Illinois Senate Floor Debate — June 29, 1990

Consent Calendar. The Chair has been advised that there are a number of conference committees meeting at this moment, so the senate will stand in Recess until the hour of eleven o'clock. (RECESS) (SENATE RECONVENES)

We will begin on Paqe l1, and Would point out to the Membership What needn't be pointed out - that it's Friday, June 29th, and We are making every attempt to get out of here today. We will start on the Order of Conference Committee Reports. There are eighteen or so conference committee reports that have already been filed and are on the Calendar. And I Would ask the Members who are attending conference committee meetings or who are in their offiee to please join us. We will go through this Calendar, and then we dll Recess while we get a Supplemental Calendar put together. It's the main Calendar. Paqe ll. All right. Ladies and Gentlemen, we're going to start on Paqe l1. Senator Kelly, can I prevail upon you to start the proceedings here? On the Order 'of Conference Committee Reports, there's a Conference Committee Report With respect to House Bill 954, Madam Secretary.

First Conferenee Committee Report on House Bill 954.

Senator Kelly. SENATOR RELLX) 2  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 112th Leqislative Day June 29, 1990 Thank you, Mr. President and Members of the Senate. I move to concur in Conference Committee Report No. The report basically leaves the legislation as it Was, except it Would delete Senate Amendment No. 1. Senate Amendment No. 1, as you recall, eliminated the footage requirements for CILAS. And instead, the Department has agreed to expand their waiver provisions to accommodate those community providers who have a major problem with the Departmentls rules, regulations and probable statutory footase requirements. This would be final action, the Senate agrees with this eoncurrence. The report also calls for a transportation council for the disabled and for seniors, which Senator Netsch had included on amendments, and it also contains a provision for the Illincis Department of Public Health to establish not more than six residential facilities for persons which the -- which have the Hlv-related disease -- AIDS disease. Other than that, this is what the leglslation does: and I'd be glad to answer any guestions or try to. Otherwise, I would ask for your support and concurrence.

A1l right. The Gentleman has moved that the Senate adopt the Conference Committee Report on House Bill 954. Discussion? Senator Fawell.

Thank you very much, Mr. President. I reluctantly arise to support this -- this bill. I don't think the problem has really been solved as of yet. We are going to have some hearings this summer. A temporary rule has been put in place which I personally have been told is probably uneonstitutional under the Fair Housing Act of the Pederal Government. We hope to kork this out. If noty I'm sure wefll be back in the fall.

Further diseussion? Senator Dunn. 3  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 112th Legislatlve Day June 29w 1990

Mr. President. Question for the sponsor, please.

Sponsor indicates he will yield, Senator Dunn.

Senator Kelly, will you tell me aqain what -- What this does to the distance between CILAS?

Senator Kelly.

It leaves it as is# as it was approved by the -- by the Department in the Adminlstrative Rules Committeeg and leaves the same way, the same requirements as I believe you supported in the Rules Commlttee -- for the Administrative Rules Committee.

Senator Welch. Further discussion? Senator Welch.

Well, I have a question of the sponsor.

Sponsor indicates he will yield, Senator Welch.

Senator Kelly, the bill - in my understanding - up to the last section that was added about AIDS patients deals with the Omnibus Budget Reconciliation Act requirements as to creating CILAS for people in either -- people in nursing homes. Is that correct?

Senator Kelly.

Yes. As I understand, that's exactly what wefre about.

Senator Welch. 4  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

The last provision that -- on the Conference Committee Report says that the Department establishes up to six residential facilities for people with AIDS. Are these also people who are under the OBRA Program who are being moved out of nursing homes, or is this something totally different?

Senator Kelly.

No# Senator, this is not this is a -- an already an existing organization. It's already in place right now. These are not people that will be moving into a new program. It's -- it's something that's already existing and it's been requested by khe Catholic -- Catholic Conferenee, and the Department has agreed to support this.

Senator Welch.

Well, what looks like...

Ladies and Gentlemen, please. It's Friday, the 29th. We're trying. Senator Welch.

Well, what it looks like to me is welre using a bill to take care of Medicaid patients, allowing community living arrangements throughout the Gkate of Illinois, and here you goE an amendmenk sayinq that we're also going to build CILAS for people with AIDS throughout the State of Illinois, so We fre going to be moving them downstate as well as people who are being moved out of nursing homes. And I'm wondering why welre doing that.

Senator Kelly. 5  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

Senator, the CILAS do not have anything to do With this -- with the AIDS Residential Homes. This is a totally separate conceptr and it has nothing at all to do with CILAS.

Senator Weleh.

So this is a neW idea to have residential care facilities to put together several people with AIDS and have the Department move them throughout the State, so that they can be integrated with residences in our -- our communities throughout the State, even though we have not -- those people are not from our area? Somebody could come down to one of our counties and build a facility for eight individuals with AIDS. Under this proposale say that they ean put them next door to where any of us live, and have the State pay for that? This doesn't sound like too great a program to me.

Senator Kelly.

Senator, these six facilities are -- they are already in placer and they will not be anykhere else in the State. They are already set. and the Department is ready, able, and willing to Work With them, so theybre not qoing to come into your district or in any other Senator's district.

senator Weleh.

Wellr that's not What this languaqe says. This language says that the Department shall develop regulations allowing the establishment of these residential facilities. Now youbre saying l khat they are already established. If they are established then, 6  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 they dre illegal, if you need this language. So this seems to me that what welre doing is -- is goin: far beyond the OBRA Program, which the Federal Government mandated on usz and Wedre putting AIDS patients throughout the State of Illinois directly in our communities. And frankly, I don't think that's a good idea, Senator, and I think We should vote against this bill.

Al1 right. Further discussion? Ladies and Gentlemen, WAND-TV, WBBM-TV, and WMAQ-TV have requested permission to shoot some film. I'd ask you to look alert. Leave is granted. Further discussion? Senator Netsch.

Thank you, Mr. President. Actually I rose initially or turned ny light on to ask Senator Kelly or Senator Fawell a question. will do that, and then I Want to just address what Senator Welch has been raising. I 1 understand that the amendment that you put onï Senator Fawell, bas been removed. I'm just not clear why. there was an explanation either from you or Senator Kelly, I'm sorry I missed 1t, because it seemed to me that it was essential to have that amendment in order to avoid legal problems. And I just -- why did We do this?

Senator Fawell.

Because your representatives -- Representative Levin absolutely insisted.

Senator Netsch.

He's not my representative, but -- but you don't know the reason for it, I gather.

7  STATE OF ILLINOIS 86:b CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Senator Kelly.

It's a it's a eoncern. Therefs different provider organizations that are for having the footage requirements, and there's others that are not; and we've gotten a firm commitment from the House Committee on Mental Health that they will hold hearings during this perkod. And the Director has personally promised that he would see to working with these rules to get khem in sueh a way to allow for a -- for the review and to allow them to take place. So he's -- Wedre not trying to - and neither is the Department trying to - put over anything on any providers. We're just trying to get a working mechanism going, and we don't Want to get bogged down with it. And I think What Was been done so far will avoid those legal -- legal concerns, but it's obviously not a finished product, as Senator Fawell said.

Senator Netsch.

Thank you for that. Senator Welch, 1et me just briefly address the concern you were raisingz because this is something which -- with khich I am very familiar, and some of us are Who have -- represent parts of the City of Chicago. There are already in place some residences, Chicago House and Bonaventure, for example. Chicago House, indeed, has it's three, I think, four facilities: now around the City of Chicago. They are places where those who have HIV infectionse specifically AIDf, can go when they have no other facility. They are not nursing homes. They are not skilled cared. They are not anything. They are places where they can live and -- and have supportive help . But if we require them to meet all of the standards of much more sophisticated facilities, they Will be economieally impossible, and there will be no place for those people to go. They are 8  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 112th Legislative Day June 29y 1990 extremely important in the whole network of health care services for persons with AIDS. Chicago House wedve been familiar with for a long time. Bonaventure has recently openedy and what this languaqe is intended to do is to allow them to have a -- what amounts to a registration so that, you know, we know them and can identify them, but to make clear that they do not have to meet al1 of the sophisticated standards of -- of much more, and if you will, sophisticated facilities. At that point, they would cease to exist and then wez the State, would end up with havinq to pay -- to take in the persons kho otherwise live in Chicago House and . Bonaventure and pay for them at a much higher level. This is an extremely important critical part of the whole network of services for persons with AIDS, and I would strongly urge you, please to let us have this, so that ke can proceed. PRESIDENT ROCK: Further discussion? Senator Topinka. SENATOR TOPINKA: Yes, Mr. President and Ladies and Gentlemen of the Senate. When this bill went out of here with the Fawell amendment on it, it became a pretty good bill. And I think it was intrinsic to the credibility of the bill and to the ability to the Department of Mental Health to be able to create these CILAS as they could. I mean, it's a tremendous load that has been put on the Department of Mental Hea1th and the State of Illinois, to get developmentally disabled and mentally retarded folks out of nursing homes and placed in these CILAS. When you skart putting requirements in -- into law as to where they can be situaeed, where they can be placed, I think youdve really turned this whole thing upside down, and have hamstrung the Department in being able to carry out an already difficult mission. I sympathize with the -- the AIDS situation that has been tacked on here. I wish it would have gone through committee. It's probably doable, but overall without the 9 I  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Fawell amendment, think this is a very bad bill, and not because of the AIDS situation so much, but because of OBRA and CILAS. don 't think I can support it at this time.

Further discussion? Senator Raica.

Thank you, Mr. Presldent and Ladies and Gentlemen of the Senate. Mr. President, think this question might be directed at Senator Kelly, but perhaps Senator Netsch. Senator Kelly, 1et me start. Senator Netsch brought up the -- as far as standards thak this home would meet, that they would have to be lowered or there would not be any requirements. Is that, in fact, true? Would some standards have to be lifted in order for thls -- this home to stay established?

Senator Eelly.

Yes. As I understand, too, the Department has agreed to lower them . And while I'm at it: I want to mentionp I indicated that there would be six facllities; that's what it says, but there is apparently two in place right now. There could be potentially four more, probably would be in a metropolitan area, could be downstate, but I don't think so, but it could.

Senator Raica. SENATOR RAICAZ Senator Eelly, when they -- when you say that the standards Were going to be lowered or the regulations, has the -- has the Department accepted a norm that they are Willing to -- to go with?

Senator Kelly.

10  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Yes: the -- the Department is in full agreement With it With this lessening.

All right. Further discussion? Senator Kelly, to close.

Well, I'd just like to close by saying that we did have an exkended conference meeting on this, and we did get an agreement bekween a1l of the conferees: between all of the providers, with the understanding the Department would be working with -- with those -- who might be in opposition to this. I khink we got a good agreement. The Department is in firm support. Just about everybody 's on board. Apparently we have concerns in the Senaee, and I would just ask for your support. T thlnk it's a good report. Hopefully, you'll support it.

Question is, shall the Senate adopt the Conference Committee Report on House Bill 954. Those in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have all voted who wish? Have a1l voted Who wish? Have a11 voted who wish? Al1 voted Who Wish? Take the record. On thae question, there are 26 Ayes, 20 Nays, 10 voting Present. The Conference Committee Report is not adopted, and the Secretary shall so inform the House. Senator Kelly requests the appointment of a Second Conference Committee. 2-3-8-8e Madam Secretary, please.

First Conference Committee Report on House Bill 2-3-8-8.

Senator Jacobs.

Thank you, Mr. President. just ask that we confer in Conference Committee Report on House Bill 2388 the First Conference Committee. This anends the Unemployment Insurance Act  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 in regards to the shortfall for the Department of Employment Security . It's an agreed-upon amendment -- agreed upon by Labor and Business. What it does -- it takes care of the the shortfall by divertin: seven million dollars from current UI benefits and two millton from the Legal Assistant Programs to the DES for administrative expenses in FY'9l and then increases UI dependent's allowance for FY'9l by 3.5 million. Everybody gives a little bit. Everybcdy pays a little bit. It's just a stopgap measure: and we're going to have to address this problem a little further in the futureg but 1611 be happy to answer any questions. PRESIDENT ROCE; Discussion? Senator Hudson.

Thank you, Mr. President. rise just to agree with Senatcr Jacobs and to compliment and congratulate all parties - Business and Labor - in arriving at what We feel is a very fair settlement and a compromise on this issue, and and Would urge concurrence in this case.

Further discussion? Senator Brookins.

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

He indicates he will yield, Senator Brookins.

Thank you. Senator Jacobsr we were under was led to believe that there uould be two hundred employees in the Chicago area that possibly Would be laid off had ke not reached this agreement. My question is, will this eliminate thak necessity?

Senator Jacobs. 12  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

Thank you, Senator. Maybe that's something that should be done anyway; I don't know. But no. This changes the ball game. The Outreach Programs will not be closed.

Senator Brookins.

Are you saying to me that you khink that my constituency in the Chicago area should be laid off? Is that What you're thinking?

Senator Jacobs.

What I'm saying, Senator, is we don't know if we got too many employees anywhere, but, no, under the cireumstance in a11 seriousness, tbat was one of the alternatives - if we did not do this they would shut a1l of the Outreach Programs doWn or a11 of the Outreaah offices down and bring them into a central office. That is not being done now.

Senator Brookins.

I Want to thank you, Senator.

Further discussion? Senator Schuneman.

A question of the sponsor, Mr. Presidenk.

The sponsor indicates he Will yield: Senator Schuneman.

Senator, I understand that this, as you describe is a stopgap measure and -- and involves using lllinois trust funds to 13 I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 pay expenses that normally have been paid by the Federal Government. Is there some time certain of -- of the period that Webve agreed to do this? In other words, are We going to do it for a year or so and then expect -- the Feds are going to pick up the cost again, or -- or whak is -- what are the prospects there? PRESIDENT ROCK: Senator Jacobs. SENATOR JACOBS: Youdre youdre absolutely right, Senator. This is anly a stopgap measure, and we have to get back to the Feds. We have to put the pressure on the Feds to live up to their responsibility, and We dre going to have to address this problem again, and we are keepinq one of *he unemployment insurance bills in -- in reserve so welll be able to respond to this later in the fall, if we have to. PRESIDENT ROCK: Further discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on House Bill 2388. Those in favor will vote Aye. Opposedz vote Nay. The voting's open. Have al1 voted who wish? Have a11 voted who wish? Have a11 voted Who wish? Al1 voted Who wish? Take the record. On that question, there are 56 Ayes, no Naysv none voting Present. Senate does adopt the Conference Committee Report on House Bill 2388, and the bill, having received the required constitutional majority, is declared passed. 2-9-6-7, Madam Secretaryz please. EECRETARY HAWKER: First conference Committee Report on House Bill 2-9-6-7. PRESIDENT ROCK: Senator Daley. SENATOR DALEY: Thank you, Mr. President and Members of the Senate. move that we concur in the Conference Committee Report on House Bill 14  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 2967, and what it does -- it gives Naperville until 1-91 to bring its impact fee ordinance into compliance with the Stake. It also it also clarifles the General Assembly intent that if impact fees are to be collected due to the impact the new development will have on State roads, then it should be spent on State roads. The other amendment -- was Senator Berman, and it deals with a problem in the City of Chicaqo dealing with building court, and it clarifies what the Conference Committee Report does. It corrects some technical problems, and it amends the bkll to permkt the courts to order rather than authorize municipalities to demolish, remove materials, repair or -- on Ehe enclosed building. I move the adoption of this Conference...

The Gentleman has moved the adoption of the Conference Committee Report on House Bill 2-9-6-7. Discussion? Senator Fawell.

Thank you very much . Would the sponsor yield for a questkon?

He indicates he Will yielde Senator Fawell.

Senator Daley, did you say that that the impact fees would only be allowed to be used for -- for highways? I'm -- I'm sorry. I didn't -- I didn't catch that.

Senator Daley.

Senatorz what stated was that this amendmentz as you know, was adopted previously, and it clarified the General Assembly's intent that if impact fees are to be collected due to the impact that the new development will have on State roads, then should be spent on State roads. While current 1aw refers to the  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29g 1990 I proportionate share of that particular government entities impact ' fee, it does not require that such share of the impact fee should I be spent on the share of the road system .

Further discussion? Senator Keats.

Thank you, Mr. President. Just a couple of quick questions. First on legislative intent -- something often forgot is -- I was the sponsor of the impack fee bill, and it was not our intent to put limitations on it. Just so people are aware, the impact fee had specific reasons for being brought into existence, and this is not the legislative intent of the sponsors - Representative Stern and myself. But two quick questions: these other amendments -- have we ever seen these before: or did they just emerge mystically on this Conference Committee Report?

Senator Daley.

Senator, as you know, both of these passed the Senate 59 to nothinq.

Senator Keats.

Then following up, the Municipal Code in terms of enclosing buildings, et cetera. Are we -- right now the court can do this. Is Ehls stripplng the power by making it permissive instead of mandatory? 1 mean, this is lessening the impact?

Senator Daley. SENATOR DALEY: ' Senator, you are correct.

16  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Senator Keats.

I would say to anyone Who has blighted areas in the city - and I want that stressed out loud - anyone who has blighted areas in their distriet -- one of the great advantages right now is a municipality can qo to a court and sayz ''Guys, this is bliqhted. It's full of trash. There are drugies in ity'' or whatever you want to say, and you can then get the court to force that the building be covered up, boarded up, Whatever. This is now limiting or lessening the court's ability to do that. Anyone who has blighted areas I donlt think's going to be real excited about this amendment, and I would say they should quickly take a look at it. And it would be interestin: to know who wanted this provision, 'cause this does not sound like the kind of provision people in those neighborhoods would want.

Further discussion? Senator Holmberg.

Thank you thank you, Mr. President. Most of these provisions went through Local Government Committee. Theydve gone through the Senate before. I'm sure Senator Daley will agree with me that this does not limit what the cities may do with buildings. They may now order the courts to do this. I think the bill is in good order, and think the Body should support

Further discussion? Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, as I've stated before, I may have a eonflict of interest, so I will vote my conscience, since I am a mayor and a State Senator. However, am supporting the bill because Amendment 2 is still on the bill, which does make it easier to foreclose and demolish property that 17  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 - - theyîre eyesores -- and therefore, I speak in favor of the bill.

Further discussion? Senator Lechowicz.

Well, Mr. President and Ladies and Gentlemen of the Senate, this is in response to Senator Keats' concern. Anybody that has any knowledge of the working of the building court in the City of Chicago would support this Conference Committee Report. The judges are frustrated many times when the community groups come to the court requesting that a building be put in a safe condition or it be removed as quickly as possibley because it is blighted. And the court then has to wait for the corporation council's office and the other legal technicalities before they're able to move on that building. This is an improvement in that process. Basically What they 're doing is they dre having the courts to order the municipality or the city to demolish, remove materials, repair or enclose buildings in certain adverse conditions. This is exactly what you do want, and I would strongly encourage the adoption of this Conference Committee Report.

Purther discussion? Senator Brookins.

Thank you. A question of the sponsor.

Sponsor indicates he will yield: Senator Brookins.

Thank you. Senator Daley, thisz in effect, allows the City to speed up the -- the foreclosure on buildings so that they can be demolished. Is that correct?

Senator Daley. 18  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leçislative Day June 29, 1990 1

Yes, Senator.

I Senator Brookins.

Do -- do that limit it to what size building, or is it any building, and so that residents are -- is there a...

Senator Daley.

Any building, Senator.

Senator Brookins.

Thank you, Senator Daley. I am familiar With this, and I -- I think that the City do need this. We can go through communities and see boarded up buildingsz and We can see that there are hangouts for undesirable characters and other folks. So I think that we need to give the City this authority, and I stand in support of this bill. PRESIDENT R0CX: Senator Daley, you wish to close? SENATOR DALEYI Just that I move the adoptlon.

Queseion is, shall the Senake adopt the Conference Committee Report on House Bill 2967. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted who Wish? Have a11 voted who wish? Have a1l voted Who wish? Have a11 voted who Wish? Take the record. 0n that question, there are 58 Ayes, no Nays, none voting Present. Senate does adopt the Conference Committee Report on House Bill 2967, and the bill, havin: received 19  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT t 112th Legkslative Day June 29# 1998 I the required constitutional majority, is declared passed. 3-0-2-4. Senator Savickas. 3-0-5-1. Senator Berman. Madam Secretaryz please, House Bill 3-0-5-1.

First Conference Committee Report on House Bill 3-0-5-1.

Senator Berman.

Thank you, Mr. President and Ladies and'Gentlemen of the Senate. This Conferenee Committee Report is essentially what the bill was as it moved down the road. There Were some technical corrections that would require the eonference committee. It's a State Board of Education request to provide incentives for reorganization of districts, especially regarding the unit districts in -- for more effective delivery of services to children. Be glad to respond to any questions, and solicit -- I vote to concur...

Discussion? Any discussion? If not: the question is, shall the Senate adopt the Conference Committee Report on House Bill 3-0-5-1. Those in favor, vote Aye. Opposed, vote Nay. The votin: is open. A1l voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 55 Ayes, no Nays: none voting Present. The Senate does adopt the Conference Committee Report on House Bill 3-0-5-1, and the bill, having received the required constitutional majority, is declared passed. Senator Collins, on 3-0-5-8. Madam Secretary, please.

First Conference Committee Report on House Bill 3-0-5-8.

Senator Collins. 20  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29e 1990

Yes. Thank you, Mr. President and Members of the Senate. Conference Committee Report No. 1 on House Bill 3058 is a compromise worked out by the Department of Public Aid and the Illinois Coalition for the Homeless, and in the original bill there was some confusion as to whether or not this program was, in fact, a demonstration program or whether or not it Was an entitlement program. This amendment clarifies that, and it tightens up the language. It also limits the design and operation of the program to certain areas of the Statee rather than on th'e base criteria to -- developed by the Department of Public Aid. It delete Ehe languaqe which requlres an applicant to be reimbursed for expenditures under the needy family and children, and it has some other technical correctlons. I would be happy to answer any questions. If notz I would move for its adoption.

A11 right. The Lady has moved the adoption of the Conference Committee Report on House Bi1l 3-0-5-8. Discussion? Senator Smith. Further discussion? If not, the question isz shall 'the Senate adopt the Conference Committee Report on House Bill 3-0-5-8. Those in favor: vote Aye. Opposed, vote Nay. The voting's open. A1l voted Who Wish? Have a11 voted Who wish? Have a11 voted who wish? Take the record. On that question: there are 56 Ayes, no Naysy none voting Present. Senate does adopt the Conference Committee Report on House Bill 3-0-5-8, and the bill, having received the required constitutional majority, is declared passed. 3151. Senator Hawkinson -- I'm sorry. Senator Macdonald: for what purpose do you arise?

Mr. President, on that last vote, I did push my green button, and it did not function, and I would have been voting Yes on that last bill. It just did not register. 21 1 i  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legkslatkve Day June 29z 1990

The record will so reflect, and We dll have the electrician check it. On the Order of Conference Committee Reports, bottom of Page 1lg there's a report With respect to House Bill 3-1-5-1, Madam Secretary.

First Conference Committee Report on House Bill 3-1-5-1.

Senator Hawkinson.

Thank you, Mr. President. House Bill 3151 is a bill that will enable the sehool district in Peoria to comply legislatively with the Pederal Court order an agreement that entered into regarding how its Representatives on the school board are elected, and that part of the bill is not controversialz and neither is the the second part. The second part Was an amendmenk we added here in the -- in the Senate, and there were some technical difficulties that the State Board of Education had with that amendmenk. It has now been redrafted: and what the amendment does is it clarifies the Section so that life safety bonds Will not be construed to require a Eeferendum when they're lawfully issued. And also it clarifies - and this was the Section the State Board requested that life safety bond proceeds shall not be used to finish construetîon on any building that is begun With donated funds. I know of no opposition to the bill, and I would ask for the adoption of the Conference Committee Report to House Bill 3151.

The Genkleman has moved the adoption of the Conference Committee Report. Discussion? If not, the question is: shall the Senate adopt the Conference Committee Report on House Bill 3151. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. 22  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 A1l voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 55 Ayes, no Naysg none voting Present. The Senate does adopt the Conference Committee Report on House Bill 3151, and the billy having received the required constitutional majority, is declared passed. Top of Page l2, 3562. Senator Jones. Madam Secretary, please.

First Conference Committee Report on House Bill 3562.

Senator Jones.

Yeah . Thank you, Mr. President and Members of the Senate. I move the Senate adopt the First Conference Committee Report to House Bill 3562. The Conference Committee Report deleted that portion which there was objections to# and that is the clinical psychologists being placed on the Hospktal Licensin: Board. It -- it also contains the original bill Which allow -- permits hospitals to set up sick day care centers for children as well as the amendment we put on in the Senate to clarify the -- the EMS protocol when it relate to emergency treatment of persons coming to the hospital and to require the Department of Public Hea1th to set rules and requlations for this purpose, and I move the adoption of this Conference Committee Report.

The Gentleman has moved the adoption of the Conference CommikEee Report on 3562. Discussion? If not, Ehe question is, shall the Senate adopt the Conference Committee Report on House Bill 3562. Those in favor will vote Aye. Opposed, vote Nay. The voting's open. All voted Who Wish? Have all voted Who Wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 3562, and the 2a  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990 bill, having received the required constitutional majority, is declared passed. Senator Geo-Karis. 3-6-3-9, Madam Secretary, please.

First Conference Committee Report on House Bill 3-6-3-9.

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

Mr. President and Ladies and Gentlemen of the Senate, it was the unanimous agreement on *he Conferenee Committee Report. This keeps the original provisions cf the bill in and adds an immediate effective date, and it also provides for the plates for the retired -- for the Pearl Harbor survivors, and I move for concurrence .

PRESIDING OEFICER: (SENATOR DEMUZIO) A11 right. Dlscussion? Al1 right. Senator -- the questlon is, shall the Senate adopt the First Conference Committee Report on House Bill 3639. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted Who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 57, the Nays are none, none voting Present. The Senate does adopt the First Conference Committee Report on House Bill 3639, and the bill, having received the required constitutional majorityz is declared passed. 3771. Senator Holmberg. House Bill 3771, Madam Secretary.

First Conference Committee Report on House Bill 3771.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberg.

Thank you, Mr. President. This is the bill that provided day care centers in State agencies. We put it into a conference, 24  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 because we found there was an error - we amended the wrong chapter of the law . That's been corrected, and IId ask you, once again: to vote for this.

PRESIDING OFPICER: (SENATOR DEMUZIO) Is there discussion? If not: the question is# shall the Senate adopt the First Conference Committee Report on House Bill 3771. Those in favor Wi11 vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who wish? Have a1l voted who wish? Have al1 voted Who Wish? Take the record. On that question, the Ayes are 52, the Nays are 2, voting Present. The Senate does adopt the First Conference Committee Report on House Bill 3771, and the bill, having received the required constitutional majority: is declared passed. House <sic> Bill 1491. Senator Watson. Watson. 1532. Senator Jones. Senate Bill 1491. Is Senator Watson on the Floor? Senate Bill 1532. Senator Jones. Senate Bill 2190. Senator Marovitz. Senate Bill 2190, Madam Seeretary.

First Conference Committee Report on Senate Bill 2190.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Thank you very much, Mr. President, Members of the Senate. Senate Bill 2190 authorizes the creation of Expedited Child Support System ln indlvidual counties, circuits or multicircuit areas beginning July lst, 1991 - a year from now. It grants the Deparkment of Public Aid Ehe authori*y to establish a demonstration program in one or more counties with the nonfederal one-third share Eunded out of the State's Child Support Trust Fund. Nondemonstration counties may choose to implement the system; however the nonfederal share will be borne by the county. The system is applicable to a11 IV-D eases for the establishment 25  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 of parentage and for the establishment of modification and enforcement of child support obligations. Non-IV-D or private bar cases may make use of the systet at the discretion of the chief judqe, the county board and the individual parties. Speaifically, the chief judge may provide for the use of the system by Non-IV-D cases in the implementation plan. However, the county board - and I emphasize this the county board must have approprfated the funds for administrative expenses associated with the cases, and the plan may not require participationz and the plan must allow either party to opt out of the system . The Way this Will work -- the way this will work and the reason we need it... PRESIDING OFPICER: (SENATOR DEMUZIO) .. . pardon me, Senator Marovitz, pardon me. A1l right. Ladies and Gentlemen. Senator Marovitz. SENATOR MAROVITZ: Time guidelines are being set down by the Federal Government, and so we need to expedite child support as quickly as possible, and we are setting up these pilot programs in a couple counties to see how -- how it works, but - and I would make this very clear this pilot project will not be set up in any county where the county board does not approve the project. If the county board does nok approve the setting up, or does not want to participate in the pilot project, then they will not participate. The only counties that will be submitted to the Supreme Court for selection as pilot projects will be those tha: have been approved by *he county board, and I would sollcit your support for this Conference Committee Report. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Senator Hawkinson. SENATOR HAWKINSON: Thank you, Mr. President. Will the sponsor yield for a 26 @*'x. -  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 question?

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

Senator, on that last point of -- of legislative intent, just want to make that absolutely certain, because right now as I read the -- the Conference Committee Report, the chief judge of the circuit or of the county submits a plan. It is then approved by the Supreme Court. The bill then reads that it Will go into effect if money is appropriated by the county board. What I Want to make certain is that this isn't one of those situations where the county board feels thak now that a plan's been approved by the Supreme Coùrt they're in any way forced to appropriate. And just would like you to reiterate that -- that the county board not only has discretion in appropriating money, but they have discretion in whether to approve the plan for their county or their circuit.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Marovitz.

Thank you, Senator Hawkinson. Senator Hawkinson is absolutely correct. No county in the State of Illinois will participate in this project unless the county board of that county has approved participation in the project -- approved the fundin: and approved participation in the project. Otherwise, they will not parkicipate and cannot be selected by the Supreme Court.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, the question isz shall the Senate adopt the First Conference Committee Report on House Bill 2190. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted Who wish? Have a1l voted Who Wish? Have a11 voted who wish? Take the record. On that question, the Ayes 27  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 are 57# the Nays are none, none voting Present. The Senate does adopt the First Conference Committee Report on Senate Bill 2190, and the bill, having received the required constitutional majority, is declared passed. A11 right. With leave of the Body. we dll go back and pick up -- middle of Page 12, Senate Bill 1491: Madam Secretary.

First Conference Conmittee Report on Senate Bill 1491.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Thank you, Mr. President. appreciate you going back to that order of business. was over in the House. Senate Bill 1491 Will repeal the ATV - All Terrain Vehicle Act, and this this legislation you've all heard before here. passed here, think it Was 58 to nothing, and then got held up in the House due to a House amendment we didn't eoncur with, which uas a registration fee for ATVS to establish off-track Eracks for ATVS throughout the State. So we didn't concur with that, so thatls no longer a part of the legislation. But there was one amendment in which we did concur with, and that Was to allow for ATVS to have some access to Shawnee National Forest Trails. I know of no opposition. Be glad to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall the Senate adopt the First Conference Committee Report on SenaEe Bill 1491. Those in favor will voke Aye. Those opposed, Nay. The voking ls open. Have all voted Who wish? Have al1 voted Who Wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 57, the Nays are -- are 1, none voting Present. The Senate does adopt the First Conference Committee Report on Senate Bill 1491, and the bill, having received the required constitutional majority, is 28  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 declared passed. Senate Bill 1532, Madam Secretary.

First Conference Committee Report on Senate Bill 1532.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Jones.

Yeah. Thank you, Mr. President and Members of the Senate. The First Conference Committee Report I move the Senate adopt, and what the Conference Committee Report does is clean up the Licensing Act for the clinical psychologists, and we made some changes in the Act to clarify its intent. Also, some of the changes as relate to -- under that Act is to modify the terms ''satisfactory supervised experience'' to clarify the provisions in the bill relating to the satisfactory supervised experience -- not to apply to those persons who are grandfathered in under this Act. It -- ik cleans up the Cosmetology Act and also it contains the -- a immediate effective date for the -- the Realtors Continuing Ed legislation which is currently on the Governor's Desk, and I move the adoption of the Conference Committee Report.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall the Senate adopt the First Conference Committee Report on Senate Bill 1532. Those in favor will vote Aye. Those opposed, Nay. The votkng ks open. Eave a1l voted who wish? Have a11 voted who Wish? Have a11 voted who Wish? Take the record. On that question, the Ayes are 58# the Nays are none, none votinq Present. The Senate does adopt the First Conference Committee Report on Senate Bi11 1532, and the bill, having received the required constitutional majority, is declared passed. Senate Bill 2222, Madam no, out of the record. 2253. Senate Bill 2253, Madam Secretary.

29  1 ! STATE OF ILLINOIS 86th GENERAL ASSEMBLX I REGULAR SESSION I ' SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 i Pirst Conference Committee Report on Senate Bill 2253.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. Senate Bill 2253 does several things. It amends various Acts and creates the Solid Waste Site Operator Certification Law concerning State waste plans, toxic pollution prevention and several other plans. What *he bill also contains is Senate Bill 2068 from Senator Jerry Joyce; Senate Bi11 2102 Senator Kustra; Senate Bill 2087 - Senator Mahar, and House Bill 3815 - Senator Macdonald. What the bill also will do is create a municipal waste incineration operaking standard adding emissions and waste acceptable for incineration. Requires that certain tipping fees be applied to new incinerators after July of 1990. Creates Municipal Waste Incinerator Tax Fund to fund public information programs for recycling in communities served by incinerators and to fund household hazardous Waste collection activities. This bill affects municipal incinerators, not hazardous waste incinerakors, as we dealt with that last week When we passed a moratorium on the Bedford Park and other hazardous waste incinerators. So we're just dealing -- dealing with municipal incinerators in this bill. The incinerator standards were developed after negotiations took place between the industry including waste management, Laidlaw, Browning-Ferris, Wheelabrator - the maker of incinerators, Solid Waste Management Association, Environmental Council Representatives. The standards are designed to ensure that strict safety requirements are met and constant direct monitoring is available. What we have requested is that a monitor be see up directly with the EPA so that they can continuously monitor the fumes or temperature of the incinerakor to make sure that there are no violations of law. Incinerators would not be allowed to accept Waste from municipalities that have 30  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULRR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 not implemented recycling as a part -- as part of a countywide plan. In addition, there will be limitations on emissions of heavy metals, as developed by the Environmental Protection Agency . What we added to the bill was an adminlstration bill - Senate Bill 2087 - requiring a11 State agencies: officers, universities and tbe General Assembly to adopt and implement State waste reduction programs. We also added Senate Bill 2102 - specifying factors of record which the Pollution Control Board may consider in setting penalties for various violations. Wedve also included a requirement the Environmental -- the -- excuse me, the Energy and Natural Resources Agency develop a program to encourage the recycling of telephone directories and the printing of telephone directories on recycled paper. It also encourages directory distributors to collect outdated directories as they distribute the new ones. We 've also added Senate Amendment 1 from Hause Bill 3815, which establishes alternative requirements for standards affecting the dizect discharge of silt into tbe Mississippi or the Ohio River. I1d be glad to try to answer any questions.

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

Well, thank you, Mr. President and Members of the Senate. I -- I hope that wedre al1 paying attention to What is certainly qoing to be one of the most important pieces of environmental legislation we consider this Session. I hesitate when I say environmental legislation, because I'm not so sure just how far this bill goes to address environmental concerns . I find it difficult to rise asking you to reject the Conference Committee Report which contains one of my bills, but there is so much in here and there are some specific provisions which create so many problems tbat I -- I would hope those of you -- Would look at them very carefully. First of all, I would call your attention to the 31  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 new tipping fee provision of this bill. It's interesting that we are kmposing a Stakewide tippin: fee on incinerators now across the State: and we're going to take those feesz under the terms of this bill, and ereate the Municipal Waste Incinerator Tax Fund, and then that fund is to provide monies for recycling and fundin: household hazardous waste collection activities and a number of very Worthwhile and important activities. The problem is that what Senator Welch has done with this particular bill is then turn right around and exempt out the City of Chicago and Robbins, and let's forget these city names. It isn't Robbins it's Redding Resources. That's the company building the incinerator in Robbins. So what wedre doing is giving a break to a company that is building an incinerator and exempting Chicago: al1 in one fell swoop . Which means, Ladies and Gentlemen, since there are no other incinerators on line right now for the next three years, there is no money for the Municipal Waste Incinerator Tax Fund under this particular piece of legislation. That's unfortunate, and if we're goin: to have a Statewide tipping fee, then let apply to a11 cities across the State of Illinois, and let's not take out our friends, and let's not take out people just because they happen to be in that particular business. I also have some problems with another Section that I think Senator Schaffer will object, but the fact is there's too much in this billy and buried in khis bill are special interest legislation Which ought not to be in here. And isn't an environmental bill, Senator Welch. don 't know how you can seand up, especially as a downseaeer representing your area of the State, and pretend that this is somehow looking after your people, when youfve allowed a Section of the bill to -- to escape, Whieh would have required people across the State, especially in the northern part of the State, to beqin keepinq track of the kinds of waste that is available and -- and going through these landfills and incinerators, and again 32  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 let Senator Schaffer speak to that, but would suggest, Ladies and Gentlemen, this is not the piece of legislation you want to put in your newsletters as the environmental bill of the year. It ain't it. It ought to be rejected, and we ought to come back with a piece of legislation that is more responsible and doesn't cave in to special interests .

PRESIDING OFEICER: (SENATOR DEMUZIO) Further discussion? Senator Schaffer.

Yeah . I'd have to cateqorize this as the cave-in bill of 1990. One of the things that I think We had agreed on - I thought there was a concensus, certainly on this side of the aisle and in both houses, and I thought on your side of the aisle - was a bill that would track where waste is coming from and Where it's going. The bill flew out of here, got tagged into this Conference Committee, and suddenly disappeared in the final hours, for reasons I don't understand. I don't know how we can set solid waste policy at this state without having any idea how much garbaqe is coming in. How much is going out? Who's generating it? Where is it going? How is it being processed? 1 mean, that Was the one thing that I think we should have accomplished this year if we did nothing else. Just to have the information so that future Sessions of the General Assembly could intelllgently address this problem . By caving in on that, we have doomed ourselves to f1y blind on the solid waste issue for the foreseeable fukure. I cannok lmagine why we don'k -- the landfills keep these records. Itis not a burden on them . They weren't that worked up about it. It Was just a matter of puttinq them al1 together to get us the information. Like I said, this is the environmental cave-in bill of 1990. Boy, what a -- What a wonderful response to Earth Day. Yeah, thanks a lot!

PRESIDING OFFICER: (SENATOR DEMUZIO) 33  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29z 1990 All right. Further discussion? Senator Macdonald.

Thank you, Mr. President. Very difficult to rise after the eloquent speeches of th'e tWo prior speakers. I Would like to say that this is a very complicated bill. I did sign the Conference Committee Report on this bill. There Was a 1ot of negotiation that went into it. There are a 1ot of administration bills that are also included in this billz and while there are some aspects of this bill that -- that are unacceptabler perhaps: to some of the Members on my side of the aislez I -- I don't think that I did cave in by signing this Conference Committee Report, and I think there are some very necessary and some very good components of this bill. So I guess everybody Will just have to vote the way they feel they have to vote on this piece of legislation.

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

Thank youz Mr. President. If I may, if Senator Welch could reply to Senator Kustra and Senator Schaffer's remarks, only because Ilve received a numerous amount of phone calls from the people from Mt. Greenwood and the Beverly area regarding the Robbins incineratory and their concerns about safeguards, and just Want to know if that's true - that We are excluding Robbins and the City of Chicago, in -- in trying to keep track of what's going on.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Well, Senator Raica, you'd never know there was an election this year and that Senator Kustra was running, would you? If he Would have read the billz he would have found out certain facts that are the truth, as opposed to his rhetoric. Number one, 34  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 I Robbins has already proposed building this facility. They have a Eknanckal plan kn place. We didndt...

PRESIDING OFFICER: (SENATOR DEMUZIO) Pardon me -- pardon me. Can we take our staff conferences off the Floor? Senator Welch.

The current landfill tipping fee is a dollar five a ton. If we added the dollar five a ton to the cost of the Robbins incinerator, what would have happened is -- would have been economically disadvantageous for them to issue the bonds to build the Robbins incinerator. Therefore, what we did was this: the money I'm going to collect from all of the other incinerators that are built after June 30th, wedre going to put in this fund, and the fund is goinq to do two things. But guess what? The same two thinqs we're going to collect the money to do with this fund, Ifm requiring Robbins to do and pay for it themselves. Boy, isn't that terrible? They dre going to have to separate waste. They 're going to have to educate the community and have a household hazardous waste plan that they pay for themselves in-house. What I wanted to do was to put a tax on everybody else building after this time, so that they know they're going to have to include these fees in any projections of revenue that they make when they build these, and that money will be captured, and it's going to be spent directly in the communities that tbey collect the waste from . So if you build an incinerator around Chicago, it's not qoing to come down to my area. With the money that you collect from the tax, youdre qoing to keep it in your own area. The people Who supply the garbager who pay the fee, are going to get the benefit of that fee, because the information stays in that area. Senator Schaffer accused me of -- of caving in? Senator Schaffer, of all people, you 're the one who took all the fees out of your bill that isn't in this bill. We had fees charged for 35  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29y 1990 transporters that you kanted to take out. Now, who caved in? Te wasn't me. It wasn't me, Senator Schaffer, and you know, kind of -- you know, it's kind of funny that bills are -- theydre either not hard enough on the environment, they're not tough enouqh on the environment, or theyfre too tough. Well, you know, we can never find a bill that you guys like, you know . Try voting for one of these once in a while, as Senator Joyce loves to say. And as far as exempting Chieago, what we did was this: there's one existinq incinerator in Chicago that's exempt; any other incinerator built in Chicago from July 1 forward, will be in the bill. They will have to pay the tax. That's another red herring . So it's it's a bill that's meant to give notice to anybody who builds an incinerator, that yes, you're going to pay a tax. When you decide if it's economically feasible, youdre going to know up front a dollar five a ton applies. It's the same fee that you apply to landfills. So we're going to treat then equal. But what's going to happen is both fees are going to sunset, because after khe five-year colleetion that we started on landfills to fund khe eounty waste management plants, those fees sunset. So we'll have to deal with fees. So, in effect, whak may end up happening is lf no incinerators are built in the next four years, there may not be any fees collected in this fund. So khat ends up happening is Robbins may be the only one Who has to comply With the requirement that they inform eheir cities khat supply the garbage that they have to separate it: they have to have separate household hazardous waste programs. So, in effect, it may get tougher on Robbins than anyone else.

