Illinois General Assembly Floor TranscriptsBrowseSenate87th GA

Illinois Senate Floor Debate — July 11, 1991

87th General Assembly (1991-1992) · Legislative day 65 · First Special Session
Chamber
Senate
General Assembly
87th (1991-1992)
Date
July 11, 1991
Legislative day
65
Session
First Special Session
Speaker turns
342
Original
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PRESIDENT ROCK

The hour of ten-thirty having come, *he Senate will come to order. Wi11 the Members be at their desksz and will our quests in the gallery please rise. 0ur prayer this morning by the Reverend Victor Kaltenbach, St. Patrick's Catholic Church, Springfield, Illinois. Father.

THE REVEREND VICTOR KALTENBACH

(Prayer by the Reverend Victor Kaltenbach)

PRESIDENT ROCE

Thank youz Pather. Reading of the Journal: Madam Secretary.

Linda Hawker

Senate Journals of Friday, June 28, and Saturdayw June 29e 1991.

PRESIDENT ROCK

Senator Kelly.

SENATOR KELLY

Thank you, Mr. Presidene. I move that the Journals just read by the Secretary be approved, unless some Senator has additions or corrections to offer.

PRESIDENT ROCK

Yousve heard the motion as placed by Senator Kelly. Is there any discussion? If not, al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. The motion carries, and it is so ordered. Senator Kelly.

SENATOR KELLY

Thank you, Mr. President. I noW move that reading and approval of *he Journals of Sundaye June 30th: Monday, July 1st7 Tuesday, July 2nd) Wednesday, July 3rd) Thursday, July 4th; Friday, July 5th; Saturday, July 6th; Sunday, July 7th; Monday, July 8th; Tuesday, July 9th: and Wednesday, July lothr in the year 1991: be postponed, pending arrival of the printed Journals. PRESIDENT ROCKJ 1 STATE 0F ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE QRANSCRIPT 66th Legislative Day July 11# 1991 ïou've heard the motion as placed by Senator Kelly. Is there any discussion? If not, a1l yn favor, tndicate by saying Aye. A1l opposed. The Ayes have it. The motion carries, and it is so ordered. We have no paper, either. I would ask the Members to please turn to Page Page 11 on your Calendar. We have a number of new conference committee reports that have been filed. We Will begin at Page 11 on the Order of Conference Committee Reports and move through Pages l1, 12 and 13. With leave of the Body, WAND-TV, WCIA: WICS, WLS. WGN, WMAQ and a neW entry from Paducah, WPSD, has . So, a11 of you who are covered by *he Paducah market - Sam, it's time to stand up. A1l right. Ladies and Gentlemen, if I can direet your attention to Page 11 Page 11 on the Calendar. We have a number of conference committee reporks. We will qo through the Calendar on the Conference Committee Reports and then reeess until later this afternoon. am reliably informed that there will be another meeting with Ehe Governor and the Leadership at one o 'clock. Senator Philip, one or one-thirty? 56. Senator Joyee. Senator Cullerton. 175. Senator Rea. 434. Senator Dunn. 738. Senator Carroll. Top of Page l2. 968. Senator Jones. 1007. Senator Marovitz. 1073. Senator Cullerton. 1352. Senator Hawkinson. 1415. 1499. Senator Marovitz. 1564. Senator Dunn. Middle of Page l2, Ladies and Gentlemen, on the Order of Conference Committee Reports: there 's a report with respeet to House Bill 1564. Madam Seeretary, please.

Linda Hawker

Second Conferenee Commlttee Report on House Bill 1564.

PRESIDENT ROCK

Senator Dunn.

SENATOR T . DUNN

Thank you: Mr. President. This is the Charltable Trust revision, and believe represents agreement between the 2 STATE 0P ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1991 parties that are affected by this. It will require professional fund raisers to report to the Attorney General the percentage of charitable donakions that go to the administrative costs, the educational costs, and the actual amount of the percentage ehat really goes down to the charitable recipients. It requires an annual account to the Attorney General of the receipt and expenditure of charitable funds. It increases the reporting threshold from fifty to one hundred thousand dollars to make provisions for the small fund raisers. requires congressionally chartered veteran groups to file their federal reports and copies of their fund-raising contracts so that they need not file with the State. imposes civil and criminal penalties for fraudulently misrepresenting themselves as sokicitors for different organizations. and it requires attorneys and accountants and advertisinq aqents ta register with the Attorney Generalr but does not require them to file reports unless they solicit or control or receive any of the funds. stand ready to answer any questions.

PRESIDENT ROCK

The Gentleman has moved the adoption of the Conference Committee Report on House Bill 1564. Discussion? Senator Fawell.

SENATOR FAWELL

Will the sponsor yield for a question?

PRESIDENT ROCE

Sponsor indicates be will yieldy Senator Fawell.

SSNATOR FAWELL

Senator, I have a number of outfits that bave been calling around in some of my touns, who represent themselves as -- as police officers, and that they are for the Benevolent Fund of the Lombard Police or the -- and theylre going to print this marvelous program and what have you. And I have a sister Who lives in Lombard, very frankly, who's never seen one of these things, STATE OP ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July l1r 1991 although they -- they claim they have distributed them throughout the eity. I understand this bill wil1 at least put a -- scme kind of a cap or some kind of a reporting meghanàsm on this kind of an outfit. Is that true?

PRESIDENT ROCK

Senator Dunn.

SENATOR T. DUNN

Yes, that is correct. They will be obligated to register with the Attorney General and reveal the things that I outlined earlier.

PRESIDENT ROCK

Senator Fawell.

SENATOR PAWELL

Have we got anything in this bill -- my understanding right now is that they -- they collect -- this outfit collects like ninety percent - Aldow will you sit down - ninety -- ninety percent and

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Aldo, will you stand up, please?

SENATOR FAWELL

And we have and the police department, if they 're real lucky, gets like ten percent. Is there any way we can put a clamp on these guys from walking off with that kind of money?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.

SENATOR T. DUNN

You -- you raise very poignant point, because this is an issue that has somewhat stuck in my craw, as well. An organization that I belong to# called VietNow: which is dedieated to assisting Vietnam veterans, hired a telephone solicitator <sic> to do what youlre talking about, and found out that eighty-some percent of the money they raised went to the phone solicitor, and 4 STATE OF TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1991 the eighteen or twenty percent went to my organization. And I object to that very strenuously. And think what What this will do, Senator, is to reveal those kinds of things -- that an organization is not being *he recipient when they should be. When you give your dollar, you should expect that the bulk of that dollar: a good portion of it, the majority of actually goes to the people who need the charity, as opposed to the people that are working to raise the money.

PRESIDING OFPICER (SENATOR LECHOWICZ)

PRESIDING OFPICER: (SENATOR LECHOWICZ) ' The State Journal-Register requests leave of the Body to photograph the .proceedings. Hearing no objections, leave is granted. Any further dtscussion? The Gentleman from Cooky Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Beverly, get you and Harlan Rigney a high chair. Question of the sponsor, please.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he'll yield. SENATOR DeANGELIS: Senator Dunn, is there anything in this tbat penalizes any organization that fails to submit a financial statement to the Attorney General's Office?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.

SENATOR T . DUNN

Senator, if they willfully fail to report, they could lose their registration, which would then subject them to the enjoinment powers of the courts.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Ts there any limitation on the percentage of the solicitation 5 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1991 that can be used for solicitation costs?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.

SENATOR T. DUNN

No, there is no -- there is no limit.

PRESIDING OFFICER (SENATOR LECHOWTCZ)

PRESIDING OFFICER: (SENATOR LECHOWTCZ) Senator DeAngelis. Senator Dunn.

SENATOR T . DUNN

If memory serves me right, there was a Supreme Court case that dealt with that issue, and there is a constitutional provision that prohibits a percentage limitation. All we can do: I think, under the Court decision, is to provide to the public the percentages and where the money goes, and 1et the public then decide whether or not theyfre getting a good bang for their buck when they make that contributlon.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator DeAngelis. SENATOR DeANGELIS: Yeah, are you -- are you saying that the reason there isnlt a prohibition in this bill or a limitation is because the courts won't 1et you?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.

SENATOR T. DUNN

I sure am. There Was a Supreme Court ease right on point. I believe it's called the Riley case.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Does this -- does this -- does this laW apply to IPAC?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn. 6 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l, 1991

SENATOR T. DUNN

They're not excluded, so theyfre included . Tt applies directly to them or anybody else that's raising charitable funds.

PRESIDINC OFPICER (SENATOR LECHOWICZ)

PRESIDINC OFPICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Are the eopies of these statements available to the public?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn. SENATOR %.(DUNN: Yes, they are.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Last question - is thls prospective? In other words, IPAC did not flle any of this in the past, you can't really do anything.

PRESIDING OFFICER (SENATOR'LECHOWICZ)

PRESIDING OFFICER: (SENATOR'LECHOWICZ) Senator Dunn.

SENATOR T. DUNN

Bear in mind that this applies to charitable fundraising. If you are equating IPAC with being a charity for maybe the Democrats, I don 't think you're going to find that they are necessarily subjected to this: being a political aetion commietee, any more than, you know, one of your organizations

PRESIDING OFPICER (SENATOR LECHOWICZ)

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANCELIS: Well, that's a good pointz because they don 't define themselves as a Political Aetion Committee. They actually identify themselves as nonpartisan -- dealing with issues. And if youpve ever seen their solicitation When they come to your house, ? STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July lly 1991 they have paid people that come in and collect money for them under the guise of promoting environmental issues and other types of issues. So theyfre not covered under this law then.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.

SENATOR T. DUNN

Well, if you can make a case With the Attorney General that they are raising charitable fundsr then would say youbre in business, Senator.

PRESIDING OFFIQER (SENATOR LECHOWICZ)

PRESIDING OFFIQER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Well, just a last comment - we have tried with the former Attorney General. Welll try it with this one: and see What happens.

PRESIDING OFEICER (SENATOR LECHOWICZ)

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

SENATOR DAVIDSON

Question of the sponsor.

PRESIDING OFEICER (SENATOR LECHOWICZ)

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

SENATOR DAVIDSON

Senator Dunn, same question I asked earlier. If a national organization domiciled tn another State, which does a mailing to people within the State of Illinois, if they raise less than a hundred thousand dollars, do they have to register with the Attorney General? Qr secondly, if ehey do raise more Ehan a hundred thousand dollars: then are they, by this law, have to register with the Attorney General of Illinois?

PRESIDING OFPICER (SENATOR LEOHOWICZ)

PRESIDING OFPICER: (SENATOR LEOHOWICZ) Senator Dunn.

SENATOR T. DDNN

8 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1991 The answer is no and yes. If they dre soliciting over a hundred thousand dollars Within the State, then the Act Would apply to them . PRESIDING OFFICER) (SENATOR LECHOWICZ) Senator Davldson. Gentleman from Lake: Senator Barkhausen.

