by a prominent attorney in my district in the Adoption Act. We had a situation where some adoption proceedings were made public through a newspaper article or ad, and the adopted child discovered through that medium that they in fact had been adopted, and there were some other ramifications in the article that were should not have necessarily been in the purview of that type of a newspaper article. What we have attempted to do is to tighten up the procedure on those records. I did not realize, when I stumbled into this swamp: that it can be a little controversial, but think the Bar Association is comfortable With this language now. In addition, an amendment was placed on it -- on the bill by Senator Marovitz. and I see him on his feet and am prepared to defer to him to explain the amendment.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Marovltz.

Well, I Wasn't qoin: to -- just to support it, but I wi11 be happy to. This answers a problem that has been created by legislation that we passed last year where wherebyy in very happy tranquil situations between a husband and wife, a grandparent may come in and pekikion the eour: for visitation and force that happy-together family to spend tremendous amounts of money for attorney 's fees and court costsy dissipating the family income that could be used for tbe kids -- their education, food and clothinq. This is, in fact, going on right now in Illinois. This would eliminate that where those happy cohabit -- cohabiting families exist. ll3  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legkslatkve Day May 1?, 1990

PREGIDING OPPICER: (SENKTOR DEMUZIO) Purther discussion? If not, the question is, shall Senate Bill 1767 pass. Those in favor kill vote Aye. Those opposed, Nay. The voting is open. Eave al1 voted who wish? Eave a1l voted who wish? Have all voted who wish? Take the record. On that queseion, the Ayes are 53g the Nays are nonew voting Present. Senate Bi11 1767, having received the required constitutional majority, is declared passed. Bottom of Page Senate Bill 1776 was on the Recall List this morning. The amendment failed, therefore it remains on the Order of Senate Bills 3rd Reading. Mr. Seeretary, 1-7-7-6.

ACTING SECRETARY: (MR. HARRY) Genate Bill 1776. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Jeremiah Joyce.

Thank you, Mr. President and Members of khe Senate. 1776 deals With certificates of rehabilitation on historical buildings. This bill would reguire the title holder -- holder or owner of the interest in such property to file, annually, an affidavit with the Department stating whether tbere's been any change in the ownership or use of sueh property or the status of the oWner/occupant. Senate Bill 7076 <sic> autborizes the Department Eo revoke certificate on a properEy for which no affidavit has been filed. This, basically, is an attempt to convey information with respect to the status so that if a person has sold it, or the property has cbanged in status - will no longer be reeeiving the tax benefits that -- that it presently receives under Illinois Statute. I ask for a favorable roll eall.

PRESIDING OFPICER: (SENATOR DEMUZIO) ll4  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l?, 1990 Is there discussion? If not, the question is, shall Senate Bill 1776 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting ks open. Have a1l voted who Wish? Have al1 voted who Wish? Have a11 voted who Wish? Take the reeord. On that question, the Ayes are 56, the Nays are none, none voting Present. Senate Bill 1776, having received the required constitutional majority, is declared passed. Turn your page -- to Page 8. Top of Paqe 8. Senate Bil1 1-8-5-0, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1850. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you, Mr. President, Ladies and Centlemen of the Senate. Senate 3ill 1850, as -- as amendedp is an amendment to the Public Aid Code: and ie attempts to deal with a problem that was brought to my aktention, particularly by tbe Legal Assistance Foundation of Chicago, and I'm told it is a Statewide problem. In that many Public Aid recipients are canceled or revoked or terminated due to failure of the reciplents to cooperate with the Department. In other words, there is, on a regular basls I am told; mail that qoes out from the Deparement and asks a recipient to respond. As I'm sure we're a11 painfully aware, sometlmes in the housing projects, and the neighborhoods in which *he recipients live, that mail is not as faithfully delivered as in other areas. What we're attempting to do is to say that kfê indeedy a recipient has been canceled, or Eevoked, or reduced: or terminated, when it's found by the Department, that that revocation cancellation was was not right, that the person retain his or her eligibility retroactively. There was no reason %hy this person should bave 115  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7y 1990 been determined to be ineligible, or should have been canceled, or should have been revoked. The Department will admit that, and there are a number of these gases annually . Now What happened, the Department met with the Legal Assistance Foundation. At my request, they have come up with an agreed amendmenk, which is noW Senake Bill 1850, as amended. The cost, I am told given the wordinq, is minimal, although the first fiscal note indicated it Would be a million dollars or more. The fact is the costz I'm told: is minimal, and this does not apply to sanctions that are imposed for the failure of any recipient to participate as required by the Department. So we are not attempting to suggest that everybody who is canceled or revoked is in the righk: what we are saying is when they are right, their their benefits ought to be restored retroactively. And I would solicit your favorable support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Topinka.

Mr. President, I would certainly encourage the Members on our side to support this measure, because if you -- espeeially if you do constituent servicese you will run into this problem at some time or another, and this straightens out a real mess.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If note the question is, shall Senate Bill 1850 pass. Those in favor wil1 vote Aye. Those opposed, Nay. The votkng ks open. Have all voted who eish? Have all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 58, the Nays are none; none votin: Present. Senate Bill 1850, havin: received the required constitutional majority# is declared passed. 1862. On the Order of Senate Bills 3rd Reading is Senate Bill 1-8-6-2: Mr. Secretary. 116  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990

ACTING SECRETARX: (MR. NANRV) Senate Bill 1862. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate, I offered this bill as just another option for reorqanization of healkh care delivery services: in terms of Cook County. It's something that comes out of khat went on here last June. I think we saw the bloodletting that Went onr over the various issues of health care. We've talked about trauma and -- and the decline of hospitals shuttered hospitals. This bill would attempt to address al1 OE those kssues. It's a pretty weighty bill. We create an authority. It would be created by a frontdoor referendum. It does not raise taxes in any way. It qets health care delkvery to the neigbborhoods and indeed would be a kind of one-seop shopping type place for accountability, efficiency and operations. We've tried to eull the information to puk this together from the best of what We could flnd êrom the health eare summit, from legislative research: from my two good staff people on the Appropriations I and Senake Health Care Committee. We have visited hospieals. We've talked to administrators. So it's a compilation of just about everything. I Would appreciate getting this over to the House. It's just, againe another optlon so we don't leave here on June 30th With nothing, and 1'11 be happy to answer any questions. PRESIDING OFFICER; (SENATOR DEMUZIO) Discussion? Senator Rock.

Thank youe Mr. President. Ladies and Gentlemen of the Senate. 1l7  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legkslative Day May l7, 1990 I rise in strong opposition to Senate Bill 1862. As Senator DeAngelis, think, indieated some weeks ago, I suppose at some time we are goin: to have to come to grips with the summit recommenda*ions ehat gere, as a result of that summit task force, put together by the Mayor and the Governor and the County Board President. This, I suggest, meets with no ones approval. I can 't speak for the Governor, but I can certainly kndicate that I have been informed that the other prineiples are opposed to this klnd of a system. Tbts is a dramatic overhaul of -- of the governance of the county hospital, certainly, and the dramatic overhaul of the health care delivery system, as we know it, in the County of Cook. NoW I'm not going to stand here and represent that the health care delivery system is ideal or idyllic, but the fact of the matter is, this is much, much too dramatie a change and simply don't think we are ready for And to the best of my knowledge both the City and the County stand in opposition, as do 1.

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

Would the dponsor yield to a question, please?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Topinka indicates she will yield. Senator Smith.

Thank you. Senator Topinka: would you please be kind to answer - what is the fiscal impack of Senate Bill 1862 and what is agency or department's budget does it find -- it reside?

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

I couldnît hear the question.

PRESIDING OFFICER: (SENATOR DEMUZIO) l18  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Senator Smith, she -- she couldn't hear the question.

Oh, I'm sorry. I Wanted to merely ask, what is the fiscal impact of Senate Bill 1862? And what agency or department's budget does the funding reside?

PRESIDING OFFICER: (SENATOR DEMUZIO) senator Topinka.

The fiscal impact is a11 dollars that flow ineo the system, in eerms of public health dollars. And in terms of the -- the governance, we're talking about al1 those agencies whieh partieipate in health care delivery in Cook County.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

I'd like to find out, Senatory What impact will 1862 have on the operation of Cook County?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka.

will have no impact on the operatïons of Cook Countyy because we very specifically point out that a1l hospitals that would be involved in here Would continue as they continuez but they would work toqether ln a federated tashîon.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

I'd like to find out What - impact would thls have on the City of Chicago? This bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Topinka.

119  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 I think the sreatest impact it would it have on the City of Chicago is -- is just on the entire health eare delivery system, especially into minority neighborhoods. On those neighborhoods Where we have had hospitals shut down; where we have had trauma units leave; where we have had people who have not had clinics available to them; where they 've had to overuse emergency rooms, so that real live emergencies had to go on to other hospitals far away, and thus rksking lives of people; -- where -- I mean, has a tremendous impact on the City of Chicago. Probably more than on any other place. This would benefit the City of Chicago.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

Is is this your opinion, Senator? Or am -- I just heard that from the City of Chicago they toeally oppose this legislation?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka. SENATOR TOPINEA; It 's -- it's my understandtnq in talkinq to representa*ives of the City of Chicago: Whom I have spoken to, by the way, all summer, but who apparently don't keep in contact with their own people from time to time, that they don't neeessarily have an objection With the substanee of this, they just have not had time to review the proqram, whieh I think is a11 the more reason we should let it go over ko the House - 1et it git there -- it certainly isn't going to 9o anywhere should the City of Chicago not want it to qo anywhere - where indeed the City of Chieago can have the time that might choose to review it in its finite form. PRESIDING OPFICER; (SENATOR DEMUZIO) Further discussion? Senator Raica. l20  ETATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May 17, 1990

Thank you, Mr. President and Ladies and Gentlemen of the Senate. When Senator Daley and I stood up last year and we -- ar the early part of this year -- and We tried to go through with our trauma fundinq, we heard from a majority of the Members the reason why *e should not continue, and probably one of the major reasons why we should not eontinue is because we should wait for the recommendatîons from the health care summit. That they were reviewing al1 of this and -- and they Would come up With the recommendation. I read the recommendations; nowhere d&d it address trauma centers. In addition, we had a problem Wikh bypass in Cook County, at the trauma centers. The issue of bypass was not addressed whatsoever. If I can, Senator Jones, you brought up to me one of the hospitals on the south sidez and I don't know if it was South Chicago, I think it was Roselandy if I am not mistaken, and why they weren't a trauma center. Well, you know, at that point, I told you, ''We11 I don't know Why they weren't a trauma center.'' It was one of two reasons. One, they didn't want to be, or two, there wasn't funding. What this authority would do is -- ts take a look at the health care and fknd out kf, indeed : in your district they need that hospital be a trauma center, and they do. They need another trauma center in your area. If We go against this piece of legislation We're just saying, 'Noz wedre going to agree with everything that the health care summit has said,'' and quite frankly, dealinq with trauma in Cook County - trauma in the City of Cbicaqo - they didn't address that issue vhatsoever. And I think we need to -- to Support this piece of legislation. I ask for an Aye vote.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Senator Topinka may close.

Mr. President and Ladies and Gentlemen of the Senatey don't l2l  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7y 1990 disagree that thls is dramatie proposal. But it's dramatic because we agreed, think, from June on and a11 through the summer that Cook County ls health care system , if I may use the word system, which is nonexistent, does not work. It is not delivering health care to where it is most needed. This is not a philosophieal treatise, it's a meat and potatoes - let's :et the job done. I have no objection to what the health care summit has put out so far, but in at least seeing in the media what has been pue out, it's been rather pallid. And itls been philosophical ande you know, let's think about it and let's create a mission for ourselves. I don't know that that necessarily solves these problems, unless it would be significantly beefed up. And Ehat indeed could be done on shell bills, Which are currently in kbe House and I have no objection to that. 1:m not saying tbat this is the world 's best proposal. Ifm saying I think we have managed to pull for a continuum of care - from a health care authority - to a tertiary hospital - to a primary hospital - to a health care clinic to trauma units where they are currently established and where they are geographically needed that we have done the job in this bill. I would appreciate it if we would get it over to the House as just another option, a point of consideration. I am sure that if nobody lkkes kt, or the three principal partiesy the Governor, the president of the county board, and the mayor do not like it: they will take care of in short order in the House. 'But let's get it over there and keep the ball roiling. I would appreciate an Aye vote.

Question is# shall Senate Bll1 1862 pass. Those in favor will vote Aye. Opposed Will vote Nayp and the voting is open. Have all voted who Wish? Have al1 voted who Wish? Have al1 voted who wish? Have a11 voted who Wish? Take the record. On *hat question, there are 27 Ayes, 29 Naysy 2 voting Present. Senate l22  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislatkve Day May l7, 1990 Bill 1862, having failed to receive the required constltutional majority, is declared lost. Senator Ralph Dunn. 1864. Read the bill, Mr. Secretary, please. Senator Lechowicz, Would you assume the Chair, please?

ACTING SECRETARY: (MR. HARRY) Senate Bi11 1864. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Dunn.

Thank you, Mr. President and Members of the Senate. This bill, as amended, just requires that insurance companies who sell homeowners insurance polieies in the NeW Madrid seismic zone, that includes about twenty-nine counties tn southern part of the State, that they let the homeowners know that earthquake insurance is available -- or the availability of it. Be glad to answer any questions. Urqe passaqe.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discusskon? The question isz shall Senate Bill 1864 pass. A1l the favor, vote Aye. All opposed, vote Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Please take the record. On this question, there are 56 Ayesw no Nays, none recorded as Present. This bill, having received the constitutional majorlty, is hereby declared passed. 1877. Senator Joyce. Please read th9 bill. ACTING SECRETARYI (MR. HARRY) Senate Bill 1877. (seeretary reads tkEle of bi1l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce. l23  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 SENATOR J.J. JoycEl Thank you, Mr. President. This legislation is designed to create the Emerqency Preedom Bond Act. And what ehis does, this is a tool for Illinois business and industry, and it gives them the opportunity to particlpate, economieally' in the emerging democracies. The tools eontained in this legislation increase job opportunities for Illinois residents. Recognize Ehe need to assist small- and medium-sized exporters based in our State. And we in the General Assembly must support public private efforts to stimulate our economy, while encouraging the movement to democracy -- to democracies that we are witnessing. This would create a five-member board who Would have the ability to issue up Eo twenty million dollars in bonds to the countries that are emerging into democracies. It would -- they would have to be cleared by the State Department, and it would give our companies here in Illinois the opportunity to qo to these countries and help then with a lower little lower interest loan, that sort of thing. I'd be happy to answer any questions.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? The Lady from Dupage, Senator Pawell.

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

IIm -- I've been reading our analysks. Let me get this straight. We are going to guarantee loans up to tventy million dollars that can be used in -- in countries that are emerginq from communism. Is that -- is thaE the idea of this?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

124  STATE OP IELINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 Xes. That ks correet.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Fawell.

Could you tell me where where we're going to 9et this twenty millkon dollars?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce. SENATOR J.J. JOYCE; We 're going to issue revenue bonds.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator FaWell.

And -- and we expect these emerging countries to pay us backy is that tbe idea?

PRCSIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

No. We are goinq to loan the money to Illinois companies that are goin: to go there and set up businesses to help their economy. So it will be helping Illinois companies to go therey in these emerging nations, and do business, as -- as they are desperately in need of any kind of help that we can give them in the food processinq anything to do with the food chain. They are desperately in need of help and this would 1et Illinois companies -- would give Ehem available money at a little lower interest rate to go there and to to help those countries.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Hall.

Will the sponsor yield for a question?

PRESIDING OPPICER: (SENATOR LECHOWICZ) 125  STATE OF ILLINOIS 86th GENERAL ASSRMBL; REGULAR SESSION SENATE TRANSCRIPT 91st Legkslatize Day May 17, 1990 Indicates he will.

Senator, for my information, I want to know this. This is to include foreign countries, right?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

No -- not no -- no -- no. It's emerging democracies. So that khe Illinois company uould have money available to go there -- the money goes directly to the Illinois companies, not ko the foreign countries. But they would have the abllàty to go there then and prackice their trade, whatever that may be.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Hudson. I'm sorry. Senator Hall.

Well I just wanted to ask that question, beeause l thknk we just passed out a -- a bill here to help Zaire, and places like that. I wonder Would they be included into -- into your bill?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Joyce.

I'm certain they kill be looked at. -- it Would have to be approved by the State Department before *e would make any anything available in any to our companies qolnq to any countries. But I am certain that they Would be -- be looked at.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Hudson.

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he wi1l.

126  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 Senator, could you gkve me a lkst .of the countries involved?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

Well, I'm sure we would be talking aboue Poland: Romania: East Germany, Czechoslovakiaz Hungaryy Bulgaria - those sorts of countries.

PREGIDING OPPICER: (SENATOR LECHOWICZ) Senator Hudson.

Lkthuanka -- you know.

Would the Soviet Uniong itself, be one of these countries?

PRESIDING OFPICER: (SENATOR LECROWICZ) Senator Joyce.

No.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Hudson.

Would -- would the countries that receive the benefits under your bill, that is ehe help to Ameriean business in these countries: would it be administered by -- hoW should I put this -- the -- khe people themselves or some of these emerging democracles are still controlled by the communists, even though they are emerginq. Hopefully, they will. But would communist governments have a hand kn the admknistration of tbese businesses or the monies involved therein? PRESIDING OFFICERZ (SENATOR LECHOWICZ) Senator Joyce.

No. No gozernmente other than the State of Illinois l27  STATE OF ILLINOTS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7# 1990 government, would be involved distributing this money. Thks money would be loaned to Illinois companies by the board created here in Illinois: a five-member board appointed by the Governor with the advice and eonsent of tbe Senate.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Dupage, Senator Karpiel. SENATOR KARPIELJ Thank you: Mr. President. I'd like to ask the sponsor questions.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Indicates hefll yield. SENATOR KARPIEL) Senator, could you explain to me exactly -- because I'm not real well vetsed kn -- in the Statute concerning the Illknoks Export Development Authority -- so could you explain to me exactly What the differences are between that authority and this new authority you're setting up ; and why that auehority couldn't handle these loans as well as what theylre already doing?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senaeor Joyce.

don 't -- no one has ever come to me from that Export Developmenk Board and said anything about this. Are you aware of anything that they have done Ehat is similar to this to help any of these companies goin: -- going there? mean -- you know -- they -- if it was sueh a good idea, why haven't they done it?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Earpiel.

Well, actuallye I Was asking you a question, not for you to ask me back a question. But their job is to help Illinois exporters, and I Would imagine with these new -- these nations 128  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legkslatkve Day May 1990 that are nok looking for a narket, and looking for business opportunieies, that that probably would happen naturally and automakically. I thought perhaps there Was something different in your proposal than in the authority, as it is noW set up that makes this -- gives you a reason or gives us a reason for forming a new authority.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

SZNATOR JOXCE: I'm -- I don't think -- now, I -- could be wrong, but I don't think that the export authority has bonding authority. Do they?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.

I think it does. And I think it also has khe moral oblkgation clause in it that your authority does. I'm not a hundred-percent sure, Senator, that's why I was asking you. I have another question. Under the guaranteed fundinq provision of your bill, if în fact, the country politically goes back under the iron curtain or something happens, on our analysis it says that this would no* be a State obligation. Would this be the bank obligation that made the loan?

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Joyce. SENATOR J.J. JOYCE; Yes. 1* would be the banks, it Would not be the State's and -- and the person the company borrowing the money.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Karpiel.

Well to the btll, Mr. Preskdent. I don 't know that I stand l29  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May l7, 1990 actually in opposition. I certainly dondt oppose the idea of what we are tryinq to get at, but I think it Would be good to know -- I mean, are We forming an authority to do somethinq that already can be done under one of our existing authorities? I realize we aEe on 3rd Reading and -- and it's probably a bad time to check that out. But I think before lt's -- if it does pass -- before it comes up in the House, perhaps we ought to find out that information.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Nekhouse. Senator Newhouse, please.

Thank youy Mr. President. Senator, am Wondering if we could somehow frame, Within the language, some standard that might include some of the objections that I hear. And that is that while there may be some concentration on some nations which are now vying to open up the democratic system; that it not be limited, for examplez to eastern Europe. So that this -- I think we -- if we can clear that up in the debatez so that the question doesn't arise at a later time, I think it might assuage some of the concerns that had been addressed herew a moment ago. If you would agree to that, I Would appreciate it. take that as a yes.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Dudycz.

Thank you -- thank you, Mr. President. QuesEion of the sponsor.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates hedll yield.

Senator Joyce, I think what youdre doing is -- is very good and I -- I support it# but I have some questions as far as l30  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislaeive Day May l7# 1990 leqislative intent. It's my understandinq that there are currently - the policies behind the iron curtainr or in the Saviet Union, -- the business venture: that are beinq formed today, are between private enterprise outside of the Soviet Union and State-owned businesses, and they form a joint venture there. Now to follow up what Senatsr Hudson was talkin: about, his coneern and mine is also, when you're involved in this type of a joint venture behind or in the Soviet Union, will this be going through the Kremlin throuqh Moscow, or Will this be going throuqh the individual emerging democratic country? Because this is just for legislatkve intent.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Joyce.

Yes. First of all it would have to be approved by our State Department in Washington. Secondly, does not deal with Russia or the Soviet Union. And joint ventures - I'm noe sure that khey would be eligible under this. I think this would be a company settin: up business in Poland, or wberever. If they want to do a joint venture, and the bank wants to loan them the money, that's fine, I would guess.

TRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dudycz.

Well, Senator, when I was there earlier this year, this past March, was my underseanding. from the business groups in the Ukraine, is that tbe only way that they Will be involved in any type of a business venture with -- with outskde busînesses would -- would be in a joint venture. They would not permit any other type of independent -- independently owned corporatton or business to set up in eastern Europe.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 13l  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91sk Legislative Day May l7, 1990 Senator Joyce.

