Illinois Senate Floor Debate — November 30, 1990

The hour of nine having arrived, the Senate Will come to order. Will the Members be at their desks, and will our guests in the gallery please rise. Prayer this mornin: by Pastor Robert Hansong Greenview United Church, Greenview, Illinois. Reverend.

(Prayer by the Reverend Robert Hanson)

Thank you, Reverend. Reading of the Journalp Senator Hall.

Thank you: Mr. President and Ladies and Gentlemen of the Senate. I move that readin: and approval of the Journals or Wednesday. November 28th) and Thursday, November 29th, in the year 1990, be postponed' pending arrival of the printed Journals.

ïou're heard the motion as placed by Senator Hall. Is there any diseussion? If not, all in favor, indicate by sayin: Aye. Al1 opposed. The Ayes have it. The motion carries, and it is so ordered. Resolutions.

Senate Resolution 1503 offered by Senator Severns, President Rock and all Members. Senate Resclution 1504 offered by Senator Karpiel. Senate Resolutlon 1505 offered by Senakor Karpiel. Senate Resolution 1506 offered by Senator Alexander. Senate Resolution 1507 offered by Senator Demuzio and all Members. Senate Resolution 1508 offered by Senator Demuzio and al1 Members. Senate Resolution 1509 offered by Senator Mahar. Senate Resolution 1510 offered by Senator Keats. And Senate Resolution 1511 offered by Senators Felly and l  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 Jones. They're al1 congratulatory.

Consent Calendar. Resolutions.

Senate Resolution 1512 offered by Senator Savickas and al1 Menbers. And Senate Resolution 1513 offered by Senators Savlekas and Dudycz. One is congratulatory and the other is a death resolution.

Consent Calendar.

And Senate Resolution 1514 offered by Senator Jerome J. Joyce. is substantive.

Executive. Messages from the House.

A Message from the House by Mr. O 'Brien, Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to Wit: Senate Bill 543 with House Amendments 1 and 2. I have a like Message on Senate Bill 2001 With House Amendments 2, 3, 4, 9, l8, l9, 20, 21, 22, 23 and 25; and House Bi1l 4061 with Senate Amendment

Secretary's Desk. Resolutions -- or Messages from the House.

A Message from the House by Mr. O 'Brien, Clerk. Mr. President am directed to inform the Senaee that khe House of Representatives has adopted the followins joint 2  STATE OP ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 resolution: in the adoption of which I'm instructed to ask the concurrence of the Senate, to Witl House Jolnt Resolution 157. It is congratulatory.

Consent Calendar.

A Message from the House by Mr. O'Brien, Clerk. Mr. President am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I'm instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 3l. It i: substantive. And I have a like Message on House Joint Resolution 159, Which is also substantive.

A11 right. With leave of the Body, we'll order those two resolutions on the Secretary 's Desk. Messages from the House.

A Message from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform tbe Senate that the House of Representatives has refused to adopt the First Conference Committee Report on Senate Bill 2309, and requests a seeond committee of conference to consider the differences between the two houses in regards to Amendments 5, 6, and 8.

All right. Senator Alexander has moved to aecede to the request of the House. Discussion? If not, the motion earries, and the Secretary shall so inform the House. Committee Reports, Madam Secretary. Senator Kelly.

' STATE OF ILLINOIS . 86th GENERAL ASSEMBLY I REGULAR SESSION I SENATE TRANSCRTPT I I 120th Legislative Day November 30z 1990 Mr. President, I move that the Senate resolve itself into Executive Session for the purpose of acting on the Governor's appointments set forth in his Messages of June 29: 19907 Oatober l6, 19907 and November 28, 1990. PRESIDENT ROCR: Al1 right. ïoufve heard the motion as placed by Senator Kelly.' Disausslon? If not, al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. The Senate resolves itself into Executive Session. Madam Secretary. SECRETARY HAWKER: Senator Kelly, Chalrman of the Committee on Executive Appointmentsy Veterans Affairs and Administration, to which was referred the Governor's Messages of June 29, 19907 October 16, 1990; and November 28, 19907 reported the same back with the recommendations that the Senate advise and consene to the following appointments. PRESIDENT ROCK: Senator Kelly. SENATOR KELLY: Thank you, Mr. President. With respect to the Governor's Message of June 29, 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 Prairie State 2000 Pund Board of Directors for a term expiring July 1, 1991, Leslie E. Dennis of Evanston. Mr. President, havin: read the unsalaried appointment, I now seek leave to consider this appointment on one roll call, unless some Senator has objection to this specific appointment. PRESIDENT ROCR) A1l right. You fve heard the request. Is leave granted? i 4 I I I I  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Leglslative Day November 30, 1990 Leave is granted. Discussion? If notp the question is# does the Senate advise and consent to the nomination 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 Wish? Have a11 voted who Wish? Take the record. On ehat question, the Ayes are 54, the Nays are none, none voting Present. Majority of the Senators elected concurring by record vote, the Senate does advise and consent to the nomination just made. Senator Kelly.

Thank you: Mr. President. With respect to the Governor's Message of October 16thz 1990, welll read the salaried appointment to which the Senate Committee on Executlve Appointments, Veterans Affairs and Administration recommend that the Senate do advise and consent: To be a member of the State Board of Elections for a term expiring June 30, 1991, Lawrence E. Johnson of Champaign. Having read the unsalaried appointment, now seek leave to consider this appointment on one roll call, unless some Senator has objection to this specific recommendation. Mr. President, will you put the question as required by our rules?

You fve heard the request of Senator Kelly. Is leave granted? Leave is granted. Discussion? not, the question is, does the Senate advise and consent to the nomination just made. Those in favor will vote Aye. Opposed, vote Nay, and the votin: is open. Have all voted who wish? Have all voted who Wish? Have a1l voted who wish? Take the record. On that question, there are 54 Ayesy no Nays, none voting Present. A majority of the Senators elected eoncurring by record vote, the Senate does advise and consent to the nominations just made. Senator Kelly.

Thank you, Mr. President. Nith respect to the Governor's  STATE OF ILLINOIS 86kh GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30e 1990 Message of November 28# 1990, T will read the salaried appointment to which the Senate Committee on Executive Appointmentsy Veterans Affairs and Administration reeommends that the Senate do advise and consent: To be a member of the Board of Review for a term expiring January 21, 1991: John G. Cashman of Elmhurst. Mr. President, having read the salaried appointment. I now seek leave to consider this appointment on one roll call, unless some Senator has objeetions to this specific appointment. Will you put the question as reguired by our rules, Mr. President?

You 've heard the request of Senator Kelly. Is leave granted? Leave is granted. Discussion? If notz the question is, does the Senate advise and consent to the nomination just made. Those in favor will vote Aye. Opposed, vote Nay. The votinq's open. Have a1l voEed who Wlsh? Have all 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 -- a majority of the Senators concurring by record vote, the Senate does advise and eonsent to the nomination just made. Senator Kelly.

Thank you, Mr. President. With respect to the Governor's Message of November 28y 1990, wil1 read the unsalaried appointments to whieh the Senate Committee on Executive Appointmentsz Veterans Affairs and Administration recommend that the genate do advise and consent: To be members of the Governorls Disadvantaged Business Enterprise Advisory Council for unspecified termsr Walter A. Allen of Thompsonville; Marva A. Green of Sumner; James C. Litkig of Bluffs; Marco A . Morales of Worth; Harold -- Howard R. Veal, Sr., of Springfield; Patricia Wannemacher of Bloomington; and Robert A. Spates of Decatur. 6  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSTON SENATE TRANSCRIPT 120th Legislatlve Day November 30: 1990 To be members of the Department of Commerce and Community Affairs Advisory Council for terms expiring January 14th, 1991, James Anderson of Springfield; Charles Marshall of Chicago; James E. Mentesti of Quincy; Mary Ann Millush of Aurora; and John Frazee, Jr. of St. Charles. To be a member of the Illinois Medical Determinations Board for a term expiring March 3, 1994, Noel M. Bass of Joliet. To be a nember of the Illinois State Medical Disciplinary Board for a term expiring January 1l, 1994, Warren H. Staley of chicaqo. To be members of the East St. Louis Finaneial Advisory Council for terms expiring August 30, 1992, Ron Bean of Olympia Fields; Claudia Thomas of East St. Louis. And to be members of the East St. Louis Financial Advisory Council for terms expiring August 30, 1993, Jerome Jackson of East St. Louis; Earl E. Lazerson of East St. Louis; and Roland L. Thompson of St. Louis. To be a member of the Advisory Board of Livestock Commissioners for a term expiring January 21# 1991, Gretehen Bernardi of Edwardsville; and Davld Ruppert of Nokomis. To be a member of the Guardianship and Advoeacy Commission for a term expiring June 30, 1992, Richard L. Blakley of Sherman. To be members of the Board of Public Hea1th Advisors for terms expiring January 1993, Chauncey Cross of Springfield; and Michael Williams of Rockford. To be members of the Illinois Job Training Coordinating Council for terms expiring July 1992, Willlam Dempsey of Decatur; Barbara Gordon of Zion; and Mary G . Koenig of Chicago. To be a member of the Illinois Job Training Coordinating Council for a term expiring January 1, 1991, Helen Bibbs of Calumet City. To be a member of the Illinois Coal Development Board for a 7  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 term expiring July 1, 1993, Carolyn Ehlert of Moline. To be a member of the Illinois Hea1th Care Cost Containment Council for a term expiring September 5, 1993, Frank Gramm of Libertyville. To be members of the Agricultural Export Advisory Council for terms expiring January 2l, 1991, Ron Havekost of Peoria; and Marc S. Schulman of Chicago. To be a member of the Illinois Student Assistance Commission for a term expiring June 1995, Odell Hicksy Jr., of Chicago. To be a member of the Quad City Reglonal Economic Development Authoriey for a term expiring January 20, 1992, Richard C. John, Sr.y of Moline. To be a member of the Illinois Eleetronie Data Processing Advisory Committee for a term expiring January 21, 1991: Randy L. Mitchelle of Rochester. To be a member of the Kaskaskia Regional Port District Board for a term expiring June 30, 1992, Leo M. Pautler of Evansville. To be a member of the Joliet Regional Port District Board for a eerm expirin: June 1, 1993, Donna Rickman-chval of Romeoville. To be a member of the Illinois Committee for Agricultural Education for a term expiring March 13, 1993, Harold F. Reetz, Jr., of Monticello. To be a member of the Illinois Committee for Agricultural Education for a term expiring March l3, 1991, Charles Ferguson of Pittsfield. To be a member of the Board of Agriculture Advisors for terms expiring January 2l. 1991, Enid S. Schlipf of Gridley; and Russell Stauffer of Springfield. To be a member of the Illinois Export Development Authorlty for a term expiring January 19, 1993, Lawrence A. Warner of Chicago. To be a member of the Illinois Export Development Authorlty 8  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30# 1990 for a term expiring January 2l, 1991, Maurice Wekss of Buffalo Grove. To be Public Administrators and Guardians for terms expiring December 6, 1993, Charles A. Burton of Rushville; P. Ron Ealy of Effingham; John A. Leezer of Toulon; Ronald E. Mcconkey of Fairview; Jerry D. Miller of Olney; Robert L. Morin of Clinton; Louise D. Quiek of Polol Kim Roddick of Galena; Robert N. Shafer of Mendota) Peggy C. Thompson of Champaign; Wayne R. Whikmoree Jr.# of Mendota; Deborah Ann Woodruff of Bourbannais) Terry Kaid of Mt. Carmel; Doris L. Ksic> (1.) Lehne of Mt. Sterling; Barbara K. Lonq of Hamburg; and Betty Jones of Arthur. To be Public Administrators and Guardians for terms expiring December 5: 1994, Steve Garst of Paris; Edward J. Hlnners of Metropolis; and Joe E. Wright of Shawneetown. To be a member of the Havana Regional Port Dtstriet Board for kerms expiring June 30, 1992, George Dirreen of Havana. To be a member of the Board of Trustees of the Historic Preservation Aqengy for a term expirin: January 20, 1992, Pamela A . Daniels of Elmhurst. To be a member of the Illinois Affordable Houslng Advisory Qommission for a term expiring October 1, 1993, Kerry Flynn of Jacksonville. To be a member of the Board of Natural Resources and Conservation for a term expiring January 21, 1991, Donna M . Jurdy of Evanston. To be a member of the Employee-owned Enterpriôe Advisory Council for a term expiring November 7, 1994, Joseph Kindlon of Wheaton. To be a member of the Illinois Raclng Board for a term explring July 1, 1996, John Simon of Glencoe. Mr. President, having read the unsalaried appointments, I now seek leave to consider these appointments on one roll call, unless 9  STATE OP ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 some Senator has objection to the specific appointments. W1ll you put the question as required by our rules?

