Illinois Senate Floor Debate — May 21, 1991

The hour of nine having arrived, the Senate will please eame to order. W1ll the Members be at their desksz and Will our guests in the gallery please rise. Our prayer this morning by Pastor Mike Roberts: First Baptist Church of Fairmont, Fairmont, Illinois. Reverend.

(Prayer by Pastor Mike Roberts)

Thank you, Pastor. Reading of the Journal, Madam Secretary. Senator Kelly.

Thank you, Mr. President. move that the reading and approval of the Journals of Wednesday, May 15th: Thursday, May 16th: and Monday, May 20tb, in the year 1991, be postponedr pendin: arrival of the printed Journals.

You've heard the motion as placed by Senator Kelly. Is there any discussion? If not, a1l in favor, indlcate by saying Aye. A11 opposed. The Ayes have àt. The motion carries, and it is so ordered . Committee Reports.

Senators Demuzio and D'Arco, Co-chairmen of the Senate Committee on Assignment of Bills, reports the -- the assignment of the following House bills to eommittee: Agrieulture and Conservation - House Bills 204: 314, 508, 620, 921, 1464, 1769: Consumer Affairs House Bills 1968 and 2523: ïlementary and Secondary Education - House Bills 97, 282, 475: 670, 778, 827, 843, 1238, 2433 -- pardon me, 24237 Energy and Environment - House Bills 610: 706: 957, 1137, 1199, 1449, 1514, 1522, 1813, 2020, 2250, 2325, 2338, 2352, 2374, 2536 and 25899 Executive House Bills 751, 812, 877, 919, 927, 933, 943, 945, 1251 -- pardon  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 me, 1323, 1556, 1576, 1615, 1949, 2085, 2240, 2378 and 25387 Finanee and Credit Regulations - House Bills 989, 1379, 2014 and 2134; Higher Education - House Bllls 240, 1249, 1573: 2314 and 2360: Insurance, Pensions and Licensed Aetivities House Bills 118, 125, 133, 254, 391, 495, 968, 970, 971, 1040: 1204, 1299, 1407, 1466, 1481: 1483: 1528, 1604, 1618, 1692, 1856: 1864, 1948, 2051 and 2094: Judiciary I - House Bills 276, 358, 431, 878, 1285, 1440, 1462, 1463: 1564, 1594: 2358, 2366, 2433, 2434: 2435, 2436, 2437, 2438, 2439. 2440, 2441 and 2456: Judiciary 11 - House Bills 367, 434, 466, 786, 840: 1108, 1589, 1609, 1675, 1676, 1687, 1951 and 1955; Labor House 3ills 143, 1776, 1811 and 2100: Local Government House Bills 16, 407, 408, 410: 559, 746: 791, 838, 889, 965, 1383, 1478, 1827: 2380# 2417 and 2495: Public Health, Welfare and Corrections - House Bills 739, 1000, 1139, 1764, 1832, 1854, 2013, 2040, 2160, 2234, 2281, 2293 and 2466: Revenue - House Bills 1256, 1376 and 20727 State Government Organization and Administration House Bills l2, 452, 526, 875, 879, 1461 and 23557 Transportation - House Bills 1165, 1296, 2067 and 2602.

Resolutions, Madam Secretary.

Senate zesolution 404 offered by President Rock and a11 Members. And Senate Resolution 405 offered by Genator Davldson. Theylre both congratulatory.

Consent Calendar. from the House.

A Message from the House by Mr. O'Brien, Clerk. President I am directed to inform the Senate that the House of Representatives has concurred With the Senate in the adoption of the following joint resolution, to wit: 2  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 1991 Senake Joine Resolution 55 with House Amendment Na. 1. Passed by the House, as amended, May 1991.

Senator Demuzio.

Thank you, Mr. President. The Senate Joint Resolution 55, Amendment No. 1, Was apparently amended for the benefit of the House to come back at six o'cloek last night. would move the concurrence with House Amendment l to Senate Joint Resolution 55.

All right. Senate Demuzio has moved that the Senate do concur with House Amendment No. l to Senate Joint Resolution 55. It was an amendment to the adjournment resolution. A1l in favor of the Motion to Concur, indicate by saying Aye. A11 opposed. The Ayes have Senate does concur in House Amendment No. 1 to Senate Joint Resolution 55, and the Secretary shall so inform the House. If I can hav! your attention: Ladies and Gentlemen, the Chair would like to advise the Membership that Mr. Rudy Kink from the General Assembly Retirement System has agreed to make himself available all day today, up until about 3:30, in the President's Podium Ante Room . So -- so those of you Who have questions or inqulries about the status of the General Assembly Retirement System, that pertains to you, please feel free to consult with Mr. Mink during the course of tbe day. With leave of *he Body then, we'll move to Page 42 on the Calendar. Page 42 on the Calendar. On the Order of House Bills lst Readins. House Bills lst Reading, Madam Seeretary.

House Bill 69 offered by Senator O'Daniel. (Secretary reads title of bill) House Bill 164 offered by Senator Cullerton.  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 1991 (Secretary reads title of bill) House Bill 293 offered by Senator J.J. Joyce. (Secretary reads title of bill) House Bill 298 offered by Senator Luft. (Secretary reads title of bill) House Bill 4û6 offered by Senaeor Luft. (Secretary reads title of bill) House Bill 516 offered by Senator Mahar. (Secretary reads title of bill) House Bill 5?2 offered by Senator HaWkinson. (Secretary reads title of bill) House Bill 780 offered by Senator Etheredge. (Secretary reads title of bill) House Bill 859 offered by Senator DeAngelis. (Secretary reads title of bill) House Bill 899 offered by Senator Kelly. (Secretary reads title af bill) House Bill 93l offered by Senator Luft. (Secretary reads title of bill) House Bill 990 offered by Senator Marovitz. (Secretary reads title af bill) House Bill 1091 offered by Senator Lechowicz. (Secretary reads title of bill) House Bill 1166 offered by Senator Luft. (Secretary reads title of bill) House Bill 1186 offered by Senator FaWell. (Secretary reads title of bill) House Bill 1225 offered by Senator Fawell. (Secretary reads tltle of bill) House Bill 1243 offered by Senator Luft. (Secretary reads title of bill) House Bill 1429 offered by Senator Luft. 4  STATE OP ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislatëve Day May 2l# 1991 (Seeretary reads title of bill) House Bill 1487 offered by Senator Savickas. (Secretary reads title of bill) House Bill 1488 offered by Senator Lechowicz. (Secretary reads title of bill) House Bill 1497 offered by Senator Jacobs. (Secretary reads title of bill) House Bill 1668 offered by Senator Raica. (Secretary reads title of bi11) House Bill 1850 offered by Senator O 'Daniel. (Seeretary reads title of bill) House Bill 1857 offered by Senator Jacobs. (Seeretary reads title of bill) House Bill 2118 offered by Senator Brookins. (Seeretary reads eitle of bill) House Bill 2138 offered by Senator Luft. (Secretary reads title of bill) House Bill 2309 offered by Senator DeAngelis. (Seeretary reads title of bill) House Bill 2385 offered by Senator Philip. (Secretary reads title of bill) House Bill 2422 offered by Senator Severns. (Seeretary reads title of bill) House Bill 2491 offered by Senator Joyee. (Seeretary reads tltle of bill) House Bîl1 2579 offered by Senator Luft. (Secretary reads tltle of bill) And House Bill 2643 offered by Senator Welch. (Secretary reads title of bill) lst Reading of the bklls.

Committee on Assiqnment. Al1 right. Ladies and Gentlemen, if 5  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR 'SESSION SENATE TRANSCRIPT 30th Legislative Day May 2lz 1991 can have your attention. We will begin on Page 2 on the Calendar on the Order of Senate Bills 2nd Reading, and we will move through 2nd Reading, calling those bills that the sponsors wisb addressed. And then we will qo immediately to Senate Bills 3rd Reading and begin where we left off yesterday in the nine hundred series with Senator Rigney 's bill and continue on 3rd Reading for the balance of the day. The appropriations bills will be called fîrst thing tcmorrow morning. I would only advise the Membership - I'm sure they're aware - that Friday is the deadline and today will determine, in my judgment, the length of Frlday or if there's to be a Priday at all, in terms of Session. So I would admonish the Menbership to be ready and ready to move. Madam Secretary, top of Page 2 on the Order of Senate Bills 2nd Reading is Genate Bi11 l0. Read the bill, please.

Senate Bill l0. (Seeretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Ploor?

Senator Berman offers Amendment No.

Senator Berman.

Thank you: Mr. President and Ladkes and Centlemen of the Senate. The Amendment to senate Bill 10 is a cleanup bill to make it just a pure vehicle. It is our intention to move this bill to 3rd today and tomorrow bring lt back on Recall. We will have an bill -- an amendment tomorrow to address the voting process in Chicago school retorm. So# I move the adoption of Committee Anendment No. 1. 6  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day Ma# 1991

A11 right. Senator Berman has moved the adoption of Amendment No. 1 to Senate Bill 10 With the understanding the bill will be recalled tomorrow. A11 ln favor of the adoption, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. 0n the Order of Senate Bills 2nd Fêading is Senate Bill ll. Madam Secretary: read the bill, please.

Senate Bill ll. (Secretary reads title of bi1l) 2nd Reading of the bill. The Committee on Elementary and Seeondary Education offers Committee Amendment No.

Senator Berman, on Committee Amendment No.

Thank you. Amendment No. l is the amendment adopted in eommittee. It is an itemization of what I call the miscellaneous items addressing several aspects of Chicago school reform . Copies of this are available, and it has approximately eleven items including - 1et me just mention a few of them - things such as the student member of the LSC 'S in the high school's having the right to vote; the process of addressing nonactive LSC members and about a dozen other items. move the adoption of Committee Amendment No.

Senator Berman's moved the adoption of Committee Amendment No. l to Senate Bill 1l. Discussion? If not, a11 in favor. indieate by sayinq Aye. All opposed. The Ayes have The amendmentls  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Leqislative Day May 21, 1991 adopted. Further amendments?

No further committee amendments.

Any amendments from the Floor?

1 No Floor amendments.

Senator Berman.

I just -- thank you, Mr. President. I just Want to state that this bill will also be recalled for the opportunity for amendments tomorrou, hopefully.

A11 right. 3rd Reading. Senate Bill 15. Senator Kelly. Senate Bi1l 22. Senator Brookins. Read the bill, Madam Secretary, please.

Senate Bill 22. (Secretary reads title of bil1) 2nd Reading of the bill. The Committee on Transportation offers Committee Amendment No.

Senator Brookins, on Commiteee Amendment No. 1.

Yes. Thank you, Mr. President. Commëttee Amendment Na. removes the pedalcycles from the bill.

Senator Brookins has moved the adoption of Committee Amendment No. 1 to Senate Bill 22. Discussion? Senator Woodyard.

Xes, Mr. President, thank you. And to the Members of the 8  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 1991 Senate, this is -- this bill - and I hope you all are paying attention is a mandative Ksicl motorcycle helmet bill. And the aommittee amendment deletes or exempts or takes out of the bill the fact that pedalcycles would be included in it. In other words, the bill is now saying in it, with tbis committee amendment, that you wouldn't have to wear a motorcycle helmet with a pedalcycle or a scooter or something like that. And I rise in opposition to that eommittee amendment. The reason bein: if this bill is good enough for all other people riding motorcycles, why not the pedalcyeles? And so, I would -- I Would certainly oppose the amendment.

Purther discussion on Committee Amendment No. 1? Senator Brooklns, you wisb to close?

Thank you. I merely ask for a favorable vote this. We feel tbat the pedalcycles go so slow and - et eetera that there is a minimum of danger in the hitting of the heads on concrete and et cetera. And I ask for a Aye vote.

Al1 right. Senator Brookins has moved the adoptlon to Committee Amendment No. to Senate Bill 22. Al1 in favor, indicate by sayin: Aye. All opposed. The Ayes have The motion carries. The amendment is adopted. Further amendments?

No further committee amendments.

Any amendments from the Floor?

Senaeors Woodyard and Watson offer Amendment No. 2.

Senator Woodyard, on Amendment No. 2. 9  STATE OF ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 1991

Thank you, Mr. President. Would you have the Secretary read the LRB number on this, please?

I will indeed. Madam Secretary, please.

It ends in CTmcam.

Does this end 4CT -- Tmeam, did you say?

Yes, it does.

Withdraw.

Withdraw that amendment. Further amendments?

Amendment No. 2 offered by Senators Woodyard and Watson.

Madam Secretary, will you read the LRB number on that one?

It ends amol.

Senator Woodyard.

Thank you, Mr. President and Members of the Senate. Seemlngly, the -- tbe thrust and the support -- the major support of this bill has come from the City of Chicago, and this amendment's rather simple. It Would restrict the mandate just to the City of Chicago for -- for motoreycle helmets. And I would urge its adoption.

Senator Woodyard has moved the adoption of Amendment No. 2 tc  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 1991 Senate Bill -- Senate -- Senate Bi11 22. Discussion? Senator Brookins. SENATOR BROOKINS; Thank you, Mr. President. I oppose this amendment. It's an unfriendly amendment, and I don't know why my colleague is doing this. It's my understanding that we allow Senators to put bills in the orders which they want to pass them. But any event, can attest that there is just as much danger and cost in downstate areas in ridin: motorcycles as there is in the City of Chicago. Here Springfield alone wefre paying over a hundred thousand dollars a year just to keep one person in a hospital in Wisconsin because he fell off a motorcycle without wearing a helmet. So I ask for a No vote on this amendment.

Further discussion on Amendment No. 2? Senator Cullerton.

Yes. Thank you, Mr. President. I also rise in opposition to the Gentleman's amendment. I think that this issue has been voted on in the past few years. People know their position on -- on the bill. And think if youlre against the bill, you should vote against it on 3rd Reading. But to take an amendment to a Vehicle Code provision which -- and have it apply to only one part of the State is really an absurd proposition. We donft have different traffic laws in different parts of the State. The fact is that the bill, if passed and When passed, Will save money for the statee and it'll save lives and it should be applicable Statewlde. So, I Would ask people to simply not vote for this amendment. If you want to vote No on 3rd Reading, I understand that, but this is not a wise policy to adopt this amendment.

Further discussion on Amendment No. 2? Senator Watson.

11  STATE OP ILLINOIS 8?th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 30th Legislative Day May 2l, 1991 Yes. Well, thank -- thank you, Mr. President. Well, I rise in support of this Gentleman's effort here. We -- if youdve looked to see where motorcyele riders live, the vast majority of the motorcycles ltve in What we consider downstate Illinois, outside the City of Chieago. Most -- and the vast majority of those people - they don't want this legislation, Senator. So, you're 9oin9 to -- if wedre going to do something about then let's do it in your community, where you think it ought to be done not something that you want to force down the throats of the people in our area. So I rise in support of the Centleman's amendment, and certainly hope the Membership Will also .

Furkher discussion? Senator Demuzio.

Well, thank you, Mr. President. I guess -- I'm going to rise in -- in opposition to this amendment. You know, these amendments that are going to be put on this bill, appears to me that making it a 1ot easier for a lot of people to vote for this bill. And I think -- I don't support the bill, nor -- nor do support these amendments. So Ilm sort of in a 'tkixt and between at the moment. I suppose I'm just going to rise to support a11 the amendments that are going to go on.

Further discussion? Senator Alexander.

Thank you, Mr. President. To the Members of this august Body: When the opportunity came for us to mandate Statewide insurance, we accepted it. When the opportunity came to mandate passenger seatbelts for the entire State, we accepted it as being the most logical thing to do. When we had the opportunity and were mandated to accept child restraint seats because was good for the childr/n, We accepted it. Helmets for the entire State is 12  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 21, 1991 good, not just for one locality. That's very foolish. To ride over the eneire Stater to enter the borders of Cook County and then jump out and buy a helmet - how silly can that get? This is a bad amendment. hope ke would vote against it.

Further diseussion? Senator Dudycz.

Well: thank you, Mr. President. Regarding this amendmenty think that the City of Chicago wishes to enaet an ordinance that would put this restriction: I think they have that right. Rather than limit the helmet usage for the people that lïve in the City of Chicago -- defeats the purpose of the intent of the bill, beeause those kho live in the suburban area or downstate can drive bhrough the City and not be protected, and they wauld be just as vulnerable as those eurrently driving through the City. would vote -- or urge a No vote on this amendment.

Further discussion on Amendment No. 27 Senator Woodyard, to close.

Thank you, Mr. President. Well, by now certainly everybody knows what -- what this amendment does. certainly limits the bill just to the City of Chicago. And as far as the claim that we don 't do things dlfferently in the for the City of Chicago and as to downstate Illinois, We very definitely do in a lot of cases. And, guite frankly, we don't want this bill ln downstate Illinois. If you guys from Chicago want it, this amendment will take care of you. And I would urge its -- its adoption.

A1l right. Senator Woodyard has moved the adoption of Amendment No. 2 to Senate Bill 22. Those in favor of the amendment will vote Aye. Opposed vote, Nay. And the voting is 13  STATE 0P ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 open. Have all voted who Wish? Have a11 voted Who wish? Have a1l voted who wish? Have all voted who Wish? Take the record. On that question, there are 20 Ayes and 30 Nays. Amendment No. 2 fails. Further amendments?

Amendment No. 3 offered by Senators Woodyard and Watson.

Senator Woodyard, on Amendment No. 3.

Withdraw.

The Gentleman asks that kt be wkthdrawn. Further amendments?

No further amendments. PRESIDENT ROCK) 3rd Reading. Senator Tom Dunn. 42. Senator Dunn. Read the bill, Madam Secretary. please. Ladles and Gentlemen, wefre in the middle of Page 2 on the Order of Senate Bills 2nd Reading, Senate Bill 42. Madam Seeretary please.

Senate Bill 42. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government Organization and Administration offers Committee Amendment No.

Senator Dunne on Committee Amendment No. 1.

Thank you, Mr. President. Amendment No. l becomes the bill. Amendment No. l is duplication of House Bill -- the administration's House bill concerning sick leave and an individual who resigns and then receives a lump sum paymenty and then comes back to work within thirty days - and this prohibits 14  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 that.

Senator Dunn has moved the adoption of Committee Amendment No. l to Senate Bill 42. Discussion? If not, a1l in favor indieate by saying Aye, a1l opposed. The Ayes have The amendment's adopted. Further Amendments?

No further committee amendments. PRESIDENT ROCX) Any amendaents from the Ploor? SECRETARY HAWKER; No Floor amendments.

3rd Reading. 106. Senator Smith. Read the bill, Madam Secretary, please.

Senate Bill 106. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Smith offers Amendment No.

Keep down to a mild roar. if we can. Senator Smith, on Amendment No. 1.

Thank you, Mr. President, Ladies and Gentlemen. Amendment 1 to Senate Bill l06 the bill merely requires doetors to provide sound eare of their patients when bospitalized. The amendment is supported by the Medical Society and

STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 Senator Smith has moved the adoption of Amendment No. 1 to Senate Bill 106. Discussion? not, a11 favor, indicaee by saying Aye. All opposed. The Ayes have it. The amendment's adopted . Further amendments?

No further amendments.

3rd Reading. 109. Senator 5m1th. Senator Smith.

Senate Bill 109, I would like to Table.

A1l right. Senator Smith has moved to Table Senate Bill 109. Discussion on the Motion to Table? If not, al1 in favor. indicaee by saying Aye. A1l opposed. The Ayes have it. The motion carries. 109 is Tabled. Senator Tom Dunn. Welre going to do the appropriation bills first thin: tomorrow morning, at the request of the Chairman and Minority Spokesman of the Appropriations Committee. 144. Senator Rea. 146. Senator Dunn. Fiscal note has been requested. 195. Senator Severns. Welre at the top of Page 3. 214. Senator Pullerton. 0n the Order of Senate Bills 2nd Reading: top of Page 3, is Senate Bill 214. Read the bill, Madam Secretary, please.

Senate Bkll 214. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Governmenk offers Committee Amendment No. 1.

Senator Cullerton, on Committee Amendment No.

Mr. Presidentz I'd like to Table Committee Amendment No. because I think that subsequent amendments will replace 16  STATE OF ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2ly 1991

Senator Cullerton has moved to Table Committee Amendment No . to Senate Bill 214. Discussion on the Motion eo Table? If not' a1l in favor, indieate -- saying Aye. Oppcsed, Nay. The Ayes have it. The motion carries. Amendment No. l is tabled. Are there further amendments?

No further committee amendments.

Are there amendments from the Floor?

Senator Fawell offers Amendment No. PRESIDENT ROCE) Senator -- I'm sorry . Senator Cuklerton.

Mr. President, I'm sorry. 0ne amendment that thought was filed has not been filed. Soy I'd like to take the bill from the record at this time. PRESIDENT ROCK; Take it out of the record. 226. Senator Smith. Read the bill, Madam Secretary: please.

Senate Bill 226. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

No Floor amendments. PRESIDENT ROCK; 3rd Reading. 271. Senator del Valle. 294. Senator Maedonald. 299. Senator Daley. Has the fiscal note response been filed yet? 17  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 right. Bottom of Page 6. Page 6 on the Calendarr Ladies and Gentlemen. Again, for those of you who arrived a little later, a gentleman from the General Assembly Retirement System will be spending the day in the Podium Ante Room to answer your inquiries eoncernin: the General Assembly Pension System . Please feel free to avail yourself of his services and his advice. Bottom of Page 6. On the Order of Senate Bills 2nd Readin: is Senate Bill 378. Read the bill: Madam Secretary, please.

Senate Bi1l 3-7-8. (Seeretarg reads title of bill) 2nd Readlng of the bill. The Committee on Executive offers Committee Amendmenk No. 1.

Senator Jacobs.

Thank you, Mr. President. Committee Amendment No. was strictly a -- a -- and -- well -- what does Amendment No. Committee Amendment No. l strietly crossrefereneed provisions of the bill amending tbe Open Meetings Aet. It was strietly technical.

Senator -- Senator Jacobs has moved the adoption of Committee Amendment No. 1 to Senate Bill 378. Discussion? If not, a1l in favor, indicate by saying Aye. All opposed. The Ayes have The amendment's adopted. Are there further amendments?

No further eommittee amendments.

Any amendments from the Floor?

Senator Jacobs offers Amendment No. 18  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Gth Legislative Day May 2l, 1991

Senator Jacobsy on Amendment No. 2.

Thank you, Mr. President, Ladies and Gentleaen of the Senate. Senate Amendment No. 2 puts some limitations on the -- the freedom of information as requested by the Gaming Board, which states that that portion of deliberation for decisions - whether is discussed any personal financial information pertaining to an applicant; commercially-sensittve information which, publicly disclosed, could give an unfair advantage to an applicant or licensee's competitors; and prior, ongoing or prospective administrative or criminal investigations pertaining to -- pertaining to an applicant or licensee. And ask for its adoption.

Senator Jacobs has moved the adoption of Amendment No. 2 to Senate Bill 378. Discussion? not, al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Eurther amendments?

No further amendments.

3rd Reading. 380. Senaeor Berman. Top of Page 405. Senator Severns. 424. Senator Berman. On the Order of Senate Bills 2nd Reading, top of Page 7, is Senate Bill 424. Read the bill, please.

Senate Bill 424. (Secretary reads title of btll) 2nd Reading of the b111. No committee amendments.

Any amendments from the Floor?

19  STATE OF ILLINOIS 87th GENERAL ASSZMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 No Floor amendments.

3rd Reading. 443. Senator Cullerton. Read the bill, Madam Secretary, please.

Senate Bill 443. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance: Pensions and Licensed Aetivities offers Committee Amendment No. 1.

Senator Cullerton, on Committee Amendment No. 1. SENATOR CULLERTON) Mr. President, welre in the mldst of negotiations on this bill. The eommittee amendment made the bill a shell, and I think appropriate that we adopt the amendment and then continue our negotiations.

A11 right. The Gentleman has moved the adoption of Committee Amendment No. l to Senate.Bill 443. Discussion? If not, a11 in favor, indicate by saying Aye. A1l opposed. The Ayes have The amendment's adopted. Further amendments? SECRETAR: HAWKER: No further committee amendments.

Amendments from the Floor?

No Floor amendments.

3rd Readlng. 478. Senator Tom Dunn. Read the bill, Madam Secretary, please.

Senate Bill 478. 20  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary offers Committee Amendment No. 1.

Senator Dunn, on Committee Amendment No. 1.

Thank you, Mr. President. Committee Amendment No . establishes an economie criteria to be used by the Gaming Board to determine whether or not different areas ought to receive a gamïng license and they use criteria such as unemployment, the unemployment for ten years, jobs lost in the last fifteen yearsr et cetera. There 's about twenty-four items of criteria.

Senator Dunn has moved the adoption of Committee Amendment No. l to Senate Bill 478. Discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further committee amendments.

Amendments from the Floor?

Senator Thomas Dunn offers Amendment No 2.

Senator Dunn, on Amendment No.

Thank you, Mr. President. This Amendment is intended to allow lecal governments, rather than applieants, to decide whether an area should have a single or a multiple license.

senator Dunn has moved the adoption of Amendment No. 2 tc Senate Bill 478. Discussion? If not, a11 in favor, indicate by 21  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 saying Aye. All opposed. The Ayes bave it. The amendment's adopted. Purther amendments?

No further amendments.

3rd Reading. 482. Senator Maitland. There's been a request for a fiscal note. 484. Senator Severns. 485. Senator Schaffer. 497. Senator Luft. Senator Demuzio: for what purpose do you arise?

Before we leave that page, could We go back to 399? Senator Newhouse is not here, and I'm a hyphenated co-sponsor. I'd like to move that bill.

Yes, indeed. There's -- there's a request for a fiscal note. Has that been responded to?

Yes.

It has been responded to. Al1 right. With leave of the Body, we'll go back to the top of the page. On the Order of Senate Bills 2nd Reading Senate Bill 399. Read the bill, please.

Senate Bill 399. (Seeretary reads title of bill) 2nd Reading of the bill. The Committee on Higher Educatlon offers Committee Amendment No. 1.

Senator Demuzio, on Committee Amendment No.

Thank -- thank you, Mr. President. Committee Amendment No. makes technical changes and adds some lanquage that would provide 22  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 greater financial incentives for the use of the contracts for in-state, private universities versus out-of-state universities. This is the bill that ereates the Future Education Account as requested in committee. would move adoption of Committee Amendment No.

Senator Demuzio has moved the adoption of Committee Amendment No. 1 to Senate Bill 399. Discussion? If not, all in favorz indicate by sayin: Aye. A11 opposed. The Ayes have The amendmentts adopted. Further amendments?

No further committee amendments.

Amendments froa the Floor?

No Floor amendments.

3rd Reading. 497. Senator buft. 520. Senator Macdonald. 520. -On the Order of Senate Bills 2nd Reading, we're .at.the bottom of Page 7, Ladies and Gentlemen. The bottom of Page 7, is Senate Bill 520. Read the bill, Madam Secretary, please.

Senate Bill 520. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Elementary and Seeondary Education offers Committee Amendment No. 1.

Senator #acdonald, on Committee Amendment No. 1.

Yes, Mr. President. Committee Amendment No . did a number of things. It deleted the language, first of all, that said, ''no ehild shall be penalized for failure to participate in any 23  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21# 1991 activity that tbe ehild is excused from by this Secticn.'' So# that part is deleted from the bill. Secondly, changed the second page of the bill by restating Section 20 regarding regarding the movie Section, and it just merely said that wherever parental labels are in place by the movie industryr that parents should then give parental permission to view such movles. So, that was changed. The amendment further removed the requirement that at least one publie library have copies of public school materials. That would have been entirely impossible, and I did not accept the bill without the understanding thae that would be removed. The amendment totally removes al1 civil penalties found in the two sections of the bill where civil penalties are addressed. The amendment also restates the provision that materials used by public schools shall be made available for inspection before and durinq their use and state that materials should be maintained by schools in school libraries, if such libraries exist, during the hours the school is apen. It makes also technical changes in renumbering those Segtions to make them track. So, that's .what the .committee amendment did. I did file a fiscal note on this bill, which the Secretary of the Senate has, and I would like to read that at this timey if may. Says: ''Senate Bill 520, as amendedy creates the Parent and Student Civil Rights Act regarding participation in school activities and the viewing of movies with unfavorable ratings. The legislation requires that eaeh school with a central library make available for puhlic inspeetion al1 instructional materials. The legislation also establishes certain quidelines regarding the ereation of advisory committees for textbook review. The proposed legislation establishes certaln guàdelines for the creation of textbook advisory eommittees. The legislation does not mandate tbe ereation of these committees. Hence, there would be no fiscal impact upon the local districts resulting from this compcnent of 24  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislatlve Day May 2l, 1991 tbe legislation. Some duplicating costs could be ineurred as schools would be required to place a1l instructional materials in school libraries. However, the extent of this duplicating effort cannat be determined by the State of the <sicl Board of Education.'' So, that's the fiscal note. I also have filed another amendment.

A11 right. Senator Macdonald has moved the adoption of Committee Amendment No. l to Senate Bill 520. Discussion? If not, a11 in favor, indlcate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further committee amendments.

Are there amendments from the Floor?

Senator Macdonald offers Amendment No. 2.

Senator Macdonald, on Amendment No. 2.

Yes. Amendment -- Amendment No. 2 ls -- removes a Sectian that was objectionable to the movie/picture industry and now makes this bill what they consider to be a conseitutional bill. And that changes Section 20 to read, No unemaneipated minor shall be allowed, as a part of any school activity, to view any movie that is not produced and distributed solely for educational or instructional purposes Without the prior written notification or his parent or -- guardian. No unemancipated minor shall be required to view any movie if a parent or guardian files a written objection to the minor's participation. Refusal to participate shall not be reason for suspension or expulsion of a pupil. Also, in order to address the objections by think was Senator 25  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Etheredge we have now said that, as a part of this amendment, that the library may -- the original language said that they must maintain copies and now we say that they make them available. Many schools do not have libraries -- school libraries. So, we just say now that the material, if they have a library, shall be available so that parents may go and not interrupt classroom and may -- may review, in -- in a quiet plaee, the materials that are available in the schools. So that's What the second amendment does, the Floor amendment. And I would move for its passage.

Senator Macdonald bas moved the adoption of Amendment No. 2 to Senate Bill 520. Discussion? Senator Holmberg.

Thank you, Mr. President. think We should pay attention to this Ploor amendment that was Macdonald is asking to be put on. It expands 520 in one instance and modifies it slightly in another. Basically what it is saying is that noW if students are going to see a movie in their classroom or anyplace in the sehool that has not been produced specifically forlinstructional.purposes or educational purposes, they must -- the school must notify the parents. Any of you who have wakked through a school building as children have watched a variety of films Will know hoW much this will interfere with the educational process. The second point, although somewhat better than the original bill, still puts a further reskriction on what can happen ln the classroom - that they may -- parents may, upon request, ask that the requested material be available for public inspection in the library . doesn't say the classroomr as Senator Maedonald has mentioned. It says in the library. Some schools do not have libraries. Even those that do often do not have equipment on which to produce some of the material for parents' inspection. For instanee, they may not have computer -- computers in the library in order to play 26  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 computer software that the children are using. They may not have VCRS in the library in order to play a videotape that the parents are asking to see. This is a very expensive amendment and an amendment that interferes with the classroom process. I Would ask that we have a roll call and that We defeat it.

Further discussion on Amendment No. 2? Senator Collins.

Yes. Question of the sponsore please.

The sponsor indicates she Will yield, Senator Collins.

Senator Macdonald: one of the real problems that we had with this bill was how would it be administered and in the difficuley in doing that. Now let me ask you this - on this amendment, what if I took my students on a field trlp to some museum or to some other kind of conference and they showed a movie there that wasn't necessarily, in my opinion, would be considered as an X rated or undesirable movie, hoW would I knoW and how would f. 9et the parents' permission -- I mean, how could the parent view that movie before they saw it, and then how could get the parent permission to do that? Because much -- much of -- a 1ot of edueation and a 1ot of revkewkng films goes on outside of the classrooms when -- when you take students out on field trips. The other question T'd like to know - what age limit or is there an age limit?

Senator Macdonald.

I didnft get the last part of your question, Senator. The last sentence or so.

27  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislaeive Day May 2lz 1991 Senator Collins.

Whether or not there is an age limit. Are we talking about from zero through twelfth grade?

There is no age limit. And, Senator Collins, we have changed the rating system that was the part of this Floor amendment. There is no longer any reference to the voluntary rating of movies by the movie industry. If youy as a teacher, are going to take your students on a field trip, would presume that you would know before you qo What -- if you were golng to view movies. This merely says that if -- if -- if children are to view movies that are other than instructional movies that is if they are -- have been produced by the movie industry for entertainment - that the parents merely be notified that -- that -- that their children are goin: to be there. It then puts the respönsibility on the parent to say whether or not. They do not automatieally anymore With the Floor amendment, they no longer automatically have to give approval. Itds just if they don't want their children to view this material or a movie on a field trip or so forth, that they shall say so.

Senator Colllns.

Yes. have to join With Senator Holmberg. I really -- senator Macdonald, T still think, as I said in committee - know you 're trying to make thls bill acceptable: but what you 've done here, you've - on one handy you've made some modificationy but you dve made the bill, I think, back to What it was ln the beginning when we were in -- in in committee. The same klnds of things that's objectionable now in this amendment were the same objections that we had in -- in committee. And just think, 28  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SCSSION SENATE TRANSCRTPT 30th Legislative Day May 2l, 1991 again, you should -- you know, this is a local problem that ycur school district is having and you ought to try to resolve there, and we should defend this -- defeat this amendment.

Further discussion? Senator Melly.

Thank you, Mr. President and Members of the Senate. I don't see anything wrong with this amendment. By adding the words ''educational or instructional purposes', that just about covers about everythin: the school does anyway. And I donft -- the cost factor on this is very modest. I can't see where this could run into any big dollarsy bue would prevent some very unusual films from being shown, at least bring attention ta the matter. So, don't see where this is a big deal, and I1m favoring the amendment.

Eurther discussion? Senator Berman.

Question of the sponsor.

Sponsor indicates she will yield. Senator Berman.

Senator Macdonald, the key to this amendment is the words ''produced and distributed solely for educational or instructional purposes.l' How -- if I'm a teacher, hoW do I determine if a movie fits that descriptlon?

Senator Macdonald.

If a movie has been produced by the moving pieture industry for entertainment commereial entertainment, Senator, that is not instructkonal material. Now, that doesn't mean that it could not 29  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 be used kn the classroom. I am not saying that. I am only saying that where those movies are used, that the parents be notified that the movie is going to be shown, that any movie that is that -- that has been produced for entertainment by the moving picture industry. This is their lanquaqe. This is what they suggested to remove their objections, and they -- then the notification is given. It is not required, as the bill formerly did, that the parents had to send a note whether or not they wanted It is now, only it is objectionable, they send a note to have their child not participate in that particular program .

Senator Berman.

Thank you. May I suqgest, and I thlnk very important for each of us to pay attention to this amendment would suqgest, Senator Xacdonald, every year literally tens if not hundreds of thousands of students are taken on field trips to the Museum of Science and Industry in Chicagc and the. eField Museum in Chicago. As part of those toursy there are motion pictures shown. They would fit your deseription of commercially-distributed, because there is a charge for adults to see those. Nok, for example, the Museum of Science and Industry has a program, The World About Us, which is a wonderful pictorial scene. It's 360 degree filming. Adults pay. School tours see that program they don't pay. Under your bill, every child that would go to the Museum of Science and Industry would have to get prior approval from their parent because that film is commercially produced . And read to you, it says, ''if is not produced solely for educational or instruction purposesz'' then you need prior written notification. ?ou are imposing a terrible burden on the schools, and you're denyin: the opportunity for children to see goody educational, 30  STATE OF ILLIHOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 3Qth Legislative Day May 2l, 1991 infaraative fïlms. 1 know what you want to try to do, but I think youdve gone too Ear in this language. And the movie industry doesn 't understand What this language really does. I think -- I think has to be defeated.

Further discussion? Senator Jacobs.

Thank you, Mr. Presldenty Ladies and Gentlemen of the Senate. Will the sponsor yield for a question?

Sponsor indicates she Will yield, Senator Jacobs.

Senator Macdonald, I have to eoncur with what Mr. Berman Senator Berman has just said. But 1et me ask you, in the case of a documentary, let's assume that we have a firearm safety film : or we have a film on World War I or World War 11 which are strictly documentaries, but are not produced solely for educational or instructional purposes - would they be able to view those films without parental permission?

Senator Macdonald.

In my opinion, no, Senator Jacobs. Those would be considered Where they are documentaries, safety films and so forth. Now, what -- what the intent of the moving picture industry was, in developing this amendment, was to say that where the pictures are for -- *he -- the vieWing is for entertainment -- now, I -- I have to respond also to What you said about Senator Berman's request. Parents already have to give permission to go on field trips. Also, these other movies are not commercially produced for entertainment. And and that is there is a fine distincticn there. 31  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 1991

Senator Jacobs.

Thank you. Well, Senator, I think that, you knowr what you're trying to do is fine, but, you know, the way I look at this, even sex education films that are promoted strictly produced strictly for educational or instructional purposes would be automatic under this legislation, as I see it, and there's a 1ot of people who have concerns with that. think that Senator Berman hit it right on the head. I think you could do exactly what you're trying to do with this amendment if you would knock out lines 5, 6, 7 and 8, and just go with the part of the paragraph that says 'Ino unemancipated minor shall be required to view any movie if a parent or guardian files a written objection to the minorfs participation.'' I think that does it all. And I don't see the need for the first part of that paragraph, and think we should vote No because of that.

Further discussion? Now that Senator Jacobs has concluded, WAND-TV has requested permission to shoot some video. Is leave granted? Leave is granted. Further diseussion? Senator Fawell.

Thank you very much. Senator -- will the Senator yield for a question?

Senator Macdonald indicates she will yield. Why don't you walk over and ask her? Yes.

Just being polite.

I understand.

STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 30tb Legislative Day May 21, 1991 Senator, When We talk about movies for instance, there is a -- a commercial film, such as Hamlet' which I viewed in my living room not too may weeks ago - what you are basically saying is, if they want to see Hamlet -- show Hamlet in the school, all they Would really have to do is just send home a note in effect saying, 'îWe are going to see Hamlet during the next English period.'' And if a parent would object, they would in turn have to write back and sayy d'We object and We don't Want our child to see this.'

Senator Macdonald.

That's exactly right, Senator Fawell. That's a11 this amendment does.

And -- and when we are talking about, for instance: material that we might see on Channel 11 in Chicago, PBS: Which ls not a commercial station, Civil War that was reeently shown, that is not included this amendment, am I correct? We are not talking about that kind of material---

Senator Macdonald.

If -- if this film if this film was produced fcr entertainment purposes for moving -- moving picture theaters, for commercial entertainment, then it Would be included.

Senator Fawell.

I happen to know a 1ot of the teachers noW do tape material from Channel l1, which is instructional - that's What the purpose of that particular station is. And one other thing, there is nothlng in this amendment that mandates that an advisory committee 33  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 must even be set up . Is that correct?

Senator Macdonald.

Thatfs correct.

Senator Fawell.

To the amendment then: I -- you know, I think this has -- has improved the bill considerably. I think it has cleared up some of the ambiguities that were of concern to a number of my people, and I would suggest we adopt the amendment.

Further discussion on Amendment No. 2? Senator Macdonald, to close.

Yes. I Would just suggest that the way we have changed this bill as dramatically as we havez both by the committee amendment and by the ensuing amendment, the Floor amendment, I Would say that this bill now removes the objections and -- and I will be# T understandy getting a letter of support from the moving picture industry who feel that this is a fair and logical Way to go With the what could have been called censorship and might have been struck down as unconstitutional. And, secondly, We make it much more simple for parents to view the materials in the schools, and I think that met two of *he major objections thaE we heard ln committee. So# I urge your support for this amendment.

Senator Macdonald has moved the adoption of Amendment No. 2 to Senate Bill 520. A roll call has been requested. Those in favor of the amendment will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have a1l voted who 34  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkskative Day May 21, 1991 wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 23 Ayes, 29 Nays and Amendment No. fails. Further amendments?

Amendment No. 3 offered by Senator Welch.

Senator Weleh, on Amendment No. 3.

Thank you, Mr. President. Amendaent No. 3 removes the provisions of the bill that deal With the curriculum oversight committee. The curriculum oversiqht committee consists of teachers, parents and school board members that decides what textbooks should be used by the school. What the bill does is mandate that each school set up a committee and who the members are. This amendment will change that. And the reason is that each year school boards continue the tradition of local control by working with administrakors and teachers to determine which eurrieulum and books to offer which are in the best interest of school ehàldren and their ability to learn. Communities that don't like the curriculum or don't like the textbooks beinî offered already have a remedy that's available to them other than an oversight committee. That remedy is appearing at sehool board meetings and running for the sehool board itself. The amendment is supported by the Illinois Education Association. I'd be glad to answer any questions.

Senator Welch has moved the adoption of Amendment No. to Senate 3i1l 520. Discussion? Senator Macdonald.

Xes, Mr. President. Senator Welch, I think there is some misunderstandin: here. Thece is no mandating for these committees to be set up, and this merely says that wherever the -- the local 35  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 administration set up these committees, that one-third of those committees shall be parents. So that -- that does f1y in confliet with your description of what this amendment does. So, I Would resist this amendment and say that it is certalnly contrary to the whole thrust of this bill. And I would like to also say that there was a radio show that was held, and for eight hours they took testimony -- or they took telephone calls asking parents or asking the public whether they thought that parents should be involved in the curriculum . That eight hours of questioning or six hours - Whatever it Was, showed ninety percent of the listening audience - I think it was WLS 8.90 - and the first hour when they even mentioned specifically this bill, it was twenty to one in favor of havlng parents be involved with expressing opinions. And we are only requiring one-third. This is not a predominant or a -- a deciding factor. One-third parents certainly is not fifty percent of fifty-one percent. So, urge you to oppose this amendment and defeat it, because it, in fact, really is the essence of this bill.

Further discussion? Senator Geo-Karis.

Wilk the sponsor yield for a question? PRESIDENT R0CK: Indicates he <sic> will yieldy Senator Geo-Raris.

Senator, you heard Senator Macdonald say that the only that they will have the advisory committee is if there -- there is one. Am T correct?

Senator Welch.

That's correct. I misstated the requirement. 36  STATE OF ILLINOIS 87*: GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l# 1991

Senator Geo-Raris.

Then, Mr. President and Ladies and Gentlemen of the Senate, rise to speak against this amendment. think we should let this bill go on its course and 1et the people decide in the Senate, because wefve had a lot of feedback on it. I don't think this amendment will do anything, because as Senator Macdonald stated earlier and Senator Welch aeknowledgedy itls only if there is an advisory committee made by the school board. So, let's go on with the show and letls defeat this amendment. PRESIDENT ROCK) Further discussion? Senator Watson: for what purpose do you arise, sir?

Yes, thank you, Mr. President. A point of personal privileqe.

State your point, please.

Mr. President, in the Republican side in the gallery we have a group school group from my district, Shiloh School from St. Clair County with Don Frailey and several students from the from the school. I'd like to welcome them to Springfield.

Will our guests please stand to be recognized. Weleome to Sprinqfàeld. All right. Senator Welch has moved the adoption of Amendment No. 3. Further diseussion? Senator Hudson.

Thank you, Mr. President. Try to make it brief. rise in opposition to Senator Welchds amendment. 1 cannot, for the life of me, understand the relucfance on behalf of some of our Members to see some additional input from the parents of the school 37  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 children who are, in some cases, well -- to see these parents have a chance to have some input as to what is going on in the schools. Some years ago, we in Hinsdale underwent a very bitter experience revolving around this very thing. Some of us were asking that, please, listen to some of our parents as eo some of the programs that Were appearing in our sehools, and we got shut out. mean by the board; I mean by the administrators and so forth, because we were busybodles that really had no business Whatsoever as to What was going on in our schools. And I think the bottom line here - and a1l Senator Maedonald is trying to say is - in a modest wayy please 1et the parents have something -- some insights and something to say about What is taking place in the classroom. It seems to me to be reasonable: something that we a11 ought to be able to support. And I would urge the defeat of Senator Welch 's amendment, and the passage of Senator Macdonald's bill.

Further discussion? Senator Keats.

I also rise in opposition to the .Lamendment. The first one obviously being I do not understand why we don't want parents involved in the school system they pay for. If you want to know What will cause the growth of the private system and :et those kids out of the publie system, you just keep shutting those parents out, and I guarantee you, you Will get them out of the public system. Butz more importantly, let me raise an issue of greater signlficanee. I don't care if you're for or against Ehe bill. The issue is not whether you're for or against the bill. The issue is it is Senator Macdonald's bill. She doesnft want the amendment. If you don't like the bill: vote it -- against If Senator Welch would commit to us that if this amendment goes on, he will support the bill, well, then maybe we should consider it. But if you're simply offering amendments to mangle a bill that you 38 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY ' REGULAR SESSION SEHATE TRANSCRIPT 30th Legislative Day May 2l, 1991 i wouldn't vote for in under any circumstances anyway, that's unfair. Why not allow the Senate sponsor to have her bill in the shape she'd like; and, if you don't like it: vote No. But don't mangle the bill with amendments that then take away the thrust of What that individual Legislator is trying to do. So, I rise in opposition to the amendment; first, because parents should be allowed, and second, the Senate sponsor ought to have a right to have her bill in whatever shape she wants. And if you don't like it# vote No. PRESIDENT ROCK: Purther discussion? Further discussion? Senator Welch, to close, on Amendment No. 3. SENATOR WELCH: Thank you, Mr. President. The gist of the last two speaker's arguments is that, if we don't pass this bill parents Will be shut out of schools. Wellr I don't know what school you folks have been going toy but in my school 1 happen to be in contact with the schaol board and the teachers a lot. They're people Who live in our community. I see them a1l the time. They are always ready to talk to me and any other parent who has a kid in that school. To say that we have to have this bill so parents are invokved either shows that the parents aren't shoWing up at school boards or aren't talkinq to their teachers. School boards are elected. They're not foisted upon us by a foreign qovernment. A11 you gotta do is show up at the school board meetings. These are people who are professionals. If youdre saying that you want to chanqe a1l of the textbooks because you think you have a better ideaz well maybe we should talk to the professionals and 1et them have their opinion. That's why We hired them. That's why they got training. And that's Why theydre running the schools. To say that parents aren't involved if this bill doesnft pass is absolutely ridiculous. Parents are involved if they'd just get 39  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 ; out there and get involved themselves. I Would move for adoption of the amendment.

Question isy the adoption of Amendment No. 3 to Senate Bill 520. Those in favor will vote Aye. Opposed will vcte Nay, and the voting is open. Have a1l voted who wish? Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. 0n that questian, there are 27 Ayes, 30 Nays: and Amendment No. 3 fails. Further amendments?

No further amendments.

3rd Reading. 544. Senator Maitland. 586. Senator Savickas. 588. Senator Raica. 595. Senator Raica. 673. Senator Colkins. 702. Senator Jones. Read the bill, Madam Secretary. Ladies and Gentlemen, wefre at the top of Page 8. On the Order of Senate Bills 2nd Reading is found Senate Bill 702. Read the bill, Madam Secretary, please. SECRETARY HAWKER : . Senate Bill 702. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and Licensed Activitkes offers Committee Amendment No . 1.

Senator Jones, on Committee Amendment No. 1.

Thank you, Mr. President and Members of the Senate. Amendment No. 1 provides for a one-year extension for the Insurance Code, the Articles which will Sunset on December 31st of this year, and I move its adoption.

Senator Jones has moved the adoptkon of Committee Amendment 40  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 No. 1 to Senate Bill 702. Discussion? If not, a1l in favor indlcate by saying Aye. All opposed. The Ayes have The amendment's adopted. Further amendments?

No further committee amendments.

Any amendments from the Floor?

Senators Madigan and Philip offer Amendment No. 2.

Senator Madigan.

