Illinois Senate Floor Debate — May 23, 1991

Senate Will please come ts order. Will tùe Members be at their desks, and will our guests in the gallery please rise. Our prayer this morning by Pastor Robert Weise: Our Saviorfs Lutheran Church, Springfieldy Illinols. Reverend.

(Prayer by Pastor Rober: Weise)

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

Senate Journal of Wednesday, May 15, 1991.

Senator Kelly.

Thank you, Mr. President. I move that the Journal just read by the Secretary by approved, unless some Senator has additions cr correetions to offer.

You pve heard the motion as placed by Senakor Relly. Is there any diseussion? If not, a1l in favor, indieate by sayin: Aye . All opposed. The Ayes have it. The motion carriesy and it is so ordered. Senator Kelly.

Thank you, Mr. President. I now move that readin: and approval of the Journals of Thursday, May 16th9 Monday, May 20th; Tuesdaye May 21st; and Wednesday May 22nd, in the year 1991, be postponed, pending arrival of the printed Journals.

You 've heard the motion as placed by Senator Kelly. Any diseussion? If not, al1 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The motion carries, and it is so ordered. Messages from the House. $ 1  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Leglslative Day May 23r 1991

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 passed bills of the following titles, in the passage of which am instructed to ask the eoncurrence of the Senate, to wit: House Bills 136, 214, 319, 373, 376, 378, 384, 386, 388: 393, 394, 395, 505, 545, 581, 629, 630, 631, 632, 633, 634, 635, 636, 638, 639, 640, 641r 642, 643, 644, 645, 646, 647, 649, 650, 651, 652, 653: 654: 655: 656, 657: 658, 659, 660, 736, 737, 766, 808, 886, 887, 1048, 1055 <sic> (1155), 1878 and 1917. Passed the Housez May 2lz 1991. A Message from the House by Mr. OdBrien, Clerk. Mr. President am directed to inform the Senate that the House of Representatives has passed bills of the fcllowing titles, in the passage of which am lnstructed to ask the concurrenee of the Senate, to wit: House Bills 153, 185, 186: 316, 370, 477, 575, 579, 624, 714, 742: 760: 762: 763, 764, 794, 798, 799, 800, 801, 816, 833, 915, 1102, 1312, 1479, 1620, pardon me 1661, 1920, 1929, 2151, 2190, 2254, 2451: 2488 and 2592. Passed the Housez May 22nd# 1991. 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 resolution, in the adoption of which I am lnstructed Eo ask the concurrence of the Senate, to wit: House Joint Resolution 46. Adopted by the House May 1991. is a death resolution. 1 have a like Messa:e on House Joint Resolution 47. Adopted by the House, May 21: 1991. It's eongratulatory.

2  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23, 1991 Consent Calendar with the two House resolutlons. Resolutyons.

Senate Resolution 426 offered by Senator Dudycz. It is congratulatory.

Consent Calendar.

Senate Resolution 425 offered by Senatof Karpiel. It is substankive. And Senate Joint Resolution 58 offered by Senator Topinka. It is also substantive.

Executive. All right. For *he benefit of the Membership' those that are still in meetings or in their offices, we Will be we will begin with the Order of Recalls. The Secretary has informed me that there are two, four, six, seven amendments pendinq. Senators Berman, Macdonald, Dudycz, Maitland and Welch have bills that people are seeking to recall for purposes of an amendment. That 11st will be distributed shortly. In the meantimez With leave of the Body, ke will go to the Order of House Bills lst Reading. And, againy I would ask the Members if the House sponsor has requested the -- that someone assume the responsibility for the bill the Senate, please let the Secretary know. Page 21 on the Calendar. Page 21 on the Calendar, on the Order of House Bills lst Reading, Madam Secretary.

House Bill l21 offered by Senator Cullerton. (Secretary reads title of bill) House Bi11 338 offered by Senator Maitland. (Secretary reads tltle of bill) House Bill 34l o'fered by Senator Kelly.  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 8aX 1991 (Secretary reads title of bill) House Bill 455 offered by Senator Holmberg. (Seeretary reads title of bill) House Bill 472 offered by Senator Jacobs. (Seeretary reads title of bill) House Bill 478 offered by Senator Kelly. tseeretary reads title of bill) House Bill 528 offered by Senator J.J. Joyce. (Searetary reads title of bill) House Bill -- House Bill 554 offered by Senator Macdonald. (Secretary reads title of bill) House Bill 480 offered by Senator O 'Daniek. (Secretary reads title of bill) House Bill 605 offered by Senator Maitland. (Secretary reads title of bill) House Bill 606 offered by Senator Holmberg . (Secretary reads title of bill) House Bill 619 offered by Senator Welch. (Secretary reads title of bill) House Bill 628 offered by Senator Barkhausen. (Secretary reads title of bill) House Bill 677 offered by Senator Woodyard. (Secretary reads title of bill) House Bill 678 offered by Senator Woodyard. (Secretary reads title of bill) House Bill 7l8 offered by Senator Brookins . (Secretary reads title of b11l) House Bil1 734 offered by Senator Ralph Dunn. (Secretary reads title of bill) House Bill 770 offered by Senaeor Barkhausen. (Secretary reads tttle of bi11) House Bill 8l1 offered by Senator J.E . Joyce. 4  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 (Secretary reads title of bill) House Bill 942 offered by Senator Lechowicz. (Secretary reads title of bill) House Bill 1097 offered by Senator Jones. (Secretary reads title of bill) House Bill 1101 offered by Senator Jacobs. (Secretary reads title of bill) House Bill 1134 offered by Senator Donahue. (Secretary reads title of bi11) House Bill 1160 offered by Senator Ralph Dunn. (Secretary reads title of bill) House Bill 1184 offered by Senator Welch. tsecretary reads title of bill) House Bill 1196 offered by Senators Vadalabene and President Rock. (Secretary reads title of bill) House Bill 1207 offered by Senator O'Daniel. (Secretary reads title of bill) House Bill 1228 offered by Senator Maitland. (Secretary reads title of bill) House Bill 1254 offered by Senator Geo-Karls. (Secretary reads title of bill) House Bill 1286 offered by Senator Brookins. (Secretary reads title of bill) House Bill 1430 offered by Senator Rigney. (Secretary reads title of bill) House Bill 1446 offered by Senator Barkhausen. (Secretary reads kitle of bill) House Bill 1475 offered by Senator Woodyard. (Secretary reads title of bill) House Bill 1644 offered by Senators Alexander and Brookins. (Secretary reads title of bill) 5  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leglslative Day May 23, 1991 House Bill 1688 offered by Senator Fawell. (Secretary reads title of bill) House 9ill 1744 offered by Senator Madigan. (Secretary reads title of bill) House Bill 1804 offered by Senator de1 Valle. tsecretary reads title of bill) House Bill 1855 offered by Senator Leverenz. (Secretary reads title of bill) House Bill 1884 offered by Senator DeAngelis. (Secretary reads title of bill) House Bill 1945 offered by Senator Demuzio. (Secretary reads title of bill) House Bill 1960 offered by Senator Brookins. (Secretary reads title of bill) House Bill 2006 offered by Senator Cullerton. (Secretary reads title of bill) House Bill 2056 offered by Senator Welch. (Secretary reads title of bill) House 3ill 2125 offered by Senator Barkhausen. tsecretary reads title of bill) House Bill 2211 offered by Senator Hawkinson. (Secretary reads title of bill) House Bill 2329 offered by Senators Jones and Woodyard. (Secretary reads title of bill) House Bill 2396 offered by Senator Sebaffer. (Secretary reads title of bi11) Hause Bi11 2443 offered by Senator Berman . (Secretary reads title of bill) House Bill 2521 offered by Senator Daley. (Secretary reads tktle of bill) House Bill 1843 offered by Senator Barkbausen . (Secretary reads title of bill) 6  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 First Reading of the bills.

Ladies and Gentlemen, it is Tbursday, May 23rd, and Priday, May 24, is the deadline. So to aceommodate the Members who have filed amendments, we Will attempt to start on that Order of Business. And then those bills that have been reealled will be put to the end of the eall on the Calendar so that the Membership will have an opportunity to review, at their leisure, any amendments that have been adopted. In addition, it's been suggested by Senator Philip and others that the you turn to Page 15 on the Calendar, 3rd Reading appropriation bills - that we will later today handle those bills on -- on a single roll call with the same procedure. If any Member wishes to express other than an affirmative vote, he's free to do so, and it will be so journalized. Once having done the recallsy we will begin on the Order of Senate Bills 3rd Reading. We will begin at tbe top and proceed through the Calendar, I hope as expeditiously as possible, with a view toward ending our Session today at approximately six o'clock. Senator Philip: for what purpose do you arise' sir?

Thank you, Mr. President and Ladies and Gentlemen of the Senate. like the record to indicate that Senator Hudson is absent taday. His wife is being operated on. Secondly, we have a small celebration on our side of the aisle. The distinguished Senator from Champaign-urbana is...tmaehine cutoffl...

think the system is What a guy. He's got youth and looks and money, too, now I'm told. Eor those of you who are not aware, Senator Weaver has indicated he's probably going to have to buy lunch for everybody today, 'cause he -- he did so well las: nlght. Thank youz Senator Weaver. It's a great tribute. While wedre waiting for the system to reactivate itself, would just  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislatkve Day May 23, 1991 alert Senators Berman, Cullerton, Macdonald, Dudycz, Maitland and Welch that they are on the Recall List and we will go to that order first. The electronic marvel is now reactivated, youlll be happy to hear. So we will begin on the Order of Senate Bills 3rd Reading with the Recall List, a copy of which has been distributed. I'd ask the Members to please get their files and their amendments ready. Senator Severns, for what purpose do ycu seek reeognition? SENATOR SEVERNS; Thank you: Mr. President, Members of the Senate. I rise on a point of personal privilege.

Stake your point, please.

It's my honor today to have joining us, in the visttors' gallery, the women from the Christian County Farm Bureau's Women's Group, and I'm delighted that they make the trip to Springfield, not only this year, but every year, to make their case for the people of Chrlstian County.

Will our guests please stand and be recognized. Welcome to Springfield. Al1 rigbt. Directing your attention to the Recall List. Page on the Calendar, on the Order of Senate Bills 3rd Reading is Senate Bill 10. Senator Berman seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On Lhe Order Of Senate Bills 2nd Reading, Senate Bill l0, Madam Secretary.

Amendment No . 2 offered by Senator Berman.

Senator Berman, on Amendment No. 2.

8  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day . May 23, 1991 I Thank you, Mr. President and Ladies and Gentlemen of the Senate. We got it -- started discussion on Chicago school reform one person/one vote yesterday. Overnight, Senator Rarpiel, the Minority Spokesman and I and other interested Members or the Senate, have conferred. There is a - as is not atypical - a substantial difference of opinion both on this Ploor and back home in Chicago. In accordance With those differences of opinione I'm going to withdraw this amendment. The bill, at the present time, is in a shell-bill posture. I believe Senator Karpiel has indicated she will Withdraw her amendment. We will pass the bill out as a shell and continue to address the issues addressed. So I will withdraw amendment -- this amendment. PRESIDENT ROCK: ' Amendment's been withdrawn. Purther amendments?

Amendment No. 2 offered by Senator Karpiel.

Senator Karpiel.

Thank you, Mr. President. 1111 withdraw Amendment No. 2.

Amendment No. 2 has been withdrawn. Purther amendments?

No further amendments.

3rd Reading. No amendments having been offered, Senator Berman, are you prepared to go ahead with this bill then? Al1 rigbt. When we get to the end of the recall, wefll start right wïth 10 and ll. ma9e 4 on the Calendar. Itm sorry. I missed one. Yeah. Page 4 on the Calendar, on the Order of Senate Bills 3rd Reading is Senate Bill 214. Senator Cullerton seeks leave of the Body to return that bill to the Order of 2nd Reading for 9  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 ! l purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 214, Madam Secretary.

Amendment No. 5 offered by Senator Pullerton.

Senator Cullerton, on Amendment No. 5.

Yes, thank you, Mr. President and Members of the Senate. This is identieal to Senate Amendment No. 4, which we considered yesterday. I think there was some confusion on -- on the roll eall, so I think 1'11 take some time to explain it . This deals with the Dupage County Airport and it deals With the change in the makeup of the airport. And it's changed from the way the bill was originally introduced, so I Would ask you to just follow with me what's happening. We are not kiping out the entire Dupage County Airpozt 3oard, as Was originally eontemplated in the fkrst bill. What weêre doing here ls we 're saying that Kane County, Which now has one member Which is appointed by the Dupage County Board ' President, will now have two members, and they will be appointed by the Kane County Board President, with the advise and consent of the Kane County Board. And then, as tbe vacaneies occur, with regard to the Dupage County members, they shall be appointed by the Dupage County Board President, but then he or she will have to get the advise and consent of the Dupage Pounty Board. So I think that the -- the effect of the amendment is, firsk of all , to allok Kane to have an extra member than they have nowy and -- as well as have the ability ko appoknt that nember themselves. And with regard to Dupage County, it would involve *he Dupage County Board to have some say in the seleetion of the Dupage County Board members. I've talked this amendment over with representatives of the Dupage County Airport Authority. I believe it is to their 10  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESEION SENATE TRANSCRIPT I 32nd Legislative Day May 23, 1991 ' I h agreement. I've kalked to Senator Philip. I believe it's also l I something khich he can support. And I would be happy to answer I any questionsv and I would urge tbat ve adopt this amendment.

Senator Cullerton has moved the adoption of Amendment No. 5 eo Senate Bk1l 214. Diseussion? Senator Karpiel.

Thank you, Mr. President. Senator Cullerton, since I have just now seen this amendment and didnft hear your complete deseription, could I ask how and When are these -- are you abolishing the Board now and then reappointing, or how are you going to make these new appointments?

Senator Cullerton.

Yes, as soon as a vacancy oecurs -- let's do it this way. Eirst of all, there's one Kane County member that's appoknted right now by the Dupage County Board President. What We do With that one is we abolish that offlce right away and ke say -- and then we re-create it and allow the Kane County Board President to make that appointment With the advise and eonsent of the Kane County aoard. That's the first thin: we do. The second thing we t do is assoonas there'sa vacancy,thefirstvacancy that occurs, 1 that automatieally goes to Kane, and that vacancy is filled in the II I same -- the same fashion that I just described. So then you have ' t I t j wo from Eane and then, as vacancles occur on th8 -- for the I I Dupage County members - the remalninq seven members wbich are from I I Dupage County - as the vacancy oceurs, they Would be appotnted by I $ I the Dupage County Board President, With the advise and consent of I I the Dupage County Board. I Sothere'sno-- therels a transition period. Tbere's not a total elimtnation of the -- the Board. 1

j I 11  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Senator Karpiel. SENATOR KARPIEL: Thank you. The problem is that now the Rane County -- it isn't the Kane County -- it was never the Kane Caunty Board Cbairman that made appoàntments from Kane County - it Was the mayors of the municipalities. And the mayors would like to retain that power to do that. PRESIDENT ROCX: Senator Cullerton. SENATOR CULLERTON; Welly yes, but that was before we changed bhe 1aw to the state it is now, and the state it is now is that the Dupage County Board Chairman is appointing the Kane County Board member. And so, as an aceommodation to the mayors that We -- that yo= spoke of, we do require that the Kane County Board members live in the affected area. So they have to live in either St. Charles or Geneva. And so I thknk as a result there'll be cooperation between the mayors and the Kane County Board Chairman. And the reason Why we did that was just to make it consistent with the appointment powers af the Dupage County Board Chairman. PRESIDENT RO0K: A1l right. Senator Cullerton has moved the adoption of Amendment No. 5 to Senate Bitt 214. Further diseussion? If not' a11 in favory indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments? SECRETARY HAWKER: Amendment No. 6 ofrered by Senator Butler. PRESIDENT ROCK: Senator Butler. Withdraw the anendment. Wedll have tc ask Senator Cullerton to bring it back at a later date. Further amendments? SECRETARY HAWKER: 12 X  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23y 1991 No further amendments.

3rd Reading. 294. Senator Maedonald. Senator Macdonald. Bottom of Page 4. On the Order of Senate Bills 3rd Reading is Senate Bill 294. Senator Macdonald seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Readin: is Senate Bill 294, Madam Seeretary.

Amendment No. 2 offered by Senator Macdonald. PRESIDENT ROCKI Senator Macdonald' on Amendment No. 2.

Yes. The first of the two filed amendments would keep DUI within the Crime Victims' Compensation Act. Howevery instead of the Attorney General's Office investigating the class, the Secretary of State's Offiee Would fulflll that function. In addition, the next amendment, a penalty of fifty dollars would be added to every fine imposed for DUI conviction, a twenty-five dollar penalty for a fine imposed for a eonviction of ïllegal transportation or possession of alcohol in a motor vehiele. These monies would then be used fpr drunk driver victim compensation. Next, the amendmene would impose a penalty of a hundred dollars for Dul-related reckless homicide. Thys money would then be used for drunk driver vlctim compensation. Would also increase the driver 's license reinstatement fee for Dul-related functions. Now there is cireulated piece of paper that has gone around. Senator Welch has circulated kt on behatf of -- of Attorney General Burris, and I would just like to say that as of this morning, there is -- there 's somethin: that is amiss here; because as of this morning: we talked to the Department of Justice, Jay Olson, who is the Progran Administrator of the Federal Crime 13  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 Victims' Assistance Fund in the Department of Justiee, and he has said that Illinois indeed kill not lose funds by my bill or these amendments. So I ask that these amendments be accepted. PRESIDENT ROCK) Senator Macdonald has moved the adoption of Amendment No. 2 to Senate Bill 294. Discussion? Senator Jaeobs.

Thank you: Mr. President, Ladies and Gentlemen of the Senate. I don't know why wedre doing this, really, because it appears to me that if youdre a vietim : you 're a victim. And whether you 're named as a victim under drunk drivin: or whatever - don't know what that has to do with but it is my understanding, Senator - and understand that you have a difference of opinion - but Roland Burris seems to feel that we would lose forty pereent of our funds, and I don't think we should jeopardize the possibility that these funds are not going to be available and it will damage the Vietimsf Fund ln its entirety. And I donlt think We should take that riskz 'cause they're available to lt now, I would think, if theydre a victim.

Purther discussion? Senator Welch.

Mr. President, would rise in opposition eo the amendmentr too. It seems to me that We already have a Crime Victims' Compensation Fund. Now if wefre going to have a Crime Victim Compensation eund for drivinq under the influence, we'll probably have one for aurder cases, for other homieide cases, for ateempted murder cases - the list will be endless about how you can have separate categories of funding for different crimes. Just in the past year, there -- there was twenty-one claims compensated for driving under the influence - victim compensations out of the Fund. This is already done. What this is is a ereation of a 14  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day 8aY 1991 bureaucraey within the Seeretary of State's Office. Now we know that various officers want to emphasize issues for their future campaigns, but this is really unnecessary. This is already done. It's a duplieation. It's more bureaucracy. It flies in the face of whae we're tryin: to do in a -- in a year when we don't have any money, when there's very little in the budget, and iE's goin: to create more administration. And it's going to end up eostin: us to create this Fund, so there will be less money available in the end for victims of erime with this amendment. So I think we should vote No on this amendment .

Purther discussion? Senator Brookins. SENATOR BROOKINS; Thank youz Mr. President. In the Transportation Committee and afterwards discussing this bill, Senator Macdonald said that she would work With *he Secretary of State, and we had agreed that if only one fund was established and remained where it was, then we saw no problem. We then learned that this is totally duplication of What has been taken place already. So I have to rise in cpposition to this amendment and this bill. Thank you.

Further diseussion? Senator Raica.

Thank youy Mr. President, Ladies and Gentlemen of the Senate. Will the sponsor yield for a question, please?

Sponsor indicates she will yield, Senator Raica.

Senator Macdonald, is this -- bring in additional funding, or raises tbe Eines for DUI offenders at all?

Senator Macdonald . 15  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

ïes, it does.

Senator Raica.

Substantially.

Okay. Then: Mr. President, may, to the -- to the amendment: I don't know if it was last year or the year beforey the Mayor of the City of Chicago and I attempted' in this Body, to raise additional funding by putting additional fines on DUI offenders and -- and -- such, seeing that they had commitked and have have been the eause of most of the percentage of trauma victims within the State of Illlnols. And our attempts were to allow additional funding to the trauma centers, and it failed like 6 votes short. And I know the Mayor of the City of Chicaqo and I fougbt very hard for that legislation. Although I believe that Senator Macdonald's intent is -- is -- is true. I would mueh rather see this be opened up to the trauma centers tbroughout the Seate of Illinois, since DD1 offenders and -- and accidents alike are the leadlng signs of trauma. So for that reason alone, I'm going to have to oppose this amendment.

Further discussion? Senator Fawell. SENATOR FAWELLJ Thank -- thank you very much, Mr. President and Members of the Assembly. Ilve had some experience with some of my constituents trying to get through the bureaucracy at the Attorney General's Office to be eompensated as -- under the Victims' Compensation Law . And very frankly, they have been very, very unsuceessful. have a little o1d lady who was knoeked down in the City of Chicago, Who eventually moved out to Dupago Countyz and has been 16  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SZNATE TRANSCRIPT 32nd Legkslative Day May 23, 1991 waktin: three and a -- three and a half years to be compenzated. And when called tbe Attorney General's Offiee: Ehey assured me ehat -- that it was in the works, and one of these days she would :et compensated. think the Woman's going to die before it ever happens' very frankly. think this is a good bill. I think it's a good amendment. think it's about tlme that We set up a bureaucracy - if that's What We want to call it - ta be responsive to these elaims when people are injured or killed in this kind of accident. think we should go ahead with these amendments. Surely the sponsor has the right to set the bill in the manner that she would like to. If we want to continue this debate on the Floor on 3rd Reading, that's something else, but I think we should a1l join in and 1et Senator Macdonald have her amendment.

Further dkscussion? Senator Dunn.

Thank you, Mr. President. Well, Senator Fawell, there's two reasons that there may be a problem . Number one is the Court of Claims, and the second is we havenît funded the Fund that pays the victims. So when we vote to fund that, then they fll be paid promptly.

Further discussion? Senator Macdonald, to close.

Well, Mr. Presidente Ladies and Gentlemen this Body , apparently some did not listen to the -- what I had originally saide that there Will be no loss of funding of federal dollars, a t least in with this particular setting up of thls individual fund. In faety will free up more money for the crime -- other crime victims' funding. think that -- I would like to get this bill in the form which I would like to debate it. So ask for your support of the two amendments that I have just desurkbed. 17  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SCNATE TRANSCRIPT 32nd Legislative Day May 23, 1991 XREBIDEXT ROCK: ' I Question is, the adoption of Amendment No. 2 to Senate Bill 294. Those in favor Will vote Aye. Opposed, vote Nay . And the votin: is open. Have a1l voted who wish? Have a11 voted Who wish? Have all voted who Wish? Have a1l voted who wish? Have all voted who wish? Take the record. 0n that question, there are 25 Ayese 28 Nays, none voting Present. The amendment fails. Further amendments?

Amendment No. 3 offered by Senator Macdonald.

Senator Macdonald, on Amendment No. 3.

I withdraw the amendmenk, Mr. President. PRESIDENT ROCK; Amendmentls been withdrawn. Further amendments?

No further amendments.

3rd Reading. 393. Senator nudycz seeks leave of the Body to return Senate Bill 393 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, Senate Bill 3-9-3, Madam Secretary.

Amendaent No. 2 offered by Senator Dudycz.

Senator Dudycz.

Well, I believe, Mr. President, we have to Table Amendment No. 1 before we adopt Amendment No. 2.

All riqht. Senator Dudycz. having voted on the prevailing 18  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 1 I side,ismovin:toreconsiderthevotebywhichAmendmentNo.lto 1 Senate Bill 3-9-3 was adopted. Al1 in favor of the Motion to Reeonsider, indicate by saying Aye. A1l opposed. The Ayes have it. The vote 's reeonsidered. Senator Dudycz noW moves to Table Committee Amendment No. l to Senate Bil1 393. Discussion? If not, al1 in favor of the Motion to Table. indicate by sayin: Aye. Al1 opposed. The Ayes have it. The motion carries. The amendment's Tabled. Further amendments?

Amendment No. 2 offered by Senator Dudyez.

Senator Dudycz, on Amendment No. 2.

Thank you, Mr. President. Amendment No . 2 becomes the bill. It contains the technical correetâons that were requested by the Secretary of State 's Office. It -- the amendment represents the agreement which was reached between the Illinois New Car and Truck Dealers and the Illinois Credit Unlon League. This bill had previously been on the Agreed 3i11 L1st. Now it's technically correct.

Senator Dudycz has mcved the adoption of Amendment No. 2 to Senate Bill 393. Discussion? If not, all in favor indieate by saying Aye. Al1 opposed. The Ayes have it. The amendmentds adopted. Further amendments?

Nofurtheramendments. 1 PRESIDENTROCR: t 3rd Reading. Senator Maitland: on 598. Senator Maitland seeks leave of the Body to return that bill to the Order of 2nd Readingforpurposesofanamendment. Isleavegranted? Leaveis granted 1 I . On the Order of Senate Bills 2nd R/adinge Senate Bill t I I 19  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23p 1991 598, Madam Secretary.

Amendment No. offered by Senator Maitland.

Senatar Maitland# on Amendment No.

Thank you very mueh, Mr. President, Members of the Senate. Senate -- Floor Amendment No. l changes the administration of this program from CMS to the individual universities. This is an agreed-ta amendment. I discussed this With Senator Jones, and I would move for the adoption.

Senator Maltland has moved the adoption of Amendment No. l Senate Bill 598. Discussion? If not, al1 in favor, indicate by saying Aye. All opposed. The Ayes have The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 1392. Senator Weleh seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. 0n the Order of Senate Bills 2nd Reading, Senate Bill 1392, Madam Secretary.

Amendment No. offered by Senator Welch.

Senator Welch.

Thank you, Mr. President. This bill was moved out of committee on the understandtng that I would remove the transfer tax on real estate: and that's what this amendment does. We believe we are going to loeate a source of funding for the Rivers 20  STATE OP ILLINOIS 87th GENERAL ASSEMBLY RZGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 and Streams Bill which Will help to keep rivers and streams from belng polluted by sediment running off from farms and non-farm areas located adjacent to streams. What the language does is state that the Department of Agriculture and -- of the State and the Department of Agriculture, Soll Conservation Service and Agrieulture Stabilization and Conservation Service, and local soil and water conservation districts fully implement the Environment Easement Program and the Agrieulture Water Quality Proeection Program provistons of the Conservatton Title of the 1990 Farm Bill to establish grass filter strips and to establish riparian corridors along streams. I'd be glad to answer any questions.

Senator Welch has moved the adoption of Amendment No. 2 . Discussion? Senator Woodyard.

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

Sponsor indicates he'll yield.

Senator Welch, do you know if this amendment, by taking the transfer tax out, has removed the objections of Parm Bureau, the land title people and the banks? Or was it just the money part of it, or is, like, Farm Bureau still opposed to the bill?

Senator Welch.

The two objections that were raised in committee was' , number one, the Department of Agriculture, and the State was not involved. The second objection was the real estate tax. The amendment now putà the Department of Agrleulture in eharge, and seeondly, removes the real estate tax. We haven't had time to run 21  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 ik by the Farm Bureau, frankly: Senator. But I don't think they vould object.

Further discussion? Senator Joyce. I'm sorry. Senaeor Woodyard. thought you had eoncluded.

I'm -- I'm sorry. One more question. Do you have any idea, at this point in time, what kind of funding source you lre going to be looking at for this? I assume youfd do that over in the Housey but --

Senator Weleh .

Right now itds a1l federal fundlng we're trying to garner under the Farm Bill, but we 're looking at other sources. But right now in the Senate, we don 't have any to identify.

Further discussion? Senator Joyce.

Yes, thank you, Mr. President. Senator Woodyard and Senator Madigan, I have a resolution that kill go along With this bill, and that resolution asks the Department of Agriculture , the USDA, to incorporate this program wlth the Farm Bill, so that when you leave your set-aside acres, it ean be put along any ditch, stream, what have you, to Kake sure that it cuts doWn on that erosion. So it wouldn't cost the State of Illinois -- well, it might cost them sometbing if tbe -- the Illinois Department of Agriculture works in conjunetion with them to make sure that these strips are there. And I think it would be something that -- that some cooperation between the State and Federal Government could have great benefits and be -- the cost would be virtually nothlng . So 1 think this ks a good bill, and I would certainly urge Bupport. 22  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION x SENATE TRANSCRIPT I 32nd Legislative Day May 23, 1991

A11 right. Senator Welch has moved the adoption of Amendment No. 2 to Senate Bill 1392. Al1 in favor, indicate by saying Aye. A11 opposed. The Ayes bave it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Welre going to start on the Order of Senate Bills 3rd Readin:, Ladies and Gentlemen. I again admonish the qroup that koday is Thursday. Tomorrow is the deadline. We're going to go through 3rd Reading. Senator Dudycz, for what purpose do you arise?

Point of information, Mr. President. Earlierw when we were an recalls, you -- you mentioned that you would give leave for us to return to Senate Bill 2l4 so that Senator Butler would have the opportunity to offer his amendment.

Senator Butler moot, or mute, or what? No, the point is that the Recall List is subject to the eontrol of the sponsor. I'm not the sponsor of that bill. Al1 right. I'd turn your attention to Page 3 on the Calendar. We're :oing to start with Senator Berman and go right down khe list. In the meantime, the Governor's Office has asked us to introduce a group -- a very special group of distinguished visitors, and I -- the Chair wlll yleld to Senator Topinka.

Well, thank you, Mr. President and Ladies and Gentlemen of the Senate. Today we have visitlng with us the U.S./Japan Young Political Leaders Exchange Program visitors here to Springfield. 1* includes ten members. They have come from Japan to be with us 2a  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 today. They have been visitin: the Capitol. They were just with the Governor. They Will be down in Room 202 after this you'd like to visit with them. They consist of - and, please, I will have to be slow on some of the pronunciations - Kunibisa Aizawa, David Garofalo, Kentaro Hara, Kiyoshi Ishigakiy Noriyoshi Kakuta, Faye Kleenan, John McDonald - I'm doing well on those - Yoshitaka shimozawae Hiroshi Takaku, Yoshiyuki Tanaka. And their leader and the gentleman who will speak to us today is Kiyoshi Ishigaki. Mr. Ishi:aki.

(Addresses the Assembly in Japanese through an interpreter)

And We Wish you a11 well as you noW qo up to Chicago and visit and tour the great State of Illinois. Thank you very mueh. Thank you, President Rock.

All right. Ladies and Gentlemen, it's been again pointed out by Senator Philip, instead of starttng at the beginning: we'll start where we left off yesterday. We left off at 393. That bill was on the Recall. 399. Senator Nekhouse. 405. Senator Severns. Read ehe bill, Madam Secretary. On the Order of Senate Bills 3rd Reading, top of Page is Senate Bill 405. So I'd alert Senators Severns, Joyce, Rea, Topinka, Cullerton, Severns that theydre next in line. 405. Read the bill, Madam Secretary.

Senate Bill 405. (Secretary reads title of bi11) 3rd Reading of the bill.

Senator Severns.

Thank you, Mr. President, Members of the Senate. Senate Bill 24  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 32nd Legislative Day May 23, 1991 ' I I 405 simply provides for a State Travel Management Program. In I essence, what wefre attempting to do is to coordinate travel arrangements within one agencyy the Department of Central Management Serviees. Wedve worked with CMS on thisr have tried to provide enough tine for them to be able to implement the program. We 're trying to make certain that State employees are flying at the lowest rate, that frequent flyer points are delivered and returned back to the State after the State has paid for the travel arrangements. It has a precedent in other states where savings have been garnered. In the smaller State of Mississippi, they realkzed over a two-million-dollar savings with a similar program . We 've worked with United Airlines, American Airlines on this bill to try to also make eertain that it is as efficient as possible. I know of no opposition, and Would be happy to answer any questions that anyone have -- has.

Discussion? Senator Hawkinson.

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

Indicates she Wil1 yield, Senator Hawkinson.

Senator, does this bill now, after amendments, exempt the Legislative Branch and exempt State planes? PRESIDENT ROCK; Senator Severns.

After an amendment offered by Senator Philip yesterdaye it noW exempts the Legislative Branch. An amendment put on on the Flocr yesterday as well exempts *he Division of Aeronautics. PRESIDENT ROCKI . ! 25  STATE OF ILLINOIS 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Further dlscussiona If not, the question ise shall senate Bill 405 pass. Those in favor, vote Aye. Opposed, vote Nay. The votingfs open. Have a1l voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. 0n that question, there are 54 Ayes, 1 Nay, none voting Present. Senate Bill 405, having received the required eonstitutional majority, is deelared passed. 406. Senator Joyce. Read the bill, Madam Secretary, please.

senate Bill 406. (Secretary reads title of bill) 3rd Reading of *he bill.

Senator Joyce.

Thank you, Mr. President. Senate Bill 406 relates to the Horse Racing Tax Allocation Fund. Under current law, a portion of the monies paid into this Fund is allocated to the Department of Commerce and Community Affairs Eor the purposes of promoting Illinois horse racing and the breeding industry. This bill ehanges the law to provide that the allocation is paid to the Illinois Department of Agriculture rather than to DCCA. It's the feelinq of just about everyone other than DCCA that Agriculture could do a better job in doing this because they are in that business, and they are doing a substantial amount of that right now. I'd be happy to answer any questions.

Discussion on Senate Bill 4067 Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. A question of the sponsor.

Indicates he Will yield, Senator Dean:elis. 26  STATE OP ILLINOIS 87th GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 SENATOR DeANGELIS: Senator Joyce, does this money qo into the Ag Premium Fund? PRESIDENT R0CX: Senator Joyce.

No. itls a specific fund.

Senator DeAngelis. SENATOR DeANGELIS: Well, I want the Body to be aware that even though this is going to the Department of Ag, it's not qoing to the Ag Premium Pund. see no need why we sbould take monies that are designed for advertising and then put them to another department. One of the reasons why we had been attempting to departmentalize this function is because the efforts of DCCA are already fragmented terms of advertising. What we're going to do right now is further fragmentize that effort. And frankly, don't think the Department has the expertise at a1l to Mo ahead and even promote this kind of aetivity. So I don't know why we're doing

Further discussion? Further discusslon? Senator Joyce, to close.

Thank you, Mr. Presldent. Well, the reason We're doing it is because they did a pretty lousy job of it the last few years. And the -- the industry itself would sooner see Agriculture doing I tbink basically everyone Would. Even DCCA says noW that they are going to try and do a better job, and do away with this eonsulting firm they hired last time to do it: and try and do it ln-house and so forth. And the Department Of Agriculture is in this business. I think tt would just be more prudent to -- to have them deal With it. Iîd ask for your consideration.  : ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 PRESIDENT ROCK : Question is, shall Senate Bill 406 pass. Those in favor, vote Aye. Opposed, vote Say. The voting is open. Have a11 voted who wish? Have all voted Who Wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 37 Ayes, 14 Nays, none voting Present. Senate Bill 406, having received the required constitutional majority, is declared passed. 410. Senator Rea. Read the billz Madam Secretary, please. SECRETARY HAWKER : Senate Bill 410. (Secretary reads title of b1l1) 3rd Reading of the bill. PRESIDENT ROCK: Senator Rea. SENATOR REA : Thank you, Mr. President, Members of the Senate. Senate Bill 410 provides the fundin: to Senate Bill 2277, Which was passed last yeare and without taking monies away from any other programs. And as you know, Senate Bill 2277 Was a comprehensive health care initiative for al1 of Illlnois, and *he support for a comprehensive primary care effort has been a high priority: as we indicated in passing Senate Bill 2277. And as the effort grows, so does the priority, and so does the commitment. Many citizens are currently located in underserviced areas of Illinois. This bill addresses those concerns by providing a one-percent increase in the annual privileqe tax on foreign and alien insurance companies doing business in Illinois on accident and health knsurance. Thks bill does not hurt Illknoks buskness. In fact, it will help: and address the need, to move health care professionals into underserved areas of Illinois. It addresses the growing cost of medical education as well as the concerns of health care professionals about making a living in an area of 28  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 extreme poverty. is a problem that we a11 share. It is a problem that we a1l must address. And this provides the components of comprehensive primary care with linkages to secondary health care. I ask for your Aye vote.

Discussion on Senate Bill 4107 Senator Madigan.

Thank you, Mr. President, Members of the Senate. First of all, I want to compliment the Senator on trying to address the rural health care problem in Illinois; however, think wefre going about the wrong direction, because, basically: what we're doing, Ladies and Gentlemen, is collecting a dollar from each foreign insurance company in the State of Illinois that's going to force every insurance company that's registered in this State to pay another dollar in forty-nine other states. So, where are they going to get that money? They're going to get that money from their policyholders, which, for every dollar - whieh: effect, Ladies and Gentlemen - for every dollar that goes into this fund, it's goin: to cost every policyholder that's doing -- got a policy with the -- With a company that's registered in the State of Illinois -- going to cost them forty-nine dollars more on their premiums, because the insurance companies are going to pass this on to their policyholders. Again, I compliment the Senator, but We're -- we 're going after a dollar, and it's goin: to cost the policyholders in the State forty-nine dollars to collect that dollar. So mus: rise in opposieion to this measure .

Further discussion? Senator Topinka.

Yes, Mr. President, Ladies and Gentlemen of the Senatey and 1, too, compliment Senator Rea because I realize that he has a 29  STATE 0F ILLINOIS 87th GESERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 problem on rural health care. But, as we al1 knowy health care is a problem in general in this State, and part of the problem is to be able to get people to be insured, to keep them insured or insured enough so that, indeed, they can get their medical 6ills paid. As Senator Madigan has said, when We start getting into retaliatory rates, this indeed will be passed on to the policyholders or to the businesses, indeed, that do proceed to get health care insurance and Work through our Tllinois health insurers. So, ultimately, it's going to raise the rate. Now, donlt know about your people, but my people complain to us regularly, as constituents, that the rates on their insurance policies continue to rise. They: very often then, 1et their insurance policies go and then fall into this abyss of the great mass of uninsured and underinsured people that We have. I think you may be trying to solve a problem; it might momentarily solve your problem, but in exehange, you 're going to open the door for a significant other -- or significant number of other problems for a whole mess of other people who now remain untouched. And T really think that we should consider this bill very strongly as ke vote, because it may not be a wise course.

Further diseussion? Senator Schuneman.

Thank you, Mr. President. Our staff analysis indicates that the sponsor agreed in committee that he would work with the insurance industry before Ehis bill was moved out of the Eenate, and think that's why youdre seeing a11 of this objection to the bill. Let me make a couple of statements about the bill. First of all, understand what the sponsor is doing and I applaud that effort. The problem is in the manner in Which he intends pay for In the State of Illinois, we have imposed a tax on insurance companies who are not headquartered in Illinois. In 30  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23# 1991 other words, Metropolitan Life, Equitable of NeW York and a11 these other companies that do business in Illinois have to pay a two-percent tax that is not paid by State Farm, and Allstate, and Kemper and other companies that are headquartered here in Illinois. But in other states throuqhout the nation, just the reverse is true. Illinois companies have to pay some kind cf foreign insurer tax. And some eompany -- some states, rather, have a reciprocity agreement under which they say, in effeet, tbat if we change that balance of power Illinois, they - that is, those other states will retaliate against Illinois companies doing business in their state. So, by raising these taxes, what the sponsor is guaranteeing is that in some states in the United States, they're going to raise taxes on Illinols companies. And I really don't think that's What the sponsor intended or what we want to do. There's another aspect to this. A number of years ago, the State of Illinois was sued by Metropolitan Life and a qroup of other eompanies claiming that our tax on those foreign companies was -- was unjust and was wrong. have a copy of the . settlement agreement here, in whieh the State of Illinois agreed that so long as we do not raise the tax on those companies, that Metropolitan and the others will not pursue their lawsuit. So# obviously, the Department of Insurance felt that the we were on rather touchy ground in colleeting these taxes in the first place. Now, if this bill passes, it simply gives those insurance companies, from New York, and Pennsylvania, and California and other places, *he right to reinstitute that tax that might cost the loss of huge tax revenues for this State. We shouldnft doing this. And I think that if the sponsor had Worked with the Department and With the industry: We Wouldn't be at this po&nt now, but this bill should certainly not pass in its present posture. PRESIDENT ROCK: 31  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23, 1991 Further discussion on Senate Bl11 410? If not, Senator Rea may close.

Thank you, Mr. President. Let me first clarify a few points that have been made here. As far as working With the insurance industry, I told Mr. Barry that day - and I always keep my word - to, you know, look over, get back to us. I have not heard anything from him , actually, since that day. The Department, in fact, only I believe was yesterday or the day before -- was this week that they came to us on the -- what has been referred to as the settlement agreement. Now, the lawsuit settlement is an agreement between the Department of Insurance and the Metropolitan Life Insuranee Companyy and in the lawsuit the Department has agreed not to raise the prlvilege tax. However, that is not the Department's responsibility, nor is that of the courts. The lawsuit is not applicable to thls bill. Now, as far as the retaliation, all states have that. We are within -- they range from one to five percent, and a11 fifty states do have the privilege tax, and if there is any, it could only be a small amount. feel that this is one of our best ways of approaching this problem, and it's a fair way of doing it, and it's not hurtin: the business in this State one bit. would ask for an Aye vote.

Question is, shall Senate Bill 410 pass? Those in favor will vote Aye. Opposed, vote Nay. And *he votlng is open. Have al1 voted who wish? Have all voted who wish? Have a1l voted who wish? Have all voted Who Wish? Take the record. On that question, there are 32 Ayesr 21 Nays, 2 voting Present. Senate Bill 410, having received the required constitutional majority, is declared passed. Senator Topinka. 439. Yes, no or maybe? Yes. On the Order of Senate Bills 3rd Reading, Senate Bill 4-3-9. Read  STATE OP ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 the billz please.

Senate Bill 4-3-9. (Secretary reads tltle of bill) 3rd Reading of the bill.

Senator Topinka.

Mr. President and Ladies and Gentlemen of the Senate, Senate Bill 439 -- exeuse me - it was devqloped because of the extreme flooding problem that we have in Northern Illinois, especially in West Suburban Cook and Dupage Counties. And I brouqht this to the attention of the Illinois Association of Realtors, who proceeded to note that similar things were going on in California to address this problem. What we would seek would be to require the Illinois Department of Transportation to review every five years - in Cook and Dupage County only - all floodplain maps and identify and record the notice of property located within the one-hundred-year floodplain. We would also provide for a toll-free telephone access by the public to information on this, and IDOT would therefore -- would become the central listing for al1 of these properties in the State. The reason we seek IDOT'S assistance in this is because IDOT is in the unique position of being able to have access to these maps, to be able to understand how to read them, to know when the inaccuracies that are currently in them are identified, if there are changes in the map because of changes in the floodplain. It would make life easier for lenders, insurance agents, real estate agents and individuals Who wish to determine whether or not a specific piece of property is in a floodplain. It handles the transaction of real estate business and the transfer of property something fierce. Our Realtors, point blank, tell us, as do others like lenders and insurance agents, that they  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 cannot get access to these maps. And, furthermore, when they do get them , they are so gross, often out of date and inaccurate - they cannot read them: so they cannot adequately address this situation. I think IDOT will argue that the Federal Government is seeking to do something similar to this, but they can give me no time or date or, really, anticipated -- anticipated expected date of when we are going to have this. And I am sure we are going to have another one-hundred-year flood before this, and no one can qet any information. I Would seek your positive vote.

Discussion? Senator Demuzio.

Well, thank you, Mr. President. Here We go again. It's a11 unbudgeted money. Seven hundred thousand dollars the first year. Pour hundred thousand dollars every year thereafter. You know, this is tight economic times that we are in here in Illinois, and I don't know whether or not -- certainly a laudable idea, but I just don't know whether or not We can afford this at this time, Mr. President.

Further discussion? Senator Carroll.

Just to add to the comments, Mr. President, Members of the Senate, of Senator Demuzio, the Department also said that they 'd have to assign fifty people to it, and the Federal Government is, in fact, dolng one of these plans Ehat we would not have to pay for. Itfs my understanding that the Federal Government has said they will have it done in the next several years. may not be the next year or two the next several years. And the Department of Transportation said they could not do it any faster. So why Would we want to Waste seven hundred thousand dollars this year and four hundred thousand every year thereafter, duplicating what 34  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 the Federal Government already going to do for us and not doing it any faster? I think this is a very bad idea at this time.

Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. I would like to be shown, with permlssion of the sponsor, to be a hyphenated sponsor on this bill, and I r-ise in strong support. Recently, in an area that previously had had very little problem, a floodr which was not of the hundred-year type, occurred in our area, and I was astounded to know that many of those citizens Were not even aware they Were in a floodplain. So I strongly support this kind of legislation.

A11 right. Gentleman seeks leave to be added as a hyphenated co-sponsor on Senate B111 439. Furkher discussion? Senator Butler.

Thank you, Mr. President. Ladies and Gentlemen, I come from a community that was partially devastated by a flood a few years ago. Seated to my right, I will say, incidentally, is the mayor of a adjoining communityy one of the largest communities in Illinoisz and that is Mayor Mike Albrecht of Des Plaines.

Mayor, stand up and be recognized. Welcome.

rlse Eo ask Ehe sponsor a questlon, please. PRESIDENT ROCK; Sponsor indicates he will yield she will yield . I'm sorry. Yes, please.

The question -- the question I have is based on the fact that many of these communlties are beginning to take strong steps to 35  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 alleviate the problem. know in our own community, we have built berms and retaining walls, et cetera, and we consider ourselves pretty safe now. Howevery is - the question I have is there a mechanism by which the -- the ongoing efforts made Which result in taking away some of the property formerly on a floodplain -- is there a mechanism by which a potential purchaser of a piece of property could -- could find out up to date what's happening, and whether or not that property is indeed in a floodplain? Five years is a long time in this business.

Senator Topinka.

About the only mechanism that they would have would be to know the -- how to reach the Department of Transportation Division of Waterways personally. And obviously, the average person on the street probably doesn't even know that the Division of Waterways is even located in the Department of Transportation and Where the Department of Transportation is. They may call you to start that process. Whether or not they would get a response, I can't guarantee. I think this is probably the only sure way that they Would be able to do it on a regular and ongoin: basis where you'd have some predictabllity.

Senator Butler.