You've heard the request from Senator Kelly. Is leave granted? Leave is granted . Is there any discussion? If note khe question is, does the Senate advise and consent to the nominations just made. Those in favor will vote Aye. Opposed, voee Nay, and the voting is open. Have a11 voted Who wish? Have a1l voted who wish? Have all voted who kish? Take the record. On that question, there are 57 Ayes, no Naysz none voting Present. A majority of the Senators elected eoncurring by record vote, the Senate does advise and consent to the nominations just made. Senator Kelly.

You got quite a handsome assistant there on your right hand. A new Parliamentarian, Mr. President? Mr. President, I move that the Senate now arise from Executive Session.

You've heard tbe motion as placed by Senator Kelly . Any discussion? If note a11 in favor, indicate by saying Aye. All opposed. The Ayes have it. The motion carries. The Senate does noW arise from Executive Session. A11 right. Ladies and Gentlemen, if I can have your attention. If youdll notice on the Calendar, there are very few items that are in place and ready to go, and we have some motions yet remaining. My suggestion is that we wtll go through the Calendar from top to bottom, and tben we have a supplemental Calendar prepared, to address Some of the matters that the House has just afforded us the opportunlty to address. And then we'll make a decision as to Where We're going. Senator Weaver, are you ready on -- no, you're not ready. Senator Daley, for whak purpose do you arise, sir?

10  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Leqislative Day November 30, 1990 Mr. President and Members of the Senate, I would ask leave to be removed on Conference Committee Report No. to House Bill 3793, and Senator Luft be appointed.

Al1 right. You've heard the request. The Gentleman asks leave to be removed as a member of the Conference Committee Report on 3793, and to be replaced -- Senator Daley.

Mr. President, as sponsor.

As the sponsor. You 've heard the request. The Gentleman seeks leave to be replaced as sponsor by Senator Luft. Without objection, leave is :ranted. ...lmachine cutoffl... Ladies and Gentlemen, We're gotng to begin on Page on the Calendar. Senator Hall, for what purpose do you arise, sir?

Thank you, Mr. President, Ladies and Genttemen of the Senate. I would like to have leave for -- that We could go mean -- Senate Joint Resolution 228. I ask leave of this Body -- the rules could be suspended and this could be heard today.

Al1 right. Resolutions, Madam Secretary.

Senate Joint Resolution 228 offered by Senators Hall, Vadalabenee Watson and Ralpb Dunn. It ls substantive.

Senator Hall.

Yes. This is a very important resolution, it needs to be heardy and ehat's why 1'm asking for that to be done today.

11  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l2ûth Legislative Day November 30, 1990 A11 right. Senator Hall has moved to suspend the rules for the immediate consideration and adoption of Senate Joint Resolution 228. Discussion? If not, a1l in favor: indicate by saying Aye. All opposed. The Ayes have it. The rules are suspended. Senate Joint Resolution 228. Senator Hall has moved its adoption. Is there any discussion? If noty all in favor, indicate by saying Aye. All opposed. The Ayes have it. The resolution is adopted. Senator Topinka.

ïes. Mr. President, if miqht have leave to relinquish primary sponsorship of House Bill 4-0-6-1, and turn that over to Senator Weaver. And I would be the joint hyphenated -- sponsor.

Al1 right. The Lady seeks leave to have Senator Weaver shown as the chief sponsor of House Bill 4-0-6-1. Without objection, leave is granted. A1l right. Wedre going to start on the top of Page 7. On the Order of House Bills 3rd Reading is House Bill 2867. Senator Woodyard. Read the billg Madam Secreeary.

House Bill 2867. (Seeretary reads kitle of bill) 2nd Reading of the bill. No committee amendments -- 3rd Reading of the bill.

Senator Woodyard.

Thank you, Mr. President, Members of the Senaee. The bill contains the amendment khae We added yesterday, and that's really al1 ehatls in the bill. What it does is extend the deadline for the imposition of a trigger date, whieh is January 1. Prom January 1, 1991: to July t, 1991, to give us tkme to see if there can be a compromise worked out to prevenk the people who do van 12  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l2tth Legislative Day November 3Q, 1990 conversions from being put out of business. We may not accomplish anything, but ae least this will give us another six months to -- to kry to make that compromise. That's what the bill does, and I would appreciate a favorable vote.

All riqht. Senator Woodyard has moved the passage of House Bill 2867. Discussion? Senator Jacobs. SENATOR JACOBS; would just ask for an Aye vote.

Further discussion? If not, the question isy shall House Bill 2867 pass. Those in favor will vote Aye. Opposed, vote Nay. The votinq is open. Have all voted who wish? Have all voted Who wish? Have all voted Who wish? Take the record. On that questkon, there are 57 Ayesy no Nays, none voting Present. Eouse Bill 2867: having received the required constitutional majorityy declared passed. 3037. Senator Maitland . Madam Seeretary, on tbe Order of House Bills 3rd Reading is House Bill 3037. Read the bill, please.

House Bi1l 3û37. tsecretary reads title of bi11) 3rd Reading of the bill.

.e. tmachine cutoffl... Senator Maitland. I'm sorry.

Thank you very mueh, Mr. President, MemberB of the Senate. As I indicated yesterday. the Supreme Court recently found in Eavor of the plaintiffs with respect to where lawsuits were ftled to collect back -- back defaulted student loans. They ruled that unconstieutional, and under the new scenario tbat is included in House Bill 3037, then you would remain in Cook Countyy but couldy 13  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30? 1990 upon request, be transferred outside of the County of Cook. And know of no opposition. This simply meets the spirit of the Supreme Court's decision, and I would seek you support.

Discussion? Is there any diseussion? If not, the question is: shall House Bill 3-0-3-7 3037 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. All voted who wish? Have all voted who wish? Have a1l voted Who wish? Take the record. On that question, there are 54 Ayes, l Nay, none voting Present. House Bill 3037: having received the required constitutional majority, ls declared passed. Senator Savickas, 3386. 7ou seek leave to bring that one back? Senator Savickas.

Yes, Mr. President. would move for a suspension of the rules to recall House Bill 3386 to the Order of 2nd Reading for the purpose of an amendment.

A11 right. The Gentleman seeks leave to take House Bill 3386 back to the Order of 2nd Reading for purposes of an amendmen*. Is leave granted? Leave ks granted. 0n the Order of House Bills 2nd Reading is House Bill 3386, Madam Secretary.

Amendment No. 3 offered by Senator Savickas.

Senator Savlckas.

Yes. Mr. President, the amendment to House Bill 3386 does two things. It amends the Revenue Act to make its provisions compatible With the provisions of the Cook County ordinance establishing a triennial assessment cycle in Cook County. And the second, it amends the Revenue Act to require oWners of historic property to file annual affidavits with the assessor's office 14  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAN SESSION SENATE TRANSCRIPT 120th Legislative Day November 30# 1990 attestin: to the property's ownership and use. These types of properties are eligible for an eight-year assessment freezer provided they meet certain criteria. Currently the assessor's office has no mechanism to track changes in these types of propereies. Both these provisions were passed last spring. They were approved by the Governor in an omnibus bill - House Bill 2872 - which Was amendatorily vetoed by the Governor for other reasons. The changes made by the Governor were not accepted by the House. There is also a provision there on licensing -- the Licensing Aet provisions for real estate appraiser laws. These were adopted and put in by the Illinois Assoeiation of Realtors, and the supporters include the Illinois Association of Realtors, the Illinois Bankers Association, the Illinois League of Saving Institutions, the Community Bankers Association, and the excuse me, the Cook County Assessor's Office. I would move for its adoption.

A1l right. Senator Savickas has moved the adoption of Amendment No. 3 to House Bill 3386. Discussion? Senator -- Senator Philip. I'm sorry. Senator Philip.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a seventy-eight-page amendment. Nobody's had a chance to analyze and I don't care Who has endorsed it. I talked to one of my assessors: who was down here yesterday - had never seen ik, - knoks nothing about it. I had an assessor call me yesterday, the largese township in my coun*y, and said, ''Hey, somebody ought to have a good look at this. It might be dangerous.'' Are you addin: to the board -- the State Board? Youlre putting on two bankers and tWo brokers. Well those guys -- no Wonder they're foE it. tell you, we ought to have a very close look at that. We shouldn 't rush into this, and quite frankly, we shouldn't adopt this amendment. It's a bad amendment. 15  STATE OF ILLINOIS 86th GENERAL ASSEMBLY RZGULAR SZSSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990

Further dtscusskon? Senator Karpiel.

Thank you: Mr. President. Question of the sponsor.

I'm sorry: Senator Karpiel.

A question of the sponsor.

Sponsor indicates he will yield, Senator Karpiel.

Yes. Thank you. Senator Savickas, is there anythinq in -- -- I heard that you said the Realtors were in favor of this. This is much too lengthy to -- for me to get through this morning. Is there anything in there to do with the antisolicitation language that We saw last spring? The Realtors are very concerned about Ehat.

Senator Savickas.

No.