Thank you, Mr. President. Amendment No. 2 is offered to correct what we feel is an error on the part of the previous amendment, and feel that a one-year extension is simply not adequate and that we're offering a ten-year extension of the Insurance Code. So far this yearz in the Session, We have not had any bills that deal with revising any of the Articles -- any of the fourteen Articles of the Insurance Code, which indicates to me that we don't have any major problems with this Code as it stands today. If there is a problem, think we ought to offer a bill to correct whatever problems there are. While we may not totally agree that a ten-year extension is necessary, we certainly don't agree that a one-year extension is adequate. And that's basically where we're coming from on this amendment, and be glad to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Madigan has moved the adoption of Amendment No. 2 to Senate Bill 702. Is there discussion? Senator Rock.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in strong opposition to this amendment, and have 41  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21# 1991 discussed this at some length Wlth Senator Philip, and I would ask the Gentleman to eonsider withdrawing The fact of the matter is, the Insurance Code sunsets this year. That is to say the Assembly is directed to revisit al1 the provislons cf the Insurance Code. And what Senator Jones has rightly suggested, by virtue of Amendment No. 1, is that this is a partieularly busy year. With the budgetary problems and the specter of reapportionment hanging over al1 our heads, this is not the time to indulqe in academie exercises about whether or not the Illinois Insurance Code ought to be revisited. So, he has wisely said wedll put it off for one more year. But to take it out of the hands of the General Assembly and say it's not going to be revisited until ten years from now. I dare say neither Senator Jones nor you nor I will be around to visit it. don't know why you want to extend out ten years, and ask you to reconsider. And if indeed you pursue it, I would urge a No vote on Amendment No. 2.

PKESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator -- Senator -- Senator Madigan.

Well, don't know that I -- thank you, Mr. President. don't know that I disagree With the previous speaker on that. However, we do have a proeess where we can introduce a bill to correct any flaws. And I again reiterate that no bills were introduced this Session in this Chamber dealing with revislng the Code. So -- and, yes, we do have a lot of things to do khis Session. Certainly, a lot of thinqs to do. And I don'e know why we have to say that one year -- and do al1 of this Work during that one-year period of time, is something that we ought to be dealing with. Perhaps, as I said, perhaps ten years is too long, but we don't feel just simply don't feel that one year will give us an adequate time, with everything else that wedve got to 42  STATE 0F ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2ly 1991 do, to deal with this total rewrite or a proposed total rewrite of the Insurance Code. And -- and I would ask for --

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

yes. I rise in strong opposition to this amendment. As I indicated to the Minority Spokesperson when we discussed this issue? the Insurance Code do sunset at the end of this year. This one year extension will give us ample time as a committee and as a Body to look at the Insurance Code, to see whether changes are necessary. And if we decide, after we hold those hearings, we want to give them additional timey we can do it. But to come in and give a blanket ten-year extension with no hearings -- the Insuranee Committee, as Well as the House, want to hold public hearings to have input from the public; input from the Members of this Body. So, urge rejection of the amendment to Senate Bill 702.

PRESIDING OPFICER: (SENATOR DEMUZIO) Al1 rigbt. Further diseussion? Senator Collins.

Yes. Thank youy Mr. President and Members of the Senate. too, rise in very stronq opposition to this amendment. If you al1 recall two years ago we passed mandatory liability insurance, which made the insuranee industry in this State really kind of a quasi-utility. And for that reason, to talk about now not having any rules or resulations for another ten years, I think thatfs just irresponsible and unfair to the citizens of this State. Which we -- what we -- what Senator Jones has doney as Senator Roek said, I think has provided ample time for us to delay this whole process so that we'll have -- deal with the critical issues at hand this year and ke will have time to -- to work on those changes and to review the whole system of regulations to see what 43  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 3:th Legislative Day May 2l, 1991 it is that we need to dc to protect the citizens of this State. To ask for a ten-year extension is absolutely ridiculous, and we most certainly should not allow it to happen. PRESIDING OFFTCERJ (SENATOR DEMUZIO) Al1 right. Further dlscussion? not, Senator Madigan may close.

Thank you, Mr. President. Just before I close, Would like to correct the previous speaker in that the insurance industry did not propose mandatory auto insurance. That Was something that the insurance industry should not be given the credit for. We had another bill here a little bit tbat's on the Calendar that the sponsor of this bill chose ko extend the sunset on that bill from another ten years when, in fact: tbe expiration of the sunset date was in 1993 - something that we didn't even have to deal With at atl. So, in closing, I would just ask for adoption of this amendment and also request a roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Madigan has moved the adoption of Amendment No . 2 to Senate Bill 702. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who Wish? Have all voted who wlsh? Have all voted who Wish? Take the record. 0n that question: the Ayes are 27# the Nays are 29, l voting Present. Amendment No. 2 fails. Further amendments?

No further amendments.

PRESIDING OPPICER: (SENATOR DEMUZIO) 3rd Reading. Senator de1 Valle. On the Order of -- a11 right. 716. Senator Marovitz. 720. Senator de1 Valle. 725. Senator Berman. On the Order of Senate Bills 2nd Reading is Senate Bill 725, Madam Secretary.

44  STATE OE ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 2l, 1991 Senate Bill 725. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OPFICER: (SENATOR DEMUZIO) Any amendments from the Ploor?

Senator Berman offers Amendment No.

PRESIDING OPPICER: (SENATOR DERUZIO) Senator Berman.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill deals With the State Urban Education Fartnership Grants. In committee questions were raised as to expanding the definition and being more specific as to the types of school districts that would qualify and thak's what Amendment No. l does. I move the adoption of Amendment No. 1 to Senate Bill 725.

PRESIDING OPFICER: (SENATOR DEMUZIO) All right. .senator Berman has moved the adoption of Amendment No. l to Senate Bill 725. Discussion? If not, those in favor will indieate by saying Aye. Opposed, Nay. The Ayes have Amendment No. is adopted. Further amendments? SECRETARY HAWKER) No further amendments. PRESTDING OFFICERZ (SENATOR DEMUZIO) 3rd Reading. 726. Senator Berman. 746. Senator Colllns. 750. Senator Joyce. 764. Senator Marovitz. Page 8. 776. Senator Jones. On the Order of Senate Bills 2nd Reading, bottom of Page 8, Senate Bill 7-7-6. Madam Secretary, please.

Senate Bill 776. (Secretary reads title of bill) 45  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Ploor?

Senator Jones offers Amendment No. 1.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Yeah. Thank youe Mr. President and Members of the Senate. Amendment No. 1 is merely technical and I move its adoption. PRESIDING OFFICER) (SENATOR DEMUZIO) Senator Jones has moved the adoption of Amendment No . to Senate Bill 7-7-6. Discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. is adopted. Further amendments?

Amendment No. 2 offered by Senator Jones.

PRESIDING OEFICER: (SENATOR DEMUZIO) Senator Jones.

Leave Lo withdraw No. 2.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Jones seeks leave to withdraw No. Leave is granted. Amendment No. 2 is withdrawn. Further amendments?

Amendment No. 2 offered by Senator Jones.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones.

Amendment No. 2 allows the appointment of board members by the Governor upon advise and consent of the Senatey and I move its 46  STATE 0P ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 3Gtb Legislative Day May 21, 1991 adoption.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones bas moved the adoption of Amendment No. 2 to Senate Bill 7-7-6. Discussion? If not, those in favor will indicate by saying Aye. Opposed Nay. The Ayes have Amendment No. is adopted. Further amendments?

Amendment No. 3 offered by Senator Madigan.

PRESIDING OPFICER: (GENATOR DEMUZIO) Senator Madigan.

Thank your Mr. President. Amendment No. 3 changes the sunset date from the year 2002 to 1992: as apparently the mood of the Chambers is to only have a one-year extension on this, rather than a ten-year extension. So, I would ask for its adoption.

PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Senator Madigan has moved the adoption of Amendment No. 3 to Senate Bill 7-7-6. Is there diseussion? Senator Jones. SENATOR JONES) Well, you know, it -- it's qetting to silly time now, you know, but this is rather ridieulous. And 1 have the utmost respect for the Minority Spokesperson on the Insurance Committee, but tbis amendment is more or less an attempt to gut the bill, and I -- I reeommend that we kill this amendment.

PRESIDING OPFICER: (SENATOR DEMUZIO) Further discussion? If note Senator Madigan may elose.

I would ask for its adoption.

PRESIDING OPFICER: (SENATOR DEMUIIO) Senator Madigan has moved the adoption of Amendment No. 3 to Senate Bill 7-7-6. Those in favor will indicate by saying Aye. Opposedz Nay. In the opinion of the Chair, the Noes have it. 47  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Amendment No. sorry, Amendment No. 3 fails. Furkher amendments?

No further amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Reading. 7-7-8. Senator Jones. Senate Bills 2nd Readinge Senate Bill 7-7-8: Madam Secretary.

Senate Bill 7-7-8. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

No Floor amendments.

PRESIDTNG OFFICER: (SENATOR DEMUZIO) 3rd Reading. 783. Senator Daley. 789. Senator Cullerton. Page 9. 804. Senator Smith. 821. Senator Raica. 823. Senator Daley. On the Order of Senate Bills 2nd Reading is Senate Bill 823, Madam Secretary, please.

Senate Bill 823. (Secretary reads kltle of bi11) 2nd Reading of the bill. The Committee -- Committee -- the Committee on Consumers Affairs offers Committee Amendment No.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Daley.

Thank you, Mr. Presidente Members of the Senate. Committee Amendment No. l slmply -- simplifies the requirements of -- of a displayed warning sign.

PRESIDING OFFICER: (SENATOR DEMUZIO) 48  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Senator Daley has moved the adoption of Committee Amendment No. Is there discussion? If not, those in'favor will indicate by saying Aye. Opposedz Nay. The Ayes have it. Commlttee Amendment No . is adopted. Further commtttee amendments?

No further commietee amendments.

PRESIDING OFPICER: (SENATOR DEMDZIO) Any amendments from the Floor?

Senator Daley offers Amendment No. 2.

PRBSIDING OFFICER: (SENATOR DEMUZIO) Senatar Daley.

Thank you, Mr. President. Amendment No. 2 provides home rule exempeion for ordinances established prior to 7/1/91. This amendment would exempt tobacco eontrol ordinance for Buffalo Grove, Elk Grove: Chicago and Woodridge.

Senator Daley has moved the adoption of Amendment No. 2 to Senate Bill 823. All in favor, indicate by saying Aye. A11 opposed. The Ayes have The amendmentls adopted. Purther amendments? SECRETARX HAWKER) Amendment No. 3 offered by Senator Daley .

Senator Daley, on Amendment No. 3.

Amendment -- Thank youy Mr. President. Amendment No. 3 states that no person shall be disciplined or discharqed for selling tobacco products or aeeessories to anyone who provides adequate identification providin: his or her age of twenty-one years or older. 49  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Le:islative Day 8a# 1991

Senator Daley has moved the adoption of Amendment No. Itls Senate Bill 823. A11 favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

Amendment No. 4 offered by Senator Daley.

Senator Daley, on Amendment No. 4.

Thank you, Mr. President. Amendment No. 4 allows tobacco produet saaples or coupons to be distributed at any couney fair or festival provided that proper identification is is presented providing tbat the person is eighteen years or older.

Senator Daley has moved the adoption of Amendment No. 4 to Senate Bill 823. Discussion? lf not, a11 in favor: indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Purther amendments?

Amendment No. 5 offered by Senators Jacobs and Luft.

Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 5 strietly provides technieal changes in Uhe bill. It adds a home rule provislon to establish consistent public policy on the subject matter throuqhout the State, grandfathers in any existing ordinanees and ehe preemptive provision is modeled after the one contained in the Clean Indoor Ack. And ask for its approval.

50  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslative Day May 2l# 1991 Senator Jaeobs has moved the adoption of Amendment No. 5 to Senate Bill 823. Discussion? Senator Daley.

l Thank youy Mr. President. stand in objection to this amendment. One of my concerns is, in the amendment is a -- deals With -- the main concern is the ability for minors to purchase tobacco products. I believe it's in the bill -- in this amendment that they can obtain them at work sites. Howevery believe that the Senator -- Senator Jacobs will try to work that out later on. But -- do stand in objection to this amendment, because I believe we addressed in it a previous amendment, Amendment No. 2.

All right. Further discussion? Further discussion? Senator Jacobs has moved the adoption of Amendment No. 5 to Senate Bill 823. Further discussion? If not, all in favor, indicate by sayin: Aye. All opposed. The Ayes have The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 833. Senator Jacobs. Top of Page 9. 863. Senator Savickas. 886. Senator Smith. END OF TAPE TAPE 2

Read the bill, Madam Secretary, please. Wedre in the middle of Page 9, Ladies and Gentlemen. On the Order of Senate Bills 2nd Readins is found Senate Bill 8-8-6. Read the bill, please. 51  STATE OF ILLINOIS 87th GENCRAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day MaY 1991

Senate Bill 8-8-6. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

No Floor amendments.

3rd Reading. 8-8-7. Senator Smith. Read the bill, Madam Seeretary, please.

Senate Bill 8-8-7. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Ploor?

No Floor amendments.

3rd Reading. 8-8-8. Senator Smith. Read the billz please.

Senate Bill 8-8-8. (Secretary reads tltle of bill) 2nd Readin: of the bill. No committee amendments.

Any amendments from the Floor?

No Floor amendments.

3rd Reading. 8-8-9. senator Holmbers. 8-9-4. Senator Schaffer. Read the bill, Madam Secretary, please.  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2lz 1991

senate Bill 8-9-4. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendment: from the Ploor?

No Floor amendments.

3rd Reading. 9-4-6. Senator Welch. Read the bill, Madam Secretary, please.

Senate Bill 9-4-6. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Energy and Environment offers Committee Amendment No.

Senator Welche on Committee Amendment No.

I would move to Table Committee Amendment No. 1.

Gentleman has moved to Table Committee Amendment No. to Senate Bill 9-4-6. Discussion on the Motion to Table? If not, al1 in favor of the motion, indicate by saying Aye. A11 opposed. The Ayes have The motion earries, and Committee Amendment No. l is Tabled. Are there further amendments?

No further committee amendments.

Any amendments from the Floor?

Senator Welch offers Amendment No. 53  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslative Day May 2l# 1991

Senator Welch: on Amendment No. 2.

Thank you, Mr. President. This is an amendment recommended by the Department of Publie Health. It deletes exposure level and management plan cost, as requirements for the removal af asbestos in schools. It also allows school boards to remove asbestos if it is determlned to be in the best interest of the school and the community . I would move for adoption of the amendment.

Senator Welch has moved the adoption of Amendment No . 2 to Senate Bill 946. Discussion? If not, al1 in favory indieate by saying Aye. All opposed. The Ayes have it. The amendmentfs adopted. Pureher amendments?

No further amendments.

3rd Reading. 948. Senator Welch. Page Ladies and Gentlemen. Top of Page .10. Direct your attention to the top of Paqe l0. 976. Senator del Valle. On the Order of Senate Bills 2nd Readinq, top of Page 10 is Senate Bill 976. Read the bill, please. SECRETARY HAWKER) Senate Bill 9-7-6. (Secretary reads title of bill) 2nd Reading of the bill. The Commltkee on Judiciary I offers Committee Amendment No. 1.

Senator del Valley on Committee Amendment No. 1. SENATOR dEL VALLE: I move to Table Committee Amendment No.

54  STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 1991 Gentleman has moved to Table Committee Amendment No. 1 to Senate Bil1 976. Discussion? If not, al1 in favor, indieate by saying Aye. A1l opposed. The Ayes have it. The motion carries. Commkttee Amendment No. l is Tabled . Further amendments?

No further committee amendments. PRESIDENT R00K: Are there amendments from the Floor?

Senator de1 Valle offers Amendment No. 2.

Senator de1 Valle, on Amendment No. 2. SENATOR dEL VALLE: Thank you, Mr. President. Floor Amendment No. 2 spells out the languaqe to be used on the Wage assignment forms and also includes other provisions.

Senator de1 Valle has moved the adoption of Amendment No. 2 to Senate Bill 976. Discussion? If notr all in favor, indicate by sayin: Aye. A11 opposed. The Ayes have it. The amendment's adopted . Purther amendments?

No further amendments.

3rd Reading. 978. Senator del Valle. Read the bill, Madam Secretary, please.

Senate Bill 9-7-8. (Secretary reads title of bill) 2nd Reading of the bill. Tbe Coamittee on Consumer Affairs offers Committee Amendment No. 1.

55  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day Ma# 1991 Senator de1 Valle, on Commitkee Amendment No. 1. SENATOR dEL VALLE: Thank you, Mr. President. I move to Table Committee Amendment No. 1.

Gentleman has moved to Table Committee Amendment No. 1 to Senate Bill 978. A11 in favor of the Motion to Table, indieate by saying Aye. A11 opposed. The Ayes have it. The motion carries. Committee Amendment No. is Tabled. Are there further amendments?

No further committee amendments.

Any amendments from tbe Ploor?

No Ploor amendments.

3rd Reading. 9-9-3. Senator Dunn. Read the bill, Madam Secretary, please.

Senate Bill 9-9-3. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

No Ploor amendments.

3rd Reading. 1002. Senator Carroll. Read the bill, Madam Secretary, please.

Senate Bill 1002. 56  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21. 1991 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government Orqanizaeion and Administration offers Committee Amendment No.

Senator Carroll, on Committee Amendmene No.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Committee Amendment No. l is at the request of both :he Department of Central Management Services and the Office of the Comptroller. It ehanges the directions for developing rules from Central Management Service to the Office of the Comptroller at the request of both: and makes some definitional adjustments as well so that there can be specific references to the various components of Wbat are good services, when is a bill due and owing, et cetera. And I Would move adoption of Committee Amendment No.

Senator Carroll has moved the adoption of Committee Amendment No. 1 to Senate Bill 1002. Discussion? not, all favor, indicate by saying Aye. A11 opposed . The Ayes have it. The amendment's adopted. Further amendments?

No further committee amendments.

Any amendments from the Floor?

Senator Carroll offers Amendment No. 2.

Senator Carroll, on Amendment No.

Thank youy Mr. President, Ladies and Gentlemen of the Senate. Againy at the request of the Office of the Comptroller, it was determined that the interest payment was twenty-five under 57  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30tb Legislative Day May 2l, 1991 twenty-five dollars, the cost of processing was greater than the value to the person receiving the check. So that they ask that if it's under twenty-five dollars it would not be automaticz but had to be requested. I would move adoption of Floor Amendment No.

Gentleman has moved the adoption of Amendment No. 2 to Senate Bill 1002. Discussion? If not, al1 in favor, indicate by saying Aye. Al1 opposed. The Ayes have The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 38. Senator Smith. 1051. Senator Cullerton. Read the bill, Madam Secretary, please.

Senate Bill 1051. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judieiary offers Committee Amendment No. 1.

Senator Cullerton, on Committee Amendment No . 1.

Mr. President, I'd like -- wish to Table Committee Amendment No. 1.

Gentleman has moved to Table Committee Amendment No. *o Senate Bill 1051. Discussion on the Motion to Table? If notg all in favor, indicate by sayin: Aye. A1l opposed. The Ayes have The motion carries. Amendment No. l is Tabled. Are there further amendments?

No further committee amendments. 58  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 2l: 1991

Amendments from the Floor?

Senator Cullerton offers Amendment No. 2.

Senator Cullerton, on Amendment No.

Yes. Thank you, Mr. President. This is a -- amendment that's come as a result of negotiations with the utilities and the -- and the Realtors. The bill deals with the situation when a landlord doesn't pay their utility bill and it results that the tenant is left without any utility service. So what the bill now does that the -- establishes that the termination of utility service by the landlord is unlawful. It extends the notice period from five days to ten days that the -- that the landlord must give the tenant -- or the utility company gives the tenant to 1et them kncw that -- that the service is going to be cut off. Gives the utility company the option of seeking a receiver of rents for payment! and . if the prevention efforts fail, it provides for certain penalties in favor of the tenants to be assessed against a landlord. And again, as I indicated, this Was aqreed to by the representatives of the -- of the Realtors. So I move for its adoption, be happy to answer any questions. PRESIDENT ROCK; ... tmachine cutoffl... Senator Cullerton has moved the adoption of Amendment No. 2 to Senate Bill 1051. Discussion? not, a11 in favorr indicate by saying Aye. A1l opposed . The Ayes have it. The amendment's adopted. Further amendments?

Amendment No. 3 offered by Senator Cullerton.

Senator Cullerton, on Amendment No. 3. 59  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 3Qth Legislative Day May 2l, 1991 SENATOR CULLERTON: Mr. President: apparently Amendment No. was the one that Amendment No. 3 is the one I wish to adopty and I believe I just adopted Amendment No. 2. So perhaps I should move to Table No. 3 -- I'm sorry: Table No. 2 and adopt No. 3. PRESIDENT ROCK: All right. The Gentleman, having voted on the prevailing side, has moved to reconsider *he vote by which Amendment No. 2 to Senate Bill 1051 was adopted. A1l in favor of the Motion to Reconsider, indicate by saying Aye. A1l opposed. The Ayes have it. The vote is now reconsidered. Senator Cullerton noW moves to Table Amendment No. 2 to Senate Bill 1051. A1l favor of the Motion to Table: indieate by sayin: Aye. A1l opposed. The Ayes have it. Mction carries. Amendment No. 2 is Tabled. Further amendments? SECRETARX HAWKER: Amendment No. 3 offered by Senator Cullerton. PRESIDENT ROCK: Senator Cullertone on Amendment No. SENATOR CULLERTON: Yes. Amendment No. 3 is the one that I just explainedw and wish to adopt Amendment No. PRESIDENT ROCK: Gentleman has moved the adoptton of Amendment No. 3 to Senate Bill 1051. Discussion? If not, a1l in favor, indicate by saying Aye. All opposed. The Ayes have The amendmentls adopted. Purther amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCK: 3rd Readlng. 1053. Senator Cullerton. Read khe bill, Madam Secretary, please. 60 K  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRIPT 30th Legislative Day May 2l, 1991

Senate Bill 1053. (Seeretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary offers Committee Amendment No. 1.

Senator Cullerton, on Committee Amendment No. 1.

Move to Table Committee Amendment No. 1.

Gentleman has moved to Table Pommittee Amendment No . l to Senate Bill 1053. Diseussion? If not, al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The aotion carries. Amendment No. is Tabled. Eurther amendments?

No further committee anendments.

Any amendments from the Ploor?

Senator Cullerton offers Amendment No. 2. PRESIDENT ROCX) Senator Cullerton, on Amendment No. Senator Cullerton.

ïes. I believe that this amendment was proposed, againy as a result of negotiations with utility companies that -- just simply says that nothing in the SecEion affects the relationship betkeen utility company and its customers. I move for the adoption of Amendment No. 2.

Gentleman has moved *he adoption of Amendment No. 2 to Senate Bi1l 1053. Diseussion? All in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further 61  STATZ OP ILLIHOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21# 1991 amendments?

Amendment No. 3 offered by Senator Cullerton.

Senator Cullerton, on Amendment No.

Yes. Thank you, Mr. Presidenk. This amendment also is a result of negotiations With the Legal Assistanee Foundatlon -- as well as the bill, and the Realtors - deals With the situation of shared meters, and what the amendment does - the amendment, in effect, becomes the bill, prohibits the rental of lndividually metered units with service in the tenants name unless the meters measure only the utility service to the individual tenant ar the landlord gives notice to the tenant that the tenant is indeed paying a utility bill that might be for the eommon areas. Also says that if there's a change in the payment of utilities during the term of the lease that there must be sixty days notice of those ehanges, they want ko go from a master meter to an individual meter. And therefs also remedies and penalties if *he landlord is discovered to have violated these provisions. So I would move for the adoptlon of Amendmene No. 3.

Gentleman has moved the adoption of Amendment No. 3. Discussion? Senator Barkhausen. SENATOR BARKHAUSEN . Will the sponsor yield?

Indicates he#ll yield, Senator Barkhausen.

Senator Cullerton, as recall in committee there was -- there Were considerable misgivinqs expressed by both the Realtors and representatives of the various utilities. Is -- is this -- I know 62 j. STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21y 1991 we've already adopted one amendment, but are al1 amendments you fre proposing basically agreed-to amendments by -- by both of those groups? PRESIDENT ROCK: Senator Cullerton. SENATOR CULLERTON: Yes. Amendment No. 2 spectfkcally said that utilities are not involved with this dispute. It's a dispute between the landlord and tenant. And then, as I indieated, Amendment No. 3, khat we dre diseussing right now, worked out with Greg St. Aubin of the Realtors, and they have signed off on this amendment. PRESTDENT ROCKI Senator Barkbausen. SENATOR DARMHADSEN: Does Amendment No. 3 not -- not affect the utilities? Were they a part of any of these discussions, or are they their interest eotally removed from the bill? PRESIDENT ROCK: Senator Cullerton. SENATOR CULLERTON: With khe adoption Amendment No. 2 theydre -- they're totally removed from the bill, and -- this only affeets landlord-tenant relationships. PRESIDENT ROCK: Purther diseussion? Senator Demuzio. SENATOR DEMUZIO: I just have a question. Dld I -- did I hear you say that you have to give sixty days notice you dre going to terminate? Does that mean that as a ccnsumer, have to give sixty days notkce to either the landlord or to ehe utility conpany that I to diseontinue my serviee? PRESIDENT ROCK: 63  STATE OF TLLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Senator Cullerton.

No. We're talkinq about a situation where a landlord wants to qo from a master-metered utility service to a individually-metered utility service. In other words, rigbt now, there 's one electric meter for the whole buildingy the landlord wants to break it down into individual meters, so that he can charge the tenants individually. In that situationy there shall be sixty-days notiee given to the effected tenants.

Further discussion? Senator Welch.

Question of the sponsor.

Sponsor indicates hedll yield, Senator Welch.

Senator Cullerkon, this bill still only applies to your large apartment complexes with master metersy doesn't it?

Senator Cullerton.

No. I think that applies to any building Where there's a master meter. If -- and a1l we say is that if there's a master meter that covers more than one unit, that if they want to switeh to an individually metered unit that they shall give notice to the tenants -- sixty days notice.

Further discusslon? Further discussion? not, Senator Cullerton has moved the adoption of Amendment No. 3 to Senate Bill 1053. All in favor: indicate by saying Aye. Opposed, Nay. The Ayes have it. The amendment's adopted. Further amendments?

64  STATE 0F ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 No further amendments.

3rd Reading. 1067. Senator Rea. 1092. Senator D'Areo. 1104. Senator Rarpiel. Read the bill: Madam Secretary, please. Wefre at the bottom of Page l0# Ladies and Gentlemen, on the Order of Senate Bills 2nd Reading is found Senate Bill 1104. Read the bill, please.

Senate Bill 1104. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Ploor?

No Floor amendments.

3rd Reading. 1133. Senator Raica. Top of Page l1. 1144. Senator Maitland. 1150. Senator Cullerton. Tcp of Page Senate Bill 1150. 1167. Senator. Fawell. Senator Fawell. Senator Fawell.

Mr. Presidenty we are Waiting for an amendment that's been agreed to by the banks and the -- and IRMA. I wonder if we could come back to that as soon as it is filed.

Saturday. 1212. Senator Raica. 1220. Senator Severns. Read the bill, Madam Secretarye please.

Senate Bill 1220. (secretary reads title of bill) 2nd Readin: of the bill. No committee amendments.

65  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SEESION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Any amendments from the Ploor?

Senator Severns offers Amendment No.

Senator Severns, on Amendment No. 1.

Thank youe Mr. President and Members of the Senate. Amendment No. 1 simply comes ao a result of the hearings that the Senate Government Organization and Adminiskration Committee had on eeonomic development policy. It merges the High-impact Training Assistance Program and the ITP Program in with the Prairie State 2000 Authority. The dlscussions will continue between Director Grayson and Direetor <sic> Dennis Sienko. And would urge adoption of this amendment.

Senator Severns has moved the adoption of Amendment No. to Senate Bill 1220. Discussion? Senator Friedland.

Tbank you, Mr. President. As minority-spokesman: I -- do ycu have copy or two that We could look at, please?

Indeed. Senator Severns moves the adoption of Amendment No. to Senate Bill 1220. Further discussion? If not, all in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 1231. Senator Marovitz. Middle of Page 1-2-3-1. 1-2-3-5. Senator Jacobs. Read the bill: Madam Secretary' please. Fiscal note has been requestedy and not yet filed. 1274. Senator Watson. 1282. Senator Philip. Read the 66  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 30th Legislative Day May 21, 1991 bill, Madam Secretary, please.

Senate Bill 1282. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

No Ptoor amendments.

3rd Reading. 1284. Senator Geo-Karis. Read the bill, Madam Secretary, please.

Senate Bill 1284. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Geo-Earis offers Amendment No . 1.

Senator Geo-Karis, on Amendment No.

. Mr. President and Ladies and Gentlemen of the Senatez hmendment No. l is an amendment that is supported by the Illinoks Coalition Against Domestlc Violenee' and urge its favorable apprcval.

Senator Geo-Raris has moved the ado/tion of Amendment No. to Senate Bill 1284. Discussion? not, all in favor, indicate by saying Aye. Al1 opposed. The Ayes have i*. The amendment's adopted. Further amendments? 67  STATE OF ILLIHOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991

No further amendments.

Senator Hawkinson, I'm sorry, Eor What purpose do you arise, sir? right. 1285. Senator Watson. 1315. Senator Philip. 1317. Senator Weaver.

Senate Bill 1317. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OPFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

Senator Carroll offers Amendment No. 1.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Carroll. Is Senator Carroll on the Floor? Senatar Weaver, as I recall we were in this same posture yesterday. Senator Carroll on the Ploor? Well, againg why don't we have leave to come .back to 1t. Is leave granted? Leave is granted. Come baek to it next week. 1321. Senator Severns. Top of Page 12. Page l2. 1328. Senator Luft. 1331. Senator Smith. On the Order of Senate Bills 2nd Reading, top of Page 12 is Senate Bill 1331: Madam Secretary, please.

Senate Bill 1331. tsecretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

Senator Smith offers Amendment No. 1. PRESIDING OPFICER: (SENATOR DEMUZIOJ 68  STATE OF ILLINOIS S7*h GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 senator Smith.

Tbank you, Mr. President and Ladies and Gentlemen of the Senate. This amendment to Senate Bill 1331 requires Public Hea1th to use existin: federal funds to support programs currently in operation. Therefore, move for the adoption of this amendment.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senatar Smith has moved the adoption of Amendment No. l to Senate Bill 1331. Is there dlscusslon? If not, those in favor will indicate by saying -- Senator Topinka.

may ask a question of the sponsor, sir.

PRESIDING OFFICER: (SENATOR DEMUZIO) lndicates she Will yield. Senator Topinka.

Does this noW remove Public Health's objection?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator 5m1th.

Yes. It does. PRESIDING OFFICERZ (SENATOR DEMUZIO) Senator Smith has moved the adoption of Amendment No. l to Senaee Bill 1331. Tbose in favor Will indicate by sayinq Aye. Opposed, Nay. The Ayes have it. Amendment No. is adopted. Purther amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1338. Senator Collins. 1349. Senator Joyce. Page 12. 1349. J.J. Joycë. 1352. Senator Holmberg. 54. Senator Holmberg. 1392. Senator Welch. 1403. Senator Joyce. On the Order of Senate Bills 2nd Readingr mlddle of Page 69  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 3Gth Legislatkve Day May 2l, 1991 Senate Bill 1403: Madam Secretary.

Senate Bill 1403. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

No Floor amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Reading. 14û8. Senator Berman. 1424. Senator Raica. 1434. Senator Vadalabene. 1435. Senator Marovitz. 1437. Senator Weleh . 1440. Senator Dunn. 1454. Luft. 1459. Marovitz. Bottom of Paqe 12. On the Order of Senate Bills 2nd Reading, bottom of Page 12: Senate 3i11 1459, Madam Secretary.

Senate Bill 1459. (Secretary reads title of bi1l) 2nd Reading of the bill. The Committee on Judiciary 11 offers Committee Amendment No.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Mr. President: I would move to Table Committee Amendment No. 1.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Marovlkz moves to Table Committee Amendment No. to Senate Bi11 1459. Is there discussion? If not, those in -- kndicate Aye -- saying Aye. Those opposed, Nay. The Ayes have it. Committee Amendment No. is Tabled. Further committee amendments? SECRETARV HA@K2R2 70  STATE OF ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 No fureher committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Ekoor?

Senator Marovitz offers Amendment No. 2.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

Thank you very muchz Mr. President. Amendment No. 2 incorporates Amendment No. 1, which you just Tabled, Which is teehnlcal and takes out certaïn other provisions that Members have come to me and said they wanted to eliminate. eliminates the provision specifically criminalizing possession of a firearm or ammunition on behalf of a person who's ineligible to possess a firearm . It eliminates the provision regarding the requirement to keep records of transfers and the requirement to delinquish the documentation -- to relinquish such documentation to a peaee officer Without warrant or notice. It eliminates the requirement that a person notify 1aw enforcement offkcials Within .tgenty-four hours of the firearm being lost or stolen or destroyed by act of Cod. It eliminates many of the provisions that Members had said to me they thouqht Were not necessary in the legislation.

PRESIDING OFFICER: (SENATOR DEMOZIO) Senator Marovitz has moved the adoption of Amendment No. 1 to Senate Bill 1459 -- sorry -- Amendment No . 2. Is there discussion? not, *hose in favor, indicate by saying Aye . Opposed, Nay . The Ayes have it. Amendment No. 2 is adopted. Eurther amendments?

No further amendments.

PRESIDING OPFICER: (SENATOR DEMUZIO) 3rd Reading. Page 13. 1461. Senator Marovitz. On the Order 71  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 of Senate Bills 2nd Reading, top of Page l3, is Senate Bi11 1461, Madam Secretary.

Senate Bill 1461. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

No Floor amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1462. On tbe Order of Senate Bills 2nd Reading, Senate Bill 1462# Madam Secretary.

Senate Bill 1462. (Secretary reads title of bill) 2nd Reading of Ehe bill. No eommittee amendments. PRESIDING OPFICER; (SENATOR DEMUZIO) Any amendments from the Ploor?

Senator Marovitz offers Amendment No. 1.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. Amendment No. 2 limits the prohibition of -- for persons released on bond from possessing a firearm to only those persons charged with forcible felonies.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Marovitz has moved the adoption of Amendment No. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is 72  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1465. Senator Dunn. 1472. Senator Smith. On the Order of Senate Bills 2nd Reading, Senate Bill 1-4-7-2, Madam Secretary.

Senate Bill 1472. (Secretary reads title of bill) 2nd Reading of tbe bill. No eommittee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

No Ploor amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1473. Senator -- Ilm sorry. Senator Smithw for what purpose do you rise?

I -- I move to Table 1472. want to Table that, please.

PRESIDING OFPICER: (SENATOR DEMSZIO) 1472? Al1 right. Senator Smith has moved to Table Senate B11l 1472. Senator -- those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Senate Bill 1472 is Tabled. All riqht. 3rd Reading. If youdll turn over to Page l9. Back on the Order of 3rd Readkng. Mkddle of Paqe 19. Senator -- I'm sorry. Senator Weaver.

Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Weaver.

73  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 Senator Carroll said that he was wkthdrawkng the amendment to 1317.

PRESIDING OFFICER: (SENATOR DEMDZIO) Well that'll sure speed up the process, Senator Weaver. Before we get to the Order of -- of 3rd Reading, there was leave to qo back, bottom of Page llr to Senate Bill 1317. So With leave of the Body, we will return to that Order of Business. Page l1. Senate Bills 2nd Reading is Senate Bill 1317, Mr. Secreeary.

ACTING SECRETARX: (MR. HARRY) ienate Bkll 1317. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

ACTING SECRETARY: (MR. HARRY) No Floor amendments.

PRESIDING OPFICER: (SENATOR DEMUZIO) 3rd Readinq. Okay. Baek to Page Page 19. 0n the Order of 3rd Reading is Senate Bill 922. Senator Rigney. On the Order of Senate Bills 3rd Reading is Senate Bill 922, Mr. Secretary, read the bill: please.

ACTING SECRETARY: (MR. HARRX) Senate Bill 922. (Secretary reads title of bill) 3rd Reading of the b111.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any -- I'm sorry. Senator Rigney.

Mr. President, there are fifty-seven different provisions State law for backdoor referendums, and the stgnup time fcr those to circulate the petition varies anywhere from ten days up to sixty days. Purthermore, the number of signatures required varkes 74  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2ly 1991 anywhere from five percent up to twenty percent. What we're dcing with SenaLe B1ll 922 is trying to strike a happy medium for all of those various provisions to say that hereafter backdoor referendums kould have a thirty-day signup period on the petitions and the petition requirement would be ten percent of the registered voters.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there dtscussion? Senator Carroll.

Question of the sponsor, if I might, Mr. President.

PRESIDING OFPICZR: (SENATOR DEMUZIO) Sponsor indicates he will yield. Senator Carroll.

Senator Rigney, in going through some of the examples within the legisïative proposal yould actually make it harder for the people to use a backdoor referendum than existing law. Is that correct?

PRESIDING OFPICER: (SENATOR DEKUZIO) Senator Rigney.

senator Carroll, this is a middle of the road, what I call a compromise kind of a position. think it's probably justified when we realiae that such things as a downstate forest preserve districk would have a two and a half percent requirement, thirty days to sign up and then ke look at some of the others that have just a ten-day perlod eo sign up. There just a11 over the lot. The county highway hard road tax is slxty days to eirculate a petition. So it cuts both ways and if youdre going to standardize this thing, I think youfve :ot to come to some kind of a middle of the road position.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll. 75  STATE OF ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 21, 1991

Welly at a time, Senator Rigney, I thlnk when Wedre sayin: that people should be more involved With the kind of taxes they pay, it seems to me that we would not want eo say tbat tbe voters could reject one by petitioning with one percent of the electors, as existing law, for example on airport bonds and youdre now changing it from one percent to five percent. And youlre changing from those who voted in the lase election to all registered voters. So you're like -- youdre doin: like ten to fifteen times the signature requirement juse in that one issue. The same is true in the -- in certainly the other bond issues, and would think that we would want more citizen -- encourage citizen participation, rather than to say to those who pay the taxes, ''Wefre going to make it touqher on you to have your feelings hurt''

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Carroll, that Was not a question. Further discussion? Senator Rigney may close.

Well, Mr. President, I see no justifieation to have fifty-seven different provisions in State 1aw for backdoor referendums. There's no one place you can go and :et a standardized answer for the procedures for backdoor referendums, and I think what I have proposed is a reasonable eompromise. It's a middle of the road position and I think it's high time thae we d:d something of this nature in State law, beeause the Whole situation with backdoor referendums in unbelievably complicated.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 922 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 45, the 76  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 Nays are voting Present. Senate Bill 922, having received the required constitutional majority, is declared passed. 930. Senator Marovitz. 933. Senator Marovitz. 938. Senaeor Leverenz. On the Order of Senate Bills 3rd Reading is Senate B1ll 938: Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRY) Senate Bill 938. (Secretary reads title of bill) 3rd Reaoing of the bill.

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Leverenz.

Thank you, Mr. Prestdentw Members of the Assembly. I would like to present this bill. It would add four Members of the General Assembly to the Capital Development Board, kncreaskng the Board from seven to eleven. Answer any questions you might have, and to ask for your Aye vote.

PRESIDING OFPICER: (SENATOR DEMDZIO) Is there discussion? Senator Pawell. Ladies and Gentlemen, if We -- we could break up the conferences, Wedve got a long was to go today. Senator Fawell.

Senator Leverenz, as a freshman legislator, just want to know you feel that you have to be put on this committee order to -- in order to have this bill passed?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Leverenz.

I Would be very happy to serve and provide oversight to the Capital Development Board, and handle any projects that might be in your distriet.

PRESIDING OFPICER: (SENATOR DEMUZIO) 77  STATE OF ILLINOIS 87th GENERAL ASSENBLY REGULAR SESSION GENATE TRANSCRIPT 3Gth Legislative Day May 1991 Purther diseussion? Senator Donahue.

Senator -- thank you, Mr. President. Sorry, I've got them talking in both ears. I rise in opposition to this legislation and feel very strongly that the Capital Development Board -- don't laugh -- the Capital Development Board should not be a political body. It has some very Eerious business to deal kith and politics should not be interjected ànto that body like it is here on the Floor of the Senate. So I Would rise in opposition.

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

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

PRESIDING OFFICER: (SSNATOR DEMUZIO) Sponsor indicates he will yield. Senator Leverenz, the Gentleman -- Senator Etheredge.

Senator: who wants this bill? What -- what did -- may I ask, what prompted iks introduction?

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Leverenz.

The sponsor: sir.

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Etheredge.

Well, thank you very much. rise in -- in opposition to this btll. I mean, what is being proposed here and I hope everyone takes a very good look at itz is a very significant chanqe in publie policy . Here We have an agency, which is a portion of the executive branch of our State government, and we're proposing that Members of *he Legislature Eit on thks Board . -- 78  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l# 1991 I am not an attorney, as everyone knows, but it seems to me that there are even some constitutional issues that might be raised by this -- by the passage of this bill. I -- I think it is a bad idea: and I would -- urge a No vote.

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

Well I thank khe previous speaker, but to explain, ehere are other states that have the same membership, so it would be nothing new for Illlnois. Inasmuch as this Capital Development Boardy let me explain also What prompted this. thought there Was really no need for the Capital Development Board, and the thought Was to put the whole thing in the Department of Central Management Services, which does a mueh better job than the Board has in the past at building buildings for the Stater relating to the eost per square foot ln construction. To provide some oversight is what this bill does. Serving on the Audit Commission for a few years we found out that it's what's inspected that gets done, not what is what's expected that gets done. And I .would 'eertainly ask for your Aye vote to pass the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 938 pass. Those in favor w1ll vote Aye. Those apposede Nay. The voting is open. Have al1 voted Who wisb? Have a1l voted who wish? Have al1 voted who kish? Have a11 voted who wish? Have al1 -- this -- this is -- Senator D'Arco, thks is his first bill. Have all voted Who Wish? Last eall. Have a11 voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are khe Nays are 29# none voting Present. Senate Bi1l 938, having railed to receive the required constitutional majority, is declared lost. 942. Senator Holmberg. On the Order of Senate Bills 3rd Reading. 944. Senator Dunn. Bottom of Page 79  STATE 0P ILLINOIS 87th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 l9. on the Order of Senate Bills 3rd Reading is Senate Bill 944, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 944. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFEICER: (SENATOR DEMUZIO) senator Thomas Dunn.

Thank youy Mr. President. We eurrently require continuing education for real estate license holders, and in many inskances those cases -- or those classes are taken by attorneys when they go through three years of law sehool. This bill Would exempt attorneys from the continuing education.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discusslon? Senator Keats.

Was everyone tistening to this bill? says a lawyer doesn't have to take the eontinuing education requirements. 1..understdnd the point of whak the speaker is saying in terms -- or the sponsor is saying, in terms of attorneys may have taken these eourses in 1aW school. But remember there are other people wbo would take these course. certain of our universities offer real estate courses, et cetera, Where they are taken as undergraduates community colleqes, universities - lawyers would not be the only group who would have taken some of these eourses. To exclude one group when the other ones coutd have taken the same Courses too, seems unfair. If you want to exempt everyone -- everyone Who 's previously taken these courses, that would be fair, but to exempt one interest group and not a11 interest qroups, does sound to me as perhaps being less than -- less than fair.

PRESIDING OFFICER: (SENATOR DEMUZIO) 80  STATE 0F ILLIROIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Further discussion? If not: Senator Thomas Dunn may close. SENATOR T. DUNN: Welly thank you, Senator Keats, but that would be like you practlcing taking out garbaqe. So I -- I thlnk that, you know, the fact oE the matter is, Senator Keats, that an individual has spent seven years in getting a 1aw degree, and for that individual to have to take the courses that are outlined ln the continuing legal edueation, and to compare that to an individual who has not had that edueation and chose not to bave that education, is really not a fair comparison. To say that that an attorney who has passed the Bar exam' think if youdll check around with some on your -- your fellow legislators you îll find that Senator Barkhausen took the test behind you and didn 't even have to study for the exam and passed it on khe first time. So what we're saying is that these courses are already taken by attorneys, and to require them to put in six or nine hours of -- of continuin: edugation is -- is really a waste of time for that individual. PRESIDINC OFPICER: (SENATOR DEMUZIO) Question is,'. shall Senate Bill 944 pass. Tbose in favor will vote Aye. Those opposed, Nay. Tbe voting is open. Have al1 voted who wish? Have all voted who Wish? Have a11 voted who wish? Have a1l voted who Wish? Take the record. On that question, the Ayes are 35, the Nays are 20, voting Present. Senate Bill 944, having received the required constitutional majority, is declared passed. Paqe 20. 740. Senator Rea. Top of Pase l8. I'm sorry. I beg you pardon. Page 20 -- 10 is 950. Senator Collins. okay . 9-5-G. Mr. Secretary, please. ACTING SECRETARY: (MR. HARRY) Senate Bill 950. (Secretary reads title of bill) 3rd Readin: of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) 81 2  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21 p 1991 Senator Collins.

Thank you. The bill is very simple. It simply requires school boards to develop discipline policies that would prohibit corporal punishment. I Would be happy answer any questions. know of no objections to the bill. If not, I would just request a favorable roll call.

PRESIDING OPPICER: (SENATOR DEMDZIO) Is there discussion? If not, the question is# shall Senate Bill 950 pass. Those in favor -- Well, Ladies and Gentlemen, me just point out, al1 you have to do is turn your light on and you'll be recognlzed. Senator Karpiel.

Well, thank you, Mr. President. I'm afraid that there is same opposition to this bill. If youpll look at your -- your committee report, there were several No votes on this in committee. This takes all, you know, discipline away from the teachers in the schools. It -- I wish I had a copy of the bill here, Which don 't, but it is telling .the .school board -- it sets a school board discipline policy and it says that you cannot cause intentional harm to students. Well, think that's pretty vague. First of all, welre mandatin: that they have a policyz which they probably do anyway. Wedre taking away local control again. And secondlyy this intentional harm and you can't slap a child. What if a teaeher just would go up and sort of knock a kid, and sort of, you know, baekhand a kid ln *he shoulder or somekhinq. Is that -- is that causing intentional harm or ls that just a teacher trying to have discipline and control the students? I just think that this bill goes too far, and lt says you can't do paddling. don't think many people have objection to that; but this slapping students, causing intentional harm, a11 of those kind of phrases, think, are very vague and We don't Want to have to mandate to 82  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 30th Legtslative Day May 2l, 1991 the Echool districts this kind of vague language where they would be opentng themselves: I believey to perhaps a lot of lawsuits. And I Would suggest a No vote. PRESIDING OPFICER: (SENATOR DEMUZIO) Further discussion? Senator Maitland. SENATOR MAITLAND: Well, thank you very muchz Mr. President, Members of the Senate. I agree With -- With the previous speaker. It is -- yesg corporal punishment is permissible in Illinois, but yes, indeed, school districts do allow children, on the request of parents, to be exempt from -- from corporal punishment. This is something that's fundamentally Wrong to do to loeal school distriets. Where do we go from here? Senator Karpiel has indicated the vagueness of the bill that's true - and thatfs What's Wrong with this. Teachers are having a diffieult time now, around this State, maintaining discipline in the classroom and Wedre taking away from the school district the right to maintain discipline in the classroom . Senator Collins may disagree with that, but this is just a first attempt to do that, and I think the bill ought to be defeated. PRESIDIHC OPFICER: (SENATOR DEMUZIO) A11 right. Is there further diseussion? not, Senator Collins may -- Senator Weaver. Beg you pardon. Senator Weaver. SENATOR WEAVER: - - thank your Mr. President. I have some concerns about this. I noticed in our loeal paper where one of our high school coaches in a P.E. class shoved a student and charges where filed aqainst the teacher. They took it to the grand jury and last week the grand jury indicted this teacher. I'm sure the sehool -- school board has policies for behavior for teachers and -- and * for also students, buk this bothers me a little bit thaty you know, someone can go to the qrand jury and file a charge against a 83  STATE 0F ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 teacher in a P.E. class for shoving a student. I don't know Where we're going with this. really concerns me. This this teacherls been on the faculty of Urbana High School for more than twenty years, and now he's charged by the grand jury for injury to a student, or misconduct or something. -- think this is better left up to the local school boards to enforce these policies and give guidelines. So this bothers me a little bit and I -- I think maybe wefre a little premature in giving dlrection to the school board that -- or mandating to the.school boards.

