Illinois Senate Floor Debate — May 21, 1992

The hour of nine having arrived, the Senate Will please come to order. Will the Members be at their desks, and will our guests in the gallery please rise. Prayer this -- this morning by the Reverend George A. Coates, St. Peter's A .M.E. Church, Decaturz Illinois. Reverend.

(Prayer by tbe Reverend George A. Coates)

Thank you, Reverend. Reading of the Journal. Senator Di Turi.

Mr. President: I move that the reading and approval of the Journals on Wednesday, May 13th) Thursday, May 14th7 Tuesdayg May 19th7 and Wednesday, May 20th, in the year 1992, be postponed, pending arrival of the printed Journals.

Youdve heard the motion as placed by Senator Di Turi. Is there any discussion? If not, a1l in favorz indicate by saying Aye. A11 opposed. The Ayes have The motion carriesz and is so ordered. Message from *he House.

K Message from the House by Mr. O 'Brien, Clerk. Mr. President am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of Which I am instructed to ask the concurrence of the Senate, to wit: House Bills 2677, 2833, 2834, 3563 and 3799. Passed the Housey May 20z 1992.

Those bills will be shown on the Calendar lst Reading. Resolutions.  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 : SECRETARY HAWKER: I Senate Resolution 1293 offered by Senator Severns. I It is congratulatory. I PRESIDENT ROCK: Consent Calendar. With leave of the Body, wefll turn to paqe 22 on the Calendar. Page 22z Ladies and Gentlemen, and again: I would remind you that if, indeed, a House sponsor has asked you to assume responsibility for a House bill, please 1et the Secretary E . know. House Bills 1st Reading, Madam Secretary. SECRETARY HAWKER: ! House Bill 854 offered by Senator Demuzio. (Secretary reads title of bill) l House Bill 1181 offered by Senator Marovitz. (Secretary reads title of bill) House Bill 2645 offered by Senator Jones. 1 (Secretary reads title of bill) ! House Bill 2667 offered by Senator Jones. ! (Secretary reads tltle of bill) I House Bill 2679 offered by Senator Holmberg. : (Secretary reads title of bill) i I House Bill 2738 offered by Senator Jacobs. (Secretary reads title of bill) House Bill 2825 offered by Senator Schaffer. I (Secretary reads title of bill) House Bill 3107 offered by Senator Smith. (Secretary reads title of bill) House Bill 3210 offered by Senator Watson. (Secretary reads title of bill) 1 House Bill 3257 offered by Senator Cullerton . (Secretary reads title of bill) House Bill 3278 offered by Senator Etheredge. (Secretary reads title of bill) 2  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 House Bill 3282 offered by Senator Carroll. (Secretary reads title of bill) House Bill 3347 offered by Senator Topinka. (Secretary reads title of bill) House Bill 3395 offered by Senators Hall and Smith . (Secretary reads title of bill) House Bill 3408 offered by Senator Smith. (Secretary reads title of b1ll) House Bill 3435 offered by Senator Macdonald. (Secretary reads title of bill) House Bill 3454 offered by Senator Cullerton. (Secretary reads title of bill) House Bill 3474 offered by Senator Etheredge. (Secretary reads title of bill) House Bill 3490 offered by Senator Thomas Dunn. (Secretary reads tltle of bill) House Bill 3495 offered by Senators Jacobs and Vadalabene. (Secretary reads title of bll1) House Bill 3735 offered by Senator Maitland. (Secretary reads title of bill) House Bill 3790 offered by Senator Topinka. (Secretary reads title of bill) House Bill 3810 offered by Senator Thomas Dunn. (Secretary reads title of bill) House Bill 3811 offered by Senator Thomas Dunn. (Secretary reads kitle of bill) House Bill 3814 offered by Senator Thomas Dunn. (Secretary reads title of bill) House Bill 3832 offered by Senator Palmer. (Secretary reads Eitle of bill) House Bill 3856 offered by Senator Palmer. (Secretary reads title of bill) 3  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 ! House Bill 3878 offered by Senator Karpiel. (Secretary reads title of bill) House Bill 3917 offered -- offered by Senator Davidson. (Secretary reads title of bill) i House Bill 3937 offered by Senators Maitland and Karplel. (Secretary reads title of bill) I l House Bill 4057 offered by Senator Smith. : (Secretary reads tltle of bill) 1st Reading of the bills.

We 'l1 begin on the Order of Senate Bills 3rd Reading. A list of the proposed Reealls has been distributed. I would ask the I Members to pay particular attentlon. Wefll try to move through the list as quickly as posslble: and then we will go to the Order of Senate Bills 3rd Reading and go right through the Calendar. Tomorrow is the deadline. With a little luck, tomorrow shouldn't be much of a day. Senator Demuzio, for What purpose do you arise, i sir?

Thank you, Mr. President. Yesterday, I had a resolution, a congratulatory resolution, read in. It is necessary for that to be printed -- excuse me, by Enrolling and Engrossing today. I Was wondering if we might go to the Order of the Consent Calendar for 1 i : Senate Resolution 1292 and pass that, so we can move things along.

A1l right. The Gentleman seeks leave to immediately consider and adopt Senate Resolution 1292, a congratulatory resolution of some urgency. A1l in favor of the Motion to Suspend, indicate by saying Aye. All opposed. The Ayes have it. The rules are suspended. Senator Demuzio now moves the adoption of Senate Resolution 1292. 1292. Any discussion? If not, a11 in favor, indicate by saying Aye. Al1 opposed . The Ayes have it, and the 4  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 resolution is adopted. We'l1 beqin on the Order of Recalls. If the sponsor wishes the bill recalled, I wish they would indicate, ; or so indicate. Wonderful. Wonderful. Communication to the President. SECRETARY HAWKER: ' Dear President Rock - I respectfully submit my resignation as Senate -- State Senator, effective May 21, 1992. Sincerely, Jpremiah E. Joyce: State Senator. I

All right. That communication Will be journalized. A11 right. Ladies and Gentlemen, on the Order of Senate Bills 3rd I Reading, I'd direet your attention to page 3. Page 3 on the Calendar. 1510. 1557. Senator Luft. 1564. Senator Cullerton. Yes, no or maybe? Seeks leave of the Body to return 1564 to the Order of 2nd Reading for purposes of an amendment. Is leave ! ! granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1564: Madam Secretary.

Amendment No. l offered by Senator Cullerton.

Senator Cullerton. ; !

Thank you, Mr. President and Members of the Senate . This bill, as it stands now, is a shell bill, amending the Representative Districts. And as discussed in the Exeeutive Committee, I've filed an amendment which changes the legislative boundaries of my district, which would result in moving my house about three blocks - square blocks - in the City of Chicago back into my district . It 's my intention to hopefully pass this bill to the House and have the House hold the bill until after the November elections. I would appreciate your support on adopting f this amendment , and be happy to discuss lt further on 3rd Reading . s  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Move...tmachine cutoffl...

All right. Senator Cullerton's moved the adoption of Amendment No. to Senate Bill 1564. Discussion? If not, all in favor: indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

Amendment No. 2 offered by Senator Hawkinson.

Senator Hawkinson.

Thank you, Mr. President. In the redistricting map that was approved and we're operating under, an injustice was done in the City of Kewanee, Illinois - I believe inadvertently. But in that - - in that town and in one precinct in that town, the new map was drawn in such a way as to place one resident, Olivia Thorpe, by herself in the 93rd Legislative District, When everyone else in the precinct was placed in the 94th Legislative District. The Henry County State's Attorney, Larry Vandersnick, attempted to correct that by taking it to the Supreme Court, but Was denied relief. I'd like to try and take this opportunity to correct that to preserve her right to a secret ballot, which has been lost by the fluke of the redistricting process. And so this amendment would place Block 508C back in the 94th Representative District, along with a1l the other residents of that precinct and would restore Olivia Thorpe's right to a secret ballot. And I Would ask for the adoption of this amendment.

Senator Hawkinson's moved the adoption of Amendment No. 2 to Senate Bill 1564. Discussion? If not, a11 in favor, indicate by saying Aye. A11 opposed. The Ayes have The amendment's adopted. Further amendments? 6  éTATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSTON SENATE TRANSCRIPT 108th Legislative Day May 21z 1992

No further amendments. I

3rd Reading. Page 3 on the Calendar. 1510. With leave of the Body, Senator Berman Will handle that for Senator Lechowicz, and I Senator Berman seeks leave to return 1510 to the Order of 2nd Reading for purposes of an amendment. 1510, Madam Seeretary. senator aerman. i ,

Thank you. Mr. President, the other day We adopted this amendment by a very close vote after a debate regardin: the i opportunity for lawyers to ask questions of prospective jurors. Upon review of the amendment and the Supreme Court rules, I've decided that the bill is better off without the amendment. So having voted on the prevailing side by which Amendment No. l Was i adopted, I now move to reconsider the vote by which that Prevailed. '

Senator Berman has moved to reconsider the vote by which Amendment No . l to Senate Bill 1510 was adopted -- reconsider for the purpose of tabling. A11 in favor of the Motion to Reconsider, indicate by saying Aye . Al1 opposed . The Ayes have it . The vote ! is reconsidered. Senator Berman now moves to table Amendment No. 1 to Senate Bill 1510. Discussion? If not, all in favor of the Motion to Table, indicate by saying Aye. A11 opposed. The Ayes I have it. The motion carries, and the amendment is tabled. Are there further amendmenks? SECRETARX HAWKER; No further amendments.

3rd Reading. Page 5. 1588. Senator Carroll. 1620. Senator Karpiel. Senator Karpiel seeks leave of the Body - middle of page 7  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 5, Ladies and Gentlemen - to return Senate Bill 1620 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. 0n the Order of Senate Bills 2nd Reading is Senate Bill 1620. Senator Karpiel. I

Thank you.ootmachine cutoffl... I just move to table Amendment No. 3 on Senate Bill 1620. I PRESIDENT ROCK : ' Senator Karpiel, having voted on the prevailing side: is moving to reconsider the vote by which Amendment No. 3 to Senate Bill 1620 Was adopted, for the purpose of tabling. A11 in favor ! ! of the Motion to Reconsider, indicate by saying Aye. All opposed. The Ayes have it. The vote is reconsidered. Senator Karpiel now moves to table 'Amendment No. 3 to Senate Bill 1620. Any discussion? If not, al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. Amendment No. 3 is tabled. Are there ! further amendments, Madam Secretary?

No further amendments.

3rd Reading. 1645. Senator Smith seeks leave of the Body to return Senate Bill 1645 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. 0n the Order of Senate Bills 2nd Reading is Senate Bill 1645, Madam Secretary.

Amendment No. l offered by Senators Smith, Collins and de1 Valle.

Senator Smith, on Amendment No. 1.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 8  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TEANSCRIPT 108th Legislative Day May 21, 1992 Senate Bil1 1645 - its present -- present -- deletes all. And the Department of Health may investigate the impact of violence and homicide on the public health and safety of Illinois residents, especially children, and, if warranted, declare violence and homicide as a public health epidemic. The Department of Public Hea1th shall recommend anti-violence and homicide prevention programs to the General Assembly: and it adds an immediate I effective date. I move for the adoption. PRESIDENT ROCK: Senator Smith's moved the adoption of Amendment No . 1 to Senate Bill 1645. Discussion? If not, a1l in favor, indicate by i : i sayin: Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Are there further amendments? SECRETARY HAWKER: ' No further amendments. PRESIDENT ROCK: 1 I 3rd Reading. 1652. Senator Maitland. 1662. Senator Jones ' is not here. 1665. Senator Jacobs seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 1665, Madam Secretary. SECRETARY HAWKER: Amendment No. 2 offered by Senator Jacobs. PRESIDENT ROCK: Senator Jacobs, on Amendment No. 2. SENATOR JACOBS: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 2 permits the Quad City Regional Economic Development Authority to impose a sales tax in Roek Island Countye subject to a frontdoor referendum, for the purpose of financing a joint development with Iowa for a U.S. Department of Defense Finance and Accounting Services Facility. And it does clean up i 9 L  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2lz 1992 some - repeals duplicative Authority statutory provisions. I know of no known objection to this amendment. I will explain, on 3rd Reading, if there are some problems with the first amendment, but we dll get to that when that time comes.

Al1 right. The Gentleman moves to adopt Amendment No. 2 to I 1 Senate Bill 1665. Discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's ! adopted. Further amendments?

No further amendments. ! 1 PRESIDENT ROCK: , ! 3rd Reading. Direct your attention to page 36 on the Calendar, on the Order of Consideration Postponed. Senator Berman I seeks leave of the Body to return Senate Bill 1681 to the Order of ! i 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1681, Madam Secretary.

Amendment No. 2 offered by Senator Berman. PRESIDENT ROCK: i Senator Berman.

Thank you, Mr. President. Amendment No. 2 changes the immediate effective date that's in this bill to an effective date of August 1, 1993. Move the adoption of Amendment No. 2.

Senator Berman's moved the adoption of Amendment No. 2 to Senate Bill 1681. Discussion? If not, all in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment ls adopted. Further amendments?

10  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 No further amendments.

3rd Reading . Page 7 on the Calendar. Page 7. The question also, Ladies and Gentlemen -- the question was asked Whether or not there would be additional Recalls. The answer to that is yesp bearing in mind, however, that tomorrow is indeed the deadline. We will get to Recalls again later this afternoon, indeed there are addttional requests. 1718. Senator Collins seeks leave of the Body -- wedre back on page 7 on the Calendar. On the Order of Senate Bills 3rd Readin: is Senate Bill 1718. Senator Collins seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1718, Madam Secretary.

Amendment No. 2 offered by Senators Collins and Smith.

Senator Collins.

Thank you, Mr. President and Members of the Senate. I move to table Committee Amendment No. 1.

Senator Collins, having voted on the prevailing side, is moving to reconsider the vote by Which Amendment No. to Senate Bill 1718 was adopted. All in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have it. The vote's reconsidered. senator collins now moves to table Amendment No . to Senate Bill 1718. A1l in favor of the Motion to Table, indicate by saying Aye. A1l opposed. The Ayes have Amendment No. 1 is tabled. Further amendments?

Amendment No. 2 offered by Senators Collins and Smith.  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 PRESIDENT ROCK: Senator Collins, on Amendment No. 2. 1 SENATOR COLLINS: I Yes. Thank you, Mr. President and Members of the Senate. Amendment No. 2 guts the bill, because there -- we have some very serious negotiations and discussions going on with the Governor's Office and the Department of Public Aid. 80th recognize the need to tighten up the existing regulations for the determination of I 1 eligibility under the Transitional Assistance Program, and I would i move for its adoption. I would like for these bills to go to the ! ' House as shell bills, and we will continue that process, and hopefully, we can resolve the problems together before the end of this Session. I1d move its adoption. PRESIDENT ROCK: Senator Collins has moved the adoption of Amendment No. 2 to Senate Bill 1718. Discussion? If not, al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCK: ' 3rd Reading. 1814. Senator Topinka seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave ls granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1814, Madam Secretary. SECRETARX HANKER: Amendment No. 3 offered by Senator Topinka. PRESIDENT ROCK: Senator Topinka. I1m sorry. I SENATOR TOPINKA: . ! Yes. Mr. President: Ladies and Gentlemen of the Senate, this amendment Would add a subacute care component to the models 12 Nn  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION . SENATE TRANSCRIPT 108th Legislative Day May 21,'1992 already in the bill.

Senator Topinka's moved the adoption of Amendment No. 3 to Senate Bill 1814. Discussion? If not, a11 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 1970. Senator Karpiel. 1970. Do you wish that recalled? Senator Karplel.

Thank you, Mr. President. I would like -- I'm calling it back from 3rd Reading for an amendment by Senator Geo-Karis.

All right. The Lady seeks leave of the Body to return 1970 - page 13 on the Calendar, Senate Bill 1970 - the Lady seeks leave to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Readlng is Senate Bill 1970. Madam Secretary.

Amendment No. l offered by Senator Geo-Karis.

Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, this amendment adds lanquaqe to the bill that allows school districEs to expel students for up to one hundred eighty school days. Court cases have held that districts may expel students for the remainder of a school year. This amendment would allow the period of expulsion to extend from one year into another, because if you have someone who's very bade and it's -- say it's May 20th and 13  STATE OF ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 he's expelled only for ten days -- and this Would allow the period i of expulsion to extend from one year into another, but in no case may the expulslon exceed a hundred and eighty school days. And : this was at the request of our school districts in Lake County: and I ask for a favorable vote. PRESIDCNT ROCK: p I Senator Geo-Karis has moved the adoption of Amendment No. 1 to ! Senate Bill 1970. Discussion? If not, a1l in favorz indicate by saying Aye. All opposed. The Ayes have it. The amendment's ; adopted. Further amendments?

No further amendments. PRESIDENT ROCK: I 3rd Reading. Senator Madigan. 2141. Gentleman seeks leave of the Body -- page 18 - l8, Ladies and Gentlemen. The Gentleman seeks leave to return 2141 to the Order of 2nd Reading for 1 . purposes of an amendment. Is leave granted? Leave is granted . On the Order of Senate Bills 2nd Reading is Senate Bill 2141, j Madam Secretary.

Amendment No. 1 offers -- by Senator Madigan.

Senator Madigane on Amendment No. 1.

Thank you, Mr. President. Senate Bill 2141, as introducedy i made a pilot project between the Joint Commlttee <sic> (Commission) on Accreditation. the Department of Public Hea1th, : and the nursing home industry permanent. That project is still ongoing . The purpose of the amendment is to make the pilot project -- or extend the pilot project three yearsy inseead of ' permanent, and I would ask for its adoption. PRESTDENT ROCK: I I 14  STATE QP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21: 1992 Senator Madigan moves the adoption of Amendment No. 1 to Senate Bill 2141. Diseussion? If not, all in favor: indicate by saying Aye. All opposed . The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading . 2168. Senator Barkhausen. 2201.' Senator Marovitz seeks leave of the Body to return 2201 to ehe Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 2201, Madam Secretary.

Amendment No. l <sic> (2) offered by Senator Brookins. PRESIDENT ROCK: ' You don't Want to call it back. Withdraw the amendment. Further amendments?

Amendment No. l <sie> (2) offered by Senator Marovitz.

Senator Marovitz, on Amendment No. l <sicy.

Thank you very much, Mr. President and Members of the Senate. This amendment embodies much of the discussion that -- that wedve had wiEh the -- the Illinois State Medical Societye the Illinois Hospital Association, health care providers, and Wedve been working on this for quite a while. Much of the language in this amendment comes right from the AMA - American Medical Association - and the -- and JAMA, the Journal of American Medical Association. The Act applies to licensed health care providers and a11 entities which dispense health care services in which they have an economic interest. The Act doesn't apply to 15  STATE OF ILLINOIS ï 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Physician-owned hospitals licensed before 1/1/92. The Illinois Health Facilities Planning Board -- at ehe request of the Medical . Socieky, we put in language that says the Illinois Health Facilities Planning Board furnishes a Waiver for entities because health care services are needed by the conlmunity, and alternative : funding, besides investment by physieians and podiatrists, were sought and found unfeasible. Basically, thatls the language of the AMA and requested by the Medical Society so that underserved I ; and rural communities would not be adversely affected by this legislation. . 1 would ask for the adoption of the amendment. ! :

I ! Senator Marovitz has moved the adoption of Amendmenk No. l I <sic> to Senate Bill 2201. Discussion? If not, all in -- I'm ; sorry. Senator Brookins, on Amendment No. 1. I !

No, Mr. President. I have a question on the amendment which I had placed on that bill, and I inadvertently was off the Floor at the time. And it was withdrakn, and T did not wish to withdraw that amendment. I

Well, it's still here. Then you can offer it as Amendment No. 2<sic>(3). 1

Thank you. Thank you.

Senator Marovitz has moved the adoption of Amendment No. 1 <sic> to Senate Bill 2201. Discussion? If notw all in favore indicate by -- I'm sorry. Senator Demuzio.

Senator Marovitz, let me just ask you -- how does this -- does this apply to rural communities at all, or are they excluded, or is this just for major metropolitan areas? And if it applies to 16  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 108th Legislative Day May 21, 1992 rural communities, What happens if I have a series.of doctors that own a CAT scanner, for example? Are they going to be subjected to ! ! i this? I PRESIDENT ROCK: 1 , Senator Marovitz. SENATOR MAROVITZ: This Act applies Statewide. There is language in here so that i rural and underserved communities can be exempted under the Act. PRESIDENT ROCK: ! Senator Demuzio. ' ! SENATOR DEMUZIO: Do they have to apply to somebody to be exemptedz or is this an automatic exemption? PRESIDENT ROCK: Senator Marovitz. l SENATOR MAROVITZ: ( No, they do have to apply to the Illinois Health Faeilikies Planning Board. And if there is a need shown -- this is -- this language comes right from the AMA - the American Medical Association. If -- if there is a need shown and no alternative financing can be provided, they Will be granted an exemption. We are certainly not trying, in any way - and 1'11 make that very clear - to prevent any community - any community - throughout the State of Illinois from being served or serviced where there is no ! service or there is no funding for alternative methods. PRESIDENT ROCK : Further discussion? Senator Jacobs. SENATOR JACOBS: Just one quick question, Mr. President. Wi11 the sponsor yield? PRESIDENT ROCK: Indicates he will yleld, Senator Jacobs. 17 I  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2le 1992

Senator Marovitz, there's a bill before us on ambulatory hospitals and outpatients. Does this affect them in any way whatsoever? The reason I ask is, in your -- in your -- in your statement, you indicated that hospitals before 1/1 in 192, and I don't know how it would affect that provision of law.

Senator Marovitz.

It does not affect them, because thoae are not the services covered under the legislation.

Further discussion? Senator Raica.

Question of the sponsor, Mr. President.

Sponsor indicates...

Senator Marovitz...

Wait a minute, Wait a minute, kait a minute. Senator Marovitz, question being directed. Senator Raica.

Senator Marovitz, a couple of times you referenced to the AMA. Does the Illinois State Medical Society have a position on yaur amendment or not?

Senator Marovitz.

The Illinois State Medical Society has the amendment. They are looking at the amendment. We have been working with them every day, every hour. So philosophically, ke are in tune one hundred 18  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 percent. Theydre looking at the I's and the T's and other things. And as I've said to them - and I think I Will make ehis I representation - this process -- this bill is going to be around ! for another five weeks. I ean pretty well guarantee that this bill will be back here and probably wind up in conference as ' discussions with the Medical Society continue. They want -- they want, philosophically, this problem taken care of, because they q have been guided by the AMA , Who said physician self-referral is a ' problem and needs to be taken care of.

Further discussion? Senator Geo-Earis. ' SENATORGEO-KARIS: J Will the sponsor yield for a question?

He indieates he will yield, Senator Geo-Karis.

I apologize. I was distracted When you were explaining your ! amendment. Would you just give me a brief synopsis of your amendment agains please?

Senator Marovitz. 1

Basically this is the -- this is the amendment and the bill which would prevent physician self-referral, where joint ventures are coming in from out of state, opening up these clinics -- joint -- and doctors are making substantial amounts of money at the cost of our health care consumer.

Further discussion? Senator Davidson.

Question of the sponsor.

19  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON . SENATE TRANSCRIPT 108th Legislative Day May 2lz 1992 Indicates he Will yield, Senator Davidson. j

Senator Marovitz, I think there's only maybe two hospitals in I the State that are affected -- possibly affected. One of them I happens to be here in Springfield. My understanding, from a conversation yesterday, was that the amendment ls supposed to protect or take care of their problem and the people who do own that private-owned hospital can refer patients to the hospital and receive whatever lab, et cetera that needs to be within the hospital not be affected.

Senator Marovitz.

Senator Davidson, you are one hundred percent correct. That ! was a problem. That was -- that is corrected, has been corrected by language on paqe 2. Doetors Hospital here in Springfield has been taken care of, as Well as Four Winds Hospital in Lemont. You are correct. I !

Senator Davidson. ! SENATOR DAVIDSON) Follow-up question. This no Way -- particularly in my own profession, most of them have an X-ray installation within their j own private office, as does a number of the M .D.S through downstate Illinois. Does this affect any individual practitioner tha: has sueh facilities Within theiroWn office? 1 PRESIDENTROCK: 1 Senator Marovitz.

This bill in no way affects any individual practitioner that has a facility like that in their own office. i I

20  STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT I 108th Legislative Day May 2l, 1992 ' Further discussion? If not, Senator Marovitz has moved the q adoption of Amendment No. l <sic> to Senate Bill 2201. All in favor, indicate by saying Aye. All opposed. The Ayes have it. i E The amendment's adopted. Are there further amendments? SECRETARY HAWKER : Amendment No. 2 Ksic> (3) offered by Senator Brookins. PRESIDENT ROCK: 1 i Senator Brookins, on Amendment No. 2 <sic>. SENATOR BROOKINS: Thank you, Mr. President. Amendment No. 2 Isic> Would prohibit the physicians from markup of prices for a clinical l laboratory test done by a laboratory but billed by the physician. It would also -- it is not intended to prohibit a doctor from ' charging a reasonable handling fee, but would eliminate the common hundred percent or three hundred percent markup charged on bills l to the patient or insurance eompany. In Illinois currently a disclosure Statute requires laboratory costs to -- disclosed on i the bill, but this has little affect in retraining <sic> (restraining) markup charges. This proposed amendment is a noncontroversial way of dealing With the potentials of abuse. A I ' physician would not oppose this amendment, as the American Medical Association states in their Principles of Medical Ethics. A ' I physician should not charge a markup: commlssion, profit on services rendered by others. A markup is an exeesslve charge that exploits patients if it's -- is nothing more than a tack-on amount for service provided on aceount for the labor. The Federal Government has the same markup prohibit in Medieare charges, and I move for the adoption of the amendment. PRESIDENT ROCK: Senator Brookins has moved the adoption of Amendment No. 2 <sic> to Senate Bill 2201. Discussion? Senator Marovitz. SENATOR MAROVITZ: 21  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l' 1992 Thank you very much, Mr. President. Two -- tWo reasons I rise. Number one, the -- the amendment is technically flawed. It refers to section 35, and were that the case, there would be two section 35s in the bill. Number tWo and I particularly state this for my colleagues on the other side of the aisle when I presented this amendment to the Illinois State Medical Society, they were unalterably opposed to this amendment - unalterably opposed to this amendment. This amendment has nothing to do with this bill. It has nothing to do with the subject matter in this legislation. And I'm not going to get involved in the substance of Senator Brookins' amendmenty but the fact is, it has nothing to do with the -- witb Senate Bill 2201 and the subject matter that is the purview of Senate Bill 2201. I have spoken to the the -- those behind this amendment, and told them there is a bill in the House that they could put this on and we'd have no problem with this. But at this time, to put this on this bill, (a) it's technically flawed, and (b) it has nothin: to do with the subject matter. And the Medical Society has said they are unalterably opposed to this. Now if you Want to make an attempt to kill the whole bill, which is trying to contain health care costs, puttin: an amendment like this on, which the Medical Society opposes, is a very good way to do it.

Well, the Chair is not prepared to rule that it is technically flawed. The Chair will rule that it is in order. The question is the adoption of Amendment No. 2 Ksic>. Is there any further discussion? Senator Brookins, you wish to close?

I just think this is a fair Way to do things; that if -- I know in my own business, if I have a death noticee I cannot tack on extra charges or et cetera. I should pass that onto the consumer or the person who is purchasing the -- the death notice. 22  STATE OF ILLIMOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 It is just a fair Way to do business, any I think that any professional will agree to that. And I ask for a favorable vote.

Question is the adoption of Amendment No. 2 Ksic> to Senate Bill 2201. Those in favor will vote Aye. Opposedr vote,Nay. And the voting 's open. Al1 voted who wish? Have al1 voted Who Wish? Have al1 voted Who wish? Take the record. On that question, there are 9 Ayes and 34 Nays, none voting Present. Amendment No . 2 <sic> fails. Further amendments/

No further amendments.

3rd Reading. Al1 right. Ladies and Gentlemen, if I can have your attention: Weîre going to move to page 3 on the Calendar - page 3 on the Calendar - and we're going to move riqht through the Calendar. And how quickly We move and how much we get done Wi11 determine the length of or the fate of tomorrow. So I Would encourage you a11 -- our plan is to work until approximately six o'clock. Hopefully, we can finish earlier than that. On the Order of Senate Bills 3rd Reading, Senate Bill 1468. 1474. Senator Dudycz. On the Order of Senate Bills 3rd Reading is Senate Bill 1474. Read the bill, Madam Secretary.

Senate Bill 1474. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Dudycz.

Thank you, Mr. President. Ladies and Gentlemen of the Senate, Senate Bill 1474 amends the Property Tax Extension Limitation Act of last year, makinq it applicable to Cook County. It deletes the 23  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 ! I ! #rOViSiOnS Of last year'S Sellate Bi11 1378, Which required al1 1 taxiIxt./ diShriCtS iD COOk COUDVX bo bzse thei1* 1992 baX levy' WhiCh I would be due in 1993, to the equalized assessed valuation of the prior year. It also clarifies the intent of the bill with a technical amendment that taxes collected in 1993 apply to 1992 levies in Cook County. With these provisionsy it makes identical the tax cap application to Cook County that the five Collar i Counties currently are living under, and that is as follows: a11 non-home units - taxing districts of government in Cook County - would be limited in their ability to increase their property tax levy to either five percent or the Consumer Price Index, whichever is less, and any increase over the five percent or CPI would be subject to voter approval in a referendum. !

PRESIDING OFPICER: (SENATOR DEMUZIO) A1l right. Is there discussion? Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate, I I ; stand in support of this bill for a number of# I think very solid, reasons. First of all, if the Constitution indeed asks for standardization of taxation, this indeed brings us into ! compliance, which is as it should be. So that, indeed, tax caps, i which have proven very favorable in the Collar Counties, and which I indeed have been -- have been acknowledged by the clerks of those various counties as having reduced double-digit rises in -- in levies, to have gone down to single digit - indeed they have done What theydve supposed to have done. eheydve slowed the growth of 1 . property taxes in those areas, which have been extremely hit by those property taxes - something which is also concurrent in i suburban Cook County. We have held innumerable hearings on thisw spent many hours. Thousands of people have commented, you know, in the Cook -- in suburban Cook County, both in northern central i i and southern suburban Cook County, that their property taxes are 24  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 literally displacing them. We have senior citizens on fixed incomes who are losing their homes and becoming homeless or havin: to -- to decide between food on their table or paying for their homes. We have had young couples Who are trying to buy into the ! market who cannot buy homes because they cannot afford property taxes. This brings us into some kind of a rational Way of doing business in suburban Cook County and adding us in With the Collar Counties' whieh is Where we should be geographically, where We should be economically, where we should be in terms of high property taxes. I would really urge the support of this Body, so that once and for al1 We can clear up this issue and bring some equity to the system.

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

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

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he Will yield: Senator Rock.

Will you again reiterate: Does this apply to home rule units, specifically the City of Chicago and the County of Cook itself? ! I PRESIDING OFFICER : (SENATOR DEMUZIO) I ; Senator Dudycz.

No, Senator Rock. Unfortunately - although, I would have wished for the City of Chicago and the Cook County governments to be included - this does not include any home rule units. It makes tax caps identical in Cook County as it is in the -- currently in the five Collar Counties.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock. SENATOR ROCK: 1 25  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT ! 108th Leqislative Day May 21, 1992 I I Well, two observations then, as I rlse in skrong opposition to , 1 Senate Bill 1474. The units of local governmenk Within the County of Cook, specifically the school districts: the park districts, the library districts, all are served by elected - elected, popularly elected - boards. And it seems to me for us to sit down here in some wave of omnipotence and omniscience and say We know better than do you in the Village of Oak Park or the 0ak Park Park District - it doesn't compute. We simply ought not do that. And 1 . I Would also point out to my friends from Downstate Illinois that this fungus is growing. We conceded last July r on the 17th or 18th day - and afforded the Collar Counties - who Were screaming for this apparently - the right to impose it upon themselves. There's no such scream in the County of Cook. And I dare say, if i r indeed . the County of Cook is now, Downstate is tomorrow. I would urge a No vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator -- a11 right. Senator Keats. ! .

The President was correct - the funqus is growing, but the fungus happens to be the growth of government that is, frankly, deteriorating the strength of this country and this State. Our problem is the growth of government at all levels. There are two ! items that every businessperson and virtually every resident will tell you is growing beyond their ability to pay: one is government; the other, frankly, is health care costs. We 're attempting to do something about health care costs a little bik right now, but we need to deal *1th the growth of government. If America is to have money for the capital investment market we need -- and no State in America is more dependent upon capital investment than Illinois. Weire a heavy manufacturing, heavy industry, exporting state. If we 're to stay competitive in the I 26  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 world marketplace: We need to be sure that people have the money available to make the capital investments that are needed for our economy to continue growing. So to pretend that somehow limiting the growth of government at some level is a negative -- the fastest increasing cost is health care. The second fastest increasing eost to every person in America is government. It isn't just local. It isn't just State. Admittedly, the Federal Government is by far the worst. But tbe simple fact is, you cannot continue to sustain that kind of governmental growth. We no longer have room for qualitative decisions. Government quantitatively has taken so much money away from the private sector, we have no option but to try and slow down the growth of this fungus that is destroying the economic revitalization of America. I kould solicit your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Purther discussion? We now have additional lights. It is going to be a very long day. There are two hundred and twenty-six bills. Senator Collins. Senator Collins, youfre on.

Thank you, Mr. President and Members of the Senate. Senator - - a question of the sponsor, please.

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

Senator, what fiscal impact Will this bill have on the Chicago schools?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Dudycz.

According to the State Board of Educatione Senator, it would have no effect. 27  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i j PRESIDING OFFICER: (SENATOR DEMDZIO) 1 Senator Collins. ! E

What do you mean it would have no effect? That's impossible, i Senator. If you -- from -- from my estimates, lt -- it is -- from ' what I've been told, it ranges somewhere from about thirty-five to forty million dollars. Now, Senator: to the bill: While I think a11 of us in this Chamber recognize the need for property tax ! I relief - there's no doubt about it - the citizens, the property owners, and especially the homeowners - single-family dwellings - are paying too much of -- carrying too much of the burden in this State. And we need to come up With some ways by which to relieve i : ' ! that burden. But this is not the way. We're playing games here. At a time when we al1 recognize that the State of -- the Federal Government and the state of Illinois -- the Federal Government has not - the State of Illinois probably cannot - provide the kind of financial support to metropolitan areas, especially large, and i small, units of government, to give them the a>sistance to provide 1 E needed proqrams and to keep up the infrastructure in those areas. And for us to be playing games here -- you know, this is just a political ploy in -- in reality. You know and I know that there's ( ! got to be some means at tbe local level for people to go about the 1 business of carrying on, not adding new services and programs, but carrying on essential existing services and programs right now . And you know that we're talking about -- your Governor's talking about taking away the monies that we Were giving them that theydve already planned in their budget. And for us to be playing games here, putting on limitations -- and school districts - you know that most of them across -- some of them are on Watch across this State and others, like the City of Chicago, has a tremendous budqet deficit to be made up now, in order to keep those schools open. What kind of games are we playing here? If you really want 28  STATE OF ILLINOIS ! I 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 to give some relief, by George, let's pass an income tax increase here, and let's add to that property tax relief in this State - which we should do - and then we won't have to play these funny games anymore. Sure, everybody at the local level can reduce their taxes on property owners and would be :lad to do so. But 1et us stop playing this game: and let's defeat this amendment, 1 and then go on about the business of doing what we were elected to k do, and that's taking care of the business of the people of this State. We should defeat this -- this bill.

PRESIDING OFFICER: (SENATOR DEMDZIO) A1l right. Further discussion? Senator Berman. ! SENATOR BERMAN: I Question of the sponsor.

PRESIDING OFFICER: (SENATOR DEMDZIO) Indicates he Will yield. Senator Berman.

What's the effective date of this bill?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Immediately upon being signed by the Governor. i

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.

All right. To the bill, Mr. President: Ladies and Gentlemen, 1 I suqgest that this may be a good ldea, but too quickly. ànd let me tell you Why I suggest that. There Will be, on the November ballotz a proposed Constitutional Amendment that would require the State to move forward in its obligation to fund our schools. The governmental bodies that will be most limited - because they are I ! the largest taxing bodies subject to this bill - will be al1 of the school districts throughout the County of Cook. We aren't 29  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21# 1992 going to be fair to the children if we pass this bill kodaye before we know that our voters are willing to commit the State, by their vote on November 3rd Constitutional Amendment, for the State to move forward With its commitment to adequately fund our schools. This bill, with an immediate effective date, puts the cart before the horse. I Would suggest that the responsible vote today is either a No vote or a Present vote, with the explanation that wedll be happy to consider this bill next year, after we see what the mandate of the voters are, regarding adequate funding of our schools. Otherwise, we are hurting the children throughout the County of Cook. I urge a No vote.

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

Thank you, Mr. President. Question, please.

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

Senator Dudycz, can you assure those of us Downstate - or, for that matter, anywhere else in the State - thae if this measure is passed, that it will not affect the School Aid Formula and cost the Downstate school districts needed funds?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Well, Senator, just to answer your question, and to clarify my answer to Senator Collins earller: According to the Stake Board of -- of Education, currentlyz with the prior year EAV , it does not affect the General School Aid Entitlement Formula, because the formula uses the certified EAV: which will be the actual 1992. And discontinuing prior year EAV in 1992 and applying tax caps does not affect the GSA entitlements also, because the formula uses the 30  STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSTON SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 certified EAV, Which Will be the actual 1992 equalized assessed valuation.

PRESIDING OFFICER: (SZNATOR DEMUZIO) Senator Luft. !

You used a very important word - 1,currently . 'f What j,appens E tomorrow? You used tbe word ''currently'' when you said you believe that it doesn't have any effect. What happens tomorrow or next l year or the year after? Would it have -- would it have -- a1l I'm asking is, does this - either today, next year, or the year after - have the potential of effectuating any change in the School Aid Formula, which Would cost other school districts funds?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Well, Senator: We have been assured by the State Board of Education that it would not. PRESIDING OFFICER: (SENATOR DEMUZIO) i i Senator Luft.

Would you explain to me then khy it doesndt? Because it's our -- a lot of people's understanding that when you reduce or inhibit the growth of assessed valuation that that Would impact the School Aid Formula -- the way dollars are distributed through the School ! I Aid Formula. Tell me why that...lmachine cutoffl...

PRESIDING OFFICER: (SZNATOR DEMUZIO) Youdre still on.

i I'd -- I'd just like to -- if you could give me a piece of the formula that guarantees us that that will not happen.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz. 31  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Leqislative Day May 2l, 1992

Well, Senator: I can just go by what the State Board of Education is telling us, and they have assured us that we are not touching the growth or the assessed valuation - just only the levy.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Luft.

Well, the growth and the assessed valuation affect the levy, and -- and al1 I -- I'm still not getting an answer. I don 't care what the State Board of -- let's just 1et it go. don't -- I think, for the purposes of those of us Downstate and in other school districts, if you are satisfied wlth the answer the Senator just gave me on why it would or would not impact your school districts, then I would vote for this. If you are not satisfied with his answer, I would assume that you should vote No.

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

Thank you, Mr. President. Ladies and Gentlemen of the Senate, this bill in no way Would affect the Downstaters any more or less than the current legislation that imposed tax caps in the five Collar Counties. To -- to Senator Berman's assertion thak a -- a Present vote may be the right vote, would interpret that, in this case, that a Present vote is identical to a No vote, so you're not fooling anybody there. Ladies and Gentlemenz property tax caps in the Collar Counties have been in effect for less than one yeare yet their effectiveness is already belng felt. One example is the Dupage County Clerk, who said that tax -- tax caps are working very well. Like Senator Topinka mentioned earlier, a1l the surrounding communities, the clerks from the five Collar Counties, they are saying that tax caps work. Ladies and 32  f' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Gentlemen, Dupage, McHenryr Will, Kaner Lake Counties, the people, the taxpayers, the property owners of those counties are enjoying the relief the tax caps are providing. They need it; they deserve it; and they have it. And the overtaxed homeowners of Cook County are just as much in need. They need the property tax; they want the property tax. Let's listen to the homeowners of Cook Countyy Ladies and Gentlemen. Let's live -- let's give Cook County the property tax caps that they also deserve.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 1474 pass. Those in favor will vote Aye. Those opposedz Nay. The votin: is open. Have a1l voted who wish? Have all voted Who Wish? Have all voted Who wish? Take the record. On that question, the Ayes are 29y the Nays are 26# none voting Present. Senate Bill 1474, having failed to receive the required constitutional majority, is declared lost. Senator Dudycz requests Postponed Consideration. Postponed Consideration. 1479. Senator Carroll. Madam Secretaryr 1479.

Senate Bill 1479. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. What is before us today in Senate Bill 1479 we had explained yesterday on amendment. It is the recommendation of the Advisory Panel on Pharmaceutical Assistance, created by both the Senate and the House, that contained, as we identified yesterday, significant public members from a1l over the State, in terms of senior citizens, the various disabled groups, labor unions, pharmacistsz pharmaceutical companies, the Retail Merchants and 33  Q .f STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 others. Basically what it said is it is time to eliminate the limitation on life-sustaining drugs that Was imposed under Senate Bill 45 last year, thereby eliminating the cap. It deals with the issue of catastrophic coverage, meaning those who have had significantly over the eight hundred dollars in costs of prescription drugs for heart medicines, diabetic medicines and the severe cases of arthritis medicines. What we have done is saidy in order to make some stability for seniors, there Will be an entry fee. That entry fee will be divided between those below the poverty level at forty dollars, and above, at eighty dollars. There will be stability in having a monthly chargez a deductible: fifteen dollars for those below the poverty level; tWenty-five dollars for those above. And if and when a person gets to over eight hundred dollars of State-paid expenses - Which means about a thousand dollars of actual prescription drugs - then that person would pay twenty percent of the difference. This way, in fact, those of our fixed-income seniors, who are low-ineome and in need of these life-sustaining drugs, will have them available all year and with the security of knowing that they don't have to go broke the first couple months in order to have life-sustaining drugs. I would urge passage of Senate Bill 1479, and answer any questions. PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Fawell. SENATOR FAWELL: Thank you very much. Will the sponsor yield for a question? PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he will yield. Senator Fawell. SENATOR FAWELL: Senator Carroll, I notice that you said that -- that those Who are at the poverty level will pay a lesser fee. How many of those at the poverty level are not already on Medicaid or Medicare? PRESIDING OFFICER: (SENATOR DEMUZIO) 34  1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Senator -- I just want to remind the Membership, We started ; out with two hundred and twenty-six bills. We're down to two hundred and twenty-five. Senator Carroll. SENATOR CARROLL: Was that an admonition, Mr. President, and I will take it as such. Senator Fawell, those Who are on some kind of public assistance or Medicaid or Medicare are usually the -- if they have ' pharmaceutical coverage elsewhereg they dre not under this. According to the Department - according to the Department - one-third of the hundred and eight Ehousand people who are users of this program - or potential users of this program - are below six thousand nine hundred and ten dollars a year in income, but not that low as to be on some other form of assistance. So they claim about thirty-five thousand of the hundred and eight thousand would be under the poverty level. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Maitland. SENATOR MAITLAND: Thank you very much, Mr. President, Members of khe Senate. A question of the sponsor, if he'll yield, sir. PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Maitland. SENATOR MAITLAND: Senator Carroll, as we dealt with the cost of this program yesterday, I think We -- we are at -- in the neighborhood of forty-seven million dollars at the seven-and-a-half-percent inflationary level. I'm wondering, in the -- in the Governor's proposal, there was an attempt to drop the -- the rent formula from thirty percent to twenty-five percent, and I notice that that's not in here. There 's been no -- been no change. That is a nine-million-dollar figure. And I'm wondering if -- if you are accounting for that. 35  STATE OF ILLINOIS j 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll. SENATOR CARROLL; No, not at all. This was only the Advisory Panel I recommendation. The Advisory Panel never had before it that ; issue, as you knowz and never discussed it. !

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

Does that not then skew the -- the cost of the program then? ! How can you ignore -- hoW can you ignore that -- that at the ! thirty-percent level it is nine million dollars more? PRESIDING OFFICER: (SENATOR DEMUZIO) ! Senator Carroll. SENATOR CARROLL: l No, it does not, Senator Maitland. They are tko separate and distinct programs, and this is the Pharmaceutical Assistance. The other is the Tax Relief Program . You know, I assume you have a piece of legislation where you can pass the other program if you wish. But according to the Department of Revenue when they were before us, they said they Were tWo separate and distinct programs. PRESIDING OFFICER: (SENATOR DEMUZIO) j I Senator Maitland. SENATOR MAITLAND: I Senator: isn't -- aren't they both appropriated in the same line item? Doesn'k it take an additional appropriation to fund the program based on not making the change to twenty-five percent?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

They are on the same line, as theydve always been, but they are two separate programs, and this does not deal -- pro or con, 36  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 108th Legislative Day May 21, 1992 , that issue. And I would suggest to you, Senator Maitland, if that is your concern, you have a vehicle that you can use to address that. This is not intended to eliminate that program or entice i that proqram of -- of the other type of tax relief. This strictly deals with the Pharmaceutical Program. There is no hidden agenda or anything else. And, you know: you can reinstate that program . I'm sure you 'd get a lot of support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland. ! SENATOR MAITLAND: I Ik is indeed an additional nine million dollars, and we have to address that. The second issue: we talked, Senator Carroll, as you'll recall, about eliminating the -- the eighty-dollar flat grant. Now that's still in there, and that -- that is a i thirteen-million-dollar issue also.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Again, that's the tax relief side of it, Senator Maitland. Deal with it as you see fit. The panel did not have before it tax relief; it had strictly the Pharmaceutical Program. We took the Department of Revenue's plan of requiring the people to pay the forty or eiqhty dollars. You know: it's the will of the Chamber and the Governor as to whether that tax relief disappears or not, but that was not addressed by this legislation one way or the other.