Senator Karpiel.

Thank you.

Furkher discussion? Further dlscussion? Senator Welch.

had a question of the sponsor.

Sponsor indicates he will yield, Senator Welch.

16  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 Senator Savickas, several auctioneers have contacted me. They 're afraid that they will have to get real estate licenses to sell real estate, or be banned from selling real eseate at auctions. Does this have anything to do with auctions or auctioneers, and real estate licenses?

Senator Savkckas.

Senator, not that I know of. Not that I know of. It has to do , basieallye With the qualifications of appraisers and the two other items ehat were put in by the Cook County Assessor's Office.

All ri:ht. Senator Savickas has moved the adoption of Amendment No. 3 to House Bill 3386. Further discussion? If not: all in favor, indicate by -- all right. Roll call has been requested. That -- tbat request is in order. Question is *he adoption of Amendment No. 3 to House Bill 3386. Those in favor of *he amendment will vote Aye. Opposed will vote Nayr and the voting is open. Have al1 voted who wish? Have al1 voted Who wish? Have a1l voted Who wish? Have all voted who wish? Have a11 voted who wish? Take the record. Qn that question, there are 27 Ayes, and 28 Nays, none voting Presentz the amendment fails. Further amendments?

No further amendments. PRESIDENT ROCEZ 3rd Reading. Senator Zito. 2570. Senator Weaver indicates that the amendment has been distributed as per request last evening. Madam Secretaryz on the Order of House Bills 3rd Reading is House Bill 2570. Senator Zito seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of 17  STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SZSSION SENATE TRANSCRIPT 12Gth Legkslatkve Day November 30, 1990 House Bills 2nd Reading, House Bill 2570, Madam Secretary.

Amendment No. 2 offered by Senator Weaver.

Senator Weaver.

Thank you, Mr. President. have distributed a memo explaining Amendment No. 2 to 2570. If there are any questtons, 1'11 be happy to try to answer khem. I've talked to everyone, thinks that has some concern with What we're tryin: to do herey and basicallys that's just to sustain the funding of the Commissioner of Banks Office due to a 1.3 deficit. It Will be a transfer and a payback to the Education Fund over a period of three years, with interest. If there's any questions, Iîll be happy to try to answer them. Otherwisez would move adoption of the amendment.

A1l right. Senator Weaver has moved the adoption of Amendment No. to House Bill 2570. Dtscussion? Senator Zito.

Queseion of the sponsor, Mr. President.

Sponsor indicates he will yield, Senator Zito.

Senator Weaver, there has been some confusion over the -- the Amendment No. your -- your amendment, and for the rêcord: and for the edification of the Members, I -- I would like you Eo explain a little bit more in detailw Senator Weaver. This is going to transfer 1.3 million dollars. If you can explain that, and also for the edification, explain a little bit of why the shortfall and the budgetary problem has arisen.

18  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 Senator Weaver.

Let me say khis is a transfer from the Education Pund to the Operating Pund with the provisions of payback over a period of three yearsy plus interest that may be lost from the Education Fund's investment. That amounts to about, think, twenty-eight thousand dollars. So the interest will be paid back to the Fundw alon: with the principal over a three-year period. Now we had passed: basically: 2072, I believe it was, in the spring Session, which would have rectified the cash flow problems. We passed it out of the Senate. It was Tabled in committee in the Housep for some reason. That bill would have solved the long-term problems of cash flow in the Commissioner's Office. The short -- the shortfall comes from the fact that every every three months, the banks pay into the Commissioner's Office fees in the amount of roughly 2.8 million dollars. That is paid within thirty days after the end of the quarter. So there's been an accumulated deficit because of the 1ag time in payment -- through the years. This should correct that problem by setting up a reserve fund, instead of crediting back to the banks that Which they have overpaid over a total fiscal year. And an adjustment will be made at an appropriate time or a credit made at an appropriate time to compensate or to credit to the paying banks of the State of Illinois that which they have paid over what the total fiscal expenditures of banks and trusts are in a qiven year. I hope that answers your question.

Senator Zito.

Thank you, Senator Weaver. Why the Education Fund? That's another question that I -- I have been unable to answer.

19  STATE OP ILLIHOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 Senator Weaver.

Well, is one fund that is under the control of the trustees in the Commissioner of Banks of the State of Illinois. We have never supported the Commissioner's Office throuqh General Revenue Funds, and so we thouqht advisable to use those funds instead of qoing to GRP and the payback to GRF.

Senator Zito . SENATOR ZITO; Well: thank youy Mr. President. To the amendment: I had some eoncerns yesterday with thls amendment, and that's precisely why I asked Commissioner Harris and Senator Weaver to add this as a separate amendment. You'll -- you'll remember yesterday We put Floor Amendment No . on, which addressed the industry 's eoncerns on some kanguage that Was Worked out over the summer on the four points that I discussed. The reason I asked for this amendment to be separatez because justifiably or unjustifiably so# there's a number of individuals on this Ploor, and I'm sure in the House, that had some reservationsg some confusion, and frankly did not understand exactly what we Were tryin: to attempt to do. Complicated by the fact that - and I am one of those Senators that does not feel we should be dictated to by the House - hoWever the House has indicated that, on numerous occasions, that this bill would not seek final action in the House if this language Was on there, and that's Why asked for the tWo amendments. Unfortunately now, we have lost a legislative day. He did not deal with ehis bill yesterday, therefore, if We are going to passg successfully, House Bill 2570, we need to do it in haste to get to the Housey so the action can be taken today. A number of you have had questions. A number of you have asked Senator Keats and myself I'm not so -- I have reservations about this action for 20  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 a number of reasons. The two -- two points I have made: and also because I khink we're getting into an area now where we would bey in fact, makin: a legislative commitment or doing something legislatively that would fall under a new administration. Do What you will; I just -- my coneern in this bill is makinq sure thae the four points in -- in Floor Amendment No. l are addressed in this leqislative Session.

Furkher discussion? Senator Carroll.

Thank you, Mr. Presidente Ladies and Gentlemen of khe Senake. I risew as Senator Zlto did: with some concerns. At this time in the history of this country, for one, don't like the idea of using those funds that were supposed to be educational -- to the industry and to khose who examine the industry, and taking from those for the operations of the agency. am very uncomfortable with saying that we are going to take education funds away at a time when people are concerned with the finaneial viability of the instikutions khat this ageney oversees, examines and tells the public are eorrect and proper agencies to put in their krust and confidence. My other concern is if this is truly cash flow, and doesn't affect the amount of money tbat's goin: to be spent two problems: why did we 9et into it now to this extent, and secondly, why not a short-term payback? If it's merely cash flow, then why can 't khe examiners do what the people do from the same institutions, and that is borrow from General Revenue or wherever for a short-term need? If this is because of the way in which the Commissioner's Offiee sets paid by the banks, and ik eomes in in the quarter, and they don't have enough cash in the drawer to meet their expenses, businesses go to banks and borrow short term. If it's not an issue of how mueh is there in twelve months, ehen why i: this a thirty-six-month payback, if it's only a short-term 21  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 need? The Commissioner has told me that he would like to see a different solution, but that this is the only one available now, and would hope that in January somethinq else could be done. I'm not comfortable with this solution for now.

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

Well, thank you: Mr. President. To Senator Carrollls remarksr I mighk say that there's certainly a possibility of shortening the term of payback, and we can certainly do that. There's been a great deal of misunderstanding on both sides of the Rotunda. This morning I met with Speaker Madigan, showed him the amendment, asked him if he had any problems with He has no problems with it. He has no problems with either amendment, and I don't know Where a1l the confusion is coming from, but I wanted to know firsthand whether anybody in the House or in the Senate had any problems with this concept. This is an emergency situation. The Commissioner's Offlce will not be able to pay their salaries or their vendors come the middle of December, and this is one Way to try to work through a problem that Was created by the House not acking on a bill that we passed lase sprlng to solve the long-term cash flow problems of ehe Commissioner's Office. So I would solicit a favorable vote -- appreciate an Aye vote.

All right. Senator Weaver has moved the adoption of Amendment No. 2. Roll call's been requeyted. Those in favor of the amendment will vote Aye. Opposed, vote Nay. And the votinq's open. A11 voted Who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On thak question: there are 37 Ayes, 16 Nays, none voting Present. Amendment No. 2 is adopted . Further amendments? 22  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Leçtslative Day November 30, 1990

No further amendments.

3rd Reading. Senator Zito, you Wish to get back to that? We'll have to have intervening business. We'11 get right back to Senator Savickas, on 3386. Are you just going to let that sit, or are we going to send it over? Al1 right. Ladies and Gentlemen, let's turn then to Page 9. A number of Members have resolutions that they wish to address, and againr would urge you - - we're going to go right through the Calendar and probably only go through it once. It is Friday, November 30th. And there will not be a Saturday. On the Order of Seeretary's Desk, Resolutions. Senator Schaffer. Senate Resolution 1488, Madam Secretary.

Senate Resolution 1488.

Senator Schaffer.

Mr. President, Members of *he Senate, recently khe High School Athletic Association has proposed a rule change that very adversely affects nonpubltc schools in football. In essence, what theylve done is require a11 public schools -- nonpublie schools to be kicked up into the next size category. Apparently there's been some feeling among the public school members of the board who are obviously dominant, that the private schools have advantages over the public schools: and that therefore this is justified. Frankly, I reject that philosophy. It would seem every once in a while the Illinois High School Atblekic Association qets a little out of control, and I think this is one of those cases. For instancey one of the schools that falls in this eategory is the Illinois School for the Deaf. and I'm not sure where that is, but -- Jacksonville, with a hundred and sixteen students. Under 23  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30# 1990 this neW category, athletically they will compete With Park Forest and Rich East that have enrollments of over twelve hundred. This seems to me to be patently unfair, and what the purpose of this resolution is is to suggest to the ISHA: before they adopt this rule, that they ought to rethink it. Be happy to answer any questions. A number of you have indicated that you'd like to go on as co-sponsors. Please qo to the well and put your name on. The more the merrier.

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

Thank you, Mr. President. Nell, think Senator Schaffer has stated it pretty well. This is a pretty poor response by the public schools to the losses suffered by the football teams. I would tell you that this, I thinky epitomizes a change in the playing field the level of the playing field - and it's just, frankly, quike wrong, and we ought to support this resolution wholeheartedly .

PRESIDING OFPICER: (SENATOR DEMUZIO) .. . tmachine cutoffl... A11 right. Purther discussion? Senator Watson.