PRESIDING OPFICER: (SENATOR DEMUZIO) Purther discussion? Senator Geo-Karis.

Will the sponsor yield for a question? PRESIDING OFFTCERJ (SENATOR DEMUZIO) 36  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslatkve Day June 29, 1990 Sponsor indicates he will yield. Senator Geo-Karks. SENATOR GEO-KARIS) At the present time, Senator Welch, the landfills do have to pay the tipping fees, and I understand from What youdve just said, if I'm eorrect, that after July 1, except for the exception that was made for the Robbins incinerator, that all the other incinerators will have to pay the tipping fees. Is that correct?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senaeor Welch.

Let me correct myself. Ikês January 1st, 1991, not July 1st, and it will apply -- itdll exempt Robbins and the one existing in Chicago that's been there for several years. SENATOR GEO-KARIS) But none other. Is that correct?

That's correct.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Welch. SENATOR WELCH; That's correct.

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

. .. and Ladies and Gentlemen of the Senate, one more question, if I may. This does not preclude the municipalitiesg if they have any programs, does :t?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Welch.

Not at all: Senator. No.

PRESIDING OFFICER: (SENATOR DEMUZIO) 37  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990 Senator Geo-Karis.

Mr. Presïdent and Ladies and Gentlemen of ehe Senater it's not easy to draft a bill with as many provision: as this one has without havin: some concerns, but I think we're headtng in the riqht direction with And I concur With Senator Maedonald: and speak in favor of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discusston? If noty Senator Schaffer, for a seeond time.

Wàthout trying to prolong the debate, I'm somewhat amused that ny Worthy colleague from Lasalle County would talk about the fees coming out of the bill, since they came out in his committee at the request of the committee, and it was the only Way the bill could move. think when arrived in khe committee it was obvious I was prepared to go forward with those. The other thing -- quite franklyy after you cut through a1l the rhetoric - Robbins and Chicago are exempted. End of discussion. You can put as much perfume on this pig as you want, and it's still a pig.

PRESIDING OFPICER: (SENATOR DEMUZIO) Purther diseussion? If not, Senator Welch may elose .

Well, Senator Schaffer, it'd be real easy to do nothing like we've been doin: for the last twenty years. 7ou know, I wasn't here when that incinerator was built in Chicago -- Chicaqo, but you were. I didn't see you do a darn thini baek then. Otherwisey We Wouldn't be here today with Senate Bill 2253. Maybe you should have thought of that. That bill in my commkttee that We took the fees out of - that was your blll. Why didn't you sayw ''Senators, don't do that. This is bad.'' I didn't hear this rhetoric then, in the committee. I heard the language of a person who was caving 38  STATE OF ILLINOIS 86th CENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 112th Legislatkve Day June 29, 1990 in and wanted to get the bill passed, Senaeor. That's what I heard. I heard cave-in lanquage. Now, because you couldn't get whak you wanted, you're accusing my bill of being deficient, so we can put back in your language that couldn't even get one Republican vote? Come onw Senator Schaffer, give us a break. This bill is an environmental bill. In fact, it's probably the only one we can get out, because the Chamber of Commerce has been tying up a11 bills coneerning recycling, concerning landfills, for a grandiose plan they have to site -- to site landfills and incinerators throughout the State. So this is something that we can be proud of as being responsible. It's the first time we've told incinerator operators they have to have standards. Tbey can'k just put anythkn: they want and burn it. So it comes down in your community. It's going to give the people around Robblns some idea of whak is qoing to happen in that area -- that their community might have a responsible operator. Itls going to give other people When incinerators are talked abouk by a11 these county landfill planning committees khen they talk about an incinerator, people aren't goinq to say. ''We1l, what's it going to burn? What's goins to happen? Who's going to pay?'' This bill is golng to provide some language that tells them what to expect. Isn 't that terrible? So when We :et through a1l of the speeches in an election year' what kt conel down to is this is an environmental bill. This is a bill that's going to help out. This is a bill that's going to give people some assurances. ltls soing to move us forward: senator, and I'm proud of the bill. think it's a damn good bill. It took a lot of work, and I think we should vote Aye.

PRESIDING OFFIOER: (SENATOR DEMUZIO) The question is, shall the Senate adopt ehe First Conference Committee Report on Senate Bil1 2222 Ksicl (2253). Those in favor will vote Aye. Those opposed: Nay. The voting is open. Have all 39  STATE 0F TLLINOIS 86th GZXERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 voted who Wksh? Have al1 voted Who wish? Rave a1l voted Who wish? Take the record. On that question, the Ayes are the Nays are l0, 4 voting Present. The Senate does adopt the First Conference Commlttee Report on Senate Bill 2222 <sic> (2253): and the bill, havin: received the required constitutional majorityz is declared passed. Senator Holmberg, for what purpose do you arise? SENATOR HOLMBERG: A point of personal privilege, Mr. President. PRESIDING OPFICER: (SENATOR DEMUZIO) Stake your -- state your point. SENATOR HOLMBERG: In the Senate qallery, We have the Mayor of Roekfordz Mayor Charles Box, down here watching what we do. PRESIDING OFPICER: (SENKTOR DEMUZIOJ Mayor Box, nice to have you to Springfield. 2253. Welch. That was the one we just had. 2267. Marovitz. 2267, Senate Bill, Madam Secretary. SECRSTARY HAWKER: Pirst Conference Committee Report on Senate Bill 2267. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz. SENATOR MAROVITZ: Thank you very much, Mr. Prestdent and Members of the Senate. This is the 'lhate crimesf' legislation. We passed this bill a few weeks ago 47 to 4. This bill -- this Conference Committee Report has already passed the House of Representatives. Similar to the bill slgned wàth great fanfare by President Bush. It's supported by the Cook County State's Attorney, and the Dupage County State's Attorneyy and the candldate for Attorney General on the Republican Party - Jim Ryan, Who sent a letter to everyone in support of this leqislation, as did Roland Burris and Neil Harti:an and Mayor Daley. It has bipartisan support. It sends a very loud message 40 k  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslative Day June 29, 1990 that We 're not qoing to tolerate certain types of conduct. We're not goinq to tolerate certain types of conduct that is directed to people because of their race, color, creed, reliqion, ancestryz sexual orientation: or physical or mental disability . And I think that's a statement that this General Assembly and this Body wants to send. That's why it passed 47 to 4. That's Why the House passed it. That's why the President of the United States signed it. And I see no rqason *hy any -- Why any of us shouldn't stand up and say, ''This kind of conduct is abhorrent, no matter who it's directed to. We're not going to condone that kind of conduct.'' This is the l'hate crimes'' bill, and would urge all of my colleagues to put green lights up there.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. There are a couple of things I did want to correct. This bill is not identical to the one signed by the President of the United States. There are some significant differences: but for Democrats, I want to stress first -- the provisions in this bill: in terms of sexual orientation, when it has been contested, has never passed the Senate wlth 30 votes. When this bill came back out of the House, 14 Demoerats did not support it. So that -- do not presume this is a unanimous Democrat position any more than it's a unanimous Republican position. The only time this bill, with these provisions in: has passed with a majority vote, is when many us in the Senate said, ''A1l right. Let's keep the proeess going. There are significant things in this bill we are interested in.'' And even people such as myself, who have been very concerned with the sexual orientation language, voted for the bill, saying, ''All righk. Lee's keep the process going.'l It was asked of the conferees to -- hey, there's only one big 41  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 controverskal positkon. The civil penaltkes have been taken out. Let's deal with the one controversial one. You should note, if you have a copy of the conference committee, there are only six signatories. And do say with a little kidding, if you Were to pick the three most liberal members of the House, you would notice those were the three who had signed. And if you were to pick the three most liberal Members of the Senate, you Would notice that that's who had slgned The more moderate Members of the Democrat Party have never had a chance of input in this bill. So I would stress to Demoerats -- in the Housez fourteen Democrats did not support and the provisions of this bill, when contested, have never had a majority vote. I supported the bill on 3rd -- 3rd Reading myself, 'cause wanted the dlalogue to continue. would ask each of you to ask forget whether the Mayor of Chicago or the State's Attorney of Cook County wants this bill. Do your constituents -- do your constituents feel that being -- that your sexual orientation is no different than being handicappedz or being Catholicz or being nale or female? That's the question you have to ask yourself if that's what your constituents believe. I personally do not intend to support the bill in this present form, but would gladly support the bill with that provision taken out.

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Further discussion? Senator Geo-Karis.

Well, Mr. presiden: and Ladies and GenElemen of the senate, was one of the people on the Conference Committee Reporty and never was consulted. It was never even brought to me for signature or what have you. Now: if thatls the way to do business, I think that's wrong. I am in the same position as Senakor Keats. I voted for it originally, hoping there'd be more more dialogue with the House on but I had some concerns. 42  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 1 feel that this bill should be rejected in its present formy and that amendment should be removed. I donlt think We should go so far as start defining sexual orientation. What are we going to drive at? What is the normal course of conduct? I mean, What are we going to produce, and what are We going to encourage? I think we have to think about it. I have very much mixed emotions, and I feel that I cannot support the bill in its present form. PRESIDING OFFICERJ (SENATOR DEMUZIO) Further discussion? Senator Barkhausen. SENATOR BARKHAUSEN: Mr. President and Members: I Want to rise to follow some of Ehe comments of my colleagues - Senator Keats and Senator Geo-Earis. I supported tbis bill the first time around, too. 1, too: was on the Conference Committee and Was not asked to sign it. Having looked at the bill and -- and the definition of sexual orientation, which I did not have a chance to do the first time the bill was debatedy I must say that I am concerned about the manner in which the definition seems to put into the same category homosexuality, bisexuality and heterosexuality. I would be happy to support a version of a bill that -- that makes it a crime or provides for some sort of special provision for crimes against those Who are bomosexual because they are homosexual. However, 1 am kroubled by -- by a definition that seems to equate homosexuality and heterosexuality. I am not sure whether -- whekher or not this is the same sort of definition that may be in Federal legislation, but until that definition is chansed, I would . urge at least a Present vote on this Conference Committee. PRESIDENT ROCEJ A11 right. The Gentleman has moved the adoption of the Conference Committee. Further discussion? Senator DeAngells. Senator Hawkinson, please. SENATOR DeANGELIS: 43  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Thank you, Mr. President. Well, I'm interested in the dialogue that's going on, but 1et me point out to whoever's saying it. This bill is identical to the bill that Went out previously. Now, if there's some justkfication for saying Yes the first time, and No the second time, that's fine, but I don't khink we ought to turn around and try to act that ' this bill right now is any different or that your thoughts were different the firsk time when you voted Yes. I don't know What could have occurred in between to make you change your mind. You're either a Yes or you're a No .

Purther discussion? Further discussion? Senator Keats.

I would not have risen a second time, but my learned eolleague has raised a point that needs to be corrected. And one other point I Would quickly add. Remember, when the House voted on the sexual orientation provision: they took it out of the bill. This was put back in clearly against the will of the majority of the Members of the House, and frankly, had they been able to vote on a clean bill, this would not have been in there. The Housey by majority, took out this provision. would correct my learned colleague by stressing -- you say this is the same bill that went out the first time. You know - and youdve been here only two years less than I have - that often we wkll send a Senate Bill to the House or a House Bi11 to the Senate Lhat we feel needs further work, but you don't want to stop it at the first Chamber knowing perfecEly well there needs to be more work. To somehow allege that those of us who opposed the bill the first time and then rose to support the bill the second time -- to somehow say that you don't understand our concern for a bâll that had many parts -- several which are good, and to say: ''Why would you support it once and not the second time?'' -- pleasez youdve been here long enough to know better than that. There is one provision, you take it 44  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ll2kh Leqislative Day June 29, 1990 out, the bill flies: and we a1l agree.

Senator DeAngelis indicates he got the message. Further discussion? Senator Marovitz, to close.

Well, thank you very much, Mr. President. I really can't underskand some of my colleagues on the other side saying that, you know, this bill didn't pass here with a majority. Last year this bill passed this Body, With this provision in it, 58 to nothing. This Session it passed 47 to 4. It passed the lllinois House of Representatives two days ago. They knew what was in this bill. There's been no secret what's in this leqislation. Let me read you juse ewo -- *wo sentences from the Dupage Counky Stake's Attorney, Jim Ryan. ''Many crimes including violent crimes tend to be committed on the spur of the moment in uncontrolled anger. While these emotional responses to circumstances can never be condoned, they can be understood. However, the commission of hate crimes involves the premeditated and conscious choice by a perpetrator to translate his personal prejudice into violent attacks, intending to punish another citizen for the conditions of that vkctimfs life. That conduct is beyond understanding and is intolerable. I'm writing to express my support of Senate Bill 2-2-6-7 regarding hate crimes.ff Ladies and Gentlemen, I think we need to make a statement. We made kt twice before in this Body, and I can't understand why anybody, in the course of a few days: would ahange Eheir mind on a statement thaE we made loud and clear the House has made, and we've made twice. If prejudice and discrimination is abhorrent, it's abhorrent in a1l forms. That's what the Hhate crimes'' bill is about: and that's what an Aye vote will mean.

The question shall the Senate adopt the Conference 45  STATE OF ILLINOIS t 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I i 112th Legislative Day June 29, 1990 t Committee Report on Senate Bill 2267. Those in favor will vote I A I ye. Opposed, vote Nay. The votin: is open. Have al1 voted who Wish? Have al1 voted Who Wish? Have al1 voted who wish? Have t al1votedwhoWish? Taketherecord. Onthatquestion,thereare 1 32 Ayes? 13 Nays, 8 voting Present. The Senate does adopt the Conference Committee Report on... END 0P TAPE TAPE 2

o.. senate Bill 2267, and the bill, having received the required constitutional majority, is declared passed. Senator Keatsg for what purpose do you seek recognition? SENATOR KEATSI Verification.

The Gentleman has asked for a verificaeion. That request is in order. The Gentleman has -- Senator Keats has requested a verification, Madam Secretary. Wi11 the Members be in their seats. Read khe affirmative roll, Madam Secretary, please.

The following Members voted in the affirmative: Alexander, Berman, Brookins, Carroll, Colkins, Daley, D lArco, Davidson, DeAngelis: del Valle, Dudycz, Thomas Dunn, Frkedland, Hall, Hawkinson: Holmbergz Jonesz J.E. Joycer J.J. Joyee: Kelly, Kustra, Lechowicz, Marovitzz Netsch, Newhouse, Raica. Savickas, Severns: Smith, Topinka, Zito and Mr. President.

Senator Keats, do you question the presence of any Member? He 46  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 does not. The roll has been verified. On that question, there l are 32 Ayesr 13 Nays, and the Senate does adopt the Conference Committee Report on Senate Bill 2267, and the bill, havin: ! recekved the required constktutional majorkty, is declared passed. All right. Ladies and Gentlemen, so there's no -- so there's no magicz 1et me tell you What the schedule is a11 about. We're going to go back now to the Order of Secretary's Desk, Concurrence, and Secretary's Desk, Non-concurrence. There will later be a -- obviously a Supplemental Calendar, which will contain Conference Committee Reports which have just recently been filed. Once we conclude With Concurrence and Non-concurrence, Senator Philip has indicated the Republicans wish to have a caucus. We will then take a break, but we Will go through the Calendar. So I Would urge those of you who have something on the Calendar, this is the moment. Senator Maitland, for what purpose do you arise, sir?

Thank you very much, Mr. President and Members of the Senate. I have introduced -- Senate Resolution 1277, which calls upon the Illinois State Senate to support the work of a11 persons dedicated to the March for Children in Washingtonz D.C. later -- later this summer. I would -- this -- this resolution now resides in the Executive Committee, and I Would like to ask if the -- move that the Senate suspend the appropriate rules and ask for the immediate consideration of Senate Resolution 1277.

A11 right. The Gentleman has asked leave to go to the Order of Motions in Writing for the purpose of discharging Senate Resolution 1277 from further consideration by the Executive CommitEee, and asks for lts immediate adoption. All in favor of the Motion to Suspend, indicate by saying Aye. All opposed. The Ayes have it. The rules are suspended. Senator Maitland now I 47  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29y 1990 moves that the Committee on Executive be discharged from further consideration of Senate Resolution 1277, and that it be immediately considered. Al1 in favor of that motion, indicate by sayinq Aye. Al1 opposed. The Ayes have The motion carries. Senator Maitland now moves the adoption of Senate Resolution 1277. Discussion? If not, a1l in favor, indicate by sayin: Aye. opposed. The Ayes have The resolution is adopted. We are now going to move to Page 10 on the Calendar, Ladies and Gentlemen. My guess is this may well be the last time through this order of business. So those of you who have a bill on the Order of Secretary's Desk, Concurrence, now is the time. On the Order of Secretary's Desk, Concurrencez is Senate Bk11 100. Senator zito . Madam Secretary, please.

House Amendment No. 4 to Senate Bill 100.

Senator Zito.

Yes. Thank you, Mr. President and Members. I move that the Senate do concur in House Amendment No. 4 to Senate Bill 100. Senate Bill 100 certainly is not unfamiliar subject matter to any Member of this Chamber. It deals with the important subject matter of Illinois banks being allowed to sell insurance. We debated that issue several weeks ago in this Chamber. The House debated it at the same time. It did pass both Chambers, and appreciaEe *he support that this leglslation has received. House Amendment No. 4 was adopted in the House to, I think, address two very important sections of the bill. Number one, it changed the effective date to July 1, 1990, which was crucial to the legislative direction of the bill. The other important part of Amendment No. 4, however, was - to my belief - was to help with the argument from opposition of this bill that banks in some way, 48  ; STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l12Eh Legislative Day June 29: 1990 given this power, would coerce individuals, customers, our constituents, into buying insurance. So quite simply, and I think admirably, the amendment was adopted in order for a bank subsidiary to engage in the insurance business: but that it must employ indivkduals who are licensed as insurance brokers, and do the following: Number one, acquire a registered firm; or, number two, acquire a reqistered or licensed producer - a11 or part of its insurance business; and number three, enter into an agreement with a registered firm or a licensed insurance producerz so that we didn't have the argument of banks going outz starting their own insurance brokers and insurance businesses, want to afford the industry to provide that service. I would like to be able to answer any questions on Amendment No. 4, but I'd remind my colleagues that this Was debated once before, and if they can confine their comments to the amendment, I would appreciate it.

All right. The Gentleman has moved concurrence in House Amendment No. 4 to Senate Bill 100. Discussion? Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate: We gave the savings and loan institutions the right to sell insurance, and you know what happened to them. Banks sbould be in the business of banking. J. Pierpont Morgan made money being a banker. He didn't sell insurance in his bank. And then When I hear that there 's noehinq wronq with a bank sellinq insurance -- ye gods - the banks have it each way. I have checked it out myself. For instance, they have the right now to sell credit life insurance on mortgages. I found out in my area the banks charqe about forty percent more in the premiums than the independent insurance agents do. Another point: isn't it wise to 1et the independent insurance agents exist? They 're the small business people. I know that 49  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 b0th labor and business people are not in favor of this. I ean quote from Local 881, the United Pood and Commercial Workers International Union, stating very strongly their opposition against this bill. The banks will -- have -- will be awarded an unfair competitive advantage, and don't tell me that they Won't use their little advantage to the -- to the bank's credit. The banks have enough to do if they do a good job. I'm not satisfied that they should have this rlght to sell insurance, and I strongly oppose it. I might tell you that the National Federation of Business People oppose also. So we have both labor and buslness oppo:ing this bill, 'cause I think lt's a vlolation of the free enterprise system. I'm not speaking in favor of the insurance companies. speak in favor of the small business people: the independent insurance agents: with whom you deal directly and with whom you can consulty and I do feel that it's wrong to have a monopoly with a bank and everythinq. And I oppose this bill.

Further discussion? Senator Schuneman. dENATOR SCHUNEMAN: Thank you, Mr. President and Members of the Senate. think since this bill was considered earlier by the Senatez several Members have rethought their position on this issue, and if the vote counters are correct, this motion will fail. I think the reason is that there has become a real concern as to khether or no* khis bill would allow fair competition. Insurance agents around the State - and I am onee and I have a conflict of interest in this bill, and I should announce that - but insurance agents around thts State have been accustomed to intense competition in their business. So they're not objecting to competition, as long as it is fair. The problem is that banks already have insurance agency customer information. They 've got copies of the loans. 50  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990 Theylve qot copies of insurance policies. They have ready-made solicitation lists that other insurance competitors don't have. So there has always been that main objection on the insurance agent's part that somehoW this information that's already in the bank records will get to the bank-owned insurance agency. Now the banks have agreed to put in this bill language that they say protects against that. Insurance #gents aren't convinced. They don't believe that it -- that it provides the protection that's needed. There's nothing in this bill that says, for example, that if a bank-owned agent Would solicit from the customer files that that agent would lose his license. Nothing in here says that. It doesn't address those issues in the Insurance Code. I think what we should do with this bill is make sure it stays in the State Senate, and for that reason, Mr. President, I have filed another motion on this bill, which is to non-concur with this amendment, and I will then be arquing against my own motion, because I believe We should make sure that this bill stays in the State Senate, so we ean continue to work on it and continue to debate this issue. So I would at this time, Mr. President, ask that if this motion fails, that you then recoqnize my motion, and I'm sure that I would have a number of other people join With me in that motion, and I would ask for a -- a motion to -- to non-concur and that there be a roll call on that motion.

Well, we will deal with that at the appropriate time. As is the cusEom, and rule, and EradiEion, the sponsor has first erack at these motions, and the Gentleman has made a Motion to Concur with House Amendment No. 4. On the Motion to Concur, further discussion? Senator Daley.

Thank you, Mr. President and Members of the Senate. 1: tooy would like to - for the reeord - state that I miqht have a 51  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 conflict. I do have an insurance license.

Further discussion? Senator Dunn.

Thank you, Mr. President. I may have a conflict, and intend to vote my conscience.

Further discussion? Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate, - - I would like to limit my comments to the anendment, but since Senator Geo-Karis has opened it up, I think the comparison with the savings and loans industry is unfortunatez for the simple reason that it is an unregulated industry, and I think the problem there Was no one Was watching the store. On the contrary, banking remains one of the most strongly regulated industries in the State of Illinois, and there are numerous people watching the store. When we allow everyone else to be able to sell insurance with no problems in the State - other states have done this as well, with no complaints - none filed at a1l - and we go into the future now facing interstate banking and interglobal financial competition, it's only fair that we allow our banks to compete unimpeded. It's a good bill. I think we've discussed Ifm not going to carry this on any longer: but I would like to see some support for this bill, so indeed it does go out and allow our banking community to be competitive.

Further discussion? Senator Ralph Dunn.

Thank you, Mr. President. I'd like to announce that also have a conflict of interest on this bill, but I'm going to VOLO my consclence. Thank you. 52 : ' STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990 PRESIDENT ROCK: Further discussion? Senator Collins. SENATOR COLLINS: Yes. Thank you. One of the speakers indicated -- talked about regulations in terms of the banks, but I think the biggest problems here and with this bill is what we have promoted around here and talked about in the State of Illinois as relates to insurance, and that's open competition. This bill, in effect, provides the bank with a sort of sheltered market, and if we have no requlations, actually then, we say that we leave up to competition in the State of Illinois - Whieh is the only State without requlations for insurancey speeifically automobile insurance - then we're not promoting fair competition by passing khis particular bill. So if we, in factr would regulate the insurance industry in Illinois, then I Wouldn't have any problems with dealing with this bill. Because We are based on a fair cpen competition system, then this bill is unfair to the small insurance agents, because they are not able to compete. When I go to the bank to get a loan for my car: then they write my insurance, or when I :et a mortgaqe for my house, then they write my insurance. Because IIm not going to go anyplace else when I go to get my mortgaqe or a loan for my car - right then and there I'm gokng to take out my knsurance, rather than go on to another agent in my district or -- or a small agent to write my insurance. That's what it's all about - open and fair competition. This bill does not allow for that. Under the circumstances, that we have no controls or regulation for insurance in the State of Illinois and ehe only state in the nation. Therefore, I would have to oppose the bill. PRESIDENT ROCK: A1l right. The Gentleman has moved concurrence in Amendment No. 4. Further discussion? Senator Rea. 53  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslative Day June 29, 1990 SENATOR REA: Thank you, Mr. President. I may have a conflick of interest, but will vote my conscience. PRESIDENT ROCK: Al1 right. The Gentleman has moved concurrence. Further discussion? If not, Senator Zito, to close. SENATOR ZITO: Well, thank you, Mr. President and Members. It's interesting - - I really wasn't going to get into this. I really was not goin: to get into this, but it's interesting to hear the opposition say - - preach about unfairness and inequities in the legislation. You know, when Senator Keats and when I became chairman of the Finance Committee four years ago, along with our minority spokesperson, Senator Keats, we made a commitment to each other that we were going to attempt to move the financial institutions of this State in the forefront of the national financial picture. Illinois deserves to be the forefront. We're centrally geographically located. We have good, strong finaneial institutions, and we should be there. We shouldn't have to defer to New York, California, Delaware, Arkansas, With their credit card operations - we should have it here in Illinois. And to hear opposition say that this bill isz in fact, unfair, inequitable, is ridiculous. Savings and loans in Illinois currently sell insurance. Credit unions offer insurance. If we 're going to be serious about helping consumers and helping the financial picture in this StaEe, then agree with Senator Keats and I Ehat everybody - every financial institution in this State - should be in a fair -- have a fair basis and a fatr operation. Do What you want wkth this. This is a good piece of legislation, and as the Chicago Tribune editorial this morninq said, ''We need this kind of reform.'' Please vote Yes. PRESIDENT ROCK: 54 ' .  ! STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 The question is, shall the Senate concur in House Amendment No. 4 to Senate Bill 100. Those in favor will vote Aye. Opposed, vote Nay, and the voting is open. Have a1l voted who wish? Have al1 voted who Wish? Have a1l voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 25 Ayes, 28 Nays, 3 voting Present. The Senate does not concur in House Amendment No. 4. The Gentleman requests that further consideration of this matter be postponed. So ordered. Senate Bill 1496. I'm sorry. Senator Schuneman. Senator Schuneman.

Mr. President, as I told you earlier, I have filed a Motion to Non-concur with the House amendment on Senate Bill 100, and previously asked that we take up that motion at this time. And I have...

... Wel1: except that the sponsor has asked that further consideration be postponed, and it will be postponed, probably until November, or December, or January. Senator Schuneman. If you non-concur, it's gokng back to the Housez and weire going to revisit this thing.

Only if the -- only if the motion fails, I think, Mr. President, or only if the motion succeeds.

You wish to make a motion that you wish to fail? Give me a break. EenaEor fchuneman.

Eas -- has the sponsor kndicated, Mr. President, that -- that this is goinq to be held until the fall? Is that -- is that. . .

... No. I am -- I am arbitrarily acting as the presiding officer. I gill make that judgment. This will not be considered 55  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29z 1990 again today. And I am going...

... That removes my objection, Mr. President...

.o. senator Philip and I are going home tonight. Whether you guys want to go is your own business. 1496. Senator Lechowicz. Madam Secretary, please.

Amendment No. l to Senate Bill 1496.

Senator Lechowicz.

Welly Mr. President, I'm sure that a11 of us want to join you and Senator Philip tonight. But in Senate Bill 1496, move that we do concur with the Conference Committee Report. It creates the Cook County Fair Association in Cook County. Menbership shall be appointed by the county board, and shall consist of a number, from seven to seventeen, determined by them. It permits the Association to receive State appropriations from the Fair and Exposition Autbority at a sum of ten cents per person, and adds an effective -- immediate date of effectiveness. The fundin: for the Association would total approximately five hundred thousand dollars. In Fiscal 991, the F and E's expected to receive million parimutuel money. is appropriated for the nine county fairs that currently receive funding from the Eair and Expositlon Fund, whlch are Dupage, Kane, Heart of Illinois, Peoria, McHenry, Peoria, St. Clair, Sangamon, Tazewell and Winnebago. So there'd be enough money left without any tax increase or any diversion of any funds in order to fund this bill, and I move for its total concurrence.

The Gentleman has moved the concurrence in House Amendment No. 56  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ll2kh Legislative Day June 29, 1990 l to Senate Bill 1496. Discussion? Senator Fawell.

Wil1 the sponsor yield for a question?

He indicates he Will yield, Senator Fawell.

Just a point of information. Is this -- is this the normal formula - ten cents per person?

Senator Lechowicz.

Senator Pawell, in answer to your question, downstate receives forty-five cents per person. Under the funding mechanism of thisz it would be ten cents for Cook County.

Discussion? Senator Geo-Karis.

Will the sponsor yield for a question?

He indicates he Will yield, Senator Geo-Karis.

Senator, does this bill affect Lake County, or is it just in your county?

Senator Lechowicz.

It does not affect Lake County at a11 - strictly Cook County.

Further discussion? Senator Woodyard.

Thank you, Mr. President and Members of the Senate. Well, jusk for some clarification. Several weeks ago - really, I quess' 57  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 112th Legislative Day June 29z 1990 ! maybe startknq least year - discussions were were initiated when it became evident that there were some folks that wanted a county fair in Cook County. The County Fair Association of the State of l Illinois agreed to support that request if we could :et some supportforfullfunding-theformula full funding for county fairs in downstate Illinois. Well, Ladies and Gentlemen of the j Senate, we did not get the full funding, which is about the same amount of money coming out of the Fair and Expos that Senator Lechowkcz had in the DCCA budget. So we are establishàng a neW county fair in Cook County, and We in downstate Illinois are not even able to fund our full formula funding that We passed in this Body about five years ago.

I'm sorry. Further discussion? Senator Davidson.

Question -- a question of the sponsor.

The sponsor indlcates he Will yield, Senator Davidson.

Just for legislative intent, did you say that the present county fairs that receive funding under the Fair and Exposition I Fund are not going to be reduced by this becoming a 1aW?

Senator Lechowicz.

Tbank you. Absolutely correct, Senator Davidson. Let me just point out to you that in Fiscal '91, the Fair and Exposition Fund is expected to receive l.7 million dollars in parimutuel money. l.2 is appropriated for the nine counky fairs that currently receive funding from that Fund - Dupage, Kane, Heart of Illinois Peoria, McHenry, Peoria, St. Clair, Sangamon, Tazewell and Winnebaqo. They will not be affected one penny. Let me also 58  STATE OF ILLINOIS I 86th GENERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 point out to you that, in answer to Senator Woodyard 's concern, I the approximately five-hundred-thousand-dollar balance forecast in the -- in this Fund -- Pair and Exposition Fund: which covers the share that the Cook County Fair would receive under this bill in the past -- this balance has been transferred to the Ag Premium Fund to help fully Eund the other county fairs. However, this year the funding from the two State fairs is being moved from the Ag Premium Fund to the General Revenue Fund. This, combined with the fact that other products have similarly been removed from the Agriculture Premium Fund the past few Sessions, would enable the Ag Premium to fund other county fairs Without a transfer from any other fund. That's the answer to your question, Senator. Let me point out...tmachine cutoffl..olet me point out to the Membership that four of the seven tracks are in Cook County. Of the revenues that are raised in Cook County, it amounts to l.2 million out of l.7 million dollars. We're not changing anybody's funding formula. We're saying that the downstaters get forty-five cents per person. Cook County's asking for ten cenks: which is the remainder of that fund.

Senator Davidson.

A follow-up question, please.

ïes. The sponsor indicates he will yieldr Senator Davidson.

You spoke about Fiscal '91, wbich begins Sunday. What about Fiscal .927 Would the fundin: Eor the seven ol eleven counties you read off which participate in the Fair and Exposition Funds - would they be affected in relation to their funding for the coming year - in Fiseal ,927 PRESIDENT ROCK: : 59  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Senator Lechowicz.

Hopefully, Mr. President and Ladies and Gentlemen of the Senate, we would have the full funding, as Senator Woodyard pointed out. He'd have my full support, and I'm hopeful that this fund will increase in revenue, because Arlington Park Will be operating at a hundred percent, so more money should be coming into this fund, so no one should be hurt.

Senator Davkdson.

Well, you spoke to Senator Woodyard, but I didn 't hear an answer to my question about Fiscal 192. Will the county -- present counkies and their fairs, which are funded through the Fair and Exposition party will they be affected by this becoming 1aw in Fiscal 192?

Senator Lechowicz.

think Will probably be to their benefit.

Further discussion? Senator Weaver.

Well, thank -- thank you, Mr. President. I have some concerns, Senator LechoWicz, about the full fundin: of the doknstate fairs. Maybe witb the fundins of the Duouoin Fair and khe State fair out of General Revenue, that'll free up enough Ag Premium Funds to fully fund. Is that what youdre Etating to us?

Senator Lechowicz.

No. What Itm stating is that right noW we raise about 60  STATE OP ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 million dollars in this Fund from the tracks in the State. Four of the seven tracks are located in Cook County. They account for about seventy-five pereent of the revenue that goes into this Pund. My point is Arlington Park is not in -- in Fiscal l90 - the l.7 we're talking about - is not at a hundred-percent efficiency. I think this fund is going to be qreater next year because of the attendance at Arlington Park and the mutuels that are are wagered there.

Senator Weaver.

Well, through the years: sinee we started tinkering With the Ag Premium Fund, we've found that the county fairs end up on the short end. Years ago I think that we had an understanding that downstates would have their county fair, Cook County Would have Mccormick Place. Now wedve kind of gotten away and it's been juggled around, and funding sources have been changed, and I understand it. I'm not against Cook County having a fair, but certainly am concerned about fully funding downstate county fairs.

Further discussion? Senator Topinka.

Yes. Mr. Chairman -- Mr. President and Ladies and Gentlemen of the Senate, I would stand in support of this bill, because this is something that has not been done in Cook County for forty years. W9 have kids growing up who don't even know where their food supply comes from, because farms have just become so far away from us that even in talkin: to our local media, they have no idea what we do down here when we -- when we deal With agricultural issue: and agricultural bills and the fact thak Illinois ls a premier agricultural State. In my district alone, I have seen an --an emergence of 4-H Clubs, and this is something I never thought 61  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 I Would see happen, but already we have a 4-H Club in Western Springs; one that's in the process of being put together in Westchester; one that's being put toqether in Brookfield . I know Chbcago already has 4-H Clubs going; and Dupage County has 4-H Clubs gokng . Even in what are considered to be traditional, urban or suburban areas, where we haven't seen a farm for years. It's a good idea, and think it's something that brings us closer EogeEher in a very diverse State. So I Would encourage my colleagues on this side to support this, and let Cook County be a part of rural America, so we have a greatet understanding of what's going on throughout the State.

Eurther dkscussion? Senator Joyce.

Thank you, Mr. President. You know, I -- I tend to think that Cook County ought to have a fair. And for a 1ot of reasons, but number one, agricultural fairs are the show window to agriculture, and as the previous speaker just saidy what better place for agriculture to be exhibited than where the bigqest consumer market is in the State of Illinois, and that's Cook County in Chicago. So I think there ought to be one, buk I would -- and I'm going to support thls. And -- and for a lot of reasons, ve have many difficulties downstate With county fairs, and they're no* being fully funded. Well, We have so many -- every county -- nearly every county has a county fair. Now, the agricultural community across Ehe State has chanqed so much that many of those counties don't have any livestock anymore, and that's basically what a fair is to -- to exhibit livestock. So I think that -- that what we need to do is -- you know, and Ild -- I'd like to say that what we oughk to do is consolidate some of those counties and make a decent fair out of two or three counties, but I know how those fair boards go, and the parochialism that will be caused there. 62 I I STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 And they'll say that: you knowz I'm sellinq out to Cook County. But, you know, that's really what ought to be done, so my suggestion Would be that -- that yes, indeed, suppork khis: and -- but this -- we ought to form a -- some kind of a committee or task force to look at county fairs. And to come up with some -- some legitimate changes in our -- in our system how we fund these fairs, and I -- think that that just absolutely needs to be done. County fakrs were started when we farmed with -- with horses, and and those days have long gone. So I think the structure that we deal with county fairs ouqht to be looked at and perhaps we could come up with some chanqes that would help everyone. So, support the programz but I also think that we need to take a look at what -- hoW We're -- we dre dealing with this. PRESIDENT ROCK: All riqht. The Gentleman has moved the adoption of Amendment No. Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. have been asked by several Members from our side if therets a position, and although there isn't onez let me advise you that the Republican members of the Cook County Board are, in fact, in favor of this particular bill. Let me also point out to you somekhing that's relatively unknownz and that is that Cook County has the largest single Parm Bureau in the world - twenky-eight thousand members, And let me also advise you that although Cook County's very urbanized, I might point out ko you that South Holland, Illinois is the onion set capitol of the world. and when the Deyoung Warehouse burned down five years ago, that commodity market was shut down, because so much of that product was grown in our area. And I would also advise you when you go into your supermarkets, to look at the bag of spinach or the bag of carrots, and you will see that the person whodsz in 63  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 fact, raising that and distributin: it is DeYoung Brothers D-e-Y-o-u-n-g - Parms that I worked on when I Was ten years old -- the largest sinqle distributors and purveyors of vegetables in the entire United States. Cook County is not just an urban area, and I would advise support for this concurrence. PRESIDENT ROCK) Further discussion? Senator de1 Valle. SENATOR dEL VALLE: Point of personal privilege, Mr. President.

State your point, sir. SENATOR dEL VALLE: Yes. In the gallery, we have the Sterlinq, Illinois, Chapter of the Illinois Hispanic Democratic Councily 1ed by Mr. David Barajas. I want to welcome them to Springfield.

Will our guests please stand and be recognized? Welcome to Springfield. A11 riqht. The Gentleman has moved the adoption to concurrence in House Amendment No. 1. Further discussion? Senator Lechowicz, to close.

Thank you, Mr. President. 1'11 be very rather brief. I just want to thank everybody for the full discussion and support on this measure. As everyone probably realizes, I've always supported the State fairs throughout this State. I supported the funding for Duouoin. I supported the funding for our own greak StaEe fair. I think it's important that we realize that where the funds come from - and as Senator Joyce so eloquently pointed out, and where the consumers really live do deserve some recognition in the fact that, yes, agriculture is the number one product of the State of Illinois. We should be quike proud of that fact. But why can't the County of Cook in the Rosemont area: as was 64  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT . 112th Legislative Day June 29, 1990 requested by the county board, conduct a county fair? You lre l talking about three and a half million people thak would have the ability to participate. It would be a tremendous money fund raiser for this State - fund raiser for this worthwhile project. Let me just also point out that Mccormick Place and the fund between downstate State fairs and Mccormick Place. Mccormick Place -- 1.75 percent of the sales tax or forty-six percent aomes from Cook County. Fifty percent of the sixty percent hotel tax - two-thirds of it comes from Cook County. 1.67 million of horse racing taxes - seventy-five percent of it comes from Cook County. Where does that money go? Thirty-two million is for Mccormick Place. Ten million for tourism advertising in DCCA. Three million for convention and local tourism funds. Ten million dollars for conservation. So we get thirty-two million downstate, and the rest of the City qets twenty-three million or sixty-forty ratio . Basically the same ratio that is Eaised there. I think this is a fair bill. A fair bill that deserves a chance, and We passed yesterday the appropriation in Senator Schafferfs bill. I'm asking for your support in this bill now. I move for the concurrence on House Bill -- Senate Bill 1496.

Question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1496. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Al1 voted who Wish? Al1 voted who wish? Have al1 voted who wish? Have all voted who wish? Take *h9 record. On *ha: question, there are 36 Ayes, 17 Nays, l votinq Present. senate does coneur in House Amendment No . 1 to Senate Bill 1496, and the bill, having received the required constitutional majority: is declared passed. 1635. Senator Etheredge. 1676. Senator Berman. Madam Secretary, Senate Bill 1676.

I 65  SQATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Eouse Amendment No . to Senate Bill 1676. PRESIDENT ROCK) Senatot Betman.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill does two thinqs. They -- I move that we concur in House Amendment No. 1. The bill originally corrected a technical error dealing With the contracts of speeial ed directors. was a ED-RED request. The House Amendment No . 1 incorporated House Bill 3745 sponsored by Senator Barkhausen, whicb allows the electrie -- the electorate, by frontdoor referendum , to authorize an increase in either the educational purposes or CBM tax rate vhen tberets a aorrespondkng decrease in okher tax rate. I move the concurrence with House Amendment No. 1.

The Gentleman has moved concurrence in House Amendment No. l to Senate Bill 1676. Discussion? Senator Jacobs.

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

The sponsox kndkcates he will yielG, Senator Jacobs.

Senator Berman, is in this bill, do we reduce the retirement age from sixty to fifEy-five?

Senator Berman.

No. That's another bill.

Putther discussion? Senator Watson. 66  1 ! 1 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

ïes. A question of the sponsor: please.

The sponsor indicates he will yield, Senator Watson.

Thank you. Frontdoor or backdoor referendum on this?

Senator Berman.

It's frontdoor, and what is does is allows on the -- on the ballot that if youdre gaing to raise one rate you canz at the same time under the same propositions, same vote, decrease the other rate.

Further discussion? If not, the question is, shall the Senate concur in House Amendment No . to Senate Bill 1676. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who Wish? Have a11 voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 53 Ayes, l Naye none voting Present. Senate does concur in House Amendment No. l to Senate Bill 1676, and the bill, having received the required constitutional majorityz is declared passed. 1-8-4-3. Senator Demuzio. 2-0-6-7. Senator Luft. Madam Secretaryy please.

House Amendments 2 and 3 to Senake Bi11 2067.

Senator Luft.

Thank you...

... Representative Novak, ean you step aside, please? Senator 67  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 I Luft.