SENATOR BARKHAUSEN

Thank you, Mr. President. As the spokesman on the committee that heard this bill, I Want to rise in support of it, and point out that this Conference Committee Report No. 2 also gontains the desirable elements of Senate Amendment 1. It should be pointed out for the record that this Conference Commlttee Report Epecifically addresses the concerns of congressionally chartered veterans' organizatlons and particularly that it provides an -- alternate reporting scheme in recognition of the federal oversight that governs these organizations. The Conference Committee Report also ensures the continued operation of thrift stores that sell to khe public donated used goods like second-hand clothes and used furniture. The language in Section 4(d) of the Charitable Trust Act and in Section 4(e) .of the Solieitation for Charities Act specifies that these for-profit thrift stores shall not be deemed charitable trustees and shall not be subject to provisions of these Aets if they ftle enumerated documents. That language also elarifies that such qualifying thrift stores and tbelr trueks may act as agent foz any charitable organization, including veterans' organizations. This Conference Committee Report enjoys the support of the Attorney General's Offtce, and the charitable eommunity in Illinois, and these veterans ' organizations that have specifically worked on these provisions wbich I've taken the time to outline. I urge your support for the Conference Committee Report.

PRESIDINC OPPICER (SEHATOR LECHOWICZ)

PRESIDINC OPPICER: (SEHATOR LECHOWICZ) Any further discussion? Gentleman from Cook, Senator Butler. 9 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l, 1991

SENATOR BUTLER

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

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

SENATOR BUTLER

At some point, there was a little coneern that there may be some ambiguity in the description or the definition of a professional fund raiser. Has -- is that clear as shculd be?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.

SENATOR T. DUNN

Thank you, Senator. It's my understanding that they are defined Within the Aete ahd that the Organization of Professional Fund Raisers are for this bill.

SENATOR BUTLER

Well, I have no problem with the b111 other than to be sure that we don't, at some point in the future, reach an impasse as to What is and is not a professional.

SENATOR T. DUNN

I don't think that's going to be a problem. I think they're defined within the Act and --

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Butler, you concluded? Okay. Senator Weaver.

SENATOR WEAVER

Thank you, Mr. President. Senator Dunn, is there anything in this bill that states that a solicitor has to tell Whoever he's calling or soliciting that he is a paid solicitor?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.

SENATOR T . DUNN

Senator, it's my understanding that the individual Would be obliqated to say that he was a paid solicitor. 10 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1991

PRESIDING OFPICER (SENATOR LECHOWICZ)

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Weaver. SENATOR WEAVER) That's enumerated in the bill that that must be stated. Is that correet?

PRESIDING OFPICER (SENATOR LECHOWICZ)

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Dunn.

SENATOR T. DUNN

That's correctz Senator.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn, to close. SENATOR T. DUN<: Thank you. I would urge an Aye vote. I think this represents a good aqreement between all of the parties, and will assisk the public in determining whether or not the dollar that they contribute to charities is, in fact, going to the right plaee. urge an Aye vote. /

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall the Senate adopt the Second Conference Committee Report on House Bill 1499. Al1 those in favorv vote Aye. opposed, vote Nay. I'm sorry. 1564. A11 those in favor, vote Aye. A11 opposed, vote Nay. The voting is open. 1564. Have a11 voted kho wish? Have al1 voted who wisb? Please take the record. On this question, there are 55 Ayes: no Nays, none recorded as Present. And the Senate does adopt the Second Conference Commlttee Report on House Bl11 1564. This bill, having received the eonstitutional majority: is hereby deelared passed. House Bill 1960. Senator Brookins. House Bill 2222. Senator Marovitz. Conference Committee Report on House Bill 2222. Read khe report, ma'am.

Linda Hawker

First Conference Committee Report on House Bill 2227. 11 STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l, 1991

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

SENATOR MAROVITZ

Thanks very mueh, Mr. President and Members of the Senate. Conference Committee Report on 2222 provides the forms of notice to be given to parents, custodians and children before there 's any hearing on custody orders entered at ex parte hearinqs. It will expire within ten days unless the petitioner can demonstrate efforts to give actual notice to the respondents. This Conference Committee Report is the result of negotiations among the Governor's Office, the Department of Children and Family Services, Cook County Public Guardian, Voices for Illinois Children, Legal Assistance Foundation, Children's Rights Project, the State's Attorney of Cook County and the State Appellate Defender. And the Conference Commlttee Report is designed to address the problem with the lack or the grossly inadequate notice given to custodiàl and non-eustodial parents and ehifdren, and solicit your Aye vote for this Conference Committee Report.

PRESIDING OFFICER (SENATOR LCCHOWICZ)

PRESIDING OFFICER: (SENATOR LCCHOWICZ) Any discussion? The Gentleman from Cook, Senator DeAngelis. SENATOR DeANGELIS: Just a question, Mr. President. Has this report been circulated?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

SENATOR MAROVITZ

I believe I gave it to you last night. The answer is yes.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) I'm sorry. Senator DeAngells, a11 the reports have been circulated. I've been informed by the Secretary that the reports have been circulated. Senator Marovltz. Senator DeAngelis. SENATOR DeANGELIS: 12 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July ll, 1991 Can one Member just show me a copy they havez just out of curiosity: seriously? I mean, I'm not opposed to the bill. just -- when you're going to make this kind of a change though, would think that we Would circulate the report.

PRESIDING OFFICER (SENATOR LZCHOWICZ)

PRESIDING OFFICER: (SENATOR LZCHOWICZ) According to the Secretary, al1 the reports on the Calendar have been circulated. SENATOR DeANGELIS: Does one person kn this Body have a copy of this Conference Committee Report? And then I shall sit down.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Please sit down. Okay. Senator Marovitz, to close. Ohs IIm sorry. Senator Fawell.

SENATOR FAWELL

Senator DeAngelis is right. I don't have a copy. Well, you may have it, Carlw but I dontt.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) According to ehe Secretary, all the reports have been circulated. So -- Senator Marovitz, to close.

SENATOR MAROVITZ

A1l I can say, Mr. Presidentz this report was filed several days a9o in the normal course of events. If you have a question, 1'11 be happy to answer it. This is -- this is basically the same bill that passed here 59 to nothing: and khere 's nothing neW in there 's nokhing sneaky in there's nothing that you Wouldn't -- that I haven't disclosed already or we didn't vote on before.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall the Senate adopt the First Conference Committee Report on House Bill 2222. All those in favor, vote Aye. A1l opposedy vote Nay. The votinq is open. Have all voted who wlsh? Have a1l voted who Wish? Please take the record. On 13 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Le:islative Day July ll, 1991 this question, there are 53 Ayes, no Nays, 2 recorded as Present. And the Senate does adopt the Pirst Conference Commlttee Report on House Bill 2222. This bill, having received the constitutional majority, is hereby deelared passed. Leave of the Body, Senator Marovitz requests to go back to House -- the Conferenee Commitkee Report on House Bill 1499. Hearing no objection, 1499. Read the Conference Committee Report. House Bill 1499.

Linda Hawker

First Conference Conmittee Report on House Bill 1499.

PRESIDING OFFTCER (SENATOR LECHOWICZ)

PRESIDING OFFTCER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Marovitz. 1499.

SENATOR MAROVITZ

Thank you very much, Mr. President and Members of the Senate. House Bill 1499 does several things, a1l of Which this Bcdy has seen before and acted on favorably before. It allows the eourt to impose a five-dollar fee on a1l individuals plaeed on pre-trial and post-convicted bond home supervision, and it direets that money collected from alcohol, cannabis and controlled substance defendants be used for cocaine mothers and cocaine babies in the County of Cook. This amendment attempts to address the recent increase in the use of home monitorin: syseem and to deal with prison overcrowding. Many other states have tried this, and I think it's a good idea. Let people who want home monitoring pay for that system themselves: and the drug cases will pay for the coeaine babies up in Cook County. It also provides for the use of closed-clrcuit televising of a ehild witness' testimony of a trial for a:gravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse and criminal sexual abuse. This bill would assist prosecutors in child sex cases by allowing the child witness to testify without having to look at the defendant. Most molesters oceupy a position of trust in relation to the witnesses, as I think most of us know; and as a result, the child 14 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1991 frequently breaks down when forced to see the defendant. And the last thing that the bill does - the Currency Reportin: Act: which we passed here 56 to nothing, is in here. It deals with the problem of trying to get at b1g drug dealers and drug users and force them to disclose cash transactions. It eontains clarifying language supplied by LRB regarding the joinder of various theft and publlc aid fraud provisions and allows out-of-state felony convictions to be used in seekin: the imposition of an extended term on a defendant. would solicit your Aye vote.

PRESIDING OEFICER (SENATOR LECHOWICZ)

PRESIDING OEFICER: (SENATOR LECHOWICZ) Any discussion? The Gentleman from Knox, Senator Hawkinson. SENATOR HAWKINSON) Thank you, Mr. President. Sponsor yield for a question, two questions?

PRESIDING OPFICER (SENATOR LECHOWICZ)

PRESIDING OPFICER: (SENATOR LECHOWICZ) Indicates he will.

SENATOR HAWKINSON

Senator, as this bill left the Senate, two provisions - one in the child witness provisions - the b111 only applied to child victims and not to other child witnesses. Are the provisions the sams as they were on that in the original Senate bill?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

SENATOR MAROVITZ

Exactly the same as it was when it left here.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Hawkinson.

SENATOR HAWKTNSON

And the seeond questione a: to the fee for home electronic detention, we had some diseussion earlier, and the bill, as passed the Senate, made ik truly permissive to the counties. Is lt still permissive through *he county.boards? STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l, 1991

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

SENATOR MAROVITZ

It -- yes, it is. That Was your amendment. It is still on here. It is totally permissive. a county board doesnft have a system, they don't have to have a separate fund.

PRESIDING OFFICER (SENATOR LECHOWICZ)

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

SENATOR MAROVITZ

Solicit your Aye vote.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall the Senate adopt the First Conference Commkttee Report on House Bill 1499. Those in favor, vote Aye . Those opposed, vote Nay. The votinq is open. Have a1l voted Who Wish? Have a11 voted who wish? Please take the record. On this question, there are 56 Ayes, no Nays, none recorded as Present. And the Senate does adopt the First Conference Committee Report on House Bill 1499. This bill: having received the constitutional majority, is hereby declared passed. Baek on -- still.on Page 12 appears House Bill 2510. Senator Smith. Out of the reeord. Senate Bi1l -- 1-5-1. Senator Jaeobs. 0ut of the record. Please turn to Page l3. Senate Bill 299. Senator Daley. Out of the record. Leave of *he Body, Senator Daley Will handle the next bill, Senate Bill 616: for Senator Joyce. Hearing no objection, please read the Conference Committee Report on Senate Bill 6-1-6.

Linda Hawker

Pirst Corrected Conference committee Report on Senate Bill 6-1-6.

PRESIDING OFFICER (SENATOR LECHOWICZ)

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

SENATOR DALEY

Thank you, Mr. President, Members of the Senate. The Pirst 16 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l, 1991 Conference Committee Report on Senate Bill 6l6 would provide that if a tax financing district in a municipaliey pledges and colleets at least one million seven hundred and fifty of munieipal sales tax to retire bonds issued after January 1, 1990, and prior to September 30, 1991, to finance redevelopment projects eosk within a TIF district, then the Department of Revenue shall disburse to the municipality, for the Fiscal Year 1993 and after, at least sixty-five percent of the municipality 's total net sales tax tax increment before any other municipalities receive TIF disbursements. The above language will affeck the Village of Hodgkins. It also provides that the City of Chicago may tr#nsfer any surplus TIF inerement from its three TIE projects to one the other three projects, if it receives the approval of one hundred percent of its bondholders. I'd be happy to ansWer any questions.