Yes. Thank you, Mr. President. Just to shed a little bit of different light on this. I -- not -- I don 't know how many of you are football fans or hlqh school football fans, but there is a little bkt of a problem out there, and one of them -- 1E bappens ko oecur in my particular area. You have a school that -- that Oloses -- a private school that closes, then the neiqhboring private school actively goes out and recruits the athletes from that school to coae to that particular high school. As a result, they become a very dominant team: but stay within the enrollment structures that allows them to participate in a particular level. 24  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 Maybe less of a level than -- than they should be. They actively go out and schedule schools in higher enrollment and participate throughout the year, playing those schools. Then when the tournament comes, they roll back into the smaller class of schools and just roll through it. And 1'11 have to admit that my particular sehool - Greenville High School - played this particular team twice. They played them -- beg your pardon. They played them last yearz and then this year Montieello had played them twâce, and both times -- it's -- it's the situation in which youdre really concerned about injury of the lesser enrolled school. There is another side to this issue. I really think somethin: should be done in regard to some of the private schools' abuse of the situation in which they roll back their enrollment so that they can participate in the smaller schoolsl football tournament. And this may be something that's not only football, but sone of the other interscholastic activities, but I -- I do know that there's abuses that go out there. And of the twelve schools khat participated ln the finals of the high school football tournament year before last, seven of them were private schools. And I'm not -- I'm a private school supporter. I have private schools in my district. But I do think there should be -- and the Illinois High School Association is attempting to address this particular problem. And I'm not so sure that this resolution -- and I haven't read it, and I just -- first that I really heard of it Was just now. So We ought to take a good look at this.

PREEIDING OPFICER: (SENKTGR DEMUZIO) Further discussion? If not, Senator Schaffer may close.

Mr. President, Members of the Senate, I -- I suspectz like most khings in life, there probably is a little gray on both sides of this issue, and there potentially is some abuse, but once again: the Illinois High School Athletic Association has used a 25  STATE OF TLLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT l20kh Legislative Day November 30, 1990 shotgun instead of a rifle. I think most of us know that our private schools are -- are hanging on just barelyr financially. They usually are considerably understaffed - at least in my area compared to the publlc schools. And it just it just seems totally unfair to take this broad-brush approach instead of trying to sit down and address the problem. One also gets the clear impression that there was very limited discussion on other potential solutions to the problem, and I Would appreciate a favorable roll call.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Schaffer has moved the adoption of Senate Resolution 1488. Al1 in favor will indicate by saying Aye. Opposed, Nay. :he Ayes have it. There's been a -- in the opinion of the Chair, khe Ayes have it. Senate Joint <sic> Resolution 1488 is adopted. Senate Resolution 1489. Page l0. 1490. Senator Marovitz. Senate Resolution 1490. Senator Marovitz. Pardon me. Madam Secretary.

Senate Resolution 1490.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Thank you, Mr. President. There are some discussions going out in the Rotunda about a couple things relative to the resolutionz and if we could hold this, With leave to get back to it at some -- today, I'd like to do that. 'Cause this ls an important resolution to the rate-paying customers of the State of Illinois.

PRESIDING OFFICER: (SENATOR DEMUZIO) All riqht. Senator Marovitz has requested leave to get back to it later. Take it out of the record. Senate Resolution 1502. Senator Woodyard. Senator Woodyard. 1502, Madam Secretary. 26  STATE OP ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l20eh Legislative Day November 30# 1990

Senate Resolution 1502.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Woodyard.

Thank you, Mr. President, Members of the Senate. Senate Resolution 1502 deals with an Indiana -- basically, an Indiana bank franehise tax that they enacted last year, and ik aceually imposes a tax on banks in Illinois -- other lending lnstitutàons also that do business in Indiana. In other words, if -- if a bank loans money to an Indiana customer, they have to pay not only the full hundred percent of the Illinois ineome taxg they must now pay a *ax to the State of Indiana. What this resolution does is to urge Indiana: Tennessee and Minnesota to repeal the tax that they have imposed on lendin: institutions in the State of Illinois. I would urge its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Woodyard has moved the adoption of Senate Resolution 1502. Discussion? If not, a11 in favor, indicate by sayïng Aye. Al1 opposed. The Ayes have ît. The resolutkon's adopted. House Joint Resolution 100. Al1 right. Welll go back then, Ladies and Gentlemen, to the Order of House Bills 3rd Reading. Wefve had intervening business. Senator Weaver. Senator Zito. On the Order of House Bills 3rd Reading is House Bill 2570. Read khe bill, Madam Secretary.

House Bill 2570. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Zito.

27  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 Thank you, Mr. President and Members. This bill now has two amendments *he one we placed on yesterday, Which we discussed and debated, and the amendment that Senator Weaver offered -- Amendment -- Floor Amendment No. 2, that was just adopted. I'd be happy to answer any questions. I know, at this point now, no opposition, and would ask for your favorable vote.

Question is khe passage of House Bill 2570. Discussion? If not, the question isy shall House Bill 2570 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. all voted Who wish? Have a1l voted Who Wish? Have a1l voted Who Wish? Take the record. On that question, there are 52 Ayes, Nays. none voting Present. House Bill 2570, havïng received the required constitutional majority: is declared passed. Ladies and Gentlemenz I'd call your attention to the Supplemental Calendar that's been passed out. You might want to take a look at that. We will go to that Order as soon as We finish the regular Calendar. Page 10 on the Calendar. Senator Dunn, on 1310. On the Order of Secretary's Desk, Concurrenee, is Senate Bi1l 1310. Madam Secretary.

House Amendments 1 and 2 to Senate Bill 1310.

Senator Dunn.

Thank you: Mr. President. I move to non-coneur on Amendment: l and 2.

Senator Dunn has moved to non-concur on House Amendments 1 and to Senate Bill 1310. Al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. The motion carries, and the Secretary shall so inform the House. Senator Jacobs, on 1638. Senator 28  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRKNSCRIPT 120th Legislative Day November 30, 1990 Berman on the Floor? Senator Savickas, we'll get right back to -- 2237. I was waiting for Senator Berman. In the meantime, on Page ll, Ladies and Gentlemen. 0n the Order of Conference Committee Reports, there 's a Conference Committee Report on Senate Bill 1638. Madam Secretary.

Pirst Conference Committee Report on Senate Bikl 1638.

Senator Jacobs.

Thank you, Mr. President. This -- this Conference Committee deletes everything after the enacting clause, and it becomes the bill. And in fact what it does, it's an agreed-upon bill that allows for a one-million-dollar loan to be repaid on February l5thp to qo into a fund which pays the cost-of-living benefits to permanently and totally disabled Workers, and the fund is just one million dollars short to pay these things: and they wi11 repay that on February 15th. And then there is some language changes in the unemployment, Which is -- insurance, Which is been agreed to by a1l parties. And I ask for an Aye vote.

A11 right. Senator Jacobs has moved the adoption of the Conference Committee Report on Senate Bill 1638. Is there discussion? If not, the question 1s, shall the Senate adopt the Conference Committee Report on Senate Bill 1638. Those in favor will voke Aye. Opposed, vo*e Nay, and the voting's open. A11 voted who wish? Have a11 voted who wish? Have al1 voted who Wish? Take the record. On that question, there are 57 Ayesy no Nays, none votin: Present. Senate does adopt the Conference Committee Report on Senate Bill 1638, and the bill, having received the required constitutional majority, is declared passed. ...tmachine cutoffl... Senator Berman is back on the Floor. Wedll revert 29  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 now, with leave of the Body, to the Order of Secretary's Desk, Concurrence. Senator Etheredge Wlshes to address ' Senate Bill 1635, Madam Secretary. 1-6-3-5.

House Amendment No. 2 to Senate Bill 1635.

Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move to non-concur in Senate Bill 1635.

All right. Senator Etheredge has moved to non-concur in House Amendment No. 2 to Senate Bill 1635. All in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The motions carriesz and the Secretary shall so inform the House. On the Order of Secretary's Desk, Concurrence, ls Senate Bill 2237, Madam Secretary.

House Amendment No. to Senate Bill 2237.

Senator Savickas.

ïes. Mr. Presidenty Members of the Senate, the bill, as it stands now, deleted all the original bill, which addressed with the annexation of unincorporated territory, and as it stands, as amended, senate Bi1l 2237 would bar the imposition by local municipalities of a tax on tuition and fees paid by students attending public and private colleges and universities in the State of Illinois. This bill was introduced because of the concern that happened in Evanston where the City Council decided to raise money for their community by taxin: the tuition of the students at Northwestern. Mayor Joan Barr, in her great wisdom, 30  STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legkslatkve Day November 30, 1990 vetoed that decision by the City Council. Yet that ability is still available, and the people throughout Illinois have contacted kheir legislators in an effort to make sure that this does not occur in any area in the State of Illinois, when we have aldermen or city council members that feel our education system would be fair game to institute a local tax upon. I would ask your concurrence with Senate Bill 2237, as it now stands.

Senator Savickas has moved to concur with House Amendment No. l to Senate B1ll 2237. Dlscussion? Senator Berman.

Thank you, Mt. President. I zaise a point of parliamentary inquiry.

State your point, sir.

Senake Rule 38 Senate Rule 38 states that 'îNo motion or proposition on a subject different from thak under consideration shall be admitted under color oE amendment.'' As the prknckpal sponsor has just explained, Senate Bill 2237 concerned the subject of condemnation of dangerous or abandoned buildings. House Amendment No. uhich we are being asked to concur in, concerns the subject of taxation of higher education tuition or fees. Because the subjects of the bill and the amendment are different, I sugqest that the amendment is not germane to the bill, and would ask for a ruling as to its germaness.

Al1 right. The Chair Will certainly reply to your request for a ruling. A number of Members have indicated they wish to speak. Senakor Berman, do you wish to speak to the substance? Senator Berman.

31  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 Yes. Thank you, Mr. President. Ladies and Gentlemen of the Senate, rise with...

Ladies and Gentlemen, if I could have you attention, please. We can handle our business herer I think: with some dispatch . WCIA-TV and WLS-TV have requested permission to shoot some videotape. Without objection, leave is granted. Senator Berman.

Thank you. rise with mixed emotions, Ladies and Gentlemeny because this is a difficult debate to enter into. If I were an elected member of the Evanston City Council, I would probably have voted no on the tuition tax proposal. But that is not ehe subject before us. The aldermen and the Mayor that acted upon this proposal are elected. They are elected by the same constituents that you and I are elected by. And what this proposal is is for us to say that those elected legislators, city council members, mayor: cannot act on this subjeet. That disturbs me, and that is why I rise in opposition. What also disturbs me, Ladies and Gentlemen, is that this proposal, Which understandably has broad-base support by the higher edueation committee community - - the higher education community, Which teaches political science, Which teaches government in their classroom, which talks about public participation in the legislative process through committee hearinqs and public input, has chosen this route to amend a bill Which is totally dissimilary on the last day of the House's Session two weeks ago. And for us to approve it today, without any public input there has nok been one commi*kee hearing in either the House or the Senate on this very important issue, and that disturbs me, because our institutions of higher education, I would hope, Would have a higher calling in asking us to vote on something than to allow u: this kind of nonparticipatory action. That's the reason I seand in opposition. 32  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12Qth Legkslative Day November 30# 1998 Let us reintroduce this bill. Let Senator Savickas reintroduce this bill in January. Letls hold public hearings. Let's give the public an opportunity to debate Whether this is a good preemption effort or not. I'm not defending the proposal for tax on tuitions, but I am defending the right of elected legislators, who happen to be city council members, to decide that issue on a local basis, and for us not to preempt them. I urge a No vote on the motion.