Thank you -- thank you, Mr. President. House Amendment No. l extends the TIP districts from ten years till twelve years, as the original bill provided that any real estate TIF district created prior to 1980 - which were twoz if I remember correctly - be exeended ten years. The House deeided to extend it twelve years. That was Amendment No. 1. Amendment No. 2 extended the date from 1-1-90 to 1-1-91 as the cutoff date for the thirty-five-year periody and Amendment No. 3 redefined l 'redevelopment project costs'' to expand the meaning of interest incurred by the developer. Interest is the interest on the money borrowed that could be paid back. I'd try to answer any questions; okherwise T would move that we concur in House Amendments 1, 2 and 3.

A11 right. The Gentleman has moved concurrence in House Amendments 1, 2 and 3 to Senate Bill 2-0-6-7. Discussion? Senator Netsch.

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

. .. The sponsor indkcates he wkll yield , Senator Netsch.

Thank you. On the third amendment, I believe it would be, Senator Luft, the redefining of I'redevelopment project coses'' Eo cover interest incurred by the developer. I had seen that language, I believe, on a conference committee report or something on a different bill. I think it Was not on this bill, and my recollection is that accordin: to the Department of Revenue, it was really not a new deflnition or an expansion, but a clarification of what they thought was the 1aw before that. 68  STATE OF ILLINOIS 1 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 That's a matter of some concern, because I think some of us - back when we had the major TIE redo - felt that the inclusion of the interest cost to the developer was not necessarily a great idea, and if you're expanding it, that would be a matter of some concern. Could you clarify that?

Senator Luft.

The only clarification that I can offer is that this amendment Was sponsored by Representative Currie. 0ur staff person explained it to me exactly the way that I explained it: and perhaps your definition is more accurate than mine.

Further discussion? Further discussion? If not, the question is: shall the Senate concur in House Amendments 1, 2 and 3 to Senate Bill 2-0-6-7. Those in favor will vote Aye. Opposed, vote Nay. The voting's open. A1l voted Who wish? Have all voted who Wish? Have a11 voted who Wish? Al1 voted who Wish? Take the record. On that question, there are 55 Ayes, l Nay, none voting Present. The Senate does concur in House Amendments 1, 2 and 3 to Senate Bill 2-0-6-7, and the bill, having received the required constitutional majorityz is declared passed. Senator Philip, on 2150. Madam Seeretary, please.

Héuse Amendments 3, 4, 8, 10 and 11 to Senate Bill 2150.

Senator Philip.

Thank youy Mr. President and Ladies and Gentlemen of the Senate. I move the House -- the Senate do concur with House Amendments 3, 4, 8, 10, 11 to Senate Bill 2150, which is the emissions testing. I'm not exactly thrilled or happy of what we 1 . I 69  k STATE OP ILLINOIS 86th GENERAL ASSEM3LY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 have maybe agreed to, but 1111 tell you what it does. It provides for cars to be tested three, five: seven years, and allows competitive bidding to do the testinq. And includes al1 of Cook County, al1 of Dupage. It excludes the Eural areas of Will, Kane, Lake. The EPA ksn't thlklled wkth that: qukte flankly. They say they can live with As you knoW, Wefre under a court order which comes down, I believe, July 18th. 1111 be happy to ask any -- answer any questions. I would ask for your favorable consideration.

The Gentleman has moved concurrence with House Amendments 3, 4, 8, 10 and 11 to Senate Bill 2150. Discussion? If not: the question is, shall the Senate concur in House Amendments 4, 8, 10 and 11 to Senate Bill 2150. Those in favor will vote Aye . Opposed, vote Nay. The voting is open. Al1 voted who wish? Have al1 voted Nho wish? Have al1 voted who Wish? All voted who wish? Take the record. On that question, tbere are 44 Ayes, 7 Nays, 4 voting Present. Senate does concur in House Amendments 3, 4, 8, 10 and 11 to Senate Bill 2150, and the bill, having received the required constitutional majority, is declared passed. Senator Marovitz on the Floor? Message from the Governor.

A Message from the Governor by Stephen S. Selcke, Director of Legislative Affairs. Mr. President - The Governor directs me to 1ay before the :enate the followlng Message: To the Honorable Members of the Senate: Eighty-sixth General Assembly: I have nominated and appointed the following named persons to the offices enumerated belowe and respectfully ask concurrence in and confirmation of these appointments of your Honorable Body.

70  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 112th Leqislakive Day June 29, 1990 Committee on Executive Appointments. Resolutions.

Senate Resolution 1316 offered by Senator Zito. It is conqratulatory. PRESIDENT ROCRI Consent Calendar. All right. Senator Geo-Karise before we move to your request for a caucus, which certainly is in order, Senator Schaffer has a resolution; Senator Kelly has requested that We go to the Committee on Executive Report. Then We are going to break. The Republicans will indeed have a caucus. Senaeor Geo-Earis, for what purpose do you arise?

Mr. President, Ladies and Gentlemen of the Senate, I just Wanted to remind my Republican eolleagues that our caucus is at three o'clock this afternoon in Senator Philipls Office.

Hopefully, we'll -- hopefully, wedll be finished in time for your Caucus.

Thank you.

We're Working on it. Senator Watson, for What purpose do you arise, sir?

Thank you. A point of personal privileqe.

State your point, please.

Each year we have, of course, our annual Senate-House softball game, and we try to raise money for a particular cause. This year the money is going to go to the Mini O 'Beirne Crisis Center here in Springfield. And Mini O 'Beirne was a legislative aide to Mike 71  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Curran who unfortunately passed away, and they named this Crisis Center after her because of her work in the community that behalf. It's a nursing center for infants, and each year we 've asked each Member to contribute ten dollars towards that, and many of you have and some of you haven't. Those of you who haven dt , you can see Senator Kelly or myself to -- to help in, I believe: a very worthy cause. Thank you. PRESIDENT ROCKI A11 right. Committee reports, Madam Secretary . Senator Kelly .

Senator Kellyz Chairman of the Committee on Executive Appointments, Veterans Affairs and Administrakiony to which was referred the Governor's Messages qf May 3, 1990: June l2: 1990: June 19, 1990: June 26: l990-A; June 26, 1990-B; and June 28, 1990, and the Comptroller's Message of March 1990, reported the same back with the recommendation that the Senate advise and consent to the Collowing appointments.

Senator Kelly.

Thank you: Mr. President. I move that the Senate resolve itself into Exeeutive Session for the purpose of actin: on the Comptrollerfs appointments set forkh in his Message of March 2, 1990: and the Governor's appointments set forth in his Message of May 3, June l2, June 19r June 26-A and -B and June 28, 1990.

You heard the Gentlemanfs motion. Discussion? If not: a1l in favor, indicate by saying Aye. A1l opposed. The Ayes have The Senate is now in Executive Session. Senator Kelly.

Mr. President, with respeet to the Comptrollerds Message of 72  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 ! 1 M arch 2, 1990, I will read the unsalaried appointment to which the Senate Committee on Executive Appointmentsg Veterans Affairs and Administration recommend that the Senate do advise and consent: To -- to be a member of the Merit Commission for the Office of Comptroller for the term expiring January 15, 1996, John F. Whikney, Jr. of Chatham . . Mr. President, having read *he unsalaried appointment, I now seek leave to consider this appointment on one roll call, unless some Senator has an objection to this appointment. PRESIDENT ROCK: All right. You dve heard the Gentleman's request. Is leave granted? Leave is granted. Senator Kelly. SENATOR RELLY: Mr. President, Will you put the question as required by our rules? . PRESIDENT ROCK: Question is, shall the Senate advise and consent to the nomination just made. Those in favor, vote Aye. Opposedy vote Nay . The voting is open. Have al1 voted Who wish? Have a1l voked who wish? Have a11 voted who Wish? Take the record. On that question, there are 56 Ayesz no Nays, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the nomination just made. Senator 'elly. SENATOR KELLY: Thank you, Mr. PresidenE. With respeet to the Governords Message of May 3, 1990, I will read the salaried appointment Eo which the Senate Committee on Executive Appointments, Veterans Affairs and Administration recommend that the Senate do advise and consent: To be the Assistant Director of the Illinois Department of Revenue for a term expkring January 2l, 1991, Robert D. Steere of 73  STATE 0F ILLINQIS ' 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Rochesker. Mr. President, having read the salaried appointment, I now seek leave to consider this appointment on one roll call, unless some Senator has objections to this appointment.

All right. Youdve heard the request by Senator Kelly. Is leave granted? Leave is granted. Senator Kelly .

Mr. President, will you put the question as required by our rules?

The question isz does the Senate advise and consent to the nomination just made? Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Al1 voted Who Wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 57 Ayes, no Nays: none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the nominaeion jusk made. Senator Kelly.

Mr. President, with respect to the Governor's Message of May 3rd, 1990, I will read the unsalaried appointments to which the Senate Committee on Executive Appointments, Veterans Affairs and Administration recommend that the Senate do advise and consent: To be a member of the Illinois Department of the Illinois sports Facility Authority for a term expiring June 30e 1992, Joe Silverberg of Glencoe. To be a member of the Surface Mining Advisory Board for a term expiring August l0y 1992, Robert E. Dunker of Sidney. To be members of the Illinois Job Training Coordinating Council for terms expiring July 7, 1992, Wesley D. Broadway of Metropolis; Joseph P. Monaqhen of Palatlne; Robert T. Simpson,  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Jr., of Harvey; Glenda Arnett of Godfrey and Joseph R . Angleton of Pinckneyville. To be a Public Administrator and Public Guardian for a term expiring December 6, 1993, Lindsey E. Reese of Taylorville. Mr. President -- Mr. President, having read the unsalaried appointments, I now seek leave to consider this these appointments on one roll call, unless some Senator has objeetions to these appokntments.

All right. Youdve heard the request of the Gentleman. Is leave granted? Leave is granted. Senator Eelly .

Mr. President, will you put the question as required by our rules?

Question is, does the Senate advise and consent to the nominations just made. Those in favor will vote Aye. Opposed, vote Nay, and the voting is open. Have all voted who wish? Have a1l voted who wlsh? Have all voted who wish? Take the record. On that question, there are 53 Ayes, no Nays, none voting Present. A majority of the Senators elected concurrlng by record votez the Senate does advise and consent to the nominations just made. Senator Kelly.

Thank you, Mr. President. With respect to the Governor's Message of June 12Eh, 1990, I Will read the salaried appointments to which the Senate Committee on Executive Appointments, Veterans Affairs and Administration recommend that the Senate do advise and consent: To be a member of the Civil Service Commission for a term expiring March lz 1993: William G. Stratkon of Chicago. To be Chairman of the Illinois Education Labor Relations Board  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 for a term expiring February 1, 1994, Gerald Berendt of Evanston. To be a member of the Illinois Education Labor Relations Board for a term expiring February 1, 1996, Eugene Flynn of Philo. To be a member of the Prisoner Review Board for a term expirinq January 2l, 1991, Wllliam L. Harris of Marion. To be the Director of the Illinois Taxpayer Ombudsman for a term expiring January 15, 1996, Robert L. Mandeville of Springfield. Mr. President, having read the salaried appointments, I now seek leave to consider these appointments on one roll call, unless some Senator has objection to these appointments.

The Gentleman seeks leave to have those nominations on one roll call. Any objection? If not, leave is granted. Senator Kelly.

Mr. President, will you put the question as required by our rules?

The question is, does the Xenate advise and consent to the nominations just made. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who Wish? Have all voted who wish? Have all voted Who wish? Take the record. On that question, there are 56 Ayes, no Nays, none votinq Present. A majority of the Senators elected concurrinq by record vote, the EenaEe does advise and consent to the nominations just made. Senator Kelly.

Thank you, Mr. President. With respect to the Governor's Message of June 12, 1990, will read the unsalaried appointments to which the Senate Committee on Executive Appointments, Veterans Affairs and Administration recommend that the Senate do advise and 76  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29s 1990 consent: To be a member of the Board of Trustees of the East St. Louis Community College for a term expiring June 30# 1991, Norman E. Lefton of Edwardsville. To be a member of the Capital Development Board for a term expiring January 17# 1994, G. Raymond Becker of Peoria. To be a member of the Board of Trustees to the Illinois State Historic Preservation Agency for a term expiring January 20# 1992, Sally Schanbacher of Springfield. To be members of the Illinois State Banking Board for terms expiring December 3l, 1994, Gerald F. Fitzgerald, Jr. of Inverness; William C. Goochp Jr. of Elmhurst; Willard Bunn TIT of Springfield and Walter D. Fackler of Chicaqo. To be a member of the Prairie State 2000 Authority Board of Directors for a term expiring July 1, 1993, Jacob Rendleman of Carterville. To be Chairman of the Medical Disciplinary Board for a term expiring January ll, 1994, Karl Zimmer of Lincolnshire. To be a member of the Southwest Regional Port District Board for a term expiring June 30, 1992, Willie B. Nelson, of East St. Louis. To be a member of the Illinois Health Care Cost Containment Council for a term expiring September 5, 1993, Larry Lawler of Decatur. To be members of the Illinois Job Training Coordinating council for terms expirinq July 1, 1992, Jan Staggs of sprinqfield; Shirley R. Brussell of Chicago; Charles Porter of Chicago; Pamela Billington-schwartz of Olney; Richard Walsh of Springfield; Kristine Coryell of Flossmoor; John B. Hudson of Springfield; Ronald Morehead of Normal. To be a member of *he Workerês Compensation Advisory Board for a term expiring January 15, 1994, Edward Breen of Jollet; Lester 77  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 W. Brann, Jr. of Hinsdale; Richard J. Walsh of Springfield. To be members of khe Worker's Compensation Advisory Board for terms expiring February 2, 1994, Arthur Gottschalk of Flossmoor; Jay Dee P. Shattuck of Springfield; and Barbara A. Sherman of Chicaqo; and Lawrence -- Lawrence J. Sufferdin, of Jr. of Evanston. To be a member of the Upper Illinois River Valley Development Authority for a term expiring January 2l, 1991, Lynn Pieldman of Morris. To be members of the Upper Illinois River Valley Development huthority for a term expiring January 20, 1992, Norma Miller of Henry; Barbara Jane Cowan Griffith of McNabb; Dennis G. Hackett of Morris; Louis J. Perona of Spring Valley. To be members of the Upper Illinois River Valley Development Authority for a term expiring January 18, 1993, James E. McElvain of Morris; Helen Brandt of Moline Isic>; Richard L. Nelson of Princeton; William E. Steep of Seneca; To be a member of the Employee-owned Enterprise Advisory Council for a tetm expktkng No/ember 7, 199:, ElmeT Walton of Decatur. To be a member of the Illinois Council on Vocational Agricultural Educatlon for a term expirinq March 13: 1991, Glen E. Mills of Brownstown. To be a member of the Illinois Council on Vocational Agricultural Education for a term expiring March 13, 1993, Dr. Thomas R. Stitt of Carbondale. To be members of the Advisory Board of Cancer Control for terms expiring September 30, 1991, John E. Ultmann of Chicago and Irvin: Wekgensber: of Peorla. To be members of the Quad Cities Regional Economic Development Authority for terms expiring January l8# 1993, Eugene Suarez of East Molinee and Ken Schloemer of Molkne. 78  STATE 0F ILLINOIS 86th GENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 To be a member of the Illinois Student Assistance Commission for a term expiring June 30, 1991, Celeste M. Stiehl of Belleville. To be a member of the Surface Mining Advisory Council for a term expiring August l0, 1992, Jack Randall -- Nawrot of Murphysboro. To be a member of the Surface Mining Advisory Council for a term expiring August 8, 1993, George Burger of Elgin. To be a member of the Illinois Health Facilikies Authority for a kerm expirin: June 3, 1994, Irene Mills of Decatur. To be members of the Illinois Parm Development Authority Board for terms expiring January 1994, Ann Hughes of Woodstock; Curtis Eaber of Lincoln -- and Curtis Faber of Lincoln. To be members of the Illinois Coal Development Board for terms expiring July 1993, Edgar Hale of Pinckneyville and Wilbur W. Dodge of Peoria. To be members of the Hospital Servkces Procurement Advisory Board for terms expiring January 1, 1993, Al Clementi of Palatine and Kevin McDermott of Springfield. To be members of the Children and Family Service Advisory Council for terms expiring January 18, 1993, Thomas Awerkamp of Quincy; Jean Lee Lowe of Petersburg and John P. Madden of Chicago. To be members of the Economic Technical Advisory Committee for kerms expiring March 31, 1992, Ken Alderson of Decatur and Andrew Storniolo of Chicaqo. To be a Public Administrator and Guardian for a term expiring December 4, 1993, Raymond Matter of Viola. To be a Public Administrators and Guardians for terms expiring December 6, 1993, Charles Iskowish of DeKalb; Robert W. Winston of Eask Peoria; Charles L. McNeil of Mason City. And to be Public Administrators and Guardians for terms expiring December 5, December 6, 1993, Stanford Schneider of 79  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29: 1990 Bloomington; Homer L. Askew of Marion; Barbara J. Bode of Mound City; East Leslie -- E. Leslie Conkling of Rempton; Barbara Sue Dyer of Pittsfield; Kelly Finet of Monticello; Fredrick D. Floreth of Litchfleld; Edward Ross Houston of Arenzville; Michael R. Jones of Centralia; John R. Leconte of Savanna; Roy A. Seiling of Gilman; Thomas H. Trager of Peoria; Albert L. Van Dyke of Louisville; and Harold Webb of Newton. To be Public Administrators and Guardians for a term expiring December 7, 1992: William 0. Mays: Jr. of Quincy. Mr. Presidente having read the unsalaried appointments, I noW seek leave to eonsider these appointments on one roll call: unless some Senator has objection to these appointments.

PRESIDING OFFICER: (SENATOR SEVERNS) The Gentleman has asked leave. Is leave granted? Leave granted. The -- the question isw does the Senate advise and consent to the nominations just made. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? On that -- take the record, Madam Secretary. On that question, the Ayes are 57 -- the Ayes are 57, the Nays are 0, with 2 not voking. The majority of Senafors elecked concurring by record vote, the Senate does advise and consent to the nominations just made. Senator Kelly.

Thank youe Mr. Madam President. With respect to the Governor's Message of June 19, 1990, I will read the salaried appointment Eo which the Senate Committee on Executive Appointments, Veterans Affairs and Administration recommend that the Senate do advise and consent: To be the Director of the Department of Veterans Affairs for a term expiring January 2l, 1991, Robert J. Poshard of Springfield. To be members of khe Illinois International Port District Board for terms expiring June 1, 1995, James G. Gidwitz of Chicago 80  ! 1 i STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 and Robert Hamilton of Chicago. Madam President, having read the salaried appointments, I now seek leave to consider these appointments on one roll call, unless some Senator has objectkon to these appointments.

PRESIDING OFFICER: (SENATOR SEVERNS) The Gentleman has requested leave. Is leave granted? Leave granted. The question isz does the Senate advise and consent to the nominations just made. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have all voted Who wish? Have a11 voted who Wish? Madam Secretary, take the record. On that question, the Ayes are 57, the Nays are 0, those voting Present are 0, those Not Voting are 2. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Senator Kelly. SENATOR KELLYJ Thank you, Madam President. With respect to the Governor's Message of June 19z 1990, I will read the unsalaried appointments to which the Senate Committee on Executive Appointments, Veterans Affairs and Administration recommends that the Senate do advise and consent: To be members of the Kaskaskia Regional Port District Board for terms expiring June 30, 1991, Clyde D. Trexler of Columbia; Robert D. Keller of Waterloo and Elmer Prange of Waterloo. To be a member of the Kaskaskia Regional Port District Board for a term expiring June 30, 1992, Gary R. Altes of Waterloo. To be a member of the Maskaskia Regional Port Districe Board for a term expiring June 30, 1993, Bob G . Small of Columbia. To be members of the Southwest Regional Port District Board for kerms expiring June 30, 1993, James E. Barker of Lovejoy; Norman A. Viner of Cahokia. To be a member of the Illinois Job Training Coordinating Council for a term expiring July 1, 1992, Joyce A. Short of 81 i STATE OP ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Richton Park. To be a member of the Guardianship and Advocacy Commission for a term expiring June 30, 1993, James Pitts of Chicago. To be a member of the Illinois Fidueiary Advisory Committee for a term expiring January 1, 1994# Everett W. Sassing of Preeburg. To be a member of the Department of Children and Family Services Advisory Council for a term expiring January 18, 1993, Ida Jackson of Springfield. To be a member of the Employee-owned Enterprise Advisory ' Council for a term expiring November 7, 1992, R. Wayne Harvey of Peoria. To be a member of the Employment Security Advisory Board for a term expirin: January 2l, 1991, Dale W. Stewart of Hillsboro. To be a member of the Capital Development Board for a term expiring January l7, 1994, Barnard B. -- Birger of Collinsville. To be a member of the Central Midwest Interstate Low-Level Radioactive Waste Compact Commission for a term expiring January 21, 1991, Thomas Ortciger of Flossmoor. To be a member of the Illinois Farm DevelopRent Authority for a term expirin: January l8, 1993, Carolyn Stone of Springfield. To be a member of the State Soil and Water Conservation Advisory Board for a kerm expiring January l8, 1993, Alvàn C. Neal of -- Golconda. To be a member of the Surface Mining Advisory Council for a term expiring August 8, 1993, Richard E. Lounsbury of carlinville. To be a member of the Mt. Carmel Regional Port District Board for a term expiring June 30, 1991: Gordon S. Kirkman of Mt. Carmel. To be a member of the Illinois Health Facilities Authority for a term expiring June 30z 1992, Dr. J. Robert Thompson of Oak Park. To be members of the Comprehensive Hea1th Insurance Plan Board 82 1  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 1 112th Legislative Day June 29, 1990 I I for terms expiring July 1, 1992, Deborah Ouqhton of Dwight and t Raymond DeFilippo of Bloominqton. To be members of the Illinois Hea1th Care Cost Containment Council for terms expiring September 5, 1993, Robert K. Burger of Wilmette; Willàam N. Frayser of Broadview; Charles Goulek of Geneva; Kenneth J. Morrissey of Naperville and Steven B. Scheer of River Forest. To be members of the Advisory goard of Necropsy Services to Coroners for terms expiring January l8, 1993, Charles G. Bilyeu of Springfield and Norman T. Richter of Springfield -- excuse me. To be a member of the Advisory Board of Cancer Control for terms expirin: September 30, 1991, Thomas -- Tom Baab of Park Ridge. To be members of the Advisory Board of Livestock Commissioners for terms expiring January 2l, 1991, Michael E. Brennan of Monrouth; Joe C. Cochonour of Casey; Merlyn J. Eickman of Pecatonica; James H. Finnell of Gilman and Gilbert L. Hadley of Cambridge. To be members of the Advisory Board of Livestock Commissioners for terms expiring January 2l# 1991: Richard L. Jurgens of Towanda; David J. Kaluzny of Joliet; James H. McKee of Washburn. To be Public Administrators and Public Guardians for terms expiring December 6, 1993, Donald Behle of Lincoln; Marlene M. Gibbs of Murphysboro; Jeffrey E. Gray of Bridgepott; William R. Mattson of Decatur; Shirley Myers of White Hall; Cary Pierce of Wheakon; Richard J. Reedy of Oswego; Lawrence J. Rolando of Jerseyville; Joseph H. Vogler of Gurnee; Rmmit Wilson of Mt. Vernon. To be Public Administrator and Guardian -- Public Guardians for term expiring December 5, 1994, William E. Dillavou of Macomb. To be a member of the Illinois Development Finance Authority for a term expiring January l8, 1993, Steve Cisca of Schaumburg . 83 L- - . - - -  STATE OP ILLINOIS j 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 I Madam President, having read the unsalaried appointments, I I now seek leave to consider these appointments on one roll eall, unless some Senator has objectkon to these appointments.

PRESIDING OFFICER: (SENATOR SEVERNS) The Gentleman has requested leave. Is leave granted? Leave granted. The question is, does the Senate advise and consent to the nominations just made. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, the Ayes are 57, the Nays are 0, those voting Present are 0. A majority of khe Senators elected concurring by reeord v/te, the Senate does advise and consent to the nominations just made. Senator Eelly. SENATOR :ELLY: In case you're wondering where we're at, We dre about halfway done with the appointments. Madam Presidenk, with respect to the Governor's Message of June 26, 1990, Item A, 1 read the salaried appointments to which the Senate Committee on Executive Appointmentsg Veterans Affairs and Administration recommends that the Senate do advise and consent: To be the Commissioner of the Savings and Loan Assoaiation for a term expiring July 1, 1995, John D. Seymour of Sprinqfield. To be members of the Board of Review for terms expiring January 2l, 1991, Patrick G. Duff of River Forest; Bruce Barnes of Palos Park; Robert J. Kartholl of Itasca; Peter J. Miller of Addison and Edward A. McBroom of Kankakee. To be the Small Business Utility Advocate for a term expirinq January 21, 1991, William A. Price of Wheaton. Madam President, having read the salaried appointmentse I now seek leave to consider these appointments on one roll call, unless some Senator has objection to these appokntoents. PRESIDING OFFICER: (SENATORSEVERNS: j 84  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 The Gentleman has requested leave. Is leave granted? Leave granted. The question is, does the Senate advise and consent to the nominations just made. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a11 voted Who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are those voting Present are 0. A majority of Senators eleeted concurring by record vote, the Senate does advise and consent to the nominations just made. Senator Kelly.

Thank you, Madam President. With respect to the Governor's Message of June 26, 1990, Item A : read the unsalaried appointments to Which the Senate Committee on Executive Appointments, Veterans Affairs and Administration recommends that the Senate do advise and consent: To be members of the Lottery Control Board for terms expiring July 1, 1993, Charles D. Joseph of Rockford and Rixon A. Irvine of Chicago . To be members of the Illinois Hea1th Care Cost Containment Council for terms expiring September 5, 1993, Ruth M. Roqhstein of Chicago and Edward H. Mazur of Wilmette; Johanna Lund of Rockford; Raymond Werntz of Glenwood. To be a member of the State Board of Education for a term expiring June 2l, 1991: Marcene Mitchell of Chieago . To be a member of the Wil1 County Metropolitan Exposition Authoriky for a term explring December 1. 1994, Jerald Frankovich of Joliet. To be a member of the Illinois Student Assistance Commission for a term expiring July lz 1991, Bethany Denise Baker of Chicago. To be a member of the Illinois Sports Facility Authority for a term expiring June 30, 1993, Gerald A. Stillman of Prankfort. To be a member of the State Soil and Water Conservation 85  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Advisory Board for a term expiring January 18, 1993, Greg Steele of Princeton. To be a member of the Rehabilitation Services Advisory Council for a term expiring January 8, 1996, Jerry E. Strom of Arlington Heights. To be a member of the Quad Cities Reqional Economic Development Authority for a term expiring January l8, 1993, Charles C. Wilson of Rock Island. To be Public Administrators and Guardians for terms expiring December 6, 1993, David F. Daisy of Benton; James Hummert of Breese; Edward Kemper of Nashville; Richard Kavanaqh of Bolinqbrook; Anthony A. Varese of McHenry; Eddie Carpenter of Jacksonville; Henry Banser of Aurora; George A . Koehler of Freeport and Sam Molen of Girard. To be a member of the State -- Prairie State 2000 Fund Board of Directors for a term expiring July 1: 1991, Kent D. Griffiths of Chicago. To be a member of the Prairie State 2000 Fund Board of Directors for a term expiring July 1, 1994, Alice Phillips of Whearaton <sic>. END OF TAPE TAPE 3

Looked more like Wheaton -- of Wheaton. To be a member of the Advisory Board of Necropsy Services to Coroners for a term expiring January 18, 1993, Grover L. Seitzinger of Danville. To be members of the Advisory Board of Livestock Commissioners 86  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 for kerms expiring January 2le 1991, Bruce L . Betzold of Nokomis' Jerry D. King of Victoria, James H. Handy of Waverly, Buelah M . Penry of Belleville, Donald C. Peter of Quincy and Eldon P. Gould of Maple Park. To be members of the Labor Managemen: Commission for terms expirinq July 1, 1992, Dale F. Benson of Decatur. To be members of the Labor Management Commission for terms expirin: July 1992, Eugene P. Moats of Chkeago and Jerome D. VonderHaar of Moline. To be a member of the Kaskaskia River <sie> Port District Board for terms expiring June 30, 1991, George Donner of Mascoutah. To be a member of the Kaskaskia Regional Port Distriet Board for a tera expirlng June 30, 1993, Viola Ann Patterson of Chester. To be member of the Joliet Regional Port District Board for a term expiring June 1, 1995, George J. Michas of Joliet. To be a member of the Illinois Health Facilities Authority for a term expiring June 30, 1997, Katberine Janega of Glencoe. To be a member of the Havana Regional Port District Board for a term expiring June 30, 1991, Willis Fleer III of Havana. To be members of the Illinois Racing Boaïd foI terms expiring July 1992, Gary Starkman of Chicago and Lorna Ellen Propes of Evanston. To be a member of the Illinois Racing Board for a term expirin: July 1996, Thomas J. Garvey of Oak Brook. To be a member of the -- of the Guardianship and Advocacy Commission for a term expiring June 30, 1993, Patricia L. Taylor of Northbrook. To be a member of the Illinois Ftduciary Advisory Committee for a term expiring January 1, 1993, Michael Gibson of Springfield. To be a member of the Illinois Fiduciary Advisory Committee 87  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29z 1990 I I for a term expiring January 1, 1994, J. Timothy Ritchie of I Chicago. i . I TO be a member Of the Illinois Export Development Authority l for a kerm expirinq January l8, 1993, Irwin Diamond of Riverwoods. I To be a member of the Illinois Export Development <sicl tEmployee-owned Enterprise) Advisory Council for a term expiring November 7, 1992, Daniel H. Cosgrove of Springfield. To be a member of the Illinois Export Development Qsic> (Employee-owned Enterprise) Advisory Council for a kerm expirin: November 7, 1994, Jared Kaplan of Chicago. To be a members of the Electronic Punds Transfer Advisoty Committee for terms expiring January 1, 1992, Sharon J. Sullivan of Bloomington; Prank 0. Eekstein of McHenry. To be a members of the Electronic Funds Transfer Advisory Committee for terms expiring January 1, 1993, Creston B. Harris of Rockford; Melody L. Pilarski of Peoria and Christine Richards of Arlinston <sicb. To be a member of the Electronic Funds Transfer Advisory Commiteee for terms expiring January 1, 1994, Gary D . Anderson of East Moline; Dane H . Cleven of Glenview and Melvin Weck of Freeburg. To be a member of the Electronic Data Processing Advisory Committee for a term expiring January 1, 1992, Linda K. Simpson of Casey. To be a member of the Eleetronic Data Processing Advisory Committee for a term expiring January 1, 1993, John A. Lawrence of Winchester. To be members of the Electronic Data Processing Advisory Committee for terms expiring January 1, 1994, Gilkan K. Geniesse of Wilmette; Kenneth S. Greenwalt of Marion. To be a member of *he Economic and Technical Advisory Committee for a term expiring March 31: 1993, Gerould S. Wilhelm 88  STATE 0P ILLINOIS . 86th GENERAL ASSEMBLY . 4 REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 i of Glen Ellyn. I i To be members of the Comprehensive Health Insurance Plan ! Boatd Eot tezms expkrkng July 1, 1993, Howard J. Bolnick of Chicago; Bryan W. Swank of Libertyville and Joan E . Cummings of I Glen Ellyn. 1 To be a member of the Illinois Community College Board for a term expiring June 30, 1991, John M. Schultz of Effingham. I To be members of the Illinois Coal Development Board for terms expiring July 1, 1993, David L. Stritzel of Carterville and Richard E. Newtson of Springfield. To be a member of the Illinois Clean and Beautiful Advisory Board for a term unspecified, James W. Bonebrake of Joliet. To be a member of the Department of Children and Family Services Advisory Council for a term expirinq January 21# 1991, Barbara Gilleran-lohnson of Long Grove. To be a member of the Department of Children and Family Services Advisory Council for a term expiring January l8, 1993, James D. Nowlan of Galesburg. To be a member of the Advisory Board of Cancer Control for a term expiring September 30, 1991, Alan K. Hatfield of Seymour. To be a member of the Bi-state Development Agency for a term expiring January 2l, 1991, Joseph L. Berry of Columbia. To be a member of the Bi-state Development Agency for a term expïrkng January l6# 1995, Patricia J. Watkins of Caseyville. To be a members of the Argricultural Export Advisory Committee for terms expirins January 2l, 1991, Roger A. Ragland of Woodstock; A. Bard Boand of Barrington; Robert T. Bernat of Chicago; David Y. Chan: of Chicago; Davkd G . Kahle of DeKalb; Ginnie Hartman of Mounds; Gary L. Benjamin of Wheaton; Richard E. Burket of Blue Mound; Satoru Takemoto of Morton Grove; Bruce D. Cluver of El Paso and Richard F. Rost of South Barrington. To be member -- a member of the Agricultural Expork Advisory 89  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION ! SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Committee for a term expiring January 1991, John R. Felver of DeKalb. To be members of the Illinois Committee for Agricultural Education for terms expiring March l3, 1993, Nola Gramm of Gridley and J. Gordon Bidner of Carlock. To be members of the Board of Aqricultural Advisors for terms expirinq January 21, 1991, Marvin Perzee of Ashkum; John R. Little of Tolono; John P. White of Elburn; Fred W. Heepke of Edwardsville; John <sic> (Wayne) R. Gomes of Urbana; Duane M. Smikh of Allendale; Lowell K. Swalve of Porreston; Charles D. Roy of Rockford, Leland J. Glazebrook of Sullivan; M. -- W . Ernest Robinson of Cameron; James P. Monier of Princeton; Gerald M . Carney of Girard and Stuart H. Mueller of Taylor Ridge. To be a member of the Metropolitan Pier and Exposition Authority for a term expiring June 1, 1995, James B. Bolin of Western Springs. Madam President, havin: read the unsalaried appointments, now seek leave to consider these appointments on one roll call, unless some Senator has objection to these appointments. Will you put the question as required by our rules? PRESIDING OFFICER: (SENATOR SEVERNS) The Gentleman seeks leave. Is is leave granted? Leave granked. The question is, does the Senate advise and consent to the nominations just made. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted Who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 58y the Nays are none, those voting Present are none. A majority of Senators elected concurring by record vote: the Senate does advise and consent to the nominations just made. Senator Kelly. SENATOR KELLY: Thank you, Madam President. With respect to the Governor's 90 I STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29z 1990 Messaqe of June 26, 1990, item B, I will read the salaried appointments to which the Senate Committee on Executive Appointments, Veterans Affairs and Administration recommends that the Senate do advise and consent: To be a member of the Illinois Liquor Control Commission for a term expiring January 2l, 1991, John K. Kneafsey of Evanston. Madam President, havin: read the salaried appointment, I now seek leave to consider this appointment on one roll call, unless some Senator has objection to this appointment. Madam President, will you put the question as required by our rules? PRESIDING OFFICER: (SENATOR SEVERNS) The Gentleman seeks leave. Is leave qranted? Leave granted. The question is, does the Senate advise and consent to the nomination just made. Those in favory vote Aye. Those oppcsedz vote Nay. The voting is open. Have all voted who wish? Have a11 voted who Wish? Take the record. On that question, the Ayes are 58, the -- the Nays are none. Those voting Present are none. A majority of Senators elected concurring by record vote, the Senate does advise and consent to the nomination just made. Senator Kelly. SENATOR KELLY: Thank you, Madam President and Members Of the Senate. With your kind consent, we'll continue With our few remaining. With respeck to the Governor's Message of June 26, 1990, item B, I will read the unsalaried appointment to which the Senate Committee on Executive Appointments. Veterans Affairs and Administration recommends that the Senate do advise and consent: To be a member of the Illinois Racing Board for a term expirîng July 1, 1996, Irwin Jann of Chicago. Madam President, having read the unsalaried appointment: I now seek leave to consider this appointment on one roll call, unless some Senator has objection to this appointment, and I would ask 91  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 that you puk the question as required by our rules.

PRESIDINC OPFICER: (SENATOR SEVERNS) The Gentleman seeks leave. Is leave granted? Leave granted. The question is, does the Senate advise and consent to the nominakion just made. Those in favor, vote Aye. Those opposedz voke Nay. The votin: is open. Have al1 voted who wish? Have a1l voted who wish? Take the record. On thak question, the Ayes are 57z the Nays are none. Those voting PreEent are none. A majority of Senators elected concurring by record vote, the Senake does advise and consent to the nomination just made. Senator Kelly.

Thank you, Madam President. With respect to the Governor's Message of June 28: 1990, I Will read the salaried appointments to which the Senate Committee on Executive Appointmentsr Veterans Affairs and Administrakion recommends that the Senate do advise and consent: To be a member of the Chicago Transit Authority for a term expiring on September 1, 1997, Kim B. Fox of Chicago. To be the State Sanitary District Observer for a term expiring January 2l, 1991, Eleanor Watt of Park Forest. To be a member of the State Toll Highway Authority for a term expiring June 1, 1991, David Gilbert of Glencoe. Madam President, having read the salaried appointments, I now seek leave to eonsider these appointments on one roll aall, unless some Senator has objection to these appointments, and I would request that you put the questlon as required by our rules.

PRESIDING OFFICER: (SENATOR SEVERNS) The Gentleman seeks leave. Is leave granted? Leave granEed. The -- Senator Geo-Karis, for khat purpose do you...

I have a question, if I may? I just want ko make sure that heard the appointment right. Was thak Kim Fox for Member of the 92  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Chicaqo Transit Authority or was that... ' ' $ SENATOR KELLY: ! Yeah. SENATOR GEO-KARIS: 'Qause I thought youîd mentioned her for something else -- that's why I questioned it. SENATOR KELLY: No. That would be for the Chicago Transit Authority as -- as you Would like. PRESIDING OFFICER: (SENATOR SEVERNS) Senator Smith. SENATOR SMITHI Madam President and Members of the Senate. He called the name of David Gilbert of Glencoe, a salaried position for the Illinois State Toll Highway Authority. I want to be registered as votin: No on that. The person in question was not present, and for a new position, never to have served there before, and then to be accepted, I think we are setting a new precedence. PRESIDENT ROCK: ..a tmachine cutoffl.o.senator Kelly, apparently there is objection to takin: them all on one roll call. Let's go each on his own. Whom do you wish to present? SENATOR KELLY: Order that they are. PRESIDENT ROCK: Thank you. SENATOR KELLY: First - Kim B. Fox of Chicago, to be a member of the Chicago Transit Authoriey for a term expirlng on Sepkember 1, 1997. PRESIDENT ROCK: Question is, does the Senate advise and consent to the nomination just made. Those in favor will vote Aye. Opposedy 93 : STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990 vote Nay, and the votin: is open. A11 voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 56 Ayes: l Nay, none votîng Present. The majority of the Senators elected concurring by record vote, the Senate does advise and consent to the nomination just made. Senakor Kelly. SZNATOR KELLV: Thank you, Mr. President. Now welll proceed to Eleanor Watt of Park Forest, to be the State Sanitary District Observer for a ' term expiring January 21, 1991. PRESIDENT ROCK: Question is, does the Senate advise and consent to the nomknation just made. Those in favorx vote Aye. Opposed, vote Nayy and the voting is open. A11 voted Who Wish? Have al1 voted who wish? Have al1 voted Who wish? Take the record. On that question, there are 57 Ayes, no Nays, vokinq Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the nomination just made. Senator Kelly. SENATOR KELLV: Okay. I'm sorry that there's some concern on this one , but we just got the Messaqe yesterday. It's a -- I think a -- but understand Senator Smikh's concern, therefore, I would request khat We move on the appointment of David Gilbert of Glencoe to be a Member of the State Toll Highway Authority for a term expiring June 1, 1991. This is salaried. PRESIDENT ROCZ: All right. Discussion? If not, the question is, does the Senate advise and consent to the nominatkon just made. Tbose in favor Will vote Aye. Opposedy vote Nay and the voting is open. Have al1 voted who wish? Have a11 voted Who wish? Have al1 voted who wish? Take the record. On that question, there are 55 Ayesy 2 94  I STATE 0F ILLINOIS 1 86th GENERAL ASSEMBLX REGULAR GESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 Nays, none voting Present. Majority of the Senators elected ' concurrinq by record vote, the Senate does advise and consent to . 1 khe nomknakkons I -- nomknatkon just made. Senator Kelly. )

Thank you, Mr. President. With respect to the Governor's . Message of June 28, 1990, I Will read the unsalaried appointments to which the Senate Committee on Executive Appointmentse Veterans Affairs and Administration recommends that the Senate do advise and consent: To be a member of the 3oard of Aqriculture Advisors for a term expiring January 2l, 1991, Floyd A. Schlueter of Belleville. To be a member of the Illinois Student Assistance Commission for a term expiring June 30, 1995, Roberto A. Armendariz of Cicero. To be members of the Illinois (Export) Development Authority for a term expirâng January 18, 1993, Norman Gold of Chicago and H. Gene Silverberg of Glencoe. To be the Chairman of the Illinois Community Colleqe Board for a term expirin: June 30, 1995, Toussaint L. Hale of Chicago. To be a member of the Department of Children and Family Services Couneil for a term expiring January l8, 1993, Dora Larson of Orion. To be a member of the Advisory Board of Necropsy Services to Coroners for a term expiring January 18, 1993, John Aa Tolbert of Hinsdale. To be a member of the Illinois State (Medical) Disciplinary Board for a term expiring January ll: 1994, Virgil C. Wikoff of Champaign. To be a member of the Labor Management Cooperation Committee for a term expiring July 1, 1992, James E. Wilkes of Lake Eorest. To be Publïc Admïnàstrators and Public Guardkans for terms expiring December 6, 1993, Robert Stookey of Belleville and L. 95  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Patrick Pawer of Bradley. To be members of the Low-Level Radioaetive Waste Disposal Facility Siting Commission for the duration of the Commission's activity, Seymour Slmon of chicago; Carolyn Raffensperger of Forest Park and William J. Hall of Champaign. To be a member of the Historic Preservation Agency for a term expirinq January 21, 1991: Richard J. Roddewig of Riverside. Mr. President, having read the unsalaried appointments, I noW seek leave to consider these appointments on one roll call, unless some Senator has objection to these appointments.