PRESIDING OFFICER (SENATOR LECHOWICZ)

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

SENATOR PAWELL

Thank you very much. I have no problem with this bill, buk have been asked to get some legislative intent in here. 0n Page 23 of the report, khe new language makes reference to municipalities over five hundred thousand population with two or more redevelopment project areas. Further down in that neW paragraph, on line 16 and l7, there is reference tog quotee I Hobliqations issued in eonnection with another redevelopment project area,'' unquote. Is that other, quotey ffredevelopment projeet areay''unquoee, confined exclusively within the boundaries of the municipality with a population over five hundred thousand?

PRESIDING OFFICER (SENATOR LECHOWICZ)

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

SENATOR DALEY

Yesg it isp Senator. 17 STATE QF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Le:islative Day July ll, 1991

PRESIDING OFPICER (SENATOR LECHOWICZ)

PRESIDING OFPICER: (SENATOR LECHOWICZ) The Centleman from Cook, Senator Raica.

SENATOR RAICA

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 616 is a bill that affects my community, Hodqkins, Illinois: and I'd like to thank Senator Daley for -- for taking this bill for me. In additkon, thknk the most conkroversial part of this bill has been removed by this Conference Committee Reportz and I just would solicit everyone's Aye vote for this.

PRESIDING OFPICER (SENATOR LECHOWICZ)

PRESIDING OFPICER: (SENATOR LECHOWICZ) Any further discussion? Senator Daley, to close.

SENATOR DALEY

Simply -- I Would simply ask for a favorable vote.

PRESIDING OFPICER (SENATOR LECHOWICZ)

PRESIDING OFPICER: (SENATOR LECHOWICZ) The question is: shall the Senate adopt the First Corrected Conference Committee Report on Senate B1l1 616. Those in favor, vote Aye. Those opposed, voke Nay. The voting is open. Have all voted Who wish? Have.all ,voted who Wish? Please take the record. On this question, there are 50 Ayes, 5 Noes: 1 recorded as Present. And the Senate does adopt the First Corrected Conferenee Committee Report on Senate Bi11 6-1-6. This bill, having received the constitutional majority, ks hereby declared pagsed. Senate Bill 659. Senator Marovitz. 678. Senator Cullerton. Read the Conferenee Committee Report, Madam Secretary.

Linda Hawker

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

PRESIDING OPPICER (SENATOR LECHOWICZ)

PRESIDING OPPICER: (SENATOR LECHOWICZ) The Gentleman from Cook: Senator Cullerton.

SENATOR CULLERTON

Thank you, Mr. President, Members of the Senate. This Conference Committee comes at the request of the Metropolitan 18 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1991 Water Reclamation District, and it deals with the Clvil Service Board. The Civil Service Board is a bipartisan, three-member Board that investiçates the nature and compensation of a11 posltlons in civil service. The Board holds full trials and adjudicates complaints by employees, includlng appeals of suspensions and eomplaints concerning the tegality of civil service examinations and appointments. Now, what the -- they have subpeona powers. It's klnd of like a mini-eommerce commission, in a way, or a workers' comp board. Right now, the Chairnan receives a salary of fifteen thousand. The other Board members receive a salary of twelve thousand five hundred. This compensation has been at this level since 1985. They are requesting that the -- We authorize them, if they wish, to pay them an additional twenty-five hundred dollars per year. In addition: the report also contains soae very mild language dealing wlth buying products made in America. It says basieally that in determining whether a bidder is responsible, they should take that into consideration. So, it's not -- there 's no mandate or anything like that. It's just kind of like a mild recommendation. Be happy to answer any questions, and urge an Aye vote.

PRESIDING OFFICER (SENATOR LCCHOWICZ)

PRESIDING OFFICER: (SENATOR LCCHOWICZ) Is there any discussion? The question is, shall the Senate adopt the Second Conference Committee Report on Senate Bill 678. Al1 in favor, vote Aye. A1l opposed, voke Nay. The voting is open. Rave al1 voted who wish? Have al1 voted who wish? John? John, give me an Aye. Have all voted who wish? Have a1l voeed who wish? Please take the record. On this question, there are 33 Ayes, 21 Nays; none recorded as Present. And the Senate does not adopt the Second Conferenee Committee Report -- I'm sorry. And the Senate does adopt the Second Conference Committee Report on Senate Bill -- on Senate Bill 678. This bkll, having received the constitutional majority, is hereby declared passed. Senator 19 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislatîve Day July 11, 1991 Davidson. No# according to the Parliamentariany it only required 30 votes. Senator Davidson.

SENATOR DAVIDSON

Questkon - does it have an immediate effeetive date or not?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) It has no

SENATOR DAVIDSON

Tben it doesn't 9o into effect untkl July 192.

PRESIDING OFPICER (SENATOR LECHOWICZ)

PRESIDING OFPICER: (SENATOR LECHOWICZ) That is correct.

SENATOR DAVIDSON

Thank you.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) It's a patient group. It's hereby declared passed on Senate Bill 678, Second Conference Committee Report. 908. Out of the record. 972. Senator Walsh. Out of the record. 999. Senator Daley. Read the bill, Madam Secretary.

Linda Hawker

First Conference Committee Report on Senate Bill 9-9-9.

PRESIDING OFFICER (SENATOR LECHOWICZ)

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

SENATOR DALEY

Thank you, Mr. President and Members of the Senate. The Pirst Conference Committee Report on Senate Bill 999 Would require the defendant charged in a sex offense, upon motion of the victim, to submit to an HIV test and would require the court to keep these results eonfidential and to determine who may receive the results. The thrust of this Section is to protect the victim rights, namely addressing the coneerns and dangers of AIDS transmittin: during a sexual assault. The time between the arrest and trial can be as long as four years. And many fear that it -- it is a travesty to require a victim to wait that long for for an HIV test 20 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l, 1991 information -- reqarding the assailant. The second part of the Conference Committee Report is offered not as a Democrat or a Republican or a liberal or a conservatkve. but ët's for the public health of this State. And What it does - Would require the Department of Hea1th to investigate a report of a subject with HIV or AIDS that may present, or has presented, a possible risk of transmission: to investiqate that person's contacts eo assess the potential risk of transmisslon. If -- if the Department of Public Hea1th determines the potential risk of HIV transmission exists, or may have existed, the subject shall have the opportunity to submit any information and comment on the proposed actions the Department of Publie Health intends to take With -- With respect to the subject contacts. It provides the subject of the report the opportunity to notify subject contacts at risk of transmission prior to the Department of Public Hea1th actions. If the subject declines to notify contacts or if the Department determines khe notices are inadequate or incomplete, the Department shall notify the persons at potential risk and offer testinq/counseling services to the individuals. The -- the coneact shall be informed of the dlsclosures provisions of the AIDS Confidentiality Act. It defines invasive procedures as those procedures termed invasive by the Federal Center for Disease Control in current guïdelines or recommendation for the prevention of HIV transmtssion in the health care setting. It defines health care provider as a physieian, dentist, podiatrist, nurse, or any other person provkding health care servtces ot any kind. Information and records shall be subject to -- to the same pravlsions of medical studies When -- and they are the followàngr when made witb the consent of all parties; when authoriaed to be released under court subpoena or order; when made by the Department of Public Health for the purpose of seeking a karrant authorized by this Act. Such disclosures shall conform to the requirements of the risk 21 STATE OP ILLINOIS 87th CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July ll, 1991 assessment of this Act. It allows information to be -- be released under the Confidentiality Act, when made to persohs determined by the Department of Public Hea1th to have been at potential risk of the HIV transmission. I'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR LECHOWICZ)

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

SENATOR RAICA

Question of the sponsor, Mr. President.

PRESIDING OFPICER (SENATOR LECHOWICZ)

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

SENATOR RAICA

Senator Daley, the -- What you had just recited to us regarding the Department of Public Hea1th -- does that pertain to physicians and other health care professionals in the chance that they may have the AIDS virus?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Well, let me get leave of the Body to have Maureen O 'Connor from the Bloominqton Pantagraph to have leave to photograph the Senate Chambers while we are in Session. Hearing no objection, leave is granted. Senator Daley, to respond.

SENATOR DALEY

Yes, Senator. A1l medical providers.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Raica.

SENATOR RAICA

ïou stated a11 medical provtders - that kncludes physicians, nurses. Can you -- do you have a list of who they are there, or# I mean, do We know ...

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Daley.

SENATOR DALEY

22 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislatkve Day July l1r 1991 Yes, Senator. It -- states that -- defined health care provider as any physician, dentistr podiatrist: nurse, or any other person providinq health care services of any kind.

PRESIDING OFFICER (SENATQR LECHOWICZ)

PRESIDING OFFICER: (SENATQR LECHOWICZ) Senator Senator Jacobs.

SENATOR JACOBS

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

PRESIDING OPFICER (SENATOR LECHOWICZ)

PRESIDING OPFICER: (SENATOR LECHOWICZ) Indicates he will.

SENATOR JACOBS

Senator, in our analysis, talks about invasive procedures. Por the matter of legislative intent, could you define invasive procedures?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Daley.

SENATOR DALEY

Yes, Senator. Invasive procedure is defined as a surgical entry into tissues, cavities or orqans, or repair of any major traumatic injury, in an operating or delivery room, emergency department, outpatient setting, includinq both physicians' and dentists' offices. If would -- also goes on to catheterization and angiographic procedures, a vaginal or cesarean delivery or any other invasive OB procedure during Which bleeding may occur; the manipulation, cutting, or removal of any oral tissues during -- t00th structure durlng whàch bleeding occurs or the pokential of bleeding exists.

PRESIDING OFFICER (SENATOR LECHOWICZ)

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

SENATOR GEO-KARIS

Mr. President and Ladies and Gentlemen of the Senate. -- I 23 STATE OF ILLINOIS 8?th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislatkve Day July l1, 1991 speak in favor of the passage of this bill, and move for its concurrence. I think it is very important. think certainly if there's a rape victim, she certainly should know what's happened and what her condition is gokng to be: if there is a possibilkty of AIDS. And 1 certainly think we should look into all of our medical providers and help the people, because we are vested with the duty of protecting the health and welfare of the citizens of Illtnois. And I speak ln favor of concurrence.

PRESIDING OFFICER (SENATOR LECHOWICZ)

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

SENATOR MAROVITZ

Thank you very much, Mr. President. A couple questions.

PRESIDINC OFFICER (SENATOR LECHOWICZ)

PRESIDINC OFFICER: (SENATOR LECHOWICZ) Ind'ieates he'll yield.

SENATOR MAROVITZ

Senator: in your opinion, why is the -- why is this amendment necessary?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Daley.

SENATOR DKLEY

In my opinion, Senator, and according to the Department of Fublic Hea1th, the provision of the AIDS Confidentiality Act effective prohibits the Department from informing the patients of an HIV- gr AlDs-infected bealth care worker wtthout the health care worker permission. PRESIDING OFFICERZ (SENATOR LECHOWICZ) Senator Marovitz.

SENATOR MAROVITZ

Senator Daley, one of the things that I kas concerned about is - does this Conference Committee Report expand the current eontact traeing that is allowed under the Illinois Sexually Transmissible Disease and Control Act? 24 STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 66th Legislatkve Day July 1991

PRESIDING OPFICER (SENATOR LECHOWICZ)

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Daley.

SENATOR DALEY

7es, Senator. This would classify the performance of invasive procedure as a mode Eor potential transmkssion, and authorize the Department to notify contacts of health eare workers who perform invasive procedure with HIV or AIDS.

