Illinois Senate Floor Debate — June 20, 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) The hour of nine-thirty having arrivede the Senate will come to order. Members will be at their desk. Our guests in the gallery will please rise. Our prayer this morning is by Reverend George W. Loveland, Woodside United Methodist Church, Springfield. Reverend.

(Prayer given by the Reverend George W. Loveland)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall.

.o o tmaûhine cutoffl...prestdent, Ladies and Gentlemen of the Senate. I move that reading and approval of the Journals of Tuesday, June 12th7 Wednesday, June 13th7 Thursdayz June 14th2 and Tuesday, June 19th, in the year 1990, be postponed, pending arrival of the printed Journals.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l rkght. Xou've heard the motion as placed by Senator Hall. Those in favor, indicate by saying Aye. Opposedr Nay. The Ayes have it. Motion carries. Ladies and Gentlemens the first thing webre goinq to be doing this morning will be going to the Order of Recalls. The Recall List has been passed out. Messages from the House. Messages of the from the House.

A Message from the House by Ar. O'Brien, Clerk. Mr. President I am directed to inform the Senate that *he House of Representatives has eoncurred uith the Senate in the passage -- the passage of a bill of the following title, to wit: Senate Bill 1571 with House Amendment 1. I have alike Messages on Senate Bill 1532 ylth ., , , Hous ; e Amen é .. . dmpnt .. , . Senate Bill 1571 With House Amendment Senate ji11 ' 1588 Wtth ! !  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 House Amendment Senate Bill 1635 with House Amendment 22 Senate Bill 1676 with House Amendment 1: Senate Bill 1904 with House Amendment 1: Senate Bill 2124 with House Amendment 17 and Senate Bill 2131 With House Amendments l and 2. Passed the House, as amended, on June 19, 1990.

PRESIDING OFFICER: (SENATOR DEMUZIO) Secretaryîs Desk. Senator Mahar, for what purpose do you arise?

A point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) State your point, sir.

Mr. President, I'd like to thank the Members of this Body, the staff, the secretaries, everybody within earshot, for the kindness that has been extended my dad and I during the past week, since my mother passed away. We really appreciate it, and it's been a -- very much a comfort to us. Thank you.

PRESIDING OFFICER: (SENATOR DEMUZIO) Thank you, sir. Resolutions.

Senate Resolutkon 1256 offered by Senator Lechowkcz. It is congratulatory. And Senate Joint Resolution 203 offered by Senator Daley and all Members. It is a death resolution.

PRESIDING OFFICER: (SENATOR DEMUZIO) Consent Calendar. Al1 right. While we get -- first order of business this morning Will be the Recall List, Which has been passed out, and should be on every Member's desk. Schunemany Ralph Dunn, Jacobs, Keats, Collins, Davidson - those would be the first individuals this morning. Senator Schuneman on the 2  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Floor?..vtmachine cutoffl... Resolutions.

Senate Resolution 1257 offered by Senator Topinka. It is congratulatory.

PRESIDING OFFICER: (SENATOR DEMUZIO) Consent Calendar. A1l right. 0n the Order of Recalls. All right. With leave of the Body, we'll go to the Order of Recalls. House Bill 982. Senator Schuneman. Senator Schuneman seeks leave of the Body to return House Bill 982 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 9-8-2, Madam Secretary.

Amendment No. 1 offered by Senator Schuneman.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schuneman.

Thank you, Mr. President. Amendment No. 1 simply provides that no legislation enacted after the effective date of -- of this Act, which mandates or requires offering of health care coverages or servkces, shall apply to any insurer unless the legislation applies equally to employee welfare benefit plans. This is an attempt to equalize the treatment between large employers and small employers as regards mandated coverages. I would move adoption of tbe amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Schuneman has moved the adoption of 4 Amendment No. 1. Is there discussion? If not, those in favor Will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted. Purther amendments?

No further amendments. 3  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislatlve Day June 20y 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1681. Senator Ralph Dunn seeks leave of the Body to return House Bill 1681 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. House Bills 2nd Reading, House Bill 1-6-8-1, Madam Seeretary.

Amendment No. 2 offered by Senators Holmberg and Kustra.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberg. A1l right. Senator Dunn.

think I have to move to Table Committee Amendment No. flrst. This replaces it - so move. Withdraw ...tmachine cutoffl...

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Dunn, having voted on the prevailing side, moves to reconsider the vote by which Committee Amendment No. was adopted. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. is -- is -- is reconsidered. Senator Dunn noW moves to Table Committee Amendment No. 1. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. is adopted <sic> (Tabled). Further amendments?

Amendment No. 2 offered by Senators Holmberg and Kustra.

PRESIDING OFFICER: (SENATOR DEMUZIO) Eenator Holmberg.

Thank youy Mr. President. This is an outgrowth of the discussion in eommittee on how the parental involvement secticn should be listed on the report card for each school district. And it delineates the kinds of context that can take place during the year to add the total for each teacher. And they include things 4  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY ZEGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 like; parent-teacher conferences, parental visits to school, school visits to home, telephone conversations, and written correspondence. And I would recommend its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmber: has moved the adoption of Amendment No. 2. Is there discussion? If not: those in favor Will indicate by Baying Aye. Opposed, Nay . The Ayes have Amendment No. 2 is adopted. Furtber amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 2367. Senator Jacobs. Senator DeAngelis. Senator DeAngelis on the Ploor? DeAngelis . 2543. Senator Keats. On the -- Senator Keats seeks leave of the Body to return House Bill 2543 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 2543, Madam Secretary.

Ploor Amendment No . offered by Senators Keats, Zito and Luft.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Keats.

Thank you, Mr. President. This amendment actually has two parts, and 1'11 explain them very briefly. The first part simply deals with the qualifications of the commissioner and deputy eommissioner of banks and trust companies . in reality, broadens the -- the number of people -- or broadens the field of persons eligible to be considered for the appointment. My understanding - it's not controversial. The second portion, under the new Bankin: Aet - both the federal level and State - this there is now an ability for banks to actually lease facilities and 5  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 locations fram savings and loans. So this clarifies the relocation - and I stress relocation, not additional location procedure of a leased savings and loan office which a bank maintains and retains as a branch in connection with the purchase and assumptton, merger: et cetera, of the insured deposit transfer. That's bank language for, allows us to know where these facilities will be as banks, potentially, purchase savings and loans, which is -- which Was authorized under the federal savings and loan bailout. That's a1l both of them do.

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

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 3058. Senator Collins. Senator Collins on the Floor? 3131. Senator Davidson. Senator Davidson on the Floor? 3202. Senator Thomas Dunn. 3220. Senator Rock seeks leave of the Body to return House Bill 3220 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. House Bills 2nd Reading, House Bill 3220, Madam Secretary.

Amendment No . l offered by Senator Rock.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3220 deals with the subject of garnishment, and attempts to put into law all the due process and notice requirements. The amendment that I am offering calls for the 6  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT lG%th Legkslatëve Day June 20, 1990 attorney for the judgnent creditor - that is the person who is attempting to garnish the wages of a debtor - to provide written notice by first class mail to that debtor, so that he knows what's goin: on. know of no objection. would move the adoption of Amendment No. 1.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock has moved the adoption of -- of Amendment No. Is there discussion? If noty those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 1 is adopted . Further amendnents?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 3273. Senator Rock -- al1 right. 3371. Senator Macdonald. 3426. Savickas. On the -- Senator Savickas seeks leave of the Body to return House Bill 3426 to the Order of -- of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is . House Bill 3426, Madam Secretary.

Amendment No. 4 offered by Senator Savickas.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Savickas.

Yes. This amendment would delete the text of Amendment No. concerning the lssuance of permits for municipal waste facilities. And I would move its adoption.

PRESIDING OFFIQER: (SENATOR DEMUZIO) All right. Senator Savlckas has moved the adoption of Amendment No. 4 to House 3ill 3426. Is there discussion? If not, khose in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 4 is adopted. Further amendments?  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 3454. Senator Woodyard Eeeks leave of the Body to return House Bill 3454 to the Order of 2nd Reading. Is leave qranted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3454, Madam Secretary.

Amendment No. l offered by Senator Woodyard.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Woodyard.

Thank you, Mr. President and Members of the Senate. Amendment No . is the result of a series of meetings between the Township Officials, the Farm Bureau, the Illinois Taxpayers Federation, and Realtors. And there is complete agreement, as I understand on this amendment now. The underlying bill allowed townships 'to make a one-time transfer out of -- out of General Assistance Funds into various human services projects, and the second part of the bill would also have allowed townships to -- that were not levying at the full amount to levy up to the full amount the ten-cent level - and create a surplus and use that for the funds. That has a11 been stricken. And this amendment now allows for only a one-tkme transfer from the General Assistance Fund into the Town Fund, and I know of no opposition to the amendment.

PRESIDTNG OFFICER : (SENATOR DEMUZIO ) A11 right. Senator Woodyard has moved the adoptàon of Amendment No. 1. Is there discussion? If not, those in favor Will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted. Further amendments?

No further amendments.  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Readinq. 3565. Senator Severns seeks leave of the Body to return House Bill 3565 to the Order of 2nd Reading foç the purpose of an amendment. Is leave granted? Leave is granted. House Bills 2nd Readingz House Bill 3565, Madam Secretary.

Amendment No. l offered by Senator Severns.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Severns.

Thank you, Mr. President and Members of the Senate. Amendment No. recodifies the Department of Public Aid's Project Chance, and the training and work programs under the FDC Program. It is a result of the federal legislation or the Reform Act that came down last year. This is an agreed upon amendment by DPA and the advocacy agencies. know of no opposition, and I would move for its adoption.

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

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 3740. Senator Barkhausen seeks leave of the Body to return House Bill 3740 to the Order of 2nd Reading for the purpose of an amendment. ls leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3740, Madam Secretary.

Amendment No. 1 offered by Senator Barkhausen. 9 r . I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 PRESIDING OFFTCER; (SENATOR DEMUZTO) Senator Barkhausen. SENATOR BARKHAUSEN: Mr. President and Members, Amendment No. 1 to House Bill 3740, which is a Department of Insurance Billz sets forth eertain guidelines and limitations on investments by insurance companies in various types of bonds. The percentage limitations that are embodied in the bill are recent reeommendations of the National Association of Insurance Commissioners and the Department. In addition, the amendment clarifies What has been the current practice of the -- the Office of Special Deputy - the special arm of the Department of Insurance which has jurisdiction over the rehabilitation and liquidation of insurance companies. It makes clear that the rehabilitator or liquidator has jurisdiction over unauthorized companies - meaning those entities that are engaging inz or attempting to engage, in the business of insurancey but which are, in fact, not lleensed in any jurisdiction. And I ask for the adoption of the amendment. PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Barkhausen has moved the adoption of Amendment No. 1. Is there discussion? Senator Jones. SENATOR JONES: Yeah. Thank you: Mr. President. Would the sponsor yield? PRESIDING OFFICZR: (SENATOR DEMUZIO) Sponsor indicates he Will yield. Senator Jones. SENATOR JONES: Senator Barkhausen, I dondt have the amendment in front of me, but I talked to the Department. Is thts the same langu' age that we passed out with *he addltion in there, and that's a1l that's in the amendment? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen. 10  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Yes, Senator Jones. As the Department appeared before us they were still at their meeting, the NAIC meeting in Baltimore. And so these percentage limitations on investments are the recommendaeions that came out of that meeeing. And then addition, as I explained, there is this one extra provision that the -- the Office of Special Deputy had sought, clarifying their jurisdiction over unauthorized or unlicensed compankes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Barkhausen's noved the adoptkon of Amendment No. Is there further discussion? not, those in favor, indicate by saying Aye. Opposedr Nay. The Ayes have Amendment No. 1 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 3834. Senator Berman seeks leave of the Body to return House Bill 3834 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave ks granted. House Bills 2nd Reading, House Bill 3834, Madam Secretary, please.

Amendment No. offered by Senator Berman.

Senator Berman.

Thank you. Amendment No. l lncludes everyEhing or keeps everything that Was in the orlginal bill, and, at the request of the Department of Insurance, adds this amendment that touches on three areas - the areas of managing general -- managing general agents, Medicare supplemental policies and Property Casualty Guaranty Pund. I move the adoption of Amendment No.

PRESIDING OFFICER: (SENATOR DEMUZIO) 11  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Senator Berman has moved the adoption of Amendment No. 1. Is there further discussion? Is there any discussion? not, those in favor, kndicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. All right. With leave of the Body, wetll :o back up to the top of the list. Some Members now have joined us, and indicate they wish to return. With leave of the Body, 2367. Senator Jacobs seeks leave of the Body to return House Bill 2367 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 2367, Madam Secretary.

Amendment No. 1 offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. Senator -- Senator Jacobs, are you familiar with this? Al1 right. Take it out of the record . 3058. Senator Collins seeks leave of the Body to return House Bill 3058 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3058, Madam Secretaryz please.

Amendment No. 1 offered by Senator Collins.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins.

Xes. Thank yau, Mr. President. Thts is an amendment offered by the Department of Public Aid, which they feel clarified the intent of the legislation - that this is, in fact, a demonstration program. And I uould move for its adoption. 12  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 PRESIDING OFFICER: (SENATOR DEMUZIO) ! 1 Senator Collins has moved the adoption of Amendment No. 1. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendmenk No. 1 is 1 $ I adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senator Davidson seeks leave of the Body to return House Bill 3131 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. House Bills 2nd Readlng, House Bill 3131, Madam Secretary.

Amendment No. l offered by Senators Rea and Davidson.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea.

Thank you, Mr. President. This amendment has to do with mine subsidence, and clarify the languaqe as to exactly what mine subsidence is. It also adds a third party arbitrationz in case of a dispute involving the mine subsidenee claim . I Would move for adoption.

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

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) I 3rd Reading. Senator Thomas Dunn seeks leave of the Body to h return House Bill 3202 to the Order of 2nd Reading for the purpose ! 13  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20y 1990 of an amendment. Is leave granted? Leave is granted. House Bills 2nd Reading is House Bill 3202, Madam Secretary.

Amendment No. 3 offered by Senator Thomas Dunn.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn.

Thank you, Mr. President. This permits an urban sanitary district to dissolve has a population of not more than thirty thousand, and it's located in Lake Countyz and daes not include Dupage.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn has moved the adoption of Amendment No. 3. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No . 3 is adopted. Purther amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. 3rd Reading. We'l1 now begin on the Order of 3rd Reading. Back to your regular Calendar. House Bills 3rd Reading. It's Page Page 6 on your Calendar. House Bills 3rd Reading. House Bi11 309. Senator Weaver. Senator DeAngelis, for what purpose do you arise? SENATOR DeANGELIS: Well, I was off the Floor -- or had nok entered Ehe Floor when 2367 was called, and I thoughk we were coming back ko that on *he Recall List.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator, We did. We did go back to We Went back to it twice. We'll get back eo it maybe SENATOR DeANGELIS: 14  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Pardon?

PRESIDING OFFICER: (SENATOR DEMUZIO) We îll get back to it maybe next year, I donlt knok . We Were back to it twice, sir. House Bill 424. Senator Hall. Senator Hall on the Floor? All rightg 493. Senator Dudycz. 498. Let's see... 982 was on the Reeall List. 1-0-5-5. Senator Maedonald. 1055. Middle of Page 6. House Bills 3rd Reading is House Bill 1055, Madam Secretary.

House Bill 1055. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald.

Yes. This bill amends the Adoption Act. The bill does two major things. It allows the existing adoption registry in the Department of Public Health to be available for disclosure of identifying information to mutually consenting adult bioloqical siblings, not just parents or children. This bill applies only to health information, and to nothing else. It is a bill which Representative Hasara has Worked on for over tWo years. And we think it is a very neeessary bill, particularly for adopted children who have health problems to, at least: be able to find out from biological parents or backgrounds What their problems really are. Two amendments were added yesterday; one to protect the Department of Hea1th from lawsuits, and the other was to include psychological information, as well. So I ask for your support of this bill. We think it's very necessary, and we think has been clarified with the amendments, here in the Senate, to - - to make the bill alrtiqhtz so that it will not cause any problems. So I ask for your support of House Bill 1055. 15  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY' REGULAR SESSION SENATE TRANSCRIPT 1:5th Legislative Day June 20, 1990

PRESIDING OPFICER: (SENATOR DEMUZIO) A11 right. Is there discussion? not, the question is: shall House Bill 1055 pass. Those in favgr Will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who Wish? Have a11 voted who wish? Have all voted who wish? Take the record . On khat question, the Ayes are 55# the Nays are none, none voting Present. House Bill 1055, having received the required constitutional majorityz is declared passed. Senator Smith, for what purpose do you arise?

Thank you, Mr. President. I'm so sorry. My -- I intended to vote Yes, and this package had been brought to me and it blinded my -- my button. But please register me with a -- as a Yes vote. I1m sorry.

PRESIDING OPFICER: (SZNATOR DEMUZIO) Al1 right. The record will so reflect. House Bill 1220. Senator Welch . 1268. Senator Marovitz. Page 1504. Marovitz. 1632. Senator Weaver. On the Order of House Bills 3rd Reading is House Bill 1632, Madam Secretary.

House Bill 1632. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICDR: (SENATOR DEMUZIO) Senaeor Weaver.

Thank you, Mr. president and Members of the Senate. Senate <sic> Bi11 1632 would provide that students and graduates of public high schoolsz that have selective academic eriterka for admissions, may be designated as State seholars. NoW this does not carry any monetary award: but an amendment also provides that those who are delinquent in repayment of student loans may be 16  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 suspended or a revocation af an insurance license or teachin: certificate may be part of the penalty if satisfactory arrangement for repayment of the student loans are not paid. If there's any questions, I'd be happy to answer them .

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the guestion is, shall House Bill 1632 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted Who Wish? Have a11 voted who wish? Have all voted wh5 wish? Take the reeord. 0n that questionv the Ayes are 55, the Nays are none, none voting Present. House Bill 1632, having received the requkred constitutional majorityy is declared passed. 1681 was on the Recall List. 1784. Senator Brookins. On the Order of House Bills 3rd Readin: is House Bill 1-7-8-4, Madam Secretary.

House Bill 1784. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Brookins.

Thank you, Mr. President. This creates a Minority and Female Buskness hcquisttion Pënance Authorkty to create a minorkty and female business in aiding and bonding. It provides them with bonding powersy and authority of bonding powers. So I ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there discussion? Senator Jones.

Senator Brookins, on the bonding, could you explain what the bonding is, and who handlos that? I had some discussion with the - - is this the same as Senator -- I mean, Representative LeFlore 17  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 that came over as relate -- did you amend this to put it under the Department of Insurance?

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Brookins.

Yes. Senator Jones, khat we did, was amend ik to brlng into khe compllance with what the original bill that Bob LeFlore brought over. As you can remember, in the early portion of the Sessione we brought out an older bl1l that was not suitable , but what We did to it, was amended it, so it reads exactly like the one that was passed over originally by Bob LeFlore .

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If notz Senator -- IIm sorry. Do you wish to close, Senator Brookins? Senator Brookins. Question is, shall House Bill 1784 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted Who wish? Have a1l voked who wish? Have a11 voked who Wlsh? Have a11 voted who wksh? Have a1l voted who wfsh? Haze a11 voted who wish? Have a1l voted who wish? I'm qetting tired. Take it -- take the record. On that question, the Ayes are 30, the Nays are 26, none votkng Present. House Bill 1784, having received the required constitutional majority, is declared passed. Senator Schuneman, for what purpose do you arise?

Too late, Mr. President. Well, guess We should verify *he voee on ehat -- on thats if we may . was Erying Eo 9et your attention, Mr. President, to make a point, but if you Would, I'd like to verify the vote.

PRESIDING OFFICER: (SENATOR DEMDZIO) That is in order. I -- apologize. I did not :ee your light, if it was on.

18  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 I understand that. PRESIDING OFFICER: (SENATOR DEMUZIO) ! Al1 right. There is a verification that has been requested. Senator Schuneman has requested a verification of al1 Members who voted in the affirmative. Madam Secretary, if you would please call those Members.

The following Members voted in the affirmative: Alexander, Berman, Brookins, Carroll, Collins, Daley, D'Arco: de1 Valle, Demuzio, Thomas Dunny Geo-Karis, Hall, Holmberg, Jacobs, Jones, J .E. Joyce, J.J. Joyce, Kelly, Lechowicz, Luft, Marovitz, Netsch, Newhouse, O 'Daniel, Rea: Severns, Smithr Vadalabene, Welch and Zito.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Schunemanz do you question the presence of any Member Who vote in the affirmative? Senator Schuneman.

Jeremiah Joyce.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is Senator Jeremiah Joyce on the Floor? Senator Jeremiah Joyce on the Floor? He's -- okay, right here in front of the Podium.

Senator D'Arco.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator D'Arco's sitting in -- standing near his seak.

Senator Berman.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman on the Floor? He is at the back of the Chamber. '' SENATOR SCHUNEMAN : ..' 19  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 Senator Marovitz.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz on the Floor? Senator Marovitz on the Floor? Strike his name.

Senator Geo-Karis.

PRESIDINC OFFICER: (SENATOR DEMUZIO) Senator Geo-Karis on the Floor? Senator Geo-Karis on the Floor? Senator Geo-Karis. Do you know where she is?

I haven't seen her.

PRESIDINC OFFICER: (SENATOR DEMUZIO) Strike her name.

Thatfs it. Thank you.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. On that question, the Ayes are 28, the Nays are 26. Senator Brookins seeks postponed Senator Brookins seeks Postponed Consideration. Postponed Consideration. 2178. Senator Jones. Paqe 8. We're going to keep rolling . 2388. Senator Jacobs. Top of Page 8. 2389. Jacobs. 24 -- I'm sorry. 2543 was on the Recall List. 2685. Senator Collins. 2-6-8-5. On the Order of House Bills 3rd Reading is House Bill 2-6-8-5, Madam Secretary.

House Bill 2685. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDINC OFFICER: (SENATOR DEMUZIO) Senator Collins.

Thank you, Mr. President and Members of the Senate. House 20 ! I  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 Bill -- 2685 is the House version of the Boot Camp Bill, Which we passed out of here, which is now in the House. This bill has been amended to be identical to the Senate Bill that we passed. think we've -- 1518: and we've -- I don't know of any objections, and I would just ask for a favorable roll call. ...lmachine cutoffl...

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Is -- discussion? Eurther -- if not: question 1s, shall House Bill 2685 pass. Those in favor Will vote Aye. Those opposed, Nay. The votin: is open. Have al1 voted who Wish? No. Have all voted who Wish? Have a11 voted who Wish? Take the record. On that question, the Ayes are 58, the Nays are none, none voting Present. House Bill 2685, havinq received the required eonstitutional majority, is declared passed. A11 right. 2842 is on a subsequent Recall List. 2859. Senator Jones. House Bills 3rd Reading is House 3i1l 2859, Madam Secretary.

House Bi11 2859. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Yeah. Thank you, Mr. Presidenk and Member -- Members of the Senate. House Bill 2859 requires that a unlt of black history be required to be taught in al1 elementary and secondary schaols in the State of Illinois. The purpose of this -- this bill is to make sure that the history of the contributions that blacks and women made to this country is taught evenly throughout the State of Illinois. We can no longer continue to program our children, rather than educate them . This -- this bill will require that this unit, Which will be deeided by the local school boards, that  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 a unit be taught as to the contributions that they made to this great society. And 1'11 ask -- answer any questions anyone have as regarding this bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Discussion? If not, the question is, shall House Bill 2859 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who wish? Have al1 voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. 0n that question, the Ayes are 34, the Nays are 21, l votin: Present. House Bill 2859, having received the required constitutional majority, is declared passed. House Bill 2872. On the Order of House Bills 3rd Reading is House Bill 2-8-7-2, Madam Secretary.

House Bill 2872. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch.

Thank you, Mr. President. House Bill 2872 is fast becoming the Christmas tree for relatively technical Revenue Act proposals. And let me, if I might, briefly describe its current contents. The -- the basic bill, Which is really in Amendment No. 1, now requires the Department of Revenue to conduct a study of the use of eleckronic funds Eransfer to collecE Eaxes. As originally proposed, it would have mandated that EFT actually be used, this simply requires the Department to conduct a study and report back by March, 1991, because they need a little more time to Work out the details of it. Amendment No. 2 is the one that Was requested by the Village of 0ak Park and Senator Rock, Which deals with the Historic Preservation tax freeze -- or assessment freeze, if you 22  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 will, and allows a property, which is under the process of rehabilitation: to continue to realize that benefit even though the community has revoked its participation in the in the program, so long as that rehabilitation was under way even though the property had not yet received a certificate that allows formally to participate. That is really to take care of somebody who is relying in good faith on the program and gets caught in the middle. The third amendment incorporates two bills that were requested by the Cook County Assessor, passed khe Senate by overwhelming votes, and have been previously discussed at length. One of them was Senator Jeremiah Joyce's Senate Bill 1776, which also deals with revoking -- with the Historic Preservation process when property has been sold. The second was Senate Bill 2210, which was my bill: which corrects the references to quadrennial assessmente beeause Cook County is about to embark on a triennial assessment practice. The next amendment, Which was proposed by Senator Berman. establishes khe salary for the Director of the Office of Taxpayer Ombudsman - an office which we created, but did not provide any compensation for. And whatever our personal feelings about Dr. Mandeville, he certainly should be paid when he assumes that office. It sets that salary at sixty-nine *housand dollars. And finally, the forth amendment -- or the last amendment, which was requested by Senator Berman, is designed specifically, one must say, for Misericordia, and it allows a -- any aqency, which is not-for-profit for developmental disabilities persons, and has residents of more than three hundred a year to have a one-day-a-year fifty thousand dollar cap bingo or pull jar proqram, but no other days that year. So it is a one-time thing . Thak -- that, I believe, is the full content of this billy at the present time. When it is next seen, who knows.

PRESIDING OFFICER: (SENATOR COLLTNS) Further discussion? If not, the question is, shall House Bill 23  ! STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 2872 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the recordy Madam -- Mr. Secretary. On that question, there are 47 Ayes, 3 Nays, 9 voting Present. Having received the constitutional majority, House Bill 2872 is declared passed. House Bill 2924. Senator Friedland . Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRX) House Bill 2924. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Frîedland.

Thank you -- thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 2924 would provide that, beginning December 1st, 1990, each sheriff who operates a county jail Would received a stipend, based on the number of beds at the jail. And the briefly, the background of this bill is, as you know, several years ago, in order to relieve overcrowding in khe State penitentiaries, the Assembly enacted legislation which gave the responsibility for misdemeanor prisoners to the county sheriffs, and at that time there Was discussion on hoW to compensate them for this added responsibility. The bill 's a product of several years negotiations. The numbers are small, and we believe that it's fair, and I'd ask for your favorable support. Of course, it's supported by the sheriff's Association, and passed the Executive Committee 19 to nothing, and I'd commend it fcr your favorable support.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Discussion? If not, the question is# shall House Bill 2924 pass. Those in favor will vote Aye. 24  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Opposed, Nay. The voting is open. Have a1l voted Who wish? Have a1l voted who wish? Take the record, Mr. Secretary. On that question, there are 57 Ayes, 2 Nays, none voting Present. Having received the constitutional majority, House Bill 2924 is declared passed. House Bill 2936. Senator O 'Daniel. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRX) House Bill 2936. (Secretary reads title of bill) 3rd Readinq of the bill.

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

Thank you, Madam President and Members of the Senate. House Bill 2936 amends the Illinois Uniform Disposition of Unclaimed Property Act to preserve the patronage capital of the members of the Illinois Electric and Telephone Cooperatives. These cooperatives are locally owned, not-for-profit corporations, whëch provide electric energy and telephone service to residents of sparsely populated rural areas. And if -- if there's any questions, I'd attempt to answer them . If not, I'do..lmachine cutoffl...passage --

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Discussion? If not, the question isy shall House Bill 2936 pass. Those ln favor Will vote Aye. Opposed, Nay. The voting is open. Eave aL1 voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take the record , Mr. Secretary. On that question, there are 57 Ayes, no Nays, 1 voting Present. Having received the constitutional majority, House Bill 2936 is declared passed. House Bill 2966. Senator Newhouse. House Bill 2967. Senator Daley. Read the bill, Mr. Secretary. 25  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

ACTING SECRETARY: (MR. HARRY) House Bill 2967. (Secretary reads title of bill) 3rd Reading of tbe bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Daley.

Thank you, Madam President and Members of the Senate. House Bill 2967 would give Naperville until 1/91 to bring its impact fees ordinance into compliance with the State of Illinois. Amendment No. 1, adopted in committee: Would clarify the General Assembly's kntent that kf impaet fees had to be collected due to the impact the new development Will have on State roads, then it should be spent on State roads. Floor Amendment No . -- presented by Senator Berman yesterday, addresses a problem throughout the State. And it states that upon a judicial determination that a building has been abandoned by its ownersz and has deteriorated into a dangerous condition, a munieipality may initiate a procedure to acquire title to the property either before or after demolition. I'd be happy to answer any questlons.

PRESIDING OFPICER: (SENATOR COLLINS) Discussion? Discussion? If not, the question is, shall House Bill 2967 pass. Those in favor wëll vote Aye. Opposed: Nay. The voking is open. Have al1 voted who wish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question: there are 58 Ayes, no Nays, none votlng present. Having received the constitutional majority, House Bill 2667 <sic> is declared passed. House Bill -- at the top of Page House Bill -- House Bill 3001. Senator Schaffer. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3001. (Secretary reads title of bkll) 26  STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer.

Madam President and Members of the Senate, this is, as stated, the State Board of Elections budget. Current level of five million seven hundred and twenty-seven thousand nine hundred dollars, down some eighty-tko thousand from the House level in compliance with the bipartisan plan.

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? Discussion? If noty the question is, shall House Bill 3001 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question: there are 58 Ayesz no Nays, none voting Present. Having received the constitutional majority, House Bill 3001 is declared passed. House Bill 3019. Senator Marovitz. House Bill 3020. Senator Brookins. House Bill 3024. Senator Savickas. House Bill 3042. Senator Rock. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3042. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Rock.

Thank you, Madam Presidentg Ladies and Gentlemen of the Senate. House Bill 3042 addresses a problem with respect Lo the immunization requirements in postsecondary schools. It was brought to my attention that the community colleges are already exempt the students are already exempt from this requlrement. And that for those of us, particularly tn Chicagor that have a 27  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 large commuter population in private and public institutions has been brought to my attention that there is some serious problem with this requirement. House Bill 3042 says: plainlyz that we will now allow colleges and universities the option to exempt or not exempt commuter students from this requirement. This -- this amendment -- this proposal has met with the approval of virtually every institution of higher learning, including the University of Illinois, and most particularly, those that enjoy a qreat commuter population, like De Paul and Loyola. I understand the Department of Public Hea1th is not happy with this as a matter of fact they are, in fact, opposed - but I think a reasonable request, and I would ask for a favorable roll call.

PRESIDING OFFICER: (SEHATOR COLLINS) Discussion? Senator Topinka.

Yes. Madam -- President and Ladies and Gentlemen of of the Senate, With a11 due respect to the very fine sponsor, and what he's trying to do here, I think we should really look at this bill rather carefully. F'irst of all, I don't know Why it didn't go to the Public Health Committee, because it really, I think rightfullyz belonged there. We are now in probably one of *he greatest measles epidemics in northern Illinois that We have ever had. Not only that: it is -- it is leadin: the country in terms of setting records. This -- this is a -- a type of a -- an illness herez a disease that -- that can be accommodated by the 1aw as IE now stts. Wedve had numerous cases ln the pask Ehat have involved colleges, even those that have a commuting population, where people have died. Where Rubella has occurred. Eighty-six - thirty-seven cases reported at -- at Wesleyan Illinois University. Principia College - three deaths occurred there. That was frop measles. Considering, I mean, even as we speak to khis bill, we 're having an epidemic that -- that applies 28  STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 righ: here. T think the Department of Public Health is -- is in keeping here with whab is, indeed, best for the public in keeping the law as is. And I really think we ought to look at this and oppose this bill, at this time, and maybe rethink the proposition.

PRESIDING OFFICER: (SENATOR COLLINS) Mr. Joe Howard has request permission to photograph. Is leave granted? Leave is granted. Further discussion? Senator Raica.

Thank you, Madam President, Ladies and Gentlemen of the Senate. 1, toow have to reluctantly stand in opposition to this bill. In committee, we heard testimony regarding students that would not reside in the dormitory Would -- but would be students that commute to the colleges. The problem is, if we do something like thlss we're saying that the students that commute to these colleges are not those that carry diseases. The State of Illinois was number one in the country in 1989, and led, as far as the measle epidemic was concerned. There were three thousand two hundred confirmed cases of measles. One of the complaints were that when the students come into these colleges that they have to stand in long lines at the Board of Health to try and get their their records. And because they are either twenty-six, twenty-seven, thirty, forty years old, that some of these records are not intact. Proposals were made that, possibly, we can have people immunized by the time they are freshmen in high school. Those are a1l good ideas. But an idea to come out and say that the college can either/or accept someone who doesnlk have khe paperwork, or someone who does: is probably a bad idea. And lastly what we have to take a look at is that: What is the the legality, as far as, should an epidemic break out in a collegey a college does not or if the college does accept someone Who doesn 't have this paperwork in order, What if there is a measle epidemic, and there are cases where someone would die, perhaps of 29  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20r 1990 that illness: or that epidemic. Would that college be liable because they chose not to accept the paperwork that that student needed? And I would have to, at this point, say that think there could be some other alternatives that could be offered, but this may be the bad way to go.

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

Yes. Thank you. Senator Rock, this seems so contrary to your basic philosophical beliefs. I really have problems understanding your direction here. My son ls going to go to Bradley this next year and -- and he has not complled wieh the immuniaation requirements, and -- and, weekly, Bradley contaets us about the fact that he needs to get this done before school starts August 28th. see on the information sheet that last year a hundred and twenty-five cases of measles were reported at Bradley University. I mean, I'm concerned about this as a parent, and I think that what Bradley's doing, and the other universities are doingy and the requirement that the Department of Public Health and we have noW is really a good item, and it's something that we should maintain. And I -- I really think this is a step in the Wron: direction, and I think We ought to vote No on this.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Ralph Dunn.

Thank you, Madam Presidenty Members of *he Senate. have several of my friends over here opposing this bill, but it passed out of committee with only one I believe - one dissentins vote, and maybe one Present. The idea being that if commuter kids and commuter students in the Chicago area sixty-five thousand of them : they say, or more - if this was mandatory, they probably wouldnît be able to go to community colleges. It would eost them 30  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legkslative Day June 20, 1990 so much, they wouldnlt be able to find their immunization records from their childbood. And as I understand the schools can still require the change from ''shall'l to ''may. '' And I think it's a pretty good bill, and I'm goinq to vote for it. Thank you.

PRESIDING OFFICER: (SENATOR COLLINS) Senaeor Rock, to close. SENATOR KOCEJ Thank you, Mr. President -- Madam President and Ladies and Gentlemen of the Senate. Senator Watson, T agree with youw and that is the point of this legislation. Tf, indeed, you are a -- in a residential setelng, yes, this requirement is not at all unreasonable. What we're talking abouty however, is that khen we pass this, we specifically exempted out the community colleges, a1l two hundred and fifty thousand of those who attend community colleges, on the basis that their profile, as they are a little older, and they are commuters. And a1l I'm saying to you is there are many universities in Ehis State, including the University of Illinois, that have a large number of commuter skudents who really ought not be subjected to this, beeause the fact of the matter is: the way the 1aw reads, if they can 't come up with proof of immunization, they can't reqister. And the fact of the matter is that both De Paul and Loyola, they have, literallyy taken bus loads to the Chicago Department of Publlc Health, and say, ''We want to comply. Immunize these young people, right now.'' One: they didn't have the serum; and two, the volume Was too great. And a1l we're sayingy and I say to Senator Raiea, in a11 deference, nog there is no liability question . What we are sayin: to those commuter students is that we want to put you in the same position, the board at the University says soy youfre in the same position as those young adults, and adults who attend community colleges. This is a requirement for residential schools. and whatever Senator Topinka saidz and sat With Dr. 31  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANGCRIPT 105th Legislative Day June 20, 1990 Turnock at great length, every epidemic has happened a residential setting, not a commuter setting. I think this is a reasonable exemption and one that we ought to leave to the discretion of the Governing Boardy and I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall House Bill 3042 pass. Those in favor will vote Aye. Opposedy Nay. The voting is open. Have a1l voted Who wish? Have a11 voted Who wish? Take the record, Mr. Secretary. 0n that question: there are 38 Ayesr 18 Nays, none votin: Present. Having received the constitutional majority: House Bill 3042 is declared passed. House Bi1l 3074. Senator Weaver. I'm sorryy Senator Weaver. Senator Geo-Karis, for what purpose do you rise?

Madam President, on a point of personal privilege.

PRESIDING OPPICER: (SENATOR COLLINS) State your point.

Madam President and KemberG of the Senate, We have eight distinguished ladies and gentlemen sitting the President's Gallery retired school teachers from Lake County represented by Senator Schaffer, Senator Barkhausen, Senator Keats and yours truly. And IId like to mention their names and Welcome them here. They are Ruth Pester, Mabel Michelinski, Will Hemeyer, George Hughes, Jr., Lawrence Rouse, Roman Millery Ogden Poole and Earl Young. And I'd like you to al1 welcome my constituentsg and our colleague 's constituents here. PRESIDING OFFICER; (SENATOR COLLINS) Will our guests please rise and be Welcomed by the Senate. Welcome.

And Sorry dkdn't have the names of the other four to 32 I I j STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT . 105th Legislative Day June 20, 1990 i 1 introduce, too. Thank you so much for coming. PRESIDING OFFICER: (SENATOR COLLINS) Okay. On the Order of 3rd Reading, House Bill 3074. Senator Weaver. Read the bill, Mr. President -- Secretary. ACTING SECRETARY: (MR. HARRX) House Bill 3074. (Secretary reads title of bi1l) 3rd Readin: of the bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Weaver. SENATOR WEAVER: Thank you, Madam President. House Bill 3074 would provide sanitary districts With an alternative to issuing bonds for small sewer projects. The bill allows for persons who pay for the building of a sewer that's dedicated to a sanitary district to be reimbursed from fees made and collected from owners of property who did not contribute to the benefit. If there 's any questions, 1'11 be happy to try to answer them . Appreciate a favorable roll call. PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Discussion? If not, the question is, shall House Bi11 3774 Ksic> pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have a11 voted Who wish? Take the record, Mr. Secretary. On thak question, there are 52 Ayes, 4 Nays, 1 voting Present. Having received thê eonsEikuEional majoriky, House Bill 3074 is declared passed. House Bill 3090. Senator Watson. House Bill 3109. Senator Berman. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) House Bill 3109. lsecretary reads tïtle'o' bill) 33  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 185th Legislative Day June 20, 1990 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR COLLINS) Senakor Berman.

Thank you. House Bill 3109 requires that one unit of instruction be granted in grades nine throuqh twelve in the areas of parentkng an; family educatkon. This is a area thatz I think, each one of us recoqnizes is sorely needed for our young pdople. Many times young men and young women become parents too soon. Thjs is an important area. It's very flexkbley as faï as what the requirements Will actually be. A unit is really -- defined by each local district. I will be glad to respond to any questions.

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

Sponsor yield for a question?

PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yield. SENATOR GEO-KARISI There was an amendment made on this bill removing the word 'frelations,'' is that correct?

PRESIDING OPPICER: (SENATOR COLLINS) Senator Berman.

Yes. That was Senator Kelly 's request.

PRESIDING OFFICER: (EENATOR COLLIN:) Purther discussion? Senator Kustra.

Thank you, Mr. President and Members of the Senate. I rise in support of House Bill 3109. And I wanted to explain to the Members, especially on my side of the aisley Who might be looking at the roll call in committee and wondering why we seem to be a11 34  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 over the place on this bill. Let me just explain from my vantage point something that Senator Berman touched on briefly. The unit of iostzuction is one that is to be determined by a local school board. So thts kind of a mandate - if thatls what you want to call ik - is certatnly different from the mandates we have considered in this Chamber, and in some cases passed, which have mandated a specific and entire course. What this does is send a message across the State to school boards. that someplace in their currlculum they ought to incorporate parenting and family education. That's far different from mandating a course, and happens to be the particular reason why can support this measure. I certainly understand those of you Who still don 't believe it's our job to be sending any of these kinds of messaqes back to local school districts - I happen to think it does, and for thak reason I would urge an Aye vote.

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

Well, I guess this is a new milestone. This is an unfundedg unspecified, undefined mandate. Obviously, I think all of us Would agree that the subject matter is somethinq that we Would like the children o' Illinois to be conversant in. And noW kE you're on the school board, you have this mandate that you have to define, and if somebody's unhappy with: they can sue you on, that youlre not complying with *he law. I guess my objection is, it's another unfunded manda*e. Ik's a -- no matter how you cut it, the money isn 't here to pay for It's going to take time away from reading, writing and arithmetic, or Whatever. And on top of that, the county the school boards are going to be subject to litiqation by people who feel the unit that they have determined is either too short or too long. You know, I know that it's a tough thing to vote against, because We a11 believe that children 35  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENKTE TRANSCRIPT 105th Legislative Day June 20z 1990 ouqht to have these skills. But if itds so important, I think the school boards of this State are smart enough to do it without big brother, here in Springfield, telling them they have to do it, but not sending any money - which seems to be the hallmark of our activities in this Body, and the one across the hall.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Dudycz. SENATOR DUDYCZ; Thank you: Madam President. Senator Berman, what's the cost of tbis mandate?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman lndicates he will yield to your question. SENATOR BERMAN; There is no cost. PRESIDING OFFICER: (SENATOR COLLINS) ' Senator Dudycz. Purther discussion? Senator Geo-Karis, for the -- for the second time.

Madam President and Ladies and Gentlemen of the Senate, I speak in favor of the billy because parenting and family education, I think, are very important items to discuss. Maybe we can remove some other course that isn't as important, because wedve had loads of keenage pregnancies in this State. And I think we ought ko do something, and at least -- so we can educate our young people to the responsibilities of parentinq and family educakion ak an early age. Perbaps there'll be fewer teenage pregnancies. And I support the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Bermanz to close.

Thank youy Madam President. Ladies and Gentlemen of the Senate, part of the job that we are charged with, when we run for 36  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 office, and take our oath of office in this Chamber, is to set policy for the State of Illinois. I would respectfully suggest thak my good frkend, Senator Schaffer, is throwing around a red herring regarding lawsuits because of the length of the unit. That hasn't happened. We've required units to be utilized in the education of policy determinations in our schools before, and I'm nok aware of any litigation regarding the definition of a unit. What we are saying by this bill, is that the Ceneral Assembly thinks it's important important - to undertake the parenting and family education in ehildren in our high schools. A major portion of our budgetsy that we're going to be votinq on in the next few days, are required because of a lack of parenting and family education being taugbt in our schools. I strongly urge an Aye vote ko set State poliey with great flexibility in our school districts, but setting State policy that this is what we want our children to learn. urge an Aye vote.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall House Bkll 3109 pass . Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have a1l voted who wish? Have all voted who wish? Take the record, Mr. Seeretary. On that questiony there are 32 Ayes: 22 Nays, 3 voting Present. Having received the eonstitutional majority, House Bill 3109 is declared passed. Senator Schaffery for what purpose do you rise?

Could We have a verifleation of the positkves, please?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer has request a verification of the -- of the affirmative vote. Wi1l the Secretary please read the names of those voting in the affyrmative .

ACTING SECRETARY: (MR. HARRY) The following voted in the affirmative: Alexander, Berman, 37  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Srookins, Carroll, Collinsv Daleyz D'Arco, del Valle, Dudycz, Ralph Dunn, Pawell, Geo-Karis, Hall, Holmberg, Jacobs, Jonesz J.E. Joyce, Kelly, Kustraz Lechowicz: Luft, Macdonald, Marovitz, Netsch, Newhouse, O 'Daniel, Raica, Severns, Smith, Vadalabene, Zito and Mr. President.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer, do you question the presence of any Member votkng kn the affirmatkve?

Senator Zito.

PRESIDING OFFICER: (SENATOR COLLINS) Is Senator Zlto on the Floor? Senator Zito is in his seat.

Jeremiah Joyce.

PRESIDING OFPICER: (SENATOR COLLINS) Is Senator Jeremiah Joyce on the Floor? Senator Joyce on the Floor? Strike his name, Mr. President <sic>.

Senator Marovitz.

PRESIDINC OFFICER: (SENATOR COLLINS) Is Senator Marovitz on the Floor? Senator Marovitz is at the back of the Chamber.