Purther discussion? Senator Geo-Karls.

Mr. President and Ladies and Gentlemen of the Senate, I have already stated a possible confliet of interestz and I am a Mayor too: and 1et me tell you, I don't want to have the right to impose a tax on students. Wedre talking about education, for heavenîs sakes - that we need more money. So wetre going to tax students? When we have -- when we have students in colleges, they brin: money into the arear and I think it's silly to have any more debate on kt. It thknk kt zhould be a statewide kssue , and 1 -- I speak in favor of this -- this bill, and urge everyone to support it.

Further discussion? Senator Fawell.

Thank you very much, Mr. President and Ladies and Gentlemen of the -- of the Assembly. I happen eo have a district that haE three independent colleges. have Wheaton College. have Elmhurst College, and in another week or two I will have a branch of the Illinois Institute of Technology just a few blocks away from me. I agree with the sponsor of this bill. There is absolutely no reason why in the World these municipalities should have the power eo tax those students. Those students bring monies 33  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 with them. They already help support the local communities. Our communities are very proud of the fact that they are in the -- those communities. Certainly Evanston is well-known, not particularly because it is a community outside the City of Chicago, but because it is the homeland of Northwestern University. seems to me that the students bring enough prestige and monies with them, that we could forgo one small additional tax that *e are placing on students, when the students already have enough problems raising the tuition in order to stay in school. I strongly suggest we vote with the sponsor of the bill and vote for this bill.

Further discussion? Senator Kustla.

Thank you -- thank you, Mr. President and Members of the Senate. I've been listening as carefully as could to the debate, and I was noticing, wieh ineerest, the comments that Senator Berman made. And that great speech he gave about a11 the procedures ehae we follow around here in the Illinois State Senate. Senator Berman, I didn't hear you givin: that speech about a week or so ago. That Was When the Chicago pension bill was up. didn't notice any committee hearings there. didn't see that bill go through your Committee on Education or the Pension Committee. It's amazing how we ean kind of sort out for ourselves which bills we think deserve a complete and full hearinq before a11 the approprlaEe commiEtees, and then the bills that deserve some other kind of consideration. I'd like to speak on this bill and say first and foremost that I do serve on a part-time basis I'm not a tenured faculty member but occasionally I teach at Northwestern University and at the University of Illinois at Chicago, and I've taughE a 1ot of schools across this state. think I would echo the words of 34  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSTON SENATE TRANSCRIPT 120th Legkslatkve Day November 30, 1990 Senator Geo-Karis. It seems a lkttle sklly to me for any city council anywhere across this State to be eseablishin: a policy that begins to tax tuition, and gets us into the business of conpeting city against city, and university against university. The fact is that the Illinois Sta*e Constitution gives this General Assembly the riqht to preempt when there is a stateWide uniform policy that makes more sense, and I don't see a thing wrong With this General Assembly setting a precedent. And Senator Berman, beinq the strong advocate of education that you are, can't imaqine Why you wouldn't agree with me that when it comes to our system of higher education, it doesn't make any sense for our city counckls across this State to start taKing students. Senator del Valle many times has spoken eloquently on the Floor about hoW difficult it is for our students to access higher education. And here we are. about to allow city councils across the State to embark on this nission Df taxing studentsd tuition. That's going to come back and hit only one person square in the face. The student and the parent Who ultimately pays the bill. It makes no sense. We ought to support Senator Savickas here in this concurrence motion, and do What we can to establish a statewide policy that says tuitions ought to be set by higher educational institutions without taxes by local governments.

Further dlseussion? Senator Brookins.

I rise in suppork of ehis bill. T know that in my community that student enrollments in higher education is at a 1ow ebb, and part of that is because of the cost of education today. Secondly, I know that... END OF TAPE 35  STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30 , 1990 TAPE 2

... in the past that there has been a tactic to eliminate certain people from being able to have access to education and higher education. Therefore, I don't think that We need to put into tbe hands of a very small portion of tbe State, that authority. Therefore: I rise in support of this legislation.

A11 riqht. Ladies and Gentlemen, WAND-TV has also requested permission to shoot some film from the gallery. Without objection, leave is granted. Senator Savickas, you wish to close, before :he Chair makes its ruling?

Yes, Mr. President, I do. I have to commend one of our more eloquent speakers, Senator Berman, who's reached far and wide to reach two conclusions here. One is that these aldermen that are elected in Evanston and should have the power to tax agree With that - but they were elected by the people of Evanston, not by the people in my community and the other communities of those students that attend and pay that tuktion that will be taxed. So in effect, they are voting to tax you and 1, and not only those people in their own community. So I thought that was reaching a little far 'to justify that. When we talk about public input, I think the Senator Would be naive to think that if We had public hearings on this issue that We Would be flocked by people coming in and saying, ''Yes, We should tax those students. I think that this committee should tax our students' tuition.'' Let's not be naîve about that. If we had public hearings on thisz We'd be overwhelmed by people that would object to the -- to the decisions of the Evanston City Council in institutin: a tax on tuition. And khis only prohibits taxes on tuktkol aqd Eees. It doez not 36  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 prohibit the City of Evanston from taxing on other legitimate areas regarding the Northwestern institution. I would ask your support in concurrence with this bill. tf PRESIDENT ROCK: A11 right. Senator Savickas has moved that the Senate concur with House Amendment No. l to Senate Bill 2237. The Chair rules that House Amendment No. to Senate Bill 2237 is out of order. Under Senate Rule 38, the amendment is not germane to the bill, and therefore out of order. That will amount to a non-eoncurrence, and the Secretary shall so inform the House. Senator Savkckas.

Dnder Rule 45, I would appeal the ruling of the Presidinç Officer.

That -- that request is in order. Al1 right. Senator Saviekas has appealed the ruling of the Chair. The Chair ruled that under Senate Rule 38, House Amendment No. to Senate Bill 2237 was out of order. Senate Bill 2237 concerned the subject of condemnation of dangerous or abandoned buildings. House Amendment No. concerns the subject of taxation. Because the subject of the bill and the amendment are different, tbe amendment, in tbe opinion of the Chair, is not germane, and therefore out of order. Senator Savickas has moved to appeal that ruling. Senator Geo-Karis.

Poînt of parliamentary knqukry . If we vote Yes, does that mean we have overruled you?

The question will be put, shall the ruling of the Chair be sustained. Those who agree with the Chair Will vote Yes. If you do not agree with khe Chair, you vote No.

37  STATE OF ILLINOIS 86th GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30# 1990 That's what I want to know.

36 votes to overrule the Chair. I'm sorry. Senator Geo-Karis. 36 votes will be required. All right. Senator Savickas has appealed the ruling of the Chair. The question is, shall the rulin: of the Chair be sustained. Those Who agree with the Chairz that the amendment is non-germane, will vote Aye. Opposed will voke Nay. And ehe voting is open. Have all voted who wish? Have all voted who wish? Have al1 voted who Wish? Have a11 voted Who Wish? Take the record. On that question, there are 13 Ayes, 40 Nays, none voting Present. And the motion carries. The ruling of the Chair is overruled. Senator Savickasr on the main question.

Yes. Mr. President, would noW move that the Senate do concur With Senate Bill 2237, as amended.

All right. Senator -- the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 2237. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have al1 voted who wish? Have a1l voted who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record . On that queskion, there are 51 Ayesy 2 Nays, none voting Present. Senate does concur in House Amendment No. 1 to Senate Bill 2237. And the bill, having received the required constitutional majority, is declared passed. Ladies and Gentlemeny if I can call your attention to Supplemental Calendar No. 1. We will go through that Calendar: and Ehen go to the Order of Motions -- to handle those motions that yet remain With respect to Gubernatorial action. Those are found on Page 16. So we'11 go to Supplemental No. and then Page 16 on the Calendar. Oh, I'm sorry. Senator Welch has the Revisory Bill, Ladies and Gentlemen. I beg your pardon. If 38  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30# 1990 you'll move back to Page 10 on the Order of Secretary 's Desk, Concurrence, is Senate Bill 2012. 2-0-1-2, Madam Secretary.

House Amendment No. to Senate Bill 20 -- 2-0-1-2.

Madam Secretary, 2-0-1-2. Senator Welch.

Thank you -- thank you, Mr. President. This is an amendment put on by the House recommended by the Legkslative Reference Bureau. The underlying bill was a vehicle bill. The amendment itself amends every chapter in the Statute. It's our standard Revisory Act that we Wanted to pass. There Will probably be one more before the end of the year, but this is the latest revision of the Statutes. The Legislative Reference Bureau would like to get this passed today so they can start working on I move for concurrence in the House amendment.

Senator Welch has moved the -- that the Senate concur in House Amendment No. l to Senate Bil1 2-0-1-2. Discusslon? If not, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 2012. Those in favors vote Aye. Opposedz vote Nay. The voting's open. Have al1 voted Who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 54 Ayes, no Nays: none voting Present. Senate does eoncur kn House Amendment No. 1 to Senate Bill 2G12. And the bill, havinq received the required constitutional majority, is declared passed. Start at the top on Secretary's Desk, Resolutions. I might also -- Senator Joyce has a resolution that was inadvertently referred to the Executive Committee that Wedll get to . Thatls Senate Resolution 1514. Why don't we start kith House Joint Resolution 31? Senator Dunn. Madam Secretary.

39  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 120th Legislatkve Day November 30# 1990 House Joint Resolution 31.

Senator Dunn.

Thank you, Mr. President. Based on the 1990 Federal Budget, the Department of Veterans Affairs has been shorted some seven hundred millàon dollars. This resolution urges a reconsideration of that amount in order to pay the proper medical care benefits for veterans. I would submit to the Body that the veterans have uniquely earned those rights, and that this is something that they are entitled ko. And they are entitled to a dignified system of care for those individuals who are deserving of it. And I would urge an Aye vote.

Senator Dunn has moved the adoption of House Joint Resolution 31. Discussion? If not, al1 ln favor, indieate by saying Aye. All opposed . The Ayes have The resolution is adopked. House Joint Resolution 159. Senator Welch. Senator Welch. Madam Secretary.

House Joint Resolution 159.

