Illinois Senate Floor Debate — June 30, 1991

Exeeutive. Senator Vadalabene, for what purpose do you arise, sir?

Yes, thank you, Mr. President. Yesterday, I couldn't -- I don't remember what happened to the Cubs and the Cardinals, but today's game has started, and it's Cardinals 4, the Cubs nathing, first inning.

Senator Maitland can tell you what happened yesterday. Senator Brookins, for what purpose do you arise?

Mr. President, I just Want to know - are we eonfused in this Chamber? This is Illinois and the Cubs is in Illinois, the cardinals is in Missouri. Are we confused?

A11 right. Ladies and Gentlemen, if I can have your attention. I just conferred with Senator Philip. We were prepared to move from the top of the Calendar forward on the Order of House Bills 3rd Readlng. He has asked that that be deferred, and I agreed. So, with leave, we'll get baek to that Order of Business. What we'd like to do is start on the Calendar. It is Sunday, June 30, and so we would like to start on the Calendar on 1 I 3  1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 the Order of Secretary's Desk, Concurrencey and move through that Calendar and then Secretary's Desk, Non-concurrence, and move i through that Calendar . And then we will 9et back to House Bills I 3rd Reading. And in the meantime: I'm sure that the conferees are I aware that conference committee meetings are going on all over the ! building. So wedll do the best we can. PRESIDING OFFICER: (SENATOR DEMUZIO) Okay . Leave of the Body, Secretary's Desk, Concurrence - Senate Bi1l 155. Madam Secretaryy read the bill. SECRETARY HAWKER: House Amendment No. l to Senate Bill 155. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President: Ladies and Gentlemen of the Senate. I move that We concur with House Amendment No. 1 to Senate Bill 155. It's technical in nature. It's a change in terminology which changes a word from ''judgment debtor'' to 'you.' f It's part of the package to 1et the consumer know. PRESIDING OFFICER: (SENATOR DEMUZIO) ' Discussion? If not, the question is, shall tbe Senate coneur with House Amendment 1 to Senate Bill 155. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On tbat question, the Ayes are 54, the Nays are none, none voting Present. The Senate does concur with House Amendment 1 to Senate Bill 155. And the bill, having received the required constitutional majorityy is declared passed. Senate Bill 258, Madam Secretary, please. SECRETARY HAWKER: House Amendments l and 2 to Senate Bill -- 182. PRESIDING OFFICER: (SENATOR DEMUZIO) 4  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 1991 Senate Bill 258.

House Amendments L and 2 to Senate Bill 258.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you. would move that we non-concur With these two House amendments to Senate Bill 258.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock has moved that the -- to non-concur with House Amendments 1 and 2 to Senate Bill 258. A1l in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries. Secretary shall so inform the House. Senate Bill 301. Senator Rock. 301, Madam Secretary.

House Amendment No. 1 to Senate Bill

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Move that We non-concur.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock has moved that the -- moves to non-concur with House Amendments -- House Amendment 1 to Senate Bil1 All in favorg indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries. Secretary shall so inform the House. 302. Senator Weaver. 302. Senator Weaver. 303. S#nator Welch. Senator Welch on the Floor? 304. Senator Ralph Dunn. 305. Senator Carroll . On the Order of Secretary 's Desk , Concurrence : middle cf Page 11, is Senate Bill 305, Madam Secretary .

House Amendment No . 1 to Senate B(t1 3û5 .

PRESIDING OFFICER: (SENATOR DEMUZIO) 5  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Senator Carroll.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I'd move that the Senate non-eoncur with House Amendment No. 1 to Senate Bill 305, and ask that a committee on conference be appointed.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll has moved to non-concur with House Amendment 1 to Senate Bill 305. Al1 in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. The motion carries. Secretary shall so inform the House. 306. Etheredge. 308 . Senator Severns. Madam Secretary, Senate Bill 308.

House Amendment No. l to Senate Bill 308.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Severns.

Thank you, Mr. President, Members of the Senate. I move that we not eoncur with House Amendment No. 1, that a conference committee be -- be named.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Severns has moved to non-concur with House Amendment l to Senate Bill 308 . Al1 those in favor, indicate by saying Aye . Opposed . Nay . The Ayes have it . Motion carries # and the Secretary shall so inform the House. Senate Bill 310. Weaver. 31l. Weaver. 334. Woodyard. Top of Page 12. 336. 337. 338. 339. Hawkinson. 344. Schaffer. 345. Turn to Page 13. Butler. 349. 350. Philip . 352. Etheredge. 353. Butler. 354. DeAngelis . 355. Etheredge . 356 . Ralph Dunn . 57 . 58 . Senator Donahue. Well, we just as well turn to Page 14. Does anybody have a bill on that page they wish to have called? Senate Bill 409, Madam Secretary. Bottom of Page 14. Read the bill. 6 -. . . 1  ; STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 I SECRETARY HAWKER : House M endments 1, 2# 3, 4, 5, 6, 9 and 10 to Senate Bill 409 . PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll . SENATOR CARROLL : Thank you , Mr . President . I hate to be lonely on that page y ' ' so I Would, therefore, move that the Senate non-concur with House Amendments 1, 2, 3z 4, 5 , 6 , 9 and 10 to Senate Bi11 409, and ask that a colnmietee on conference be appolnted. PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right . Senator Carroll moves that the -- to non-ccncur With House Amendments l: 2: 3, 4, 5r 6r 9 and 10 to Senate Bill 409. A11 in favor, indicate by sayin: Aye. Opposed, Nay. The Ayes have it. The motion carries# and the Secretary M all so inform the House. Page 15. Senate 497. Luft. I'm sorry. Senate Bill 497. Senator Luft. Top of Page 15. 629. 837. Senator Rock . On the Order of Secretary 's Desk , Concurrence , Paqe 15 , is Senate Bi11 837, Madam Secretary. SECRETARY HAWKER: House Amendments l and 6 to Senate Bill 837. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock . SENATOR ROCK : ' Move to non-concur . PRESIDING OFFICER: (SENATOR DEMUZ10) Senator Rock has moved to non-concur With House M tendlltents 1 and 6 to Senate Bill 837. Al1 in favor, indieate by saying Aye. Opposed , Nay . The Ayes have it. Motion carries , and the Secretary shall so inform the House. 843 . None . Senate Bill 956. Senator Hall. Madam Secretaryr read the bill. SECRETARY HAWKER : . 7  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRXNSCRIPT 55th Legislative Day June 30, 1991 Hcuse Amendment No. l to Senate Bill 956. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall. SENATOR HALL: I move to non-concur on 956. PRESIDINC OFFICER: (SENATOR DEMUZIO) All right. Senator Hall moves -- moves to non-concur With House Amendment l to Senate Bill 956. A11 in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carriesz and the Secretary shall so inform the House. Senate Bill 958, Madam Secretary, please. SECRETARY HAWKER: House Amendment No. l to Senate Bill 958. PRESIDINC OFFICER: (SENATOR DEMUZIO) Senator Hall. SENATOR HALL: I move to non-concur, and a conference committee be appointed. PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Hall moves to non-concur -with House Amendment l to Senate Bill 959 <sic>. A11 in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. 973. Leave to come back to that one? Leave is granted. Senate Bill 989. Senator Joyce. I'm sorry. I skipped one. 959. Madam Secretary. Senate Bill 9-5-9, Madam Secretary. SECRETARY HAWKER: House Amendnent No. l to Senate Bill 959. PRESIDING OFFICER: (SENATOR DEMUZIO) Senatar Hall. Senator Hall. Thank you, Mr. President. I move to non-eoncur With 9-5-9, Amendment No. 1. I 8  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 55th Legislative Day June 30, 1991

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Hall moves to non-concur with House Amendment to Senate Bill 959. Those in favor, indieate by saying Aye. Opposed, Nay. The Ayes have Motion carries. Secretary shall so inform the House. Senate Bill 989. Senator Joyce. 1337. Senator Collins. Senate Bill 1341. Senator Vadalabene. On the Order of -- bottom -- bottom of Page l5, Secretary 's Desk, Concurrence, is Senate Bill 1341, Madam Secretary.

House Amendment No. 1 to Senate Bill 1341.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Vadalabene.

Yes, thank you, Mr. President. I move not -- to non-concur with House Amendment No. l to 1341.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Vadalabene has moved to non-concur with House Amendment 1 to Senate. Bill 1341. A1l in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carriesz and the Secretary shall so inform Ehe House. Page 319. Senator Roek, you want to -- should We continue on Non-concurrences on Page l6? A1l right. Page 16 is Non-concurrence, is 'House Bill 319. With leave of the Body, we'll 1et Senator Rock handle that bill. House Bill 319, Madam Secretary. SECRETARY HAWKER; Senate Amendment No. l to House Bill 319.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

I would move that the Senate refuse to recede from the adoption of Senate Amendment No. 9 ! STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 PRESIDING OFFICER: (SENATOR DEMUZTO) I I Senator Rock has moved that the Senate refuse to reeede from the adoption of Senate Amendment No. 1, and that a conference committee be appointed. All those in favor, indicate by saying J Aye. Opposedy Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. House Bill 373, Madam Secretary, please. SECRETARY HAWKER: Senate Amendment No. l to House Bill 373. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall. , SENATOR HALL: Thank you, Mr. President. I refuse to recedey and ask that a conference cammittee be appointed. PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Hall has moved that the Senate refuse to recede from the adoption of Senate Amendment No. l to House Bill 373: and that a conference committee be appointed. Those in favor, indicate by saying.Aye. .opposed, Nay. The Ayes have it. Motion carries. Secretary shall so lnform the House. House Bill 376. Senator -- al1 right. Madam Secretary, House Bill 376. SECRETARY HAWKER: Senate Amendment No. l to House Bill 3-7-6. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll. . SENATOR CARROLL: Thank you: Mr. President, Ladies and Gentlemen of the Senate. I thought Senate Amendment No. l was pretty good, so I will refuse to recede from Senate Amendment No. 1, and ask that a committee on conference be -- PRESIDING OFFICER: (SENATOR DEMUZIO) ' Senator Carroll has moved that the Senate refuse to recede 10  1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 from the adoption of Senate Amendment No. l to House Bill 376. A1l in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. House Bill 378, Madam Secretary.

Senate Amendment No. l t' o House Bill 378.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall.

Thank you, Mr. President. I refuse to recede, and ask that a conference committee be --

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall moves that the Senate refuse to reeede from the adoption of Senate Amendment No. l to House Bill 378, and that a conferenee committee be appointed. A11 in favcr, indicate by saying Aye. Opposedy Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. House Bill 384, Madam Secretary.

Senate Amendment No. 1 to House Bill 384.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move that the Senate refuse to recede from Senate Amendment No. 1 to House Bill 384, and a committee on conference be appointed.

PRESIDING OFFICER: (SENATQR DEMUZIO) Senator Carroll has moved that the Senate refuse to recede from the adoption of Senate Amendment No. 1 to House Bill 384, and that a conference committee be appointed. A11 in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. House Bill 393, 11  1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Madam Secretary.

Senate Amendments l and 2 to House Bill 393.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you. would -- Mr. President, I would move that the Senate refuse to recede from its adoption of Senate Amendments l and 2, and ask that a conference committee be appointed.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock has moved that the Senate refuse to recede from the adoption of Senate Amendments l and 2 to House Bill 393, and that a conference committee be appointed. All in favorz indicate by saying Aye. Opposed, Nay. The Ayes have Motion carries, and the Secretary shall so inform the House. House Bill 395, Madam Secretary.

Senate Amendment No. to House Bill 395.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you, Mr. President. I would again move that the Senate refuse to recede from the adoption of Senate Amendment No. 1, and ask that a conference committee be appointed.

PRESIDING OFFICER: (SENATOR DEMUZIO) senator Rock has moved that the Senate refuse to recede from the adoption of Senate Amendment No. to House Bill 395, and that a conference committee be appointed. A11 in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carrles, and the Secretary shall so inform the House. House Bill 505. Senator Carroll. Madam Secretary, 505.

12  ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l 55th Legislative Day June 30, 1991 Senate Amendments 1, 2, 3 and 4 to House Bill 505. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll. SENATOR CARROLL: Thank you, Mr. President and Ladies and Gentlemen of the Senate. I move that the Senate refuse to recede from Senate Amendments 1, 2, 3 and 4, and ask that a committee on conference be appointed. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll has moved that the Senate refuse to recede from the adoption of Senate Amendments 1, 2, 3 and 4 to House Bill 505, and that a conference committee be appolnted. A1l in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. House Bill 545. Senator Savickas. 545, Madam Secretary. SECRETARY HAWKER: Senate Amendment No. l to House Bill 5-4-5. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Savickas. . - SENATOR SAVICKAS: Yes, I -- I Would move that the Senate refuse to accede to the House's demand, and a conference committee be appointed. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Savickas has moved that the Senate refuse to recede frcm the adoption of Senate Amendment No. l to House Bill 545, and that a conference committee be appointed. A11 those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. House Bill 581. Senator Schaffer. 629. Topinka. 631. Etheredge. 633. Topinka . Page 17. Does any Member on that page have a bill that they wish to have called? Page 17? Page l8? Page l8? Bottom of Page 18 is House Bill 736. Madam Secretary, please. 13  I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 SECRETARY HAWKER: I Senate AmendmentNo 1 to House Bill 7-3-6. . h

PRESIDING OEFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move that the Senate refuse to recede from Senate Amendment No. l to House Bill 736, and that a committee on conference be appointed.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll has moved that the Senate refuse to recede Erom the adoption of Senate Amendment No . 1 to House Bi11 736, and that a conference committee be appointed. A1l in favory indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. House Bill 737. House Bill 808. Senator Carroll, With leave of the Body, will handle that. House Bill 808, Madam Secretary.

Senate Amendments k and 2 to House Bill 808. -

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you: Mr. President and Ladies and Gentlemen of the Senate. Senator Demuzio does not like us -- the House not to accept. Soy therefore, we refuse to recede from Senate Amendments i and 2 to House Bill 808, and ask that a committee on conference be appointed.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll has moved that the Senate refuse to recede from the adoption of Senate Amendments 1 and 2 to House Bill 808, and that a conference committee be appointed. Al1 those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion I i 14  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 carries, and the Secretary shall so inform the House. House Bill 8-8-7, Madam Secretary. Senator Berman, 8-8-7. Madam Secretary.

Senate Amendments 1, 4, 6, 7 and 9 to House Bi11 8-8-8.

PRESIDING OFFICER: (SENATOX DEMUZIO) Well, 8-8-7. think we skipped one.

Excuse me. Thank you.

PRESIDING OPFICER: (SENATOR DEMUZIO) Leave of the Body, we'll go back to the Order of House Bill 8-8-7, Madam Secretary.

Senate Amendment Ho. l to House Bill 8-8-7.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.

Thank you, Mr. President. I move that we refuse to recede frcm Senate Amendment No. and that a conferenee committee be appointed.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Berman has moved that the Senate refuse to recede from the adoption of Senate Amendment No. l to House Bill 8-8-7, and that a conference committee be appointed. Al1 in favor, indicate by saying Aye. Opposed: Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. House Bill 8-8-8, Madam Secretary.

Senate Amendments 1, 6, and 9 to House Bill 8-8-8.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you, Mr. President. T Would move that the Senate refuse 15  j STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 55th Legkslative Day June 30, 1991 to recede from its adoption of Senate Amendments 1r 2, 4, 6, 7 and 9, and request a eonference committee.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock has moved that the Senate refuse to recede from the adoption of Senate Amendments 2, 4, 6, 7 and 9 to House Bill 8-8-8, and that a conference committee be appointed. A1l those in favor, indicate by saying Aye. Opposed , Nay. The Ayes have Motion carries, and the Secretary shall so inform the House. House Bill 1-0-4-8. Senator Alexander. 1-0-4-8, Madam Secretary.

Senate Amendments 1 and 3 to House Bill 1-0-4-8.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Alexander.

Mr. President, I am requesting that the Senate refuse to recede from House Bill 1048, and that a conference committee be appointed.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senatar Alexander has moved that the Senate refuse to recede from the adoption of Senate Amendments 1 and 2 to House Bill 1048, and that a conference committee be appointed. Al1 those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have Motion carries, and the Secretary shall so inform the House. House Bill 1101, Madam Secretary. Read the bill.

Senate Amendment No. House Bill 1101.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

Thank you -- thank you, Mr. President. move that the Senate refuse to recede from Senate Amendment No. l on House Bill 1101, 16  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 55th Leqislative Day June 30, 1991 and ask that a committee of conferenee be appointed.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs has moved that the Senate refuse to reeede from the adoption of Senate Amendment No. l to House Bill 1101, and that a eonference committee be appointed. A1l those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Amendment -- the motion'carries , ind the Secretary shall so infcrm the House. House Bill 1223. Senator Davidson. Madam Secretary -- nope. House Bill 1155. Senator Carroll. Madam Secretary, House Bill 1-1-5-5.

Senate Amendment No. to House 3i1l 1155.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President and Ladies and Gentlemen cf the Senate. The Speaker to the eontrary notwithstanding, I nove We refuse to recede from Senate Amendment No. to House Bill 1155, and that a committee on conference be appointed.

PRESIDING OFPICER: (SENATGR DEMUZIO) Senaeor Carroll has moved that the Senate refuse to recede from the adoption of Senate Amendment No. to House Bi11 1155, and that the conference committee be appointed. All those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have Motion carries, and the Secretary shall so inform the House. House Bill 1296. Senator Rigney. Madam Secretary, House Bill 1-2-9-6.

Senate Amendment No. to House Bill 1-2-9-6.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rigney.

17  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 1991 Mr. President, for a little change of pace, wefre going to move, in this particular case, to recede from this amendment. This was the amendment affecting the Rockford Airport, and 1 sense that I'm not going to be able to pass that amendment, so I'm going to move to recede on the amendment to 1296.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? All right. This will be final action: Senator. The question is, shall the Senate recede from Senate Amendment No. l to House Bill 1296. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Have a1l voted who wlsh? Take the record. On that questionr the Ayes are 58, the Nays are none, none voting Present. The Senate recedes from Senate Amendment No. to House Bill 1155 Ksic>. And the bill, having received the required eonstitutional majority, is declared passed. House Bill 1431, Madam Secretary, please.

Senate Amendments 1 and 2 to House Bill 1431.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson.

Thank you, Mr. President. move that we refuse to recede from Senate Amendments No. 1 and No. 2, and ask that a committee of conference be appointed.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson has moved that the Senate refuse to recede from the adoption of Senate Amendments 1 and 2 to House Bill 1431, and that a conference eommittee be appointed. A11 those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have Motian carries. Secretary shall so inform the House. House Bill 1911. Senator Luft. Luft on the Floor? House Bill 2147. Senator Joyce. Al1 right. Senator Joyce wishes -- Page 19 is House Bill 18 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Leqislative Day June 30# 1991 1 2147, Madam Secretary, please. 2147. Take it out of the record. A11 right. House Bill 2147. Madam Secretary, read the bill. SECRETARY HAWKER: Senate Amendment No . l to House Bilk 2147. PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Joyce. SENATOR J.E. JOXCE: Thank you, Mr. Presldent, Members of the Body. I move to non-concur With House Amendment No. l to -- to House Bill 2147, and ask that a conference committee be appointed. PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Joyce has moved that the Senate not -- refuse to recede from the adoption of Senate Amendment No. 1 to House Bill 2147, and that a committee of conference be appointed. A11 in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. We're going to proceed through the rest of the Calendar. There are Members that have expressed some lndieation of Wanting to go back to other bills. We will do that later on. Al1 ' rlght. Page 2l. Leave of the Bodyz Consideration Postponed, Concurrences, Senate Bill 1345, Madam Secretary. Considerafion Postponed, Concurrence. SECRETARY HAWKER: Senate Bill 1345. (Secretary reads title of bill) PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton. SENATOR CULLERTON: Thank you, Mr. President, Members of the Senate. I would move to non-concur with House Amendments No. l and 2 to Senate Bill 1345. PRESIDING OFFICER: (SENATOR DEMUZIO) 19  ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 A1l right. Senator Cullerton has -- Senator Cullerton, repeat that again. I Was listeninq --

The motion is, I would move to non-concur with House Amendments No. 1 and 2 to Senate Bill 1345.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Cullerton has moved to non-concur with House Amendments 1 and 2 to Senate Bill 1345. Al1 those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. A1l right. With leave of the Body, on Page 2l, we'll go to the Kotkons kn Wrëting . With leave of the -- leave of the Body: we will go to Senate Bill 216. That motion, Madam Secretary.

I move to reconsider the vote by which the Senate non-concurred in House Amendment No. 1 to Senate Bill 216. Filed by Senator Savickas.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Savickas.

Mr. President, with leave of the Body, I would have my name removed as a sponsor and have Senator Raica replaced in that instead.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Is there leave to have Senator Raiea substituted for Senator Savickas as the sponsor of Senate Bi11 2167 Leave is granted. Senator Savickas has moved -- alL right. Wùth leave of the Body -- Senator Raica.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Having voted on the prevailing side of Senate Bill 216, I Wish to reconsider the vote by Which Senate Bill 216 failed. 20  : STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 i PRESIDING OFFICER: (SENATOR DEMUZIO) j Is there a discusslon? Senator Watson. Is there a discussion on this motion?

Nope.

PRESIDING OFFICER: (SENATOR DEMUZIO) Your light is on.

Well, thank you. I appreciate your bringing that up.

PRESIDING OFFICER: (SENATOR DEMUZIO) K11 right. Senator Raica has moved to reconsider the vote by which the Senate non-concurred with House Amendment 1 to Senate Bill 216. A11 in favor will vote Aye. Those opposedr Nay . The voting is open. Have a11 voted Who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 4l, the Nays are 6, none voting Present. Motion is adopted, and the -- Senate Bill 216 is -- and the Motion to reconcur Qsic> -- is reconsidered. Senator Raica, Senate Bill 216, with that Order of Business. .-Madam Secretary, Senake Bill 216. SECRETARY HAWKER: ' ' ! I House Amendment No. 1 to Senate Bill 216.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica.

Yes, Mr. President. I just move to confer with House Amendment No. l to Senate Bill 216.

PRESIDING OFFICER: (SENATOR DEMUZIO) You mean confer or eoncur?

Concur, I'm sorry. It's early. We just got back from the beaeh. 21  1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991

PRESIDING OFEICER: (SENATOR DEMUZIO) Is there discussion? Al1 right. The question is a11 right. Senator Berman.

Would the sponsor explain what we're doing?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica.

I Wish I knew. I got it about three minutes ago. So, if you Want, we can -- I think this amendment, I'm not mistaken, just adds an effective date. Senator Savickas can correct me if I'm wrong.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? If not, this is flnal action. If not, the Senate -- the question is, shall the Senate concur in House Amendment 1 to Senate Bill 216. Those in favor will vote Aye. Those opposed: Nay. The voting is open. Have all voted Wha Wish? Have a11 voted Who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 24, the Nays are 18, 4 voting Present. The Concurrence Motion fails. And the Secretary shall so inform the House. A11 right. Senator Watson: for what purpose do you arise?

Thank you, Mr. President. I'd like to go back, could, to Senate Bill 364 and 365. Inadvertently, was off the Floor as we are the las: few hours of a Session - dealing with whomever. was off the Floor. I'd like to get this matter taken care of.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson is requesting leave to go back to Page 13 for Senate Bill 364 and for Senate Bill 365. Is leave granted? Did you vote for your own motion? Leave granted. On the Order of Page Seeretary's Desk: Concurrence, is Senate Bill 364, Madam 22  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Secretary. Read the bill.

House Amendments 2, 4, 6, 9, 10 and 11 to Senate Bill 364.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Yes, thank you, Mr. President. think I Was the only one voting for my motion. This is the D0T appropriation bill, Senate Bill 364. As it left the Senate, was two billion four hundred and sixty-one thousand -- two billion four hundred and sixty-one million eighty-nine thousand four hundred and eighty dollars. The amendments that were offered in the House reduced the appropriation from the original amount, and noW We have two billion four hundred and sixty-two thousand it's a lct of money. Two billion four hundred and sixty-two million tWo hundred and twelve thousand four hundred and eighty. 1'11 be glad to explain the House amendments, if you so wish; otherwise, I would concur with House action and ask for favorable support.

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

Question of the sponsor. Why -- why is the Governor so concerned about the Department of Transportation billion-dollar boondoggle budget and obviously is not concerned, it appears, about the Department of Public Aid, or the Department of Agriculture, or the Department of Mental Hea1th, or the Department of Children and Family Servtces, and a11 the other budgets that he is sitting upon over there? What's the urgency for khis one?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

STATE OF ILLINOIS i 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Well, don't know that there is any urgency, Senator. was just off the Floor when we called earlier. I'd like to see the matter progress and get to the Governor's Office. The Governor hasn't talked to me about this. Welre only talking about seventeen million out of the GRF. The rest of is a11 Road Fund money. I don't know What the problem is here. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Carroll. SENATOR CARROLL: Well, Mr. President, Ladies and Gentlemen of the Senate, Would suggest that that we do not support Senator Watson's Motion to Concur, and, in fact: non-concur. think this is clearly one of those pieces of legislation that is not in proper shape to get to the Governorfs desk. Some of the House action is teehnically incorrect. Some of it, I believe, undoes things that both the Governor has supported and that the Senate has supported. And think cleârly this is one of those types of legislation that Members Would Want to see in conference, and Would urge a No vote. PRESIDING OFFICER:- ISENATOR DEMUZIO) A11 right. Further discussion? Senator Welch. SENATOR WELCH: Yes, thank you. I'd just like to point out to that side that these negotiaticns that we've been having on the budget touched upon this budget, and the agreement yesterday at the table, with two Republican Senators, was we Wouldn't address that until tcday. Well, we haven't met yet. This seems to me to be not actin: in good faith with these negotiations. All of the budgets that wefre acting on# as we agreed in our neqotiations, hinge upon each other. Now, Senator Watson, what you're trying to do ls take this one out, obviously for Well, not so obviously for some particular reason. think have an idea of what the reason is. But nonetheless: each budget hinges upon each other. We have been 24  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 waitinq to determine how much revenue we have before we start Working on these larger budgets. Now, seems to me that this Was part of an agreement between the Democrats and Republicans. Now, if you Want to start unraveling these agreements on June 30th at 2:25 in the afternoon, ue are going to be here a very long time. And I would suggest that you take this out of the record at this point, so that the budqet process can - at least something around here can - continue on in a normal fashion, and maybe the budget process is the only thing We have eontinuing in a normal fashion.

PRESIDING OPFICER: (SENATOR DEMUZIO) Further discussion? Senator Leverenz.

The sponsor yield?

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

If we agree with your motion, this goes to the Governor is that correct?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Yes, that's correct.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.

And can you tell me khere any of the other budgets arev or do you think that the Public Aid budget may go, or DCFS budget may go to the Governor today so that those Would be catching up or get there at the same time as thls budget?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Watson. 25  I STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30# 1991 SENATOR WATSON: ! Well, I'm not the sponsor of -- of those budgets. I'm -- I'm the sponsor of the Department of Transportation's budget and their reallocation. I don't really honestly know what the program is for those other budgets you mentioned. I want to see this budget passed and go to the Governor. I -- I think itfs in good shape. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz. . ' SENATOR LEVERENZ: I admire your brilliance occasionally, but you did not answer my question. Do you have any idea if the other budqets will a1l go together to take care of poor people, homeless people, at the same time that this one Will? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson. SENATOR WATSON: Well, I haven't been in those meetings, and I quite honestly can't tell you what the program is. PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Leverenz. SENATOR LEVERENZ: Mr. President, then I would implore upon the Gentleman that he Would give strong consideration to the following. As this gets to the Governor, he ean sign it; and as of the first day of the new fiscal year, you can Write a check to a road builderr but a poor person can't pay an electric bill, will not be able to eak, will not be able to exist, based upon exactly what the Gentleman is doing now. I think you should perhaps even be ashamed of yourself and take this motion out of tbe record until we can ge* the other budgets and take care of the funding source and take care of the things that are important to the people and the taxpayers in the State, rather than be able to write a cheek to a contractor - 26  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 because you can't eat a road.

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

Thank you, Mr. President. was a little bit committed to vote for -- for both 364 and 365, because I do think that it's a altogether separate item, butz in fact, Senator Welch has indicated that there was supposed to be an agreement. And, Senator Welch - Senator Welch - if that is true that there was to be an agreement worked out between the ewo of you today, I'm prepared to to, if you might say, rene:e on my agreement at this time. I still thtnk that there is a tremendous difference between road funds and the General Fund, and Want to make that commitment now. But I think there had been an agreement, that would like to just say that I will join this side of the aisle in saying No.

