Illinois Senate Floor Debate — June 22, 1990

Mr. President, Ladies and Gentlemen of the Senate, yesterday on Amendment 1 -- Floor Amendment l to the House Bill 3386, I got so carried away in debate against the bill, that found that didn't vote. If I were votin: I would have voted no.

The record Will so refleat. And Senator Savickas has already written you down as a No when you get to that bill. A11 right. Those House Messaqes just read -- the resolutions go to the will be assigned to the Execukive Committee, Madam Seeretary . Resolutions.

Senate Resolution 1267 offered by Senator Karpiel. Senate Resolution 1268 offered by Senator Luft. Senate Resolution 1269 offered by Senator Thomas Dunn. Senate Resolution 1270 offered by Senator Demuzio and a11 Members. Senate Resolution 1271 offered by Senator Smith. Senate Resolution 1272 offered by Senator Daley. Senate Resolution 1273 offered by Senator Topinka. Senate Resolution 1274 offered by Senator Brookins. And senate Resolution 1276 offered by Eenator Topinka. And Senate Joânt Resolution 204 offered by Senator Friedland. Theydre al1 eongratulatory and death resolutions.

Consent Calendar.

Senate Resolution 1275 offered by Senators Weleh and Jerome 4  STATE 0P ILLINOIS 86th GENERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Joyce. And Senate Resolution 1277 offered by Senator Maitland. They're both substantive. PRESIDENT R0CK: Executive. All rioht. Ladies and Gentlemenr is Friday, June 22nd. We are confronted with a deadline for consideration of House Bills in the Senate. And so# We Will proceed on Page 6 on the Calendar, on the Order of House Bills 3rd Reading. It appears that khere are fifty-two matters on the Calendar that have been ruled exempt, thus far. I am told that a number of Members have, again, requested the opportunity to recall bills for even further amendment. We will go through the Eouse Bills on 3rd Reading. and then do the Recall Calendar. Senator Weaver, you ready? On the Order of House Bills 3rd Reading, top of Paqe 6, is House Bill 309. Read the bill: Madam Secretary, please.

House Bill 309. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Weaver.

Thank you: Mr. President. House Bill 309 does several things, and 1'11 briefly eover them: and then be happy to answer any questions. First, creates a fund -- an Income Tax Check-off Fund for Youth Drug Abuse Prevention Fund. And the second amendment is one a cleanup amendment from Revenue, Which extends the Taxpayers Protest Pund for income tax from forty-five to sixty days. Thls allows the exemption for persons claimed on anokher taxpayerfs return. As far as motor fuel tax enforcement proposals, it revises the 1aW to treat diesel and other special fuels in the same manner as gasoline. allows the the 5  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 department to provide local governments with lists of circuit breaker recipients for local tax administration. It enables the department to enter into international fuel tax agreements. It extends taxpayers protests from twenty to sixty days. Revises the invested capital tax on utility companies, to conform to the Telecommunicatlons Excise Tax. Amendment No. alloWs the City of Chicago to form a special service area in the Loop, to provide local funding sources for the proposed downtown trolley. So those - - khat's basically what it does. If anyone has any questions, 1'11 try to answer them . Otherwise, I'd appreciaee a favorable roll call.

Discussion? Senator Netseh.

Thank you. Briefly, Mr. President. The -- the bill is, as Senator Weaver described. arise only because it is a very thick piece of work, and it sometimes scares Members When they are asked to vote on something that they have not had a chance to read, in detail, dealing with revenue. It is almost a11 technieal. Almost all of it we have seen before. The only exception is the change in the Way the diesel fuel tax is going to be collected and enforced. And that has been approved by lots of people. And as I lndicated yesterdayy I think is a good Way of doing ite in any event. So I think it's a good piece of legislation. And I would urge my Members to vote Yes.

Further diseussion? Senakor Kelly.

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

Sponsor indicates he w1ll yield, Senator Kelly.

6  I STATE OP ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION ' SENATE TRANSCRIPT i 107th Legislative Day June 22, 1990 I I Senator Weaver, can you tell me if these check-off for the Youth Drug Youth Preventlon Pund - are these funds goin: to go to DASA? And if so, are they earmarked for any partieular programs? PRESIDENT ROCK k Senator Weaver. SENATOR WEAVER : As you know, we're changing the name of that fund. But, since knitiation of ehis check-off, those funds have been handled through the -- the Illinois Alcohol and Other Drug Dependency Programs. And the last figure I had on it was in '89 they generated a hundred and sixty-nine thousand dollars for that purpose. PRESIDENT ROCK : A1l right. Further discussion? Senator Dudycz. SENATOR DUDYCZ : Thank you, Mr. President. Senator Weaver, I'm addressing the M endment No. 3 part of House Bill 309. I'm a little confused by the special service area which is being proposed for a Loop - or a downtown erolley system. What does this fundin: source -- and -- and -- I know the analysis says that it includes only non-residential property. And then it just rankles lne when - I read the next part. It sayse ''May extend a property tax on such parcels.'' Could you please elaborate on what that means? PRESIDENT ROCII: Senator Weaver . SENATOR WEAVER ; Yes. The tax will only be put on businesses that benefit from this trolley service throughout the Lèop. It will not be placed on any residential property. PRESIDENT ROCK : Senator Dudycz. SENATOR DUDXCZ: 7  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22z 1990 Is this a new trolley system: beeause I1m unaware of one that's in existence now ln the city?

Senator Weaver.

It's in the planning stase nok.

Further discussion? Senator Reats.

Just a quick question. Not wishing to harass the sponsor, but knowing that theredre private sector people Who want to do khis, why are We turning to a soeial solution, When We got private sector people who are very interested in doing this sort of thing; and have a track record of doing it at about two-thirds of the cost of government doing it?

Senator Weaver.

; Well, Senator Keats, I might defer to Senator Rock for an explanation on that. I -- I'm not that familiar with -- with what planning has gone on, to date.

Senator Collinsr can you take the Podium? have been requested to respond to a question. ..vtmachine cutoffl...

PRESIDING OFFICER: (SENATOR COLLTNS) Senator Rock.

Yes. Please, if you'd repeat the question, Senator Reats, T'd appreciate it.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Keats.

8  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 ' When I Was looking at thls amendment, there are private businessnen right now kho are attempting to qo into the market with a product that is tailor-made for downtown Chicago - tailor made for airports. Itfs a Ruch eheaper system. It's actually run in the air. I mean you talk about neW technology. Because it's done with electricity, they can use these lighter cars. and it qoes up on poles that are not a lot heavier than light poles. And they have talked to me. I know they dve talked to some of the people at the RTA. It sounds to me like they haven't yet talked to the City. And their cost figures were at least a third cheaper than anythkng We've seen. And this is not in any way knocking the Ciky, but saying their cost figures Were excellene. And the best part about them - i: doesn't take nek land. I mean the point is, they can run right down the middle of the street 'cause they're up in the air. What I'a wondering is, this would kind of foreclose them. I just Want to make sure we don't foreclose the private seetor for an option that may not be the best option.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Roek.

Well, I -- I think that that's right on the money. We are -- that's the purpose of this. We are deliberately not foreclosing the privake sectory because the ones Who brought this plan to the City are, in fact, the Chicago Development Council, many of whom are your friends and supporters. And the -- they invision this as a one-third/ one-third/ one-third - obviously then to make three-thirds with federal UMTA money and -- and City of Chicago or - and/or State of Illinois money and private money. And they are -- we are at the feasibility study stage. And al1 this is doing - - this amendment is a technical amendment, to afford downtown Chicago the opportunity to designate this district for the purposes of planning, and for the purposes of proper applicatton 9  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 187th Legislative Day June 22, 1990 ko the federal bureaucracy to receive some federal money for the planning. But no, there is no attempt -- no intent to, in any way, foreclose the private seetor. As a matter of fact, they have been directly involved, thus far, and will continue to be involved.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? Senator Dudycz.

Yes. Thank you, Madam President. I apologize for rising a second time, but this question Will be addressed, I guess, to Senator Rock. Just for clarification, Senator, is there any known opposition to this speeial service area downtown?

PRESIDING OFPICER: (SENATOR COLLINS) Senator Rock.

There is not. It effects only downtown Chicago. There was some concern expressed by Senator D 'Arco, and others, as to whether or not the residential properties Would be included in the special service tax aspect of this. They are deliberately excludedz so that -- no. There is no opposition.

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

I would only ask for a favorable roll call, Madam President.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall House Bill 309 pass. Those in favor wi1l vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Take the record, Madam Secretary. On that question, there are 57 Ayes, no Nays, none voting Present. Having received the constitutional majority, House Bill 309 is declared passed. On *he Order of 3rd Reading, House Bill 954. Senator Kelly. House Bi1l 1220. Senator Welch.  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 At the top of Page 7 -- Senator Rock.

Thank you: Madam President: Ladies and Gentlemen of the Senate. I1m sure everyone is aware there are currently a number of meetings taking place - both on the second floor, and the fourth floorg and the Governor's got a couple of meetings going. So in deference to all these Members, Why don't we just generally get leave to get back to some of these things, if, indeed, some of these folks are off the Floor. Wedre going to be here al1 day anyway, it appears. So we might as well afford everybody an equal opportunity to -- to have their measure heard.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Senator Rock requests leave for those representatives in meetings to be able to come back to -- to that order of business, and get to those bills. Is leave granted? Leave is granted. Senator Kelly.

Yes. Mr. President: can we go back to Eouse Dill 954, which was the last bill?

PRESIDING OFFICER: (SENATOR COLLINS) Okay . Senator Kellyz on Houue Bill 954. Read the bill, Madam Secretary.

House Bi1l 954 (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Kelly.

Thank you, Mr. President, Members of the Senate. Houoe Bill 954, as amendedy prohibits the Department of Mental Hea1th and Developmental Disabilities from promulgatin: rules requiring 11  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22: 1990 minimum distances for CILA facilities. This Was Senator Fawell's amendment, which I mention will be met with some resistance in the House. Also the bill created a coordinating committee on transportation, which Senator Netsch expects to provide efficient, cost-effective delivery of transportation services for the handicapped and seniors. This bill Will probably end up in a conference committee. However, it is the lase part of the Governor's package to revise the Mental Health Code. And solicit your support - would ask you to support House Bill 954, as amended.

PRESIDING OPFICER: (SENATOR COLLINS) Discussion? Discussion? If not, the question is, shall House Bill 954 pass. Those in favor Will vote Aye. Opposedz Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Take the record, Madam Secretary. On that question, there are 57 Ayes, no Naysz none voting Present. Having received the constitutional majority, House Bill 50 -- I mean 954, is declared passed. House Bill 1220. Senator Welch. House Bill I mean House Bill 1560. Senator Hall. House Bill 1699. Senator Riqney. Read the bill, Madam Secretary.

House Bill 1699. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Riqney.

Madam Prestdent: 1699, as you perhaps recall: is the bill that provides for chiropractic students, when they are in their last term of study, to be able to go out and practice under the direct supervision of a chiropractor that is in practice in the State of Illinois. was amended to clean up Gome technical questions. 12  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22e 1990 It is now fully supported by the various chiropractic schools in this area, and also by the Medical Soclety, and by the Department of Professional Regulation.

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

Madam President, Members of the Senate, I have to declare a possible conflict. I do rise in support of this bill. As Senator Rigney says, this has been an ongoing discussion for over a year. An agreement has now been reached by a11 parties concerned. And expect to vote Aye.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? Senator Fawell.

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

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

havez probably, What I consider the best chiropractic college in my district National College of Chiropractic. And assume Dr. Davidsonz Who is an alumni of that, says it's alright, it is. But I would like to know for sure. It's alright with them?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Rigney.

Yes. National, Palmer and Logan are al1 kn agreement on this amended form of the bill.

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

Just ask for a favorable vote. 13  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22# 1990

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall House Bill 1699 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who wish? Have al1 voted Who Wish? Take the record, Madam Secretary . On that question, there are 58 Ayese no Nays, none voting Present. Having received the constitutional majority, House Bill 1699 is declared passed. House -- We have tWo requests to film the -- the proceedings. Is leave granted? Leave is granted . WCIA-TV. Leave is granted. On the Order of 3rd Readinq, House Bill 1762. Senator Madigan. Read the bill. SECRETAR? HAWXER : House Bill 1762. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Madigan.

Thank you, Madam Chairman, Members of the Senate. Senate -- or House Bill 1762, as amended: provldes that school districts shall make no reductlon ln salary of employees who are subpoenaed to testify on any school-related matter that is pending in court. If the employee receives a per diem fee from the court that -- that will serve to offset any payments made to the employee by the school district. In other words, the school district may deduct that amount of the per diem from the salary, so that the person receives no net loss in pay for -- to testify on a school-related matter. I'd be glad to answer any questions, and would ask for its favorable adoption by the Senate.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall House Bill 1762 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Take  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22z 1990 the record, Madam Secretary. On that questiong there are 58 Ayes: no Nays, none voting Present. Having received the constitutional majority, House Bill 1762 is declared passed. House Bill 2389. Senator Jacobs. Read the bill.

House Bill 2389. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Jacobs.

Thank you, Madam Chairmany Ladies and Gentlemen of the Senate. This is the Workman 's Comp Bill, as amended. Itls generally technical in nature, and is sought by the Industrial Commission. It's agreed to by labor, manaqement, the municipal league, and all parties west of the Mississippi. If you have any questions, Ifd be happy to try to answer them .

PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If notp the question is, shall House Bill 2389 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who Wish? Have all voted who wish? Take the record. On that question, there are 58 Ayesr no Nays, none voting Present. Having received the conskitutional majority, House Bill 2389 is declared passed. House Bill 2700. Senator Woodyard. Read the bill, Madam Secretary.

House Bill 2700. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Woodyard.

15  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Thank you, Madam President and Members of the Senate. House Bill 2700 was a bill held over from last year when there was not agreement between the Department of Conservation and the Chicago Herpitological Society. There is agreement noW on this particular bill. And simply provides protection, or extends protection, for snakes, reptklesz toads, frogs - al1 of those little critters. And as far as I know, there's no opposition to this bill at this time, and I would move for its passage.

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

- like I suspect some of my, at least downstate colleagues, grew up along a river; and as a kid from time to time went out and caught a frog and kept it in a fish bowl for a while and then put back in the river. Is that now illegal?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Woodyard.

No.

What exactly does this bill do? I mean are we - on behalf of, you know, all the Huek Finns of the world, We are curious. What are you doing to us?

PRESIDING OFPICER: (SENATOR COLLINS) Senator Woodyard.

What this bill does it expands the protection of not an endangered species or anything like that, but it expands some protection to these amphibious creatures, meanin: ik sets a value in case there is evidently some kind of liability or -- or people are actually catching these critters and reselling them . The -- it -- it provides a -- a fee of two dollars per snake, I guess, in 16  STATE 0F ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22: 1990 case that person should be prosecuted.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer.

Well, you know, the schools are closed now, but in the Sprinqs, most of the little labs in the grqde schools and high school have a garter snake in a fish tank and - have We, you kncw, I mean -- I -- I mean two dollars isn't exactly what you call severe. But, you know, I just have this horrible picture of Ewo of our green-clad conservation officers dragging out the science teacher front of his students for violating this law. You know. I just, you know, I mean I want to protect the frogs and the toads as much as anybody else, but, you know, I just -- are we going nuts? Tell me we aren't going nuts.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Woodyard.

Well, Senator, khe ineent of this bill is certainly to -- to prevent that from happening. There would have to be a complaint filed, and so on. And -- and the problems last year With this bill was that there Was a fear that cases like you mentioned would occur. And -- and it's my understanding that those fears are going to be addressed in Rules, to where you're not going to have these things occur as you suggested.

PRESIDING OFFICER: (SENATOR COLLINS) Senator schaffer.

Then it is safe to say that the legislative intent of this bill is not to disallow the normal kind of activities, where a kid will catch a frog and have it in a little thing for a while and then put it back in the pond, or a grade school or high school teacher that may have a snake in their, you know, in the aquarium 17  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 for a while. That these are not you 're not talking you dre talking about people who are out there maliciously slaughtering frogs for profit, or whatever. Wedre not talking about Huck Finn or the grade school biology teacher.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Woodyard.

Senator, you are absolutely correct. The legislative intenk is is thrust at being able to protect those amphibians, where you might have people that would come in and capture these things in large amounts; and there is -- there is no provision under the 1aw to set a value or to prosecute those people. And by the same koken, khere is no legislative intent in this bill to -- to prevent a child or -- or an individual from -- from takinq one of these in his back yard, or piekin: up a snake in his back yard and putting it in a stream, or whatever, or in a science class.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Woodyard, to close. The queskion is, shall House Bill 2700 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 50 Ayes, 7 Nays, none voting Present. Having received the constitutional majority: House Bill 2700 is declared passed.

PRESIDING OFPICER: (SENATOR LUFT) Senator Welch is back on the Floor. Would you like to qo back to page 6 for House Bill 1220 and pick that up? On Page 6, on the Order of 3rd Reading is House Bill 1220. Read the bill, please, Madam Secretary.

House Bi11 :220. (Secretary reads title of bkl1) 18  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Welch.

Thank you, Mr. President. House Bill 1220 is a bill to provide money for schools that consolidated but did not get money from the Consolidaticn Fund. They passed the the referendum between April lst of I89 and July 1st of '89: but because it didn't actually occur, they did not receive the money. The three schools involved are Ashland, Kinmundy and Streator. The fiscal year '9l budget includes the money to fund this. Six million dollars has been appropriated, but the State Board of Education only obligated 4.7 million dollars so far. Part of this bill has already been added as an amendment to another bill for two of three schools. I'd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is, shall House Bill 1220 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted Who Wished? Have a11 vated who wish? Have al1 voted Who Wish? Take the record, please, Madam Secretary. On that question, the Ayes are 56, the Nays are none voting Present. And House Bill 1220, having received the required constitutional majority, is declared passed. At the bottom of Paqe 7 is 2842. House Bill 2842. Senator Welch. Read the bill, please, Madam Secretary.

House Bill 2842. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Welch.

19  STATE 0F ILLINOIS I 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 107th Legislative Day June 22z 1990 I I Thank you, Mr. President. What this bill will do - will increase the size of the Board of Regents by two members, with the stipulation that one neW member be a graduate of Illinois State University, the other a graduate of Northern Illinois University. An amendment was added to do the same for Sangamon State University, but what it does is say that one of the new members -- one of the members to be replaced has to be a Sangamon State University graduate, so that there will continue to be nine members on the board. In addition, there is a provision addedy at the request of Representative Ropp, concerning part-time students and the Communicable Disease Immunization Act that welve already passed. I'd be glad to answer any questions. PRESIDING OPPICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is, shall House Bill 2842 pass. Those in favor Will vote Ayea Opposed, vote Nay. The voting is open. Have a11 voted who Wished? Have al1 voted who wish? Have a11 voted who wish? Take the record, please, Madam Secretary. On that question, the Ayes are 57g the Nays are 1, none voting Present. House Bill 2842: having received the required constitutional majoriky, is declared passed. Bottom of Page 7 is House Bill 2899. Senator Collins. Read the bill, please, Madam Secretary. SECRETARY HAWKER: House Bill 2899. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LUFT) Senator Collins. SENATOR COLLINS: Yes. Thank you, Mr. President and Members of the Senate . This is a bill put forth by the Chicago CTA, because of a problem theydre having in reference to the -- those -- criminal background 20 i k-.--  STATE OP ILLINOIS ' 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22# 1990 checks on those persons who contract with CTA for the purposes of transportin: CTA passengers. And that's basically al1 it does. It gives them the authorlty to doz and have conducted, criminal background checks. And I would be happy to answer any questions. If not, I would ask for a favorable roll call. l

PRESIDING OPFICER: (SENATOR LUFT) Discussion? Discussion? Senator Raica.