PRESIDING OPFICER (SENATOR LECHOWICZ)

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Marovitz. SENATOR MAROVITZI As a result of the language on Page 2, line 10, ''A1l ccntacts other than Ehose defined in subsection (c) shall be investigated in accordance with Section 5 of this Act.'' Does that mean that this Conference Committee Report is really only dealing with the invasive procedure situation as defined by the Center Por Disease Control, and therefore extends to really patients Who have been treated by physicians who have tested positive or who have HIV or who have AIDS, or physicians where patients have tested pcsitive and an tnvaskve procedure has been performed on that patients by the doctor? So it's -- it's a health care lnvasive procedure bill only, and does not extend further or allok contact tracin: further beyond the -- the medieal process of determininq who has been treated on the lnvasive procedures situation.

PRESIDING OPFICER (SENATOR LECHOWICZ)

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Daley.

SENATOR DALEY

Yes, Senator. This is that -- the major thrust of the bill, and it is the language that you requested.

PRESIDING OPFICER (SENATOR LECHOWICZ)

PRESIDING OPFICER: (SENATOR LECHOWICZ) The Gentleman from McLean, Senator Maitland. Maitland, please.

SENATOR MAITLAND

25 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July ll, 1991 ehank you very much, Mr. President and Members of the Senate. A question of the sponsore if -- tf -- if he'll respond.

PRESIDING OFPICER (SENATOR LECHOWICZ)

PRESIDING OFPICER: (SENATOR LECHOWICZ) Indicates he Will.

SENATOR MAITLAND

Senator Daley, I -- I know youfve put a lot of effort in this, and I -- I don't think *he cost of this has been talked about. wonder if you have a feel for the annual cost?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senaeor Daley.

SENATOR DALEV

Senator, I've been given a couple of fiqures. I Was given by the Department that it would -- the estimate -- they estimate the cost to -- the cost of each contact made by the Department would be forey to fifty -- fifty dollars to contact each individual, and that seems very high to me. I mean, either through a phone call or a -- in the mail, it seems an extremely high-cost item , and I I don't knoW where they get their figures: but I think the cost of -- of that is insignifieant to the cost and the safety that wefre providing the people of this State who would -- might be infected with AIDS.

PRESIDING OFPICER (SENATOR LECHOWICZ)

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Maieland.

SENATOR MAITLAND

Thank you, Mr. President. Senator, I think many of us are kind of between a rock and a hard place on this one. The figures that I get from the Department indicate for the first year, roughly *en million dollars, and I -* 1, like you, don't know how accurate those figures are, but -- but they concern me. And We have been about khe process the last feW days of aktempting to -- to balance this budget, and I'm wondering if that's going to be a ten-million-dollar hit on a budget that we are already having a 26 ! STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l, 1991 i difficult time balancing. ! j PRESIDING OFFICER: (SENATOR LECHOWICZ) E Senator Daley. SENATOR DALEY: Okay. Senator, I had that concern too, and that -- that is assumin: that two hundred and eighty two doctors and dentists have AIDS. I -- I could not get the exact number from them. And they have changed this figure eonstantly. They even opposed the initial part of the bill. even When it Was a requirement for a testing of a woman who had been raped, that they would have to have that person tested - kho raped her - to be tested for AIDS. PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Dupage, Senator Karpiel. ' SENATOR KARPIEL: Thank you, Mr. President. Well, I stand in strong support of this bill. I realize that we have a new administration and a new Dkrector of the Department of Public Health. But very frankly, over the last several years, everything We've tried to do about the AIDS problem , the Department of Publkc Health has been opposed to. I remember several years ago when Senator DeAngelis had a contact tracking bill that they violently opposed, and the best thing they could come up with Was some kind of a dirty son: to tell people to have safe sex. As I say, I know it's not this Department and not this Direetor, but I think in this instance, we should just follow our own opinions and vote for this bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Cook, Senator Kelly. SENATOR KELLX: Thank you, Mr. President. Along the line of Senator Marovitz's inquires, I'd like to know if this does apply to other areas besides health care providers. According to What I read, it appears to me that if you worked in a restaurant, you'd be 27 STATE OF ILLINOIS 87*h GENERAL ASSEMBLï REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l# 1991 subjectz and Ehe Department could if they thought that the health and welfare of the general public was involved - they could be knvolved in -- in this area, and they would be subject to it. And I'd like to know if that Would apply. PRESIDING OFFICER) (SSNATOR LECHOWICZ) Senator Daley.

SENATOR DALEX

Senator, this bill specifically provides to only health care providers. The lawy I underseand, presently alloœ for contacts and that -- your concern might be addressed in another part of -- of the laW that is current law. But this provides for only health -- health care providers.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Kelly.

SENATOR KELLY

Well, one final comment. I think it ought to go above and beyond health care providers. I think if people have AIDS and they are dealing with the publkc: they ought to be covered, and we ought to be looking at it. And I -- 1111 support this, but think it ought to go further.

PRESIDING OPPICER (SENATOR LECHOWICZ)

PRESIDING OPPICER: (SENATOR LECHOWICZ) The Laly from Cookg Senator Topinka.

SENATOR TOPINKA

Yes, Mr. President: Ladies and Gentlemen of the Senate. I know that Senator Daley has worked very hard on this. I know we have been ln contacted -- contact on numerous occasions in putting some of the pieces together. I think it's probably the best that it can be, all things considered, and it's something we should al1 support. I think it -- it is kind of a -- a direct result of the Nokomis situation that, of course, has plagued -- Springfield bere for the last two or three weeks. I think Wedve seen some excellent efforts done by Representative Hasara on that front. 28 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July ll, 1991 And this really qets down to -- to# I think, a matter of the public trust, what it can expect from its health care providers. The Illinois State Medical Society has been involved; it is l supportive of this. I know the Illinois State Dental Society has been involved; it is supportive of tbis. Everyone has aome together to try and come up wikh khe best possible solution to addressing ehis issue. It is qood. It is worthy of our support.

PRESIDING OPPICER (SENATOR LCCHOWICZ)

PRESIDING OPPICER: (SENATOR LCCHOWICZ) The Gentleman from Cook, Senator Daley, to close.

SENATOR DALEY

Simply, Mr. President, I would like to thank the Members on the other side of the aisle for their support of this bill: and ask for a favorable vote on the Pirst Conference Committee Report on Senate Bill 999.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall the Senate adopt the Pirst Conferenee Committee Report on Senate Bill 9-9-9. Those in favor, vote Aye. Those opposed: vote Nay. The voting is open. Have al1 voted Who Wish? Have all voted who wish? Please take the reeord. On this question, there are 53 Ayes: no Nays, 2 reeorded as Present, and ehe Senate does adopt the Pirst Conêerence Pommittee Report on Senate Bill 999. This bill, havinq received the constitutional maj l ority, is hereby declared passed. Senate Bill 1006. Senator j Holmberg. Out of the record. 1171. Senator Demuzio. Read the I j I Conference Commtttee Report, Madam Secretary. l SECRETARY ZAWKER: I i Second Conference Committee Report on Senate Bill 1171. 1 I PRESIDING OFFICER; (SENATOR LECHOWICZ) I senator Demuzio l I . j SENATOR DEMUZIO: l Thank you very much, Mr. President and Ladies and Gentlemen of I I the Senate. 1171 -- the First Conference Committee Report had a l 1 I I 29 r STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July ll, 1991 number of proposals that are already on the Governor's desky and 1 will simply suggest to you that they include -- that are no longer in this eonference committee permitting grants to public libraries and library systems to be made for planning and construction that's already on the Governor's desk. Requiring the Commission on Intergovernmental Cooperation to conduct semiannual hearings to review the State mandate information - that is already on the Governor's desk. Requires an equitable number of restroom facilities for men and women in a11 newly construeted buildings - it is on the Governor's desk. Prohibits the Lottery advertisements suggesting that sueeess is more likely to be achieved through the Lottery - that is no longer in here; that is on -- I think that is on the Governor's desk. beg your pardon. The Lottery is opposed to that provision. It is still in here. I'm sorry. We took it out. It's out. Deletes the provision requiring CMS eo establisb gutdelines for fiscal control, et cetera, so forth, and what have you. And 1et me tell you what basically is -- is in 1t. And I want Senator Jacobs to listen very earefully to this toop because I want to . 'speak dàreetly to you. I think everything that is currently proposed in this amendment is noncontroversial except there is some discussion with respect to one provision, and that provision is allowing for I'm sorry -- allowing -- expanding the dependent coverage to include nineteen- to tWenky-khree-year-old, full-time students who are not claimed as dependents for purposes of State taxes because of student financial aid. It would expand the dependent coverage in health insurance to include nineteen- to tkenty-three-year-olds who are full-time students who are not claimed as dependents because of some student financial aid. The rest -- I don't knoW of any opposition with respect to the rest of this bill. I know there are some questions with respect to this provision, and I would aBk -- or answer any questions. 30 STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESEION SENATE TRANSCRIPT 66th Legislaeive Day July 11, 1991

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The Gentleman from Whiteside: Senator Schuneman.

SENATOR SCHUNEMAN

Thank you: Mr. President. This bill is really a conglomeration of things, and I'm sure the sponsor has agreed that it is. It's very difficult to understand completely everything that's in here. The one provision that think is Wrong is the one dealinq with the State employees' group insurance. You know, we're going to ask -- on later bills, wedre going to ask State employees to contribute more to tbeir group insurance. We 're going to force them to take higher deductibles under group insurance, and now this bill would expand benefits to only a very limited number of people. And as I understand what ehis bill does, State employees, first of all, have coverage for dependent ehildren beyond the age of nineteen, up to age twenty-four, if they're full-time students. The reason this proposal comes forward is that there are some students who say that they are emancipated, that they are no longer dependents of eheir parents; and in some instances, that's true. But I know there are also a 1ot of instances where the only reasons they do that is so that the parents' income doesn't have to be counted when those students apply for grants-in-aid. To some extent, there is a certain amount of game-playing that's going on with that issue, and I think this plays right into the hands of those people who, for one purpose, say, ''We are not dependent upon our parentsy'' but when it comes to State insurance, ''We are dependent on our parenks.'' So they want to play by the same rules for both the grants and the question of benefits for insurance. The CMS estimates that the cost of this is something like a million dollars in this year When we don't have an extra million dollars. I really think this proposal should be delayed, and we ought to reject this Conference 31 STATE OF ILLINOIS 87th GEHERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July l1# 1991 Committee Report, take this provision out, at least this year.

PRESIDING OPFICER (SENATOR LECHOWICZ)

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

SENATOR DAVIDSON

Question of the sponsor.

PRESIDING OPFICER (SENATOR LECHOWICZ)

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

SENATOR DAVIDSON

Senator Demuzio, understand this Conference Committee has House Bi11 1309 in it, in its entirety, which: wben was before the Senate State Government Adminlstration Committee , it was sent to a subcommittee on a motion from Senator Leehowicz and Senator -- seconded by Senator Dudycz and had bipartisan - I remember correctly - almost unanimous support. Can you explain why a bill khich was held in subcommittee for study with ten or twelve House bills has now suddenly ralsed its ugly head in thls Conference Committee? PRESIDING OFFICER; (SENATOR LECHOWICZ) Senator Demuzio.

SENATOR DEMUZIO

Xes, I can tell you and thought gave you that explanation during the course of my opening. With respeet to Amendment No. 2, which is What you lre referring to, a number of those bills are already on the Governor's desk, or those bills that Were opposed, for example by the Lottery, we took out. And therefore, I think the controversial parts that were objected to are no longer in this bill.