As a follow-up question Ehen, youdre saying that it would be a minimum of five years before a -- a potential purchaser of property -- or let me put it the other way - before a piece of property can be shown as no longer being in a floodplain. Five years is the minimum.

Senator Topinka. 36  1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION : SENATE TRANSCRIPT I 32nd Legislative Day May 23, 1991 SENATOR TOPINKA: I don't know that it would necessarily be five years, but it would be to the extent that this program could be put into effect. Like anything else, it's not going to happen overnighe. But rlght now there is nothing, and everything else that has been promised either on a county or federal level is at best incremental and, on a federal level, there's no due date. So I mean, if you trust the feds, God bless you. PRESIDENT ROCK: Further discussion? Senator Watson. SENATOR WATSON : Thank you, Mr. President. A question of the sponsor, please. PRESIDENT ROCK: Sponsor indicates she'll yield. SENATOR WATSON: Senator, our analysis says that the Pederal Emergency Management Agency, IDOT and local officials are cooperating to provide mapping as a -- resources now -- as resources are bein: permitted . What can you say to that particular statement? PRESIDENT ROCK: Senator Topinka. SENATOR TOPINKA: To the extent that they are dolng it, to the extent that they have financial resources available. Again: in reiteratin: what I told Senator Butler, it is incremental at best. So if your property happens Eo be outside of the area that may be under consideration, you will not get that predictability. :ou would not be able to avail yourself of the proqram. If you have ever ' seen what these flood maps look like and how versions of these come back to the public, even to our local mayors, managers and whatever, they have a tendency to be gross maps. They oftentimes vary in terms of twenty feet here or there. That could be a whole 37 ; k --.--  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 lot. They're very difficult to follow. There are inaceuracies in them. And really and truly, you have to have experts tell you what they are before you can be for sure that your property is involved .

Further discussion? Senator Topinka, to close.

Well, Mr. President, Ladies and Gentlemen of the Senate, and for a11 of those in Cook County and Dupage County who have been under water and have been getting wet feet on a fairly regular basis, your Realtors, your real estate boards, your lenders, your appraisers - everyone who is involved in this process - says they need a central clearing house because they do not know if their -- the property that they are selling or lending on or working with is going to flood. I think it also sets the pace for local municipalities to know if indeed they are going to consider berms or if they are going to consider any type of movement on flooding in their areas, what -- what lots, what property is indeed going to flood. And We can delineate it and provide that predictability. I would seek your posltive vote.

Question is, shall Senate Bill 439 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? A1l voted who Wish? Have a1l voted who Wish? Have all voted who wish? Take the record. On that question, there are 23 Ayes and 27 Nays, and the bill fails. 443. Senator Cullerton. In *he meantlme, Eenators, if I can have your attention. We have another special guest, and the Chair will yield to Senator Ken Hall.

Thank you -- thank you, Mr. President. We are indeed honored to have the mayor of the City of East St. Louis and his lovely 38  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 wife and some of the aldermen. So he's going to come right out. This is the new mayor, Mayor Cordon Bush, and the clerk of tbe City of East St. Louis, the president pro tem of the aldermenz and of course, his lovely wlfe. So at this time wefll turn it over to the mayor, Gordon Bush, of East St. Louis, Illinois.

(Remarks by Mayor Gordon Bush)

This is his lovely wife. This is the city clerk, Alzada Carr. This is the president pro tem of the aldermen. And this fellow is a little taller than I am. I'm always jealous of fellows taller than I am. And he is the assistant clerk, is that right -- City of East St. Louis. That where's the president? Herefs the president pro tem.

(Remarks by Oliver Hendricks)

She's a mayor, by the uay, Mayor. She is the mayor of Zion. Also, she's a Senator -- that's the reason why she asked khat question. This young man is an alderman.

(Remarks by Alderman Michael Collins)

This is the Chtef Advisor, Frank Childress. heard Sam Vadalabene say, uh-huh, uh-huh. So -- at this -- certainly want to thank and just to tell you our City is on the move. And we lre so appreciative of the vote in both Houses of the Legislature that we were able to get that oversight committee. Here's a city that has lost over forty-some thousand people and they're goin: to rise up out of the ashes. We had a great memorial service yesterday. And Gordonz our new mayor, is a Major in the Armed Forces, and you would have been proud to see that 39 m STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legkslatkve Day May 23# 1991 yesterday, Mayor. So anyway, again, we want to thank you for being able to greet him here this -- today. Now, we want to have a picture. Where is the photographer? Againy want to thank everyone. And President Rocky we are very grateful to be able to do that. PRESIDING OFPICER: (SENATOR DEMUZIO) On the Order of Senate Bills 3rd Reading, Senate Bill 443, Madam Secretary. Read the bill. 4-4-3. SECRETARY HAWKER: Senate Bill 4-4-3. (Secretary reads title of bi11) 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Cullerton. SENATOR CULLERTON: Thank you, Mr. President and Members of the Senate. This bill Would create the Electrieian Lieensing Act for *he requlation of electrieians and electrical contractors by the Department of Labor. In eommittee, some concerns were raised by the Municipal League. The bill is supported by the AFL-CIO. So What we did was to enter into negotiations with the Munlcipal League, as well as other interested parties, and the committee amendment made the bill a shell. I would ask that we pass this bill over to the House as we continue our negotiations, and hopefully come about with an agreed bill that we can concur with. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is# shall Senate Bil1 4-4-3 pass. Those in favor will vote Aye. The opposed, Nay. The voting is open. I'm sorry. Senator Jones. Senator Jones. SENATOR JONES: Yes. What the sponsor indicated Was true, and I have been Working With many groups in the City of Chicago, the many mincrity 40  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY ' I REGULAR SESSION SENATE TRANSCRIPT ! 32nd Legislative Day May 23, 1991 electrical contractors, the BCU. The bill is just a shell bill at this time, and it will remain a shell until the issues that we are concerned about are resolved. So we would -- and so Senator Cullerton has made that commitment. Those who are in the industry -- We are working kith them and minority contractors to insure that thls bill does no harm. Matter of fact, this bill should be the vehicle to solve many of the problems we have with the particular trade. And so I support the Centleman's motion that we pass that bill over, keep it alive as a shell until we can work on those various problems. PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Senator Newhouse. SENATOR NEWHOUSE: Thank you, Mr. Presidenty Senators. Senator Jones: I'm delighted to hear that you are taking part in this, and I would absolutely like to be involved. Because this Whole question of -- of breaking into these industries, as you know, has been one in Which I have had a deep interest for over twenty years. So if 1 could be included in those discussions, I'd certainly appreciate it, and I'd like to see it happen. PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 4-4-3 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 a1l voted who Wish? Take the record. On that question, the Ayes are 49, the Nays are 1, 2 voting Present. Senate Bill 4-4-3, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading, Senate Bill 4-4-9, Madam Secretary. Read the bill. SECRETARY HAWKER: Senate Bill 4-4-9. (Secretary reads title of bill) 41  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23# 1991 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Severns.

Thank you, Mr. President. I'd like to request leave to have Senate Bill 4-4-9 recommitted to the State Government Organization and Administration Committee.

PRESIDING OFFICER: (SENATOR DEMUZIO) You've heard the request of Senator Severns to recommit 449 to the Committee on State Government Reorganization <sic>. Leave is qranted. Senate 449 reeommitted. 456. Senator Jones. On the Order of Senate Bills 3rd Reading is Senate Bill 456, Madam Secretary.

Senate Bill 4-5-6. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDINC OFFICER: (SENATOR DEMUZIO) Senator Jones.

ïeah. Thank your Mr. President and Members of the Senate. This bill is one of the series of racing bills that eventually wi11 end up in conference. But what thls bill does is require inter-track Wagering licensees as well as inter-track Wagering location licensees to deposit one percent of the total Wages on multiple wages in the Special Purse and Reward Account. Right now, current law only allow the licensee to make that deposit. And I move for the passage of this bill.

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

Question of the sponsor, I may. 42  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

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

Xeah. Having three racetracks surrounding my district, you know, that -- who are good employers and a great source of taxes for us and people we appreciate - hoW do they feel about this? Have they given you any opinion?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

This doesn't impact on the traek itself. This deals with the OTB parlors and current discussions are going on right now on this legislation and other legislation.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka.

And if those tracks are involved ln -- are part and parcel of bein: involved in 0TB parlors, hoW do they feel about

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

As I indicatedy this is a series of bills that are currently under discussion right here, right now, With the track owners that youlre concerned about, as well as those -- the horsemen, the thoroughbred: the -- everyonels involved in this here. So this is just one of the series of bills that they are working on right noW. Thatîs the reason Why I indicated in my openin: remarks that this is one of the bills that eventually will end up in conference committee.

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

43  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 I have a question of the sponsor, Mr. President. PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he'll yield. Senator Welch. SENATOR WELCH: Senator Jones, I'm not sure I understand this. Is this a one-percent fee that's goin: to be paid from off-track bettins parlors? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones. SENATOR JONES: Yes. Yes. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. Senator Jones. SENATOR JONES: On the multiple Wages when a person bets, the one percent of the multiple wages. Those different trifectas - a11 different type of things. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. SENATOR WELCH: Will this reduce the amount a bettor will make on a winnlng ticket? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones. SENATOR JONES: Would iE reduee the amount that a beetor Will make on a ticket? It would be the same as it is on on-track. Currenhly, on-track right now: they pay this one percent. This part was -- was inadvertently left out and so therefore, that's the reason why we have this amendment. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. 44 k  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

So what youdre saying then if you qo to a off-track betting parlor where you don't actually get to see the horses live, you're not going to you used to make more money on a winning ticket than you did at the tracky but now you're going to make the same amount of money on a winning ticket. Is that what you fre saying?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Yes. And also, as I indieated to you, these matters are still under negotiation right now. This is just the bill at this point which will eventually end up in the total racing package. So we're just actlng on it.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Weaver. END OF TAPE TAPE 2

Thank you, Mr. President. I don't have too mueh concern with these three bills as they leave the Senater but I think we cereainly must look at them when they come back from the House, because I'm sure that there'll be a great deal more -- a great deal of chanqe made in them in the House. So at this present time I Would support the bills.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discusslon? Senator Brookins.

45  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Thank you. Will Senator Jones yield for a question?

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

PRESIDING OFFICER: (SENATOR DEMUZIO) Thank you. Senator Jones, when you go into an off-track betting parlor and you make a bet and you win, you don't get the whole amount that you kin. They take a portion away. What is that called, and is your bill alludin: to that?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

I don 't know the exaet portion that they take away at this -- this -- this only deals with the multiple wager. This is the -- the gimmick wagerinq more or less. Currently on-track that one percent goes into this special aceount. Off-tracky was inadvertently left out. And that's the reason why on the gimmick wagering, trifecta, daily double, perfecta, et cetera, like that. But again, as I indicated in my opening remarks, the race track owners, the horsemen and thoroughbred folks, and so they're a1l sittin: down negotiating on these particular points right now.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Brookins.

Thank you, Senator Jones. When khis goes into conference, I would be interested in having input' and to also deal with -- in our community we call *he d 'juice/' but it's another name, I don 't know if it's handle or whatever, but I'd like to deal with that situation.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Purther discussion? not, Senator Jones do you wish ko close? Question is, shall Senate Bill 4-5-6 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. 46  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Have all voted Who Wish? Have a1l voted Who Wish? Have all voted who wish? Take the record. On that questiony the Ayes are the Nays are 5, 3 voting Present. Senate Bill 456, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 457: Madam Secretaryy please.

Senate Bill 457. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OEFICER: (SENATOR DEMUZIO) Senator Jones.

Yeah. Thank you. Mr. President. Senate Bill 457 increases, from four to five percentz the amount inter-track wagering location licensee shall pay for pari-mutuel handle wagerin: on the races and purses. Decreases from eight to seven the amount the inter-track wagering location licensee shall pay of the pari-mutuel handle wagering to satisfy a1l costs. And I ask for a favorable vote on this bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Is there discussion? Senator Thomas Dunn.

Question of the sponsor.

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

What does this do to the local handler Senator?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

It doesn't impact at all on the local handle whatsoever. 47  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn. Purther discussion? senator Topinka.

Question to the sponsor.

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

What does this do to the breakage?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

It doesn 't impace on ehe breakage, and again this ls something that's currently under discussion right now - thls piece of leqislation. And When we passed the 0TB legislation about five or six years ago, at that time we didn't have OTB parlors, and when they sat down in negotiaeion We -- we put up some funds that are paid -- that goes on and on and on, and according to the percentages, more people and -- who had never attended tracks before are going to OTB parlors than :oin: to the tracks. So this issue is currently under diseussion and may not end up in this final form , but this is one of the packages of bills that theydre working on.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussicn? Senator Schuneman.

Thank you. Question of the sponsor.

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

Senator, is this the bill that is intended to address the problem of the share received by the horsemen, decreasing as the share of the OTBS increase? 48  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23e 1991

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

This is the bill. Right. This is the one.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schuneman.

Well then, to the bill, Mr. President: think that we should keep this process moving along. I think the the -- harness horsemen had a legitimate complaint that the percentage going to the owners for off-track betting parlors is a percentage which should perhaps decline ultimately, after they've recovered their capital, and that after that time a larger share should go to the horsemen, who are actually providing the show that's being shown in the off-track betting parlors, and I think would rise in support of the Gentleman's bill, and hope that We can keep the process moving.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, the question is, shall Senate Bill 457 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted Who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 50, the Nays are 6, 2 voting Present. Senate Bill 457, havinq received the required constitutional majority, is declared passed. Senate Bills 3rd Reading, Senate Bi11 458, Madam Secretary.

Senate Bi1l 458. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones. 49  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

ïeah. Thank youy Mr. President, Members of the Senate. Senate Bill 458 establishes and sets up a Race Track Backstreteh Improvement Pund. Currently right now, a1l the funds go toward the Race Track Improvement Fund. When the bill was heard in committeer the executive direetor of the -- the -- the Raeing Board was there. He indicated then that he may not be for a11 the money going to the Baekstretch Improvement Fund, but he would negotiate and feel that some portion -- we have yet to settle on a exact amount. I have amended the bill to say that fifty percent goes to Backstretch - fifty pereent will stay with the Raee Traek Improvement Fund. But again, this is something that they are still negotiatinq on with the race track owners and the backstretch. The backstretch is where those persons who work at the racetrack, many who have no facilities: such as toilets in their room, or a decent place to stay, and we 've discussed this issue. It must be addressed. They are willing to address it, so I ask for a favorable vote on this bill.

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

If I may ask a similar question as before. How does thls affect breakaqez and if it doesz how much is ie going to cost our tracks: you know, that are there on *he periphery of Chicago?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

does not affect breakage. Tt only deals with the Race Track Improvement Fund. Purrently the funds are used just to beautify the -- the front of the race track, but where the people work, for exampler they live in condittons that you wouldn't want your pet dog to live in, in some instances. Many do not even have 50  STATE OF ILLINOIS 87th GEHERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23: 1991 a washroom or a place there is improper day care. The the racing director indicated that be 's willing to work With us along these lines to see that a portion of those improvement funds be designated for the baekstretch. So it does not impact on breakage. This bill will allow fifty percent of the funds to go toward that end; it may end up being sixty percent, or it could go as low as maybe forty percent. But it's soaething that is currently being negotiated With the race tracks right now.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Topinka.

Dur staff analysis would suggest that these two funds that you would now have running concurrently would indeed divide break'age fifty/fifty. So breakage, at least according to our staff analysisy is affected. My -- again, I would ask, how much is that goin: to cost our local race tracks?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Brookins <sic>.

These are the current funds. Maybe you and I are usin: different words. So therefore, I'm -- I'm talklng about the Raee Track Improvement Fund, which is the breakage fund. So therefore, you are absolutely correct on those basis: but these are nok additional funds. These are funds that go into the Race Track Improvement Fund. Okay? Thank you. PRESIDING OFFICER; (SENATOR DEMUZTO) WICS has requested permission to videotape. Is leave granted? Leave is granted. Further discussion? Senator Madigan.

Thank you, Mr. President. I rise in support of this blll, and want to eompliment the Senator on bringing the parties together and trying to work towards a solution of this matter. As the 51  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSPRIPT 32nd Legislative Day May 23, 1991 sponsor and the Senator has indicated, he's working with this group and I think we ought continue and -- to support him and move this bill alonq. PRESIDING OFFICERI (SENATOR DEMUZIO) Further discussion? If -- not, the -- Senator Jones, do you wish to close? Question is, shall Senate Bill 458 pass. Those ln favor wil1 vote Aye. Those opposed, Nay. The votinq ls open. Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question: the Ayes are 54, the Nays are 1, 1 voting Present. Senate Bill 458, having received the required constitutional majority, is declared passed. 459. Senator Jones. On the Order of Senate Bills 3rd Reading: Senate Bill 459, Madam Secretary.

Senate Bill 459. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER) (SENATOR DEMUZIO) Senator Jones.

Thank you, Mr. President, Members of the Senate. Senate Bill 459 establishes procedures when the owner of burial rights cannot be contacted for tweney-five consecutive years for the sale those burial rights. What .this bill does is changes when you have abandoned cemetery plots that have been a purchase, or currenkly they must wait at least seventy-five years. There's a serlous problem ln the State of Illinois as relate to abandoned cemetery plots. There have been eoncerns expressed by some Members as relate to -- how will one know whether or not they will be notified if they own the plot and they are dead. Wefre currently working with them to solve that problem, and we plan to amend the bill in the House to to notify the heirs 52  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23, 1991 through publication, as well as have it be presented in the court. The same as -- that is done for unclaimed property. But it's a serious problem. The Cemetery Association, the Undertakers' Assoeiation have Worked long on this particular issue, and this is the bill, and I ask for a favorable vote.

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

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

PRESIDING OFFICER: (SENATOR DEMZZIO) Indicates he will yield. Senator Fawell.

Senator Jones, you know, my family has owned a -- a burial plot in Des Plaines for a number of yearsw probably close to eighty/ninety years now, and I think there is one grave left in that -- that plot. Now my family paid for that. They paid for perpetual care, et cetera: et ceeera, et ceeera. Youdre saylng, in effect, that under this bill, none of -- if neither my sisters nor I claim that plot, it's going to be sold to somebody else? I'm going to have somebody stuck in *he middle of my parents, and my grandparents and my brother and what have you?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

No: that is -- thaE is not the -- that's not What Would happen. What -- what would happen that after twenty-five years they w1ll seek to notify you or the heirs to that property and see if you still want to use that. You may decide that you want to sell In many instances -- in many instanees, persons do not even know they are heirs -- that they have a lot there. This will set up the procedure by whereby -- whereby if you decide 53  STATE OF ILLINOIS 87th GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 to keep the propertyz you -- you will 1et the cemetery know that you want to keep that particular piece of property. But if you are notified, then you still have another twenty -- twenty years to go. But it does not take that away from you.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Pawell.

I don 't understand what the point of the bill is then. I mean -- if theyfre not going to sell it, and they're just going to notify me: what if I donft know? I mean, maybe in -- in the case of my familyz to tell you the honest to gosh truth, I don't know. I don't know if my sisters or I are going to use it, or we're going to have children that are'going to use it, or grandchildren that are going to use it. -- we really don't know. Do we just - - and what if they can't get a hold of us?

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Jones.

That is the -- that is the key issue, and I'm glad you raised that partlcular point. And it was raised by several other legislators, and at the suggestion of Senator Alexander and also Senator Ted Lechowlcz, we will do the same thing as is currently done by the Deparkment of Financial Institutions. We will publish a list of property that is there and where they eannot even contact the person. Maybe they Will not know you, but one of your neiqhbors somewhere would know you and ge* in contaet with you. But to have tt set there year after year after year, is really creating a problem the State of Illinois. Again, there's an amendment being drafted in the Referenee Bureau to address those concerns, and the bill, in its current form, is not the final draft of ehis bill. And kf there are any other matters thak you Want to deal with on this bill, be glad to work with ycu to 54  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 make sure that no one's rlghts are denied.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Senator Pawell.

Well, you still haven't answered my questlon. You know, when we claim property after seven and a half years that it's been sitting in the bank, it goes into the General Revenue Fund, and very frankly, we spend it. Nok, are We goin: to -- is the State going to run around and claim burial plots? And if so, what are we go. ing to do with them? Or is the intent that after a family has bought a burial plot: that at that point the -- if nobody claims it, they can be -- the cemetery owner can resell and if so, I think khis is a bad idea.

PRESIDING OFPICER: (SENATOR DEMUZIO) A11 right. Purther discussion? Senator Brookins.

Thank you, Mr. President. Thank you, Mr. President. I've checked with the Illinois Funeral Directors Association ln this matter because, as you know, is ' a funeral director's problem to a certain extent. Because we do encourage people to make prefuneral arrangements, Dr. Davidson -- Senator Davidson. This 1aw and these rules are already in effect as we talk now, to a certain extent. And therefore, it would not alter what wedre doin: already. I have talked With Senator Jones concerning a feW pointsy Whieh he indicates Will be in an amendment that will be put on in the -- in the House to clear up Ehose problems. And also should :ay that, as a funeral dlrector, I would it may be a confliet of interest, but 1111 be voting my conscience.

PRESIDING OFPICER: (SENATOR DEMUZIO) Furtber discussion? Eenator Kelly. SENATOR KELLX: Xes. Mr. President, I -- I'd like to know how the Senator was 55  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 able to get this bill on the Agreed Bill List three times, and we had to sign off to get off the Agreed Bill three times. I hope this never happens aqain, because when we sign a bill off, we want it to stay off.

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

Mr. President, Members of the Senate, I realize that this cuts the period from seventy-five to twenty-five years, but I'm kind of uncomfortable with his concept. think when one of those high-pressure salesmen ends up in your dining room explaining this burial thing to you and they sell you the plot, then they try and sell you a bunch of plots so that you family will be together forever, and the situation that I see here is maybe -- maybe Senator Fawellfs family doesn't have a use for that plot maybe the -- the famlly drifts to other parts of the country and they qet buried in other places, but if the funeral -- or the cemetery owners and these are for-profit corporations - can then resell that plot: I think that violates the origlnal --.at least what I think people thought they were buying. And while, for instance y someone in Senator Pawell's family may not have a need for this plot, suspect their descendents would take umbrage with, say, having a mass murderer buried amidst thetr family. don't think we want to do this. I think people tend to lose track of these plots. discovered I had one that -- that comes to me very obliquely, and I -- I don't know Ehat 1111 ever have any inberest in it. bu* I don't think once it's paid for, tha: people ought to be able to resell these things. This isn't a shell game. And think when they sell it to you, they sell it to you as a package for your family, and if you don't use I don't see why the the cemetery should be able to make a double profit on this and double-sell it. 'Cause obviously if they ean't find you to tell 56  STATE OP ILLINOIS 87th GEHERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23, 1991 you thak you have ity they can't find you to give you the money. There's something basically intrinslcally wrong with this blll.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? If note Senator Jones may close.

I can I can understand and appreciate the concern expressed by Senator Fawell and Senator Schaffer, and Ehe issues that -- many of the issues that you have raised are currently in the Referenee Bureau being drafted, to deal With your concerns, but one of the things that we are faced with in this State and across this nation is property that is currently under ownership of persons who no one knows exists. It's been there for manyz many years, and you have ran out of space, but it will not take it away from you. They will notify you that you still own this property, and you can decide -- you may decide you want to sell the plot, but at least they will have a record as to who owns and who wants what in a cemetery. And I ask for a favorable vote on this bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 459 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 14, the Nays are 33, 4 voting Present. Senate Bill 459, having failed to receive the required constitutional majority, is declared lost. 468. SenaEor Collins. On Ehe Order of :enate Bills 3rd Reading, senate Bill 468, Madam Secretary.

Senate Bill 468. (Secretary reads title of b1ll)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins. 57  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

ïes. Thank you, Mr. President. When this bill left committee, it was the Sentencing Review Task Force, and when the bill got to the Floor, the Illinois Commission on Juvenile Justice requested that we include them in the bill, and rename the -- the task force to Sentencing and Juvenile Disposition Review Panel. What it does, it is a panel that will review the aandatory sentencing laws in the State of Illinois, and also dispositions of juvenile -- I mean, juvenile dispositions also in Illinois. think this -- the findings of this committee could have a tremendous impact on overcrowdedness ln our jails and our prisons in the State of Illinois. Most of the people who are listed as participating in this process have all slgned off on doing this. They think it is very important that we do ity and the -- the Illinois Juvenile Justice Commission, under the direction of a -- the federal 1aw on juvenile justice and delinquent prevention under that Act in 1988, is required as a condition for continued participation and federal funds for prevention, to in fact, do a study, compile a list ahd at all stages of -- of the juvenile justice system. And also to measure the extent of the problem, and as in relationship to the disproportionate number of minorities incarcerated. So this is a task that it is very tmportant that we do, and I would just -- don't know of any opposition, and I would ask for a favorable roll call.

PRESIDINC OFFICER: (SENATOR DEMUZIO) Is khere discussion? If not' the question is, shall Senate Bill 468 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who Wish? Have all voted who Wish? Have a11 voted who Wish? Take ehe record. On that question, the Ayes are 56, the Nays are noney none voting Present. Senate Bill 468, having received the required constitutional majority. is deelared passed. Top of Page 6. 471. Senator 58  STATZ 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Collins. On the Order of Senate Bills 3rd Reading, Senate Bill 471, Madam Secretary.

Senate Bill 4-7-1. (Secretary reads eitle of bil1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins.

Thank you. This is a bill that was worked out with the Department of Central Management Services, and what simply does is allow them to establish: by rule, a program to -- an executive training program for minoritiesy whieh includes females. This is important. When we take a look at the statisties on top management and middle management positions, and when we look at the affirmative action reports from the Human Rights Commission, the EE0 division, We Will see that at the top levels and at the middle management levels, that we have very feW representation of minorities and females. We are making progress as it relates to females, but we are most certainly not where we should be, and in order to meet those affirmative action goals, we Will allow the Department of Central Management Services to promulgate some rules that would allow them to have a pool of trained people that they can, in fact, move through promotions through that process. I would be happy to answer any questions. If not: would appreciate a favorable roll call.

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

Question of the sponsor.

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates she kill yield. Senator Davidson. 59  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23F 1991

As I recall that this bill in committee, there was no specific number of nominations to be made. Is there any limitation or any -- how many members or percentage of the total number of participants in this program going to be limited to or expanded to?

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Collins.

No . What welve done is allow Central Management Services that flexibility, which they wanted to do, because that would be determined by any number of factors. They will develcp the rules to make that determination.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Davidson.

And I didnlt see any source of fundlng. This is a neW program. With this current fiseal erisis, hoW you going to fund this program?

PRESIDING OPFICER: (SENATOR DEMDZIO) Senator Collins.

I have not seen any fiscal impact on -- having any fiscal impact on -- at all. I -- and if so. don't know -- know of any fiscal impact.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson.

My understanding is State agencies are already covered by the affirmative action quotas and guidelines. What's this going to dc to the affirmaeive action that's already in plaee and in the Statutes? 60  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Collins .

I'm sorry. What was the question again?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson. It's going to be a long day, Ladies and Gentlemen. Let's pay attention.

My understanding State aqencies are already covered by affirmative action quotas and guidelines. What's this qoing to do to the already in-place Affirmative Action Program?

PRESTDING OFFICER: (SENATOR DEMUZIO) Senator Collins. SENATOR COLLïNS: This is not going to replace the Affirmative Action Program . lhat thls ïs going eo do is make 1* easier for the various agencies to fulfill their affirmative aetion goals. That's al1 Ehis is going to do. This is to help them: not eo hinder ehem.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Davidsoh.

And these...

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davldson.

Mr. President and Members of the Senate, I rise in opposlkion to this bill for two reasons. We already have affirmative aetion in place. We already have Executive Development Program in place by CMS for al1 the State agencies. NoWhere, nohow does say how this is going to be funded. Frankly, even lf we weren't in a fiscal crisis, to jeopardize or play with the affirmative action that's in place and the Executive Development Program that's 61  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 already in place that seems to be working . This is total unnecessary legislation. It may be well-meaninq in her mlnd, but I Want to tell you, she's tinkerlng with a program that's been in place for quite a while, and I certainly hope that this bill does not pass.

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

Well -- well: thank you, Mr. President. I also rise in opposition to Senate Bill 471. Senator Davidson is absolutely correct. Our staff analysis indicates that the fiscal impact would be substantially highw and eurrently CMS is already bound by affirmative action quidelines. The Executive Development Program already requires CMS to make every attempt to guarantee that at least one-third of those participatin: in the program reflect the ratio of sex, race and ethnicity of eligible employees, and in my viewe this type of program basically constitutes just another form of reverse discrimination, and I urge that my colleagues to vote No.

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

Let me assure you that Central Management Services has no objection to this proqram: and also recognize that the existing program does not really -- haven't done very much to improve the situation of promoting minorities and -- and -- and filling the gap based on the number of employees at al1 levels of sovernment at the executive level. And the program that -- and 1et me just tell you now how the program has been working since 1987. The number of participants in the existins program has been ten; the number of females - five; the number of males - five; the number of black Americans - zero -- the number of black Americans - zero. 62  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 What this proqram kould do -- and and the hue and cry has always beenz ''We don 't have qualified people. We ean 't find qualified applicants.f' So what welre saying just as the Federal Government has done for a long time - that if you start an executive training program at about middle-level management, which Central Management Services agree, then you can promote people to top manaqement positions, because if you look at the record of this State, the affirmative actionfs report - it is a disgrace. It is an absolute disgrace that you do not have minorities -- and they are there; they are qualified in this State at -- at the top-level management positions, and middle-mana:ement positions. And also, women. Pemales in this State. NoW youfre making some progress there, but this bill would allow Central Management Services more flexibility. Each of the agencies has money in their budget already for affirmative action. Many of them cry they cannot meet their goals because they don't have qualified people. They can take the money that they have and use it in this program to expand the existing program, and this is what wefre trying to do, and I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMDZIO) Al1 right. The question is, shall Senate Bill 47l pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have all voted who Wish? Have al1 voted Who wish? Have all voted who wish? Have a1l voted who wish? Last call. Have all voted Who wish? Take the record. On that question, the Ayes are 29e the Nays are 27, none voting Present. Senator Collins -- requests postponed Consideration. postponed Conslderation is granted. 472. Senator Collins. Senator Philip, for what purpose do you arîsoz

Thank you, Mr. President, Ladies and Centlemen of the Senate. notice a man up here in the back gallery taking TV shots of the 63  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislattve Day May 23, 1991 of the Ploor here. I didn't remember anybody requesting leave or permission to do And I don't know Who he is or what he 's doing and what his motives are, quite frankly.

PRESIDING OFFICER: (SENATOR DEMUZIO) I think we have a staff person on the way up to discover what the rationale and reason is. Hefs from Channel 20, I'm told; Senator Davidson is vouching for him. Senator Davidson.

If it's in order, ask for permission for Channel 20 to take film of the Senate.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, first of all, if the gentleman is with WICS-TV, we -- we -- he made a request. It's in the record. We sought leave, and the gentleman Was, in fact, granted the opportunity to eo tape. Senator Philip. Senator -- a1l right. Senate Bills -- gentleman has leave. Senate Bills -- Wepre on 3rd Readinq, Senate Bill 472, Madam Secretary.

Senate Bill 4-7-2. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins.

Yes. Thank youe Mr. President, Members of the Senate. Senate Bill 472 ls another initiative that Was recommended by the conference last year in April, and that was to again attempt to find ways to improve the affirmative action record in the State of Illinois, as related to minority employment. We have worked this amendment out with Central Management Services. It is something thaE they will do by administrative rules, in arder Lo meet affirmative action goals wben it's necessary. Would be 64  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 happy to answer any questions, and if not, I will ask for a favorable roll call. But let me just clarlfy one thing before I do that. I see in a -- in the staff analysis here that this program grant will grant automatic preference to minorities over veterans. That is absolutely Wrong, and I don't know Who and Why that came to bee but this bill has nothing to do with veterans' preferences or taking away veteran preferences. would never introduce a bill to do so. This bill has to do with allowing Central Management Services the right to promulgate rules. nothing new. Senator mean, the -- Governor Oqilvie did it under his administration a long time, reeognizing that blacks do not do as well as other groups on tests, and that for khe most part, most tests are culture-biased and thereforer it has no correlations between the ability to perform the job and to score on the test. And so what this bill Would do in cases where they're -- are not meeting afflrmative aetion goals, would allow - by administrative rule - Department of Central Management Services to pull from the B list. I'd be happy to answer any questions; if not, Would appreciate a favorable roll call.

PRESIDING OFFTCER: (SENATOR DEMUZIO) Al1 right. Discussion? Senator Dudycz.

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

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates she Wi11 yield. Senator Dudycz.

senator Collins, how would the Collective Bargaining Agreements be affected With thts legislation?

PRESIDING OFFTCER: (SENATOR DEMUZIO) Senator Collins.

Given that this whole program will be developed by Central 65  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Management Services, by rules, collective bargalning people would most certainly be a part of whatever rules are established. And so they shouldn't be affected at all.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Well, the information I received is from -- from Central Management Services -- this will bypass veterans by implementing the program. Under current practice, Senator, Staee agencies are required to implement a continual affirmative action plan - as you know - designed to promote equal opportunity employment for a11 residents. Now Senate Bill 472 instructs agencies to revise their appointment and promotion practices they fail to meet affirmative action goals due to the underrepresentation of minorities in the higher-level job categories or higher salary levels. How do you, Senator, describe -- or how do you interpret what the higher job categories or hiqher salary levels is?

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Collins.

Senator, you are responding to the very first draft. told you since that time we have worked out an amendmentz and what we're dealing With the bill, as amended by Central Management Services. That is no longer a part of this bill -- what you're talking about. You're -- you're responding to the very first draft, before Central Management Servlces had any input.

PRESIDING OFPICER: (SENATOR DEMUZTO) Senator Dudycz. SENATOR DUDYCZJ Well -- well then Committee Amendment No. deletes the language that specifies the manner in Which the promotion practices may be revisedy and allows CMS to just promulgate the 66  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 rules to -- govern it. Is that correck?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins.

Correct.

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

Mr. President and Members of the Senate, I rise in opposition to this. May be well-intentioned by the sponsor. Says she doesn'k attempt to bypass the veterans' preference, but -- my informationg it does. do not have a copy of the amendment that was adopted. see according to the Calendar it has been amended, but have no such amendment in my book so I can tell whether it does or doesnft. Secondly, it does away with one of the problems under colleetive bargaining. It's based on seniority and et cetera. You're going to do away with that in this bill, as understand And lastly, most of you don't have the number of State employees in your district as I do, but we've been working -- have been for merit selection, merit promotion. This: as 1 understand it, would bypass -- this would just put another Wedge to drive the support that State employees have, that they're going to be treated fairly on a merit selection to be advanced or promoted. I think tbis is not a good eoncept, and would urge everyone to vote No on this bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? If not, -- I'm sorry. Senator Raica.

I'm sorry, Mr. President. Just on the merits of the bill. Tf we wanted to go with affirmative action and say that a mlnority has scored as well as anyone else on a test, and because he is a minority he's being discriminated against so We're going to 67  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 promote him , I would think that that's finez but to take -- to take someone who has scored lower than somebody who has achieved and has Etudied for the exam and everytbing and put someone else ahead of that gentleman or that female, I don ît know if that's exactly that correct. So itfs What the firefighters and police and al1 uniis have been fighting against - to have something like this - and I donît know if this is a step in the right directkon or it's a step backwards, but I -- I would think a No vote or a Present vote would be the right vote here.

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

The Way this bill is noW drafted -- in Which We worked aut with Central Management Services, the only way that this bill will impact on veteransî preferences Would be if Central Management Services would develop some rules by which it would do so . trust that they would not do that. The only way that this bill would interfere with a collective 'bargain agreement, Central Management Serviees Would have to promulgate rules that would do so. I'm -- trust that they wouldn't do that, and I don't believe they they will do that. If you don't want to vote for the bill, don't vote for the bill. But Senator Davidson, don't say something that's in the bill that's not in in order to get someone else not to vote for it. Vote for it on its merits. I think ik's a good bill. 1* -- lt -- the Eime has come for us ko do that. not -- it's not a mandate. It's flexible and it gives that flexibility to Department Central Management Services, and I would just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMDZIO) The questlon is, shall Senate Bill 472 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 68  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23z 1991 voted Who Wish? Have all voted who wish? Have all voted who wish? Have a1l voted Who Wish? Take the record. On that question, the Ayes are 26# the Nays are 27, 3 votin: Present. Senate Bill 472, having failed to receive the required constitutional majority, is declared lost. Senator Collins requests Postponed Consideration. Postponed Consideration. Senate Bill -- Mr. President -- letls see. WAND-TV requests permission to videotape. Is leave granted? Leave is granted. On the Order of Senate Bills 3rd Readingz Senate Bill 478, Madam Secretary.

Senate Bill 4-7-8. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Thomas Dunn.

Thank you, Mr. President. The intent of this bill is to give economically depressed areas the rightful thing 'that we a11 intended when we talked about riverboat gambling, and this provides the criteria to do that, using current unemployment, and the unemployment over ten years, and housing starts and jobs lost. I've talked to most of you on the Floor about this bill. So I'm not qoin: to give a long speech about due to the time today. I would urge an Aye vote.

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

Well, thank you, Ladies and Gentlemen of the Senate. can appreciate what the Senator is trying to do in regard to adding criteria for economically depressed areas, but when you look at the criteria that he's given, I think it's going to set up Where 69 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 there's only one area that can be chosen, and understand he represents that area and I know where he 's comlng from. But when you look at the employment, current and and ken years aga. the jobs lost, the jobs created, the population increases and decreases, the prison population - how many areas of the State have prison population? He also has the population within the dock area within a mile and a half, and I think it gets a little - - a little specific here and specific to one area. And the other thing and a question that I would have of the sponsor is that on Amendment No. 2, Why Would you have changed from the licensee to have the legal standing to the community or municipality to have the ability to sue - What is the purpose of that? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn. SENATOR T . DUNN: Thank you, Mr. President. The purposey Senator, was to address exactly what you started With, and that was that this is to affect one area. believe you're incorrect. This a Statewide criteria to be applied throughout the State, and we changed it to give standing to municipalities and townships rather that individuals, so would prevent the kind of thing that -- exactly what you're talking about - namely that two boats within a close proximity that there would be a war between the llcensees or the applicants. That removes this so that it's placed in the riqhtful spot, and that's with the municipal governments and the townships. I accepted that amendment and I think it's a good amendment. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue. SENATOR DONAHUE: Well. Yes, it has Statewide implications and therels only two communities that it really has an impact, and that's Joliet and 70  STATE 0F ILLINOIS 87th GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Chester, so -- when you -- When you add the prison population and that type of thinq. So -- and -- I would question on the licensee versus the municipality havin: the -- the legal standing, because the -- what if the municipality doesnft answer or respond to something? Why should the licensee be penalized for that?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn.

Well, Senator, would presume that if a licensee or an applicant can't convince the township or the municipality to object, then -- then, you know, that's democracy. And to talk about that, that it only applies to two areas in the State, is -- is -- may be the case todayz but what about tomorrow? What about tomorrow when an economically depressed river town, such as yours maybe, needs a license, and someone comes up just to the north and south of you and wants to put a license there in the middle of nowhere. Where are you qoing to ask for the license to be put in the place Where it helps the most people or the least? I think it should be go where -= where it helps the most people.

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

Well, I think there are others that are going to speak out and bring out some other points, but I do rise in opposition to this bill.

PRESIDING OFFICER : (SENATOR DEMUZIO) A1l right. Before we go any further, Molly Hall has requested permission to videotape WCIA. Is leave granted? Leave is granted. While -- while we're on it, the seventh grade class -- classes from Blessed Sacrament Sehool, here in Springfield, are visiting With us in the -- in the gallery - their teachers and parents, Mrs. Smith, Mrs. Hallahan, Mrs. Link, and I think Mrs. 71  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23: 1991 i I Eck, and also one of the students is Megan Holland of -- daughter of our -- of our Chief of Staff on the Democrat side. Will our ! I I guests kn the gallery please rise and be recognized. Al1 right. I Further discussion? Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 1, too, have a number of questions about this bill. The previous speaker has raised the question about Amendment No. 2. That was -- going to be one of the -- and also about the -- the prison situationg but let's -- 1et me forgo those -- those questions, since they have already been addressed. I guess, basically, my -- my question that I would like to present to my colleague here is that this bill Would add twenty-some odd new criteria that Would be utilized in identifying a future of franchisees or licensees. And quite frankly, I'm not aware that there's a problem. The Gamin: Board has successfully awarded licenses. I dondt believe they -- the system is broken in any way. What is the problem that we 're trying to fix here? It seems to me that -- and I would like to have Senator Jacobs, Who has Worked long and hard to establish the criteria that are currently in khe lawy and to be used in making the selection of licensees - I -- I Would appreciate having his -- his comments on -- on thls bill before us today. Quite frankly, I see absolutely no need for this legislation, and I think that the criterla now in 1aW are perfectly adequate to make decisions on licensees in the futurez just as they have been adequate to make decisions on licensees in the past. So I -- I rise in opposition to this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Dunn, to close. Oh, I'm sorry. Senator Schuneman -- put your light on.

Question of the sponsor, Mr. President. I 72  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OPFICER: (SENATOR LECHOWICZ) Indicates helll yield.

Senator, I realize that you have a large prison in your community, but I'm just curious to know what the rationale would be for the rest of us in the State of Illinois to use prison population in a community as a reason to site a gambling operation there. Is there is there a rationale for that? so, IId like to -- I'm curious to hear it.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Before ke get a response, Illinois Public Radio requests permission to record. Hearing no objections, permission is granted. Senator Dunn.' Senator Dunn.

Thank you, Mr. President. trying to think of a good answer, and sometimes sometimes that takes a while.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Not for you.

It is today. Senator, my -- my recollection is that thak We attempted to get a Whole picture, and I think you -- youdve selected one out of the twenty criteria, and if you look at the other the ather criteria, I think you'll see that -- that this gives a balance to the board in their ability to -- to select where a license ought to go, taking into consideration I'm not goinq to read the twenty thlngs, but Idm sure youlve read them, and those twenty things really point out that a community who has not had as particularly well as some other communitiesy might be more deserving. And that Was our intent. Even though you didn't vote for the legislation, this was our intent of the Body - - to give to the communities - the riverboat eommunities - who had gone downhill economically.  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23e 1991

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Sehuneman.

Well, thank you, Mr. President. dontt think I really got an answer to the question. I guess I would understand it if the Gentleman put in a bill or an amendment ordering the board to award a license to Joliet, but to set up this kind criteria which seems to be unrelated to the issue: really don't undecstand that.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Dunn, to close. SENATOR œ. DUNN: Well, thank you, Mr. President. You know, Senator Etheredge said he -- he didn't see a need. Senator Etheredge didn't see a need for this legislation When it came up initially, and voted aqainst it. Since January lst of this year, kedre now crying for money as we sit here in May, and we are crying for money, and that money would have been available had We had a boat on the kater January 1st. We Wouldn't be sittinq today, six hundred and fifty million dollars in the hole. We Would have had money eoming in to the State of Illinois, had those boats been on the river today. urse an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 478 pass. All in favor: vote Aye. Al1 opposedy vote Nay. The votin: is open. Have a11 voted who wlsh? Have all voted who Wish? Xave a1l voted who wish? Please take the record. On this questione there are 25 Ayes, 26 Nays, l recoröed as Present. This bill, having failed to receive the constitutional majority, hereby declared lost. Senate Bill 4-8-4. Senator Severns. Read the bill, Madam Secretary.

Senate Bill 4-8-4. 74  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 (Secretary reads title of bill) 3rd Reading of the bill. 1

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

Thank you, Mr. President, Members of the Senate. As we a11 know, Europe is alive With change and change that compels Illinois - and any state who wishes to be competitive - to more actively move toward those European Community '92 markets. That's the intent of this bill. It creates the Illinois European Community 1992 Trade Project within the Department of Commerce and Community Affairs, and encourages us to exhaust al1 available avenues to help enhance the Illinois competitive position as EC '92 rolls around. I know of no opposition to the bill, and would eneourage a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is# shall Senate Bill 484 pass. A11 in favor: vote Aye. All opposed, vote Nay. The voting is open. Have al1 voted Who wish? Have all -- Joyce, would you please ' reeord me? Senator Holmberg. Have al1 voted who wish? Thank you. Please take the record. On this question, there are 58 Ayes, no Naysz none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. 485. Senator Schaffer. Read the bill, Madam Secretary.

Senate Bill 4-8-5. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schaffer. I SENATOR SCHAFFER: Mr. President and Members of the bill -- Body, this is a -- a I 75  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legkslative Day Ma# 1991 proposal that comes from my part of the Statez which is growing by leaps and bounds. Regrettably: while other parts of the State are tryinq to surplus schools, we're trying to figure out how to pay for them. This would allowy by referendum, an education service region or in the case of multicounty serviee reqions, a -- individual eouniies in that region to enact a local-option income tax, Which Would be used to abate property taxes for capital construction approved by referendum, or in the case of a school district that had no need for a referendum, to abate existlng bonds. And in the extremely unlikely event of a district that had no capital bonds, it Would be used to abate the prcperty taxes on the general operation part of the property tax levy. would emphasize this is not a tax increase . is a referendum-driven attempt to allow us to fund the construction of neW schools from an -- something other than the property tax. I Woukd algo point out that we are in no way trying to replace developer contributions. This would be used to cover that portion of school construction that would normally be covered by property taxes. happen to feel that the reasonable and adequate developer contributions should and -- and Will be part of the mix for neW school construetion. Wlthout ehis type of an option, certainly the fast-developing parts of the State are going to have incredibly hiqh property tax billsz and I khink if we can avoid that we ought to try. be happy to answer any questions from Senator Berman or anyane else.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. rise in opposition to Senate Bill 485. The thing that bothers me about the bill is the information that I am looking at on a repork from our Illinois Department of Revenue. Let me just read 76  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 the last paragraph, ''It has been determined by the Department of Revenue that -- that the system development alone to implement Senate Bill 485 would be a one-time cost of ten million eight hundred and fifty-five thousand five hundred and forty-seven dollars. To maintain the new system and procedures, an ongoinq administrative expense to the Department can be estimated at two million thirty-four thousand seven hundred and seventy-four dollars annually. Total FY'92 expenses associated with implementation of Senate Bill 485 exeeed 12.9 million.'l This may be a good idea, but not this year. urge a No vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Dupage, Senator Fawell.

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

Senator, is -- is this a permissive blll?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator schaffer.