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

Pact of the matter is, thae's -- ehat's thirteen million dollars that impacts the benefactors of -- of this program. It is -- it is an eighty-dollar grant that they get - that ehey get. 37  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 And we're not -- we can't ignore that. That's a fact of life . Le* me -- let me -- let me shift gears and move to the generic issue, and we debated this issue somewhat yesterday. What -- what assurance do we have -- the only thing we have now on generic ls -- is the rules and regulations as promulgated by the Department. What -- what -- what incentive is there - what incentive is there - for generics, with no copayment below eight hundred -- eight hundred dollars?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

I guess maybe my quote should be of Mary Ann Eriekson, Who We consider one of the experts in dealing kith the industry and the field, who heads the McLean County - established under the late Supreme Court Justice charitable functions, that the fact -- firse of all, ninety-seven percent, according to the Departmente are generic. Secondly, it's my understanding that they require, if generic's available, that the person pay the difference bekween qeneric and prescription. And thirdly, the incentive to the user not to go over the eight-hundred-dollar level and start paying the twenty percent. And everybody kas comfortable, as I understood it, Senator Maitland, 'cause we had about tàree meetings of discussions of thak. It's my understanding that, at least from all those who talked, that the Department, the Retail Merchants, the seniors, everybody else was comfortable that this would still encourage the usage of less-expensive drugs - in fact' even more so, because the user would then say to the doctors, f'Hey, why am I starting to have eo pay out of pocket? I don't want to have to do b'hZ Q'*î'

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

38  STATE OF ILLINOIS 87th GENERAL ASSEMBLV l REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Senator, from the very beginning, our goals and objectives have been the same -- the same. We Were trying to deal with the catastrophic cases which were not addressed last year under the plan, and I guess the concern we have is other than -- other than the rules and regulations as to what is paid to the pharmacist, the only incentive to use generic drugs, up to eight hundred dollars, is the fact that -- that once they get over eight hundred, then we start out with -- with a small copayment. So ! people who don't use a 1ot of drugs, under the eight-hundred-dollar limit, have no incentive whatsoever - whatsoever - to use generie drugs. Now I don't knok what the j I percentaqe is, but I question that, and I think that's -- that needs to be of concern. The -- the other point, and my final I I point, Senator, is simply the -- the budgetary impact of this issue. It is substantially above what We have budgeted, and because of thatz the catastrophic nature of -- of the language, I ! think, in this proposal, is less of value than it is in some of the earlier proposals. And I would rise to -- to oppose the ! leqislation.

PRESIDING OPFICER: (SENATOR DEMDZIO) All right. Ladies and Gentlemen, We have a number of Members who wish to speak. Senator Dudycz, for what purpose do you rise? I

Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. State your point. .

Ladies and Gentlemen, in the SenaEe gallery on the Republican side, we have some special guests this -- this morning. We have I Mr. Bohdan Watral. He's the treasurer and the CEO of the Self-Reliance Ukrainian Federal Credit Union, from Chicago. And with him is a visitor -- visiting guest from Ukraine, Mr. Roman 39  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21z 1992 : Tanas, and I would like to Welcome them to the Senate. I

PRESIDING OFFICER: (SENATOR DEMUZIO) our guests kn the gallery please rise. Welcome. Al1 right. 1 ! Further discussion? Senator Jacobs. SENATOR JAcoBs: I Thank you, Mr. president. ïou know, you mentioned it a little I bit earlier. You knoW, We're really making speedy progress here, and I guess I Would just like to state that We discussed a1l ehese amendments yesterday. You know, as Everett Dirksen has said, there's been many an argument that has changed my mind; none that . ! have changed our vote. Why in the hell don't we just get on with I this process? PRESIDTNG OFFICER: (SENATOR DEMUZIO/ Further diseussion? Senator Watson. !

Thank you. Just a couple of comments. I'm a -- a practicing I ! pharmacist - still work in the drugstore - and I -- When this program was instituted last year, why there was an incredible : amount of confusion among the public as to how this was goinq to ultimately revolve. And now, as people qet to the eight hundred dollars, they -- you know, they didn't realize, back then, that 1 there was this cap. And -- if you think that the public is going to understand what you're doing here, and is going to be eoncerned about that eight-hundred-dollar cap, and as a resulk they're going to go to the generic drug, Senator, I think -- I think you're totally wrong. They just -- they don't understand, and it's -- a letter from the Department of Revenue isn 't going to make it any easier for them . Tbe success of this program and the fact that you mentioned the ninety-seven-percent generic eompliance is a result totally of the copay. Right now, they come in, they can pay five dollars for generic, ten dollars for brand name. Ninety-seven percent of the time, they use generic. That -- that 40  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 saves them . That saves the State. It's a Win-win situation. Now, youdre eliminating the copay. Here comesMrs.Jones. She 1 ! brings in her prescription. She doesn't understand that she has to ask for generic, because shefs not concerned. She doesn lt realize there 's an eight-hundred-dollar cap . She's not worried about that, because this is July, not April. They'll come in; they'll get the brand name. And that won't be done by any reason E other than the fact that the prescription maybe says no generic I equivalent can be used. So the pharmacist doesn't call the doctor. He doesn't take the time to call the doctor. He gives I her the brand name. Lose-lose. Lady lose. Mrs. Jones lose, i because her eight-hundred-dollar cap will be reached quicker. The taxpayer loses, because lt's golng to cost more for the program. I I mean, the beauty of the whole system that we came up with last year and the suecess of it revolved - and still revolves - around I the copay . And for us to eliminate thatz at this particular time, ! is a big mistake, and we ought to defeat this legislation, ! frankly. j I

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

Yes. Thank you, Mr. President and Members of the Senate. I rise to, basicallyz explain my vote, because I'm probably going to vote in a way that is not tradition as to how I support issues, ! because I am not -- my vote does not reflect in any way my support for the merit of this bill. There's no doubt about it. This bill is what we ought to be doing. But I do have a real problem right now, because I stand today and my vote is in support of a group of people out there that are politically unempowered . These are *he l people that Were turned off of General Assistance, Transitional l Assistance; not the able-bodied people that most of you are talking about, not the category of these so-ealled lazy people 1 41  STATE 0P ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 that don't want to work and not doing anything, but We lre talking I about sick people - people that Were on maintenance drugs and people that are noW ending up in hospitals because they are suffering from seizures, because they were diabetics, or because they had some other problems that Was essential for them to have access 'and afford maintenance medication. And there is nothing happening around here at this point in time to address that issue for that category of population of people. And my problem and concern is that we ought to prioritize what we do. Yes, senior citizens need this relief. I've supported them over and over, and I will continue to support it. But what I'm talking about today is priorities. We ought to look to support those first in times of -- when we have to exercise fiscal restraint, those who can least afford and cannot get help any other way, who look to us for help . And until we ean work out some agreements to deal with those sick people on maintenance drugs, I k1l1 not be supporting this bill. Thereforey T would vote Present.

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

Thank you: Mr. President. Will the sponsor yield to a couple of questions?

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

Senator, as I read our analysis, there are two copayments -- or not copayments: I'm sorry, two buy-ins that are set up in this bill. 0ne is an eighty-dollar buy-in: Which is what everybody pays now, currently. The other one is a forty-dollar buy-in for those below the poverty level. What is the additional cost to fund a forty-dollar buy-inz rather than an eighty-dollar buy-in?

PRESIDING OFFICER: (SENATOR DEMUZIO) 42  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Senator Carroll.

My recall, I Senator Schuneman, and forgive the vagueness of I what's about to be my answer, but even When the Governor switched I to a catastrophkc coveraqe, he too suqgested forty dollars for those below the poverty level - which, to correct somethinq I said ! to Senator Fawell, is actually 6810 - and eighty dollars for those above. My recall was, I think, like a million- to two-million-dollar difference, but I'm not sure of that, because we stopped talking about that very early in the process When everybody was in agreement that there should be that difference.

PRESIDING OFFICER: (SENATOR DEMPZIO) Senator Schuneman.

Well, as I understand it, about two-thirds of the people who participate are estimated to be below the poverty level. Is it the other way around? One-third are belok the poverty level? But ! that difference between the forty-dollar buy-in and the eighty-dollar buy-in does have a cost, and I'd be interested in ' knowing what that eost is. The other thin: that has a cost -- and you know, We're a11 interested in maintaining this program. I don't think this is a city versus rural program, nor is it -- is i it a racial program. There are people throughout the State that take advantage of this. But if We want to be able to contlnue to afford this program , we should not -- Mr. -- Mr. President, could I we have a little attention this morning? PRESIDING OFFICER: (SENATOR DEMUZIO) 1 . Yes .

This is an important issue to all of us.

PRESIDING OFPICER: (SENATOR DEMDZIO) Senator. I -- I think youdre -- it's mostly on your side: 43  l STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT l08kh Legislative Day May 21, 1992 but...

Well, that could be. That could be.

PRESIDING OFFICER: (SENATOR DEMDZIO) you're absolutely correct. Ladies and Gentlemen, please. Senator Schuneman. ! SENATOR SCHUNEMAN: ! This -- this particular bill is important to every Member here, and if we want to maintain this program, we've got to ! control the cost. We should not approve a plan that tends to I enrich the pharmaceutieal companies - to enrich the pharmaceutical ! companies - at the expense of the recipients who need medication. The way you do that is to encourage the use of generic drugs. I This bill does just the opposite. This bill tends to promote the ! use of whatever drug the doctor puts on the prescription, and the pharmacist Will not question it, because there's no difference in the cost to the recipient. We shouldn't be doing this. This is a I ! step in the Wrong direetion, and I urge that We reject this. Let the sponsor take the bill back, reWork it, correct it so that it ! will not have runaway eosts built into the system.

PRESIDING OFFTCER: (SENATOR DEMDZIO) A11 right. Further discussion? If -- Senator Hawkinson. ! SENATOR HAWKINSON : E Will the sponsor yield to a question?

PRESIDING OFFICER: (SENATOR DEMUZIO) He indicates he will yield. Senator Hawkinson.

Senator, I think much of what you Want to do here many of us support, but theargumentthatiscarryinqthedayformeisthe 1 I removal of the copay, which has seemed to work so Well. It has, as you #ve indicated, resulted in ninety-seven percent use of generics. I think many of us agree that the cap is not working i 44  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 and ought to be removed. My question is this, are you willing to kake it back or to commit in the House to putting the copay back on to continue to encourage the use of generics?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Let me clarify the obvious confusion that is happening on this Floor. This was highly discussed over four or five meetings. One, the Governor's program of copay was absolute mass confusion for everybody, and al1 the Members agreed, al1 sides of the aisle, that that had to go by the wayside. Twog the senior must pay the difference between a generic equivalent and a prescription, if a generic -- or a prescribed drug, if a generic is available. That is the most effective eontrol, entirely. That's why We decided to qo# Senator Hawkinson, kith the monthly charge - the monthly eharge - for consistency, and that if the senior then had to -- had the choice of taking a prescription drug or a generic was available, they had to pay the difference.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Hawkinson.

Well, Senator, IIm told there's no authority in the 1aw for the Department to insist upon ehat difference being paid. Can you tell me where that authority is?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Those were the Department's words at *he hearing. I took their Word for it. I don't think there Was ever a question about that, 'cause that was discussed often as one of the accomplishments we wanted to have out of this. And so, you know, we can ask them for further clarification, but that was -- I don't 45  STATE OP ILLINOIS 1 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 think that was ever in question, Senator Hawkinsonz and the question was asked and answered several times.

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

Thank youz Mr. President and Ladies and Gentlemen of the Senate. Let me just say I think wedve covered that issue that the i senkor has to pay the difference. Let me just make a few other brief points. This is not runaway costs. The Department of Revenue ran the numbers for us. There is the copay at the ' higher ! levels. We know the number of people. They've given us -- the I i Department did a good job givin: us a1l these numbers of how many i are usin: at each level of dollars. This year, for '92, we said there was about forty-seven million dollars available to help ! low-income, fixed-income seniors obtain life-sustaining drugs. This is not an open-ended program. This is not a program that goes ï with a laundry list of diseases for which seniors can get help. ! It's heart medicine. It's diabetic medicine - insulin. And it's the rheumatoid arthritic medicines. Thatîs it. Just those three, because those were felt by the General Assembly and the Governor I at the time to be life-sustaining medication for senior citizens. r I believe we do have available - and sbould have available - the amount we're spending this year, after the horrors of Senate Bill ! 45 and the cap. We wl11 spend no more without a cap than the Governor spent with a cap. And I finally refer you to AXRP, who è representsa11of the seniorsa1lovertheState,analyzeda11 of 1 the proposals - the Governorfs and the various ones Ehat We, the panel, looked at - and said this is the one that Will truly work best. The same statement as a11 the other players in the field, from the Retail Merchants' side to, again, the charitable people, and I mention again Mary Ann Erickson, only because she Was so wonderful in providing us practical information of how it happens 46  i STATE 0P ILLINOIS 87th GENERAL ASSEMBLY . I REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 at the actual store, and with the elderly coming in. This is what . ! will work, to 1et them have life-sustaining drugsy but live within 0ur means. I Would urge passage of Senate Bill 1479. l

Question is, shall Senate Bill 1479 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Save a12 I voted who wish? Have al1 voted Who wish? Have all voted Who i wish? Have all voted who wish? Have al1 voted Who wish? Take the record. On that question, there are 32 Ayes, 21 Nays, 3 I voting Present. Senate Bill 1479, having reeeived the required constitutional majority, is declared passed. 1483. Senator Carroll. Read the bill, Madam Secretary. : END OF TAPE TAPE 2

Senate Bill 1483. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Carroll.

Thank you, Mr. President. This is the annual awards bill, and ' I would ask for a favorable roll call.

Discussion? Senator Geo-Karis. If not, the question is, shall Senate Bill 1483 pass. Those in favor, vote Aye. Opposed, vote Nay . And the voting's open. Have al1 voted who wish? Have 47  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 1483, having received the required constitutional majority, is declared passed. 1490. Senator -- I'm sorry. Senator Geo-Karis, for what purpose do you arise?

Mr. President and Ladies and Gentlemen of the Senate, on a point of personal privilege.

State your point, please.

In khe President's Gallery are two of our very good citizens from Lake County: Mr. John James Mccaughey - M-C-C-A-U-G-H-E-Y, the President of the Warren-Newport Credit Union; and my other good friend, Fritz Kraus, from the Johns-Mandeville Credit Union. And we're very happy to Welcome them here today.

Will our guests please stand and be recognized. Welcome to Springfield. Senator Topinka. 1490. Read the bill, Madam Secretary, please. 1490.

Senate Bill 1490. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Topinka.

Yes. Mr. President, Ladies and Gentlemen of the Senate, I'm hopeful that this bill Will not take as much time as some of the others that have preceded it, and we can move along. This allows the Department of Revenue to adopt rules and regulations for payment of income tax by credit card. It's very similar to 48  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 j ! something that Congressman Rostenkowski has -- has under consideration federally. Eight states currently have this. It is permissive, so that it allows the Department of Revenue to use it when and if and how they are ready to use it, and it also carries the amendment that Senator Luft had suggested, so that in -- in -- ë at no time would the State pick up the service charge. There ls no fiscal impact. The Department of Revenue supports it, and I don't know of anybody that's against it at this time.

Discussion? If not, the question is# shall Senate Bill 1490 pass. Those in favorz vote Aye. Opposed, vote Nay. The voting 's open. Have a11 voted who wish? Have a11 voted Who Wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 1490, having received the requlred constitutional majority: is declared passed. 1510 was on the Recall. Senator Geo-Karis, for what purpose do you again arise?

Mr. President, Ladies and Gentlemen of the Senate, another point of personal privilege.

State your point.

In the gallery behind us are two of our constituents from Libertyville Township: our newly elected State Representative-to-bez Andrea Moore, and her good friend, her campaign manager, Carol Hannigan - from Libertyville. I'm very happy to have them here.

Will our guests please stand and be recognized. Welcome to Springfield. Top of page 4. 1511. Read the bill, Madam Secretary . 49  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT 108th Legislative Day May 21, 1992

Senate Bill 1511. (Seeretary reads title of bill) 3rd Reading of the bill.

Senator del Valle. SENATOR dEL VALLE: i Thank you, Mr. President. Senate Bill 1511 requires the State Superintendent of Education and the Department of Professional Regulation Eo file annual reports concerning complaints, investigations and disciplinary action taken against trade schools under their jurisdiction. This is part of the continuing effort to ensure that trade schools are not ripping off students, and that we have an informed consumer that can make decisions based on information that is obtainable through the Department of Professional Regulation and State Board of Education. I ask for a favorable roll call.

Discussion? Any discussion? If not, the question is# shall Senate Bill 1511 pass. Those in favor, vote Aye. Opposed, vote Nay. And the voting's open. Have a11 voted Who wish? Have all voted who wish? Have al1 voted Who Wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Senake Bill 1511, having received the required constitutional majority, is declared passed. 1518. Senator Luft. Read the blll. Madam Secretary, please.

Senate Bill 1518. (Secretary reads title of bil1) 3rd Reading of the bill.

Senator Luft. I 50  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992

Thank you, Mr. President. Each year We put forth vehicle bills dealing with different taxes. This is the vehicle bill for the income tax, one I -- hope we will never use. But up until that time, I hope we can move it over to the House.

Discussion? If not, the question is, shall Senate Bill 1518 pass. Those in favor, vote Aye. Opposed, vote Nay. And the voting 's open . Have al1 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 37 Ayes: 12 Nays, none voting Present. Senate Bill 1518, having received the required constitutional majorityz is declared passed. Senator Watson. 1520. Read the bill, Madam Secretary, please .

Senate Bill 1520. (Secretary reads title of bill) 3rd Readin: of the bill.

Senator Watson.

Thank you, Mr. President. We passed legislation, which took effect January 14th of last yearr that required that bidders at a tax sale must regiseer with the county treasurer ten business days prior to the sale. What this -- what would happen, and people would show up at the sale and not be able to bid because they didn': register. What we're doing here is just pueting language into the laW that Would require that a statement be made in this advertisement that would say that the individuals should be registered with the -- with the county treasurer. There was an amendment put on by Senator Woodyard that had five provisions, and I 'm going to defer to Senator Woodyard, I could at this time, 51  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 to explain the amendment.

Senator Woodyard.

Thank youz Mr. President, Members of the Senate. This is the amendment that We did adopt yesterday. As far as I knowy it's noncontroversial. The bill has basically become a -- a Department of Revenue administration bill. Be glad to go through these particular portions if you'd like. Other than that, I'd move for passage.

Discussion? If not, the question is# shall Senate Bill 1520 pass. Those in favor' vote Aye. Opposed, vote Nay. And the voting's open. All voted kho wish? Have all voted who wish? Have all voted who wish? Take the reeord. On that question: there are 56 Ayes, no Nays, none voting Presenk. Senate Bill 1520, having received the required constitutional majority, is declared passed. 1526 is on the Recall List. 1533. Senator Severns. Madam Secretary, read the bill, please.

Senate Bill 1533. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Severns.

Thank you, Mr. President, Members of the Senate. Senate Bill 1533 is the agreed-upon bill that emerged from both the community cancer councils and now it's been agreed to by the Illinois Life Insurance Council. What it doesz in essence, is provide that the insurance industry does not deny coverage to a cancer patient for the use of an FDA-approved off-label drug. What that says, in 52  STATE OF ILLTNOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 essence, is -- is at the time the FDA has approved the drug, if ! they list certain cancers as being the cancer of which that drug should be applied in, and later it's -- it's determined that that i drug can be effeetive With another caneer, and it has been FDA-approved, that the insurance industry should not deny coverage I to the cancer patiente just because it's not listed on the list. I know of no opposition now, and would appreciate a favorable vote. !

Discussion? If not, the question is: shall Senate Bill 1533 I pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A1l voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 57 1 Ayes, no Nays, none voting Present. Senate Bill 1533, having received the requtred constitutional majority: is declared passed. II If I can have your attention, Ladies and Gentlemen, WclA-channel 3 has requested permission to shoot some videotape. Without 1 objection. leave is granted. 1541. Sehator Marovitz. Read the bill, Madam Secretary, please.

Senate Bill 1541. ! (Secretary reads title of bill) ! 3rd Reading of the bill.

! Senator Marovitz. '

Thank you very much, Mr. President, Members of the Senate. l Senate Bill 1541 addresses a problem that both Cook County State's Attorney Jack O 'Malley and Alderman Pat O 'Connor agree needs to be ; addressed. It extends the safe school zone protections to silencers, machine guns and people who are trying to conceal their identity, such as carrying guns around with hoods. Thatfs i 53  - 1 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 basically what tbe bill does. I know of no opposition to the legislation, and I solicit your Aye vote. p

Discussion? If not, the question is, shall Senate Bill 1541 pass. Those in favor, vote Aye. Opposed, vote Nay. And the voting 's open. Have a1l voted who Wish? Have a11 voted who wish? Have a11 voted Who wish? Take the record. 0n that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 1541: having received the required constitutional majorityy is declared passed. Senator Maitland, 1546. Madam Secretary, read the billy please.

Senate Bill 1546. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Maitland.

Thank you very much, Mr. President and Members of the Senate. Senate Bill 1546 adds five dollars to the insurance producer's license fee and provides that those funds go to Illinois State University's Center for Insurance and Finance. There are a multitude of insuranee companies domiciled in Illinois who have made strong financial pledges and commitments to this continuing professional program for the insurance industry. Those -- those members of the industry had soughk out Tllinois State to put together this type of program. With the advice -- with the advice of the Independent Insurance Agents of Illinois, who stood neutral on this bill, we put a -- an eighteen-month sunset on the bill to make sure that the money that was being used to fund the Center for Continuing Insurance Education did not find itself in some other category in State Government. I committed to that, and -- 54  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 and, therefore, they -- they withdrew their opposition to the bill. There have been some statements of misinformation about this bill, and I -- I regret that very much. It seems to me that the plan -- it seeps to me that the plan is a classic example of -- of business and industry and education workin: together with a new partnership that's not -- thatês not been apparent in the past. I would stand ready to answer any of your questions; otherwise, would appreciate your support.

Discussion? Senator Macdonald.

Question of the sponsor, please.

Sponsor indicates he will yield, Senator Macdonald. SENATOR MACDONALD) Is this fee on all insurance agents? Is this for just one i university or are these proqrams in other universities, or is this -- will tbis be an assessment on insurance agents for just -- for just Southern Illinois? What? ISU, yeah.

Senator Maitland. 1 SENATOR MATTLANDZ Well, Senatory I'm not -- I'm not sure I understand your question. Let me think -- 1et me answer the way I -- I think I should. First of ally it is a five-dollar fee on al1 insurance agents in the State of Illinois. That money will go Eo, nok Southern Illinois University, but will go to Illlnois State University for their -- for their continuing professional program. This is known throughout the university system. The University of I Illinois is well aware of this. They don't have a proqram like this. Tbis is the only program of its kind in tbe State, and -- and thereforez it goes nowhere else. 55 l STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 PRESIDENT ROCK: Further discussion? Senator Schuneman. SENATOR SCHUNEMAN: ! Thank you, Mr. President. Well, I rise in strong opposition . to this bill, and I guess it's only proper for me to admit at this point that I've :ot a five-dollar conflict of interest. Butz believe me, it's not the five dollars. Just -- just a minute. 1.11 take care of that right here. What we're doing here is starting a -- a new tradition in taxation. And those of you who ! represent University of Illinois, Southern Illinois University, Northern, Western, a11 the rest of the schools in the State Who have professors who want to start a program , pay attention - because this is your day of opportunity. What's happened now in Illinois State University is that a couple of companies domiciled in Bloomington, and a few other companies - that's true - have made contributions to the idea of establishing a School of Insurance in Bloomington. And I have no problem with that. That's a Wonderful thing for them to do. However, you realize that we have thousands of insurance companies doing business in Illinois, and theylre not taxed one cent for this school. What seeks to be done here is to tax the insurance agents who live al1 over the State, for the specific purpose of funding one program at one State university. Now if this idea catches on, I -- I've already suggested to Senator Maitland that I would prepare a bill taxing farmers to support the School of Agriculture at the University of Illinois. He said he dll support that bill. Others may not. But if you want to start an architectural school at Southern Illinois Universityz then tax the architects, who probably aren't going to use that school anyway. They're past the point, for the most part, of using the programs that the universities are going to have to train people. You can apply this to the medical field. You can apply it to -- to probably teachers 56  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Who are certified by the State. You know, there's no end to what we can do with this. Maybe better we not start it.

Eurther discussion? Senator Brookins.

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

Indicates he Will yield, Senator Brookins.

Yeah, thank you. Senator Maitland, who has control over this fund and who audits this fund?

Senator Maitland.

Senator, there is a -- there is an advisory -- not an advisory committee, a committee of individuals of individual companies Who have the financial interest in -- in this fund and in the program. And there are a number of major companies involved here, including - includin: - the Director of the Department of Insurance for the State of Illinois, Stephen Selcke, also sits on that board. In addition to that, with the creation -- with the passage of this legislation, there will also be a board of insurance agents and producers who will also have say-so over how the funds are used and expended.

Senator Brookins.

Thank you, Mr. President, and to the bill: we have created here in the State of Illinois a11 kind of special little funds that we on the Appropriation Committee or we as Senators have no control over. And therefore, they spend them where and why and 57  ' j i STATE 0F ILLINOIS 87th GENERAL ASSEMBLY : REGULAR SESSION SENATE TRANSCRIPT ' 108th Legislative Day May 21, 1992 how they want to. We have just witnessed that in other agencies - and I will not go into naming those agencies that have spent these funds - and we have no control or no say-so over how they spend them , when they spend them, and Who they spend them With. These are new forms and a new avenue of taxing citizens of the State of Illinois without callinq them a tax. We are now callin: them user fees. These are actual taxes. So in essence, what We would be doing is taxing a certain body of the State of Illinois. And therefore, I must oppose this legislation. PRESIDENT ROCK: Further discussion? Senator Luft. SENATOR LUFT: Thank you, Mr. President. Every speaker that I've heard against this proposal has given me reasons to support it, and 1911 tell you why. What better opportunity do you have, and What better movement should We have, than to move forward using public-private in the academic world? These are three groups together that are trying to provide a learning process - an incubator - for us to move forward. Now we have sat here and appropriated three million dollars to a consortium of the same type group of taxpayers' dollars. We have voted for engineering schools at Northern. We have had all types of projects that wedve done. We're not even askinq for tax dollars. Wedre asking for a five-dollar feez which: by the Wayz I have a conflict because it costs me five dollars also on this bill. But we -- we are asking -- and I don't know whether Senator Maitland mentioned it or not - this sunsets in eighteen months. I think I'm correct on that. This is not ongoing. What ke dre doing is# as Senator Schuneman said, we 're providing a day of opportunity, and we are starting a new tradition and/or continuing a tradition that if we haven't set in this Body, we should - and that's using the public, the private sector and the academic world to create movements forward. And I 58  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 think this bill does that: and I would hope we Would support this. It doesn't cost the taxpayer anything. PRESIDENT ROCK: Further discussion? If not, Senator Maitland may close. SENATOR MAITLAND: Thank you very much, Mr. President, Members of the Senate. It is unfortunate again that some of the comments made with respect to the bill, b0th here and earlier, simply, simply are not -- are not true. Again, the industry came to the University and asked them to consider something like this. It is new. Senator Luft says it's an incubator. It's the beginning of a new approach to a business and academic relationship. It's something that we ought to try. It's something that we ought to do. Insurance agents want and need continuing programs. Just the fact that there are -- there is one major -- two major companies in Bloomington and it happens to be Illinois State University is irrelevant. There is a list of insurance companies domiciled in this State who are a part of this and who have made a financial contribution. And let me elose with one final comment: A -- a member of the Life Underwriters called me yesterday, had received a letter, or a phone call, from the organization that he 's a part of. They are, by the way, the only -- the only opponent to this legislation. He resented the fact - he resented the fact - that he was not asked, and as far as he knew, board had not acted upon this kind of a decision. He supported it strongly, because he supported a eontinuing program. This is a neW initiative, something that ought to be supported. I would appreciate your Yes vote. PRESIDENT ROCK: Question is, shall Senate Bill 1546 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Have al1 voted who wish? Have a11 voted Who Wish? Have al1 voted Who wish? Take the record. On that question, there are 14 Ayes, 37 ' . 59  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Nays, l voting Present. Senate Bill 1546, having failed to receive the required constitutional majority, is declared lost. 1547. Senator Davidson. Madam Secretary: read the bill, please.

Senate Bill 1547. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Davidson.

Mr. President and Members of the Senate, 1547 came from the Employees' Award Committee. We passed it out of here last year 59 to nothing. It didn't get called in the House. This has the possibility of bringing in twelve million additional dollars to the State of Illinois. I appreciate your favorable roll call.

Discussion? If not, the question isz shall Senate Bill 1547 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting 's open. All voted who wish? Have al1 voted Who wish? Have al1 voted who wish? Take the reeord. 0n that question, there are 56 Ayes, l Nay, none voting Present. Senate Bill 1547, having received the required constitutional majority, is declared passed. Senator Fawell, on 1555. Madam Secretaryz read the bill, please.

Senate Bill 1555. (Eecretary reads EiEle of bill) 2nd -- pardon me. 3rd Reading of the bill.

Senator Fawell.

Thank you very much. The amendment is actually the bill. We have been working very closely with the -- with the House Members 60  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 to try and get a a bill that everybody could agree on. If the Republicans at least will read the Statutes, they will tell basically what does. It defines stalking. It defines exagger#ted Ksic> (aggravated) stalking. Stalking becomes a -- Class 4 felony. Aggravated stalking becomes a Class 3 felony. The defendant can be denied bail if, after a hearing, the court determines that the defendant poses a real and present danger to the physical safety of any person, and it is necessary to prevent fulfillment of that threat on which the charge is based. And if the defendant is convicted of the offense and is sentenced eo the Department of Corrections, the court may order the Prisoner Review Board to consider, as a condition of supervised release upon completion of the sentencey that the defendant gets mental health counseling. 1111 be happy to answer any questions. It is the stalking bill.

Discussion? Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of ehe Senate, I received a letter from a lady in Dupage County whose ten-year-old daughter Was molested repeatedly by a joker who finally got some probation, and he keeps stalking the child, comes around the house constantly, has the child in complete terror. I think this is a very good bill, and it's high time that we put -- go after these people who take it upon themselves to annoy and hurt other people with their rotten acts. And I certalnly support Ehis bill.

Question 1s, shall Senate Bill 1555 pass. Those in favorg vote Aye. Opposed, vote Nay. The votingîs open. Have a11 voted who wish? Have a11 voted who wish? Have a11 voted who wish? Have a11 voted who Wish? Take the record. On that question, there are 56 Ayesy no Nays, none voting Present. Senate Bill 1555, 61 ; STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l08kh Legislative Day May 214 1992 having received the required constitutional majority, is declared passed. 1556. Senator Luft. Read the bill, Madam Secretary, please. SECRETARY HAWKER: Senate Bill 1556. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Luft. SENATOR LUFT: Thank you, Mr. President. This btll is a shell bill to deal specifically with, at this point, mandates. There is no consensus on how we should, if we should, deal with mandates. I have sugqested to the Minority Spokesman on Revenue that if this bill does come back with anything on it and/or winds up in a conference committee. that the text of that conference committee or amendment will be brought forth to the entire Revenue Committee for discussion. PRESIDENT ROCK: Discussion? Senator Demuzio. SENATOR DEMUZIO: Itdll probably come back saying it takes eighty percent of the Legislature to vote in order to pass anything. PRESIDENT ROCK: Further discussion? If not, the question isz shall Senate Bill 1556 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A11 voted who Wish? Have a1l voted Who Wish? Have all voted who wish? A11 voted who wish? Take the record. On that question, there are 55 Ayesp no Naysy none -- 1 voting Present. Senate Bill 1556, having received the required constitutional majority, is declared passed. 57 is on the Recall. 64 is on the Recall. 1567. Senator Cullerton. Read the bill, 62  15 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l: 1992 Madam Secretary, please.

Senate Bill 1567. I ! (Seeretary reads title of bill) i 3rd Reading of the bill. PRESIDENT ROCK: I . j I Senator Cullerton. , : SENATOR CULLERTON : : ! Yes. This is not a controversial bill now. It did have an amendment adopted in committee that dealt With motorcycle helmets. That amendment Was tabled, and now the bill is as it Was l originally introduced. It just simply requires that the vehicle accident reports -- have an indication there as to whether or not someone was wearing a seat belt and, if so, -- and - I'm sorry - and whether or not they were seated in the front or the rear of the vehicle. Would be happy to answer any questions, and would k indicate once again that we tabled the amendment that was the controversial amendment dealing with the motorcycle helmets. Be happy to answer any questions. Move for an Aye vote. ! l

Discussion? Senator Davidson. SENATOR DAVIDSON: j Question of the sponsor.

Indicates he kill yieldz Senator Davidson.

Senator Cullerton, do we have any kind of assurance that we wonlt see this bill back With the controversial amendment put on ! it in the House that was tabled here in the Senate?

Senator Cullerton.

63  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Yeah, you have my assurance. If they were to put an amendment on this bill dealing with motorcycle helmets: I Would table the bill, not call it in the Senate.

Further discussion? Senator Brookins.

Question of the sponsor, please.

He indicates he will yield, Senator Brookins.

Senatorp when was the amendment tabled? I must have missed that.

Senator Cullerton.

Yesterday we -- I tabled the amendment that required motorcyclists to Wear a helmet.

Senator Brooklns.

IIm sorry, must have been someWhere. I Was not aware that that bill had been tabled. But let me just take khis opportunity to say to the Senate and to the Members of the Senate here guess this will be my last Session here, and I'm kind of amazed that over eight years I have championed the cause of this mokorcycle helmet, because I am eonvinced that it saves lives; it saves the State money. I'm -- I know that is supported by every agency that has anything to do With disabled people or or people that are injured by accidents. -- I'm kind of overwhelmed that my colleagues cannot see that this is a savings to the State. It is a savinqs of lives. And in the past, have joked and said that I have a conflict of interest when I save 64  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 lives, because I am a funeral director by profession. And the first case that I ever handled Was a friend of mine. And he Was an insurance agent, and he rode a motorcycle and was killed on the Dan Ryan because he did not have on a helmet and his head hit the sidewalk hit the pavement. And that killed him. Had he had a helmet, he Would have lived. I also know that ït Was reported to me that over four hundred motorcycle riders and clubs converged in the district where I Was running, and caused -- or contributed to the defeat -- my defeat. And that don't bother me so much. But what bothers me is that here a colleague tabled a bill without even consultin: me or saying that he was going to table it. And that kind of -- that kind of -- that kind of smarts a little bit. Thank you for giving me the privileqe of saying those few words.

Further discussion? Senator Cullerton, you wish to close?

Ask for a favorable vote.

Question is, shall Senate Bill 1567 pass. Those in favor, voee Aye. Opposed, vote Nay. The voting's open. All voted Who wish? Have al1 voted who wish? Have a1l voted who Wish? A1l voted who wish? Take the record. On that question, there are 47 Ayesy 6 Nays, none voting Present. Senate Bill 1567, having received the required constitutional majority, is declared passed. 1570. Senator Davidson. Read the bill, Madam Secretary, please.

Senate Bill 1570. (Secretary reads title of bill) 3rd Readlng of the bill.

Senator Davidson.

65  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Mr. President and Members of the Senate, this is a bill that gives some good samaritan relief to those individuals under the Motor Vehicle -- Code or cause to give aid to someone that Would be injured if they're involved in an accident. This has been amended, worked out with Senator Dunn and who's Chairman of the Judiciary Committee. And to my knowledge: thereîs no one in opposition to it. I'd appreciate a favorable roll call.

Discussion? If not, the question is, shall Senate Bill 1570 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A1l voted who wish? Have all voted who Wish? Have all voted who wish? Take the record. On that question, there are 52 Ayes, no Nays, none voting Present. Senate Bill 1570, having received the required constitutional majority, is declared passed. Top of page 5. 1584. 1588 is on the Recall. 1590. Senator Sam . Read the bill, Madam Secretary, please.

Senate Bil1 1590. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Vadalabene.

Yes, thank you, Mr. President# Members of the Senate. 1590 -- Senate Bill 1590, as amended, requires any business which is located Within the enterprise zone who has received tax credits for any other benefits: other -- tben they have to notify the DCCA ninety days in advance of the end of any business operaeion connected with the enterprise zone. This has been worked out with business and witb labor, and I would appreciate a favorable vote.

Discussion? If not, the question is, shall Senate Bill 1590 66  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21r 1992 pass. Those in favor, vote Aye. Opposed, vote Nay . The voting ls open. Have a1l voted who wish? Have all voted Who Wish? Have a11 voted who Wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 1590, having received the required constitutional majority, is declared passed. 1592. 1600. Senator Marovitz. Read the bill, Madam Secretary: please.

Senate Bill 1600. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Marovitz.

Thank you very mueh, Mr. President and Members of the Senate. This is a child accident prevention b1ll Which says thae if you keep a loaded firearm around where there are small children likely to gain access to that firearm, that you, as a responsible gun owner, have a responsibility to secure that weapon somewhere away from the small children, either With a trigger-lock mechanism or a combination lock or a lock and key. And if you dondt, that a Class A misdemeanor -- you will be guilty of a Class A misdemeanor if there is a resultinq shooting. When the bill was up, parents of a three-year-old -- excuse me, an eight-year-old little girl that was shot in the Chicago Public School System Were down. She was at the Rehab Instieute. Gun Was taken from her father's home and shot off in the classroom, accidentally woundin: this little girl in the back, and she was in the Rehab Institute. This last weekend, if you read the Chicago Tribune and maybe it was in every paper across this State this last weekend, a three-year-old little boy was shot shot himself and killed in his own home because a loaded gun was left around by the parents. 67  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 I just wonder hoW -- hok much longer this is going ko have to occur and how many more times we're going to have to pick up the paper and read about these kids dying. It happened Sunday. We passed this bill 59 to nothing last time. I'm not sayin: this is going to be a panacea and going to solve a1l the problems. But if it saves a feW kids' lives, isn't that Worth the price? I solicit I your Aye vote.

Discussion? Senator Raica.

Just a question of the sponsor, Mr. President.

Indicates he 'll yield, Senator Raica.

Bill, just two -- two questions, yes or no - real simple. I know you stated in your -- in your statement that Where children -- if someone has no children: does there still have to be a lock on the gun in the home? That's the first question. Second question: Does this mean that police officers, or sworn officers -- they're also included in this, co'rrect? They Will also have to have the gun lock on?

Senator Marovitz.

The answer to the first question is if there are no children in the home, then the bill doesn't apply at all. And the answer to the second question is - and I talked to Terry Gainer, the Director of State Police - this is the policy that the State Police issue to a11 of their officers about leaving their loaded weapon around if there are kids around, and this does apply to everyone else.

68  STATE OP ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Question is, shall Senate Bill 1600 pass. Those in favor, vote Aye. Opposedy vote Nay. The voting's open. All voted Who wish? Have a11 voted who wish? Have a1l voted Who wish? Have al1 voted who wish? Take the record. On that question, there are 55 Ayes, no Nayse none voting Present. Senate Bill 1600, havinq i I received the required constitutional majority, is declared passed. 1603. Senator Carroll. Read the bill, Madam ' Secretary, please. j SECRETARY HAWKER: I Senate Bill 1603. (Secretary reads title of bill) j 3rd Reading of the bill. PRESIDENT ROCK: f Senator carroll. ! SENATOR CARROLL: Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the metropolitan transit vehicle bill that I would like to ! keep moving, so I would ask for a favorable roll call. PRESIDENT ROCK: 7 Discussion? Senator Watson. ' SENATOR WATSON: Yes, just to alert the Membership that this did pass out of i committee on a partisan roll cally simply because it is a vehicle: and we have some concerns, and we'd just like to know a little bit about the proposal before -- before it's brought to us in a I ! conference committee on June 30th. So thank you. PRESIDENT ROCK: Purther discussion? If not, the question is, shall Senate : Bill 1603 pass. Those in favor, vote Aye. Opposed, vote Nay. And the votingfs open. A11 voted who Wish? Al1 voted who wish? A11 voted who wish? Have all voted who wish? Have a11 voted Who l : wish? Take the record. On that question, there are 29 Ayes' 28 Nays, none votîng Present. Senate Bill 1603, having failed to 69  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leqislative Day May 2l, 1992 receive the required constitutional majority -- sponsor requests that further consideration .of 1603 be postponed. So ordered. 1605. Senator Marovitz. Read the bill, Madam Secreeary, please.

Senate Bill 1605. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Marovitz.

Thank you very much, Mr. President and Members of the Senate. This is the human rights amendmentz and basically - basically - this bill really adds two Words to the Illinois Statutes and that is ''sexual orientation.l' Presently: the -- you can petition for a grievance before the Human Rights Commission if there has been discrimination on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap. A11 this does is add sexual orientation. And a11 this bill does is tell you that if you have a grievance - if you have a grievance - you can qo before the Human Rights Commission. That's a1l it says. The grievance still has to be proven; there still has to be evidence substantial evidence, overwhelming evidence. But how can we say if we are sittlng here ehat we are going to proeect Caucasians, African-Americans, people of any particular religion, wherever you're from, but if you are a homosexual, We are not going Eo protect you. Xou -- that one group is not entitled to the same protection - at least the same right to file a grievance. Wedre not saying that they have any special protectionsp but at least have the right to file a grievance. That's a11 t'his bill says, is that you have a righty like everybody else in Illinois, to go before the Department of Human Rights - the Human Rights Commission - and file a grievance. 70  STATE OF ILLINOIS 87th GENERAL ASSEMBLY RZGULAR SESSTON SENATE TRANSCRIPT 108th Legislative Day May 21r 1992 That's all this bill says. It's supported by bipartisan people. Jack O 'Malley, the Cook County State's Attorney, supports this legislation. It's supported by AFSCME and the ADL, Catholic E Advocakes, the Chicago Catholic Women, Illinois NOW: the Illinois i Women 's Agenda, the League of Women Voters. There are certain I localities in -- in our State, like Oak Park, where our President's from, and Evanston, that have ordinances that -- that ; gives protections. But this legislation says that every Illinois i citizen at least has the right to file a grievance for discrimination in the workplace, in housingy before the Illinois Human Rights Commissionz and that's a1l it says. Whether you view ! i sexual orientation as a cholce or not, discriminatlon of any sort ' is still repuqnant to most Illinois citizens. As with religion, ' our choice of sexual orientation should not serve to -- to j legitimize unequal treatment of the 1aw for any citizen in Illinois. Some people say, ''Well# isn't this covered elsewhere in Illinois 1aw?'' The answer is No. This legislation Will add sexual orientation to the Section of the Human Rights Act Which prohibit discrimination in employment, real estate transactions, credit and public accommodations. That's a11 this bill does. And i anybody who tries to say it's much more than that - it is not. It allows people who have been discriminated on, on that basis, to at least go to the Human Rfghts Commissfon like every other Jllinois citizen can do. Hirin: the best possible employees based on their ability to do the job makes good business sense. Many corporations, such as AT&T, Anheuser-Busch, Bank of America, Bell & Howell, Firestone Tire and Rubber, GE, Inland Steel. Johnson & Johnsone Oscar Mayerg Sears Roebuck, have voluntarily established ! nondiscrimination policies. How can the Illinois Senate not do the same? And that's al1 this bill does.

Discussion? Senator Donahue. 71  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2lz 1992

Well, thank you, Mr. President. think that the previous speaker or the sponsor of this legislation to say that it simply does one thin: - I think he's incorrect. The words and the language that he uses are very broad - overly broad. And I think to say that it pertains strictly to homosexuals is not true. When you talk about sexual orientation, there are other things that come under those terms: pedophiles, voyeurs, transvestitese transsexuals. Those are a1l things that deal with sexual orientation. So when -- your definition is overly broad. And I would rise in opposition.

Further discussion? Senator Di Turi.

Discrimination is a topic we have been hearing a lot about lately. It is something in this country we should fight hard for and end discrimination. We had a young lady testify in committee, and she had the courage, and she came up and said she was fired from her job in a warehouse because she is a lesbian. She is no different than you and me in this room. She is equal. Is she allowed to go in church? Yes. Is she allowed to walk in a grocery store? Yes. Is she allowed to go to a hospital for treatment? Yes. Is she allowed to vote in November and any other time? Yes. Treat her equal. Think out of your hearts to vote for this bill. That's What you have to do. Wedre in the Senate to help people and help our constituents and help our voters. Let's vote Yes on this.