Senator Severns on the Floor? Yes, I see her.

PRESIDING OFFICER: (SENATOR COLLINS) Senator severns is riqht in the aisle.

Senator Rea. Pardon me -- pardon me. Senator Luft.

PRESIDING OFPICER: (SENATOR COLLINS) Is Senator Luft on the Floor? Senator Luft is in the back of the Chamber.

38  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 105th Legislative Day June 20# 1990 That's all.

PRESIDING OFFICER: (SENATOR COLLINS) The roll has been verified, and the Ayes are -- I mean, 31, 22 voting Present 22 voting Negative, and 3 voting Present. Having received the constitutional majority, House Bill 3109 is declared passed. House Bl1l 3131 was on the Recall. House Bill 3136 is on the next Recall. House Bill 3133 <sic>. Senator Carroll. Senator Carroll. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3143. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Carroll.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is the ordinary and contingent expenses for the operation of the third branch of government. With the cooperation of the Office of the Courts for thê Supreme, Appellate and Circuit Court Systems, we have been able to reduce their budget to within the bipartisan Senate guideline at some 7.4 million below the introduced level a reduction of 4.1 percent, appropriatin: approximately a hundred and seventy-three million seven. I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Discussion? If not, the question 1s' shall House Bill 3134 <sic> pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there are 54 Ayes, no Nays, 2 voting Present. Havin: received the constitutional majority, House Bill 3143 is declared passed. At the top of the Page l0# House Bill 3146. Senator 39  STATZ OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 Welch. Read the bill, Mr. Secretary.

ACTING SECRETARV: (MR. NAKRX) House Bill 3146. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch .

Thank you, Madam President. This blll does two things. Number one. it extends the eligibility for receiving veteran scholarships from six months to eighteen months, for those veterans returning to the Skate of Illinois. The second thing it does is provide a -- provide for the State to authorize a supplementary payment to school districts in Franklin County, who were impacted because of -- effect of the EAV formula for coal. I'd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR COLLTNS) Discussion? If not, the question is, shall House Bill 3146 pass. Those in ravor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted Who wish? Take the record, Mr. Secretary. On that question: there are 59 Ayes, no Nays, none voting Present. Having received the constitutional majority, House Bill 3146 is declared passed. House Bill 3152. Senator Jacobs. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bil1 3152. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDTNG OFFTCER: (SENATOR COLLINS) Senator Jacobs.

Thank you, Madam Chairmany Ladies and Gentlemen of the Senate. 40  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 House Bill 3152, as amended, strictly seeks to modify and clarify the sales tax exemption already provided for manufacturing in an enterprise zone, and includes the process of graphic arts produetion into the process, and adds seven new additional enterprise zones. know of no known opposition. Be glad to answer any questions.

PRESIDING OFPICER: (SENATOR COLLINS) Discussion? Senator Woodyard.

Thank you, Madam President: Members of the Senate. Would the sponsor yield?

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

Senator Jacobsz for a matter of clarification, and eertainly to establish legislative intent, have two queskions.

PRESIDING OFFIPER: (SENATOR COLLINS) Senator Jaeobs.

Next bill. Go ahead.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Jaeobs.

Thank you. The -- the leqislative intent in this bill is clear. I tbink the next bill that we have to establish some legislative intent, at the request of the Department of Revenue.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is: shall House Bill pass -- 3153 Ksic> pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted Who Wish? Have al1 voted who wish? Take the record, Mr. Secretary. On that question, there are 59 Ayes' no Nays, none voting Present. Having 41  STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 received the constitutlonal majority, House Bill 3153 is declared - - 52 is declared passed. I'm sorry. Hcuse B1ll 3153. Senator Jacobs. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3153. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs.

Thank you, Madam Chairman. Again, this bill strictly is some cleanup, in regards to some problems welve had in the service use and the -- the sales tax of the personal property used in fulfilling maintenance agreements. And it addresses that probleme as well as takes care of a specific problem that is -- is being -- had some problems in Joliet, and that's on this bill also. I know of no known opposition to this one, either.

PRESIDING OPFICER: (SENATOR COLLINS) Discussion? Senator Woodyard.

Thank you, Madam President and Members of the Senate. And do apologize, Senator Jacobs, on the previous bill. But we do need to establish legislative intent and clarification With the two questions; what is the intent of the legislation, and will extended service contracts, or maintenance service agreements, be taxed?

PRESIDING OPFICER: (SENATOR COLLTNS) Senator -- Senator Jacobs.

Thank you, Senator Woodyard. Yes. This legislation seeks relief in the Department of Revenue's ruling that sales tax be applied to the maintenance service agreements. Passage of thls 42  STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 legislation will keep the tax on tangible personal property tax property transferred by serviee persons. And then as far as will the extended service contraets of maintenance servîce agreements be taxed, the tax will not be assessed on the extended service contraet or maintenance agreement policy itself, but on the personal property transferred by the service person. And since tax liability cannot be determined, or or even reasonably estimated when a service of maintenance agreement has begun, the tax on tangible personal property to be used should be paid by the service provider to their vendor. It was never the intent of the General Assembly during sales tax reform to tax a service or maintenance policy itself, but to keep the tax on personal property transferred by a service person.

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

Thank you, Madam President. My remarks are addressed to the first part of the bill, not to the amendment that was offered subsequently the -- the basic bill. And I think -- it's not entirely fair to say, Senator Jacobs, that there is no controversy at all about it. At initial blush, it looked okay - it looked like just another clarification of the changes that we had brought about in enactin: the sales tax reform legislation. But on second khought and second reflection, some of us realize that what is now happening, and is not just in this billz it's in several othersg is that the attempt to make a rational tax out of the Service Occupation Tax, and to Eit it into the reformed sales tax structure, is slowly being whittled away. We did it with respect to two groups last year. This is another one, and there is still another one to come this year that is probably going to pass, I must admit. I should point out that as a result of that, Senator Rigney and I have written to the Director of the Department of 43  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Revenue: and asked tbat there be convened a Working task force on this very subject, so that we can try to :et some order before we totally destroy the -- the efforts that we made to both, clarify and and strengthen, if you Will, the taxing of What *e Would call services - that is it's not a service tax, but those thinqs that are -- are transferred as part of a service arrangement. And what worries me about this one, is that as we looked at it subsequently, I think this is a major gap, and a major breakthrough in undoin: that kind of attempt that We were making. So, it's -- I realize it's going to pass. And I reallze We let it get too far, Without realizing its long-range implication, but want to make that point, 'cause I think is very important. And before we totally destroy this tax, We're going to have to stop and take a look at it. And for that reasonz I Will not be supporting your bill today.

PRESIDING OPFICER: (SENATOR COLLINS) Further discussion? END OF TAPE TAPE

PRESIDING OPFICER: (SENATOR COLLINS) Senator Karpiel.

Thank youz Madam President. Will the sponsor yield, please?

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

Senator, ln my analysis ehere are four municipalities in Dupage County that are listed as opponents to the bill. Has their 44  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th begislative Day June 2O# 1990 problems been taken care of with the amendment - do you know?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs.

The the number -- the members that you mentioned were at the committee meeting. told them they had any problemsz or any further discussion to get a hold of me. To this datez I have not received any -- any further communication from them. So. whether they are still opposed or not -- What their concern Was I can tell you what their concern was. Thetr concern was that that it could, in faet, decrease the amount of -- of sales tax they may receive. Howeverr most cases, thatfs not goinq to be the case. But, you know, it's a fear that most municipalities would have at the upseart. But I have heard no -- no question since that time.

PRESIDING OFFICER: (SENATOR COLLINS) Senakor Karplel.

Would that affect home rule communities more than any others?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs.

Not to my knoWledge. It shouldnlt make any difference one way or another. What this really amounts to -- excuse me. Go ahead, Senator.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Harpiel.

a. . they reconciled that the -- in November or the followin: year or something, they 9et --

It's - it's not my... 45  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20z 1990

There was a lag. For hone rule communities there was a lage understand. But youdve taken care of that now, haven't you?

That is beinq taken care of, yes. The lag is beinq taken care of by -- by Senator Dunn's amendment.

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

Thank you, Madam President, Members of the Senate. I rise in strong support of this bill, as amended. In response to Senator Karpiel, for home rule communities I do knowy at least being advised by mayor my mayor, Decatur Mayor Gary Anderson: that the speed up collection will mean that home rule communities at least receive those payments probably as much as four months earlier than what they receive them now. For that reason alone, plan to support this bill, and hope that everybody casts a green light. Thank you.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Ri:ney .

Well, Madam President, think what's at stake here - we try to boil it down so everyone can understand What we are talking about - it just depends on whether you want to tax this at the purchase price of the item as comes from the manufacturer, or it you want to -- Illinois wants to collect 1ks *ax on the retail park. Now, you know, let's be honest about it. What wefre talking about here is giving some tax relief, aqain, through kind of a backdoor method, where wedd no longer be concerned about taxinq on the retail price on these maintenance agreements. So thak's kind of what's at stake here. And in this type of a year, do We Want to give away any of our taxins power any of our 46  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20: 1990 money to this type of an arrangement?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Netsch, for the second tlme.

Yes. Thank you. I -- I just wanted clarify one thing. Remember, there are two parts to this bill now. The first partr which was the original proposal as it went through committee, Senator Jacobs' bill. Andz Senator Karpiel, at that time the Municipal League opposed the bill, and a -- some individual municipalities, I believe, also signed in against it for the very reason that Senator Rigney has pointed out. It i: goin: to cost them something. The amount is totally undetermined. We have no way of measuring that. But it does change the structure of taxin: certain types of service transactions, and it will have a revenue impact. That is why they opposed it. The second part of the bill, which is the part that Senator Severns just referred to, was added by amendment on the Floor. And I think there the home rule communities would be very supportive, because it takes care of a problem that they would otherwise have as we go through the transition on the collection by the State of their home rule sales tax money. So, you know, you have two different components to this. One, the municipalities would - many of them - oppose. The second, the home rule municipalities would presumably support. PRESIDING OFFICER; (SENATOR COLLINS) Further discussion? Senator Geo-Karis.

Madam President, Ladies and Gentlemen of the Senate, I may have a conflict of interest on this bill, and others until the end of this Session. And I just Want to declare lt now. And I plan to vote my conscience. PRSSIDING OFFICER; (SENATOR COLLINS) Senator Jacobs, to close. 47  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Thank you, Madam President. You know, there's Ewo questions that really have to be answered in this bill, and that's all. And one is# in this particular case, Who is the end user. And it's my - - my opinion whenever you buy the productz you become the end user. And secondly, and perhaps more -- more importantly, itls a matter of Faùrness Doctrkne. Why should you have to pay fifty percent of a service agreement whenever maybe your -- your parts only amount to ten percent of what you are using in that service agreement. know, and one of the problems that exist, is I had a problem in my area of a hospital supply company that got hit with this same type of rulin: from the Department of Revenue, and they now are out of business. And I think that's something that we cannot allow our Deeres, and our Caterpillars, and our Case, tentacles to do. And I ask for your support.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall House Bill 3153 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wish? Have a11 voted who Wish? Take the record, Mr. Secretary. On that question, there are 54 Ayes, Nays, voting Present. Having received the canstitutional majority, House Bill 3153 is declared passed. House Bill 3161 wil1 be on the next Recall List. House Bill 3167, the same Recall List. House Bill 3171. Senator Carroll. Read the bill: Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3171. (Secretary reads title of bill) 3rd Readin: of the bikl.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Carroll.

Thank you, Mr. President. Ladies and Gentlemen of the Senate 48  STATE OF ILLINOIS 86th GEHERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 t - Senator Netsch, in particular - this is the ordinary and j contingent expenses of the Office of the Comptroller. It -- in working with that office, we have reduced the budget some ten I million dollars, or eighteen percent under the budget book level as introduced, applying the bipartisan Senate guidelines. I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Discussion? If not, the question is, shall House Bill 3171 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who Wish? Have a11 voted who wish? Have all voted who wish? Take the record, Mra Secretary. On that question, there are 51 Ayes, 3 Nays, none voting Present. Having received a constitutional majority, House 3i11 3171 is declared passed. House Bill 3183. Senator Welch. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HAQRY) House Bill 3183. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch.

Thank you, Mr. -- Madam President. What this bill before us - 3183 - will do is require that newspapers start doing something to help the environment, instead of just writing editorials about how -- how all Ehe rest of us should do something about ik. What the bill requires is that newsprint used by newspapers published in the State of Iltinois contain an average recyele fiber content of twenty-two percent by January lst of 1991, twenty-five percent by January 1st of 1992, and twenty-eight percent by January 1st of 1993. The newspaper must certify, annually, to the Department of Energy and Environment, by March lst of each year, the amount of 49  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 newsprint used, and the amount of recycled fiber content used. They shall calcukate that percentage of recycled content and submit it to the General Assembly, annually, by May lstz so that we can see if the newspapers are complying with this Statute. The Department of Energy and Natural Resources can audit the newspapers to determine if they are complying, and if they are being truthful, as to how much recycled newsprint they are actual using. A list of al1 the suppliers of newsprint must be compiled and al1 newspapers that are going to be regulated under the Act. Quality standards for a1l grades of newsprint is going to be set by ENR. And the comparable quality of recycled newsprint to virgin newsprint is also going to be studied by that Department. The standards that we set Will to be reviewed every tWo years, and updated as we need to update them . After --

PRESIDING OFFICER: (SENATOR COLLINS) Discussion?

After January 1st of 1992, the Department of Energy and Natural Resources shall conduct a survey of the paper industry to assess the availability or quality and market for a11 recycled paper. Anyone who is a supplier Who provides a false certificate as to the recycled content of paper is subject to prosecution for fraud. An amendment that we added to this bill provides that a study be done by the same Department of Energy and Natural Resources, concerning the feasibility of waste oi1 collection and disposal within the State of Illinois and define problems. I'd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka.

Yes. Madam President, have a question of the sponsor, may. 50  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990

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

There was some concern brought forward by the Illinois Press Association, when this first came upz that there might not be an adequate supply and flow of recyeled newsprint, so that a daily paper, or a three-time-a-week, or whatever you haver that needs to have some continuum in the flow of the production of this newspaper, that they might be able to function. Have you solved that problem with the IPA? mean, can you guarantee that a newspaper in general circulation is going to have the availability of paper to be able to conduct its business and just get outz you know: the daily rag?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch.

The original bill would have set standards all the way up to 1995. That was a major objection of the Illinois Press Association, beeause the standards kept getting tougher as We Went to later years, such as 1995. What we did was we reduced the impact of the bill to 1992. The Illinois Press Association has withdrawn their opposition. They are now neutral on the bill. And what we have also included in the bill, to take care of the situation as to whether there is adequate supply of recycled newsprint - a clause in the bill says the department shall review its standards at least once every two years, and determine Whether they should be adjusted to reflect chanqes in industry standards and practicesg and so# the Department shall set new standards. The thought being that the Department will advise us as to whether there is sufficient paper available.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka. 51  STATZ OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Just one other question, though. mean, if this problem becomes imminent, and cannct wait for the two-year study for review , and, you know, to see if this is doable, does this leave the newspapers in a catch-22 situation, wherey literally: they might not be able to get production out? I mean, that is, think, of concern, and should be of concern to a1l of us here.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Welch.

The newspaper industry, right now, is pretty close to meeting the standards. So this really isn't a new burden imposed upon them . They are -- they agree that they can meet these standards.

PRESIDING OPFICER: (SZNATOR COLLINS) Eurther discussion? Senator Welch, to close.

Madam President: I'd like to say that this bill is a -- one of the feW environmental bills We've been able to :et out for a vcte this year. Many of the others ones have been stuck in committee, or are still being neqotiated. This is a good opportunity for a1l of us to cast a vote for recyeling, for keeping newsprint out of landfills - at least for a while - and try to do something about the crisis we have in the environmental community at this time. Would urge an Aye vote.

PRESIDING OFFICER: (SENATOR COLLINS) The questlon is, shall House Bill 3183 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Have al1 voted who wish? Take the record, Mr. Secretary. On that question, there are Ayes, no Nays, none voting Present. Having received a constitutional majority, House Bill 3183 is declared passed. House Bill 3196. Senator Vadalabene. Read the bill, Mr. 52  STATE 0F ILLINOIS 86tR hEGE UN LA ERAL SEA SSS IE OM NBLY j SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3196. (Secretary reads title of bi11) 3rd Readin: of the bill.

PRESIDING OFPICER: (SENATOR COLLINS) Senator Vadalabene.

ïes. Thank you, Mr. Madam President and Members of the Senate. House Bill 3196 - this legislation Would direct the Director of Department of Mental Health to convey: by quitclaim deed, to the Bethalto Community School District 8, a11 of the State's rights, title and interest in a seventy-two acre parcel upon payment, includin: a release from the requirement that the land be used for a public purpose of school purposes. Bethalto has now determined that *he seventy-two acres are no longer needed for school purposes. Moreover, as one of the districts on the Stake Board of Education's financial watch liste the district would like to be able to sell this unneeded property. And I would appreciate a favorable vote.

Discussion? Any discussion? If noty the question is, shall House Bill 3196 pass. Those in favorw vote Aye. Opposedw vote Nay. And the votinq is open. A1l voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 4: Ayes: 5 Nays, none voting Present. House Bill 3196, having received the required constitutional majority, is declared passed. 3197. Senator Savickas. 3202. Senator Dunn. I1m sorry, Senator Dunn, it was on the Recall List, I've just been informed. 3228. Senator Jones. Read the bill, Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRY) 53  STATE OF ILLINOIS 86th GENERAL ASSEMBLY 1 ! REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 House Bill 3228. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Jones.

Yeah. Thank youy Mr. President and Members of the Senate. House Bill 3228 is a pension vehicle bill. It doesn't do anything at this particular time, but we will be negotiating in conference on what will go into the bill. And that's al1 it does, just a pension vehicle -- vehicle bill. Ask for a favorable vote.

Discussion? Is there any discussion? If not, the question is, shall House B:ll 3228 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wlsh? Have all voted who Wish? Have a1l voted Who wish? Take the record. On that question, there are 47 Ayesr 3 Nays: 8 voting Present. House Bill 3228, having received the required constitutional majority, is declared passed. 3231. Senator Demuzio. Read the bill, please. 3-2-3-1.

ACTING SECRETARY: (MR. HARRY) House Bill 3231. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Demuzio.

Thank you, Mr. President. House Bill 3231 was on the Recall List this morninq, but there was an amendment to be offereds and I WlthdreW that amendment. This is the appropriation for the Auditor General. It's Within the Senate guidelines. And I would ask for your support. 54  l STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Discussion? Any discussion? If not, the question is, shall House Bill 3231 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have a1l voted who Wish? Have all voted Who wish? Have all voted Who Wish? Take the record. On that question, there are 58 Ayese l Nay, none voting Present. House Bill 3231, havin: received the required constitutional majority, is declared passed . 3264. Senator Carroll. Read the bill, Madam Secretary, please.

House Bill 3264. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the ordinary and contingent expenses for the Office of the Staee Treasurer, which, as with the other constitueional offlcers, is in line with the blpartisan guideline. And I Would ask for a favorable roll call - appropriating twelve million one hundred fifty-four thousand.

Discussion? Any discusslon? If notw the question is, shall House Bill 3264 pass. Those in favor will vote Aye. Opposed, vote Nay. The voEing's open. Al1 voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 57 Ayes, no Naysy none voting Present. House Bill 3264, having received the required constitutional majority, is declared passed . Top of Page 1l. 3271. Senator Hall. Read the bill, Madam Secretary, please.

55  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legkslative Day June 20, 1990 House Bill 3271. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Hall.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is merely a -- a one-dollar bill, and it's a vehicle bill. So, therefore, I move for -- ask for favorable support of this. 3271.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, the questlon is, shall House Bill 3271 pass. Tbose in favor, vote Aye. Opposed, vote Nay . The voting is open. Have a11 voted Who Wished? Have al1 voted who wish? Have a1l 'voted who Wish? Take the record, please, Madam Secretary. 0n the questionr the Ayes are 58, the Nays are none, none votin: Present. And House Bill 3271, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is House Bill 3272. Senator Hall. Read the bill, pleasee Madam Seeretary. I'm sorry. Out of the record. House Bill 3273 was on the Order -- it's on the next Recall List. We lll move to House Bill 3288. Senator Kelly . Ou* of the record. House Bill 3310. Senator Fawell. Senator Fawell. 3310. 3318. Senaeor Smith. 3310. Senator Pawell. Read the bill, please, Madam Secretary.

House Bill 3310. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Pawell.

56  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Thank you very much. This has become a little bit of a Christmas tree. The original bill was the tax levy for the forest preserve of Dupage and for Cook. It -- there 's a couple of amendments added to it. 0ne was the -- that the peace officers, Which are the forest rangers, will be able to control the territory that is owned, leased, or licensed by the district, and the property over which the district has easement rights. Once they get out of the forest preserve, however, they must adhere to the wishes of the police, or of tbe munieipalityr or the sheriff. And, then there were -- there was an amendment added by Representative Steczo, and this one was the amendment that was a teehnical cleanup for the fire district -- for their levy. If khere 's any questions, 1611 be happy to answer --

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

Okay. I'm trying to follow all this in looking at the amendments. And I -- I got tWo or three questions. The first one, it does appear that this does allow for a increase in levyinq powers that's what one of our explanations says, is that correct?

PRESIDING OFFICER: (SENATOR LUFT) Senator Pawell.

No. I -- took that out.

PRESIDING OFFICER: (SENATOR LUFT) Senator Keats.

That -- that isn't what ours says. If you look at Amendment No. 1, that corrects what would have been in the original bill, still says this is an additional power. That's What our Amendment l says. Could you look at the same thing I'm looking at. ...if  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legtslative Day June 20, 1990 you would differ with that answer.

PRESIDING OFFICER: (SENATOR LUPT) Senator Fawell.

If you look at Amendment 1, the last -- the last sentence says ''this amendment removes any possibility that the bill could allow for a tax increase.'' I removed that.

PRESIDING OFFICER: (SENATOR LUFT) Purther discussion?

That language.

PRESIDING OFFICER: (SENATOR LUFT) Senator Keats.

The next one has to do kith the forest preserve police. Does it -- does this apply to Cook County.

PRESIDING OFFICER: (SENATOR LUFT) Senator Fawell.

The -- the problem that we've had in -- and, no, it's a Dupage amendment - the problem that wedve had in -- in Dupage is that part of our forest preserve are in the municipalities. And, under Ehe present law, the forest preserve rangers only had authority in ehe county. The kids, particularly in Downers Grove, found out where the -- the line was in Downers Grove. And they were sitting on the Downers Grove portion of the forest preserve and being obnoxious. And the forest preserve rangers couldn't do anything, because they -- they didn't have the authority. NoW they have the authority for the entire forest preserve land. PRESIDING OFFICER: (SENATOR LUFT). Senator Keats.

58  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105kh Legislative Day June 20, 1990 Okay. Back to the first line. The pare your saying, understand. The first line of that same amendnent - Amendment No. 2 - and at *he bottom, it says -- Amendment No. 2 provides that -- that forest districts shall appoint peace officers, et cetera. Now that sets up a separate police force. Again, now I'm stressing is this Dupage only? Because what you -- that was your answer, but I find nothing that tells me that it's a Dupase only. And I -- if this applies to Cooky to me that's a very major provision.

PRESIDING OFFICZR: (SENATOR LUFT) Senator Fawell.

What I have been told is that your forest preserve is under another section in the Statutes.

PRESIDING OFFICER: (SENATOR LUFT) Senator Keats.

But our forest preserve police aren't.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Keats, is that a question?

Yeah. I -- I hate to do this to a fellow Senator. But could we pull this out of the record long enough to qet the staff to clarify, 'cause this is a big issue.

PRESIDING OFFICER: (SENATOR LUFT) Take the bill out of *he reeord. On the middle of Page on the Order of 3rd Reading is House Bill 3318. Senator Smith. Out of the record. Senate -- House Bill 3325. Senator Maitland . Senator Maitland. House Bill 3326. Senator Keats. Out of the record . House Bill 3330 and House Bill 3337 were on the Recall List. At the bottom of Page 1l, on House Bills 3rd Readinq is House Bill 3338. Senator Maitland. Read the bill, please, Madam 59  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Secretary.

House Bill 3338. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. House Bill 3338 does contain the OC2 of the Department of Public Health and the Governor's Council on Hea1th and Physical Eitness. Department of Public Health is -- stands at three hundred and two million dollars eight hundred and fifty-nine thousand. And the Governor's Couneil on Hea1th and Physical Pitness stands at eight hundred and fifteen thousand six hundred dollars.

PRESIDING OEEICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is, shall House Bill 3338 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted Who Wish? Have a11 voted who Wish? Have a1l voted Who Wish? Take the record, please, Madam Secretary. On that question, the Ayes are 59, the Nays are none, none votin: Present. And House bill 3338, having recelved the required conskltutional majority, is declared passed. Page l2. Top of Page 12. On the Order of House Bills 3rd Reading is House Bill 3-3-3-9. Senator Etheredge. Read the bill, please, Madam secretary. SECRETARY HAWKER; House Bill 3339. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Etheredge. 60  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legkslative Day June 20, 1990

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the appropriations bill for the Comprehensive Hea1th Insurance Plan. It is in the amount of eighteen million seven hundred and ninety-nine thousand two hundred dollars. I move for its adoption.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is, shall House Bill 3339 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who wished? Have all voted Who wish? Have a1l voted who wished? Take the record, please, Madam Secretary. On that questlon, ehe Ayes are 58# the Nays are none, none votin: Present. And House Bill 3339: havinq received the required constitutional majorityy is declared passed. On the Order of 3rd Reading is House Bill 3340. Senator Hawkinson. Read the bill, please, Madam Secretary.

House Bill 3340. (Secretary reads title of bll1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Hawkinson.

Thank you, Mr. President. This bill contains the annual appropriation for the Health Care Cost Containment Council. It's within *he senate guidelines. And I would ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is, shall House Bill 3340 pass. Those in favory vote Aye. Opposed, vote Nay. The votinq is open. Have a1l voted who wished? Have all voted who wished? Have a11 voted who wished? Take the record, please, 61  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislatlve Day June 20r 1990 Madam Secretary. On the question, the Ayes are 56, the Nays are 1, none voting Present. And House Bill 3340, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is House Bill 3341. Senator Maitland. Read the bill, please, Madam Secretary.

House Bill 3341. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LDFT) Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. House Bi1l 3341 does eontain the OCE for the Department of Public Aid for FX'9l. It now stands at four billion two hundred and kwenty-one million one hundred and eighteen thousand.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? If not, the question isw shall House Bi1l 3341 pass. Those in favor will vote Aye. Opposedy vote Nay. The voting is open. Have al1 voted who wished? Have all voted who Wished? A11 voted Who Wished? Take the record, please, Madam Secretary. On the question, the Ayes are 58, the Nays are none, none vottng Present. House Bill 3341: having received the required constitutional majority, is declared passed. 0n the Order of House Bills 3rd Reading is House Bill 3342. Senator Schaffer. Read khe bill, please, Madam Seeretary.

House Bill 3342. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Schaffer. 62  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Mr. President and Members of the Senate: the Department of Mental Health's budget at nine hundred and fifteen million four hundred thousand eight hundred - down some seventeen nillion from the level it arrived from the House, but in compliance with our program. And might add, no longer funded through the Amnesty Program, but funded through normal GRF sources.

PRESIDING OFFICER: (SENATOR LUFT) 'Dîscussion? If not, the question is, shall House Bill 3342 pass. Those in favor will vote Aye. Opposede vote Nay. The voting is open. Have all voted who wished? Have al1 voted who Wished? Have a11 voted who wished? Take the record, please, Madam Secretary. On that question, the Ayes are 59, the Nays are none, none votin: Present. And House Bill 3342, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is House Bill 3343. Senator Raica. Read the billz please, Madam Secretary.

House Bill 3343. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFTCER: (SENATOR LUFT) Senator Raica .

Mr. President and Ladies and Gentlemen of the Senate, House Bil1 3343 appropriates the 0CE for the Medical Center Commisslon for Fiscal Year 1991. Senate Amendment No. 1 reduced GRF by some twenty-four hundred dollars - current level's at nine hundred sixty-nine thousand one hundred dollars. And I just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? If not, the question is# shall House Bill 3344 63  STATE OF TLLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20w 1990 <sic> pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wished? Have al1 voted who wished? Have al1 voted who wished? Take the record, pleasey Madam Secretary. On the question, the Ayes are 59, the Nays are none, none voting Present. House Bill 3344 Ksic>y having received the required the constitutional majority, is declared passed. o.. tmachine cutoffl... Okay. On the Order of House Bills 3rd Readin: is House Bill 3344. Senator Maitland. Read Lhe billy please, Madam Secretary.

House Bill 3344. (Seeretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Maitland.

Thank you very much, Mr. Pre4ident and Members of the Senate. House Bill 3344 does contain the PYf91 appropriation for *he Department on Aging. It stands at one hundred fifty one million four hundred and ninety-four thousand - down some thirteen million from the House.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? If not, the question is, shall House Bill 3344 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who kished? Have a11 voted Who wished? Have all voted who wished? Take the record, please, Madam Secretary. On the question, the Ayes are 59z the Nays are none, none voting Present. House Bill 3344, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, House Bill 3386. Senator Savickas. Out of the record. House Bill 3390. Senator Karpiel. Read khe bill, pleasey Madam Secretary. 64  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

House Bill 3390. (Secretary reads title of bill) 3rd Reading of khe bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Karpiel.

Thank you, Mr. President. House Bill 3390 amends the Corridors of Opportunity and Development Act to allow DCCA to use up to eight percentz rather than the present five percent, of appropriations for administrative expenses. When the Corridor -- when this program was introduced, eight corrldors were established. Since that time the number of corridors has increased to twenty-two. Thus, the Department feels they need more administratlve expenses to allow for the increase in trainlng activities, attract staff, coordinate joint industrial activities, etc. There is also an amendment -- committee amendment, which adds that -- that's not it. I'm sorry. It also added -- Senate Amendment No. 1 added an additional wild card enterprise zone. And it also extended -- it also -- Senate Amendment 2 extended the sunset for the Inter-Agency Services Fund for tWo years.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is, shall House Bill 3390 pass. Sorry. I'm sorry. Senator Demuzio.

I first of all. I'd like to know, Senator, I enjoyed the explanation of this bill. I'd -- I1d like to know why we are increasing the administrative cost, although I think you covered part of that. Can you tell usy in terms of revenuez how much that amounts to increased administrative eosts?

PRESIDING OFPICER: (SENATOR LDFT) Senator Earpiel. 65  STATE OF ILLINOIS 86th CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20e 1990

And also -- eould you also tell us - why weîre extendin: the Gunset?

PRESIDING OFFICER: (SENATOR LUFT) Senator Karpiel.

Well: I don't have a figure on hoW much the difference between khe five percent and the eight percent would be. don't believe wedre increasing the cost. I think theydre just going to be using more for administrative costs.

PRESIDING OPFICER: (SENATOR LUFT) Senator Demuzio.

How many new positions does it fund?

PRESIDING OFFICER: (SENATOR LUFT) Senator Karpiel.

don't know thae it funds any more positions at all. Itfs jusk since the corridors have increased from eight to twenty-two over the last four years, they need more money to administer the programs.

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

Tell me about the sunset. Why are we extending the sunset by two years?

PRESIDING OFFICER: (SENATOR LUPT) Senator Karpiel.

Because we always do that. If could find the proper amendment, I would help you out bere. It's been -- it's been extended every -- every tWo years for the last ten years. They 66  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 have to have -- the federal monies have to be put in this par*icular fund. And for some reason, instead of just making it a permanent fund, it's -- it's always sunsetted in two years. and then we extend the sunset every two years. And this is just doing that. And frankly, Senator, I don't know if tbere's a eonspiracy here, but I Was off the Floor ln a meeting, and I come back on the Eloor and I have more diskractions over here to try to -- and trying to answer your questions. I'm sorry I can't be more definite.

PRESIDING OFFICER: (SENATOR LUFT) Senator Demuzio.

Probably because itds such a bad billy they don't want you to get too confused when you present this bill. It's probably the rationale. I --

PRESIDING OFFICER: (SENATOR LUFT) Further --

I finally found the explanation now for the -- for the -- for the sunset provision. Since we always do it I know ie just extends - so since we always do it, I don't know Why ke -- why we have sunset in the first place.

PRESIDING OFFICER: (SENATQR LDFT) Further discussion? Senator Carroll.

Because thank you, Mr. President, Ladies and GenElemen of the Senate. would think, also, we would not want to extend this long, at this tkme. You've got the ability to play with these funds without bringing them back to the General Assembly. don't think that would be what a General Assembly would Wantw no matter who wins tbe Governor's Office. It will be a new occupant in that office. And I think the - no matter you like that 67  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 better, huh? No matter who wins the Office of the Governor: think the General Assembly Would want to know Where the priorities of spendinq are. And to allow a unforeseen or unknown to the General Assembly transfer of funds, I don 't happen to think it's a good idea. I believe we should keep it on a very short leash, so that priorities can be as set by joint action of a Chief Executive and the requisite votes of the General Assembly. I do not think we should be passing this legislation to -- to allow this to continue that long when we have a new Chief Executive coming in. And I would urge opposition to the bill.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? Senator Karpiel, to close.

All right. Thank you, Mr. President. I always hesitate to bore the -- the Body with long explanations of things that are really not a11 that technical. But, I will read the explanation of ehis amendment. ''General statutory authorities having requirements applicable to a11 agencies, offices and boards that adminisker federal funds relating to collecting and depositing indirect cost recoveries from such federal funds'' -- are spelled out in Chapter 127, Paragraph 122. That's - C - that Section requires the attempt to collect a11 such applicable recoveries from the State from federal funds, and requires deposits of recoveries into the fund that originally financed the cost. In the case of DCCA, the Statutes authorizes such costs to be financed from the Inter-Agency Services Fundy and also directs the deposit of recoveries of such costs from federal dollars back into this Eund. Such authority has always been created in laws, subject to a date certain expiration. The authority has been renewed and date extended three tîmes since 1983. The current end date for the authority is September 1990. The amended -- 68  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 amendment extends the authority for another two fiscal years. If we do not pass this bill with this amendment on they do not have this Fund in which to put the cost recoveries - the federal monies. This is not taking anymore money; asking for anymore money; costing anymore money. This bill was passed unanimously in the House. It was passed out of committee unanimously, I believe. And I ask for your Aye vote.

PRESIDING OFFICER: (SENATOR LUPT) The question is, shall House Bill 3390 pass. Those in favor Will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wish? Have all voted who wished? Last time. Have all voted who wish? Take the record, please, Madam Secretary. On that question, the Ayes are 30, the Nays are 27g none voting Present. House Bill 3390, havin: received the required constitutional majority, is deelared passed. Senator Carroll, for What purpose do you seek recognition?

To request verification of tbe affirmative votes.

PRESIDING OFFICER: (SENATOR LUFT) Senator Carrollfs requested a verification. Al1 Senators please be in their seats. And will the Secretary please read the affirmative votes.

The following Members voted in the affirmative: Alexander, Barkhausen: Brookins, Collins, Davidson, DeAngells, Donahuey Dudycze Ralph Dunn, Etheredqe, Fawell, Priedland, Geo-Rarls, Hawkinson, Hudson, Karpiel, Keats, Kustrae MacDonald, Madigan, Mahar, Maitland, Philip, Raica, Rlgney, Schaffer, Schuneman, Watson, Weaver and Woodyard. PRESIDING OFFICER; (SENATOR LUFT) Senator Carroll, do you have any questions of the Members?

69  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Yes. Senator Brookins.

PRESIDING OFFICER: (SENATOR LUFT) Senator Brookins. Senator Brookins. Senator Brookins.

He's here. Senator Collins.

PRESIDING OFFICER: (SENATOR LUFT) Senator Collins here? Senator Collins. Strike her name, please, Madam Secretary.

And Senator Jones.

PRESIDING OFFICER: (SENATOR LUPT) Senakor Jones. Senator Jones. Strike his name, pleasee Madam Secretary .

That's sufficient.

PRESIDING OPFICER: (SENATOR LUPT) Any further questions? All right. 0n a verified vote, there are 29 Ayesy 27 Nays: none voting Present. And House Bill 3390, having failed to reeeive a required constitutional majority, is declared failed. All right. On the Order of 3rd Reading is House Bill 3391. Senator Severns. Read the bill, please, Madam Secretary.

House Bill 3391. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUPT) Senator Severns.

Thank you, Mr. President and Members of the Senate. This bill simply amends the Treasurer's FY'90 appropriation by reducing contractual services for tbe Home Ownership Made Easy Program by 70  STATE 0F ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 twenty-six thousand dollars, and appropriating this amount for permanent improvements in that program.

PRESIDING OFFICER: (SENATOR LUET) Discussion? If not, the question is# shall House Bill 3391 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wished? Have all voted who wish? Have all voted who wish? Take the records please, Madam Secretary. On that queseion, the Ayes are 59, the Nays are none, none voting Present. Hcuse Bill 3391, having recelved the required constitutional majority, is deelared passed. On the Order of 3rd Reading is House Bill 3392. Senator Carroll. Read the bill, please, Madam Secretary.

House Bill 3392. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OEFICER: (SENATOR LUPT) Senator Carroll.

Thank you, Mr. Presidene, Ladies and Gentlemen of tbe Senate. House Bill 3392 is the ordinary and continqent expenses of the Office of the Treasurer - I made an explanation earlier ln error of some twelve million. It is a reduction from the original request in line with the bipartisan Senate guidelines. And would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR LUPT) Discussion? If not, the question is: shall House Bill 3392 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wished? Have a11 voted who wished? Have al1 voted who wished? Take the record, please, Madam Secretary. On the question, the Ayes are 58, the Nays are none voting Present. House Bill 3392, having received the 71  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislatlve Day June 20, 1990 required constitutional majority, is declared passed. On the Order of 3rd Reading is House Bill 3393. Senator Carroll. Read the bill, please, Madam Secretary .

House Bill 3393. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LUFT) Senator Carroll. SENATOR CARROLL; Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is the authorization bill for Build Illinois bonds. It is reduced so that ie will go back to the House and end up in conference, so that we can adjust it to whatever the number is that is ultimately out there. would ask for a favorable roll call.

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

Question of the sponsar.

PRESIDING OFFICER: (SENATOR LUFT) Sponsor indicates hefll yield.

When you dre goin: to conference committee with a bond bill, they have a tremendous tendency to eome back as a Christmas tree. Would you like to glve us a hint, in advance, khaE manure will be on this b1l1 when it returns?

PRESIDING OFFICER: (SENATOR LUFT) Senator Carroll.

It would come back as a Hanukkah bush, not a Christmas treey number one. Number two, this is merely the bond level of funding, 72  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 not the pretty things that go on to those funny trees. That's in the actual capital bill. This just says how many dollars of bonds can be authorized. At this stage, would guess that will be a very 1ow number.

Very 1ow is the best you can do. Further discussion? If not, the question is, shall House Bill 3393 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. All voted who wish? Have al1 voted who wish? Have all voted who Wish? Take the record. Qn that question: there are 48 Ayes, 5 Nays, l votin: Present. House Bill 3393, having received the required constktutional majorityy is declared passed. 3394. Senator Carroll. Top of Page 13, Ladies and Gentlemen. 3412. Senatcr Berman. A11 right. 3426 was on the Recall. 3453. Senator Alexander. Read the bill, please, Madam Secretary.

House Bill 3453. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Alexander.

Thank you, Mr. President. This is the standard OCE budget for the State Appellate Defender's Office. The budget, as presently stand, has been reduced by 14.8 percent from its introduced amount or one mill two. And I'm askinq for your favorable vote in the passage of this budget.

Discussion? If not, the question is, shall House Bill 3453 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted Who wish? Have all voted who Wish? Have all voted Who Wish? Take the record. On that 73  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20# 1990 question, there are 54 Ayes, 2 Naysy none voting Present. House Bill 3453, having received the required constitutional majority, is declared passed. Senator Etheredge. 3457. Read the bill, please.

House Bill 3457. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the appropriations bill for the Capital Development Board operations. It has been amended to conform with the bipartisan Senate guidelines. And I would move for its approval.

Discussion? If not, the questlon is, shall House Bill 3457 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have a1l voted who wish? Have al1 voked who Wish? Have all voted Who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 3457, having received the required constitutional majority, is declared passed. 3458. Senator Etheredge. Read the bill, Madam Secretary, please.

House Bill 3458. (secretary reads title of bill) 3rd Readin: of the bill.

Senator Etheredge.

Thank you very mueh, Mr. President, Ladies and Gentlemen of  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 the Senate. This is the new projeces b11l for the CDB, and would ask for its favorable consideration.

Discussion? If not, the question is, shall House Bi11 3458 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting's open. Have al1 voted who Wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 55 Ayes: 1 Nay, and one voting Present. House Bill 3458: having received the required constitutional majority, is declared passed. 3459. Senator Etheredge. Read the bill, Madam Secretary, please.

House Bill 3459. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Etheredse.

Thank you, Mr. President, Ladies and Gentlemen of the Senate . This is the CD; reapprops bill. Would move for its adoption.

Discussion? If not, the question is, shall House Bill 3459 pass. Those in favor will vote Aye. Opposedy vote Nay. The votingls open. Have all voted who Wish? Have all voted Who Wish? Have all voted who wish? Take the record. On that guestion, there are 54 Ayes, 2 Nays, 1 voting Present. House Bill 3459, having received the required eonstitutional majority, is declared passed. 3460. Senator Luft. Read the bill, Madam Secretary, please.

House Bill 3460. (Secretary reads title of bill) 75  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 3rd Reading of the bill.

Senator Luft.

Thank you, Mr. President. This is a vehicle bill. It's my understanding will come back, somewhere along the line, with the capital projects for the colleges.

Discussion? not, the question is, shall House Bill 3460 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, 2 voting Present. House Bill 3460, having received the required constitutional majority, is declared passed. 3461. Senator Watson. Read the bill, Madam Secretary, please.

House Bi11 3461. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Watson.

Thank you, Mr. President. This is the reappropriation bill for the Department of Transportation. Current level is two billion Ewo hundred and eighty-flve thousand -- *wo hundrqd and eighty-five million nine hundred and sixty-five thousand two hundred and ninety-eight. Ask for your support.

Discussion? not, the question is, shall House Bill 3461 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have a1l voted who 76  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 wish? Have a11 voted who wish? Take the record. On that question, there are 57 Ayes, 1 Nay, none voting Present. House Bi1l 3461, having received the required constitutional majority, is declared passed. 3462. Senator Watson. Read the bill, Madam Secretary, please.

House Bill 3462. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Watson.

Thank you, Mr. President. This is the appropriation bill for the Department of Transportation - current level of two billion seven hundred and forty million four hundred and thirty-eight thousand eight hundred dollars. Negotiations continue to go on with the Department in hopes to trim the budget even further, if at all possible. But, Well, that Will have to be a later date. Thank you.

Discussion? If not, the question is, shall House Bill 3462 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have al1 voted who wish? Have all voted who wish? Have a1l voted Who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 3462, having received *he required constikutional majority, is declared passed . 3463. Senator Davidson. Read the bill, Madam Secretary, please.

House Bil1 3463. (Secretary reads title of bill) 3rd Reading of the bill.  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Senator Davidson.

Mr. President and Members of the Senate, this is the annual appropriation to the Historieal Preservation Aqency. It's been amended in the bipartisan guidelines. Appreciate a favorable vote.

Discussion? If not, the question is, shall House Bill 3463 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted Who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question. there are 59 Ayes, no Nays, none voting Present. House Bill 3463, havin: received the required constitutional majority, is declared passed. 3464. Senator Donahue. Read the bill, Madam Secretary, please.

House Bill 3464. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Donahue.

Thank youe Mr. President, Ladies and Gentlemen of the Senate. This is the OCE for the Department of Mines and Minerals. Al1 does is it's at a reduced level at sevenEy-slx khousand seven hundred dollars. And I would move for its passage. ...tmachine cutoffl... PRESIDENT R0CK: Discussion? If not, the question ise shall House Bill 3464 pass. Those in favor will voee Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who 78 ! STATE OF ILLINOIS . 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRAXSCRIPT 105th Legislative Day June 20, 1990 wish? Have all voted who wish? Take the record. On that quesEion, there are 58 Ayes, no Nays, none votinq Present. House Bill 3464, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, there 's been a request to shoot some additional film by Mr. Howard. He would also ask that the lights be turned up for that purpose. With leave of the Bodyg leave is granted. Top of Page 14 is House Bill 3465. Senator Etheredge. Read the bill, Madam Secretaryz please. SECRETARY HAWKER: House Bill 3465. Secretary reads title of bill. 3rd Reading of the bill. PRESIDENT ROCK: Senator Etheredge. SENATOR ETHEREDGE: Thank you, Mr. President, Ladles and Gentlemen of the Senate. This is tbe 0CE for the Racing Board. It has been amended to conform with the bipartisan Senate guidelines, and I would ask for its approval. PRESIDENT ROCK: Discussion? If not, the question is, shall House Bill -- I'm sorry. Senator Keats. SENATOR KEATS: Question of the sponsor. PRESIDENT ROCK: Indlcakes he will yield, genator Keats. SENATOR EEATS: I apologize: Senator Etheredge, but I'm making the mistake of occasionally readin: these analyses. Why are we shifting six people from the regulation - in other words the guys from the field - and putklng them in *he bureaucracy in the main office? It sounds to me like we could use an explanation. 79  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Senator Etheredge.