Absolutely. It's by referendum. Frontdoor referendum .

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell.

Well, to the bill: you know, very frankly, don't think most of the counties in this State are even going to be interested in this billz 'cause as the qood Senator pointed out, most of the counties in this State frankly don't have the problems that we do in the collar counties, but those of us in the collar counties are constantly faced With the problem of tryëng to tell our seniors 77  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 how they can posslbly afford to stay within their homes that they have built and they have lived in and that they dve raised their families in. And when I get the phone calls from some of these seniors who are literally crying because they have to leave a community that -- that is so important to them because they just plain can't afford to stay tbere because of the real estate taxes, it seems to me that this is a good method that we could suggest to our people ln -- in the collar counties, to -- in order to continue the education that ls needed and at the same time give some relief to those Who can least afford it. I don't think this is an unreasonable request. Prankly, most of you are not even going to be in the position that this is going to mean diddly to any of you. It is going to make a difference to those of us who represent the collar counties and some of the suburbs. I think it's a good idea. I think that We ought to pass it along. Maybe it does have a feW flaws here and there, but if we don't start doing something -- and I was on the Education Committee for ten years and a11 I heard Was, HOne of these daysy in the far futurey we shall do something.l' Then -- then we are going to destroy a 1ot of good people's lives. I think this bill deserves an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schaffer, to close. I'm sorry. Gentleman from Cook, Senator DeAngelis. SENATOR DeANGELIS: Well: Ehank you, Mr. President. Rather quickly - what is so wrong in allowing people to make a choice to pay for education through an income tax? What is so Wrong? That's all this bill does.

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

78 1 . STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Mr. President, 1, too, have the document alluded to from the Department of Revenue. would respectfully point out that that is based on the assumption that the entire State Would implement this bill. It would increase the Department head count by sixty-two people; adding twenty taxpayer service reps; twenty tax examiners; seven auditors and a partridge in a pear tree. Obviously, if the entire State, by referendum, chose to exercise this option, that eost estimate is probably accurate. If we -- we accept that assumotion. The bill provides for a two-percent fee off the top to cover the State cost. If the entire State adopted the tax as the Department of Revenue coneludes, the two percent would generate fifteen million dollars a year. In other words, we'd be running at a profit at the State level. The simple fact is tbat this is a referendum procedure, and the only place believe the people would be willing to seriously consider this referendum are the areas that are faced with rapid expansion and the need to build many new schools. That is a very limited part of the State, a very limited number of tax dollars generated in a Statewide prospective, and obviously we wouldn't need to hire this gaggle of new State employees if it only applied to two or three counties. I have in my hand probably the scariest document I've read in a lon: time. It's called the Dupage County Tax Burden -- a property tax study by the Illinois Taxpayers Federation. I would submit to you that Stephen King never Wrote a scarier book. I don't want the Whole collar counties to end up in the next versàon of this book. We don't need to. I think the leadership is Ehere in Ehe educatlon community to talk to the people, to present these referendums, and to give people an alternative. Thatls a1l welre asking. don't Want to go the same Way. I Want my area to develop so that people that aren't filthy rlch can live there. That senior cltizens can spend their whole lives there, and yes, so my children might be able to buy a house there and 79  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 afford to live there. And that's What this bill is a1l about. I'd appreeiate a favorable roll call.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 485 pass. A11 in favor: vote Aye. A11 opposed, vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who Wish? Please take the record. On this question, there are 39 Ayes, 10 Nays, none recorded as Present. Thls bill, having reeeived the eonstitutional majority, ks hereby declared passed. Senate Bill 497. Senator Luft. Read the billr Madam Secretary.

Senate Bill 4-9-7. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Tazewell, Senator Luft.

Thank you, Mr. President. Senate Bill 497 clarifies existing 1aw relative to the applicability of a sales tax on mandatory service charge, and what the bill provides is that the proceeds of a mandatory service charge separately stated on a customer's bill for purpose and -- for the purchase and consumption of food and beverages, exempt -- is exempt from sales tax if any portlon of khe proceeds are turned over to the employee: Who Would normally have received a portion or a1l of that tip. Now the 1aw says a1l of that portion has to be over -- turned over to the employee. The problem is, it's become an aceountkng nightmare for example, when you have a sltuation where banquets are concerned and the service charge is distributed among everyone -- or all of the employees involved with the -- the banquet procedures. I would try to ask <sicl any questions, otherwise I'd ask for a favorable roll call on Senate Bill 497. 80  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OFFICER: (SENATOR LECBOWICZ) Any discussion? The question is, shall Senate Bill 4-9-7 pass. A1l in favor: vote Aye. All opposede vote Nay. The voting is open. Have a1l voted Who Wish? Have all voted who wish? Please take the record. On this question, there are 57 Ayese no Nays: none recorded as Present. This bille having received the constitutional majority, is hereby declared passed. Senate Bill 500. Senator Severns. Read the bill, Madam Secretary.

Senate Bill 500. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank youz Mr. President, Members of the Senate. Senate Bill 500 is a bold initiative to save our hospitals. It is a solid common-sense approach to address the fact that our current Medicaid reimbursement system is broken. And our hospitals Who, in good faith, have provided service to our Medieaid population, are now in critical condition. The Illinois Hospitals Association reform package is a genuine attempt to address this problem to assure the well-being of all Illinoisans who depend upon their community hospitals. Reform will provide much-needed financial assistance to all Illinois hospitals: not only because of its DRG-based methodology for maklng payments, but because of the improvements it will make in the way in which the State pays for the outpatient care, and in the way in whlch services are provided. Reform is ready and able to be implemented. It is, in fact, the only proposal that is presented to tbe Legislature with the identical bill: House Bill 5 -- 1000, being in the House. We cannot delay addressing this problem that confronts a11 of 81  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23: 1991 Illinois. It's a proposal that is the result of a lot of hours of hard work by all of the interested parties involved, who are. in good faith, providing health care delivery eo this State. I think it's a genuine attempt to solve a crisis that exists, and one that we cannot wait for another legislative Session to address. be happy to answer any questions, and would urge a favorable vote.

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

Yes. Mr. President, if I may ask some questions of the S#OnS0r.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Lady indicates shedll yield.

A1l right. First of all, What Would be the actual cost to the State if We begin implementation of Senate Bill 500 on January 1st: 1992? 'Cause my coneern is -- is# if there is a cost to us, where would we find that funding?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Severns.

I would like to break the eost down in tWo categories. The cost of reform - this package is seven and a half milllon. When you add the Governor's directive to buy back the payment period down to sixty days, you add an additional forty-five million. So the -- down to thirty days. So the full cost is fifty-two and a half million, with forty-five of it being already suggested by the Governor and his budget. PRESIDING OFFICERJ (SENATOR LCCHOWICZ) Senator Topinka.

Well and clear this up for me kf I'm incorrect, but if -- 82  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 if the State is going to try and get a federal match, we have to put some money up front. In other words, you know, we -- to get we have to spend. How much money would that be, and where do you think it will come from?

PRESIDING OEEICER: (SENATOR LECHOWICZ) Senator Severns.

That -- you are correct, Senator Topinka. We, in fact, have to appropriate the three hundred million dollars. That is where the assessment, through the generous offer of the hospitals to self-assess the hospitals for a two-year period -- through their self-assessment: they will, in fact, pay for the State's portion for a two-year period.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

They -- the hospitals -- and I -- and I do certalnly commend them for getting involved in this; it's reallyy you know, very, very good. They are going to pick up the up-front money? Entirely?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Severns.

The -- the only up-front money the State has to provide is for that first month of delivery. So that's -- that's seven and a half million. The remaining amount will be plcked up throuqh *he self-assessment that the hospitals -- the plan that *he hospieals put forward and we've put on by Way of amendment in the committee.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

Okay. My next question Would be, why are we tying the State 83  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 to the federal Medicare system in order to determine State specific Medicaid rates for hospitals, because it -- apparently well, not apparently. but Medicare and Medicaid populations are different in terms of their health care needs. So would there be any changes or differences or concerns on that part?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Severns.

There is a Medicaid adjustment that recognizes the distinction between a Medicaid population versus a Medicare population. 1'11 be the first one to say that -- that I don't easually sign on to a federal program, but the simple reality is the Medicare Program, when compared to the Illinois Medicaid Programy starts looking pretty good . And the other simple fact 1s, it has a proven track record. We do not have time to reinvent the wheel. If we go with another proqram, it literally, I expect, would take years to develop. This proposal uses something that already has a proven track record, and has taken into account the rules and regulations put forward by the Department of Public Aid.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

Well, how -- how much will -- you know we had a -- I had a few amendments last week where I tried to see if We could kind of 9et this program going on indefinitely and you could be a full working parkner, kind of, forever. And I thlnk that would have been very, very nlce. Wellg that didn't work out. So how much would the State be obliqated to pick up on January 1st, 1994?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Severns.

0n January 1st: 1994, it would be fifty-two and a half million 84  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23, 1991 as a one-time deal. Your -- your amendment last Week, or earlier this week, that -- that Was defeated, that would have lifted that two-year period, I -- I can understand, given the State's fiscal uncertainty, but the reality is, I think the hospitals have been more than graclous in looklng at the State 's Medlcaid prices and offering to assess themselves for a two-year period: these dollars to help the State in this critical time. think it would be wrong of us to expect the hospitals to bail the State out for a crisis that they didn't createy that they didn't cause, but they are suffering from because of our failed program.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.

Well, I -- I think the Illinois Hospital Association, even at one point suggested it might be two hundred million, but one final question. If We pass this, and now, you know, you will sunset and you will fall away from this, is there any is there any feeling that the IHA and our hospitals would consider dropping their lawsuit that theydve got against the State so maybe We could make out on that front?

PRESIDTNG OFFICER: (SENATOR LECHOWICZ) Senator Severns.

Thank you, Mr. President and Senator Topinka, Members of the Senate. Obviouslyp when when meet with the Hospital Association and we discuss legislation, we're not dlscussing - as I would think it would probably be înappropriate to discuss lawsuits, but the reality is: the premise of the lawsuit is the very crisis that welre trying to -- to address through this bill. It Would seem to me that if We could relieve the pressure that SB500 attempts to do# that we also hopefully would relieve the need of a contending lawsuit. But ls there any commitment of 85  STATE 0F ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 that? No. Was is discussed in that direction? No. PRESIDING OFFICER) (SENATOR LECHOWICZ) The Lady from Adams: Senator Donahue.

Thank you, Mr. Presidente Ladies and Gentlemen of the Senate. I rise in support of Senate Bill 500, and I do so because in downstate Illinois We have a different problem than they have in the more metropolitan areas. A third of the hospitals are the sole providers of a full-service health care: and the difference in their day rates for public aid patients is considerable. In fact, one of my hospitals in Rushville has a per-day raee of three hundred and fifteen dollars, and thirty miles away, in the City of Macomb' the hospital there has a per-day rate of about four hundred and eighty-four dollars a day. And that's only thirty miles apartz and I think that the hospitals, as other industries within this Statee have been asked by this Body, and said, ''Hey, we've got a problem. We don't have the money to pay you what We owe you,'' and they have gone about trying to help a situation that's very difficult. They go* together and they put forth an idea, and think this idea has merit. It may not be the best solution at the moment, but itfs an idea, and We ought to keep it rolling. And I rise in support.

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

Thank you very much, Mr. President, Members of the Senate. Senator. applaud you and -- and the Illlnois Hospital Association and others for moving in this direction. think many of us have been a:onizing for almost years noW over our problem in Medicaid. I've got a couple of questions I'd like to ask you. It is my understanding that -- that the industry has to be either all in or al1 out. Either we accept this as an industry 86  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 or -- or not. Is that correct? Hospitals can't pick and choose.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Severns.

- - that's -- that's a new issue to me, Senator Maitland. IIm not -- do you want to elaborate a llttle, please?

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

My greater -- my greater concern is, and I'm concerned about the long-term health care industry, too, and -- and hoping to be able to address their concerns and needs down the road as well, and -- Ilm told by by some that if they move in this direction as Well, the industry has to be a1l in or a11 out, and I -- if you don't know the answer, that's okay; we can find that out at -- at a later tlme. But I pose that as a -- as a concern. Secondly and I think this is a concern shared by probably every person in this Chamber - as this -- as other states are doing this - we have some six or seven states involved now - the federal cost is obviously going to become greater and greater al1 the time. And -- and my fear is, of course, What happens to Illinois, and I think Senator Topinka briefly touched upon this, but we would be in a terrible fiscal dilemma if the feds back away from this. And I -- I just merely mention that as a as a concern that I have.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Cook, Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. As the co-sponsor of this bill, I obviously urge your support. But something to keep in mind that we often forget in Springfield: there's a mentality that pervades this General Assembly that feels that any underfunding is a savings. We have reached a point in Medicaid in Illinois today in 87  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legkslative Day May 23, 1991 which the underfunding is greater than the reimbursement, Which means that the costs are belng absorbed that are greater than the total costs that are being reimbursed. And we a11 know What happens. We are now turnin: people away from hospitals. We are not serving people. We are either absorbing those losses or shifting them to somebody else. That is why the Hospital Association agreed to share some of the additional reimbursement they would receive and ratchet it upward as an investment for a matching fund - hopefully to bring us closer to the reality of accepting the responsibility of paying what wefre gettin: for, rather than shifting it over to somebody else. urge your support for this bill.

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

Mr. President and Ladies and Gentlemen of the Senate. As long as the hospitals are willing to contribute, and there is a dire crisis, let's not kid ourselves. I've :ot three hospitals right in my district. think we should -- ke should support this bill and get it out. Letds see what we can do. It's at least a step in the right direction, and I support

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

would just urge a favorable vote to What believe is a ratlonal plan toward a serious crisis. Thank you.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 500 pass. All in favor, vote Aye. A1l opposed, vote Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Please take the record. On this question, there are 57 Ayes, no Nays: recorded as Present. This bill, having received the constitutional majority, is hereby 88  I I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ; : 32nd Legislative Day May 23, 1991 declared passed. Senate Bill 5-0-7. Senator Watson. 0ut of the record. 512. Senator O'Daniel. Read the billz Madam Secretary. SECRETARY HAWKER: Senate Bill 512. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Jefferson, Senator O'Daniel. SENATOR O'DANIEL: Thank you, Rr. President, Members of the Senate. Senate Bill 512, as amended -- the amendment really becomes the bill, and what it does, it exempts from the ICC jurisdiction motor vehicles transporting live -- livestock from farm to farm market, and from farm to farm, and from market Eo farm, as long as the vehicle doesn't have a gross Weight of more than twenty-eiqht thousand pounds. This bill was on the Agreed Bill List and we pulled it off to put an amendment on it, then decided not to. I think everyone's in support of it. Department of Transportation, the Midwest Truckersy Farm Bureau and a1l of them, and Idd ask for a favorable vote. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill 512 pass. A11 in favor, vote Aye. A11 opposedy vote Nay. The votin: is open. Have all voted Who Wish? Have all voted who wish? Please take the record. On this question, there are 56 Ayes, no Nays, none recorded as presenk. This bil1, having received Ehe constitutional majority, is hereby declared passed. The Lady from Cook, Senator Smith, what purpose you seek recognition? Senator Smith, your light's on. A11 right. Senate Bill 520. Senator Macdonald . Please read the bill, Madam Secretary. SECRETARY HAWKER: Senate Bill 520. 89  ! i I STATE 0F ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Cook, Senator Macdonald. SENATOR MACDONALD: Thank you, Mr. President. Senate Bill 520 has been the object of widespread examination over the past few weeks, both in committee and on the Floor of the Senate during *he 2nd Reading . First, it is necessary to explain exactly what the bill provides now that it has been amended. This bill basically provides that parents are allowed their inalienable rights to guide their children's best educational interests as they perceive them . This permits parents to request nonparticipation for their children regardinq school materials that they feel are contrary to sincerely held religious or moral beliefs. Written request of at least one parent, who must state the reason for such a request, is required to exempt children from participation in these programs. Instructional materials used by a public school must be available . . for inspection, before and durin: their use, during the'hours that a school is open. Instructional materials are al1 printed or unprinted instructional materials, teacher's manuals, films, tapes, other supplementary materials. This point is to clarify legislative -- at this point I want to clarify legislative intent that this Section does not require teachersl personal notes created for their oWn personal teaching purposes. The bill also provkdes that whenever a school board adopts instructlonal materials upon recommendation of an advisory committee, having members select -- which were not elected to school board members, or upon the recommendation of the school superintendent or other school administrators, who refers to an advisory committee to review and recommend instructional materials, no less than one-third of the committee -- of the advisory committee shall be 90  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 parents of children attending a school of the district with no finaneial interest in the district. A person is defined as having a financial interest if they, their spouse, parent or child is employed by the school district. No person shall serve upon an advisory committee until approved by loeally elected school board members. Fellow Senators, this bill is not an indictment a:ainst any school district or any school administration or group of administrators in this State. Instead, it is a bill that gives parents an expanded partnership in our educational system. I have deleted all of the eivil action originally contained in the bill. I have removed the requirement that public libraries have available instrument -- instructional materials of the school districts, and most importantly, have removed the parental permission requirements to view films having parental guidanceg to avoid the labeling of censorship in this bill. Education at the end of the 20th century is under substantial scrutiny, and under substantial criticism in this nation and in this State. During the last Session of our own Illinois General Assembly, the Illinois Manufacturers Associatlon crafted a bold and far-reaching bill that would have superimposed a layer of additional supervision over our existing school administrators that would have had far-reaching powers. I felt that the bill kas unacceptable and exerted too much power over our school systems, and so I voted against it. The increasing demand for a voucher system for all schools is alive and Well, and because am receivinq for the passage of such legislation, is growing in kntensity at this particular Session prosresses. The President of the United States is strongly advocating tbe version of a voucher system for the entire nation. In fact, the mayor of the City of Chicago just last week Warned the Chicago school system that they either should have -- get their problems straightened out or that they, too, Would have the voucher system imposed on them. 91  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Property taxpayers are crying out against crippling taxes that go, for the most partz to our Illinois schoolsy that they claim seem to only express greater and greater needs for more and more money. also like to read part of an article that appeared in a newspaper in the Chicago area last Friday, and is a new - entirely new - concept and educators and probably a threat to educators throughout the nation. This is the Whittle plan, and this plan was announced Thursday by Whittle Communications Incorporated to develop a chain of private for-profit schools that sparked controversy over the role of commercial interest in the classroom. END OF TAPE TAPE 3

The media company hopes to have a hundred and a fifty thousand students enrolled in two hundred schools by the fall of 1996. chairman chris Whittle said his company will make the initial sixty-million investment to hire a hundred experts Who will spend five years reaching and designing the new schools. Whittle also said that he will -- looks for corporate investors to put in another 2.5 billion and open the first two hundred Whittle Schools by the fall of 1996, with a hundred and fifty thousand of the youngest scholars ages one to six. In in being advised of this particular plan, American Federation Teacher President, Albert Shanker - for whom I have a great deal of respect - said that this plan held both promise and peril. It is because of the foregoing reasons that -- of threat to education that I sponsored Senate Bill 520. In this very Senate Body, the cornerstone of our own Chicago School Reform Package was greater involvement by parents 92  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 in the Chicago School System . When I arrived in my office on Monday, I found the latest issue of the Illinois School Board Journal, whose very first article addresses the need for more parental input in our schools. The article is by Faith Behr, who is the community relations coordinator of Lyons Township High Sehool, 204, and a member of the Board of Illinois Chapter of the National School Public Relations Association. I certainly Wi11 not take time to read this entire article, because a11 of you have it on your desks, I'm sure, but I will read a part of what Faith -- Faith Behr states in the beginnin: of her article. She says, quote, ''At no other time has school suffered from a greater lack of public confidence and at no other time have there been fewer families associated With school. That is why it is paramount for public schools to strengthen community relations with their public's parents, nonparents, and the business community alike. Communicating regularly and frequently with the community and opening up the doors to the public demonstrates that the schools' business is the public's business. Perhaps more importantly, it shows that the school cares and is willing to listen and respond to the public.'' She goes on in her article to tell What is beinq done in her sehool district. Ladies and Gentlemen, Senate Bill 520 expands parents' partnership in our schools. One-third percent of the curriculum advisory committee is not a controlling number; it isn't fifty-one percent. And the parents would be chosen by the same local administrators who chose the other committee members, and those parents kould further be approved by locally elecEed school board members. What could be more fair? What better message could we send to the restless taxpayers and others in a community throughout this State? I strongly support local control of our schoolsy and f will continue to ffght for that premise. Senate Bill 520 is not censorship. It is no* retribution. It is simply legislation that allows a greater 93 l ! I  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 latitude for parents to assume tbe important role of guidance and participation in their oWn children's education and destiny. urge your support for this important bill.

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

Thank you very much, Mr. President and Members of the Senate. I would like to set some legislative intent, if the sponsor would yield for a couple of questions.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Indicates she will.

Senator Macdonald, does -- is there anything in this bill that mandates that an advisory committee must be set up in all school districts, such as Was expkained in the -- in the bill?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Macdonald.

No, there are no such mandates contained .in this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell.

I'd also -- you said that the materials can be reviewed by the parents during school hours, but you took out libraries because not a1l school -- schools have libraries. Is it your leqislative inken: that ehe local adminëstratëon and a11 the -- and/or the school boards will set up the rules and regs and where the materials may be reviewed in their schoolsy so that the classes will not be disrupted?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Macdonald.

94  ; STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ( i 32nd Legislative Day May 23, 1991 Obviously that is the intent, Senator Fawell. Senator Etheredge, in committee, had a problem with our stating that the material should be available in school libraries, simply because many schools do not have school libraries, so it will be up to the local administrations - that is the district administrations - and the school boards to set up the guidelines for how the materials are to be viewed; they just simply are to be available durlng school hours, but it will, of course, have to have -- be regulated by the administrations. PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Winnebago: Senator Holmberg. Holmberge please. Want to try ity Joyce? Why don't you use Jacobs' mike, please. Senator Jacobs' mike. Senator Holmberg. SENATOR HOLMBERG: Thank you, Mr. President. I think many of you have been lobbied on Senate Bill 520 over the past several days - maybe over the past several weeks; I know I have. Many of you were not in Edueation Committee When we first heard the bill. I think a . . little bit of background might be helpful. 'It Was interesting to note for a1l of us that the two proponents who spoke on the bill, were not from Senator Macdonald's district, where she has stated this problem emerged. Khen I questioned the tWo proponents, one said he was president of the Rutherford Institute in the small town of Washington, Illinois. The other Woman Who testified Was from a small town near Peoria, Illinois. When I asked if they had children in the public schools, b0th of them replled khat they did not. It seems to me - and I have been a parent coordinator for the Rockford public schools - that parents ought to be involved. But private school parents should be lobbying their private schocl boards. Public school parents should be lobbyin: their local public school boards. But private sehool parents should not be dictating public school curriculum, and certalnly not two and 95  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 three hundred miles away. If they do# then they should allow public school parents to come lnto their buildings and help khem decide their private school curriculum. think the very title of this bill the Parent and Student Civil Rights Act - imposes on the teachkng profession. Teachers need to be certified. They need to be educated to do their jobs. They are evaluated on a yearly basis and we put our confidence in them. By stating that parents and students are havinq their civil rights violated is a bad title for a bill. To ehe bill itself: our teachers are trained to do their job. Each district loeally has its own elected board. Curriculum committees are already in place in each of these distriets. Letls 1et our local districts do their job. What kind of hidden agenda is it, khen people come from a11 over the State of Illinois to lobby on a perceived local issue? Let's keep that local issue Where it belongs, back in that individual district, and 1et them work on it as they have been working on it, and are resolving it.

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

Mr. President and Ladies and Gentlemen of the Senate, this is a local issue, and I've got a hundred letters from parents in my district who send their children to public schools and are very much interested in having -- to have a right to look into certain matters. We've had two youngsters in my district who sat in front of a train - age fourteen years o1d - and go* themselves killed. They had been listening, perhaps, to some talk about suicide. There are some classes that have been taught telling al1 about suicide. That's ridiculous. I think We should respect the right of parents, and I think we should keep in mind that more parents should be involved. When we passed the blg bill to reform the education of the State, particularly in Chicaqo think it was 96  STATE OF ILLINOIS 87*1 GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Senate Bill 73û - we allowed for parents councils -- members to be -- parents eo be members of the councils -- advisory councils. If there is no advisory council, the school board Will do what it has to do. I think it's a good bilt. I think we should respect the right of parents to be involved in their children -- with their children. They should be involved With their children. Children cannok do it alone. And I think itfs only fakr to support a bill like this and 1et it get out of this House. Let': support it. We do believe in parental rights, do we not?

PRESIDING OFFICER: (SENATOR LECXOWICZ) The Lady from Cook, Senator Alexander.

Thank your Mr. President. I believe in total parental riqhts. And I also believe in order to make a well-rounded child thae that child should be exposed to many things in our culture as they grow. They should hear about Witches and haees. They should hear about the Holocaust. They sbould about my strugqle for civil rights. hnd if this piece of legislation passes: those chtldren are gotnq to be denied of learning some of these things I just enumerated. I think the parents have a right to know What their children are being taught: but not dictate to the sehool system what it is. I think if they find something offensiver as it was kn my childhood coning up# my parents told me the difference of what I was being taught in school. Are We not noW trying to do two things - limit our -- saylng that we are goin: to be real gaod parents, but at the same time not allowing our children to have the rounded education that they need to meet these challen:es today? This is a bad piece of legislation. It should not pass out of here.

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

97  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Thank ycu, Mr. Presidentg Ladies and Gentlemen of the Senate. Really# this bill is a -- an interesting debate, because the debate has very little to do with the bill. The bill is a very simple bill, as amended. The original bill admlttedly was more complex and Was more controversial. If you actually look at this bill - not khe debate - take a look at the legislation, really says a couple of things. First of all, it says the parents do have the right to review what their what their kids the students are lookinq at. Remember those parents who pay for that school, have a right to look at it. In many plaees that's not a problem, but I will -- I Will tell you, and you know: there are certain sehools where is very hard to 9et to see the curriculum materials that are used. This guarantees the parents see it. It doesnft say the parents can refuse to have this material used. It doesn't say that they have some right to dictate It's just says they're goin: to see and there should be a council Where the parents have input. That's one phase of the bill; and when you say that the parents Who pay for the place don't have a right to 'review the curriculum and see what it is, you're missing something. The second phase of the bill has to do with parents having a riqht to exguse their children from thinqs that they feel violate their religious tenets. This is the most simplistie First Amendment Right Bill we have dealt With in the thirteen years I have been in the Senaee. We had a superintendent - a decent man who runs a decent school system. I'm not insulting him or questioning his judgment in most issues. But he sat there and said to us, essentially, you have a right to education, except from eight in the morning till -- or a right to religious values, except from eight in the morning until four-thirty in the afternoon. That was the most unique interpretation of the Pirst Amendment I have ever heard. He saidr ''Xou do not have a right to religious values when you are in 98  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 school. z. as a superlneendent, will tell you what your reléqious values are.'' While I tried not to be overly aggressive with the gentleman, that was one of the most orfensive statements have ever heard. The First Amendment of the American Constitution has been interrupted rather broadly - sometimes people would allege too broadly - in certain areas. But to sày that parents and kheir children have no rights in terms of protecting their religious freedom in a public sehool systemz is as offensive an argument as I have ever heard. And I would ask you to remember: don't worry about a11 thîs debate; don't worry about all the side stuff. Take a look at this fairly simple bill that says parents have a right to review this material and that tbeir religious freedoms will be protected, even in a public environment in a school system that they are paying for. We need to say that those religious freedoms will be protected. IIm in strong support of the bill. If you actually look at the bill, you Will see that it is a ltmited bill that deals with a very realistie problem and solves it a fairly minimum -- minimal effort.

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

Why, thank you, Mr. President and Members of the Senate. If this is a very slmple bill, then I've never seen a complicated one. Let me let me talk about it, because not withstanding everythln: else that has been said, this bill Will cause ehaos in the schools, because it's just not Workable. Senator Keats and Senator Macdonald: this bill eannot work, and let me tell you why. Pirst of all, if you allow the school's boards the discretion to appoint this advisory eommittee to review curriculum - as you said slaps rlght in the face of those school districts like the Chicaqo school districts, whieh have created the local school councils khrough the electoral proeess, which would -- which has 99  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23w 1991 currlculum committees and have the authority to review curriculums and have input into curriculums and curriculum materials and designs. What you could do -- if the school principals or the school boards don't like - or candt work with this qroup, then a1l they can do is establish thelr own, because you give them the discretion to do this -- is to set up their own committee of their own task force and then they would be the people in confliet with this other group of people. That makes absolutely no sense at all. And Senator Keats indicated that a11 ke dre talking about is giving the parent the opportunity to review. Well, what's the purpose of reviewin: if there's not qoin: to be any action? But that's not true. The bill goes on and talks aboue written consent. If, in fact, that because it's going to be based on each individualts parents objective reasons or their own individual religious concept of what is good and what is bad, it's going to be subjective. So tbat each parent then can -- can, by Written consent, dismiss and rejeet I mean dismiss their ehlldren from seeing something in the class every day. So that at some point, you cqpld end up, almost, with no children in the classà because if I think something is objectable <sic> and another parent thinks it not objectable <sic> and then it goes on and on and on and on# and so there will be no children in the class and the teachers would be spending al1 of kheir time trying to find materials that's acceptable - and probably never will find materials that's acceptable - in order to earry on and educate -- and try and teach the children. I ehink tbls is a bad concept. I know What you bre tryin: to do; you dre trying to respond, as many of us have tried to do, to a problem in your school dlstrlct. But senator' you do not need to -- make this thing across the State of Illinois and causing hardship for a11 the school districts, simply because you got a problem at this point...

PRESIDING OFPICER: (SENATOR LECHOWICZ) 100  STATE OE ILLINOIS 87th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23y1991 1 Lady bring her remarks to a close? SENATOR COLLINS; .. o and you're unable to Work it out. I would just ask a1l of you to vote No on this bad, bad bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Champaiqn, Senator Weavery please.

Thank you, Mr. President. I think at thls point in tlme it's about time that you invoke the Donnewald Rule and we move on and 9et thts Calendar cleaned up.

PRESIDING OFFICER: (SENATOR LECHSWICZ) Any objection? Hearing none, wetll invoke the Donnewald Rule. Senator Macdonald, to close.

Thank you, Mr. President. In closing, I Would like to address two points made by two of the previous speakers. First of all, I kould like to respond to Senabor Holmberge who objected to the two witnesses that did testify. By rule of khe eommittee, the chairman - and justifiably so, because the room was full of -' parents from all over the State of Illinois - recommended that there be two proponents and two opponents selected to speak to the bill. Because indeed there ts a controversy that exists within several districts in my -- in my Senatorial district, I deliberately-becausetherewere--therewereadministratorsand t there were parents there Who had been in conflict in my district - ) I deliberately chose because this is issue is a Statewide issue. It is not a local issue in my schools. The issue of parental involvement is an issue that prevails in all of Illinois. So I selected people that I felt had a right to speak up. The lady who *as the school board member, Gerti Mclntyre: is elected by the people, regardless of whether ber children are or are not in public school. She WaS elected to the school board by the ! l0l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : 32nd Legislative Day May 23, 1991 1 I 1 I electors of her area, and I don't think that any of us have any 1 1 right to be telling them who they should or should not elect. The 1 1 1 other gentleman is a very well-known eonstitutional lawyer that I 1 thought could shed some very real light on this particular piece 1 1 of legislation. So Senator Holmberg, that's why those two 1 1 1 witnesses were ehosen as they were. sow senator collins, what I I I would like to say to you is that sixty percent of the Chiaago 1 1 School Council are parents. What is qood for Chicaso may also be very good for tbe rest of Illlnois. And I also Want to say, 1 Senator Collins: that this bill does not require - Senator Fawell asked the question - this bill dces not require any neW commlttees to be set up. It merely says that where sueh committees are set up by the administration or school boards of a distriet, that such committee shall contain one-third parents. This is not fifky-one 1 percent. This is not fifty percent. This is not forty percent. This is anly one-third. This means that parents,you have input j 1 into your schools. I don't think there'sanything so radical 1 about that idea. Now, in closing, I would also like to thank the I parents from al1 over this State that have come out in hundreds to support Senate Bill 520. Their petitlons, tbeir phone calls, their personal trips to lobby in Springfield, have all been deeply I I appreciated. Iknowthattheeducationalccmmunityhascpposition I 1 to thks bill,and what a great eountry is ours: that lets us speak 1 freely to issues on whieh we have strong opinions. My strong 1 j 1 opinâon is that it is time to join public opinion and pass Senate Bill 520. #r. David Swift and Mr. Riehard Baker Were on WLS Talk Radio Show very recently, and they Were talkinq about the impression series. The callers Were asked, and I quote - this is what they were asked - ''Should parents be involved in eurriculums selection?'' Ninety-two percent of the callers who called between eleven a.m.and sixp.m.saidyes. Inthe first hour -- Staey 1 Taylor -- Taylor asked... 1 I 1O2 !  STATE OP ILLINOIS 87th GENERAL ASSEXBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23e 1991

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse mey Senator Macdonald. Excuse me, mafam. Exeuse me. Your attention, please. SENATOR MACDONALDZ ... and there were thirty-to-one margin of callers who said Yes. I ask you to vote for this bill, on behalf of the parents of this State. This is a bill whose time has come, and I would ask for your Yes vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill 520 pass. A11 in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a1l voted who wish? Yes, sir. Eave all voted who wish? Have a1l voted who wish? Please take the record. On this question, there are 25 Ayes. 29 Nays, 1 reeorded as Present. This bille havtng failed to receive the constitutional majority: is hereby deelared lost. 524. Senator Macdonald.

Postponed Consideration.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady asks leave to postpone consideration. Hearing no oblectiong 520 is postponed. 524. Senator Dunn. Ralph Dunn. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 524. (Seeretary reads title of bill) 3rd Reading of the bill. PRESrDING OFFTCER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Kelly. What purpose you seek reeognition? Kelly.

Yes. Thank you, Mr. President. I rise on a point of personal privilege. 1û3  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OPFICER: (SENATOR LECHOWICZ) State your point.

Welve 9ot a school from my distriet which is herer Prairie Hills School, and their teacher, up in the gallery on the Republican side of the aisle, and I wauld like to give them a warm welcome.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Will our guests please stand and be recognized. Welcome to Springfield. Welcome to the Illinois Senate. Enjoy your day. Senator Dunn.

Thank you, Mr. President. Senate Bill 524 is a simple bill that requires -- ealls for the use of headlights Whenever rain, snow or other atmospheric conditions require the use of windshield wipers. I checked with the State Police. I have a recommendation; they -- they are in fully support of it, and I asked theme just a few minutes ago: whether this would be a moving violation. They said no, it would be an equipment violation. It's under Sectlon 12 of the of the Motor Vehiele Code, and it Would not be a moving violation, but be an equipment violatàon. About three-fourths of the people you meet on the highway now on two-lane roads have their headlights on When it rains, but that other fourth just don'e seem to 9et around to doing it. would urge an Aye vote, and be glad to answer any questions you miqht have.

PRESTDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Rakca.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'd like to thank Senator Dunn for allowin: me to sign on the bill with him. This is a very simple bill. After driving throughout l04  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23, 1991 the states -- this bill is actually modeled off of Florida, who beeauEe of the blinding rainstorms and problems that they have. Every time that Windshield wiper's onr you have to have the headllnes on -- or *he headlights on. Seems like a reasonable idea. Most -- at least most of the drivers in the State of Illinois do put their headlights on When the windshield Wipers are on, but not all, and this Would just say that everybody has to do It's a good, safe idea, and I just ask for an Aye vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Schaffer.

Well, Mr. President, I obviously don't understand khis billw beeause based on the information I have, you can be driving down the road, kind of a lightly overcast day with plenty of daylight, and you get a lighk mist rain kând of going, and some squad car pulled alonqside the way - who may not be having as good a day as you are can nail you with a ticket. Yeah: you turn your Windshield washers on, I guess, you know. don't -- meanz obviously, in a' downpour - and it's dark and cloudy - yeah, you ought to have your lights on. 3ut this says When it's raining, you should have -- automatically have your lights on. don't thànk the average Illinois citizen is going to understand this law, until they see the lights flashing in the back windoW. don't know how you -- obviously you ougbt to have your lights on When it's dark, buk when not dark, it doesn't make sense to me to require people to have the lights on. If 1 interpret this bill correctly, in summation, I would have to say this is goofy.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Yeah, but they're too young ko drive. Senator Raica .

Yes. I llke to thank Senator Schaffer's fan club from the gallery: but I Would just like to remind the other side, Senator l05  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Schaffer is against this bill, and it's a perfect opportunity for everybody on that side to vote for the bill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Further discusslon? Senator Dunn, to close.

Thank you, Mr. President. I don't know about the goofy definition of ''dark.'' don't know what Hdark'' means. Is it lkght qray, overcast? But I want it to be understood that the bill says ehat atmospheric conditions would eause the snow to fall, or other atmospheric conditions. Not turning your windshield wipers on to wash your windshield and then having to turn your headlights on for that. You know, this a bill tbat the State Police recommended. It's -- it's in survey of about thirty states. We found that Connecticut, Minnesota and New York have these laws: our staff says -- found in Plorida, Georgia, Rhode Island and Tennessee, also have laks such as this. I think it will be a law in the nation Someday. If you want to vote àbr it today, fine; you dondt, why wefll Wait till another day. I'd urge an Aye vote on the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is# shall Senate Bill 524 pass. A11 in favor, vote Aye. A11 opposed, vote Nay. The votin: is open. Have al1 voted who Wish? Have all voted who wish? Please take the record. On this question, there are 16 Ayes, 36 Nays: none recorded as Present. This bill, having failed to receive the constitutional majority, is hereby deelared lost. 542. Senator Maitland. Please read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 542. (Secretary reads title of bill) 3rd Reading of tbe bill. PRESIDING OFFICERZ (SENATOR LECHOWICZ) Tû6  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 32nd Legkslative Day May 23, 1991 Gentleman from McLean, Senator Maltland. SENATOR MAITLANDJ Thank you very much, Mr. President, Members of the Senate. This does deal with tbe FOID card, and it adds one more eategory, kith which the State Police can consider the possibility of granting a POID card. And that's With a gubernatorial pardon -- wieh a gubernatorial pardony and we have narrowed this language to not allow consideration for a convlcted murderer or a Class X crime. I would be happy to respond to any questionsf Mr. President.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion?

Thank you, Mr. President. Is Senator Schaffer still ln the hall?

PRESTDING OFFICER: (SENATOR LECHOWICZ) He's right in front of you.

Senator Schaffer, found another one that's just as goofy. This little gem says now we can give Firearm Owner Identification Cards to convicted felons. Isnlt that niee? The IRA or the NRA or Whoever they are -- they are in favor of this one, too. I tell you what - this one ought to :et the same fate as the last One .

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Maitland to -- Ifm sorry. Senator Joyce.

Nell, I rlse in -- in suppor: of this bill. think àt applies to one particular situation, as I recall in the committee hearing. and I think the language of the leqislation, as I recall, requires a pardon of the individual prior to a consideration, which I believe was discretionary as to whether tbe card should 1Q7  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 issue. So, I -- I would not categorize lt ehe way that Senaeor Schaffer chose to categorize the previous bill.

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

Well, thank you very much, Mr. President, Members of the Senate. Senator Rock and I see youdve left the Ploor - but quite frankly, I'm shocked at your comment. First of all, I -- lt is discretionary by the State Police, and -- and this -- to get a gubernatorial pardon - as you al1 know qoes to the Prison Review Board and then it is either granted or not by the Governor. In the ease that -- if -- in a particular case where the pardon is granted -- granted, then the State Poliee have the right to consider, based on the evidence, khebher or not this person nay or may not receive a FQID card. There are unusual circumstances, and Senator Rock, you and many others on this -- in this Chamber talk about compassion and concern for people. This particular case and there are many more like it - affected a young man who 1as drawn into a sleuation - has paid his debt to society - an oukstanding citizen, and I think we ought to give him the consideration of the opportunity to have a FOID card. And would seek your support.

PRESIDING OFPICER: (SENATOR LECBOWICZ) The question is, shall Senate Bill 542 pass. All in favor, vote Aye. A11 opposedr vote Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Please take the record. On this question/ there are 22 Ayes, 30 Nays, l reeorded as Presenk. This bill, having failed to receive the constituttonal majority, is hereby declared lost. Would you please turn to Paqe On Page 7 is 569. Senatar Hudson or Philip. 570. Qut of the record. 58B is coming baek for an amendment. 598, I believe, is eoming back for an amendment. 617. 1Q8  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 Senator Joyce. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRX) Senate Bill 617. (Secretary reads title of bill) 3rd Readin: of the bill.

FRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Joyce.

Thank you, Mr. President, Members of the Senate. I am trying to achieve with this legislation is to brin: ko the attention of the education community the Waldorf System. I have passed out information to each Member on this. The only objection whtch was raised in committee - as I recall had to do With the cost involved here. There is a fàscal note filed indicating it would be fifty thousand dollars. I am proceeding via b1ll rather than resolutiong because I think the impact of this would be stronger, and I am saying to this Body at this time, that I Will not seek an appropriation during this Session. So with that, and with those representations, I Would ask for your support on SB6l7.

PRESIDING OPFICZR: (SENATOR LECHOWTCZ) Is there any discussion? Gentleman from Perry, Senator Dunn.

Thank you, Mr. President. With my reeord , I'm not sure should speak against this bill. But this is a bill that was heard in our Higher Education Committee and it's -- it's -- donft think lt really should be mandated. It should be a requirement of the State to do this. I think it's probably a qood program. It's one that has been in private schools, it's one that eertainly should be looked at, but the cost of what it would costy I know it would cost at least fifty thousand dollars at least to set up the program and then if they implement it4 lt would be a lot more than that. just think itfs a good idea, but it ought to be 109  STATE OF ILLINOIS 1 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23w 1991 ' I I pursued tn the private sectory and that's What it has been. We a1l got a handout - shows it has great success, but it also is a I very costly program. I think right now is not a good time for it, 1 and I'd urge a No vote. Thank you. PRESIDENT ROCK: Further discussion? Senator Joyce, ko close. SENATOR J.E. JOYCE: I've -- I've just been handed a sheet on this, Which would indicate that BHE said it would require no new dollars on this. So with that, again, I would ask for your support. PRESIDENT ROCK: Question is, shall Senate B:l1 617 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. A11 voted wbo wish? Have a11 voted Who wish? Have a11 voted Who Wish? Have a11 voted who Wish? Take the record. On that question: there are 49 Ayes: 6 Naysy 1 voting Present. Senate Bill 617, having received ehe required constitutional majority, is declared passed. 634. Senator Joyce. 641. Senator Watson. Read the bill, Mr. Secretarye please. ACTINC SECRETARY: (MR. HARRY) Senate Bill 641. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Watson. SENATOR WATSON: Yes. Thank yoù, Mr. Presldent. Amendment No. 2 now becomes the bill, and Amendaent No. 2 would allow a school board in a particular high school district to exempt, or excuse students who participate in marching bands for credit, from the physical education program: the idea of thls being thak marching band is a very serenuous activity. I am sure those of you who have been in i 11Q I 1  STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT I 32nd Legislative Day May 23, 1991 1 l I marching band realize that. It's -- it's a endeavor wbich I 1 I oftentimes the students are required be -- before schsol, after I I school, on weekends, and slmply we'd like es give them an ) I I opportunity to -- or proeeed with possibly otber courses of I I interest and allow them to be exempted from physical education. ! I I The student has to also ask for that. So I'd be glad to ansWer @ I ! any questions, otherwise appreciate your support. I I I PRESIDENT ROCK: I I f Discussion? Senator Geo-Karis. I 1 I SENATOR GEO-KARIS: j I sponsor yield for a question? 1 I

f j I Indicates he will yield: Senator Geo-Karis. I I

I Senator, then under your bill the students, by doing band I practiee, will 9et just as much exercise. So isn't that about it? 1 I

Senator Watson. SENATOR WATSONI ' ' I didn't hear the question. I beg your pardon.

senatorceo-xaris: 1 1 r SENATOR GEO-KARIS) j I Under your bill, if theydre in band practiee, they'll probably I 1 9et as much exercise as if they uere in another physicat education program. Isn't that riqht? PRESIDENT ROCK; Senator Watson.

Yes . 1 I I PRESFurther IDENTROC K: discussion? Senator Madigan. ? I 1 I 111  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 SENATOR MADIGAN; Tbank you: Mr. President. Queseion of the sponsor.

Indicates he'll yield.

Do students ehat are in marching band, and I'm sorry, should have asked this in committee, Senatot: do they get any academie credit for beinq ln aarehing band - are they enrolled like in band on thelr curriculum?

Senator Watson.

They wil1 be under ''band.'' Yes. And thatls spelled out in enis amendment; they have to be in the band program reeeiving credit. We tried to tiqhten it up, Senator, because there was some eoncern in the in the comalttee as to who would be eligible for this exempeion. And what we tried to do is elghten it up, buk those -- those individuals who are enrolled in band and receivinq credit for band would be the only ones who'd' be given the opportunlty to be excused.

Senator Madigan.

So the follow-up question then, as I recall in the committee, we were trying to give them -- afford them the same privilege as ke do athletes who 9et exemptlon from P.E. durlng the -- durinq the sports season. But now are we not then giving them sort of double credie? In other wordsr they're theyfre getting the credit for the band -- the -- the sports participants are doing -- are getting tbe P.E. exemption while they are out for sports. Now P.E. is required, so I'm kind of confused. Are we are we trying to give them double credit here? ll2  STATE OF ILLINOIS 8?th CENERAL ASSEMBLY REGULAR SESSION SENATE TRAHSCRIPT 32nd Legislative Day May 23e 1991

Senator Watson.

Certainly isn 't the intent to give anybody double credit. What we are just sinply saying is that those students - and we do allow this, not only for athletes, but also for those students enrolled in the -- in the Junior and Senior year who want to pursue college-bound courses - we allow them to be exempted from physical education also. So that's -- that's the intent here, is just to simply give those kids who are involved in marching band an opportunity to possibly take anoeher course that might be available.

Further diseussion? Any further discussion? If not, the question is' shall Senate Bll1 64l pass. Those favorr vote Aye. Opposed, vote Nay. The voting is open. A1l voted kho wish? Have al1 voted who wish? Have a11 voted who klsh? Take the record. On that question, there are 45 Ayes, 4 Nays, l voting Present. Senate Bill 641, having received khe required eonstitutional majority, is declared passed. 645. Senator Dunn. Read the bill, Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRY) Senate Bill 645. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Dunn.

