Illinois Senate Floor Debate — June 21, 1990

Thank you: Mr. President, Members. House Bi11 950, as well as 953, and Senate Bills 2075 and 76 are a result of the 1988 Governorts Commission to review the Mental Health Statutes and provide recommendations for revision. We originally looked at -- the Governor asked us to look at ambulatory commktment, informed consent and forensics, and the Commission went on to expand that to restraint and seelusion, confidentiality, as well asz in general terms, the rights of the recipients. Representative -- Senator Kellyy Representative McGann and I have had hearings over the last three months to extract from that report those particular items which we could achieve a consensus on with the administration and a1l the interested parties around the State. House Bill 950, by amendment' does the following: 'Amendment No. increases the maximum period khat a court can order hospitalization from sixty to a hundred and eighty days. Amendment No. 2 defines psychotropic medication; requires that patients be advised in writing of the side effeets of medication; of their right to refuse treatment; mandates regular reviews for persons who recelve psyehotropic medication over an extended period of time. Amendment No. 3 requires that restraint which is applled for medteal reasons be docunented and authorized by a physician; limits the time that seclusion can be used for behavior modification; provides that only trained Personnel can be authorized to apply reskraints; requires that restraint -- or restrained or secluded recipients be examined within tWo hours by either a physician or a supervisory nurse; requires that a facility direetor be notified of tbe imposition of restraint or 5 ' STATE OP ILLINOIS 86th GENERAL ASSEMBLY RZGULAR SESSION SENATE TRANSCRIPT 106th Le:islative Day June 21, 1990 seclusion within twenty-four hours; requires that restrained recipients be observed every fifteen minutes as opposed to every hour; requires restrained deaf recipients to be allowed freedom of movement with their hands at reqular intervals so they may communicate; requires the recipient in seclusion be observed at all times; requires that a recipient who is restrained or secluded be advised of his or her right to have one or more persons or agencies notified of a restraint or secluslon; and Amendment No. takes a -- deletes a portion of Amendment No. 2. If there are no queseions, I would ask for a favorable roll call. PRESIDENT ROCK: Any dlscussion? If not: the question isy shall House Bill 950 pass. Those in favor Will vote Aye. Opposed, vote Nay: and the voting is open. Have a1l voted Who Wish? Have all voted who Wish? Have al1 voted who wish? Take the record. On that queseion: there are 54 Ayes, no Naysy none votlng Present. House Bill 950: having received the required constitutional majority, is declared passed. 951. Senator Mahar. Read the bill, Madam Secretary, please. SECRETARY HAWKER: House Bill 951. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Mahar. SENATOR MANAR: Thank you, Mr. President. House Bi11 95l very simply statutorily creates the Governor's Council -- Planning Council on Mental Hea1th, and also a Planning Council on Developmental Disabilities. I would ask for a favorable roll call. PRESIDENT ROCE: Dlscusston? Any diseussion? If not, the question is, shall 6  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 House Bt11 95l pass. Those in favor wtll vote Aye. Opposedy vote Nay . The voting is open. Have a1l voted Who wish? Have all voted who wish? Have all voted who wish? Take the record . On tbat question, there are 54 Ayes, no Naysr none voting Present. House Bill 951, having received the required constitutional majority, is declared passed. 953. Senator Kelly. Read the bill, Madam Secretary: please.

House Bill 953. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Kelly.

Thank you, Mr. President and Members of *he Senate. This is anokher recommendation of the Commission to revise the Mental Health Code# Which Senator Mahar and I are sponsoring. The bill, as amended, prcvides proeedures for confiscating firearms from mental health patients. It requires the Deparkment to establish rules to provide service to clients by qualified professionals. It extends certificates of commitment to be signed by psychiatrists and clinical psychologists. It also allows the Department to promulgate rules for those MH and DD persons confined to local jails and juvenile detention facilities, and finally, we adopted Senator Pawell's amendment, whieh removes the mlnlmum distances facilities can be located. With that solicit your supportz and be qlad to answer any questions you have. PRESIDENT ROCK) Is there any discussion? Discussion? If -- Senator Keats.

Could we :et a clearer explanation of thak final amendment again on the CILAS; please?  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990

Senator Kelly.

Senator Fawell probably could explain it better than 1, but it -- it eliminates the minimum requirement. think mentioned there would be some controversy on the footage requirement. This eliminates itr so that there is no requirement.

The question is, shall House Bill 953 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have a11 voted who Nish? Have al1 voted who wisb? Have a11 voted kho wish? Take the record. On that question. there are 56 Ayes, l Nay, none voting Present. House Bill 953, having received the required constitutional majority, is declared passed. 954. Senator Kelly. Read the bill, Madam Secretary, please.

House Bill 954. (Secretary reads title of bi11) 3rd Reading of the bill.

Senator Kelly.

I'm sorry. We're Moing to ask this one to be held. The CILAS...

Take it out of the reeord. Top of Page 7. 982. Senakor Schuneman. Read the bill, please.

House Bill 982. (Seeretary reads title of bill) 3rd Reading of the bill.

r- ' '-' STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION ' SENATE TRANSCRIPT l . 106th Legislative Day June 2l# 1990 l I senator Scbuneman. SENATOR SCHAFFER: Thank -- thank you, Mr. President. House Bill 982 is a rather straightforward, simple billz but has significant impact. What, in effect, it does is establish a law that says that if we# as a Legislature, are mandating health insurance coverages, that they must be mandated for everybody in Illinois, not only the small employers. And I -- I think tbat people that are involved in these issues have had adequate time to look at this, and I would simply urqe your favorable approval of the bill. PRESIDENT ROCX: Discussion? Senator Jones. SENATOR JONES: Yeah. Thank you, Mr. President. Wâl1 the sponsor yield? PRESIDENT ROCK: I'm sorry. Senator Jones, just hold it a minute. Welre having a little trouble with our electronic scoreboard. Top of Page 7. It's House Bill 9-8 tsic> ...tmachine cutoffl... SENATOR JONES: Yeah. Senator Schuneman -- are we al1 right? PRESIDENT ROCK: Senator Jones. SENATOR JONES: Senator Schuneman: this amendment that you put on the bill has far-reaching effects that I don't think the Membership has really understood. Do you mean to tell me Ehat any benefits that We pass as a General Assembly as it relate to -- to insurance, that no -- it could not pass unless we do the same thing for the -- the Public Aide Medlcaidy Medicare benefits? PRESIDENT ROCK: Senator Schuneman . SENATOR SCHAFFER: a ! ' ! ! I STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990 No. It -- gould bave no connection with Public Aid benefits or Medicaid. It only applies to mandated health care coverages and -- in the private sector or -- well, basically ln khe private seetor. PRESIDENT ROCK: Senator Jones. SENATOR JONES: Well, the way I read the analysis of thisg it says that added provisions, ''That no leqislation enacted after the effective date requirinq the offerkng oE health care coverage shall apply to any insurer unless that legislation applies equally to employee welfare benefit plansv'' So if what I'm saying to you is that this bill Were to become law, or We want to increase benefkts for those in the private seetor: we must also increase the benefits of our State Plan that We have for the Members of the General Assemblyr the plans that we have for State employees - is that what you're sayinq? PRESIDENT ROCK: Senator Schuneman. SENATOR SCHAFFER: No. I'm not saying that at all. This affects only health care plans provided by insurers, and the State of Illinois is a self-insured plan, since you're referring specifically to the Stake of Illinois. But 1et me ask you a question. What's wrong with that? If -- if, in fact, we're mandating health insurance coverages on evetybody else, why wouldn't we be willing to mandate them on State employees? PRESIDENT ROCK: Senator Jones. SENATOR JONES: Well, I'm not the sponsor of the bill', and sknce you are sponsoring and this legislation was not heard in committee, it 10 ! STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 was sort of a sneak attackz more or lessz and it has wide-range implications. And think the Membershlp should be aware as to what this -- this amendment actually does. If you are limiting the -- the coverage for insurance not unless that insurance cover other plans -- that's the way I read it. Then what you are doing is prohibiting this General Assembly from ever enacting legislation that's going to impact in the privake sector, unless ik does it for all. That's the *ay I read it. PRESIDENT ROCK: All right. Further diseussion? Any further discussion? Senator Schuneman, you Wish to close? SENATOR SCHAFFER: Thank you, Mr. President. Well, in order to clear up any misunderstanding about this, this bill, if passed: would not have any effect at al1 on Medicare, Medieaid or the State Group Insurance Plan. That -- they are self-insured or -- in -- in tbe case of the Medicare, Medieaid, of course: they 're government-provided benefits. And the State Employee 's Group Insurance Plan is a self-insured plan, so it Would have no effect on that. But what We're seeking to do here is make the point to the General Assembly that as %e mandate coverages in health insurance plans, we 're not mandating it on everybody. The fact of the matter is, when we pass a mandate here, about sixty percent of the people that you think you're affeeting are not affected at all, and the forty percent tbat you are affecting are'basically small employers and private individuals. So they're the ones that are having to pick up the cost. The -- the recently passed mammogram eoverage às a good example. We passed that bill last year, and a11 small employers in Illinois now have to pay for that coveraqe. And that may be a laudable thing, but you know who's not paying for 1t? The State of Illinois Group Insurance. We're not -- we're not providing that coverage for people. Everybody  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legkslatkve Day June 21, 1990 provides the mammogram coverage if it is diagnosed by a doctor, but if it is electlve: which is what We mandated on a11 the small employers in Illinois, then, for example, the big qroup plans don't have to provide that, because they are exempt from what we lre doing here. So al1 We're saying by this amendment is if you're goin: to do it to anybody, do it to everybody. think it's a good idea, and I think we ought to pass the bill. I ask for your approval.

Senator Jonese the Gentleman Was closing.

Okay. Wel1...

Al1 riqht. The question is, shall House Bill 982 pass. Those kn favor will vote Aye. Opposed Will vote Nay, and the voting is open. Have all voted who wish? Have all voted who Wish? Have a11 voted who wish? Take the record. On that question, there are 51 Ayes, 6 Nays, none voting Present. House Bill 982, having received the required eonstitutional majority, is declared passed. 1220 is on the Recall List, as I understand it. 1268. Senator Marovitz. Read the bill, Madam Secretary, please. On the Order of House Bills 3rd Readingy top of Page 7, is House Bill 1268. Read the bill, please.

House Bill 1268. (Gecretary reads title of bill) 3rd Reading of the bill.

Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. House Bill 1268 establishes a presumption of paternity When blood 12 I STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislattve Day June 21# 1990 tests establish a combined paternity index of five hundred to one, which can be rebutted by clear and convincing evidence. An affidavit or other verified document establishes a chain of custody of blood and tissue samples for admissibility in court. Each party can challenge the results and require an expert to appear in court. This portion of the bill was drafted by the Women's LaW Project, at the request of the Citizens Council on Women, and was negotiated with the Child Support Division of the Cook County State's Attorney's Office. The bill has the support of the Illinois Task Eorce on Child Support Enforcement. Senator Macdonald was the original sponsor of this legislation, which passed the House ll2 to nothing. Also on this legislation is the amendment which specifies that if there are -- a happy, intact, functioning family -- if there's a happy, intact, functioning family -- happy, intact, functioning mom and dad, that mom and dad would make the decision about who sees their kids and hoW often: and the government Would not be allowed to intrude and tell that happy, living together, functioning mom and dad Who can see their kids, and for how long they could see their kids. But we've also added one other thing - that if one of those parents, even thouqh they're working and living together, joins With the in-law or the grandparent, then there could be visitation awarded by the court. I would solicit your Aye vote. PRESIDENT ROCK: Discussion? Senator Fawell. :ENATOR FAWELL: Thank you very much. Will the sponsor yield for a question? PRESIDENT ROCK: Sponsor indicates he Will yield. SENATOR FAWELL: What you are actually doing then, effect, is repealing the Grandparents' Riqhts Acts, aren't you? 13  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 i I

Senator Marovitz.

The answer to that is no, we are not doing that at all, and I want to make that very clear. That is not what is being done here. The only change that is being made is in one limited situation, where the -- where the mom and dad are living together, working together, happy, functioning together and making decisions together; where there is no divorce pending, no separationz there's no death, one of the parents hasn't absented himself from the home. Only -- the only situation this applies to is Where mom and dad are living: working together, functioning together as an intact family. Then we are leaving the decision about who their children should see, and for how often, up to them, and not allowing the çovernment to step in and interfere with that decision-making process.

Senator Fawell.

Wellz to the bill. I have run into a couple of situations in my district where supposedly this happy: bright, cheerful family were actually: in effect, on drugs, and abusing their children. And all the grandparents wanted Was a right to come into court to petition khe court to present their side of why in the world they should be able to go in and see their grandchildren, who they personally felt that their oWn daughter and son-in-law were physically abused -- abusing them and neglecting them . Now if the courts deeided there was not enough evidence to allow them to go in, I certainly agree that the grandparents ought to keep out of it. But I am goinq to tell you, unfortunately in this world there are situations where parents do abuse their children, and Whether it Was my daughter or my son that Would -- was doing that, if I 14  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 thought that there Was evidence that that Was happening, I I certainly would want to go in and protect those grandchildren. I think what you are doing is you are whittling away at those @ l grandparents' rights that so many felt were important. You did it with an amendment on another bill that is presently in the House - that frankly nobody caught - and now you are doing it again. And I think We ought to -- if you want to take the grandparents away, do it on a bill. Don't do it on an amendment and take little bits and pieces away. Because there are situations Where grandparents have to come in, unfortunately, and correct a situation. I think this is a bad idea, and I think we ought to reject the bill because of it.

Further discussion? Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate. I fully concur in the remarks of Senator Fawell. I've had situations where the parents -- the wife says to the husband, ''If you 1et your -- the kid be seen by your mother: I'm going to leaveol' So the guy, in order to keep peace in the family, goes along with her. NoW this is wrong. This hurts the child. It hurts the child more than the sponsor of thks amendment over there, to repeal it, realizes. Because children are entitled to know their parents -- their parents -- and they're also entitled to know their grandparents. After all, the grandparents produced the parents. I think this is wrong, and I would advise Ehe sponsor to take this bill out of the record, and get it back on 2nd Reading and take this repeal off. It's not fair. There have been instances in my county where the parents are on drugs, and they just go alonq, and the kids are left neglected. Now what are We going to do about things like that? Who else is going Eo take an interest if it isn 't the grandparents? After ally the court's 15  E STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SCSSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 going to decide. .If the court decides that the grandparents don 't have a right to see the children: the courts will make the decision. think we are trying to protect the children here, and I -- I really am opposed to this amendment as it is in this bill.

All right. WCIA-TV has requested permission to videotape. Without objection, leave is granted. Senator -- further discussion? Senator Hawkinson.

Thank -- thank you, Mr. President. With a11 due respect to my colleagues on this side of the aisle, theylre -- theydre simply wronq in their attack on this bill. Number one: it does not repeal the Grandparents' Visitation Act. That Act provides that they may come in and seek visitatlon through the court when there has been a divoree, when there's been a separation, when there's been a -- a death of one spouse, when for some reason the -- the parental influence on the family has been disturbed. And that's as it should be; we don't want a -- a new spouse or -- or new -- new parents to keep grandparents from visiting their grandchildren. And I supported that bill. We've supported several bills on that subject. This bill deals strictly with the limited situatlon, when there has been no breakup in the family, no death, no separation. When you have two parents with their children, those parents ought to have the right to make the decisions regarding their children. NoW the argument has been raised that this is somehow addressed, or that khis provisions somehow protects abused or neglected children. That's utter nonsense. We have laws on the books in this State - strong laws. We have protection, we have anonymity, We have confidentiality, where any evidence -- any evidence of neqlect, any evidence of an abuse, can be reported, and the government then does, in fact, step in, through the Department of Children and Family Services, 16  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislatkve Day June 21, 1990 or the State Police, or other law enforcement agencies. If there is any evidence of abuse or the use of drugs or neglect, that can be reported anonymously by the grandparents, by a neighbor, by anyone else, by a day-care worker, a teacher, a doctor, and the government will step in. So to interject abuse or the use of drugs or neglect is simply not germane to the thing we are talking about here, which is the right of a -- of a family of intact parents to make decisions such as we are talking about here, and not ko be dragqed into court and expend many dollars in in leqal fees and otherwise to interfere with their control of their intact family, and I would support the bill.

Further discussion? Senator Macdonald.

Thank you, Mr. President. With all due respect and and great admiration for the prior speaker and also to the sponsor of this billy I would like to tell the sponsor, Senator Marovitz, that -- that the amendment that you have put on is highly , hkghly controversial. The bill as it originally was taken to the Judiciary Committee from the Council on Women was a very, very important bill. So much so that rather than have any controversy over the bill, I changed chief sponsorship of that bill. I -- think that this amendment is so controversial that I think it Will imperil this bill, and I would ask you if you would consider taking this bill out of the recordy and taking it back to 2nd, and removing this amendment, so that this bill can qo forward and and be a straightforward bill as we had intended it to be the first place. The original intent of this bill is extremely important to the people of the State of Illinois: and I Would hope that this bill could pass forward, but I do realize that With this grandparent amendment back on the bill againy that I think it will damage the bill - maybe we should address that at another time, in 17 / STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 another Session, or maybe in a conference committee. But -- -- I have to say that I regret that this amendment Was put on the billy and I would ask the sponsor if he would consider taking it off. PRESIDENT ROCK: Further discussion? Senator Keats. SENATOR KEATS: Much of what I was qoing to say was said by Senator Hawkinson, so I will dramatically reduce the point I Was going to make - that Senator Hawkinson was really quite on -- on line in terms of what are the precedents in the bill. This is What you have to keep in mind . Court precedent in Illinois 1aw essentially gives the parents priority, even in the case of abused children, and Senator Rock and I have sponsored bklls in this area. We have seen abused children given back to parentsy because that's what the 1aw and the court precedents say. So that that precedent is there; that is the priority. So what we are trying to do under this bill is to make sure that at least we've now clarified what role grandparents have, what right they have to intervene in a family situation. This is in reality protection for the children of the family, and says this decision will be made based upon this law, not based upon individual court cases, and individual grandparents suing, et cetera. This is really the best way to do it. To say it is controversial is truey and it Would be totally unfair to allege this is not controversial. But to say that -- that we should simply the Leqislature - not acty is silly. The courts themselves have said - and our 1aw has said - the parents have priority. This simply clarifies ho* it will be done. And for that reason -- the rest of What I was going to say, Senator Hawkinson has already said. The real world says We have Eo do whether it's controverslal or not. PRESIDENT ROCK: 18  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Further discussion? Senator Topinka.

Yes. Mr. President, Ladies and Gentlemen of the Senate. In in great part, I would agree with what Senator Hawkinson so eloquently put forward here. This particular bill, as has now fomented and been passed out by the Leqislature, has caused al1 sorts of difficulties in my district between families, in what really and truly are -- are domestic disturbances, and I don't know that just saying arbitrarily that the parents are bad, and therefore the grandparents are good, or vice versa, solves this problem. We have had both parents, where the case could be made on both sides of the issue. think to make it a blanket endorsenent that somehow grandparents intervening here make for a better family situation, I don't know that that can be said. Furthermorer as we look at why we are doing bills like this at all, we can assume that there is already an upsee in the family that the courts or us or anybody else isn't going to be able to solve, because it is a deep-seated family disturbance in an intact family. I think this is a fair bill and a fair way to approach this situation, because I have now had intact families driven out of State by aggressive grandparents Who don't necessarily make the case that they will be better for the children involved. have local police departments calling me saying, ''This is fair; We can live with this.'' I Would just submit that there is some local support for this. I thlnk it's a fair approach, and I think we should act.

Further discussion? Senator Barkhausen.

Mr. President and Members, as the spokesman on this -- Republican spokesman on tbe Senate Judieiary Committee, I would like to urge your support, both for the bill and the amendment. I 19  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 think the amendment, in fact, is a reasonable compromise between two sides who feel quite strongly in in different directions. But the fact that we would now be requiring one of the parents to join in a petition filed by qrandparents for visitation, think makes sense. I would also add that the underlying bill is -- is highly important, in that it will help -- help prosecutors and others to brin: cases under the 'Parentage Act, and in so doing will help streamline - We hope - our child support and and child support collection systems. So I urge support for the bill.

Further discussion? Senator Marovitz may close.

Thank you very muchz Mr. President. Well, let me clarify one thing right away. This bill has nothing whatsoever to do With child abuse or substance abuse, which Senator Hawkinson so eloquently eloquently pointed out. There are laws on the books which allows DCFS to go in upon any complaint, as Senator Hawkinson pointed outy and take the child away from any parent where there 's allegations of substance abuse, or child abuse. And khink it is very important that every child should have as good a relationship and as frequent a relationship with their grandparents as posslble. I had a very good one. But I think where there is a conflict - and remember grandparents and in-laws are the same thkng - where there is a conflict and tbe parents are working together as an intact family, that the decision should be left up to khe parents. After all, where does the qovernment come in and say, ''Wefre going to intrude in your internal family affairs and tell you Who has to see your kids and how often.'' When you drag the children through court, what has to happen and what's happening today - is the parents then have to take family money and hire expensive lawyersz go through court time, the kids have to have depositions taken, psychological tests of those kids, 20  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 cross-examination. There are emotional scars on those kids, just to find out because the grandparent or the in-law has petitioned - what's in their best interest. Legal fees, time off work, court costs, depositions, cross-examination, psychological testing. The faet is, this isn't necessary where you have parents working together. If one parent disaqrees with the other parent, this law says, 'Fine.'' one parent disaqrees, that parent will join with the grandparentsr and then the grandparents still can go So we have even refined this furtherz to only the situation where grandparents living -- of parents living and working together, agree -- agree that -- as to how often the grandparents or the in-laws should see their children. I really don't think this is that controversial. I've had hundreds of calls from parents who say that in-laws have said, ''We have lots of money, and We are going to drag you through the courts as a result of this new law.'' Wedre going to stop that with this. Where two parents are working together and functioning together, the government should not come in and tell that happy family who can and should see their kids. If there is abuse goin: on, there are laws on the books right now to cover that. This doesn't involve that limited situation. solicit your Aye vote.

The question is, shall House Bill 1268 pass. Those in favor will vote Aye. Opposed, vote Nay. The votinq is open. Have al1 voted who wish? Have a1l voted who wish? Have a11 voted Who wish? Take the record. On that questione there are 42 Ayesy 9 Naysg 5 votin: Present. House Bill 1268, havin: received the required constitutional majority, is declared passed. 1504. Senator Marovitz. Read the billz Madam Secretaryz please.

House Bill 1504. (Secretary reads title of bill) 21  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990 3rd Reading of the bill.

Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. House Bill 1504 allows a continuance of up to a hundred and twenty days to allow the State to obtain DNA test results. Currently a defendant must be tried within a hundred and sixty days if theydre not incarcerated, and a hundred and twenty days if incarcerated. The court may allow an extension of up to sixty days if the State has not been able to obtain evidence despite its due diligence. Also on this is the legislation dealin: with ticket scalpers and ticket brokers: and I I believe there was passed out on your desk a letter from the Chicago Cubs, the Chicaqo White Sox, the Chicago Bears: the Chicago Blackhawks, the Chicago Bulls, Poplar Creek Music Festival, JAM Productions, the Auditorium Theatre, where Phantom of the Opera is playing, Ticketmaster and Ticketron. And the purpose of this bill is to put more tickets in the hands of the average ticket-buying fany the average theater patron, the average concertgoer, and make sure that that average kicket-buying fan only has to pay the face value of the ticket and not be gouged by ticket scalpers or ticket brokers. The current law has no teeth in it. The current law has no teeth in it. This legislation would allow the owner of a team or the promoter of an event to go to court and get an injunction preventin: anybody from selling, reselling, or advertising for sale tickets at an escalated price. Those Eicke*s could then be confiscated and gîven away to charity by the court. This -- this would mean that the State's Attorney and the Attorney General would not have to be *he one to go after these individuals, but the owner of the teams or the promoter of the events could and would do that oversee this - and prevent the scalping of tickets. This means that the 22  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Ehousands of tickets thak are presently in the hand: of a very limited qroup of ticket brokers and ticket scalpers would qo back into the box offices and be available for the averase ticket-buying fan that supports the team, or the theaters, or the artist, on a regular daily basis. I'd be happy to answer questions, and solicit your Aye vote.

Discussion? Senator Savkckas.

I just heard a comment that the tickets would be eonfiscated and given away to charity? That means the public would not have access to them? I mean, what...

Senator Marovitz.

I'm qlad you clarified that. These are tickets that have already been sold. Remember these are tickets that have already been sold. So somebody's already bought them. Okay? So now the team has already reaped the benefit from them . We're going to confiscate the ticket from the people who try and commit this illegal act, and give those tickets away to charity.

Senator Savickas.

So the public that wanted these tickets in the first place that were prohibited from gettinq them because they were scalped, or bought up: or whatevery candt get them now because they 're confiscating them, giving them away to charity, and they can't use them anyway. 1 mean a11 wedre concerned here then is that the team got their money, but the public that wants to go view Ehese events can't -- has -- have no opportunity. Is this what Welre talking about? 23  STATE OF ILZINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

Senator Marovitz. '

I'm glad you brought that up. No, that -- that isn't at al1 what We're talking about. The way the bill is going to work -- ! i what happens today, Senator Savickas, is the ticket scalpers or I the ticket brokers will pay somebody forty, fifty dollars to Wait in line and -- and get as many tickets as possible. They may pay ' as many as ten, twenty, thirty kids to wait in line overnight to make sure they're the first ones in line, so that they can get these seats. And then they 'll give them to the ticket scalper or ticket broker, and he dll resell those tickets illegally at escalated prices. When an injunction issues, Senator Savickas, those individuals will not be able to do that. They won't send those kids in line to get the ticketsz because once an injunction issues, theylll lose what they paid the kid to wait in line, they'll lose the face value of the ticketz and they -- and the tickets will be confiscated from them . So there'll be no purpose for them to have a kid wait in liney because they 're not going to be able to scalp these tickets. Therefore, a11 those seats Will be in the box office and available to the average ticket-buying consumer .

Further discussion? Further discussion? Senator Demuzio.

I just have a question of the sponsor, if I might. If I have four tickets to a football game and I -- I'm not qoing, and I give them to someone to stand outside the stadium or Whatever it is which is a common practice, and sell them for the same pricey that obviously is not ticket scalping and Would not apply to your bill. Is that correct? 1 PRESIDENT ROCK I : I 24  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21y 1990 Senator Marovitz.

That is correck, Senator Demuzio.

Senator Demuzio.

If they but if they sell them for five dollars more than what the face value of the ticket is, and theyfre found guiltyg then khey qet -- is it automatic - a one-year sentence and a five-thousand-dollar fine?

Senakor Marovitz.

No. It is not automatic. That is just a maximum penalty that is allowable. It's up to the purview of the judge. It is not automatie.

Further discussion? Senator Hawkinson.

Thank -- thank you, Mr. President. I would just point out to the Members that there is another important provision on this bill. That is the reduction of the post-conviction relief petieion time from ten years to three years. We added additional appellate public defenders last year - the Powell Commission of the United States Supreme Court is trying to deal with the problem of reducing the length of time for death penalty appeals. If you look at how long John Gacy has been -- been appealing. This has gone on forever. It's made a shambles of our criminal justice system. This simply says that the post-conviction petition must be filed within three years. ft's park of a -- of a plan to start getting a handle on making these a reasonable length of appeal to puE some credibility back in our death penalty appeal cases, and I 25  STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 would urqe support.

Purther discussion? Further discussion? Senator Marovitz, to close.

Well, thank you very much, Mr. President. Once agakn, this is aimed at people who buy tickets in bulk and take the best seats away from the ticket-buying public. We Want to put as many seats as possible back in the box office, so that the average ticket-buying fan will be able to pay the face value of the ticket and suppor: the teams, or the theaters, or the -- the artists that they like without bein: qouged by ticket scalpers or ticket brokers, and I solicit your Aye vote.

Question is, shall House Bill 1504 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting's open. Have al1 voted who wksh? Have a1l voted who wksh? Have a11 voted who wish? Take the record. On that questiong there are 49 Ayes, 5 Nays, l voting Present. House Bil1 1504, having received the required constitutional majority, is declared passed. Senator Hall, on 1560. Read the bill, Madam Secretary.

House Bill 1560. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Hall. SENATOR HALLJ Yeah. Would -- would you take that out of the record for me, please?

I will take it out of the record. 1681. Senator Dunn. Read 26  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21y 1990 . I the bill. I I SECRETARY HAWKER: House Bill 1681. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Dunn. SENATOR R . DUNN: Thank you, Mr. Presioent and Members of the Senate. This bill: as it now standsz deals With parental involvement in schools. Senator Holmber: and Senator Kustra added two amendments which do the following: Senate Amendment 2 provides the school report cards issued by school districts must include a parental involvement component. Report cards are set forth in percentase of students whose parents or guardians have had one or more parental contact with the student's teachers; Senate Amendment No. 2 <sicl (3) allows school districts to utilize up to two of the days allowed for teachers' institute as parental institute days. 1111 be glad to answer any questions I can about the bill. Thank you. PRESIDENT ROCK: Discussion? Any discussion? If not, the question ise shall House Bill 1681 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have a1l voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that questiong khere are 54 Ayes, 3 Nayse none voting Present. House Bill 1681, having received the required constitutional majority, is declared passed. 1699.s on the Recall. 1762 is on the Recall. 2178. Senator Jones. Read the bill, please, Madam Secretary. Top of Page 8, on the Order of House Bills 3rd Reading is House Bill 2178. Read the billz please. SECRETARY HAWKER: 27  STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislatlve Day June 21# 1990 House Bill 2178. (Secretary reads tltle of bill) 3rd Reading of the bill.

Senator Jones.

Thank you, Mr. President and Members of the Senate. House Bill 2178 validates the appropriation and tax levy ordinance for Cook County, and Cook County Forest Preserve District, and the Downstate Forest Preserve District for 1989. It adds that downstate county commissioners shall not receive an annual salary that is greater than the annual salary paid to the county clerk of that county. It validates the tax levy for downstate forest preserve districts that did not specifically itemize in detail as required by Statute, and also correct a technical error of allowlng local health departments to take over Tuberculosis Control Program by reduaing the tax money available from a .5 percent to a .05 pereent. That's all the bill does. I ask for a favorable vote.

Discussion? Any discussion? If not, the question is, shall House Bill 2178 pass. Those in favor, vote Aye. Opposed, Nay. The voeing 's open. Have all voted who wish? All voted who wish? Have all voted who wish? Take the record. On that question, there are 51 Ayes, 6 Naysz none voting Present. House Bill 2178, having reeeived the required constitutional majority, is declared passed. 2367. Senator Jacobs. 2388. Senator Jacobs. Which one do you want or al1 of the above? 2367. Read the bill, Madam Secretary.

House Bill 2367. (Secretary reads title of bill) 28  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 3rd Reading of the bill.

Senator Jacobs.

Thank you, Mr. President. This bill started out as another bill: and it has the amendment that was put on by Senator DeAnqelis, which was initiated by Park Forest, and it's similar to Senate Bill 2128, and I knok of no known opposition to this bill.

Discussion?

Be happy to answer any questions.

If not, the question is# shall House Bill 2367 pass. Those in favor, vote Aye. Opposed, vote Nay. The votingts open. Have a11 voted who wish? Have a1l voted who Wish? Have al1 voted who wish? Take the record. On that question, there are 58 Ayes, no Nays: none voting Present. House Bill 2367, having received the required constitutional majority, is declared passed. 2388. Senator Jacobs. Read the bill, Madam Secretary, please.

House Bill 2388. (Secretary reads title of bill) 3rd Reading of the bill.

SenaEor Jacobs.

Thank you, Mr. President. This bill was souqht by the Department of the Employment Security, and it's desiqned to conform Illinois Law to the latest federal interpretation of deduetions from the unemployment insurance benefits for spousal support, and I know of no opposition, and it is supported by both 29  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 labor and business.

Discussion? If not, the question is, shall House Bill 2388 pass. Those in favor, vote Aye. Opposed, 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 56 Ayes, no Nays, none voting Present. House Bill 2388, having received the required constitutional majorityy is declared passed. 2389 is on the Recall List. 2543. Senator Keats. Read the bill, please.

House Bill 2543. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Reats.

Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. The bill was essentially a vehicle bill to begin with. We added the amendments yesterday that ue explained at the time at the time - that had to do with the savings and loans. When a bank buys one, which is now acceptable under the Federal Act, how they would move the branches, where they could be movede et cetera, and how that process would go. That was really the major import of the two amendments yesterday, and if they have any questions, I'd be glad to answer them .

Discussion? Is there any discussion? If not: the question is# shall House Bill 2543 pass. Those in favor will vote Aye. Opposed, vote Nay, and the votin: is open. Have all voted who Wish? Have a11 voted who Wish? Have a11 voted Who wish? Take the record. On that question, there are 53 Ayes, no Nays, none voting Present. House Bill 2543, having received the required  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislakive Day June 21, 1990 constitutional majority, is declared passed. 2842 is on the Recall List. 2884. Senator Karpiel. Bottom of Page 8, on the Order of House Bills 3rd Reading, is House Bill 2884. Read the bill.

House Bill 2884. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Karpiel.

Thank you, Mr. President. House Bill 2884 does three things dealing with townships. Pirst of all, it amends the Township Purchasing Act to require advertising for bids in connection with contracts over five thousand dollars in townships having ten thousand or fewer persons, and for contracts over ten thousand in townships having ten tbousand or more persons. What actually it does is let the -- allow townships over ten thousand population to let no bid contracts under ten thousand dollars. The amount now is five thousand. Welre simply inereasing it to ten. It also amends the Highway Code, and says that in a case of a road district having a population of fifty -- fifteen thousand or more, that it requires that contraets for eonstruction material, supplies, machinery or equipment costing more than ten thousand be let to the lowest bidder -- responsible bidder. And then also amends the Township Purchasing Act. Tt requires that with respect to a township contract, for township services or other ikems, which is subject to bidding requirements: the township must advertise for bids at least once. These are township-requested bills, and I ask for your Aye vote.

Discussion? Any discussion? If not, the question is, shall 31  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21# 1990 House Bill 2884 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have al1 voted Who wish? Have all voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 55 Ayes, no Nays: none voting Present. House Bill 2884, having received the required constitutional majority, is declared passed. 2899. Senator Collins. 2966. Senator Newhouse. 2-9-6-6. Top of Pa:e 9. Read the bill, Madam Secretary.

House Bill 2966. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Newhouse.

Thank you, Mr. President, Senators. This bill is for *he purpose of helping students make career choices. It provides instruction in secondary schools to prepare students for the working world. Each school board kill determine how much time will be given to *he lnstruction so that that kind of flexibility built in. I would ask for a favorable roll call. PRESIDENT ROCKJ Discussion? Is there any discussion? If not, ehe question is# shall House Bill 2966 pass. Those in faèor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted Who Wish? Have all voted who wish? Have all voted who Wigh? Take the record. On that questionz there are 53 Ayes, no Nays, none voting Present. House Bill 2966, having received the required conskitutional majority, is declared passed. 3019. Senator Marovitz. Read the bill, Madam Seeretary: please.

House Bill 3019. 32  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 (Secretary reads title of b1l1) 3rd Reading of the bill.

Senator Marovitz.

Thank you very muchy Mr. President and Members of the Senate. House Bill 3019 deals kith the Statute of Limitations for leqal malpractice. Currently there is no Statute of Limitations specifically for legal malpractice. Rakherz under current law, the nature of the cause of action determines what the Statute of Limitations period is. Case 1aW has established that a cause of action for legal malpractice will not accrue until the client discovers or should have discovered the facts establishing the cause of action. What 3019 does - itls a proposal of the bar association -- the Illinois State Bar Association - ie provides a two-year Statute of Limitation on attorney malpractice with a six-year limitation after the individual -- that's the -- that's the outer limit -- *ko years after the individual knew or should have known, but no more than six years. We have done similar things in this Body recently for physieians, dentists, registered nurses, hospktals, architects, builders, contractors, publie aecountants, and the lawyers are really the last one to get on board, and speeifically define what the Statute of Limitation is. I think it's up to the Legislature to do that -- to put the -- to put the -- the limits in -- into the 1aw so that everybody knows and that there's no doubt, and that's what this legislaeion's a11 about. An action would have to be brought within two years from the time the person bringing the actàon knew, or reasonably should have known, the injury for which damages are souqht, but in no case more than s1x years after the date on which the act or the omission occurred.

33  STATZ OF ILLINOIS 86th GENERAL ASSEMBLR REGULAR SESSION SENATE TRANSCRIPT 106th Legislatlve Day June 1990 Discussion? Senator Barkhausen. SENATOR BARKHAUSEN; Mr. President and Membersz I also rise in support of this legislation. To make the point again, as Senator Marovitz just did, that -- ehat there is ample precedent for this sort of limitation based on what we have done for other professionals. In fact, the Statute of Limitations that's proposed in khis bill is somewhat less restrlctive than those ve have already passed affecting medical professionals and providers. In that -- in -- ln in in that case the Statute of Limltations the outer limit is -- is four years after the act or omission has occurred, whereas this entails a six-year limitation, and again, in the case of accountants, there is a five-year outer limitation in in that situationy and -- and again four years in this proposal. would additionally like to make the point that like these other professionals, one of the reasons that legal costs go up in the way that -- that medical eosts do is the ever-rising cost of malpractice insurance, and this, in the opinkon of the insurers, including the Illinois State Bar Assoclation, khich now has its own captive insurance program, is something that will help to to eontain the increases in premiums for legal malpractice insurance, and so 1, too, support the leglslakion, and am a co-sponsor.

Discussion? Further discussion? Senaeor Reats.

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

The sponsor indicates he kill yield, Senator Keats.

Senator, I -- I recognize the limitations tha: there are some other professional groups with similar limitations, and I ask 34  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1:6th Legkslative Day June 2l, 1990 everyone to listen to this for a moment. I ask my colleagues to lksten to this for a moment, 'cause I want to put something in -- in a eomparison. If you're a small business person - man or woman and you're a manufacturer, how long is your Statute of Limitations which is equivalent to your malpractice?

Senator Marovitz.

Would you repeat that?

Senator Keats.

A small business person - man or woman - say a manufaeturer and by the way, the Manufacturers' Association oppose: this bill if you're a small manufacturer, your equivalent to malpractice, hov long are they held liable for a product they produce? PRESIDENT ROCXI Senator Marovitz.

Well, I'm not sure if youlre talking about product liability, an oral conkract, a Written contract. It depends on the -- the nature of the cause of action. lf itîs a written contract, it's ten years. If it's an oral contract: it's five years. I'm not -- or if you're talking about product liability -- I'm not sure exactly What you're referring to.

Senator Reats.

The point is# Senator Marovitz has fairly answered the question. You're talking minlmums are five to ten years. If it is a product liablliky judgment, it can at times be ad infinitum. So what we are saying is for eertain professionals - who, by and 35  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21# 1990 large, make more money than do small manufacturers and small business people - we will offer those who are at the wealthy end of the spectrum -- we offer those at the wealthy end of the spectrum -- I would say to my colleagues here, Ladies and Gentlemen: this is a bill of tremendous importance. We are setting a precedent that probably we should a11 be carefully listening to. PRESIDENT ROCK: Further discussion? SENATOR KEATS: Hold ity Mr. President. PRESIDENT ROCK: Senator Keats. SENATOR KEATS: Okay. What we are saying is if you are a business person, a manufacturer - a small person - a small business, you do not have these protections offered, and yet we will offer those to the wealthy and successful professionals at the top end of the economic spectrum, where the small business person has no protection similar to this. If you are a manufacturer such as Johns Manville and asbestos is -- when they designed that material, they had no comprehension that they were doing this damage. Their liability runs for at least forty years for a nistake that a11 of socieky should be accepting. Now wefre sayinq an attorney for a mistake that is an obvious error in their training, we'll give them six years. Now you think aboùt that from the point of a small business person who doesn't make this kind of money that the professionals do, in a court system totally subsidized, ehat they operate in a system where their expenses are minimal to get into, khen you look at a manufacturer what they have to go tbrough, and you 'd understand why the Manufacturers' Association opposes this bill. If you have any concern for a 36 *- lw  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT lB6kh Legislative Day June 21, 1990 small business person, you ouqht to say, ''Let's give them the exact same standards we are giving this special interest group,'' certainly one noted for its influence. PRESIDENT ROCK: Further discussion? Senator Dudycz. SENATOR DUDYCZ: Thank you, Mr. President. A question of the sponsor. PRESIDENT ROCE: The sponsor indicates he will yield, Senator Dudycz. SENATOR DUDYCZ: Senator Marovitzz I'm a little confused. received a letter from the Chicago Council of LaWyers a fe* days ago, and they state, in their letter to me, that House Bill 3019 Would shorten the Skatute of Limitations for clients who sue thelr lawyers to two years from the time the client discovered or should have discovered a wronqful act by the lawyer. Moreover, the bill would limit the time to sue a maximum of six years from the date of the lawyer's Wrongful act, regardless -- regardless of when the client discovered that conduct. And then they go on to say that the Chieago Bar Association opposes House Bill 3019: and they end the letter by saying that the Illinois Legislature should not favor lawyers and their insurers at the expense of those citizens who have valid claims against their lawyers, and then they urge us to reject House Bill 3019. I'm getting mixed signals. We have some lawyers' groups that are saying -- I guess the atkorneys on the eloor are sayinq to support iE, and those groups Who purport to represent you are sayin: to oppose it. Could you elarify that for us nonlawyers? PRESIDENT ROCK: Senator Marovitz. SENATOR MAROVITZZ I will be very happy to clarify that. Ifm not sure why you're 37 < .A  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 confused, but I have -- I've yet to see any lobbyist down here from the Chicago Council of Lawyers. I don't think that any one of us have -- have been approached on any issue down here or educated on any issue by somebody from the Chicago Council of Lakyers, and if you had, you'd probably be the first one. There is a lobbyist from the Illinois State Bar Association that represents a1l the lawyers throughout the entire State of Illinois. They are supportive of this legislation. I'm not -- I have not said, nor will I say, the Chicago Bar Association is in favor of that. There is a group of lawyers who have a certain interest in this bill on the other side that are not supportive of the bill, but the biqgest lawyers' organization in the State of Illinois - the Illinois State Bar Association - you know Who their lobbyists are. Tbey bre down here on an everyday basis, and you can see them and ask them questions on any issue. They are supportive of this legislation. PRESIDENT ROCK: Senator Dudycz. SENATOR DUDYCZ: I'm sorry, Eenator Marovitz. Did you say that the Chicago Bar Association, in fact: does support House Bi11 3019 or opposes? PRESIDENT ROCK: Senator Marovitz. SENATOR MAROVITZ: NoW I see why Wedre having trouble. There muse be a little wax or sometbinq like that. No, the Chicago Bar Associaeion is not in support of the legislation. PRESIDENT ROCK: Furkher discussion? Any further discussion? Senator Marovitz may close. SENATOR MAROVITZ: Wellr I -- I just Want to clarify one thing. Senator Keats 38 I ' j i  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT l06kh Legislative Day June 2l# 1990 got up and talked about we're settinq a precedent here, but I want to remind Senator Keats that ho voted to set that precedent. He voted to set that precedent when he voted for the Statute of Limitations for only two years after you knew, but not more than four for physicians, two years but not more than four for dentists, two years but not more than four for registered nurses, two years but not more than four for hospitals, two years but not more than five for accountants, that was the precedent that senator Keats voted for and supported. So this is not settin: a preeedent. This is just adding another substantial group which needs to have an idea of whak their Statute of Limitations is, and I would solicit your Aye vote.