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Purther discussion? not, Senator Collins may close.

Yes. Thank you, Mr. President and Members of the Senate. Let me first respond to the first speaker, Senator Earpiel: who did not understand what slapping is. And I'd like to have your attention, please, because I think I -- 1111 ask Senator Keats who is sitting beside her to slap her and then she will understand What slapping is. We understand what slapping is. We also understand what intentional harm is. This bill is very simple and I'm sure that the committee, the coalition Who put this bill toqether is very much concerned about the abuse that goes on in the classroom . There Was an episode which showed that thereds some teacherls method of discipline was to make students sit in very painful, painful positions for sustained periods of time. There are teachers who, in fact, slap kids up the side of the head with their hand and then their fis: as a means of diseipline. And -- and it most certainly does not do any goodp except develop more hostility -- in a child, and think it's most acceptable knowledge is that that kind of punishment is not fair and it is not productive. As a matter of fact it is counterproductive. Let me just name some of tbe people who are -- aTe supporting this 84  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 leqislation and have been working for a long time. Maybe it is vague. If it's vague, then we can clear it up in the House, but not vague in the sense that people don't know what slapping is or people don't understand what intentional harm is . The the Academy of Pediatrics in Illinois, the Illinois Chapterw the League of Women Voters, the Illinois Public Action for Children, Illinois Department of Children and Family Services, Chlld Abuse Preventlon Services, National Association of Social Workers. Greater Chicago Council for Prevention of Child Abuse, Illinois PTA , Illinois Mental Health Coalition and United Charities. Al1 of these people who deal with children and wbo work with children have no problems with this legislation and I don't think we should either. And I'd ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 950 pass. Those in favor Will vote Aye. Those opposed: Nay. The voting is open. Have a1l voted who wish? Have al1 voted who Wish? Have a11 voted who wish? Take the record. On that questionr the Ayes are 18: the Nays are 34, 1 voting 'Present. Senate Bill 950, having failed to receive the required constitutional majority, is declared lost. 961. Senator Joyce. 965. Senator Leverenz. 985. Senator Keats. On the Order of Senate Bills 3rd Reading, Senate Bill 985, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 985. (secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Keats.

Thank you. This legislation Was suggested to be by, believe it or not, a paralegal at Mayer, Brown and Platt, and they'd asked 85  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Qth Legislative Day May 2l# 1991 that we sponsor this - and passed out of the Education Committee on a vote of 11 to 2 with an amendment that was requested and we bave now added on the Floor. This allows a student to essentially opt out of dissectlon. There are a1l kinds of safeguards so they are warned that if they do this, the long run there could be consequences in terms of science courses, but it does allow them to opt out and it -- they have a right just to say, ''Hey. thatfs not something I want to do.f' It's a very limited bill. It's not a broad one at all, and with an amendment requested by Senator Collins, it tightened up that the student Would know exactly what happens. I would request your support. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question isz shall Senate Bill -- Senator Hawkinson. SENATOR HAWKINSON : Thank you: Mr. President. Will sponsor yield for a question? PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Hawkinson. SENATOR HAWKINSON: Senator, I this might have broader appltcatkon than those that object to this type of thing. That Was never my favorite part of biology class eitber. Are you requiring some other extra work that gives the student the same kind of knowledge if they apt out, so they don't just sit around, but they have to do some other program in place of this kind of activity? PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Keats. SENATOR KEATS: The answer is# we do not speeifically define it, but it does, in the amendment and the bill, say the teacher has the right to do that. If the teacher feels it appropriate, they can do it. Yes. PRESIDING OFFICER: (SENATOR DEMUZIO) 86 K '.  STATE OF ILLINOIS 87kh GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 Further discussion? If not, the questkon is, shall Senate Bill 985 pass. Those in favor will voee Aye. Those opposed, 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 question, the Ayes are 27# the Nays are l5z voting Present. Senate Bill 985, having failed to receive the required constitutional majority, is deelared lost. 988. Senator Jacobs. On the Order a11 right. 989. Senator Joyce. Joyce. Senate Bills 3rd Reading, Senate Bill 989, Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRY) Senate Bà11 989. (Secretary reads title of bill) It's the 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce.

Thank you, Mr. President. Senate Bill 989 deals with the large scrap piles of tires we have in this State. Would require ENR to develop a pilot proqram to deal With these large tires large piles of tire a million tires or over. Currently, there is nothin: on the books about that. To fund this, Senator Philip and I are working on a different bill that that he is sponsoring. I'd like to move this along in -- in hopes thae we can come up with some way of dealing with this in the future.

Gentleman has moved the passaqe of Senate Bill 989. Discussion? If not, the question isz shall Senate Bill 989 -- beg your pardon. Senator Sehuneman. Please, Ladies and Gentlemen, all you have to do is put you liqht on. Senator Sehuneman.

87  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 30th Leqislative Day May 2l# 1991 though my light Was on, Mr. President. Sorry.

- - it was not.

Senator, our analysis may be wrong, but it refers to tire piles in excess of a million tires. Is that what your bill addresses or are you addressing the thousands of places where we store tires in Illinois in amounts less than a million in eaeh location?

Senator Joyee.

Yes. Currently the bill says a million, and there are three piles with over a million tires in this State. Once we :et the money if -- if we can pass the other bill, then we can address the rest of those thousands and tbousands of tire piles.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Schuneman.

Well, don't you think it would make more sense to to require them to come up with a plan to deal with the entire problem , rather that only the large problem in maybe three locations? don't know Where these three locations are, but know that in my district we 've got a couple of instances of very serious - large collections of these tires that need to be removed and -- and no money to -- Eo have them removed.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyee.

Thank you, Mr. -- well: does do that. -- would set up a permanent program to deal wikh al1 of these tires. And I guess once you did one With a million you could do one wieh a 88  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, :991 couple hundred thousand. I -- I'm -- I'm more concerned -- well, I I I am concerned that if one of these piles catch on fire With a million tires, you knoW, I don't know hoW much contaminant thatîs going to create for the State of Illinois.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Keats.

Althougb I love the merits of this bill, you know, there are private companies in this country at this moment who do this exact thing. Theylre on publicly traded stock. Some have been fairly successful, some less. The reason they don't operate in Illinois, is our regulatory climate is so bad that they can't come into Illinois 'cause they can't make a living. Senator Joyce's bill is an excellent idea. But truthfully, I don 't know that we ought to have the bureaucracy doing it, the bureaucracy's what 's kept the private sector from doing this. In truthy What I would ask isy we ought to say let's make possible for the private companies to do this, so the State doesn't have to pay for it. They could do 1t# if it were not for the positions taken by the regulatory agency -- State of Illinols. A meritorious idea, but I dan't think that socialism's a qood idea. Let's make it possible for private people to do it.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joycew to close.

Well. Thank you, Mr. President. I this will help private people get involved in I -- I haven't seen any private people come to the State of Illinois, and do this. I've seen some come along and -- and -- with some sort of a program and then it kind of just goes away. So I tbink if we get this on the books and -- and hopefully we can get this funded, and -- and we can deal with a11 of the tires we have laying around the State. Ask for -- 89  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 PRESIDING OFFICER) (SENATOR LECHOWICZ) Question is, shall Senate Bill 989 pass. A11 in favor: vote Aye. All opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who Wish? Please take tbe record. On this question, there are 56 Ayes, l Nay, none -- and l reeorded as Present. This bill, havin: received the constitutional majority, is hereby declared 'passed. 9-9-8. Senator Daley. Gentleman from Cook, Senator Jonesy What purpose you seek recognition?

ïeah. Thank youg Mr. President and Members of the Senate. rise on a point of personal privilege to give a warm welcome to the Pernwood Elementary School students, their keachers and parents who are here witnessing democraey in action and money for schools. Let's give them a Warm welcome.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Will you please rise and be recognized by the Senate. Welcame to Springfield and -- and the Senate, as well. Have a good day . 9-9-8. Senator Daley. 1001. Senator Joyce. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1001. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

Thank you, Mr. President. This is the bill that welve debated over the years in in the Senate. It says that wherever local siting approval for any new regional pollution control faeility - it has to be ratlfied by referendum if the site was annexed by the approving municipality kithin the previous five years. This is the o1d landfill bill where the eities go out and annex many acres 90  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30eh Legislative Day May 2l, 1991 of land and -- and put a landfill on it and this just says that they have to go back for a referendum.

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

Yes. I rise in opposition to this bill. We 've debated this bill over the last couple of years, and I am afraid that it isn 't much better this year than it has been in the past. It makes it almost impossible in some areas for us then to site any landfills with this requirement, and so I would ask for your denial and rejection of this parttcular piece of legislation.

PRESTDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Gentleman from Cook, Senator Raica.

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates hedll yield.

Senator Joyce, I know ..that youdre very familiar with the problems that Senator Savickas and I have had in Bedford Park, and although thatls not a landfill there, all this is doingz think by what you're saying, is that the people within those communities will have the -- have the right to say yes or no pertaining to a landfill in that community.

PRESIDING OFFICER: (SENATOR LECHOWICZ) senator Joyce.

It would, if they annexed property, to site that incinerator or a landfill. You see, if -- if -- Well, in your case it's a little different, but yes: they would have a referendum of the people.

PRESIDING OFFICER: (SENATOR LECHOWICZ)  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 Lady from Lake, Senator Geo-Karis.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

Under your bill then, if the city has annexed a landfill: then under your bill, you would require a referendum from -- from the whole county When the city annexes a landfill, is that what youdre saying?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

No, Senator. When the city annexes land and then puts a landfill on it. Not if they annex a landfill. It's if they annex land to put a landfill on, then it Would have to go to a referendum.

PRESIDING OFFICER: (SCNATOR LECHOWICZ) Senator Geo-Raris.

Are you not interfering with a municipalities rights to control their own destiny?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce. SENATOR J .J. JOYCE) Well this ts letting the other people control Ehekr desEiny as well. What happens in some cases is that you can take a small community who decides to -- that thts landfill operator is going to brinq ln millions of dollars to their community: go out and annex a couple of tbousand acres in a county and site a landfill there. NoW the rest of the folks around that landfill have nothing to say about it. In fact, a fkve-member board, 92  STATE 0F ILLINOTS 87th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day #ay 2l# 1991 three people can site that landfill. Now, say something happens in that landfill, something bad, that little community isn't going eo have the revenue - and it also isn't going to have the revenue to explore a1l the possibilities of what can happen there - if something bad happens, they aren't going to be able to clean it up . If newer teehnology comes along and the landfill operator decides to leave, and he leavesr leaving that landfill half full, khen that community isn't going to have the capability, economically or any other way, deal with it. So it goes back to the county and the county's going to have to deal with So what we're doing is letting those folks in the county have a say on this, if indeed, this community is reaching out, annexing property to siee a landfill.

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

Well, Mr. President and Ladies and Gentlemen of the Senate, rise in opposition to this bill. First of all, I think We must remember that We already have in 1aW Senate Bill .-172, which provides that before there can be any local siting for a landfill, there there has to be there have to be hearinss. And I ean tell you it happened in my town, and after we had the hearing, and then we had the environmental reports made by competent experts: we denied the siting. So I think youdre -- transgressing into other governments rights to conduct their own destiny, and I think there's plenty of plenty of recourse under khê presenb laws to to stop landflll siting without this bill, and I oppcse this bill.

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

Yes. Thank you, Mr. President. Question of the sponsor. 93  STATE OP TLLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicaees he lll yield.

Senator, is there siting regulations tbat differ for hazardous Waste sites than they do for landfills?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Joyce.

Yes. For some there is. For hazardous waste sites. Yes.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson. SENATOR WATSON) Well, thank you. The reason I asked that is a eommunity in my district, Centralia, which is located in the southwestern portion of Marion County, Was fightin: a hazardous waste site location, Whieh was approved by the county board: which most of those county board members were far removed from the Centralia area, they they were qoing to approve it and as a result forcing it onto the community of Central.ia and tbe eitizens. And With -- with really no approval or no input from the community. Now, I realize that this probably has nothing to do with that, but my concern is how do we -- or will thls have an impact on the community -- vicinity - - to be able to determine or have a say or a voice in a sitinq of a landfill that's within, I guess, a mile and a half of the community.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

Well, -- I don't think this bill addresses that, but what that community should do is annex it and then they'd be the ones in control of it.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 94  STATE OP ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslatkve Day May 21, 1991 Gentleman from St. Clair, Senator Hall.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. If you have a city like I have, Where -- that over forty-some thousand people have left in the last twenty years, these people come in and they want to put landfills everywhere around there. So unless ehere's some say-so that people have is what Senator Joyce is saying, that youdre left out because everybody tbey need jobs, they need thlngs and they palnt those preety pietures. So here 's a very fine community there. If this bill goes lnto effect itdll help us be able to stop this kind of shenanigan. strongly support this bill.

PRESIDINC OPFICER: (SENATOR LECHOWICZ) Lady from Dupage, Senator Karpiel.

Well: thank you, Mr. President. Senatory I realize what you're trying to do, and -- and I can see that in some parts of the State this would be benefieial. In some parts of the State -- ï am for local control, - which is.what you're trying to get at here, therefs a different problem in -- in my area -- my part of the State, in Dupage and Kane and Lake and -- and some of those counties, in that it is the county that wants to put the landfills in, and I'm afraid that with a bill like this you have a little municipality, a little town, like say Plano in Kane County that annexes property and then the county board -- the county forest preserve commlssion or whatever comes in and says, 'This is Where we're putting our new mega-dumpy'f as it's been billed. And then they have to have a countywide referendum. Well, of course, the rest of ehe county thinks it's a wonderful idea put that landfill -- oueside of Plano and -- and -- and that's where it goes. So when you have -- when you're putting in place a countywide referendum in making these decisions in some parts of 95  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 the State I think it's going to be very detrimental because the counties are qoin: to be passing these referenda.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce: to close.

Thank you. To respond to that. If -- if this municipality, Plano, has annexed this property, the eounty can't come in there and do that. They can't put it in another municipality's -- can't site a landfill in another municipality's area. They just can't do that. That's the way the lau is noW and this does not change that. But I to *he bill: I I would ask everyone to give consideratian to this. We have, in this Chamber, day in and day out passed legislation Where you can't put a landfill in a forest preserve. You ean't put one in a park district. You can't put one in a conservation district. And tell a 1ot of your counties you can't put a landfill anywhere. And now when comes back down to downstate Illinois where -- uhere the landfills are going to be, you're trying, if you vote against this bill, to stop us from having a just a semblance of proteetion, because right ncw the way these landfills are being sited is a run around of Senate Bl11 172. It took a while for the -- for the folks to figure out how to do it# but now they've figured out how to do it, and that is you have a little community go out and annex some property and khen you stlck a bi: ol' landfill in there. Well, it's a great deal, but the county's going to end up being the manager or the guardïan of thls landfill if something goes wrong wi*h beeause that munlcipality isn't going to be able to afford So with that in mind, you 're I think you would be giving some protection to the people in downstate Illinois where these landfills are going to be and ask for an Aye vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 1001 pass. All in favor, vote 96  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 Aye. A11 opposed, vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who kish? Have a1l voted Who Wish? Mr. Secretary, please take the record. On this question, there are Ayes, 17 Nays, 5 recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 1003. Senator Carroll. 1015. Senator Brookins. 1025. Senator Jones. 1045. Senator Joyce. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1045. (Secretary reads title of bill) 3rd Reading of the bl11.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Joyce.

Thank you, Mr. President. Senate Bill 1045 seeks to address two problems that are faced by the State's attorneys, particularly in the larqer counties of this State. The first problem has to do with defendants who have made a demand for trial and are therefore covered under speedy trial, and subsequent to the demand, whlle out on bond or otherwise commit another offense. Tbe State's attorneys have, in some instances, had a difficult time getting thelr hands on these defendants in order to try them within the time allotted under the first offense in which they bave previously made that demand, and so what this bill would provide is that for those particular defendants who have committed a subsequent erlme post their demand, that Ehe demand period Would start anew. The second part of tbe b111 has to do with those situations where the defendant defense counsel are engaged in some sort of gimmiekery to delay the trialr in which they have elected to waive their jury and seek a bench trial, and then at the appointed time for the bench trial they seek to withdraw their jury waiver and have their matter tried by a jury. The original  STATE OF ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day Kay 1991 bill provkded tbat the defendant could only do this with the consent of the State 's attorney. That provision has been withdrawn by amendment, because there were some serious questions as to its constitutionality. And under the amended version the defendant will be permitted to waive his jury trial -- to withdraw his -- his jury waiver if it wilk not be necessary Eor wktnesses to return who appeared on trial date or timely notice has been given to the prosecution or there has been good cause shown for a jury trial. If theredre any questions: be happy to answer those questions, otherwise I would ask your support at this time of SB 1045.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Is there any discussion? Question is, shall Senate Bill 1045 pass. All in favor, vote Aye. Al1 opposed, vote Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Please take the record. On this question, there are 55 Ayesr no Nays, none recorded as Present. This bill, having received the eonstitutional majority, is hereby declared passed. 1046 is being held at the request of the sponsor. 1058. Senator Cullereon. Cullereon. Please read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRX) Senate Bill -- Senate Bill 1058. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR LECHOWICZ) 1058. Tbe Gentleman from Cook, Senator CullerEon. Out of the record at the request of the sponsor. 1059. Senator Jones. Please turn to Page 21. 1066. Senator Berman. 0ut of the record. 1068. Senator Rea. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bil1 1068. (Secretary reads title of bill) 98  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Leqislative Day MaY 1991 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me. Gentleman from Dupage, Senator Hudson, what purpose seek recognition? Okay. Fine. Senator Rea.

Thank you, Mr. President, Members of the Senate. Senate Bill 1068 would provide that part-time employees receive a proportionate share of fringe benefits currently given by the same employer to tbeir full-time employees. In order to be eligible for this program and employee must Work for an employer who has over five hundred employeesg an average of twenty-five hours per week, and eight of the prior twelve months before and the benefits covered under this are the proportionate share of pensione health insuraneee HMO 's# vacation, child care and siek time. The Illinois Department of Labor would be responsible for administering the Actw and I Would ask for your support.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Gentleman from Dupage, Senator Hudson.

Thank you, Mr. Presldent. Ladies and Gentlemen of the Senate, in spite of my sineere respect for the sponsor of this bill, must rise in opposition. NoW I think Senator Rea has done a good job in explainin: tbe provisions of But just so that you'll be sure you understand - Senate Bill 1068 would say that any employer with over five hundred employees must provide pro rata benefits to part-time workers on *he baslg of benefitg paid to full-time workers. Well pro rata really when you boil it down: is also called wage supplements. And this means, as he has already explained to you, that the employer would, for these part-time employees, be forced by mandate to pay insurance and pension benefits, health services, child care services, vacation time, et cetera, for any of these employees who 've Worked an average of 99  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 twenty-five hours a week for eight months, I think it is, in the prior year. Well: what's wrong kith this idea? Well, What's wrong with it isz number one: it will be an administrative nightmare for these -- these businesses to keep track of a11 of this. But in addition to that aany of them are going to say y rather than keep a11 of these records and do this, which they estimate will inerease their benefit costs, maybe up as high as forty percent, they simply will eliminate these part-time jobs, or they will see to it that they don't hire these people over twenty-five bours a week. In other wordsy they'll cut back on the hours or eliminake the jobs entirely. And this would seem to be a real shame, because many of these part-time workers choose to work part time because fits into their schedule. Either they -- they work and spend some of their time at home, or theyfre doing otber things with their time and the part-time aspect of their employment is very essential and vital to them. So it -- it -- just seems like a -- an idea that shouldn't -- shouldn't come about. Frankly, shouldnlt be put into effect. The net effect will be, I'm afraid, that would hurt -- would hurt the very people that it is -- that is designed to help , either by eliminating their jobs, cutting doun on their hours, and therefore, destroy what the sponsors o' the bill, maybe Well-intentioned, have in mind to do. So I would urge, Ladies and Gentlemen, that you give this very careful consideration and after havin: done so, vote No.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Jefferson, Senator O'Daniele What purpose you seek recognition?

Thank you, Mr. President. A point of personal privilege.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Proceed. l00  STATZ OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991

In the President's Gallery, right above your Podium, there's twenty seventh grade students from the Allendale School Wabash County with their superintendent, Mr. Burkett, one of the teaehers and also one of the parents, but before we Welcome them, I'd like to make you aware that these youngsters' school was totally destroyed in the 1989 tornado in January, and as a result of the General Assembly and Governor Thompson, they noW just recently dedicated the new faeility. Help me welcoae them to -- to the Senate.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Will our guests please rise and be recognized. Welcome to Springfield. Welcome to the Senate. Thank you. Now back to Senate Bill 1068. Gentleman from Cook, Senator Raica.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Question first of al1 of the sponsor, please.

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

Senator Rea, is there anything else involved in this other than getting these people a wages -- I'm meany your intent of the bill. mean, is there anything else involved that -- rather than getting these people the benefits of those full time?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator -- Senator Rea. SENATOR R2A: No, this is the total intent of the bill. Is what it says.

PRESIDING OFEICER: (SENATOR LECHOWICZ) Senator Raica.

Thank you, Mr. President. To the bill then: t have some 101  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 reservations and nine times out of ten I vote with -- with the unions on such matters. However, I know a lot of people who work part time and they know fully well that when khey are hired part time that they are not receiving the benefits, but they are rather getting more of the money. If I can just -- like nurses for instance, there's a lot of nurses that work for the -- for organizations: that may come in and make like eighteen to twenty dollars being part time and they get no benefits, but they do it specifically for the pay. I do not think that this is a way to get part-timers to beeome union membersy beeause if you wanted to have a bill to do that, would go on as a eo-sponsor with you. My concern is that a 1ot of these people that are earning money part time would be eliminated from doing so, because they would just eliminate those positions. And that's what my concern ks. There are mothers and fathers that have to go around their schedule and work two maybe three time -- three jobs, and they do so knowingly and willingly. They know they are not receiving full-time benefits, but they need the extra income, and that's the reason kby theydre working. I think this Would really -- some may say, hurt business: but it's going to burt a lot of people in at least my district, and Senator Rea, I thlnk some in your dlstrict that are doing this just out of the need to have more money and I do not think this is the way to go, and I'd ask everybody to seriously consider this bill and vote No.

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

Well. Yes, Mr. President and Ladies and Gentlemen of the Senate, kind of to -- to pigeontail here on -- onto what Senator Raica is sayinq. This is going to affect my district very much, and especially because I have a 1ot of women who are Worklng part time, especially single mothers and Ehey Want the pay. And Ifm 102  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 30th Legislative Day May 21, 1991 i I ! ! very concerned that this particular legislation is not only going 1 to affect part- timers in general, but very specifically women. I ' I've been in thks position and under these circumstances, I could not have or possibly Would not have been hired. And I can remember back to needing that paycheck, and I really feel that you may be hurting the same people you want to help with this bill and I think all of us really ought to consider. this before we go forward with this concept.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Sehator Butler.

Thank you, Mr. Presldent. Seems to me that this is one of those bills that two or three years from now we'll be trying to figure out how to undo, if it indeed passes. Every time any of us goes into a McDonald's or any other fast food establishment, just think of those hundreds and thousands of kids who are depending on this kind of an employmentz and think of al1 the employers who are on the borderline of profitability who will noW find their wage rates goin: up forty or fifty percent. This is the time to stop this kind of generosity, if you please, and to think through who this will really hurt and who it will really harm.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Whiteside, Senator Schuneman.

Thank you, Mr. President. Question of the sponsor, if he 'll yield.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

Senator Rea, this is the first I have seen of this bill, but it apparently seeks to provide benefits to part-time employees. l03 ( ! STATE OF ILLINOIS 1 87th GENERAL ASSEMBLX REGULAR SESSION SEHATE TRANSCRIPT 30th Leqislative Day May 21 , 1991 Would the employer be required to carry health insurance, pensicn benefits and so on on these people, or does the bill simply i provide that the employee would receive the cost of those E I benefits? PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rea. Senator Rea. SENATOR REA: Yes. Senator, the -- the employer Would be required to earry - if the -- if therefs over five hundred employees, also if the average -- if the employee average over twenty-five hours per week, and also kn Ehe prior year if tbey've Worked eight of the twelve months. PRESIDING OFFICER; (SENATOR LECHOWICZ) Senator Schuneman. SENATOR SCHUNEMAN: To the bill: Mr. President. PRESIDING OFFICER: (SENATOR LECHOWICZ) Please proceed. SENATOR SCHUNEMAN: The bill presents one problem that I can see and that is that health insurance benefits are generally based on the presumption that you are insuring people who are Working full time, and therefore, have a higher than average health level. When you begin talking about part-time people that does not necessarily apply. So it seems to me that one of the hazards in this might be increased hea1th insurance costs for employers. The other thing I want to point out is that in my district, I have a number of employers who are larger than five hundred -- have more that five hundred employees and one of the biggest problems is that they're sending their work to foreign factories. Now does this -- does this bill apply to those workers in Taiwan and other places throughout the world that are replacing Ameriean Workers? l04  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Rea.

Well: posed that as a question, Mr. President: but I know the answer. Of course it doesndt. Of course it doesnft. And sc what -- what We probably really have here is a part-time employment reduction Act that by imposing benefits of this kind upon employers, *e simply force them to send more and more of their jobs overseas. And I think this is a step in the wrong direction. END OP TAPE TAPE 3

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

Thank you, Mr. President. This is a -- a fairness bill. This is a -- it does not apply to all part-time employees. Those that are korking twenty-five hours or more a Week. This in faet -- and also have worked eight out of the twelve months in the prior year. This also Illinols there's according to the nineteen ninety-one figures, Whieh were provided to me by the Illinois Department of Labor, that there is seven hundred and forty employers in Illinois with five hundred or more employees. So in a1l fairness and, as far as the State it would -- there would be just a very feW in numbers by -- of Illinois employees according to the Illinois Department of Labor and I think this is a fair bill and certainly would ask for your support, because khese people work just as hard as the full-time employees and it's not 105 rn z' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 like covering the whole ball field of -- of al1 part-time employees. There are specifications here. I would ask for an Aye vote. PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is# shall Senate Bill 1068 pass. All in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a1l voted who Wish? Have a1l voted Who wish? Please take the record. On this question, there are 3 Ayes: 48 Nays, 2 recorded as Present. This bill, having failed to receive the constitutional majority, is hereby declared.lost. With leave of the Body, Wedll go back 1066. Hearing no objection, Senate Bill 1066. Senator Berman. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) Senate Bill 1066. (Secretary reads title of the bill) 3rd Reading of the bill. PRESIDING OFEICER: (SENATOR LECHOWICZ) Senator Berman. SENATOR BERMAN: Thank you, Mr. President. This bill addresses the Parentage Act dealing with paternity eases and it clarifies the time period in which blood tests that have been taken and offered can be objected to and the clarification as to the right to call expert witnesses. I solicit an Aye vote. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall Senate Bill 1066 pass . Al1 in favorz vote Aye. All opposed, vote Nay. The votin: is open. Have al1 voted who wish? Have a11 voted who wish? Please take the record. On this question, there are 57 Ayes: no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 1074. Senator Rea. Read the bill, Mr. Secretary. l06  STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991

ACTING SECRETARY: (MR. HARRY) Senate Bill 1074. (Secretary reads title of the bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rea.

Thank you, Mr. President, Members of the Senate. Senake Bill 1074 authorizes a supplemental State aid payment to any sehool district which has fewer than two hundred students in average daily attendance and an assessed value of coal property in 1990 which ls less than 1989, and did not implement the coal assessment specifications of Section 20-K of the Revenue Act of 1939. This is for one year only and affeets four small sehool districts. This is a very important piece of authorizing legislation that is needed to prevent the educational system in those four small schools from deteriorating and Would ask for your support.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is# shall Senate Bill 1074 pass. All in favor a11 in favory vote Aye. Al1 opposed, vote Nay. The voting is open. Have a1l voked Who kish? Have a1l voted who wisb? Have a11 voted who wish? Please take the reeord. On this question, there are 32 Ayese 21 Nays, recorded as Present. This bill, having received the eonstitutional majority, is hereby declared passed. 1091. Senator Jacobs. Read the bill, Mr. secretary.

ACTING SECRETARX: (MR. BARRX) Senate Bill 1091. (Secretary reads title of the bill) 3rd Reading of the bill. PRESIDING OFPICERJ (SENATOR LECHOWICZ) 107  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3:th Legislatkve Day May 2l, 1991 Senator Jaeobs.

Thank you, Mr. President. Ladies and Gentlemen of the Senate. This is the Quad-city Interstate Metropolitan Authority Act. Two years ago we authorized entering into a compace with the State of Iowa, and this is the enactment legislation for that Authority. This has a companion bill in the House, which just passed 106 to this morning. It's identical to the bill recently passed in Iowa; it has to mirror Iowa's bill as closely as possible and tbere are some frontdoor referendums on some sales tax increases. I'd be happy to try to answer any questions, if anyone has any.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall Senate Bill 1091 pass. All in favor, vote Aye. All opposed, vote Nay. The voting is open. Have al1 voted who wish? Have al1 voeed who Wish? Please take the record. On this question# there are 58 Ayes, no Nays, none recorded as Present. This billy received the eonstitutional majority, is hereby declared passed. 1097. Senator Etheredge. Out of ehe record: at request of the sponsor. 1101. Senator Karpiel. Doris. Out of the record. 1119. Senator Madigan. Please read Senate Bill 1119.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1119. (Seeretary reads title of the bill) 3rd Reading of the bill.

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

Thank youe Mr. President, Members of the Senate. Senate Bill 1119 has to do wikh reinsurance companies and is suggested legislation from the National Association of Insurance Commissionersy or the NAIC. It's technical nature, but 108  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRAHSCRIPT 30th Legislative Day May 2l, 1991 basieally what is does: is establishes a minimum standards for reinsurance companies so that the Department of Insurance can adequately rate insurance companies When their claiming the reinsurance either as an asset or reducing their liabilities. I'd be know of no opposition'to this, I'd be glad to try to answer any questions that anybody may have.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Any discussion? The question is, shall Senate Bill 1119 pass. A11 in favor, vote Aye. A1l opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Please take the record. 0n this question, there are 56 Ayes, no Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. Senate Bi11 1125. Senator Brookins. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1125. (Secretary reads title of the bill) 3rd Reading of the bill.

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

Thank you: Mr. President. This bill requires the Department of Aging vendors to perform a cost audit verifying that they meet the guidelines required. A twenty-seven percent administrative cost split, and a seventy-three percent employee wage and benefit cost split. There is no cost to the State of Illinois. The Department is in agreement with this bill.

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

Question of the sponsor. l09  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991

PRESIDING OEFICER: (SENATOR LECHOWICZ) Indicates hedll yield.

My analysis says that it could be up to a million and a half cost to the Department for CPA firms to do this audit, and it's already being audited now . Itls totally unnecessary. The Department of Aging already verified an audit to the funding requirements and community care providers to ensure they adhere to the seventy-three/twenty-three split. Why do we need this bill?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Brookins.

We put an amendment on the bill and your reading prior to the amendment and this is the Department of Agingls amendment whieh takes the cost away. There is no cost to the City of Chicago -- or to the State of Illinois. No cost at all. And the Department of Aging is in favor of this.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson.

Well, I'm sorryy I was unaware of the amendment that removed the cost to the Department. But Who is goinq to pay the cost if there's goin: to be an audit?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Brookins.

The vendors in Which it is already a part of theîr responsibility to do and should have been doing it all the time.

PRESIDING OFFICER: (SENATOR LECHOWTCZ) Gentleman from Whiteside, Senator Schuneman.

Question of the sponsorz Mr. President. 1l0 = ' N STATE OF ILLINOIS 87th GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslatkve Day May 21, 1991 PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he'll yield. SENATOR SCHUNEMAN: Senator, some of these providers are pretty small concerns and appears that What is being required by this bill is a CPA audit which I know to be an expensive thing in many instances. Are the providers at the present time required to provide a CPA audit? PRESIDING OFFICER: (SENATOR LECHOWICZ) SenaEor Brookins. SENATOR BROOKINS: No. The answer to your question is no, but they must follow the guidekines, so they must be able to prove that they do, or are a1l following the quidelines. And this bill causes them to have to follaw the guidelines that has already been established by the Department of Aginq. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman. SENATOR SCHUNEMAN: It appears from our. analysis tbat -- that this bill would force someone to get a CPA audit. And the State isn't going to pay for I assume the provider has to pay for it. Is that -- is that the way it will Work? PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Brookins. SENATOR BROOKINS: There Will be some cost to Ehe provkders whatever a provider does is -- whoever you have to do some work, there is some cost. We al1 understand that. And What I am saying to you is certalnly, yes, the answer to that question is yes. But it is something that they must do already or should be doing and they have not been doing it. And this bill will cause them to have to have those records. l1l  STATE OF ILLINOIS 87th GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 k PRESIDING OFFICER: (SENATOR LECHOWICZ) 1 Senator Schuneman.

Well, thank you, Mr. President. I'm not sure that what we are doing here ks the rkght thing. Maybe somebody else can shed some light on this. My coneern is that for some of those very small providers around this State Who are not currently bein: required to furnish a CPA audit, may in fact be required by the terms of this bill. So that's my concern.

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

Yes. Mr. President, Ladies and Gentlemen of the Senate, so as to clarify some of this. When this started life in committee, there was indeed a cost to the State. There is no question that that eost, in terms of auditing, has been shifted to local providers. So I think that people can make their decision one Way or another, there will bez indeed, a cost. I would like to call to your attention though, that the concept of a CPA audit may not be a1l that bad. And I can sight a specific instance in my district and on the border of my district where indeed we have had a major problem of this nature that's currently under investiqation and one of the single biqgest problems We face is that there is no auditing of the records and there is no financial recording system or anything that accommodates the bills for the State Police, tbe Department of Mental Health and other to be able to -- to get into. So you might want to constder it on merit, as opposed to the finances# but obviously that's your decision to make.

PRESIDING UFPICER: (GENATOR LECHOWICZ) Senator Brookinsz to close.

112  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 21, 1991 Thank you, Mr. President. Often -- often homemakers and -- i and chore and housekeepers are not receiving wages guaranteed under the Department of Aging. This is just to see that they get the proper wage: and I ask a favorable wage.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 1125 pass. A11 in favor. vote Aye. All opposed vote Nay. The votin: is open. Have a1l voted who wish? Have a1l voted who wlsh? Have a11 voted Who wish? Please take the record. On tbis questiony there are 30 Ayes, 24 Nays, none recorded as Presenk. This billy having received the constitutional majority, is hereby declared passed. Gentleman from Bond y Senator Watson, what purpose do you seek recognition?

I hate to do this, but I'd like to ask for a verification.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Verification has been requested. Would the membership be in there seats. Please verify the affirmative vote.

The following Members voted in the affirmative: Alexander: Berman, Brookins, Carroll, Cullerton, Daley, D'Arco, de1 Valley Demuzio, Thomas Dunn, Hall, Jacobs, Jones, J.E. Joyce, J .J. Joyce, Kelly, Lechowicz, Luft, Mahar, Marovitzz O 'Daniel, Rea, Rigney, Savickas, Severns, Smith, Topinka, Vadalabene, Welch and Mr. President.

PRESIDING OFFICER: (SENATOR LECHOWICZ) senator Watson, any question of the affirmative vote? Watson, please.

Yes. Mr. President, you did read Carroll as a Yes vote and he's on the board as not voting. Is that light out or -- or -- were -- your mlstake -- a11 right. Senator Daley .

PRESIDING OFFICER: (SENATOR LECHOWICZ) l13  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day MaY 1991 Senator Daley ls in his chair. Daley's in his chair: Senator Watson. Would you leave Watson on, Madam

Jeremiah Joycey please.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Jeremiah Joyce. How is the Gentleman recorded? Senator Jeremiah Joyce on the Floor? Senator Joyce. Please remove him. Back to the phone, please remove him. Anyone else? Senator Brookins leave -- asks leave to put it on postponed consideration. Okay, Senator Brookins asks leave to put it on postponed consideration. Postponed consideration on 1125. 1127. Senator Woodyard. Read the bill, Madam Secretary.

Senate Bill 1127. 1 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING QFFICER: (SENATOR LECHOWICZ) Gentleman from Edgar, Senator Woodyard.

Thank you, Mr. Presldent, Members of the Senate. This is one of the ethanol bills, and it rather tracks the legislation passed in Washinqton. extends the exemption on the sales tax, the two percent presently exempted, from 1993, it's present sunset date to the year 2000, and that's what the bill does. I would be happy to answer any questions.

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

Yes. When is scheduled to expire now?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Woodyard.

114  STATE OF ILLINOIS 87th CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21# 1991 January 1, 1993.

PRESTDING OFPICER: (SENATOR LECHOWICZ) Senator Cullerton.

So if we were to -- not to pass this bill this year, we could still consider kt next year and have plenty of tkme to extend it, correct?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Woodyard.

That is eorrect. But my reason for introducing this legislation this year is beeause we know therels going to be a dramatic expansion, hopefully a dramatlc expansion of the ethanol industry, due to the Clean Air Act, and this certainly would provide ehe incentive that think is needed in the ethanol industry to start construction of some of those new plants to produce ethanol.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton.

And how much money is not collected by -- as a result of having this exemption?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Woodyard.

Approximately twenty-two million dollars a year.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentlenan from Cookz Senator DeAngelis. SENATOR DeANGELIS: Well, I just Want to remind the Body that there's one other thin: that this bill does do and it loses about twenty-six million dollars a year revenue for us. 115  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Gth Legkslatkve Day May 2l, 1991

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

Mr. President, Ladies and Gentlemen of the Senate, I rise in favor of this bill. Welve got to look at alternate resourees for energy. We certainly need to do something. We are not going to have to be dependent on the Middle East all the time. I certainly urge your favorable consideration on this bill. I think there is nothing Wrong with it. Wedve got to do somethtng, and let's do now .

PRESIDING OPFICER: (SENATOR LECHOWICZ) Gentleman from Cookz Senator Savickas. SENATOR SAVICKASZ Well I disagree as -- as this being alternate energy, but I do feel that the perception of taking twenty-one or twenty-two or twenty-six million dollais from the State Treasury at a time When a1l of our school distrlcts are in trouble; all of the social programs that we have supported are in trouble; where we have to cut throughout the State -- cut not only Wages, but employees and the perception here that we lre goin: to continue at an unneeessary time -- a -- continue a twenty-one to twenty-six million dollar gift to the ethanol companies, when it's not even needed at this time. I think it's the wrong message to send out there and I think at this point we should just wait t1ll 1993 and see the State's economy at that point. PRESIDING OFFICERZ (SENATOR LECHOWICZ) Lady from Dupaqe, Senator Pawell.

Thank you very much. Will the Senator yield for a question? Senator, do you havê any idea if indeed thiô turns out to be this bonanza that -- that apparently the farmers are -- are looking for. What kind of qain to the economy we could 9et if this indeed ll6  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Gth Legislative Day May 2l, 1991 works?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Indicates he will. Senator Weaver. SENATOR WEAVER) Thank you.

PRESIDING OPFICER: (SENATOR LECHOWICZ) T 'm sorry. Did you have a question, Sev? Senator Woodyard.

Wellz can only tell you that presently we are using, in the United States, about tbree hundred and twenty-five million bushels of corn to produce ethanol. Of thaty the State of Illinois produces about seventy percent of that. With the passage of the Clean Air Act in Washington, it looks like We're going to have to raise the ethanol production up to Where we will need between six-hundred-million and eight-hundred-million bushels of corn. Now if you stop and think that to build some of the new anhydrous ethanol plants that are being built today: they cost about two hundred and fifty million dollars to build. And -- and a1l we're saying with this type of bill is that wefre sendinq a hstrong message to the ethanol producers and the ethanol industry that we Want those plants located, and that expanded production located here in the State of Illinois, and thatls the reason for sending this kind of message.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Gentleman from Tazewelly Senator Luft.

Thank you, Mr. President. I rise very stron: support of Senator Woodyard's bill. I hope you understand and realize and listen to Senator Woodyard when he said what ethanol is soing to be in this country, thanks to the Clean Air Act and the the efforts of the Federal Government. You also have to realize that 117  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day Aay 21, 199: tbis is a competitive industry and obviously states like Iowa and Nebraska, the tWo major competitors that ethanol has, the two major -- have incentives such as the ones that we are offering here or at least trying to continue. Also remember thatr thinkr went out of here With fifty-eight or fifty-nine votes, a bill that provided incentives for an ethanol plant in Southern Illinois . So this is extremely important. It's a major effort for this area and for the State of Illinois and I'd hope we give this -- an Aye vote.

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

Thank you, Mr. President. I certainly have supporked the ethanol program since it's inception. But I think some of -- what bothers me a little bit is the fact that ethanol seems to follow pricing seems to follow the price of gasoline, and not the price of corn. And it -- I just wondered Senatar Woodyard, in your opinion, how much over these period of years bas the farmer received increases in corn prlces or what has ethanol done to increase the price of corn over these years of subsidy? PRESIDING OFFICER) (SENATOR LECHOWICZ) senator Woodyard.

Well, thank you, Mr. President and Members of the Senate. I should have mentioned that in my opening remarks. It's estlmated nationwide that -- that this has amounted to about five cenEs per bushel on a bushel of corn. My farm is tocated Within about seventy miles of Decatur: and it's estimated when your within about a hundred miles of a major ethanol producing plant that it adds about fifteen cents a bushel to corn, which means that there is less subsidizatton from the federal government on deficiency payments on on grain, and so it very definitely has a -- has ll8  STATE OP ILLINQIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 2l, 1991 had a positive effect on the agricultural economy and I think wâth this expansion Were looking at# wefre -- Welre going to see a lot more of that and that money that the farmer gets where the dollar aetually starts certainly flows back in to an awful 1at of other retail outlets. We spend our money on the new combines and -- and the tractors and the Washing machines if we have it to spend, and I happen to think that this is one Way of promoting that.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Weaver.

Well. guess relate back to June -- the period of June to Oetober of last year Where ethanol went up thirty-two cents a gallon and corn went down sixty-five cents a bushel. There just doesn't seem to be any comparison as to the price of ethanol and the price the farmer gets for -- for his corn. This - - this is what concerns me.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Luft.

Thank you, Mr. President. I apologize for rising a second time, but I think it is important to point out to Senator Weaver that the price of corn doesn't necessarily tell you the true and whole story, because what your dealinq with here is different grades of corn. You are creating a market for a loW grade of corn that may not even sell on the market for anything. Ethanol can be produced with a corn of a very 1ow grade' and eonsequently you 've not only opened a market for the top grade of corn, which Senator Joyee may be able to explain better than but you have created a market for, and a higher price for a corn of lower qrade, so is extremely important to the farmer and don't think you can just look ae What the price of eorn does based on the top qrade of corn. Thank you. ll9  ETATE 0P ILLINOIS 87th GENERAL ASSEMBLY RECDLAR SESSION SENATE TRANSCRIPT 30th Legislatlve Day May 21, 1991

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Kankakee, Senator Joyce.

Thank you, Mr. President. I rise in strong support of this also. As Senator Woodyard pointed out it's -- it's five to six cents a bushel that this does increase the -- the price of corn. It also creates twenty-two hundred and fifty new jobs thae Illinois Will be -- will have the benefit of and -- and for a1l you folks -- downstate Illinois and -- and rural Illinois ean certainly use those jobs. There's -- there are so many pluses with ethanol that it is -- it is beyond me why the debate about thls is going on, but I -- I guess T can figure out. All want to say to you is, that when you look at the -- the price of oi1 and gasoline and the price of corn the -- one of the reasons that corn -- that the -- the ethanol was not going doWn in the price is because the ethanol -- the people that produce gasohol don 't set the price at the pumps, the oi1 companies do. So that's why the price isn't down. You know -- it just seem to me that when we fiqure out the true cost of oil, the cost that We have to spend overseas protecting our oil interests - seems to me that this is just the cheapest Way to go and it's the best way to 9o. I'd urge an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Whikeside, Senator Schuneman.

Thank you, Mr. President. We should be trying to find ways to encourage the use of corn in Illinois. This bill is intended to do that. Twenty-five percent of the population of this State lives in rural Illinois. Rural Illinois is kn economie difficulty right now. If there's some way we can help that part of the State, we ought to do it. I think this is a step in the that direetion. 120  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991

PRESIDING OPFICER: (SENATOR LECHOWICZ) Gentleman from Loganp Senator Madigan.

Thank you, Mr. President. T rise in support of this bill, and just to add when We talk about employment opportunities and what this could create and does create: I would like also to point out that in the co-generation of these ethanol plants that know of one plant who -- one ethanol plant that is directly responsible for employing or purchasing the production of twelve hundred coal miners in the State of Illinois. So I think that should be kept in mind also when we talk about this bill. Thank you: Mr. President.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I was a supporter of the ethanol programz but I think that the timing of this bill is wrong. This bill will take effeet January of 1993. There is a twenty-one-million-dollar hit by this bill on the General Revenue Pund of the State. There's five-million-dollar hit on local revenue by this bill. I don't know what the impact of the recession or the economy is going to be tweney months from now. think ethanol is an important product and an important industry in Illinois. But there are other important demands upon us. And I'm not ready with -- when we hear from many of the people that are standing up in support of this program - espectally on the Governor's side of the aisle, When We talk about the needs for revenue, and eutting human service proqrams this is not the time, in May of 191, to decide thae we want to give up twenty-one million dollars of General Revenue starting January of '93. Let's debate this bill a year from now, because I'm not willing, at this time, to say that the l2l  STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATC TRANSCRIPT 30th Legislative Day May 2l, 1991 schools and Public Health, and Children and Family Services can do wlthout this money. So IIm going to vote No today and I urge my colleagues to voee No today. Let's discuss it a year from now .

Purther discussion? Senator O'Daniel.

Thank you, Mr. Presidentr Members of the Senate. rise in strong support of this legislation: you know, not that it's going to do al1 that much for the price of corne because once two and a half gallon of ethanol's removed from a bushel of corn, seventy-five percent of the feed value is still there. But think, you know, we have to be serious about doin: something to tbe for the environment and this morning the Tribune Was beatin: up on somewhak on Senator Joyce and -- and the legislation, but I think, you know, has to have a positive effect on -- on the environment. Maybe not that much on the ozone but, I tbink itls -- it's somethin: that we have to do if we're really serious about being less dependent on -- on foreign sources of energy. You know, it's just somethin: -- itls time we -- we moved on this thing and it's nok going to be threat to big oil. We aren't going to produce enouqh peeroleum products in thks country to satisfy our needs anywayz so# you know, I think a step in the right direction and We should be supporting this.

Further discussion? Purther discussion? Senator Woodyard: you wish to close?

Thank -- thank you, Mr. President, Members of the Senaee. Now I know that this bill has been well debated by this time, but you must keep in mind we are not presently collecting this -- this two percent at this time. And al1 wedre doing is tracking the federal legislation on their exemptions by extending this to the year l22  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 2000. The one issue that has not been mentioned in debate - we've talked about the environmental things and Wedve talked about the financials and we've talked about the job ereation: but there's another thing and it was called Desert Storm. Do you realize how frasile and how dependent we are on importation of crude oil? And certainly the production and expansion of the ethanol industry will lessen our dependence on -- on crude oil and for a1l of those reasons I certainly hope you will join with me in -- in passing Senate Bill 1127.