Thank you, Mr. President. This bill eame êrom the Elementary and Secondary Education Committee. We had testimony from a school superintendent in my district and Erom a teacher. I've amended the bill so lt only applies to Freeburg, Illinois. I would urge  STATE OP ILLINOIS 87th GENERAL ASSEMDLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 an Aye vote. 1'11 be glad to answer any questions about it. PRESIDENT ROCK) Discussion? Any discussion? If not, the question is, shall Senate Bill 645 pass. Those in favorz vote Aye. Opposed, vote Nay. The voting's open. Al1 voted Who Wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 53 Ayes, l Nay, none voting Present. Senate Bill 645, having received the required constitutional majority, is deelared passed. 656. Senator Marovitz. Read the bill, Mr. Seeretary, please.

ACTING SECRETARX: (MR. HARRY) Senate Bill 656. (Secretary reads title of bi11) 3rd Reading of the bill.

Senator Marovitz.

Thank you very iuch, Mr. Presldent and Members of the Senate. This is a technical -- really clean-up blll. We passed the bill last year, havinq to do with attorney's liens and some clarifying language was needed. Ik doesn 't change the substance of the law and just puts -- puts the attorneys in the same position as everybody else when they file a lien and there are creditors.

Discussion? Senator Keats.

I rise in support of the bill: but just to clarify that, a question had been raised that it appeared -- and Senator Marovltz said this is a technical bill, and When you read it you'll realize you haven't the faintest idea what it's saying. But what -- the point they were tryin: to make was that lt had been misinterpreted that that attorney's lien would then be seniored to every other  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23, 1991 I lien in -- that was not the intent, and I was just goin: to ralse I l 1 it so Senator Maroviez could explain that again - that that was I not the ineent. This is simply a lien that an attorney would have a right toe to be paid for his or her services. PRESIDENT ROCK: Discussion? Further discussion? If not, the question is, shall Senate Bill 656 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 56 Ayese no Nays, none votin: Present. Senate Bill 656, having received the required eonstitutional majority, is declared passed. 671. Senator Joyce. 673. Senator Collins. Bottom of Page 7, Ladies and Gentlemen. On the Order of Senate Bills 3rd Reading is Senate Bill 673. Read the bill, please. ACTING SECRETARY: (MR. HARRX) Senate Bill 673. (Secretary reads title of bilt) 3rd Reading of the bill. .. ' ' PRESIDENT ROCK: Senator Collins. SENATOR COLLINS: Yes. Thank your Mr. President and Members of the Senate. This bill, as I explained, is a shell bill. We are still in the process of trying to Work out a few problems that we're having with it. I would just ask that this Shell bill pass to the House. They're goin: to send one over here, and just to keep the process flowing. So... # PRESIDENT ROCK: Discussion? Any discussion? If not, the question is, shall Senate Bill 673 pass. Those in favor, vote Aye. Opposed' vote f Nay. The voting's open. A11 voted who wish? Have all voted who 115  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23y 1991 wish? Have a11 voted Who wish? Take the reeord. On that question, there are 49 Ayes: no Nays, none voting Present -- voting Present. Senate Bill 673, having received the required constitutional majority, is declared passed. 688. Senator Jones. Read the billz Mr. Secretary, please. ACTING SECRETARY: (MR. HARRY) Senate :il1 688. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK : Senator Jones. SENATOR JONES: Yeah. Thank you, Mr. Presidentz Members of the Senate. Senate Bill 688 expands the investment authority of the downstate Police Boardr and this bill is a pension bill that deals with the subjeet of the Department of Insuranee and and many persons are involved in discussions. It is just a vehicle bill, even though it does have substantive matters in here, but it ls a vebicle bill - eo'deal With this subject matter, and ask for a favorable vote. PRESIDENT ROCK: Discussion? Any discussion? If not, the question is, shall Senate Bill 688 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have all voted who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that questionz there are 56 Ayes, no Nays, none votin: Preeent. Senate Bill 688: havin: received the required constitutional majority, is declared passed. 698. Senator Jones. 702. Read the bill. Bottom of Page 7. On the Order of Senate Bills 3rd reading is Senate Bill 702. Read please. ACTING SECRETARY: (MR. HARRY) Senate Bill 702. (Secretary reads title of bill)  STATE 0F ILLINOIS i ' 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 3rd Reading of the blll. PRESIDENT ROCK: Senator Jones. SENATOR JONES: Yeah. Thank youy Mr. President. Senate Bill 702 deals with the sunset of the Insurance Code. It -- it extends it to the year December 3l, 1992: in order to give the Insuranee Committee time to look into the Act -- that it will be sunsetting, and I know no - - know of no opposition: especially from the other side of the aisle . I'd ask for a favorable vote. PRESIDENT ROCK: Discussion? Senator Madigan. SENATOR MADIGAN: Thank you, Mr. President. And I Want to thank the chairman for his comments. However, I think we are opposed to the bill, just based upon the sunset period. We attempted, as you know, a couple days ago, Lo extend this beyond one year, and for that reason we -- we remain opposed to this, or at least I -- I remain opposed to this - 'only extending this one year. PRESTDENT ROCK; Further discussion? Senator Schuneman. SENATOR SCHUNEMAN: Well, thank you, Mr. President. ïes. I -- I think that I also agree with Senator Madiqanîs position. The Insurance Code sunsets this year and the responsible thing to do is work on that lssue this year and renew it this year, do Whatever needs to be done this year, like we do with other agency codes When they sunset. Instead of that, I think What's qoing to take place is some kind of around-the-state dog and pony show. I expect that ultimately the responsible thing will be done: but I seriously questkon whether that is represented by this bill. PRESIDENT ROCK: 117 I 1  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 Further discussion? Senator Jones, to close.

Yeah. Thank you, Mr. President. I knoW there is coneernr but we dealt wieh this issue; now there are many, many other issues, such as reapportionmentz taxes, the budget, and I don't think the Insurance Code should get involved in that, so tberefore, we will just hold it off one year, and give this eommittee and give this Body time to look at the entire Insurance Code. So ask for a favorable vote.

Question is, shall Senate Bill 702 pass. Those in favor' vote Aye. Tbose opposed: vote Nay. The voting is open. Have all voted who wish? Have a11 voted who Wish? Have all voted who wish? Have a11 voted who Wish? Have al1 voted who wish? Take the record. On that question, there are 31 Ayes, 26 Nays, none voting Present. Senate Bill 702: having received the reguired constitutional majority, is declared passed. Senator Madigan, for What purpose do you arise?

I'm sorry to risez Mr. President, but could request a verification?

That request is in order. The Gentleman has requested a verification. Will the Members please be in their seats. Mr. Secretary, please read the affirmative roll.

ACTING SECRETARY: (MR. HARRY) The following voted in the affirmative: Alexander, Berman, Brookins, Butler, Carroll, Collins, Cullerton, Daley, D'Arco: de1 Valle, Demuzio, Thomas Dunn, Hall, Holmberg, Jaeobse Jones, J .E. Joyce, J.J. Joyce, Kellye Lechowiez, Luft, Marovitz, Newhouse: O 'Daniel, Reay Savickas, Severns, Smith, Vadalabene: Welch and Mr. President. ll8  STATE OF ILLINOIS 87th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT ( I ! 32nd Legislative Day May 23# 1991 PRESIDENT ROCK l : I Senator Madigany you question the presence? 1 l SENATOR MADIGAN: j SenatorLuft 1 . I pnsslosxe Rocx: f 1 Senator Luft on the Floor? Senakor Luft on the Floor? Strike 1 I him name. f I

Senator Butler. j

Senator Butler on the Floor? Senator Butler on the Floor? Strike his name.

Senator Vadalabene.

Senator Vadalabene on the Floor? Senator O'Daniel: for What purpose do you seek recognition?

Senator Vadalabene is in the nurse'svstation and...

Request has been kithdrawn. Question the presence of any other Member?

t Mr. President.

Al1 right. The roll has been Verified. On that question, there are 29 votin: Aye, 26 voting Nay: and the bill fails. The sponsor requests that further consideration be postponed. Top of Page 8, Ladies and Gentlemen. Top of Page 8. Wedre moving rather slowly. Top of Page 8. On the Order of Senate Bills 3rd 1 I I Reading. 714. Senator del Valle. Read the bill, Mt. Secretary, j I please. j f 1 ll9  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd tegislative Day May 23, 1991

ACTINC SECRETARV: (MR. HARRX) Senate Bill 714. (Secretary reads title of bill) 3rd Reading of the blll. PRESIDENT R0C:: Senator de1 Valle. SENATGR dEL VALLE: Thank you: Mr. President. This bill was amended after neqotiations with the different parties and an agreed amendment. It permits the debtor to keep forty-five times the federal minimum hourly wage before any waqes can -- may be garnished, and it adds a return date to the Wage deduckion notice. I move that we support Senate Bill 714.

Disaussion? Any discussion? If not, the question is, shall Senate Bill 714 pass. Those in favor, vote Aye. Opposede vote Nay . The votingls open. Have a1l voted Who wish? Have a11 voted who Wish? Have all voted who eish? Take the record. On that question, there are 52 Ayes, 1 Nayz votinq Present. Senate Bkll 714, havlng received the requlred constitutional majority, is declared passed. 718. Senator Marovitz. Read the bill, Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRX) Senate Bill 718. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. Senate Bill 7l8 exempts petitions concerning orders for child or spousal support and orders for Withholding krom fees. This bill 120  I STATE OP ILLINOIS 87th GENERAL ASSEMBLX ; REGULAR sEssloN SENATE TRANSCRIPT I 32nd Legislative Day May 23, 1991 I I would allow greater access to the courts for low-ineome individuals who might have enough -- not have enough money to petikion the court for a modification of a court's order, when there has been a change in circumstances and this would be in the best interest of the children and the families involved. And I would ask for an Aye voee. PRESIDENT ROCK: Discussion? Senator Fawell. SENATOR PAWELL: Thank you, Mr. President. Will the sponsor yield for a question? PRESIDENT ROCK: Indieates he will yield: Senator Pawell. SENATOR PAWELL: This bill now is applicable to al1 counties. Is that riqht? PRESIDENT ROCK: Senator Marovikz. SENATOR FAWELL: Wel1# to the bi1l: I got a phone call the other day from the Chicago Bar Association and -- and they Wanted me to support this bill. And I told them: number one: every one of our clerks in the -- in the State, except perhaps the one from Cook: are against this and have asked me to stand up and oppose this bill. The problem kith this bill is, you knowz it sounds nice on the -- on the -- on the front; it says that if somebody comes in for a post-decree motion and -- and files foE inerease in child support, or for spousal supportz they don't have to pay the court fee. The problem is, somebody's going to have to pay it, and if it isn't this group, then lt's goinq to have to be somebody else 's -- on somebody else's shoulders. Right noW we have in this State a method that women who do not have the money to be able eo qo after their husbands for chtld support can go to their local Statefs i l21  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23r 1991 Attorney, and througb federal funding given to the local state 's attorney, can get those orders of -- for child support. And it's a good program; it's been working well. I know our statels attorney in Dupage County last year collected four and a half million dollars under this - what they call 4D Program. What this is saying is. for instance, somebody like myself, if I want to go after my ex - Which has occurred to me - then what I can do is just walk in and say, want to have an order filed.'' I have to pay the attorney's fees. I asked the Bar about that; I said, ''Is this going to 1et the Bar Association, in effect, donate the time towards -- towards these orders?'' And she said, ''No, the attorneys are going to get paid; just the clerks aren't goin: to get paid .'' I donlt think this is a good idea. think, you know, if somebody has a problem paying for the support ordersw wefve got a solution to this. To allow anybody to come in on post-decree orders and not have to pay, I tbink is a bad idea. The elerks in the -- in the State of Illinois are against thls, and I think we ought to join with the elerks and vote No.

Further discussion? Senator Dunn. SENATOR T. DUNN; Thank you, Mr. President. While I respectfully disagree with Senator Fawell, this blll probably affects women a 1ot more than i* does sen and it probably affects middle-income people a 1ot more than it affects hardsbip people who can come in and file a petition under the pauper's rule. And I would ask -- also say that there probably isn't a elerk's office in khe counties that doesn 't declare a profie eac: year and takes in a lot more *han what it pays its staff.

Purther discussion? Further discussion? Senator Marovitz: to close.  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legtslative Day May 23, 1991 l I SRKATOR XAROVITZ: I l Thank you very much, Mr. President and Members of the Senate. I Ijust want to clarify this: because there has been some incorrect 1 I J information that's disseminated on the Floor. This -- this bill 1 I only involves one particular type of petition - not al1 petitions. 1 I I Ik doesn't involve attorney's fees at all. It doesn't involve l fees that -- that elerks Will be paid for themselves. It's not going to lnjure any elerks. Nobody contacted me from anywhere around the State. This has to do With a modification for child 1 support order so that women - or men - who have to go in, because I I of a changeincircumskancesthatisinthebestinterestofthe j I child -- they -- khey may be paying a lawyer, they may be payin: I aourt costs: but they don't have to pay this, maybe forty-dollar fee. just to file the modification. Qhis is not going to 1 interrupt any clerk's office. I'vespokentotheClerkofCook 1 ? County. I've spoken to other clerks around the State. It's just 1 I going to allow people access to the courts that's in tbe best I interest of the ahild and the family. That's a1l this is. And I I J would solicit your Aye vote. I I PRESIDENT ROCK: I Question is, shall Senate Bill 718 pass. Those in favor, vote l l Aye. Opposed, vote Nay. The voting is open. Have a1l voted who ' I Wlsb? Have a11 voted who wish? Have al1 voted Who wish? Have I 2 a11 voted Who wish? Take the record. On that question, there are i l 39 Ayes, 14 Naysz 2 voting Present. Senate Bill 718, having I i received the required constitutional majority. is declared passed. I I 720. Senator de1 Valle. On the Order of Senate Bills 3rd I Reading, top of Page 8, is Senate Bill 720. Read the bill, Mr. : I Secretaryy please. : ACTING SECRETARY l : (MR. HARRY) I senate Bill 720. l ; I (Secretary reads title of bill) I I I 1 l23  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 3rd Reading of the bill.

Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. Senate Bill 720 does two things. It reduces the current cap Which currency exehanges may charge for the cashing of government beneflt checks from ninety cents plus 1.2 percent of the check 's amount to .9 percent of tbe cheekfs amount. This is identical, by the way, to New York's fee. And number two, it.adds two recipients of government benèflt checks to the Board of Currency Exchange Advisers. There are noW five vacancies on the seven-member panel, and currently three members must be from the currency exchange industry. This bill is the product of work done by advocacy Mroups, by groups interested in making sure that Public Aid recipients and otber individuals receiving public benefits are able to stretch their very few dollars as far as possible. We did attempt to negotiate with tbe currency exchange industry. We did have a meeting. In that meeting it was agreed that certain provisions of the . bill would come out. We have taken out most of the provlsions that they objected to. The only thing that's left in the bill is the ree. We eried negotiating. We did start out with seventy-five cents. We went up to the .9 percent. I think it's a falr proposal: and I ask for a favorable roll call.

Discussion? Senator Jacobs.

Thank yous Mr. President, Ladies and Gentlemen of the Senate. -- I really don't know hoW to start this oney because very seldom do I get a little upset with things that happen. Senator del Valle I had committed to Senator de1 Valle thak I kould probably vote for ehls bill, but in the interim, some thlngs 124  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 have happened which I just don't like. And one of them being is what I call politics by the press. And it appears that there's been a very good well-concentrated effort to send out one-sided issues to all the editorial staffs, which have then taken those issues - without talking to the legislator who they are are asking to vote one way or the other - with half-truths, and coming down and trying to put the pressure on us before a bill ls passed. don't approve oe that; I don't like politics by -- by -- by the press, in this issue. And I -- I -- I just still do not know where I am going to go With the vote, Senator de1 Valle. But just wanted to get that off my chest that I just don't feel comfortable with this type of politics.

Further discussion? Senator Schaffer.

Mr. President, I think I detect a little bit of an anomaly in the explanation. -- there was a reference to negotiations: and then we indicated that the percentage should come from what they do in New York. It's been my experience Illinois that there's tWo things that we ought not eo emulate - one of them is California and the other one is New Xork. I as I understand it# these fees are now set by the Department of Pknanckal Tnstltutions. They haven't been raised since '86 - and I don't quite understand where the problem is. If, in fact, and -- and when we -- when we set by law, set the fee: it's posslble and even coneeivable to me that with computer technology expandingy that this fee down the road might be koo high. I think we have a mechanism in place that should allow for reasonable fees to be set. The faet that the fee has not been raised lndlcates to me that, you know, Ehat obviously they haven't had any kind of increase. Now as I understand i*, this is a forty-tWo pereent reduction in What is eurrently paid. NoW 125  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 199: don 't know many businesses that can take a forty-two percent hit in their income. I do not begin to understand the finances of currency exchanges. We do have 'em in my area, but 1 frankly don't frequent them , as you would expect. But it occurs to me that if we artificially imply a rate -- or apply a rate that would deny those currency exchanges in the high public aid population - and I would respectfully remind you that a large number of Illinois welfare ehecks are distributed through currency exchanges at no fee to the State or to the recipient - that we endanger the viability - the financial viability - of these high-use welfare area currency exchanges. And I remember one time We did a study here long years ago, and eighty-two percent of welfare checks were at that time being cashed in places that sell alcohol. Now I'm not saying that that implies that people cash the check and spent money on alcohol, but I'm suggesting that that possibility certainly did exist. We asked several industries including the currency exchange industry, to get involved to provide a mechanism for these checks to be cashed. And I think for the Legislature ko arbitrarily come in and set a rater that's based on Wbat New York is doing, does not make sense. fact, there is a problem, there's a mechanism in the 1aW now. Let the department that's supposed to set these rates hold the hearing, listen to b0th sides, and come up with a rate that's reasonable and fair. I don't want to see anybody qouqed. I don 't want to see anybody make an exeess profit. 3ut this, to me# I think is very arbitrary. Itls the kind of legislation that Will come back and klck us in the tail down the road, and I wouldn't want to see the Welfare population in this State in khose high-concentrated areas forced back into places where maybe they have to buy, you know , a couple of six-packs of beer to get a eheck cashedy When they really don't want to buy a eouple of six-packs of beer to get a check cashed. Maybe theyld rather spend the money on the kids. l26  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23e 1991 :I I I I think khis is marehïng against the very people that we are purporting to help.

Youfll have an opportunity to respond, Senator de1 Valle. Further dlscussion? Senator DeAnqelis. SRNATOR DeANGELIS: Thank you, Mr. President. Senator de1 Valle, my legislative office sits right adjacent to a currency exchange and I see a 1ot of people going in and out. I have never -- and a 1ot of them know who I am. I have yet to have someone complain to me about the fee theydre being charged. So my question is, When was the last time the fee Was raised?

PRESIDING OFFICER: (SENATOR D'ARCO) Senator del Valle. SENATOR dEL VALLE: The eurrent fee was established in 1985: as Senator Schaffer indicated .

PRESIDING OPPICER: (SENATOR D'ARCO) Senator DeAngelis. SRNATOR DeANGELIS: If this -- if this were to go in effect, it would roll the rate back to what year, roughly? The eqùivalent of what year?

PRESIDING OPPICER: (SENATOR D'ARCO) Senator del Valle. Is that a question, I assume? SENATOR dEL VALLE: My informatkon ks that the rate had been seventy-five cents plus l.1 percent of the face value of the check in 1981, and then it was raised in 1985. PRESIDING OFFICERt (SENATOR D'ARCO) Senator DeAngelis. SENATOR DeANGELIS: So tbis would put the rate back to a least what it was ten I l27  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23g 1991 years a:o, even though in that period of time we lve had substantial cost increases and the cost of doing business, ' I includin: property taxes and okher thinqs?

PRESIDING OFPICER: (SENATOR D'ARCO) Senator de1 Valle. SENATOR dEL VALLE: You fre assuming that it Was a fair rate to begin with, both of those times.

PRESIDING OPPICER: (SENATOR DIARCO) Senator DeAngelis. SENATOR DeANGELIS: I made absolutely no assumptions in my stakements of fairness - too little, too much. I just pointed out a fact, Senator de1 Valle, that you're returning it back to a rate ik was ten years ago, and in that period of time - which is not an assumption - the costs of doing business have increased substantially.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator de1 Valle. SENATOR dEL VALLE: ' Let me point out that We're talking about fifteen-percent - our estimates are that about fifteen percent ot the checks would be government-issued benefit cheeks. This bill applies to only that fifteen percent. It does not apply to the rest of the checks. The fee would not change for the rest of the checks. We're talking fifteen percent and yes, the majority are in the city of chicaqo.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator DeAngelis. SENATOR DeANGELIS: Well. you knowz Wedre playing With numbers. It could be fifteen, it could be twelve, but for a lot of currengy exchanges, including the one that I office right next toy it's a heck of a I 128  STATE OF ILLINOIS 87*h GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 lot more than fifteen percent of their business. That's the point. If this fell aeross the board and that ratio to everybody, it Wouldn't be significant. But I can tell you right now: Where I'm at, this could very well cause the closing of that particular facility. That's all. Because am certain that more than fifteen percent of their mix is in the category you're talking about.

PRESIDING OFFICER: (SENATOR D'ARCO) Al1 right. Senator de1 Valle. SENATOR dEL VALLE: Senator DeAngelis: 1et me remind you, that what welre talking about here is a percentage of the population receiving -- a great percentage receiving public benefit checks that is a captive market for the currency exchange industry. Not only do they go in and pick up their checks. And not only do they 9et food stamps, which the State pays eighty-one eents to those eurrency exchanges to handle, but they also pay bills, utility bills, they get money orders. that is done in that currency exchange, beeause there're no others financial institutions around. So these currency exchanges make a whole 1ot of money from other services, other than cashing this public benefit check.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator del Valle: to close. SENATOR dEL VALLE: Yesterday, Mr. President, in this Chamber, We had to deal with a very difficult vote. Senator Smith presenEed a bill Ehat asked us to make a decision about increasing grant levels for Publie Aid recipients in the future. We indicated through the vote that that should not be done. So what Wetre saying in this Body is that we cannot -- we cannot increase Public Aid benefits, even though inflation, and even though the costing of living has gone up# even though it ls difficult to get much with this Public Aid 129  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 benefit, because here we're talking about a family of -- of a Public Aid check, for examplez of three hundred and sixty-seven dollars costing five dollars and thirty cents to cash. How many of you would pay five dollars and thirty cents to cash a three hundred and sixty-seven dollar cheek? I don't think anyone here would pay that amount. That's khat we're asking Public Aid and Social Security benefits, and Veterans' benefits, and other people receivin: public benefits to pay at these currency exchanges. They are a captive market. And I think tbat the rate Was too high to begin with, and I think as a makter of public policy, it's up to this Body to undo the injustices of the past. That's what we 're here for. Thatds our responsibility. In this case, wefre telling individuals receivin: these benefits that we cannot give them more -- we cannot give them more, because we don't have the money and certainly there are budqetary problems - but at the same time we're saying to them that we'll allow the currency exchange industry to take a big chunk of that eheck that should be going to buying milk, bread and food eo put on the tables of these families. And so therefore, I say lek's eorrect the injustice of the past. Let's not continue to tolerate this excessive fee, and I urge an Aye vote.

PRESIDING OFFICER: (SENATOR D'ARCO) The question is, shall Senate Bill 720 pass. Those in favor, vote Aye. Opposed, No. The voting is open. Have all voted who Wished? Have al1 voted who wished? Have all voted who wished? Have al1 voted who wished? Have a11 voted who Wished? Have a11 voted who wish? Take the record. On that question, there are 29 Ayes, 20 Naysy none voting Present. And the sponsor requests Postponed Consideration. Senate Bill 725. Senator Berman. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 725.  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislakive Day May 23# 1991 (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR DIARCO) Senator Berman.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill creates the Urban Education Partnership Grant at the State level. It's designed to support innovative programs in activities at the local school level that will result in improved student outcomes for students at risk. The bill has been amended to expand the number of distrlcts that will be eligible. I would be glad to respond to any questlons. has worked dramatically in the schools that it has been utilized on a pilot program .

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Any discussion? If not: the questicn is, shall Senate Bill 725 pass. Those in favor, vote Aye. Opposed, Nay. The votinq is open. Have all voted Who wished? Have a1l voted who wished? Have al1 voted Who Wished? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. And senate Bill 725, having received the required constitutional majority, is deelared hereby passed. Senate Bill 726. Senator -- Senator Holmberg, for what purpose do you arise?

I didn't have time to push my button. am a co-sponsor of the bill and I'd like to be recorded as Yes.

PRESIDING OFFICER: (SENATOR D'ARCO) The record will so reflect. Senator Berman. 726. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRX) Senate Bill 726. (Secretary reads title of bill) 3rd Reading of the bill. 131  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 726 addresses the question of hcw publie pension funds will be addressed in the event of -- of divorce eases. We have explored, with the pension groups, the very difficult guestions involved in this, including federal regulations and State regulations. We're moving along. We don't have it Wrapped up totallyr but we have a commitment from both the Bar Associations and the Pension Groups to continue to talk. I would ask for an Aye vote to keep *he discussions going.

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

Thank you, Mr. President. My records indicate that we agreed to hold this one until we had agreement.

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

We -- we discussed With President Mory: Who's been leading the groups on -- on the pension. There Was one area that he thought we -- dealing with a draft order, that he said he would not be able to resolve in this Session. We've put that aside. We're not lookinq at the draft orders. But Mike Mory has indicated to me that he has no objeetion to moving the bill along Eo allow them to continue their discussion, so we might be able reach a conclusion. This bill Wi1l not pass ln thls Xorm. It is not ready to. You wiil see it before leaves the Legislature, if they work it out ln the House.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Geo-Karis. 132  STATE 0F ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 SENATOR GEO-EARISJ I i ; Sponsor yield for a question?

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

Are you saylng then, Senator, that you are willing to have the bill held, if they don't Work it out in the House? I mean, are you willinq to give us your word about that?

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

Yes.

PRESIDING OFFICER: (SENATOR D'ARCO) A1l right. The question is, shall Senate Bill 726 pass. Those in favor, vote Aye. Opposed; No. The voting is open. Have al1 voted Who wished? Have all voted Who wished? Have a11 voted Who Wished? Take the record. On that question, there are 52 Ayes, no Nays, none voting Present. And Senate Bill 726, having received the required constitutional majority, ls hereby declared passed. Senator Berman. 727. Read the bill -- are you ready, Art? Read the bill: Mr Secretary.

ACTING SECRETARY: (MR. HAQRX) Senate Bill 727. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Berman. SENATOR BERMAN: Thank you, Mr. President and Ladies and Gentlemen of the Senate, Tbis bill authorizes the Departmebt on Aqing to develop and implement a demonstration program which would provide assisted living services to persons and families with Alzheimer's disease. 133  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 The services may be provided in community-based residential facilities. The Department on Aging is a strong supporter of this bill. I solicit your Aye vote.

PRESIDING OFFICER: (SENATOR DIARCO) A11 right. Any discussion? not: the question shall Senate Bill 727 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wished? Have all voted who Wished? Have a11 voted who Wished? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 727, having received the required constitutional majority, -- did say -- Senate Bill 727, having received the required constltution majority, is hereby declared passed. Al1 right. Ladies and Gentlemen, if I could have your attention please. We have some special guests, and as far as can ascertain, they dre -- theydre a very nice youthful -- here they are, look at 'em. Very nice youthful, beautiful kids from the State of Illinois, and Senator Butler is going to take over from here.

Thank you, Mr. President. I have the very great honor today to introduce you to a very, very special group of young people. And I appreciate your sparing a feW moments for me to make this introduction. There is a contest held each year throughout the United States in which thousands of high schools compete. And it's sponsored by the Commission on the Bicentennial of the United states Constitution. And as I said, there are high schools from a11 over this nation. They must acquire a very deep knowledge of the Constitution itself, U.S. History, of the Pederalist Papers, U.S. Supreme Court Decisionsz plus a 1ot of current political and constitutional issues. And these young peopley I'm very proud to say, are from Malne Hlgh School in Park Ridge, Illinois, my hometown. And so, Ladies and Gentlemen, may I introduce to you -- 134  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 and first their teacher, a Mr. Pat Feichter. And in the -- to the -- on the Republican side may I introduce Mr. Otto Kohler, Nancy Canova, Chris Deger, Robert Schultz and John Heuman. Now youdre Wondering what these fine young people did - Ladies and Gentlemen, these were the number one winners in -- in the State of Illinois, and in the national competition, they brought home to Illinois the bronze medal. These are the number-three-team kids from all over the United States, and I ask you to join With me in congratulating them. Pat -- Pat Feichter.

(Remarks by Pat Feichter) END OF TAPE TAPE 4

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Dudycz, for what purpose do you rise?

Point of personal privilege, Mr. President.

PRESIDING OFEICER: (SENATOR D'ARCO) State your purpose.

Mr. President, like to introduce the real heads of the Butler family. Seated Eo my right is Senator Butler': beautiful bride, Gerry. I'd like to welcome her to Springfield.

PRESIDING OFFICER: (SENATOR D'ARCO) Gerry, welcome to Springfield. Senate Bill 740. Senator Rea. Read the bill, Madam Secretary.

Senate Bill 740. 135  : STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i I ' 32nd Legislative Day May 23, 1991 (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DIARCO) Senator Rea. SENATOR REA: Thank you, Mr. President and Members of the Senate. Senate Bill 740 requires contractorsf bidding on school work to carry the same liability insurance that school districts are required to carry for their employees. It does not increase the eost or insurance requirements on school districts. It does ensure that schools are protected from liability of contracted employers. I would ask for an Aye vote. PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? If not, the question is# shall Senate Bill 740 pass. Those in favory vote Aye. Opposedy No. The voting is open. Have al1 voted who wished? Have al1 voted who wished? Have all voted who wished? Take the record. On that question, there are 42 Ayes, 5 Nays, 2 voting Present. And Senate Bill 740, having received the required constitutional majorityy is hereby declared passed. 745. Senator Collins. Read the bill, Madam Secretary. SECRETARY HAWKER: Senate Bill 7-4-5. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR D'ARCO) Senator Collins. SENATOR COLLINS: Yesy thank youz Mr. President and Members of the Senate. Senate Bill 745 creates a Children's Bill of Rights. The necessity for such legislative action is to establish State policy, and for the State to provide the leadership on protecting 136  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 the children of the State of Illinois. On a recent study that came out -- indicated that about -- approximately fifty percent of a1l African-American children in America lived in poverty. Now that figure for Illinois is even hioher. And this is not a bill just for minority children; this is a bill for children of Illinois. If we look at DCFS statisticsz We would see a substantial increase over the past ten years in child abuse cases. We can also look at homeless statistics and we will find that there ës a tremendous increase, a rapid-growing increase of the number of children living on the streets, and the number of chlldren who goes to bed hungry every night. Now, don't know how you feel about that, but I know that if we are going to be judged by history as being compassionate and responsible, that the State of Illinois has to take more initiative in making sure that children are better proteeted in this State. And I am not saying that we have not done and have not made some progress, but no one of you can say that we -- we are doing enough or that we are even doing our best, even within the budget restraints that We have. But this bill does not call for any money. It does not call for any money. It's talking about public policy. I Would be happy to answer any questions, but if not, I would ask a favorable roll call.

PRESIDING OFFICER: (SENATOR D'ARCO) All riqht. Senator Topinka. Senator Topinka .

Yes, Mr. President and Ladies and Gentlemen of *he Senate, Senator Collins is very well-intentioned in what she's trying to seek here, and I do appreciate that. And although it does not ask for any specific dollar amount, it certainly does set the State up for -- for future funding and God knows for how many lawsuits, for the simple reason that it not only creates an entitlement, but it creates a very vague entitlement, because What she's proposing  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23: 1991 here, in terms of definitions, are so judgmental and so discretionary that basically it's a lawyer's dream . For instancev- What is or is not a nurturing environment? What is quality day care for a1l children? And I Would bave to agree With her. This bill is not for just the very poor, whom I would like to see it help. It's for the very rich too, because since, lndeed, this would almost guarantee day care for a1l the kids in the State cf Illinois. If you had a few bucks and rea:ày wanted to kind of, you know, palm off your kid on day care, guess this would be the trigger to do it# because someone else is going to pick up the cost. The potential on cost here is enormous. It is so large We honest to goodnessly cannot determine what it would be. But I think before we go with something like this, welre either going to have to define it down very, very specifically or we're goin: to start having to figure that we're goin: to be in court on many days.

PRESIDING OFFICER: (SENATOR D'ARCO) A1l right. Senator Collins, to close. Senator Demuzio. I'm sorry. Senator Demuzio.

Well, I just have a question of the sponsorz it she Will yield.

PRESIDING OFFICER: (SENATOR D'ARCO) Shedll yield.

According to the bill, it says that, ''The Ceneral Assembly flnds that the children of the State are entitled ko cereain rights, which shall lnclude the riqht to adequate legal representation in legal proceedings involving the kelfare cf children over five and in cases Where the Welfare of the child must take precedence over the rights of a parent or legal guardian.n Are you suggesting that a child, who under - the 138  STATE 0F TLLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 federal definition apparently is from zero to eighteen can go and qet legal representation in a legal proceeding involving the welfare of the child and that the State cf Illinois is obligated to pay for the legal representation?

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

In -- in the State of Illinois, the Department of Children and Family Services already provides legal representation for children. So --

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Senator Demuzio, are you done? No.

No. Welly 1et me -- 1et me try this one. Are you suggesting that it says here that the -- it is the right of the child to have ''quality day care up to the age of twelve.'' If that's the case, I assume he can get a lawyer to demand that the State of Illinois provide day eare for the -- up to the a:e of twelve. Is - - is that riqht?

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

Senator, no child in this Statey whether or not we can afford it or whether or not the parent can afford it, should be left alone or should be left with substandard child care. Now see, money has nothln: to do wfth that. And J'm saying èha: a rhlld have a right to be protected, and we're not doinq What we're doing in this State is that if the money isn't there -- we value dollars over human rights. And at some polnt, whether you talk about the children should be filing the suits under this law or not, they will do that. Now, I admit and I had assumed that staff had prepared the amendment to set forth the definitions in this l39  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 bill that Senator Toplnka raised a legitimate question in the committee about. And I kould be Willing to do that on 2nd Reading. And if it doesn 't work out, we will not move this bill. But to say that we -- we will not -- this State, take a position on critical issues proteeting our children because of money that ls absurd. That's absolutely absurd.

PRESIDING OPFICER: (SENATOR D'ARCO) A11 right. The question is, shall Senate Bill 745 pass. Those in favor, vote Aye. Opposed, No. The voting is open. Have al1 voted Who wished? Have al1 voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 19 Ayes, 31 Nays, 2 voting Present. And Senate Bill 745, having failed to receive the required constitutional majority, is declared lost. Senate Bill 746. Senator Collins. -- Collins. Read the bill, Madam Secretary.

Senate Bill 746. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOZ D'ARCO) Senator Collins.

Xes, thank your Mr. President and Members of the Senate. Senate Bill 746 is an attempt to make taxes more fair in the State of Illinois. We did have an amendment here that took out the exemption section out of the bill and left *be way it is. NoW# those of you who may have the staff analysis on this side that is a mistake and that -- the only thing that we did -- Senator -- Senator Rigney and I put an amendment on that deleted everythin: in the bill and then we redid the property deduction part of the bill. And what it does noW is -- We give a double exemption to those -- in property taxes, to those persons who make zero to  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day Ma# 1991 twenty-nine thousand nine hundred and ninety-nine dollars; from thirty to one hundred thousand dollars we give one and a half exemption; and to those over one hundred thousand dollars we left it at the one thousand dollars, so that we are not takin: anything from anyone, but ke are making it fairer for those who make less money. That's all the bill is doinq, and I Would just ask for a favorable roll call.

PRESIDINC OFFICER: (SENATOR D'ARCO) All right. Senator Rigney.

I thlnk there's just one basic question we're addressing here: and that is, do you believe that real estate deductions should be graduated. If you do# 1 think this is a somewhat reasonable schedule, as has been pointed out by the sponsor. We would conkinue the two-hundred-percent deduction up to thirty thousand of income; from thirty to a hundred would be a hundred and fifty percent; over over a hundred thousand it would be a hundred-percent deductlon. So, that's the basic question here, and vote it up or down.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. The question isr shall Senate B1ll 746 -- Senator Collins.

Yes, thank you. What -- T did -- assumed that would close, but what I didn't say -- that this bill would have a net gain in state revenue of forty-five mlllion dollars thaE We deflnitely can use.

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. The question is, shall Senate Bill 746 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wished? Have a11 voted who wished? Have a1l voted who wished? Take the record. On that question, there are l41  STATE 0P ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 25 Ayes, 25 Nays, 1 voting Present, and Senate Bill 746, having failed to receive the required eonstitutional majority, is hereby deelared lost. Senate Bill 750. J.J. Joyce. Read the bill, Madam Secretary.

Senate Bill 750. (Secretary reads tltle of bill) 3rd Reading of the bill.

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

Thank you, Mr. President. This amends the Illinois State Historic Resources Preservation Act. And right now, the bill is just a vehicle. The homebuilders and the Historic Agency people are Working on a compromise. They have it, in facty nearly done. So I would ask that We keep the process alive and pass over to the House so they can finish their negotiations.

PRESIDING OFFICER: (SENATOR D'ARCO) Al1 right. The question is, shall Senate Bill 750 pass. Those in favor, vote Aye. Opposed, Nay. 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 52 Ayes, 1 Nay, none voting Present. And Senate Bill 750, having received the required constitutional majority: is hereby declared passed. Senate Bill 770. Senator Keats. Senator Keats. Read the bill, Madam Secretary.

Senate Bill 770. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Keats. 142  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

Thank you: Mr. President and Ladles and Gentlemen of the Senate. This bill may still not be in it's quite-final form, but something was distributed. There should be information on everyone 's desk. This is a problem With the Human Rights Commission where, for both the companies involved and the individuals who feel that they have been discriminated against, these cases draq on for years, and it doesn't treat either side fairly. So this has been an honest attempt to try and speed up the backlog so that both sides are treated more fairly. This very similar to what we did at the Induskrial Commission a couple years ago. And so far we've continued to work with a11 parties and will continue to do so. Just real quickly, what does: requires the training of investigators and attorneys involved in conciliation at the Illinois Department of Human Rights and the hearing officers at the Human Rights Commission. Tt clarifies how the fact-finding conferences are actually to be run. It requires that the investigation reports and complaints filed in front of the Illinois Department of Human Rights for charges have to be set forth in writingao.tinaudiblel...findinqs of facts: conclusions of law, et cetera. And it creates panels just like the Industrial Commlssion. Would solicit your Aye vote.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. The question is, shall Senate Bill 770 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wished? Have a11 voted Who Wished? Have a11 voted who wished? Take the record. On that question, there are 56 Ayes, 1 Nay, none voting Present. And Senate Bill 770, having received the required constitutional majority, is hereby declared passed. 774. Senator Jones. Read the bill, Madam Secretary.

Senate Bill 7-7-4. l43  STATE OF ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 (Secretary reads title of bill) 3rd Readin: of the bill.

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

Yes, thank you, Mr. Presldent and Members of the Senate. Senate Bill 774 amends the Chicago Park District Pension Code, and it waives the six-month waiting period for participation in the Fund for those park employees or employees of the Retirement Board Who would be exempt from mandatory participation. Now, this again is an issue that will be dealt with. It does merit substance, but it will be part of the package of the bill. It is the vehicle -- one of the vehicle bills, and I ask for favorable vote.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Any discussion? If not, the question isy shall Senate Bill 774 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted Who Wished? Have a11 voted who Wished? Have al1 voted who Wished? Take the record. On that question, there are 41 Ayes, 10 Nays, 1 voting Present. And Senate Bill 774, having received the required constitutional majority, is hereby declared passed. 776. Senator Jones. 781. Senator Daley. .Read the bill, Madam Secretary.

Eenate Bill 7-8-1. (Secretary reads title of bill) 3rd Reading of the blll.

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

Thank youw Mr. President and Members of the Senate. Senate Bill 781 would prohibit the Secretary of State from issuing a new license or permit for a period of tWo years, rather than one year, 144  STATE OF ILLINOIS $ 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' i 32nd Legislative Day May 23, 1991 i for violation of Cannabis Control Act. It would also -- that any person who while operating a motor vehicle is convicted of the Cannabis Control Act or Controlled Substance Act a second time within five years shall not have his or her driving privileges renewed for five years. It prohibits the Secretary of State from issuing any license or permit to any person convicted, Within one year of an application for a licensez of any violation of such Act. It authorizes suspension or revocation of driving privileges of any person without preliminary hearings for two year -- two years, rather than one, if the person has been convicted of illegal possession, while operating a motor vehicle, of any controlled sùbstance. It authorizes suspension or revocation of driving privileges of any persony without preliminary hearing, if the person has been convicted of illegal possession of a controlled substancey regardless of whether or not that person was operating a motor vehicle. If convictedy the driving privileges shall be suspended for -- shall be suspended for one year. If convicted a second time within five years, the person's license will be suspended for flve years. A defendant found guilty of this -- of this offense while operating a motor vehicle shall have entry made into court record by the judge that the offense did occur other than while a defendant was operating a motor vehicle. I'd be happy to answer any questions. PRESIDING OFFICER: (SENATOR D'ARCO) i Nobody Wants to talk on this bill? Brookins does. Senator Brookins. Come on, Howard.

Thank you. Will the sponsor yield for a question?

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

Senator Daley, you say that no matter where you are -- or you 145  STATE OP ILLIHOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 eould be in your home, anywhere, that if youdre arrested and found quilty, your driver's license would be suspended. Is that eorrect?

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

That is correct, Senator.

Senator Daley, What are we trying to accomplish here? Are we krying to prevent what are we trying to aceompllsh with this as related to driving an automobile and smoking a joint?

PRESIDINC OFPICER: (SENATOR D'ARCO) Senator Daley.

Simply - people Who use drugs should not drive, whether or not theydre driving *he car or Whether or not they're in their home smoking a jointp which is illegal.

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

Well. I don't knoW. There are -- there are occasions and there are places that -- and there are -- where doctors prescribe it. But Senator, this is just a terrible bill. I spoke to it in committee, and I said it Was bad then and itfs bad now. It has no relationship to automobiles. is -- you don't have to be in the proximity of an automobile to -- to -- to be convlcEed. And I don't see why the that would be a burden on your drlver's license or et cetera. I just think it's a terrible bill. And I rise in opposition to it.

PRESIDING OFPICER: (SENATOR D'ARCO) Senator Jacobs. SENATOR JACOBS) l46  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Thank you, Mr. President and Ladies and Gentlemen of the Senate. I voted aqainst this last time it was up - last year. guess my big problem is that whenever we -- We look at this whcle situation, which we even went through -- excuse me - that we even Went through With drunk driving there's a year of summary suspension now on drunk driving, but that year may turn into ten or twelve, strictly at the discretion of the hearing officers. And so there is no true one year, and in this case, when we say five years. If you use the same rule of tbumb that is currently used under the alcohol provision: a five-year suspension would probably turn into a fifty-year suspension. And I just think for - - you know, what you may do in the privacy of your oWn home is is somethins we should not take into the streets. guess the next thing we'll be doin: is that if you have sex with your wife at home, we'll take away your driver's license, too.

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

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

PRESIDING OFPICER: (SENATOR D'ARCO) He indicates he'll yield. SENATOR HAWHINSON) Senatorr in your explanation, several times you indieated that these suspensions would take place without preliminary hearing. And so this doesn't so to the arguments that have been made before, but I'm wondering why you dre not giving these people a hearing. PRESIDING OFFICER: (SENATOR D'ARCO) Senator Daley. SENATOR DALEY: Simply to -- Senator' simply to follow siailar to DUI. When 147  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 you have a DUl violaeion, your license is automatically suspended. So -- I'm sorry, Senator - When you're convicted.

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

But usually in the DUI process, itls already in the flow from the refusal to take the test indirectly. Youdre talking here about convictions perhaps unrelated to driving the vehicle. Is there -- you#ve talked aboue ehe absence of a preliminary hearing. What bappens if there's a mixup in the records, and you've got a suspension for khe wrong person? What kind of hearin: do you offer them?

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

Senator, it is after a conviction. It is --

PRESIDING OFPICER: (SENATOR D'ARCO) All right. Senator Hawkinson.

But what kind of a hearinq do you give someone if they say, ''Hey, it Wasn't me that Was convicted; it's a :uy of the same R2111C *''

PRESIDING OFFICER: (SENATOR DIARCO) Senator Daley.

The same hearing that a person Would receive, Senator, 'or a DUI offense. PRESIDING OFFICER) (SENATOR D'ARCO) A1l right. Senator Hawkinson.

Please tell me what that hearlnq isg if it isn 't the preliminary hearing. l48  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 i PRESIDING OFPICER: (SENATOR D'ARCO) i Senator Daley. i SENATOR DALEX: ! I Senator d licenses are automatically suspended 1 , as you re aware, or revoked for -- with a conviction with a DUI. And that -- this ! would follow the same process. I I PRESIDING OFPICER i : (SENATOR DIARCO) : All right. Senator Hawkinson. ! sexaToRHhwKlxsox: 1 Myquestionis--and the reason I'm trying to ask this 1 question is, if youfre convicted for DUI, they've gotyour 1 driver'slicensenumberandsoforth;theydrenotgoingto likely 1 suspend the wrong person. Youlre talking now about suspensions of someone who -- who has not been necessarily arrested while in the motorvehicle and the eriminalcourtmay not have his driver's j ! license number or herdriver'slicensenumber. Howdoyauknow you're not making a mistake and you 're suspending the wrong John j Doe? And -- and if you are, what kind of a system do you allow them to have a hearing for? PRESIDINCOFPICER: (SENATORD'ARCO) 1 Al1right. SenatorDaley,forthelasttime. j ; saxavoRoassv: j That is a process that the Secretary of State would have to administer. And I have confidence that they would be able to administer that program.

PRESIDING OFFICER: (SENATOR DIARCO) A11 right. Senator Philip.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senator Brookins has been very eonvincing. He certainly has convinced me to vote Aye. I Want to commend Senator Daley. When people areconvicted --are convicted ofuslngdrugs,they oughe 1 l49  STATE OF ILLINOIS 1 I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 to have a tough penalty and they ought to know about it. And I suggest we al1 vote Aye.