A11 right. You've heard the Gentleman's requese. Is leave granted? Leave is granted. Senator Eelly.

Mr. President, will you put the question as required by our rules?

Question is, does the Senate advise and consent to the nominations just made. Those in favor, vote Aye. Opposed, vote Nay, and the voting is open. Have al1 voted who Wish? Have all voted who wish? Have all voted who Wish? Take the record. 0n that question, there are 58 Ayes, no Nays, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Senator Kelly. SENATOR EELLYJ Mr. President, I move that the Senake arise from Executive Session.

Youfve heard the Gentleman's motion. All in favor, indicate by saying Kye. A11 opposed. The Ayes have it. The senate does now arise from Executive Session. Message from the House. 96  STATE OF ILLINQIS 86th GENERAL ASSEMBLX REGULAR SESSIQN SENATE TRANSCRIPT 112th Legislative Day June 29y 1990

A Message from the House by Mr. O lBrien, Clerk. Mr. President - I am directed to inform khe Senate khat 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 145. It is substantive.

Executive. All right. Ladies and Gentlemen, before We break for the Republican Caucus, we kill -- We Will reconvene at approximately 4:30. We will have a supplemental Calendar, which will contain the conference commitkee reports filed thus far. We've had a request, however, to go to the Order of Secretary's Desk, Resolutions, and Senator Schaffer has one he wishes to waive the Rules. Senator Geo-Karis, we'l1 get to you on the caucus thing. Give me a minute here. Senator Maitland made a request. Is Senator Maitland still With us? A1l right. Top of Page 10, on the Order of Secretary's Desk, Resolutions, is Senate Joint Resolution 209: Madam Secretary. 209.

Senate Joint Resolution 209.

Senator Netsch.

Thank you, Mr. Presidenk. Senake Joint Resolution 209 fulfills the Legislature's responsibllity, as far as the Senate is concerned, Eo prepare the documentation to go to the voters, dealing with HJRCA the constitutional amendment proposed that deals wikh tax delinquent sales and period: of redemption. It às the amendmene that we proposed by -- almost a unaninous vote this year, and that was previously on the ballot in 1988. This 97  STATE OF ILLINOIS 86th GENERAL ASSEMDLY REGULAR sessloK l SENAYE TRANSCRIPT I 112th Legislative Day June 29: 1990 resolukion, which I passed out yesterday, contains the official explanation, the arguments for and against, and the form of the ballot. It is almost the same as that khicb we had adopted in 1988 and put on the ballot to accompany the -- the amendmene When it was then being voted on. We've shortened the explanation and made just a few changes, but it is, in essenee and in substance, the same as it Was at that kime. I would be happy to answer questions: otherwise I would move the Senate adopt Senate Joint Resolukion 209.

Question is the adoptton of Senate Joink Resolution 209. Senator Schaffer, on khis question? Senator Sehaffer.

Mr. President, Members of the Senate, I don't thlnk anyone on this side of the aisle has any problem with this resolution. Our eoncern is that there are, you know, two constitutional amendments to be on the ballot - this one and the tax aceountability amendment and we have not seen the resolution for the tax accountability arguments pro and con, and I think many of us are reluctant to pass this out until we see khae other one, because the court has not taken it off the ballot, and we hope it won 't, and we don't want to be culpable, if you Will, in denying the people of this State a chance to vote on the tax accountability amendment.

senator Netsch.

Senator Schaffer, the resolution whieh I passed a while aqor did provide for a second commlttee to take into aceount the tax accountability amendment in the event that it is on khe ballot. It was -- it sort of overstated what we are entitled to do. If you look at the Statutes whicb I'm sure you do every night, 98  STATE QP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990 Senator Schaffer - you would discover that the form of the ballot, the explanation and the argument in favor are submitted by those who submitked the petitions, and it does not come to us -- it gces to the -- well, through the Secretary of State to ehe Attorney General. We have one responsibility left and that is to prepare the argument against the tax aceountability amendment, because there is no one otherwise designated to do that. There are drafts of that thak are presently around, and we're going to have to probably sliqhtly revise our procedure, because ehis is something that is unique to us. But *he other parts of it are not in our hands -- they are in the hands of the Secretary of State and tbe Aeeorney General.

Senator Schaffer.

Well, I ean understand why youdre having trouble comin: up with argumenks against this proposal, but I guess my queseion is, you know, I'm watching the clock wind downr and it's -- it's obvious to me that tomorrow welre going to be here without Senator Roek and Senator Philip. If we fail to act, what happens? meane if we somebody slams the gavel down and we go home withouk doin: anything, are we in any Way: shape or form jeopardizin: that ballot beinq included in the -- that explanation pro and con be included in the mailing for the Seeretary of States or tn any way, shape and form slowing down, impeding: you know, in any way, the accountability amendment from being on ehe ballot?

Sesnator Netsch.

The answer is no. If we did nothing with respeck to the tax accountability amendmenty then the arquments and the forn of the ballot and a11 would still be there, assuming *he court allows it 99  STATE 0P ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leglslative Day June 29, 1990 to stay on the ballot. The only thing that Would be missing would be an argumenk against. It seems to me We have two choices, and I have not had a chance yet to talk to Senator Rock about this. One is to so ahead and qet the argument against prepared this afternoon, and the other is simply to extend eime -- and the only thing the Statute says is for the General Assembly to designate someone to prepare the argument against. But in no event would it have any impact on the -- the right of the proposed amendment ta be on the ballot: if the eourt upholds its right to be there. This one would be in jeopardy though, I think - the one that we ourselves have passed. PRESIDENT ROCK) Senator Sehaffer.

If I could: Mr. President. -- then I guess -- I guess kould address a question of the Chair. It's my hope that we could reach an agreement that we would not adjourn without passing an appropriate arqument against, which I'm sure can be put together however ill-guided might be - before we leave. Is that pare of our programz or are my concerns real?

Well, -- your concecns are certainty realz as far as you are concerned: obviously. They are not real as far as I am concerned. As as one Who voted against and continues to vote againsty am fully prepared to submit an argument against. No problem at all. Xes. Question is, the adoption of Eenaee Joint -- I'm Sorryt Senator Barkhausen.

Question of the sponsorp Mr. President.

Senator Senator Netsch indicates she will yield, Senator Barkhausen. l00  STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT ll2eh Legislative Day June 29, 1990

Senator Netsch: do you have any idea what the having listened to your answer to the question about -- or your statement about -- what would happen if We -- if we do nothing, saying that there would be a statement in favor of the amendment, but but none against, do you know, is that what happened: or what the precedent was in the case of the cutback amendment in 1980, which was. of course, the -- the other instance in which there ls been a initiatlve and -- and referendum proposed amendment on the ballot. Did the Legislature act at that point to pass a resolution including pro and con arguments?

Senator Netsch.

Senator Barkhausen, I assume that it was prepared by the Legislature. I don't have any independent recollection. have khe blue ballot pamphlet in front of me from then, and a1l of khose item are included in here: and I -- I don't really, of my own volition, remember exactly how it happened . I think was done by the Leqislaturer though. Oh: wait a minute! think more khan that. Let me go back a minute, and let me correct myself. My reeollection is that at the kime that that initiative was presented, there was no provision at al1 khae covered an initiative, and that the -- we followed the proeedure that we do with respect to eonstitutional amendments we proposed, simply because kt seemed to be the fair way to do. And then I think tbat subsequently we - and I may have sponsored the bill kent back and wrote into the Statutes the provisions thae would make sure that any initiative amendment would also have similar kinds of treatment. So I thknk they ackually poskdaeed the so-ealled House cutback amendment.

l0l  STATE OF ILLINOIS 86*h GENERAL ASSSMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Senator Barkhausen.

So in that -- in that earlier ease, apparenkly a pro and eon statement were furnished, but did not - I don't recall - did not the Supreme Court rule and -- and allow that particular referendum on the ballot after the Legislature had adjourned? Do you know, mean, I know there was a challenge to that -- the appropriateness or the constktutionality of -- of having that particular question placed on the ballot back in 1980. And -- and my guess would be - or my vague recollection is - that the Supreme Court ultimately ruled in thak case after the Legislature had adjourned, and yet apparenkly from your recollection, you think the Legislaeure passed a resolution including pro and con statements, prior to the prior to the Legislature adjourning, of course, and -- and prlor to the time that the Supreme Court Would have ruled in thae case .

Senator Neesch.

Well. We're all speakinq from dim memory now , Senator Barkhausen, but my memory tells me that the Supreme Court had ruled before we adjourned, whieh was Why -- the petition certainly would have been due before then: and kt seems to me that the court decision might have predated our adjournment. Donlt pin Re to the Wall on that; don't remember the precise dates.

Al1 right. The question before us is the adoption of Senate Jotnt Resolution 209. Further discussion? If not, those kn favor Will vote Aye. Opposed, vote Nay. The voting's open. A1l voted who wish? Al1 voted Who wish? Have all voted who Wish? Have a11 voted who wish? Take the record. On that questione khere are 55 Ayes, no Nays, none voting Present. Senate Joint Resolution 209, l02  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslatkve Day June 29, 1990 having recelved the required constitutional majority, is declared passed. All right. Ladies -- Senator Geo-Rarls.

Mr. President and Ladies and Gentlemen of the Senate, I Want to remind my colleagues on the Republican side that at 3:00 p.m. sharp: we are havin: a caucus in Senator Pate Philip 's Office. 3:00 p.m. Caucus. 3:00 p.m. 3k00. T-h-r-e-e.

Senator Weaver: for what purpose do you arise, sir?

Thank you: Mr. Presidenk. If we dre still on the Order of Secretary's Desk, Resolutions, I have HJR 123.

Bottom of Page 9, Ladies and Gentlemen. Boteom of Page 9. On the Order of Secretary's Desk, Resolutions, is House Joint Resolutions 123, Madam Seeretary.

House Joint Resolution 123.

Senator Weaver.

Thank youy Mr. President. This merely asks the Illinois Commission on Intergovernmental Cooperation to skudy the feasibility of Illinois joining the Midwestern Higher Edueation Compact. If there's any question, 1611 be happy to ery to answer them. otherwise I'd apprêclate adoption.

Senator Weaver has moved the adoption of House Joint Resolution 123. Discussion? If not, al1 in favor: indicate by saying Aye. Al1 opposed. The Ayes have it. The resolution is adopked. Senator Schaffer, for what purpose do you arise?

l03  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legtslative Day June 29, 1990 Mr. -- Mr. President, I believe yesterday, Senate Resolution 1309 was referred to the Executive Committee. I have talked to the chairman and minority spokesman and a couple of other people involved in the lssue. It it is about in addition to yourself - and I believe We have support for discharging committee and immediate passage. Senate Resolution 1309 addresses a potential problem we may have in that -- apparently in Eentucky and Missouri have put a moratorium on nursing home beds, and we're stareing to see what we believe is the beginning of a trend of people from Kentucky and Missouri being placed in Illinois simply because there aren't any other beds, and would like to have the research unit in the Department of Public Aid take a look at this and report back to us to see if this is a short-term anomaly or a major financial drain on the State in the future. I don't believe it's controversial, but I think we ought to take a look at this. The implications could be seary.

Al1 right. Senator Schaffer has moved to diseharge the Committee on Executtve from further consideration of Senate Resolution 1309. Discussion? If not, all in favor of *he Motion to Discharge, indicate by saytng Aye. Al1 opposed. The Ayes have it. Senate Resolution 1309 is discharged from khe Committee on Executive. Senator Schaffer now aoves the adoption of Senate Resolutjon 1309. Discussion? If not, al1 in favor, indicate by sayin: Aye. Al1 opposed. The Ayes have ik. The resolution is adopted. All right. Any further buslness at the moment? If not, Senator Geo-Earis asked me to remind you again three o 'clock, Republican Caucus in Senator Philip's Office. Right. Al1 rlqht. And we Will reconvene -- the Senate Will reeonvene with a Supplemental Calendar at *he hour öf four-thirty. Two hours from now. Four-thirty, Ladies and Gentlemen. l04  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 112th Legkslative Day June 29, 1990 (RECESS) (sEuhTE REcoxvExEsi

PRESIDING OPFICER: (SENATOR DEMUZIO) When we begin momentarily, we w1l1 begin With Supplemental Calendar No. 1. Notify the Members - Zito: DeAngelis, Pawell, Welch, Netsch, Marovitz, Smith, Tom Dunn, Jones, Carroll. Messages from the Rouse.

A Message from the House by Mr. O'Brien, Clerk. Mr. Presldent I am direeted to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of their amendments to a bill of the following title, to wit: House Bill 3656 wkth Senate Amendments 1, 2 and 3. Non-concurred in by the Housee June 29, 1990. have like Messages on House Bill 3720 With Senate Amendments and 2, and House Bill 3843 with Senate Amendments l and 2. A Messaqe from the House by Kr. O'Brien, Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has refused to recede from their Amendments l and 4 to a bill of the following titleg to kit: Senate Bill 1798 I am further direcked to inform the Senate that the House of Representatives requests a First Committee of Conference. Action taken by the Housey June 29, 1990.

PRESIDING OPFICER: (SENATOR DEMUZIO) Secrekary's Desk. ...tmachine cutoffl... A1l riqht. On 1798, Senakor Melly moves that the Senate accede to the o..lmachine cutoffl... request of the House. So ordered. ...tmaehine l05  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 cutoffl... Senator Zito on khe Floor? Senator Fawellz do you Want to start out? Al1 rigbt. Supplemental Calendar No. 1, Secretary's Desk: Non-concurrencew is House Bill 3843, Madam Seeretary.

Senate Amendments 1 and 2 to House Bill 3843.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell.

Thank you very much, Mr. President. They have found that there is an extremely large technieal error in the -- in the writing of this last amendment, and so I would a:k to non-concur.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Senator Fawell has -- has moved that the Senate refuse to recede from the adoption of Senate Amendments l and 2 to House Bill 3843, and thak a conference commitkee be appointed. A11 in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. The motion carries. Secretary shall so inform the House. House Bill 3656. At the top of your Supplemental Calendar is House Bill 3656, Madam Seeretary.

Senate Amendments and 3 to House 3k11 3656. PRESIDING OFFICERZ (SENATOR DEMUZIO) Senator Zito.

Yes. Thank you, Mr. president and Members. I Would move that the Senate refuse to reeede from Senate Amendments 1: 2 and 3, and that a conference comRittee be appointed. I think we can work out our differences in conference.

PRESIDING OFFICER: (SENATOR DEMUZIQ) All right. Senator Zito has moved that the Senate refuse to recede from the adoption of Senate Amendments 1, 2 and 3 to House l06  STATE OF ILLINOIS 86th GENERAL ASSEMBLV RECULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Bill 36$6, and that a conference committee be appointed. A1l in favor w 'ill indicate by saying Aye. Opposed, Nay. The Ayes have it. The motion carries. The Secretary shall so inform the House. .. m lnachine cutoffl... Welch. .s.tmachine cutoffl... Okay. On the Order of Conference Committee Reports is House Bi11 1220, Madam Secretary. SECRETARY HAWKERI First Conference Committee Report on House Bill 1220.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. Senake Btll -- House Bill 1220 was being used as a vehicle. We sent it over to the House with an amendment that contained three schools that were to receive money due to a timing problem over consolidation. This eonferenee committee report now includes those three schools, in Senator Watsonlsy Senator Donahue's and my districts. In additiony other amendments which are told to me to be noncontroversial have been added. No. 1 is an amendment from Representative McNamaray affeceing only one sehool district in the State eoncerning the consolidation in that district. The second amendment ls Representative Steczods language of House Amendment to Senate Bill 1843 -- in cleaning up a law we passed last year: which was sponsored by Representative Hallock. The language is a protection of khe riqhks of teachers who are tn elementary districts which were consolîdated to form a new elementary district: or Who are in secondary districts which were consolidated to form a neW secondary district. Third amendment is from Representative Phelps' lanquage of an amendment to a Senate bill codifying existinq law that the State Board of Education has exelusive authority to issue certlflcates. Another amendment was from Representative Homer, whkch helped several small school districts 107  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT ll2Eh Legislative Day June 29# 1990 who experienced a large decline in equalized assessed valuation between 1981 and 1988, and Representative Curran's languaqe establishin: a parent-teacher advisory eommittee on dispensin: medication in the school. I'd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If notw -- Senator Maitlandv

Thank you very much, Mr. President, Members of the Senate. Senator Welch: it's unfortunate that this bill has some of the things on it that it does have, and I rise strongly to objectp and I hope the Body is listening to this.

PRESIDING OFFICER: (SENATOR DEMDZIO) Pardon me, Senator Maitland. If I could have some order, please. I can 't hear the Gentleman Ryself. Senator Maitland.

Thank you, Mr. Presidente Members of the Senake. I I rise strongly to object to -- ko khis Conferenee Committee Report. And I guess prlmarily because of the -- the issue of think Balyki is in thisp Senator Welch, and there are some other sehool districks in thisy and Ladies and Gentleman, this is a piece of legislation that's -- thak's been around a little bit this spring. And this is an attempt, quite frankly: to capture more State aid for school districts that very honestly probably ought to be consolidated. It is a disproportionate share of revenue going to these schools under the formula. And I just really believe that the Body needs to take a strong look at this: beeause this takes money away from - small as the amount might be - from every one of your school districts, and I think you ought to take a look at this. We ought to kill this Conference Conmittee Report, and let Senator Weleh take back and bring it back without thts amendment on it.

PRESIDING OPFICER: (SENATOR DEMUZIO) l08  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Further discussion? Senator DeAngelis. Further discussion? If not, Senator Welch may close.

Thank you, Mr. President. What the bill does as Senator Maitland was referring to - number one, it has money for three school diskricts Who consolidated. Senator Maitland had his own amendment includin: two of the three districts; those two are still included in this amendment. The money that Senator Maitland is talking about is an equalized assessed valuation change -- that some schools did not have equalized assessed valuatkon figured at the rate it was supposed to be figured at -- it's my underseanding. I thlnk, as Senakor Maitland said: it's a very small amount of money, and I would urge adoption of khis Conference Committee Report.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall the Senate adopt the Pirst Conference Committee Report on House Bill 1220. Those in favor w1ll vote Aye. Those opposed, Nay. The voting is open. Have all voted who Wish? Have al1 voted who Wish? Have al1 voted who wish? Have al1 voted who wish? Take the record. On that queskion: the Ayes are 32, the Nays are 25, none voting Present. The Senate does adopt the First Conference Committee Repore on House Bill 1220, and the bill, having received the requtred constitutional majority, is declared passed. Senator Maitland, for what purpose do you arkse?

I'm sorry, Mr. President, but I juse believe we must cbeck the affirmative vote.

PRESIDING OPFICER: (SENATOR DEMDZIO) All right. Senator Maitland has requested a verification of a1l the Members who voted in the affirmative. All Members Wi1l be in their seats. Secretary will call the names of those Members 109  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENKTE TRANSCRIPT 112th Legislative Day June 29# 1990 who voted in the affirmative. Madam Secretary.

The the following Members voted in the affirmative : Klexander, Berman, Brookins, Carroll, Collins, Daley, D'Arco, del Valle, Demuzio, Donahue, Thomas Dunn, Hall, Holmberq, Jacobs, Jones, J.E. Joyce, J.J. Joycep Kelly, Lechowicz, Luft, Marovitz, Netschz Newhouse, O'Daniel, Rea, Savickas, Severns, Smith, Watson, Welch, Zito and Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland, the question has been posed as to your requesk for a verification, because you didn't vote either way, and -- Senator Etheredge, for what purpose do you arise?

Mr. President. I would ask for a verification of the affirmative vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. We don't need to call them over, I was just curious. Senator Etheredge, do you question the presence of any Member, for Senator Maitland? Senator Etheredge.

Senator Savickas.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Savickas on the Floor? Senator Savickas on the Floor? Strike his name.

Senator Lechowicz.

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

Senator Zito.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Zito is behind the flag, as always. A11 110  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 right. On a verified roll call, the Ayes are 30e the Nays are 25> none voting Present. The Senate does adopt the First Conference Committee Report on House Bill 1-2-2-0, and the bill, having received the required constitutional majority, is declared passed. House Bill 3164. Senator Netsch. Madam Secretary, House Bill 3-1-6-4.

First Conference Committee Report on House Bill 3164.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch. SENATOR NETSCHJ Thank thank you, Mr. President. House Bill 3164 the First Conference Committee is fundamentally the contents of House Bill 3318, plus a part of House Bill 3675, plus Senator Brookins' House Bill 3483. Briefly, it does the following things: it deals With the question that Senator Brookins had raksed about early -- those who are being released from prtson being early certifiedz so that they do not have a 9ap period in terms of havin: aceess to resources. It includes the very important spousal impoverishment provisions thak we have previously seen. It includes a presumptive eligibility for pregnant women, so that they can get outpatient medical care at the critical early stage. That was, I think, House Bill 3675. provides for dental services and glasses - a recommendation of khe Joint Committee on Welfare Reform - for those who are attempting to move off the publke assistance rolls tbrough job tralning and other activities. And it includes the Ninter clothing allowance for children, which also was a part of House Bill 3318. I think we bave seen all of these provisions before and debated them at length. I would be happy to answer questions; if not, I would seek your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Donahue. 111  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqkslative Day June 29, 1990

Thank youy Mr. Fresident' Ladies and -- the Senate. Yesy Senator Netsch, We have seen these things before, and they've failed twice to my knowledge, in various forms. would just =- you know, alert tbe Body that these are things that the Department of Public Aid is already doing. They are doing it by rule, and if we codify them in the law, it makes it -- it has potential budgetbuseers in the future. Let's leave the flexibiliky with us to be able to deal with it. I hope We can defeat this again, for the third time.

PRESIDING OFFICER: (SENATOR DEMUZIO) .oo tmachine cutoffl.ooDiscussion? Purther discussion? Senator Berman.

Thank you, Mr. Presidentp Ladies and Gentlemen of the Senate. I -- I think the record ouqht to be clear, this is not a budget-bustin: bill. 0ne item involves four hundred thousand dollars. I don't think that's a budget-busting bill. It deals with eyeglasses and dentures for people that can ft otherwise afford them, to assist them in qetting employment and to be presentable When they seek jobs. If they get the joby theydre off of Public Aid. That's a plus. They other item that's in this bill is one that We have addressed before, and that is spousal impoverishment. It is the number one item on our seniors ' shopping listz and it's more than a shopping list - it's a dignity lîsk -- list to allow a person whose spouse musE go inko a nursing home to maintain some portion - some reasonable portion of the assets that they bave accumulated over their lifetime together. And what this bill does is to say that the regulation that has been adopted by the Illinois Department of Public Aid be eodified into our Statutes. The eost under this bill is no different , Ladies and Gentlemen - not one penny different - than the existing 1l2  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 regulation of the Illinois Department of Public Aid. Your seniors need - deserve - an Aye vote on House Bil1 3164.

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

Thank you, Mr. President, Ladies and Gentlemen o' the Senate. I I think that it's already been pointed out, but I think there has been a good bit of confusion on the Floor, and itfs worth pointing out again that this Conference Committee Report has become a -- a point where we have eollected a series of bills that have been defeated before. It has alao been pointed out that the provisions within these bills at least many of them - are already being implemented by the Department. What this what this bill really does is to tie the hands of the General Assembly in future years. I Would hope that -- that we will continue to always do the very best we can by all of those people kho are served by these proqrams, but the -- their needs are now being met. would hope they Would continue to be met. see no need for us to codify these in law. Wedve defeated earlier attempts through -- by dealing with these topics with individual bills. I suggest that we defeat this Conference Committee Report as well.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'm so sorry that our frlends on the other side seem to think that the items thatês listed in this bill, 3164, is not of value. And I know one in particular - the one where Weêre talkinq about the clothes for people who need to go to school in the fall of the year: and those who do not have proper clothing to wear, where we can provide the monies -- they don't need any money whatsoever -- no fiscal task foree: or fiscal -- point on this bill at all l13  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislatkve Day June 29, 1990 whatsoever. A11 of these items that we are talking about in this particular bill are of great service to the people. Welve been talking about things all along this Session, buyin: new buildings, and doin: this, and then building this and that and the other. Why can't we stand here and say we are going to vote somethin: for people, that's going to benefit the people? You can go home and talk with pride that we did vote for something that would help people to alleviate some of al1 the pressure that they are gokng throuqh riqht now. I stand here and I appeal to you, and I ask you ko please stop and think in terms of things, and for this one time, think in terms of people. People who you are sent here to represent, and not just things. I ask for a favorable vote for 3164.

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

Thank you, Mr. President. I think Senator Berman made a good point on spousal impoverishment. Certainly we needed to do something about brinqing up the minimal levels that a spouse could have before losing Public Aid. :ut what -- what happened -- I khink some of us who are not experts in this whole area may not be very faniliar with it, but as I understand it, what happened was that the Department of Public Aid elected to pay spousal impoverishment at the highest level, as requkred by the Pederal Government. The effect of this of this languaqey as understand it, will forever lock us in to paying the highest required level the Federal Government as they change their requirements. It seems to me that we ought to reject this idea and decide in future General Assemblies at What level we want to fund So I would urge a No vote on the -- on the concurrence motion.

PRESIDING OFFICER: (SENATOR DEMUZIO)  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslative Day June 29, 1990 A11 right. Further discussion? Senator DeAngelks. SENATOR DeANGELIS: Thank youz Mr. President. Question of the sponsor.

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates she will yield. Senaeor DeAngelis. SENATOR DeANGELIS: Is the Local Government Hea1th Care Pund still on this bill?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch.

Alas, no. It is not in this bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGCLIS: Was that by desire, or by result?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Netsch.

was not my desire. It was the House sponoor's desire.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator DeAngells. SENATOR DeANGELIS: The House sponsor chose to delete from her own bill what she bad origknally intended the bill to do?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senaeor DeAngelise was that a question? SENATOR DeANGELIS: Xes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch.

In the first plaeez it's a he, not a she, Who was the House l15  I STATE OP ILLINOIS 86th GENERAL ASSKMBLY REGULAR SESSION SENATE TRANSCRIPT l12kh Leqislative Day June 29y 1990 sponsor: and I'm not sure it was his own choice, but apparently the vokes where not there in the House.

PRESIDING OPPICER: (SENATOR DEMUZIO) Further discussion? Senator Netsch may close.

Thank you, Mr. President. I would just urge that there are some extremely important provksions which do not have a price tag on Ebem in khis bàll. And the one that I thànk none of us can afford to ignore is the spousal impoverishment provisions, a11 of which are absolutely essential, as are other parts of the bill. I would point out that the House has already adopked this Conference Committee Report, with 81 votes. It *as not a partisan matter in the House. I trust it will not be herey either.

PRESIDING OFFICER: (SENATOR DEMDZIO) Question is, shall the Senate adopt the First Conference Committee Report on House 2il1 3164. 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? Have al1 voted who kish? Take the record. On that question, the Ayes are 34, the Nays are l9: 2 voting Present . The Senate does adopt the Pirst Conference Committee Report on House Bi11 3164, and the bill, having received the required constitutional majority, is declared passed. Senator Donahue, for What purpose do you arise? All right. 3337. Marovikz. House Bill 3337: Madam Secretary.

First Conferenee Commitkee Report on House Bill 3337. PRESIDING OFFICER: (SENATOR DEMOZIOI Senator Marovitz.

Thank you very much, Mr. Presidenkr Members of the Senate. This is the Drug-free Workplace Act. This bill requires grant recipients or contractors Who are to receive five thousand dollars 1l6 l 1 I I  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SBNATE TRANSCRIPT 112th Legislative Day June 29# 1990 or more Erom the State of Illinois to take certain actions to insure makntenanae of a druq-free korkplace: such as publishing and distribukin: to employees information regarding prohibition of controlled substances and the penalties; establishin: a drug-free awareness program; notifyïng contracting agencies of any eriminal Statute conviction of any employee, and contracts or grants can be suspended or terminated and the contractor or grantee disbarred - Gebazred, excuse me - upon faklure to eomply with the requirements of the Act. Also included in this legislation is khe crime of drug-induced infliction of great bodily harm; increasing penalties for money laundering based on the amount of money laundered, and penalties for delivery of drugs or paraphernalia to a pregnant womany if you know that that Woman is pregnant, There is an exemption in the Drug-free Workplace Act for railroads who have signed off this legyslation and are in agreement, and I would ask for an hye xote.

PRESIDING OPFICER : (SENKTOR DEMUZIO) Discusskon? Senator Dudycz.

Thank you, Mr. President. Questîon of the sponsor.

PRESIDING OFFICER: (SENATOR DEMDZIO) Sponsor indicates he will yield. Senator Dudycz.

Senator Marovitz, I noticed that there are no Republican siqnatures on the Conferenee Committee Report, and Amendment No. 4, which I sponsored - or introduced and it was passed in the Senate - is excluded from the Conference Commiteee. Could you tell me up on whose insistence that part of the bill was removed?

PRESIDING OFFTCER: (SENATOR DEMUZIO) Senator Karovitz.

Itds my understanding that that Was pretty much by acclamation ll7  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 the unionsg the business groups. Everybody Wanted that provision removed, and there was no controversy whatsoever about removing that provision.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Well, Senatorr seems like this is the provision that gives the legislation some teeth. You say that it's by acclamation. It seems like it's by acclamation -- everybody except the Republican Members of the Senate, because they were not -- 'any part of this Conference Committee Report.

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

Yeah. Senator Marovitz, last night: While I Was in the office reading all the bills, this question came to mind. With reference to Page lines and 34, is your intention that Metra be exempted from the Act?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Marovitz.

Well, Senator Schaffer, last night, while I was in my office reading the bills, I -- I came upon that -- that area of the bill and I realized that, in fact, Metra would be exempt under this legislatkon.

PREEIDING OPPICER: (EENATOR DEMUZIO) Further discussion? Senator Marovitz may close.

Thank you very much, Mr. President. I think this is a good policy for the State of Illinois and the General Assembly to send to the people that we represent that we Want a Drug-free Workplace Act in place. It may not be a perfect bill, it may not have as 118  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 many sanctions in it, but it certainly sends a loud message. The business community aqrees with this. The common carriers agree with this, and I think the Legislature ought to pass overwhelmingly.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall the Senate adopt the First Conference Committee Report on House Bill 3337. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 46, the Nays are 2, 2 voting Present. The Senate does adopt the First Conference Committee Report on House Bill 3337, and the bill, having received the required constitutional majority, is declared passed. House Bill 3580, Madam Secretary.

Pirst Conference Committee Report on House Bill 3580 .

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

Thank you, Mr. Presidenk, Ladies and Gentlemen of the Senate. House Bill 3580, the First Conference Report, is Ehe House concurs with the Senate Amendment No. 1 and Senate No. 2, which extends due process protection to private agency foster parents in administrative appeal. The bill is further amended to incorporate House Bill 3578, House Bill 3579 and House Bill 3582, which a11 address recommendatëons of the Speaker's Blue Ribbon Task Force on Foster Care. Some of the items contained in this Conference Report is the insurance coverage that DCPS may provide for Eoster families, extend to the property of a foster families and to the members of their householdv as well as the other third parties. It also contains relatives are âubject to the same review and background checks required for other licensed foster homes under  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 the Child Care Act, which currently includes criminal background and child abuse, neglect, registered checksz and determination of whether a person has been declared as quote, usexually danqerous person,'' unquote, or convicted of a specific criminal offenses: such as murder, kidnapping, child abduction, sexual assault, sexual abuse, or similar offenses in other states. And DCFS shall make room and board payments for foster children by 7/1/94 at one hundred percent of the U.S. Department of Agriculture cost of raising a child in the urban midwest low-cost index. Conferenee Committee House Bill 3580 is a compromise between the Department of DCFS, and senate and House sponsors, plus foster care parents' organizations. And it also contains the non-cost recommendations of the Speakerîs Blue Ribbon Task Force on Foster Care. I 'd be happy to answer any questions. Otherwise, I ask for your approval and adoption of this Conference Report.

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

Yes, Mr. President, Ladies and Gentlemen of the Senate. Wefve opposed this in the past and it's back aqain, because what ultimately does is it creates a mandate for the State to have to pay foster parents at a rate equal to one hundred percent of the United States Department of Agriculture cost of raising a child in the urban midwest and low-cost index. And there is a -- often a discrepancy between what is on -- in this index and what is going on here in Ehe State of Illinois. Now, in *he past. wefve been able to accommodate much of that, and justifiably so, through our appropriations process, which provides us the flexibility of being able to gear up what we have in the State treasury; how our economy is at any given time; can we afford to do this, and to what percentage can we go that makes some sense for us . we lock this in at one hundred percent, even though it starts in 1994 l20  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29e 1990 - and I always love it when I hear about the fact, ''We11, it's not this year.'' Well fine; it's not this year. And in this case, it's not next year. But we're already locking ourselves into a time where we have no idea what the economy is going to be like, and we 're goin: to have to deliver on this. It is very poor fiscal planning, very poor public policy. On that basis and the fact that you're talking about eighteen-million-dollars' differential right off: that, you know: we don't know where we're going to get -- this bill, I Ehink has a problem, and don't think we can afford to do this.

PRESIDING OFFICER: (SENATOR DEMUZTO) All right. Further discussion? If not, Senator Smith may close. I'm sorry, I beg your pardon. Senator Sehuneman.

Thank yous Mr. President. Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates she will yield. Senator Schuneman.

Senator, there -- there is a provision added at the very end of khis Conference Committee Report that Was just pointed out to me, and it appears to be some kind of requirement on insurance companies. Could you tell me what that's a11 about?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

It says that the insurance coverage that DCFS may provide for foster families -- I'm sorry -- it prohibits insurance from treatinq a foster cbild any differently than a natural adopted chkld when determinlng homeowners or renters inlurance premium. Prohibits insurers from considering care of family household as use of the dwelling for a business purpose. And this this came from downstate, from the foster parents therey sir. &2l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legïslatkve Day June 29, 1990

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Schuneman.

Well: I think, Senator, that that this is unnecessary language. As I understand, homeowners policies generally provide -- any resident of a household has coverage under a renter's policy or a homeowner's policy, and I don't understand why we're getting into the Insurance Code for purposes of accomplishing what it is you Want to do. would simply point that out to the Members. think this is -- this is certainly kind of unprecedented, in that what welre trying to do here is dictate what insurance coverages must be on property and casualty insurance, which is certainly a departure. I -- I1m Wonderin: if tbe sponsor perhaps could explain where this came from, or why -- if there's any qood reason why we need to do this.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Smith.

Senator, I'd like to say that this partieular part of the bill was recommended by the Department of Insurance.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Scbuneman.

Well, Mr. President, there appears to be some misunderstanding here or confusion, because the Department of Insurance specifically contacted me and polnted out that Ehis Was ln this bill, and I'm sure theydre not in support of this particular provision.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Smith.

But I'd like for you to know that it was also recommended by l22  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 the Department of Children and Family Services. And I'd like to say this to my friend that was talking here, that last -- when we had this bill through here before, she voted for this bill and it flew out of here at 58 to nothing.

PRESIDING OFFICER: (SENATOR DEMDZIO) Further discussion? Senator Welch.

Thank you, Mr. President. I'd just like to rise in support of this bill. You know, we always talk about gettin: foster parents to take these kids nobody Wants. Then when it comes time to do somethinq for the foster parents, oh, we can 't change the Insurance Code. We canlt give them Rore money. We don't have the money to do this. But everybody is al1 for saying thak weire putting these kids up for adoption or putting them in foster homes. Well think we should vote to take care of the foster parents. We have to take care of these kids prior to their being adopted or when their kids are unwanted. I mean -- you know, it's easy to take positions on some issues and then when it comes time to paying for the result of those positions -- eo come up With some argument, that ''Wel1# we can ît ehange the Insurance Code - my gosh, that Would be terriblel'' But in the meantime, foster parents can't get insurance for foster children? That's ridiculous. We should a11 be voting for this.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senakor Smith may close.

I just ask for a favorable vote, please.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall the Senate adopt the First Conferenee Committee Report on House Btll 3580. Those in Eavor Wi1l vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take 123  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29' 1990 the record. On that questionz the Ayes are 30y the Nays are 2l, voting Present. The Senate does adopt the First Conference Commitkee Report on House Bill 3580, and the billr having received the required constitutional majority, is declared passed. Senator Topinka, for what purpose do you arise?

Yes. I'd like a verification of the affirmative roll cally please.

PRESIDING OFFICER: (SENATOR DEMUZIO) All rlght. Senator Topinka has requested a verification of khose Members who voted in the affirmative. Al1 Members Will be in their seats. Tbe Secretary wil1 call the names of the Members who voted in the affirmative. Madam Seeretary.

The following Members voted in the affirmative: Alexander, Berman, Srookins: Carroll, Collins, Daley, D'Arco: del Valle, Demuzio, Thomas Dunn, Hall, Holmbergz Jacobs, Jones, J.E. Joyce, J.J. Joyce, Kelly, Kustra, Lechowicz, Luft, Karovktz, Netsch, Newhouse, O'Daniel, Rea, Severns, Smith, Welch, Zito and Mr. President.

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Topinka, do you question the presence of any Member who voted in the affirmative?

Yes. Senator Lechowicz, please.

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

I think that does it.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. 0n the question, the Ayes are 29# the Nays are l24  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 3 voting Present. The -- Senator Smith -- requests postponed consideration. Postponed consideration. 3610. Senator Dunn. Eouse Bill 3610. Senator Dunn.

Thank youe Mr. President. That's been filed, but not distributed.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 riqht. Let's take it out of the record and come back to it. Page 2 on Supplemental Calendar No. 1. 4178, House Bill. Jones. House Bill 4178, Madam Secretary.

First Conference Committee Report on House Bill 4178.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones.

ïeah. Thank you, Mr. President and Members of the Senate. I move that the House <sic> non-concur -- do not adopt Conference Committee Report 4178. The House has already acted on this Conference Committee Report and rejected it, so I in turn request a Second Conference Committee Report.

PRESIDING OPPICER: (SENATOR DEMDZIO) All right. Senator Jones has requested that the Senate not adopt -- but the question will be placed in the affirmative, Senator Jones. The question is, shall the Senate adopt the First Conference Committee Report on House Bill 4178. Those in favor Will vote Aye. Those opposed, Nay. The voking is open. Have a11 voted who wish? Have all voted Who Wish? Have al1 voted who Wish? Take the record. On that question, the Ayes are 7, the Nays are 27, 2 voting Present. The Senate does not adopt -- does not adopt the First Conference Committee Report, and the Secretary shall so inform the House. Senate Bill 2306, Madam Secretary.

l25  STATE OF ILLINOIS 86th GENERAL ASSBMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslative Day June 29, 1990 First Conference Committee Report on Senate Bil1 2306. END 0F TAPE TAPE 4

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The Conference Committee Report on Senate Bill 2306 concurs in the initial House amendment. The idea was on demolition of properties, and the House added a correct amendment on notice of lien on costs incurred within a municipality for repairs and demolition. In addition, it adds provisions to permit municipalities over one hundred thousand population to provide, by ordinance, for code hearing units to expedite prosecution of code violations commonly known as f1y dumpinq. This would be of certain solid waste products, demolition materials, and so on so to allow for an expedited hearing process to deal With those people who have been engaging in the act of fly dumping . Thirdly, it specifically states the beginning of the term of office in the City of Chicaqo for the Clerk, Treasurer and Aldermen, which would be noon the first Monday of the month followin: their election. I would ask for adoption of Conference Committee Report No. 1 and answer any questions.

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

Thank you, Mr. President. Will the sponsor yield for a question? l26  STATC OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

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

Senator, the provision on the administrative recourse for the municipalities over a hundred thousand - is that permissive?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Yes. We qave them the ability to establish by ordinance.

PRESIDING OFPSCER: (SENATOR DEMUZIO) Senator Carroll.

I1d prefer a favorable roll call. PRESIDING OPFICER (SENATOR DEMUZIO) Question is, shall the Senate adopt the Pirst Conference Committee Report on Senate Bill 2306. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 55, the Nays are none, none voting Present. The Senate does adopt the First Conference Committee Report on 2306, and the bill, having received the required constitutional majority, is declared passed. Supplemental Calendar uo. ao.tmachkne eutoffl... Second Supplemental Calendar. Looks like Marovitz, Marovitz, Jones, Reaz Holmberg. Supplemental Calendar No. 2 is House Bill 1550. fenator Marovltz. 1-5-S-0. House Bill, Madam Secretary.

First Conference Committee Report on House Bill 1550.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Marovitz.

Thank you very much, KI. Presiient and Membezs of the Senate. l27  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 House Bill 1550 disallows contracts between the board and its members unless the unit owners are afforded an opportunity to disapprove the contract. It establishes criteria for determinin: the reserves to be budqeted. Last year we passed a bill unanimously in the Senate requiring reserves in condominium associations. There was some question about what that was. This jusk defines what we meant by 'Ireasonable reserves.'' That's somethinq that we passed last year. It makes requirements applicable to single associations, applicable to master associations. It specifies if a unit owner disputes the value of his unit upon the sale of the building, he 's allowed to designate an appraiser. Motions with respect to pleadings: involuntary dismissal, and for some rejudgment can be filed together as a sinqle motion. Regarding the -- insurance, it allows a domestic insurance company with capital surplus of five million dollars or more to reinsure the business of title insurance companies. It establishes an immediate effective date for House Bill 3834 and 3740 that was passed this Session. That was specifically requested by the Department of Insurance, and it develops and administers the Attorney Student Loan Repayment Assistance Program to assist new lawyers who are in underserviced areas with repayments of their loans, and I would solicit your Aye vcte.

PRESIDING OFFICZR: (SENATOR DEMDZIO) Discussion? Senator Barkhausen.

Mr. President and Members, I tbink there may be some questions on some of our Members on our side with regard to the Attorney Student Loan Repayment Assistance Act. I'm not -- I'm not quite sure how that's supposed to work. I -- I would only point out to - - to the Members that might object to that, that there's no money in here or anywhere else for this particular program. think it's questionable whether -- whether this particular provision and l28  STATE OF ILLINOIS 86th GBNERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 program - Whatever - come to pass, there are, in my opinion at i I least, a couple of things in this bill that are necessary, particularly with regard to establishing immediate effective dates for two separate pieces of legislation that we have passed for the Department of Insurance. And so I urge support for those , and otherwise ask the Members to support this Conference Committee Report.