Thank you, Mr. Presldent. The purpose of that move is to put a11 the people who are responsible for regulation in the same spot, so that they can interact with one another, and do a better job of regulating.

Senator Keats.

No function change, just a line item change?

Senator Ethered:e.

That is correct, Senator.

Further discussion? If not, the question is, shall House Bill 3465 pass. Those in favor will vote Aye. Opposedz vote Nay. And the voting is open. Have a11 voted who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, there are 57 Ayes, 2 Naysr none voting Present. House Bill 3465, having received the required constitutional majority, is declared passed. 3466. Senator Etheredqe. Read the bills Madam Secretary, please.

House Bill 3466. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 80  STATE OF TLLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 This is the OCE for the Department of Insurance. It, too, has been amended to -- in eonformity With the bipartisan Senate guidelines. And I would ask fo' r its approval.

Discussion? If not: the question is, shall House Bill 3466 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted Who wish? Have al1 voted who wish? Take the record. On that question, there are 59 Ayes, no Nays: none voting Present. House Bill 3466, having received the required constitutional majority, is declared passed. 3467. Senator Pbillp. Read the bill, Madam Secretary, please.

- b House Bill 3467. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Philip.

Thank you: Mr. Presidenty Ladies and Gentlemen of the Senate. House Bill 3467 is the ordinary and contingent expenses of the Lieutenant Governor. It's nine million 2-0-2. It's a reduction over last year of two hundred and six thousand dollars. Be happy to answer any questions, and I ask for your favorable consideration.

Discussion? Tf not, the question is, shall House Bill 3467 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted Who wish? Have a1l voted who wish? Have a11 voted Who Wish? Take the record. On that queskion, there are 57 Ayes, l Nay, none voting Present. House Bill 3467, having received the required constitutional majority, 81  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20: 1990 is declared passed. 3472. Senator Etheredge. Read the bill, Madam Secretary, please.

House Bill 3472. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the OCE for the Department of Financial Institutions. It also has been amended to conform with khe bipartisan Senate guidelines. And I would ask for its approval.

Discussion? If not, the question is, shall House Bill 3472 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted Who Wish? Have a11 voted who Wish? Have a1l voted who Wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 3472: having received the required constitutional majority, is declared passed. 3473. Senator Donahue. Read the bill, Madam Secretary, please.

House Bill 3473. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Donahue.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the 0CE for the Department of Agriculture. And -- gosh, don 't know if therels an easy way to explain this. It is -- the 82  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105tb Legislative Day June 20: 1990 change from the introduced level is down twelve million, seven hundred and three thousand five hundred dollars. And I would move for its passage.

Discussion? not, the question is, shall House Bill 3473 pass. Those in favor Will vote Aye. Opposed, vote Nay. The votingds open. Have a1l voted who Wish? Have a11 voted who wish? Have all voted Who Wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 3473, havin: received the required constitutional majority, is declared passed. Senator Raica. 3474. Read the bills Madam Secretary, please.

House Bill 3474. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Raica.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the OCE for the Illinois Criminal Justice Information. Its current level is twenty-three million six hundred forty-nine thousand two hundred dollars. It reduces the House add-ons by some 2.6 million dollars, and I just ask for an Aye vote.

Discussion? If not, the question is, shall House Bill 3474 pass. Those in favor will vote Aye. Opposede vote Nay . The voting 's open. Have al1 voted Who Wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Ayes, no Naysy none voting Present. House Bill 3474, having received the required constitutional majority, declared passed. 3534. Senator Weaver. Read the billy Madam Secretary, 83 I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 please. SECRETARY HAWKER : House Bill 3534. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Weaver. SENATOR WEAVER: Thank you, Mr. President. This is the OCE for the Department of Energy and Natural Resources. Ik's been amended to conform to the Senate guidelines, and I move its approval. PRESIDENT ROCK: Discussion? If not, the question is, shall House Bill 3534 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting's open. A11 voted who wish? Have a1l voted who wish? Eave all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 3534, having received the required constitutional majorityg is declared passed. The Chair inadvertently skipped 3492. 3528 is on the Recall List, I'm told. 3492. Read the bill Madam Secretary. SECRETARX HAWKER: House Bill 3492. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Jones. SENATOR JONES: Yeah. Thank you, Mr. President and Members of the Senate. House Bill 3492, as amended, provides the public -- amends the Public Utilities Act, and requires each telecommunications carrier to provide telecommunications devices capable of servicing the voice impaired person, as well as the hearing impaired person. 84 L STATE OF TLLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT l05Eh Legislative Day June 20, 1990 And I know of no oppasition. Ask for a favorable vote. PRESIDENT ROCK: Discussion? If not, the question isz shall House Bill 3492 pass. Those in favor# vote Aye. Opposed, vote Nay. The voting 's open. Have a1l voted who Wish? Have a11 voted Who Wish? Have a1l voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none votin: Present. House Bill 3492, havlng received the required constitutional majority, is declared passed. Senator Raica. 3535: Read the bill, Madam Secretary, please. SECRETARY EAWKER: House Bill 3535. (secretary reads title of bill) 3rd Readin: of the bill. PRESIDENT ROCK: Senator Raica. SENATOR RAICA: Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bi11 3535 is the OCE for the Illinois Emergency Services and Disaster Agency. Current level is forty-one million nine hundred ninety-two thousand eight hundred. It increases by a hundred and eighteen thousand six hundred dollars. And I just ask for an Aye vote. PRESIDENT ROCK: Discussion? If not, the question is, shall House Bill 3535 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voEed who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On Ehat questionz there are 59 Ayes, no Nays, none voting Present. House Bill 3535, having received the required constitutional majority, is declared passed. 4 3536, Senator Phzlip, they tell me needs an amendment . 3537 . Senator Madigan. Read the bill, Madam Secretary , please . 85  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRAHSCRIPT 105th Legislative Day June 20, 1990

House Bill 3537. (Secretary reads title of bil1) 3rd Reading of the bill.

Senator Madigan.

Thank you, Mr. President. House Bill 3537 makes the annual appropriations for the ordinary and contingent expenses of the Property Tax Appeal Board. As amended: reflects the Senate bipartisan agreement. And I would ask for its adoption.

Discussion? If not, the question is, shall House Bill 3537 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a1l voted who wish? Have a1l voted who wish? Take tàe record. On that question, there are 59 Ayes, no Nays, none voting Present. House Bill 3537, having received the required constitutional majority, is declared passed. 3538. Top of Page 15. Read the bill, Madam Secretary, please.

House Bill 3538. (Secretary reads title of bill) 3rd Readinq of the bill.

Senator Etheredqe.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is khe OCE for *he Pollution Control Board. It has been amended to -- in conformity with the bipartisan guidelines. And would move for 1ts adoption.

86  STATE OF ILLINOIS l 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Discussion? If notr the question is, shall House Bill 3538 pass. Those in favor will vote Aye. Opposedy vote Nay. The voting is open. Have a11 voted who Wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Naysz none voting Present. House Bill 3538, having received the required constitutional majority, is declared passed. 3539. Read the bill: Madam Secretary, please. SECRETARY HAWKER : House Bill 3539. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Etheredge. SENATOR ETHEREDGE: Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the OCE for the Sports Facility Authority, and I Would move for its adoption. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall House Bill 3539 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted Who wish? Have all voted who wish? Take the record. On that question, the Ayes are 38, the Nays are l5# 2 voting Present. House Bill 3539, having received the required constitutional majority, is declared passed. House Bill 3540. SenaEor Karpiel. On the Order of House Bills 3rd Reading ls House Bill 3540, Madam Secretary. SECRETARY HAWKBR: House Bill 3540. (Secretary reads title of bill) 3rd Reading of the bill. 87  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

PRESIDING OPPICER: (SENATOR DEKUZIO) Senator Karpiel.

Thank you, Mr. President. House Bill 3540 is the OCE for the Department of Professional Regulation. The total budget has been approved at twenty million nine hundred and ninety-seven thousand three hundred dollars. Thatfs a decrease from as originally introduced - a reduction of two hundred and fifty-two thousand three hundred dollars. And I ask for your Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, tbe question is, shall House Bill 3540 pass. Those in favor will vote Aye. Those opposed , Nay. The votin: is open. Have all voted who wish? Have all voted who Wish? Have a11 voted Who Wish? Take the record. On that question, the Ayes are 59, the Nays are none, none voting Present. House Bill 3540: having received the required constitutional majority, is declared passed. House Bill 3541. Senator Maitland. Madam Secretaryy House Bill 3-5-4-1.

House Bill 3541. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland. SENATOR MAITLANDJ Thank you very much, Mr. President, Members of the Senate. House Bill 3541 does contain the OCE for the Department of Corrections for FY '91. It does contain the Senate guidelines. now stands at five hundred and ninety-four million two hundred forty-three thousand dollars.

PRESIDING OFPICER: (SENATOR DEMDZIO) Is there any other -- any discussion? If not, the question 88  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 is, shall House Bill 3541 pass. Those in favor will vote Aye. Those opposed, Nay. The votkng is open. Have aI1 vobed Who wïsh? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are -- the Ayes are 58, the Nays are 1, none voting Present. House Bill 3541, having received the required constitutional majority: is declared passed. House Bill 3543, Madam Secretary, please.

Eouse Bill 3543. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica.

Mr. President, the Local -- House Bill 3543 is the OCE for the Local Governmental Law Enforcement Officers Trainin: Board. Current level is at ten million fifty-six thousand seven hundred. Reduces it by thirty-seven thousand seven hundred. I just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall' House Bill 3543 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a1l voted who Wish? Take the record. On that question, the Ayes are 58, the Nays are none, none voting Present. House Bill 3543. having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3544, Madam Secretaryg please.

Eouse Bk11 3544. (Secretary reads title of bill) 3rd Reading of the bill. 89  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 i PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Etheredge. SENATOR ETHEREDGE: Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the OCE for the Department of Revenue. Ik, too, has been amended in conformity with the bipartisan guidelines. And I would move for its adoption. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall House Bill 3544 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 a11 voted who wish? Take the reeord. 0n that question, the Ayes 57# the Nays are none, none voting Present. House Bill 3544, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3545, Madam Secretary. SECRETARY HAWKER: House Bill 3545. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Etheredge. SENATOR ETHEREDGE: Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the OCE for the Arts Council. It, tooy has been amended to conform with bipartisan guidelines. And I move for its adoption. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall House Bill 3545 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who wish? Have a1l voted who wish? Have a1l voted Who wish? Take the record. 0n 1 90 i  STATE 0F ILLINOIS 86th GENZRAL ASSEMBLX REGULAR SESSION : SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 that question, the Ayes are 51, the Nays are 4, none voting Present. House Bill 3545, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3546, Madam Secretary, please.

House Bill 3546. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Sehaffer.

Mr. President, this is the Educational Labor Relations Board - down some twenty-eight thousand dollars from introduced levels, in compliance with the plan.

PRESIDING OFFICER: (SENATOR DEMUZIO) That's the larqest break wedve had so far. Is there discussion? If not, the question is, shall House Bill 3546 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 57, the Nays are none, none voting Present. House Bill 3546, having received the required constitutional majority, is declared passed . House Bills 3rd Reading is House Bill 3547, Madam Secretary, please.

House Bill 3547. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Phitip .

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 91 ! i  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 House Bill 3547 is the ordinary and contingent expenses of the Judicial Inquiry Board. It's some three hundred and sixty thousand eight hundred. It's up fifty-one thousand dollars. It's in accord with the bipartisan guidelines. Ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Senator Keats. Question is, shall House Bill 3547 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 record. On that question: the Ayes are 56, the Nays are none voting Present. House Bill 3547, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3548, Madam Secretary, please.

House Bill 3548. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Etheredge.

Thank you, Mr. President. This is the 0CE for the Liquor Conkrol Commission. It, too, has been amended in conformity with our guidelines, and I move for its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is Ehere discussion? If noE, Ehe question is. shall House Bill 3548 pass. Those in favor will vote Aye. Those opposedy Nay. The voting is open. Have a11 voted Who Wish? Have a11 voeed who wish? Have all voted who wish? Take khe record. On that question, the Ayes are 57, the Nays are 1, none voting Present. House Bill 3548, having received the required constitutional majority, is declared passed. House Bills 3rd 92  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 Reading is House Bill 3549, Madam Secretary.

House Bill 3549. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the OCE for the Commerce Commkssion. has been amended in conformity with our guideïines. And I would ask for its approval.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Collinsz for what purpose do you arise?

Point of personal prlvilege.

PRESIDING OFFICER: (SENATOR DEMUZIO) Yes, madam. SENATOR COLLINS; -- suggest we move on with the bill: and then put me on for a point of personal privilege, if you would like.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question isy shall House Bill 3549 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 al1 voted who wlsh? Take Ehe record. On that question, the Ayes are 58z the Nays are nonee none votin: Present. House Bill 3549, having received the required constitutional majority, is declared passed. Senator Collins, for What purpose do you arise?

ïes. We have in the right gallery a group of citizens from 93  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 2G, 199û the West side of Chicago down here today, of course, in the interest of the Energy Assistance Proqram. It is a group of organizations including Midwest Community Council. And we'd just like to have them -- to stand and be recognized by the Senate.

PRESIDING OFFICER: (SENATOR DEMUZIO) If our guests will a1l rise and be recognized by the Senate. Welcome to Springfield. All right. Top of Page 16. House Bill 3562. ôn the Order of House Bills 3rd Reading is House Bill 3-5-6-2, Madam Secretary.

House Bill 3562. (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. House Bill 3562, as amendedy permits hospitals to provide sick day care program for employees, and set minimum standards for such. Many hospitals throughout the state currently have this program, but this qives them the authority to do such. Also, it includes in there the language as relate to bypassz and that is for the Department of Public Health shall set minimum standards and adopt written hospital rules and protocol for the transport of patients by ambulance to hospitals other than the nearest hospital. And there 's some concern as it relate to one part of the amendment - as it relate to a clinical psychologist being on the boarde but I will be discussing this with the Hospital Association and the Medical Society . And I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If notz the question îs, shall House Bill -- all right. Ladies and Gentlemen, 1et me just caution youz 94 i ! r ' STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 while the bright lights are on, it's difficult for me to determine when our lights are on down here. Senator Raica. SENATOR RAICA: Thank you, Mr. President. Ask the sponsor a question, please. PRESIDING OFFICER: (SENATOR DEMUZIO) Does the sponsor yield? Sponsor indicates he will yield. Senator Raica. SENATOR RAICA : Thank you, Mr. President. Senator Jones, do you have the language regarding that bypass procedure, 'cause I -- I don't have here? Was it an amendment that Was adopted, or What? Or was that the original language to this bill? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jonesa SENATOR JONES: Yes. It's the original language that came over from the House - that Was in House Bill 3317. No changes. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica. SENATOR RAICA: Senator Jones, I guess there was a -- I don't have a copy of it here, but in the original language there was a provision sayin: that the Department of Public Hea1th can -- has neW languaqe added on regarding providers and participants. Is that true? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones. SENATOR JONES: The Department supports this bill. There has been no neW language. As I'm informed that the bill you have in the House, the same language has been amended onto that bill thatfs in this bill - identical language. PRESIDING OFFICER: (SENATOR DEMUZIO) 95  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Further discussion? The question is, shall House Bill 3562 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are S4, the Nays are none, none voting Present. House Bill 3562, having received the required constitutional majority, is declared passed. 3565 was on the Recall List this morning. 3580. Senator Smith. House Bills 3rd Reading is House Bill 3-5-8-0, Madam Secretary.

House Bill 3580. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of the Senate . House Bill 3580, wlth its amendment, deletes a11 and inserts House Bill 3584, which extends due process protection to private agents, foster parents, in administrative appeals. And I would like to say that I did serve on the summit of this bill. And I'd ask for your approval.

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

Thank you, Mr. President, Ladles and Centlemen of the Eenate. My circuit clerk did have an objection to this bill. Senator Smith has satisfied that objection, and I hope we'd all vote Aye.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there further discussion? If not, the question is, shall House Bill 3-5-8-0 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have 96  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 all voted who wish? Have all voted who Wish? Take the record . On that question, the Ayes are 57, and the Nays are none, none votin: Present. House Bill 3580, having received the required constitutional majority, is declared passed. House Bills Reading is House Bill 3585, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bi11 3585. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea.

Thank you, Mr. President. This amends the Illinois Coal Technology Development Assistance Act. Increases the amount of revenue to be deposited in the Coal Technology Development Assistance Fund - something very badly needed in terms of the aaid rain legislation that is occurring at the federal level, which puts a responsibility -- a heavier responsibility back on the State, with Illinois being the leader in coal reserves. And under thls House Bill 3585, it also lncludes a tax credit allowed on expenditures for pollution control equipment, which would be increased from five percent to ten percent. And the measure would also include construction costs as well as equipment costs by establishing a five percent credit on expenditures for construction pollution control devices and an increase from twenty percent to thirEy percen: would also be allowed for Ehe :ax credik on donations to the Illinois Center for Research on Sulfur in Coal. I would ask for your approval.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not -- Senator Welch.

I've got a question of the sponsor. 97  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he will yield. Senator Welch. SENATOR WELCHI Senator Rea, what Will be the cost of this bill, including the tax break thatîs goin: to be given to utilities? .ootmachine cutoffl...

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Rea.

Well, you will not have an exact figure until you know who takes the tax break, and that will be, of course, for the cleaning equipment or teahnology there that -- on the tax break, and so we wouldn't have an exact figure on that. But I can tell you thisr that in terms of the jobs that Would save and the use of Illinois coalz the returns will far exceed whatever the expenditures will be.

PRESIDING OPFICER: (SENATOR DEMUZIO) Further discussion? Senator Welch.

Well, I'm not sure why we're passing this at this time. Senator Davidson has a bill in tbe Energy and Environment Committee that was agreed to be held so that we could hold hearings on khis very issue. The Clean Air Act has not passed. When I had a bill here dealing With the Clean Air Act, I Was met With the opposition of several groups - includinq the groups who are noW supporting ehis bill - because my bill was premature. The Clean Air Act had not passed. Welly lo and behold, now they like bill -- this bill because it gives them a tax break before the Clean Air Act is even passed. So I'm not sure Why wefre -- why we're bailing out utilities, When We don 't know what the requirements are going to be. The argument against my bill a couple weeks ago was that welly there is a provision spreading out 98 I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULKR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 the cost throughout the country, that theylre going Eo try to pass again. So if tbat provision does pass - the one that requires a1l states to bear a share of the burden of the acid rain provision this -- this really wouldn't be necessary. This kould be a -- a double break for the utilities. I've got no beef with helping coal miners, but don't think that throwing money at the utilities is a way to help the coal miners. Thank you. PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Ralph Dunn. SENATOR R. DUNN : Thank -- thank ycu, Mr. President and Members of the Senate. I am co-sponsor with Senator Rea on the bill, and it certainly is an opportunity for us to make some potential use of Illinois coal, if, and when the acid rain legislation does come effective. We al1 know it's about to be here. This will be our last opportunity to help this, and I'd urge that we vote Yes - Aye voter please. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator -- if not, Senator Rea may close. SENATOR REA: Thank you, Mr. President. You know, there îs thousands of Illinois jobs that are at stake. And this Will give us an opportunity to prepare when the President acts on the legislation, which is going to qo forth. There's no question that he is going to have legislation therez and it is going to be signed off. We cannot take that Wait-and-see attitude. Webve got to move immedlaEely on Ehis and be prepared. And Illinois can be the leader, because we are the leader in coal reserves here in this State, and it plays a very important part in our economy. I would ask for an Aye vote. PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, shall House Bill 3585 pass. Those in favor Will voEe Aye. Those opposedr Nay. The votin: is open. Have a1k 99  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 voted who wish? Have a1l voted Who wish? Have al1 voted who wish? Have a11 voted who wish? Take -- take the record. On that question, the Ayes are 49, the Nays are 9, none votin: Present. House Bill 3585, having received the required constitutional majority, is declared passed. 3590 is on the next Recall List. 3598. Senator D'Arco. On the Order of House Bills 3rd Reading is House Bill 3-5-9-8, Mr. Secretary.

ACTING SECRETARY: (MR. HAPRY) House Bill 3598. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator D 'Arco.

Thank you, Mr. President. 3598 authorizes DOT to adopt policy concernin: rules for the movement of special permit vehicles, including manufactured and modular home sections: upon highways within its jurisdiction. It's a very simple bill. It reakly doesn'k do much. And I ask for a favorable vote.

PRESIDING OFFICER: (SESATOR DEMUZIO) Is there discussïon? If not, tbe questïon ïs, shall House Bill 3598 pass. Tbose in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted Who Wish? Have al1 voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none: none voting PresenE. House Bl1l 3598, having received the required constitutional majority, is declared paséed. House Bills -- House Bk1l 3-6-1-3. Senator Severns. House Bills 3614. Senator Topinka. 3645. Senator D'Areo. On the Order of House Bills 3rd Reading is House Bill 3-6-4-5, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3645. 100  STATE OF ILLINOIS 66th GENERAL ASSEMBLX ' REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 lsecretary reads title of bill) I 3rd Reading of the bill. PRESIDING OFPICERI (SENATOR DEMUZIO) Senator D'Arco.

Thank you, Mr. President. The -- 3645 renames the Public Accounting Fund and -- and Registered Certified Public Accountantsf Administration and Disciplinary Fund. Continuing education shall be given by sponsors registered by DPR, rather than simply approved. And it establishes registration criteria for such sponsors. In effectv that was the amendment to the bill on 2nd Reading. And I would ask for your approval. END 0F TAPE TAPE 3

PRESIDING OFFICER: (SENATOR DEMUZIO) Is Ehere discussion? If not, the question is# shall House Bi11 3645 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 57# then the Nays are none, none are -- none voting -- Present. House Bill 3645, having received khe required constitutional Rajorityz is declared passed. House Bills 3rd Reading is House Bill 3646, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3646. (Secretary reads tktle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) l01  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1û5th Legislative Day June 20# 1990 Senator Davidson.

Mr. President and Members of the Senate, this is the annual appropriation for Secretary of State. It's been amended to the bipartisan guidelines. It's two hundred and forty-nine million plus. Appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall House Bill 3646 pass. Those in favor will vote Aye. Those opposed, Nay. The voting 's open. Have a11 voted who wish? Have all voted who wish? Have all voeed who wish? Take the record. On that questionz the Ayes are 58, the Nays are none, none voting Present. House Bill 3646, having received the required constitutional majority, is declared passed. House Bill . 3649. Senator Jerome Joyce. J.J. Joyee. Page 17. Top of Paqe 17 is 3655. Senator Zito. Senator Zito on the Floor? 3658. Senator Joyce. 3658. Senator Jerome Joyce. 3675. Senator Rea. 3683. Senator Raica. On the Order of -- of House Bills 3rd Reading is House Bill 3-6-8-3, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3683. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica.

Thank youz Mr. President and Ladies and Gentlemen of the Senate. House Bill 3683 deals with the rights of all pharmacists to participate in HMO plans under the terms established by the HMOs. This is the same concept which left the Senate -- or left left the Senate to the Governor's Office With forty-four affirmative votes one year ago: which was House Bill 90. The l02  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Governor approved this legislation, but the problems have developed kith implementation. House Bill 3683 has been introduced because it has been determined that House Bill 90 did not cover HMos as intended. This makes clear that EM0s, like other health care plansy must allok pharmacists to participate in prescription plans. Last year we provided an exempkion for HMOs operating under their pharmacies. I believe that our adoption of this amendment is a clear indication that We meant to cover a1l HM0 situations. The same amendment has been placed on this bill again, to provide this limited exemption. This bill also includes a two-year sunset provision, so that we can carefully monitor affects of the concept of khe cost and quality of -- of pharmacy services. And I just ask for an affirmative Aye vote.

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

Thank youz Mr. President and Members. I know khat this legislation is similar to proposals that wedve had before us on at least tWo occasions in the past. I would like just to take a brief moment to express some of the misgivings that I have, and know some others have -- have voiced before. I think I understand what this legislation is attempting to do. But at the same time, I think we have to again be mindful that one of the great problems ehak plagues society, and and therefore requires our attention as -- as Legislators, is the continuing escalation of health care costs. The contraets tha: apparently exist tcday betkeen HMOs and other large scale payers of health care and of pharmacies or chain pharmacies, of one kind or another, are an attempt to provide, on a high volume basisy a loW cost service. If we are to legislate that anyone can step into one of these contracts and -- and provide the product on the same terms, including the same price as has been negotiated between the -- the HM0 and -- and the large l03  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 scale provider, there is, clearlyz qoin: to be less incentive for thae provider to offer the same lok price that they might otherwise if they can be assured of being able to provide this high volume of of service and of goods. Based on the experience in oeher states, which has been studied and documented by the Federal Trade Commission in reports that they have given to us and to legislators in other states of these laws, they, elearly, have b0th a -- a restraint of trade and -- and an inflationary impact. The fact that this bill apparently now has a two-year sunset is -- maybe makes it somewhat less bad. But I think, clearlyg that the legislation flies against what should be our efforks to come up with ways to provide health care on a lower cost basis. And for that reason, I urge your opposition.

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

Mr. President and Ladies and Gentlemen of the Senatez with al1 due respect to the prior speaker, I disaqree with him . This bill seeks to get the result originally intended by -- with House Bill 90. And that's to provide the smaller pharmacies the ability to pareicipate in insurance and HM0 contraets. I don't think it's fair to just restriet the RM0 contracts to the big drug companies. I think it's fair to 1et the little pharmacies make a dollar too. They have to make a living. And by supporting this billr we are supporting the small businessman, and I am a11 in favor of it.

PRESIDING OFFICER: (SENATOR D'ARCO) Any further -- Senator Watson.

Yes. Thank you, Mr. President. Obviously I have a conflict of interest here, but I am going to vote my conscience, because my conseience is in the right place here. This is truly a small pharmacy piece of leqislation. It is a little guy approach to a 104  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 105th Legislative Day June 20w 1990 problem that could, and does, exist. And Ilm -- just to tell you a little bit about this, and I did this last year so -- at least so you'll know what's happening out there in the dru: stores of these small communities throughout Illinois. The individual brings in a prescription; they want to get it filled at your drug store; and you say, ''Well I'm sorry, I don't -- I can't fill that prescription. We are not contracted with this particular HMO or provider, or whoever, and you have to go somewhere else.'' Well then -- then -- then they say, ''Well that's over in Edwardsville, or thatts over somewhere thirty - forty miles away.'' As a result, they don't Want to drive over there; they say, f'I'l1 just get it filled here.'' And they don't then get the benefit that they should rightly deserve. So now -- What happened last year, is thpt there was some concerns about how this affected and the impact it had on HMOs. Many HMOs are mail order - mail order. So what happens in this case is, somebody who 's gok an infeetion - somebody Who needs immediate treatment - they'd come into your drug store, and they say, ''I want this prescription filled,'' but no you got to mail this to wherever. And to get that prescripticn filled so they can mail it back to youe they sayy ''Wel1, I can't do that, I've got to have it today.'' So they get it filled, they pay the price' and they go on their way. And they dondt get the benefit that they rightly deserve under their -- their contract with their employer. So what welre trying to do is just give the little guy an opportunity to participate in these contracts for thirty days. Open the window. Those that want Eo participate, fine. Those that don't, don't have to. But it just gives the little man an opportunity to play in the same ball game with the big guy . And I think it's a -- a good provision, and it's something -- should pass. Thank you. PRESIDING OFFICER: (SENATOR D'ARCO) Senator Dehngelis. l05 . I  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 SENATOR DeANCELIS: Well, if I bear this referred to one more time as the little guy bill, wedre going to call this the Harlan Rigney Bill. I have a question of the sponsor.

PRESIDING OFPICER: (SENATOR D'ARCO) He indicates he 'll yield. He indicates he 'll yield. SENATOR DeANGELIS: Well: thank you. In the event that the program is a capitation program, how do you handle that in the situation that Senator Watson was talking about?

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

Is -- Senator DeAngelis, is capitation part of the contract? Is it in the contract? PRESIDING OFPICER) (SENATOR D'ARCO) Senator DeAngelis. SENATOR DeANCELIS: A lot of your drug HNO contraets are capitation cantracts. There are a flat amount of dollars for a1l pharmaeeutical care for a subscriber in the program. How do you handle that? And that's where my fear a1l along has been - is this cherry-picking process that might occur -- might occur, because it isr in facty a capitation program. I just want to know hoW it Would be handled, that's all.

PRESIDING OFFICER: (SENATOR D'ARCO) senator Raica.

According to the bill, Senator DeAngelis: it states, ''a statement that no pharmacy shall restriet in any manner the enrollees to be served or the pharmaceutical benefits to be provided under the contract....'' 1o6 I  STATZ OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

PRESIDING OFFICER: (SENATOR D'ARCO) Senator DeAngelis. SENATOR DeANGELIS: We are clear on the legislative intent, that any person who, in fact, accepts a subscriber to an HM0 under a capitation contract, is obliged to accept any other subscriber, else that person be thrown ouE of the program .

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

That is my intentz Senator. SENATOR DeANGELIS: Thank you.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. -- I stand in support of this legislation. If you remember last year, we had a 1ot of discussion on a similar type bill, and -- and in that -- at that time there Was a lot of comments being made by the -- the large retail merchants and by the labor unions. To this point I haven't heard from either party, so I would assume that by your bill, and by your amendments, that you have taken care of those problems. So I stand in strong support of this bill.

PRESIDING OFFICER: (SZNATOR D'ARCO) A1l right. Senator Raicag to close.

Thank you, Mr. President. We've tried to get together wikh everybody and -- and put the provisions in that were in House Bill 90 to make this a fair bill. This bill allows consumers to utilize convenient pharmacy services of their choice, and will l07  STATE OP ILLINOIS 86th GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 allow ehe local independent pharmacies to conserve -- continue serving their long-term patrons and patients. In my previous statements, I meant to say -- well it doesn 't make a difference. I just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR D'ARCO) The question is# shall House Bill 3683 pass. Those in favore vote Aye. Opposed, Nay. The voting is open. Have all voted who Wished? Have a11 voted Who wished? Have all voted kho wished? Take the record. On that question: there are 56 Ayes: 2 Nays, none voting Present. And House Bill 3683, having received the required constitutional majority, is hereby declared passed. 3690. Oh, I'm sorry. Senator Pawell.

Thank you very much. I have an extreme honor today. It just so happens that in -- in Glen Ellyn we have an abundance of excellent teachers, but this year the teacher of the year was chosen from Glen Ellyn. She teaches at the Benjamin Pranklin School. As -- as some of you may remember, we passed a resolution last year congratulatin: her when she was originally chosen. had khe privilege of attending a banquet Where she Was honored, and I Would like to introduce teacher Joyce Carry from Glen Ellyn, and allow her to say a few comments to us. Thank you very much.

(Remarks by Joyce Carry)

PRESIDING OFFICER: (SENATOR D'ARCO) Thank you very much. House Bill 3695. Eenator Philip. Read the bill: Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3695. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR D'ARCO) l08  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Senator Phllip.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3695, as amendedg basigally does three bhings. It includes the inspection area - would include all of Cook, all of Dupage; all of Lake, a1l of Kane: and all of Will. It changes *he amount of times, or frequency, on when you have to have your car tested. As you know, noW we bave to have tested yearly. This goes from three years, five years, seven years, and after that, every year afterwards. So that would -- that would not affect your warranty. In other wordsy you'd have your car probably tested twice before it went out of warranty. If it -- you could take it back if it was not operating properly. Secondly -- thirdly, I should say: a fleet of more than fifteen cars - they can have on the spot inspection in their faeility. This -- these amendments have been worked out with tbe Illinois EPA . I'd be happy to answer any questions. I Would hope I would see some considerable Yes votes up Ehere.

PRESIDING OFFICER: (SENATOR DIARCO) Any discussion? Any discussion? If not, the question is, shall House Bill 3695 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wished? Have a1l voted who wished? Have al1 voted who kished? Take the record. On that question, there are 46 Ayes, 10 Nays, none voting Present. And House Bill 3695: havin: received the required constitutional majority, is hereby declared passed. House Bill 3699. Senator Demuzio. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3699. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR D'ARCO) 109  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Senator Demuzio. SENATOR DEMUZIO: Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 35 -- 3699 is a bill that would set up a mechanism for county treasurers to establish a training program for -- for county treasurers. It would require the treasurers to apply for admission, and for a program that Would take Within -- they would have to apply within sixty days after assuming office. The Comptroller's Office would be the office that would be providing for the trainingy and it also increases a stipend, from the stipend that they already received, from thirty-five hundred to five thousand if they complete the course. I know of no opposition. Would ask for your support. PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, the question is, shall House Bill 3699 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wished? Have all voted Who wished? Have a1l voted who wished? Take the record. On that question, there are 50 Ayes, 4 voting Nays, none voting Present. And House Bill 3699, having received the required constitutional majority, is hereby declared passed. House Bill 3720. Senator DeAngelis. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. NAQRY) House Bill 3720. ' (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR D'ARCO) Senator DeAngelis. SENATOR DeANGELIS: Thank you -- thank you, Mr. President. Senate Bill 1370 <sicl came out of the Audit Commission. It's a bill designed to limit the authorities of the Sports Pacility Authority in the issuance 110 l  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 of any further bondsz particularly if they are for the construction of another stadium. It was amended to allow some leeway to the Authority to, in fact, issue bonds in the event had a disaster or in the -- for its own facility, or to, in fact, allow the completion of the Comiskey Park facility.

PRESIDING OFFICER: (SENATOR DIARCO) Any discussion? If not, the question is, shall House Bill 3720 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wished? Have all voted Who wished? Have a11 voted who wished? Take the record. On that question, there are 41 Ayes, 10 Nays, 1 voting Present. And House Bill 3720, having received the required constitutional majority, is hereby declared passed. 3722 is on the Recall List. 3727. Senator Carroll. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bil1 3727. (Seeretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate, Senator Keats in particular. This is a bond authorization bill. It is to keep it going. It has been reducedz so that if, in fact, there's any capital that ends up in the budget - thae -- that bonds to pay for those that have been agreed Eo can be actually sold and utilized. I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If nok, the question is, shall House Bill 3727 pass. Those in favore vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wished? Have al1 voted who Wished? Have al1 voted who wished? Take the record. On that question,  7 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 there are 50 Ayes, 7 Nays, none voting Present. And House Bill 3727, having received the required constitutional majority, is I hereby declared passed. Senator Davidson, for what purpose do you arise?

Mr. President, just so the record will show on 3699, I voted in error. I should have had a No vote on that vote, and I just want the record to show that I Would have voted No.

PRESIDING OFFICER: (SENATOR D'ARCO) I don't know. The record will so reflect. House Bill 3755. Senator Berman. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3755. (Secretary reads title of bill) 3rd Readin: of the bill.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3755 permits the Department of Public Aid to address the needs in skilled nursing facilities and intermediate care facilities, to accommodate those facilities that have kosher kitchens. The amendment that Was adopted provides for the reimbursement of an additional amounk of money, to the extent of fifty -- fifty cents per resident per day, in those facilities. 1911 be glad to respond ko any queskionsg and ask a favorable vote.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Netsch. Any discussion? Any discussion? If not, the question is, shall House Bill 3755 pass. Those in favory vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wished? Have a1l voted who wished? Have all voted who wished? ' 1l2  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20: 1990 i Take the record. On that question, there are 57 Ayes, no Nays, none votin: Present. And House Bill 3755, having received the required constitutional majority, is hereby declared passed. Senator Netsch, for what purpose do you rise? SENATOR NETSCH : Thank -- thank you, Mr. President. I had tried to get your attention to make the same pointz that I think Senator Davidson had made on another bill, With respect to 3727. It was my intention to vote No or Present, and I hit the wrong button. PRESIDING OFFICER: (SENATOR D'ARCO) The record will so reflect. 3771. Senator Holmberq. Senator Demuzio, for what purpose do you arise? SENATOR DEMUZIO : Well the point of personal privilege, I guess. If we had any more of that, maybe we ought to take another roll call. PRESIDING OFFICER: (SCNATOR D'ARCO) All right. 37 -- 3771. Senator Holmberg. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) House Bill 3771. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR D'ARCO) Senator Holmberg. SENATOR HOLMBERG: Thank you, Mr. PresidenE. This is the bill Lhat sets up the procedures by which on-site child care services for State employees are neededz when a State agency has constructed, acquiredz or leased a11 of a substantial portion of a building in which more than fifty persons shall be employed, other than a renewal of an existing lease. The bill is consistent with recommendations of the Governor's 1987 Task Force on day care - 1l3 ' g  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 that as a major employer in Illinois, the State should develop and implement a plan to expand ehild care opportunities for a11 State employees, and that it should assume a leadership role in providing child care support. The Governor has established a special advisory panel to assure implementation of that report. As it came out of committee, there were some suggestions for how we might be able to meet some of the questions that CMS had. And we've talked to all of the concerned parties, and we -- it noW requires a demonstration of need for child care services, before the employer commits to on-site services. And it also specifies what compromises <sic> (comprises) that proof of need. And at this time, I know of no objeetions.

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

First, the administration is -- is opposed to the bill. Secondly, a question as I was reading the analysis. says, ''Unreimbursed expenses.'' We set tbese up. Does this set up any mechanism for the people who are using these facilities to pay just like in the private sector, do they pay for 1t? Does mandate it, or just make it possible?

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

Yes. Once the site has been acquired, it is up to those particlpaking Eo carry the full expense by the amount they pay per child .

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

So you are saying these are not subsidized facilitiesy but the State does pay for the facility and constructione et ceterae bu* 114  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 the ongoing cost. So they lre subsidized in terms of capital, but not subsidized ln terms of ongoin: operations. Okay. With that, I would still stress the administration is opposed to it# and the subsidy's limited, then, only to the capital costs, and not to the operation.

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

Well, you know, welre starting a new program now. ïou know -- tell me one State of Illinois buildin: where We have enouqh spaee in. Has anybody looked at What We rent outside of our own facilities? Now what you are saying, that every facility has to contain space for a day-care center. And you know who 's paying for that? The taxpayers of the State of Illinois. It's a bad idea. We shouldn't vote on it. There are a 1ot of independent people who have day-care facilities who are out there paying taxes, employing people, with a very good service. And What you intend to do to these poor people who are running these small businesses is put them out of business. He should not be in the business of day care in the State of Illinois. It should not be our policy. It's ehe Wrong way to go. And the administration is once again right, and we ought to say No.

PRESIDING OFEICER: (SENATOR D'ARCO) Senator Holmberg. To -- you can close, Senator Holmberg.

Thank you.

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

Excuse me. I apologize. Question of the sponsor. It has to do with liability, you know, if a private facility exists, and has day-care facilities, they have liability - they pay insurance. l15  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 mean theydre business people, just like everyone else offerinq a service that's needed. don't see anything in here that says the State has a liability. So in reality, we are - the State competinq against private peoplez and giving ourselves an advantage, by making sure that they have to pay the liabiliky insurance, and we don't. That's what it appears to be.

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

If T may respond first of all to Senator Keats, and to Senator Philip. The State now has one day-care facility at the -- at the Willard Iee Buildingy Department of Revenue. That was bid on by private contractors. We are not putting the independents out of business, we're allowing them to bid for the contract, and to accept the liability, to be part of those facilities. I think the bill, as amended, is fair. And kt is only based on When there is a need that comes from the employees in a request. It does not automatically trigger that CMS must put one in every single building. We worked very hard to take that language out of the bill. This legislation simply recognizes that the kork force has changed. That office setups do not reflect the change in society. The family no longer consists of the father as the sole breadwinner, with the mother remaining at home to care for the family. Today, seventy-three percent of women of childbearing age are in the work force. The typical family is noW headed by a sinqle parent, and two working adults. Certainly the Skake should respond to the Governor's Task Force and begin to implement this kind of policy and provide space that prkvate contractors can bkd on to provide day care in our State ageneies.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. The question is, shall House Bill 3771 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. l16  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Eave a11 voted wha Wished? Have a1l voted Who Wkshed? Have al1 voted who wished? Take the record. On that question, there are 39 Ayes, 15 Nays, none voting Present. And House Bill 3771, having received the required constitutional najority, is hereby declared passed.

Top of Page 18. On the Order of House Bills 3rd Reading is House Bill 3793. Read the bill, please.

ACTING SECRETARY: (MR. HARRY) House Bill 3793. (Secretary reads tltle of bill) 3rd Reading of the blll.

Senator Daley.

Thank you, Mr. President and Members of the Senate. House Bill 3793 would give the RTA a continuing appropriation which has parallel treatment with cities and counties. Currently the RTAfs receiving annual appropriation. The bill also chanqes the Department of Revenue's payment of RTA sales tax . Instead processing a once-a-month check, the Department Would prepare a single advance payment from the RTA sales tax receipts each March. And subsequent years, the size of the annual payment would be -- would be reduced by prevlous year payments. I'd be happy to answer any questions.

Any discussion? not, the question is, shall House Bill 3793 pass. Those in favor will vote Aye. Opposed, vote Nay, and Ehe voting is open. Have a1l voted Who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none votinq Present. House Bill 3793, having received the required constitutional majority,  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 is declared passed . 3815's on the Recall. 3816. Senator Berman. Read the bill, please.

ACTING SECRETARY: (MR. HARRY) House Bill 3816. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Berman.

Thank you, Ladies and Gentlemen -- Mr. President: Ladies and Gentlemen of the Senate. House Bill 3816 provides that first-time offenders who commit residential burglary may be sentenced to a term of probation including home confinement and restitution. Thîs bill ks the product of a number of organkzations and individuals who have tried to address the problems of overpopulation in our prisons, and, yet, to provide a method for rehabilitation, so that we don't just send somebody away; they serve some time; they come back out, and their back committing crimes on the street. T'd be glad to respond to any questions, and solicit your Aye vote.

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

Mr. President and Members of the Senate, I rise in opposition to this bill. Wasn't too long aqo that We passed, with almost unanimous vote, khe mandatory sentence on convickion of home burglary. Because at that time, established across the nation on a first-time conviction, they got probation. The average person had committed eighteen to thirty felonies of house burglary before they were convicted. Some were caught the first time, some are never caught. After We passed this, there was dramatic decrease - decrease - in the number of home burglaries. This is 118  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 changin: what you people, in your judgment, felt was a good bill not too many years ago four or five, I forgot just which it is# maybe six. But this is not the right approach. If ycu 've been subject to a home burglary, as I and many other Members sitting in this Chamber or in the gallery have, I think you understand. I recall very vividly, my neighbor whose home was broke into when she was -- went to the hospital to pick up her husbandz who was being discharged from a heart attack. The place was totally, almost destroyed. And Eo the day the gentleman passed on, you could bang hard on his door and he Would jump, just from the fear that still existed from a home burglary. I urge a1l of you to vote No.

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

Thank you, Mr. President. If I may, I'd like ko ask -- ask the sponsor a question, and then have a comment.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates helll yield.

Senator Berman, has there to this date that you know about, are there any statistics that show first-time burglary offenders? And how many of these people are repeat offenders? So if someone wants to come and burglarize my house, and we'd 1et him go on something like this, they'd be on probation, what are the chances of him coming back and doing it to someone else? Do we have any statistics that -- that We have currently to show us how many first-time offenders are incarcerated because of a second offense?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman. Senator Berman.