Well, this is not in the Soviet Uniony understand. But I don't think that is correct anyWay because McDonald's is not in a joint venture wieh anyone in the Soviet Union.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Dudycz.

I -- I believe you're inûorrect, Senator, there is a joint venture between McDonald's and the Soviet Union in the Kremlin. They do have a joint venture in establishing that corporation. it does not -- if does not include the Soviee Union, who does it include?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Joyce.

Well, I East Germany -- I -- I mentioned a bunch of them before, East Germany, Polandz Czechoslovakia, Hungary, Likhuania . When -- when they come out, that's when we're goin: to make this money available to Illinois eompanies to go over there and do business.

PRESIDING OFFICEZ: (SENATOR LECHO%ICZ) Senator Joyce, to close.

I think wedve discussed this quite a bit and -- ande you know, all of the concerns out here are -- are concerns of mine as well. It is a new tact for suree but I have listened to the State Treasurer and the Governor tell Lech Walesa that we are going ko make twenty million dollars available to you in bondse but there's no mechanism to do it. So What this is doing is giving bond money to Illinois businesses to go to those countries and to get them started doing things that they need and kn the meantime will help l32  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Illinois businesses. So I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall Senate Bill 1877 pass. All in favor, vote Aye. A11 opposed, vote Nay. Have a11 voted Who Wish? Have al1 voted Who wish? Please take the record. On this question, there aze 51 Ayes, no Nays, 3 recorded as Pzesent. This bill, havinq received the required constitutional majority, is hereby declared passed. 1881. Senator Smith. Please read the billy Mr. Secretary.

ACTINC SECRETARY: (MR. HARRY) Senate Bill 1881. (Secretaty reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Lady from Cook: Senator Smikh.

Thank you, Mr. President, Ladles and Gentlemen of the Senate. I'd like ko tell you a storyz and itês a true story. Recently herez Mrs. Marilyn Quayle, Who's the Vice President's Wife, gave a movinq story before Conqress' concerning how her moeher might have been spared a painful death from breast cancer. Her mother did not have a mammoqram when her physician flrst detected a lump in her breast, but told her not to worry that he believed it was benign. The tumor was not benign, and six months later the cancer bad spread and soon she was dead. Following her testimony, Mrs. Quayle pleaded with women to understand that maRmography and self-examination can keep them alive. She urged Congress to more aqgressively to encourage Women to have breast cancer exams. The breast cancer rate among American women, espeeially low-income women, is ehe higbest on record. However, death rates have increased only slightly . And according the National Cancer Institute, breast cancer is still the leading cause of deatb from 133  STATE OP ILLTNOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May l7, 1990 malignancy among women. I come With this bill: Senate Bill 1881, to appeal to you for our Womanhood. It is much later than we think, because women are very frightened. There was a doeumentation on television just this past weekend, and then Mrs. Quayle was aqain on television, advocatin: the same story. I am nok only talking in terms of -- mammoqrams, excuse me# but I'm also talkinq in terms of *he medical assistance, medicaid recipients. Thak is a park of this bill and this -- history behind that -- was that the Federal Pamlly Suppore Act of 1988, commonly known as the federal welfare reform billr requkres our states to examine and adjust their child support standards every four years commencing from to 1992. The object of this amendment and counterpart is to put a Statute of Department of Public Aid Current Child Support Advisory Committeee bringing Illinois into immediate federal compliance -- ensure eompliance with the October '92 deadline. And provide that the mechanism for ongoing on the site -- oversite of the proqress. Slnce funds are currently in the Department of Public Aidls budget for the cost associated with the committee, this anendment would not require the allocation of additional General Revenue. 6o I am saying because mammoqrams are very, very important to our womanhood, here in Illinois, and these United States of America, and around the World, we have already tried to comply so that you will take sympathy or have compassion should I say, and pass this btll. We have extended the effective date on this to 1-l-91z not immedlatelyr not immediately for the mammogram. But it is extended, but we do say that the child Support Advisory Committee would go in effect immediately. I'm askin: for your support. Please remember What Mrs. Quayle said, do nok let our wosen, especially of low-income, have to go throuqh the same thing. Please, I ask for your favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 134  STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7p 1990 Any discussion? The Lady from Cook, Senator Topinka.

Yes. Mr. President, Ladies and Gentlemen of the Senate. You know: I always appreciate what the good Senaeor from Chicago - the Chairman of the Healtb Commkttee - comes forth wkth, because she has a good and kind heart. And I -- and I think, you knowy if we had a1l tbe possible available funds that We could -- could get our hands on, this would be a fine idea. But this is a nillion-dollar hit on the Department of Public Aid, which right now is taking a two-percent hit as we have reduced our budgeks straight across the board. So I suppose we have to look at -- if they go into this proqram, what are they going to cut to make up the deferential. Someone is going to :et hurt on this. The other problem that we have is is the kay the bill is structured. There is no base line for information, so that people coming in, would -- would be cominq in at different ages. There's no way to regulate are they comin: in on a regular basis to compare to see if their has been any changes in the breast: that are being x-rayed. It would be very hard to administer, because you're not gettin: the necessary data that you need to even make it work. would point out that people under -- under ERISA policies those *ho are self-insured: they don't have this. mean this is pretty far-reachin: program straight across the board. I -- I -- you know, yes ik is a problem. I appreciate what Mrs. Quayle has said, but unfortunately, Mrs. Quayle has the federal budget deficit to worry about just as the Skate of Illinois could conceivably have one as well. I would point out thae Amendment No. to *he bill, required the Depattment of Publtc Aid to appoint a Child Support Advisory Committee, and that's already found in House Bill 3484, so Ehak's kind of a duplication. This is a nice idea. Asain, it is well-intentioned. I don't think we can afford it: and the way kt's skruetuted it will not work. So I l35  STATE OE ILLINOIS 86th GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 91st Legislati/e Day May 17. 1990 -- I Would ask that We oppose it.

PRESIDING OPPICER: (SENATOR LECHOWICZ) The Gentleman from McLean, Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. 1, too, find it very difficult to arque aqainst Senator Smith's leqislation. It's a difficult one to argue against too, because this is a very -- very emotional issue and one that concerns a great many people. And 1 Would only add to What Senator Topinka has said, by saying to you, Senator Smith and Members of the Chamber, that there have been many, many programs cut or redueed from thls year's budget by the responsible Senake Republicans and Democrats. Many others: Senator Smith, have had -- have had some very worthwhile programs that have been cut or redueed substantially. I think this is something that might well happen one day soon, but it can't happen this year. We can't send the wrong signal, you indicated the money is there in the -- in the Public Aid budget nok, is not there in the Public Aid budget now, for this program. It would be a dilution of other programs. You and I both know and understand that. I would suggest that we defeat this legislation this year, consider it as a part of next year's budget and -- and kork through the normal process and consider it that way. And again - very difficult to argue against, but I urqe defeat of Senate Bill 1861. PRESIDENG OPFICERC (SENATOR LECHOWICZJ The Lady from Cook, fenator Collins.

Yes. Thank you, Mr. President and Members of the Senate. rise in very strong support of this bill, and I think one of the speakers talked about savin: money, and where were they qoing to shift. But Senator Topinka: When someone has cancer and have to go into the hospital and sometime years of treatmenty wi1l cost l36  STATE 0F ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 much more tban it would cosk for Medicaid to pay for them going in having a mammoqram. We passed a law here that required insurances to cover mammograms for those people who were fortunate enouqh to have insurance coverage. Well khy not those people who are not fortunake enough to have insurance coverage. Because you -- We have to pay and pkck up the blll for whatever hospital costs, and I'm sure that months and months of chemotherapy and a11 of the nedication and -- and therapy that's -- that goes along with the person havin: cancer will cost far, far more khan providin: for prevention. And that's -- that's I thinkg there's something seriously wrong with us in Illinois: and wefre behind most staees when it come to preventive kinds of things. We are responding to emergencies and things after the fact, a1l ehe time, but whenever someone comes through this Chamber with something to prevent us and to save money in the long run: we're against That makes no sense at all. think something Senator Smith said it# talking on another bill, that we need to begin the change our thought processes in the way we think here, beeause we are really penny wise and dollar foolish. I think this is a great idea and we should pass it.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Lady from Cook, Senator Topinka.

In in again to repeat: and I hate to speak a seeond time. In response to Senator Collins. Maybe she did not hear my first eomments, which were Ehak those Who are currently covered under self-insured insurance policies do not necessarily have coverage for mammograns, unless indeed they've negotiaeed this as -- as a part and parcel of their insurance plan. Xesw we did vote for mammograms for those Who -- Who are lefte after al1 the self-insured's are taken out. This is an ever decreasing portion of the insurance pie Ehakls out there. mean, feel badly 137  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 1990 about this particular bill, too. Beinq a koman, especially, I feel badly. If I could print money in the basement of the Capitol, kould, but We can't. And again, there will be some shifting, and someone will get hurt, because this ls not in khe budget.

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

Thank you, Mr. Preskdent. Pirst, I'd lkke to correct my colleaque. She said over a million dollars - and the flscal note it is not, it's under much under. I wanted to correct you there. And We have the fiscal note. Secondly, I wanted to sayy she spoke in terms of age and there are already some beinq administered to right now. But this coverage would follow as a base line mammoqram for women thirty-five to thirty-nine years o1d - a mammogram every one to two years for those forty to forty-nine years o1d - and an annual mammogram for people -- women over fifty years of age. And then there are low-income women who cannot afford. The fiscal impact on this bill is sllghtly when compared to the fiscal repercussions of no public assistance cr mammogram services. The Department estimated thirteen thousand one hundred and three women Who'd use the services, kf available. The cosk for treatment of cancer detected would be much greater than the seventy dollars we would now spend on each woman to conduct a mammoqram. This provides a prevention mechanism, which will be saving the State revenue soon - not five years doWn the line. This bill is fiscally responsible, because by addressing the problem of caneer prevention, we do not react to a problem, buE rather to prevent a problem that is burdensome. The cost -- and will eost to our State and clearly this bill Would be eventually saving to the Department of Publie Aid. This is important, it would be a marvelous thkng, hecause at least you l38  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17e 1990 would givtng people hope. This is what Iîm asking ko do. Give them hope. This will not become effective before '9le and by that time, I1m sure the Lord will open up a way that the Senate here will have money to help pay these bills. Please: I'm asking you, give us this votev your favorable vote. Thank you, very kindly.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall Senate Bill 1881 pass. All in favor, vote Aye. All opposed, vote Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Please take *he record. On this question, there are 44 Ayes, 7 Nays, 5 recorded as Present. This billp having received the constitutional majority, is hereby declared passed. Senate Bill 1897. Senator Dunn. Ralph Dunn. Read the bill, Mr. Secretary. ACTING SECRETARY; (MR. NAQRX) Senate Bill 1897. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Perry, Senator Dunn.

Thank youy Mr. President and Members of the Senate. Senate Bill 1897, as amended, does three things and it is a11 in compliance with Ehings that the Illinois Department of Transportation agreed to. They had some clean-up language requested by IDOT, regarding the re-testing and testin: of school buses. It gives a two-inch variance on each side of some certain loads in permits issued by IDOT. And it also makes a small chanqe in a Section regarding the issuance of limited eontinuous operation permits. Ild be glad to answer any questions or I'd -- move and move its approval and adoption.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall Senake Bill 1897 pass. l39  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Al1 in favor, vote Aye. All opposed, vote Nay. The votin: is open. Have a11 voted who wish? Have a11 voted who wish? Please take khe record. Gn this question, there are 54 Ayes. no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. Senate Bill 1905. Senator Macdonald. Read tbe bill.

ACTING SECRETARY: (MR. HARRY) Senate Bi11 1905. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Cooky Senatör Macdonald.

Thank you, Mr. President. 1905: hope, is a taxpayer protection bill. Last -- in 1988 we put into law a creative revenue source which were called double barreled, or alternate revenue bonds. Sinee that time, and since those bonds were created, unfortunately, in my area, some of the local governments have been - particularly one park district - has been payinq off the -- refundlnq alternate bonds With non-referendum general obligation bonds. Some of the taxpayer Watchdo: groups that have been watching the operations of local government oppose this to -- to a great degree, as a matter of Eact, they want to abolish the alternate bonds which I -- I do not agree with. I think they have great, you know, qreat value for funding and so I would not agree to that. But I did aqree to put in this blll, and currently it is a very simple bill. Double barreled bonds are bonds which are issued as revenue bondsy but become general obligation bonds if revenues are insufficient. And under this bill, originally, khe double barreled bonds could not be refunded or advance refunded by general obligation bonds, which do not meet the eonditions required for alternate bonds. This bill would require a backdcor 140  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 referendum for subsequent general obligation bonds which will be used to pay off alternate bonds. The park district -- the Association of Park Districts objected to this bill, so we put it on an amendment which we think meets there objections. And that amendment merely says that the authorizing ordinance for the alternate bonds issued after January 1st, 1991, shall contain a statement that identifies any revenue source that will used to pay the principle and interest of those alternate bonds. We further require that in the backdoor referendum that that language also -- that that information also be revealed in the lanquage of the backdoor referendum. So that's essentially what this bill does. I think it will certainly relieve the taxpayers' watehdo: groups that -- to some extent. I -- it does not go as far as they would like: but I think that it is a good compromise, and ie is a protection to them. So I ask for your support of this bill.

PRESIDING OPPICER: (SENATOR LECHQWICZ) Any discusskon? The question is, shall Senate Bi11 1905 pass. A11 in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have all voted who Wish? Have all voted who wish? Mr. Secretary, please take the record. On this question, there are 51 Ayesy 3 Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. END OF TAPE TAPE 4

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senate Bill 1957. Senator Dunn. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HAKRY) l4l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legkslative Day May l7: 1990 Senate Bkl1 1957. (Secretary reads title of bill) Itîs the 3rd Reading of the bill. PRESIDING OFFICERJ (SENATOR LECHOWICZ) The Gentleman from Will, Senator Dunn.

Thank you, Mr. President. This bill is supported by Mental Health, and it does several things. It places a restriction on CILAS allowing four individuals to live in a residence unless the local zonin: permits more. It creates a distance portion of thirteen hundred and twenty feet between them. And in cities over five hundred thousand, permits a number of eight in a multi-unit dwellinq situation where they compose fifty percent of the dwellinqs. And lastly, it states that the kntent of this legislation is that CILAS shall be distributed equitably in counties and villaqes.

PRESIDING OFFICER: (SENATOR LECXOWICZ) The Lady from Lake, Senator Geo-Karis.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he Will.

I received a call from Mental Hea1th just the day before -- day before telling me they are opposed to this bill; and now youlre telling me that Mental Health is for the bill?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.

Senator, With my amendment, they're now in support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Geo-Karis. l42  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGUMAR SESSION SENATE TRANSCRIPT I 91st Legislative Day May l7, 1990 SENATOR GEO-EARIS: Which amendment, particularly, do they want, and will you explain that amendment? PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn. SENATOR T. DUNN: Thank you. 1111 be happy to, Senator. That was the amendment yesterday that I withdrew, which provided that there would be a reimbursement for lost tax revenue by agencies. PRESIDING OFFICCR: (SENATOR LECHOWICZ) Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, I don't want -- want to be obstreperous, but I understand that most of the Mental Hea1th groups are opposed to this bill: the Way it stands even though it is amended, and I cannot support it under the present circumstances. PRESIDING OFFICER: (SENATOR LECHOWICZ) ' The Lady from Dupage, Senator Eawell. SENATOR FANELL: Thank you very much. Will the sponsor yield for a question? PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will. SENATOR FAWELL: Senator, yesterday you gave me an amendment, and -- and you wikhdrew this amendment now? This is the amendment? PRESIDING OFFICCR: (SENATOR LECHOWICZ) Senator Dunn. SENATOR FAWELL: A1l right. To the bill, then. I faxed both khe bill and the amendment eo my Mental Health Deparkment. And let me tell you - in -- in - this Would be a disaster in my county. It is a -- a 143  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17y 1990 bill, first of all, that says that you've got - you can limit -- you must limit, to four people or fewer, Who are mentally i1l or developmentally disabled if they are living in single-family dwellings, unless loaal zoning regulations provide otherwise. The fkrst problem we've got, is we have a number of homes throuqhout the State that have got more *han four. Without local zoning, it is -- under the Eederal Fair Housing Act, we cannot do this. This is a -- a fairly new law that said anyone who is under the -- under this Act - and these -- tbese knclude both the mentally i11 and the developmentally disabled. And and Senator Kelly, hope you're listening, wherever you are and Senator Schaffer, that you cannot limik that to four. In khe first plaeez they can 't even break even with four or less. We have homes that have got six and seven. And they are, frankly, side by side in Wheaton. We've never had a complaint. Nineky-nine percent of khe people in Wheaton don 't even knoW they're there. We also have apartment buildings with our mentally i11. The AMI Groups -- the Department, at least my department, are certainly against this. This has never gone to the Mental Hea1th Commission. I understand What you're tryinq to get at. And -- and I appreciate what yougre tryins to :et at. And obviously, there have been some real abuses to the system, and I agree that we certaànly should be working with these. We should not be having rows of houses filled with schizophrenkc and manic depressive people. And I know tbat's what you're tryin: to get at, but I will tell frankly that -- that you've sort of overkilled. I would appreciate it if you would either take this bill out of the record or -- or, you know: let it die here in the Assembly. Letgs take it up at the -- at the Mental Hea1th Commission. I certainly Will Work With you . I'm on that commission. Let's try and come up With a bill khat does what you need -- you feel needs to be done. But this bàll is really not it, and it's going to hurt. It's not going to help . We l44  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 cannot do this to the DD's, and we can not do this to the MH's.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Dunn, to close.

Thank you, Mr. President. Well Senator Fawell, youdre totally misinformed on -- on this bill. And I Would say to you that had you attended the hearings that was conducted by the Joknt Committee in the House and the Senate, you would have heard the ' largest agency in the State that represents two thousand retatded people in khis State, and they are for this amount. And they think four is -- is a very representative figure khat represen*s the number closest to a normal family. And what they are requesting is that they have true integration in neighborhoods, but they don't want to be disruptive. They support it. So and I will also say to Senator Geo-Karis, the same thing - that those agencies did testify in the committee, and they did support this. And the fact that maybe your Dupage Mental Hea1th Department doesn't support that, that may be their position, but this is a reasonable approach. And a matter of fact, you say that we can't do this under the Fair Housing Ack, I took the number of thirteen hundred and twenty feet, which was from an actual Federal court case that was affirmed by the Court of Appeals. It was the Ciky of St. Paul versus someone, don't remember who the defendant was, and the court articulated that thirteen hundred and twenty feet was, in fact, a reasonable figure, which is what the Pair Housing Act calls for, a quote, l'a reasonable figure.f' The number four is a reasonable figure. The distance is a reasonable figure. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall senate Bill 1957 pass. All in favor, vote Aye. A1l opposed, vote Nay. The voting is open . Have a11 voted Who wish? Have a11 voted who Wish? Mr. Secretary, please l45  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 91st Legkslatkve Day May 17, 1990 take the record. On this question, there are 21 Ayes, 31 Nays. This bill, having failed to receive the constitutional majoriey, is hereby declared lost. 1958. Senator de1 Valle. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bi1l 1958. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OPFICER: (SENATOR LECHOWICZ) The Gentleman from Cooky Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. This bkll Was on the Agreed Bk11 List. took it off to do a technical amendment. It lust simply conveys land from the Department of Transportation to the Chirago Board of Education for the construction of a school.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Is there any discussion? The question is: shall Senate Bill 195% pass. A11 in favor, vote Aye. A11 opposed, vote Nay. Voting is open. Have al1 voted who wish? Have all voted who wish? Please take the record. On this question, there are 57 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. Senate Bill 1962. Senator Carroll. Please read the bill. Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1962. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) The Gentleman Erom Cook. Senator Carroll.

Why, thank you, Mr. President and Ladies and Gentlemen of the l46  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION GENKTE TRRNGCRIPT 91st Leqislative Day May l7, 1990 Senate. Senate Bi1l 1962 is the technical rewrite of the Comprehensive Hea1th Insurance Plan Aet as defined, o r as suggested by the Board as created by the original Act. It makes some technical ehanges to allow them to better serve at a cost-effective mechanism, and it allows for some additional cost containment measures. And, We believez appropriately deals With the issue of dumping. Wherein people who had insurance coverage, but because they were in a qroup that had high utilization, sueh as cancer victims, kidney dialysis and others, were beinq told by their employers they were going to take them off of privately paid plans and throw them into this pool. The board believes, and sa do 1, khat we have by this suggested change skopped that dumping. And I would answer any questions, and ask for a favorable roll call.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Is there any discussion? The question isy shall -- Senate Bill 1962 pass. Al1 kn favor: vote Aye. A11 opposed, vote Xay . The voting is open. Have a11 voted who Wish? Have all voted who Wish? Secretary, please take the record. On thks question, there are 58 Ayes, no Nays, none reeorded as Present. This bill, having received the conskitutional majority, is hereby declared passed. On Eop of Paqe 9 is Senate Bill 1977. Senator Barkhausen. Please read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1977. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Lake: Senator Barkhausen.

Thank you, Mr. President and Members. Senate B111 1977 is a b1ll khat passed unanimously in the Labor Committeez and ik had an 147  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 1990 agreed amendment adopted onto it yeskerday. It provides that any Work-related dispute between an employer and an employee shall, before an employee can resort to State Court, shall be resolved or shall be attempt -- an attempt at resolution shall be made through a grievance procedure, if one is provided. It applàes well I should say it does not apply to -- to grievances or disputes that may be based on -- on State 'Statute, such as provided our amendment yesterday with the exception for the Department of Human Rights -- or similar similar statutorily based claims. I'd be glad to try to answer any of your questions and Would otherwise urge Aye votes.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? The question is; shall Senate Bill 1977 pass. A11 in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Madam Secrekary, please take the record. On this question, there are 56 Ayes, no Nays: none recorded as Presenk. This bill, havin: received the constitutional majorityz is hereby deelared passed. Senate Bill 1985. Senator Holmberg. 1986 kas called back. Senate Bill 2000. Senator Welch. Read the bill: Madam Secretary.