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

Thank you, Mr. President, Members of the Senate. As a- member of the Budget Conference Committee, we sat down there yesterday, and I don't think it's a secret to anyone that there has been agreement on b0th sides of the aisle on the Donated Funds Initiative. We've not even moved *he Donated Funds Initiative Where both sides of the aisle and the Governor agrees that no dtsagreement continues to exist. And yetg on this bill, the Department of Transportation even opposes many parts -- many amendments contained within this bill. What are we doing this for? I think the -- the points -- the best judgment, as it relates to the people of Illinois, have already been made, but -- but fram a technical point of view, DOT opposes many parts of this bill. And to keep in agreement what -- what Wedve discussed and 27  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 have agreed to at the budget table, frankly with -- with not total sense of coneurrenee, is that -- that these bills ought not move yet. And I think -- think a No vote on this motion is the best way to go.

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

Thank you. You know, this discussion goes beyond this budget. What this goes to is the fact that we have several representatives from the Senate meeting downstairs in the Governor's anteroom discussing the budget, and we come back here and tell then what's going on. Well, we came back here and told them that there's an agreement to hold off on thls budget. And I'd like to ask Senator Etheredge or Senator Maitland exactly what their understanding of the agreement is. As Senator Severns said yesterdayr we agreed on the DFI budget, but We are going to hold off on it. We could pass that one just as easy; but because it was one of the major budgets, like Transportationy We agreed not to move So like to have a response from Senator Maitland or Senator Etheredge ' on the record, so letls see where we are today. I thought we knew where we were yesterday when we worked on many of the smaller budgets. We held off on the larger budgets, such as ehis one, till today. Now, I don't know if Senator Watson has talked to Senator Maitland and Etheredge I certalnly hope that he Would but I would like to hear from either Senator Etheredge or Senator Maitland as to what their understanding of *he agreement is# because this is goinq to affect everything that happens from here on out. So, please, Centlemen, one of you, if you'd please take the microphone and explain to us exactly what your understanding is on these major budgets, because there are some other budgets that some Members on this side would probably like to pass without further cutsp as well. 28  I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 PRESIDING OFFICER: (SENATOR DEMUZIO) I Furtherdiscussion? Ifnot,SenatorWatsonmayclose. 1 I SENATOR WATSONZ Thank you. Well, it's unfortunate that this has got caught up in the obvious political negotiations that are gokng on# which really has absolutely nothing to do with the Department of Transportation and their budget. The vast majority of their money comes from Road Fund dollarsv which are paid for by the taxpayers at the pump, who deserve adequate road construction and maintenance. That's basically What this is a11 about. You talk about the General Revenue Fund and the concern you have for thati' this budget, as it passed the House, is actually less money out of the General Revenue Fund than what -- than the Governor asked for. So we 're taking steps in the right direction to try to conserve money in General Revenue Fund so that we have -- money for programs that you're concerned about. I -- I think that the proper vote is Yes, and I ask for concurrence, and ask for obvious . roll call and of a Yes vote. Thank you.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question isy shall the Senate concur with House Amendments 1, 2, 4, 5: 6, 7, 8, 9, 10 and 11 to Senate Bill 364. Those in favor will vote Aye. Those opposedz Nay. The voting is open. Have all voted who wish? Have a11 voted Who wish? Take the record . On that question, the Ayes are 29, the Nays are 20, 2 voting Present. The motion fails, and the Seeretary shall so inform the House. Senator Watsong do you wish to proceed with the next bill? Senator Watson. Senate Bill 365, Madam Secretary.

House Amendment No. 1 to Senate B#1l 365.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Watson.

29  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30. 1991 Yes, Ifd like to have Postponed Ponsideration for Senate Bill 364.

FRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Watson has requested Senate -- Postponed Consideration on 364. That is in order. Postponed Consideration. Senate Bill 365, Senator Watson. Same -- Senator Watson. mean -- tell me -- could you tell me What you intend to do? That's a1l

I'd like to -- yeah, I Would like to have my microphone on. Thank you. And I would like to...

PRESIDING OFFICER: (SENATOR DEMUZIO) We haven't read the bill yet.

Concur with...

PRESIDING OFFICER: (SENATOR DEMUZIO) We havenlt read the bill yet. I just wanted to know whether or not you Wanted ealled. I'm sorry. Senate Bill 365, Madam Secretary. Read the bill. please.

House Amendment No. l to Senate Bill 365.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Thank you. Xes, I1d like to concur with House Amendment No. l to Senate Bill 365. This is the reappropriation for the Department of Transportatlon. As it passed the Senate: it was two billion five hundred and seventeen million ninety-three thousand faur hundred dollars. As it passed the House, and in the current situation current shape it's tWo billion three hundred and thirty-three thousand seven hundred -- two billion three hundred and thirty-three million seven hundred and nineey-nine tbousand 30  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 55th Legislative Day June 30, 1991 three hundred and eighty dollars. ask for concurrence and a favorable vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Carroll. SENATOR CARROLL; Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise in opposition to this motion for a couple reasons. I reeognize it's important to pay the eontractors. They have been doing the road Work. think it's equally important to pay the hospitals who have been taking care of people, to pay the nursing homes who have been taking care of peoplez to pay the pharmacists who have been taking care of people, to assure those who are unfortunately in need of some form of public assistance, that their checks will go out. The Governor has said, on several occasions, that he w1ll not deal with - and does not want us deal With a pieeemeal approach; that hey in facty vetoed the Public Aid money so ehose people wouldn't starve in July. He vetoed anyway, saying piecemeal was wrong. Some people seem more concerned with road contractors than With hospitals, pharmacies, nursing homes, people on Public Aid, and I think that's wrong. In addition to this, I remind those Members who had projects in the supplemental appropriation, namely the Senate Republican Caucus, those projects are noW dead if this bill passes, because one amendment missing in this bill is the reappropriation for those projects. you don't want them. vote yes. They were your projects. But I susgest we vote No.

PRESIDING OPFICER: (SENATOR DEMUZIO) Purther discussion? Senator Pawell.

Thank you very much. Senator Carrollr would you mind answering a question for me? I1m a little confused on this Whole thing. I thought we're talking about apples and oranqes. When 31  STATE OF ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 the when the Governor said he didnft want a piecemeal budget, my understanding was what he was talking about Was the General Re'venue funds , which is an entirely different bank account, if y/u will, than from the Road funds. The Road funds, I Was told a long time aqo, are dedïcated funds that eome from the gas tax and can only be used, according to our Statutes, for nine different things. When I was down in East St. Louis, in factr East St. Louis got into a great deal of trouble beeause they attempted to use for other things. We have told people, accordinq to our Statutese that we can use it for roads, We can use it for curbs, we can use it for street lights and for stoplights and other such things, but We cannot - we cannot - use for hospitals. We cannot use it for Public Aid. Nowz you know, am I wrangz or are you talking about possibxy borrowing maney from thïs Road Pund in the future?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President. Senator Eawell, though I am'not the sponsor, am pleased to answer your question. I have not talked about borrowing money from this Fund. Therefs twenty-five million dollars of General Revenue funds in here. There are fifteen funds involved, not just the sacred Road Fund. Contractcrs are contractors are contractors, wherever they happen to do business with the State of Illinois. But there is twenty-five million dollars of General Revenue funds - yes, those funds that will keep hospitals open, keep nursing homes in business, allow pharmacies to do business and keep people from starving - that's the General Revenue Fund. Twenty-five million of that is in this reappropriation bill, and fifteen other funds are in here as well.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? If not, Senator Watson may 32  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 elose.

Well, thank you. To correct Senator Carroll, it's actually twenty-two million -- rough -- twenty-two million five hundred thousand, instead of twenty-five million. So it's not quite as great a What he thought in the impact that we have on GRF. The sad part about this is the re-allocation. This is money thatls already allocated for various road projects throughout the Statey many of whom I'm sure are probably your districts. We're talking about out of here the Road Fund money - Road Fund dollars that's in here - two billion three hundred and eleven million dollars. Those are dollars that those people out there driving the roads of Illinois have paid. They deserve to have those roads maintained and constructed. Welre not -- this has no impact on Public Aid or nursing homes or hospitals. This has an impact on the people who are paying the taxes at the pump, and that the obvious right vote on this is a Yes vote, and I'd appreciate and ask for a roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall the Senate concur with House Amendment to Senate Bill 365. Those in favor will vote Aye. Those opposedz Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 30, the Nays are 20e 3 voting Present. The Senate does concur witb House Amendment 1 to Senate Bill 365. And the billy havins received the required constitutional majority, is declared passed. Senator Rock, for what purpose do you arise?

Request a verification of the affirmative.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock has requested a verification of the Members Who 33  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislatlve Day June 30, 1991 voted in the affirmative. Madam Secretary, please read the names of those Members who voted in the affirmative.

The following Members voted in the affirmative: Barkhausen, Butler, Davidson, DeAngelis, Donahuer Dudycz, Ralph Dunny Etheredge, Pawelle Priedland, Geo-Karis, HaWkinson, Hudson, Karpiel, Keats, Maedonald, Madigan, Mabar. Maitlandy O'Daniel, Philip, Ralca, Rea, Rigneyz Schaffer, Schuneman, Topinka: Watson, Weaver and Woodyard.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock: do you question the presence of any Member voting in the affirmative?

Senator DeAngelis on the Floor?

PRESIDING OPEICER: (SENATOR DEMUZIO) Senator DeAngelis on the Floor? Senator DeAngelis on the Floor? He's in his seat. Al1 right. On the verified roll...

Senator -- Senator Topinka on the Floor?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Topinka is in the back of the Republican side of the Chamber. Al1 riqht. On the verified roll call, there are 30 Ayes: 20 Naysy 3 voting Present. The Senate does coneur With House Amendment to Senate Bill 365. And the billy having received the required constitutional majority, is declared passed. I'm sorry. Senator Watson, for what purpose do you arise? SENATOR WATSONZ Yes, thank you. Preyiously, consideration was given to a Member to go baek to Postponed Consideration for consideration af a -- of a legislation that failed, and I would like to have that same consideration to go back to that Order of Business on Senate Bill 364. 34  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 55th Legislative Day June 30, 1991

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson, we will get that in good time. We are not on that Order of Business. We will get back to Senator Rock.

would like now to revert baek to the Order of House Bills 3rd Reading.

PRESIDING OFFICER: (SENATOR DEMUZIO) House Bills 3rd Reading. House Bills 3rd Reading. Page 7. I'm sorry. Senator Geo-Karisr for what purpose do you rise?

- - President, there will be a Republican Caucus in Senator Philip 's Office immediately.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-Karis, one hour?

Maybe an hour and a half.

PRESIDING OFPICER: (SENATOR DEMUZIO) A11 right. -- about an hour? Okay.

At least an hour.

PRESIDING OFFICER: (SENATOR DEMUZIO) So the Senate will recess until the hour of three -- four o'clock. (RECESS) (SENATE RECONVENES)

FRESIDING OFFICER: (SENATOR DEMUZIO) All right. The hour of -- past 4:00 has come. The Senate will come to order. Ginny Lee has requested permission to  . 4 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 photograph the Senate proeeedings for Illinois Times. Is leave ! I (Jranted? Leave is granted. Page 7. House Bills 3rd Reading is House Bill 1354y Madam Secretary. SECRETARY HAWKER : House Bill 1354. (Secretary reads title of bill) 3rd Reading of the bill . PRESIDING OFPICER: (SENATOR DEMUZ10) Senator Rock . SENATOR ROCK : Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1354, as amended by this Senate , is our response to the responsibility vested in us by Article IV, Section 3 of the Illinois Constitutlon# where it says in subsection (b): ''In the year following each Federal decennial census, the General Assembly by law shall redistrict the Legislative Districts and the Representative Districts .'' It further says that ''Legislative ' Districts shall be compact, contiguous, and substantially equal in popula,tiony'' and ''Representative Districts shall- be' compact, contiguous, and substantially equal in population.'' Mr. President and Ladies and Gentlemen of the Senate, I submit to you that House Bill 1354, as it stands before you now, meets every single one of that Illinois Constltutlon's testsp and further, I Would like to state that it is, above all, fair. I happened to have had a lengthy conversation with the Governor, and his concern - his main concern - was that any map presented to him would be fair. I suggest to a1l who have taken the time to look at the configuration, and the amendment as offered, will certainly agree that it is fair. The maximum deviation in terms of population is less than a half of one percent in virtually every one of the fifty-nàne senate districts and a hundred and eighteen House districts. Inaddition,I think it's fair to say that, havkng $ 36 L - ! STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 been here as I Was ten years ago, and as a matter of fact, having been here as I was twenty years ago, this particular redistricting and reapportionment was -- was particularly acute and sensitive and most difficult. We have seen in the past ten years substantial changes in the population in some districts. We have districts that were forty and fifty thousand people away from the mean that was required, and so there was a population shift that everybody, think, in this Chamber recognizes. We Were also confronted, I might add, with the very real probability of an undercount. And I think it's fair to say that even the United States Census Bureau will admit, in their weaker moment, that it is not possible in a large urban area to have a truly accurate count, and that lawsuit is, as a matter of fact, still going on. In addition to that: we as -- as the elected Members, under federal law, have an affirmative obligation to establish districts that w11l afford African-Americans and Hlspanic minorities an opportunity to elect candidates of their choice. And in the case of the Hispanic community, we were able, under House Bill 1354, to strengthen the Hispanic Senate District an the Northwest Side of the City, so noW becomes a super-majority minority seat, by defining and connecting it to a new super-majority Hispanic House seat. And on the Southwest Side of the City of Chicago, we established a Senate seat - super-majority - that combined a House seat, so that we now can elect an Hispanic With a new super-majority House seat, and they can also elect a Hispanic House Member. In khe case of the African-American communitye we were able to form a new sixty-five percent black Senate District on the West Side of the City of Chicago, by significantly re-drawing the district in Which Senator John DdArco now resides. And in addition, we were able to maintain five super-majority black South Side Senate seats and nine super-majority black House seats in Chicago; even in the face of a population loss of a 37 i i STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 hundred and thirty thousand from the districts of those five incumbent black Senators. And in the light of the emergence of a growing black population in the south suburbs, we were able to establish a new super-majority African-American House district that, under the Voting Rights Act, will enable the African-American community to elect a candldate of its choice to that House seat. We were able ta establish a super-majority black House seat in St. Clair County and improve the minority voting strength that elect Senator Ken Hall and Representative Jesse White. And finally, in Senate Amendment No. l yesterday, We established a new majority African-American district on Chicago's Southeast Side and have strengthened a minority-influenced Senate district in the southern suburbs. In short, I think fair to say there has been no retrogression kith respect to existing minority districts, and indeed, a significant improvement in the political and voting opportunities for Hispanics and African-Americans throughout the State of Illinois. And can tell you, having been here as I have been here for twenty years and suffered through and under two'of these reapportionments, that we have made the best effort that I have ever seen to be politically fair. In particular, Wedve not sought to gain any special advantage over the other side of the aisle. In a1l instances we have been guided first by the Constitution of the United States, the Constitution of the State of Illinois, and by the Federal Voting Rights Act. And We've had to face that very real reality of population migrations and the changing demographics of communities throughout this State. And our task has been made more difficult by the chronicled undercount of the African-American and Hispanic communities and of the economically poor, but we believe truly that we have succeeded in achieving a fair and equitable map . It does not - this mapy as embodied in House Bill 1354 - does not represent an attempt to unfairly 38  ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I ! 55th Legkslative Day June 30 , 1991 redistrict the Republican Party. To the extent possible i , we t attempted to keep sitting Republicans in Senate -- separate Senate districts, and in the few cases that they were combined , those combinations generally were a consequence of population movement, or growth, or both. My judgment is that in all instances the districts presented under House Bill 1354 meet the test of contiguity, and in al1 instances, the districts are compact to the extent that they remain consistent with the Voting Rights Act and the requirements of the Federal and State Constitutions. And above a11 - and I Would reiterate - House Bill 1354 is a fair reapportionment by virtually anybody 's numbers. And I was questioned as to what numbers - political numbers - we had pluqged in, and that's truly a judgment call. I'm sure you're probably using different numbers than we are, or different standards. But the fact is the partisan split would have it that there are twenty-one relatively safe Democratic seats, twenty-seven relatively safe -- safe Republican seats, and eleven swing districts. That's fair under anybody's definition. And I would urge an Aye vote for House Bill 1354,.s0 that we can discharge our constitutional responsibility.

PRESIDING OPPICER: (SENATOR DEMUZIO) All right. Discussion? Senator Alexander.

Mr. President and Ladies and Gentlemen of the Senate, I rise to speak in support of Senate -- House Bill 1354, as amended. Firste I wish to express my appreciation to your Mr. President: for your confidence in affordin: me the privilege of serving as the Chair of the Election Committee and Reapportionment Committee. Secondly, I extend and wish to thank my colleagues from both sides of the Chamber who served on that Committee with me in the discharge of our responsibility to provlde a forum for the accessibility and input of members of the public into this 39  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 critical decennial process, thereby providing a11 citizens of the State of Illinois the full and equal opportunity to participate in this State's electoral process. Legislators, as representatives of the people, can have no higher mission. The Senate Election and Reapportionment Committee strived to receive maximum input into the redistricting process. This was accomplished by Statewide news released, and by holding two public hearings - one in Chicago and one in Springfield - during the month of May. Testimony was received from various community representatives, including elected officials and spokespersons from the Hispanic community and from two Afro-American community leaders, as well as other interested constltuents and indivlduals. Also, we established a responsible and open public-access mechanism in the C Wing of the Stratton Building, to provide groups and individuals the opportunity to develop computer-generated redistricting map . The public-accessed computer terminals was publicly announced throughout the State and made available to members of the public on daily basis from the hours of 8:00 a.m. until 8:00 p.m ay under written and published guidelines with the full-time aid and - ' technica1 assistance of trained and competent staff . Finally , as a result of these public hearings and public-accessibility terminals, numerous redistricting concepts and plans were submitted to us. Whether developed With the aid of public-accessed equipment or not, they a1l were reviewed by our staff and considered, prior to and during the preparation of the map, which now constitutes House Bill 1354. Given these efforts, I am confident that the constraints composed and imposed upon the drawing of the Illinois Legislative Map and the public concerns have been more than adequately addressed by House Bill 1354. Mr. President, Ladies and Gentlemen, our product, House Bill 1354, gives genuine meaning in Illinois to the Uniked States Supreme Court's announced constitutional standards - one person/one vote. 40  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 I It brings to life and gives all full expressions to the mandate of the Fifteenth Amendment to the Constitution of the United States, which provides that the right of eitizens to vote shall nat be denied or abridged by the United States or any State. No Legislature had, and has, a higher mission than to assure equal participation in the electoral process of all of its citizens. The undertaking of these two Chambers, as reflected in House Bill 1354, renders me proud to urge a11 of my colleagues on both sides of the aisle to give a strong Yes vote to this expression of -- and participatin: qovernmental procedure. I urge an Aye vote. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Dudycz. SENATOR DUDYCZ: I don't have my light on. PRESIDING OFFICER: (SENATOR DEMUZIO) Beg your pardon? ' SENATOR DUDYCZ: 1'11 come back to you, Senator. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz, your light is on and you're recognized. SENATOR DUDYCZ: Mr. President, my light was not on, and 1'11 get back to you on that. . PRESIDING OFFICER: (SENATOR DEMUZIO) Well -- further discussion? Senator Lechowicz. SENATOR LECHOWICZ: Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. Yesterday When a number of questions were asked of the President - - I think that he addressed the response today as far as on a very important subject of a community of interest. The community of interest that we may be respected after the legal and constitutional requirements have been addressed as fairly as 41 i  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 i possible, are many and varied. For some, it may be a historical national origin - nations that have not existed in Europe for the past fifty years, or thrive in the hearts and the minds of our constituents in many communities throughout Illinois - not just Chicago, Cicero, Skokie, but throughout this great State. For others, and for good reason, it may be the school districts that transcends village lines and is the focus of the community in their minds. It can mean a neighborhood, a communlty. And in turn, that term can range from church -- churches that we attend; factories or companies that we work - or used to work; and to the real estate values of our respective neighborhoods. But the fact is community means a variety of things to eaeh of us - at different times and often at the same time. In a State that - we are told - that has more separate governmental units than any other sta*e, it is obvious that the sense of community is ingrained; yet difficult to define With specificity and exactitude. For every border that we may be violating one of these districts, another can be fined; that way lt is respected . Ward lines and other electoral districts' lines, not only Chicago,' ' will, indeed, chanqe, just as these Legislative District lines must change. Yet as legislators, We consider these existing lines in this work. The point is that one person/one vote and the . application of the provisions of the Voting Rights Act simply must prevail. Because these parts of Illinois most affected by these laws are represented by Democrats, We as Democrats who are sensitive to the community of interest of the constituents, that this map is not only responsive to the law, but Wherever possible, goes further to respect school districts, parishes and neighborhoods. The legislators who live in and represent those areas where the laws are focused and the communities of interest are most elaborate and varied, have made sure of this. That's why I think it's very important that al1 of us take a look at House 42  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 I Bill 1354 and, yes, take in consideration the community of ! interest; and yesy respect the people who reside in those community of interests. And whether it be in the church boundary linese the community as far as the -- the factoriesz or the companies that we work in, or the school districts, it's important that al1 of us take a look at this map and vote on it accordingly. As Democratsr as Republicans, the most important thing that we . have is one vote. The rule on the application of the provisions of the Votinq Rights Act simply must prevail. For that reason, I believe you should support House Bill 1354 on this amended version. Thank you. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. House Bill 1354 is the produet of a struggle spanning two decades for the political enfranchisement of the Hispanic community in Illinois. With the enactment of this bill, Hispanics will have the opportunity to elect candidates of their choice in four.House districts and two Senate districts. In addition, we have seen the restoration of Hispanic neighborhoods into single House districts in such areas as Joliet, the western suburbs, and Aurora, and on the Southeast Side of Chicago, enabling Hispanies to exercise strong political influence in the election of State Representatives. The fact that we have this bill with these districts before the Senate is testimony to the hard work and dedlcation to the cause of fair representation by organizations sueh -- such as MALDEF and the Latino Instituee and the Illinois Latino Committee for Fair Redistricting. I personally wish to recognize these organizations for their effort and thank them for the countless hours of work that their staffs and volunteers have given to this matter. And With House Bill 1354, unlike with our congressional map - and certainly we have 43  STATE 0F ILLINOIS 8?th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 shown that wkth our congressional map, When we have the two I conflicting goals, one, protecting incumbents, and two, creating a map that is fair and reflective of the changing demographics - when you have those two conflicting goals, then you 're nct going to come up with a produet. We have demonstrated that with our inability to brin: to the Floor a map With Congressional Districts. But here we have 1354. 1354 is also a testimony to the cooperation and technical assistance that the Senate President and the Chairman of the Elections Committee have afforded representatives of these organizations I mentioned, in the preparation of district proposals. Once again, I wish to recognize them for their efforts and success in drawing a map that is sensitive to the leqitimate aspirations of the Hispanic community and that follows the United States Constitutiony the Constitution of Illinois and the Federal Voting Rights Act of 1965, as amended. Ten years ago I was a plaintiff in a Federal Court, suing the State of Illinois because the Redistrictin: Commission failed to recognize the presence of the Hispanic majority on the Northwest Side of.Chicago. In 1991, an Hispanic is a Member of the Illinois Senate and tWo are Members of the House, because we succeeded in our suit. Today I am proud to say that the leqislative process has succeeded. 1354 is a fair map, and I urge al1 my colleagues Who are interested in the principle of fair representation to join with me in supporting this map.

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

Thank you, Mr. President. I have a feW questions - orz maybe more than a feW - for Senator Rock. Will he yield?

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

44  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Senator Rock, you indicated yesterday that the amendment you proposed was in part to reflect the population movement. Could I you please specify the population shift to Which you are referring to and how it -- it's self-reflected in that amendment? PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Rock. SENATOR ROCK: - Thank you, Mr. President, Ladies and Gentlemen of the Senate. I think it's fair to say that the amendment that was offered . ' yesterday - if you take a look at it - House Districts 35, 36 #nd 25 were literally re-configured from two packed super-majority black districts and one minority African-American district, to two super-majority black dlstricts and one majority black district. And in addition, we were able to accomplish this without putting any two incumbent African-American House Members or Senators into the same House or Senate districts. And we Were also able, by virtue of this configuration as embodied in House Bill 1354, to keep intact the oldest Hispanic community in the City of Chicago. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz. SENATOR DUDYCZ: Well, thank you, Mr. President. But hoW about the population movement? Yesterday, specifically, you -- you indicated that the amendment you -- that you proposed Was in part to reflect the ' population movement. I'd like for you to address that part of the chanqe. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock. SENATOR ROCK: I think it's fair to say that virtually every Senate district from Senator Smith south suffered a loss of population, and so that had to be accommodated. Literally every district had to move I 45  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 its present lines. I

PRESIDING OFFICEX: (SENATOR DEMUZIO) Senator Dudycz.

You also indicated, Senator, that an additional reason for the amendment you proposed yesterday was to make the district -- or was to make the map even more compact. Please explain kbat the proposal increased the compactness of Speaker Madigan's original proposal. How did it make Speaker Madigan's compact map more compact?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Well, I think if you -- if you look at, for instance, Diserict 40 and District 39, you will recall that our effort was aimed at the creation of a new super-majority black district in the southern suburbs, and tbat was our goal. And as I said ln my opening remarks - and I thought I said yesterday - where indeed the map looks .something less than compact, in my judgment that happens only when we are trying to maximize minority participation. And so I think the configuration that -- that came over from the House, was a -- was a valid attempt and did satisfy I that goal, except, IIm happy to report, that the Senate adopted an amendment that better accomplishes that goal.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Well, Senator, do you have any compactness calculations to support -- any data to support that contention?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Roek.

46  STATE OF ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Well, I'm -- I'm not sure I understand the question, and I'm not sure that compactness is subjeet to mathematical calculation. If you dll explain to me your formula, 1'11 see if it fits.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Well, something...tmaehine cutoffl...something caused you, Senator, to make that district -- more compact. What calculations - - what do you have in print or in writing to reflect that?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Rock.

Well: again, and I will repeat what I said we tcok the existing House map, as it was passed by the House: and frankly, as most entrepreneurs or politlcians do: we felt we had a better way of accomplishing the same purpose. And so we re-configured literally re-configured three House districts and one minority African-American district into two super-majority blaek districts and one majority black district. It was a matter of of moving the lines and the people to achieve a deslred result - that result being the absolute emplacement of a -- of a super-majority black district in the south suburbs.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Well, yesterday, Senator, you lndlcated that in determining the political makeup of the districts afforded by your or affected by your amendments, consideration was given to 1988, as well as 1990, University of Illinois Trustee races. Do you know whether the 1988 and the 1990 University of Illinois Trustee races were analyzed far the purposes of determining the political makeup of the remainder of the map, exclusive of the amendment? 47  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Leglslative Day June 30, 1991

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Rock.

I -- I think I already indicated, and I'm aware that you are using a dlfferent benchmark and that's your politlcal judgment as opposed bo mine. I happen to think mine is pretty good . But using, yes, using the '88 U of I Trustee elections as a benchmark - as a gauge, if you Will - of partisan strength in one district versus anotherz I suggest to you, as I did again in my opening statement, that this is an eminentky fair map , because it -- under that benchmark - against that benchmark next to that benchmark - it would appear that there are twenty-one districts that could be called - are called, by me, at least - Democratic, there are twenty-seven that are called - could be called - Repûblkcan, given the percentage vote, and there are eleven that are swing districts. I think that's eminently fair.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Senator, yesterday When we were debating the amendment, you specifically said, ''The fact is'' - and I am quoting ''The fact is we used 1988 and 1990.9' I -- and I -- I believe you. I'm just asking whether you used those years for the rest of the map other than -- exclusive -- other than the amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) senato r Rock .

The answer is, yesy I did.