The question is, shall House Bill 3019 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting's open. Have a11 voted Who Wish? A11 voted who wish? Have al1 voted who wish? All voeed Who wish? Have a1l voted Who wish? Take the reeord. On that question, there are 31 Ayes: 22 Nays, 1 voting Present. House Bill 3019, having received the required constitutional majority, is declared passed. Senator Eeats, for what purpose do you arise, sir? I'm sorry. Senator Keats. SENATOR KEATS) Verification.

The Gentleman has requested a verification. Wil1 the Members please be ln their seats. Senator Keats has requested a verification. The Members kill please be in their seats. All right. Senator Keats has requested a verificaeion of the affirmative vote. That request is in order. I'd ask the Members to please be in tbeir seats. Madam Secretary, read the affirmative roll.

39  STATE 0F ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 The followin: Members voted in the affirmative: Alexander, Barkhauseny Bermanw Brookins, Carrolls Collins, Daley, D 'Arco: de1 Valle, Demuzio, Thomas Dunn, Fawell, Hall, Holmberg, Jacobs, J.E. Joyce, J.J. Joyce: Kelly, Leehowicz, Marovitzz Netsch, Newhouse, O 'Daniel, Rea, Severns, Smith, Vadalabene: Weaver, Welch, Zito and Mr. President.

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

Senator Smith.

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

Senator Jones.

Senator Jones is not a Member of the affirmative roll call, I'm sorry ko say.

Senator Collins.

Senator Collins on the Floor? Senator Collins is in the back of khe Chaaber.

Senator Hall.

Senator Hall is in his seat.

Okay .

Senator Smith is in the Chamber. A1l right. The roll has been verified. On that question, there are 31 Ayes, 22 Naysz 40  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21: 1990 voting Present. House Bill 3019, having received the required constktutkonal majority, is declared passed. 3020. Senator Brookins. Read the bill, Madam Secretary, please.

House Bill 3220. (Secretary reads title of bill) 3rd Readin: of the bill.

Senator Brookins.

Thank you, Mr. President. House Bill 3020 will require a1l young folks under khe age of eighteen, while riding a motorcycle, to wear helmets, and it is limited to the City of Chicago only. I ask for affirmative vote.

Discussion? Senator Watson.

Thank you, Mr. President. Only to bring attention to the Members that this is the mandatory helmet legislation, and it does apply only to Chlcago. I -- I was a hyphenated co-sponsor of that amendment. I donlt know that I want to really put this type of mandate on the people of Chicago eitherz at this particular point, but at least we're out of it. But I just wanted -- we were rolling pretty quick there, and I just wanted people to realize what this legislation was. This is the mandatory helmet legislation. Thank you.

Further discussion? Senator Weaver.

Well, thank youz Mr. President. A good many years ago we enacted this legislation: and then a few years down the road we repealed it. It seems like we 're going through the same exercise 41  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I I 106th Legislative Day June 2l, 1990 i again. I've had my share of calls - pro and con - but I really thknk that the majority of khe people of the State of Illinois don't agree with this, and I would predict wedll be back in a couple of years to repeal it again.

Further discussion? Senator Raica.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise in support of this -- of House Bil1 3020. The other day when we discussed legislation and Senator Brookins stood up, and we tried to change it where it mandated everybody in the State -- the entire State of Illinois, there was a lot of opposition. And at that time it was mentioned that it was oriqinally from the City of Chicago and -- and really nobody had a problem with it, and right now it's back to the City of Chicago, and althouqh it's my feeling that it pertained to everybody in the State of Illinois, I guess being a paramedic I have to look at things just a little bit differently. The cost was brought up, and says it's not qoing to cost the State anything. Wellz Ladies and Gentlemen of the Senate, in the lon: runr it will cost the State. It's going to cost the State in lives, number one, and it's going to cost them in hospitalization and disability, because that's exactly what welre looking at here, because people -- when they -- they don't have a second chance on a motorcycle, and that one hit is the end. I think this is a good idea. It's strictly for *he City of Chicago. unfortunately, but I hope we can :et an Aye vote, and qet it out of here.

Purther discussion? Senator Barkhausen.

Well: Mr. President and Members, I haven't spoken on this issue before, but I feel very strongly about it. The issue on the 42  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21# 1990 other side by the opponents is -- is couched in terms cf individual riqhts to ride a motorcycle without a helmetz but think we ought to look with compassion upon these individuals Whom, as Senator Raica pointed out, can become -- can fall into the fatality statistics. I also think we ought to look at this issue in terms of the taxpayers. The Department of Rehabilitation Services circulated a -- circulated a flyer on our -- on our desks yesterday. I'm sorry I don't have it in front of me, but I was -- I Was overwhelmed well, I've just been -- I've just been given it, if I can digest it, but the -- tbe average cost of a motorcycle hospitalization is nearly twenty-six thousand dollars per person and has reached as high caring for one of these individuals over a lifetime - of four and a half million dollars. So for those of you who like to look at things in dollars and cents, why don't we look at this issue from the standpoint of the taxpayers paying the Medicaid bill for individuals who are without insurance who -- who very quickly run through thekr insurance when faced with the staggering medical costs in one of these instances. I I don't see Why this does not enter into our equation when we consider the cost and benefits of this particular issue. think it's outrageous that We don't impose this requirement throughout the State, and this is at least a small first step. END OF TAPE TAPE 2

Further discussion? Senator Fawell.

Question of the sponsor. 43 I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 PRESIDENT ROCK: Sponsor indicates he Wi1l yield, Senator Fawell. SENATOR TAWELL: My county, obviously, is right next to -- to Cook County and in Chicago. Whak happens if some of my people go into Chicaqo without -- wkthout wearing a helmet? hTe they still under this bill, or will they be exempt? PRESIDENT ROCK: Senator Brookins. SENATOR BROOKINS: Yes, Senator, your people would be under this bill, and they would qo to jail or be fined. PRESIDENT ROCK: Further discussion? Senator Davidson. SENATOR DAVIDSON: Question of the sponsor. PRESIDENT ROCK: Sponsor indicates he will yleld, Senator Davidson. SENATOR DAVIDSON: Sknce the Selate spoqsor and the House sponsor are standtng here side by sider I'd like to ask a question. Since we amended it to apply only to the City of Chicago, is the House sponsor going to concur in that amendment? PRESIDENT ROCK: Senator Brookins. SENATOR BROOKINS: He does not know yet. I cannot answer for him. PRESIDENT ROCK : Senator Davidson. SENATOR DAVIDSON: Which tells me very quickly, since he's never been bashful about saying his position on other things, Ehat I Ehink this is a 44  ! STATE 0F ILLINOIS I 86th GENERAL ASSEXBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 good No vote, because Wefll see this back, 'cause the House is going to refuse to concur in this amendment, and I'm sure *hat *he illustrious sponsor will probably want to recede from it, and then you'll have this little donnybrook right back in your laps, Ladies and Gentlemen. The best thing to do is to kill this sucker right now .

Further discussion? Senator Savickas.

Yes. Question of the sponsor.

Sponsor indicates he will yield, Senator Savickas.

Since this bill noW applies strictly to Chicaqo, doesn't Chicago have the ability and the authority to require this type of helmet lawr if they so desired, by ordinance?

Senator Brookins.

I would imagine so. I'm not too sure of that.

Senator Savickas.

Well. That's my point. If it only applies to Chicagor Why are we, then, preempting Chicago 's ability to deal with this problem, and saying just -- as a Statewide and state statutes -- instead of lettins Chicago deal with it?

Al1 right. Further discussion? Senator Lechowicz.

Parliamentary inquiry, Mr. President.

45 I  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 1990 State your point.

Does this bill affect home rule onlyz and how many votes will take to pass?

oo. tmachine cutoffl... Xes, Senator Lechowicz, this is an amendment to Chapter 95 l/2 - an amendment to the Illinois Motor Vehicle Code. There is no specific attempt to preempt, in any respect. The amendment to 'the Vehicle Code would be limited, is limited, by Amendment No. 1, to ltin cities with more than one million inhabitantsof' So, in the opinion of the Chair, it will take a constitutional majority, 30 votes, to pass this bill. Any further discussion? Further discussion? Senator Brookins may -- I$m sorry. Senator Berman, did you have your no. Senator Brookins, to close.

Thank you, Mr. President. Illinois is really only one of of three States in the -- in the nation that does not have a motor helmet law. We have proved - and it is a scientific fact that it will reduce -- it will reduce injury. It will reduce the cost to the State of Illinois, and I don't think that no one could have said it any better that Senator Barkhausenz in that in the end, we will be the ones that pay for this injury. I ask for a favorable vote.

Ouestion is, shall House Bill 3020 pass. Those in favor will vote Aye. Opposed, vote Nay, and the voting is open. Have a1l voted who wish? Have a1l voted Who wish? Have a11 voted who wish? Eave al1 voted who wksh? Take the record. On that question, there are 25 Ayes, 31 Nays, none votin: Present. House Bill 3020, having failed to receive the required constitutional majority, declared lost. 3024. Senator Savickas. Read the bill, 46  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2le 1990 Madam Seeretaryz please. Senator Hudson, for what purpose do you arise, sir?

Point of personal privilege.

State your point, sir.

Thank you, Mr. President and Members. Once again, we have a group in the President's Gallery fron Thonpson Jr. High School from Oswego, Illinois, and they are here under the guidance of their teaeher: Mr. Tom Pletcher.

Will our quests please rise and be recognized. Welcome to Springfield.

PRESIDING OFFICER: (SENATOR DEMUZIO) House Bills 3rd Reading is House Bill 3024, Madam Secretary. 3-0-2-4. Senator Savickas.

Yes. Mr. President, House Bill 3024, as amendedz would create the Local Government Financial Planning and Supervision Act. The amendment was intended to just trigger a conference committee. There is no substantive part of this bill. It Was intended to help out a couple of our communities in Illinois if they can put a program together, if they can get the ideas together, and I would just say: let's pass it out, send it over there, and if they can do somethinq, fine - if not, itfll probably d1e in conferenee committee. PRESIDING OFFICERZ (SENATOR DEMUZIO) Is there discussion? Question is, shall House Bill 3024 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a1l voted who Wish? Have a1l voted who Wish? Have a1l voted Who wish? Take the record. On that 47  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 question, the Ayes are 35, the Nays are 4, voting Present. House Bill 3024: having received the required constitutional majority, is declared passed. 3052. Senator Collins. I'm sorry. 3058. Senator Collins. 3089. Senator Barkhausen. Barkhausen. House Bills 3rd Reading is House Bill 3-0-8-9, Madam Secretary .

House Bill 3089. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OEFICER: (SENATOR DEMUZIO) Senator Barkhausen.

Mr. Presldent and Membersz this was in a -- a bill that was on the Aqreed Bill List until I took it off yesterday, because we weren't sure we needed it, but the Forest Preserve District says that they do. It authorizes a land swap of basically equal parcels and total aereage between the Lake County Forest Preserve District and a private landowner, and I ask for your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If notz the question is, shall House Bill 3089 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have all voted who Wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. House Bill 3089, having received the required constitutional majoriky, is declared passed. 3090 is on the Recall List. 3131. Senator Davidson. On the Order of House Bills 3rd Reading is House Bill 3131, Madam Secretary.

House Bill 3131. (Secretary reads title of bill) 3rd Reading of the bill. 48  STATE 0F ILLINOIS 86th GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2le 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson.

Mr. President and Members of the Senate, this was on an Agreed Bill List until we took off yesterday for the amendment, which was put on, which addressed a problem which has happened in Southern Illinois, and the amendment was put on by Senator Rea, and what it does is added the -- an arbitration factor for people who are landowners or a homeowner, and they have mine subsidence, and it the mine subsidence insurance would decide it wasn 't mine subsidence, then the property owner would have the opportunity to go to a khird-party arbitration board, and the loser of the arbitration would then pay for al1 the costs. There 's no cost to the State. I appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR DEMDZIO) Is there discussion? Senator Schuneman.

Question of the sponsor, Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he Will yield. Senator Schuneman.

Senator, I'm not sure I followed everythin: you said: but this -- this proposal had some questions in the Executive Committee. Is this a different bill?

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Davidson.

Entirely different bill. That's 3891.

Thank you.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? not, the question 1s# shall House Bill 49  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 3131 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 a11 voted Who wish? Take the record. On that question, the Ayes are 55, the Nays are 1, none voting Present. House Bill 3131, having received the required constitutional majority: is declared passed. 3136 is on the Recall List. 3149. Senator Jones. House Bills 3rd Reading, House Bill 3149, Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRY) House Bill 3149. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones.

Yeah. Thank you, Mr. President and Members of the Senate. House Bill 3139 Isiel contains the clean-up language for the Pharmacists Act as relate to discipline. hlso kt contains in there the Clinical Social Worker Third-party Payment Act. The issue has been thoroughly debated. I'd ask for a favorable vote.

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

Thank you, Mr. President. Just to point out to the Membership that this bill has been amended toy once more, include the attempt to mandate coveraqe for clinical social workers.

PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Jonesg you wish to close? Senator Jones.

Yeah. Thank you, Mr. President. Again, as I indicated yesterday, you can never get a correct answer or response from the 50  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT lû6kh Legislative Day June 2l, 1990 minority spokesperson on the Insurance Committee. It does not mandate anything. Al1 it says -- if you mandate the coverage, you must also include the clinical soeial workers. But this is the truth as relate to this bill, and I ask for a favorable vote.

PRESIDING OFPICER: (SENATOR DEMUZIO) Question is, shall House Bill 3149 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Have a11 voted who Wish? Take the record. On that question, the Ayes are 34z the Nays are 17, 1 voting Present. House Bill 3149, having received the required constitutional majority, is declared passed. Page l0. 316l's on the Recall List. 3164. Senator Netsch. 3164, Mr. Secretary, please.

ACTING SECRETARY: (MR. NADRY) House Bill 3164. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Netsch.

Thank you, Mr. President. House Bill 3164 is one of the two basic bills that is intended to reflect the summit agreement. This is the one part that I think everyone agrees and feels very stronqly should be enacted before we go home on June 30th. It is not in its final form. I -- I emphasize that. The bill has been amended so that will go back to the House for probable non-concurrence and end up in a conferenee committee. What this does is deal With the Local Government Health Care Fund to be created...

PRESIDING OFFICER: (SENATOR DEMUZIO) Pardon me, Senator Netsch.

51  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 ... to be...

PRESIDING OFFICER: (SENATOR DEMUZIO) Pardon me. Ladies and Gentlemen, can We have some order please? We have an extraordinarily lon: Calendar, and -- Senator Netsch.

Thank you, Mr. President. The Local Government Health Care Fund is to be created in the State Treasury as a recipient of local monies as well as State monies, with the idea being that we will maximize the amount of federal reimbursement for Medicaid that can possibly be received. Againz at the hearing that was held in Chicago by Senator Smith's committee, at every other forum, there is, I think, almoot unanimous agreement that this is an extremely important thing, that it needs to be done, and that we still need to do a little bit of work about its final form. So with that: I Would be happy to ansWer any questions. If not, would urge an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZTO) Is there discussion? Is there discussion? If not, the question is, should House -- should House Bill 3164 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question: the Ayes are 49, the Nays are 3, 1 voting Present. House Bill 3164, having received the required constitutional majority, is declared passed. 3167. Senator Fawell. House Bills 3rd Reading is House Bi1l 3167, Mr. Secretary . Would you read the bill?

ACTING SECRETARY: (MR. HAPRY) House Bill 3167. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFEICER: (SCNATOR DEMUZIO) 52  STATE OF ILLINOIS 86th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990 Senator Fawell. SENATOR FAWELL: Thank you very much. This is the inmate education incentive. It applies a 1.25 multiplier to good conduct credit earned by eligible inmates Who achieve educational goals set by the Illinois Department of Corrections. It requires no new programs or new funding. The program costs nothing. We already fund inmate education, costing about twenty million dollars a year. Thls would only give them an incentive as -- to those inmates who take the proqram seriously. I'd like to read something that the Supreme Court Justice has said. Says, ''The number of young functioning illiterates in our institution is appalling. Without these basic skillsz what chance does a person have in securing a gainful occupation When that person is released and begins to search for employment with a built-in handicap for criminal conviction?' All this does is -- is allows a prisoner to have good time, if indeed, he completes a course. I would be Willing to answer any questions, and I'd solicit your Aye vote. PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Hawkinson. SENATOR HAWKINSON: I would only point out to the -- the Membership that -- that this bill applying the 1.25 times good time will now be doubled because of the action that we took yesterday, if that becomes 1aw in doubling the meritorious good time, this would add another ninety days times the 1.25 factor. So for Ehose who were concerned about the bill yesterday, this will even magnify that fact. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Fawell, you may close. Oh# I'm sorry. Senator Karpiel. SENATOR KARPIEL: 53  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 Thank you, Mr. President. Well, I'm just standing in support of this bill. The bill that was passed out yesterday for meritorious good time ls, you know, was tied to nothing. We weren't going to be requirin: the inmates to do really anythin: at a1l for that good time, just be -- just to -- we were passing that bill for the obvious reason that we have overcrowded prisons, and ik's a way of Erying to get more inmates in our prisons, and at the same time lettin: some out early. This bill, at least, is tied to something. Wefre asking them to do something, to learn something ehat might reduce recidivism, which might be to their benefik, which would be to the community's benefit - perhaps give them a way of getting a job when they do get out. I mean, at least this is tied to Eome positive concrete good, and t sugqest that this is a much better way to go than We -- than the bill we passed yesterday, and I would support this bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Further discussiony in this order. Etheredge, Dudycz and Geo-Karis. Senator Etheredge.

Thank youz Mr. President, Ladies and Gentlemen of the Senate. I rise on a point of personal privilege. I Would like the record to show that I intended to vote Yes on House Bill 3149, but unfortunately punched the wrong button.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, the record will so reflect. Purther discussion? senator -- how'd I call it? Senator Dudycz.

Thank you, Mr. President. Just a question of the sponsor regarding Senator Hawkinson's comments. That raised the red flagr which, to me, senaeor Fakell, could you please explain the good-conduct eredits in a little bik more detail?

PRESIDING OFFICER: (SENATOR DEMUZIO) 54  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1:6th Legislatïve Day June 2l, 1990 Al1 riqht. Senator Eawell.

Thank you for asking that question. Let me tell you first of a11 there are several people that are exempt under this whole thing, and will not receive any credit. Those are anyone who is convicted of first degree murder: second degree murder or a Class X felony. And this is a one-shot deal. They get one bite of the apple. If it doesn't take, they cannot come back then, the second time and say, ''Geey I'd like to go to school again, and get good time.'' This is only a one-time shot. It is called -- it is and they have to complete the class, and they have to be able to -- they have to be in attendance, and pass every week.

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

Wellz Senator, how about a robber? I know -- not the armed robber. How about somebody who eommits a robbery, combining what happened yesterday With What -- What's happening today, are -- are we going to give any -- any prison time to any of these felons or are we just going to be slapping hlm on the wrisk and say, 'Go through the front door and come on out the back door.'' think wedre sending the absolute wrong message out there, and I think it's going to haunt this Body. Wbat we are doing is we are giving good time to people who have done some bad things, and I think that -- we're sending a Ressage to the Judiciary, wefre sending a message to the law enforeement community, that we're soft on crime. I don't care what you sayz Senator - I mean, I'm getting a little upset with what's happenin: in this Body. We're getting -- wedre giving every opportunity for these convicted felons Eo get out of the penitentiary. That's a Wrong thing - what we're doing, and it's goin: to come back and haunt us in the future.

PRESIDING OFFICER: (SENATOR DEMUZTO) 55  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Further discussion? Senator Geo-Karis.

Mr. President, Ladies and Gentlemen of the Senate. I usually agree with my colleague, Senator Dudycz, but in this case, first of all, inmates with a prior felony conviction for which they are inearcerated in the Department of Corrections, do not have eligibility for this program, and secondly, this applies to first-time offenders, and thirdly, as the Senator said earlier, no Class X offenses and no murder case -- no -- no murder offenders are included in this. I think this is a better bill than the one that was there yesterday, and I support it.

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

Thank you very much. First of ally I -- you have to understand that if he doesn't get any good time: he will -- this will not kick in. It's a -- it's multiplication. It's one-fourth more of his good time that he has earned - that he has earned. It doesn't take in that -- that time when we were shoving them out the door. The American Bar Association in 1976 endorsed this concept. The regional superintendents endorse The Department of Corrections endorses it, and now I think this is a much better way to go than frankly we did yesterday. didn't vote for one of those bills yesterday, because I think that is sending a bad messaqe. Just to end up, it says - and agaln, I'm quoting the Supreme Court of the United States just as good behavior credit is now allowed to reduce sentencing, we should allow credit on sentences for those Who cooperate. We should help khem ko learn their way out of prlson. I Would solicit an Aye vote.

PRESIDING OFPICER: (SENATOR DEMUZIO) 56  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Question is, shall House Bill 3167 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 34, the Nays are l9g voting Present. House Bill 3167, havinq received the required constitutional majority, is declared passed. Senator Carroll, do you want to handle this next bill on all rlght. House Bills 3rd Reading is House Bill 3168, Madam Secretary -- Mr. Secretary .

ACTING SECRETARY: (MR. HARRY) House Bill 3168. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) With leave of the Body, Senator Carroll will handle Senator Carroll.

Why, thank you, Mr. President and Ladies and Gentlemen of the Senate. This is the ordinary and contingent expenses for the Office of the State's Attorneys Appellate Prosecutor Commission. It is within the Senate bipartisan guidelines reducing operations and allowing, however, for the increase in rent at the Elgin office. I Would ask for a favorable roll call.

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

Question of the sponsor, please. Senator, it's my understanding that - having once served on the Appellate Prosecutor's Commission - that one-third of their fundinq comes from the State, and two-thirds from the -- comes from the county conEributions, and that the deletions that we made will have -- be magnified three times in their budget. Has that been correeted by 57  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 amendment or reduced? know I had some conversations last evening.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President. Senator Hawkinson, I don't know what time last evening - as to the validity of the conversation. It's two-thirds State, one-third county. Butz howevery either way. It doesndt matter. Qhey were under the mistaken impression that our plan allowed growth of 3.2 percent, instead of reduction of 3.2 percent. Secondly, no, we did not bring down the eounty line. That doesn't matter. It's a matehy but we didn't double hit them. In other words, if they had three million, two of which was State and one was eounty, we deducted 3.2 from the two million. Okay? Thank you.

PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? If not, the question is, shall House Bill 3168 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 a11 voted who wish? Take the record. On that question, the Ayes are 57, the Nays are none, none voting Present. House Bill 3168, having received the required constitutional majority, is declared passed. 3197's on the Recall List. 3202. Senator Dunn. On the Order of House Bills 3rd Reading is House Bill 3202, Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRY) House Bill 3202. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Thomas Dunn.

58  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2ly 1990 Thank you: Mr. President. This permits an urban sanitary district with a population of less than thirty thousand, in Lake County only, to dissolve.

PRESIDING OEFICER: (SENATOR DEMDZIO) Is there discussion? If -- Senator Geo-Karis.

Will the sponsor yield for a question? PRESIDING OFFICER) (SENATOR DEMUZIO) Sponsor indicates he will yield. Senator Geo-Karis.

You mentioned that this relates only to Lake County. You pre always having a fit when I have anything to do with Will County. Why did you take this bill?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn.

Because it included my county as well, at the time.

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

But it does not include your county now, does it?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn.

Correct.

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

Mr. President and Ladies and Gentlemen of the Senate. I'm opposing this bill. This is some special legislation to benefie a feW in Lake County, and therefore, I respectfully ask for a vote -- a No vote on this. 59  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990

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

I'm glad my colleague from Lake knows at least something about this bill. I don't know anything about Question of the sPOnSOr.

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he Will yield. Senator Barkhausen.

Who wants thls Senator Dunn, and Who opposes it?

PRESIDING OFFICER: (SCNATOR DEMUZIO) Senator Dunn.

Mr. Dwight A. Magalisz Who is the County Administrator for the County of Lake. I believe he's your administrator.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen. Senator -- further discussion? Senator Hudson.

Would the sponsor yield?

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

Tom, I think you indicated to me that counties such as Dupage Would not be affeeted by this. Is that correct?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn.

Yes, sir. That's eorrect.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hudson.

60  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 Due to iEs population -- due to the population of the county and also the size of the sanitary district itself.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn.

As well as my intent.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further -- Senator Hudson.

In the case, for example, of the Hinsdale Sanitary District or the Naperville Sanitary Districtz this Would not affect them?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn.

Correct.

PRESIDING OFFICER: (OFFICER DEMUZIO) Further discussion? Senator Dunn may close.

A Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall House Bill 3202 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 all voted who Wish? Have a1l -- have a1l voted Who wish? Take the record. On thak question, the Ayes are 30, the Nays are 23, 1 voting Present. House Bil1 3202, having received the required constitutional majority, is declared passed. Senator Geo-Karis, for what purpose do you arise? Senator Geo-Karis.

I would like verification, please.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-Karis wishes to have the affirmative vote 61  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 verified. Al1 Members Will be in their seats. Mr. Secretary, read those who voted in the affirmative.

ACTING SECRETARY: (MR. HAKRY) The following voted in the affirmative: Alexander, Berman, Brookins: Carroll, Collins, Daley, Davidson, de1 Valle, Demuzio, Thomas Dunn, Hall, Hudson, Jacobs, Jones, J.E. Joyce, J.J . Joyce, Lechowicz, Luft, Netschr Newhousez O'Daniel, Rea, Schaffer, Severns, Smith, Topinkaz Vadalabene, Welchr Zito and Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-Karis, do you question the presence of any Member who voted in the affirmative?

Jeremiah Joyce.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce on the Floor? Is Senator Jeremiah Joyce on the Floor? He's right behind the Podiun, Senator. Senator Geo-Karis.

Senator Alexander.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Alexander on the Floor? Back of the Chamber.

Senator Jacobs.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs on the Floor? Oh, hels talking With Senator Macdonald. Senator Geo-Karis, do you question the presence of any...

Yes. Hold on a minute. guess thatls it.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. On that question, the Ayes are 30, the -- the Ayes are 30, the Nays are 23, l voting Present on a verified roll call. 62  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 106th Legislative Day June 21, 1990 House Bill 3202, having received the required constitutional majority, is declared passed. 3220. Senator Rock. House Bills 3rd Reading is House Bill 3220.

ACTING SECRETARY: (MR. HARRY) House Bi1l 3220. (Secretary reads title of bill) It's the 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bi1l 3220 is an amendment to the Civil Procedure Act, and deals with the subject of garnishment. As I1m sure most are aware, perhaps not aware, there was a case in the district court arising out of Edgar County, wherein the judge lase November declared the Illinois Statute unconstitutional - as not being in line with the federal due process guidelines. A11 3220 does is introduce into the garnishment procedure those due process quidelines of notice to the debtor, the opportunity to be heard. Essentially, that's it. It's a required notice to the judgment debtor of the post-judgment wage garnishment proceeding, an opportunity for a hearing and the -- the information to the debtor that he or she, in fact, does have that right to a hearing. know of no objection. It's an attenpt on our part to render due process in terms of this utilized -- much-utilized procedure, and I would solicit your Aye vote.

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

Question of the sponsor.

PRESIDING OFFICER: (SENATOR DEMUZTO) Indicates he will yield. Senator Welch. 63  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

Senator Rock, does your bill require the employer to give a copy of the filled-in answers to the interroqatories on a Wage qarnishment, as well as the attorney for the judqment creditor sending a copy of the same document to the debtor?

PRESIDIXG OFFICER: (SENATOR DEMUZIO) Senator Rock.

Yes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Was that required by a federal lawsuit, or -- or why is there the double notiee there?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

It is it is, as I understand ity felt to be more in line with the federal due process requirement, and we're just tryin: to insure the fact that we are -- that We are -- in line, constitutionally.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, the question 1se shall House Bill 3220 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 al1 voted who wish? Take the record. On that question, the Ayes are 58, the Nays are nonez none votin: Present. House Bill 3220, having received the required constitutional majority, is declared passed. 3272. Senator Hall. On the Order of -- all right. 3273. Senator Rock. House Bills 3rd Reading, House Bill 3273, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) 64  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 House Bill 3273. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the annual appropriation for the Office of the State Board of Education; the annual appropriation for the Common School Fund; the Distributive Aid Pormula, and for the categorical grants. House Bill 3273 will appropriate, with the full expectation of being spent, in excess of four billion dollars, and I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the questlon 1s, shall House Bill 3273 pass. Those in favor will vote Aye. Those opposedy Nay. The voting is open. Have al1 voted Who Wish? Have al1 voted who wlsh? Have all voted who wish? Take the record. On that question, the Ayes are 59, the Nays are none, none voting Present. House Bill 3273, having reeeived khe required constitutional majority, is declared passed. 3288. 3290. On the Order of House Bills 3rd Reading is House Bill 3290, Mr. Secretary, please.

ACTING SECRETARY: (MR. NANRY) House Bill 3290. (Secretary reads tttle of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Kelly.

Thank you, Mr. President and Members of the Senate. There's two provisàons to this bill. Tho first portion added the language 65  STATE 0F ILLINOIS 86th GENERKL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2l, 1990 to the School Code clarlfying that the school districts and their employees may reach agreement reqarding dental benefit coverage. The second provision is a Senate amendment offered by Senator Jacobs, which added language of a bill the Senate passed last year - with bipartisan support, I might add. But it was never heard in the House. This addressed the issue of a notice to those nonteaching school employees in instances of their dismissal. Presently a secretary or a custodian can be disnissed at any time. House Bill 3290, as amended, requires that when such an employee is dismissed: the school district must give them the reason for dismissal. Other than that, I ask for your support: and be glad to answer any questions you night have.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in opposition to this bill. Let me tell you what it me tell you what it does. This is -- in essence beeomes a -- a tenure bill for the nonteaching staff of our various school distrtcts. Ir there is one comment that I hear over and over again from my constituents and I would assume that your constituents are no dlfferent from mine is that one of the things that we could do to improve our schools - would -- qet rid of teacher tenure. I hear that over and over again. I hear that comment almost as often as I hear the question, ''What ever happened to that money that goes Eo khe Nchools, that is generated by the Lottery?'' What we're doing here is going in exactly the wrong direction from Ehat whieh our constituents Want us to go . Our constituency does not Want to extend tenure provisions to nonteachin: personnel. I strongly urge you to vote No on khis bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) 66  STATE OF ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Further discussion? Senator Maltland.

Thank you very much: Mr. President, Members of the Senate. Senaeor Xellyy I too rise in opposition to House Bill 3290. And think perhaps it was before you joined the Senate, bu* back a number of years aqo: a :ood friend of mine who sat on that side of the aisle, Senator Terry Bruce, and I used to argue issues like this from time to time, and Terry told me one day, he said, ''You know, John, if -- if the Legislature will address the issue of collective bargaininq -- mandatory collective bargaining, pass it, have it signed by the Governor, we shall never come back again for issues like this, because these are issues that should be negotiated locally.'' And you know, I've thouqht about that over the years. really thought - although I voted against mandatory collective bargaining - I thouçht, you knowz the one good thing about mandatory collective bargaininq, we won't have to deal with these issues that ought to be dealt with locally. You know what's happened, Senator Kelly? Time and time and time again, we come back with issues like this that ought to be dealt with locally. That's tbe good part about collective bargaining. And we?re ignoring that. Two or three years ago, I shared the superintendent's task force on mandates. And We talked about things like this. The IEA, through their president, Lee Betkerman' was on that task force, and we issued, as one of our recommendations - jointly, a1l of us together agreed - that the Leglslature should not be overly prescriptlve with mandates. Mandates aren't all bad. There are some good ones. But we ought not be overly prescriptive. This is in direct contrast -- in conflict With what we talked about. I think this is the Wrong way to qo and we ought to defeat House Bill 3290.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l riqhk. Further discussion?. Senator Jacobs. 67  STATE 0F ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21# 1990

Thank you, Mr. President. sort of have to chuckle a little bit, I guess, because we keep talking about once collective bargaining was passed, that no one's going to be coming back. Well that's got to be a two-way street. because it sure as heck happens that the school boards, they come down and they want some things, too. But, noe -- reqardless of thate there's a couple things that I think we should talk about in this bill. Number one, for those of you who may have a concern, this bill does not affect Chicago. And number two, whenever youpre talking about tenure -- if this bill really covered tenure, I would probably be standing alongside of you and saying no to -- to -- to this bill. But this does not expand tenure. And ln fact. all we're asking wikh this amendment is to do something very simple, and that's to give to the very lowest paid employee of a school district the same rights that the educators have, and the administrators have. That I see nothing unfair abouk that. I think it is something that is fair. And I think it's somethinq that *e should pass. And, you knowy as far as the rest of the bill - progressive discipline, and just causez a1l wedre saying in the just cause provision is you have to give somebody a reason Why you're firing them . Nok that's not too much to ask, and thatls really a1l this amendment does, and I ask for your support.

PRESIDING OFFICER: (SENATOR DEMDZIO) Purther discussion? Senator Philip. SENATOR PHILIP; Thank you, Mr. President, Ladies and Gentlemen of the Benate. You know, quite frankly, what we ought to do is abolish tenure for teachers. All you do is protect lousy, rotten teachers and lousy employees. If you're a good teacher or a good employee, you're going to be there. You know why? Because you lre needed, loved and respected. To think that we're going to extend this is 68  STATE OP TLLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 absolutely unbelievable. If that that's the Worst idea Idve heard the whole darn Session. We ought to say no.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Kelly may close. I beg your pardon. Senator Schuneman.

Thank you, Mr. President. Question of the sponsor, if he'll yield? Did -- did I understand one of the speakers to say that this bill does not apply to Chicago? Is that correct?

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Kelly.

Yes. That is correct. This does not apply to Chieago . This is for downstate only.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Schuneman.

Wellr does -- do nonprofessional people in Chicago have this right now? Are they tenured?

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Relly.

Yeah. Iîm -- I'm not really sure at this point. I can't give you a clear answer. I know it doesn't apply eo Chicaqo. Maybe someone else has an answer: what the current requirements are and the provisions are. I don't know.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schuneman.

Thank you. Well I -- I'd simply like to make the point then that if this is a decision that only affects downstate, would ask those leglslators from Chicago to possibly let us make the 69  STATE 0F TLLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 decision. If it's not going to affect you, you know , think the proper vote is -- is a Present vote here, rather than for you to be making a decision as to how we dre going to run our schools in downstate. So, I know you have the right to vote, but I think it would be interesting lf you didn't vote.

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

think Senator Schuneman is probably riqht. Maybe -- maybe the best vote would be a Present vote, but as a Chicago leqislator who may not be voting Presenk. I -- I want to understand this. This legislates a thirty-day just cause provision. Would you just -- and I apologize - I'm sure you explained it before - would you just explain what that 'just cause''provision Would be for, and why it's necessary?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Kelly.

All ri:ht. Senator Marovitz, the just elause qsic> is not defined, to allow necessary flexibility in eaeh school district. What it does is it simply requires a school district to give the legitimate reason for dismissal.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- further discussion? Senator Raica.

Thank you: Mr. President. Senator Kelly, I have a question for you.

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

Dick, does this affect suburban Cook County?

PRESIDING OFFICER: (SENATOR DEMUZIO) 70  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 106th Leqislative Day June 1990 Senator Kelly. SENATOR KELLYZ Yes. It would definitely apply to suburban: to your distrlct. Yesr ik would.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further diseussion? If not: Senator Kelly may close.

Thank youy Mr. President. I just Wank to mention this has nothin: to do with tenure. We talked about A1l we are asking for is simple justice, if education support personnel party gets dismissed on a job, they ought to know why. And that's a11 it does. IId ask for your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall House Bill 3290 pass. Those in favor wi11 vote Aye. Those opposed, Nay. The voting às open. Have a11 voted who Wish? Have a11 voted who wish? Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Have a11 voted wbo wish? Take the record. On that questionw the Ayes are 3S, the Nays are 20, 2 voting Present. House Bill 3290, having received the required constitutional majority, is declared passed. 3310. Senator Fawell. House Bills 3rd Reading is House Bill 3310, Mr. Secretary.

ACTING SECRETARY: (MR. MAKRY) House Bill 3310. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator FaWell.

Thank you very much. This bill is the Forest Preserve Act. When -- when this Act was passed many years ago. the Legislature establishinq a budgeting process that followed the one used by the 71  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21r 1990 cities and the vlllages. Last year the Legislature amended the Forest Preserve Act to allow forest preserve districts to follow either khe processes used by the cities and villages or the processes used by the the park districtsk Now, because the forest preserve districts have this optiop, the phrase, quote, ''shall be levied in the same manner as cities and villagesy'' unquote is obsolete. This bill clarifies and eliminates any confusion that may exist because of the anendments to this Act, which was approved last year. It also gives the Dupage Porest Preserve Police the police power just Within the confines of the forest preserve land if khey have an easement, own or rent the land. they go outside the forest preserve land, then they can only act in aid of a regular poliee force or the sheriff. It also has a clean-up amendment for the fire districts, and I would -- sollcit your Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, p..lmachine cutoffl... shall House Bill 3310 pass. Those in favor Will voke Aye. Those opposed, Nay. The voting is open. Have a1l voted who Wish? Have al1 vote; who wish? Have a11 voted who Wish? Take the record. On that question, the Ayes are 5l, the Nays are none, l voting Present. House Bill 3310, having received the required constitukional majority, is declared passed. Bottom of Page 10 is Senate Bil1 I'm sorry -- House Bill 3318. Senator Marovàtz. Senator Smith. 3318. On the Order of House Bills 3rd Reading is House Bill 3318: Mr. Secretary.

ACTING SECRETARX: (MR. HARRX) House Bill 3318. (Secretary reads kitle of bi1l) 3rd Reading of the bill.

PRESIDINC OPFICER: (SZNATOR DEMUZIO) Senator Smith. 72  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2le 1990

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'd like to preface by saying that I kill explain the first two provisions of the bill, and then I shall turn it over to Senator Berman and Senator Luft. House Bill 3318, as amended, requires the Department of Public Aid to consider the special winter clothing needs of school-age children, when devising standards for grant assistance; and number two, it requires the Departmen: of Publie Aid to negotiate a written agreement with the Department of Correetions to implement procedures for pre-release applications and expeditious processing of requests for public assistanee filed by persons scheduled for release from State penal facilities. Each qualified applicant shall receive an assistant checked or an emergency assistance grant Within ten days of release. Senator Berman.

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

Thank you, Mr. President. Do we not have the explanation of the other two amendments?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator -- Senator Smith. Senator Smith. SENATOR SMITH; I1d ask for the adoption of these two amendments, if may.

PRESIDING OPFICER: (SENATOR DEMUZIO) No. We -- we've already adopted the amendments. We are on 3rd Reading.

OkaY *

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Luft.

73  STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Thank you, Mr. President. To satisfy Senator Donahue's concern, 1'11 try ko explain one of the amendments that I believe that I had on there. It required the Department of Public Aid to furnish dental and eye services to Medicaid recipients who are participating - and only participating - in education training or employment programs, sueh as Project Chance.

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

Thank you. Also in response to Senator Donahue, I Will explaln the amendment vhieh deals with what is called spousal impoverishment. This bill -- thls amendment, which ts now in this bill, codifies khe regulation which the Departmenk of Public Aid has promulgated to allow the maximum allowance for spouses to -- to maintain when the other spouse is admitted to a nursing home and subject to the Medicaid rules -- Medicare rules. Be glad to respond to any questions regarding that specific amendment.

PRESIDING OFFICER: (SEKATOR DEMUZIO) Further discussion? Senator Donahue.

Thank you, Mr. Chairman, and I thank -- or President, thank all of you for the explanation, but that's What the Senator had said earlier, that you were going to do that. I didn't want to jump in. I rise in opposition to this bill. I know it's a tough one, but in many respects, folks - and I hope you dre listening, especlally our side of *he aisle - thaE mosE of thls is being done already. What Senator Berman referred to is beinq done now. What the two amendments that Senator Smith referred to is being done now. So I would hope that We could oppose this. The last amendment that nobody did talk abouk deals with a -- an immediate effective date, which affects the budqet we dre talking about right nows too. So I hope we could vote No. 74  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 PRESIDING OPFICERI (SENATOR DEMDZIO) Further discussion? Senator Berman.

Thank you, Mr. President. I rise on the bill, rather that an explanation. I strongly urge an Aye vote on this bill. Let me address specifically the issue of spousal impoverishment. Just to qive you a short history. The Federal Governnente which calls al1 the shots on this, allowed a state to set certain parameters between mtnimums and maximums. The Departmenk of Public Aid promulgated a rule that set a minimum level. Now what that meant is that if if -- if youdre marrled and your spouse has to go into a nursing home, in order to qualify for Medicare, a11 that you - the healthy spouse - could keep was at a level of kwelve thousand dollars of assets and a certain level -- ninimum level of income. The senior community, and thak means not only seniors, buk people in support of seniors, rose up and demanded that Illinois be responsive to the needs of seniors, and adopt not tbe minimum level of subsistence, but the maximum level, and the Department of Public Aid rescinded the minimum level regulation and promulgated -- in response to this overwhelming outrage: adopted the maximum level. The reason for this amendment, Ladies and Gentlemen: is so that we, the General Assembly, and the Senate in particular, reaffirm what the Department has done, and that is to be responsive to the needs of seniors and say: ''Yes, Department, we don't want a later department regulation to undermine what you, in your good judgment, are doing today, and ke Want to embody that in statutory language, and that is maximum allowance of assets and income for the non-ill spouse.'' This is number one on the seniorsl wish list, demand lisk, voter list of this bill, in this Session. Spousal impoverishment is the hottest issue. I strongly suggest: if you expect to get any favorable reaction from your senlors, and the children of those seniors,  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 106th Legislative Day June 21, 1990 this is a bill you must vote Aye on. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR DCMUZIO) Further discussion? Senator Smithy do you wish to close? Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen, I merely...

PRESIDING OFFICER: (SENATQR DEMUZIO) beg your pardon. Hold on, hold on, hold on -- pardon me. Further discussion? Senator Maitland. Maitland.

Thank you very much, Mr. President, Members of the Senate. It is always difficult to oppose what seem to be very worthy causes, Senator Smith. You -- you know hoW difficult it has been for a11 of us to deal with the budget issue this spring. Xou and have talked, as others have talkedz about trying to make -- trying to make the IREAPP Program , that we passed last year, work and be funded properly. We still are persisting in that effort. For the most part, this is a new program brings with it an eight-million-dollar fiscal cost in PY'91, and more difficult for us to deal with in the fukure becomes *he issue of indexing where we have automatic escalation -- will just take us completely out of control with absolutely no guidelinesy and I would urge the Body, at this point at least: to oppose House Bill 3318.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Further diseussion? If noty Senator Smith may close.

Thank you, Mr. President and Ladies and Gentlemen. To our colleague, Senator Maitland, I1d like to say that there is no increase here in this particular legislation. It's already in the budget, and all you have to do is exercise it. That's merely all. There is no increase at all. Here it is here. The Department -- 76  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 and may a11 I say then, just a favorable vote, please.

PRESIDING OFPICER: (SENATOR DEMUZIO) Question is, shall House Bill 3318 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 30, the Nays are 23, none voting Present. House Bill 3318, having received the required constitutional majority, is declared passed. Senator Maitland, for what purpose do you rise?

Thank you, Mr. President. A verification of the affirmative vote.

PRESIDING OFPICER: (SENATOR DEMUZIO) Al1 right. Senator Maitland has requested a verification of the roll call. Will all Menbers be in their seats. The Secretary will read those names of ehe Members who voted in *he affirmative.

ACTING SECRETARY: (MR. HAQRY) The following voted in the affirmative: Alexander, Berman, Brookkns, Collins, Daley, D 'Arco, de1 Valle, Demuzio, Dudycz, Thomas Dunn, Hall, Holmberg, Jacobs, Jones, J.E. Joyce, J.J. Joyce, Kellyz Lechowicz: Luft, Marovitz, Netsch, Raica, Rea, Severns, Smith, Topinkay Vadalabene, Welchz Zito and Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland, do you question the presence of any Member who voted ln the affirmative? Senator Maitland.