Senator Welch. SENATOR WELCHI Thank you, Mr. Presidenk. Thls House Joint Resolution is a resolution to create a joint House/senate committee Eo revlew thê Telephone Service Protection Law of 1985. The 1aW is subjeet to sunset, and will be repealed December 3l# 1991. This resolution creates a joink committee on telecommunications policy, consists of three Members of the House of Representatives Who shall be appointed by the Speaker, two Members of the House appointed by the House Minority Leader, three Members of the Senate appointed 40  STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 12Gth Legkslative Day November 3Q, 1990 by the President, tko Members of the Senate appointed by the Senate Minority Leader. The co-chairmen are the House -- are designated the chairpersons of the House Public Utilities Committee and the Senate Energy and Environment Committee. The purpose of the committee is to review and make fkndings concerning the Telecommunications Act. And we expect the hearings actually will start this coming month of December in -- in the Seate of Illinois. I would move for the passage of House Joint Resolution 159.

All riqht. Senator Welch has moved the adoption of House Joint Resolution 159. Discussion? Senator Karpiel.

Thank you, Mr. President. Well, I stand in opposition to the resolution as it is now drafted. We have requested -- first of all, don't remember discharginq committee. No one came and talked eo me, as Minority spokesman on Executivey about this resolution. And I think that the -- if we're going to have this resolution passed: that the makeup of the committee should be even. I don't know that Democrats have any more knoWledge about telecommunications than Republicans. And I think it should be three and three. And until then, I Would stand in opposition to the resolution.

All right. Purther discussion? Purther discussion? Senator Welch, you wish to close?

Yes, Mr. President. Well, I would just point out that if we don't appoint a special committee, it will go to the Senate Energy and Environment Committee, Which has a majority of Democrats on it, both in the House and the Senate. So I'm not sure why we should create a special committee that's going to be involved in a 41  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 great number of hearings and is objected to because it's not equally represented between Democrats and Republicans, Senator. I don't understand that argument. This has passed the House. I had understood that it was pretty well agreed to by everybody in the industry who seemed ko have a great objections to eaeh other's position. But they a1l agree that they Wanted to have a -- a smaller committee, because there are going to be quite a feW hearings, Senator. And for that reason, we thought that a reduced committee with people who are more interested in telecommunications than are normally on *he regular comnitkee be appointed to this. So# I would move for adoption of the resolution.

All right. Senator Welch has moved the adoption of House Joint Resolution 159. Those in favor will vote Aye. Opposedw vote Nay. And the voting's open. Have a11 voted who uish? Have a11 voted who wish? Have a1l voted who wish? Have all voted Who Wish? Have a11 voted Wbo Wish? Take the record. On that question, there are 27 Ayes, 28 Nays, 2 voting Present. The resolution fails. Senator Joyce, for what purpose do you rise? 1514. Do you want to move that sucker?

Xes.

Senator Joyce.

Thank you: Mr. President. This resolution -- Ifd ask leave fkrst of a11 to have Senator Kaktland join me as a co-sponsor. It asks the -- the Bush Administration to extend most-favored nation trading status to the Soviet Union. To do that they would have to Waive the Jackson-vanik provision. Without this, there is -- it virtually shuts off a1l trade With the Soviet Union, and -- and 42  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 that is very detrimental to Illinois farmers. And -- and I think ehat if -- in fact, not only farmers, the manufacturers as well. So I think this -- this is somethin: that is -- is in line With what the State of Illinois is doing by opening an office to try and trade with the -- with the Soviet Union in Moscow. So, wieh that, I'd ask for the immediate passage of this resolution.

Al1 riqht. Senator Joyce has moved to discharge the Committee on Executive from further consideration of Senate Resolution 1514. Asks leave of the Body to show Senator Maitland as a co-sponsor. Al1 in favor of the Motion to Discharge, indicate by saying Aye. All opposed. The Ayes have it. The resolution is discharged. Senator Joyce now moves the adoption of Senate Resolution 1514. Discussion? If not, a11 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The resolution's adopted . ... lmachine cutoffl... On the Order of Secretary's Desk, concurrence, Senator Brookins, you ready? Senate Bi1l 543, Madam Seèretary.

House Amendments 1 and 2 to Senate Bill 543.

Senator Brookins.

Thank you: Mr. President. I move that the Senate do concur in the House Amendments l and 2 to Senate Bill 543. PRESIDENT ROCR) All righk. Senator Brookins has moved to -- that khe Senate concur with House Amendments and 2 to Senate Bill 543. Discussion? Senator Keats.

I think, as most people know, this is the apportionment of the Cook County Court System. This is the first major step in thirty 43  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 120th Leqislative Day November 30, 1990 years to make significant changes in the -- in the Cook County Court System. So you understand, outside of Cook County there are four hundred judges in approximately twenty circuits. In Cook Counky We have three hundred and eighty-three judges in one circuit. This now makes it three hundred -- actually four hundred judges, roughly: in fifteen circuits. For the first time, Cook County has become part of the State of Illinois from a judicial point of view. I will not get into the justification of the bill, other than to say after the Greylord problems and some of the discrimination problems we faced, we felt that perhaps it was time that the Legislature take a more active role in reformin: the Cook County judiciary, and I Ehink the Legislature, in a three-year battle, should be commended for our sticktoitiveness and to have made these inroads in what should be a dramatic improvement in the Cook County courts. Would bope you would support it.

Question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 543. Those in favor, vote Aye. Opposed , vote Nay, and the voting's open. Al1 voted who wish? Have all voted who wish? Have a11 voted Who Wish? Take the record. On that question, there are 50 Ayes, 2 Nays, none voting Present. The Senate does concur in House Amendments l and 2 to Senate Bill 543, and the bill, having received the required constitutional majority: is declared passed. 2001. Senator Welch. 4061. Senator Weaver. On the Order of Secretaryls Desk, Non-concurrence, 4061. Madam Secretary. Madam Gecretary.

Senate Amendment No. l to House Bill 4061. PRESIDZNT R0C:: Senator Weaver.

Thank you, Mr. President. I would move that the Senate refuse 44  STATE OF ILLINOIS 86th GENZRAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 to recede from Senate Amendment No. 1 to House Bill 4061, and request a conference committee.

Senator Weaver moves that the Senate refuse to recede from the adopkion of Senate Amendment No. to House Bill 4061, and that a conference committee be appointed. A1l in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The motion carries, and the Secretary shall so inform the House. ...tmaehine cutoffl.ooResolutions.

Senate Resolution 1515 offered by Senator Macdonald. Senate Resolution 1516 offered by Senators Topinka: Philip and all Members. Senate Resolution 1517 offered by Senator Topinka . Senate Resolution -- Resolution 1518 offered by Senator Topinka. Senate Resolution 1519 offered by Senators Topinka, Philip, Weaver and a11 Members. They dre a1l death resolutions and congratulatory.

Consent Calendar.

Senate Resolution 1520 offered by Senators Hudson, Philip, Vadalabene, Geo-Karis, Dudycz and Eelly. And Senate Resolution 1521 offered by Senator Weaver. Theydre both substantive.

Executive. Resolutions. Senator Demuzio, on Resolutions.

Senate Joint Resolution 229. (Secretary reads SJR No. 229)

45  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 120th Legislattve Day November 30, 1990 Senator Demuzio.

Well, thank you, Mr. President. I -- I Would hope that this is the proper time, since yesterday wasn't. Senate Joint Resolution 229 is the adjournment resolution. Calls for us to eome back on January the 8tb, at tbe hour of twelve noon. I would move to suspend the rules for the immediate consideration and adoption of Senate Joint Resolution 229.

A1l right. Senator Demuzio has moved the to suspend the rules for the immediate consideration and adoption of Senate Joint Resolution 229. All in favor of the Motion to Suspend, indicate by sayin: Aye. A11 op#osed. The Ayes have it. The rules are suspended. Senator Demuzio noW moves the adoption of Senate Joint Resolution 229. All in favorr indicate by saying Aye. All opposed. The Ayes have it. The resolution is adopted. All right. Ladies and Gentlemen: I'd call your attention to Page 16 on the Calendar. Page 16 on the Calendar. This is the last day to react to qubernatorial action. So we will go through Page 16 on the Calendar. On the Order of Motions in Writing to Override Total Vetoes, there's a motion With respect to House Bi1l 3655. Madam Secretary, read the motion, please.

I move that House Bill 3655 do pass, the veto of the Governor to the contrary notwithstanding. Piled by Eenator Zito.

Senator zito.

Thank you, Mr. President and Members. House Bill 3655 would, in fact, put the State of Illinois and the Department of Public Aid on an -- uniform reimbursement cycle for nursing home 46  STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l2Gth Legkslative Day November 30: 1990 providers Statewide. The Governor's Message sakd: in fact, that it would cost, in his estimation, four million dollars, for Which no funding is available. I said two days ago - and I stand here and say again - the money, in fact, is available. Tbese are bills that the State of Illinois has incurred to these nursing homes that need to be paid. This is money that we owe these nursing homes. Some nursing homes, Ladies and Gentlemen, are on a pay schedule of fifty-six days. Should be thirty: and for the downstaters in this room, I can tell you that the City of Chicago nursing homes are already getting paid at the thirty-day intervals. Downstate nursing hopes some of them are at fifty-skx days. There's no cost to the State of Illinois. Thks is money, in fact, that was supposed to be paid. We are holding the money...

PRESIDING OFFICER: (SENATOR DEMUZIO) Excuse me, Senator. Pardon me# Senator Zito. We have some order, please? Senator Zito.

Thank you, Mr. President. This is money that the State is holding back and not paying these providers. We should not do that. We don't have to do that, and this bill would provide for a mandated reimbursement cycle on a calendar-month basis for al1 long-term care providers Statewide by July 1, 491. You know: the Governor also, in his veto message, had indicated that he's sensitive to this problem, and he realizes th/ inconvenience. think the State of Illinois needs to pay its bllls on time so thak khese providers can gontinue to provide the service to our senior citizens that are in these homes. Be happy to answer any questions. Appreciate your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is# shall Senator Schaffer. 47  STATE 0F ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30: 1990

Well, Ehere is a one-time expenditure of four million dollars here, and frankly, I think most of us are very reluctant not to do thisg but the simple fact is that welre spending ourselves deeper and deeper into a hole. And very regretfully, I think some of us would like to Wait till next year. And I think wedre going to have a new administration. think wefre going to have some emergency budget proposals, and I don't think We need to get any deeper in this pit that wedve dug in the last few years.

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

Thank you, Mr. President. Again, to answer Senator Schaffer, he 's clever enough to hold the administration line, but let me tell you, this is not new money. This is money that the State of Illinois owes. These are bills that have already been incurred. We need to pay this money. We have an obligation to pay this money.

PRESIDING OFFICER: (SENATOR DEMUZIO) Pardon me, Senator Zito. Senator Alexander, the Gentleman was closing. On this issue? Senator Alexander, for what purpose do you arise?

Thank you. I'm sorry. I did not understand that the Senator was closing. I had a question wanted to ask. Does this appropriation or bill, in any way, infringe upon the Chicago or northern nursing home appropriations?

PRESIDING OFFICER: (SENATOR DEMUZIO) senator Zito. I'm sorry. I -- I did not see your liqht onz Senator Alexander. Senator Zito.