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Dudycz. END OF TAPE 48  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 TAPE 2

Well, yesterday or when the House debated it, Speaker Madigan was unsure of the exact methodology that was utilized. Have you had an opportunity to check With Speaker Madigan and determine the exact methodoloqy that Was utilized?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

I can say to you that the Speaker and are in constant contact some of the time.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz. SENATOR DUDYCZJ understand, Senator Rock. But Speaker Madigan, in his impact statement, indicated that only. the 1988 University of Illinois Trustee results were considered. I would like for you to please explain the inconsistency. Was this one of the times that you and Speaker Were speaking or Were not speaking?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Well, Senator Dudyez, in order to answer that aceurately - and I do wtsh always to be accurate - I would have to know what the question was that Was asked of the Speaker. What I said to you is the absolute fact, and I think it reflects my statement and the Speaker's are not at a1l inconsistent. You asked me yesterday wha: -- whaE benchmark we used, and I told you. And Ilm telling you that under the '88 U of I benchmark numbersz there are 49  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 55th Legkslatkve Day June 30, 1991 twenty-one Democratic districts, twenty-seven Republican districts and eleven swing districts. And 1.11 bet you - Well, I shouldn't gamble on the Floor, I guess - but I am assured -- I will be sure that the Speaker Would corroborate those numbers, using that benchmark, yes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Well, Senator, the Speaker's impact statement stated that he - - that the map created twenty Democratie State Senate districts, twenty-eight Republican Senate districts, and eleven swing Senate districts.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Absolutely accurate. And then it came over here and was amended.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Well, Senator, do you know Which trustees Were used in the analysis?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

For *he sixth timez I think, in *wo days, *he 1988 U of I Trustee race, which is a statewide race in Illinois.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Well, maybe you don't understand my question, Senator. What I'm discussing -- or the question I'm -- I have to you is, is lt 50  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 55th Legislative Day June 30# 1991 the middle trustee, is it the first trustee, or is -- w as average of -- of b0th or khe last one?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

I think anybody who has been in this business for a while would also try to -- would always try to get the mean numbers. So, instructed my competent analyst to use the middle one. Neither the high nor the low just stay right very conservative, the kay we all like it around here.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Can you define ''mean'' me? HoW Would you define Senator?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Rock.

I might suggest you turn around and look at Senator Watson. He sounded a little mean before. Let me just say to you, the mean is -- establish any two points you wish, and that in the middle is the mean.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Senator Rock, do you bave an opinion as to whether i: is desirable in creakins Legislative Districts to split units of local governments, such as townships and counties?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Rock.

I think Senator Lechowicz spoke to that quite admirably. And 51  STATE OF ILLINOIS 87*h GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 the fact is, we in particular, along kith some others who shall remain nameless fought for a long time with the Census Bureau folks who think they're a 1ot brighter than the rest of us. And if you ever looked at census tracts, they have llttle or no regard for any of our existing governmental and political and real boundaries. This map: on the other hand, makes every effort to honor those governmental, political, physlcal and geographic boundaries.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Dudycz.

Do you know the numbers of counties which are split under the present Illinois Senate map?

PRESIDING OEFICER: (SENATOR DEMUZIO) Senator Rock. SENATOR R0CK: The map under whieh we sit currently? I am reliably advised it's forty-one or forty-two eounties that are split - currently.

PRESIDTNG OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Do you know the number of eounties split under the proposed Senate map?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Rock.

No, do not, specifically, bu* I can suggest it's something less than eurrent.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senatpr Dudycz.

Senator Rock, what would be your response I told you that 52  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 the present map contains thirty-three split counties and your proposal contains forty-three split counties?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Rock.

I Would be surprised, because I would have had the other Way.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- Senator Dudycz.

Do you know the number of townships split under the proposed Senate map?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

I do not: and I'm not sure I know the number of townships.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Dudycz.

Senator Rock, what would be your response if I told you that the present map contains fifty-seven split townships and your proposal contains eighty split townships, an increase of twenty-three townships?

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Rock.

Well, I'd ask two questions, then. Out of how many, and what Was the reason for the split? And as I indicated to you, the only reason that there were ever governmental units or -- or political units that were spllt was an attempt on our part to achieve maximum minority participation. And so I'd have to have a little more specific information. I mean, I suppose that sounds bad on 53  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30z 1991 its face. It does not, frankly, trouble me much.

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

Senator Rock, do you have an opinion as to whether it is desirable, in creating House and Senate Legislative Districtsz to kherever possible have the Representative or Senator come from the same eity or county as the majority part of his new constituency?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

The Gentleman asked if I had an opinion, and I Would just like the question restated. Ifm not sure I got ik all, or I'm not sure what the point of it is.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Dudycz.

In your opinion, Senator, is it desirable, in creating House and Senate Legislative Districtsg to wherever possible have the Representative or the Senator come from the same city or the county of the majority part of his new constituency?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

I think you lll find that there are -- there are not a great number of -- if this is the questlon. Is your question, is it desirable to have a sitting incumbent retain as much or as big a part as his current district as is possible? Is that what you're getting at?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

54  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 ! No, Senator. I ean repeat the question if you didn 't understand it the first two times. PRESIDING OFFTCER: (SENATOR DEMUZIO) Senator Rock. SENATOR ROCK: I wonder - you might have your lawyer type it out for me. IIm not -- I don't get the -- I mean, tell me what you're after. What do you wane me -- what answer are you looking for? What is the -- IIm not sure I understand the questlon. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz. SENATOR DUDYCZ: Wellz quite simply, Senator, I'm just asking if it -- for your personal opinion if it is desirable to have a Senator or a Representative represent -- or come from the majority part of his neW district. Okay. Let me -- maybe -- let me clarify it for you: Senator. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz. ' SENATOR DUDYCZ: For example, in Cook County, would it be desirable, in your opinion, to have the Legislators -- that represent any portion of that county come from that particular county majority? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock. SENATOR ROCK: My opinion is it should be, frankly, immaterial. I stood for election a couple of oecasions, coming from a village outside the City of Chicago and had to campaign inside the City of Chicago on the basis that I Was the best candidate, not on the basis of where I lived. PRESIDING OFFICER: (SENATOR DEMUZIO) 55 ')  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30y 1991 Senator Dudycz.

Well, Senatorz do you know then, under the current map, the number of Suburban Cook County people the population who is represented by Senators who live uithin the corporate boundaries of the City of Chicago?

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Rock.

No, I do not, and I -- I can only say: -- I stand before you as one .

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Was there any attempt made with the proposed map before of us -- before us -- to increase the number of Suburban Cook County residents represented by a State Senator who resides within the corporate boundaries of the City of Chicago?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Absolutely not.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Under your proposed plan, do you know the number of individuals reslding in Suburban Cook County who will be represented by State Senators who reside within the corporate boundaries of the City of Chicago?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

56  STATE OP TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30e 1991 Don 't have that answere because we donlt know who the voters are going to pick.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz, can you inform the Chair about how much longer youdre going to be?

Until my questions are answers, Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well.

What would be your response PRESIDING OFFICERJ (SENATOR DEMUZIO) Senator Dudycz.

What would be your response, Senator Rock, if I told you that under the existing map, there are approximately or a little over one-half million suburban residents represented by Chlcago Senators, myself included; and under your proposal, the number jumps by one-quarter million?

PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Rock.

Is that supposed to distress me?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz. Senator Roek.

presume khat the people on the West Side of Chicago could stand Where youfre standing and say, ''HoW eome this fellow from Oak Park is representing us?n don't really -- I truly don't believe that's material.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz. 57  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991

Thank you. Do you believe that a legislative redistricting proposal should be politically fair?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Yes.

PRESIDTNG OFFICER: (SENATOR DEMDZTO) Senator Dudycz.

President Rock, are you aware of projections made by Speaker Madigan, emanating from his from this bill, as to the number of Democrat Senate districtsy Republican Senate districts and swing districts?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Yes.

PRESIDING OFFTCER: (SENATOR DEMDZIO) Senator -- Purther discussion? Senator Dudycz.

Senator Rocky in drawing district lines on this map, were attempts made to use neutral or politically-motivated criteria?

PRESIDTNG OFFICER: (SENATOR DEMUZIO) Senator Rock.

Well, I'm not -- I'm not sure What politically-mokivated criteria are. I will say to you: as I said in the beginning, that our constitutional responsibility is to make sure that the districts are substantially equal in population, that they are compact, and that they are contiguous. In addition to that, we have an affirmative duty, under the Pederal Voting Rights Act of 58  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 '65 as amended in 182, to protect certain protected classes, to not engage in any retrogression and affirmatively to maximize minority participation. Those are the criteria under whieh I constructed the map as represented in House Bill 1354.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Well, defining ''politically motivated'' would be the preservation of incumbency and definin: -- or your explanation, Would take it, is that you used neutral criteria. Is that correct?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Rock.

That is correct, in part.

PRESIDING OFPICER: (SENATOR DEMQZIO) Senator Dudycz.

Which part? PRESIDTNG OFFICER; (SENATOR DEMUZIO) Senator Rock.

Well, Senator Dudycz, I'm not sure what you wish me to say, but I -- aqain, I live in a political real world, and I am the Majority Leader, as chosen by my colleagues. And so# indeed, have incumbency always on my mind.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Dudycz.

Well then, Mr. President, Would you please define Senator Rock, please define those neutral criteria that Were utilized to draw the district which paired Senator Schuneman against Senator 59  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Hawkinson in an oddly-shaped district.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Well, I think it's fair to sayy Senator Dudycz, that -- that we are confronted -- were confronted - and as I again said in my opening statement this has been a particularly sensitive redistricting effort, but I think it's fair to say that a11 of us who attempted to -- to draw a map - and I'm sure you did - you have some natural boundaries that confine you. We have rivers on two sides and then we go up to the lake. And the fact is there was a substantial loss of population in Downstate Illinois. So if you start down at the bottom of the State at the southernmost end of the State and start pushing northwardy youdre going to find pretty soon that -- that the population loss literally pushed those districts upward.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Dudycz.

Well then, which neutral criteria were utilized to draw that district -- or those districts - in fact/ 1'11 compact this question, Senator - which paired Senator Macdonald against Senator Butler in a district which was deemed to be a safe Republican district: or which paired Senator Hudson against Senator Mahar in a district which was deemed to be a safe Republican district, or the district which paired Senator Rea aqainst Senator Ralph Dunn in a district Which was deemed to be a safe Democratic district? Ande Senator Rock, which neutral criteria was utilized to draw the districts Which pairs myself against Senator LechoWicz in a district which was deemed to be a safe Democratic district in Speaker Madigan 's impact statement?

PRESIDING OFFICER: (SENATOR DENUZIO) 60  STATE OF ILLINOIS 87th GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Senator Rock.

Well, two things - Senator Rea and Senator Dunn are not in the same district. I hope you understand that. Seeondly, ehink it's fair to say - as I asain harken back - you had a substantial populaticn loss in the City of Chicago in certain districts. Senator Smith 's district was fifty-one thousand people short of the mean, and so there was a push northward and southward and certainly westward. And we were attempting -- did attempt and have, in fact, achieved, in my judgment, the maximization of minorlty participation, particularly With respect to the Hispanies and the Afro-Amerieans. And as a result, all of us you included - who are out literally on the periphery of the Cityy Were pushed further north and/or west. And that was simply due to a population eriteria.

PRESIDING OFPICER: (:ENATOR DEMUZIO) Senator Dudycz.

I understand that you mean the population shift to the suburban areas from the City, when you said the population criteria.

PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Roek.

There was thatz tooz but there Was a substantial growth in the Hispanic population on the Northwest Side of the City and on *he Southwest Side of the Cityr and there was a loss of black population in certain districts in the Southeast Side partieular. And so the push to achieve the substantially-equal-in-population desired result gaused a1l the districts to be pushed westward, northward, southward.

PRESIDING OFFICER: (SENATOR DEMUZIO) 61  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 55th Legislative Day June 30, 1991 Senator Dudycz.

Senator Rockr do you have an opinion as to the minimum percentage of African-Americans residing within a dlstrict to give the minority population a viable opportunity to elect a candidate of their cholce?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

think the Federal Voting Rights Act and the Justice Department have established sixty-five percent.

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

Senator Rocky your plan has five districts kith African-hmerican population over seventy-five pereent. Three of those districts have or tWo of those distriets have House districts with ninety-four percent African-American population: and three of those districts have African-hmerican population over eighty-four percent. Do you believe tbat the AErkcan-hmerican voters need a House distriet With over seventy-five percent or eighty-five percent to eleet a representative of their choice?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

No, but I also believe tbey have a rigbt to live where they wish.

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

Senator Rock: you indicated yesterday that no portions of the Chicago Drban League proposals were incorporated into the 62  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 amendment that you proposed. Can you tell me whether the Chicago Urban League's proposals were in any way incorporated in the proposal which stands before us this afternoon?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Well: think itls fair to say, as Senator Alexander so ably pointed out, that, yes: we were in gontact with the Chicago Urban League. As a matter of fact, the young man who represents them took advantage of our public access availability in b0th the computer terminal and in -- ln lengthy discusslons with Senator Alexander and others on the committee. So I think fair to say that -- that the configuration as represented in House Bill 1354 is not at all inconsistent with wbat the Urban League's desired result Was. As a matter of fact, I'm happy to say I think they'll be delighted with iE.

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

Senator Rockz Article IV, Section of the Illinols ConGtitution requires that Senate and House districts be compaet. Do you feel that this proposal satisfies that constitutional requirement?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Yes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz, your time has expired. Senator Dudycz.

There are numerous- methods of calculating or comparing compactness, Senator. Do you know whicb, if any, methodology was 63  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislattve Day June 30, 1991 used to determine the relative compactness in the Senate and House districts in this bill?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

If youdre askin: if I am aware of dlfferent methodologies or what they are, I wlsh you would explain them to me. I -- have been in the map business now three separate times over thirty years, and it just seems to me you can look at one and get a good idea of whether it's compact or not.

PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Dudycz.

-- Mr. President. Senator Rock, you have answered most of my questions. Thank you for your indulgence. But, finally: I1d like to show you a district that is in your proposed map, and I'd like for you to tell me if this proposed district satisfies the constitutional requirement of compactness. It's described as number seven.

PRESIDING OFFICER: (SEXATOR DEMUZIO) Senator Rock.

The answer: in my judgment, Senator Dudycz, is yes, because what you -- wait a minute. Wait a minute. Wait a minute. You can't -- you can't just take that out of the global pigture. Take a look at the distrtcts that surround it, and you will see that we Were literally, by virtue of population loss and in an effort, again, to maximlze minority participatione we were -- we were pushed from two sides.

PRESIDING OPFICER: (SENATOR DEMUZIO) A1l right. Further discussion? Senator Watson. Senator Dudycz. Senator Dudycz. 64  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30s 1991

Yes, I'd just like to thank you very much, Senator Rock, for putting that on the record.

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

Yesy thank you, Mr. President. I'd like to make a few remarks about the proposal we have before us, House Bill 1354. Therels no more of an individual decision that each of us make in our life as and that decision being is where we reside and where we live and where we make our home. There's numerous eonsiderations that go into that: the schools, the transportation systems, the services that are -- are made available to us, our businesses, maybe even tax assessments. Those are all but a few of the reasons as to Where we decide that we want to make our home. And Senator Lechowicz, you talked about ehe community of interest. That's what constitutes a community of interest that we a1l share with the neighbors that live in our same parts of the State. And we call thosez cities, we call them townships, we cal.l.them counties. They're all in where we reside. But an indication of political or partisan gerrymandering comes When We see the fraeturing of those communities of interest. those townshipsz those munielpalities, those counties. And by way of eomparin: the proposal ke have before us in House Bill 1354 With existing Legislative District lines: unlortunately, Senator Roek, we find marked inerease in the splittins of b0th county and townshlps. Under the existing map, which we a1l represent - the existing map thirty-three counties are splity Senator Rock, not forty-two. Thirty-three counties are split between Legislative Districts. The Democrat proposal that we have before us noW contains forty-three splits. This translates: Senator Lechowicz: into a thirty percent decrease ln the preservation of that conmunity of 65  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 interest that you -- you hold in such high regard. And I share that concern, Senator Lechowicz, when you compare that to the current districts that We now serve. Unfortunately, in the proposal we have before usy the number of split townships inereases from fifty-seven to eighty . And Senator Rocky it's obvious why this splitting oceurred. It's an obgious, blatant attempt at political gerrymandering. An example that ue heard from in the questioning and answering of how crossing munlcipal boundaries can cause a dilution of that community of interest that so much of us are so eoncerned about can be found in the -- in the reference to those districts in which a Senator resides in the City of Chicago but Who represents a constituency who reside outside the City. Presently, under the map we currently servey the number of Illinois residents and We heard this in the question and answer - thus represented outside of the City, but by City representation here in the General Assembly and in the Illinois Senate, is roughly five hundred and ninety-some thousand people. The Democrat proposal, Which We have before us now, jumps that number to over.seven hundred and seventy thousand. That's an indication that virtually an entire suburban district is being eliminated. Representation of a suburban area of this State and of the City of Chicago is not being represented by the map that we have before us. And this proposal flies in the face of the population shift that we've experienced and seen experienced over the last ten years, and that population shift is the people leaving the Clty qoing into the suburbs or the Collar County areas. There is no more blatant and objeetive indicator of party and partisan qerrymanderinq than a legislative redistricting proposal that creates districts in which incumbents sitting ineumbents - are intentionally placed in the same district. It's inevitable that one of those incumbents will not return. Moreover, when such pairings pit incumbents of the same party, 66  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 it's automatic that the voice of that particular party will be reduced. That's what we're seeing in the proposal that We have before us. The Democrat proposal contains not a single pairing of one Senate Democrat incumbent. On the other hand, Senate district lines are eonveniently drawn in such a manner that six Republican incumbents are paired against each other in three districts. Senator Schuneman and Senator Hawkinson. Senator Macdonald and Senator Butler. Senator Hudson and Senator Mahar. All placed in districts in which they 'd had to run against each other in a primary. And those districts, by your own calculations, are determined safe Republican districts. Also contained in your proposal are three districts deemed to be safe Democrat districts. Well, what have you done to the good friends on this side of the aisle in three of those districts? Vou've placed Republican incumbent Senators. And what does that do to the minority representation on this side of the aisle? To me, that is obviously political gerrymandering. Six Republicans - not just a few, Senator Rock - six Republicans now currently on the Senate Ploor do not return, a reduction of twenty Tercent of our caucus another obvious example of partisan gerrymandering. The Voters' Isic> Righks Act of 1965 guarantees minorities will not be denied the opportunity to elect representatives of their choice through tbe artful drawing of gerrymandering partisan politics. While your proposal, Senator Rock, does increase the number of Afro-American districts from six to seven, and tbat of the Hispanic population from one to two, it doesn't Eake a genius to figure out that it falls woefully below and short of the constitutional mandate of the Voters' Ksic> Rights Act as it applies to the Afro-American representation. Goin: back to my original concern for the location of one's home: ten years ago, under ehe careful work of many of the same individuals Whodve drawn this map, my home County of Bond was divided. The House 67  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 district that I represented was taken away from me. And if was to remain in elected office, I was to have to mcve. And I talked this over with my family, my Wife and my kids, and the decision was made to move. I enjoy what I'm doing. I enjoy representing the people of my area, and I Wanted to eontinue. So, I moved. I moved three miles south of Greenville, the community in Which I was born and raised, I had my business, I went to school. My Wife was from there. I moved three miles south. But it Was no longer a part of my district - my home community. But I was able to keep my kids in Greenville schools, and that Was important to us. And I made the cboice to move. But the disruption - the disruption - that this caused my family I Wish on no one. But noW We are seeing today, unfortunately, the obvious attempt to gerrymander districts and make more Republican incumbent Members make that same choiee that did. And it's not a choice that's :oing to be made easily. And Why is that choice being made? Because of the political lust for poWer Wedre seeing by the Democrat Party and the remap proposal we have before us. I urge you to vote No. Thank you.

PRESIDING OPPICER: (SENATOR DEMUZIO) Further discussion? Senator Jerome Joyce.

Thank you, Mr. President. As a downstate Assistant Majority Leader in this Body, I Would like to commend the President of the Senate for his efforts in producing a map that addresses the many diverse racial, ethnic and geographical consideration: of the citizens of the State of Illinois. To think that sueh a plan could be produced and then agreed upon by the majority of Legislators duly elected to this Body is a credit to his commitment to a fair map. This map not only adheres to the United States Constitution, the Federal Voting Rights Act of 1965 as amended, and the Illinois Constitution, is also a politically 68  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislakive Day June 30, 1991 fair map. Nowhere in the State are State Senate races more competitive between the two parties than in downstate. Districts that have seen large sums of political resources expended and have been considered target races by both parties during the last Len years continue to be so under this map . The two Downstate Senate incumbents under this map residing in the same district is the -- is a direct result of a population loss of nearly seventy-five thousand people in the Peoria, Galesburg, Quad Cities, Sterling, Rock Palls area. Yes, despite the fack that these two districts are combinedy eaeh Senator will -- will retain approximately half of Lhelr current distrlcts for the next elections. Flawed arguments from the other slde of the aisle kill inelude these for keeping intact the so-called communities of interest. But 1et me tell you, the Senate and the House majorities initiated tWenty-three Statewide hearings this year on redistricting. And on the issue of Legislative Districts sharing munieipalities, counkies and townships, the testimony was all over the board. Each of us have areas in our district that are shared by other Leg. islators, and 1, for one, think it makes us do a better job. So, yes, these new districts are shared communities and other political boundaries, but remember - our first responslbility is to ensure that voters in this State -- has an equal importance when they participate in leglslative elections; that every man and woman has one vote. We have done that in this map . I'd urge my downstate colleagues to look at these neW dlstricts, because many of them should look very familiar. And our colleagues on the other side of the aisle Would have presented a plan, we would probably be seeing districts very mucb like the ones Senator Rock is presentlng here today. It's too bad. We'1l never know. It's too bad we can't debate the differences between the Democratic plan and the Republican plan, as We debate on this Floor every single day the differences of opinions we have on important issues 69  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 facinq this State. The Senate President has presented a plan, not as the Majority Leader is requlred to do under our Constitution, but as this Body is required to do. The other slde of the aisle has missed their once-in-a-decade opportunity to have citizens they represent have a say in these new districts. urge a1l Members who believe that these districts represent the best interests of your constituents to vote Yes on House Bill 1354. Thank you: Mr. President.

PRESIDING OPFICER: (SENATOR DEMUZIO) Further discussion? Senator Severns.

Thank you, Mr. President, Members of the Senate. Yesterday and today, We in the majority have listened With great restraint, I might add - to the rather doltish questions of Senator Wakson and the predictably partisan questions of Senator Dudycz. And we have listened with great interest eo the debate or more aecurately should say the rhetoric - coming from the other side of the aisle. And I must tell you that has left me curious, very curious in fact, on several fronts. As we sit here ' today listening to the other side of the aisle, we are listening to complaints about how bad President Rock's map is - a map, incidentally, that leaves the Senate President in a district along with many colleagues on the side of this aisle Without a majority in their own districts. Now I ask you: if this map is so badr why don't you put your oWn map forward? It is not as if you haven't been afforded the same opportunities. Over the past tWo years, your side of the aisle has received five hundred thousand dollars to develop a proposal. But has a proposal surfaced? Well, we al1 know ehe answer to that. No, it has not. And one has not surfaced from your colleagues on the other side of the rotunda. And they, too, received five hundred thousand dollars to develop a map. One million dollars for the two Minority Leaders - no morez 70  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 no less - than the amount afforded to the President of the Senate and the Speaker of the House. And what did the taxpaying citizenE of Illinois get for the one million dollars afforded the Minority Leaders of the House and the Senate? What did they get for their money? Nothing. No maps. No proposals. Nothing at all. You stand here with unbridled audacity and criticize our map: when you show us nothing of yours. The taxpayers of Illinois wil1 ignore your self-righteous rhetoric. They will not be fooled. In fact, they wil1 want to know - where are your maps? Or, where is the money? Where is the one million dollars? Have you spent any of it? Have you spent a1l of it? Do you have anythin: left, because Comptroller Netsch would love to have some dollars to pay some of those bills that sit atop her desk. And to the rank and file Membership across khe aisler I suggest you think lonq and hard as to how this will play back home. With the cameras rolling, we are in the midst of a serious and tedious debate. And you're sitting here unable to show your taxpaying constituents any proof that your one million dollars was Well spent. You have nothing. No alternative. No map. And Worst of all, nc explanation. It is no wonder Why you have slowed down the legislative process down to a crawl. Mr. President, yet again, true to your trademark, you have been fair. You have produced a map that follows the dictates of the law and the constraints of the court. I commend your map. I commend you. And I urge an Aye on House Bill 1354.

PRESIDING OFPICER: (SENATOR DEMUZIO) A1l right. Further discussion? Senator Collins. SENATOR COLLINS) Thank you, Mr. President and Members of the Senate. too, rise support of House Bill 1354. Pirst, would like to commend President Roek and his staff and also Speaker Madigan for two -- for approximately one year of intensive involvement of the people of this State into the redistricting process. Ten years 71  STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 ago, I stood in this Chamber and we drew a map, a map that myself or any of my colleagues had any input at all in. But this year it's different. Senator Rock and Speaker Madigan provided maximum opportunity for the people across this State to participate in this process. think we have seen that process is the democratic process at its best as We proceeded to develop this map. I have heard a lot of talk on the other side of the aisle, and most of the rhetoric put forth over there has been about fairness to minorities. Well, we a11 know that We don't have to worry about that being a concern on the other side of the aisle. I don't see any minorities sitting over there in any of those seats. And I'm sure after this map is done, in the next election, you're not qoing eo see any minorities sitting over there either. But I think this map, in terms of minorities, has been fair. At least every effort to make sure that it's fair, I'm confident, was put forth. I was there in that map room. The Chair of the Election Committee is a minority Member of our caucus. She kas there. She provided leadership and had input into everything that has been said and done as it relates to this map, including public hearings. So I'm confident that we have had tbat input. The eommunity access room has been available. Any minority qroup back home or anyplaee in this State who had some concern were given access - equal access to the eomputer room. It was open to them to come in, to draw their own map, to tell us if this -- if this Rap is not what you want, how can we do it better? We took their advlce and what you see in this bill is a composite of mos: of the ideas and suggestions that were given by many of the groups that participated, and especially those Who wished to have partieipated. They participated. This map has increased, as it's before us, the -- the minorities in this Chamber from seven to ten. At least there is an opportunity to elect ten. And on *he House side, has increased from fourteen -- from sixteen to 72  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 nineteen. That's prosress. But ln addition to that, we have made every concerted effort to identify minority populations in communities across this State. And there were also every efforts to make sure that in tbose cases where we could not find adequate population to draw a minority district, that ue do not -- did not dilute their voting strength by fractioning their eommunities. In doing so, we were able to ensure, in addition to those seats with the super-majority, that we had several other minority-influenced districts, and I think that's progress. The other side of the aisle also talked about politieal gerrymandering. And I'm not a lawyer, but one thing I try and keep up With, What's happening on an issue as important as reapportionment. The case 1aw is very vague as it relates to political gerrymandering. But one thing it is not about, it is not about protecting an lncumbent's district. And -- to ensure that one Republican remains in that seat. Reapportionment is not about that at all. Each of us on this side of the aisle did not get what we wanted in this map. But we felt that this map was fair, because that's not What it's a11 about. It is not about my seat; I don't own the seat - or yaur seat; you don't own the seat. It is about fair distribution of the districts, based on the population, based on what the census data produced for us. And that was very diffieult this timey because it was faulty, and we al1 know that. But that's what reapportionment is about. That's what this map does - took in consideration the figures that we had, attempted eo count every citizen and attempeed to maximize minority participation. think it's a fair map, and we should vote on it.

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

Thank you, Mr. President. There have been two matters that have concerned me throughout this process. One somewhat concerned  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 me and the other greatly concerned me. And T think those people on my side of the aisle are aware of these. The first has ko do with the question of dilution of minority voting strength under the Voting Rights Act of 1965, as amended 1982 - the so-called sixty-five percent rule. The second question about which am greatly concerned deals with the establishment of legislative intent as it relates to our reapportionment process as set out tn Article IVy Section 3 of our State Constitution. Senator Roekz I mean you no disrespeet, nor do I Wish to denigrate the process that you 've been involved in, but 1 Would ask if the sponsor will yield.

PRESIDING OFPICER: (SENATOR DEMUZTO) Sponsor indicates he will yield. Senator Joyce.

SENATOR JOYCE: Senator Rock, do you recall the caucus in the third week of June of this year?

PRESIDINC OFFICER: (SENATOR DEMUZIO) senator Rock.

Xes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce.

And that caucus was held downstairs on the seeond floory very similar to all the caucuses that we hold in which you somewhat presided, assisted by tbe caucus chairman, and we sat -- and we sat facing you and a discussion was initiated uith respect to among other things - the question of this sixty-five percent rule. And you represented to us, in the course of these discussions, that it was your intention to make every effort possible to assure the protectton of minority voting strengeh and voting representation through the imposition, to whatever extent you 74  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 55th Legislative Day June 30e 1991 could impose the sixty-five percent rule. Is that correet?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

That is correct.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce.

And pursuant to that, there Were some responses from one or more Senators who were present at that caucus, and those responses indicated a disagreement with that positlon. Is that correct?

PRZSIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

That is correct.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce.

I know you are familiar with a statement by Mr. Robert Berman, who is the attorney for the Voting Section/civil Rights Division, with respect to this sixty-five-percent rule. Is that nct correct, Mr. Rock?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

That is also correct, yes. PRESIDING OFFICER; (SENATOR DEMUZIO) Senator Joyce.