Question is, shall Senate Bill 1127 pass. Those in favor will vote Aye. Opposed vote Nay, and the voting in open. Have a11 voted who wish? Have all voted who Wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 29 Ayes, 20 Nays and 2 voting Present. Senate Bill 1127, having failed to receive the required constitutional majority, is declared lost. The Gentleman has requested that further eonsideration of Senate Bill 1127 be postponed. 1139. Senator Ralph Dunn. 1143. Senator Marovitz. 1164. Senator Keats. 1168. Senator Fawell. On the Order of Senate Bill's 3rd Reading, the bottom of Page 21 is Senate Bill 1168. Read the bill, please.

Senate Bill 1168. (Secretary reads title of bill) 3rd Readin: of the bill. PRESIDENT ROCK) Senator Fawell.

Thank you very much, Mr. President and Members of the Senate. This is a very simple bill. A1l it says is, that it is not a violation of public policy to agree in a premarital agreement that 123  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 a dissolution of marriaqe may not be granted for the parties on the grounds of irreconcilable differences. This was language that was suggested to me by an attorney who is a member of the marriage committee on the Illinois Bar Association. I'd be glad to answer any questions. PRESIDENT ROCK: Any discussion? Discussion? If not, the question is, shall Senate Bill 1168 pass. Those in favor Will vote Aye. Opposed, vote Nay, and the voting in open. Al1 voted who wish? Al1 voted who wish? Have al1 voted who wish? A1l voted who wish? Take the reeord. On that question, there are 44 Ayes, 8 Nays and voting Present. Senate Bill 1168, having received the required constitutional majority, is declared passed. 1200. Senator Severns. Read the bill, Madam Secretary: please. SECRETARY HAWKER: Senate Bi11 1200. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Severns. SENATOR SEVERNS: Thank you, Mr. President and Members of the Senate. This bill: as amended, would address the current differential in rates between any class of ratepayer. As amended, it says -- and the amended language was offered by Illinois Power and Commonwea1th Edison -- it says that, ''No class of ratepayer shall assume more than one bundred and twenty-five percent above and beyond another class of ratepayer.n There is still some concerns, wbich believe to be legitimate, expressed by Illinois Bell and I've agreed, and it -- the latest conversation beinq today, to work with them to address those concerns. With the amendment and with that agreement I believe that the major objections to thls blll 124 N k...-..  ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSIOS SENATE TRANSCRIPT i ' 30th Legislative Day May 21g 1991 have been removed. It is, in fact, a bill that is fair. It says that, ''No class of consumer or residential or industrial customer should assume more than a hundred and twenty-five percent of any given rate hike.'' I believe it's an aeceptable compromise. I would be happy to answer any questions and would urge a favorable vote. PRESIDENT ROCK: Is there any discussion? Discussion? Senator Macdonald. SENATOR MACDONALD: Yes. Mr. President. I rise in opposition to this particular pkece of legislation, because this bill would make increases across the board and not based on actual cost to serve each customer class. The results of the bill would be one of classes of customers subsidizing the cost to serve another class of customers. This could have an extremely dire effect on industrial and commercial utility rates and impede the utilities ability to offer competitive rates and retain and attract neW businesses and industries, so I urge your No vote on this bill. PRESIDENT ROCK: . Further discussion? Senator Maitland. SENATOR MAITLAND: Thank you very much, Mr. President, Members of the Senate. Would the sponsor yield for a question? PRESIDENT ROCK: Sponsor kndicates she Will yield. Senator Maitland. :ZNATOR MAITLAND: Senator, do you have any idea or does the staff have any idea how many different classes of ratepayers there might be in -- that the commerce commission has to consider? PRESIDENT ROCK: Senator Severns. SENATOR SEVERNSI I l25  STATE OF TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Bth Legkslative Day May 2l, 1991 Thank you, Senator Maitland. Yes, that -- when it comes to -- when it addresses the electric and gas utilities, Wedre talking about two classes in some instances, and three classes in other instances. When you fre talking about classes like I mean -- a utilkty of the phone utilities, you are talking about several classes and those are the leqitimate coneerns that believe Illinois Bell has raised and those are the legitimate coneerns that I intend to address with them as we work the bill through the process. I've gkven them that commitment and 1 ïntend to keep

Senator Maitland.

Senatorz -- agree With you With the -- in the telecommunications area there are mega classes. But there are also many in in electric and gas as Well. A 1ot of them. And What -- What -- what concerns me here - I believe you view this to be a proconsumer bill, I -- I think I've heard that talked about. When in fact it may well not be at all. It may not be at all. You could be imposing -- you could be imposing ' artificial increases on homeowners by this very bill. That is absolutely a possibility, because there are more classes than I believe you think there are. Secondly, without question -- without question our move has been away from cross subsidization. If you go back to the time when we dealt With the rewrite in 1985, that was at issue, to a great extent. This bill moves away from that, #nd think the very thinq you are tryinq to do could come back and hurt - - hurt all of us. And finally to sugqest that by addressing some of the concerns that you Epoke abcut early in your debate -- kn -- in your opening: what -- what -- what they are really saying, think: is they are attempting to make what they -- the utilities think is a bad bill, Raybe a little bit better. There is no agreement on this from -- from any of the utilities. Indeed -- 126  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 30th Leqislative Day May 2l# 1991 indeed indeed the -- the language taking it to a hundred and twenty-five percent was suqgested to make again a very difficult bill perhaps slightly better. But I think this is a bad concept and one that ought to be defeated.

Further discussion? Senator Schuneman.

Thank you, Mr. President. A question of the sponsor, if she 'll yield.

Sponsor indicates she wlll yield, Senator Schuneman.

Senator, believe -- I believe ehis bill only applies prospectively to -- to rates. Is that correct, and only to *he increases?

Senator Severns.

Senator Schuneman, does go back for a two-year period.

Senator Schuneman.

Welly my concern is similar to that of Senator Maitland'sy you know, We a11 want to look after out consumers. The problem I see with a bill of thls kind is that by setting strict percentage limits, we may in fact do just the opposite. think, in my districty for example Senator Severns, in my district, Northwestern Steel and Wire Company is the largest single eustomer of Commonwealth Edison. Their electric furnaces use humongous amounts of power. They enter into agreements with Commonwealth Edison, and I presume they represent one of these classes that l27  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Gth Legkslatkve Day May 2l, 1991 you're -- you're seeking to address in this case and if, in fact, these percentages are not correct, then the rest of the consumers may wind up payin: too much of the cost for Northwestern or the other Way around, in which case Northwestern is forced to raise prices and lose customers and lose employeesr and I -- I'm just questioning Whether or not we really knowy here in the legislature, enough about the cost of generating power to set up these precise limits that you have contained in the bill.

Purther discussion? Senator Watson.

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

Sponsor indicates she will yield, Senator Watson.

senator, are you familiar With what is called interruptable rate?

Senator Severns.

Living in the Illinois Power service area, I'm very familiar with it.

Very good. Then how does this impact that?

Senator Severns.

That is made under contact. This bill Would not affect that.

Is that it? Senator Watson.

Well then -- well I1d I'd like verification of that remark l28  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 from our staff if possible, because that is a critical item in my district and not only in my district, but for this State, because many State facilieies are on the interruptable rate programy which is an incredible savings to the taxpayer, and if Welre going to -- to impact that then -- then this is certainly a bad idea. And Carlisle Syntec which ls in my district is on the interruptable rate and they -- they save thousands of dollars because of that contract they have With Illinois PoWer and that -- they create about two hundred and fifty jobs for people in my area, so if this has no impact: Senator then fine, but if it does I'd -- I'd like to know more about it.

Further discussion? Further discusslon? Senator Severns may close.

Thank you, Mr. President, Members of the Senate. I would like to take just a moment to respond briefly to a comment that Senator Maitland made, and then subsequently a concern by Senator Watson, and by Senator Schuneman. This language is, in fact, the language that Barb Lillyman, the lobbyist for Illinois Power, brought to me following the hearing in the Senate Energy and Environment Committee. They opposed the bill in committee. I said to them point blank ''bring me some language, I'm willlng to work with youl'. Barb Lillyman brought this language and said, and I quote ''this is a result of language that Illinois Power and Commonwea1th Edison have worked out, they Will withdraw their opposition as a result.'' I accepted their language in good faith. It goes well beyond what I wanted it to :o. It says simply thatz ''Consumers, nor residential, nor commercial or industrial shall accept an unfair burden.'' To Senator Watson's concern, Illinois Power wouldn't have provided the language, they wouldn't have signed off on the language, if it did what you suggest that is does. It does 129  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 not do that. The fact of the matter is, to Senator Schuneman and a11 Illinois Power Customers, for the last ten years customers have had rate increases doublin: that of our industrial base. This bill guarantees that no class will receive an unfair burden. Itfs a reasonable bill. It's a result of eompromise language offered by the utility companies. I've assured Illinois Bell, again this morning, that intend to work with them . They bve taken that agreement. I would urge a favorable vote. Thank you.

Question is, shall Senate Bill 1200 pass. Those in favor will vote Aye. Opposed, vote Nayy and the voting in open. Have al1 voted who wish? Have all voted who Wish? Have a11 vcted who wish? Have al1 voted who wish? Have all voted Who wish? A11 voted who Wish? Take the record. On that questiony there are 27 Ayes, 21 Nays, voting Present. Senate Bill 1200, having failed to receive the required constitutional majority, is declared lost. 1201. Senator Cullerton. Read the bill, Madam Seeretary: please.

Senate Bill 1201. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Cullerton.

Thank you: Mr. President: Members of Ehe Senate. This bill is in response to a recent Illinois Appellate court ruling that said that the current support statutes - that is dealing with child support - do not allow support orders to use a percentage of the obligor's income. People under -- courts were under the impression that this was allowable. The bill simply says that it's per order: can be stated in terms of percentage of the l30  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SEHATE TRANSCRIPT 30th Legislative Day May 21, 1991 obligor's income and the courts should also specify a method for determkning if -- the dollar amount - whether it should be the dollar amount or a percentage. This does not affect the employers who are obligated to deduct money for support orders. That would still as stated in terms of a specific dollar amount, so it shouldn't effeet any employers . Only is those situations where an obligor is paylng himself or herself and there might be a -- say a cost of living increase built into their waqe . rather than havin: to come back to court to keep on increasing the obligationz the ccurt could order a certakn percentage ot the -- of the salary. So Idd be happy to answer any questions and appreciate a favorable vote.

Discussion? Senator Fawell.

Thank you very much, Mr. President and Members of the Assembly. I happen to have served on the Child Support Commission and I know ane of the biggest problems that welve 9ot is the gentleman who.does not have a weekly wage that's the same' and consequently when they come ineo coure quite often the amounts cf money that they say that they have earned, is well below what we Would expeet a gentleman of that caliber to be earning . For instanee: We have had doctors, and we bave had lawyers, and we have had accountants kho work for themselves , that have come and said well, you know, last year I really didn't earn anything, in fact I lost money and therefore you ean't hit me very hard for my child support. I think a bill like this might correct some of that. It's not fair for the children of those men to be suffering because of the fact that We played -- they played some games With their ineome. I think this is a good bill . I think it should be supported and I think this is a good step remedying the problem that has been existing for a long time, as far as ehild support is l3l  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 3Gth Legkslative Day May 21, 1991 cancerned, and I -- I would suggest that we a1l vote a yes.

Further dkscussion? Senator Barkhausen.

Mr. President. question of the sponsor.

Sponsor kndicates he wilk yfeld, Senator Batkhausen.

Senator Cullerton, supported the bill in committee and probably will here again, but I'm not sure I understood what took to be your statement regarding it's lack of impaet on employers obligaeed to withhold wages and salaries. Why does or doesn't it have an impact on them?

Senator Cullerton.

You may remember there Was some testimony in the committee by an employer group, as I reeall, that sald what happens in our aase where we are - an employer, we have a eourt order to give X number of dollars per month and now if the court order has changed to a eertain percentage of income, we have to sit around and figure out what the new amount is every time that there is an increase in the -- in the pay. And tbe witness said that -- the proponent of the bill sakd that that Was not an intent to the Act, that the Section of the bill that was amended , did not amend that Section that dealt with employer's obligations to withhold salary and that therefore would not adversely affeet business at all . In in a situation like that a percentage, whether it was a Withholding - an automatic withholding, the percentages kould not be used. There would have to be a specifie dollar amount that would be specified. It's only in situations where the obligor paying himself or herself, where this percentage would be 132  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2ly 1991 applicable.

Senator Barkhausen.

believe you also said something that I didn't really gather from -- from looking at the language of the bill that the -- that the obligation of the ex-spouse paying -- paying support cr maintenance would -- Would either be stated in dollar terms or as a percentage of income' , but not neeessarily both. I may be misquoting you, whereas the language of khe blll says, ''provided that the order may also state the support level in terms of a percentage.'l So eouldn't -- couldn't the court place in the order both an -- both an obligation to pay in dollars terms and alsc a percentage and eouldn't the court also say, you know, a dollar amount or a percentage amount, whichever is greater?

Senator Cullerton.

Yes. I believe you 're correct and that is possible that the court eould do that. They could say -- it could be a specific amount, as well as a percentage. In no -- in neither case will lt -- will it be -- whichever one is greater -- and I think that would -- thak would be what is contemplated by the bill.

Senator Barkhausen.

The other -- the other thought that I had - and maybe these are questions that should have been raised in -- in committee and something that you might want to think about as the bill makes its way through the process, are those situations, think particularly of professionals, but maybe not limited to professionals Who make substantial amounts of income that aren't  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 part -- part of their reqular periodic pay, but maybe ehey get paid in the form of a bonus, at the end of the year, which, you know, in the ease of some investment bankers it might be eighty percent of what they make on an annual basis, is in the form af a bonus. So maybe this should say somewhere, ''The percentage of the obligors annual incomey'' so that that -- so that that amount somehow gets included in the basis upon which ones obligation is caleulated.

Further discussion? Further discussion? Senator Cullerton, to elose.

I ask for a favorable vote.

I'm sorry I'm sorry Wait a mlnute. Senator Hawkinson.

Thank youe Mr. President. The last line of questioning suggests two other thoughts to me. What happens on the down side if income is declining or there is a layoff? Does that change the way we do thinqs now in any way?

Senator Cullerton.

Well the language of the bill just says that the court may specify a method for determining Which amount shall apply. So assume what the court would do is say you owe a dollar amount, and you also -- ean be a percentage -- but if -- but *he percentaqe should ever be less ehan the dollar amount, you still o*e the dollar amount. That's What I would anticipate a court doing.

Senator Hawkinson. 134  STATE OF ILLINOIS 87th GEKERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991

Secondlyr how would this apply to deferred compensation, 401K plans and the like where the payer can actually reduce income on tax purposes by -- by d#ferring income, is that potential escape valve taken into account here: in your definition?

Senator Cullerton.

Well, you know donlt believe -- effects -- Whatever the currenk lak is - and I'm not familiar with what it is# but whatever it is this bill is not going to affect that, because a11 welre saying here is that it's a response to an appellate court ease where they said, you now, the literal reading of the Statutes says it has be in a dollar amount. Judges had been saying, percentaqes, and so we want to allow for the court to have the leeway to sag you -- you ean put terms of a percentage. So with regard to your question, I don't know what the law is with regard to the current deferred paymenk situations.

Senator Hawkinson.

But percentaqe, ln the mathematical equation, means pereentage of something and guess asking, what is that something defined as, is it gross income? Is it adjusted gross or does it just say income?

Senator Cullerton.

It just says income and I think that that's something that the court would delve into When they issue the order.

Further discussion? If not, Senator Cullerton, to close. 135  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Le:islative Day May 2l, 1991

Ask for a favorable vote.

Question is: shall Senate Bill 1201 pass. Those in favor, vote Aye. Opposed vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a1l voted who wish? voted who Wish? Take the record. On that question, there are 48 Ayes, 8 Nays, 1 voting Present. Senate Bill 1201, having received the required constitutional majority, is deelared passed. Top of Page 22. On the Order of Senate Bills 3rd Reading is Senate Bill 1202. Read the bill, Madam Seeretary, please.

Senate Bill 1202. (Secretary reads title of bill) 3rd Readin: of the bill.

Senator Hall.

Mr. President, Ladies and Gentlemen of the Senate, this is an Audit Commission bill. What theyfve found out that even though it says that in 1988, every county or municipality should have some disaster plan. and yet there are many Who do not have that. So to draw the attention to some, this bill was -- was introduced. And that's the purpose of it. So I know that if you read that it says that it prohibits providin: state and federal relief money to a county Eo cope with a particular disaster. So -- but I knok you want to ask some questions, so 1.11 just stop at that.

Discussion? Senàtor bonahue.

Thank your Mr. President, Ladies and Gentlemen of the Senate. would like a question of the sponsory please. l36  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30*h Legislative Day May 21, 1991

Sponsor indicates he Ni11 ykeld. Senator Donahue.

Senator Hall, is your intent of this to encourage or give an incentive or a reason for tbe eounties to develop a plan. Is that the whole purpose of

Senator Hall.

That's the purpose of it. Members of the Audit Commission sitting here and we've been trying to encourage these people and that's the real reasone because dksasterz and you know what's qoing on this day, that seems the atmosphere's changing. You have a number of tornados or earthquakes or whatever happened. There's an amendment that's bere thatts going to be put on over in the House and the idea is that it looks like that you just can't encourage these counties to come along witb some form of disaster plan and that's -- to answer your question, thatîs exactly what this bill is intended to do.'

PRESIDING OFFICER: (SENATOR COLLINS) Senator Donahue.

Well, I think I agree with your reason for this and the kntent. The bitl just doesn't do that. And actually what happens is that right now if a county that didnft have a plan inw they would be -- and -- and this bill were law, the county would be prohibited from reeeivkng any money. You couldn't get money into the county for the county purposes nor for individuals or businesses that were harmed, whether there's federal money or State money. And 1 -- I don't think we really want to do that. And I -- I also would like to say that itds my understanding tbat the amendment that you're going to put on in the House was filed 137  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 in the Senate and you Withdrew the bill. 'Can you give me a reason Why you withdrew the amendment that you have that's going to go on in the House?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.

You dre exactly right. The purpose and the person who drew this amendment was not a member of the Audit Commission, and this - - this bill was introduced by the Audit Commission and people who are not legislators come along and want to amend the bill -- and until the other members of the Audit Commission get an opportunity to look ak this amendment'. And they say they will deal with it when it gets over in the House. We have a 1ot of people around here that, in different agencies, they have interpretation after the legislature introduèes some 1aw and What ke have said, and they do that in many agencies, say, 'fWell thts needs to be done, get a hold of your legislature and have the bill drafted.'' We have this amendment and this amendment is suppose to take eare of the matter that -- what you have'. . So that's why it was withdrawn yesterday.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Donahue.

I'm understand where you 're coming from as far as the Audit Commission: but you know, lf you had the b11l and you had the right amendment it's nice to be able to vote on that and to see what it is, beeause this could get over to the House and maybe it won't be amended. would just -- totally agree with your intent, but I would just encourage a Present vote on this side of the aisle, because the way the law -- the *ay this bill reads right now -- our counties if they didn't put a plan in would not be able to see one dime of federal or State money. l38  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE THANSCRIPT 30th Legislative Day May 2l, 1991

PRESIDING OPPICER: (SENATOR COLLINS) Further discussion? Senaeor Rea.

Thank you. Question of the sponsor.

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

Senator Hall, represent several counties in my dlstrict and some of the counties may not have their plans submitted yet or they may have their plans submikted and it -- it may have been filed, but has not been approved. Now: if there should be a disaster and that means that they would not be able to collect at the present time, but would the -- as the bill reads -- but would the amendment that you are proposing to put on in the House, will that take care of this type of situation?

PRESIDING OPFICER: (SENATOR COLLINS) Senator Hall.

My understanding is that, I think -- and the reason why that it was Withdrawn yesterday, like I told the Senator there, is that Idm not sure that this amendment absolutely takes eare of everything. So the Audit Commission people, in saying that the bkll comes over and this is the amendment that does thae, then they will add this amendment on. The purpose is, as I've statedr that here *e have so many communities who refuse -- w1th this Act - - after all this time and that was the reason why this bill -- lt's just to qet people to do this. This bill, it says if you are going to get their attention and you :et their attention. Hopefulty that this amendment may do that, but after all, I'm only one member of the commission and the other audit members say that they -- the Audit Commission said they want to take a look at this and they'll do that when it's over the House. l39  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991

PRESIDING OFFICER: (SENATOR COLLINS) Senator Rea.

Thank you. I -- I think the concept is good and by working on an amendment tbat sbould help take care of and alleviate the other problem: I certainly Would support thls legislation and hopefully then the amendmen: will cover tbe areas, at least we dll have a chance then to act on it again as it comes back for the eoncurrence. So I -- I certainly will support

PRESIDIRG OFFICER: (SENATOR COLLINS) Further discussion? Senator Schuneman.

Thank -- thank you, Madam President. I serve on the Legislative Audit Commission kith Senator Hall. And I know what he's trying to accomplish here. think, Senator, you agree wieh some of the crities of the bill that the bill is no* in final form . wonder if if we might be able to move the process along in one of two ways. Either: first of a11# if you would agree that the bill will be amended when it gets to the House, to make it prospective - that is that it will not become effective for two years or three years or something like that to give counties time to comply With the laW. think that's one solution. The other solution would be to take the bill out of the record and amend it here in the Senate with that kind of an amendment. But apparently a 1ot of Members are concerned abcut passing the bill ou* of here in its presenE form. So I would suggest to you that if we have time and I think we have and can :et leave to take the bill out of the record, amend it, so that lt has a future effective date to give counties time to comply, think that the objections to the bill uould disappear.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall. l40  STATE 0F TLLIXOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 21, 1991 SENATOR HALL Well the chairman -- We have one on this -- in the Senate and we have one over ln the House. And both of them say that they certainly -- that if this doesn't happen we assure you that it is not our intention or anybody's lntention to shut somebody off if a disaster occurs. We've just been trying to get their attention. Sherman King was over here and he assured me and be says that if it doesn't do what it think it does, then the bill will not move.

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

Question of the sponsor.

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

a major tornado were to sweep through St. Clair County, killing several hundred people and injurin: thousands, and prior to that event through some disagreement -- political disagreement betWeen the county board and the sheriff or whoever, the county had been unable to come up With a plan or submit a plan, and by the way, a 1ot of these delays have to do with eqo fights. Do you think it would be fair for us to leave those children and people without housing without any aid? My objection to your bill' z Senator, is that you -- you've come up with an incredible stick. ïou ought to punisà thê people who are negliqent, not the innocent. If the county governments have falled Eo comply wlEh the 1aw we ouqht to find an appropriate manner to get their attention, not to attaak the -- the people vho are injured and mamed in disasters. The whole direction of the bill, in my opinion, is wrong. You can delay for ten years or twenty yearsy but if you still punish the innoeent as your final solutiony why I think I am aqainst this. I would hope you would  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Qth Legislative Day May 21, 1991 not only qive the counties a reasonable time to comply, although frankly they have had more then enough time, but to find a mechanism to get their attention that doesn't involve leaving little children without care on the streets after a major disaster. I don 't think that is consistent wlth what We in the Senate want to do.

PRESIDING OPPICER: (SENATOR COLLINS) Senator Hall.

We got the time. I can put the amendment on tomorrow and pass it out of here Friday or Thursday, as far as that's concerned . The only thin: is that they baven't had a chance to look at it, but we ean put the amendment on and then if ehey -- if that doesn't cure it: then we will take it off and see what they do in the Hause. So just take it out of the record for the time being. We will pue the amendment on...

PRESIDING OFFICER: (SENATOR COLLINS) Take the bill out of the reeord.

And we will see what happens. But I can't guarantee that that amendment -- this amendment does everything you think should have.

PRESIDING OFPICER: (SENATOR COLLINS) Senate Dill 1208. Senator Davidson. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1208. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR COLLINS) Senator Davidson.

142  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislatike Day May 2l, 1991 Madam President, and Members of the Senate. This bill came from the Landowners/sportsmen Relations Committeey in relation to try and address a problem on trespass. We amended this bill the other day to answer quebtions that was asked in the A: Committee concerning about -- if someone was out hunting on your land or fishing or just out hikingy that they would have to have a copy of Written permission. The amendment that We adopted last Friday believe Was takes care of that and that the conservation offieer would only -- only address that person who is out there on a request from the landowner or the tenant. And we -- from what all the lawyers of the Department of Ag and Department of Conservatlon and the peopke whodve worked on this amendment, this would take care of the problem which was asked ln the committee. This addresses a problem which happens under the present situation trespass comes under the Criminal Code and not under the Conservation Code. It's been very difficult to get people -- a law enforeement officer who is not a conservation officer to respond to someone who is trespassing under the items that I just mentioned. This came out of the committee -- this Was one of the concerns brought by al1 those on the commiktee and 1Id appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Senator Jerome Joyce.

Xes. Thank you, Madam President. I -- I appreciate your -- your concern here Doc. And I -- the thing that worries me and I'd like to ask one of the lawyers in our group about this, is if I'm the farmer and you're the hunter and I 1et -- give you write out on a piece of paper that you can qo huntlng on my property and you're tracking a rabbit and he's in this snoW encrusted field and you go over a tile that is broken and it's washed out and doesnft have -- you know -- and you fall through the snow and 143  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 break your neck, and I have written out a sheet of paper saying that I qive you permission to hunt there. Are you goin: to be able to sue me and do a better job of it, because you have this piece of paper that says I gave you permission to be there?

PRESIDING OFFICER: (SCNATOR COLLINS) Senator Davidson.

Senator Joyee, we addressed that problem two years ago . 0ut of this same committee we passed a bill where you're not liable unless it would be à Willing and wrongful act. And what you just described is not a willinq and Wrongful act by either the landowner, and/or the tenant and that bill passed in 189. We did put an amendment on it and -- I forgot the words that satisfied the Illinois Trial Lawyers at that time. That bill is now 1aw and if someone 's out on your property, even with your permission they cannot sue you for liability for any normal accidents. If it was an willing and wrongful act, then understand from the lawyers they could. But we -- We addressed that problem in '89.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Joyce.

Thank your Madam President. -- I know we did and -- I know the trial lawyers agreed to iE, but thae doesn 't give me a very good feelinq either, that they trial lawyers agreed to it and said that, you know, 'IWe're not -- gee, We Won't sue you.'' yeah trusk me, Howie says. -- I'd just be very reluckant to put my name on a piece of paper and gkve it to someone who ks gokng out on my property to hunt. Thak's the ehing tbat bothers me. I -- think I might tell you, f'Yeah, go aheadzfl and then ycu broke your neck, I might not even recognize you.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Rea. l44  STATE OF ILLINOIS 87th GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991

Question of the sponsor.

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

Senator, if -- I'm out and I have written permission from a property owner to hunt on his property and I get lost and happen to get on someone else's property - even though they may not care and do not have a written statement With me# and a Conservatkon polkce officer comes alon: and -- is it likelyy fkrst of all: that that Conservation police offiaer will write me a ticket? And -- which then means, he does, then is my responsibility that I would have to chase down the person that -- that whose property I was lost on - even - and it might be an absentee landlord, or out=of-state, -- and would have to maybe then take the day off from work or wbatever to appear in court in defense of it?

PRESIDING OFFICER: (SENATOR COLLTNS) Senator Davidson.

Well, what you describedg no the Conservation officer would not, because I know what the amendment was We had drafted last week to address questions which Were asked in committee, is the Conservation officer can only only act on a violation if there's been a request from the landowner or the tenant, and wbat you just described there'd be no request from the landowner or the tenant in asking that Conservation police officer to address you or give you a ticket. It has to be on a complaint by the owner or the tenant.

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

l45  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Thank you, Madam President. Just in clarification as I understand from looking at the language of the bill, as amended' to address concerns of Senator Joyce, there is no Writing -- initlal writing required from the owner, is tbat eorrect, Senator?

PRESIDING OPEICER: (SENATOR COLLINS) Senator Davidson.

That is correct.

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

Thank yau, Mr. -- Madam President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR COLLINS) State you point: please.

Thank you. I'd like to take this opportunity to introduce a school group from my dlstrict from the Trinity Lutheran School in Centralia. They are located in the baek on the Republican side of the aisle and I'd llke to welcome them here to Springfield .

PRESIDING OFFICER: (SENATOR COLLINS) Wi11 our guests please rise and be welcomed by the Senate. Welcome. Further discussion? If not, Senator Davidson may closev

Just ask for a favorable vote.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 1208 pass. Those in favor Will vote Aye. Opposedy Kay. The voting is open. Have all voted who wish? Have a11 voted who wish? Take the record: Madam Secretary. On that questlon, there are 49 Ayes, no Nays, l voting Present. Havinq reeeived the conseitutional majority, Senate Bill 1208, ts declared passed. Senate Bill 1209. Senator Barkhausen. 146  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th LegtElative Day May 2l, 1991 Read the billy Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1209. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen.

Madam President and Members, Senate Bill 1209 would add, as an aggravatlng factor to the Illinois death penalty Statute, situations where a defendant might be incarcerated in a Department of Corrections facility, at the time of the murder and while eommittin: an offense, punishable as a felony, or while engaged a conspiracy or solieitation to commit sueh an offense, intentionally killed an individual or counsel commanded, induced, procured or caused ehe intentional killtng of the murdered individual. Thks is meant to address khat might be a very few situations where qang-related activity in our prisons results in a murder and it is my feeling that individuals involved in this kind of aetivity that result in tbe death, partieularly of an employee of a DOC facility, or even of an inmate, under the circumstances that described ouqht to be eligible for the death penalty. It wouldn't -- it would not involve or potentially be used in a1l that many situations. but I do think in those situations where miqht be used, in my opinion, more than justify the imposition of the death penalty. I1d be happy to answer your questions and otherwise would ask for your support.

PRESIDTNG OFFICER: (SENATOR COLLINS) Discussion? Discussion? If not, the question is, shall Senate Bill 1209 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted kho Wish? Have voted who wish? Take the record, Mr. Secretary. On that 147  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SZNATE TRANSCRIPT 30th Legislative Day May 2l, 1991 question, there are 48 Ayes, 4 Nays, l voting Present. Having received the eonstitutional majority, Senate Bill 1209 is declared passed. Senate Bill 1218. Senator Carroll. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1218. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Carroll.

Thank youz Madam President, Ladies and Gentlemen of the Senate. The bill does exactly what the Calendar says. It areates the Revenue Anticipation Note Aet of 1991 and I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Diseussion? If not, the question is: shall Senate Bill 1218 pass. Those in favor Will vote Aye. Opposed, Nay. The votin: is open. Have a1l voted who wish? 'Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 57 Ayes, no Nays, none voting Present. Having received the required constitutional majorityy Senate Bill 1218, is declared passed. Senate Bi11 1219. Senator Mahar. Read the bill, Mr. Secretary . 0ut of the record, please. Senate Bill 1224. Senator Smith. Read the billy Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1224. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: ' ISENATOR COLLINS) Senaeor Smith.

l48  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 30th Leqislative Day May 21: 1991 Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 1224 prohibits the Department on Aging frcm eliminating services to elderly who eurrently receive services in the Community Care Program. Aging is trying to eliminate services to approximately about eighteen hundred elderly.

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

Yes. Madam President and Ladtes and Gentlemen of the Senate, you know, I do appreciate the intent of this bill and and I know that all of us are trying very hard to hold the various services toqether tbat we can for the State of Illinois. However, with bills fram last year that We have not been able to pay that are close to seven-hundred-million dollars some days the Comptroller dutifully notes to us that, you know, We dre down to twenty-five million and less to be able ko pay bills wefre pulling these things right and left. I think we should call to your attention that this bill has a fiscal impact of 2.9 millicn dollars. We donlt have the money to pay for this at this time. And on that basis and that basis alone: I would request that maybe we hold this bill at this time, or certainly vote against it.

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

Thank you, Madam President. rise in support of this book -- btll. The analysis says that this Department has kraditionally, over the past eight years, alloked to lapse - to be returned to *he coffers to the State of Illinois some 52.9 million dollars. And for the amount of two point plus dollars <sic> to keep these seniors in this progbam who Were grandfakhered ine who are nou on the borderline of being taken out, 2.9 million dollars versus the fifty-two million that they continuously -- traditionally had been 149  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 lapsing back to the State, is no price for us to pay to keep these persons covered with this care. rise in support of thls bill. PRESIDINC OFFICER: (SENATOR COLLINS) Senaeor Smithz to elose. SENATOR SMTTH: Thank youz Madam President. merely want to say thak is necessary to provide serviees to keep the elderly out of the nursin: homes and I urge that you Would support this bill by votin: for it. PRESIDINC OFFICER: (SENATOR COLLINS) The guestion is# shall Senate Bill 1224 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who Wish? Have al1 voted who wish? Take the reeordz Madam Secretary. On that question, there are 28 Ayes' 28 Nays. The -- the sponsor is requesting postponed consideration. Senate Bill 1233. Senator Butler. Senate Bill 1234. Senatcr Berman. Senate Bill 1229. Senator Philip. Senate Bill 1243. Senator Weaver. Read the billr Mr. Secretary. END OP TAPE TAPE ACTING SECRETARY: (MR. HARRY) S/nate Bill 1243. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Weaver. SENATOR WEAVER: l50 c  1 ! STATE OP ILLINOIS . 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 30th Legislative Day May 21, 1991 Thank you, Madam President. Senate Bill 1243 is a vehicle for possible use should United Airlines choose Chanute Air Force Base for their new activities on rehabilitation. I'd appreciate movin: it on and keeping it alive. PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall Senate Bill 1243 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a1l voted wbo wish? Take the record, Mr. Secretary. On that question, there are 53 Ayesy no Nays, none voting Present. Having received the required constitutional majorityz Senate Bill 1243 is declared passed. Senate Bill 1253. Senator Philip . Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRX) Senate Bill 1253. (Secretary reads title of bill) 3rd Readinq of the bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Philip. SENATOR PHILIP; . . Thank youy Madam President, Ladies and Gentlemen of the Senate. Senate Bill 1253 amends the Public Utility Act. It says when a munlcipal government puts on a franchise tax, it Will have to collect that franchise Within the eorporate boundaries. Be happy to answer any questions. I'd ask for an affirmative vote. PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question isp shall Senate Bill 1253 pass. Those ln favor will vote Aye. Opposed, Nay. The votin: is open. Have all voted who wish? Have a11 voted who wish? Take the record# Mr. seeretary. on that question. there are 42 Ayes, 8 voting Nay, 2 voting Present. Having received the required constitutional majority: Senate Bill 12:3 is declared passed. With leave, we'd like ko go back to 1219. Senator Mahar, theyfve l5l I 1 I !  STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIFT 30th Legislative Day May 2lr 1991 found your bkll. Senate Bi1l 1219. Senator Mahar. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1219. (Secretary reads eitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar.

Thank you, Mr. President and Members. Yesterday this bill was on the Agreed Bill List. It is off today. It was sought to be knocked off by the Department of Mental Health, and that disappoints me from a couple of aspects. First of all, they didn't have the courtesy to come to me and tell me of their intentions. Secondly: 1et me share with you What I told them as late as last Wednesday. Senator Kelly and I had a number of bills last Session that dealt with revisions in the Mental Health Code, and they passed unanlmously from both Bodies. A part of that bill dealt -- or those bills dealt with. informed consent, or the right of patients in mental health facilities to be aware and understand the treatment they're qetting. This spring, the Medical Society eame to me and said that this bill is# the way they see is far more encompassinq, and they asked to work with me and the Department to come up with suitable language so that, in private facllitiesz they could implement the intent of the bill. Now , for some reason, the Department has not come forward to be part of the solution. I would hope that we Would send this bill out unanimously, and maybe they dll get the message and grace my doorstep with their presence. Thank you.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Kelly.

l52  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslatkve Day May 2l, 1991 Xes, a question of the sponsor.

PRESIDINC OFFICER: (SENATOR COLLINS) He indieates he will yield.

Senator Mahar, you're right. You and I have worked on this issue very closely, and the Commission that revised the Mental Health Code made certain recommendations. Have you talked at a11 to those people to see if they have any burning opposition to this? I know tbe Department's opposed to it. But it seems like it's a good ideaz but I'm just Wondering if youbve diseussed this With Mark Heyrman, or anybody with the Commission.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar.

No, Senator, I have nbt, for the very simple reason that the intent of the Commission to apply these standards to public mental health facilities will continue. There was -- therets no intention on my part or the Medical Soeiety to change that whatsoever. What welre looking to address is-how -wefre going to implement informed consent in the private facilities. And I think that their concern is very reasonable and sDmething that we can easily work out.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussàon? Senator Leverenz.

Question for the sponsor.

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

The first amendment - I think which is the only amendment on there - does it do the following: removes from private physicians and private facilities the statutory obligation to warn of the l53  STATE OF ILLINOIS 87th GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legiskative Day May 2l, 1991 side effects of a particular medicine that they be may be treating a patient? In other Words, theydll tell you what it Will do good for you, but then this removes the mandate to tell a patient what the bad side may be. Is that the effect of Amendment No. 12

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar.

Yes. Senator, that is the effect of Amendment No. and we put that on strlctly to move this bill through the process. There is no intention for that to be the final factor. But 1et me just advise you that the way the legislation is and the way the laW is, as was passed and signed into law by the Governor, it far exceeds what the Mental Hea1th Commission wanted. If you go into a hospital today and you maybe have your 1eg broken and you fre seeking treatment, you dre going to go through a very cumbersome process to get that medication, even it's as simple as a valium . Valium very well may be considered a psychotropic medicatlon under the legislation that was passed last year. Now, the Medical Society and the hospitals are not looking to ' evade this. They want to be able -- they feel informed consent is a very appropriate part of their proeess. But wedre looking to make it suikable and easily implementable <sie> in private facilities.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz. SENATOR LEVERENZ) My further question would be -- it ls EhaE khis would remove the statutory law that says the doetor has to tell you not only the good parts but the bad effects of a particular medicine. That's very similar to saying, this is a good bill, and for a11 of these reasons. And someEime someone might forget to explain the bad parts of a bill, but that's forgivable. You don't have to eat the bills we pass. But is the State Medieal Society in favor of 154  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21z 1991 removing that which I think is good? Are they in favor of that?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar.

The State -- the Illinois State Medical Society is in favor of informed consent. They believe that their patients have the riqht to know the treatment that they are getting and the effects of that treatment. And no matter What happensz as we go through the legislative process, will the public facilities be affected by this. The public facilities we have procedures, statutory procedures in place. They will remain in place. What Wedre going to focus in on, hopefully, is how we -- the mechanism for getting the patients -- informed èonsent for the patients and redefining psychotropic medication so that it applies to those clients or patients that are mentally and developmentally disabled. PRESIDING OFFICER: (SENATOR COLLINSJ Senator Leverenz.

then strongly vurge 'every person in the Body to think twice about even allowing this to see the light of day, because I would liken it to the camel that gets its nose under the tent youdll see then hump one and hump two. This only deals with one form of medication. Any time that we take away statutory language that makes an obligation for a doctor to inform you not only of the good things a medicine may provide, but the bad side effects that you may experience - khat would be tragic. I would urge a red vote.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar, to close. I'm sorry. Senator, you have to turn your light on. Senator Marovitz.

Just -- I just was picking up the end of the debate, and 155  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 just want to elarify. Would this -- if we pass this legislation, would this mean that there Would be two standards of treatment informed - maybe not treatment - but two standards of informatkon given to patients at -- whether they were in a public hospital or a private hospital? The itandards for informing a patient, giving patients information, would be different in public hospitals versus private hospitals?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar.

In the the goal of this legislation is to apply - and think that's a very good point - is to apply a specific set of standards -- set of standards to those mental health patients, Whether they be mentally i11 or developmentakly disabled or dually diagnosed, and in public mental health facilities that is in place. What we want to do in private facilities is to do the virtually the exact same thing, but let the private facilities develop a mechanism for implementing that. What we do in the State versus What We do ih the private ' sector those are two different things, tko entirely different things. And you're applying it to hospitals that may not even have mental health patients in them.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz.

Are the -- the laF today - without your bill - does that mandate the private hospitals that patients be informed similarly as they are in private in public hospitals? PRESIDING OFFICER) (SENATOR COLLINS) Senator Mahar.

Exactly. 156  STATE OF ILLINOIS 87th CENERAL ASSEMBLY RECULAR EESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991

PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz. SENATOR MAROVITZ; So, my last comment. This would then change the obligation on the private hospitals.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar.

Yes, it would.

PRESIDING OFFICER: (SENATOR COLLINS) Senator -- Senator Mahar, to elose, for a second time.

Well: thank you. Thank you, Mr. President and Members. Let me just reiterate very briefly for the last time that what we did last year, which -- came from the Commission to revise the Meneal Health Statutes that Was commissioned by the former Governor, our previous Governor in the State of Illinois -- the intentions of that Commission to apply standards through many different areas in mental -- public mental health hospitals in the State of Illinois, went into effect, is laW, and there is absolutely no attempt to change that. What we dre trying to do is assist tn the implementation of informed consent in the private private sector hospitals. I think the Medical Society and tbe Hospital Association are making a very reasonable attempt to work with us and the Department of Mental Health to accomplish this goal. I think it's easily attainablez and I Would ask for your support.

PRESIDINC OFFTCER: (SENATOR COLLINS) The questian is: shall Senate Bill 1219 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted kho wish? Have a11 voted Who wish? Take Ehe reeord, Mr. Secretary. On that questiony there are 42 Ayes, 8 Nays. voting  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislaeive Day May 2l, 1991 Present. Having received the constitutional majority, Senate Bill 1219 is declared passed. Senate Bill 1267. Senator Hudson. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1267. (Searetary reads title of bill) 3rd Reading of the bill.

PRESIDINC OFPICER: (SENATOR COLLIKS) Senaeor Hudson.

Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 1267 is a Bureau of the Budget proposal to improve the General Revenue Funds in light of the State's present economical economic crisis, pardon me. It amends the Build Illinois Act by stipulating that payments, from the large business loans, be deposited into the General Revenue Eund. In additionr 1267 permits the Governor to direct the Comptroller and the Treasurer to transfer money from the Large Business Attraction Fund to the General Revenue Fund. NoW that's fairly straight forward. If there are some questionsy I Would be happy to attempt to answer them . I think it's a good bill. It came out of the out of committee on attendance roll call. know of no real opposition to the bill, and would ask for your support. PRESIDING OFFICER) (SENATOR COLLINS) Discussion? Senator Demuzio.

Well, thank you, Madam President, Ladies and Gentlemen of the Senate. I'd like to pursue Senator Hudson with this with this question. This Would require deposits from the Large Business Funds to be deposited into the General Revenue Fund, rather than into the Large Business Attraction Pund. assume that thatls because the Large Business Attraction Fund is -- is now defunet or l58  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 there are no -- no obligations. But I Would llke to ask you, the receipts that that get into the -- to the Large Business Attraction Fund - does not come from the Purposes Pund out of the Build Illinois Program?

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

Senator, Welre havin: a little discussion here. I'm stalling for time is What I'm dolng.

PRESIDING OFFICER: (SENATOR COLLINS) Do you want to take it out of the record? We don't have time.

Not partieularly.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Demuzio.

Let me rise in opposition to it then. Yesterday, we sent out of this Body, 59 to nothing, a bill that Would utilize the Surplus Use Tax money, that .was flowing lnto the Purposes Fund, to put together a water and -- clean water program and school districk construction bond fund program With those proceeds. What you are doing noW is that this billz by virtue of taking this money out of the Purpose Fund, and I apsume that that's khere comes from, is now goin: into the General Revenue Fund. I don't think that's What we want to do. I think that we, as fifty-nine Members of the Senate yesterday, spoke very loudly and clearly that We did not want this to happen - that those monies should repose and and stay into that Purposes Fund and ougbt not to be transferred into General Revenue. And I suggest to you that this is -- Senakor Woodyarde you're -- you're listening to my voice, and I apparently, you're not, I don't think this is what we want to do: senator. And I would ask thaE perhaps you take this bill out of l59  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 2l, 1991 the record so thaE We could pursue this.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hudson.

Senator, my understanding is that by transferring this money, we are saving the State ten million dollars. NoW it seems to me tbat What We're doinq here is moving in the direction of fiseal responsibility in light of the straights that We find ourselves.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Demuzio.

That 's my pöine. How are we going to save the State of Illknois ten million dollars . I mean -- that 's a good one . The fact of the matter is# is that this money is the money that's going to be utilized to fund the -- the -- the clean water Projects that we pass 'ed yesterday. And you are taking that money now out of the Purposes Fund and, in effect, transferring it to *he General Revenue Fund. So, we're tryin: to do the opposite. don't think you want to do this. assume that tlae administration has -- has built this ten million dollars into its budqee somewhere. assume thatîs What you're talking about. And donlt think this is a very good idea. And I donft think that - - by voting for tbis means that we 're takïng away a11 and stripping out a1l of the revenue that we were counting on yesterday to fund those bond projects. I don't tlnink we want to do this .

PRESIDING OFFICBR : (SENATOR COLLINS) Senator Hudson. Senator Hudson, to close.

Well, Senator: what I get from my handlers over here seems to indicate that these are repayments.

PRESIDING OFFICER: (SENATOR COLLINS) 160  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3:th Legislative Day May 2lz 1991 Senator Hudson is closing -- to close.

Okay.

PRESIDING OFFICER: (SENATOR COLLINS) The -- are you taking it out...

We will -- Madam Presldent, we will proceed with the bill up or down.

PRESIDING OFFICER: (SENATOR COLLINS) Then the question -- then...

And I simply Would elose, Madam President. With an urge for an Aye vote on this measure .

PRESIDINC OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 1267 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted Who kish? Have all voted who wish? Take the reeord, Mr. Secretary. On that questionz there are 29 Ayes: 28 Nays, none voting Present. Having failed to receive a constitutional majorityy Senate Bill 1267 is declared lost. Senate Bi1l 1270. Senator Barkhausen. Senate Bill 1272. Senatar Barkhausen. Read the bill, Mr. Secretary.

ACTING SECRETARX: (MR. HARRY) Senate Bill 1272. (Secretary reads tttle of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen.

Madam Secretary and Members, Senate Bill 1272 eomes to us from the Secretary of State's Office. It amends the Vehicle Code to make the penalties for repeat offenders for those guilty of 16l  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 driving while having illegal drugs in their systemy the same as the penalty we now have for repeat offenders for drivinq under the influence of alcohol. It Was an agreed bill in committee. I know of no oppositione and I ask for your support.

PRESIDING OPFICER: (SENATOR COLLINS) Diseussion? If not, the question is# shall Senate Bill 1272 pass. Those in favor Will vote Aye. Opposed: Nay. The voting is open. Have al1 voted Who wish? Have a11 voted wbo wish?' Take the reeord, Mr. Secretary. On that question, there are 55 Ayes, no Nays: none voting Present. Having received a constitutional majorityr Senate Bill 1272 is derlared passed. Senator Welch. SENATOR WELCH; Madam President, when we voted on Senate Bill 1253, I was cff the Floor. Had I been on the Floor, would have voted Aye. like the record to so reflect that.

PRESIDING OPFICER: (SENATOR COLLINS) The record w1ll so show . Senate Bill 1283. Senator Hudson. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1283. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hudson.

Thank you, Madam Presidenk and Ladies and Gentlemen of the Senate. This is a b11l that, as far as I know' pertains to a certain portion of Dupage County principally. It's an initiative of the Dupage Forest Preserve. The Forest Preserve there has two golf courses, Oak Meadows and Brookwood, side-by-side. And what the bill says is the district may, ln the future, Wish to combine the courses and sell the extra clubhouse with adjoining property. 162  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 This bill would permit the Forest -- would permit that to be done. The bkll applies in Dupage County only, and does what I said would do . And I would urqe your support of the neasure.

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

Question of the sponsor.

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

Senator, in committee, you indicated that on these adjacent acres: that there -- they defknitely would not be for -- used for land -- landfills. Is that correct?

PRESIDING OPFICER: (SENATOR COLLINS) Senator Hudson.

I have been reassured, Senator, that khat is correct. have checked a eouple of times on that point, because I have a vital interest in that, too.