Senator Topinka.

PRESIDING OFPICZR: (SENATOR DEMUZIO) Senator Topinka on the Floor? Senator Topinka on the Floor? Strike her name.

77  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Senator Marovitz.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz is at the back of the Chamber.

That's all, Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. On the verified roll call, khe Ayes are 29, the Nays are 23. Senator Smith.

I'd like to place it on postponed consideration, please.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Postponed consideration. Page 1l. 3335's on the Recall List. 3326 is on the Recall List. 3320 IIm sorry. 3330. Senator del Valle. On the Order of House Bills 3rd Reading is House Bill 3-3-3-0, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3330. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER) (SENATOR DEMUZIO) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. House Bill 3330, as amendeds allows khe Illinois Department of Public Hea1th to develop one or more pilot projects requiring home visitations and other services for pregnant women, new mothers and infants. The bill also allows *he Department to seek out alternative methods of funding the pilot projects.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall House Bill 3330 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who Wish? Have al1 78  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 186th Legkslative Day June 21z 1990 voted who wish? Have a11 voted Who wish? Have all voted who wisb? Take the record. On that question, the Ayes are 55# the Nays are 4, none voting Present. House Bill 3330, having received the required constitutional majorityy is declared passed. 3337's on the Recall List. 3386 is on the Recall List. 3394. Carroll. 3394. 3397. Senator Brookins. Brookins. 3397. Mr. Seeretary, read the bill.

ACTING SECRETARX: (MR. NANRX) House Bill 3397. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Brookins.

Thank you, Mr. President. This is the CTA bill, and what it does is it allows them to facilitate causes <sic> of ten thousand dollars or over. It -- Authority may also provide for competition, negotiation or the prequalifications of responsible bidders. It prohibits persons from eatin: and drinking on CTA facilities also.

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

I just rise in support of the legislation. The reason wedre changing these numbers is they were set in 1974: and it's just not realistic, and this does make frankly, much more cost-efficient for the CTA to operate. For that reason, would rise in support of legislation.

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

Thank you, Mr. President and Members of the Senate. I rise in 79  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 support of the bill, and I'm particularly interested, and Would call my colleagues' on this side of the aisle's attention to the part on negotlated bidding procedures. The fact of the matter is that under current conditions. it is very difficult for the CTA to let out a bid and to expeet an Amerkcan eompany to wind up with it, given offshore competition. There is at least one company that would llke to build cars and sell those cars to the CTA, and they build those with Illinoisans riqht in LaGrange, Illinois, but that's not golnq to happen until or unless METRA is allowed to do a negotiated bid procedure for the CTA in order to allow an American company a fair shake at this particular bid, and rise on this bill because I'm confident that with METRA doing the negotiating for the CTA, itdll be done fairly and most importantly - the end result Will be puttin: more Illinoisans to work. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR LZFT) Further discussion? Senator Brookinse you wish to close? Senator Brookins.

Roll call.

PRESIDING OFFICER: (SENATOR LUFT) A1l right. The question is, shall House Bill 3397 pass. Those in favor Will vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record, pleasez Mr. Secretary. On that question, the Ayes are 59, the Nays are none, none voting Presenk. House Bill 3397, having received the required constitutional majority, is declared passed. On the Order of 3rd Readin: is House Bill 3406. Senator Jacobs. Read the bill, pleasez Mr. Secretary.

ACTING SECRETARY: (MR. NANRY) House Bill 3406. 80  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

PRESIDING OFPICER: (SENATOR LUFT) Senator Jacobs.

Thank you, Mr. Fresident, Ladies and Centlemen of the Senake.

PRESIDING OFFICER: (SENATOR LUFT) Senator Jacobs. Senator Jacobs. Excuse me one minute.

Beg your pardon? ...lmachine cutoffl...

PRESIDING OFPICER: (SENATOR LUFT) It's a recall. Read the bill, please, Mr. Secretary.

ACTING SECRETARY: (MR. RARRY) Eouse Bill 3406. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LUFT) Senator Jacobs.

Thank you, Mr. Presidente Ladies and Gentlemen of the Senate. This bill originally started out as the -- allowinq a summons to be given by certified mail: and since that time has been amended by three times, and the amendments allow that CREDA Bonds be exempt from taxation, rather than at the discretion of the Authority, which is now the ease. That's needed in order to comply with Chapman & Cutler's recommendations. Amendment No. 2 allows for continued eoverage for firefighters for their insurance benefits if they pay for the coverage, and Amendmenk No. 3 does khe same thing for IMRF employees: and in both cases they -- they have to continue paying for it, and be happy to answer any questions. Otherwise I ask for an Aye vote.

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

81  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Thank you -- thank you, Mr. President. Question of the SPOnS0r.

PRESIDING OFFICCR: (SENATOR LUFT) The sponsor indicates he'll yield, Senator.

Senator Jacobs, is there any extra cost assockated with continuation of these benefits for retired personnel, or are they paying the average cost that the regular employees?

PRESIDING OPPICZR: (SENATOR LUFT) Senator Jacobs.

It is my understandkng that they pay the freight for what -- what it costs to keep them on there. Now think we would be remiss is we would not admit at least that -- Ilm sure that there may be some increased cost - minor cost - to the entire program y by the fact that you 're keeping people on that are a year and a half extra. In the case of the -- I mean, the case of the AFSCME or the -- the IMRF employees, they are over at sixty-five, so they shouldn't probably have too much of an effect on thate and :he firefighters already have it in their provisions. So...

PRESIDING OFFICER: (SENATOR LUFT) Senator Weaver.

Well I -- I know many munieipalities are concerned about the additional cost, and even the availability of getting coverage for their employees, as well as their retlrees. Beeause of the extra cost, is this going to affect the municipalities' ability to -- to obtain coverage?

PRESIDING OFFICER: (SENATOR LUFT) Senator Jacobs.

Without having a crystal ball, I kould say nor but I -- I have 82  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2lr 1990 no way of quaranteeinç that -- no more than I would be to say that they're going to be able to earry the same coveragey you know, for their employees now. I -- my best guess would be that they should not have any problem finding availability, and I don't see any tremendous increased coste if any at all.

PRESIDING OPPICER: (SENATOR LUFT) Senator Weaver.

Welle speaking to thè bill, I -- I guess it's the concern of the munieipalities that the extra cost is not a mandated cost, and theyfre going -- the taxpayers are going to end up paying for it, and it was my understandin: that the participants would not be paying anything over and above that which ordinary employees would be payinq, whieh -- and by the fact that their rates are going up, w1ll affect noe only the rates of -- of the employees, but the rates paid by the retirees. So I'm -- I know the municipalities have concern about tbis.

PRESIDING OPPICER: (SENATQR LUFT) Purther discussion? Senator DeAngelis. SENATOR DeANGELIS) Thank you, Mr. President. Question of the sponsor.

PRESIDING OPFICER: (SENATOR LUPT) Sponsor indicates hefll yield. SENATOR DeANGCLIS: Senator -- Senator Jacobs, We are a1l very much in favor eo insure that retired people get adequate coverage, but 1et me ask you a queskion. Youfre suggesting, with this bill, or mandatin: with this bill: that the existin: coverage stay in effect, even when there is a Medicare poliey in effect.

PRESIDING OFFICER: (SENATOR LUPT) Senator Jacobs.

83  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 For the IMRP employees, no. The IMRF employees - when they beecme eligible for Medàcaid or Medicare, they no lonqer can provide that -- that coverage. What it does do, takes care of those people - as an example - that may retire for -- from IMRP at sixty-tWo. The federal 1aW picks them up to sixty-three and a halfz and then they are Without insurance from the time they are sixky-three and a half till theylre sixty-five. This allows them to continue by paying on from the time they are sixty-three and a half until theydre sixty-five.

PRESIDING OFFICER: (SENATOR LUFT) Senator DeAngelis. SENATOR DeANCELIS: Well, was Amendment No. 2 stricken off the bill?

PRESIDING OFPICER: (SENATOR LOFT) Senator Jacobs.

That was the IMRF. NoW the the firefighters already can do that. Okay?

PRESIDING OFFICER: (SENATOR LUFT) Senator DeAngelis. SENATOR DeANCELIS: I'm sorry: Mr. President. I didnlt hear that last...

PRESIDING OFPICER: (SENATOR LUFT) Senator Jacobs.

It's my understandinq, and I -- that the firefighters can already do that. What -- the problem that you have with the fkrefighters, kt's a dkfferent situatton. Many fkrefi:hters and many police officers do not pay into Social Security. So when they get sixty-five, khere is no Medieare or Medicaid available to them . So What they have to do is -- is find their oWn insurance. This just allows them to continue on# because they -- theydre not 84  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 covered by Social Security -- many of them.

PRESIDING OFFICER: (SENATOR LUFT) Senator DeAngelis. SENATOR DeANGELIS: Well, the part that bothers me - and I Would like for you Lo clear this up' because it is a big point - is that, as you are aware, that if you buy a Medicare supplement or use existing insurance as the Medicare supplement, the Medicare doesn't kick in till after the regular insurance is exhausted. So essentially what becomes the supplement is Medicare, and you don't have a Medicare supplement. Your primary insurance is your insurance, and the Medicare becomes the supplement. Now would you correct me if I'm wrong on that?

PRESIDING OFFICER: (SENATOR LUFT) Senator Jacobs.

Senator, I don't think youdre Wronq. I think youdre correct in khat case.

PRESIDING OFFICER: (SENATOR LUFT) Senator DeAngelis. SENATOR DeANGELIS) Well, kf that be the case, you're talking about some bi: bucks.

PRESIDING OFFICER: (SENATOR LUFT) Senator Jacobs.

I -- I guess I'm having a problem trying to understand whenever they're payln: for it themselvesr why anyone would even object. If Wedre -- if Wedre defending the insurance companies, could understand it, but if wefre talking about cost to a municipality, I really don't understand that line of questioning, but, you know, just to be perfectly fair about it. in direct 85  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 answer to your question, I think, yes: the insurance policy would take place first, and the Medicaid would come inr but I'm not an expert in that field, so I really cannot answer that.

PRESIDING OPFICER: (SENATOR LUFT) Further discusslon? Senator Sehuneman.

Question of the sponsor, Mr. President.

PRESIDING OFFICER: (SENATOR LUFT) Sponsor indicates he 'll yield.

Senator. our analysis indicates that khis is permissive language. Based on the discussion here, doubt that that's the case. I haven't seen the -- I haven't seen the language, but does the exact language of this bill require that nunicipalities offer coverage to their retirees, or does say that they simply may?

PRESIDING OPFICER: (SENATOR LUFT) Senator Jacobs.

No municipality shall be required by reason of any provision of this Section to pay any group insurance premium other than one which may be negotiated in the collective bargaining agreement. If a person electing continued coverage under this Section becomes eligible for Medicare coverage benefits under the group policy may continue as a supplement to the Medicare coverage underpayment of any required payments -- premiums -- excuse me.

PRESIDING OFFICER: (SENATOR LUFT) Senator Schuneman.

Well -- I thlnk the ehing wedre eoncerned about is the extenk to whicb we're mandating costs on local municlpalities, and franklyw I've not had an opportunity to look at it. I -- I don't know exactly what the effect would be, but certainly Senator 86  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l. 1990 DeAngelisl point was well-taken, in that if there is primary insurance - health insurance - provided by the municipaliky. then that insurance would be prlmary, and the Medicare becomes excess. So the -- the primary cost would fall upon Whoever's paying for that primary policy. So I have a concern about thak: and I'm not sure whether you can address it or not.

PRZSIDING OFFICER: (SENATOR LUFT) Senator Jacobs. SENATOR JACOBS) I think we have to separate the two. In the case of the polîcemen and the firemen, normally they do not have Soeial Security. So there Will be no Medicare. Okay? So that's one issue. So they should be allowed that prlvilege of continuing on with their insurance. With the -- the IMRF employeesy once they become eligible for -- for a supplement, or for the Medicare, at that time they cannot buy the insurance. It ceases whenever they go on Medicare. Wedve got two different issues here. We've got a firefighters' issue, which does one thing, and an IMRF issue, which does something else, and *he IMRF issue says - and that's the one that the municipalities have the greatest concern withy until they really understand that whenever they get to age sixty-five and -- and become elkgkble for Kedicare, they are not covered by this bill anymore.

PRESIDING OFFICER: (SENATOR LUFT) Further diseussion? Senator Fawell.

Will the sponsor yield for a question?

PRESIDIXG OPFICER: (SENATQR LUFT) Sponsor indicates he'll yield.

Senator Jacobs, I think the problem over here is that we got a missile <sic> that says that this is a mandatory program. You, in 87  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SEXATE 'RANSCRIPT 106th Legislative Day June 21e 1990 effect, are saying this is not mandatoryy that this is up to the local village and eity councils?

PRESIDING OFFICER: (SCNATOR LUPT) Senator Jacobs.

The second amendment is not. The third amendment is mandatory, but againz keep ln mind that that amendment, whenever they get ready for Medicare, they -- they can no longer be covered under the plan. So there really is no eost to a municipality. The individual who is paying - who is gettin: the policy - is paying the freight. I -- I just don't really understand where there's a problem , and as a former mayor, I donlt -- you know, we 've done this all along, and I can understand other arguments, and maybe this should be part of colleceive bargaining and a11 of that, but as a mayor, We -- we Cound that it did not increase our cost at a1l number one. Number two, itfs an issue that is just a matter of fairness.

PRESIDING OFFICER: (SENATOR LUPT) Senator Fawell.

Butz just to -- just to reiterate - this is permissive. The village and the couneils must voke on it?

PRESIDING OFFICER: (SENATOR LUPT) Senator Jacobs.

As I indicated and maybe dldn 'k make i: very clear Amendment No. 3 is it does mandate. Amendment No . 3 mandates, and that's why said the only difference is: however, we're talking about a year and a half of cost that is borne by the employee or the -- the -- the person seeking the insurance itself. I I really do not understand really, it's a matter of principle, guess that youdve got your missile <sicl. 88  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2l, 1990 Evidently they didn't see fit to send them to this side of the aisle, or at least to this sponsor, or even discuss khis issue with me, so I don't know how much of a eoncern they have when they haven't even come forkard to me' but I guess maybe there's strange things at work here.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? Senator Jacobs. you wish to close?

Just ask for an Aye vote.

PRESIDING OPFICER: (SENATOR LUFT) All right. The question is, shall House Bill 3406 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who Wtsh? Have all voted who wish? Have al1 voeed who wish? Take the record, please, Mr. Secretary. On that question, the Ayes are 43# the Nays 13: none voting Present. House Bi11 3406, having received the requlred constitutional majority, is declared passed. House Bill 3406 has just been placed on the Recall List. House Bill 3412. On the Order of 3rd Reading. Senator...tmachine cutoffl... I'm sorry. House Bill 3412 is on the Recall List. We will move to House Bill 3426. Senator Savickas. Read the bill -- Senator Savtckas has asked to have that removed from the Recall List. That's my understanding. Correct, Senator? So the Senator would like ko hear khe bill at this time. Read the b1ll, please, Mr. Secretary. ACTING SECRETARYZ (MR. HANRY) House Bill 3426. (Secretary reads title of b111) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUPT) Senator Savickas.

89  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21# 1990 Yes. Mr. President and Members of the Senate, House Bill 3426 is a bill that We introduced to address concern in our communities. I speak of our communities, I speak of Senator Raica. Senator Kelly and Senator Mahar. Where we had the Sun Chemical tryin: to come in and build and construct a hazardous waste incinerator because it was zoned industrial in one community, which is Bedford Park, which adjoins Burbank and Bridgeview, another community that have residential areas abutting this property. We had a -- a few bills introduced, they were -- some lost, some Were decided by the committee that they just didn'e address the situation. Hopefully, as this bill Was amended, kt just puks a moratorium on the -- on permits that would be issued for one year on hazardous waste facilities the construction of these incinerators. It exempts those facilities intended for use as part of any state or federally designated clean-up action. It has nothing to do wlth municipal incineraeors. It has nothing to do with landfills. This bill, as for Chicago and Cook County, is very important, because ehose areas that are zoned commercial - and many of our communities abut these commercial areas in Chicago and in those suburban areas of Cook County - that abut these areas can be -- can be faced wlth this problem. Statewide this can be a problem. We're asking that by ehe adoptlon of this legislation, that for one year a moratorium wi1l be enacked to allow us, as legislators, to set a policy and hopefully that gart of that policy Would include that they cannot create these incinerators next to residential areas. That is the intent and purpose of this legislation. I solicit your support, as as I might add, are both qubernatorial candidates. 80th Neil Hartigan and Jim Edgar have come out to this communityr have viewed these areas, have expressed their support to ehese comnunities that this legislation should be passed. I ask now for your support. 90  STATE OP ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 106th Legislaeive Day June 2l, 1990

PRESIDING OFFICER: (SENATOR LUPT) Discussion? Senator Welch.

Thank you. I would like to ask a question of the sponsor. PRESIDING OFFICERI (SENATOR LUFT) Sponsor indicates he 'll yield.

Senator Savickas, some of the industries that are not involved with incinerators have expressed some concern about what is to be included in khis bill. What I'd like to ask you is that, is it your intention to include flaring in -- in your definition of lncinerators, or in the coverage of this bill? END OP TAPE TAPE 3

PRESIDING OFFICER: (SENATOR LUPT) Senator Savickas.

No: that wasn't the intent. Our discussions with the industry regarding flare-ups and flaring was their concern that if one of the pieces of equipment went out, through whatever causey khat burn off a11 these gases and that are bein: used now -- no, that i: -- not only is not the intent, I don't think the bill comes near near that concern, because this is for new -- new hazardous waste incinerators. All those - I guess you'd -- don't know if you 'd call them incineratörs - but al1 those flaring equipment are already in place, and if something does happen to cause one to go out, as far as I knowr and my intention, is khat they would replace that pieee of equlpment so it can operate 91  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 106th L I egislative Day June 21: 1990 ! I i again. That is not nek -- new equipment. I I PRESIDING OFPICER: (SENATOR LUFT) I I Further discussion? Senator Welch. I I SENATOR WELCH : I I Well, I'd just like to say that I'm supporting this I I leqislation because I think this gives us some time to work on the I I issue of hazardous wasie incinerators. This is an issue which 1 I really hasn't come before the Body before in any real substaneive l I form. The moratorium continues through the entire year of 1991. 1 j It expiresz I belleve, December 3l, 1991. In the meantime, we are I j qoing to be working on leqislakion to try to clarify what types of I j hazardous waste incinerators can be built in Illinois, what the I j requirements are for sending hazardous wastes to one, and other I such issues which we haven't dealt with before. So while the moratorium is pendinq, it was felt that a year and a half would be suffickent time to work on a piece of legislation. So we dre going to see this again, probably next year. Thank you.

PRESIDING OFPICER: (SENATDR LECBOWICZ) Lady from Lake: Senator Geo-Karis.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENAPOR LECHOWICZ) Indicates he will.

The bill, as originally amended, provided just for a I moratorium, period. Are you saying that your moratorium against I I ineineration is only one year?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Savickas.

ïesz -- from the effective date of this amendatory Act of 1990 unkil December 31st, 1991. We don't know When the bill will be 1 92  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1:6th Legislative Day June 21, 1990 signed, so I'm sayinq approximately a year. Hopefully, it, you know, it'd be signed sooner. That would extend thae a llttle longer than a year, but it's only until December 31st of 1991: which would allow us# as legislators, to try to address this problem for our communities.

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

There was an amendment that was knocked off which provided that every county with a population of greater than one hundred thousand would have to have an approved solid waste manaqement plan before it could site a landfill or incinerator for the purpose of disposing of municipal waste. Can you tell me why you didn't you had that amendment knocked off?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Savtckas.

Yes. Senator, the concern with municipal waste and municipal incineration and municipal landfill locations was one that was causing a lot of coneern about -- wellz with our cities and our many of our legislators that have this problem in their communities. I didnlt want to ge* involved into a municipal waste concern when wedre talking about a private company burning hazardous waste, and has nothin: to do with nunicipal waste. We're talking about companies tbat will be bringinq in from fifty other states that are prohibited now, that would burn their waste from Ekfty other states their hazardous waste in our community.

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

One last question. Are you saying that your bill only applies 93  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 excuse me -- to the kneinezatkon of hazardous wastes?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Savickas.

Yes, specifically to hazardous Waste incinerators.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Cook: Senator Alexander.

Thank you, Mr. President. And I appreciate the ansWer that *as just elicited from Senator Savickas, but I do want to hear on the record whether or not, if this legislation, in fact, does pass, how and if would affect the incinerator thatls being proposed for the Village of Robbîns, Which needs this incinerator badly? Would this affect kheir placing an incinerator in their area?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Savickas.

Senator Alexander, this has no effect whatsoever on the Robbins proposed municipal waste incinerator. The municipal kaste incinerators are a totally different subject; that's why the concern was to remove that other amendment dealing with municipal wastez so that it would not be viewed or even considered that this had anything to do with a municipal waste facility. This is hazardous waste facilkties only, and no municipals either deal or have that type of faeility.

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

Well, Mr. President: Members of the Senatew we've reviewed thks bkll. You know the purpose. Xou know the intent. I seek your support as Senator Raica, Senator Mahar and Senator Kelly do, 94  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990 to help not only our communities: but probably for the whole State to address this problem.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall House Bill 3426 pass. All in favcr, vote Aye. All opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 52 Ayes, 4 Nays, 2 recorded as Present. This billy having received the constitutional majoritye is hereby declared passed. House Bill 3454. Senator Woodyard. Read the billw Madam Secretary.

House Bill 3454. tsecretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Woodyard.

Thank you, Mr. President, Members of the Senate. Senate Amendment No. l on 3454 actually became the billy and it's a result of of negotiations between the Taxpayers Federation, Farm Bureau and Realtors anà the Township Officials. And everybody that I know of is in aqreement on this bill at this present -- at -- at this time. It allows a township who had been levying in their General Assistanee Funds to transfer the surplus of khat one time only into their town fund, out of which they can - - they can provide the human services that Were -- that the Township Officials were wanting to do in the original part of the bill. As I say, I know of no opposition to the bill at this time, and would encourage your vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bi11 3454 pass. All in favor, vote Aye. A1l opposed, vote Nay. The voting is 95  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l06kh Legislative Day June 21, 1990 open. Have all voted who wish? Have a11 voted who wish? Please take the record. On this question: there are 58 Ayesy no Nays: none reeorded as Present. This billy having received the constitutional majority, ls hereby declared passed. The top of Page 12 appears House Bill 3468. Senator Carroll. 3468. Out of the record. 3494 is on the Recall. 3506. Senator Maitland. Read the bill, Madam Secretary.

House Bill 3506. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Mc Lean, Senator Maitland.

Thank you very much: Mr. President: Members of the Senate. Senate Bill 3506 enacts the Radiation Protection Act of 1990. Xou may recall we amended that -- that bill yesterday, and we removed the podiatrists and the dentists from the advisory board because ehey are not eovered under the bill. And we also extended the limited scope of the -- of diagnostic procedure to now include the chest, extremities, skull and sinuses and spine. That Was a suggeskion made by, as recall, the State Medical Society. It's my understanding that -- that the teehnologists are -- are noe in total absolute agreement on it, but I believe there is very limited conaern with the bill at this point.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any dtscussion? The Centleman from Rock Islande Senator Jacobo.

Thank you, Mr. President. I was just going to reiterate what Senator Maitland said, 'cause yesterday I did have a question on that issue. As you indicated, the radiologists are still not 96 ' 1 ! I STATE op ILLINOIS 86th GENERAL ASSEMDLY REGDLAR SESSION j SENATE TRANSCRIPT I I 106th Legislative Day June 2l, 1990 entirely satisfied: but thereês enough good stuff in this bill that we should a11 give it an Aye vote. PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Maitland, to close. SENATOR MAITLAND: Would appreciate your support. Thank you. PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, should House Bill 3506 pass. All in favor: vote Aye. Al1 opposed, vote Nay. The voting is open. Have all voted who kish? Have all voted who wish? Please take the record. On this question, there are 57 Ayes: no Nays, none recorded as Present. This bill. having received the conskitutional majority, is hereby declared passed. House Bill 3513. Senator Schaffer. Out of -- out of the record. 3527. Senator Barkhausen. Read the bill, Madam Secretary. SECRETARX HAWKZR: House Bill 3527. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Lake: Senator Barkhausen. SENATOR BARKHAUSEN: Mr. President and Members, House Bill 3527 deals with those porkions of the Insurance Code relating eo insurance fraud, by adding a provislon dealin: with bodily injuries of any person. Current 1aw provides coverage for misrepresenEations relatlng ko false claims based upon the death injury loss of the insured. This expands on that by coverinq bodily injuries of any person, whether it be the insured or a third person making ehe claim. There was an amendment on the bill that made reference to the nature or extent of bodily injuries or the medical expenses related to such bodily injuriesy beeause i: kas felt by the 97  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 proponents of the bill that ie's -- that itls clear from the language of the bill that is now presented to you that -- that the nature and extent of bodily injurtes and the medical expenses for those bodily injuries is -- is also covered. The it was felt that the amendment Was unnecessary, and kas therefore removed. I'd be glad to ansuer any questions, and would otherwise seek your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Gentleman from Knox, Senator Hawkinson.

Thank youy Mr. President. Will the sponsor yield for a queskion? PRESIDING OFFICERI (SENATOR LECHOWICZ) Indicates he will.

Senator, I -- I'm assuming, by your discussion, that before youcre going to hold someone liable for this fraud, they're goin; to have to have knowledge that some third person's claim is fraudulent. That if a third person is claiming under your policy and you donlt know that the elaim is not legitimate, you're are not qoing to be held responsible for fraud. Is that correct?

PRESIDING OFFICER: (SENATOR LECHOWTCZ) Senator Barkhausen.

That would be correct, Senator.

PRESIDING OFFICER: (SENATOR LECHOWTCZ) Senator Barkhausen, to close.

I ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The guestion is, shall House Bill 3527 pass. All in favor: vote Aye. Al1 opposed, vote Nay. The voking is open. Have a1l 98  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION I SENATE TRANSCRIPT 106th Legislative Day June 21# 1990 voted Who wish? Have a11 voted who Wish? Please take the record. On ehis question, there are 55 Ayes, no Nays, none recorded as Presenk. This bille having reeeived the constitutional majority, is hereby deelared passed. 3528 is on Recall. 3529 is on Recall. 3536. Senator Philip. 3526 Ksic>. Read the bill, Madam Secretary. SECRETARY HAWKER: House Bill 3536. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) The Centleman from Dupage, Senator Philip. SENATOR PHILIP: Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3536, as amended, is the Governorls ordinary and contingent expenses. It's nine million four hundred and forty-six thousand. It's in compliance wikh our bipartisan agreement. Be happy to answer any questions, and ask you for an affirmative vote. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discusslon? Question is, shall House Bill 3536 pass. Al1 ' in favor: vote Aye. All opposedr vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Please take the record. On this questione there are 57 Ayes, no Nays, l recorded as Present. This bill, having received the constitutional majoràty, is hereby declared passed. 3565 is on Recall. 3590 is on Recall. 3613 is on Recall. 3614. Senator Topinka. Read the billz Madam Secretary. SECRETARY HAWEER; House Bill 3614. (Secretary reads title of bill) 3rd Readin: of the bill. 99 I !  STATE OF ILLINOIS 86th CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Leqislaeive Day June 2le 1990

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

Yes. Mr. President, Ladies and Gentleman of the Senate, this is an IDPA bill, and basically it Would ask thae a report be made by the Department of Public Aid to the General Assembly regarding statistics and trends in the provision of medical serviees to pregnant women. We also added an amendment which would exempt trailer coaehes and mobile homes wikh a value of less than twenty-five thousand from the requirement khat the State have a security interest on such trailer, coach or mobile homes, for Public Aid -- grantees. There is no opposition that know of.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall House 3ill 3614 pass. All in favor, vote Aye. All opposed, vote Nay. Voting's open. Have al1 voted who wish? Have al1 voted Who wish? Please take the record. On this questlon, there are 58 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majority: is hereby declared passed. Top of Page 13 appears House Bill 3630. Senator Maitland. Senator Maltland. Out of the record. 3649 is on Recall. 3655. Senator Zito. Read the bill, Madam Secretary.

House Bill 3655. (Secretary reads kitle of bill) 3rd Readtnq of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Zito .

Yes. Thank you, Mr. President and Members. House Bill 3655 when it left -- when it came over was a vehicle bill. We amended it in committee to accommodate the Department of Public Aid, which l00  STATE QF ILLINOIS 86th GENERAL ASSCMBLY REGDLAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21y 1990 employs tbem to establish a uniform reimbursement cycle for nursing home providers Staeewide. The Department is mandated to creaee reimbursement cycles on a calendar-month basis for all long-term care providers Statewide by July 1, 1991. There has been a number of attempts to amend this legislation. I -- I may tell you - and Senator Maitland may continue this conversation we have aqreed not to amend this bill. I don't think the part of the bill now is controversial. There were several other amendments that we had talked about. Theydre not prepared for this bill. I don 't know of any opposition to House Bill 3655 in its present form, and would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Cooke Senator Topinka.

Kr. President, Ladies and Gentleman of the Senate. Unforeunately, opposition does exist, because there -- there was at least some seeming agreement that this is kind of half a package. And indeed the Departmenk of Public Aidp you know, has a desire to try and get onto this uniform payment cycle, because indeed it was promised. But the other half of that is that there is also an agreement to remove a provision that we put on last year: which basically got the nursing homes up to snuff in terms of -- of money and gettinq them up to a COLA type of a situation. It Was supposed to be a one-time shot. It was misdrafted, and now the nursing home industry has saidp ''We like so well because it guarantees us twenty-six million dollars a year.l' As a full such COLA, they do not wish to remove it. The amendment that kas proposed for this bill never got on. As a result, it is only half a package. And unfortunately: I think welll have to be in opposition unless that's picked up.

PRESIDING OFEICER: (SENATOR LECHOWICZ) The Gentleman from St. Clair, Senator Hall. 10l  STATC 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

Will the sponsor yield for a question?

PRESIDING OFFIPER: (SENATOR LECHOWICZ) Indieates he will.

Senator Ziko, tha: -- I'm informed that this bill does have a twenty-six-million tag, but not with only that. I'm also informed that Senate Bill 1139, Which Senator Demuzlo and Senator Maitland: I think, are -- are handling this billz the Department says that ehey need some cleanup in that, and -- have they contacted you? Are you aware of that? PRESIDING OFFICER (SENATOR LECHOWICZ) Senator zito.

Senator Hally in answer to Senator Topinka's comments 'cause theyfre baskcally the same thing - this bill Wi11 establksh now a cycle payment for the Department of Public Aid to nursinq home facilities. There had been negotiations several years ago, or a year and a half ago, that I was not privy to. Senator Maitland and I have discussed this numerous times. Senator Maitland feels that -- and I feel that there's there's a vehicle that we can accommodate the other original agreement. I Was not part of that agreemenk. All I ean tell you is what's in this bill now, believez is very: very important - not to undermine what Senakor Maitland will attempt to do, and I believe it is House B1ll 1139 -- Senake Bill, T'm sorry -- Senate Bill 1139. I'm not part of khat arrangeaent or agreements, and I think Senator Maitland can ansuez your question.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Hall.

Senator Maitland, are you able to answer that question? l02  STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislatkve Day June 21, 1990

PRESIDING OPFICER: (SENATOR LECHOWICZ) The Gentleman from Mc Leanw Senator Maitland. Senator Maitland, please.

Thank you. Thank you, Mr. President, Members of the Senate. And there is some confusion that persists on -- on this issue. We do plan to offer the amendment on either Senate Bill 1139: which may well be coming back here for a conference committeee or there are a couple of other vehicles where this might be -- be dealt with. Most of the statements that have been made are true and -- and aecurate. I did go to Senator Zito and asked to put that amendment on that bill. He had some concerns about it kanted this bill to go as it was, we agreed to amend the bill or amend the issue elsewhere. Senator Topinka is absolutely correct. bast year, when we dealt with this issue, there was an agreement between the industry, me, Senator Demuzio, and some other people, on thi: issue. Unfortunatelyz When the -- When the language was drafted, it suggested an automatic 7.l percent increase every year, and thak was not the agreement. We asked the language go through that Way, and We'd deal With it# and I committed to making the change either last fall or this spring. I'R living up to that aqreement, the Illinois Healtb Care Association's living up to that aqreement, and we do plan to -- to cause that to happen.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any further discussion? Senator zito, to close.

Well, thank you Mr. President and Kembers. Senator Kaitland: thank you for your explanation. I can tell you, Ladies and Gentlemen, those of you kho want to vote or have been asked to vote No on this legislation simply because of that agreementg this is not -- eertainly not the bill to do that. This concept is an important concept, because it Will provide those necessary -- 103  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 106th Legkslative Day June 21# 1990 necessary dollars to our nursinq homes throughout the State of Illinois. Senator Maitland assured you that that agreement will be handled on different legislation. Please, don't hold up this blll because of that other commitment. I Would ask for a favorable vote. PRESIDING OFFICER (SENATOR LECHOWICZ) The question is, Bhall House Bill 3655 pass. h11 in favor, vote Aye. A1l opposed: vote Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 41 Ayel, 15 Noes, none recorded as Present. This bill, havlng received the constitutional majority, is hereby declared passed. House Bill 3656 on Recall. 3658 is on Recall. 3675. Senator de1 Valle -- Senator Rea. Read the bill. Senator Rea.

House Bill 3675. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICEZ: (SENATOR LECHOWICZ) Gentleman from Franklin, Senator Rea.

Thank you, Mr. President. This -- ehis bill is a very important bill. Last year Illinois weleomed tWo hundred thousand new residents to oûr State. They were young, uneducated and helpless, but they fou:hk to live in this State, even though a11 of them were newborn children. These babies were survivors born into a State where infant mortality figures hang like anqels of death at the door. Illinois currently has an infant mortality rate of eleven percent. Or# if you need it in harsher terms, where more than Ewo thousand babies die every year. That figure makes us the state with the sixth highest infant mortality rate in the natkon, and in my district is one of the hiqhest counties. 104  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 have a county that is the highest in the State. Here in Springfield, in the black neighborhoods, forty-four babies die for every one thousand births. The bill before us today could help rescue the thousands of babies that are drowning in these death house -- in this death -- figures that I quoted to you before. House Bill 3675 directly hits the problems on two fronts. Lack of OBs and family physicians practicing in designated shortage areas, and a lack of State funding available to cover those women who desperately need to receive Medicaid funding in order to 'receive health care during their pregnancies. First, the bill Would add an additional fifteen thousand poor Illinois women and their infant children to the eliqibility roster for Medicaid-funded health care benefits. And secondly, it would bring new physicians and OB physicians to Illinois designated shortage areas. The residents who live in these counties would receive the OB physician care that has been missing from these counties for years, forcin: some pregnant women to drive for longer than hour to deliver a baby in a hospital. It would create incentives for hospitals to continue their OB units, and might even encourage other hospitals to reinstate their OB units. This bill is an important component in reversing our infant mortality figures. Children born into poverty already have enormous hardships to bear. At least let's give them a fighting chance with this bill. And I might just add that this is a problem throughout this State. Just today I received a copy of an article that Was in the Trib. ''Doctor crisis for Poor Dupaqe Momsp'' So it's a11 over the State. This is an important piece of legislation, and I would ask for your support.

Any discussion? The Lady from Cook, Senator Topinka.

Mr. President and Ladies and Gentleman of the Senate. And -- l05  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 106th Legislative Day June 2l, 1990 and Senator Rea, I think the original bill: as you can see by our vote in committee, was rather favorably received, and to be really honest, you should have quit while you were ahead. Because onee you started adding on some of the amendments, then, I think, is where we started getting into problems. And would point out specifically the provisions of Amendment No. 3, Which now tied us in to an eligibility standard With the Pederal Government Whiah just increases, without our ever being able to come back to at a hundred and eighty-five percent of the federal poverty level. Now that means we would be committed to future expansions in this income eligibility standard, regardless -- regardless of the fiscal condition of this State in any given year. Now you've seen what has gone on this year in terms of budget-cutting, and you have to realize that When you start creating new programs like this, you're cutting back into the budget of those programs whiah are really, sincerely good, have been tried, true and tested, and which we are cuttinq now because we don't have enough money to fund them adequately. So what is the point of adding these things on When wefre not doing a good job on what we have? I mean it seems counterproductive. The other thing is that I think we made ik adamantly clear in committee that this provision of Amendment No . was ko stay in committee. broke 6-6. I nean it was kept in commkttee. And now youfve adGed kt on this btll, and I really feel badly, because I think your original bill Was pretty good, but now it's really unsupportable because we can't afford it.

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

Thank you, Mr. President. I rise in strong support of House Bil1 3675 with its amendments. I khink the bill is in every respect an absolutely right social policy and moral poliey, and I think Senator Rea has made those points very effectively. Let me l06  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENAYE TRANSCRIPT 106th Legislative Day June 21z 1990 just briefly add why I think it's also good fiscal policy. You know, modern technology has allowed us to preserve ehe lives of a very large number of babies kho are born underweight and with severe disadvantages to -- to star: out lifee and in most cases they would be disabled. But that kind of care is extremely expensive. Most low-birthweight babies are actually in the hospital a minimum of eight and often eighteen days, and some have to stay as long as two years. It costs a thousand dollars a day to treat an underweiqht baby in the hospikaly and sometimes there are enormous costs that eontinue thereafter. But it only costs about four hundred dollars a day to provide adequate prenatal care. So the Offiee of Technology Assessment has, at one time, estîmated that kt's about a thirty-thouland-dollar savings for every low-weight birth that is averted by proper prenatal care. So allowing more pregnant women to be covered by Medicaid benefits - - is actually gotng to help reduce our enormous costs in carin: for these babies who are born with this disadvantage to begin life. Not only their health care eosts, but frequently other problems that they develop that stay with us for a long, long period of tkme. So that in every sense of the word, not just in a pie-in-the-sky sense, but in every very real sense of the word, this is an extremely good investment, and of course, is reimbursable by the Federal Government on a matching basis, so that we will be eapturing some of the federal funds that otherwise are going to end up going to another state. So that -- I think makes extremely qood fiscally responsible policy, and I would add just one Eootnote, as Senator Rea has so eloquently said, we almost - ue, the State of Illinois - almost match some of the Third World countries in terms of our infant mortality rates. Thak is a disgraoe for a State that is this rich and ought to be this progressive. So it is good policy. It is good finance. It ought to pass. l07  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2lw 1990 PRESIDING OFPICER (SENATOR LECHOWICZ) Senator Maitland.

Thank you very much, Mr. President, Members of the Senate. A question of the sponsor, please. PRESIDING OFFICER (SENATOR LECHOWICZ) Indicates he'll yield.

Senator, do you have any idea whak the FY'91 cost on -- on this is? PRESIDING OFFICER (SENATOR LECHOWICZ) Senator Rea. SENATOR REA I Well, in answer to your question, we've been given several fiscal notes. We really don't know. I think khat Senator Netsch said there in terms of the returns is certainly true, and that has been provided to us from the U.S. General Accounting Office, and really kind of boils down to we can either pay now or pay later, and and 1et me give you one other thing here, Senator Maitland. Other studies also show that if low-income pregnant women are not provkded the sufficient health care, thekr children may have developmental problems, and you know who will end up payin: for it that will be the taxpayers that will pay an enormous amount for special education and -- I mean special health care and so forth there that will be necessary. PRESIDING OFFICER (SENATOR LECHOWICZ) Senator Maitland .

Thank you very much, Mr. Presidentw Members of the Senate. Senator Reae you make you make a good point, but from a budgetary polnt of viewr and that's where we have to address this, and I was really -- really amused at Senator Netsch ts comments on l08  STATE 0F ILLINOIS 86th CENERAL ASSEMDLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2l, 1990 khis very issue. Senator Netsch has done a good job of becoming a fiscal conservative on a lot of these issues: and -- and a11 of a sudden we're willing to spend ten million dollars this year, and and perhaps as much as twenty-four million dollars for years after that. And it, once again, is a worthwhile, needed program, but welre leaving here in two or three days with a budget that we 're trying to balance that is some five hundred million dollars off of where khe Governor first started, and those aren't easy cuts to make, and weêve had to make them. Now you tell me - you tell me - how this fiscal year - Fiscal Year '9l - we're going to pay for this. That is what we have to worry about. Good as the program is, folks, the money isn't therep and we have to deal with itr and we have to deal with it now. And I would seek your opposition.

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

Yes. Mr. President, I think Senator Rea should be commended for his obvious concern and interest in this very compassionate issue. But there is a problem a problem - my problem, think, and I think our problem should be with *he Illinois Hospital Association's interest in providing new programs -- neW proqrams constantly at the expense of those insured or the Medicare program . When I talk about the insured, Ifm talking about the cost-shifting. There are hospitals constantly closing in Chicago. 0ne of the problems that they complain about is that Medicaid does not reimburse them sufficiently to provide the services for these programs. And now we have the Hospital Association that has put on an amendment on Senator Rea ls bill that Will call for more programs, more Medicaid clientele, with less repayment, with a constant step backward for these hospitals to provide these services. In other words, we lre going to give l09  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 them more to do, pay them at the same 1oW fare, 1et more hospitals go under, then ask those that are insured to accept a bigger burden on cost-shifting, raise their insuranee premiums so that they can't afford to pay ehem. So now we'll have more people qoing in for these services without adequate compensation. We cannot start addressinq this problem until we start funding these proqrans adequately. ïou can't initiate new programs, fund them halfway, have the hospitals closez and say, ''Wel1# we did a heck of a job, fellows. We got the neW program. We just closed three more hospitalsa'' And that is What's happening. Until the Illinois Hospital Association wishes to address those problems of *he cost-shifting and the proper funding of these programs, we 're going to continue to elose our hospitals' and we in our urban areas - much less the downstate areas that cannot have hospitals and have the proper care > we will be closing our facilities. And I khink it's wron: to adopt that type of a procedure: and I Would voke aqainst this bill.

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

Yes. Thank you, Mr. President and Members of the Senate. I'm surprised that one of the speakers on the other side of the aisle didn't understand Senator Netseh 's logic in terms of being fiscal responsible. When she talked about that it is far less costly to prevent and to -- to -- to have healthy babies being born, rather than providing adequate prenatal care and then payin: the costs probably for the rest of that child's life, in addition to the hospital costs of the mother. And in many instances this problem also adds to the overall hospital costs, because many of these people go to the hospital which -- Which really adds to the malpraetice insurance costs, because many of the hospitals are sued when these people go in and doctors are sued who -- who are 1l0  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislakive Day June 21, 1990 force; to deliver these babies, when these wonen have never ever had any kind of prenatal care, never seen a doctor. That's some of the real problem here. So if you don't understand that is cost-effective: I don't know where your logie is. Yesp it may cost some money now, but it sure doesn't cost us as much money as we spend a year taking care of 1oW weight -- birth weight babies and some of these children for the rest of their lives.

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

Thank you: Mr. President. think that, you know, there's a time that we have to get our priorities in order, and just like we do as far as education, and I think this is a -- a problem that certainly should come to the top along with some of the other problems. And a: a result, whenever you talk about the -- the budget, sometimes We have to shift those priorities as to where we spend the monies, an; I feel that tbis is one of those areas. There has been a 1ot of 1ip service given: but just remember that truly the measure of greatness of any state is in its compassion in meeking the needs of the most vulnerable citizens. And there are none in Illinois that are nore so than those that we are talking about here koday. I would ask for your vote. PRESIDING OFFICER (SENATOR LECHOWICZ) The question is, shall House Bill 3675 pass. A11 in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have al1 voted who wish? Have a11 voted who wish? Please take the record. On this question, there are 29 Ayes, 23 Nays, 6 recorded as Present. This bill, having failed to receive the conskitutional majority: is hereby deelared lost. Senator Rea asks leave to put it on postponed consideration. Hearing no objectionp postponed consideration. House Bill 3694. Senator Zito. Read the bill, 111  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Madam Secretary.