Purther discussion? Senator Dudycz.

Thank you, Mr. President. I I have some questions for the sponsor. 72  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 PRESIDENT ROCK: l Sponsor indicates he will yleld, Senator Dudycz. SENATOR DUDYCZ: Senator Marovitz, you know I -- I supported the hate crimes I legislation, and that was based upon the -- the perceived feelings of the alleged offender and how he perceived his intended victim to be. Whether it -- whether that was a homosexual or -- or a heterosexual was irrelevant. The hate crimes dealt with a criminal act, and it was irrelevant to any of us here that the person who was going to be a victim of that crime -- whether they were perceived or not, whether they were in fact or not a homosexual, that was irrelevant. It was -- we dealt kith the intent of the offender. To clarify one thing that you had 4 mentioned, the -- the corporations that you said that -- have programs in support of human rights, the -- the gay rights amendment, I guess you want to call it - the Gay Rights Bill. I have received information. I checked with the representatives from General Motors; AT&T and IBM. Their representatives stated, yes, they do have certain types of protections: but they do not E support this bill. And I guess -- hoW Would you: Senator -- I have a problem With this sexual orientation, those two simple words that you mentioned. How would you define sexual orientation? Senator Donahue mentioned pedophile and some of the others, and that's a very, very strong -- they are sexual i orientations, and that's something that none of us can really i i accept. PRESIDENT ROCK: Senator Marovitz. SENATOR MAROVITZ: I'm -- that's a very good question, Senator Dudyczz and you . I asked the right question. How Would I define it? T would define it by reading the bill, on line 24y page 4, and I would define it 73 )  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21g 1992 just as the bill defines it: '''sexual orientation' means male or female homosexuality, heterosexuality, or bisexuality by orientation or practice.'' There is no mention of pedophiles. Pedophile that's an illegal act in the State of Illinois. We are not in any way going to legitimize any illegal act. And the definition is right in the legislation, as tight as it could be. am as abhorred by pedophiles as anybody could bez as I'm sure you are, as State's Attorney Jack O 'Malley is, Who supports this legislation. Nobody Wants to do anything to help anybody like that, who is sick and a scourge on society. That's khy this bill is drafted this way and there's a specific definition. And the people who bring up words like pedophile are only doing the kind of thing that polarizes our society and causes discrimination, because nobody is here - nobody is here to protect or defend pedophiles. They ought to be put behind bars where they belong.

Senator Dudycz.

Well, Senator, I -- you know, I wish you could explain to me or convince me somehow that this would not establish a certain protection for homosexuals as a protected class of people, based upon their sexual lifestyles. And I -- I just -- I don't knoW whether you can add somethinq out there, but for some reason you have not been able to convince me that -- that someone who is their sexual orientation -- who has different sexual orientation can be in the same class of a black person or of the oEher people who are protected now under the Human Rights Act. I don't know if I'm asking a question or just making a statement. But if...

The Senator will have the opportunity to close. Eurther discussion? Senator Marovitz may close.

74  STATE OE ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 108th Legislative Day May 2lz 1992 ! Thank you, Mr. President. Well, I guess the whole argument is right there. When you sayz I don't know why somebody with a different sexual orientation should have - and I'm quoting you - should have the same protection as a black person . Why not? I mean, why shouldn 't they? Theydre human beings like you and 1. Why shouldn't they have the same protection in terms of job discrimination, housing, employment? Why shouldn't they? That's al1 this bill says. This bill says you still have to provez you have to go before the Human Rights Commission and prove, by j substantial evidence, that there has been discrimination based on that reason. There's your intent, Senator Dudycz. Based upon that reason. Not just because you did a bad job, but because you were fired strictly because of your sexual orientation, or stràctly because you were black, or strictly because you were Hispanic, or strictly because of your rellgion, or strictly because of your sexual orientation. You 've qot to prove that. There has to be intent. There has ko be evidence. And When you say, why should somebody who's got a particular sexual orientation be treated the same as somebody who's black, I say ''Why not?'' And I solicit your Aye vote. PRESIDENT ROCK: Question is, shall Senate Bill 1605 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted Who wish? Have a1l voted who Wish? Have al1 voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 25 Ayes, 26 Nays, 4 voting Present. Senate Bill 1605, having failed to receive the required majority, is declared lost. The sponsor requests that further consideration be postponed. 1607. Senator Vadalabene. Read the bill, Madam Secretary, please. SECRETARY HAWKER : Senate Bill 1607. 75 i  STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION I SENATE TRANSCRIPT I ! 108th Legislative Day May 21, 1992 l ! (Secretary reads title of bill) r 3rd Reading of the bill.

Senator Vadalabene.

Yes, thank you, Mr. President and Members of the Senate. Senate Bill 1607 is a vehicle bill for the field and track stadium to be constructed at Slu-Edwardsville. The committee of Mary Kane j of SWIDA and Ralph Corte, the Chairman of the Committee, and DCCA I : ! 1 are trying to work it out. I Want to move the bill along, and I i i would appreciate it if we move it over to the House, where they ! can work it off.

Senator Watson . I ! SENATOR WATSON: i 1 Thank you. IId just like to ask Members on our side to i support this legislation. There's negotiations going on now. We i have an opportunity, possibly, to bring the Olympic Festival to -- to St. Louis. It is qoing to be in St. Louis. We have an opportunity to bring track and field to Illinois, so -- and Slu-Edwardsville. So there's a lot of negotiations going on: and I hope that this vehicle will ride on over to the House.

Question is, shall Senate Bill 1607 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have a11 voted who wish? Have a1l voted who wish? Have al1 voted who Wish? All voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 1607, having received the required constitutional majority, is declared passed. 1616. Senator Jacobs. Read the bill. Madam Secretary, please.

Senate Bill 1616. 76  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 (Secretary reads title of bill) 3rd Reading of the bill.

Senator Jacobs.

Thank you, Mr. President. Senate Bill 1616 merely creates the Recreational Trails Act of Illinois. It's done in in accordance with the Symms Act on the federal level. The Symms Act, as far as we were concerned, left some uncertainty as to whether or not we could use some of the four-wheel drives and et cetera on the -- the trailways. And of course, that's something in Illinois we did not Want to do. So we have prohibited that. And I think that's only one of the areas we have covered in regards to -- to the Recreational Trails 3i11, but it Will allow some more money to come to the State. There is some feeling that this may not be necessary to even enact, because the federal law is so vague, but I think because of that vagueness, we need to at least make some attempt to -- to tighten it up so it aonforms with what we want in Illinois. Be glad to answer any questions that may be available.

Discussion on 1616? Senator Rigney.

Question of the sponsor.

Indicates he Will yield, Senator Rigney.

Apparently under the Symms Act, in order to access this money, we do need to set up some kind of an Authority, and we do have to give approval for specific uses of this money, which this bill does. I maybe don 't have a problem with that. Now I've heard some mixed reports here as to what shape the bill is in riqht now. Does your legislation provide for using any State money out of the 77  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2lz 1992 Motor Fuel Fund?

I Senator Jacobs.

For the portion of the -- the -- that that deals With the off-road vehiclesy no. That is only the Symms Act. As far as the rest of the Act, under current law as it's Writteny it's a11 in the same ball game, as I understand it. I don't think that there is any extra dollars being attributed.

Senator Rigney.

I've got some staff advice that says that after three years you 'll be accessing State money. Does that provide for that?

Senator Jacobs.

I -- I have no indication of that. If you say that's the case, Senatorr and you can point it out to me, I would have to accept thatz but I am not aware of that. That's not the intent.

Senator Rigney.

Maybe I have an old amendment or something here. Maybe something's been changed. But lookin: on page 7, Section (d): What -- can you tell me what the purpose of that is? That deals with motor fuel for off-highway.

Senator Jacobs. SENATOR JACOBS: ! Thank you . That's the clarification that was requested by the , Department of Revenue that, in effect, says that off -- off-road 78  STATE OF ILLINOIS 87th GENERAL ASSEMBLX I REGULAR SESSION SENATE TRANSCRIPT 1 108th Legislative Day May 2l, 1992 I vehicles do not pay motor fuel tax funds. So therefore, if they I had applied for a -- a refundz that that monies could not be used for that. But that basically has been cleared up by saying that off-road vehicles -- excuse me: that the four-wheel drives are taken out of the picture. That was a clarification as requested by the Department of Revenue.

Senator Rigney.

Well, is the Department of Revenue neutral on the bill now?

Senator Jacobs.

It's my understanding the Department of Revenue is neutral. The Department of Conservation, as I understand it, still has a few minor problems, and I'm willin: to work those out. This bill is only an attempt to help clarify What the Symms Act does, as far as I'm concerned.

Further discussion? Senator Schaffer.

Our staff analysis indicates that the Department of Conservation, the Farm Bureau, I believe it's the Illinois Environmental Council, and a group called Rails to Trails are all opposed to the bill. And to gather that group of people to agree on anything is sort of impressive. I congratulate you on that. But are they still a1l opposed to the bill? PRESIDENT ROCKI Senator Jacobs.

Rails and Trails: as I understand it, is the author of two of these amendments. So I think that this pretty well cleared up 79  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 their concerns. But, yes, the Department of Conservation is still - - has some concerns. I have no qualms with that. Wefll try to clean those up if We can. It's mecht nichts to me. i 'PRESIDENT ROCK: Senator Schaffer.

Well...tmachine cutofflo..leaves the Illinois Environmental Council and the Farm Bureau. Maybe I should shorten debate and say, is there anyone for the bill?

Further discussion? Senator Karpiel. SENATOR KARPIEL:. Thank you, Mr. President. A question of the sponsor. PRESIDENT ROCK: Indicates he will yield, Senator Karpiel. SENATOR KARPIEL: Senator Jacobs, I'm sorry - I donît have a copy of the bill. I hate that - that we don't have copies of bills handy. In the -- in our analysis, it does say that the Department - our Department of Conservation - is concerned - I guess it means about the federal -- the Symms Bill - about *he uGe of the -- the all-terrain vehicles to be used -- that can be used on al1 our trails. Is that a part of the Act? PRESIDENT ROCK: Senator... SENATOR KARPIEL: I've been told only along the Fox River. Is that true? PRESIDENT ROCK: Senator Jacobs. SENATOR JACOBS: Only where the riverboat is in the Fox River. No, that is not true. If we leave the Symms Bill as it is, four-wheel drive 80  STATE OF ILLINOIS 1 87th CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 vehicles are included as all-terrain vehiclesz and are included then on the -- which means you could take a Blazer or anything else down these trails. The bill that we have and the amendment that we have put on precludes four-wheel drive. And that Was part of the concern also of the Farm Bureauy and that doesn't take care of a1l thekr problems, but it allevkates the majority of the I problems. ' I 1

Sena tor Karpiel.

But you still are going to allow motorized vehicles and, you know, like motor bikes and things? PRESIDENT ROCK: . Senator Jacobs.

If we are qoing to access the money from the Symms Bill, whether we do nothing, that's still the case. And this bill does not alter the fact that off-road vehkcles cannot use speckfied trails. Yes, they can. On those specified trails, only money that they can use is that portion Which Would be considered Symms' money portion. .

Further discussion? Senator O'Daniel.

Thank your Mr. President, Members of the Senate. I rise in opposition to this bill. You know, a1l I can see it does is creaEe a 1ot more paperwork, and I don't think there's any need for the thing. I think the bill ouqht to be defeated.

Purther discusskon? If not, Senator Jacobs may close .

Thank you, Mr. President. We'll keep it short, because the 81  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 only concern I have with this legislation is that if we do nothing, we will allow four-wheel vehicles to be on our -- on our trailways. So let your conscience be your guide. (

Question is, shall Senate Bill 1616 pass. Those in favor will vote Aye. Opposed, vote Nay. Knd the voting's open. Have a11 voted Who wish? Have all voted Who Wish? Have a11 voted who wish? Al1 voted Who Wish? Take the record. On that question, there are 26 Ayes, 26 Nays, none voting Present. Senate Bill 1616, having failed to receive the required constitutional majorityz is declared lost. 1620 was on the Recall. 1622. I Senator Topinka. Madam Secfetary: read the bill, please. 1 .i

Senate Bill 1622. lsecretary reads title of bill) 3rd Reading of the bill.

Senator Topknka.

Yes. Mr. President, Ladies and Gentlemen of the Senate, this bill basically does two things. The first: it amends the Consent by Minors to Medical Procedures Act so indeed hospitals, physicians, other medical personnel could furnish medical care or counseling to minors if that minor is -- is homeless, does not i show a regular nighttime resident, has come in for help, there 's no identifiable way one can find parents or guardian at that poink - the child needs help. It may not be emergency helpz but the i child needs help. This is modeled after something that Arizona has, Which has worked very, very well. The second part of the -- of the bill would seek to create the Parents Too Soon Act, which E is basically codifying the Parents Too Soon Program, which noW resides under the jurisdiction of three agencies, all of whom who 82  1 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 are doing just a fine job. But there needs to be some structure so that one becomes the lead aqencyz and we have asked that the Illinois Department of Public Health be that lead agency, just to keep everythinq flowing forward. This is certainly no intent on my part to challenge the programs in Parents Too Soon or to seek I any changes in those programs. And this is What the bill does, and I'd be happy to answer any questions. PRESIDENT ROCK: ! Discussion? If not, the question is, shall Senate Bill 1622 pass. Those in favor, vote Aye. Opposed, vote Nay. And the votingls open. Have all voted who wish? Have a1l voted Who wish? Have all voted Who Wish? Take the record. On that question, there are 55 Ayesz no Nays, none voting Present. Senate Bil1 1622, having received the required constitutional majority: is declared passed. 1625. Senator Geo-Karis. Read the bill, Madam Secretary. SECRETARY HAWKER: Senate Bill 1625. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: ' Senator Geo-Karis. SENATOR GEO-KARIS: I Mr. President, Ladies and Gentlemen of the Senate, this bill I I i amends the Municipal Code to permit a municipality to abolish its working cash fund and -- and it may not create -- re-create such a fund for a period of ten years. And it's -- the language is taken i f i rom a similar prohibition in the Park District Code, and I ask 1 i for favorable consideration. PRESIDENT ROCK: Discussion? Discussion? If not, the question is, shall Senate Bill 1625 pass. Those in favor, vote Aye. Opposed, vote 83 i  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Nay. And the voting 's open. Have a11 voted Who wish? Have a11 voted Who wish? All voted who wish? Have a1l voted who wish? Take the record. On that queskionz there are 49 Ayes, 4 Naysz 2 voting Present. Senate Bill 1625, having received the required constitutional majority, is declared passed. 1637. Senator Demuzio. Read the bill, Madam Secretary, please. SECRETARY HAWKER: Senate Bill 1637. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK : Senator Demuzio. SENATOR DEMUZIO: Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the Illinois Farm Development Authority Bill which would guarantee loans to soil and Water conservation lenders to Illinois farmers. What we would be doin: Would be transferring five million dollars out of the Reserve Fund to the Treasurer's Office so they, in fact, can make some loans. And also pukting back into the proposal increasing the -- the interest that the IFDA, Illinois Farm Development Authority: is authorized to utilize for essential financial analysis back to the University of Illinois in order for us to do additional research. I know of no known opposition, and I would ask for your support. PRESIDENT ROCK: Discussion? If not, the question is, shall Senate Bill 1637 pass. Those in favor, vote Aye. Opposed, vote Nay. The votingfs opèn. All voted who wish? Have all voted Who wish? All voted who wish? Take the record. On that question, there are 54 Ayes, 1 Nay , none voting Present. Senate Bill 1637, having received the required constitutional majority, is declared passed. 1638. Senator Carroll. Read the bill, Madam Secretary, please. 84 l k  STATE OF ILLINOIS ' 87th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992

Senate Bill 1638. I (Secretary reads title of bill) 3rd Reading of the bill.

Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1638 is an effort to clarify some of the eligibility requirements, comes out of the Comprehensive Hea1th Insurance Plan . coordinators for the State. And to say that basically the denial of a stop-loss policy ls not the denial of insurance that would allow someone in, and that, secondly, if a person has and can demonstrate a history of a particular illness, they do not have to go through the useless act of asking for insurance and being denied before they can be eligible. I would ask for a favorable roll call.

Discussion? If not: the question is, shall Senate Bill 1638 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A1l voted who wish? Have all voted who Wish? Have all voted who wisi? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 1638, having received the required constitutional majority, is declared passed. Top of page 6, Ladies and Gentlemen. 1640. Senator Cullerton. Read the bill, Madam Secretary, please.

Senate Bill 1640. (Secretary reads title of bill) 3rd Readin: of the bill.

Senator Cullerton. 85  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2lz 1992

Thank you, Mr. Presidentz Members of the Senate. This bill is - - comes to us as a result of an effort by the Illinois Federation ; of the Blind to assist in increasing the competency of teachers of Braille, for people who are -- Whose sight is impaired . It does two things; it would require individuals seeking a certificate to teach blind students to successfully complete a Braille examination course before applying for their certificate; and kt : also Would encourage publishers to supply computer disk versions of textbooks to the State Board of Education for Braille reproductlon purposes. The teaching of Braille has fallen on hard times as a result of the availability of computers and the availability of just books being -- bein: able to be read orally, and it's -- it's something Which blind students need to improve upon to help with their grammar and their -- their overall studies. So it's something which Illinois Federation of the Blind has brought to my attention. And I think it's supported by them, as well as the State Board of Education. Be happy to answer any questions and ask for an Aye vote.

Discussion? Senator Schaffer. 1

The amendment that was put on appears to mandate that -- that no Downstate school district or the Chicago school district can use a textbook, unless the company supplies the computer disk for conversion to Braille. I'm -- have We looked into what the impact - - is this -- you knowy I'd hate to pass the bill and find out that we have eliminated eighty-seven percent of the available choices to our education community for textbooks, and that the top l seven manufacturers -- or printers in the country have ceased to do business in Illinois, thereby setting off some sort of, you know, crisis, a la tbe machine gun bill, so to speak. What's the 86  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2lz 1992 impact here? Is this -- do ninety-five percent of the companies already do this? Are We you know, my basic question is, are we shooting ourselves in the foot?

Senator Cullerton.

Thank you very much. A very legikimate question. I've been assured by the Illinois Federation of Blind that this, in effect, will probably end up saving money. What happens now is, if they purchase a book that doesn't have a computer disk version, they have to they hire somebody to manually go through the book and translate it into Braille. There is also a recent development of a clearinghouse - I think it's Bomewhere in Tennessee a clearinghouse where all books that are available in Braille - there 's different versions of how Braklle can be printed - and this is a clearinghouse which -- that it's expected these books would be purchased through them . They ld be different manufackurers or publishers, bue they can send it through the clearinghouse so that there's one version that is available. So thatls what they tell me; it's not going to impose any financial burden on the school districts actually would end up saving money.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer.

Well, getting back to my question: the -- my question is basically what percentage of the books supplied to the Chicago and Downstate schools - suburban schools - meet this requirement? What -- you know -- I you know my fear is that we're going to pass this bill and perhaps the Governor signs ity and six months later: somebody 's going to say -- we're going to start getting calls from our school districts saying that sixty-five 87  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 percent of the books that we wanted to purchase for our children are no longer available in Illinois because of this law . It occurs to me: particularly on limited-use books, that, you know -- lab books and stuff for chemistry and biology courses -- that the cost implications of this might be such as to discouraqe companies from doing business in Illinois. And I -- in candorz your answer does not reassure me that -- that this is not a potential crisis in the making -- if you follow my logic.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.

Welle 1'11 try to give as best answer as I can, based on the information that Was given to me in the committee. A11 of the publishers have no problem kith this requirement. They have computer disk. And they -- the requirement is that they make available when they sell the books. The -- apparently the problem has been that there were different versions of how Braille can be - - different versions of Braille, and that the clearinghouse is meant to make sure that there 's only one -- one version. The publishers had no problem with it. The State Board of Education had no problem with it. And maybe therels something out there that I -- I -- more information that I could direct to you to help answer your questiong but right nok that's the best answer I can give - that it doesn't pose a problem.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer.

Some of the school districts in my area, as part of history courses, use textbooks on the local history of Boone County, or McHenry County or, you know, Bridgeport, or wherever. It occurs to me that those type of publicationsy Which are generally soft-cover kind of things, that the cost of qoin: to Braille for 88 ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day ' May 2l, 1992 those kind of people would be pretty tough. You know, I think we obviously want to encourage the book manufacturers of the major textbooks that are produced by the hundreds of thousands. I just think this may be a little sweeping. I think we may be about to shoot ourselves rather squarely in the foot. May I suggest to you - and I am personally sympathetic to what youdre trying to do - that this all-inclusive language may be changed - and I'm prepared to see you do it in the House: if we have an agreement - to make sure we aren't just sweeping this sword much too broadly: and that perhaps the State Board of Education -- you know, we mandate that broadly used textbooks do it and that the State Board form a committee to review. You know, give them a little -- a little leeway. I meany that's what we have al1 those people over in the golden palace to do, I guess. I don't know what else they do . PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Dudycz, for what i purpose do you arise? j I SENATOR DUDYCZ: ! I Point of personal privilege, Mr. President. PRESIDING OFFICER: (SENATOR DEMUZIO) ( State your point. ! SENATOR DUDYCZ: j I Mr. President, Ladies and Gentlemen of the Senate, in the l visxtors' gallery on the Republican side we have some special guests from my district. And I Would like the Senate to welcome *he eighEh-grade students from Our Savior LuEheran School and their teacher, Mrs. Ellen Jordan. PRESIDING OFFICER: (SENATOR DEMUZIO) Our guests in the gallery please rise. Welcome to Springfield. Further discussion? Senator Keats. SENATOR KEATS: Very briefly. Everybody in this Chamber says they're against 89 i  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 unfunded mandates, and we discuss it and offer constitutional I amendments. This program -- and I have to say on behalf of Senator Cullerton - he's made an attempt to limit it. I mean -- in committee, we al1 brought it out of committee saying we ought to at least continue to talk about it. On paper, someone will I i say, it's not a mandate, but if you read the definition of this i billz it specifically says what the schools are going to have to do. It deals with the textbooks, what's qoing to be available. And if you do not think that your local school boards will come back to you and inform you that you have imposed a new cost on them - and I assure you they will blast you for dolng it. I will mention, of course, they did not file in opposition to the bill here in Springfield. Theydll just knock you about it at home. But the point is, this is what an unfunded mandate looks like. I And if We don't care about unfunded mandates, run. It's okay. I i Doesn't make any difference. This is What an unfunded mandate looks like. If we think it's a great idea - and I'm not necessarily saying it's a bad idea - but if it's a good idea, maybe we ought to pay for it. But I think following yesterday 's debate, I think We noticed - certainly the Senate President said - there 's no new money; we're going to cut the budget another khree hundred and fifty million dollars. Might be a good idea. But will you explain to me where weire going to fund this program? If ! we're goin: to cut the budget another three hundred and fifty i million dollars, where this money's going to come from? Give it some thought.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Butler. ' SENATOR BUTLER I : I Yes, will the Senator yield?

PRESIDING OFFICER: (SENATOR DEMUZIO) 90  STATE 0F ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Indicates he will yield. Senator Butler.

Thank you. senaeor, perhaps it's a difficult thing for you to - - to try and quantify this, but could I have just one answer? Is there or is there not a mandated cost in this program? In other words, *he cost of books without this provision versus ehe cost with the provision. Is there not an additional cost to the school districts?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.

My understanding is -- is that there is no cost. In fact, they explained that this Would save money. And the reason is simple . If you provide a book to be available to blind students, for them to read it in Braille, they have to hire somebody to translate it into Braille. Insteadr there is a computer diskette that does that via the computer. And when they came to me with this bill, they said, ''We ought to put a requirement that when -- when these school dlstricts purchase these books: they get the computer diskette wikh it.'' Every publisher, from what I've been told, has the diskettes, and it actually, therefore, will have the result of saving money, rather than having the school districts have to hire someone to -- to translate That's my explanation. Now if I'm -- I will check with the Federation of the Blind in taking up Senator Schaffer's point. I will I will right after this bill if it does pass and goes to the House, I will contact the Federation for the Blind: and will answer the - - specifically have them answer your question, Senator Schaffer, and Senator Keats. It's not my intention of -- of imposing a mandate thatdll cost money in the schools. From what I was told from the Federation of the Blind, it does just the opposite.

PRESIDING OFFICER: (SENATOR DEMUZIO) 91  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 A11 right. Further discussion? Senator Fawell. i SENATOR FAWELL: Thank you very much. Will the sponsor yield for a question? PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Fawell. SENATOR FAWELL: Senator Cullerton, What our analysis says is that the mandate - - the amendment mandates that no Downstate school board or Chicago local school council may purchase any textbook unless the publisher furnkshes a computer diskette to the State Board for the purpose of establishing -- or publishing Braille textbooks. The . problem I think that I see With this is you're saying if there isn 't a computer diskz you can't buy the textbook. And if there's an English class, for instance, that decides that they want to read some classic, or they want to look at some books that, frankly, normally Would not be considered a textbook, but in the instance -- you know, maybe they dre going to read The Yearling. And if The Yearling doesn't have a computer disk, you can 't buy it, because it would be considered a textbook in that particular class. And I have a real problem with that, because you're limiting the teachers then as to what books they can have. If it doesn't have a computer disk for Braille, they can 't use it. PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Cullerton. SENATOR CULLERTON: Let me take the bill out of the record so I can get some answers to these questions that have been raised. PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Take it out of the record. I just want to point out to the Membership, we have now done twenty-four bills out of two hundred and twenty-six. And at khis rate, we will be here tomorrow at midnight. Al1 right. 1645 is on the Recall List. 92  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 I 1649. Senator Dunn. Mr. Secretary, 1649, please. ACTING SECRETARV: (MR. HARRY) Senate Bill 1649. ! (Secretary reads title of bill) I ! 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn. SENATOR T. DUNN: Thank you, Mr. President. This would give an income tax deduction to individual taxpayers who were the victims of financial fraud and would require that there Was a conviction. It would also exclude from the deduction money recovered from i : I insurance, civil action or restitution as ordered by the court. PRESIDING OFFICER: (SENATOR DEMUZIO) I I Is there discussion? If not, the question is, shall Senate Bill 1649 pass. Those in favor Will vote A#e. Those opposed, Nay. The voting is open. Have a11 voted who Wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 43, the Nays are 6, none voting Present. Senate Bill 1649, having received the required constitutional majority, is declared passed. 1652 is on the ; Recall List. 1657. Senator Raica. -- I'm sorry. Senator I i I Maitland, for What purpose do you arise? SENATOR MAITLAND: It was on the list but it wasn't recalled. PRESIDING OFFICER: (SENATOR DEMUZIO) There's an amendment filed by Senator Keats. So you'll have to discuss that with him . It's on the Recall List. 1657, Mr. Secretary. ! ACTING SECRETARY: (MR. NAQRY) Senate Bill 1657. (Secretary reads title of bill) 93 L.!zt .  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' 108th Legislative Day May 21, 1992 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica. SENATOR RAICA : Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1657 Was introduced at the request of the Associated Fire Fighters of Illinois. What it does is it would provide, if there's a conflict or duplication between a department or Public Hea1th rule regarding dru: testing and a provision in a collective bargaining agreement, the Department of Public Hea1th rule would not apply to those persons covered by the collective bargaining agreement. It also makes a technical change, changing the word ''automatic'' to the Word 'lautomatedy'' dealing with heart monitors. I know of no opposition, and ask for your favorable consideration. The Department has signed off on this bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Is khere discussion? If not: the question is, shall 1657 pass. Those in favor will vote Aye. Those opposed, Nay . The voting is open. Have al1 voted Who Wish? Have a1l voted Who wish? Have all voted Who wish? Take the record. On that question, the Ayes are 53, the Nays are none, none voting Present. Senate Bill 1657, having received the required constitutional majority, is declared passed. With leave of the Body, we'll jump back to 1652. It's my understanding that Senator Maitland wishes to proceed with that bill. 1652, Mr. Secretary. ACTING SECRETARY: (MR. HAKRY) senate Bill 1652. (Secretary reads title of bill) 3rd Reading of khe bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland. SENATOR MAITLAND: 94  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Thank you very much, Mr. President and Members of the Senate. And thank you for your courtesy. apologize for the confusion. Senate Bill 1652 is a piece of legislation that's long overdue. Many of us, for some years, have been concerned about the abuses of life safety. The purport of Senate Bill 1652 is to tighten up those those abuses. I believe the bill is in in proper form nOW. There was controversy about the ekemption in the property tax cap counties. We have resolved that. I stand ready to answer any questions you might have; otherwise, appreciate your support. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Senator Welch. SENATOR WELCH: I had a question of the sponsor. PRESIDING OPFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Welch. SENATOR WELCH: Is there an elimination of energy conservation as one of the purposes for life safety bonds from this amendment? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland. SENATOR MAITLAND: No, sir, Senator Welch, there is not. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Maitland may close. SENATOR MAITLAND: Thank you, Mr. President. Appreciate your suppork. PRESIDING OFFICER: (SENATOR DEMDZIO) Question is, shall Senate Bill 1652 pass. Those in favor will vote Aye. Those opposedr Nay. The voting is open. Have all voted who wish? Have all voted who Wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 52, the Nays are 2, none voting Present. Senate Bill 1652, having 95 i  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 received the required constitutional majority, is declared passed. ! Now 1661. Senator Jones. 62 is on the Recall. 65, on the Recall. 67. Senator Leverenz. 1667, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1667. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.

Thank youz Mr. President. Senate Bill 1667 deals with back wage claims, and it Would allow CMS to go back to the agency for which the person was employed, to take the money from the personal services lines of the partlcular agency for which the individual worked. The bill is further amended to allow the establishment of a Personal Ksicl (Personnel) Services Revolving Fundz which permits CMS, when they do personnel services for different agencies, for the agency to pay into the fund and to pay for that which they have received. Answer any questions you may have, and solicit your Aye vote to pass...

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

Question of the sponsor.

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

I was just wondering, are we now going to charge DOT, for example, for the examination of D0T -- future D0T employees, to give the exam and to interview and this and that? Aren't We appropriating money to CMS to conduct these services Statewide, and now we 're coming back and saying that we're going to charge 96 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 the agency for that service? I think thereîs -- I think there's a 1ot of confusion in here, Senator Leverenz. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz. SENATOR LEVERENZ: If he would -- if the Gentleman would -- just nod your head. Was that a question? Currently, we do appropriate the money to CMS, but it is more legitimate to say that that which DOT requests or needs to be done is charged back to that agency, and the agency then pays its money into the Fund and costs are allocated Where costs are incurred. That is exactly what this bill does. END 0F TAPE TAPE 3 PRESIDING OFFICER: (SENATOR DEMUZIO) Senaior Weaver. SENATOR WEAVER: Well, it seems to me that we give the responsibility to CMS to conduct these examinations for most a1l State agencies. Thatîs a cost of doing business for the Stateg to provide examinations, et cetera. I think it's going to cause some confusion in every agency in developinq a budget, not knowing what CMS -- or how many exams they may give, how many -- how many people they must hire to conduct these exams. The whole idea of this was to try to centralize personnel Statewide, but we find every aqency has personnel officers by the dozens, and I think this is probably a step backwards towards centralization of personnel policies for the State of Illinois. 97  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992

PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Leverenz may close.

First, I guess I should just address the -- the last statement of the last speaker, and I always enjoy his advice and learned insight into State Government. However, what this does is do the same as we do with automobiles, the same as we do for paper clips. If you buy a lot of paper clips, itfs charged back to the agency. It provides qreater insight for that Senator and everyone else to find out where costs are really incurred, rather than doing it by bulk. The Central Management Services agency itself asked for this, and I believe it is for good government in both cases. And I ask for your Aye vote to pass this.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 1667 pass. Those in favor will vote Aye. Those opposedz Nay. The voting is open. Have a11 voted who wish? Have all voted Who Wish? Have a11 voted who wish? Have a11 voted Who wish? Have a1l voted Who wish? Last call. Have a1l voted who wish? Take the record. On that question, the Ayes are 33, the Nays are l6, voting Present. Senate Bill 1667, having received the required constitutional majority, is declared passed. I inadvertently ' skipped over 1661. Mr. Secretary, with leave of the Body, we'l1 return to Senate Bill 1661. Is leave granted? Leave is granted. 1661, please.

ACTING SECRETARY: (MR. HARRY) Senate Bi1l 1661. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Thank you, Mr. President. Senate Bill 1661 amends the 98  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Insurance Code and permits a policyholder to select and receive services from a licensed physician, hearing aid dispenser -- or hearing aid dispenser. The bill provides that the insured consumer of hearing aid services similar treatment that ! statutorily is granted to policyholders Who seek optometric services. And What it would do is give the insured the decision as to whether or not they would like to have their hearing aid from a hearing aid dispenser or a -- or a -- a physician, a licensed physician. These hearing aid dispensers are licensed. It gives them the option. It saves money, because when you go directly to the dispenser to receive your hearing aid, it will cost less. You will not have the add-on costs that has been purported by the Life Insurance Council, that puts out erroneous information. But what it does is give the insured the choice to elect whether they want their services from a hearing aid dispenser who is licensed by khe State. And I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DEMDZIO) A11 right. Is there discusston? Senator Brookins.

Thank you, Mr. President. I rise in opposition to this bill, because what it does is take out of it the right of the audiologist from providing a hearing aid servlce. These people go to school. Theydre trained and theydre licensed. Most of them hold master's degree. And we should not exclude them from practicing their trade. Therefore, this is, I feel, a bad precedent and a bad bill. And I rise in opposition to it.

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

Thank you, Mr. President. When the sponsor placed the amendment on this bill the other day, he mentioned that 99  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 audiologists were not trained or allowed to do this. I would I quote to the sponsor from State Statute that the practice of ; I audiology may include, but shall not be limited to, the following i I i - and one of those is training in the use of amplification, including hearing aids, of which the sponsor disputed that audiologists could do that. I would also point out to the Body that this bill is opposed by some crazy groups like the Illinois Life Insurance Councilz the Management Association of Illinois, the Illinois State Medical Society, and finally, the Illinois Speech, Language and Hearing Association. NoW if those folks don 't know about audiologists in this billy I don't know who would do, and I would urge opposition to this bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Jones may close. SENATOR JONES: Yeah. Thank you, Mr. President. In response to the two previous speakers and their erroneous information and erroneous statements: number one, what I stated earlier, they were taken out of the bill because they cannot fit or dispense hearing aids unless they are licensed under the Hearing Aid Consumer Protection Act. That is what I stated in my remarks When I put the amendment on. If they Were licensed under -- under the Hearing Aid Consumer Protection Act, then they could fit and they could dispense hearing aids. This bill is supported by the Hearing Aid Society. That's where it comes from , and what it does to a consumer - if you go to them directly after you have been treated -- or diagnosed as needing a hearing aid, you can purchase it directly; therefore, the cost - the add-on cost - would not be there. So therefore, this is where the so-called Life Insurance Council is erroneous. It is not a mandate but is a consumerls-choice piece of legislation, and I urge a Aye vote. PRESIDING OFFICER: (SENATOR DEMUZIO) ! l00 L-..  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Question is. shall Senate Bill 1661 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted Who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 9, the Nays are 40, none voting Present. Senate Bill 1661, having failed to receive the required constitutional majority, is declared lost. Postponed? No. Senator Jones. It lost. A1l right. 1669. Senator DeAngelis. Mr. Secretary, 1669.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 1669. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 1669, as introduced...

PRESIDING OFFICER: (SENATOR DEMUZIO) The board is correct. SENATOR DeANGELIS: . .o provided for a power of sale foreclosure on commercial properties. There was significant oppositidn from the Illinois State Bar Association on that issue, so I caused to have convened the affected interests on this particular issue, and at this time, they are still meeting. Subsequent to their meeting, I did strip the billy so there is no reference to that particular issue in there. I would like the bill to be passed over to the House while they are still negotiating.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is that it? Question is -- discussion? If not, question is, shall Senate Bill 1669 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have al1 voted who wish? Take -- l0l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 take the record. On that question, the Ayes are 55, the Nays are none, 1 voting Present. Senate Bill 1669, having received the required constitutional majority, is declared passed. Senate Bi11 1671, Mr. Secretary, please.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 1671. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins, for what purpose do you arise?

Yes, a point of personal privilege, for I inadvertently hit the wrong switch on Senate Bill 1637. I would like the record to show that I were -- intended to vote it Aye, and I most certainly wouldn't Want my colleagues to believe that I would vote against my distinct colleague or Senator Demuzio 's bill, because love him and I know he always does the right thing.

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, try not to tell anybody a1l those other parts. Senator Maitland.

Thank thank you, Mr. President, Members of the Senate. Senate Bill 1671, Mr. President, is a -- is a shell bill. Senator Carroll and I both introduced shell bills as a result of the work that we were doing on the Pharmaceutical Task Force. I Would like this bill to to pass out of here. We are going to pass a pharmaceutical program of some kind this sprlng, and I'm sure it's going to have -- we donît know what's going to happen in the House yet. I'd like to move this vehiele over there and -- and be able to use it for that purpose. So I would appreciate your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is: shall Senate Bill 1671  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 pass. Those in favor will vote Aye. Those opposedz Nay. The voting is open. Have al1 voted who Wish? Have a1l voted who wish? Have all voted Who Wish? Take the record . On that question, the Ayes are 54, the Nays are nonez none voting Present. Senate Bill 1671: having received the required constitutional majority, is declared passed. Senate Bill 1685, Mr. Secretary.

ACTING SECRETARY: (MR. NAKRY) Senate Bill 1685. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberg.

Thank you, Mr. President. This is the bill that puts in place a new transportation reimbursement formula. About one year ago, the Governor asked the State Board of Education to review the system of financing pupil transportation, and to propose reforms that would address the issue of efficiency. This bill contains the State Board of Education's proposal to significantly reduce administrative costs and encourage cost-saving efficiencies within the transporkation system. The current system began in 1969, and this year that system will expend some two hundred and twenty million dollars. It will do so# essentially, without regard to any kind of meaningful cost-containment and without regard to promoting efficiency. It neither encourages nor rewards district efficiencies. And because it fails to do so, We end up spending local tax revenues and State revenues on transportation costs that are not essential, and we expend b0th State and local tax revenues on transportation costs that might better be allocated to other educational needs. Let me qive you a few examples. Special ' education is now reimbursed at eighty percent of cost. The State will pay eighty percent of whatever you're able to spend. Regular l 103  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 and vocational transportation requires districts to pay a local effort, then the State pays a hundred percent of the cost above the local contribution. Quite simply, the more a district is willing and able to spend, the more the State is obligated to pay . We have districts that raise locally one hundred percent of the j funds they need to pay for transportation, and still the formula l generates State reimbursement for them. But not a11 of the i I problems with the current system are financial - many are i administrative. And I think your local school districts could tell you that it is an absolute nightmare to try to separate all of these transportation costs and figure out the proper reimàursement. So what does it do? 1685 restructures the transportation reimbursement system. The new system would provide for a basic level of local support for meeting transportation costs. That's a level at Which We would expect districts to pay a portion of their costs. Beyond that level, however, the State would reimburse districts at three levels or tiers. Tier one pays a hundred percent of a11 transportation costs up to the Statewide average cost per pupil 'of three hundred and ninety-two dollars. Tier two pays fifty percent of the costs of everything between the Statewide average and a hundred and fifty percent of the average. We would pay fifty cents on the dollar for costs between three hundred and ninety-two per pupil and five hundred and eighty-eight per pupil. And tier three pays twenty-five percent of the costs of everything over a hundred and fifty percent of the Statewide averaqe or twenty-five percent of everythinq over five hundred and eighty-eight dollars per pupil. Basically, what it does is, it gives more money to those efficient school districts - two-thirds of your school districts will receive more money under this proposal. It will stop the administrative nightmare, and it Will gradually help the other school districts, through a hold-harmless formula, to reach a system of cost-efficiency. I recommend i*s l04  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2lg 1992 passage. i

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there discussion? Senator Dudycz. ; j

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

PRESIDING OFEICER: (SENATOR DEMUZIO) Indicates she will yield. Senator Dudycz.

Senator, the portion of this bill that gives Chicago a new twenty-percent transportation tax levy without referendum - who requested that?

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Holmberg.

This is a proposal from the State Board of Education, and it has received the approval of the Chicago Board of Education.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Dudycz.

Okay. But was it this -- proposal originated with the State Board or with the local board?

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Holmberg.

With the State Board.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Just -- just to inform the Members, at least on this side: This is a nonreferendum property tax for Chicago I , and I would i stand in opposition to it, and I would hope that, at least on this I i side, we would vote No. i l05  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I want to applaud Bob Leininger's attempts to restructure the transportation formula. The problem that I see here, from the point of view of Chicago only, is that Chicago is invited to impose a real estate tax, without referendum, to make up for a shift of 19.6 million dollars almost twenty million dollars - away from State funding and shifting to real estate tax funding. That's the wrong way to go. Every one of you from Collar Counties supported the tax caps because you want to move away from real estate taxes and shift the burden to State taxes. If you vote for this bill, youdre imposing upon Chicago the same thing you wanted to avoid for your Collar Counties. Now I'm not opposed to restructurin: and encouraging efficient operation of school transportation, and there is a three-year hold-harmless in this bill - I want to recognize that. But I'm not sure that three years, with all the problems that We have in Chicago, is sufficient time to correct this, and three years passes very quickly. And I'm not in favor of nonreferendum property tax increases in Chicagoz and I'm not in -- in favor of shifting school costs, whether it be transportation or of other -- or other things, from the State to property taxes. I want to do the opposite. Shift them from property taxes to the State's responsibility to fund the cost of education: including transportation. So I reluctantly stand in opposition to this bill at this time, based on the way that it presently is structured.

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

Thank you very much: Mr. President. Members of the Senate, l06  1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 rise in strong support of Senate Bill 1685, and -- and would remind the Body that repeatedly throughout this Session and previous Sessions we've talked about school districts and other E i districts becoming more efficient. And there have been a number of attempts over the years to put together a transportation formula that would recognize those school districts who performed a service and did it in an efficlent way. This bill finally does that. It absolutely does it. It recognizes those school districts who are - not because of the money, but simply because they want to do it - are providing an efficient system. Why should the City be any different? It absolutely should not be any different. Right now, taxes for the funding of transportation in the City of Chicago comes from the Educational Fund. I mean, that's what's paying for transportation there. That's taking away money from boys' and girls' education. They need transportation as much as We do . Let their system - and 1et our Eystem elsewhere in the State - operate and function as an efficient system where you are rewarded for doing something right and good, and penalized for not being as efficient as you ought to. That's what this is a1l about. There is a three-year hold-harmless. Plenty of time, I Would suggest to you, to get your fiscal house in order and those school districts who find themselves as losers under this system . I think it can be done. This is good legislation, and it ought to be passed.

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Further discussion? Senator Jacobs.

Thank you: Mr. President. I think my question's been answered, but just for some of those who -- who may have the same question -- 'cause in my district it appeared that we were goin: to lose about half a million dollars, and I think we have a pretty efficient system . But I understand there is an amendment, l07  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Senator, on this bill, that will take care of the special ed children and that's a good number of that cost. And then they have four years in order to be able to attempt to -- to get their efficiency in order. Is that correct? Thank you.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberg. Al1 right. Further discussion? Senator Holmberg may close.

May I just take a minute to respond to Senator Berman's concerns before I close? The reason that the State Board of Ed is allowing Chicago to have a transportation tax is a matter of equity. Itîs the authorization. It's not an automatic tax, but it's the authorization to do whatever -- what -- the same as every other unit school district does in this State. They do not take the transportation money out of the Education Fund; they have a separate fund for that, and because of that, they seem to be able to run a very efficient transportation system. In other words, there isn't a whole pot of money in the Educational Fund that they can continually take from. And I think that's important for a1l of us to know that the Chicago schools will be able to keep those funds separate. That's important for the education of a1l those children. It is important, think, to remember that the majority of our elementary districts do better under this formula; the majority of our high school districts do better under the new formula; and the majority of our unit districts do better under *he new formula. Thatds two-thirds of our school districts. In the long run, Senate Bi11 1685 encourages and rewards efficiency, and that translates directly lnto reduced operating costs, less tax revenues needed for transporting students, and a freeing up of scarce State revenues now being used for transportation reimbursement that will be available for our educational needs. I recommend a favorable roll call. l08  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leqislative Day May 2l, 1992

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Question isr shall Senate Bill 1685 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who kish? Have all voted Who wish? Have a1l voted Who Wish? Take the record. On that question, the Ayes are 33, the Nays are 22, 2 voting Present. Senate Bill 1685, having received the required constitutional majority, is declared passed. Senate Bill 1695. Senator Rea. Mr. Secretary: 1695, please.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 1695. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Rea.

Thank you, Mr. President, Members of the Senate. Senate Bill 1695 amends the Downstate Public Transportation Act. It changes the definition of l'participant'' to include any local mass transit district organized under the Local Mass Transit Distriet Act. This is clarifyinq leqislation. is also supported by the Department of Transportation. I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If notz the question is, shall Senate Bill 1695 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who wish? Have a1l voted who wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 55: the Nays are none, none voting Present. Senate Bill 1695, having received the required constitutional majority, is declared passed. 1700. On the Order of Senate Bills 3rd Readingy bottom of page 6, is Senate Bill 1700, Mr. Secretary.