PRESIDING OFPICER: (SENATOR COLLINS) If not -- would you like to close? Senator Hudson, close.

Only only to ask for your favorable vote on this measure.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 1283 pass. Those in favor will vote Aye. Opposede Nay. The voting is open. Have al1 koted kho Wish? Have a11 vbted who Wish? Take the reeord, Mr. Secretary. On that question, there are 54 Ayes, no Naysz none votin: Present. Having received the constikukional majority, Senate Bil1 1283 is declared passed. At *he top of Page 23. Senate Bill 1291. Senator Hawkinson. Read the bill, Mr. Secretary. l63  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 30th Legislative Day MaY 1991 ACTING SECRETARYI (MR. HARRY) Senate Bill 1291. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hawkinson.

Thank you, Madam President. This is a bill - Senate Bill 1291 - that's designed to 9et at the diffieulties with executing arrest and search warrants for tour to five drug houses houses where there may be a qan: member hired to be a look-out or there may be, fortified in the way of armored doors or the like or presence known presenee of firearms. This simply says that if the police officer, in obtaining the warrant, goes before a neutral magistrate, a judge, and offers proof that these circumstances exist, that the judge may authorize the execution of the warrant, by the officer, without first announeing the officer's presence and office. We amended it to make sure that we didn't interfere with the currentlyvexisting .exigent circumstances, Whieh noW allow thak kind of an entry if the officer has reason to suspect that therefs a fire or gunshots or the like goin: on in the residence. I would urge its passage, and would be happy to try and answer questions.

PRESIDING OPPICDR: (SENATOR COLLINS) Discussion? If not, the question is, shall Senate Bill 1291 pass. Those in favor will vote Aye. Opposed. Nay. The voting is open. Have all voteb who wish? Rave a11 voted who Wish? Take the record, Mr. Secretary. On that question, there are 55 Ayes, no Nays, none voting Present. Havin: received a constitutional majorityy Senate Bill 1291 is declared passed. Senate Bill 1295. Senator Philip. Senate Bill -- Senator Joyce, for What purpose do you arise? l64  SYATE 0F ILLINOTS 8?th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Gth Legkslatyve Day May 21# 1991

Thank you, Mr. President, Members of the Senate. would like to rise on a point of personal privilege and Welcome to the Illinois Senate a resident of my community and, more importantly, a commissioner from the Water Reclamation District, Rathleen Meany who is here with us today.

PRESIDING OFFICER: (SENATOR COLLINS) Will our guest please rise and be welcomed by the Senate. Welcome. Senàtor Philip on 1295. Read the billy Mr. Secretary.

ACTING SECRETARY: (kR. HARRY) Senate Bill 1295. (Secretary reads eitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Philip.

Thank you, Madam Presidenty Ladies and Gentlemen of the Senate. Senate Bill 1295, as amended, amends the Solid Waste Act, a planning and recyeyling act: requires al1 municipal governments to adopt a separation recycling program by January 1, 1992. There Were two Floor amendments that Senator Welch put on. The first one included a souree separation to include plasties. The second one included counçies. have no objection to those two amendmentsê and I wotlld answer any questions and hope that r would have some favorable consideration.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If hot, the questlon is, shall Senate Bill 1295 pass. Those in favo' r will vote Aye. Opposedy Nay. The voting :s open. Have a1l voted who Wish? Have all voted who wish? Take the records Mr. Secrekary. On that question, there are 54 Ayes, no Nays, l voting Present. Having received a constitutional majority, Senate Bill 1295 is declared passed. Senate Bill 1296. l65  STATE OF ILLINOIS 8?th GENPRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3:th Legislative Day May 21e 1991 Senator Macdonald. Read the btll, Mr. Secretary.

ACTING SECRETARX: (MR. HARRX) Senate Bill 1296. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR POLLINS) Senator Macdonald.

Thank you, Madam President. This bill was on the Agreed Bill List. It is an administratlon bill. And khat it does is to it amends the Local Solid Waste Disposal Act to rewrite the requkrements for plans adopted for different plastics. The current definitions of solid wastes terms contradiet each other, one from another. And this has 1ed to a great deal of confuslon for the regulated eommunity of local government, State agencies and the general public. Plastic coating proposal would make enforcement much clearer, limiting the requirement to single-use containers only. I don't believe it was the Legislature's intent that multi-plastic containers, such as Tupperware, should be coded as resin content for recycling purposes. So I ask for your Aye vote on this bill.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Discusslon? If not, the question is, shall Senate Bill 1296 pass. Those in favor will vote Aye. Opposed, Nay . The voting is open. Have all voted who Wish? Have a1l voted who wish? Take the record. Mr. Secrekary. On that questkon, there are 55 Ayes, Nay: 1 voting Present. Having received the required constitutional majorltyy senate Bil1 1296 is declared passed. Senator Cullerton.

Yes, Madam, on a point of personal privilege.

PRESIDING OFFICER: (SENATOR COLLINS) 166  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30eh Leqislative Day May 2l, 1991 State your point, please.

I Would like to Welcome Andy Tinich, With the Abraham Lincoln School. They're in the gallery school over here. We have sixty-two eighth graders from the Lineoln School from my district. I'd like to welcome them to Springfield.

PRESIDING OFFICER: (SENATOR COLLINS) Will our guests please rise and be welcomed by the Senate. Senate Bill 1297. Senator Topinka. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1297. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR COLLINS) Senator Topinka.

Yes. Madam President and Ladies and Gentlemen of the Senate, this was an administration bill - or is an administratkon bill. Was on the Agreed Bill List. And What it does is it amends the Illinois Parentage Act tù allow the court to order DNA testing in order to determine parentage. So, right now, the eourt determlnes the type of testing. What this allows is the court would noW see that right, if it so chooses, to experts to determine the tests, what kinds of tests, and the extent of those tests. So we would not put that burden on the court, but we do not preclude it. We also ask that reports of -- of these experts are to contain the combined paternlty index relating to the probability of parentage. Apparently, you know, that is noW being donev but it is not hard and fast. We do want it to appear in the report that comes out of this. And that's all the bëll does.

Discussion? Senator Berman. l67  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRIPT 30th Legislative Day May 21, 1991

Will the sponsor yield?

Sponsor indicates she will yield. Senator Berman.

You made my day. The question that I have and aeeording to our analysis, is that the choice -- the ehoice of the expert is removed from the eourt and provided to the requestin: party. Is that what the bill does?

Senator Topinka.

No. It's not in my -- my understanding that it does not do that.

Senator Berman.

The decïsion -- then what does this bill do regarding the expert?

Senator Topinka.

It is my understanding the court picks the expert. The expert then determines the tests, the types of tests, and the extent of tests.

Senator Berman.

Just for the record, youlre statin: thaty unequivically, the court still retains the power of setting of -- of naming the expert. And that's not dèlegated to the requesting party?

168  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l# 1991 Senator Topinka.

Yes. The court delegates the expert. Buk we do not preelude the court from malntaipin: this power and dolng it on its own, should wish to do so.

Senator Berman.

- - it's your last part khat confuses me. But before this bill, it's my understanding, that the court stated or designated the expert. My analysis indicates that that is taken away from the court and given to the party. Is that not true?

Senator Topinka.

The court: under t%is bill, would determine the expert. It retains that power to determine the expert. The expert determines the type of tests and the extent of that test. The court also can continue to do what it is doing now in'terms of the tests.

Purther discussion? Further discussion? Senator Topinka . you wish to close?

I -- I realize this is somewhat complicatedr but think we are on target now. Senator Berman nods his head, would feel more comfortable. It's my understanding no one's in opposition, and it is clean.

A11 right. Senator Berman, for the second kime.

I apoloqize. But let me just refer the sponsor eo line 23. And it says as follows) ''The test shall be conducted by an expert 169  STATE 0P ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 or experts, qualified as an examiner of blood or tissue types, chosen by the requesting partym'' And what is stricken ls the words ''appointed by tbe court''. Now, that's contrary to what your answer Was .

A11 right. A1l right. The Lady has requested it be taken out of the reeord. 1302. Senator Barkhausen. Read the bill, Madam Secretary, please. On the Order of Senate Bills 3rd Reading is Senate Bill 1302. Read the bill, please.

Senate Bill 1302. (Secretary reads title of bill) 3rd Readin: of the bill.

Senator Barkhausen.

Mr. President and Members, this is a administration proposal from the Illinois Criminal Justiee Information Authority. And is also, I should say, supported by the Attorney General's Office. It really is in the nature of several procedural and teehnical clean-up items to the Drug Asset Forfeiture legislation khat We dealt with last year and in prior years. It clarifies legislative intent by specifically incorporating a federal law. Currentlyy Illinois courts give persuasive auehority to federal law interpretations. But this specifically incorporates the federal 1aw into our Statute. It serengthens due process by requiring three publications of notice of pendinq forfeitures, rather than just one, and follows the Code of Civil Procedure in that respect. It further ereates a mechanism for the review or appeal of a non-judicial declaration of forfeiture by the State's Attorney. is, as I say. supported by the Attorney General's Office as well as by the administration. I would be glad to answer 4ny of 17 0  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 your questions, and otherwise urqe a favorable roll call.

Discussion on 1302? Any discussion? If not, the question is, shall Senate B1ll 1302 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Al1 voted who wish? Have all voted who Wish? Have a11 voted who wish? Take the record. On that question, there are 53 Ayes: no Nays, none voting Present. Senate Bill 1302, having received the requtred constitutional majority, is declared passed. If I can have your attention, Ladies and Gentlemen. It isr as I indicated earlierz the intent of the Chair tö work until approximately six o'clock. So We will continue on 3rd Reading right through unkil six o 'clock. There are a eouple of other matters, also. Additionallyz the gentleman from the Retirement System wtll be with us for at least another hour or an hour and a half. So those of you who have not yet visited, if you wish to, please avail yourself of that opportunity. Senator Vadalabene, for what purpose do you arise, sir?

Yes, thank you, #r. President. While there's a pause in the action, I would llke tu announce tomorrow at twelve noon is the Memorial Day services. And let's show our guests a lot of respect and be an our seats.

A11 right. The Memorial Day service, yes, kill be at noon tomorrow. We will start the Session tomorrow at nine and eontinue right on through. 1303. senator Ralph Dunn. Read the bill, Madam Secretary, please. On the Order of Senate Bills 3rd Reading is Senate Bill 1303. Read the bill, please.

Senate Bill 1303. (Secretary reads title of b111)  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l. 1991 3rd Reading of the bill.

Senator Dunn.

Thank you, Mr. President and Members of the Senate. This bill was brought to me by the Department of Mines and Minerals. Theybve been workin: with the Olin Corporation to try to 9et an agreement to put in the bill. Not being able to do it yet, they'd like to pass a bill over to the House and to further amend it there. So I'd appreciate a Do Pass for it.

Discussion on 1303? If notz the question is, shall Senate Bill 1303 gass. Those in favor will vote Aye. Opposed Will vote Nay. And the votinq is open. Rave a11 voted who wish? Have a1l voted Who wish? Have al1 voted *ho wish? Take the record. On that question, there are 53 Ayes, no Nays, none voting Present. Senate Bill 1303, having received the required constitutional majority, is declared passed. 1311. Senator Philip. Read the bill, Madam Secretary: please.

Senate Bill 1311. (Secretary teads title of bill) 3rd Readin: of the bill.

Senator Philip.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1311, as amended, would require wholesalers and retailers to accept used tires. It also would require them to post a sign in their respective place of business. The number -- Amendment No. 1 in committee, took out mail orders at the request of the Illinois Retail Merchants. Senator Joyce put an amendment 172 I 1 I 1 !  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Qth Legislative Day May 2le 1991 on the Eloor to put a kwo-dollar fee on. And, qulte frankly: I've no objection to that. The Illinois Retail Merchants want to take some of that two-dollar fee and pay for the administrative cost. I said, ''if you want to do that, do it in the Hcuse. have no objectlono''So 1111 be happy to answer any questions. not, I'd ask for favorable eonsideration.

The Gentleman has moved passage of Senate Bi1l 1311. Discussion? If not, the question is# shall Senate Bill 1311 pass. Those in favor wtll vote Aye. Opposed, vote Nay. And the voting is open. All voted Who Wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 52 Ayes, no Nays, none voting Present. Senate Bill 1311, having received the required constitutional majority, is declared passed. 1314. Senator DeAngelis. Read the bill, Madam Secretary, please. SECRETARY HAWKERJ Senate Bill 1314. (Seeretary reads title of bill) 3rd Reading of the bill.

Senator DeAngelis SENATOR DeANGELIS: Thank you thank you, Mr. President. Senate Bill 1314 is part of the streamlining proeess of the new administration. It abolishes two aqencies that currently reside in the Lieutenant Governor's Office - the Illinois Expork Couneil and the Illinois Export Development Authority. A1l proceeds from those agencies will be redeposited in the General Revenue Fund. And all outstandkng obliqations will be paid out of those proceeds. This is an adminlstration bill. The funetions that are currently performed by these two agencles will be done by DCCA and the not-for-profit World Trade Center. I urge the passage of Senate l73  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Bill 1314.

Gentleman has moved passage of Senate Bill 1314. Discussion? Senator Demuaio.

Senatore could you indicate to me -- this -- ln repealin: the Illinois Export Council Act and the Export Development Aet and transferring a11 of the remaining funds into the General Revenue Pund. Can you tell me from What souree the Export -- Export Cauncil and the Expobt Development Act got their Roney originally: and how much are we talking about?

Senator DeAngelis. SENATOR DeANCELIS: I believe they issued bonds to the tune of about fifteen million dcllars, and it'11 be paid off by the paying off of those loans, wbich are short-term loans, and investment proceeds.

Senator Demuzio.

What is the revenue stream to pay off the bonds?

Senator DeAngelis. SENATOR DeANGELIS: Well, one of tbe reasons that these agencies are being abolished, not a very larqe amounk of khose bond proceeds Were used. So, therefore, they remain on deposit. Right now, I believe thereîs -- Well, close to the fifteen million dollars.

Senator Demuzio/

guess that's my point. So, apparently, is the decision l74  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 of the administration to repeal the Export Council and the Export Develcpment Act and to take the fifteen million dollars that remains and transfers in to the General Revenue Fund. That's precisely, just exactly, What you told me. I'd like for you to ; tell me what they 're going to be usin: the fifteen million dollars for then in General Revenue.

Senator DeAngelis. SENATOR DeANGELIS: Well, I'm sorry. You're riqht, Senator Demuzio. But thought your question is expounding the obvious. First of all. you dre going to pay off khe bond bolders. And any money left over from that, which there :s'money left over, will then go into the General Revenue Fund.

Senator Demuzio. SENATOR DEMUZIOI Well, the bett:r ansWer is over here -- is that seventy thousand dollars, Senator DeAngelis, is what I'm -- what I'm being told. I'm just wondering why wedre doing it and how much it amounts to. It appears that, you know, we're tryinq to piek up as much dollars as We possibly can to put into thls budget to fund Whatever initiatives, I quess, that We have yet to see. Thank you.

Further discussion? Purther discussion? Senator DeAngelis, you Wish te close?

Just ask for a positlke roll call.

Question is, shall Senate Bill 1314 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Al1 voted 175  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30tb Legislative Day May 21, 1991 who wish? Have a11 voted who wish? Have all voted Who wish? Have all voted who wish? Take the record. On that question, there are 46 Ayes, 8 Nays, l voting Present. Senate Bi11 1314, having received the required constitutional majority, is declared passed. Senator Jones, for what purpose do you seek reeognition?

Yeah. Thank you, Mr. President. A point of personal privilege.

State your pointr please.

IId like to welcome the students from Mareus Garvey Elementary Sehool, their teacher, Ms. Barsh, assistant principal, Joe Haley. Give them a warm welcome to the Illinois Senate.

Will our guests please rise and be recognized . Welcome to Springfield . 1316. Senator Woodyard. Read the bill, Madam Secretary, please.

Senate Bi11 1316. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Woodyard.

Thank you, Mr. President, Members of the Senate. Senate Bill 1316 is an administration bill with -- for Department of Conservation. And it simply makes a 1ot of of teehnical chanqes to the Wildlife Code in dealing with the furbearer and pheasant stamp committees and those stamps. And that's really a11 it does, but 1111 be glad to answer any questions.

STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 199: The Gentleman has moved passaqe of Senate Bill 1316. Any discussion? If not, the question is# shall Senate Bill 1316 pass. Those favor wil1 vote Aye. Opposedg vote Nay. And the voting is open. All voted who wish? Al1 voted who wish? Have a11 voted who wish? Take the record. On that questlon, there are 58 Ayes, no Naysz none voting Present. Senate Bill 1316, baving received the required constitutional majority, is declared passed. 1330. Senator Welch. 1337. Senator Collins. Read the bill, Madam Secretary, please.

Senate Bill 1337. (Secretary reads title of btll) 3rd Readinq of the bill.

Senator Collins.

Yes. Thank you, Mr. President and Members of the Senate. Senate Bill 1230 -- 1337 amends the Consumer Fraud and Deceptive Business Praetice Act in an effort to get at some of the -- the fraud and unscrupulous business providers who provide services and do business through telephone numbers - pay telephone numbers, advertised over, mostly over television through television advertisement, many of whom does not disclose adequately to the caller'that the caller will be charged for the call, the rate of the call, and how much they are expected to pay per minute for the call or wbether or not there's a flat rate and what that rate is. Nor do they disclose, upfront to them, in many eases, just what the -- the objective of the particular services that they are going to be providing them. And what the b1ll does: it requires that any call thak costs one dollar or more, that the -- the advertisement have to reveal to the person in -- over a brief message before the charge starts, a -- 1et me just read this 177  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Bth Legislative Day May 2l, 1991 because it's it's it's quite specific. ''A adequate description of the services that will be provided to the caller, a accurate summation of the cost of the services, including the initial flat rate eharge, if any; the per minute call, if any; the minimum per call charge, if any; the expected duration of the -- of a typical call for this type of services; a statement that the billing will begin shortly at the end of the introduction of the message.'' This must take place before the person's ebarge begkn. In addition to this, kt requires khat the carrier maintain, on file, the names and addresses of place of business of the individual service providers and a brief description of what kind of programming that we' are expected to see on ehe screens when this program -- When the services come up on the screen. I would be happy to answer any questions. If not, I would just ask a favorable roll call.

A11 right. The Lady has moved passage of Senate Bill 1337. Diseussion? Senator Raica.

Thank you, Mr. President. Senate Bill 1337 came before the Consumer Affairs Compittee. There kas a committee amendment that was recommended. And Senakor Collins worked very hard wkth AT&T and the industry to -- to appease everyone. Illinois Bell, it's my understanding, has no objection. I'd just ask the Members on this side of the aisle to support it. It seems like a good idea.

The question is, shall Senate Bill 1337 pass. Those in favor will vote Aye. Opposede yote Nay. And the voting is open. Have all voted kho Wish? ' Havè al1 voted who Wish? Have a11 voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 1337, having reeeived the required constitutional majority, is deelared passed. 1347. 178  SIATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Leqkslatkve Day May 21, 1991 Senator Hall. Read the btll, Madam Secretary, ptease.

Senate Bill 1347. (Secretary reads tktle of bilk) 3rd Reading of the bill. PRESIDENT R0CX: Senator Hall.

Thank you: Mr. President and Ladies and Gentlemen of the Senate. 13 -- 1347 amends the Purchasing Act. Provides that a11 State contracts for goods and serviees shall be included in the language, requiring the vendors or contractors to maintain and make available to the Auditor General certain documentation for a period of five years. Pailure to make the -- maintain the book and records ereates a presumption in favor of the State for recovery of contract funds. Senate :111 1347 was introduced at the request of the Legislative Audit Commission and stems fram the audit of Department of the Public Aid eontracts . Aecording to the Auditor General, considerable delays, tbus added expensey was incurred because of problems with -- the audit reports said the following: a restrietive audlt class <sie> (clause) in DPA contraetse and with Delta. Beeause Delta contracts -- accounting system did not segregate documents and private lines of business in many areas, it Was necessary for the General to have access to all the records. I ask for affirmative vote on this bill 1347.

Discussion? Question is, shall Senate Bill 1347 pass. Those in favor: vote Aye. Opposed, vote Nay. The voting's open. A11 voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none votin: Present. Senate Bill 1347, having received the requlred constitutional majority, is declared passed. 1353.  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Bth Leqislative Day May 2l, 1991 Senator Holmbero. Read the bill, Madam Secretary: please.

Senate Bill 1353. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Holmberq.

Thank you' Mr. President. This bill provides for fifty-percent tuition Waivers, Within each public university system, for faculty and staff. The Sun Times artiele that you each have in front of you is a pretty good description of the program, with one exception. There is one error that it is for children only and does not include spouses of university personnel. Wegve had similar legislation to this many times before us in the General Assembly. Most recently# during the last Session under Senator Dehngelis. However, this bill represents a new compromise between faculty unions, the university systems, and the Board of Higher Education.- Al1 of Whom, for the very first time, strongly support these tncreased benefits for university employees as incentives to keep the best and the brightest riqht here in fllinois. This bill offers Waivers to the ehildren of both staff and faculty. The regency system eurrently offers similar waivers with great successg as do most of our eommunlty colleges in Illinois. Despite decreasin: competitive salaries, public universities and colleges mus: conEinue to compete With private institutions, most of whom offer this benefit and are successfully lurin: some of our best faculty and employees in the State and nationwide. It's also important to know that the University of Illinois, without this bill, is currently tenth among other Bi: Ten institutions tn total compensation Eo faculty and to staff. The dollars here involved are not new GRF funds and 180  STATE OF ILLINOIS 87th GEHERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 3ûth Legtslative Day May 2l, 1991 do not involve a new appropriation. Instead, they represent the dollar value of the waivers provided to employees' children. Dniversities would not be penalized for provlding these waivers by a negative deduction from their appropriation. I would be happy to answer any questions on this particular bill.

Discussion? Senator Etheredge.

Thank you, Mr. President. Wl11 the sponsor yleld?

Sponsor indicates she will yield, Senator Etheredge.

Senator, as I understand it, the Board of Regents now has a program of tuition remission in -- in place. And I'm wondering hoW that program would compare with yours. Specifically, what I'm - - the question that 1'm trying to get at is that if we were to enact this bill: establishing fifty-pereent Waivers. would that undermine in any way or call into question the program thak the Board of Regents already has in place? PRESIDENT ROCKI Senator Holmberg.

No. They -- this would not interfere with their program. Any - - any system couîd still do more than this. This would just establish the minimums for what they Would do.

Senator Etheredge.

It's not clear, based on the tnformation we have, whether or not the BOR progra 'm is a fifty-percent waiver or not. If it's something different from that, then I do eontinue to have some -- some question 'as to the impact that -- that this 181  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l: 1991 legislation would have. I guess beyond that, I am concerned about the -- the precedent that -- that this would start for us in terms of -- enaction into -- into ehe statutes. The various boards already have authority to establish this program. As I pointed out, BOR has already done this. And the other boards already have the authority to do it if they choose to do we enaet this into law, I'm afraid that we're setting a precedent that may open ourselves up not just to the children and spouses of faculty members, but there has already been legislation introduced over in the House that would provide a similar type of proqram for the judges of this Seate. I -- I think that this is the sort of thing that could very quickly get out of hand. And I think that it's -- we would be well-advised to nip this in the bud.

All right. Fifteen have indieated tbey wish to be heard on this. So I Would admonish the Membership to keep their remarks as mercifully brief as possible. Further discussion? Senator Dudycz.

Thank you, Mr. President. 1'11 be brief. Senator, are we dealing with strictly in faculty, or any employees of this system?

Senator Holmberg.

Paculty and staff are both included in this bill.

Senator Dudyez.

So, -- there ks a janïtor say of the University of Illinois at Champaign or in Chicago who has two children attending the U of 1, this would -- this would cut h1s tuition for each child in half? 182  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3:th Legislative Day May 2l, 1991

Senator Holmberg.

That is right. He Would have to be employed for seven years by that university system'in order to qualify.

Senator Dudycz.

Well then aren't you actually creatinq a tuition voucher system for the employees of the of the school system - exclusively for the employees of the school system? My -- my question is, Senator, is how would this be implemented? Are you creating a voucher system or a rebate or or just cutting down their tuitàon in half?

Senator Holmberg.

Thks ks -- the tuktion is merely Watved. Qhere is no voucher issued.

Further discussion? Senator Geo-Karis.

Will the sponsor yield for a question?

lndkcates she will yiekd, Senator Geo-Karis.

didn't quite understand your response when Senator Etheredge asked you whether or not we already have this 1aW on the books now. Could you please tell me, do We already -- do We already allow a tuition Waiver of fifty percent?

Senator Holmberg. 183  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991

No. We do not have a 1aW like this on the books. What I said and what Senator Etheredge: I believe, Was referring to# is the fact that tbe Board of Regents already does this, as do# frankly, many of the communkty colleqes. This would put the benefit across a11 of our public university systems in the hopes of keeping faculty and staff and some of our students here in Illinois.

Senator Geo-Karis.

Where is the money coming from?

Senator Holmberg.

There are no GF -- GRP dollars. The -- they -- the tuition is just merely waived by that university.

Further dkscussion? Genator Maitland .

Thank you very much, Mr. President, Members of the Senate. Was -- I was shocked today, as were some other Members on this side, that the Board of Regents kas already granting full tuition waivers for -- for -- for staff and faculty. Senator Holmberge do you have any idea how many indlviduals would be affeeted. Just take, for example, the University of Illinois. How many, in your vlew, would be affected by this?

Senator Holmberg.

The Board of Higher Edueation is noE sure at thls point. It would, you know, be a certain age qroup - the ones who would have college-age children. And they may not all, you know, choose eo l84  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 30th Legislattve Day May 21, 1991 9o to college. So it -- it's impossible at this time to determine. PRESIDENT ROCH; Senator Maitland. SENATOR MAITLAND: Let me tell you what concerns me about this. You -- you make a good point that our -- that our faculty and staff at the universities are -- are not paid commensorate with ehe rest of society. And I stood on this Floorz as you stood on this Floory time after ttme, and talked about the need to fund hkgher education adequately. I think this is the wrong message to send. And let me tell you Why. Each university has a limit upon their enrollment. And what we are saying as we substituke people who are contributing to the income fund through full tuition with people who then have tuition waivers, We reduce the amount of money - the real cash-in-hand: that the university has. The students are there, but the money is not there. So then we, in this Body, and I think everyone ought to listen to this, increase tuition -- increase tuition on students, and justifiably so, because the universitles need the money. And -- and the other students who are there tuition-free are exempt from this. Now that really isnlt fair to the rest of the tax-paylng public - the individuals who are strugglin: to pay tuition. I understand what you're doing. Itls -- itls honorable, but I think itds not fair to the rest oE the full tuition-paying indivkduals. PRESIDENT R0CK: Further discussion? Senator Topinka. SENATOR TOPINKA : Yes. Mr. Presldent and Ladies and Gentlemen or the Senate, I suppose in terms of followin: up on - to what Senator Maitland has saidz Which I think is -- is, you know, absolutely true in terms of its fairness. And a1l I can say is, I look at my own situation l85 1  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 of as a single mother trying to put my son through school. He went and got a seholarship. And he still owes the army four years to pay for that. What do tbese people do to do this in order to -- to get a waiver? A Waiver's like a scholarship. The waiver does not address merit. lt does not address need. You have to kind of take any kid that come into the system. My question wauld be you've got finite numbers of how many kids the -- that the universities can take. Will -- ki11 the universities now have to take these kids, which might therefore bump those Who may be wishing admission, and therefore, you know, may have higher grades, may be more acceptable and, indeed, may be the best and finest wbich you suqgested you miqht want to retain in Tllinois at the beginning of your discussion. Yes, that is a question.

Sponsor indicate: she will yield. Senator Holmberg.

Senator Topinkaz. we are not we will not be bumping anybody. A11 students apply for the variety of programs Within the university system just as they would if Jv they. were seeking admissian from outside the system.

Senator Topinka.

Just so I can understand. Therefore, a waiver does not necessarily grant admission?

Senator Holmberg.

NO, does not.

Eurther discussion? Senator Dehngelis. SENATOR DeANGELIS: l86  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 3ûth Legistattve Day May 2l, 1991 Tbank you, Mr. President. Nowz I rise in support. In faet, would like to be shown as a hyphenated sponsor of this bill. This bill has gone out of here previously. Previously it was full tuition. And altbough I fully understand some of the econcmie forees at work, let mk point out to one that hasn't been discussed. Senator Maitland: 1 listened -- universlties are fixed cost intensive. Losing one student doesn't reduce your cost by the full amount when the ktudent is lost, any more than adding one more student costs the same as the previous student. The fact that theylre willing to pay half the tuition could very well support the incremèntal' cost through the incremental revenue ) receipt. But, let me tell you, there's a better purpose to this. You know, I've sat in this Body, and I've heard, time afker time, about the loss of these professors and these valued people at universtties. For crying out loud, why can't we just qive them the little perk of allowing their kids, if accepted, into those sehools, to get the benefit of that edueation at the institution at which their parenEs Woyk. And theydre paying enough the freight to juseify that small act of beneficence. rise.in strong support of this measure.

Further discussion? Senator Hall.

Will the sponsor yiel: for a question?

Indicates she w11l yleld, Senator Hall.

Senator, is there a limit on how many of their ehildren would be able to go free? '

Senator Holmberg.

187  SQATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th LegLslative Day May 21, 1991 No# there's not.

Senator Hall.

Well, if I have six -- in other words, therefs not. Theydre able to go as long as they're there. If I read you correctly. Okay. I wanted to ask that.

Further discussion? Senator Collins.

Xeah. 1 -- I have a question. 1'm sorry that I did miss part of your discussion, Senator. Butz will these, for exampley if -- if -- these -- the -- the -- the teacher moved from another state here and brought five chikdren With -- with him or her. Woukd those children then get priority in getting into the university?

Senator Holmberg. SENATOR HOLMBERGI have answered ! part of that question . There would be no priority given. They would have had to be on the faculty or on the staff for seven years, and their children would have to have the admission requirements necessary for that particular eollege within the university.

Senator Collins.

. % Does it include the presidents' ehildren, too?

Senator Holmberg.

All employees. And he is an employee.

l88  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Senator Collins.

Will this include the janitors and their children and other workers?

Senator Holmberg.

A11 employees.

Further discussion? Senator Butler.

Thank you, Mr. President. Will the Senator yield, please?

Indieates she will yield, Senator Butler.

have a question based on the fact that some of our professors are not exactly amon: the most destltute people from some of their consultin: fees and other income that they have. Is there any needs test on this?

Senator Holmberg.

Not currently.

Senator Butler.

May T questlon *he word currenely? Is ehere some ineention?

Senator Holmberg.

It is not my intent. Private colleges which offer this pretty comprehensively throughout Illinois do it the same way. And their 189  STATE OF ILLINOIS 87*b GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2ly 1991 - - in fact, they give full tuition, and there is no needs test.

Okay. Further discussion? ïf not, Senator Holmberg may elose.

Thank you, Mr. President. To answer one of the questions brouqht up during debate: because of the Board of Regents now offering full tuition. When we took a look at that, we found that it was very cost-effective for them. They have not had to increase the tuition costs there more than any other systems have had to increase tuition costs. They've been able to handle it very nicely within the monies they have. .Our community colleges are doing this way as well and are able to work within their allocated costs. Prlvate colleges do it. Other states are doing . : it. In fact. one of Ehe cheap recruiting tools that other state university systems upe When they are recruiting our Illinois university professors, is to tell them how poor the benefit package is for them in thë Universlty of Illinois. They dontt talk salaries. They talk benefits. This is sometbing that would put us on a par with those other systems and enable us to keep the best and the brkghtept of our faculty, our staff and our students. There is no known opposition to this bill from outside this i Chamber. All parties involved in the higher education system are in support of increased benefits that provide a relatively inexpensive Way to retain and support quality faeulty and their ehildren at Illinois institutions. The flfty-percent waiver, as senator DeAngells has saidz represents a compromise. We fve always tried to do it at full tuitionw ahd we have not accepted and passed that kind of lè:islation. Tbis is one with the fifty percent that would help to pay any of the costs that may oceur. And we see a new willingness of a1l involved to work together to keep Illinoi: in the forefront of hisher education. urge your 190  STATE 0F ILLIXOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslative Day May 2l, 1991 support.

Question ise shall Senate Bill 1353 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. A1l voted who Wish? Have all voted who wish? A11 voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 32 Ayes, 19 Nays: 3 voting Present. Senate Bill 1353, having received the required constitutional majority, is declared passed. 1361. Senator Joyce. Read the bill, Madam Secretary, please. SECRETAR? HAWKER: Senate Bill 1361. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. Presid#nt. This bill, as amended, sets yearly requirements for the amount of ethanol to be contained, on the averagey in gas sold by distributors in Illinois. Beqinning January 1, 1992, twenty-five percent of the gasoline sold must contain ethanol. Thè yearly requirements phase in the percentage of ethanol gradually until the year 2002, when al1 gasoline sold in this State must contain ethanol. The amendment requires the Commission on Alternative Motor Fuels to determine supply to meet demand. If thereds ' not enough ethanol to meet the yearly requirements, the Commission can change them . The amendment also establishes a mechanism tùat -- so -- so that distributors selling ethanol blends in excess of the requirements may arranqe kith another distributor to have a11 or part of the excess credited to that distributor. The bill contains a penalty of fifteen cents per gallon for gasoline not meeting the requirements, to be deposited in a newly-created ethanol penalty fund. Monies in the 19l  STATE 0F TLLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 30th Legislative Day May 2l, 1991 fund will be used, subject to appropriation: by the Department of Agrieulture to administer this act and by ENR for its Ethanol Public Education Proqram. Be happy to answer any questions.

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

Yes. I rise in oppositton to this bill. The fiqures that have received we lve done a great deal today for ethanol but the figures I have receivéd would cost this State about fifty-six million dollars. think to mandate that We have to use ethanol by -- by the year suggested in this bàll - by January 1st, 1994 is is really oppressive. And I Would hope that others would jokn wkth me in thinking that this bill, at the very leastz is premature. I just don't think, at this particular time, that our economy can really affordk no matter what it would be# to have a ten percent ethanol by volume. think we 'd better very carefully consider this mândate, because indeed it is a mandate. And I think it is a serious one. I urge your No vote.

PREGIDING OFPICER: (SENATOR D'ARCO) Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, will the sponsor yield for a Muestion?

PRESIDING OFFICER: (VENATOR D'ARCO) He kndkeates he wi11 yield.

Wasn't the amendment -- didn't the amendment change the -- the time to 1998, when ten percent -- the gasoline should be alcohol?

PRESIDING OFFICER: (SCNATOR D'ARCO) Senator Joyce.

Thank you for at''least trying to explain that. Itls tWo l92  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2lp 1991 thousand and two as a matter of fact. Senator Macdonalde you said 1994 or something, but itls the year 2002. And a11 of this other stuff about how much it's goin: to cost - it's not going to cost anything until the year 2902.

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

Thank you, Mr. President. Will the sponsor yield? PRESIDING OFFICER: (SENATOR D'ARCO He indicates he will.

Mr. President, am told that my colleague here had not finished her line of questioninq.

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

Mr. President and Ladies and Gentlemen of the Senate, rise in support - full supporE of this bill. If you recall, about ten twelve years ago, we had the State fleet operating on gasohol. Didn't hurt the cars. I have a 1970 Buick Electra convertible that has a hundred and seventy-two thousand miles, 'and I had gasohol in it for many, many years. The motor's still perfect, even though the body's falling apart. Let me tell you. It's the truth. Ethanol fuels are cleaner. Theybre less pollusive, and more efficient. Not only.that, the country of Brazil has gone full-scale ahead ip uslng ethanol fuels instead of pekroleum fuelse and theyere not hurting a bit. They make it out of khe -- the sugar cane and the Mànioc plants. There 's another thing. you realize that the -- the time for the landfills is coming quickly over, you ean make ethanol alcohol out of garbage. So we'll have some darn'qood use for ethanol alcohol. And we can make it out of garbage as Well as making it out -- out of waste 193  SYATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 plants and waste corn and what have you. I think it's a very good billg and I certainly urge for its support. As Senator Woodyard -- Woodyard said earlier today, f'are we going to keep being dependent on the Middle E4st for oi1?'' It's time that the right. It's tlme that' the oi1 eompanies started using the research tbey have and go into ethanol alcohol and build ethanol alcohol plants. And I'm al1 for it.

PRESIDING OPFICER: (SENATOR D'ARCO) WICS-TV requests permission to videotape. Hearing no objection, leave is granted. Senator Etheredge.

Thank you, Mr. President. didn't realize at the time my colleaque was going to speak in favor of this bill. If I had realized that, I w'ouldn't have been quite so nice. Will the sponsor yield, please?

PRESIDING OPFICER: (SENATOR D'ARCO) He indicates he will.

Senator, it is my understanding that the Feds define gasohol having at least ten percent -- or having a minimum of ten percent ethanol. Is that eorrect? What is the definition that we use for gasohol here in the State of Illinois?

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

SENATOR JOYCE: We'l1 9et out of the code book here - Revenuels code.

PRESIDING OFFICER: (SENATOR D'ARCO) Time is fleeting .

Why don't you ask another question Why We're waiting for this?

PRESIDING OFFIPER: (SENATOR D'ARCO) Senator Etheredge. l94  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION S/NATD TRANSCRIPT 30th Leqislative Day May 2l, 1991

Well, what I'm trying to 9et at here is the -- is what this ls going to cost us in -- in lost revenue. I mean, is -- is this going to be - is the fiscal impact going to be felt in the year 2002, under the terms of your bill? And, again, I'm assuming that legkslation comparable to what Senator Woodyard was proposkng earlier on, would be -- eventually be enacted to -- to continue the tax subsidy which ue pow provide. I'm trying to figure out if the the fiscal impact is going to be felt in 2002 or if it's going to be felt immediately. That was the -- the basis for my line of questioning. PRESIDING OFFICER; (SENATOR D'ARCO) Senator -- Senator Joyce.

Ik -- it depehds on when the federal definition of ethanol ends and when their program ends. But there would be no impact to the Skate of Illinois until the year 2002, the Way things are currently.

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

Well, Senator. I've :ot some figures in front of me that -- that suggest that there will be losses totaling something on the order of sevenky-eight or -- seventy-nine million dollars that would be felt at the -- at the State and local level and also that would be lmpact -- that would -- the Mass Transit money Would also be impacted so that there -- I think that there is -- eould very well be a very significant fiscal impact. And it's on that basis that rise in -- in opposition to this bill. And I Would encourage everyone else on the Floor to take a very close look at this and, I Would hope, reject 1t.

PRESIDING OFFICER: (SENATOR D'ARCO) 195  STATE OP ILLINOIS 87th CENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 30th Legislatkve Day May 21, 1991 Senator O'Daniel.

Thank you, Mr. President, Members of the Senate. I rise in support of this legislation. you knok, we're al1 concerned about the hit on the general revenue at -- at this time. And Senator Joyee has stated it doesn't do anything right now about -- far as bothering the general revenue. But what we need to think about, by year 2000, What Will the Clean Air Act -- What kind of a will that put on -- on our General Revenue Fund as we try to -- to comply wikh the Plean Air Act? Xou know, there's a lot of things that ethanol can be used for besides just ten percent of the fuel. It's -- wefre doing some experimental work now with -- down at SIU that really looks promisin: washing high-sulfur coal with ethanol and having a usable byproduct. This could be very beneficial to trytng to kèep jobs with the coal industry. And also, at the same time, eould benefit agriculture. And this is also a renewable souree of energy. And I I think we need ta :et serious about this. PRESIDING OFFICER: .(SENATOR D'ARCO) A11 rkght. Senator Holmberg.

Question for the sponpor.

PRESIDING OFFICER: (SENATOR D'ARCO) He indicates hefll yield.

SenaEor Joyce, I have a car that Will not run on ethanol. the temperature gets over ninety deqress, it runs too hot, and have to take it in for repaàrs. Will I have to go across the border now to Wisconsin: which is adjacent to my dtstrict: and buy gasoline for my car before I come to Springfleld?

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Joyce. l96  SNATE OE ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l: 1991

What kind of car do you have?

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

I have a Chevrolet. PRESIDING OFFICER: (SENATOR D'ARCOI Senator Joyce.

In the General Motbrs manual it says that they will burn ethanol. And, in fact, General Motors and Chrysler are both coming out this year saying that that is the recommended fuel. So I you know, perhaps youlve got something else wrong With your car when it gets over ninèty degrees.

PRESIDING OPFICER: (SENATOR D'ARCO) A1l right. Senator Raica.

Do yau -- Mr. President and Ladies and Gentlemen of the Senate. would hate to ' disagree-with Senator Geo-Karis and those who stated that there is substantial lower pollution with gasohol. Butz on the contrary, in today's Tribune, states: ''requiring gasohol usage in Illinois actually could Worsen air quality. Burning gasohol does reduce carbon monoxide emissions . But the problem in Illinois' largest metropolitan areas is ozone. Numerous studies by federal and State environmental agencies have shown that gasohol produces more nitrous oxide emissions than regular gasoline, leading directly to more ozone smog and respkratory diseases.'' So# Senator Geo-Karis, your seventy car will run great, ekcept you won't be around to enjoy it. And have to agree with Senator Holmberg, don't have a seventy car. have a high performance machine. And mine does not run on gasohol or ethanol. refuse to put in. And for us to sit l97  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 here and say everybody should put it in their cars is wrong. And I don't think this does anything but for the corn farmers. And: quite frankly, I think We should just do what we have to do and vote this one down.

PRESIDING OFFICER: (SENAYOR D'ARCO) All right. Senator Donahue.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. have a question of the sponsor.

PRESIDING OFFICER: (SENATOR D'ARCO) He indicates hefll yield.

Jerry -- or pardon me, Senator Joyce. In -- we were talkin: in in committee about the ozone layer and how the -- know . Come on: guys. Let's just calm down. It's serious buslness. We Were talking about hoW We' have tWo types of areas that have problems with pollution. We had a carbon monoxide area which gasohol tends to contribute favorably to. Illinois contains two areas in this State that are nonattainment areas in the ozone. And can you say that gasohol contributes favorably to the ozone area?

PRESIDING OFPICER: (SENAYOR D'ARCO) A1l right. Senator Joyce. END OF TAPE TAPE 5

Yes, thank you, Mr. President. Senator Donahuey this sheet of paper that I passed - out at the bottom of the page - it's the 198  I I I STATE 0F ILLINOTS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 USEPA testing formula qasoline, EPA contract number so and so, by the Southwest Research Institute, San Antonioy Texas, regarding ozone formulation: ''This study shows that the net hydrocarbon emissions from new vehicles is lower With ethanol than with other fuels and in oetane adjusted basis, even with the kncrease in evaporated emissions ineluded. This reduction in hydrocarbon emissions, plus the carbon monoxide emissions reductions, plus reactivity adjustments hopefully may offset the effect of the increase in the N-O-X, NOX emissions on the ozone formula.'' Now, where everyone is getting. this -- this information about the fact, you know, that the o'zone is going to be hurt by this is from this Skerra Research Comgany. Now, not to be confused, 1 mkght polnt out, frcm the Sierra Club. The Sierra Research Company is an arm of the oil company. Thkydre the ones that are doing their research. I would guess that theydre probably the same ones who said the Exxon Valdez, When that spilledy was probably qood for those seals up there. So, you know, 1Im not so concerned about that. I think the major oil companies are making their point in thls debate, and -- you know, there 's a 1ot of falsehoods going around about ethanol.

PRESIDING OPFICER: (SENAYOR D'ARCO) All right. Senator Donahue. SENATOR DONAHUE: ' Thank you, Mr. President. I would say that What you just read says, ''Tbis reduction in hydrocarbon emissionsw plus the carbon monoxide emission redbckions, plus reactlvity adjusEments, hopefully may offsetv'' And I think that's an important word, and I think to indicate that it's just the Sahara <sicl (Sierra) Club and that this is a group, an arm of the big petroleum industry is not true. Again, 1.11 quote the Chicago Tribune hoday, and it says that, ''Numerous studies by federal and State environmental agencies have sbown that gasohol produces more nitrous oxide 199  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 emissions than regular gasoline.'î So, I think that is a question that we can't answer, and that's the problem. We are getting ready to mandate the use of gasohol. And believe me, I have a farm area, a rural area, and I support gasohol. But to mandate this that every gallon would have - is a little bit unconscionable to me. And it's the mandate, more than the gasohol, that I object to, and I would vote No.

PRESIDING OFFICER: (SENATOR D'ARCO) Al1 right. Senator Watson.

Thank you: Mr. President. -- just a comment or two and possibly a question on the -- the information that was sent around by Senator Joyce. just looked it over here, and it does say here in the second paragraph, it says, ''The overall impact appears to present a slightly negative - i.e. gasohol inereases ozone a small amount.'l The problel with all this is, and the Illinois Environmental Protection Agency in the Committee hearing actually said that there isn't really any concrete solution, evidence, or -- one way or another in this partieular issue. I mean, they're just not sure, and I think every time we get a report somebody says somethâng a little bit different. Now, I come from one of those areas thatls considered out of compliance in the ozone emission and, as a result, all our automobiles are being tested in khe metro-east areà. And any of you Who don't have that being done now feel -- be qrateful, because it is a tremendous burden for tbe individuals ' to have to go Ehrough and have Ehese automobiles tested. If we end up putting more and more areas of the State out of compliance beeause of issues such as thts, of the gasohol issue' just think we're asking for more and more problems. And thlnk the EPA would be glad to create probably more and more probleïs for us. And I just think your own -- their own study here has some confusion as to What the impact mlght be. 200  STATE OP TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day' May 2l, 1991 mean, support the corn growers, and I have a lot of them in my district, but I think the marketplace is# quite honestly, where this belongs. Let the -- let the marketplace dictate the -- the - - the particular inMredients that's going to be in the gasoline. Don't mandate it on the -- on the petroleum industry. Sa, I would urge a No vote.

PRESIDING OFFICER: (SENATOR D'ARCO) A1l right. Senakor Welch. SENATOR WELCH) Question of the sponsor.

PRESIDING OFFICER: (SENATOR D'ARCO) He indicates he'll yield.

Senaeor Joyce, has anyone talked to the Federal EPA as ko whether the passage of this bill and the use of more ethanol would impact the agreement reached in the Chicagoland area concerning nonattainment of tàe area? Nould tbis make it worse and end up with the Pederal Government saying that Wedre going to take away the three hundred and fifty million dollars we threatened? Has anybody aetually talked to the Federal EPA?

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

Well: yeah, wefve talked to them and theyfre not sure. They #re not sure whak -- what the result will be.

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Senator -- SENATOR J .J. JOYCE; You know, what they -- everyone says is that anything, any fuel that automobiles or any other combustion engine burns pollutes the atmosphere. I might just point out - the Tribune has been used here a little bit - and just to point out a feW of the 20l  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 2l, 1991 things in this that are pretty interesting. It says, ''In addition: the dealers who sell gasoline mixed With ethanol will get a continuin: two eents a gallon tax breaka'' Well, that's not right. Why would you want to give anyone a tax break when you mandate it? We don't have to do that. So it says that, ''Joyce 's ethanol mandate Would raise that to an eighty million dollars aceording to the Illinois Department of Revenueo'' That's absolutely wrong. I have the fiscal note right here where it says it's not goin: to cost anything until the year 2002. Now there were some -- some -- some of these that were floated around and passed out by the oi1 compankes that Were wrong, and they've since corrected them. Aiso, another one of their -- thing says, ''Bob Dole, Republican of Kansas. They had ko appease him because he comes from the corn power broker state.'' They raise wheat in Kansas, folks - from the Tribune. I mean, just something they ought to think about. Alsoz it says that, ''He knows that a coalitlon of farmersy ethanol produaersp consumer advocates and environmentalists convinced Congress last year to change the Clean Air Act.'f Now, isn't that strange that the environmentalists were involved in this? Every environmental group in the State of Illinols are for these bills, but the only one the only environmental group who is opposed to them is the oil eompany's their environmental group opposes it. Everybody else is for khem.