I would now like to read that into the part of that statement into the record, may. In response to a question on this, and in explaining this, Mr. Berman has said, have been 75  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Leqislative Day June 30, 1991 asked to give you the Department of Justice position on the so-called sixty-five-percent rule; i.e., whether a minoriky district must be at least sixty-five percent minority in order to be considered one in which members of the minority community can elect candidates of their choice to office. We attach no particular significance to a sixty-five pereent fisure. The Department has frequently concluded, based on the facts present in a particular planr that distriets containing a minority population significantly less than sixty-five pergent, and even fifty pereent of the total, can withstand scrutiny under the Voting Rights Act.#' Do you recoqnize that as being a statement made by Mr. Berman?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Yes, I do.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyee. SENATOR JOYCEI Senator Rock, if you know, did you or anyone involved or under your direction strike that. Senator Rock, are you familiar or did you refer to either of these two cases: Garza versus County of Los Angeles, 918 Pederal Second 763, a 9th Circuit case; or Thornburg et al versus Gingles, 478 U.S. 30? Did you refer to either of those cases in the process of designing, drawing or constructing this map?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Yes, did.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce.

76  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30y 1991 Thank you. I would now like to, if I may, deal with my more important concern, and that has to do with the question of legislative intent. Senator Rock, I will not ask anymore questions of you -- on this, because I may get an answer that would cause me to absenk myself from this, but T would like to establlsh a record on the question of legislative intent. Our Constitution sets out a somewhat unique process for reapportionment. And provides that on this day we do not have a reapportionment 1aW, that the matter passes to a commlssion. I've told Senator Roek, and I've told my fellow colleagues, that find it difficult to understand, under our system y how we can establish legislative intent when it seems to me that a reasonable reading of delegate debate supports the contention that our reapportionment procedure is a three-stage process, and the failure of the charged authority to act Within a prescribed time period would result -- results in a yielding of jurisdiction to that next staged authority. In order to answer this question, I proceeded, as you or anyone else kould proceed went to the 1aw books to try to find some case 1aw on it. There is little. The next available sources were the debates of the Ponstitutional Convention and sources available; i.e., participants at that Constitutional Convention. It is my contention that the verbatim transcripts of August 12th, 1970 of the Constitutional Convention and the verbatim transcripes of July 17th, 1970 support the proposition that the writers of our Constltution did noE intend for us to have the ability to establish legislaeive inkent. They talked about thiu and debated this proeess this reapportionment process - saying, f'You have your chanee. If you fall eo act: it moves on to khe next Stage.'l In fact, in the debate, at one point we were not even in the process. The Legislature was not in -- was 'not in the process. I will conclude. I believe that under Article IV, Section 3 of our 77  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 State Constitution, our failure to pass into law a redistricting map which results in the appointment of a commission is tantamount to a preclusion of legislative intent. also believe that President Rock and Speaker Madigan: those who have eonskructed House Bill 1354, as amended, have gone far beyond what is required under Section 2 of the 1965 Voting Rights Act. In elosingy will state that my vote will be east today in this contexe that I have just described, and it will be cast for reasons far beyond the seope of this debate. Thank you.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator D'Arco.

Thank you, Mr. President. I'd like to take a little different approach to -- to this map process, if I might. I'd like to read you a poem . think it may -- itgll make great legislative -- if the judge ever gets borede he could -- he could at least glance at the poem and -- I'm not saying it would inspire him or anyehing, you know, buk -- the name of the poem is calledz 'Iuniversals.'' And ik goes like this: ''You are not black. You are not white. You are not Hispanic. You are so and so. Mr. and Mrs., man and Womanr chlld and parent, friend and lover. Humanhood involves each and every one of us. We are the branches of the same tree. We are the ground of the same earth, tbe Water of the same ocean, the blue of the same sky. We are one substanee, one humanity, one mankind, but we are moving in opposite directions: because We perceive each other as different entities, occupying a different space and time. We need to make the connection, the assoeiation, that requires us to see ourselves as parts of a greater Whole. Forget who you are. Forget your identity. Forget your name. You are nothing. But you, and you, and you, and you, are a1l things. Meaning awaits us. Our destiny is calling. We must learn to speak with one 78  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Leqislative Day June 30, 1991 voice - one language - that communicates all things to all people. The language of love. The past looms large over us. Forget the past. Forget o1d ideas. Forget dichotomies. Think humanity. Think about a person's eyes. What do you see? Your own image. Think -- think about a person's heart. What do you hear? One heartbeat, living and breathing with the same human needs as you. We musk be willing to surrender ourselves for the sake of mankind . The individual for the sake of society. The rich for the sake of *he poor. Tbe able-bodied for the sake of the disabled. We must transcend our differences. Look to the future. Move in one direction. Together united in a sea of humanity, chanting a hauntinq refrain, 'We shall overcome discriminatione injustice, poverty, man's inhumanity to man.' Together we will become one nation under God moving toward a common destiny, arm in arm , hand in hand: laughing: crying, singing, prayingy meeting challenges: problems, obstacles, with the resolve and understanding of one people united by one common idea that a1l men are created equal. But we can't do it alone. It Will take a total restructuring of our society - a total re-evaluation of our institutions. They have become stale and moldy, not responding to the needs of the people. 0ur destiny demands it. We must change our present policies. we do not, we will fail. If we do, We Will become the example of the rest of the World to follow. Dondt life get you down. Don't let hope turn into resignation. No! We ean overcome. We ean turn this thing around, but it takes guts. It takes courage. It takes a willingness to make khings happen. We can do it. We can make it. We can make the dream reale''

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Savickas. SENATOR SAVICKAS; Yes, Mr. President and Members of the Senate, as one of those Democratic Members that attended that caucus that Senator Jeremiah 79  STATE OF TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Joyce referred to, and as one of the Members that brought out some of the questions and some of the concerns that youdve heard him expound on, I want the record to show Ehat I do concur with those concerns and statements that were issued by Senator Joyce.

PRESIDING OFFICER: (SENATOR DEMUZIO) Eureher discussion? Senator Philip.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. You know, lookin: -- I always look forward to reapportionment. Tt's always a very sensitive time. People get tense. People get nervous. We al1 do. Senator Rock and I have tried to -- to work out a compromise. We have talked. We have discussed. And I thought, quite frankly, we might end up With a better map than we did ten years ago. And very honestlyw we have not. Ten years ago the City of Chicago lost population. After this census, tbey have lost population once again - in round figures, about two hundred and twenty-five thousand people. The suburbs gained population ten years ago. Once againy suburban Cook and the Collar Counties have gained about four hundred thousand people, in round figures. You Would think -- you might think, you might jump to a conclusion that the Collar Counties, the suburbanites, might pick up some representation in the General Assembly. look at the suburbanites as a class of people. Welre hardworking. We pay our bills. We're not on welfare. We don't take public aid. We 're the powerhouse of this State. Yety you once again you once again have denied us our representation in the General Assembly. NoW how do you do that? Under the present map, you have about eighteen. Under this new map, you have put in our computer, youlll probably end up With nineteen. Yet youlve lost population once again. You deny a class of people - suburbanites their representation in tbe General Assembly. You know, also one of the complaints that we have had is busting county and township lines. 80  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30z 1991 People don't like that. They don'k understand it. It confuses them who their State Senator is or who their State Representative. Under your -- under the o1d map, thirty-three ' counties were split. onder the neW map, forty-three counties are split. Townships under the old map, the map we serve on now, fifty-seven were split. Today, this map, eighty are split. Confusing, once again, to that -- poor person who has to vote, who gets out and votee Who Works hard. would like to know and understand Legislative Districts. Thts is a bad map. It's not a fair map. It, very honestly, denies a great rlass of people their representation in the General Assembly, and that is we suburbanites. I Was on a commission ten years ago - and, as you knowy we have ehirty days we had two meetings. I think Uhe first meeting and the last meeting. Out of the hat came Governor Shapiro, and he pledged in front of that commission, we're goin: to work together to work out a very fair map. Well, I talked to Governor Shapiro at least three or four times on the telephone, never had a meeting with him. The next thing I knew, the last day We had our commission meeting down in'212 and the Democrats eame wheeling in with about a ten-page -- I should say ten pounds of paper - that Was the map. We voted on the map about fifteen minutes after that. No input. We had never seen And We Were asked to vote for it. But this was the fair objectivity we had in the commission. Well, I suggest this to you; that wepre going to get back to that commission. I'm not sure Who youtre going to appoint or who I'm going to appoint. but f hope that Wedre not going to go through the same facade we did ten years ago. want you to know therels a sincere effort on this side of the aisle to try to work out a reasonable map that is fair to everybody the State of Illinois, and particularly those people Who are -- Who are being once again under represented the people in the suburban Collar Counties. would suggesk that everybody ought to 81  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislakive Day June 30# 1991 vote No on this map, because it's not fair.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. We have indeed heard a lot of rhetoric and -- as always happens in redistricting year. But the fact isz this ls redistrietinq year and, under the Illinois Constitution: the General Assembly has an affirmative responsibility to respond to the population change in the -- as the Federal Census refleets, and that's what House Bill 1354 is all about. is comprised of districts that are substantially equal in population, as the Constitution calls for. They are indeed, in my judgment, compact and contiguous. And where theydre not so or where it doesn't look like they are, I can assure you that they only look that Way because there has been every effort to maximize minority representation. And some Wise man once said, ''Comparisons are odious ln qeneral.'' But how do you compare this map to the exksting map, ko the one we currently serve under? 'Because we all know - I read Senator Philip 's press release hoW patently unconstitutional the present, existinq map Was, because of those population shifts. I Would prefer, frankly, to stand before you and compare my effort as embodied in House Bill 1354 With your effort and let's see what's fair. And I Will say to you without fear of eontradietion, Senator Watson - truly understand disruption. And I will say, as I have said to senator Philip for the past five weeks - and I will say publicly again - there was no intenttonal pairing; because, there was to be intentional pairing, pal: Ilve got some over there I'd sure like to gun for. And the fact of the matter is# if you talk about partisan fairness, I refer you only to the pairings that happened in the House of Representatives - a11 Democrats - all Democrats that are 82  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT sGth Legkslative Day June 30, 1991 indeed paired and Will apparently wind up in a primary against one of their colleagues. And, yes, Senator Joyee and I have talked of his concern, and his goncern is a leqitimate one. thought in 1981 that the sixty-five percent rule overreached at that time. And there is some serious discussion among eonstitutional authorities as to Whether or not it is even necessary anymore, much less overreach. But the fact is tt was amended in 1982: and then we had the Thornburg Case. And the gist of the amendment Was you donlt even have to prove intent. 1981, we -- *he intent had to be proved, the intent to deny minority participation and/or representation or to deny a protected class what should have been protected. Now you don't even have to show intent under this case. If tbe effect of What you do is that denial, you're guilty - the map's no good. So, I admit to being super scrupulous in that respect: and I admit it because I think the underlying theory under which was working and above a11 and finally, Mr. Presidentg the -- this map is fair. And that's the underlying theory against Which I Was Working. It is fair to the proeected classesw as defined in the Statutes, and in the Constitution, and in the cases. It is fair to the African-Amerlcans. It is fair to the Hispanics. It is fair, I suggesty to a1l ot us who are partisan. It is fair to Demoerats. It is fair to Republicans. It's fair for the people of Illinois. And I ask your support.

PRESIDINC OFFICER: (SENATOR DEMUZIO) The question is, shall House Bill 1354 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wlsh? Have all voted who wish? Have a1l voted Who wish? Have al1 voted who wish? Take the reeord. On that question: the Ayes are 3l, the Nays are 28, none voting Present. House Bill 1354, having received the required eonstitutional majority, is deelared passed. Senator Carroll.

83  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Thank you, Mr. President. Having voted on the prevailing side, I Rove to reconsider the vote by Which House Bill 1354 passed.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senaeor Carroll moves to Table. Senator Berman. Senator Berman moves that that motion lie upon the Table. House Bills 3rd Reading. House Bill 1357, Madam Secretary.

House Bill 1357. tsecretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you: Mr. President, Ladies and Gentlemen of the Senate. House Bill 1357, for the first tlme ln the history of this State, will apportion the Circuit Court of Cook County into subdlstricts for the purpose of electing the Judiciary in the County of Cook. We talked at great length last year When this legislation was passed, then found unconstitutional, and then repassed. But the fact is, House Bill 1357, as it now sits berore you, divides the County of Cook into fifteen subdistricts for the purpose of eleceinq judges. I will say to you again although there is lkttle or no case laW on the question of judicial districts - that this nap represents and follows those same criteria, namely: the dtstrlcts are substantially equal ln population; they are contiquous; they are compact. Our judgment is, given the compromige efforts from both sides of the aisle in b0th Houses. they are politieally fair, and in my judgment, given the faet that they do recogniae the minority and Afro-American population. setting up as they do four minority districts and two Hispanic-knfluenced districts, think they are in accord With the 84  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30# 1991 Votin: Rights Act - if indeed that Act applies to judieial maps. In any event. think it's an effort of which We can a11 be proud, and I would be happy -- I urqe an Aye voter and be happy to yield to Senator Brookins.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Brookins.

Thank youy Mr. President. rise today to give strong support ko this Judicial Apportlonment Map, House Bill 1357. As sponsor of the original legislation to divide Cook County Circuit Court into subdistricts, especially proud today. Although the headlines tomorrow will talk of legislative map, and of the great budget, and fiscal balance, that are being fought I believe that the true story from today Will be that historle passin: of this map. A long time ago we began to fight for fairness, equitable and representation in our court system. Today we wi1l see that dream realized. It is fittin: that those countless people who helped win this battle be thanked, and I rise today to thank them. It is also.fitting to very briefly note the magnitude of passing of this map. The courts have traditionally been the last place for refuge for minorities. It was thirty-seven years ago today that the -- it was thirty years ago that the Supreme Court ruled that segregation Was unconstitutional. The lawyer in that case...

PRESIDING OFFICER: (SENATOR DEMUZIO) Pardon me, Senator Brookins, I was trying to get yOu Some order.

Thank you. The lawyer ln that case, the greak Tburgood Marshall eventually became the first black man to serve on the Supreme Court. But our battles aren't about first any more; our battles today are about making the system Work for a1l minorities 85  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 55th Legkslatfve Day June 30: 1991 - not just those that are able to break the chains of racism and poverty. This map provides for four African-hmerican judicial districts and two Hispanic distriets, shows that the system ean work for everyone. Ladies and Gentlemen of the Senate: today we will make a historic decision. But in a large sense. we are merely implementing a deeision made more than two hundred years ago, when this country was founded on the proposition that all men are created equal. In honor of Thurgood Marshall, I ask that the Senate unanimously approve this map. Thank you, Mr. President. Thank youw my eolleagues.

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

Thank youy Mr. Presidenk, Ladies and Gentlemen of the Senate. Want to speak briefly. As you knok, for Senator Brookins and myself, this has kind of been a three-year crusade, and it is certainly to our pleasure, and I think to the pleasure of many people, to see that ke reaehed the stage where this map às coming to final passage. Ik should be reminded that this idea of having Cook County divided into judicial subdistricts is not some novel or unique thing; it is eovered in the Illinois Constitution - the Judicial Artkcles saying the Legislature may do But more importantly, a1l it really does is make the Cook County judiciary almost identical to the downstate judigiary. This is how it's done downstate. Al1 we in reality have done is added Cook County to Illinois. I want to particularly thank Members who have worked on this: in the House, Representative Paul Williams and Anthony Young have been of tremendous valuer and the entire House Blaek Caucus has labored and taken a thorough beating on this subject more than once. Republican Members, Assistant Leader Robert Churehill and Jack Kubik has been of tremendous support. This has been a bipartisan effort with negotiations involving the 86  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Mexican-American Legal Defense and Educational Pund, and Senator de1 Valle, Cook County...

PRESIDING OPFICER: (SENATOR DEMUZIO) Pardon me, Senator Keats. Ladies and Gentlemen. Senator Keats. SENATOR KEATS) - - the Cook County Bar Associationr and wedve had numerous public hearings. This map is as good an example of how a reapportionment process can be done in the open and worked on ln a bipartisan manner as anything ean think of. And I want to conclude with a special thanks to Acting Appellate Court Judge Alan Greiman, who claims to have drafted large portions of this map, and told us he had worked for months, personally, on how to draw these distriets. He called legislators in the middle of the night; went to meetings early in the morning. He Was so dedicated to drawing this map that he completely iqnored a11 constitutional guidelines and judicial eanons that told him that this Was a legislative activity. Truly, his activities helped pass this map by.remin4inq us the politicalization of the-cook County judieiary. I thank a11 of you for the work you have done. This map: based on the bipartisan effort that has gone into it, clearly deserves the support of a11 of us.

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

Mr. President. Ladies and Gentlemen of the Senate. I think that both Senator Brookins and his assoclates, Senator de1 Valle and Senator Keats, Who worked very hard to achieve this balance, and has been doin: this for Ehe last feW years, are to be commended, and I certainly speak in favor of this map.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Cullerton. Cullerton. 87  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991

Well, I'm just goin: to state for the record that I think that the comments made by Senator Keats were very inapprspriate. I don't expeèt him to give an apology to Justice Greiman, but I would just indicate for the record that I think it is an affront to his inteqrity, and it was totally uncalled for.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Senator -- if not, Senator Rock may elose.

Thank you, Mr. President. think youlre probably going to see a little different roll call on this one. In my judgmentz again in khe art of eompromise, I think thiG is a fair effort. And frankly, the fact of the matter isy I think We çave the Republicans too much, but I urge an Aye vote.

PRESIDING OPPICER: (SENATOR DEMUZIO) Question is# shall the -- question is, shall House Bi11 1357 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 59, the Nays are noney none voting Present. House Bill 1357, having received the required constitutional majority, is declared passed. END OF TAPE TAPE 3

PRESIDING OFFICER: (SENATOR DEMUZIO) MessaMes from the House.

88  STATE OP ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 A Message from the House by Mr. O 'Brien, Clerk. Mr. President am directed to inform the Senate that the House of Representatives has refused to reeede from their Amendment No. tc a bill of the following title, to wit; senate Bill 45. I am further directed to inform the Senate that the House of Representatives requests a First Commitkee of Conference to consider the differences of the two Houses in reqard to the amendment to their bill. Action taken by the House: June 29, 1991. I have like Messages on: House Amendment No. l to Senate Bill 151. House Amendment No . 1 to Senate Bill 630. House Amendment No. 1 to Senate Bill 659. House Amendment No. 1 to Senate Bill 750. House Amendment No. l to Senate Bill 799. House Amendment No. l to Senate Bill 821. House Amendment Nos. l thru 5 to Senate Bill 844. House Amendment No. l to Senate Bill 908. House Amendment No . 1 to Senate Bill 961. House Amendment No . 2 to Senate Bill 1310. House Amendment No. 1 to Senate Bill 1345. And House Amendment No. l to Senate Bill 1455. Action taken by the House, June 29, 1991.

PRESIDINC OFFICER: (SENATOR DEMUZIO) All right. Senator Jacobs moves *hat the Senate accede to the request of the House. Message from Ehe House.

A Message from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to eoncur with the Senate in the adoption of their amendment to a bill of the following 89  STATE 0F ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 title, to wit: House Bill 256 with Senate Amendment No. I have a like Message -- pardon me. That's a1l I have. actually. Non-concurred in by the House, June 30, 1991.

PRESIDING OPFICER: (SENATOR DEMUZIO) Secretary's Desk. Message from the House.

A Message from the House by Mr. O'Brien. Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to adopt the First Conference Committee Report on Senate Joint Resolution No. and requests a second committee of conference to eonsider the differences between the two Houses in regards to their Amendment No. 1. Action taken by the House, June 30, 1991.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jacobs moves to aceede to the request of the House. Messa:es from the House.

A Messaqe 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 inskrucked to ask the concurrence of the Senate, to wiek House Joint Resolution 64 offered by Senator Philip. I have like Messaqes on: House Joint Resolution 69. House Joint Resolution 70. And House Joint Resolution They are al1 eongratulatory.

PRESIDING OPFICER: (SENATOR DEMUZIO) Consent Calendar. Messages from the House. 90  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30# 1991

A Message from the House by Mr. O lBrien, Clerk. Mr. President am directed to inform the Senate that the House of Representatives has adopted the followin: joint resolution, in the adoption of which I am instrueted to ask the coneurrence of the Senate: to wit: House Joint Resolution l6. It is substantive. Adopted by the House, June 29z 1991. I have like Messages on: House Joint Resolution 42. House Joint Resolution 65. They fre all three substantive.

PRESIDING OPFICER: (SZNATOR DEMUZIO) Executive Committee. Resolutions.

Senate Resolution 636 offered by President Rock and Senator Davidson. Senate Resolution 637 offered by Senator Topinka. Senate Resolution 638 offered by Senator Topinka. Senate Resolutions 639 and 640 offered by Senator Topinka. Senate Resolution 64l offered by Senator Hudson. Senate Resolution 642 offered by Senator Donahue. Senate Resolution 643 offered by Senator Brookins. Senate Resolution 644 offered by Senator Smithe President Rock and a11 Members. Senate Resolution 645 offered by Senator Keats. Senate Resolution 646 offered by Senator Topinka. Senate Resolution 647 offered by Senator Welch. Senate Resolution 648 offered by Senator Savickas and all Members. Senate Resolution 649 offered by Senator Watson. 91  STATE OP ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Senate Resolution 650 offered by Senators Marovitz and Geo-Karis. And Senate Resolution 65l offered by Senators Demuzio and Davidson and a1l Members. They fre all eongratulaeory and death resolutions.

PRESIDING OFPICER: (SENATOR DEMUZIO) Consent Calendar.

And Senate Resolution 652 offered by Senator dêl Valle. It is substantive.

PRESIDING OFFICER: (SENATOR DEMUZIO) Executive. All right. Ladies and Gentlemen, the Senate will come to order. Senator Rock.

Thank you, Mr. President, Ladies and Centlemen of the Senate. As I'm sure you're all aware, as most of you have now been appointed to one conference committee or another, there are a number of conference reports that are circulating for signature; there are a number of meetings going on. The fact is: onee signed and put into the proeess, it takes a little While to duplicate the paper and the copies that are necessary and the Calendar. We have one Calendar virtually ready to go, but the fact is Senator Philip and have diseussed the opportunity to have some dinner and afford the conferees an opportunity to meet, so that we can get as much done as we can this evening. We do intend to Work until midnlght. And so would suggest, and will reeommende Ehat we stand in recess until 8:15 so that we can be back on the Floor; and at that point, we'll have a11 the copies and the Calendars and everything ready to go. I move we stand in recess till 8:15.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. We'1l stand in recess till the hour of 8:15. 92  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENAQE TRANSCRIPT 55th Legislative Day June 30e 1991 (RECESS) PRESIDENT ROCE) While wedre waiting the arrival of the other Members who are conferring, I think it behooves us to move to the First Special Session of the Eighty-seventh General Assembly. FIRST SPECIAL SESSION (See Firsk Special Session Transcript) SENATE RECONVENES

Resolutions, Madam Secretary.

Senate Resolution 653 offered by Senator de1 Valle. Ik is a death resolution.

Consent Calendar. With leave, we'll add it to the current Consent Calendar.

And Senate Joint Resolution 81 offered by Senator J.E. Joyce. It is substantive.

Executive. Some of the Members have requested that the resolutions filed - the congratulatories and death resolutions be finalized. And so I think it behooves us# Madam Seeretary, to finalize those yet tonight, and we can start a new list ke. indeed, we are going to stay over. Madam Secretary, have any objections been flled to the Resolutions Consent Calendar? 93  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991

There have been no objections filed, Mr. President.

A1l right. No objections having been filedy Senator Hall would move the adoption of the Resolutions Consent Calendar, so that the Secretary can have them prepared and ready for the Members. Al1 in favor of that motion. indicate by saying Aye . A1t opposed. The Ayes have it. The Resolutions Consent Calendar is adopted. Senator Davidson: for what purpose do you arise, sir?

Mr. President, if it's apprapriatez Ifd like to go to the Non-concurrence Calendar for the purpose of not concurring in a -- to ge* this bill into a conference committee. Page 19.

All right. Without objeceion, leave is granted. Wedre on Page 19 on *be Calendar. On the Order of Secretary's Desk, Non-concurrence. Xeah, that's -- okay, 1 got it. House Bill 1123, Madam Seeretary.

Senate Amendment No. 1 to House Bill 1123.

Senator Davidson.

Mr. President -- Mr. President and Members of the Senate, I move we not recede from Senate Amendment and ask for a conference committee on House Bill 1123.

All right. Senator Davidson has moved tbat the Senate refuse to recede from the adoption of Senate Amendment No. to House Bill 1123, and that a conferenee committee be appointed. Al1 in favor indicate by sayinq Aye. Al1 opposed. The Ayes have it. The motion carries. and the Secretary shall so inform the Senate 94  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 <sic>. For al1 who are within the sound of my voice, we have Supplemental Calendar No. that's House Bill 406, Senator Jones; House Bill 927, Senator Cullerton; House Bill 1838, Senator Luft; House Bill 2352: Senator Philip; House Bill 2556, Senator Severns al1 of Which are on tbe Order of Non-concurrence. And We have conference committee reports that have been filed - Senate Bill 10, Senator Berman; Senate Bill 539, Senator Topinka; Senate Bill 1016, Senator Brookins; 1364, Senator Jerome Joyce; and 1451, Senator Severns. I would ask those Members to please be ready. A1l right. Ladles and Gentlemen, if I ean direct your attention to Supplemental Calendar No. on the Order of Secretaryfs Desk, Non-concurrence. If they Wish -- if the Members wisb these bills to go into conference, the Motion is to Refuse to Recede from the Senate amendments and make a request. House Bill 406, Madam Secreeary.

Senate Amendment No. l to House Bill 406.

Senator Jones.

Yes, thank you, Mr. President. I move that the Senate refuse to recede from Senate Amendment No. l to House Bill 406, and request a conference committee.

A11 rlght. Senator Jones has moved that the Senate refuse to recede from the adoption of Senate Amendmen: No. l to HouGe Bill 406, and that a conference committee be appointed. A11 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The motion carriesy and the Secretary shall so inform the House. On the Order of Secretary's Desk Non-concurrence, is House Bill 927, Madam Secretary.

95  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Senate Amendment No. l to House Bill 927. PRESIDENT ROCXI Senator Cullerton.

Thank you, Mr. President, Members of the Senate. I would move to refuse to recede from Senate Amendment No. l to House Bill 927. Ask that a conference committee be appointed.

Al1 right. The Gentleman has moved that the Senate refuse ta recede from the adoption of Senate Amendmene No. l to House Bill 927, and that a conference committee be appointed. All in favorz indieate by saying Aye. Al1 opposed. The Ayes have The motion carriesy and the Secretary shall so inform the House. 1838. Madam Secretaryz please. SECRETARY HAWEERJ Senate Amendment No. 1 to House Bill 1838. PRESIDENT ROCKI Senator Luft.

Thank you: Mr. President. would ask that the Senate refuse to recede from Senate Amendment No. to House Bi11 1838, and a conference commlttee be set.

The Gentleman has moved that the Senate refuse to recede from the adoption of Senate Amendment No. l to House Bill 1838, and that a conference committee be appointed. Al1 in favor, indicate by sayinq Aye. All opposed. The Ayes have it. The motion carries, and the Secretary shall so inform the House. With leave of the Body, Senator Weaver, House Bill 2352, Madam Seeretary.

Senate Amendment No. 1 to House Bill 2352.

96  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Senator Weaver.

Thank you, Mr. President. I'd ask that the Senate refuse to recede on House -- or Senate Amendment to House Bill No. 2352.

A11 right. The Gentleman has moved that the Senate refuse eo reeede from the adoption of Senate Amendment No. 1 to House Bill 2352, and that a conference committee be appointed. Al1 in favor: indicate by saying Aye. A1l opposed. The Ayes have it. The motion carries, and the Secretary shall so inform the House. 2556. Senator Severns. Madam Secretary, please.

Senate Amendment No. 1 to House Bill 2556. PRESIDENT ROCK) Senator Severns.

Thank youe Mr. President. move that the Senate reaede from Senate Amendment No. 1.

All right. The Lady has moved that the Senate will recede from Senate Amendment No. This will be final action, Ladies and Genelemen. Senator Severns. Senator Severns. Explain the amendment.

Thank you, Mr. President and Members of the Senate. This simply provides that when institute days are given, thak -- sex abuse may also be a subject that can be kncluded in those topics to be discussed.