PRESIDING OPFICER (SENATOR LECHOWICZ)

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senatcr Davidson.

SENATOR DAVTDSON

Well, I think this bill -- khis Conferenee Committee contains like thfrty-some odd bills that have either been rejected, held or 32 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July l1# 1991 otherwise or defeated by either the House or the Senate or both. And I think this is a good No vote.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio, to close. I'm sorry. Senator Severns. Senator Severns.

SENATOR SEVERNS

Thank you, Mr. President, Members of the Senate. If the bill contained the very concerns that Senator Davidson just raised, too would rise in opposition to this Conference Committee Report. The niee thing about this Conferenee Committee Report is that it contains the very bills that we in the State Government Qrganization and Administratlon Committee were supportive of, not that one big bill that contained the thirteen or fourteen or fifteen bills a1l rolled into one. It contains languaqe on the COP, lanquage that was offered on my bill that Director Schnorf proposed as a compromise. My bill would have eliminated it. This is a reasonable compromise. The bill, as it stands nowr is a good bill, and one that our Committee has been supportive of. doesn 't contain some of the qess supportive items that -- that we originally took doWn. I Would urge an Aye vote.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Adams, Senator Donahue.

SENATOR DONAHUE

Thank you, Mr. President. 1, too, rise in opposition to this, only because it's got fifty percent of the bills heard in some of the committees. It's a huge conglomeration of thinqs, and I think, at this time of the year: it's a safe No vate.

PRESIDING OFFICER (SENATOR LECHOWICZ)

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

SENATOR DEMUZIO

Well, thank you, Mr. President. Le* -- 1et me assure ycu that all of the controversial aspects of those bills that are being 33 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 11, 1991 referred Eo are no longer in this Conference Committee Report. They are either eliminated or those have passed out of other committees and currently repose on the Governor's desk. Let me talk to Senator Schuneman's point for a momentz if I might. You know , the Central Management Services, as you've indicatedz has estimated that the cost - or the liability here - is about l.l million dollars. Howeverz there are those Who eontend that this is an artificially high estimate: because the Department used the highest cost for dependent coverage, which is about nine hundred dollars per year for the high option coverage, for one dependent in their estimate. Let me suggest to you also that present law diseriminates against lower- and middle-income families whose children must accept financial a1d to afford the skyrocketing cost of higher education. Therefore, these families should not be handicapped by loss of health insuranee covered for these children. I think this is right and proper for us to do. So it does, in fact, expand the coverage for the nineteen- to twenty-four-year-olds for those indlviduals that are in sch/ol, that are -- claim to be-emancipated, but the reason that they are doing it is simply because of the fact that they need financial aid. I think it's a good bill, and ought to be supported.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall the Senate adope the Second Conferenee Committee Report on Senate Bill 1171. Al1 in favor, vote Aye. Al1 opposed: vote Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Please take the record. On this question, there are 29 Ayes, 18 Noes, 8 recorded as Present. And the Senate does not adopt the Second Conference Commieeee Report on Senate Bill 1171. This Conference Committee is not adopted, and the Secretary shall so inform the House. Postpone? And this Senate Bill 1171 Conference Committee Report is defeated. Senate Bill 1227. Senator Marovitz. Read the Conference 34 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July ll# 1991 Committee Report, Madam Secretary.

Linda Hawker

First Conference Committee Report on Senate Bill 1227.

PRESIDING OPFICER (SENATOR LECHOWICZ)

PRESIDING OPFICER: (SENATOR LECHOWICZ) Gentleman from Cook: Senator Marovitz. SENATOR MAROVITZ; Thank you very mueh, Mr. President and Members of the Senate. Senate Bill 1227 expands and clarifies the definition of ''nuisance'' in relation to drugs. It establishes a presumption that drugs were used by a lessee when found on the premises; provides that a landlord cannot be used for evicting a tenant under the nuisanee provisions unless the eviction was made in bad faikh. This is -- ehis bill is going to allow people to go after dru: and crack houses in the community under the Nuisance Law . It's an agreement that's been worked out between khe State's Attorneys and the Realtors. The bill strengthens the State's ability to proceed under the Nuisance Aet. The State's Attorney has reeently beiun utilizing the Nuisance Act to sbut down drug and crack houses. Local neighborhood.groups are very supportive of this initiative in an attempt to try and clean up their oWn neighborhoods from drug houses. The bill allows a landlord to evict kenants who are involved With drugs: and protect that landlord from countersuit if the evlction was the result of police information. A very important provision is that it alloks the lessor or the owner of the property to assign their right of evietion to the State's Attorney so as to remove any fear of reprisal a landlord may have if he would evict the tenant. This bill passed Ehe House oriqinally 59 to -- Senate, rather, 59 to nothing. The Conference Committee has passed the House 113 to nothing, and I would solieit your Aye vote.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any diseusslon? Question is, shall the Senate adopt the First 35 STATE OF ILLIHOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 11, 1991 Conference Pommittee Report on Senate Bill 1227. A1l in favor, vote Aye. All opposed, vote Nay. The voting is open. Have al1 voted kho wish? Have all voted who wish? Please take the record. On this question, there are 55 Ayes, no Nays, none recorded as Present, and the Senate does adopt the First Conference Committee Report on Senate Bill 1227. This bill, having received the constitutional majority, is hereby declared passed. Senate Bill 1310. Senator Schuneman. Read the Conference Committee Report, Madam Secretary.

Linda Hawker

The First Conference Comnittee Report on Senate Bill 1310.

PRESIDING OPFICER (SENATOR LECHOWICZ)

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

SENATOR SCHUNEMAN

Thank you, Mr. President and Members of the Senate. Senate Bill 1310 contains two clean-up provisions in conneetion with some insurance bills that were passed earlier this Session. It only contains two changes, actually. One of them has to da With the assessmene funding bill that we passed this year for the Department of Insurance. And this Conference Committee contains some clean-up language that we agreed to, requested by Senator Berman. And the other provision in the bill has to do with the -- an exemption requested by John Deere for the in vitro fertilization bill, and in effect, what this does is exempt their employee trust. In the cases where that trust is used to issue certificakes in other cases, the in vitro fertilization provisions Will not apply. Both and -- and this is a provision requested by Senator Jacobs, as I understand it. And that's basically al1 thae's in this bill.

PRESIDING OPFICER (SENATOR LECHOWICZ)

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any discussion? Gentleman from Cook, Senator Raica.

SENATOR RAICA

36 STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l, 1991 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Question of the sponsor.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates hedll yield.

SENATOR RAICA

Senator Schuneman, does this affect -- my understanding is this only affects out-of-state insurance companies, as far as in vitro fertilization, and does not affect any HMOs currently in the State of Illinois, which are from the State of Illinois. Is that correct?

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

SENATOR SCHUNEMAN

This does not affect any HM0s. It does affect an insuranee arrangement Within the State of Illinois, but only those Where certificates are issued to out-of-state insureds. In other Words, they 're not willing to this coverage -- this in vitro fertilization coverage is not required in a11 states. So consequently, if they are required to put this coverage .in the policy, they become noncompetitive to some extent in other states, and therefore, theylve requested this exemption.

PRESIDING OPFICER (SENATOR LECHOWICZ)

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Jacobs.

SENATOR JACOBS

Thank you, Mr. President. I stand in strong support of this leqislation. But for some leqislative intent, in Ehe Seetion of this Conference Committee Report conkaining the exemption for coverage to nonresident certificate holders: the report refers to that coverage mandated by Section 356m of the Insurance Code. Is it your intention that Section 356m refer only to infertility coverage, as passed in House Bill 1470?

PRESIDING OPFICER (SENATOR LECHOWICZ)

PRESIDING OPFICER: (SENATOR LECHOWICZ) 37 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 11# 1991 Senator Schuneman.

SENATOR SCHUNEMAN

Answer is yes.

PRESIDING OFFICER (SENATOR LECHOWICZ)

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

SENATOR DEMUZIO

Yes, I -- I too have some questions about this bill. But -- I'm more concerned about Howard Brookins over there with Pate Philip. Howard? Howard? Howarde come on home. Come on ollie, ollie: oxen -- eome on back. Okay. Thank you very much.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) He misses Roger Roger Keats. Are you baek home: Howard? Senator Schuneman, what purpose seek recognition?

SENATOR SCHUNEMAN

Well, it's my understanding that Senator Brookins was being held as a hostage until this bill had passed. And I'd appreciate if you'd come back over here We :et this bill ouk of here.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) We don't belleve in any hostages.

SENATOR SCHUNEMAN

If -- if there are no...lmachine cutoffl...

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.

SENATOR SCHUNEMAN

no other questions, Mr. President, ... simply ask for a favorable roll call.

PRESIDING OFFICER (SENATOR LECHOWICZ)

PRESIDING OFFICER: (SENATOR LECHOWICZ) Okay. The question is: shall the Senate adopt the Pirst Conference Committee Report on Senate Bill 1310. All in favor, vote Aye. All opposed, vote Nay. The voting is open. Have all voted who Wish? Have al1 voted who wish? Please take the reeord. On this question, there are 54 Ayes: 2 Nays: none recorded as 38 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July ll, 1991 Pzesent. And the Senate does adopt the First Conference Committee Report on Senate Bill 1310, and this bill, having received the constitutional majority, is hereby declared passed. 1393. Senator Marovitz. Out of the record. 1471. Senator Jones. Read the Conference Committee Report, Madam Secretary. SECRETARY HAWKER : First Conference Committee Report on Senate Bill 1471. PRESIDING OFFICER: (SENATOR LECHOWICZ) Geneleman from Cooky Senator Jones. SENATOR JONES: Yeah, thank youz Mr. President and Members of the Senate . move that the Senate adopt the First Conference Committee Report on Senate 3il1 1471. It eontains the provision for the Dupage Airport Authority, and it reduces the tax levy from .075 to .025 Ksic> (.0025) of assessed valuation. It allows the Authority to adopt approprlation ordinance prior to the beginning of the fiscal year, and excludes from the territory the Metropolitan Airport Authoriey that portion of Sehaumburg Village which is loeated Dupage County. This is at .thez.-request of Representative Ray Wojcik this provision. Also, it contains in there the legislation to allow those persons who have a Class A driver's license to drlve a vehicle up to twenty-six thousand pounds. And what that does is that this legislation was before us before, but there Was a misunderstanding, and the misunderstanding that these were very large vehicles. But the vehieles are not very large. They are smaller than most of the motor homes Ehat you see on Ehe roads today, and all you need is a Class A driver's license to drive a motor home. So, one Who Wants to move their family belongings should be able to drive these vehicles. And I ask for a favorable vote. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The Lady from Dupaqe: Senator Karpkel. 39 k STATE OF ILLINOIS 87th GEHEZAL ASSEMBLX REGULAR SESSTON SENATE TRANSCRIPT 66th Legislative Day July ll, 1991

SENATOR KARPIEL

Well, thank you, Mr. President. Senator Jones, I know you said that there was the -- there was language in here for the Schaumburg Airport, but my analysis says the provisions of this amendment have been placed in another conference committee report. Does that mean that they perhaps thlnk this one might not pass, or does that mean that that provision is no longer in this bill? Are you sure it's in here?

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

It is still in this bill. And you know: as the sponsor of the bill: always sponsor bills that pass. I'm quite eertain you would be on the board. I don't know anything about any other bill.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senaeor Karplel.