A question of the sponsor.

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

Senakor Collins, does thls deal strictly with bus drivers? It says public drivers. Does this have anything to do with ambulance drivers or anything else?

PRESIDING OFFICER: (SENATOR LUFT) Senator Collins.

Only those under contract with the Transit Authority. So those in that.

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

Yes, Mr. President. I think it should be mentioned that Amendment No . 4 - and I believe Amendment No. 4 is still part of House Bill 2899 - and maybe I should direct that question to the sponsor. Is Amendment No. 4 still part of this legislation?

PRESIDING OFFICER: (SENATOR LUFT) Senator Collins.

Yes, it is.

PRESIDINC OFFICER: (SENATOR LUFT) 21  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Le:islative Day June 22, 1990 Senator Watson.

Would you explain to the Body what that -- that amendment does?

PRESIDING OPFICER: (SENATOR LUFT) Senator Collins.

Given that that was your amendment, I -- I -- I would yield to you for you to explain it. However, I can say that the problem that the amendment attempts to address is one of advertisement on the CTA buses.

PRESIDING OFPICER: (SENATOR LUFT) Senator -- Senator Watson.

Well, believe that -- that We should mention this, because the amendment was put on the other day. And I appreeiate the sponsor in allowing us to do thisz and I also appreciate her support of this -- of this concept. What's happening, and what's happened in the CTA, and it's unfortunate what -- what has happened there, because they simply don't support the -- the language and the concept that's being projected by some signs that are -- that are being called public service messages, that are being put on the CTA buses in Chicago. Those messages - I've 9ot a copy of -- of the board here, thak <i11 be put on there. It's aboue a ten foot by three foot bill -- billboard on the side of buses. And it says, ''kissing doesn't kill. Greed and indifference do.'' And it's put out by the Arts Against AIDS. And what it's trying to do is try to send a message, guess, that kissing isn't part of the AIDS problenz that greed and indifference is the problem. And that's a - that's a messaqe that I'm not sure that really is -- needs to be said, at this particular time. I think that the messaqe they 're tryinq to 22  STATE OF ILLINOTS 86th GENERAL ASSEMBLV REGDLAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 condone here, when they have people kissin: of the same gender opposite sex. We just have some coneern about the lifestyle that this is projectin: to the people of -- of the Chicago area. So, with this amendment on there, I think it's important that we allow the CTA to make the decision for themselves as to what they can put up as a public service announcement.

PRESIDING OPFICER: (SENATOR LUPT) Further discussion? Senator Marovitz.

Well 1, very briefly, will just go on record opposed to that amendment. And, therefore, will not be able to vote for the bill. I mean, sinee when do we stand here and say, ''Well, We as a Legislature, we don't We donêt think this advertising is good. So since we don't think this advertising is good, we dre going to ban this advertising.'' I mean, you know, let's really get serious about priorities here. Okay? I mean, who are We to decide what advertising is -- ls -- is quality, what advertising is good, What advertising is goins to be effective and what isn't? And when we start doing that, and beginning to abridge people 's rights of free speech and freedom, I think Wedre really in serious trouble, and Wedre taking a look at things that we really shouldn't. A lot of people say that the people of the State of Illinois are not safe until the Legislature adjourns. Putting something like this on a bill really makes that true.

PRESIDING OPFICER: (SENATOR LUPT) Ites 10:22 on Friday, and a11 of Ehe sudden flve lighks just went on. Senator Alexander.

Thank you. The -- the subject matter - would it ban a poster relative to sickle cell anemia, heart conditionse or any diabetes? I'm talking to Senator Watson. The amendment -- Watson Senator Watsonr please forqive me. Senator Watsone would it ban a poster 23  STATE OE ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 relative to sickle cell anemia, tuberculosis, heare disease - your -- your amendment?

PRESIDING OFPICER: (SENATOR LUFT) Senator Watson.

Noy it would not. And that's the intent of what Webre trying to do. There were some people who wanted to ban public service announcements altogether. And that would have an impact on sickle cell anemia, boy scouts, red crossz and we said no. But we were krying to be very explicit as to what Weêre trying to ban, and khat's people kissinq of the same sex, and the message thatls being portrayed here, and the lifestyle that's bein: condoned by this type of billboard.

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

Senator Watson, your amendment - is it mandatorial <sic> or is it a volunteer thing? Is haven't read your amendmenty please.

PRESIDING OFPICER: (SENATOR LUFT) Senator Watson.

Well, it says, ''No photograph advertisement.'' I would say it's mandatory that displays -- this type of message cannot be placed on a transportation vehicle.

PRESIDING OFFICER: (SENATOR LUFT) Senator Alexander.

Are we saying that the message that the advertisement Would carry is good only for Chicago? 'Cause I'm referencing that you're trying to get the messase or the education out about AIDS. Are we saying that Chicago only has AIDS, and not the rest of the 24  STATE 0F ILLTNOTS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Skate? So it's just in the Chicago area. Don't you have buses down here, or in other parts of the State?

PRESIDING OFFICER: (SENATOR LUFT) Senator Watson.

Thank you, Mr. President. No, there's messages now out there by the same qroup, that are being posted that really try to address the problem of AIDS. And I think that that's concern that We a1l have. And -- but -- but the wikh the concern that we have with this particular posterz and this particular billboard, and others that are supposedly going to follow, is not necessarily the message that we ire eoncerned about AIDS. It's that We support a certain lifestyle. And that is a -- that's the problem that ke have with with these particular billboards.

PRESIDING OFFICER: (SENATOR LUFT) Senator Alexander.

I can understand What the Senator is attempting to do, but the lifestyle that he is suggesting is localized to the Chicago area is nationwide international-wide. So I would suggest ehat if he's going to leave it on, that if he takes it to conference commitkee and ehey let be put into the bill to cover the entire State. It is not just a local issue.

PRESIDING OFEICER: (SENATOR LUFT) Further discussion? Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I just want to mention that al1 of us on the Appropriation Committee are meeting. And we should have leave, and we always had had leave to -- if We can have our seatmates just vote us. You know we're here. And anything, if youdre going Eo call us a1l down, we'll never get the 25  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22: 1990 appropriation things. It's been a joint effort, welve worked well together, but we need to be sitting up there with the House. So is -- so can we get leave? We need to. That's -- that's not right to call us back down here. So I request leave Ehat we could be -- have our seatmate vote us. We're in the building. Wedre here, and we're trying to go over these things. PRESIDING OFFICER: (SENATOR LUFT) I think that both Senator Rock and Senator Philip are aware of the circumstances this time of the year: and we will try to accommodate our Members. Further discussion? Further discussion? Senator Raica. SENATOR RAICA : Mr. President, to what Senator Hall -- I -- I agree with him. In fact: I think we should only leave about four people on the Floor, and we'd probably get out of here much better without the conversation on the Floor. PRESIDING OFFICER: (SENATOR LUFT) I think you'll find a 1ot of agreement to that. Senator Schaffer. SENATOR SCHAPPER: Well, I agree. I think that's a very workable solution. Without itr the Session would be extended. But I was just curious, Senator Hall, what provision in our rules would allow us to give you that authority? PRESIDING OPFICER: (SENATOR LUFT) Further discussion on House Bill 2-8-9-9? Senator Philip. SENATOR PHILIP: Thank you, Mr. President, Ladies and Gentlemen of the Senate. I -- I have just had a look at this so-called billboard they've been running. And IIm going to tell you one thing; if there's anything normal about that, I don't know what it would be. You know, would be different if they -- they weren't showing 26 N v.  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 people's mouths wide open, and showing two men kissing - two women kissing. If that is normal procedure in society today, it's a terrible standard. It's disgusting - it's revolting, and we j l shouldn 't be promoting it. The next thing we'll see on the side ' of the bus is that two men ought to be able to get married - two Women ought to be able to get marriedz and then they'll want to adopt kids. It's a bad idea, and We ought to support the Senator i l from southern Illinois. j PRESIDING OFFICER: (SENATOR LUFT) l Further discussion? Senator Collins, you wish to close?

Yes. Thank you. First, to Senator Watson. You should have stopped while you were ahead. We -- 1et me -- 1et me try and respond to why -- may I have some order, please, 'cause I'm not going to try and talk over all this.

PRESIDING OFFICER: (SENATOR LUFT) This is a very important bill. Could we please have your attention. Give the Lady some attention, please. Thank you.

Let me first say that the bill, as it...

PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz, could we break up the conference therey so Senator Collins can explain her bill, please. She's closing . Please. Thank you.

Yes. Thank you. The original bill is very important. It -- it address some critical problems that wouldz hopefully, avoid - it came about as a - as a result of a lawsuit filed against CTA and -- by one of the private carriers contracted with the -- with CTA involving a incident that happened with one of khe private carriers. And at that time, they had no authority to do criminal background checks. And to avoid future lawsuits, this bill 27  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 eminated from that problem , which was a good idea . Subsequently to that, it was called to the attention of some of the Members here, in the House and in the Senate, about this new wave of advertisement, not only in Illinois, but across the country. And there's serious problems with that, because the real problem speaks to the heart of the recent Supreme Court rulings, as relates to freedom of speech and freedom of expression, around burning the flag issue. The amendment, as it is drafted, after they had several meetings of the task force by the Housey and I was asked to sit in on that task force think everyone agreed that the amendment, as drafted, has some very serious constitutional questions. However, they agreed to put forth this amendment to, hopefully, take some of the weight off of CTA. If it is unconstitutional, then they will be -- they will be acting in accordance to State law. It's up to you how you vote on that amendment, but I would ask you to pass the bill. We can send it back to the sponsor in the House. The sponsor in the House has indicated to me that he is not for the amendment. And so this bill could end up in a eonference committee. But, please, do not kill this bill. Give me an opportunity to send it back over to the House. I would solicit your favorable vote.

PRESIDING OFFICER: (SENATOR LUFT) The question isz shall House Bill 2899 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wished? Have a11 voted who kished? Have all voted who wished? Did I call Take the record, please, Madam Secretary. On that question, Ehe Ayes are 49, Ehe Nays are 2, 2 voting Present. House Bill 2899, having received the required constitutional majority, is declared passed. Page 8. Top of Page 8. House Bills 3rd Reading is House Bill 2907. Senator Netsch. Read the bill, please, Madam Secretary.

28  STATE OF ILLINOIS 86th GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 House Bill 2907. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LDFT) Senator Netsch.

Thank you, Mr. President. House Bill 2907 is the Family Responsibility Law of Illinois. It is identical, with one minor exception, to the Senate Bill - Senate Bill 1501, which we passed earlier this Session, and to the bill which we passed last year which was vetoed by the Governor. I think we have had this debate on numerous occasions. There's only one point that I would address, and that is the amendment that Senator DeAnqelis had filed, which was non-germaney having to do With the -- a tax credit on UI costs. And I would simply point out to Senator DeAngelis that under the existing law, an employee leaves because of a certified illness of a child or a pregnancy, voluntarily, that that person is already entitled to recover unemployment compensation benefits. So that the family leave bill, as lawy would make, substantially: no difference in that connection. I think that really settles that issue. Beyond that, I would be happy to answer any additional questions. If not, I would ask for an even better roll call than the last one.

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

Thank you, Mr. President. Well, I rise in opposition to this measure because here, once again: we qo interjectinq qovernment into what ought to be, I think: private affairs small businessmen - businessmen across the State of Illinois handling these matters as they see And I think that most business people are responsible enough to take these things -- these -- 29  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT lo?th Legislative Day June 22, 1990 these necessities for leave, and the rest of it, seriously enough to -- to provide for their employees. But for the State to say, ''ïou have to do this and you must do thisz'' to me is makinq what used to be discretionary policy, now making it mandatory. And - - I -- I think we ought to take a good hard look before we travel down this road. The business community in the State of Illinois is, generally speaking, is not in favor of this: as understand And seems to me that we ought to listen to some of these people when they cry for some relief from ever present State mandates on what -- what should be their business. So I -- would urge you, Members of the Senate: to -- to vote No on this bkll.

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

Thank you, Mr. President. I certainly don't disagree with anythinq Senator Hudson saidz except that We come to different conclusions. This is really a dilemma bill. On the one hand, clearly recognize the needs for families ko devote time to newborn children, to extended family illnesses, and so forth. However, want those on the other side, and the State Chamber to know that as Chair of Economic Development - I recoqnize the complications this can pose for many businesses - businesses that operate on a very narrow margin of profit. Reluctantly, I'm going to voke for this, because does not require employees to pay for the extended leave. I point out that temporary workers do cost less, and in that respect there is some relief present for employers. But it is with reluctance that come to tbis conclusion. I support this bill: and Would urge my constituents to do likewise.

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

30  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT I I I 107th Legislative Day June 22, 1990 i Thank you, Mr. President. Not to long ago I had a visit from a class of grade school children, and they each Wrote a letter to me on an issue that they were concerned about. One of the girls in that class sent a letter to me that reads like this: ''Dear Joyce Holmberg, I'm writinq to you about family leave. I think that mothers or fathers should be given the right to take Work off to care for their children, then come and find their work still available. Why do I think as I do? Very simple. Let me tell you an example. Just a week ago my sister got the chicken pox. My mom could not take off of work. She had to find people who didn't work, and that wasn't easily done. My mom had to ask several people twiee, and she was stressed out. Even the children of Illinois know that the time has come to allow family leave.''

PRESIDING OFFICER: (SENATOR LUFT) ...tmachine cutoffl...discussion? Further discussion? If not, Senator Netsch, you wish to close?

I solicit your support for this very important piece of legislation that will become the policy of Illinois.

PRESIDING OFFICER: (SENATOR LUFT) Question is, shall House Bill 2907 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wished? Have al1 voted who wished? Last time. Have a1l voted who wished? Take the record, please, Madam Secretary. On that question, the Ayes are 29, the Nays are 26, none voting Present. House Bill 2907, having not received the required constitutional majority, is declared failed. Senator Netsch .ootmachine cutoffl... asks to have House Bill 2907 put on the Order of Postponed Consideration. On the Order of 3rd Reading is House Bill 3058. Senator Collins. Read the bill, please, Madam Secretary.

31  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatlve Day June 22, 1990 House Bill 3058. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Collins.

Thank you, Mr. President and Members of the Senate. House Bill 3058 creates the Homeless Prevention Act. And what simply does provides for a one-time qrant for those persons who meet the federal income lines, to assist them when they have crisis in their families that -- and they are no longer able to maintain their place of residence. I would be happy to answer any questions. If notz I would just ask for a favorable roll call.

PRESIDING OPFICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is, shall House Bill 3058 pass. Those in favor will vote Aye. Opposed: vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record, please, Mr. -- Madam Secretary. On that question: the Ayes are 55, the Nays are nonee none voting Present. House Bill 3058, having reeeived the required constitutional majority, is declared passed. On the Order of 3rd Reading is House Bill 3085. Senator Thomas Dunn. Read the bill, please, Madam Secretary. SECRETARY HAWKERI House Bill 3085. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDINC OFFICER: (SENATOR LUFT) Senator Dunn.

Thank you, Mr. President. This bill is supported by the State Board of Education and the regional superintendents. Excuse me. 32  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 And What it does is - that allows the regional superintendents to borrow funds to beqin programs when State or federal grant money is delayed. It includes the regional superintendents and educational service region employees and regional boards and school trustees under the Tort Immunity Act; and requires the State Board of Education shall report audits to the Legislative Audit Commission, when completedz of each additional service region.

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

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

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

Did hear you say that this gives regional superintendents the ability to get a loan lf their federal grants are delayed? What kind of procedures are we getting into, here, Senator Dunn?

PRESIDING OFFICER: (SENATOR LUFT) Senator Dunn.

We're getting into a procedure to allow them to eomplete a grant that's already been approved, and the money hasn't arrived, and they can borrow temporarily till the money 's arrived. And then they pay it back. It's simple.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? If nok, the question is, shall House Bill 3085 pass. Those in favor will vote Aye. Opposed, voke Nay. The voting is open. Have a11 voted who wished? Have al1 voted Who wish? Have a1l voted who wish? Take the record, please, Madam Secretary. On that question, the Ayes are 55y the Nays are l voting Present, and House Bill 3085, 33  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is House Bill 3090. Senator Watson. Read the bill, please, Madam Secretary.

House Bill 3090. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Watson.

Thank you, Mr. President. This bill ends up being a Christmas tree, so to speakz for the township officials for legislation that was, unfortunately, held in the Rules Committee. There's the original bill and four amendments. The original bill provided that for purposes of bidding procedures, the -- the terms ''new machinery'' and ''new equipment'' mean machinery and equipment that has not been titledy or that has fewer than two hundred operating hours and is accompanied by a manufacturers warraney. Amendment No. 1 was put on by Senator O 'Daniel, which is House Bill 4173, whieh passed out l07 to 2 but did not get out of the Rules Committee. And this requires that once a rate has been established by the township trusteesp for road purposes, that that rate will -- will remain in effect until changed by the board. Amendment No. 2 requires that when a written request for a special town meeting is filed in the town clerk 's office, the meeting shall be held not less than fourteen days, nor not more than fourty-five days after the request has been filed. Amendment No. 3 Was offered by Senator Rea. Again, it Was a House Bill, 3118, that passed to nothing, but was in -- held in Rules. This removes the requirement that road district's hiqhway commissioners, in determining the amount of taxes necessary to be levied for road purposes, they state separately the several 34  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 amounts to be levied for construction of roads and other purposes. I And, finally, Amendment No. 4, which I offered yesterday, simply adds the word 'fchurch'' to those -- those individuals or those groups that can contract with a municipality or -- or county in regulating the traffic pattern in parking areas. I know of no opposition, and would appreciate your suppgrt.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, the queskion isz shall House Bi11 3090 pass. Those in favor wkll vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have al1 voted Who Wlsh? Take the record, please, Madam Secretary. On that question, the Ayes are 57, the Nays are none: and none voting Present. House Bill 3090, having received the required constitutional majority, is declared passed. On the Order of House Bills 3rd Reading is House Bill 3136. Senator Watson. Read the billz please: Madam Secretary.

House Bill 3136. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Watson.

Yesz sir. Thank you, Mr. President. This, too, ended up with several amendments. This particular legkslation amends the souEhwestern Illinois Development Authority Act. And it made several provisions. It removed the time limit on the chairman of the Authority for reporting to the Governor any lack of monies to pay bonds. It eliminated certain bond requirements which will allow the Authority to help With flnancing of brldge projects. It incorporates conflict of interest requirements for the members, officers, agents, and employees. It authorizes the pooling of 35  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 I community infrastructure revenue bond projectsy and allows the Authority to broker such bonds, without assuming ownership of the project. And it extends the existing quick-take powers of the 1 Authority to -- for an additional two years. There was an exemption on the original legislation, which exempted the -- the bonds from Illinois income taxes. We took that provision out, and they now would be subject ko tax. So there's no fiscal implications at al1 to the State. Amendment No. 2 addressed some of the concerns that were brought out by the Revenue Committee which restricted eligibility units of local government to those only located within a certain geographic area of the Authority. And ik also required that notices to the Governor of needed State funds must be given as soon as practical, and that amount must be included in the Governcr's budget no later than the date of the submission of the State budget, as suggested in Section 38 of the Civil Administrative Code. Amendment No. 3 was an amendment we put on that granted quick-take powers to the City of Morris for one year so that - to help with the development of the Morris Municipal Airport. Amendment No. 4 was offered by Senator Tom , Dunn, which created the Will-Kankakee Regional Development Aukhority, which is very similar to the Southwestern Illinois Development Authority and the Quad Cities Development Authority, I giving them the same provisions. Amendment No. 5 Was offered by Senator Luft, which created the Tri-county River Valley Development Authority. Again, similar to the other authorities established here in Illinois. Amendment No. 6 had three provisions, offered by Senator Dunn, which made some technical corrections in the -- in the -- in the previous amendment, and also gave some TIF authority to Southwestern Illinois Development Authority.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Geo-Karis. 36  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 1

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LUFT) Sponsor indicates hedll yield. SENATOR GEO-KARIS: E Senator, my analysis says that Amendment No. 4, Which creates the Will County Kankakee Regional Development Authority Actz although it gives no taxin: poWer to the proposed Authority, but it could issue up to one hundred million dollars in revenue bonds. Then theydve 9ot a statement bere - these are moral obligation bonds backed by the State of Illinois. Does that mean the State of Illinois will have to pay those bonds?