48  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 Genator, as I said earlier, I would suppose that indirectly, it does. can tell you that the nursing homes in our area, in fact: are already on this cycle. That they, in factr are receivinq their payments - the bills that have been incurred - the State is paying them on a thirty-day cycle. Particularly, this would put all of downstate nursing homes on the same pay schedule, and make sure that downstate nursing homes are paid in the timely fashion that the City of Chicago nursin: homes are paid for.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Alexander.

Thank you. It does not, though. It merely puts you all and everybody equal on the same pay cycle, but it does no* take away money from the Chicago nursing homes and area?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Zito.

Not at all.

PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Zito may noW close. Senator Zito.

Well, thank you, Mr. President. said before, Senator Schaffer makes a good pitch for the administration line. I just think we need to pay our bills. And I think thak we need to do that in a timely faghion. And yes. maybe therefs concern and some over-hyper reaetion by *he nursinq home community that saysz HLook, if we don't get paid in a more timely fashion, we may not be able to provide that kind of service.'' I don't Want to have that happen downstate. It isn't happening in Chicago. Shouldn't happen downstate. This is not new money. This is money that We oWe. Please vote Xes for House Bill 3655. 49  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30e 1990 PRESIDING OFFICER: (SENATOR DEMUZIO) 1 . Question is, shall House Bill 3655 passr the veto of the Governor to the contrary notwithstandkng. Those yn favol will vote Aye. Those opposedy Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have al1 voted who wish? Have a11 voted Who wish? Last call. Have all voted Who Wish? Take the record. On that question, the Ayes are 35, the Nays are l3, 4 voting Present. On that -- having failed to receive -- House Bill 3655, having failed to receive the required three-fifths vote, the motion -- the motion's declared lost. House Bill 4049. Senator Marovits. Motions in Writing to Override Item Vetoes. House Bill 3273. Senator Rea. Senator Rea. 3341. Senator Carroll. 33 -- 3544. Senator Carroll. Motions in Writing to Restore Item Reductions is House Bill 3544, Madam Se/retary. SECRETAR; HAWKER: I move that the item on Page %# line 35, of House Bill 3544 be restotedy the item reduction of the Governor to the contrary notwithstanding. Filed by Senator Carroll.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President: Ladies and Gentlemen of the Senate. This is an issue we had passed on yesterday with sufficient votes to restore the funding, Ehen a Motion to Reconsider was successful, and we're now back before the Body. Question is very simple. The Governor took twenty mkllkon dollars from the line that says, ''Eor payments of grants under the senior citizens and disabled persons property tax relief and pharmaceutical assistance': lîne. He reduced that line by twenty mlllion dollars, Which means either senior citizens and people with disabilities ' 50  STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 wàll not get the life-sustaining drugs that We indicated in that program that they are to get. That is money that only comes out of that line. Or, if the Department of Revenue chooses to pay them, then according to the Department, eigbty-two thousand senior cktizens statewkde wkll not receive the property tax relief grant that we, the General Assembly of Illinois, promised to them, and that the Governor of the State of Illinois signed into law . We al1 know that most of the seniors of this Seate on fkxed income live from check to check to check. Por us not to pay them what they are duly and...

PRESIDING OFPICER: (SENATOR DEMUZIO) Pardon me, Senator -- Senator Carroll. Can we break up the conferences?

For us not to pay them what they are duly and lawfully entitled to, at the time to in which theydre entitled, and to say that these eighty-two thousand seniors cannot get their check from the State to live this year, or, if the Department of Revenue does it equallyr they cannot get their life-sustaining drugs to live this year. If theylre around, they can get their money next year. To me, that is not what the State is in business for. These people are entitled to these qrants in the timely fashion. Those Who support the program of senior assistance and disability: property tax relief, and pharmaceutical drugs must vote to restore this twenty millton dollars, so that eighty-two-thousand-plus Seniors throughoub Ehis Skake can, in fact, make it throuqh this fiscal year. I would urge an Aye vote.

PRESIDING OFFTCER: (SENATOR DEMUZIO) Is there discussion? Senator Watson.

Yes. Thank youy Mr. President. A question of the sponsor. PRESIDING OPFICERI (SENATOR DEMUZIO) 51  STATE GF ILLINOIS 86th GENERAL ASSEM3LV REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 S I ponsor indicates he will yield, Senator Watson.

Several times during your discussion, you mentioned the Pharmaceutical Assistance Program. I'm curiousas to whaeimpact 1 this will have on that program and those seniors who participate.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Senator Watson, as I said in my remarks, there is but one line in the budget. And it deals With both -- 1:11 read the line again. ''For payment of grants under The Senkor Citizens and Disabilities <sicl Persons Property Tax Relief and Pharmaceutical Assistance Act.'' It's a11 one line item . What I indicated in my remarks is that the Department of Revenue, who pays these, has indicated that their preference is to pay the pharmaceutical part of that line. But it is a1l one line. We have no control over which way they pay, Whether they do not pay *he seniors the check they're entitled to or do not pay for the life-sustaining drugs. In either event, they Wi1l not be able to meet their obligation to *he seniors of Illinois in either giving them the money to live on or the drugs to live on this fiscal year that theydre entitled to.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson. SENATOR WATSON: . Well, this will not have an impact on a seniors' eligibility for *he Pharmaceutical Assistance Program. All this is going to have ts an impact on the payment to the pharmacies who are participating in that program. This has no impact on the seniors. Now, you correct me if I'm wrong? but that's my interpretation.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Carroll.

52  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 Ife in fact, they decide not to pay for the drugse and the pharmacies are still in existence Where you can get tbe drugs, then you are correct. Pharmacies in the past have closed when they have not been paid. But, if there's no availability because there's no payment, there 's no drugs. At the same time, many of these people live on the monies they get khrough circuit breaker as well. And according to the Department, ak least eighty-two thousand people Will be denied their payments this year.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Senator, What you said, thouqh, was you -- this was going to have an impact on the eligibility of those seniors -- yes, sir. ïou said that during the debate - that this will have an effect on the eligibility of those seniors to participate in the Pharmaceutical Assistance Program . That's not the case at all. Those people will be allowed to participate. It's just the pharmacies may not be paid far *he drugs that they give and the services they qive to those recipients. So I think what you Were saying was a little bit misleading.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

No, I never used the term eligibility in any of my remarks. That's a comment that you made, Senator Watson. And I did say: however, that if the Department's analysis is correct, that Ehey -- and I said to you the Department said they would pay for the drug portion, but will deny eighty-two thousand seniors their check for the property tax relief. That Was the Department's decision. But I said to you - it is all Within one line - it could mean that the drugs are not paid for.

PRESIDING OFFICER: (SENATOR DEMUZIO) 53  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12Gth Legislative Day November 30, 1990 Further discussion? Senator Carroll, do you wish to close? Senator Carroll.

Just ask for a favorable vote. This is money We owe the seniors. Many of them live on this money. I think we have the obligation to pay them, and not steal from the seniors.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. The question is# shall the item on Page 8, line 35, of House Bill 3544 be restored, the item reduction of the Governor to the contrary notwithstanding. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 27, the Nays are ll, 11 voting Present. The motion fails. Motions in Writing to Accept the Specific Recommendations for Change. House Bill 3 -- 3-0-5-8. Senator de1 Valle. Madam Secretary, 3-0-5-8.

I move to accept the specific recommendations of the Governor as to House Bill 3058 in manner and form as follows: Amendment to House Bill 3058 in Acceptance of Covernorls Recommendattons. Filed by Senator Collins.

PRESIDING OFFICER: (SENATOR DEMUZIO) No.

Filed by Senator del Valle.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Senator de1 Valle. SENATOR dEL VALLE: Thank you: Mr. President. I move to accept the specific recommendations for change made by the Governor. This is the bill establishing the Homeless Prevention Act. It authorizes DPA to 54  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 establish a Homeless Prevention Demonstration Program . And khe change the Governor made was the deletion of language that mandated DPA to make a payment of a rent arrearage three times the monthly fair market rent established by HUD. This is a an amendatory veto that actually clarkfkes the kntent of the bkll. 1 move its acceptance.

PRESIDING OPFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall the Senate accept the specific reconmendations of the Governor as to House Bill 3058 in the manner and the form as just stated by Senator del Valle. Those in favor will indicake by -- those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have al1 voted who Wish? Have all voted Who Wish? Have al1 voted Who wish? Take the record. On that question, the Ayes are 56, the Nays are none: none voting Present. The specific recommendations of the Governor as to House Bill 3-0-5-8, having received the required majority vote of Senators elected, are declared passed. House Bill 3164. Senator Netsch. Madam Secretary: please.

I move to accept the specific recommendations of the Governor as to House Bill 3164, in manner and form as follows: Amendment to House Bill 3164 in Acceptance of Governor's Recommendations Filed by Senator Netsch.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch.

Thank you, Mr. -- Mr. President. We did deal with this issue in somewhat similar form yesterday, and I think there was some misunderstanding about it# and -- anè some diversion from the substance. I am moving to accept the Governor's recommended 55  STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 120th Legislative Day November 30, 1990 changes on a bill that involves tWo major provisions that are before us. 0ne critical to a11 of us - the spousal impoverishment provisions. The Governor removed the requirement that everyone be reexamined, because there was not adequate money for it. I'm accepting that. The other has to do With -- basically, With women released from prison. The program is there right now. This simply expedites their being able to get assistance for their children. It is nothing new at all. The bill is supported by the Department of Public Aid in this form. I am moving to accept the Governor's recommended changes. 'I would appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not; the question is# shall the Senate accept the specific recommendations of the Governor as to House Bill 3164, in the manner and form as just stated by Senator Netsch. Those in favor Will vote Aye. Those opposedy Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have al1 voted who wish? Have a1l voted who wish? Have a1l voted Who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 38, the Nays are 17, none voting Present. The Senate -- the specific recommendations of the Governor as to House Bill 3164, having received the required majority vote -- majority vote of Senators elected: are declared accepted. Top of Page l7. House Bill 3656, Madam Secretary.

I move to accept the Specific Recommendations of the Governor as to House Bkll 3656, kn mannex and fozm as follows: Amendment to House Bill 3656 in Acceptance of Governor's Recommendations Filed by Senator zito.

PRESIDING OFPICER: (SENATOR DEMUZIO) 56  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30. 1990 Senator Zito. SENATOR ZITO I Thank youz Mr. President and Members. would move ta accept the Governor's recommended cbange. He suggests that we remove a provision supported by the Dupage Mayors and Managers Conference which would permit the committees consistin: of b0th municipal and county members to adopt their own bylaws. If youdll remember, this bill created seven stormwater management planning councils in Cook County for khe establishment of watersheds. I accept his recommendation for change, and would appreciate your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Genator Geo-Karis.

Would the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Geo-Karis.

Senator, does your bill apply only to Cook County?

PRESIDING OFPICER: (SENKTOR DEMUZIO) Senator Zito.