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

I had a questkon of the sponsor. Question.

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

Senator Marovitz, on your Student -- Attorney Student Loan Repayment Assistance Program -- if there isn't any money in that, do you anticipate there be a waiver for lawyers from the Student Loan Board or from the Assistance Commission, so that lawyers who have student loans may get something waived instead of getting paid extra?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

No, I do not anticipate a waiver. Absolutely not: and I would reiterate that there are no State funds here, and I do not anElcipaEe a waiver. This is someEhing thaE khe Supreme court suggested, and kf they can set up some rules to admînister this, then it will go into effect; and if they don't set up rules within two years, then this Whole program is abrogated and won't ever begin, but there will not be any waiver of any attorney's loans.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. WGN has requested permission to videotape. Is l29  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 leave granted? Leave is granted. Further discussion? Senator Keats.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 1'11 make a quick statement, then I have some questions. First of allz you may have noticed if you are looking at her desk for a Conference Committee Report that looks about as thick as your cary that's this one. Itls a hundred and nineteen pages long. You know, we sometimes question what goes into these last-minute ones - - hundred-and-nineteen-page Conference Commiktee Report. Some of these things were introduced, but were left in the Rules Committee, but some of it is new, and -- and Senator Welch raised a queskion on one that I will ask Senator Marovitz a question on. This would allow the Supreme Court, in talkinq to the Student Assistance Association, to come up with some way to deal With the student loans of attorneys who are now working for the government. Now if youlre in the private sector, this doesnlt do you any good. They would tax private sector lawyers, and the Supreme Court would do this on their own, without legislative authorization -- tax private sector people to subsidize college loans of people would have chosen to be, say, a State's Attorney or whatever . Now most of us know that the majority - and Cook County'd be an example, because there are many people who are here who are aware of it - they 'll serve a couple years as an Assistant State's Attorney to gain experience and then go out in the private sector. So what you really are guaranteeing is tha: these people will qeE a real break on their loan. We will have no authorization on how it's done. The Supreme Court will tax the private sector. By the way, I'm assuming unaudited funds to subsidize the public sector, and they may get to decide how to do it based on number of State's Attorneys, Which, of course, would vary based on county, as you can tell. From a downstater's point of view, I would be a touch l30 i  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 nervous about that kind of provision, and I Would remind you this provision has never been seen in a bill; never been seen in a conference committee report, until now; never had a public hearing; never been discussed. You sometimes wonder why people Wonder about what we do - this is a perfect exanple. Nobody has seen it. We don't even know for sure how it will be implemented. We are handing the Supreme Court the equivalent to the rîght to kax, and I am assuming, unaudited funds. This is an intereàting kicker. I conclude by simply asking a question . Senator Marovitz, would you be willing to include something that says this fund would be an auditable fund? Would the Supreme Court accept us auditing them taxing the private sector to subsidize the public sector?

PRESIDING OFFICER: (SENATQR DEMDZIO) Senator Marovitz.

The answer is an unequlvocal yes. Absolutely. I'd be very happy, and I Would agree With you a hundred percent.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Keats.

Would you put that amendment on for us? 'Cause I have a feeling khat the Supleme Court won't accept that . trust your word. They haven't allowed anything to be audited. So I just throw that out as something to consider, and I appreciate your word, because that does improve the credibility factor . But rememberg no one's ever seen this. No one has ever seen this. We haven't the faintest idea how it's going to Work on a hundred-and-nineteen-page report.

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

13l  STATE OF ILLINOIS 1 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslative Day June 29, 1990 Thank you, Mr. President. 0n another issuet there is added to this bill another provision which has never seen the light of day in any committee; had not surfaced until the last closing hours of the Legislature, and that's the provision that would allow a domestic insurance company to go into the business of reinsuring title insurance companies. I don't even know if it's a bad idea. The poink is that these people don't have the courtesy nor the good judgment to bring their issues to the Legislature and 1et us look at khem before they bring it in and try to sneak it under the tent at the last minute. NoW the Department of Insurance apparently doesn't have any objection to this idea, but you may have some objection and I may have some objection. On a hundred-and-forty-seven-page bill, as Senator Keats has said, with some very good provisions in Some things we ought to do. They try to sneak in some of these issues that shouldn't be in there, at the last minute, and I am in a mood to reject this thing, and let them come back with something we can supporE.

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

Question of the sponsor.

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

Senator Marovitz, the Attorney Student Loan Repayment Assistance Act is this one of a kind or is there any other profession in the State of Illinois that has a similar program?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

I'm glad you asked that. The doctors have a very similar program to -- to help repay and contribute money for physicians l32  STATE OF ILLINOIS 86th GENERAL ASSEMBLX l REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29: 1990 who serve in underserviced and underprivileged areas -- very similar to this. The doctors have it, and Ilm glad you asked that question.

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

Thank you...

PRESIDING OPEICER: (SENATOR DZMUZIO) Senator Marovitz may close.

Thank you very mueh, Mr. President. I just would add this is a long -- this is a long bill. Itîs over a hundred pages. Well over half of this bill is the insurance portion of the bill that was requested by the Department of Insurance so that they could have an immediate effective date on a couple of very important pieces of legislation, to them. The entire bills were repeated in here, and that was requested by the Department of Insurance, and that is a very important part of the legislation and makes up over fifty percent of the -- of the legislation itself. Regarding the -- the lawyers' loan thing, the Supreme Court today set the fees in the ARDC Attorney's Registration and Disciplinary Committee - and administer those fees. They set those today in order to police the legal profession. As Senator Dudycz brought up, the the doctors already have this in order to serve rural areas and areas where physicians are needed. This does Ehe same khing where attorneys may be needed. If the Supreme Court can ': set this up, it will not even go into effect. There are no public funds for this. There are no State funds for this. There's a lot of condominium 1aW in here that is -- has been requested by condominium associations throughout *he State of Illinois. The Insurance Department is for this. They have some very important pieces of legislation in thisy and I would solicit 133  ; STATE OF ILLINOIS ! 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 your Aye vote. PRESIDING OFPICER: (SENATOR DEMUZIO) Question isx shall the Senate adopt the First Conference Committee Report on House Bill 1550. Those in favor Wil1 vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who wish? Have a1l voted Who wish? Have all voted who wish? Take the record. On that questionz the Ayes are l4, the Nays are 37, 1 voting Present. The Senate -- the Conference Committee Report is not adopted, and the Secretary shall so inform the gouse. 4124. Senator Marovitz. House Bill 4124, Madam Secretary. SECRETARX HAWKER: Pirst Corrected Conference Committee Report on House Bill 4124. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz. SENATOR MAROVITZ: We are waiting for the staff to come up with the analysis. PRESIDING OFPICER: (SENATOR DEMUZIO) Do you care Eo identify the -- Senator Marovitz. SENATOR MAROVITZ: Okay. This is the Drug-free Schools and Communties Act. The -- tax checkoff - income tax checkoff - is in here for DASA . It revises the distribution system of the funds created by the Youth Drug Abuse Prevention Fund income tax checkoff. It commits -- it creates an income tax checkoff for the United States Olympic Commiteee Fund. Requires khe Department of Corrections to test inmates for illegal drugs prior to early release. If that early release is based on meritorious good time, not just day for day, but if itds based on meritorious good time, then they will be tested for illegal drugs prior to their release. Creates the Cannabîs and Controlled Substances Tort Claims Act. Provides that a person is civilly liable for the use of any property in l34  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 violation of the Cannabis Control Act or the Illinois Controlled Substances Act if there is delivery under -- under the Act to a minor; delivery of a substance under such Act which is later involved in a transaction giving rise to the cause of action under this Act. And I would ask for adoption of the Conference Commiktee.

PRESIDING OPPICER: (SENATOR DEMUZIO) Is there discussion? Senator Barkhausen.

Senator Marovitz, I believe that I signed this report: but do have a question about the one provision that I had some discussion with your staff about, relating to a period of thirty monkhs' probation and periodic drug testing for Class 4 felonies under the Controlled Substances Act, and providin: that if this period was successfully completed without any additional offenses, that there Would be no conviction of record. Is that -- is that still in the Conference Committee Report?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz. Is that a question? Senator Marovitz.

It's my understanding that that is not in this bill. That provision Which you are referring to, Senator Barkhausen, is not in this bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator further discussion? Senator Etheredge. Senator Etheredqe.

Will the sponsor yieldg Mr. President?

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

Senator, I noticed in reading the Conference Committee Report 135  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 here - beginning about halfway throuqh Page l and then continuing over on Page 2 - there are a series of deletions here. The words ''and alcoholy'' ''and alcoholr'' ''and alcohol'' are deleted. May ask why you have deleted alcohol from the Druq-free Schools and Communities Proqram?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Marovitz.

We Were asked to delete alcohol and make this the - as it Was intended the Drug-free Schools and Communities Act. This bill - - this bill deals With drugs and only drugs, and does not deal wkth alcohol abuse.

PRESIDING OFFICER: (SENKTOR DEMUZIO) Further discussion? Senator Ekheredge.

Well, would just make the -- the comment - it seems to be that the a1l too commonly among young people, the drug of abuse is alcohol. It seems to me that by deleting alcohol youtve deleted wbat should be a very important element in a drug-free school program.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

That wasn't a question, itds... He didn't ask me a question.

PRESIDING OPFICER: (SENATOR DEMUZIO) Purther discussion? Senator Etheredqe. A1l right. senatçr Marovitz may close.

I would just close by saying this is the Drug-free Schools and Communities Act. That's what it is. It's not the druq- and alcohol-free schools, and maybe it should be. And I wouldnlt dksagree. But the fact ks it is -- it is the Drug-free Schools 136  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 and Communikies Act. That's What it -- it is What it says, and 1 would solicit your Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is -- shall the Senate adopt the First Corrected Conference Committee Report on House Bill 4124. Those in favor will vote Aye. Those opposed, Nay. The votinq is open. Have al1 voked who wish? Have a1l voted who wish? Have all voked who wish? Have al1 voted Who wish? Take the record. On that questiony the Ayes are 55, the Nays are none, none voting Present. The Senate does adopt the Pirst Corrected Conference Committee Report on House Bill 4124, and the bill, having received the required constitutlonal majority, is declared passed. Senate Bill 1523, Madam Secretary.

First Conference Committee Report on Senate Bill 1523.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Yeah. Thank you, Mr. President and Members of khe Senate. move the Senate adopt the First Conference Committee Report on Senate 3ill 1523. The Conference Committee Report contains the original bill which establlshes five hundred scholarships to be -- to be given annually beginnin: in the fall of '91-192. House Amendment No. 1 changes the employment and scholarship repayment requirements. House Amendment No. 2 creates the Illinois Peace Corps Fellowship Program. Amendment No. requires Drivers Ed courses to include instructions on DUI. Amendment No. 4 expands the definition of ''approved institutions'' for the purpose of eligibility for nursing scholarships. Amendment No. 5 provides for grants for the teachers Who obtain -- Who obtain employment in the public or private sectörs to gain practical knowledge in thaè subject. Amendment No. 6 requires Drivers Ed to cover organ donor  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990 proqrams. Amendment No. 7 adds provisions increasïng the annual per eapita in area grants for public libraries. So I move the adoption of Conference Committee Report No. 1 to Senate Bill 1523.

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

If I may have a question of the sponsor, and that is. ..

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

Yes. Does this in any way mess with the scholarship program for nurses? That Was my bill that we passed out, or is complimentary to?

PRESIDING OFPICER: (SENKQUR DEKUZIU) Senator Jones.

With you with you, Senator Topinka, it's always complimentary.

PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, shall the Senate adopt the First Conference Commitkee Report on Senate Sill 1523. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted Who wish? Have a1l voted Who wish? Take the record. On that question, the Ayes are 58# the Nays are none, none voting Present. The Senate does adopt the Pirst Conference committee Report on Senate Bil1 1523: and the bill, having received the required constitutional majority, is declared passed. Senate Bill 1702, Madam Secretary.

First Conference Committee Report on Senate Bill 1702.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea ...tmachine cutoffl... 138  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

Thank you, Mr. President. I Would move for concurrence on -- or for the adoption of the Conference Committee Report on Senate Bill 1702. 1702. Thks Conference Report concurs in House Amendment whieh exempts landscape waste collected in street sweeping operations from the landfill ban, and requires public notice for a compost facility permits. And under the Private Disposal Licensing Act a person who cleans, pumps, or hauls, or disposes of wastes from an underground coal mlne is exempt frcm the licensin: requirements, and such Waste shall be disposed of in a sanitary manner. And finally, the definition, 'owner/operator of hazardous waste facility' is clarified to mean in the case of a land trust or the person having an interest in such trust. I Would move for the adoption of -- of the Conference Committee Report. PRESIDING OFFICER (SENATOR DEMUZIO) Discussion? If not, the question is, shall the Senate adopt the First Conference Committee Report on -- Senate Bill 1702. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who Wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. The Senate does adopt the First Conference Committee Report on Senate Bill 1702, and the bill, having received the required constitutional majority, is declared passed. Senate Bill 1884. Senator Holmberq. 1884, Madam Secretary.

First Conference Committee Report on Senate Bill 1884.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudyczg for what purpose do you arise? Senator Holmberq.

139  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Thank you, Mr. President. This Conference Committee Report is basically a bill that passed out of here on the Agreed Bill List. It -- the House recedes from House Amendment No. wbich deleted the bill's immediate effective date. It keeps two of the House amendments; Amendment No. 2, which permits alcoholic liquor to be delivered to and dispensed on the Dekalb County Courthouse grounds only in connection with one particular function this summer, and then a second provision from the Department of Conservaeion, which permits alcoholic liquor to be sold the Department of conservation controlled buildings: and exempks the DOC concessionaires from the local control and local referendum provisions of the Liquor Control Act.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? The question is, shall the Senate adopt the Senator Schaffer.

I'm just curious. What are we doinq on the 20th of July at the DeKalb County Courthouse that requires liquor? Is it a parkicularly tough landfill meetlng of the county board or what? PRESIDING OFFICERZ (SENATOR DEMUZIO) Senator Holmberg.

As I remember the explanation to me could have this a little bit wrong - I think it's whoever -- first was the director of the County Courthouse is retiring, and they wanted to have a party on the premises, and found out they could not do this without special permissionz and wish to do it for a one-time thing .

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

I Wanted to answer Senator Schaffer's question. It was my 140  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslative Day June 29, 1990 understandkng there is a Republkcan judge Who is going to bave a party there, so they wanted to serve liquor.

PRESIDING OPPICER: (SENATOR DEKUZIO) Question is: shall the Senate adopt the First Conference Committee Report on Senate Bill 1884. Those in favor: vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted.who wish? Have all voted who wish? Take the record. On that question, the Ayes are 4l, the Nays are 9, voting Present. The Senate does adopt the First Conference Committee Report on Senate Bill 1884, and the bill: having received the required constitutional majority, is declared passed. Senate Bill 1-9-6-0, Madam Secretary.

First Conference Committee Report on Senate Bill 1960.

PRESIDING OFFTCER: (SENATOR DEMUZIO) Senator Collins.

ïes. Thank you, Mr. President. The Pirst Conference Committee Report on Senate Bill 1960 is the bill that We passed ouk of here creating the special task force to address some of the critical social and economic issues confronting African-American males. There was some discussion about the appointments not bein: equally divided between the Democrats and the Republicans, so the Conference Committee Report addressed that issue. It is noW split equally down -- the appointments will be the same, and also there's some technkcal corrections as it relatéd to the reporting day. I will be happy to answer any questions. If not, would juot move Eor its adoption and appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall the Senate adopt the First Conference Report on Senate Bill 1960. Those in favor wkll vote Aye. Those opposed ? Nay. The voting ks open . Have a11 l41  STATE OF ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 voted who wksh? Have all voeed who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 55, the Nays are none, none votinq Present. The Senate does adopt the Pirst Conference Committee Report on Senate Bill 1960. and the bkll, havkng received the required conskitutional majority, is deelared passed. Senate Bill 2231. Senator Welch. Senator Welch on khe Ploor? Senate Bill 2277. Senator Rea. House Bill -- I'm sorry. Senate Bill 2277, Madam Secretary: please.

First Conference Committee Report on Senate Bill 2277.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea.

Thank you, Mr. President. I would move for adoption of Conference Committee Report on Senate Bill 2277. 2277 retains the bill, as amended by House Amendment and deals with the concerns of the Illinois Primary Health Care Associationy and the Campaign for Better Hea1th Care. It also provide provisions as passed by the Senate in Senate Bill 2277 Which pertains to community health centers. There ks not a funding mechantsm for the bill. However, this bill is endorsed by the Lieutenant Governor, by the Department of Public Aid, hospital, doctors and other health care providers. think that this is a good start in a comprehensive program, and certainly feel that it's something ehat we need to really give consideration to between noW and November, as to what the funding meehanism will be. And wedll be coming back in November, hopefully with some type of proposal as to the funding mechanism . I would move for adoption of this Conference Committee Report.

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

142 %  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Yes: Mr. Chairman. I Would like the the Chamber to know that Senator Rea's done remarkable work in cleaning up this bill, and it's quite acceptable at this poink. PRESIDING OFFICER) (SENATOR DEMUZIO) Question is, shall the Senate adopt the First Conference Comnittee Report on Senate Bill 2277. Those in favor will vote Aye . Those opposed, Nay. The voting 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 53, the Nays are none, none voking Present. The Senate does adopt the First Conference Committee Report on Senate Bill 2277, and the bill, having received the required constitutional majority, is declared passed. Senator Welch. 2231. All riqht. Next -- Paqe 3 or Supplemental No. 3. All riqht. Supplemental Calendar No. 3 is just now being distributed. So while -- Senator Schaffer, what purpose do you arise?

Mr. President, on a point of personal privilege. I have discovered there are two people in the gallery that were down here lobbying on the DeKalb Counky Courthouse Drinking Bill. Kayla Kittleson and Patty Racine from DeKalb, and I just want to let them know they'll be able to have their party in July and have -- be able ko drink whatever they choose.

PRESIDING OFFICER: (SENATOR LUFT) Yeah. Do they dare rise? Conqratulations. We will stand at ease for a second until tbe Calendar is dtstributed. e..tmachine cutoffl... We will go in this order: it will be DeAngelis, Collins, Jacobs, Thomas Dunn, Daley, Rea, Welch and Maitland. .p. tmachine cutoffl... Messages from the House.

A Message from the House by Mr. O'Brien, Clerk. Mr. President I am directed to inform the Senate that l43  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l12kh Legkslative Day June 29, 1990 the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 2083, together with the following amendments which are attached, in the adoption of Whieh I am instructed to ask the concurrence of the Senate, ko wit: House Amendments 3 and 5. Passed the House, as amendedz June 29, 1990.

PRESIDING OFFICER: (SENATOR LUFT) Secretary's Desk, Concurrence. Supplemental Calendar No. 3, Conference Commtttee Reports, ks Rouse Bkll 2647. Senator DeAngelis. Read the report, Madam Secretary. Madam Secretary.

First Conference Committee Report on House Bill 2647.

PRESIDING OFFICER: (SENATOR LUFT) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. The Conference Committee Report -- First Conference Committee Report on House Bill 2647 puts *he bill in the form that it was When it left the Senate. We put an amendnent on taking something out that We found to be objectionable. The House refused to concur. We refused to recede; it went knto conference, and the bkll is now the way kt was when it left the Senate, and I urge the adoption of First Conference Committee Report on House Bill 2647.

PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is# shall the Senate adopt the Conference Committee Report on House Bill 2647. Those in favor will vote Aye. Opposed, vote Nay. The voting ks open. Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Take the recordz pleasez Madam Secretary . On that question, the Ayes are 53, the Nays are 3, none voting 144  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Present. House Bill and the Senate does adopt the Conference Committee Report on House Bill 2647. The bill, havin: received the requtred constitutional majority, is declared passed. House Bill 2899. Senator Collins. Madam Secretary.

Firsk Conference Committee Report on House Bill 2899 .

PRESIDING OFFICER: (SENATOR LUFT) Senator Colkins.

Yes. Thank you, Mr. President and Members of the Senate. House Bill 2899 is the bill that We passed Which gave the CTA in Chicago the -- the authority to require background investiqations -- would include fingerprinting on those carriers -- bus drivers that private contracts with the Chicago Transit Authority. We are talking about those who move senior citizens and others who enter into contracts With the Chicago Transit Authority. In addition to that, there was an amendment included on the bill which also alloved them as many other cities are -- use electronic tickeeing devices -- automatic ticket-writing system to not to require the signatures of -- of the 1aw -- of the officers on some of those, and it also takes out the amendment that Were put on by Senator Watson, which dealt with the adverkisement problem that -- that has been -- some feel that it is offensive. And that's al1 it does at this particular time, and I would be happy to answer any questions. If not, I would move the adoption and appreciate a favorable roll call.

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

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

PRESIDING OFFICER: (SENATOR LUFT) Sponsor indicates shedll yield. l45  STATE OF ILLINOIS 86th GENERAL ASSENBLY REGULAR SESSION SENATE TRANSCRIPT 112tb Legkslative Day June 29, 1990

Some confusion here, Senator, as far as Amendment No. Amendment No. 4 Was the language that would ban the posters being put on the CTA buses. Some confusion on our side as to whether or not that provision is in this Conference Committee Report or not.

PRESIDING OFFICER: (SENATOR LUFT) Senator Collins.

According to the staff - and you know that there have been several of these things floating back and forth - this is the one which takes out that that amendment whieh dealt Wtth the advertisement.

PRESIDING OFFICER: (SENATOR LUFT) Senator Watson.

Okay. Thank you. Thakfs what I thought Senator, and Ehank you . It's unfortunate, and when I passed out a eopy of the poster that is bekng proposed to be put on CTA buses in Chicagor and think most of you - or a lot of you have come around and commented about the poster, and it is, most of you feel, very offensive. You know, we're catchinq a 1ot of heat from some qroups sayinq that what we've done here is in one way or another not supporting the concern for -- for the AIDS problem. But if you look at the poster, and you read the language on the poster, and it says, ''Kissing doesn't kill - greed and indifference doz'' really no* sure whaE kind of message theylre trylng to send to the people of - in this partieular case - Chicago. I think that this -- this language to prohibit the CTA from displaying this poster should go back and come into this Conference Committee Report. We have prepared a Second Conference Committee Report signed by five Members. A sixth Member Will slgn this upon, hopefullyg the defeat of this particular Conference Committee: and ke'll file l46  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislatkve Day June 29, 1990 this report. It'1l have identical languaqe as it -- that's in current Conference Committee Report No. 1, plus we'll put back in the language that wil1 prohibit the CTA from displaying posters such as we have here, and you know, this is very offensive to me and most of the people that I've discussed it with. So I would appreciate a No vote. Let's send it back to conference, and get this provision back in the bill. Thank you.

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

ïeah. Thank you, Mr. President. Maybe *he -- the previous speaker here -- I've got this copy. I just wonder which one of the photographs you found that you were in opposition to. ..o tmachine cutoffl...

PRESIDING OFPICER: (SENATOR LUFT) Further discussion? Senator Marovitz. Further discussion? Further discussion? If'not, Senator Collins, to close.

Yes: khank you. I -- I served on that commitEee. I was asked to qo in and -- and to discuss how to attempt ko address this problem: and while I understand What Senator Watson is trying to do, from the beginning I said that I did not believe that that amendment would stand the constitutional test. It may send the message. However, don't think the courts would uphold it. understand it; howeverv the sponsor of the bill does not Wish it to be attached to the bill. It is not mine; it is a House bill . Therefore will abide by the wishes of the sponsor, and I Would hope that you would also, and give an affirmative vote.

PRESIDING OFFICER: (SENATOR LUFT) A1l right. The question isz shall the Senate adopt the Conference Committee Report on House Bill 2899. Those in favor will vote Aye. Opposed, vote Nay. The voting is open.  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 e.. tmachine cutoffl... Have all voted Who wished? Have a11 voted who wish? Have all voted Who wished? .o.tmachine cutoffl... Take the record, please, Madam Secretary. On that question: the Ayes are 14, the Nays are 40, 1 voting Present, and the Conference Committee Report is not adopted. The Secretary shall so inform the House. On the Order of Conference Committee Reports on Supplemental Calendar No. is House Bi11 3-1-5-3. Senator Jacobs. Madam Secretary.

First Conference Committee ReporE on 3153.

PRESIDING OFFICER: (SENATOR LUFT) Senator Jacobs.

Thank you, Mr. President. I Would move that we adopt the First Conference Committee on House Bill 3153, which includes a number of things from the speedup of the home rule sales tax to the water and school construction projects, and I Would ask for an Aye -- Aye vote. I would like to turn over the rest of my time to Senator Demuzio.

PRESIDING OFFICER: (SENATOR LUFT) Senator Demuzio.

Yes, thanks. I want to congratulate Senators Woodyard and Senator Rigney, and Senator Schaffer, and everybody who worked on this particular bill. I think it's it's a great billy and would ask for your support.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? If not, the question is, shall the Senate adopt the Conference Committee ReporE on House Bill 3153. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted who wished? Have a1l voted who wished? Have all voted who wished? Take the record, please,  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRIPT 112th Legislative Day June 29z 1990 Madam Seeretary. On tbat question, the Ayes are 57, the Nays are none, voting Present, and the Senate does adopt the Conference Committee Report on House Bill 3153. The bill, having received the required constitutional majority: is declared passed. House B1ll 3610. Senator Dunn, Thomas. Madam Secretary.

First Conference -- First Corrected Conference Committee Report on House Bill 3610.

PRESIDING OFFICER: (SENATOR LUFT) Senator Dunn. SENATOR T. DSNN ) Thank you, Mr. President. This is the Drug Asset Forfeiture Procedure Act, and it provides that real property is subject to forfeiture upon the delivery: possession with intent to deliver, or a calculated drug conspiracy under the Controlled Substances Act. For property to be exempt from forfeiture the claimant must prove that he is a non-coconspirator with the offender. Real property can only be forfeited under Section 401 or 405 of the Controlled Substances Act, and real property cannot be iorfeited under the provisions of the Cannabis Control Act. Originally the bill provided for forfeiture of real property under the Cannabis Control hct. Those provisions wete specifically removed by Conference Committee Report so that the 1aw will now provide only for forfeiture of real property or delivery of a controlled substance. This is agreed to by the State's Attorneys, Appellate Prosecutor, the cook County State 's Attorney, the Attorney General, State Police, the Chiefs of Police, Chicago Police, the Realtors. The vote in the House about ten minutes ago was 106 to 7. It changes the distribution schedule by agreement with a11 parties. It eliminates the Steroid Control Act. Reduces the time period for which State's Attorneys muse be notified of a forfeiture or seizure from sixty to fifty-two days. And personal 149  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29: 1990 property is subject to forfeiture upon any felony violation of the Cannabis Conkrol or Controlled Substances Act. Be happy to answer any questions.

PRESIDING OFPICER: (SENATOR LUFT) Discussion? Senator Geo-Earls.

Sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LUFT) Gponsor kndicates helll ykeld. Senator Geo-Karis.

Does this btll now - this Conference Report - provide for the seizure of property where the certain drug offenses occur, regardless of whether the drug offender owns the property?

PRESIDING OFPICER: (SENATOR LUFT) Senator Dunn.

The property owner, Senator, would have to be a coconspirator in some manner.

PRESIDING OFFICER: (SENATOR LUFT) Senator Geo-Raris.

But this bill does provide for forfeiture of the property to the S*ater even the owner is an innocent third party not accused of any crime. Isn't that right?

PRESIDING OFFICER: (SENATOR LUPT) Senator Dunn.

That's been changed, Senator, so the answer would be no.

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

Well. Mr. President and Ladies and Gentlemen of the Senate, 150  ! 1 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 eertainly will support the bill. I just want to make it a matter of leqislative intent that the innocent parties will not be harmed, and will have recourse by an injunction in the court if it occurs that innocent landowners or landlords are accused.

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

Thank you. Just to clarify that pointy in case people didn't hear it. The Realtors are now in favor of the bill. The provision they were concerned about has been reworded to their satisfaction. I rise to ask a question of the sponsor, please.

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

I believe -- if I could find where it is in here. It says something about this -- this Conference Committee removes the Steroid Act.

PRESIDING OFFICER: (SENATOR LUFT) Senator Dunn.

It does not affeat the Steroid Act. The Steroid Act is still in full force and effect.

PRESIDING OFFICER: (SENATOR LUFT) Furthet discussion? Senator Hawkinson.

Thank you, Mr. President. I rise in support of khis bill. I want to conqratulate the sponsor and a1l the groups that worked long and hard Ehis week. We had dual bills proceeding. I think the concerns of the parties have largely been addressed. I know the Realtors have been turned around on the bill. The law enforcenen: groups are solâdly behind it. It's a -- it's a positive step forward in our Asset Forfeiture Law. It will allow l51  STATE OF ILLINOIS 86th GENEQAL ASSEMBLY REGULAR SESSION SENATE TEANSCRIPT 112th Legislative Day June 29, 1990 us to join the battle better against the crack houses, the cocaine houses, and the people whose property we need to be forfeiting, and I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR LUFT) Further diseussion? Purther discussion? Senator Dunn, you wish to close?

I want to thank the -- Senator Hawkinson for his assistanee in this bille as well as the staff of b0th sides. I urge an. Aye vote.

PRESIDING OFFICER: (SENATOR LUFT) Question is, shall the Senate adopt the Conference Committee Report on Houoe Bill 3610. Those in favor will vote Aye. ôpposed, zote Nay. 'he voting is open. Have a11 voted who wish? Have a11 voted who wished? Have a11 voted Who wished? Take the record, pleaser Mr. Secretary. On khat question, the Ayes are 56, the Nays are none, none votin: Present. The Senate does adopt the Conference Committee Report on House Bill 3-6-1-0. The bill, havin: received the required constitutional majority, is declared passed. House Bill 3-8-2-4. Senator Daley. Mr. Secretary.

ACTING SECRETARV: (MR. NADRY) First Conference Committee Report on House Bill 3824.

PRESIDING OFFICER: (SENATOR LUFT) Senator Daley.

Thank you, Mr. President and Members of the Senate. move the adoption of the First Conference Committee Report on House Bi11 3824. and what the Conference Commlttee Report contains is provisions sought by the State Board of Elections , the Administrative Courts of the Illinois Courts, the Township Officials. And what the bill contaïns ks photo registration tapes submitted to the State Board of Election shall include primary 152  STATE OP ILLTNOIS 86th GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCRIPT ! 112th Legislative Day June 29: 1990 voter history. Requires a list of election judges to be made available to tbe public within ten business days followkn: the election. It requires the State Board to design a standard and random method of selecting precinct subjects to retabulation for use by election authorities. It requires the election judge's certificate of results to be a document used for *he officials' canvass. It establishes noon on the first Monday in May as the beginning of the term for the Chicago City Clerk: Treasurer and Aldermen. It also states that a candidate defeated in nomination for office by a party -- by a political party caucus is ineligible to run as a candidate for another politkcal party. It gives the Skate Board of Election as election date to process objections to nominating petition. It provides for an election to fill a vacancy in the Office of the Circuit Clerk. Tt establishes a process by the Administrative Office of Illinois Courts to certify vacancies to the State Board of Elections. It adds references to State central -- committeewomen. It deletes provisions probibiting a voter from signing nomknatin: petitions àf the voter votes in a different primary within two previous years . It requires the election authorities to keep their offices open additional hours during the period for petition challenge, if requested by a challenger, and it deletes languages that contradict provisions of federal law regarding polling plaee accessibility. What this bill does not contain are tWo provisions that were in here previously by Senator Dudycz, and those were a jolnt -- a Statewidê absenEee ballot applieation, as well as a provksion for filing petittons in Chicagog as well as Springfield. I'd be happy to answer any questions.

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

Thank you, Mr. President. Senator Dàley, it's my 153 I  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislattve Day June 29w 1990 underatanding that the Governorfs Office and the Speakerês Office are in soae very delicate negotiations as we speak. Would you be willinq to hold the Conference Committee until those negotiations have concluded?

PRESIDING OFFICER: (SENATOR LUFT) Senator Daley.

Senator, as I indicated to you when you told me that, I did call the Speaker's Office, and I was informed that they were not meeting on this. And there Was not any meeting on this at all. And they would urge the -- ko -- to move on this bill.

PRESIDING OFFICER: (SENATOR LUFT) Senator Dudycz.

Well, Senator Daley, the last I heard that the Governor was -- or the Governor's Office was in communication vieh the Speaker's dffice, attempting to get a provision that we in the Senate passed out of this Body three times, and that is the uniform absentee ballot provision that we've been trying to :et passed and the House has been killing. I Would urge at least the Members on this side, hopefully everybody in this Body, ko reject this First Conference Committee Report until those negokiations have concluded, and hopefully We can include that provision in the Second Conference Committee Report. I would strongly urge that everyone just vote Present, and bope that we can resolve this in a Eecond Conference Commiteee.

PRESIDING OFFICER: (SENATOR LUFT) ..o tmachine cutoffl... Further discussion? Further discussion? Senator Daley, you wish to close?

Simply, Mr. President, that as I said, there are this is this is the final bill, and I did talk to the Speaker's Office. l54  STATE 0F ILLINOIS 86th GDNERAL ASSEMBLY REGZLAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 And my understanding is that they're not meetin: on this billr so I would move adoption of the First Conference Committee Report on House Bill 3824. PRESIDING OFFICERI (SENATOR LUFT) The question is, shall the Senate adopt the Conference Committee Report on House Bill 3824. Those in favor will vote Aye. Those opposed, vote Nay. The votin: is open. Have a1l voted who wished? Have al1 voted who wished? Have all voted who wish? Last time. Have al1 voted Who wish? Take the record, please: Mr. Secretary. On that question, the Ayes are 30, the Nays are none, 26 voting Present. The Senate does adopt the Conferenee Commkttee Report on House Bi11 3824. The bill, having received the required constitutional majority, is declared passed. Senator Dudycz, for what purpose do you seek recognition?

I'm sorry, Mr. Fresident. I Would like to verkfy tbe affirmative vote.

PRESIDING OFFICER: (SENATOR LUFT) A11 right. Senator Dudycz has requested a verification. Al1 Members please be in their seats, and the Secretary please read the affirmative votes.

ACTING SECRETARY: (MR. HAPRY) The following voted in the affirmative: Alexander, Berman, Brookins, Carroll, Collins, Daley, D'Arcos del Valle, Demuzio, Thomas Dunn, Hall, Holmberg: Jacobs, Jones, J.E. Joyce, J.J . Joyce, Kelly, Lechowicz, Luft, Marovitze Netsch, Newhouse, O'Daniel, Reae Savickas, Severns, Smith, Welch, Zito and Mr. President.

PRESIDING OFFICER: (SENATOR LUPT) Senator Dudycz, you have any questions of the roll call?

Senator Jones'. 1S5  STATE OF TLLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

PRESIDING OFFICER: (SENATOR LUFT) Senator Jones. Is Senator Jones in the Chambers? Senator Jones? Strike his name, please, Mr. Secretary.

Jeremiah Joyce.

PRESIDING OFFICER: (SENATOR LUFT) Senator Jeremiah Joyce? Senator Jeremiah Joyce?

Senator Jerome Joyce.

PRESIDING OFFICER: (SENATOR LUFT) Senator Jerome Joyce?

Senator Lechowicz.

PRESIDING OFFICER: (SENATOR LUFT) Senator Lecbowicz? Senator Lechowicz is in his chair. Senator Jones has returned. Would you please restore his name to the roll call, please.

Senator Zito.

PRESIDING OFFICER: (SENATOR LUPT) Senaeor Ziko is standin: in the back.

Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR LOPT) Any further questions? The roll call has been verified. There are 30 Ayes, no Nays, 25 vokinq Present. The Senate does adopt the Conference Committee Report on House Bill 3824. The bille having received the required eonstitutional majoritye is declared passed. On tbe Order of Conference Commlttee Reports Senaee Bill 2-2-2-2. Senator Welch. Senator Welch. Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) l56  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 Conference Committee Report on Senate Bill 2222.

PRESIDING OFFICER: (SENATOR LUFT) Senator Welch.

Thank you, Mr. President. Senate Bill 2222 contains several provisions that have appeared in other bills. Pirst of all, it requires that all fire departments, rather than only those that use nonvolunteers, to be reimbursed by a person convicted of an offense of driving under the influence, for the cost of usinq emergency personnel or equipment in an accident resulting from that violation. Seeondly, it clarifies that a municipal public hearing need not be ten days before the annual appropriation ordinance, and that the ordinance may be adopted at ehe same meeting. That language was suggested by the Municlpal League. it also states that Will County municipalities are permitted to locake and regulate the use, construction, sale of private airports within three miles of their boundaries. It also says that cities and counties, by ordinance, may require the conseruction of fences around previously constructed artificial basins of water duM in the ground and used for swimming or wading, located on privaee residences. It also states that the city elerk is authorized to make -- make service of summons by eertified mail in ackions for violation of a municipal ordinance, when the fine is not in excess of five hundred dollars. It also adds technical language to the Quad Cities Economic Development Act cross-referencing those two separate Skatukes. I'd be Mlad to try to answer some questions.

PRESIDING OFFICER: (SENATOR LUFT) Dtscussion? Discussion? If not, the question isg shall the Senake adopt the Conference Commiktee Report to Senate Bill -- I'm sorry. Discussion? senator Geo-Karis.

l57  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Will the sponsor yield for a question?

PRESIDING OPFICER: (SENATOR LUPT) Sponsor indicates he will yield. Senator Geo-Karis.

Is Amendment 5 in this report that requires any -- that any munlclpality wkthin Wkll County may regulate the use, construction, sale of private airports within the municipality and within three miles beyond the corporate limits?

PRESIDING OPFICER: (SENATOR LUFT) Senator Welch.

Senator, whak happened Was khat specific amendment was taken off, but some of the language was kept later on in the bill and it was clarified.

PRESIDINC OFFICER: (SENATOR LUPT) Senator Geo-xaris. SENATOR GEO-KARIS) Well: give me khe language that was put iny then, in its place.

PRESIDING OPFICER: (SENATOR LUFT) Senator Welch. SENATOR WELCH I Do you have the bill -- if I -- Mr. President: that was Senator Dunnds language. Perhaps he could answer that question better than I can. PRESIDING OFFICERI (SENATOR LUFT) Senator Thomas Dunn.

Thank you: Mr. President. Would you repeat the questkon please?

PRESIDING OPFICER: (SENATOR LUFT) Senator Geo-Karis. 158  STATE 0F ILLINOIS 86th GENERAL ASSEXBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

Before -- Senator Welch said that Amendment 5 ehat provided that a municipality could regulate the usez constructionz sale of a private airport within khe munieipality and within three miles beyond the corporate limits -- he said that that was taken out and something else was put in its place. What was pue in its place?

PRESIDING OFPICER: (SENATOR LUFT) Senator Dunn.

Senator, essentially the same language. It was languaqe that Was objectlonable to the Municipal League, and We subskituted lanquage that was aeceptable to them.

PRESIDING OPPICER: (SENATOR LUFT) Senator Geo-Raris.

What lanquage was acceptable? Tell us What language youdve 9ot in there.

PRESIDING OPPICER: (SENATOR LUFT) Senator Dunn.

Senator, the exact language as the Statute readse &s, ''The eorporate authortties of any municipality located Within a county with a population over three hundred thousand and less than three hundred and fifty khousandv according to the 1980 federal census: may regulate the use, constructiony and sale of private airports wikhin the municipality and within three miles beyond municipal limits if the airport is not within the corporate limits of any other munickpalityo'' That Was the language they wanted. That's the language We got.

PRESIDING OFFICER: (SENATOR LUFT) Senator Geo-Karis. l59 1 I I ! I  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislatkve Day June 29, 1990

.. . tmachine cutoffl.o.president, I think that's an onerous -- onerous part of that report. I know the Department of Transporkation has opposed this. This Would set a bad precedent, and there is another part of this bill that I -- am horrified at. And Would like to tell you that's -- Amendment l on this bill says that -- oh, I'm sorry that Was taken out? Going back to the airport situation. Three miles, even now a municipality can make objections Within a mile and a half of its borders - not three miles. I think this is a very bad precedent, and I speak against this Conference Report the way it is now.

PRESIDING OFPICER: (SENATOR LUPT) Purther discussion? Senator Dunn.

Thank you, Mr. President. I'd like to speak in Cavor of the bill now, and reply to Senator Geo-Karis and tell her that that's the home district of Larry Wennlund: who is a member of your side, and he is very much in favor of this. And that's part of my district, and so am 1. PRESIDING OFFICERJ (SENATOR LUET) Further discussion? Senator Raica.

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

PRESIDING OFFICER: (SENATOR LUFT) Sponsor indicates he'll yield. SENATOR RAICAI This is only a question. Regardin: the Senate Bill 1734 that was in here, ikls -- where it permltg volunteer fire departments to collect from DUI offenders relatinq ko accidents. Is that -- is there any geographic boundary on thats Pat, or is that Statewide as far as -- or volunteer -- it includes a1l volunteer and nonvolunteer departments now - right? Is it depending on the 160  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 size of municipality, or no? It just includes everyone?

PRESIDING OFFICER: (SENATOR LUPT) Senator Welch.

It includes everyone Statewide in any size volunteer department or nonvolunteer department.

PRESIDING OPFICER: (SENATOR LUFT) Further discussion? Senator Fawell.

Thank you very much. As minority spokesman on Local Government and as a a conferee, we have gone over this bill. We did correet There was some bad languaqe in it originally. Most of the languaqe, very frankly, is either clean-up languaqe that has been requested by Chapman & Cutler, for Denny Jacobs' dlstrict, or it's bills that frankly we have passed before. The only bill that we didn't pas: before was the Will County Airport. We have checked with our -- my -- our Republican colleaque in the House. Indeed, he does think this is a good idea: and I would suggest an Aye vote.