PRESIDING OFFICER: (SENATOR D'ARCO) A1l right. Senator Barkhausen.

Following my illustrious leader here, 1, too, have felt for a long time that we need some penalties without sending people to prison; that we need some automatic penalties for those who are convicted of using drugs, not just those Who are selling who deserve prison penalties; but for those who are using, we need some kind of a penalty that's going to send a message and that's going to have an impact, particularly on our young people. And I think, Senator Daley, youdre onto something here.

PRESIDING OPFICER: (SENATOR D'ARCO) Senator DeAngelis. SENATOR DeANGELIS: Question of the sponsor.

PRESIDING OFFICER: (SENATOR D'ARCO) He indicates he'll yield. SENATOR DeANGELIS: Is this penalty in lieu of another penalty that could be imposed?

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

I'm sorry, senator, I could not hear the question. SENATOR DeANGELIS: Is this penalty in lieu of another penalty that can be imposed?

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

l50  STATE OF ILLINOIS 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 This is a new -- as youdre aware, Senator, there are a number of offenses now for DUI. This would be a new -- neW program .

PRESIDING OFPICER: (SENATOR DIARCO) Senator DeAngelis. SENATOR DeANGELIS: I am not a criminal attorney or otherwise, but aren 't there penalties for conviction of -- having a controlled substance?

PRESIDING OFPICER: (SENATOR D'ARCO) We can't hear you, Senator. SENATOR DeANGELIS: Well, are there not penalties for having controlled substance riqht now?

FRESIDING OFFICER: (SENATOR DIARCO) senator Daley. SENATOR DALEY; I do not have a list of what the penalties are, Senator, but Z there are a number of them.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator DeAngelis. SENATOR DeANGELIS: Well, you know, I Would like to vote for this bill, but if I find out now that I'm going to let somebody have a driver's license yanked instead of spending six years in prison, then we're not doing the right thing as everybody's cheerinq around here thinking we're doing. Now, I1d like to know what the penalty would be for this, and are we, in fact. substituting tbis in lieu of another penalty. PRESIDING OPFICER: (SENATOR D'ARCOI All right. Senator Daley.

Senator, this is in addition -- in addition to the other penalties. 151  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23z 1991

PRESIDING OPFICER: (SENATOR DIARCO) A1l right. Senator DeAngelis. SENATOR DeANGELIS: So you ean't drive while you're in jail. Okay.

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

Thank you, Mr. President. Senator Daley, I understood you to say that lf you used marijuana in your home that you -- and were convicted of that, you would lose your driving privileges for two years. My question is, what is the penalty if you use heroin in your home and you're convicted of that? How long do you lose your driver's license for?

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

Any -- Senatore it is any violation. For -- for the drug that you mentioned, would be two years.

PRESIDING OPFICER: (SENATOR D'ARCO) Al1 right. Ladies and Centlemenz Welre having a little problem hearing. Please keep the conversation down. Senator Dunn.

Did I understand you to say that you Would lose your driverls license for two years if you were convicted of using a controlled substance such as heroin? For two years? And how lonq would you lose your driver's license if you committed a rape?

PRESIDING OPFICER: (SENATOR DIARCO) Senator Daley.

Senator, do not know what that -- this is -- this bill deals with drugs, not -- not rape. 152  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OEFICER: (SENATOR D'ARCO) A11 right. Senator Alexander.

Mr. President, will the sponsor yield?

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

Senator Daley, is it possible. if I smoke one joint, that could be convicted of a misdemeanor -- a Class C penalty?

PRESIDING OPFICER: (SENATOR D'ARCO) I'm sorry. We can't hear the questions. Senator, Would you repeat the question?

Thank you. I asked the Senator - if I smoked a joint, as it's called, and on conviction received a conviction for a misdemeanor or Class C penalty, don't you think that's rather harsh for a misdemeanor, to lose my drlving privileges and thae may be my only means of goin: backwards and forth to work? And get a misdemeanor conviction 'and I have to work or maybe 90 on welfare, which you a11 don't want to pay for anymore. What absut that? Then I have another question I'd like to ask you on the same subject.

PRESIDING OPFICER: (SENATOR D'ARCO) Senator Daley. SENATOR DALEY) The answer, Senator I do not believe it is harsh. If your question is, do I believe Ehat's a harsh penalty - no, I do not believe it ls at all.

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

I do not believe in smoking drugs or using drugs, so I want to 153  STATE 0P ILLINOIS 87th ' GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 go on the record first, buk I do think that thatls a rather harsh penalty for smoking one joint. Two, how do you intend to correlate with the court these convictions for smokinq one joint when we're having problems now with staffing our court, funding our court? Who is going to correlate these convictions which will be probably numerous if this 1aw goes into effect - to get the information to the Secretary of State and who is going to absorb these additional court costs for this action?

PRESIDING OPFICER: (SENATOR D'ARCO) All right. Senator Daley.

Senator, I have confidence that the -- the Secretary of State and a1l the parties involved can resolve this situation. Againy it goes back to whether or not you believe a person who uses drugs is a hazard on the road. And I personally believe they are.

PRESIDING OPPICER: (SENATOR D'ARCO) Al1 right. The the question is# shall Senate Bill 781 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have al1 voted Who wished? Have al1 voted who wished? Have a1l voted Who Wished? Take the record. On that question, there are 42 Ayes, 6 Naysz 3 voting Present. And Senate Bill 781, having received the required constitutional majority, is hereby declared passed. Senator Cullerton. 789. Read the bill, Madam Secretary.

Senate Bill 7-8-9. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President and Members of the Senate. This bill l54  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 would require the Department of Children and Family Services to provide Written notiee to the court when they have been appointed to supervise visitation rights. This bill comes as a result of some problems that have occurred where the Department has not followed the court order. So what we bave set up is an agreement with the Department where sixty days after the court order they shall report back to the court, let them know also with regard to the cost incurred by the Department in providing the supervision, if the parties are financially able to pay the cost. And if the Department does not report back, then the court could hold them in contempt of court. As I indicated: the Department agrees with the bill.

PRESIDING OPPICER: (SENATOR D'ARCO) A1l right. The question is, shall Senate Bill 789 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wished? Have al1 voted Who wished? Have a1l voted who wished? Take the record. On that questlon, 56 Ayes, no Nays, none voting Present. And Senate Bill 789, having received the required constitutional majority, is hereby declared passed. 790 is on the Recall L1st. 795. Senator Cullerton. 0ut of the record. 797. Senator Berman. Senator Berman here? 797. Senator Berman. Read the billz Madam Secretary.

Senate Bill 7-9-7. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President. Senate Bill 797 is a response to a request by the Illinois Supreme Court to review the question of the Statuee of Limitations in relation to the Contribution Act. 155  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 32nd Legkslative Day May 23, 1991 What this bill Would do ks to provide that if a person has been held liable in a case, that the opportunity to add third-party defendants because of the liability of that third-party defendanty would be two years after the payment by the person who has been found liable. What this does is to track -- in order to allow persons who are in faet responsîble #or negligent acts to bear the ultimate responsibility for the costs and damages incurred by those negliqent acts. Be qlad to respond to any questions.

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

Mr. President and Members, at Ehe time We heard this bill in committee - and the bill, I think, on its surface maybe does make some sense but at the time we heard this bill in committee we had not heard from some of those Who noW seem to be very concerned about it# mainly the Medical Society and the IMA. In particular, the Medical Society's position is that when we passed the Statute of Limitations governing medical malpractice suits several years ago, we enacted, along with a, I believe, a two-year Statute of Limitations, we enacted whatfs called a Statute of Repose of four years, which basically means that -- that a suit, including a third-party complaint or a contribution action would have to be brought within four years. I think the coneern is that there is potential -- under this legislation, that the time in which such a third party or contribution action would need to be brought could be very considerably extended beyond thaE four-year perlod - for example, especially in the County of Cook, where there is very often and typically is a great time laq between the time tha: a matter is filed and When a verdict is finally reached. That -- you know, that eould be six or seven years. And to extend the possibility for a contribution action tWo years beyond that point would, in effect. be extending what was a four-year Statute of 156  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Repose to as long as nine or ten years. So that is the source of -- of our concerny and the reason that I think we ought to appose khis.

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

Not as much rising in opposition as just simply a humble garbage collector doesn't quite understand some of this fancy legal footïng. What is this contribution action? Beeause if we 're going to extend the Statute of Repose: as Senator Barkhausen is explaining, for an additional two years, what is it exactly, so we have some idea of whether we really Want to do it? I know the Supreme Court ruled in this case. and there seems to be some question whether the Supreme Court really wants a chance to rewrite the law again on somethlng new. And we just are not sure.

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

Let me try to translate it so a garbage collector understands 1t. own a house adjacent to your garbage dump and that happens to be in the County of Cook. Let's use Senator Darkhausen's example - in the County of Cook. And I develop a serious health condition. I'm not sure why that health eondition has occurred, but I figured it's because of what youbve got in your dump. and file a lawsuit against you. In the County of Cook, very well may take four, five, six years. In the proof of *hat ease as discovery goes on, depositions are taken - there's investisation that goes on - you and I both find out that the person who has one of your customers that's been dumping things in there, you thought was waste paper. but in fact, it was --

PRESIDING OFFICER: (SENATOR D'ARCO) Senator KeatB. l57  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

But, in fact -- in fact, it was a material that was contagicus and could cause my illness. You didnft know that. It might be hospital waste or something else. You didn't know that. But as the case moves along, you found out that your customer Was, in fact, dumping this toxic material. 0ur case is finally resolved because of your -- the court determines that your negligence, in not checkin: what was dumping, you were liable. But you're saying to yourself, MWait a minute. I may be liable, but my customer is the one that really ought to pay, because he's been dumping this toxic material.'' The contribution action allows you, after you pay my judgment - a hundred thousand dollars, hypothetleally to turn around and you have two years to sue your customer because he, in facty was the one that was responsible for this condition. That's what this bill is al1 about. And I would suggest to you that those persons who are concerned about the costs of defense: the costs. of lawyersz the eosts of insurancez this is a bill you ought to support, because what it does is to allow the person that is, in fact, responsible for a for damaqes to be ultimately beld responsible.

PRESIDINC OFFTCER: (SENATOR D'ARCO) All right. Senator Keats.

I appreciate *be explanation. because that does give us a better feel for why àt is. But my next question why does take the four years to find this out? Whak is it in the system that allows i: to qo on for years and years and years so that we didn't find out in less than four that we need an extension for?

PRESIDING OFPICER: (SENATOR DIARCO) Senator Berman.

That's an excellent question, and if had an answer, I'd 158  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 probably run for the President of the County Board. But the fact is -- the fact is, that you have a backlog in Cook County and you have a backlog in Madison County and you have a backlog in a number of other counties. Sometimes -- you knoww if we knew it early, we wouldn't worry about the bill. But there are cases where the facts are not brought out unttl the usual Statute of Limitations has passed. Forget about a four-year Statute of Repose. The case I qave you -- you only had two years from my illness, or from the time that your customer dumped, to sue him . Well, you didn 't know about it. If I Waited my Statute of Limitations - okay - and sued you a year and eleven months after got ill: you'd be out of -- you would bave to pay the judgment; you 'd have no recourse to the person who was aetually responsible if we don 't pass this bill.

PRESIDING OFFICER: (SENATOR D'ARCO) Al1 right. The question is, shall Senate Bill 798 pass. Those in favor, vote Aye. Opposed 797 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Rave all voted who wished? Have a1l voted who wished? Have al1 voted who wished? Have a11 voted who wished? Take the record. On that question, there are 32 Ayesz 19 Nays, none voting Present. And Senate Bill 797, having received the required constitutional majority, is hereby declared passed. 798. Senator Berman. 800. Senator Rock. Read the bille Madam Seeretary.

Sena*e Bill 800. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President and Ladies and Gentlemen of the l59  STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSTON SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Senate. Senate Bill 800 is an amendment to the Ticket Scalping Act which we passed in a rather peremptory fashion here a year ago, and what it does is it provides an exception. We have outlawed the practice of ticket scalping, and everybody agrees that ought to be done. What we did, however, in our hastey was we literally went too far, and we have now currently outlawed the business of ticket brokering. And what this proposal says is that if you are a ticket broker, you are not subject to *he Ticket Scalping Ac* and its penalties. NoW the question is, who's a ticket broker? And khat's what this says, ''A tlcket broker must engage in the sale of tickets on a regular and ongoing basis, operate from one or more flxed locations. He and his employees may not sell at any -- for any event while sittin: or standing near the facility, and the broker must comply with al1 the requirements of the ROT tax and all other applicable federal, State and local laws.'' So what we are doin: is literally carvin: out the business -- the profession of ticket brokers. The bill came out of -- out of Executive Committee virtually unanimously. 0ne dissenting vote - the only known opposition - and he's not in his chair, so this is probably a good time to pass it.

PRESIDING OFFICER: (SENATOR D'ARCO) Senator -- Senator Kelly.

No, he's -- he 's right. I mean, I Was the dissenting vote on this issue as wellr and I'm changing ny position because my coneern was - and Senator Rock straightened me ou* afterwards - is I wanted a seat -- I wanted to -- Ifm concerned about these seats that We can never get in the front row middle section. And found out it's not these individuals that are causing a problem - it's the promoters that are holding. So I'm changing my vote and be proud to support Senator Rock on Senate Bill 800.

PRESIDING OFFTCER: (SENATOR D'ANCO) l60  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 A11 right. The question is, shall Senate B111 800 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who Wished? Have a1l voted who wished? Have a1l voted who wished? Take the record. On that questicn, there are 56 Ayes, no Nays, voting Present. And Senate Bl1l 800, having received the required constitutional majority, is hereby declared passed. Senate Bill 812. Senator Macdonald. Senate Bill 821. Senator Ratca. Read the bill, Madam Secretary.

Senate Bill 821. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate or Amendment No. 1 becomes the bill. And Senate Bill 82l is agreed between the interested parties -- between the ambulance provkders and the 'Department of Public Aid. And simply says that Public Aid shall attempt, if practical, to implement an ambulance reimbursement program that mirrors the Medicaid Ambulance Reimbursement Plan. I just spoke to the Department of Public Aid and theydve been workin: really, really hard on this and still are working. have agreed, if possible, to get this bill into the House. Once it goes to committee, itdll be gutted, become a vehicle bill, and they will work further to attemp: to appease the ambulance communlty. I'd just ask for a favorable roll call to at leask get this into the House.

PRESIDING OFFICER: (SENATOR D'ARCO) All right. The question is# shall Senake Bill 8l2 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted Who wished? Have al1 voted who Wished? Héve a11 l6l  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legkslatkve Day May 23, 1991 voted who wished? I'm sorry. 821. Have all voted who wished? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. And Senate Bill 821, having received the required constitutional majority, is hereby declared passed.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) - - Bill 823. Senator Daley. Read the bill, Madam Secretary. Senator Daley. I'm sorry.

Mr. Presidenez With leave of the Body: I Would like to refer Senate Bill 823 back to the Consumer Affairs Committee.

PRESIDINC OFPICER: (SENATOR J.J. JOYCE) Senator Daley asks leave. Is leave granted? Leave is granted. Senate B11l 828. Senator Mahar. Read the bill, Madam Secretary.

Senate Bill 828. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR J.J. J0XCE) Senator Mahar.

Thank you, Mr. President and Members. As the Calendar statesy correctly indicates that this Senate Bi11 828 creates the Private Enterprise Review and Advisory Board to investigate the impact of State Government commercial activities on private enterprise. A Ploor Amendment Was added, Which WaG drafted by AFSCME and removes -- takes care of their coneerns. Removes thetr objections. In fact, theyfre in support of the bill. I know of no opposition. This has no fiscal iapact on the State. The Board members Will serve uncompensated, and I'd ask for your support.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) A1l rigbt. Is there any discussion? Senator Severns. l62  STATE OP ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

Thank you, Mr. Presidentr Members of the Senate. This bill came before our committee. Senator Mahar worked with people who were concerned about the bill in its original form. think it's an excellent compromisez and would urge a favorable vote.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Mahar, to close. The question is, shall Senate Bill 828 pass. 'hose in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a11 voted who Wish? Have a11 voted Who wish? Have all voted who wish? Take the record . 0n that question, the Ayes are 58, the Nays are none, none voting Present. Senate Bill 828, having received the required constitutional majority, is declared passed. Senate Bill 830. Senator Berman. Read the bill, Kadam Secretary.

Senate Bill 830. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Berman.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill comes to us because of an outcry from women's organizations and the American Cancer Societyg in particular. Women who have a diagnosis of a fibrocystic condition have been denïed knsurance -- health knsurance coverage. We had testimony in fron: of the Committee Insurance, Pensions and Licensed Activities Committee that pointed out from experts that women who have this fibrocystic breast condltion -- in only five percent of those gases does cancer in fact arise. There is a concern on the part, admittedly, by khe insurance industry and the response by tbe insurance industry to our discussions is that it's not l63  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23w 1991 thekr fault the insurance kndustry's fault kt's the medical profession's fault in the failure to properly diagnose and explain the prognosis of these conditions. But Ladies and Gentlemen, itds not my job, and I don't think it's our job, to apply blame. What we are trying to do by Senate Bill 830 is to correc: an injustice. We have -- we have put an amendment on that states that when a biopsy has been taken and that there is an indication of cancer, denial of coverage is appropriate. But when there isn dty then there -- then this çondltiony with ninety-five-percent normality, should not prejudice women as to obtainin: bealth insurance. 1'd be glad to respond to your questions.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) IS there any question? Senator Madigan.

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

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Indieates hetll yîeld.

Senator Berman, as the bill now stands, is there any reference or application of cancer at all in this bill?

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Berman.

Yes. What We tried to do in response to the inquiries that were raised in the committee -- we put an amendment on that says that once a flbrocystlc condikion has been diagnosed by a breast - - breast biopsy that demonserates an increased disposition to the development of breast cancer, a denial ean be made.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Madigan.

Is that and forgive me for this: but are We talking 164  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 about a denial or a caneellation? Aecording to our analysis, get a little confused when we talk about a denial, meaning that a policy is not issued, and then of course a caneellation means that a polkcy ks issued and then subsequently cancelled. Is tbere a differentiation there, or what are we doing here?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Berman.

I understand your c/nfusionw and I was eonfused also and we have taken out the word ncancel''# because it -- it really does not have an application. If a person applies, you know: they go through the application process. So that's not -- that's -- the word ''cancelled'' has been removed. by amendment, from this bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Purther discussion? Senator Geo-Karis.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Indicates he'll yield.

Xoulre saykn: that the Way this -- this bkll reads now: a aondition is diagnosed in a biopsy that there is cancery then there would be no coverage. Am I correct?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Berman.

I'm sorry. I didn't hear the question.

You 're sayin: that -- if I understand you correctly, did you say that if the condition is diagnosed as cancer from a biopsy: there is no coverage?

PRESIDING OPFICER: (SENATOR J.J. JOXCE) l65  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Senator Berman.

think we're getting ourselves confused. Let me take you through what the bill does.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Geo-Karis.

Let me tell you what our analysis says. l'Would allow insurers to deny coverage for a fibrocystic condition if the condition is diaqnosed by a breast biopsy that demonstrates an increased disposition to developing breast cancer.'' Is that correct?

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Berman.

Yes: that is correct.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Geo-Karis.

Well, Mr. President, Ladies and Gentlemen of the Senate, what Mood is this bill for? If someone has been diagnosed as cancer. why shouldn 't she be covered?

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Berman.

Senator Geo-Karis, you're confusing the word ''denial'' with the word ''cancel.'' Denial means that I come forth - you come forth and apply for health insurance. The issue, when youdre requestlng to buy health insurance or to be covered is whether the insurance eompany can deny covering you - denial. Once you're covered, eancellation is not the issue. Once you're covered, you're eovered. So, don't :et eonfused between denial, which means they -- and that's been the problem. That's What the bill has l66  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 addressed. Denial of coverage. Onee youdre covered, youdre covered.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Further discussion? Senator Schuneman.

Thank you, Mr. President. I think most of us were eontacted by our chapters of the Cancer Society in strong support of this bill. But what you should know is that cancer is now out of this bill. Nothing to do with cancer anymore. The other thing that you should know is that if you were an insurance company or an insurance company underwriter, it Would be your job to try to insure only so-called standard risks - that is people who already have a condition that is known to require treatment in the future, you dre probably noe qoing to insure those peoplez because they're not a standard-risk person. And youdre either going to deny them coverage or you're going to charge them a higher premium . This bill says you can't do that if you've :ot a fibrocystic condition. NoW# I submit to you that we Wouldn't -- webre not doing that in Illinois in the case of people who have diabetes, who have heart attacks, Who have a1l these other lists of diseases we're not ordering insurance eompanies to always write those people. This bill says youdve got a fibrocystic condition, the company canft refuse you coverage. Is that really what we want to do? see this as as a mandate on insurance companies who basieally are writing small employers, same people that -- you knowe youdre pleading the case a11 the time for small employers and the fact that you want them to buy insurance for people, but by mandating these coveraqe, we keep driving up their costs. And so I think this bill is badly confused. But, number one, it has nothing to do with cancer now. And number two, it requires that if you have a fibrocystic condition, which may -- which may obviously require some medical treatment in the future, the insurance company can't 167  l STATE oF ILLINOIS 87th GENERAL ASSEMBLY REGULAR sEssloN SENATE TRANSCRIPT I 32nd Legislative Day May 23, 1991 refuse to write you. PRESIDING OFPICER: (SENATOR J.J. JOYCE) Further discussion? Senator Hawklnson. SENATOR HAWKINSON : I rise in support of this bill, and I think that's exactly the point. The point that Senator Berman made is that in ninety-five percent of these cases where therefs a fibrocystic condition there's never going to be any cancer. And yet We have women unfairly denied coverage because of the fibrocystic condition. That's the whole point of the bill, and that's why we Want to do this. That's why our chapters of the American Cancer Society are so much in favor of this bill. But I did Want to ask you a question about the cancellation issue, because I think it is confusing. It's confusing to the proponents of this bill as well. I've had calls this morning from Cancer Association people in my local offiee, Wanting to know why we're going to allow cancellations now for a fibrocystic condition. And my answer is that's not the point of the bill. Welre not goin: to be allowing that. But for purposes of legislative intent, Senator Berman, would you clarify the existing law for someone who already has coverage and a fibroeystic condition may be later discovered. PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Berman. SENATOR BERMAN: The bill addressed the -- the purpose of the bill was to make available, ho women with a fibrocystic breast condition , health insurance. The word ''cancelled'' was in the original draft of the bill and really had no application to it. The questions of cancellation are no more unique to the question of fibrocystic breast condition to anything else. If you lie in your application, you can be denied coverage or benefits. But that's not the purpose of the bill, and that's why the word 'Icancelled'' l68 I  STKIE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23z 1991 was taken out of the bill because it really had no application here.

PRESIDING UFFICER: (SESATOR J.J. JOXCE) Any further discussion? Senator Berman, to close.

Senator Hawkinson gave my closing. Thank you.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) The question is, shall Senate Bill 830 pass. Those favor, vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wksh? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 52 Ayes, 4 Nays: none votinq Present. Senate Bill 830, having received the required constàtutional majority, is hereby declared passed. Senate Bill 833. Senator Jacobs. Senate Bill 839. Senator Priedland. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRX) Senate Bi11 839. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Friedland.

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate . Senate -- Senate Bill 839 is permissive and would affeet Kane County only. The Kane County Board is in the process of considering implementing a gas tax on motor fue1 sold within the eounty. The question arose, could dlesel fuel be exempted? No one seemed to have an answer. We r since the introduction of this bi'll. have received an Attorneys General -- an Attorney General's opinion that says diesel fue1 could be exempted. And it's a permissive bl1l: and tt passed committee on tbe Agreed Bill List. And I urge your support for the final leg of my senatorial l69  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 legislative paekage this Session . Thank you. PRESIDING OFPICER: (SENATOR JOXCEJ Discussion? Senator Holmberg.

Senator Friedland, Ehls one 's not qulte as clean as the previous part of your package. This -- this bill is opposed by the Department of Revenue. And I note that it increases the motor fuel tax for individuals while exempting trucks from the tax . I'd lkke to know why car owners would have to subsidize the eonstruction of roads in Rane Countyz sayt for the benefit of truck companies.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Fztedland. think they found you out, Senator.

Thank you very much for that query. The reason -- the main reason for this legislation is it's requested by the Village of Hampshire in three service statlons in tKe rural unincorporated areas of Kane County, whieh are located adjacent to the Northwest Tollway and Route 20. -- elghty eo ninety percent of the diesel fuel sold in Kane County is sold at these three locations and it's sold mainly t/ trucks using the Tollway. Theydre on and off tbe Tollway. And the Village and other residents of the area are fearful that tbe stations would close . And it's not just only service stations involved. They have adjacent repatr shops and restaurants and it involves scores of employees. And urge you to take another look aE It's just permisslve, and it would give the Rane County Board another avenue, if it so chose, to adopt it. Thank you.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Holmberg, further questions?

Yes. I know typically when We increase a tax, we try to go to 170  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 referendum, and I think the Department has tried in recent years with sales tax reform: to maintain some kind of uniformity, and I think they, as well as 1, become concerned that if Kane County does this - exempts diesel fuel - Dupage, McHenry, you know , Winnebago may -- may soon follow. And I think it spoils the unlformity of the sales tax agreement. And I Would recommend opposition.

PRESIDING OFFICER: (SENATOR JOYCE) Further discussion? Senatar Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I think there is some misunderstanding here. This bill does not impose a gasoline tax at all. It does not impose a tax. What it does is to permit the Board of Kane County to exempt diesel fuel, if they choose to exercise their option, which they now have, to impose a tax on motor fuel. The Whole purpose of this bill is to try to keep a eouple of businesses up at the northern end of Kane County in the rural section of the district, alon: the Northwest Tollroad from -- who are heavily dependent upon the revenues which they receive from interstate truckers, from being forced out of business. I would strongly urge your support for this bill which does not impose any kind of a tax.

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

Mr. President, too rise in suppor: of Ehis proposal. Before the last legislative remapz this area was in my district. The truckstops along the Northwest Tollway that Kane County is proposing to exempt - and that's What -- What they 're suggesting - would clearly be wiped out if the County of Kane decided to exercise the power they already havey as Senator Etheredge spelled out, to increase gasoline and dlesel taxes four cents a gallon. 17l  STATE OF ILLINOIS 87th GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRTPT 32nd Legislative Day May 23, 1991 It may well be that the County of Kane and the County Board members may conclude that they need to do this. And we have already given them that power. But as Senator Friedland points out, there is a rather major investment in terms of jobs and capital in these facilitles that serve the Tollway . And these truckers With the four-hundred-gallon saddle tanks on either side of their trucks -- they learn to be very competitive in their shoppinq. Many of them are, frankly, not making that much money, and they have to be. And that four cents a gallon will clearly Wipe these facilities out. I think it's a very reasonable proposaly one that has no impact on State revenues at all, and one we ought to pass.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Further diseussion? Senator Fawell.

Thank you, Mr. President. I just Wanted to echo Senator Schaffer and Senator Friedlandls speecbes. Actually, this has noehing to do w1th the State. It's a local option by the local county board. They can do kith it as they please. And I certainly wouldn't want Senator Friedland to work any harder than he has. He 's got tWo bills this time: and he usually doesn 't have that many. And I think we ought to pass both of them.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator Priedland, to close.

Wellg Ehank youg Mr. President. It's really four proposals I have, not two. Noz this -- it's merely a permissive bill and it's -- even the Attorney General says they could do thts. So 1 mean - - theybre just asking for support for it. Thank you.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Question isz shall Senate Bill 839 pass. Those in favor, vote Aye. Opposed, vote Nay. Voting is open. Have a11 voted who l72 I E I  STATE OP ILLINOIS j 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23z 1991 wish? Have a1l voted who Wish? Have a11 voted Who wish? Take the record. On that question, there are 42 Ayes, 6 Nays, 6 voting Present. Senate Bill 839, having received the required constitutional majority, is declared passed. Senate Bill 851. Senator Hudson. Senate Bill 852. Senator Hudson. Senake Bi11 855. Senator Maitland. 857. Senator Savickas. 863. Senator Savickas. 865. Senatcr Philip. Read the bill: Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 865. (Secretary reads title of bill) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Philip.

Thank your Mr. President, Ladies and Gentlemen of the Senate. Senate Bi11 865 amends the Ambulatory Surgical Treatment Center Act and Hea1th Facility Planning Act. What it Would do Would set up six pilot programs throughout the State of Illinois in regards to surgical recovery centers; would set up a five-member board appoinked by *he Governor. 1* would allow people ko stay for no more than three days. I Would -- it would set up tko in the City of Chicago and four downstate. We already have tbis going on in the states of Arizona and California. It has done tko things. It has shortened the stay in -- in these centers, and lt's lowered the cost in round figures about twenty-five percent. Be happy to answer any questions and ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Discussion? Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate, I stand in support of Senator Phillp and this proposal, for the simple reason that everywhere that this has been proposed in the l73 i  STATE 0F ILLINOIS 87th GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 United States, it has been successful. It has cut costs. It ' certainly has not competed or hurt hospitals. is used for patients who are recuperating from minor surgery performed. Anybody who needs acute care surgery continues to go to the hospital. We have taken great care this time to make sure that -- you have to have a certificate of need, as well as being Medicaid accessible. I think the bill has been Well packaged, and again: I stress, it is a pilot pzoject. So as a result, if it does not worky We can always go back and revise what wedve done. 3ut it's an interesting proposal. It's Worked elsewhere. I think Illinois is smart enough to try and seek this out as a potential alternative in health care. PRESIDING OFFICER) (SENATOR J.J. JOYCE) Further discusslon? Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President and Ladies and Gentlemen of the Senate. Ir too, stand in strong support of this legislation. stood -- or sat in on a hearing that was held in my community by one of my hospitals, and one of the things they said at that time that they feel needs to be done is to do exactly what we dre doinq here. The only difference is: theydre not ready to go yet. There are some that are ready to go. And I don't think we should stand in their way because they lre ready to go and the other are not. You know, in that same hearing there was a consultant from New york. He indicated that by the year 2020 - and think this is important llsten to - by *he year 2020 our enElre gross national product will go for health care. Our entire gross national product will go for health care. Now if we don't do something now, and if we don't allow these ambulatory centers to be utilized, I think we 're making a mistake. Again, it's only two years. It's a pilot program. Welre probably talking - what - a hundred and eighty probably to two hundred beds. I don't think  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 32nd Legkslative Day May 23, 1991 that's going to put anyone out of business. I know that the Hospital Association is really working this one, but I think al1 candor, beings this is what theyfre looking at for the future: instead of being a little bit selfish on this case, I think they should share the wealth a little bit, and allow them to -- they should be joining this legislation.

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

Well, when previous speaker mentioned share the wealth a little bit, I think We a11 have heard from our hospitals and there isn't much Wealth in our hospitals that can be shared. The patients that are going to be taken care of by this legislation are private-pay patients Who are seeking elective surgery and want a different klnd of setting. These facilities are going to have to, by definition, be located near the hospitals. They're going to be skimming private-pay patients from our hospitals who are already in very, very serious financial trouble. There's also, with any surgery, potentlal hazards to a patient. But these facilities don't have to maintain the equipment or staffing or the peer revieW or quality assurance that hospitals do. I thlnk -- I think the hospitals are in enough trouble already, and to add this country club type setting near hospitals is going to create a lot of problems. And We're not sharing the wealth, because a11 of us have heard from our hospitals that there isn't any wealth in the hospitals of our State - anything, they need our help. Thak's going to be part of the budgetary deals that'll go on in the last week. This is a bad idea.

PRESIDING OFFICER: (SENATOR JOYCE) Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. am in the unenviable position of l75  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 servin: on the board of an ambulatory care eenter and a hospital, both of whom are competitors. So I almost feel like a guy sliding down a ten-foot razor blade. But let me just tell you what - if this bill passes - what's going to happen. The Surgicare Center, whose board sit on, who is, by the Way, in favor of this, will have higher costs. They Will have higher costs because they will have to put in equipment, recovery rooms, intensive care unitsy they eurrently don't have. So the very things that theybre performing at much lower costs are going to increase in cost. The hospital: Whose board I sit on, will lose a substantial amount of its surgical and obstetrical business, and its cost will go up. Now, I am for lower cost in health care, but I want to tell you one cansequence that could occur here, is that cost increase at both places. And frankly, do no* believe that thak is good public policy. I think the intent of this bill is good. I have always been in favor of having medical serviees done at the area in which the costs are the least. I think ie would be a good idea to take this so-called suggestion and Work on it and massage it a little bit, because there are hospitals right noW who, in fact, are in favor of this: because they have surgicare centers. Let me tell you the third consequence of this bill, however, which I find somewhat disastrous, is that if this bill passes, what I think's going to happen is the surgicare center that I am on the board of will merge with the hospital: and then our consumers won 't get such a very good break.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Smith.

Thank you, Mr. Presldent and Ladies and Gentlemen of the Senate. This is a bad, bad bill. This bill will make it more difficult for our community and rural hospitals to serve the poor, because it will take the private-pay patients away from them and 176  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 force our hospitals to absorb even greater losses. Furthermore, the Federal Government has not qiven us any commitment that will approve these so-called Medicaid motels for Medicare or Medicaid. This proposal Will create a two-tier system of medical care in the State of Illinois. We cannot afford that now. There are tao many poor people that need the help of the hospital and not that of the elite. It is wrong at this time, and I ask you, pleasey ta consider that.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Geo-Karis.

Mr. President, Ladies and Gentlemen of the Senate, brieflyy therels nothing to stop the hospitals from having these recovery centers. think it's worth a try and I think it's only a two-year -- isn't that right? Two-year period. I think we should try it, and I speak in favor of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Collins.

Yes. Thank you, Mr. President and Members of the Senate. As I have met with many of the hospitals in my district and in other areas who are havin: serious difficulty keepin: their doors open, one of the thlngs that they said that the -- the greatest contributing factor was that they had a disproporticnate number of poor patients - nonprivate-paying patients attending their hospitals, because what they do - they spread thelr cost across the board as it relates to their overall operation. And the absence of those private-pay patients not only just for the income, but the cash flow problem also -- would help the cash flow problems. And what this bill ls doing, whether or not it is experimental or not: we already know the end result, so I don't understand Why we need to experiment with it. A11 of us 177  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 understand that this bill will have a profound impact on the hospitals in tbis State: and that it would further establish a two-tier and a seqreqated health care system in this - - ln this State - one for the wealthy and another one for the poor, which would completely isolate tbe poor people from those people who have money. That's unfair. This is something that we ought not to do in this Chamber, so I would just ask that we defeat, as Senator Smith said, this very bad, bad, bad, bad, bad bill. PRESIDING OPFTCER) (SENATOR J.J. JOYCE) Further discussion? Senator Schuneman.

Thank you, Mr. President. I just want to make a couple of quick points. First of all, think whether you/re for khis bill or against it depends upon what part of the State you come from, and what the condition of your hospitals may be. In my part of the State, *e have hospltals Who are in in grave danger of failing: and *he thing that they?re concerned about is th at freestanding ambulatory surgical centers may be built as a Way of skimming off some of the business that they ptesently aEe getti ng and the income that they're relyin: upon. And that's the coneern that they fre raising to me. And that's the reason I think that this is a bad idea for my part of the State.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Furtber discussion? Senator Rea.

Thank youe Mr. president, Members of the Senate . Being from a underserved, underserviced area of health care y and seeinq khe number of hospitals they have closed over the last couple of years, I'm very concerned about the effect that this Will have, and I certainly rise in opposition to this bill.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Further discussion? Senator Hall. l78  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 ' SENATOR HALL: Thank you, Mr. President and Ladies and Gentlemen of the Senate. rise in opposition to this bill. It's -- it's very strange that the Hospital Association is opposed to it and yet the Illinois Medtcal Society is for this. Am 1 reading that right? Is that -- Senator Topinka, is this your bill? Beg your pardon? PRESIDING OFFICER: (SENATOR J.J. JOYCE) It's Senator Philip's bill, Senator Hall. SENATOR HALL: Oh, it 's over there now, huh? Okay . But -- but what I'm saying is that, you know, it's a great difference between Medicaid and Medicare. So we have hospitals down our way that are eighty-some pereenk Medicaid, and this would really run them..vtinaudiblel... So therefore, I'm opposed to

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Further discussion? Senator Keats. SENATOR KEATS: I'm goin: to be brief. feel like -- 1 feel like the guy who made harnesses for horses When theylve just invented the car. You know, technology's moving on and Idm sorry if in the medical care delivery field they don't want technology to move on# but if they think we can continue to àellver health care in 1990s the way we $ delivered it in the 1940s, Wefre never going to get the kind of health care at the cost and the quality We want. It's progress. Progress may not be easyw but at some point we have to aceept the fac: tha: the world's moving on. would move in favor.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Barkhausen.

A question of one of the sponsors. My leader doesn't look like he wants to -- to answer a question. Maybe Senator Topinka would be kind enough to... 179  STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION ' SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OFPICER: (SENATOR J.J. JOYCE) She indieates she will yield.

The question has to do with the jurisdiction of the Hea1th Pacilities Planning Board. I think it's a step in the right direction that -- that -- that these facilities would have to make application of the Hea1th Facillties Plannlng Board. My queseion is is basically whether the - in making this application or in evaluating the application - the Board could take into account the impact of of these facilities on local hospitals, and could evaluaee the local capacity of hospitals in determining whether therefs a need for one of these facilities.

PRBSIDIKG OFFICER: (SENKQOR J.J. JQXCE) Senator Topinka.

It is part of -- of the -- of that orqanization's operations in general to take that into account so that any particular area is not overbedded or overutklized. 6o I thknk that would come wieh the territory.

PRESIDING OFEICER: (SENATOR J.J. JUYCE) Further diseussion? Senator -- Senator Jacobs, for the second time.

Thank youe Mr. President. And I apologize for for standing and speaking a second time, but there was a comment made earlier about sharing the Wealth and that Was picked apart a little bit. By khat I meant just a little separation and a little eontknuation, and I tbink Senator Keats hit it on the head whenever he said that teehnology is movlng on. But this is not a bad idea. I am a downstate legislator also , and I have downstate hospitals, and theybre still closing the hospitals With or without this. Number two, they are planning on doing this themselves, l80  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 and they will be doing this in two or tbree years. So what's wronq with helping it out - moving the technology along a little bit - and I ask for an Aye vote.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Further discussion? Senator Topinka.

Mr. President, sorry to speak again, but I think it is fair to note that where these have been opened in other states, that very often the ownership is by hospitals. So indeed, if this were such a tremendous problem for hospitals, doubt that they would want to get into the business. And second of all, you know, I think we -- we -- maybe the Hospital Association ought to maybe concern itself with some of its primary objectives here, which is to try and get the flow of their fundinq and their reimbursement in order and a1l these major issues that they have to deal with and not be in opposition on every single thing that comes up that advances the cost of health care in this State.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discusslon? Senaeor Rock.

Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. 1, too, rise in strong opposition to Senate Bill 865 for many of the reasons stated - and stated very aptly - by Senator Schuneman. And I think it's fair to say, Senator Schuneman, that whatever part of the State youlre from, this is not a good idea for the existing medical providers in our gEate, because ls truly setting up what has been -- come to be known as kind of a boueique. And I think that's why Senator Keats was so strong in his -- in his approval of this. What we're affordkng the opportunity to do here is to literally take the paylng patients and move them to kind of a country elub-like setting to the absolute derogation of the hospital. Now the fact of the matter 181  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23, 1991 is, these centers have to have, by this proposal, a contractual, and guess close physical standing to an acute care hospital. But the fact of the matter is, I would be surprised if an acute care hospital kould want to enter into that kind of an agreement, for many of *he reasons stated. I just tbink that this would -- this would literally further advance the impending death of the Illinois hospital system as we know it, and I think it's a bad idea and I uroe a No vote.

PRESIDING OPPICER: (SENATOR J.J. JOYCE) Purther discussion? Senator Pbilip, to close.

You know: knew it was finally going to happen. Thank you for all your help and criticism. Let me just say that this is a two-year pilot program. We have to eome back here *wo years from now and extend it, if would work. Number two, there isn't there isn't in Arizona or California any hospital that has closed up or qone bankrupt. Quite frankly, it might bave an opportunity of helpin: some downstate areas that don't have any hospitals period. Also, there are some hospitals that are operatin: these koday in khe State of Illlnois. Some of them are already doing It's al1 right if the hospitals do 1t. If somebody else does it, it is wronq. you know, we ought to get in the 21st century . I think itfs a giqantic step in the right direction, and let's give it a test for two years.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) riqhk. The question is: shall Senate Bill 865 pass. Those in favor will vote Aye. Opposed, vote NO. The voting ls open. Have all voted who wish? Have all voted who wish? Have al1 voted who wish? Take the reeord. On that question, there are 18 Ayes, Nays, voting Present. Senate Bill 865, having not received *he required constitutional majority, is hereby declared failed. 182  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 END OF TAPE TAPE PRESIDING OFPICER) (SENATOR J.J. JOYCE) Senate Bill 868. Senator Fagell. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bi1l 868. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Fawell. SENATOR FAWELL) Thank you very much. This is a fairly simple bill, and only concerns Dupage County. It would prohibit any new construction along rivers from the center line to two hundred yards on either side. And the rivers we're talking abou: are Salt Creek , Dupage River East Brancb and Dupage River West Branch . T'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Is there any discussion? If not, the question is, shall Senate Sill 868 pass. Those in favor, vote Aye. Opposed , voke Nayw The voting is open. Have al1 voted who Wish? Have all voted who wish? Have al1 voted kho Wish? Take the record. On that question, there are 55 hyes,Nayz none voting Present. Senate Bill 868, having received the required constieueional majority, is declared passed. 8-8-6. Senator Smith. Senate Bill 8-8-6. Read the bill, Mr. Secretary.

ACTING SECRETARX: (MR. HARRY) l83  STATE OF ILLINOIS 87th GENERAL ASSEMBLX RECULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Senate :ill 886. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Smith.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 886 amends the Public A1d Code in the Section referencing Project Chance. This is a vehicle bill designed to counkeract the administrationfs proposed chanqes to the Project Chance Program. Although the administration bills were defeated in committee, I Would like this bill to be alive so that we can combat any surprise bills from the administration which may appear either in the Senate or in the House.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Any discussion? Senator Toplnka.

Yes. If I may ask a question of the sponsor.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) She indicates she kill yield.

I appreciate that it's a vehicle bill. Could you possibly enlighten us as to where you would like this vehicle to go?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Smith.

I'd like to be ready for Project Chance, because we need it for the people who are on publlc aid.

PRESIDING OPFICER: (SENAIOR J.J. JOYCE) Senator Topinka.

Could you be a little more specific - What with Projeet 184  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23, 1991 Chance?

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Smith.

This is a program that has long been instituted by the Deparkment of Public Aid in order to try to help people get jobs and train them for jobs, and we have been a little skeptical.

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Topinka . SENATOR TOPINXAI I appreeiate that, Senator Smith. I know it is a prcgram. know it is out there. I know what it does. Where would you like this vehicle to take Project Chance as we know it?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Smith.

I'd like very much for it to go to the House. Send it to the House. PRESIDING OFFICER) (SENATOR J.J. JOXCE) Any further discussion? Senator Schaffer. Senator Schaffer.

All good Senate bills should go to the House. This is a novel concept. You say this bill was put in: and you have it here, eo combat any of the evil administration bills that were designed to cut Public Aid and -- Project Chance. I -- I am intrigued by this concept. Is this klnd of like if a bad bill passes, then we'll put another we'll make thls bill ln*o a repealer of the bad bill we just passed? I'm just kind of -- this is a great concept. This is reminiseent of the o1d spy-versus-spy days. kind of like to have you enumerate us a little more on this concept of counter-legislative warfare or whatever this is.

PRESIDING OPFICER: (SENATOR JOXCE) 185  -1 1 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE THANSCRIPT 32nd Legislative Day May 23: 1991 Senator Smith.

Thank you. Senator Schaffer: I'm very devoted to the Project Chance, ever since its inceptlon. And I just don'k Want to be a -- take a chance. I just want to be one step ahead.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) All right. Any further discussion? Senator Smith, to close. The question is' shall Senate Bill 8-8-6 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted Who wish? Have all voted who wish? Have all voted Who Wish? Have al1 voted who Wish? Take the record. On that question: there are 29 Ayes, 23 Nayse and 4 voting Present. Senate Bill 886, having not received the requlred constitutional majority, is declared failed. The Senator asks for permlssion to postpone. Bill's on Postponed Consideration. Senate Bill 8-8-7. Senator Smith. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 887. (Seeretary reads title of bkll) 3rd R/ading of the bill.

PRESIDING OPFICER: (SENATOR J.J. JOXCE) Senator Smith.

Thank you, Senator -- Mr. President and Ladies and Centlemen of tbe Senate. Senate Bill 887 amends the Township LaW With respect to qeneral assistant programs. Like the former bill, this bill is meant to counteraet any surprise administration bills to reseructure the General Assistance Program. And I'd move for its adoption.

PRESIDIRG OFFICER: (SENATOR J.J. JOYCE) Any discussion? If not, the question is, shall Senate Bill -- 887 pass. Senator Topinka. Put your llght on. 186  STATE OF ILLINOTS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

I'm sorry . 11m sorry: but this has the tendeney to look like a vehiele bill, too. Could you possibly enlighten me on where you would like this vehicle to go in the House - when it goes to the House - if it goes to the House?

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Smith. SENATOR SMITHJ I'd like for - as I stated before - I'm afraid about the General Assistance Program: whlch Ifm very devoted to. And I would just like to be one step ahead. Please, give me your vote.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) The question is# shall Senate Bill 887 pass. Those in favory vote Aye. Opposedr vote Nay. The voting is open. Have all voted who Wish? Have a11 voted Who wish? Have a11 voted Who Wish? Take the record. On that question, there are 31 Ayes: 21 Nays, 4 voting Present. Senate Bill 887, having received the required constitutional majority, is declared passed. Senate Bill 888. Senator Smith. Read the -- read the bill.

ACTING SECRETARY: (MR. HARRY) Senate Bill 888. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Smith. SENATOR SMITHI Thank youe Mr. President: Ladies and Genklemen of thP Senate. Senate Bill 888 is a vehicle bill. It amends the Public Ald Code in the Section referencing the Medical Assistance Program. Again, khis bill is meant to counteract any proposed restrietions and changes to the Medicaid Program .