I'm -- Senator Raica, I'm -- I'm reading over a memorandum l19  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 that I have here from the Justice Fellowship Advocates. The -- the numbers that I have on -- on this memorandum - let me give them to you, and I'm not sure that they directly respond. The Illinois Department of Corrections indicates in the period of July to March of Fiscal 1990 there were seven -- seven hundred and fifty-five residential burglars initially classified at their reception centers. Forty-eiqht percent of them were first-time prison commitments. Of that number, fifty percent were first-time adult felony convictions. It is that category - the fifty percent of the fifty percent, Which Would be one-fourth - who this bill is addressed at. The -- they have statistics that shows that intensive probation, which is this bill, versus incarceration is very effective. Over sixty percent of those offenders who -- who successfully complete intensive probation supervision do not return to a life of crime. Whereas, on the other hand, over sixty percent of those offenders released from prison - and I think this is the answer to your question - over sixty percent of those offenders released from prison commit neW offenses within the first nine months after being released. That's the reason for this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Raica.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I -- I really have a -- a concern, Senator Berman. In my area where I reside, in the southwest side of Chicago, burglaries have increased dramatically. And I feel for the police officers that are out there trying to do a good job, every day. And I don't want the police officers to think that something that I aan do here, where they go out and they risk their lives every day, and they arresk an individual for burglary, and the potential of that individual being released once again to commit a neW erime 120 1 1 i STATE OF ILLINOIS I 86th GENERAL ASSEMBLY I REGULAR SESSION I SENATE TRANSCRIPT 1 i 105th Legislative Day June 20, 1990 is, as far as I'm concerned, not a pat on the back to the police officers in the State of Illinois. Everyone Wants to protect their home and -- and their familyr and -- and I just Want to keep the police officers back home doing a good job. And therefore, I'm going to have to ask that we defeat this bill. PRESIDING OPFICER; (SENATOR LECHOWICZ) The Lady from Dupage, Senator Fawell. SENATOR FAWELL : Thank you very mucb. Will the sponsor yield for a question? PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will. SENATOR FAWELL: There's nothing in tbis bill that prohibits a judge from sentencing anybody to jail, is there? I mean, for instance, I -- I -- if there was a case such as Senator Davldson was talking about, eouldn't that person be sent to jail? PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Berman. SENATOR BERMAN: Yes. PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Fawell. SENATOR FAWELL: Recently, I had someone break into my house, and I happened to be home at the time - they didn't realize I Was. It was three kids. I told the police to scare Ehe living dayli:hts out of them , but then drop it. Because I knew , under the present law, these kids probably Would have been sent to jail, is is that correct? PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Berman. Berman. SENATOR BERMAN: l21  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Yes.

So, what you're saying is in some cases 1et the judges use their own judgment. If it's a sixteen-, seventeen-, eighteen-, nineteen-year-old kidy that's breaking in for whatever reason, and - - and chances are this is the first and only offense, particularly if the police do scare the living daylights out of them - which they did in my case - they dll probably not repeat their offense. If they go to prison, theyfre just going to learn how to do it better and not :et caught.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates bedll yield.

Senator, what -- a residential burglary -- would attached garaqe -- is that part of the residence?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

Yes.

What happens in a situation where you have a - and you're going to have to advise me on this - an age limit of a young kid comes in and takes a bicycle? Is he noW subject to incarceration?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

Tf he 's tried as an adult, he eould have to receiveg under our existing law, a four-year prison sentence. 122  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Watson.

When would he be tried as an adult? Is there an age limit, or just exactly when does it get established?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

I believe it's between -- between the ages of fifteen or eighteen, there is some discretion as to whether he's tried as an adult -- or seventeen, I'm sorry. Pifteen to seventeen, there's some discretion. Over seventeen, he's an adult. Under fifteen, he's a minor. And from fifteen to seventeen, there 's some discretion.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

So we 're talking about putting a kid away - seventeen-year-okd - who maybe comes in and takes a bicycle, lawn moWer, whatever it is -- has no prior record. You know, I -- I'm usually a 1aw and order guye and -- and T'm usually somebody kho will push the green button on -- on putting people away for a crimez but when we are talking about a a young man - young woman for that matter seventeen years of age, no prior record. With the prison population problems that We have now, mean they fre continually escalating, maybe this isn't -- in normal times khe legisla*ion I would support, but eertainly under eurrent situations that we are finding the Department of Correetions under, I think maybe is something that ouçht to be looked at. So I would think a green light would be appropriate.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Let me just point out to the Membership that joining us this 123  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 afternoon is Governor James Thompson. Governor, welcome to the Senate. The Gentleman from Cook, Senator Dudycz.

Well, thank you, Mr. President, Ladies and Gentlemen of the Senate. I'm not going ko get into a lon: speech about this one, althouqh I probably could for several hours. But I was a Chicago Police Burglary Detective for six yeats, and Senator Berman and Senator Watson, understand what you're trying to do here. Boy, you 're going about it the absolute wron: wayz and I think that -- I think we should vote No on this one. This is a bad way to go. This is not a -- a good way of giving the message out there. We're talking about hypothetical situations where a seventeen-year-old kid may be sent away, but in the real world, in my experience, every break is given to every offender. And before soneone is convicted of a residential burglary, my experience has shown that they were absolutely -- every benefit of the doubt was given to the arrestee, and I think this is absolutely the wrong way to :o . And I think we should all defeat the bill.

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

Question of the sponsor, please.

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

Senator Berman, in this Intensive Probation Program, Will that person be required to participate in community services, or some kind of rehabilitation-type programs? Counseling?

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Berman. SENATOR BERMAN) Yes. And in addition, let me point out: in addition to those l24  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l05*h Legislative Day June 20# 1990 good progressive types of programs, there is a mandatory six-month incarceration, either local jail, under the sheriff's jurisdiction, or in federal -- in the State prisons.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Collins.

Well, I rise in very strong support of this bill. It's similar to the Intensive Probation Program that we introduced here last year and year before last. We cannot continue on the course that we have in this Stake in relations to locking up, and constantly building more jails and more prisons. If we don't attempt to address this problem, and save some of these young people when they first -- on their first commission of a minor crime -- and I'm not underestimating estimating the importanee of the invasion of someone's private property. know that that is serious, and we a11 do eare about But whether it is that or some other first time offensey if we have khe opportunity to try and rehabilitate and turn that person around, so that that person does not proceed into a career of crime, which has been the case in most insEances

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me. Let's give the Lady your attention, please. Please continue, Senator Collins.

-- because we don't have any other viable alternatives. Maybe this is not the best idea, but it is working other states. And I think we, in the absence of having anything better, that we owe ourselves and the people out there - the citizens who pays the costs with their taxes, for incarcerating many of these people for the rest of their lives, because we didnît make an attempt in the beginning to give this program a chance. And so I would urge all of you to at least give these young people a chance, and vote Aye. l25  STATE OF TLLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20: 1990

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

Thank youz Mr. President. Ladies and Gentlemen of the Senate, when we passed Senator Davidson's bill, several years ago, that imposed a mandatory Eour-year minimum prison sentence for first-time offenders of residential burglary, we passed that in order to deliver a message. We wanted burglars - potential burglars - to know that they were qoing to go to prison; no ifs, ands or buts. And we were -- we felt that that would be a strong deterrent to residential burglaries. It hasnft Worked. Let me qive you some statistics. The Department of State Police -- the number of arrests for residential burglaries in 1988 went up by five hundred and fifty from 1987. The number of reported offenses, excluding Cook County, went up betkeen 1987 and '88 by three thousand seven hundred and nine. Adding the mandatory prison sentence has not been a deterrent to residential burglary. This bill applies only to first-time offenders. If a heinous situation, the judge still has the option of sending that first-time offender away to State prison for four years. This bill adds a new dimension of options for first-time offenders of residential burglary. It's a period of probation, which shall knclude at least six months of incarceration at the local jail or at a State prison, and a period - and restitution and programs to try to prevent recidivism, which is rampant today, even withy and even more so with, the Davidson bill. This bill was presented not by a bunch of do-gooders or people that khose heads are in the clouds. You know Bob Cook of Cook-Witter. He has been one of the leading forces in what is called the Illinois Justice Fellowship Task Force. This bill is, in addition, supported by the Illinois State Bar Association, the Illinois Correctional Association, the Illinois Probation Assoeiation, the John Howard Association, the 126  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20y 1990 Illinois League of Women Vokers, the Illinois Council of Churches, the Illinois Catholic Conference, the Metro Counties Urban Council, the Illinois Rural Council, the Illinois Urban Council. I suggese to you that what we passed isn 't Working, let's give the judges an option - an option, not mandatory, but an option to try to prevent recidivism in first-time offenders. I urge an Aye voke.

PRESIDING OPFICER: (SENATOR LECHOWICZ) The question is, shall House Bill 2816 pass. All in favory vote Aye. Al1 opposed, vote Nay. The voting is open. Have a1l voted kho wish? Have a1l voted Who Wish? Please take the record. On this question, there are 23 Ayes, Nays, none recorded as Present. This bill, having failed to receive the constitutional majority, is hereby declared lost. House Bill 3832. Senator Luft. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3832. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Luft.

Thank you, Mr. President. House Bill 3832 has two parts tc i*. One changes the schedule for establishing the variable rate for special fuel for commercial vehicles: from July 1 of tbe year, to January 1. And it also closes that loophole - when we enacted the Sales Tax Reform Act of 1988, we omitted the sales tax on motor fuel. What we, effectively, do with this part of the bill is to bring that from five percent, up to six and a quarter percent' the sales tax that is established on al1 other products in the State of Illinois.

PRESIDING OPFICER: (SENATOR LECHOWICZ) l27  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 Any discussion? The question is, shall House Bill 3832 pass. A11 favor, vote Aye. Al1 opposed, vote Nay. The voting is open. Have a11 voted Who wish? Have al1 voted who wish? Please take the ïecord. On this question, theze are 55 Ayes, no Nays, none reeorded as Present. This bill, having received the constitutional majority, is hereby declared passed. House Bill 3838. Senator D'Krco. Read the bill, Mr. Secretary. ACTING SECRITARY) (MR. HARRY) House Bill 3838. (Secretary reads title of bill) It's the 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator D'Arco.

Thank you, Mr. President. House Bill 3838 adds an additional ninety-day good time that a prisoner may receive when he is incarcerated ln our State prison. This bill was amended, because there was a feeling that certain crimes should be excluded from awarding a prisoner an additional three months of good time. So, originally it provided that first degree murder was excluded . Criminal sexual assault kas excluded. But a 1ot of people felt that child molestation should be excluded. So we excluded that. Then they felt that reckless homlcide while drivinq under the influence of alcohol should be excluded. So we excluded that. Aggravated battery of a spouse with a firearm - aggravated battery of a child - we excluded aggravated criminal sexual abuse. A1l of these crimes, and more, were excluded in the amendment we adopted yesterday. The reason we need this bill ln Illinois, is because of the tremendous overcrowding sttuatkon kn our State prisons. Ladies and Gentlemen, right now we are five thousand prisoners above capacity. In 1991 We Will be an additional four thousand prisoners above capacity. We cannot continue to house the 128  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 criminal population in the State of Illinois without experiencing dire adverse effects to the people of the State of Illinois to our constituents in the State of Illinois. Ladies and Gentlemen, this bill adds an additional three-month good time to an already existing Statute that provides for three-month good time, in addition to day-to-day good time, that a prisoner receives. The Director of Corrections has been lobbyinq for this bill because he understands the nature of the crisis. No matter how many prisons we build - and there are tWo more on line today - we are still going to experience a seventy percent increase over capacity in our State prisons; that's a phenomenal figure, Ladies and Gentlemen. This is the only way to deal with the problem. Get this :uy out three months earlier than he would have gotten out: and solve some of the overcrowding problems in our State prisons.

PRESIDING OFFICER: (SENATOR LECHOWICZ) WTTW requests leave of the Body to permit to shoot pictures. Hearing no objections, leave is granted. Is there any discussion? The Gentleman from St. Clair, Senaeor Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I agree with Senator D'Arco. I was just -- you know what a serious problem we got now trying to do the budgek, that we 're working on now. With all the prisons that we have built, and it seems like we have been building one every year. But understand from reliable source, in order to just keep pace-in the nexk four years webre golng Eo have ko have elghk hundred million dollars for new prisons. And where are we going to get this money? I think that well-thought-of, well-deserved to say to increase khis good time, so I would add, and ask for an affirmative vote for this legislation.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Cook, Senator Dudycz. 129  STKTE UP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990

Yes, Mr. President, question of the sponsor.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates hedll yield.

Senator DfArcov notice that you have an extensive list of the crimes that have been exeluded, like the murder, the sexual assaults and the battery of the spouse. I don ft see, like -- crkmes like armed robbery or robbery -- robbery on your -- are they excluded?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator D'Arco.

No. You knowy the point -- the point is you can't exclude -- iE you exclude every crime in the world y What's the purpose of the bill? We tried to confine ourselves to some of the most heinous crimes. You know, you exclude every crine then the bill is meaningless.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Dudycz.

Well, I think that armed robbery, Senator, is just as heinous as some of these others khat are -- are lisked. Under currene law, inmates can earn good conduct credit for each day of eredit that is reducing khe inmates period of inearceration by one day. And our staff analysis says that, ''The inmates may also be awarded up to ninety days of good conduct credit for meritorious service . '' That's -- that's in there now. With this bill, it Would increase the amount of credit which they may be awarded for meritorious service to a hundred and eighty days, whieh qmounts to six months. Ladies and Gentlemen, under this proposal, someone sentenced to tWo years tWo years in the federal or in the State l30  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 penitentiary - could end up serving only six months in prison. don'k think this is the way that we want it to go. I don't think this is the messaçe that we want to give. I think we should defeat this one, just like we did on Senator Berman's 3816. And let's give ik all a red voee.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Rock Island, Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I Was prepared, originally, to vote against this bill, until the amendment come on. think the amendment makes this truly a get-kough-on-crime bill. Becausey instead of allowing everyone to get out, at least, we're just going to make sure that those that qet the early release are going to be of minor crimes. And, you know -- and we keep talking about keepins 1em in prison, and good Lord only knows, naybe we should kill 1em all. Who knows. But the issue is, we're not doing a very damn good job: the way it is: of rehabilitating, wbenever theydre in that extra six months, or that extra ninety days. And kf an extra nknety days is gotng to make a difference between rehabilitation, and not, then maybe We beeeer just start sentencing everybody to ninety days, and Work hard at it.

PRESIDING OFPICER: (SENATOR LECHOWICZ) The Gentleman from Cook, Senator DeAngelis. SENATOR DeANGELIS: Yeah. Thank you, Mr. President. Question of khe sponsor.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates hedll yield. SENATOR DeANGELIS: Senator D'Arco, who makes the decision on whether this is to be allowed or not?

PRESIDING OFFICER: (SENATOR LECHOWICZ) 131  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Senator D 'Arco.

The wardeng I would assume.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Well, thàs is a Lough bill to vote for, beeause youfre going to be perceived as being a little soft on crime. But there is no disputing the fact ehat the longer khe people stay in prisony the more likely they are to return. And if there is somebody that might show promise of rehabilitation, keeping ehat person there longer ts not going to keep that person from eoming back. In fact, it might encourage that person to return. So I'm goinq to support this bill.

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

Well, I -- Mr. Presidentz Ladies and Gentlemen of the Senate. I Wasn't going to speak, but crime is crime, it's just like pregnancy. You're not a little pregnant, youdre either pregnant or youdre not at all. So I -- I'm forced to speak against the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator D'Arco, to close.

I'm trying to follow *he debate, but that one los: me.

PRESIDING OFFICER: (SENATOR LECHOWICZ) You dre not the only one.

As -- Senator Dudycz, if you received a Ewo-year sentence today, and you were able to get out in six months, under this bill: without this bill you'd be able to 9et out in nine months. 132  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 So the point that I'm trying to make, is that we are talking about an additional three months time only. We're talking about a man gets out in two yearsy instead of getting out in a year and a half, or two years, he gets out in an additional three month earlier time. That is the whole blll. It's not like wedre giving him so much more time than the amount of time that he was originally incarcerated for. All wedre adding is three months to the meritorious good time that he presently can receive under the Statute. This bill is necessary because of a tremendous overcrowdin: population in Illinois prisons. Ladies and Gentlemen, standing behind me ls the Director of Corrections. He is takin: a very keen interest in this bill, because he is faced with this problem every day that he attempts to administer a prison population that is on -- on the brknk of a tremendous overcrowding problem. That's what he's faced with every day. We can sit here in this Chamber and talk about crime: and talk about how we have to put hardened criminals behind bars - khich we do. Everybody aqrees, if a man deserves to be incarcerated then he should be incarcerated. But this man is facing the practical, everyday realities of what incarceration means. And he's telling us - I've got figures to show you people - ''that the prison population -- population is bugeoning Ksic> (burgeoning) to the point where it is becoming uncontrollable and unworkable for me to administer.'' And he's askin: us to do something about the problem. And thatls what this bill is a11 about. An additional three months qood time for somebody, in order Eo make his job more controllable and reasonable. I ask for a favorable vote.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Question is, shall House Bill 3-8-3-8 pass. A1l in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a1l voted who Wish? Mr. Secretaryy please take the record. On this question, l33  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 there are 36 Ayes, 18 Naysz l recorded as Present. This bill, having received the constitutional majority: is hereby declared passed. House Bill 3-8-4-3. Senator Fawell. 3-8-4-3. Senator Fawell. Hello. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3843. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell.

Thank you very much. This bill does five things; requires a fifty-dollar fee for filin: a demand for a jury trial in ordinance violation cases, which are punishable by fine only; two, authorizes various additional fees for clerks in the circuit court in counties over six hundred and fifty thousand in population; three, authorizes counties to impose -- and circuit clerks to collect court document fees for the expenses of a document storage system ; four, allows Dupage to exempt Dupage traffic citations, because they charge a similar fee for the same thing; and five, accelerates the circuit court clerk's pay raises. 1.11 be glad to answer any questions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 3-8-4-3 pass. All in favory vote Aye. All opposed. vote Nay. The voting is open. Have al1 voted who wish? Have a1l voted who wish? Please take the record. On this question, there are 55 Ayese 1 Nay, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 3852 is on the Recall List. 3853 is on the Recall List. House Bill 3874. Senaeor Madigan. Read *he blll: Mr. Seeretary.

ACTING SECRETARY: (MR. HARRY) l34  STATE OF ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 House Bill 3874. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Logan, Senator Madigan.

Mr. -- thank you: Rr. President and Members of the Senate. House Bill 3874, as amended, now does three things. retains the original lanquage of the billy which Would allow a member of the public to serve on the 9ll Board. It also exempts small telephone companies with fewer then twenty-five thousand customers from the rate makin: provisions of Ehe Act, which that limit is currently fifteen thousand. And lastly, it adds language to clarify the ICC'S responsibility and authority regarding the consideration of alternative forms of regulation for telecommunication carriers. This is permissive language. It does not cause any chanqe in the commissions normal and present procedures, but merely clarifies the commissions responsibility and authority. Be glad to try to answer any questions, and after that would ask for adoption of this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 3874 pass. All in favor, vote Aye. All opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Please kake the record. On this question, there are 59 Ayes: none Nays -- no Nays, none recorded as Present. This bill, havlng received the constitutional majority, is hereby declared passed. House Bill 3-8-9-6. Senator O'Daniel. Read the bill, Mr. Secretary.

ACTING SECRETARX: (MR. HARRY) House Bill 3896. (Secretary reads title of bill) 3rd Reading of the bill. 135  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1G5th Le:islatkve Day June 20: 1990

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator O 'Daniel.

Thank you, Mr. President, Members of the Senate. House Bill 3896 excludes from the definition of sale of service: servicemen engaged in graphic arts production. The bill is an initiative of the Illinois Press Association and the Printing Industry of Illinois: who point oue, that as printers, unlike other service persons, cannot sell -- sell property apare from their service. Any questions, 1111 attempt to answer them, if not: I'd ask for its passage.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any diseussion? The question is, shall House Bill 3-8-9-6 pass. Al1 in favor, vote Aye. Al1 opposedy vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Please take the record. On this question, there are 56 Ayes, no Nays, none recorded as -- and 1 recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. On top of Paqe 19 appears 3-9-0-2. It's on the Recall List. House Bill 3-9-1-4. Senator Watson. Watson. House Bill 3-9-4-0. Senator Demuzio. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3940. (Secretary reads title of bi11) It's the 3rd Readin: of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Demuzio.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3940 is -- the special education groups had came in and made a request - and I think lt's a reasonable request to tie the reimbursement -- their reimbursement to an annual escalator, l36  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 2Q. 1990 so that they don't have to come in here, like we do generally, and - - and pursue new legislation each year. What this would do, would require the reimbursement for personnel in special ed at twenty-six percent of the previous year's Statewide average special edueation salary. And the reimbursement for noncertified employees would be twenty-nine hundred annually per employee. The bill came out of committee unanimously. I know of no opposition at the moment. The fiscal impact next year is something like six hundred and nineteen thousand dollars, my menory serves me correct. And I would ask for your support.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Any discussion? Gentleman from McLean, Senator Maitland .

Thank you very much, Mr. President and Members of the Senate. rise in support of House Bill 3940, and would only suggest to you that there is no fiscal impact in FY'91, and 1Y '92 is the first fiscal impact of some six hundred and thirty-nine thousand dollars. And I seek your support as well.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Demuzio, to close. The question 1sz shall House Bill 3-9-4-0 pass. A11 in favor, vote Aye. All opposed, vote Nay. The voting is open. Have al1 voted who Wish? Have al1 voted who wish? Please take the record. On this question, there are 58 Ayes, no Nays, none recorded as Present. This bill, havin: received the constitutional majority, is hereby declared passed. House Bill 3-9-5-2. Senator Joyce. Read the bill, Mr. Seeretary .

ACTING SECRETARY: (MR. HARRY) House Bill 3952. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce. 137  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Thank you, Mr. President. This does exactly that, it creates the Organic Labeling Act, so that folks who wish to buy organic foods will know that that is exactly what they're buyinq. Currently, you can label it whatever you want to. Also, this asks the Department -- or tells the Department of Agriculture to put ginseng in their marketing program. And I1d be happy to answer any questions.

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

Wellg Mr. President, it's very -- very difficult to decide where you 're going to start to attack somethin: of this kind, but frankly, I think some words should be said on the other side of khis issue. Whatîs being asked for, in this particular legislation, is to set up some type of a system whereby we quarantee something to folks that really doesn't mean anything. Now we have grading systems for beef and meat products - and think in certain states we even have those for vegetables and fruit products and so forth - vhereby the consumer, if something is listed as being choice, or grade A, or something of that kind, -- means something - it means a quality standard. Here khere is no quality standard. Here wedre talking about only the conditions under which a product will be grown. Which really do not coneribute, in any way, to the final product. They do not conEribute Eo the quality. Does not contribute to the purity, or Ehe flavor, or the wholêsomeness. Nothing like that is being suggested, only the system under Which it is grown. Some people have the feeling that maybe you use certain chemicals on products *hae they 're not wholesome - simply not true. think' without question, our government -- our people in -- in this country do have the most wholesome products, the finest products 138  ETATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ( 105th Legislative Day June 20, 1990 ( of any place in the world. And to suggest that We need somehow, to set up some kind of a standard, to provide some artificial means, to proclaim something that really is of no value, it seems to me wefre kind of violating some truth in labeling. So: since it really doesn 't do anything, since we're -- we're we are implying that somehow maybe this product is better than other products, which is a falsehood, I don't know why We want fo :et into this kind of a system. I think it's time that we stood up and -- and partkaularly our land grant colleges, and others, and proclaim the wholesomeness of the product that we are produeing at the present time, and be proud of what we're doinq, and not try to give some source of comfort to some folks that maybe don't even understand how you produce kholesomeness and goodness in -- in an agricultural product. So I think ik's just simply legislation that's not Worthy of adoption.

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

Thank you very much, Mr. President and Members of the Senate. I -- I personally believe this may be one of the most important votes that this Chamber may cast this Spring, and I -- I mean that. And I -- I -- I try to distinguish whether or not I make that statement because I'm a farmer or not. But I think 1, indeedy make it# just because I have a strong belief in the system that we have, and the kind of products that are grown, Whether Ehey are grown by Maitland or somebody else. When this bill was first debated in committee, 1: quite frankly, thought I might support it, untll I heard one of the people testifylng ln support of the bill who said, Ladies and Gentlemen, who saîd, MThat we Want to be able to identify the pure food from that that's something other than pure.l' And I take offense to that, as a livestock producer, as a grain farmer, I really do. I think I am 139  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 an organic farmer. I mean hoW else do you grow -- how else do you grow crops? And the chemicals that I use on my crops are desiqned and manufactured so as to not cause injury to anyone either the grower, or the person who is consuming that food. If we didn't qrow food tbe way the American farmer -- the American producer does today, folks, we wouldn't have a food supply. And really resent, and you should resent, someone making the implication that the way in which welre feedin: our country is somethinq other than pure, and we ought to identify food grown organically in some other fashion. strongly urge your consideration of this bill, and to vote in opposition.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Jefferson, Senator O'Daniel.

.. . Thank you, Mr. President and Members of the Senate. think Senator Rigney and Senator Maitland both are overreaeting a lot. This bill doesn't do anything like that. Al1 it does is -- is identify the food -- if it's organically grokn. You know, - - it doesndt say a thing like what they are talking about. The bill -- there's a certain part of our society -- or people that -- that Want food that's raised without chemicals, or anythinq of that nature. Myself, I love food thatls raised With chemicals, and doesn't have wormholes in applesz and things of that nature. But this bill doesn't do anything, other than just identify the food - that it's been grown without any chemicals, herbicides: pesticides, fertilizer, and if people want ko do that, so be i*. This bill doesn't do anythin: to create anybody any problem.

PRESIDING OPPICER: (SENATOR LECHOWICZ) The Genkleman from Rock Island, Senator Jacobs.

Thank you, Mr. President, Ladies and Gentleman of the Senate. -- I don't know, I guess I Was in a different committee meeting 140  STATE OF ILLINOIS 86th GCNERAL ASSEMBLY REGULAR SESSION SZNATE TRANSCRIPT 105th Legislative Day June 20p 1990 than what some of my eolleagues on the other side of the aisle Were .

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me, Denny. Please proceed.

There -- you know, during the committee I never heard some of the language that is bein: thrown around - and maybe some of the other people did - as to pure versus unpure. think what we had in that case was a young lady who, by her own preference, felt that the organic growing of of crops and the feeding of that to animals is more pure. I don 't think that there ls any -- any any attempt to -- to put an image on the food thae we grow, or the crops that we growy or the cattle thak we feed to be unpure, or to be less wholesome. I don't think that's the ease at all. However, if we Want to get into that issue, we can raise the fact that there are some countries that we cannot sell our our animals to, because of steroids and a number of other things that we use. I just think that in -- in a1l candor itls a good bill. It's one that we should -- should support.

PRESIDING OEFICER: (SENATOR LECHOWICZ) The Lady from Dupage, Senator Fawell.

Thank you. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates be Will.

- - I gather, basically, what we're talking about is if a food has got certain chemicals on it, then that could not have the label as being organically -- grown. Is that -- is that --

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

l4l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20r 1990 Well, as -- as best can hear - khich is not very well, have such a cold - but al1 this bill does is sets up a system , that will be governed by the Department of Agriculture, saying that this food is organically grown. And it's no different than how food is labeled whether it's kosher or not. It is exactly the same thing. It has nothing to do kith anything else. It doesn't have -- it doesn't say that Senator Maitlandfs food is qrown with chemicals - and this isn#t. A11 this does is say: HYes. This food, right here, is eertified organically grown.'' That's all.

Okay. How then how in the World -- who is going to guarantee that? Is it the State? Because -- or are We going to have to have somebody watching to make sure that it is not?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce. SENATOR FAWELLJ That there are not chemicals sprayed on it.

Well, you have the label, it has to be. The Department of Agriculture supports this. They are the ones that will set up the this structure on how this will be organically qrown.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question ks -- Senator Joyce, to close.

Well, thank you, Mr. President. I -- I -- I feel khat some people are taking this bill to mean something it truly isn't. Welre talking about Illinois agriculture. Wedre probably the best in the world. Mainly beeause we happen to be in the best climate in the world, and have the best soil in the world. But, you know, some of the folks in here think that just because this ls tbe way We do it, that has to be the way it's done. Let me tell you, we can't export meats to the Common -- to the European Common Market, l42  STATE OP ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20y 1990 right nog, because of the this -- the steroids that we're putting in them. Some people don't want to buy meat with that in Some people don't want to buy apples that are sprayed. Some people don't want to buy their food that has some sort of chenicals on it. You know, I don't particularly go along with that train of thought, but if that's what they want, that's fine. We have a1l kinds of great soil, and a great climate. in this State, and our farmers ought to be able to grow whatever they want to, and sell to whatever customer they want to. And if people want to buy khat kind of a product, think we ought to provide them with the -- the assurance that that is What theydre going to buy. And I would ask for an Aye vote.

PRESIDING OFPICER: (SENATOR LECHOWICZ) The questkcn ks# shall House Bkl1 3-9-5-2 pass. A1l in favor, vote Aye. A11 opposed, vote No. Voting is open. Have all voted who wish? Have a1l voted Who wish? Have a1l voted Who wish? Please take the record. On this question, there are 38 Ayes, 21 Noes, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 3-9-5-9. Read the bill, Mr. Secretary.

ACTING SECRETARX: (MR. HARRY) House Bill 3959. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Eenator MaiEland.

Thank you very much, Mr. President and Members of the Senate. House 9il1 3-9-5-9 is the same bill khat I passed out of here some weeks ago as Senate Bi1l 2058. And lt does: teally p cne other thing, in response to a request by Senator Donahue. It does address tWo school districts ln her legislative district, and l43  STATE OP ILLINOIS 86th GEXERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20. 1990 allows for the consolidation grants. know of no opposition. would be happy to answer any question, Would and would otherwise seek your support.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 3-9-5-9 pass. A11 in favor -- Ifm sorry, Senator Joyce. Senator Joyce.

Yes. Thank you, Mr. President. The -- it allowed consolidation grants, is that what you said? To school -- two school districts?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Maitland.

Yes, sir, that is correct.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

Is there any money for that in the -- in the fund that's that we have, right now?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Maitland.

Yes, sir, khere is.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Joyce. SENATOR J.E. JOVCEI I've had some school -- a school district that's been trying to get money from this for the last two years, and the Governor vetoes that, and says there's no money in that particular fund.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Maitland.

144 I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 don't know really what you fre talking about, Senator Joyce. There -- khere there was a time when we were deficient in that fundz but I think in the last two or three years we have actually overappropriated - that's -- that's the case khis year. There's abouk six million dollars in that line item. Right now, We have obligatkons of about 4.7 mkllkon dollars. This obligation is abouk three hundred thousand dollars. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce. Any further discussion? The question is# shall House Bill 3-9-5-9 pass. A11 in favor, vote Aye. A11 opposedz vote No. The voting is open. Have a11 voted Who Wish? Have a11 voted who wish? Please take the record. On this question, there are 56 Ayes: no Naysz none recorded as Present. This bill: having reeeived the constitutional majority, is hereby declared passed. 3962 is on the Recall. And let's go back to -- with leave of the Body, wepll get back to House Bill 3-9-1-4. Senator Watson. Read the billz 3-9-1-4. ACTING SECRETARX: (MR. HARRX) House Bill 3914. (Secretary reads title of bill) 3rd Readinq of the bill. PRESIDING OFPICER: (SENATOR LECHOWICZ) Would the candidakes please sit down over there? END 0F TAPE TAPE 4 PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson. Senator Watson: please. SENATOR WATSON: 145  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legkslative Day June 20, 1990 Thank you, Mr. President. Appreciate you going back to this order of business. What's going on in my particular area, is a situation in which St. Clair County has been negotiating with Citicorp in an attempt to bring that particular home office to Illinois' side of the river. This -- this legislation has several restrictions in it. It would have to have, at least, one thousand full-time jobs, and a minimum private investment of fifty million dollars in order to -- to comply. The application then must be signed off by the Department of Commerce and Community Affairs. This has no impact at a11 on State revenue. This is only a property tax TIF district. What we're tryin: to do, is enable tbe local county of St. Clair County to provide some incentives to Citicorp, who is looking at two other states besides Illinois. And obviously, we're -- we're talking about a major impact in employment, in economic development for the entire Metro-East area. They're talking -- or in the neighborhood of tWo thousand jobs and a seventy-million-dollar project. So, it's -- it's a big issue in our area, and of course, is supported by all the legislators from the Metro-East area. I'd be glad to -- Wellz we had several amendments that we offered. One, as I mentionedy included, for Senator Dunn, the Will County area. Another addressed an issue that is of concern to many communities that have TIF districts, in that in a a existing industry or existing business could not move from the current municipality into a TIF district and have a negative impact on the sales tax flow Eo that community. That's a concern that many communities throughout this State have addressede and we tried to correct that languaqe in this particular bill. be glad to answer any questions. Otherwise, I would appreciate your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from St. Clair, Senator Hall.

146  STATE OF ILLINOIS ! 86th GENERAL ASSEMBLX REGULAR SESSION SENKTE QRANSCRIPT 105th Legislative Day June 20, 1990 Thank you, Mr. President and tadies and Gentlemen of the Senate. Senator Watson is absolutely right in What he says. But I just want to add this, and many of you may not know, St. Clair County is the oldest county in the State of Illinois. At one time, Chieago was in it. And then at one time went a11 the Way to Canada. It's great history with this St. Clair County . Watson, you're doing a great job. I hope everybody suppoEts it.

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

Thank you, Mr. President. Senator Watson, I

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rea. Rea.

- - I apologize for this late indication. We have no trouble With the basic billy that's a11 been worked out, as you understand. The one concern have is my -- I gather that the amendment that was put on yesterday, wbich applies everywhere, having to do with TIFs and enterprise zones -- the -- Chicago thought they -- it might have some âmpact on its operations, and wanted, simply, an opportunity to examine it because it's a faLrky complex issue. And I thought we Were going to hold it until we'd had a chance to have some of the eommunities look at We have not heard back from that. Is (t possible for you to take it out of the record and just - I know, it's -- I'm sorry, but I didn't know you were qoinq ahead and call it right noW - until We have a chance to find this out. There should be no problem wkth the other parts of the bill. We just would like an opportunity to see about that impact.

PRESIDING OEFICER: (SENATOR LECHOWICZ) Senator Dunn.

k !  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Thank you, Mr. President. Well, I just -- you know this is khe first I heard that We Wanted to make a request to hold it. - - I -- agree with Senator Watson on the bill, and urge the Members on my side to vote for this bill. If Senator Watson wants to hold it, that's fine. If he wants to run with it# think we ought to run with it. It's up to Senator Watson.

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

Wellz I appreciate Senator Netsch's concern. And -- and we have, I understandr sent the information to the attorneys in Chicago to try to get their feeling. And what wedre trying to do actually is correct, I think, the concerns that they may have had in that amendment - that Was our -- our intent. And from what understand also, is that this only affects the county TIF districts, so really it would have no impact on TIF districts that have already been established. So that -- that addresses that particular issue. And I -- I Would like to just go ahead with the bill, and -- and appreciate the support of -- of the Senate. This is a -- piece of legislation that has -- Will have a real positive impact on the unemployment concerns that We have in *he Metro-East area. Metro-East in one of the highest areas of unemployment in this State. Wefre trying to attract some tWo thousand jobs. So think it's a step in the right direction, and appreciate your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall House Bill 3-9-1-4 pass. All in favory vote Aye. All opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted Who wisb? Please take the record. On this question, there are 59 Ayes, none recorded as -- no Noes: none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. House Bill 148  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 2Q# 1990 ' 3-9-6-6. Senator Jones. Read the bill. Mt. Secretary .

ACTING SECRETARX: (MR. HARRX) House Bill 3966. (Secretary reads title of bill) It's the 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Could we have your attention, please? The noise level is rather high here. Thank you. Senator Jones.

Thank you, Mr. President and Members of the Senate . House Bill 3966 is the -- the After-parts Disclosure 3i1l. And what it does, is that if a automobile is to be repaired: and one takes the automobile in to have it repaired Was involved in an accident or a crash parts, the person the owner of the automobile must be notified in writing as to what the -- the part: are on that -- being replaced on that automobile. It is a iisclosure bill only for the exterior of an automobile after-crash parts. The biggest competitor to the major automobile manufacturer in -- in this company - Keystone Automobile Industries - in a letter to Jim Pirth, the Automobile Wholesalers of Illinois, and he states simply, ''It is simply a disclosure to the consumer that ''non-oEM't parts are being used in Ehe repair.'' And simklar bills have been passed in thirty states throughout this country, and I see no problem with the bill. It doesn't deal with internal parts only after -- only the exterior of the carg and I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discusslon? The Lady from Lake: Senator Geo-Karis.

Will khe sponsor yield for a question?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Indicates he will. l49 I ' 1 STKTE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 SENATOR GEO-RARIS: Now youdre asking for disclosure of the non-original equipment manufacturer parts. In other words, the parts that are not made by Chrysler, Ford or General Motors, isn't tbat riqht? PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Jones. SENATOR JONES) Yes, if it is a Oldsmobile, if itfs parts other than -- SENATOR GEO-KARIS: No. You were -- no you... SENATOR JONES: -- if it's parts other than those that are manufactured that is currently on the car. SENATOR GEO-KARIS: That's right, in other Words. But youtre not askinq far disclosure where those parts come from when they're used by General Motors, Chrsyler and Ford. So if those parts come from Taiwan, if they come from West Germany, Italy, France, Australia, Japan, the Phâlippines or Singaporez you don't want General Motors or Ford or Chrysler to disclose that, isn't that righk? PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Jones. SENATOR JONES: Senator Geo-Karis, your amendment went further than what my bill intended for it to go. This bill, if -- if General Motors, Chrysler, Oldsmobile, Ford, if they are usin: foreign parts, and so forth: in the original manufacture of the car, this bill doesn't deal With it. This bill deals with - deals with - those parts Which are not originally manufactured and placed on the ear. And I think the consumer should know Whether or not those parts are not original parts. PRESIDING OEFICER: (SENATOR LECHOWICZ) 150 I i  STATE 0P ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSPRIPT 105th Legislative Day June 20y 1990 Senator GeouKaris. SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the -- of the Senate, the sponsor just answered my question. He said, of course, they don't have to tell you - the -- the big automobile companies - where those parts come from. The fact thae they're in the car. The fact that they deprive citizens of Illinois from jobs when theylre made overseas doesn't make in any difference to him. Let me read you a letter that I :ot from a lady from United Auto Supply Company in -- bold on just a minute -- it's NAPA, Pinckneyville Auto Parts Company. ''If you vote for this bill, you will kell their -- the car manufacturers to have a real monopoly. I am a small jobber in southern Illinois with only three employees. I do a good job for my eustomers by selling quality NAPA parts, and those are parts that are certified. My parts are as good as the original employee -- equipment manufacturer's parts, and many times better. They have to be for me to exist. My prices are better. They have to be. And my service is betterz too. I am open more hours and more days for -- of the Week than the car dealers. My business was started by my father twenty-seven years ago. My husband and I carry on the business, and some day hope to have our children continue. If the car manufacturers can get a 1aw khat discredits my products, my future is surely limited. Maybe khis is Ford and General Motors planning with the State law in their origin -- originally equipment manufaeturer repair shops that can force me out. I only hope and pray that you don't let them get away wikh this. I most sincerely ask you to vote No on House Bill 3966:1, signed Helen Nelson, Secretary/Treasurer. Ladies and Gentlemen of the Senate: what Wedre doing, if we allow this bill to pass, is create a monopoly in the automobile manufacturers, so they can squeeze out the five percent of the -- of the business they don't get. And you knowe I l5l I I  STATE 0P ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRTPT 105th Legislative Day June 20, 1990 and I know: when you buy the -- the original equipment manufacturer's partsp they're not always the best. But also, they are more expensive. So you're not helping the consumer, you're hurt -- you're hurting the small business people. And I plead with you, don't vote for this bill. Youtre hurting labor of Illinoisy because many of those parts don't come right from the United States manufaeturing, they come from overseas. I ask you to vote against this bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) The Gentleman from Rock Island, Senator Jaeobs. SENATOR JACOBSJ Thank you, Mr. President, Ladies and Gentlemen of the Senate. You knowp we just passed out a bill that did exactly this. And that's on the organic food. A11 welre doing is saying notify. We're not saying you cannot still buy those NAPA parks. And, Senator Geo-Karis, I think that the young lady thae indicated that to you is wrong in her approach. All we're saying, is that they either have to say that they are either originale parts or non-original parts, and that's it. Where they come from is tmmaterkal. And as far as burting labor. thks is a bill that ks strongly supported by the UAW.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

Wi11 -- wi11 the sponsol yield?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

Senator, under -- under Senator Geo-Karis' amendment, which think was superior to what you 're offering, the preparer of the estimate - the -- the body shop - was required to -- to notify the consumer as to who manufactured the parts. Now under your l52  1 STATE OP ILLINUIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 bill, who has to disclose? Who has to make the disclosure?

PRESIDING OEFICER: (SENATOR LECHOWICZ) Senator Jones.

We're not dealing with Senator Geo-Karis' bill. Under this bill, the -- Whoever is doing the work must inform the consumer that that part: that is being placed on his carw if it is non-original, they must so inform the customer.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Sehuneman.

Well, I beg your pardon, that's not What your bill says. Your bill refers to the insurer: and says that the insurance company must make the disclosure. Now bring up the issue, Mr. President, that this bill is drawn in such a way that -- that doesn't apply if the consumer does not have insurance on his vehicle. Por example, some of the largest fleets in this State are not insured or theydre self-insured. So this bill doesn't apply to khem . The other thing this bill doesn 't do is is require a disclosure if a party for example, for a Honda is made in Japan and everything is made over there. Then nobody requires that -- that you have to make any disclosure on a part like that. So the idea that somehow this is a buy-American bill or, you know, American pie and -- and motherhood, is -- is silly. And I khink that it gives the wrong impression to the consumer. What -- what they're seeking to do the large auto manufackurers are Seeking to somehow downgrade every other part that's made. Furthermore, if you really want to protect the consumery why don't you get into the area of brakes? Why don't you get into the area of testing Whether Ehese parts are really good or bad? This bill doesn't do any of these things. Tt's a pure and sinple attempt on the part of the worldês largest manufacturers, who already have about 153 I  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 ninety-five percent of this buslnessy to try to squeeze out everybody else, and try to eliminate competition. And it's just a step in the wrong direetion.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I have never seen a bill that has probably been more misunderstood than this bill. Senator Jones, correct me I'm wrong. A1l this bill says, is khat if your car goes in for repairs' if they are not goinq -- if they are not going to have original parts put back on, they have to tell you that they are non-OEM parts, right?

PRESIDING OFFICER: (SENATOR LECHOXICZ) Senator Jones.

ïou are correct.

PRESIDING OFFICER: (SENATUR LECHOWICZ) Senator Raica.

Mr. Presidentz to the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Please proceed.

Through the three years that wedve been workin: on a bill such as this, there have been insinuations that other bills have been tryin: to be passed regardin: whose part is better, OEM or non-oEM . When I was struck a couple of months back and my car went in for repairs, I received the estimate, and on the esttmate ie said, some parts were original manufacturer's and otber parts were non-OEM . That was good for me to know . When I insisted that I wanted oriqinal parts on my automobile: they told me the 154  STATE OF ILLIXOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20y 1990 insurance company that was paying this did not mandate original parts, that a11 they wanked: or a1l they considered, were non-OEM parts to go on that automobile. But for me, the consumery it was a good idea for me to know which was original parts, and which were not. This doesn't say whose pares are made out-of-state, if they're made in this Statee al1 it's simply saying is that if there is a part other than the oriqinal manufacturer's part going on the automobile, they have to tell you. There's nokhlng magic about it. They just have to tell you. And to say that these other people are going out of business -- I don't go to GM to buy my oil. don't go there to by my oil fllter. I go eo my parts guy to buy oil, to buy fuses, and anythin: else that I may need for my car. This isn't a bad bill. It's a fair bill. I want to know what's -- what's original part, what isn#t. That's a1l this bill says, and I just ask for an Aye vote. I'm with Senator Jones.

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

Wellw Mr. President and Members, have some sympathy for the views of the opponents of this bill. And -- and like some of my colleagues, particular -- particularly those who serve on the Senate Insurance Committee, kho have seen this issue come before us in various forms for the last few years, We'd like, if we possibly can, ko put the issue to rest. The -- the debate has primarily, up to this point, been one thaE has taken place beEween the manufacturers on the one handg and insurance companies, responsible for paying for tbe repairs of automobiles, on the other. The third party and interest that is involved here is the is the, apparently, the Automobile Wholesalers, or the Wholesalers of automobile parts, and maybe, to some extent, the repair faeilitiesz as well. What we have here, at lonq last: is 155  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 at least a compromise between the manufacturers on the one hand, and the insurance companies on the other. And can't for a moment understand why the insurance companies, who have to pay the bills and -- and who, after all, have -- have interest in trying to keep the cost of repairs down, would agree ko this bill if, in fact, it was noncompetitive, or if, ln faetr it would have an inflationary impact on the cost of repairing vehicles. This is simply a disclosure bill. It is, apparently, in the eyes of those who are going to have to work with it, a workable proposal and compromise. And therefore, in the interest, finally: of trying to put this issue behind us, I urge your support.