PRESIDING OFPICER: (SENATOR LUPT) Senator Watson.

Yes. This -- this is similar language that We have in other Development Authority Acts. The Governor Would have to put this in the budget, but the General Assembly - Legislakure would not have Eo -- to act on it.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Purther discussion? If not, the question is, shall House Bill 3136 pass. Those in favor Will vote Aye. Opposed , vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have a1l voted who wish? Take the record, pleasez Madam Secretary. On that question, the Ayes arm 56, Ehe Nays are none, l votinq Present. House Bill 3136, having received the required constitutional majorityz is declared passed. On the Order of 3rd Reading ks Eouse Bill 3161. Senator Hawkinson. Read the bill, please, Madam Secretary.

House Bill 3161. (Secretary reads title of bill) I I 37 I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LUFT) Senator Hawkinson. SENATOR HAWKINSON: Thank you, Mr. President. The original House Bill 3161, which passed the House 1l4 to nothing, clarifies that the selection procedure by municipalities pertaining to architectural engineering and land surveying services is not in conflict with the provisions of the bid rigging Act that We passed last year. I don't believe that's controversial with the amendment. I did put on Amendment 2, which is going to cause, and I pledge that this bill will go to conference committee to work out differences with some languaqe that Senator Dunn has in a separate bill that we 'll be passing todayy but it does three important things for -- for 1aW enforcement. Number one, it eontains the provisions of Senate Bill 2105, which I sponsored, and passed this Body 47 to 2, which provides for use immunity in criminal prosecutkons in this State. Currently we have a transactional immunity system which requires thak you let a co-defendent completely off for a crime if you need to use his -- his or her Eestimony. This provision would allow for immunity which would prohibit the use of that Eestimonye or any fruits of the testimony, against the person, but would still allow you to prosecute if you have independent evidence that that co-defendent committed a crime, and you can prove that that evidence was obtained apart from their testimony. The second thinq that it does is it creates the Drug Assest Forfeiture Procedure Act. This is important and it was in Senate Bill 2112: which was on our Agreed Bill Listz because right noW We have three different forfeiture proceedings in Illinois under the Steroid Act, tbe Cannabis Act, and the Controlled Substances Act. This improves and consolidates them , so that our 1aw enforcement people will be able to operate under a single system. And, thirdly, it 38  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 contains Senator Barkhausen's Senate Bill 2186, which was also on the Agreed Bill List, which also makes changes in the Narcotics Profit Forfeiture Act, which are important to law enforcement in this State. I would ask for your approval. It Will go to conference committee, so that we can resolve some of the differences that the groups have with the forfeiture proceedings.

PRESIDING OPFICER: (SENATOR LUFT) Discussion? If not: the question isz shall House Bill 3161 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted Who Wished? Have al1 voted who wish? Have all voted Who wish? Take the record, please, Madam Secretary. On that question, the Ayes are 58, the Nays are none, none voting Present. And House Bill 3161, having received the required constitutional majority, is declared passed. 0n the Order of 3rd Readin: is House Bill 3197. Senator Savickas. Read the bill, please, Madam Secretary.

House Bill 3197. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Savickas.

Yes. Mr. President, Members of the Senate, House Bill 3197 is the civic center bill. It has approximately nine amendments, and they basically accommodate eight different areas for Civic Cenker Authorities. Senator Demuzio had put on a amendment to eliminate eminent domain -- the eminent domain provision. And at this point, I would solicit your support in sending it back over to the House.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Keats. 39  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990

Thank you, Mr. President: Ladies and Gentlemen of the Senate. I rise in very stron: opposition ko this bill. I know the sponsor is caugh: in a difficult position of there are -- was originally just a minor thinq in the bill, but we are now continuing another expansion of the civic center authorities. For those of us who fve been here long enough to remember when this thing started, this started out with maybe a finger in the dike. We're now at the point where a11 Holland is under Water. In 1984, six years ago, our debt for civic centers was seventy-five million. Today it's two hundred and seventy-two million, four hundred eighty-one thousand dollars. We have increased our debt almost four times, from seventy-five million, to approachinq three hundred million iny literally, a couple of years. This is a program - the original intent of developing regional entertainment and convention eenters in downstate Illinois' larger communities - probably was not a bad idea. But we have noW reached a point where we have civic centers in townships Where the population's so small the Census Bureau probably doesn't check. We have got to, at some tàme, start to show restraint. think many Members of the General Assembly have seen the publication called Illinois Civic Centers, put out by the Taxpayerîs Federation. If you Would ever like to read a nightmare, Eake a look at some of this information. We are now up to fifty-six Civic Centers Authorities. Not all are funded yet, but they're all waiking in line for Ehe pork barrel. And the problem is each year, when some new major project comes up, you got some local official who comes down here and beats on you and says, 'doh, you got to :et me a civic cenker, and you got to get me the moneyy' and so you Gay, ''well, if I'm going to vote for thls, 1'11 qet it for him .'' Guys, there 's only one Way to 9et yourself out of that program, and that is to say, ''no more end this increase in civic center authorities'' 40  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 so you don't have local officials forever down here bangin: on us for pork barrel and more pork barrel. Remember, 1984, seventy-five million. Today, almost three hundred million dollars of obligated debt. When you figure we're paying that off in bonds, khat means six hundred million because every bond costs us roughly two dollars to pay off. We had a bi9 argument on tax amnesty yesterday for essentially thirty million bucks. That's what wedre payin: in debt service right now to the General Revenue Fund. We wouldn't even have needed tax amnesty, Senator Netsch. And to the other people who complained about tax amnesty, we wouldn't need it if we 'd show some restraint on this civic center fundings. Each time wedve had huge increases, we had a tax increase at the time. I'm not arguing pro or con that. But I'm at least saying let's not have significant increases when your not even trading it off on pork barrel. Think about it a little bit and say at least tie the thing down. This is not a year when we need to authorize anything new. There is no question that as long as you say to local officials, ''here is free State moneyy'' and we continually decrease What they have to pay, and increase what we pay, they're goinq to be here trying to feed at the trough. ask us to show a little fiscal restraint. Here is a tight budget year where we're grubbing for every dollar, but we're going to go out here and now increase civic center authorities: Which guarantees increase in bonded indebtedness and increased financial problems in the future. END 0F TAPE TAPE 2

PRESIDING OPFICER: (SENATOR LUFT) 41  STATE OF ILLINOIS 86th GEXERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 187th Legkslative Day June 22z 1990 Further dkscussion? Senator Joyce. J .J. Senator Joyce. Senator J.J. Joyce.

Thank you, Mr. President. 1, too, rise in opposition to this. It's -- itfs gotten to the point of ridiculousness. Yesterdayy believe, an amendment was put on here that wedre qoing to pay for the maintenanee, as well, of some of these civic centers. have one that's in this. One of my House members put it on and -- and 1: for the life of meF can't understand how We ean do that, when in my district there's wastewater facilitie: that need help. We have Radon in wells that need help. If wefre doinq something in that area: it'd make a little more sense, but to qo in and do this when there's thirty-one - now thirty-one civic eenters vyin: for the money that isn't there. It's -- kt's kkno of a hoax on the folks back home. We put this civic center bill iny and -- and knowing full well it's not going to get any money, and if it does it's -- or, you know, we're probably not going to approprkate any this year, and -- and maybe never againz I would hope. So they're anticipatin: this, and it's not going to happen. So I think -- I just think we ought to just stop this nonsense and -- and do away With this civic center thingz altogether. Because we a1l know as long as it's out there, we're going to have people asking for this money. So I would ask for your oppositkon.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Geo-Earis.

Mr. President, Ladies and Gentlemen of the Senate, completely concur with the two prior speakers. In addition, represent the City of Waukegan, which is the Counky Seat in the largest city in all of Lake County, and there's a provision in here that all members of the Waukegan Meeropolitan Exposition and Auditorium Authority will be elected from the seven members of the 42  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22# 1990 county board. The -- the Chairman of the County Boardês going to appoint them. I think thatls wrong. I think it's so bad that they disregard the fact that Waukegan is the largest city in the whole county. And in addition to the reasons given by Senator Joyce and Senator Keats, I have the further reason to say this is - - the way the whole thing is structured is bad. And I like the expresston of Senator Joyce, nlt's a hoax on the folks back home.'' It surely isp and I'm against this bill.

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

Thank you, Mr. Presidentg Ladies and Gentlemen of the Senate. I'd like to focus on one other problem with this proposal. This year, as an example, every social service asency in the State is banging on us because We're not giving them enough. Now, enough doesn't exist, but you know how tight a budget this year is. This bill starts a very, very serlous precedent. I agree with my previous speakers regarding moving forward in the construction of civic centers that may be of questionable value, and really think that that ought to be looked at. But I would suqgest to you in an even more serious way, this bill allows, for the first time, the appropriation of State money for operating subsidies. So, not only are we talking about twenty or thirty million dollars of General Revenue Fund money every year for debt serviee, we are going to be required to take care of our local important constituents to appropriate General Revenue Funds, not for human needs, but for buildin: maintenance, civie center operations. That's the Wrong priority, in our budqet makinq . We muse stop it now . urge a No vote. PRESIDING OFFICER) (SENATOR LUFT) Eurther discussion? Senator Karpiel.

43  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Thank you, Mr. President. Most al1 the prevîous speakers said most of what I wanted to say. also rise in opposition, but 1et me just add that another provision of this bill allows one of the civic center authorities that's bein: proposed, the Boone County one - authorizes them to be able to put on a one-percent food and beverage taz for the support, construction, maintenance or financin: of the authority, et cetera. Including the establishment of reserve funds - an expenditure of funds under an interqovernmental agreement between Belvedere and Boone County. think wefve just gone way off base with this whole legislation. We 've gotten totally out of -- I -- our original purpose with this - now we 've put on operating funds. We're allowing one of them to put on a one-percent food and beverage tax. Several of these authorities also had eminent domain powers on them, except that We did amend those -- those provisions out. And in addition to that, we're diverting some of the money now to libraries, and I'm a very strong proponent of libraries, but this is way out of -- off base from our original intent. And I urge a No vote.

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

Thank you, Mr. President. To the concerns that have been raised by Senator Joyce, and now Senator Karpiel and others, let me just add one footnote. Some of you may have seen the report that Was just released, I believez by the Taxpayers Federation of Illinois on Illinois' civic cenkers - an analysis of it from every perspective, including the fiscal point. Let me read just one sentence that the Taxpayers Federation had said in their analysis of our Civic Center Program, ''The General Assembly 's steadfast resistanee to providing operating subsidies for local eivic centers deserves acknowledgement and praise.'' That is no longer the fact. We are now bonding and -- and in otherwise, subsidizing 44  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22# 1990 the operating subsidies themselves. That is absolute fiscal irresponsibility. And I think Senator Joyce has aptly phrased it, We are perpretrating a hoax now, and it is a financially irresponsible one at this point.

PRESIDING OEFICER: (SENATOR LUFT) Further discussion? Senator Donahue.

Thank youz Mr. President. Very quickly, a question of the SpOnSOr.

PRESIDING OFFICER: (SENATOR LUFT) Sponsor indicates heîll reluctantly yield.

It's obvious, from the comments made by various Senators, that the operating the use of these bonded monies for operating expenses is a great deal of concern to a1l of us. Can you give us any indication of what's going to happen With this? Is this coming out in conference? What's going to happen? What's your feeling?

PRESIDING OFPICER: (SENATOR LUFT) Senator Savickas.

Yes. Senatory a House member had requested Senator Luft to introduce that amendment. I says, ''Go ahead, give it a shot, We have enough amendments on the bil1.'' I never, in my days here, thought that that would be adopted. Jus: out of courtesy, we gave him a shot. It was adopted. Obviously, not only that provisiony but there is some other concerns. This bill Will be headed into a conference committeez and I would guarantee that provision would not be on the final conference committee report. PRESIDING OFEICER; (SENATOR LUFT) Senator Donahue.

45  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leqislative Day June 22, 1990 Thank you very much. Just to comment on the bill then. I -- think that some of the comments that are made are a little bit erroneous, in the sense that the clties and the communitles khaè are in this billw now bave the opportunity to apply for funds. These are not funding these communities. It just gives them the opportunity to qo through the same criteria that the other communities that are already applying right nou are doing . So support this, as long as the operating budget is not in there.

PRESIDINC OFPICER: (SENATOR LUFT) Further discussion? Senator Savickas, you wish to close?

ïes. Just to comment. Senator Donahuez think, hit the nail right on the head, that we started the game rolling . Now in the middle of the game, we want to close the door to a11 those communities that just want to qee into it and sayw ''If there is availability, we want to be in position to apply.'' That doesn't guarantee them any money. It doesn't guarantee them anything. Unless we provide the money and disburse itz we give them this opporkunity to at least be part of the game to show that they're, for their own communlties, tryin: to do something economically. would suggese that We vote this bill out, get it over to the House, put in a conference committee, and 1et all these communities fight -- fight it outz and come out with somethin: that we a1l eould live with. I Would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR LUFT) The question is, shall House Bill 3197 pass. Those in favor will vote Aye. Opposedw vote Nay. The voting is open. . .. lmachine cutoffl... Have a11 voted who wish? Have al1 voted who wish? Last time. Wedre getting elose. Have all voted who wish? Take the record, please, Madam Secretary. On that question, the Ayes are l5# the Nays are 35, 5 voting Present. House Bill 3197 does not receive the required constitutional 46  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22e 1990 majority, and is declared failed. On the Order of 3rd Reading is House Bill 3242. Senator Topinka. Read the bill, please -- Recall. Sorry. House Bill 3272. Senator Hall. House Bill 3288. Senator Kelly. House Bill -- on Page 9 -- top of Page ... lmachine cutoffl...

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Top of Page 9. 3326. Senator Keats. 33 -- 3326, Madam Secretary.

House Bill 3326. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Keats.

I thoroughly explained this yesterday When we put the amendment on, which Was an agreed amendment between our State Nuclear Regulatory Agency and the various utilities in the State. This just allows inspectors into facilities. It's a pilok project to see how it works, and it does limit thak these are inspectors, not engineers, doing major changes, et cetera. It is agreed with no opposition, and I'd appreciate your support. Thank you.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If note the question is, shall House Bill 3326 pass. Those in favor will vote Aye. Those opposed: Nay. The votinq is open. Have al1 voted who wish? Have all voted who wish? Have a1l voted Who wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. House Bill 3326, having received the required constitutional majority, is declared passed. House Bill 3337. On the Order of House Sills 3rd Reading, Mr. -- Madam Secretary, please. 47  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990

House Bill 3337. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. This is the Druq-Free Workplace bill. It specifies that an entity with twenty-five or more employees, receiving a grant, or being considered for a contract of five thousand dollars or more from the State of Illtnois, shall take steps to certify that it'11 maintain a drug-free workplaee. Employees -- or -- of the grantee or contractor shall notify employer of a drug violation conviction occurring in the workplace, for purposes of disciplinary action. Also, this creates the bill -- within the bill creates the crime of drug-induced infliction of great bodily harm. Increases penalties for money laundering: based on the amount of laundered and -- of money laundered, and increases penalties for delivery of drugs or paraphernalia to a pregnant woman. There's also the amendment that was put on yesterday by Senator Dudycz, reqarding certification that the -- that -- that, in factr there is a drug-free workplace, which could or could not, dependin: on your interpretation, involve dru: testing. It is my understanding that this -- when this bill goes over to the House: it's goin: to go to conference, so that we will continue our discussions abouE some of the more questionable provisions of the legislation. So this bill is definitely qoing to go to conference. I would solicit you Aye vote for a drug-free workplace.

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

48  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Thank you, Mr. President, Ladies and Gentlemen Qf the Senate. I want to commend Senator Marovitz, it's the best bill he's ever had in his whole entire legislative life. I think we ought to pass it the way it is and don't let it go to conference. I know what you've guy -- you left-wingers over there will do. So don 't do it. Let's pass this thinq, and let it get on the Governor's Desk and sign it. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Marovitzy -- to close? Question is# shall House Bill 3337 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have all voted Who wish? Take the record. On that questlon, the Ayes are 57, the Nays are none, none voting Present. House Bill 3337, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3386. 3390 is on the Recall List. 3394. 3412. Senator Berman. House Bills 3rd Reading is House Bill 3412, Madam Secretary. SECRETARY HAWKER: House Bill 3412. (Secretary reads title of bill) 3rd Readin: of the bill. PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Berman. SENATOR BERMAN: Thank you, Mr. President, Ladies and Gentlemen of *he Senate. House Bill 3412 does two things. It deletes a number of specified requirements regarding administrative assistants in the court system, to comply With the new classification system developed by the judicial branch of government. And according -- in accordance with an amendment We adopted yesterday, it provides the same -- standards for salary increases for court reporters as we adopted 49 ;  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 under the revised Compensation Review Board formulary of the federal index commeneing July 1 of 1991. Be glad to respond to any questions, and sollcit your Aye vote. PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Discussion? Senator Watson. SENATOR WAQSON: Thank you, Mr. President. I guess, a question of the sponsor. PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he Will yield. Senator Watson. SENATOR WATSON: You mentioned that -- a salary increase for court reporters I guess you -- following the same guidelines that we did on the cost-of-living. Can you tell me What a court reporter currently -- what the salary of a court reporter miqht be? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman. SENATOR BERMANI I can tell you what the old 1aW specifies. I can't tell you What they, in faet, get. I think that varies from -- from person to person. The -- as I read this, and I may be in error, but let me as I read the existing languagey beginning July l of '87, I think that's the last threshold date, full-time court reporters shall be paid not less than six thousand, nor more than thirky-seven thousand tWo fifty annually. Thae's that's the language that I have in front of me. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator =- I'm -- Senator Watson. SENATOR WATSON : You mentioned a minimum and a maximum there. You said thirty-seven thousand dollars? What is -- and then I guess on top of that they also :et some salary or some compensation for transcribing, I understand. This was mentioned in the committee. 50 4 )  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Could you expand on that, pleasee Senator?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Berman.