Senate Bill 2000. (Secretary reads title of bil1) 3rd Reading of the bill.

PREEIDING OFFICER: (GENATOR LECHOWICZ) The Gentleman from Lasallez Senator Welch.

Thank you, Mr. President. As many of us know, the Federal Government is contemplatlng legislation enacting the Federal Clean Air Act of 1990. The Act is goin: to impose, on Midwestern states, an undue burden of taking care of the problem of acid rain 148  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7: 1990 in this country. It appears that al1 the efforts on -- on the part of the Illlnois delegation and Midwestern delegations have failed to spread the cost out throughout the country. For that reason, I proposed legislation to try to keep Illinois coal miners working and to ease some of the burden on Illinois. What the bill does will enable Illinois utilities to use Illinois coalw or power from solid waste energy facilitiesy and pass on a percentage of that cost to ratepayers. The amendment is an incentive to purchase Illinois generated solid waste to better meet the new standards proposed under the -- under al1 different versions of the Federal Clean Air Act. Utilities may forego the purchase of expensive solid -- of low -- expensive low-sulfur coal by using a combination of solid waste as well as high-sulfur Illinois coal. The amendment also enables a utiliey to pass along costs arising from other aspeets of the Clean Air Act, such as auto emlssion standards, which are outside the purview of this legislation's intent. Another provision, that had some utilities objecting has been taken out, and that is that utilikies under a contraet for the purchase of out-of-state coal are exempt from this bill. This would al16w for only Illinois-generated solid waste to be used in a qualified solid waste energy facility at all, so that we don't end up burning ouk-of-state waste. Increased costs borne by the utility shareholders will be charged to those -- in those instances where air standard -- air emission seandards, due to changes in the Federal standards, are not met, and -- and foreign coal to Illinois is purchased. And *he overall purpose Of the bill is to encourage purchase of Illinois by Illinois coal by utilities and to discourage the purchase of foreign coal. I would urge passase of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? The Gentleman from Cook, Senator Raica.

l49  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Thank you, Mr. President. Will the sponsor yield to a queskion, please?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Indieates he will.

Senator Welch, my analysis says that fifty percent of the costy if it allows that Illinois eoal is used in a purpose of complianee, fifty percent of the cost will be borne by the ratepayers. Is that in the bill? Is that true? PRESIDING OFFICERJ (SENATOR LECHOWICZ) Senator Weleh: please.

If it is Illinois coaly fifty percent of the cost eould be passed on to Illinois ratepayers, the cost of the scrubbers. Otherwise if they don't use Illinois coal one hundred percent would be passed on, as the Commerce Commission Would more than likely allow.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Raica. SENATOR RAIPAI I guess. another thing it says the -- d'the objective in thts section shall be ensured that the provisions of adequate, effective, reliable, and environmentally safe energy service at the lowest possible cost of al1 Illinois energy consumers and usersy'' and in doing so -- do you -- I guess there's a clause in khis bill that says that the utilities have eo offer this at a -- the lowest possible lowest rate. If youlre doîng this, aren't you saying that they're going to up the cost? PRESIDING OPFICERJ (SENATOR LECHOWICZ) Senator Welch.

I -- I think that's current lanquage in legislation: not our 150  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 bill. But what the bill is goin: to do is prohibit the Illinois Commerce Commission from passin: along one hundred percent of the cost to consumers. If the Clean Air Act soes into effect and Illinois plants have to put scrubbers on their utility plants, what will happen is that they will then go to the Commerce Commission, ask that all those costs be passed on to consumers. This bill says that if you burn Illinois coal, then fifty percent of that cost will be passed onto consumers; you don't burn Illinois coal, the utilities can't pass on anyehinq. No costs, will be passed on to consumers, if you don't use Illinols coal.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Raica.

Thank you: Mr. President. Just one last question. Senator, What is the position of CUB on tbis?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.

They have not taken a position on the bill. They usually take positions only on on bills that they introduce. Ik has been my opinion in committee, they -- they -- if they introduce the bill, they have a position, they have press releases and position papers, they didn't submlt a Witness Slip either way .

PRESIDING OPFICER: (SENATOR LECHOWICZ) Gentleman from Jeffersone Mr. O'Dantel -- Senator ôlDankel.

Thank you, Mr. President and Members of the Senake. I rise in strong opposition to this bill. The sponsor says that it will encourage the use of Illinois coal. If so, why is the United Mine Workers opposed to it, and the Illinois Coal Association? You know: I think we're sitting here with the largest deposit of high-sulfur eoal: hi:h BTU Coal in the nation. And I think al1 151  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 this bill is going to do is to encourage the use of Western eoal. It -- you know, he talks about incineration. maybe in the future that may be okay, but right now it's cost prohibitive. And think, you know, if he's really concerned about the environment, we ought to be thinking about doing something that gets the sulfur out of our coal, and where we can use this natural resource, we have here. And I think this -- this would be devastattng along with the Clean Air Act, that's coming out of Washington, for -- for Illinois Coal. And for that reasone oppose the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) The Gentleman from Champaign, Senator Weaver.

Thank you, Mr. Prestdent. I was readàng this release from or this note that Ralph Dunn sent out. I don't see him on the Floory but in that the Illinois Coal Association and the United Mine Workers are saying that, basically, the complicated provisions of the Federal legislation are not knoWn yet. What is the status? Are -- are those rules and regulations -- have they been dealt with by the Coal Association of Illinois, or -- or the Mine Workers?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.

In the Congress, there are two separate bills proceeding along. The Senate has passed a bill that says ehae the cose of the Clean Air Act to clean up acid rain will be borne by those coal usin: utility plantsy most of which are in the Midwest, and Ehe cost will not be passed throughout the country. In the House: the version of the bill also says that the cost will be borne by Midwestern utility plants as well. The reason Why you got this sheet' passed out by the Mine Workers and the Illinois Coal Association, is that they are under the belief that they can 152  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 change the minds of Congress to suddenly reverse their position and spread ehe cost out throughout the country. That's not going to happen. The bills are proceedin: along. The Senate has passed one; it's over to the House. The House is still Working on their version, but both versions stick it to Illinois.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Weaver.

Then What youdre sayinqz by this bill, is that utilities do not pass it on to the ratepayers. Is -- is that What you're saying?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.

What I'm saylng is if they don't use Illinois coal, they can 't pass on a single dollar of the scrubbers to Illinois ratepayers. This -- this statement is totally inaccurate. If they don't use Illinois coal they can't pass on anything. If khey use Illinois coal, they can pass on up to fifty percent of the cost. The other fifty percene will be borne by their -- shareholders or their stockholders. So if they use Illinois coal, there 's the incentive. You can pass on fifty percent of the cost. If don 't use Illinois coal, you pass along nothing . So this -- this statement is totally inaccurate, and apparently was written by somebody kho didn't read the bill. PRESIDING OFPICERZ (SENATOR LECHOWICZ) Senaeor Weaver. SENATOR WEAVERI This -- is there any reason Why We should act on this immediately, Senator Welch?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch. l53  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislakive Day May 1990

Well, I think that we need to get the legislation on the books. -- I think that the Congress is going to aet over the summer When we're not in Session. And I think it's a 1aw that makes good sense. It's a 1aw Which protects the ratepayer. don 't think kedre going to do much else for consumers here in Illinois this year. Theylre not qoinq to get any tax relief. And I thknk thks ks something that helps consumers - reduces cost to consumers - and is something that should be on the books.

PRESIDING OFPICER: (SENATOR LECHOWICZ) The bady from Lakee Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, when we can have unemployed coal miners by the thousands: thatfs not goinq to help the consumers, because those people won't be able to eat. And I think you're legislation is laudablez but I think it's a litEle bit too soon. As Senator Weaver said, Why don't *e wait until the Pederal legislakion is completed? And I donlt know whether you 've traveled dokn south of Illinoiss like I have in the past, but I can tell you that I saw many, many people out of work who were coal miners. And I think that when you say, if they use Western coal, they don't have to pay; the ratepayer doesn't have to pay. First of all, the best coal is Illinois coal. It has the highest BTUS. However: what we should eoncentrate, as Senator O'Daniel said: is gettin: the sulfur out of our eoalz not worrying about charging the -- the ratepayers, and the -- and the shareholders. The important thinq is ko keep the jobs going, because 1 don't Want to Gee the unemployment I saw in -- 1986 when I went down south in Illinois. Therefore, I'm forced to speak against the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Cook, Senator Macdonald. l54  STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990

Yes. Would the sponsor yield for a question: please?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

Pat, I understand your dilemma, and what youlre trying to do. But from a technieal standpoint, how can a shareholder be specifically held liable for this aet of Congress? you knoW, mean seems to me that they have a limited liability on investment of their stocks: don 'e khey?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.

Wellg I've -- I've got two different ideas on hoW tbat could happen. Number one, either reduction in dividend: or two, the company could issue more common stock.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Macdonald.

I think ehat: of course, aside from the technicalities of, you knowe being responsible for an act of Conqress, and to hold the shareholders either totally responsible, regardless of what -- whether we use soft eoal or -- or coal from the West, or what, think the principle here ise you know, is flawed: and maybe it may be an attempt to be fair to have a fifty -- fifty percent of the cost borne: but there is very little -- very little reason for investors to invest in a utility if this is going ko be the Way wefre going to be addressing a problem of this magnitude. So# I would -- I would suggest a No vote on this bill.

PRESIDING OFFICER: (SENATOR LEPSOWICZ) The Gentleman from Tazewell, Mr. Senator Luft.

l55  STATE QF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Thank you, Mr. President. Would the sponsor ykeld for a question?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

j Senator Welchy I'm totally confused. The conversations that I've heard about the Mine Workers and the Coal Association being opposed to this, I have yet to -- and I can't understand Why they are, to be honest with you. And if I'm looking -- and if Ehis is the only one that Senator Dunn passed outr maybe he could explain it betker than you. It says, ''this bill discourages the use of Illinois coal by encouraglng incineratione'f That's the only fault that I can find in ehis statement that they're proposing. And if theylre finding fault ln ineineration, then I ehink -- and they think incineration ls going to put the coal miners out of work in the State of Illlnois: I think they're about as far off base as you can get. And if they were opposed to incinerationz they should have been here two or three years ago when We passed the incentives that are required, and those only incentives that allow you to build incinerators in the State of Illinois. Now can you tell me are they opposed, am I right, and their opposition is only because of incineration? Or are there other components of their opposition, that I'm not aware of?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.

From talking to the lobbyists for these groups, the best I ean understand is they think theydre going to get a better shake out of Congress, and they lre not going to. Other than that, the incineration, I think, is something tbeyfre just throwin: in as a red herring. The bill encourages a combination of coal and incineration to be used to generate energy when incineration ts 156  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 available.

PRESIDINC OFFICER: (SENATOR LECHOWICZ) The Geneleman from McLean, Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. I -- 1 -- I guess we're al1 sharing some confusion on -- on the bill. And I I confess that I am koog Senator Welch. I'm not sure all the stories welve heard from either side are -- are exactly -- I'm not sure whether they're accurate or not. My -- 1- I guess my concern Would be from a investor point of view. When responding to the statement or the question from Senator Macdonald, one of your eomments was they would issue more common stock, and I guess my question would be, Who would buy it? Utility stock has been a pretty good investment. Our pensicn syskem here and other pensions invest in that stoek. And I -- -- if I was -- if I was on a board, or if I Was an investor a large inveseor in a -- in a utility eompany, and I was dealin: with a fossil fuel plant Ehat kas getting toWard the end of its active productive time, and many of them, as you well know are; and facing the increasing cost of meeting the Clean Air Act, I'd close the darn thing down, or I'd vote to close it down. And I -- many of -- you and I have -- discussed this beforep both on the Floor and privately, and I think this does *he same thinge and ultimately -- ultimakely makes inveskmene in that company less attractive for -- for any of us that invest in that. And I -- think senator Weaver made a good polnk, I -- I'm not sure about the rush for this, and why we need to do it now. Lek's not force khese companies into something that wefre going to be sorry for afkerwards. Right noW I view the bill as -- as kind of a heads you loose/ tails you loose, at this point. And Would suggest thae you either take the bill out of the record, or We defeat it.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 157  I 1 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 I The Gentleman from Perry Mr. -- Senator Dunn. , SENATOR R. DDNN : Thank you, Mr. President. I1m sorry I Was off the Ploor when this bill came upr but I did circulate and put on each of your desks, a letter from -- or a memo from the United Mine Workers and the Illinois Coal Association. And they are strongly in objection to this bill, partly because of the fact of the incineration. And Senator Welch is probably correct that that's not the only reason perhaps. In talkin: to the utilities and I think you a11 know that if they have a choice of whether they are going to pay their shareholders or stockholders money, it would be a 1ot easiez for them just to switch and burn Western coal, which would comply kith the Clean Air regulations. But it would be to the detriment, and just to the ruin of Illinois coal sales and coal mining. This is the main reason, I think, behind the billr is the fact that we don't want our utilities to switch to Western coal. We want them to burn Illinois coal. We don't particularly want them to burn garbage although co -- cogeneration would be alright, I'm sure. But I -- I would urge a No vote on this bill, and it's a bad bill for the Coal Industry and for the State of Illinois. Thank yau. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch, to close. SENATOR WELCH : Well, I#d just like to say that this piece of information handed out by the Mine Workers is the most misinformed piece of information I've ever seen on the Floor of the Senate handed out by -- by a individual lobbying group . Senator Dunn, this bill does exactly What you want it to do. It encourages the use of Illinois coal. Senator Maitland spoke about - Why Would anybody conkinue to build a plant in Illinois. Well, for the profit motive is why they are qoing to build it. Why are they goin: to buy Illinois coal? And Senator Dunn referred to the fact that the l58  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 utilities really want to buy out-of-state coal. That's right. They want -- utilities would want to buy out-of-state coal because they can -- they don't have to put the scrubbers in . If they don't if they buy out-of-state coal, they can't pass along the cost of the scrubbers. If they -- if they -- if they buy Illknois coal only fifty percent of the cost - if they buy out-of-state coal they can't pass along anything. The -- theylre encouraged to buy Illinois coal because of the capital costs can only be passed along at a fifty-percent rate to Illinois consumersy if they buy Illinois coal. Utilities' stock is different from a utility bond. A utility bond does not have the risk that stock has. That's why you buy stock. That's why stock goes up: because you take the risk, and the risk is what encourages people to invest. The issue of stock by a utility company that's going to make a profit, I think that would -- Would sell. If they can 't issue the stock, I think they could issue bonds to raise the capital. The idea that we should not use Illinois coal in these plants is something that I'm vehemently against. That's Why the bill is meant to enaourage the use of Illinois coal, discourage the use of out-of-state coal. The way We're going to do that is by giving an incentive to use Illinois coal. The argument that this is going to put miners out of work is -- is absolutely incorrect. It's going to encourage employment of Illinois Miners because they can only use Illinois coal. This is a bill that is in favor of the consumers, and it's also in favor of the miners. The miners just want to kill it because they lve :ot another agenda in Washington; an agenda they dre not succeeding on at this time. So if you want to vote wikh the consumersz and you want to vote to keep jobs for the mine workers, you should vote Yes on this bill. I would urge an Aye voke.

PRESIDING OFPICER: (SENATOR LECHOWICZ) The question is, shall Senate Bill 2000 pass? A11 in favor , l59  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 voke Aye. A1l opposed, vote Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Please take the record. On this questkon, there are 9 Ayes, 45 Nays, none recorded as Present. This bill, havin: failed to receive the conseitutional majority, is hereby declared lost. With leave of the Body: we'll revert back to Senate Bi11 1985. Hearinq no objection. Senate Bill 1985. Senator Holmberg. Please read the bill.

Senate Bill 1985. (Secretary reads title of b1ll) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATUR LECROWICZ) Senakor Holnberg.

Thank you, Mr. President. This bill is an aetempt to bring into the teaching profession those people now ln the business world who would like to change their profession and become members of the teaching profession in the teacher shortaqe areas. makes persons holdlng bachelor's deqree, with a minimum of ten years employment in a field other than teachingy eliqible for wbat is now existing as eeacher shortage seholarships. Under the present law governing teacher shortage scholarships only recent graduates, and those with teaching certificates are eligible. Tbis would allow persons with bachelords in otbez fkelds to 9et a scholarship to allow them to prepare for -- teacher certificakion.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Any discussion? The Gentleman from Cook, Senator Kustra.

Thank you, Mr. President. Just to echo *he words of Senator Holmberg, I think Welve a1l recognized that there are some serious teaching shortaqes across this State, especially in certain pockets of Illinois. And I endorse this proqram. think it's a 160 ' ' tT 86ShAT GEN0 EF RAI AS LLL SO INEM IS REGULAR SESSION BLX SENATE TRANSCRIPT 91st Legislative Day May 1990 very good Way to :et teachers into the work force. I urge an Aye vote. PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Holmberg: to close. SENATOR HOLMBERG: Just simply in summary, that these teacher shortage scbolarships will be available to people who want to switch careers and become teachers. I think it will add a great deal of strength and depth to the teachin: professionz and is a bill that we all should support. PRESIDING OPFICER: (SENATOR LECHOWICZ) Question isz shall Senate Bil1 1985 pass? A11 in favor, vote Aye. All opposed, vote Nay. The voting is open. Have all voked who wish? Have al1 voted who wish? Madam Secretary, please take the record. On this question, there are 57 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 2001. Senator Welch. Madam Secretary, please read the bill. SECRETARY HAWKER : Senate Bill 2001. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING QPPICER: (SENATOR LECHOWICZ) Senator Welch . SENATOR WELCH: Thank you. Mr. President. Last year, a House Joink Resoiution required the Department of Energy and Natural Resources to form the Solid Waste Reduction Task Force. The committee that was formed met uê until, I believe it Was: last Friday, and they broke up over an issue concernkng funding the agreement that they had achieved. What I1m trying to do with this bill is to keep the parties neqotiating. And whak this bill does is Put in the l61  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day MaY 1990 reeommendations of the Solid Waste Redûction Task Eorce, which inelude financial assistance to local governments, businesses, non-profit groups, and encourages certain goals for recycling. Welve taken out the provision concernin: fundinq the program, and what I've done is I've proposed a -- a meeting for next Wednesday to begin talking about how we're going to fund khis bill. What we hope to do is continue negotiations and discussion on this bill, and use this bill as a means to resolve and reach a final conclusion on the Task Poree report. Ild be glad to answer any questions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The Gentleman from Bond, Senator Watson.

Yes. A question of the sponsor, please.

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

Is Amendment No. l still a part of the bill?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Welch.

Amendment No. l was Tabled, Senator.

Thank you .

PRESIDING OFPICER: (SENATOR LECHOWICZ) The Lady from Lake, Senator Geo-Karis.

Will the sponsor yield for a question?

PRESIDING OPPICER: (SENATOR LECHOWICZ) Indicates he will.

You you amend -- you Tabled Amendment No. l and that had 162  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 removed the most objectionable Section of the bill and which would have banned the beverage containers that are deemed recycled by July 1, 1991. Why did you Why did you Table that amendment?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.

We took it out to have the discussions continue further while We debate exactly what's going to be in the final bill.

PRESIDING QFFICER: (SENATOR LECHOWICZ) The Lady from Dupage -- the Lady from Lake, Senator Geo-Karis.

Well, Mr. President and Ladies and Gentlemen of the Senate. As yet, we don't really have bags that have been really -- decreed biodegradable. There's -- there's still questions about that. Don't we think wefre a little bit too preemptive and way ahead of our time, until we get some good Gcientific knowledge as to what is biodegradable and uhat isnet? They still don't really know and - no# it's not out of the billz it's skill in the bill - and -- this bill, as far as I can see from our analysisy provides for a total ban on a11 beveraqe containers, as well as container connectors.

PRESIDING OFPICER: (SENATOR LECHOWICZ) The Lady from Dupage, Senator Karpiel.