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

Yeah. Thank you, Mr. President. You know, at least a broken clock would give you ehe correct time twice a day . And those Who have risen in opposition to this bill have not one time given us a correct answer or statement. Al1 the bill does, simply, is inform you, as a consumer, your right that you should know khat you're having placed on your car. That's all the bill does. It doesn't say one part is better than the other part. But think you should know. And if itfs being repaired by the insurance company, don't you think you would Want to know what is on that car? What you are paying for, even if you had to pay for it yourself? That's a1l the bill doesr and I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall House Bill 3-9-6-6 pass? A11 in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Please take the record. On khis question, there are 39 Ayess 20 Naysy none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. l56  STATE OF ILLINOIS ! 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 PRESIDING OFPICER: (SENATOR LECHOWICZ) 3-9-9-4. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) House Bill 3994. (Secretary reads title of bill) It's the 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Rock Island, Senator Jacobs, for what purpose do you seek recognition? Jacobs. SENATOR JACOBS: Point of personal privileqe. PRESIDING OPFICER; (SENATOR LECHOWICZ) Please proceed. State your point. SENATOR JACOBS: Sitting in the baleony on the Democrat side of the aisle is my former second-grade teacher, Miss Poole, and I'd like to have her stand and be recognized. PRESIDING OPFICER: (SENATOR LECHOWICZ) Miss Poole, Would you please stand and be recognized by the Senate. Welcome to Springfield. Make sure he takes you out to dinner. The Gentleman from Cook, Senator Marovitz. Marovitz. You read the bill, right? SENATOR MAROVITZ: Okay. Thank you very much: Mr. President and Members of the Senate. The Federal Government has two major federally subsidized proqrams in the country; they are Section 221d3 and 236 - the National Housing Aet. Portions of the Act provide Ehat the owner of subsidized housing can prepay a mortgaqe after twenty years. And wefre only talking about these two very limited housing programs. If the option to prepay is exercised, then the Pederal Government will have no more control over the property. And after twenty years, if the mortgage is prepaid, *he owner can raise l57 ! I STATE OF ILLINOIS ! 86th GENERAL ASSEMBLV . REGULAR SESSION I SENATE TRANSCRIPT I I 105th Legàslakive Day June 20, 1990 rents and evict a11 the low-income tenants in the units. Thts legislation is aimed -- another step in trylng to preserve a tenant's right from being evicted in this federally subsidized program. And we passed legislation before, this just clarifies that an owner cannct sell or dispose of the housing unless six months prior to *he sale or disposal of property the owner submits to all kenants the notice of intent to sell or dispose of the property. PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? The Gentleman from Stephenson, Senator Rigney. SENATOR RIGNEY: I want to make sure that I understand, you know, what a11 is in your bill. I'd like to ask the sponsor -- ' PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Marovitz. He indieates that hedll yield. SENATOR RIGNEX: Is it true that, in your bill, the amount of money that this landlord derives from the rent would not be taxable? PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz. SENATOR MAROVITZ: That's correct. The purpose of tbat -- and again, these very limited federally subsidized -- specifically federally subsidized units are -- and it only applies to senior citizens who have lived there over the term of the subsidy. It only applies to them, and there's also specifics that there cannot be a double deduction. If they've taken a deduction on their Federal or State Income Tax, there can't be a double deduction. The purpose is to keep the senior citizens in these limited housing units from being evicted from their homes where they've lived for the last twenty years. PRESIDING OFFICER: (SENATOR LECHONICZ) l58  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Senator Rigney.

Have you got any feelinq of what the fiscal impaet to the State would be? You know: I -- can't think of any -- many places where we ereate tax-free income.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Marovitz.

I don 't have a specific number for you, Senator Rigney. know what your concern is. But the number is so limited - it's it's so extremely limited. This applies to a very few -- very few buildings, limited number of units, and only those which fall under the speciflc subsidy programs mentioned here. The impact on the State would be very, very minimal.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Watson.

Yes. Question of the sponsor, Mr. President.

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

This is the same bill, I guessr with some revisions: possibly made, that we had -- that was defeated once, and then came back on Postponed Consideration, and khen did pass on the last day of passage for Senate Bills. Is that -- is that correct: Senator?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

No# it's not the same bill. It's a similar bill, but itls not the same bill.

Yeah . Well, khat that's why I say With some revisions. 159 ' I I  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 But what wedre...

With -- with some -- guards --

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Marovitz.

-- with some additional safeguards about no double deductions and provisions so that regardin: somebody's right to sell -- giving notàce to the tenants if they're going sell - that they can't sell unless they, in fact, :ive notice. So there 's some additional provisions and some safeguards, regarding the funding provisions.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Watson.

Xes. Thank you. Well, then where is that particular bill that passed khen over in the House? Is thak still in Rules? Or is it tied up somewhere? Or is (E still alive?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

That's still in Rules. They decided they wanted to go with one bill, and one bill only. But there also is a sunset provision in here, Which Wasn't in the -- the earlier bill. There 's a sunset provision in here.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

Thank -- thank you, Senator. To the bill. You know, dondt know how many of you are involved in the ownership of apartment buildings, but the people that -- that are tell mep you know, we might as well turn the whole thin: over to -- to -- to the public. l60  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20z 1990 We might as well let the taxpayers subsidize - take care of all of the -- the housing of a1l of our people - because in -- in situations like this - here we go again - we're asking for the a restriction on those private facilities owned by private individuals. We are really tying the hands of those people who are out tbere that are actually to provide some housing for -- for the senior citizens - for the residents of our communiey. So just think, we can't continue to restrict those people that are in ehe private sector, so I think that a No vote is proper. Thank you.

PRESIDING OFFICER: (SENATQR LECHOWICZ) Senator Schuneman.

Question of the sponsor, Mr. President.

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

Senator, I'm not sure -- don't remember this bill in committee, and maybe I was out of committee at the time, but does was this apply -- does this apply in an instance like this, where a housing development for senior citizens is constructed by a private developer with -- wikh subsidized rentals, and in those cases where the rent is subsidized for a period of years. then the seller or the owner of that property might decide for various reasons to want to sell it, does this bill restrict the property rights of that person to sell a bulldlnge if he has been guaranteed and paid subsidized rental?

PRESIDING OFFICER: (SENATOR LEPHOWICZ) Senator Marovitz.

Absolutely not. Does not apply in that instance at all. PRESIDING OFFICERI (SENATOR LECHOWICZ) l6l  STATE OF ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Senator Schuneman.

Well, then would you tell me why it does not? What -- to what federally subsidized housin: does it apply?

PRESIDINC OFFICEP: (SENATOR LECHOWICZ) Senator Marovitz.

There's no restrickion in this, legislation of any kind at all. It's an incentive, but there is no restrictions in ehis whatsoever. The owner, and aqain, it only applies to the National Housing Act - the subsidies granted under the National Housing Act. This doesn't limit the owner's right to sell, whatsoever, at whatever price he can qet. It

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

Well, doesn't it require him to give six months notice before he can sell? Whereas, otherwisey he kouldn't have to give notice? PRESIDING OPFICER) (SENATOR LECHOWICZ) Senator Marovitz.

Xeah, does -- it does require -- we already have a 1aw that requires them to qive notice. That's already on the books. Okay? This says he 's not going to be able to sell, because, in fact, when he doe: that: there's a good chance that all those people are going to be evicted. sog in fact, what we want to do ls glve these people a chance to move out give them notice of a chance to relocate before the buildin: is sold. Or if they can buy the building at the market price - the same prlce that that owner can get it aE - we're going to qive them first ehance so that they don't have to relocate, and don't gee removed from their homes. But it isn't qoing -- isn't going to reskrict the owner in any 162  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 way from selling his building.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senakor Schuneman.

Well: you knok, all due respect, Senator, I -- I wish you wouldn't promote your billz just tell me the answers to the queseions. The bill does somethlng. I mean youlre -- you keep telling me the bill doesnft do -- doesn'e make any restrictions on the owner. But it seems to me# that if an owner, kho now has the right to sell a property without giving anybody a notice, is then going to be required to give six-months notice to everybody, that it does restrict property rights. So just -- you know, tell me what the bill does -- if it's -- 1911 decide whether it's good or bad.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Marovitz.

Be glad to tell you. The 1aw today, withoue changinq this, already says that with these type of units that owner must - must give notice to the tenants before he sells the property . That's the 1aW today.

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

Wellz I've qotten interested in this. What then -- according to our analysis, this bill requires six-months notice Eo *he tenant. You're saying we already have, in lawy notice. How much notice is in -- is it today, that the owner must give?

PRESIDINC OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

Six months. 163  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.

Then could you just itemize for me what this bill does that the present law, just now, doesn't do? And when youdre talking about present law, are you talkin: about Senate Bill 2304?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

I'm talking about the bill that's before us. I -- don't know What other -- I'm talking about the bill thak's before us now. ...tmachine cutoffl...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

The fact is that the law today says that the that the owner of these type of buildings must sive notice to the tenants if he -- if he is going to sell, or propose for sale, that property. Now this says that -- that he canêt -- he can't aceually sell it, unless he gives it. That Was a loophole in the law. And this just adds that he can't sell it unless and until he gives that notice, so that the people who live there will have a chance either to move, or to put together the tenants to buy it at the market price.

PRESIDING OFFICER: (SENATOR LECHOWICZ) senator Karpiel. Donl: get a headache, noW. SENATOR KARPIEL I'm getting one. Thank you. Could you explain the portion of the bill that deals with the Illinois Income Tax Act?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senakor Marovitz.

l64  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 1111 be happy to do that again. This provides a deduceion, without any double deductions, for income derived from the rental of a low-income housing unit - aqain, in -- only in these certain type of subsidized buildinqs, when -- when it was financed by a federally subsidized mortgage, and on which the mortgaqe has prepaid. The housing unit must be occupied by a kenant who's over sixty years old, and who was a tenant prior to prepayment, and whose rent has not increased by a total of more than five percent for eaeh year since the year when the mortgage was prepaid. So the -- the point of it is...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitze to close. Oh# Senator Netsch, you Want to add to this debate? Senator Netsch.

Thank you, Mr. President. Let me just add a word on the income tax deduction part of the bill. I think all of us agree that if we can find other ways of achieving purposes sometimes this is not the appropriate way to go, but this -- is different in a very important respect. For one thing, it does not permit the deduction of the rent for the units that are already subsidized to be taken two times that is as a regular business deduction on Federal or State Ineome Tax and, again, for this purpose. So that the the double deduction component is eliminated. Let me add this additional uord. For almost as long as I have been in the General Assembly, we have been tryinq to find some way to help make it possible for private developers, who are willing to build housinq with some rent-controlled units in it - that is subsidized housinq in a broad sense, to be able to make $e tried to do it back, I thinky when Cecil Partee was still here with redefininq assessed valuation. We have tried a lot of different things. It is an objective that I tbink a11 of us share. And the problem is to find some way that doesn't make mishmash of all of our other 165  STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 laws to help make it financially feasible. It seems to me that this is one of the more modest and more reasonable approaehes to helping the developers be able to nake it possible to maintain this kind of housing, in this case, limited ko senior citizens of low income. So I think it's worth a try. And I think some of the concerns really are misdirected, at this moment.

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

Thank you very much, Mr. President. The U.S. Conference of Mayorse which is currently meeting in Chieago, came out over the last two days and said, one of the -- in addition to drugsy which We al1 know is the number one crisis in our cities and our country, one of the major crises is the housing crisis, and people Who are being evicted from their homes because of these federal subsidies which come duee and then the buildings are sold, mortgages are prepaid, and people are forced out of their homes. The U.S. Conference of Mayors said, and it Was on radio just yesterday, that this is one of the bi: crises. This deals with that very problem . There really is a very small number of people Who vill be affected because there aren't that many of these federally subsidized buildings across the State, number one. Number two; even of those buildings, very few of those have said that they 're going to prepay their morkgage. So this only applies to those who are goin: to prepay their mortgage. And eveù of those, it only applies Eo senior citizens in *hose buildingse who have lived there for the termination -- for the -- for the period when the subsidy occurred. So it only applies to a limited number of buildings, and a limited number of people, but it will prevent seniors from getting kicked out of their homes, and it will give them an opportunity to stay in their homes, or at least get notice about when they are going to be terminated. And I would ask for l66  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 an Aye vote.

PRESIDING OFFICER: (SENATOR LCCHOWICZ) The question is: shall House Bill 3-9-9-4 pass? All in favor, vote Aye. All opposed, vote Nay. The voting is open. Have al1 voted Who Wish? Have all voted who wish? Have a11 voted who wish? Madam Seeretary, please take the record. On this question, khere are 31 Ayes, 20 Nays, 3 reeorded as Present. This bill, having received the constitutional majorityz is hereby declared passed. House Bill 4-0-2-4. Senator Weaver. Read the bill, Madam Secretary.

House Bill 4-0-2-4. (Seeretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Weaver.

Thank you, Mr. President. House Bill 4024 eontains a number of technical and clean-up chanqes requested by the University of Illinois after a compllance audit by the Auditor General. Also: there was an amendment added yesterday by Senator Watson to provide that the Department of Conservation may offer a eash ineentive program for builders in concession complexes at resort hotels and other recreational developments at -- for the State parks presently specified in the Statutes. If there's any question, 1111 be happ/ to try to answer them. Otherwise, I'd appreciate a favorable roll eall.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any diseussion? The question is, shall House Bill 4-0-2-4 pass? Al1 in favor, vote Aye. Al1 opposed, vote Nay . The voting is open. Have all voted who wish? Have al1 voted who Wish? Please take the record. On this question, there are 58 Ayes, no l67  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 4-0-2-7. Senator Rea. Read the bill, Madam Secretary.

House Bill 4-0-2-7. (Seeretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Rea.

Thank you, Mr. President. House Bill 4027 is basieally tbe same as, in fact is the same as, 1916 -- as Senate Bill 1916, which passed out of the Senate, whieh prohibits the State from contractin: with private contractors ' or vendors to manage correctional facilities in the State. And it also requires the -- the Department of Central Management Services ko pay interest on back waqes, which was a Dack Wage Claim Fund that Was established. And I would ask for the -- an Aye vote.

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

Question of the sponsor.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates hebll yield.

As Ifm reading the analysis, it does -- it doesn't say that this is identical to the bill that passed the Senate, that many of us had reservations on, and that you did -- Were kind enough to make substantial amendments to. It appears there must be a State cost to this. In the ftrst -- in terms of reimbursement which wasn't part of the original bill we passed, what is the State cost to this reimbursement? l68  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20z 1990

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rea.

Well actuallyz Senator, if -- kf the Department of Central Management Wage Claim Fund, first of all, is properly funded for a full year, then, naturally, there would be no costy whatsoever. But this -- it's only bein: funded until September; it has not been fully funded in the past. So even there is a costz there is no additional appropriation that would be necessary. Beeause what this means is that there'd just be a claim or two that would not be funded. And so we're not talking about any additional cost -- any additional appropriation whatsoever.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Keats.

Mandates -- and what's the fund we dre fully funding? I'm sorry, I just -- I'm -- I'm -- did not understand what you said, apologize, and it's not written in our explanation.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rea.

The source of fundlng? There is a Back Wage Claim Fund that has been established, and that is your source of funding.

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

I would just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall House Bill 4-0-2-7 pass? All in favorz vote Aye. A1l opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have all voted who wish? Please take the record. On this questionr there are 36 169  STATE OF ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20: 1990 Ayes: 17 Nays, 2 recorded as Present. This bill, havin: received the constitutional majority, is hereby declared passed. 4-0-3-6. Senator Holmberg. Read the bill, Madam Secretary.

House Bill 4036. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Holmberg.

Yes. Thank you, Mr. President. This is the bill that provides that College Savings Programs investment earnings are exempt from Illinois ineome taxes, and -- and also authorizes payroll withholding for such investment purchases. A change was suggested by the Economie and Fiscal Commission and Bond Council for the Illinois Student Assistance Commission. And Eo here in the Senate, we amended it to say that only income up to two thousand dollars annually per account is exempt from State tax. And it changes the maturation date of the bonds to forty years. And I would be happy to answer any questions. Otherwise, would ask for a favorable roll call.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 4-0-3-6 pass? Al1 in favor: vote Aye. A1l opposed: vote Nay. The voting is open. Have al1 voted Who wish? Have all voted who wish? Please take the record. On this quesEion, there are 57 Ayes, no Nays, 1 recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 4-0-4-9. Senator Marovitz. Read the bill, Madam Secretary.

House Bill 4-0-4-9. (Secretary reads title of bill) l70  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20z 1990 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate.

PRESIDING OEFICER: (SENATOR LECHOWICZ) Good afternoon. SENATOR MAROVITZ:' House Bill 4049 says that after a judicial sale, payment of arrearages of common expenses extinguishes the lien of the associationr based on a failure to pay such arrearages. And the board would have to provide a new unit owner with the mailing address of the principal officers of the association. And within fifteen days of the mortgage of a unit, the mortgagee shall inform the association. Also with the support of the Chicago Bar Association, the Illinois State Bar Association, and the Women's Bar Association of Illinois. Tenancy of the entirety is also repealed. Ask for a -- a favorable vote.

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

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

Senator Marovitz, can you explaln to me exactly what tenancy in the the entirety are -- is?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

Itls a jaint tenancy between husband and spouse of real -- real property. 171  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell.

Thank you very much. Didn't we: just last year, put this in so that some of the Women can be protected from their husbands being able to go in -- it's another way of -- of titlin: property so to protect women who have been -- Whose husbands have gone in for second mortgages and that type of thing, without bothering to tell their wives that they have done so. Doesn't this stop that practice that has become fairly common in some instances?

PRESIDING OFFICER: (SENATOR LECEOWICZ) Senator Marovitz.

An honest answer would be# no, it doesn't. And that's why the Women's Bar Association - the Women's Bar Association is supportive of this. From a practical point of view: Senaeor Fawell, the Statute is unnecessary, because purchasers, attorneys and title insurers, already require both spouses to execute a deed conveying homestead property.

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

Well, Mr. President and Ladies and Gentlemen of the Senate, my understanding is that in tenancy by the entireties, both people have to sign before they give up an interest in real estate. And that bill was passed last yearg by Senakor Barkhausen, to protect the very problems that Senator Fawell brought up. And I don't know why it was brought into this bill to repeal The fact the Chicago Women's Bar Association supports it, doesn't mean itfs entirely right. I happen to be a member of them, but I don't agree with them. I think we should protect the peoplee not leave loopholes for them. l72  ETATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

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

Mr. President and Membersz I rise in opposition to the amendment to this bill that apparently took the form of -- of two separate pieees of legislation, neither of Which cane out of the Senate Rules Committee. To remind those of you Who might have an interest in this subject -- as has been mentioned by Senators Fawell and Geo-Karis already, we acted last year to -- to recreate, under Illinois 1aW, tenancy by the entireties. And We did that after the representation to the General Assembly tha: our aim was to protect the interest of both spouses, khat those spouses think they are getting when they place property into joint kenancy. But what what tenancy by the entireties permits, or should say prohibits, which joint tenancy allows, is the ability of -- of one of the joint tenants in this case one of the spouses - to sever or to terminate the joint tenancy by conveyin: or by encumbering, sueh as through a mortgage, the one spouses -- or one parties interest in the property. Under -- under tenancy by the entireties, you can't do that. And we made this law, last year, we made it effeetive as of October 1st of this year, so tbat this neW laW hasn't -- hasn't yet taken effect, and yet, some people, for some reason, think that We ought to already be repealing it. Now it -- it -- it may be Ifve corresponded with a number of the individuals that have an inEerest in this subjec: matter - and it -- it may be that -- that one or more of the provisions need -- needs to be tinkered with somewhat. Iy frankly, haven't been convinced of that. Last year when we passed this law, Chieago Title and Jake Toronto with Chicago Title, who's -- Was one of the -- is one of the real experts on Illlnois Real Estate Law, took a thorouqh look at our proposal, and without committing Chicago Title pro or con, deeided 17 3  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Ehat at least our proposal was technlcally correck. So don't see where the proponents of this legislation are coming from. am convinced that We are doing something to protect the interest of spouses that -- that current 1aw - there is certainly joint tenancy does not permit. And none of those Who are now advocating the -- the repeal of this 1aw have have brought their points of view to me and may -- tried to make a ease as to why we ouMht to be taking this action now so quickly on the heels of having passed what we felt was an important reform last year. PRESIDING OPFICER; (SENATOR LECHOWICZ) Senator Mazovitzy to close.

Thank you very much, Mr. President. The the idea that holding property as tenants by the entirety is going to protect a spouse from the debts of the other spouse is really illusory, since the single greatest financial risk to the family home is the expense that a family would incur if a -- if a member of the family suffers a catastrophic illness or an knjury and didn't have and didn't obtain adequate insurance to cover that illness or injury. Under the Family Expense Statute, these expenses are chargeable to both spouses, or either spouse, and the property held by both of them, or either of them. All the lawyers women: men - the title insurers, have a1l taken a look at this law and said that it it's not necessary. It clouds the execution of a deed conveying homestead property. It isn't necessary. And I know iE's a raEher complex issuee and many of you are sittin: here not really knowing what to do, but the fact is, both the male and the female bar association say 'we don't need that tenancy of entirety to protect people, we have the laws to do that now, and it only clouds up the homestead issue.'' think we ought to listen to those people who deal with this on a day-to-day basis, b0th male and female members of the bar. And I would solicit an 174  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 Aye vote. PRESIDING OFFICER: (SENATOR LECHOWICZ) ( The question is, shall House Bill 4-0-4-9 pass? A11 in favor, vote Aye. A1l opposed, vote Nay. The voting is open. Have a11 voked who wish? Have a11 voted who wish? Please take the record. On this question, there are 37 Ayes, 19 Noes: none recorded as Present. This bill, having received the constitutional majorityy is hereby declared passed. Top of Page 20 - appears House Bilk 4-0-5-3. Senator Collins. Read the bill, Madam Secretary.

House Bill 4-0-5-3. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Collins.

Yes. Thank you, Mr. President and Members of the Senate. This bill is eo respond to a problem that we attempted to address last year, in which we did khen we passed the -- prohibiting the beepers from being used by students on school property. However, they found a more expensive way to get around that by noW -- the use of cellular phones. So what this bill simply does, it prohibit khe use of cellular phones on school property, and it also amends the Controlled Substances Act to make the use of -- of cellular phones in the eommisskon of a druq offense a mksdemeanor W1th a fine of one thousand dollars. I know of no objections, and I would -- any objections, and I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question isz shall House Bill 4-0-5-3 pass? All in favor, vote Aye. A11 opposed, vote Nay. The votin: is open. Have a11 voted who Wish? Have a1l voted who wish? 175  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 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. 4-1-2-4. ' Senator Marovitz. 4-1-2-4. Read the bill, Madam Secretary. 4-1-2-4.

House Bkll 4-1-2-4. (Secretary reads title of bill) l 3rd Reading of the bill. PRESIDING OFFICER; (SENATOR LECHOWICZ) Senator Marovitz. Okay. Take it out of the record. Recall. 4-1-2-6. Senator Joyce. Read the billz Madam Secretary.

House Bill 4-1-2-6. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

Thank you, Mr. President and Members of the Senate. House Bill 4-1-2-6 comes to us from the State's Attorney, as a proposal to deal with situations Where defendants are delaying their trials to the detriment and inconvenienee of witnesses. Deals with the I Four-Term Actz andwhenthatcanbeextended. AnditdealsWith $ the election of trial by jury. I know of no opposition to this, and 1.11 be happy Eo answer any questions. PRESIDING OFFICER; (SENATOR LECHOWICZ) Any discussion? The question is# shall House Bill 4126 pass? A11 in favor, vote Aye. A11 opposed, vote Nay. The voting is 1 open. Have all voted who wish? Have a11 voted who wish? Please l take the record . On this question, there are 58 Ayes, no Nays, I ! none recorded as Present. This bill, having received the 176  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 constitutional majority, is hereby declared passed. 4-1-2-8. Senator Alexander. Read the bill, Madam Secretary.

House Bill 4128. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Alexander.

Thank you, Mr. President. For the want of remembering this individual's name, I will relate this story, as it appeared in a Chicaqo newspaper several years ago. This youn: lady was sitting on a stoplight because the train Was passing, and as she sat there enjoying her day and waiting for the train to passz the side window of her car was bashed in. And in fright: she took her foot off the brake, and it slipped on the gas pedal and accelerated her into the side of the passing train, and she was immediately killed, because the ear took and caught on fire. This bill is known as the Snatchz Smash and Grab Billy this is commonly known. Where individuals Will crack your Window While you're sitting at a liqht or a stop sign ...tinaudiblel... and in fright, reach in and hi* you and snatch your personals out of the car. And this bill will deal with this situation that these persons should be imprisoned. It amends the vehicular invasion, and is recommended by Cecil A. Partee, our State's Attorney in Cook County. requires for a person convicted of this inciden: a Class I felonyy and I would desire your help in puttinq these kinds of cases, and persons who commit these cases, where they properly belong.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 4128 pass? All in favor, vote Aye. A1l opposed, vote Nay. The votin: is open. Have a11 voted who Wish? Have all voted who Wish? Please l77  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 take the record. On this question, there are 59 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 4129. Senator Alexander. Read the bill. SECRETARY HAWKER: House Bill 4129. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Alexander. SENATOR ALEXANDER: Thank you very kindly, Mr. President. 4129 creates the crime of aggravated discharge of a firearm. It is also recommended by our Cook County State's Attorney. And for aggravated discharge of a firearm that is shooting it in the direction of, or in the proximity of, it Would require the -- becomes a Class I felony. And it Would also eliminate aggravate -- no it does not eliminate aggravated assault it -- the bill was amended to put that part back in, which had been erroneously omitted. Would ask your Aye vote for this particular piece of legislation. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 4129 pass? A11 in favory vote Aye. Al1 opposed, vote Nay. Votin: is open. Have a1l voted who wish? Have a11 voted Who wish? Please take the record. On this question, there are 58 Ayesr no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 4148. Senator Berman. Read the bill, Madam Secretary. SECRETARY HAWKER: House Bt1l 4148. (Secretary reads title of bill) 3rd Reading of the bill. l78 L  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

Thank you, Mr. Presidente Ladies and Gentlemen of the Senate. House Bill 4148 touches on a subjeet that we looked at when we had Senate Bills, but is much more restrictive. House Bill 4148 allows the Evanston High School School District and the Evanston Township Elementary School District to opt out of the jurisdiction of the ToWnship Trustees in the town, and to appoint its okn School Treasurer. Because of circumstances beyond our control, khe bill that touched on entire suburban Cook could not move along in the House. This bill is limited to Evanston. And -- the Cook County Sehool Treasurer's Association, whieh had previously opposed this legislation, has withdrawn its opposition. I know of no remaining opposition. I solicit your Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? The Gentleman from Cook, Senator Kustra.

Thank you, Mr. President and Members of the Senate. Well, jusk to reiterate what Senator Berman said. Initially this bill was opposed by the Cook County School Treasurers: and in removing their opposition because of its very limited impact, I think ke ought to be able to give this a clear green vote. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman, to close. Question is, shall House Bill 4148 pass. A11 in favor, vote Aye. Al1 opposed, vote Nay. The voting is open. Have a11 voted who Wish? Have all voted who wish? Please take the record. On this question, there are 56 Ayesy 2 Nays, none recorded as Present. This bill, having received'the eonstitutional majority, is hereby declared passed. 4149. 179  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Senator Joyce. Read the bill, Madam Secretary.

House Bill --

PRESIDING OFFICEN: (SENATOR LECHOWTCZ) Out of the record. I'm sorry. I1m sorry -- read the bill, Madam Secretary.

House Bill 4149. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

Mr. President: I believe there's been filed, with the Secretary, a request to have my name removed as sponsor, and have Senator Marovitz's name put on as sponsor of that bill; itfs going to be taken back to 2nd for an amendment.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any objection? Senator Marovitz will be listed as the chief sponsor of the bill, and asks leave to have that matter placed on 2nd Reading. Hearing no objection: put that bill on 2nd Readinq. Leave of the Body. Okay. 4178. Senator Jones. Read the bill, Madam Secretary. 4169 is on Recall. 4178. Senaeor Jones. Read khe bill, Madam Secretary.

House Bill 4178. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senakor Jones.

Yes. Thank you, Mr. President and Members of the Senate. l80  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 4178 is merely a vehicle bill that the Nursin: Home Industry and the Department of Public Aid plan to use this fall. We -- it's our intent to pass the bill. The Houses Will nonconcur, and during the Fall Veto Session We Will work on this legislation, as it relates to nursing homes. So I ask for a favorable vote.

Discussion? Is there any discussion? If not, the question is# shall House Bill 4178 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. A11 voted Who wish? Have all voted who wish? Have all voted who wish? Take the reeord. On that question, there are 50 Ayes, 2 Nays, none voting Present. House Bill 4178, having received the required eonstitutional majority, is declared passed. A1l right. If I can have your attention, Ladies and Gentlemen, we will proceed to the Order of House Bills 2nd Reading. We'l1 proceed to the Order of House Bills 2nd Reading: and I would encourage those who have bills on 2nd that this is the appropriate time to move them . In addition, the Secretary has passed out the Recall List. So We will do House Bills on 2nd Reading, and then go to the Recall List to accommodake those Members Who wish to have their bills recalled. On the Order of House Bills 2nd Reading is House Bill 950. Senator Mahar. Read the bill, please, Madam Secretary.

House Bill 950. (Secretary reads title of bill) 2nd Readinq of the bill. The Committee on Public Health, Welfare and Corrections offers Committee Amendment No. 1. .e.tmachine cutoffl...

Senator Mahar.

Thank you, Mr. President. This bill, and the three that l81  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l05kh Legislative Day June 20, 1990 follow, are a result - and introduced on behalf of the Governor's 1988 Commission that reviewed the Mental Hea1th Statutes of the State of Illinois, and provided recommendations for change. Committee Amendment No. 1 increases the maximum period that a court can order hospitalization from sixty to a hundred and eighty days: and I Would move its adoption.

Al1 right. Senator Mahar has moved the adoption of Amendment No. 1 to House Bill 950. Discussion? If not, a11 in favor, indicate by saying Aye. A11 opposed. The Ayes have i*. The amendment's adopted. Purtber amendments?

Committee Amendment No. 2.

Amendment No. 2: Senator Mahar.

tmachine cutoffl.oaAmendment No. 2 does four things. .. . defines -- it's part of the commission's report dealing with informed consent. Part number one defines psychotrophic medication. Part number two requires that patients be advised in writing of the side effects of the medication: and their right to refuse treatment. Part number three specifies procedures by uhich an individual may refuse treatment of psychotrophic medication against their will. This part kill be deleted in Floor Amendment No. 4. And part number four mandates regular reviews for persons who receive psychotrophic medication over extended period of time. And I would move adoptlon of Committee Amendment No. 2.

A11 right. Senator Mahar has moved the adoption of Committee Amendment No. 2 to House Bill 950. Diseussion? If not, a11 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments? l82  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l05kh Legislative Day June 20, 1990

No furtber commityee amendments.

Any amendments from the Ploor?

Senator Mahar offers Amendment No. 3.

Senator Mahar, on Amendment No. 3.

Thank you, Mr. President. Amendment No. refers to that portion of the commission's report that deals with restraint and seclusion. And probably the -- there's three or four items that are of -- of most importance in this somewhat lengthy committee -- Floor amendment. Pirst of all, it requires that restraint, wbich is applied for medical reasons, be documented and authorized by a physician. Limits tbe time that seclusion can be used for behavior modification reasons. Provides that only trained personnel can be authorized to apply restraint. Reguires that restraint -- restrained or secluded recipients be examined within Ewo hours, by either a physician or a supervisory nurse. And also requires that restraint recipients be observed every fifteen minutes, rather than every hour. And I would move its adoption.

All right. Senator Mahar has moved the adoption of Amendment No. 3 to House Bill 950. Discussion? If not, a1l in favor, indlcaEe by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Furtber amendments?

Amendment No. 4 offered by Senator Mahar.

Senator Mahar, on Amendment No.

183  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Thank you, Mr. President. As I alluded, Amendment No. 4 takes out that portion of the Committee Amendment No. 2) which we could not come up with suitable language by which to identify circumstances by which recipients could be medicated against their will. And I would move for adoption of Amendment No. 4. PRESIDENT ROCX; A11 right. Senator Mahar has moved the adoption of Amendment No . 4 to House Bill 950. Discussion? If not, a1l in favor, indieate by saying Aye. Al1 opposed. The Ayes have The amendment's adopted. Further amendments?

No further amendments.

3rd Readinq. 951. Senator Mahar. 953. Senator Kelly. Read the billr Madam Secretary. On the Order of House Bills 2nd Reading, bottom of Page 32, is House Bill 953.

House Bill 953. (Secretary reads title of bill) 7nd Reading of the bill. The Committee on Judiciary offers Committee Amendment No. 1.

Senator Kelly, Committee Amendment No . 1. SENATOR EELLY; Thank you, Mr. President. This bill and this amendment is another of the recommendations of the commission khat revised Ehe Mental Health Code. The amendment becomes Ehe bill. It provides a procedure for eonfiscating firearms from those admiteed to mental health facilities. It also requires the Department to establish rules to provide services to clients, as determined by qualified professionals of the Department. It allows it certifies that -- that commitments to be signed by psychlatrists l84  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 and clinical psychologists. And finally, the amendment allows the Department to promulgate rules for those MH and DD persons confined to local jails and juvenile detention facilities. The bill -- this amendment becomes the bill. And I and Senator Mahar solicit your support, and be glad to answer any questions you might have.

All right. Senator Xelly's moved the adoption of Amendment No. to House Bill 953. Discussion? If not, al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have ît. The amendment's adopted. Further amendments.

No further committee amendments.

Any amendments Erom the Ploor?

Senator Kelly offers Amendment No. 2.

Senator Kelly, on Amendment No. 2.

Okay. The commitkee amendment was a vehicle amendment, and the -- and the Floor amendment I just read in was khe actual amendment. So, we would -- I request that you -- I don't know how we can reverse it, but I read the Floor amendment in -- my -- when I expressed my opinions on what the committee amendment Was. Apparentlye was -- strictly just a vehicle amendment to keep the bill -- the bill alive.

Well, what's your pleasure? We 're going to move the adoption of Amendment No. 27

Yes, please. l85  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqisletive Day June 20# 1990

A1l right. Senator Kelly has moved the adoption of Amendment No . 2 to House Bill 953. Discussion? If not, a11 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Are there further amendmenks?

No further amendments.

3rd Reading. Senator Mahar requests that we qo back to 9-5-1, Madam Secretary. On the Order of House Bill 2nd Readin: is House Bill 951. Read the bill, please.

House Bill 951. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senakor Mahar offers Amendment No. 1.

Senator Mahar, on Amendment No. 1.

Thank you: Mr. President and Members. This simply creates the Governor's Planning Council for Mental Health and DD. would move its adoption.

Senator Mahar has moved the adoption of Amendment No. 1 to House Bill 951. Discussion? If not: al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments. 186  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION l SENATE TRANSCRIPT 105th Legislative Day June 20' 1990 I

3rd Reading. Top of Page 33. 954. Senator Kelly. Read the bkll.

House Bill 954. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Pawell offers Amendment No. 1.

Senator Fawell, on Amendment No. 1.

Thank you very much. This just says that the Department is not -- will not adopt any rule which requires that a community-integrated living arrangement - to be located at a minimum distance from another communkty-integrated living arrangement.

Senator Fawell's moved the adoption of Amendment No. 1 to House Bill 954. Discussion? Senator Kelly.

Thank you, Mr. President and Members of the Senate. This amendment does have some controversy about it. The -- I was very closely in supporte and of the same opinion that Senator Fawell had before we met last week in the House With a select committee and with representatives of the various Mental Health and DD organizations in the Department. And they, which originally was contrary to my opinion, felt that they ought to have the right to have these facilities further apart, so that there would be a more favorable integration Within the communities. Apparentlyz this l87  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20z 1990 does present a major obstacle for Senator Fawell within Dupaqe County. And I have since decided that I am going to support the Department and the other Mental Health organizations. At the same time, I do think the Senator has a valid point to bring up this amendment: and I leave it to the pleasure of the Senate Body.

Further discussion? Senator Demuzio.

As I -- as I understand thisy what we are attempting to do is to prohibit any rule which requires a community-integrated living arrangement to be located a minimum distance from another CILA. Can you tell me, why wefre doing Ehat? Why -- why we're prohibitinq the promulgation of such rules? And does that mean khat the Joint Committee on Administrative Rules, for example, couldn 't promulgate a rule that -- that requires a certain distances, or does not require certain distances, with respeet to these integrated-living centers?

Senator Fawell.

What happened last week was we defeated a bill that did this, and there was a Representative in the other House that then after we defeated that billz went down to JCAR and got such a rule promulgated. It seems to me that if we start that kind of nonsense, that a Legislator, after a bill has been defeated, can then qo to JCAR and supersede what we did in *he SenaEe. It is g in the first place, an insult to the -- to the entire Senate Body, who has defeated such a bill, and it is certainly not anything that We should be eneouraging) in fact, if anything: seems to me we should be violently opposed to anybody who does that kind of thing. I have been told by the Department that they did not originally want this rule, but were coerced into it. There are l88  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105Eh Legislative Day June 20, 1990 other ways of solving this problem , for instancez throuqh the contracts to the CILAS. This way, if some home is Within six inches of a properly -- of a -- of a -- of a defined distance, that CILA will no lonqer be able to in existence. I think that's a very bad idea. There has to be some judgments, obviously, for these CILAS, but this isn't the way to do it. And I think you will find that the Mental Health Association, and the vast majority of the DD associations are against this rule.

Further discussion? Senator Dunn.

Thank you, Mr. President. I rise in strong opposition to Senator Fawell's amendment. And I've only had the prkvilege being here three yearsz but I Will say to you, that in those three years the hottest issue that I've ever seen in my locality has involved CILAS. And the greatest abuse I've ever seen of the process, has been involving CILAS, Where an agency in my city put three CILAS within shotgun distance of each other, and told neighbors that if they didn't like it, Was too bad. And the position of the Mental Hea1th people, I think, in the majority was that they did support a distance requirement. The federal court district in Minnesota - in Minneapolis - has established that the Ckty of Minneapolisf distance of a quarter of a mile is reasonable. And the intent of the legislation is not to congregate these people in a district, like happened in the Northside of chicaqo, and to just merely dump theme but to truly integrate them into society. You cannot integrate them into society if you 're going to congregate them, and what this bill does - this amendment - is to allow those people to be shoved off into a corner rather than integrated. And I would suggest to you that if you don't want four of these CILAS in one block in your town, vote against this amendment. l89  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Al1 right. Further discussion? Any further discussion? Senator Fawellz to elose.

Thank you very much. Senator Dunn

I'm sorry. Senator Fawell, excuse me. Senator -- Senator Schaffer had his light on: and I missed it - before you close. Senator Schaffer.

Wellr I just wanted to indicate that I think Senator Fawell has a point here. I happen to agree. I think CILAS probably ought to be spread. But there are situations - opportunities do come down the road - where you might not want to be locked into this. How many times have we handled amendments for Misericordia, or a Little City, or one of the other DD groupsr only because we 've closed Ehe door on what those groups choose to do, and what korks for them . If, in Cact, a community mental health group did something in -- in one of our Member's districts that stirred up a lot of oppositionz well: presumablyz they paid for their sins. But I don't think We want to set State policy through the ineptness of one project in one district. What may make sense in McHenry County, may not make sense in Joliet, I donît know. A11 I know is that the people in charqe of these programs have done a very good job for us, and that if we allow that JCAR rule to stand in place, within a very short period of Eime, wedll be down here for an amendment for Misericordiae or a Little City, or one of these other agencies. Just because of one local situation, we shouldn 't overreact. I think Senator Fakell has a good amendment.

Al1 riqht. Any further discussion? Senator Fawell, to close.

l90  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20z 1990 Thank you very much. When we were discussing the -- the bill that went down last -- last week, I told Senator Dunn that indeed, sympathized with what -- What had happen in his district. I think it was wrong what that provider did. I have talked to the Department of tbe Mental Health and told them so, that I thought that they were dead wrong in allowing a provider to do -- to do what was done in -- in Senator Dunn's district. They agreed with me. And they also agreed that there was a way to prevent such a thing in -- in the future, and that was through a better contract, which would make sure that that would not happen. Our department has control of those fundsl ehey could put those stipulations in the contract before any provider :ot the money, and thatfs fine. But to put a rule in like this, especially after we had defeated the bill - for a Legislator to go down to JCAR and to turn around and -- and change what we had done in the Senate think is an extremely bad precedent. I think this amendment will correct two situations; one for the CILA, and also one to send a message over ko the House, you don't step on us, and wedll leave you alone tao, but don't go cireumventing what we did over here. And I ask for an Aye vote. .o.tmachine cutoffl...

I'm sorry, Senator Fawell.

I would also like to add that this amendment is being supported by IACMHA, by the Illinois Mental Health Association, by the Dupage Kental Hea1th Associatione by the Dupage Health Departmentz and by Ray Graham Association. And I I think you are going to find if you check With your people that handle this kn your area, they will also be for Thank you .

A1l right. Senator Fawell has moved the adoption of House Bill -- Amendment No. 1 to Eouse Bi11 9-5-4. Those in favor of the l91  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 anendment Wi11 vote Aye. Opposed Will vote Nay. And the voting is open. Have al1 voted Who wish? Have all voted Who wish? Have all voted who wish? Have a11 voted who Wish? Take the record. On that question, there are 29 Ayesz 24 Nays, none votin: Present. Amendment No. l is adopted. Further amendments?

No further amendments.

3rd Reading. Senator Hall. 1560. 1762. Senator Madigan. Read the bill: please, Madam Secretary. On the Order of House Bills 2nd Readin: is House Bill 1762.

House Bill 1762. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Kelly offers Amendment No.

Senator Kelly, on Amendment No. 1. Al1 right. :he Gentleman asks that the amendment be Withdrakn. Any amendments from the Floor?

No Floor amendments.

3rd Readinq. 2867. Senator Watson. 2899. Senator Collins. Read the bill, please.

House Bi1l 2899. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation offers 192  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Committee Amendment No. ...tmaehine cutoffl...

Senator Collins, on Committee Amendment No. 1.

Yes. Thank you, Mr. President. Committee Amendment No. l is is basically a -- deletes the -- the original bill: and -- and it makes the bill technically correct, and I would move for its adoptlon.

All right. Senator Collins has moved the adoption of Committee Amendment No. l to House Bill 2899. Discussion? If not, all in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

Committee Amendment No. 2.

Senator Collkns. on Committee Amendment No. 2. Senator Collins.

Okay. Xes. Amendment No. 2 permits fingerprintkng shall be provided to the State Police, to enable them to conduct and require background investigation checks for those who are contracts With CTA. And I would move Eor its adoption. END OF TAPE TAPE 5

Senator Collins has moved the adoption of Committee Amendment No. 2 to House Bill 2899. Discussion? If not, all in favor,  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legkslative Day June 20z 1990 indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further committee amendments.

Any amendments from the Floor?

Senator Collins offers Amendment No. 3.

Senator Collins, on Amendment No. 3.

Committee -- mean, Amendment No. gives the State Police power to investigate criminal or drug offenses committed in other states against the 1aW in the U.S. -- United States. And I would move for its adoption.

Senator Collins has moved the adoption of Amendment No. 3 to House Bill 2899. Discussion? If not, a11 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

Amendment No. 4 offered by Senator Watson. PRESIDENT ROCEJ Senator Watson, on Amendment No. 4.