PRESIDING OFFICER: (SENATOR LUPT) Furkher discussion? Senator Geo-Karis, for a second time.

apologize that I'm speaking for a second time, but I find another amendment thatfs in this thing that's onerous. It says here that the corporate authorikies of a municipality shall not commence any condemnation action with respect to acquire, by purchase or ahy other means, any private airport whkch is located in Will County and is located outside the corporate limits of a Municipality, unless the aequisition has been approved by ordinanee by the County Board or by municipal ordinance. I think that's very onerous. In other words, there is a power of condemnation here stmply -- what has it been changed to? NoW the 161  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990 sponsor of the bill tells me that's been changed. This bill is awfully confusing the way it ks.

PRESIDING OFFICER: (SENATOR LUPT) rurther discussion? Senator Welch, you wish to close?

I woul; just urge an Aye vote.

PRESIDING OFFICER: (SENATOR LUPT) All right. The question 1s, shall the Senate adopt the Conference Committee Report on Senate Bill 2-2-2-2. Those in favor, vote Aye. Oppased, vote Nay. The voting is open. Have all voted who klshed? Have al1 voted who wished? Have all voted who wished? Take the reeord please, Madam -- Mr. Secretary. On that question, the Ayes are 55, the Nays are 2, 1 voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 2-2-2-2. The bill, having received the required constitutional majority, is declared passed. Ak the bottom of the page is House Joint Resolution 18. Senator Maikland. Read khe motiony please, Mr. Secretary.

ACTING SECRETARV: (MR. HANRY) The House Joint Resolution 18. The Conference Committee Report.

PRESIDING OPFICER: (SENATOR LOPT) Senator Maitland.

Thank you very much, Mr. President, Members of the Senate. House Joint Resolukion 18 creates the Task Foree on Gchool Pinanee that will, for the next year, study school finance in Illinois. It will consist of twelve Members from the General Assembly, the State Superintendent of Education and eight public members. Mr. Cbairman -- Mr. President, I move for the adoption of the First Conference Committee Report on House Joint Resolution l8.

PRESIDING OPPICER: (SENATOR LUPT) l62  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leglslative Day June 29, 1990 Dkseusskon? Discussion? If not, the questàon às, shall .p.lmachine cutoffl... adopt the Conference Committee Report on HJR l8. Those in favor will signify by voting Aye. Opposed. vote Nay. The voting is open. Have all voted kho Wished? Have a11 voted who wished? Have all voted who wished? Take the record, please: Mr. Secretary. On that questkon, the Ayes are 58, the Nays are none: none voting Present, and khe Senate does adopt HJR 18 the constitutional majority -- having received the constikutional majority, is declared passed. Senator Roek.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. If I can have the attention of the Membership so that everybody understands what the schedule is. I have spoken with the Speaker at least thzee times in the last two hours, and insisted that we will conclude our business this evening. This is going to be For the first time in tbe history of Illinoisy wedre goinq to conclude our business on time and perhaps a little earlyy but We will finish this evening. In accordance with our established procedure, we have two appropriation bills that have yet to be heard, and I've asked Senators Carroll and Hall to convene a meeting of the Appropriations I and 11 Committee for the purpose of hearin: what is in thoae bllls. I've also asked Senators Etheredqe and Maitlande obviously. And so I think it -- we have -- Senator Philip and I have just signed off on about eight or ten additional conference committee reports. So my suggestion is Lhat we will take a break. Those of you Who are not On Appropriations can get some dinnet. Appropriations people ean do what they have to do and hopefully conclude their business in a hurry, and then get some dinner. But I would ask you a1l to reeonvene here at 8:30 so that we can conclude: and I promise you I am bending every effort to conelude our business this evening, so khat we can say we concluded our business on the 29th day of June. So I would  STATE OF ILLINOIS 86th GENRKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 move that we stand in recess. Subject to Senator Carroll's announcement, the Senate will stand in recess until the hour of eight-thirtyz and then we Will go right back on the Calendar. 1111 yield to Senator Carroll.

PRESIDING OPFICER: (SENATOR LUFT) Senator Carroll.

Thank you, Mr. President, Ladles and Gentlemen of the Senate. While I khink most of the Members know the conkenks of the agreements reaehed this morning with the Governor and the leadership, under our rulesr We will hold a hearing immediately upon recessing, in Room 212, to discuss the contents of the repork. This is just like the hearings we held yesterday. They are informative. No votes are taken in those hearinbs. It is merely to inform those Members who are not otherwise already informed of the contents of those conference committee reports, and -- and we would meet if everybody would cooperate immediatelyy and hopefully be out of there in just a few short minutes.

PRESIDING OFFICER: (SENATOR LPFT) Resolutions.

ACTING SECRETARY: (MR. NANRY) Senate Resolution 1317 offered by Senator Jones. Senate Resolution 1318 offered by Senator Topinka. And Senate Resolution 1319 offered by Senator Raica. They're all congratulatory.

PRESIDING OFFICER: (SENATOR LUFT) Consent Calendar. Senator Rock moves that the Messages from the House.

ACTING SECRETARY: (MR. NAKRY) A Message from the House by Mr. O 'Brien, Clerk. Mr. President I am directed to inforn *he Senate that 164  STATE OP ILLINOIS 86th GENERAL ASSEMBLX RBGULAR SESSION SENATE TRANSCRIPT 112th Leskslative Day June 29, 1990 ehe House of Representatives has adopted the following Joint Resolution, in the adoption of which I am instructed to ask the concurrence of khe Senate, to wit: House Joint Resolukion 144. It's congratulatory.

PRESIDING OFFICER: (SENATOR LUPT) Consent Calendar. Senator Rock moves thak the -- Senate stand in recess until the hour of eight-thirty. Those in favor, signify by saying Aye. Opposed: Nay. The Ayes have it, and the Senate will stand in recess until the hour of eight-thirty. (RECESS) (SENATE RECONVCNES)

The Senate will please come to order. I would ask the Members who are still meeting in the conference committees and those who are in their offices to please join us. The Secretary has distributed Supplemental Calendars No. 4 and 5: and We will proceed down that order of business. It is# indeed, khe 29th of June: and we -- ke, indeed, are going to conclude our business this evening. Senator Weaver wants to stay till Sunday, he says. 5ut he's the only onep Senator Geo-Karis. I agree. ...lmachine cutoffl... Senator Xaitlandp what do you thlnk? All right. Ladies and Gentlemen, if can have your attention. If youlll turn to Page 9 on the main Calendar. Page 9 on the main Calendar. On the Order of Secretary's Desky Resolutions. Senator . Maitland has requested that we move to that Order for the purpose of Senate Resolution 22, Madam Secretary.

l65 I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIQN 1 SENATE TRANSPRIPT 112th Legislative Day June 29, 1990 Senate Resolution 22. PRESIDENT ROCE: Senator Maitland. SENATOR MAITLAND: Thank you very much, Mr. President, Members of the Senate. The Senate Resolution 22 does urge Members of the U.S. Congress to pass the necessary leqislation to see the Vietnam Women's Projeet is fulfilled. As you know we -- we do have a memorial there for -- for men at the Vietnam Memorial, and this simply urges Congress eo do the same for the hundreds and thousands of nurses and women that served in that conflict as Well. PRESIDENT ROCK: Discussion? Any discussion? If not, Senator Maitland has moved the adoption of Senate Resolution 22. All in favor, indicate by sayin: Aye. All opposed. The Ayes have it. The motion carries, and the resolution is adopted. Ladies and Gentlemen, if T could have your attention. Public TV has requested permission to broadcast from the Senate, as has WMAQ-TV and -- requested leave to shoot some videotape. Without objection, leave is granted. Senator Berman, don't warm up -- you know what I mean? Just..wlmachine eutoffl... On the Order of Secretary's Desk, Resolutions, is HJR 66, Madam Secretary, please. Bottom of Page 9, Ladies and Gentlemen. SECRETARY HAWKER: House Joint Resolution 66. The Committee on Executive offers commitkee Amendmen: No. 1. PRESIDENT ROPK: Senator Luft. . SENATOR LUPT: Thank you, Mr. Presidene. The -- the amendment deleted . everything after the enacting clause anû reknserted substantkally the same provisions, which is a result of the federal requirements 166 1 i  STATE 0F ILLINOIS 86th GENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29e 1990 demanded under the Eamily Support Act of 1988. It just requires that we set up a Child Support Enforcement Advisory Committee the Department of Public Aid, and as I stated, it does nothinq other than to set up a committee to satisfy the federal requirements.

A11 right. Senator Luft has moved the adoption of Committee Amendnent No. 1 to House Joint Resolution 66. Discussion? If not, a1l in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Any further amendments?

No further amendments.

On the main question, House Joint Resolution 66, Senakor Luft.

Thank you, Mr. President. It isy as I explained, on the amendment, and I would just move for the adoptîon of the resolution.

Senator Luft has moved the adoption of House Joint ResoluEion 66. Those in favor will vote Aye. Opposed, vote Nay. The voting's open. Al1 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 52 Ayes: no Naysy none voting Present. House Joint Resolution 66, havtng received the required constitutional majority, ls declared adopted. Senator Philip, for what purpose do you arise, sir?

Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. believe I have a House Joint Resolution. ...tmachine cutoffl...

A1l riqht. Senator Philip is asking that House Joint 167  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGDLAR SESSIQN SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Resolution 144 <sic> be - a congratulatory resolution be discharged from further consideration of the Committee on Executive' and asks for its immediate consideration and adoption. Al& in favor of the Motion to Discharge, indicate by saying Aye. All Opposed. The Ayes have it. The motion carries. House Joint Resolution 144, Senator Phklip .

Thank you, Mr. President and Ladies and Gentlemen of the Senate. My sheet -- printout here shows that it's House Joint Resolution 145 - not 144.

1-4-5, Madam Secretary.

I hope so. What this does is it urges the Governor of Illinois to proclaim October 6th as German-American Day in Illinois. My name would not indicate that I am a Krauthead, but my mother was born in Cermany -- came over when she was ten years old. Her name was Elsa Gerhardt.

All right. Senator Philip has moved the adoption of House Joint Resolution 145. Discussion? Senator DeAnqelis. SENATOR DeANGELIS: Yeah. A request of the sponsor.

Sponsor indicates he will yield. SENATOR DeANGELIS: Could you move it a little further away from Columbus Day?

A1l right. Senator Philip has moved the adoption of House Joint Resolution 145. Purther discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The resolution is adopted. Ladies and Gentlemen, on the main l68  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENAQE TRANSCRIPT 112th Legislative Day June 29, 1990 Calendar... END OF TAPE TAPE 5

... on Paqe If youdll turn to Page l1. On the Order of Secretaryls Desk, Non-concurrence, Madam Secretary, is House Bill 3-9-9-4.

Senate Amendment No. l to House Bill -- pardon me -- 3994.

Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. I would move that the Senate recede from Senate Amendment No. to House Bkll 3-9-9-4. Thisfll be final action. This Was the amendmenk that allowed the income tax deduction for those properkies -- 236(d)3 properties for senior citizens. This amendment will be removed. There'll be no deductions or income tax credits or anything on the bill, and I Would ask that we reeede from Senate Amendment No. l to House Bill 3-9-9-4.

Al1 riqht. The Gentleman has moved that the Senate recede from Senate Anendment No. to House Bill 3994. Discussion? If not: the question is: shall ehe Senate recede from Senate Amendment No. l to House B1ll 3994. Those in favor Will vote Aye. Opposed, vote Nay: and the voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take *he record. ôn that question: there are 57 Ayes, no Nays, none votkng Present. 169  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29y 1990 The Senate does recede from Senate Amendment No. l to House Bil1 3994, and the bill, having received the required constitutional majority, is declared passed. A11 right. Ladies and Gentlemany if I can direct your attention to Supplemental Calendar No. 4. You should have two Calendars in front of you, No. 4 and No. We will begin on No. Senator Kelly, are you ready? ... tmachine cutoffl... On the Order of Conference Committee Reports, Supplemental Calendar No. 4, tberels a Conference Committee Report, Madam Secretary, kith respect to House Bill 9-5-4.

Second Conferenge Committee Report on House Bill 954.

Senator Kelly.

Thank you, Mr. Presidenty Members of the Senate. I move to concur in Conference Committee Report No. 2. This Report was just approved by the House by a vote of 117 to 0. The Report accedes to the wishes of the downstate legislatorse who Want the six HIV çenters to be loeated in the Chicago Metropolitan area. The Report does not include the amendment Which kould have ellminated the footage requirements - Senator Fawell's amendment - for Community Integrated Living Arrangements, better known as CILAS. As I mentioned previously: the confereesy With the cooperatkon of the Department, the private providers, and even those that were in opposition, and everyone attendinq our previous Conference Committee, reached full aqreement with the understandin: the Department would amend their exception provisions to accommodate any private providers who were opposed to the CILA footage requirements. As to the AIDS facilities, it would now only apply to -- to the Chicago Metropolitan areaz and the reason for this legislation is to clarify a licensure and a certification qap. 170  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 There are four such facilities in existence. 0ne at the Chicago House holds three of the homes serving five to six people, and the Bonaventure House serves thirty people. Currentlyz nekther home ks licensed, beeause they are not nursin: homes. Yet, some form of minimum standards need -- needed for safety and for the residents and for the community. addition, licensure is necessary to qualify -- in addition, licensure is needed to qualify for federal fundinq. Besides thls, I ànitially aqreed with Senator Fawell to -- that we should eliminate the CILAS: because I had the opinion that she had: that we, the people of Illinoks, would be better served, because I know and you knok hoW hard ik is to get a CILA into your eommunitye but afker discussion with the Department and lookin: at the issue in -- in a long-range goal, I think the Department: 1 tbink the federal government, and especially the developmentally disabled citizens, are better served by bavin: this footage requirement which provides for a good integrated communtty livinq. There is no reason in the world why we should compile CTLAS one on top of the other. It causes disrupkion in a nelghborhood -- in the long run kould be detrimental to the interests of the developmentally disabled. strongly support Conference CoRmittee Report No. 2. I reiterate, ie passed the House by ll7 to no votes, and 1 Would appreciate your support. 1111 answer any questions.

All righe. The Gentleman has moved the adoption of the conference Commitkee Rêpork on House Bill 954. Discussion? Senator Pawell.

Thank -- thank you very Ruch. What Senator Kelly ts talking about is a temporary rule that is good for the next hundred and fifty days. hope wiehin the next hundred and fifty days we ean come to some aqreement that will be satisfactory to everyone. The  STATE OF TLLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslatkve Day June 29, 1990 AIDS language has been straightened outr so that I think Senator Welch's concerns have been dealt Withr and I would suggest that my side of the aisle vote Yes.

Eurther discussion? Senator Hawkinson.

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

Sponsor indicates he Will yield, Senator Hawkinson.

Senator, near the end of your remarks you talked about accepting the distances for -- for CILAS. I don't happen ko favor legislative distances: because I think they discriminate against the developmentally disabled. The providers in Peoria and Galesburg and Monmouth don 't like them; they think they dîscriminate, and they think they are unworkable in communities of of khat size. My question is this: you mentioned a defense of then, but is there anything in this Conference Committee Report which establishes distances, or is it still simply the emerqency rule which established them, and this report just doesn't talk about them at all?

Senator Kelly.

Thank you, Eenator Hawkinson. T mighk adde Z uas expreaslng some personal opinions on the issue. I mentioned how I was at one time against having footage requirements, and noW favoring footage requirementsy after listenin: to both sides of the argument. The House Committee on Mental Health are goin: to hold extensive hearings to consider this issue in detail. They're going to work closely With the various organizatàons, pràvate providers on b0th 172  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990 sides of the issue, to come up With a -- and the director of the Department has been more than accommodating on thisg and I think Senator Fawell pretty much echoed the -- sentiments Ehat I have on khe issue.

Senator Hawkinson.

I understand that Senator, but my question isg is there anything in this Conference Committee Report which establishes distances?

Senator Kelly.

No . There is nothinq about the distance in here. It's in the JCKR .

All right. Further discussion? Further discussion? If notr the question is, shall the Senate adopt the Conference Committee Repork on House Bill 954. Those in favor Will vote Aye. Opposed, vote Nayz and the voting is open. Have al1 voted who wish? Have al1 voted who Wish? Have all voted Who Wish? Take the record. On that question, there are 56 Ayes: no Nays, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 954, and the bill, having received the required constitutional majority, is declared passed. Senator Keats, Madam GecreEary, has indicated he is now ready. Top of Gupplemental No. 4: on the Order of Secretary 's Desk, Concurrence, is Senate Bill 2-0-8-3, Madam Secretary.

Eouse Amendments 3 and 5 to Senate Bill 2283.

Senator Keats.  - j STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRKNSCRIPT 112th Legislative Day June 29, 1990

Thank you, Mr. Presidentg Ladies and Gentleman of the Senate. I will -- moving to concur with Amendments 3 and 5, but I want to give you a two-second explanation. Forget al1 the basic bill. It has all been stripped out. It originally was a shell bill to begin with. Had a whole series of things for the Commissioner of Banks and Trusts, things for the Department of Savings and Loans. All that is out. What is now in the bill is in reality three portions, the key provisions being a cleanup on a bill dealinq with the Department of Public Aid and banksy and an EFT diskribution of Public Aid checks. This is a technical cleanup that's been agreed to by everyone. That's Section 6. Section 7 deals with the Retail Installment Sales Act, Was requested by IRMA, and in reality the May stores, which was a problem they were having in terms of their retail charge agreements. Again, there is no known opposition, and they appear to have talked to everyone on the subject. That is what the basic bill is today, with also Section 5, which is some savings and loan stuff of technical nature. If anyone has any questions, my staff and I are here to ansWer .

Al1 right. The Gentleman has moved that the Senate concur in House Amendments 3 and 5. Discussion? Senator Zito.

Thank you, Mr. President and Members. Just to mention -- our side of Ehe aisle and all of our colleagues -- that this, in fact, is a true representation of what Senator Keats had said. I appreciate al1 the patience and diliqence on Senate Bill 2083, but I would urge green votes. Let's get this out of here, itfs a produck of good work.

Purther discussion? Senator Keats, to close. 174  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

Only in saying -- I say to the Republicans/ on your marked Calendar, something that originally was in this bill is not there. Our objections are now removed, and from a Republican and Democrat prospective, should be noncontroversial. I seek your affirmative vote.

The question is, shall the Senate concur in House Amendments 3 and 5 to Senate Bill 2083. Those in favor will vote Aye. Opposed. vote Nay. The voting is open. Have a11 voted *ho wkshz Have all voted who wish? Have a11 voted Who Wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. The Senate does concur in House Amendments 3 and 5 to Senate Bill 2083, and the bill, having received ehe required constitutional majority, is declared passed. Senator Fawell. 3310. Senator Fawell? No. Senator Watson. The report has just been dkstrkbuted. I was just gkving people time to take a look at Wedll get riqht back to you. 1504. Senator Lechowicz. 1798. Senator Philip. Bottom of Supplemental 4, on the Order of Conference Committee Reports is a Conference Committee Report on Senate Bill 1798, Madam Secretary.

First Conference Committee Report on Senate Bill 1798.

Senator Philip. SENATOR PHILIPI Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1798 is Build Illinois. It Went out of here at one million four nine eight. That's the way it came back here. I would move we accept the recommendation.

A11 right. The Gentleman has mozed the adoption of the 175  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION GENKTE TRANSCRIPT 112th Legislative Day June 29, 1990 Conference Committee Report on Senate Bill 1798. Discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1798. Those in favor will vote Aye. Opposed, vote Nay, and the votin: is open. All voted who wish? All voted who wish? All voted who Wish? Have all voted who wish? Take the record. On that question, there are 44 Ayes, 11 Naysy 1 voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1798, and the bill, having received the required constitutional majority, is declared passed. Senator Watson, what do you think? You ready? On the Order of Conference Committee Reports is a report with respect to House Bill 3090, Madam Secretary, please. SECRETARY HAWKER: First Conference Committee Report on House Bill 3090. PRESIDENT ROCK: Senator Watson. SENATQR WATSON: Well, thank you, Mr. President. This is an ominous dsicl bill for local government. There's an incredible amount of provisions in this. From what I understand, too, theydre all agreed to . We have provisions in here for Senator O'Daniel, Senator Jacobs, Senator Rea, Senator Watson, Senator Friedland. Ild be glad to go through and explain al1 of this if you'd like. I don't know that there's any objection to anything that we have in here. Otherwise, I'd appreciate a favorable roll call. PRESIDENT ROCK: Al1 right. The Gentleman has moved that the Senate adopt the Conference Committee Report on House Bill 3090. Discussion? Senator Jacobs. Senator Karpiel. SENATOR KARPIEL: Thank you, Mr. President. Actually, I'm -- I'm -- would like to ask a question about Amendment No. 3, and that was Senator I I 176 .. . . .. . . .... ... ............  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqkslative Day June 29, 1990 Reads. He could perhaps answer this. Senator Rea, I just wanted to know -- am I reading this correctly that a road district highway commissioner can just levy now for one lump sum for the road district, rather than breaking it down into special funds?

Senator Rea.

Just one second. PRESIDBNT éocx: Senator Watson. Watson.

Yes, thank you, Mr. President. The answer to that is yes . Current law requires that separate amounks be listed for construction of roads, maintenance of roads, construction of bridges, maintenance of bridges, purcbase of machinery, and so forth. What we're trying to do is just give the opportunity for the road commissioner to put all that together.

A1l riqht. Further discussion? If not, the question is# shall the Senate adopt the Conference Committee Report on House Bill 3090. Those in favor will vote Aye. Opposed, vote Nay. The voting's open. Have al1 voted who wish? Have a1l voted who Wish? Have all voted Who wish? Take the record. On that question, there are 56 Ayes, l Nay, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 3090, and the btll, Havjng received the required constitutional majority, is declared passed. Senator Daley, on 3793. Madal Secretary, on the Order of ...tmachine cutoffl... All riqht. Senator Daley, we just have to wait for the copies to be distributed. We'll get baek to it. Senator Lechowicz, on 1504. Ladies and Gentlemenz while Welre waiting for the copies to be -- finally distributed, if you'll turn to Supplemental Calendar No. 5. That's the one with  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Senator Welch, Senator Carroll, Senator Luft, Senator Holmberg and Senator Carroll. We'll start with Rouse Bill 2896. Senator Welch. And move down to 3393. Senator Carroll. 3460. Senator Luft. 3875. Senator Holmberg. And 1933. Senator Carroll. Supplemental No. 5. ...tmachine cutoffl... While we are allowing the Members to get their papers together: Supplemental No . 6 is currently being distributed. Al1 right. Supplemental Calendar No. The Conference Committee Report on House Bill 2896, Madam Secretary.

First Corrected Conference Committee Report on House Bill 2896.

Senator Welch.

Thank you, Mr. President. What this Conference Committee Report will do - this is the First Corrected Conference Committee Repork on House Bill 2896 kt creates the Eood Safety Transportation Act -- the purpose of the Act to be to protect, promote and preserve the public health and welfare concerning standards for transporting food intended for human consumption. makes it unlawful for interstate carriers to transport food in any motor vehicle which has been used in the last tWo years to transport substances which would render food adulterated. It exempts transportation for a1l commodities by the producer from the producerds own agriculturale horkiculEural, or livestock raising operation to the first point of delivery. This bill has the amendment put on by the Farm Bureau and one put on by the Trucking Association. I'd be glad to anôwer any questions.

All right. The Gentleman has moved -- the Gentleman has moved the adoption of the Conference Committee Report on House Bill l78  STATE OF ILLINOIS 86th GENERAL ASSIMNLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 2896. Discussion? Senator Keats.

Question of the sponsor.

Sponsor kndicates he will yield, Senator Keats.

For clarification for everyone - you have an amendment on here that says in terms of back-hauling refuse in trucks that can carry food - you have an exemption that exempts interstate trucks?

Senator Welch.

Well, 1'm looking for What you're talking about: and don't see To -- are you -- are you looking at the bill? I don't see any such exemption. Well, it's not my fault. I don't see any exemption for interstate trucks. I mean, that's the whole purpose of khe bill.

Senator Keats.

In terms of the interstate commerce clause, have you -- are you saying that interstate trucks are exempted from the bill? PRESIDENT ROCK; Senator Welch.

Well, leE me read Ehe provlslon. It sayse ''IE shall be unlawful for any carrier which provides transportatàon in intrastate commerce by motor vehicle to transport food, drugs, devices or cosmetics ... in any motor vehicle that has, within tWo years, been transporting food.''

Senator Keats. 179  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

You have intrastate, in other words, interstate trucks are exempted. Youdre only dealing with intrastate. Have you also exempted farm vehicles?

Senator Welch.

Farm vehicles are exempted.

Senator Keats.

Let me explain the bill. If you - and I would normally rise on a conflict of interest, but since I'm going to vote against my own interests, I don't have a conflict on this bill if you do not want food carried in in vehicles that -- I should say garbage carried in vehicles that carry food, you would oppose this bill. The title of the bill says one thing. What the bill does is a hundred and eighty degrees different, and let me explain why . When refuse is carried in trucks that also carry haul -- or also carry food, it's by and large ninety-nine percent of that refuse is carried in two types of trucks - interstate trucks and farm vehicles. Guess what are the two cateqories this bill exempts? Interstate trucks and farm vehicles. So whife you are sayin: in the title you do not wish refuse carried in trucks that carry food, by exempting the two qroups who carry the refuse and the foode you have done the exact opposite. Ninety-nine-plus percent of a1l the vehicles that carry refuse and food are interstate trucks or farm vehicles. This bill is a hundred and eighty degrees different than the title. So what I say to you is, if you think it is inappropriate, as I think it is inappropriatey that a vehicle that could carry food could also be allowed to carry refuse, you want to vote No# despite What the title says. If you l80  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 112th Legkslative Day June 29y 1990 think ik is appropriate that a vehicle should be allowed to carry both food and refuse, you want to vote Yes. And 1111 remind you again, ninety-nine percent of the vehicles that carry refuse and food - either interstate trucks or farm vehicles - b0th are exempted from this Act; therefore, what you have done is the exact opposite of the title. would request a No vote.

A11 right. Further discussion? Senator Watson.

Yes, thank you -- thank you, Mr. President. Question of the SpOnSOr.

The sponsorz I'm sure: will have trouble difficulty hearing, as the presiding officer is having difficulty. IIm going to have to ask the staff to take the conferences -- staff conferences off the Floor. If you Wish to have a meeting, please have it elsewhere. Senator Watson.

Thank you. Senator, ks khis identical to the legislation that passed out of the Senate on the Agreed Bill List?

Senator Welch.

Yes, it is.

Senator Watson.

Okay. So the Farm Bureau signed off on it. The trucking industry. Everybody's -- there's no problems With this legislation at this partieular time?

Senator Welch. l8l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

Everyone is signed off except Roger Keats.

Further discussion? Senator Joyce.

ïes. Not to belabor the point, but I have a newspaper from Seattle, Washington, that my sister sent with a picture of a tanker -- this truck had carried chemicals to Washington State, and then was loaded up with apple juice and sent back to Illinois to a town in my district. Now, you know, and it hadn't even been washed. So 1, you know, think this is a pretty good bill. -- I -- we get the bad end of this stuff, because any food stuff that's coming into this State is coming from somewhere else. So we 're taking chemicals out, but then in the same truck coming back, we're brknging in food stuff. So I think this is a very good idea.

Further discussion? Further discussion? Senator Welch, to close.

Well, Senator Keats has totally confused everybody. I Would suggest that We do as we normally do and ignore him , and vote on what the bill says. So...lmachine cutoffl...

Senator Welch.

I'm back. I would just say that this bill will affect hauling both qarbage and food in the same truck. That's the whole purpose of it. It deals With trucks withkn Illknois. It's a proposal that even thê Federal Government is Ehinking about passing. IE's absolutely a terrible idea to haul chemicals in the same truck -- khat will adulterate food -- with food. That's the purpose of the  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGUDAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29' 1990 bill. So I would urge an Aye vote.

hll right. Senator Welcb, I'm sorry, I missed Senator Keats' light on for the third time. Senator Keats.

Senator Joyce -- Senator Joyce, do you realize the example you used is outrageous -- youdre right. This bill says it's legal. PRESIDENT ROCKZ Senator Welch, you wish to close?

The bill does not affect interstate commerce, because a state cannot regulate interstate commerce under the United States constitution. It doesnlt say it's illegal, Senator. We don't have the authority to regulate it. That's Where you 're confusing everybody. You're, you know, it's this back-roon lawyer jibberish thak youfre spouting here, and you know, your little bit of 1aw is bad, because you confuse people, and that's what you've done . The bill affects hauling garbage and food in the same truck. That's What it 's about. I would urge an Aye vote.

Question is, shall the Senate adopt the Conference Committee Report on House Bill 2896. Those in favor will vote Aye. Opposed, vote Nay, and the votinq is open. Have a11 voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 51 Ayes, Nay, 5 voting Present. Eenate does adopt Ehe conference committee Report on House Bill 2896, and the bill, having received the required constitutional majority, is declared passed. 3393. Senator Carroll. Madam Secretary, please.

First Conference Committee Report on House Bill 3393.

l83  1 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29z 1990 Senator Calroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Eouse Bkll 3393 is a authorkzation bill for General Qbligation and Build Illinois Bonds. The conferees suggest the following: that we increase the -- the authorization for Build Illinois Bonds by some seventy million dollars for Water Resources Enhancement Programs, and that we further increase the General Obligation capital Bonds by some 23.7 million dollars, of which twenty two million is for the Water Resources Enhancement Program; a million and a half is for the Artisan Shop at the Geneva Creamery: and the additional capital project of two hundred and fifty thousand dollars. We establish in this -- in this Conference Committee Report the Illinois Marina Fund, Which would consist of the loan repayments made by any units of local government who receive funds for marina development. It will include repayment to that fund by those units of local government of not greater than fifty percent of the loan. The fund Will also receive any monies from the Department of Conservation, if they are the owner of the marina, from any concessions, leases, ground rents, or any other sources. They can use -- the Department of Conservation can use these funds only for operations and improvements of those marinas that they would own, and there is a mechanism to allow that Fund to ultimately repay General Revenue to the tune of eighky-six million three hundred thousand by Fiscal Year 1996. That is the sum and subsEance of the conference Commùttee Report. I would ask for a favorable roll call.

Al1 right. The Gentleman has moved the adoption of the Conference Committee Report. Discussion? Senator Demuzio.

Well. Thank you, Mr. President. 1: just within the last 184 !  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 hour, attended a meeting downstairs of the Appropriations Commiktee, and we were talking about the fact that we needed another vehicle bill in order to implement the provisions of *he Clean Water and the School District Construction Bond Fund that we passed out of here. I'm somewhat disappointed that the two Appropriations Chairmen on the minority side have refused to sign the Conference Committee Report as -- so far, and I'm just wondering if those of us that are interested in all these projects sort of going forward in concert, maybe we ought to just simply lay off of this bill until we get everybody together and see to it that -- that we have an appropriate appropriation for the -- the water projects for al1 of these little villaqes and towns and communities in Illinois, and for the school districts of khis State. And maybe someone could kind of enlighten me as to what we are doing here, and assure me that affirmative vote is the right thlng to do here, because I don't think lt ls right now.

Purther discussion? Senatoz Netscb.

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

Indicates he will yield, Senator Netsch.

One -- just a clarification from what you said on the Floor, Senator Carroll. Did you say that the Marina Program - and that's really what we're talking about - is only for marinas owned by the State of Illinois? We did not -- couldn't hear you properly in that respect.

Senator Carroll.

Senator Netsch, as I indicated, this ks the Bond Authorization 185  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SCSSION SENATE TRANSCRIPT 112th Legislative bay June 29, 1990 Act. This is not the enabling legislation per se. It is my understanding that this inereases bond authorization in the Build Illinois Bond Act and creates a Marina Fund. I think - and can't give you with certainty, that these are two separate concepts. Funds can be used from Build Illinois for marina development. However, there is a fund created that Would, in fact, be used to receive funds from concessions et aly and operate marinas owned by the State. cannot answer any greater than that. I don't know those who purported to suggest that tbis is the appropriate way to go.

Senator Netsch.

I have a -- IIm not sure I understood the answer to that question. There is authorizing language in here. But one additional questkon: thks really ks the mechanism that would allow a a significant marina program to be established, and one of those marinas is -- and will be appropriated in another bill or authorized in another bill for Navy Pier. Is that correct?

Senator Carroll.

It's my understanding that there -- that funds will be provided to Navy Pier in the -- I meanz we talked abouk it in committee. So there's forky million desiqnated for Navy Pier as the proposed allocation. go kt ks not Statutorklv enacted that Way.

Senator Netsch.

Well, I stlll see this as an essential part of the beginning of that program, and in view of the fact that has never been l86  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 discussed, not only with the legislators who represent that district until late last Week: when we were sort of advised of it - but has certainly not been discussed with the several thousand people Who, believe it or not, live riqht in that area. I think it is unacceptable at the present time.

Eurther discussion? All right. Againy I'm going to have to ask the staff to take the staff conferences off the Floor. Senator Joyce.

I khink we should just establish that there is nothing in this that precludes the appropriation from being expended only on State-owned marinas. Is that correct, Senator Carroll?

Senator Carroll.

Since the question was raised, Senator Joyce, in committee -- and just in reading that which has been proposed by the proponents: I don't agree with you in total: but cannot disagree, either, in total. This does, in fact, increase Build Illinois. Those funds are unfettered in their usage, in the sense that those are the funds that could be used for marinas. Howevery it also creates this new Act which can only be used for those - as I read it - for those that are owned by the Department of Conservation, reqardless of who operates them - be they a private enkiey or a public entity. So it seems to me that either is allowable Without definition as to which is which.

Purther discussion? Senator Joyce.

What -- Senator Carroll: you are then saying that Navy Pier would not be excluded from this. 187  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990

Senator Joyce.

Well, 1et -- 1et me just cut right to it. Does this preclude the park district from receiving allocakion from this appropriation?

Senator Carroll.

- - I don't know . I do not know. I read the tWo bills together, Senator Joyce. The appropriation bill as contained in House Bill 3460 says the amount - seventy million, which is the Skatewide amount that we talked about for allocation - shall be made, but to -- by loan to units of local government, pursuant to the Water Resources Enhancement Program . Now, in 3393 We say in Section 63a18-1, '#To manage the Water Resources Enhancement Program for the development and operation of marinas and riverfront facilitiesrd' et cetera. It is not clear to me. I think the best answer is that it's tied to the Fund: Senator Joyce. I think is tied to that Fund, as I read the two together, and beinq tied to the fund, I think it has to be owned by the Department of Conservation.

Further discussion? Senator Schaffer.

Mr. President, we did discuss Ehks in committee, and perhaps Senator Carroll has some additional information, since the committee seems to be cominq up with some. I will reikerate the concern thae I had in the committeee and that was simply that the Zion - Winthrop Harbor Marina, Which I suspect this program is modeled aftere was based - at least, I believe was based, and I think I've been -- had this confirmed - on a one-hundred-percent l88  STATC OF ILLINOIS 86th GZNEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 payback of State investment. I see Senator Geo-Karis noddinq her head viqorously. I don't know that that is a standard that has to be universally held, but I can frankly think of no more lucrative location to put a marina than -- in the State of Illinois, than next to Navy Pier, and certainly if a marina up on the edge of the Staee near Wisconsin -- can be a hundred-percent paybaek, would think Navy Pier Would be a gold mine, to be honest with you. Some of the downstate locations perhaps aren't quite as financially viable. don't know. 1 am uncomfortable with the fifty-percent payback, We are moving into an area - apparently very aqgressively and I would think we need to take a look at that payback percentage, and at least get some sort of a justifieation, if welre going to lower the standard by thls degree.

Eurther dkscussion? Senator Woodyard.

Thank you, Mr. President, Members of the Senate. Well, rather than discuss the merits of this particular bill, I want to go back to the point tbat Senator Demuzio was making. And I'm going to urge the people on this side of the aisle to either vote Present or No on this -- on this partieular bill. You know: we have a way over here, particularly late in the Session, of either passing an appropriation with no substantive language, or passing the substankive language with no appropriation. At this time, we do not have the appropriation anywhere in place to fund Ehe waeer Well bill and -- and the school bond bill that Senator Demuzio passed this afternoon and this body passed somethin: like 57 to 1. And so I Would encourage -- and particularly all of you downstaters, vis-a-vise Democrat or Republican, to let's hold this process up for a little while until we do have some agreement to get that appropriation on. I intend to vote Present on this l89  STATE OP ILLINOIS I 86th GENERAL ASSEMBLY I REGULAR SESSTON SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 particular bill, and I1m encouraging everyone in this Chamber to do that.

Further discussion? Senator Marovitz.

Just one quick question of the sponsor.

Sponsor indicates he Will yield.

Senator Carroll, in this bille the fifty-pereent payback that was referred to by Senator Schaffer is that percentage in this bill?

Senator Carroll.

Yes.

Further discussion? Senator Fawell.

Could the sponsor answer a question for me?

Sponsor indieates he Will yield, Senator Fawell.

I was at thak Appropriation Committee When ik was discussed about putting another bond bill out there. Could you tell mez Senator Carroll, in your -- in your great wisdome don't we need a stream of revenue in order to pass anoEher bond bill, and just out of curiostty, if We passed another bond bill for khese wastewater - - Wastewater wells and what have you, could you tell me what that stream would be?

Senaeor Carroll. l90 I :  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

Well, Senator Fawell, it seems that when we are dealing with marinas and water, we're dealing with streams that may not exist. Oh, that was bad! And the other mistake I made: I admit, is for the first time in my career - and now I guess the last - I trusted the Bureau of the Budget: and I wtll never do it again. shouldn't have done it this time. I violated a twenty-year rule. They drafted this. I can'k find anybody who can explain some of the questions bein: asked. The way I read it, its language is elear. They can qive the money to anybody for a marina. Whoever they loan it to must pay back fifty percent. The monies being paid back go into a fund. That fund can only be used to operate or maintain State-owned marinas: if you read the Sections together. Now, that seems to be the flow of the stream of funds allocated by the Bond Authorization Program. Build anywhere. The local governments borrow it: pay it into a fundz but the fund is restricted to operate State-owned as I read it - facilities. The revenue skream, as I understand it# is those monies in Build Illinois that are created by a differential between the eurrent deposit and the proposed schedule of deposits. While the initial money is already earmarked without question in the Build Illinois Proqram, transfers could be shifted by - as I understand it the current change in rate that will allow them to sell bonds for a lesser interest rate than we authorized and presumed when the bond -- when the Build Illinois Fund was last adjusted. So they presumed - as I understand - at a rate of eiqht and a quarter or some sueh number. Theydre selling somewhere in the mid-sevens. Those sixty, seventy or eighty basis point difference, some believe, gkve the cash flow - maybe not in 19l and maybe not quite in '92, but by '93 - to fund these things. If thae answers you.

Further discussion? Senator Demuzio. No. Senator Luft. 19l  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990

Thank you -- thank you, Mr. President. Would hope that we could have...

I'd ask again the staff to take the meetings off tbe Floor. Senator Luft.

Thank you, Mr. President. What I would like to do for ehose people that - especially Senator Netsch, who is worried about Navy Pier - in the next bill, which is the appropriation bill, assuming this would pass, our analysis - and I think accurately - portrays -- Senator Netsch. Senator Netsch. think you will find in the appropriation bill following this that accurately portrays that these are the assumed projects which this money would be spent for. There is nothing in granite that these are the projects. These projects would have to make application: have eo be eertified, have to be financially stable: and be able ko repay at least fifty percent of the project. Now the other part that -- the other part that I want to make sure that everybody realizes is that wefre talking about a sltuation where some of these marinas could be totally State-owned. They don't have to be private; they eould be totally State-owned. I would further suggest that the applkeatkon at the Pker - if there was one Eo be made - could come from an independent source, could come from the Chicago Park District, or anywhete else. And I want ko elaboraee on what Senator Carroll said. The revenue stream to pay the bonds comes Crom a differential of interest rates. They were supposed to be the bonds were supposed to be between eisht and nine percent at sale. They're selling at seven pereent. That factored amount into khe debt is what will go to relieve tbe bonds.

Further discussion? Senator Demuzlo. l92  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslative Day June 29, 1990

Senator Carroll, could you identify for us the revenue stream agakn, wkth respect to whete thks money is coming from in order to pay off these bonds?

Senator Carroll.

It is my understandingz as I said - and I believe Senator Luft just reiterated - that the fundinq -- the repayment funding source is a result of the fact that Build Illinois Bonds will sell at lesser basis points interest rate than originally presumed. While I -- I would tend personally to disaqree with the exacts that Senator Luft suggested, I think kt ks -- it appears to be fifty, sixty, seventy basis points, meaning instead of eight and a quarter, eight and a halfy itdll sell at somewhere between, you know, seven and a half and seven and three quarters. That differential on this size issue is enough to then go borrow some additional funds to fund projects from the existing revenue stream. So without adjusting the feeder into the Build Illinois Fund, the taxes that qo into the fund to pay off bonds to retire bonds -- you can, in fact, sell a greater number of bonds, beeause you're selling them at a lower interest rate, and therefore your repayment schedule on each bond is less money Ehan you thought.

Senator Demuzio.

Let me ask a -- a -- another questionr then. Is this is thls -- is this golng to be competition for the clean Water and the school distrîct constructîon bonds that we just passed out of here? Is this -- is it the same revenue source?

Senator Carroll. 193  STATE OF ILLINOIS 86th GENERAL ASSEMALY REGULAR SESSION SENATE TRANSCRIPT 112th Legislakive Day June 29, 1990

I mean I could say that since we haven't qotten that far in conference kouldn't know, but since youîve advised me that that's the stream you want, I would have to answer yes.

Senator Demuzio.

Well, I think that's what puzzles me. I nean: if we're goin: to be doînq projectsy seems to me that everythin: ought to be working in concert, and I don't -- somehow or other, I just don't khink khey're in competition With one anotherz but somehow or other, I just donlt know. And so it just seems to me that if I vote for this: I might be takinq away revenue -- the revenue stream for the clean water projects and khe School District Construction Bond Act, and I tbink I'm along the same lines as Senator Woodyard. Maybe we ought to just vote Present on this and -- till we :et this thing a1l sorted out and straightened out, and maybe once we do that, evelything wkll go together.