House Bill 3694. (Secretary reads title of bi1l.) 3rd Reading of the bill. PRESIDING OFFICER (SENATOR LECHOWICZ) Senator Zito.

Thank your Mr. President and Members. House Bill 3694 started out as a relatively simple bill noncontroversial bill. We did add several amendments - five, to be specific - yesterday . We ran through them very quickly, and I'd like to take a couple of seconds to try to explain that, because their had been some questions raised . The original bill mentioned that the Statute currently requires birth certificates to lnclude the blood type of a person whose birth is being registerede but because of the difficulty of accurate blood typing in newborns, the Statute is not valid for purposes of identification, and really has no medical or legal benefit, and so we're removing that. The amendments Amendment No. 1, which was put on, amends the Poison Control Act. That was Senator Luftis. It allows the Department of Public Health to make grants to -- regional poison control centers. Senate Amendment No. 2, I believe, was Senator Smith#s: which allowed for Social Security numbers to be placed on adoption records. Senate Amendment No. 3, I think comes to us from the Illinois Hospital Associatlon. It allowed hospitals seven days, rather than three days, to regisber birth certificates. Amendment No. 4 allowed the Department of Publie Health to assess fines on ambulatory surgical treatment centers for violations of a Licensure Act. Now there had been some concern yesterday that the amendment may become House Bill 3587, which was a bill that would allow the establishment of l12  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 post-surgical obstetrical centers. I can assure you noW that this bkll only allows for the fines, and that the contept provided in House Bill 3587 are not tncluded in this bill. The bill Will not be used for this concept P.S.O.C.S Will not be an issue this Session, in order for further discussions to occur. Senate Amendment No. 5 then designated strep tests as a simple test that may be performed in a physician's office. It also provides that laboratories performing only simple tests need not register with the Department of Public Hea1th. Now this amendmen: is intended to comply with the Federal Clinical Laboratory Improvement Act. I don't know of any opposition to these amendmentsg sorry for taking your tise, but we needed to clarify and explain to you what was on this bill. Mr. President, I would move for a 'avorable vote. PRESIDING OFFICER (SENATOR LECHOWICZ) Any discussion? Gentleman from Kane, Senator Friedland.

Thank you, Mr. President. Would the sponsor yield? PRESIDING OFFICER (SENATOR LECHOWICZ) Indicates he W1ll.

Senator, my analysis indieates the State Police Were opposed to this bill or a portion of it. Is that true, or what portion? Are they still, do you know?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator zito.

fenakor Friedland, I -- I have no idea. I -- I don't know of any opposition to any parts or any amendments of this legislation at all. This is the first I've heard of that.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Zito, to close. 1l3  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legkslative Day June 21, 1990

Well, just to ask for a favorable vote. And Senator Friedland, if khey were in opposition -- the bill Was heard in committee. There was nobody filed an opposition. I just ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall House Bill 3694 pass. A11 in favor, vote Aye. All opposed, vote Nay. The voting is open. Have al1 voted Who wish? Have all voted who wish? Please take the record. On this question, there are 57 Ayes: no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 3718. Senator Netsch. Read the bill, Madam Secretary.

House Bill 3718. (Secretary reads title of bill.) 3rd Readin: of the bill.

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

Thank you, Mr. President. House Bi1l 3718, as it came to us from the House, was a -- a request of the Legislative Audit Commisslon: which dealt With petty cash funds. Basically what it did was ko increase the maximum fund size from five hundred dollars to one thousand dollars, and the transaction limit from twenty-five fifty dollars, and required an internal audit for any fund having a reinbursement volume over five thousand dollars annually . The -- this Was particularly requested and came to the aetention of members of the commission from the Department of Trahsportation and the Department of Conservation, bokh of whom were having difficulty livlng with the - because of their own bookkeepin: problems with the prior limitsz and this was the l14  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l: 1990 Audit Commission's recommendation. The amendment which I added on the Ploor is -- I would be quiee clear to say is not a ''merely'' amendment. is a major substantive proposal, and basically what it is is an attempt to deal with the very serious problem in our State financial picture of our very -- our extended lapse-period spendinq, both in terms of time and amount. I might say thae the amendment is co-sponsored now by Senator Schuneman, who has been concerned about this problem for some time also. We reduced the period to tWo months, and we considerably tiqhtened up the kinds of items which can be paid for doing the lapse period. If the goods and services are delivered by June 30th, then they must be paid for out of *he current year. If after June 30th, out of the next year. It is a considerable tightening up of a very major gap in our financial management picturey and I certainly strongly urge an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Gentleman from Champaign: Senator Weaver.

Well, thank you, Mr. President. I have no objeetion to the bill as it came from the House, but this is really a substantive change as far as the fiscal matters of the State are concerned. Senator Netsch, I don't remember any discussion in any committee about ehanging -- shortening the lapse-period spending by thirty days. It's really Qoing to make a give the Court of Claims a tremendous burden in out years in the number of claims it will be dealing with, and I ean see us doubling the number of employees in the Court of Claims. It affects revolvin: funds and interagency collections in these revolving funds. I just think that we need a lot more discussion on this change before We put it into legislation this year. And I -- I'd stand in opposition.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Dupagez Senator Fawell. 1l5  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2l, 1990

Thank you very much. According to our analysisr says this may create certain fiscal problems, which in turn would require Statutory changes. A11 services and goods Would have to be delivered by June 30th. Current law requires a thirty-day -- mean a September 30*h delivery date. If we order something - say I order a -- a new eomputer for my district office, and it isn't delivered until July 5th, but I want to pay for it out of this year's bills, khat happens in that case? PRESIDING OFFICER (SENATOR LECHOWICZ) Senator Netsch.

It Will be paid for if -- if it is not delivered by June 30thy it would be paid for out of the next year's appropriation. And that is, kn part, the poknt of the -- it's nok thak anythinq is nok going to get paid any legitlmate obligation. It is an attempt to tighten up on what I khink everyone in the Audit Commission and in the appropriations process realizes has been abused considerably and as well as throwing our fiscal picture out of shapee and that is that people order somethin: on June 28th# knowing that theylre not going to ge* by June 30th: so that they can continue to pay for out of one year's appropriation. That's the sort of thing thak it's going to stop. Once in a while there'll be something ordered in time that doesnlt get delivered till after June 30th; it'll be paid for out of the next year's appropriation. PRESIDING OFFICER; (SENATOR LECHOWICZ) Senator Fawell.

Well, to the bill -- you know that might...

IRZSIDING OFFICER: (SENATOR LECHOWICZ) Please proceed. 1l6  STATZ OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legkslative Day June 21e 1990

a.. that might cause some havoc in my district -- in my districe offiee, but 1.11 tell you, it seems to me that in your larger agencies for instance, IDOT if they order certain materials and they don 't happen to be delivered, for whatever reason: until the following year, or your -- your Department of Central Management orders something and isn't delivered until the following year it just seems to ne that this is not a good idea. There's a 1ot of things that could prevent deliveries of materials. My family happened to own a trucking businesss and I'm going to tell you, sometimes we just dkdn't get things delivered when We had promised. I do not think this is a good idea . I -- think this -- the original bill was fine, but this idea is one think, as the former speaker said, should be looked at, and looked at very closely, before We go jumping into the -- into the pond and say this is what We're going to do.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator DeAngelis. SENATOR DeANGELIS: Thank you -- thank you Mr. President. Senator Netsch, you have been on the Audit Commission for quite a long time, and it has been the tradition of that Commission that When they introduce a piece of legislation that it remain, nok in its purest form , but not be amended so severely to serve any personal or political purposes. And I really believe that you have gone way beyond What the Commission intends when it introduces legislation, by adding this very: very substantive piece of legislation on that bill. So I have to tell you that Senator Netsch, you are going to :et a chance to talk, believe me. So I would like to point out to the Body that as the Chairman of the Audik Commission, do not be confused that this is an Audit Commission billr because what Senator Netsch did is took a pure and pristine bill and modified ll7  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legkslatkve Da# June 21w 1990 ik severely. Al1 right. Now to the bill. I think that what you...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Your time is just about up. SENATOR DeANGELIS: Pardon?

PRESIDING OFFICER: (SENATOR LECHOWICZ) ïour time is just about up. SENATOR DeANGELIS: You're kidding. I would think that the consequences of this bill are no* at a1l What you think they are, Senator Netsch, because for that person who you dre talking about that might be tempted to order something on June 27th, they will simply order ik on April 27th, and that takes care of the problem. I'ïl tell you we're going to qet into a problem for those services -- those services that possibly cannot be billed in Ehat period of time. For instancez one of the most significant bills we run in Springfield is the telecommunications bill. Now are we going to turn around and ask a11 of those companies -- are we goin: to ask all those companies to come out and shut off all the switches on June 30th, and issue us a bill at that particular tàme? What youlre qoing eo do, basicallyz is force a lot of companies to have to go to the Court of Claims to get their money, because you, in fact, have pushed off their payments into a period of time in which they cannot, from that appropriation periodz pay those particular bllls. I'm really disappointed that you would use the Audit -- the good services and offices of the nonpartisan, nonpolitical Audit Commission for political purposes.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Demuzio.

All right. I'm surprised. The Chairman of the Audit 1l8  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATZ TRANSCRIPT 106th Legislative Day June 2l, 1990 Commission just spoke, and he is, you know it's an indictment of himself. I mean, where's -- where is our bill from the Audit Commission? You are the chairman. It's not here. This is the only thinq before us. Senator Schuneman and others -- welve been lookin: for direction from the Chairman of the Audit Commission, and we hazen't found kt, and thks is the best thkng -- ktls tbe only game in town, I quess, and I guess Wedll just have to go along With it. It seems to me that it's long overdue, and we're all for

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

Well, thank you, Mr. President. I -- I heard the wailing and gnashing of teeth, and I think it miqht be a little overreaction. Each of us has to decide whether or not we think there have been some abuses of the lapse-period spending. I happen to think there have been, and there have been instances brought before the Audit Commission, Mr. Chairman, khak indicate that very thins. If you think that lapse-period spending ouqht ko be shortened up a little bit, this is the only game in town. This is the only bill that we have to vote on. I think it's not a bad idea to vote in favor of this bill -- send it to khe House. Theydre going to exercise their judgement. Perhaps it needs to be changed or modified in some way, but the basic idea is probably a pretty good one. You know, wedre here - We're supposed to be here to represent the kaxpayers: no* necessarily *he administration. And I think We oughk ko balance those two interests.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Dehnqelis, for a second time. SENATOR DeANGELIS: Well, I -- I just want to point out that Senator Schuneman, we 're a1l here to represent the taxpayers, and if you felt. as tbe l19  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21: 1990 sponsor of this amendment, Who put it on a bill that wasn't the bill intended for it to do, that you might just submit a billz and do that on your own, or Senator Netsch - Who is not shy at all about introducing bills - she could've put it in on a bill. This was put on as an amendment, and that's What my argument Something like this is of such a nature and such importance that it ought to be discussed in committeey and the consequences of which are so severe that we ought not to be doing this with an amendment. Thatfs all. mean, nobody is -- Iîm not for lapse-spending going into December, but 1'm not for stopping everything on June 30th, either. #RESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio, for the second time.

Well, I -- I just rise again to concur With the comments that were made by my colleague on the other side of the aisle, Senator Sehunemanw and I'm sure this is again the bipartisan nature by which We have been approaching this Session this year, and eertainly know that you lve, tongue-in-cheek, made some representations here with respect to being opposed to this, and I'm sure that thatls just being -- 1'm sure that thatls just being bipartisan in nature, and as a consequence, it just seems ko me that this bill ought to pass and go to the House and be reconciled khere.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Netsch, to close. I'm sorry.

Thank you, Mr. President... PRESIDING OFFICER (SENATOR LECHOWICZ) Excuse me. Senator Weaver, I#m sorry. I missed your lighe. Senakor Weaver.

l20  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Pardon me for rising a second time, Mr. President, but really feel that a change of this maqnitude should have the input of all the aqencies, higher education, everyone who depends on State fundin: for their programs, because welre going to -- we're going to hear a 1ot about this if this is enacted. We're going to hear from those who have to live with it, and find they can 't live with it without a hundred other chanqes in the Statutes throughout the affected agencies. So I find it strange, Senator Netsch, that you bring this before us, having never been heard in committee, having had no input from a11 of those who will be impacted by it. So I think this is a drastic change that we ought to maybe implement someday, but I think we -- we should be a little cautious here in implementing this Without any input from those who are affected.

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

Thank you, Mr. President. Let me respond to a couple of points. First, Senator Weaver, it is a -- a major change. I made that quite clear when I passed the amendment out a while ago. I tried to get something like this done earlier in the Session, and the particular bill I had did not make out of the Rules Commitkee and the same thing happened to a House version. I do not expect that the operating agencies will ever agree to it, if we asked them for their permission. It's awfully nice having a three-month lapse period and no restrictions, and it has been abused. And one of the thinqs that we 're tryinq to do is to address that. Members of the Legislative Audit Commission have addressed this issue off and on over a period of time, and so this is not a brand new idea that has never been discussed. And might say to you, Senator DeAngelis, I do have khe permission of the House sponsor of ehe bill to add this amendment. I would no* l21  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSTON SENATE TRANSCRIPT 106th Legkslatkve Day June 2l, 1990 have done so without his permission. Most other seates and a1l units of local government get a1on9 Without any lapse period. Why we have to have an absolutely unbridled three-month lapse period has never been clear to a lot of us, and we do know khat it is subject to a great deal of abuse. I still allow a two-month lapse period, and there are plenty of exceptlons built in for some of the kinds of expenses that normally do not a11 come in on schedule, so that there -- there is flexibility, and if more is needed later, fine. But Ladies and Gentleman, we have :ot to do something to address this problem Which I handed out to you. Every year we've got in the neighborhood of three hundred and fifty to four hundred and fifty million dollars of lapse-period spending, which is more than we have in balance at the end of the year. Which means what we do is ke take in revenue on a twelve-month basis and we spend on a tifteen-month basis. We have got eo otart -- Etop doin: that and call a halt to it so we can get some control over our budgetary process and our financial management in this State. This is a first step, and an important first step in that direction. I urge an Aye vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any bhe question ts# shall House Bill 3718 pass. Al1 in favor, vote Aye. All opposed, vote Nay. The voting is open. Have al1 voted Who Wish? Have a1l voted who wlsh? Please take the record. On this question, there are 30 Ayes, 25 Naysz 1 recorded as Present. This bill, having received the constitutkonal majority. is hereby declared passed. fenator Weaver asks for a verification of the affirmative vote. Please, everyone may be in their seats, and please read the affirmative vote.

ACTING SECRETARY: (Mr. Harry) The following voted in the affirmative: Alexander, Brookins, Carrolly Collinsy Daley, D'Arco, de1 Valle, Demuzio, Thomas Dunn, l22  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIP: 106th Leqislative Day June 21, 1990 Hall, Hawkinson, Holmberg, Jacobs, Jones, J.E. Joyce, J.J. Joyce, Kelly, Luft, Marovitz: Netsch, O 'Daniel, Rea, Savickas: Schuneman, Severns, Smith, Vadalabene, Welch, Zito and Mr. President.

PRESIDINC OFFICER: (SENATOR LECHOWICZ) Any questions of the affirmative vote? Senator Weaver.

Alexander? Yes, she's here. Senator Marovitz.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Marovitz is in the Chambers.

Senator Smith.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Smith. She's in her chair.

Is Senator Luft on the Floor?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Luft is in his chair.

Senator Weleh.

PRESIDING OFFICER: (SENATOR LECHOWICZ) He's in the Cbamber.

Senator D'Arco.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator D'Arco? He 's right there.

No further.

PRESIDING OFFICER: (SENATQR LECHOWICZ) Any further questions?

Is Senator Zito on the Floor?

PRESIDINC OFFICER: (SENATOR LECHOWICZ) 123  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislakive Day June 21, 1990 Senator Zito. Is Senator Zito in the Chamber? He's on the Ploor. No further questions. On this question, there are 30 Ayes, 25 Nays, 1 recorded as Present. This bill, havinq received the constitutional majority, is hereby declared passed. Senator Raica. With leave of the Bodyy Senator Raica would like to introduce a group that is visiting Springfield. Senator Raica.

Thank you, Mr. President and Ladies and Gentlemen of tbe Senate. I'd like to thank President Rock and Senator Joyce for allowing us to present khese children here today. A lot of these kids are from Coal Ciey, Which ls represented by Senator Joyce, and as theylre coming out, like to read a resolution that the Senate adopted on May 18th, 1990. And it reads as follows: (Senator Raica reads SR No. 1060) On behalf of State Senator Phil Rock, President of the Senatey and Members of the General Assemblye we wish you best in Russiaz and do us proud. Thank you. MEMBER OF THE ON-BROADWAV DANCERSI (Remarks by a Member of the On-Broadway Dancers)

PRESIDING OFFICER: (SENATOR LECHOWTCZ) House Bill 3722. Senator Topinka. Judy. 3722. Senator Topinka. Out of the record. 3740. Senator Barkhausen. Read the bill, please.

ACQING SECRETARY: (MR. KARRY) House Bill 3740. (Secretary reads title of bi11.) 3rd Reading of the bill.

PRSSIDING OFFICER: (SéNATOR LECHOWICZ) Gentleman from Lake, Senator Barkhausen.

Thank you, Mr. President and Members. House Bill 3740 is a Department of Insurance bill. I explained it somewhat, I hope: l24  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 adequately yesterday, when an amendment was presented dealing with the permissible investments of companies in bonds and various types of bonds for the amendment, and now the bill does restrict those investments to a greater degree than was the case prevlously. The amendment also added clarifying language to make elear that the Department has the authority which ehey have already exercised, and whiche in fact, they already do havey but wefre codifying the faet that they -- that the Office of Special Deputy, actin: as the liquidator or rehabilitator of insurance companies, has jurisdiction over companies that may be licensed in another state. but operate primarily in Illinois, or businesses that that are notz in fact, licensed anywhere. In addition: the bill does a number of other things primarily relating to investments of companies. And I'd be happy to answer any af your queseions. Oeherwise seek your support.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Any discussion? The question isz shall House Bill 3740 pass. Al1 in favor, vote Aye. All opposed, vote Nay. The voting is open. Have all voted *ho wish? Have a11 voted Who wish? Please take the record. On this question, there are 55 Ayes, no Naysy none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 3777 is on the Recall List. Top of Page 14 is 3812. House Bill 3812. Senator Welch. Out of the record. 3815. Senator Macdonald . Read the billr Mr. Secretary.

ACTING SECRETARY: (MR. HANRY) (Secretary reads title of bill) It's the 3rd Reading of the bill.

PRESIDINC OFFICER: (SENATOR LECHOWICZ) The Lady from Cook, Senator Macdonald.

Thank you, Mr. President. These are critical times for l25  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 Illinois Environmental Issue, and House Bill 3815 addresses at least three urgent needs for environment -- environnental progress in our State. Fundamentallyy House Bill 3815 provides for adequate criminal penalties to satisfy federal requirements that will enable Illinois to administer our oWn Wastewater pretreatment program. The bill wtll provide for a Class 4 felony and a fine up to twenty-five thousand dollars a day from nondomestic souree contamination into the sewage works. The bill also added Senator Jacobs' amendment to allow the Quad Cities to temporarily dump sludge into the Mlssissippi River until the EPA and Pollution Control Board conclude their development of standards. This bill also addresses a Pollution Control Board need for clarification of its penalty-settin: powers, and lastly, but very importantly, khis bill provides for a fee structure to fund hazardous Waste clean-up programs. That Was Senator DeAngelis' amendment of yesterday. Thks is a sliding scale fee, and I think Senator Dehngelis is going to speak on this bill, and further clarify Ehis amendment that was put on yesterday. The primary use of the revenue -- generated is to fund Illinois Hazardous Waste Clean-up Program. The Program is desioned to address those sites that cannok be cleaned up by the owner and do not qualify for federal superfund program. There are currently nore than eiqhty-nine such sites that will require some State activity, and the number is expected to grow to over three hundred by *he year 2000. Without the revenue generated from khis feey there Wil1 be no effective State proqram aimed at cleaning up these sites. This is an agenda, a very important agenda, for the administration, for Governor Thompson and -- and I know that there are those that are opposed *o thls amendment, but I will tell you that it is ur:ent for Illinoiss at this time: to address this very, very serious need. So I would answer any questions that I can: and I will hope that Senator DeAngelis Will further elaborate upon the amendment 126  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 that was put on this bill.

PRESIDING QFPICER: (SENATOR LECHOWICZ) Any discussion? Senator Keats.

Question of the sponsor. PRESIDING QFPICER) (SENATOR LECHOWICZ) Indicates she will yield.

know this is not your amendment, but this thin: about dumping the sludge in the Mississippi River - there doesn't seem to be any time limit on this. It's just until rules are promulgated. As much as I respect the Pollution Control Board for Whatever reason, some of their rules have been very: very slow. Is this an open-ended dump raW sludge or the last of the treatment sludge into the Mississippi River at the proverbial -- for how long?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Macdonald.

Senator Jacobs, I think, can elaborate more clearly . It was my understanding in the committee - that's where this amendment was put on that there are standards being promulgatedz and they will be ready very shortly. This is only a temporary permit for them to do this. So I understand that the -- that the standards are very nearly agreed upon by the EPA and the Pollution Control Board. so I wàll let senator Jacobs further address this, but that was my understandkng, certainly.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Rock Island, Senator Jacobs. SENATOR JACOBS) Thank you. Let's give a definition of sludge in this ease. Okayr sludge, in this case, is the silt or i.e., the dirt that is l27  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990 removed from the water in the process Ehat comes from the river and allows it to go back to the rlver, via -- vis-a-vis a different method than it does now. It currenkly is going into streams, which then go into the river. This allows for an alternative, which allows it to go to a manholer and khen back to the river.

PRESIDING OEFICER: (SENATOR LECHOWICZ) Senator Keats.

I apologize. As a humble garbage collector, I know a little bit about this subject and about -- that's not dirt youdre pulling out. Maybe IIm misunderstandin: something: but I know a litkle about sewage sludge, and maybe I'm just mlsreadinq thise but this is not good stuff.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jacobs.

This is not sewer sludqe. This is water siltation -- drinkin: water. It's the water that you bring in from the Mississippi to drink. It is the silt that deposits from tha: waker that is being allowed to go back as an alternate method. It is not sewer sludge, and I Would agree with you. If it were sewer sludge, we'd al1 be up the river without a paddle.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dudycz'.

Thank you: Mr. President. I quess this is one of the issues khat both the proponents and the opponents are riqht on. -- think Want to address the specàfic amendment that was put in: the Floor Amendment No. 2, which was put in by Senator DeAngelis, and maybe you can clarify this to me, because the the information I received is that although this is for funding l28  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Illinois hazardous waste clean-up programs, it is a tax, and let's not make any bones about It's a tax: and you can dress up any way you want - you can call it vhatever you want. Maybe a qood tax, but it's a taxy and just would like ko note that the following organizations are opposed to Ehe Manufacturers Association, the Illinois State Chamber of Commerce, Chemical Industry Council, National Pederation of Independent Business, the Illinois Petroleum Council, the Illinois Association of Realtors, the Illinois Coal Association, the Illinois Municipal League and khe Illinois Farm Bureau. This tax that is being placed upon the businesses, I guess it includes everyone who stores chemicals that's what information was given to me including farmers, governments, and let's talk about some of those ehemicals. Yese some of them are hazardous waste, but some are chemicals like ammonia, ehlorine, Which is used for disinfectanes or toluene - I'm saying it right - which is a common -- solvent and cleaner that we al1 have in our home. Ethelene oxide, which is a hospital disinfectant. Ferric Sulfate' an Iron Salt. understand there are like khousands of chemicals that are included in -- in ehis list, but they include acetic acid. You know what khat is? Thatls vinegar. Or -- or acetone - for you women who use nail polish, that's nail polish remover. Saccharine, which is sweetener, and sodium hydroxide, which is a common household chemical known as Drano. So I guess# againe I don't know if this is of -- should we vote Yes or should we vote No? I think maybe the right vote on this bill should be a Present vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Macdonald.

Yes. Senator Dudycz, you knoW, I regret that I have parted the ways on this particular bill with all of those organizations that you read cff. Let me make this perfectly clear. This is not 129  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 1990 a tax on anyone. If the taxpayers of this Stake were asked to clean up those entities that are included with the eighty-nine sikes that will require some kind of cleanupz that would be a tax on the people of this State. Those who qenerake the problem ought to be able to clean up thae problem. This is an assessment and it isn't a fee, and this happens throughout government, throughout -- in many, many other instances, and I resent this fee being called a tax. It is not a tax. END OP TAPE TAPE 4

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

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates she Will.

Does this leqislation create an income tax deduction for businesses?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Macdonald.

There -- Lhere ks a corporate tax deduction. ehis legislation creates an income tax deduetion for business. The deduction is based on the amount of hazardous waste rendered nonhazardous or for reducing the amount of hazardous waste generated from year to year. The deduction equals five eents per gallon of treated hazardous wastee as certified by the Illinois Environmental l30  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 Protection Agency. Corporations are currently allowed a federal deduction on income taxes for pollution control equipment. Since this federal deduction is not added back for Illinois income tax purposesr it reduces taxable income for Illinois. In addition to federal tax breaks, corporations in Illinois enjoy a number of sales tax exemptions for machinery and equipment used manufacturing, repair and replacement parts, fuels, equipment, supplies used in manufacturinq processess sales of propertyw or as pollutton control facilities, and al1 maehinery used in coal qasifieation operations. Thank you.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Woodyard.

Yes. Thank you, Mr. President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates she will.

As a matter of some elarification, because I1m getting different answers on this, it's my understanding that farm chemicals and fereilizers are exempt under this. Is that correct?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Macdonald.

Let me read you the exemption. Foods' food additives, and cosmetics regulated by the FDA, items sold at retail or used for household purposes, items used in research or medical facllkties, agricultural fertilizers and pesticides used by farmers or commercial applicators, motor fuels including dieselz heating oi1 and propane, enqine lubricants and coolants. These are the exemptions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Woodyard. 13l  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislatize Day June 21e 1990

It's my understanding that a manufacturer of anhydrous ammonia will pay this fee at the point of manufacture, if it's stored theree and it darn sure is stored there. NoW the fee is not going to be imposed down on the -- on the fertilizer dealere but it's my understanding that is going to be opposed -- or imposed at the point of manufacture, khich you then create a passthrough, certainly down throuqh the dealer and to the to the individual farmer. NoW if that's an exempt material, why are we -- or imposing this fee at the point of manufacture?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Macdonald.

If it collectively becomes a problem, which apparently it is at that source and at that site, then it has to be regulated .

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Woodyard.

Well it's not a problem at that point of manufacture, but it's my understanding - and 1911 give you an example. There is a major manufacturer of anhydrous ammonia, which is manufactured from natural gas, in Tuseola, Illinois. They store this material underground in -- in huge quantities, because it's of a seasonal use. It's my understandin: that Quantum will pay this fee, because they are manufackurinq anhydrous ammonia, and and if that's not a fee that is passed on -- on to agrlculture, don't know what is. And also: if it applies to those farm fertilizers, Would not these other exemptions fall under the same category? If - - if they're storing this material, say in food processing, and have people Who manufacture salami skins and weiner skins, and evidently they're going to be -- the fee imposed on them. That's a food product that does require some of this material for its l32  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21z 1990 manufacture, and yet food and food products are in the exemption. It looks to me like the exemptions are not really an exemption. Well, the second question, though: after the fund is created -- in my district there are four projects -- projects -- clean-up projects. Two of those involve landfills, and it's -- is lt correct that in the case of the landfill, where -- where remediatîon or the cleanup occurs, and the city does not have the money to pay for that, we will use this fund to come in, do the cleanup, and khen qo after recapture of the money from the city. Is that correct? Is that the way this works?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Macdonald.

Yes. -- would like for Senator DeAngelis, who did add this on -- I understand a great deal about it, but he may have some points of clarification that he would like to make. To your first part of your question, yes, those companies would be assessed a fee, because they are also manufacturinq other chemicals. It is not only those that you spoke of. .Theydre also manufacturing other chemicals.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Woodyard.

Well, my second question, reqardinq...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAnqelis?

I1m sorry?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Addressed ko Senator DeAngelis, then?

Yes, that's flne. 133  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator DeAngelis.

Could you tell me if because certainly, in the case of the landfill cleanup where the city does not have the money, this is not a grant program, because I don't think we changed any of the laW -- the underlying law . Thus, the agency would have the funds to be able to come in and do the cleanup, but they would go after recapture and -- and thus be in litigation against the city, who in turn would have to litiqate against possible generators that put refuse in that landfill fifty years ago. Is that correct?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Xeah, and Senator Woodyard herey 1et me address a couple of the other comments you brought up also, because there was a sheet sent out - and I don't know if it was deliberate or just the fact that somebody misread the bill - but there was a signiflcant amount of erroneous information put on that sheet. There Was a statement there talking about a11 the millions of dollars. There's a kick-out fund there's a kick-out amount in this bill. Once We recapture that money you're talkin: about, the tax starts disappearing, till finally itls -- it's phased out. Okay? The point is that youfre -- you dre imposing khis for a period of time ko go in and do this cleanup, and then, in those instances in which there is time -- or delay in recapturinq that money. you work toward going after those people, because what happens if you donlt is the problem çets Worse. The surrounding area -- the area surrounding the contamination drops in value. The cost of cleanup becomes sreater. So we need something Eo go in there, and as Senator Macdonald so very aptly putz as of June 30th# we do not have a Clean Illinois Fund anymore, and We need something to do  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 it. Now, in regard to the -- let me explaîn this tax. This tax is three-eighths of a cent -- the fee -- the fee. A1l right. It's the fee. Al1 right. Okay, Geo, thank you.

PRESIDING OFPICER: (SENATOR LECHOWICZ) What is it? SENATOR DeANGELIS: First of a11 - and this ks another bit of mksinformation that's out is three-eighths of a cent per gallon on the hiqhest level of inventory on a given day during a quarter. In other wordse if you were to use three millions pounds a yearw you would be taxed on only the amount that represents the highest day's storage. Okay? You would -- the fee would be charged on that. So it's not on the entire three million pounds, as a lot of people would lead you to believe. In addition to that, for those who are very, very substantial generators of the chemical producty We have capped the fee at fifteen thousand dollars, with a maximum of fifty thousand dollars across all facilities. Okay? So it's not a tax that -- it's not a fee that is going to cause a lot problem for anybody. In addition to that, wedve exempted out small employers. We have also exempted out those who have less than ten thousand pounds in inventory. In addition to that, the only tax -- use of the Word ''tax'' in the entire bill, Senator Dudycz, is the tax deduction for those people who cooperate in transforming hazardous materials -- hazardous waste into nonhazardous waste. So what we lre trying to do here is do a comprehensive program to deal with a problem thaE none of us really wants to deal w1th, that ehere isn't really a good solution for. But the fact of the matter, this is the best that we think there is. It's not onerous. It's not excessive, and franklyy we think it's the best way to do it. And by the Way, Senator Dudycz, I'm going to tell my son when he qoes back to school in September, that he is not paying tuitionr he's paying a tax. 135  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2l, 1990

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Woodyard.

Thank you, Mr. President. I guess the answer to my question was yes, Senator DeAngelis, thank you. And last question, and I I'm gettin: different poinks of view on this also - is the Illinois Farm Bureau supporting this or are they opposing?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senakor DeAngelis. SENATOR DeANGELIS: I believe after they found out that the farmers are exempted: if you look at Page 3 of the amendment, it says the exemptions pertain to pestieides and fertilizers stored and handled at a facility for the purpose of eommercial applications: pesticides and fertilizers stored and handled at a central locakion for the purpose of distribukion to retail sales outlets. So, I mean, the farmer is exempt. Now I don't know if that was an oversight or not, but khe farmer is exempt.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Lasalle, Senator Welch.

Thank youz Mr. President. The Parm Bureau from my distriet came eo see me today and said they support this bill. The handout thak was handed out by the Manufacturers Association, the Chamber of Commerce, is -- is tokally misleading, in my opinion. What they said in one of their first sentences is -- is that this money Will be used to fund nonemergency programs that do not warrant increased funding. Nonemergency programs. What's more of an emergency than leaking hazardous waste? And I was able to hand ouE to all of you, yesterday, a list of projects: and it covers just about a1l of our districts. And you miqht wonder why some of these projects in your district are on there when these companies 136  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l: 1990 still exist. Theylre still in business; why don't those companies pay for it? Well the problem is that the State EPA has to send them a notice to start cleaning up, otherwise the State Will clean up and send then a bill for triple the amount of the cost. Wellw the State EPA doesn't have the money to back up the threats khae if you don't clean it up, you're going to have to pay three times the cost. And if all of you will look through the list: you will see that nearly everybody in this Chamber has at least one project on the list. This is in our own interest. It's in the interest of our voters, and the interest of our constituents: and the children who live in our districts. It seems to me that this is something we should be doing for the environment. It's a fee that certainly isn't burdensome. It's been whittled down to the point Where itds not that mueh money. If you recall the Governor's initial package, he Wanted eo raise over five hundred million dollars. So there has been a 1ot of -- negotiation. The amount to be raised has come down. We now have a modest program, but it's a program that's going to help everyone in this Chamber. You know, this same -- this same statement that was handed out goes on to say that khe diversion of funds is :ratuitous and insulting to khe business eommunity. Cleaning up their own waste is insulting? Well, if that's an insult, perhaps it should be so. Put bluntly: this is their job now. Well, they don't have the money to do their job. You can't do the job until you have the money. This is a modest way to start the ball rolling. The return on the investment in this parEkcular bill is going to be tremendous, because what's going to happen is the EPA can send notices ouk to everyone on this list. A 1ot of them are qoing to take action and do their own cleanup. It's going to eause those companies to start cleaninq who haven't been cleaning in the past. Welre going to have more bang for the buck. It's similar eo getbing a -- getting an appropriation wbere there's federal reimbursement. l37  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 This is goin: to be reimbursed by those companies that have to do their own cleanup. I notice not many are paying attention.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Well we could try to get you some attention. Please proceed.

But this is a bill that many of us voted for before. 49 to 3, it passed out of here, and that was the right vote. This is a modest movement on behalf of the environment. It's for the Worst type of waste that you can have in your district, hazardous waste. This is stuff that will kill people. Put bluntly, this is cancer-eausing, and I think all of us should take a step back and say, ' iThis ls a modest bill that will help do a kremendous job.'' And I think we should be voting for it.

PRESIDING OPFICER: (SENATOR LECHONICZ) Centleman from St. Clair, Senator Hall.

I jusk want to ask my seatmate here, is this -- I see I have seven sites in my area, is that correct? That's enough for me.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Macdonald, to close.

Well: Mr. President, think we have thoroughly discussed this bill. As Senator Welch saidz khis bill passed out of here, that meaninq the DeAngelis amendment, Which was a bill over here, passed out of this Chamber with 49 ïeas and 3 Nays. I would say that that was the appropriate vote for Ehak bill to have gone out of here, and was then not called in the House. I thtnk tbat this is a very necessary bill. I Want you a11 to realize that we are talkinq about seriously hazardous Waste, and if you think that people in your area ate concerned about landfills, about transfer stations, about incineration, they are more threatened by hazardous waste and the fact that we need to do something now to 138  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 clean up this situation in Illinois. I urge you to look to you consciences to help us pass this billy which is desperately needed by the State of Illinois. It is a top agenda for the Governor of this State, and for al1 of us who have a serious concern about out environmental issues. So ask for your Aye vote on this particular pieee of legislation. Thank you.

PRESIDING OPFICER: (SENATOR LECHOWICZ) The question is, shall House Bill 3815 pass. A11 in favor, voke Aye. Al1 opposed, vote Nay. The voting is open. Have all voted Who wish? Have all voted Who wish? Please take the record. On this question, there are 39 Ayes, 16 Nays, recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 3826. Senator Daley. Out of the record. 3834. Senator Berman. 3834. Art. Close enough. Put on Recall. 3852. Senator DeAngells. Read the bill.

ACTING SECRETARY: (MR. HADRY) House Bill 3852. (Secretary reads title of b1ll) 3rd Reading of the bill.

PRESIDING OPEICER: (SENATOR LECHOWICZ) Por what purpose does the Lady from Cookr Senator Topinka, seek recognition?

ïes. Mr. President and Ladies and Gentlemen of the Senate, a1l of us at one time or another, especially on the Republiean side, have worked with Linda Harper-Reising, Who is our staff person for the Hea1th Committee. And she is here in the back gallery today with our newest Republican who is her husband 's and hers neW baby, Andrew. And he is there today, and We 'd like to welcome him to the Senate, 'cause hels already analyzing bills.

PRESIDING OFFICZR: (SENATOR LECHOWICZ) Kindly rlse and -- kindly rise and be recognized. 139  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Congratulations and welcome to the Senate, once again. Senator DeAngelis. Aldo. SENATOR DeANGELIS: Yeah.

PRESIDING OFFICER: (SENATOR LECHOWICZ) We read the bill. SENATOR DeANGELIS: Thank you, Mr. President. House Bill 3852 allows townships of under twelve thousand to have township planning commissions in counties outside of Dupage and Cook. As amended, it also has an amendment that Was put on by Senator Mahar that permits some rules and regulations to be included regarding yard waste. This bill of almost an identical nature, that Senator Etheredge sponsored, went out of here with a pretty high vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is# shall 3852 pass. A1l in favor, vote Aye. All opposedg vote Nay. The voting is open. Have a11 voted Who wish? Have al1 voted Who wish? Please take the record. On this question, there are 57 Ayes, no Nays, none recorded as Present. This bill: having received the constitutional majority, is hereby declared passed. 3853. Senator Savickas. Read the bill, Mr. Secretary. ACTING SECRETARY) (MR. NAPRY) House Bill 3853. (Seeretary reads title of bill) 3rd Readinq of the bill.

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

Yes. Mr. President and Members of Ehe Senake, this bill basically exempts intermediate-care facilities for the developmental disabled of fifteen or fewer beds from the Hea1th 140  STATE 0F ILLINOIS 86th GENERAL ASSEMNLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Facilities Planning Board. This Will enable nonprofit facilities to establish these social service settings and assist the State in meetin: the OBRA requirements. The other part exempts Misericordia - a campus facility - from the requirements of the board for a community living aqreement. There was one other part an amendnent that was to be offered. It still hasn't come down. Ie dealt with the fines by the Health Planning Facilities Board. Since that hasn't come, at this point I would move this passage of this legislation, and qo back to the House for concurrence or for conference committee, if that other portion comes in. And 1...

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Any discussion? Question is, shall House Bk1l 3853 pass. A11 in favor, vote Aye. A1l opposed, vote Nay. The voting is open. Have all voted who Wish? Eave al1 voted who wish? Please take the record. On this question, there are 54 Ayesw 3 Nays, none recorded as Present. This bill, having received the conskitutional majority, is hereby declared passed. 3859. Senator Berman. Read the bill, Mr. Secretary.

ACTING SECRETARX: (MR. NANDY) Eouse Bill 3859. (Secretary reads title of bill) 3rd Reading of Ehe bill. PRESIDING O'FICERJ (SENATOR LECHOWICZ) Gentleman from Cook, Senator Berman.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House 3ill 3859, with the amendments khat Were placed on it yesterday and the day before, merely spells out the requirements of cooperation between the person that rents a rental car in the evene of an accident. Amendment No. 2, that was put on by Senator Jones, spells out in just greater detail what those items of cooperation with the renting eompany must be. I'd be glad to 14l  STATE OF ILLINOIS 86th GENCRAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day J une 21y 1990 respond to any questions. Solicit your Aye vote. PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall House Bill 3859 pass. A1l in favor, vote Aye. A1l opposed, vote Nay. The voting is open . Have all voted who wish? Have all voted wh o wish? Please take the record. On this question, there are 56 Ayese no Nays e none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 3875. Senator Holmberg. Read the bill: Mr. Secretary .

ACTING SECRETARY: (MR. WADRY) House Bill 3875. (Secretary reads tikle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Holmberg.

Thank you, Mr. President. Tbis billy which amends the Vital Records Act to require notification to the next of kin before a permik for disinterment can be issued, was on the Kgreed Bill List. I did take it off and added an amendment which requires the Health Facilittes Planning Board to restrict the nunber of new and expanded beds for treatment of mental illness in areas where a surplus of treatment beds exist. This is -- this amendment is agreed upon by the Department of Public Eealth, the Department of Mental Eealth, the Citizens Assembly, the Council on Mental Hea1th and Developmental Disabilikles. I'd be happy to answer any questions. If not, I'd ask for a favorable roll call.

BKSXIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Questlon is# shall House Bill 3- 8-7-5 pass. All in favore vote Aye. All opposede vote Nay. The votinq is open. Have all voted who wish? Have a1l voted wbo Wish? Please take the record. On this question, there are 57 Ayes, no Nays , l42  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 none recorded as Present. This bill, having received the conskitutional majority: is hereby declared passed. House Bill 3891. Senator Davidson. Read the billr Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3891. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LCCHQWICZ) Centleman from Sangamon, Senator Davidson.

Mr. President and Members of the Senate, this bill is in a position we kant to get to a conference committee because meetings are goin: on bekween the Department of Insurance: insurance companies and homeowners and homebuilders: et cetera, trying to work out a -- an agreement among al1 of us. And the assurance of the House sponsor they will non-concur. We won't recede. This will put it in a conferenee committee. If We can get it done by June 30th, we will. If not, it'll be in position -- heartngs during the summer and welll address it in the Veto Session. I'd appreciate a favorable vote.

PRESIDING OFPICER: (SENATOR LECHUWICZ) Any discussion? Senator Rock.

Thank you, Mr. President. Well, I expressed some skepticism and some concern in committee. And I don't certainly want to deny anybody the opportunity to have more meetings and -- and kry ko arrive ak some solution, but allow me to ask, is it still the intent to put the State ln the business of purehasing these pieces of property?

PRESIDING OFFICER: (SENATOR LZCHOWICZ) Senator Davidson.

l43  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 Not at this time. That's what the meetings are going on about -- to see if there can be set up a fund an insurance fund or whatever escrow fund that if the property owner and -- voluntarily wish to pay in this fund to address the reduction in value of their house, they can. And thatls What this ongoing discussion is going about, and this.is the request of all the parties concerned, particularly the sponsor of the bill in the House.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Keats. SSNATOR KEATSZ Followin: up on Senator Rockfs train of thought - he answered -- asked my first question. The second one is, in the areas west of our - particularly Senator Zito's district, Senator Topinka's, eastern Dupage, Senator Kustra - we have minor problems with flooding. Now I admit it's the -- the cause of our municipal officials and their ineptness, which has something to do with *he subsidence problem. Would these people caught in this flooding problem be treated the same or -- or would this -- or would the people ln the mlne subsidence problem be getting a benefit or protection not offered for those in flood zones?

PRBSIDING OPPICER: (SENKTOR LECHOWICZ) Senator Davidson.