PRESIDING OFEICER: (SENATOR D'ARCO) Senator Jacobs. SENATOR JACOBSZ Thank you, Mr. President, Ladies and Gentlemen of the Senate. I stand in strong' support of this bill. You know, let's even assume that Senator Joyce and Senator Raieafs comments are correct that cars donlt run as Well, et cetera, on ethanol. This doesn 't go lnto effect until 2002. T hope that even by that time the auto manufacturers, if those arguments are correct, even they 202  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 should be able to adjust by that time, even though they haven't in many other areas where technology has passed them by. T think the main crux of the matter here is that we have been using gasoline since the beqinninè of ears. The qasoline industry has a tremendous stake in this. But, folks, gasoline just hasn't been cutting it. It's giving us the ozone; it's giving us the earbon dioxide. Anythknq we can do to help break that up a little bit, think, is fine. I think the oi1 companies are really a little b1t misguided in being concerned with this. In fact: if anything, think this is going to add to their integrity, and I think itls going to add to their believability if they would eome out in favor of this. Because otherwlser they are asking us# just as Senator Geo-Karis has said, to be dependent on foreign And we just lost lives over there to make sure that wedre not going to be dependent on that. And I stand by my good friend, Senator Geo-Karis.

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

Well, thank you, Mr. President. I -- I've eertainly been a supporter of ethanol. The biggest problem I have# I guess, is with the manufacturers of ethanol. I have a friend that is a distributor of gasoline. He tries to buy ethanol in Illinois. He finds that he has to pay a good bit more than customers being sold in Minnesotae Iowa and Indiana have to pay. NoW if We start mandatin: that we use this at a cer*ain percentage, What is -- what in this bill is goin: to protect those independents who try to buy ethanol to blend with their gasoline? They have to pay ten, fifteen cents a gallon more in Illinois where it's manufactured than pepple in Iowa, Minnesota and Indiana. This is What bothers me. Tt's bothered me for years. And I was in on the initial diseussion when ùe put on the subsidy. And I was assured 203  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY FEGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 by Pekin Energy and others that they uanted this subsidy in order to develop capacity in Illinois. But the manufacturers certainly haven't treated Illinois blenders and independents fairly. Sa, I'm that's what concèrns me. And what, in your bill, Senator : Joyee, can protect Illinois merchants who are trying to produce and sell ethanol gasoline to support Illinois farmers?

PRESIDING GFFICER: (SENATOR D'ARCO) Senator Joyce.

Thank you. Wekl, what it does - how it would help Illinois 1 producers and manufacturers - it would make a stable market out there. There would be a eertaln percentage of the gasoline that would use ethanol. So, as it is currentlyy those people that are producing it are -- are relylng on that tax, the tax incentive, to be continued. And theyfre not Bure, so they don't go out and invest the amount of money that lt would take to develop a stable market. If tbis bill j 1 asses, then they can go out, build those facilieies and have a stable market, and that should bring the priee down.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Geo-Karisz for the second time.

I apologize for speaking a second timey but some of the remarks that have been made here are really shockinq to me. First of all, gasoline is made with benzene. They ean substitute alcohol Euel for knstead of benzene. because benzene is careinogenesis. I've been to a lot of seminars, one in in New Orleans that late Senator Shapiro sent me when he was Minority Leader, uhêre people came from a11 over the World. hnd me tell you, ethanol alcohol ls a source of energy and a good one. It reduces carbon monoxidè which is a very bad thlng. And not only that, it doesn't hit the ozone as bad. It is cleaner; it's 204  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Qth Legislatkve Day May 21, 1991 ' more efficient; it's less pollusive; and I't's a source of energy. And Tllinois could be the energy capital of the whole country if we'd move ahead. I think the bill ls good and we should support it. I'm tired of being d# 'pendent on Middle East, and I'm tired of the oi1 companies runninj the country. It's high time the people had something to say about Let's vote for this bill.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Joyce, to close. SENATOR J.J. JOYCE:' Thank you, Mr. Pbesident. Well, a 1ot of this -- a 1ot of it's been said here, but I think -- a couple of things that I want L to touch on - that this would be such a tremendous boon for the State of Illinois, not only downstate and farmers, but all over. It would create a lot of jobs, and it would be -- would be very much appreciated by the people in downstate Illinois if we could get some -- some very strong support from the more urban areas. And I think one thing that hasnft been said and that's the we 've talked about the cost. You know, when they figure in a1l of 7 : . t:e costs for oil, when we have -- we just sent five hundred thousand young American men and women over to the Gulf. What was that for? That Was for oil. The cost on that was tremendous. And to be able to be independent of that would be something that Would be just of tremendous importance for the State of lllinois. And you knowz I guess to close 1'11 just make one comment. I've never heard of anybody fighting a war over corn. So, appreciate ; an Aye vote.

PRESIDING OFFICER: (SENATOR D'ARCO) The question is, shall Senate Bill 1361 pass. Those in favor vote Aye. Opposede Nay. The voting is open. Have all voted who wished? Have al1 voted who wished? Have all voted who wished? Have a1l voted Who wished? Take the record. On that question, there are 33 Ayes, 2l: Naysy 2 votinq Presente and Senate Bill I 205  ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 30th Legislative Day May 2l, 1991 1361, having received the required constitutional majority, is hereby declared passed. 1363. Senator Joyce. Senator Joyce. SENATOR J .J. JOYCE: Thank you very mueh, Mr. President. PRESIDING OFFICER: (SENATOR D'ARCO) Read the bill, Madam Secretary. SECRETARY HAWKER: Senate Bill 1363. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR D'ARCO) Senator Joyce. Senator Joyce. SENATOR J.J. JOYCE: Thank you, Mr. President. This one extends the -- the tax exemption on gasohol for five years, until 1998. This is very similar to Senator Woodyard's bill, except that his bill went to the year 2000, I believe. PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, the question is, shall Senaee Bill 1363 pass. Those in favor: vote Aye. Opposedz Nay. The voting is open. Have a1l voted who wished? Have al1 voted who wished? Have all voted Who Wished? Take the record. On that question, there are 37 Ayes, 12 Nays, none voting Present. And Senate Bill 1363, having received the required constitutional majority, is hereby declared passed. Top of Page 24. 1364. Senator Joyce. Read *he Bill, Madam gecretary. SECRETARY HAWKER: Senate Bill 1364. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR D'ARCO) Senator Joyce. 206 !  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 SENATOR J.J. JOYCE) Thank you. This -- Mr. President, this requires the Secretary of State to include materials containing information on the benefits cf gasohol in their registration renewal and expiration notices and so forth and requires ENR to develop an education program for retailers and consumers for the benefits of using gasohol. Perhaps it Would help Senator Holmberg with her automobile.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, the question is, shall Senate Bill 1364 pass. Those in favory vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wished? Have a1l voted Who kished? Have a1l voted *ho Wished? Take the record. On that question, there are 44 Ayes, 4 Nays' , none voting Present. And Senate Bill 1364, having received the required constitutional majority, is hereby declared passed. 1365. Senator Joyce. Read the bill, Madam Secretary.

Senate Bill 1365. (Secretary beads title of bill) 3rd Reading of the bill. PRESIDING OFFICZR) (SENATOR D'ARCO) Senator Joyce.

Thank you, Mr. President. This one amends the Consumer Praud and Deceptive Business Practices Act to mlsrepresentation of the effects of gasohol use. It prohibits persons from making any false or misleading statements regarding gasohol.

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Any discussion? If -- Senator Hawkinson.

Thank you, Mr. President. I've supported all of your bills: 2û7  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ût* Legislative Day May 21# 1991 Senator# but I have a couple of questions about this. Obviously, thereîs some debate -- there is some debate about the effects of gasohol. We've heard quoted from the Tribune today and others. assume that today's editorial, in your jud:ment, would not be -- subject them to these criminal penalties, Would they?

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

No, but probably tbey ought to be.

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

Well, trying to raise a serious question here. There is obviously some some debate over certain aspeets of -- as Senator Holmberg and otbers have ïndicatedy and I tend to favor your position on these, but I don't want to be subjecting people to criminal penalkies either where there's a legitimate difference of opinton. And I -- I'd just like to hear what the language is of the bill itselfy so that we're not overreaching here in the area of our criminal law.

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

Yes, Senator, seriously, it deals with warranties, and that's what it that's what it's limited to. An Illinois ethanol supplier Was told that a servlce manaser at a loeal car dealer told a long-time customer his Warranty eould be invalidated if he burned ethanol. You knoww and that's just not the case. So# it deals with warranties.

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

208  STATE OF ILLINOIS 8?th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSPRIPT 30th Legislative Day May 2l, 1991 should have been listening: and I was commenting to my good friend, Geo-Karis, on my left here. Senator Joyce: does this have anything to do - obviously you heard Senator Holmberg and I speak about our automobiles. Does this have anythin: to do with -- if our ownerls manual or Whatever suggests that we don't use ethanol in the car? I mean, would that be considered -- considered misleading or deceptive? PRESIDING OFFICER: ' ISENATOR D'ARCO) Senator Joyce. SENATOR J .J. JOYCE) No. It's -- if your owner's manual said you can use it and your dealer said you cannot.

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

0ne more time -- if the -- if -- if the -- let's just say the dwner's manual suggests that we don't and the and the dealer says that -- he highly recommends that we don't. Is that -- go ahead, Senator.

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

If the owner's manual says don't use it, don't use it. That's not deceptive.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. The question ise shall Genate Bill -- Senator Butler.

Thank you, Mr. President. Will the Gentleman yield, please?

PRESIDING OEFICER: (SENATOR D'ARCO) Yeah, he indicates he will.

2û9  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30*h Legislative Day May 2ly 1991 Following your answer to Senator Raica, I'm more confused than ever. Who is thig aimed at? Is it aimed at the kid at the gasoline pump who might make some sort of a comment that gasohol is not good? And it says l'misrepresentation.l' Is there some legal procedure that someone would have to qo through to prove this up? It seems to me that it's wide open.

PRESIDING OFEICER: (SENATOR D'ARCO) Senator Joyce.

Well, 1et me just read from the bill. It says, ''Misrepresentation of effect of use of gasohol on motor vehicle Warranties. No person shall make any false or misleadin: statements or representations to any person concerning the legal effect cf the use of gasohol as a motor vehicle fuel on the adaptability of any coverage under a warranty made with respect to a motor vehicle.''

PRESTDING OFFICER: (SENATOR D'ARCO) Senator Butler. SENATOR BUTLERI Are we at eross-purposes now, Senator? We juse got through mandating it. Now wefre going to say it's misrepresentation, Would presume: in some form if the oWner's manual said not to use What's the -- how are you going to get around that? HoW is Senator Raica going to run his car now?

PRESIDTNG OFFICER: (SENATOR D'ARCO) Senator Joyce.

Well, I don't believe that there's any owner's manuals out now in new ears that say you can't -- or that you cannot burn ethanol. And by the year 2002 I would be quite certain there wouldn't be. PRESIDING OFFICER: ' ISENATOR D'ARCO) Senator Butler. Al1 right. The question is, shall Senate 2l0  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 Bill 1365 pass. Those in favor, vote Aye. Opposedz Nay. The voting is open. Have a11 voted Who wished? Have all voted Who Wished? Have a11 voted who wished? Take the record. On that question, there are 36 Ayes, 14 Nays, l voting Present and Senate Bill 1365, havin: received the required constitutional majority, is hereby declared passed. Senator Watson, for what purpose do you arise?

Yes, thank you, point of personal privilege.

PRESIDING OFFICER: (SENATOR D'ARCO) State your point.

Thank you. Inadvertently, I was voted No on Senate Bill 1363. was off the Floor, and I'd like to have the record indicate that had I been here I would have voted Yes.

PRESIDING OFFICER: (SENATOR DIARCO) The record will so reflect. 1372. Senator Philip. Read the bill, Madam Secretary.

Senate Bill 1372.

PRESIDING OFFICER: (SENATOR D'ARCO) I'm sorry. I'm sorry. SECRETARY HAWKER: ' (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1372 requires the Department of Central Management to study a comparison of servlce performed by the private entity versus the State agency. Be happy to answer any i STATE OF ILLINOIS i 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT I 30th Legislative Day May 2l, 1991 I questions, and ask for a favorable votq. PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? Senator Jacobs. SENATOR JACOBS: Yes, thank you, Mr. President and Ladies and Gentlemen of the Senate. Will the -- will the sponsor yield? PRESIDING OFFICER: (SENATOR D'ARCO) He indicates he will. SENATOR JACOBS: Is this a -- would this be considered a privatization type of legislation, Senator, or is this just a study to determine if we do a better job than the private sector or vice versa? PRESIDING OFFICER: (SENATOR D'ARCO) Senator Philip. SENATOR PHILIP: I guess you could -- you could describe it that way. Al1 wedre sayinq is if there is a Way to save the State of Illinois and the people money and Qe can do it out in the free enterprise system, we ought to be able to have a chance of doing it. PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Any further discussion? Senator Jacobs. SENATOR JACOBS: Yeah: I'm sorry. Just real qulck then: just to -- this would establish a cost comparison. It wouldn't necessarily mean that you would have to accept one or the other. This would just establish that cost comparison? This bill does not mandate that you accept either the lower of the two or whatever the case may be? ' PRESIDING OFFICER: (SENATOR D'ARCO) Senator Philip . SENATOR PHILIP: That is correct, Sènator. A11 it does is -- they're 212  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 recommending to us - Whether Wedll ever do it or not - who knows?

PRESIDING OFPICER: (SENATOR D'ARCO) All right. The question isy shall Senate Bill 1372 pass. Those in favor, vote Aye. Opposed: Nay. The votin: is open. Have a11 voted who wished? Have all voted Who Wished? Have al1 voted Who wished? Take the record. On that question, there are 51 Ayes: no Nays, none voting Present, and Senate Bill 1372, having received the required constitutional majority, is hereby declared passed. 1377. Senator Hawkinson. Read the bill, Madam Secretary.

Senate Bill 1377. (Seeretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President. Senate Bill 1377 would allow Illinois prosecutors to use nuse immunityd'. We passed this bill in the Senate last year, Senate Bill 2105 by a vote of 49 to 2. Prior to my tenure here, Senator Sangmeister passed this bill twice out of the Senate and the result has been the same the House has not approved it. Two years agoz Senator Berman introduced similar legislation. Right now in Illinois, in order to grant immunityz a prosecutor has to qrant complete immunity, what is called ''kransackional immunityfl in Illinois. That means if you're going to use the testimony, you have to give that person absolute immunity from the charqe. ''Use immunity'' would allow, as is done in the federal system, a prosecutor to obtain evidenee of the guilt of an individual, to seal it before a court so that he or she can prove that they had independent evidence of guilt, and then to grant someone ''use immunity'' so they could take them 2l3  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 before the grand jury. They could not use that testimony against that person or any fruits of that testimony; that is, anything that that testimony leads to. And that reason that they're able to establish that in practice is that they commonly seal the evidence that they already have before they take that testimony. We've passed it overwhèlmingly before. Senator Daley has a somewhat more limited version of that bill that also a 1 co-sponsor of. But I would urge us to adopt this again and perhaps the House will have a different view this year.

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Any discuàsion? If not, the question is, shall Senate Bill 1377 pass. Those in favor, vote Aye. Opposed, No. The voting is open. Have al1 voted kho wkshed? Have al1 voted who wished? Have a1l voted who wished? Take the record. On that ! question, there are 50 Ayesz l Nay, 2 voting Present, and Senate Bill 1377, havin: received the required constitutional majority, is hereby declared passed. Senate Bill 1390. Senator Barkhausen. I Read the bill, Madam Secretary.

Senate Bill 1390. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICER) (SENATOR D'ARCO) Senator Barkhausen.

Mr. president and Members, Senate Bill 1390 includes, among the offenses for which nonconsensual wiretaps can be conducted for investigative purposes, a'list of offenses which basically include the most serious felony offenses. We, by amendment, limited this opportunity for prosecutors and 1aw enforcement officials to use this ànvestment -- investigative advise to eighteen for eighteen to actually twenty months. It would extend to September 214  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21z 1991 of 1993. IId be happy to answer your questions . know there is occasionally a little bit of controversy on this subject matter, but I would -- I would point out again, as the proponents of this legislaeion have in the past, that federal law already applies to a whole range of the most serious offenses. So that is# in esseneee what We are attempting to do With this leglslation.

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

Xes, would the sponsor yield?

PRESIDING OFFICER: (SENATOR D'ARCO) He indicates he willo'

Senator Barkhausen, the eurrent 1aw is limited to violations of the Controlled Substance Trafficking and the Controlled Substance Act, is that correct?

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Barkhausen. SENATOR BAREHAUSENJ Yes. PRESIDING OFPICER: (SENATOR D'ARCOI Senator Cullerton.

ïou -- youdre extending this to cover a11 Class X, Class 1 and Class 2 felonies and then you add additional violations that would be eovered. What are -- what are some of the offenses that some of these other violayions? There's 12.6, 32.2, .3, .4, 4(a). What are those?

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Barkhausen. SENATOR BARKHAUSEN) They include - I'm not sure that this list is comprehensive, 215  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 3Qth Legislative Day May 2l, 1991 but they include intimkdation, perjury, subornation of perjury, communication with jurors or witnesses, harassment of jurors or witnesses, bribery to excuse jurors, tampering with public records or official misconduct.

PRESIDING OFFICER: (SENATOR DIARCO) Senator Cullerton.

Official misconduet and bribery are included. Let me ask you this. There's a hundred and two State's attorneys in the State. Isn't it possible to g6 to any one of them and obtain a wirekap and then take that wiretap and go into any other county?

PRESIDING OFFICER: (SCNATOR D'ARCO) Senator Barkhausen.

honestly don't knoW the answer to that question, Senator.

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

I think the answqr is yes. And I think that itls a deficiency in your statute. Yo' u can go to Putnam County - I don't know what the population is, but I think it's the smallest - you could obtain a -- five thousand people -- you could obtain a wiretap from that partieular Statp's atkorney and since -- ehen you can go up to Sangamon Countf and maybe put a little of these Wires, maybe in some of the secretaries' desks and say you fre fishing around for offieial corruption and bribery. And khere's no limit on it. When we passed this law, we were promised that this was soins to be limited to the fight on drugs: the War on drugs. And we talked about the incredible abuses that could take place as a result of the politics of the methods by which these State's attorneys :et elected. And I think that's a real deficiency, and I think it's something that people shoùld think twlce about when they extend 216  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 2l, 1991 to a11 these -- these offenses.

PRESIDING OFFICER: (SENATOR DIARCO) Senator Rock.

Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. suppose that in any given Calendar where youdve got three or four hundred bills on the Calendar, there has to be a clinker. This takes the cake. Thls is one that ought to be rejected out of hand. We argued on this Floor and they argued across the rotunda about the authorization for nonconsensual wiretapping with respect to drugs and We were assured, by virtually everyone who was interested in the passage of thak legislation, that the war on drugs was bigger than al1 of us. And so we eould, in fact, suspend the civil rights of our constituency and afford thls kind of opportunity for the law enforcement officials. Question of the sponsor, Mr. President.

PRESIDING OFFICER: (SENATOR D'ARCO) He indicates he'll yield.

HoW many --

PRESIDING OFFICER: (SENATOR D'ARCO) Hello.

Hello. How many times has this law, this authorization, been used since this authority Was granted?

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

really don't know, Senator Rock, because there's been no official reporting to us or to the Administrator of the Court System or the Supremp Court, as yet. So, there's really no way of knowing. 217  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991

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

The answer to the best of my information, it has not been utilized at all. And I think everybody will admit we are probably losing the war on drugs. And I suggest to you that before that State's attorney or any one of the hundred and ewo or the -- or the Chief of the State Police or any law enforcement person comes back to this Body and says: 'IWe want the authority to for nonconsensual wiretapping'' - now they've got a laundry list. And so What We're qoihg to do is afford the hundred and two State's aetorneys the opportunity to be Inc. and Sneed and a11 those other gossip the National Enquirer and just literally engage in open-ended fishin: expeditions and, I suppose, to the detriment of the war on drugs, which is what this is all about in the first place. didn't support that authority then. And now, to enlarge it to the point wherè it's wide open just seems to me to be an absolute abdication of our responsibility and, more importantly, an abdication of our responsibility to the constituents that we took an oath of office to -- to protect. This is absolutely terrible, and I would urge an overwhelming No vote, so that we ean put this baby to rest once and for all. PRESzDING OFFICER: t (SENATOR DfARCO) Senator Marovitz'.

Thank you very much: Mr. President and Members of the VenaEe. When this bill came up in the -- in committee -- in the Judiciary Committee, I asked the witness from the Cook County State's Attorneys Office about the bill that We passed allowing this for drugs and hoW oftqn that had been used and what was the experience, so We had some empirical evidence to declde whether we wanted to expand that. And he said, ''To my knowledge, it hadn't 2l8  STATE OE ILLINOIS 87th GENERAL ASSEMELV REGDLAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2lg 1991 been used,'' as Senator Rock mentioned. Well, the fact is# if we don't have any experience on drugs, which is our number one war in the crime area: why ' are we expanding now? We don't know what's l going to bappen, how it'g goinq to be used or abused and we -- we would like everything foeused on the dru: war. Why are we expanding -- and it's going to take a lot of resources. This equipment is very expensive. It's going to take more manpower to overhear all these conversations. Why arenft we focusing on the dru: issue, which haàn't been used yet and which they promised usy When this bill Was pàssed, that it was just going to be for drugs, not expanded and we 'd seetwhat the evidence and the experience was when we used it in d' rugs?' We've seen no evidenee, no experienee. This is too great an expansion. It goes too quickly. Let's slow down and let's attack the war on drugs and use the nonconsensual eavesdropplng for the var'on drugs that it was intended to be used for, instead of br#nching outz diminishing our limited resources and not focusing on the drug War Where it should be. PRESIDING OFFICER: : (SENATOR Dlapco) Senator Hall.

I just wanted to ask the Chairman of that Judieiary Committee how what was the vote on that bill when it came out of commitkee? PRESIDING OFFICER: ' ISENATOR D'ARCO) Senator Marovitz.

He 's not the Judiciary --

PRESIDING OFFICER: (SENATOR D'ARCO) 0h, I'm sorry. Who is the Chairman? I dondt -- Joyce.

Well, I meanp he -- he Would know. It was his bill. He could tell. 2l9  STATE OF ILLTNOTS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Barkhausen, What Was the vote?

5 to 3.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Barkhausen, to close.

Mr. President, in closing, let me just quickly point out a couple of things. In the first place, before one of theze wiretaps can ever be conducted, there are a number of procedural hoops that need to be complied With. In the first instance, the 1aw enforcement official has to go to the State's attorney and get his or her approval.' State's attorney then has to go to the judge and get his or her approval - in the process of doing so has to establish to the satisfaction of the court that there is probable cause to believe that one of these enumerated crimes is being committed. So, it is not some sort of arbitrary decision made on - - single-handedly on the'part of a law enforcement official or a State's attorney to deeide to qo on some -- what's been described as some sort of a fkshing expedition that miqht arguably put somebody's rights ah peril -- in peril. There has to be probable cause and that is not an easy thin: to establish. Seeondly, these are a11 serious offenses that We're talking about here. Granted, we collectively thought that the range of drug offenses was the best reason to -L to authorize this investigative means, but t what about -- what about murder, for example? Do you wan: to continue to tie the hands of our law enforcement officials in investigating murder because we're -- we're so sensitive about civil liberties that we don't think there should be wiretaps to investigate a murdey? Well, that -- that is collectively what so far We have denied oùr Stàte's attorneys and our law enforcement officials the right to do. Let's get serious people. Who 's side 220  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 are ke on? ask for a favorable roll call. PRESTDING OFFTCER) (SENATOR D'ARCO) All right. The question ise shall Senate Bill 1390 pass. Those in favor: vote Aye. Opposed, No. The voting is open. Have al1 voted Who wished? Have all voted who Wished? Have al1 voted Who kished? Take the record. On ehat question, there are 31 Ayesg 24 Nays# none voting Present. And -- and Senate Bill 1390. having received the required constitutional majority, is hereby declared passed. Senator Rock.

Request a verification, Mr. President.

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. There has been a request for a verlfication of the affirmative roll. Will the Seeretary please call the affirmative roll.

The followinq Members voted in the affirmative: Barkhausenz Butler, Daley, Davidson, Donahue, Dudycz: Ralph Dunn. Etheredge, Priedland, Hawkknson, Hudson, J.E. Joyce, Karpiel: Keats, Kelly: Lechowicz, Madigan, Mahar, Maitland, Philip, Raica, Rigneyy Schaffer: Schuneman, Severns, Topinka, Watson, Weaver, Welch, and Woodyard. PRESIDING OFFICER: (SENATOR D'ARCOI K11 rkght. Do you questkon tbe presence of any Senatorz Senator Rock?

Senator Schaffer.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Schaffer. He is waving his hand.

Proudly, I'm sure. I have no further questions.

PRESIDING OFFICER: (SENATOR D'ARCO) 221  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21# 1991 Thank you. The roll has been verified. Senate Bill 1393. Senator Marovitz. Read the bill, Madam Secretary.

Senate Bill 1393. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you very much, Mr. President and Members of the Senate. Senate Bill 1393 requires the court to determine if it's in the best interest of a child to maintain a sibling contact after termination of parental rights. If the court determines that is in the best interest of the child, then the court may order continued contact between the child and his or her siblings followin: termination of parental rights. Ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, the question is# shall Senate Bill 1393 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have al1 vbted =- have al1 voted who wish? Have a11 voted Who wish? Have al1 voted who wish? Take the record. 0n that question, there are 53 Ayes, no Nays, none voting Present. And Senate Bill 1393, having received the required constitutional majority, is hereby declared passed. Senate Bill 1409. Senator Berman. Read the bill, Madam Secretary.

Senate Bill 14091 lsecretary reads title of bill) 3rd Reading of the b$l1.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Berman. 222  STATE OF ILLIHOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3:th Legislative Day May 2l# 1991

Thank you. Nhis is a Legislative Reference Bureau codification Act. Be glad to respond to any questions and ask for your affirmative --

PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If noty the question is, shall Senate Bill 1409 pass. Those in favor, vote Aye. Opposed Nay. The voting is open. Have a1l voted Who Wished? Have a11 voted who wished? Have a1l voted who wished? Take the record. On that question, there are 53 Ayes, l Nay, none voting Present. And Senate Bill 1409, havin: received the required eonstitutional majority, is hereby declared passed. 1420. Senator Rock. Read the bill, Madam Secretary.

Senate Bill 1420. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENAiOR D'ARCO) Senator Rock.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1420, ab amended, is an amendment to the School Code, and this proposal came out of the Education Committee unanimously. As you will recall, currently we allow up to allow the State Board of Edueation to utilize up to five percent of the money for early childhood education in the form of qrants for research and personnel training at public colleges and universities. This bill Would allow private colleges and universities the opportunity, if ' the State Board debides,J to also participate in thls grant program. To date/ I call tell you that the Stake Board has not yet implemented this Section, but the fact is that this was requested by Rosary College, next door to my district, on the 223  ' I j STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 basis that the public universities simply do not have extensive enough programs to -- for early childhood education certification. I know of no objection/ and I would appreciate a favorable vote. PRESIDING OFFICER) (SENATOR D'ARCO) Any discussion? If n6t, the question is, shall Senate Bill 1420 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wished? Have all voted who wished? Have al1 voted who wished? Take the reeord. On that question, there are 56 Ayes. no Nayà, none voting Present. And Senate Bill 1420: having received the required constitutional majority, is hereby declared passed. 1425. Senator Barkhausen. Read the bill, Madam Secretary.

Senate Bill 1425. (Secretary zeads title of bill) 3rd Reading of the bill.

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

I want to assure the Membersz Mr. President, this is not a clinker. It amends two separate provisions of the Criminal Code. It codifies the 1aw With regard to entrapment and it represents a - - kind of an agreed bill between both khe Bar Associatlon and the Cook County State's Attorneys' Office. It -- on the other hand, it creates a certification process for analysis reports relating to -- coming from forensic drug labs. The administration feels thae there needs to be a certification process for lab -- laboratories that are eng#ged in this type of Work. And I ask for a favorable roll call.

PRESTDING OFFTCER: (SENATOR D'ARCO) Any discussion? If not, the question is, shall Senate Bill 1425 pass. Those in favor, vote Aye. Opposed, Nay. The voting ! 224  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l# 1991 is open. Have al1 voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take khe record. 0n that question, there are 54 Ayes: 1 Nay, none voting Present. And Senate Bill 1425, having received the required constitutional majority, is hereby declared passed . Senate Bill 1427. Senator Macdonald. Read the bill, Madam Secretary.

Senate Bill 1427. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President. This is an administration bill. Actually, it is a shell bill that was put out hopefully to address the fee per reactor schedùle between the Department of Nuelear Safety and the utilities. They have not come to an agreement yet. This bill came out on the Agreed Bill List from committee, and would like to keep it alive and pass it on over to *he House in the hopes that there ean be some agreement made by the utilities and by the Department.

PRESIDING OFFICER: (SENATOR DIARCO) A1l right. Any discussion? If not, the questlon is, shall Senate Bill 1427 pass. Those in favor, vote Aye. Opposed, No. The voting is open. Have:al1 voted Who wish? Have a11 voted who Wished? Have a11 voted who wished? Take the record. On tha: question, 57 Ayes, no Nayse none voting Present. And Senate Bill 1427, having received the required constitutional majority, is hereby declared passed. 1438. Senator Welch. Read the billp Madam Secretary.

Senate Bill 1438. 225  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 21# 1991 lsecretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President. What this bill does is allow the use of bazardous waste funds to cover the cost of annual medical checkups to former employees of Superfund sites - businesses that were operated on Superfund sites. We are still negotiating with the Department of Public Health. They think that they may be able to find money from the Federal Government to pay for a1l of this, and I've agreed to -- if we get over to the House to try to amend it in the House to reflect either money they find or narrow 1 the bill to particular Superfund sites so that we have a better handle on exactly how much the bill will cost. My estimate of the cost of the bill is less than twenty thousand dollars , all of which would come out:of a:Ilazardous Waste Fund or the Superfund ' itselfe which deals with juperfund sites. PRESIDING OFFICER: ' ISENATOR D'ARCO) Al1 right. Any discussion' ? Senator Fawell.

Youdre saying, Senator Welch, that -- tha: anyone who has worked for longer than a year as an employee will be able to get money to check up on their on their health? Is that the idea? PRESIDING OFFICER: , ISENATOR D'ARCO) : Senator Welch.

Anyone who worked at a designated Superfund site that's being cleaned up, and worked there more than one year, would be allowed an annual medical exàm to see if the effects of working on the Superfund site had an effpct on their system. PRESIDING OFFICER: Z ISENATOR D'ARCO) 226  I I STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 A11 right. Senator Pawell.

Are you talking, for instaneey about the Kerr-McGee cleanup? Was that included?

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

When we amend the bill in the House, it probably will not be included. The Department of Public Health does not want to include very many sites, and they asked that the bill be restricted to actual sites in which there Was a building in which people were working as opposed to dumping tallingi in a mound outside of a building.

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

Well, the reason I'm asking the questiony that partieular company was going for something like a hundred and twenty-five years and, at oneJ timè I think# employed half the City of West Chicago. There are ïiterally hundreds of employees that Will be covered by this bill. And if you're talking about twenty thousand dollars - that's going to be a drop in the bucket.

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

That's why we're going Eo amend the Lill in *he House, Senator, is to restrict the number of people who are subject to it. Basically, We 're looking for groups of people who've been complainin: that their health is affected. We haven't heard of any complaints from anyone who has Worked at Kerr-McGee - that thorium tailings affected their health. But we have in some other situations where PCBS are involved. 227  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY RZGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991

PRESIDING OFFICER: (SENATOR D'ARCO) Al1 right. The question is# shall Senate Bill 1438 pass. Those in favor, vote Aye. Opposed, No. The voting is open. Have al1 voted who wished? Have a11 voted Who Wished? Have a11 voted who wished? Take the record. On that question: there are 55 Ayes, no Nays: none voting Present. Knd Senate Bi11 1438, having received the required constitutional majority, is hereby declared passed . Senate Bill 1443. Senator Smith. Senate Bill 1457. Senate Bill 1460. Senator Marovitz. Read the bill, Madam Secretary.

Senate Bill 1460. (Secretary teads title of bill) 3rd Readinq of the b'ill.

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

Thank you very much, Mr. President and Members of the Senate. Senate Bill 1460 requires that l5- and l6-year-olds charged with aggravated battery 2with a firearm, aggravated discharge of a firearm , possessing a sawed-off shotgun or a silencer shall automatically be transferred from Juvenile Court to Circuit Court and tried in Circuit Court. would ask for a favorable roll call. PRESIDING OFFICERZ (SENATOR D'ARCO) Any dlscussion? It's too bad. The question ise shall Senate Bill 1460 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wished? Have a1l voted who wished? Have a11 voted Who Wished? Take the record. On that question, there are 49 Ayes, l Nay, none voting Present. And Senate Bill 1460, having received the required constitutional majority, is hereby declared passed. 228  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2lz 1991

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Ladies and Gentlemen, We're going to start at the beginning on Page Senate Bill 3. Page l3. Senate Bill 3, on 3rd Reading. Senator Collins, do you wish to call Senate Bill 3? Read the bill: Madam Seeretary.

Senate Bill 3. (Seeretary reads title of bill) 3rd Reading of the b' ill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Collins. SENATOR COLLINS) Thank youz Mr. President and Members of the Senate. Senate Bill l03 <sic> (Senate Bill 3) is an attempt to address a very serious problem with school dropouts before it happens. Most of our efforts in the State - and I bave to admit We do have some good alternative programs and are making some headway after the students drop out of school - but it is far less costly we would, in faet, focus more of our dollars and our attention on prevention. What the bill does is very simple. It says that ln those areas where there is a disproportionate number of student dropouts and learnin: disability problemse that that school district should in fact -- would in fact have to develop a plan for early identification and intervention into those student's problems to prevent dropouts. would be -- that's al1 the bill does. The Board does not require this to be done now. I would be happy to answer any questions. If not, would just ask a favorable roll call.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Maitland.

Thank you very muchp Mr. President and Members of the Senate. 229  STATE OF ILLINOIS 87th GEKERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslative Day May 21, 1991 Senate Bill 3 is -- is leqislation that, in my view, is absolutely unnecessary and just imposes updn school districts yet another mandate. And as one speaker had said earlier, -- it aceually will create more work thàn any direct benefit that it might provide. Right now in tbis State, we identify -- we identify the students who are at risk of academic failure, and we are tarqeting dollars eo those students to make sure that they are on on track. And I just believe that -- first of all, school districts know what the problems are and they are attempting to address this. To make them file a plan, whatever that might be, simply is burdensome and not necessary, and I think this is one -- and we have no idea what this is'going to cost local school districts. No idea Whatsoever. So think a proper vote on Senate Bill Would be a Na vote.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Any further disc' gssion? If notp Senator Collins may close.

Yes. according to the.State Board, wedre talking about minimum costs, if any. We do have a fiseal impact statement here. And, Senator, you knok, I am sorry, but if you came from a school district where fifty-five percent of the high school one, eighty percent of the high school students dropped out, then maybe you will understand that èhatever it is that the school boards are doinq, that they are not doing a :ood enough job. I'm really sorry that that you donlt see the need for us to -- to require those school distrièts to prevent qsic> a plan. This is a11 it's saying. Let the State knbw What you're doinq and we would like to hold you accountable for what youdre saying that youdre doing. Wedre not mandatingdthat'you have any specifie prograx. But tell us what you 're doinq'for e 'arly identification and intervention to keep these kids from dropping out of school. And if you develop a good plan, maybe thè State then we could have some 230  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Gth Legislatkve Day May 2l, 1991 justifieation here to provide some addttional dollars to help those districts wieh the problem, hopefully that they would be able to do this. And I Would just ask for a favorable roll call.

PRESIDING OFPICER: (SENAYOR J.J. JOYCE) The question is, shall Senate Bill 3 pass? Those in favore vote Aye. Opposed, vote Nay. The votinq is open. Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that, the Ayes are 30, the Nays are 25, none votin: èresent. Senate Bil1'3, having reeeived the required constitûtional majority, is declared passed. Senator Maitland.

Thank you: Mr. President. A verlfication of the affirmative roll call, please, sir. PRESIDING OFFTCER: ' ISENATOR J.J. JOYCE) Senator Maitland has requested a verification. W111 a1l the Senators be in the se#t -- in their seats. The Secretary will read the affirmative voteé.

The followin: -- the following Members voted in the affirmative: Alexander, Berman, Brookins, Carroll: Collinsz Cullerton, Daley, D'Areoy del Valle, Demuzio, Thomas Dunn, Hall, Holmberg, Jaccbs: Jones, J.E. Joyce, Joyce, Keats, Kelly: Lechokiez, Leverenz'z Luft, Marovitzy O 'Daniel, Rea: Severns: Smith, Vadalabene, Welch and Mr. President.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Maitland, do you question the presence -- presence of any Senator?

Senator Carroll.'

PRESIDING OFPICER: (SENAYOR J.J. JOYCE) Senator Carroll ' in the Chamber? Senator Carroll is in the 231  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Leqkslative Day May 2ly 1991 back of the Qbamber.

Senator Luft.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Luft? Senator Luft is standin: right there.

Senator Welch.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator Weleh.

What are you doing in there: Senator Welch? Thank you.

PRESIDING OFFICER: (SENATOR JOYCE) On that question, the vote is 30 Ayes and 25 Nays, none voting Present. Senate Bill having received the required constitutional majority, is declared passed. Senate Bill l3. Senator Dunn. Read the billy Madam Secretary. SECRETARY HAWXERI Senate Bill l3. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Take it ou* of the record: please. Senate Bill 25. Senator Severns. Senator Severns. Senate Bill 25. Senator -- Senator Dunn. Senate Bill 39. Read the bill, Madam Secretary.

Senate Blll 39. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICER) (SENATOR J.J. JOVCE) Senator Dunn.

Thank you, Mr. Presldent. This is the bill known as the 232  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Disaster Area Relief Act, and what it provides for is that if your area has been struck by a tornado, like senator Mahar's has or Senator O'Daniel or mine, and you have to pay replaeement sales tax on an ltem, whether tt be personal or real: you will be reimbursed by the Department of Revenue if you apply within three years. PRESIDING OFPICER) (SENATOR J.J. JOYCE) Any -- any discussion? If not, tben the question is, shall Senate Bill 39 -- I'm sorry. Senator Schuneman.

I'm sorry, Mr. President, question of the sponsor.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Says heill yield.

Senator, I was concerned -- or interested in what your bill does. Apparently, you're struek with a disaster of this kind, no sales tax applies, or you can apply for a refund. ls that basically what youlre saying? %hat do -- What do you do about those cases where people are insured for replacement cast and they receive full value under their insurance for replacing their property, are they going to get a refund of the taxes?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Dunn. SENATOR T. DUNN) No, Senator, theydre excluded by the bill. PRESIDING OFFICER; (SENATOR J.J. JOYCE) Senator Schuneman.

Well, how is tt excluded by the bill?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Dunn.

233  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l# 1991 Let me read from the bill. The language statesv quote ''The Department of Revenue shall not reimburse any amounts that are reimbursable through insurance maintained by the owners period,'' close quote.

PRESIDING OPFICER: (SENATOR JOYCE) Senator Schuneman.

Well, I guess that brings up the question then of the -- diserimination against peöple who properly insure in favor of those who don't properly insure. And but -- but I accept what youdre saying. Thank you.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) All right. SenaLor Dunn, to close.

I urge an Aye vote. PRESIDING OFFICER: ISENATOR J.J. JOYCE) Question is# shall Senate Bill 39 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted who wish? Havè a1l voted who Wish? Have a11 voted who wish? Take the record. 0n that question, tbere are 42 Ayesy 14 Nays and voting Present. Senate Bill 39, having received the required constitutional majority, is declared passed. Senate Bill Senator Joyce. Senate Bill 72. Senator Joyce. Senate Bill 78 is Gn the Recakl Llst. Senate Bill 83. Senator Collins. Read the bill, Madam Secretary.

Senate Bill 83. (Secrekary beads title of bill) 3rd Reading of the b&11.

PRESTDING OFFICER: (SENATOR J.J. JOYCE) Senator Collins.

234 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Yes, thank you, Mr. President and Members of the Senate. Senate Bill 83# Which Was already introduced at the time, basically codifies first on the income tax extension the Governor's Executive Order, and adds the provision for delayed taxes -- property taxes on homestead property. would be happy to answer any questions. If not, I would just ask a favorable roll call. PRESIDING OFFICER: (SENATOR J.J. JOYCE) Is there any discussion? Hearing none, the question isg shall Senate Bill 83 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voked who wish? Have al1 voted who wish? On that question: there are 58 Ayes, no Nays, none voting Present. Senate Bill 83, having received the required constitutional majority, is declared passed. Senate Bill 90. Senator Davidson. Read the bill: Madam Secretary. SECRETARY HAWKER: Senate Bill 90. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: ' ISENAUOR J.J. JOYCE) Senator Davidson.. SENATOR DAVIDSON: Mr. President and Members of the Senate, this bill does exactly it says -- calls for fingerprintinq of bus drivers. This has came about from *he number of people who did show up that have been convicted of felons. And we did amend it so a temporary permit could be given to satisfy the private contraetorsy as well as the State Police: during the time that it takes to get their fingerprints ran through. It takes a little longer. And so, this : would be -- and lf the person comes back with a felony conviction from the fingerprint, the temporary license is automatically 235  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 30th Legkslatkve Day May 2l# 1991 cancelled. And alsor if the applicant would 1ie or fail to reveal any required information, they'd be guilty of a Class A Misdemeanor. That w4s put in at the request of State Police. I'd appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Any discussion? Senator Jacobs.

Thank you, Mr. Presidenk: Ladies and Gentlemen of the Senate. I stand in strong o 'pposltion to this legislation. This was brought up last year and: thank Gody We beat up a little bit up last time. But, you know: wedve 9ot so many problems wieh this bill. Most of the school teachers are -- are part-time peoplez and retired people; that they really don't have other employment. Andy for themy thirty-five dollars is a lot of money. And it's not just thirty-fiv/ dollars, because if that thirty-five dollars goes into paying for the fingerprint cost and it happens to come back, which it always does from our lllustrious State Police, it comes back and says we cah't read them. Let's do them again. So, there's another thirty-five dollars that goes into tbat. So: now you 've got these poor people that aren't making much more than seventy/eighty dollars a èeek, in many cases, now having to pay seventy dollars and'still still it may take up to a year. So, Who 's going to be driving those school buses in that period? Temporary permit? Nah: it's not Moin: to be there. I think we should vote against this 1 7egislation and put it to a quick death.

PRESIDING OFPICER: (SENAYOR J.J. JOYCE) Further discussion? Senator Demuzio.

Well, if I might ask a questlon of Senator Davidson. Who does

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Indicates he'll yield. 236  STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30*h Legislative Day May 2l, 1991

Who does pay the eost? Who's going to pay the cost? Is it goin: to be the part-time bus driver that pays the cost, or is going to be the school districty or Who's it going to be?

PRESIDING OFPICER: (SENATOR J.J. JOYC2) Senator Davidson.

It's left open. The applicant can pay the cost. And it's thirty dollars, Senator Jacobs. Or -- pay attention. Or the sahool district can pay the thirty-dollar fee and ask for reimbursement out of the State Board of Education: which we have a line item appropriation for that purpose - or the school district or the Regional Superintendent. Presently, We pay Eor a eriminal background check. This fingerprint bill would do away with that. Consequently, that money can be applied ko pay for this or reimbursemenk to the applicant. It's a thirty-dollar charge, one tkme only. And, Ladies and Gentlemen, if you Want to argue about someone part-time - it hasn't anything to do with teachers it has to do with school bus drivers. And if you don't think thirty dollars by someone to pay for the investigation to make sure someone convicted of a felon, of ehild abuse, sexual abuse, drus pushing, et cetera: to protect your children or your grandehildren or someone elseds ehildren from that bus driver, then I think you 9ot your priorities wrong.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) A11 riqht. Further discussion? Senator Geo-xaris.

Mr. President, Ladies and Gentlemen of the Senate, Senator Davidson echoed what I was going to saye but let me emphasize tbat a school driver has an awful 1ok of control over a bunch of youngstersr and I think it behooves us to be sure that we don't have someone driving a bus that molests children or what have you. 237  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l# 1991 And the best thing to do is get them fingerprinted. Thirty dollars is nothing compared to what the life of a child can be affected if some moronic driver is in charge of a bus.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I stand in support of this bill. I heard the bill in the Transportation Committee. it came out 6 to 3. And the question is the seeurity of the children that are riding on those school buses. And I don't know if youfve heard or read the stories as have - unfortunately, we had kncidences kn the City of Chieago and suburban areas Where there were felons and dope heads and some other perverts drivin: those buses. Last year, there Was a -- one of our eandidates on the State ticket requested this type of legislation to be introduced and Senator Davidson has now introdueed it this year. I think it Was good then; itls good now. For a cost of thirty dollars, youdve got security for the families that are involved, and I strongly encourage an Aye vote.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Question of the Sponsor.

PRESIDING OFFTCER: (SENATOR J.J. JOYCE) Says he'll yield. SENATOR DeANGELIS: How many people currently in the educational area are required to be flngerprinted and hàve a criminal check done?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Davidson.

To my knowledge, there is no requkrement for fkngerprinting, 238  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 if you have other knowledgeg but what we have done is they have to give their name and Social Security number. And even those who give false names and Social Security numbers, they still come up each year with a number of people who have been convieted of felons, even with that miniscule look at them. Fingerprinting would let them prove once and for a1l that theylre either innocent or not innocent. And in response to Senator Jacobs, the Regional Superintendents that I know of send them down to the police station for their ààngerprinting to be done and there is none of this misguided if you listened to the witness in the Transportation Committee, with a new fingerprinting identification the State Police have now, therels only about -- those which go through a police department only bave less than a six-percent error. In other Words, ninety-four percent of them are carreet.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator DeAngelis. SENATOR DeANGELIS: Are they Regicnal Superintendents the ones that want this bill?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senatcr Davidson. SENATOR DAVIDSONZ No. the people in Springfield, Illinois Who had three bus drivers who turned out to be convicted felons hauling their kids eame to me and say, ''There's got to be a Way to identify them o'' These people showed up even with only using names and Social Security numbers as a convicted fekon. And I know itfs happened in suburban area, because a couple of years ago, and partieularly when Mayor Daley was State's Attorney Daley, we had this bill together at that time because of the convicted -- turned out they were convicted later, but indicted bus drivers, thirty or forty of them who Were hauling kidi in the City of Chicago who were pushing 239  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30kh Legislative Day MaY 1991 drugs.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator DeAngelis. SENATOR DeANCELIS: Well, I feel like we're plcking on the people that are probably the ones who make the least amount of money in the whole educational hierarehy and imposing them -- upon them an inspeetion far more severe than people who have a much greater impact on the kids. Now, a responsible employer in that field, I would imaqine, ought to qo back and check the -- the criminal baekground. But 1'11 tell you. the first thing Idd like to see them check is the driving record. Now, youlre goin: to go after the felony and the guy could sit there and not be able to even drive -- or the person. I just think this is massive overkill.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Raiea. Further dlscussion?

Thank you, Mr. President. I think this does deserve the aerit of a good votez but I have a question tllà sponsor if he'll yield.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) He indicates helll yield.

Senator Davidson, the ehirty-dollar fee - is that paid to the or the State Police: or is it the Department of Public Regulation -- Professional Regulation?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Davidson.

The thirty dollars is -- and I forqot how it's split. Twenty dollars to FBI or ten dollars to State Police, or vice versa. It Moes ten dollars to the State Police for the fingerprint check and 240  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l# 1991 twenty dollars to the Federal Government - you Qot to pay to have ehe FBI run it through the federal check.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Raica .