ïes. This bill sets out minimums and maximums for -- and the law set out minimums and maximums for the salary of court reporters. In addition, they are paid on a per page basis, depending whether they are originals or copies, for transcripts thak are -- that are requested of them. That can vary from zero to - as hard as they work in response to the request for transcripts.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Watson.

guess - thank you, Senator. I appreciate your response, and so welre -- we're paying people thirty-seven thousand and then we're also giving them money for transcribing -- additional money. We -- we heard testimony in the committee that some court reporters are making seventy - seventy-five thousand dollars a year. I -- I just -- maybe some of these people deserve it. Maybe -- I honestly don't know Wha: a court reporter does. I've seen then work. I don't necessarily understand khe expertise behind it, and why they would demand such a salary such as this; but I think for us to give them just an annual increase of -- of up to five percent each year, I think is -- is irresponsible at this time. And I'd -- and of course this has gok Eo be fit into the budgeE, and we are under certain budget reseraints here. and certain concerns about the money being available for these type of things. So I -- I just don't believe this is the time nor the plaee to be giving court reporters additional moneyz when some of them are making upwards of seventy thousand dollars a year.

PRESIDING OFPICER: (SENATOR DEMUZIO) 51  STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22# 1990 All right. Eurther discussion? If not, Senator Berman may elose.

Let me respond to Senator Watson's critique of this bill. This bill sets salary schedule. Court reporters in the judicial system are very important. Their accuracy, their diligence: is a very important part of the effective operation of the judicial system . Wedre talking about a talentedz dedicated person whose salary, here at the present time, is a max -- a maximum of thirty-seven thousand two hundred and fifty. Their minimum is six thousand dollars. The other money, and I don't think that it's fair to talk about the transcript costs - those costs are paid, I believe, almost entirely by the attorneys representing the litiqants, for copies of the transcripts. That's not State money. It's not public money. So youfre talking about a important talented employee at thirty-seven thousand two fifty. I don't think that's out of line at all. What this bill further says is that beginning a year from now, subject to a appropriakion and subject to the rule of the administrative office of the Illinois eourts, two thresholds, they may get a -- an increase in their salary, which may not exceed five percent, and may, and must be, tn line with the federal index, similar to what ours is. I don't think that's unreasonable at all. And I would tell you that there aren't many employees of the State, and court reporters are part of the system, that don 't get some raise. If you want good people, you've qot ko give them reasonable compensation. This is reasonable compensation. I urqe an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall House Bil1 3412 pass. Those in favor Will vote Aye. Those opposede Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wlsh? Have al1 voted who wish? Have a11 voted who Wish? Have all voted who wish? Take the 52  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatkve Day June 22, 1990 record . On that question, the Ayes are 34, the Nays are 23, none voting Present. House Bill 3412, having received the required constitutional majority, is declared passed. 3468. Senator Carroll. 3494. Senator Donahue. On the Order of House Bills 3rd Reading is House Bill 3494, Madam Secretary.

House Bill 3494. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Donahue.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3494 - the original bill clarified the 1aw for trailers. There have been three amendments; One by DOT, one by the State Police, and one by the Department of Conservation. And I would just move for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Question îs, shall House Bill 3494 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have a11 voted Who wish? Take the record. On that questiony the Ayes are 56, the Nays are none, none votlng Present. House Bill 3494, having received the required c/nstitutional majoritys is declared passed. House Bills 3rd Reading is House Bill 3513, Madam secretary.

House Bill 3513. (Secretary reads title of bi1l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer. 53  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990

Mr. President and Members of the Senate, this bill codifies the several references to electronic home detention that already exist in the law, and creates the Electronic Home Detention law. The amendment we put on it was at the request of the -- some of the judiciary, as it affects those people who are on out on bond, pending trial or appeal. Basically, I think most of us understand that our local jails, and even our Department of Correckions, are looking at thls electronic home detention for some of the people convicted of crimes in this State. And then this bill, I think, makes that process -- puts on a much firmer ground, and sets the quidelines for how that is to work. The Department of Corrections supports the bill. I'm not aware of anyone in opposition. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is# shall House Bill 3513 pass. Those in favor Will vote Aye. Those opposed: Nay. The votin: is open. Have all voted who wish? Have a11 voted who wish? Have a1l voted Who Wish? Take the record. On that question, the Ayes 57, the Nays are nonez none voting Present. House Bill 3513, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3528, Madam Secretary.

House Bill 3528. (Secretary reads Eitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen.

Mr. President and Members, House Bill 3528, in its original form, requires insurance companies to maintain a consumer affairs 54  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SZNATE TRANSCRIPT 107th Legislative Day June 22, 1990 division or department to answer inquiries and complaints from policy holders. And further provides that the company respond in Writinq to any written requests that it receives from a policy holder within twenty-one days. As the bill has been amended, it also includes recommendations from the health care summit to allow employers to provide group health insurance policies. This is employers with twenty-five or fewer employees - to provide group health insurance policies that are free of many of the mandates -- mandated coverages that are otherwise required by the Insurance Code. As the bill was last amended yesterday by Senators Berman and Severns, the -- the mandate for a mammography was -- was reincluded, even for these otherwise relatively bare-bones, or no-frills policies, and -- and I solicit your support.

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

Thank you very much, Mr. President and Members of the Senate. I -- I think it's -- We appreciate the business community's interest in doing something about uncompensated care, and about making health care more accessible and health insurance more affordable. But I think the Body needs to take close look at what the business interest proposed to do about it in this legislation. First of all, this is a -- this is a piece of legislation that has very substantial opposition, and I would hope that the Members listen to this. This is a bill that's opposed by all the labor unions. The proponents of this bill say that they dre seeking to provide an option, a more care-bones minimum packaqe of coverage that -- that businesses are now -- are not now required to buy for their employees. This bare-bones option for small employer-purchased insurance doesn't really do very much. It denies what we a11 know ko be Erue about alcoholism: that it's a disease, and sometimes it's a disease that requires in-patient 55 1  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatkve Day June 22, 1990 treatment. It eradicates those existing provisions of the Insurance Code, which prohibit insurers from denying claims for psychiatric or physical rehabilitation treatment, simply because these services were provided in the hospitals which don 't have surgical facilities. I don't know how many of you know anything about the Rehabilitation Institute in Chicago, and the fine work khae Dr. Henry Betts does at that Rehabilitation Institute. You may have known someone who had been in that Institute. My father has been there. Dick Elrod 's been there. This would really be extremely detrimental to the Rehabilitation Institute in the City of Chicago. Those kind of hospitals can provide .more cost-effective and equally high quality care, and are jeopardized by this legislation. This bill circumvents important policy enacted recently concerning blood processinq, and administration. Processing blood and its components for lifesaving transfusion is a very costly procedure. It's even more so todayr because of the AIDS crisis, but as necessary as any other element of care. To recognize its necessity, and to avoid increasing the already staggeràng bad-debt burden earried by many of our hospitals, and jeopardizing many of our hospitals, we've required that this blood processing be covered. But this bill seeks to exempt businesses from includin: the eost of blood processing in kheir employee benefie plans. Ladies and Gentlemen of the Senate, current 1aw prohibits insurers from excluding or limiting coverage to Medicaid-eligible beneficiaries. This, effectively, makes Medtcaid Ehe secondary payer in such CaseG. This bill kould permie ehe exclusion of Medicaid-eligiblese Which would allow lnsurers to shift primary payment responsibility to the Skate of Illinois? and -- our -- increase our, already heavy, burden on Medicaid responsibility. An amendment adopted by voice vote in the final days of this Session is not the Way to make sweeping chanqes kn Illinois' health care policy. It's not the way to 56  STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leqislative Day June 22y 1990 skrip workers of basic health care coverage requirements, which they now benefit from. It's not the Way to purport to address the problem of uncompensated care. I do appreciate the hard work and expressed intent of this bills proponents, but the implications of their proposal are not beneficial to workers across this State to people who need rehabilitation across this State. The risk that they 're asking us to engage in is overwhelminq, and I intend to vote No on this legislation.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Kustra. ...tmachine cutoffl...

Thank you: Mr. President and Member of the Senate. rise in support of House Bill 3528. And I stand as one Who has, a number of times, voted for some of those mandates that have been fought by some of the business community, and certainly the insurance company. I supported the elinical social worker bill, for example. Without going into the merits of any of those, let me just suggest that I certainly do understand the possibility that mandates like that wi1l inerease the cost of insurance coverage, and therefore, require businesses to make some tough decisions, as to Whether or not khey should offer health care insurance coveraqe to their employees. Underskanding ehelr concerns, and understanding the fact that small businesses who operate on the margin, may make the decision to refuse coverage to employees, this particular bill seems to me to be a reasonable approach to save, for the employees of small business firms, Ehe opportuniey for health care insurance coverage, and that's what this bill is a1l about. For those larger firms, they will continue livins under the variety of mandates Senator Marovitz thinks are so vital to every citizen, but to small firms, they will simply refuse to offer coveraqe or, as is the case today, they simply don't offer coverage anyway. What legislation like this does is encourage 57  STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 small firms with employees under twenty-five to do just thaty to offer coverage. I hear Senator Marovitz say that the labor unions oppose this bill. I'm disappointed in -- in their leadership, in opposition to this bill, because I happen to believe that many of these small business firms operate with employees who are not even labor union members. Those people deserve some kind of coveraqe. Betker that they have the opportunity to participate in some kind of health care policy than no health care policy. This bill gives those folks that opportunity, and I urge an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further diseussion? Senator Jacobs.

Thank you excuse me. Thank you, Mr. President, Ladies and Gentlemen of the Senate. I wasn't goin: to speak on this bill. I was just going to vote for it, because I think it's a qood bill. But I think I -- I have to, at this pointz because labor has also contacted me in regards to this bill and -- and their concern is, as I understand it, is that there's going to be an erosion. think the bill protects that erosion. I think that making insurance available, even thou:h it may be limited insurance, available to the small Working man and woman of khis country is not a1l bad. In order to ensure that those Who are involved in a Hardee dsz or those that are involved in the local drug skore, if they Want to provide insurance, they now have t'hat availability, and it's now affordable. Everybody 's afraid that this thin: is going to bulld lnto something other than what I think itds qoing to be, and if it ever comes to that point, I think it's at that time that we can correct the errors. We make a lot. of mistakes when we dre down here. We pass legislation and Whenever *e made a mistake, we try to come back and rectify it. I think this is a good a good bill. I think it's one that we should -- should go forward with, and if we run into some problems: we can always 58  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22z 1990 correct them. And I ask for an Aye vote.

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

Thank you, Mr. President. I may have a conflict on this. I'm going to vote my conscience.

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

Thank you very muchz Mr. President and Members of the Senate. I appreciate very much the speakers Who have spoken in favor of this bill, and Senator Marovitz, I -- I'm really -- am concerned about the comments you made on this bill. It seems that you imply that, virtually, wedre changing a11 coverage al1 across the State. Not once can I recall you mentioninq that this bill only addresses the concerns of employers with less than twenty-five employees. Keep in mind, Ladies and Gentlemen of the Senate, these are individuals that are not now covered. Welre not talking about sweeping changes in the overall health policy in Ehis State. We simply are not. We are attemptin: to address the needs of those who do not now have insurance, and you all know those problems that exist. This is a critical problem facing society . This is an attempt, as Senator Kustra has so ably pointed out, to address those small employers who have narrow margins, who cannot now afford the kind of premium on the kind of policies that now exist. This is a critically important bill. One that's good for the small employer, and those employees across this State. And I urge your support.

PRESIDING OEFICER: (SENATOR LECHOWICZ) The Gentleman from Whitesidez Senator Schuneman.

Thank you, Mr. President. I just Want to say a couple of 59  1 STATE OF ILLINOIS 86th GENZRAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 words in support of this bill. We hear people complaining about this approach, and what they 're advocating is what those of us in the insurance business refer to as a cadillac policy. In other words, they want -- they Want a policy that would just cover everything, and that's wonderful. That's great, except the problem is, Ladies and Gentlemen, not everybody can afford a Cadillac. So if you refuse to allow this sort of plan to be offered to people, then in effect, youdre telling them, ''You either buy a Cadillac, or you don't get anything.'' And this is an alternative for small employers, Who are not now insured, to buy sonething for their employees. Don't you want to offer them that opportunity? I think this is surely a step in the right direction.

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

Mr. President, I think the issue has been pretty well debated. We think this is a good idea that needs to be experimented withy and -- and letls give it a try. I ask for your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall House Bill 3528 pass. A1l in favor, vote Aye. All opposed, vote No. Votin: is open. Eave a11 voted who wish? Have all voted who wish? Please take the record. On khis question, there are 50 Ayes, Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 3529. Senator Jones. Read the bill, Madam Secretary.

House Bill 25 -- pardon me. 3529. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 60  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Gentleman from Cook, Senator Jones.

Yeah . Thank you, Mr. President and Members of the Senate. House Bill 3529 is an -- basically an agreed bill. contains provisions for refunds of unearned premiums from the insurance companies to the consumers. It also contains a -- an amendment from the Department of Public Health that takes the Department of Public Health out of regulation of the limited health service organizations. Also, it contains ln there language as relate to telephone -- for -- for insurance producers to provide potential applicants for the oral estimates over the telephone in cities over five hundred thousand. IE also contains Ehe Illinois Motor Vehicle Illinois -- it creates the Motor Vehicle Theft Prevention Council and many, many other provisions that has already been discussed on this Floor. We took out the language that some of the insurance carriers was concerned about, as relate to the three years, and I don't see any opposition. I ask for a favorable vote.

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

Thank you, Mr. President. Well I agree With, basically, -- with what the sponsor is saying, he has amended this bill several tines, and I think everybody 's on board now, and I would urge an Aye voke.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones, to close. On that question, -- question is, shall House Bill 3529 pass. A11 ln favor, vote Aye. A11 opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voked who wish? Please Eake the record. On this question, there are 57 Ayes, no Nays, none recorded as Present. This bill: having 61  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 107th Legislative Day June 22, 1990 received the constitutlonal majority, is hereby declared passed. 3565. Leave of the Body, Senator del Valle Will be handling the bill, instead of Senator Severns. Read the bill, Madam Secretary.

House Bill 3565. (Secretary reads title of bi1l) 3rd Reading of the bill.

PRESIDING QFFICER: (SENATOR LECHOWICZ) Hearing no objections, Senator del Valle. SENATOR dEL VALLE: Thank your Mr. Presidenk. House Bill 3565 codifies DPA 'S Project Chance training and work programs under khe AFDC Program in accordance, and with current DPA rules. This bill was worked out with DPA, and the funding for this bill is included in the current budget.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 3565 pass. A1l in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a1l voted who wish? Have al1 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. Top of Page 10 appears House Bil1 3590. Senator Watson. Read the bille Madam Secretary.

House Bill 3590. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING QFFICER: (SENATOR LECHOWICZ) Gentleman from Bond, Senator Watson.

Thank you, Mr. President. House Bill 3590, the Committee 62  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 amendment, actually now becomes the bill. It requires that manufacturers and distributors of controlled substances shall send to the Department of Alcohol and Substance Abuse: on a quarterly basis, the same information that they send the Federal Drug Enforcement Agency. There was another amendment attached by Senator Barkhausen, which provtdes for minimum fines or community services for drug offenses, and prohibits court supervision for those particular crimes. This particular amendment really has no impact on khe prison population. Amendment No. 3 Was worked out between the Department of Alcohol and Substance Abuse and alkohol and drug dependency treatment groups, which would allow for those particular individuals not to be required to be licensed by b0th DASA and the Professional Regulation Agency. Amendment No. 4 was offered by Senator Barkhausen, which cleared up some of some technical changes in in the -- Amendment No. Be glad to answer any questions; otherwise I ask for your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Gentleman from Cook, Senator Marovitz. SENATOR MAROVITZI Thank you, Mr. President. Well, there's a very important provision in this legislation that I think people ought to knok about, 'cause I think it's far-reaching. There is an amendment in this piece of legislation whicb removes supervision from the list of available sentences for defendants found guilty of violation of the Cannabis Control Act. That means that accordin: to this legislation, a college student found guilty of possession of one marijuana clgarette -- one marijuana cigarette, would necessarily have a criminal conviction on his or her record for life. That is a major chanqe àn the law. The sentence of supervision, which is currently allowed, allows the eriminal court to impose a term of supervision upon finding of guilt of a violation of the Cannabis control Act. and then upon suceessful completion of the term of 63  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 I supervision, where the individual has remained clean and has no problems, the offender Will then have a clean record. Supervision is only available -- only available for offenders who are unlikely to commit further crimes where sentence of supervision is in the public's best interest. In addition to the order of supervision, the court now -- the court now can order the offender to pay restitution and to perform community service, as well as other terms and conditions that the court deems appropriate. Eliminating supervision for the youngr first-time drug offender, as this bill does, Will eliminate many plea bargains, deny the court the discretion it needs in sentencing an already overcrowded drug calendar, and really denigrate -- the justice system. I think what we've done in this amendment is gone Way too far. I think we need to give young people who commit one offense of maybe having possession of a single joint of marijuana - and I'm not defending that in any way - but we need to give the criminal justice system the discretion to give those individuals supervision and to allow them - those young individuals - to have a clean record, and not to be branded for life with a criminal conviction. And tbis bill Would prevent that, and I think it's important for you to know that.

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

Mr. President and Membersz thank you. In response to Senator Marovitze I -- obviously there is a -- a serious difference of opinion on this issue: and what he says is -- is partially correct, but I think it's important to -- to understand some things, and the first is# the degree to which supervision for a1l kinds of drug offenses is basically routinely granted right now . We, through our various actions here in State Government and back home in our schools and at the federal level, Where's there's 64  STATE 0F TLLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 certainly been a biq anti-drug push, we are exhoreing all society and especially our youn: people, to just say 'No,' and yet as it stands right noW with our criminal laws as theydre written today, ''Just say No'' is really a meaningless slogan. To do away with supervision will not have nearly the drastic consequences that Senator Marovitz suggests. For one who -- who indulges in a -- snoking a joint, for example, that seems to be the -- the -- the sort of incident that everyone likes to highlight here, we're not talking about a serious criminal penalty. Wedve talking about a Class C misdemeanor, and the penalties are not -- not at a11 changed. The question is whether there ought Eo be kind of a record, even a minor record, as with a Class misdemeanor, or whether one -- one simply ought to go off scott-freey faaing no sanctions whatsoever for violating the law and not -- not living up to our campaiqn to ''Just say No.H In addition to that, there is the other issue of -- of police and prosecutorial discretion. If we're talking about relatively minor offenses, particularly in jurisdictions such as Chicago and Cook County, where the courts and the prosecutors and the defense attorneys are as busy as they are, we know thaE many of these cases don't get prosecuted now, for better or worse, and that will continue to be the case. In addition to the supervision issue, what we provide in this bill and in the amendment: we feel, is a workable scheme of both fines and community service. The fines, we feelz Will raise a significant amount of money, which in turn can be used by the state for treatment and prevenEion proqrams on the one hand, for law enforcement by the State and by our police departments and MEG units on the other, so that we Will have, We hope, significant additional resources With Which to combat the -- the serious drug problen that society faces today. And as an alternative, judqes will have available to impose, instead of, or in conjunction with, fines, community service. So we feel that, Ladies and Gentlemen, 65  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 that it is important finally, to do away with these two Sections of our Statutes that have sent out, we feel, the wrong signal to those who violate our drug laws, who -- who have been led to believe that there is simply no consequence whatsoever for indulging in drugs and for contributing to the problem, and I urge your support for the billz and particularly for this important amendment.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? It's like a Christmas tree up here. Senator D'Arco.