SENATOR KARPIEL

Well, thank you. Then I think itls.a veryigood bill, and 1111 certainly supporE

PRESIDING OPPICER (SENATOR DEMUZIO)

PRESIDING OPPICER: (SENATOR DEMUZIO) Further dlscussion? Senator Leverenz.

SENATOR LEVERENZ

The sponsor yield?

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Indicates he will yield . Senator Leverenz.

SENATOR LEVERENZ

The moving and storage industry is very interested, and believe the question I have for you is it true that the bill failed the last time the driver's license issue came around?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones. 40 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1991

SENATOR JONES

Well, let me answer this in this manner. What this -- that provision you talked about as it relate to the -- the trucks and twenty-six thousand pounds - what this does primarily is bring the State of Illinois into conformity with the other forty-nine states in the country, and that is simply that you want to move your belongings you should be able to drive that vehicle. And these vehicles, Senator Leverenz, are in many instances much smaller than the motor homes that you see up and down the highways in our community, and a1l you need is a Class A driver's license to drive those. So therefore, the self-interests of the moving industry is something that we should not concern ourselves w1th. We should concern ourselves with letting our citizens be able to do what other citizens can do throughout the State of Illinois.

PRESIDING OFPICER (SENATOR DZMUZIO)

PRESIDING OFPICER: (SENATOR DZMUZIO) Senator Leverenz.

SENATOR LEVERENZ

And to one other provision of the bill -- or the Conference Committe: Report -- it discusses or goes to the bondin:- authority of the Dupage County Airport. Is this undercover eaps or -- caps or traps?

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

Well, when you mention caps, I think about Senator DeAngelis and thls language he uses. But no, what it does is lower the -- the tax -- *ax rate from .075 ko a .025 isicl (.0025). Matter of fact. it reduces the tax in that area. I think Senator Philip would like that, you know. But also it exempts Schaumburg Village from the Dupage Airport Authorlty. They Wanted to be out fron the taxing authority ln that area.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 41 ETATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l, 1991 Senator Leverenz.

SENATOR LEVERENZ

Then, if you reduce what khey ean levy in specific areas or remove certain towns don't know that they're going to spend less - tben shifts it -- it shifts -- the taxing or revenue has to then come from another area. And where Would the money came from to fill the void that this provision Would have the reverse action of providing?

PRESIDING OFFICER (SENATOR DEMDZIO)

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Jones.

SENATOR JONES

Well -- well, one of the things is this - I don't think that it does any shifting as such. What it is is that it reduces the levy simply because the real property of the Dupage Airport Authority is such that, with the development, they no longer need ehat amount of tax levy in order to maintain that Airport. And so, therefore, by reducing the levy from .075 to .25 Ksic> (.0025), then it is -- it is eonsistent With what they need, and with the development that's going in the area, gives them enough revenue to do the necessary job they do. Therefore, that's the reason why it's being reduged. It's not shifting anything to anyone.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Jones, you wish to close? The -- Senator Jones.

SENATOR JONES

Yes, just ask for a favorable vote on the Conference Committee Report.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Question is, shall the Senate adopt the Pirst Conference Committee Report on Senate Bill 1471. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who 42 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Le:islative Day July 1991 wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 35, the Nays are l4, none voting Present. The Senate does not adopt tbe First Conference Committee Report: and the -- Senator Jones.

SENATOR JONES

Well, it doesn't have an immediate effective date. So, therefore, Mr. Presidentr I believe that...

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) The Parliamentarian indicates to me that in fact, does have an immediate effective date, Senator Jones. Do you wish to have it postponed or -- Senator Jones.

SENATOR JONES

Well, the way I read the -- this shall take place -- effect upon becoming law. NoW, is that an immediate effective date?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones, do you postpone, or do you request a Second, or Senator Jones requests Postponed Consideration. Postponed Consideration, Madam Secretary. All right. Senator Roek. SENATOR ROCKJ Thank you, Mr. President. We have now been through the Calendar. I understand a number of other reports have been filed. We will have, later today, a Supplemental Calendar for our consideration, but I Would move that the Regular Session stand in recess until the hour of four-thirty. There is another meeting seheduled with the Governor this afternoon. Hopefully' we ean make some progress. Four-thirty for the Regular Sesslon.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) A1l right. The Regular Session will stand adjourned in reeess until the hour of four-thirty. (RECESS) 43 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislatkve Day July 1991 (FIRST SPECIAL SESSION) (See First Special Sesston Transcript) END OF TAPE TAPE 2 (SENATE RECONVENEG)

PRESIDENT ROCK

Senate will please come to order. The Secretary has distributed the Supplemental Calendar. Ild turn your attention to the Supplemental Calendar. Supplemental Calendar No. On the Order of Secretary's Deskz Concurrence, Senate Bill 1421. Messages from the House.

Linda Hawker

A Message from the House by Mr. OfBrien, Clerk. Mr. President am 'directed to inform the Senate that the House of Representatives has refused to reeede from their Amendment No. 30 to a bill of the following title. to Wi*: Senate Bill 445. I am further dlrected to inform the Senate that the House of Representatives requests a First Committee of Conference to consider tbe differences of the twc Houses in regards to their amendment to the bill. Action taken by the House, July 10, 1991.

PRESIDENT ROCK

A1l right. Senator Joyce Will move that the Senate accede to the request of the House for a conference committee. All in favor of that motiony indicate by saying Aye. A11 opposed. The Ayes have i*. Motion carries. Messages from the House. 44 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 11, 1991

Linda Hawker

A Message from the House by Mr. O 'Brienr Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred With the Senate in the passage of a bill of the following title, to wit: Senate Bill 1421 with House Amendments 2, 3 and 4. Passed the House, as amended, July 1l, 1991.

PRESIDENT ROCK

Secretary's Desk, Concurrence. Resolutions, Madam Seeretary.

Linda Hawker

Senate Resolution 680 offered by Senator Severns. It is congratulatory. And Benate Joint Resolueion 87 offered by Senators Dehngelis - - by Senator DeAngelis. is also eongratulatory.

PRESIDENP ROCK

senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. I kould.ask for leave to suspend the rules for immediate conslderation of Senate Joint Resolution 87, Which is a congratulatory resolution.

PRESIDENT ROCK

Al1 risht. The Gentleman is moving to suspend the rules for the immediate consideration and adoption of Senate Joint Resolution 87, a congratulatory resolution. A11 favor of the Motion to suspend, indicate by saying Aye. Al1 opposed. The Ayes have it. The rules are suspended. Senator Dehngelis now moves the adoption of Senate Joint Resolution All in favor, indicate by saylng Aye. A11 opposed. The Ayes have it. And the resolution is adopted. A1l right. Supplemental Calendar No. 1y Ladies and Gentlemen. On the Order of Secretary 's Desk, Concurrence, Senate Bill 1421. Madam Secretary. 45 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 11, 1991

Linda Hawker

House Amendments 3 and 4 to Senate Bill 1421.

PRESIDENT ROCK

Senator Luft.

SENATOR LUFT

Thank you, Mr. President. I'd ask that the Senate non-eoneur in House Amendments No. 2, 3 and 4.

PRESIDENT ROCK

Senator Luft moves to non-concur in House Amendments 2: and 4 to Senate Bill 1421. All in favor, indicate by saying Aye. A11 opposed. The Ayes have The motion carries, and the Secretary shall so inform the House. On the Order of Conference Committee Reports, House Bill 9-2-7. Senator Cullerton. Madam Secretary , please.

Linda Hawker

First Conferenee Committee Report on House Bill 9-2-7.

PRESIDENT ROCK

Senator Cullerton.

SENATOR CULLERTON

Thank you, Mr. President and Members of the Senate. Conference Committee Report No. l on House Bill 927 is simply a combination of bills that have al1 passed either one House or the other. The -- the original bill, whieh is included, has already passed the Senate. That deals with the Water Reclamation District, and lt's something which we already passed out of the Senate. It was the subject matter of House Bill 927. In addition, we have the text of Senate Bill 922, which was Senator Rigney's bill: Which: again, passed the Senate, believe, and was held -up in the House. That deals with the issue of referendum . The inten: is to standardize petition requirements for backdoor referenda among all units of local government. Currently, the petition filing time frames and signature requirements may vary 46 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July ll, 1991 across jurisdictions. We alsa have a -- this Conference Cammittee also addresses an interesting situation -- deals with the Villaqe of Crestwood. They have a problem there they have too mueh money. They have amassed surplus funds as a result of an industrial property being annexed to its tax rolls, and current 1aw does not specifically authorize reimbursement of these surplus funds. And I believe thak may have been Senator Joyce's bill, Senate Bi11 6-1-6, or perhaps Senator Mahar's bill, House Bill 516. In either case, there's also one other bill that is included in this Conference Committee Report. It deals with the issue of municipal clerks making avallable mlnutes of the city couneil for publie inspectlon. We passed Public Act 86-1470 dealing with this issue. Several village clerks expressed concern that this was a problem. And so, what this Conferenee Commibtee does was to repeal that law, but to provide that ten days after approval of the minutesy that the public shall have available to them the minutes. Ten days after theyîve been approved: they must be published. Be happy to answer any questions. believe that there's no controversy involved in the Conference Committee, and- ' ask for an Aye vote.

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR PHILIP

Thank you: Mr. President and Ladies and Gentleman of the Senate. Would the sponsor yield for a question?

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR PHILIP

Senatorp at one time there was a provision in thak provided for single-member county board dlstricts for Dupage. Is that still in the bill?

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) 47 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 11, 1991 Senator Cullerton. SENATOR CULLERTON : No, that was never in thls bill. I think that was in a bill that Senator Rigney Was the sponsor of that he did not concur with. But that is not included in this bill. PRESIDING OFFICER: (SENATOR DIARCO) Senator Rigney. SENATOR RIGNEX: Mr. President and Minority Leader Philip, what happened to 922 over in the House -- it passed by a very handy margin over there, as it did here in the Senate. The problem was, yes, did :et loaded up With an amendment that included about fifteen different election bills tbat Were al1 rolled into an amendmene eo my 922 Bill. That's al1 been cleaned off. So wepre back here to the basie bklk that standardizes baekdoor referendums about fifty-seven different Seetions of our State law. think it's very important that we pass this blll. Obviously, like anyone else, you'd like to be able to pass your own bill, but appreciate Ehe fact that .Representative Steezo Was Willing to pick this up and to include it on this House Bill, and I'm also very happy that Representative <siel Cullerton has now signed on and is in support of this. PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Any further discussion? If not' the question is, shall the Senate adopt the Conference Committee Report on House Bill 927. Those in favor, vote Aye. ôpposed, Nay. The voting is open. Have a1l voted Who Wished? Have al1 voted who wished? Have a11 voted who wlshed? Take the record. 0n that question, there are 56 Ayesz no Kays, and none voting Present. And the Senate does adopt the Conference Comaittee Report on House Bill 927, and having received the required constitutional majority, is hereby declared passed. House Bill 971. Senator Jones. Read the 48 : STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRTPT 66th Legislative Day July 11, 1991 bkll, Madam Secretary.

SECRETARY HAWRER

First Corrected Conference Committee Report on House Bill 9-7-1.