Thank you, Mr. President. This partlcular amendment - No. 4 simply states and I'm going to briefly read it here - that no photographic advertisementz display or other similar representation showin: or simulating physical contact between - or embrace between or among persons of the same sex or -- or gender within a erotic or sexual context shall be exhibited in, or upon any bus or other means of transportation or conveyance within the l94  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20z 1990 reasonable -- which may be reasonably presumed or assumed to serve as transportation for an individual under the age of twenty-one years of age. Violation of this Section is a petty offense, for which a fine of up to two hundred dollars per day of -- of exhibiting this particular display. don't know if you've followed the concerns and the problems that the CTA has had in -- in recent weeks about a billboard that will appear on some of the CTA buses in Chicago. There was an article in a editorial or -- by Richard Roper from the Sun-Times concerning this issue. And some of you've probably seen what this particular billboard will be. In fact, I -- I have the actual billboard here, and I'm not going unroll thise necessarily, but I've 9ot -- I've :ot -- what -- what will be on these buses. And it's the billboard that says, ''Kissing doesn't kill, qreed and indifference do.d' And What we have here is people kissing; a blackz a White, two males and two females. And I really think -- and the CTA is in a real dilemma over this. And the Black Caueus and some of us have met with CTA officials and Jean Barnes concerning this issue. And ke -- ke find, quite honestly, the billboards to be quite offensive. And We don't necessarily think that theydre trying to do anything tc prevent the spread of AIDS. looks more like, to usz that they lre promoting a certain lifestyle. And I -- and I think that that should be a concern of a1l or ours, especially khen we have young people that are riding these buses, and will be seeing these billboards. And welre not talking about just a small sign. This is a ben-foot by three-foot billboard Ehat will be on the side of a bus -- bus sign. Anybody wants ko see i: come you can come over and take a look at Thatls simple as that. don't wank to roll out here now. It's in three sections -- it's in three sections. But anyway, this -- this amendment would simply send a messaqe: and hopefully give some direction, to the CTA in Which they could really prohibit this type of message being 195  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 sent to the to the people in -- of Chicagoz and -- and maybe elseWhere in this State. So if you have any questions, be glad to answer. Otherwise, I appreciate your support.

Senator Watson has moved the adoption of Amendment No. 4 to House Bill 2899. Any discussion? If not, al1 in favorz indicate by sayin: Aye. A1l opposed. The Ayes have it. The amendment's adopted. Purther amendments?

No further amendments.

3rd Reading. 3164. Senator Netsch. 3-1-6-4. Bottom of Page 33. Read the billz Madam Secretary, please.

House Bill 3164. (Secretary reads title of bill) 2nd Readin: of the bill. No committee amendments.

Any amendments from tbe Ploor?

Senators Netsch and Smith offer Amendment No. 1.

Senator Netsch, on Amendment No. 1.

Thank you, Mr. President. House Bill 3164 is the bill that is part of the Hea1th Care Summit. This is *he par: that deals only with the Local Government Hea1th Care Fund: a part, might add, that everyone has agreed must be passed, in some form, this Session. The amendment would simply provide tbat the Fund will be administered in accordance kith the plan established by the board that will be created by another bill that is part of the package. We understand that this bill is going to end up in a conference l96  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 aommittee while we continue to work out the meehanics of the funding, but is absolutely essential. In the meantime, would move the adoption of Amendment No. 1 to House Bill 3164.

Senator Netsch has moved the adoption of Amendment No. to House Bill 3164. Discussion? If not, a1l in favory indicate by sayin: Aye. Al1 opposed. The Ayes have it. The amendmentls adopted. Further amendments?

No further amendments.

3rd Reading. 3168. Read the bill, Madam Secretary, please.

House Bill 3168. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations I offers Committee Amendment No. 1. PRESIDENT ROCK) Senator Carroll, on Committee Amendment No. 1.

Thank youe Mr. President, Ladies and Gentlemen of the Senate. House Bill 3168 for the Appellate Prosecutor -- we applied the normal guidelines amendment. Senator Demuzio had held it. There was some question on the two-thirds/one-third split with the eounty. I khink that's been resolved. And I would move adoption of Committee Amendmen: No. 1.

All right. Senator Carroll has moved the adoption of Committee Amendment No. to House Bill 3168. Discussion? If notz all in favor, indicaee by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Are there furkher amendments?

l97 . 1 i ' STATE OF ILLINOIS , 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 No further committee amendments. PRESIDENT ROCK: Are there amendments from the Floor? SECRETAR; HAWKER: Senator Carroll offers Amendment No. 2. PRESIDENT ROCK: Senator Carroll, on Amendment No. 2. SENATOR CKRROLL: Thank you: Mr. Presidentv Ladkes and Gentlemen of the Senate. The Central Management Services has noW approved a lease for operation of their office in Elgin. It required an additional rent amount of some thirteen thousand seven hundred. This would appropriate that amount. I would move its adoption. PRESIDENT ROCK: Senakor Carroll has moved the adoption of Amendment No. 2 to House Bill 3168. Discussion? If noty al1 in favorr indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCK: 3rd Reading. 3290. Senator Kelly. Top of Page 34. 3397. Senator I%m sorry. Senator Kelly. Senator Xelly. Senator Kelly. SENATOR KELLX: Thank your Mr. President. Yes. We would like to proceed. Senator Jacobs has the amendment. PRESIDENT ROCK: So you wish 3290 called? SENATOR KELLY: Right. PRESIDENT ROCK: 198 q 86S tT hAT GZ ENO EF LLL RAI AI SN SO EM REGULAR SESSION IS BL Y SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Okay. On the Order of House Bills 2nd Reading, the bottom of Page 33, is House Bill 3290. Read the bill, please. SECRETARY HAWKER : House Bill 3290. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDENT RQCK: Any amendments from the Floor? SECRETARY HAWKER: Senator Jacobs offers Amendment No. PRESIDENT ROCK: Senator Jacobs: on Amendment Ho. 1. SENATOR JACOBS: Thank youe Mr. President, Ladies and Gentlemen of the Senate. This amendment merely establishes a requirement for discipline of educational support personnel. It's a bill that we passed out last yearz and it was bottled up in a conference committee with a 1ot of other stuff: and I ask for its support. PRESIDENT ROCEJ A1l right. Senator Jacobs has moved the adoption of Amendment No. ko House Bi11 3290. Discussion? If not, a1l in favor, indicate by saying Aye. A1l opposed. The Ayes have Amendment is adopted. Are there further amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCK : 3rd Reading. With leave of the Body: wefll go back. Senator Hall has returned to the Floor. 1560. On the Order of House Bills 2nd Reading is House Bill 1560. Read the bill, please. SECRETARY HAWKER: House Bill 1560. (Secretary reads title of bill) 199  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Hall offers Amendment No.

Senator Hall, on Amendment No. 1. ... (pause)... Senator Hall.

Thank you, Mr. President and Ladles and Gentleaen of the Senate. This deletes all, and creates the Infrastructure Bank Study Commission Act to study the feasibility of creating an infrastructure bank in Illinois. It requires the Commission to report to the GA by 3/1/92, and sunsets in 12/31/92. I move for the adoption of this amendment.

A11 right. Senator Hall has moved the adoption of Amendment No. to House Bill 1560. Discussion? If not, a11 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

There are no further amendments.

3rd Reading. Now, top of Page 34. On the Order of House Bills 2nd Reading is House Bill 3397. Read the bill, Madam Secretary, please. SECRETARY HAWKER: 4 House Bill 3397. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor? 200  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT I 105th Legislative Day June 20, 1990 I SECRETARY HAWKER: No Ploor amendments. PRESIDENT ROCK: 3rd Reading. 3468. Senator Carroll. Read the bill, please, Madam Secretary. SECRETARY HAWKER: House Bill 3468. (Secretary read: title of bill) 2nd Reading of the bill. Tbe Committee on Insurance, Pensions and Licensed Activlties offers Amendment No. 1. PRESIDENT ROCK: Senator Carroll, on Committee Amendment No. 1. SENATOR CARROLL: We would ask leave to Table Committee Amendment 1. They were tryinq to work out an agreement on lanquage on ehe dumping issue, and it has not yet been reached . So, by agreement, we would Table khis amendment, move the bill to 3rd, and hold it there. PRESIDENT ROCK: All ziqht. Senator Carroll moves to Table Committee Amendment No. l to House Bill 3468. Discussion? If not, all in favor of the Mokion to Table, indicate by saying Aye. A1l opposed. The Ayes have it. The motion carries. Amendment No. l is Tabled. Are there further amendments? SECRETARY HAWKER: No further committee amendments. PRESIDENT ROCKZ Are there amendments from the Ploor? SECRETARY HAWKER: Senakor Jacobs offers Amendment No. 2. PRESIDENT ROCK: Senator Jacobs, on Amendment No. 2. SENATOR JACOBS: i 20l L . -. s.  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 I No: that's -- thatls out of the record - should be. PRESIDENT ROCK: It wi1l be# if you ask it to be. SENATOR JACOBS: I ask for it to be. PRESIDENT ROCX: Okay. Gentleman seeks leave to Withdraw it. Purther amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCK: 3rd Reading. Senator Donahue. 3494. Read the bill, Madam Secretaryy please. SECRETARY HAWKER: House Bi11 3494. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDENT R0CK: Any amendments from the Floor? SECRETARY HAWKER: No Ploor amendment's. PRESIDENT ROCK: 3rd Reading. 3506. Senator Maitland. Read the bille please, Madam Secretary. SECRETARX HAWKER: House Bill 3506. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Energy and Environment offers Committee Amendment No. 1. PRESIDENT ROCK: Senator Maitlandy on Committee Amendment No . 1. SENATOR MAITLAND: 202 1 .  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Thank you very muchr Mr. Presidentz Members of the Senate. House Bi11 -- Amendment No. l to House Bill 3506 was the agreed-to amendment that was put on in -- in committee. I -- I really know of no opposition. I would move for khe adoption.

Al1 right. Senator Maitland has moved the adoption of Committee Amendment No. 1 to House Bill 3506. Diseussion? If notr al1 in favor, indicate by saying Aye. Al1 opposed. The Ayes have The amendment's adopted. Further amendments?

No further committee amendments.

Any amendments from the Ploor?

Senator Maitland offers Amendment No. 2.

Senator Maitland, on Amendment No. 2.

Thank you very muchz Mr. President, Members of the Senate. Amendment No. 2 extends the -- the areas covered to the skull, and sinuses, and the spiney and I know of no opposition. Would move for the adoption.

Senator Maitland's moved the adoption of Amendment No. 2 to House Bill 3506. Discussion? If not, a1l in favor -- I'm sorry. senator Jacobs.

Thank you, Mr. President. Would the senator yield for a question, please?

He indicates he will yield, Senator Jacobs.

203  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislatkve Day June 20, 1990 Senator Maitland, itfs my understanding that the radlologists are -- are not in favor of this amendment, that it goes much further than whak appears to go, because you -- you are limiting, as I read it. the requirements needed to take -- to take x-rays of the head and body. think that's a little more detailed than what the -- the first emphasis Was of the bille and I think that there's more to know the Medical Society wants this, but -- but I don't think that it's a bill that -- or an amendment thak we should put onto thi: very good bill.

Further discussion? Senator Maitlandg you wish to close?

Thank you, Mr. President. Only to say, Senator Jacobsy believe there is some -- some mild opposition to this by -- by the radiologists. This is the -- the amendment that was discussed at qreat lengths and I -- and the Med Society is supporting this one. I would move for the adopkion.

Senator Maitlandds moved the adoption of Amendment No . 2 to House Bill 3506. A11 in favor of the amendmentz indicate by saying Aye. Opposed. The Ayes have it. The amendment's adopted. Are there furkher amendments?

No further amendments.

3rd Reading. 3513. Sena*or Schaffer. Read the bill, please, Madam Secretary . SECRETARY HAWRER) House Bill 35 -- 3513. (Secretary reads title of bill) 2nd Readin: of the bill. No committee amendments.

204  ETATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 Any amendments from the Floor?

No Floor amendments.

3rd Reading. 3587. Senator Madigan. 3610. Senator Dunn. 3630. Senator Maitland. Read the bill, Madam Secrekary, please. On the order of House Bills 2nd Reading, middle of Paqe 34, is House Bill 3630. Read the billy please.

House Bill 3630. (Secretary reads title of bill) 2nd Reading of the bill. The Commietee on Exeeutive offers Amendment No. 1.

Senator -- has been adopted already?

Thank you very --

Commlttee Amendment No. l has been adopted. Are there further amendments?

Amendment No. 2 offered by Senator Maitland.

Senator Maltland, on amendment No. 2. SENATOR MAITLAND; Mr. President, this is an amendment that w111 have to go on at some point, but we are -- we are lead to believe it does not track. So we kould like to Withdraw that amendment at this time.

All right. Amendment will be withdrawn. Further amendments?

Amendment No. z'offered by Senator Maitland. 205  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Senator Maitland: on Amendment No. 2.

Thank you very much, Mr. President and Members of the Senate. Amendment No. 2 to House Bill 3640 -- 3630 brings in two more easements, one in Ford County, and one in Bond County. I would move for the adoption.

Senator Maitland's moved the adoption of Amendment No. 2 to House Bill 3630. Discussion? If not, all in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

Amendment No. 3 offered by Senator Vadalabene.

Senator Vadalabene, Amendment No.

Thank you, Mr. President and Members of the Senate. This amendment adds an additional release of easements ko TDOT'S annual bill dealing 11th this issue. Both staffs have been provided information and appraisals relative to this bill. I ask for your favorable vote.

Senator Vadalabene's moved the adoption of Amendment No. 3 to House Bill 3630. Discussion? If noty all in favor, àndicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Purther amendments?

No further amendments.

3rd Readin:. 3694. Senator zito. Read the bill, please.

206  STATE 0P ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 House Bill 3694. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Amendment No. offered by senator Luft.

Senator Luft, on Amendment No. 1.

Thank youz Mr. President. Amendment No. 1 just declares that the State funds, if appropriated for the purpose of regional poison resource centers, shall be distributed by the Department of Public Aid, rather that the Department of Public Health. The Department of Public Health supports the amendment.

Senator Luft has moved the adoption of Amendment No . l to House Bill 3694. Discussion? If not, all in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

Amendment No. 2 offered by Senator Smith.

Senator Smith, on Amendment No. 2.

Thank youe Mr. President, Ladies and Centlemen of the Senate. Amendmènt No. 2 of 3694 retains the original bill and adds House Bill 3482, which stipulates that when an adoption is ordered by a court, the records furnished by the court -- court clerk to the State Registrar of Vital Reeords shall include the Social Security number of the adoptive parent. I move its adoption.

207  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Senator Smith's moved the adoption of Amendment No . 2 to House Bill 3694. Discussion? If not, al1 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

Amendment No. 3 offered by Senator Zito.

Senator Zito, on Amendment No. 3.

Thank you, Mr. President and Members. Amendment No . 3 was given to us, and is agreed eo by the Tllinois Hospital Association. It adds strep tests to the list of tests described ln the amendment, and I would move for its adoption.

Senator Zito's moved the adoption of Amendmen: No. to House Bill 3694. Discussion? If not, all in favor: indieate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Purther amendments?

Amendment No. 4 offered by Senator Zito.

Senator Zito: on Amendment No, 4.

Thank you, Mr. President and Members. This amendment came to us and is a recommendation of the Department of Public Hea1th. According to khe Departmene, the amendment now reflects the noncontroversial aspeets of House Bill 3587. I would move for its adoption.

Senator Zito has moved the adoption of Amendment No. 4 to House Bill 3694. Discussion? If not, a1l in favor, indicate by saying Aye. All opposed. The Ayes have The amendment's 208  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 adopted. Purther amendments?

Amendment No. 5 offered by Senator Zito .

Senator Zito, on Amendment No. 5.

Yes. Mr. President and Members. This is a technical amendment, and I would move for its adoption.

Senator Zito has moved the adoption of Amendment No. 5 to House Bill 3694. Discussion? If not, a11 in favor, indicate by sayin: Aye. A11 opposed. Tbe Ayes have The amendment's adopted. Purther amendments?

No further amendments.

3rd Reading. 3718. Senator Netsch. Read the billg Madam Secretary, please.

House Bill 3718. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

senator NeEsch offers Amendmenk No. 1.

Senator Netsch, on Amendment No. 1.

Thank youy Mr. -- thank you, Mr. President. Amendment No. l is quite substantive, and fairly important. What it is intended to do# is ko address the major problems that are caused to our 209  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 whole budgetary process by the enormous amount of money that is spent during the lapse period and the length of that lapse period. So what the amendment proposes to do# is to reduce the lapse period to two months, and also to tiqhten up those expenditures that may be paid during that lapse period from the prior year's appropriation. Of course, it in no way suggests that those bills won't be paid: it's just that -- from what appropriation they will be paid. I will be distributing a memo tomorrow that will just set out some figures and further background on that. In the meantime, I would move the adoption of Amendment No. l to House Bill 3718.

All right. Senator Netscb has moved the adoption of -- Amendment No. 1 to House Bill 3718. Discussion? If noty a11 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 3725. Senator Hall. 3777. Senator Newhouse. Read the bill, Madam Secretary, please.

House Bill 3777. tsecretary reads title of bill) 2nd Reading of the bill. No committee amendmenks.

Any amendments from the Floor?

Senators Newhouse and Smith offer Amendment No. 1. PRESIDENT ROCMI Senator Newhouse, on Amendment No. 1.

210  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 105th Legislative Day June 20, 1990 Thank you, Mr. President. Mr. President, Amendment Nc. to House Bill 3-7-7-7 implements a recommendation of the Cook County Health Care Summit. The purpose of the amendment is to keep the bill moving; to gee lt to conference committee, so that it can come to some consensus for recommendation to the Summit. would move its adoption.

Senator Newhouse has moved the adoption of Amendment No. 1 to House Bill 3777. Discussion? If not, al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Eurther amendmenks?

No further amendments.

3rd Reading. Top of Page 3S. 3891. Senator Davidson. Read the bill, please.

House Bill 3891. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive offers Committee Amendment No. 1.

Senator Davidson, on Committee Amendment No.

Mr. President and Members of the Senate, I want all of you to please pay attention to this bill, 'cause some of you had questions about it, and we want to adopt Ehis committee amendment so it can proqress on# and then pass it out of here. The House will noe concur in the amendment; wedll refuse to reeede, so We can get it to conference commtttee. We have a1l the players private industry, homebuilders, appraisers, et cetera - meeting again tomorrow evening, and if we don't get it in place by June 2l1  STATE OF ILLINOTS 86th GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 30th, why then itdll be where we can use it alive at the Veto Session. So I'd move to adopt Committee Amendment No. 1.

A1l right. Senator Davidson 's moved the adoption of Committee Amendment No. l to House Bill 3891. Discussion? If noty all in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Eurther amendments?

No further committee amendments.

Any amendments from khe Floor?

No Floor amendments.

3rd Reading. 4140. Senator Marovitz. Read the bill, Madam Secretaryr please.

House Bill 4140. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor? SECRETARY HAWKER; Senator Marovitz offers Amendment No. 1.

Senator Marovitze on Amendment No. 1.

Thank you very mueh, Mr. President and Members of the Senate. Amendment No. l is the -- embodies the btll with a minor change, that we passed in the Senate, dealing With accidental killings of children with firearms. The change in the bill -- we specified that ehe treble damages are eategorized as punitive, so that 2l2  STATE OP ILLIKOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20y 1990 insurance companies would be shielded from any liability, or any damages from the bill. In just Monday's State Journal Register, the headllne is, ''Summer gun play leaves many children dead.'' 'Isunmer's the season for ice cream, baseball, bike rides, and a11 too often, accidental shootings involving kids. Every summer hundreds of kids are killed or injured while playing with handguns, which often belong to parents or friend's parentsz'' said Bob Scully, President of the National Association of Poliee Organizations. Within the last couple weeks, kids right here in Springfield, Taylorville have been killed. I just wonder how many more kids have to die before we take appropriate action about something that really is basic. We passed this bill. don't think it needs a long discussion. Duey Stokes, the National President of the Praternal Order of Police, said, ''Parents must take safety precautions to unload and lockup their handguns, so that their children aren't exposed to handgun danger in the home.'' This bill lost in the House today. I want you to know that it lost in the House. People said that it didn't go through committee, because the votes weren't there in committee. It didn't have a committee hearing . That's one of the reasons it lost. I khink that it needs another chance in the House. It's basic common sense that if kids are dying in -- by accidents, khat we do something about :t. It worked in Florida. People bought trigger-lock mechanisms. It can - it Will Work here. HoW many more kids have to die before we take actàon? I solicit your Aye vote .

All ri:ht. Senator Marovitz has moved the adoption of Amendment No . l to House Bill 4140. Diseussion? Senator Philip.

Thank you, Mr. President. I have a question of the Chair. Is this amendment germane to the bill? I'd like to have a ruling 2l3  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 from the Chair.

All rtght. We'll the Chair will certainly take a look at it. ...tmachine cutoffl... A11 right. Senator Philip, yes. The Chair is prepared to rule that Amendment No. as offered, is germane on the basis that they are both -- the oriqinal proposal and the amendment both deal wikh criminal offense. Further discussion on Amendment No. Senator Davidson.

Question of the sponsor.

Sponsor indicates he Wi1l yield, Senator Davidson.

On the second page of your amendment, the last paragraph says, ê'it shall not apply to any firearm obtained by a minor under the age of fourteen because of unlawful entry of the premises by the minor or other persons.'' What about -- does this apply only if itfs unlawful entry to the house or to their garage, or is -- since you related to the one situation: and spoke about Taylorville, the one unfortunate aecident was these kids broke into the locked gun cabinet within the house. They were -- they were children of that parent. What happens to that parent in this case?

Senator Marovitz.

Nothing happens to Lhat parent, because that parent took the responsible action of locking or securing the gun. So there is absolutely no violation under that case, and I'm glad you brought it up .

Senator Davidson. 214  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Also, if the weapon is loaded and is in a locked cabinet, or has a trigger lock on it, et cetera, does that excuse -- or that exonerate the owner of the gun if the child attains that :un legally or illegally actually it'd be illegally, if you were without his permission - but if the gun is loaded and is in a locked cabinet, or With a trigger lock, but Whatever reason, the child is able to gain aecess and make it usable, is the owner of the gun still liable?

Senator Marovitz.

The owner of the :un is totally exonerated. There is no liability on the gun owner.

Further discussion? All right. Senator Marovitz has moved the adoption of Amendment No. l to House Bill 4140. A11 in favor, indicate by sayin: Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 4190. Senator Luft. 4208. Senator Zito. Read the bill, please.

House Bill 4208. (Secreeary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senators Zito and Keats offer Amendment No. 2l5  STATE QF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Senator Zito, Amendment No .

1'11 defer to Senator Keats.

Senator Keats: on Amendment No. 1.

What this amendment doesz in meetings With the Bankers Associakion and kith Department of Public Aid and people who have been involved in khe distribution of Public Aid checkse this simplifies the system and allows a recipient eo receive that system at a finaneial institution, not just a currency exehange. But it does not in any way cut out the currency exchanges. They are not opposed to it. We Will continue to work with the Department of Public Aid. The effective date of the bill would be January. They have a hundred and eighty days to implement the system. So one year from today they would have to come on line, ko find a way to electronically transfer these funds. If there are any questions, we'd be glad to answer them .

All right. Senator Keats has moved the adoption of Amendment No. l to House Bill 4208. Discussion? If notz a1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendmen*s?

No further amendments.

3rd Reading. Al1 right. Ladies and Gentlemen, with leave of the Body, we'll go now to the Recalls. I direct your attention to the Recall List. There are some thirty additional amendments to be offered. If you'll turn to Page 6 on the Calendar. On the Order of House Bills 3rd Reading is House Bill 4-9-3. Senator 216  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legkslatkve Day June 20: 1990 Dudycz seeks leave of the Body to return Ehat bill ko the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 493, Madam Secrekary.

Amendment No. 3 offered by Senators -- Amendment No. 3 offered by Senator Dudycz.

Al1 right. Senator Dudycz, on Amendment No. 3.

Yes. Thank you, Mr. President. Amendment No. 3 is merely technical in nature, and it corrects a grammattcal and teehnical erro r.

Senator Dudycz has moved the adoption of Amendment No. to House Bill 493. Discussion? If not, a11 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Readinq. Page 1681. Senator Dunn seeks leave of the Body ko return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bklls 2nd Readkn: is House Bî1l 1681, Madam Secretary.

Amendment No. 3 offered by Senators Kustra and Holmberg.

Senator Kustra. SENATOR KUSTRA Thank you, Mr. President and Members of the Senate. Amendment 217  STATZ OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 No. 3 has the contents of Senate Bill 1766, Which we passed out of here 55 to nothing. It's been held up in the House, for reasons that have nothing to do with the content of the bill. The amendment allows school districts to utilize up to tWo of their teacher institute days as parental institute days. And I'd now move that We adopt Amendment No.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rustra has moved the adoption of Amendment No. 3. Is khere discussion? If not, those in favor Will indicate by saying Aye. Opposed: Nay. The Ayes have it. Amendment No. 3 is adopted. Further amendments?

No further amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Reading. Page 21 is Senate Ksic> Bill 2367. Senator Jacobs seeks leave of the Body to return House Bill 2367 to the ûrder of 2nd Readin: for the purpose of an amendment. Is leave granted? Leave is granted. House Bills 2nd Reading is House Bill 2367: Madam Secretary.

Amendment No. 1 offered by Senator DeAngelis.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGELTS: Thank you, Mr. President. The Senate passed, some time aqo, Senake Bill 2128, which was desiqned to alleviate .a problem -- to alleviate a problem coming from a community in my distriet that issued bonds based on the TIF legislation that existed at the timer and then found that later on - tWo years later - we changed that legislation, and they were held -- their feet to the fire terms of funding those bonds. The House thought that the bill might be a little too broad, and theydve agreed to khis amendment, 218  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV ' REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Which restricts the people Who are eligible for this, and also has a two-year sunset, and the reimbursement to that community. After tWo years, that community is going to have to go on its own to determine how it's going to fund the balance of those bonds.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Senator DeAngelis has moved the adoption of Amendment No. 1. Is there discussion? Senator Watson.

Yes. Question of the sponsor.

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

That's not certainly unique to your -- your communities. That - - that's a problem that welre having in every community throughout this State that has a TIF district.' I've got communities in my area who are asking me the same -- and have the same concerns as youdre addressingz and I guess your legislation -- your amendment is -- is restricted to just your district. Is that the case: Senator?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGELISI The answer is yes: Senator Watson. However, When I had 2128, I made inquiries of every TIF district through the TIF Association, and I don't believe that the communities in your area were affected. There were three other potential communities. This only applies to those communities who were involved when the Window was open for that two-year period, who, in fact, did issue the maximum allowable amount of bonds, under that particular Statute, not anybody who just issued bonds.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Watson. 2l9  STATE OF ILLINOIS 86*h GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

I believe the City of Salem, in Marion County, would be one of those particular communities. And if that's the fact, then will this have a positive impact on the City of Salem: and their ability to recover money from the TIP Fund?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGELIS: To my knowledge, Salem Was not one of the communities that was involved. I never saW them on any list.

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

Question of the sponsor, please, Mr. Presïdent.

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

Am I to understand that this is site, cityr TIF specific?

PRESIDING UFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGELIS: I believe that it -- the manner in which the House drew up this, basically restricted it to that one community. can't unequivocally say there might not be somebody else.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft.

Thank you, Mr. President. To expand on Senator Watson's question then. If I remember correetly, when we had the reform bill -- the TIF Reform Blll, we mandated certain TIF districts reduce their size and their -- their geograpbical size, and or their sales tax size. Some of those TIP districts had already 220  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 issued bonds and were harmed, in some degree or okherz because of that reduetion. Would they fall under this and be able to, somehow, issue more bonds, or receive more TIF money than they are getting now?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator -- Senator DeAngelis SENATOR DeANGELIS: Well, you know, we had 2128, which Was broader, in this Chanber. And I went ahead and asked, at the time, if there were any communities that had the similar problem . To my knowledgey none of them did. Now, this only applies to someone Who has issued bonds in a dollar amount that exceeded the amount that the change in 1aw would allow them to pay. And from my knowledge, - - I think there 's only one community that that applies to.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator DeAngelis, you may close. SENATOR DeANGELIS: I urge the adoption of this amendment. PRESIDING OFPICER: (SENATOR DEKUZIOJ Senator DeAngelis has moved the adoption of Amendment No. 1. Is there further discussion? If not: those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted . Furtber amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Readinq. Paqe 8. Senator Welch, on 2842, seeks leave of the Body to return House Bill 2842 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 2842, Madam Secretary.

221  STATE OF ILLINOIS 86th CENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Amendment No. 2 offered by Senator Jacobs.

Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. l -- Floor Amendment No. -- to 2842 strictly allows for peace officers employed by the State universtties to be kncluded under the Public Labor Relatkons Act. And I ask for your support.

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

Amendment No. 3 offered by Senator Welch.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch .

Thank you, Mr. President. This amendment is one suggested by the House sponsor: Representative Ropp, khich is similar ko an amendment that was put on a bill of Senator Rockls earlier today. Part-Elme students would not have to be tested when it eomes to it students enrolled in classes less than half time, or part-kime students would not have to be immunized under State Public Health Act poliey .

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Welch has moved the adoption of Amendment No. Is there discussion? If notf those in favor Will indicate by saylng Aye. Opposed: Nay. The Ayes have it. Amendment No. 3 is adopted. Further amendments?

222  STATE OF ILLINOIS 86th GENERAL ASSEMBLM REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20s 1990 No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Paqe 22. Senator Karpiel seeks leave of the Body ko return House Bill 2884 to the Order of 2nd Reading for the purpose of an amendment. Leave qranted? Leave is qraneed. House Bill 2nd Reading is House Bill 2884, Madam Secretary.

Anendment No. l offered by Senator Karpiel.

Senator Karpiel.

Yes. Thank you, Mr. President. Amendment No. eo House Bill 2884 does two things. It amends the Highway Code, and says that in khe ease of a road district having a populatian of fifteen thousand or more, that requires that eontracts for construction materials, supplies and machinery or equipment, costin: more than ten thousand: be 1et to the lowest responsible bidder. It also amends the Township Purchasing Aet, and requires that with respect to a township contract for services or other items, which is subjeet to bidding requirements, the township must advertise for bids at least once.

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

No further amendments.

PRESIDING OFFICER: (SENATOR DEMDZIO) 3rd Reading. 2966. Senator Newhouse seeks leave of the Dody to return House Bill 2966 to the Order of 2nd Reading for the purpose of an amendment. Is leave -- I'm sorry. For the purpose 223  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 of Tablinq an amendment. 'Is leave granted? Leave is granted. House Bills 2nd Reading is House Bill 2966. Senator Newhouse. SENATOR NEWHOUSEI Thank you, Mr. President. You skated the case. I move to Table Amendment No. 1.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Newhouse, havin: voted on the prevailing side, moves to reconsider the vote by which Committee Amendment No. l was adopted. Those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. The motion -- the amendment is reeonsidered. Senator Newhouse now moves to Table Committee Amendment No. 1. Those in favor Will indicate by saying Aye . Opposed, Nay. The Ayes have it. Committee Amendment No. is Tabled. Purther amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 3136. Senator Watson. Watson Senator Watson on the Floor? I'm sorry. I didn't recognize you With a11 your buttons. Senator Watson seeks leave of the Body to return House Bi1l 3136 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3136, Madam Seeretary' please.

Amendment No. 3 offered by Senator Watson.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Yes. Thank you, Mr. President. Nice to meet you: too. This particular amendment would allow for the City of Morris to enter into a quick-take provision for a period of one year from the 224  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 effective date of thiB partieular bill, for the development of the Morris Municipal Airpork. I don't know if you were around When the Mayor Bud Washburn - kho kas a former State Representative, noW Mayor of Morris - was hereg and asked us to -- to put this particular provision on this bill. We have -- there are four parcels of land involved. The -- the land 's been appraised . It's in the IDOT budget. Itls been approved by the -- by the feds and *he Stake, so 1 know of no opposition, but be glad to answer any questions. Otherwise, 1'd appreciate your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Watsonfs moved the adopti/n. Is there discussion? Senator Joyce.

Yes. Thank you, Mr. Prestdent. I'd rise in support of this. It -- it's a good project.

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

I had a question of the sponsor.

PRESIDINC OFPICER: (SENATOR DEMDZIO) Sponsor indicates he Will yield. Senator Welch.

Senator Watson, hoW close to the City of Morris is the land that youdre talking about? How many miles?

PRESIDING OPPICER: (SENATOR DEMDZIO) Senator Watson. SENATOR WATSON; I'm sorry. I can 't really defer. -- I Would probably defer to the Senator from that district, if we eould, at this point.

PRESIDINC OFPICER: (SENATOR DEMUZIO) Senator Joyce.

225  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 I I It's about, I'd guess, a mile - mile and a half.

PRESIDING OFPICER: (SENATOR DEMUZIO) Purther discussion? Senator Watson has moved the adoption of Amendment No. 3. Those in favorw indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 3 is adopted. Further amendments? SECRETARY HAWKERJ Amendment No. 4 offered by Senators Thomas Dunn and J.J. Joyce.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Thomas Dunn.

Thank you, Mr. President. This extends to Will and Kankakee County khe same authority as the Quad City Regional Economic Development Authority and the Upper Illinois River Valley Development Authority.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn has moved the adoption of Amendment No. 4. Is there discussion? If not, those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 4 is adopted . Purther amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 3149. Senator Jones seeks leave of the Body to return House Bk11 3149 Eo Ehe Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3149, Madam Secretary

Amendment No. 2 offered by Senator Jones. PRESIDING OFFICERI (SENATOR DEMUZIO) I 226  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Senator Jones.

Yeah. Thank youp Mr. Presidenty Members of the Senate. Come back to this in a minute. Come back to it.

PRESIDING OFFICER: (SENATOR DEMUZIO) Take it out of the record. 3161. Senator Hawkinson seeks leave of the Body to return House Bill 3161 to the Order of House Bills -- to 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. House Bills 2nd Reading is House Bill 3161, Madam Secretary.

Amendment No. 2 offered by Senators Hawkinson and Barkhausen.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson.

Thank you, Mr. President. Amendment No. 2 adds three Senate Bills: Senate Bill 2105, dealing with use immunity; Senate Bill 2112, which was the Drug Asset Porfeiture Act; and Senator Barkhausen's billy Senate Bil1 2186. The latter tWo bills were on our Agreed B1l1 List, and passed unanimously . The Use Immunity Bill, Senate Bill 2105, passed by a vote of 47 to For some reason weren't 1et out of the Rules Committee in the House. And I would ask for the adoption of Senate Amendment No. 2 to House Bill 3161.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson has moved the adoption of Amendmenk No . Is there discussion? If not, those in favor will indieate by saying Aye. Opposed, Nay. The Ayes have Oopsl Beg your pardon. IIm sorry. Discussion? Senator Thomas Dunn.

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

PRESIDING OFFICER: (SENATOR DEMUZIO) 227  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Sponsor indicates he will yield. Senator Dunn.

Senator Hawkinson, does this deal kith accountability, and the portion that could, eonceivablyz lead to the taking akay of a residence Where a child who lives in the residence sells a -- a prohibited druq?

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Hawkinson.

The the bills have not been -- the amendment is identical to the bills as we passed it in the Senate. And I believe they would require knowledge, not participationz by the parent.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Dunn.

We had a meeting last night, Senator, for approximately two hours With many of the participants ànvolved in 3610, and essentially came up with an agreement between the parties -- or most of the parties. And I would point out to you, that your bill differs, substantially, from What that agreement led to. In the question of accountability, the Members should know that a parent knows ehat a child - their child - sells a 1id of grass, that -- did you wish to lnterrupt? Go ahead.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Hawkinson.

Senator, if there's been an aqreement that I'm not aware of, I'd be happy to take a look at that languagez and -- and incorporate it. Sure. Out of the record.

PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Take it out of the record. Senator Jones indicates he is ready now. So# With leave of the Body, we'll 228  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 return to House Bi1l 3149, Madam Secretary. Senator Jones has sought leave to return House Bill 3149 to the Order of 2nd Reading for the purpose of an amendnent. Is leave granted? Leave is granted. House Bills 2nd Reading is House Bill 3149, Madam Secretary.

Amendment No. 2 offered by Senator Jones.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

ïeah. Thank you, Mr. President and Members of of the Senate. Amendment No. 2 is the language recommended by the Department of Professional Regulation, as relate to the Pharmacy Act. And it inserts ln there a list of disciplinary actions the Department can take against pharmacists. And I move its adoption. PRESIDING OFFICERI (SENATOR DEMUZIO) Senator Jones moves the adoption of Amendment No. 2. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Amendment No. 2 is adopted. Purther amendments?

Amendment No. 3 offered by Senator Jones.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Thank you, Mr. President and Members of the fenate. Amendment No. 3 is the Clinical Social Workers Bil1 for third-party reimbursement. Iels the same bill that pasGed this Chamber: and khen Senate Bill 1510 got hung up in Ehe House eommittee: due to absenteeism of its membership. is the third -- is not a mandate, it is the third-party payment, and I move its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) 229  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Senator Jones has moved the adoption of Amendment No. 3. ls there discussion? Senator Schuneman.

Thank you, Mr. President. This bill amends the license provisions of the Statey and the amendment seeks to amend the Insurance Codez and I would question whether the amendment is germane to the bill. And I'm sorry about that.

PRESIDING OFFICER: (SENATOR DEMUZIO) w.. lmachine cutoffl...senator Schuneman, with respect to the ruling, both the bill and the amendment share a common qround the regulation of health care providers. The bill deals with unlicensed pharmacists - the amendment with licensed clinical social workers. Therefore, the amendment is, in the opinion of the Chair, germane. Senator Schuneman.

IIm sorry, Mr. President. I didn't hear everything. Did you rule that the amendment is germane?

PRESIDING OFPICER: (SENATOR DEMUZIO) Ves. The bill deals with...

And for what reason?

PRESIDING OPPICER: (SENATOR DEMUZIO) Al1 right. 80th tbe bill and the amendment share a common ground - the regulation of health care providers. The bill deals with unlicensed pharmacists the amendment With licensed clinical social workers. And tMerefore, the -- in the opinion of the Chair, the amendment is, in face: germane. Senator Schuneman.

Well. Thank you, Mr. President. There -- there's just little point in -- in this Body in trying to overrule the ruling of the Chair. But I think the Chair has, on at least tWo occasions in the last couple of days, reached pretty far to accommodate some of 230  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 these amendments. And -- and I would hope tha: that would be evenhanded for both sides of the aisle if, in factr that occurs. So With that I -- I would simply say that the ruling is something less than -- than understandable' 1 guess.

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

Yes. Thank you. Mr. -- Mr. President. There was a error madey and there Was another amendment that had been adoptedz and I want the leave to reconsider Amendment No. lw so that I can Table that amendment so that these amendments do track. So I'd like leave to reconsider Amendment No. that was -- had been adopted. PRESIDING OFFICER; (SENATOR DEMDZIO) Well -- Senator Philip, for what purpose do you arise?

Yes. Thank youz Mr. President, Ladies and Gentlemen of the Senate. I rise in opposition to this amendment. As you know this Was a -- was a Senate Bill --

PRESIDING QFPICER: (SENATOR DEMUZIO) Wait a minute.

- - and if youfll remember correctly --

PRESIDING OFPICER: (SENATOR DEMUZIO) Wait. Wait. Waik --

it was on Postponed consideration, and qot ou* of here with 30 votesz and then the House killed it. And why should we go into this once again. You know, we -- We Ghouldn't be doing it.

PRESIDING OFPICER: (SENATOR DEMUZIO) What's the issue? Welle Senator Jonesz it's it is my understanding that you request to go back to Amendment No . --

231  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Right.

PRESIDING OFFICER: (SENATOR DEMUZIO) -- for the purpose --

Of Tabling.

PRESIDINC OFPICER: (SENATOR DEMOZIO) of Tabling, and al1 riqht. Let's take Amendment No. 3 out of the record, momentarily. Take it out of the record. Senator Jones now, having voeed on the prevailing side, moves to reconsider kbe vote by which Amendment No . was adopted . Al1 right. Senator Schuneman, for What purpose do you arise?

Well, could -- could the Gentleman explain what he's -- what heds about here? We -- we amended the bill that -- that has to do with the Pharmacy Practice Act. And then he attached an amendment which you ruled was germane to the Insurance Code. NoW he seeks ko remove the first amendment, which was certainly germane. So could he give us an explanation as to where We're going wieh al1 this?

PRESIDINC OFPICER: (SENATOR DEMUZIO) Senator Jones.

7es. To clarify. Amendment No. which We adopt, as relate to the Pharmacy Act that Was adopted. But we should have Tabled the Committee Amendment No. 1. So, What I am doing now is just to reconslder the vote by which that amendment was adopted and Table that, so that the followin: amendments will track.

PRESIDING OFPICER: (SENATOR DEMUZIO) A11 right. Senator Jones, havàng voted on the prevailinq side. moves to reconsider the vote by which Committee Amendment No. 1 was adopted. Al1 in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. The -- Committee Amendment No. 232  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 is now reeonsidered. senator Jones.

Yes. I move to Table Committee Amendment No.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Senator Jones now moves to Table Committee Amendment No. 1. Those in favor will indicate by saying Aye. Opposed: Nay. The Ayes have it. Committee Amendment No. is Tabled. Further amendments?

Amendment No . 3 offered by Senator Jones.

PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Senator Jones.

Yeah. Thank youz Mr. President. Amendment No. 3 has been discussed. This is the Clinical Social Worker Third-party Payment Act: and I move its adoption.

PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Senator Jones ha5 moved the adoption of Amendment No. Is there discussion? Senator Echuneman.

Well, thank you' Mr. President. Simply to ask for a roll call on this -- on this vote. This is - once aqain - is an attempt to adopt the Clinical Workers Social -- Soeial Clinieal Workers Act. And I think that this -- this measure has had adequate debate here. Itls been rejected in the House. And -- and I Would urge a No vote.

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

just ask for a favorable vote. PRESIDING OPPICER: (SENATOR DEMUZIOJ All right. Senator Jones has moved the adoption of Amendment 233  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 No. 3. Those in -- those in favor WL1l vote Aye. Those opposed. Nay. The voting is open. Have all voted kho wish? Have a11 voted who wish? Have a1l voted who wish? Have al1 voted wha wish? Take the record. On that question, the Ayes are 40, the Nays are l7, none voting Present. Amendment No. is adopted. Further amendments?

No further amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Readin:. 3167. Senator Fawell seeks leave of the Body to return House Bill 3167 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave ls granted. On the Order of House Bîlls 2nd Reading is House Bkll 3167, Madam Seeretary.

Amendment No. 2 offered by Senator Fawell.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator PaWell.

Thank you very much. Having voted on the prevailin: side: would like to reconsider the vote on Amendment No. 1. 1* was flawed, and -- and substitute...

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell, having voted on the prevailinq side, moves to reconsider the vote by which Amendment No. l Was adopted. Is there discussion? not, tbose in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries. The Committee Committee Amendment No. is now reconsidered. Senator Pawell now moves to Table -- Senator Pawell moves to Table Commitkee Amendment No. Is that right: Senator Fawell? Give me a sign of some sort...

234  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I l05th Legislative Day June 20, 1990 I Ves. I -- I'm -- I'm saying yes. Yes. Yes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Okay . Well, I mean -- I won't -- A11 right. Senator Fawell now moves to Table. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Committee Amendment No. l is Tabled. Further committee amendments?

No further committee amendments.

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

Senator Fawell offers Amendment No. 2.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell.

Thank you very much. This is basically the same amendment, although it says no inmate shall be eligible for good-time conduet credit under this paragraph, if such inmate has engaged in the educational, academic or vocational training programs before, and has subsequently been convicted of a felony. It also still exeludes first degree murderz second degree murder, Class X felonies.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell has moved the adoption of Amendment No. 2. Discussion? If not, those in favor Will indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Amendment No. 2's adopted. Further amendments?

No further amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Reading. 3273. Senator Rock. 3330. Senator del Valle seeks leave of the Body to return House Bill 3330 to the Order of 1 235  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3330, Madam Secretary.

Amendment No. 1 offered by Senator del Valle.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. This amendment was worked out with IDPH . It makes the pilot programs permissivey and allows DPH to explore alternative methods of funding.

PRCSIDING OFFICER: (SENATOR DEMUZIO) Senator de1 Valle has moved the adoptlon of Amendment No.'l. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. is adopted . Purther amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 3337. On the Order -- Senator Marovitz.

Question, Mr. President. There are still some discussions going on, and I've discussed with Senator Madigan - holding this so Ehat we can get, perhaps, another agreed amendment tomorrow. If we do thaty will this automatically appear on the Recall tomorrow? Will this automatically appear on Recall? Without us doinq anything?

PRESIDING OFFICER: (SENATOR DEMUZIO) If the amendment -- we pass over it today, khe amendment is still filed. It will show up on the Recall List tomorrow.

Thank you very much. 236  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20: 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) If it is not -- -- if there's no action with respect to the amendment tomorrow on the Recall Listz it automatically goes back -- reverts back to the poskure where it currently reposes, and that would be 3rd Reading. SENATOR MAROVITZJ Okay. But right now, if we don't hear it today, it will be on the Recall List tomorrow?

PRESIDING OFFICER: (SENATOR DEMUZIO) That is correct.

Thank you very nuch, then -- then I will just pass it.