Just for the record, Mr. President, the State's Attorney of Cook County is against this bill, and the reason he's against this bill is because he feels that if you don 't offer people 1410 probation, and allow them this opportunity, what the offender will do -- will ask for a jury trial like everybody else, and last year, in Cook County alone, just in Cook County, there were fifteen thousand felony drug cases, and without 1410 probation, you 're going to get fifteen thousand people that have been charged with a drug offense asking for jury trials, and the effect of Which is to bog down our court system, the effect of which is going to be to put more people in Illinois jails, Which are presently overcrowded to the point that we don't know what to do with them, the effect of which is to say to that first-time user. ''You are going to jail regardless of whether or not you are, in facE, a firse-Eime user.'' That's wrong, and Ehis bill should be soundly defeated.

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

Yes. Thank you. The other bad feature of this bill - whether or not it is the intent - this bill will most certainly stop 66  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatkve Day June 22, 1990 people from coming in and going in -- admitting that khey have a drug problem . Not because it's in the lawz but if you make a 1aw that says that if you are a user and you fre caught in possession, they will assume that if they admit that they are using drugs and go in for treatment, that they could, in fact, maybe go to jail, and that most certainly is a disincentive for people to voluntarily go into treatment on their owny or for some of the programs that we have passed here, which provides for assistance to go out and recruit and to get these people to voluntarily go into treatment. This would have an adverse effect on those laws khat we pass, and -- and we lll never solve the drug problem unless people are eured. That makes it a bad idea, in addition to the things that Senator D'Arco just stated.

PRESIDING OPFICER: (SENATOR LECHOWICZ) The Gentleman from Will, Senator Dunn.

Thank you, Mr. President. Well, this is an attempt, think, to pit people for or against drugs, and I think it's rather silly. What this does is to reverse a long-standing recognition that people make mistakes in judgment, especially youth. would ask the proponents: Why don't We change the 1aW on joy-riding then? Why don't we charge a11 of those people who make those mistakes with felony theft? We don't because We recognize that they do make a mistake. This -- this bill, if it's passed, Will brand people for life of making a bad decision. No one is -- is proposing khat we say anything good abouk *he use of druqs, bu* this bill will brand people for life, and it's something they will carry with them forever when they go to get a government job, or to go into the service: or to do anything. And What this bill does, again, is to reverse a recoqnition that those people who make that small mistake once in their life should not be branded forever. I urqe a No vote. 67  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legkslative Day June 22, 1990

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

Thank you, Mr. President and Members of the Senate. Pirst of all, I must say that I'm -- I'm disappointed to hear that the Cook County State's Attorneyz who ought to be providing leadership on this difficult issue, is opposed to this particular approach to ik, and 1111 explain Why I find that so disturbing, but as far as I'm concerned, he takes this in absolutely the opposite direction we ought to be going in the midst of What everyone across this country claims to be the greatest crisis facing our young people of today. I'd like to address the lssue, not so much as a legislator, but as a parent - Senator Marovitz and Senator Dunny specifically to both of you - a parent Who has two young adults. I think I've done a pretty good job of raising them. Theydre two good kids: but 1et me tell you what I taught them as they grew up, from the time they were small until now. I tauqht them to understand and to learn the consequences of the decisions they make. That's what I think has gone wrong in our society today. There's not enough people willing to convince young people of understanding the consequences of their decisions. Senator Marovitzg to follow your example, the one-joint violation, whatever you want to call it. What we're suggesting by this bills this so-called record for life that somebody is going to take through life, is a Class C misdemeanor - the least serious misdemeanor on our criminal statutes today - and what I suggest to you is that each and every one of you that have a problem with that, take it out across the State of Illinois. Take it to the people of the State of Illinois, and I'd like ko get the reaction of people when you say that any person, youn: or otherwise, who violates this law, should get the least serious misdemeanor on his or her record . find it very difficult that the people of the 68  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leqislative Day June 22# 1990 State of Illinois are going to have any problem With the 1aw we're considerin: right now. As I go out and about the State of Illinois, people are sayingz ''Do something about this problem .'' 0f course we want education. Senator Marovitz, you're the guy khat has stood up on this Floor, and I've supported you, for dru: education in the schools. If this laW passes, this law will be a part of those drug education efforts you've argued so strenuously for, and support you in that. Every young person sitting in every classroom across this State ought to know that when they make that first decision and it's a wrong decision, and it's a violation of this law, will get them a Class misdemeanor on kheir record. It doesn't mean - to answer the concerns of some of you - that theylre forever barred from public employment. Show me that. Show me where a Class C misdemeanor forever bars you from any kind of employment. But it is certainly a message, and it seems to me that We have to make that decision right here, now, on this Floor of the State Senate, in this year. Are we going to get serious about the drug problem? I'm for treatment. I don't have any problem with treatment. There are even deferred prosecution programs that will allow for treatment, as opposed to this particular approach. But in the meantime, Ladies and Gentlemen: let's get serious. Let's send a message to our young people. Let's make sure they do understand the consequences of their decisions. We have: as I said when this bill Was on amendment stage, we have second- and third- and fourth-time offenders, because we have qiven people across this StaEee who use drugs, second and third and fourth chances to use them. Hasn't the time come that we simply send that message out and suggest to our young people that the first offense is the most serious, because that's What leads to the second and the third and the fourth offense? If there should be a penalty anywhere that puts a mark on somebody's record as a threat against using drugs a first timee this is where 69  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 belongs. A Class C misdemeanor. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Cook, Senator Marovitz, for a second time.

I'm sorry to rise for a second time, but in the interim during this debate: I spoke to a gentleman that has probably more knowledqe about what wedre talkin: about khan any of us in this room, and that is the Chief Judqe of the Criminal Courts of Cook County, Tom Eitzgerald, and I spoke to him about ten minutes ago. And he said to me that he is unalterably opposed to taking this supervision provision out of the law, that is the most successful program that they have in the criminal courts to deal with this problem involving young people. The most successful program they have, and he is unalterably opposed to taking this successful program out of the law. Now, he deals with this kind of problem every day when he goes to work. We dondt. He knows what works. We donst. Kids are not going off scott-freez as somebody on the other side said. The 1aW today allows very serious community service. Take a look at people Who do drugs. Send them into hospitals. Take a look at these detox centers. The 1aW allows tbe judge discretion to do that today. You want to take that away from a judqe. You Want to end this successful program. You say, ''So a kid's going to have a Class C misdemeanor for smoking one joint. Big deal.'' The employers of this State are the ones who are qoing to decide how big a deal it is. Youy on *he other side of the aisle, had a bill last Sesskon to say that a State employer couldnît hire somebody who had a drug conviction. You had that bill. Could not hire somebody Who had a drug conviction. And that's what Would happ:n to some kid Who smoked one joint. All wefre saying is give the judges discretion to give a kid supervision, send them to community service. That's - - and treatment, that's right, and treatment. That's what Wedre 70  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legisla*ive Day June 22: 1990 saying. Don't cut that off. If you want to make it apply to the : Conkrolled Substances Acty fine, but it shouldn't apply to -- to -- to cannabis. It shouldn't apply to one joint of cannabis, and let's be serious here. Let's listen to the people who deal with this on a day-to-day basis. The Chief Judge of the Criminal Courts. We 're not talking politics. You want to talk leadership, let's talk leadershipz yes. You want to talk demaqoques? The answer should be no. PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Cook, Senator Keats. SENATOR KEATS: The Chief Judge of the Criminal Courts in Cook County ain't politics? You must have qone to Chicaqo Public School System. You probably believe in the t00th fairy. Let me throw in one last point in this bill. I listen to the -- one joint, one joint, one joint. People don't get arrested over one joint. They may get caught with one, and to pretend it's always a first-time offense, and it's a nice li'ttle kid, and first mistake he ever made. The chances of qettin: arrested on the first time are pretty slim, and I'm sorry if we bog down the Cook County Court System . I voted for that last judicial pay raise, and I$m proud of ik. One of the reasons I think we should have given the judges a raise is we have a significant caseload there, but theydre there to take care of these cases, and if it inconveniences people and they 9ot to work a little longer hours, I'm sorryr but khe criminal justice system is noE Ehere for the convenience of the State's Attorney and the judge. It is there to serve the people of this State, and it is important that we not weigh our judgments on these technicalities of convenience and this and that, and pretend it's first-time offenses. Are people breakin: the law? And do we have system there totakeeare of iE? And thoseshouldbe theonly tWo issues 1 ' that we should be considering . 71 N . .  STATE OF ILLINOIS 86th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT E l07Eh Legislative Day June 22, 1990

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

Well, thank you, Mr. President. There is other provisions to this legislation, but I don't believe that obviously theydre not as controversial as this particular amendment, so 1111 just address my remarks to the amendment. I donlt know if youdve -- one khinq thaE wasnft mentioned here is thaE right now you can give supervision for someone dealinq thirty grams of cannabis or less. We're talking about the seller out there. Webre also talkinq about supervision for anyone who grows any amount of cannabis, from one plant to any number of acres. So we re talking about not only the user here or the one-time abuser, we're talking about those people that are dealing, and that's something that -- that certainly should be taken into consideration. And also, they can skill go to mandatory treatment centers. There's no problem with that. The judge can do that, and the remark was made a moment ago, maybe in a motion, that we're taking that provision away. That 's not the case at all. We are concerned about treatment, and I'm sure the judicial branch is also, and they can send that individual if -- if they feel that they need treatment, they can do that. One other thing that -- that concerns me is the statement that was made that the -- the Cook County State's Attorney is opposed to this particular piece of legislation. Now the -- the people in my area and the State's Attorneys in my area - - I meany they support his kind of concept, because they believe in getting tough on the drug crime and the drug criminals. And what's happening in many cases, and a big problem that we're seeing, is that these -- these State 's Attorneys are plea bargaining away. They 're plea bargaining these people into supervision and letting them off the hookz and that's an abuse of the system, and that's a concern I think that We should address 72 I STATE OP ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leqislative Day June 22, 1990 ourselves here to. Wedre talkinq about a Class C misdemeanor - khe lowest possible misdemeanor and we're talking about a fine and community service. What's wrong wkth telling these people that they've got to do something for somebody else for a change? Obviously What welre doing in the criminal system righk now isn't working. We need to change directions, and I think this is a piece of legislation that attempts to do that. PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me. Senator D'Arco, on a poànt of order. What's your point? SENATOR D 'ARCO: You are misrepresenting whak this bill is about. You're not just talkin: about a Class C misdemeanor. Youdre talking about someone that's charged with any amount of cocaine - the minutest amount of cocaine is charged with a felony. So you can be convicted of a felony for a first-time offender for being in possession of any amount of cocaine. Don'k characterize this as simply being a Class C... PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse mez Senator D 'Arco... SENATOR D IARCO: .g. misdemeanor. You're wrong about that. PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Barkhausen. Why don't we just 1et the Gentleman close? Senator Watson, to elose. SEXATOR WATSON: Thank you, Mr. President. I was trying to address the concerns that we've heard so much about from the people on your side of the aisle, and that's the one-time abuser that -- the jcint so-called user, and that's the concerns that I was trying to address. If you're talking about cocaine -- I mean, that's -- that's a major problem. We're havinq -- wedre down in South 73  STATE OF ILLINOIS 86th GESENAL ASSEMALY REGULAR SESSION SENATE TRANSCRIPT 107th Leqislakive Day June 22, 1990 America right now, sending millions of dollars trying to address a cocaine problem, Senator: and if you think that ke ouqht to lkberalize that, well, you're definitely wronq. We need to get tougher on cocaine. This is the right type of legislation, and I appreciate your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall House Bill 3590 pass. All in favor, vote Aye. A1l opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Please take the record. On this question, there are 42 Ayes, 14 Nays, recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 3610. Senator Dunn. Read the billg Madam Secretary.

House Bill 3610. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Genkleman from Will: Senator Dunn.

Thank you, Mr. President. This is the bill that ls intended to go into conference commiktee that I have an agreemenk with Senator Hakkinson on. He has a simtlar bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any dlscussion? The question is, shall House Bill 3610 pass. All in favorg vote Aye. A1l opposedy voke No. Voting is open. Have al1 voted who kish? Have all voted who wish? Please take the record. on this question, there are 57 Ayes, no Naysz.none recorded as Present. This bill, havin: received the eonstitukional majority, is hereby deelared passed. House Bill 3613. With leave of the Body, Senator Jacobs will handle the bill. Madam Secretary, hearing no objections, read the bill, 74  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 please.

House Bill 3613. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senaeor Jacobs.

Thank you, Mr. Presidentz Ladies and Gentlemen of the Senate. This blll, 3613, strictly amends the Homeownership-Made-Easy Act, for the purpose of clarifying the intent, and I thtnk it's agreed ùpon by all parties, and if there's any questions, 1111 be happy to kry to answer them.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question ls, shall House Bill 3613 pass. All in favor, vote Aye. A1l 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 57 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby deelared passed. House Bill 3630. Senator Maitland. Out of the record. 3632. Senator Luft. Read the bills Madam Secretary.

House Bill 3632. (Secretary reads title of bil1) 3rd Reading of *he bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Luft.

Thank your Mr. President. House Bill 3632, as amended, permits DCCA to make loans to counties, munictpalities or local promotion groups to improve tourism attrackion. It also increases 75  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 khe caps on those grants from forty to eighty thousand. There was -- language dealing with the Worldfs Fair 1992 Authority Act that was eliminated from the bill. And then Senator Riqney and I ereated the Tri-county Tourism Developmenk Act, and the Preeport Tourism Development Act. I would ask for a favorable roll call, or would ask -- answer any questions.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 3632 pass. Al1 in favor: vote Aye. All opposedy vote Nay. The voting is open. Have al1 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 bkll, havinq received the constitutional majority, is hereby declared passed. 3649. Senator Joyce. Read ehe bill, Madam Secretary.

House Bill 3649. tsecretary reads title of bill) 3rd Readàng of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce. Joyce, please.

Thank you, Mr. President. This bill authorizes the Department of Agriculture, in consultation with the Interageney Committee on Pesticides, to develop methods and guidelines for evaluation and assessment of pesticide contamination in -- Agrichemical facilities in Illinois. It also creates the Agrichemieal Incident Pund Response Fund to provide reimbursements for the cost of response action durinq -- by an owner or operator of an agrichemical facllity in Illinois, resulting from an incident involving the reledse of agrieultural pesticides. Be happy to answer any questions.

PRESIDING OFPICER: (SENATOR LECHOWICZ) 76  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22# 1990 Is there any discussion? The question is, shall House Bill 3649 pass. All in favor, vote Aye. All opposed, vote Nay . The voting is open. Have al1 voted who Wish? Have all voted who wish? Please take the reeord. On this question: there are 56 Ayes, no Naysy none recorded as Present. This bill, having received the constitutional majorityy is hereby declared passed. 3656. Senator Zito. Read the bill, Madam Secretary.

House Bill 3656. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senakor Zito.

Yes. Thank you, Mr. President and Members. House Bill 3656 creates seven storm water management plannin: councils in Cook County to develop storm water managenent plans for four established water-shed areas that We have in Cook County. The bàll ls basically the same concept as Senator Macdonald had in Senate Bill 1710. The only difference being the removal of the language that disallows municipalities Who choose not to adopt a water-shed plan, as prepared by the councilr to levy a tax for storm Water purposes. I have been asked, rather than put this bill on Recall againy asked to read in for leqislative intent this following statement: ''House Bill 3656, as amended: is not repeat ls not intended to qrant non-home rule municipalities within Cook County any authority to levy a property tax for the purposes of implementing the storm water management plano'' Yesterday Senator Philip had added an amendment for the Dupage Council on Mayors. Basically that's it. Ild ask for a favorable vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) 77  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22# 1990 Any discussion? The Gentleman from Cook, Senator DeAngelis. Senator Zito, to close. Okay. The question is, shall House Bill 3656 pass. Al1 in favorw vote Aye. All opposed, vote Nay. The voting is open. Have a1l voted who wish? Have all voted Who Wish? Please take the record. On this question, there are 56 Ayess Nay: none recorded as Present. This bill, having received ehe constitutional majority, is hereby declared passed. House Bill 3658. Senator Joyce. Read the bill, Madam Secretary.

House Bill 3658. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Leave of the Body: Associated Press Would like to take some photos. Hearing no objections, permission granked. The Gentleman from Kankakee, Senator Joyce.

Thank you, Mr. President. This amends the State Prompt Payments Act. It says, ''A bill submitted to the State or an administrator for health care provided to a person covered under *he State group health inaurance is subject to the prompt payment requirements of this Act.'' Any questions, I'd be happy to respond.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 3658 pass. A11 in favor, vote Aye. A1l opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Please take the record. On this question, there are 56 Ayes: no Nays, none recorded as Present. This bill, havtng received the eonstikutional majority, i: hereby declared passed. House Bill 3722. Senator Topinka. Take it out of the record. 3725. Senator Hall. Out of the record . 3777. Senator Newhouse. Read the 78  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 bill, Madam Secretary.

House Bill 3777. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Newhouse. Out of tbe record. Top of Page 11 appears House Bill 3812. Senator Welch. Out of the record. 3826 is on Recall. 3834. Senator Berman. Read the bill, Madam Secretary.

House Bill 3834. (Secretary reads title of bill) 3rd Readin: of the bill.

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

Thank you. The bill contains the similar language dealing with uninsured motorists coverage as the bill that we passed out of the Senate. What -- What is neW in this bill is Amendment No. 2 that gives certain authorities to the Departmenk of Insurance dealing with managing general agents, Medicare supplemental policies with certain base safeguards, which are maintained in legislation, but keeping -- but allowing the Department the prerogatives of rulemaking in line with federal quidelines, dealin: with Medicare, and Property Casualty Guarantee Fund. Be glad to respond to any questions, and solicit your Aye vote.

PRESIDING GFFICER: (SENATOR LECHOWICZ) Any discussion? The question isy shall House Bill 3834 pass. A1l in favor, vote Aye. All opposed, vote Nay. The voting is open. Have a11 voted Who Wish? Have a1l voted Who wish? Please take the record. On this question, there are 55 Ayes, no Naysz none recorded as Present. This bill, having received the 79  STATE OF ILLINOIS 86th GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 eonstitutional majority, is hereby declared passed. House Bill 3894. Senator Netsch. Read the bill, Mr. Seeretary.

ACTING SECRETARY: (MR. HAKRY) House Bill 3894. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you: Mr. President. House Bill 3894 basically provides for a demonstration program to be done by the State through the Department of Central Management Services: in cooperation with other agencies, for the encouragement and, really, the possibility of employment by persons who are disabled, as that is defined in the Act. Itls a supporeed employmene program khich would allow some of the people who are quite capable of making a contribution, but not necessarily in exactly the same form as others, to have an opportunity to work. It was on the Agreed Bill List, as a matter of fack. It Was removed only to allow Senator Brookins the opportunity to offer an amendment, which also deals with Central Management Service and State employees, and basically provides that agencies Which fail to meet their affirmative action and equal opportunity goals, should set up training programs to prepare and promote people in those missing categories. I am not aware of any opposition.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 3894 pass. A1l in favor, vote Aye. All opposedg vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Please take the record. On this question, there are 54 Ayess l Nayr none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. House Bill 80  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 4-0-8-2. Senator Davidson. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HAKRY) House Bill 4082. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWIPZ) Gentleman from Sanqamon, Senator Davidson.