Thank you, Mr. President. Just to clear up any confusion that anyone has. senator Welch, is 2-0-0-1 noW Bimply the report that came out of *he task force that ENR and these other entities, you knowr Worked on for eight months, and this is the product of khat reportg but without the funding mechanism, and d1d ie reduce the - - the reduction level to twenty-five percene by 1995 taking out the thirty-five pereent? And other than that, that's all thatls in the bill, is that Task Porce report kith tbose tWo changes? l63 I STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7: 1990 I PRESIDING OPFICER: (SENATOR LECHOWICZ) I Senator Welch. SENATOR WELCH: Senator, there's only one additional thing to what you said . The original bill had a requirement that connectors for these cansw the six-pack connectors, be biodegradable. That's in the bill. I'm still negotiating with the parties on thak one as well. Not as to that being in the bill as being a problem, but as to the daee it's effective. That's What the negotiations are on khat part. PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator xarpiel. SENATOR KARPIEL: Thank you, Mr. President. Then I stand in support of Senate Bill 2-0-0-1. This is a -- the product of about eight months Work of this Task Force under the direetion of ENR. There are still some questions to be Worked out about the funding mechanism, et eetera, but we do have to keep this going. Thank you. PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Weleh, to close. SENATOR WELCH: The process of negotiating is continuinq. Wedre trying to get something qoinq on recycling, and this is a vehicle to do so. I would urge an Aye vote. PRESIDING OFFICER: (SENATOR LECHOWICZ) Question 1sy shall Senate Bill 2001 pass? All in favor, vote Aye. All opposedz vote Nay. The voting is open. Have a11 vated who wish? Have a11 voted Who wish? Madam Secretaryg please take the record . On this question, there are 53 Ayes, no Naysw 2 recorded as Present. This bill, having received the eonstitutional majority, is hereby declared passed. Senate Bill 2014. 2-0-1-4. I l64  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leglslative Day May 17, 1990 SECRETARY HAWXER: Senate Bàl1 2-0-1-4. (Secretary reads title of bill) 3rd Readin: of the bill. PRESIDING OFPICER: (SENATOR LECHOWICZ) Gentleman from Lasalle, Senator Welch. SENATOR WELCH: This is a Legislative Referenee Bureau Bill. It was on the Agreed Bill List and I had to take it off for a technical amendment. It allows each Act withàn the Statuke to be given a shork title so that it's easier for the Reference Bureau to cross-reference the Statutes in the State of Illinois. I 'd urge an affirmative vote. PRESIDING OFPICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall Senate Bill 2014 pass. K11 in favor, vote Aye. All opposed, vote Nay . The voting îs open. Have all voted Who Wish? Have a11 voted who wish? Madam Secretary, please take the record. On this question: there are 57 Kyes: no Nays, none recotded as Present. This bill: having received the constitutional majority, is hereby declared passed. Senate B&ll 2-0-2-0. Senator Marovitz. Madam Secretary, read *he bkll. SECRETARY HAWKER: Senate Bill 2020. (Secretary reads title of bt11) 3rd Reading of the bill. PRESIDING OFFICER: (SENATUR LECHOWICZ) The Gentleman from Cook: Senator Marovitz. SENATOZ MAROVITZ: Thank you very much, Mr. President and Members of the Senake. This is a very simple bill. It's a one-page bill. And it's aimed at saving kidsl lives and educating people about the need for gun 165 I I  STATE OF ILLISOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 safety, and preventinq the kind of accidents that occurred -- ! Well: just Monday of this week, I passed out something, and I'm sure it's happened in almost each one of your districts. I passed out a sheet of paper about accidental Ehootings in Brighton Park, St. Louis, East St. Louis, Washington Park, Quincy, Chicago, Custer Park, Franklin Park, Peoria, Cicero, Berwyn, Glendale Heights, Farmington, Elgin, Waukeganz Taylorville, Westervelt, Quincy. It happens across the State of Illinois, and it happened just Monday when a boy was killed when playing with loaded weapons - happened Monday in the City of Chicago. It's a very simple billy and it says that if you have a gun and it's a loaded firearm, and you know that a child of under fourteen could gain access to that gun, that you have responsibility to secure that Weapon either with a safety lock device, or in a locked box someplace where that child under fourteen is not qoing to gain access to it, and kill or -- maim himself or his playmates. And kf you do, therelll be criminal responsibility. I was asked at the time to reduce the penalty from a felony to a misdemeanor. I Was asked by Senator Fawell and Senator Barkhausen and Senator Hawkinson, and they introduced legislation on amendment to do that. And that amendment passed, and the penalty is noW a misdemeanor rather than a -- felony. The only place this bill -- it's pending in many, many states right now. It's passed in Florida. I want to read to you just a few words about What happened in Florida after this bill passed. And I quote, ''Gun shop operators are having trouble keepînq qunlocks and safety boxes in stoek, following passage of a bill that could send adults to jail for leaving guns within children's reacho' f Quotey ''We used to sell maybe four or five trlgger locks for every one hundred gunsy'' said a gun shop owner, ''but now it seems everyone wants one. There's a whole neW awareness about guns, and kt could only lead to less accidents.' And that bill made the penalty a felony . 166  STATE 0P ILLINOIS ' 86*b GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May 17, 1990 E That bill was drafted with the help of the National Rifle 1 ' Association. I will make a commitment to the Members of this Body that nothing will be added to this bill, no semiautomatic assault weapons, no other gun legislation will be added to this, and the penalties will not be made stiffer, or I will Table the bill. And I will make that commitment to evelyone hele. This bill passed ïn -- passed the House in Iowa; it was backed by the National Rifle Association in Wisconsin. The headline here is ''NRA Backs Gun Safety Law.'' This is a relatively simple bill. It's not aimed at putting people in jail. It's aimed at doing just what happened in Plorida - making people aware about the need for gun safety and locking up their guns if there are kids of tehder age Who could gain access to it. This doesn't infringe on anyone's constitutional rights, or tell someone that they can 't have a gun. It's just aimed at saving kids' lives, like the one that was lost - - like the one that was lost on Monday. We all were a -- were colleagues of a Member of this Body, Senator Randy Thomas. Some of you know him . I knew him . I served with him. His son died of an accidental gun shooting: and he told me that his life has never been the same. He supports this legislation, and I Would ask you to forqet about who lobbies one way or the other, and just look at Ehe logic of khis legislation, and how basic it is: and support this legislation. Thank you .

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The Gentleman from Cook, Senator Brookins.

Thank you, Mr. President. Senator Marovitz. Will -- Will the Senator yield Eor a question?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Indicates he wlll.

Senator Marovitz, you alkuded to someone getting killed in the 167  STATE OP ILLINOIS 86*h GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislatkve Day May l7: 1990 City of Chicago on Tuesday -- on Monday, May l4kh, and have an article that you passed out, and it reads, ''Police say the thirteen-year-old friend accidentally shot Michael Perkins, a third grader, who was killed Sunday niqht by a sawed-off shotgun. '' We're talkkng about a sawed-off shotqun. What's -- what's the penalty for a sawed-off shotgun, and who can legally have a sawed-off shotgunz and who can...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

They are lllegaly as you know. I don't know what the penalty ks, but they are kllegal.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Brookins.

It's against federal 1aw to have a sawed-off shotgun and -- very illegal and et cetera. I 'rise in opposition to this bill. And I rise in opposition because I think that the constituency and the people that live in my district uhere we are being plagued now With all types of crime and et cetera, due to the influx of narcotkcs, and we can debate wbo bringing kn the narcotics and what have you, but nightly I hear that in debate why the narcotics is being brought into the communitiesz in the eitiesr and the suburbs of the City of Chicago, and who's bringing them in, and nok only Chicaqo, but across the State of Illinois, here in Springfield, Ehe eas: side and et cetera. But there are decenk, hardworking people that owns guns, and they own them for their protection. Now you 're going to say that a gun is not for proteetion. Youfre qoinq to say that a :un is made to kill , and would agree with you . And I think that kE you're în your house at night, at two o'clock in the morning, and someone is crawling through the Window, I think you will feel much better if you had 168  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7: 1990 the gun -- stuck under your pkllow or under your mattress, than if you had it in a locked box somewhere, where you had forgot the -- combination, or had to go find the key to unlock the gun to use it. Guns, like anything else, are tools. And a toolr when used properly, is what it is - a tcol. Not harmfuls not dangerousz et cetera. I knok that Lhrough good training, education of young folks, it can be useful. And therefore. I stand kh oppositkon to this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Bondz Senator Watson.

Thank you? Mr. President. I'd like to ask the sponsor a question, if I might.

PRESIDINC OFFICER: (SENATOR LECHOWICZ) Indicates helll yield.

Senator, I'm not an attorney, but I'm reading amendment -- lt says Section on line l4, flrst page, it says, unless the firearm is placed in a location which is a reasonable -- which a reasonable person would believe to be secure from a minor under the age of fourteen years. Now, as I say, I'm not an attorney: and it -- that -- what kould be -- yeahy What does that mean? -- jusk -- that seems very ambiguous to me.

PRESIDING OFFICER: (SENATOR LECHOWIOZ) Senator Marovitz.

think the key word there is ''securer's and that's why we mention krigger lock mechanisms, and locked boxesz and other kinds of locks. Thae's wby We mentioned that. I think the key word there ls ''secure.e ' certainlye in an open drawer, or just put in a closet, that would not be a secure place.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 169  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Senator Watson.

Yes, thank you, Mr. President. Well, you addressed that ' fsecured by a trigger lock mechanism' in point number dne, and point number two is ''in a secured locked box.'' I don't know why you have point number three in there, because obvtously it is ambiguousy and it's probably going to create problems for your for your bill. But I don't know hoW many of you have gotten the information that's been handed out from the National Safety Council Accident Facts, the 1989 edition, where it talks about firearms and what has happened With accidental deaths and firearms since 1967. It's gone from around twenty-nine hundred to fourteen hundred per year. And khy -- why is that happening? Why is the direction of deaths -- the resulk from accidental firearm why is khat happening? Well, prlmarily s beeause of education. think: Senator, that the Florida legislation, and I'm not sure about the other states, but I tbink the Florida legislation that was supported by the NRA and other -- other :un qroups had a stronq education proponent in it, and we don't have that here, Senator. That's not somethin: that -- that youlre trying to do. And I think khat that's the direetion that We ought to -- head. Legislation like this really has no positive impact, as far as I'm concerned, and obviously we're doin: the right thing. In this same report from the National Safety Council, poisons accidental deaths from poisons - have gone from twenky-five hundred in 1967 to over five Ehousand: Ehree hundred in 1988. Xaybe We ought to be talking about poisons instead of firearms. I really think that this type of leqislation really isn't going to solve -- solve the problem . Ikdll probably create more than it's actually going to solve. And I think wedre solving the problem and would do more by educakion. I think the No vote is the proper way to go on this bill. Thank you. 170  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7w 1990

PRESIDING OFPICER: (SENATOR LECHOWICZ) The Gentleman from Rock fslandz Senator Jacobs.

Thank youy Mr. President and Ladies and Gentlemen of the Senate. I think that, in a1l candor, that Senator Marovitz hkt on it a little bit earlier. He talked about Randy Thomas. Randy Thonas preceded Clarence Darrow before I took this seat. Randy Thomas called me from -- from Arizona this morning: and he asked me if would relay this story. And let me tell youy first of allz that I think any of you that knew Randy Thonas - or know him at all - acknowledges that he kas a tough, tough-on-crime type guy. He was a pro-gunowner. He Was pro-NRA. He Was pro-veterans group . And Randy told me to tell you he hasn't changed. However, he also said he hasn't been turned into a do-gooder either. And he said he has never voted, that he can remember, with Senator Marovitz. 3ut he wanted me to pass on a story, and ik happens ko be a story that I am very familiar with. Randy had an adopted son. A son who would have graduated from college last year with my daughter. Randy was a good kid. In fact, my daughter had a little crush on him. A crush that wasn't allowed ko develop. A life that was not allowed to develop either. A11 because of the lack of a five-dollar gun lock. Randy was accidentally shot at point-blank range by a .30-06 by his best friend. Distraught from what he had done, Jimmy turned the gun on himself; took his own life. Two boys dead; two lives snuffed out too soon. All for the lack of a five-dollar :un loek. We're not talking about guns. We're talking about protection from young kids taking weapons and using them inadvertently. My God, can you imagine what, you know, it's -- it's sad enough that the kids are nok here, but what about the parents? Randy still suffers with this today. And it's a contributing factor, I think, and many reasons why Randy has had other personal problems. I ask you, and Randy Thomas asks you, to 171  STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 vote for this simple, unobtrusivez simple piece of hardware.

PRESIDING OPFICER: (SENATOR LECHOWICZ) The Gentleman from Sangamon, Senator Davidson. SENATOR DAVIDSON) Question of the sponsor.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indieates he will yield.

Senator Marovitz, it says either a gun lock: trigger loek or a locked box, and as it happened here recently, two children broke into the locked gun cabinet of their father. And unfortunately, in an acekdent, the five-year-old killed his nine-year-old brother. Under this provision that you have, would this father now be liable for a misdemeanor charge under the Skatutey if this unfortunate -- Would become law, because he had it in a locked cabinet and the kids were able to break into it?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

Absolutely not.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Davidson.

Second question, as you did change to a misdemeanor from a felony - thank God have some question how can the Class A misdemeanor hold up 'cause *he chtld really did no more other intentional damage than that they broke into a locked box or et cetera, or galned access to make the parent liable to a Class misdemeanor. Now ks this Class A misdemeanor superfluous, or is it likely not to be held up, or to be held up? I'm not an attorney.

PRESIDING OFFICER: (SENATOR LECHOWTCZ) l72  STATE OP ILLINOIS 86th CENERAL ASSERBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 Senator Marovitz.

I -- I'm very confidene that it would be held constitutional, and I don't think there's any question. There is nothing superfluous about and the penalty is on the :un owner who wasn't responsible and who was negligent in leaving that gun around for that child to use.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson.

Hello. Also, if the parent has the misfortune of the child breaking in et cetera: et cetera, they can also be sued under the civil liability, and there's no cap under civil liability, as understand it# in Illinois law. Also: under the civil law, you can bring suit for a wrongful death action. So this would allow someone to bring a suit against a parent who 'd be totally innocent, due to the action of his child: for astronomical damages - - either under the civil wrong deathe or under the civil liability. Is that not correct?

PRESIDING OFFICER: (SENATOR LECROWICZ) Senator Marovitz.

What youlre saying is not accurate at all. This bill does not allow anyone to bring suit for anything. This doesn't speak to that at all. This speaks to the criminal penalties...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson. Excuse me.

e .. There are -- there are civil damages.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz, -- have you concluded? Senator Davidson.

173  STATE OF ILLINOIS 86th GENERXL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91Et Legkslative Day May 17, 1990 Well. As I read the amendmente there was civil liabilities under it. Ladies and Gentlemen of the Senate, I rise in opposition to this bill. think - khich was stated by Senatoc Watson - education, in which the NRA has been very stronq for, has reduced the amount of accidental deaths. And I want to tell you, fortunately, l've never been involved in thisy and my son's noW twenty-nine, and my dauqhter's thirty. But if you have a parent who has a chLld - as kt happened just recently kn my distrkct that break into a locked cabinet and have a tragedy happen in an accident, and then 1ay on to them the possibility either a misdemeanor charge, Where they're qoinq to elther have a fine and/or jail time, plus the possibility of civil liability, 'cause Senator Marovitz, civil liability is in that amendment that was adopted that changed it from a felony to a misdemeanor. And urge all of you to think twice, and urge a No vote on this horrendous bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Cook, Senator Collins.

Why, thank you. Question of the sponsor, because I hearing a 1ot that's - is said that's in this bill that -- that I#m -- Ilm not seelng in the billy and I'd like to - for clarifieation, Senatorz...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

...does this bill deal wîth anythin: with the exception of safety, securing either with a lock, or locking the gun in a plaee out of the reaeh of children?

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Marovitz.

l74  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Leglslative Day May 17, 1990 That's a11 the bill deals with.

Well rise in very strong support of this bill. I'm sure that most of you have been here over the years, and after President Reagan was shot, I think there was a proliferation of all kinds of gun control bills throughout the country, includin: Illinois. But prior to that, I had been attempting to and had introduced, several years in succession, some kind of gun control legislation. Not believing in - given the fact that we don't have police -- adequate police protection and safetyw especially in some areas of the State - that people should be denied in the absence of that protection the right to protect themselves. But whak I did, I did not deal with abandoning the guns, but with some gun control. And a11 of that leqislation has failed. But in looking ak the Tribune's -- one of khe articles of the Tribune, -- I would just have to eeho them. Of al1 of the legislation that We've had coming through here on gun control, some legitimaey -- Was legitimate that failed. 3ut think we're goin: to look pretty foolish to vote against a bill that simply deals with safety of the children. I don't care Whether or not, you know, where you live and what you dre riqhts are to have a gun, you don't have the right to be careless enough to have that gun in a place where your child can play with it and get killed , or kill someone else 's child. And yes, it should be made a penalty for youy if you are that careless, because it's child neqlect if -- if for no other reason, it is already a crime, and we should just strengkhen it, and that's all this blll is doing. I think we all are going to look pretty foolish voting against this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Lake, Senator Barkhausen.

Well. Mr. President and Members, I think most of those who 175  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 have spoken already are -- are correct in -- in different ways. happen to support this legislation for most of the same reasons as as explained to us by Senator Marovitz. But I think at the same tkme, some of the opponents have made a good point, particularly Senator Watson, in pointing to the statistics that we shouldn't ignore if, indeed, they îre correct, as -- as We can 't help but believe they are, from the National Safety Couneil, indicatinq that for a1l of the tragedies that are wrought on society as -- as a result of the careless use of guns and perhaps particularly handguns, that there are far more tragedies from -- from other sources that we ought not to iqnore, whether it's the Wreckless use of automobilesz the unsupervised swimming that leads to drownings, the careless allowance of access to poisons, and other products that can -- can bring about, unfortunately, the same tragedies. It may well be that the principle embodied in this bill has application to some of these other products. don't know. But I think that that is somethingy Senator Marovitz, that we ought to seriously think about. But I don't think at the same timez We should should ignore the simple step that this bill would take. I can't help but believe that it is going to lead al1 gun owners, virtually a11 gun owners. to stand up and take notiee that Yes, theyfre going to have to be more careful in Where they leave their guns, whether -- whether they leave them loaded: and to think seriously about who might have access to khem. I frankly don't know whether it nakes eomplete sense to provide Ehe types of crkminal penalEies that we have here. But Would note again, that the penalty has been redueed from a felony to a misdemeanor. We are simply trying to draw attention to gun owners, to the possible consequences of the careless use of guns. And I think this -- this bill takes a reasonable step in that direction, and I urqe your support of it.

PRESIDING OFFICER: (SENATOR LECHOWICZ) l76  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7# 1990 The Lady from Lake, Senator Geo-Karis. SENATUR GEO-KARIS: Wellr brieflyp Mr. President and Ladles and Gentlemen of the Senate. I oppose this bill for several reasons. You cannot leqislate against stupidity or iqnorance. If a parent is goinq to have a gun: my gosh, they should see to it that it's in a good safe place, and they should educate their ehildren as to What can happen. As Senator -- as Senator Brookins saidr you cannot just -- you cannot tell people: my qosh: wefre going to make a criminal out of you, and youlre a parent. If there 's a accident that happens, 1et me tell you. that parent will be pretty upset as it is. However, this is not -- I don't thinks it's a good thing. I really mean this. ïou cannot legislate against stupidity and ignorance. You have to educate, as Senator Watson says, and keep educating the young people to knok the whys: and wherefores of guns. What about knives? What about baseball bats? What about poisons? Wedve had more casualties, and I -- I just canlt see the sense of it. There's enough -- there is enough laws in the books for criminal neglkgence... PRESIDING OFFICER: (SENATOR LECHOWTCZ) Senator Marovitz. SENATOR GEO-KARIS: ..wand civil negligence and al1 I can say is, don't think this is a step in the right direction. PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentieman from Knox, Senator Hawkinson. SENATOR HAWKINSON: Thank you, Mr. President. I rise in support of this bill. I opposed it initially in committee. I thought the penalties were too steep, that we shouldn't be talking about sending people to jail or making felons ln tbis. But this -- the sponsor agreed that the NRA suggestion to amend this to a misdemeanor and to put 177 Ql  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May l7, 1990 in civil penalttes it has lesser penalties than the Plorida bill, which was supported by the NRA. I -- I khink ie'd probably be a better bill if had a education component. And perhaps as it wends its way, edueation can be talked about, or it's certainly the subject of another bill. But we added the civil penalties where it more properly belongs. Ik's a gun safeky bill, and would urge an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovktz, to elose.

Thank you very much, Mr. President. The the statistics are that every day in the United States, a child under nineteen dies from a qun accident - every single day in the United States. I've heard some talk about education. It was brought up to me by the NRA: and I said I think that's a good idea. I think We ought to -- I think we ought to have an education component here. think it's very important that the gun owner -- that the gun owner be educaked about :un safety, and how ko handle a gun. I think that is a Mood idea, and I'm Willing to put that in my bill. But the NRA said, ''Oh no, wait a minute. Welre not talking about educating the gun owner. No, no, we don't want to do vthat. We wane to edueate the little child. We want to give them a colorinq book. We want to give them a gun and show them how to use it# and safety -- safety meehanism. But -- but We don't want to educate the :un ownerw'' That's the education eomponent that they want. They told members of the Judieiary Committee on -- on the Republiean side of the aisle, Ehat if Marovitz will reduce tbe penalty from a felony to a misdemeanor, wedll support the bill. So We did, and then they said, well, now, wait a second, think We have something else here. Senator Geo-Karis said you can't legislate morality. Okay? Every single Member of this Body' forqive me if somebody voted No - buE almost every single Member  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 of this Body voted for the Child Restraint Law. Every single Member, because sure, a parent, if responsible, should put their child in a ehild restraint, if that child is of tender age. But *e legislated it for the child's safety. And that's exactly what welre dckng here for the chkld 's safety. The facts are that in Florida, the bill worked because people went out and bought the mechanisms. There is no downside risk into passing this law. It can only help save lives. Please support this legislation.

PRESIDING OPFICER: (SENATOR LEQHOWICZ) The question is, shall Senate Bill 2-0-2-0 pass. All in favorz vote Aye. A11 opposed, vote Nay. The voting is open. Have all voted Who wish? Have a11 voted who wish? Have all voted who wish? Kadam Seeretary, please take the record. On tbis question, there are 33 Ayes, 23 Nays, 2 recorded as Present. Thls bill, having received the constitutional majority: is hereby declared passed. Senator Davidson requests a verification. Verification has been requested. Would everybody everybody please be in their seats. The Secretary will read the affirmative votes.

The following Members voked in khe affirmative: Alexander, Barkhausenw Berman, Carroll, Collins, Daley# D'Arco, de1 Valle, Etheredge, Fawell, Friedland: Hawkinson, Holmberg, Jacobs, Jones, J.E. Joyce, J.J. Joyce: Karpiel, Keats, Kelly, Kustra, Lechowicz, Luft, Macdonald, Marovitze Netsch, NeWhouse, Rigney, Savickas: Severns, Smith, Zito and Mr. Presidgnt.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson, any question of the affirmative vote? Senator Davkdson, please.

Senator Newhouse.