PRESIDING OPFICER: (SENATOR J.J. JOYCE) l87  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Any discussion? Hearing none, the question is, shall Senate Bill 888 pass. I'm sorry: Senator Watson. missed you. SENATOR WATSON) ïes. Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR JOYCE) Indicates shelll yield.

I really would like to know what your intent is here. You 're talkinq about chotce of medical dkspensers for medical assistance recipients. Are you -- youdre actually talking about providers, obviously. I'd like to know what your intent is here, Senator. Surely -- obviously youlve got some rational reason of what you're Wanting to do with these partieular bills. And I -- I'd just like to have an idea What -- Where you're headed.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator Smith.

Senator Watson, the Governor had made plans to make a lot of changes tn the Medical Assistance Programs. And I merely wanted to be prepared for the Medicaid Program.

PRESIDIHG OFFICER: (SENATOR J.J. JOYCE) Senator Watson. SENATOR WATSONt What chanqes?

PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Smith.

He -- tbe Governor Wanted to lkmkt the people's choiees as far as medical conditions are concerned.

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Watson.

l88  STATE OF ILLINOIS 87th GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23z 1991 Sir. Senator Watson, it's a vehicle, and I really want it to move just to be prepared, because the Governor has already made comments as to the chanqing of his program his bill. Welre just merely trying to be prepared.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) A1l right. Any further discussion? If not, the question is, shall Senate Bill 888 pass. Those in favor, voke Aye. Opposed, vote Nay. The votinq is open. Have a11 voted wbo wish? Have a11 voted who wish? Have a11 voted Who Wish? Take the record . On that questkon, there are 31 Ayes, 22 Nays, 4 voting Present. Senate Bill 888, having received the required constitutional majority, is declared passed. Senator Watsonz for what purpgse do you arise?

Verificationy please.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson has requested verifieation. Will a11 the Senators be in their seat. Searetary Will read the affirmative votes.

ACTING SECRETARY: (MR. HARRY) The following voted in the affirmative: Alexander, Berman, Brookinsz Carroll: Collins, Cullertonz Daleyz DlArco, del Valler Demuzlo: Thomas Dunn, Hallz Holmbergy Jacobsz Jones, J.E. Joyce, J .J. Joyce, Rellyz LechoWicz, Leverenzy Luft, Marovitz, Newhouse, O 'Daniel, Rea, Saviekas: Severns: Smith, Vadalabene, Welch, and Mr. President.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Watsonz do you...

Jeremiah Joyce.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Jeremiah Joyce. Senator Jeremiah Joyee. Strike his 189  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 32nd Legislatike Day May 23, 1991 name, Mr. Secretary. Senator Watson.

Senator Leehowicz.

PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator Lechowiez is in the back of -- front of the Chamber. SENATOR WATSON) Emil Jones.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Jones is in khe Chamber.

Thank you.

PRESTDING OFFICER: (SENATOR J.J. JOYCE) Roll call has been verified. 30 voting Present -- 30 voting Yea, 22 voting Nay. The bill, having received a constitutional majority, ls hereby declared passed. Senator -- 894. Senator Schaffer. Read tbe bkll? Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bi1l 894. tsecretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Schaffer.

Kr. Pteskdenty the bill does two things. Gne, it requires the Departmenk of Corrections to establish a program for recycling and refuse sorting with the employment of minimum- or medium-seeurity ànmates. And, with Senator Holmberg's amendment on, ke address a problem that affects Senator Holmberg, Senator Rlgney and my area, involving trying to :et the Department of Correetions into a proqram establish and operate a basically steel file eabinet program that we hope they Wi1l pursue as We thought Ehey were gotn: to pursue. 190  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OPFICER: (SENATOR J.J. JOYCE) Is there any question? Hearing none, the question is# shall Senate Bill 894 pass. Those in favor, vote Aye. Opposed, vote Nay. The voking is open. Have all voted who wisb? Have al1 voted who wish? Have a11 voted Who wish? Take the record. On khae question, there are 57 Ayes, none voting Nay, none voting Present. senate Bi1l 894, having reeeived the required eonstitutional majority, is declared passed. Senate Bill 905. Senator Marovitz. 905. Senator Marovlez. 933. Senator Maroviez. 933. Senator Marovitz. Senate Bill 942. Senator Holmberg. Read the bill, Mr. Secretary. ACTING SECRETARYI (MR. HARRY) Senate Bill 942. (Secretary reads tltle of bill) 3rd Reading of the bill. PRESIDING OFFICERI (SENATOR J.J. JOYCE) Senator Holmberg.

Thank you, Mr. President. This Senate bill amends the Illinois fnsurance Code to provide that no group policy of aceident or health insurance Which provides coverage for the treatment of alcoholism or other drug abuse or dependency may be issued if it restricts tbe insured selection of a treatment provider. It further provides that any person or organizakion lieensed by the Department of Alcoholism and Substance Abuse to provide alcohollsm and other drug abuse and dependency outpatient or resldential rehab shall be eligible for reimbursement. It basically would allow individuals and families to choose between hospital and non-hospital alcohol and other drug treatment programs, giving thea an opportunity to reduce their out-of-pocket expenses as well as helping insurance companies save money. It does not requlre insurance eompanies to provide any addittonal l9l  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 coverage, nor does Vt force people to use non-haspttal programs. It does not apply to self-insured companies, and it has been amended to exclude PPOs. This legislation merely gives people a choice. DASA does not oppose the bill. Tbe Department of Public Hea1th supports this bill. And as an example, the kinds of savings that would ensue would include these: for instance, for detoxification in a hospital, it costs anywhere from four hundred and seventeen to six hundred dollars a day; in a DhsA-lieensed faeility - which has stricter restrictions than the hospital - it would be a hundred and thirty-eight dollars per day. Inpatient or residential care, if it takes place in a hospital, is anywhere from three hundred and eighty-four to five hundred dollars a day; in a DAsA-licensed facility: it would be a hundred and five dollars per day. hnd as an outpatient, it would run thirty-five dollars an hour. Certainly a cost savings to your constituents, to your insurance companies, and recommend that you support tbis freedom of choice for consumers in the area of alcoholism and drug abuse treatment.

Question is the passage of Senate Bill 942. Dlscussion? Senator Madigan.

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

Indicates shefll yield, Senator Madigan.

Senator Holmberg, is this the same bill as 1204 that was held committee?

Senator Holmberg.

has much of the same language. It *as amended onto 942 l92  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 with the amendment that ke a1l believe should have been on it in eommkttee, excluding the PPGS.

Senator Madlgan. SENATOR MADIGANJ Tbank you, Mr. President. With that amendment, as understand, or as I recall in committee, DASA Was in favor of the bill, or 1204, that you presented in eommittee. With this bill, as amended onto 942, their position is now neutral. Can you tell me what you changed in your bill to cause the -- DASA to go from kn favor of it to neutral?

Senator Holmberg.

DASA initially supported Ehe bill, even suqgesting expansion of tbis to Department of Public Health-lieensed 'acilities. believe it *as the Governor's Offiee: in response to some lobbying, that :ot DASA to change their mind and -- and become neutral on the project. They are not oppased. think, you know, tt's an IADDA bill. Many of your constituents lobbied you on and the present director was formerly the president of IADDA, and my guess is -- philosophically would be with it -- perhaps has to pay attention to his Governor. PRESIDING OFFICER: ISENATOR JOYCE) Senator Madigan.

Thank you? Mr. President. Well I have to rise in opposition to the bill. What the -- what we're doing here is again passing on another mandate and removing any choice that an employer may have in trying to seek help and assistance in the most reasonable Way possible for an employee who may have a need of rehabilitation or recovery, in allowing that employee to have 193  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislaeive Day May 23, 1991 -- basically have free and unlimited choice as to where he or she should goy with no input or thought put forth either by an -- by the insurance company or by the employer. And I can see nothing Where we 'll have any savings here other than a further substantial increase in eosts. And I am opposed to this measure as it stands.

Further discussion? Senator Pawell.

Thank you very muchy Mr. President. I serve on a non-for-profit board that deals with alcoholism in Dupage County, and I also was a -- one of the main backers to get Interventions, whieh deals with alcohol and substance abuse in Dupage Ccunty, for our adolescents. This bill makes a great deal of sense. Tbe problem that we've got nowadays when we start dealin: with -- with aleoholic problems is that When they qo into the hospitals, the hospitals, in effect, eat up all the insurance, beeause they have to charge a tremendous amount of money. Once they are detoxed, there is really no reason why a lot of them cannot go out as an outpatient or go to a DASA Eacility, exeept that as soon as they do that, all of the sudden the insurance companies quit paying. This is not a more-cost bill. It is exactly the opposite. It's a cost-effective bill. The hospitals could -- eould discharge these patients as soon as they get them detoxed, and then we could work with them on an outpatientls basis in some of these facilities that welve got throughout the State that have been approved by DASA. I think this is a good bill. I -- I think it is misunderstood by the employers, if thatfs what they think it is. And I ehink that a Yes vote is -- is in order.

Further discussion? Senator Demuzio.

Well, thank you, Mr. President. I'd just -- I'd like to ask l94 I STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislatkve Day May 23, 1991 the sponsor a question, and then was trying to get it straightened out here with the staff. Senator, if -- if I have a large business concern in my districtr and they have indicated a local agency nearby - Springfield, Jacksonville, or what have you that can provide this service with respect to alcohol and/or subskance abuse, then they don't have to go there if they don't want to if it's the nearest. The -- under your bill, it says that if that person wants to go to Chicago or Cairo or wherever there 's another licensed facility, that that person has the option to qo there. Is that what We're doinq? PRESIDENT ROCK: Senator Holmberg. SENATOR HOLMBERG: Senator Demuzio, there's a previous contraet - they're contracted with one group - that contract still stands. We don 't want to interfere with any of those agreements. This is Where there isn't an agreement. Then therefs free choice. PRESIDENT ROCK: Senator Demuzio. SENATOR DEMUZIO: I guess that's my point. My point is that if -- letfs assume for a moment that it's not in the eontract, and I have a large business eoncern: and I have a half a dozen employees that require treatment of one kind or another under your bill, and they have the option to go anywhere that they choose, I assume that's ïn the confines of khe Sta*e of Illknois, and it is to be paid for by the employer - is that -- is that What wefre doing? PRESIDENT ROCK: Senator Holmberg. SENATOR HOLMBERG: It's paid for by the insurance company. Right now - not in al1 cases - but many insurance companies will only reimburse you l95  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 if you actually are hospitalized. What we are saying that that company 's insurance, it covers for alcoholism and substance abuse, should also pay the lesser costs if someone chooses to be an outpatient or chooses to go to the clinic down the street, as lon: as it's licensed by DASA, which has even stricter requirements than hospitalsy but is much less money.

Further discussion? Senator Philip.

Thank youz Mr. President, Ladies and Gentlemen of the Senate. And I don 't remember how you voted on my bill, Senator Holmberg, but do you realize What you're going to be doing? ïou're going to be taking these alcoholics away from hospital treatments. Theylre going to put them out there in these little treatment centers. Youtre goin: to be creating boutiques for the rich and the famous. Now, I don't understand how you can do that. We can do it for the alcoholic, but if you have light surgeryz we can't do it, right? I don't understand that. This a double standard?

Further discussion? Senator Schuneman.

Thank youz Mr. President. Listening to the arguments of the sponsor and -- and some of the other supporters, I think the insurance industry must have really misunderstood this bill, because if this is a Way for them to save costs, they ought to be in here supportlng the bill. Instead of that, theylre telling me that this is going to raise costs. And of course, the Way that it would raise costs is it would open up the whole plateau of -- of - - or the whole cafeteria of services, when probably what is needed is for these services to be in a hospital setting where they can be somewhat controlled. And I think that the sponsors have missed the point of the whole thing. The -- the one thing I l96  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Want to point out is if this bill passes, it will not apply to the State of Illinois plan. It will not apply to General Motors. It Will not apply to AT&T. It Will not apply to Caterpillar Tractor Company. Theydre all self-insured. The only people who are going to have to pay for this are the small employers and the individual insurers around the State. These are the very people that on other bills the Legislature says you want to help. Now you have a case where youdre going to add costs to those same people. So we -- we ought to be a little bit consistent.

Further discussion? Senator Jones.

Yes. Thank you, Mr. President and Members of the Senate. rise in support of this legislation. And I listened to the other speakers as relate to the mandate as such. is not a mandate. What it says simply that if you offer this, then you must give the person whodll receive the benefits the choice. And I can't understand why those who are in the industry do not support this. Senator Fawell is absolutely correct. It would be much cheaper to qo to one of the licensed facility, because many of the alcoholic and substance abuse persons in this State -- their problems are psychologlcal as Well. So they can receive the proper treatment. It is much cheaper. The insurance industry would save money along those lines. So for them to be in opposition, really don't understand why they're saying they are opposin: something thatls going to save them some money. This bl1l had a good hearing. The vote was -- I believe was tied in commikkee. And this is the reason Why it's on Senate Bill -- 942. And it should receive your favorable consideration.

Further discussion? Senator D'Arco.

197  ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23z 1991 Thank you. Mr. President, I rise in strong support of this bill. We are -- we lre not mandating employers to cover alcoholism and drug abuse instances of employees. That's already the law. That's already been mandated. What We dre saying is that these providers have an option to provide services for these people at a cheaper cost than it would cost if they have to be in a hospital to :et this kind of treatment for their problem. When we talk about double standards in this Chamber, I'm really amazed . We sat here an hour ago and voted for a bill that said that if you are convicted of a controlled substance violation, your driver's license is suspended for two days -- two days -- tWo years. And yet, we stand here and say to the public, we are concerned about your drug abuse disease. We are concerned about your alcohol-related problem . We want to help you. We want to cure you so you can become a strong, effective member and contribute to our society in any capacity that you're capable of. What are we - hypocrites here? Is that what we are? Come off it. What are we goin: to do tonight? Go out and get bombed? Who's Bsing who? What's wrong with you people?

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

Thank you, Mr. President. Let me point out a couple of things in closing. One of the things that IKDDA brought to our -- our attention, as I agreed to sponsor this bill, is that in many doWnstate Communitieg, thgre is not a rural hospital available - that sometimes the kind of treatment available is through a counselor or some other licensed facility from DASA. This broadens the number of people that can receive: not only treatment, but inexpensive treatment. I would like to second what Senator Fawell has said, as I have had many calls just like this in my office tellin: me that their son or daughter has used up 198  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legkslakkve Day May 23, 1991 their policy requirements through a hospitalization, and noW they need outpatient help, and the insurance has run out. The amount of insurance has run out, and theylre not able to solve their addiction problem. This would, in some cases, enable an ongoing, lengthier time at a smaller cost per week to the patient and the patient's family. The insurance industry is oppcsed, because initially, it takes a little bit to put the mandate Down the line, the cost wll1 amount to thousands of dollars per patient. And 1et me reiterate to you what the Department of Public Hea1th has said. This legislation Will enable persons needing substance abuse treatment to utilize their group insurance policy to pay for DAsA-licensed providers of their choiee. It will also increase the number of treatment options available. Certainly as we debate the number of bills on DUI and drug problems, we must also do something to be sure those people are helped, are cured, and put back as productive citizens. This bill will help to do that. urge your support.

Question is, shall Senate Bill 942 pass. Those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have al1 voted who wish? Have al1 voted who wish? Have a1l voted who wish? Have a1l voted who wish? Have a11 voted Who Wish? Take the record. On that question, there are 31 Ayes, 24 Nays, 2 votinq Present. Senate Bill 942, having received the required constitutional majority, ls declared passed. 946. Senator Welch. Read *he bill, Madam Secretary, please.

Senate Bill 946. (Secretary starts to read title of bill)

I'm sorry. Wait a minute. Hold Hold Senator Schuneman, for what purpose do you arise? l99  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

I wanted to ask for a verification on that.

That request is in order. A1l you have to do is, again, put your liqht on, please. Gentleman has requested a verification. Will the Members please be in their seats. Madam Secretary, read the affirmative roll.

The following Members voted in the affirmative: Alexander, Berman: Brookinsx Carroll, Collins, Cullertonx Daley, D'Arco, del Valle, Demuzio, Thomas Dunn, Fawell, Hall, Holmberg: Jacobs, Jones, J.E. Joyce, J.J. Joyce, Keats, Kellyz Leehowiez, Leverenz, Marovitz, Newhouse, O 'Daniel, Rea: Severns, Smith, Vadalabenez Welch and Mr. President. PRESIDENT ROCKJ Senator Schunemanr you question ehe presence of any Member?

Senator Demuzio. PRESIDENT ROCK) Seated at my right, as always.

Oh, IIm sorry. Jeremiah Joyce.

Senator Joyce on the Ploor? Senator Joyee on the Floor? No. The other one. Senator Joyce on the Floor? Strike his name.

Senator Lechouicz.

In his seat. SENATOR SCHUNEMANJ Senator Kelly. Oh: he's there. Okay.

200  STATZ OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 In his seat.

Senator Keats.

Senator Keats on the Floor? Senator Keats on the Floor? Strike his name.

That's all, Mr. President.

A11 right. The roll has been verified. There are 29 Ayes, 24 Naysz 2 voting Present. The sponsor requests that further consideration be postponed. All right. Ladies and Gentlemen, 1et me just admonish you -- itls the hour of four o'clock. Everybody is concerned about the sehedule, both remaining today and tomorrow. WhaE I'd like to do is, if possible, have everybody take a deep breath and -- and remember how they're çoing to vote on these bills without the necessity of showing everybody how lucid they are. Wedre goin: to try to move through the next three or.four.pages With.some dispatch. There are seven bills that ' Members have ïndicated they wish to place on the Recall to have the opportunity to amend. And then We have the appropriation bills and the Agreed Bill List. We will move to that order at approximately six o'clock. So we've got tko hours to stay on thks Calendar. And I would just ask you please to vote early and often. 946. Madam Secretary: read the bill, please.

Senate Bill 946. (secretary reads title of bill) 3rd Reading of the bill.

Senator Welch.

201  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 32nd Legislative Day May 23# 1991 Thank you: Mr. President. This bîll amends the Asbestos Abatement Act, making it clearer When or if asbestos should be removed from our schools. A recent article in -- here in Illinois indicated that recent research indicates that the health hazards posed by asbestos fibers are not of the same nature and maqnitude as earlier suspected. The purpose of thks bill is to stop removing asbestos when it's unnecessary to do so. And the way we are tryin: to do that in this bill is to set certain standards that asbestos is to be removed under, in particular, when the Pederal Government says it has to be removed; if the local school board votes to remove if the material is incidental to normal operations, maintenanee or repair; required by Asbestos Hazard Emergency Response Act; it's necessary in order to perform Health, Life and Safety alterations; and if therels demolition. Many schools have complained that theydre spending so much of their budget and having to raise taxes to move -- remove asbestos from the schools. We would like to try to do something to slow down that rush when it may be unnecessary. T'd be glad to *ry to answer any questions.

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

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

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he w1ll yield. Senator Raica.

Senator Welchz I don't know if you can even answer this, but remember back in the paper they had a11 these schools and all the money that was needed to remove the asbestos from the schools. guess my question -- the impact of your proposal on what the Chicago public school wants to remove from their schools. Will that make lesser or greater or Will that have no impact 202  STATE OF ILLTNOIS 87th GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23e 1991 whatsoever on -- on -- on currently what needs to be removed from the schools now? If you can...

PRESIDING OFFTCER: (SENATOR DEMUZIO) Senator Welch. SENATOR WELCHJ There is a general feeling that I've noticed that if you have asbestos in your school, you feel that you should remove Under this bill, it says that not -- that is not necessarily the case. The worst kind of asbestos is friable asbestos - stuff that's free-floating. If you put your hand in turns to dust, and ït gets into the air. That's the worst part friable asbestos. This bill may or may not affect that list, because it depends upon the reasons they were removing that asbestos. If was being removed because it was falling out of the ceiling, then they Would probably have to go ahead. If they were doing it as part of an overall plan, and they didn't really have a particular reason - they just thought they had to do it - yes. They wouldn't have to do it under this bill. This is a bill that has been introduced in Michigan. It's being debated this year in Michigan. I know it passed their Senate 37 to nothing. But the answer to your question is in some instances, it could result in asbestos not being removed, because it may not be neeessary to remove it.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica.

Just one last quesEion, Senator. Would there be like a requlatory agency that would -- that would -- would come out and say. yes, this ls the aàbestos that would have to be -- in other words, is there like a final word in determining or will will there be some schools that slip by and -- and some -- IIm just worried if I vote for this that something that's -- that's needed to be removed won't be removed because of this legislation. Are 203  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 you saying that there's going to be some type -- at least safeguard that's put in place to allow that not to happen?

PRESIDINC OFPICER: (SENATOR DEMUZIO) Senator Welch. SENATOR WELCH) The Publkc Eealth Department can come in if there's any problem, and determine whether it should be removed or not. Or the school board, on their own volition, can vote to remove

PRESIDING OFFICER: (SENATOR DEMUZTO) Purther discussion? Senator Holmberg.

Thank you, Mr. President. As I look at this bill: Senator Welch, I think that it's an idea that we should have had maybe even a few years ago. I can remember some very dramatic testimony in Education Committee of the Rockford School District architeat who was absolutely appalled at the request of the Federal Government for all asbestos to be removed from school buildings. He said unless the asbestos is loose already, and the fibers are present in the air, What you are doin: is increasing the risk to all the ehildren that occupy that building, not only for that present tlme but in future years. You're better off to leave if it's stable and not touch it. The health of the ehildren of Illinois is very much dependent on -- that We treat this properly and not induce problems that were not there in the first place.

PRESIDINC OFFICER: (SENATOR DEMUZIO) Further discusslon? If note Senator Welch may close. SENATOR WELCHJ Thank you, Mr. President. I'd just like to say that asbestos were as an important a carcinogen as -- as everybody seems to think it is# there Would be a correspondingly high incidence of this disease among people working directly with asbestos. And it just doesn't hold to be true. think that this 204  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 is something that We need to move on to the House. I think will save our schools a lot of money. And this may be somethinq that keeps our taxes low for a change.

PRESIDING OFFICER: (SENATOR DEMUZTO) Question is, shall Senate Bill 946 pass. Those in favor kill vote Aye. Those opposed, Nay . The voting is open. Have all voted who Wlsh? Have a1l voted who wish? Marcia. Have a1l voted Who wish? Take the reeord. On that question, the Ayes are 58, the .Nays are noney none voting Present. Senate Bill 946, having received the required constitutional majority, is deelared passed. Page 948. Senator Welch. At the top of the page: Senate Bills 3rd Reading, is Senate Bill 948, Madam Seeretary.

Senate Bill 948. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. Preskdent. Thi: bill creates the Environmental Labeling and Advertising Act, requiring any business promotin: a product' on a groeery shelf, basically, as environmentally superior, to maintain records documenting that claim. There was some controversy in committee as to whether there should be a Federal standard. While a1l of us uould like to see it, we often find the Federal Government not in a rush to do so. So to meet those objections, an amendment was put on this bill yesterday changing the effective date to January 1 of 1993: and becoming effective only if there are no national standards to determine if advertising of products is correct. What we're talking about with thks bkll ks uhen you go down the aisle of the grocery store, and you see some garbage bags that say ''These W1ll degradez'' ''These 205  STATE OP ILLIHOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 are good for the environmentzl' These have a green stamp of approvaly'f that's fine. Al1 wedre saying is you need to prove the case. The amendment also changes the recyclable definition to make it clearerz to insur: that the product is realistically, not theoreticallyy recyclable. It also requires documentation of the amoune of recycled material contained in the product that they say is recycled. I'd be glad to answer any questions. PRESIDING OFFICERI (SENATOR DEMUZIO) Discussion? Senator Donahue.

Well, thank youe Mr. President, Ladies and Gentlemen of the Senate. rise in opposition to this bill. And I realize that Senator Weleh has addressed one of the committee's concerns in regard to -- this should be a Federal issue and not state-by-state. But -- remember correctly, this morning Senator Weleh talked against an amendment on the Recall List because itls already in existin: Statutes. And there is Statutes that address this very situation. And it deals with labeling statement of any-sort regarding the merchandise -- that it -- it affects this, and it's a Class A misdemeanor. And I the other objeetion that I would raise with thls legislation is that it -- it affects manufacturers or -- Wait -- consumer goods which is manufactured or distributes is consldered under this law. And that would, if you're in the distribukion system , retailers, the qrocery stores, people of this nature are going to have to address the stipulations tbat he has ln this bill. And they have to keep reasons -- they have to meet a1l these types of obllgations. And I think itls a bad situation - bad bill. It's already addressed under existing lawr and I would hope we can vote No.

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

206  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd LegiElative Day May 23# 1991 Thank -- thank you, Mr. President, Members of the Senate. I hope the Body was listening to what Senator Donahue said. Senator Welch, think this bill goes much farther than you really Want it to go. This Would be an absolutely unbelievable burden upon the retailer or the people who are in khe distribution system in in this State, as we read the bill. And I -- I don 't know whether this Was -- I don lt think this was addressed in any of your amendments, but tbey would have to keep records literally, I think, on every single product that they sell. And -- and if you read through this languaqez makes it a burden that I don 't think retailers in this State want to become involved with. So I think, Senator Welchy thls goes much *oo far. And I think we ought to take another look at thls and -- and vote No.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. First of all, it's going -- going to create extra cost to that person produeing the product. Theydll probably have to throw a1l their labels out, buy new labels - larger labels. Now who's going ko end up paying for that? will tell you the consumer. Secondly, 99.9 percent of the people donft even read the labels. And -- and quite frankly, it's a great inconvenience. It wasn't good in committee. Itês not good on the Floor, and we ought to kill the thing.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Watson. SENATOR WATSON) Yes. Thank you, Mr. President. This seems like an effort that ought to be done on a natlonal level instead of at a -- at a Statewide level because of the problems it's goin: to give to the manufacturers. But I'm -- I'm just curious: Senator. I'd like to 207  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 ask Senator Welch a question if he kould yield, please. Would -- have you worked with the Illinois Retail Merchants Association, and if, in fact, you have: are they in support or opposed to ehls bill?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch.

In the committee: Senator: they raised the same concern you did - that there should be a federal standard. We put in the amendment that was added to the bill the -- the statement that it doesn 't -- the bill doesn't go into effect until January 1 of If therels a federal standard, ik doesn't go lnto effect at all. So -- so we took what IRMA said they objected to and put it into an amendment as best as we could.

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

Do they have a position on the bill then?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

They may have a position because of the issue that Senator Maitland raised. Let me -- let me point out that we didn't intend to go beyond the, basically, manufacturing. Many manufacturers manufacture it then distribute it. Thatfs Why We use that terminology. It's not meant to include the owner of the grocery store . It's meant to inctude the companies that make Oxydol and Tide and Glad Bags and Glad Wrap - Who put on their produets, ''This is good for the environment.'' Well, al1 weire saying -- that if you are going to put that on there - and there arenft a lot of products that do that - but if you do, prove it. You know, show that it's true. It's basically a truth-in-advertising piece 208  STATE OF TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 of legislation more than anything else.

PRESIDING OFPICER: (SENATOR DEMUZIQ) Question is, shall Senate Bill 948 pass. Those -- a11 right. Sorry. Senator Butler.

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

PRESIDING OFPICER: (SENATOR DEMUZIO) Sponsor indieates he will yield. Senator Butler. '

I have a question. Throughout the bill it references Statewide. Does tbis pertain only to products manufactured in Illinois? What about products that are manufactured in other states and brought in here? HoW are they going to conform to this 1aW?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Welch.

Well, we have standards on a 1ot of products that companies have to meet. It applies to everybody if you manufacture in Illinois or if you bring it in Illinois. Wedre trying to protect Illinois eonsumers by sayingy ''If you sell in Illinois, meet our laws.'' The same thing we say with a1l of our other laws.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Butler.

What you're saying then, Senator, is that products brought in here from outside the state must conform to Illinois law in toto?

PRESIDINC OFFICER: (SENATOR DEMUZIQ) Senator Welch.

Absolutely. We don't legislake just for Illinoisans.

PRESIDING OFPICER: (SENATOR DEMUZIO) 209  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23y 1991 Senator Butler.

Senatore can you possibly imagine the ehaos we would create that they'd have to have a package for Illinols or change their packaging to conform to Illinois?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch.

Senator, all they bave to do is tell the trueh on their label. Don't put the label on if it's not true. That's a11 wedre saying. don't think it's a burden at a1l to tell the truth . I don't see that as a burden on anyone.

PRBSIDING OFPICER: (SENATOR DZMZZIO) Senator Butler.

Senator, with al1 due respecte I can tell you, as a former manufacturer, this would be a mess.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch, do you wish to close? Senator Weleh.

Well, you knowy sonetimes :etting manufacturers to comply with the law may create what you call a mess. For whom? What about for the people who are going down the aisle with a grocery cart and ean't decide what product to buy but want to do something that's not going eo harm the environment? What choice do they have? 0h, this is golng to create -- this is going to be trouble for the manufacturer to tell the truth. The Lord knows, they're trying to outsell the produet next to it on the shelf. So they make even bigger claims about being friendly to the environment, because that's what's sellinq products. You know, MeDonald's just changed from their usual paper bag to a biodegradable bag. You think they did that for environmental 210  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 purposes? They did it because al1 of these kids were suddenly interested in the envlronment. They were afraid they Were going to lose them to Burger King or some other store. It's the competition that wefre looking at, and all wefre saying is, ''Compete by telling the truth on each product, and 1et the consumer deeide.'' This is a pro-consumer bill. It's a truth-in-advertising bill. It's not asking too much. I ask for an Aye vote.

PRESIDING OPFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 948 pass. Those in favor will vote Aye. Those opposed, Nay. The votinq is open. Have al1 voted who wish? Have a1l voted Who wish? Have al1 voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 25, the Nays are none voting Present. Senate Bill 948, havinq failed to receive the required constitutional majority vote, is declared lost. 976. Senator de1 Valle. On the Order of Senate Bills 3rd Reading ls Senate Bill 976, Madam Secretary.

Senate Bi1l 976. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator del Valle. SENATOR dEL VALLE: Tbank you, Mr. President. Senate Bill 976 amends the Illinois Wage Assignment Act. It changes some of the language used on forms to make that language elearer to the wage earner, and it complies with federal 1aW. Currently -- federal 1aw allows for wage assignments to be revoked. What We do is make it clear that the wage earner has that right, by ehanging the language. Now, this change in the lanquage will take effect in July of 1992, 2l1  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 which would allow sufficient time for indlviduals to change their forms.

PRESIDING OFFICER: (SENATOR DEMDZIO) Discussion? If not, the question is, shall Senate Bill 976 pass. Those in favor will vote Aye. Those opposed, Nay . The votinq is open. Have all voted Who wish? Have a11 voted who wish? Have all voted who wish? Take the record . On that question, the Ayes are the Nays are 9, 1 voting Present. Senate Bill 976, having received the required constitutional majority vote, is declared passed. 998. Senator Daley. 0n the Order of Senate Bills 3rd Reading is Senate Bill 9-9-8, Madam Secretary.

Senate Bill 9-9-8. (Seeretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Daley.

Thank you: Mr. President, Members of the Senate. Senate Bill 998 would affect the City of Chicago only. And what it does is -- gives individuals Within that city two courses of action in order to vote a tavern dry. To flle the petition with the clerk -- city clerk, submit it to the voters to prohibit the sale of alcohol at a specific address or to file with the liquor eommissioner to have the license of an establishment at a specific address suspended for one year. I know on 2nd Readingy Senator Hawklnson came up with some concerns regarding the three separate arrests. There -- an amendment will be filed ln the House eorrecting thaty Senator the concern that you had regarding that. I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) 2l2  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23y 1991 Discussion? If not, the question is shall Senate Bill 9-9-8 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have a1l voted who Wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 56y the Nays are none: none voting Present. Senate Bill 9-9-8, baving received the required constitutional majority, is declared passed. Senate Bill l002e Madam Secretary: please.

Senate Bill 1002. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. As amended, Senate Bill 1002 would now provide a unifora and simple system to make the State truly like everybody else in this State, and that is to provide for the prompt paymenteof 'its bills. It would say that at the end of a sixty-day cycley deflning whae are goods and services and defining when the starting point begins, that the -- a vendor kho, in effect, ts loaning money to the State: would then be eligible to receive the Statutory interest, and that Would be automatic. It Would be done by separate voucher. And I would be willing to answer any questions, ask for a favorable roll eall. I think everyone is Well aware of the problem, and I am glad that we have a very large and bipartisan support to the solution.

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

Will the sponsor yield for a question? Are We saying, in 2l3 : i  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 effect, that wedre going to pay twenty-four percent interest on -- on any bill?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Carroll.

Senator Pawell, that is Ehe eurrent law. The eurrent 1aw has - - has been two percent a month as under the Prompt Payment Aet. The problems with the Prompt Payment Aet -- first of all, the reason ke weren't as aware of the issue ls beeause until now, the State kasn't quite as late in payin: its bills that -- as it has been this year. So you didn't see a hue and cry. You did see hundreds, maybe thousandsz of people applying, but not like youdre going to see now. But the problem was that under the Prompt Payment Act as existed: aqencies trled to put as many roadblocks in front of people as possible. Even though the 1aw said it was to be two percent a month: you had to wait until you got paid which could be six: eight months after the fact fcr example, pharmacies, nurstng homes and hospitals now have not been paid since December. They dre not eligible to even ask for interest until they get their voueher. Then they have to do it in writing. Each agency had its okn Way that you had to do and it just wasn't fair.

PRESIDING OFFICER: (SENATOR DEAUZIO) Senator Fawell.

What happens if, for instance, my -- my telephone voucher telephone bill voucher -- you knowz I send it in# and the Comptroller doesn't pay it riqht away: but they don't ask for an additional charge? Are we going to turn around and give them tWo percent just because we've got so mucb money? PRESIDING OFFICERZ (SENATOR DEMUZIO) Al1 right. Senator Carroll, for a brief reply. 214  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23: 1991 SENATOR CARROLL) The phone company does charge. PRESIDING OFFICERI (SENATOR DEMUZIO) Senator Fawell. SENATOR FAWELL) right. Some -- you know -- some voucher that I put in Where they don't charge. Are we just going to go ahead and give them that two percent? My stationery store doesn't charge until ninety days.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Not under twenty-five dollars. They 'd have to ask for it if it's under twenty-five dollars.

PRESIDING OFFICER: (SENATOR DEMUZTO) Purther discussion? Senator Watson. Senator Watson.

Wellz thank you, Mr. President. State ought to pay. State ought to pay twenty-four percent. Maybe we 'd become a priority - we being the Medicaid providers of this State We'd beeome a priority in paying bills. ehis would get the State off their duff and naybe paying the bills as theylre responsible to do. And I -- support this -- this effort, and would urge ehe rest of the Members to do it also.

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

Mr. President, Ladies and Gentlemen of the Senatez -- I concur with my colleague here: but now is not the eime to :et any such payments out. So I don't think we have the means as is. Welre one billion two hundred million in the hole, and I dondt think tbis is the time for this bill, and I speak against it. 2l5  STAIE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Further diseussion? Senator Carroll, you wish -- the -- Senator Carroll.

Roll call. PRESIDING OFFICER) (SENATOR DEMUZIO) The question is -- question is, shall Senate Bill 1002 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who Wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 50, the Nays are 4, none voting Present. Senate Bill 1002, having received the required constitutional majority, is declared passed. 1003, Mr. Secretary. Read the bill, please.

ACTING SECRETARX: (MR. HARRY) Senate Bkll 1U03. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENAQOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Several things brou:ht this really to my attention, and I think the attention of several other Members. Xou know, We're supposed to be a government that -- thatfs open, that advises -- the people that advlses the Members of *he General Assembly and Executive Branch working ln cooperation With the General Assembly. We've seen, however -- and I'm not casting any guilt upon the current or even the past administration. We just had a very bad procedure in place when it dealt with the business ineentives that DCCA Was supposedly granting to various companies. Weg the Members of the General Assembly. to use ehe colloquialism, Ncatch the heat.'l 2l6  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislatlve Day May 23# 1991 People say to us constantly, ''Why did you do this dumb thinq and give this multimillion-dollar qrant to some company that didn't mean it -- didn'k need it?'' And we knew nothing about it. Ory ''Why d1d you qive a loan to XYZ loeation that was supposed to create a hundred and eighty-seven jobs, did not create a single job, but gok a two-percent loan or a three-percent loana'' And we knew nothing about it. The only choices wedve ever had is to say, after the fact: that we w1ll no longer fund the second year of the appropriation of the deal that was made: or -- or not fund the bond payments. Well, that's something welre always afraid to do, 'cause it might jeopardiize our credit rating or our bond rating. Yet we were never informed - never enlightened of what the proposal was, and never given an opportunity to reaet. In addition, the Auditor General found, with quite explicit detail: that the Deparkment Wasn't monitoring any of the programs they were offering. The Department never looked to see. If a person came in and said to them, HGive me a no-interest loan a low-interest loan and I will create jobs,' fand they throw the money at them, and never found out did they even create a single job. Other states do not do it thak way. Other nations do not do it that way. In fact, outside of the U.S., there are very severe penalties you lied to government when you went in for some incentive. Here we are suggestinq enlighten, advise the General Assembly before a deal is made, so that if wew the General Assembly, feel this is not an appropriate use of funds, we're not being accused Qf comin: in after and destroying somethkng Ehat's already been built by not funding it. We're actually helping both business and government by saying, ''If it's worthy of being approved, we will a1l sign on.'' I would ask for an adoption -- passage of Senate Bll1 1003.

PRESIDING OPPICER: (SENATOR DEMUZIO) Discussion? Senator DeAngelis.  ! ! I ETATE OF ILLINOIS I 87th GENERAL ASSEMBLY I REGULAR SESSION E SENATE TRANSCRIPT i 32nd Legislative Day May 23, 1991 I I l SENATOR DeANGELIS: Thank you, Mr. President. Xou know, this bill Would probably not be so shocking if it were submitted by anyone else. But there's no one Who has more talent in the art of nesotiations than the person who's sponsoring this bill. And frankly, I'm really surprised that be wants us to autboriae an agency of government - which is entrusted with the responsibility of securing business - to fla: in advance what theyfre qoing to do, so the Whole world can know it, so we could lose the opportunity to bring that person here. Relocation: location, expansion are all negotiated items, Senator Carroll. And no one is a better negotiator than -- are. How would you, as the Chairman of Appropriations, have to walk into the committee and tell everybody else in the General Assembly, ahead of timey what you think -- what you want to do in terms of a cut on an agency or an increase, and then wait to 9et the approval from everybody before you could, in fact, do anything as chairman. Now you made reference to the Auditor General report. I have been a chair of khat commission. And of the twelve years I've been on the commission and the ten years I've been chairman, only one report - only one report - kas not accepted, and that's the report that you made reference to. The fact of the matter is that what they were cited for is following what they were Statutorlly advised to do. And the fact Was that they did not feel that the direction they went was as -- as tarqeted as -- as it should be. But they did what, in fact, the General Assembly wanted to do. And I'm qoin: to *ell you rlght now, I would love to be someone in competition with Illinois and have this Illinois 1aw on the books, because essentially, you are taking away their most potentlal device. Now in terms of some of the other things youfre talkinq about, they're already required to do. You want to make this prospective? 1611 -- 1'11 go on and co-sponsor with you. But to have to have an agency go into I 2l8  i I STATE OF ILLINOIS ; 87th GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT I 32nd Legislative Day May 23, 1991 negotiations in which they are competing with somebody else and having to publicly flag what theylre going to do in advance not only is qoing to cost you more money, but could, in reality, lose the elient as Well. PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Weaver. SENATOR WEAVER : Question of the sponsor, Mr. President. PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Weaver. SENATOR WEAVER : Senator Carroll, is there not an advisory commission to the Director of DCCA who passes on all ehese requests and recommends to the ageney whether or not to issue or -- or make loans? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll. SENATOR CARROLL: To the best ot my knowledge: not in the large ineentive category. There may be other advisory committees tlat he has; ' they are surely not Members of the General Assembly. Let me take a momene, Senator Weaver, if I might, even to refresh Senator DeAnqelis as well. This says after the deal has been negotiated. Wefre not saying before. Go neqotiate your deal, Senator DeAnqelis. Go negotiate your deal. Brinq us the final product. Wefre not saying negotiate With us. Negotiate the deal. Bring us the final product. I don't know that any of them have advlsory committees, but I don't think, Senator Weaver, you are a Member, or Senator Philip or Senator Rock. We suggesked, for exampler to the Department yesterday - they came to see me and said they Wanted to discuss ity then changed thelr mind for some reason - that there be some type of advisory to the four leaders if they want to keep it confidential. That's acceptable to me. And if 219 I  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSPRIPT 32nd Legislative Day May 23, 1991 the leadership sees no problem -- or then if they do, the leadership can advise the Membership. But to the best of my knowledgez there is no - in the large-loan category particularly there is no advisory panel, and am sure that there is no legislative input into any of that.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Weaver.

Well I -- I have dealt With the agency on small loans, expansion of plant, et cetera, and I've always been told that the advisory committee is going to meet and approve or disapprove or recommend this, that or -- or the next. And you say, Well, where do we stand on the priority list of the advisory committee? So know there is input from others other than just the Director of the agency in providing or granting these loans or recommending these loans.

PRESIDING OFPICER: (SENATOR DEMDZIO) Further discussion? Senator Schunemah.

Thank you, Mr. President. Question of the sponsor. Senator, is the flfty-thousand-dollar threshold still in the bill? PRESIDING OFFICER) (SENATOR DEMUZIO) Senator Carroll.

Yes.

Well, then to the bll1, Mr. President: I think we all want to be in the business of economic development, but to bring before this General Assembly, and thereby make public, every transaction in excess of fifty thousand dollars just doesn't make any sense at a1l to me. That's a very low threshold. I Wouldn't be opposed, Senator Carroll, to something similar to what ydu suggested 220  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 before, that on loans or involvement of the DCCA in very, very large projects that probably there ought to be some reportins to the General Assembly. But this isn't realistie. This would have - - this would have a multitude of DCCA transactions subject to the kind of political maneuvering that We see go on here a11 the time, and I really donlt think We ougbt to do that, regardless of which party is controlling DCCA.

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

Thank you, Mr. President, Members of the Senate. Question of the -- of the sponsor, please.

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

Yes. Senator Carroll, do you have defined in in the legislation what incentives you're talking about? Are you talking about every program that are incentives, that could total fifty thousand dollars or more?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

It says yes - whenever the Department offers incentives that total fifty thousand or more. 0ne of the audit findings included the fact that many of these were never written agreements. There was never anything in writinq. And -- and, you knowg you got to have something on paper. When you're spending fifty thousand of taxpayer dollarsw there should be some kind of file, something in writinq.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Woodyard.

22l  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Well, it's my opinion that in the applications the agreements are -- or the amount of money is there. And -- and you ire talking about CDAPS, HITS, ITPS, JTPAS - a11 of those various types of programs ehat I guess fall into the definition of incentive and -- okay. A report to the General Assembly, in other words, a -- an incentive program or package put together when we're not in Session - what -- what -- what do they do? Do they file a separate report to individual Members when we lre not in Session, or what vare you doing with that?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Tbe 1aw is the law, Senator Woodyard. You file it with the leglslative leadership or the Secretary of the Senate. That's a11 that's required, whether We're in Session or welre not in Session.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Woodyard.

Okay, and last question: How many of these incentive packages during the last year would this bill have applied to, had it been in effect at that time?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

The problem is that so many of them were not in writing that we have no idea.

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

Thank you, Mr. Presidene. This morning T attended a breakfast at DCCA for neW Legislators, and I Was quite impressed with the menu of pro:rams which they are offeringy particularly to small 222  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23g 1991 businesses in al1 parts of the State. Now, this is a case Where the sins of the father are being visited on the son, I think ke ought to back off from that a little bit, and give the new DCCA a chance to show what it c'an do under different conditions. was impressed, and I think this would have a depressin: effeet if they had to go through a1l this paperwork every time they made a small m ove .

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Purther discussion? Senator DeAngelisz for a second time. SENATOR DeANGELIS: Yeah. Thank youe Mr. President. And and really apologize: but there is a correction that has to be made. I will read you your bill, Senator Carroll. says, ''Whenever the Department offers incentives in an aggregate total of fifty thousand dollars or more ... the Department shall advise the General Assembly before consummation of any agreement with the firme'' is not prospeetive. Negotiations are not done till consummation is done.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Carroll.

Senator DeAngelis, you of all people know the difference between negotiations and discussions, and there's other words for it, and consummation. And What this says is before consummationy which means after the State has qone in and completed all of the prior discussions - the dance, the whole thing and befcre consummation, they have to advise the General Assembly.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGELIS: think you're usin: consummation in a marital sense. No. 223  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Wait. Wait.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGELIS: These negotiations arè not really done -- pardon? There not done. If 1et me just give you an example, 'cause this has happened in my area. Suppose that there's somebody who wants to move into your area, and DCCA makes an offer, and it becomes public to me, and I want it in my area. Then I turn around and get some local ads, somethin: else to it. You lose the client, even though it's ehe same amount for DCCA from both places, even though they may have agreed to qo on your place. The fact is, consummation means consummation. And -- and -- and you have not completed the negotiations.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further dlseusslon? Senator Carroll may close.

Thank you. Senator -- 1 mean, I'm really surprised. really am surprised. Why are we afraid of sunset and sunrise and light being here? %hy are we afraid of letting people know before someone else? Some bureaucrat commits us to millions and, yes, hundreds of millions of dollars, over which they then say, we have no say in this matter - we: the General Assembly. Pay the bill and shut up. That's an illogical position. It's an illogical position when, in fact, they have no written documentsr no penalties if these people come in and steal your money and 1ie to us# with nothing We can do about it. Nothing noW requires them: as this bill will now do, and say if they fve lied to us, a penalty. If they did not create a job, grab the money baek. Charge them a fine. Why should we be afraid of knowing, after they have made a deal - after they have negotiated, but before the signature goes on the line, that we are committing the next ten or 224  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 twenty years to paying for some deal? We get the blame for after the fact. This Governor, in fact, has said. no deals.' There will be no incentives. A1l the more reason to say, let us know before it is consummated. Let us have that advisory. And you Want to give it to the leadership? That's fine. But the General Assembly has to be informed. There should be no more backroom secret deals, especially those that have never had any criteria in them . This ls open and honest government, and everybody should be voting for it.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 1003 pass. Those 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? Have all voted who wish? Take the record. On that question, the Ayes are 30# the Nays are 25# none voting Present. Senate Bill 1003, having received the required constitutional majority, is declared passed. Senator DeAngelisz for what purpose Jo you arise? Senator DeAngelis, for what purpose do you arise? Senator DeAngelis has requested a verification of those that vcted in the affirmatlve. Mr. Secretary, would you please read the names of those Members that voted in the affirmative, please.