A1l right. The Lady has that the Senate recede from Senate Amendment No. to House Bill 2556. Discussion? If notp the question is, shall the Senate recede from Amendment No. l to House 97  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Bill 2556. Those in favor vote Aye. Opposed vote Nay. And the voting is open. Have a1l voted who wish? Have a11 voted who Wish? Have a11 voted who wish? Take the record. On that question, there are 55 Ayes, no Nayô, none votin: Present. The Senate recedes from Senate Amendment No. l to House Bill 2556. And the bille havbing received the required constitutional majority, is declared passed. Al1 right. Wedre going to move to the Order of Conference Committee Reports, and I would alert Senators Berman, Topinka, Brookins, Joyre and Severns. Theydre first on the qun. Senator Berman, if you're ready, sir. Madam Secretary, on the Order of Conference Committee Reports, on Supplemental Calendar No. 1, is Senate Bill 10, please.

First Conference Committee Report to Senate Bill 10.

Senator Berman.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. The Flrst Conference Committee Report on Senate Bi11 10 addresses the question that the Supreme Court has presented to us in the one man/one vote controversy involving Cblcago sehool reform. This bill provides for the following posture electing local school councils in Chicago school reform . It maintains, as we have for the last tko years, the ten-member local sehool council. Those local school council members are, as has been previously) six parents, two teachers, and tko community representatives. The -- because of the Supreme Court rulinq because of the Supreme Court ruling, where we tried to build in a purposeful advantage to parents and qive them six votes tbe flrst go-around, the Supreme Court said that that was unconstitutional, and they voided the entire Act. We passed a bill on January 8th that said that We must fix the votinq process 98  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 by -- by June 30th, and that's what this bill is about. This bill provides that teachers will be voted for by the members of the school staff, and the Board of Education has the right to appoint the two teachers.

Senator Berman, excuse me. I'm going to ask those in the gallery to please lend us your atteneion. I'm asking those on the Floor, particularly the staff members, to take the conferences off the Ploor. There are conferees meettng all over the building. I'd ask the Members to not have press conferenees on the Floor. We are only going to work till midnight. So, let's afford everybody the opportunity to have their say. No. Senator Berman.

A1l right. Thank you, Mr. President. The two teachers are appointed by khe Board of Education after a non-binding vote - advisory vote - by all of the members of the staff of the local school. The remalning eight people six parents and two community representatives - are going to be elected by everyone within the borders of that school who eome to votez and those people will have five votes cast for eight members six parents and two community representatives. The bill also provides that in the high schools in Chicago there has been, for the last two years, a student member of those local school councils. That student is provided a vote on those local school councils, except he or she may not vote on personnel matters. And that student w1l1 be appo:nted, pursuant to a non-bindinq vote of the sEudent members of that school. This is an outline of the compromise which is represented here. We had a -- we had a so-called summit meetinq here approximately Een days ago. The people came down wonderful, dedicated people. They came in split between a ten-vote model and a three-vote model. The general consensus Was that the teaehers ought to run like everyone else, and that six 99  STATE OE ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislatkve Day June 30, 1991 votes for a ten-vote model was a -- versus a three-vote model, Was a reasonable compromise. This is a compromise from the compromise which provides for five votes to elect eiqht candldaees that are running e plus the two teachers that Would be appointed. I Would be glad to respond to any questions. Let me point out that the House has accepted this Senate Bill 10 Conference Committee by a vote of l00 to 4 - l00 to 4 Which represents a substantial support in the House by Chiaagoans, Downstate Democrats, Chicago Democrats and Republicans: and I solicit your Aye vote on Senate Bill l0.

PRESIDING OFFTCER: (SENATOR LECHOWICZ) Is there any discussion? The Lady from Dupage, Senator Fawell. don't want to give it up . Bev? No? The Gentleman from Cook, Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. A question for the sponsor.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Indicates he'll yield. SENATOR dEL VALLE: Senator Berman, does Senate Bill 10 contain any provisions that address how the nominating commission is established?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman: please.

This bill does not alter the nominating commission. They were created in the blll two years ago. They were re-created in the vote bill of -- în January, and this bill doesnêt touch Ehem.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator del Valle. SENATOR dEL VALLE: So, for clarification, the nominating commission will continue to be selected from within the subdistricts and by the 100  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30# 1991 subdistriets.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

That's correct.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any more? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Please proceed. SENATOR dEL VALLE: I know Senator Berman has worked very hard on this billy but I want everyone to know that many advoeacy groups, a1l the school reform groups that were involved in the School Reform Act - the passage of the School Reform Act - have been involved in this process. And as Senator Berman stated, there were numerous meetings where groups came fortb and gave their opinion on how they . felt We should change the laW in order to 'deal With the constitutional requirements. Every single school reform that was involved in those meetlngs agreed to a eompromise a compromise of six votes. Those agreements -- or that agreement Was based on the idea of electlng ten members of the council, ten members to lnclude the teachers. What this Conference Committee Report does is that takes out the two teachers from the election process. senator Berman lndicated that ln the House there Were 1l0 votes for this Conference Committee Report. Let me say that in the House, in the Floor discussion, it was also stated that every single school reform was in favor of this Conference Committee Report. and that is just not true. There is not one sehool reform group that I know that is in favor of taking the teachers out of the election process. I question whether this is constitutional. l0l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30y 1991 I question whether then wedll end up with a situation where We will have to question whether the votes of the two teachers are equal in weight to the votes of the individuals -- the other members that are selected by the entire eomRunity. And so think there are serious flaws with this. I also want, for the record, to say that the School Reform Summit Coalition passed a resolution unanimously endorsing the election of a1l the members of the local sehool council. And so therefore, I have to stand in strong opposition to the Conference Committee Report of Senate Bill

PRESIDING OFFICER: (SENATOR LECHOWICZ) Ladies and Gentlemen, I know we just go throuqh with a dinner ? break, and this is our first conference committee report khat we've been moving on would like to get the attention of the Body on the debate, please. Is there any further discussion? Please. The Gentleman from Cook: Senator Dudycz.

Thank you, Mr. President. I just wish to echo the sentiments of the previous speaker. I'd like to add briefly the conferees to the School Reform Summit Coalition dld have a skatement that they distributed to every Member in the Senate. Ik's a resolution. IId just like to briefly read a very short part of It says, ''Whereas, we are therefore adamant in our support of all the endorsed provisions, including the election of teaeher members of Chieago's loeal school councils, as preferred by nine out of ten teachers in the Chicago public schools polled on this issue.'' And further, they stake thate HThe teachers shall be elected by parents, community residents and school staff in the same manner as parent and community resident candidates.'' It's very clear that it's -- it appears that the only people that Were part of this compromise were representatives of the Chicago Teachers' Union and the representatives of the Chicago Board of Education. The following groups are among those Who are opposed: l02  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legkslative Day June 30, 1991 the School Actkon Coalitkon, Citywide Coalition for School Reform. the School Board Nominating Commission, Citizen Sehools Committee: Unkted Neighborhood Organizations, Taxpayers for Reform and Independent Public Schools, the Civie Federatlon, Schools Firstz Designs for Change, the Chicago Urban league, the African-hmerican Education Reform Institute, Parents United for Responsible Education, the Latino Institute - and I could go on and on, Mr. President, but think it's very clear. join with Senator Miguel del Valle to urge the Members of the Senate to vote against this Conference Committee Report and ask that Senator Berman and the rest of the conferees come up with one that ean be acceptable to the families, Ehe local school eouncils, and the community residents that have tried to craft this proposition.

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

Yes. Mr. President, I Would like to ask the sponsor a question or two.

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

Senator...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me# Erank. Please, could we have your attention? Senator Savickas.

I quess my question would be geared to the election procedure. It's my understanding that noW the Board of Education will conduct these elections for the school councils.

PRESIDING OFFICER: (SENATOR LECBOWICZ) Senator Berman.

l03  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 I'd like to know What it would cost - the cost involved, and why the Board now is handling

PRESIDISG OFPICER: (SENATOR LECROWICZ) Senator Berman.

This bill does not chanqe what we did two years ago. The Board ran it two years ago, and we have kept it that way.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Saviekas.

Could you tell me what the cost was?

PRESIDINC OFFICER: (SENATOR LECHOWICZ) Senator Berman.

I don't know.

PRESIDINC OFFICER: (SENATOR LECHOWICZ) Senator Savickas.

Well, just talking to different people, understand the cost was quite substantial. Wedre talking about a million or so dollars or more - or more. We dre having the Board that has no money, that's Ehree hundred and - What fifteen/twenty/thirty million dollars in debt now is going to have to also conduct elections. I do have a questlon on our student -- election of our student member of the LSCS. Says this student -- on Page 15, - ''shall not be eligible to vote on personnel matters including, but not limited to, principal evaluations and contracts and the allocation of teaching and staff resources.'' But alsoz as a nonelected person, a twelve or thirteen-year-old child will be votinq on the expenditure of the school budgets - school budgets and maybe not on teacher and staff resources, buk ehere are veryw very many other items that these school councils do vote in their 104  STATE OF ILLINOIS 87th GENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 55th Legislatike Day June 30, 1991 budgets. Now ke also have tWo teachers that are appointed, and not elected, that will be votlng on budgees that do -- do reflect the allocation to teaching and staff resources. do think this is unconseitutional in those two regards. I would suggest When Senator speaks of one man/one voter that this does not hold true in this case. There is no one man/one vote here. There is eight people elected and three others that are appointed, and they hold as much voting authority as any elected person. And when we talk about the nominating commission, wonder - on Pages -- starting on Page 22 and 23 - now we do not elect these eommunity members as we did before; now we appoint them . They are not elected to become on the school nominating commission they fre appointed. So, Senator de1 Valle, they are chanqing the nominatin: clause. Theydre changing it from having those that serve in the communities elected to it to be appointed, and they specifically remove the word nelected.'' think that this -- khis particular Conference Committee Report does not meek the criteria that We are looking for to make this a eonstitutional process. Would suggest we vote against it.

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

Thank you, Mr. President. Welle I understand and realize that this is a very important matter, since the courts have ruled ehe election process uneonstitutional, and we do have to do something here. BuE Ehis Firse Conference Commitkee Report, very frankly, is not at all what any of the community groups have wanted. I've talked to about five of them koday. They are still very adamantly in favor of electing the teachers and not havinq them be appointed by the Board. In a summary that Senator Berman wrote of the Chicago School Reform Summit that met a couple of weeks ago , it says, ''Except for the union representatives. those individuals l05  STATE OF ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 present unanimously oppose the union position and supported having teachers run for electione just as parent and community members do.d' Could we have a little quiet, Mr. President?

PRESIDING OFFICER: (SENATOR LECHOWICZ) I totally agree, Madam. Would you please give the Lady your attention? Pleasew Please continue.

Thank you, Mr. President. There's nothing Worse than a woman shoutin: shrilly.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Thak's never your case.

Other than a man shoutin: shrilly.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Please continue.

Also, by the way, in the summary - the principal authority over staff - says, f'The group felt that the language contained in Senate Bill 11 regarding a principal's authority over operatin: engineers and food service personnel was not strong enough.'' Members of the Senate, these two issues are the biggest issues for the Chicago School Reform this year, and the biggest issues With the LSCS and a1l the community groups that are involved in Chicago School Reform. They want the teachers elected, and they kant the principal to have authorlty over the sehools. firmly believe that if this bill qoes ouE of here now - thtE Conference Committee Report is agreed to and goes out of here - we will not see language dealing with the principal authority over the schools. We still have not seen language for Senate Bill 1l, in Whàch that amendment was contained, and I think until we do, we should defeat this Conference Committee. I urge you to vote No.

PPESIDING OFFICER: (SENATOR LECHOWICZ) 106  STATE OE ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30e 1991 At that rate, we%ll be here probably till January 1st. The Gentleman from Cook, Senator Brookins.

Thank you...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Brookins.

Thank you, Mr. President. too, would like this opportunity to acknowledge the hard work and commitment that Senaeor Berman has showed for this work in this report and his meetin: with community groups. I also have been meeting with community groups and I am not servin: on the Education Committee, but I think that represent in my district more teachers than any districe in the State of Illinois. Seems as though every one of them live in my district. We send more youn: folks to college from my district minority - than I Would lmagine any other district in the State of Illinois, if not the country. So I do have an interest - and a strong interest - in the educational system, the reform system, and this reform bill that we are attempting to pass. In lieu of that, I Would say to Senator Berman -- and thank him for meeting the needs of some of the problems that I had With the bill as it Was presented. I still have further problems with the bill, and I have asked Senator Berman if we could not correct those problems - and I speak now of the election of the two teachers. I think they too should be elected and stand for elected like the other members of the local school board. And with thaty must ask my colleagues to reject this, because it is not right to have people that are unequal put on the school board, especially with the authority that they will -- they will have. So I urge for a No vote on this piece of legislation.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Ladies and Gentlemen, if we cannot get the attention of the l07  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Body, We will have to clear the Floor. think this is a very important Conference Committee Report. The Gentleman has worked diligently in order to present it to us. There is debate on the matter. think We should listen to the debate and vote accordingly. The Gentlelan from Cook, Senator Marovitz. Please.

Senator Berman, I#m sure this came upy but either with the noise or other things going ony I didn't hear it. Let me just ask a couple questions. What is the position of the Chlcago Teachers' Union on this Conference Committee Report - on this compromise?

PKESIDING OFFTCER: (SENATOR LECHOWICZ) Senator Berman.

This Chicago Teachers' Union supports this Conference Committee Report.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

What is the position of the Chicago Board of Education on this?

PRESIDING OFPICER: (SENATOR LECHOWTCZ) Senator Berman.

I don 't -- 1'm not aware that the Boar; of Educatkon has taken a position.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Marovitz.

Has the City of Chicago taken a position on this?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Berman.

l08  STATE OP ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Well, I have met With the -- kith the -- a lobbyist for the City of Chieago, as recently as yesterday. He voiced no opposition to this, and I would think that if tbe House passed this bkll 11G to 1, I think the Ckty is probably in support of this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

That's a pretty fair assumption, I would say. With that roll call, T'd say that's a fair assumption. Have you heardy yourselfy from communkty groups in opposition to this? And -- and tell me the nature of their opposition. Is it the six to five? Is it the - - is it the noneleetion -- nonpartieipation of the election of the teachers?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Berman, please.

Well, thank you for your question. The groups that met down here. in the summit of ten days ago, came in - and I think it's fair ta say that they were substantially divided. A large number of them - was going to say half and half, and I -- that's probably a misstatement - but a very large number of them wanted ten votes for ten candidates. A very large number of them came in requesting three votes for ten candidates. There was a proposal that a six-vote compromise be adopted. That was agreed upon by a sixty-percent majority, predicated on ten eandidakes. And as I said in the report that Senator Karpiel referred to, *he overwhelming majorityy if no* everyone there: wanted ten to run. This compromise ynu want to call the Berman proposal - was looking at the compromise of sixy which is one more than half of ten. My proposal is five votesy which is one more than half of eighk. 1* carries Ehe same message of those numbers. But let me 109 ' STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30w 1991 I ( tell you why we have -- and khy I have abided by the request of the union and have not abided by Lhe request of the people that were down at the summit, if I might. When we put together the original School Reform Act -- and the way it has operated for the last tWo years, teachers were there not necessarily to reflect the community at large. You had two eommunity representatives to do that. We purposely made it six parents to represent parents - speak on behalf of their kids. We put tWo teachers on there to speak on behalf of teachers and other personnel employed ln that building. That's a different constitueney. And we had two community representatives. The Supreme Court, in its decision, did not say that you could not have six parents, two teachers and two community reps, and the Supreme Court did not say you could not have two teachers elected by school staff. What they did say is that between parents and community reps, those people tbat walk in to vote had to have an equal vote - not equal representation on ' the board - and that's the difference that this proposal, I believe, constitutionally reflects. They are different constituencles for the people serving on the board. PRESIDING OEFICER: (SENATOR LECHOWICZ) Senator Marovitz. SENATOR MAROVITZ: I agree With everything you've said, totallyy and that was our agreement. But let me ask you this, just so I understand the concept: Tell me what's wronî - and I'm going to ask you this about three also - what's wrong with -- well, let's say We got eight.' What's Wrong witb having eight members elected and eight votes? I just Want to understand the concept, okay? You :ot eight people elected - what's wrong with having eight vokes? And then 1'11 ask you the same thing about the number three. PRESTDING OFFICER: (SENATOR LECHOWICZ) Senator Berman. 1 110  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991

The example that we had at the summit meeting Was there Was strong and detailed research done by the three-vote advocates and done by the ten-vote advocates. I can go in and give you their -- each of their rationale. The ten-vote people, for the most part, felt that everyone that walks in ought to be able to voke for everyone; that there was no evidence of structured voting that would undermine any of the minority views. The three-vote people felt that there kere examples that the community overwhelmed the parents, and they felt that the best way to protect the parents was through a three-vobe model. NoW they both felt very strongly about those rationale, and yet sixty percent compromised off of the three and off of the ten. Now I ean tell you this and I have worked on this long and detailed - there isn't

PRESIDING OFFICER: (SENATOR LECEOWICZ) Excuse me, Senator Berman. Please eontinue.

There isn't a proposal -- you pick a number and you piek a process, and there Will be differences of opinion. These are great people Who came down here. They have their oWn lobbying goal, and I understand it# but the teachers on those boards serve a different purpose.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

Just to close.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Vour time is just about concluded.

Okay. Last question, just to close. The concern of parents Were that the community, with too many votes with ten vokes, let's say - might overwhelm the parents? Fine. 1l1  STATZ OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Jeremiah Joyee. Senator Joyce.

Thank you, Mr. President. Question of the sponsor, please. PRESIDING OFFICERI (SENATOR LECHOWICZ) Indieates he'll yield. SENATOR J.E. JOVCE) Senator Berman, you indicated that you met wlth the lobbyist from the City of Chicago with respect to thls. Is that correct, or did you meet with him to talk about something else?

PRESIDING OFFICER: (SENAYOR LECHOWICZ) Senator Berman.

No: sir, he was in our meeting yesterday.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

Looking through this Conference Pommittee Report, don't see anything on the school engineers. Is there somethin: in this report on the school engineers?

PRESIDTNC OFFICER: (SENATOR LECHOWICZ) Senator Berman.

No . The engineers are not an issue in this bill. This is just a voting model for elections of local sehool councils. senate Bi11 11, which is not ln a conference committee report, addressedg or will address, those issues. PRESIDING OFFICER; (SENATOR LECHOWICZ) Senator Joyce. Gentleman from McLean, Senator Maitland. Ladies and Gentlemen, please. Thank you. Senator Maitland.

Thank you very muchy Mr. President, Members of the Senate. ll2  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Senator Berman, I can't can't see you. I just wanted to set the record straight. I was listening to your eonversation with Senator Marovitz, and I think perhaps some were confused, on this side of tbe aisley with respect to -- to, perhaps, the issue. Always there was much debate on the number of votes - Without question, and the groups that Were here were a11 over the place on that. .But with respect -- with respeet to the election of the teachers, there Was no disagreement. They were al1 in favor of electing the teachers. And I think perhaps the discussiony perhapsr confused the issue over here a little bit. just wanted to make that -- that clear for the record.

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

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

Senator Berman, I had a couple of Chicago Teachers' Union's representakives Who happen to live in my district - come and talk to me while they were down here visitins over the Session. And one of the things ehat they mentioned to me Was this idea of electin: teachers. Now, note, aecording to our Conference Report, that indeed the teachers can be elected by their peerse but that doesn't necessarily mean that they 're the ones that are going to be appointed; that thls is merely an advisory - an advisory - election, and that the Sehool Board: at that pointr can appoint anybody they darn well please. And that Was the one thing that the union representative that I talked to wanted to make sure did not happen; that indeed a teacher was elected, that that teacher would be the one to represent tbem , and that some other ll3  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30: 1991 board would not be able to step in and appoint someone else . Can you tell me if that is true - if our conference analysis is true or not?

PRESIDINC OFFICER: (SENATOR LECHOWICZ) Senator Berman.

Okay. Senator Fawell...

PRESIDING OFFTCER: (SENATOR LECHOWICZ) Yes, Senator Berman.

Senator Fawell, the -- I held in my hand -- I have in my hand a letter from the Chicago Teachers' Union which supports unequivoeally the process built into Senate Bill 10. Now let me explain to you that because of the technlcal requirements regardins elections and appointments: the teachers who are selected by a vote of their peers - a11 of the employees in that school building - that electton alone cannot legally guarantee that they be seated on the local school council. The technical requirement is that there must be some appropriate appointin: authority. In this bill: and in concurrence with the Teaehers' Union request, the Board of Educakion has the prerogative the unbridled prercgative of naming two. Now they had that two years ago -- no, IIm sorry they did not have that two years ago. There ks no -- no fears that the Board. although they have the power to not follow the vote. will, fact: follow the vote.

PRESIDING OFFTCER: (SENATOR LECHOWICZ) Senator Fawell.

Well, to the bill.

PRESIDINC OFFICER: (SENATOR LECHOWICZ) Proceed .

l14  STATE OF ILLINOIS 87th GENERAL ASSSMBLY RECULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 The union representative that I talked to said that exact same thing did indeed happen into -- in her school; that the -- that the member who was appointed to the council then threatened them With their jobs. And I am tellin: you, I think this is a pcorly written bill. think that we should go along with the idea that what the neighborhood groups have said in the past. You may hold a letter fron the -- the high officials in the unions, but have talked to some of the members, and this is not What they want. think this is a bad idea. think we ought to send it back to conference, and give the people Wbat they are justly entitled to.

PRESIDING OFFICER: (SENATOR LECHOWTCZ) Any further discussion? Senator Collins. The Lady from Cook, Senator Collins.

Senator Berman... Question of the sponsory please.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Indicates hedll yield.

Senator Berman, can you tell me what are we doing -- or Why are you, rather the sponsor of this bill - at this late hour fighting so hard against an agreement that were made in a conference -- in a committee of those who are actively involved with this process who came down here and hopefully reached a compromise on some areas that they wanted to be included in this bill? Tell meg what would be the difference between the teachers being elected along With everyone else, or going through this complicated procedure that you are explaining and seemed if no one else understand?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

115  STATE OP ILLINOIS ' 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 First of all, I think everyone understands it. Secondly, I will suggest to you - and I hope you're listening to me - that the members who are put on the local school couneil have a certain constituency. We Wanted, when we drafted the original bill - and that purpose is still valid today - that We wanted members of the local school council to voice a view for a constituency. And that's Why we provided a majority of six people who are parents. They are speaking on behalf of their children. We wanted someone to speak on behalf of the administration of that school. That's why we put on a principal, and the principal ls still there. We wanted someone to speak on behalf of the community Who is not a parent, who is not a teacher...

PRESIDING OFPICER: (SENATOR LDCHOWICZ) Excuse me# Senator Berman. Senator Collins, what's your point of order?

My point is that I Would appreciate it if Senator Berman will answer my question, because everyone, Whether they understand it or not -- all of these questions this late debatin: on this issue, someone must not understand it or something is seriously wrong. Now I want you to ansWer the question. What is the difference between electing the teachers along With everyone else, and Why are you fighting so hard for that to do it another way? Why?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

Because I think that the teachers on the local school eouncil are there to represent the people who are employed - employed - in that school building. They have done an overwhelmingly good job. Out af the six hundred LSCS, there are very few examples of poor representation by those teachers. They were selected by their peers tWo years ago. I think there's nothing broken; I don tt want l ll6  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 to fix it.

PRESIDING OFFICER: (SENATOR LECHOWICZ) We've been on this Conference Committee Report for an hour now . Senator Collins.

N0, no. I Want to ask one more question.

PRESIDING OFFICER: (SENATOR LECHOWICZ) One more question.

Senator Bermany Senator Berman -- and the reason doing ehis is because that's why We here right now with no budget and all of the problems that We have - because people are losing faith in this whole process. NoW We had a good process working here with people involved. I was told that everybody Was in -- not everybody in agreement, but the majority of people representing in this group Were on board with this thing. And I asked, and I had to consult with the people Who were involved with this portion. I have not been working with this portion of the education. I've been actively involved in seekiné -- tryinq to get some more money for that system; beeause, Without money, all this is a crock of -- anyway. But anyway, Senator Berman, I guess what I'm trying to say to you is, why dohlt you just redo another conference committee report and let's :et about the business. There is no difference between the constituency that the teaehers represent they represent the administration - and the parent represent the children in the sehool. No different. So let's try and take the thing out and put the teachers in there and move on about khe business.

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

Thank you. I would move the previous question, but would ll7  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 also point out that this exact identical Conference Committee l ReportpassedtheHouseofRepresentativesl10tol- ll0 to 1. 1 Let's move on.

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

Thank you. Senator Colltns, I see your signature on this Conference Committee Report. Okay. I just Wanted to note that for the record. Secondly, I won't go into a11 of the debate that we have stated. Ladies and Gentlemen, the people that would like the teachers not to run have a different set of priorities. Theydre not bad priorities. They are good priorities. But they have a different frame of focus than do the employees in that building. School reform has moved forward, I tbink, well in the past two years. This'part of reform is not broken. The Supreme Court said -- did not say We could not do this. The teaehers have well-represented themselves, other employees, and it has worked Well in virtually - virtually - every school, virtually every school. If it ain't broke, don't fix it. This bill doesnlt try to tamper with something that ain't broke. It passed the House l10 to 1. The hour is now 9:30. I'm not sure We will get back for a Second Conference Committee Report. If this goes down, I will do my best. But, Ladies and Gentlemen, Chicago Reform has done superbly well for the children of Chicago for the past kwo years. T ask for your eommitment by an Aye vote to continue that commitment.

PRESIDING OFFICER: (SENATOR LEPHOWICZ) Question is, shall the Senate adopt the Conference Committee Report on Senate Bill l0. All in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Please take ehe record. On this question, there are 22 Ayesy 34 Nays: l recorded as Present. And the 1 I 1l8  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30g 1991 Conference Committee Report is not adopted, and the Secretary shall so inform the House. Senate Bill 539. Senator Topinka. Excuse me. The Gentleman from Cook, Senator Dudycz. What purpose you seek recognition?

Thank you, Mr. President. Just on a point of personal privilege. Would like to note that with the Senate defeat of Conference Committee Report No. l to Senate Bill 10y specifically with the vote of 22 to 34 and 1, the sponsor and the next conferee -- the conferees take heed in their work on Conference Committee Report No. 2 not to return with a clone of this Conference Committee Report Without facing a similar vote. PRESIDING OFFICER; (SENATOR LECHOWICZ) Out of order. Senator Topinka. Read the bill, Madam Secretary. I mean, read the Conferenee Committee Report. Senate Bill 539.

Pirst Conferenee Committee Report on Senake Bill 539.

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

Yes, Mr. President and Ladies and Gentlemen of the Senate, would ask that we eoneur with Conference Committee Report No. to Senate Bill 539. All this does is provides a technical amendment to correct an incorrect date. And everyone is in agreement. don't think there's anybody in opposition.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is: shall the Senate adopt the Conference Committee Report on Senate Bill 539. All in favor, vote Aye. Al1 opposed, vote Nay. The votinq is open. Have all vcted Who Wish? Have all voted who Wish? Please take the record. On this question, there are 59 Ayes, no Nays, none recorded as Present. ll9  STATE OP ILLINOIS 8?th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 I The Senate does adopt the Conference Committee Report on Senate Bill 539. This billr having received the constitutional majority, ls hereby declared passed. Senate Bill 1016. The Conference Committee Report on Senate Bill 1016. Senator Brookins. Read the report, Madam Secretary.

First Conference Committee Report on Senate Bill 1016.

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

Thank you, Mr. President. This Conference Committee seeks to enhance the financial management capability of the RTA by providing the RTA with the authority to use the rate protection contract to manage its financial exposure. Instability in interest rates affeet the ability of *he RTA to manage its financial position effectively. As raises of price environment, the RTA could pay higher debt service costs than anticipated in this budget. Rate protection contracts would provide the means of the RTA to lower its exposure to interest rates instability to ' allok different perceptions of RTA risk. These financial instruments can be used to lock its fixed rate in anticipation of increases. Interest rate instruments are already used by the Illinois Housin: Development Authority, the Port Authority of New York/New Jersey, khe Metropolitan Transit Authority in New York, and several other public agencies. The report is consistent with *he RTA statute mandate as the financial and plannlng oversiqht agency for public transit, and provides the Authority with the means to effectively manage the bonding authority granted by State law. The use of this authority Would not be used automatically or arbitrarily. It would, in fact, require the approval of the RTA Board whichr due to the composure, could be expected to exercise discretion in applyin: its use. The report has also raised the I 120  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 noncompetikive bid limit from five thousand to ten thousand. An lnflation fraction has been applied to this limit since the passage of the RTA Act. The original five thausand threshold would now be about ten thousand. Also: many vendors find it uneconomical to bid on eontracts of less than ten thousand because ( of the time and exposure of preparinq the paperwork. The CTA Acts already incorporate this limitz and it is only a matter of simple equity that the same bid limits be accorded the RTA, METRA and PACE . I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any dlscussion? Tbe question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1016. All in favorz vote Aye. Al1 opposed, vote Nay. The voting is open. Have all voted who wish? Have al1 voted who Wish? Thank you. Please take the record. On this question, there are 55 Ayes, no Nays, l reeorded as Present. And the Senate does adopt the Conference Committee Report on Senate Bill 1016. This bill, having received the constitutional majorityy is hereby declared passed. 1634 <sic> (1364). Senator Joyee. Senate Bill 1634, the Ccnference Commit*ee Report. Read the report, Madam Secretary.