PRESIDING QFFICER: (SENATOR LECHOWICZ) 179  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legkslative Day May l7e 1990 Senator Newhouse. Is Senator Newhouse on the Floor? Strike Senator NeWhouse.

Senator Collins.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Collins is by her chair. No further verification? On that question, there are 32 -- 31 Ayes, or What is it, 32 now? 32 Ayesz 23 Nays, 2 recorded as Present, and this bill: havin: receive; the constitutional majority, ks declared passed. Senator Carroll moves to reconsider the vote by Which it passed, seconded by Senator Eelly. Al1 in favor, signify by saying Aye. Opposed. Mokionls reconsidered. It's Tabled. He moved to Table Fine. 2-0-3-7. Senator Ralph Dunn. Read the bill, Madam Secretary.

Senate Bill 2037. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.

Thank you, Mr. President and Members of the Senate. Senate Bill 2-0-3-7 amends the Natural Resources Act and authorizes the Coal Development Board to include public awareness and education withkn the scope of kts powers and dueies. With the Pederal Clean Air Act pending in Conqress, is important to reevaluate the Coal Board's agenda. and we'd like to involve -- be involved in promoting Illinois coal through public awareness and education. The bill is co-sponsored by Senator Rea and myself, and clarifies that the Coal Board can use our Coal Teehnology Development Eunds for these purposes rather than General Revenue. Itd be qlad Eo answer any questisns. And... l80  STATE OF ILLINOIS 86th GEXEKAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall Senate Bill 2-0-3-7 pass. All in favor, vote Aye. All opposed, vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted Who wish? Madam Secretary, please take the record. On this question: there are 54 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. Senate Bill 2-0-5-0. Senator Rock. Madam Seeretaryy read the bill. SECRETARV HAWKERI Senate Bill 2050. (Secretary reads title of bi11) 3rd Readin: of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) The Gentleman from Cook, Senator Rock.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2050 -- I'm sure most of the Members heard from eheir hospitals when they had their visiting day down here this week. This is Ehe HoGpital Association initiative. that has been called Operatlon -- Operation Reach. And the billg as amended, contalns four component parts, and I Wish the Members to know that I have Worked, at some length, with Director Kustra and members of her staff to try to brinq some reasonability to this proposal. And think we have arrived at sonething that's satisfactory to all concerned. Voudll recall last year we dealt with the question of those bospitals that served a disproportionate share of Medicaid patients: and we made additional payment adjustments to those hospitals in ehe amount of roughly sixty million dollars, which the Governor this year annualized in his budget request, to his credit. This proposal deals now with outpatient indigent volume adjustment, and further l8l  STATD 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 deals with two subjects that are close to the heart of everyone here, I am sure, and that is additional payment, additional reimbursement to those hospitals that provide emerqency and Level I and 11 trauma care. Those three component parts, if indeed it were enacted and effective immediately: would cost the Department of Public Aid an addktional fifty million dollars, they estlmate, by virtue of the amendmenez Which the Department and I worked on and which meets the Department's satisfaction. It would be a fifty-million-dollar price tag for those three component partss reimbursement for emergency, reimbursement for trauma Level I and II, and reimbursement for outpatient service to poor people. What I have done with those is, recoqnizin: that we literally do not have forty or fifty million dollars laying around, unfortunately, I have delayed the effective date until July 1 of next year, so that there is no fiscal impact thls year. And I underline and repeat, no fiscal impact this year with respect to those three component parts. There is a fourth component that I wish to bring to your attention, and it is -- it is a hospital obstetrieal adjustment payment. And for those of us that were in the commietee when the testimony was tiven. I would just like to reiterate that I received a letter from the Southern Illlnois Hospikal Services -- Corporation, I guess, from its president, wherein he reiteraees What he testified to in committee, that nineteen of the thirty-four southernmost counties in Illinois have no hospital obstetrical care. And they are providing - these two hospitals in Carbondale and Herrin are providing - seventy-seven percent of hospital obstetrical care în Southern Illinois, and fifky-six percent of that care is to Medicatd patients. ''And our two hospitals,'' the letter qoes on, ''and the seven hospitals located around us, lost 3.7 million dollars last year providkng those much-needed servieess'' So the fourth component part of this, is an adjustment in the payment for hospital obstetrieal 182  STATE OF ILLINOIS 86th GEHERAL ASSZMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17e 1990 care. The annualized eost of that: the Department tells me, is roughly two and a half to three million dollarsy they figure. And kt would provkde additkonal eompensation for these hospitals outside of the metropolitan statistical region outside of Chicago Metropolitan Area; these are downstate hospitals - Would provide them an additional, roughly, three million dollars a year. have delayed the effective date of that provtsion until January lz witb the full expectation khat We can find àn khe budget the current Public Aid Budget, or the budget as it -- is finalized and sene to the Governor - at least that million dollars, to make sure that that kind of obstetrical eare is indeed available and continues to be available in Southern Illinois. f think by virtue of the delayed effective dates, we have an opportunity to vote for this; we should vote for this. There isz I dare say, no one that denies that it ks absolutely essential, it is heeessary. There is no one that denies that is the right thing to do, and the only concern Was about the cost. And I have literally taken that out of the equation by delaying the effective date. And I would urqe an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUEIO) Discussion? Senator Topinka.

Well, Mr. President and Ladies and Gentlemen of the Senate. -- you know, I do appreciate what Senator Rock is trying to do, and I think he made a good case in committee When he firse brougbt this to our attenEion and said, you know, he would even consider holding the b1ll kf he couldn't find the money of it -- for it. don't know that he has found the money for it. And money does play an important conskderation, because we aze doing the same thing that the Federal Government has done, which has nok gotten us into a Federal deficit, and that is - you knowz work on the buy-now-pay later plan. There's a thousand good ideas that come to 183  STATE OF ILLINOIS 86th GENERAL ASSEMNLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 this Legislature, but I don't know that we ean eontinue to, you know, keep addin: on to this, addin: on to this, and we cannot afford to pay for Yes, is l.1 million this year: which is an add-on to a budget that's already being cut in the Department of Public Aid, so somewhere there has to be a shift - and there -- I don't care what you dow you can 't get around that in the out year, so you postpone it a year. Something that is allegedly so importanty but welre going to hold it a year, so that *e can stick it to any new administration coming up. I dondt eare if itfs Republican or Democraty whoever is the new Governor, he better start lookinq at tax increases, 'cause there's no way welre going to be able to pay for these things. They're going to be sitting out there: as an unclaimed total of monies owed, monies due -- you know, it sounds great on paper and we can Walk away. but ke are not providing any kind of financial underpinning for these kind of proqrams. Yes: there is a problem, but this does not solve Eurthermore: if we have ICARE negotiations goin: on# Which We do, and contracts Which are made, and contracts which are agreed to, when you eome up With bills like this and you work outside of that contrackual relationship, it does set a pretty good precedent here for other programs to come up, so What's the sense of having ICARE or trying to negotiate contracts anyway, when you're coming through the backdoor like this? Again, I appreciate what Senator Rock is trying to do; I think we all want to be there. But there comes a point of financial responsibility, where you have to be able to pav for some of Ehis. And on -- on that basis, I -- think we really have to look closely. This is a fifey-million -- fifky-four-million-dollar hit, in the out years, and I don't where We're going to get it.

PRESIDING OPFICER: (SENATOR DEMUZIO) Further dtscussion? Senator Hudson.

184  STATE OF ILLINOIS 86th GENERAL ASSEMDLV RECULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Thank you: Mr. President and Ladies and Gentlemen of the Senate. It seems to me sometimes - and I say this with all due respeets to -- respect to President Rock and what he is tryin: to do - but it seems to me sometimes in these Chambers that if we were to make consistency a crime, there would be few, if any, of us indicted, and there would be few, lf any, of us convicted of consistency. The other day I rose on the Ploor here with a faitly simple bill that would have given a income tax break to small businessmen on Health Care Insurance. NoW this amounted to somewhere - I think we agreed tbat day - between six million and maybe twelve or eighteen, whatever it was. But I was told at that time that it wasn't so much the idea that the -- the idea of that bill was bad, but we simply did nok have the money to spend for it at this time, in view of fiscal constraints, tiqht budgets, and al1 the rest of it. So I figured, well, so be it. But here we have koday before us, a proposal - :ranted, the effects of will be delayed; Senator Rock has said not this year, but next year but it still Will be due somewhere alon: the line. It seems to me - and I'm not even really -- debating the merits or the need - just as I was told the other day, may be a good idea, but where is the money goin: to come from? My analysis says here that ''the bill proposes a formula by which additional payments shall be made to hospitals on top of payments made for treatment of Medicaid patients. Also proposes the State subsidize inpatient obskekrical services at a rate of fifty percent over and above the rates currently paid to hospitals for lnpatient obstetrical care.'' Ladies and Gentlemen, it seems to me that if we have agreed - or are in the process of agreein: - that we 're short of money at this time, that that beeomes a principle under whieh perhaps we should try to operate. And to say that, HWell, we Won't pay for it this time around, but we kill defer those payments until a later datey'f simply doesn't do kt to me, because those payments Wi11 come due. l85  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legkslatkve Day May l7, 1990 We either have it or we don't have it. And I frankly doubt we're going to have it later. So Ladies and Gentlemen, would -- I would urge you to think carefully about the expenditure here, qkving Senator Rock a1l credit for What he's trying to do, and that, I think, we have to do. But let's consider the cost, and the cost at this particular time in -- in the foreseeable future. And I would urge a No vote. END OP TAPE TAPE 5

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

Thank you very much, Mr. President and Members of tbe Senate. This is a very diffieult issue for me to argue against. am deeply committed to a -- a rather large hospital) have worked very closely with the Illinois Hospital Association in a number of areas, and Most of you know that; have worked with Senator Rock in a number of areas as well: supported strongly the disproportionate share of a year ago, felt kt Was necessary and had to happen. I fear the signal wedre sendinq here. Senator Rock, you sat with me and others a couple of weeks ago when we worked out the the Democratic Responsible Plan to deal kith the budget. And not only do We fear the expenditures of this year, but we fear What we do to the base next year. And this may be something we need to do next year, and perbaps we can. The Illinois Health Care Industry, across the board, is facing -- faeinq near tragedy, and most of you know that. Prom long-term care, you name it, the problem is there. I have been pleadinq to get a task force to deal with the 186  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day 8aY 1990 issue Statewide covering all components. We've not been able to do that yet. One day soon, if we don't recognize the plight of hospitals and health care in this State, the Skate's going to be in ehe business more than they want to be, and we don't want that to happen. But we can't piek and choose, Ladies and Gentlemen; we simply can't do that. We are a responsible Body. Let's don't send the wronq signal to those people out there: telling them that we're goin: to do something, and then not be able to do it. Difficult to argue against. It's needed. But We simply can't afford it this year.

PRESIDING OFFICER: (SENATOR DEMDZIO) Further discussion? If not, Senator Senator Rock may close.

Thank you, Mr. President and Ladies and Genklemen of the Senate. truly do understand the concern/ and that is the reason for the delayed effective date. I don't Wish, any more than any of you wish, to be irresponsible, but on the other handy Senator Maitland, 1 fear the signal we donft send: rather than the one we send. Are we to tell the Hospital Industry in this State, ''Please keep takin: care of these poor peopley and we'll somehow take care of you in the ICARE formula.'' The ICARE fornula simply isn't sufficient when youdre dealing in a disproportionate share of poor people. And so, by virtue of the passage of 2050, even with the delayed effective datez there is, I suggest, as a matter of public policy, a recognition that we truly appreciate what you, the hospitals, are doing for the medically indigent, in our State. And we recoqnize that in twenty counties south of here, there is no hospital-based obstetrical care. And we are sayin: to those hospitals, ''Please continue to serves and we willy indeed, give you additional compensation.'' But for goodness sake, don't stand here and say, ''I can't vote for this, because we can't afford it.'' l87  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 There ks no Ekscal impact on three of the four components this year. And I don't care who the Governor is - the fact of the matter is, we are going to have to deal with this subject, if indeedz we expect the medical care providers of our State to continue to provide medical care to poor people. And we ought to do it now. And say to them, ''At least *e recognize your situation. We are concerned and committed.'' And I promise you, with al1 the power that I have, I will attempt to find that fifty million dollars next year, and Work With whoever is in the administration to do that. But to turn them down at this point: and pat them on the head - I zeally do fear tbat sàgnal. That's a terrible signal to -- send. We ought to recognize that they are doing a yeoman's service for the people of this State, and that we can ak least promise them that we recognize itr and *e willx indeed, pay for it. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, shall Senate Bill 2050 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted who Wish? Have a11 voted who wish? Take the reeord. On that question, the Ayes are 39, the Nays are 14# 2 voting Present. Senate Bill 2050, having received the required constitutional majority, is declared passed. 2052. On the Order of Senate Bills 3rd Readingz Madam Secretary.

Senake Bill 2052. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Daley.

Thank you, Mr. President and Members of the Senate. Senate 3ill 2052 establishes the same enforcement procedures for the 188  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7# 1990 administrative adjudication of Building Code violations as currently exist under State 1aw for the administrative adjudication of parking ticket. This would be applicable to municipalities of more than a hundred thousand. I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill -- I'm sorry. Discussion? Senator Hawkinson.

Thank you, Mr. President. Wi11 the sponsor yield for a question?

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

Senator, is this permissive? The cities can choose to do it or not do it# as they choose.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Daley.

Yes, Senator.

PRESIDING OFPICER: (SENATOR DEMUZIO) The question is, shall Senate Bill 2052 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who Wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 55, the Nays are none, none vo*ing Present. Senate Bill 2052, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 2-0-8-2: Madam Secretary.

Senate Bill 2082. (Secretary reads title of bil1) 3rd Readin: of the bill. 189  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7# 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Woodyard.

Thank you, Mr. President and Members of the Senate. This is a Department of Revenue administration bill, and, as far as I knowy it's noncontroversial. I'm sure it would have been on the Agreed Bill List had it not been amended. The underlying bill deals with lists of partners who file on a 1065 tax form. And ie simply says that the Department of Revenue does not have to retain those lists of the names, addressesz and so on, but they do have to be available. The bill Was amended to codify What We are presently doing anyway, dealing with the invested capital tax on utility companies, and there Were two provisions on that. Here again, don't think they're controversial. There's no dollar change or money in this thing, and -- and I Would seek a favorable vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Question is, shall Senate Bill 2082 pass. Those in favor wil1 vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who kish? Have a11 voted who wish? Take the record. On that questionz the Ayes are 56, the Nays are none: none voting Present. Senate Bill 2082, having received the required constitutional majority, is declared passed. 2084. On the Order of -- Senator Schafferz 2-8-4 <sicb 2-0-8-4. On the Order of Senate Bills 2nd -- I'm sorry -- Senate Bills 3rd Readkng, Madam Secretaryy 2-0-8-4. Beg your pardon. Senator schaffer. Senator Schaffer. A11 right. There's been an amendment filed. It's to be on the Recall Llst for later. All right. Take it out of the record. Senate Bill 2-0-8-6. Senator Topinka. On the Order of Senate Bills 3rd Reading, bottom of Page 9, Senate Bill 2-0-8-6, Madam Secretary.

Senate Bill 2-0-8-6. l90  ' j I ' STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka. SENATOR TOPINKA: Yes. Mr. President, Ladies and Gentlemen of the Senate, this is an administration bill. It would expand the Board of Trustees for the Illinois Hëstoric Preservation Agency for -- from five to seven members. And it, you know, Works this out politically so that everybody is happy. I don't know of any opposition to this. It's being done basically to get a better spread geographically. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Discussion? If not, the queskion is, shall Senate Bill 2-0-8-6 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted who kish? Have all voted who Wish? Take the record . On that question, the Ayes are 57, the Nays are none, none voting Present. Senate Bill 2-0-8-6, having received the required constitutional majority, is declared passed. Pa:e l0. Welre really rolling. Let's keep going. 2-0-8-9.Senator Topinka. On the Order of Senate Bills 3rd Reading is Senate Bill 2-0-8-9, Madam Secretary. SECRETARY HAWKER: Senate Bill 2-0-8-9. (Secretary reads title of bill) 3rd Reading of Ehe bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka. SENATOR TOPINKA: Yes. Mr. Presidene and Ladies and Gentlemen of the Senate, this is also an -- an administration bill. It comes to us from DCPS. This would amend the Abused and Neglected Child Reporting i 19l  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day Ma# 1990 Act. It allows DCFS to release records to State Departments of Public Health, local health boards, and other licensed investigative agencies who conduct ehild care investigations. That's it.

PRESIDING OFFICER: (SENATOR DEMUZTO) Discussion? If not, the question ise shall Senate Bill 2-0-8-9 pass. Those in favor will vote Aye. Those opposedz Nay. The voting is open. Have all voted who Wish? Have all voted Who wish? Take the record. On that question, the Ayes are 56g the Nays are none, none voting Present. Senate Bi1l 2-0-8-9, having received the required constitutional majority: is declared passed. Senate Bill 2102. Senator Kustra. On the Order of Senate Bills 3rd Reading is Senate Bill 2102, Madam Secretary.

Senate Bill 2102. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Kustra. ...lmachine cutoffl... Oh. 2102, Madam Secretary. Senator Kustra.

Thank you, Mr. President and Members of the Senate. There have been some Illinois court cases recently that have had the result of underminin: some of the Pollution Control Board 's penalty-setting powers, and they have asked for clarifying language. This parEicular b111 provides that Ehe Pollution Control Board is authorized to consider any matters of record in - - in litigation of aggravation of penalty related to# but not limited to, the following factors: the duration and gravity of the violation, and the presence or absence of due diligence on the part of the violator in attempting to eomply with the requirements of the Act. There was one concern that Senator Welch expressed l92  STATE OP ILLINOIS 86th GENERAL ASSPMRLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17z 1990 thak might -- an original provision of the bill Right allow a case to drag out. He introduced an amendment to deal With that. And I know of no opposition to the bill. I urge an Aye vote .

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Discussion? If not, the question is, shall Senate Bi11 2102 pass. Those in favor wkll vote Kye. Those opposed, Nay. The votin: is open. Have a1l voted who wish? Have al1 voted who wish? Have all voted Who Wish? Take the record. On that question, the Ayes are 56# the Nays are none, 1 voting Present. Senate Bill 2102: having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 2110, Madam Secretary.

Senate Bill 2110. (Secretary reads title of bi1l) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Ralph Dunn. SENATOR R. DUNN) Thank you, Mr. President, Members of the Senate. Yesterday, we put an amendment on Senate Bill 2110 to -- because weive been Working with the Department of Kknes and Rinerals, Department -- Independent Oil Producers, Petroleum Council - have nok got an agreement together. So we'd like to pass the bill over to the House, and theylre continuing ta work. So 1. . .

PRESIDING OFFICER: (SENATOR DEMUZIO) All riqht. Is there discussion? Discussion? If not: the question is, shall Senate Bill 2110 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who Wish? Have al1 voted Who wish? Have al1 voted who wish? Take the record. 0n that question, the Ayes are 56, the Nays are none voting Present. Senate Bill 2110, having l93  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 1990 received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 2115, Madam Secretary, please.

Senake Bill 2115. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer.

Mr. President, a little earlier today we passed a bill for Senator Welch. This -- the bill is virtually identical. It's the administration's version of the bill. As you'll recall from that debate: the Department of Natural -- of Energy and Natural Resources convened a Task Force on Solid Waste Reduction and Recycling. They submitted a report. This bill implements that report minus the fee structure, and with the same waste reduction goals that were agreed to on the earlier bill. We'd just like to see them both proceed forward, and continue the debate.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is# shall Senate Bill 2115 pass. Those in favor will vote Aye. Those opposed, Nay . The voting às open. Have al1 voted Who wish? Have a11 voted Who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 55: the Nays are none, none I'm sorry 2 voking Present. senate Bill 2115, havinq received the required constitutional majority, is declared passed. 2143 was on the Recall List from this morning. 2168. Senakor Jones. On the Order of Senate Bills 3rd Readin: is Senate Bill 2168, Madam Secretary.

Senate Bill 2168. l94  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May 17, 1990 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Yeah. Thank you, Mr. President and Members of the Senate. Senate Bill 2168 amends the Liquor Liquor Control Act, and permits a distributor, or importing distributor, the right to refuse to sell beer containing five-tenths or less of alcohol by volume to anyone Who marketsz or intends to market, this beer to a person under age twenty-one. That's al1 the bill does. Ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DEMDZIO) Discusskon? Discussion? 1: not, the questkon ks, shall Senate Bill 2168 pass. Those in favor will vote Aye. Those opposede Nay. The voting is open. Have all voted who Wish? Have all voted Who wish? Have al1 voted who Wish? Take the record. On that questionz the Ayes are 56, the Nays are nonez none voting Present. Senate Bi11 2168: having received the required constitutional majority, is declared passed. Senate Bills 3rd Readkng is Senate Bill 2176, Madam Secretary.

Senate Bill 2176. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Brookins.

Thank youy Mr. President. This bill allows the Secretary of -- of State to have some discretion in determining the application and procedure for issuing special license plates. What we bave did is met in subcommittee and attempted to bring some order or 195  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May l7, 1990 ! reasonable order to special licensing. I ask for a favorable ! vote .

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the questkon isr shall Senate Bill 2176 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 49, the Nays are 5, none voking Present. Senate Bill 2176, having received the required constitutional majority, is declared passed. 2190. On the Order of Senate Bklls 3rd Reading is Senate Bill 2190, Madam Secretary, please.

Senate B:ll 2190. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. Senate Bill 2190 is the Expedited Child Support Actg which follows the arbitration model to expedite the handling of parentage in child support cases by the court system to relieve the court docket and make sure that child support monies get into the hands of the parents and the children in a timely manner. It's needed because of some federal mandates. The costs are reimbursed on a two-thirds basis by the Pederal Government. Knd I Would ask for a favorable roll call.