PRESIDING OFFICER: (SENAIOR DEMUZIO) House Bill 3370 -- 3406. Senator Jaeobs seeks leave of the Body to return House Bi1l 3406 to the Order of 2nd Readin: for the purpose of an amendment. Is leave granted? Leave is granted. House Bills 2nd Reading is House Bill 3406, Madam Seeretary.

Amendment No. 1 offered by Senakor Jacobs.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Jaeobs.

Thank youz Mr. Presidentg Ladies and Gentlemen of the Senate. Floor Amendment No. l to 3406 strictly takes the interest earned on bonds by QCREDA, and eonsiders them as tax exempt. Currently, the the Authority has the discretion of considering khem *ax exempt: and it's posing some legal problems, and We'd like to have this passed.

PRESIDING OFFICER: (SENATOR DEMUZIO) Genator Jacobs has moved the adoption of Amendment No. Ts there discussion? If not, those in favor will indkcate by saying Aye. Opposede Nay. The Ayes have Amendment No. is 237 ' STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 ! adopted. Further amendments? SECRETARY HAWKER: Amendment No. 2 offered by Senator Jacobs. PRESIDING OFFICER: (SENATOR DEM02I0) Senator Jaeobs. SENATOR JACOBS: Thank you, Mr. Chairman. We have passed this amendment out before. This bill basically covers firemen who have continued eoverage and are eligible for Medicare coverage. They may receive kheir benefits, as a supplement to Medicare, if they pay the reguired premiums. This has a State Mandates exemption. PREEIDING OPFICER: (SENATOR DEMDZIO) Senator Jacobs has moved the adoption of Amendment No. 2. Is khere discussion? If not: those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is adopted. Further amendments? SECRETARY HAWKER: Amendment No. 3 offered by Senator Jacobs. PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Jaeobs. SENATOR JACOBS: Thank youe Mr. President. Amendment No. 3 does the same thing as Amendment No. 2, except it -- it also includes the Illinois -- those nembers eovered by the Illinois Municipal Retirement Pund. No Stake funds involved in this either. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs has moved the adoption of Amendmenk No. 3. Is khere discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 3 is adopted. Further Amendments? SECRETARY HAWKER: No further amendments. I 238  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading . Page Senator Barkhausen. Senator Barkhausen seeks leave of the Body to return House Bill 3527 to the Order of 2nd Reading for the purpose of Tabling an amendment. Is leave granted? Leave is :ranted. On the Order of House Bills 2nd Reading is House Bill 3527, Madam Secretary.

Amendment No. 1.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Barkhausen.

Mr. President, I move Ehat we Table Amendment No. 1 ko House Bill 3527.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen, having voted on the prevailing side, moves to reconsider the vote by Which Amendment No. Was adopted. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. The motion to -- is reeonsidered. Senator Barkhausen now moves to Table Amendment No. 1. Those in favor will indicate by sayin: Aye. Opposed, Nay. The Ayes have Amendment No. l is Tabled. Purther amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Readinq. 3528. Senator Barkhausen. 3536. Senator Philip seeks -- Senator Philip seeks leave of *he Body Eo return - - Senator Barkhausen, is it your intention to proceed with 3528 today? A1l right. 3536. Senator Philip seeks leave of the Body to return House Bil1 3536 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Readin: is House Bill 3536. Madam Secretary. 239  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT lQ5tb Legislative Day June 20, 1990

Amendment No . 2 offered by Senator Philip.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Philip.

Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. This is the Governor's appropriation. It takes off the House amendment of fifty/fifty. Move the adoption of Amendment No. to House Bill 3536.

PRESIDING OFPICER: (SENATOR DEMUZIO) .oo tmachine cutoffl...All right. It's it's my understanding we want to move to reconsider the -- al1 right. A1l riqht. Senator Philip has moved the adoption of Amendment No. 2. Is there discussion? Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Rise in support of the amendment. We had agreed that there would be no fifty/fifty amendment on any of the bills. Because we had Tabled our committee amendment that had done other things, as well as take off tbe fifty/fifty amendmenf, there would -- the fifty/fifty amendment imposed by the House was still on this bill. Senator Philip, therefore, is moving to eliminate that, and we totally support that.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 riqht. Senator Philip has moved the adoption of Amendment No. 2. Further discussion? If not, Ehose in favor, lndicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2's adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Readinq. 3590. Senator Watson. Senator Watson seeks 240  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legkslative Day June 20, 1990 leave of the Body to return House Bill 3590 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is qranked. 0n the Oröer of House Bills 2nd Readin: is House Bill 3-5-9-0, Madam Secrekary.

Amendment No. 2 offered by Senator Barkhausen.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Barkhausen.

Mr. President and Membersz Amendment No . 2 to House Bill 3590 is an aktempt to provide minimum penalties for violators of tbe Controlled Substanees Act and Cannabis Control Ack. Currentlyg there are Seetions in botb of those Statutes that: in effect, permit offenders or vlolators of both of these Statutes to get off without paying any penalty at all. What we are aktempting to do with this amendment is not to increase our prison population, but to provide, on the one hand, that those who violate these Sections are not eligible for court supervision, which means that - in the case of supervision - that nothing goes on one's criminal record, and to also provide minimum penalties of a thousand-dollar fine or a hundred hours of community service Work. It is the strong feeling of some of us tbat even users of drugs oughk to be paying some price, not necessarily a prison sentence and that's not what we provide in this amendment - but that there ought to be some consequences from these acts. And that only by enactinq a laW of this kind can we send a clear message that users of these drugs are creating a demand, that in turn is encouraging a supply, and thaE togeEher these are a great plague on our society. And this is the most meaningful Way We can think of to do something about ik. And I ask for your support.

Discussion? Senator D'Atco. 241  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l05tb Legislatkve Day June 20, 1990

Thank you: Mr. President. We beat this bill in committee, and the reason we beat the bill is because there's no logic at a11 to What Senator Barkhausen says. What the 1aw provldes now is, you are arrested and you possess a small amount of markjuana, or you possess a small amount of -- of a controlled substance, and it's your first offense you've never been convicted of a drug related offense before. ïou may have a drug problem. You may be a user of drugs. The judge can't send you to a drug rehabilitation center for treatment, without convicting you of a drug-related offense. So if you do become rehabilitated, in the future when you're seeking employment, when youlre out in the Workplace, you won't have this stigma of an arrest record to follow you around for the rest of your life. That is the logic behind the concept in the Statute today. He wants to change that. You know, it's like if you have a drinking problem today, no one is saying we should convict you of drinking alcohol, and put that as a crime against your -- your -- your record - make it a criminal record for you to be -- because you have a drinking problem in our society. Well this -- the concept is the same. - - if you have a drug problem and your a first offender, no one is saying - or shouldn 't be saying - that you should be convicted of a drug-related offense and have that against you for the rest of your life. This is a terrkble amendment. Give that first offender a second chance. If he has a disease because he is addicted to drugs, let him at least attempt to become rehabilitated: without stigmatizing him for *he rest of his life. This is a terrible concept, and we should soundly defeat

Further discussion? Senator Collins.

Xes. Thank you, Mr. President. I have to rise and support 242  i STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Senakor D'Arco's position here, because I don 'E think we really understand the problem and the -- the seriousness of the drug problems. As he said, there is a serious illness out there. And no matter what we do, in terms of passing laws, the problem will still be there, unless We find some ways to being to provide the counseling and the medical treatment to a leqitimate problem health problem - the problem will never go away, no matter what we do . We can stop al1 of the drugs from eomin: in from other countries. They will find another way to produce drugs, or somethin: to feed that habit. If the person is found to be an addict, I don't care if itls the first time or the second time, I still say, if that person is a user, and you know that's what they are doing with the drugs that you find on them, and a reasonable amount that they can consume and is using, that what you ought to do is mandate that person to treatment. I think this -- this, Senator Watson, you're really off base with this amendment. Whoever sponsored this amendment. I'm sorry.

A1l riqht. Further discussion? Senator Hawkinson.

Thank you, Mr. President. I rise in strong support of this amendment. I think youdve got to understand how our system of criminal justice works, and the last two speakers have not clearly identified how that works. We have two categories of offenses. We have felonies and we have misdemeanors. For any misdemeanor you can geE supervision. and that won't change afEer 7-10 probation is abolished in this amendment. But for any other felony in the State of Illinois -- if you break a window - if you break a window that's Worth more than a hundred and fifty or three hundred bueks that's a felony that's going to stay on your record the rest of your life. We are trying to attack the drug problem by havin: penalties - and severe penalties - on people who 243 '  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 sell drugs, and we ought to. As a nation, wefre trying to deal with the drug problem by going to the producing countries and doing somekhing about it. But all of us are hearing day after day, that as long as there is a heavy demand for cocaine in this country, we're not goinq to successfully do anything about the drug problem. We have to get at the problem of use of cocaine. Now the adoption of this amendment wouldn't send anybody to jail. It wouldnlt take away the riqht of any felon druq user to get probation, and they undoubtly would. And they would still be eligible for the kinds of drug treatment programs that Senator D 'Arco is referring to. But what the passage of this amendment would do, would say that We're serious about the use of cocaine or LSD or other felony drugs in this State. Right now , any other felony you can 9et probation, unless it's some of the more serious violent crimes, but that felony stays on your record. In only this one case of illegal felony dru: use with cocaine and LSD did We say, some long time ago, that, ''We11, wedre really not goin: to consider ik a crime. It's going to go off your record.ll And say to you, what kind of a message is that - to the illegal drug users in our country? The adoption of this amendment would only say wefre going to treat it as seriously as any other felony. Sure, if youfre a first offender you can get probation, but we dre nok qoing to wipe your record elean. That would be some deterrents to illegal felony drug use. It Won't send anybody to jail, but it will say that WeCre going to treat it, at least: as seriously as breaking a window, and it's a step in the right directlon. I would urge adoption of the amendment.

Further discussion? Senator Dudycz. SENATOR DUDYCZ) Well. thank you, Mr. President. I think this is a good amendment. The way I read the changes that -- in -- Were placed 244  STATE OF ILLINOIS ' 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 by Senator Barkhausen, it says, ''A minimum -- whenever a person pleads guilty to, is found guilty of an offense under this Act: a minimum fine of one thousand dollars or a minimum of one hundred hours of community service shall be levied.lî What's Wrong with khat? I can't see anything wrong with Ehat. I Ehink that we shouldn'k cloud the issue. I think it's a good amendment, and I think we should al1 support it.

Further discussion? Senator Kustra.

Thank you, Mr. President and Members of the Senate. I rise in support of Amendment No. 2, for the reasons stated by Senator Dudycz, but I -- I do feel like I must respond a bit to Senator D'Arco's comparison of the use of alcohol in our society to the use of drugs. He knows, and We all knowg that the great distinction between those two uses in that one is legal when used within eertain bounds, and one, absolutely, is illegal. And what we're dealing with here are the laws of this State Which penalize people for using drugs that have been declared illegal by this General Assembly. Now if you want to change those laws and legalize them: Senator D'Arco, khe way that we have alcohol, that's your problem . I'm not in favor of that. But as long as we have laws on the book -- books that declare the use of drugs illegal, then it's our job to provide the appropriate penalties. I cannot concur more with Senator Dudycz. It is absolutely beyond belief that on this Floor of this Senate today, we have people willing to stand up and say that a first offender of a drug cannot get a hundred hours of community service community service. The most liberal commentators in this nation, Writing on the editorial pages of the Tribune and the Sun Times, have time and tlme aqain - and I direct my comments especially to the minority eommunity, because some of those commentators have addressed themselves 245 I !  STATE OF ILLINOIS 1 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 primarily to the inner city - and they have said, quite simply, that community servîce is, in fact, a most appropriate way to deal ' with a punishment or a penalty. That's what wefre dealing with here. We're not sendin: anybody away to prison on this first offense. But we are saying it's time that we take the offense seriously, and especially in those communities where drug use is rampant. I would hope that a11 Members of this Chamber wauld be willing to move forward a proposal that sends a stronq message to first-time drug users. The reason Why we have second-time, third-time, fourth-tlme drug users, is because too many seeond and third and fourth chances have been given in our society and in our laws of this State. And if we're willin: to stand up and say, 'We're not even qoing to throw you in jail for the first offense, but what ke will do is make you provide back to your community the community service that kil1 be a credit to your community and will help your community,'' and at the same time send a message to folks out there, they cannot get by with this. I urge adoption of Amendment No. 2. PRESIDENT ROCK: Further discussion? Senator Brookins. SENATOR BROOKINS: Thank you: Mr. President. I don't think that I'm soft on èrime. I've been in the streets. And I've had the opportunity to see a 1ot of crimes committed. And I've seen the first-time offenders. And I know that if we give them a second chance - if we provide them with some opportunlties Eo ge* some education and to learn what is going on - tben they then can become useful citizens. But if we label them with a record - if we label them With never a ehance to -- to -- to become a useful citizen - to obtain a job - and to provide for families in the future - then we have -- We have taken away something that they will never recover from. And wedre experiencing that now. And I'm running more into 246  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legyslative Day June 20, 1990 that now wkth young folks that was arrested, that never had a second chance. So, therefore, I know that we need to give a second chance to some of the young folks on first-time offenders. Some time ago, and for years, I've been wrestling with what we call Probation-challenge. And their motto is, ''Everyone deserve a second chancea'' In that program, it is not a program that is soft on crime, but it do give an opportunity for a first-time offender to clean up his life, clean up his act, and become a useful citizen. What we're saying in this amendment is just the opposite that you get no second chance - that one mistake and it's a11 over. And I'd like to ask each of you to look in the mirror and say, have you never, ever made a mistake? You have never -- you have always lived a perfect life? You don't deserve, yourself, a second chance? You were never given a second chance - an -- a second opportunity to correct a wrongz whatever it was: that you committed. No. So this is wrong. This is bad. This is bad. This is a bad amendment. And I don't think that you need to target a minority community, because that is why our youn: folks now are standing on corners a11 over the south side of the City of Chkcago, a11 over East St. Louis, and small towns. Beeause they did not get that second chance. Because they did not get that opportunity. This is a bad amendment, and I stand in opposition of it.

Further discussion? Furtber discussion? Senator D'Arco.

Thank you, Mr. President. I apologize for rising a second time. But I would like to comment on the comments of Senator Dudycz and Senator Kustra. Senator Dudycz, therefs nokhing wrong with community service. There's nothing wrong with the judge saying to this individualz ''You have to serve a thousand hours of community serviceo'' There's even nothing wrong with saying to 247  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 him, ''I'm going to fine you up to a thousand dollars.n The problem with this amendment is he is convicted of a felony and/or a misdemeanor for the rest of his life. He can't be given supervision, and come back in court a year later and have the judge say, 'Gee, you did a good job in the community. Youdve been off of druqs for a year. I am -- I am goin: to vacate your sentence so you don't have any record.'' Under this amendment, the judge can't do that. As far as being susceptible to alcohol and drugs is concerned, I thought we were living in an enlightened society here. I thought that if you were susceptible to drugs or alcohol, you were diagnosed as having some kind of a disease. That has nothing to do with whether one is legal, and the other is not legal. It's the affect it has on the individual. That's what al1 the doctors are telling us. That's what all the people that are treating drug- and alcohol-related illnesses are telling us. This is a terrible amendment. And for the sake of people that are susceptible to these drugs and alcohol, defeat this amendment.

Further discussion? Senator Barkhausen may close. I'm sorry. Sehator Dudycz, for a second time.

Well, I also apologize for rising a second time, Mr. President. In view of Senator D'Arcofs comments, I'd like to ask Senator Barkhausen a question.

Sponsor indicaees he will yield, Senator Dudycz.

Well, Senator Barkhausen, given what SenaEor D'Arco is mentioninq as far as the judqe vacating a sentence of someone who Was found guilty or had pleaded guilty to -- to one of these offenses, what would happen if your amendment did not go on? I mean, is this something that, for example, if someone pleads 248  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 guilty and his sentence is -- or bis -- his record is cleared, is it -- t*o years from now they are found guilty of the same offense, is this considered a first offensee or -- or what happens then?

Senator Barkhausen.

Well, it -- it probably Would be# as a practieal matter. When these matters come before the courts, they generally don't know if somebody has been placed on supervision before. The only area where khere's an exeeption to that, where records are required ko be kepty is in the supervision under DUI, which, of course, isn't related. But -- but separate subject matter, where we have passed a laW here that says that one can be placed on supervision for DUI only once in a five-year period. But -- but chances are that that -- the fact that that offender has been on supervision before would not be a fact that Would be known to the -- to the court or - - or the prosecution, and it would probably be treated as a first offense aqain.

Senator Dudycz.

So in other words: Senator Barkhausen, if someone is found guilty the first time, and their sentence is vacaked by *he judge, and they are found guiltyp or plead guilty a second time, sometime in the near future, it is treated as a firse offense, for a11 practîcal purposes. Is that correct?

Senator Barkhausen.

I'm sorryy Senator, I Was askin: our staff person a question at the same time you were posing yours. 249  STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Senator Dudycz.

Senator Barkhausen: in other words, that if someone is found guilty or pleads guilty the first time, and the judge vacates the sentence after a year: as explained by Senator D 'Arco, and sometime in the future, that same person pleads guilty again, or is found quilty a second time, is that -- or is -- is he treated as a first offender again?

Senator Barkhausen.

In sentencing?

honestly don't know, Senator Dudycz, but there's nothin: in the law, as it's written todayy that limits the availability of supervision to first offenders. Any -- anyone who -- Who violates the Cannabis Control Act or the Controlled Substances Ac* is, potentially, eligible for supervision. And that is that is what I and, I think, a number of us object to.

All right. Senator Barkhausen, to close.

I ask for a favorable roll call on the amendment.

A11 righE. Question is *he adopkion of Amendment No. 2 to House Bill 3590. Those in favor of the amendment will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who wish? Have al1 voted who wlsh? Have all voted Who wish? Take tbe record. On that question, there are 39 Ayes, 15 Nays, none votinq Present. Amendment No. is adopted. Purther amendments? 250  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

No further amendments.

3rd Reading. 3649. Page 16 on the Calendar. On the Order of House Bills 3rd Reading is House Bill 3649. 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 qranted. On the Order of House Bills 2nd Reading is House Bill 3649, Madam Secretary.

Amendment No. 1 offered by Senator J.J. Joyce.

Senator Joyce.

Thank you, Mr. President. This amendment Would create the bill. It's the agricultural cleanup -- it's the Agrichemical Cleanup Fund, I'm sorry. This will accomplish two objectives. The first objective is to, over a period of tWo years, survey and assess contaminated -- contamination at randomly selected chemical distribution sitesy for levels of contamination caused by agricultural pesticides. And the -- the second accomplishment it Would do -- objective, is to establish a special fund to be known as the Agrichemical Incident Response Fund, Which is an unappropriated fund ln the State Treasury. This fund will be used for emergency actions and -- and in response to a release of -- of any agricultural pesticides from an aqrichemical facility Lhat has created an imminent threat to the public health or *he environment, and the payment of such cost to response in action incurred by the owner or operators of these facilities. These fees would come from the agrichemical facllities themselves. Itds an agreement that's been worked on for some time. The Ag -- Fertilizer and Chemical Associationz the Farm Bureau, the EPAF *he 25l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Department of Agriculture, the Chemical Industries Council, and everyone is -- is in aqreement on this. And be happy to answer any questions, if there are any.

Dfscussion, on Asendment No. Senator Donahue.

Thank you, Mr. President. Just to add my two cents, that this is a pretty eomplicated amendment, bute as far as we know, everybody's agreed to it. And I Would move for its adoption, as well.

All right. Any further discussion? If notz Senator Joyee has moved the adoption of Amendment No. l to House Bill 3649. Al1 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendmentls adopted. Are there further amendments?

No further amendments. PRESIDENT ROCKZ 3rd Reading. 3722. Senator Topinka. Page 17 on tbe Calendar. On the Order of House Bills 3rd Readinq is House Bill 3722. Senator Topinka seeks leave of the Body to return that bill to the Order of 2nd Readin: for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3722, Madam Secretary.

Amendmene No. 2 offered by Senator Toplnka.

Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of tbe Senate, Senate Amendnent No. would add directors of State-operaeed facilities as an additional class of people who are authorized to 252  STATE 0F ILLINOIS 86*h GENERAL ASSEMPLV REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20e 1990 receive information coneerning pending child abuse reports. And that's all it does. PRESIDENT ROCK; Senator Topinka has moved the adoption of Amendment No. 2 to House Bill 3722. Discussion? If not, al1 in favor: indicate by saying Aye. A11 opposed. The Ayes have The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. 3812. Senator Welch seeks leave of the Body to return House Bill 3812 to the Order of 2nd Readlng for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Rouse Bills 2nd Reading, House Bill 3812, Madam Secretary.

Amendment No. l offered by Senator Welch.

Senator Welch.

Thank you, Mr. President. This amendment Was drafted by the Coalition Againsk Domestic Violence. Last year, we passed the Domestic Battery Bill creatinq a new crime call Domestic Baktery, and providinq that upon a second conviction for that offense, within five years, the abuser must be sentenced to at least forty-eight hours in jail. A loophole in that law provides that the abuser can expunqe his record Within tWo years of the original conviction, if he receives a sentence of supervision. Therefore, his arrest record would not rerlect a seeond convietion within the five-year period, allowing the tough new sentencinq laW to take effect. Now what this amendment does: is provide that a person convicted of domestic battery cannot expunge his arrest record for five years. We provide simklarly for drunk driving, as Well. I'd 253  STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENAQE TRANSCRIPT 105th Legislative Day June 20, 1990 be glad to answer any questions.

Senator Welch has moved the adoption of Amendment No. to House Bi1l 3812. Discussion? If not, al1 in favor, indicate by sayin: Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Top of Page l8. Senator Macdonald. On the Order of House Bills 3rd Reading is House Bill 3815. And Senator Macdonald seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is qranted. On the Order of House Bills 2nd Reading: House Bill 38 -- 3-8-1-5, Madam Secretary.

Amendment No. 2 offered by Senator DeAngelis.

Senator DeAngelis. SENATOR DeANGELIS: Thank youe Mr. President. Some time ago we passed out Senate Bill 1870, which was the Environmental Challenqe Act. Was a bill designed to create a waste storage fee, because after June 30th of this year there is no Clean Illinois Fund money left. There was some resistence in the House. This amendment is an -- is an attempt to turn around and deal with uome of those Who opposed 1870. And basically what 1* does - most of that objection came from the business community - and What thls does, it, ftrst of a. 1l, limits the storage fee to those who have more than ten khousand pounds per quarter. It does, in fack, take out small businesses. Contrary to what you have in your bulletin, the farmers are not ineluded in this bill. Local government is not 254 I l STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l 105th Leg islative Day June 20, 1990 included in this bill. 1411 be happy to answer any additional questions, or let's just put this on and we can deal with it on 3rd Reading. PRESIDENT ROCK: A11 riqht. Senator DeAngelis has moved the adoption of Amendment No. 2 to House Bill 3815. Discussion? If notz a1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's -- I'm sorry. I'm sorry. Who asked for a roll call? You are asking now. Thatïs fine. Question is the adoption of Amendment No. 2 to House Bill 3815. A roll call has been requested. Those in favor of the amendment will vote Aye. Opposed Will vote Nay. And the voting's open. .o.tmachine cutoffl...voted who wish? Have al1 voted who wish? Have at1 voted who wish? Take the record. On that question, there are 26 Ayes, 17 Nays, none voting Present. Amendment No. 2 is adopted. Further amendments? SECRETARY HAWKER: Amendment No. 3 offered by Senator Kustra. PRESIDENT ROCK: Senator Kustra. END 0P TAPE TAPE 6 SENATOR KUSTRA: Thank you, Mr. PresidenE and Members of the Senate. Amendment No. 3 is basically the contents of Senate Bi11 20 s p. tinaudiblel... in the House Rules Committee, but it is our understanding there's no objection from the House Leadership to restoring this proposal, as an amendment to anokher bill. This 255 I I  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 was a bill that dealt kith the Pollution Control Board's penalty-settin: powers. It rectifies some problems that occurred ln khe Illinois courts. And Senator Welch joined me in an amendment, which means that this particular provision now has his suppork, as well. And I would ask for the adoption of Amendment No. 3. PRESIDENT ROCK) Senator Kustra has moved the adoption of Amendment No. to House Blll 381S. Discussion? If not, all in favor, indicate by Gaylng Aye. All opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

Amendment No. 4 offered by Senator Macdonald.

Senator Maedonald, on Amendment No. 4.

like to Table that amendment simply because it does not track now that *he other amendments have gone on.

Al1 right. The Lady asks leave to Withdraw. Further amendments?

Amendment No. 4 offered by Senator Kustra.

Senator Kustra, on Amendment No. 4.

Thank you, Mr. President, Members of the Senate . This particular amendment: which I offer now, had already been added to Senator Savickas' bill, but he took that off this morning: and I'd now like to propose this as Amendment No. 4 to 3815. It says that When the Environmental Protection Agency issues a permit for the development or construction of any municipal sanitary landfill cr 256  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 incinerator, that there -- before such permit can be issued, there must be a solid waste management plan adopted by the particular county in which that landfill or incinerator might be placed. would ask for its adoption.

A11 right. Senator Kustra has moved the adoption Amendment No. 4. Discussion? Senator Welch.

I1d ask kE this amendment has been passed out.

Senator Kustra, the question is the distribution of the amendment. has not been distributed. Senator Welch.

Ask I Would ask that it be passed outg or that the amendment be Tabled.

All right. Our only alternative, at the moment, is to take it out of the recordy make sure it's distributed, and We'll have to get back to it. Take it out of the record, Madam Secretary. 3852. Senakor DeAngelis. On the Order of House Bills 3rd Readin: is House Bill 3852. Senator DeAngelis 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 House Bills 2nd Reading is House Bill 3852, Madam Secretary. SECRETARY HAWEERI Amendment No. 1 offered by Senators DeAngelis and Mahar.

Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Amendment No. l attempts to dc something that should have been done when the b11l was originally introduced and passed. T wene over the transeript of this bill, 25?  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATC TRANSCRIPT 105th Legislative Day June 2û, 1990 as it was discussed in the House. And the similariky between the discussion of the bill and the bill itself - there was none. The bill inadvertently struck out the Wrong part. And what it said herer is that any township under six hundred thousand population can have a plan commission. What it was meant to do, was to strike out the part that had twelve thousand. And what this amendment does, is to elear up the oversight that was committed in the House when khey passed out a bill, inadvertently, thak did not do what they thouqht it would do. The second part is -- puts in some language regardinq rules that -- to allow townships to adopt rules and regulations relatinq to yard waste. I urge the adoption of Floor Amendment No.

All right. Senator DeAngelis has move the adoption of Amendment No. l to House Bill 3852. Discussion? Senator Welch.

I have a question of the sponsor.

Sponsor indicates he will yieldg Senator Welch.

Senakor DeAngelis, is this the bill that you had that was defeated in the Energy and Environment Committee that you're putting on, or is this something different?

Senator DeAngelis. SENATOR DeANGELIS: No. Senator Welchy no. I intend to resurrect that through the -- through the discharge, but no, that's not 1t.

Okay. Does this ehange the date that the compoGting 1aW goes into effect, or give any exemptions from that law?

258  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 Senator DeAngelis. SENATOR DeANGELIS: No.

All right. Senator DeAngelis has moved the adoption of Amendment No. to House Bill 3852. Discussion? If not, a1l in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 3853. Senator Savickas 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 House BillS 2nd Readin: is House Bill 3853, Madam Secretary.

Amendment No. 1 offered by Senator savickas.

Senator Savickas.

Yes. Mr. President and Members of the Senate, House Bill 3853 was sitting there as a shell bill ftill We received the amendment. We do have an amendment, but it does not cover a11 of the concerns of the Governor, the Department of Public Healkh and the Health Pacàlities Planning Board. The amendment exempts intermediate care facilities for the developmenEally disabled of fifteen or fewer beds from the Hea1th Facilities Plannlng Board. Thts would enable nonprofit facilities to esEablish the social service settings and assist the State in meeting OBRA requirements. The second part of the amendment exempts Misericordiaz a campus facility, from the requirements of the board for a communtty living arrangement. 80th these types of facilities save the State 259  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20, 1990 money: because they are social rather than medical centers . The Governor's Office and the Department of Public Health -- Welle the Governor's Office agrees with the whole amendment. The Department of Publie Hea1th agrees with the first part - is against the Misericordia exemptlon. And the Health Facilities Planning Board hasn't come up With their portion yet, which is the fines that would be imposed, and they hope to have that amendment sometime today -- late today or early tomorrow. So, at this point, I kould the adoption of khis amendment, so We can 4et the bill rollinq.

Al1 riqht. Senator Savickas has moved the adoption of Amendment No. 1. Discussion? Senator Woodyard.

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

Sponsor indicates he Will yield, Senator.

Senator Savickas, by this amendment, would this remove the requàrement of CONs from any of the fifteen and under DD facilities?

Senator Savickas.

Yes. That would remove the certificate of need.

Senator Woodyard.

Itês my understanding that their assoeiation does not want that -- khat -- that provision. Can you tell me if there is agreement With -- with that association on -- on this amendment?

Senator Savickas. 260  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990

It's my understanding, if you're speaking about Dave Stover, no, he is opposed to this. Evidentlye they feel that this might :et away from them, by having fifteen and under in a social setting. I -- I -- I tend to dlsagreer but evidently it's a, you know, a jurisdictional fight.

Eurther discussion? A1l right. Senator Savickas has moved the adoption of Amendment No. to House Dill 3853. All in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

Amendment No. 2 offered by Senator DeAngelis.

Senator DeAngelis, on Amendment No. 2. SENATOR DeANGELIS: Thank you, Mr. President. Linda, Amendment No. 2, ls this the one on the health care facility? 1911 have it in a second, Mr. President. This amendment is designed, basically, to move forward the progress that's been made with the current Cook County Hea1th Care Summit. And what it does, basicallyp it provides for the creation of a Cook County Health Qare Council. also eskablishes a local government matching fund to increase federal medicaid funding within Cook County develop and evaluate medicaid demonstration partnerships. Most of these are recommendaEions. I'd bê vgry happy to discuss this, in greater detail, on 3rd Reading, if anybody would like. If not, 1'11 be happy to answer any questions, right now. .n tmachine cutoffl...

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discuGsion? Senator Rock. Senator Rock, please.

Yes. Thank you, Mr. President, Ladies and Gentlemen of the 261  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 Senate. Question of the sponsor.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates hedll yield.

Please tell me - I don't have a copy of this amendment please tell me the makeup of your Cook County council, and what authority or responsibility it would have.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAnqelis. SENATOR DeANGELIS: The makeup of the council is to -- is ten appointees: four by the Governor, three by the Mayor of *he City of Chicago, and three by the County Board President of Cook. PRESIDING OFFICERJ (SENATOR LECHOWICZ) Senator Rock.

And the Governor shall designate one of his appoineees to serve as the chairman?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis.

I guess my -- my -- my question is - and particularly from youe who aspires to be the Chief Executive of the County of Cook, are We setting up this council in lieu of the county board? Are We Eaking the county board out of this?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAnqelis. SENATOR DeANGELIS: Well, Senator Rock, thisy basically: is a skeletal plan for moving the Health Care Summit forward, rather than lettin: it die were it's at. There are a 1ot of people who would like to see that happen. having served on the -- on the Hea1th Care 262  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Council, and who, by the wayz is noW totally in sync with a1l their recommendations: feel that having a skeletal outline to work from is better than letting the thing die. Nowp the purpose of doing four, three, three foury ehree and three, from what understand, the Mayor of the City of Chicago and the Governor are in agreement on this. The Board President of Cook is -- of the County Board is not, but President Dunne's major objection is ehat he doesn't want any oversight, whatsoevery because he does noL feel he wants to put his money in to something that somebody else has something to say about.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Rock.

Well, I don't -- frankly, donft think that's an accurate portrayal of -- of President Dunne's attitude. I rather think he is taking *he position, as I understand it, that the members of the county board - and he is the county board president - are, in fact, elected by the people, and should have and should retain the sovernance of thts health care system that is paid for With county taxes - countywide taxes. And to have some third group, al1 of a sudden set up, to run and man the hospltals, simply doesn't make any sense. And I happen to agree with thae. I don't think there 's any effort on anybody's part to scuttle or skifle the proposed long-term health care planning in the County of Cook, and in the other hundred and one counties. But I don't think this ls at all necessary. And I'm e frankly, surprlsed that We have nok -- this is about the fifth tlme wefve tried to resurrect this thing, and I don't understand why. And particularly from one Who is -- aspires to the positlon of Chlef Executivee why are you giving away your authority?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator DeAngelis. 263  STATE 0P ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 SENATOR DeANCELIS: Maybe I don't want No.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Withdraw the amendment. SENATOR DeANGELIS: First of all, Senator Rock, I -- I don't know about your four or five eimes resurrected. But as early as about forty-five minutes ago, you voted on one very similar to this on Senator Newhouse's bill. 3777. Okay? But let me tell you, this council is not, in fact, going to run it. This Council has, basically, no authority. It is a skeletal unit to move things forward. In fact, there is a termination of this Couneil in this very proposal.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rock.

ïeahy 1995. That will be through your first whole term, Aldo. What are you doing this for?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Do you Want to withdraw the amendment, Aldo? Senator DeAngelis. SENATOR DeANGELIS: Well, that Wasn't the reason of wby that was put there, Senaeor Rock. The fact is that We need to have a mechanism in place to do What the Hea1th Care Summit is attempking to do. And basically, you read every one of these simplistic messages or thrusts or goals whatever you want to call - are things that have to be addressed by that group. There's nothing in here that I find objeckionable, or that anyone shoulds excepk someone Whoy like President Dunne, does noE want any authority, whatsoever, telling him what to do regardin: khe health care of Cook County . And frankly, if khat be the ease, I don't knok Why he, in the 264  STATE OE ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 first placez decided to join into the Hea1th Care Summit to begin with; if the conclusion was going to be, don't care what you guys say, I'm goin: to do it my way.

PRESIDING OFPTCER: (SENATOR LECHOWICZ) Senator Rock.

Well, I would just point out for those of you who have not seen the amendment; that Section IV outlines certain Council duties. And it's a: b: d, e and f. And I would defy you, sir, eo say that the County Board of the County of Cook - the elected board of Commissioners - can't do that, and do not, today, have ehis responsibility.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATQR DeANGELIS: Well' would imagine they would have partial or full responsibility -- authority on some of ehese, but they haven 't. But the fact is, even ic they do, they can still participate in this. There's nothlng onerous about having a group that sits down -- for instance, on item a -- establish a local government matching fund to increase federal medicaid. I think Senator Netsch has a bill very close to that. And the fact of the matter is, that that requires the city, the county, and the State to participate. That's a unified effort.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Roek.

I don't have any problem with that, cause the county board can do that right now, along wlth the Department of Public Aid, and the Governor's Office, and all these big hitters that are rallying to the cause. What I am saying is, why do We ignore the elected members of the Cook County Board - all of them - and set up this 265  STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legkslative Day June 20, 1990 councilz four of whom are appointedr and the ehairman designated, by the Governor of Illinois?

PRESIDING OFPICER: (SENATOR LECHOWTCZ) Senator Dehngelis. SENATQR DeANGELIS: Well, I guess if you Want the the answer it's they haven't done anythinq. A11 the people that ran -- just a minute. Senator Roek -- a11 the people that ran, including the four members of your party, including many of the people involved in health care, have said, that the health care system of Cook County has failed . So, therefore, that's why this Summit *as convened. The Summit came forward and said, ''Look, if We 're going to go ahead and do something about bringing health care back to Cook County' the flrst thing We have to do is have a countykide health care system. And the next thing wefre going to have to do is: is we're going to have to create an authority in order to deal with that. The next thing We're goin: to have to do is we're goin: to have to get a1l these other parties that are involved in the funding of health care? beyond the county and within the county. to be involved.'' It basically -- I see notbing onerous about this parkieular amendment, because that's What it says. And these are some of the things they ought to consider. There's nothinq specific in bere, they just ought to be considering it. PRESIDING OFFICERZ (SENATOR LECHOWICZ) Senator Rock.

Well, I I don't mean to be totally tenacious about this, but, the fact of the matter is, this amendment - this concept should, and is, and remains the responsibility of the elected members of the Cook County Board. And there's no gettin: around thak. And if, indeed, there is not an -- an integrated coherent health care system -- delivery system, then the Board ought Eo do 266  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 somethlng about it. And, I dare say, they are trying. Every candidate that I've heard, from the Office of President on down through the members, is talking about health care, and how we have to change things in Cook County. What I object eo, is that now you are taking eight or nine appointed people - appointed by the Governor, the Mayor, and the County Board President - and say, ''You do it.'' We shouldn't do that. It would be like saying to you, as an elected member of the Senate, ''webll get an advisory group and they will tell you how to vote, and when to vote, and what to vote on.'' Nuts. Welre elecked. Wedll do it.

PRESIDING OPFICER: (SCNATOR LECHOWICZ) Senator Netsch.

Thank you, Mr. President. àenator DeAngelis, my concern, quite apart from the merits or demerits of your proposal, is that we don't need it out there right now. We have 3164, Which was the local funding part, which has already been amended and will continue to move along; and 3777, which Was intended to be the vehicle bill for whatever agreement is resolved on the rest of the Health Care Summitg which has been amended and will continue to move alonq. And nothing is going to pass in any form on either one of those, unless it has Widespread agreement. So I -- I don't see why we're putting another bill, whieh obviously has some controversy out there, to muddy the waters and confuse tbe issue. We just simply don't need this.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Lake, Senator Geo-Raris.

don't mean to delay the procedure, but I haven't seen a copy of the amendment, and I wonder if the sponsor would just give us a capsule description. I -- one thing, I do Would like to know if he 'd yield for a question. Does this amendment violate the 267  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 sanctity of a municipality to take care of their own waste, and what have you?

PRESIDING OFEICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: No. Does not.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis, to close. SENATOR DeANGELIS: Well, you know, don't know why, suddenlyr everybody got so excited about something like this. First of all, Senator Rock, four of the commissioners, that have the so-called responsibility and authority, served on thts Health Care Summit, submitted a report, which includes many of the recommendations khat are in ehis amendmenta In addition to that, the Director of Public Healkh for the county was one of the triumvirate that ruled over this Health Care Summit. I have never heard them, or any of those members, oppose whàt was in there. In fact, 1et me just say. if there was any opposition to that report, it came from myself. So to say that they, in fact -- I'm -- Iîm trying to get them to do something that they don't want to do. The fact is, they signed off on that report. And Senator Netsch, your bill would be: based on what Senator Rock said, as objectional as this is, becausey essentially, you're combining tbe county's resources with the city and the State, in order to achieve your qoal. So# in order to turn around and say that your bill is okay, and this one ought to be shelved, youbre, in fact, trying to.do the same thing that the President finds objectionable. In fack, I supported your bill at that particular time. I think it's necessary for us to move forward with this process. The health care situation in Cook Counky is in such a perilous state. In fact, Cook County Hospital, Which has been decertified already - is now appealin: 268  STATE OP ILLINOIS 86th GDNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leglslative Day June 20, 1990 that is in imminent danger of total collapse. And if we're going to turn around and leave this Session with absolutely no message from this General Assembly that we intend to resolve these problems, or at least deal with them in some way, we are, in fact, failing in one of the primary missions of government, and that's to provide a healthy and adequate health care.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Question is, shall Amendment No. 2 be adopted. All in favor, signify by saying Aye. Opposed. Noes have it. Amendment fails. Roll call. Question is, shall Amendment No. 2 be adopted. A1l in favor, vote Aye. A11 opposedz vote Nay. Voting is open. Have all voted who wish? Jim. Have a1l voted who wish? Please take the record. On this question: there are 26 Ayes, 30 Nays. Amendment fails. Any further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Readinq. Leave of the Body, on House Bill 3859, seek request to bring it back to 2nd Reading. Senator Berman. Na objections? 3859. Senator Berman. Senator Jones.

Yes. She got to read it first.

Amendment No. 2 offered by Senator Jones.

Yeah. Thank youe Mr. Presidenk and Members of Ebe Eenate. Amendment No . 2 clarifies the intent of the corporation that a -- a renter must give the -- a rentinq agency, as it relate to a rental automobile, and it spells out the limitations of that corporation, and I move it's adoption. PRESIDENT R0CX: All right. Senator Jones has moved the adoption of Amendment 269  STATE 0F ILLINOIS 86th GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 No . 2 to House Bill 3859. Discussion? Senator Barkhausen.

Just seekin: enlightenment: Mr. President, if I could ask the sponsor a question?

Sponsor indicates he will yield, Senator Barkhausen.

Senakor Jones, I gathered from your few brief comments about thisr that has something to do With modifying the existing laW that we passed, dealing With the collision damage Waiver issue?

Senator Jones.

No . It -- it -- we haven't passed the law. This is the bill as it relates to the -- the collision waiver. And Senaeor Berman's bill said that khe renter must cooperate with the rental agency in any action' and that was too broad in scope. And when the bill appeared in the Transportation Commlttee, we discussed it with him, and those who recommended the legislation. And they agreed with this legislation to define what that corporation shall be.

A11 right. Purther discussion? If notz Senator Jones has moved the adoption of Amendment No. 2 to House Bill 3859. All in favor, indicate by saying Aye. Opposed, Nay . The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Page 3û. 3875. Senator Holmberg seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Ts leave granted? Leave is granted. 270  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 On the Order of House Bills 2nd Reading is House Bill 3875, Madam Secretary.

Amendment No. 2 offered by Senator Holmberg.

Senator Holmberg.

Thank youy Mr. President. This amendment is a bill that stayed in -- in Senate Rules. And it, basically, requires the Health Facilities Planning Board to restrict the number of new and expanded beds for treatment of mental illness in areas where a surplus of treatment beds exist. The Department of Mental Hea1th has signed off on this: and, as far as I know, there is no objection to this amendment.

Senator Holmberg's moved the adoption of Amendment No. to House Bill 3875. Discussion? If not, all in favor, indicate by saying Aye. Al1 oppoged. The Ayes have it. The amendment's adopted. Purther amendments?

No further amendments.

3rd Readinq. 3897. Senator Xarpiel seeks leave of the Body to return that bill to the Order of 2nd Readin: for purposes of an amendment. Is leave granted? Leave is qranted. On the Order of House Bills 2nd Reading is House Bill 3897, Madam Secretary.

Amendment No. 2 offered by Senator Karpiel.

Senator Karpiel, on Amendment No. 2.

Thank you: Mr. President. First, I would like to Table 27l  STATE OF ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Amendment No. 1.

A1l riqht. Madam Secretary, Senator Karpiel, having voted on the prevailing side, is moving to reconsider the vote by which Committee Amendment No. 1 to House Bill 3897 was adopted. A1l in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have it. The Motion to Reconsider prevails. Senakor Karpiel noW moves to Table Committee Amendment No . 1 to House Bill 3897. Al1 in favor of the Motion to Table, indicate by saying Aye. Al1 opposed. The Ayes have it. Amendment No. l is Tabled. Further amendmentsz Madam Secretary?

Amendment No. 2 offered by Senator Karpiel.

Senator Karpiel.

Thank you, Mr. President. Amendment No. 2 makes it very elear that it's the Leqislative Research Unit that shall prepare the report and submit the report, and -- and -- and gives all the specifics of whak is detailed in the report.

Senaeor Karpiel has moved the adoption of Amendment No. to House Bill 3897. Discussion? If not, a1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Top of Page 19 is House Bill 3902. Senator Karpiel 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 House Bills 2nd Reading: House 272  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Bill -- House Bill 3902, Madam Secretary.

Amendment No. l offered by Senator Karpiel.

Senator Karpiel.

Amendment No. l to House Bill 3902 says that in forest preserve districts, in counties having a population of less than three million, shall indemnify and protect its commissioners and employees against civil rights damage claims and suitsy constitutional rights damage claims and suits, death and bodily injury damage claims and suits, et cetera. This is an indemnification amendment for forest preserve comnissioners, such as in place for park board commissioners, trustees, et cetera .

Senator Karpiel has moved the adoption of Amendment No. l to House Bill 3902. Discussion? If not, a11 in favor, indicate by saying Aye. Al1 opposed. The Ayes have The amendment's adopted . Further amendments?

No further amendments.

3rd Reading. Page 31. Senator Weaver. 3949. Senator Weaver 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 House Bills 2nd Readinge House Bill 3949, Madam Secretary.

Amendment No. 1 offered by Senator Hawkinson.

Senator Hawkinson.