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR JONES

Yeah, thank you, Mr. President an; Members of the Senate. The First Conference Committee Report on House Bill 97l is the pension omnibus bill. It has many, many provisions in there, and I will hkghliqht some of the prozisions. It eliminates from the list of investment restrictions a requirement that in order for a pension fund to invest in a eertain company, that that company aust have paid a dividend in each of the past five years. It also applies the federal benefit limitation provision to Cook County and Metropolitan Sanitary District Articles. There are a number of ptovisions as it relate to tbe General Assembly Retirement System, and for Members who wish to use the reciprocal and also receive credit for serviee in other pensionhsystems. The Chicago -- the City of Cbicago Munieipal Pension Fund allows the Mayor to appoint two members, rather than automatically allowing the City Treasurer and the Comptroller on the Board. It allows the Chicago Aldermen who held offiee prior to the electkon of this year to receive their -- to elect to participate in the alternative formula that we passed for them last year. There are many, many provisions as it relakes to the Cook County employees . Tbese are agreed between the System, and we do not do anything for local units of government unless they request. So there are many non-cost items for loeal units of government, the Cook County employees, also the Chicago Laborers and the Chicago Park District. For the Chicago Park District, it removed the six-month waiting period for new employees Who are subjeet to -- make them subjeet to be 49 STATE OF ILLTNOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July l1, 1991 participants in the Fund. This way the Chicago Park District does not get stuck with paying the high cost of Social Security. As it relate to Chicago Teachers and Downstate Teachers: it also allows them to purchase up to two years cf credit toward their pension system. And what it does allow them, for prior service in the military service: they can purehase up to two years of credit, and many , many other provisions as it relate to State employees. It has issues as it relaee to Social Security for widows, and State employees can return to Work Without losin: their benefits if they have eleeted continuation to participate in a GA Retirement System.

PRESIDING OPFICER (SENATOR D'ARCO)

PRESIDING OPFICER: (SENATOR D'ARCO) ïeah, welre getting the picture. We :ot the picture.

SENATOR JONES

Okay. I knew you were getting the pieture. And there are many other issues as ik relate to our State University Retirement System and Downstate Teachers. But aqain, most of these Artlcles in here are agreed Articles with the various systems. They are practically no costy and I ask for a favorable vote on House Bill 971., the First Conferenee Committee Report.

PRESIDING OPFICER (SENATOR DIARCO)

PRESIDING OPFICER: (SENATOR DIARCO) Al1 right. Senator Topinka.

SENATOR TOPINKA

Xes, lf I may ask a question of the sponsor, please.

PRESIDING OPFICER (SENATOR D'ARCO)

PRESIDING OPFICER: (SENATOR D'ARCO) He indieates hedll yield. SENATOR TOPINKAI Is there still language in this bill that would affect the Municipal and Labor Pension Boardsr Which would remove the current City Treasurer, the City Clerk and the City Comptroller from the Board? And 1'11 tell you why that is of concern to me - because Marian Santos, who is currently the City Treasurer, is Hispanic. 50 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 66th Legislatkve Day July 1991 She is the only Hispanic on that Board. She is the only woman on these -- on both Boards, excuse me -- on both Boards. And I would hate to see a move afoot here which would remove her. Also, Walter Kozubowski: a Polish-American that represents a sizable group kn the City of Chïcagor -- he would be removed City Comptroller. Ts that language still in this bill?

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR JONES

Okay. In response to your questton - and I notice you hit on Hispanics and so forth - the language in here as it relate to the Chicago Laborers as Well as the Municipal on the Laborersr you have the Comptroller: the Treasurer, as well as the City Clerkz and it vests those powers with the Mayor. As it relate -- as it relate to the Municipalz you have the Treasurer and the Comptroller. And a feW years ago we did remove the Treasurer from the Police Pension Fund, but the Mayor reappointed her. If you had read -- if you had read today's newspaper, when that question has been raised, he indicated that he would reappoint her, which he has indicated, and his staff, to me. But What this -- what this does primarkly, Senator Judy Baar Topinka, you may be just concerned...

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) Could We have order, please?

SENATOR JONES

You may be eoncerned about one group that's Hispanic. I'm concerned about other minorities, and particularly blacks, equally as well. The Senate Pension Committee held hearings last year, and what we diseovered was this -- is that of a11 the billions of dollars we hold in assets in pensions in the State, it comes to a total of twenty-eight billion dollars. Youfre talking about a 1ot of money being paid by employees, as Well as taxpayers of this 51 STATE OP TLLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 66th Legislative Day July l1, 1991 State, and less and less dollars are actually invested in the State of Illinois. Thls move by the Chief Executive of the City of Chicago will place him in position not only to appoint Hispanics, but also to appoint minorities to those pension boards: wherein we can bring those funds back to Illinois to help the Chicago, and as well, Illinois, economy. And I think it's a very good move.

PRESIDING OPFICER (SENATOR D'ARCO)

PRESIDING OPFICER: (SENATOR D'ARCO) That's the longest answer I ever heard. Senator Topinka.

SENATOR TOPINKA

Well, Senator Emil Jones, I appreciated all the oratory, since really didnlt ask for all of that, but I did ask for a yes or a no. At this pointr are the City Treasurer, City Clerk and City Comptroller removed from these Boards?

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR JONES

answered that question. Yes, they are removedy and the appointment power is left to the Mayor of the City of Chieago, which is a good administrative move, as far as IIm concerned.

PRESIDING OPFICER (SENATOR D'ARCO)

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

SENATOR FAWELL

Will the sponsor yield for a question?

PRESIDING OPFICER (SENATOR D'ARCO)

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

SENATOR FAWELL

Senator Jonese I've gotten a number of phone calls and letters from men Ehat have been put into service before they ever :ot to teaeh, either at the universities or at the -- the high schools and grammar schools, and did not -- were not able to get credit for their years in military service. they had taught even one 52 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l, 1991 day before they Were drafted or went into service, they did get that credit. Does this bill address that problem at all?

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR JONES

Yes, this -- thls correct that particular problem: and those individuals will be able to get that credit.

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR MADIGAN

Thank you, Mr. President. I just rise in support of Conference Committee Report on House B1ll 971. There was probably a hundred and twenty-five bills that were introduced that the Pension Subcommittee wcrked on. This Conference Committee Report reflects the work af the bipartisan Pension Committee, and l think, overall, it's a good bill, and I support it.

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR SCHUNEMAN

Thank you, Mr. President. I'm a Member of the Conference Commiteee and did sign the Conference Conmittee Report. There's one item that I was not aware of thaE is in the bill, and T learn now that I have some questions about. If the sponsor wculd yield: I Would like to ask some questions about the deferred eompensation provision for employees of the Illinois soil and water conservation districes.

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR SCHUNEMAN

Senator, this Conferenee Committee Report proposes to include employees of Illinois soil and Water .conservation districts in the State Deferred Compensation Plan. And While I have no particular 53 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July ll, 1991 objection to that, do you know Who pays those employees? PRESIDING OFFICER: ISENATOR D'ARCO) Senator Jones.

SENATOR JONES

I am informed -- I believe this is through the Department of Agriculture, Senator Schuneman. And Senator Schuneman -- Senator Sehuneman: this Was not put in at the eleventh hour. The conferees met for three weeks on this issue. It was not something that was put in at the last minute. T'm quite sure your staff participated in the meeting and they were involved with this. So it's not som' ething that Was just thrown into the bill.

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR SCHUNEMAN

Question is, who pays the employees of the soil and water conservation districts?

PRESTDING OFFICER (SENATOR D'ARCO)

PRESTDING OFFICER: (SENATOR D'ARCO) Senator Jones.

SENATOR JONES

Staff informed me she believe it's the Department ok Aqriculture.

PRESIDINC OFFICER (SENATOR D'ARCO)

PRESIDINC OFFICER: (SENATOR D'ARCO) Senator Schuneman.

SENATOR SCHUNEMAN

Well, it's my understanding that these employees are not paid by State Government: and therefore there is no mechanism to deduct the deferred compensation from their salary. Now, Ehls is the same issue that Was raised on this bill when first surfaced here. And I think that the Members ought to be aware that in order for the State of Illinois to collect the deferred compensation paymenEs, there has to be a system set up to make those collections. In our case - in the case of State employees 54 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Leqislative Day July ll# 1991 they do it simply by payroll deduetion. But these people are not State employees, and consequently, the Central Management Services says that they have to set up some special collection procedure from these peoplez and that there's no money in the budget to permit them to do that. So -- and they also eskimate that would be eighty-five-thousand-dollar cost and I dondt know whether that's right or Wrong, but that's what their estimate is to do ik. And there's no money for this purpose.

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Senator -- Senator Jones.

SENATOR JONES

Well, it is brought to my attention that they are paid by grants from the -- to the -- from the Department of Agriculture. And if they are paid by grants as such, then, in fact, CMS is concerned about that, then that eost for the -- the deductions can be included in the grant wherein the deduetions can be made, and it should be no eost to CMS. But don't think that small amount should be something that we should be really concerned about wieh CMS, because CMS, if they can require that the a:ency itself pay for it, it can be paid for out of the grants that they receive from the Department of Agriculture. PRESIDING OFFICER: (SENATOR D'ARCOI A11 right. Senaeor del Valle. SENATOR dEL VALLE: Thank you, Mr. President. Question for the sponsor.

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) He indicates he'll yield. SENATOR dEL VALLE: Senator Jones, does this blll have a provision that reaoves the Treasurer from the Chicago Firemen's Pension Board?

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Jones. 55 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1l, 1991

SENATOR JONES

No# the fire -- no# it does not.

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) Senator de1 Valle. SENATOR dEL VALLE: But you indicated that for some of the Boards, that the Treasurer Will be removed, and that then the Mayor will be making appointments. Could you tell me uhich ones?

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR JONES

The -- the Chicago Municipal -- it's not only the Treasurer, but the Comptroller, as well as the City Clerk on the Laborers, and the Comptroller and the Treasurer on the Chicago Municipal Pension System.

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Senator de1 Valle. SENATOR dEL VALLE: Are there others?

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR JONES

No, there aren't any. And as indicated to youy Senator del Valle, currently the Treasurer is noL on the Police Pension Fund: but the Mayor reappointed her to that position. And after talking with the Treasurer, and I talked with you, and you see in today's paper that sbe has been assured she's qoing ko be reappointed. So what I'm saying to you on the question that you asked, believe that issue has already been resolved .

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Senator de1 Valle. SENATOR dEL VALLE: 56 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July l1y 1991 Well, I did read today's papers, but of course there are no guarantees. And I think that the Treasurer is doing an excellent job on these Boards, and I Would certainly want to see the Treasurer continue. And I Would reeommend that we come up w1th a Second Conference Committee Reporty where we could change this provision and ensure that the Treasurer Will be on that Board .

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) All ràgbt. Senator Jones, to elose.

SENATOR JONES

Well, in response to the previous queskion, I intend to move With the Conference Committee Report: and as indicated to you: that she has been reappointed lonq before this come -- came up. Tf you had read the editorial about a month ago as it relate to the pensions in the City of Chicago, it is the Chief Executive who falls responsible for the taxes, but -- the Treasurer is doing a great job. She Will be reappointed. But it's some of the other individuals that's there that is not doing a sood job. Thase pensions could come back to help the people of the City of Chieago. I want tovsee some blaeks.appointed on there, not just Hispanics, but blacks, equally as well. And this this opens up the door for that possibillty, and I ask for a favorable vote. PRESIDING OFFICER; (SENATOR D'ARCO) Al1 right. The question is, shall the Senate adopt the Conference Committee Report on House Bil1 9-7-1. Those in favor, vote Aye. Opposed, Nay. The votin: is open. Have all voted who wished? Have a1l voted who wished? Have al1 voted who wished? Have al1 voted who wished? Take the reeord. 0n that question, there are 31 Ayes, 10 Nays, 9 voting Present. And the Conference Committee Report is not adopted, and the Secretary shall so inform the House. House Bill 2010 -- Second Conference Committee? The sponsor has asked for a Second Conference Committee. House Bill 2010. Senator Luft. Read the bill, Madam Secretary. 57 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 11, 1991

Linda Hawker

Pirst Conference Committee Report on House Bill 2010.