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

Thank you, Mr. President. Will the sponsor yield for some 196  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7: 1990 i questions? i

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he w1ll yieldr Senator Hawkinson.

Senator, I was talking to some proponents of this last evening, and -- and as I understood it, at least as late as last evening, there was no provision for who was going to pay for this in the bill. My -- my concern is the -- is the payment for it, and not the -- the procedure itself. Because I think in -- in -- probably in Cook County, it's tremendously needed. Maybe in some of our less populated counties with less of a caseload on our judiciary, it's -- it's not as much needed. But if we mandate this program on our counties, who's going to pay for it? The counties? The -- the other one-third that is non-reimbursed? And - - and as I understand it, we have some counties that do not participate in the -- in the IV-D System. And in those counties there would be no reimbursement of the cost, as I understand it. Is this something the State's going to pick up? Or are the counties going to have to pick up that one-third, or in some cases a hundred percent of this program?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

It is not my intention to have the State pick up the tab for this program. I've indieated that to the people Who have drafted the leqislation and the judqes who are in support of the legislation. There will be a funding mechanism coming back. I think it should be paid for by the counties. If the IV-D proqram isn't participated in, then, in fact, there won't even be a cost, because this predominantly involves IV-D cases -- predominantly involves IV-D cases. Buk I think whether itls an add-on in that particular county to a filing fee, I don't think this should come 197  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 E from the State coffers. PRESIDING OPPICER: (SENATOR DEMUZIO) l Senator Hawkinson. 1

Second question - we also had some discussion about Whether this might be made voluntary on the part of the counties, or whether a1l counties are required to participate. It's my understanding - and -- and please tell me if it's correct that at this point it's not voluntary, but a1l counties would have to participate.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

That's correct. Right now, it is not voluntaryz and that's because of -- of mandates by the Federal Government for this type of program to be established.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson.

Well, to the bill' Mr. President. I rise in opposition to the bill, at this point. I -- I think you could have a bill that would pass, if it was optional or we provided for a funding mechanism. But to mandate this on a1l our counties, and the increased costs that this would bring to our county governments, particularly some of our smaller counties where our caseloads are such Ehae we wouldn't need it, I Ehink would be a misEake. And I would urge a No vote.

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

Thank you. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DEMUZIO) l98  STATE 0F ILLTNOTS 86th GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Sponsor indicates he will yield , Senator Fawell.

Senator -- Marovitz, I know What you dre trying to do . This has been successful in other states. And and I think the concept is good. However, I know the Illinois Bar Association, for instance, had some very strong objections. Did you manage to take care of their objections now? Have you -- in the by the amendment?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Marovitz.

Yes. To the best of our knowledge, we've taken care of the Bar Association objections. They have no opposikion to the bill, and they're qoing through the process within the Bar Association of getting the bill approved. We have worked and drafted the amendment with their -- with their knowledge and With their cooperation.

PRESIDING OPPICER: (SENATOR DEMDZIO) Further dkscusskon? Senator Fawell.

Would you have any objection to in the House perhaps adding an amendment that would allow this to be a - at least until the federal mandates come down - allow this to be a -- a -- up to the discretion of the Chief Judge of that circuit? Because I think Senator Hawkinson has got an -- has got an excellent point that there are some -- some circuits that arenlt necessarily going to have to use this, because they don't have enough cases to keep them busy now .

PRESIDING OFFICER: (SZNATOR DEMUZIO) Nx Senator Marovltz .

I I have no problem with that at all, Senator Pawell. l99  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Riqht now, if they're in compliance with the federal time periods: they can be exempted automatically. But I have no problems With allowing it to be up to the discretlon of the Chief Judge of the circuit. I have no problem with that.

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

And you Would be willing to make sure that that amendment is placed on the -- the bill?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Yes, Senator.

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

Mr. President and Menberse IIm not sure that this bill in its current form is in -- is in perfect shape. But do think we have something approaching an emergency on our hands: both because this is another instance in which the feds are on our backs to make us comply with an important aspect of federal law, and because we -- We all acknowledge: or should acknowledge, that -- that we in Illinois have not done the sort of job we should have done in in recent years in providing for an expedited system of -- of child support collections, especially in these so-called IV-D cases where welfare and welfare resources are at skake. believe that in our largest counties - particularly in Cook, but probably also in a county like miney in Lake there is great pokential to relieve the existing burden on the judicial system that is imposed by a high number of child support cases. And thae -- that the use of hearing officers, or the like, who presumably would be paid less than judges: offers potential for some cost 200  STATE OP ILLINOIS 86th GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 savings, in fact, and will mitigate against what is being represented as an additional budgetary burden that this -- that this bill would impose. So T urge your support of this legislation: With the understanding that some of the suggestions that have been made by my colleagues: here on the Floor, will be entertained as this bill moves through the process.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Marovitz may close.

Just briefly, Mr. President. By October of 1990 the Pederal Family Support Act is going to require very specific guidelines regarding child support and parentaqe actions, and if the State doesn't comply with these time frames for disposing of child support cases and getting child support money to the families when it -- Where the money is needed, then we will lose federal welfare funds. And therefore, I Would suggest that we support this legislation and get the time frames down and the money to the kids where it belonqs.

PRESIDING OFFICER: (SENATOR DEMUZIO) The question is# shall Senate Bill 2190 pass. Those in favor will vote Aye. Those opposedy Nay. The voting is open. Have all voted who wish? Have al1 voted who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 45, the Nays are l0, 1 voting Present. Senate Bill 2190, havinq received the required constitutional majority, is declared passed. Senate Bi11 2192. Senator Jones. We 'll wait Eill ie snows. 2208 is on the Recall List. 2213, underseand is to be amended. It's on the Recall List coming up. 2237. Senator Savkckas. Bottom of Page l0. Senate Bill 2237, Madam Secretary.

Senate Bill 2237. (Secretary reads title of bill) 201 q I STATE OF ILLINOIS 86th GENEQAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT I 91st Legislative Day May l7, 1990 3rd Reading of the bill. PRESIDING OFFICER: (SDNATOR DEMDZIO) Senator Savickas. SENATOR SAVICKAS: Yes. Mr. President and Members of the Senate, House Bill -- or Senate Bill 2237 was introdueed at the request of the City of Chicaqo, and it would add, in our qulck-take provision in the Statutes now, the twenty-third reason for quick-eakep wbieh is -- Would be by a municipality for the purposes set forth in Section 11-31-1 of the Illinols Municipal Coie, Whîch is that a -- municipality may acquire, by condemnation, any land within the terrikory of the municipality containing dangerous and unsafe buildings, or uneompleted and -- abandoned buildings. The purpose of this legislation is to allow the City to acquire and take title to this -- these abandoned buildinqs, for the purposes of quick demolitkon and the reverkinq of the land back to useful -- to productivity use. At the present time, ie's about a four-year purpoae -- or four-year trial trying to go through court - condemn the buildings, and then look for the owner. This process should cut it down to about two years. We hope that this will help alleviate some of our problems in some of our coRmunities, and turn the property over, either to the eommunity for redevelopment, or for resale for development and put on the tax rolls. If there are any questions, I'd be glad to answer them. PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Davldson. SENATOR DAVIDSON: . Senator -- Senat/r Savickas, does this apply only to the Ciey of Chicago, or to a1l municipalities in the State? PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Savickas. SENATOR SAVICKAS: 202 1 i I i  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9lEt Legislative Day May l7z 1990 I'm -- I'm sorry, Senator.

PRESIDING OPFICER: (SENATOR DEMUZIO) A11 right. Wellz stay here tonight. Senator Davidson.

Does this apply only to the City of Chicago, or does it apply to all municipalities in the State?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Savickas.

Well, I would imagine it Would apply to all. It it's in it's in Chapter 110, paraqraph 7-103, dealing with the quick-take: and unless there is something kn that Chapter that has some limieations on the amount of people, it just adds *he twenty-third item by which quick-take can be used: and that's for these purposes. I don't have the Whole law in front of me# but -- unless Ehere's some other portion in there that restricts it by population, I would imagine it applies to all municipalities. And I'n sure all municipalities must, at one time or another, have this problem.

PRESIDING OPPICER: (SENATOR DEMUZIO) A11 right. We've got so many lighes now, I'm getting a glare. Senator Davidson.

Under the quick-take provision, who reimburses the property owner that the property is under condemnation for. And who reimburses that property owner for the legal expensey by error, a piece of property is judqed abandonedy et cetera, is taken by quîck-take and removed, destroyed or otherwise? Where's the funds, or who's responsible to reimburse that property owner who was illegally or ill-advised, taken of his property?

PRZSIDING OFFICER: (SENATOR DEMUZIO) Senator Saviekas. 203  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990

Well Senator: I seriously doubt that it would be taken by mistake, because this would -- khe basic intent -- and understand that the Seetion would provide that upon a judicial determination that the building ln question has been abandoned by its owners. The criteria include unpaid taxes and/or water bills for two years, and the property being vacant, and has deteriorated into a danqerous and hazardous condition. The city would be able to initiate a summary procedure to acquire tiele ko the property either before or after demolition. And that the owner need only enter an appearance in the court action to prevent the city from acquiring title. Usually, in a case like that the owner would not eare to aequire title, because he would be assessed the cost of the demolition work and the court costs for this property. So what happens is, they just walk away from it and the city is responsible for the demolition, and a11 the costs entailed in obtaining the property. At the present time the City of Chicago demolishes a minkmum of two hundred and fifty buildings a year, at khe cost of two million dollars With no recourse, just -- tbey absorb the eost.

PRESIDING OPFIPER: (SENATOR DEMUZIO) Further discussion? Senator Hudson.

Thank youe Mr. President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indlcates he will yield. Senator Hudson. SENATOR HUDSON; Senator Saviekas, some of us in the Dupage County area I'm sensing a minor seismic disturbance. Abouk 3.5 on the Richter out there. A question to you - is this the same bill that you withdreW an -- one amendment yesterday from , and added Amendment No. 27 The first amendment kould have affected an area 204  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Le:islative Day May l7, 1990 in Dupage County. That Was withdrawn. The second amendment, Which Was put on this bill, is the one youdre diseussing now. Is -- am I under the right perception?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Savickas.

Yes. Senator: as had stated yesterday to you, and on the Floor, the first two amendments conflicted. If one amendment was adopted it exempted everything after the enacting clause, just for that particular bill. And the party that had requested the amendment for the park districts and the community groups with a problem of obtaining, I quess, some property in the community for the park districts in Dupage - evidently there was a question that it's already in the Statutes, and they can do that. So we proceeded with the City amendment, and left that one out. This only deals now with abandoned buildings in municipalities and their ability to obtain them for demolition purposes.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Senator Hadson. All right. Further discussion? Senator Savickas may close.

Mr. President and Members of the Senate, that is the basic bill. We're trykng to resolve that problem and hopefully this will help alleviate the abandoned building problem .

PRESIDING OFPICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 2237 pass. Those in favor will vote Aye. Those opposed, Nay. The votin: is open. Have al1 voted who wish? Have a11 voted who wish? Have a11 voted who wish? Have all voted Who wish? Take the record. On that question: the Ayes are 38, the Nays are 10, 3 voting Present. Senate Bill 2237 , having rekeived the the required constitutional majority, is declared passed. Page 1l. 2239. Senator Savickas. On the Ozder 205  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17: 1990 of Senate Bills 3rd Reading, Senate Bill 2239, Mr. Secretary. ACTING SECRETARY: (MR. HADRY) 5 Senate Bill 2239. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Savickas.

Yes. Mr. President and Members of the Senatey Senate Bill 2239, as introduced, Was a shell bill. The purpose was to adopt an amendment that recodified and made some changes in the Towing Code and the towing operatlon. Because of a major concern of the towinq operators, the concerns with the Secretary of State, that were answered, the ICC and the State Police, we have requested and introduced a resolution requesting the Transportation Committee appoint five members to address this problem for the recodification and, if any changes, so that it can a11 be put together and everybody can agree on the -- on its -- on their inclusion or exclusion. So at this time I would ask that we just move this bill along. Keep it open as a vehicle. If and when the committee does give any recommendations, that's the purpose of this bill and that's why we just move it along at this point.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Watson.

Yes. Thank you, Mr. President. As Senator Savickas has mentionedv this is a vehicle and that's the very reason that a1l of us in Transportation Committee voted Present. Just concerned about what's liable to come. So that's the reason for the Present votes out of the Committee.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Question is, shall Senate Bill 2239 pass. 206  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRTPT 91st Legislative Day Ra# 1990 Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who wish? Have a1l voted who wish? Have a11 voted who wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 34: the Nays are 4, 10 voting Present. Senate Bill 2239, having received the the required constitutional majority, is declared passed. Senate Bill 2249. Senator Savickas. On the Order of Senate Bills 3rd Readingy Senate Bill 2249, Mr. Secretary.

ACTING SECRETARY: (MR. NAKRY) Senate Bill 2249. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Savickas.

Yes. Mr. President, this was put in at the request of our former...

PRESIDING OFPICER: (SENATOR DEMUZIO) Excuse me, Senator Savickas. Could we clear the aisle ehere so We -- Senator Savickas.

This was put in at the request of our former State Representative Eddie Kucharskiy who is presently with the metro -- Metropolitan Exhibition -- Fair and Exposition Authority. And it does exactly what it says, that the designee together with one of -- one of the secretary, treasurer, vice chairman or chairman, may siqn checks or drafts for payment of other obligations of more than five thousand dollars. It seems that there is quite a bit of traveling going on, and usually one -- one of the parties is out of town, and they just want another co-signee.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 2249 207  STATE OP ILLINOIS 86th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have all voted who wisb? Have a11 voted Who Wish? Have all voted who wish? Take the record. 0n that question, the Ayes are 20, the Nays are 30, 3 voting Present. Senate Bill 2249, having failed to receive the required constitutional majority, is declared lost. 2253. Senator Welch. On the Order of Senate Bills 3rd Reading is Senate Bill 2253, Madam Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bil1 2253. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. This is a clean-up bill, adding neW program requiremenks ko the Toxic Pollution Prevention Act. It allows Hazardous Waste Research Information Center to award grants for toxic pollution prevention. The amendment has been -- the bill has been proposed through the Citizens for a Better Environment to strengthen the Act, and establish priorities. It does not affect any business requirements, merely the requirements of the Department. I gould urge an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If notz the question is, shall Senate Bill 2253 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted Who wish? Have a11 voted Who Wish? Have al1 voted who wish? Take the record. On that questionz the Ayes are 54, the Nays are noney none votin: Present. Senate Bi11 2253, having received the the required constitutional majority, is deelared passed. 2255. Senator Netsch. On the Order of Senate Bills 3rd Reading is Senate Bill 208  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 2255, Mr. Secretary .

ACTING SECRETARX: (MR. MAQRY) Senate Bill 2255. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch. SENATOR NETSCH; Thank you', Mr. President. Senate Bill 2255, as amended, is a Truth in Taxation bill, and it is, indeedy a property tax limieation bill. In simplest terms, what it does is to provide that every taxing distriet - and, incidentally, that includes home rule districts, when it increases its levy more than five percent over the prior year, must have a three-fifths vote of the governing board in addition to the hearing requirements that are already there. And if that levy increases nine percent or more over the prior year, it must go to referendum before it can become effective. So in other words, it -- it's a basic chanqe in Truth in Taxation is instead of a special hearing at five pereent, it is a -- an extraordinary voke of the governin: body at five percent, and referendum at nine percent. The only exceptions are those that are already built into the Truth in Taxatkon Law, and they are for debt service, for public building commission lease payments, which are -- already obligated by contract and by law, and then separately, a different Section, there is an exclusion for election costs, which occur to certain units of local government on a periodic basis. Those are the only exceptions that are built into Now what this means is that it is, indeed, a very tough limitation on the property kaxing power of units of local government, but it does allow for a little bit of leeway, if you will. That is the leeway, basically, between five percent and nine percent o for those areas and those units of 209  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 government that have large population growth, and therefore are likely to have extraordinary costs that they might not be able ko keep within a five-percent limit. Other than that, it is a tough limktation, and I freely acknowledqe that. My argument to those who have complained to me - as I'm sure they have to some of you that it is not -- does not aecommodate those high-growth, high-population areas, is that, if for example, it's a flre protection diserict you've got to have s/me new fire equipment, or a fire stakion and that's going to take you above nine percent, by golly: you ought to be able to persuade your voters that it is workhwhile at a referendum. Other than that, you are going to have to stop and think before you increase your property tax le/ies any extraordinazy lenqths. It is a tough bill, but does allow that much growth. The one thing I Would like to point out is that it does not fully address what I still think is one of our most serious problems in property taxation. And that is not just the amount that each individual taxing unit attempts to extend its levies, but the cumulative effeet. We have five thousand nine hundred and seventy taxing units in this State. The poor taxpayer does not know until the tax bill arrives that the accumulative effect of all those units may, indeed, be a whopping tax increase. That is a very difficult thing to address untkl we get everyone on identical tax cycles. But this, at leasty is going to put restratnt and constraint on some of those units of local government.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? senator Kustra. SENATOR XDSTRA) Thank you, Mr. President and Members of the Senate. I rise to differ with Senator Netseh on her charaeterization of this bill as tough property tax relief. I would -- I would have to add that it must be a slgn that we spend toc many hours cooped up kn these 210  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 artificial surroundings; not enough time back home with people who have to pay property tax bills, who have to make a living, eo know khe difference between a tax relief bill that is tough and one that is, apparently, offered to deal with some kind of political agenda out there. Let me explain why this property tax relief bill is anything but tough. First of all, to the provision which says that a three-fifths vote is required for a levy over five percent of last year's levy; on that particular issue, we had testimony in committee from some school superintendents from the eollar counties, who have had experience in passing many levies, and I asked them point-blank if they would tell me What the votes were that were taken on those levies. Were they close? Were they unanimous? And in every case, the gentleman said, over the last. few years, in this particular school district in Dupage County, they were unanimous votes on the levy increase. My experience, representing the suburbs, is that you seldom, if ever, in these high-growth areas, find cases where local governmental units are fractured or split on a levy increase vote. Seven-zip , fourteen-zip , sixteen-zip it's a11 worked out prior to the meeting, and those votes simply aren't khat contested, and therefore a three-fifths doesn't have that much impact on that levy increase vote kn any given district 1'm famklkar with. But there 's another problem with this bill that I think is even more serious, and onee again, I think it shows We we simply spend too much time here, and we don't get out and talk to people. Nine-percent cap - a nine-percent cap. The Wall Street Journal today, Senator Netsch, reports that the Department of Labor is issuing its Consumer Price Index of 4.7 percent today. For the last year, the CPI has hovered somewhere around percent. So ask you, why should each unit of local government in my district or any other dlstrict across this State be allowed to levy taxes at double at double the rate of inflation? It won't be too 21l  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 long, and those of us in Cook County wi1l be returning home to those tax bills that are coming out in August, and I'd like to see anybody from Cook County show up for one of their taxpayer meetinqs, and try to justify a so-called property tax relief bill whkch sets the cap at nine percent, when the cost of living is at 4.7. It is no accident: as you know, Senator Netsch, that the bill that I have introduced has a cap at five percent, or the CPI, whichever is lower. The reason it has the five percent, is because it is tied to the Consumer Price Index. The fact that you allow government to double - to -- to grow twice the size of the CPI just doesn't make any sense. I don't know what you want to call Ehis bill, but you can't call it property Eax relief. The simple proposition that I thouqht we were a1l trying to address here, on the subject of property tax relief. is that government should not be allowed to grow faster than the taxpayers' ability to pay . And the Consumer Price Index is the measure of the taxpayers' ability to pay. And for you to consistently, through committee, through 2nd Reading, and right on to 3rd Reading, leave this bill at nine percent shows that you fre either totally insensitive to those taxpayers: or you simply don't understand that people out there Want relief from property taxes. And the only way we're going to get it is to tie those increases to some reasonable measure. Your bill simply does not do that, by allowing government to grow twice as fast as the rate of inflakion. It cannot be called property tax relief; it's Property Eax-flation, and we ouqht to defeat I would suqgest a Present vote on khis parkicular bill. And tomorrowe you dll have an opportunity to vote for property tax relief: which has that effective measure - the CPI accounted for. That's property tax relief; this isnlk.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Senator Jacobs. 2l2  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislatkve Day May l7, 1990

Thank you, Mr. President and Ladies and Gentlemen af the Senate. You know it seems sort of strange whenever we, of all people, are going to ask why local government should be allowed to raise at twice the CPI. Half the time it's 'eause we've mandated those costs on to them. That's usually the first reason Why they do i*. Most of the clties today had to have a five to six percent, or better, increase in their total tax rates, because af khe mandated cost we had for pensions. So you want to know Why we Want to have ik twice the CPI? Because we mandate these costs for them . And I'm getting tired, I guess, of this Body continually attempting to save people from themselves. That side of the aisle is always qreat at saying, ''You know, we manGate too much, and we shouldn't do this,'' but here we are again, mandating ko local government one way or another, and I don't even agree with this bill. And I sure don't agree with the CPI bill. To me, let local governments do what they must do, and if they don't do what you think they want -- what they should do, kick the rascals out. You know, the reason you pay high costs for your schools in some of these collar counties - I know Dupage always cries about the cost of their -- their schools and everything - it's 'cause you demand -- you demand that. You demand those good schools. ïou demand those high prices for teachersz and you demand that you have the best. Well, damn it, if you want the best, you got to expect to pay. And if you don't like what you paye vote them out.

PRESIDING OFPICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Schaffer.

Well, if I could, a question of the Chair, and -- and then a couple of comments. Obviously, this is a lkmitakion on home rule units. I don't think that could be any clearer. was just wondering what vote will be required. And -- 1111 let you apply 213  STATE OF ILLINOIS 86*h GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 the juste knowledgeable expertise that we have assembled there on the Podium to get us an answery which I'm sure will be consistent on this queseion in the future.