ACTING SECRETARY: (MR. HAPRY) Senate Bill 1700. 109  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Severns.

Thank you: Mr. President, Members of the Senate. Senate Bill 1700 is the Family Responsibility and Medical Leave Act. It's an issue that suspect most of us, if not al1 of us# wish would go akay. It's an issue that tugs at the heart of us, because we know , regardless of our position, that it's a policy With profound need and merit. I believe it's an issue that's going to be with us, in most statesr until it is passed and implemented at the State or national levels. Contrary to what some would suggest, family leave affects a1l of us, not just the pregnant mother. Support for this bill comes from many areas. It's an issue that affects workers and families, senior citizens, the disabled, the terminally ill, men and women who care for aging or disabled parents or family members. It affects the seventeen percent of the population who are impacted by collective bargaining and the eighty-three percent of the population who are not. It's supported by groups such as AAQP, the Catholic Conference, the Illinois Council of Churches, the League of Women Voters, to name a few . To date, eighteen states, including Illinois, Which was the first State in 1983, have passed family leave policies for the public sector employees. Since our debate last year, the numbers of states with statewide policies on their books have grown from four to ten. Globally, one hundred and twenty-seven countries have provided similar protectlon for their workers. Among the industrialized nations are Japan, Germany, France, Canada, Italy and Sweden. And very importantly, to make this eminently practical policy more reasonable, We have added, through President Rock's amendment, a sunset provision of January 1st, 1998, so that l10  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 : we can give this needed policy a chance, to let families take care of their families in time of critical need, to take care of their families without -- With unpaid leave Without the threat of losing their job. Out of all the bills We debate in this Chamber, I believe this is one - one that was carried lon: before I ever arrived in this Chamber - that could truly make a positive difference in the life of Illinois families. I Would urge your Aye vote. PRESIDING OFFICER: (SENATOR DEMUZIO) I i Discussion? Senator Donahue. i i i Well, thank you, Mr. President. This legislationz as we know, ' : has been around for a long time, and I know that the debate that ( we're going to discuss today or talk about right now is not qoing to change any votes, but I think, in my estimation, this bill is exactly what is wrong with qovernment today. Statistics show that ninety percent of the businesses in this State already have i similar policies or are more than willing to work with their employees in situations like this. So what are we doing here today is that we're mandating to all businesses to get at a few. I might add that by doing this, Ehat we actually affect -- and we actually, in effect, may reduce the benefits to some of the employees that they already have. It's simply not true that this is qoin: to reduce costs, because actually it will increase costs to businesses. Documentation that they need to do to show that they 're complying adds administrative costs. If they have to hire a temporary employee, their unemployment insurance may show a bad or a worse experience, so they're goin: to have a negatively impact there. In conclusionz when we desperately need businesses to be able to grow and expand to create jobs, this is not the time to be doing it. And I hope that We can have opposition, and I would ask Membership to vote No. l1l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 PRESIDING OFFICER: (SENATOR DEMUZIO) ! All right. There's further discussion. Senator Palmer. SENATOR PALMER: I Thank you, Mr. President and Members of the Senate. I strongly urge that we support this bill. For once, 1et us think about the social costs to not supporting this bill. There is no evidence, and, in fact, the Family Work Institute Study in ! Minnesota, Wisconsin, Rhode Island, does not confirm the assertion that family leave is incompatible with successful business strateqies. I don't know how many of you saW over the weekend a series of articles about our loss of business to Japan and to : other companies. One of the bottom line factors was the fact that we have not settled into the social needs in this country. This is one of the main ways that we can make that happen. Women Who are working in the work force - it is not a question of being an ! opkion of whether to stay home or whether to Work. Women in this : Body, you know exactly what I'm talking about. Let us take the progressive step that needs to be taken, support the Women and the families in this country, and support the women and families in Illinois. Let us support this bill. NoW is the time. i PRESIDING OFFICER; (SENATOR DEMUZIO) Discussion? Senator Butler. SENATOR BUTLER: Thank you, Mr. President. It seems to me that frequently when We talk about bills that affect business, we seem to think in terms of every business is General Mokors, or every business is General Electric, when the truth of the matter is most of the job creation in this State and in this nation is small business. And imagine if you possibly, possibly can, a small business of fifty employees, which is the bottom layer of this bill . He may have two Workers in data processing, and one of them decides, ''I'm oing to take a leave .'' Now khat 'does that employer do? He can 't 1l2 E U I - STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 run a department on one -- with one person. He has ko somehow struggle through. He has to somehow perhaps hire somebody, try to train them quickly, try to make them effective. If wefre anxious to keep business in this State, let's think of the small businessman, not General Electric, not United States Steel the little guy. There's also a tricky proposition in here that employers having fifty employees within two hundred miles. Remember, there are a lot of small establishments that have branch offices, and they might have three or four employees. Now whae does he do if one of his employees decides to take a leave? My sugqestion is we think small think small buslness: and help these small business to stay in this State. My suggestion is that we vote No on this. PRESIDENT ROCK: Further discussion? Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President, Ladies and Gentlemen of the Senate, one of the things that we have talked about so much in this General Assembly, in this Senate particularly, is the fact that we've mandated so many darn things that we've made it cost-prohibitive for many businesses and What-have-you. I concur with Senator Butler and Senator Donahue. I do not feel that we should mandate any more things, for heaven's sakes. Welre trying to keep business in Illinois and bring more business in Illinois, and the small businesses of fifty employeesr for heaven's sakes, Would be hard hit and hard pressed. I have staff in my office. As you know, I run a 1aw office. When my people are ill, they don't have to worry; or they need any time off, they get it. I think that's something that should be right between the employer and the employee. And you certainly have plenty of unions who have certain allowances that are made. But I don't think we should mandate. We have so darned many mandates, and yet, we're going l13  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 right into another one. And I say, let's vote down this billy because noW is not the time with this critical economy that we have, to take any chances of losing business and discouraging business from coming into Illinois.

Further discussion? Senator Fawell.

Thank you very much. I Was in Texas a feW years ago at a small business conference, and -- had a marvelous time. But -- but right -- right about that time, the first bill similar to this was passed by the State of Oregon, and I asked the sponsors of the bill, how did it work and did it -- did it help the women who: franklyr are going to be the main beneficiaries of this bill. And I think we a11 realize that. What I was told by the sponsors of the bill was that it didn't work. What Was happening, in truth, in that state, was that the women who were single parents and the women who were of childbearing age all of a sudden Were findin: it almost impossible to even get a job, because the personnel department, for one reason or another, was rejecting them. The second thing they found out was that any business that was close to a fifty personnel mark was reducing their personnel to :et underneath that fifty, and going into Kelly Girl-type operations. And in fact, what was happening, was that the main beneficiaries of this entire bill were the -- were the owners of the Kelly Girl-type operations. If you are a Kelly Girl - and I have been one during my lifetime - you will see that there are no benefits whatsoever. You are at the beck and call of the employer. You can work one day; you can work three days; you can work five days. There are -- there's no heglth insurance; there's no vacations. There's no benefits whatsoever. And in truth, what Was happening was that a lot of the women were having to resort to this type of employment. This is a -- not a good idea. It's going to hurt the ll4  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 exact type women Wedre trying to help, and I think We should vote No. PRESIDENT ROCK: I Further discussion? Senator Demuzio. ;

Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. For those of you that have read the book, Why Americans Hate Politics, you Will find that this is principally one of the reasons - primary reasons - as to why they hate politics, because they Want -- the public wants this issue resolved for once and for all. Apparently, some of you people 1 haven't been out on the campaign trail. Let me tell you, this is going to be an extraordinary election year this year. Going to I have a third party candidate out there. The issue's going to be about values and families. We talked about this -- this past 1 Session, but I can tell you that if you don't pass this bill this time, and if you're the deciding vote against this, 1'11 guarantee you, you are not going to be on the side of family values; you're not going to be on the side of people out there in your district who firmly believe that this is an issue whose time has lonq time passed. It ought to be a matter of Statute in Illinois. I think you ought to really seriously examine what you do on this particular bill, because if you don't pass this bill today, you will certainly find out in the election why Americans hate politics.

SenaEor Severns, ko close.

Thank you, Mr. President, Members of the Senate. I won't pretend to try to go through the long list of questions and issues that were raised here today, because we have debated this issue before. But the concerns that have been raised on this Floor 115  STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l: 1992 1 today and in other states elsewhere, Where the policies have passed, simply have not been realized with the states that have put the policies on their books. The Family and Work Institute found that eighty-nine percent of the employers said there was no increase in costs or no decrease in benefits. The GAO said that there would not be a cost to employers unless health benefits were added, which this policy does not. The Small Business Administration, in their recent report, indicated that small I businesses, which aren't even included in this billz would have a net gain in cost. I think the real debate is whether or not welre asking too much of the business community, or whether or not weîre asking too much of families. I think to those who say that we're asking too much of the business community to adjust to this policy I should really reconsider the position and consider that they've been asking too much of employees to make a decision between families and their jobs. I would urge an Aye vote.

Question is# shall Senate Bill 1700 pass. Those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have a1l voted who wish? Have all voted who wish? Have a1l voted who wish? Have al1 voted who Wish? Have a1l voted Who Wish? A1l voted who wish? Take the record. On that question, there are 30 I I Ayes' 27 Nays, none voting Present. Senate Bill 1700, having I received the required constitutional majorityz is declared passed. . Senator Donahue, for what purpose do you arise?

I would request a verification of *he roll call.

That request is in order. Senator Donahue has requested a verification. Will the Senators please be in their seats. Madam Secretary, please -- or Mr. Secretary, please read the affirmative roll. l16  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT ; 108thLegislativeDay May21,1992 j ACTING SECRETARY: (MR. HAKRY) The following voted in the affirmative: Alexanderz Berman, Brookins, Carroll, Collins, Cullerton, del Valle, Demuzio, Di Turi, Thomas Dunn, Hall, Holmberg, Jacobs, Jones, J .J. Joyce, Kelly, Leverenz, Luft, Marovitz, Munizzi, O 'Daniel, Palmer, Raica, Rea, Savickasr .Severns: Smith, Vadalabene, Welch and Mr. President. PRESIDENT ROCK: Senator Donahue, you question the presence of any Member? Senator Donahue. SENATOR DONAHUE: Senator Marovitz. PRESIDENT ROCK: Senator Marovitz on the Floor? Senator Marovitz is in the phone b00th, Senator Donahue. SENATOR DONAHUE: Senator Welch. PRESIDENT ROCK: Senator Welch? Senator Welch on the Floor? Senator Welch on the Floor? Strike his name. SENATOR DONAHUE: That's all, Mr. President. Thank you. PRESIDENT ROCK: i Senator Demuzio, for what purpose do you arise? SENATOR DEMUZIO: I was just curious as to how many votes this takes to -- to pass. PRESIDENT ROCK: 30 votes are required. Senator Welch -- put Senator Welch back on the roll call. Senator Donahue, having questioned nobody further, the roll has been verified. There are 30 Ayes, 27 Nays, none voting Present. Senate Bill 1700 is declared passed. 1711. l17 I !  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Senator Philip. Mr. Secretary, read the bill, please.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 1711. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Philip.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1711 Would put an additional hundred-dollar fee on the second conviction of a DUI for the purposes of a DUI educational program . We already have a program in my county. It comes out of the general fund. My county board and other county board members think that people Who create the problem ought to pay for part of it. Be happy to answer any questions and will ask for your support.

Discussion? If not, the question ise shall Senate Bill 1711 pass. Those in favor, vote Aye. Opposed, vote Nay. And the votingls open. All voted Who Wish? Have al1 voted Who wish? All voked who wish? Take the record. On that question, there are 53 Ayes, 1 Nay, none voting Present. Senate Bill 1711, having received the required constitutional majority, is declared passed. 1717. Senator Collins. That's on Recall. 1718 is on the Recall. 1722. Senator Carroll. Read the bill, Mr. Secretary, please. 1722.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1722. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Carroll. ll8  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Unfortunately, people at their greatest time of grief and grieving found themselves in an unfortunate situation, not only in the Greater Chicagoland Area recently, but around this State at various times. We had testinony, in fact, from a professor of psychiatry - specialist in this field - about the same dilemma that had happened a few years back in Belleville, as well. And what happens is: people who had bought cemetery plots, thinking they had the right to use them when a loved one passed away so that they could put them to their final rest and get on with their grieving, found that because of labor disputes or other reasons, they were denied that type of access. This legislation, as amended, would permit that access, even in the case of a labor dispute, requiring manaqement to provide the necessary equipment, 1 , and if so denied, providing the family the right to 1ay their loved one to rest themselves. It provides for fines for violation against a1l parties who are violating. Gives the families immediate access to the court by way of injunctive relief, and requires in those cases that the people who stop them from having this access Would also have to pay the court costs involved. I I think this is something that is long past due, and would urge favorable support of Senate Bill 1722.

The Gentleman has moved passage of 1722. Discussion? Senator Hudson.

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

Sponsor indicates he Will yieldz Senator Hudson.

Senator Carroll, when this -- when this bill was heard in I ll9  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21# 1992 committee, I think you indicated that you would make an attempt I to talk With the people of the Cemetery Association, who were opposed to the measure at that time. Did you do that?

Senator Carroll.

Yes, Senator Hudson: there's one grouping of -- I think it's twenty-three of the roughly thousand cemeteries thak had originally testified in opposition to the first version. Said this wasn't wonderful, but a little better. We have met with them on several occasions, including -- there was a meeting eight o'clock yesterday morning. They are not still comfortable With this, I can say with all honesty, but we have been talking to them and said we will continue to, as this bill winds through - assuming it does. !

Senator Hudson.

Thank you, Senator, for that. When you say theydre not still comfortable, does that mean that they are opposed? PRESIDENT ROCK: . Senator Carroll.

I can't answer that. They were opposed to the first version. I think youdll recall, in committee they said this was obviously bekker than the first version. If I were -- I hate to cast what Eheir thinking is, but I assume they want no legislation.

Further discussion? Senator Jones.

Yeah. Thank youe Mr. Presldent. Would the sponsor yield?

l20  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Indicates he will yield, Senator Jones.

Senator Carroll, along the same lines as Senator Hudson, know When we passed this legislation, we had talked about al1 the parties involved sitting down to come to some agreement, be it the archdiocese, be it the cemeteryr be it the funeral directors, and it is my understanding that this ls still not an agreed bill. And so, the -- it's very difficult to hear. There's so much noise, Mr. President.

Our visitors from the House Will have to restrain themselves. Senator Jones.

So this bill in its current form, as relate to the cemeteries: the funeral directors and the labor person that'll be involved, is not an agreed bill at this point. Are -- are we still going to be sitting down discussing, to come to an aqreement before we pass legislation?

Senator Carroll.

Yes, Senator Jones, as I think at least tried to explain to Senator Hudson, meetings have been ongoing with a1l players in the room , as well as individual meetings, in an attempt to reach an accord. Hopefully, We can reach one before the end of the Session. I Will, however, say to you that if not all parties agree, khere may be an atkempt later to pass something that maybe not a11 agree to. But at this stage, the commitment is to continue the discussions. I think there 's one again scheduled for next week.

Senator Jones. 12l  STATE OF ILLINOIS ' 87th GENERAL ASSEMBLV REGULAR SESSION ' SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 SENATOR JONES: Well, in response to that then, I trust that -- khat those discussions will take place; however, the Cemetery Association is opposed to this current -- bill in its current form . And so if it passes out of here, I knoW you Will keep your Word that all parties sit down and negotiate, because there 's some critical issues here and I do understand the problem as it relate to the Jewish community on -- on this. But if we sit down and work all those things out before -- okay? PRESIDENT ROCK: Further discussion? Senator Karpiel. SENATOR KARPIEL: Thank you, Mr. President. A question of the sponsor. PRESIDENT ROCK: Indicates he will yield, Senator Karpiel. SENATOR KARPIEL: Senator Carroll, I just wonder, would you consider this a strikebreaker bill? PRESIDENT ROCK: Senator Carroll. SENATOR CARROLL: No, I dondt. Some may cast it that Way, but I donlt. PRESIDENT ROCK: Further discussion? Senator Butler. SENATOR BUTLER: Thank you: Mr. President. To the speaker, please. I mean... PRESIDENT ROCK: That's a long Way away. Thank you very much. SENATOR BUTLER : o.. the sponsor. Thatfs a long way away. PRESIDENT ROCK: Right. Sponsor indicates hedll yield, Senator Butler. l22  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

Thank you. Senator, in our committee discussions on this bill, there were some doubts about the provision requiring the cemeteries to furnish equipment and personnel who may not be trained and who would have the liability should anything happen in the use of that equipment. Was that provision taken out, or is it still in here?

Senator Carroll.

No, Senator Butler, first of all, I don't think the Speaker ever yields. But aside from that -- thank you, Ted. The -- the original version, I think, was -- was the questions you Were relating to. In this it says that management will provide the equipment and manaqement personnel, so that they have the trained people who know how to run the equipment. That's the language in the bill. So that the management would operate their own equipment.

Further discussion? Senator Schuneman.

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

He indicates he Will yield, Senator Schuneman.

Senator, on that last polnt: I think you fre assuming that management, in every case, is -- is a larqe operation. I picture some of these cemeteries as being pretty small operations, and I'm not sure hoW they are to provide personnel if, in facte their personnel is on strike. You expect them to go out and hire other people, or are you visualizing that there are enough -- enough owners that are going to run these machines themselves? IIm not 123 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 - - could you discuss how practical this is for a -- a small cemetery? PRESIDENT ROCK: Senator Carroll. SENATOR CARROLL: Yes. Senator Schuneman, it was my understanding - it was my understanding - that the management people were concerned about others running their equipment, claiming that they at least had some expertise in doing so, and that that's how they Wanted to have it handled. Now I'm not saying that that's a hundred percent accurate, but that was my understanding. And What this provides is that ify in fact, they do not or cannot, then the people have the right to do it themselves. PRESIDENT ROCK: Senator Schuneman. SENATOR SCHUNEMAN: Well, thank you. The other concern I had had to do With the injunction. And apparently, according to our staff analysis, it imposes a thousand dollars a day for a violation of an order of injunctive relief. Are you envisioning that that injunction might run against both the owners and -- and the strikers? PRESIDENT ROCK: Senator Carroll. SENATOR CARROLL: Absolutely. PRESIDENT ROCK: Senator Schuneman. SENATOR SCHUNEMAN : And do you envision this bill as -- the effect of this bill, theny being -- say the strikers Will not allow anybody into the cemetery, that an injunction would then, in fact, prohibit them from their activitiesz to allow employees to come in and do this l24  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 work?

Senator Carroll. SENATOR CARROLL: i It Would be my opinion that if the striking employees were the ones at fault, the injunction would lie against them, and that people could then go in.

A11 right. Senator DeAngelis, for what purpose do you arise, sir? SENATOR DeANGELIS: On a point of personal privilegey Mr. President.

State your point, please. SENATOR DeANGELIS: In the gallery to our left are the students from Garfield Elementary School in my district, led by their teacher, Mrs. Stanislawski. I'd like for them to stand and be recognized.

Will our guests from Garfield please stand and be recognized. Welcome to Springfield. Further discussion? Further discussion? Further discussion? Senator Brookins.

Thank you, Mr. President. I rise in support of this bill, and 1911 1et you know that the Illinois Funeral Directors Association, the Cook County Funeral Home Owners' Association, and the Illinois Select Funeral Association are in support of this and understand it. And to one of the questions that was asked by Senator Schuneman, I think: If there is not enough management there, I'm sure - and 1911 tell you that funeral directors will assist them and aid them in fulfilling this task. And it will alleviate and bring relief to families. So I am in support of this bill. 125  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 I PRESIDENT ROCK: Senator Carroll, to close. SENATOR CARROLL: Favorable roll call, please. ! PRESIDENT ROCX: Question is, shall Senate 3il1 1722 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A11 voted Who wish? All voted who wish? Have al1 voted who Wish? A1l voted who wish? Take the record. On that question, there are 49 Ayes, 5 Nays, 2 voting Present. Senate Bill 1722, having received the required constitutional majority, is declared passed. 1727, 28 and 29 will be on the Recall. 1730. Senator Demuzio. Read the billy Mr. Secretary, please. ACTING SECRETARY: (MR. HARRY) Senate Bill 1730. (Secretary reads title of bill) 3rd Reading of the bill. I PRESIDENT ROCX: . : Senator Demuzio. SENATOR DEMUZIO : ! I Take it out of the record. I have an amendment for it. PRESIDENT ROCK: 1731. Senator Cullerton: with leave of the Body, Will handle that for Senator Lèchowicz. Read the bill: please. ' ACTING SECRETARY: (MR. HARRY) Senate Bill 1731. (Secretary reads title of bill) 3rd Readinq of the bill. PRESIDENT ROCK: Senator Cullerton. ! SENATOR CULLERTON: Thank youy Mr. President, Members of the Senate. This is 126  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 I senator Lechowicz's bill. It's identical to a bill last year which we had, Senate Bill 1497, which passed 42 to 11. This makes the due process mandates reimbursable by the State to local governments. Tbe local qovernment need not continue a mandate if the General Assembly does not make the necessary appropriations. It Would allow local government to rely on a finding by the Auditor General that the General Assembly has not made the necessary appropriations, and it is prospective only. I would ask for an Aye vote.

PRESIDING OPFICER: (SENATOR DEMUZIO) Discussion? Senator Pawell.

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

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he would yield. Senator Fawell.

Senator Cullerton, you are an attorney and, of course, the due process is basically what attorneys do. Would you please tell me, or could you enumerate some of the costs in the due process that 1 we presently do not pay for and Will have to as a State if this i : bill is passed? i I

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.

Well, first of ally it is Senator Lechowicz's bill, and I don't have, you knowr a11 of his intent in -- in my mind at this ! time, but 1,can just tell you from reading the bill, the key here is that it 'applies to any new leqislation. So it's not retroactive. It's only prospective. If we pass a new law that imposes a mandate on local government, then we have to file the appropriation and pass the appropriation; otherwise, they won't 127  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 have to comply with it. Soy due process mandates could be anything that deals with the administration of justiceg . notification and conduct of public hearings, procedures for administrative and judicial review of actions taken by local governing bodies, and protection of the public from malfeasance: misfeasance or nonfeasance by local government officials. That's what the State Mandates Act defines a due process mandate as now .

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell.

All right. So if we give you -- if We give Chicago, say, three or four new judges and, therefore, you have to build a new court, or we pass some new criminal laws that are going to necessitate new jails, would all those costs involved -- be involved in this bill?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.

Well, of course, as you know, the judges' salaries are paid for by the State now. So if you're talking about if we create tWo or three new judgeships, if they were to go out and build -- theydre not going to build a courtroom for just two or three judges. So it'd be difficult to answer that question. I don't think that it would -- your example is such that it would lead to any additional costs. With regard to passing new criminal SEatutes thaE would require more people to go to jail, again, if they end up goinq to the State penitentiary, it's not a local cost anyway. If someone is charqed With an offense, which is a new criminal offense, of which I can't imagine us even -- I think al1 criminal activity is already outlawed. I can't think of any new criminal offenses. But if there was one and they were assigned to the county jail awaiting trial, I imagine they could -- it could l28  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 be argued that we should reimburse them for that expense. That 's possible. Just...

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? I'm sorry. I beg your pardon.

Okay.

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

To the bill: I had the opportunity to talk to the Chief Justice of the Supreme Court. Frankly, he's not happy about thks bill. He feels that indeed what We are trying to do With this bill is to pass the costs on the entire justice system, except for those -- and I gather there's an amendment now that makes it prospectivez which it did not in the -- Local Government. But even so, we are basically passing on the cost of the justice system. We are talking about State's attorneys; We are talking about courtrooms; we are talking about bailiffs; We are talking about clerks; we are talking about court reporters; We are talking about the sheriffs' department; we are talking about jails. It is sezen-eighths of eaeh countyls budget right now. And that will slowly be transferred to the State. This is not a good idea. The Supreme Court doesn't think it's a good idea. Certainly as an attorney, you would like to be interested in what the Supreme Court says: and I think this is a bad idea and ought to be voted down.

PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Raica, for what purpose do you arise?

Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR DEMUZIO) l29 E STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 State your point, sir. i SENATOR RAICA: Thank you, Mr. President. In the visitors' gallery on the Republican side, we have my home parish, the graduating class of 1992 of St. Rene Parish, With their teacher, Mrs. Lew. And in addition, one of the students is celebrating her fourteenth birthday today - Amy Collins. So I would just like the Senate to recognize the graduating class of St. Rene for 1992. PRESIDING OFFICER: (SENATOR DEMUZIO) If our guests in the gallery, St. Rene, would please rise and be recognized by the Senate. Welcome to Springfield. Al1 right. Further -- further discussion? Senator Geo-Karis. SENATOR GEO-KARIS: Sponsor yield for a question? PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates that he Would. Senator Geo-Karis. SENATOR GEO-KARIS: My analysis says, under your bill, that the failure of the General Assembly to appropriate funds shall relieve the local qovernment of the obligation to implement or continue any due process mandate. Is that correct? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton. SENATOR CULLERTON : Yes, that's correct. SENATOR GEO-KARIS: Well, follow-up question. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-Karis. SENATOR GEO-KARIS: If -- how can -- don't you think that your bill is -- is really unconstitutional? Because you're saying that they don't 130  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 have to follow due process just because they don't have the money.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Cullerton.

Well, certainly I hope it's not unconstitutional. And it's not my bill; it's Senator Lechowicz's bill, and I'm sure he is positive it's not unconstitutional. And it passed 42 to 11 last year. So I think that's the best answer I can give. If -- this is very similar to the intent of Senator Watson's Constitutional Amendment. If we pass a bill which causes a mandate - it's only prospective only - we have to pay for it; otherwise. it's -- it's - - doesn't have the effect of law.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in opposition to the bill, and 1et me tell you why. Just a couple of hours aqo, Ladies and Gentlemen - believe the roll call was unanimous - we created a new crime of stalking. Unless we attach an appropriation to that bill, that vote was meaningless as I read this bill - because you will have to pass spend more money to prosecute stalkers that you didn't have to do before we passed that. And I think that there's a nice message with all khese anti-mandate bills. But when you get down to specifics, they're very hard to comply with, and we're painting ourselves into a corner. That, to me, just doesn't make sense. If you want to appropriate money for the needs of local governmente let's do it. Don't tie it to every bill. Two hours ago, we unanimously passed a bill Ehat would mean nothing because We don't have an appropriation. I don't think this makes good legislative sense.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Eurther discussion? Senator Rock. 131  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21r 1992

Thank you, Mr. Presidenkr Ladies and Gentlemen of the Senate. I would like only to have the record reflect that Senator Lechowicz is not With us due to the fact that he is hospitalized, but Were he here: I would tell him this is sEill a terrible bill. I intend to vote No.

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

Question of the sponsor. Question of the pseudo-sponsore please. Question. We're defining this again. We are fairly certain, from our analysis and what youfve sald, that what this says is if we pass it and fund it, they have to do it; if We pass it and don't fund it, they don't have to do it. That's a11 you 're really saying. What's the problem?

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Purther discussion? If not, Senator -- oh, Senator Cullerton may close.

On behalf of Senator Lechowicz, who's on his back up in a hospital in Chicago: please vote Aye. i

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is# shall Senate Bill -- Senate Bill 1731 pass. Those in favor Wi11 vote Aye. Those opposed, Nay. The voting is i open. Have a11 voted who Wish? Have a11 voted Who Wish? Have a11 voted who wish? Take the record. On that question, the Ayes are l9, the Nays are 31, 2 voting Present. Senate Bill 1731, h i aving failed to receive the required constitutional majority, is declared lost. 1733. Mr. Secretary, please.

ACTING SECRETARY: (MR. HAPRY) Senate Bill 1733. ! (Secretary reads title of bill) 132  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leqislative Day May 2l, 1992 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1733 is the annual appropriation for the ordinary, contingent and dtstrtbutive expenses of the State Comptroller in the total amount of roughly forty-four million three hundred and eighty-one thousand dollars. The bill has been amended downward. I think it's safe to say that the Comptroller's increase is approximately four percent: Which is not outrageous, and I would solicit your favorable support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 1733 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who Wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 1733, having received the required constitutional majority, is declared passed. Senate Bill 1739: Mr. Secretary, please.

ACTING SECRETKRY: (MR. HARRY) Senate Bill 1739. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Kelly.

Thank you, Mr. President and Members of the Senate. Senate Bill 1739 would require businesses which sell or lease police, fire fighter or security guard uniforms to seek identification from their customers and a letter from the employer that the 133  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 uniform or uniforms are being used for official business. Currently, anyone can walk in off the street and purchase a police or a fire uniform . They do not have to identify themself <sicl. ! I A1l they have to doz if they Wish, is pay cash for it. This Would I prevent that type of activity from happening, and it would prevent a potential or a future gang or anyone else from utilizing police or safety uniforms for illegal purposes. There was an amendment which deleted insignias from the provisions, and also those who rent costumes for special occasions. Other than that: I Would appreciate your support, and answer any questions you might have.

PRESIDING OFPICER: (SENATOR DEMUZIO) Is there discussion? Senator Hawkinson.

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

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

Senator, we've discussed this briefly before. I just want to verify on the record that this is not intended to place any new duties on the manufacturer when there's a sale of uniforms to cities or other municipality -- other governmental bodies, for the purchase; that this isn't intended to put any new paperwork, duties or anything upon governmental bodies or the manufacturers in sales to governmental bodies.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Kelly.

No, this ls nok intended in any way to constrain the normal business procedures, especially With those who sell uniforms to any of the local municipalities or other units of government. This would not -- and not my intention for this legislation to do 134  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 anything to stop that.

PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator -- Senator Topinka.

A question of the sponsor, if I may. There are other ways to get access to these type of uniforms. Does your leqislation, in any way, kouch on or seek to touch on resale shops, or things like the Salvation Army, or Goodwill or any of these other places where these kind of second -- secondary uniforms might appear and thetefore be put up for sale?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Kelly.

I've been advised it applies to any that are in the business of selling, renEing or leasing uniforms. So it would cover all a reas .

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Topinka.

I think that might be somewhat problematic With some of the charitable organizations that get involvede because they really have good intentions and they take kind of unmarked bags where people just dump things. Would you consider possibly an amendment in the House? I mean, I have no problem with What you fre doing: but something that might cover them so we don't get maybe at the wrong people on this?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Kelly. SENATOR KELLYI ! Yes. I'm not trying to rush this legislation through, and be qlad to work With you and any of our House colleagues that might i I have some ôther -- and the business community as well, because : 135  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992 this is just -- the intention is -- is good and certainly wedve got some time to work on it. So, yes, I will be glad to accept or consider some amendatory changes.

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

Thank you, Mr. President. Senator Kelly, am I correct to assume that you removed the portion that included patches? The reason I ask is because a lot of the collectors exchange patches throughout the country, and they just write letters to -- to law enforcement and they just collect them for their walls.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Kelly.

Yes. On insignias, initially it was some intent to make some changes on the insignias so that -- there was some individuals that came before the committee that had a problem with the insignias. And I'm not sure. I had intended that this not be covered under this -- under this. But as I read it, it looks like it would be -- insignias would be -- you'd still need a letter or something to -- to show the legitimacy of the purchase. i j 1 PRESIDING OFFICER: (SENATOR DEMUZIO) ! Senator Dudycz.

Well, lask week, Senator, I received a brochure in the mail to my legislative dlstrict office, and in it they were advertising badges and various different publications. And some of those badges that they were advertising had the names of city and it I I said police officer or detective, and it very much could be misinterpreted, as somebody could purchase it and use it for unlawful reasons. Would this bill cover those? This is a Louisiana firm that mailed the -- the booklet to me. Would this 136  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leqislative Day May 2l: 1992 cover any -- any solicitations or purchases going through the i mail? I

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Kelly.

No , Senatory it would not cover mail purchases. That would have to be done separately, or at a later stage. It does not cover that. In the House, yeah.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Kelly may close.

Appreciate your support. Senate Bill 1739, as amended.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 1739 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 53, the Nays are 1, l votàng Present. Senate Bill 1739, havin: received the required constitutional majörity, is declared passed. That was the fortieth bill We passed today. We now have a hundred and eighty-six more to go. Senate Bill 1741. Senator Dunn. Mr. Secretary, please.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 1741. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn.

Thank you, Mr. President. This bill would enhance the penalty, or I should properly say, increase the penalty for neiqhborhood drug sales and solicitation. The first offense would be a Class 4 137  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 felony, punishable by one to three years in the penitentiary. And the second offense Would be three to seven years, a Class 2 felony. These are probationable, if the judge decides that the offense merits it. It defines a neighborhood as a area that is a contiguous square block OE at least sixty percent residential , homes.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 1741 Xpass. Those in favor Will vote Aye. Those opposedz Nay. The votin: is open. Have a1l voted who wish? Have al1 voted Who Wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 1741, having received the required constitutional majority, is declared passed. Senate Bill 1743, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) Senate Bill 1743. ' (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft. SENATOR LUFT: ' Thank you, Mr. President. Senate Bill 1743 has -- the subject matter deals with a -- what is defined as a permanent resident of a hotel. Today, if you are leasing or renting a room in a hotel over thirty days as an individual or corporate entity, you only pay the tax the first thirty days, and you do not have to pay the hotel/motel tax after that. What this bill does ts to say that you don't have to be in the same room, because the airline industry, specifically in Chicago, Who has hundreds, if not thousands, of people coming in and out, lease and rent rooms, but because there's so many people coming in and out, they can't use the same room because the maids haven't made up the room and i l38  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992 they're not cleaned up yet. So what we simply do in this bill is just let apply to the same as a permanent resident in the same room, we allow them to use any room .

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is# shall Senate Bill 1743 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who Wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that questkon, the Ayes are 56, the Nays are noner none voting Present. Senate Bill 1743: having received the required constitutional majority, is declared passed. Page 8, top of the page, 1747. Senate Bills 3rd Reading, Mr. Secretary, please.

ACTING SECRETARX: (MR. HARRY) Senate Bill 1747. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs. SENATOR JACOBSI Thank you, Mr. President. This -- Senate Bill 1747 is strictly a retaliatory bill. The purpose of the bill is to require nonresident contractors to post bond to ensure the payment of taxes and unemployment insurance taxes. Presently, the Stake of Iowa, who two years ago charqed a bond for every time we went over there - we asked them to change it. They did change it to one blanket bond for Illinois contractors to fifky thousand. And we don't have any similar provision. So what we 're saying is we 'd like to have you remove that altogether. If you don't, We're going to install ours. It has a reciprocal arrangement, and we'd like not to do these things, but we've done them before in the past. And I know of no known opposition to this. Just ask for approval. 139  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l08Eh Legislative Day May 21, 1992 !

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 1747 pass. Those in favor will vote Aye. Those opposed, Nay. The voking is open. Have all voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. Senate Bi1l 1747, havkng received the required constitutional majority, is declared passed. Senate Bill 1750. On the Order of Senate Bills 3rd Reading, Mr. Secretary.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 1750. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Woodyard.

Thank you, Mr. President and Members of the Senate. Senate Bill 1750 is a companion bill to Senator Welch's 2177 that deals with the Groundwater Protection Act and the implementation of the monitoring system on fertilizer plants. And the component in this particular bill is basically agreed to by a large group of people from the Environmental Council through EPA through the industry. It extends the time of implementation by ten months to the -- to October 1st, 1993, and our intent is to move these bills over to the House: where the committee will continue to Work on them.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall Senate Bill 1750 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who Wish? Have a11 voted who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 53, the Nays are 2, none voting Present. Senate Bill 1750, having received the required l40  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2lF 1992 constitutional majority, is declared passed. Senate Bills 3rd Reading, Senate Bill 1766, Mr. Secretary.

ACTING SECRETARY: (MR. NAPRY) Senate Bill 1766. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Thank youv Mr. President. This is a bill that directs the Illinois Commerce Commission to study rate structures for electric service that is going to provide incentives for the conservation and energy efficiency by way of rules and regulations promulgated by the Commerce Commission. In additkon, the bill also encourages the use of natural gas as a -- as a fuel for automobiles in a pilot project near the Chicago and suburban areas. 1111 be glad to answer any questions.

PRESIDING OPPICER: (SENATOR DEMUZIO) A11 right. Is there discussion? If not, then the question is, shall Senate Bill 1766 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who Wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, khe Ayes are 54 -- I'm sorry, 56, the Nays are none, none voting Present. Senate Bill 1766, having received the required constitutional majority, is declared passed. 1768 is on the Recall List. Senate Bill 1773. Senator Dunn. On the Order of Senate Bills 3rd Reading, Senate Bill 1773, Mr. Secretary.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 1773. (Secretary reads title of bill) 3rd Reading of the bill. 141  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leqislative Day May 21, 1992 PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn. SENATOR T. DUNN: Thank you, Mr. President. This bill amends the Voluntary i I Payroll Deduction Act, and makes a number of changes which Were agreed to by al1 of the major charities, the Lieutenant Governor's Office, CMS, United Way, the Comptroller. It establishes a current practice of putting the percentage of fund raising on the brochure rather than on the payroll card - deduction card - and requires each participating group to pay its share of the campaign costs. It expands the rule-making provision so that -- ko include the Code of Campaign Cönduct: the handling of cash contributions, an advisory committee on allocation of expenses in the campaign structure. I know of no opposition to this bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, then the question ise shall Senate Bill 1773 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record . 1 I On that question, the Ayes are 53: the Nays are 2, l votin: Present . ! Senate Bill 1773, having received the required I constitutional majority, is declared passed. Senate Bill 1779. On i ' the Order of 3rd Reading, Mr. Secretary, please. 1 I ACTING SECRETARY: (MR. HARRY) 1 y Senate Bill 1779. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald. SENATOR MACDONALD: Thank you, Mr. President. This legislation establishes the Illinois Adopt-A-Highway Program for municipalities only . l42 i L  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Forty-seven other states have similar programs, and the sections of roadway to be adopted are outlined in the bill to include municipal rights-of-way and State riqhts-of-way within a municipality's corporate boundaries. The American Federation of Labor has removed their opposition with the adoption of the Floor Amendment No. 1. I know of no opposition to this legislation at this time: and I would ask for your favorable support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is# sball Senate Bill 1779 pass. Those in favor will vote Aye. Those opposedz Nay. The voting is open. Have al1 voted who wish? Have all voted Who wish? Have a11 voted who wish? Take the reeord. On that question, the Ayes are 57, the Nays are none, none voting Present. Senate Bill 1779, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading, Senate Bill 1783, Mr. Secretary.

ACTING SECRETARY: (MR. HAPRY) Senate Bill 1783. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate: Senate Bill 1783 is another cost-saving type bill, and it seeks to try and 9et some control over the printing that goes on in the State of Illinois. This would give a1l agencies that do do printing would have to be responsible to the Department of Central Management Services, who Would become the supervisor of whether or not these met their criteria, which Would be established by rule. CMS is in support. Just as an example: at this point, with a1l the annual reports that we get, we have at 143 < ,m ' .  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 least one which showed up at eleven dollars and fourteen cents per copy. CMS, on the other hand, spent roughly forty-three cents per copy on its last annual report. I think you can see just from those that I hold up over here, we've done lovely presentations of our annual reports, which most of us rarely read. We are not IBM or GM; we do not need to do this. And I Would ask your support.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, then the question is: shall Senate Bill 1783 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who Wish? Have all voted who wish? Have a1l voted who Wish? Take the record. On that question, the Ayes are 56# the Nays are none, none voting Present. Senate Bill 1783, having received the required constitutional majority, is declared passed. Senate Bill 1787. On the Order of Senate Bills 3rd Readingz 1787, Mr. Secretary.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 1787. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea.

Thank you, Mr. President and Members of the Senate. Senate Bill 1787, as amended, now has become a shell bill, and the -- We have the agreed process in motion on unemployment insurance. It's my hope that something will be Worked out during this Session, and I would like to move this bill forward for those negotiations.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, then the question isz shall Senate Bill 1787 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted Who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that 144  STATE 0P ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Leqislative Day May 2l, 1992 I question, the Ayes are 45, the Nays are none, 11 voting Present. Senate Bill 1787, having received the required constitutional majority, is declared passed. Senate Bill 1789. Senator Dudycz. On the Order of Senate Bills 3rd Reading is Senate Bill 1789, Mr. Secretary.

ACTING SECRETARY: (MR. NADRY) Senate Bi11 1789. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dudycz.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1789 Would place a three-year Statute of Limikations on bringin: a charge of unreasonable use of force against a police officer before the Police Board. And I Would be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, then the question is, shall Senate Bill 1789 pass. Tbose in favor will vote Aye. Those opposed, Nay . The voting is open. Have all voted who wish? Have a1l voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 55: the Nays are none, none voting Present. Senate Bill 1789, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 1796, Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRY) Senate Bi11 1796. (Secretary reads title of bill) 3rd Reading of the bill. I l45  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2ly 1992 : END OF TAPE . TAPE 4

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Thomas Dunn.

Thank you, Mr. President. Under the Department of Revenue 's interpretation of khe current statutory definition, mortgage companies, commercial loan companies, credit card companies and large loan companies are not classified as financial organizations. They now would be. This bill, in answer to the Department of Revenue's concern, has -- has made some major changes. We have deleted the option for a person to elect whether to be designated a financial organization if that person owns or is owned by another person so desiqnated. So it removes merely the criticism that the Department leveled, and I urge an Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not: then the question is, Ehall Senate Bill 1796 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who wish? Have all voted who wish? Have a1l voted who wish? Take the record . On that question, the Ayes are 56, the Nays are 1, none votinq Present. Senate Bill 1796, havinq received the required constitutional majorityz is declared passed. 1814 is on the Recall List. Senate Bill 1816, on the Order of Senate Bills 3rd Reading, Mr. Secretary.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 1816. (Secretary reads title of bill) 3rd Reading of the bill. l46  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Holmberg.

Thank you, Mr. President. This bill we dve seen before in a slightly different version. It increases the income eligibility threshold for participation in the Senior Citizens Real Estate Tax Deferral Program from fourteen thousand to twenty thousand dollars. We had this bill last year, but at a larger increase from fourteen thousand to thirty thousand. Even so: it passed with total bipartisan support unanimously, I believe, or maybe one or two dissenting votes. It passed unanimously in the House, was vetoed by the Governor, and it lost an attempted override by just one vote. This level the AARP feels would be a more reasonable level to ask the Governor to accept. It would increase the number of people eligible by just a feW thousand, and I think is a more realistic approach to helping a group of people on a fixed income who really need some relief from their property taxes. For those of you who need to be reminded of what it does, it basically sets up a revolving loan fund where you -- the State lends people the money to continue paying their real estate taxes when they can no longer afford to do so, at the very end of life. It's for those people who end up having paid for their houses, and they are now house-rich and income-poor. It helps to keep neighborhoods intact. It was the number one thing brought up at the Revenue hearings a year ago that would help to make property taxes tolerable. I think my office has perhaps received more calls on this particular bill over the lask two years than any other issue that we've had before us. It's the one group of people we most need to help, and I ask for your favorable support.

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

147  1 STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 I i Question of the sponsor. PRESIDING OFFICER: (SENATOR DEMUZIO) i Indicates she Will yield. Senator Rigney. I l SENATOR RIGNEY: ! I Is the Department of Revenue still opposed to the bill? PRESIDTNG OFFICER: (SENATOR DEMUZIO) ' Senator Holmberg.

I understand that they are.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rigney.

Wells I point out to you here, againz looking at priorities and so forth. I'm not sure it's necessary to pay the taxes for people in that fourteen-thousand-dollar to twenty-thousand-dollar range. Now admittedly, it's better than What it Was last year, when we Were paying up to thirty thousand, but if we -- you know, with limited funds around herey I'm not sure that we dre really attacking a problem that is neeessary.

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Further discussion? If not, then Senator Holmberg may close.

This particular bill, Which would allow the citizens who lve worked very, very hard to set aside everything they have into their home and suddenly find that they are no longer able to stay in their home, to stay in their home for a -- those extra few years of life. The Department of Revenue says that the average use of this is just for one thousand dollars and -- one thousand and seventy-two dollars. That's that extra little bit that somebody who is eighty years old and wants to live out their life in their home for one or two or three more kears needs. I think 148  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21: 1992 it is the most minimal thing that we can do for our senior citizens, to lend them that money, whieh they Will then pay back when they sell their house or they die. Only a fe* hundred people take advantage of it: but it is that lifeline support that they dearly need. Let's support this bill and give them the tax break that they really need.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 1816 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On thak questionz the Ayes are 52, the Nays are 2, none voting Present. Senate Bill 1816, having received the required constitutional majority -- I'm sorry. 1816: having received . the required constitutional majority, is declared passed. Senate Bill 1818. Senator Holmberg. Senate Bills 3rd Reading, Senate Bill 1818, Mr. Secretary.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 1818. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMPZIO) Senator Holmberg.

Thank you, Mr. President. Senate Bill 1818, as amended, creates the Child Care Act for State Unlverslties, and authorizes State universities to contract for child eare services for their employees. The bill was amended at the request of the minority spokesman and the Board of Higher Education to change the responsibility for promulgating rules from the Board of Higher Education to the four public university governinq boards. I know of no opposition to this bill, and I would appreciate your support. l49  l STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

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

Question. Question. Question of the sponsor. First. is this a mandated cost that we are not fundlng? I'm not sure. Thatîs the question. Iêm honestly not sure. Is this a mandated cost wedre not funding?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberg.