Well, to my knowledge, it won't address anything in a floodplain, 'cause it has nothinq to do with iE. This -- *here 's thirty-four counties where they exist in Illinois where more than one percent of the county 's been underminedz and it's mandatory in your homeowners insurance that this coverage be offered to you unless you actually sign, rejectlng it. And all welre trying to do is to address this problem. ïour floodplain problem would have to be addressed in another bill, in my -- in my opinion. 144  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION l SENATE TRANSCRIPT 10/ 6thLegislative Day June 21, 1990 PRESIDING OFPICER) (SENATOR LECHOWICZ) Senator Davidson, to close. SENATOR DAVIDSON: Just appreciate a favorable vote. PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall House Bill 3-8-9-1 pass. All in favor, vote Aye. All opposed, vote Nay. The voking is open. Have all 1 v1 oted whowish? Haveallvoted Who wish? Please take the record. On this question, there are 52 Ayes: no Nays, reeorded as l Plresent. Thisbill,havin:receivedtheconstitutional najorityy is hereby declared passed. 3897. Senator Karpiel. Read the bfill, Mr. Seeretary. l ACTING SECRETARX: (MR. HARRY) House Bill 3897. (Secretary reads title of bill) ;rd Reading of the bill. l PRESIDING OFPICER: (SENATOR LECHOWICZ) Lady from Dupage, Senator Karpiel. SENATOR KARPIEL: Thank you, Mr. President. House Dill 3897, as amended, requires the Legislative Researeh Unit to submit annually to the General Assembly a report on federal and State assistance available to lok-income persons and families in Illinois. To my knowledge there is no opposition to this bill, as amended. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any diseussion? Question is, shall 3897 pass. All in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Please take the record. On this question: there are 56 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. House Bill 3902. Senator Karpiel. Read the bill, Mr. Secretary. i r 145  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

ACTING SECRETARI: (MR. HARRV) House Bill 3902. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Karpiel.

Thank you, Mr. President. House Bill 3902 does three things, actually. It puts Will County into the provisions of House Bill 963, which was passed last year, dealing with bike path legislation. It also says that if a forest preserve district in Will County or Kane County - it's limited to Will and Kane condemns property or -- or goes to court to -- on a condemnation suit for property, that the property owner must then okay them dropping the suit if they Want to do that. And thirdlyp it -- it amends the Local Governmental Employees Tort Immunity Act by adding forest preserves, except Cook County: to the immunity provàsions for officers and employees. This language is identical to language used in the School Code and Park District Code. And ask for your Aye vote.

PRESIDING OFPICER: (SENATOR LECHOXICZ) Is there any discussion? Question is# shall House Bill 3-9-0-2 pass. All in favor, vote Aye. Al1 opposed, vote Nay. Voting is open. Have all voted Who wish? Have a1l voked who wish? Please take the record. On this question, there are 59 59 Ayes, no Nays, none recorded as Present. This bill, bavin: received the constltutional majority' is hereby declared passed. 3949. Senator Weaver. Read the bill, Mr. Secreeary. ACTING SECRETARY; (MR. NANRY) House Bill 3949. (Secretary reads title of bill) 3rd Reading of the bill. l46  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Champaignz Senator Weaver.

Thank you, Mr. President and Members of the Senate. House Bill 39 -- 3949 amends the Sanitary Distràct Act of 1917, and the River Conservancy District Act. Basicallyr it simply clarifies the language of the Statutes and conforms it to the deeisions of the Illinois courts. Alsov Senator Hawkinson put in an amendment yesterday that would protect a petikion creating a river conservancy district in his district. So if there are any questions, 1111 be happy to try to answer them.

PRESIDING OFFICER: (SENATOR LCCHOWICZ) Any discusslon? The question is, shall House Bill 3-9-4-9 pass. A11 in favor, vote Aye. A1l opposed, vote Nay. The voting is open. Have all voked who wish? Have all voted Who Wish? Please take the record . On this question, there are 58 Ayes, no Nays, none recorded as Present. This blll, having received the constitutional majority, is hereby declared passed. On top of Page 15 appears House Bill 3-9-6-2. Senator Dunn. Read the bille Mr. Secretary.

ACTING SECRETARY: (MR. HAQRX) House Bill 3962. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman for Will, senator Dunn.

Thank you, Mr. President. This deals with *he Governor's technical changes that he Wanted last year. And there are about three amendments that basically change the money dealing with the State Police and the Gaming Board and where the money goes. It's at the Governorls request. It also contains the riverboat l47  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legkslatïve Day June 2l, 1990 gambling for Will County in 1992. I urge a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question isy shall House Bill -- I'm sorry. Senator Demuzio. Senator Demuzio, please. Demuzio. He's up there in the corner.

Is this -- just kanted to ask the sponsor a question, if might.

PRESIDING OFFICER: (SZNATOR LECHOWICZ) Indicates he dll yield.

Is this include -- is this a technical change? Does this put the five-hundred-dollar cap back in now?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.

No .

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio. senakor Dunny to close. Question ise shall House Bill 3-9-6-2 pass. All in favor, vote Aye. Al1 opposed, vote Nay. The votin: ts open. Eave a1l voted who wish2 Have a11 voted who wish? Please take the record. On this question, there are 36 Ayes, 18 Noes, 3 recorded as Present. This bill, having received the conskitutional majority, is hereby declared passed. 4-0-6-1. Senator Topànka. Read the bàll, Mr. Secretary. ACTING SECRETARY; (MR. HADRY) House Bill 4061. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Cook, Senator Topinka. SENATOR TOPINKA) 148  STATE OF ILLINOIS 86th GENERAL ASSSMBLX REGULAR SESSION SENKTE TRANSCRIPT 106th Legislative Day June 2l, 1990 Well, Mr. President and Ladies and Gentlemen of the Senatez this is the Tax Amnesty bill, which the amendment yesterday that we put on became the bill. It's exaetly as it was When it was Senate Bi11 2-1-1-6, with some exceptions that I think are relevant and also extremely good. Pirst of all, the amendment differs in the following -- in the first bill, it was the the tax amnesty monies were to go to the Department of Mental Health for the Mental Health Fund. And I think We agreed yesterday that it was kind of bad policy to be giving a one-shot influxion <sicp here of money into a continuing program that needed it on an annual basis. This changes so thak *he amnesty would indeed go to the -- the various pension funds, which are now grossly underfunded by the State: and somethinq that we promised that we would do this Session, so we kind of live up to a promise, which is really rather good. Also, it says that taxpayers who participated in the 1984 amnesty would not be eligible to participate aqain, so that they don't continue their bad habiks. Also, wedve changed some of the penalty rakes in terms of failure to file. In the neW bill, failure to file kould now. be five percent. Failure to pay it would still be the same fifteen percent was in the bill that passed out of here -- when we it was a Senate bill. The failure to pay trust taxes would be ten percent. And negligence of penalties would be ten percent. According to khe Department of Revenue, the following groups Were involved in negotiating the new version of the penalty and interest ehanges. They included the Illinois Retail Merchants Association, the Taxpayers Federation of Illinois. the Illinois State Chamber of Commerce and the Illinois Manufacturers Association. So everybody is pretty Well in order on that. I think it's a very good bill. I think we discussed significantly yesterday When the amendmenk became the bill. However, I'm open to questions, as I'm sure is Senator Schaffer, 149  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislatkve Day June 2le 1990 who introduced the amendment. And I would solicit an Aye vote.

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

Thank you, Mr. President. A couple of points - one with respect to the changes that were made on the penalty and interest provisions, which are the very technical provisions of the Act. As I indicated yesterday, I think that the adjustnents are a step in the right direction, very much. They've reduced the penalty on some provisions thak ought to have had it reduced on - such as failure to file or negli:ent filin: of returns. I would like to make one point clear: because I've had subsequent discussions with the Taxpayers Federationw and I think it was mistakenly represented that they had signed off on a1l of those changes. That is not true. They are still engaged in ongoing negotiations on some of the contents of it# and may or may not end up supporting it. But they -- it is quite clear that they do nok at the present timey because that is an ongoing process. Just a couple of comments - and I -- think I have now said them before on the amnesty part of it. I am not going to vote for the bill, and I realize this is not an easy vote at this point. The amnesty provisions are in better shape, Senator Schaffer - thanks to your amendmenk than they were in your original bill, both because those who had amnesty five years ago are goinq - hopefully - to be denied it - at least the bill so provides this time and also because the money is not deslgned to go to an ongoing program. But, number one, if anyone thinks that thls is going to solve the pension funding problem - even kor this year - that is the fact that We are not funding Senate Bill 95, which we passed last year this will not do The most optimistic forecasts are forty-five million dollars - forty to forty-five. They Will not a11 come in at one time. They will be spread over five systems. l50  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRIPT 106th Legislative Day June 2l, 1990 And they also set us up for what Governor Thompson did to us this year, which was ko take thirty million dollars out of another fund and substitute it for the State's reqular commitment to fundin: the pension funds. So that I don't think that anyone who has any illusions that this is goin: to solve the pension funding problem ought to retain those illusions. The final point is - and I'm -- I have to repeat this again - tax amnesty is a -- is a major issue and a major concern at any time. For a state to do it two times in a six-year period is absolutely dreadful tax policy. We do not know of any other state in this eountry that has had a seeond tax amnesty program so short on the heels of the first one. It's bad enough one eime, but defensible under some circumstances. really is not defensible only six years after the first one. It really tells too many honest taxpayers out there that ''We are going to put the burden on you - those of you who are honest and pay your taxes on time and as *he 1aw requirese but we are going to give those who do not pay their taxes on time, and as the law requires, an opportunity to get off the hook. -- absolutely repeat over and over again, folks, that is not the way to set up a good , fair and efficient tax enforcement system.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from McHenry, Senator Sehaffer. Frank.

I had some dim hope that Senator Netseh might be won over, but I see my hopes have been smashed once again. I think the bill, in its present form, has addressed al1 Ehose problems I think that can be addressed, unless you philosophically have a problem With the concept of a -- an amnesty. Would point outz however, that between the firsk amnesty and the second amnesty we passed a rather comprehensive rewrite of the sales tax law, and there are literally thousands of people out there who are affected for the first time by that. Many of whom are still finding out on a dally l51  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21r 1990 basis that they have a liability out there that they never dreamed they had. And one of the purposes of the second amnesty is to give those people, who I guess - in my opinion - through no fault of their own, find themselves staring at considerable tax liability because of the change in the law. NoW I understand that ignorance of the law is no excuse. So that I guess jusk because they don't follow the minute details of what we do down here they are, in fact' guilty, but does not seem to me to be an unreasonable or inhumane thing to do to -- to open amnesty up again in the face of that rather masslve rewrite that we did a couple of years ago, which wetre still rewriting, I notice. The other concern I have, quite frankly, as we move through this -- the final hours of this Session and the budget starts to come together, once again the area that is forgokten is the pension funds. I think Senator Schuneman very eloquently yesterday pointed out that I guess every one of us feels that's the next watches crisis - it's not our problem, because it -- tbe house of cards isn't going to come down while We're on duty. But it's going to come down someday. And if we can't find the -- the courage to at least make an attempt to put some additional dollars in the budget this year for the Pension Pund so at least move as close as we can to funding Senate Bk11 95. next year the tab is two hundred and some million. The year after that it's three hundred and some million. And I don 't see this General Assembly increasin: the State income tax half a percent just to for pensions. I just don't see that as ever happening. I really have to say I think this is the last chanee for pensions. This is the last chance that this General Assembly is going to do anything before that crisis comes on the horizon. I don't think that crisis is here in this year or next year - maybe not for two or three years maybe not even during the next term of whoever's elected Governor. But I think al1 of us knok it's out there. And 152  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990 I I would not like to be remembered as someone Who sat in the Legislature for a long period of time and sat back and watched the pension funds qo to blazes. That's khy I thought it Was a qood idea to put this money in. admit it won't do the complete job. Ie's only part of the solution, but it is a step in tbe right direction. And I'd like to see us put this bill out: and to the degree possible, keep this money in the pensions and see that it's used to supplement whatls already there.

PRESIDING OFFICER: (SENATOR LECHOWTCZ) The Gentleman -- Senator Demuzio.

Rescued -- thank you. Let me just say that Senator Jeremiah Joyce had made a reference when this original eoncept was here earlier in the Session about who are these individuals that are going to be able to participate in this second -- in this second coming - this second opportunity of having tax amnesty. A comment was made just yesterday and the day before that the revised estimakes for the amnesty program was revised down from seventy million dollars down to fifty million and noW wedre talkin: about thirty-five to to forty million. Somebody obviously out there has some idea as to who's going to qualify for the Tax Amnesty Program the second time around. The -- in terms of -- of public policy, I don 't think it makes -- makes mueh sense ko do the amnesty the second time around. I I am somewhat troubled, however, by the fact that the proceeds would go, kn facty into the pension fund. And I guess today T suppose Ehat for me, I'm going to rise in opposition to this -- to this bill and suggest that we ought to come back in January and perhaps really talk about what needs to be done in the pension systems in January of next year. Wefre going to be facin: a revenue shortfall of about two hundred and three million dollars in those funds just to begin what we attempted to embark upon for this year. Nknety-five millkon 153  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 186th Legislative Day June 2l, 1990 dollars that we attempted to put in this year is not going to be there. Welre just compounding our problems. But I -- I just think this thing sends the wrong siqnal, and I rise in opposition.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

A queseion of the sponsor, Mr. President.

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

Senator, I've heard various estimates of - and I assume these came from the Department of Revenue - as to what the expected yield is for this bill - both in its original form and now in the form that would exclude those people that -- who were afforded amnesty earlier. And as -- as I understand, the original estimate was like seventy million dollars, and now the estimate is forty-five million dollars. My question isz does the difference between seventy million and forty-five million represent the number of people that -- or the number of taxpayers that have already been granted amnesty and now owe the State that amount of money? I mean thak's what...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

.. . that's what those numbers would tend to indicate. But I -- can't believe that would be the case.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Topinka, please.

To -- to Senator Schuneman. The seventy-million-dollar figure that was a part of the previous amnesty program came from the Department of Revenue, and since they 'd had more tine to work this l54  STATE OF ILLINOIS 86th GENERAL ASSRMBLY ! I REGULAR SESSION j SENATE TRANSCRIPT 106th Legislative Day June 2lz 1990 up, that's what they came up with . In this neW revised form, it's a little looser in terms of how many are out there. The Economic and Fiscal Commission to the Department of Revenue to us says thirty million. So it's somewhere in there, and I don't think we really know.

PRSSIDING OEFICER: (SENATOR LECHOWICZ) Senator Schuneman.

Did -- at any time, did the Department of Revenue give you an estimate of the amount of money that is now owed by taxpayers Who were earlier granted amnesty?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

The Department of Revenue, who stands right by me here, says we don 't have -- we don't know that yet.

Okay. Thank you.

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

Mr. President, Ladies and Gentlemen of the Senate: sometimes half a loaf is better than none. And we have -- We have not taken care of the pension funds like we should. And I believe that we took in about a hundred and twenty million dollars When we When we had our first big amnesty bill, and I khink ltls become ik's incumbent upon us to make a start, and I think it's a great idea to gkve it to the pensions. Knd I think it's needed. Knd I can remember When a prlor Governor, many years ago, said he was qoing to fund the teachers' pensions and -- when he was running for office, and then the minute he got in, forgot a11 about it and defeated it when we tried to do it. So I think it's a step in the l55  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 186th Legkslative Day June 21, 1990 right direction, and I think we should support it, because even thouqh I pay my taxes and you pay your taxes, there are going to be people who are slow, but then the other part is the people who did qet the amnesty before are not entitled to get it now. So would ask for a favorable vote on this amendment.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Macon: Senator Severns.

Thank youz Mr. President and Members of the Senate. Would the sponsor yield for a question? PRESIDING OFFICERI (SENATOR LECHOWICZ) Indicates she will.

I think a second amnesty program is folly fiscal poliey. However: we have not met our obligation on Senate Bill 95. Would you answer specifically how the estimated revenue to be generated from this - if i: passes - is to be divided, and specifically how much is targeted to go into the Teachers' Retirement System?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

Res. If I may defer to Senator Schaffer on that one.

PRESIDING OFFTCER: (SENATOR LECHOWICZ) Senator Schaffer.

The answer ko the question is that money that's allocated to the Pension Fund is then distributed to the several pension fundsy based on their proportionate size in relation to the total indebtedness of the several pension funds. And in amount of dollars golng to the Teachers' Fund specifically obviously would depend on how many dollars came in from the amnesty. But it's Eafe to say that the Teachers' Pund: being the largest pension l56  STATE OF ILLINOIS 86th GCNERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 fund out there and I believe hàvinq Ehe largest unfunded liability would be the prime beneficiary of what we're doing. And I would point out, while estimatin: the amount of money that we're going to make on this is difficult, that the lase amnesty far exceeded the estimates - which turned out to be very conservative - that were originally projected. I didn't think it Would take in the amount of money that it finally did. So I think - particularly in the face of the number of new people coming on line because of the sales tax reform - there -- there -- Ehe estimates here may in fact be conservative. But I think tbat's the way we ought to operate. The -- the exact dollar amount can'e eell you, but the -- the larger the indebtedness: *he more money they get. That's the way it's been explained to me.

Senator Severns.

The percentage qoing into the Teachers' Rekirement System then should be available if the exact - obviously the exact dollar amount is not available. What is the estimated perceneaqe that will go into TRS?

Senator Schaffer.

Frankly, many of the number crunchers kho would supply the figures would prefer to have these monies unallocatede and thus far I have not gotten those percentages. Ilm sure as We pass the bill, khose percentages will be forthcoming. But they're -- thus far I do not have them; I'm just told it's a proportion. A11 can say is the Teachers l Fund is by far the largest - has almost twice the unfunded liabiliey of the other major system: Which is the State Employeesê. Theyfre the big winners - there 's no two ways around it. 157  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21# 1990

Further discussion? Senator Holmberq.

Thank you, Mr. President. To the bill. Senator Rock and were the original sponsors of the first Tax Amnesty Program, and we estimated about sixty million dollars would come in, and we received about a hundred and sixty-four and a half. Way beyond our expectations - youdre right, Senator Schaffer. When I spoke to some of my business corporations that parEicipated, they said there was only one problem with that particular program, and that is that we chose to run for two months. Most other States had it as a three-month program. And since we were just the second state to try it# many businesses that operate nationwide and eould have kaken advantage of the program, did not find out about it in time, and they felt thak there was a lot more money out khere that would be forthcoming had we extended it for that month. My guess is We may pick up some eompanies like that by doing it one more time, and I stand in favor of the program .

Further discussion? Any further discussion? Senator Netsch.

Thank you, Mr. President. Let me add two points. One is, think everyone should remember about that first amnesty program. If you look at the breakdown and analysis of where the money came fromz the overwhelming majority of it eame from businesses, from large corporations, and almost al1 of them had unitary obligations. That is no longer part of the process. We may under- or over-eskimate, but we are not going to get that kind of money, because we do not have that unitary thing holdin: out there. The other point I would like to make is that there is as far as I can see - nothing in this bill khich says the proportions that are going to go to the retirement funds. It just simply says 158  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislatkve Day June 21# 1990 that any required allocation to the General Revenue Fund shall be kransferred to the State Pension Pundsw after khe Department of Revenue has taken three percent off for administration. So I don'k see - unless it's someplace else in the Statute books - any kind of a -- a specific allocation required. The -- think you -- you ouqht to be aware of the fact that -- that even if this meeks your revenue estimates, it is not going to come anywhere close to meeting our obliqation under khe bill that we passed last year. And no one is more committed to meeting those obligations than I am, because it was my bill in khe firsk place. But this isn't qoin: to do it.

All right. Senator Topinka, to close.

Well, Mr. President, as you know, these Chambers - b0th the House and the Senate - gamble a 1ot around here. And I think, you know, we got a riqht to throw the dice on this one too, to see just how much money wedre goinq to get in. It -- is questionable how much wedre going to qet in. But anythin: to benefit these underfunded pension funds, which we knowingly have underfunded here, is a help. There is no question that it's not going ko solve the entire problem. It's not. But it certainly is a skep up , and it is a commitment. I would agree that -- with Senator Holmberg, I think she makes a qood point, that We may have cut the last amnesty program maybe a little too short. This gives those people who didn't partieipate in *he *wo monEhs that was out there a little more time to play. In answer to your question abouk the fact that there is nothing in the bill that determines percentages of distribution - there is nothing directly in the bill, but it dutifully notes that the Bureau of the Budget administers this program. And they indeed have a locked-in formula which determines the percentages. So it will follow that 159  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SCSSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990 formula which is already there. And they will take care of that. think there's something else in this bill Which I neglected fo mention in the first place that is very sound policy in terms of hoW were operating revenue, and that is at present we have six different interest rates and thirty penalty rates. This particular bill now Will cut that down to one interest rate and five penalty rates. It's cleaning it up. It's making it tighter. It's naking some common sense out of our revenue programy which right now I think defies description. It's a good bill. We can only win by using it. And let the chips fall where they may in kerms of the numbers. But anything could be of helpr and it's abouk time we started on our pensions. 1 would ask for a positive vote.

Question is, shall House Bill 4061 pass. Those in favor Will vote Aye. Opposed, vote Nay. The voting's open. Have a11 voted vho wish? All voted who wish? Have all voeed who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, 2 Nays, none voting Present. House Bill 4061, having received the required constitutional najoriey, is declared passed. 4124. Senator Marovitz. It's on Ehe Recall. I didnlt see If -- if it's on Recall, you better let the Secretary know. We don't have any record of it up here. 4140. Senator Marovltz. 4-1-4-0. Read the bill, please.

ACTING SECRETARY: (MR. NAQRY) House Bill 4140. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. 160  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21y 1990 4140 is a bill that We passed about three Weeks ago four veeks ago - having to do with the Child Accldent Prevention Act, Which says that if somebody keeps a loaded firearm around and there's a and they know that there are little children around, Ehat they would have the responsibility of securing their loaded firearms somewhere where the little child couldn't -- couldn't get it. And if they didn't do that and somebody was shot or killed, they could be guilty of a Class A misdemeanor. The National Rifle Association asked fack they told Senator Fawell and Senator Hawkinson - asked them to reduee it Erom a felony to a misdemeanor and that they would support the bill. We did reduce it from a felony to a misdemeanor, and then they Went back on their word and did not support the bill. Since we passed this legislation, three more kids in this State have gotten killed. I passed around an article Which says, 'fsummer qun play,'' - and this was in the State Journal Reqister this Monday - State -- ''Summer gun play leaves many children dead. Summer's the season for ice cream, baseball, bike rides and a11 too often accidental shootings involvin: children. Every summer hundreds of children are killed or injured while playàng with handgunsy which often belong to their parents or friends' parents,' said Bob Scully, president of the National Association of Police Organizations. Just last Monday, Gary Morrissey, thirteenz of Taylorville - right in this district died of a gunshot Wound to the head suffered while he and three other youths were playing with a 20-:auge shotgun belonging to one of the youth's parents. In April, nine-year-old Jake Randall, also of Taylorville, shot himself while playing at home with a rifle belonging to his parents. Dewey Stokes of -- the National President of the Fraternal Order of Police, says, ''Parents must take safety precautions to unload and lock up their handguns sc that their children aren't exposed to handgun danger in the homeso'' Many of you :ot a call from our former colleague, Randy 16l  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Thomas, whose little boy was unfortunately and tragically accidentally shot and killed With a handgun in a neiqhbor's house that was left out. All this legislation is is basic common sense. Many of the gun owners that I've talked to who originally called in opposition to the bill, and I saide ''Do you leave your guns out loaded for when there are little kids around?'' They said, ''No. Who would do that? Who would do such a silly thin: like that?'' Well, that's all this legislation does. And when it passed in Florida, as I mentioned before, the state was sold out of trigqer-lock mechanisms. People bought the trigqer-lock mechanisns; they were educated; and that meant fewer accidents. Thatls what the gun shop owners said about the passage of this 1aW in Florida: where the NRA supported it, and Where it's a felony. And here it's only a misdemeanor. The NRA also supported it in Wisconsin. Ladies and Gentlemen, I think ehis is basic common sense. It worked in Florida. It educated people. How many more kids have to die before we do somethinq that's just basic common sense? This legislation was defeated in the House yesterday. It is my belief that if we pass this legislation that we ean pass it in the House. My gosh, if it was good enough to pass three weeks aqo, and kids have died since then, what would have chanqed your mind about voting for a bill with ktds dying after you voted for it khree weeks ago? And I solicit your Aye vote. PRESIDENT ROC:: Discussion? Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, this 4140 bill started out as a home repair bill, and I don't know how the -- he Was able to put on an amendment referring to criminal law on it in a different Section of the Seatute. However, ycu cannot le:islate asainst stupidity nor ignorance. If everyone if anyone 's going to leave a loaded gun around, what are we qoing l62  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 1990 to do? The poknt (s to educate people what to do with guns. But if this is another backdoor by my colleague over there - much as I love him - to bring in gun control, I still believe in law-abiding citizens have the right to use their guns when they need to *o protect themselves and their families and their homes. And this by by -- by-the-way effort to sayy l'We1l, you got to lock your qun/' it's just ltke a reporter, Andy Shaw, said When we went on TV with him. He said, ''Wel1# if the gun is locked and I hear somebody breakkng in my housey When am I going to get time to open up the lock and take care of my family?'' think this is ridieulous. speak against this bill. PRESIDENT ROCK: Further discussion? Senator Watson. SENATOR WATSON: Yesy sir. Thank you, Mr. President. I too rise in opposition to House Bi11 4140. Thls was a bill that did pass out of here several weeks ago, as Senator Marovitz has mentioned, but 0ne -- and he did mention that the bill failed in the House. One thing he didn't tell you is it only got tblrty-six votes. He needs twenty-four more votes the House to even give it a chance of passage. So I think Wedre kind of wasting our time here kn debating the legislation again. He he also talked about the Florida legislation and -- and it's true, they did pass a bill Buch as thks. But the major eonponent of that tegistatton Was an education provision. And that's really what we ought to be doing, is educatlns youn: people as to how to handle a firearm and and the dangers of firearms. We -- legislation like thls Just slmply doesn 't work. And I don't know if you recall that -- when we -- before, when ke debated the billy the National Safety Council had literature on really -- deaths by poisons is three times greater; by drowning, three and a half times greater chance than -- than would be With a firearm. I neany lf we 're -- if wetre going to l63 >.  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 solve some problems, maybe those are the areas that We need to be addressing, and not necessarily the -- the firearm issue. And agree with Senator Geo-Karis that a proper vote here is No.

Further diseussion? Senator -- Sena*or Dudycz.

Thank you, Mr. President. Ladies and Gentlemen of the Senate, yesterday we passed House Bill 3838, which will award an additional three months' good conduct credit to incarcerated / felons, including armed robbers. And then just today We passed House Bill 3167, which will inerease good conduct credit, to inmates who atkend class khile in prison, by an additional ninety days. And noW weere golng we're going to be turning a law-abidin: citizen into a criminal because he keeps a firearm in his dresser drawer. Well, I -- I don't know whak nessage we're sending out there to khe communities - to the public - but I think we a1l owe a lot of explanations to our constituencies when we go home this weekend. PRESIDENT ROCK) Further discusslon? Senator Joyce. SENATOR J.J. JOYCE) Thank you -- thank you, Mr. President. I -- I rise in support of this. I think that it's been said here khat what We ought to be doing is traininq young people in the use of firearms and that sort of thinq, and that's al1 true. It's al1 very true. But what if -- what lf your nekghbor's kids come lnto your house, and he didn't train them in the use of firearms? And he pulls open your dresser drawer and finds a firearm that's loaded and does some -- something, you know, God forbid, to one of your kids or anybody 's kids. So I think it's just -- if common sense tells us we ouqht to lock up those guns, then people, you knowz it's just nicer to have it on the -- on the books. The -- the -- you know, We say 164  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 that people ought to do this, but sometimes they just don't, just because they don't think about it or somethlng. But it's -- itfs the law and they read about maybe they would, and we miqht save a few lives. And I think that Would be korthwhile.

Further discussion? Senator Jacobs.

Thank you, Mr. Presidentw Ladies and Gentlemen of the Senate. You know, there's a lot of discussion about beinq skrung out again and everything. And none of us like to be strung out on a bill of this magnitude, especially for a 1ot of us downstaters again and aqain. But yet, it's -- itds also the point that the issue doesn't change. The issue still is -- is that young people are gettin: killed and it's not necessary. It's not necessary. It's a lousy five bucks to put a -- a trigqer-lock on. And don't understand why we can 't get our fellows in the Housee and I don't understand why We have opposition from al1 of the parties thae we seem to have it from . But this bill -- we -- we talk about mokoreycle helmets. Ke talk about everythin: else, and here's one that is truly, truly a issue that We can resolve very simply, cost-effeetively, and save lives. I think it's somethin: that we should vote Aye aqain for the last time.

Further discussion? Senator Jones.

ïeah. Thank you -- thank you, Mr. President and Members of the Senate. I rise in strong support of thls legislation, simply because - as it has been previously stated - too many younq people have been killed. We talk about the City of Chicago -- we talk about education. The young people are receiving a very poor education now, and khe parents many of the parents are uneducated, so how are you going to talk about educating a young l65  STATE OF ILLINOIS 86th GENERAL ASSPMNLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2l# 1990 person as it relate to a gun? In my community, and on the West Side and the South Side# children are dying by the thousands. And again, as Senator Jacobs pointed out, we always are mandating protection for children. Riding motorcycle -- With helmets for them, but if you cannot protect khat child who happens to walk inko another person's home with his friend and start playing with a gun and accidentally get killed, then we aren't doing our job here. Every day you piek up the newspaper, some young person has been shot accidentally or -- or maybe just playing with a 9un or taking that qun in an attempt to commit a robbery or something of that nature. No black person Who represent a black constituency should be against this legislation: because too many of our young people have died as result of these -- these guns, be it a shotgun, be a handgun. And I think We should stand up and be responsible. We should protect themy as we try to protect them in all other manners. And I urge an Aye vote on this bill.

Further discussion? Senator Brookins.

Thank you, Mr. President. I was going to try to set this one out and be quiet on this, but I candt. Every member -- every member of khe minority caucus - the Black Caucus in the House of Representakives - all but two, opposed this legislation and voted against it. And the reason why they voted against it is because they know that this 1aw will not be enforced equally and fairly in their comnunity and in their dkstrtcts. And I know the same thing that will happen. It will be enforced doubly in our district. We will Make eriminals out of law-abidin: citiaens. secondly, therels no purpose in having any tool locked up and then in not to be able to use it when you need it. And that's What a gun is. That's what a weapon is. It is a tool. It is a tool to be used and be used correctly. And with proper trainlngy that can happen. l66  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 21, 1990 I rise in opposition ko this. It is a bad bill. Itfs a bad idea. And it will -- will affeet our communities worse than -- than other communities.

Further discussion? Senator Davidson.

Mr. President, I'd like to ask the sponsor a question, and then I'd like to speak to the bill.

Sponsor indicates he will yield, Senator Davidson.

Is a trigger lock necessary on any weapon, or only those weapons that are loaded?

Senator Marovitz.

A triqger lock isnft necessary at all. It's just one of the methods that could be used to secure the weapon.

Senator Davidson.

Thatds not my question. My question to you Was, is the krisger lock - I understand it's one of them as is a locked box and et cetera - is a trigger loek, under ehis laww required on a weapon that ls not loaded?

Senator Marovitz.

No .

Senator Davidson.

167  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Mr. President and Members of the Senate, couple of things need to be brought to your attention. Pirst off, one of khe examples quoted by the sponsor of this bill dealt with an aecldene whieh happened in my distrlct. This bill would not apply. The two children broke into a locked gun cabinet. Secondly, one of the other speakers in favor of this bill spoke about young people are killing theirselves by the thousands. That's a flak false statement. Last year or two years a:o on -- according to the statistics given ko us by the National Rifle Association and the National Safety Councilz between the ages of five to fourteen was a two hundred and twenty deaths total in the fifty United States, so let's not embellish it any more. But lastly, we have debated khis thing around. Education - how to handle a gun - is the most important thing. Some of you are fortunate enouqh to have grown up with a father who educated you. wasn't my good fortune to have that, 'cause my father died when I was seven. I got my first rifle when I was seven, by selling Cloverine Salve. Fortunately, I had a very good retired farmer friend who taught me gun safety and took me hunting and taught me how to be a good hunter. This absolutely is tiltinq ak windmills by the sponsor. Again: for whatever reason - has to be his reason; it's eertainly not mine. Now this bill's been debated -- been defeated in the House. The sponsor knows this bill will suffer the same purpose àn *he House if it goes back for concurrence if We pass it. And itls certainly not to our advantage to pass it. Now let's quit tryin: to beat innocent people. How would you llke, if you were the owner of a firearm - which I am and many of you in here are - and someone out of your family or someone else broke in - used your gun - had an accident, then you 'cause in this bill, the civil penalties are still in place - triple damages - and then to compound the injury, you could be sued under the Civil Wrongful Death Act. Xou better look at a11 this. Don't look at it emotional just for the gun or l68  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 I not gun; look at what the penalties include in this where you can be sued under the civil liability - triple damagesy then you ean be sued under the Civil Wrongful Death Act. Youdre talking about the possibility of injury being compounded on injury. You're already in -- in a state of shock by What may have happened or nat happened. This is a bady bad àdea. And I urge al1 of you to either vote No or vote Present. This not -- has not seen the time when we need this at this time.

Furkher discussion? Senator Raica.

Thank you, Mr. President: Ladies and Gentlemen of the Senate. I'd like to direet these comments to What Senator Jones and Senakor Brookins said. Senator Jones, you pointed out that the innocent children of Chicago are going to be affected and possibly saved by this bill. You are absolutely wrong. This bill doesn't pertain to the City of Chicago, 'cause in -- in the City of Chicago you cannot legally - legally - own a weapon. If you are a police officer, you can. If you are a citizen, you cannot. The weapons that are confiscated kn the City of Chicago were from gang members - from people Who were dealing drugs. If you are an innocent person, such as myself or someone else, and you oWn a weapon, you are violating khe law. Ironically enough: the aldermen in the City of Chicago can carry a weapon in the city limits of the City of Chicaqo. If youîre going to make khis leqislaeîon mean anythinqe let's take off the inequity that's in the city of Chicago and other parts of this State where you cannot own a weapon, and ànclude everyone, and then maybe this Will mean something. But With everythkng that's going on in the City of Cbicago to say that one personls going to be saved by this, you're wrong. Because if you own a qun in Chicago, this bill just means you're guilty to beqin with, 'cause you're not supposed to have a 169  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 Weapon.

A11 right. Further discussion? Senator Jones.

Yes. I hate to rise a second time, but in response to the previous speaker's remarks - the city ordinance as it relate tc guns that if you own -- own a firearm, you had Eo register those firearms. You cannot purchase any now since that new law -- ordinance went into effect under the -- under the -- under Mayor Byrne, but you -- you -- many persons in Chicago do own guns and they own those guns legally. So I mean, to make that statement, you cannot own a gun, that -- I mean it's giving misinformation as relate to this bill.

Further discussion? Senator Marovitz, to close.

Thank you very much, Mr. President. Well, so many things Were said on this Floor that I think I -- I -- really have to comment on. First of all, Senator Davidson talked about: and would quote him, ''Quit trying to beat innocent peopleeî' Who are *e beatinq here? I mean, What innocent people are we beating? We 're trying to save kids ' lives. Senator Davidson quotes a hypothetieal example, what somebody breaks into your housey steals your weapon, and then somebody gets killed. You're going to be liable. He hasn't read the bill. The bill specifically specifically exempts anyone where there's been a break-in a: a house. Specifically says that right in the legislation. don't know why we stand up here. Senator Raàca said you can't oWn a gun in the City of Chicago. That's not true. You can legally own a qun in the City of Chieago. You can't buy new weapons. You can legally own a gun - you have to register it. That's not true. Vou ire obviously gettin: these arguments from the gentleman l70  STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 1990 sitting up in the gallery, but theylre not true. Let's be honest. NoW Senator Brookins is concerned that this 1aw would not be enforced fairly . I canlt belleve you'd say that about State's Attorney Partee. I can't believe youfd say Ehat. Now you know State's Attorney Partee would enforce this law fairly, and I don't khink it's fair of you to say that or even infer that. The fact is, when I was asked to put an education component in this bill, said I think that's a great idea. Just like -- I think it's a great idea. Let's put education in this bill. I think it's important for the gun owner to be educated about gun safety. But the lobbyists for the NRA said, l'No. No. No. No. No. Wait. I didnfE mean educake the gun owner. We don't Wan: to educate the gun owner. I want to educate the litele child. I want Eo give khem a coloring book. I want to put a gun in their hand and tell the little child, please don't educate the gun owner, khat's not What I meant, Senator Marovitz.'' The fact is# Senator Geo-Karis says you can't legislate against stupidity. Most of us in here voted about the child seatbelts - about havinq seatbelts to save our kids. It makes a 1ot of sense. No idioe would have their little child in a in a car without -- without a seatbelt. But the fact is# we legislated that because We Want to save kids' lives. Whether it's one kidls life or two hundred - we want to save their lives. That's what this bill's abouk. It worked in Plorida. They sold out of the trigger-lock mechanisms. People were educated. And the gun shop owners that said we never sold so many of these and because we sold them, we 're going Eo havê l/ss accidents. Just three weeks ago many of you on Ehe other side of the aisle, my friends, Senator Rigney and Hawkinson and Karpiel and -- and Keats and Kustra and Macdonald and Friedland and Fawell and Ctheredge and Barkhausen, voted for this b11l three Weeks ago 'cause you wanted to save kidsl lives. Since then more kids have died. It makes even more sense now and I solicit your Aye vote. l71  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1û6th Legislative Day June 21, 1990

Question is, shall House Bill 4140 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 a11 voted who wish? Have al1 voted who Wish? Take the record. On that question, there are 28 Ayes, 28 Nays, none voting Present. House Bill 4140, having failed to receive the required constitutional majority, is declared failed. END OF TAPE TAPC 5

The sponsor requests that further consideration of House Bill 4140 be postponed. So ordered. 4169. Senator O'Daniel. Read the bill, please.

ACTING SECRETARX: (MR. NAKRY) House Bill 4169. (Secretary reads title of bill) 3rd Readinq of the bill.

Senator O'Daniel.

Thank you, Mr. President and Members of the Senate. House Bill 4169, as amended, is -- is -- is an agreed bill. It deals with bonding requirements, drilling and operating permits of oil wells, and makes changes that have been agreed to by both Mines and Minerals, and also by the oil and :as industry, and petroleum industry. If there's any questions, 1'11 attempt to answer khem . If not, I'd ask for a favorable vote. l7 2  STATE 0F ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 21, 1990

Discussion? If not, the question is, shall House Bill 4169 pass . Those in favor, vote Aye. Opposedv vote Nay. The voting's open. Al1 voted who wish? Have a1l voted who Wish? Have a11 voted who wish? Take the record. On that questiony Ehere are 58 Ayes, no Nays, l voting Present <sic>. House Bill 4169, having received the required constitutional majority, is declared passed. Senator Zito. 4208. Read the bill, Mr. Secretary, please.

ACTING SECRETARY: (MR. NAKRY) House Bill 4208. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Zito.

Thank -- thank you, Mr. President and Members. House Bill 4208 permits banks and savings and loan associations to honor checks, warrants or other instruments issued by the Department of Public Aid' if the payee has an identification card issued by the Department, or a valid Illinois driver's license, or a valid Illinols identification card: or any identification card issued by the financial institution, or a combination of such identification - - of forms. It reguires the Department to issue an identification card to every payee of the grant. It also requires the Department within one hundred and eighty days of the effective date of this Act to eskablish a proqram for the elecEronic issuance and redemption of benefits provided by DPA . It further requires the payee to immediately report to DPA the loss of any instrument used in making a grant payment. This is to ensure -- Ladies and Gentlemen, House Bill 4208 is to ensure safe eheck cashing by Publlc Aid recipients and allowinq them, and affording them an opportunity rather than walking out of a financial 173  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 institution with cashy to have proper identification and make sure that that cash, in fact, is safe, and our checks issued from the State of Illinois to that recipient are safe. I'd be happy to answer any questions. I don't know of any opposition, except I should say that the Department was, in fact, working on some clarification language. They have been working on it for several weeks. We haven't seen anytbing yet: and I felt at this late stage that we should move the bill, and if they have some concerns We can deal with it later.

Discussion? Senator Keats.

I was rising in support of the bill. We've done quite a bit of work on this bill, and there Was some hesitancy on the part of the Department of Public Aid. There still is. We promise to continue working with them . If they come up with language that's acceptable to the House sponsor and the Senate sponsors, we'll ftnd a way to work out. But the key provision to this bill is this would actually allow a Public Aid recipient ko take home more money at no expense to the taxpayers - in reality, give them a more protected system. It really is a pretty good idea. 1111 just give you one example of the saving. To send out a Public Aid check costs us forty cents a check; to transfer electronically to a bank costs us four cents a check; a ninety-percent reduction in cost per check, and think about hoW many checks are written. So it's cost-effective for the State and beneficial for the recipient, because they end up with more money, too. It's a prekty good deal both kays, buE we will continue to work with Public Aid they come up with any solution to any potential problems.

Further discussion? Senator Fawell. l74  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 106th Legislative Day June 2ly 1990

Thank you very much. Will the sponsor yield for...

Sponsor indicates he w111 yield. Senator Fawell.

Senator Zito, I -- I realize this will probably go into a conference committee. I wonder if I could have your assuranee that this is not qoing to turn into a -- a bill. I've gotten a number of phone calls and a number of letters that the banks and some of the other people are concerned about the electronic cash station type thing. I wonder if I could qive you -- if you could give me the insurance that that will not turn into this.

Senator Zito.

Senator Keats and I - and I think I ean speak for Senator Keats - We have no intention of moving House Bill 4208 to a conference committee.

Further discussion? If not, the question is, shall House Bill 4208 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Al1 voted kho wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that queskion, there are 58 Ayesz no Nays, none voting Dresenk. House Bill 4208, having received the reguired constitutional majority, is declared passed. A11 riqht. Ladles and Centlemen, I1m sure everyone is painfully aware that it's Thursdayw June 21st, and tomorrow is, indeed, the deadline. So I -- *e will proceed now to the Order of House Bills 2nd Reading. And ifz indeed: any Member has a bill khat is on 2nd Readinq, Ehls is the day to move it, if it 's to be moved, under the rules. Then we will proceed. I asked the Secretary to distribute the Recall List. So the Recall List l75  STATE OF ILLINOIS 86th GENERAL ASSPMNLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2lr 1990 you have should be dated Thursday, June 2l# as of three o'elock p.m, and as you can see, there's quite a lengthy list, and they 're still coming in. Wedll go down the Recall List as soon as we finish with 2nd Reading. Senator Rigney, for what purpose do you arise, sir?

Mr. President, where a bill has been pulled off of the Agreed List for the purpose of a technical amendment, can they go back on?

On the Agreed List? No. It is our understanding that any time a bill's amended, it will just go on the regular Calendar then.

So you're not goin: to have an Agreed List tomorrow?

No. Wedll -- We'll handle the Agreed List that we have currently. Where those bills have been pulled off, they will show up tomorrow on the regular Calendar on the Order of 3rd Reading, and we kill, of course, afford khe Members the opportunity to get to them . All right. House Bills 2nd Reading: bottom of Page 25. 2-8-6-7. Senator Watson. We are on the Order -- let me say it one more time - we are on the Order of House Bills 2nd Reading, faced with the fact that tomorrow is the last day for 3rd Reading. Okay. Top of Page 26. 2-9-0-7. Senator Netsch. Read the billz Madam Secretary, please.

House Bill 2907. (Secretary reads title of bill) 2nd Readinq of *he bill. No committee amendments.

Are there amendments from the Floor? l76  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21# 1990

Senator DeAnqelis offers Amendment No. 1.

Senakor DeAngelis, on Amendment No. 1. SENATOR DeANGELIS: Xes. Thank you, Mr. President. What this amendment simply does is allow those employers who find it necessary to hire people beeause of the absence of a person on family leave - tbat we allow them to deduek the unemployment insurance costs for the additional person theydve had to hire to replace the person who's out on leave. I think if we're going to mandate this program: that We ouqht to give them the opportunity to recover some of their costs, due to the fact that they have ko do what we are requiring them to do.

A11 right. Senator DeAngelis has moved the adoption of Amendment No. 1 to House Bill 2907. Diseussion? Senator Netsch.