No.

PRESIDING OPPICER: (SENATOR DEMUZIO) Further discussion? Senator Geo-Karis.

Well, you say no. Will you eell me how it affects counkies like Lake?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Zito.

Well, first of all, for the Membership, Senate Bill 100 is not in this bill. Secondly, Senator, this is a multicounty agreement, 57  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 if you will, to talk about stormwater flowing through the countkes, and establkshing watersheds. I donlt know specifically how if affects your county.

PRESIDING OFFICER: (SENATOR DEMUZTO) Further discussion? Senator Topinka.

Yes. Mr. President, Ladies and Gentlemen of the Senate - and especially those of us from northern Illinois in the -- the Cook and the collars who have had a significant flooding problem - this bill attempts to start addressing that on a regional basis. To my knowledge there is no opposition. Everybody is in agreement on It's a sit-down gettogether and cooperatively to try and figure out how to make all of this happen, because indeed the flooding knows no boundaries. So from a standpoint of anybody in northern Illinois, this is something that I think would be very helpful for a11 of us.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Question is, shall the Senate accept the specific -- Iîm sorry. Senator Macdonald.

Just very briefly, I want to stand in strong support of Senator Zito's motion. This is very important for those of us Who live in, as Senator Topinka said, in the northern part - northwest suburban part, particularly of Illinois. So I urge your Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? The question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 3656, in the manner and form as just stated by Senator Zito. Those in favor will vote Aye. Those opposed will vote Nay . The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have all voted Who wish? Take the record. On that 58  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 questionz the Ayes are 54z the Nays are nonez none voting Present. The specific recommendations of the Governor, as to House Bill 3656, having received the required majority vote of Senators elected, are declared accepted. Motions in Writing to Overrkde Specific Recommendations, House Bill 3146. Senator Rea. 3585. Senator Rea. On the Order of -- Override Specific Recommendations is House Bi11 3585, Madam Secretary.

I move that House Bill 3585 do passr the specific recommendations of the Governor to the contrary notwithstanding. Filed by Senator Rea.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea.

Thank you, Mr. President. House Bill 3585 raises the percentage of revenues from the Public Utilities Act transferred into the Coal Technology Development Assistance. There was some misinformation yesterday, because what this does is that it chanqes the one-sixty-fourth to a one-twentieth. And actually it -- the misinformation was that this would -- cost the State several million dollars, and that is not the case, because there is a cap on it. And more monies are generated into the Fund, and this comes at a time that is very necessary for coal research and development, in light of the federal air quality standards that has been moving in at the congresskonal level. So this would help us greatly to expedite our coal research and development on the use of high-sulfur coal, which We have an abundance of in Illinois, to be able to burn it in a clean way. So I would certainly ask for your Aye voke on this very important piece of leqislation.

Al1 right. Senator Rea has moved to -- passage of House Bill 59  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30, 1990 3585, the specific recommendations of the Governor to the contrary notwithstanding. Is there any discussion? Any discussion? 'If not, the question is, shall House Bill 3585 pass, the specific recommendations of the Governor to the contrary notwithstanding. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Have a11 voted who wish? Al1 voted who wish? Have all voted who wish? Have al1 voted Who wish? Have al1 voted who wish? Take the record. On that question, there are 34 Ayes, 13 Nays, 5 voting Present, and the motion fails. 3771. Senator Macdonald. Hold. You wish to hold it? Senator Macdonald.

Yes, Mr. President. The compromise language has been incorporated noW - that we Were speaking of yesterday - in House Bill 3777. So we will address that issue in that bill when it COReS .

All right. A11 right. Madam Secretary, have any additional motions been filed with respect to gubernatorial action?

I have an additional motion on House Bill 3273.

Read the motion, please.

I move that the item on Paqe 28, line 1, of House Bill 3273 -- pardon me. That's lines 21 and 24 of House Bill 3273 be restored, the ikem reduction of the Governor to the contrary notwithstanding. Filed by Senator Demuzio.

Senator Demuzio.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 60  STATE OF ILLINOIS ' 86th GENERAL ASSEMBLY REGULAR SESSION SENAQE TRANSCRIPT 120th Legislative Day November 30, 1990 This was a motion that I filed yesterday that I understand noW I k that there was some confusion, and there are a number of ! i individuals who noW Wish to vote in the affirmative. This is the restoration foz the adult education, both the public asskstance as well as the -- the State line items, and I would move for your favorable support. l i

The Gentleman has moved that the item on Page l9, lines 21 and 24, of House Bill 3273 be restored. Is there any discussion? Discussion? If not, the question is, shall the item on -- items I on Page 19, lines 21 and 24r of House Bill 3273 be restored, the item reduction of the Governor to the contrary notwithstanding. Those in favor will vote Aye. Opposed, vote Nay, and the voting is open. Have all voted who wish? Have al1 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the reeord. On that queskion, there are 35 Ayes, 21 Nays, none voting Present. The item on Page l9, lines 21 and 24 of House Bill 3273, having received the required majority vote of Senators elected, is declared restored, the item reduction of the Governor to the contrary notwithstanding. .q.tmachine cutoffl... Message from the House.

A Message from the House by Mr. O 'Brieny Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of Ehe following Eitle, Eo wit: Senate Bill 1086 with House Amendments l and 3.

Secretary's Desk. Madam Secretary, have any objections been j Eiled to the Resolutkons Consent Calendar?

No objections have been filed. ; 61  STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30y 1990

All right. Copy of the Resolutions Consent Calendar has been distributed. ..otmachine cutoffl... With leave of the Body, we added Senate Resolutions 1504 through 1513 and 1515 through 1519, and House Joint Resolution 157. Senator Demuzio moves the adoption of the Resolutions Consent Calendar. A1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The resolutions are adopted. Senator Philip, for what purpose do you arise, sir?

A point of personal privilege, Mr. President.

State your point.

I understand our distinquished colleague from central Illinois, Babe Woodyard, is going to be sixty years old on Monday, December 3rd. I think we ouqht to wish him a happy birthday. And he just caught up with me. Congratulations, Babe.

Senator Woodyard, happy birthday.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Philip, the percentages of Babe Woodyard hitting age sixty versus the percentages of the earthquake on December the 3rd are better than -- okay. A1l right. Is there further diseussion? All right. Senator Rock.

Thank youe Mr. Presidenk, Ladies and Gentlemen of the Senate. We have: as I'm sure everybody's aware, about ten or twelve conference committees floating out there. I am told mechanically it will take somewhere between six and eighk hours to :et them all put together and printed and distributed. In addition, there Was under consideration a supplemental appropriation. And I think 62  STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 120th Legislative Day November 30# 1990 it's fair to say that this Assembly has decided Ehat We are not going to overburden khe Governor-elect's new budget. We have turned down additional money -- money that's due and owing to senior citizens and to hospitals and medical providers. So I don't think it's appropriate for us at this kime to be considerin: a supplemental appropriation, either now or on January the 8th. I think we 'll leave thatz as we should, to the incoming administration. So, on that basis, Mr. President, I would move that we stand adjourned until January the 8th at the hour of noon.

PRESIDING OFPICER: (SENATOR DEMUZIO) All right. Senator Rock has moved that the Senate stand adjourned till the January the 8th at the hour of noon. Senate stands adjourned. And it's been called to the Chair's attention that Senator O'Daniel will be ninety-two on December the 4th. Happy birthday to you. Senator O'Daniel, do you wish to correct the record? How o1d will you be? Al1 right. 63 REPORT: TIFLDAY STATE 0: ILLINOIS 90/12/17 PAGE: 001 86TH GENERAL AS3ENBLY t2:24:25 SENAT: DAILY TRANSCRIPTION 0F DESATE INOEX NOVEMBER 30: 1990 88-2570 REEALLED PAGE 1T H8-2570 THIRO READING PAGE 27 H8-2867 THIRD REAOING PAGE 12 H8-3037 THIRD READING PAGE 13 H3-3058 VETO AETISN PAGE 54 HB-3l&# VETP ACTION PAGE 55 H8-3273 VETO ACTION PAGE 60 88-3386 RECALLEO PAGE 1: H3-354# VET: ACTION PAGE 50 H8-3585 VETO ACTION PAGE 59 H8-3655 #ETO AETION PAGE 46 H:-3656 VETS ACTION PAGE 56 HB-10&t REFUSE T0 RECEDE PAGE *# 58-0543 CONCURR6NCE PAGE 43 58-1310 NON-CORCURRENEE PAGE 28 53-:635 NQN-CBNCDRRENCE PAGE 30 S0-1&38 CONFERENCE PAGE 29 SB-2012 CONCURRENCE PAGE 39 58-2237 CONCURRENCE PAGE 30 Sk-1#88 ADOPTED PAGE 23 SR-l#9G DbT 0F RECORD PAGE 26 SR-l502 ADOPTED PAGE 26 SR-1503 ZESOLUTION OFFERED PAGE t SR-t50# REGDLMTïON QFFERED ' PAGE 1 5R-1505 RESOLUTION OFFERED PAGE 1 SR-15û6 RESOEUTION OFFERED PAGE 1 SR-15O; RESSLUTION :FFEZED PAGE 1 5R-1508 RESOLUTICN OFFEREZ PAGE t 5R-1509 RESOLUTION OFFERED PAGE 1 SR-151O RESOLUTION OFFERED PAGE 1 SR-k51t RESBLUTION OFFERED PAGE 1 SR-1512 RESOLUTION OFFERED PAGE 2 SR-à5l3 RESDLUTIGN OFFERED PAGE 2 SR-15lé ADOPTED PAGE #2 SR-151A RESOLUTION OFFERED PAGE 2 SR-l5t5 RESûLMTICN OFFERED PAGE #5 SR-151& RESOLUTION OFFERED PAGE 45 SR-15l7 RESOLUTION OFFERED PAGE *5 SR-1518 RESOLUTION OFFEREB PAGE 45 SR-l5l9 RESOLUTION OFFERED PAGE *5 :R-:520 RESOLUTION OFFERED PAGE #5 SR-152L RESOLUTION OFFERED PAGE 15 HdR-0O31 ADOPTED PAGE 39 HJR-0159 RESSLUTION FAILED PAGE 4: 5JR-0228 ADOPTED PAGE 11 5JR-0229 ADOPTEO PAGE #5 SUBJECT HATTER SENATE T0 ORDER - PREGIOENT ROCK PAGE t PRAYER - REV. ROBERT HANSON PAGE 1 JOURNALS - PDSTPONED PAGE 1 XESSAGES FROH THE HO0SE PAGE 2 fXECMTIQE APPOINTMENT: PAGE 4 ?4ESSAGE FROM THE HOUSE PAGE 61 RESOLUTIONS CONSENT CALENDAR - ADOPTED PAGE 61 ADJOURNMENT : PAGE 83 . 1 1 . .. . .-.-=. > . D, -..--.:.. l