Mr. President and Members of the Senate. The amendment we put on yesterday became the bill. This is in answer to a problem that's been created by beavers, and the damaqe they've done to the drainage ditches and to the irrigation ditches. It has support of the Department of Conservation, khe Farm Bureaue the Farmer's Union, Illinois Agriculture Association, the Soil and Water Conservation District. Appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is# shall House Bill 4082 pass. All in favor, vote Aye. Al1 opposed: vote Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Please take the record. On this question, khere are 57 Ayesp no Nayse none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. House Bill 4-1-2-4 is on Recall. House Bill 4-1-4-9. Senator Marovitz. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HANRY) House Bill 4149. (Secretary roads title of bill) 3rd Reading of the bill. END OF TAPE 81  STATE OF ILLINOIS 86th GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 TAPE 3

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

Thank you very muche Mr. President and Members of the Senate. House Bill 4-1-4-9 makes it a crime to provide false identification to a police officer. IE requires a licensed driver to notify the Secretary of State of changed physical and mental conditions which may create a driving hazard. It raises the penalties for providing false information on a driver's license application. And if -- if a person is in custody for unlawful use of weapons, or violating the FOID Card Act, the arresting agency shall not release the person until it's taken every reasonable effort to obtain a fingerprint-verified criminal history, and has ascertained that the person has not been previously convicted of a like offense or felony. We are going to clarify this bill when it gets over that it applles ko UUW - unlawful use of weapons - and not just to expirations. And I Would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 4-1-4-9 pass. All in favor, vote Aye. A1l opposed, vote Nay. The votin: is open. Have all voted who wish? Have a11 voted who wish? Please take the record. On this question, there are 55 Ayesz no Xays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. oo.tmachine cutoffl... For what purpose does the Lady from Cook, Senator Topinka, seek recognition? Want to call that bill or not? You want to call that bill? Okay. Okay. We went through House Bills on 3rd Reading one time.

Thank you, sir. ...tmachine cutoffl... A11 right. Ladies and 82  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Gentlemeny the Recall List is being distributed, or has been distributed. I ask you all to take a look at it, so that We are prepared and can, in fact, move through it. While weere doing that - and I understand al1 the amendments are not ye* with us therels been a request to move to Page 13 on the Calendar. don't see Senator Watson - he made the request. ...tmachine cutoffl... A11 right. There's been a request by Senators Netsch and Newhouse and Watson to go to the Order of Secretary's Desk, Resolutions. We can do that now, while everybody's getting their papers ready for the Recall List, because wedre going to then move through the Recall List: and go one more time through 3rd Reading, and then we're out of here, as they say in the trade. A11 right. On Page 13 on the Order of Secretary's Desk: Resolutions is House Joint Resolution 116, Mr. Secretary.

ACTING SECRETARX: (MR. HARRY) House Joint Resolution ll6 offered by Senakor Watson.

Senator Watson.

Thank you, Mr. President. This does exactly what the Calendar says. It would ask for the display of the National League of Pamilies Prisoner of War and Missing in Action flag in the Capitol Rotunda. The reason welre asking for consideration, is so that the Director of the Department of Veterans' Affairs can present this particular resolution in -- in the next coming weeks. So I'd appreciate your support.

A1l riqht. Senator Watsonês moved the adoption of House Joint Resolution 116. Discussion? If not, a1l in favor, indicate by sayin: Aye. A11 opposed. The Ayes have The resolution's adopted. The same order - Secretary's Deskp Resolutions - bottom of Page 13, is House Joint Resolution 117, Mr. Secretary. 83  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990

ACTING SECRETARY: (MR. NANRY) House Jolnk Resolution ll7 offered by Senator Watson.

Senakor Watson.

ïes. Por the same reasons, House Joint Resolution 1-1-7 urges the observance of Prisoner of War/MIA recognition day on the third Friday of September of eaeh year. Again, the Director would like to have this resolution available.

All right. Senator Watson has moved the adoption of House Joint Resolution 117. Discussion? If not: all in favor, indicate by saying Aye. A1l opposed. The Ayes have The resolution is adopted. Top of Page l4, on the Order of Secretary's Desk, Resolutions: is Senate Joint Resolution 116, Mr. Secretary.

ACTING SECRETARY: (MR. HANRY) House <sic> Joint Resolution ll6 offered by Senators Topinka and others. Thank you.

Senator Topinka.

Yes. Mr. President, Ladies and Gentlemen of the Senate, this basically would establish a Private Enterprise Reviek and Advisory Board to study privatkzation of activities currently being performed by the State and local government. And thae's all it does.

A1l righe. Senator Topinka has moved the adoption of Senate Joint Resolution 116. Discussion? Senator Demuzio.

Well, thank you, Mr. President. Senate Joink Resolution according to the committee record - lndicaked that there were 8 84  STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Ayes and 8 Nays. I don't know hoW this thing got on the Calendar. Perhaps somebody aould enlighten me. PRESIDENT ROCK; I'm sure I could, but -- Senator Topinka.

It was discharged yesterday. And I did thank the commiktee for al1 of its Work, but there were a number of people who were absent that day, and I felt that naybe the full Chamber would like to have a shot at it.

Senator Demuzio.

My understanding that this is opposed by both the National Federation of Independent Business - opposed by labor, Central Manaqement Services. Is tbere anybody in favor of it?

We'll find out shortly. Further discussion? Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. too, stand in opposition ko -- to this resolution for a number of reasons. Number one, it's not balanced. The committee ts not balanced. This is a privatization bill -- I meanr resolution -- in effect. As Senator Demuzio said, there is no -- no provision for large business. nor is there any provision for -- for organized labor. And I think it's one that should be defeated.

Al1 right. Further discussion? Senator Topinka, to close.

Yes. Mr. Presidentp Ladies and Gentlemen of the Senate, wedve had similar legislation passed out in 1989. It's passed out of khe House, gosh. l15 to 0. The Senate, 47-3-1. It is put out by the Independent Business Association of Illinoisr John -- the 85  STATE OF ILLINOIS 86th GENERAL ASSEMNLY RECULAR SESSION SENATC TRANSCRIPT l07*h Legislative Day June 22, 1990 NFIB. And I see no problem. It's a study. What are We talking about. It's a study to find out, you know, what we dre paying our money for, and whether or not privatization would work. I Would ask the adoption.

Question is, the adoption of Senate Joint Resolution 116. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have al1 voted Who wish? All voted who wish? Have al1 voted Who wish? Have al1 voted who wish? Take the record. On that question, there are 31 Ayes, 25 Nays, none voting Present. The resolution is adopted. Same order of business. Senate Joint Resolution 198. Senator Newhouse. Read the resolution, Mr. Secretary. ACTING SECRETARY) (MR. HARRY) Senate Joint Resolution l98 offered by Senators Newhouse and Woodyard.

Senator Newhouse.

Thank youw Mr. President. The purpose of this resolution, Ladies and Gentlemen, is to begin a dialogue on the subject of regulatory impact on the business climate. It has the concurrence of a number of parties to this prospective efforts. And Senator Woodyard and I hope that it Would culminate in language for a billz which is Senate Bill 2182 that originated in my committee, and is currently on Interim Study in the House. Tt is supported by the Chamber of Commerce and by JCAR and others. My colleague -- my cosponsor: Senator Woodyard, is a member of JCAR and may have some remarks to make on the subject matter.

Al1 right. Senator Newhouse has moved the adoption of Senate Joint Resolution 198. Discussion? Senator Woodyard. 86  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22# 1990

Thank you very much, Mr. President and Members of the Senate. I'm very pleased to be a cosponsor of -- of this resolution. As - - and also as a member of JCAR for the past kwo years, I certainly have a -- a direct knowledge of some of the rules and requlations that various agencies are passing and and adopttng withouk really understanding the impact on the business community. And Senator Newhouse is certainly to be congratulated for offerinq this amendment. And We intend to bring thls into some of our discussions wikh the Senate Economic Development Committee at some hearinvs this summer. So I would certainly urge its adoption.

Question is, the adoption of Senate Joint Resolution 198. Those in favor will vote Aye. Opposedy vote Nay. The voting 's open. All voted who wish? Have al1 voted Who WiEh? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nayo, none voting Present. Senate Joint Resolution 198: having received the required constitutional majority vote, is deelared adopted. Senate Joint Resolution 200. Senator Hudson. Mr. SeereEary. ACTING SECRETARY) (MR. KAKRY) Senate Joint Resolution 200 offered by Senator Hudson and other Members.

Senator Hudson. SENATOR HUDSON) Thank you very much, Mr. President and Members. I will be the first to admit that when I introduced this resolution the other day that would seek to memorialize Congress to enact an amendment that would proteck our fla:, it had not taken the action that it -- it d&d take - at least the House of Representatives yesterday. However, when I introduced this resolution, I took care to contact 87  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22# 1990 members of leadership and other members on b0th sides of the aisle in this Chamber, because I honestly and devoutly believe thak this is not a partisan matter - providing protection for the flag - the symbol of our country and its unity. Andz overwhelmingly, the Members Here approved the idea, so I put the resolution in. Now: in spite of the aetion taken yesterdayy the Senate of the United States still has to act. And I believe that having run the flag up the pole, as we have, this would be a bad time to run the flag down the pole, in light even of wbat the House did in Washington, D .C., yesterday. So I would urge each and everyone of you to support this, and let's get this resolution over to the -- over to the House, and I would urge your support.

Question is, the adoption of Senate Joint Resolution 200. Those in favorz indicate by saying Aye. A1l opposed. The Ayes have it. The resolution's adopted. Senate Joint Resolution 202. Senator Netsch. Mr. Secretary.

ACTING SECRETARX: (MR. HADRY) Senate Joint Resolution 202 offered by Senator Netsch.

Senator Netsch.

Thank youz Mr. President. Senate Joint Resolution 202 declares November l6, 1990 as National Philanthropy Day in Illinoisy and encourages local activities in connection with celebratinq the contribution of volunteers in all aspects of the sector. I would move its adoption.

Discussion? If not, Senator Netsch has moved the adoption of Senate Joint Resolution 202. All in favor, indicate by saying Aye. All opposed . The Ayes have it. The resolution is adopted. All right. Ladies and Gentlemen, We'l1 beqin now on the Recall 88  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 List, and I'd ask you to pay attention. At the conclusion of the Recall List, with leave of the Bodyp we will then go back and pickup the bills that not only have been recalledz but those that are sponsored by some of our Members who have been down Working on appropriations all morning. And they have been in and out of the Chamber, but we wish to afford them, also, the opportunity to have their bills presented. Then we will go - as the final order of business to khe Order of Consideration Postponed. So I would ask you to be as mercifully brief as possible. All right. Paqe 8 on the Calendar. On the Order of Bouse Bill: 3rd Readinq, Madam Secretary, is House Bi11 3242. Senator Topinka seeks leave of the Body to return that bill to the Order of 2nd Readinq for purposes of an amendment. Is leave granked? Leave is qranted. On the Order of House Bills 2nd Reading is House Bill 3242, Madam Secrekary.

Anendment No. 1 offered by Senator Topinka.

Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate, the amendment becomes the bill, and, basically, is a former bill that we had in here which went out on the Agreed Bill List. It's an administration bill from the Department of Historic Preservation. It was tied up in the House Rules Committee. Now What this would do às - it amends the Hàstoric Preservation Agency Act ko increase the board of trustees from five to seven members. And it gives specific authority to make grants and appropriations for rehabiliEation and restoration of property on the National Register of Historic Places. Nobody has an objection to it - as said: it was on the Agreed Bill List.

89  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Senator Topinka's moved the adoption of Amendment No. l to House Bill 3242. Discussion? If not: all in favor, indicate by saying Aye. A1l opposed. The Ayes have The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 3325. I understand Senator Maitland has -- is seeking 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 3325. Bottom of Page 8, Ladies and Gentlemen. Madam Secretary.

Amendment No. 2 offered by senator Jerome Joyce. PRESIDENT ROCE; Senator Joyce.

Thank you, Mr. President. A11 right. Amendment No . 2 creates the low-level radioactive waste -- Senate Bill 1761: which ereated the Low-Level Radioactive Waste Disposal Siting Commission: passed the House last Tuesday. This amendment further elarifies the changes made by Senate Bill 1761 and is agreed to by the Governor's Office, DNS and other interested parties. It also makes one important change in Seceion l2. We are deleting new languaqe which would have required that the proposed site meet certain criteria with respect to a facility of the proposed design. I Was concerned that this lanquage mlght allow section -- the selection of a bad site and a great facility . And I didn't we didn't want that, so We had that removed. The amendment also increases the nuclear reactor waste fees, and according to DNS is agreed ko by Commonwealth Edison and Illlnois Power. I'd move for the adopkion of the amendment. 90  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990

PRESIDING OFPICER: (SENATOR DEMUZIO) A11 right. Senator Joyce has moved the adopkion of Amendment No. 2. Discussion? Senator Weaver.

Thank you, Mr. President. Senator Joycey is Senator Maitland in aqreement With these amendments? I see he has one also. He's in agreement with al1 of them? Al1 right.

PRESIDING OFPICER: (SENATOR DEMUZIO) All right. Senator Joyce has moved the adoption of Amendment No . 2. Those in favor will indicate by saying Aye. Opposede Nay. The Ayes have it. Amendment No. 2's adopted. Further amendments?

Anendment No. 3 offered by Senator Jerome Joyce.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Joyce.

Withdraw that amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Senator Joyce seeks leave to withdraw. Withdraw that amendment. Further anendments?

Amendment No. 3 offered by Senator Maitland.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Joyce has leave to offer Senator Maitland's amendment. Leave is granted. Senator Joyce.

This amends the Illinois Low-Level Oh, wait a minuee. Excuse me. This retains the bill, but adds Senate Bill 2097, Senator Macdonald 's bill changing the definition of underground seoraqe tanks to include additional tanks. This Was passed in the Senate and was held up in Rules in khe House. Ts thaE rlght, Senator -- okay. I1d ask for the adoption of this amendment. 91  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGZLAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce has moved *he adoption of Amendment No. 3. Discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendnent No. 3 is adopted. Purther amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 3390. Senator Rarpiel seeks leave of the Dody to return House Bill 3390 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 3390, Madam Secretary.

Amendment No. 3 offered by Senator Karpiel.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Karpiel.

Thank you, Mr. President. Amendment No. 3 is an amendment that was agreed ko on both sides of the aisle, Which changes the sunset date for the Tnteragency Services Fund to -- from 1992 to 1991.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Karpiel's moved the adoption of Amendment No. 3. Is there discussion? If not, those in favor will indicake by saying Aye. Qpposed; Nay. The Ayes have ik. Amendmen: No. 3 ts adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. House Bill 3826. Senator Daley seeks leave of the Body to return House Bill 3826 to the Order of 2nd Readin: for 92  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 the purpose of an amendment. Is leave granted? Leave is qranted. House Bills 2nd Reading; House Bills 3826: Madam Secretary.

Amendment No. 1 offered by -- offered by Senator Rock.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you, Mr. Presidentz Ladies and Gentlemen of the Senate. I'm sure each Member has received a copy of this amendment. And I1m sure, equally, that they haven't had a chance to read it all. It doesy in fact, literally rewrite the billy but incorporates those ehree changes with respect to the Democratic State Central Committee, that Senator Daley had presented, boeh in committee, and on khe Floor earlier. It adds one thing that we are constrained to do, and I've spoken with Senator Philip - this is an amendment to the Election Code, but only to that paragraph that deals with the Democratic Party - it does not touch the Republican Party or its process at all. And what it says is: that We are constrained by the Democratic National Party Rules to elect or select delegates by in accord with a system called ''Proportional Selection Representation.'' That is to say we elect our deleqates by popular eleetion, and what the Democratic National Party Rules noW say is that the delegaees who attend the convention have to reflect, percentage-wise, the Presidential primary vote in the Democratic Primary in that congressional distràct. so lf John Daley :ot forty-two percenk of the vote, he has to have, and will receive, forty-two percent of the delegates. It affects only the Democratic Party. And what it says is that the State Central Committee - the ruling body of the Party - has to come up with rules to implement the Democratic National Party Rules. If indeed we don't, We will be subject to penalties that can be issued by, and enforced by the Democratic National 93  STATE OF ILLINOIS 86th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1:7th Legislative Day June 22r 1990 Committee. I would urge the adoption of Amendment No. 1, and thank Senator Daley for affording me this opportunity.

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

Anendment No. 2 offered by Senator Dudycz.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Dudycz.

Thank you, Mr. President. Amendment No. 2 contains the provisions of Senate Bill 2155, which passed the Senate on May 17th with a vote of 58 to nothing. Specifically, what the amendment simply does, is it provides that al1 election jurisdictions must accept the absentee ballot applications provided by the State Board of Election. I appreciate a favorable vote.

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

No further amendments.

PRESIDING OPFICER: (SENATOR DEMUZIO) 3rd Reading. On Page 11 is House Bill 4124. Senator Marovitz seeks leave of the Body to return that bill to the Order of 2nd Reading for the purposes of a number of amendments. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 4124, Madam Secretary. 94  STATE OF ILLINOIS 86th GENEQAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Leqislative Day June 22e 1990

Amendment No. 3 offered by Senator Marovitz.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Marovitz.

Thank you very muche Mr. President. Amendment No. 3 embodies the Currency Reportinç Acty which passed the -- Which passed *he Senate on the Agreed Bill List -- With no negative votes. requires that transaction reports filed with the Department of Revenue ko contain a separate line signed by the seller or his agent indicatin: that the transaction involved the exchange of five thousand dollars or more ln U.S. currency, money orders or kravelers checks. And to -- and for Revenue to forward that to khe Seaee Policev Wedre trying to find out what -- trying to get at druç dealers who use cash - excessive amounts of cash - in transactions in the State of Illinois. That's what the legislation does. It also -- every financial institution would keep a record of every currency transaction involving ten thousand dollars or more and file the record with the Department of State Police. There's also a Retail Merchant's Assoclation amendment on here: which says that a dishonored portion of -- of -- let's see -- current law allows the payee to collect ten dollars or a11 costs and expenses including attorneyls fees incurred in collection with a bad check. Recently a court held that the current Statute doesn't allow the payee to collect nonlitigated expenses. 1RMA asked us to put this legislation in, which requires that the payee must send a drawer or written demand by certified mail demanding payment by a date certain and shall include notice of potential liabilàty for costs and expenses. And I would ask for adoption of Amendment No. 3.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz hps moved the adoption of Amendment No. 3. 95  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leqislative Day June 22, 1990 Is khere discussion? If not, those in favor Will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. is adopted. Purther amendments?

Amendment No. 4 offered by Senator Marovitz. PRESIDING OFFICER; (SENATOR DEMUZIO) Senator Marovitz.

Thank you very much. Amendment No. 4 deals strictly with controlled substances and with probation which first-time offenders get. It's a ''Get Tough On Crime'' amendmentz supported by the State's Attorney of Cook County. And it says ehat as a provision of the probation, the individual who has been convicted of the drug or controlled substance violation would have to be tested for drugs during the period of his probation at least three eimes. They could still have community service. If a person who's given such probation is again convicted under *he Controlled Substances Act: wlthin the nexe five yearss his discharge or -- dismissal is admissible in the sentencing proceeding as an aggravatinq factor of that conviction. I would ask for adoption of this amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Marovitz has moved the adoption of Amendment No. -- No. 4. Is ehere discussion? Senator Hawkinson.

senaeor, I wondered if you'd be able -- be willinq to pull this amendment, siven the aetion we took earlier today, and and see what results with the final compromise on 1410. belkeve in debate you indicated some support if we were just dealin: with 1410 and the Controlled Substances Act. That perhaps that would be an aeceptable thing to ban. I lust think this is qoing contradictory to the amendment we adopted earlier and -- and 96  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 this -- this one's probably going to conference committee anyway. I wonder if we'd be willinq to address that subject at that point. SENATQR MAROVITZt definitely will be -- I will be willing to address that subjeet. This again...

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Fine. Xes. Xes.