Thank -- thank you, Mr. President. Without debating the merits of the amendment, I would question its germaneness to this bill. The bill is a New Act - the Family Responsibility Act and this is an amendment to the Income Tax Act, and I would point out that, although this does not bind us: thae the House has ruled on the very same issue, and has ruled it nongermane, both for that reason and also as a violaeion of the agreed bill process. And it is quite clear that even if this amendment qot on# that would effectively destroy the bill when it got to ehe House, but tn any event, I do guestion the germaneness of the amendment.

Senator DeAngelisg for what purpose do you arise? SENATOR DeANGELIS: Well, if therels anythinq nongermane about thisz ie's tbe  STATE OF ILLIXOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 196th Legislative Day June 2l, 1990 comments that Senator Netsch made about what the House did. That is certainly nongermane. I think this bill is part and parcel khis amendment is part and parcel to thks bill, and an essential part of it# and ought to be in there: because if we dre going to, in fact, enact this klnd of public policy, we ought to do it in the proper way.

All right. This debate can go on and on, Senator Netsch. The Chair is prepared to rule thate indeed, Amendment No. l is -- is a purported amendment to the Illinois Income Tax Act by adding Section 208, and the Chair is prepared to rule that the Amendment is nongermane and out of order. Further amendments?

Amendment No. 2 offered by Senator Netsch.

Senator Netsch. Withdraws. Purther amendnents?

No further amendnents.

3rd Reading. 3587. Senator Madigan. Okay. 3610. Senator Dunn. Read the billz Madam Secretary, please.

House Bill 3610. (Secretary reads title of bi1l) 2nd Reading of the bill. The Committee on Judiclary offers commkttee Amendment No.

Senator Dunn, on Committee Amendment No. 1.

Thank you, Mr. President. I have an agreement with Senator Hawkinson that this bill is going to eonference eommittee to iron out some mutual problems. Amendment No. l merely changes the 178  STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TQANSCRIPT 106th Legislative Day June 21, 1990 . i percentages on the distribution of seized assets.

Senator Dunn moves the adoption of Committee Amendment No. 1 to House B1ll 3610. Discussion? If not, a1l in favor, indicate by sayinq Aye. All opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No furkher committee amendments.

Any amendments from the Floor?

Senator Thomas Dunn offers Amendment No. l <sicl.

Senator Dunn, on Amendment No. 2...

... 2 -- pardon me.

Thank you, Mr. President. The same comments Would apply. This chanqes notice dates and will qo ko conference committee as well.

I A1l righk. Senator Dunn's moved the adoption of Amendment No. 2 to House Bill 3610. Is Senator DeAngelis on this bill? Okay. Senator Dunn's moved the adoption of Amendment No. 2 to House Bill 3610. Discussion? If not, all in favor, indicate by sayinq Aye. All opposed. The Ayes have it. The amendmentfs adopted. Further amendments?

Amendment No. 3 offered by Senator Thomas Dunn.

Senator Dunn. Senator Dunn.

l79  STA'E OP ILLINOIS 86th GENEDAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l: 1990 Thank you, Mr. President. Qhis amendment -- same thing applies, as I said before. It changes notice and filinq time periods and reduces the dollar amount for nonjudicial forfeitures and wi1l also go to a conference committee.

Al1 right. Senator Dunn noves the adoption of Amendment No. 3 to House gill 3610. Discussion? If nok, all in favor. 'lndicate by saying Aye. All opposed. The Ayes have i*. The amendment's adopted. Further amendments?

No further amendments.

3rd Readinq 3725. Senator Hall. Read the bill, Madam Secretary, please.

Eouse Bill 3725. (Seeretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

No Floor amendments.

3rd Reading. 4149. Senator Marovitz. Yes, no or maybe? Yes. Read the bill.

Eouse Bill 4149. (Secretary reads title of bill) 2nd Reading of the blll. No comnittee amendments.

Any amendments from the Floor?

l80  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 Senator Marovitz offers Amendment No.

Senator Marovitz, on Amendment No. 1.

Thank you, Mr. President. Could you just read the last four digits, or numerals, or letters? amO4?

03.

Well, then -- then weill -- then wefll Table that one, or we lll withdraw that one.

Withdraw that amendment.

I don't know What it is. So...

Further amendments?

Amendment No. l offered by Senator Marovitz.

Senator Marovitz.

. .. mO4?

Yese it is.

Thank you very much. This amendment says that before someone is let out on bail - eikher cash or individual bail - they must check the individual's record to see if he 's :ot a felony arrest record before they let him out, and I Would ask for adoption.

All right. Senator Marovitz has moved the adoption of l81  STATE OF TLLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2l, 1990 Amendment No . l to House Bill 4149. Discussion? If not, a11 in favor, indicate by sayin: Aye. Opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 4190. Senator Luft. Read the bill, Madam Secretaryr please.

House Bill 4190. (Secretary reads title of bill) 2nd Readinq of the bill. No committee amendments.

Any amendments from the Floor?

No Floor amendments.

3rd Reading. All right. Ladies and Gentlemen, wedre there and ready to go back on the Order of House Bills 3rd Reading for the purpose of accommodating those who wish to recall a bill. In addition, we will finish the recalls, and We Will do the Agreed Bill List - the final action on that, and there have been requests to go to the Order of Motions in Writin: by some who have filed Motions in Writing, and so we will deal with those at the -- immediately prior to eoncluding our business. Senator Weaver, ik's almost three-thirty. We skarEed wikh you this morning at nine-thirty, if youdll remember, when you and I were the only ones here. On khe Order of House Bllls 3rd Reading is House Bill 309. Senakor Weaver seeks leave of the Body to return thaE 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 309, Madam Secretary. 182  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 106th Legislative Day June 2l: 1990

Amendment No. 2 offered by Senator Rigney.

Senator Rigney, Amendment No. 2.

Well, Mr. President, this is a rather dull amendment. It's the Department of Revenue load-up bill for a number of technical changes that they need to make within the Revenue Code. Most of these things have been around here at one time or another and went over to the House, and they summarily just held up a11 of the l20 bills over there. Nothing really new in here, except maybe the one provision dealing with a few technical changes to khe Motor Fuel Law, and I'm happy to report that apparently those have even received the approval of the petroleum marketers. So I do not think they are particularly controversial in nature. So if there's any questions, we'll attempt to answer them, but it is strictly a technical amendment for the Department.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Rigney has moved the adoption of Amendment No. 2. Is there discussion? Senator Netsch.

Thank you, Mr. President. For the Members over here, because khis is a very long amendment, let me confirm what Senator Rigney has said. Almost all of these provisions were in technical bills thak We had previously passed. The one neW Section which is substantive, is *he one Ehak deals wiEh *he Motor Fuel Tax the diesel fuel - and how it's to be charqed. That is new . It does have khe agreement even of those who are most affected by it, and it does seem to make a great deal of sense in terms of good enforcement. So it seems to me that it is a good solid amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Rigney has moved the adoption of 183  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 21, 1990 Amendment No. 2. Those in favor Will indicate by saying Aye. Opposede Nay. The Ayes have it. Amendment No. 2 is adopted. Further amendments?

Amendment No. 3 offered by Senator Rock.

PRZSIDING OPPICER: (SENATOR DEKUZIO) Senator Rock.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I am sure that everyone is aware, and I thank Senator Weaver for the opportunity to offer thks. Bills amending the Revenue Code are -- are scarce as hens' teeth because of House action, so this is really about the only one left. This is an amendment that was -- Amendment No. 3 is an amendment that was requested by the City of Chicago so that they could be in technical compliance with what they feel is necessary on behalf of the Federal Government with respect to the establishment of a special service area - a subtransportation district. You will remember that last year the City received an appropriation concerning a proposed central area distributor - that's an inner city, inner loop transik system of some sort. They have also been pursuing options with the Federal Government - UMTA in particular - and in order to set this up, they feel they need this technical amendment. I know of no objection. It applies solely to the City of Chicagog and, as a matter of fact, downtown Chicago. And I Would ask for the adoption of Amendment No. 3.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Senator Rock has moved the adoption of Amendment No. 3. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 3 is adopted. Eurther amendments?

184  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21# 1990 No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Page 6, 954. Senator Kelly seeks leave of the Body to return House Bill 954 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 9-5-4, Madam Secretary .

Amendment No. 2 offered by Senator Netsch.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senatol Netscb .

Thank you, Mr. President. Amendment No. 2 would add to the bill a provision which would create an Illinois coordinating commiktee on transportation. This is something that's been requested by a lot of the groups that deal with disability rights as well as senior citizens, and it is made up primarily of Code Department Directors - Transportation, DORS: Agingz Public Aid and DCCA . And its purpose really is to try to pull together a11 -- and coordinate a1l of the different programs and fundinq that deal with transportation for those who have special transportation needs. There is a 1ot of -- of, not just misinformation, but misapplication and lack of coordination, and this uould provide a vehicle for pulling it all together. I know of no objection to it.

PRESIDING OFFICER: (SENATOR DEMUZIO) senator Netsch has moved the adoption of Amendment No. 2. Those is there discussion? If not: those in favor will indicate by sayins Aye. Opposed, Nay. The Ayes have Amendment No. 2 is adopted. Further amendments?

No further amendments. l85  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21z 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Page 1220. Senator Welch seeks leave of the Body to return House Bill 1-2-2-0 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. House Bills 2nd Reading is House Bill 1-2-2-0, Madam Secretary.

Amendment No. 1 offered by Senator Welch.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Thank youe Mr. President. What this amendment will do is delete the original bill, which was basically a vehicle bill, and inserts languaqe allowing for three school districts that consolidated between April of '89 and July 1 of '89 to be eligible for consolidation grants. This is similar to an amendment we put on yesterday on House B1ll 3959. However, this anendment also includes a third district in Streator. Streator was not a unit district, and that's why it Was left off of that amendment. The amendment repeats the other tWo districts. The money is already in the budget to pay for this particular amendment, and I'd be glad to answer any questions.

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

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Readinq. Page 7, House Bill 1699. Senator Rigney seeks leave of the Body to return to House Bill 1699 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave l86  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990 is granted. On the Order of House Bills 2nd Readinq is House Bill 1-6-9-9, Madam Secretary.

Amendment No. 2 offered by Senator Riqney.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rigney.

Mr. President, this is the legislation khat provides that chiropractic students who are in their last term may practice under the direct supervision of a chiropractor in practice. It was the feeling of the Medical Society along wikh our own Department of Professional Regulations that we were needing a couple technical chanqes in the legislation which we have provided for, and we also have set back khe implementation date; instead of an immediate effectlve date, have nade it effective July 1 of next year.

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

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Readinq. Page Senake Bill -- I'm sorrys House Bill 1-7-6-2. Senator Madigan seeks leave of the Body to return Rouse Bill 1762 ko the Order of 2nd Reading for the purpose of an amendment. Is leave qranted? Leave is granted. House Bills 2nd Reading is House Bill 1-7-6-2, Madam Secretary.

Amendment No. l offered by Senator Kelly.

PRESIDING OPFICER: (SENATOR DEMUZIO) 187  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21e 1990 Senator Kelly.

Thank you, Mr. President. I'm ready this time. Senate -- this amendment would retain the contents of the original bill. The -- ik kould add a provision which provides for a -- Which would prevent a loss of a salary for a teacher Who is subpoenaed to testify in court only on school-related matters. Thatls all the amendment does, and I would appreciate your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Kelly has moved the adoption of House Amendment No. l to House Bill -- moving the adoption of Amendment No. to House Bill 1762. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 1 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMDZIO) 3rd Readinq. Page 32. On the Order -- Senator Brookins seeks leave of the Body to return House Bill 1784 from Consideration Postponed to the Order of 2nd Reading for the purpose of an anendment. Is leave granted? Leave is granted. On the Order of -- of House Bills 2nd Reading is House Bill 1-7-8-4, Madam Secretary.

Amendment No. 3 offered by Senator Brookins.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Brookins.

Thank you, Mr. President. The purpose of this amendment is to provide for the establishment of a mechanism ko make sure the bond's available in those situations where conkracts for which bonds is necessary will have substantially positive impact on the l88  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 economy. This amendment was suggested by the Department of Insurance which estimate the cost to be -- implement to be minimum, and I have also talked with Senator Schuneman and my commitment of that of the House Sponsor will not concur so the -- will go into a conference committee where his concerns will be worked out.

PRESIDING OPFICER: (SENATOR DEMUZIO) Discussion? Senator Schuneman.

Thank you, Mr. President. I think that perhaps we should have a little more discussion of this at this time, because if and when this comes back on a conference committee reportz sometimes there's not adequate time to talk about it, but Senator Brookins is trying to establish a mechanism of providing surety bonds for contractors - small contractors Who basically want to :et State and public work. And have no problem wiEh that, but I do have a problem with the way the languaqe is drawn. Por example, does not define whaE a small contractor or small business is. So we need to be careful about that. It doesn't define the amount of khe bond that could be issued by this meehanism , and We need to address that. Neither does it define -- the bill provides that any losses that may accrue as a result of this would be borne by the insurance companies who are authorized to write bonds in Illinois, and I think we need to define what kind of losses they should be expected to incur. Senator Brookins has agreed, and I've agreed wieh hime that -- tha: we should put this amendment on as it is now, and I've agreed to support him in passing it out of herep because he's given me his commitment that this will go to conference. We'1l try to work out some kind of reasonable plan that we can all agree on, and see if we can pass it. So with that underskanding, I1m in support of his amendment.

PRESIDING OPFICER: (SENATOR DEMUZIO) 189  STATE OE ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Senator Brookins has moved the adoption of Amendment No . Further discussion? If not, those in favor will indicate by sayin: Aye. Opposed, Nay. The Ayes have 1t. Amendment No. 3 is adopted. Further amendmenks?

No further amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) The bill will then go back to the Order of Consideration Postponed. 2389. Page 8. Senator Jacobs seeks leave of the Body to return House Bill 2389 to the Order of 2nd Readinq for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 2389, Madam Secretary .

Amendment No. 1 offered by Senator Jacobs.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

Thank your Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. l to 2389 is simply a clean-up language for the Workmen's Comp bill. It -- 1'11 explain it if -- the best can if anybody was interested. But it is agreed upon by a11 parties, and I know of no known opposition. I just ask for an Aye vote.

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

No further amendments.

PRESIDING UFFICER: (SENKTGR DEMUZIO) 190  STATE OV ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 1990 3rd Readinq. Paqe 8, 2842. Senator Welch. Senator Welch seeks leave of the Body to return House Bill 2842 to the Order of 2nd Reading for the purpose of Tabling an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 2842: Madam Secretary. Senator Welch, which one are you -- are we Tabling here? Which amendment? Senator Welch.

We're movin: to Table Amendmenk No. 2 thae Senator Jacobs put on the bill yesterday.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Welchz having voted on the prevailin: side, moves to reconsider the vote by which Amendment No. 2 was adopted. Is there discussion? Those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendnent No. 2 is now reconsidered. Senator Welch noW moves to Table Amendnent No. 2. Those in favor wtll indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is Tabled. Further amendments?

No further amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Reading. 3-0-9-0. Senator Watson seeks leave of the Body to return House Bill 3090 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 3090, Madam Secretary.

Amendment No. 4 offered by Senator Watson.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Watson.

Thank you, Mr. President. Under current law, a county or a 191  STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 municipality may enter into a contract with a school board: a hospital: or a shopping center or apartment eomplex to regulate the traffic flow in that particular area. What wedre trying to do here is simply add churches, also, to that.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson has moved the adoption of Amendment No. 4. Is there discussion? If not, those in favor will indicate -- Senator Collins. Apparenely -- Senaeor Collins.

I1m sorry, Senator. Would you would you just repeat your explanation again? What you did.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

This amendment addresses a concern in my -- my district Vandalia. What the amendment does is that currently a municipality or a county may enter into a contract with a school board, a hospital, shopping center, apartment complex for regulation of traffic in those -- in parking areas. Al1 we're doing is adding churches to that list of -- of entities that can be entered into a contraet. It's permissive.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson has moved the adoption of No. 4. Senator Hawkinson.

A question of *he sponsor.

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he Will yield. Senator Hawkinson.

Senator, is I know it's permissive with the municipality that they may enter these contracts, but does thls require a church to do anything? This does not allow requlation 192  STATE OF ILLINOIS 86th CENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 106th Legkslatike Day June 2le 1990 of church parking lots, does it, unless the church agrees?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Watson.

No.

PRESIDING QFFICER: (SENATOR DEMUZIO) Senator Watson has moved the adoption of Amendment No. 4. Is there any further discussion? If not, those in favor: indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Amendment No. 4 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICZR: (SENATOR DEMUZIO) 3r6 Reading. 3136. Senator Watson Beeks leave of the Body to return House Bill 3136 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granked. 0n the Order of House Bills 2nd Reading is House Bill 3136: Madam Secretary.

Amendment No. 5 offered by Senator Luft. PRESIDING OFFICERI (SENATOR DEMUZIO) Senator Luft.

Thank you, Mr. President. Amendment No. 5 is offered with the blesslnq of the Senate sponsor and the House sponsor of the bill. What I've simply done is incorporate a bill khat we passed out of here on the Agreed Bill List which created the Tri-county River Valley Development Authorâty Act. This is similar to SWMPC and the Upper River Valley Development Aet and the one that Rock Island area hasz and I would try to answer any question. Otherwise move for the adoption of Amendmenk No. 5.

PRESIDING OFPICER: (SENATOR DEMUZIO) 193  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 1:6th Legkslative Day June 21, 1990 Senator Lufe has moved the adoption of Amendment No . 5. Is there discussion? If not, those in favor will indicaee by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 5 is adopted. Further amendments?

Amendment No. 6 offered by Senators Thomas Dunn and Watson.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Thomas Dunn.

Thank you, Mr. President. Thts addB a T1F district to the Southwestern Illinois Authority of Senator Watson. makes the Director of DCCA an ex officio member of the Will-Kankakee board and deletes IDA . I ask for a favorable...

PRESIDING OFFICER: (SENATOR DEMUZIO) All riqht. Senator Dunn has moved the adopeion of Amendment No . 6. Is there a discussion? If not, those in favor will indicate by saying Aye. Opposedz Nay. The Ayes have it. Amendment No. 6 is adopted. Further amendments? SECRETARY HAWKERI Amendment No. 7 pardon me. No further amendnents.

PRESIDING OFFICER: (SENATOR DEMUZIO) No further amendments?

No further amendments. PRESIDING OFFICER: (SENKTOR DEKUZIOJ 3rd Reading. 3161. fenator HaWkinoon seeks leave of the Body to return House Bill 3161 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 3161, Madam Secretary.

Amendment No. 2 offered by Genators Hawkknson and Barkhausen. 194  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2ly 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson.

Thank you, Mr. President. This is the anendment that explained yesterday that adds the three Senate bills - two of which were on the Agreed Bill List. One - the use immunity one passed forty-seven to two. Senator Dunn had a question about the language of the bills regarding forfeiture. A few minutes ago, he amended a bill of his that Was on 2nd Reading on this subject matter. I have agreed that this bill also Will go to conference, and the parties, including the State police, will try and reach some agreement on the issue of forfeiture, and I would ask for the adopkion of Amendment No. 2.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinsonîs moved the adoption of Anendment No. 2. Is there discusskon? If not, those in favor will indkcate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is adopted. Further amendments?

No further amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Reading. 3197. Senator Savickas seeks leave of the Body to return House Bill 3197 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. House Bills 2nd Reading is House Bill 3197, Madam Secretary.

Amendment No. 8 offered by Senator Savickas.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Savickas.

Yes. We had a little problem coordinating Senator DeAngelis' aRendment and mine that dealt with the monies for Rosemont and the 195  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l06eh Leqislative Day June 2l: 1990 library system . So to satisfy that coneern, we Want to withdraw, or move to reconsider the vote by which those two amendments were adopted. There is an amendment there on the Desk that would straighten ouk at least the aqreement on the monies on that porkion of the blll, and I understand there's one other amendment that someone is offering, too, so...

PRESIDING OFPICER: (SENATOR DEMUZIO) .. . senator Savickas, could you identify for us the tuo amendments that you wish to reconsider?

I believe lt's -- my amendment was No. -- No. 5 and, I think, Senator DeAngelis' was No. 6 -- or 4 and 6.

PRESIDING OFPICER: (SENATOR DEMUZIO) Well, 1et me make a suggestion. Why don't we take it out of the record for just a moment. 0h, 5 and 6? Okay. Theyfve just -- just -- just a moment. Senators, are 5 and 6 now -- 5 and 6? Senator Savickas.

So I would move at this time ko reconsider the vote by which Amendmenks 5 and 6 were adopted.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Savickas has moved -- having voted on the prevailing side, moves to reconsider the vote by Which Amendments 5 and 6 Were adopted. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendaents 5 and 6 have now been reconsidered. Senator Savickas now moves to Table Amendments 5 and 6. Those in favor Wi11 indicate by saying Aye. Opposed : Nay. The Ayes have it. Amendments 5 and 6 are Tabled. Further amendments?

Amendment No. 8 offered by Senators Savickas and DeAngelis.

PRESIDING OFFICER: (SENATOR DEMUZIO) l96  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 106th Legislative Day June 2l, 1990 Senator Savickas. SENATOR SAVICKAS: Yes. This amendment hopefully, at least, solves that problem on the distribution of the monies: and ik's in agreement with Senator DeAngelis on his concern, and I would move its adoption. PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there discussion? Senator Savickas has moved the adoption of Amendment No. 8. Those in favor will indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Amendment No. 8 is adopted. Further amendmenks? SECRETARY HAWKER: Amendment No. 9 offered by Senators Luft and Savickas. PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Luft. SENATOR LUFT: Thank you, Mr. President. Amendment No. 9 allows for the use of civic center bond dollars for maintenance on civic centers. PRESIDING OFFICER: (SENATOR DEMUZIO) . Senator Luft has moved *he adoption of House -- I'm sorry: of Amendment No. 9. Is there discussion? Senator Keats. SENATOR KEATS: Question of the sponsor. PRESIDING OFPICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Keats. SENATOR KEATS: We're using bond funds for day-to-day maintenance. Now, When we okayed that in Mccormick Place that was a blood-bath battle, and there were some technical things involved. We're now sayin: for civic centers anywhere we're goinq to bond day-to-day maintenance costs? PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Luft. l97 j I I  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990

I Was approached, as Senator Savickas was, earlier on today by Representative Leitch, and asked to put this amendment on. So, in fact, what you state is correct - that bond money could be used for maintenance, whkch is now prohkbited. Bond monies, at this point, can only be used for new construction.

PRESIDING OFFICER: (SENATOR DEMUZIO) All riqht. Further discussion? If not, Senator -- Senator Luft has moved the adoption of Amendment No. 9. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 9 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 3325. On the Order -- Senator Maitland seeks leave of the Body to return House Bill 3325 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 3325, Madam Secretary.

Amendment No. 2 offered by Senator Jerome Joyce.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce.

Yes. Mr. Preskdent, awaiting further negotiatkons from the covernor's Office. qoinq Eo withdraw the amendment, unless we have leave to come back to it. PRESIDING OFFICERk (SENATOR DEMUZIO) Well. Senator Maitland: We certainly have leave to come back to ite buk I would point out, we probably have another hour and a half work to ...

198  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT 106th Leqislative Day June 2l# 1990 .. . As I always do, I Will accede to Senator Joyee's reguest.

PRESIDING OFPICER: (SENATOR DEMUZIO) Which was -- which was -- which was what? Senator Joyce.

My request is I hope the Governor's Office is listening, and they realize what day it is and what time it isy too.

PRESIDING OFFTCER: (SENATOR DEMUZIO) Well, the Chair certainly understands it. Senator Maitland: do you understand this? Senator Maitland.

Only to say that I was given the amendment, and I thought we had an agreement, and I assume now perhaps we don't have an agreement.

PRESIDING OFFICER: (SENATOR DEMUZIO) Can I -- why don't we just take this out of the record for the time being: and with leave, we'll come back to it at the end of the -- wherever we are at the end. All right. Take it out of the record. 3326. Senator Keats seeks leave of the Body to return House Bill 3326 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 Ho 'use Bill 3326, Madam Secretary.

Amendment No. 1 offered by Senator Keats.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Keats.

Thank youz Mr. President. Let me just quickly read the paragraph so we have the legislative intent to put the amendment on. 3326 deals technically with nuclear engineers. This amendment is a product of an agreement among the Department of Nuclear Safety, the Governor's Office and the nuclear power industry. It creates a two-year pilot program of State resident l99  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2l, 1990 engineers for Illinois nuclear power plantse and calls for a formal evaluation of the program prior to its termination. I know of no opposition.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Keats.

I I got to -- you know, I got to read this stuff in, you know. For purposes of legislative history, I would note that the so-called resident engineers provided for in the amendment -- would note that the so-called resident engineers provided for in the amendment perform inspectional functions. They do not perform tasks within the scope of the Illinois Professional Engineers' Act. The term ''resident enqineers'' is therefore perhaps a bit mksleading. Eowever, it is the tttle used for State knspectors by the Federal Government. With that legislative history expressed, I move the adoption of the amendmentz please.

PRESIDING OFFICER: (SENATOR DEMUZIO) You have to do that on 3rd Reading, too? Senator Keats 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. 1 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 3337. Senator MaroviEz seeks leave of the Body to return to House Bill 3337 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is qranted. On the Order of House Bills 2nd Reading is House Bill 3337, Madam Secretary.

Amendment No. 1 offered by Senator Marovitz. 200  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislatkve Day June 21, 1990

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. Amendment No. l deals with guns and children, and no -- wrong amendment, I'm sorry. Amendment No. l makes certain exemptions from the Act. It requires State Agencies to inform contractors of applicability of the Act. It changes provisions regarding human rights. It represents a compromise between the Comptroller's Office, 1RMA and the Chamber of Commerce, supported by the United Transport Unit, the -- IRMA, the Illinois Retail Merchants Association, the Chicago Chamber of Commerce and Industry, Association Employees of Illinois, the Illinois Education Association. It exempts six categories from the list the WIC Vendor Management Act, Medicaid contracts with pharmacies, sales tax collections, Superfund, real propertyy solid Waste, and I Would just solicit your Aye vote. I know of no opponents to the amendment.

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

Amendment No. 2 offered by Senator Madigan.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Madigan. SENATOR MADIGAN; Thank you, Mr. President and Members of the Senate. Amendment No. to House Bill 3337 amends the bill to -- in two sections. The first Section would state that the term 'lgrantee'' does not include a common carrier that ts subject to a federally mandated 201  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 dru: testinq program. And in Section 2 by inserting at the end of subsection (g) the following: HThe term 'contractor' does no* include a common carrier that is subject to a federally mandated drug testin: program.'' This is brought to me at the request of an Association of Common Carriers who are already subject to a stringent federally mandated druq kesting program, and they ask that they not be subject to this since they are already underneath the federal mandate on drug testing. I would ask for its adoption.

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

Question of the sponsor -- are a11...

PRESIDING OPFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Marovitz.

I'm sorry. Are a1l common carriers -- are all common carriers behind khis amendment?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Madiqan.

I can't speak to that statement. I can only speak to the statement of the common carriers that I've talked to or that have come to me. None of those common carriers are in opposition to this amendment. This was brought to me by the -- amendment was brought to me by the Railroad Assoeiation.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovltz.

That -- that really is the case. That's very that's very true. This is a railroad amendment, and I think everybody ought to be aware this is a railroad amendment. The railroads are a 202  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 very sensitive industry for safety purposes, and as a consequenee to that sensitivity, they should not be exempted from the provisions of a law creating a druq-free workplace. I mean, can you imagine passing a law for a drug-free workplace and exempting railroads? The United States Supreme Court has held the railroads and railway employees are subject to much more strîngent standards than contained even in this drug-free workplace legislation. To exempt railroads would be exempting an industry that really should be subjeet to the highest safety requirement, the highest standard and should be the individuals who are most concerned Witb making sure that they have a drug-free workplace. I can't imagine going home and being able to explain to your constituents how you passed legislation for a drug-free workplace, but we exempted railroads. Try and explain that one. And I'm against khis amendment.

PRESIDING OPPICER: (SENATOR DEMUZIO) A1l right. Further discussion? Senator Barkhausen.

Well, Mr. President and Members, to -- to answer Senator Marovitz's remarks on -- on this particular amendment, I think clearly the way We explain it is to make a point - unless I'm missing something either with regard to -- to this legislation or to the application of federal laW to the operation of railroads - the way we explain it is simply that federal law already requires much more of railroads than this legislation would, and if the railroads or any other industry is already required to meet a more rigorous sEandard in kerms of druq teskinq required or the degree of drug-freeness, or drug freedom that is required in the workplace, then -- then why pass duplicative legislation here at the State level? I think really that thatls more than an adequate answe r.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Further discussion? Senator Marovitz, for a 203  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 i second time.

Just to clarify somethkng - that the federal 1aw does not apply to State contracts or qrants. Eederal 1aw does not apply to State contracts or grants. That's why we need this, and if they lre complying with everything on the federal level, why should they be concerned about being under this legislation, unless they have something to hide? I don't see that it's good public policy for the State of Illinois and the Illinois Senate to exempt railroads from a drug-free workplace bill. And that's What this amendment would do, and that's why I'm opposed to it.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Purther discussion? Senator Madigan may close.

Well, I -- I think the argument's been actually -- actually the argument for the amendment's been made by the opponent to the amendmentz but at any rate, the purpose of this amendment is not to discuss the merits of the bill, but to ensure that if this goes on in other states and continues on in other states, those common carriers that are subject to Federal regulations -- subject to this federally mandated drug program are not then subject to fifty different sets of regulations and attempting to comply with this duplication throughout khe United States. And wedre only asking that those common carriers that are already subject to a federally nandated drug testing program which is more -- actually more stringent, more strict than this bill: be exempted from the recordkeeping under this provision -- under House Bill 3337. I Would again ask for the adoption of the amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Madigan has moved *he adoption of Amendment No. 2. Those in favor will indicate by saying Aye. Opposed, Nay. Opinion of the Chair, the Ayes have it. Amendment No. 2 is 204  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 adopted. Further amendments? All right. Senator Marovitz has requested an rbll call. Senator Madigan has moved the adoption of Amendment No. 2. Those in favor of the adoption of Amendment No. 2 will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that questiony the Ayes are 44# the Nays are 7, 1 voting Presentz and I thought I heard it right. Amendment No. 2 is adopted. Further amendments?

Amendment No. 3 offered by Senator Marovitz.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Thank you, Mr. President. Amendment No. 3 to House Bill 3337 creates the crime of drug-induced infliction of great bodily harm , increases penalties for money laundering based on the amount of money that is laundered, and increases penalties for delivery of druss to a pregnant woman, and I would ask for adoption of Amendment No. 3.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Marovitz 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. FurEher amendments?

Amendment No. 4 offered by Senators Dudycz and Philip .

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Thank you, Mr. Presidenk. Amendment No. 4 skrengthens the Drus-pree Workplace Act. Let me read to you the key parts of think it's important enough to read - I'Establish a drug testing 205  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 program for employees which requires the grantee or contractor to annually submit to the Comptroller of the State of Illinois a certified or sworn statement that the'' purse -- that the I ''employees who ate working under a State qranty contract: or otherwise are covered by this hct have submitted to a certified drug screening program and have been declared to be free of any evidence of the use of drugs.' It goes on to read, Mr. President, ''If this program finds that an employee is not free from the use of drugs, the employee shall underqo and satisfactorily complete treatment as recommended by a drug abuse assistance or rehabilitation program that is approved by the Illinois Department of Alcohol and Substance Abuse*'' And this paragraph does not apply - I stress it does not apply to drugs that have been prescribed by a licensed physician or other health care professional. In a nutshell, thatls what it does.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, Senator Dudycz, ''in a nutshell''means youfre moving to adopt this amendment...?

... 1 move we adopt the anendment. And I'd 1kke....

PRESIDING OFFICBR: (SENATOR DEMUZIO) A.. senator Dudycz has moved to adopt No. -- Amendment No. 4. Is there discussion? Senator Marovitz.

Is this a ''merely'' amendment?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

No. No. Does this amendment call for mandatory drug testing or mandatory drug sereening?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz. 206  STATE OF ILLINOIS 86th GENERAL ASSEMNLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

Senator Marovitz: it's not a ''merely'' amendment, but it is just as germane and just as important as Amendment No. It only requires if the employer or the contractor wishes, desires to to have State business.

PRESIDING OFFICER: (SENATOR DEMUZIO) I'm sorry. Senator Marovitz.

What welre saying is that anybody who wants to get a contract or grant Erom the State of Illinois in order to certify that, in factg they have a drug-free workplace, would have to screen or test all of their employees. I mean, except for railroads. Is that correct?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Dudycz.

Senator Marovitz, only those who are under the auspices of -- of a State grant or under a State agency -- State contractr excuse me .

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Marovitz.

Oh, that's -- just wanted to understand What it Was.

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

A question of the sponsor, please.

PRESIDING OPFICER: (SENAIOR DEMUZIO) Indicates he Will yield. Senator Luft.

Will this include a11 schools Which receive grants from the State of Illinois? 207  STATE 0P ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Staff tells me only universities.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senat/r Luft.

So in other words, before any university in the State of Illinois - and I'm talking both public and private Which receive State grants - a11 universities will have to have a drug-free program and certify that every student on the campus, and every universiky professorr and every janitor, and every employee of the university is drug free.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Dudycz.

Senator Luft, only an employee, not the students; and those only that are working under the auspices of a State grant or a contract.

PRESIDING OPPICER: (SENKTOR DEMUZIO) Further dlscussion? Senator Jerome Joyce.

Yes. Thank you. A question of the sponsor. If I'm a highway contractot, I got the bid to do Route 55, and I hire people out of the labor hall for the laborers on that one. I call the labor hall in the morning and say I need fifty people to come out here and work on the highway. I have to make sure that al1 fifty -- am responsible then, as the prime contractor, that a11 fkfty of those people are drug free?

PRESIDINC OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

2Q8  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1:6th Legislative Day June 2l: 1990 Under the Act, Senator, employee means an employee of a grantee or contractor directly engaged in the specific performance of work pursuant to the provisions of a grant or contract with the State.

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Joyce.

Is that yes?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Dudycz.

think -- I think: Senator Joyce, you should direct that question to the author of the Act - Senator Marovitz. I'm sure that he would be able to answer that one kn a 1ot more elaborate detail.

PRESIDING OFFICER: (SENATOR DEMDZIO) Well. Senator Joyce.

I'd like Eo know if Ehis guy has Eo certify khak those fifty people that came from the union hall that morninq are drug free. How's he going to do that? Is he going to have the little vtal out Ehere, andy you know, do the testing?

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Dudycz.

Yeah. This doesn 't -- Ehls doesnlt change anythinge Senator Joyce. This goes accordinq with Senator Marovikz's guidelines under his Act -- his definitions.

PRESIDING OFPICER: (SENATOR DEMUZIO) Al1 right. Further -- furtber discussion? Senator Phklkp.

Thank you, Mr. President and Ladies and Gentlemen of the 209  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Senate, and I hope everybody understands this. I Want to commend Senator Dudycz. This simply -- this amendment simply says this: if five percent of your employees fail the test, if an employee Who fails the test does not go in for some kind of rehab the first time, there 's no penalty Whatsoever. The second time the second time, the contractor is suspended for one year. The third ttme, you 're suspended for five years. NoW you Want these looney-tuney people driving trucks under drugs? I donft. I think it's a reasonable thing. The first timee thereîs no penalty at all. Nothing at all. They 're slapped on the hand. The second time it's a one-year suspension. The third time it's a five-year. I don't see anything wrong w1th that. We want a drug-free country, a drug-free place to work. We're entitled to that, and We ought to be tough on these drugees.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz, for What purpose do you arise?

Just a point of information relative to that. I just want to correct something, so there's no misunderstanding. We took the truckers out of this bill, so they don't have to do this. just donft kant any misconceptions. Theylre out of the billz so a trucker doesn't have to do this.

PRESIDING OFFICER: (SENATOR DEMUZIO) I'm sorry. Senator Phillp.

Thank you, Mr... Well, why in the world did we take khem out? You -- you got schoolteachers in them, Senator. You got -- why don 't you put legislators in Senator? 1111 vote for that . I -- I mean, I can't believe you've taken truck drivers out. Is there somethin: pure about truck drivers? Is there something special about truck drivers? don't know that. You're going to plck on teacbers and let truck drivers walke huh? Bad idea. 2l0  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21# 1990

PRESIDING OFPICER: (SENATOR DEMUZIO) Al1 right. Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Yeah. Thank you -- thank you, Mr. President. I would like to ask the sponsor if the cost of doing this drug test is a tax.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Senator DeAngelis, it's a tuition.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Dudycz, do you wish to close? Senator Dudycz.

Just briefly -- just briefly, Mr. President. If welre serious about creating the Drug-Free Workplace Act, let?s put some keeth in it, and I ask for your favorable support to this amendment.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Dudycz has moved the adoption of Amendment No. 4. Those in favor will indicate by saying Aye. Opposed, Nay. Opinion of the Chair, the Nays have it. Senator Dudycz has requested a roll call. Senator Dudycz has moved the adoption of Amendment No. 4. Those in favor will vote Aye. Those opposed, Nay . The votin: is open. Have a11 voted who wish? Have al1 voted who wish? Have all voted Who wish? Take the record. On that question, the Ayes are 37, the Nays are 5, none votin: Present. Amendment No. 4 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senator Macdonald seeks leave is Senator Macdonald on the Floor? Well, let's -- leave to come back in a -- in a eouple of minutes, sheds... 3386. Senator Savtckas seeks 211  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 leave of the Body to return House Bill 3386 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 Bi11 3386, Madam Secretary.

Amendment No. 1 offered by Senator Savickas.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Savickas.

Yes. Mr. President and Members of the Senate, Amendment No. 1 is a amendment that addresses some of the concerns on the anti-solicitation of real estate. does eight -- eight things. Some that are already incorporated in law, and some that are new. The first, it deletes the anti-solicitation provisions from Chapter 38, which think is the criminal chapter, and instead incorporates the Anti-solicitation Law into the Real Estate Brokers License Law. The second -- it provides thak the Department of Professional Regulations must receive, file and index all notiee and lists of persons who wish not to be solicited to list or sell residential property. Third: the Department would compile such a list once every six months and make the list available Eo the public, and a11 licensed real estate brokers and agents with a business address in Cook or one of the collar counties. Fourth, the method of providing notice is the same as current law - stressed aqain is current 1aw - by an individual signinq a notiee or by the completion of a list of names -- mean, and addresses of persons who wish not to be solicited . The fifth -- it prohibits a real estate broker from soliciting any owner of property in Cook County to sell or list a property after the licensee has received notice that the owner does not wish to list or sell the property. The licensee is deemed to have received valid notice from the owner thirty-five days after the 2l2  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1:6th Leqislative Day June 2l, 1990 Department has made the list available to the brokers. Sixth, adds a definition of solicitation which would prohibit communication with an owner for the purposes of attaining a sale or listing of the oWner's residence. However, soliclting does not include a broker advertisin: by general print or broadcast medium . And think this addresses one of the concerns that the real estate industry had in -- Where they had -- one of their members had a mailinge and it was viewed as soliciting. Seventhz for the first offense, the Department shall issue a cease and desist order against the broker, and a business fine of at least one thousand dollars. Second and subsequent violations shall result in a revocakion of the license and a fine of at least a thousand. The eighth item, which is an item of real contention with the real estate brokers and whieh we hope to have had resolved by drafting an amendment - Which hasn't come up yet - that would create a Real Estate Solieitation Violations Committee to hear alleged violations of the anti-solicitation provisions of the law. The comnittee would consist of three licensees and three public members appointed by the Director. The amendment that we wished to have replaced this portion of the bill would have eliminated the Real Estate Solâcitation Violations Committee and just put it under the DPR 'S Disckplinary Board, composed of three licenseesy khree public members, none of whom are related to or employed by a licensee, and DPR Director is the tie-breaking vote. This is the basic structure of the amendment to remove it from the Criminal Code, or remove most of it from the Criminal Code and make it more applicable, and I would solicit your support for the amendment.

PRESIDING OFPICER: (SENATOR DEMUZIO) Is there discussion? Senator Karpiel.

Thank you, Mr. thank you, Mr. President. As the sponsor suggested, this is a very big bill. It's an entirely new bill. 2l3  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 It's entirely new policye for the most part. It has - as he said - eight or more parts to it' and I haven't even had a -- and it is controversial, and wonder this amendment has been distributed. PRESIDING OFFICERI (SENATOR DEMUZIO) Further discussion? Senator Jones. I1m sorry. Senator -- khat was a questlon? Sorry. Senator Savickas.

oo . anendment -- has it been distributed...

PRESIDING OFFICER: (SENATOR DEMUZIO) Oh# Iêm sorry...

Well, it's been on the Calendar...

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Savickas.

Itls been -- the amendment's been filed for what a week now. I imagine the Secretary's Office has distributed it.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well. Senator Karpiel.

I wonder if we could take this out of the record till we've all had a chance to see this very large amendment, and I'd like to have it distributed.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator savickas, for my own edification What -- hoW -- how khick is this amendment? Senator Savickas.

It's -- should be available...

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. With leave of the Body -- With leave of the Body: We Wkll take it out of the record, and we wkll come baek to it. 2l4  STATE 0F ILLINOIS 86th GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Leave is granted. 3412. Senator Berman seeks leave of the Body to return House Bill 3412 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 3412, Madam Secretary.

Amendment No. 2 offered by Senator Berman.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Berman.

Thank you. Yesterday, if you recall, we got into a debate regarding a authorization for an increase in salaries for court reporters. That was a stated amount, and that amendment failed . At the suqqestion of Senator Keats, who opposed yesterday 's amendment, wedve worked out this amendment that provides the same exact terms of court reporker authorizations as we have provided in the revised Compensation Review Board Report. In other Words, the Federal Index with a cap of five percent, effective July l of 1991. Move the adoption of Amendment No. 2.

PRESIDING OFFICER: (SENATOR DEMEZIO) Senator Berman has moved the adoption of Amendment No. Is there discusskon? Senator Geo-Karis. A11 right. Purther discussion? Senator Berman has moved the adoption of Amendment No. 2. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Amendment No. is adopted. Further amendments?

No further amendments.

PRESIDING OFPICER: (SSNATOR DEMUZIO) 3rd Reading. House Bill 3494. Senator Donahue seeks leave of the Body to return House Bill 3494 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. 215  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 186th Legislative Day June 21, 1990 House Bills 2nd Reading is House Bill 3494, Madam Secretary.

Amendmenk No. l offered by Senator Donahue.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue.

Thank you, Mr. President. Madam Secretary, could you give me the last four digits?

bam02.

Okay. House Bill ND. -- or Amendment No. 1 to House Bill 3494 Would split the current classification of a trailer license plate in the B classlfication. That is noW three thousand to eight thousand pounds, and Wedre creatin: neW -- tWo neW classifications. 0ne from three thousand to five thousand pounds. The other one from five thousand pounds to eight thousand pounds. And the purpose of this is for -- to clarify which trailers are subject to the Department of Transportation's safety inspections. And these trailers must be equipped with breakaway brakes. Webve - - the fee right now under the law is forty-four dollars for those trailers under eight thousand pounds. Because of the splite khey'll be forty-four pounds and forty-two -- forty-four dollars and forty-two dollars respectively, and I Would move for its adoption. PRESIDING OFFICER; (SENATOR DEMUZIO) Senator Donahue has moved the adoption of Amendment No. 1. Ts there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Amendment No. is adopted. Further amendments?

Amendment No. 2 offered by Senator Donahue. 2l6  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislatlve Day June 21# 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue.

Thank you, Mr. President. Again, I would -- is it am03? Amendment No. 2 is offered at the request of the Illinois State Police, and it would require school bus driver's permit applicants to submit to a criminal background check, including finqerprints. This would apply to only cities With a population of five hundred thousand or more, and the applicant would pay the fee for the background check. I would move for its adoption.