Are we mandating this?

PRESIDING OFFICER: (SENATOR DEMUZIO) Wait a minute. Senator Holmberg.

No, Senator Keats, this merely sets up Who is responsible for assessin: whether there are child care facilities on a campus.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Keats.

Who pays?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberq. SENATOR HOLMBERGZ There's no cost. It's -- the qoverning boards of the various universities are responsible for assessing whether or not you need a child care facility - in other words, Whether a study needs to be taken, whether you need one. There is no money in here. There is no cost. There's no building takinq place. Up until now , State Government has had to perform that role: and we really sort of left out the universities. We do it for a1l -- you knowz all the other departments, to see whether there's a need when we build a new building. But wefve never, ever had anyone in charge of 150  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 assessing ik for the State universities: and this bill sets up a procedure where the Board of Governors of each university has that responsibility. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Reats. SENATOR KEATS: I must not be asking the question clearly. Since there 's no pressure on them to find that they don't need one, it's very easy to find that they do need one. Who then pays for tbat day care facility? Is it the taxpayers? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberg. SENATOR HOLMBERG : The -- the users of that facility. The users of the service would pay for the child care. PRESIDING OFPICER: (SENATOR DEMUZTO) Senator Reats. ' SENATOR KEATS: So the State employees. So this would be similar to what a private sector employee would have. What Idm saying is if wedre subsidizing - and I'm not saying that's a bad thing - but Ifm saying it is something we're givin: to governmental employees that private sector employees don't have. I'm just trying to make sure we're not setting up a protected class at the expense of people who don 't have these facilities. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberg. SENATOR HOLMBERG: No# we are not. PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Ralph Dunn. SENATOR R . DUNN: ' l51  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2lz 1992 Thank you, Mr. Speaker. I too urge that we pass this bill. It's not a mandatory thing. It's a study. We did this for our State employees a couple of years ago, and this just kind of extends it onto the universities. The -- Chairman Holmber: is right; that we passed the bill out of committee, and I1d urge an Aye vote. Thank you. i

PRESIDING OFFICER: (SENATOR COLLINS) Senator Holmberg. 1

If there are no further questions, I'd recommend an Aye vote. PRESIDING OFPICER: (SENATOR COLLTNS) ' I'm sorry. Senator Schuneman.

Thank you, Madam President.

PRESIDING OFPICER: (SENATOR COLLINS) Further discussion?

Question of the sponsor, please.

PRESIDING OFPICER: (SENATOR COLLINS) 5he indicates she will yield. SENATOR SCHUNEMAN: I Senator, judging from your reaction - or your responses - to i Senator Keats: I'm not sure I understand exactly khat this does. You indicaked that there was no cost to the State, but our staff analysis indicates that this deals with the mandate that State universities provide on-site child care services if the university is going to construct a building. Now you lre not suggesting that the employees are going to pay khe cost of building day care facilities, are you?

PRESIDING OFPICER: (SENATOR COLLINS) ! Senator Holmberg.

I 152  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 There are no initial costs to this. This -- this particular bill just calls for a study. Perhaps down the line, if the university determines that there is a need, there would have to be some facility rented or built, and the recipients would need to pay for that.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Schuneman.

Is the law already in place that -- that mandates child care facilities or -- or -- reallyz what are we doing With this bill? I don't think -- I don't think there's complete understanding on the Floor of exactly what the bill does. If it only requires them to study it, that's one thing. But if there's some kind of mandate that -- that new university facilities pass some test, then obviously that's going to be a cost of construction on the State of Illinois.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Holmberq. SENATOR HOLMBERGI If I could repeat, and I think Senator Dunn has mentioned that as well, that two years ago we passed a 1aw that applies to the rest of State Government that a study needs to be made, and when a new facility is built that we have to assess the child care needs. It was not clear hoW the university Section of that laW should be handled . This puts language into it, which means thaty you know, CMS or somebody else does noE have ta handle it. 2ach individual university makes its own assessment.

PRESIDING OFFTCER: (SENATOR COLLINS) Purther discussion? Senator Butler.

Thank you. Will the sponsor yield, please?

PRESIDING OFFICER: (SENATOR COLLINS) l53  I I 87S tT hAT GENO EF RAI LLA LI SN SE OI MS BLY 1 REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l: 1992 She indicates she'll yield. SENATOR BUTLER: ' I'm sorry. I -- I may be the only one in this Chamber who is still a little vague on this. For purposes of legislative intent, I there is nothing in this bill that requires the State, in any way, shape or form, to provide facilities or to pay for any part of the service. The study Will be paid for by whom? By the university?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Holmberg.

Yes. i

PRESIDING OFFICER: (SENATOR COLLINS) Senator Butler.

There is no intention in this bill whatsoever to go beyond that study. No facility requirement, no nothing. Correct?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Holmberg.

That is not the immediate purpose of this bill. As I said before, perhaps down the line, a number of years later, there miqht be a need for a facility, and then there Would be costs involved. But there is nothing in this bill that creates the need to expend any money at this time.

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

The more We go, I guess, the more confused I become. If they're already under the bill, if statutorily they are already under the bill, or assume that they are, what in the World is the need for a study to see if they need it? Isn 't that something that they just ought to do? Why -- why are we legislating a l54  ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 study?

PRESIDING OFFICER: (SENATOR COLLINS) Senaeor Holmberg.

Because it wasn't gettin: done at the university level. We were doing it at the agency level, but the universities -- just not gotten around to doing the study. They didn't -- you know, we d1d no* have clarity in the 1aw as to who was responsible for it at the university level. This gives that clarity. .

PRESIDING OFFICER: (SENATOR COLLINS) Senator Maitland.

Well, just to comment: does that mean that every piece of legislation that we pass around here now wedre going to have to have a study to see if we truly need the legislation? That's what it seems to me this legislation purports to do.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Holmberg, to close.

I just ask for a favorable vote.

PRESIDING OFFICER: (SENATOR COLLTNS) The question is, shall Senate Bill 1818 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted Who Wish? Have all voted who wish? Take the record. On that question, there are 36 Ayes, 18 Nays, 2 voting Present. Having received the required consbitutional majority, Senate Bil1 1818 is declared passed. Senate Bill 1827. Senator Marovitz. Read the bill. Senator Marovitz.

In hopes that this Will set a precedent on the Floor, I w1ll not call 1827 and 1830.

PRESIDING OFFICER: (SENATOR COLLINS) 155  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2lz 1992 Thank you very much. On top of page 9, Senate Bill -- no, middle of the page, Senate Bill -- no, I'm sorry. Senate Bill 1840. Senator Rock. Read tbe bill, Madam Secretary.

Senate Bill 1840. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Rock.

Thank you, Madam President: Ladies and Gentlemen of the Senate. Senate Bill 1840 appropriates sixty-two million dollars in General Revenue funds, two and a half million in federal funds, and a half a million dollars from the Illinois Math and Science Academy Income Fund to the Board of Higher Education for its ordinary, contingent and distributive expenses. This bill includes the *wo million dollars for the ordinary and contingent expenses of the Board of Higher Ede eleven and a half million dollars for the operations of the Illinois Math and Science Academy, and the remainder, some fifty-one million dollarsy is for the institutional grant programs that are administered by the Board of Higher Ed. As amended, the bill reduces the appropriation to the Governor's allocated level, which translates into a 3.l percent reduetion from the FY'93 Board of Higher Ed recommendation, and is six percent less than the Fiscal Year 1992 estimated expenditure. This is at the Governor's level. I solicit an Aye vote.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall Senate Bill 1840 pass. Those in favor will vote Aye. Opposed, Nay . The voting is open. Have all voted Who wish? Have a1l voted who wish? Take the record, Madam Secretary. 0n that question, there l56  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislatlve Day Mây 2l# 1992 are 56 Ayes, no Nays, none voting Present. Having received the ' required constitutional majority, Senate Bill 1840 is declared passed. Senator Butler, for what purpose do you... Senator -- Senate Bill 1841. Senator Weaver. Read the bill. SECRETARY HAWKER: Senate Bill 1841. ! (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Weaver. ! SENATOR WEAVER: Thank you, Madam President. This is the annual appropriation I to the U of I in the amount of six hundred and ninety-six million eight hundred and seventy-one thousand dollars. It's a reduction of thirty-seven million six hundred and thirty-six thousand from the introduced level, and I'd move approval. PRESIDING OFFICER: (SENATOR COLLINS) ! Discussion? If not, the question is, sball Senate Bill 1841 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who Wish? Take Ehe record, Madam Seeretary. On that question, there are 57 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1841 is declared passed. Senate Bill 1842. Senator Vadalabene. Senator -- read the bill, Madam Seeretary. SECRETARY HAWKER : Senate Bil1 1484 -- pardon me, 1842. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Vadalabene. SENATOR VADALABENE: 157  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legisla*ive Day May 21, 1992 Yes, thank you, Mr. President and Members of the Senate. This is a Fiscal 1993 appropriation for SIU. If -- this is at the I Governor's budget level, and I request a vote.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If noe, the question is, shall Senate Bill 1842 : pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who wish? Have al1 voted Who Wish? Have ; all voted Who Wish? Take the record, Madam Secretary. On that ( question, there are 57 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1842 is ! declared passed. Senate Bill 1843. Senator Maitland. Read the bill, Madam Secretary.

Senate Bill 1843. ! (Secretary reads title of bill) 3rd Reading of the bill. i PRESIDING OFFICER: (SENATOR COLLINS) 1 Senator Maitland.

Thank you, Madam President. Senate Bill 1843 does appropriate ; the funds to the Board of Regents for the ordinary and contingent expenses for FY'93. At its current level, it is tWo hundred forty million dollars twenty-six thousand. It is twelve thousand six hundred and sixty thousand below the introduced level.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, Ehe question is, shall Senate Bill 1843 pass. Those in favor will vote Aye. Opposed, Nay. The votinq is open. Have all voted who Wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1843 is declared passed. Senate Bill 1844. Senator Carroll. Read the bill. l58  1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992

Senate Bill 1844. j i (seeretary reads title of bill) I l 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Carroll.

Why, thank you, Madam President and Ladtes and Gentlemen of the Senake. Senate Bill 1844 is the ordinary and contingent expenses of the Board of Governors, appropriating some 146.8 million in General Revenue funds and 69.6 million in University Income funds for the operation of their system. This is at the Governor's levelz is some five percent under the way it was originally introduced, and 1.2 percent less than Piscal '92 estimated expenditures. I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? If not, the question is, shall Senate Bill 1844 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who Wish? Have a11 voted Who wish? Take the record. 0n that question, there are 57 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1844 is declared passed. I senake Bill 1845. Senator Severns. Read the bill. SECRETARY HAWKER: i Senate Bill 1845. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Severns.

Thank your Madam Presidentr Members of the Senate. Senate Bill1845appropriates221.9milliondollars in General Revenue j l59  . 1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 funds and 2.5 million State Community College Contract and Grant funds to the Illinois Community College Board. As amended, this bill is at the Governor's level, and I would urge its adoption.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall Senate Bill 1845 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have al1 voted Who Wish? Take the record. On that question, there are 57 Ayesz no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1845 is declared passed. Senate Bill 1846. Senator Severns. Read the bill.

Senate 3i11 1846. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Severns.

Thank you, Madam President, Members of the Senate. Senate Bill 1846 is the annual rate bill which eontains the funding formula for the distribution of the community college grants. As amended, this bill reduces small college funding grants and creates a college funding loss floor, where no district receives less than ninety percent of the FY'92 spendlng authority. I would urge its adoption.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, Ehe question is, shall Senake Bill 1846 pass. Those in favor will vote Aye. Opposed: Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1846 is declared passed. 160  87th STATE OF ILL GENERAL INOIS ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Senate Bill 1847. Senator Etheredge. Read the bill. 1 i SECRETARYHAWKER: J Senate Bill 1847. j I (secretaryreadstitleofbill) 3rd Reading of the bill. 1 I PRESIDING OFFICER: (SENATOR COLLINS) ! Senator Etheredge.

Thank you, Madam President. This is the OCE for the Illinois Student Assistance Commission. It is noW in the amount of three I hundred and ninety-three million five hundred and eighteen thousand nine hundred dollars. And this bill, like the others, is at the Governor's level. I Would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall Senate Bill 1847 pass. Those in favor Will vote Aye. Opposedg Nay. The voting is open. Have all voted Who wish? Have al1 voted who Wish? Take the record. On that questlon: there are 57 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1847 is declared passed. Senate Bill 1848. Senator Etheredge. Read the bill.

Senate Bill 1848. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Etheredge.

Thank you: Madam President. This is the bill that ultimately Will be used to set the maximum award levels for ISAC. Right now it is in the form of a vehtcle bill. I would ask for a favorable roll call. l6l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If nok, the question is# shall Senate Bill 1848 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who Wish? Have a11 voted Who wish? Take the record. On that question: there are 56 Ayesz no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1848 is declared passed. Senate Bill 1849. Senator Weaver. Read the bill.

Senate Bill 1849. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Weaver.

Thank you, Madam President. This is the annual appropriation to the State Universities Retirement System in the amount of ninety million five hundred and thirty-two thousand. This is at the Governor's level.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall Senate Bill 1849 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who Wish? Have a11 voted Who Wish? Take the record. On that question, there are 57 Ayes, no Naysy none voting Present. Having received the required constitutional majority, Senate Bill 1849 is declared passed. Senate Bill 1850. Senator Weaver. Read the bill.

Senate Bill 1850. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) l62  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day ' May 21# 1992 Senator Weaver.

Thank youz Madam Presldent. This is the annual appropriation to the State Universities Civil Service System in the amount of eight hundred and seventy-two thousand one hundred dollars, at the Governor's level.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall Senate Bill 1850 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1850 is declared passed. Top of page l0, Senate Bill 1860. Senator Severns. Read the bill.

Senate Bill 1860. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Severns.

Thank youe Madam President, Members of the Senate. This is the bill that transfers the Displaced Homemaker Program from DCCA to the Department of Labor. 80th the Directors of DCCA and the Department of Labor have -- have agreed to this move in cooperation with the sponsors. I know of no opposition, kould urge adoption.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall Senate Bill 1860 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who Wish? Take the record. On that question, there are 57 Ayes, no Nays, none 163  STAYE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2lz 1992 voting Present. Having received the required constitutional majority, Senate Bill 1860 is declared passed. Senate Bill 1867. Senator Hall. Read the bill, please.

Senate Bill 1867. (Secretary reads tiele of bill) 3rd Re'ading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.

Thank you, Madam President, Ladies and Gentlemen of the Senate. I have eight vehicle bills here: and the first one is Senate Bill 1867. And what I1d like to do is -- that -- it appropriates one thousand dollars to DCFS, and this is a vehicle bill. I'd ask for your most favorable support of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Senator Etheredge.

Thank you, Madam President. I rise in opposition to this bill and each of the sixteen following vehicle bills, and I Would ask everyone on this side of the aisle to vote No on this and the succeeding vehicle bills. I think a11 of us here on the Floor are very much aware of the fact that late yesterday afternoon we amended a whole series of bills that constituted roughly half of the Governor's budget. These amendments were somewhat complicated. Our skaff and the Members over here are still studying the impact of those amendments, and I think at this time it is premature to cpnsider these vebicles. I would respectfully request the Senator to -- to withdraw this bill at this time.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall Senate Bill 1867 pass. Those in favor will vote Aye. Opposed, Nay. The l64  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l: 1992 voting is open. Have all voted who wish? Have a11 voted Who wish? Have al1 voted Who wish? Take the record. 0n that question, there are 29 Ayes, 28 Naysz none voting Present. Having failed to receive the required constitutional majority, Senate Bill 1867 -- the sponsor's requesting Postponed Consideration? Senator Hall.

Yes, Madam -- Madam President.

PRESIDING OFFICER: (SENATOR COLLINS) Is declared lost.

But I wanted to respond to him. Traditionally: We haver down throuqh the years... '

PRESIDING OFFICER: (SENATOR COLLINS) I'm sorry. Yes... yes...

..o had these...

PRESIDING OFFICER: (SENATOR COLLINS) Yes, you can respond.

.. . vehicle bills around. And I don't know why you Would take that if we do it on both sldes. And we just qave you one.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.

Hold it. And another thing. Every budget is carried by a Republican. We don't have any. And I donît know Why We would start this at this time. Wefve been parading -- wedve been going fine. So I'm just -- did you read into the record yet Senate Bill 1868, Madam President?

PRESIDING OFFICER: (SENATOR COLLINS) No, I haven't. l65  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Dag May 21, 1992

Well, I want to pursue it.

PRESIDING OFFICER: (SENATOR COLLINS) Senate Bill -- Senate Bill 1868. Read the bill.

Senate Bill 1868. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.

Madam President and Ladies and Gentlemen of the Senate, I've been in this Chamber close to twenty-eight years, and we have never had -- I mean, we've always had vehicle bills at this tlme. And this expedites the process. 'This is -- appropriates one thousand GRF to State Board of Education for a study for a parental training program . This is a vehicle bill. I move for the passage of this bill.

PRESIDING OFFICER: (SENATOK COLLINS) Discussion? Senator Etheredge. Senator Etheredge.

Thank you, Madam President. Once again, I Would ask for the same roll call on 1868 that we just had on 1867. And Senator Hall, I -- I'm not standing here saying that there Would never be any agreement with those of us on this side of the aisle in regard to the use of vehicles. All I'm saying is that, as of this moment, we would request that you take this out of the record and also the succeeding bills, as well, so that We can give further skudy to the budqet as it presently stands.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.

166  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Welre trying to work through this. It's tough enoughy as you know, right now. And we're simply saying that these vehicle bills are needed. You 'll have vehicle bills on your side. We have some on this side. So I'm goin: to pursue the issue.

PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? Senator Carroll. Senator Carroll?

Thank you, Madam President, Ladies and Gentlemen of the Senate. It's apparent that they don't want to deal with the budget, so I would suggest, Senator Hall, that you do withdraw the rest of the bills, and that we do not vote for any budget bills till this is resolved.

PRESIDING OFFICER: (SENATOR COLLINS) Senator...

And keep the whole -- half of the budget here.

PRESIDING OFPICER: (SENATOR COLLINS) Senator -- Senator, where do you Want me to start? Senate Bi11 1880, or where do you wish to Senator Hall.

Well, the ball's over in his court now. Senator Etheredqe, are you going to pursue that?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Etheredge.

Xes. Senator, I -- I Would once again request that -- that you take this bill out of the reeord .

PRESIDING OFFICER: (SENATOR COLLINS) Senator -- Senator Carroll. For clarity of the Chair, are you indicating to skip a11 of the appropriation bills, the rest of those? Senator Hall - down to 1880? Or, Senator Carrolly are you going to move your bills? Senator Carroll. 167  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992

I was just suggesting to Senator Hall that he hold all of his. I would hold a1l of mine. And I would suggest to our Members that we withhold our vote on al1 of theirs.

PRESIDING OFFICER: (SENATOR COLLINS) Do you wish me to -- okay, ehen 1111...

And I won't call any of mine.

PRESIDING OFFICER: (SENATOR COLLINS) Then I Will start at Senate Bill 1887. Senate Bill 1887. Senator Carroll.

Hold it, please.

PRESIDING OFFICER: (SENATOR COLLINS) Senate Bill 1890. Senator del Valle. Read the bill.

Senate Bill 1890. (Secrekary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator del Valle. SENATOR dEL VALLE: Thank you, Madam President. This bill got out of the Judiciary Committee on an Agreed Bill List. It has been amended to address some of the concerns expressed by few groups. And as far as I know, there is no opposition to the bill. The bill requires that a judgment debtor be given notice of a garnishment action and an opportunity to challenge the garnishment, prior to the seizure of his or her assets. The bill seeks to cure constitutional defects in the Illinois Garnishment Act. T ask for a favorable roll.

PRESIDING OFFICER: (SENATOR COLLINS) 168  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Further discussion? Senator Welch. SENATOR WELCH: . I have a question of the sponsor. I

PRESIDING OFFICER: (SENATOR COLLINS) He indieates he'll yield. I SENATOR WELCH ; Senator de1 Valle, if -- if a Woman has a judgment against her . husband for back child support, and finds that her -- her ex-husband has tWo thousand dollars in a bank account and files a garnishment against that bank, does she have to give her ex-husband notice so that he can withdraw that money from the bank?

PRESIDING OPFICER: (SENATOR COLLINS) Senator del Valle. SENATOR dEL VALLE: The bill does provide for notice prior to garnishment.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch.

Well, I would just point out that what youdre doing is - this is a deadbeat protection bill, because anybody who has a judgment I against them and has money in the bank, when the person with the judgmenk, including an ex-wife who is trying to collect child ! support, files a lien, files a garnishment against khat bank account, they have to tell the person, ''Heyz we're trying to get your money to pay child support. We're going to take that money unless you move it.' And Uhen if the person moves the money: there's nothing further that can be done. So what it does is allow for deadbeat husbands and deadbeat ereditors to avoid paying debts. I -- I don't think this is a good idea at all.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Madigan. l69  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 SENATOR MADIGAN: ! Thank you -- thank you -- thank you, Madam President. I rtse I on a point of personal privilege. PRESIDING OFFICER: (SENATOR COLLINS) : State your point, please.

Thank you. Visiting with us today in the visitors' gallery, and led by Roland Hoffman and Chairwoman Shirley Henry, are members and officials of the Tazewell County Republican Party, and if we could give them a warm welcomez it would be appreckated.

PRESIDING OFFICER: (SENATOR COLLINS) Will our guests please rise and be recognized by the Senate. Welcome. Further discussion? Senator del Valle, to close. Senator Luft. Senator Luft.

Point of personal privilege, since I represent part of Tazewell County. Did he say they were Republicans?

PRESIDING OFFICER: (SENATOR COLLINS) Yes. Senator de1 Valle, to close. SENATOR dEL VALLE: . I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 1890 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voked who wish? Have a1l voted who wish? Have al1 voted who wish? Take the record. On that question, there are 16 Ayes, 31 Nays, none voting Present. Having reeeived -- failed to receive the required constitutional majority, Senate Bill 1890 is declared lost. 'Senate Bill 1907. Senator Davidson. Read the bill, please.

Senate Bill 1907. l70  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992 (SecreEary reads'title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Davidson.

Madam President and Members of the Senate, khis is an agreed-upon bill between AFSCME and Central Management Services, dealing with the Workmen's Compensation Fund for the State of Illinois employees. I'd appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Senakor Keats.

Question of the sponsor, please.

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

We are setting up our own Workmen's Comp Fund, rather than buykng insurance? Could you explain thts to me? I'm reading the -- our description, and I'm left a little unclear as to exactly what's happening here.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Davidson.

If the Gentleman who wrote the analysis will come forward, I can answer that question. At the moment I candt.

PRESIDING OFFICER: (SENATOR COLLINS) Would you like to take the bill out of the record?

If We can come back to it. If not, we'll just go with it.

PRESIDING OPPICER: (SENATOR COLLINS) He's there. Senator Keats.

l7l  I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 If we'll take it out a second. Let me talk to him, because We can't quite -- we're having a hard time figuring out why We're setting up a special Workmen's Comp Fund in State. 1

PRESIDING OFFICER: (SENATOR COLLINS) You want to take it out of the record? Okay. Further discussion? Senator Davidson, ko close.

In answer to his question, the answer is No. I'd appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 1907 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have all voked who Wish? Take the record. On that question, there are 42 Ayes, 2 Nays, 1 voting Present. Having received the required constitutional majority, Senate Bill 1907 is declared passed. Senate Bill 1912. Senator Madigan. Read the bill.

Senate Bill 1912. . (Secretary reads title of bill) 3rd Reading of the bill.

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

Yeah. Thank you, Madam President. Senate Bill 1912, as amended, is a gutted bill, and I would request that we approve this bill, move it over to the House, so that the discussions can continue between the Department of Professional Regulation and the Realtors, in coming to an agreement on khis matter. Be glad to answer any questions.

PRESIDING OFFICER: (SENATOR COLLINS) Further -- further discussion? Senator Demuzio. j l72  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21# 1992 I SENATOR DEMUZIO: I ' Thank youy Madam Chairman -- I mean, Madam President. This is another vehicle bill, and seems to me that none of these vehàcles have any wheels anymore. I would just suggest that everybody just lay off and vote Present till we sort this whole thing out. Maybe tomorrow we'll have 30 votes and we'11 have a different game plan. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Jones. SENATOR JONES: Well, with those remarksy I think Senator Demuzio just took the words right out of my mouth. So no more vehicles. I just lost my fleet. PRESIDING OFPICER: (SENATOR COLLINS) Further -- Senator -- Senator Madigan, to close. SENATOR MADIGAN: Sounds like a good idea to me# Madam President. PRESIDING OFFICER: (SENATOR COLLINS) You want to take ik out of the record? SENATOR MADIGAN: ' No, wepll vote on it. PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 1912 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted Who wish? Have a11 voted who wish? Take the record. On that -- on that question, there are 31 Ayes, 4 Nays, 13 Presents. Having received the required constitutional majority, Senate Bill 1912 is declared passed. Senate Bill 1925. Senator Luft. Read the bill. SECRETARY HAWKER : Senate Bill 1925. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR COLLINS) 173 2. ' I STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992 Senator Luft. ' SENATOR LUFT: Thank you, Madam Presldent. This is not a vehicle bill. Last year when we passed the five-percent cap on property tax ! extensions - - in dealing with park districtsz itfs my I understanding that it was not properly defined to the point where they could include their debt payment for that extension -- or 2 exclude, I'm sorry, the payment for that debt extension in the 1 five -- for the five-percent cap thks year. Want to make a couple points. This does not allow park districts to issue nonreferendum debt outside the tax cap. And it truly just, I believe, gives tbe intent of what last year's five-percent tax cap did. To further explain this bill and to give it more credence, I would like to ask His Eloquence, Senator DeAngelis, to comment on Senate Bill 1925 also. PRESIDING OFFICER: (SENATOR COLLINS) Senator DeAngelis. SENATOR DeANGELIS: Well, last year When we passed the Tax Extension Limitation Aat, we inadvertently preempted a group of people - the park district people, namely-fromusin:theiraggregatelevyasthe basis for determining the cap . Ik was the intent of this Body to ' 1 permitthemtodothat. Thisbillsimplycorrectsthakerrorthat 1 we made last year. And 1et me point out two things, because there 's been some misrepresentations on this bill: one, this bill does not allow them to raise their levy more than five percent. It is still within the cap. And number two: it allows them to include in there the rollover bonds that theydve had previously, as part of that levy. If we do not allow them to do this, What ! you will have is a significant reduction of the levies of park districts, and what you Will force them to do is use what their -- are their ordinary expenses to handle the bonds that are ouk there 174  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 already. And I Ehink for those of you who may have heard from park districts in the capped areas, youdll find out that they have l had levies that have been down thirty, forty percent, because the legal community has not accepted what we thought We had done in that bill, and that ise they Will not allow them to include those rollover bonds as part of the aggregate base.

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

Thank you -- thank you, Madam President. To either of the sponsors, I'd like to ask a question.

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

Senator Luft, Senate Bill 1925 -- looking at the analysis that the staff has provided for us -- I don't know if you have gotten a copy of it; I know that Senator DeAngelis has. I'd like to use the example, if what Senator DeAngelis is saying is correct: for example, if -- let's assume that the voters in a park district approve a ten-year bond issue to build a new golf course and the annual debt service is l.2 million. When the bond is fully paid off -- the park districts want to be able to do is continue to spend that 1.2 million each and every year, plus five percent a year growth withouk a referendum, even though the voters had only approved that expenditure for a specific purpose, which has now been complete, and they have now satisfied the original purposes. Is this correct?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Luft. Senator DeAngelis. SENATOR DeANGELIS: Yes, Senator Dudycz, but let me warn you about one thing. If you vote No on this bill: they Will not be able to make the I l75 I I I STATE OF ILLINOIS ' 87th GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 payment for the first year. If you -- if you vote No on this bill, they will not be able to make the payment on the first year. Now khak privilege that you just described is given to every unit of government currently under the tax cap. So it's not anything different than what we currently have under the tax caps. PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz. SENATOR DUDYCZ: They dre -- they're trying to make the restoration of park district nonreferendum bonding authority of -- to continue. Isn't that correct? I mean, that's al1 theyfre really trying to do, is just to be able to continue to -- to have their nonreferendum bonding authority -- welly according to their Legislative Action Bulletin that the park districts put out: that's what they lre sayinq. PRESIDING OFFICER: (SENATOR COLLINS) Senator -- Senator DeAngelis. SENATOR DeANGELIS: ïes, Senator Dudycz, khose bonds have been issued - yes. And what -- they have a peculiar thing called a rollover bond. So tbat bond keeps coming up every year - the amount of the debt service. They haven 'k paid it off. I mean, maybe I'm misunderstanding your question. PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz. SENATOR DUDXCZ: No, Madam -- no, Senator, you don't misunderstand my question, I don't think. I think that the Collar County tax cap laW that passed last year is less than a year old. The Governor Wants to see it Work before we make any changes or any exemptions. I think what you 're doing is trying to create some sort of precedence which Will have other governments trying to give an exemption for l76  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 themselves also . We recognize the dilemma that our park districts are facing, but allowing them to continue their levies on bonds that are paid off and adding a five-percenk-per-year growth without a referendum is contrary to what tax caps were intended to do. The Governor remains opposed to this -- to this bill. The Department of Revenue is firmly opposed to it, and I think that we should just defeat the bill. PRESIDING OFFICERt (SENATOR COLLINS) Senator Rock. Further discussion?

Thank you, Madam President. rise in stron: support of this bill, and I would just point out this is one of many: many, many that you're going to see in the ensuing months. Because as soon as you do mischief, as we have done With the imposition of arbitrarily imposing caps, you got to unravel it, because the local governments can't make it. I'm going to vote Aye. What We ouqht to do is be repealing the caps.

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

Question of the sponsor.

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

What you are apparently attempting to continue is, I tbink, fifky-seven centsl worth of nonreferendum bonds. Is that basieally what wedre talking about?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Dehngelis. SENATOR DeANGELIS: Senator Rigney, al1 we are talking about - and I can't make it any clearer - is that if somebody had a levy of a dollar last year l77  1 . I STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 which included in it fifty-seven cents of those bonds, they're permikted to levy a dollar-five this year: not forky-two cents. And you lre pointing out precisely to what the problem is. In I fact: in Senator Philip 's district, there is a -- a park district i who's had exactly the problem youdre talking about in Dupage I County: because they had to take out a11 of their bonds -- the money in there for the bonds from the previous year. They could not reissue that levy.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Rigney.

Well, Madam PresidentrI've neverbeenoverly impressed with 1 . nonreferendum bonds. I don't know really when this practice started inStatelaw. I1mnotanauthorityonthatsubject. But j i what we're being asked to do is to continue this thing. And if we have taken the steps to end it, I think perhaps this is what should happen. If it -- if khe park districts truly feel that they need more money in their corporate levyr it seems they ought to come in with legislation to establish that. NoW admittedly , their corporate levy is rather low. In fact, I think itls only ten cents on a hundred. But it seems to me that's a more logical way to go about this, like other units of government do: rather than to have this free bonding power.

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

Thank you, Madam President. I just want to ask either Mr. Eloquence or Mr. Eminence a question - whoever. A lot of park diskricts in my area, like Hickory Hills, Palos and others, that fall within Cook County, have Written and say to support this bill. But it's my understanding that this does not pertain to Cook County, and these park districts fall within Cook County. So i I 178  ! i STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2ly 1992 am I correct to assume that -- like Hickory Hills and all these other suburban areas, Palos, within my community, are not affected by Senate Bkll 1925, but only the Collar Counties that are l affected, their park districts? I PRESIDING OFFICER: (SENATOR COLLINS) I Senator DeAngelis. SENATOR DeANGELIS: ïes, and the reason that they 're writing you is because Senaeor Dudycz's bill, Which I did support, if it Went into effect, would affect them in the manner that they described in their letter to you.

PRESIDING OFPICER: (SENATOR COLLINS) Furkher discussion? Senator Fawell.

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

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

I understand I'm not too brightz but I Would -- I have a distràct kn my -- a park district in my district that went out and bought a golf course for eight and a half million dollars with these bonds. They have now paid *he golf course off. They would like to continue buying things, sucb as wave pools, which they spent fourteen and a half million dollars on last year. They got another pool they Want to build up on -- on another park. What you are saying is, rather than having them go to referendum , they should be able to continue this, which is what they have done in the past. Those are the rollover bonds that we're talking about.

PRESIDING OFFICER: (SENATOR COLLIXS) Senator -- Senator DeAngelis. SENATOR DeANGELISI Well, I can't make it any simpler than this. If they paid l79  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TZANSCRIPT l08kh Legislative Day May 2le 1992 those off, their levy vent down. The only thing they aan do in their next levy is increase it by five percent. They are not I allowed to issue the eight and a half million dollars in perpetuity. Let me repeat: This bill simply allows them to raise their levy five percent - max. That's it. And included in thak levy are a1l the elements that are included in everybody else's levies. And 1et me also point out to you one thing - why this bill is extremely critiealz as opposed to other units of government. The park districks are the -- one of the very few units of government that are dependent almost a hundred percent on property taxes. ïou have other units of government that have been capped, that have sales tax, motor fuel tax, other taxes. And they are also capital-intensive. They're not labor-intensive. And God forbid, if we go what Rigney goes, al1 we're going ko do is get them to increase their payroll, 'cause that's the only way they can turn around and increase their levy. PRESIDING OFPICER: (SENATOR COLLINS) Senator Fawell. SENATOR PAWELL: A1l right, I got another park district. Another town. Just before this cap Went in, they went out and bought twelve million dollars' worth of bonds. Not sure why they're going to use them: but they want to have the money in the bank just in case. Now, that happens to be another town in my district. Are you saying because they have the twelve million dollars theydre still -- that they still have available, that they can continue rolling over this twelve million? Because khey haven't started paying them off yet. . PRESIDING OFFICER: (SENATOR COLLINS) Senator DeAngelis. SENATOR DeANGELISI You've got an awfully weàrd district, Senator Fawell. I got I 180  STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 to tell you, if somebody issued twelve million dollars' Worth of bonds with -- for no purpose whatsoever, khen you got a hell of a case to doing something to them besides this bill. That's the only thing I can answer.

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

I think this is an idea whose time has not come. I would tend to agree wkth b0th Senator Rigney and Senator Rock: These nonreferendum bonds are perhaps the greatest single abuse of the taxpayers in this State. Many cases they dre used to fund things that could not conceivably receive voter approval. Wave pools: water slides, an incredible array of things, at a time when most units of government are tryinq to cut back and help the taxpayers. This is absolutely the most flagrant abuse of the taxpayers' money that I'm aware of anywhere in government today in Illinois. And anything we can do to bring it under control, we ought to. In some cases, they actually use these things to fund things that have been rejected by the voters, or attempt to. I think this bill deserves to go down. And Senator Rock is absolutely right. This is the first step in unraveling tax caps. If you believe in the concept of controlling property tax rates, you canît vote for this bill. If this bill passesz the General Assembly is saying, ''We were only kidding about controlling property taxes. We weren't serious.'' How do we let this thing qo through for wave pools and water slldes and say no to education? I donlt think we will. If you believe in controlllng property taxes, this bill has to go down. I

PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman.

Thank you, Madam President. On a point of personal privilege. 181  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992

PRESIDING OFFICER: (SENATOR COLLINS) State your point.

In the gallery to the rear we have students and Mrs. Norman from the Kilmer School in the Rogers Park community of Chicago. Welcome to the Senate.

PRESIDING OFFICER: (SENATOR COLLINS) Will our guests please rise and be recognized by the Senate. Welcome. Further discussion? Senator Luft or DeAngelis, to close. Senator Luft.

o. . tmachine cutoffl... Request a favorable roll call, please, Madam.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 1925 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a1l voted Who wish? Have all voted who Wish? Take the record . On that question, tbere are 36 Ayes, 16 Naysy l voting Present. Having received khe required constitutional majority, Senate Bill 1925 is declared passed. Senate Bill 1930. Senator Welch. Senate Bill 1931. Senator Welch. Read the bill, please.

Senate Bill 1931. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch.

Thank your Madam President. What 1931 does is exactly what's on the Calendar. It has the Environmental Protection Agency study the feasibility of a nonhazardous waste landfill permitting system l82  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2lz 1992 that's somewhat different than the existing system. This would be a three-tiered landfill system, but it's basically a study. I would be glad to answer any questions. '

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question ise shall Senake Bill 1931 pass. Those in favor will vote Aye. Opposed, Nay. The voting is : I open. Have all voted Who wish? Have al1 voted who wish? Take 1 the record. On that question, there are 54 Ayesz no Nays, 1 voting Present. Having received the required constitutional majority, Senate Bill 1931 is declared passed. Senate -- top of page l2, Senate Bill 1935. Senakor Luft. Read the bill, please.

Senate Bill 1935. (Secretary reads title of bill) 3rd Reading of the bill. i I PRESIDING OFFICER: (SENATOR COLLINS) i senator Luft. I

Thank you, Madam President. Senake Bill 1935 is very simple. It amends the State Revenue Sharing Act. Presently, all revenues coming into the General Revenue -- a1l revenues generated by the income tax and sales tax are deposited in the General Revenue Fund. What we're trying to do here is to segregate that one-twelfth going to local governments in a segregated account, as we have the income -- income tax refund accounts. Por the last two or three months, the local governments have been receiving their payments late. This is an attempt to have their funds put directly into a special account that will be distributed to the local governments in a timely fashion.

PRESIDING OFFICER: (SENATOR COLLINS) Discusslon? Dlscussion? If not, the question is, shall Senate Bil1 1935 pass. Those in favor will vote Aye. Opposed, ! ! I 183  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 i Nay. The votîng is open. Have a11 voted Who Wish? Have all i voted who wish? Take the record. On that questionz there are 55 Ayes, 1 Nay, none voting Present. Having received the required constitutional majority, Senate Bill 1935 is declared passed. Senake Bill 1939. Senator Demuzio. Senate Bill 1941. Senator Hudson. Read the bill, Madam Secretary.

Senate Bill 1941. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hudson.

Thank you, Madam President. Senate Bill 1941 amends the Carnival and Amusement Ride Safety Act, to provide for impoundment for investigative purposes of a ride or attraction if its operation causes death or serious injury. Now by amendment, as of yesterday, we attempted to satisfy those that had certain concerns relevant to penalties and so forth involved in this procedure. I know of no opposition at the moment, as this bill was amended - we tried to satisfy those concerns - and would urge your support.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall Senate Bill 1941 pass. Those in favor will vote Aye. Opposedg Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1941 is declared passed. Senate Bill 1942. Senator Hudson. Read the bill, please.

senate Bill 1942. (Secretary begins to read title of bill) 184  STATE OF ILLINOIS 87th GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hudson. Do you wish to call the bill?

Thank you, Madam President. Senate Bill 1942, as amended, deletes the requirement that an organization serving or represented -= representing the hearing-impaàred be Statewide to receive a telecommunications deviee for the deaf, known as TDD, under a program authorized by a certain Section of the Public Utilities Act. This bill, as amended, extends the TDD distribution program to approximately kwelve local centers for independent living. There's no fiscal impact to this bill. It's grouped by any -- it's sponsored or approved by any number of groups that represent the deaf -- deaf. And details have been worked out With the assistance of the Illinois Telephone Association and Illinois Telecommunications Access Corporation. Know of no opposition. Would urge a positive vote.

PRESIDING OFFICER: (SENATOR COLLINS) Gentleman has moved passage of Senate Bill 1942. Discussion? Senator Priedland.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR COLLINS) Indicates hedll yield.

Senator, is this your -- the last Senate bill you're handling in your career?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hudson.

This could be the last one, Senator. I'm -- I'm eager to get it passed so I can surpass your record. 185  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY l REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 PRESIDING OFFICER: (SENATOR COLLINS) On that -- on that -- on that note: WAND-TV requests permission to shoot some videotapes. Is leave granted? Leave is granted. We'd like to get Senator Hudson on the camera before we -- while he's handling his last bill. Senator Hudson. SENATOR HZDSON: What is it you're requesting of me, Madam President? PRESIDING OFFICER: (SENATOR COLLINS) Wanted to make sure you got on the video. To close. Senator Hudson, to close. SENATOR HUDSON: Well, simply to ask a favorable vote here, Madam President and colleagues in the Senate. I would -- I would appreciate an Aye vote on this momentous bill. PRESIDING OFPICER: (SENATOR COLLINS) The question is, shall Senate Bill 1942 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 54 Ayes, l voting Nay, none voting Present. Having received the required constitutional majority, Senate Bill 1942 is declared passed. Senate Bill 1943. Senator Macdonald. Read the bill, please . SECRETARY HAWKER : Senate Bill 1943. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Macdonald. SENATOR MACDONALD: Thank youe Madam President. This bill amends the Public Utilities Act, and it provides that the Commeree Commission shall reevaluate certificates of public convenience and necessity for 186 l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' 108th Legislative Day May 2l, 1992 . construction of new electric generating facilities every three i yearsy rather than every two years. It will avoid some duplication. It is an administration bill, and I ask for your I favorable vote. I PRESIDING OFFICER: (SENATOR COLLINS) I Further discussion? If notz the question is, shall Senate Bill 1943 pass. Those in favor wl11 vote Aye. Opposede Nay. The voting is open. Have a1l voted who Wish? Have all voted Who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1943 is declared passed. Senate Bill 1945. Senator Woodyard. Senate Bill 1946. Senator Schaffer. Read the bill. SECRETARY HAWKER : Senate Bill 1946. (Secretary reads title of bill) 3rd Reading of khe bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Schaffer. SENATOR SCHAFFER: Members of the Senate, this bill would allow the terms and conditions set forth in the Emergency Budqet Act of 1992 for the Department of Aging to continue beyond the expiration date of July 19 -- July 1st, 1992. Those terms specifically allowed -- or narrowed the definition of clients that were going to be reimbursed for one of the State programs for Alzheimerfs. As part of our continuing budget crisis, it seems only prudent to continue those exemptions. PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? If not, the question is# shall Senate Bill 1946 pass. Those in favor Will vote Aye. Opposed, Nay. Tbe voting is open. Have a1l voted who wish? Have all voted who ; 187 I  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 wish? Take the record. On that question, there are 54 Ayes, no Nays, l voting Present. Having received the required constitutional majority, Senate Bill 1946 is declared passed. WISC-TV <sicl has request permission to videotape the proceedings. Is leave granted? Hearing no objections, leave is granted. Senate Bill 1947. Senator Rigney. Read the bill, please.

Senate Bi11 1947. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Rigney.

Madam President, this piece of legislation is making amendments to the Ag Law and to some other meat and poultry inspection procedures. It came from that division within the Illinois Department of Agriculture. It is a Department bill. What it provides for is a series of monetary penalties for those who are in violation of various parts of the Meat and Poultry Inspection Act: the idea being that a series of penalties is perhaps a better alternative than always to reject a license. I know of no opposition. It came from the committee unanimously.

PRESIDING OPPICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall Senate Bill 1947 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted Who wish? Have al1 voted who wish? Take the record. On that question, there are 55 Ayese no Nays, none voting Present. Having received the required constitutional majority: Senate Bill 1947 is declared passed. senate Bill 1948. Senator Karpiel. Senate Bill 1949. Senator Schaffer. Read the bill, please.

188  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21# 1992 Senate Bill 1949. i (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPFICER: (SENATOR COLLINS) Senator Schaffer. SENATOR SCHAPFER: This Act does a couple of things. The most important thing it does is reduce from seven to five the number of years before unclaimed property can be elaimed by the Department of Financial Institutions and transferred into the various pension funds. This one-time change will generate between forty-two million and fifty-three million dollars for our badly underfunded pension funds, and is a very desperately needed one-time shot in the arm for pensions. It's my sincere hope that this bill and the revenue it generates will now and forevermore be linked to funding our pension systems. There Was some controversy about some of the additional language that the Department of Financial Institutions had worked out - or put in the bill. The amendment that we placed on the bill was after a considerable amount of negotiations between the Department of Financial Institutions and several groups, including the Illinois Bankers, the Community Bankers, khe League of Savings Institutions, the Credit Union League and the Corporate Piduciaries. As a result of that amendment, I believe we've removed all of their opposition. Yesterday I Was notified that 1RMA would Iike to continue to work on the bill in the House. Apparently, they become involved Witb funds that are not claimed when people put money down on layaway products in stores. I indicated to them that we would be happy to work with them as the bill moves throuqh the House. Again though, the principal thing we 're trying to do here is to put some forky to fifty million dollars into the badly underfunded pension systems of the State. And then, with those caveats, I'm unaware of any problems with the 189 l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 bill.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is: shall Senate Bill 1949 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1949 is declared passed. We skipped Senate Bill 1948. Senator Karpiel's vieg was blocked at the time, so we'll go back to 1948. Senate Bill 1948. Read the bill.

Senate Bill 1948. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Karpiel.