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

I -- I'm sorry, Mr. President, I didn't hear Senatar Marovitz's answer to Senator Hakkinson's question.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Marovitz.

I said I'd be Willing to address the subject. This deals strictly with controlled substances, and really is a very get-tough provision, requlring defendants who are sentenced under this to submit ko drug tests at least three times during their probation period. So weire making sure that these individuals are clean and stay clean during their controlled substance probation period.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Barkhausen.

Question of the sponsor. Senator Marovitzp What you said may have been -- been just unintentionally, slightly misleading. As -- as I understood it, from what you said, that this requirement of being tested three times would apply to those convicted. What I'm especially concerned about is -- is the fact that practically 97 ! i STATE OF ILLINOIS I 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 i I all of these people aren't being convicted, theydre getting supervision, and that's not a conviction. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz. SENATOR MAROVITZ: Would you repeat your question? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen. SENATOR BARKHAUSEN: As -- as you explained the amendment, you said that the testing requirement for those on probatlon would apply to those who are convicted. And my question was, since mosE all of these defendants are actually receiving supervision: which is not a conviction, would -- would this testing requirement only be limited to those kho are convicted, as opposed to those who are receivtng oupervision? PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Marovitz. SENATOR MAROVITZ: It applies to those people who are given supervision also. They ld be tested - mandatorily tested. PRESIDING OFFICER: (SENATOR DEMUZIO) Are there further discussions? Senator Hawkinson. SENATOR HAWKINSON: My request Was if you would withdraw this amendment now, so we could deal with this subject, since it's inconsistent wikh Ehe action of abolishin: the felony cocaine 1410 probation earlier today. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz. SENATOR MAROVITZ: Well, let me ask you a question. What happens if the other 98 ! I  1 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 one doesn't get called? Then you're forcing this bill to go to conference. And IIm not sure we Want to force another bill -- another piece of legislation into conference. Webre a1l going to try and get out of here early, and if we do that: then we 're going to force this thing into conference; because the other bill may never even get heard.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson.

Well, my -- When I spoke the last time, my question Was if you Would deal With it in this bill in conference, and I thought I understood you to say yes. So, if not, let's deal with this subject matter on the other bill in conference. And if this one is intended to be concurred in by the House let's leave this subject matter out of it, because it's inconsistent with what we just did.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Just to save the Body time, 1111 pull this - we'll put ik in conference. But I think this is going to be the vehicle that welre goinq to have to deal with. I don't think the other one is going to be.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right.

So 1,11 withdraw this amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz seeks leave to Withdraw. Amendment's withdrawn. Further amendments?

Amendment No. 4 offered by Senator Marovitz. 99  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l07kh Legislative Day June 22, 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Okay. This -- this amendment allows the admission of 1ab analysis of drugs upon presentation of a certificate regardin: the test and chain of custody. Currently, in order to admit lab tests into evidence, the profiting party must present a person from the lab, establish chain of custody from the point of confiscation of a substance to its testing: and prove that the method of analysis was proper. Thâs makes it much easierz and would -- would hasten the process of getting these tests admitted into evidence.

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

Amendment No. 5 offered by Senator Marovitz.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Withdraw.

PRESIDING OFFICER: (SENATOR DEMUZIO) Seeks leave to withdraw. Withdrawn. Purther amendments?

Amendment No. 5 offered by Senator Marovitz.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Yeah. This this is just a clarification of the intent requirement to defend against a charge based on the defense of entrapment. It really puts case 1ak into the Statute. And I l00  STATE OF ILLINOIS 86th GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 would ask for adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz moves the adoption of Amendment No. 5. Is there discussion? Senator Philip.

I -- I've noticed that Senator Marovitz has got about six on the Recall. Now have these things been killed in the House? They didn't get out of Rules? mean, What is this? Here wedre at the eleventh hour, you got a11 this stuff - all this garbage youdre hanging on and nobody's seen any of the amendments - theyfre not over here - I can imagine theylre some real doozies. And -- mean, we ought to have a good look at this: quite frankly. You know, this last minute stuff - I haven't seen any of these amendments. Not a one. And I just -- I kind of wonder whether we ought to be doing this at all. We ought to probably tell him no. He 's got more than anybody.

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

Just to clarify. We have shown a1l these amendments to your staff. A1l these amendments have been shown to your staff.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz has moved the adoption of Amendment No. 5. Further discussion? If not, those indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 5 is adopted. I'm sorry. Senator Philip. Senator Philip.

Iîd like to have a roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l righk. Senator Philip has Senator Marovitz has moved the adoption of Amendment No. 5 to House Bill 4124. Those ln favor of the adoption will vote Aye. Those opposed, Nay. The l01  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legiolative Day June 22# 1990 voting is open. Have a1l voted who Wish? Have all voted who Wish? Have al1 voted who wish? Take the record. On khat question, the Ayes are 26 -- I'm sorrye the Ayes are 24, the Nays are 26, none voting Present. Amendment No. 5 is lost. Further amendments? Are there further amendments?

Amendment No. 6 offered by Senator Marovitz.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

mean if we want to go through this charade we can do ie on, you know, verifications and a1l that stuff and take up a 1ot of time, but -- oh well, We'11 do this amendment since we're going to conference. Well then let's -- letîs have equal for both sides. Okay? Wefve seen amendments on 2nd Reading from b0th sides of the aisle that nobody has seen. This last amendment makes -- makes a penalty for manufacture, delivery and possession of PCP the same as heroine. PCP is the borse Eranquilizer. And that's all it deals with.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz has moved the adoption of Amendment No. Is there discussion? If noty those in favor Will indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Amendment No . 6 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 4190. Senator Luft seeks leave of the Body to return House Bill 4190 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. House Bills 2nd Reading, House Bill 4190, Madam Secretary.

l02  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Amendment No. l offered by Senator Luft.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Luft.

Thank you, Mr. President. The amendment simply says that this Act shall take effect upon becoming law. The bill is going to a conference committee. It's a very important 1aW dealing with the Illinois Toll Road Authority. I Would ask for the adoption of the amendment, and just move it on to 3rd Reading.

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

No further amendments.

PRESIDING OPPICER: (SENATOR DEMUZIO) 3rd Reading. There has been another -- Senator Rock. There's been another addition to the Recall List. 3722 on Page l0. Senator Topinka seeks leave of the Body to return House Bill 3722 to the Order of 2nd Reading for the purpose of Tabling an amendment. Is leave granted? Leave is granted. House Bills 2nd Readin: is House Bill 3722, Madam Secretary. Iîm sorry. Senator Topinka.

Mr. President, Ladies and Gentlemen of the Senate, I would seek leave to Table Amendment No. 2, which was khe rather controversial sizable one that Went on yesterday, and I think wepll a1l enjoy that.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka has -- voted on the prevailing side, moves to reconsider the vote by which Amendment No. ...tmachine cutoffl... l03  i STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 2 was adopted. Those in favor will indicate by sayin: Aye. Opposed, Nay. The Ayes have it. The -- the -- Amendment No. 2 is reconsidered. Senator Topinka now moves to Table. Those in favor will lndicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is Tabled. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. I guess Wedre starting over at the beginning. Page 6. Paqe 6. Nope. Page 7. o..tmachine cutoffl... 1560. Senator Hall. Page 8. 3242. Senator Topinka. House Bills 3rd Reading is House Bill 3242, Mr. Secretary.

ACTING SECRETARY: (MR. NAPRY) House Bill 3242. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka.

Yes. All this bill now does -- the amendment which we just put on becomes the bill. The original bill is no longer there. And all this does is amend the Historic Preservation Agency, to increase the board of trustees from five to seven members. And it gives it authority for grants and appropriations for rehabilitation and restoration of property on khe National Resister of Historic Places. It was an aqreed bill when it went out of here in the Senate. No one has any objections.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is# shall House Bill 3242 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Have a11 voted who wish? Take the record. On that 104  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22# 1990 question, the Ayes are 55, the Nays are none, none voting Present. House Bill 3242, having received the required constitutional majority, is declared passed. 3272. Senator Hall. 3288. Senator Kelly. Bottom of Page 8. 3325. Senator Maitland. House Bills 3rd Reading, bottom of Page 8, House Bill 3325, Mr. Secretary, please.

ACTING SECRETARY: (MR. WAQRY) House Bill 3325. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

Thank you very muchy Mr. President and Members of khe Senate. The first part of House Bill 3325 does extend the fees for the nuclear reactors. An amendment, sponsored by Senator Joyce this norning, adds language for the three-member siting board for siting the low-level nuclear waste disposal site. And Floor Amendment No. 2, offered by me this morning, deals with underground storage tanks, and I Would seek your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall House Bill 3325 pass. Those in favor will vote Aye. Those opposedy Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Have a11 voted Who Wish? Take the record. On khat questione Ehe Ayes are 55, the Nays are none, none voting Present. House Bill 3325, having received the required constitutional majority, is declared passed. Page 3390. Senakor Karpiel. On the -- House Bills 3rd Reading is House Bi11 3390, Mr. Secretary.

ACTING SECRETARY: (MR. NAQRY) House Bill 3390. 105  ! STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22y 1990 ! (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Karpiel. SENATOR KARPIEL: Thank you, Mr. President. House Bill 3390 amends the Corridor of Opportunity Development Act to allow DCCA to use eight percent rather than five percent of their appropriations for administrative purposes. It adds an additional wild card enterprise zone to be used for Ford Heiqhts, Illinois. And it extends the sunset date of the Interagency Services Fund to September 30kh, 1991. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Senator Keats. SENATOR KEATS: Why are we giving DCCA more administrative money? Less into the program and more into the bureaucracy. Could you explain that? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Karpiel. SENATOR KARPIEL: Yes, Senator. Since the Corridors of Opportunity Program was introduced - at that time What was eight corridors, since that time the number has increased to twenty-two, and the Department feels they need more money to administer the program. PRESIDING OPPICER: (SENATOR DEMUZIO) Furkher discussion? If not, the question is, shall House Bill 3390 pass. Those in favor will vote Aye. Those opposedz Nay. 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, the Ayes are 53, tbe Nays are 4, none voting Present. House Bill 3390, having received *he required constituEional 106  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 187th Legislative Day June 22, 1990 majority, is declared passed. House Bill 3394. Senator Carroll. Senator Carroll here? He's not here. 3468. Carroll. Can we break up the conference in front of Senator Carroll, please? House Bills 3rd Reading is House Bill 3468. No. Take it out. Page 9. 3565. Senator Severns. All right. Page 10. 3722. Senator Topinka. A1l right. beg your pardon. Page 10. 3630. Senator Maitland. On the Order of House Bills 3rd Reading is House Bill 3630, Mr. Seeretary.

ACTING SECRETARY: (MR. HANRY) House Bill 3630. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. House Bill 3630 is the annual IDOT conveyance bill. I think most of the amendments and the conveyances have been discussed on this Floor before. would be happy to answer any questions that you might have - otherwise, would seek your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Tf not, the question is, shall House Bill 3330 <sic> pass. Those in favor Will vote Aye. Those opposedr Nay. The votin: -- I'm sorry. 3630. Mr. Secretary: you want to -- all right. Question is, shall House Bill 3630 pass. Those in favor will vote Aye. Those opposede Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have all voted Who wish? Take the record. On that question, the Ayes are 56# the Nays are none, none voting Present. House Bill 3630, having received the required constitutional majorityz is declared passed. House Bills 3rd Reading is House Bill 3722, Mr. Secretary. l07  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990

ACTING SECRETARY: (MR. NAKRY) House Bill 3722. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka. SENATOR TOPINKA Z Yes. Mr. President, Ladies and Gentlemen of khe Senate, this bill now is basically what it was When it was on the Agreed Bill List. It amends the Abused and Neglected Child Reportin: Act. Allows the Department of Children and Family Services to release information concerning pending reports and unfounded reports of child abuse or neglect to authorized persons. At this stage of the gamey I don't think it has any opposition.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not: the question is, shall House Bill 3722 pass. Those in favor will vote Aye. Those opposed, Nay. The voting ls open. Have all voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question. the Ayes are 54, the Nays are none, none voting Present. House Bill 3722, having received the required constitutional majority, is declared passed. 3725. Senator Hall. 3777. Senator Newhouse. Page ll. 3812. Senator Welch. On the Order of House -- I beg your pardon. Senator Newhouse. Do you wish to proceed? All right. Page 11. House Bill 3812, Mr. Secretary, please.

ACTING SECRETARY: (MR. HAQRY) House Bill 3812. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. 108  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990

Thank you, Mr. President. This bill states that a grant exclusive possession of a residence in an order of protection will be sufficient notice to bring a charge of criminal trespass to real property to the individual trespassing on the property after a domestic dispute. An amendment was added to the bill, this week, retainin: that language and adding a provision that five years nust elapse, from the current two years, before the record of a person is expunged when the person was charged with domestic battery and subsequently discharged or dismissed upon successful conclusion of a disposition of supervision. I'd be glad to answer any questions.

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

Thank you, Mr. President. Will *he Senator yield for a queskion?

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

To the first part of the bill, I don't have any problem With the order of protection being sufficient notice for criminal trespass. I'm assuming, however, tbat for it to be sufficient notice you have to be able to show that the order of protection was served on the person who's later charged. Is that correct?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

My understanding would be there Would have to be notice to the defendank before he would be liable for a crime. Yeah.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson. l09  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22# 1990

So in the case of an emergency order of protection that had not yet been served this Would not eonstitute notice?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senaeor Weleh.

That would be my reading of it. ïes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, the question is, shall House Bill 3812 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a1l voted Who wish? Take the record. On that question, the Ayes are 56, the Nays are 1, none voting Present. House Bill 3812, having received the required conskitutional majority, is declared passed. With leave of the Body, before we get too far away from it, Page l0v let's return and pickup House Bill 3777. Senator Newhouse Wishes ko have it called. 3777, Mr. Secretary .

ACTING SECRETARX: (MR. NKKRY) House Bill 3777. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Newhouse. SENATOR NEWHOUSEJ Thank you, Mr. President. Mr. President, this io a vehicle bill and rld like -- I9d like to get it out of here. Creates the Chicago and Cook County Hea1th Care Plan. It's going into conference, and webll do whatever needs to be done there.

PRCSIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question isz shall House Bill 3777 pass. Those in favor will vote Aye. Those opposed, l10  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22: 1990 Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 53, the Nays are none, none -- 2 voting Present. House Bill 3777, having received the required constitutional majority, is declared passed. Page 11 is 3826. Mr. Secretary, House Bills 3rd Readin: is House Bill 3-8-2-6.

ACTING SECRETARY: (MR. HAQRY) House Bill 3826. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Daley.

Thank you, Mr. President and Members of the Senate. House Bill 3826, as described by Senator Rock earlier, deals With the Democratic Party delegates. And the other amendment dealt -- deals with a State Board of Election bill to provide absentee ballot applications acceptable in a11 election jurisdiction. I nove the -- move the...

PRESIDING OFFICER: (SENATOR DEMUZTO) Is there discussion? If not, the question is, shall House Bill 3826 pass. Those in favor will vote Aye. Those opposed, Nay. The votin: is open. Have all voted who wish? Have a1l voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. House Bill 3626 <sic>y having received Ehe requlred constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 4124, Mr. Secretary.

ACTING SECRETARY: (MR. WAKRY) House Bill 4124. (Secreeary reads title of bill) 3rd Reading of the bill.  STATE OF ILLINOTS 86th GENERAL ASSEMBL; RECULAR SESSION SENATE TRANSCRIFT 1:7th Legislative Day June 22, 1990

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Thank you, Mr. President and Members of the Senate. House Bill 4124 creates the Drug-pree Schools and Community Law. creates State and local druq-free advisory committees to consult wikh DASA regarding the distribution of grants and appropriations under this law. It creates a Youth Drug Abuse Prevention Fund income tax checkoff. It creates the Drug Enforcement and Treatment Council to certify and evaluate eommunity organizations and agencies to reduce the incidence of drug use in our schools and in our communities. In addttion, this also adds a local DARE officer to local drug-free schools and community advisory committees - at the request of DASA . It makes the State Drug-Free Schools Advisory Committee ereated by the Act a subeommittee of the Illinois Advisory Council on Alcoholism and Other Drug Dependency. That Was requested by DASA. It tries to deal with drug dealers and the use of cash by drug dealers regarding the Currency Reporting Actz dealing with cash transactions throughout the State. And finally, it makes penalties for PCP - a very serious drug - the same as heroine, and I kould ask for an Aye vote.

PRESIDING OFPICER: (SENATOR DEMUZIO) Is there diseussion? If note the question is# shall -- Senator Karpiel.

I'm sorry. What was the one you mentioned about cash transactions around the State?

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Marovitz.

That is the Currency Reporting Act, which passed the Senate on ll2  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 the Aqreed Bill List without a negative vote, which attempts to deal with huge transactions that are done in cash: so that there'd be some reportlnq, so we have an idea what these drug dealers are doing with their cash.

PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, shall House Bill 4124 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have a11 voted Who wish? Have all voted who wish? Take the record. On that question: the Ayes are 53, the Nays are 1, 2 voting Present. House Bill 4124, having received the required constitutional majority, is declared passed. House Bills 3rd Readin: is House Bill 4190, Mr. Secretary. ACTING SECRETARYI (MR. HAKRY) House Bill 4190. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft.

Thank you, Mr. President. As stated by the Secretary: the subject matter is the Illinois Toll Highway Authority Act. It is a vehiele bill. It will come back next Week, hopefully to enlighten us all.

.. . tmachine cutoffl... Discussion? Any discussion? Senator Fawell.

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

Indicates he will yield, Senator Fakell.

Senator Luft, Idd really like to know a little bit more of ll3  STATE OF ILLINOIS 86th GENERAL ASSEMRLï REGULAR SESSION SENATE TRANSCRIPT 107th Leqislative Da# June 22, 1990 what you dre talking about. The toll -- I have three of those tollways, and the TollWay Authority, and -- it's the tollway -- authority. Am I you are talking about the Tollway Authority. Well, it seems three of those tollways are in my district, out of four, and the Tollway Authority is in my district - I mean, their headquarters. Could you enlighten us a little bit more?

Senator Luft.

This bill has major provisions that will be added to in a conference committee. There are Members of the House, Representative Keane and Representative Matijevieh and others that have been working on it. In our Body, I have had a look at it: as has Senakor Schaffer, and my suggestion to you, Senator, would be to discuss khis kith Senator Schaffer, and maybe he will allow you to be on khe conference committee.

Question is, shall House Bill 4190 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting 's open. All voted who wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none votin: Present. House Bill 4190, having received the required constitutional majority, is deelared passed. Does any other Member have a bill on the Order of House Bills 3rd Reading that he or she wishes to address? Or are there any other amendments out Ehere thak we'wish to address? Okay. VenaEor Zito and Will be here in the morning wàth the third - yetp third Recall LisE. Senator Marovitz will be with usz I'm sure. Al1 right. Ladies and Gentlemen: we -- we have only yet remaining -- there's been a request to move to the Order of Consideration Postponed. There are four measures on Consideration Postponed, if you dll turn to Page 21. The only addition that was added as of this morning was 1l4  STATE 0F ILLINOIS 86th GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 2-9-0-7. So in addition to those four that are listed, if you would addr with leave, 2907, so we don't need a Supplemental Calendar. The adjournment resolution calls for us - as lon: as we are all here - the adjournment resolution that the House sent us calls for us to return on Monday. And that's fine. We will return on Monday, as will the House, but they asked us to return at the hour of noon. They are cominq in at four o'clock. My suggestion is that - Senator Philip and I have agreed - that We will start no earlier than three o'clock. So We'll just say three o'clock, Monday. Give everybody a chance to get into town. And when we come in we will then begin on the Order of Concurrence. The Calendar indicates there are seventy-nine matters already on Concurrence, and there were a number of additional ones read in this morning. Resolutions. Al1 right. Message from the House. SECRETARY HAWKER) A Messaqe from the House by Mr. O 'Brien, Clerk. Mr. Fresident I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 143. (secretary reads HJR No. 143)

Senator Demuzio.