Senator Davidson, I guess my question isp nine times out of ten, you don't get a clear print. It Will come back smudged and there will be problems reading the print. If someone goes for eheir driver's lieense -- or they go to set their fingerprint, and ehey pay the thirty dollars and they have to submit new prints, which happens every day With the Department of Public Regulation -- Professional Regulationy mean. They send Lhem back you apply for detectives or security. They send -- you might have to get two or three times and each time you do that, you have to pay an additlonal fee. mean, know the State's short of money. But my question is, how many tkmes -- ks kt a one tkme fee that you pay, or eaeh time the prints come back and you got to have tbem redone, there 's an additional thirty-dollar fee?

IRESIDING OPPICER: (SENATOR J.J. JOYCE) Senator Davidson.

Senator Raica, I can't qive you a total, elear-eut answer to The witness from tbe State Police said With the new proeedure they have and the faet that the Regional Superintendents who this permit has to go through, send them over to the local police station, there's about six-pereent error. In other words, nknety-four percent of them correct. hs it stands now , we bave to pay the fee -- the thirty dollars each time you do it. We kill try ta Work With *he State Police and find out also from the FBI whether that has -- that fee has to be paid each time or whether they only pay it once, and if a smudged print they resubmit it, if -- whether there's another fee. At this moment, we 241  STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21: 1991 understand the thirty-dollar fee - ten to the State, twenty to the FBI is there every time you do it. And we fll try to find out in relation to a smudged print.

PRESIDING OPFICER: (SENATOR J.J. JOXCE) Purther discussion? Senator Brookins or Keats. Whicbever. Senator Brookins.

Wi11 the -- will tbe àponsor yield for a question?

PRESIDING OPFICER: (SENATOR J.J. JOVCE) Indicates hedll yield.

Senator Davidson, what happens When these fingerprints are held up in the police cheek and et cetera, what provisions are made for the buses to roll?

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Davidson. SENATOR DAVIDSON) I'm sorry. you're goin: to have to repeat the question. My ; one good ear is being interfered with over here. Will you repeat the question?

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Brookins.

Is there some there some provisions when a driver can drive while the -- the fingerprints are being checkedw as we know takes a period of time to do that? Eo that the buses wlll be a11 clogged up and ke'11 have no buses running, is there a meehanism in place that a permit can be given or a Waiver of some type?

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Davidson.

242  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Bth Legizlative Day May 2l, 1991 Ves, there is# Senator Brookâns. That's What We amended, in agreement with the private transportation and State Poliee. temporary permit will be issued to that person when they apply for the permit to do it. They will be given a temporary permit to drive while the fingerprinting is being donee and it takes from thirty to forty-five days for the informaEion to be qiven to us. But they can drive durin: that tiae. And if it comes baek then itîs automatically cancelled, if they come back with a record.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Brookins.

To the bill: then that means -- then that means that under any circumstances, we would stlll have that same unwanted individual. So, we're saying, ''Driving a bus isn't exposed to the children/' while theylre checking the permit and carrying on. So, can lt see where this bill is of any benefit at all other than to eause a congestion in biring bus drivers and also could cause the hiring on the least persons that can afford to pay these bills. Thank you.

PRESIDING OPFICER: (SENATOR J.J. JOXCE) Purther discussion? Senator Daley.

Thank you, Mr. President and Members af the Senate. I stand in strong support of Senate Bill 90. What the Senator is trying to do is simply to make sure when parents put their children on a school bus that they can feel safe that thae child -- that that individual who is driving the bus does not have a eriminal reeord. urge passage of this bill.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Further discussion? Senator severns. Senator Severns.

Thank you, Mr. President. Would the sponsor yield for a 243  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day Ma# 1991 question?

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

Senator Davidson, I -- I expect those bus drivers in my district are similar to the ones in your distriet and Senator Maitland's district: and at least the bulk of those bus drivers are mothers who: after their children have gone to school, are simply trying to add or to supplement the income of their spouse to better aake ends meet. Is this the population that you're targeting through tbis bill?

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Davidson.

I'm not targeting any particularly population. T'm targetin: those people who are bus drivers: and I respeet what you said. But we have a private' contractor here that furnishes the transportation in Springfieldz and we had three eonvicted felons; one for sexual abuse and two for drug pushing, that were hired by this independent contractor. I'm sure there's mothers in there, but whether a mother or not, know they all have the right purpose, but We still have to find out whether we have a legitimate person that's driving that bus and not expose these children to any adverse situations if we can prevent it.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Severns.

Thank you, Senator Davidson. I would also be concerned about those individuals driving the bus. My concern is simply this: when we have people like we have in your districe and my diserict and Senator Maitland 's district and other districts who might be eonsidering voting for this bill, when the bulk of those people 244  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 really are the mothers and the housewife whose kids are in school and their very clear intention is to drive a bus that will be safe, deliver tbeir children safely to sehool and simply to supplement their income and their spouse's income in tbe proeess - ia this really the -- the acklon that you Want to take? Isnlt there a better Way than this bill to address the concerns that you have loeally within your district? would hope that tbere would be.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Davidson.

Well, first and foremost, there's nothing in the bill that prohibits the school bus -- Howard, I can't see her. Therefs nothing in this -- I'm going to sign your deakh certificate yet. There 's nothing in ehis bill that -- that says the school district cannot reimburse the people if they so desire. And some people do that. And I agree - most of your bus drivers and my bus drivers are motbers. Bu* we have a responsibility -- most a11 the laws that we pass around here is because some bad actor. And what wedre trying to do is prohibit those bad actors from our children beinq exposed to them . And IId say -- I didn't think anybady could be in Springfieldy but when they showed me three eonvicted felons last year, it made me change my mind.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Furtber discussion? Senator Jaeobs.

Thank you: Mr. President. Sorry for speaking for the second time, but, Senator Davidson, our analysis did show thirty-five dollars. That's what ke kere told by the State Police. Thatls Why I mentioned thirty-five dollars. But just in closing, let me just state what I've heard so far in this -- in ehis debate -- and so we're not taken in by the stuff that wedre either for the kids 245  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legïslatkve Day May 2l, 1991 or we're against the kids. Here's what I have heard. We are going to take part-time mothers and -- I mean -- or mothers who are going to be part-time bus drivers - we are going to make sure that we fingerprint them so We protect our kids and that we're goin: to take them to a teacher who is not fingerprinted, who going to have them a1l day long, and that's going tc solve the problems. How does fingerprinting someone and waiting a year solve the problem of potential abuse? It just does not do

PRESIDING OFPICER: (SENATOR J.J. JOXCE) Senator Davidson, to elose.

Mr. President and Members of the Senate, in spite of whae the last speaker said, We 're not out to prohibit someone - but there's a 1ot of people out there who are driving these sehool buses they're not mothers or part time or trying to do their income some addleion. What welre after is to give your children, your grandchildren or the other people's children, to protect them from being exposed to people that are convieted felons. And didn 't really :et exeited about this bill until it was driven home to me when someone Would have told me prior to last year tbat three convicted felons Were driving school buses in Springfield, haulin: children around - one for sexual abuse and tWo for drug convictlon - that it could happen in this kind of a town. And then it turns out when talking to the different people in authority that with -- under the present system of Social Security and/or namew even with the people doing false names and false Eoclal SecuriEies -- Social Security numbersr wedre still coming up with nine or ten or twelve percent of these people being caugbt as it is. This is a one time charge only. It's thirty dollars. If the school district wants to reimburse, they can. Many of them can qo baek and reimburse theirselves Isic> from the State Board of Education in the line item -- the appropriation which I just mentioned. And I think 246  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21# 1991 this is a very good, timely bill to give your children and your neighbor's children protection from the kind of people we want to proteet them from. I'd appreciate an Aye vote. END OF TAPE TAPE 6

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Question is, shall Senate Bill 90 pass. Those in favor: vote Aye. Opposedy vote Nay. The voting is open. Have a1l voted who wish? Have all voted who Wish? Have all voted who wish? Take the reeord. On that question, there are 25 Ayes, 24 Nays and voting Present. Senate Bill 90, not receiving the required constitutional majority, is declared failed. Senate Bill 145. Senator Rea. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 145. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Rea.

Thank you -- thank you, Mr. President, Members of the Senate. You notice that this is a Rea-Hudson bill, spelled R-E-A to begin with. He made sure spelled that out. But this is a Worker's Comp shell bill that We would like to send over to the House. There's meetings -- are being held this week - have been called by the Governor on Workerfs Comp - of Labor and Management, and we'll have this bill in place should something be worked out.

PRESIDING OFFICER: (SENATOR JOYCE) 247  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislaeive Day May 2l, 1991 Any discussion? Senator Fawell.

Will the sponsor yield for a question?

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

What kind -- what kind of problems have we got with the Workman's Comp that we dre putting out a shell bill on it?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Rea.

This is something that We will -- we Will find out I'm sure through the meetings, and the Minority Spokesman -- I've cleared this with the Minority Spokesman of the Labor Committee as well.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Hudson.

Thank youz Mr. Presidenty Ladies and Gentlemen of the Senate. Just for the record . Senator Rea and I have -- have agreed to move this on over to the House. Now we 're doing to keep this open as a, what should I say, a recipient of anything that nlight come out of the meetings that are starting this week between Business and Labor . And this bill in the House , my understandin: is, eorrect me Jim if I'm wrong, that this bill in the House will be used for nothing, repeat nothin:, except the results or the product of our so-called agreed bills proeess , the summit proeess , call it what you will. That's the understanding, for the record.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Any further discussion? Senator Rea, to close.

Thank you, Mr. President . That 's the sole purpose for Senate Bil1 145. Would ask'for a favorable vote. 248  i : STATE OF ILLINOIS 87th GCNERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT E 30th Legislative Day May 2l, 1991 PRESIDING OFFICER: (SENATOR J.J. JOYCE) The question is, shall Senate Bill l45 pass. Those in favor: vote Aye. Opposed, vote Nay. The votin: is open. Have all voted who kish? Have a11 voted who Wish? Have a1l voted who wish? Take the record. 0n that question, there are 56 Ayes, none voting Nay, none voting Present. Senate Bill 145, having received the required constitutional majority, is declared passed. Senate Bill 160. Senator Cullerton. 160. Senator Cullerton. 176 . Senator Severns. Senator Severns. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRV) Senate Bill 176. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Severns. SENATOR SEVERNS: Thank you, Mr. Preoident, Members of the Senate. This bill is identical to the bill that we passed out of here with a healthy margin last year. It's a product of three years work now working with SBE and the various different concerns to -- to address Ways to reverse the growing dropout trend. It's a bill that in essence says if a student drops out of school, they lose their llcense. If they return to school or an alternative form of education they can gain that license back. If not, they cannot obtain it until they turn eighteen. Senator Collins spoke earlier about the high dropout rate in her distriet. In my district, downstate, in the City of Decatur, it's approaching a twenty-seven percent dropout rate. I don't pretend that this bill is a panacea, quite the contrary. I do believez based on the experience in West Virsinia where the dropout rate has been reduced by thirty-three percent With similar language on the books, that it's at least worth a try. We have built in a four-year sunset provision. If it 249  STATE OF ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Qth Legkslative Day May 21, 1991 doesn't work on its own, it should die. What I ask here today is that we give this bill a chance. Senator Kelly and Schaffer and Brookins and others have been good enough to, not only add their names, but be supportive in the past. The intent of this bill is not to hold students captive, it's to change their mlnds. I hope we qive this bill and chance, and I would urge a favorable vote.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Any discusslon? Senatör Maitland.

Thank you very much, Mr. President, Members of the Senate. Senator, you indkcated the bill is kdentical to the one that you had last year and my opposition is identical to my opposition of a year ago. -- I think this is the wrong way to go. Let me -- 1et me offer to the Body a couple of -- couple of concerns. First of all, we have mandatory attendance law in thls State that suggests that you stay in bigh school until a:e sixteen. mean, that's the laW . There -- there literally is no 1aw that says you --you can't drop out of school. I mean, there just isn't - after the age of sixteen. So -- so what we're suggesting here is that on one hand we require students to stay in school to age sixteen and then if they ehoose to they can drop out. Wrong as you and may belkeve it to be: they stkll can do that. hnd they choose then to go get a job or do Whatever they might Want to do. So think that is fundamentally Wronq. The two issues are not consistent, but khink about the sixteen- or seventeen-year-old student that drops out of school and has not ye* received a high sehool diploma, it's rough out there. It truly is rough out there. And they find outy after theydve been out for a while, that by golly, you know, I ought to be back in school. They've been out there driving witbout a lieense, tryinq to provide for themselves and youlve made a eriminal out of them in that respect as well. I just believe that there's and inconsistency here, and 250  STATE OF TLLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 clearly We want the the kids to stay in school. We clearly want them to qet their high school diploma. This is the wrong approaeh, I belteve and think we ought to, once again, rejeet this and -- and vote No.

PRESIDING OFEICER: (SENAYOR J.J. JOYCE) Further discussion? Senator Schaffer.

Mr. President, risè in support for this concept in tbis bill, as I have in the past. I've had an opportunity, desplte our busy schedulew to speak to a half a dozen high school classes in the last feW Weeks and this subject has come up in several of those classes. And it's obvious to me that that driver's license is still a strong motivating faetor, as it was even in the dark ages when I was in high school. There still are people dropping out of high school to go get a car and al1 the freedom and the status or whatever that at that age seems to go With an automobile. And tbat's -- that's short-si:hted, but by the time they figure out the mistake theybve made in many cases it's too late. Frankly, I am one who thinks we probably ought to move that mandatory age from sixteen to eiqhteen, but we haven't been suecessful in that. So I think thts is a logical first step. %e ought to do everytbthg in our power to encouraqe kids to 9et a hiqh school diploma. You havendt got a chance in this life nowadays Without at least a high school diploma. And anything we can do that doesnft cost a great deal of money that adds another ineentive for kids to get a good start in their life, something we ought to do. PRESIDING OFFTCER; (SENATOR J.J. JOYCE) Further discussion? Senator de1 Valle. SENATOR dEL VALLE: Question for the sponsor.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) 251  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 Indicates she'll yield. SENATOR dEL VALLE: Senator Severns, have we made provisions in this bill for, what we have called in the past, ''hardship casesd'? In other words: individuals Who would prefer to be in schoolz for economic reasons have had to drop out, maybe temporarily or have had to attend for a siek parent in a female-headed hausehold . Have we made provisions for those individuals?

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Severns.

Yes. There is a provision in the bill, and -- and results from working with the interested parties and SBE a year ago. It, in fact, suggests that if there is a legitimate hardship ease, the decision be made at the loeal level and it be reported to the Secretary of State, along With a report to the SBE.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator del Valle. SENATOR dEL VALLE: By a local level, you mean the school district? PRESIDING OFFICERZ (SENATOR J.J. JOYCE) Senator Severns.

Yes. SENATOR dEL VALLE: Does -- does that means that each school district will determine its own poliey and definition of hardship cases?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Geverns.

The -- the intent in the bill is clear that it bez in fact: a hardship ease, and the accountability measure for districts, not 252  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 to use this as an easy Way to just sayz ''We want ehose who don't want to attend out of the classroom.'' That's the purpose for the reporting mechanism both to the Secretary of State and SBE.

PRESIDING OFFICER: (SENATOR J.4. JOYCE) Further discussion? Senator Welch.

Thank you, Mr. President. Last year I Wasn't a qreat fan of -- of this piece of legislation. However, this year I -- I've changed my mind. I think it's a good idea. You knowz the -- I'm surprised that al1 of the folks supporting Governor Edgar aren't behind this idea, because the Governor has proposed taking those individuals who are single males off of general assistance on the theory that they should look out for themselves. They can 9et jobs. They can go to work if they'll just look. And I think the idea of looking out for yourself is a good one. And I think it should also apply to high scbool students. they 're under eighteen they should look out for themselves. It they Want a driver 's license, stay in school. Very simple. It says to individuals who are under age eighteen, ''Your fate is in you own handsr'' which seems to me to be what Governor Edgar is saying to individuals on general assistance Who are single and male. think that the loqic follows through on both issues and think thak voting for one should require voting for the other.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Reats.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. - - I would ask Senator Welch, Senator Severns is going to have enough trouble passing this bikl: partisan the tax on people like Senator Schaffer and myself, is digginq her in a deeper hole: and shels not tall enough to dig out of those real deep ones. But think this is an excellent bill, and have asked to be a co-sponsor 253  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 of and I don't know why I Wasn't added, but -- but -- so the bill will pass, thanks, John. But sincerely, the easiest way to guarantee you will be a failure in life is to drop out of hlgh school. It is almost tatooed on you forehead the moment you drop I I out of high school, you want to be a failure. Now, there are reasons to drop out we won't get into, but you might as well tell that kid the moment they walk out the door of that school and say, ''I've decided to be a failurey'f that theylre going to lumped from day one. They 're not going to have their driver's license. They're going to have a b 7 ard time finding a job. They have virtually no Way to be self-supportinq. Tell them day one, while ; khey are still young enouqh to realize the errs of their ways, and go back to school. You know, it's real hard to qo back to school When you're twenty-eight years old and havenft Worked in ten years, and frankly, you bave really put yourself in such a deficit, you almost ean't get out. You're better off telling them day one, ''Kid is going to be roughd '. And this is just another siqnal saying, 'You drop but of high school and you are not going to make it in life.'' And for that reasonz I think it's important that this bill be there aà an early message to -- to make these kids realize What they're walking into. I would solicit your support for it. PRESIDING OFFICER: J (SENATOR J.J. JOYCE) Further discussion? benator Kelly. I SENATOR KELLY: i Thank you, Mr. Presid#nt. Thls bill flew out of here the last two years in a row, and should asain. I'm proud to be hyphenated sponsor with benator Severns on her bill. I would say that Senator Maitland Was at the hearin: when Senator Berman polled a young classroom, in fact a very large classroom, to get their opinion Whether or not they supported this eoneept, and was unanimous that they were in -- very strongly in favor of this 254  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 leqislation. So the -- the kids are for ity we should be too.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Tom Dunn.

Thank you, Mr. President. While driving is a privilege, this is somewhat of a difficult vote, because it cuts both ways. As Senator Maitland pointed out there are some kids who have difficulty in school, but by the other token We have today in our urban areas a mobilized urban guerrilla terrorists known as gangs. And what they do todby is -- is the vehicle provides them the ability to go from neighborhood to neighborhood and to literally pass by a spot at sixty miles an hour and fire a round from -- or several rounds from an Uzi and continue on out of the neighborhood into the next neighborhood. Thts bill, 1 think, would serve a good purpose. The kkds that are driving those cars are not htgh school graduates and they're not in school where they belong. I support this bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Hall.

Thank you, Mr. Chairman and Ladies and Gentlemen of the Senate. A11 you have to do is come down in some plaee where we've 9ot such high unemployment, and many kids have to drop out of high school, because there's so many in the famiky, they go to work, and just because a person doesn't finish high school shouldn't keep them from qetting their driverfs license. I'm tellin: you: many of them have a GED. Does this apply to a person who dropped out of high school, even if they had a GED? You mean to tell me that they can't get a driver's license? Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Indlcates she'll yield. senator Severns. 255  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991

Senator Severns, a person with a GED, you mean to say that they would not be able to get a driver's license?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Severns.

If if a student is in a GED program, or if they've obtained a GED, they will not be impacted by this legislation. They would, in fact, be considered, obviously, in an educational program .

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Hall.

Jobs is sueh a premium down in some parts of where I am that IId hate to see something like this pass out that a person Who could not go to high schoolz I mean Who has to fall out -- drop out of high sehool, it is really touqh out herey 1111 tell you and - - but -- so I think it's a bad move.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further dtscussion? Senator Friedland.

Well, thank you, Mr. President, Ladies and Gentlemen of the Senate. I move the previous question.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Well. Maybe we should add one more thinq to this b111, and that is that if they do drive, or We let them drive, they ought have the license plate that saysp ''Dropouti'.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Collins.

Question of the sponsor for clarification. 256  STATE OF ILLINOIS 87th CENZRAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 30th Eegislative Day May 2l, 1991

PRESIDING OFFICER: (SENATOR J.J. JOYCE) She indicates she will yield.

You do have prcvisions in this bill that deals With hardship cases Where the -- this bill Would not, in any way, inhibit soaeone from obtaining a drkver's license who had to drop out of school for some legitimate reason, and espeeially to get a job to support themselves or their family.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Severns.

Yes.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Further dkscussion? Senator Brookins.

Thank you. rise in support of this bill. I supported it last Session, and will support it again. 1, too, took a poll in my community, and a poll of my young daughter and she indieates ehat this is a discussion that young folks have. They want automobiles. They will take jobs in ehe ccmmunityy even the McDonald jobs, and save their money and buy automobilesy and then ride a1l over the community in it, and they think that they have arrived at that stage of the game. What this bill is actually saying is, ''No, this is not the ultimate. This is not a1l life is about is to have an automobile and to be able to drive a11 over the town in it.'' What is more important ls that education and is that high school diploma. There has been provisions made in this bill thae if it is hardship, if you have to drop out of school, then there is a provision for that. That you could have a driver's license and you can eontinue to work. So I ask that you support this bill, that it is worthwhile, that it is a it is good legislation. 257  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislaeive Day May 21, 1991

PRISIDING OFFICER: (SENATOR J.J. JOYCE) Senator Severns, to close.

Thank you, Mr. President: Members of the Senate. The only reason I bring this bill bark is because we have a change of Governor's and we still have the problem that -- ehat has existed in the past. I believe that Governor Edgar is on the record, not only in his inaugural address, but his subsequent State-of-the-state address, that he wants to exhaust a11 efforts to reverse the growing dropout trend. I would appreciate very much: a favorable vote.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) The question 1s, shall Senate Bill l76 pass. Those in favor, vote Aye. Opposed, vote Nay. Tbe voting is open. Have al1 vcted who Wish? Have all voted Who Wish? Have a11 voted who wish? Take the record. On that question, there are 44 Ayes: 12 Nays, voting Present. Senate Bill 176, having received the constitutional majorityy is declared passed. Senate Bill 200. Senator Marovitz. Senate Bill 203. Senator Schaffer. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 203. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator schaffer.

Mr. President, Senate Bill 203 addresses a small problem that we've had in my part of the State, and I suspect others. Simply put, occasionally a municipality will notify, as they are required to do, that a pieee of ground is to be considered for annexation by the city, tbe township road commissioner. With that 258  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 notifieation the road commissioner then assumes that that piece of ground is now in the city, and he's -- he or she is not responsible for that road any more, but occasionally the city: even though the ground is up for annexation, rejects the annexation and there Was no requirepent to 1et the road commissioner know what was qoing on. All this bill does is require the municipal court to notify the highway commissioner when a piece of property is annexed into the city. Sets up some standards for liability in case this doesn't happen and requires registered mail notice. I believe it's worked out between the Municipal League and the Township Officials. I am unaware of any opposition. PRESIDING OFFICER: (SENATOR J.J. JOYCE) Any discussion? 'If not, the question is, shall Senate Bill 2-0-3 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted Who Wish? Have a1l voted who wish? Have al1 voted Who wish? Take the record. On that k question, there are 58 Ayes, none -- no votinq Nay, none voting Present. Senate Bill 2-0-3, having reeeived the required constitutional majority, is declared passed. Senate Bill 2-0-4. Senator Dunn. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) Senate Bill 2-0-4. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPFICZR: (SENATOR J.J. JOYCE) Senator Dunn. SENATOR T. DUNN: Thank youy Mr. President. What this bill says is that if you are in a automobile accident and you declare bankruptcy to wipe out the debt to *he other side, that the Secretary of State need not give you your driver's license until you make an effort to pay 259 i I i  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 baek some of the money to that opposin: person. I have put a graduated scale into the bill that provides cerkain payments for certain amounts. PRESIDING OFFICER: (SENAYO I R J.J. JOYCE) Is there discussion? If not, the -- the question is, shall Senate Bill 2-0-4 pass. Those in favor, vote Aye. Opposed, vote Nay. The votin: is open. Have all voted Who wish? Have a11 voted Who Wish? Rave al1 voted who wishz Take the record. On that question, there are 54 Ayes, none votinq Nay, and voting Present. Senate Bill 2-0-4, having received the required constitutional najority: is declared passed. Senate Bill 213. Senator Jones. Senate Bill 222. Senator Toplnka. Read the billw Mr. Secretary. ACTING SECRETARYJ (MR. HARRY) Senate Bill 222. (Secretary reads Eitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOVCE) Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate, this bill is -- . is more than a bill; it's almost a plea to the General Assembly, bekause in our district and in Northern Illinois bastcally in Cook County and the collar counties wefve just run out of ways to deal with this problem. And I'm -- I'm sorry to bring it to the Leglslature, but I don't know that We have any other redress. This Would ask that trucks carrying aggregate matter mandatorily uàe tarpaulins. Now last year I had a bill that was statewide in scope. My Central and Southern Illinois colleagues convinced me - and I think rightfully so - that should not be that peivasive, because indeed this was not a problem in Central and Southern Illinois. But it is a problem in 260  j l STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legkskatkze Day May 21, 1991 Cook and the collar counties where, indeed, we have most of our delivery of this type of material qoing on on north-south major State thoroughfares. It causes all sorts of problems: because continually pinqs the cars that are there. It breaks Windshields . And finally, I suppose the last straw was when one of these pieces of gravel flipped off, aetually jumped a lawn and broke the window in a home. In fact, even as We considered this bill in committee, we had two Members who just recently at least enough in -- kn the memory of the time of dealing with this bill - noted that their windshields had been broken by this kind of flying matter. It's something that is very serious to usr because youdve got to figure that windshkeld replacement costs run somewhere between two hundred and four hundred dollars. And according to Allstate, eighty percent of the eomprehensive claims for auto insurance premiums are for glass breakage. And that's mostly for windshields. Welve had tremendous loss on this, with people complaining right and left. We hekd a public hearing on thls in our district. And We've had, you know, numerable petitions. We 've also tried to negotiate this out in the past by noting through the 1aw that local police: if they could immobilize the tïueky having Been the stuff fall off, that indeed they could make an arrest. But wedve run out of police, because not only does this immobilize the truck, immobilizes the police. And we just don't have enough police in our suburban areas to be immobilized with these trucks. Most of these trucks already have tarpaulins. They remain rolled up riqht next to the eabs, and they 're not put over this material. not only breaks Windshkelds, pkngs carsy but it falls into our streets and plugs our sewers. The bill is supported by the Department of Transportation, the Illinois State Police, the Teamsters, the Township Officials of Illinois, the Illinoîs Munkcipal League, the West-central Municipal Conference, the Township Supervisors Association. I thank the trucking 26l  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 associations for trying to do whatever voluntary programs they have been able to do. They arenft Working. I don't know where else to go but to you, and I would ask a favorable vote.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Is there discussion? 'Senator O'Daniel.

Thank you, Mr. President, Members of the Senate. I rise in strong opposition to this legislation. As -- as Senator Schaffer stated yesterday, this is another example of mass -- massive overkill. You knok, we already have a tarpaulin law bill -- that requires trucks that are spilling anytbing on the highway, or sand blowing off, or anytbing -- they 're required to be tarped. And -- and also, it's -- it's a moving violation. It goes against the driver's driving record. ïou know, she -- Senator Topinka said in committee they dièn't have enough law enforcement people to to take care of it. What makes her think there's going to be any more of them? You know, it's already -- we already have a law. Does she want more State Poliee and more Department of Transportation people out there working? But this -- this bill -- we already have legislation to take care of this. And she 's exempted local governments. It's unbelievable how much material loeal governments haul into town, and this, that and the other. She 's exempted all those. So, you know, I think this is -- this is something that We don't need; we already have. It's over-regulation. And I would hope that this legislation was defeated. PRESIDING OPFICER: ISENATOR J.J. JOYCE) A11 right. Purther discussion? Senator Leverenz.

Will the sponsor yield?

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Indicates shelll'yield. 262  STATE OF ILLINOIS 8?th CENERAL ASSEMBLX RECULAR SESSION SENATE TRANSCRIPT 3Bth Legislatkve Day. Ma# 1991

This -- the bill would require tarps on trucks. Does that include the entire box, as it's known? Because, as you know, tbere are siderails, the lower rail, the upright and structural supports for tbe truck. So when they fill up down at the quarries probably just south of your district - much of the aggregate sits on the tailgate, so would that be ineluded? Woukd this totally wrap around tbe entire box or just over the top?

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Topinka.

Well: this bill does noe address skeeping of tailgates or the side of the trucks, which the Truckin: Association stated to us in public hearing that they would attempt to do voluntarily.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Leverenz.

Now, 1et us suppose -- let us suppose there are three bombers coming from McLean County earrying material up to Chicago. Where would they have to stop and tarp their truck?

PRESIDINC OFPICER: (SENATOR J.J. JOYCE) Senator Topinka.

The -- at the border of whatever collar county they would come through.

PRESIDING OFEICER: (SENATOR J.J. JOYCE) Senator Lezerenz.

What is the cost, for exaaple: that might be incurred by a small trucking company with three or five trucks? What Would the cost per vehicle be to tarp their trucks?

PRESIDING OFPICER: (SENATOR J.J. JOYCE) 263  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislatkve Day May 2l# 1991 Senator Topinka.

don't know.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Leverenz.

Industry did not communicate to you that it costs roughly fifteen hundred dollars per unit to tarp it? And then every time the driver of the truck, which migbt be receiving some fifkeen or twenty dollars an hour -- it costs twenty minutes of time to tarpy twenty minutes of 'time to untarp so you can drop the load, therefore it might take a third of the day in tarping and untarping the truck rather than hauling things. Even though they are not blowing off the kàrp of the truck, let alone to say the material that falls off the side of the truck into oneoming traffic or traffic following behind tbe truck, and probably just as many windshields are craaked because of rocks picked up in the lugs of the tires and thrgwn backward or bouncing off the side of tbe box. You don't have anything that would stop that from happening, do you? PRESIDING OPFICER: ' ISENATOR J.J. JOYCE) Senator Topinka.

Well, Senator Leverenz, suppose this is quoting some -- well not some, but a11 the mayors in your area, whirh are supportive of this through the West-central Municipal Conference, because We share eommon roads, and it's your problem as well as mine. For a11 praetical purposes: the majority of these trucks already have tarps and are not usin: them. And I think you have to base What Would be the overall eost of the tarp versus tbe nuaber of wlndshields which have to be replaced at between two hundred and four hundred dollars a pieeez plus the qross public inconvenience 264  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENKTE TRANSCRIPT 30th Legislative Day May 21# 1991 of having that car immobilized while that windshield is replaced . PRESIDING OFFICER: (SENATOR J.J. JOYCE) I Senator Leverenz. 1

The Eact of the Iatter isz to every company -- and I as a Democrat - in this case and a number of other cases - are tryinq to do something for small businesses. And should you require a11 trucks to be tarped, you Will cause each one to expend about fifteen hundred dollars for the equipment, 1et alone the reduced amount of haulage time that they would have, even though they are not losing anythin: off the top of the truck. This flies in the face too, in the matter that we need no more laws than what we have on the books already; that the Secretary of State Police said that it can enforce the laws which you are designing Senate Bill 2-2-2 to address with existing laws on the books today. Is that not correct?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Topinka.

Could you repeat that please? I didn't catch the last part of your question.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Leverenz.

Well, let's just deal W1th the last part. I inquired of the Secre*ary of State Police Division 1, 1701 So. First Avenue, and said, ''Do we have to tarp all trucks to implement Senate Bill 2-2-2?.' I was told laws exist on the books now . Therefore: this is redundant - if anythingr overkill. They can stop any truek that is losing makerial of any kind off of a truck and cite it. Therefore, I think this is an exercise in futility.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) 265  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30kh Legislatlve Day May 21y 1991 Any further discussion? Senator Hall.

Will the sponsor yield for a question?

PRESIDING OPFICER: (SENAiOR J.J. JOYCE) Indicates she will yield.

Senator, I've got tWo two windshields cracked and they weren't on no roads. 'They Were right going across the bridge there that's between Missouri and Illinois, from the flying things. But what I want Eo askv if we've already got a 1aw on the 1 books, Why are we puttingêanother one on?

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Topinka.

1 Mr. President, -- and Senator Hall, the lawz as it currently reads, says if tbe police see aqgreqate matter falling off of the truck, they are within their l riqhts to immobilize thét truck and keep it immobilized Lntil'a tarp is produced. Our problem is is that also immobilizes l our police. Now, it would be my contention that it would be far better havin: the police on the street doing something in the realm of real life heavy 1aw enforcement and protecting the public safety than being lmmobilized baby-sftting' with a truck that is flipping off aggregate matter and breaking windshields and pingin: cars and t 7 and plugging sewers, rather tban -- than being out doing what they should be doing. And that is why this law. We have tried every other Way, tneludin: voluptary ways. Wefve also tried very hard to keep our publiè from trying to 9et trucks off of our main thoroughfares. And theyêve been understanding about this. Everyone has tried to eooperate voluntarily. It has not worked. And this is my last recouzse.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) 266  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON S:NATE TRANSCRIPT 30'th Legislative Day May 2l, 1991 Senator Hall.

Do I read right to where this just appltes to Chicago and other places that are conLiguous to that?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Topinka.

Applies to Cook and the collar counties. So When Senatar O'Daniel qets concerned, I would point out to himz does not apply to his area.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Hall. SENATOR HALL; Itîs -- you know, that When you do that, youdre applying it to just one area. I -L I w6uld be very upset you just applied to my area and didn't apply it to others. But nevertheless, remember this, thak whep you stop some of these trucks, Ehe tarp could come loose, but they have what they call moving violations, so he could put -- he could bill the man on somethin: else, too. It -- this could run up to big figure.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) No further discussion? Senakor Topinka may close.

Well, again, I I -- I find it somewhat painful to come to the Leqislature with this. 7 But I think We have just absolutely exhausted every other possibàlity. think my colleagues were quite correct in noting that this is a problem limlted to Northern Illinois where, indeed, We do have the population densiey. We do have the buildup of trucks. is consistently going on. Our public is asking for something to be done. I -- I think by virtue of just the sheer list of groups that I have named - that have asked to support this bill - that it would make it perfectly clear 267  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 that we do need some help. And now the Legislature is the only plaee We could turn. I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) All right. The question is, shall Senate Bill 2-2-2 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted Who Wish? Rave all voted who wish? Have a1l voted who wish? Take the record. 0n that question: there are 23 Ayes, 28 Nays, l voting Present. Senate Bill 222, having not received the required required constitutional majority, is declared failed. Senator Daley. Senate Bill 230. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. NADRY) Senate Bill 230. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator Daley.

Thank you, Mr. Presidentz Members of the Senate. Senate Bill - - Senate Bill 230 requires individuals to sign an affirmation that they have liability insurance When they get their driver's license. It also increases fees for reinstatement for summary suspensions and DDI offenses. It increases fees for restricted drivin: permits and judicial driving permits. It extends the summary suspension from six to nine months, and it Would require persons who bave DUI offenses to pay up to five-hundred-dollars reimbursement to the local emergency services -- the local community. I know that there might be some guestions from the Secretary of State Office. have indicated to Mr. Madiqan from that office, that I'm willinq to work with his office to address some of their concerns. Ifd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) 268  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3ûth Legislative Day May 21, 1991 Discussion? Senator Hawkinson.

Thank you, Mr. President. I rise in reluctant opposition to this bill for a couple reasons. These amendments were placed on yesterday. When this bill went out of the Transportation Committee as an agreed bill there Was going to be one amendment aqreed to with the Secretary of State, now we have loaded this up with a -- many changes the law. Not the least of which, a graduated scale of reinstatement fees up to three hundred and fifty dollars to reinstate your license When you haven lt been convicted of a thing. You can go through the process. You can pay your attorney's fees. You -- if you are convicted you ean pay, in a lot of counties, five-hundred and seven-hundred and fifty dollar fines. And then instead of an eight-dollar fee to relnstate your license, you may have to pay up to three hundred and fifty dollars to reinstate. And for some of those it's for summary suspensions when they may have had the ease dismissed or have been found not guilty of driving under the influence. These are extreme changes. I point these out, not because all of them are bad ideas - that perhaps some of the fees shouldn't be raised, but so *he Members will understand what theydre voting for if they vote for this bill. I think theregre some problems. The sponsor's already acknowledged there are some problems. These should have gone through committee. If there's a bill comtn: over from the House, I'd suggest that the sponsor pick that up and put them on, but to send this out in this shape without any hearings and With these kinds of chanqes, I thinky would be a mistake.

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

Thank you, Mr. Presidene. Question of *he sponsor.

PRESIDING OFEICER: (SENATOR J.J. JOYCE) 269  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Indtcates he'll yield.

Thank you. Senatoçy on the Floor Amendment No. Which says that the fee for a restricted driving permit Will now go from eight dollars to one hundred dollars, is that on just DUI, or is that on a11 applications for a restricted driving permit?

PRESIDTNG OFFICER: (SENATOR J.J. JOYCE) Senator Daley. SENATOR DALEYI It is on all, Senator. And thatds, as I indicated to you, that -- that Was pointed oue and that's one thing thae could be -- would be corrected in the House. Por DU1 -- it's meant for DUI cases .

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator Watson.

Okay. Well, I think the record, hopefullyg will reflect your intent of changin: thaty because that certainly a 1ot to ask for someone who 's maybe had three moving violations and ask for a restricked driving permit, to have to pay a hundred dollars when - - just to be able to provide for his family. Another question, where does the money go from these fees in Floor Amendment No. Where does this -- what kind of a fund does this qo into?

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator Daley.

The -- the money goes to the Drunk and Drugged Drkving Prevention Fund, as Well as the Crime Victims Assistance Fund. And that, as Well as I indicated to the Secretary of State's Office. I know they have a concern with that, and I'm willing to work with them with the House sponsor.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) 270  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Senator Watson.

Yes. Thank you. With the agreement tbat youfre goin: to continue to work w1th the Secretary of Stake, because they do have some major concerns about this legislation, well then -- and I hope that you will do that and youlve made that commitment and that's fine and I appreciate that. Thank you.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Schuneman.

Question of the sponsor, Mr. President.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) He indieates he'll yield.

Senatorr remember yesterday you amended a bill that would require information of an applicant for a vehicle registration as to whether or not'that applicant had insurance on the cary am I not correct?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Daley.

Senator, to :et you driver's lieense you have to sign this affirmation.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Schuneman. SENATOR SCHUNEMANZ That's exactly my point. The -- the automobile insurance generally follows the vehicle and has no relation to the driver's license. There's no -- there's no requirement of any kind that that in Illinois we show that each driver has an insurance policy in his name. 0ur requirement in Illinois is that each auto must be insured, and that's how the drivers qet their insurance. 271  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Qth Legkslattve Day May 2l, 1991 really don't see the point of what it is you're tryin: to accomplish here. Por exampley many people who do not cwn aueomobiles will have no insurance to list khen they apply for a driver's license. They may drive my car or their parent's car or their sister's car or somebody, which has insurance and so don 't think that this requirement is the right way to get at your problem . If youlre trying to show -- have people shoW that they have insurance on 'al1 the vehicles they miqht drive, this is this won't accomplish

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator Collins.

Senator, is that what youdre doing, because -- is that the intent of the legislation or is that some kind of -- one of the deficiencies that youdre goin: to work on?

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Daley.

That is the intent and the first amendment tbat was put on yesterday was given us to us by the Secretary of State's Offiee, and it indicates yhen applicable. PRESIDING OPFICER: 'ISENATOR J.J. JOYCE) Senator Collins.

So, Senatory -- what you 've actually done is extend that the Mandatory Liability Insurance Act to include everyone who has a driver's license. And -- and that's not the intent even meane I Was opposed to tàat under the circumstances of not having any insurance rate regulakions in this State, and the hardsbip that imposes upon people in my area because of the excessive rates that they have to pay for all insuranees. Sur/ly you don't expect my son or -- or y 'our children to -- to have to have proof 272  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2ly 1991 of insurance -- liability insurance in order to get their driver's license renewed. That can 't be the intent. PRESIDING OFFICER; (SENATOR J.J. JOYCE) Senator Daley.

No, Senator. Itês -- if it ls registered in your name then there's -- there shall be insurance in force.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Collins.

But isn't that already a part of ehe law that says that you don 't -- -- is found that you don't''have liability insurance and when you -- of course, when you go to reapply for your driver's license renewal that -- that you would have to indicate it already. Isn't that already a part of the 1aW?

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Daley.

Senator, where a permanent -- again, when you -- when you do renew your driver's license. So itls when you renew that application that you are affirming this.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Collins.

Okay. Then -- you know, -- I can understand you saylng khat youere goln: to work with the Secretary of State on this bill, but really cannot, in good ùonscience, support it, because -- first of all: I Was opposed to the mandatory insurance laws without some kind of rate.-- rate control and accountability on the part of the insurance industry, and I most certainly would not support a bill that would lend itself to tiqhtening or stren:thin: that laW in the absènce of those regulations. So I Would have to 273  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l# 1991 oppose your bill for that reason. PRESIDING OFFTCER; (SENATOR J.J. JOYCE) Purther discussion? Senator Brookins.

Thank you. In committee it Was understood, or thought was understood, that we Would just put one amendment on this bill and With that understanding it came out of committee flyingy but then we've loaded it up With every imaginable bad idea that has ever come before this General Assembly. And with reluctance I'm going to ask thae we take a No vote on this bill. It's made a bill -- it's made a terrible bill out of it. It's a problem now and with that I'm going to encourage us to vote No on this bill.

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

Well, thank youy Mr. President. 1, for one, like the directioh that the b1ll is going and I ântend to vote for it. just have one question to Senaeor Daley regarding the Floor Amendment No. 5.

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

0ur staff analysis, Senator Daley, states that as a condition of supervision the court may require restitution to a public agency for emergency response if a person reeeives supervision for a violation of the DUI law. Can you just clarify to me what -- what emergency response we're referring to?

PRESIDING OPFICER: (SENATOR J.J. JOXCE) Senator Daley.

He would have to pay for the -- ambulance cost.

PRESIDING OFFICER: (SENAQOR J.J. JOXCZ) 274  STATE OF ILLINOIS 87th CENERAL ASSEXBEY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21# 1991 Any further discussion? Hearinq none, the question is -- Senator Daley may close.

Simply, I would ask for favored vote -- roll call.

PRESIDING OFPICER: (SENATOR J.J. JOXCE) All right. Question is, shall Senate Bill 230 pass. Those in favor, vote Aye. Opposed, vote Nay. The eoting is open. Have a1l voted who wish? Have all voted who Wish? Have a11 voted who wish? Take the record. On that questionw there are 18 Ayes, 31 Nays, 2 votinq Present. Senate Bill 230, having not reeeived the -- the required èonstitutional majority, is declared failed. 232. Senator Welcb. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 232. (Secretary readz title of blkl) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Welch. Senator Welch.

Thank you, Mr. President. What this bill does is ereate a task force under the authority of the Attorney General to combine environmental legal resources throughout the State to determine exagtly Where We're spending our money on envlronmental problems. In counties and eities We have environmental groups trying ta clean up the environment, as well as on the State level. What we are tryin: to do is create a task force for ehe Atkorney General to revtew the 1aw to determine if there should be any changes to more effectively utilizé the scarce resourees we have designated for eleaning up tbe envlronment. The task force will consist of the Attorney General or a designee; two members appointed by the Governor representing agencies With environmental responsibilities, such as EPA and ENR; one member appointed by 275  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 8ad 1991 eaeh leqislative leader; and appointed by -- one appointed by the Attorney General; one member representin: the environmental community; and one representing business. I'd be glad to answer any questions.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Any diseussion? Senator Geo-Karis.

Mr. President, Ladies and Gentlemen of the Senate. What this bill actually does is create an oversight agency to monitor the actions of the Pollution Control Board, the EPA, the ENR, Nuclear Safety, Conservation and other loeal and intergovernmental agencies. Wby do we need it? That means more money, more staffing and we got the ageneies to do the job, and I don't Lhink that we should go ahead w1th this bill at this time when we are so short of funds. One billion tWo hundred million dollars is the shortage that We goty and since we have a11 the agencies wbo do that I don 't think we need this bill: at this time. And I rise to speak against it.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Welch.

Senator, youlre speaking to the original bill that created environmeneal advocate - we took that out of the bill at the request of the Attorney General. This doesn't create the environmental advocate. If fact, we also put an amendment on here tbat doesn't even pay anybody for showing up at meetings. We don't think it's going to cost any money at all, frankly. And the idea of it isn 't to oversee what the Pollution Control Board does, as much as it's to oversee State expenditures on environmental problems that may overlap with local expendltures or federal expenditures. So itls mainly a task force for trying to oversee the money that's spent: not ko tell the Pollution Control Board 276  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Bth Legislative Day Ma# 1991 What to dor Senator. PRESIDING OFPICER: (SENATOR J.J. JOYCE) Any further discussion? If not, the question is, shall Senate Bill 232 pass. Those in:favor, vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wish? Have all voted kho wish? Have all voted Who wish? Take the record. On that question, there are 50 Ayes, 2 Nays, votin: Present. Senate Bill 232, having received the required constitutional majority, is declared passed. Senate Bill 228. Senate Bill 248. I'm sorry. Senator Berman. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRX) Senate Bill 248. ' (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Berman. SENATOR BERMAN: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 248 provides that the medical histories of adopted and foster children go -- go with ehose children. Wedve made amendments to address the concerns of the Department of Children and Family Services, and to assure the anonymity of both the biological parents and biological siblings. solicit you Aye vote.

PRESTDING OFFICER: (SENATOR J.J. JOYCE) Is there any discussion? Hearing none, the question is# shall ( Senate Bill -- Senate Bill 248 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Have all voted Who Wish? Take the record . On tbat question, there are 52 Ayes, none voting Nay, and none voting Present. ienate Bill 248, baving reeeived the required constitutional majority, is declared passed. Senate Bill 277  S:ATE OF ILLINOIS 87th GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 257. Senator Rock. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate B111 257. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Rock.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Currently the Metrppolitan Water Reclaaation District is represented by nine krustees, all of whoa are elected at large from the County of Cook. Senate Bill 257 will state and mandate that in -- for the 1994 and subsequent eleetions, those trustees Will be elected by district, which nine districts are to be drawn by this Body prior to the 1994 election. The purpose of this, in my judgment, is obvious. It is to afford more aecountable representation than an at-larqe election currently affords. In additiony We have taken an amendment sugqested by the sitting trustees to honor the terms of office of those elected 1992 or 1990 and 1992. They are currently eleceed for a six-year term. There is no intent on our part to, in any way, truncate their term by operation of lawy We will afford them the opportunity to serve out their term : but the fact is I tbink that the election at -- by district as opposed to at large w11l afford a better and more accountable representation. And I kould solicit your Aye vote.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Is there any discussion? If not, the question is, shall Senate Bill 257 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who wish? Have al1 voted Who Wish? Have a11 voted who wish? Take the reeord. On that question, there are 49 Ayes, 3 Nays: none voting Present. 278 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Senate Bill 257, having received the required eonstitutional majority: is declared passed. Senate -- Senate Bill 259 is on a Recall L1st. Senate Bill 267. Senator Schuneman. Senate Bill 269 is on a Recall List. Senate Bill 270. Senator Maitland. Senator Maikland . Okay. Senate Bill 293. Senator Cullerton. 293. Senator Cullerton. 322. Senator DeAngelis. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) Senate Bill 322. (Secretary reads title of bil1) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. This bill, Senate Bill 322, allows educatlonal service eenter programs to offer to private schools - it's permissive - after a1l publie schools have been afforded adequate aecess. This bkll came out of a situation that occurred in my area where the educational service eenter convened a meeting of a scientific literacy program and after several meetinqs it was determined that one of the teachers attending Was from a parochial school, and he advised thàt person that she could not be there and refused, even after the director of the proqram said she eould be there, he said he refused to do it without authorization. This I bill simply permits that àctivity to oceur. PRESIDENT ROCK: ' Gentleman has moved passase of Senate Bill 322. Discussion? If not, the questi 'on 1s, shall Senate Bill 322 pass. Those in favor kill vote Aye/ Oppo:ed, vote Nay. The voting is open. voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, Nay, none voting Present. Senate Bill 322, having received the 279  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 30th Leqislative Day May 21. 1991 required constitutional majority, ls declared passed. A11 right. Ladies and Gentlemen, with leave of the Body, wefre going to move to the Order of Recalls. The Recall List has been passed out. Members have indicated they want the opportunlty to present their amendments. It will help the Enrolling and Engrossing and clerical if We can get done this evening. So I would ask your attention and your indulgence as we go through the Recall List. At the conclusion of the Recall tist, there are Members Who have indicated -- there's a resolution on the Secretary ls Desk that Senator Alexander has requested leave to attend to, and there are Motions in Writing spohsored by Senators Etheredge and Maitland that they 've asked that we attend to. So we are not eompleted, but we promise you we will be out of here by six o'clock. Page 13 on the Calendar. On the Order of Senate Bills 3rd Reading: Senator Topinka seeks leave of the Body to return Senate Bill 78 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 78# Madam Secretary.