ACTING SECRETARY: (MR. HARRY) The followinq voted in the affirmative: Alexander, Berman, grookins, Collins, Cullerton: Daley: D'Arco, de1 Valle, Demuzio, Thomas Dunn, Hall, HaWkinson, Holmberg, Jacobs, Jones, J.E. Joyce, J.J. Joyce, Kellyy Lechowkcz: Leverenz, Luft, Marovktz. Newhouse, Rea, Savickas, Severns, Smith, Vadalabeney Welch and Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis, do you question the -- any Member who voted in the affirmative? I'm sorry. I beg your pardon. Senator Kelly, for what purpose do you arlse? 225  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Le:islative Day May 23, 1991

Excuse me, Senator DeAngelis, but I Want to point out something that there Was not only Senator Carroll's key, but Senator Marovitz's key and my key. All three of us were turned. And don't know who did this: but please refrain from it in the future: because one key might be an accident. Three isndt.

PRESIDING OPFICER: (SENATOR DEMUZIO) As a matter of fact, Senator Carroll is not even votinq on this proposition. Senator DeAngelis. SENATOR DeANGELIS: Well, I -- I think that the hand of God would not 1et him push his own button. The bill was that bad. Yeah. Senator Alexander.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is Senator Alexander on the Floor? Senator Alexander on the Ploor? Strike her name. On the verified roll call, there are 29 Ayesy 25 Nays. Pbstponed Consideration has been requested. êostponed Consideration. 1-0-1-5 is on the Recall List. Senator Brookins. 1-0-1-7. Senator Brookins. 1017. 0n the Order of Senate Bills 3rd Reading is Senate Bill 1017: Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1017. (SecreEary reads title of blll) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Brookins.

Thank you: Mr. Presidènt. This -- this bill would require the Department of Public Health to conduet an analysis of a11 the Pederal Government methods and establish a tolerance for harmful and -- and food substanees. This is an amendment that was prepared by the Department of Public Health. They approve of and I ask for a Do Pass. 226  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there a discussion? If not, the question is shall Senate Bill -- Senator Davidson.

Well, in spite of the amendment that went onr my understandinq ks the Department of Public Health is still opposed to this, 'cause Jif they do a literature search, it's going to cost time and money, and what are you going to fund it with - for the employees to do the literature search?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Brookins.

Could I ask for Senator Schuneman, I think it is. Will he answer? I've had the Director down, we satisfied everything, and I think he can speak to that.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schuneman.

Well, Senator, ' I think you' got a different bill in mind. We talked about the bill on aging.

PRESIDINC OPPICER: (SENATOR DEMUZIO) All right. Senator Davidson.

Well, my understanding is not only you haven't answered my question about the funding, but also I understand the Parm Bureau has opposition to this bill. Can you explain thelr opposltion?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Brookins.

You say the Farm Bureau? don't have -- they have not contacted me. I'm talking concerning the Department of Public Hea1th, who helped prepare the amendment. It is their amendment. 227  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 They have removed a1l opposition to it, and they 're in favor of They did not know what is. So I ask for a favorable vote. I don 't know anything about the farm people.

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

Well, then let me speak in opposition to the bill. If this is going to be done - what you're asking - the most logical way to do it is on the federal levele where it Will apply all across fifty states. As it is nowr youdre setting up a problem just as it Was on a earlier bill that was discussed. The Illinois Retail Merchants Association, I know, are opposed to this bill, 'cause it's goin: to create a burden upon that retail merchant who has no control of where the product is manufactured or processed. I urge a No vote.

PRESIDTNG OFFTCER: (SENATOR DEMUZIO) All right. Further discussion? If not, Senator Brookins may close.

Thank you, Mr. President, and to the Senate: Senator Jacobs say that he has the largest farm area in this State. If he -- if they were in opposition to it, they Would have contacted him or someone. They would have contacted my office. They would have contacted our staff member. So we donît know anything about what the farm people are talking about. But I am saying to you that the Department of Public Health said to me that khey ean conduct this study with existing staff. It Would not upset them too much, and they need to know what these tests are that the Federal Government are imposing on them . When they testified in committee, they did not know -- they did not know what these exams consisted of. And that is the substance of this bill and the amendment which we put on ask for a... 228  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 1017 pass. Those in favor will vote Aye. Those opposed, Nay. The votinq is open. Have a11 voted who wish? Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 26, the Nays are 26, none voting Present. Senate Bill 1017, having failed to receive the required constitutional majority: is declared lost. 1025. Senator Jones. On the Order of Senate Bills 3rd Reading is Senate Bill 1025, Mr. Secretary. Read khe bill.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1025. (Secretary ieads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Jones.

Yeah. Thank you, Mr. President, Members of the Senate. Senate Bill 1025: as amended, amends the'Insurance Code to enable counties and -- and municipalities to recover delinquent real estate taxes for demolition expenses from proeeeds of insurance. The bill Was worked out in agreenent With the insurance industry as it relate to the -- the claims made from -- from riots, wary incidents that cause loss as a result of a certificate being filed. So it satisfied their objection, but another intent of the bill is to allow local units of government to reeoup Eaxes from insurance proeeeds when those taxes have not been paid . And I ask for a favorable vote.

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

Would the sponsor yield for one question? 229  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he Will yield, Senator Geo-Karls.

Is Amendment 2 still in the bill?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Xes, it is.

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

Then I have no objections to the bill.

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

Thank you, Mr. President. As introduced, the bill went too far, think. And a lot of us felt that way. The sponsor has amended the bill to -- so that it only includes fire and explosion now. And I think the bill is in proper order, and would urqe support.

PRESIDING OFFICER: (SENATOR DEMUZIO) The quesion is -- END OF TAPE TAPE 6

PRESIDING OFFICER: (SENATOR DEMUZIO) -- Senate Bill 1025 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted Who wish? Have all voted who wish? Have all voted who wish? Take the 230  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 record. On that question, the Ayes are 48, the Nays are 2, none voting Present. Senate Bill 1025, having received the required constitutional majority, is declared passed. Senate Bill 1038. On the Order of Senate Bills 3rd Reading is Senate Bill 1038, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1038. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1038 -- the impact of OBRA on nursing home quality care and licensure bave not yet been properly addressed. This bill is intended to make the substantive changes in conjunction with any funding changes that may occur in the Public Aid budqet. And I intend that this bill move as a vehicle to allow us to make these changes as necessary. I move its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Is there discussion? If not, the question is, shall Senate Bill 1038 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted Who wish? Have al1 voted who wish? Have a11 voted who Wish? Have a11 voted who wish? Have at1 voted Who wish? Take the record. On that question, the Ayes are 30z the Nays are l9y 5 votin: Present. Senate Bill 1038, having received the required constitutional majority, is declared passed. Senate Bill 1046. Senator Carroll. Senator Davidson, for What purpose do you arise?

Verification of the Aye votes, please.

PRESIDING OFFICER: (SENATOR DEMUZIO) 231  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 i ! A11 right. Senakor Davidson has requesked a verification of the Members Who voted in the affirmative. Mr. Secretary, read the names of the Members who voted in the affirmative, please. ACTING SECRETARY: (MR. H/RRY) I The following voted in the affirmative: Alexander, Berman, Brookins, Carrokl, Collins, Cullerton, Daley, D'Krco: de1 Valle, Demuzio, Thomas Dunn, Hall, Holmberg, Jacobs, Jones, J.E. Joyce, J.J. Joyce, Kelly, Lechowicz, Leverenz, Marovitz, Newhouse, . O'Daniel, Reay Saviekas, Severns, Smith, Vadalabene, Welch and Mr. President. PRESIDING OFPICER: (SENAYOR DEMUZIO) All right. Senator Davidson, do you question the presence of 1 any Member? SENATOR DAVIDSON: Senator Alexander. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Alexander here? Senator Alexander on the Floor? Strike her name. SENATOR DAVIDSON: ' That's enough. PRESIDING OPFICER: (SEHATOR DEMUZIO) On that question -- al1 right. On Postponed Consideration. Postponed Consideration is afforded Senator 5m1th. A11 right. 1046. Senator Carroll. On the Order of Senate Bills 3rd Reading, Senate Bill 1046, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) Senate Bill 1046. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll. SENATOR CARROLL: 232  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 i I I Thank youy Mr. President, Ladies and Gentlemen of the Senate. This bill, as now amended, at least has taken care of some of the opposition to the legislation in the fact that certain vendors to the State - those with supplemental life insurance - thought we were singling them out only. We have amended it now to say that any of these services have be to paid for, except for those types of insurances that are offered by the State and for charitable union dues, credit unions, things like that. For those there would be no fees. Basically, what it's saying is: unlike private industry, who's been charging the companies for some of these services one way or another, the Comptroller has been providing these services free of charge to companies Who come in and say to the State, ''I would like to offer State employees car insurance.'' Or, '1I would like to offer State employees homeowners insurance.'' And, fine, we send it out to'the State employees. The State has to then bear the burden, the expensez of the payroll deduction, of processing the paperr and of sending out the checks - somethtng private industry would never do. It means to Illinois about eight hundred thousand dollars of monies -- costs of providin: to private industry free services for really no State purpose. Al1 this says is for those types of services, the Comptroller may charge no greater than twelve dollars a month per person, paid for not by the employee, but by the company comkng into the State and askin: for this service from the State. And I Would suggest that it's particularly in these type times We should not be giving away service to these companies. If Ehey want to come in and solicit our employees, that's fine. That's wonderful. If it's a good deal, that's great. But Ehey should be compensatin: the State for the cost to the State af processing that paper, and I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator jchuneman. 233  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991

Thank you, Mr. President. A couple questions of the sponsor. Senator, I notice that you have set up under this charge proeedure, for various insurance products, a fee, but you exclude certain organizations, for example: professional organizations, union and trade associations, credit unions. Are banks excluded?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Carroll.

No. What I said: Senator Schuneman: was to that show we weren't zeroing in on any -- prior to allowing private enterprises to come in, we had previously allowed for the payment of insurance that was offered by the State for State employees - as opposed to a private company coming in and saying household or whatever unlon dues, credit union payments. Those are the things that are - - eharitable contributions, Ifm sorry. Tbose are the things exenpt. Anything else would be subject to -- the person *ho comes to the State and says, want to offer this to the State employees/' Would have to be Willing to pay the service fee.

PRESIDING OPPICER: (SENATOR DEMUZI0) Senator Schuneman.

What are -- what are State-sponsored insuranee produets, and who are those compan'ies that write those products?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll .

I don't recall the companies. That's where you get: Senator Schuneman, Where they say to you, ''Do you Want the optional health coverage? Do you want family eoverage on the health insurance plan? Do you want the extra life insurance on the State plan?'' Those are the kinds that would be exempt from the payment . 234  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991

Senator Schuneman.

Well, I think it goes beyond that, Senator. I think there are certain insurance companies that are selected for IRA programs and for other coverages that are for-profit insurance companies. guess the problem here is that that I think people see this as a Way of collecting a charge from an insurance company, whereas, in fact, what's going to happen is that the costs are going to go up to the employees. And the other question that I had for you is - - this is apparently a movement by the Comptroller. What's -- What's qoing to -- where's this money going to qo that would be collected for these charges?

Senator Carroll.

To General Revenue, where it belongs.

Further discussion? Senator Davidson.

Mr. President and Members of the Senate, I rise in opposition to this bill. What itfs doing - those fifty-two thousand State employees who have supplemental insurance or annuity programy trying to be responsible and leave an estate to their families and survivors, are goin: to be penalized. Sure, you're going to charge the insurance company, but that's going to be passed right baek on to the employee. It's a dollar a month. Thae's twelve dollars a year times the fifty-two thousand State employees is six hundred and forty thousand dollars a year that the Comptroller is going to put in the General Revenue Fundy according to Senator -- excuse me Senator Carroll. Doesnlt say in the bill itls goin: to go into General Revenue Fund. But what it really is, you're 235  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 penalizing a responsible person who is a State employee who's trying to add to or take care of his spouse or surviving heirs in a responsible way. And I would urge a1l of you to vote against this. This is penalizing people who are trying to be a responsible citizen: and I think it should be defeated.

Further discussion? Senator Savickas.

Yes. Question of the sponsor.

Sponsor indkcates he'll yield, Senator Savickas.

Are unions considered private enterprises, and why are they excluded from using this service for their payroll deductions?

Senator Carroll.

No, the unions would still be allowed to use the service for the deductions. They were 'in existence before the State opened it up to private enterprises coming in offering car insurance, household insurance or direct deposit of checks, so that the union dues and the credit union payments, Which predated all of these opening ups, would still -- the employee would still be allowed to ask that the union dues be taken out and there would be no charge for doing that.

Senator Savickas.

Well, is the only requisite then that this Was predated before What? Before your bill, or predated to What? What do you mean ''predatedd'?

236  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legkslatkve Day May 23, 1991 Senator Carroll.

What had happened was -- maybe there's a better way to say it. At one point in time, the State said we would let profit-making organizations come in and solieit State employees for deductions. Profit-making organizations, as opposed to unlons are a not-for-profit organization. The charitable organizations are not for profit. The credit unions are not-for-profit. So they said, ''We will allow profit-making organizations'' - on some basis that nobody knows, ''to come in and send out mailings to State employees for a payroll deduction system .'' The point is only that somebody is using the State to make a profit, it should not be a welfare system for them. If a company is coming in to offer goods and services at a profit-making prospective basis, then they should be reimbursing the State the cost of the State processin: the paymenks that they receive. In private industry, it would work that way. If somebody came to a private person and said, ''T want to solicit your employees. want you to withhold money from their check they ask you tok'' The employer Would say, 'fA1l right. Here's my cost of withholding and transmitting. Are you willing to pay it, or I'm not going to offer it to my employees.'' And -- that just makes sense. Why should we be paying certain -- why shoukd we be carrying the expense of certain profit-making organizations as opposed to others?

Senator Savtckas. SENATOR SAVICXASZ Do you know hoW mueh it eosks - obviously, you 've got some cost for each deduction - what it costs for the union deductions on the payroll? Well, I would think that that's probably a major cost that can be reimbursed. I don't know Why any of it then should be excluded. If the State is doing these things at the 237  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 State's cost for unions or for -- for anybody - credit unions or labor unions - that they should be reimbursed. And I would think the best -- best world for a11 of us is to exclude -- or include everybody into this bill. Then I think it would be a good bill.

Further discussion? Senator Madigan.

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

Sponsor indicates he will yield: Senator Madigan.

We mentioned credit unions and you said, Senator, that banks were included in the fee, or were they exempt from the fee? And my question is, how does that work with an employee's direct deposit? Now that...

Senator Carroll.

Direct deposits are not affected at all, because the State is not processing a check.

Senator Madigan.

Just a further point on this. think what we're doing here, not only with -- When wedre charging the employees for the life insurance, bu* another matter is when an employee is seeking a private -- or a prlvate pension nest egg through annuities, khat We dre charging -- the employee twelve dollars a year to do that. And I don't know that we want to be doing that when we're not doing it for the deferred compensation of anything like that. And I rise in opposition to this matter.

238  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Purther discussion? Purther discussion? Genator Carroll, to close.

Thank you: Mr. Presidènt, Ladies and Gentlemen of the Senate. Let me just say, Senator Madiqan, we are not chargin: the employees. Wedre charqing the company. Right now, the company is chargin: these people themselves. The company is charging for processing. The company is trying to charge the employee, but theydre asking the taxpayers of Illinois to foot part of the bill that private industry would never do. A11 this is saying ks, where private people are coming to the State and want to hustle our employees , pay your fair share. If that should include : unions, Senator Savickas, then I think We should amend it in the House to knclude them . I have no problem with that at all. think it's only fair that if somebody is using our equipmentz our processing equipment, our computer equipment, to make a profit, we ought to be charging them simply our costs. It will produce six or eight hundred thousand dollars of General Revenue that should not be coming out of the taxpayers. It should be coming out of those who profit from the system. I would ask for an Aye vote.

Question is, shall Senate Bill 1046 pass. Those in favor, vote Aye. Opposed: vote Nay. The voting is open. Have a11 voted who wtsh? Have a11 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, Ehere are 19 Ayes and 34 Nays, none voEing Present. Senate Bi11 1046, having failed to receive the required constitutional majority, is declared lost. 1051. Senator Cullerton. Read the bill, Madam Secretary, please.

Senate Bill 1051. (Secretary reads title of bill) 239  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 3rd Readin: of the bill. PRESIDENT R0CX: Senator Cullerton.

Thank you, Mr. Presidenty Members of the Senate. This bill reflects an agreement reached between the representatives of utility companies - Peoples Gas, specifically - and the -- the Realtors, as well as a lawyer for the Legal Assistance Foundation. Deals with the problem of landlord-provoked utility discontinuances, and it addresses the problem in the following fashion: It would establish that the termination of utility service is unlawful, whether by nonpayment by the landlord of the utility bill or by the landlord tampering with the equipment or the lines. It gives the tenants ten days, rather than just five days, to try to go to court and get a reeeiver. It qives the utility company the option of seeking a receiver of rents for payment, an option that they do not have right now. And if the prevention efforts fail, provides for certain penalties in favor of the tenants. One of the things it also does is to say that when this notice is put up on the building indicating that the utility bill has not been paid and itls going to be shut off, for the landlord to tear that notice down, it would be unlawful, and it would be a Class C misdemeanor. so I know of no opposition on it. We've korked out aqreements on the bill, and I'd be happy to answer any questions. I would appreciate an Aye vote.

Discussion on 1051? Senator Keats. SENATOR KEATS; Just briefly. The original bills were, frankly, kind of heavyhandedz but as amended, this is a pretty reasonable billy and I would solicit support for it.

240  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leqislative Day May 23, 1991 Question is, shall Senate Bill 1051 pass. Those in favor, vote Aye. Opposed, voke Nay. The votin: is open. Have a1l voted Who wish? Have a1l voted wbo wish? Have al1 voted kho wish? A11 voted who wish? Take the record. 0n that question, there are 54 Ayes, no Nays, none votinq Present. Senate Bill 1051, having received the required eonstitutional majority, is declared passed. 1053, I understand, is to be placed on the Recalt. 1058. Senator Cullerton. Read the bill, Madam Secretary, please.

Senate Bill 1058. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Cullerton.

Thank you, Mr. President, Members of the Senate. This bill is broughe as a result of legislatlon that was, think, inadvertently passed last year, and it deals with the problem of the rehabilitation facilities that are freestanding facilities. And what it says is that if a health insuranee plan provides for rehabtlitation and mental health benefits, the plan cannot deny payment for services their services are provided in a freeseanding facility. It does not mandate tbat they provide the service; but, they do provide the serviee, the freestanding facilikies cannot be excluded from the policy. There are about ftve major, freestandînq rehabllieation facilities; the Rehabilleation Institute in Chicago: the Marianjoy Rehabllitation Center in Wbeaton, Schwab Rehabilitatlon Center in Chicago, the Institute for Physical Medicine and Rehabilitation in Peoria. So that's what the purpose of the bill is, and I'd be happy to answer any questions. PRESIDENT ROCKI 24l  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 32nd Legkslatîve Day May 23, 1991 Discussion? Senator Madigan.

Thank you, Mr. President. More of a statement than a guestion. I think that we debated thts bill lonq and hard in committee over whether or not this bill ls -- constitutes being a mandate or not upon the small employers. And I would ask Senator Cullerton, I guess, on Page 2, line 4, of khe bill, if he disagrees that this ls not a mandate or -- on that. What does the word ''shall'' mean? And I am -- because of that, rise ln opposition to this bill.

Senator Cullerton.

Well, 1,11 make it as clear as I can. What the bill does is to say that if it's conditional a policy offers rehabilitative services, kherefore or then, you cannot -- you cannot exclude freestanding facilities as opposed to a hospital that has a surgical suite. And apparently this bill was oriqinally passed in the early seventies because there were some insurance policies that were saying you had to have a surgical suite. 1* was -- it <ot to be so absurd that even a rehabilitatkon institute eonsidered actually building a surgical suite so that they would be eligible for insuranae policies, and that's the only inteht here. It does not mandate that they provide the coverage, but if they provide the coveragee they ean't discriminate between freestanding faeiliEies and a hospital. talked to the people at Blue Cross-Blue Shield. asked them and they're the ones that are offerin: thks -- you know, this policy ehae's almed at small businesses they said, ''We don't expect to discriminate against these freestanding facilities. If you pass the bill, fine. It doesn't make any differenee to us.'' So that's Why -- that's Where tbe confusion is. You can't stand 242  STATE OF ILLINOIS 87th GENZRAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 up and say it's a mandatez because it's not a mandate. It says if you provide the policy, then you can't distinguish between these types of facilities. And that's the purpose of the bill.

Purther diseussion? Senator Schuneman.

Thank you, Mr. President. Last year - just last year the Legislature passed the so-called ''Bare-bones Insurance Plan'' that was designed to encourage those employers who have no insurance nok to buy insurance on their employees. There have been two companies that have moved into that field in Illinois - Blue Cross and Travelers - and have begun to write some of those polieies. understand that Travelers premium is diseounted forty percent below the pollcy that covers a11 the mandates. Now, you know, you can talk about there not being a mandatey but when the Legislakure tells the insurance companies What has to be in the policy and what can't be in the policy, you know: to me ehat's a mandate. But there's no potnt in our ar:uing that point. think the point to make here is that if we really want this bare-bones insurance plan to succeed, ue shouldn't be doing things like this, because there are other companies out there trying to decide riqht now whether or not they're going to get into this business. And they see that the Legislature is going to begin chipping away at that original coverage, then they lre simply golnq to pull out and not go into the business. Let's give this a few years to see if it's even qoins to work. We donlt know yet. And this bill passed out of here last year with some bipartisan support, and let's give ehis plan a little while to work and see if it is really going to do what we had hoped that it would accomplish.

Further discussion? Senator Barkhausen.

243  STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Mr. President and Members, as one who generally viscerally votes against legislation that expands mandates, and as one who ended up sponsoring or co-sponsorinq the so-called ''no-frills'' health insurance policy legislation of the last Session, I rise to support Senator Cullertonls bill. Itls very ainimal in impact. In fact, I really -- you know, it's arguable that this legislation is unnecessary if, in fact, Blue Cross and the others Who are who are already in this business are not goinq to discriminate. But I -- but I do think tbat we ought ko provide a safeguard to make sure that these rehab facilities that so happen not to have surgical facilities aan, in fact' eare for our patients. think you could probably make a good argument, Senator Cullerton, that a rehab facility without a surgical suite would not have the same sort of an overhead that a full-scale bospital Wouldy and therefore might not -- might not have to charge as much. So think for the sake of the rehab facilities and the other outstanding rehab service centers that we have in this State, think we ought to pass this legislation.

Further discussiùn? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. My concern is based on the comments made by the sponsor. He feels that tbis is not going to do anything, because riqht now this is not a mandate. In addition to that, the people who are providing this said there's no problem in sending somebody there already. So my problem is this: We passed a bill last year, the Small Group Hea1th Insurance Law, and now we are potentially opening the door to make changes and starting with one that isn't going to do anything. And I think that's just a bad thing to do and a bad precedent to start w1th.

Further discussion? Senator Fawell. 244  1 I I STATE OF ILLINOIS ! 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 ! ssxAœon FAWaLL: I Thank you, Mr. President. I was just reading the bill, and it says, ''To further promote the availability of affordable, quality health care, the General Assembly wishes to ensure that small businesses and their employees have equal access eo a11 health care options. Section 367c and 367d do not mandate that employers provide rehabilitation or psychiatric coverage. Rather: they specify that if an employer chooses to provide ehese benefitse the insurer cannot arbitrarily limit khe types of providers from which these services may be obtalned.l' Senator Cullertonr by saying that -- What your legislative inkent is, if indeed these serviees are chosen by the small employer, that he will be able to avail himself the services of something like Marianjoy in Wheaton, Which is a rehabilitation hospital, similar to the Institution of Rehabilitation in Chlcago, but is not -- does not have a surgical unit: to my knowledge. PRESIDENT ROCK: Senator Cullerton. SENATOR CULLERTON: Yes. That is -- that is right - that if they -- if they decide to provide benefitsz which they don't have to - We're not mandating they provide those benefits - but if they do, then they cannot say,-HWellz if you go to Central Dupage for rehabilitative serviceg wedll pay you; but if you go to Marianjoy, we won't pay you.'' That's What tbe blll is about. PRESIDENT ROCK: Senator Fawell. SENATOR FAWELL: Well, if they ehose rather to -- to take lt to Central Dupage Hospitaly that's not prohibitive either, right? I mean, if they chose one over the other? Well then, to the bill: It seems to me -- I happen to know in -- in my neck of the woods, Central Dupage 245  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Hospital and a number of our hospitals in Dupage County have a very close relationship with Marianjoy. A 1ot of them will send them to Marianjoyy because they have the facilities that are available in that particular institution which are not available in the rest of the hospitals. The Work is done as Well as not betker than in any other hospital. If that's what we're talking about: if there is indeed no mandate that they still have their choice I would say lt's a good bill and I plan on voting for it.

Any further discussion? Is there further discussion? If noty khe question is, shall Senate Bill 1058 pass. Those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Hello. Have all voted kho wish? Have all voted who Wish? Have a1l voted who wish? Have al1 voted Who wish? Have al1 voted who wish? Take the record. 0n that question, there are 35 Ayes, 22 Nays, none voting Present. Senate Dill 1058, bavinq received the required constitutional majority, ls declared passed. Top of Page 1067. Senator Rea . 1077. Senator Jones. Read the bill, Madam Secretary, please. SECRETARY HAWKER; Senate Bill 1077. (Secretary èeads title of bill) 3rd Reading of the bill.

Senator Jones.

Yes. Thank you, Mr. Preskdent. Senate Bill 1077: as amended' extends the termination date of the pilot project for the Nursin: Home Care Act and the pilot program is a leisure Ksie> survey. It extends it to 12/31/93 and extends the reporting date to the Governor and General Assembly to June 3ûthw 1992. And I ask for a 246  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23. 1991 favorable vote.

Discussion? Any discussion? Senator Topinka .

Yes. This is a very appeallng vehicle bill. Maybe 1'11 have better success with you. Where Nould you ttke this vehicle bill to :o, assuming that you are headinq for the Rouse With it?

Senator Jones.

This is the actual bill. Itls not a vehiele bill, beeause a vehicle bill has very large wheels, and this has no wheels .

Senator Donahue.

Thank you, Mr. Presidenk. I rise in strong support of this bill. It's not a vehicle. It does deem status , and it's a -- it's a good proqram and I support it. I would vote Aye.

Question is, shall Senate Bill 1077 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. A11 voted who wish? Have a11 voted Who Wish? Have a11 voted who wish? Take the record. On that question, there are 56 Ayes, no naysz none voting Present. Senate Bill 1077, having received the required constitutional majority: is declared passed. 1089. Senator Jacobs. Read the bill, Madam Secretary, please.

Senate Bill 1089. (Secretary reads title of bilk) 3rd Reading of the bill.

Senator Jacobs. 247  ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

Thank you, Mr. President. We fll make this one quick. And I think we know that it was taken off the Agreed Bill List. We'11 let Mr. Maitland -- Senator Maitland take his hit on itz and then maybe we can just vote it out or vote it down. Provides that educational support personnel, at any time after a ninety-day probationary period, shall be provided with a Written notiee showing just cause for dismissal. It simply does that. It allows for just cause for a -- a dismissed employee of the educational support personnel.

Discussion on 1089? Senator Karpiel.

Thank you. May I ask the sponsor a question, please?

Indicates he Will yield, Senator Karpiel.

I don't seem to find the amendment here. ïou amended this bill in committee to ninety days. Is that correct?

Senator Jacobs. Senator Jacobs.

Correct.

Senator Karpiel.

That's the probationary period, and -- but then after that period they have to be given wrltten notice?

Senator Jacobs.

Yes, written notice showing just cause for dismissal. 248 I ;  1 I ! STATE 0F ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 32nd Legislative Day May 23: 1991

Senator Karpiel.

To the bill: Mr. President: This bill, when it first came into committee, was very =- very nearly - in fact I think it was - a tenure bill for custodial and support personnel in schools. The amendment makes it a little less onerous, but cnly a very little bit less onerous: and that's the direction I think that they're qoing with this bill. Yesterday -- I mean, wbenever we arque the whole -- the whole thing about Chieago school reform, one of the problems that we are always trying to address is the whole problem of the operating engineers, the food service personnel, and a1l the other noneducational personnel in the school. In the rese of the State, as we talked about yesterday, the principal has control, and we dre tryinq to keep costs down for our school districts. We're trying -- We passed a bill out of here that will cap their -- their ability to raise their levies. And with something like this, what we are going toward is to put a1l other personnel - support yersohnel - in a -- in a eollective barqainin: thing where they will not only -- not only eollectively bargain, but they will have tenure. I think it's a bad idea. I think it's a bad way to go, and I'd urge a No vote on this.

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

No tenure. We passed this out twice before. Ask for an Aye vote.

Question is, shall Senate Bill 1089 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. A1l voked who wish? Have a1l voted who wish? Have a11 voted Who Wish? Have 249  l I STATE OF ILLINOIS I 87th GENERAL ASSEMBLY ! REGULAR ssssloN 1 SENATE TRANSCRTPT 32nd Legislakive Day May 23, 1991 all voted who wish? Take the record. On that question: there are 33 Ayes, 22 Nays, none voting Present. Senate Bill 1089, having received the required constitutional majority, is deelared passed. 1092. Senator D 'Arco. Read the bill, Madam Secretary, please. SECRETARX HAWKER: o. . tmachine eutoffly..Bill 1092. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator D'Arco. SENATOR D'ARCO : Thank you -- thank you, Mr. President. Senate Bill 1092 creates the Health Care Surrogate Act. The purpose of this Act is to provide a mechanism for people who are in a nondecisional capacity to provide a mechanism for their health care needs in order to allow them and their family members to 9et through this very -- this dykng process that people go through. This, I believe, is a model bill for the rest of the country to follow. I want to -- reiterate that it is endorsed ' by ' the Catholie Conference of Illinois. Cardinal Bernardin does endorse this concept. There is some question about a certain group; a lobbytn: group feels that somehow this -- this concept is alienated from people's riqhts in the sense of Whether or not they live or die. That is totally abhorrent to the issue in question. This bill does not -- does not endorse the eoncept of euthanasia. It does not endorse the concept of assisted suicide or anything like that. I Want to make that clear. All wefre doin: in this bill is giving the surrogate - the parent, the guardian, the chlldy the close friend, the relative - health care need options for the patient in this very, very critical period for al1 of the family who are involved. This is an excellent bill. The various parties involved worked long and hard to come up with appropriate 250 1 i 1 I  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 language, and I Want to say that We met with Senator Hawkinson this morninq. He addressed certain coneerns in the bill, and we agreed, in principle, to many of those concerns, and those concerns will be addressed in the House When the bill passes. ask for your favorable support.

Gentleman has moved the passage of Senate Bill 1092. Discussion? Senator Kelly.

Thank you, Mr. President. Somethin: doesn't strike me right about withholding food and Water from anyone, be they terminal or not. It seems to me tbat it would be a very painful way to die. And I'd like to ask Senator D'Arco a couple of questions for clarification.

The sponsor indicates he will yield, Senator Kelly.

Okay. Senator D'Arco' , What is the average time it takes for a person to expire if food and water is wlthheld from them?

Senator D lArco.

honestly can't answer that. I don't know.

Senator Kelly. SENATOR KELLY; Well, I would say that obviously lt would be in different instanees for different people, but there would be# as I see it, a very pabnful destruction of that body and of that person if you hold back on it. What I'd like to know is your legislative intent. Will this bill bave any impact - or is intended to have any lmpact upon persons who have a mental illness or a 25l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 handicap, or is this bill -- your leglslative intent to only apply to those individuals Who Will be, in short order: dying of natural causes?

Senator D'Arco.

I'm not sure I'm not sure hoW to answer that. You know, if you 're -- if you're saying -- I assume, yes.

Senator Kelly.

Well, I hope your answer is that -- and maybe I should have you seate it. youlre not intending to harm anyone who is mentally i11 or physically disabled who are Who is incurable or has an irreversible eondition. That's a concern I have. I Want to allow you to qo forward with legislation if, in fack, you're trying to address someone who is in a deathbed condition. But if it's someone who's been sustained and who is mentally incapacitated physically incapacitated/ or, let's say: any other person who has a -- whether it be, you knowy a thyroid condition or diabetes. You know. these are conditions that are not reversible elther. Maybe even arthritis, in some cases. These are not a1l the time reversible. You are are you just applyinq this to a person who's on his deathbed and is in his, usually, twilight years? PRESIDENT ROCK; Senator D'Areo.

Thank you. Senator Kùlly. number one, the people that this applies to are in a coma, they're in a persistent vegetative stake, they are unable to Rake a decision concerning their health care needs. In essence, they are not feeling pain, as such, as We experience pain. The -- the second issue you addressed about 252  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislakive Day May 23: 1991 someone who is mentally retarded or physically disabled this bill absolutely does not apply to those people in that situation. It only applies to a situation where you have an irreversible l condition and contlnuing life support will only provide the minimum medical benefit. 'It is absolutely, clearly my intention for this bill - and it states it specifically tn the bill not to apply in situations for any of the categories you speeify.

Further discussion? Senator Topinka.

yes, Mr. Presldent, Ladies and Gentlemen of the Senate. think we've even seen in the Bible in Eeclesiastes where it is said that ''To a11 things there are a season.n And I think ue have to address this issue in much the same way; that there is a time to live and there is a time to die. In some gases, we are allowing people to persist in either a vegetative, irreversible-type state or in imminent threat of death and we define ''imminent'' in the bill. So, I meany is -- it is somethinq that is occurring very 'quickly, to address Senator Kellyfs concern. It is a bill that has taken a great deal of time on the part of a 1ot of people, some great minds not includînq some of khe leqislators who were involved but people who were involved in terms of the law, and in terms of religion, and in terms of philosophy, and in terms of medicine, and those who understand that this problem is not only pervasive throughout the United States and in Illinois, bu* is more and more becoming a problem for individual families Who can no longer cope and really have no place to go with this but the courts, where their ability to deal with this situation, which is already upsetting and eumultuous, is made even worse. thtnk everybody has made probably the best faith attempt that anyone can make to address this issue in the most sensitive of ways. It's something I think 253  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 we -- we will see more and more of as We go forward into the 20th century and aedical technology outdistances our ability to be able to eope with What is ehangin: and how we are able to keep physical bodies going through the motions of life when indeed life has passed. I have to commend Senator D'Arco and al1 those Who worked on ehis, and would reiterate that a11 parties who are involved in both the 1aw and in health care here in Illinois have pretty well signed off on this bill. I would encourage your positive vote.

Further discussion? Xenator Geo-Karis.

Mr. President, Ladies and Gentlemen of the Senate, this bill provides that a guardian may act as a surrogate under this Aet Without a court order. I can see ambitious: selfish children Who want to get rid of their mothers or fathers who are very ill, in order to acquire the estate. And without -- with a provision like that where you don't have to get a court order - I tbink it's dangerous. I still cannot feel eomfortable denying food and water to soyeone in a terminal illness. I don't feel 'We should play Gode and I do commend the sponsor of the bill for working so hard on it with his associates. But I still do not feel we're ready for a bill like this, and I speak against it.

Further discussion? Senator Dudyca. SENATOR DUDYCZ; Wellz thank youz Mr. President. Looking at the bill, one must commend Senators D'Arco and Topinka for their efforts in dealing and trying to address this veryr very difficult issue. But there are certain questions tbatz at least in my mind, have not been answered. First of all, the Catholic Conference of Illinois did endorse the concept: but the Archdioeese of New Xork, the Offiee of the Vicar General, has opposed So there is no -- 1et there 254  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 be no misunderstanding of this. There is not a unanimous support of it within the Catholic circles -- among the authorities kithin the Catholic Church. Senator D'Arco or Senator Topinka, 1et me ask one of you, if either of you can answer -- on Page 5 when -- where it mentions ''permanent unconsciousnessy'' does it menkion -- I don't see any mention anywhere in ''brain death.'' Does permanent unconsciousness include a cessation of brain activity, or ean there still be brain activity, according to the brain waves, with this definition?

Senator D 'Arco.

No, ''permanent unconsciousness'' means youdre in a coma; you dre still alive technically you're alive. you are brain dead, the definttion of 'fdeathbu includes the definition of Mbrain deadz '' which means that the stem of your brain is dead. There is no activity in the stem of your brain. That is a definition that the Illinois Courts have accepted as a legal definiticn of I'death.''

Good. Senator Dudycz.

So, at least in my mind, it's conceivable that a patient can be -- in a coma -- ean be unconsclous as we know ik and still comprehend the faet that others around him are going to be deciding khether he uill continue to extst or they will be removinq life-supporting methods: thereby havlng some sort of comprehension that he is going to be losing consciousness, or losinq h1s llfe at the hands of others. So I guess I -- it's a rhetorical question, Mr. President. must stand in opposition.

Purther discussion? Senator Barkhausen.

255  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 32nd Legislative Day May 23# 1991 Mr. President, I'm sorry to somewhat prolong debate on this matter, but I think it is one of -- I think -- sure you and others would aqree, one of the more weighty matters that we've considered this Session, as we did last Session, of course. IId like to address my few remarks mostly to Members on my side of the aisle who are often concerned about two thinqs; one is too auch business for lawyers. One of tbe things that this measure is primarily designed to do is to obviate the need to go to court where family members are in basic agreement as to the decisions -- health care decisions that ought to be made for their loved ones who have lost the capacity to make those decisions for themselves. These decisions are being made by family members and by doctors, but under eourt decisiùns as they stand right now, within the last couple of years it's basically illegal to be making these decisions wlthout going to court. And wepre not trying ko take business away from lawyerà, but we are trying to save Eamilies the -- the legal expense on top of the obvious agony that they fre facin: under these very difficult circumstances. Secondly , think this is maybe in bad1 taste to bring up in the context of this debatee but think it ought to be at least a subsidiary considerationg and that isy we ought to ask ourselves the amount of money thae wedre spending on health care for those who quite clearlyy could they make the decision for themselves, wouldn't Want We are now up to twelve percent of GNP on health care, and we see statistics quite often on how much of that is spent in the waning moments of a person's life. And when welre talking about people who don't want the health care, Wouldn 't want it if they could make the decisions for themselvesy I think we ought ta spare them and their families the agony that theyfre otherwise experiencing, and rather than aqgravate it, let's make it a liktle easier on our constltuents. A year ago, when We considered this measure, I think it's fair to say that was primarily of 256  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 interest to health care providers - the doctors and the hospikals who Were well represented in our councils here. But I think in the last years, largely as a result of court decisions ak b0th the 1 national and the State level, the Well-publicized Nancy Cruzan case, and at the State level, the almost equally Well-publieized - at least in the Chicago press - Longway ease of a year and a half ago, and then the Sidney Greenspan case of last summer, have really brought this matter to the attention of our constituents. I think the most popular thing that I've done in my years down here was to put an item in my legislatlve newsletter at the end cf this year - which some of you might Want to think about - offering free living wills and health care powers of attorney to any constituent interested in them. And I've had over three hundred responses to that request and a number of favorable comments about my own involvement with this issue. So think the time has come for this matter. I think we ean do a favor to our sister states by setting a trend in this area, and I urge your support.

Further discussion? Further'discussion? Senator Schuneman.

Question of the sponsor, Mr. President.

Sponsor indicates helll yield: Senator Schuneman. SENATOR SCHUNEMAN; On the issue of the surrogate: a guardian, a spouse, an adult son or daughter, a parent: an adult brother or sistery adult grandchild -- these are a1l definable people. Is there some -- is there some order of priority in whîch these people would be desàgnated, Senator?

Senator D'Arco.

257  I I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Xes. the priority ls listed in the bill from one through seven. The patient's guardian would be first. And I want to point out to Senator Geo-/aris - that's a guardian who Was appointed by the court to have health care powers concerning the patient. So it's not in fact, that was one of the recommendations that was made earlier today. And it goes on to the patient's spouse, adult son and so forth.

Purther discussion? Senator Sehuneman.

Well, it's my understanding then that the close friend is at the lowest rankin: on that -- on that pecking order that that appears in the law, and probably Would nok exercise any powers if those other relatives Were available and -- and involved in it. You know, this is -- this is a problem that aries out for a solution, and I suppose some of my recent experiences caused me to have a little different viewpolnt of this, but I'm going to support this bill, and hopefully, at least is a beqinning of finding a solution to, I think, a problem that more and more . families are having and want us to provide some kind of blueprint and solution for them.

Purther discussion? Further discussion? Senator Geo-Karis. SENATOR GEO-EARIS: I apoloqize for speaking a second time, but to respond to senator D'Arco - if there is a guardian appointed by the court to look after khe health care needs of that individualg there ls -- there's nothing in that guardiansbip that says that that guardian has the riqht to terminate the life of the individual. And that's uhy I say the present bill should provide, if anything, that a court order should be granted, and be granted within twenty-four hours. And I still feel very uncomfortable about the bill. 258  STATE OF ILLINOIS 87th GENERAL ASSEMDLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 PRESIDEHT ROCK; All right. Any further discussion? Senator D 'Arco, you Wish ko close?

Thank youz Mr. President. Let me just point out, Senator Dudycz, that when a person is in a state of permanent unconsciousness, he has no awareness. He is not aware of anything. you read the definition of the bill, a state where there is no thought, sensation, action, social interaction or awareness of self and the environment are totally absent. Let me also indicate that the surrogake does not necessarily have to decide that it's in the best interest of *he patient to terminate the life-support system. That is one of his options. The other option ls to continue the life-support system. This is a -- this is a bill that simply sets a mechanism into place for people and their families to make health care decisions about their loved ones. It will be a model bill for the rest of the country to follow. And I ask for your favorable support. PRESIDENT R0CK: Question is, shall Senate Bill 1092 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have a11 voted Who wish? Have all voted who wish? Have a1l voted who wish? Have al1 voted who wish? Take the record. On that question, there are 39 Ayes, 18 Nays, none voting Present. Senate Bi1l 1092, having received the required constitutional majority, is declared passed. 1101. Senator Karpiel. 1104. 1133. Senator Raica. Read the bill, Madam Secretary, please. Middle of Page is Senate Bil1 1133. Read the bill, please. SECRETARY HAWKERJ Senate Bill 1133. (Secretary reads title of bill) 3rd Readlng of the bill. 259 r- ' ' ' i I I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 32nd Legislative Day May 23r 1991 I I PRESIDENT ROCK) Senator Raiea. SENATOR RAICA: Thank you, Mr. President and Ladies and Gentlemen of the Senate. I have attempted, on a few oecasions, to referee between the mobile park owners, mobile home owners and agenaies alike, in attempting to accomplish some kind of bappy medium between them. The best that we can do is this vehiele bill, and it is a vehiele bill. Itds for the mobile home owners. I've talked to Jerry Shea and a few other representatives. I've talked to the mobile bome owners, and all We'd like to do is get it over to the House. There is no vehicle there now. We'd just like to :et this over to the House and 1et the negotiations continue throughout the summer and see what we can do about 1t. I ask for your support. PRESIDENT ROCK: Discussion? Any discussion? If notr the question is, shall Senate Bill 1133 pass. Those in favor, vote Aye. Opposed, vote Nay. The votin: is bpen. A11 voted who wish? Have al1 voted kho wksh? Have 'all voted who wish? Take the record. On that' question, there are 53 Ayesz no Nays, none voting Present. Senate Bill 1133, having received the required constitutional majorityr is declared passed. 1143. Senator Marovitz. 1150. Senater Cullerton. Read the b1ll# please. SECRETARY HAWKER: Senate Bill 1150. (Secretary reads title of bill) 3rd Reading of the bill. . PRESIDENT ROCK: Senator Cullerton. SENATOR CULLERTON: Thank you, Mr. President and Members of the Senate. This bill addresses the issue of the problem of competition between private I 26û 1  1 1 I I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSPRIPT 32nd Legislative Day May 23. 1991 bookstores and the university bookstores. At the request of the committee, the Illinois Retail Merchants and the Board of Higher Education, certain representatives met and reached an agreement in part. I understand that Northern Illlnols University is sttll not in favor of the billy but the others are, as a result of the agreement. Under the bill, the -- would prohiblt publie universities from leasin: spaee for retail unless that it was competitively bid and would prohibit credit card sales by an institution; however, it would allow debit eard programs such as the one that Southern Illinois Dniversity is about to implement. And I'd be happy to answer any questions. Appreciate your support.

Discussion? Senator Weaver.

Thank you, Mr. President. Question of Senator Cullerton.

Indieates he Will yield, Senator Weaver.

Senator Cullerton, this Act eurrently does not prohibit the sale by universities or on university property of ttems comaonly sold before 1980 -- January the lst, 1980. Is that correct? PRESIDENT R0CK: Senator Cullerton.

ïes.

Senator Weaver.

And if this bill is enacted into law, will a university be prohibited from selling food and beverage in the universitles that 261 !  STATE OP ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRTPT 32nd Legislative Day May 23# 1991 theydve sold before 1980?

Senator Cullerton.

Noy if the university sold food and beverages before 1980, it could continue to do so now.

Senator Weaver.

Would the answer be the same for books and items connected with the operation of the institution, that is the items connected with the operation of the university if they were sold before 19802 Can these universities continue to sell them after the enactment of this bill?

Senator Cullerton.

Yes. If books and items connected with the operation of the university were sold by the university'or on university property before 1980, then books and such items can still be sold by the university on university property after ..olmachine cutoffl...

o o. lmachine cutoffl..ooh, youdve concluded, Senator Weaver. beg your pardon. Senator DeAngelis. SENATOR DeANGELIS: ïeah. Thank you, Mr. President. Senakor Cullerton, several years a9o 1 had a bill very similar to this whlch passed, and thouqht we eured the problem of competition on eampus. Let me ask you: Does this prohibit universities from selling computers to those students that are enrolled in programs in which, through a cooperative effort of the computer manufacturer and the -- the professor, allows a si:nificant discount on that product. I mean, 262  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 are we really hurting th/ kids on this one here?

Senator -- Senator Cullerton.