First Conference Committee Report on Senate Bill 1364.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Kankakeez Senator Joyce. SENATOR J.J. JOYCEr Thank you, Mr. President. 1364 is noW the ethanol bill, the compromise that we have reached With a11 parties concerned. is after much wailing and gnashing of teeth and all kinds of debate, we have come to an agreement. The Parm Bureau supports, the corn growers support, the ethanol producers support, the oil produeers have withdrawn their opposition. To explain in the calendar 121  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSPRIPT 55th Legislative Day June 30, 1991 year -- well, first of all, the ethanol producers have to meet certain goals to be eligible for the tax incentive they :et currently. 1992, goes -- it's at 275 -- 2.75; '93, 3. -- okay. And -- you're confusing me here.

PRESIDING OFPICER: (SENATOR LECHOWTCZ) Any discussion?

Anyway, here's a statement of intent for ehe purpose of clarification, legiilative intent. ''Nothing in Conference Committee Report No. l of Senate Bill 1364 constitutes any type of mandate requiring any distributor of motor fuel to offer for sale a mixture of gasoline and ethanole eommonly known as gasohol. As is: the Illinois Petroleum Council no longer opposes and a1l opposition is removed. Signed, David Sykuta.'' I'd be happy to answer any questions or have a roll eall.

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

Thank you. Mr. President. May I ask the sponsor a questiony please?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates be'll yield.

Senator Joyce, you said that the oil producers have Withdrawn any opposition. could you tell me why?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

Well, there's probably a couple of reasons. Pirst reason, after much negotiation, I think that they could see the handwriting on the wall, and also We have made several l22  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislatkve Day June 30, 1991 concessions. It is not a mandate now, as I just read that statemenk of legislative intent. sets goals that the ethanol producers must neet to gain the tax incentive that they get, and the petroleum people have withdrawn their opposition.

PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Karpiel.

Could you tell me, what is the year by which these goals have to be achieved under the bill as - the Conference Committee Report?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Joyce.

Al1 risht. 1992, they're at 2.75. That's current. ,93/3.07 '94/3.27 and then in 1995 it goes to 4: and '96/4.67 and then '97 it Would be 5. That would be one-half.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Savickas.

Yes, Mr. President, to the billz and I guess a question of the sponsor.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Indieates he'll yield.

Webre talking about a gasohol exemption, obviously, with these prices two cents a gallon and then it goes up . What does thls cost the State in revenue?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Joyce.

The State currently, with ehe incentive that is one it's twenty-one million; costs locals five million. The gain that is 123  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legkslatkve Day June 30, 1991 brought in from sales and people employed and so forth is between thirty million and sixty million.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Savickas.

No, I guess what I'm -- W1th the incentive, what does it cost us? Are you telling me it eosts the State tWenty-one million dollars? What does the State lose by giving this rebate?

FRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyee.

This is currently. This has been since 1990. It's just the same practice. Youfre actually not losing anything. This is what is currently the 1aW.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Savickas.

Well, I guess the question think We should a1l ask ourselves, that we're not losing and we're just extending'- this sounds like we're extending a tax break of twenty-one - maybe thirty-one - million dollars to this company. And if Wedre not reeouping at least that in some other taxes or some other source of revenue, then why would we continue to proceed With this exemption when we need this money? Soe is this bringing in more - - more tax money than We are expending, I guess the final question ise and I uould like to base my support on that answer.

PRESIDING OFFICER: (SENATOR LECHOWTCZ) Senator Joyce.

Thank you. will read from this: ''Given the nine hundred: ninety-four million dollars worth of economie activityy it is estimated that the resulting tax revenue is between 29.8 million l24  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 and 59.6 million to the State of Illinois.'' PRESIDING OFFICER; (SENATOR LECHOWICZ) Could We have your attenkion, please? The noise level is rather loud here. The Gentleman from Edgary Senator Woodyard.

Thank you -- Tbank you, Mr. President and Members of the Senate. rise in support of the Conference Committee on 1364. And in answer to the eeonomic impact, Senator Joyce is exactly correct. As long as this incentive or subsidy is there and the goals are met, the State is not eapturing about twenty-one million dollars. But as nearly as we can tell, with the jobs created in the ethanol industry, nearly five thousand of those jobs with an additional six thousand farmers involved with providing the corn and so on for the ethanol industryr it's estimated that that brings into the State approximately sixty million dollars. So it's a pretty darn good tradeoff for us, and it certainly will move us more in the area of the Clean Air Aet, in eompliance. And I -- and Senator Joyce, I really want to congratulate and commend you. don't -- I .-don't think I 'could have put up with what you've gone through in Ebe past few Weeks in putting these various diverse groups together. Xou did a Whale of a job, and encourage support for this.

PRESIDING OFPTCER: (SENATOR LECHOWICZ) Any further discussion? Gentleman from Cookz Senator DeAngells. SENATOR DeANGELIS: Thank youy Mr. President. Couple questions of the sponsor.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he 'll yleld.

Senator Joyce, is the Department of Transportation in favor of this bill?  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30e 1991

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

They haven 't come to me. I bave no idea if they dre in favor or not.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENKTOR DeKNGELIS: Is the Department of Revenue in favor of this bill?

Senator Joyce.

I have no idea.

Senator DeAnqelis. SENATOR DeANGELIS: Well, it would appear from the discussion that everybody 's in favor of this bkll, but I do believe there are some opponents to PRESIDENT ROCK; Purther discussion? Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, very briefly - this is a good bill. It's a step in the right direction. Ethanol alcohol, for heaven's sakes, you ean make out of garbage, so you can get rid of landfills. Let's encourage this bill. I vote for it.

Senator Joyce, to close.

Thank you, Mr. President. It would be of great beneflt, believe, for the State of Illinots, and Ifd ask for your favorable l26  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislatkve Day June 30, 1991 consideration.

Question is, shall the Senate adopt the Conference Committee Report on House -- Senate Bill 1364. Those in favor will vote Aye. Opposed vote Nay. And the voting ls open. Have all voted who wish? Have all voted Who wish? Have a1l voted Who wish? Take the record. On that question, there are 44 Ayesy 11 Nays, voting Present. The Senabe does adopt the Conference Committee Report on Senate Bill 1364. And the bill, having received the required constitutional majority, is declared passed. On the Order of Conference Committee Reports: Supplemental Senate Calendar Nc. ly is Senate Bill 1451. Madam Secretary, please.

First Conference Committee Report on Senate Bi1l 1451.

Senator Severns.

Thank you, Mr. President, Members of the Senate. This CE the same bill that...

Can we keep the noise level doWn to a mild roar? Thank you. Senator Severns.

This bill affects the City of Springfield and the County of Sangamon only. The amendment that we've concurred ln removed Peoria and Peoria County. It, in essence, says since Springfield is paying the bulk of the cost for 9-1-1, they should also be included on the 9-1-1 Board. Mayor Langfelder Would not be here with this bill, except that they 've not provided him the ability to make any kind of appointments on the Board. This bill would give him that opportunity. In fact: sinee they pay the majority of the costs, give a one-vote margin. I would urqe adoption ot 127  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TPANSCRIPT 55th Legislative Day June 30, 1991 this bill. 1111 be happy to answer any questions.

Diseussion on the Conference Committee Report? Senator Davkdson.

Mr. President and Members of the Senate, we debated this bill a couple of days ago. It hasn't got any better. This is stricely a territorial fight between the Mayor and the Sheriff. 9-1-1 is in place. It 's in the County Building. It's been under the Sheriff's Office since its inception - something like four or five years now. This Would come about -- if this Would become law, you are saying to those people of Sangamon County who live in Springfield, who are represented on the County Board by elected people from the City of Sprlngfield, they don't have any jurisdiation. Nowe that's a lot of hogwash. The people from Sangamon County who are on the County Board make up the majority of the County Board. There is nine people on that Advlsory Committee from a11 parts of the County. The City of Springfield or the .people residing in Springfield are well representedu-' This is a smokescreen and this is strictly a territorial, jurisdietional fight that the Mayor has suddenly decided he kants to try to take control of something which he hasn't any right to do. I urse al1 of you to vote No.. It didn't pass the other day . 1* should not pass tonight. urge everyone to vote No.

Further discussion? Senator Severns, to close.

Thank you, Mr. President, Members of the Senate. It's simply a matter of equity here, and this bill wouldn't be in the Legislature except for the fact that that equity has not been provided. It's not the first territorial fight that has been discussed in this Body. It will not be the last. The simple l28  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30y 1991 reality isy the City of Springfield and County of Sangamon has a - - has an excellent 9-1-1 system, except for the fact that the County has decided to exclude the City in representation on the Board. The City picks up the bulk of the bill. They ought to have representation on the Board. That's the intent of this bill. And I would urge a favorable vote.

Question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1451. Those in favor will voke Aye. Opposed, vote Nay. And the voting is open. Have a1l voted who wish? Have al1 voted who wish? Rave a1l voted Who wish? Have all voted who wish? Take the record. On that question, there are 31 Ayes, 26 Nays, none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1451. And the billy having received the required constitutional majorityr is declared passed. Senator Davidson, for what purpose do you arise: sir?

Verification.of the Aye votes.

That request is in order. Senator Davidson has requested a verification. Will the Members please be in their seats? Madam Secretary, please read the affirmative roll.

The following Members voted in the affirmative: Alexander, Berman, Brookins, Carroll, Collins, Cullerton, Daley, D 'Arco, del Valle, Demuzio, Thomas Dunn, Hall, Holmberg, Jacobs, Jones, J.E. Joyce, J.J. Joyce, Kellyy Lechowicz, Leverenz, Lufts Marovitz, O 'Daniel, Palmer, Rea, Savickas, Severns, Smith, Vadalabene, Weleh and Mr. President.

Senatar Davidson, you question the presence of any Member? l29  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 3Q, 1991

Senator Collins.

Senator Collins on the Ploorz Seated in front of you , Doe.

Senator D 'Arco.

Senator D 'Arco is in the Chamber.

Senator Berman.

Senator Berman on the Floor? Senator Berman on the Floor? Yes, Senator Berman is in the Chamber.

Senator Marovitz. PRESTDENT ROCE) Senator Marovitz is the Chamber, in the back in the well. All right. The roll's been verified. On that question, there are 31 Ayes, 26 Naysy none 'voting Present. Senate does adopt the Conference Committee Report on Senate Bill 1451. And the bill, having received the required constitutional majority, is declared passed. Al1 right. Ladies and Centlemen, moving right along, we're on Supplemental No. 2. Xes. .. . tmachine cutofflo..would call attention to the Members: Supplemental Calendar No. 2, so that the Members are prepared and the Members ean find the conference committee reports. The paper's starting to build up. Senators Mahar, Marovitz, Kelly, Smith, Savickas: Berman, Jacobs, Demuzio, Cullerton and Berman. END 0F TAPE  STATE OF ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 TAPE 4

Senator Mahary are you ready to go? A1l right. Ladies and Gentlemen, we are on Supplemental Calendar No. 2. I'd ask you to please keep the noise down, so that the Members can address their proposal. The Conference Committee Report on House Bill 516, Madam Secretary.

First Conference Committee Report on House Bill 516.

Senator Mahar.

Thank you, Mr. President and Members. The original portion of 5l6 remains the same, and that was to create a local tax reimbursement fund. The House sponsor has added two provisions: first, that no taxing district may maintain an excess balance in any fund which exceeds two hundred percent of the annual average of the prior three years' expenditures from that fund; and secondly. that any taxing district may maintain a minimal allowable unreserved fund balance of no more than a hundred and ten percent of the annual average of the prior three yearsf expendltures from that fund. I am told this language was drafted by the Taxpayers' Federation of Illinois and Comptroller Netsch, and I would answer apy questions, or move its adoption. PRESIDENT ROCKJ Discussion? Any discussion? Can I ask the Governor's liaison to move the conferences off the Ploor? We've trying to afford the Members an opportunity to be heard. Senator Butler.

Thank you, Mr. President. A parliamentary inquiry, please.

l31  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 state your inquiry.

Does this bill preempt home rule?

Senator Mahar.

Yes, it does.

Senator Butler.

Then it is my understanding we need an extraordinary total.

That is correct.

Thank you.

Senator Mahar.

Mr. President, was just advised by Senator Luft that Chicago is -- apparently has some concerns about the bill, so I will pull it from the record.

Senator Luft is speaking for Chicago - that's good, I like that. right. Hey, listen. 1'11 tell you what didnlt think the lines kent that far, but I didndt -- maybe -- you know . 1007. Senator Marovitz. 1024. Senator Kelly. Madam Secretary, on the Order of Conference Committee Reports is House Bill 1024.

First Conference Commitkee Report on House Bill 1024.

Senator Kelly.

132  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Thank you, Mr. President and Members of the Senate. move to concur in Conference Committee Report No. l on House Bill 1024. The bill initially required students to be employed at least thirty-five hours a week by an entity located -- by a business located within the district in order to be eligible for an out-of-district tuition waiver. The Senate amendment, which was offered by Senator Carroll and Senator Butler, allows that this would also apply to contract students under contracts. And that's about it, and Ifd move for concurrence. PRESIDENT ROCK; Discussion? Any discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on House Bill 1024. Those in favor: voee Aye. Opposedy vote Nay. The voting 's open. Have a11 voted who wish? All voted Who Wish? Hake all voted who wish? Take the record. On that question, ehere are 53 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 1024, and the bill: havin: received the required constitutional majority, is declared passed. 1128. Senator Smith. ..Madam Secretary, please.

First Conference Committee Report on House Bill 1128.

Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1128, from conference committee, concurs with Senate Amendment No. It is a technical amendment which corrects drafting errors. The House concurred in Senate Amendment No. l and the bill is further amended to declare that the presence of a controlled substanee in the blood or urine of a newborn infant during birth is not admissible as evidence in any criminal prosecution of the mother for an offense against the person of the l33  STATE 0P ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 newborn infant. Deletes the provislon of the bill which amends the Abused and Neglected Child Reporting Act to address the issue of temporary proeective custody of a newborn infant solely for the reason that the infant's blood or urine contain amounts of a controlled substance, and a prohlbition against certain personnel from giving evidence to any 1aw enforcement personnel that a newborn infant has been consldered neglected because of the existence of a controlled substance in the infant's blood or urine. I ask for your approval, please.

PRESIDING QFFICER: (SENATOR DEMUZIO) Discussion? Senator Barkhausen.

A question of *he sponsor, Mr. President.

PRESIDING OFPICER: (SENATOR DEMUZIO) Indicates she will yield. Senator Barkhausen.

I thank you. Senator Smith. wby are we proposing to take this step?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Smith.

The main purpose, Senator Barkhausen, on this is that we Want to treat this as a health a1d and cure to the person rather than a criminal offense. PRESIDTNG OFFICER) (SENATOR DEMUZIO) Senator Barkhausen.

Well, Mr. President, that may in fact be the proper approach: but Tfm not sure as a matter of public poliey why a prosecutor shouldz in every case - particularly in the most extreme kinds of circumstances why why a prosecutor should neeessarily be precluded under a11 circumstances from prosecuting a -- a mother l34  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 who goes to extremes to abuse a newborn infant. In those situations, Senator Smith, why -- why do we uant to do this?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

We want to keep the mother from going underground, so that she will get protection; otherwise, she would never come into a hospital, she would never come to a doctor. What we want to do - that when she is affeeted, she is affected, that when -- she will feel free to come into the hospital and receive care cure that addiction is not a crime - it's a sickness with a person. And we want to heal them so that they can go home and take care of their babies; that's why we want to do this. If we aan :et to them and help them and cure them of their disease, then we Will have more tax-paying citizens in the future.

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

Well, Senator Smith, have no argument against? trying to -- trying to treat and cure people of -- of their habit. Can you tell me I/m only aware of the publicity which was fairly widespread over the prosecutlon of a mother out Rockford. Are you aware otherwise Whether prosecutions of mathers under these circumstances is has been commonplaee?

PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Snith.

Senator Barkhausen. That's not a -- a general run of persons' actions. That was just one isolated case.

PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Barkhausen.

l35  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 But is this Conference Commlttee Report that we dre seeing now is it in response to that case out in Rockford, or have there been numerous prosecutions for this type of offense? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith. SENATOR SMITH: No, it is not. As a result of this legislation: we hope that we will be able to go full swing in helping mothers who are addicted by giving them the proper care. PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? There's about eight lights on. Senator Barkhausen. SENATOR BARKHAUSEN: Well, just very quickly to the billz Mr. Presidente without passing judgment as to whether in certain situations, mothers ought to be subject to prosecution for extreme abuse of unborn or newborn infants as a result of overindulgence or -- in drugs or perhaps even in alcohol. I just question khether -- Whether We should be limiting completely. prosecutorial discretion in this way. And under these circumstances and at this hourr I -- I think that the proper vote on this Conference Committee Report is a No vote. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Kelly. SENATOR KELLY: Thank you, Mr. President. PRESIDING OFFICER: (SENATOR DEMUZIO) Pardon me. Pardon me. Senator del Valle. Senator Eelly. SENATOR KELLY: Thank you, Mr. President. A couple of years ago - Well, last year, I believe it Was was asked to introduce legislation to prosecute mothers who are of addicted babies, cocaine babies, and 136 k  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30y 1991 I don't know - I just didnlt feel right about didn't think that was what should be done. And I guess don't feel like giving taking away the right to allow evidence, in effect, to prosecute a mother who is a mother of a cocaine baby who's an addict. And I -- I really don't think that -- that we need a laW to -- to do this. Society, in general, thinks We should be dokng something to stop addictions and certainly mothers who are having addicted babies, and seems like we shouldn't do this - at least in my opinion at this time - and I will vote against this.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

Take it out of the record, please.

PRESIDING OPFICER: (SENATOR DEMDZIO) Take it out of the record. House Bill 2149. Senator Savlckas. I'm sorry. Senator 5m1th. Senator Smith.

Yes, I'd like to run the -- the piece of legislation. Please, slr.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Smith, I've taken it out -- I've taken it out of the record.

No. Please, sir. No. Please. Please.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further -- all right. House Bill 1128. Read the bill, Madam Secretary.

First Conferenee Committee Report on House Bill 1128.

PRESIDING OPFICER: (SENATOR DEMUZIO) Al1 right. Purther discussion? Senator Topinka.

l37  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATZ TRANSCRIPT 55th Legislative Day June 30, :991 Well' Mr. President and Ladies and Gentlemen of the Senate , appreciate what -- wha: Senator Smith is trying to do# and T know that she and her staff and everybody else has been Working on this quite a bit, but it would seem that - and maybe Senator Smith can enlighten me on this - that although ke are trying to help the mother as much as we can: welre still allowing neglect to go on in terms of the newborn child. And if tbis indeed does that' neglecE is neglect is negleet, under any and a1l circumstances. Could you assure me tiat this bill would somehoW prevent neglect from oacurring and that this child would now find some other recourse?

PRESIDING OPFICER: (SENATOR DEMDZIO) Senator Smith.

Like to refer my statement to Senator D'Arco, please.

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

Hello. Mr. President, this has nothing do to with filing a neglect petition or a child abuse petition. If this mother ls neglectful, then khe DCES can petikion the court to remove this child from the mother's custody. this mother is abusing this child, DCFS ean petition the court under a child abuse petition. That's not the issue we're talking about. That's not what this is all about. What wedre saying is: we have a mother who is addicted to drugs and the baby, unfortunately, winds up in a bad situation because of the mother's addiction. What we want to do with these mothers is get them into prenatal care, so thae they can be weaned off of drugs and when the baby is born we have a healthy, viable child that can be nurtured into a productive citkzen in our society. If we tell the mother, 'llf youdre on drugs and you have a baby, we 're going to prosecute you for voluntary manslaughter or delivery of drugs to a minor, through the umbilical cordzd' we are l38  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 55th Legislative Day June 30, 1991 sending that mother the Wrong message and she will not go in for prenatal care to try to help produce a child that doesn't have any symptoms of addiction. Thatfs What this is a11 about. In Florida, the State's Attorney prosecuted a mother and the mother was convicted was convicted - of involuntary manslaughter: and it Was upheld on appeal. NoW how, in God's name, the requisite intent for involuntary manslauqhter could exist in this type of situation is beyond reason. And We Want to prevent that from happening in Illinois.

PRESIDTNG OFFTCER: (BENATOR DEMUZTO) A11 right. Senator D 'Arco, can you bring your remarks to a close?

I think I just did.

PRESIDING OFFICER: (SENATOR DEMUZIO) Good . Thanks. Further discussion? Senator Raica.

First of all, Mr. President, a question. The last couple of days we blew a bill or someone took it out of the record, we had to go to Motions in Writing, and Wedre changing that now. Is that going to be the main thing for the next couple hours?

PRESIDING OFFICER: (SENATOR DEMUZIO) No. No. Not on -- not When We take them out of the record.

Okay. Then I guess I have a question of the sponsory may.

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates she will yield. Senator Raica.

Thank you, Mr. President. Senator Smith, can you tell me, do you have any statistics to show how many mothers that have delivered cocaine babies... 139  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991

PRESIDING OFFICZR: (SENATOR DEMUZIO) Senator Smith.

Wait. I'm not through -- delivered coeaine babies, actually go back to using cocaine after the baby is delivered?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smkth.

I do not have that -- no.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica.

Senator Smithv can you tell me - the mothers that are afforded the opportunity now to be weaned off the cocaine, how many of these mothers actually Mo through the program versus how many of those that don't return to the program?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

As far as I can understand, and from my visit to Maryville, of the -- a good deal of the mothers who are addicted are -- and have introduced themselves into the program, they are still the majority of them - are still a part of the program.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Jeremiah Joyce. Senator Savickas.

Yes. Mr. Presidenty my question would be of Senator D 'Arco .

PRESIDING OFFICER: (SENATOR DEMUZTO) Indieates he will yield. Senator Savickas.

Senator, you kndicated that in Florida a woman got convicted l40  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 55th Legislative Day June 30, 1991 of manslaughter because the baby died -- because the baby dled from her using of drugs?

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

Yes: that's true.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Savickas.

And this bill Would prohibit prosecutlng ehae woman or any woman that uses drugs and the baby dies from that?

PRESIDING OFPICER: (SENATOR DEMUZTO) Senator D'Arco. SENATOR D IARPO) What the bill says is that you candty in -- in a prosecution of a woman for involuntary manslauqhter or possession of a controlled substance - I mean delivery of a controlled substance to a minor - you can't introduce as evidence the toxicology test that is conducted 'won the infant when it ls born. That's not prohibiting a prosecutor from prosecuting somebody for this particular offense. In my opinionz there's nothing in the Statute that addresses this kind of conduct today. And the prosecutors are trying to pkgeonhole tbis kknd of eonduct knto a Statute that is not designed for it. And we're telling the prosecutor, don't indict these Women. We've got to try to help them 9et off of drugs. Indicting them lsn't qoing to solve their problem.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Senator Fawell. All right. Senator Savickas.

I guess that's the dilemma I'm in. I agree with the concept of What youdre saying, I -- and guess from what youdve just l4l  GTATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 said: that they can still prosecute in this type of situation. Where the baby is born dead, they can 't prosecute that mother. This would protect those mothers from criminal prosecution of -- if the babies are alive or -- and there's no problem, they would not have this criminal problem. But in those other cases, even With this bill, that mother can be prosecuted for the death of that child. Is that -- is that what I'm getting at, quess.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator D'Arco.

No. We're not saying that the prosecutor can't prosecute the mother. I mean, if they want to, they can still proseeute the mother. They can't use -- the presenee of a controlled substance of urine or -- in the baby is not admissible as evidence. In other Words, they do a test on the lnfant to determine if there's a controlled substance in the -- in the infant. And that evidence can't be admissible in a prosecution. We're trying to say to the prosecutor that's not the arena to solve this problem . The arena is prenatal care foi the mother in order to try to wean her off of this addiction, unfortunately.

PRESIDING OPFICER: (SENATOR DEMUZIO) A11 right. Purther discussion? Senator Fawell.

Thank you very much, Mr. President. Last year, or maybe Was the year before, my State's Attorney came to me and had a bill that indeed said that if a mother was addicted to cocaine : that the state's attorney had the right to go in and take that ahild away until such time as that mother was proven that she was no longer addicted. He came to me with that bill because we had a very tragic situation that happened , where a women Who waE addicted to cocaine came home With a child and was free-basing and was, frankly, out of her mind, and accidentally caught the crib on l42  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 fire and didn't even realize the ehild was in it. Now I understand what you are trying to do, Senator Smith, by making sure that these Women are not prosecuted, and that's the reason he said in his bille ''Don't prosecute these womeno'' But youdve also got in thls bill that the laW enforcement agencies don't have the right to even know... They do now have the right to know? And they do have the right to take the child? So all youdre talking about is just not prosecuting. The rest of is out?

PRESIDINC OFFICER: (SENATOR DEMUZIO) Al1 right. Further discussion? If not, Senator Smith may close.

Thank you. Thank you...

PRESIDING OFFICER: (SENATOR DEMUZIO) I beq your pardon. Oh, beg your pardon.

Thank you, Mr. President, and...

PRESIDINC OFFICER: (SENATOR DEMUZIO) beg your pardon, Senator Smitb.-.Senator Macdonald had her light on. Senator Macdonald.

Question of the sponsor. PRESIDING OPFICER; (SENATOR DEMUZIO) Indicates she will yield. Senator Macdonald.

Senator Smith, you men*ioned Maryvllle in your debate. Father Smythe is doin: some very remarkable work with cocaine babies. Do they have they provided you with any statistics about the care of cocaine mothers and babies?

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Smith. SENATQR SMITH; 143  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 The last time I uas there, may have received some statistics, but has been quite some time, and I may not remember that now, but I do know that the report that he gave to us in general - ie was favorable; that the mothers -- that they are working With the mothers. They have women who are -- are korking there, that brings these women in# and they work with them every day. And the report seems favorable.

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Senator Macdonald .

Thank you, Mr. President. There are a number of people who are volunteers from my dtstrict that do a great deal of work with Father Smythe and 'cocaine babies. And as Senator D'Arco has explained the bill: alonq With Senator Smith, I think that I would rise in support of this bill and ask for your approval of -- of final concurrence with this particular Conference Committee Report.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith may close.

Thank you. merely say, please, a favorable vote.

PRESIDING OFFICER: (SENATOR DEMDZIO) Al1 right. Question is, shall the Senate adopt the Pirst Conference Committee Report on House Bill 1128. Those in favor will vote Aye. Those opposed, Nay. 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 record. On that queseion, the Ayes are 22, the Nays are 33, none voting Present. The Senate does not adopt the Pirst Conference Committee Report. Senator Smith. Postponed Consideration. House Bill 2149. senator savickas. I'm sorry, Senator Smith.

144  STATE OF ILLINOIS . ' 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30# 1991 Second Conference Committee, please. PRESIDING OFFICER: (SENATOR DEMUZIO) Which is itr you want to postpone, or Second Conference? SENATOR SMITH: No , sir. I would like to have a Second Conference Committee. PRESIDING OFFICER: (SENATOR DEMUZIO) 1 A1l right. Al1 right. Second Conference Committee; the motion failed. House Bill 2149. Senator Savickas. Madam Secretary: House Bill 2149. SECRETARY HAWKER: First Conference Committee Report on House Bill 2149. PRESIDING OFFICER: (SENATOR DEMOZIO) Senator Savickas. SENATOR SAVICKAS: Yes. Mr. President and Members of the Senate, basically House . Bill 2149, and the Senate amendment, would change the State Mandates Board of Appeals to the State Xandates Board of Review to hear the appeals from local governments, and it permits the Board to request the Legislative Audit Commission to direct the Auditor General to audit the records. The agency responsible for distributing those funds shall direct -- control -- disburse the funds subject ta available appropriation. And the amendment -- would mandate the Board of Review would be controlled by the Governor, with three of five appointments; the other two are by the Comptroller, and al1 appointments would require the advice and consent of the Senate. And funds dlsbursed for mandates are subject to available appropriatlon. I would move your coneurrence with this Committee Report. PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Discussion? If not, the question is, shall the Senate adopt the First Conference Commlttee Report on House Bill 2149. Those in favor will vote Aye. Tbose opposed, Nay. The 145 I I I I  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANGCRIPT 55th Legislative Day June 30, 1991 voting is open. Have a11 voted who wksh? Have a11 voted Who wish? Have al1 voted Who wish? Take the record . On that question, the Ayes are 58, the Nays are 1: 1 votlng Presene. The Senate does adopt the First Conference Committee Report on House Bill 2149, and the bill, having received the required constitutional majority, is declared passed. House Bill 2208. Senator Berman. House Bill 2417. Senator Jacobs. House Bill 2417, Madam Secretary.