Thank you: Madam President. This bill is proposed by the Illinois Department of Nuclear Safety. The purpose of the legislation is to adjust fees on the nuclear reactors to support the Low-Level Radfoactive Waste Disposal Facility Project. It's been agreed to by a11 parties, and I ask for your Aye vote.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall Senate Bill 1948 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, khere are 56 Ayese no Nays, none voting Present. Having received the reguired constitutional majority: Senate Bill 1948 is declared passed. Senate Bill 1955. Senator Woodyard. Read the bill, please.

l90  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21g 1992 Senate Bill 1955. (Secretary reads tikle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Woodyard.

Thank you, Madam President, Members of the Senate. Senate Bill 1955 is the result of several months of discussions by the Department of Conservation and a lot of sporting groups over the State. creates the habitat stamp and also certainly the Habitat Endowment Fund. This Fund will eventually -- or the hopes of this Fund will reach about ten million dollars over a period of a feW years. They will be able ko accept donations, contributions from corporations and foundations. The habitat stamp itself will be -- you'll have to purchase that stamp at a five-dollar cost for your hunting license. That: in itself, Will create about a million a million three hundred thousand per year, which will be used to expand, acquirez create habitat for a11 of the sporting groups. Last Winter several of the sporting groups had approached us to create their oWn stamps. As you Well know, we presently have the furbearing stamp and the pheasant stamp. The quail people wanted their own stamp. The rabbit people wanted their own stamp. The squirrel people were talking about their own stamp. And We felt advksable to -- to not have so many skamps, but rather one stamp for all habitat. I can tell you certainly that Pheasants Forever people are not in support of this bill. But other than that, Ehat's the only group that I know of that arendt. They feel that they Would lose their identity, although we have assured the group that they will capture as much money - probably more - for pheasant habitat than what they have in the past under this bill. The bill was also amended to be sure that none of the land could be acquired through eminent domain or condemnation. 19l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION I SENATE TRANSCRIPT 108th Legislative Day May 21r 1992 i i And so that certainly is preserved. That 's what the bill does, l : and I would appreciate your support.

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

Thank you, Madam President. The sponsor, I might add, did a very effective job of explaining this bill. There are a couple things, though, I think, that needs to be pointed out. There are those, including Pheasants Forever, who do not feel that they will get more money. They feel that they will definitely get less money. Also, there is some concern - maybe not by the Association per se - but there is some concern on behalf of the furbearers, some of them themselves with any organization, that their stamp and the Pheasants Porever stamp has been removed, while we have kept the waterfowl stamp, and that is a question that was raised. And -- and we do know that the Director is a tremendous waterfowl Person, and there is some concerns as to this being done this way. I don't know if I have any real qualms against the legislation or not, but I just Would like to ask the sponsor whether or not Pheasants Forever was -- they were supposed to come forward with a recommendation. Did they ever do that?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Woodyard.

Not -- not to my knowledge. There was -- I had understood that there Was to have been an amendmenk proposed. I don't think it Was proposed. I have not seen any amendment that they might have brought Eorth.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Woodyardz to close.

I just ask for a favorable roll call. I l92  STATE OF ILLINOIS 87th GENERAL ASSEMBLI REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2ly 1992

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 1955 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none votànq Present. Having received the required constitutional majority, Senate Bill 1955 is declared passed. Senate Bi11 1956. Senator Rigney. Read the bill, please.

Senate Bill 1956. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Rigney.

Well, Madam President, apparently there is some folks that will make an agreement with our oWn Illinois Department of Revenue for payment of back taxes, and then will 'issue rubber checks to cover them. And one of the things that's provided for in this piece of legislation is that there must be some type of a guaranteed remittance anytime three or more bad checks are issued within one twelve-month period. Also, for those who are electronically filing, this particular bill makes this -- the presumption that there is a signature on file for a remittance. Okherwise, if you didn't have that presumption, you'd have to go back to the taxpayer and secure that, and the Department would like to be able to cut that process shork. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If notr khe question is, shall Senate Bill 1956 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Take the 193  1 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 record. 0n that question, there are 53 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 1956 is declared passed. Senate Bill 1965. Senator Palmer. Read the bill, please.

Senate Bill 1965. (Secretary reads kitle of bill) . 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Palmer.

Thank you, Madam President and Members of the Senate. Senate Bill 1965, as amendedz is supported fully by the Department of Public Aid, and is, in fact, their recommendation. It authorizes khe Department of Public Aid to seek from the appropriate federal agencies a waiver of the rule that a stepparent's income be counted ko decrease or deny assistance unit. The Department of Public Aid shall report its efforts to the General Assembly no later than March 31st, 1993. This merely seeks a waiver that would, in facty encourage women on AFDC to get married. It is the first of a number of initiatives that I Will Work on With the Department of Public Aid and other groups to remove policies that keep welfare recipients from becoming self-sufficient. I know of no opposition, and there is no fiscal impact. I ask for an Aye vote.

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

Thank you, Madam President. I Wanted to rise in support of this bill. For my colleagues who are reading the analysis, turn to -- turn over to the amendment page. The Department has been working with the sponsor. She's been kind enough to put together l94  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 an agreed amendment, and really is going in the correct direction of what we doy frankly, to quit having a public aid system that guarantees that people won 't get married and that children will not be in two-parent families. It's really a good first stepz and I commend the sponsor, and hope we get moving on

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

Yes, Madam President and Ladies and Gentlemen of the Senate, the problems that we had with this bill ln committee have really been taken care of by the amendments. It's reakly a good first step in what seems to be an onWard program of Senator Palmer's, and I think We should help her along with this.

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

Question of the sponsor.

PRESIDING OFFICER: (SENATOR COLLINS) She indicates she will yield.

According to the analysis, the amendment is an agreement between you and Public Aid which removes any fiscal impact now. What happens for the future? Earlier it said it could be costing twenty millions more per year if this waiver was received. If they apply and get it# what are you going to have *he financial obligation to Public Aid's budgets next fiscal year?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Palmer.

Senator, this does not affect the next fiscal year. This merely seeks a waiver. That's a1l it seeks. l95  STATE OF ILLINOIS 87th GENERAL ASSEMBLY : REGULAR SESSION SENATE TRANSCRIPT I 108th Legislative Day May 2l: 1992 I i PRESIDING OFFICER: (SENATOR COLLINS) j Senator Davidson. Senator Palmer, to close. SENATOR PALMER: i Thank you. I ask for a favorable vote. PRESIDING OFFICER: (SENATOR COLLINS) i The question is, shall Senate Bill 1965 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On that I I question, there are 53 Ayes, 3 Nays, none voting Present. Having i received the required constitutional majority, Senate Bill 1965 is i I declared passed. Senate Bill 1970, on the Recall List. Senate i Bi11 1971. Senakor Schaffer. Read the bill, Mr. Secrekary. i END OP TAPE I I TAPE 5 ACTING SECRETARY: (MR. HAQRY) Senate Bill 1971. (Secretary reads title of bil1) . 3rd Reading of the bill. PRESIDING OPPICER: (SENATOR COLLINS) Senator Schaffer. Senator Schaffer. SENATOR SCHAFFER : Madam President, this bill affects only the Collar Counties, and would require the -- several school districts within the Collar Counties to notify the municipal or county authorities that issue building permits for residential homes when that school district is at capacity, and to advise the respective municipal or i eounty authorities of the financial impact of additional growth on i . 196 I ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 that school district. When I talk about residential homes, I am referring to single-family homes, multi-family apartment buildings, townhouses, condos, trailer parks, et cetera - places I where people reside. We have rapid growth in our area, to say the l least, and it's somewhat frustratin: to many of us that the -- : it's impossible to expand a city if you don't have the sewer' capacity; theylll stop you dead in your tracks. But there isn't a whole 1ot of thought about the educational capacity. And this is I I not a mandate on the citîes. There is a public hearing I requirement, but that hearing can be part of a regular school i board meeting. I've worked with my area superintendents who are supportive of the concept. And I think the idea has merit and will be benefieial in the orderly and responsible development of i that part of the State. ; PRESIDING OFFICER: (SENATORCOLLINS) j Further discussion? If not, the question is, shall Senate Bill 1971 pass. Those in favor will vote Aye. Opposed: Nay. The voting is open. Have al1 voted who wish? Have a1l voted Who l wish? Take the record. On that question, there are 57 Ayes, no j Naysy none voting Present. Havln: received the required 1 constitutional majority, Senate Bill 1971 is declared passed. Senate Bill 1976. Senator Luft. Senate Bill 1977. Senator Luft. Senate Bill 1979. Senator Hawkinson. Read the bill, please. ACTING SECRETARY: (MR. HADRY) Senate Bill 1979. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Hawkinson. E SENATOR HAWKINSON: . Thank you: Mr.President.Thisisabillproposalbroughtto 1 us from khe Chicago Bar Association. It is an attempt to permit ! 197  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 alternative service, essentially on defendants who intentionally evade service of process, whether it's by being in a building that ! is -- has security at the front door in which they've instruceed them not to let any process servers in. It allows deadbeat dads and other debtors to avoid service of process. There were some questions in committee and we amended the bill on the Floor to satisfy the specific objections that had been raised, one by the chairman as to substitute service on a non-family member. That's been deleted from the bill. And *e alsdy in the amendment, provided a safequard that a statement Would have to be filed showin: that there had been a qood-faith effort to make the service. The bill also requires that the court must review the situation before authorizing any alternakive service, and it would not, for example, authorize publication where personal service is presently required. There is still opposition to the bill from the Legal Assistance Foundation. Chicago Bar Assockation, through Larry Suffredin, has indicated a continued willingness to talk with them and try and resolve their difficulties. But the bill has been amended, and I Would ask -- be happy to try and answer any queskions, and ask for passaqe of Senate Bill 1979.

The Gentleman has moved passaqe of Senate Bill 1979. Discussion? Senator Thomas Dunn.

Thank you, Mr. President. I just want to speak to the bill for a second, if I may. One of the safeguards that's involved in a court action is the fact that there must be personal service on an individual. And What we are now doing is we 're lessening that to a degree, and welre putting in khe hands of a judge the decision-makinq, whether or not an individual has made a good-faith effort on service. And I really see a problem here, and 1 see an increase in the number of services that are going to ' l98  I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legtslakive Day May 2l: 1992 be allowed in this manner. I think it circumvents a longstanding guarantee, and I don't think this is the best form this bill could I be in to achieve its goal.

Further discussion? Senator Fawell.

Thank you very much. I had a case in my district where an ex-husband and a father of four children were living with his girlfriend, and he made darn sure every time anybody came to serve a summons on him, that she answered the door and he was never there. I think these are the kinds of cases that can be avoided in the future if we can allow this kind of service. And I think it's an excellent step in the right direction.

Further discussion? Senator Hawkinson, you wish to close? SENATOR HAWKINSONI Thank you, Mr. President. Just again to relate that the amendment does require in the affidavit a specific statement showinq that reasonable efforts to make service have been unsuccessful. I would ask for an Aye vote.

Question is# shall Senate Bill 1979 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A11 voted who wish? Have all voted who wish? Have a1l voted Who wish? Take the record. On that question, there are 52 Ayes, 3 Nays, none voting Present. Senate 9ill 1979, having received the required constitutional majority, is declared passed. Senator Ralph Dunn. 1980. Read the bill, Mr. Secretary, please.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 1980. (Secretary reads title of bill) 3rd Reading of the bill. l99  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 l

Senator Dunn.

Thank you, Mr. President and Members of the Senate. Senate Bill 1980 simply provides that school districts that Would not 1 otherwise be on the State Board of Education's financial watch list, were it not for the State's funding shortfall, why theysd be designated as such on the list. This is requested by the superintendent of my district, and been signed off on by the State Board of Education. Be glad to answer your questions.

Discussion? If not, the question is, shall Senate Bill 1980 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting 's open. Have a11 voted Who Wish? Have al1 voted Who Wish? Have al1 voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 1980, having received the required constitutional majority, is declared passed. 1983. Senator Severns. It's on the Recall - I'm sorry. 1986. Senator Welch. Mr. Secretary, read the bill, please.

ACTING SECRETARY: (MR. WAQRY) Senate Bill 1986. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Welch.

Thank you, Mr. Presidenk. What this does is affeck basically the garnishment Acts. What it says is that when you are garnishing a bank or garnishing for wages, you can serve the employer or the bank by certified mail. Currently the Statute requires service by the sheriff. The eventual outcome is that the cost of the sheriff qoing out and serving the papers on either the 20û  STATE 0P I>LINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 bank or ehe employer is borne by tbe debtor. What this allows is that a -- it -- it would be much less expensive and the costs would probably be reduced by about -- from about fifty dollars, in some instances in my county, to about eight dollars. I'd be glad to answer any questions. PRESIDENT ROCK: Discussion? Any discussion? If not, the question is, shall Senate Bill 1986 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A11 voted Who wish? Have a1l voted who wish? All voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 1986, having received the required constitutional majority, is declared passed. 2001. Senator Watson. 2002. Senator Weaver. 2003. Senator Etheredge. 04. 05. Top of page l4. 2006. Senator Schaffer. 2007. Senator Schaffer. 2008. Senator Etheredge. 2009. Senator Etheredge. 2010. Senator Etheredge. 2011. Senator Schaffer. 2012. Senator Etheredge. 2013. ' Senator Etheredge. 2014. Senator Donahue. 2015. Senator Weaver. 2017. Senator Topinka. I'm going to make you work anyway, that's right. That's right. 2019. Senator Etheredge. 2020. Top of page 15, 2021. 2022. Senator Maitland. 2023. Senator Etheredge. 2024. Senator Etheredge. 2025. Senator Etheredge. 2026. 2027. 2028. Senator Donahue. 2029. Senator Etheredge. 2030. Senator Schaffer. 2031. Senator Weaver. 2032. Senator Watson. 2033. Senator Watson. 2034. Senator Etheredge. 2035. Senator Fawell. 2036. Senator Maikland. 2037. Senator Maitland. 2045. Senator Collins. Once called: it's over. You know what I mean? Read the bill, Mr. Secretary, please. ACTING SECRETARY: (MR. HARRY) Senate Bill 2045. (Secretary reads title of bill) 3rd Reading of the bill. 20l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2le 1992 PRESIDENT ROCK: I i Senator Collins.

Yes. I thank youz Mr. President and Members of the Senate. Senate Bill 2045 is an attempt to get at those hard-to-close-down i I dru; houses in Our Communibyy and What it doese it tighten up Some 1 1 of the loopholes in the exlsting -- under the existing nuisance abatement laws, and it creates another Section that's called habitual nuisance to get at those unscrupulous landlords who use their property for the sale of drugs. And -- and I Would be happy to answer any questions. This btll has been amended since it came out of committee. It took out all of the objectionable language l : as it relates to *be distribution of the funds that were in this bill at the time: and I think it -- it took out the experimental program that we had for -- targeted for the City of Chicago. I would be happy to answer any questions. If not, I Would just ask for a favorable roll call.

The Lady has moved passage of Senate Bill 2045. Discussion? Senator Geo-Karis.

Will the sponsor yield for a question?

Indicates she will yield, Senator Geo-Karis.

Your bill oriqinally would have penalized innocent landowners and innocent landlords. Now have you done anything to clean that up? Because if you did not, I -- I don't think your bill would be fair.

Senator Collins.

202  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21. 1992 Senator, I we you must have the wrong bill. The bill that I have would never, ever have penalized a innocent landlord, and we did take out the -- whatever objections that were raised in committee, we did take out and that amendment took it out.

Further discussion? Senator Geo-Karis.

If I recall this bill, I believe We heard it in committee in Judiciary. At the time, we questioned the fact that it was open as to an innocent landlord. And you still haven't answered me as - - as to whether your amendment covers iE. I'm trying to find out whether it does, because I can't seem to find any.

Senator Collins.

Senator Geo-Karis, actually this bill protects landlords, in the sense that if the bill -- if the landlord has made good-faith efforts to abate their property, as determined by a judge, then if that property is, in fact, continues to be a nuisance and it falls under the habitual nuisance category and that property have to you have to forfeiture the right to the property, the proceeds of it will go back to the landlord themselves. So it does not penalize. In fact, it's a little more lenient in that respect.

Senator Geo-Karis.

In our analysis it says that in allowing the forfeiture under this subsection of your bill, the owner's good-faith attempts to prevent the nuisance are irrelevant. Well, if theydre irrelevant, then you 're not taking into consideration that there may be an oWner in good faith.

203  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 o .. tmachine cutoffl...discussion? Senator Keats.

I can appreciate there's some concern on the bill, but -- for a moment you have to remember you are not dealing with four-hundred-thousand-dollar homes in suburban neighborhoods. These are landlords who, in most cases, have alloWed these houses to become crack housesz have become bliqhts in neighborhoods. These homes are damaging the value of the property around them, makin: the parks unsafe. Remember, you are not dealing with well-kept-up, nicely-maintained homes. These are landlords who, if they have not simply done nothing, have certainly not done a great deal to try and maintain their properties and to keep the drug houses out. I don't think Senator Collins is being unreasonable. The bill Ray be tough, but it is not unreasonable. These are not people Who are doing much to benefit their neighbors or maintain their property.

Further discussion? Purther discussion? Senator Collins, to close.

Thank you. I would just ask for a favorable roll call.

Question is, shall Senate Bill 2045 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have a11 voted who wish? Have al1 voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On Ehat question, there are 46 Ayes, 8 Nays, none voting Present. Senate Bill 2045, having received the required constitutional majorityp is declared passed. Senator Mahar. 2048. Mr. Secretary, read the bill, please.

ACTING SECRETARY: (MR. HARRY) Senate Bill 2048. ! ! 204  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108eh Leqiskative Day May 2le 1992 (Gecretary reads title of bil1) 3rd Reading of the bill.

Senator Mahar.

Thank you: Mr. President. This bill was brought to me by the Civic Center in my hometown of Orland Park, and what they wish to do is -- is to get a bingo license and cosponsor bingo nights with charities in -- in my community, and this legislation would allow them to do that.

Discussion? Any discussion? If not, the question is# shall Senate Bill 2048 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. All voted who wish? Have a1l voted who wish? Have al1 voted Who Wish? Take the record . On that question, there are 52 Ayes, l Nay: none voting Present. Senate Bill 2048, having received the required constitutional majority, is declared passed. 2056. Senator Jones. Mr. Secretary, read the bill, please.

ACTING SECRETARY: (MR. NAPRY) Senate Bill 2056. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Jones.

Thank you, Mr. President and Members of *he Senate. Senate Bill 2056 is the Professional Counselor and Clinical Professional Counselors Licensinq Act, and establishes requirement for licensure and grounds for discipline, and it creates the Professional Counselor Licensing and Disciplinary Board. It has included in here a ten-year grandfathering clause for those who 205  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TNANSCRTPT 108th Legislative Day May 2l, 1992 have professional counseling experience, so theylll automatically be grandfathered in. As amended, the fee is from one hundred Eo a hundred and fifty dollars for licensing fee, which would -- should take care of the concerns that DPR had, and over a period of four years, that should generate over a million dollars in fees, Which will lessen the fiscal impact. The -- we passed this legislation before. It has been changed somewhat. I know of no opposition: and I ask for a favorable vote.

Gentleman has moved passage of Senate Bill 2056. Discussion? Senator Schaffer.

The sponsor used the expression ''will lessen the fiscal impact somewhat.'' What is the fiscal impact that we havenft lessened?

Senator Jones.

Well, the bill, as amended -- as amended, increases the fee from a hundred dollars to one hundred and fifty dollars. Therefore, to administer the Act by the Department of Public Aid, they say iE may be a start-up cost of approximaEely eighty thousand dollars. That would be lessened considerably, and the bill itself in its first year would pay, through its fee -- throuqh the fee structure: will more than pay for itself, so therefore, would be no fiscal impact.

Senator Schaffer.

It's my understanding the Department's budget has been rather severely mplled, and therefs every likelihood that it will continue Eo be malled in the process, and we are handing them a very difficult situation here. I would also - I guess for the 206  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 record like to hear at least somebody give us one good reason why we ought to do this thing. I know we license everything that breathes, moves, sneezes, or thinks about doing any of those things. But how is the public interest served in licensing still one more subcategory of counselors? I think we 've licensed twenty-eight different varieties now. What conceivable public interest is served by the bill?

Senator Jones.

Well, I1m glad you answered Ksicl that question. We have licensed clinical psychologists, licensed clinical social Workers. This is the last of that particular profession that that is licensed. And this Would serve the public in this interest: that one could not hold themselves out as professional counselors if those persons do not have the proper credentials and training to give guidance and counseling. Qhis bill is a consumer protection bill, simply because people are gouged they hold themselves out as a counselor in this bill or anothere and then they really don't have the qualification. This is the reason why we have this bill. We have the licensed clinical soeial workers. We have licensed elinical psychologists. So as a result, this is the last of that disciplined profession that is under -- need licensing, and I need your support.

Further discussion? Senator Schaffer.

Well, I'm still not convinced there's any public interest here. I think there's a private interest, but that's -- I guess we dre used to that, but there are several Members on this side of the aisle, and I suspect on the other side. Has this group had khe traditional reception for the Legislature yet? Many of us are 207  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21# 1992 unaware of it, and we hate to see these cherished traditions fade into the background, even though most of us don't attend. PRESIDENT ROCK: r Further discussion? Senator Macdonald. SENATOR MACDONALD: I Thank you, Mr. President. The Calendar does not reflect it, but I am a chief co-sponsor of this bill. As a matter of fact, Senator Schaffer, this bill has created as much mail as almost any other piece of legislation that We have had this year. Northwest Mental Hea1th Association is strongly in support of this bill. A number of doctors and other -- even psychiatrists in my area are for this bill. Apparently With nore and more stress in society today, there are a -- there is need of a -- of a Wider variety of treatment and counseling for patients who need -- who may not need psychiatric care, but who certainly can use counseling care. And as Senator Jones says, this is a consumer protection billr and I am strongly in support of this piece of legislation, and would ask for your favorable support.

Further discussion? Senator Geo-Karis. SENATOR GEO-KARIS: I . I If the sponsor will yield for one question.

Sponsor indicates he will yield for one question.

I Did you -- Senator Jones, did you leave Amendment 2 on the I i bill -- which prohibits a person from engaging in professional .1 edunseling without a license, changing that to prohibiting a person from holding themselves out as being a licensed professional counselor?

I jenator Jones. 208 : 1 )  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21z 1992

Yes, thak amendment is still on the bill.

Further discussion? Senator Palmer.

Thank you, Mr. President and Members of the Senate. I too have received a great deal of mail in favor of this bill. So I stand to say that I think it is a good idea, and I would ask for an Aye vote on it.

Further discussion? Senator Jones, to close.

Yes. Thank you, Mr. President. It is a good consumer bill, again. We do need people out here who are qualified, and I ask for a favorable vote.

Question is, shall Senate Bill 2056 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Have a11 voted who wish? All voted who wish? Have all voted who wish? Take the record. On that question, there are 50 Ayes, 1 Nay, voting Present. Senate Bill 2056, having received the required constitutional majority, is declared passed. 2062. Senator Cullerton. Mr. Secretary, read the bill, please.

ACTING SECRETARY: (MR. HARRY) Senate Bill 2062. (Secretary reads title of bill) 3rd Readin: of the bill.

Senator Cullerton.

Thank you, Mr. President, Members of the Senate. This is a bill that's patterned after a bill that's successfully operating 209  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992 in the State of Washinqton, and has the support of the Department of Public Aid. It basically sets up a system Yhere the Department of Public Aid will develop and distribute a uniform parentage consent petition, that would be made available to -- in a situation where there 's a birth of a child to an unmarried woman. And khis would be in the hospital, and it would be voluntary, but it would be an opportunity for the father of the child to volunEarily siqn up as khe father. This has been done in Ehe State of Washington, and they are finding in about forty percent of the out-of-wedlock births, the father is noW acknowledging. Of course, the benefit here is that you don't have a situation Where later on the Department of Public Aid has to initiate a parentage action. The bill also' in response to questions ralsed by the Bar Association, also provides a situation where, if it turns out that this father who voluntarily signed up indicating that he is the father, if he finds out later: throuqh genetic testing, that he, indeed, is not the father, we give him the opportuniey that he does not have now, to come in and petition the court to have that voluntary acknowledgement of paternity be eradicated and allow him to be declared not to be the father. And finally, there's another amendment that deals With the issue of genealogieal research. It embodies a concept that's found in House Bill 2678 by Representative Black, which allows for genealogical societies, even if theydre not in Illinois, to look at records. And it also allows for individuals with genealogical interests to have access to birth records which occurred seventy-five years ago, or death records which occurred twenty years ago. When they get these copies of these records: they will be stamped ''FOR GENEALOGICAL PURPOSES ONLY.'' And this is something which I believe is -- I know of no opposition to this portion of the bill. But the main portion of the bill deals with this issue of taking advantage of the happy hour, so to speak, when a father who is the father of a 2l0  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 child, but is not married to the woman, is in the hospital, and this is the time for him to sign up to indicate that he is the father. So, be happy to answer any questionsz and urge an Aye vote.

Discussion? If not, the question is, shall Senake Bill 2062 pass. Those in favorz vote Aye. Opposed, vote Nay. The voting's open. A1l voted who wish? Have a11 voted Who wish? Have all voted who wish? Take the record. On that questionz there ate 53 Ayes, no Nays, none voting Present. Senate Bill 2062, having received the required constitutional majority, is declared passed. 2072. Senator Savickas. Read the bill, Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRY) Senate Bill 2072. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Savickas.

Yes. Mr. President, Members of the Senate, Senate Bi11 2072 is a School Code vehicle bill. It was introduced to solve a problem that we have that was created under the Reform Act: where there were thirty-five supernumeraries at the time. They 've risen to five hundred and twenty or twenty-eight. There is a problem on placing them . We did not come up With an amendment that would resolve that problem, so I would like it to go to the House, 1et us wark this out, to try, where we can remove these supernumeraries from positions they are not workinq and not -- so theydre not being paid, and deal with this problem. And that is the purpose of this bill. It's a legitimate problem that must be dealt With, and -- if we are to at least bring the school budget of Chicago back into some semblance of order. 211 I STATE OF ILLINOIS 87th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May.2l, 1992 PRESIDENT ROCK: Discussion? If not, the question is, shall Senate Bill 2072 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A11 voted Who wish? Have a1l voted Who wish? Have al1 voted who Wish? Take the record. On that question, there are 47 Ayes, l Nay: none voting Present. Senate Bill 2072, having received the required constitutional majority, is declared passed. 2075. Senator Berman. Mr. Secretary, read the billy please. ACTING SECRETARY: (MR. HARRY) Senate Bill 2075. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Berman. SENATOR BERMAN: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2075, sponsored by myself and Senator Karpiel, addresses a problem that we have in today 's society, and we think that this is a reasonable approach to this problem. Today we find single-parent households, we find double-parent households Where both parents are working. The purpose of this bill is to allow parents to have some time off, Without pay, from their jobs, to visit with the schools where there is a conference or a necessary meeting involving their children. We a1l talk about parental involvement with the education of our children. This is a bill to encourage it. The bill has been amended upon conference with the Illinois Manufacturers' Association. They have made a number of requests for revisions, which I have adopted in the amendment that has been put on the bill, and I solicit your Aye vote. PRESIDENT ROCK: Discussion? Any discussion? If not, the question is, shall Senate Bill 2075 pass. Those in favor, vote Aye. Opposed, vote 212  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Nay. The voting's open. A11 voted who Wish? Al1 voted Who wish? Have all voted who wish? Have all voted Who wish? Take the record. On that question, there are 40 Ayes, 13 Nays, none voting Present. Senate Bill 2075, having received the required constitutional majority, declared passed. 2076. Senator Berman. Read the bill, please, Mr. Secretary.

ACTING SECRETARY: (MR. HAQRY) senate Bill 2076. ! i (Secretary reads title of bill) 3rd Reading of the bill.

Senator Berman.

Thank you. Mr. President and Ladies and Gentlemen of the Senate, this bill was in front of the -- I believe the Judiciary I I Committee. It dealt with the rights of parents -- I'm sorry -- to ' . the guardianship of -- of the persons of the minors. Some dispute came up regarding different points of view of the bar associations and some of the judges in the probate division. I've stripped the ! ! relevant portions of the bill to continue discussions as the bill i ' moves along. There is nothing substantive in it at the moment. I would just solicit your Aye vote.

Discussion? If not, the question is, shall Senate Bill 2076 ! pass. Those in favor, vote Aye. Opposed, vote Nay. The voking 's open. All voted who wish? Have all voted who wish? Have all voted who Wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 2076, having E received the required constitutional majoritye is declared passed. 2079. Senator Luft. Mr. Secretary, read the bill, please.

ACTING SECRETARY: (MR. HARRY) Senate Bill 2079. 213  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 (Secretary reads title of bill) 3rd Reading of the bill. . I PRESIDENT ROCK: : Senator Luft. SENATOR LUFTI Thank you, Mr. President. Incorporated wikhin khe Illinois Development Finance Authority's Act is the Environmental Facilities Financing Act. That Financing Act, over the past, has provided up to l.5 billlon dollars in bonds to deal, obviouslyy with environmental facilities. That bond authorization is about to run out. Since there is a major need now for bonding authority to comply With the Federal Clean Air Act, it has been suggested that we raise from l.5 to 2.5 billion - the bond authorization - for the Environmental Facility Financing Act within IDFA .

Discussion? Any discussion? If not, the question is, shall Senate Bill 2079 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have a11 voted who Wish? Take the record. On that questiony there are 53 Ayes, 2 Nays, none voting Present. Senate Bill 2079, having received the required constitutional majorityr is declared passed. 2087. Senator Butler. Read the bill, Mr. Secretary, please.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 2087. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Butler.

Thank you, Mr. President. When the Legislature passed its Mandates Act in 1980, it required DCCA to file a report and 214  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 ; catalog. It has not done so since 1981. This bill requires DCCA to publish such a report. And there Was a Floor amendment, not reflected in the catalog -- in the Calendar. This requires DCCA to submit a report for mandates after January 1st, 1989. Makes it a little more doable. And I ask for a favorable report.

Discussion? Senator Demuzio.

Senator, if you'd tell us how much this additional cataloging now is qoin: to cost, and who is it going to be sent to?

Senator Butler.

Frankly, I can't tell you, Senator, but perhaps then if you feel it's too costly, we ought to remove that requirement and 1et DCCA go on its merry way. I think this is something that's essential. We ought to know what wedre doing on mandates.

Purther discussion? If not, the question is, shall Senate Bill 2087 pass. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have a1l voEed Who wish? Have all voted who wi'sh? Have a1l voted who wish? Take the record. On that question, there are 56 Ayes, l Nay, l voting -- none voting Present. Senate Bill 2087, having received the required constitutional majority, is declared passed. Top of page 17. Senator Watsony with leave, Will handle it for Senator Lechowicz. 2088, Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRY) Senate Bill 2088. (Secretary reads title of bill) ! 3rd Reading of the bill. i

I 215  STATE OF ILLINOIS 87Vh GENERAL ASSEMBLY ! RCGULAR SESSION SZNATE TRANSCRIPT 106Eh Leiislative Day May 2l# 1992 l ! Senator Watson.

Thank you, Mr. President. This particular piece of leqislation, sponsored by Senator Lechowicz and myself, would enable a replating process to begin. There's discussions goin: on now between the Secretary of State and Economic and Fiscal Commission and others about the possibility of a neW license plate for the State of Illinois. And this bill would enable that to happen if, in fact, there's an agreement later on. Be glad to answer any questions; otherwise, I'd ask for your support.

Discussion? If not, the question is, shall Senate Bill 2088 pass. Those in favor: vote Aye. Opposed, vote Nay. The voting's open. Have all voted who Wish? Have all voted Who Wish? Have al1 voted who wish? Take the record. On that question, there are 53 Ayes, 1 Nay, none voting Present. Senate Bi11 2088, having received the required constitutional majority, is declared passed. 2091, I understand, will be on the Recall. 2092. That's on the Recall? Okay. 2093. Read the bill. 2093, Mr. Secretary, please.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 2093. (Secretary reads title of bill) 3rd Reading of the bill. '

Senator Savickas.

Yes. Mr. President, Members of the Senate, 2093 is still a shell billz and it will amend the State Mandates Act. We deferred, during committee action from formulating a definite plan for this bill because of Senator Watson and Senator Luft's proposed constitutional amendments regarding this. And since 216  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leqislative Day May 2l, 1992 khere will not be a eonstitutional solution to the various mandate issues, we are going to have to look more closely at what can be done under our existin: laws and Statutes to approve it. This effort is supported by the Northwest Municipal Conference, the Illinois Municipal League, and obviously, the City of Chicago, and I would ask your support to let us continue in this area.

Discussion? If not, the question is: shall Senate Bill 2093 pass. Those in favor will vote Aye. Opposedz vote Nay. The voting's open. Have a11 voted who wish? Have al1 voted Who wish? Have all voted who wish? Take the record. On that questiony there are 48 Ayes, 4 Nays, l voting Present. Senate Bill 2093, having received the required constitutional majorityz is declared passed. 2094, 2095 and 96 will be on the Recall. 2097. Senator Savickas. Read the bill, Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRY) Senate Bill 2097. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Savickas.

Yes. Mr. President, again, it's a shell bill that relates to a -- what we did last year, where I sponsored a Home Rule Note Act requiring that we, as a Legislature, have before us a clear understanding of the impact of any law we may pass on home rule units of government. We are still trying to Work out what difficulties there may be with new 1aw requiring the preparation and evaluation of home rule notes within the legislative process. And again, I would ask that you let us continue this so that we can come up with some effective measure.

217  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Discussion? Any discussion? If not, the question is, shall Senate Bi1l 2097 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A1l voted who Wish? Have a1l voted who wish? Have a1l voted Who wish? Take the record. On that question, there are 50 Ayes, l Nay, none voting Present. Senate Bill 2097, having received the required constitutional majority, is declared passed. 2099. Senator del Valle. Read the bill, Mr. Secretary, please.

ACTING SECRETARY: (MR. HAQRY) Senate Bil1 2099. (Secretary reads title of bill) 3rd Reading of the bill.

Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. This bill comes from the City of Chicago. It deals with unsafe and abandoned buildings. And the two main provisions in the bill permit an owner of a dangerous or unsafe building to voluntarily abandon property to a municipality after a petition has been filed by a municipality, and a private owner or tenant Who institukes an action to comparè the -- to compel the demolition of, repair, or removal of garbage from a buildin: shall not be required to pay a fee to the circuit clerk. And it also has other provisions strengthening the current law .

A11 right. The Gentleman has moved passage of Senate Bill 2099. Discussion? Senator Hakkinson.

Thank you, Mr. President. Will the sponsor yield for two questions?

Sponsor indicates he will yield, Senator Hawkinson. 2l8  STATE OP ILLINOIS 1 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

Firstr Senator, does this just apply to the City of Chicago, or does it apply to al1 municipalities in Illinois?

Senator del Valle. SENATOR dEL VALLE: It amends the Municipal Code. It applies to all.

Senator Hawkinson.

Our analysis indicates that a property owner who files a petition for demolition of another unsafe building doesn't have to pay any court fees - that a1l fees are recoverable from the owner of the unsafe building. My question is this: if the petition is filed and then it is thrown out or dismissed or denied because the building is deemed not to be unsafe, does the person who caused this petition then have to pay the fees, or does the respondent still have to pay a11 the fees?

Senator de1 Valle. SENATOR dEL VALLE: It would still be the private owner.

Senator Hawkinson.

Well, I didn 't hear the answer.

I'm sorry. Senator de1 Valle. SENATOR dEL VALLE: It would be the private owner or the tenant.

Senator Hawkinson. 219  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992

So you 're sayinq . that -- that even if it's a frivolous i ''' 2 petitkon that has no merit and it gets thrawn out, that the I respondent has to pay the court costs and not the person thak filed the frivolous petitkon? 1

Senator del Valle. SENATOR dEL VALLE: No.

Senator Hawkinson.

So -- so the -- the petitioner then Would have to pay the court costs, is that correct, if it's dismissed or denied or thrown out? Is that correct?

Senator del Valle. SENATOR dEL VALLE: The bill says a private owner or tenant who institutes an action under the proceedings -- shall not be required to pay any fee to the clerk of the circuit court.

Senator Hawkinson.

That's what raises my question. You're saying that the person filing the petition doesn 't have to pay any fee, and I'm suggesting that if that petition is frivolous or is denied, that they ought to have to pay the fee, and the person you 're hauling into courk shouldn't have to pay if the petition is thrown out. And youlre telling -- I think youlre telling me that that person has to pay, even though it gets thrown out. Is that correct?

220  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Senator del Valle. SENATOR dEL VALLE: Can -- can we take this out of the record, please?

You certainly may. Take it out of the record. 2100. Senator Luft. 2101. Senator Cullerton. Read the billz Mr. Secretary, please.

ACTING SECRETARY: (MR. HAKRY) Senate Bill 2101. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Cullerton.

Thank you, Mr. President, Members of the Senate. The bill does two things. It says that the public community college purchases over ten thousand dollars should be made by free and open competitive bidding. The current 1aW is five thousand dollarsr which has been the threshold since 1982. And secondly, it says that in Chicago, purchases over twenty-five thousand dollars shall be made by free and open competitive bidding. The current law there is ten thousand dollars. And it increases from forty thousand to two hundred thousand the amount of emergency purchase that may be made Without competitive bidding. That threshold has not been increased since 1980. Ask for an Aye vote.

Discussion? Senator Geo-Karis.

Question. Sponsor yield for a question?

Gentleman indicates he will yield for one question. Senator Geo-Karis. 221 è STATE OF ILLINOIS 1 ' 87th GENERAL ASSEMBLY , REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21y 1992 SENATOR GEO-KARIS: And it'll only be one. Will you tell me, Mr. Cullerton, does : it only apply to Chicago? And if so, why didn't you make it apply to the rest of the State? j 1 PRESIDENT ROCK: l Senator Cullerton. SENATOR CULLERTON: 1 Downstate municipalities are governed by a separate Statute, and I don 't know what their threshold numbers are. And that's half the bill. The other half does apply Statewidez and it applies to all the public community college purchases. PRESIDENT ROCK: Further discussion? If not, the question is, shall Senate Bi1l 2101 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting 's open. Have al1 voted who Wish? Have a1l voted Who wish? Have al1 voted Who wish? Take the record. On that question, there are 46 Ayes, 6 Nays, none voting Present. Senate Bill 2101, having received the required constitutional majority, is declared passed. I'm sorry. Senator Cullerton, for what purpose do you arise? SENATOR CULLERTON: On a point of personal privilege. PRESIDENT ROCK: State your point, please. SENATOR CULLERTON; I thknk yesterday I introduced Abraham Lincoln from the gallery. Today I have ehildren from the Abraham Lincoln School thatls found in my district. Theydre here with Mr. Tinich, Who's their professor, and they have many finalists in 'the State History Fair. They're right up here behind -- in the gallery. PRESIDENT ROCK: Will our guests please rise and be recognized. Welcome to 222  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Kay 21, 1992 Springfield. SENATOR CULLERTON: 1 : Abraham Lincoln School.

Senator Savickas. 2104. Mr. Secretary, read the bill, please.

ACTING SECRETARY: (MR. HARRY) Senate Bill 2104. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Savickas.

Yes, Mr. President and Members of the Senate, Senate Bill 2104 deals with the Illinois Act on Agingy and it provides that home-delivered meals shall be considered an essential service to prevent unnecessary institutionalization of persons age sixty and older. We passed this bill last yearz and the Governor vetoed it, due to fiscal reasons. And currently, under the Illinois Act on Aging, preventative services for unnecessary institutionalization of the elderly may include, but are not limited to, home health services, home nursing services, homemaker services, chore and housekeeping services, day care services, home-delivered meals: education in self-care, personal care service, habilitation services and respite care. It shows -- research has shown that many of our elderly, whether through Alzheimer's or whatevery sometimes do not eat - many times do not eat, Whether sometimes they forget to make kheir food; sometimes they just won't leave the house; sometimes they can't afford to go out and buy lt. Many of us feel that thisisn'taservieethatshouldbelimitedto 1 ''maybe p'' but should be an entitlement. At least keep them fedy keep them alive, instead of putting them in institutions and i having the State pick up the tab. I think that, at least in this 223  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 - - for this portion of the Illinois Act on Aging, there should be I an entitlement program, and I would seek your support.

Discussion? Senator Maitland.

Thank you very much, Mr. President, Members of the Senate. I rise in opposition to Senate Bill 2104, as I rose -- rose against the issue a year ago. This is an entitlement, without question. Does, then, increase our budgetary exposure, and ik's something we sîmply cannot afford today. We talked and debated issues like this yesterday. We are lookin: for places to cut the budget, and this is something we simply can't do now. Laudable as it may be, we have to oppose Senate Bi11 2104. There is a substantial budget exposure here.

Further discussion? Senator Savickas, you wish to close?

Yes. Mr. President, there is some budget exposure. We 're talking for about two million dollars - two million dollarsr compared to what it Would cost to put these people in institutions. We are probably saving maybe fifty million dollars by feeding them and keeping them out of inskitutions, and I would just ask for your support.

Question is, shall Senate Bill 2104 pass. Those in favor will vote Aye. Opposed, vote Nay. And khe voting's open. A11 voted who wish? Al1 voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 39 Ayes, 15 Nays, l voting Present. Senate Bill 2104, having received the required constitutional majority, is declared passed. 2107. Senator Collins. Mr. Secretary, read the bill, please . ACTING SECRETARY: (MR. HARRY) ! I 224  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Senate Bill 2107. ' (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Collins. SENATOR COLLINS: Thank you, Mr. President, Members of the Senate. This -- 2107 amends the Elderly <sic> (Elder) Abuse and Neglect Act and the Financial Exploitation Act for the Elderly. This bill had some problems in committee. We amended it, I think, to respond to that side of the aisle's concerns and questions that they had. What it does - it makes it -- amends the law that makes it mandatory that everyone providing services to the elderly, if they suspect or see khat their elderly are being abused, that they have to report thak abuse. It also brings the employees under nursing homes under the economic exploitation Section of the existing Statute. I did promise Public Health in the hallway that I will amend this bill in the House: because it is -- there's a technical error in it. I don't think either of our staffs, Senator Topinkay had caught that. But the nursing home portion should be reporting to ! Department of Public Hea1th, and I have no problems with making . that correction in the amendment once this bill get to the House. I will be happy to answer any questions. If not, I would just ask for a favorable roll call. PRESIDENT ROCK: A1l right. The Lady's moved passage of Senate Bill 2107. Discussion? Senator Topinka. SENATOR TOPINKA: Yes. Mr. President and Ladies and Gentlemen of the Senate, Senator Collins has worked hard and long with us on trying to clean up some of the language that originally appeared in this I bill. Now, granted, the Department on Aging is still in 225 ' j  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 I opposition. I think she has something Working and goinq now with the Department of Public Health. But I would like to point out that she is adding back in - at the request of a number of us on the committee - the area of financial exploitation of seniors, which is a very valid concern and probably the only aspect of this particular bill that is -- that Was missing . And she's put that in. I think there are those who could probably disagree with this bill. Personally, I khink she's done the jobz and I'm going to support her. PRESIDENT ROCK: ' Question is, shall Senate Bill 2107 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 Ayes, 4 Nays, none votin: Present. Senate Bill 2107, having received the required constitutional majority, is declared passed. 2108. Senator Hall. 2114. Senator Davidson. Mr. Secretary, read the bill, please.

ACTING SECRETARY: (MR. HAQRY) Senate Bill 2114. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Davidson.

Mr. President and Members of the Senatee this is a request from the Department of State Police. What it says is that convicted sex offender must submit a sample of blood and saliva to the Department of State Police for DNA analysis, and this just deletes the saliva request, because it's not necessary. It's a11 taken from the blood sample. Secondlyz it changes the present law of ten days to forty-five days. And thirdly, we amended it 226  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SZNATE TRANSCRIPT 108th Legislative Day May 21g 1992 yesterday that the State Police can recover the cost for sealing a record. They also, by this, could recover the cost for expunginq the record. I'd appreciate a favorable roll call.

Discussion? Any discussion? If not, the question is: shall Senate Bill 2114 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A1l voted who wish? Have a1l voted Who Wish? Have a1l voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none votkng Present. Senate Bill 2114, having received the required constitutional majority, is declared passed. Senator xarpiel: on 2118. Mr. Secretary, read the bill, please.

ACTING SECRETARY: (MR. HARRY) Senate Bill 2118. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Karpiel.

Thank you, Mr. President. This is a bill that is similar to Senator Berman's bill that we just passed out - 2075) that it sets up a -- the School Conference and Activity Leave Act. Senator Berman and I decided that we would work together and try to come to a common amendment for this b11l when it reaches the House. Very frankly, the version that I'm proposing - Senate Bill 2118 is one that is preferred by the business groups over his version as being less restrictive, having less paperwork, no -- and less punitive. I'm sorry that he's not on the Floor to speak for the billr because that was the agreement that he made with me, but I would ask for an Aye vote.

Discussion? Senator Collins. 227  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

No. Point of personal privilege.

All right. Wait -- wait till we finish here, and then youdll be Well taken. If not, the question is# shall Senate Bill 2118 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have all voted Who wish? Have a1l voted Who Wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 42 Ayes, 8 Naysy 2 voking Present. Senate Bill 2118, having received the required constitutional majority, is declared passed. Senator Collins, for what purpose do you arise?