I'm :lad you asked me that, because the amendment we adopted has new languaqe which specifically covers that situation. ''This Act does not prohibit the sale of goods'' I'm quoting from the bill - ''This Act does not prohibit the sale of goods which are the result of technological advances singe 1980 and are required for assiqnments or classroom activity.'' So that specifically addresses that lssue.

Senator DeAngelis. SENATOR DeANGELIS: Well, that might parkially resolve the problem, buU it 's not reguired that they own a computer in those classes. But if they do have one, it sure makes it a 1ot easier. So are you saying it's only in those situations in which ehe professor requires khe piece of equipment?

Senaeor cullerton.

Well, looks like does say ''and are required for assiqnments.'' So that -- I guess that would mean itls not requlredy then they have ko qo buy them at at ehe bookstore down the street that pays property taxes.

Further discussion? Senator Lechowicz.

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

263  I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Sponsor indicates he will yield, Senator Lecbowicz.

Based upon your response to Senator Weaver, I guess the threshold is the year of 1980, and that it doesn 't affect universities if they sold food and beverages and books before 1980. My question to youy Senator Cullerton: is what universitles would be affected then by this bill?

Senator Cullerton.

Northern Illinois.

Senator Lechowlcz.

So you're saying then that Norkhern Illinois University Would not be able to sell food and beveraqes to their students as Well as books, Senator Cullerton?

senator Cullerton.

No, only with respect ko their eredit card program. They have - - they had a -- they instituted a credit card program as opposed to a debit program. A debit program is where the student has the money in the account and they just ean qo and draw down from that account. What happened at Northern was that they opened up the -- a regular credit card account, and as a result, the retail merchants in the area -- their business went -- they lost like sixty-percent of their business. So What this says is that - and as I indieated, Northern has not agreed to this - but as I lndicated, this says that for items that they are selling since January 1st: 1980 - new items - they cannot use their credit cards. 264 j- STATE 0F ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23: 1991 PRESIDENT ROCK: Senator Lechowicz. SENATOR LECHOWICZ: Well, I really think that everybody should really take a look at this. What we 're doing is affecting one university and a fairly major university in this State, and havin: the students at a disadvantage. And 1 know when I send my kids to school, I give them a credit card and I ask them to use it wisely. And Whether it's the purchase of food and beverages and books, I think it's a wise investment. And 1 try to help them out at the end of the month by paying those bills. And here We are going to -- makin: the students at Northern Illinois University the only University in this State not have that same advantage. And I think it's wrong. And I'm going to vote No. PRESIDENT ROCK: Further discussion? Senator Schaffer. SENATOR SCHAFFER: Wellz I Was going to ask a couple of questions, but I think understand where we're headed right now. It's my understanding - and somebody can correct me if I'm Wrong - that the University created this program at the request of parents who kind of wanted to have a little control over What their kids were doing with the money. And: you know, frankly, those of us Who have had or will have the honor of puttin: kids through college I think understand that you do like to have a little control over what your kids are doing. I think it's a pretty sound program. think it's something that as a parent, likez and 1, you know, frankly, don't know the competition aspect. do know that there are -- I'm quite familiar with that campus. I do know that there are private stores rlght in the middle of campus bookstores and other stores - and I'm not sure what the competitive disadvantage is. In fact, I think there's a bookstore that is actually more 265  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 convenient to the students' dorms than the actual University-owned bookstore. thought we negotiated this deal a couple of years ago and we had reached a final aceommodation. Is this somethin: that's going to get revisited on us every time we turn around? don't think this thing is broken. I think the program at Northern was put together at the behest of -- not the people that run the stores, but the parents on behalf of their ehildren. I think it was a responsible thing to do, and I don't know Why we'd want to punish them for I think this is a bill that's time has not yet come. And if wefre going to renegotiate this every year, Why don't we form a permanent committee?

There's one volunteer. Further discussion? Senator Fawell.

Will the sponsor yield for a question?

Sponsor indicates he will yield: Senator Pawell.

Is this -- is this just --- is ''this just for the public universities or are we talking about a1l the colleges? I've been told it Was a11 the colleges. Thatls the reason I'm confused.

Senator Cullerton.

State institutions only.

Al1 right. Any further discussion? Further discussion? Senator Cullerton may close.

Well, Mr. President, I think this is a reasonable compromise. It had been worked out betWeen the Dniverslty of Illinois and Southern, and unfortunately, Northern couldn't join in the 266  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 agreement with the retail merehants. I think you bave to understand that these people that they're in competition with are people that have burdens of paying the property taxes and contributin: to the community around them. And for that reason, I think it's a reasonable compromise, and would ask for an Aye vote.

Question is, shall Senate Bill 1150 pass. Those in favor, vote Aye. Opposed, vote Nay. The votingls open. Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Have all voted who wish? Have a1l voted Who kish? Take the record. On that questionv there are 34 Ayes, 17 Nays, 3 voting Present. Senate Bill 1150, having received the required constitutional majority, is declared passed. 1158 will be held. 1164. Senator Keats. I beg your pardon. Senator Holmbergz for what purpose do you arise?

Xes, I Was late getting to my switch, and I would like to be recorded as No on the previous bill.

The record will so reflect. 1164. Senator Keats. 1'm sorry. Senator Lechowicz.

I'd like a verification of the last roll call. PRESIDENT ROCEJ That request is in order. Will the Members please be in their seats. Gentleman has requested a verification. Please be in your seats. Madam Secretary, read the affirmative roll.

The following Members voted in the affirmative: Alexander, Barkhausen, Berman, Brookins, Carroll: Collins, Cullerton, Daley, D'Arcoz Davidson, DeAngelis, del Valley Demuzioe Dudycz, Ralph 267  STATE OF ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32n6 Legislatkve Day May 23, 1991 Dunn, Thomas Dunn, Geo-xarisw Hall, Holmberg, J.E. Joyce, J.J. Joyce: Leverenz, Luft: Macdonald, Marovitz, O 'Daniel, Philip, Raica, Rea, Savickas, Severns, Smith: Weaver and Mr. President. PRESIDENT ROCK) Senator Lechowicz, do you question the presence of any Member?

Yes, Mr. President. Senator Joyce.

Senator Joyce. Whieh Senator Joyce?

J.E. and J.J. I'm sorry. Jerome.

Jerome is --

Jeremiah Joyee. J.E.

Jeremiah Joyce. Senator Jeremiah Joyce on the Floor? Strike his name, Madam Eecretary.

Senator Holmberg.

Senator Holmberg. I thought she just souqht leave to be recorded. Senator Holmberg on the Eloor? Strkke ber name.

Senator Leverenz.

Senator Leverenz is in the back of the Chamber.

Senator Pate Philip.

That request will not be honored.

268  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23z 1991 Pardon me? Senator Geo-Karis.

Senator Geo-Karis. Well, strike her name. SENATOR LECHOWICZ) Senator Demuzio.

Senator Demuzio. Senator Demuzio on the Floor? Strike his name .

Who 's that? I think that's it. I'm sorry. Senator D 'Arco .

Senator D'Arco on the Eloor? Senator D'Arco on the Floor? Strike his name.

Thatfs it, Mr. President.

A11 riqht. The roll ùas been verified. 29 Ayese 17 Naysw 3 voting Present. Sponsor requests further consideration be postponed. So ordered. 1164. Senator Keats. Read the bill, Madam Secretary, please.

Senate Bill 1164. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Keats.

Thank you, Mr. Presi/ent, Ladies and Gentlemen of the Senate. Yesterday we called this back because there had been an incorrect word. It had been on the Agreed List. We corrected the word that had been put in incorrectly. This creates a Compound Interest Act. The bill is a request of the Illinois Mortgage Bankers ' 269  STATE OF ILLINOIS 87th GENERAL ASSEMDLY RCGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Assockatkon and has been worked out wkth some members of the Chicago Bar Assoclation. CBA doesn't take a position, but the Illinois Bar does support the bill. Basically, it deals with the common praetice for borrowers and lenders to agree on compounding interest in a commereial loan transaction. ïou and I would call those thinqs carryinq charqes - they're paid off at the end. If anyone has any questions, I would be glad to answer them . If not, I kould appreciate a favorable roll call.

Discussion? Senator Jacobs.

Just for the record, Senator. The Farm Bureau's problems will be worked out in the House, correct?

Senator Keats.

Correct. We had been unaware the Farm Bureau had any problems until this instant. We 'll be more than happy to kork with them , as soon as we find out What they are. Thanks.

Further discussion? Senator Leverenz.

Could you just kind of explain -- the amendment is an the bill, is that eorrect? PRESIDENT ROCKI Senator Keats.

Correct. What -- what the amendment -- What happened in the billy they had used *he term ''an authorization'' -- or excuse me ''a prohibition.'' They meant ''authorization.'' It was an lncorrect word, and that's a1l it was, was a one-word change, shifting from prohibition to an authorization. 270  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

Senator Leverenz.

And if I were standing at the base of a landfill, would be able to see out so that I eould know whether to vote Yes or No?

Senator Keats.

If you were at the base of mine right nowy you would be able to see out easily. Hopefully by next year you won't be able to.

Senator Leverenz.

So you won't mind I vote No on this, because -- I don't understand who thls helps or who this hurts, and so therefore it probably should not fly out of here: right?

Further diseussion? Further discussion? If not, the questicn is, shall Senate Bill 1164 pass. Those in favor, vote Aye. Opposedr vote Nay. The voting's open. Have a1l voted who wish? All voted uho wish? Have al1 voted who wish? Take the record. On that question, there are 37 Ayes, 8 Nays, 2 voting Present. Senate Bi11 1164, having received the required constitutional majority, is declared passed. Senator Fawell, on 11677 That's a hold. Senator Severns, on 1220. That's a hold. Senator Marovitz. 1231. Read the bill I'm sorry. Senator Berman. Senator Fawell. I've been playin: baseball all my life and I've been Mettinq signals a11 my life, and you gave me ehe wrong one. Do you wish the bill called, Senator Fawell? 1-1-6-7.

Yes, had my -- my button on. I guess --

271  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23e 1991 I'm afraid you did not. I've been sitting up here too long.

I thought I -- al1 righte a1l right, okay.

On the Order of Senate Bills 3rd Reading is Senate Bi11 1167. Read the bill, Madam Secretary: please.

Senate Bill 1167. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Pawell.

Thank you very mueh. This is a bill that has been worked out between the bankers and IRMA. Basically Wbat it does is allows the bank the IRMA people - to raise the fee what can be charged against a bad check author's account from ten dollars to twenty-five dollars, and it also represents that the bank can charge a seven-dollar-and-fifty-cent fee if they 'have received the bad check there -- the depositor's check.

Discussion? Any discussion? If not, the question isg shall Senate Bill 1167 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have al1 voted who wlsh? Have al1 voted who Wish? Take the record. On that question, there are 55 Ayes, no Naysz none voting Present. senate Bill 1167, having received the required constitutional majority, is declared passed. 1220, I understand, is a hold. 1231. Senator Marovitz. Ves, no or maybe? Read the bill.

Senate Bill 1231. (Secretary reads eitl/ of bill) 27 2  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 3rd Readin: of the bill.

Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate . This is a vehicle for khe a bill designed to establish an emissions program for diesel powered trucks. was asked to introduce by the Pollution Control Board. The industry is trying to work out an agreement. I have checked With Senator Macdonald and the Chairman of the Committee, Senator Welch, and the bill will be held in -- in the House, pending the agreement of a11 Members to the -- to the problem.

Discussion? Any discussion? If not, the question is, shall Senate Bill 1231 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Al1 voted who wish? Have a1l voted who wish? Have al1 voted who wish? Take the record. On that question, there are 47 Ayes, 1 Nay: none voting Present -- voting Present. Senate Bill 1231, having received the required constitutional majority, is declared passed. A1l riqht. Pursuant to our earlier agreement, the hour of six has arrived. We wlll qo to the Order of Reealls. We will begin tomorrow at nine o'clock in the morning at Senate Bill 1233 with Senator Butler's and the ones to follow. If indèed, any Member has a bill on 2nd Reading they wish to move, this is the appropriate time. In the meantime: we'll so to the Order af Recalls. The Recall Sheet has been dkstributed. onee wefve finished recalls, I'm soin: to ask the Secretary to read the appropriation bills and the Agreed Bill List so we can get those out of here toniqht. And then we can come in tomorrow at nine o'clock in the morning and at ten we 'll go througb 3rd Readin: one time and it's over. On the Order of -- On the Order of Senate Bills 3rd Reading. Paqe 7 on the Calendar. 273  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Top of Page 7, on the Order of Senate Bills 3rd Reading, is Senate Bill 588. Senator Raica seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 588. Senator Raica. SENATOR RAICA) Thank you, Mr. President. I would like to Table Floor Amendment No. 1.

All right. Senator Raica, having voted on the prevatlinq side, is moving to reconsider the vote by Which Amendment No. l to Senate Bill 588 Was adopted. Discussion on the Motion to Reconsider? If not, al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. The vote is reconsidered. Senator Raica is now moving to Table Committee -- or Floor Amendment No . l to Senate Bill 588. Discussion? If not: all in favor of the Motion to Table, indicate by saying Aye. All opposed. The Ayes have it. The amendment is Tabled. Are there further amendments?

No further amendments.

3rd Reading. Your light? No. Sure it does. What do you need? For what? Top of Page 9, on the Order of Senate Bills 3rd Readingz is Senate Bill 790. Senator Cullerton seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House -- Senate Bills 2nd Readinq is GenaEe Bill 790. Senator Cullerton.

Yes, Mr. President, I wish to Table Amendment No. 1. So. having voted on the prevailing side, move to reconsider the vote by which Senate Amendment No. l was adopted. 274  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

Al1 right. Senator Cullerton, having voted on the prevailing side, is moving to reconsider the vote by which Senate Amendment No. l -- Committee Amendment No. 1 to Senate Bill 790 was adopted. All in favor of the Motion ko Reconsidery indicate by saying Aye. All opposed. The Ayes have it. The vote's reeonsidered. Senator Cullerton now noves to Table Amendment No. 1 to Senate Bill 790. Discussion? If notz a11 in favor of the Motione indicate by saying Aye. A11 opposed. The Ayes have it. The Motion carries. Amendment's Tabled. Further amendments?

No further amendments.

3rd Readinq. 955. Senator Carroll seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 955, Ladies and Gentlemen. Any amendments, Madam Secretary?

Amendment No. 1 offered by Senator Carroll.

Senator Carroll, on Amendment No. 1.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This Would become an emergency supplemental appropriation bill. There are two agencies, Department of Rehabilitation Services and the Department of Mental Health and Developmental Disabilities: that are in need of having fundin: by June 4th, 1991, for Rehab Services. The basic component, thougb there are others, is for the people who actually do the work for those Who are clients of the agency and some funds and transfers for Mental Hea1th. I'd be willing to answer any questions. I would move its adoption. 275  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

A11 right. Senator Carroll has moved the adoption of Amendment No. l to Senate Bill 955. Discussion? If not, a1l in favor, indicate by saying Aye. All opposed. The Ayes have Tbe amendment's adopted. Further amendments?

No further amendments. PRESIDENT ROCKI 3rd Reading. 1015. Senator Brookins seeks leave of the Body to return that bill to the Order of 2nd Readin: for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Readin: is Senate Bill 1015, Madam Seeretary.

Amendment No. 2 offered by Senator Carroll and Presldent Rock.

Senator Carroll.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. On behalf of President Roek and myself, we offer Amendment No. 2. As we discussed yesterday: the issue of the guaranteed fundinç for the Half Fare Reduction Program for students, elderly and handicapped in the six-county area -- the Governor did not see fit to put it in his budget as general revenue. We suggested that tbat was part of the 9as tax package, and everybody agrees that that's What it was. This, tberefore' would reduee from thak six-county area that amount of the gas tax, which is one and a half of those six cents of that part of the gas tax that was the dollar equivalent of the mas: transit grants. It would reduee for the six-county area that gas tax. would move its adoption. PRESIDENT R0CE: senator carroll bas moved the adoption of Amendment No. 2 to 276  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legkslative Day May 23, 1991 Senate Bill 1015. Discussion? Senator Watson.

Well, thank you, Mr. President. This is an issue from yesterday revisited - a different approach certainly - probably a similar impact. Senatorz you just mentioned that -- that this would only impact the RTA slx-county area. That's forty-two million dollarsz Senator, that we understand is going to be taken noW out of the Road Fund. So youlre telling me that tbat forty-two million dollars now can be taken from the mass transit districts of Chicago, the CTAe the other highway projects. Itfs only going to affect the Cook County area and the collar county area - this impact. Is that correct? Did I understand you right? PRESIDENT ROCKZ Senator Carroll.

It Would be a tax reduction in the six-county area. How people -- you know, we alloeate by road -- by district, by D0T district. That would be hoW the State Would allocate That's up to the administration ön how they allocate it by districku

Senator Watson.

Well, that's the correct answer. I don't think that Was your inltial remark. I don't think that tbat was what you actually said, but that's -- youlre right in your answer. Let me just -- let me just explain a little bit abouE What Wefre trying to do here. Wefre having an impact on the Road Fund of some forty-two million dollars. That's a penny and a half and that - as it spells out from the information we have from the Department of TransportaEion forty-two million dollars taken out of the Road Pund. Now, that impacts everybody. That just doesn't impact the northeastern part of this State. That impacts tbe State as a 277  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Whole and the programs that are available to these states Ksic>. Now, we talked about yesterday the agreement that would have been reached between all of us who supported the mass -- the tax increase and the distribution of that money. We talked about that yesterday and that the Governor, unfortunately, had to take money out of GRE that affected the Elderly, Handicapped and Student Assistance Program for mass transit. But what wedre doing here, Senator, by what you're saying is we're actually negatively affecting the aqreement tbat was made with the rest of us. And those of us who have our road program or our mass transit distràcts in our particular area, this is going to have an impact on that. So that's breaking the a:reement with us. We need to find some other mechanism to -- by which to replace, possibly, that money for the mass transit, but this is not the direction to hit. And another thlng, Senator, in the mass transit appropriations and the dollars that's made available through mass transit, the Cook County and the six-collar-county area gets ninety to ninety-five percent of the money right now that's available for mass transit.- They also get forty-flve percent of the total dollars' highway side of the of the appropriation. And they only bave eighteen percent of the miles. You know, there's no equity in this at all. Youlre getting right noW probably more than you deserve, and noW you're trying to take money away that's going to impact the rest of us throughout this State. So, Senator', I think that What you are doinq here and the intent that you have to try to reduce Eaxes to Ehe six-county area is breakin: the aqreement we made two years ago, and ik's going to have a negative -- negative impact on the rest of us throughout this State. I urge a No vote and would ask for a roll call. END OP TAPE 278 ' 1 I ï STATE 0P ILLINOfS ! 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23: 1991 TAPE 7

PRESIDTNG OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Hawkinson.

Thank you, Mr. President. Equity is an issue here, and I have grave doubts that you can constitutionally impose a Statewide tax at a higher level in one part of the State than you do in another. And although this is denominated as a tax reductian, the net effect will be to impose a higher Statewide tax on the eounties outslde the six-eollar level, than you -- county area than you do in the six-county area. It would be akin to having a -- a three-percent income tax in Chicaqo or downstate and a 2.5 level the other way. I don't think you can do that constitutionally.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Rigney. SENATOR RIGNEY: Well, I was just wondering, Mr. Presidente if the sponsor Would be willing to alter the distribution of the Road Fund moneys, inasmuch as now, this area does get forty-five percent of the money for eighteen percent of the roads in this State. Would you be willing in any way to alter the distribution so that tbere 's - you know - an equal impact? PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Carroll. SENATOR CARROLL: Absolutely, as long as it's done on population. Because about seventy-pereent of the population and therefore the people paying the tax - come from the six-county area. And if we Would garnish seventy percent of the funds, I don't think there would be a problem. So if you want to do it by population, absolutely we'd do that kind of allocation. 279  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1%91

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Rigney.

Wefre not talking about people. Wedre talking about building highways. You only have eighteen-percent of the roadways in -- in that area.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

No, youlre talking about hoW many people use them, and how many use mass transit, and the volume on the roads and the people payin: the taxes. If you want to give the money back to the people paying the taxes, that would be Wonderful. I'd be a1l for it.

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

Mr. President: I think we find ourselves on the horns of a dilemma. Clearly there was an agreement with the last administration involvin: a General Revenue support for mass transit. I don't think anybody 's denying that. And the last time I checked, that money is not in the budget this year. Many of us here have very strong feelings. I think it's a bipartisan thin: about letting General Pund money -- pardon me -- Road Fund money belng spent for mass transit operations, simply because We fully understand Ehak Ehat monstêr eould quickly eat all the money and leave us in real serious trouble in most of the State. I would respectfully suqgest, Senator Carroll and Senator Rock, that this is a little bit of an overreaction at this stage of the game, and ehere undoubtedly are going to be some negotiations, and I think there's a fek of us# on both sides of the aisler that are prepared to respectfully tell the Governor, ''Heyz a deal's a deal; letfs 280  STATZ 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRTPT 32nd Legislative Day May 23: 1991 sit down and work something outol' And I understand that that is the purpose of this amendmenk, to qet that process going. My concern is that -- that many of us, you know# in my younser and rasher days, as Senator Rock and Carroll remember, Would have probably been less responsible on this issue, and there are probably a number of people around here kho might decide that a tax reduetion that youdre proposing might be a very good idea. And r don't think yoù really seriously want to Met us into that kind of a debate. would respectfully suggest to you that maybe we could hold khis up . There are things called conference committees that come down the road a little later in the process. If, in fact, there have been no good faith negotiations. But at this stage of the game I -- I -- I think this amendment is a little bit of an overreaction.

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

Well, as I indicated, yesterday, I w:ll admit, this is a little radical. And I'm not looking for anybody to pay less tax. What I was going to suggest is that the RTA impose this additional three cents and pay us direct, then we don't have to fool around bere. But a deal is a deal is a deal. I've still 9ot my file, for goodness sake. And I had a pretty good idea as to who was going to vote, and the deal was, Senator Watson, not the saerosanctness of the Road Fund; the deal was, are We going to 9et an increase in the gas tax, and if we are, who is going to vote for it? I got a roll call that shows who voted for it. And we voted for it, I suggest - as said stronqly to the Governor himself because there was going to be some help for mass transportation for the people in our area. didn't vote to keep the Road Funds saered. But the fact of the matter is a deal is a deal is a deal. And I agree, Senator Schaffer let's let's 281  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23: 1991 keep it up. I'd like to put the amendment on and move the bill to 3rd. We don't need -- we don't need a roll call. Just let it sit on the Calendar. Maybe the -- the anchors from DOT who are scurrying around will start scurryin: around on this side and say, nWhat are We going to do now?l'

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Purther discussion? Senator Carroll may elose.

Would ask for a favorable vote. PRESIDING OFFICERI (SENATOR DEMUZIO) A1l right. Senator' Carroll has moved the adoption of Amendment No. 2 to Senate Bill 1015. Those in favor will indicate by saying Ay:. Opposed, Nay. Senator Watson has his finger on the button. Senator'Carroll has moved the adoption of Amendment No. 2 to Senate Bill 1015. Those in favor Will vote Aye. Those opposed will vote Nay. The votin: is open. Have al1 voted Who wish? Have a11 voted Who wish? Have a1l voted who Wish? Take the record. On that quèstlon: tbe Ayes are 26, the Nays are 25, none voting Present. Amendment No. 2 is adopted. Further amendments?

Amendment No. 3 offered by Senator Watson.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Watson.

Well, thank you. This is right off the presses. So let me read exactly What the amendment does. ''In addition, all units af local government within the metropolitan regions of the Regional Transportation Authority Will Qsic> (which) receive a distribution of motor fuel tax, shall have the distribution reduced in direct proportion to the amount of Motor Fuel Tax paid in the meeropolitan region of the Regional Qransportation Authority. The Illinois Department of Transportation shall reduce the highway 282  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 construction program in a metropolitan area of the Regional Transportation Authority by an amount in direct proportion to the amount of Motor Puel Tax paid in the metropolitan region of khe Regional Transportation Authority.'l The intent of this legislation is to say that, ''Okay, fine, if you want to take this money out of the Road Fund, then finez then it affeets and impaets your area and your ability to supply the mass transit needs and the transportation needso'' I'm just doing as you do Senator Rock. This is the way you talk. That's al1 we dre trying to do is sayz ''Okay' fine, take the money out. If you don't Want to pay it in, then let's 1et impact your area, but not all the rest of us as a wholew''

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Watson has moved the adoption of Amendment No. 3. Discussion? Senator Schaffer.

For the record'e Senator Watson, this is an overreaction to Senator Rock's overreaction.

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

Ask if itls technically in order. I believe it's technically deficient.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock. SENATOR ROCKJ Does this apply to Oak Park only, or is this Eane and Lake and Will and Dupage and the rest of them?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Well: we couldn't get it specific to Oak Park, so what we did 283  STATE 0E ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32n6 Legkslative Day May 23, 1991 Was we made it for Cook County and the six other counties collar-county areas. We tried though, Senator.

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

Mr. President, I question the germaneness of the amendment.

PRESIDINC OFFICER: (SENATOR DEMUZIO) Senator Watson, my parliamentarian indicates that your amendment, Amendment No. 3: refers to Senate Amendment No. which was defeated. Therefore, Amendment No. 3 is not in order. Senator Watson.

Well, I would like to have leave to change the amendment on its face.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is leave granted? All right. Leave is granted to correct the amendment on its face to make it... Senator Watson, can you inform the Chair what language you would like to have inserted to make this technically correct?

The technically correct languaçe...

PRESIDING OFFICER: (SENATOR DEMUZIO) Could you stipulate that for the record, sir?

Well, I guess it would have to be regard to Senate Amendment No. 2, instead of No.

PRESIDING OFPICER: (SENATOR DEMUZIO) Wellz welll check and see whether or not We can do it. .. . tmachine cutoffl... Parliamentarian indicates that we ean -- we can -- it's proper to amend lt on its face in order for to track. Senator Watson has moved tbe adoption of Amendment No. 3. Further discussion? If not, those in favor will indicate by 284  STATE OE ILLINOIS 8?th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislatkve Day May 23, 1991 saying Aye. Opposed, Nay. The Ayes have it. Amendment No. is adopted. Further amendments?

No further amendments.

PRESIDING OFPICER: (SENATOR DEMUZIO) 3rd Reading. All right. 1053. Senator Cullerton seeks leave of the Body to return Senate Bill 1053 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. Senator Cullerton.

Mr. President, I need to Table Amendments No. 3 and 4, and adopt Amendment No.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Cullerton: having voted on the prevailing side, moves to Table Amendments 3 -- Senator Cullertonp was and 4 -- 3 and 4. Having voted on the prevailing side, moves to Table Amendments 3 and 4. All right. Moves to reconsider the vote by which Amendments No. 3 and 4 were adopted. Those in favor will indicate by saying Aye. Opposed, Nay. The-Ayes have ik. The vote is reconsidered. Senator Cullerton now moves to Table Amendments 3 and 4. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Amendments 3 and 4 are Tabled. Further amendmenes?

Amendment No. 5 offered by Senator Cullerton.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.

Xes. This is just a technieal amendment that corrects Amendment No. 4 that We adopted yesterday.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton has moved the adoption of Amendment No. 5. 285  I I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 5 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. A1l right. We have one request to go to the Order of Senate Bills 2nd Readingz on Page 2. Is leave granted? Leave is granted. If anybody has a bill on -- on 2nd Reading that they wish to have moved, noW is the time to do it. Senatar Severns has requested Senate Bill 1-9-5, Madam Secretary. Senate Bills 2nd Reading. Top of Page 2. Senate Bill 1-9-5, Madam Secretary.

Senate Bill 1-9-5. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

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

Senator Severns offers Amendment No. 1.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Severns.

Thank you, Mr. President and Members of the Senate. This amendment stems from the hearings that the Stake Government Organization and Administration Committee held, both in Chicago and Springfield, earlier this month and last month. It -- it spells out parameters for DCCA to concentrate on small- and medium-sized businesses and the upgrading of the existing workforce. I spoke at length With Director Grayson only yesterday in an hour-long meeting. It spells out some timetables for DCCA 286 ! (  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 to report by October lst to the General Assembly the programs in DCCA that does not meet those parameters, and then March to spell out how they plan to reach the goals that We've spelled out. He said he has Director Grayson has no problem with this and also he said, based on his conversation with Governor Edgar: he believes that we're al1 of like minds. know of no opposition, would urge a favorable vote.

PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Senator Severns has moved the adoption of Amendment No. 1. Discussion? Senator Davidson.

Question of the sponsor.

PRESIDING OFFICER: (SENATOR DEMUZIO) She indicates she will yield. Senator Davidson.

Senator Severns, under the present legislation, two Democrats and two Republicans are appointed by the leqislative leaders. Can you explain why now you are going to have six Democrats and four Republicans appointed?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Severns.

Well, under this, Senator Davidson, actuallye Iîm concerned about the imbalance, because out of nineteen membersy probably thirteen members will be Republicans and perhaps six Democrats. PRESIDING OPFICERI (SENATOR DEMUZIO) Senator Davidson.

That may be Well and good, but as President Roek says, a deal is a deal is a dealy and when this originally was passed, the agreement was there would be equal representation by both parties, regardless Who had the majority or the minority in the 287  ! STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Leqislature. And I Would suggest that go ahead and put this on, and tomorrow call it back and correct so it's even. Otherwise, I'm qoing to object to the -- to the amendment.

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

Senator Davidsonz quite honestly, I'm a little puzzled by your remarks. This list, in part, came from Director Grayson. I -- I don 't know what deal you are talking about. I made no such deal. This -- this is legislation 'that is stemming from the hearings of the State Government Organization and Administration Committee has held. I've been in direct contact With Director Grayson. He -- he has indicated that he thinks we are right on target. I would urge a favorable vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson, the Lady had closed. Senator Davidson.

I'm sorry. She brought up Director Grayson. Director Grayson doesn't speak for me as a legislator, and if you want to go forward with this amendment as it is, with no agreement to correct it, then I ask for a roll call vote and urge everyone to vote No.

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

I'm just going to say, I'm not certain what Doc Senator Davidson is talking about. I'm not certain Senator Davidson quite honestly knows what he is talking about on this particular issue. But the fact of the matter is this has been worked with in a bipartisan effort. We have been Working from -- from stage one with Director Grayson, and this is the first instance, Senator Davidson, that I've heard anyone having any difficulty. I -- I 288  STATE OF ILLINOIS 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 would urge a favorable vote; it's been negotiated in good -- good faith and it will continue to be.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson, for what purpose do you arise?

Wellz she took my name...

PRESIDING OFFICER: (SENATOR DEMUZIO) assume you rise for the point of personal privilege.

1111 rise to the point of personal privilege. I know very Well What I am speaking about, Senator Severns. You are welcome to your opinion and I1m welcome to mine. Director Grayson didn't speak to me as you had negotiations going on. The prior bill has always been equal representation from the Legislature, and to change it, whether it was your -- have the majority or we have the majority, is Wrong.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Davidson: that ls not a point of personal privilege, if you might concede. Senator Severns has'moved the adoption of Amendment No. 1 to Senate Bill 195. Those ln favor will indicate those' in favor will vote Aye. Those opposedg : Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have all voted Who Wish? Take the reeord. On that question, the Ayes are 30, the Nays are 26: none voting Present. Amendment No. to Senate Bill 195 is -- is adopted. senator Davidson, for what purpose do you arise?

Verify the affiryative votes.

PRESIDING OFFICER: (SENATOR DEMDZIO) A11 right. The Secretary will read the names of those who voted in the affirmative.

289  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 The following Members voted in the affirmative: Alexander, Berman, Brookins, Carroll, Collins, Cullerton, Daley, D 'Arco, de1 Valle, Demuzio: Thomas Dunn, Hally Holmberg, Jacobs, Jones, J.E. Joyce. Joycez Kelly, Lechowicz, Leverenz, Luft, Marovitz, O'Daniel, Rea, Savickas, Severns, Smithz Vadalabene, Welch and Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson, do you question the presence of any Member?

Senator D'Arco.

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

Senator Newhouse.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Newhouse did not vote.

Senator Savickas.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Savickas on the Floor? D 'Arco's on the Floor, add him back. Senator Savickas on the Floor? Strike his name.

Mr. Presidentz I've been corrected in the attitude and errors of my way. 1111 withdraw my request.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, think it's too late to withdraw your request, because we're here. But on a verified roll call, the Ayes are 29, the Nays are 26, none' voting Present. Amendmene No. is adopted. Further amendments?

No further amendments. 290  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991

PRESIDING OFFICER: (SENKTOR DEMUZIO) 3rd Reading. Does anyone else have a bill on 2nd Reading? If noty *e will now -- the announcement will be, as I'm told, that the Agreed Bill List will be voted on in the morningy somewhere around nine o'clock, guess. Senator Barkhausen, for what purpose do you arise?

Mr. President, would move to have Senate Bill 1270 recommitted to, I believe, the Committee on State Government Organization. It's on 3rd Reading.

PRESIDING OPFICER: (SENATOR DEMUZIO) Al1 right. 1270. Senator Barkhausen has moved to recommit 1-2-7-0 to the Committee on State Government Reorganization <sic>. Is recommitted. And now -- Senator Marovitzy for what purpose do you arise?

Well -- well, if Senator Barkhausen (s going to do that, then - - then I move to recommit Senate Blll 905 to the committee which it came from.

PRESIDING OFFICER: (SENATOR DEMDZIO) Why donlt you put a11 your bills back there? 0ne roll call. rigbt. Senator Marovitz moves -- Senate Bi11 905 is recommitted. And now ke will -- We will read in the the appropriation bills that are on the Agreed Bill List, and at the close of that, then we will then proceed to vote. Mr. Secretary read the bills.

ACTING SECRETARY: (MR. HARRY) Senate Bill 133. (Secretary reads title of bill) Senate Bill 258. (Secretary reads title of bill) Senate Bill 301. 29l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 (Secretary reads title of bill) Senate Bill 302. (Secretary reads title of bill) Senate Bill 303. (Secretary reads title of bill) senate Bill 304. (Secretary reads title of bill) Senate Bill 305. (Secretary reads title of bill) Senate Bill 306. (Secretary reads title of bill) Senate Bill 308. (Secretary reads title of bill) Senate Bill 310. (Secretary reads title of bill) senate Bill 311. (secretary reads title of bill) Senate Bill 334. (Secretary reads title of bill) Senate Bill 335. (Secretary reads title of bill) senate Bill 336. (secretary reads title of bill) Senate Bill 337. (Secretary reads title of bill) Senate Bill 338. (Secretary reads title of bill) Senate Bill 339. (Secretary reads title of bill) Senate Bill 340. (Secretary reads title of bill) Senate Bill 341. 292  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23# 1991 (Secretary reads title of bill) Senate Bill 342. (Secretary reads title of bill) Senate Bill 343. (Secretary reads title of bill) Senate Bill 344. (Secretary reads title of bill) Senate Bill 345. (Secretary reads title of bill) Senate Bill 346. (Secretary reads title of bill) Senate Bill 347. (Secretary reads title of bill) Senate Bill 348. (Secretary reads title of bill) Senate Bill 349. (Secretary reads title of bill) Senate Bill 350. (Secretary reads title of bill) Senate Bill 351. (Secretary reads title of bill) Senate Bill 352. (Secretary reads title of bill) Senate Bill 353. (Secretary reads title of bill) senate Bi11 354. (Secretary reads title of bill) Senate Bill 355. (secretary reads title of bill) Senate Bill 356. (Secretary reads title of bill) Senate Bill 357. 293  STATE OP ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legîslative Day May 23, 1991 (Secretary reads title of bill) Senate Bill 358. (Secretary reads title of bill) Senate Bill 359. (Secretary reads title of bill) Senate Bill 360. (Secretary reads title of bill) Senate Bill 361. (Secretary reads title of bill) Senate Bill 363. (Secretary reads title of bill) Senate Bill 364. (Secretary reads title of bill) Senate Bill 365. (Secretary reads title of bill) Senate Bill 366. (Secretary reads title of bill) Senate Bill 367. (Secretary reads title of bill) Senate Bill 368. (Secretary reads title of bill) Senate Bill 369. (Secretary reads title of bill) Senate Bil1 370. (Secretary reads title of bill) Senate Bill 371. (Secretary reads title of bill) Senate Bill 372. (Secretary reads tltle of bill) Senate Bill 373. (Secretary reads title of bill) Senate Bill 374. 294  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day May 23, 1991 (Secretary reads title of bill) Senate Bill 409. (Secretary reads title of bill) Senate Bil1 440. (Secretary reads tltle of bill) Senate Bill 953. (Secretary reads title of bill) Senate Bill 954. (Secretary reads title of bill) Senate Bill 956. (Secretary reads title of bill) Senate Bill 958. (Secretary reads title of bill) Senate Bill 959. (Secretary reads title of bill) And Sqnate Bill 1341. (Secretary reads title of bill) 3rd Readinq of the bills.

All right. The next roll call will be on the final passage of the bills just read by the Secretary. The question is, shall this series of bills pass. Those in favor will vote Aye. Opposed Will vote Nay, and the voting is open. Have a1l voted who wish? Have all voted who wish? Have al1 voted who wish? Have al1 voted who wish? Take the reeord. On that question, there are 57 Ayes: no Naysg none voting PresenE. The Nay and Present votes are recorded in the Office of the Secretary of the Senate, and this series of bills, having received the Constitutional majority, by record vote, are declared passed. And the record vote for each bill passedz shall be entered in the Journal. Further business to come before the Senate? Senator Keats.

295 r -'- STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SERATE TRANSCRIPT 32nd Legislative Day May 23, 1991 Very briefly. Just because of the unusual way we are doin: the budget, you will notice one bill in particular - 440 - has a significant 20-p1us votes against it. That is the Judicial Inquiry Board. Just so it's in the record. There is substantial frustration among many of the Members for the faet that they don't seem to do much. Not that their staff is unwilling to Work, but that franklyy judges who are caught doing things that We'd be sent to jail for, are often not disciplined or given reprimands. This is simply sending them a message that if they continue to be a do-nothing agency, perhaps we 'd be better off not paying for a do-nokhing agency. PRESIDENT ROCEZ A11 right. Senator Demuzio. SENATOR DEMUZIO: I think that We ought to adopt a new rule around here that says you can say anything you kant to, for a minute: after we adjourn. PRESIDENT ROCR: Okay. We'll bring that before' the Rules Committee. Al1 right. Further business? If not, Senator Demuzio moves that the Senate stand adjourned till Friday, May 24. Tomorrow mornin: at nine o 'clock in the morning, Ladies and Gentlemen, we Will begin with the Agreed Bill List, after we do some paperwork. So I'd urge everybody to be prompt. Nine o'clock tomorrow morning. Senate stands adjourned. 296  #h (. REPJRTI IIFLDAY STATE 0F ILLIROIS 92/:3/:0 PAGQZ 001 87TH GENSRAL ASSEMBLY 11:13:23 SENATE DAlt# TRAQSCRIPTION OF DEBATE I&9EX dzY 23* 1991 HB-0t2k FIRCT READING 13-0338 FIRST READING HB-Q3AL FIRGT READING H8-0455 FIRZT READING HB-Q#72 FIRST READING H8-0178 FIRZT READING î HB-0#80 FIRST REAOING 88-0528 FIR3T READING H8-0554 FIRST READING H8-0605 FIRST READING HB-O&0s FIRST RE40lNG Hö-Q819 FIRST READING H8-0628 FIRST REAOING HB-06TT FIRST READING HB-o&78 FIRST READING HB-ûTl8 FIRST READING 8:-073* FIRST READING HB-2T;0 FIRST READING HB-081l FIRST READING Hû-Q9#2 FIRST READING H8-1097 FIRST READING HB-tt01 FIRST READING HB-1t3# FIRST READING ' HB>tt60 FIRST READING HB-1l8& FIR3T READING HB-1t9s FIRST READING H6-120T FIRST READING 88-1228 P IRST READING H*-1254 FIRST READING HB-1286 FIRST READING HB- lG30 SIRST REAUING HB-t*#6 FIRST READING H:-l*75 FIRST READING HB-164# FIRST READING 68- t688 FIRST READING HB-17#G FIRST READING HB- 1804 FIRST READING H:-18#3 FIRST REAûING 88-:855 FIRGT READING HB-1ô8* FIRSF REAOING H8- t9#5 FIRST READING HB-1960 FIRST READING HB-20O6 FIRST READING 88-2056 FIRST READING H:-2:25 FIRST READING H3-2211 FIRST READING :8-2329 PIRST READING 88-2396 FIRST READING 88-2**3 FIRST READING 88-2521 FIRST READING . $B-00t0 RECALLED 58-0133 THIRD READING SB-0t95 SEEONO READING - SB-021# RECALLEO . 58-0258 THIRD READING 58-029* RECALLED - GB-Q30I THIRD READING :8-0302 THIRD RFADING :â-OB03 THIRD READING . SB-OBOG THIRD READING SB-0305 THIRD REAOING ::-0306 YHIRD READING SB-03O8 THIRD READING :B-0310 THIRD REAOING  = I 1 l Repoqr: TIFLPAY STATE OF ILLINOIS 92/03/10 ! pAcg: oo2 û7TH GENERAL ASSEMBLY 11:13:23 SENATE i DAILY TRANSCRIPTION OF DEBATE INDEX NAY 23. 1991 , sô-03lt relaa qgAolNc sB-o33. THlan XEAaING 1 s8-0335 THIRD READING 58-0336 THIRD READING SB-û33Y THIRD READING ' SB-Q338 THIRD READING . 58-:339 THIRD READING :B-Q3#0 THIRD READING sB-03#t THIRO RFADING = 58-03*2 THIRD READING :8-03#3 THIRD READING :3-034# THIRD READING SB-D3#5 THIRD REAûING 53-:3*8 THIRD R6â&1à6 SB-03*7 THIRD READING 58-:3*8 THIRD READING SB-Q3G9 THIRD READING SB-Q35B THIRD R6ADING u sB-G35t THIRD READING . 33-0352 THIRD READING 33-0353 THIRD READING :3-035* THIRD READING 38-0355 THIRD READING SB-Q356 YHIRO READING 33-0357 THIRD READING 33-Q358 THIRD READING 38-0359 THIRD READING SB-03&Q THIRD READING SB-û36l THIRD READING SB-O3s3 THIRD READING 58-036* THIRD READIKG . SB-D365 THIRD READING .5:-0366 THIRD READING u SB-0367 THIRD READING SB-O368 THIRD READING 88-0369 THIRD READING SB-03Tû THIRD READING . 38-0371 THIRD READING :3-0372 THIRD READING :8-0373 THIRD READING 53-Q37* THIRD kEADING :H-0393 R8CZLL/D SB-Q105 THIRD READING sB-0405 IHIRD READING 58-0409 THIRD READING ' S8-0#10 THIRO READING %B-0#39 THIRD READING SB-0**0 THIRD READfNG 'SB-0*#3 THIRD READING 58-0456 THIRD READING ' S8-C#5T THIRD READING 'G3-Q#58 THIRO READING SB-û#59 THJRD READING SB-û#68 THIRD READING Gô-D47l CHIRD âEADING . 53-0472 THIRD READING 38-0478 THIRD READING - GB-Q48G THIRD REAOING SD-0#85 THIRD READING sB-0#9T THIRD READING 3:-0500 THIRO READING sB-Q512 THIRD .READING SB-O520 THIRD RE40ING ' 53-052* THIRD READING  . . '' R< . - TIFLDAY tPORT: STATE OF ILLINOIS 92/03/10 PàGEZ 003 37TH GENERAL ASSEMBLY 11:13:23 S6NATE DAILY TRANSCRIPTION OF DEBATE INDEX MA# 23* 1991 TH1R9 REAOING RECALLED REEALLED THIRD READING THIRD READING THIRD READING THIRD READING THIRO REA9ING THIRD REAûING THIRD READING THIRO READING THIRD READING THIRD REAOING TH1R9 READING T81RD READING THIRD READING THIRD READING THIRO READING THIRD READING THIRD READING THIRD REAOING THIRD READING THIRD READING THIRD READING RECALLED THIRD READING THIRD READING THIRD READING THIRD READING THIRD READING THIRD READING THIRO READtNG THIRD READING THIRD READING FHIRO REAOfNG THIRD READING YHIRD READIRG THIRD READING THIRD READING THIRD READING THIRD REAOING THIRD READING RECALLED THIRD REAOING THIRD READING THIRD READING THIRD READING THIRD READING THIRD READING THIRD READING RECALLE: THIRD READING THIRD READING THIRD READING THIRO READING THIRD READING RECALLED ' THIRD READING TBIRD REAOING THIRD REAOING THIRD READING THIRD R6AOING THIRD READING THIRD REAOING  er . . * JQ - p REPORT: TIFLOAY STATE 0F TLLINOIS 92/03/1: PAGEZ 00& 87TH GENERAL ASSER:LY 1::t3:23 SENJTE DAILY TRANSCRIPTION OF DEBATE INDEX i MAY 23* :99: ' SB- IL&T FHIRD RQADING PAGE 27: : SB- 123l THIRO READING PAGE 212 SB- t3#t THIRD READING PAGE 295 - 58-1392 RECALLEO PAGE 20 . SR-0&25 RESOLUTION OFFERED PAGE 3 . SR-0#26 REGDLUTION OFFERED PAGE 3 HJk-00#6 RESOLUTION OFFERED PAGE 2 HJR-OQ*T RESOLUTION OFFERED PAGE 2 ' SJR-0058 RESOLUTION OFFERED PAGE 3 SUBJECT MATTER ' SENATE TO ORDER - PRESIDENT ROCK PAGE 1 PRAYER - REQEREND ROBERT WEISE PAGE 1 JOURNAL - APPROVED PAGE l . JOURNALS - POSTPONED PAGE l < MEGSAGES FROM THE HOUSE PAGE l INTRODUCTION OF GUESTS - SENATDR TOPINKA PAGE 23 . REMARKS BY KIYOSHI ISHIGAKI PAGE 24 ' INTRODUCTION 0F GUESTS - SENATOR HALL PAGE 38 REXARKG BY MAYOR GORDON BUSH PAGE 39 REMARKS 8# OLIVER HEN9RIEKS ' PAGE 39 RERARKS BY ALOERMAN MICHAEL COLLING PAGE 39 INTRODUCTION OF GUESTS - SENATOR BUTLER PAGE t34 REMARKS BY PAT FEIEHTfR PAGE l35 ADJOURNMENT PAGE 296