Amendment No. 3 offered by Senator Topinka.

Senator Topinkae on Amendment No. 3.

Xes. This amendment, Mr. President, Ladies and Gentlemen of the Senate, addresses the county clerks' concerns with the Pax bill. and basically is their agenda. PRESIDENT R0CK: Senator Topinka's moved the adoption of Amendment No. 3 to Senate Bil1 78. Discussion? If note al1 in favor, indicate by sayin: Aye. All opposed. The Ayes have The amendment's adopted. Further amendments?

280  STATE OF ILLINOIS 87th GDNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21e 1991 No further amendments.

3rd Reading. Page 'l4 on the Calendar. Senator Ralph Dunn. On the Order of Senate Biïls 3rd Reading is Senate Bill 259. Senator Ralph Dunn seeks leave of the Body to return that bill to the Order of 2nd Readknj for purposes of an amendment. Is leave qranted? Leave is granted. On the Order of Senate Bills 2nd Reading is senate Bill 259, Madam Secretary.

Amendment No. 3 offered by Senator Ralph Dunn.

Senator Dunn.

Thank you, Mr. Prekident and Members of the Senate. This merely chanqes the letter 'feff to the letter ''a'' in ''effectlnq'' to ''affectlngy'' and I move its adoption.

Senator Dunn has moved the adoptlon of Amendment No. 3 to Senate Blll 259. Discuss' ion? If not , all in favor, indieate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendpents. PRESIDENT ROCRI 3rd Reading. Bottom of Page 14. On the Order of Senate Bills 3rd Reading, is Senate Bill 269. Senator Jacobs seeks leave of the Body to retuzn that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 269, Madam Seeretary.

Amendment No. l offered by Senators Jacobs and Keats. 281  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30tb Legislative Day May 2l: 1991

Senator Jacobs. SENATOR JACOBS; Thank youz Mr. President and Ladies and Gentlemen of the Senate. The amendment to -- Amendment No. to 269 clarifies the computation for the prepayment of interest as specified in the Interest Act - that it shall not affect the prepayment provisions of the installment loan rate, consumer installment and the Retail Installment Sales Act. This is -- the qenesis of this is to straighten up a number of class aetions suits that have been brought forward.

Senator Jacobs has moved the adoption of Amendment No. l to Senate Bill 269. Discussion? If not, a1l in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Purther amendments?

No further amendments.

3rd Readinq. Senator Friedland. The middle of Page 15. On the Order of Senate Bills 3rd Reading, is Senate Bill 3-8-9. Senator Friedland seeks leave of the Body to return tbat bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 389, Madam Secretary.

Amendmene No . 2 offered by Senator Friedland.

Senator Friedland, on Amendment No. 2.

Thank you, Mr. President. At tbis timey I'd ask leave or pursuant to an aqreement from staff on both sides of the aisle# 282  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 1'd ask leave to Table Amendment 1.

Al1 right. Senator Friedlandr having voted on the prevailing side, is moving to reconsider the vote by which Amendment No. 1 to Senate Bi11 389 has been adopted. A1l in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have it. The vote is reconsidered. Madam Secretary, Senator Friedland now moves to Table Amendment No. l to Senate Bill 3-8-9. Discussion? If not, #ll in favor of the motion, indicate by saying Aye. A11 opposed. The Ayes have The motion carries. i Amendment No. l is Tabled. Further amendments?

Amendment No. 2 offerdd by Senator Friedland.

Senator Friedland, on'Amendment No. 2.

Thank you very much, Mr. President. This is the window amendment that we agreed to, and I promised the committee I'd do this and I'm doing it. Thank you.

Senator Friedland has moved the adoption of Amendment No. 2 to Senate Bill 389. Discuysion? If not, al1 in favor, indlcate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. T' op of Page l6. On the Order of Senate Bills 3rd Reading is Senate Bill 460. 4-6-0. Senator Jones seeks leave of the Body to returh that bill to the Order of 2nd Reading for the purposes of an amèndment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 283  SiATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 460, Madam Secretary. SECRETARY HAWKERI Amendment No. l ùffered by Senator Jones.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Yeah. Thank thank you, Mr. -- Mr. President. Amendment No . is a clarifying amendment and what it does is states that human remains cannöt be cremated till a permit is issued and move its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones has moved the adoption of Amendment No. to Senate Bill 460. Discussion? If not: those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted. Further amendments?

Amendment No. 2 bffered by Senator Jones.

Senator Jones.

Yes. Thank you, Mr. President. Amendment No. 2 is really -- merely a technical amendment that cleans up tbe bill, and I aove its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senatar Jones has moved the adoption of Amendment No. Is there discussion? If note those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Middle of Page 16 is Senate Bill 507. 284  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 Senator Watson seeks leave of the Body to return Senate Bill 507 to khe Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. Senate Bills 2nd Readinq is Senate Bill 507, Madam Secretary.

Amendment No. l offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGELIS: I'm -- I'a withdrawing that amendment.

PRESIDING OPFICER: (SENAYOR DEMUZIO) A1l right. Senator DeAngelis seeks leave to withdraw . Leave is granted. Further amendments? i

Amendment No. offered by Senator Watson. PRESIDING OFFICER) (SENATOP DEMUZIO) Senator Watson.

Yes. Thank you: Mr. President. First of all, I'd like to i thank Senator DeAngelis for relinquishing the sponsorship of this legislation, allowing me to put this amendment on and hopefully carry it on to 3rd Rèading. This partieular amendment - Amendment No. l to Senate Bill,507 addresses the Prompt Payment Act and it's for Medicaid providers. Those @ individuals out there are providin: Medicaid assistance to thè -- the poor of tbis State, such as pharmacists, that -- whiFi h I am, as I'm sure al1 of you are akare of, hospitals, nursing homes, doctors, and what this would do ls state that after July 1st of 1992 - we put that provision in there, July 1st 1992, because Governor Edgar is making an effort now to try to go to Mixty'days on a Prompt Payment Act through the appropriations process for the Medicaid providers. So wefre going to qive him that year and then next year: startinq July lst of 285  STATE OF ILLINOIS 87th GSNERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l: 1991 '92, the -- it would go to thirty days. That's one of the provisions of the amendment. This would be called a Thirty-day Prompt Payment Act. Secondly, if -- if that payment is not due then automatic interest #enalties of two-percent a moneh become a reality and would be done so without any klnd of a provision or requirement of the Medicaid provider to file any kind of affidavit or statement or billing or voueher or whatever in order to collect that. It would be automatically added to the next check or a Warrant, which would be Made avallable from the Comptroller's Office. Another concern, and we had the bill in committee in the subcommittee on State Government Operations, a concern was from the Comptroller's Offiee that this might preempt the Common School Fund payment. Well that cerkainly isnft the intent here, and we put a provision in this that says that: 'Inothing in this Act shall be interpreted as requirin: the Coaptroller to prioritize the payment of obligations.'l Hopefully that addresses that particular goncern. So IId appreciate tbe adoption of the amendment and move for the adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Waeson has movêd the adoption of Amendment No . 1 to Senate Bill 507. Discussion? Senator Severns.

Thank youz Mr. Fresident and Members of the Senate. I rise in opposition to this amendment. First of all, Senate Bill 507, when it came to our State Government Committee on Organization, Admlnistration it was in entirely differenE form. It was reporeed out on an agreed list with the understanding that there would be no amendments added to the bill, and in fact, it's been entirely stripped and a bill that remained in the subcommittee, Senator Watson 's bill, Senate Bill 30 has noW beeome the bill on 507. So in factr think there'is an attempt to clrcumvent the process, which is unfortunate. But to the amendment itself: our commlttee 286  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslative Day May 2l, 1991 held held -- appointed a subcommittee to hold hearings on the several Prompt Payment bills lntroduced before the Senate. Senator Leverenz chaired that subcommittee. Senator Carroll and Mahar were good enough to be Members of the subcommittee, as Well, and heard lengthy testimony on the various different prompt payment bills before them. The concern voiced by the Department, the concern voiced in my eonversations with Comptroller Netscb is what, in fact, the intent of SB30, noW SB507# would really mean. And at least in the Words of Senator Ksic> (Comptroller) Netseh, when respondin: to my questions on SB30, which has now become the bill that -- the amehdment to 507, she expressed coneern that if this ease would go to court, the State, in fact. would be foreed to pay these bills prior to paying bills into the Common -- dollars into the Common School Fund. The departments. in faet, sald they could not process tbe bills in the thirty days that this bill Would require. There's not a one of us in this Chamber who don 't regret and prefer to change the outstanding Medicaid bill situation. And we put plans and programs forward to do so, but Amendment to 507 is not the way to do it, and I would urge a No vote.

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

Thank you: Mr. President, Ladies and Gentlemen of the Senate. 1, too, rise in opposition to this amendment, and I would ask the Gentleman if he would be kind enough to withdraw it. What he 's doing here is We are strikin: the title and everything after Ehe enacting clause and literally startin: over. And if this was such a hot idea, it really ought to have been offered in commiteee. Let me suggest also, two other things that really trouble me. The Governor is proposing to bring the -- bring the vendors down to a sixty-day payment cyele based upon a five-percent cut, and a11 287  STATE OF TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 you're doing here is saying, ''A year from now We're going eo make it thirty days. and that'll entail another five-percent cut under his theory of government.'' That doesn't make a lot of sense to me. And thirdly, I don't think we ouqht to put the Director of the Department of Public Aidz irrespective of party or personality: in a position where he or she can direct an elected official namely the Comptroller, to do anything. That simply flies in the face of a constitutional office. Now everybody admits we've qot a problem, but I -- trust me, this not the solution, and I woul3 ask the Gentleman to Withdraw or else urge opposition.

PRESIDING OFFICER: (SENATOR DEMUZIO) Eurther discussion? Senator Leverenz.

I thank you, Mr. President. I think the both -- the two prior speakers have said enough on the whole thing. It Was heard in committee and it was the subcommittee's choice that the bill not come out, and I would encourage this to be withdrawn and not: defeated .

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise to join with my colleagues in suggesting this a poor amendment to an idea that unfortunately is a problem that needs to be solved. And needs ko be solved because of the inabillty of the State to pay its bills. Senator DeAngelis had a bill that dealt specifically with contractors. The subcommittee felt that was an important area to be dealt with separate and aside. Senator DeAngelis, through representatives agreed that upon moving the bill there Would be no amendments, or anythin: else and kt would deal just wlth the area of contractors. Now, of course, 288  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 that's all been stripped out by this amendment and -- and now it deals with something that the departments had indicated r through numerous hearinqs of the subcommittee, could not physically be done. Senator Leverenz, at the request of Senator Severns, had several meetings wikh the subcoamittee, and it was decided that a sixty-day prompt payment bill was doable and important to do so that the penalty -- the penalty to the State for nonpayment be severe enough to foree a payment. We never wanted the interest factor to come into play Z for not only the benefit of the State, but for the benefit of the vendors. Department of Public Aid indicated it was absolutely impossible to meet a thirty-day time frame. Absolutely impossible. To say to them, ''We 're golng tc foree you to do something you cannot do. We're going to pay funds that are needed for other purposes for interest.'' Even though am firmly eommitted to the idea, that the State must be penalized if it's not paying in a acceptable timely fashion, but to pay interest after thirty days, When the Department said that there's just no way that they can process tbe paper, verify the bill, whieh they have to do in Public Aid, :et the approval of the vendor, as well and get it over to the Pomptroller and then let the Coaptroller process - those thirty days are just an unreachable number. And Ehen what happens with the interest? The interest comes out of money that would have gone to pay for services to people. Be it nursing homes or hospitals, and those are nonreimbursable from federal government spendinqs. So that, not only will there be a five-percent reduction, but because a thirty-day level ls not acheivabley we will aceually be taking money away from those who need it the most, the vendors for the services theydre providing. That's why Senator Leverenz's subeommittee recommended a sixty-day cycle, because sixty days is not only achievable# but something where a penalty should really apply if wedre not meetini it. think this is a -- a nonworkable 289  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 piece of legislation and the amendment should be defeated.

PRESIDING OFPICER: (SENATOR DEMUZIO) All riqht. Further discussion? Senator Watson may close .

Well, thank you, Mr. President. And I appreciate the remarks of a1l speakers, and I know that there 's a 1ot of people anguishing over this particular process riqht nowe and maybe it isn't necessarily something that like either, but -- and especially Senator DeAngelis, and -- and quite honestly, Senator DeAngelis and Senator Watson neither one were ever a part of any kknd of an agreement that was made between the committee and and either of us. My -- my approach to this was to introduce a bill, which was Senate Bill 30, and I did so. It was put into the State Government Operations Committee, and assigned to a subcommittee and we had a fair hearing. was told by the chairman of the committee that I would then have an opportunity to have that bill heard by the committee as a whole, and I was told at that particular time that it Would be held on a Friday. Well, the committee met on -- I'm not sure What day of the week it was, but it was earlier in the week and they caneelled the Friday meetinq. And as a result my bill, quite honestly, wasn't given an opportunity to be heard by the committee. I felt that that was an injustice and told the chairman that and We've talked about and -- and so here we are at this particular situation and -- and a i s said, itds not necessarily one that I rellsh either. But do Ehink that we have a problem in this State, and one thing that we have to do is establish priorities When comes, not only to Ehe budgeEary proeesùg buk also by which the Governor approves our budget. The Medicaid providers of this State are hurting . And I know al1 of you in this Chamber know that. Ifm -- youdve got to be aware of that. Nursing homes are on the verge of closing throughout this Gtate. Pharmacies, especially those in 290  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 the metropolitan area in which service a great deal of the poor: having fifty, sixty, seventy percent of their business being public aid. There's drug stores i.n thi.s State that are (nwed a quarter of a million.dollàrs. In one particular instance tllere's . drug store owed over two million dollars by this State . He 's in the bank borrowing -- borrowing money, as are nursing homes , as are hospitals just to stay afloat. Wbat this attempt to do is to establish a priority by wùich the State will pay their bills in a timely fashion. Now, Senator Carroll mentioned thab the Department of Public Aid said they couldn't live With thirty days. Now I didn't hear that statement from those folks, because I sat right next to them and Ehey said they eould get this done within thirty days, and other states do it within flfteen days. Other states do it in less tban fifteen days. There's no reason why this State can't live'up to its financial obligations and make its payments to the providers of this State -- the Medicaid providers in a timely fashion. Well, with that -- that's 1111 close and appreciate your support and a roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson has moved the adoption of Amendment No. 1 to Senate Bill 507. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted Who wish? ; Have al1 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 24, the Nays are 30, voting Present. The amendment fails. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 542. Senator Maitland. On the -- Senator Maitland seeks leave of the Body to return Senate Bill 542 to the Order of 2nd Readinq for the purpose of an amendment. Is leave granted? Lea/e is granted. On the Order of Senate Bills 2nd 29l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY XEGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l# 1991 Reading is Senate Bill 542, Madam Secretary.

Amendment No. l offered by Senator Maitland. PRESIDING OFFICER: ' ISENATOR DEMUZIO) Senator Maitland.

Thank you very much, Mr. President. Members of the Senate, Amendment No. to Senate Bill 542 attempts to narrow qreatly the scope of this legislation. In the original bill we grant the Seate Police one more eategory with which to give to felons a -- a FOID card. and my biil originally sugqested that anyone who had received a Gubernatorial pardon could also be considered for for a POID card. We have narroWed that and exempted -- or stated 7 that -- that the applicant cannot -- eould not have been convicted of a first degree murder, second degree murder or any offense punishable as a Class X felon -- felony, and lt narrows the scope greatly. Mr. President, would move for the adoptlon.

PRESIDING OFFICER: (SZNATOR DEMUZIO) Senator Maitland has moved the adoption of Amendment No. to Senate Bill 542. I'm sorry. 542. Those in favor will indicate by saying Aye. Opposed. Nay. The Ayes have it. Amendment No. is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Paqe 18 is 745. Senator Collins seeks leave of the Body to return Senpte Bill 745 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. Senate Bill; 2nd Readin: is Senate Bill 745, Madam Secretary.

Amendment No. l offerèd by Senator Collins. 292  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslative Day May 21, 1991

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins.

Thank you, Mr. President. The amendment really was a eommittee amendment, put on in committee and somehow there was a little confusion herez but what does is just clarifies the intent. It's an intent clause put on the legislation. I would just move for its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins has moved the adoption of Amendment No. to Senate Bill 745. Is there discussion? If -- if not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted. Further amendments?

No further amendments.

PRESTDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 7-7-0 on Page l8. Senator Keats seeks leave of the Body to return Senate Bill 770 to the Order of 2nd Readin: for the purpose of -- of an amendment. Is leave granted? Leave is granted. Senate Bills 2nd Reading is Senate Bill 7-7-0, Madam Secretary.

Amendment No. l offered by Senator Keats.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Keats.

Pardon me. Excuse me. That was Floor Amendment No. 2 offered by Senator Keats.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Keats.

Thank you, Mr. President. This is an amendment that is 293  STATE OF ILLINOIS 87th GENERAL ASSEXBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l: 1991 purported to be one that we will eventually eall an agreed amendment. At the moment it is not completely agreed. We're going to put on the bill. The bill will go back to 3rd Reading, but the bill goes nowhere if this is not an agreed amendment. It's just a time question to get it on and keep moving. PRESIDING OFEICER) (SENATOR DEMUZIO) Further diseussion? Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, if I can interject in the middle of this since people are starting to walk out - there will be a Republican Caucus tomorrow morning at 8:30 1 avm. in Senator Pate Philip's office.

PRESIDING OFFICER: (SENATOR DEMUZIO) : A11 right. The big breakfast tomorrow morning. Further -- Senator -- diseussion? Senator Hall.

Mr. President and yembers of the -- of the Senate. The Chairman, Marovitz ig awayz but I%m tbe Vice Chairman the Executive Committee and he has discussed this with the understanding that this bill goes no place until there is an agreement.

PRESIDING OFFICER: (SENATOR DEMUZIO) All riqht. Senator Keats has moved the adoption of Amendment No. 2. Those in fakor will indicate by saying Aye. Opposed, Nay. The Ayes have Amendment No. 2 is adopted. Purther amendments?

No further amêndments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 8-3-0. Senator Berman seeks leave of the Body to return Senate Bill 830 to the Order of 2nd Reading for the 294  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 purpose of an amendment. Is leave granted? Leave is granted. Senate Bills 2nd Reading is Senate Bill 8-3-0, Madam Secretary.

Amendment No. 2 offered by Senator Berman.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.

Thank you. In reviewing this bill, Senate Bill 830, noticed that there was an error. This bill deals with denial of coverage, rather that cancellation. What khis amendment does is delete tbe word ''cancelled'' from the bill. move the adoption of Amendment No. <sicy (2).

PRESIDTNG OFPICER: (SENATOR DEMUZIO) Senator Berman moves tbe adoptkon of Amendment Na. to Senate Bill 830. Is there discussion? If not: those favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No . 2 is adopted. Further amendments?

No further amendments.

PRESIDING OPPICER: (SENATOR DEMUZIQ) 3rd Reading. 873 on Page l9. Senator Etberedge seeks leave of the Body to return Senate Bill 873 to the Order of 2nd -- for the purpose of an amendment. Is leave granted? 0n -- leave is granted. Senate Bills 2nd Reading is Senate Bill 873, Madam Secretary.

Amendment No. l offered by Senator Donahue.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Donahue.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amendment does what Senate Bill 1643 did last year' and 295  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 21, 1991 passed the Senate 54 to nothingy and unfortunately that bill was used as a vehicle for some unrelated issue. But this amendment extends the civil liability provisions that apply to a minor under the Juvenile Court Act for a dissolution involving public or community service to a statlonhouse adjustment provided for under the Act, and I would ask for your support and move for the adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue has moved the adoption of Amendment No. to Senate Bill 8-7-3. Discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1046. Senator Carroll. 1-0-4-6. On Page 20 seeks leave of the Body to return 1-0-4-6 to the Order of 2nd for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1-0-4-6, Madam Secretary. END OF TAPE TAPE 7

Amendment No. l offered by Senator Carroll.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 296  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslatkve Day Ma# 1991 After discussion today -- earlier today With representatives of the life insurance companies and others Who felt we were singling them out on asking a1l those who utilize the Office of the Comptroller for purposes of Withholding and submitting payments to them, that we were not intending to single them out. Amendment No. 1 would clarify that would be any of those serviees performed by the Comptroller for any purpose other than the cnes that are truly related to State employmenty that the Comptroller could be -- could charqe a fee in order for the Comptroller's Office to be made whole and to produce about eight hundred thousand dollars in General Revenue to the State. Would move adoption of Amendment No. 1.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Carroll has moved the adoption of Amendment No. to Senate Bilt 1046. Discusstan? If not, those in favor will indicate by saying' Aye. Opposed, Nay. The Ayes have Amendment No. l is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMDZIO) 3rd Reading. Page 38. Senator Jones seeks leave of the Body to return Senate bill 1077 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. Senate Bills 2nd Reading/ Senate Bill 1077, Madam Secretary.

Amendment No. l offered by Senator Jones. PRESIDING OFFICERI (SENATOR DEMUZIO) Senator Jones.

ïeah, thank you, Mr. President. Amendment No. 1 extends the nursing home pilot licensure survey termination date to 12/31/93 and as reporting date to the Governor and Members of the  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRTPT 30th Legislative Day May 2l, 1991 General Assembly to June 30tb, 1992, and I move its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones has moved the adoption of Amendment No. to Senate Bi1l 1077. Is tbere discussion? not, those kn favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 1 is adopted. Further Amendmenes?

No further amendmenfà.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1202. Senator Hall. 0n Page 22. Senator Hall seeks leave of the Body to return Senate Bill 1202 to the Order of 2nd for the purpose of an amendment. Leave granted? Leave is qraneed. On t5e Order of Senate Bills 2nd Reading is Senate Bill 1-2-0-2, Madam Secretary.

Amendment No. l offered by Senator Hall.

PRESIDING OFFTCER: (SENATOR DEMUZIO) Senator Hall.

Mr. Presldent and Ladies and Gentlemen of the Senate, at the advice of this august Body that I recall - and the amendment's going on - and what it does, it deletes everything and becomes the bill. It requires each local emergeney services and disaster agency to submit emerqency operatlon plans for review and approval by ESDA. This amendment represents an agreement betWeen ESDA and the Audit commission. I move for the adoptlon of this... PRESIDING OFFICER: ' ISENATOR DEMUZIO) Is there discuksion? Senator Hall has moved the adoption of Amendment No. l to Senate Bill 1-2-0-2. If not, those in Eavor will indicate by sayinq Aye. Opposedy Nay. The Ayes have it. Amendment No. l is adopted. Further amendments?

298  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslative Day May 21. 1991 No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Page 40 is 1310. Senator Schuneman seeks leave of the Body to return Senate Bill 1310 to the Order of 2nd Reading Eor the purpose of an amendment. Is leave graneed? Leave is granted. On the Order of Senake Bills 2nd Reading is Senate Bill 1-3-1-0, Madam Secretary.

Amendment No. 1 offered by Senator Schuneman. PRESIDING OEFICER: ISENATOR DEMDZIO) Senator Sehuneman.

Thank you, Mr. èresident. This amendment was furnished to me by the Legislative Reference Pureau who discovered a technical error in the bill. So, this amendment is strietly teehnieal in nature, and I would move its adoption.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Schunemah has moved the adoption of Amendment No. to Senate Bill 1310. Is there discussion? If not, those in favor will indicate by saying Aye. Those opposedy Nay. The Ayes have it. Amendment No. l is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. If you fll noW turn to Page 58. Page 58 of your Calendar. secretary's Deskp Resolutions. Fage 58 of your Calendar, Secretary': Desk, Resolutions. With leave of the Body, we'll go to that order/ Leave ts granted. Is House Jotnt Resolution 34, Madam Secretary.

House Joint Resolution 34. Senator Alexander offers Am endment uo. 1. 299  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 30th Legislative Day May 2l# 1991

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Alexander, on Amendment No. 1.

To the Body: Bouse Joint Resolution 34 - the amendment deletes a11 of the prior information. ïou should have had a copy on ycur desk as of Monday morning. This amendment reflects a bipartisan effort to express concern over the eensus undercount, and ask for the passage of this amendment. Ifll answer any questions, if there be any.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Alexander has moved the adoption of Amendment No . to House Joint Resolution 34. Is there discussion? Senator Danahue.

Thank you. Rind of talkative, aren't 1? I want to just tell the Membership that I appreciate Senator Alexander's work and help on making this resolution something that we can all support. It's an agreed-to amendment, and we would move for its adoption as well.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Alexander has moved the adoption of Amendment No. House Joint Resolution 34. Those in favor Will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted. Is there any further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. On House Joint Resolution 34, as amended, Senator Alexander. Senator Alexander.

Thank you. move that House Joint -- House Joint Resclution 34 be adopted, be voted upon and passed out of this...

PRESIDING OFFICER: (SENATOR DEMUZIO) 300  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislatlve Day May 2l, 1991 Senator Alexander has moved the adoption of House Joint Resolution 34# as amended. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have House Joint Resolution 34 is adopted. If you'll turn to Page 59. Page 59. Motions in Writing. Motions in Writinq. Page 59, is Senate Bill 309, Madam Secretary. SECRETARY HA%KER : I move to suspend Senate Rule 5(e) and that the Committee on Appropriations 11 be discharged from further consideration of Senate Bill 309 and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Etheredge.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Carroll. All right. Senator -- Senator Etheredge.

Thank you, Mr. President, Ladies'and Gentlemen of the Senate. This is a substantive bill; however, it was referred to the Appropriations Committee and Was not taken up until after the deadline for the passage of substantive bills. I believe that this discharge Motion is supported by Senator Hall.

PRESIDING OFPICER: (SENATOR DEMUZIO) A1l right. Discussion? Senator Hall.

He's absolutely correct, and I concur.

PRESIDING OFPICER: (SENATOR DEMUZIO) A11 rtght. senator Etheredge has moved to discharge the Committee on Appropriations 11 from further consideration: and that the bill be placed on the Calendar on the Order of 2nd Reading. Those in favor Will indicate by saying Aye. Opposedv Nay. The Ayes bave it. Senate Bill 309 has been discharged, and is will be posed on the Order of 2nd Reading. Further Motions in Writing, is Senate Bill 598, Madam Secretary. 30l  STATE OF ILLINOIS 87th CENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRYPT 30th Legislative Day May 2l# 1991

move to discharge the Committee on Insuranee, Pensions and Licensed Aetivities from further consideration ot Senate Bill 598 and that it be placed on the Calendar on tbe Order of 2nd Reading. Filed by Senator Maitland.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senatol Maitland.

Thank you very mucb: Mr. President: Members of the Senate. First of all, Ild like to ask leave of the Body to have Senator Jones shown as a hyphenated co-sponsor of this legislation, please.

PRESIDING OFFICER: (SENATOR DEMUZIO) Therels been a request for a roll call. Senator Maitland has -- has requested leave to add Senator Jones. Is leave granted? Leave is granted. So ordered. Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. Senate B111 598 was heard in committee and Was held there -- was heard in subcommittee, was held there and was thought to have been a part of the pension bill that comes out later in the Session. Senator Jones, and I have both agreed that this is not a pension issue. There is, as far as We know, no disagreement on this legislation. I think there's support on b0th sides of the aisle to discharge the committee and have the bill placed on 2nd Readins. I renew my motion, Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. You've heard the motion. Senator Jones.

The Gentleman is correct.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Maitland has moved to discharqe the Committee on 302  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Gth Legislative Day May 21, 1991 Insurance: Pensions and Licensed Activities from further consideration and that -- of Senate Bill 598, and that the bill be placed on the Calendar, on the Order of 2nd Reading. Those in favor will indicate by sayin: Aye. Opposed, Nay. The Ayes have Senate Bill 598 has been discharged. It now is -- Will be on the Order of 2nd Reading. On the Motions in Writing with respect to Senate Bill 1-2-3-7, Senator -- Madam Secretary, please. 1-2-3-7.

move to disehatge the Committee on êublic Hea1th, Welfare and Corrections from further consideration of Senate Bill 1237 and that it be advanced to 2nd Reading. Filed by Senator Etheredge.

PRESIDING OPFICER: (SENATQR DEMUZIO) Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of khe Senate. This has been a bill about which there have been a number of -- or a certain amount of Risknformatkon and a numbet of questions, but hopefully those hake now been resolved. It -- this is -- this bill is identical to one Which is being advanced by Representative Morrow over in the Hcuse. It Would establish: on a pilot basis, three sites here in Illinois where a learn fair system would be would be set up. It has a two-year sunsee in it. And I would be happy to answer any questions that you might have. This program - - there is no flseal impact, by the way, and the program is supported by the Departmenk of Public Aid.

PRESIDING OFFIZER: (SENATOR DEMUZIO) A1l right. Senator Etheredge has moved to discharge the Committee on Public Health: Welfare and Corrections. Is there dkscussion? senator Smith.

303  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislatkve Day May 2l, 1991 Thank you, Mr. President. And to my colleague, understood that khere was supposed to have been an amendment to this legislation. Do you have the amendment?

PRESTDING OFPTCER: (SENATOR DEMUZIO) Senator Etheredge.

Xjs 'y in6eed,Senator,I do have an amendment which makes it identical to Representative Morrow 's bill, and that Will be offered if this motion is successful. Senator Smieh.

I'd concur With my colleague.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Etheredge has moved to discbarge the Compittee on Public Health, Welfare apd Corrections from further consideration of Senate Bill 1-2-3-7: and that the bill be placed on the Order of 2nd Reading. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. So ordered. Senate Bill 1-2-3-7 Wi11 be on the Order of 2nd Reading. Further -- ve have a number of pieces of paper to move. Senator Rock.

Thank you. just wanted to alert the Membership, I think we have concluded a good dayfs work. There Will be no more roll calls. We do have some housekeeping matters, and we have to convene and adjourn the Special Session, but I Would encourage you all' pleasez there's a Republican Caueus at 8:30 tomorrow morning. We would ld ke to go on the Floor and commence our business as close to nine o'clock as possible. We will have another full day from 9:00 to 6:00 tomorrow with the sole break bein: the Memorial Day Service that I encourage all of us to participate in. So, would wish you a good evening and, Mr. President, please continue with the paperwork.

PRESIDING OFFICER: (SENATOR DEMUZIO) 304  1 STATEOFILLINOIS 87th GENERAL 1 $ ASSEMBLY I REGULAR sEsszox I SENATE TRANSCRIPT ' - t . 1 ' 30th Legislative Day May 21 1991 , Messages from the Governor. SECRETARY HAWKER: To the Secrètary of the Senate - I have nominaeed and appointed the following named persons to the offices enumerated below and respectfully ask your concurrence in and confirmation of these appointments of your Honorable Body. The dates prevkously placed before you were incorreet. Please note the correction. File by Jim Edgar, Gbvernor. PRESIDING OFFICER: (SENATOR DEMUZIO) l Executkve appointments. Message from tbe House. SECRETARY HAWKER: A Message from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following Joint Resolutiony in the adoption of Which I am instructed to ask the concurrence of the Senate, to Wit: House Joint Resolution 45. Was adopted by the House on May 20# 1991. It is congratulatory . PRESTDING OFFICER: (SENATOR DEMUZIO) Consent Calendar. Resolutions. SECRETARY HAWKER: Senate Resolutioh 406 offered by Senator Ralph Dunn . Senate Resolutions 407 and 408 offered by Senator Topinka. Senate Resolution 409 offered by Senator Lechowlcz and al1 Members. Senate Resolution 410 offered by Senator Topinka . Senate Resolution 411 offered by Senators Vadalabene, Hudson and Geo-xaris. senate Resolutioh 4l2 offered by Zenator Rolmberg. Senate Resolution 4l3 offered by Senator Holmberg . Senate Resolution 414 offered by Senator Geo-Karls . : 305 !  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2ly 1991 Senate Resolution 415 offered by Senator Davidson and a11 Members. Senate Resolution 4l6 offered by Senator Karplel. Senate Resokution 417 offered by Senator Hall, President Roek and al1 Members. Senate Resolution 4l8 offered by Senator Geo-Karis. Senate Resolution 4l9 offered by Senator Geo-Karis. Senate Resolution 420 offered by Senator Demuzio and all Members. And Senate Joint Resolution 57 offered by Senators Topinka, Keats, Weaver and all Members. Theyfre a11 congratulatory and death resolutions .

PRESIDING OFFICER: (SZNATOR DEMUZIO) Consent Calendar.. -- Roek, we have about twenty-five bklls on House Bill 1st. Do you Want to do those, or do you want to wait untll in the morning? House -- On the Order -- Let's move to the Order of -- leave of the Body, to House Bills lst Reading, Madam Secretary.

Hause Bill No. 5 offered by Senator Brookins. (Secretary reads title of bill) House Bill l47 offered by Senator O'Daniel. (Secretary reads title of bill) House Bill l79 offered by Senator Jones. (Secretary reads title of bill) House Bi11 592 offered by Senator O 'Daniel . (Secretary reads title of bill) House Bill 685 offered by Senator Jones. (Secretary reads title of bill) House Bi11 1109 offered by Senators Jacobs and DeAngelis. (Secretary reads title of bill) House Bill 1216 offered by Senator Jones . 306  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day May 2l, 1991 (Secretary reads title of bill) House Bill 1245 offered by Senator Jones. (Secretary reads title of bill) House Bill -- pardon ie -- 1333 offered by Senator Karpiel. (Secretary Peads title of bill) House Bill 1364 offerjd by Senator Jones. (Secretary reads title of bill) House Bill 1408 offered by Senator Jones. (Secretary keads title of bill) House Bill 1700 offered by Senator Jones. (Secretary reads title of bill) House Bill 1815 offered by Senator Luft. (Secretary reads title of bill) House Bill 1852 offered by Senator Geo-Karis. (Secretary ieads title of bi11) House Bill 2019 offered by Senator Schaffer. (Secretary qeads title of bill) House B1ll 2022 offered by Senator Karpiel. (Secretary reads title of bi1l) House Bill 2042 offerbd by Senator Berman. (Secretary reads title of bill) House Bi11 2139 offered by Senator Jones. (Secretary zeads title of bill) House Bill 2147 offeryd by Senator J.E. Joyce. (Secretary ieads title of bill) House Bi1l 2148 offered by Senator Daley. (Secretary reads title of bill) House Bill 2208 offer:d by Senator Berman. (Secretary reads title of bill) House Bill 2392 offered by Senator Karplel. (Secretary reads title of bill) And House Bill 2512 offered by Senator Topinka. 307 I  % STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislatkve Day May 21# 1991 (Seeretary reads title of bill) 1st Reading of the bills.

PRESIDING OPFIQER: (SENATOR DEMUZIO) Committee on Assignment. All right. Further business to eome before the Eenate? Senator Roek moves that the Senate stands adjourned until tomorrow morning at the hour of nine o'clock. Senate stands adjourned until tomorrow morning at the hour of nine o 'clock. 308  ' .% o j* . REPORT: TIFLDAY STAT: OF ILLINOIS 92/03/:0 PAGEZ 001 87TH GENERAL ASSEXBLY ttztXz23 SENATE DAILY TRANSERIPTION OF DE8ATE INDEX XAY 21. 1991 H3-0095 FIRST READING PAGE 306 ' H3-0069 FIRST READING PAGE 3 H3-01#T FIRST READING PAGE 306 ! HB-0t6# FIRST READING PAGE 3 ; HB-0l79 FIRST READING PAGE 3O6 HB-0293 FIRST REABING PAGE # H8-:298 FIRST READING PAGE 4 HB-0#06 FIRST READING PAGE # H8-0516 FIRST READING PAGE 4 88-0572 FIRST READING PAGE : H8-0592 FIRST READING PAGE 3O6 HB-0685 FIRST READING PAGE 3O6 H:-0780 FIRST READING PAGE % H8-0859 FIRST READING PAGE # H8-0899 FIRST READING PAGE 4 H8-0931 FIRST READING PAGE 4 ' HB-0990 FIRST READING PAGE * HB- 1091 FIRST READING PAGE 4 HB-1109 FIRST REZDING PAGE 506 HB-ll66 FIRST READING PAGE #' HB-1l86 FIRST READING PAGE # HB-t2t6 FIRST READING PAGE 306 H:-1225 FIRST READING - PAGE & ' HB-12#3 FIRST READING PAGE # HB-k2&5 FIRSTYREADING PAGE 30T H8-1333 FIRST READING PAGE 307 HB-136: FIRNT READING PAG6 3O7 HB-1*O8 FIRST READING PAGE 30; H8-1*29 FIRST READING PAGE . 4 HB- ::67 PIRGT READING PAGE 5 ' HB-1*88 FIRST READING PAGE 5 HB- L#97 FIRST READING PAGE 5 H8-1668 FIRST'READING PAGE 5 HB-l;00 FIRST READING PAGE 3O7 Hô-1815 FIRST READING PAGE 307 H0- 1850 FIRST READING PAGE 5 H3-1852 FIRST READING PAGO 3O7 HB-t857 FIRST READING PAGE 5 88-2019 FIRST READING PAGE 307 88-2:22 FIRST READING PAGE 3O7 HB-20#2 FIRST READING PAGE 307 88-21:8 FIRST READING PAGE 5 HB-2136 FIRST READING PAGE 5 H8-2:39 FIRST READING PAGE 3OT H8-2:47 FIRST READING PAGE 307 HB-2tG8 FIRST READING PAGE 307 H8-2208 FIRST READING .PAGE 307 H8-2309 FIRST READING PAGE 5 H:-2385 FIRST READING PAGE 5 H3-2392 FIRZT READING PAGE 30T H8-2#22 FIRST REAOING PAGE 5 H8-2491 FIRST READING PAGE 5 H3-2512 FIRGT READING PAGE 357 H8-2579 ëIRST READING PAGE 5 HB-26ç3 FIRST READING PAGE 5 5:-0003 THIRD READING PAGE 229 SB-OOl0 SECOND READING PAGE 6 . SB-001l SEEOND READING PAGE I SB-0Ol3 0UT OF RECORD PAGE 232 58-0022 SECOND READING PAGE 8 SB-0O39 THIRO READING PAGE 232 SB-0G#2 SECONB READING PAGE 1# SB-0078 RECALLEO PAGE 28O S3-O063 THIR: READING PAGE 23ç  4,. ,. ve y REPORTZ TIFLDAY STATE 0F ILLINOIS 92/03/:0 PAGEI 002 87TH GEf4ERAL ASSEMBLY :1:13:23 SENATE . DAILY TRANSCA IPTION DF DEBATE IN0Ex MAY 21* 1991 SD-0090 TM IRD READING PAGE 235 i SB-0l06 SECOND READING PAGE :5 GB-0t09 TABLED PAGE 16 1 SB-0115 THIRD READIKG PAGE 2*1 S3-Ot76 THIRD READING PAGE 2#9 SB-02O3 THIRD READING PAGE 258 S8-020# THIRD READING PAGE 259 SB-02t4 0UT OF RECGRO PAGE k6 l 53 8-0 - 222 T 0226 HIRD RREA9ING SECOND EADING PAGE PAGE 260 17 i SB-O230 THIRD READING PAGE 2&8 58-0232 KHIRO READING PAGE 275 SB-02#8 THIRO READING PAGE 277 58-025T THIRD READING PAGE 278 SB-02S9 RECALLED PAGE 281 l 53-0269 RECALLED PAGE 281 I SB-O30V MOTION PAGE 30 L 53-0322 THIRD REASING PAGE 279 58-0378 SECOND READING PAGE 18 58-0389 RECALLED PAGE 282 58-0399 SECOND READING PAGE 22 j SB-û - #2# S D*#3 ECOND R SECOND PADING READING PAGE PAGE : 209 1 I SB-0*60 RECALLED PAGE 283 SB-O478 SECOND READING PAGE 20 SB-O507 R6CALLEO PAGE 28# 53-0520 SECOND READING PAGF 23 ' SB-u542 RECALLED PAGE 29L 58-0593 d0T10N PAGE 30L SB-O702 SECOND READING PAGE *0 58-0725 SECOND READING PAGE #* SB-07#5 RECALLED PAGE 292 ( SB-DTTO RECALLED PAGE 293 - 5:-0776 SECOND REAOING PAGE :5 I 58-0778 SECOND READING PAGE *8 58-0823 SECOND REAOING PAGE *8 58-0830 RECALLED PAGE 29# 58-0873 RECALLED PAGE 295 58-0886 SECOND READTNG PAGE 51 ' 58-0887 SECOND READING PAGE 52 i 58-0888 SYCOND READING PAGE 52 I SB-O89* SECOND READING PAGE 52 58-0922 THIRD READING P4G6 T* SB-0938 THIRD READING PAGE T7 SB-09*# THIRD READING PAGE 80 1 SB-09#ô SECOND READING PAGE 53 SB-0950 THIRD READING PAGE 8t SB-O976 SECOND READING PAGE 54 58-0978 SECOND READING PAGE 55 58-0985 THIRD REAOING PAGE 85 j 58-0989 THIRD READING PAGE 87 58-0993 SECOND READING PAGE 56 SB-1001 THIRD READING PAGE 90 SB- t0Q2 SECOND READING PAGE 56 3-l SB 1Q 04 *5 6TRHIR ECAD LLR ED EADING PAGE 297 6 1 ; SB-105t SEEOND REAOING PAGE 58 ! 58-1053 SECOND READING 58-1058 0UT OF RECORD PAGE PAGE 60 98 I 5B- l068 THIRD READING PAGE 1O& SB-1068THIRD READING SB-IO7: THIRD REAOING PAGE PAGE 98 1O6 1 53-1077 RECALLED PAGE 297 SB-109l THIRD READING PAGE :0T I 4  ec .y u'' .. t. t PAGE REPORTZ TIFLDAY : O03 STATE 0F ILLINDIS 87TH GENERAL ASSEMBLY 92/03/1: 11:13123 ( SENATE DAILY TRANSERIPIION 3F DEBATE INDEX NAY 2l* 1991 S9-110# 3EC0N0 READING PAGE 65 GB-1t19 THIRD READING PAGE t08 SB-1t25 THIRD REAOING PAGE k09 SB-l12T THIRD READING PAGE lt# 58-1168 THIRD READING PAGE 123 j SB*l200 THIRD READING PAGE :2# i SB-l201 THIRD REAOING PAGE 130 i 58-1202 RECALUED PAGE 298 I - SB-1202 00T OF R6COR0 PAGE t36 ! SB- 12O8 THIRD READING PAGE 142 38-t209 THIRD READING PAGE l46 SB- t218 THIRD READING PAGE t#8 ï SB-1219 THIRD READING PAGE 152 38-1220 S6C0ND READING PAGE 65 SB-l22G THIRD READING PAGE 1#8 1 ZB-123T M0TI0N PAGE 3O3 53-:243 THIRD READING ' PAGE 15O 58-1253 THIRD READING PAGE 151 53-1264 THIRD READING PAGE 158 58- 1272 THIRD READING PAGE 161 5:-1282 SECON9 READING PAGE 66 58-1283 THIRD READING , PAG6 t62 58*1284 SECOND READING PAGE 67 : 5: 8-1 - 29tTHIRDREADING :295 THIRD READING PAGE PAGE 1&3 1&5 j SB* t29ô THIRD READING P/GE 1ô5 38-1297 0UT OF REEORO PAGE t67 I SB-t3G2 THIRD READING PAGE 170 58-1303 THIRD READING PAGE 17.1 SB-131O REEALLEO PAGE 299 SB-l3tt YHIRD READING PAGQ t72 S3-t3t# THIRD READING PAGY t;3 SB-1316 THIRD READING PAGE 17ô SB- l3tT SECONO READING . PAGE 74 SB-1331 SECOND READING PAGE 68 55-1337 THIRD READING PAGE l7T SB-l3#7 THIRD READING PAGE l78 58-1353 TBIRD READING PAGE t79 SB-t361 THIRD R6ADING PAGE 191 58-1363 THIRD READING PAGE 206 SB-136# THIRD READING PAGE 2O& 58-1365 THIRD READING PAGE 2O4 :5-13:2 FHIRO READING ' PAGE 2l1 58-1377 THIRD READING PAGE 213 SB-1390 THIRO READING PAGE 2L# SB-t393THIRDREADING PAGE 222 1 38-1*03 SECOND READING SB-l#09 THIRD READING PAGE PAGE 69 222 j 53-1420 THIRD READING PAGE 223 SB-t&25 THIRD READING PAGE 22# i SB-l#2T ,THIRO READING * PAGE 225 . SB- 1#38 rHIRD READING PAGE 225 x SB-t#59 VECOND 2Eà0ING PAGE 70 SB-1460 THIRD READING PAGE 228 SB-1G61 SECOND READING PAGE 7t SB-l#62 SECOND REAOING PAGE 72 SB-1#72 SECOND READING PAGE 73 SB-t#72 TABLED PAGE 73 SR-0404 RESOLUTION OFFERED PAGE 2 SR-0*05 RESOLUTION OFFERED PAGE 2 SR-0406 RESOLUTION OFFERED PAGE 305 GR-0#07 RESOLUTION OFFERED PAGE 305 SR-Q408 RESOLUTION OFFERED PAGE 305 SR-0#09 RESOLUTION OFFEREO PAGE 305 .m .r .:.'Fo REPORT: TIFLDAY STATE 0F ILLINOIS 92/03/10 PAGEI 00# ' 87TH GENERAL ASSEXôLY 111:3:23 SENATE OAILY TRANSCRIPTIDN 0F DEBATE INDEX HA# 21* 1991 SR-S#t0 RESOLUTION SFF6RED PAGE 3O5 I SR-QAII RESOLUTION OFFERED PAG6 3O5 SR-0#12 RESOLUTION OFFERED PAGE 305 GR-0#t3 RESOLUTION OFFERED PAGE 3Q5 SR-0#L# RESOLUTION OFFERED PAGE 305 SR-O4t5 RESOLUTION OFFERED PAGE 306 ' SR-0116 RESOLUTION OFFEREO PAGE 306 i SR-041T RESOLUTION OFFERED PAGE 306 ; SR-04l8 RESOLUTION OFFERED PAGE 306 I SR-0#19 RESOLUTION OFFERED PAGE 30ô SR-O#20 RESGLUTION OFFEREO PAGE 30& ! 8JR-0O3# ADOPTED PAGE 299 j HJR-00*5 RESDLUTION OFFEREO PAGE 305 j $JR-0055 CONCURRENCE PAGE 2 SJR-0057 REGOLUTION OFFEREO PAGE 306 SUBJEET MATTER SENATE T0 OROER - PR6SIDENT ROCK PAGE 1 PRAYER - PASTOR MIKE RO6ERTS PAGE l JOURNALS - POZTPONED PAGE 1 COHYITTEE REPORTZ PAGE t MESSAGE FROM THE HOUSE PAGE 2 MESSAGE FROM THE GOVERNOR PAGE 3û5 MESSAGE FROM THE HOUSE PAGE 305 ADJOURNMENT PAGE 308 N