Point of personal privilege, please.

State your point, please.

We have visiting with us today the eighth grade class from the Garfield School in Maywood, from Senator Ted Leverenz's district and from my future districts. I'd like for them ko stand and be recognized.

Will our guests please stand and be recoqnized. Welcome to Springfield. All right. There's light at the end of the tunnel. 2119. Top of paqe l8. Top of page l8. 2119. Senator Jones. 2125. SenaEor Jones. 2134. Senator Barkhausen. Read the bill, Mr. Secretary, please.

ACTING SECRETARY: (MR. HARRY) Senate Bill 2134. (Secretary reads title of bill) 3rd Reading of the bill.

228  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Senator Barkhausen. SENATOR BARKHAUSEN: . Mr. President and Members, Senate Bill 2134 passed out of the 1 Judiciary Committee on an Agreed Bill List. It is somewhat technical. 1.11 attempt to explain it. It provides a limited I immunity for lawyers involved in settlements of typically personal injury cases, sometimes worker's comp cases, where what are known l as structured settlements are used as a means of settlemenk. Structured settlements provide - in -- in the alternative to a lump sum award or in addition to a lump sum award - provide installment payments out into the future, and are funded either by an annuity or by treasury bonds. In the case of annuities, there is some concern because of the failure of a certain company. First Executive Life in the last year was a writer of these types of annuities. There is some concern on the part of lawyers, both plaintiffs and defense lawyers, that they could theoretically be liable in èhe event of a failure of a Writer of one of these annuities. This provides only a limited immunity in the case where at the time of settlement in the case of an annuity , that the company writing that annuity has an A+ ratin: from Best, which is the major rating agency; at least one double A ratinq from one of the khree other major life insuranee rating agencies; and has - - is Size IX or larger in terms of its adjusted policyholders' surplus. It is khought that passing this bill will provide additional incentives similar to those we have already provided in one of our medical malpractice reforms of several years ago - provided for periodic payments. They can provide additional yield to a plaintiff and/or savings to a defendant and they protect against the improvident use of the settlement by a plaintiff who often will dissipate the award in a short period of time, unless khere's some built-in money manaqement for them . I know of no opposition, and urge your support. 229  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

Genkleman has moved passage of Senate Bill 2134. Discussion? Senator Schaffer.

This Session seems to be filled with bills limiting lawyers' legal liability. I'm somewhat intrigued at this rather dramatic turnaround in the philosophy of the bar. Is this the wave of the I future?

Further discussion? SENATOR SCHAFPERI ' Oh, one other question. I happen to have in my hand an epistle from the Trial Lawyers Association on Senate Bill 2119, I which we apparently just passed overe opposing giving the certified public accountants similar limits in liability. Are we - - do we have a double standard here? What goeth on? 1

Further discussion? If not, the question is, shall Senate Bill 2134 pass. Those in favor, vote Aye. Opposedy vote Nay. The voting's open. Have all voted Who wish? Have al1 voted Who Wish? A11 voted Who wish? Take the reeord. On that question, there are 52 Ayes, no Nays: none voting Present. Senate Bill 2134, havin: I received the required constitutional majorityz is declared passed. 2138. Senator Etheredge. Mr. Secretary, read the billy please. . 1 ACTING SECRETARY: (MR.NAPRY) 1 k Senate Bill 2138. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Etheredge.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 230  STATE OF ILLINOIS 2 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT ! 108th Legislative Day May 21, 1992 ! Senate Bill 2138 would establish a Podiatric Residency Scholarship Act. This is patterned after the Residency Scholarship Act that is already in place for the other doctors. The cost of the program would be about thirty thousand dollars a year. The cost would be j paid from the licensinq fees that the doctors of podiatric ' medicine pay to the State of Illinois. I1d be happy to answer any questions. If there are none, I'd ask for a favorable roll call.

Discussion? Any discussion? If not, the question is# shall i Senate Bill 2138 pass. Those in favor, vote Aye. Opposed, vote Nay . The voting's open. Have a1l voted Who wish? Have all voted who wish? Have a1l voted Who wish? Take the record. On that question, there are 54 Ayes, no Nays: none voting Present. Senate Bill 2138, having received the required constitutional majorityy is declared passed. Senator Weaver. 2139. Mr. Secretary, read the bill, please. ACTING SECRETARY; (MR. HARRY) Senate Bill 2139. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Weaver.

Thank you, Mr. President. Senate Bill 2139 would alloW sanitary districts to extend their lines in their planning facility area and also in the mile-and-a-half area from Where their lines exist, if the property is accessible and if the installation is economically and technically feasible. There are some concerns from the Home Builders, the Earm Bureau and the Municipal League. We've been meeting almost every day, and I think we can come to some conclusions and amendments that Will make this acceptable to al1 concerned. But if it comes back to us 231  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21: 1992 and we're not satisfied with the amendment: well, we can do away with it. I'd appreeiate a favorable roll call to keep the process going.

Questiôn is, shall Senate Bill 2139 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting 's open. Have a1l voted who wish? Have a1l voted who wisb? Have a1l voted who wish? Take the record. On that question, there are 55 Ayes, no Naysg none voting Present. Senate Bill 2139, having received the required constitutional majority, is declared passed. 2140 will be held. 2141 is on the Recall. 2147 is on the Recall. 2151. Senator Watson. Mr. Secretary, read the bill, please.

ACTING SECRETARY: (MR. HAPRY) Senate Bill 2151. (Secretary reads title of bill) 3rd Reading of the bill.

Senator Watson.

Thank you, Mr. President. We established the Capital Development Revolving Fund several years ago, and it had sunset provisions in it and this particular legislation extends that sunset for four additional years. We -- this has worked quite well and the construction industry is in support of this. They were the ones who originated the concept several years ago. What it does is it adds on a one-and-a-half-percent construction admknistration fee, and that money then is used by the Capital Development Board for personnel to help expediate the processing. So it's been very effective. And if there's any questions, I'd certainly be glad to answer; otherwise, I appreciate your favorable support.

PRESIDING OFFICER: (SENATOR COLLINS) 232  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION j SENATE TRANSCRIPT I 108th Legislative Day May 21, 1992 i FurEher discussion? If not, the question is, shall Senate I Bill 2151 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have al1 voted Who wish? Take the record. On that question, there are 54 Ayes, no ! Nays, l voting Present. Having received the required constitutional majority, Senate Bill 2151 is declared passed. Senate Bk11 2152. Senator Watson. Read the bill, please. :

Senate Bill 2152. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Watson.

Thank you, Madam President. This legislation does two things, and it involves the Section of the Statutes concerning eminent domain and the process by which a State agency must follow before eminent domain becomes possible. First of all: it says that if the landowner agrees to waive the disclosure provisions, then the process can begin immediately; otherwise, it has to wait sixty days. Secondly, it makes a provision that Would nat apply when the name of -- or a resident cannot be ascertained by -- after a diligent inquiry that would include a search of the tax records or obtakning a title commitment. hgain, I'd be qlad ko answer any other questions. I know of no opposition. Otherwise, seek your favorable support.

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

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yield. 233  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992

Now, are you saying that the law that you are amending already provides for eminent domain?

PRESIDING OPPICCR: (SENATOR COLLINS) Senator Watson.

Yes. What wedre doing here is -- there's already the Statute by which a State agency must follow in order to proceed with eminent domain. This -- what this does is just enable the State aqency to proceed at a more rapid process if, in fact, the property owner agrees or certain other search of property owners is provided.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? kenator Watson, to close. If not, the question is, shall Senate Bill 2152 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted Who wish? Have all voted who wish? Take the record. On that question, there are 52 Ayes, no Nays, 1 voting Present. Having received the required constitutional majority, Senate Bill 2152 is declared passed. Senate Bill 2153. Senator Barkhausen. Read the bill, please.

Senate Bill 2153. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SEHATOR COLLINS) Senator Barkhausen.

Madam President and Members, Senate B:11 2153 contains a number of provisions Which clarify the duties of the Director of the Department of Insurance and khe Department in connection with the rehabilitation and liquidation of insurance companies. It's 234  STATE OF ILLINOIS i 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 108th Legislative Day May 2l, 1992 i quite technical. I don't think at this point there are any outstanding questions. I'd be glad to try to answer them if there are, and otherwise, I would urge a favorable roll call. I PRESIDING OFPICER: (SENATOR COLLINS) Discussion? If not, the question is, shall Senate Bill 2153 I I pass. Those in favor will vote Aye. Opposed, Nay. The voting is ! open. Have a11 voted Who wish? Have al1 voted Who Wish? Take 1 . the record. On that question, there are 55 Ayes, no Nays, none voting Present. Having received the required constitukional majority, Senake Bill 2153 is declared passed. Senate Bill 2154. senator Barkhausen. Read the bill, please. SECRETARY HAWKER: Senate Bill 2154. (Secretary reads title of bill) 3rd Reading of tbe bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen. SENATOR BARKHAUSEN: Madam President and Members, Senate Bill 2154 creates a civil cause of action agaknst gangs and gang members, to be brought by a public body which experiences some -- some expense or some monetary loss as the result of the activities of gangs. The provisions are larqely patterned after federal legislation known as RICOA - Racketeer Influence and Corrupt Organizations Act. And it's thought that in -- in situations Where gangs, particularly those involved in drug offenses, actually have, amongst themselvese significant assets that could be gone after by a public authority that incurs expenses in law enforcement or other types of expenses, that this could be an effective remedy. It's an administration measure coming to us from the Department of state Police. It was on the Agreed Bill List yesterday but was taken off, perhaps because there are some questions that I'd be i 235  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leqislative Day May 21, 1992 glad to try to answer. And otherWise, Ifd ask for your support.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Diseussion? Senator Palmer.

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

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

Senator, I have a great deal of concern about this bill. There are -- in fact, there Was one before the City Council in Chica:o that produced in the -- I believe it was the Tribune, a very strong editorial opposing a similar effort to treat street gangs - and certainly, Lord knows, in my district, I Want to make every effort. But I1m very concerned about due process. I'm very concerned about the problem of treating young people and -- and putting them in a situation where we are not clear whether they are gang members or not, where innocent young men and women -- I think we have a situation already where we've seen that over and over again. And I'm very concerned about that. Could you speak to those questions for me, please?

PRESIDING OPFICER: (SENATOR COLLINS) Further discussion? Senator Raica. I'm sorry. Senator Barkhausen.

I believe that Senator Palmer had addressed at leask a general question to me, which I9d be -- 1'11 try to answer. Senator, I'm afraid I have not seen all of the publicity with regard to the proposed Chicago ordinance. I've just sort of seen the headlines. And 1, frankly, don't know Whether what's been talked about there is -- is exclusively -- or would be exclusively a civil remedy and cause of action as this is, or whether they -- they tried to pass 236  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 something that's criminal - a criminal ordinance, or quasi-criminal, I guess you would say, in the case of a municipal ordinance. The drafters of this legislation have tried to be very careful in defining -- in definin: what -- b0th what indicates membership in a street gang, on the one hand, and what gang-related activity is. Inevitably, those definitions get somewhat general, but there are a number of indicia spelled out under both categories which I feel, and the drafters of the legislation feel, would guarantee the due process rights of -- of those who -- Who might be the -- the targets of a prosecution under this legislation.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Palmer.

Thank you. Will the sponsor yield for another question?

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

Senatore in very plain and direct language, would you define how you are determining who is and who is not a gang member? am referrin: to our analysis, which defines street gang member or gang member as any person who belongs to a gang.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen.

There would have to be a showing by a preponderance of the evidence that the individual did belong to a gang, that they were actinq in eoncert, that they had certain activities in common. Other than khat, I'm -- you know, I'm not sure that I can entirely answer your question.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Palmer. 237  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992

Again, one of the points that the editorial makes this morning is that the 1aw enforcement agencies - and I don't knoW how they are throughout the rest of the State, but certainly in Chicago - would not have the time or the manpower to carry this out. And what it does then, in my estimationz is put, perhaps, people who are not necessarily gang members in some jeopardy. And I Want it clearly understood that I am very strongly in support of making an effort to rid our communities of gang members, but I am not in support of something as nebulous as this, that cannot even define what a gang member is, and is talkin: about taking civil action, which, in fact, Would be, in effect, criminal action.

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

Well, Madam President and Ladies and Gentlemen of the Senakey there's nothing nebulous about this bill. This is simply a course of civil procedure. In my area, a youngz lovely black girl, seventeen years of age, was in the house. Three fellows were mad at one of the fellows that was related to her. They set fire to the house and killed the girl. Now certainly her family should be able to have some civil action. Theydre up for murder, these three, now . But whatever they did wrong, they did Wrong. And what this says is that these bodies - these public bodies - can go after them for damages and -- for what they do Wrong. And when theydre members of gangs, they have to be proved that they dre members of gangs. But I don't think that there's anything nebulous at al1 about it. If we don't start taking some real corrective measures and hitting them in their pocketbooks, how are we going to 9et rid of those gangs? And I support the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Raica. 238  GTATE OE ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

Thank you, Madam President, Ladies and Genklemen of the Senate. I thought I heard a lot of things in this Body. I've only been here six years, but when I start hearing terms as ''due process' for gang members, and gan: members are 'in jeopardy' - gang members are ''in jeopardy.'' Senator Palmer, how many months ago were seven black children shot in the high school in Roseland because they were playing basketball? They were shot by gang members. Are we going to sit here and talk about due process for gang members? Huh? You pull them over in a car; they got three baseball bats, knives and chains in the front seat. Theydre not qoing to play basketball. And what are We talking about when we talk gangs? Are the Boy Scouts a gang? Well. What about the trial attorneys? We can probably put them in a gang. Right? There's a gang. I -- General Assembly - the Senate is a ganq, right? Right? But I think the difference is -- the Boy Scouts wear a uniform; gang members wear a uniform. They Wear colors. The real difference is, gangs commit crimes: and that's the difference between tbe Boy Scouts, the people here, and the gangbangers on the streets. They commit a crime. I work the Englewood dkstrict, and I see how many drive-by shootings we had . 69th and Indiana. 6th District. Senator Brookins knoWs it Well. Fourteen, fifteen years on a pokice department. Senator Dudycz, Area 4. They know it well. Drive-by shootings. But now when We start talking about putting gan: members in jeopardy? they don't care about the kids in that neiqhborhood. And the Chicago aldermen did the exact the right thin: when they went in there and says khey can't congregate on the corner. If I have reason to believe theyfre gang members, IIm going to go in there and I'm going to search them - absolutely correct. How you supposed to keep them off the street? The superintendent tells you they dre better armed than the police department. State Police tell you 239  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108kh Legislative Day May 2l, 1992 theydre better armed than the police department. This is a step in the right direction to get rid of gangs, and we'd better take that step , before they take us.

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

Thank you. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yield. SENATOR BROOKINS; Senator Barkhausen, Wedre trying to define What a gang is, and I'd like your definition of it# if you will.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen.

Senator Brookinsy 1, in earlier -- attempting to answer Senator Palmer's question, I was looking at the same Section of the bill that she Was referencing, on -- on page find, though, that in looking at paqe 3: there are a number of indications of what membership in a gang is What various indicia of gang membership is: and therefore, what a gang is. And so it's a group that might have a common name, a common insignia, flag, a means of recognition, secret signal or code, creed, belief and so on, in that paragraph (2) on page 3. It's a fairly exhaustive list, I think, of -- of what constitutes a gang or gang membership.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Brookins.

Yes, Senator Barkhausen, Senator Raica Was correct when he said that a group of Boy Scouts would, under what you just read as a definitionz would be a gang. And if we saw them standing on the 240  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 corner, then we would arrest them and search them and put them through the indignikies that you're talking about? They need to commit no criminal activity? They needn't be doing anything criminal in the way of -- of committing a crimez anything? Merely congregatinq, three or four or more, in uniform? Is this What youlre telling me?

Wellg in the first -- in the first placez we're talking about a civil cause of action, and not a criminal prosecutkon here. So that -- that point needs to be reemphasized. But alsoz we're not we 're not talking about simply groups that have something in common; we dre talking, in addition/ about those that have something in common - the sorts of khings I mentioned - but that also engage in one or -- in two or more criminal offenses - felony offenses - or -- or attempts or solicitations to commit felonies. So that certainly further limits the sorts of groups that Wefd be talking about.

PRESIDING OPPICER: (SENATOR COLLINS) Senator Brookins.

Well, this is what we asked when we asked for your definition, and you never said that these people must have created some criminal activities; therefore, we know that they are gang members. In other words, they have to have created some crimes or something or be criminals. We must know this, then we can identify them as belonging to a gang. Is that correct?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen.

In order to go after them, yes, they would have to have committed a crime, and there would have to have been some damage experienced by the public body before they could prosecute a gang 241  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2ly 1992 or gang member for for causing an expense to a public authority that justified the public body going after them under this Statute.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Brookins.

So you fre saying that these people must have been prosecuted prior to us noticing them in this group and becoming a danger to furkher activities, and then We can then classify them as a ganq and then go after them. Is this correct?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen.

You would have to establish that there was some criminal activity, yes.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Brookins.

To the bill, Madam President: And hete is my problem with this bill, and 1, as Senator Palmer, knows, and as Dudycz and as Raàca, that We must do something to alleviake the communities in the State of Illinois and the City of Chicago of gangs and of criminals, of thugsr of punks. But we cannot - we cannot - just willy-nilly go on corners and grab groups of people, not knawing that they have created crimes or they are not members of a gang. Long too long in the City of Chicago, khis has taken place. Not only in the City of Chicago, but across this nation. This is what's taken place in Los Angeles as we look at it here. There are people that are more afraid of the police department than they are of the gangs, and I can brinq some here and they Will tell you that they'd rather see a gang member than a police officer coming . And this is What we don't want to institute. We know that police 242  STATE OF ILLINOIS 87th GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 officers are there ko serve and protect: and ninety-nine percent of the time, they do this. But there is that one percent that will not obey or would be the bad apple in the barrel. And we I don't want to arm them with some activities that Will go astray and cause problems in the future to innocent, young folks.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Palmer, for a second time.

Madam President, I apologize for rising a second kime. Just a : very simple point. I live in a community and represent a i community where there are, indeed, gangs. I also live in and ; represent a community where there are Boy Scouts. If this bill cannotclearly define the difference between those two, and j Eherefore cannot , when the moment comes for arrest, for charging 1 i people with activities, then that is why I oppose this bill. It is not clear, and there are enough African-American and Latino I I younq men who are jeopardized every day. I do not want to see any more put in such jeopardy. I

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

Thank you, Madam President. I think perhaps the debate has I not been clear, but I think the bill is clear, and I rise in I support of Senate Bi11 2154. Senator Palmer, I share your I concerns about the ordinance, and Senator Brookins, the ordinance that has come under some medla attack for its vagueness. This bill has nothing to do with the arrest of anybody on any skreet corner. It has nothing to do with the arrest of anybody, period. . E This is a civil action: which may be brought against gangs after criminal offenses have been committed by gangs. It has nothin: to do with identifying people standing on any street corner. With a11 due respect to Senator Raica, I'm one who believes that We i I 243  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 have to afford due process to everyone under our system of law . But this bill does afford due process. It's within the context of the Civil Code of Illinois, but it has nothing to do with arrests. I There was mention of the -- the resources available to our police i departments and that they do not have time to do the kinds of 1 tbings that were noted by that ordinance in the City. This does not affect police officers. This is action that may be brought by the State's attorney or may be brouqht by a municipal attorney . It does nok involve the arrest process. Furthermore, it requires that there be tWo or more criminal acts committed within the -- within a courseofconduct,withinayear. Atleastoneoffense 1 should have involved the solicitation to commit conspiracy, ; attempt to commit or commission of a felony under the Criminal ' j Code. Welre talking about civil damages against gangs. Not only do you have to prove the criminal activity, but you also have to prove that there was a gang involved, or gang members. So I think we need to separate this from the kinds of situations we're talking about of arrests and identification of people and breaking up groups, which are not involved in this bill: and the kinds of qang activity and crime that are attempted to be addressed by this bill. And I Would urge an Aye vote.

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

Thank you -- thank you, Madam President. Senator HaWkinson mentioned that this does not involve the arrest process. He's correct, but it may involve the investigatory process of the 1aw enforcement community. And just to respond to Senator Palmer's concerns that the police department in which she and I live in the City -- that police department serves us. I personally: as you I i knowe am a member of that police department, and I -- I assure I ; youp Senator, that not only the Chicaqo Police Department, but the j 244  STATE 0F ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 1aw enforcement community throughout Illinois would eagerly and enthusiastically find the time and the manpower and the resources 1 to enforce this Act. And we should just unanimously Bupport this i bill.

PRESIDING OPFICER: (SENATOR COLLINS) Further discussion? Senator Barkhausen, to close.

Madam President, Senator Hawkinson gave my closing remarks for me very effectivelyr and I urge your support.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 2154 pass. Those in favor will vote Aye. Opposed: Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 51 Ayes: 2 Nays, 2 voting Present. Having received the required constitutional majority, Senate Bill 2154 is declared passed. Senate Bi11 2155. Senator Barkhausen. Read the bill, please. END OF TAPE TAPE 6

Senate Bill 2155. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen.

Madam Presidentz Senake Bill 2155 is a measure that comes to ' I 245 ' j STATE OF ILLIHOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT loBth Legislative Day May 2l, 1992 us from the Department of Alcohollsm and Substance Abuse. It's an I agreed measure between that Department and the Attorney General's Office, simply saying that when the Attorney General makes grants, pursuant to money that it takes in from Statewide grand jury 1 prosecutions of drug offenses, that when it makes grants for purposes of drug abuse education, prevention and treatment, that E it shall consider the priorities established by DASA. And I urge ! your favorable roll call. PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Discussion? If not, the question is, shall Senate Bill 2155 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there a:e 55 Ayes, no Nays, none voting Present. ! Having received the required constitutional majority, Senate Bill 2155 is declared passed. Senate Bill 2159 was on the Recall List. . Senate Bill 2163. Senator Barkhausen. Read the bill. SECRETARY HAWKER : Senate Bill 2163. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen. SENATOR BARKHAUSEN: ' Madam President and Membersy Senate Bill 2163, abouk Which there has been some discussion on 2nd -- on 2nd Reading, is a product, as I've said, of several years' work of the Business Corporation Act Advisory Committee of the Secretary of State 's Office, b0th under former Secretary of State Jim Edgar and noW under Secretary of State George Ryan. The -- the bill will allow the formation of certain types of business entities that have a combination of the characteristics of corporations, particularly 246  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l: 1992 limited liability on the one hand: and partnerships on the other hand. I'd be glad to answer your questions. This bill has considerable support in both the legal and aceounting communities, and I urge a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator del Valle. SENATOR dEL VALLE: A point of personal privilege, Madam President.

PRESIDING OFFICER: (SENATOR COLLINS) State your point. SENATOR dEL VALLE: I'd like to welcome to Springfield the Pulaski Academy from Chicago. Theydre in the qallery.

PRESIDING OFFICER: (SENATOR COLLINS) Will our guests please rise and be welcomed by the Senate. Welcome. Senator Barkhausen, to close.

I urge your support.

PRESIDING OFFICER: (SENATQR COLLINS) The question is, shall Senate Bill 2163 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have al1 vo'ted Who wish? Take the record. On that question, there are 54 Ayes, no Nays: none voting Present. Having received the required constitutional majoriky. Senate Bill 2163 is declared passed. Senate B1ll 2167. Senator Davidson. Read the bill, please.

Senate Bill 2167. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Davidson. 247  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992

Madam President and Members of the Senate, before I discuss this billr it's kind of obvious that former legislators can't stand to be away from wherever all the action is. I'd like to present to you Secretary of State Georqe Ryan. George.

PRESIDING OFFICER: (SENATOR COLLINS) Welcome to the Senate.

Madam President, this is a bill from the Secretary of State's Office which makes technical changes, clarifies and improves current language regarding the issuance, suspension and the cancellation of driver's license permits and restricted driver's permits. The amendment which we put on yesterday removed the language which the Trial Lawyers and the Medical Society had opposition to At this time, I know of no opposition to the bill. I'd appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? . If not, the question is, shall Senate Bill 2167 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Having received the required constitutional majority, Senate Bill 2167 is declared passed. Senate Bill 2168. Senator Barkhausen. Read the bill, Madam. Oh, I'm sorry. That's on Recall. Senate Bill 2168 on Recall? Senate Bill -- Senate Bill 2168. It's on Recall? Read the bill: Madam Secretary. 2168. ...tmachine cutoffl... Apparently he didn't bring it back. It's not indicated on the Recall List, so it's not on Recall. So if he wishes to call the bill -- 2168. Read the bill, Madam Secretary.

Senate Bill 2168. 248  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 (Secretary reads title of bill) I 3rd Reading of the bill. !

PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen. '

Madam President and Members, I should say at the outset that Secretary of State George Ryan, who I believe has graced our presence here, has said that he Would be glad to accept the same favorable roll call tbat you gave him on Senate Bill 2163 just a moment ago. This legislationy however: is -- has been the subject, I think, of a little bit more heated discussion than the previous measure I sponsored for the Secretary of State. It has to do, of course, with the -- with the proposal to reduce the blood alcohol level at Which a presumption is created that one is driving under the influence, from the current standard of .10 that has been in effect in Illinois for some twenty-five years, down to .08. I don't think that probably any minds are going to be changed by what's said in debate, but let me just emphasize a couple of things. First is that contrary to some popular feeling, I thinky in some quarters, that this is notz by Secretary Ryan or any of the rest of us Who believe strongly in this measure, some campaign on the part of teetotalers to intimidate social drinkers, rather that it has been established through numerous studies, especially khose of the American Medical Association and the National Highway Safety Council, that the consumption of alcohol sufficient to achieve a .08 blood alcohol standard makes one a very serious threat behind the wheel of one's automobile, and that one simply should not be driving under those conditions. It has been established that the consumption of four drinks in the space of an hour by someone of average weight - an average that I exceed by some considerable amouht - the average weight of a hundred and sixty pounds in the short space of an hour is about what it takes 249  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 to bring one's blood alcohol level up to .08. And I think all of us would agree that that -- that is simply too much, and that someone who has consumed that amount of alcohol should simply not be getting behind the wheel of a car. I suspect the opposition that we 've heard from on this measure - it comes from two quarters. It's fair to say that there is some concern among the general populace that somehow feels that -- that their limited amount of drinking -- by their limited amount of drinking they could somehow be caught up in a Web of DUI prosecution. But in response to that, I would simply reiterate that it does take clearly an overconsumption of alcohol to bring one up to the .08 level. Also, we have heard opposition from those Who are, in one way or another, in -- in the booze business. And I think it's fair to say there that their concern is probably that the part of the population that does socially drink - and in some cases, probably drinks too much - will have enough fear and foreboding about the possibility of being caught up by a .08 standard that at the margin their consumption will be reduced to the point that the marginal sales of -- of booze might decline somewhat. I don 't know whether that's true or not, but certainly if there is the sort of overconsumption that we're talking about here, iE ought to stop, and we ought to be making our highways safer. At this point 1411 yield to others who might want to speak in favor of this, and kry ko answer questions from those who are opposed, but I would simply emphasize that what welre talking about here is a -- is a substantial public safety enhancement measure, and one that would curb very little, if at all, the rights of our citizens in this State.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Senator Jacobs.

Thank you, Mr. President -- Madam President. I -- you know, 250  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 I'm not sure if should start off With declaring a conflictz because Iz on occasion, will have a beer or two, so maybe I should do that first. Secondly, I might add that I'm not in the booze business, but I do have tremendous concern about the average John Doe citizen out there who has an occasional drink and who is the casual drinker, and that's who this bill affects. This bill does not affect the chronic drinker. In fact, I would like to ask the sponsor a couple of questions, I could.

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

Is it not true: Senator Barkhausen, that in Illinois, over the last two years, that the average of those drivers arrested had a blood alcohol content of over .17?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen.

I ean't tell you exactly what it is, Senator Jacobs, but it is alarmingly high, and it's Well above the .l0 level.

PRESIDING OFPICER: (SENATOR COLLINS) Senator Jacobs.

And does it not, on a national averaqe I think the State average is .17. The United States' average is .18. And I guess my question really lies from the standpoint of having been a former mayor, watching the police departments work for fourteen years, watching the the police department say, heyz you know, I mean, whenever I pick up somebody thatls right on the border or even a .l0 and theydre -- they just pulled into their driveway, and Ilve got to give that person a ticket and that person may not get his license back, not for the year that we say. In many instanees they don't get it back for many, many years. But my 25l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l08*h Legislative Day May 2l, 1992 real question is# does this bill in any way address those 1.7s and those 1.9s and the average 2.0 that are killed in automobile-related wrecks With DWIS or DUIs? Does this in any way say, ''Hey, wefre going to figure out some way to take care of the disease that is out there that causes these people to drink.'' Is there anything in this bill that will do that?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen.

In this...tmachine cutoffl...no. but there are a couple of other bills that do somewhat address that problem , which I also agree requires our more -- most serious attention.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs.

What we dre really doing is strictly enlarging the definition of a crime, and what wedre saying is regardless of your levels - if you 're a .20 or if youlre a .08 - you're going to be treated the same Way. And I think that that falls -- falls short of -- of the mark. Let me just make a feW comments in regard to the Secretary of State's Fact Book - DUI Pact Book - with the good Secretary being here. And what they have said is under our current blood alcohol content standard of .10, in 1989 in Illinois, the alcohol-related deaths declined twenty-five percent over 1988. Then it says in 1990 alcohol-related fatalities Were eight percenb lower than the previous year and twenty-five percent less than five years ago. Then even more encouragingly, the Secretary said that those under twenty years old, there were fifteen percent fewer alcohol-related fatalities and that seventy-five percent of those drivers who failed a breath test are at or above If we are getting people -- seventy-five percent of them are at .15, and we're not getting at those between 1 and 252  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 1.5, hoW in the devil do we think that We have the policing activity in order to qet those who may be at .082 just think that when you look at this whole picture, and even in the statistics that are used, if you use them properly, the difference between .l0 and .08, statistically those under .08, which includes a11 of them, there is only a .06 percent more problem With those drivers than there is with a completely sober driver. So I think that what We're really doing here is not attempting to resolve a problem. We 're all for getting drunk drivers off the road . This is not a drunk driver issue. This is a political issue. This is motherhood and apple pie and it's reelection, George. I'm sorry, and God bless you, but I think I ask for a No vote.

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

Thank you: Mr. -- Madam President, Ladies and Gentlemen of the Senate. I rise in strong opposition to Senate Bill 2168, and I would ask the Membership: please don't be drummed into support for a proposition that will literally - literally criminalize, appears, the activity of many of our Illinois citizens and our constituents. And the fact of the matter is, I have told some of the restaurateurs who have been in and around Springfield over the past few weeks concerned about tax increases or more money being foisted upon their patrons for taxes to support whether it's Mccormick Place or a civic center or something - I said the one you really ought to Worry about is the proposal to lower the presumption from .1 to .08, because literally what youere doing is youlre aiming at that segment of society who indeed enjoys a night out at a good restaurant and has a bottle of wine or a couple of drinks. And we really ought not do that, because, as Senator Jacobs pointed out, the statistics are otherwise. Sixty-four percent of all the fatal injuries that we are concerned about - 253  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Ma# 1992 and we have a right to be concerned about them - have been found to have a blood alcohol content in excess of .l5 - .15. And Wha: we're dealing with here, and What we dre aiming atz and what the 1aw is aimed at, is impairment. And I think it's been scientifically established that we have set a presumption of impairment at not conclusive - a presumption. And think that's scientifically sustainable. To lower to .08 and to iollow some drumbeat just because California has done this, and two or three other smaller states have done this, simply is noty in my judgment, in the best interest of our citizens, our constituents. Certainly is not in the best interest of those small business owners who happen to own a restaurant. This is aimed specifically at the constituent who is, indeed. a social drinker, and you're going to say, ''You can't do it or you're going to be a criminal.'' I would urge a No vote.

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

Thank you, Madam President. attempted to put a amendment on this bill that Would have -- had two Breathalyzer tests given to a person who was accused of driving under the influence. When we lower the blood alcohol content: then there is more -- there's a fallibility of the Breathalyzer test itself. And therefore, I was khinkin: that with two Breathalyzer, that we would be more able to say that this person has .08 or lower. There is a gap of fallibility wikhin Breathalyzer tests, and I wikh that, cannot see myself voting for this bill, and would urqe a No vote.

PRZSIDING OFPICER: (SENATOR COLLINS) Further discussion? Senator Cullerton.

Thank you, Madam President, Members of the Senate. I am a co-sponsor of this bill with Senator Barkhausenz and recently I 254  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 attended a hearing with Secretary of State Ryan with regard to the hard-core drinker, and, indeed, was a result of that study that it's truly the hard-core drinker, the one who is over Who is the one that's causin: most of the fatal accidents. But that's not relevant, in my opinion, to What this bill is a1l about. It's true don't want to exaggerate the bill. About four percent of the people who are stopped and take this Breathalyzer test are between .08 and l.0 <sic>. It's only about four percent. So it shouldn't be exaggerated. But tbe fact is those people are impaired. There's no question that they dre impaired. As a matter of fact, impairment probably begins at .05. And that's why, in the 1aw today, you can be arrested if -- if you blow over .05. It's only that the presumption starts at .10. NoW -- so I Would argue that we're not really enlarqing the crime; we're just lowering the presumption. We're expanding the presumption to where it ought to be. Now remember also, when someone is arrested for drunk driving the first time, as a practical matter, in Illinois, they get no conviction the first time. There is a hard suspension. They they lose their driver's license for one month. They can ask for a judicial driving permit for up to three months or up to six months, but they do not have to go to the Secretary of State and get an exemption. The first arrest, you get supervision and you do not lose your license for more than one month. NoW the other thing that's important to consider, is that people can't just be stopped, with the exception of some roadblocks, which is not done on a exEensive basis, but there has to be probable cause to stop people. There has to be some reason to believe that this car is -- is weaving or in -- giving the police officer some indieation that they ought to be stopped. NoW with regard ko the two Breathalyzers, I proposed a compromise that was not accepted. This was with the Illinois State Bar Association and with Secretary of State Ryan. Since we are 255  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 proposing that this level go from .1 down to .08, maybe for that group of people we should have the two Breathalyzers, and do it for two years and see what happens. If the second Breathalyzer ' test is right on with the first one, then we don't need the two Breathalyzers. If it's Wildly out of sync with the first one, then we ought to have two Breathalyzers for everybody. And unfortunately, both sides felt that they didn't have to compromise at that point, and Wefll find out in a few minutes Whether or nok there's a need to compromise, but it's a suggestion that I think is a reasonable one. But coming back to the main point, even though this only affects only about four percent of the people who Will be stopped, the fact is that When someone's driving at .08z they're impaired, and they ought not to be driving.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Schuneman. SENATOR SCHUNEMANI Thank you, Madal President. I think Senator Cullerton has made some excellent points. Impairment begins much before you reach the .08 level, and the fallacy that some Would have us believe that, ''Oh, I had a -- I had a beer and I got picked up for drunken driving'' - that's nonsense. Impairment begins much before .08. The other thing I tbink it's important to note here is that some of these people who are picked up the first time and get court supervision and are not, in factz recorded on the Secretary of Statefs'records as having a drunk driving violation may, in fact, have been guilty of drunk driving, but were no* convicted by the court because the court put them on court supervision, and that does not become a part of their driving record. So I think the -- the opponents to this bill are perhaps pleading the case a little koo loudly, because I think that this is a reasonable approach, and we ought to support it.

PRESIDING OPFICER: (SENATOR COLLINS) i 256  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Senator Barkhausen, to close.

Madam President, in closing, it was mentioned in debate that we shouldn 't do something simply because California and a few other states have done it# and yes, that's true in many cases, but we can learn -- because of a study done by the National Highway Traffic Safety Administration, we can learn from the experience of California, which in the year after it adopted a .08 blood alcohol standard, experienced a reduction of twelve percent in the number of traffic-related deaths. NoW in 1990 in Illinois, there were seven hundred people killed in Illinois as a result of alcohol-related crashes. So if you took twelve percent of seven hundred, that translates into eighty-four lives that we could save according to the National Highway Traffic Safety Administration by the adoption of this -- of this measure. So I ask you in voking on thise and hopefully in supporting it, to think of those eighty-four lives in Illinois that We might save next year.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 2168 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted Who wish? Have all voted who wish? Take the record. On that questionz there are 25 Ayes, 25 Nays -- 29 Nays, l voting Present. Having failed to receive the required constitutional majority, Senate Bill 2168 is -- the sponsor requests Postponed Consideration. We -- Senate Bill 2159 was on the Recall LisE. No, 2159 on Ehe Recall List, buE Ehe bill was not amended. The sponsor did wish his bill called. So we will go back to 2159. Senator Marovitz.

Senate Bill 2159. (Secretary reads title of bill) 3rd Reading of the bill. 257  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 PRESIDING OFFICER: (SENATOR DEMUZIOI' Senator Marovitz.

Thank you, Mr. President, Members of the Senate. This bill was put toqether by DCFS, the Juvenile Court, Legal Aid, Chicago Bar Association, to deal with the problem of abuse and neglect of juveniles. Large group of people have been meeting for the last six months dealing with tie juvenile justice system and juvenile justice expert to reform some things that are going on in juvenile court. No expenses, no costs, but dealing with the legal system there. They are still meeting and getting the report together, so we would like to move this bill just as a vehicle, with no substance in it. And when that report comes down, this bill Wi11 be coming back and embodied in it will be an agreement, and if there is no agreement, there will be no bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 2159 pass. Those in favor will vote Aye. Those opposed: Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 53, the Nays are noner none voting Present. Senate Bill 2159, having received the required constitutional majority, is declared passed. 2169. Senator Raica. Madam Secretary, Senate Bills 3rd Readinq, Senate Bill 2169.

Senate Bill 2169. (Secretary reads Eitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica.

Thank you, Mr. President and Ladies and Gentlemen of the 258  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Senate. This is an initiative again, by the Secretary of State's Office. Senator Cullerton did touch upon it rather briefly. This bill targets multiple offenders by requiring a scale of mandatory amounts of community service, based on the number of offenses. The first conviction would result in a minimum of thirty days' community service. The second offense would result in a minimum of sixty days, and subsequent offenses would result in a minimum of ninety days' community service. These minimum terms shall not be suspended nor subject to reduction by the court. Additionally, the prosecutors have informed us that they regard the one-in-ten-years, rather than the one-in-five-years supervision requirement a most important deterrent to a DUI driver -- or drunk drivers. This provision will help to ensure that offenders are punished as they should be and not allowed to continue -- be a continual risk to society, and I just ask for its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is# shall Senate Bill 2169 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Have all voted who wish? Take the record. On that question, the Ayes are 52, the Nays are none, none voting Present. Senate Bill 2169, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading, Senate Bill 2170, Madam Secretary.

Senate Bill 2170. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Mahar. SENATOR MAHARI Thank you, Mr. President. This is another of -- Secretary of 259  I STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 ' State's DUI legislative package. Senate Bill 2170 amends the Illinois Vehicle Code to require persons convicted of driving I under the influence while transporting a person age sixteen or under to pay a minimum five-hundred-dollar fine and serve five days of community service. The bill also requires a second time DUI offender to pay a minimum five-hundred-dollar fine and to serve ten days of community service. Under the 1aw now, it only - - the 1aw only stipulates a maximum thousand-dollar fine, so this - - this provision would also require a minimum five-hundred-dollar fine. And the law currently has community service for the second offense, and this bill would require it for the'first and second offense. And I Would ask for your favorable vote. PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Discussion? If not, the question is, shall Senate Bill 2170 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have all voted who Wish? Have al1 voted who wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 54, the Nays are 1, none voting Present. Senate Bill 2170, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 2171, Madam Secretary. SECRETARY HAWKER: Senate Bill 2171. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen. SENATOR BARKHAUSEN : Mr. President, Senate Bill 2171 makes Illinois' drinking age uniformly at twenty-one years of age. However, under present law, a person has been guilty of a petty offense if he knowingly permits two or more persons under the age of eighteen, rather than 260  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l: 1992 twenty-one, to consume alcoholic beverages at his or her residence, and this bill would raise that age to twenty-one. But at the same time, as a result of Amendment No. 1, it would create two exceptions: number one, if the person occupying the residence is a parent or legal quardian of a person under the age of kwenty-one and allous the -- and allows the possession or consumption of alcohol in moderate amounts by his or her child or ward; or number two, if the parent or legal guardian of a person under the age of twenty-one is present and gives permission to the occupant of the residence for the possession or consumption of alcohol in moderate amounts by his or her child or ward. I ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall Senate Bill 2171 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have all voted who Wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. Senate Bill 2171, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 2177, Madam Secretary.

Senate Bill 2177. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

Thank you, Mr. President. This is part of a two-bill package with Senator Woodyard 's bill. What this bill does noW is extend the fees that are currently in existence for the registration of pesticide products, commercial applicators' licenses, pesticide 261  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leqislative Day May 2l, 1992 dealers' registration and agrichemical facility registrations fees up until December 31, 1993. I'd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Discussion? If not: the question is, shall Senate Bill 2177 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted Who wish? Have al1 voted Who wish? Take the record. On that question, the Ayes are 55, the Nays are none, none voting Present. Senate Bill 2177, having received the required constitutional majoritye is declared passed. Senate Bills 3rd Reading, Senate Bill 2178. Madam Secretary.

Senate Bill -- Senate Bill 2178. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Alexander.

Thank you, Mr. President. Senate Bill 2178 amends the Code of Civil Procedure. It establishes an emergency addiction procedure from public housing units. It does provide, in accordance with civil rights, due process, with the defendant receiving noticer an opportunity to be heard on the preponderance of the evidence presented. It requires knowledge and complicity on the part of the defendant in the trafficking of dope upon the premises. I ask your Aye vote. I Will answer questions if there are any.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill -- Senator Hawkinson. I beg your pardon.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DEMUZIO) 262  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2ly 1992 Indicates she will yield. Senator Hawkinson.

Senator, in committee, I asked the question regarding the -- the question of guilty knowledge by the tenant before they should be removed from their apartment, and my concern that I expressed at that time - and I thought you were going to deal with, and I -- and the analysis doesn't seem to indicate that you did that a tenant could be removed not only if he or she knew, but if they ''should have knowno'' Is there any definition of that, or is it a straight negligence standard or -- we lre going to kick people out of their homes just if we say, after the fact, that they should have known? Or are we doing to have some tight standard in here that -- that they had some notice? And I thought you Were going to put an amendment on to say that ifqyou couldn't show that they actually knew this activity was going on, you were going to at least try and show that someone had told them or there was some evidence that -- that they knew and that you Weren 't going to be taking people out of public housing and making them homeless just on some after-the-fact standard that they should have known. PRESIDING OFFICERI (SENATOR DEMUZIO) Senator Alexander.

To Senator Hawkinson: I have placed on your desk a copy of the amendment that I had put on yesterday that I felt complied with the request of the committee. On page 2 of tbat amendment, said that the complaint must state that it's with the knowledge, consent of, or in concert with, person or persons named in the complaint that this action now is taking place. And if this does not suffice - and I thought you would have come to me before now and addressed With me - then We'll have to address this over in the House Where the bill -- if you Will permit it to get out of here. 263  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 PRESIDING OFFICER: (SENATOR DEMUZIO) j Further discussion? Senator Hawkinson. No further I discussion? Senator Alexander may close. ! ' SENATOR ALEXANDER: I ask for an Aye vote on this piece of legislation. PRESIDING OEFICER: (SENATOR DEMUZIO) Question isz shall Senate Bill 2178 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted Who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. Senate Bill 2178, having received the required constitutional majorityy is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bill 2179, Madam Secretary. SECRETARY HAWKER: Senate Bill 2179. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. Senate Bill 2179 requires the State Board of Education to develop rules governing the qualifications of teachers and school personnel Who provide services to limited English-proficient students. It also requires an annual determination of the number of special ed students with limited English proficiency and also adds bilingual education subcommittees to the Advisory Council on Education of the Handicapped Children and the Advisory Council on Bilingual Education. PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 2179 : 264 L .  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 42, the Nays are none voting Present. Senate Bill 2179, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading, Senate Bill 2181, Madam Secretary.

Senate Bill 2181. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Sehaffer.

Mr. President and Members of the Senate, this bill: as amended, would provide that utilities could only assess franchise costs to municipalities, with franchise fees that exceed in excess of two percent of the revenues generated within that municipality. In essence, what we're trying to do here is to prevent a particular or any municipality from somehow entering into a franchise fee with a utility that would be paid for by people who do not live within the boundaries of that municipality. By putting a -- the two-percent ceiling in there, -- we are, in effect, allowing the many small franchise agreements that the municipalities may have with various utilities for the lights in city hall or whatever. This is to accommodate the utilities concerned about an incredible amount of paperwork. This bill with that without that amendment but in similar form, passed the Senate last year, and unfortunately, did not clear the House.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Discussion? If not, the question is, shall Senate Bill 2181 pass. Those in favor Will vote Aye. Those 265  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21e 1992 opposed, Nay. The voting is open. Have a1l voted Who Wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 55, the Nays are 1, none votinq Present. Senate Bill 2181, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading, Senate Bill 2183, Madam Secretary, please.