PRESIDING OFPICER: (SENATOR DEMUZIQ) Senakor Donahue has moved the adoptlon of Amendment No. Those -- is there discussion? If notr those in favor will indicate by sayinq Aye. Opposede Nay. The Ayes have it. Amendment No. 2 is adopted. Purther amendments?

Amendment No. 3 offered by Senator Donahue.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue.

am04? Thank you. Amendment Xo. 3 resurrects a part of Senate Bill 2094 which did not get out of khe House Rules. did pass the Senate by a vote of 58 to 0, and itls language that's offered by the Illinois Department of Transportation, and it allows the establishment of business logo signin; programs on noninterstate freeways. Thls is important in the City of Jacksonville, Cenkral Illinois Expressway: U.S. 34 to Galesburg: U.S. 20 to Rockford, 5l, and Illinois 336 around Quincy. I would move for its adoption.

PRESIDINC OFPICER: (SENATOR DEMUZIO) Senator Donahue has moved the adoption of Amendment No. 3. Is there discussion? If not, those in favor will indicate by saying 217  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislakive Day June 2l, 1990 Aye. Opposedr Nay. The Ayes have it. Amendment No. 3 is adopted. Purther amendments?

Amendment No. 4 offered by Senator Donahue.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Donahue.

Thank you. amol? 1 Would lkke to Withdraw this amendment, please.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Donahue seeks leave to withdraw. Amendment's Withdrawn. Further amendments?

Amendment No. 4 offered by Senator Donahue.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue.

Thank you. Amendment No. 4 ts requested at the Illinois Deparkment of Conservation, and this adds current law -- makes illegal to operate a nonregistered watercraft. That's current law, and this language clarifies that those individuals who rent, for instance, canoes, or rowboats: or paddleboats, are also required to register their vessel. Current law states that only rented motorboats must be registered. I Would move for its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue has moved the adoption of Amendment No . 4. Is there discussion? If not, those in favor wil1 indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment' No. 4 is adopted. Purther amendments?

No further amendments. 218  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV RZGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Page 2, 3513. Senator Schaffer seeks leave of the Body to return House Bill 3513 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. House Bills 2nd Readin: is House Bill 3513, Madam Secretary.

Amendment No. l offered by Senator Schaffer.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Schaffer.

Mr. President and Members of the Senatey this bill deals with electronic incarceration. It's a technieal amendment. It cleans up a couple things on the bill, and it also clarifies that it could be used for bond -- people out on bonds pendin: trial or appeal.

RESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer has moved the adoption of Anendment No. 1. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No . 1 is adopked. Purther amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Readin:. 3528. Senator Barkhausen seeks leave of the Body to return House Bi1l 3528 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 3528, Madam Secretary.

Amendment No. 3 offered by Senators Berman and Severns.

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Berman. 2l9  STATE OP ILLINOIS 86th GENERAL ASSEMBLX RECULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990

Thank thank you, Ladies and Gentlemen of the Senate, and I want to thank Senator Barkhausen for the courtesy of bringin: the bill back. This is a bill that has the amendment that Senator Maitland put on the other day that brought in the bare-bones health insurance coverage for small employers to provide to their employees. What this amendment does is to require that that bare-bones insurance - health insurance - include the provision for low-dose mammoqraphy for women thirty-five years of a9e or older. This is a more restrictive amendment khan the one that we put on the Senate bill that passed out of here unanimously, but this was by -- pursuant to discussion kith this principal sponsot. This is mammography only. It does not include dependent coverage. I would be qlad to respond to any questions, and ask your Aye vote.

A1l right. Senator Berman's moved the adoption of Amendment No. 3 to House Bill 3528. Discussion? Senator Schuneman. SENATOR SCHUNEMANI A question of the sponsor, please.

The sponsor indicates he Will yield, Senator Schuneman.

Senator, I think that the -- that the so-called bare-bones proposal, as I understand it, would include mammography exams if ordered by a physieian, because most health insurance policies do cover that. Now - voluntarily. The -- the cost impact of this issue comes about when the insurance is required to cover eleetive mammography, and one of the big criticisms of -- of it is that it then mandates these automatic annual expenses on every policy, and so, I guess, my -- my question to you isz are you Randating that that electlve mammography would be required. 220  STATE 0F ILLINOIS 86th GENERAL ASSEMDLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

Senator Berman.

Ves.

And -- and you are aware: of course: that that -- that is a significant cost impact?

Senator Berman.

Only at the time that the exam is takenr but in the long run ik will save everybody millions of dollars and terrïble heartache, which is priceless.

Purther discussion? Senator Sehuneman.

No . That's a11 right.

All right. Senator Maitland.

Thank you very much: Mr. President: Members of tbe Senate. This is an issue, of course: that we debated some Weeks a9o on the Floor of this Chamber, and -- and the whole purpose of this legislation, of course, às to be able to allow for, or provide for: a no-frills policy which would be covering thousands and thousands and thousands of people that are not noW covered by anything. My conaern With this amendment - and I understand the purpose of it - but my concern for this is that it dramatically increases the cost of the policy that kedre talking about here: and therefore, then, would probably not allow a lot of people who we Want to have under ehe policy for -- or for the program under a very basic program would not then be under it. I -- I just' 22l  STATE OP ILLIXOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 Senator Berman, have to resist the amendment.

A11 righk. Any further discusslon? Senator Berman, to close.

Thank you, Mr. President. Ladies and Gentlemen of the Senaee, the opponents to this amendment talk abouk cost. At this point, we don't know Whether there's going ko be one enployer that's going to undertake this new program or a thousand. We don't know to what extene the usage is going to be. We don't even know the extent of what the quotes are goin: to be on the insurance. Several weeks ago we had this same debate on a more expensive amendment. That amendment was put on this bill, and ehe bill, with that amendmenk, ehat included low-dose mammography and dependent coveraqe, passed out of this Body with 58 votes. Not one dissentinq vote. NoW I support the concept of making health insurance available to as Rany employees as possible, but think ie's also important for us ko restate the policy of the Seate of Illinois regarding the availability of insurance covera:e for low-dose nammography of women thirty-five years of age and over. That's a basic policy. It's a sound investmenk to prevent terrible traqedies and ko cut down on khe experience of breast cancer. There is no one that disputes that fact. Now I ask you to support the cause of women; to support the cause of families; to support the cause of a stron: public policy aqainst breast cancer. I call for an Aye vote on this amendment.

All right. Senator Berman has moved the adoption for Amendment No. 3 to House Bill 3528. All in ravor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Purther amendmenks?

No further amendments. 222  STATE OF ILLINOIS 86th GENERAL ASSEMBLI REGULAR SESSION SENATE TRANSCRIPT 106th Legkslatkve Day June 2I, 1990

3rd Reading. Page 12 on the Calendar. 0n the Order of House Bills 3rd Reading is House Bill 3529. Senator Jones seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3529, Madam Secretary.

Amendment No. 3 offered by Senator Jones.

Senator Jones, on Amendment No. 3.

Yeah . Thank thank you, Mr. President and Members of the Senate -- Senate. Amendment No. 3 deletes reference to the providin: of three-year loss experience that one has to do in order to not be surcharqed for transferring from one company to another, and it also clarifies, rather than lists, ehe names and addresses khat producers must be provkded. Clarifkes the power to subpoena or arrest for those persons involved with the Illinois Mokor Vehicle Theft Councily and kt repeals the Motor Vehïcle Theft Prevention Act on 1-1-96, and I move it: adoption. END OF TAPE TAPE 6

Senator JoneB has moved the adoption of Amendment No. 3 to House Bill 3529. Discussion? Senator Schuneman.

Question of the sponsor? 223  STATE 0F ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

Indicates he Will yield,...

I think that the amendment does -- if it does what I think it does, it's -- it's fine, but did you remove that last -- that last senkence pertainin: to the three-year experience period being required, and make the other change in -- as far as the lists?

Senator Jones.

Okay. That -- that's fine. I stand in support of the amendment.

Yes. Okay.

Al1 right. Senator Jones has moved the adoption of Amendment No. 3 to House Bill 3529. All in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

Amendment No. 4 offered by Senator Jones.

Senator Jones, on Amendment No. 4.

Yeah. Amendment No. 4 is a recommendation from the Illinois Department of Public Hea1th, and when we passed the limited Hea1th Service Orqanization Act, that Act was not supposed Eo be under the Department of -- Publlc Health for administration) it should have been the Department of Insurance. And so what this amendment does is take the Department of Tublic Hea1th out of administration in that Act, and I move its adoption.

224  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Senator Jones has moved the adoption of Amendment No. 4 to House Bill 3529. Discussion? If not, all in favor, indicate by sayin: Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Purther amendments?

No further amendments.

3rd Reading. Also on Page 12 is House Bill 3565. Senator Severns seeks leave of the Body to return that bill to the Order of 2nd Readinq for purposes of amendment. Is leave :ranted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3565, Madam Secretary.

Amendment No. 2 offered by Senator Severns.

Senator Severns.

Thank you, Mr. President, Members of the Senake. Amendment No. is simply technical and cleanup. I know of no opposition. It was offered by the -- the Department of Public Aid. I would move for its adoption.

Senator Severns has moved the adoption of Amendment No . 2 to House Bill 3565. Discussion? If not, all in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Readinq. Also on Page 12 is House Bill 3590. Senator Watson seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? 225  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990 Leave is granted. 0n the Order of House Bills 2nd Reading is House Bill 3590, Madam Secretary.

Amendment No. 3 offered by Senator Watson.

Senator Watson.

Thank you, Mr. President. This is language that's been negotiated between the Department of Alcohol and Substance Abuse, and the Alcohol and Drug Dependency Treatment Groups over the last year to try to resolve a licensin; problem, primarily. Those people who -- who actually treat alcohol and subseance abuse who are already licensed by the Department of Professional Regulation would not have to be requlred to be licensed by the Department of Alcohol and Substance Abuse. Tt's simply clarification language that clears up a problem thatls been going on for quite some time: and I know of no opposition.

All right. Senator Wakson's moved the adoption of Amendment No. 3 to House Bill 3590. Discussion? If not, a11 in favor, indicate by saying Aye. A1l opposed . ehe Ayes have it. The amendment's adopted. Are there further amendments?

Amendment No. 4 offered by Senator Barkhausen.

Senator Barkhausen, on Amendment No. 4.

Mr. President and Membero, Amendnent No. 4 makes certaln technical corrections regarding the -- in the penalty Section of the amendment that we adopted yesterday. I'd be glad to answer your questions, and otherwise would ask for its adoption.

226  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 Senator Barkhausen's moved the adoption of Amendment No. 4 to House Bill 3590. Diseussion? If not: al1 în favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Botkom of Page 12, on the Order of House Bills 3rd Reading is House Bill 3613. Senator Severns 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 3613, Madam Secrekary.

Amendment No. -- No. l offered by Senator Severns.

Senator Severns, on Amendment No. 1.

Thank -- thank you, Mr. President, Members of the Senate. want to make certain the amendment that I'm readin: matches Amendment No. 1 - there, and it's -- the number is LR88610394.

Correct.

Thank you. This -- this amendment simply clarifies intent of the Home Ownership Made Easy Program. It ks offered by the Treasurer's Office. It's intent only, and I know of no opposition. I would move for its adoption.

Senator Severns has moved the adoption of Amendment No. to House Bill 3613. Discussion? If not, a1l in favor, indieate by saying Aye. A11 opposed. The Ayes have it. The amendment's 227  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legkslative Day June 2l, 1990 adopted. Purther amendments?

Amendment No. 2 offered by Senator Severns.

Senator Severns, on Amendment No. 2.

I would like that amendment to be withdrawn.

Lady seeks leave to withdraw Amendment No. Purther amendnentsz

No further amendments.

3rd Readlng. Top of Paqe 13. We had a late entry. 3-6-3-0. Senator Maitland seeks leave of the Body to return House Bill 3630 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 3630, Madam Secretary.

Amendment No. 4 offered by Senator Philip.

Senator Philip.

ïeah. This is a conveyance from the Elmhurst-chicago Stone Quarry in Warrenville, Illinois. It's okayed by ehe Department of Transportation. move the adoption.

Senator Philip has moved the adoptkon of Amendment No. 4 to House Bill 3630. Discussion? If not, a1l in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopeed. Further amendments?

228  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legkslative Day June 2l, 1990 No further amendments.

3rd Readinq. 3632. Senator Luft seeks leave of the Body to return House Bi1l 3632, which is found on the Agreed Bi11 List, Page 21 - so it will obviously be removed - to the Order of 2nd Reading for purposes of an amendment. Is leave granked? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3632, Madam Secretary.

Amendment No. l offered by Senator Luft. PRESIDENT ROCKI Senator Luft.

Thank you, Mr. President. Amendment No. l is the result of long negotiations bekween Senator Rigney and and DCCA ..w tinaudiblel... - Freudian slip. It creates the Tri-county Tourism Development Authority, and also the Freeport Tourism Development Authority. I'd ask for the adopkion of the amendment.

Senator Luft's moved the adoption of Amendment No. to House Bill 3632. Discussion? If not, a11 in favor, indicate by sayin: Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 3649. Senator Joyce seeks leave of the Body to return that Bi1l to the Order of 2nd Reading - that bill is found on Page 13 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 3649, Madam Secretary. SECRETAR: HAWKER: 229  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSQRIPT l06kh Legislative Day June 21, 1990 Anendment No. 2 offered by Senator Jerome Joyce.

Senator Joyce.

Thank you, Mr. President. This is a clarifying amendment. It clarifies that the money in the Aqricultural Incident Response - - the Agrichemical -- excuse me -- Incident Response Fund is used specifically for khe provisions of this Act. I'd ask for its adoption.

Senator Joyce has moved the adoption of Amendment No. 2 to House Bill 3649. Discussion? If not: all in favor, indicate by saying Aye. Al1 opposed. The Ayes have The amendment's adopted. Purther amendments?

No further amendments.

3rd Reading. 3656. Senator lito 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 Rouse Bills 2nd Reading is House Bill 3656: Madam Secretary .

Amendment No. 3 offered by Senator Philip.

Senator Philip, on Amendment No. 3.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. It simply adds tWo Words, 'eand ordinance. '' And what it does is require that a munieipal -- municipality in the collar eounties petitioning for their own stormwater ordlnance to have at least a ordinance as strong as the county ordinance . I've talked to senator Zito; he has no problem with ite so I move the 230  STATE OF ILLINOIS 86th GZNERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 adoption.

Okay. Senator Philip has moved the adoption of Amendment No. 3 to House Bill 3656. Discussion? If not, all in favor, indicate by saying Aye. All opposed. The Ayes have The amendment's adopted. Furkher amendments?

No further amendments.

3rd Reading. 3658. Senator Joyce seeks leave of ehe Body to return that bill to the Order of 2nd Reading for purposes of an amendment. 1: leave qranted? Leave is granted. On the Order of House Bills 2nd Readin: is House Bill 3658, Madam Secretary.

Amendment No. 1 offered by Senator Weaver. PRESIDENT ROCK) Senator Weaver, on Amendnent No. 1.

Thank yous Mr. President. This Would include coverage through a physician-owned HM0 organization. I'd move adoption.

A1l right. Senator Weaver has moved the adoption of Amendment No. l to House Bill 3658. Discussion? If not, all in favor, indicate by sayin: Aye. A11 opposed. The Ayes have it. The amendmene's adopted. Further amendments?

No further amendments.

3rd Reading. 3675. Senator Rea seeks leave of the Body to return that blll 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 3675. Senator Rea. Senator 231  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 Rea.

Thank you, Mr. President. I Would move to Table Amendments 2 and 3.

A1l right. Senator Rea, having voted on the prevailing side, is moving to reconsider Amendmenes 2 and 3 to House Bi11 3675 for the purpose of Tabling. A11 in favor of the Motion to Reeonsider, indieate by saying Aye. A11 opposed. The Ayes have it. The vote 's reconsidered. Senator Rea now moves to Table Amendments 2 and 3 to House Bill 3675. Discussion? If not, all in favor of the Motion to Table, indicate by saying Aye. Al1 opposed. The Ayes have it. Amendments 2 and 3 are Tabled. Further amendments, Madam Secretary?

No further amendments.

3rd Reading. 3722. Senator Topinka seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave qranted? Leave is granted. On the Order of House Bllls 2nd Reading is House Bill 3722, Madam Secretary.

Amendmrnt No. 2 offered by Senator Topinka.

Senator Topinka. SENATOR TOPINKAZ Yes. Mr. President and Ladies and GenElemen of the Senake, what this amendment does is it shortens khe turnaround time for the Department of Children and Family Serviees to place ehildren, you know, ineo their proper settinq. PRESIDENT ROCK) Senaeor Topinka has moved the adoption of Amendment No. 2 to 232  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 106th Legislakive Day June 1990 House B&ll 3722. Discussion? Senator Demuzio.

Well, Senator Topinka, it's my understanding this is about a fifty-page anendment. Our staff has no idea khat is in it. Perhaps you could speak a little more clearly and more little more forcefully and explain to us what we are doing here.

Senator Topinka.

Yes. ehis was one of the Governor's initiatives that he -- that we have been awaitin: it, and it's finally come to us. And basically what this does -- it's legislation modeled after California Statutes, which have been in effect since 1982 and working rather well there. It sets time frames for proceedings subsequent to a child beinq kaken into protective custody with a goal of providing a permanent plan for the child. Right now, a child can float around between their reqular parents, adoptive parents, or foster homes for between three and five years. And as a result, you've got this child in limbo. What we are seeking to do is to make sure that this turns around in eighteen months. And I think it': a very helpful type way, because it gets the child established into a home setting Without moving them a11 over the map and -- and keeping them in a constant state of flux.

Senator Demuzio.

Well, I don't want - unless I have to - to make the request that this amendment be passed out. Do -- why don'k you just Withdraw ehis amendment, go to conference With this; afford our staff the opportunity to look at Ehis amendment. If it is as good as you indicate that it 1s, it will come back here for concurrence. Why don't you just take it out of the record? It 233  STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21: 1990 already has an amendment on it.

Senator Topinka.

Ik was distributed: and I knowy because I've spoken to your health staffer; we've been comparin: notes on it. So I know this isn't coming totally in a vold. I Would appreciate it if we could put the amendment on, and then tonorrow, you know, if you really don't like it# you can always vote against it.

Senator Demuzio.

Well, again, you know, Senator Marovitz - I don't know if Senator Marovitz has looked at this amendment. This deals with children, and I have no idea whose jurisdiction that this amendment falls under. It's some fifty pages at length. It just seems to me to be more reasonable, and certainly more practical: if we just go to conference with this; afford the staffs the opportunity to look at it; 1ee the appropriate committee chairmen go through it to determine whether or not is as good as you indicaee, and if itfs that good, Why then it shouldn't have any difficulty on concurrence. So, it just seems to me that - I don't know why wefre hagqling at this hour - if -- we don't even know what we're quarreling about at the moment, because of the fact that it's so -- so lenqthy. Why -- why don't you just aequiesce to this request, and let's get it done?

Further -- Senator Topinka, We have a number of additional lights on. Senator Topinka.

Okay. If I have my choice though - I mean obviously that's a possibility - but again, within twenty-four hours, and with our 234  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 good staff people working on this and the process has started - in fact, Senator Jones is a joint sponsor with me on this - I think in terms of just trying to clean the schedule out as much as we can and simplify life, I would still like ko have it as an amendment, and then, you know, you can look ak it tomorrow; if you don't like it, kill it.

Purther discussion? Senator Barkhausen.

Mr. President and Members, being the spokesman of the conmittee other than Senator Topinka's Public Health Pommittee: to which this measure might have gone, I've had a chance to talk both to Direetor Johnson and the -- and the liaksons for the Department of Children and Family Services. And I believe, seriously, that this is an emergency measure that we ought to be doing it now, and certainly if we'd look at al1 the other bills that are on -- have been on the Recall List: or that have been amended here at the eleventh hour: it certainly is not without precedent eo be considerinq somethinq of fairly major magnitude at this juncture. And I wouldp along with Senator Topinkag like to urge for -- like to urge the adoption of the amendment.

Eurther discussion? Senator Collins.

Well. Senator Topinka: I I would just like for you to take time and tell us what is in the amendment, because I have not seen it, and you went through it -- your explanation -- pretty briefly there, but if it is very important - and children is my business and I would just like to know what's in it.

Senator Topinka.

235  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21# 1990 Yes. In response, basically the language allows no more than eighteen months to pass before a final decision is made by the State in terms of returning the child home, or to a lonq-term foster care situation, or to adoption. ziqht now, Illinois 1aw allows for this decision to take between three to five years and sometimes longer. And, I mean, you can have a child almost become a teenager or better. You know, youdre just about reaching adulthood before your famkly situation is straightened out. That's very disruptive, and -- and hurts the child, When we#re trying to help. And -- children is al1 of our business. I -- I mean I appreciate your comments, and I appreciate your interest, but I think this is qood for that reason.

Senakor Collins.

But, Senator Topinka, the long-term foster care arrangements may be necessary in some cases, and I don't have any problems with that portion. But the part that you said - eighteen months for adoption, that gâves me some very serious concerns. And -- am, you know, I sympathize with the problem that Ehe Department is havinq right now, but qiven the fack that many people and many families are strung out on drugs, which is an illness which really cannot be dealt with sometimes within an eighteen-month period. If the people are really trying to get kheir lives back in ordery it may take more than eighteen months, and you haven't talked aboue excep*ions in thak kind of case. Long-berm fosber care arrangements may be necessary for that family who's Erying to get their lives back in order. But to just to say you're goin: to take someone's kids permanently in eighteen months - that's not right.

Senator Topinka. 236  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21z 1990

There are provisions that for families that are trying, and in the case of those who are taking drugs and trying to rehabilitate, the Department, indeed, does have that latitude to be able to help then alon: and go a little bit longer. But where a declsion has to be made, and the Department feels it has to be made with some immediacy, this provides them with the tools to do it. PRESIDENT ROCK; Further discussion? Senator Welch.

Question of the sponsor.

Sponsor indicates she will yield, Senator Welch.

Senator Topinka, many of the foster parents that I've seen in my county -- their complaint is that they can't -- they cannot eikher get the State's Atkorney into court; they can 't get the natural parents into court, or when they do get to courty they can't qet their appeal processed. Does this bill affect that all?

Senator Topinka.

Yes it would. It Would make them. I mean, this says ei:hteen months, and they have to be there.

Senator Welch.

Is this going to provide any priority upon the State's Attorney to put these cases firskr and is it going to provide any money to the State's Attorney to expedite these cases with additional staff or courts with additional judges?

237  STATE OE ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Senator Topinka.

It would probably prioritize these cases. It should not cost any more, because these cases are already in the system - just move them up on the docket. I mean, theyfve got a deadline. And think this is something probably judicially wedre all seeking, is -- is getting to a deadline instead of dragging these things out, especially while a child is growing, developing, changing.

Senator Welch.

Well, I think it sounds like a good idea. I've been trying to get the Department to do something for the last eight years to expedite these cases where the parents -- we don't know if the foster parents are going to be able to adopt the children or not, and they're stuck, not knowing if they have a family or not, sometimes for five and six and seven years. So I think this is a good idea.

Further discussion? Senator Marovitz.

Question, Senator Topinka. Inasmuch as youbre saying that the State 's Attorneys of the counties involved Will represent the people of the State of Illinois under the Act, and have sole - and I -- emphasize the word sole - authority to commence and prosecute the petitionsy what happens to the public guardians, at leasE in -- in Cook County, who I know are doin: an excellent job in this regard?

Senator Toplnka.

The duties of the public guardian are outlined in this bill as 238  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 1G6th Legislative Day June 2l, 1990 well. So they are taken inko consideration.

Well -- we11...

Senator Marovitz.

That's al1 well and good. Du* the but on Paqe 5, line 5, you give sole authority to the State's Attorney, which means you take away all authority from the public guardian. I wonder why youlre doinq that, and I -- I would recommend that you remove thak. I don't know why you need that.

Senator Topinka.

The public guardian apparently has just now starked one case, as far as I've -- I'm hearing from my expert here. And as a result, this would keep the State's Attorney in in control of this situation, as it should be as -- as our main prosecutorial person in the county.

Senator Marovitz.

I don't want to get in a prolonged dialogue with this, but 1et me just say this: if we check with the public guardian of Cook County, who I know does a very qood job in this regard, and he would prefer you take this out so that you dre noE abrogating their authoriky . Would you take this language out - this 'esole authority'' language out?

Senator Topinka.

The public guardian has been working through the State's 239  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21r 1990 Attorney now, so I don't see hoW this removes hin from the case, or removes him from participatin: in tbe case and leading up to a timely decision.

Senator Marovitz.

Well, if if -- if what youlre saying is the case, which don't believew I -- I think it's different. I'm not saying that you -- but I -- I know khat the public guardian, at least in Cook County - I can'k speak for any other county - do get involved in these cases. If youdre saying that they dondt, then why do you need this language in the first place?

Senator Topinka.

Would not preclude his involvement.

Senator Marovitz.

And 1'11 -- Iî11 -- 1'11 stop after this: but 1et me just say this. This does preclude h1s involvement. If your advisor is sitting there telling you it doesn't, he is incorrect, because this language says that the State's Attorney has sole authority - sole aukhority - to commence and to prosecute a1l petitions and supplemental petitions. I don't know -- by doing that, you take away a1l authority from the public guardian.

Senator Topinka.

Does not preclude his involvements but it does indeed have the State 's Attorney prosecute.

240  STATC OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2l, 1990 Further discussion? Senator Fawell.

Thank you very Ruch. I happen to serve on the advisory committee of of the Aurora DCFS: and frankly, I think this is an excellent idea. We have got kids that have been ln limbo for years, just because of the fact that -- that khe foster parents have taken some of these kids in with the idea that maybe there might be a day that they could adopt them, and these kids are just in limbo until such time as that four-, five-, six-year period ends. And as far as the public guardian is concernedy I realize that in Pook County they've got Mr. Murphy, but frankly, in the other eounties, what they do is they appoint an attorneyy usually that's sitting there in the courtroom, ask them to be the guardian ad litem, he sort of takes cares of it, but the -- the State 's Attorney is really the one that is there al1 the time watchlnq out really what happens to the kids, and I khlnk ehis is an excellent idea. I think We ought to do it. I think it it sounds like ik's a solution to a problem ehat's been around way too long, and would solicit an Aye vote.

Further discussion? Is there further discussion? Senator Topinka, you wish to elose? SENATOR TOPINEA; Well, I -- I think we've discussed exactly what it does, and àt basically puts kids inko a permanenk setting, vhich now is a process that can run from three to five or bekker years. Heyw it's pro-ehildren, and I think it's somekhing we should have been doing for a long time. I would ask khak this be adopted.

Senator Topinka has moved the adoption of Amendment No . to House Bill 3722. Discussion? If not, all in favor, indieate by saying Aye. A11 opposed. The Ayes have it. The amendmentfs 24l  STATE OP ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 adopted. Further amendments?

No further amendments.

3rd Reading. 3777. Senator Newhouse 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 3777, Madam Secretary.

Amendment No. 2 offered by Senators Newhouse and Smith.

Senator Newhouse.

Thank you, Mr. President. Mr. President: I move to Table Amendment No. 1: because it's technically incorrect, and I move to introduce Amendment No.

Al1 right. Senator Newhouse, having voted on the prevailing side is moving to reconsider the vote by which Amendment No. to House Bill 3777 was adopted. A1l in favor of the Motion to Reconsider, indicate by -- I'm sorry -- Senator DeAngelis. SENATOR DeANGELIS: Can I ask him why he is withdrawing that -- wants to reconsider that?

He said it was technically incorrect. Senator Newhouse.

The bill ls technically incorrect. I will lntroduce Amendment No. 2, which contains the proper form.

Senator DeAngelis. SENATOR DeANGELIS: 242  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TZANSCRIPT 106th Leqislative Day June 21y 1990 Welly Amendment No . 2 is quite different than Amendment No. 1, and if it was a matter -- if it was just a matter of a technical eorrection, if the technicality is that you wanted to destroy the first amendment, then it is a technical amendment. But I got to tell you, No. 2 looks nothing like No. lz and I frankly like No. and I would like for No. 1 to stay on, your intent is to put on No. 2.

A1l right. Senator Newhouse is moving to reconsider the vote by Which Amendment No. to House Bill 3777 Was adopted. Al1 in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have The vote's reconsidered. Senator Newhouse now moves to Table Amendment No. to House Bill 3777. A1l in favor of the Motion to Table, indicate by saying Aye. A1l opposed. The Ayes have Amendment No. is Tabled. Further amendments?

Amendment No. 2 offered by Senator NeWhouse.

Senator Newhouse.

Thank you, Mr. President. Amendment No. 2 contains much of the same language as No. but it would create a task force appointed by the four leaders to review and examine the findings and recommendations of the Hea1th Care Summit. That's whak the amendment does.

All right. Senator Newhouse has moved the adoption of Amendment No. 2 to House Bill 3777. Diseussion? Senator DeAngelis. SENATOR DeANGELIS: Well. Mr. President I -- T had my light ony and I -- I thought 243  STATE 0P ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 I could ask for a roll call on his Motion to Table his amendment, and you proceeded to move it forward...

I did. SENATOR DeANGELIS: And...

We have for the past two hours, as a matter of fact for the past two weeks, been attempting at least to afford the opportunity for sponsors to get the bills in the shape in which they Wish to present them . And that's what I'm trying to expedite here today. It's five minutes to five, and we have yet a long way to go.

Senator DeAngelis. SENATOR DeANGELIS: Well, I -- I don't think that it's dilatory to turn around and question an action that has a fairly significant misrepresentation. And that was, with al1 due respect to Senator Newhouse, who I think yesterday, may not have been aware of what his amendment contained, but certainly to call the amendment that's following this a -- a new amendment which is very similar to the first onez and the reason he's Tabling the first one, because it was teehnically incorrect is an absolute misrepresentation. I will address this amendment, theny since you've gone -- Amendment No. folks, let me tell you what's happening here, fellow Americans. SenaEor Newhouse's Amendment that he Tabled did, in fact, create a Cook County Health Care Committee very similar to what I had proposed yesterday, when Senator Rock and I got into an extensive debate, and my amendment was defeated, which is fine. Apparently there was a reconsideration someplace that this amendment was hanging on a bill, an amendment similar to the one that was defeated, so the 244  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Word came from someplace - unbeknownst from where - bue Senakor Newhouse complied with that and has removed his amendment. But lee me just tell you, the misrepresentation is that Amendment No. 2 is like Amendment No. 1. Folks, it is not. A11 that Amendment No. 2 does -- it simply says welre going to have a legislative commitkee study this, and that's it. Now we have been I've been a member of this, Senator Smith, you've been a member of this Health Care Committee Summit Hea1th Care Committee. For nine months, we have labored diligently on this project. There are some people who Want to see the results of that meeting, or the conferences, destroyed. And probably the best Way to destroy it is to turn around and say, ''We 're going to have a legislative commiktee study it.' Now, 1et me just tell you: this summit committee has had more -- nore high-powered people than youdll ever find in any Legislature - more experts. And khy suddenly wedre now going to turn around and substitute a legislative committee to carry forward the work of the summit is beyond my comprehensiony except without attempting to put any ulterior motives on anybody's plate, unless they want to kill the progress, and the results of that -- the findings of that committee. And I know one sueh person that wants to do it: and Senator Newhouse: I would really ask you, if you dre not going to leave No. l on# please don't try to fool us by putting No. 2 on.

Al1 right. Senator Newhouse moves the adoption of Amendment No. 2 Eo House Bill 3777. Further discussion? If noty a11 in favor, indicate by saying Aye. A1l opposed. The Ayes have 1t. The amendment's -- Senator DeAngelis has requested a roll call on the adoption of Amendment No. 2 to House Bill 3777. Senator Newhouse has moved its adoption. Those in favor of the amendment will vote Aye. Opposed will vote Nay, and the voting's open. Have a1l voted who wish? Have a1l voted who wish? Have a1l voted 245  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 who wish? Take khe record. On that question: there are 30 Ayes, 26 Nays, none voting Present. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading . 3834. Senator Berman 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 3834. Senator -- Madam Seeretary.

Amendment No. 2 offered by Senator Berman. PRESIDENT ROCE) Senator Berman.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Yesterday we adopted Amendment No. 1: which was a a request of the Department of Insurance, dealk with three -- areas managing general agents, Medicare supplemental policies, and Property Casualty Guarantee Fund. Upon examining that amendment, it was decided again between the Department of Insurance and myself: that there ou:ht ko be certain safeguards regarding Medicare supplemental policies. That's what Amendment 2 does. I've shown ik to the minority spokesman on the -- on khe Insuranee Committee. He has no problem with this, so at this time, Would move that we reconsider the vote by which Amendment No. l was adopted, having voted on the prevailing side.

Al1 right. Senator Berman, having voked on the prevailing side: is movin: to reconsider the vote by which Amendment No. l to House Bill 3834 was adopted. All in favor of the Motion to 246  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21e 1990 Reconsiders indicate by saying Aye. A1l opposed. The Ayes have i*. The vote is reconsldered. Senator Berman now moves to Table Amendment No. l to House B1l1 3834. All in favor of the Motion to Table, indicate by saying Aye. Al1 opposed. The Ayes have it. Amendment No. 1 is Tabled. Senator Berman now moves the adoption of Amendment -- further amendments, Madam Secretary?

Amendment No. 2 offered by Senator Berman.

Senator Berman now moves the adoption of Amendment No. 2 to House Bill 3834. Discussion? If not, all in favorz indicate by saying Aye. Al1 opposed. The Ayes have The amendment's adopted. Purther amendments?

No further amendments.

3rd Reading. If youlll turn to Paqe 24, Senator Netsch has 3894. Senator Netseh 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 *he Order of House Bills 2nd Readin: is House Bill 3894, Madam Secretary.

Amendment No. l offered by Senator Brookins.

Senator Brookins.

Thank you, and I'd like to thank genaEor Netseh for allowing me this opportunity. This amendment any agenk failing to meet the affirmative action and equal employment opportunities or goals shall set up training programs for preparations and promotions of the categories of individuals affected by this failure. Ask for a favorable vote. 247  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990

Senator Brookins has moved the adoption of Amendment No. to House Bill 3894. Discussion? If notz all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments. PRESIDENT ROCKZ 3rd Reading. 4082. Senator Davidson, on Page 25, 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 Readin: is House Bill 4082. 4082, Madam Secretary.

Amendment No. l offered by Senator Davidson.

Senator Davidson.

Mr. President and Members of the Senate, this amendment becomes the bill. This is created by the fact that beaver and the damage that they do in drainage ditehes and irrigation ditches is an all-time high. This is addressed to it and has to take a change in the Wildlife Code to allow the snare traps, which must be fifty percent or more under water. It has a diameter of size both large and what it compressed to. Makes a technical chançe of the word ''live trapn Eo be ubox trap,ll and allows the use of cushion-hold traps. This has support of the Department of Conservation, Farm Bureau, Drainage Districts, Soil Conservations, Ag Association, Farmers Union, National Corn Growers. Appreciate a favorable vote.

All right. Senator Davidson's moved the adoption of Amendment 248  STATE OF ILLINOIS 86th GENERAL ASSEMDLY REGULAR SESSION SENATE TRANSCRIPT 106th Legkslatkve Day June 21, 1990 No. 1 to House Bill 4082. Discussion? If not, al1 in favor, indicate by sayinq Aye. A1l opposed. The Ayes have The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 4124. Senator Marovitz seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendmenk. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading, House Bill 4124, Madam Secretary.

Amendment No. 3 offered by Senator Marovitz.

Senator Marovita.

Thank you very much, Mr. President and Members of the Senate. This is the Currency Reportinq Act, which pues us in line with the Federal Government, supported by al1 the business groups and throughout the State, and a11 the bankin: orqanizations throughout the Skate. And I would ask for adoption of Amendment No. l <sic>.

Senator Marovitz has moved the adoption of Amendment No. 3 to House Bill 4124. Discussion? Senator Dudycz.

Thank you, Mr. President. Senator Marovitz, I donlt see the - - khe bill on the Recall Listy and I -- I'm noE aware of What *he amendment does. Could you please explain how the amendment differs with Senate Bill 4124 as we -- as it was prior to the amendment being placed upon it# or as it is now?

Marovitz. ..o

249  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 Okay, first of all, ehis ls House Bill 4124, and it -- it does make some substantial cbanges which were agreed to by the business community and by the banking community. It incorporates the text of certain other Reporting Acts. The -- a dishonored check -- there's a portion of the bill which deals with dishonored checks. That was proposed by 1RMA - that's doing it right - by -- okay, by the Retail Merchants. Current 1aw allows the payee ko collect ten dollars or a11 eosts and expenses, kncludkng attorney's fees, kn current collection wikh a bad check. Recently a court held that the current Statute doesn't allow the payee to collect nonlitigated coses or expenses, and therefore, the payee can receive only the ten dollars. 1RMA drafted some leglslation, which khey asked us to put on this legislation, and -- and thatls what we did.

Senator Dudycz.

Well, Mr. President, the staff Eells me it's a thirty-eight paqe amendment, and I haven't seen it; and nobody on this side has received a copy of it. We're just wondering has it been distributed, number one. Number two, Mr. Presidenky it's not on the Recall List that we have in front of us. Shouldn't there be an -- a Supplemental Recall List, if -- if we were to 9o to that order of business?

You are correct. Take it out of the record. There will be another Recall List tomorrow. Senator Savickas: are you ready to qo back to the ones that we passed over earlier? If youfll give me some direction: did We pass over -- Senator Savickas. Put him -- Senator Savickas.

Yes, Mr. President. Wkth leave of the Body, we took House 250  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2l, 1990 Bill 3386 out of the record because of the distribution of khe amendment...

All right.

think that pro/iskon has been satisfied. Everybody must have it.

All right. Senator Savickas has asked leave of the Body to return House Bill 3386 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 3386, Madam Secretary.

Amendment No. l offered by Senator Savickas.

Senator Savickas.

Yes. Mr. President and Members of the Senate, I will briefly review what the amendment to House Bill 3386 does, noW that you have it in fronk of you. The first item isy I think, an important item. It deletes the anti-solicitation provisions: whlch are noW in effect, from Chapter 38# which is the Criminal Law and Proceeding xsic> (Procedure). and instead incorporates *he Anti-solicitation Lak into the Real Estate Brokers License Law. Number two , it provides that the Department of Professional Regulation must receive. file and index a11 notices and lists of persons who wish not to be sollcieed to list or sell residential property. Number three, the Department would compile sueh a list once every six months, and make the lists available to the public and all licensed real estate brokers and agents with a buslness address in Cook or one of the eollar counties. Number four, the method of providing notice is the same as current lawp by an 25l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990 individual signing a notice or by the eompletion of a list of names and addresses of persons who wish not to be solicited. Number five, it would prohibit a real estate broker from soliciting any owner of property in Cook County to sell or list the property after the licensee has received notice that the owner does not wish to list or sell the property. The licensee is deemed to have received valid notice from the owner thirty-five days after the Department has made the lists available to the brokers. Number six -- adds a definition o; î'solicitation'' which would prohibit communication with a owner for the purpose of obtainin: a sale or listing of the owner's residence. However, solieiting does not include a broker advertising by general print or broadcast medium . Now these six ltems were - and I understand through the House staff and through the real estate people and through SONCONIS <sic> (SON/SOCC'S) Group - they were in general agreement with these six items. The other two items that evidenkly have caused some concern is item number seven. For a first offense, the Department shall issue a cease and desist order against a broker and a business fine of at least one thousand dollars. At the present 1ak under the Criminal Statutes, it calls for a fine of a thousand dollars and a year incarceratlon. So think that this, by transferring it out of the criminal provision, adds -- or is a benefit to the real estate broker. The second and subsequent violation shall result in revocation of the license and a fine of at least a thousand dollars. At present: it would be a Class 4 felony, subject to three years' imprlsonment and a ten-thousand-dollar fine. So item the seventh item, think, should be -- should be acceptable to the real estate industry in a reasonable thinking approach. The last itemy which would create a Real Estate Solicitations Violations Committee to hear alleged violations of *he anti-solicitation provisions of the 1aw -- the committee will consist of three licensees and three public members 252  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 appointed by the Director. This has been a strong contention wikh the Real Estate Board, SONCON Ksic> (SON/SOCC) and the House staff members that were involved, and the House sponsor agree khat this may be too extreme in its definition, and they are agreed to eliminate this seetion and put in a disciplinary board composed of - - under DPR, three licensees, three publie membersr none of wham are related or employed by a licensee: and the Director of DPR ls the tie-breaking votez which I think is a reasonable approach or solution to this problem. I Will try to answer any questions and solicit your support for this amendment.

All right. Senator Saviekas has moved the adoption of Amendment No. l to House Bill 3386. Discussion? Senator Karpiel.

Thank you, Mr. President. The hour is late and everyone wanks to go, so I don't think IIm golng to ask any questions. But I do stand in strong opposition to this amendment, as do the Illinois Realtors Association. There are several parts of this bill - or this amendment - that are unwieldly, to say the very least, and -- and which they have a -- with which they have a problem. But one of the most important aspects of it is this whole idea of setting up a committee that will bypass the regular Realtors Disciplinary Board and give the disciplinary action to this special committee that is set up for only one of the offenses thak is listed. There are thirty-six offenses that Realtors, you know, can be judged on. And khis is only one of those offenses, and they're going to set up a special committee to simply discipline Realtors on thls one offense. No other no other licensee has to do that in -- in the State of Illinois. That is - - that is one. Now, Senator Savickas said something about perhaps changing the way that committee is set up, but in the present amendment, it says three of these public members shall be 253  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 appointed by the Director after consultation Witb organizations which have submitted non-solicitation lists. So what you're dolng is you're setting up this committee -- a11 these members that are -- these people that are going to be sending in the lists -- they're also goin: to have -- three members on the Disciplinary Committee. That's almost like being judge and jury at the same time. I haven 't had a chance to look over this amendment a great deal, but there is a problem with the definition of solicitation. The Realtors are very concerned that even if they simply send out a good-will Christmas Card Calendar - something of that nature that they can be in violation of the Act. The discipline -- the the penalty Section is another problem. Theydre -- you know, it's very nice noe to be under the Criminal Code and have those penalties. But this penalty - these are absolutely -- there 's no flexibility in this shall have a thousand-dollar for a first offense -- a thousand-dollar fine, and a second offense, at least -- I mean, you lose your license entirely. That's worse than what we've been doing the last few days for drug offenders. mean, we're giving some those people just, you know, a first chanee, no fine, no nothing. But for someone in the real estate business, bam, they're going to get a fine immediately. I can tell that my colleagues here are Want me to sit down, but I can't say -- I can't say how much the Realtors are opposed to this legkslation. Now I know that Senator Savickas has worked with some worked wieh them and have tried to change some parts of the bill to make them less onerous. Buk it ls skill far from a bill that I could supportp the Realtors -- Realtors suppor*, or that you should be able -- that any of you should support. They are treating the Realtors as a very special licensed group. They are setting up a committee that will simply be a disciplinary board for one offense only - the anti-solicitation offense. It is wrong to do this. It is bad policy, and I urge your No vote and would like a roll call 254  STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 1990 on this amendment.

Further discussion? Senator Alexander.

Thank you, Mr. President. 1, koo, rise in opposition to this amendment. I will not go into it as much as Senator Karpiel has, but I resent the fact that this amendment removes from the Criminal Code, Chapter 38, the real estate solàcitation provision. I Wonder why? I wonder why authority is now goin: to be given to eommunity groups to become a separatist disciplinarian group to pass on judgments on purported violations of solicitation. I wonder why unpreeedent penalties which should be imposed, not by a special seleet group, will be qiven to this group to critique, to find violations according to their desires and wishes. And alsoz I feel that this amendment, if adopted, Will further restriet free access to the housing market. We are presently talking about the homeless. We are presently talking about desire to help the homeless and to get affordable housing, and this amendment would surely, surely be in dire opposition to that position of many of the Senators who want to see the homeless in houses. I suggest a No vote and ask for a roll call.