This is the adjournment resolution - House Joint Resolution 143, as Senator Rock has just explained. I would move Eo suspend the rules for the immedtate consideration and adoption of House Joint Resolution 143.

Al1 right. Senator Demuzio has moved to suspend the rules for the immediate consideration and adoption of House Joint Resolution 115  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 143. All in favor of the Motion to Suspend, indicate by saying Aye. All opposed. The Ayes have it. The rules are suspended . Senator Demuzio now moves the adoption of House Joint Resolution 143. Calls for us to return Monday. Monday. And by agreementz wefll begin at 3:00 p.m . three o 'clock p.m. A11 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The resolution is adopted. All right. We'11 move now to the Order of Consideration Postponed. If the Members wish to pursue this they had best be ready. Senator Netsch, you in particular. House -- House Bill 1784. Read the billp Madam Secretary .

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

Senator Brookins.

Thank -- thank you, Mr. President. ask for the passage of this bill. It Will be sent to the House. We have an agreement that will be -- go into a conference committee, and it will a11 be worked out to both sides satisfactions.

Discussion? Senator Watson.

Well, thank you, Mr. President. 0ur spokesman's not here -- present at this particular Eime, but I understand from some of the - - the insurance lobby that that's not necessarily tbe case, Senator. That they are concerned about this legislation and that they haven't agreed to that at all. So, mean, can't say anything more than that, but...

Further discussion? Senator Barkhausen. l16  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22r 1990 I ! SENATOR BARKHAUSEN : 2 Mr.President,asIunderstandit-andIthinkIknowwhat-- ' l what Senator Brookins is trying to accomplish wikh this bill - but in ny opinion, anyway, I think it's sort of a seriously flawed idea. The legislation would propose to establish what's known as a joint underwritin: authority that would require various insurers to chip in to provide a program that can provide -- or can assure that various contractors can get what's known as surety coverage to guarantee the performance of their jobs. One of the problems With this bill is that it would require that a11 insurers, which are property and casualty insurance companies, participate in this joint underwriting authority even if they're not engaged in the surety business. Merely if they are licensed to carry on -- surety coverage, or to engage in that line of business, which a11 property casualty companies are, they would have to participate in this program. That effectively means that a1l personal -- so-called personal lines companies - such as# State Farm and Allstate, Which are basically just dealing in auto insurance and ' homeowners insuranee - would have to have their policyholders subsidize surety coverage. And for that reason, and because a joint underwriting authority inevitably involves a subsidy of some kind, I'm not sure that this is something that should proceed, even to a conference committee. PRESIDENT ROCK: Further discussion? Senator Brookins, to close. SENATOR BROOKINS: On -- on yesterday, I spoke at length with the minority insurance spokesman. We did at that time have an agreement that this bill would go over into a conference commîttee - that it would be held there - that we Would meet around it - that he had some concerns - that al1 those concerns would be worked out. And that was our agreement. And I think that -- that -- itîs a good ll7  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 idea, and that I'm askinq for a favorable full vote.

Question is, shall House Bill 1784 pass. Those in favor, vote Aye. Opposedz vote Nay. The voting's open. All voted who wish? Have a1l voted Who wish? Have a1l voted Who wish? Have a11 voted who wish? Have a11 voted who wish? Take the reeord. On that question, there are 18 Ayes, 28 Nays, 3 voting Present. House Bill 1784, having failed to reeeive the required constitutional minority -- majority, is declared lost. 3318. Senator Smith. Read khe bill, please.

House Bill 3318. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Ifm askinq Senator Berman if he will speak on behalf to the bill.

Senator Berman. SENATOR BERMAN : . Thank you, Mr. Presldent, Ladies and Gentlemen of the Senake. House Bill 3318 does four things. 1111 mention three of them quickly and I think 1'11 concentrate on the more controversial part. It provides that the Department shall include recognition of the special clothing needs of school-age children occasioned by cold weather conditions. Amendment No. l provides for expedited aid benefits. There is a minimal fiscal impaet on that. Amendment No. 3 provides for the Department to expand eye care and dental services. Estimated FY'199l fiscal impact is four hundred thousand. Amendment No. 4 requires this legislation to become 118  STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 effeckive kmmediatelyz and that relates to Amendment No. 2, Which is known as the Spousal Impoverishment amendment. And I believe that's the hot item in this bill. That was my amendment that was adopted the other day, and let me tell you why it is here. We wound up with, I think, twenty-nine votes when this was called for 3rd Reading, and seek not only tWo more votes, I would like twenty-nine more votes. The issue of spousal impoverishment deals with the question of where the State of Illinois should be in deternining the amount of assets and income that the non-ill spouse may maintain when the i1l spouse is confined to a facility where Medicaid -- I'm sorry, uhere Medicare must be implemented for khe maintenance of the spouse. The question deals with the level of resources that the non-ill spouse may maintain. Congress has set parameters. Theylve set a maximum and they set a minimum. Last year or earlier this year, the Department of public Aid adopted the minimum levels. And those minimum levels were an outrage ko the senior eommunity. When the senior community bombarded the Department of Public Aid saying this is unfair this is ruinous to our lives, the Department adopted a revised regulation - a maximum level. And that maximum level is not outraqeous. It allows the malnkenance of six*y-two thousand five hundred and eighty dollars of total assets by the non-ill spouse, and still qualify for Medicare. This amendment that's in this bill codifies - puts into legislation that present maximum allowanee for the non-ill spouse. Now we may hear some debaee and I want those who are about ko speak to listen to me and correct me if I am in error, because I think we ought to know exactly What we're talkinq about, and be eandid in our explanation of the impact of this amendment. The Department, in their request for fundsy requested fifteen million dollars: approximately, to fund this spousal impoverishment line. Under their present regulation that request was eight million dollars short. This ll9  I I STATE OF ILLINOIS I 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 amendment doesn't change that shortfall. The Department will still be eight million dollars short. The difference -- let me* correct that -- there is no fiscal difference between the existing regulation and this amendmene. The eight million dollars isn't there whether this amendment is passed or not. The question that's involved in this bill is whether we respond to the pleas of seniors and put it into legislation, or whether we leave it up to the prerogatives of the Department to keep ie or change it pursuant to rule. I'd be glad to respond to any questions, and I solicit your Aye vote. PRESIDING OFFICER) (SENATQR DEMUZIO) Discussion? Senator Donahue.

Thank you, Mr. President. Needless to say, it's very difficult to follow such an eloquent speaker. But you -- your point is what we objeck eo in regard to this. The Department of Public Aid is already doing this - right now - by rule - at the maximum level. The other point that he's doing is the COLA, and this would make the only group in the human service area that would have a COLA . Every other group has to come in and negotiate that with the Department of Public Aid and our appropriation staff for what the budget would do. So I would -- this is a very difficule vote - I understahd that - but we are already doing everything that this bill says right now at khe maximum. So I would hope We could defeat it again.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator -- senator -- senator Maitland.

Thank you very much, Mr. President and Members of *he Senate. And like the previous speaker, I rise too, in opposition ko House Bill 3318. It's very difficultr Senator Bermane at this time to 120  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22y 1990 get a handle on what -- what the cost of this program really would be with or without the points that -- thak -- that you have made. We really donît know where welre going here exactly. It's very difficult to get a handle on it. And I would only suggest to you that - having just been through the budget process, as the four approp people have done this morning, sitting there aqonizing over these bills, trying to get them to a reasonable level where we can al1 leave here With a balaneed budget. To take on something like this with no control it seems to me as absolutely the wrong thing to do at this point.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further dlscuosion? If not. Senator Berman may close.

Just -- just one second. A1l right. Thank you, Mr. President, for your courtesy. Let me just respond to a comment that Senator Donahue made.

PRESIDING OFFICER: (SENATOR DEMUZIO) Pardon mem Senator Berman. Just give us a few more minutes. Senator Berman.

I -- I asked for a clarification from staff as to a comment that Senator Donahue had made in her comments as she referred to a COLA . Let me clarify, and Senator Donahue can nod if I am stating stating it correctly. This amendment is no different than the regulation. The regulation provides a COLA, and this is the same as the requlation. Now 1et me - and I appreciaEe Ehe candor of both Senator Donahue and Senator Maitland. Ladies and Gentlemen, the issue here is not whether We are shoit money or long moneyt If khe Deparkmenk is honest With seniors, and the Department is honest with us, they have appropriated or requested an appropriation which is eight million dollars short. 1'm not arguing that. Theydre not saying that my amendment costs l2l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 somethinq that their regulation doesn't cost. It doesndt. The essence of this - the reason I'm asking for your Aye vote - is so that some seniors in our State - many seniors in our State - can sleep a little better. That's what wedre ealking about. The reason this is here is the reason that they want this to be embodied in legislation, so that if there's going to be a change the seniors can come to us to debate whether their protection, regarding the assets that they may maintain, will be decided by the General Assembly, rather than by regulation of the Department. Now the -- the Department - and I applaud them for it - responded to the pleas of seniors. They raised the benefit level to the maximum. The fear in the senior eommunity is that they might change that and lower that level. Ladies and Gentlemen, on behalf of the seniors, if that must be done and the requirements of fiscal restraint require it to be done, let us be the bad guys. Let us be the heavies. Let us hear the pros and cons of determining the kind of assets that seniors can maintain when their spouse must go on Medieare. Let's not delegate it to the Department of Public Aid. The Department responded to the seniors, let us -- us -- 1et us do no less. I urge you to vote Aye on behalf of your seniors. If it must be changed: 1et it be done here, not by the Department of Public Aid. I sorely plead on behalf of a1l of your seniors for an Aye vote on 3318.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is' shall House Bill 3318 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who Wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 30, the Nays are l7z 2 voting Present. House Bill 3318, having received the required constitutional majoriky, is declared passed. Senator Donahue, for what purpose do you arise?

l22  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 I hate to, but I have to verify the roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue has requested a verification of those Members who voted the affirmative. Al1 Members will be in their seats. The Secretary will read those Members who -- Who voted in the affirmative. Madam Secretary.

The followin: Members voted in the affirmative: Alexander, Berman, Brookins, Carroll: Collins, Daley, D 'Arco: DeAngelisw del Valle, Demuzio, Dudycz: Thomas Dunn, Hall: Holmberg: Jones, J.E. Joyce, J.J. Joyce, Kelly, Lechowicz, Luft, Marovitz, Netsch, Newhousee Raica' Rea, Severns, Smith, Topinkay Zito and Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue, do you question the presence of any Member Who voted in the affirmative? Senator Donahue. Senator Donahue.

Senator -- Senator Zito.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Zito on the Floor? Senator Zito on the Floor? He's righk here at the Podium.

Jeremiah Joyce.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jeremiah Joyce on the Ploor? Senator Jeremiah Joyee on Ehe Floor? Strike his name. SENATOR DONAHUE) That's a11 I need.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. On that question, the Ayes are 29, the Nays are l7, 2 votin: Present. House Bill 3318, having failed to receive the required constitutional majority, is declared lost. 3675. 123  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 Senator Rea. A1l right. House Bills Consideration Postponed 3rd Reading, House Bill 3675, Madam Secretary.

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

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea.

Thank you, Mr. President. House Bill 3675 has had the two amendments Tabled - Amendments 2 and 3 - and now returns to the oriqinal bill, which provides for those OB physicians that are practicing in designated health care shortage areas and family practice physicians practicinq Within the State who, pursue training, shall be included as providers entitled to fundin: under khe Fanily Practice Residency Act. Be glad to respond to any questions.

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

Mr. President and Ladies and Gentlemen of the Senate, when we had this bill in committee it really -- the committee kind of liked it, and as you can see by our voting record for committee action. With the removal of the two rather onerous, ponderous amendments, we still think it's a pretty good bill in its original forme and I would encourage your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? not, the question is, shall House Bill 3675 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have a11 voted Who wish? Take the record. 0n that question, the Ayes are 46, the Nays are 3, none voting Present. 124  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1B7kh Legislative Day June 22, 1990 House Bi1l 3675, having received the required constitutional majorityz is declared passed. END OF TAPE TAPE 4

PRESIDING OFPICER: (SENATOR DEMUZIO) 2907. Senator Rock. Message from the House.

A Message from the House by Mr. O'Brien, Clerk. Mr. President I am directed to ïnform the Senate that the House of Representatives has adopted the following Joint Resolution, in the adoption of which I am instructed to ask the coneurrence of the Senate, to wit: House Joint Resolution 139. is substantive. And I have a like message on House Joine Resolution 141.

PRESIDING OFFICER: (SENATOR DEMUZIO) Secretary 's Desk. I'm sorry, Executive. Resolutions.

Senate Resolution 1278 offered by Senator Pawell and a1l Members. Senate Resolution 1279 offered by Senator Rea. Senate Resolution 1280 offered by Senator Demuzio and a1l Members. And Senaee Resolution 1281 offered by Senator Topinka. And Senate Resolution 1282 offered by Sena*or DeAngelis. Theydre all congratulatory.

PRESIDING OFFICER: (SENATOR DEMUZIO) Consent Calendar. A11 right. With leave of the Body, we will 125  STATE OF ILLINOIS 86*h GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day June 22, 1990 add to the Consent Calendar that has been passed out, Senate Resolutions 1-2-7-6, 1-2-7-8, 1-2-7-9, 1-2-8-0, 1-2-8-1, 1282. Is leave granted to add those? Leave is granted. Madam Secretary, have there then been any objections filed to ehe Resolutions Consent Calendar?

There have been no objections filed.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz moves the adoption of the Resolutions Consent Calendar. All in favor, indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Resolutions Consent Calendar is adopted. Furtherp..tmachine cutoffl... Senator Geo-Karis, for what purpose do you arise?

sso president, I was on the telephone when 3675 was debated and voted on. And I would have Yes if 1 were on the Floor.

PRESIDING OFFICER: (SENATOR DEMUZIO) The record will so indicate. Senator -- further business to come before the Senate? Al1 riqht. We are coming back at Monday at noon, but nothing Will take place until three o lclock. Three o'clock. Three o'clock. A11 right. Thank you, Walter. A11 right. Further business? Senator Rock moves that the Senate stand adjourned till Monday. 126 z TIFLDAY 00t STATEay ILLINCIS 9o/1o/c2 1 8brB GENERAL ASSE/IBLY 11:35:25 1 DAILY TRANSCRIP SE TN IA GN rEOF DHBATE INDEX I 1 JUNE 224 1990 1 HB-0309 THIRO READING I H:-:95: THIRD REAOING HB-1220 THIRD REAûIIjG H6-1699 THIRD READING H8- :762 THIRD READiNG H3-1T8# THIRD REAOING H8-2389 THIRD READING 88-2700 THIRD READING H3-2:*2 THIRD READING H8-2899 THIRD REJDING H8-2907 THIRD READING 18-3058 THIRD READING *3-3085 THIRD READIRG HB-3090 THIRD REJDING HB-3t36 THIRD READIRG HB-3L6t THIRD REAOING 88-3197 THIRD READING 8ô-32#2 RJCALLED H:-3242 THIRD READING 8b-3316 THIRD READING H8-3325 RECALLED Hb-3325 THIRD READING H8-3326 THIRD READING H8-3337 THIRD READING H8-3390 RECALLEO 98-3390 THIRD READING HB-3*12 THIRD READING HB-3#9# THIRD READING 88-3513 YHIRD READING H8-3528 THIRD READING H:-3529 THIRD READING H8-3565 THIRD READING H6-3590 THIRD REAOING H8-3810 THIRD READING H8-36:3 THIRD REAOING H:-3630 THIRD READING 88-3632 THIRD READIQG H3-36#9 THIRD READING H8-3656 THIRD READING H8-3658 THIRD 2E;&fNG H8-3675 THIRD READING H8-3722 RECALLEU 88-3722 THIRU READING 93-37:7 THIRD READING H8-3777 THIRD READING H8-37T7 0UT OF RECORD H8-3812 THIRD READING Hb-3826 RECALLEO H8-3826 THIRD READING H8-3834 THIRD READING H8-389* THIRD READING HB-#082 THIRD READING H0-#12A RECALLEO HB-#l2* THIRD READING HB-4L#9 THIRD READING HB-#19Q RECALLED H;-#190 THIRD READING SR-12&7 RESOLUTIGN OFFERED 5R-1268 RESOLUTIBN OFFERED SR-l269 RESOLUTION DFFERED SR-l270 RESULUTION OFFEZED SR-1271 RESOLDTION OFFERED SR- l2T2 RESOLUTION OFFERED 5R-:273 RESOLUTION OFFERED REPOZTJ TIFLDA? STATE OF ILLINGIS 9Q/10/Q2 PAGEZ 0D2 *ETH GENERAL ASSEt4:LY :::35225 SERATE DAILY TRANSERIPTION 0F DE8/TE IIkDEX JUNE 22, 1990 SR-12;# RESLLUTION UFPEREO PAGE SR-t275 RESOEUTfCN OFFERED PAGE SR-l276 RESOLUTISN OFFERE: PAGE 5R-1277 RESOLUTION OFFEREP PAGE SR-1278 RESOLUTION OFFERED PAGE SR- 1279 RESULUTION UFFEREO PAGE SR- :280 RESGLUTION 0FF6R6P PAGE SR-128l RESOLUTION DFFERED PAGE 5R-1282 RESOLUTION OFFERED PAGE HJR-OII: ADOPTED PAGE HJR-OIL; ADDPTED PAGE HJR-0139 AOOPTEO PAGE HJR-OI#D RESOLUTION OFFEREO PAGE HJR-0t#l AD0PTE9 PAGE HdR-ût#2 RESOLUTtUN OFFERED PAGE HJR-0t#3 RESOLUTIOR OFFEREO PAGE SJR-0116 ADOPTED PAGE sJR-0t98 ADDPTED PAGE SJR-0200 AUOPTED PAGE SJR-02O2 ADGPT/D PJGE SJû-020A RESOLUTION OFFERED PZGE SUBJECT HATTER SENATE T0 ORDE: - PRESIDENT RQCK P/GE l PRAYER - SENATQR ADELINE GEO-K/RIS PAGE JOURNALS - PGSrPONED PAGE 1 MESGAGES FRO>1 THE HOUSE PAGE t MESSAGES FROM THE HOUSE PAGE 3 SENATOR COLLINS-PRESIDING OFFIEE: PJGE 8 SENATOR LUFT-PRESIDING OFFICER PAGE 1.8 SENATOR DENUZIO-PRESIDING OFFICER PAGE SENATOR LECHOHICZ-PRESIDING OFFICER PAGE 59 PRESIDENT ROCK-PRESIDING PAGE 82 SENATQR DEFIUZIO-PRESIDING OFFIEER PzG8 91 PRESIDENT ROCK-PRESIOING PAGE tt* NESSAGF FRON THE HSDSE PAGE t15 SENATOR DEYUZïD-PRESIDING OFFICER PAGE l20 MESSAGE FROM THE HQUSE PAGE 125 RESOLUTIORS CONSENT CALENDAR-ADOPTED PJGE 125 AOJOURNHENF PAGE 126