PRESIDINC OFFICER: (SENATOR DEMUZIO) True. True.

First on a positive note, I think itfs bad to always be negative. I am intrigued by the three-fifths requirement to -- an extraordinary requirement to raise taxes, I think that's an innovative idea. That three-fifths requirement has a nice ring to me. I -- I think when taxes are increased, the three-fifths requirement is a very logieal thing, and perhaps is a precedent. I am sure we ouqht to have a little consistency on that, also. note with some tnterest that there are those among us who don't -- would apply this at the local level: but hide in a closet When the subject is brought up at the State level. Perhaps consistency is, in fact, the hobgoblin of little minds, as Senator Dirksen was fond of saying. But I do have a problem at the risk of shifting dkrections here. I bappen to come from a very fast-growing area . A couple of keeks ago, I went through a relatively small elementary district, Went through their one school, where they had just completed a nice addition - not a huge addition, but a nice litkle addition and had for the first time had a learning center, and were quite proud of their addition. And after we got throughz khe two school board members and the superintendent that had conducted me through, kind of pointed me out *he window, and pointed to a larqe corn field and said that one of my local communities has noW apparently approved that hunk of ground for development of two thousand new homes. And that they feel that in any given year, as many as seven hundred and fifty new homes could be constructed, thereby doubling, potentially, the school population. It's my impression from reviewing the bill, that 2l4  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st tegislative Day May 17, 1990 there is no exemption, and that the implications of a school district having to have its population doubled, even if it had space for the kids, and then being limited in this manner would be to absolutely shut that school district down. And it wou:d be difficult, because in many cases they aren't even going to know khe scope of the growth. While I am down here this week, several hundred people will move into my district, believe it or not. Several hundred people. I think theydre coming from all of your districts, but we're -- we're happy to have them, up to a point. This -- this bill, as it's presently constructed, would literally be destructive of the education system in this State kn the fast-developing areas that we do have. And I really think this is a major hole, and one that will cause a great deal of hardship to a lot of people and childrenz as they try to :et an education in those part of tbe States that are -- State that are experiencing the kind of qrowth that we're seeing, at least in my area.

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

Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Senator Netsch, you know a couple of Weeks ago when we debated the tax accountability amendment, you stood on the other side of the aisle there, and you had a very eloquent speech mentioning my temper tantrums, and and how I was qoin: for the tax accountability and that Was not the way to go. And then you said that ''there are...three things that we need to do with respect to that most burdensome'' -- and I'm quoting too: Senator -- ''that most burdensome of all taxes - the property tax.'' Then you go on to say that we ought to provide some three Rs some 2l5  STATE OP ILLINOIS 86th GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legillative Day May 17, 1990 relief. We should provide some reform: and we should provlde replacement.'' Now -- noW Senatorz I realize that your bill does provide a minimal amount of relief, a miniscule amount of reform Where's the replacement: Senator?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch.

The -- the replacement is not in this bill. I did not suggest that it was. Replacement comes only With some other form of State revenue that Wi11 either replace property taxes generally, as, admittedlye Senator Rigney attempted to do this morning, or by changing School Aid distribution.

PRESIDING OFFICER: (SCNATOR DEMUZIO) Senator Dudycz.

Well, Senator Netseh, some other form of replacement does not answer Ehe question to myself or neither to the homeowners in your district, as Well as mine. I think that -- is a little hypocrisy goinq on there. You're talking -- you're criticizing the tax accouneablliey at one end. 7ou said that youdve got the ansvers to the questions. The -- problem is the property tax. You eome up with your three Rs, and even your own answer -- your oWn bill does not have the answer that you said you would come up With.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. Preskdent. A question of the sponsor.

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates she Will yield. Senator DeAngelis. SENATOR DeANGELIS: Well, Senator Netsch has been tryin: to redefine some of our terminoloqy when it comes to taxation. So I would like for her to 2l6  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 clear up a few things for me. First of all: is this a tax relief bill? PRESIDING OFFICER) (SENATOR DEXUZTO) Senator Netseh.

It is, primarily, a tax limitation bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator DeAnqelis. SENATOR DeANGELIS: So is not a tax relief bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Netseh.

It will provide relief ln those areas where taxes are where levies are going up above the amounts that are specified in the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator DeAngelis. Ohy I'm sorry.

So the answer isw for some people, it will not be; for others, it will be.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGELIS: Well, let me point out -- I want to make a comments then want to ask her another question. If your bill had been in effect khe last ten years, in which the property taxes went up a hundred and seven percent in Cook County, that is seven and a half percent compounded annually, the property taxes Would have gone up a hundred and twenty seven percent instead of one hundred and twenty. Now, I would submit that that's neither relief nor lkmitation. What I guess it :s, it's an opportunîty Eor a lot of  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17y 1990 those people in government, who are very responsible, who out of fear, would probably raise their levies: and the end result being is that instead of qetting limitation or relief, we would get neither one. Thks bkll -- tE kt ks property tax relief, then I am a neurosurqeon.

PRESIDING OFPICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator -- With respect to Senator Schaffer's inquiry, the bill does not explicitly preempt -- I'm sorry -- does not -- is not preemptive; therefore: it Would require only 30 votes. Senator Netsch.

Wkth al1 due respect, in my judgment: it does preempt home rule. And I freely aeknokledge that i: does require three-fifths. Well, it does.

PRESIDING OFPICER: (SENATOR DEMDZIO) That means it takes 40 votes under the Rock rulin:, right? SENATOR NETSCH; Under -- under under that approach, it would. Take -- take...

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator -- Senator Netsch.

.. . Take another look at it. PRESIDING OFFICER: (SENATOR DEMUZIOI Senator Davidson.

Well. Parliamentary inquiry. You made -- made a ruling from the Chair as advised by your Parliamentarian, but since the sponsor of the bill says is preemptive, and it would take a mlnimum of 36 votes, would you be kind enough to clear the record as whose ruling weire going to abide by?

PRESIDING OFPICER: (SENATOR DEMUZIO) 218  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7# 1990 Well. We -- we -- the rulinq has been from the Chair. This is the first time in my seventeen years that a sponsor is arguing the other way. However, am relying on the Parliamentarian, and their in fact, it is not preemptive, and will take thirty votes. Senator Netsch may close. Senator Geo-Karis, for what purpose do you arise? SENATOR GEO-KARIS) Mr. President, -- and and Ladies and Gentlemen of the Senatey tWo points. One, the -- Senator Netsch was a member of the Constitutional Convention, and she -- she should know about...

PRESIDING OFPICER: (SENATOR DEMUZIO) Well. What is your pointz senator?

The 36 votes that are necessary . Number two, she said it was a *ax limitation bill, and, by golly, it's a tax limitation bill, I hope she wi11 support a11 of us who are in favor of having it put on the ballot, as We have passed with four hundred and thirty thousand votes, instead of sitting back and saying it's a tax limitation, but wedre not going to support the other side's tax limitation...

PRESIDING OFPICER: (SENATOR DEMDZIO) Al1 right. SENATOR GEO-KARISt ... There is a share of hypocrisy, here.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator, -- I -- the -- the debate had closed. I -- Senakor Netsch was -- was -- was about to close. and Senakor Neksch may close.

Thank you. I would like Eo respond to a couple of the points. First of allp to Senator Dudycz. There is a difference between a three-fifths requirement to limit taxing power but not spending 2l9  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 1990 power for a single State Leqlslative Body and a three-fifths vote required of five tbousand nine hundred and seventy taxing units on their levy which, indeed, is their spending. I think those are two very significant differences. Let me say to Senator Schafferz the whole point in puttinq the referendum requirement at nine percent is to allow some leeway for those areas that are experienetng population growth and otherwise. Now Senator Kustra is Qoln: to tell you that h1s bill totally exempts a1l new construction and gertain other types of -- of growth in I'm not convinced that it does, but let us assume that he is correct. Then his five-percent cap is considerably higher than my nine-percent cap on referendum. And I think that is an extremely important point. There are no -- no exclusions here, except for those that are already built into the Truth in Taxation way. And Senator Kustra, I would really say to you: you can 't have it both Ways. If you want to allow some leeway for qrowth of those areas that are: indeed, experiencing population qrowth and change, then do it. :ue you can't at the same time say that one is a tax làmitation, and the other is not. You have a much -- if your bill is correct, a; you describe it, you have been arguing for a much greater gap in tax limitation than is present in this bill. Now, if you folks want ko lock in and not support this bill, that is your business. But this doese in fact, put constraints on local governments, and you ought to vote Yes.

PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, shall Senate Blll 20 -- Senator Dudycz, for what purpose do you arise?

Parliamentary inquiry, Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) What's your inquiry?

220  STATE OF ILLINOIS 86th GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17# 1990 Does this -- does this preempt home rule? If it does not preempk home rule and we need 30 votes, that means Chicago is not affected by this bill. Is that correct?

PRESIDING OFPICER: (SENATOR DEMUZIO) Parliamentarian indicates to me that there is no -- that it's not explicit in the bill; thereforee is not preemptive. It takes 30 votes.

So it excludes Chicaqo, in other words.

PRESIDING OFPICER: (SENATOR DEMUZIO) Well, you make your own your you can make your own interpretation. Tbe question is, shall Senate Bill 2255 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted Who wish? Have a11 voeed who wish? Have a11 voted who wish? Have al1 voted who wish? Have all voted who wish? Last call. Have a1l voted kho wish? Take the reeord. On khat question, the Ayes are 23, the Nays are l2r 21 votin: Presenk. Senate Bill 2255, havin: not met any of the constitutional tests ehat were up here this morning, is declared lost. ...tmachine cutoffl... 2274. On the Order of Senate Bills 3rd Readingr Mr. Secretaryy please.

ACTING SECRETARY: (MR. NADRY) Senate Bfll 2274. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OEFICER: (SENATOR DEMUZIO) All right. Take it out of the record. The Gentleman does not want it called. Senate Bill 2277. On the Order of Senate Bllls 3rd Reading is Senate Bill 2277, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 2277. (Secreeary reads title of bill) 221  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91Bt Legislative Day May 17, 1990 3rd Reading of the bill.

PRESIDING OFFICER: (SENKTOR DEMUZIO) Senator Rea.

Thank you, Mr. President. Senate Bill 2277 is a comprehensive primary health care bill, and as you may notice the it is, indeed, a comprehensive effort in primary health care , and the effort has been growing and so does the commitment. Many citizens are currently located in underserviced areas of Illinois, and might point out both rural and urban. In fact, I have a map here that would show the underserved areas and there's at least fifteen to twenty counties that are excluded, which means that most of the counties or portions of the rest of the counties are in underserved areas. So Statewide, we have seen the closin: of fourteen hospitals since 1986: including, in my district, the hospital in Cairo, Pierce Hospital in Eldorado, as well as others and others that you know of as well. Senate Bill 2277 addresses the need for more health care professionals in underserviced areas of Illknois. It addresses a problem of medical malpractice insurance; it deals with a growing cost of a medical education, as well as the concerns of health care professionals about making a living in areas of extreme poverty. It's a problem we all share, whether we live in the urban or the rural areas of our great Stake, and it's a problem that we must address. We have been working elosely with several organizations in putting together this package on primary health care with linkages ko secondary care. And those organizations include: the Campaign for Betker Health Care, the Illinois Hospital Association, tbe Illinois Primary Hea1th Care Association , Illinois Public Health Association. So within this bill, we cover emergency serviees. We cover community hospital program, mobyle health units, family practice physicians, community health care centers, family 222  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 practice residency program. It's a program that is in need. We have said throughout this State that this is the primary problem that is faced, and I would -- I feel that this is a program that we can address the issue and would ask for your support.

Al1 righk. Ladies and Gentlemen, I can have your attention now. We 're -- this is the last bill on this Order and then we have three on the Order of Recall, and there are a couple, I'm told, remaining yet on 2nd Reading. So we can be out of here very shortly, if everybody attempts to cooperate. Senator Topinka.

Mr. President, Ladies and Gentlemen of the Senate, may -- may I please ask some questions of the sponsor?

Sponsor indicates he will yield, Senator Topinka.

Thank you. When you originally started your -- your work here on rural health, and I appreckate what you're trying to do 'cause there 's no question: there is a problem with rural health. Youfve noW added the word ''urban'' into it. So you 've -- you started encompassing here a far larger terrain With a 1ot of problems that may not necessarily be common, one to another. Now, would the Center for Rural Hea1th, which is in the Department of Public Health, be responsible for administratin: this kind of amorphous urban part of your proposal?

Senator Rea.

Well actually, Senator, this -- the Public Health Department would have the responsibility for both rural and urban. And, you know , we have the infant mortality problem in Alexander County, the same as We have in -- in the City of Chicago or Cook County. 223  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May l7, 1990 PRESIDENT ROCK: Senator Topinka. SENATOR TOPINKA: So# indeed, the Center for Rural Hea1th is going to be responsible for both rural -- whatever you're doin: in your area and I'm going to noW have you doing something in Cook County and Dupage County, and up in my area, and itfs going to fall to the Center for Rural Hea1th? . PRESIDENT ROCK: Senakor Rea. SENATOR REA: This is a Statewide eoalition -- problem here. The Department of Public Health Would be dealing with b0th the -- the urban and with the -- the rural. They have that -- would have that responsibility and they would be working I would think that the components Withkn the Department of Publkc Hea1th would be working toqether on -- on these problems. PRESIDENT ROCK: Senator Topinka. SENATOR TOPINKA: To the bill: Mr. President, Ladies and Gentlemen of the Senate. First of all, the problems in terms of health care are not all exactly the same. And I just don't know how youdre going to work out this rural health care situatkon when you start getting into the urban areas, and sending up the Center for Rural Hea1th to administer Ehis. I mean, don't think Ehey're qualified, or would be able to handle what we 're doing. You 've diluted your effort in -- in rural Illinois, which, to be really honest, is I think Where you should be directing your attention, and you've been doing a pretty good job of it up to now. think you're kind of dilutin: your own case. I would also question, wikhin this bill, why we're giving scholarships to certain medical 224  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Leqislative Day May l7, 1990 types of people, for instance, letls -- let's go for dentists. Now we've had the closure of dental schools al1 over the State of Illinois with the advent of things like flouride and other other technological helps and assistances. We -- we really do have kind of a surplus of dentists. Theyfve now gotten into cosmetic surgery, and cosmetic dentistry, and khings of that sort. And now youdre -- youdre having dentists and optometrists, and chiropractors - you're adding them to the scholarship poolg when what we need are more nurses. I think you lre the mark there. Why not go for more, you know, obstetricians, which is what you need tn rural Illknois. 1 don't quite understand why you're doing that. And I would point out that a bill just like this in the House for -- with a four-million-dollar price tag went down. Yours has upped the ante to sixty-nine million out of GRP. So here we are today, With our litkle tabulator going, when both sides of the aisle have agreed that we're trying to hold the line. Therefll be no new tax increases . There's going to be a two-percent cut. Why are you doing this? I think this is -- really think that al1 of us ought to look at this bill very appraisingly and not support it. Thank you.

Senator Philip, for what purpose do you ariser sir?

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Just to make a few comments on Senate Bill 2277 and, quite frankly, here ke go again. I hope somebody on the o*her side of the aisle is ready to vote for a tax increase. This is sixty-nine million dollars. It may be a qood cause. Quite frankly, I thought we had an agreement around here there Were going to be no new proqrams this year. We can't afford We've cut back every one of the Governor's recommendations for every code department and I think we've done a pretty good job. Senator Rock 225  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7z 1990 had a very good idea. I agree with him, but, quite frankly, it's another fifty million dollars every year, you add those two together, and if my arithmetic is right, that's a hundred and nineteen million. Where 's the money coming from? The other side of the aksle ready to vote Eor a tax kncrease? I know bhàs side isn't ready to vote for a tax increase. And, quite franklyy why don't we do the right thing for a change around here, and kill this thing. We just simply can't afford it.

Purther discussion? Senator Keats.

Question of the sponsor.

Sponsor indicates he will yield, Senator Keats.

I am unable to find i*. The cost is something Ehat bothers me, but there's a second one. What are you doing on the medical malpractice insurance? I just can't find it in the bill or in our explanation.

Senator Rea. SENATOR REA ; There would be monies provided in there to help pay for premiums in underserved areas to -- to help offset the -- the costs there.

senator Keats.

So what you're sayinq, you're not really putting any limitations on the awards, we're simply letting the taxpayers subsidize the lnsurance. Is -- I mean, is that correct?

226  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990 Senator Rea.

The...

Senator Rea.

Well I'm sure that the Department would work out limitations on that.

Further discussion? Senator Rea, to close.

Thank you, Mr. Pyesident. Just responding to some of the questions and concerns there. You know, this is a problem in the rural area - the same problems that we have in a rural area that we have in a -- urban areas. If you will look at the report that has come ouk of the summit report, you'll notice that those problems are the same, but there is a need for these various types of primary health care services and those resources. As far as new monies: no, this is not new monies: this is reallocation of already existing monies that's there in terms of the two-percent out-of-state insurance monies. So, you know, We have talked welve qiven lip service to primary health care, and have said that it should be accessible to a1l parts of the State. It should be accessible in the city. should be in the rural area. And when we have infant mortality here in the State of Illinois that is much hisher than you would have in Germany and many of the countries overseas, then I think it's time that we start looking at a way to solve that problem, and I think this is a solution to that. I ask for you Aye vote.

Question is, shall Senate Bill 2277 pass. Those in favor will vote Aye. Opposed, vote Nay. .The voting is open. A11 voted Who 227  STATE QF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislatkve Day May l7, 1990 Wish? Have a11 voted Who wish? Have al1 voted who Wish? Have all voted who wish? Have all voted who wish? Take the record. on that question, there are 34 Ayes: 19 Nays, 4 votin: Present. Senate Bill 2277, having received the required constitutional majority, is declared passed. I beg you pardon. Senator Topinka, for What purpose do you arise?

I'd like to verify that vote, please. The affirmative.

That -- that request is in order. A11 right. Senator Topinka has requested a verification. Thak request is in order. Will the Members be in their seats. Madam Secretary, please read the affirmative roll.

The following Members voted in the affirmative: Alexander, Berman, Brookins, Carrollz Collins, Daley, D'Arco, Davidson, del Valle, Demuzio, Ralph Dunn: Thomas Dunn, Hall, Holmberg, Jacobs, Jones, J.E. Joyceg Joycez Xelly, Kustra' Lechowkczy Luft, Marovitz, Netsch, O'Daniel, Rea, Severns, Smith, Vadalabene, Watson, Welch, Woodyard, Zito and Mr. President.

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

Yes, please. Jeremiah Joycek please.

Senator Joyce on the Floor? Is Senator Joyce on *he Floor? Strike his name.

Senator Savickas, please.

Senator Savickas is reeorded in the negative.

228  STATE OF ILLINOIS 86eh GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 I'm sorry. Senator Smith.

Senator Smith. Senator Smith on the Floor? Strike her name.

Senator Carroll, please.

Senator Carroll on the Floor? Senator Carroll on the Floor? Strike his name.

Senator Netsch, please.

Senator Netsch is in the zear of the Chamber.

Senator O 'Daniel.

Senator û 'Daniells in bks seat.

And Senator Berman. PRESIDENT ROC/: Senator Serman. Senator Berman on the Ploor? Strike his name, Madam Secreeary.

Senator Jones.

Senator Jones is in the rear of the Chamber.

Okay. Senator Maroviez. 0h, see see htm. Excuse me. That's it -- Senator Luft.

Senator Lûft is in his chair.

That's it. 229  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislatkve Day May l7, 1990

All right. The roll has been verified. On that question, khere are 30 voting Aye, 19 Nay, 4 voting Present. Senate Bill 2-2-7-7 -- 2277, having recekved the required constitutional majority, is declared passed. A11 right. With leave of the Bodyy We'll -- revert to the Order of Senate Bills 2nd Reading. There has been a request from Senator Brookins. If any other Member has a b1ll on 2nd Reading that they Wish to move, this is the moment. It will be too late tomorrow, I hope, unless Senator Philip and I will be here on Saturday, but welll be here by ourselves, hope. ïeah, right. 2291. On the Order of Senate Bills 2nd Reading ks Senate Bkll 2-2-9-1. Read the billz Madam Secretary. END 0P TAPE TAPE 6

Senate Bill 2-2-9-1. (Secretary reads title of bi11) 2nd Reading of the bill. The Committee on Transportation offers Committee Amendment No. PRESIDENT R0CE: Senator Blookins, on Comnittee Amendment No.

Thank you, Mr. President. I'd like to Table Committee Amendment No. 1.

All right. Senator Brookins has moved to Table Committee Amendment No. l to Senate Bill 2291. Discussion? If not, all in favor of the Motion to Table, indicate by saying Aye. Al1 230  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 91st Legîslative Day May l7, 1990 opposed. The Ayes have it. The motion carries. Amendment No. is Tabled. Are there further amendments?

Committee Amendment No. 2.

Senator Brookins, on Committee Amendment No. 2.

We'd -- we'd like to Table Committee Amendment No. 2. PRESIDENT ROCKZ All right. Senator Brookins has moved to Table Committee Amendment No. 2 to Senate Bill 2291. Discussion? If not, al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. Amendment No. 2 is Tabled. Further amendments?

Amendment No. 3 offered by Senator brookins.

Senator Brookins, on Amendment No. 3.

Thank you. This bill addresses several problems dealing with auto theft. The Secretary of State, the State Policee Cook County Statels Attorney's Office and business owners and operators have all aqreed to the changes in this amendment. The bill expands the definition of ''essential parts'' to include parts that are the most often stolen - seats, radios and aluminum wheels. Nine other parts have been depleted from the list - quarter panels, transmissions in vehicles and other second classes. The bill creakes kwo new offenses to help convict professional thieves - the aqqravated offense related to motor vehicles and other vehicle felonies and the organizers of an aggressive vehicle theft conspiracy. I'd ask for a favorable vote. PRESIDENT ROCEZ Senator Brookins has moved the adoptlon of Amendment No. to 23l  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 91st Leqkslative Day May l7, 1990 Senate Bill 2291. Is there any discussion? Senator %atson.