273  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Thank you, Mr. President. House Amendment No. 1 to House Bill 3949 initiated some new procedures for referendum for the creation of river conservancy districts. In my area there's an effort under way to establish, by referendum, a river conservancy district, and the timing would be such, with the effective date of -- of this bill: that it could adversely affect their right to pass petitions. This amendment simply says: that With respect to petitions filed on or after the effective date of this amendatory Act, that the new provisions as the petitions would take place, so as not to invalidate any petitions currently being passed. And would ask for the adoption of Amendment No. 1.

A11 right. Senator Hawkinson has moved the adoption of Amendment No. to House Bill 3949. Discussion? If notr a11 in favor, indicate by saying Aye. A11 opposed. The Ayes have The amendmentfs adopted. Further amendments?

No further amendments.

3rd Reading. 3962. Senator Dunn seeks leave of the Body to rekurn that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is qranted. Paqe 19 on the Calendar, Ladies and Gentlemen. 3962, on the Order of 2nd Readingw Madam Secretary, please.

Amendmenk No. 2 offered by Sena*or Thomas Dunn.

Senator Dunn.

Qhank you, Mr. President. Amendment No. 2 incorporates an agreement that existed last year, which gives riverboat gambling to Will County in 1992. 274  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT l05*h Legislative Day June 20, 1990

Senakor Dunn moves the adoption of Amendment No. to House Bill 3962. Discussion? If nots a1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No furkher amendments.

3rd Reading. Pa:e 31 on the Calendar. On the Order of House Bills 3rd Reading is House Bill 4061. Bottom of Page 3l, I beg your pardon. 4061. Senator Topinka seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading, House Bill 4061, Madam Secretary.

Amendment No. l offered by Senators Sehaffer and Topinka .

Senator Schaffer.

Mr. President and Members of the Senate, this is the rather thiek amendment that you may have found on your desk. You'll recall that we earlier sent over a Senate bill to the House with a new 1990 Tax Amnesty Program and a penalty and interest codification. And guess you Would call it an attempt to make a1l the penalkies uniform and rational. That billw as we fully expected, didn't rare too well. In fact. I don 't believe it ever :et out of Rules. What this amendment does, is put that bill back in, in a more refined version thereof. At the time we sent the bill over, mentioned that there Were some ongoing negotiations with IRMA, and the Chamber, and the various other business groups, on the business penalties. This proposal, before us today' has the final version of those ongoing negotiations; and I believe has 275  STATE OP ILLINOIS 86*5 GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 khe support of those organizations on the new penalty schedule and the amnesty program. In addltion, I believe, President Rock and others expressed coneerns about people taking advantage of this amnesty khat took advantage of the 1984 Amnesty Program. This proposal is amended to disallow that. To, in effect, say that if you were a beneficiary of the 1984 Amnesty: you don 'k qualify for this one. Probably the most siqniricant change - earlier today we passed the Department of Mental Health 's budget, which is no longer linked to amnestys but ls funded through normal GRF and federal dollar sources. My guess is that that budget will be headed for the Governor's desk, and that little We do here will add or detract to that particular budget. Many of us, even those of us who I think could bonestly be described as mental health advocates, felt that to use a one-time revenue source for rthat purpose was not a :ood idea. In this amendment we would propose to put that money into the pension funds. Put the money, specifically, in to the Pension Fund, which would see it then distributed to the several pensions, State Employees: Retired Teachers, et cetera . I think many of us have been very concerned about the fact that we passed a bill last year - I believe it was House Bill 95 ko get us on the road ko a multiyear system of full funding for the pensions, and promptly, before khe ink was even dry on the bill, have forgotten about that. donlt know -- my instinets tell me that if we can put the amendment on# and get it to a conference -- get it out of the Senatep wedll end up in a conference committee. I don't know if we can hold all of the money for the pension systems: but I know that if We donlt, at least put the lanquage in there at the start, that We have little chance of getting any additional money into the pension systems. also know wedre going to have some tough budget negotiations, and I think it's prudent to have this bill movin: to fill the holese I hope in the pension funding, but I can coneeive the 276 L% .>  STATE QF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 negotiations going far beyond that.

PRESIDING OPFICER: (SENATOR LUFT) Diseussion?

I'd be glad to answer any questions, or we can debate it on 3rd.

PRESIDING OPFICER: (SENATOR LUFT) Discussion? Senator Netsch.

Thank -- thank you: Mr. President. Senator Sehafferr you have certainly cleaned up your proposal quite a bit. I think it is Worth saying, that, both in the interest and penalty provisions, that there are some important changes here, by reducin: the penalty for negligently filinq and what was the other one -- oh, and for failure to filee b0th of which I think were much too high before, and some other clean-ups there. And there is no question, that if there is to be an amnestyy it makes more sense for it to go into the pension funds than into a -- an ongoing operating program . The money kould not be -- first place, we still think that the amount indicated is exaggerated, and Will not be forthcoming immediately, so it's not going to solve the problem of the laek of funding for the bill that Ne passed last year for the pension funds. And I think we should be clear about that. The other thin: that concerns me -- and by the Way itês also very important that you have eliminated those Who were *he subjects of the prior tax amnesty, that is a very important clean-up. It's amnesky this soon is still bad tax policy . The only thing that you can say about your amendment, is that it is an enormous improvement over the first go-around.

PRESIDING OPFICER: (SENATOR LDFT) Further -- further discussion? Further discussion? Senator Rock. 277  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

I Was going to ask Senator Netsch are you for it or against She talked for five minutes, still don't know where you are. Let me just sayz Senator Schaffer, I intend to support the amendment, but with this reservation. I think the -- the inclusion of the exclusion of those who took advantage of the last tax amnesty is a good idea. In my judgment: that will help. The estimated yield is somewhere now around thirty-five - forky million bucks, I guess. I don't think it's Wise to earmark it, and say that as one who is vitally interested, obviously, in pensions and pension systems and actuarial unfunded liabilities. I don't think it's a good idea to earmark that money. -- we -- we do: in fact, as the Governor does, in fact, need some room to negotiate. And so I will be happy to support the amendment, with that one reservation, that if, indeed, this does go to conference, for one, am going to stand for freeing up that money, and not earmarking it either for pensions or mental health or something. I think it -- it better belongs in the General Pund, Where we can al1 have a little access to - - if we need

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

Thank you, Mr. President. Well, I want -- I Want to comment about Senator Rockls remarks. I know that, generally, itls a good idea not to earmark funds, and I -- and I generally agree with that. I think the pension funds, however, are another kind of an animal. The simple fact of the matter isp that no Governor -- the tWo Governor's that I've served under, and whoever our next Governor is going to be# will probably place pension funding very high on his priority list. The reason being, simply, that the pension funds aren't going to collapse While he's Governor. And a 278  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legkslative Day June 20, 1990 1ot of other things collapse around him while he's Governor. And I really believe that if we see a source of money of this kind coming in, particularly in this year, when we, collectively. have violated the promise that we made to ourselves just last year this may be one instance where earmarking is a good idea.

Further discussion? Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate: I suppose kf we could look at -- at this issue just in it's very -- most simple form, which is that we ln the Legislature did, indeed, promise that this year we would fund the pension system, and needless to say by virtue of trying to get the budget in to orderg that again has been put on the side. The pensions are always something that's kind of a want to be - could be - should be - but never is. And I don't think that theylre ever going to get funded, or they lre goin: to get dangerously close to collapse, we continue to do this. think it's kind of endemic in this amendment - and should be - that we do# indeed, earmark it for pensions, because it makes qood sense that if you got a one-shot deal you can incrementally put that one shot in to a system that can accept ik, rather than an ongoing, continuing, day-to-dayz something like mental health -- the health care system . I really would encourage a11 of us, including the good President, whom respect very muchz to kind of keep that in mind, and maybe Mo for earmarkinq and tarqeting, so that, for once, we can live up to a promise here.

Further discussion? Senator Demuzio.

Well, thank youz Mr. President. I -- Jack, I have a couple Senator Schafferz I have a couple of reservations. One, I think I 279  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 kas probably one of nine that didn't vote for the Tax Amnesty Plan when it lefk here a few weeks aqo, but I can certainly see the merit in putting the money into the pension fund. A number of us who were the -- who had worked together with respect to the pension fund I mean Wedre going to be ninety-five million dollars short this year - tWo hundred and three million next year, if we don't do anything this year. I'm not sure thak this does a whole heck of a lot if the revenue estimates are thirty, thirty-five, forty -- less than - between thirty and forty million dollars. I 9ot a couple reservations. I -- I -- I don't know how I am goinq to vote on this, to be honest with you. I mean: I want the pension fund to be caught up - as I doy Senator Schuneman and Senator Maitland and others do# but I'm not sure this is a good Way to get it. So, I guess I'm like Senator Netsch, I don't know what I am goin: to do yet.

A11 riqht. Senator Schaffer has moved the adoption of Amendment No. 1 to House Bill 4061. Further discussion? If not, all 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. 4169. Page 20. Senator O'Daniel 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 House Bllls 2nd Reading is House Bill 4169, Madam Secretary.

Amendment No. 2 offered by Senatoz ô'Dankel.

Senator Philip, for what purpose do you arise, sir? 280 ( ' STATE OF ILLINOIS h 86th GENERAL ASSEMBLï REGULAR SESSION SENATE TRANSCRIPT I I 105th Leqislative Day June 20y 1990 SENATOR PHILIP: Thank you, Mr. Presidentz Ladies and Gentlemen of the Senate. I have a very distinguished guest next to me - an old, o1d friend. He used to be the Democrat County Chairman for Dupage Countyy a democrat State Representative for over twenty years, the Speaker of the Illinois House, and a real good guy, and a true gentleman, and always been a frîend of mine - the Honorable Bill Redmond. PRESIDENT ROCK: Mr. Speaker, Welcome back. Madam Secretary, 4-1-6-9. SECRETARY HAWKER: Amendment No. 2 offered by Senator O'Daniel. PRESIDENT ROCK: Senator O'Daniel. SENATOR O 'DANIEL: Thank you, Mr. President and Members of the Senate. Amendment No. 2 to House Bill 4169 clarifies provisions of the Acte and it does not apply to water wells. It allows forfeited surety bond money to be deposited into the Plugging and Restoration Fund. It allows grandfather wells drilled prior to this Act to be permitted. And lt creates the Plugging and Restoration Pund. This is -- amendment is agreed to by the Illinois 0i1 and Gas Associaeion, the Petroleum Industry, and the Department of Mines and Minerals, and I move for its adoption. PRESIDENT ROCX; Senator O 'Daniel's moved the adopkion of Amendment No. 2 to House Bill 4169. Discussion? If not, al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendmentls adopted. Further amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCR: 3rd Reading. Senator Marovitz, did you have one you wanted to 281 1 I  ! 1 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 go back to? Or we can do it tomorrow. Fine. There will be another Recall List yn the morning. Senator Kustraz know we promised to 9et back to 3815, we're going to do that right now . A11 right. The final order, it appearsz of businessy and would just remind you that we will commence at nine-thirty tomorrow morning. And also remind you of the agreed bill process -- procedure, where if you are going to vote in the negative, that's those votes have to be recorded with the Secretary, I think before nine o 'clock tomorrow morning. A little earlier we took 3815 out of the record. We will now, with leave of the Body, return to that order of business. On the Order of House Bills 2nd Reading is House Bi1l 3815. Under discussion Was Amendment No. 4 by Senator Kustra. The other two amendments'having already been adopted. Senator Geo-Karisz for what purpose do you arise?

Point of personal privilege.

State your point.

Are we going to be in Session Friday?

It appears that we are going to be in Session on Friday. My lasE information was that the House is going to attempt to conclude their business on Thursday night. My best guess is, just given what We have, if we can do it, I would love to . But, so far, I am planning on Eriday, at leasE Friday morning. I don't khink we will have much left, but -- I would plan on it. 3815, Amendment No. 4, Senator Kustra, Where We were interrupted.

Thank you, Mr. President. I explained the amendment and Senator Welch may have a comment to make, but I Would move for its adoption. ...tmachine cutoffl... 282  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

A1l right. Senator Kustra has moved the adoption of Amendment No. 4 to House Bill 3815. Discussion? Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen. Is this the one that ends in 0l, Senator? Here We go again, and I think we should listen up a little bit on -- on this particular amendment. As much respect as I have for the Senator, I think aqain We have a process of of slowlng down the process of new landfills, and also, in the way of incineration. And, you know, it's we downstaters wbo have the existing landfills that's going to have to take the brunt of -- of -- of this type of an amendment. and think that it is one that we should defeat. I just donlt think that -- that this is really doinq what it's intended to do. And don't think we should be closing the door entirely on -- on the the -- the incinerators, and to ensure that, you knowz we don't preclude that as an alternative. And I think that this bill -- Ehis amendment does that, and it precludes any permit as -- as read the amendment, and I think it's one that we should be awful wary of.

Purther dkscussion? Senator Keats.

As most people know, I normally donît speak on solid waste bills. I -- Ifm feeling a little freer on this oner because my posieion is blatantly in opposiEion to my own besE interests. Bu* I'm saying, wedre sort of playing politics with it. And ' just want to say, guys, I understand what you're saying, and know it's frustrating, and I know we Want to say, ''Gee, this is a Republican amendment, so let's kill it.'' And frankly, as a business man you'd probably do me a favor if you killed it. But truthfully, this is not a bad idea. The reason We're having a 283  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 solid waste problem in this State is not the EPA. Were not having a solid waste problem because of the Pollution Control Board. We are not having a solid waste problem 'cause private businessmen don't want to do somethinq. We're having a problem because our local governments cannot get off their posteriors and do what we have given them milllons and millions and millions of dollars eo do, and that is plan. At some point they have to do something. What wedre trying to say to these local governments is, with al1 the millions we have given you, please do something and solve a problem for which you are the cause. Again, believe me, with the sites my company is involved with, this is not in my interest. But I am tellin: you, we are not goinq to solve this problem Illinois. We are not Moing to get anybody involved with recycling. We're not going to get them -- the local governments Working on composting - they have fought us on composting every step of the way. ïou know perfectly well many local governments wanèed eo back off the July lst composting requirement this year, the way was backed off last year. Guys, if we don't force them to do somethinq, we will soon bave garbage buried in our front yards. And the problem is not in this Legislature. The problem is not at khe EPA. The problem is not at the Pollution Control Board. The problem is local city councils and county boards: for some reason, are refusing to act after we have given millions to plan. Please let's depolitieize this one. Let's quit playing games because it is political, and finally do something. This amendment will force them to get off their fannies and work.

Further discussion? Senator Joyce.

Yes. Thank you, Mr. President. A -- a question of the SPOnS0r.

284  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Sponsor indicates he will yield, Senator Joyce.

Yes. You say that any -- or any county with a population of a hundred thousand or more, if they don't have a solid waste plan, then there -- there's a moratorium on any landfill siting or incinerator, is that correct?

Senator Kustra.

That's correct.

Senator Joyce.

All right. What is the violation for a county if they do not have a solid waste plan?

Senator Kustra.

It's not a matter of a violation, Senaeor. The EPA cannot issue the permit.

Senator Joyce.

Yes. I understand that. But if you don't -- if you dre a county of over a hundred thousand, and you don't Want a landfill or an incineraeore then all you have to do is never do your plan. And We don't have any penalty if you don't do your plan. So what you do is don't do the plan, and youdll never have to deal With a landfill or an incinerator. This is a backdoor Way of saying, these counties up here w1th a hundred thousand or more population are never going to have to have one of these. Just don't do your plan. But Why don't we amend it and say that every county in the 285  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 State of Illinois doesn't have to do their plan. What your doing is saying to every little eounty - every county that Was under a hundred thousand population - ''Youlre going to get our wastes because wefre never going to do this planz and then -- then wedll never have to have an incinerator or a landfille'' So why don't you say what you 're doing, rather than coming at us through the back door. I think anyone With any -- any counties of less than a hundred thousand, if you vote for this, youdre nuts. Because you 're, once again, qoing to -- wefre being picked off - the downstaters. And with your little counties: the littler you are and the poorer you are, the more apt you're going to be to have a landfill or an incinerator, and this just ensures it. PRESIDENT ROCX: Further discussion? Senator Welch. SENATOR WELCH: Thank you, Mr. President. What Senator Keats said is# in good part, correct. There should be some encouragement of these counties to come up with their plans. But this is -- this is analogous to the story of the rabbit sayingz ''Don't throw me into that brier patch.'' And that's what youdre doing. You dre telling these people, 'llf you don't come up with a plan, by çosh, wetre not going to 1et you have a landfill in your county or an incineratora'' Well, :ee whiz, don't be that tough on me. What this amendment does, is it stops the incinerator in Robbins, I believe, from continuing. It also takes smaller counties, as well as Ehe City of Chicagog and says you can issue permits in those counties and that city beeause that city is a separate entity under our solid waste management plan. So in those counties you 're continuing to go along as it is, to allow landfills to be sited there, but not in the larqer counties, as Senator Joyce has said. So what we have here is -- is a preference for the larger counties to avoid taking care of there own wastes, not an encouragement for k 2 8 6  STATE OP ILLINOIS 86th GENERAL ASSRMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 them to take care of their own waske. This is perhaps a greater chan:e in the siting process than the infamous House Bill 4013, that's been stuck over in the House of Representaeives, which is going to effect the local siting procedures. What youdre doing With this, is you're forcing more landfills onto a smaller space. The smaller space being those counties under one hundred thousand people. This is not a good idea. And what's going to happen, too, is kt one county in the metropolitan area doesn't have a plan, such as Dupaqe - letls say they donlt have a plan - Where are khey qoing to go with their waste. If they can't site a new landfill, and they don 't have a place to put it, Well, then it's goin: to go into the surrounding landfills - in Kane County in Lake County - in Will County. Itls noE a1l going to come down to us. It's goin: to go to some of these other counties. So what you're doin: is you're -- you're creating a -- a real large problem in Cook County and the other surrounding counties. And am not sure what the purpose of it is. I know that Senator Karpiel said she wanted to get at one proposed landfill in Kane County. Now, as I told her, if you reword it, and aim it specifically at that, Ifd be glad to support lt. But that's not this amendment. So I think Ehat we should oppose this amendment.

Further discussion? Senator Karpiel.

Thank you, Mr. President. Well, first of all, I think we have gotten entirely off the subject of the amendmenk. This amendment was was passed and and -- and put on a different bill last Week, overwhelmingly. What We are trying to do here, is not shifk the burden from the larger counties to the smaller counties. Thak is not it. There is already legislation in place that says thae all counties must have a plan. The larger counties, of which there are seventeen, over a hundred thousand. The larger 287  ' STATE OF ILLINOIS j 86th REGE UN LE ARAL SEA SSS IE OM NBLY j SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 counties' plan has to be in place by March 1st, 1990, and the smaller counties have until 1995. So we lve already established that they have to have a plan. And yes, Senator Joyce, you are correct. In that legislation there is no penalty for them not having a plan: and maybe we should address that to make them have a plan. Duk the -- the point of this amendment has nothing to do with shifting the waste from the bigger counties to the smaller counties. In fact, in Dupage County we have plenty of -- of , landfills. I live about less than a mile from one of them. And khey were just exkended -- the life of those and the -- the size of those were just extended till time immemorial. There is no limik, any longer, on how long those landfills are goin: to continue to take waste from everywhere, not just Dupage County. We already take waste from Cook County, and Chicago, and everywhere else. This amendment is simply saying that ife in fact, the agency - We're not even talking about siting - we're not talking about condemning property - although I would like to get at that, also. What we are talking about here is a development and construction permit by the -- by the IEPA. They cannot issue a permit until the plan is in place. That doesn't mean they ean't site -- that a local government can't slte one. That doesn't mean wefre trying to get out of puttin: together a plan at all. A1l that says is that since we already have a State policy and I think it's a good one - that every county comes up with a plan of what to do with kheir waste. That that plan should be in place before that county goes out and and puts a landfill somewhere, without ever havlng put in place their plan. They should sit down and plan what they're going to do with their waste - khat they're qoing to try to achieve in recycling - what theyîre going to try to achieve in source reduction - what eheyfre going to try fo landfill or incinerate. And when they have that plan in place, then go about putting it into effect. We're not sayinq they can't 288 I  STATZ OF ILLINOIS 86th GENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 do it. We're not trying to stop the big counties from putting in landfills. The counties themselves in the larger -- the larger counties are, in fact, planning -- they are, in fact, planning and siting landfills. TheyCre not saying ke're going to go put them a1l downstaee. That's a bogus argument, and it's convoluted, and is not the purpose of this amendment, whatsoever. I think this amendment makes perfect sense, and is good State policy.

A1l right. Further discussion? Further discussion? Senator Keats.

I apologize for risinq a second time, bue I want to correct a point or two. This has no affect on Robbins. Robbins is permitted. And the wording is very, very clear. If your permitted, this has no affect whatsoever. So Robbins is the equivalent to qrandfathered or protected 'cause itfs permitted already . I will say to some of the opposition. You guys want to put in penalties to the local government - go ahead, you know. There's got to be somebody to get them to do something. But, again - stressing that there arenft any penalties there - guys, you have to remember who sponsored those bills. And if don't mind kidding the two sponsors - guys, you're the ones who sponsored those bills and didn't put the penalkies in. We 'd go with you on penalties. Also, wefre forgetting to mention what the real kicker is. The Federal EPA has promised the federal subtitle dereq's this fall. You know as well as I do# of the State 's hundred and twenty-five landfills, theydll close sixty to eighty of them the first day those things come out. The penalty's going to be - some of these big counties are in serious - I think to quote the President - the term's deep doo-doo. The simple fact is the Federal EPA is the one Who 's going to penalize them. I have a cartoon from a Green Bay, Wisconsin, newspaper griping at Illinois 289  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20# 1990 for shippinq its waste to Green Bay: Wisconsin. We're not an importin: State, we're an exporting State; and it's because welre not forcing these municipalities to do something. The Pederal Government is going to force them to do it with oubtitle D this fall, and they're going to be in serious trouble. There 's your penalty. But I did want to stress Robbins is not affectede it grandfathered under this wording.

Further discussion? Senator Schaffer.

Ik's always interesking to listen to some of the debates, because things get twisted, every now and then. The simple facty for my downstate colleagues, is that the three major counties that I'm most familiar with - and I guess Dupaqe could be said the same thtng of - Lake, McHenry and Kane, are, at this very momentm, sieing landfills. I mean, it's not like the counties -- this is some clever little plok to prevent those counties from having landfills. All of them are, in faet, movin: to have landfills, because of the landfill crisis, because the landfills we have are -- are filling up, and theylre goin: to soon be nonexistent. But in the case of Lake and McHenry, the tWo counties have adopted plans thae include Waste reduction at site composting recycling, al1 of which I think we here believe in. In the case of Kaney the County Board has not adopted a plan: and does not appear to be -- going to adopt one in the near future. I think what weere attemptin: to do here is to send a messaqe that's very clear. The answer isn 't a two thousand acre landfill. The answer is the comprehensive plan that, yes, does include some sort of a landfill; but it also includes a11 these other componenes. And we jusk Want to put their feet to the fire. We aren't sayin: you can't have a landfill. Wedre just saying you don't need a two thousand acre landfill, because youdre not committed to recycling 290  STATC OF ILLINOIS 86th GENERAL ASSEMBLX RZGULAR SESSION SENATE TRANSCRIPT 1:5th Legislative Day June 20, 1990 - because you don't Want to do composting because you don't want to do anything to reduce Waste on site. Nowe you uant to build mega dumps a11 over the Statez and not have plans, and not have recycling, and not have composting, oppose this amendment. But if you aqree with us that we need a comprehensive plan, then let's put their feet to the fire. And I'm sitting here just grinning at a couple of guys 'cause our roles have just reversed, you know. Okay, you environmentalisks seop talkinq to the Democrats. Come over here. The Republicans are obviously the only ones Who care any more.

Further discussion? Senator Joyce.

ïes. Qhank you, Mr. President. IIm sorry to rise a second tlme, but with a1l the rhetoric we are hearing here, and Senator Sehaffer, if theydre skting those Eacilkties there: and if they do not have a planz then they can't do it. They'll have to stop. - - I -- I don't know how many counties have a plan in this State, but I -- 1 doubt if very many do. With al1 the rhetoric wtth a11 wedre talking about here - it comes right down to the fact that if you don't want a landfill or an incinerator, don't develop a plan. don 't care what you say youdre trying to do, that's not what this amendment does. What this amendment does is if I don't want ever to have one of those, 1'11 just never develop a plan. So, you know, if you want to tackle this: put -- make the penalties hkgh. We'1l certainly support Ehae. Bu* certainly don 't go at it this way. This is putting the cart Way before the horse. And it's backWards, particularly from a doWnstate point of view.

Further discussion? Senator Welch.

29l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSIQN SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 ... lmachine cutofflw.wMr. President. Most of what Senator Schaffer said, we can agree with: except the amendment doesn ft do what Senator Sehaffer says it's going to do. It doesn't encourage these -- it doesn't encouraqe -- Kane Countyîs *he problem. It doesn't encourage Kane County to draw up that plan. What we need is an amendment that says to the Kane County Board Chairman, f'You get busy and draw up the plan.'' What he ended up doing was, he told his County Board: ''ïou got -- you've got a choice between an incinerator and a landfill: and we lre goin: to vote in February.'' In February they voted to put the -- to qo with the landfill in the western edge of the county. That's not very good planning. But there's no other Way: in this billz that forces him to go baek to the drawing board and draw dp a plan. This fellow hasn't complied with any of the proposals we've had for spending the money. We had to pass speclal leqislation concerning Kane County last year, because tipping fees were being taken and not spent Where they Were supposed to be. Now we 've got another problem with the same county. 0ne county is throwinq off all of our plans. So it seems to me that We could have an amendment geared specifically at that county, and get rid of a11 this rhetoric. ïou know, we a11 agree, basically. It's just the way you quys are doing it isn't getting the job done.

Al1 righk. Further discussion? Senator Schaffer.

Welly I don'k rise ehat ofken, I won't apologize on a Gecond time. -- you know, I've sat around here at some of these meetinqs, and I've heard the City of Chicago say, ''We don't want any penalties.'l Remember, we had a bill last year for multiphase in of reeyclinq and that, and We put some penalties in and the bill wenk down. Why? They didn't want penalties. Peoria doesn't want penalties. None of these downstate counties wane penalties. 292  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1Q5th Legislative Day June 20, 1990 If we -- if we come in with an amendment saying, okay , you can put the landfill without a plan but there's going to be penaltiesy another group of players jump up and say, ''We don't want penaltieso'' Who you kidding? And -- and the penalty here is that these people know they need a landfill. They want a landfill. They dre committed. Theylre Working. You know, think you you 've misinterpreted the -- the intent of these people in that county. I think the average county boardês under a lot of pressure to have a landfill. It's easier eo do a landfill than is to do recycling. may be -- it may be a lot easier to have a landfill instead of composting and a11 those other things. You know, just one board member gets bad. His life becomes holy hell. BuE the otber twenty-three go home every night and say, ''Hat Ha ! Too bad about good ol' Joe'' - or I guess his name is something other than Joe in Kane County, as I recall. This is the most logical Way to put their feet to the fire. That's all we're tryin: to do.

Further discussion? Senator Rustra, to close.

Thank you, Mr. President, Members of the Senate. To Senator Welch, and his point about whether or not this forces a county to do something; the fact is: as I understand it from my eolleagues who represent Kane County, Kane County Board wants a landfill. And under the terms of this amendment, this would certainly eneourage them to begin the process of developing a plan. That's the point of this. Secondly, to Senator Joyce, nobody's trying to -- to force anything down any local downstate aounky 's throat. The fact is thae right nok, across this State, counties have local siting authority - right now. What this amendment does, as Senator Karpiel said so well: it ties the State permitting process to the local plannkng process: which has already been mandaEed by  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 the General Assembly, and which willz eventually, will go into -- into operakion. I ask an Aye vote on Amendment No. 4.

Question is the adoption of Amendment No. 4 to House Bill 3815. Those in favor of the amendment will vote Aye. Opposed Will vote Nay. And the voting is open. Have all voted who kish? Have al1 voted who wish? Have al1 voted who wish? Have a11 voted *ho wish? Have a1l voted who wish? Take the record . On that questiony there are 28 Ayes, 29 Nays. And the amendment fails. Purkher -- I'm sorry. Senator Eustra, for what purpose do you arisey sir?

Verification of the negative vote.

That request is in order. A1l right. The Gentleman has requested a verification of the negative vote. Will the Members please be in their seat. Madam Secretary, read the negative vote, please.

The following Members voted in tbe negative: Alexander: Berman, Brookins, Carroll: Collins, Daley, D'Arcow del Valle, Demuzio, Thomas Dunn, Hall, Holmbergy Jacobs, Jones, J.J. Joyce, Lechowicz, Luft, Marovitz, Netsch, Newhouse: O 'Daniel. Rea, Savickas, Severnsz Smith, Vadalabene, Welch, Zito and Mr. President.

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

Senator Berman.

Senator Berman. Senator Berman on the Floor? Strike his name, Madam Secretary. 294  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990

Senator Tom Dunn.

In his chair.

Senator D'Areo.

Senator D'Arco on the Floor? Senator D 'Arco on the Floor? Just came in the baek door.

Senator Collins.

Senator Collins on the Floor? Senator Collins on the Floor? Strike her name, Madam Seeretary.

Thank you.

Senator Welch, for what purpose do you arise? Welch.

I'd like to verify the affirmative votes.

A1l righk. That request is in order. A11 riqht. Wi11 the Members please be in their seats. There's been a request for a verification of the affirmative vote. Madam Secretary, please read khe affirmative roll call.

The following Members voted in the affirmative: Barkhausen, Davidson, DeAngelis, Donahue, Dudycz, Ralph Dunn, Etheredge, rawelle Friedland, Geo-Karisz Hawkinson, Hudson, Karpielz Keats, Kustra, Macdonald, Madigan, Mahary Maitland, Philip, Raica, Rigneyy Schaffer, Sehunemanz Topinka, Watson, Weaver and Woodyard.

295  STATE OF ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT l05*h Legislative Day June 20, 1990 Senator Welch, do you question the presence of any Member?

Senator Dudycz.

Senator Dudycz is in the back of the Chamber at the -- at the door.

No further questions.

Al1 right. The Chair recognizes the fact that Senator Collins has returned, she will be added to the roll call. No, she's a neqative vote. What a difference a day makes, huh? Al1 right.

She has to be added. She voted No and was taken off.

She voted No and had been removed from the roll call. The verification not having yet been completed, she is entitled to be placed back on the roll call, in her original position. That's What I said, thought. All right. The roll's been verified. On that question, there are 28 Ayes, 28 Nays, none voting Present. The amendment fails. Further amendments?

No further amendments.

3rd Reading. A11 riqht. We have one final bill. Senator Maitland, with leave of the Body, will handle it for -- in my stead. Top of Page l1. House Bill 3273. Senator Maitland on my behalf, would seek leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3273, Madam Secretary.

296  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Amendment No. offered by Senator Maitland.

Senàtor Maitland is that the one to be -- Senakor Maitland.

That you, Mr. President, Members of the Senate. That Amendment No. 5, I wish to withdraw that amendment.

A11 right. Gentleman seeks leave to Withdraw. It is Withdrawn. Purther amendments?

Amendment 5 offered by Senator Rock.

Senator Maitland.

Thank you very much, Mr. President, Members of the Senate. Amendment No. 5, at the request of the State Board of Education, moves some two hundred and one thousand nine hundred dollars in GRF from the Eree Lunch Program, and has transferred it to the personal services line item. Thls makes no affect whatsoever upon the bottom line. This is agreed to by both sides of the aisle, and I would move for the adoption.

Al1 right. Senator Maitland has moved the adoption of Amendment No. 5 to House Bill 3273. Discussion? If not, a1l in favor, indicate by saying Aye. A11 opposed. The Ayes bave it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Al1 right. Ladies and Gentlemen, that effectively concludes our business. We Will reconvene at nine-thirty tomorrow morning. And we will again start on the 297  STATE OF ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day June 20, 1990 Order of 3rd Reading and go through the Calendar. Senator DeAngelis seeks leave of the Body to suspend the rules for the immediate consideration and adoption of Senate Resolution 1262, Madam Secretary. Senate -- SR 1-2-6-2. It is a congratulatory resolution the Gentleman seeks to -- oh, it's not been read in yet. Okay. Well, then we Will wait to we get there. Resolutions.

Senate Resolution 1258 offered by Senator Dudycz and a11 Members. Senate Resolution 1259 offered by Senator Demuzio and a11 Members. Senate Resolutlon 1260 offered by Senator Demuzio and a1l Members. Senate Resolution 1261 offered by Senator Demuzio and a11 Members. Senate Resolution 1262 offered by Senator DeAngelis. Senate Resolutlon 1263 offered by Senator Ralph Dunn. Senate Resolution 1264 offered by Senator Zito. And Senate Resolution 1265 offered by Senator Luft. Theylre all congratulatory.

Consent Calendar.

Senate Resolution 1266 offered by Senator Demuzio and a11 Members. It is a death resolution.

Consent Calendar. A11 right. Senator DeAngelis, again, is seeking to suspend the rules, for the immediate consideration and adoption of Senate Resolution 1262. It is a congratulatory resolution. All in favor of the Motion to Suspendg indieate by saying Aye. All opposed. The Ayes have it. The rules are 298  STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 105th Leqislative Day June 20z 1990 suspended. Senator DeAngelis :ow moves the adoption of Senate Resolution 1262. Discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The resolution is adopted. Messages from the Rouse. SECRETAR: HAWKER: A Message from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution: in the adoption af Which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 111. It is substantive. I have a like Message on House Joint Resolution l23 and House Joint Resolution 130.

Executive.

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 zesolution, in tbe adoption of whieh I am înstructed to ask the concurrence of the Senate, to wit: House Joint Resolution 138. It is a death resolution.

Consent Calendar. That's it? Any further business to come before the Senate? Any announcements? If not, Senator Vadalabene moves that the Senate stand adjourned until Thursday: tomorrow morning at the hour of nine-thirty. Thursdayw June at the hour of nine-thirty. Senate stands adjourned. 299  l , REPORT: TIFLOAY STATE OF ILLINOIS 90/10/23 1 - tAGE: 001 8srH GENERJL ASSEA8LY gENATE 14z4u:12 DAILY TRANSCRIPTION OF DEBATE INDEX JUNE 20, 1990 HB-0#93 ZECZLLED 21.6 HB-0950 SECOND READING t81. HB-0951 SECOND READING 186 H8-0953 SECORD READING 18tb H8-0954 GECOND READING 18'/ H8-0982 RECALLFO 3 H8-1055 THIRO READING t5 88-1560 SECDNJ REAOIRG l99 H:-1632 THIRO READING 16 H8-1681 RECALLED HB-1&s1 RECALLE: 217 9:-1762 SECOND REAOING t92 HB-tT84 THIRP READING l1 HB-1;8# POZTPONEO CONSIDERATION 20 H8-2367 RECALLED 12 H8-2367 RECALLED 2l8 H3-2543 RECALLED 5 83-2685 TRIRD READING 2() H8-28:2 RECALLED 22l H8-2859 THIRD READING 8:-2872 THIRO REAOING H3-288# RECALLEO H:-2899 SECOND READING 8:-2924 THIRD READING 88-2936 THIRD READING H8-2966 RECALLEO H:-2987 THIRD READING H3-3O01 THIRD READING HB-30#2 THIRO READING H:-3058 RECALLED HB-307# THIRD READING H3-3109 THIRD READING H8-3131 RECALLED H8-3136 RECALLEO HB-31#3 THIRD READING HB-3146 THIRD READIRG HB-3t#9 RECALLED HB-31#9 RECALLEO H3-31#9 0UT 0F RECORD H8-3152 THIRD READING H8-3153 THIRD READING H3-3kGt REQALLED 88-3161 0UT OF RECORD H:-3t64 SECOND READING 88-3167 RECALLEO H8-3168 SECOND READING HB-3k7t THIRQ REABING H8-3183 THIRD RE49fNG 83-3196 THIRD READING 88-3202 RECALLEP H8-3220 RECALLEO Hb-3228 THIRD RQAOING H5-3231 THIRD READING H8-3264 THIRD READING 88-3271 THIRD READING 88-3273 REC/LLEO H8-3290 SECUR? READING t98 HB-3310 THIRD READING 56 8:-3310 0UT OF REEûRD 59 H8-3330 RECALLEO 235 H8-3337 RECALLED 236 H8-3338 THIRD READING 59 H8-3339 THIR: RLADING 60 H5-3340 THIRD READING 61 I REPORTI TIFLDA: STATE 0F ILLINOIS 90/:0/23 tàG6: 002 85TH GENER AL ASSE/IBLY SEIkATE .4:40:12 OAILY TRANSCRIPTIGN OF DEBATE INDEX JUNE 20# 1990 l HB-33#1 THIRD READING PAGE 62 HB-3;#2 TAIRD KEADING PAGE 62 i ' H3-3343 YHIRD READING PAGE 63 H8-3344 THJRO READING PAGE 63 H8-3390 THIRD READING PAGE &# H8-3391 THIRD READING PAGE 70 18-3392 THIRD READING PAGE T1 H8-3393 TH1R0 REAOING PAGE 72 H8-3397 SECDND READIRG PAGE 20O H:-3#06 RECALLED PAGE 237 H8-3426 RECALLED PAGE 7 H8-3#53 THIRD RFADING PAGE 73 H8-3:54 REC/LLED PAG6 8 H8-3:57 THIRD READING PAGE lh *8-3:58 THIRD READING PAGE 1* H:-3159 THIRO READING PAGE 75 HB-3#&0 THIRO READING PAGE 75 H8-3461 THIRD READING PZGE 16 H8-3#62 THIRD READING PAGE 11 HB-3#63 THIRD READING PAGE T; HB-316# THIRD REAOING PAGE 73 H3-3#65 THIRO READING PAGE 79 H8-3*66 THIRD READING PAGE 80 Hö-3:67 THIRD READING PAGE 8t HB-3#&8 SECOND READIRG PAGE 201 H8-3472 THIRO READING PAGE 82 H8-3*73 THIRD READING PAGE 82 HB-3#7# TBIRD READING PAGE 83 H8-3:92 THIRO READING PAGE 81 *9-3*94 SECOND READING PAGE 202 *:-3506 SEZQND REABING PAGE 202 88-3513 SECOND READING PAGE 2O# H8-3527 RECALLED PAGE 239 H8-3534 THIRD READING PAGE 83 H8-3535 THIRD READING PAGE 85 H8-3536 RECALEED PAGE 239 H8-353T THIRD READING PAGE 85 H8-3538 THIRD READING PAGE 86 H:-3539 THIRD READING PAGE 8: H3-35*0 THIRD READING PAGE 87 H8-35#1 THIRD READING P/GE 88 98-35:3 CHIRD READING PAGE 89 H8-35#* THIRD READING PJGE 89 88-3545 THIRD READING PAGE 90 H8-3546 THIRD READTNG PAGE 9: 88-35*7 THIRD REAOING PAGE 9: H8-3548 THIRD READING PAGE 92 H8-3549 THIRD ûEADING PAG6 92 H8-3562 THIRD READING PAGE 94 88-3565 RECALLED PAGE 9 H:-3580 THIRO READING PAGE 96 8:-3585 THIRO READING PAGE 97 :8-3590 RFCALLEO PAGE 240 H8-3598 THIRD READING PAGE 100 H8-3630 SECPND READING PAGE 205 *8-36#5 THIRD READING PAGE 100 H8-36#6 THIRD READING PAGE t01 H8-3619 ZECALLED PAGE 251 H3-3683 TBIRD READING PAGE l;e H8-369# SECOND READING PAGE 226 H8-3895 THIRD READING PAGE 108 H8-3899 THtRu REA;ING PAGE l09 H3-3T18 SECOND READING PAGE 209 H8-3720 THIRD REAûING PAGE llO  REPORTZ TIFLDAY STATE OF ILLINQIS 90/10/23 CAGE: 003 . aôrH GENERAL ASSEMBLY l#:#OJ12 yyNiyy DAILY TRANSCRIPTIUfS 0F DEBATE INDEX JUNE 20. 1990 H8-3722 RECALLED PAGE 252 I H:-3727 THIRD READING PAGE 1ll i ::-3740 REEZLLED PAGE 9 ' *8-3755 THIRD READING PAGE 112 l HB-3771 THIRD READING PAGE 1t3 I H8-3727 SECGNO READING PAGE 21Q I ::-3793 THlao REASING PAGE l17 l I H8-38:2 RECALLE: PAGE 253 H8-3815 RECALLED PZGE 25# 98-3815 RECALLED PAGE 282 H8-3815 0U: OF RECORD PAGE 257 HB-38t6 THIRD READING PAGE ll8 H8-3832 CHIRD READING PAGE 127 H3-383: REZALLED PAGE lt H8-3838 THIRD READING PAGE t28 88-38:3 THIRD RPADING PAGE 13# 83-3852 RECALLED PAGE 257 *8-3853 RECALLED PAGE 259 H8-3859 REZALLED PAGE 269 H8-387* THIRD READING PAGE l34 H8-3875 RECALLED PAGE 270 *:-3891 SECOND READING PAGE 2t1 98-3896 THIRD READING PAGf 135 86-3897 RECALLED PAGE 27k H8-3902 RECALLED PAGE 212 HB-39t# THIRD READING PAGE t45 HB-39#0 THIRO REAOING PZGE 136 H:-39:1 THTRD READING PAGE 157 H8-39#9 REZALLED PAGE 273 H8-3952 THIRD READING PAGE l37 H6-3959 THIRD REZDING PAGE t43 H8-3962 RECALLED PAGE 2T: H3-3966 THIRD READING PAGE 148 H3-1024 THIRO RF/OING PAGE l67 H3-102T THIRD READING PAGE l68 HB-#036 THIRD READING PAGE 1TD RB-#Q#9 THIRD READING PJGE l70 88-4053 THIRD AEZDING PAGE 175 HB-#061 RECALLED PAGE 275 HB-é12# THIRD READING PAGE l;6 HB-4t2# 0UT CF RECORD PàGE 176 HB-ç126 RECALLED PAGE k76 HB-:128 YHIRO READING PAGE tT7 H3-*L29 THIRD READING PJGE l78 H8-#1#0 SEEOND READING PAGE 212 HB-#1#8 THIRD READING PAGE 1TB HB-A1#9 THIRD READING PAGE l79 Hö-4189 RECALLED PAGE 280 HB-#l78 THIRD READING PAGE 180 HB-#2û8 SECOND READING PAGE 215 j 5R-1256 RESOLUTION OFFEREO - PJGE 2 l sR 1 - 257 RESOLUTION OFFERED 1258 RESCLMTION OFFEREO PAGE PAGE 3 29B 5R-1259 RESOLUTION QFFERED PAGE e98 SR-l260 RESOLUTISN OFFERED PAGE 298 SR-k26t RESOLUTIGN OFFERED PAGE 298 5:-1262 A9UPTEO PAG6 299 SR-12G2 RESOLUTION OFFEREO PAGE 298 5R-1263 RESOLUTION OFFERED PAGE 298 SR- L284 RESOLUTION OFFERED PAGE 298 l ' S 5R-t 12& 85 8RESS DLUTIONOFFERED SJR-O2O3 RESOLUTION OFFERED PJ AGE 298 PAGE 6 2 l # REPORTZ /AGEJ TIFLDAY c0# STATE OF JLLINOIS 92710/23 86TH GENERAL ASSENDLY t#I*o:12 SENATE OAILY TRJDSERTPTION DF OEBATE INDEX JUNE 20, 1990 SU3JECT MATTER GENATE TG ORDER - SENATOR DEMUZIO PAGE PRAYER - REVEREND LOVELAND PAGE JOURNALS - POSTPQNED PJGE RESSAGES FROM rHë HOUSE PAGE SENAFCR CGLLIRS - PRESIOINS 0F6iCfR PAGE PRESIDENT ROEK - PRESIDING PAGE SENATOR LUFT - PRESIOING OFFICER PAGE PRESIDENT ROCK - PRESIDING PAGE SENATOR DEMUZIO - PRESIDING PAGE PRESIDENT ROCK - PRESIDING PJGE SENJTOR LEHOHJCZ - RRESIDING OFFIEER PAGE PRESIDENT RQCK - PRESIDING PAGE SENATOR DEMUZIJ - PRESIDING OFFICER PAGE PRESIOENY ROCK - PRESIDIRG PAGE SENATOR LECHOHIC' - PRESIDING GFFICER PAGE PRESIOENT RGCK - PROSIOING PAGE SENATOR LUFT - PRESIDING OFFICER PAGB PRESIDENT ROEK - PRESIDING P;G6 NFSSAGES FROM TBE HOUSE PAGE ADJOURNMENT PAGE