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR LUFT

Thank you , Mr. President. House Bill 2010 incorporates a very important part of this leqislative season, and it is tbe proposed assessment program for bospitals and Medicaid providers as put forth by the Governor. Let me state to begin With that this is in total agreement of all providers. There is no objeceion to the Conference Committee Report. I will read as quickly as can what it attempts to do. I have to read in some legislative intent, and then will attempt to answer any questions. This House Bill 2010 Conference Committee Report creates five separate and distinct funds to incorporate the assessed money that kill be forthcoming . The lonq-term care and developmentally disability providers would be assessed fifteen percent of their gross medieal assistance program of the previous year, which will provide about a hundred and thirty-eight million net new federak monies, whtch would go to nursing homes. Hospitals Would be assessed fifty percent. The result would be a two hundred and thirty-five new federal dollars for hospitals that would be distributed through a new DRG reimbursement system and outpatient rate increase. Hospitals would be paid under the Medicare Diagnosis Related Group, better known as DRG , methodology effective for inpatient serviees. The state will develop its oun DRC -- DRG systez by administrative rule, effective 07/01/92. Hospitals would also be assessed five percent of their gross medical assistanee program - would generate flfty million dollars in federal monies: and allow full funding of the current statutory disappropriate <sicl (disproportionate) share formula, whicb includes Children's Hospital. The State Will also spend Eifty-etght million dollars for tarqetin: community and 58 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Leqislative Day July ll, 1991 children hospitals. Cook County Hospital will be assessed under a separate assessment and reimbursement formula. This will net a 134.4 million for Cook County Hospital. And the requirements of the amendment would apply only as long as federal funds are provided for these purposes in an amount equal to the amount that providers would be required to pay. For legislative intent, I Would like to say that the provider participation fee ineorporated in this piece of legislation is imposed pursuant to the authority granted under Sections l and 2, Article IX of the Illinois Constieution of 1970. And if I can do a -- have a duet with Senator Carroll, we will read the intent for the Medicaid reimbursement, I believer for Cook County Hospital.

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Carroll.

SENATOR CARROLL

Thank you, Mr. President, Ladies and Gentlemen of the Senate. First, some legislative intent, then afterwards I'd like to make a comment. By way of legislative intent, there are separate Sections of the bill relating to hospitals and county hospitals, and other Sections relating to intermediate care facilities for tbe developmentally disabled and skilled or intermediate nursing facilities. Taxes, Which are ealled feesz are levied based on -- in part, on the Medicaid receipts of a facility that it receives. In Illinois there are hospitals and county hospitals which also provide the servtces of intermediate care facilities for the developmentally disabled and skllled or intermediate nursing facllities. What is the intent with respect to a provider whieh provides service in more than one category?

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR LUFT

Intent is that each tax Would be lezied categoficalty; that 59 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 11, 1991 is# the tax on skilled or intermediate nursing facilities would be levied only on the Medicaid receipts the hospital or county hospital received in that category, and the tax on hospitals or county hospitals would be levied only on the Medicaid receipts the hospital or county hospital received for hospital services. There is no intent to double-tax.

PRESIDING OFFICER (SZNATOR D'ARCO)

PRESIDING OFFICER: (SZNATOR D'ARCO) Senator Carroll.

SENATOR CARROLL

And seeondly, Senakor Luft, if he will yield, by way of legislative intent, each Section of the bill provides that its provisions apply only as long as federal funds under Title XfX of the Social Security Act are available to match the fees collected and disbursed under that Section, and only as lon: as reimbursable expenditures are matched at the Federal Medicaid percentage of at least fifty percent. What situatlon is this intended to cover?

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR LUFT

These grovisions are only ineended to cover a major general failure of the assessment methodology; that isy the Federal Government takes a position that the assessment methodology is not permitted under lawy and that posltion is sustained, these provisions are not intended to apply to ineidental claims, disallowances, or the fact that certain types of expenditures permitted from the respective funds are no* reimbursable - for example, administrative expenses of the Department. These provisions are also not intended to cover mere notice of a federal problem . The actual failure of the methodology is the intended trigger.

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) Senator Carroll. 60 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July ll, 1991

SENATOR CARROLL

Why, thank you, Mr. President.

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) Youdre welcome.

SENATOR CARROLL

Just by way of further comment -- to the Members of the General Assembly: T think this is importane. We are attemptin: here, by way of an assessment mechanism, to solve part of our health care crisis Illinois. We have been admonished to act swiftly, because it was expected that the Office of Management and Dudget, as well as the Health and Human Services Secretary: may soon be announcinq and promulgating rules that will no longer allow these types of plans to be effective. Today, Budget Director Darman and HHS Secretary Sullivan did issue such a pronouncement, and they did say that they intend to proceed with legislative and regulatory measures to restrict the use of provider tax or donation schemes whieh will force higher Medicaid costs. Under federal regulatory poliey, once OMB and HHS submit regulations and request action by Congressr that action, when passed, will relate back to the day those regulations kere proposed. If We do not act quickly on this legislation and on the budget that implements this legislation, we uill have lost the öpportunity of using an assessment plan to effectuate a health care settlement. If we have not qotten a budget in place before HHS and OMB promulgate their regulations - and What I Was reading was a quote from their press conference - lf we do not do this before they actz whicb may be in *he next few days, we will have jeopardized: first of all, a balanced budget, and two, our entire health care delivery system. urge us to not only pass the Conference Committee on HB 2010, bu* to aet kith al1 deliberate speed to qet this budget, as well, to the Governor's desk before it is too late. 61 STATE OF ILLIHOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July ll, 1991

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR PHILIP

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I'd ask -- respectfully ask Senator Luft to pull this out of the record. I'm not sure that this bill -- this Conference Committee Report isn't a little early.

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR LUFT

Out of the record.

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) Out of the record, Madam Secretary. A11 right. The next bill is House Bill 2148. Senator Daley. Read the bill, Madam Secretary.

Linda Hawker

Second Conference Committee Report on House Bill 2148.

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR DALEY

Thank you, Mr. President and Members of the Senate. The Second Conference Committee Report cn House Bill 2148 would permit the muntcipal clerk kn downstate municipalitkes to appoknt one deputy clerk, when authorized by the city council, who'd not be a resident of the municipality. This Was put in for Senator Butler. The second part is the gross receipt of a business transmitting message usin: mobile equipment shall be deemed to originate within the corporate limits of a municipality only if the address to which the bills for the service are sent is within those corporate limits. It adds contractors to certain provisions of the Local Government and State Prompt Payment Act. It requires contractors to pay subcontractors within fifteen days of payment from the 62 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1991 public entity. After expiration of the fifteen-day period, it provides two percent per month interest. This is -- the last two provksions are the same as House Bills ?03 by -- passed by Senator DeAngelis, that passed unanimously, exeept that under these provlsions, does not preempt home rule. I'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR FAWELL

We have looked over this bill very carefully on our side, as far as Local Government is concerned, and we find this bill acceptable. So, would ask al1 to vote for

PRESIDING OFPICER (SENATOR D'ARCO)

PRESIDING OFPICER: (SENATOR D'ARCO) A11 right. The question is: shall the Senate adopt the Conference Committee Report on House Bill 2148. Those in favor: vote -- I'm sorry. Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. A question of the sponsor.

PRESIDING OFPICER (SENATOR D'ARCO)

PRESIDING OFPICER: (SENATOR D'ARCO) He indicates heill yield. SENATOR DeANGELIS: Does this bill exempt Cook County and Chicago from the Prompt Paymenk Act?

PRESIDING OFFICER (SENATOR D'ARCO)

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

SENATOR DALEY

It does not preempt home rule, Senator. PRESIDING OFFICERJ (SENATOR D'ARCO) Senator DeAngelis. SENATOR DeANGELIS: So they are removed from the Prompt Payment Act.

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) 63 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day July 1991 Senator Daley.

SENATOR DALEY

That is -- that is correct, Senator.

PRESIDING OFFICER (SENATOR D'ARCO)

PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. The question is, shall the Senate adopt the Conference Ccmmittee Report on House Bill 2148. Those favorz vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wished? Have al1 voted who wished? Have all voted who wished? Take the record. 0n that question, there are 47 Ayes, no Nays, and 6 voting Present. And the Senate does adopt the Conference Committee Report on House Bill 2148. And House Bill 2148, having received the required constitutional majority: is hereby declared passed. Senate Bill 10. Senator Berman. Read the no. Yes, Senator Berman.

SENATOR BERMAN

Mr. President, there is a number of people that are interested in Senate Bill 10 and 11 in the audience, and I just Want to indiaate that at the request of the Minority Spokesman: concurred in by the President, those bills will not be called tonight. Thank you.

PRESIDING OPFICER (SENATOR D'ARCO)

PRESIDING OPFICER: (SENATOR D'ARCO) Well, folks, has anybody else got any bright ideas?

PRESIDENT ROCK

... tmachine cutofflo..business to come before the Senate in the Regular Session? If not, Senator Demuzio moves that the Senate stand adjourned till Friday morning - Friday, July 12*h at the hour of ten o'clock. Ten o'clock komorrow morning. 64 8 REPORT: TIFLDAY STATE QF ILLINOIS 92/03/10 ( PAGE: 001 87TH GENERAL ASSEMBLY ttzk3z:9 SENATE l DAILY TRA&SCRIPTION 0F éPBATE IN9EX I JULY kL I i # :991 1 88-0927 CONFERENCE PAGE #6 I HB-0971 CONFERERCE PAGE 18 . ; 88-1:99 EORFERENCS PAGE t4 j j ' H3-1564 CONFERENCE H:-2Q10 0UT OF RECORD ' PAGE PAGE 2 57 ' HB-21#8 CONFERENEE . PAGE 62 H8-2222 CO<FERENCE PAGE 11 58-0816 EONFERENCE PAGE 16 58-0676 EONFERENCE PAGE 18 58-0999 CONFERENCE PAGE 20 3B-117l EONFERENEE PAGE 29 58-122: CONFERENCE PAGE 3: . S3-t310 CONFERENCE PAGE 36 SB-1#2l NON-CONCURRENCE PAGE :5 S3-t#71 CONFERENCE PAGE 39 SR-Q&80 RESOLUTION OFFEREP PAGE #5 5:R-0087 ADOPTED PAGE 45 SJR-008T RESOLUTION OFFCRED PAGE :5 SUBJECT MArTER . 1 1 SENATE T0 ORDER - PRESIDENT ROCR PAGE l . PRAYER - REVEREND VICTOR KALTENBACH PAGE l Q JGURNALS - APPROVED PAGE 1 . JOURNALG - POSTPONED PAGE l ç RECESS PAGE *3 ' FIRST SPECIAL SESSION PAGE ## ZENATE RECON?ENES PAGE ## . MESSAGES FROM THE HOUSE PAGE #4 AOJOURNMENT PAGE 6# , 1