Further discussion? Senator Jaeobs.

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

Sponsor indicates he Will yield. SENATOR JACOBS; Senator Savickas, received notification from -- I'm a Realkor and I received notification from the board. And the next day after receiving that notification, I inadverkently make a 255  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 phone call, I sot in in a note in my pocket, and kithout thinking, I make a phone call to -- to that former client who now doesn't want to be or whatever, am I subject then to a thousand-dollar fine, or I'm -- or if it's a second time, am I subject to -- to having my license -- revoked just for that particular reason?

Senator Savickas.

Well, Senator, we're trying to address that particular concern, and I think we have in this amendment. On Page 5, line 30, ''As used in this Section, 'solieit' means communieating with an owner at this residenee, whether by phone, in person or in writing. for *he purpose of obtaining a sale or listing of the owner's residence. However, 'solicit' shall not include advertising in any print or broadcast media'' partieularly 'L ..available to advertisers and not addressed to a particular individual or residence.'' So that if you do just call them, not for a specific purpose -- and that's What they are trying to do is redefine that solicitation, so that those brokers that do send out mailings of Christmas cards or -- or a calendar, or a menu - as was in the case illustrated by the Real Estate Board - that they are not subject to that intimldation or that concern. And the phone call, obviouslyz if it was not intended for the solicitation, no - this would hopefully clear that up . And I -- think that's what wefre trying ko get at to get those Where it wasn't intentionally for the solicitation that -- that the broker is not intimidated or harassed on that.

Senator Jacobs.

I guess just real quickly that -- how do we know the 256  STATE OF ILLTNOIS 86th GENRNAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 intent, number one: and number two, is this limited to Chicago?

Senator Sazickas. Purther discussion? Senator Jones.

Yeah. Thank you, Mr. President and Members cf the Senate. Will khe sponsor yield?

Sponsor indicates he Will yield.

Yeah. Senator Savickas' in your opening remarks, you indicated that the -- this bill need to be amended further. So whaE is your intent - to put this in conference conmittee?

Senator Savickas.

Thak would be khe ineent. One of the intents -- we do have one more item that we're hoping -- we put the amendment -- I don't have the copies yet - they just drafted it - on khe coneern of the - - the number eight, the item of the Real Estate Solicitation Violations Committee -- to remove that, and as I said, put that under the Department under the disciplinary board. That amendment has been drafted or it's been drafted -- it's being reproduced now. Obviously, there are some changes that have to be made. Some of these cases - and I I think this is important - some of the intent of khe original law is -- is harassing some of the brokers. We are trying to alleviate some of their problems and also keep a strong unified anti-solicitation law on the books.

Senator Jones.

Well, in addressing tbe amendment, through the sponsor's own admission, the amendment is bad and need -- it's technically wrong 257  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Lesislatlve Day June 21, 1990 and need to be corrected. And on top of it, the Skake of Illinois licenses Real Estate Brokers throughout the State of Illinois, and his just limiting sueh just to the City of Chicago -- and haven't heard of any problems as it relate to solicitation in the City of Chicaqo. If -- if the State licenses all brokers equally throughout the State, then why should you limit it just to one geographical area in this State?

Is that a question? Okay. Rhetorical question at best, the Gentleman informs me. Further discussion? Senator Geo-Maris. There are khree or four additional speakers, Senator Rarpiel, before we recognize you for the second time. Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate: not only is this amendment bad, the Whole bill is bad. We already have Section 70-51 of the Illinots Criminal Code, Chapter 38, which has a very strong statement to prohlbit the solicitation or inducement of sale or purchase of real estate on the basis of race, color, religion, national origin, ancestry, creed, handicap or sex. It's already in the booksy as Senator Savickas said. There can be a fine of up to a thousand dollars or up to a year in jail, and a second offense is a Class 4 felony. I think we have responsible people running the Professional Regulations Department. What you're doing is creatin: another group to pass judgment on a Realtor. Itîs Wrong, wrong: wrong. This bill itself restricts free access of the housin: markee: and I think it should be defeated. Not only the amendmente but the bill itself.

Purther discussion? Senator Ralca.

Thank you, Mr. Presâdent and Ladies and Gentlemen of the Senate. senator Jones, I thinky Senator Savickas admitted already 258  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 that he'd be Willing to put this in conference commitkee report and come up With something, if there was a problem with it. He needs something to work with. I think we should put the amendment on the way the Senator wants to get it out of here and have it worked on. You know, and Senator Alexander, the same people that came dokn here and kanted control of their schoolsz and We gave them control of their schools, these same people want control of their neighborhoods -- they want control of their neighborhoods. That's al1 they dre asking for. And Senator Karpiel, safeguards that's what they want. SON/SOCC and the people who own these homes want some safeguards put in; they feel that this amendment can help them out. Senator Savickas agreed to put in conference committee report. Why don't we just get it out of herez put it in conference committee and have it worked on?

Senator Karpiel.

Thank you, Mr. President. I1m sorry to rise again, but I would like to just correct the -- the record on -- on a statement that was made. This bill is not only for -- for the City of Chicago. These lists have to be -- it's for Cook County, and the lists have to be made available to all contiquous counties to Cook, and that includes Will, Lake, Dupage, whatever. And that means that any Realtor from any of those counties that also sell in Cook County Will be getting these lists and will be under the provisions of this Act. And as far as pukEing iE into a conference committee, I don't think that's a very good idea either.

Al1 right. Further discussion? If not, Senator Savickas may close.

259  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Yes. Mr. President and Members of the Senate, part of this process is to not only strengthen the anti-solicitation provisions, but also to remove obligations from those brokers that do not voluntarily violate the law and are subjected to the criminal provisions. We're not tryinq Eo impose some new law. This law was created and enacted and put in the Criminal Code. The thouqhk is to remove it from the Criminal Code, give it a little more latitude to responsible brokers and quiekly, quickly define and fine those brokers that are abusing khis. Ie's nothing that's a new tricky hard law. In fact, *e relieved some of the concern of the broker on the solicitation by defining it so he's not -- not violating the law. I think this amendment and the ones that follow would definitely help our real estate committee. It will definitely help our communities, and would definitely be an asset to the State of Illinois. I Would solicit your support for adoption of Amendment No. 1. PRESIDENT ROCK) Queskion is, the adoption of Amendment No. to House Bill 3386. A roll call has been requested. Those in favor of the amendment will vote Aye. Opposed kill vote Nay, and the voting is open. Have a1l voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 10 Ayes, 41 Nays, none voting Present. The amendment fails. Further amendments?

Amendment No. 2 oEfered by Senator Savickas.

Senator Savickas, on Amendment No. 2.

Amendment No. 2 is -- is that the technical amendment for the effective date?

260  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1:6th Legkslative Day June 2l, 1990 Yes, it is.

I would move its adoption.

All riqht. Senakor Savickas has moved the adoption of Amendment No. to House Bill 3386. Discussion? If noty a11 in favor. indicaee by saying Aye. All opposed. The Ayes have it. The amendmentds adopted. Further amendments?

Anendment No. 3 offered by Senator Savickas.

Senator Savickas, on Amendment No. SENATOR SAVICkAS: Mr. President, I would withdraw that at this point. That amendment did straighten out the concern with the committee, and obviously frop their vote -- we'll just Withdraw it at this time.

All right. Amendment's withdrawn. Purther amendments?

No further amendments.

3rd Reading. A11 riqht. Ladies and Gentlemen, here is the proqram. We will nok commence with the reading of the Agreed Bill List, House Sills on 3rd Reading, commencing on Page l5. Once ehooe bills have been read in, which I Guspect will take probably twenty or twenty-five minutes at a minimum, maybê thirEy minukes, we will then have a recorded roll call vote, final action on those bitls, and then we will go# pursuant ko Member request, to Page 33, to take up Motions In Writing. Specificallyy Motions to Discharge Commiktees, for the purpose of accommodating those Members who have made those requests. So Madam Secretary, on the Order of House Bills 3rd Reading, Page 15 on the Calendar. Read 26l  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legkslative Day June 2l, 1990 the bills: please.

Eouse Bill 318. (Secretary reads title of bill) House B1ll 1190. (Secretary reads title of bill) House Bill 1382. (Secretary reads title of bill) House Bill 1477. (Secretary reads title of bill) House Bill 1550. (Secretary reads title of bill) House Bill 1585. (Secretary reads title of bill) Souse Bill 2173. (Secretary reads title of bill) House Bill 2181. lsecretary reads title of bill) House Bill 2619. (Secretary reads title of bill) Eouse Bi1l 2647. (Secretary reads title of bill) House Bill 2823. (Secretary reads title of bill) House Bill 2845. (Secretary reads title of bill) House Bil1 2875. (Secretary reads title of bill) Eouse Bkll 2896. (Secretary reads title of bill) House Bill 2941. (Secrekary reads title of bill) 262  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l: 1990 House Bill 2959. (Secretary reads title of bill) House Bill 2964. (Secretary reads title of bill) House Bill 2965. (Secretary reads title of bill) House Bill 2988. (Secretary reads title of bill) House Bill 3027. (Secretary reads title of bi11) House Bill 3038. (Secretary reads title of bill) House Bill 3050. (Secretary reads title of bill) House B1l1 3051. (Secretary reads title of bill) House Bill 3063. tsecretary reads title of bill) House Bill 3075. (Secretary reads title of bill) House B111 3099. (Secretary reads title of bill) House Bill 3107. (Secretary reads title of bill) House Bill 3117. tsecretary reads title of bill) House Bill 3134. (Secretary reads title of bill) Hduse Bi11 3144. (Secretary reads title of bill) House Bill 3150. (Secretary reads title of bill) 263  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 A bill for an -- House Bill 3151. (Secretary reads title of bill) House Bill 3154. (Secretary reads title of bill) House Bill 3155. (Secretary reads title of bill) House Bill 3181. (Secretary reads title of bill) House Bill 3195. (Secretary reads title of bill) House Bill 3207. (Secretary reads title of bill) House Bi1l 3213. (Secretary reads title of bill) House Bill 3214. (Secretary reads title of bil1) House Bi1l 3249. (Secretary reads title of bill) House Bill 3257. (Secretary reads title of bill) House Bil1 3261. (Secretary reads title of bill) House Bill 3284. (Secretary reads title of bill) House Bill 3293. (Secretary reads title of bill) House Bill 3294. (Secretary reads title of bill) House Bill 3297. (Secretary reads title of bill) House Bill 3302. (Secrekary reads title of bill) 264  STAQE OF ILLINOIS 86th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 House Bill 3312. (Secretary reads title of bill) House Bill 3316. (Secretary reads title of bill) House Bill 3324. (Secretary reads title of bill) House Bill 3333. (Secretary reads title of bill) House Bill 3334. (Secretary reads title of bill) House Bill 3350. (Secretary reads title of bill) House Bill 3356. (Seeretary reads title of bill) House Bill 3363. (Secretary reads title of bill) House Bill 3374. (Seeretary reads title of bill) House Bill 3449. (Seeretary reads title of bill) House Bill 3479. (Secretary reads title of bill) House Bill 3481. (Secretary reads title of bill) House Bill 3509. (Seeretary reads title of bill) House Bill 3510. (Secretary reads title of bil1) House Bill 3518. (Secretary reads title of bill) House Bill 3521. (Secretary reads title of bill) 265  STATE OP ILLINOIS 86th GESERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislatkve Day June 21y 1990 House Bill 3524. (Secretary reads title of bill) House Bill 3572. (Secretary reads title of bill) House Bill 3573. (Secretary reads title of bill) House Bill 3591. (Secretary reads title of bill) Nouse Bill 3597. (Secretary reads title of bill) House Bill 3603. (Secretary reads title of bill) House Bill 3639. (Secretary reads title of bill) House Bill 3651. (Seeretary reads title of bill) House Bill 3671. (Secretary reads title of bill) House Bil1 3679. (Secretary reads title of bill) House Bill 3682. (Secretary reads title of bill) House Bill 3707. (Secretary reads title of bill) House Bill 3716. (secretary reads title of bill) House Bill 3717. (Secretary reads title of bill) House Bill 3721. (Secretary reads title of bill) House Bill 3731. (Secretary reads title of bl11) 266  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 House Bill 3732. (Secretary reads title of bill) House Bill 3733. (Secretary reads title of bill) House :ill 3736. (Secretary reads title of bill) House Bill 3738. (Secretary reads title of bi11) House Bill 3739. (Secretary reads title of bill) House Bill 3743. (Secretary reads title of bill) House Bill 3748. (Secretary reads title of bil1) House Bà1l 3766. (Secretary reads title of bill) House Bill 3795. (Secretary reads title of bill) House Bill 3823. (Secretary reads title of bill) House Bill 3824. lsecretary reads title of bill) House Bill 3825. (Secretary reads title of bill) House Bill 3829. (Secretary reads title of bill) House Bill 3830. (Secretary reads title of bill) House Bill 3842. (Secretary reads title of bill) Eouse Bill 3849. (Secretary reads title of bill) 267  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 21, 1990 House Bill 3856. (Secretary reads title of bill) House Bill 3868. (Secretary reads title of bill) House Bill 3870. (Secretary reads title of bill) House Bill 3879. (Secretary reads title of bill) House Bill 3983. (Secretary reads title of bill) House Bill 3987. (Secretary reads title of bill) House Bill 3998. (Secretary reads title of bill) House Bill 4009. (Secretary reads title of bill) House Bill 4025. (Secretary reads title of bill) House Bill 4035. (Secretary reads title of bill) House Bill 4038. (Secretary reads title of bill) House Bill 4081. (Secretary reads title of bill) House Bill 4085. (Secretary reads title of bi11) House Bill 4159. (Secretary reads title of bill) House Bill 4185. (Secretary reads title of bill) House Bill 4192. (Secretary reads title of bill) 268  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSTON SENATE TRANSCRIPT 106th Leqislative Day June 2l# 1990 House Bill 4204. (Secretary reads title of bill) House Bill 4221. (Secretary reads title of bill) House Bill 3371 offered by Senator Macdonald. (Secretary reads title of bill) 3rd Reading of the bills.

The next roll call will be on the final passage of these bills just read by the Secretary. So T would ask all the Meabers to Within the sound of my voice - to please, again, come to the Floor. Question is, shall this series of bills pass. Those in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have a11 voted who Wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that queskion, there are 59 Ayes, no Nays, none voting Present. The Nays and Present votes are are as recorded in the Office of the Secretary of the Senate. And this series of bills, havin: received the required constitutional majority by record vote, are deelared passed, and the record vote for each bill passed will be entered in the Journal. All right. Ladies and Gentlemen, as a final order of business, a number of Members have filed Motions, which they Wish to pursue. END OF TAPE TAPE 7

On the Order of Motions in Writing, Page 33 on the Calendar, is a motion filed with respect to House Bill 2700. Madam 269  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990 Secretary: read the motionz please.

I move that the Committee on Agriculture and Conservation be discharged from further consideration of House Bill 2700, and Ehat the bill be placed on the Order of 3rd Readinq. Filed by Senator Woodyard.

Senator Woodyard.

Thank you, Mr. President, Members of the Senate. This Motion to Dlscharge -- is a result of agreements between the Department of Conservation, the Chicago Herpetological -- the snake folks in Chicago, and -- and also the Environmental Council, and ehere is total agreement on this bill that was left over from last year. IId be Mlad to answer any questions on it, but that's What this motion does is -- is discharge and place it on 3rd Reading.

A11 right. Senator Woodyard has moved that the Committee on Aqriculture be discharged from further consideration of House Bill 2700, and the bill be returned to the Order of 3rd Reading, from which it had been re-referred. Those in favor of that motion Will vote Aye. Opposed will vote Nay, and the voting 's open. A1l voted who wished? Have al1 voted Who Wish? Al1 voted who wish? Take the record. On that question, there are 46 Ayes, 1 Nay, none voting Present. The motion carries, and it is so ordered. on the Order of Motions Writins, there's a motion with respect to House Bill 3085, Madam Secretary. Read the motion, please.

I move to discharge the Committee on Elementary and Secondary Education from further consideration of House Bill 3085, and that the bill be placed on the Order of 2nd Reading. Filed by Senator Thomas Dunn.  STAQE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990

Senator Dunn.

Thank you, Mr. President. We had a situation in W111 County where two superintendents got indicted for misappropriation of their funds. In an attempt to come up with a bill to provide more notice to the public and to the legislators, I introduced a bill and attached my amendment to House Bill 3085, whieh turned out to be the 1MA bill. Because of the problems associated with that bill, I held 3085 as the sponsor, since it Was the only bill I could attach onto at the time, and I held that bill in commitkee. What I Would like to do, and I seek your indulgence to do, is to discharge that bill and strip the IMA language out of it completely, and to substitute State Board of Edueation language that is aceeptable and has nothing to do with the IMA aspect of the bill, and also language that the regional superintendents are in favor of, which is not related to the IMA bill as well. And thae will be the first motion I will make.

All right. Senator Dunn has moved to discharge khe Committee on Elementary and Secondary Education from further consideration of House Bill 3-0-8-5, and asks that it be brought out to the Calendar on the Order of 2nd Reading. ehose in favor of that motion. Senator Geo-#aris...

.. . sponsor yield for a question?

Indicates he Will yield, Senator Geo-Karis.

Why are you stripplnq the IMA amendment? Is that the one that said Ehak they should teach business? Would you tell us what that amendment was that youdre stripping out? 27l  STATE OF ILLINOIS 86th GENERAL ASSRMNLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

Senator Dunn.

I'm sorry Senator. I couldn 't hear a11 of your çuestion.

Pardon?

Senator Geo-Karis.

Pardon, sir?

Well let's start over. He couldn't hear youz and now you can't hear us. SENATOR GEO-XARIS Oh. Why are you stripping out the amendment of the IMA, and what Was that amendment about?

Senator Dunn.

The -- the IMA bill dealt With the naming of ehe three-member body to oversee school boards, and the reason I am strippin: it is because there was so much opposition to that during the Education Committee's hearing that I did not call the bill. And it is in my -- my intent not to deal with that, but to deal With the subject of the two superintendents that had a problem.

All right. You've heard the motion as placed by Senator Dunn. Senator Fawell.

Thank you very much. I just wanted to tell my colleagues from Dupage' I did get a phone call from our regional superintendent. who asked that this bill be discharged from committee if at al1 272  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day June 2l, 1990 possible' so I would urge your support for this motion.

All right. Senator Dunn has moved ko discharge the Committee on Elementary and Secondary Education from further consideration of House Bill 3-0-8-5. Those in favor of that motion will vote Aye. Opposed, vote Nay. The voting 's open. Al1 voted who wish? Have a1l voted who wish? Have all voted Who wish? Take the reeord. 0n that question: there are 42 Ayes, l Nay, none voting Present, and the bill is discharged and placed on the Order of 2nd Readinq. Senator Dunn, if you wish to proceed, you'd have to have the bill read a second time. All right. With leave of the Body: we'll go to the Order of House Bills 2nd Readinq. Read the bill, Madam Seeretary. SECRETARY HAWKER; House Bill 3085. (Secretary reads title of the bill) 2nd Reading of the bill. No committee amendments.

Are there amendments from the Floor?

Senator Thomas Dunn offers Amendment No. 1.

Senator Dunn, on Amendment No. 1.

Thank you, Mr. President. As I said earlierr this amendment strips out the IMA languase and substitutes in khe fac: that regional superintendents may borrow funds to begin programs where a State or federal grant has been delayed. This also includes the regional superintendents and the CSR'S employees into the Tort Immunity Act, and it further requires that the State Board of Education shall report audits to khe Leqislative Audit Commission, when they are completed, of each edueational service region. In 273  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l# 1990 the event that there has not been a filing: there shall be notiee published in a newspaper in the region that the audit is kept for public inspection by the regional superintendent, and the legislators in the respective districts will be notified as well.

A1l right. Senator Dunn's moved the adoption of Amendment No. l to House Bill 3085. Discusslon? If note a11 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Bottom of Page 33. House Bill 3125. Senator Collins. Top of Page 34. House Bill 3139. Senator Zito. House Bill 3242. Senator Topinka. Read the motion.

I move that the Committee on Agriculture and Conservation be discharged from further consideration of House Bi11 3242: and that the bill be placed on the Order of 2nd Reading. Filed by Senator Topinka.

Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate, *e are using this bill basically to gut it out and put on an amendment which was an administraEion bill for Ehe Depar*menk of Historic Preservation which was sEalled in the House Rules Committee, and it came out of here on the Agreed Bill List. So ie's aqreed to on all sides.

A11 right. Senator Topinka has moved to discharge the Committee on Agriculture and Conservation from further  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1û6th Legislative Day June 21, 1990 conskderation of House Bi11 3242. Those kn favor of that motion will vote Aye. Opposed, vote Nay, and the voting 's open. Al1 voted who wish? Have a11 voted who wish? Have all voted Who wish? Take the record. On that question, there are 42 Ayes, Nays, none votin: Present. House Bill 3242 -- and the motion prevails. House 3ill 3242 is discharged. With leave of the Bodyy wedll read the bill a second time. On the Order of House Bills 2nd Reading is House Bill 3242. Read khe bille Madam Secretary.

House Bill 3242. (Secretary reads titte of the bkll) 2nd Reading of the bill. No committee amendmenEs.

Any amendments of the Ploor?

No Floor amendments.

3rd Reading. House Bill 4046. Senator DeAngelis. Read the mokion, Madam Secretary.

I move that the Committee on Energy and Environment be discharged from further consideration of House Bill 4046, and that the bill be placed on the Order of 2nd Reading. Filed by Senator DeAngelis.

senator DeAnqelis. SENATOR DeANGELIS: Thank you, Mr. President. House Bill 4046 got stalled in the Environmental Committee becauqe of a political eross fire that waE gotng on at the time, and the bill simply requires that for a composting siting for a composting facility, that the siting process be expanded to include a public hearing and a public 275  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE QRANSCRIPT 106th Legislative Day June 2ly 1990 nokice. We've had a proliferation of those eompost sitese and a lot of people have been most upset because they have not either been notified or know nothing of that happening. T urge that we discharge this.

All Right. Senator DeAngelis has moved Eo discharge the Commikkee on Energy and Environment from further consideration of House Bill 4046. Discussion? Senator Welch.

Thank you, Mr. President. I'd just point out khat this same bill is coming over on -- a bill coming back from the Senate <sic> . I think it's No. 1702, a similar provision.

Senator DeAngelis. SENATOR DeANGELIS: If that be the case, 1111 withdraw that request.

Al1 right. Motion is withdrawn. Additional motkons have been filed, Ladies and Gentlemen, with respect to House Joint Resolution l17 and l16 and 117 by Senator Watson. The Gentleman is seeking to Discharge the Committee on Executive from further consideration of those two motions, and asks that they be placed on tbe Calendar on the Order of Secretary's Desk, Resolutions. So -- Madam Secretary, House Joint Resolution 116 and Eouse Joint Resolution Read the motkons: Kadam Secretary, please. The ones I just qave you.

I move to discharqe the Committee on Executive from further consideration of House Joint Resolution 116, and that it be placed on the Calendar on the Order of Secretary 's Desk, Resolutions. Filed by Senator Watson.

276  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislatkve Day June 2l, 1990 Senator Watson.

Yes. Thank you, Mr. President; I appreciate this courtesy. Two resolutions and I have talked to both Senator Karpiel and to Senator Joyce concerning this. I understand that the Director of the Department of Veterans Affairs needs these resolutions to present to a POW/MIA group. And this particular Resolution, 1-1-6, asks for the display of the National -- of the National League of Families POW/MIA fla: in the Capitol Rotunda. Appreciate this your support.

Al1 right. Senator Watson has moved to discharge the Committee on -- Executive from further consideration House Joint Resolution 1l6 and 117, asking that they be placed on the Calendar on the Order of Secretary's Desk, Resolutions. We'11 get to that order of business tomorrow. Al1 in favor of those motions: indicate by saying Aye. All opposed. The Ayes have it. The motions carry, and it's so ordered. Senator Netsch.

Thank you, Mr. President. I'm rapidly Writing out the motion right now. It's a Motion to Discharge the Committee on Executive from further consideration of SJR 202, and that be placed on *he Seeretary's Desk. Tbat has also been cleared with the respective chairmen, and it is...

Senate Joint Resolution 202, Madpm Secretary. Senator Neksch has moved that the Committee on Executive be discharged from further consideration of Senate Joint Resolution 202, and that it too be placed on *he Order of Seeretary's Desk, Resolutions. A1l in favor of that motion, indicate by saylng Aye. All opposed. The Ayes have it. The motion carries, and it is so ordered. Two addikional motions have been filed. Senator Savickas, you Wish to 277  STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1:6th Legislatkve Day June 2l, 1990 pursue your motion? Here, Madam Secretary, those are the last two. There are two motions remainingr and then we Will adjourn until nine o'clock tomorrow morning. The House has already gone home. And we will start at nine o'clock tomorrow morning and hopefully conclude our business early. Motions in Writing, Madam Secretary. Read the motion.

I move to discharge the Committee on Rules from further consideration of House Bill 2-1-1-7, and that the bill be placed on the Order of 3rd Reading. Filed by Senator Savickas. PRESIDENT ROCE) Senator Savkckas.

Yes, Mr. President and Members of the Senate. feel a little embarrassed in getting up asking for this discharge motion, but Iw as I guess some of you have watched our bills on the House Bills 3rd Readin: Calendar, not realizing that ''Ruled Exempt'' statement after it was the only consideration that that bill was still alive. Sitting there thinking this bill was alive - I had not sought or thought anything that the bill would be called, so at this time to pay for my embarrassment, I am seeking your support in -- in this motion to place House Bill 2117 on the Calendar of House Bills 3rd Reading as it was before.

All riqht. Senator Savickas has moved Eo discharge khe Committee on Rules from further consideration of House Bill 2117, and asks that the bill be placed on the Order of 3rd Reading. Discussion? Senator Fawell.

Senator, would you yield for a question?

278  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 1G6th Legislative Day June 21, 1990 Indicates he will, Senator Fàwell.

Senakor Savickas, is this the bill about billboards that we are trying to avoid?

Senator Savickas.

Well: I don't know who's trying to avoid it, but yes, it is about the billboards and the regulations on the zoning thing since 1958. I think it should be heard and voted up or down.

All right. Senator Savickas has moved to diseharge the Committee on Rules from further consideratlon of House Bill 2117 asks that the bill be placed on the Order of 3rd Reading. Those in favor of that motion will vote Aye. Opposed will vote Nay, and the voting's open. All voted who wish? All voted Who Wish? Have al1 voted who wish? Have a1l voted who wish? Take the record . On that question, there are 22 Ayes, 18 Nays, and the motion fails. Further motions, Madam Secretary? Senator Luft, do you wish to pursue your -- read the motion.

Having voted on the prevailing sidez move to reconsider the vote by which 3390 failed. Filed by Senator Luft.

Senator Luft.

Thank you, Mr. President. It's my understanding that the problems have been worked out with House Bill 3390. One of the problems was Ehe two-year extension of one of the DCCA problems -- or programs. So I'm asking to reconsider the vote by which House Bill 3390 passed, and placed on the Order of 2nd Reading for the 279  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l: 1990 purposes of an amendment.

All riçht. You've heard the motion as placed by Senator Luft. He 's moving to reconsider the vote by which House Bill 3390 was defeated. Those in favor of that motion will vote Aye. Opposed, vote Nay, and the voting's open. A11 voted who wish? A11 voted who wish? All voted Who wish? Take the record. On that question: there are 39 Ayes, 4 Naysz l voting Present, and the notion prevails. With leave of the Body, welll read the bill a second time. It's on its way down. We'1l have to wait, physically, for the bill to get here. All right. Senator Dunn, for what purpose do you seek recognition?

Thank your Mr. President. I move for immediate consideration and adoption of Senate Resolution 1269, which is conqratulatory.

Okay. 1269. Senator Dunn. Okay. It's not yet been read in. Senator Welch, for what purpose do you arise?

I have a Motion in Writing, Mr. President, on House Bill 4114.

Okay. Madam Secretary, if you will? The Order of Motions in Writinq, Paqe 34# is -- Motion in Writing with respect to House Bill 4114.

I move that Rule 5c be suspended With respect to House Bill 4-1-1-4 for the purpose of allowing the bill to be reported by the Senate in Energy and Environment Committee until November 30, 1990. Piled by Senator Welch.

Senator Welch. 280  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 2l, 1990

Mr. Presidenty this isn't really my bill; this is Senator Davidson's bill. But what I did Was, in agreement with Senator Davidson, filed a motion to extend the period for discharging tbe Committee on Energy and Environment of the bill sponsored by Senator Davidson. The purpose for this was that it was a far-reaching piece of legislation. We wanted to hold a committee hearing before we moved and based on that assurance, the members of the eommittee agreed that we would proceed in this fashion.

A1l right. Senakor -- Senator Davidson: on this motion.

Yes. Mr. President, to concur in What Senator Welch was this is a bill that we want to have in position to move when we come back in the fall in relation to the Federal Clean Air Act. This is a joint interest of *he public utilities, the coal operakors, and the United Mine Workers, al1 in agreement: and we got to have some vehicle to address what the federal Clean Air Ace does or does not do. And this is the vehicle' and at the request of khe chairman and the committee that Was hearing it: Was to ask for to be exempted from the rules so we can have the committee hearings necessary, and be prepared to address this problem When we come back in the fall.

All rlght. Youlve heard the motion. Those in favor cf this motion will vote Aye. Opposed, vote Nay, and the voting's open. A1l voted who wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 52 Ayes, no Nays, none voting Present, and the motion carries. All riqht. On 3390 the situation ls Senator Luft's motion prevailed. That bill is back on the Order of 3rd Reading. My understanding was it was 281  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day June 21, 1990 to be amended. I don't frankly care if ik is amended. So we can move on, Madam Secretary . Senator Topinka, for what purpose do you Eeek recognition?

Xes, sir. I have a Moeion in Writing for Senate Joint Resolution 116 on Page 34, please. PRESIDENT ROCSI Al1 riqht. Read the motiony Madam Secretary.

I move that the Committee on Executive be discharged from further consideration of Senate Joint Resolution 116, and that the resolution be placed on the Secretary's Desk. Filed by Senator Topinka.

Senator Topinka.

Mr. President and Ladies and Gentlemen of the Senate, I appreciate the review that this bill, which was basically a private enterprise review and advisory board to study privatization of activities in the State. Got on the Executive Committee, but a number of people were missing that day. And soy as a result, I Would like to discharqe the committee so that it would indeed 9et the full attention of the Senate.

All righk. Senator Topinka has moved to discharge the Committee on Executive from further consideration of Senate Joint Reuolution 116, asks that it be placed on the Order of Secretaryfs Desk, Resolutions -- Secretary 's Desk, Resolutions. This is not final action. Al1 right. Al1 in favor of that motions indicate by saying Aye. All opposed. The Ayes have it. The motion carries, and it's so ordered. Xes, I was going to say khat, but you beat me to it. Are there any further motions filedy Madam 282  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENA'E TRANSCRIPT 106th Legislative Day June 2l, 1990 Secretary? SECRETAR; HAWKER: I move that the Committee on Rules be discharged from further consideration of House Bill 3246, and that the bill be placed on the Order of 3rd Reading. Filed by Senator Brookins. PRESIDENT ROCK Senator Brookins.

Thank you, Mr. President. On this bill, I have talked with the University of Illinois and et cetera: and they are in support of this, and we did not get an opportunity to :et ik out of Rules, and I ask that it could be got out of Rules so it could be heard.

Senator Brookins has moved to discharge the Rules Committee from further consideration of House Bill 3246. 3-2-4-6. Discussion on the motion? Senator Davidson. SENATOR DAVIDSON; Mr. President, he asked for it to go to 3rd, be placed on ehe Order of 3rd Readinq, which means passaqe, and I'd sure like to know what this bill does. He said uomething about University of Illinois, but my understanding, applies to all higher education, the Board of Regents, Board of Governorse et cetera, et cetera. I#d like ko have a little more explanation.

Well -- the Chair is prepared to rule the motion's out of order. It cannot go to the Order of 3rd Reading. That motion's out of order. Any further business to come before the Senate? Announcements? Senator Hall moves that the Senate stand adjourned till Priday, June 22nd. Tomorrow morning ak ehe hour of nine o'clock. 9:00 a.m. 283  ,;) I R '. > poRy: 'rzguaxy STATE DF ILLIàSIS 9z/bû/û% l P/ E: 0Q1 86TH GENERAL ASSEABLY 13:e#zQ5 S6RATE DAILY TRANSCRIPTION OF DEBATE INDEX JUKë 21. 1990 H:-0309 RECALLED t82 HB-03t8 THIRO RfADING 262 H3-0:93 THIRZ READING 3 H8-:950 THIRD READING HB-0951 THI:D READING Hb-0953 THIRD READING :8-095: RECALLEO 88-0954 THIRO READING HB-0982 THIRO READING HB-1190 THIRD READING H8-1222 RECALLED HB-t2&3 FHIRD kEADING HB-t3d2 THIRD READING HB-1#T7 THIRD REAOING HB-150# THIRD kEAOING H:-1550 Tqlk: READING HB-l560 THIRO READING HB-l560 0UT GF RECORD 98-1585 THIRD READING Hb-l68t THIRD READING H3-1699 RECALLED HB-1T&2 RECALLED H3-1T8# REEALLED HB-l78# POSIPO#kED CONGIDERATIGN 88-2117 hIOTION 88-2173 THIRD READING HB-2173 TBIRD READING HB-218I THIRD READING 88-2367 THIRD READING 88-2383 THIRD READING 88-2389 RECALLED 83-25*3 THIRD READING 88-2619 THIRD AEADING H5-2647 THIRD READING HB-2700 KDTION 63-2823 THIMD AEADING 66-28#2 RECALLED 68-2845 THIRP READING 68-2875 THIRD REIDING H6-288: THIRD READING H8-2896 THIRD READING H8-2907 SECOND READING 68-2941 THIRD READING 88-2959 FMIRD READTNG 88-2964 THIRD REZDING H6-2965 THIRD HEADING H6-2966 THIRD READING HB-2986 THIRD READING HB-3ûl9 THIRD R6ADING H8-3020 THIRD REAOING H3-302: THIRO READING 8:-3027 THIRD READING 88-3038 THIRO REAOING :8-3050 THIRD READING HB-3û5t THIRD READING H8-3Q63 THIRO READIN: HB-3075 THIRD READING HB-3ûu5 SECORO READING H8-3085 #10rfG& H:-3089 YRIRO READING Hb-3090 RECALLED H8-3D99 TBIRD REAJING HB-3t07 THIRO REAOING HB-3tt7 THfRD REAOING  2QP0RTr TIFLDAY srayy OF ItLlNols 90/t0/0# I P4961 0O2 :ôTH GENERAL ASSEHBLY 13104:05 ! . G:NATE DAILY TRANSCRIPTION OF DEBATE INDEX JU&6 2tv 1990 *:-313: THIRB READING PAGE *8 85-313# THIRD READING PAGE 263 H3-3136 RECALUED PAGE l93 HB-31## THIR: READING PAGE 263 H3-31:9 THIRP READING PAGE 50 HB-3150 THIRO READING PAGE 263 HB-3l5t THIRO READING PAGE 264 HB B8-3 - 15# THIRO READING 3:55 5HIRû READING PAGE PAGE 264 26# I HB-316t RECALLED PAGE l9# HB-316< THIRD REAOING PAGE 51 HB-3l67 THIRR READING PAGE 52 ' HB-31é8 THIRD READING PAG6 57 H8-3k8l THIRD READING PAGE 26* H:-3195 THIRD READING PAGE 264 H8-3L97 RECALLED PAGE 195 88-3202 THtRû READING PAGE 58 I H:-320T THIRD READING PAGE 264 H8-32:3 THIRO READING PAGE 264 HB-321# THIRD READING PAGE 264 1 H8-3220 THIRO REAOING PAGE 83 H8-32:2 SECUNO READING PAGE 275 H8-3242 MOTION PAGE 2T4 88 H:-3 - 246N 32:9 OTIONREADING THIRD PAGE 2 PAGE 83 264 1 i H8-325: THIRD REAOIRG PAGE 264 HB-32&1 THIR: READING PAGE 264 H8-3273 THIRD READING PAGE 64 H8-328# THIRO READING PAGE 2b4 88-3290 THIRD READING PAGE 65 H8-3293 THIR: READIRG PAGE 264 H:-329# THIRD READING PAGE 264 H3-3297 THIRD READING PAGE 26A H8-33:2 THIRO READING PAGE 26# HB-3310TAIROREADING HB-33t2 THIRD READING PAGE PAGE T1 265 1 H8-3316 THIRO READING PAGE 265 H3-3318 THIRD READING PAGE 12 H3-332: THIRD READING P/GE 265 H8-3325 BECALLED PAGE 198 88-3325 DUT 0F RECORD PAGE k99 H8-3326 RECALLED PAGE 1ç9 H8-3330 THIR: READING H8-3333 THIRD READING PAGE PAGE le 2ô5 1 88-333: THIRZ READING PAGE 265 H8-3337 RECALLED PAGE 200 H8-3350 THIRO READING PAGE 265 H:-3356 THIRD READING PAGE 265 H8-3363 THIR9 READING PAGE ;65 88-3371 THIRO READING PAGE 269 H8-337: THJR: READING PAGE 2&5 H:-3366 RECALLEB PAGE 2ll H6-3386 REEALLEO PAGE 250 H:-3386 OUT OF RECORD PAGE 2k# 1 H:-3390X05lON - PAGE 2I9 j H8 3 - 397 T 3126 HIRO R THIR2 EADTNG READING PAGE PNGE 19 81 l 88-3412 RECALLED PAGE 215 1 H8-3#26 FHIRD REZDING PAGE 89 j HB-3#49 THIRO READING PAGE 265 ' H8-3454 THIRD READING PAGE 95 H8-3:79 TMTRD READING PAGE 265 H8-3:81 THIR: READING PAGE 265 HB-3#9& REEALLED PAGE 2l5 ' 1  / REP:RT; TIFLDAY 8GS1-TA 9 'G rE ()F ILLINoIs gr2 soylcyc?k , PAGE: 003 ENER/L ASSEhIBLY /' 13'OV:25 j SENA' rE ; DAILY TRANGûRIPT .ICN oF IlyliAyfj INa:x ) uuNE 2l, 1990 : Hg-3sos THIRD &y4azNG H: 8-35510 - 09r HlanR THIRD gzolNc y/ ' READING 98-3513 RECALLED 8:-35L8 THIRD NG H8-3521 THIRD EADIRG H3-3524 FHIRD READING H8-3527 THIRP REAOING H8-3528 REEALLED H8-3529 REEZLLK: H8-3536 THIRD REAOING 9:-3565 REEALLED H8-35T2 THIRD READING H8-3573 THIRD ZEADING HB-359Q RECALLED H8-359: THIRD READING H8-3597 THIRD READING H8-3623 çH1R2 XEADIRG H:-36:0 SECQND READING H8-3613 RECALLED HB-3ôl# THIRO READING H8-363D RECALLED H8-3832 RECALEED H3-3639 THIR: REAOING H8-36*9 REEALLED H3-3651 THIRD REAOING H8-3655 THIRD READING 88-3656 RECALLED 1:-3658 REEALLED HB-3:7l TNIRD READING 85-3675 REEALLED 68-3675 THIRD READING H8-3679 THIRD READING H8-3682 THIRD READING 88-3691 THIRO READING HB-3T07 THIRD READING HB-37t& FHIRO READING Hû-3717 THIRD READING Hb-3Tt3 THIRD READTNG HB-372t THIRD READING H3-3722 RECALLED Hb-3725 SECOND FEADING H8-373: THIRD REAOING H:-3T32 THIRO REAOING 83-3733 THIRO REAOING H3-3736 THIRO RE/DING H8-3:38 THIRO READING H8-3739 THIRD READING HB-37#0 THIRD REAOING H8-3743 THIRD REAOIKG HB-3;#e 1 HIRD READING H8-3766 THIRD READING H:-3777 RECALLED H8-3795 THIRD R6à91NG *8-3815 THIRD READING H8-3823 THIRD READING 88-382# THIRD READING 88-3825 THIRD READING H8-3829 THIRD READING H8-3830 TBIRD READING H8-383: RECALLED H8-38*2 THIRD READING 88-38:9 THIRD READING 9:-3852 IHIRD READING  . ! REPORTZ TIFLOAY STATE OF ILLINUIS 90/10/04 . PAGFJ 0Di 66TH GENERAL ASSEMBLY 1319:105 SfNATE DAILY TRANSCRIPTIQN 0F OEBATE INOEX JUNE 21. :990 ê 88-3853 THIRD READING PAGE ki0 88-3856 THIRO READING PAGE 268 H8-3859 THIRD READING PAGE 14t ' HB-3BôB THIRD READING PAGE 268 i ' H8-3870 THIRD READING PAGE 268 ' H8-3875 THERD READING PAGE 1#2 88-3879 THCR: READING P/GE 268 HB 8- - 389t T 389# HIRD READING RECALLED PAGE PAGE l#3 2*1 1 H8-3897 YHIRD R6JDl&6 PAGE l#5 ! 88-3902 THIRD READING H8-3949 THIRO READING PAGE PAGE 1#5 1V6 l ! *8-3962 THTRD REAOING PAGE 147 1 86-3983 THIRD READIRG PAGE 268 : H8-398T THIRD READIRG PAGE 268 1 6ö-3998 THIRD READING . PAGE 268 ! :8-4009 THIRD READtNG PAGE 268 ' H8-*025 THIRD RFADING PAGE 268 ! *8-*035 THIRD READING PAGE 268 H:-4038 THIRB READING PAGU 2b8 H8-40#6 MOTIBN PAGE 279 HB-406t THIRD REAZIRG PAGE 148 HB-408t T9IRD READING PAGE 268 # HB-*082 REEALLEO PAGE 248 H8-4085 THIRD REAOING PAGE 268 HB-Atl# MOTION PAGE 280 ! HB-#l24 RECALLED PAGE 2h9 ! H3-#1d# OUT OF RECORD PAGE 250 E HE-At#o THIR: READING PAGE 160 HB-#1#9 ZECOND READING PAG6 180 ' Hö-1159 THIRD RE/DING PAGE 268 . HB-4t69 THIRD READING PAGE t72 ! HB-A190 SECOND READING PAGE tB2 88-:192 THIRD READING PAGE 268 ! HB-420i THIRD READING P/GE 269 HB-:208 THIRD READING PAGE t73 HB-#221 THIRD READING PAGE 269 ' 5:-1266 RESOLUTIGN OFFERED PAGE 3 HJR-01k6 qGT10& PAGE 2T6 ! HJR-OIIT MOTIDN P/GE 2;6 SJR-:1t6 h1OT1O& PAGE 282 : 5:R-0202 M0T1ON PAGE 2T7 : SU6J6ET XATTER 1 SENATE T0 GRDER - PRESIDENT ROCK PAGE L PRAY6R - REVEREND JAIdES JOHNSON PAGE 1 JDURNAL - APPROVED PAGE t ! JOURNALS - POSTPONED PAGE 1 . I+IESSAGES FROM THE HOUSE PAGE 2 : SENZTOR DEYU21O - PRESIDING OFFICER PAGE #7 SENATOR LUFT - PRZSIDING UFFIEER PAGE 79 : SPNATOR LECHO/ICZ - PRESIDING OFFICQR PAGE 92 ' PRESIDEKT ROCK - PXESIDING PAGE l57 l SENATOR DEXUZIO - PRESIDTNG OFFICER PAGE :83 I PREEIDENT ROCK - PRESIDING PAGE . 223 ! ADJOURNMENT PAGE 283 x - **