Flrst Conference Committee Report on House Bill 2417.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

Thank you, Mr. President and Members of the Senate. I ask for adoption of Conference Committee Report on House Bill 2417. This bill directs that the municipal utility tax be collected from coin telephone revenues, and addresses the problems resulting from a recent court decision that said the previous method of collection was not proper. When this bill came before the the House over there? there Was some objections in regards to maintaining for two years a subsidy of coin phone taxes by residents. That's been eleared up. And the Attorney General's Office had some problems. That's been cleared up. The coin operators: Independent Coin Phone Association: had some problems. They 're now neutral. The City of Chicago supports the bill. I ask for your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discusston? If not, the question is, shall the Eenate adope the First -- Ilm sorry, the Second fsic> Conference Committee Report on House Bill 2417. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who Wish? Have a11 voted Who Wish? Have a11 voted who wish? Take ehe record. On that question. the Ayes are the Nays are 4 voting l46  STATE 0F ILLTNOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 55th Legislatkve Day June 30v 1991 Present. The Senate does adopt the First -- I'm sorryy the Second dsic> Conference Committee Report on House Bill 2417. and the bill, having received the required constitutional majority, is declared passed. Is there leave to come back to 325? Leave is granted. Senate Bill 678. Senator Cullerton. Madam Secretary: 6-7-8. Read the bill.

rirst Conference Committee Report on Senate Bill 6-7-8.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.

Thank you, Mr. President and Members of the Senate . I move that we adopt the First Conference Committee Report on Senate Bkll 678. Has two things: the flrst part is the same language that was contained in Senate Bill 461, which passed the Senate . And the second part of this Conference Committee is some languaqe dealing with the water reclamation district Wieh regard to determining the responsibility of any bidder, what the purchasing agent may take into aecount, and it csimply adds that they can take into account whether the equipment or material is manufactured in the United Seakes. It's not very strong, but it's -- was requested by the water reclamation district, and for that reasony I think tt's okay, and happy to answer any questions, and move for its adoption.

PRESIDING OPFICER: (SENATOR DEMUZIO) Discussion? Discussion? Senator Pawell. SENATOR FAWELL; Thank -- thank you very much. I think if -- if you will note on thc back of this Conference Report, there is not one single Republican that has signed We discussed this bill in eaucus; those of us on this side remember, we were talking about it. It does include that the Metropolitan Sanitary Distriet should be  STATE 0F ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislatkze Day June 30, 1991 looking at equipment or material that is manufactured in tbe United States. It also gives a salary inerease from twelve thousand five hundred dollars to fifteen thousand dollars to the trustees, and it also gives a seventeen thousand five hundred dollar salary increase to the chairman. I don't think this is a good idea at this point, when a11 the governments are -- are obviously in trouble. We don't know how much of the surtax we lre going to be able to give the local governments. I would strongly suggest that we vote No.

You'll have an opportunity to close. Further discussion? Senator Cullerton, to close.

Yes. In all due respeet, Representative Fawell, I think that you are talking, first of all. about two different bills. Senator Fawell, I1m sure you did not talk about this bill in your conferenee -- kn your caucus. think you might be talking about the buy-America, or buy-lllinois bill. This is not it. This is language that says if youdre a purehasing agent, you ought to take into aceount the fact that the equipment is manufactured in the United States. Okay? And With regard to What you deseribed as a salary increase a seventeen-thousand-dollar salary increase - that's not true; that this is simply a -- an increase in the -- What could be the salary from fifteen thousand to seventeen thousand five hundred, and I would remind you this language already passed on Senate Bill 461. with a vote of 50 to 9. So I suggest that you are probably talking about a different billy and I Would urge an Aye vote.

A1l right. Question is, shall the Senate adopt the Conference Committee Report on Senate Bill 678. Those in favor, vote Aye. Opposed, vote Nayz and the voting is open. Have all voted who l48  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislatkve Day June 30, 1991 wish? Have al1 voted kho kish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 35 Ayes, 22 Nays, none voting Present. The Senate does adopt the Conference Committee Report an Senate Bill 678, and the bill, having received the required eonstitutional majority: is declared passed. Senator Berman, we skipped 2208. Madam Secretary, if we could revert to House Dill 2208, please. 2208, Madam Secretary.

Pirst Conference Committee Report on House Bill 2208.

Senator Berman.

Thank you, Mr. President. The House voted down this Pirst Conference Committee Report. What is the -- appropriate motion here?

The question has to be put - shall the Senate adopt. The appropriate motion: I suspect, is to ask a11 your friends and collqagues to vote No and go to a Second Conference Committee.

Well, I've got a 1ot of colleagues. I'm not sure how many friends tonight. So al1 right, I move that we accept the Conference Committee Report on -- No. 1 on House Bill 2208, and my friends vote No.

A1l right. Question is, shall the Senate adopt the Conference Committee Repork on House Bill 2208. This is the only chance to vote the Way Senator Berman asks you to vote . Those in favor, vote Aye. Opposed, vote Nay. And the voting is open. All voted who wish? Have all voted Who wish? Take the record. On that question, there are 5 Ayes, and 40 Nays. The Conference Committee Report is not adopted, and the Secretary shall so lnform the 149  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th LegkslatkNe Day June 30, 1991 House. And Senator Berman requesks the appointment of a Second Conference Committee. Senator Demuzio, on 3-2-5. Madam Secretary, Senate Bill 325, on the Order of Conference Committee Reports.

First Conference Committee Report on Senate Bill 3-2-5.

Senator Demuzio. SENATOR DEMUZIO) Thank you, Mr. Presidentz Ladies and Gentlemen of the Senate. Senate Bkll 325 was the bill for the -- oh: let's see -- land surveyors. This now is an agreement between the surveyors, Chkcago Tktle and Trust, Lincoln Land Tàtle and Trust, and I know of no opposition.

Discusslon? Is there any discussion? not, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 325. Those in favor, vote Aye. Opposedz vote Nay z and the votin: is open. Al1 voted Who Wish? Have alk voted Who wish? Have a11 .voted .Who wish? Take the record. On that question, there are 54 Ayes, l Nay, none voting Present . The Senate does adopt the Conference Committee Report on Senate Bill 325. The bill, having received the required constitutional majority, is declared passed. 7-2-8, on the bottom of Supplemental No. 2. Senator Berman. Madam Secretary, please.

First Conference Committee Report on Senate Bill 7-2-8.

Senator Berman.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. move that we adopt Conference Committee Report No. on Senate Bill 7-2-8. This is a bill that the corporate trustees and other 150  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 interested investment groups have been Working on since we passed the original bill, and this Conference Committee Report represents an agreement between a1l of the interested partiesy including the Commissioner of Banks and Trust Companies. What we do is adopt the prudent investor rule, but we strengthen the interests of the beneficiaries by providing that certain obligations and certain functians are nondelegable. What that means in plain kanguage is that the trustee is still responsible for making the investment decisions to safeguard the assets of the trust and the estate. 1111 be glad to respond to any questions, and solicit your Aye vote.

Discussion? Senator Keats. SENATOR KEATS) Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a fine piece of legislation. You notice a11 the conferees have signed it. It haà gone through the House and Senate Financial Institutions Committee. did want to ask the sponsor, though, one question, just for intent.

Sponsor indicates he will yield, Senator Keats.

Senator Berman, as we read the Conference Committee Report, it states khat the trustee can delegate investment functions to an investment agent. Does this mean that the investment agent makes an investment that the beneficiary disputes, that the trustee if off the hook?

Sena*or Berman.

No, Senator Keats. ln Section 5.1 it states that the trustee may never delegate to others the performances -- the performance 15l  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 of any acts involving the exercise of judgment and diseretion. The only thing that the trustee would delegate to the investmenk agent would be the aet of investment funetions. Thus the trustee is always responsible for prudent management of the beneficiary's estate or trust.

Further discussion? If not, the question is, shall the Senate adopt khe Conference Committee Report on Senate Bill 728. Those in favor will vote Aye. Opposed, vote Nay: and the voting is open. Have a11 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes. no Nays, none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 728, and the bill, having received the required constitutional majority, is declared passed. 1345 is being held at the request of the Chair. Supplemental Calendar No. 3. While the computer is beinq loaded and the fireworks are going off -- think the fireworks are announcing ny daughter just went to the hospital. I hope to be a Grandpa shortly, so 1.11 1et everybody know. Those who have conference committee reports on Supplemental No. wish you fd please be ready. Senator Lechowicz. Senator Rea. Senator Jones. Senator Leverenz. Senator O'Daniel. Senator DeAngells. Wedll be with you momentarily. Messages from the House.

A Messaqe from the Hou'se by Mr. O'Brien, Clerk. Mr. PresidenE I am directed ko lnform the genate that the House of Representatives has refused to recede from their Amendments 1 and 2 to a bill of the following title, to wit: Senate Bill 136. I am further directed to inform the Senate that the House of Representatives requests a Pirst Committee of Conference to consider the differences of tbe two Houses in regard to their 152  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30: 1991 amendments to the bill. Action taken by the House: June 28, 1991.

While we are waiting, the machine being properly loaded -- Senator Demuzio, for what purpose do you arise? Oaps. Al1 right. Senator Demuzio, for what purpose do you arise?

Thank youy Mr. President. Earlier today while I was presiding, on Paqe 15 of the regular Calendar, we had leave to eome back to Senate Bill 973 at some point. I thought maybe if this was the lull, maybe this might be the time to do it. I don't know.

A1l right. Without objection then, we Will move back ko the regular Calendar, on the Order of Secretary's Desk, Concurrence, ko take up Senate Bill 9-7-3. Madam Secretary, on the Order of Senate Bills, Concurrence. is Senate Bill 9-7-3, please.

House Amendments 1.and 3 to Senate Bill 9-7r3.

Senator Demuzio.

Well, thank you, Mr. President. House Bill -- Senate Bill 973 -- Amendment No. 1, put out by Senator <sic> Hanniq in the House, school boards would have -- school boards may approve adminiskrators who shall be the only persons Eo adminlster medications other than a school nurse: and no teachers or other school employees may administer medication. And Amendment No. 3 - - it says that teachers and nonadministrative employees, except eertified school nursese cannot be required to administer medication to students. School distriets may adopt policies for self-medication to students, and T would ask for your support. 153  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991

The Gentleman has moved concurrence with House Amendments and 3 to Senate Bill 9-7-3. Discussion? Senator Keats.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Just very briefly - there is substantial opposition to this bill Within the education community, and I'm just really for the yoment slowing things down for people to take a look at their Conference Committee Reports of Senate Bill 973. Although I know the sponsor's intentions are nothing but the best, I would say to you, gang, take a look - controversial. Many education people are very concerned with this bill, and this probably is an appropriate No vote.

Very noble. Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Vince, youfre learning more things every day. You watched who was on the Floor and decided to call this p:at little bill. There is opposition to it, and let me just -- first of all, could I have -- may I ask the sponsor a couple of questions? PRESIDENT R0CK: Sponsor indicates he will yield, Senator DeAngelis. SENATOR DeANGELIS: What happens if a school does not have a school nurse...

Senator Demuzio. SENATOR DeANGELIS: and khis bill is ln effect?

Well, they can contract with the nearest health department or someone who is quallfied to administer such medication. l54  STATE OF ILLINOIS 87th CENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991

Senator DeAngelis. SENATOR DeANGELIS: In the meantime, the child dies.

Senator Demuzio.

Or the sehool administrators. Te just says it shall not be required. If those wish to do it voluntarily, they may.

Senator DeAngelis. SENATOR DeANGELIS: I'm waiting for a copy of this bill, but if I remember correctly, this bill does not permit -- under no circumstances - under no cizcumstances - shall teachers or other nonadministratkve school employees, except certified school nurses, be required to administer medication to students. Now -- yeah. Now the other thing is that there has been in place - and I don't know why we are rushing this so-fast - I vbelievew a study to be eompleted very shortly on -- reporting back to us on this particular issue. In fact, if I'm not -- if I#à not mistaken, the IEA did back that study, and I don't know why a1l of a sudden We don't want to wait for tbe study, and we're iryin: to put into 1aw something that we agreed to study. The time has not come for thisz Senator Demuzio.

Further discusskon? Senator Topknka.

Just a question of the Sponsor. If -- kf...

And he indicates he ki1l yield, Senator Topinka.

Thank you. Tf a teacher Would wish, or had the option to give l55  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30: 1991 medication, could said teacher do that?

Senator -- Senator Demuzio.

Voluntarily, yes.

Further discussion? Further discussion? Senator Demuzio, to close. Senator DeAngelis, for the second time. SENATOR DeANGELIS: I'm sorry to be rising for the second time, but that teacher that teacher were to do itr or that administrator, they would be doing at their risk.

Senator Demuzio, to close.

Well, thank you very much, Mr. President, and you know -- I don't I don't think any unqualified person should be required to give medication or drugs to children in schools, unless on a voluntary basis. And I Would'ask for your support.

Question is# shall the Senate concur in House Amendments 1 and 3 to Senate Bill 973. Those in kavor, vote Aye. Opposed, vote Nay, and the voting is open. Have a1l voted who wish? Have all voted who wish? Have a1l voted Who Wish? Have all voted who Wish? Have a1l voted Who Wish? Take the record. On that questione there arè 34 Ayes, 20 Nays, none voting Present. The Senate does eoncur in Houye Amendments l and to Senate B111 973, and the bill, having received the required cons*ituttonal majority, is declared passed. A11 right. Ladies and Gentlemen, we revert now to Supplemental Calendar No. 3. Supplemental No . 3. On the Order of Conference Committee Reports, there is a report filed on House Bill 2, Madam Seeretary. 156  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991

Ekrst Conference Committee Report on House Bikl

Senator Lechowicz.

Thank you, Mr. Presidentr Ladies and Gentlemen of *he Senate . I move that the Senate do concur on this First Conference Committee Report. Basically, what they did is they amplified the language from the Department of Veterans' Affairs in making sure that there was no conflict between the commission that appear in their respective counties, and they also amplified the fact that the county board set the salaries of the commissioners of the veterans that -- that Work on the respective counties. That's the intent of the Conferenèe Committee Report, and I know of no objections to

Discussion? Any'discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on House Bi1l Those in favor will vote Aye. Opposedv-vote Nay, and the voting 1 is open. Have a11 voted Who wish? Have a11 voted Who wish? Have a11 voted who Wish? Take'the record. On that question, there are 57 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Commkttee Report on House Bill 2, and the bill, having received the required constitutional majority, is declared passed. 175. Senator Rea. Madam Secretary, please.

First Conference Committee Report on House Bil1 1-7-5.

Senator Rea.

Thank you, Mr. President. I Would move for the adoption of the Conferenee Committee Report. It does basieally two things. 157  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 55th Legkslative Day June 30, 1991 It kncreases the employee burial benefits, and extends by nine months the existence of the third panel within the Industrial Commission. The proposed increase in burial expenses from seventeen hundred and fifty to forty-two hundred is of particular concern to many, and Illinois is the sixth lowest in the country. The average cost of a funeral in Illinois is forty-two hundred. would move for adoption of this Report.

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

Thank you, Mr. President. I think it should be noted: Ladies and Gentlemen of tbe Senate, that the proposition you have before you right now is in violation of an understanding that we have felt we bave had with -- between business and management . NoW, the understanding was that unless these matters Were agreed upon by both parties - labor and manaqement - that they would not proceed -- they would not be proceeded With in this Chamber, and that's exactly what we' are doing here . We are, in effeet: scrapping the agreement that We thought we had with labor. Wedre not scrapping it, but apparently they are. As you know, for the past two months wedve been having -- or there has been taking place some summit meetings, and my understanding is that an impasse was reached last Thursday, I believe, or thereabouts, and labor walked out. I guess walked out on the meeting, but decided, in the meantime, to proceed With this measure. We feel that this is in violation of an understandlng that We a11 took very serkously, and I would reeommend to my colleagues EhaE you either vote No or vote Present on this measure. And I did -- and I might say, in closing, that I did have my name removed filed to have my name removed as a hyphenated co-sponsor on this bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Gentleman from Kaneg Senator l58  STATE OP TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Leqislative Day June 30, 1991 Friedland.

Thank -- thank you, Mr. President, Ladies and Gentlemen of the Senate. I concur With the remarks of Senator Hudson, as one of the conferees on this, that we should oppose ehis issue.

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

Thank you: Mr. President. must say that I may have a conflict of interest in this bill, but I will be voting my conscienee. But I do want to take this opportunity to compliment Senator Rea, and also Senator Weaver, for the work that they did in bringing this about.

PRESIDINC OFFICER: (SENATOR LECHOWICZ) The Gentleman from Cook, President Rock.

Thank you: Mr. President. Ladies and Gentlemen of the Senate, would just Warn the fellows on the other side - and Ladies, yes, indeed, there is .an a'greed bill process for Workmen 's compensation. And yes, indeed, in faet, Was one of the conveners of and supporters of that process, and seand here tonight stikl in support of that process. What 1, however, do not stand in support of and what, in fact, happened when the negotiations broke down - when the magnanimous folks from the business community threw up their hands and saidz ''That's it, we're out of here,'' - what I do noE skand for is an absolute, unadulterated veto power that they have assumed unto themselves. Who in the korld can argue against an increase in the burial fee? My goodness. This is such an anachronism ought to be an embarrassment to us all. And so I said - arbltrarily, I admit but I said this has got to go to the Governor. This is an embarrassment to the State of Illinois to have a 159  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 seventeen-hundred-dollar burial fee. It's nuts. And is there anyone, I dare say, Who doesn't wish to reduce the backloq at the Illinois Commerce Commission, by keeping in place a temporary panel that's been appointed by the Governor? Who doesnlt want to do that? The fact of the matter is there is no one who doesn't want to do either of these. But business, in it's fit of pique, jumped up from the table, walked out, left everything in shambles. And if that's their view of the process, then we better rethink I urge an Aye vote from everybody in thks Chamber.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Dupaqe, Senator Hudson. for a second time.

I apologize for the second time business, Mr. President. But my understanding is, with a1l due respect to our President, that - - that what he has said Eook place, simply did not take place. The situation was quite ehe reverse. Now my understanding isw by witnesses, ehat ie was labor indeed who Walked out - was not business besides which, business -- the -- the other side of this question was that they had.some -- they had some matters that they offered and they were good, and this -- this whole situation seems to me to be one that if we find, Mr. President, if we find -- if we keep finding provisions that seem to be as pure as motherhood and apple pie and the American Plasz and use those provisions - no matter how salutary they seem to be: and use them and their so-called beneficenee as a excuse for breaking the prOQeSS, bhen We have no -- we have no process.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from...

It -- it -- it just seems to me that we shouldn't we shouldn't be doing this. We either have an agreed bill process -- summit process or we don't. l60  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legkslative Day June 30 , 1991

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

Thank you, Mr. President. think that Senator Rock has pretty well stated the case there, and we are talkin: about tWo minor changes that are very important changesy and I Would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWTCZ) Question is# shall the Senate adopt the Conference Committee Report on House Bill 175. Al1 in favor, vote Aye. Al1 opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who Wish? Please take the record. 0n this question, there are 31 Ayes, 12 Nays, 16 Present, and the Senate does adopt the Conference Committee Report on House Bill 176. <sic> This billz having received the constitutional majority, is hereby declared passed. Senator Hudson requests a verification of the affirmative vote.

Yes. Thank you. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Would everybody pleùse be in their seats. Madam Secretary, poll -- poll the affirmative vote.

The following Members voted in the affirmative: Alexander, Berman, Brookins, Carroll, Collins, Cullerton, Daley, D 'Arco, de1 Valley Demuzio, Thomas Dunn, Hall, Holmberg, Jacobs, Jones, J.E. Joyce, J.J. Joyce: Eelly, Lechowiez, Leverenze Lufte Marovitzz O 'Daniel, Palmer, Rea, Savickas, Severnsy Smith, Vadalabene, Welch and Mr. President.

PRESTDTNG OFFTCER: (SENATOR LECHOWICZ) Any questions of *he affirmative vote? They lre al1 here, guess. 16l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislatkve Day June 30, 1991

No. Joyce.

PRESIDING QFFICER: (SENATOR LECHOWICZ) He 's right here.

So he is. Senator Marovitz.

PRESIDING OFFICER: (SENATOR LECHOWICZ) He's never looked this good.

Well, whereld he come...

PRESIDING OFFICER: (SZNATOR LECHOWICZ) Senator Marovitz on the Floor? I think he is Watching the fireworks. Hefll be with us momentarily. Got anybody else? Marovitz? Remove him.

Senator Leverenz.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Leverenz. Senator Leverenz on the Floor? Looks like he is coming in. Naw, don't look like him. Close. Remove him. Is that it, George?

hope.

PRESIDING OFFICER: (SENATOR LECHOWICZ) On that question, there are 29 Ayes, 12 Nays, 16 recorded as Present. Conference Committee Report is not adopeed, and the Secretary shall so inform the House. You want Eo call 176, Senator Rea?

Call a Second Conference Committee.

PRESIDING OPFICER: (SENATOR LECHOWICZ) He requested leave of the Second Conference Committee. Hearing no objectionsz Second Conference Committee will be 162  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislatkve Day June 30, 1991 constktuted. House Bill 176. Senator Rea. Read the Conference Committee Report, Madam Secretary.

First Conference Committee Report on House Bill 1-7-6.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Rea.

Thank you, Mr. President. I would move for adoption of the First Conference Committee Report on House Bill 176. It increases the discrepantory Ksic> authority of the Director of DES concernin: the release of confidential information obtained in administering the Unemployment Insurance Act. It restricts disability of any finding determination, ruling or order made by DES to actions arising from the Unemployment Act . Makes various changes it the Unemployment Insurance Act in response to recommendations by the U.S. Department of Labor. This was requested by the State Department of Labor, and labor and management have agreed upon the Report, which generally is technical in nature. I would move for adoption.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Is there any dlscussion? Senakor Hudson.

Mr. President, I am pleased to join Senator Rea in this effort, and would urqe an Aye vote.

PRESIDING OPFICER: (SENATOR LECHOWICZ) The question is, shall the Senate adopt the Conference Conmittee Report on House Bill 176. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted who Wish? Would you please get us -- thank you. Have a1l voted who Wish? Please take the record. 0n this question, there are 58 Ayes, no Nays, none recorded as Present, and the Senate daes adopt the Conference Committee Report on House Bill 176 . This bill, l63  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30: 1991 having reeeived the eonstitutional majority, is hereby declared passed. Senator Rea. Read the Conference Committee Report, Madam Secretary.

Flrst Conference Committee Report on House Bill

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Franklin, Senator Rea.

Thank you, Mr. President. I would move for adoption of the First Conference Committee Report on House Bill 177. The report does represent an agreement reached by participants in the reeent summit conference on collective bargaining. It makes an unfair labor practice the refusal to reduce in writing or to sign a collective bargaining agreement; defines a short-term employee for purposes of the Illinois Educational Labors Relation <s1c>; applies the Illinois Public Labor Relations Act to certain fire protection districts with fewer than thirty-five employees; permits extension of an election day for a colleetive bargaining representative by all .interested parties) permits the Labor Relations Board to impose sanctionsf including payment of lawyer fees upon a party engàging in litigation. I would move for adoption of Conference Committee Report to House Bill

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

Just ko note, Mr. president - thank you that most of the parties have signed off on this bill. It seems Eo be okay in the mainy but just to call your attention to the fact that there is still some opposition to fron the Fire Protection District Association.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? The question isy shall the Senate 164  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislatkve Day June 30, 1991 ' adopt the Conference Committee Report on House Bill 177. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted Who wish? Please take the record. On this question, there are 52 Ayesw 5 Nays, none recorded as Present, and the Senate does adopt the Conference Committee Report on Senate Bill -- on House Bill 177, and the bill, having received the eonstitutional majority, is hereby declared passed. 179. Senator Jones. Mr. Secretary, read the Conference Committee Report on House Bill 179.

ACTING SECRETARY: (MR. HARRY) First Conference Committee Report on House Bill 179. N

PRESIDING OFPICER: (SENATOR LECHOWICZ) Gentleman from Cook: Senator Jones.

Yeah. Thank you, Mr. President. The First Conference i Committee Report on -- on House Bill l79 creates the Apprentieeship Training and Advisory Council to develop policies to deal with the problems encountered by minorities entering as journeymen to the skllled construetion .industry in Chicago. It established the following membershlp: the four Legislative Leaders of the Ceneral Assembly or their designee; four appointees of the Chicago/cook County Building Trades Council; four appointees representing the City of Chicago and Cook County -- of the Construction Employees' Associatian; and one appointee of the State Superintendent of Education. There shall be no eompensation for the membership on those committees, bu* they shall be reimbursed for eheir expenses. It also applies to the a11 public work projects financed by TIF and bonds and EZ zones, and requires the Council to report its recommendations and findings to the Governor and the General Assembly by July 1 of each year, and make it a business offense for persons to -- to induce, or attempt to induce, through encouraging and other means, a public works 165  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 employee to giving'up compensation due to -- under a contraet. This is the gist of it -- of the Conference Committee Report. It's something that's been Worked out with labory the minorities, and the City of Chicago, and the County of Cooky and I ask that We adopt the Conference Committee Report. PRESIDING OFFICER: (SENATOR LECROWICZ) Any discussion? Senator Hudson. SENATOR HUDSON: ' Thank you, Mr. President. rise in opposition bo this proposale basically because it is still opposed by the construction industry. It would provide that the prevailing wage applies to projects fknaneed With bonds issued under the Tax Increment Allocation Redevelopment Act, or With loans made available under the Enterprise Zone Act. The effect of a1l of tbis is that the language would be -- would mean that the scope of this measure would be dramatically expanded, and the construction industry, ! as I indicated before, stands in opposition to thls. So I would urge, on tbis.measure, a No vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussioh? Senator Jones, to close. SENATOR JONES: Yeah. Thank you, Mr. President. It's rather ironicy you know, that When we just :ot through discussing the maps as relate to the Legislative Districts and all the concern on the other side of the aisle as it relates to minorities - and you can see that concern was not really sincere, my good friend, Senator Hudson; because, if you were sincerew then you would be in strong support of this Conference Committee Report. Because it is this Conference Committee Report that tries to address the llls that currently exist. So, my friends on the other side of the aisle, if you are genuine and sincere, you would support the Conference Committee Report on House Bill 179, and I ask for a favorable vote. l66  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30y 1991

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question isy shall the Senate adopt the Conference Committee Report on House Bill 179. A11 in favor, vote Aye. A1l opposed, zote Nay. The yoting is open. Have a1l voted who Wish? Have all voted who wish? Please take the record. 0n this question, there are 35 -- 34 Ayes, 25 Noes, none recorded as Present, and the Senate does adopt the Conference Committee Report on House Bill 179. This bill, having received the constitutional majority, is hereby declared passed. House Bill 1811. Conference Committee Report on House Bill 1811. Senator Leverenz. Read the billr Mr. Secretary.

ACTING SECRETARX: (MR. HAXRY) First Conference Committee Report on House Bill 1811.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenz.

Thank you, Mr. President. The bill would noW provide that we would do something that think is generally described as ''Buy American.'' And that the short title has been chanqed to the Steel Products Procurement Act to the Domestic Products Procurement Act, and expands the scope to apply to all purchases or leases of commodities or manufaetured goods by the State. Requires the State, kith specified exceptions, to purchase or lease only commodities or goods aanufactured or supplied by companies whose products consist of a specified minimum level of U.S. and Canadian content. Answer any questions you mighk have . Ask for your Aye vote to pass the bill.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This idea -- we dve been buying America, seems, Eor the 167  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 55th Legislative Day June 30, 1991 past two weeks, and it sounds great. I like America, but the arguments that pertained against this - a measure that have been used before several times in debate - still apply. It's vastly expensive to our industry. Caterpillar and other similar companies are opposed to this measure. It would raise their costs. It would cost the State of Illinois, they estimatez between six and seven million dollars. It's once again almost impossible to -- to judge the content of these products. It would take a special committee and special commuters and then God knows how they kould do it - how they uould ascertatn the percentage of American products and -- or -- produets made in -- in this country. It's -- it's just -- it's just unwieldy. It just would be practically impossible for business to comply With it, and it would add -- do nothinq but add to the expense of doing business and cost jobs, and therefore hurting the very ones that -- that it purports to help. So once again - once again - I Would urqe a No vote on this measure.