Further diseussion? Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. rise in support of the Conference Committee on House Bill 3393. There's been a great deal cf talk about marinas, but I just want to call to the attention of every Member that there is much more in here. For those of you who have an interese in corrections facilities, we dre providing the bond authorization to construct them. For those of you that have an interest in Mental Health and Public Health facilities, we're providing the bond authorization to construet them . And so forth and so on. We have pasEed legislation earlier to provide the capital construction needs that we have identified as being needed by the citizens of the State of l94  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislatkve Day June 29, 1990 Illinois. The purpose of thks bill is to provide the bond authorizations to construct those facilities. So I encourage you to vote Aye on this Conference Committee Report.

Further discussion? Senator Carroll, to close.

Whyr thank you, Mr. President, Ladies and Gentlemen of the Senate. I won't quote the Member, but there are Members Who suggested that Millikln designed these bonds. These are not junk bonds sold by any agency. The bureau designed them. I don't know which speaks higher for the issue, but 1et me just state these are the bond authorization numbers necessary to implement the concept of loans to marinas, as Well as the Creamery and other projects identified. As I said, to the best of our knowledqe, it appears as if the flow is -- we will issue Build Illinois Bonds, being able to pay for them because we have the cash flow money to buy more bonds than we thought, to put it simply. These addieional bonds will then be used to fund the marinas by grant or loan to units of local government. Fifty percent of that shall be repaid to a fund. The fund may be used - or shall be used - by the Department of Conservation to operate State-owned marinas. That 's for the vast majority of that which is in this adjustment to General Obligation Bonds, The other minor ones being the capital projects mentioned. With that, I commend it to the Senate, and ask for a favorable roll call.

The question is, shall the Senate adopt the Conference Committee Report on House Bill 3393. Those in favor will vote Aye. Opposed, vote Nay. The voting's open. Have al1 voted who wish? Have àl1 voted Who wish? Have al1 voted who wish? Have all voted who wish? Take the record. 0n that question, there are 25 Ayes, 16 Nays, 14 voting Present. The Conference Committee l95  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29r 1990 Report is not adopted, and the Secretary shall so lnform the House: and Senator Carroll requesks that a seeond committee on conference be -- I'm sorry. A11 riqht. The Gentleman requests that further consideration be postponed.. So ordered. 3460. Senator Luft. Madam Secretary.

Pirst Conference Committee Report on House Bill 3460.

Senator Luft.

This is ehe appropriation bill for what we just didn't do. So lek's take a vote.

Discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on House Bill 3460. Those in favor Will vote Aye. Opposed, vote Nay. The votingls open. All voked Who wish? All voted who wish? Have all voted who wish? Have all voted Who wish? Have a11 voted who Wish? Take the record. On that question, there are 29 Ayes, 19 Nays, 8 voting Present. The Conference Committee Report is not adopted. The Gentleman requests that further consideration be postponed. So ordered. Senator Holmberg. . 3875. Senator Carroll. 1933. Madam Secretaryz please.

Fkrst Conference Commkttee Report on Senate Bk11 1933.

Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This Conference Committee Report that We have discussed does the following critical things to the operation of Stake Government. It ise by the way, in total, an addition of about just under l96  STATE 0F ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 sixteen nillion dollars of General Revenue Funds, and an allocation of about sixty million dollars from other fundsz and seems to be the sum and substance of the General Revenue Fund suggestions of the leadership and Governor's Conferences that have been going on for quite some time with the Appropriation Chairman and spokespersons from the minority side. It Would, in facty fund to the Department of Public Hea1th families With a future, to guarantee them the operational funds necessary to attract something they have not been doing, though by law could have been, to attrack additional six and a half million of federal dollars to work in the area of coeaine babies and drug-addicted mothers. It would also allow the purchase of a telecommunications satellite linkup here for Springfield. It wouldr for ESDA, provide funds for tornado damage in Central Illinois. It would provide a grank to recordings for the blind, for some seventy-nine thousand dollars. It would fund - and by language require - the day care center for the State Police Administration Building. It would implement the unemployment compensation agreement by the Department of Employment Security, and would therefore place nine million dollars into that fund in order to keep the kwenky-some-odd offices open Statewide, and the two hundred employees workinq. It would, for the Department of Commerce and Community Kffakrz, provkde the continuatkon of a grant for distressed period marketing. It would give the Medical Center Commission the operations of a Technoloqy Park, something ke have done, or are about to do, by substantive legislation. IE would, in fact, place the appropriatlon auehoràty in the IHEAP Fund for the full amount deemed necessary for the Home Energy Assistance Program, in addition of some thirty million dollars appropriation authority. It would fund the loan for *he Ciky of East St. Louis, with the strings as attached by the substantive language. It would fund the Loeal Tourism Fund increase that has l97  STATE OF ILLINOIS 86th GENERAL ASSEM3LX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990 been provided by the legislation that would take us from five to eiqht nillion, using the existkng allocation formula. It does restore operations to the Department of Transportation of some 7.2 million of Road and approximately five hundred of General Revenue Funds. It allows DCCA to do some reallocations, takin: some parkicular proqrams and switehing them, for which will answer questions, but it's that which we have allowed al1 other agencies to do, and they forgot to do yesterday when we passed their bill. And it does provide the Department believe, it's of Public Health - grants the hospitals who -- who are now Statewide Level I Trauma Centers in the amount of five million dollars. With thatr I would ask for a favorable roll call. PRESIDENT ROC#: Discussion? If not, the question is# shall Senate Bi11 1933 -- shall the Senate adopt the Conference Committee Report on Senate Bill 1933. Those in favor will vote Aye. Opposed, vote Nay. The voting's open. All voted who wish? Have a1l voted who Wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, l Nay, 1 voting Present. The Senate does adop: the Conference Committee Report on Senate Bill 1933, and the bill, having received the required constitutional majority, is Jeclared passed. A11 right. With leave of the Body: we'll move back to Paqe 4 on the Calendar. I mean Calendar No. 4. Senator Lechowiez. 1504. On the Order of Supplemental Senate Calendar No. 4, on Conference Committee Reports, there's a report with respect to Senate Bk11 1Gû4. Madam Secretary, Please.

First Conferenee Committee Report on Senate Bill 1504.

Senator Leehowicz.

Thank youe Mr. President, Ladies and Gentlemen of the Senate. l98  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 I'd like to move to concur in Conference Committee Report on -- Amendment No. on Senate Bill 1504. Basically, what it does it puts a1l of Senate Bill 1565, which passed out of this -- out of this Senate by an overwhelming vote - over 50 votes to nothing - which would provide a relief for a person who lost kheir home in Cook County, due eo an error in the procedure on a tax sale or a tax buy. It also increases the fees paid to the Indemnity Fund by buyers in tax sales from forty to eiqhty dollars; increases the cap on that fund from one million to two million dollars; it allows the court to avoid a tax deed based on fraud or deception, or upon showing an error by the county clerk or county collector; allows the taxed person to receive reimbursement for expenses when such a deed is avoided. It also deletes a11 the airport tax revenues that were originally in the bill in 1504 as it came from the House, and would require persons who have been in tax sales to deposit with the collector an unconditional letter of credit or a bond of at least one and a half times the amount of the tax due. This Conference Committee Report has the support of the County Collector, the President of the Cook County Board, the tax buyers and the sellers, because it Einally provides the relief mechanism if a person who has purchased a home in good faith and it was unfortunately placed on a tax sale due to an error in any county office. This gives the indivldual that type of relief that was pointed out by Channel 2 and Pam Zeckman -- the inaccuracies of the current system in Cook County. I know of no opposition to Ehis Conference Committee Report, and strongly suggest your strong support in behalf of Conference Committee Report on 1504.

Discussion? Discussion? If not, the question is# shall the Senate adopt the Conference Committee Report on Senate Bill 1504. Those in favor will vote Aye. Opposedr vote Nay. The voting's open. Have a1l voted Who Wish? Have a11 voted who wish? Have l99  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 a11 voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1504, and the bill, having received the required constitutional majority, is declared passed. 3793. Senator Daley. Madam Secretary, on the Order of Supplemental Calendar No. 4, Conference Committee Reports: is House Bill 3793: please.

First Conference CommiEtee Report on House Bi11 3793.

Senator Daley.

Thank you -- thank you, Mr. President and Members of the Senate. I move the adoption of the First Conference Committee Report on House Bill 3793. And what the bill does -- it gives the RTA a continuing appropriation which is parallel treatment with cities and counties. It also changes the Department of Revenue's payment of the RTA sales tax. Instead of processing a check once a month - handout check - the Department would prepare a single annual advance payment from the RTA sales tax receipts in each -- each March. The bill also contains provisions of Senate amendments to House Bill 309, which is a Department of Revenue administrative bill. It also contains a Section for creating tWo new cateqorkes of special service areas - the business district special service area and the public transportation service area - which will enable the City of Chicago to move forward witb the proposed circulator. The most important feature of this bill is the provision which exempts - and I emphasis exempts - residential property owners and tenants from the property tax levy to fund the circulator. Only commercial and industry property owners will pay for the circulator. The -- the project was recommended by the Metropolitan Planning Couneil, a eoalition of property owners, 200  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 developers and public agency representatives. The project is also supported by the Chicaqo Development Council, a group composed of many of the largest property owners in the downtown area. This bill passed in the Senate earlier: the circulated bill, by a vote of 59 to nothing. I'd be happy to answer any questions.

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

Thank you: Mr. President. We have adopted this in House Bill 309 some weeks agoy but I think we -- we already have a commitment of twenty million dollars, payable over the next five yearsr for this study. Basically, this project is goin: to cost somewhere between four hundred and fifty and seven hundred million dollars, and probably one-third of it will be paid for by -- possibly the State of Illinois - and that's yet to be determined - but they 're b0th -- the tax district, the Federal Government, and possibly the State of Illinois tbrough the bond route. I just think we ought to know what we're getting into. I'm not against the project, but a1l of you should know Lhat there's a potential cost to the State of Illinois of probably tWo hundred million dollars in the future.

PRBSIDING OFFICER: (SENATOR LUFT) Furkher discussion? Senator Philip.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. rise in opposition to the idea of a circulator down in the City of Chicago, or Loop, for a couple of reasons. FirGt reason, it imposes a properky tax witbout referendum. Therê is no restriction - whether it's the Loop area, the City area, or the County area - there is no prohibition on the distriet whatsoever. So we don't know if welre talking about the Loop, the full City ar the full County. It locks the State of Illinois in for any period from two to five to seven years under eonstruction for a -- a 20l  STATE 0F ILLINOIS 86th GENERAL ASSEMNLX REGULAR SESSION SENATE TRANSCRIPT 112th Legkslatkve Day June 29, 1990 total of between five hundred million to seven hundred millàon. Illinois pays one-third, the City pays one-third and the Federal Government pays one-third. You know, this is the biggest single item the City wants, and quite frankly: I don't mind helping the Ckty, but kt's irresponsible, in my judgment, to lock us in and lock the incomin: new Covernor in to this maybe over seven hundred million dollars to build this facility. Might also say that Chicago always gets its share, and I wonlt sit here and list everything that Chicago qot during this Session, because don't -- we don't have enough time, but 1911 -- this one little item. We reapproprtated eighteen million dollars for libraries. We're giving them another ten million dollars. That's twenty-eight million dollars for libraries. Tell me how many oc you downstaters got one dollar for one of your libraries. We ought to look at this closely, and quite frankly, we ouqht to turn it down and put it off.

PRESIDING OFEICER: (SENATOR LUPT) Further discussion? Senator Brookins.

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

PRESIDING OFFICER: (SENATOR LUFT) Sponsor indicates hedll yield. SBNATOR BROOMINSZ Senator Daley, this proposal of the circulator Was put together by the business people in the Chicago and the downtown area?

PRESIDING OFFICER: (SENATOR LUFT) Senator Daley.

Yes, sir.

PRESIDING OFPICER: (SENATOR LUFT) Senator Brookins. 202  STATE OF ILLINOIS 86th CENERAL ZSSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legkslatkve Day June 29, 1990

And itfs estimated that it will revitalize that and and create -- in sales tax incentive and -- which will feed back into the Seate of Illinois?

PRESIDING OFFICER: (SENATQR LUPT) Senator Daley.

Yes, sir.

PRESIDING OFFICER: (SENATOR LUFT) Senator Brookins.

I rise in support of this bill. I have attended quite a few of the meetings in the downtown district of Chicago and talked with the businessmen, the State Street Counckl, and et cetera, and they estimate that this will greatly enhance *he business district and the shopping center in the center of Chicago, and would create sales tax and taxes that will benefit the entire State of Illinois. Most of the -- the monies it Will take to build this Will be produced and created from business and the increase in business, and the businessmen are -- are willinq to -- ko to -- Eo bear that expense. So this is a good thing for the State of Illinois, and eventually Will will help the entire State. Thank you.

PRCSIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Schaffer.

Mr. Chairman -- Mr. President: question for the sponsor.

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

The copy I have, assume it's the same page number - 104 - would seem to imply that the bonds are backed up by a levy 203  STATE OF ILLINOIS 86th GENSRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legtslative Day June 29, 1990 aqaknst a1l taxable property. NoW the way I read ''all taxable property,'' that's residential, commercial, industrial. A little ahead of that, in lines 28 through lines 32, it's -- very clearly says that the special service area may be àn the municipality or county, and it may -- there may be several areas set up. So what this appears to say is that the bonds are backed by taxes against al1 property - all taxable property - and that the area ln fact could include, I -- I assume, virtually all of Cook County . don't think that was the impression I got from the analysis, but -- wondering lf you could respond to that.

PRESIDING OFFICER: (SENATOR LUFT) Senator Daley.

Senator, residential property is specifically excluded in this bill. So there w1l1 not be a tax on the residenttal property. PRESIDING OFFICER: (SENATOR LUFTJ Further discussion? Senator Welch.

Yes. I -- 1'Q like to ask a question of the Bponsor.

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

I was -- Senator: I was looking through the analysis, and What it says is that this amendment Would exclude from the invested capital tax, the assets of those businesses - this is paragraph 31 - including the buildins. According to the beparkmenk of Revenue , the issue has been most recently and strongly been raised by the Building Owners and Managers Assoeiation of Chicago. Is this goin: to take any money aWay from either the State General Revenue Pund or some State tax fund, by doing this?

PRESIDING OFEICER: (SENATOR LUFT) Senator Daley. 204  STAQE OF ILLINOIS 86th GENERAL ASSEMBLX RECULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29p 1990

Senator, the answer is no. That is a Department of Revenue technical change.

PRESIDING OFFICER: (SENATOR LUFT) Senator Welch.

Well, we 're not reducing the value of certain buildings in -- Wedre not reducing the value of certain buildings in the City by this amendmente then, so that tbe tax that Would apply to them Would be different than What it is prior to passing this bill?

PRESIDING OFEICER: (SENATOR LUFT) Genator Daley.

Senator, the answer is no.

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

Mr. Presidentg Ladies and Gentlemen of the Senate, 1et me just respond to some of my colleagues from the other side, and their fears as far as a possible impact on the State General Revenue Fund, with the concurrence on this conference committee. If you recall, Senator Roek had a bill that created this district and this type of transporeation in the Loop, whieh sailed out of here 58 ko nothing. The Chicago Development Couneil, which are a11 the primary large business groups within the Loop area of the City of chioago, have endorsed Ehis meEhod of transportation. :he Metropolitan Planninç Council have also endorsed this method of transportation. What they're tryin: to do is to make a eirculator that would run from Oak to Des Plaines to Polk to State Street to the Stevenson to Lake Michigan Without one cost or one penny to the taxpayer of Illinois, based upon a real estate tax that's been agreed to by the people that I just mentioned the Chicago 205  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29: 1990 Development Councll, who are the business people wiehin that taxing district. If anything you should be eoncerned about, would be providin: mass transit at no cost to the taxpayers of Illinoisy and this bill does this. It creates a mass transit district within the Loop area, financed by - willingly by - the property tax owners, who are the business community in that area. They realize the importance of having this type of transportation available within the -- within *he boundary areas -- classified. Ladies and Gentlemen, if the Chicago Development Pouncil has endorsed this program, which are the leading businessmen in this State, I don't see why we should not.

PRESIDING OPFICER: (SENATOR LUFT) Purther discussion? Senatoz Joyce. Senator Joyce.

Thank you: Mr. President and Members of the Senate. senator Philip and Senator Weaver, this legislation is merely authorizatlon. There are -- there are no costs at this point in time. If at some subsequent time there's a determination that khis would be an improper expenditure - the State could not afford to go forward with this - we could make that decision at that time. This is merely authorization legislation.

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

Well, Mr. President, the more I hear debate on this Conference committee ReporE, the more confused IIm getting. Ilm getting different signals from different sides. Senator Daleye on Page 104: lines 29, I have a sentencew ''The municipality or county which so establishes several areas as a set may provide that the rates of tax levied pursuant to this Act need not be the same for each area in the set.' NoW the way I read it, that could mean that there's -- theress an inequitable distribution oc the taxes. 206  STATE OP ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SCNATE TRANSCRIPT 112th Legislative Day June 29, 1990 ïou may be -- unless I'm reading it wrong, it seems like you could be taxing different -- different area a different rate.

PRESIDING OFFICER: (SENATOR LUPT) Senator Daley.

Senator, the transportation district would have a special -- would have the same rate, and this would be determined by the City Couneil.

PRESIDING OFFICER: (SENATOR LUPQ) Senator Dudycz.

I understand that, Senator, buk there -- it says the rates of taxes -- or the tax levy pursuant -- need not be the same area. So are you saying that the City Council can levy, you know, a rate double in one area of what it is levykng in another area?

PRESIDING OFPICER: (SENATOR LUPT) Senator Daley.

senator, the -- the tax rate. my understanding, would have to be the same -- the tax rate.

PRESIDING OFPICER: (SENATOR LUFT) Senator Dudycz.

Again, Senator, staff brinqs to me another point. Says khat the the public transportation special service area means a business distrtct special service areae or a :et of areas. Again, I -- I'm qetting -- the more you're explaining this Senator; the the more you're confusing everybody. At least me.

PRESIDING OPFICER: (SENATOR LUPT) Senator Daley.

Senator, boetom line, what is your question? I am not trying 207  STATE OF ILLINQIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legtslative Day June 29, 1990 to confuse this Body at all.

PRESIDING OFFICER: (SENATOR LUPT) Senator Dudycz.

Idm just trying to give straiqht answers. What is your question?

PRESIDING OFFICER: (SENATOR LUFT) Senator Dudycz.

Senatore my question is that I don't know whether to vote Yes or No, and -- because like I saids I guess -- I guess -- I guess my -- I want to vote with you, being a Chicagoan, buk there are so many questions being thrown at me and so many different messages IIm gettin: across on bokh sides of the aisle, I think I'm just going to vote Present.

PRESIDING OPFICER: (SENATOR LUFT) Purther diqcussion? Senator Marovitz.

Senator Daley: if you have all these questions: is this your first bill? Huh?

PRESIDING OPFICER: (SENATOR LDPT) Purther discussion? Senator Netseh.

Thank you, Mr President. Senator Dudycz, yoo hoo, Senator Dudycz, -- yeah: I'm going to try to change your Present to a Yes. Let me just briefly explain something, if I might, about a special service area. If you go back to the Illinois Constitution, it has what amounts to a uniformity clause, that is property must be assessed and taxed uniformly within the same jurlsdiceion. In order to make it possible for a municlpality or a county eo have special projects Whieh don'k benefit the whole area, and at the same time not have to charge the whole area in 208  STATE oF ILLIxoIs I F 86th GENERAL ASSEMBLY I . RscnLxR susszox SENATE TRANSCRIPT l ll2kh Legislative Day June 29, 1990 kheir property taxes, the Constitution specifically authorized the creation of something called I'special service areasr'l and the whole idea of a special servlce area is that a city or a county may determine to sort of carve out some part thereof that is going to be benefited by a special projecty and charge different property tax rates in that area. In other wordsw in effectr impose a different property tax to pay for that project. That's really the whole idea, and a 1ot of this confusing language really relates to that use of a special service area, and as I understand it, the -- this transit district -- what do we eall it -- transporeaeion whatever, is to -- is to be set up as a special service area, so that the whole of the City and the whole of the County would not have to be charged for it. And in addition, there is a provision which says that the taxes are to be extended not ko residential property - and that better prevail, because it's my residents who are in a good part of this district, but I read the language khat Wayr and I am satisfied. PRESIDING OFFICER: (SENATOR LDFT) Purther discussion? Senator Dudycz, you Wish to respond? SENATOR DUDYCZ: Well, just to respond to Senator Netsch. Now I think I am -- not only am I totally confused, but I think Senator Daley is also. PRESIDING OFFICER: (SENATOR LUPT) Further discussion? Senator Weaver. SENATOR WEAVER : Thank youe Mr. President. Welle whether or not We act on this tonight, the planning process will continue: because Welve provided twenty million dollars over the next five years for planning for the circulator project. So, Senator Dudycz may be Conqressman Dudycz before ehis decision need be made. PRESIDING OFFICER: (SENATOR LUFT) Purther discussion? Further discussion? Further discussion? 209 1 i  STATE OF ILLINOIS i 86th GENERAL ASSEMBLY j RZGULAR SESSION l ' SENATETRANSCRIPT 112th Legislative Day June 29, 1990 Senator Rock. SENATOR ROCK: Thank you, Mr. President, Ladies and Gentlemen of khe Senaee. I rise in support of the Conference Committee Report of House Bill 3793: and would wish to remind the Membership thak just ône Week ago khis exact identical provision was passed by the Senate with a vote of 57 to nothing. END OF TAPE TAPZ 6 SENATOR ROCK: It was put on as Amendment No. 3 on Senator Weaver's bill; I explained it thenz I thought, amply. This concerns itself with a special service district that is to be seE up in downtown Chicago. Set up in downtown Chicago I might add, at the request of the Development Council. Those are the people that develop and oWn the property - commercial property - in the Loop. And ehe reason for the urgency in khis, and the reason it passed 57 to nothtng one week ago: was that in order to qualify for federal UMTA mopey: federal transportation money, one has to go to Washinqton wieh a district set up and with a local tax in place, so that you can qualify with your local share. If the City of Chicago is denîed the opportunity to set up this diserict, and ko tax the commercial property - and I underline commercial as opposed Eo residential - they stand to lose somethîng in excess of fifteen million dollars this fiscal year, and this is truly noncontroversial. I know very well What happened -- What happened was this was identified as beinq important to the City of Chicaqo. And so it now has become a bargaining chip. It is a ehip on the table. And Was, in facte 210 ! !  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 on the table this morninq when -- When the leaders met With the Governor. And it was going ko be combined with all kinds of extraneous thingsf none of which mek with any agreement. The fact of the matter is this is necessary. It is a technical change that is absolutely necessary for the City of Chicago to access federal money. It needn't be used as a bargaining chit. It passed out of here 57 to nothing one week aqo, and I would urge the adoption of this Conference Committee Report.

PRESIDING OFFICER: (SENATOR LUPT) Further discussion? Senator Philip, for a second time.

Thank you, Mr. Presidenk and Ladies and Gentlemen of the Senate. Senator Rock, I just can't completely agree With you. Nobody knew what was in that amendment. It was a last-minute deal. When you look at it and analyze it, I hate to tell you, ehere 's nobody on the Ploor of this Senate can tell you it's reskricted to the Loopr the City of Chicago: or Cook County, and khat's a fact.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Daley, you wish to close?

Just just simply Mr. President. Senator Dudycz, I'm not confused at al1 -- on this bill at all. I have tried to answer your questions in good faith. I assumed you answer -- ask those in good -- good faith. I just move the adoption of the First Conference Committee Keport Eo House Bill 3793.

PRESIDING OPPICER: (SENATOR LUFT) The question is: shall the Senate adopt the Conference Commitkee Report on House Bill 3793. Those in favor Will vote Aye. Opposed, vote Nay. The voting i: open. Have al1 voted who wished? Have al1 voted who wished? Have a1l voted who wished? Last time. Have a1l voted who wished? Take the record please, 21l  STATE OF TLLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Madam Secretary. On that question, the Ayes are 30e the Nays are l9, voting Present, and House Bill 3793, have -- and the Senate does adopt the Conference Committee Report on House Bill 3793. The bill, having received the required constitutional majority, is declared passed. And the next case is House Bill 3310. I am going to read a letter first Where -- addressed to President Rocky Where Senator -- State Representative Terry Steczo has removed Senator Fawell as chief sponsor of House Bill 3310 and named instead, Senator Thomas Dunn. On the Order of Conference Commlttee Reports is House Bill 3310. SenaEor Dunn. Madam Secretary.

First Conference Committee Report on House Bill 3310.

PRESIDING QFPICER: (SENATOR LUFT) Senator Dunn.

Thank youy Mr. President. This bill affects Senate Amendment No. Which was the removal of a controversial portion dealing With the original bill, and the adoption of an amendment by Senator Fawell concerning downstate forest preserves, and a technical amendment concerning fire protection districts, as well as adding language for county executives, including Will County, to control the internal operations of their offices. It adds that no person shall also make an offer at a tax sale, unless ten days prior to making an offer an irrevocable and unconditional letter of credît or a bond in an amount of not less than one and a half times the amount of the tax due, payable to Ehe collector , presented. I urge adoption of the bill.

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

Thank you very much. Apparently I have been outmaneuvered . 2l2  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Basicallyy the reason I was not planning on calling this bill is I because there happens tobeaverycontroversialamendmentthat was placed on by the Gentleman over in -- in the House about Will 'j County, that is objected by some of those who represent Will Countye and others of those who think it's a great idea. Basically: my understanding is what thks amendment wil1 do is allow the executive or the chairman of the board to be able to do some hiring and fkring that under normal circumstances he would nok be allowed to doe and there seens to be a difference of opinion whether that authority should be left in the hands of the County Board of Will County, Who happened to be one persuasion, and the County Chairman, who happened to be of another. I would suggest with my eolleaguesz perhaps we should kill this bill.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. The person kho 's insiseent on callin: this bill may not recall - in that he was not here when it occurred - but the county executive position was created by his predecessor, Senator Sangmeister, in response to what was perceived abuse by the chief executive of Will County at the eime, and the county executive Was portrayed as a good government measure. Senator Dunn, I think what youlre doing is returning this back to the posture that existed at the time that your predecessor proposed the legislakionr and I think you seek to commiE Ehe same abuses Ehae your predecessor Eried Eo rectify, and I would urqe the Body to reject that opportunkty.

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

Mr. President and Ladies and Gentlemen of the Senate. I think khis bill would give much too much power to the chief executive of ! 2l3  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Will County. I think it'd be a bad precedent, if he can hire and fire five hundred-plus employees without the authority of the county board, and I speak against this bill.

PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? If not, Senator Dunn, you wish to close?

Thank you, Mr. President. Well, it's interesting that a1l those that rise to oppose this do not live in Will County, and they are against the appointment by the county executive to appoint subordinate deputies and employees, and appointees. And Senator DeAngelis, I'd say to you that I -- in your quest for being President of the Cook County Board, if youdre telling me you don't want khose things, then you ought to vote No: but I urge and Aye -- adopt -- Aye vote.

PRESIDING OFFICER: (SENATOR LUFT) The question is, shall the Senate adopt the Conference Committee Report on House Bill 3310. Those in favor will vote Aye. Opposed, vote Nay. The vokin: is open. Have all voted who wished? Have all voted Who Wished? Have al1 voted who wished? Last time, have a11 voted who Wished? Take khe record please, Madam Secretary. On the question, the Ayes are 27, Nays are 28, none -- 27 -- none votin: Present. The Conference Committee Report is not adopted, and the Secretary shall so inform the House. Ohz I'm sorry. The sponsor recommends postponed consideration. Messages from the House. We will do Messages from the House right noW, and in a very brief minutey so we can get the paperwork going, we will move to Supplemental No. 6, where Welll start with Dudycz, Carroll, Hall: Davidson and Zito. Messages from the House.

A Message from the House by Mr. O 'Brien, Clerk.  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Mr. President - I am directed to inform the Senate that the House of Representatives has refused to recede from their Amendment No. l -- Amendments No. l and 3 tp a bill of the following title, to wit: Senate Bill 1767. I am further directed to inform the Senate that the House of Representatives requests a First Committee of Conference to consider the differences of the two Houses in regard to their amendments to the bill. Action taken by the House June 29, 1990. A Message from the House by Mr. O 'Brien: Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has refused to adopt the First Conference Committee Report on House Bill 1550, and requests a Second Committee of Conference to consider the differences between the two Houses in regards to Amendment No. 1. I have a like Message with regard to House Bill 4124 With House -- with Amendments 1, 2, 3, 4 and 6. And House Bill 3875 with Senate Amendments l and 2.

PRESIDING OFFICER: (SENATOR LUFT) Senator Demuzio moves to accede to the request for a Conference Committee. Supplemental No. 6. Supplemental No. 6, Conference Committee Reports, is House Bill 493. Senator Dudycz. Madam Secretary.

House -- First Conference Committee ReporE on House Bi11 493.

PRESIDING OFFICER: (SENATOR LUFT) Excuse me. Excuse me, Madam Secretary. Senator Collins, for what purpose do you seek recognition?

I'm trying to -- has Supplemental No. 6 been passed out? have not seen it, and apparently people back here haven't seen it. 215  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

PRESIDING OFFICER: (SENATOR LUFT) It has been distributed. ...tmachine cutoffl...

Ladies and Gentlemen, everybody have a copy of Supplemental No. 6? Somebody give Senator Zito a copy, please. Supplemental No. 6 contains House Bill 493. Senator Dudycz. House Bill 2181. Senator Carroll. 3271. Senator Hall. 3374. Senator Davidson. 3656. Senator Zito. 3682. Senator Jerome Joyce. 3722. Senator Topinka . 4190. Senator Luft. And 1136. Senator D'Arco. Does everybody now have a copy of Supplemental No. 6? Senator Dudycz, I think we dre ready. A11 right. Madam Secretary -- once more I'm going to have Eo insist that the staff take the conferences off the Ploor. On the Order of Supplemental Senate Calendar No. 6, Conference Commkttee Report on House Bill 493, Madam Secretary.

First Conference Committee Report on House Bill 493.

Senator Dudycz.

Thank you, Mr. President. Conference Committee Report No. 1 on House Bill 493 provides that any person Who is convicted of violatin: the Cannabis Control Act or the Controlled Substances Act, while in actual physical control of a motor vehicle, would lose their driverds license or permit for one year. As this bill left the Senate, it required that the Secretary of State cancel for one year Ehe drivinq privileqe of any individual reqardless of their age, who was convicted of violating the Liquor Control Act, the Cannabis Control Act, or the Controlled Substances Act, while that person WaS in actual physical control of a motor vehicle. The Eouse, on the other hand, seemed to have some trouble with the Liquor Control Act provisions of the bill, so the report has removed that provision. The report then states that any person 2l6  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqkslative Day June 29, 1990 who is convicted of a violation of Cannabis Control Act or the Controlled Substances Act While in control of a motor vehicle would lose his driver's license for one year. Several House Members had an additional prcblem wkth the outright cancellation of the driver's license provisionr and a provision allowing the convicted violator to petition for a restricted driving permit has been added to Conference Committee Report No. and I believe all oppositkon bas been addressed. There is no opposktion at thks time Ehat I know of, and I ask that we adopk Conference Committee Report No. 1 to House Bill 493.

PRESIDING OFPICER: (SENATOR COLLINS) The Gentleman has moved the adoption of the Firsk Conference Committee Report to House Bill 493. Any discussion? Discussion? If not -- Senator D'Arco.

Thank you. Will the sponsor yield for a question?

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

Senator Dudycz, did you say that the provision which would revoke a person's driver's license for one year, if he was in possession of cannabis in his automobile, is in the bill, or it's not in the bill?

PRESIDING OFPICER: (SENATOR COLLINS) Senator Dudycz.

No, Senator D'Arco, -- the driver's license would be cancelled for a year if he was found guilty of the Cannabis Control Act, or the Controlled Substances Act.

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

217  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 What do you mean by cancelled? -- what do you mean -- they got to tear up: or -- or are they going to -- what do you mean by cancelled?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz.

No. It's not suspendedr Senator, it's -- it's cancelled. The -- the driver's license would be declared void. He would be without a driver's license for that one-year period.

PRESIDING OFFICER: (SENATOR COLLINS) Further -- Senator D'Arco.

Right. And that provision is in this bill. Right?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz.

That's correct.

PRESIDING OFFICER: (SENATOR COLLINS) Senator D'Arcoa SENATOR D 'ARCO) Thank you, Madam President. So itfs my understanding then khat he doesn't have to be smokinq the cannabis at the time that he 's in the vehicle. In other Words, in factr the vehicle he doesn't even have to be drivin: the vehicle at the time. Is that correct? If he just happens to be in the vehicle -- if he just happens to be in the vehicle and in possession of one marijuana cigarettey his driver's license - to use your terminology - is cancelled. Is that correct?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz.

Nog Senator, you are Wrong. It's not if the man has a joint 2l8  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legîslative Day June 29, 1990 or the individual bas a a -- ciqarettes of marijuana or controlled substances. -- first of all, he must be in actual physical control of the vehicle. And he must be found guilty of the Act, not just having possession of a cigarette or a joint, as you descrkbed.

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

But being in actual physical control simply Reans he is behind the wheel of the vehicle. He doesn't have to be drivin: the vehicle to be in actual physical control. And he's in possesskon of the cannabis, the lkkelihood is he wk11 be found guilty. I just want to understand what youdre doin: in this leqislation. Because it's going to get about fifty votes anyway. I just want the Members to know what they are votinq ony when they vote Aye.

PRESIDING OFPICER: (SENATOR COLLINS) Further discussion? Senator Jacobs. Senator Jacobs.

Thank you, Mr. President, Ladles and Gentlemen of the Senate. I -- Senator D 'Arco, I agree with you. I -- you know, this is one - - like you say, is probably goin: to qo out of here pretty big, but, you know, weire sitting here trying to be the quardian of al1 people, and we're trying to be tough on drugs, and welre trying to believe that no kid is ever going to smoke a marijuana cigarettez and wedre trying to thlnk a lot of thinqs. Bu* what I don't understand, and have to aqree -- I don't understand, in our even -- in -- in in our analysis, says, f'Cancellation and denial are more administrative in nature, and the bill requires cancellation and denial, not revocationo'' Now, I Would like to know and I agree with Senator D'Arco - what is the difference? If you are denied a license, by virtue of having khis possessiony 2l9  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRKNSCRIPT 112th Legislative Day June 29, 1990 then your license is revoked: 'cause you don't get one for a year. And I don't understand the language, number one. 1 think number two: in -- in the interest of trying to be all things to all people, and trying to be tough on drugs, we're doin: the wrong thing wîth thks bill: and I happen to be one Who plans on maybe joininq Senator D'Arco and voting No.

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

tell you that as being the father of six children, and I am not telling you that my kids are a1l angels. I'm not telling you that they are bad. But IIm here to tell you that any kid has a chance: and any kid can make a mistake, and if you are goin: to take their license away for a year, for some dumb mistake, I think somekimes that's wrong.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? Senator Geo-Karis. SENATOR CEO-KARISI Madam President and Ladies and Gentlemen of the Senate, I am a liktle tired of hearing that we just slap anyone who wants to use drugs and be in physical control -- actual control -- actual physical conerol of ehe car, and just slap them on the wrisk -- 1et them go out and kill someone while they are under the influence of drugs, and while in physical control - if he has his girlfriend driving, he tells her how to drive when he's smoking marijuana or cannabis, anythin: else. IIm real kired of that. We're :ot to put a stop to iE, and how else are you goln: Eo do lE if you don't put some teeth in the law? I support this bill, and I think it's a qood one: and 'l think we should all vote for ik.

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

220  STATE OP ILLINOIS 86th GENZRAL ASSRMBLY RECULAR SESSION SENAIE TRANSCRIPT ll2eh Legislative Day June 29# 1990 Thank you, Madam President and Members of the Senate. rise in support of this bill. I know the Senator has Worked very hard with the House Members in trying to come up With a compromise. And it is to his credit and the Members of the House that we have. We have to send them a messaqe out -- to the young people. Not only the younq people - anyone driving the car should not have a joint. I urge the adoption of the First Conference Committee Report.

PRESIDING OFPICER: (SENATOR COLLINS) Further discussion? Senator Lechowkcz.

Well, I know the hour is late, and I think this bill is going to fly out of here. It really should. The question is, if you want to have kids who are smoking behind the Wheel: with a marijuana eigarette, vote No, and if you think that they shouldn't be smokinq marijuana ciqarettes and driving, vote Yes. PRESIDING OFFICERI (SENATOR COLLINS) Senator Jacobs. SENATOR JACOBS; Thank you, Madam Presldent. I have never in my short tenure here rose for the seeond timey that I am aware of. But I just still don't understand this. We keep saying we want to send a message out. My goodness, if we haven't sent enough messages out, not only through this Body, but through the -- the Surgeon General, through al1 the advertising, through everybody in this worlde I don't know when we are ever going to get enough messaqes ouk. I don't think that this bill is about someone drivin: a car with a joint. That's not even the issue. The issue is very simple. We're trytng to pretend that we're something that welre notz and I think it's about time we own up to what we should be.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Alexander. 22l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslattve Day June 29. 1990

Thank you, Madam President. Will the sponsor yield?

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

Senator Dudycz, loan you my car, and you leave a -- a joint or a cigarette in my car. You were not arrested or someone caught up with you. I get in my car the next mornin: drivin: to work, run a red liqht, and I am stopped and my car ks searched. The joint is found. Would my license then be revoked, suspended, cancelled?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz.

Senator Alexander, if you were found guilty of possession of that controlled substance, then your license Would be eancelled. That's correct. Not if it Was just found in your your car, and - - and if you're smoking a joint, or -- your kid made a mistake -- wedre dealin: -- wefre talkinq about being found guilty in a court of law, in violation of the Controlled Substances Act.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Alexander.

Thank you. I understand your response to me. However, I have already qualified one, by being in possession of cannabis: in control of an automobiley what defense would I have in court, that indeed, am not the owner of that cigarette?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz.

I 'm sorry Senator, but I donît understand your question. You're saying that there is a joint found in your car -- and 222  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 you 're trying to have me explain to you how are you goin: to l explaàn it to the judqe. I don't understand your question, Senator.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Alexander.

If I understand your legislation proper, I must be in possession of an automobile -- one, licensed driver; two, that I would be in possession of some cannabis - cigarette, joint, Whatever you want to call it. Three, I could be subject to losing my license or not losin: them, but cancellation of my license for a year. I made...

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz.

You're absolutely correct. And if you are found guilty, I think you should have that license taken away from you for a year.

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

Thank -- thank you, Madam President. Perhaps just to clear up some of the misunderstanding in the hypotheticals. Under the hypothetical that you pose it, Senator, you shouldn't be found guilty, because in a criminal court, the State would have to prove beyond a reasonable doubt that you had knowledge that those drugs were Ehere. so you would no* be found guilty. Eecondly. for any who are concerned about somehow catching first offenders in this trap, much to my dismay, we have -- we have not succeeded in dismissing or in abolishin: 1410 probation this year. We still have it, and this bill provides specifically, as iE comes to us now in this stage, that anyone who gets 710 probation or 1410 probation is not considered convicted under this bill, and 223  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGZLAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 therefore the seeretary may not suspend the license.

PRESIDING OFPICER: (SENATOR CQLLINS) Further discussion? Senator D'Arco, for the second time.

Thank youz Madam Chairman I mean, Madam President. You knok, this is getting funnier by the minute. Here is Senator Hawkinson, telling us that if a person is charged wikh possession of marijuana, they can gkve them 141: probatkon and he wouldn't be convicked under this Statue. This is the same Senator that wanted ko revoke 1410 probation. Now he is defending the bill on the premise that it is still viable in the law. Madam President. . .

PRESIDING OFPICER: (SENATOR COLLINS) Senator Dudycz.

Are you still there?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz. Senator Dudycz. Senator Dudycz.

Madam President, point of order. We are not speaking about Senator Hawkinsong or what he is talking for or against on some other legistation. We're talking about a bill that I'm sponsoring, Senator D'Arco, and I Would appreciate your comments to that issue.

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

got a better idea. I got a better idea. Why don't you just remove the provision that he has to be in the car? I mean, why don't you just provide that if anybody is guilky of possession of marijuana, they lose their driver's license? What's the difference if he is in a car or in a bus? or in a train, or walking down the sidewalk? Let's just say that he loses his 224  STATE OF ILLIXOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 driver's license. He's not drivin: the car anyway.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz, to close.

Was that a question, Senator?

PREGIDING OPPICER: (SENATOR COLLINS) Senator Dudycz, to close.

Well -- Madam -- Madam Presldenty Ladies and Gentlemen. Wedre not talkinq about a kid that has a joint in his pocket, or talking about somebody made a mistake, Senator Jacobs. I mean one of your kids, or my kid: or anybody's kid making a little mistake. Welre dealing -- we're talking about -- somebody who is found guklty of either the Controlled Substances Act, or the Cannabis Control Act, While they were tn physical control of the vehicle. We're not talking about somebody Who has a cigaretke in khe car, we 're kalking about people such as Ehose that are sellin: drugs out of Eheir cars in the school yards. Wedre talking about the kids or the people who have the -- the labs -- the amphetamine labs in the back of theàr vans. That's the ones that welre goîng after. I just -- let's just give it a green vote and let's go.