Yes. Thank you, Mr. President. This is a new amendment and obviously, probably sbould have gone through the Transportation Committee. You mentioned the salvage yards and -- and khose type of businesses, and we passed a bill several years ago that just literally, practically put those people out of business, and we've been making some progress ln trying to get some of the paperwork and the requirements reduced on that industry. NoW khat are we doing here? Is this going to add back, now, more restrictions, more requirements, and what are we doing to those people?

Senator Brookins. SENATOR BROOFINS) Thank you. Senator Watson, what We did is took restrictions off. They have agreed to it and theybre working with it# and theydre happy -- or not happyz but satisfied.

A11 right. Senator Brookins moved the adoption of Amendment No. to Senate Bill 2291. Purther diseussion? If not, al1 in favor: indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. Does any other Member have a bill on 2nd Reading? Going once) going twiee; itts gone. On the Order with leave of the Body then: we'll move to the Order of Senate Bills 3rd Reading. A copy of the recall requests have been diskributed. Senator Schaffer. Bottom of Page 9, Ladies and Genklemen, on the Order of Senate Bills 3rd Reading. Senator Schaffer seeks leave of the Body to return that bill to the Order 232 C STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legkslatkve Day May l7: 1990 of 2nd Reading for purposes of an amendment. Is leave qranted? Leave is granted. On the Order of Senate Bills 2nd Readingz Senate Bill 2084, Madam Secretary. SECRETARY HAWKER: Amendment No. l offered by Senator Schaffer. PRESIDENT ROCK: Senator Schaffer. SENATOR SCHAPFER : Mr. Presidentz this is a Lottery bill and has to do with people that falsify, or alter, or counterfeit Lottery tlckets. And it has been suggested that We add the word ''knowingly'' before the penalty, so that the person would have to knowingly alter such a thing. So that just possession of the altered or counterfeited ticket isn't a crime. PRESIDENT ROCX: All right. Senator Schaffer has moved the adoption of Amendment No. 1 to Senate Bill 2084. Discussion? If not, all in favor, indkcate by sayinq Aye. Al1 opposed. The Ayes have The amendmentls adopted. Ar9 there further amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCK: 3rd Readàng. 2213. Bottom of Page l0, on the Order of Senate Bills 3rd Reading is Senate Bill 2213. Senator D'Arco seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave qranted? Leave is granEed. On the Order of Senate Bills 2nd Reading is Senate Bill 2213, Madam Secretary. SECRETARY HAWKER: Amendment No. 4 offered by Senator D'Arco. PRESIDENT ROCK : Senator D'Arco. 233  I STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990

Thank you. Mr. President, the amendment becomes the bill. In other words, we -- we're striking everything after the enacking clause, and making the amendment the bill. What I would like to do is . to put this amendment on - and there's a subsequent amendment that Senator Topinka has - put the -- both amendments on Ehe bill. And then we can debate the bill tomorrow morning, if that's agreeable with everyone.

All right. Senator D 'Arco's moved the adoption of Amendment No. 4 to Senate Bill 2213. Discussion? If not, a1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Furtber amendments?

Amendment No. 5 offered by Senators Topinka, D'Arco and Barkhausen.

Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate, this amendment Would provide a -- civil liability phrase to the bill so that, indeed, those health care providers Who are involved in makin: these decisions, following al1 that precedes in the bill, would not be held liable.

Senator Topinka's moved the adoption of Amendment No. 5 to Senate Bill 2213. Discussion? If not, a11 kn favor, indieate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

234  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legkslative Day May 17, 1990 3rd Reading. 2267. Senator Marovitz. Bottom of Page Ladies and Gentlemen, you fll find Senate Bill 2267, on the Order of 3rd Reading. Senator Marovitz 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. 0n the Order of Senate Bills 2nd Readinq, Senate Bill 2267. Madam Secretary.

Amendment No. 5 offered by Senators Marovitz and DeAngelis.

Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate . Several Members, on both sides of the aisle, asked that the civil penalties be removed from the legislation. This amendment removes the civil penalties from the legislation, as requested by others and -- and defines what Hsexual orientation'' is. Puts that back in and defines ik specifically. And I would ask for adoption of Amendment No. l Ksic>.

All right. Senator Marovitz has moves the adoption of Amendment No. 5 to Senate Bill 2267. Discussion? Senator Keats.

The immediately following amendment that I have offered is identical to this except deletes one term - ''sexual preferencez'' so as the sponsor, if he wishes to put this amendment on: I would noE oppose ite but the next amendment will be identical except for those phrases.

All right. Senator Marovitz has moved the adoption Amendment No. 5 to Senate Bi11 2267. Purtber discussion? If not: all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments? 235  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 91st Leqàslative Day May 17, 1990

Amendment No. 6 offered by Senator Keats.

Senator Keats.

This amendment is identical to the last amendment. If you remember, this is a Hate Crimes bill that has many, actually quite favorable, things in the bill. But this has been the question of includinq the term ''zexual preference'' kn the law . This amendment that has been distributed is identical to Senator Marovitz's amendment, with the exception - we have reloved the term ''sexual preference''. Again, I -- as you knoW, I haven't twisted anybody 's arm on this. It's just a question of do you think that ''sexual preference'' is something we should put in the law, as a specific groupy that We should be differentiatinq? It's a call on your part. I don't ask you to go either way. I just tell youz I feel strongly that this is probably not a category that should be singled out in the law.

A1l right. Senator Keats has Roved the adoption of Amendment No. 6 to Senate Bill 2267. Discussion? Senator Marovitz.

Very briefly, we are protecting race, creed, religion, national origin, and by the legislation, sexual orientation, not sexual preference. And I quess if you want to take ouk one Particular class that nOW has been very speclfically defined by the previous atendment eivil penaltkes removed that is specifically defined, if you want to take tha: out and say that gay-bashing is okay, that's what this vote does.

Further discussion? Senator DeAngelis. SENATOR DeANGELIS: 236  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7: 1990 Mr. President, I will not speak as strongly as Senator Marovitzy but Senator Keats, you have, in fact, by taking it out, singled out a group.

All right. Further discussion? Senator Keats: do you wish to -- I'm sorry, Senator Dudycz.

Thank you, Mr. President. About an hour and a half ago: I received a telephone call from Chicago Police Deputy Superintendent Joseph deLeonardi, and he brought to my attention that the Chicago Police Department currently is -- has a very serious problem with hate groups. And he said that the police officers are specifically dealing with - you may call it gay-bashing or -- or pickàng on homosexuals - and -- you know, I think what Senator Marovitz is trying to do with -- with his bill, and what Senator Keats, my seatmate, is trying to undo, is trying to prevent a specific attack on a specific segment of cur community. Like fem or not, condone what they dre going or not, they are being picked on by some hate groups. Theydre they're specifically qoing after a certain segment of our community. Senator Marovitzfs legislation, you know, doesn't deal with promoting homosexuality or immoral behavior and it's addressing criminal behavior against a specific part of our community. Like I said earlier, like it or not. And -- and wedre dealing with you -- you've got to focus at this bill and Senator Marovitz's amendment deals wiEh the actions of the offender: not the problems of tbe victim or the potential victim. So I think what We should do is we should let Senator Marovitz's bill go on as it as he intended it to -- to go on, and we can debate it tomorrow on 3rd Reading. But I would -- I would say don't support Senator Keats' amendment.

237  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May l7, 1990 Al1 right. Further discussion? Further discussion? Senator Keats, to close.

Thanks for the help. To say that this amendment okays çay-bashing ks absutG. That zeally ks a lkttle sklly. It ks illegal now. That kind öf violence is clearly illegal. Everyone knows it's illegal and is easily provable. Senator DeAngelis: 1et me correct something you said, because you clearly had misread. You said, ''This is singling out a group.'' You're correct, but you misunderstood . By putting it in, you are singling out a group . You are sayinq, ''Sexual preference or sexual orientation is the same as race, color, creed, religion, ancestry, physical or mental disability or national origin.'' ïou are singling out this group in saying tbat is the saxe as race, creed, religion, et cetera. think yau misunderstood and really had yourself backwards. With that, I would say this is a call on your own. If you feel that sexual preference is something that should be in the law, and that that should be a category no different than race, creedy religion, ancestry, it's your call. would ask for you to support the amendment.

All right. Senator Keats has moved the adoption of Amendment No. 6 to Senate Bill 2267. All in favore indicate by saying Aye . All opposed. Opinion of the Chair, the Noes have it. The amendment fails. Yes. Okay. Heyr listen. The question is the adoption of Amendment No. 6 to senate Bill 2267. Those in favor of the amendment Will vote Aye. Opposed Will vote Nay, and the voting is open. Have all voted who wish? 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 question/ there are 19 Ayes, 28 Nays, none voting Present. The amendment fails. Are there further amendments? 238  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 91st Legislative Day May 17, 1990

No further amendments.

3rd Reading. A1l right. Ladies and Gentlemen, unless there's further business, that should conclude our business for today. We Will reconvene here at nine o'clock tomorrow morninq. My recollection is we have less than thirty bills to deal with, so we -- make your plans accordingly. We will begin at the beginning, and go right on through. Nine o'clock tomorrow morning. If there is no further business or announcements, Senator Vadalabene moves the Senate stand adjourned until Friday, May 18th, at the hour of 9:00 aem. Nine o'clock, Ladies and Gentlemen. 239  1 i REPORT: TIFLDAY sTATE UF ILLINOIs 9o/ko/3t 1 P/GE: 00l sbTH GENERAI- AssEllat.Y ()9:()4 z5s SENATE . nAltY TRANSCR IPTION QF DEBATE INDEx I MAY t7, t990 j FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRGT READING FIRST READING FIRST READING FIRST READJNG FIRST REAOING FIRST REZOING FIRST READING FIRST READING FIRST READING FIRSI R64DING FIRST REAOING FIRST READING FIRST READING FIRST READING FIRST REJOING FIRST READING FIRST READING FIRST READING FIZST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRGT RFAOING FIRSI READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FIRST REAOING FIRST READING FIRST RfzDI&G 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 FIRST READING FIRST READING FIRST READING FIRST READING FIRST READING FI8sT READING FIRST READING FIRST READING FIRST READING FIRST READIRG FIRST REAOING FIRST READING FIRST READI&G THIRD REAOING jREPORTZ TIFLDAY STATE SF ILLINOIS .* 90/10/31 PAGE: 002 86TH GENERAL ASSEMBLY 09:04:55 SERATE DAILY TRANSCRIPTION 0F OE:ATE I ax :AY t7, 19 SB-l#8T THIRD REAOING PAGE 60 j 58-148: sEccNn READING PAGE 8 l S 58 :-1 - 489THIRD lA91 SECONDREADING READING PAGE PAGE 10 70 sB-t#96 THIRD REAOING PAGE 60 sB-l5oB THIRD READING PAGE 72 j S sB 8-151tTHIROREAnING - PAGE 60 1 58-152 15 3THIRDREADING PAGE 6 T0 5 ( 58-1531 THIRD REAPING PAGE 60 58-1532 SEC:NO READING PAGE 15 l s 58 :-15 - 5 THI 1536 D REA THIR: DI REAOING PA PAGE 56 57 l 58- 1537 THIRD READING PAGE 57 I 58-1556 THIRD READING :8-1565 THIRD READING PAGE PAGE 76 60 S;- 157l THIRD REAOING PAGE 61 ' 59-:573 THIRD REAOING PAGE 61 58- 1575 THIRD READING P/GE ?8 SB-15*5 THIRD READING PAGE 79 58-.588 THIRD READING PAGE 61 i 5 :8 B-: - 589 SECOND READING l59l THIRD REAOING PAGE PAGE 18 ft ; SB- 1593 THIRO RE/OING P/GE 81 SB-l614 TABLED PAGE Ak SB-1617 THIRD READING PAGE 84 q 58-:627 THIRO REAOING PAGE 61 I i SB-1&38 THIRD READING PAGE 61 SB- L&39 THTRO READING PAGE 61 SB- 16#1 THIRD READING PAGE 85 SB-16## SEEOND READING PAGE 19 SB-16#4 RECJLLED PAGE 42 SB-t6#9 THIRD READING PAGE 61 i s:- 1651 S6C0ND REAOING PJGE 22 58-1659 THIRD READING PAGE 81 SB-170L THIRD REAOING PAGE 89 SB-17O4 THIRD READING PAGE 90 i sB-171G THIRD READING PAGE 61 i :8-1713 rHlan REz0IàG PAGE 93 58-1723 THIRD READING PAGE 61 58-1727 THIRD READING PAGE 80 SB-l?30 YHIRD READING PAGF 61 i i sB-t738 THIRD READING s:-1752 THIRD READING PAGE PAGE 61 105 SB-t75i THIRD READING PAGE 106 l sB-l76t REEALLEO PAGE 43 I SB-t7&7 THIRD READING PAGE :12 I SB-1T68 THIRO READING PAGE l10 ' i :8-1773 THIRO REâDING PAGE 61 SB-t7;6 RECALLEO PAGE ## 1 SB-1;76 THIRD REZDING PAGE 1l# I 58-1783 THIRD READING PAGE 57 $B-1T8# THIRD REA9ING PAGE 57 55-1785 THIRD READING PAGE 57 SB-1786 THIRD REAOING PAGE 57 1 SB-t?87 THIRD READING PAGE 57 58-1788 TBI2D READING PAGE 57 SB-1;89 THIRD READING P/GE 57 SB-1T90 THIRD READING PAGE 57 SB-l791 THIRD READING PAGE 57 k 58-1792 THIR: READING PAGE 57 58-1793 THIRD READING PAGE 57 : SB-1794 THIRD READING PAGE 57 58-1795 THIRD READING PAGE 57 I .  RFPORT: TIFLDAY STATE OF ILLINOIS 9:/10/31 PAGE: 003 86TH GERER/L ASSEXBLY 0910::55 SENATE 7 DAILY TRANSCRIPTION 0F DEBATE INDEX #AY 17, 1990 58-1796 TH1RD READING PAGE 5-1 SB-1- f91 TF1IRD ftEADING PAGE 58 SB- 1798 TRlRD READING PAGE 58 i jjy j.j yjjj , yyj syjjjjjA yjy jj yjy j jA ys ,j jj S8-180l THIRD READING P/GE 58 SB-t802 THIRD AEADING PAGE 58 58-1803 THIRO RFADING PAGE 58 S3-1804 THIRD READING PAGE 50 SB-1805 THIRD READING PAGE 58 SB-1808 THIRD READING PAGE 58 :8-1807 THIRD ZEADING PAGE 58 58-1808 THIRD READJNG PAGE 58 S:-t609 SECOND READING P/GE 32 SB-18t0 THIRD READING PAGE 58 S:-181t THIRD READING PAGE 58 SB- 1812 THIRD READING P/GE 58 SB-18t3 THIRO REAOING PAGE 58 S3-1814 THIRD READING PAGE 59 SB-18l5 THIRD READING PAGE 59 58-18:6 THIRD READING P/G6 59 SB-1817 THIRD READING PAGE 59 S8-t816 THIRD READING PAGE 59 38-1819 THIRD READING PAGE 59 58-182D THIRD READING PAGE 59 58- 1821 THJRD READING PAGE 59 58-1822 THIRD READING PAGE 59 SB-l823 THIRD READING P/GE 59 S sB 8-l - 82# T 1825 HIRD R THIRD EADING READING PAGE PAGE 59 59 j 58-1826 THIRD READING SB-182Y THIRD READING P/GE PAGE 59 59 53-1628 THIRO READING PAGE 59 58-1829 THIRD READING PAGE 59 SB-183O THIRD READING PAGE 6: SB-183t THIRD READING PAGE 60 i 58-1832 THIRD READING PAGE 60 I SB-t833 THIRD READING PAGE 60 I 58-1838 THIRD REJDING P/GE 6: SB-l840 THIRD READING PAGE 62 SB-l8#5 THIRO READING PAGE 62 SB-1885Q - #7 THIRD R THIRD EADING READING PAGE PAGE 62 1l5 I SB-1856 THIR2 READING 58-1862 THIRO READING PAGE P/GE 62 116 SB-t8&# TRIRO READING PAGE l23 5:-1877 THIRD READING PAGE 123 SB-1881 THIRD READING PAGE 133 58-1882 THIRD READING PAGE 62 - 58-1897 THIRD READING PàGE t3S I SB-1905 THIRD READING PAGE 140 58-1906 THIRD READING PAGF 62 58-1922 THIRD READING PAGE 60 5:-1926 THIRD READING PAGE 60 S8 5B-k - 933 THIRD READING t9A9 THIRO READING PAGE PAGE 60 62 I SB-1951 SEEOND READING PAGE 33 SB- l95t RECALLED PAGE 53 5:-:957 THIRD REABING PAGE 1#1 58-1958 THIRD READING PAGE 1#6 SB-19&O THIRD READING PAGE 62 58-1962 THIRD ZEADING PAGE l#6 SB-l97# THIRO READING P#G6 62 I 58- 1977 THIRE READING PAGE 1#T l R pE wp c0 gRTz TzeunAv STATE OF ILLINOIS 90/t0/3t I z ca# 86TH GENERAL ASSEMBLY :9:û4:55 SENATE DAILY TRANGERIPTION OF DE3>TE INDEX :/Y 174 1990 58-1985 THIRD READING 58-1986 RECALLED 53-1991 THIRD REAOING ::-2000 THJRD HEADJNG SB-200t THIRD READING 58-2009 THIRD REAOfNG SB-2012 SECCND REAOING SB-20k3 SEEOND REAOING SB-2û1# YHIRD READING 58-2015 SECON: READING :8-2020 THIR: READING ZB-202& THIRD REAOING 58-2028 THJRO READING SB-203& THIRD READING 58-2037 THIRD READING 58-2038 THIRD READING 58-2039 THIRD READING :8-2040 SFCOND READING 58-2050 THtRD READING 58-2052 THIRD READING 5:-2054 THIRD READING G6-2056 YHIRD REASING 59-2067 THIRO READING 5:-2078 THIRD REAOING 58-2079 THIRD READING 58-2080 THIRO READING 58-2081 THIRD READING 53-2082 THIR2 READING 58-2083 THTRO READING SB-208# RECALLEO 58-2086 THIRD READING 58-2089 THIRD READING 58-2090 FHIRD READING 53-2091 THIRD REAOING 58-2092 THIRO READING 58-2093 THIRD READING SB-2O9# THIRD READING 58-2099 THIRO REAOING SB-2100 THIRD READING 5:-2102 THIRD READING SB-2k0# THIRD REAOING SB-2t08 THIRD READING 5:-2159 THIRD READING SB-2t10 THIRD READING S8-2ttl TKIRO R6A01&G SB-2t12 THIRD READING SB-2tt3 THIRD R6/0IKG SB-2L15 THIRD READING 58-2119 THIRD READING SB-212# THJRD READING 5:-2127 THIRD READING 58-2131 THJRS REâDTNG SB-21#3 RECALLED sB-2t45 FHIRD READING SB-2l#7 THIRD READING 58-2:55 THIRD READING 58-2166 THIRD READING 58-2168 THIRD READING 53-2176 THIRD READING 5:-2182 THIRD REAOING 58-2183 THIRD READING s8-at8# THIRD READING SB-2L:6 THIRB REAOING 58-2187 THIRD READTNG j ' q6pcayz TIFLOA. STATE OF ILLINOIS 90/:0/31 ; PAGE: oos I 86TH GENERAL ASSENBLY 09:G::55 l DAILYTRANSCRIS PE TI NA ON TEOF DEBATE INDEX ! # ' 8âY lTv 1990 SB-2190 THIRD READING 58-2193 THIRD READING 38-2195 THIRD READJNG 58-2208 RECALLED SB-2e09 THIRD READING SB-2210 THIRD READING 33-2213 RECALLED 5:-2216 THIRO READING 38-2217 THIRD READING 58-2222 THIRD READING :3-2229 THIRD READING 58-2237 THIRD READING 58-2239 THIRD READING 58-2249 THIRD READING 58-2253 THIRD READING 58-2255 THIRD READING 58-2267 SECOND READING 58-2267 RECALLEO SB-227# THIRD READING 58-2274 ûbT OF RECORD 53-2275 THIRD READING 38-2276 THIR: READING 58-2277 THIRD READING SB-229t THIRD READING 58-2304 SECOND READING 58-2306 THIRD REAOING s8-2308 THIRD READING :8-2309 THIRD READING 58-2312 THIRD READING SR-1081 ADOPTED SR-l082 ADOPTED SR-1083 AOOPTED SR-1084 ADOPTED SR-t085 ADOPTED SR- 1086 ADOPTED SR- t087 ADOPTED 5R-1088 REGOLUTION OFFEREO 5R-1089 RESOLUTION OFFERED SR-tO90 RESOLUTION OFFERED 3R- 109l RESOLUTION OFFERED SR-1092 RESOLUTION OFFERED SR-1u93 REGOLUTION OFFEQE: sR- L09# RESOLUTION OFFERED SR-1095 RESOLUTION OFFERED HdR-0115 ADOPTED SJR-0t77 RESOLUTICN OFFERED SUBJECT MATTER SENATE T0 ORDER - PREGIDENT ROCK PAGE l PRAYER - REVEREND HARIYLN BRE%ER PAGE 1 JGURNAL - POSTPONED PAGE t HESSAGE FROY rHE HDUSE PAGE l AT EASE PAGE 68 SENATE RECONVENES PAGE 66 ADJOURNNFNT PAGE 239 r --. --- --- --- . -- -. .----