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

Thank you, Mr. President. just rise in support of this bill. think that the past speaker was krong. He said it Would take away jobs. 1'11 argue that it Will provide jobs and put people baek to Work. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) senator Leverenz, to close. I'm sorry . :enator Karpiel. Well, I just noticed your light. T'm sorry. Senator Karpiel.

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

l68  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30e 1991 Senator Leverenz, khy is steel excluded from the bill?

PRESIDIHG OFFICER: (SENATOR LECHOWICZ) Senator Leverenz.

There's no reason tb put it in here, because covered by existing law: but We appreciate your question.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.

Alsoy hoW exactly do they -- how do they -- how do they figure out that by 1992 al1 products have to consist of at least fifty percent United States or Canadian content; and then in '93, sixty percent; and then '94, sekenty percent, et cetera? How how exactly do your figure a11 that out, about every -- everything that's manufactured in this eountry?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenz.

Wellz the short answer would be, by addition. The'long answer is the following: It used to be you turned a pair of 9ym shoes upside down and it would tell you where they were made. The fact of the matter 1s, currently - this year you listen to a commercial by Mr. Iacocca, Who saysz ''Buy American.'' And the content of that automobile you can describe by where the parts eame from . The Japanese car made in Ohio bas the same product source material information availableg and the Honda has more American parts than the Cùrysler. That's how easy it is to add up who has more American-made parts, and it phases it in, the same *ay we did with recycled neWspaper. PRESIDING OFFTCERJ (SENATOR LECHOWICZ) Any more questions. Senator Karpiel?

l69  SNATE OP ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legkslative Day June 30, 1991 Mr. President, yes. What about...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rarpiel.

What about things like Caterpillar, for instance, Senator, who has overseas operations? Would we be unable to buy the parts that khey make out of this country?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Leverenz.

1'm glad you brouqht that up. If Caterpillar would buy things that are made in the State of Illinois, you would ereate and have your Republlcan prograa in place: you Would have created jobs. The fact of the matter, maybe, is they don't do that. Look at an off-shore corporation. In Europe, they have this on Lhe books now. In Japan, they have this on the books noW - that you will indeed -- they dictate to you the content of your product. Purther, the country I just mentioned has in the past taken a economic development course to say you will -- or We will be state-of-the-art ln computers. And they dump so much money into it they in fact are ' in -- the state-of-khe-art in computers. And then they bring the cars and computers over here and dump them in our market and we wonder why we don't have any jobs. Itds about time we start buying in this country, in this State, and create jobs the way those that are -- our competitors are workin: against us. We sbould use the same marketinq plan.

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

Thank you very much, Mr. President. I'd like to point out kWo things: Pirst of all, the sponsor said that this pertains to material made in Illinois, and I believe that has been removed and 170  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30w 1991 it only pertains to products made in the United States or Canada. Secondly, think we ought to be aware of the fact applies to contracts of five hundred dollars or more. Now I don 't know how many tens of thousands of -- of purchase orders the State places for five hundred dollazs or more, but I think in our -- in our zeal, We're creating a paperwork -- a paperwork nightmare for every agency of this government that buys five hundred dollars or more .

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

We appreciate even the -- the Senator who just spoke, his contribution to debate. I did mention Illinois, because it is part of the United Statei. And I think we should buy things that are made in the United States as well as the other states. This is a very simple proposition. I think we should take our head out of the sand and catch up with the rest of the world. I strongly urge an Aye vote to accept this Conference Committee Report.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is: shall the Senate adopt the First Conference Committee Report on House Bill 1811. Al1 those in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a1l voted who Wish? Have a11 voted who wish? Please take the record. On this questione there are 31 Ayes, 27 Nays, none recorded as Presenty and the Senate does adopt the Conference Committee Report on House Bill 1811. And the billr having received *he constitutional majority, is hereby declared passed. Senator Hudson requests a verification of the affirmative vote. Gentleman from Macoupin: Senator Demuziog what purpose do you seek recognition? Demuzio: plèase.

Mr. President, this is dilatory. 171  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55*b Legkslatkve Day June 30, 1991

PRESIDING OFFICER: (SENATOR LECHOWICZ) Dilatory.

We just went through this just ten minutes ago, and everybody is here.

PRESIDING OFFICER: (SENATOR LECHOWICZ) He has -- he persists in his verification. Do you persist, Senator Hudson? Senator Hudson: do you want to withdrak your verification?

No# I don't think so, Mr. President. Thanks for the opportunity, anyway.

PRESIDING OFFICER: (SENATOR LECHOWTCZ) God bless you. Please -- please call the affirmative vote.

ACTING SECRETARY: (MR. HARRY) The following voted in the affirmative: Alexander, Berman, Brookins, Carroll, Collins, Cullerton, Daley, D'Arco, del Valle, Demuzio, Thomas Dunn, Hall, Holmberg, Jacobs, Jones, J .E. Joyee, J.J. Joyce, Kellyz.Lechowiczy.Leverenz, Luft, Marovitz, O 'Daniel, Palmer, Rea: Savickas, Severns, Smith, Vadalabene, Welch and Mr. President.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Are there any questions of the 31 affirmative present votes?

Senator D'Arco.

PRESIDING OFFICER: (SENATOR LECHOWICZ) D'Arco? Hels right here, on the Floor. D'Arco is here.

Senator Jones.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Jones is riqht in front of the Presidentîs view.

l72  STATE 0F ILLINOIS 87th GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Senator Daley.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Daley - he 's on the Floor. Heds always here.

Thank youz Mr. President.

PRESIDING OFFICER: (SZNATOR LECHOWICZ) Thank you, Mr. Hudson. On this question, there are 31 Ayes, 27 Nayse nane reeorded as Present, and the Senate does adopt the Conference Committee Report on House Bill 1811. This b111, having reeeived the constieutional majority, is hereby declared passed. 1850. Senator O'Daniel. Conference Committee Report on House Bill 1850. Read the Conference Committee Report, please.

PRESIDING OFFICER: (MR. HARRY) First Conferenee Comaittee Report on House Bill 1850.

PRESTDING OFFICER: (SENATOR LECHOWICZ) Senator O'Daniel.

Thank you, Mr. President and Members of the Senate. move for the adoption of Conference Committee Report No. to House Bill 1850. What the Conference Committee Report does, it deereases the permit fee for owners of one hundred or more wells to twelve dollars and fifty cents from fifteen dollars on each well over one hundred; eaps the monies to be deposited into the Underground Resource Conservation Enforcement Fund at seven hundred and fifty thousand dollars; and the language added in Conferenee Committee Report No. l is the final agreement between the industry and the Department of Mines and Minerals. And I wculd move for the adopticn of Conference Committee Report No. 1.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall the Senate adopt the Conference Committee Report on House Bill 1850. A1l in favor, vote Aye. Al1 opposed: vote Nay. The voting is open. Have a11  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30: 1991 voted who wish? Thank you. Have a11 voted who wish? Please take the record. On this question, there are 59 Ayes, no Nays, none recorded as Present, and the Senate does adopt the Conference Committee Report on House Bill 1850. This bill, having received the constitutional majority, is hereby declared passed. 1079. Conference Committee Report on Senate Bill 1079. Senator DeAnqelis. Read the Conference Committee Report, Mr. Secretary.

PRESIDING OPFICER: (MR. HARRY) First Conference Committee Report on Senate Bill 1079.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. When Senate Bill 1079 went out on the Agreed Bill Llst, two amendments Were added in the House. We refused to concur. 0ne of the amendments is gone; the second one has been worked out and What it doese it permits banks who have had travel agencies prior to July 1st, 1991, to operate those travel agencies. I move for the adoption of the First Conference Committee Report on Senate Bill 1079.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? The question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1079. A11 in favor, vote Aye. All opposede vote Nay. The voting is open. Have all voted who wish? Have a1l voted Who Wish? Please take the record. On this question, there are 55 Ayes, 3 Nays, none recorded as Present, and the Senate does adopt the Conference Commiktee Report on Senate Bill 1079. This bill, having received the constitutional majority, is hereby declared passed. Ladies and Gentlemen, the Supplemental No. is not before us yet.

A11 right. Ladies and Gentlemen, Supplemental 4 Will be arrivlng shortly. The Minorlty Leader has requested a Caucus of l74  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 the Republican Members. He has, however, assured me it will be very brief, has assured me it was not a stall, was absolutely necessary for the operation of government. take the man at his word. Now the Senate will begin anew at 11:30, so that we Will have thirty minutes within which to present that which ought to be presented before the bewitchin: hour. Senator Philip has assured me there would be plenty of time before midnight to present what We wksh eo present. So I'd encou-raqe the Republican Members to hurry up and meet. 11:30 ke begin anew. 11:30. We#l1 stand at ease till 11:30. (AT EASE) END OF TAPE TAPE 5 (SENATE RECONVENES)

Ladies and Gentlemen, Supplemental Calendar No. 4 has arrived. So would ask the Membershlp - Senators Marovita, Cullertony Hall, Jones: Lechowicz, Jones, Hawkinson, Joyce, Luft and Jcyce to please join us on the Ploorr as we W1ll proceed w1th Supplemental No. 4. Supplemental Calendar No. 4, Ladies and Gentlemen. It is now 11:40. House Bill 57 - held at the request of the Chair. 12l - held at Ehe reques: of the Chair. 373. With leave, wedll get back to 1t. 406, Madam Secretary. House Bill 406.

175  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 First Conference Committee Report on House Bill 406.

Senator Jones.

Thank you, Madam President -- Mr. President, Members of the Senate. The Pirst Conference Committee Report on House Bill 406 is the proposed twenty-five percent increase in the State income tax. What the bill purports to do is to -- to extendy for the purpose of education - and make that tax permanent - a increase of . 5 percent, or raise it -- raise it to the level of -- raise it to the level of .025. A1l of those funds for education purposes will go into the Educational Fund that was set up by the -- by the -- the temporary surtax increase. The the remainder of those dollars will go into General Revenue Fund, and -- and those dollars goin; to the General Revenue Fund -- the purpose of those dollars is to take care of the shortfall as relate to the -- the social service program. That approximate amount will be somewhere around tWo hundred million dollars into GRF and a little over two hundred million dollars into the Educational Fund. And I ask for a favorable vote o 'n this Pirst Conference Committee Report on House Bi11 406.

Discussion on House Bill 406? Senator Collins.

Thank you, Mr. President, Members of the Senate. 1, too, rise in support of -- of -- Conference Committee 406. fenator Jones has expressed what is in the bill. It Would also provide additional money for education -- Would bring the Educational Fund up to five hundred and ninety-two -- total of five hundred ninety-two million dollars. It would also add to -- give to local units government approximately three hundred and fifteen million dollars. It will make, in fact, the educational portion 176  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 of thks bill - and this is what we a1l been coneerned abeut permanent, only the education portion of the bill. That portion to local governments and to GRF will still remain temporary. think this is the best way to go, and that we ought to adapt the Conference Committee Report.

Discussion? Further discussion? Senator Davidson .

Question of the sponsor.

Indicates he will yieldz Senator Davidson.

On Page 38, are you saylng now the ''Family First'' calculations about seventy-five thousand, et cetera, et cetera, that we beat here earlier this evening - is that in this bill?

Senator Jones.

Yes. It is -- it is in the bill.

Senator Davidson.

And what part is permanent, and what part is not permanent?

Senator Jones.

The ''Family First'' is two years. A11 of the funds that go to edueation are permanent.

Senator Davidson.

How can you split -- make it constitutianal, with part of 177  1 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 going to be permanent, part of it going to be temporary? Can you explain that and the temporary part? Does that go to the General Revenue to pay off our deficit, or is this going back to a local government as it is presently, which is going to end here in about fifteen minutes? PRESIDENT ROCK: Senator Jones. SENATOR JONES: The new increment that's added to this is split between general -- between the Educational Assistance Fund and GRF. PRESIDENT ROCK: Senator Davidson. SENATOR DAVIDSON: ' Does the contribution or the rebate baek to local government of counties and incorporated corporations - does that still exist? Does -- they still get fifty percent of this raise, or none of it, or what portion of it? PRESIDENT ROCK: Senator Jones. SENATOR JONESI It remains the same as it is under the current surtax law. PRESIDENT ROCK: Senator Davidson. SENATOR DAVIDSON: In other words, there's nothinq in this, if it would pass - other than the fact the education part of it would be permanent, the other is two years - but there's nothing - nothing - towards the fifty million that We looked at earlier on appropriation to . increase education, and nothing towards paying the deficit for which the State of Illinois is in a bigger erisis than most of the cities and counties. Is that correct? PRESIDENT ROCK: l78 I  STATE 0F ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislatkve Day June 30, 1991 Senator Jones.

This is merely a formula bill. There are no dollars in here. So that fifty million that you talked about is not addressed in this bill.

Further discussion? Senator Fawell.

Thank you very much. Wkll the -- Wi11 the sponsor yield for a question?

Indicates he will yield.

Senator Jones, this is a -- this is an amendment, obviously: that is forty-three pages long. And there has not been one Republican that has signed it. So, you know, we cre trying to find out what in the world this thing is doing. We have no analysis over here that -- that even starts to tell us what it does. None of this money is going to pay off the State debt. Is -- is that correct?

Senator Jones.

Well, paying off the State debt -- debt comes from GRF. So about two hundred and five million Will go to GRP, but I hope the Governor will use the dollars to take care of social -- social programs.

Further discussion? Senator Savickas.

Yes. Mr. President# sinee this bill, I understand, raises the ineome tax rate -- and if it does, hoW many votes is needed on l79  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 55th Legislative Day June 30# 1991 this?

Thirky votes are required. Further discussion? Senator Relly.

Mr. Presidentg I move the previous question.

Gentleman has moved the previous question. A1l in Cavor, indicate by saying Aye. All opposed. The Ayes have it. Senator Senator Jones, to close. Senator Jones, to close.

Yeah. Thank you, Mr. President. And in response to all the needs of the children across the State of Illinois, 406 Conference Committee is -- is presented to you. The needs of education are permanent. The needs of the social service programs are permanent. And I request you, the Members of ehis Housey to give us an afflrmative vote on -- on the First Conference Committee Report on House Bill 406.

Question is, shaïl the Senate adopt the Conference Committee Report on House Bill 406. Those in favor Will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 17 Ayes and 42 Nays and none voting Present. The Conferenee Committee Report is not adopted, and the secretary shall so inform the House. Revert now to Senate Calendar No . 2. Earlier we passed this over, at Ehe request of a number Of people. On the Qrder of Conference Commlttee Reports is a Conference Committee Report on Senate Bill 1345, Madam Secretary.

First Conference Commkttee Report on Senate Bt11 1345. l80  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 PRESIDENT R0CK: Senator Cullerton.

Thank youy Mr. President, Members of the Senate. I would move that We adopt the First Conference Committee Report on Senate Bil1 1345. This bill would exkend the income tax sureharge for two years. It changes the distribution format to local government from -- instead of getting 5.9, they would get However: the education formula remains the same: and we 1et the double deduction expire, so we'll have a single deduction after thls bill is signed. Happy to answer any questionsy but make them quick.

Discussion on the Conference Committee? Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. - - I rise in stronq opposition to this Conference Committee Report. Senator Cullerton, I stood on this Ploor some tWo years agoz and I argued against the temporary surcharge. I Was a strong supparter of making that tax permanent at that time. And I can Well recall can well recall looking into the gallery and seeing the gallery full of educational groups from a11 three levels of education. Mr. President, the hour is late.

Well, and I have been assured by the Minority Leader that a vote would take place before midnight. I kould ask the Members to please be in their seats. I'd ask those not entitled to the Floor to please vacate, and will the staff please lighten up, relax, sit back. There Will be a vote before midnight, I assure you. Senator Maitland.

Senator Cullerton, the speaker that spoke before me, tWo years ago, in explaining why he was voting for a temporary tax, said, l81  STATE 0P ILLINOIS 87th GENERAL AjSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legkslatkve Day June 30, 1991 think we ought to give them the money for two yearsy'' speaking of education, ''and see they spend wisely . '' Elementary, secondary, and higher education - see if they spend it wisely - those educators who we demand carry out what we, as legislators, have mandated them to do. And we said, ''Let's see if they spend the money wisely.'' And I said, l'What are we telling educators when we tell them something like that?'' But thak's behind us now. We lost that battle. You had your temporary tax, and that's fine. And thank God we had it. NoW we have; in fact, proven the need. Clearly, education cannot live without that money. What kind of a siqnal do we send to these people Who educate our elementary, secondary, and higher education students if we can't guarantee them the permanency of this tax? That's a terrible thing ko say. And What does that say Eo our college professors Wha are Saykng, ''What is the future of education in Illinols?'l If We leave here passing a temporary tax, we once again have sent that signal ''We have some distrust ih what you do, and we're going to give you the money for another two years and see if you spend it wisely.'' My God, folks, let's make the commitment. On June 30th, why do we want to do this? It is the Wrong thing to do, and I would urge defeat.

Purther discussion? Senator Geo-Karis.

Will the sponsor yield for a question?

Indicates he will yield, Senator Geo-Karis.

Senator, before We went out for a caucus, I think spoke to you, if I recall correctly, and I asked you whether or not youfre going to amend your bill to be in conformity with the bill that kas suggested by Governor Edgar and which makes sense. And you 182  1 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 said, 'îWell, wefre changing around.'' Now, have you made any changes on that Conference Report - the first one that you submitted?

Senator Cullerton.

Senator Geo-Karisz instead of these local govèrnments gettin: a hundred percent of What they're getting now. theydre only going to get seventy percent under this proposal. And the single -- the double deduction becomes a sàngle deduction, so that in this Conference Committee, the Governor will get more money for the State than he had in his own budget.

Senator Geo-Karis.

Are -- do you still have that provision in that Conference Report which includes a graduated income tax? Where you have a difference -- ln incomè -- different tax?

Senator Cullerton. Senator Cullerton.

No, that's been removed. I apologize for not mentianing that. That is totally out. It's a very simple bill.

Senator Geo-Karip.

You say it's a very simple bill. From what I understand then, youfre making the surcharge temporary for two years. Am -- am correct about that?

Senator Cullerton.

183  STATE 0P ILLINOIS 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Yes. It's two-year income tax surcharge which is extended. Education :ets the same amount: and the cities get seventy percent of what they got before.

Senator Geo-Karis.

Outside of those two provisions, what else have you gotten in that new Conference Report, because I don't have it on my desk?

Senator Cullerton. Senator Cullerton.

That is it. Thatls whatîs in the Conference Committee Report. The only thing I might mention is that there's no longer a double deduction; there 's only a single deduction. That brings in eighty million dollars to the State coffers.

The Chair will also admonish the Membership, this Conference Committee Report was passed out over an hour aqo. Senator Rigney? Further discussion?

I'm not done. I'm not done, sir.

Senator Geo-Karis. Everybody's word is good over there. I was told We're goin: to hàve a vote before midnight, so you may be the last speaker.

Mr. President, maybe am tbe last speaker...

That Would be fine.

. .. but this bill takes away some decent property tax relief which we have promised the people of Illinois. The middle class 184  STATE OF ILLINOIS 87kh GENERAL ASSEMBLX REGULAR SESSION I SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 of -- of the people of Illinois are the ones who are carrying the freight. Theyfre the ones who help contribute to charitable causes to help the less fortunate. Theydre the ones that have to pay the taxes: because people who make up to ten thousand dollars a year do not have to pay tncome tax - State or federal. And I think is a very serious thlng. We're not gettinq any property tax relief With the bill that Mr. Cullerton has fashioned - and it's obvious. And I certainly rise to speak against it. Itls not going to help to make it temporary when you know that we need a lot of money, and you're not willlng to make it a permanent surtax. PRESIDENT ROCK: Further discussion? Senator Lechowicz. SENATOR LECHOWICZ: Mr. President, I move the previous question. PRESIDENT ROCK: Gentleman's moved the prevkous question. AI1 kn favor g indicate by saying Aye. Al1 opposed. The Ayes have it. Senator Cullerton, to close. SENATOR CULLERTON: Roll call. PRESIDENT ROCK: Question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1345. Those in favor Will vote Aye. Opposed, vote nay. And the votinq is open. Have a1l voted who wish? Have a11 voted who wish? Have al1 voted who wish? Have al1 voted who Wish? Have all voted Who Wish? Take the record. On that question, there are 23 Ayes, 30 Nays, and 6 voting Present. The Conference Committee Report is not adopted. The Secretary shall so inform the House. And Senator Cullerton requests a Second Conference Committee. ' PRESIDENT ROCK: 185  ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 55th Legislative Day June 30, 1991 Senator D 'Arco, for what purpose do you arise?

Thank you. Mr. President, are We ever going to 9et to the Public Aid budget before twelve o 'clock?

We are not. The only budget that We have dealt with is the Department of Transportation.

Well, I think that's a tremendous injustice, Mr. President. These people aren't going'to get their Welfare checks, and we fre being held hostage here by the Republican Party. And it's important that these people be able to feed themselves and their families. And why wedre not getting to that budget, to me is unconscionable.

All right. In that regard, on Supplemental Calendar No. 4 is House Bill 373, Madam Sec:etary. Senator Dudycz, for what purpose do you arise?

Mr. President, I move We adjourn.

Thank you. That motion is not in order. 373, Madam Secretary.

First Conference Committee Report on House Bill 3-7-3.

Senator Hall. Senator Hall.

Thank you, Mr. President. ask for an Aye vote on this bill 373. And khis incorporates Ehe DeparEmpnt of Public Aid, Department of Mental Health, Department of Revenue, Department of Rehabilitation Service, Department of Chiîdren and Family Service, 186  STATE OF TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day June 30, 1991 Department of Correction. Department stuff. I ask for your most favorable vote.

Question is, shall the Senate adopt the Conference Committee Report on House Bill 373. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Have al1 voted Who Wish? Have al1 voted who Wish? Have a1l voted kho wish? Have a11 voted who wish? Take the record. On that question, there are 27 Ayes, 25 Nays, 3 voting Present. The Conference Committee Report is not adopted, and the Secretary shall so inform the House. Ten o 'clock. Senator Demuzio, for what purpose do you arise?

Thank you, Mr. President. I move the Senate stand adjourned till ten o'clock tomorrow morning.

That motion is now in order. The Senate stands adjourned till ten o'clock. l87  Q .< ' u %n R//ORT: TIFLDAY i PAGE: 0ol STATE OF ILLINOI: 8TTH GENERAL ASSEM8LY 92/03/:0 11::3::9 , srNxys l DAILY TRANSERIPTION OF DEBATE INDEX I JONE 30, 1991 l H:-0002 CONFERENEE PAGE l56 j l Ha-otis CUNFERENCE PAGE t57 l HB-ot;6 CONFERENEE PAGE l63 HB-Ot77 CGNFERENCE PAGE 1&# HB-'0:79 CONFERENCE N PAGE 165 HB-O3l9 REFUSf T0 RECEDE PAGE 9 1 HB-03T3 REFUSF T0 RECEDE PAGE t0 H8-0373 CONFERENCE PAGE t86 H8-0376 RfFUSE T0 RECEDE PAGE 10 8:-0378 REFUS: YO RECEDE PAGE 11 l HB-033& REFUSE TO RECEDE PAGE 11 88-0393 REFUSE T0 REEEDE PAGE 11 H8-0395 REFUSE T0 RECEDE PAGE 12 1 HB-0#06 REFUSE TO MECEOE PAGE 95 i HB-0#06 EONFERENCE PAGE 1T5 Hô-05:5 REFUSE TO RECEDE PAGE l j Ha-os16 0oy og xEcnRn PAG: l12 3l i H8-0545 REFUSE T0 RECEbE PAG: 13 HB-DT36 REFUSE T0 QECEDE PAGE 13 HB-OB08 REFUSE T0 RECEDE PAGE 14 HB-088T REFUSf TO RECEDE PAGE 15 HB-0888 REFUSE T0 RECEDE PAGE :5 H8-0927 REFUSE T0 RECEDE PAGE 95 H8-1024 CONFERENCE PAGE 132 HB-t048 REFUSE T0 RECEDE PAG: 16 H3-110ë REFUSE TO RECEDE PAGE 16 HB-1L23 REFUSE T0 RECEDE PAGJ 9* HB-1l28 EONFERENCE PAGE l33 HB-tl55 REFUSE T0 RECEùE PAGE t7 I HB-l29& REEEDE PAGE t7 H8-135* TBIRD READING PAGE 36 HB- t35T THIRD READING PAGE 8* HB-l#31 REFUSE T0 RECEOE PAGE 1: HB- l811 CONFERENCE PAGE 167 8:- :838 REFUSE T0 RECEOE PAGE 9& HB-1850 ZONFERENCE PAGE 173 H3-21:7 REFUSE T0 RECEDE PAGE 18 HB-2l49 CONFERENCE PAGE t#5 . H8-2208 CONFERENCE PAGE 1#9 8:-2352 REFUSE TO RECEDE PAGE 96 H3-2#17 CONFERENEE PAGE t*6 H8-2556 RECEDE PAGE 97 SB-0O10 CON/ERENCE PAGE 98 SB-0155 CDNCURRENEE PAGE 4 SB-0216 MOTION PAGE 20 G8-u258 NON-CONEURRENCE PAGE # : SB-0301 NON-CONCURRENCE PAGE 5 53-0305 NON-CONEURRENCE PAGE 5 SB-0308 NON-CONCURRENEE PAGE 6 58-0325 CONFERENEE PAGE 150 SB-0364 DIGCUSSED ANû POSTPONED PAGE 22 58-0365 CONCURRENEE PAGE 30 . S8-0#09 Z%ON-CONEORRFNCE PAGE 6 5:-0539 CONFERENEE PAGE t19 SB-0â7B CONFERENCE PAGE t*7 38-0728 EONFERENCE PZGE k50 SB-0837 NON-EONCURRENEE PAGE 7 58-0956 NON-CONCURRENCE PAGE 7 58-0958 NON-CONEURRENCE PAGE 8 55-0959 NSN-CONCURRENCE PAGE 8 SB-O9Y3 EONCURREREE PAGE 153 SB-t0t6 CONFERENCC PJGE t20 sB-1079 CONFERENCE PAGE l7# SB-13#L NON-CONCURRENCE PAGE 9 1 1  L$.T'M REPORTZ TIFLDAY STATE 5F ILLINQIG 92/03/10 PAGE: 002 8::8 GEI/ERAL AZSEMôLY tkzt3z#9 SSNATE DAILY TRANSCRIPTION GF OEBATE INDEX JUNE 30, 199: G8- 13:5 POGTPSNED CONSIDERATION 58-13:5 CDNFERENCE S3-t36& CONFERENCE SB-k#51 CONFERENCE SR-G&3& RESOLUTION OFFERED SR-O63T RESOLUTION OFFERED SR-0ô38 RESOLUTIDN OFFERQD SR-O&39 RESGLUTION OFFEREZ SR-t6#0 RQSOLUTION OFFERED SR-0&#t RQSOLUTION OFFEREO SR-06#C RVSOLUTISN OFFERED SR-08#3 RESOLUTION DFFERED Sq-06## RESOLUTION OFFERED SR-06#5 R6SQLUT ION OFFEREO SR-06#6 RESOLUTION QFFERED SR-06&7 RESOLUTION OFFERED SR-06#8 RESOLOTTDN DFFERED 3R-06#9 RESOLUTION OFFERED 5R-0650 REGGLUTION ûFFERED SR-O65l RESOLUTION OFFERED 3R-0652 RESOLUTIGN GFFERED 5R-0653 RESOLUTJON OFFERED HJR-O002 RESZLUTION OFFEREP HJR-00t6 RESOLUTION QFFERED HJR-00#2 RESOLUTION OFFtRED HJR-ûO## RESGLUTION 0F66REP HJR-QO6: RESGLUTION OFFERED HJR-0065 RFSDLUTION OFFERED HJR-0069 RESQLUTION UFFkRED HJR-0070 RESZLUTION OFFERED HJR-OOT: RESOLUTION OFFEREO SJR-008l RESOLUTION OFFERFD SUBJECT MATTER SENATE T0 ORDER - PRESIDENT RGCK PAGE l PRAYER - REVEREND RICK HOHIMER PAGE 1 JOURNALS - POSTPONED PAGE 1 NESSAGES PRO: THf HDUSE PAGE 1 XECESS PAGE 35 SENATE RECONVENES P/G6 35 MEZSAGES FROH THE HQUSE PAGE 89 MESSAGES FROM THi HOUSE ZAGE 91 RECEGS PAGE 93 FIAST GPECIAL SESSION PAGE 93 SENATE RECONVENES PAGE 93 RESOLUTIONS CONSENT CALENDAR - A00PTE0 PAGE 9# MESSAGES FROM THE HOUSE PAGE t52 AOJCURNXENT RAGE t87