PRESIDING OPFICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First Conference Committee Report to House Bill 493. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a1l voked who Wish? Have all voted Who uish? Have all voted who wish? Take the record, Mr. Secretary. On that question, tbere are 42 Ayes, 8 Nays r none voting Present. Having reeeived the constitutional majority, the Senate does adopt the First Conference Cammittee Report to House Bill 493. House Bill 2181. Senator Carroll. On *he Order of Conference Committee Reports, there is a Conference Report filed With respect Eo House Bill 2181, Mr. Secretary. 225  STATE OP ILLINOIS 86th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29: 1990 ; I ACTING SECRETARX: (MR. HRQRX) i The Conference Committee Report on House Bill 2181. PRESIDING OFFICER: (SENATOR COLLINS) Senator Carroll. I I SENATOR CARROLL: Thank you, Mr. President -- Madam President and Ladies and : Gentlemen of the Senate. In addition ko the conkent of House Bill 2181, the following has been added, and that is that it removes the provision for appointment of two alternate members of county ' zoning boards of appeals and deletes an obsolete reference to congressional townships. It adds a provision to allow open land by means other than condemnation. It adds that annexation on the east side of the Northshore Sanitary District, Libraries, Park and Fire Protection Districts extend to the far side of an adjacent highway. It adds language for the Jackson Union County Port District to enter into agreements with banks and other lending institutions to guarantee contracts of performance with persons in businesses doing business with the district. It extends the term of office Eor all fourteen public members af the upper Illknoks River Economic Development Authority by one year'. And in downstate municipalities, it adds that all members of municipal fire departments are eligible to be elected as officers of that department. Also adds that owners of property who is denied a permit for individual sewerage disposal systems on or after January 1st, 1976, had been granted a permit by the appropriate governmenkal entity may reapply for a permit and be reviewed, using the standards in effect when the original permission had be qiven. That îs the content of the bill, and I ask for a favorable roll call. PRESIDING OFPICER: (SENATOR COLLINS) The Gentleman has moved the adoption of First Conference Committee Report to House Bill 2181. Any discussion? Discussion? 226  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990 If not, those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have al1 voted Who wish? Take the record, Mr. Secretary. On that questionr there are 57 Ayesz no Nays, none votin: Present, and the Senate does adopt the First Conference Committee Report to House Bill 2181. House Bill 2271. Senator Hall. On the Order of Conference Committee Report, there is a Conference filed in respect to House Bill 3271, Mr. Secretary.

ACTING SECRETARY: (MR. HAKRY) First Conference Committee Report on House Bill 3271.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 3271 - the bill synopsis is this it appropriates ten thousand dollars fron the General Revenue Pund to the Department of Children and Family Services for day care education requirement study. The Conference Committee Report analysis is this: it appropriates ten million seven hundred thousand in federal funds, five-million-six-hundred-thousand petroleum violation, and five-million-one-hundred-thousand Exxon Oil Overcharge Settlement Funds to DCCA for shortfall payments under the Illinois Home Energy Assistance Program pursuant to the Energy Assistant Act. I move for the adoption of it.

PRESIDING OPPICER: (SENATOR COLLINS) Senaeor Hall has moved the adoption of *he First Conference Committee Report of House Bill 3271. Discussion? Senator Maikland.

Thank you very mueh, Madam President and Members of the Senate. To rise in support of Senator Hall's motion and just for clariky, the only thin: this bill does noW is to appropriate the 227  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 -- overcharqed money in the amount of ten -- ten mkllion seven hundred thousand. This -- this is an agreement Ehat We made last spring -- the Governor made with the utilities last spring to pick up the shortfall that they were short on the -- IRAPP Program last spring. This is keeping our word, and I rise in strong support of thks motion.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? If not: the question is: shall the Senate adopt the Pirst Conference Committee Report to House Bill 3271. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted Who Wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 40 -- 57 Ayes, no Naysz none voting Present, and the Senate does adopt the First Conference Committee Report to House Bill 3271. House Bill 3374. Senator Davidson. On the Order of Conference Commàttee Reporte there is a report filed in reference to House Bill 3374. Senator -- Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Firsk Conference Committee Report on House Bill 3374.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Davidson.

Madam President and Members of the Senateg khis Conference Committee leaves the billz as amended in the Senate, intact. Adds addikional language, 'cause it's a necessity where there was no salaries currently esEablished by 1aw for Ehe Taxpayers' Ombudsman Office: which begins July lstz 1990. I move the adoption of Conference Committee Report No. 1.

PRESIDING OFFICER: (SENATOR COLLINS) The Gentleman has moved the adoption of First Conference Committee Report to House Bill 3374. Discussion? Senator Kelly.

228  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Thank you, Madam Prestdent. Questîon of the sponsor.

PRESIDING OFFICER: (SENATOR COLLINS) Ee indicates he wk11 yield.

Senator Davidson, in this proposal, there is a annual cosk-of-living increase, I believe, built into it, whlch is very similar to what the Executive Officers, the General Assembly and khe Judiciary had in theirs, which I believe you opposed. Are you, in fact, having this cost-of-living increase built into the taxpayer's ombudsman?

PRESIDING OPPICER: (SENATOR COLLINS) Senator Davidson.

Yes, it is. The action ke took here by the Leqislature, this is included, 'cause this is a Governorês appointmenk: and we se* the salary by Statute. So it'll be considered on the same cost-of-living effort that we are or anybody else is -- was in the Cost-of-Living Bill that passed here last week or week before last - forgot just When was - January -- I mean, July l of 1992, or 9l, or whatever is: beeomes effective.

PRESIDING OPFICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall the Senate adopt the First Conference Committee Report to House Bill 3374. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who Wish? Have al1 voted who wish? Take the recordg Mr. Secretary. On that question, there are 55 Ayes, l Naye none voting Present, and khe Senate does adope khe Firsè conference Committee Report to House Bill 3374. House Bill 3365. Senator Zito. On the Order of Conference Committee, there is a report filed in respect to House Bill 3656, Mr. Secretary.

ACTING SECRETARY: (MR. HAPRY) First Conference Committee Report on House Bill 3656. 229  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

PRESIDING OPFICER: (SENATOR COLLINS) Senator Zito.

Yes. Thank you, Madam President and Members. In actuality, what we've done with the First Conference Committee Report on House Bill 3656 was to recede from Senate Amendment 1, and 3. Delete al1 those provisions and write new provisions concerning Stormwater manaqement. You'll remember this bill and a11 the provisions now in the Conference Committee Report lndeed were passed unanimously by this Body. There was an amendment that was adopked at the request of the Dupage Council on Mayors from Senakor Philip -- that is still in the Conference Committee. However, when the bill went to the House, there was an amendment that I had put on for the Water Reclamation District that met With opposition. And so, we have basically removed that. The bill is intact as it was with that provision removed: and I would ask for adoption of this Conference Committee.

PRESIDING OFFICER: (SENATOR COLLINS) The Gentleman has moved the adoption of the First Conference Committee Report to Rouse Bi11 3656. Any discussions? Senator Ralph Dunn.

Thank you, Madam Preskdent. Would the sponsor yield for a questfon?

PRESIDING OEFICER: (SENATOR COLLINS) Indicates he will yield.

Does khe -- this give eminent domain to buy farmland and wetland do they have the right of eminent domain in it?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Zito.

230  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legkslatkve Day June 29, 1990 I'm Eorry, Senator Dunn, I couldn't hear you.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dunn. SENATOR R. DUNNI Domain for the buying out of wetlands, farmland: -- eminent domain.

PRESIDING OPPICER: (SENATOR COLLINS) Senator Zito.

The answer is no. This bill has nothing to do with that. I -- I could explain it. It's very lengthy. I can tell you that the provisions originally dealt with inner Cook County creating -- seven Stormwater Management Planning Councils for established katersheds consisting in the upper Des Plaines River, but I think your analysis Will explain it.

PRESIDING OPFICER: (SENATOR COLLINS) Further discussion? If not, the question is# shall the Senate adopt khe First Conference Committee Report to House Bill 3656. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wisb? Have all vote who wish? Take the record: Mr. Secretary. On that question, there are 56 Ayes, l Nay, none -- 1 votin: Present, and the Senate does adopt the Pirst Conference Commlttee Report to House Bi11 3656. House Bill 3682. Senator J.J. Jayce. On the Order of Conference Committee Report, there is a conference filed in respect to House 3i11 3682. Mr. secretary.

ACTING SECRETARY: (MR. HADRY) Conference Commlttee Report on House Bill 3682 .

PRESIDING OFFICER: (SENATOR COLLINS) Senator Joyce.

Thank you, Madam President. This has to do with a -- khe pay 23l  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 phones and the 9-1-1 surcharge. Currently, independent pay phones are payin: the 9-1-1 surcharge. But pay phones operated by Illinois Bell and General Telephone are not. So what this does, is level the the playing field so everyone pays the 9-1-1 surcharqe. Also, this bill increases to twenty-five thousand from fifteen thousand the number of subscribers a telecommunication carrler may service and still be exempt from standard rule-making provisions. It also authorizes the 9-1-1 systems to use surcharge fees to secure bond to establish the system. I1d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR COLLINS) The Gentleman has moved the adoption of the First Conference Comnittee Report to House Bill 3682. Discussion? Senator Schuneman -- Schaffer, I'm sorry.

Schuneman is the good-looking guy next to me. I I suspect somebody had to ask this question. We recently had a lkttle experience with an amendment on a bill that didn't quite turn out to be what many of us thought it was. Thls is not khat amendment aqaîn, is it# nor anything vaguely approachkn: kt that's qoknq to have our good friends from CUB buying rifles and marching on the Capitol?

PRESIDING OFFICCR: (SENATOR COLLINS) Senator Joyce.

It is not unless I've been tricked.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer.

Looking at the analysis, Senator is -- it makes us a little nervous. Have we :ot anybody here who feels qualified to speak on behalf of the consumer advocate portion of this equation? Senator 232 I I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Keats? Anyone that could reassure us? PRESIDING OFFICER: (SENATOR COLLINS) Senator -- further discussion? Senator Fawell. SENATOR FAWELL: Will the sponsor yield for a question? Could you tell me -- it just seems to me somewhere in the back of my nind I heard -- somebody came up to me and said something about telephone rates and a1l this good stuff. Do you know if there's anybody that's on - - that's opposed to this bill? PRESIDING OFFICER: (SENATOR COLLINS) Senator Joyce. SENATOR J.J. JOYCE: No. We -- they -- this has been worked over and worked over and worked over, and there is no opposition to this bill. And -- and there is no trickery in this bill. It is not deregulating anything. PRESIDING OFPICER: (SENATOR COLLINS) Purther discussion? Senator DeAngelis. SENATOR DeANGELIS: Well. Thank you, Mr. President -- Madam President. I think What might have confused Senator Schaffer is that a feW minutes ago somebody said that the CUBS new phone number is 9-9-1. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Joyce, to close. SENATOR J.J. JOYCE: I would just ask for a favorable roll call. PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First Conference Committee Report to House Bill 3682. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have al1 voted who wish? Take the recordz Mr. Secretary. On that question, there are 58 Ayes: no Naysy none voting Present, and the 233 $  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Senate does adopt the First Conference Committee Report to House Bill 3682. House Bill 3722. Senator Topinka. On the Order of Conference Committee Report, there is a report filed in reference to House Bill 3722, Mr.'Secretary.

ACTING SECRETARY: (MR. HAKRY) First Conference Committee Report on House Bill 3722.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Topënka.

Yes, Madam -- Madam President and Ladies and Gentlemen of the Senate, this bill basically has two provisions in it now. The original bill, whicb allows the release of information regarding pending reports of a child -- of child abuse to authorized persons, and that went out of here wkth no difficulty. And it also amends the Juvenile Court Act to set time frames for adjudicatory and dispositional hearings in cases of alleged child abuse and neqlect. This is a -- it's severely truncated, cleaned up, pulled toqether, tightened up version of the rather controversial amendment on that -- on this DCFS bill that went out last week. It only it requires adjudicatory hearings to be held within ninety days of the date of service of process kn cases alleging that a child is abusedy neglected or dependent. It allows for only one continuance. It also requires petitions to be dismissed without prejudice upon motion of any party, if the hearing is not heard within the required time limits. It does preEEy much khe same thing for dispositional hearings. The intent is to move cases through the Juvenile Court System at a more timely pace to enable permanency planning for children to be more realistic. That's the bill, and I have got a fleet of very bright people with me here to be able to answer any questions you may come up with.

PRESIDING OFFICER: (SENATOR COLLINS) 234  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Senator Topknka haB moved the adoptkon of the First Conference Committee Report to House Bill 3722. Discussion? Senator Welch.

had a question of the sponsor.

PRESIDING OPFICER: (SENATOR COLLINS) She indicates she will yield.

Senator Topinka, in your earlàer version of this amendment, you advised me on the Floor that there were some provision to allow for money to go to a State's Attorney or to the county to expedike eases. So that in order Eo get around the need for continuances, to get individuals into court quicker, there might be money available for an extra State's Attorney or you would provide that the courts were to set up an expedited procedure on their calendar or assign certain judges to handle these expedited procedures. HoW is that goinq to be handled?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka .

think when we spoke of the first amendmenty we said that ïn the course of moving these through the system faster, we would probably save money on the cases and that would be the money. In terms of actual real dollars that would be guaranteed or in this bkll, there is no such money.

PRESIDING OFFICER: (SENATOR COLLINS) PurEher discussion? Senator -- Eenator Welch.

You've provided for the initial aGjudicatory hearing to be within a hundred and twenty days. What about -- if you have the initial adjudicatory hearing Ehere's a fknding, and then there's a motion to reconsider. Is there any expedited procedure to have that motion heard, or can that delay the case, and is that subject 235  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 to continuances?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka.

My experts tell me it's not provided for in here. It would be at the discretion of the judge. I think you also said this provides for a hundred and twenty days. It provides for ninety. We currently have a hundred and twenty days.

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

Thank you, Mr. President. Ladies and Gentlemen of the Senate, think in fairness I ought to say something, since last week I said somethin: rather derogatory about the first amendment that Was offered to House Bill 3722 in that it was too dramatic a change in the Juvenile Court Act. This amendment I Ehink is a good one. I have spent probably four or five hours wkth Mr. Ghesquiere from the Governor's Office, and Gordon Johnson and some other interested people. What we're attempting to do -- and I'm sure all of you have read the Bob Greene column about the youngster called Sara, Who somehow - Mr. Greene clains - got lost in the system. And the reason that younqster got lost, it is alleged, is because there Were no time lines. There was no set period within whicb the court had to respond to petitions and had to make an adjudicatory ruling. This Wi11 set up those time lines. BoEh DirecEor Johnson and Mr. Ghesquiere agreed thaE we would, over the summer, hold some meetings and attempt really to deal with the biqger picture. But I think it's fair to say that this amendment is pretty Well circumscribed, and think it's worthy of our support. So I would rise in support of the Conference Committee Report on House Bill 3722 . I think ik does establish those time lines Within Which a court has to respond to 236  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 a petition on behalf of a youngster who might otherwise get lost in the system, and I'd urge an Aye vote.

PRESIDING OPFICER: (SENATOR COLLINS) Further discussion? Senator Hawkinson.

Thank you, Madam President. Will the sponsor yield for some questions?

PRESIDING OPFICER: (SENATOR COLLINS) She indicates she will yield. SSNATOR HAWKINSON) Senator, do the State's Attorneys' Association support this amendment?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka.

Yese ma 'am. IIm told they 're not opposed to it.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Hawkinson.

Do they support the amendment?

PRESIDING OPFICER: (SENATOR COLLINS) Senator Topinka.

hgain, my legal counsel tells me, quoter f'They did not have a problem with ity'' end of quote.

PREEIDING OPFICER: (SENATOA COLLINS) Senator Hawkinson.

Let me -- let me just ask you one specific question. On our analysis, it says that this allows for only one continuance: not to exceed thirty days, if it is in the child's best interest and a' written motion was filed no later than ten days prior to the 237  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 112th Leqislative Day June 29, 1990 hearing. Does this mean that ife on the day before the scheduled hearing, one of the State's Attorney's key Witnesses to the abuse or the neglect is unavatlablev that the State cannot get a continuance. because they didn't file a written motion ten days prior to the hearing? PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka. SENATOR TOPINKAI My -- my legal counsel tells me on a court so in motion, it can be continued if it ks less than ken days. PRESIDINC OPFICER: (SENATOR CQLLINS) Senator Hakkinson. SENATOR HAWXINSON: Then what does that written motion mean, if it doesn't mean that it has to be Writing? PRESIDING OPFICER: (SENATOR COLLINS) Senator Topinka. SENATOR TOPINKA: It means it applies to the parties. PRESIDING OPPICER: (SENATOR COLLINS) Senator Hawkinson. SENATOR HAWKINSON: Isn't the State's Atkorney one of the parties? PRESIDINC OFFICER: (SENATOR COLLINS) Senator Topinka. SENATOR TOPINKA: Yes. PRESIDING OFFICER: (SENATOR COLLINS) Senator Hawkinson. SENATOR HAWKINSON: But you're tellinq me that -- that it doesn't mean anything, because if a key wktness is gone, the State's Attorney can still 238  STATE 0F ILLINOZS 86th GZNERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29: 1990 move, or are you sayinq the State's Attorney may not move for a continuance if he's he or she have lost a key witness, but only khe court can do it?

PRESIDING OPFICER: (SENATOR COLLINS) Senator Topinka.

The State's Attorney can still move, but he's still bound by the ten days.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Hawkinson.

If you dre going to have hearings, that provision's :ot to come out, because sometimes the State.'s not going to know ten days prior to khe hearing if one of its witnesses to the abuse or the neglect has taken ill, or is in the hospital and -- and unavailable for some reason, or is qone out of State: or -- or something else. Another question that I have relates to the next item on our on our analysis, and indicates that in order to have a continuance, has eo be agreed to by a1l of the parties. If any party objects and the deadlines haven't been met, the pekition has ko be dismisoed without prejudice upon motion of any party, or it says, provides that the time limits for an adjudicatory hearing ''may be waived only by the consent of all the parties.'' Does this mean if the State's Attorney feels that there is reasonable grounds for eontinuing the hearing, because of absence of wltnesses or the need to collect more evidence, or whatever, or DQPS needs more time to prepare tts report, that the abusing -- the alleged abusing party can foreclose that by simply objecting?

PRESIDING OPFICER: (SENATOR COLLINS) Senator Topinka.

239  STATE OP ILLINOIS 86th GCNERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legkslative Day June 29, 1990 It forces DCFS to get into the picture and participate. PRESIDING OFFICER; ' ISENATOR COLLINS) Senator HaWkinson.

1Im not going to object to stopping this bkll now. Senator Rock has spent -- as indicated, he spent many times, so I've got to tell you Ilm very skeptical that the State's Atkorneys have even been consulted on this bill. When in Appropriationsw the Director appeared on the DCPS approprlatlone 1 asked in that committee about the problems created by the Bob Greene column, and the response at that time was, MWell, those problems don't really existz'' that Mr. Greene didnlt understand the situation. Well, subsequent columns, and subsequent lnvestigation, an* the faet that this bill is now being noved, obviously indicated that that was an erroneous response and that ehere is a real problem we need to deal with here. Dut I1n concerned khat wetre coming forth with a bill whkch has not consulted the laW enforcement personnel of this State, has not really been consulted with the State 's Attorneys: and I would urge you in the strongest termse before this thing goes into effect, to consult With the people who have to deal with the system and in particular with the prosecutors, and straivhten out some of these ambiguities.

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

Thank you, Madam President and Ladles and Centlemen of the Senate. I stand in strong support of this bill. I realize the arguments that Senator -- aeross the aisle has given toward this bill, but I do belkeve that it is in beeter condition than kt was at the outset when 1* came to the Floor, and the Department of Children and Pamily Services is in accord with Ehls billz and I ask for your strong support in passaqe toward it. 240  STATE OP ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990

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

Madam President and Ladies and Gentlemen of the Senakez being a former Assistant Statels Attorney myself: I can understand why the provision are in here for the ten-day rule, because some Assistant State's Attorneys are very dilatory and neglectful. This will put them on their march to do somethinq, and I cannot completely agree With my colleague over here, and I think the bill is good. Let's try it out.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka, to close.

Well. Madam President and Ladies and Gentlemen of the Senate, I -- I will -- Will have the tendency to agree with a number of the speakers here. They're very erudite on the subject. think their questions are well-taken. I donlt think the bill is in as fine form as it should be, and if a11 parties who are involved here, you know: live up to their agreement - and I have no reason to doubt it - there Will be hearings and some fine-tuning that will go this summer, and I'm sure there wlll be some clean-up language on this particular bill in the next Session, as it should be. think Senator Hawkinson, to answer your question: if and when anyone told you there was not a problem, I would have to question that. It is quite obvious that there is a problem, and there are chkldren out there who are floating around, literally without a permanent place to live, or a permanent familyr or a permanenee of any kind. Hopefully the bill in this form as it moves - and I Would hope it could move will start the proeess of - - of setting those time lines where -- where we can create that permanence and some stability for these kids, so they have a foundation on -- on whieh to build a fairly successful adulthood. 24l  STATE OP ILLINOIS 86th GENERAL ASSEMBLV RECULAR SESSION SENATE TRANSCRIPT 112th LegkBlative Day June 29z 1990 I Would seek your support, even with some of these disclaimers that I've brouqht forward.

PRESIDING OFPICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First Conference Conmitkee Report to House Bill 3722. Those in favor Will vote Aye. Opposed, Nay. The votinq às open. Have all voted who wish? Have all voted who wish? Take the recordy Mr. Secretary. On that question, there are 57 Ayes, no Naysz none voting Present, and the Senate does adopt khe Pirst Conference Committee Report to House Bill 3722. House Bill 4190. On the Order of Conference Committee Reportsy there's a conference filed in reference to House Bill 4190, Mr. Secretary.

ACTING SECRETARY: (MR. HAPRY) Pirst Conference Committee Report on Eouse Bi11 4190.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Luft.

Thank youe Madam President. House Bi11 4190 amends the Toll Highway Authority Act. Lee me begin by telling you What we believe to be the most significant part, and I'm going to count on Senator Schaffer to be my co-explainer. The most significant item kn the bkll is a clarification and 1 want to make sure clarification that Would make it elear ehat *he Authority can use system toll revenues to support a part of the construction cost of the North-south Tollkay. That means you can use revenues derived from an existtn: portion of the Illinois Toll Road to subsidize: in fact, the North-south Tollway. Itls a clarificationg because when the -- we approved ehe new North-south Tollway project in 184, it Was deleted fzom the khen existing leqislation language that would have barred khe use of system revenues for this project. It's consistent wtth prior intent to make the North-south Tollway a part of the Tollway System, and it 242  STATE OF ILLINOIS 86th GENERAL ASSEMBLY l REcut,u sessloN 1 sEXA'I'E TM NSCRIPT 112th Legislative Day June 29, 1990 needs to be cleared up now. This 'has a tendency to be long. so bear with me. It deletes provisions requiring the resolutlons, rules and regulations prescribing the fixing the rates for the privilege of using toll highways to be uniform and impartial as to each class of user, which weëll come back eo and let Senator Schaffer explain. Delete the requirement that a modification of -- of such rates shall be published in each of *he seven largest cities in the State; allows khe Authority to construck waterways and interchange improvements; allows the Authority to enter into operating agreements with gas stations, facilities, qarage, stores and restaurants. It prohibit -- deletes the provision prohibiting the Authority from contracting with granting coneessions or leasings, any person desiring the use of any part increases from five thousand to ten thousand the maximum value of contracts exempt from competitive bid. Increases from two to seventy-five hundred the maximum value of contracts and supplies to be 1et without competitive bid. Includes software and those goods or services which are economically procurable from only one source, therefore bidding shall not be required. Increases from twenky-five to forty years the maximum term of bonds: and requires - this is another important part - requires the tolls ko be fixed and adjusted at a rate reasonably calculated to -- rather that the lowest possible rate that will provide funds to pay malntenance, reconstruction. Requires a ten-year plan rather than the three-year, and requires the ten-year plan rather than three-year plan. If senator schaffer wlshes to revert back to khe subject matter doing with class of users, I will yield to him at this time, and try to answer any questions. PRESIDING OFFICER: (SENATOR POLLINS) The Gentleman has moved the adoption of the Pirst Conference Committee Report to House Bill 419Q. Discussion? Senator Schaffer. 243 1 I I  i STATE OP ILLINOIS 86th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29# 1990

Mr. President, I just wanted to affirm that this -- this committee -- Conference Commitkee Report has, I think, been raeher thoroughly gone over. There were a number of things in it thae I think initially would have been objectionable. They are -- they have been removed. On this side of *he aisle, on your staff analysis - those of you referring to it - item number five is from an old analysis. That is gone; that is no longer in the bill, having to do with maintaining skructures for townships. I should, I think -- I think, I'm -- still working? I think I should point out that khe change in the fee structure ise I think: a leqitimate khing. The concern was that ehe lowest possible might be forty-nine and a half cents, and it'd be kind of ridiculous to ask people to put forty-eight cents in# rather than fifty. The language on class of vehicle is designed to codify or to provide for a situation such as we have With the Dupage -- the new Dupaqe Tollway: where we are charqlnq a higher rate for that stretch of road than we are on the older stretches. I believe the bill -- I think the controversial things have been removed, and khat the bill is in -- Conference Committee is in good shape.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senaeor Emil Jones. SENATOR JONES; Yeah. Thank youz Madam President. Will the sponsor yield?

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

Senator Luftz in your opening remarks, you mentioned something as relate to using funds for construction. Could you tell me to what extent that construction is, and wbat kind of dollar amount are we talking about?

PRESIDING OFFICER: (SENATOR COLLINS) 244  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29y 1990 Senator Luft.

Well, Senaeor Jones, I can't tell you the dollar amount, but the purpose of this ls and 1611 give you an example. If it costs - and I'm goin: to generalize - fifty million dollars to build the North-south Toll Road, and the revenues from the North-south Toll Road were not enough to satisfy the debt requirements, then the tolls from 294 or another existlng toll road can be used as a revenue stream to satisfy the debt of the North-south Toll Road, which I think is consistent With What haB been going on in the toll road system for the last feW years.

PRESIDING OFFICER: (SENATOR COLLINS) Senator -- Senator Jones.

Well then, is there anykhinq in this language for the Tollway Authority statutorily that Would insure that minorities and women wi1l receive their fair share of those contracts to be 1et for the construckion of the tollways?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer.

Well, if I could -- khere's nothing in this Conference Committee that has anykhlng to do with any future eonstruetion. There is no future eonstruction authorized by this report. I know there are some rumors floatln: around, and there's apparently a proposal in the House. This is no* that proposal. This has nothing to do *1th 53 extension, nothinq to do with Pox Valley. This is purely a eleanup of the existing toll road langua:e. The the proposal for any future construction lies awaitinq a birth in the House at this point, as I understand

PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones. 245  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29z 1990

Well, does this Conference Committee Report give the Authority the power to annex as such? Now the reason why I'm raising these questions to my colleague on this side, and to you on thak side, is that we are talking about these Authorities and -- and about minorities and women baving thetr fair share or access to the market, and what I'm trying to ascertain from either of the ewo co-spokesmen for this Conference Committee Report is that if it does have that, would you be Willing to withhold this Conferenee Committee Report until such time as the proper lanquaqe can be put in to insure that minorities and women do have an opportunity to whatever construction thae is goinq on# or khat will take place?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer.

If you would, Senator, I would suggest that if the proposals to expand the tollwayz thereby creatinq the construction eonkraets tbat youere talking about, Would come into fruition moves, that that would be a logical place for the kind of proposal you have in mind. Although I -- I am no expert on every line of the tollway law, but I believe some of the requirements you want exist in the tollway 1aw alreadyy but they're not subject to what we're doing here today.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Luft. SENATOR LUFT:' Senator Jones, this bill has nokhinq to do with construction. This bill authorizes no new conskruction. For any new construction to take place on the Illinois To11 Road System, -- I understand that a resolution, namin: khat specific roady has to be passed by both the House and the Senate, and Senator Schaffer confirmed -- can confirm this. My suggestion to you 246  STATE OP ILLIXOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29, 1990 would be that if# in fact, that does have to be done in the process -- how I just explained, that you would have ineorporated in each resolution that authorizes the construction as -- and stated, you can't have any new construction without this resolution being passed, their criteria with which you hope to accomplish. Secondly, I understand, as Well as Senator Schaffer just said, that we were told and I can only go on What was related to us - that the provistons you seek are already in the Act, but they are not in this bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones.

Well, I don't know if they are in the Act or nok, and I -- raise that particular point. I understand that when the conferees did meet on this Conference Committee Report, that this issue was discussed and I was 1ed to believe at that -- from that Conference Committee that it was not there and they wanted it included in this Conference Committee Report, and that's why I raise this particular issue. wil1 look furkher at the Tollway Authority Ack at Ehis partieular time. Howeverz if it is nok in there, then I khink this whole Body has been led and those who think that it's in there, that they have been misled.

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

Will the sponsor yield for a question?

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

Yes. To What extent is the Authorityfs quick-take powers expanded under this bill?

PRESIDING OFFICER: (SENATOR COLLINS) 247  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Senator Luft.

Ik's my understanding that theybre not expanded at all. f'm not even sure it's discussed in this pieee of legislation.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Macdonald.

Maybe Senator Sehaffer can answer that. It is in my analysis of the bill. PRESIDING OFFICER: (SENATOR COLLINS) 4. Senator Schaffer.

You know, I see khat line in our analysis, but I -- I don't see ik in tbe -- in the Act. I'm looking around for staff. was nok in the -- I -- I stand correeted. Staff tells me there is a quick-take provision for remnants. Remnants and remains of hiqHways that are already built. News ko me. END OF TAPE TAPE 7

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

I was only standing to answer the question. think We've answered it.

PRESIDING OPPICER: (SENATOR COLLINS) Senator Thomas Dunn.

Thank youe Madam President. I may have a conflictg but 1'11 248  STATE DP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 vote ny conscienee.

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

Yes, Madam President. May I have a question of the sponsor?

PRESIDING OFPICER: (SENATOR COLLINS) He indicates he wil1 yield. Senator...

Yes. It's my understandinq that there's a gentleman out of Wilnekte or Winnetka at this time, who has a lawsuit aqainst the tollway regarding the use of tolls from a preexistent kollway, which allegedly are to pay off that tollway, beins used for new tollways, and there are friends of the court that have joined that suik, and that suit is active, at least from my kind of limited reading on that. Is it the intent of this bill to squish that lawsuit?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Luft.

My understanding that this bill is perspective in nature. It's my understanding that this bill ls prospective in nature. Such as the Bates case bill school bill that we had last year.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Lufty to close.

Well, somewhere I hope that we will satisfy Senator Jones. It's not my intent, nor Senator Sehaffer's intent, to dissatisfy anybody. Wetre trying to clear up language that needed to be eleared up so *he Toll Road Authority could proceed with its dukies, and I would just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) 249  STATE 0F ILLINOIS 86th GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 The quesklon is, shall the Senate adopt the First Conference Committee Report to House Bill 4190. Those in favor will vote Aye. opposed, Nay. 1he voting is open. Have al1 voted who wish? Have all voted who Wish? Have a1l voted who wish? Take tbe recordz Mr. Secreeary. On that queskion, there are 49 Ayese 3 Nays, voting Present, and the Senate does adopt the First Conference Committee Report to House Bill 90 -- 4)90. House Bill -- Senate Bill 1136. Senator D'Arco. On the Order of Conference Committee Reports, there's a conference we -- report filed in respect to House Bill -- Senate Bill 1136. Sen4tor -- I mean: Mr. President -- Seeretary.

ACTING SECRETARY: (MR. NADRY) First Conference Committee Report on Senate Bill 1136. PRESIDING OFFICERI (SENATOR COLLINS) Senator D 'Arco.

Thank you. Madam President, 1136 creates khe Anti-competition Commercial Covenank Act. And What ik does is disallows overly restrictlve anti-competitive agreements to limit competing businesses within a TIF district. The emanation of this bill evolved because in some TIP district there was a situation where a competing grocer wanted to put a grocery store withln a shopping center and employ around three hundred people, and because of the restrictive covenants tbat were in effect in an adjoining shopping center, he Was unable to do that, and this bill would correct khat defect.

PRESIDING OFFICER: (SZNATOR COLLINS) The Gentleman has moved the adoption of the First Conference committee Report to House -- to Senate Bill 1136. Any discussion? Senator Barkhausen.

Kadam President and Members: I just trked to làsten to 250  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Leqislative Day June 29# 1990 Senator D'hrco's explanation of this provision which is before us, which I guess is seeing khe light of day for the first time. And I'm -- I'm not sure who exactly wefre tryinq to help or hurt, but one poink I think needs ko be made is - in the opinion of some of us who have looked at this - is that it's pretty elearly unconstikutional, in that it seems eo attempt to retroaetively deny the effect of an existing contract, and it's pretty clear as a matter of constitutional 1aw that you can't do anything to impair an existing contractual obligation, and this seems on it's face to -- to clearly do that. And regardless of of who attempt -- this bill attempes to help or for that matter to hurt, think, in light of the principle of law at stake here, that we ought ko be voting against this.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Netsch. SENATOR NETSCH; Thank you, Mr. President. That is the very point thak I was qoàng to raise. was just reading the language. Any conkract, covenant or aqreement, tncluding those in force prior to *he effective date of this Act, affectin: businesses and redevelopment project areas under some article of the Municipal Code: are -- what does say now are hereby declared void, as against public policy and Wholly unenforceable. And Senator D'Arco, I -- I don't think that is possible to go back and ex posk facto declare a -- I don't know how many contracks this might affect, buE to declare them void and unenforceable, even though they have been entered into quite lawfully at the time. Just cannot be done. PRESIDING OFFICERt (SENATOR COLLINS) Further discussion? Senator Fawell.

Thank you very much. This was brought to my attention as the 25l  STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 minority spokesman on local government, and and to reinforce what b0th legal eagles have'said, if those on our side will -- will read the analysisw you Will see that in Section 1, Article XVI of the lllinois Constitution states no ex post facto 1aw or law impairing the obligation of contracts or making an irrevocable grant of special privileges of immunities shall be passed. That's what we 're about to do. I Would suggest very strongly: although I understand there is a problem that Senator D 'Arco is honestly trying to take care ofr this isn't going to Work, and I would suggest we vote No.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator D'Arco, to close. SENATOR D'ARCO I Thank you. Madam President, lt's -- itls very enlightening to hear from a11 of the constitutional experts in the Senate concerning what is an ex post facto 1aw and so forth. But the bottom line is, the fact of the matter is, that an anti-competitive agreement can be biased in favor of one party or khe othery and if that is the fact, it can cause detriment to the extent that people who would otherwise be employed by someone and that's the situation that is beinq faced in Collinsville at this very moment, where a grocery chain wants to open a store and hire three hundred people, and employ these people in a TIE district that is in a depressed area, and because of an anti-competitive agreemente is unable to do so. Now Idm not going to argue the constitutionality of wheEher this Conference CommiEtee Repor: meets the requirements of the Illinois Constitution or not. That's not what this is a1l about. This is all about employin: people Who are in need of jobs in a depressed area. There's no reason not to support thàs report.

PRESIDING OFFICER: (SENATOR COLLINS) The question is# shall the Senate adopt the Firsk Conference 252  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Committee Report to Senate Bill 1136. Those in favor will vote Aye. Opposed, Nay. The votinq is open. Have al1 voted who uish? Have all voted who wish? Take the record, Mr. Secretary. On that questkon: there are 24 Ayes, 30 Nays, none voting Present, and the -- and the Senate failed to adopt khe Pirst Conference Committee Report of Senate Bill 1136. At the kop of Page of Supplemental 6. Senate Bill 2309. Senator Alexander. Okayy on Supplemental No.

Ladies and Gentlemen, if I can have your attention. We will shortly be goinq to - once the computer gets ready - Calendar No. 7. That's the one With Senators Marovktz, Savickas, Pawell, Holmberg, Marovitz and Welch. Starting with House Bill 1550. There will be a Supplemental No. 8 that will contain three items. and because of printing problems - just the bulk - there Will be a Supplemental 9 With one item, and khat will conclude our business. We will have afforded a11 the Members the opportunieyz at least, to present what they wish to present, but there are ten items left. So my guess is, depending on the level and duration of rhetoric, we're Within -- we're within reach. The eleveneh or twelfth item will be the adjournment resolutionr which calls for us to return in November. Resolutions, Madam Secretary.

Senate Resolution 1320 offered by Senator J.J. Joyce. And Senate Joint Resolution 21l offered by Senators Netsch and President Rock. They 're both substantive.

Executkve.

And Senate Resolution 1321 offered by Senator Newhouse. And Senate Joint Resolution 2l2 pardon me. Senate 253  SIATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day June 29, 1990 Resolution 1321 offered by Senator Newhouse. It's congratulatory .

Consent Calendar.

Senate Joint Resolution 2l0 offered by Senator Hall. It is substantive.

Executive. Senator Marovitze are you ready on l55Q? Senator Savickas, you dre next on 3024. Senator Pawell, then Senator Holmberg, Senator Marovitz and Senator Welch. Wefre on Supplemental Calendar No. 7. That Calendar has been distributed.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 1550. As you can see, we are having some difficulky with the with the board. Welre going to try to reload the board in a second or two. For whae purpose does the Gentleman from Cook, Senator Marovitz: seek recognition? You can't speak from the Eloor while they are loading. So just be in recess for a feW moments. (RECESS) MIDNIGHT 254  *. REPORT: TIFLDAY :TATE OF ILLINOIS 90/10/2: PAGE: 00l 8&TH GENERAL ASSEMBLY 13:5613# SENATE DAILY TRANSERIPTION DF DEBAT: INDE: JUNE 29v 1990 HB-0#93 COàFERERCE H:-:95: CONFERENCE b8-:954 CONFERENEE H8-1220 CONFERENCE HB-l55O CONFERENCE H:-2181 CONFORENCE H8-2388 CONFERENCE HB-2&#7 CONFERENCE H8-2896 EONFERENCE 68-2699 CORFERENCE H8-2967 CUNFERENCE HB-305t CONFERENCE 88-3058 CONFERENCE HB-3090 EONFERENCE HB-3151 CONFERENCE H8-3153 CONFERENCE HB-3164 CONFERENCE H:-3271 CONFERENCE 88-3310 POSTPONED E0NS106RATI0N H8-3310 CONFERENCE 88-3337 CONFERENCE HB-33T# CONFERENCE H3-3393 POSTPDNED CONSIDERATION H8-3393 CONFERENCE Hd-3460 POSTPONED CONSIDERATION H8-3#60 CONFERENCE 88-3562 CONFE:ENCE *8-3580 POSTPONED EONSIDERATION 88-3580 CONFERENCE HB-361û CONFEREREE H8-3639 CONFERENCE 8:-3356 REFUSE T& RECEDE H3-3656 CONFERENCE H8-3682 CONFFRENCE 8:-3722 GQNFERENCE H:-3771 CONFERENCE H8-3793 CON/ERENCE H8-382: CONFERENCE HB-38#3 REFUSE T0 RECEDE H3-399* RECEDE H3-At24 CONFERENCE HB-#lT8 CONFERENCE H8-é190 EONFERENCE SB-Ot00 CCNCURRENCE SB-0<00 POGTPONED CONSIDERATIDN 5:-1136 CONFERENCE ZB-l49t CONFERENCE 58-1196 CONCURRENCE SB-t50# COKFERENCE 53-1523 CONFERENCE 58-1532 CONFERENCE SB- l676 CONCURRENEE 58-1702 EONFERENCE 53-1T98 CONFERENCE :8-1884 CONFEREKCE 58-1933 CDNFERENCE 58-1960 CDNFERENCE SB-2067 CORCURRENEE 58-2083 CONCURRENEE SB-2t50 CORCURRENCE SB-2k9n CONFERENCE 58-2222 CONFERENCE 58-2253 CONFERENCE 58-2267 EONFERENCE REPORT: TIFLOAY STATE OF ILLINOIS 90/L0/24 PAGE: 0O2 86TH GENERAL ASZEMBLY 13:56:34 SENATE OzIL# TRANSCRIPTION DF DEBATE INDE: JUNE 29@ 199G 58-2277 CDNEERENEE 58-2306 CONFERENCE 5R-0022 ADSPTED SR-tZTT MOTION SR- l277 AûOPTED SR-1309 NOTION SR-1309 ADOPTEO SR-13l0 RESOLUTION DFFERED SR- l3t1 RESGLUTION OFFERED SR-131e RESCLUTION OFFERED SR- t3t3 RESCLUTIGN OFFERED SR- t31# RESCLUTION OFFERE: SR-13t5 RESOLUTION OFFERED SR-13t6 RESSLUTION OFFERED SR-13lT RESOLUTION QFFEREO SR- 13k8 RESGLUFION OFFPREP SR-l3t9 RESOLUTCON GFFERED SR-1320 RESOLUTIOR QFFEREO SR- ï321 RESOLUTION CFFERED HJR-OOI: CONFERENCE HJR-0066 ADOPTED BJR-0t23 ADOPTED HJR-OL#A RESOLUTION OFFERES HJR-Gt#5 ADOPTED HJR-0t#5 RESOLMTION QFFEREO SJR-D2O9 ADOPTEQ SJR-0210 RESOLUIION OFFERES SJR-SZI: RESGLUTION OFFERED SUBJECT YATTER SENATE T0 ORDER - PRESIDENT ROCK PAGE 1 PR/YER - FATHER HUGH CASSIDY PAGE 1 JOURNAES - POSTPONED PAGE 1 RECEGS PAGE 2 SENATE RECSNVENES PAGE 2 MESSAGE FRO: THE GOVORNQR PAGE 70 COY#ITTEE REPORTS PAGE 72 EXECUTIVE SESSISN - CUNSIDER APPOINTRENTS PAGE 72 ARISE FROX EXECUTIVE SESSION PAGE 96 MESSAGE FRO: THE HOUSE PAGE 96 RECEGS PAG6 l05 SEN/TE RECONVENfG PAGE l05 #ESGAGE FROM THE HOUSE PAGE l05 MESSAGE FROAI THE HSUSE PAGE l43 MESSAGE FROY THE HOUSE PAGE 164 RECESS PAGE l65 SERATE RfCONVENEG PAGE 165 MESSAGES FRSM THf HOUSE PAGS 214 RECESS PAGE 254 YIDNIGHT PAGE 252