Senate Bill 2183. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.

Thank you, Mr. President. Senate Bill 2183 Would provide or create an income tax credit for corporate taxpayers who establish or expand a recycling business located in now a current existing enterprise zone, equal to the cost of the machinery, the equipment, and also up to twenty-five percent of the expenditures for the public education that would be involved. With the closing of landfills in -- noW in Dupage - two landfills that cannot be used, apparently, any further would think Ehat this would be a very important bill for us to pass. There are other states that have this. Answer any questions that you might have, and ask for your Aye vote to pass this bill.

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

Question of the sponsor.

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

Well, I want to make it clear what we are voting on here 266  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 today. First of all, this is a facility located within an j enterprise zone. Is that correct?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.

That means a11 the bricks and mortar that...

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator...

You are correct. This would only be for anyone who established this, or in the case of perhaps one that exists, expanding. So any new capital that goes into the existing or new facility would be covered by this. I don't know that there are any that exist currently. And in our area, the West Suburban Munkcipal Conference, probably the Northwest. everyone has a problem With where to take the garbage afterward. This is a total recyclable operation, nok a burn unit included.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Riqney.

Well, I was just starting to point out What the advantages are here. First of all, there'd be no sales tax on their equipment and -- and buildings and so forth. I assume they probably also got some type of a property tax exemption for being within the enterprise zone. And now wedre going to give them a hundred percent credit - investment credit - on the profit off of that operation - is that what khis proposes to do?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.

Could the...

PRESIDING OFFICER: (SENATOR DEMUZIO) 267  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Senator Welch. I

Could the Gentleman restate his question? I was trying to I i read your lips, but there's a guy talking with his hands between uS .

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rigney. Senator Rigney.

What I'm pointing out to you: Looks like that if you're in this business, you Won't pay any -- probably any property tax for ten years; you won't pay sales tax on any of your building and equipment; and now, you're not even goinq to pay any income tax. Sounds like quite a deal, but you know, I guess maybe we have to ask when enough is enough, and frankly I think wedve overdone it here a little bit.

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

I rise, not to announce I have a conflict, because I don't have any conflict of interest on this, but I Would like to rise to help Senator Leverenz. If anything, this would be in opposition to my interest - if I had any interest - on the bill. Nobody makes any money at recycling. There is no one anywhere in any part of recycling'who makes any money. So, kiddingly, we don't have to worry about a tax credit on them making a profit. If they make fourteen cents finally at the end of the year, we probably ought to give it to them . The reason people don't want to get in this business, is 'cause no one makes any money at it. So we ought to at least try to make it possible. Because if you yant to save your residents' money, it's an awful 1ot cheaper to give them a small tax credit there, than to pay somebody fifty dollars a ton I to dispose Of the same Wasteg when you can probably get it done 1 268  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 recycling for half that. Again, if anything, Ifm rising in opposition to my own interest, but I don't have any interest in this area. But for the amount we're talking about, this really is not a bad idea, and we are trying to get some growth in the enterprise zones. Give 'em a shot; we :ot nothing to lose. PRESIDING OPPICER: (SENATOR DEMUZIO) ' All right. Further discussion? Senator'Welch. ! SENATOR WELCH: ! Thank you. What this is going to do is to encouraging -- encourage a recycling facility to expand. Senator Rigney, on Earth Day, Governor Edgar announced that he is proposing a ban, effeckive in two years, on cans and bottles and other things going ko landfills. Where are they going to go? They have to go to a recycling facility. We have to encourage recycling, but with bills like this. I've got a bill that I passed last year, and Governor Edgar signed, that he agreed With me, that said that you can 't put white goods in the landfills - refrigerators, stovesg freezers - you had to take out the freon, you had to take out the mercury switches. The bill was in effect for one year. We couldn't get any recyelers to get interested in it to create the business of recycling those items from refrigerators, air conditioners and stoves. We had to delay the bill two years. Now Governor Edgar has a bill that he's proposing that says in two years we dre going to ban certain items from landfills. ïou have to recycle them. You talked about tax breaks in an enterprise zone - Ehose breaks are available to everybody in the enkerprise zone. A ten-year real estate tax break - that's not in this bill. That's what the enterprise zone and the people in that community want. This is going to be a very, very minimal reduction in the I State budget, but it may end up saving the State a lot of money. It'11 save cities a lot of money, because of the landfill cost of carting it down to Senator Keats' landfill. So I think this is a 269  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 good idea. I think it's a good bill, and I think we should support it.

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

Thank you, Mr. President, and even for the advice and comments on both sides of the aisle. The bottom line is that there must be an opportunity to make something work in business, have an incentive, or be able to visualize having it work. And the only reason We don't have these things is that people don't visualize being able to make it work, or the capital outlay is so great that they cannot see an advantage in the long term. We all need these; our l#ndfills are closing. Everyone Wants to ban everything in sight from being put into the ground. The bottom line is, sixty-five percent of al1 businesses in the State of Illinois have no tax liability at all. So they may make fourteen cents at the end of the year, and that might be in the fourth, fifth, sixth or eighth year. I would ask for your Aye vote, so that we can accomplish attracting someone that would do these things in the noW existing enterprise zones. I ask your Aye vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 2183 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted Who Wish? Have a11 voted who wish? Have al1 voted Who Wish? Take the record. On that question, the Ayes are 33, the Nays are 2l# l voking Present. Senate Bill 2183, having received the required constitutional majority, is declared passed. Top of page 20. 2197. Senator Karpiel. 2197, on the Order of Senate Bills 3rd Reading, Madam Secretary.

Senate Bill 2197. 270  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Karpiel.

Thank you, Mr. President. This is the Illinois Funeral Directors Association's Licensure Act. It does three things that are different than the present Act. It requires twelve hours of funeral directing continuing education, instead of twenty-four. I mean -- it's twenty-four, instead of the current twelve. The Code clarifies that licensed apprentices can make removal of remains on their own. And the bill extends the sunset review until the year 2002.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 2197 pass. Those in favor will vote Aye. Those opposedy Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. Senate Bill 2197, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 2200, Madam Secretary.

Senate Bill 2200. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Savickas.

Yes, Mr. President, Members of the Senatez House Ksic> Bill 2200 would exempt vehicles that are registered on a proportional basis from provisions authorizing local governments to impose 27l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 taxes under the Municipal Code. Basically this is a product of the Illinois Trucking Association that claimed that there are a few local government units that are continuing to charge taxes for these interstate vehicles. Some of the local governments - Chicago obviously the largest - have an ordinance prohibiting a local tax for proportional vehicles. These vehicles, under federal lawy are taxed where they are registered, and what does happen is as these trucking companies get taxed locallyz they go in court and they win it because of the federal provisions. That's a11 it is. I would appreciate your vote on it, and let's move it out.

PRESIDING OFFICER: (SENATOR DEMDZIO) Discussion? If not: the question is, shall Senate Bill 2200 pass. Those in favor will vote Aye. Those opposed: Nay . The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 49z the Nays are 3, l voting Present. Senate Bill 2200, having received the required constitutional majority, is declared passed. 2201 was on the Recall List this morning. 2211. Senator Jacobs. On the Order of Senate Bills 3rd Senator Maitland, 2215? On the -- 2215? Al1 right. Senator Maitland requests -- on the Order of Senate Bills 3rd Reading is Senake Bill 2215, Madam Secretary.

Senate Bill 2215. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

Thank you, Mr. President. Senate Bill 2215 makes a number of -- of appropriations, and transfers to a number of State agencies, 272  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 most of which have been around for some time and wedve talked i about those. Senator Carroll added an amendment the other day that had a net impact of -- of five million dollars and some transfers of about nine million dollars. In addition, Senator Etheredge had one that increased the authorization for ISAC. The net result of Senate Bill 2215, as presented today, is a hundred and twenty-five million four hundred and twenty-two thousand in General Revenue, for a total of four hundred and forty-seven thousand nine hundred and forty-eight dollars. I respect your favorable considerationy and would be happy to answer any questions you might have. PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Rock. SENATOR ROCK: Thank you, Mr. President. I rise in support of this. This is the supplemental for this fiscal year. We'll argue about next fiscal year, I suppose, next week, but I think this is absolutely essential that we get this over to the House and 1et the process continue. And I would urge an Aye vote. PRESIDING OFFICER: (SENATOR DEMVZIO) Further discussion? Senator Carroll. SENATOR CARROLL: Thank you, Mr. President, Ladies and Gentlemen of the Senate. 1, too, rise in support of it. I think even though the Governor does not want a Piscal '93 budget, we should end up With a Fiscal '92 budget in place. So I would urge that We pass this. PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 2215 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have al1 voted who wish? Take the reeord. On that question, the Ayes are 55, the Nays are 2, none voting Present. Senate Bill 2215, having received the required constitutional majority: is declared passed. 273 ' k  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 i Senate Bills 3rd Reading, Senate Bill 2218, Madam Secretary. SECRETARY HAWKER: Senate Bill 2218. (Secretary reads title of bill) 3rd Reading of the bill. ' PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGELIS: Thank youz Mr. President. Senate Bill 2218, as amendedv abolishes the Cook County Regional Board of School Trustees. As amended, it transfers those duties to the township treasurers. Initially the bill called for the duties to be given to the State Board of Education. The Cook County Board -- Regional Board of School Trustees is probably the least known and one of the most obnoxious boards of elected officials ever known to man. Let me give you a couple of examples of some of the things they have done. Their primary function is to deal with those issues of detachment and deannexation. Over a five-year periodz they could not qather enough of a quorum, or, in fact, arrive at a decision regarding a litkle section that requested detachment. After we passed 1191 last year to deal wiEh Ehat bill -- with that problem, they refused to comply With the law. In November a person Was elected; they refused to seat hlm. And recently one of their own members resigned his office out of disgust. I urge the passage of Senate Bill 2218. PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Is there discussion? Senator Topinka . SENATOR TOPINKA: Yes. Mr. Presidenty Ladies and Gentlemen of the Senate, I Would concur with Senator DeAngelis that this has to be one of the most useless boards in existence with very limited functions that could easily be taken over by some other jurisdiction. I'm kind 274  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 of distressed that the amendment got on which transferred this to the township school trustees, because next to the Regional Board of Education - another useless group are the toWnship school trustees. So in effect we've transferred one useless board to another useless board, and I would hope that in the House we could just take care of this and give it back to the State Board of Educationz as this was -- was written originally. But that can still be in the House. Right now, I think we really do have to get rid of this board. It is more than obnoxious. It stands for nothing. Let's do the public a favor and get rid of it.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If notr Senator DeAngelis may close. The question is, shall Senate Bill 2218 pass. Those in favor will vote Aye. Those opposedy Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 53, the Nays are nonez none voting Present. Senate Bill 2218, having received the required constitutional majority, is declared passed. Senate Bill 2225. On the Order of Senate Bills 3rd Reading, Madam Secretary. SECRETARY HAWKERI l Senate Bill 2225. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you, Mr. President. Ladies and Gentlemen of the Senate, Senate Bill 2225 is, at this moment, merely a shell bill, and it is Eo be utilized for *he purpose of finalizlng, formalizing, and putting into statutory language, the Memorandum of Understanding between the Mayor of the City of Chicago and the Governor of 275  STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leqislative Day May 21, 1992 Illinois, which they signed on the 20th day of February, 1992. I Entered into to evidence their commitment to and provide the basis for their joint efforts to develop a new air carrier airport - khe Lake Calumet Airport - on a site described in exhibit 11-1. The Memorandum of Understandin: - which I'm sure virtually a11 the Members have seen - goes on to recite that the Mayor and the Governor agree to proceed as quickly as possible to take all actions necessary and helpful to the planning, development, construction and operation of a new airport at the Lake Calumet site. The agreement further says that the Governor shall use his best efforts to obtain an enactment of State legislation to establish the authority on the terms contemplated herein, and that by executing this Memorandum of Understanding, the Mayor and the Governor have agreed to cooperate with one another in good faith, and work diligently toward the completion of the Lake Calumet Airport as soon as is reasonably practical. What's happened is that the -- the Mayor of the City of Chicago and the Governor of Illinois have each been, in my judgment, a little preoccupied - the Mayor with the flooding catastrophe in the Cityz and the Governor obviously with the budget, Which he had to delay a monthr or delay his message a month to try to construct. And the facE ise there are tWo drafts currently sitting on the table - one from the City and one from the Department of Transportation, and they've not yet meshed. I have assiduously worked and encouraged them to work to get it together. I would ask that this bill be sent to the House so that when it comes back it will reflect - can reflect - that Memorandum of Understanding between the Chief Executive of Illinois and the Chief Executive of the City of Chicago. I fully understand Senator Philip's opposition to the site, as selectedr but I suggest that we are better served to have this vehicle alive and well, so that we can deal with the question of the substantive amendment when it comes before us# and I Would solicit an Aye 276  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l08kh Legislative Day May 2l, 1992 vote.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. And let's get one thing clear: I am absolutely for a third airport. certainly have been convinced by experts that the Mayor and the Governor have picked the absolutely worst location, for a 1ot of reasons. I1m not going to :et into those reasons. But let me say this: The Mayor sent down an eighty-seven-page bill that was unacceptable to Senator Rock. The Governor countered With I don't know hoW many pages, and nobody can agree on what the commission should be at Ehis point. I1m not sure if theyfll ever agree. And the excuse theydre using to pass this bill, éithout any public hearings or input -- and I have taken more time than I've ever wanted to, visiting the Hegewisch area, than every thought I would. And -- and very honestly, they do not need a commission at this point, because they have not gotten their permits. They have to qo through the federal permit system - khrough the EPA, the FAA - and fact is, they have to change the federal statukes to get Eheir permits. I think they Ire going Eo have a very difficult time doing that. The experts that I talked to tell me that they don't believe theyfll ever get their permits. It's unnecessary. It's untimely. There's no reason We have to do it today, tomorrow, and if you're going to do it, we should have some public input. 1111 tell you one thing that scares me about this system that we are running under these days: every time I turn around, it's another shell bill. Absolutely no public input. Whether you agree with the people from the Hegewisch area, the Lake Calumet area or not, at least they ought to have the right to come down here and disagree with us on the commission and the location of that airport. And I certainly would ask everybody 277  STATE OP ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 with a little common sense and judgment to say No.

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

Thank you, Mr. President. Since this is my district which we are discussinq, I'd like to take this opportunity -- I'm sorry wasn't on hand, Senator Philip, to welcome you to my district, but I think, too, as Senator Rock, that wefre goin: to have to pass this bill. But I want to urge the people from the City of Chicago and the Mayor, in particular, to at least call and give me some input as to what is going on, and I would appreciate that. Thank you.

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

Thank you, Mr. President. have some very serious questions about this airport. And like Senator Brookins, those of us who live on the Southeast Side of Chicago would have appreciated some discussion, at least, to 1et us know what was golng on, but be that as it may, I would like -- I also am in support at some place of a third airport. Buk I1m concerned about something in particular, and I wonder if the sponsor would please yield for a question.

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

I have received information that says this document and agreement would include extraordinary powers of eminent domain and quick-take in a ten-mile radius around the proposed airport site, which I understand begins at the north end around 98th Street and the Lake. Now, if that is the case if that is true - it would therefore put in jeopardy some of the most stable African-American 278  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 communities in the State. And I'm speaking about Chatham Avalon, Pill Hill, and a number of other communities, not to mention the oldest Mexican community in the Midwest. I'd just like to knoW if those features are still in this document.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

I think it's fair to say, Senator, that the description of the area involved is, I think, pretty well agreed, and my recollection is that it goes from roughly 96th Street on the -- on the north and -- and bordered by 1-80. The question of eminent domain Within a surrounding area was found objectionable by many in the -- in the negotiating process. My judgment is that Will not be in the I - - in the amendment that -- that we finally see. No. 1

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Palmer.

Will the sponsor yield for another question? Senator Rock: : could you kell me, then: if thak is not the current eminent domain and quick-take policyr could you tell me What the proposed policy is?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock. I SENATOR ROCK: i Well, I -- I would like to, except there 's no agreement on the proposed policy. I have -- I have ''suggestedv'' I guessr is the word, to -- to b0th sets of negotiators - both the Secretary of Transportation of the State of Illinois and his peoplez and the 1 Mayor of Chicago and his people - that I -- they Would be better served to try to effect this Memorandum of Understanding by coming to an agreement that reflects this Memorandum, and to go beyond it simply is not going to serve anybody's interest. And so I think 279  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 I it's fair to say that there is no agreement yet on that. My dilemma is that -- that I have agreed to attempt to promotez if you Will, to carry the legislation that reflects their Memorandum of Understandingy which was entered into without any input or discussion with me. I am told that there were many, many public hearinqs with respect to the proposed site, but I was not - Senator DeAngelis can probably answer - I Was not a member of the site selection group. They held a number of public meetings. I know the Mayor's Office held another -- number of public meetings. All this is intended to do is to set up that commission that the Mayor and the Governor agreed to, which will afford them - them , the Mayor and the Governor - the shared responsibility of moving this forward. And I might say, while I'm upz that Senator Philip ls representation that they haven 't even got the permits yetr that's the purpose of this: that it is to be a joint effort to go to those agencies for the proper permits. But that's the commission's responsibility; it ts not the responsibility directly of either the Governor or the Mayor individually. And so, a11 I'm asking is that I think we are better served to have a Senate vehicle that will reflect this Memorandum of Understanding, if indeed they ever get together, and if they don't, you can be sure that there's -- it's certainly not going to pass here.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Butler. SENATOR BUTLER: ' Thank you, sir. I guess many of you know my interest in airports, and I am particularly interested in a third airport, because I agree With Senator Philip, it is desperately needed. The area of the O 'Hare -- or rather the operation of O 'Hare is getting an almost stranglehold. But, Ladies and Gentlemen, this kind of action is exactly what we don't need. I joined Senator Philip and other Senators Saturday in a tour of the area: and Ladies and 280  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Gentlemen -- or that was Friday. Ladies and Gentlemen, it'd break your heart. It really would. I invite a11 of you to go out there and see nine thousand homes -- nine thousand families that are goin: to be moved - their homes destroyed. The picture has been painted that that's kind of a blighted area. You knowr write it off, because it's not worth saving. It is worth saving. It is as fine a neighborhood as any of us would enjoy living in. So we sbould move cautiously . This is the largest public works effort ! in decades, and perhaps this century. And yet we seem to be i slamming along. 0ne of the things that the people in Hegewisch, in particular, said to us last Friday, was that they have begged for a meeting with the Mayor of Chicago; they have begged for a meeting with the Governor, but have been refused. And as Senator Philip pointed out, they ought to have the courtesy at least of being listened to. The Memo of Understanding that Senator Rock alluded to -- I invike a11 of you to get a copy of that, and then really come to the conclusion that that thing means anything. It is a -- it is a sham at best. And so I would urge that we keep control of this situation close to us, and not let it drift away into a commission or anythin: else until that site has been settled down. We've got nine thousand people, and as one of the Senators said - or nine thousand homes - and one of the Senators I i said Saturday, 'That would be my entire town.' And that's what i we 're doing - wedre uprooting nine khousand families. They ought i to have a chance to be certain that we have given it every bit of consideration we possibly can. I would urge you to vote No on this.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 28l  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Well, durin: the course of the day we have sent out of here a number of vehicle bills with the express understanding of the purpose for which they were to be used. I have made no bones about the fact that this bill is to be used to reflect the Memorandum of Understanding entered into by the two Chief Executives in this State and City. I don't know that, Senator Butler, that those questions have even been adequately addressed yet. I certainly am not prepared to stand here and tell you that the -- the town -- or the Village of Hegewisch is to be abolished under this proposal. But I khink what -- what -- the other thing you said is very meaningful. This is probably one of the biggest single public works projects in the history of this Statey certainly, and we ought not lightly dismiss it. And so while we have five weeks remaining in this Legislative Session, it seems to me in our best interest - and certainly in the best interest of the Governor of Illinois and the Mayor of the Chicago - to move this vehicle along, knowing full well that before there is final action, we will have a great opportunity to debate the merits. And I suggest, as I have suggested to my friend, Senator Philip, on a couple of occasions, that the arquments that he puts forth were better put forth before the site selection committee, With Which I had absolutely nothing to do, although I think a couple of your Members did. And so I would ask you: please send it out of here, so that we can move this forward.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Btll 2225 pass. Those in favor will -- will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have a1l voted Who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 23, the Nays are 24, 8 -- 8 voting Present. Senate Bill 2225, having failed to receive the required constitutional majority, is declared lost. A11 right. We'll now, With leave of the Body, go 282  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 to the Order of Recalls. I understand they've a11 been passed out. They dre on your desk. With leave of the Body, wefll go to page 3, 1468. Senator Jones seeks leave of the Body to return that bill to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of ' Senate Bills 2nd Reading is Senate Bill 1468, Madam Secretary.

Amendment No. 2 offered by Senator Jones.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones. . I

Yeah. Thank youz Mr. President. Amendment No. 2 is the amendment that was suggested by Senator Davidson: and it includes chiropractors in the referral clause of the bill, and I move its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones has moved the adoption of Amendment No. 2. Is there discussion? If not, those in favor Will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No . 2 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1526. Senator Welch seeks leave of the Body to return that bill to the Order of 2nd Reading for the I purpose of an amendment. Is leave granted? Leave is granted. On I q the Order of Senate Bills 2nd Reading is Senate Bill 1526, Madam Secretary. '

Amendment No. 2 offered by Senator Welch.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. 283  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

Thank you, Mr. President. What this amendment does is amends the bill by adding an additional option to schools to enter into guaranteed energy savings contracts for up to ten years in duration. What the language does is lets school districts upgrade and install cost-saving energy efficient measures when other State and federal funding sources are not available. This Would allow for school districts to enter into agreed contracts with companies guaranteeing them savinqs under energy changes in their schools. I'd be glad to try to answer any questions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, Senator Welch has moved the adoption of Amendment No. 2 to Senate Bill 1526. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is adopted. Purther amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1557. Senator Luft seeks leave of the Body to return that bill to the Order of 2nd Reading for the purpose of an amendment. Leave is granted. Senate Bills 2nd Reading is Senate Bill 1557: Madam Secretary.

Amendment No. 1 offered by Senators Carroll and Luft.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. When we had gotten to this bill before, Senator Maitland had correctly asked that we withhold voting on the amendment at that time so that he could have time to study it. This was -- the intent of this is to be a safety valve in case, because of the 284  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21r 1992 lack of kncreased revenues and the cuts necessary to balance the i budget, the Governor needs some type of relief action at a time When wedre not in Session. The Way things look, there probably won't be a month that welre not in Session over the next twelve, but just in case, this allowed for a bipartisan, bi-chamber, all equal in both -- Members of the General Assembly, to be there in case a Governor needed to go somewhere when we werenft here, to get a few dollars released till we Were here. I would move adoption of Amendment No. 1.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Discussion? Senator Carroll has moved the adoption of Amendment No. l to Senate Bill 1557. If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have ît. Amendment No. l is adopted. Further amendments? SECRETARY HAWKER: ' No further amendments.

PRESIDING OFFICER: (SENATOR DEMPZIO) 3rd Reading. 1588. Senator Carroll seeks leave of the Body to return that bill to the Order of 2nd Reading for the purpose of an amendment. Is -- leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1588: Madam Secretary.

Amendment No. 2 offered by Senators Carroll and Keats.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Would you belkeve that? Carroll and Keats are offering this amendment. How do you like that? This would -- on the Prompt Payment Act, there seemed to be some objection and why the Governor kept vetoing the fact that if we don't pay our bills we should pay interest, was based on the issue of our now charging two percent a month to the State for being a deadbeat. At the ! 285  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 time that this was imposedz of course, prime was a much higher number. So what we have attempted to do by this amendment, as sort of a compromise to be realistic, and that is to say there should still be a penalty, but not a Class X. And this would say that it is the greater of one and a quarter percent a month or fifteen percent a year, which is about what credit cards charge consumers, or five points over prime, in case prime climbs up aqain. So it would be the greater of those two amounts, as the penalty the State Would have to pay to its vendors when the State does not promptly pay its bills within sixty days. I would move adoption of Amendment No. 1. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll has moved the adoption of Amendment No. 1. Is there discussion? If not, those in Eavor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No . l is adopted. Eurther amendments? SECRETARY HAWKER: No further amendments. PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bllls -- leave of the Body we 'll go to the Order of Consideration Postponed. Senator Jones. Leave is granted. On the Order of Consideration Postponed on page 36 is Senate Bill 1651. Senator Jones seeks leave of that -- bring that bill back to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of 2nd -- Senate Bills 2nd Reading is Senate Bill 1651, Madam Secretary. SECRETARY HAWKER : Amendment No. l offereà by Senator Jones. . PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones. SENATOR JONES: 286  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Yeah. Thank you, Mr. President and Members of the Senate. Amendment No. is essentially the bill, and what it does is require a phase-in of part of the monies utilized for purses and wagering expenses. It gives staggered dates for the -- and the percentages that's incorporated thereiny and I move its adoption.

PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Jones has moved the adoption of Amendment No. Is there discussion? Senator Rock.

This amendmenk ought to be defeated. You know, one of the things that happens around here is that groups and people: and even us and sometimes the Governor, makes agreements, and a1l of a sudden they think that nobody's qot a memory. There is such a thing around here as an institutional memory, and I remember an agreement that was made, because I happen to have been sitting at the table when the agreement was made. This amendment flies in the face of that agreement and ought to be defeated. It certainly ought to be defeated without the benefit of any public hearin: or any notice or anything else. I just think this is a mistake and we ought not do it.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- is there discussion? Senator Jones.

Well, if that's the case, then I think we should take it out of the record at this time.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Take it out of the record. A11 right. Senate Bill -- paqe 7 is Senate -- on the order of the reqular -- regular business is Senate Bill 1717 on page 7. Senator Collins seeks leave of the Body to return that bill to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 287  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21z 1992 1717, Madam Secretary.

Amendment No. 2 offered by Senators Collins and Smith.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins.

Thank you, Mr. President. This amendment is to strip the bill and to make it a shell bill to keep in my -- with my agreement with the neqotiating team that's dealing with the problems of Transitional Assistance. And I would move for its adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins has moved the adoption of Amendment No. 2. Is there discussion? If not, those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1727. Senator Rock seeks leave of the Body to return that to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On ! ! the Order of Senate Bills 2nd Reading is Senate Bill 1727, Madam Secretary.

Amendment No. l offered by Senators Rock and Philip .

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock. 1 SENATOR ROCK : i I Thank you: Mr. President: Ladies and Gentlemen of the Senate. i These three bills, 1727, 28 and 29, are today being amended by ! Senator Philip and I to inflict the same level of pain, if you will, as we are inflicting on every other agency, board and 288  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2le 1992 commission of State Government, and that is, these are reduction amendments. The total budget is introduced - and I would like leave to speak to all three amendments - the total budget is introduced at a level of fifty-five million dollars, literally, for the for the operation of the General Assembly, both House and Senate district office and the legislative support services. The Governor's budget book had recommended a level of fifty-three million dollars. By virtue of these amendments - and there will be three in these three bills: and another on a later subsequent bill we 'll -- welll reduce the total to fifty million two hundred and eighty-nine thousand dollars, or below -- 2.7 million dollars below the Governor's recommended level, and 4.7 million below the level that we thought Was appropriate. There will be a reduction in Senate operations and House operations of five percent. There will be a reduction in our disErict office allowances of five percent. There will be a reduction in the legislative support agencies of five percent. And I think it's fair to say that we have complied, indeed, and subjected ourselves to the same kind of pain that we are inflicting on the other agencies. And I would move the adoption of Amendment No.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Rock -- if not, Senator Rock has moved the adoption of Amendment No. 1. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senator Rock seeks leave of the Body to return Senate Bill 1728 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1728, Madam Secretary. 289  STATE OF ILLINOIS 87th GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

Amendment No. l offered by Senators Rock and Philip.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you, Mr. President. This is the -- the appropriation for the district office allowance, Which has afforded each of us to be utilized by voucher, as everybody knows, for those expenses that are necessary to adequately service our constituents back in our district. By virtue of this cut, Which is a five-percent cut, we will have twenty-eight hundred dollars each less for our district office allowance. It is# I think, in a spirit of fairness and parity and comity with the other State agencies, and I would move the adoption of Amendment No. 1.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, Senator Rock has moved the adoption of Amendment No. l to Senate Bill 1728. Those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No . l is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senator Rock seeks leave of the Body to return Senate Bill 1729 to the Order of Senate Bills on 2nd Reading. Is leave granted? For the purpose of an amendment, his leave is granted. Senate Bills 2nd Reading, Senate Bill 1729, Madam Secretary.

Amendment No. 1 offered by Senators Rock and Philip.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

290  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Thank you, Mr. President. Ladies and Gentlemen of the Senate, Senator Philip and I are again applying the Senate guidelines - our own guidelines - to our legislative support agencies: JCAR, and Economic and Piscal, and Intergovernmental, and LIS, and LRB, and Audit and Space Needsz and the Printing Unit, and Research, and the Citizens Assembly, for a total reduction of five hundred and thirty-seven thousand. And I would move adoption of Amendment . N I o. 1. I 1

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there discussion? Senator Rock has moved the adoption of Amendment No. l to Senate Bill 1729. A11 those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1730. There's a request to move that bill back to the Order of 2nd Reading. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1730, Madam Secretary.

Amendment No. l offered by Senators Rock and Philip.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.

Thank you, Mr. President. Ladies and Gentlemen of the Senate, again, in -- in our attempt to conserve, save, reduce General Revenue spendingz What we are asking is that the fund source for the audits be attributed, instead of to General Revenue, to other funds. We estimate that 2.7 million dollars will be saved in this respect. There will be an amendment subsequently to Senate Bill 1939, but I think this is an amendment that Will serve us al1 29l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 wellz and I would move the adoption of Amendment No. 1.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Senator Rock has moved the adoption of Amendment No. l to Senate Bill 1730. Al1 in favor, indicate by sayin: Aye. Opposed, Nay. The Ayes have it. Amendment No. l is adopted. Further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments -- 3rd Reading. Senator page 8. Senator Welch. 1768. Senator Welch seeks leave of the Body to return Senate Bill 1768 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1768, Madam Secretary .

Amendment No. 2 offered by Senator Philip.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Philip.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. As you know, a few years ago We put a dollar tax on tires to remove all those piles of tires a11 over the State of Illinois, particularly in Senator Joyce's district. Unfortunately, the Department of Revenue expanded our opinion on what you should put the dollar on, and they put it on bicycles, on children's toys, lawn mowers. And this specifically changes it and makes it specifically for trucks and automobiles. I move the adoption of Amendment No. <sic> to 1768.

Senator Philip has moved the adoption of Amendment No. 2 to Senate Bill 1768. Discussion? Senator Dudycz..

292  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Thank you: Mr. President. To the sponsor: Senator Philip, can you tell me -- on your amendmenty the last line -- it says, ''implements of husbandry.'l Could you explain to me What's an implement of husbandry? END OF TAPE TAPE 7

Senator Philip.

Well, you know, being a country boy that I am, it's farm equipment.

Senator Philip's moved the adoption of Amendment No . 2 to Senate Bill 1768. Further discussion? If not, a1l in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 1939. Senator Demuzio seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendm'ent. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 1939, Madam Secretary.

Amendment No. l offered by Senators Demuzio, Rock, Philip and DeAngelis.

293  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 Senator Demuzio.

Thank you, Mr. President. This is the amendment that you described in Senate Bill 1730 in the Comptroller's budqet. It creates the Audit Expense Fund within the Treasury to provide for the payment of costs of audits conducted by the Auditor General. I move its adoption.

Senator Demuzio has moved the adoption of Amendment No. to Senate Bill 1939. Discussion? If not, a11 in favorz indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted . Further amendments?

No further amendments.

3rd Reading. 1983. Senator Severns seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1983, Madam Secretary.

Amendment No. l offered by Senator Severns.

Senator Severns, on Amendment No. 1.

Thank you, Mr. President and Members of the Senate. Amendment No. simply strips the bill. Creates a vehicle in the event that we need a vehicle for the Workforce Preparation Task Force. It's my hope that this bill, along with Senator Etheredge's bill, can move forward for that purpose. I would urqe its adoption.

Senator Severns has moved the adoption of Amendment No. to Senate Bill 1983. Discussion? If not, a1l in favor, indicate by 294  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Readinq. 2013. Senator Etheredge seeks leave of the Body - - middle of page 14, Ladies and Gentlemen. 2013. Senator Etheredge seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. Senator Etheredqe.

Thank youz Mr. President, Ladies and Gentlemen of the Senate. I would yield to Senator Weaver for the purpose of making a motion.

All right. Senator Weaver.

Thank you, Mr. President. I Would move to table Amendment No. l to Senate Bill 2013. When we established the Environmental Protection Trust Fund, it was established by giving a quarter of that money to the four agencies. We're deviating from that policy in Amendment No. 1, and so I would move to table Amendment No.

Senator Weaver, having voted on the prevailing side, is movin: to reconsider the vote 'by which Amendment No. l to Senate Bill 2013 was adopted. All in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have it. The vote is reconsidered. Senator Weaver now moves to table Amendment No. l to Senate Bill 2013. Discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have The motion carries. Amendment No. l is tabled. Are there further amendments? 295  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992

No further amendments.

3rd Reading. Top of page l7. 2091. Senator Munizzi seeks leave of the Body to return that bill to the Order of 2nd Readin: for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 2091, Madam Secretary.

Amendment No. 1 offered by Senator Munizzi.

Senator Munizzi. Senator Munizzi. We have effectively shut your whole row down. Why -- Why don't you move over to Senator Lechowicz's desk.

All right. Magician says going to work here. Let's see.

Okay.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Currently the City of Chicago has the power to appoint advisory councils and boards to assist in coordinating State and federal programs. This amendment just adds social programs to that authorization. I ask for a favorable vote.

Senator Munizzi has noved the adoption of Amendment No. to Senate Bill 2091. Discussion? If not, a1l in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

296  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 3rd Reading. Page 2099. Senator de1 Valle. Page l8. 2147. Senator Macdonald seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 2147, Madam Secretary.

Amendment No. 2 offered by Senator Macdonald.

Senator Macdonald.

Thank you, Mr. President. I withdraw Amendment No. 2, and we will leave this bill on the Calendar until we can negotiate an agreement between the Illinois Builders and others who are objectin: to this bill. So we'll just leave it, maybe even till the Fall Session.

A1l right. Take it out of the record. Ladies and Gentlemen, that effectively concludes our business for this afternoon, unless some Member has some other Order of Business. Senator Karpiel, for what purpose do you arise? Senator -- wait a minute. Senator del Valle, do you wish to pursue your Recall? Al1 right. On the Order of Senate Bills 3rd Reading, Senate Bill 2099. Senator de1 Valle seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted . On the Order of Senate Bills 2nd Reading is Senate Bill 2099, Madam Secretary.

Amendment No. 2 offered by Senator de1 Valle.

Senator del Valle. SENATOR dEL VALLE : Thank youy Mr. President. This amendment addresses the 297  STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 concern expressed by Senator Hawkinson. It deletes the language that indicated that the owner or tenant who institutes an action under the precedin: sentence shall not bè required to pay any fee to the clerk of the circuit court. I ask for the adoption of the amendment. I E PRESIDENT ROCK: ! ! Senator del Valle has moved the adoption of Amendment No. 2 to Senate Bill 2099. Discussion? If not, al1 in favor: indicate by sayin: Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Senator Karpiel, for what purpose do you arise?

Mr. President, I spoke to you earlier about going to 2nd Readinq for Senate Bill 1529. PRESIDENT ROCK: ! The Lady seeks leave of the Body to go to the Order of 2nd Reading for the purpose of Senate Bill 1529. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 1529. Madam Secretary, read the bill, please. SECRETARY HAWKER: . Senate Bill 1529. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Karpiel offers Amendment No. 1.

Senator Karpiel, on Amendment No. 1. 298  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 SENATOR EARPIELJ ... tmachine cutofflo..of the readin: of the LRB number because there was -- the first one that I distributed is in error: and we now have the second one distributed. I know Was Withdrawn - the first one - but I want to make sure wedre looking at the same -- everybody is looking at the same LRB number.

Madam Secretary, the LRB number, please.

870947lEGfgam0l.

Correct. Thank you.

Senator Karpiel.

The amendment changes Senate Bill 1529 in several ways. First of all, it reduces the penalties from ten dollars a cubic foot to two dollars a cubic foot. It changes the effective date from January 1st, 1993, to January 1st, 1994. In the present legislation, these penalties would be put into a fund to be used by the State for cleanup and response actions. In the amendment, it is for the State to be to use it for the cleanup and response actions, but it's also to have the operator be able to use that for the cost of cleanup and response actions. It also, in the amendment, requires local approval for siting of the disposal facilityy and it also calls for response plans to be filed . This amendment applies only to the Kerr-McGee facility in West Chicago. And another Section that's very important - it guarantees that if a consent decree is signed, that this -- the bill will no longer apply.

Senator Karpiel has moved the adoption of Amendment No. 1 to 299  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 senate Bill 1529. Discussion? If not, a1l in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Senator Holmberg, for What purpose do you arise? SENATOR HOLMBERG: I I I have a bill on 2nd Reading, Senate Bill 1815, that -- where the amendment is ready, ahd I'd like to move it to 3rd.

A1l right. The Lady seeks leave to go to the Order of 2nd I Reading for the purpose of Senate Bill 1815. Without objection, ' leave is granted. On the Order of 2nd Reading, Madam Secretary, is Senate Bill 1815. Read the b11l, please.

Senate Bill 1815. I (Secretary reads title of bill) ! 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Holmberg offers Amendment No. 1. 1 I PRESIDENT ROCK: ! Senator Holmberg.

This is an amendment to -- to the bill, allowing freestandin: licensed treatment providers to be included in the array of resources available to persons needing substance abuse treatment. The amendment was drafted by the Illinois Life Insurance Council after lengthy negotiationsz the Associated Employers of Illinois, the Illinois Chamber, Illinois Life Insuranee Council, IADDA, the 300  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 21, 1992 Illinois Manufacturers' Association, the National Federation of Independent Businesses. It's designed to protect the rights of insurance companies, employers, preferred provider orqanizations and HMos. And the amendment includes the term ''medically necessaryr'' which does include rehabilitative and curative services when covered by the insurance policy and determined by a physician to be needed in the recovery process. I would recommend its adoption.

Senator Holmberg has moved the adoption of Amendment No. l to Senate Bill 1815. Discussion? If not, a11 in favor, indicate by saying Aye. All opposed. The Ayes have The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Senator Demuzio, for what purpose do you arise?

I have a bill on 2nd Reading, Mr. President. 1636.

On the Order of Senate Bills 2nd Reading, Senate Bill 1636. Madam Secretary, read the bill.

Senate Bill 1636. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Are there amendments from the Floor?

Senator Hudson offers Amendment No.

Senator Hudson, on Amendment No. 301  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

Mr. President, thank you. We Would request that this amendment be withdrawn, or tabled.

Gentleman withdraws. Further amendments?

Amendment No. l offered by Senator Demuzio.

Senator Demuzio, on Amendment No. 1.

Thank you, Mr. President and Ladies and Genklemen of the Senate. It raises the permissive semiannual contribution limit to twenty-five hundred. It was twelve hundred and fifty in the bill. I'm just raising it. I Would move its adoption. PRESIDENT ROCK; Senator Demuzio moves the adoption of Amendment No. l to Senate Bill 1636. Discussion? If not, al1 in favor, indicate by saying Aye. A11 opposed. I'm sorry. Senator Dudycz, on Amendment No. 1.

Ilm sorry, Senatorz could you repeat that, uhat the amendment does? I -- I didn't see it. Or has it been distributed? How many?

Senator Demuzio.

It was distributed a couple days ago. It's probably al1 it does is that when the bill started outy it started out with a semiannual contribution limit at twelve-fifty. Wedre raising to twenty-five hundred.

Further discussion? If not, Senator Demuzio has moved the 302  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT j i 108th Legislative Day May 2l, 1992 I adoption of Amendment No. 1 to Senate Bill 1636. Further i 1 discussion? If not, all in favor, indicate by saying Aye. Al1 1 opposed. The Ayes have it. The amendment's adopted. Senator ' i j Topinka, you wish to speak on this bill? Ilm sorry. Your light ! is going on and off like a firefly. Senator Topinka. 1 ! I SENATOR TOPINKA: i If I may have leave to go back for 2nd Reading to Senate Bill 1680. The amendment is ready, and I Would like to pursue it. PRESIDENT ROCK: It is, I might point out, 5:30 on Thursday: May 21st, and tomorrow is the deadline for 3rd Reading, and We are truly fooling around here. Senator Fawell, for what purpose do you arise? Senator Demuzio, Amendment No. 1 has been adopted. Are there further amendments? SECRETARY HAWKER: Amendment No. 2 offered by Senator Schaffer. PRESIDENT ROCK: Senator Schaffer. SENATOR SCHAFFER: Mr. President, this applies the provisions of the bills to any elected chief executive to a unlt of local governmept with a population of more than tWo million people, effectively applying the provisions of the bill to the Mayor of the City of Chicago and the Chairman of the Cook County Board. PRESIDENT ROCK: Senator Schaffer has moved the adoption of Amendment No. 2 to Senate Bill 1636. Discussion? Senator Demuzio. SENATOR DEMUZIO : It's already a requirement in the City Council Statutes anyway. I really don't have any opposition to this amendment. You are just doing something which they already have. Itls not -- it's not that cute; 1'11 take it. 303 L .  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992

Senator Schaffer has moved the adopeion of Amendment No. 2 to Senate Bill 1636. Discussion? All in favor, indicate by sayin: Aye. Opposed, Nay. The Ayes have it. The amendmenk's adopted . Further amendments?

No further amendments.

3rd Reading. Senator Topinka seeks leave of the Body to return to the Order of 2nd Reading for Senate Bill 1680. Madam Secretary, on the Order of Senate Bills 2nd Reading is Senate Bill 1680. Read the bill, please.

Senate Bill 1680. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDENT ROCE; Any amendments from the Floor?

Senator Topinka offers Amendment No. 1.

Senator Topinka, on Amendment No. 1.

Yes. Mr. President and Ladies and Gentlemen of the Senate, this strips the bill: removes any reference to mandatory dental testinge and now would tie mandatory TB testing to the current physical examinations which now the schools already have in play.

Senator Topinka has moved the adoption of Amendment No. l to Senate Bill 1680. Discussion? If not, a1l in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Purther amendments? 304  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 108th Legislative Day May 21, 1992

No further amendments.

3rd Reading. Senator Marovitz, for what purpose do you arise?

Ild just like to move 1803 to 3rd Reading. There's no Floor amendments.

On the Order of -- with leave of the Body, we'll qo to 2nd Readin: for the purpose of Senate Bill 1803. Madam Secretary, , i read the bill, please.

Senate Bill 1803. (Secretary reads tikle of bill) 2nd Reading of the bill. The Committee on Insurancez Pensions and l ! Licensed Activities offers Committee Amendment No. 1.

Senator Marovitzy on Committee Amendment No. 1.

I Thank you very much -- thank you very much, Mr. President. Committee Amendment No. l strips the substance of the bill. This bill is dealing with the overcrowding situation of Cook County jails and the ability to make bail sooner and save the county I money. We are having discussions with al1 the chief judges and the president of the County Board. And if there is no agreement, there will be no bill. I'd just like to move this to 3rd Reading.

Senator Marovitz has moved the adoption of Amendment No. 1 to Senate Bill 1803. Discussion? If not, all in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

305  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l, 1992 No further amendments.

3rd Reading. Senator Macdonaldz for what purpose do you arise?

I rise to table a bill - 1801. It Was drafted by the Legislative Reference Bureau, and they drafted the Wrong bill to the wrong synopsis. And while the other replacement bill is still in Rules, I Would like to table this one for the record.

Might I -- where does the bill reside, Senator Macdonald?

In the Rules Committee. It's currently still in Rules also, but it...

All right. Senator Macdonald has moved to discharge the Committee on Rules from further consideration of Senate Bill 1801 for the purpose of tabling. A1l in favor of the Motion to Discharge, indicate by saying Aye. All opposed. The Ayes have it. The bill is discharqed. Senator Macdonald now moves to table Senate Bill 1801. A11 in favor of the Motion to Table, indicate by saying Aye. Al1 opposed. The Ayes have it. And the bill is tabled. Further business? Senator Demuzio.

I move we adjourn till nine o'clock tomorrow morning.

Senator Etheredge, Senator Fawell, Sena*or, Senator, Senator, Senator. Senator Etheredge.

Thank you, Mr. President. 1, too, seek leave to return to the Order of 2nd Reading. I have two bills there, both of them, I do believe, noncontroversial. The first one is 1862 and the second 306  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992 is 1908.

A1l right. The Gentleman also seeks leave to return to the Order of 2nd Reading for 1862 and 1908. On the Order of Senate Bills 2nd Reading, Senate Bill 1862. Read the bill.

Senate Bill 1862. (Secretary reads title of bill) 2nd Readin; of the bill. No committee amendments.

Any amendments from the Floor?

Senator Fawell offers Amendment No. 1.

Senator Fawell.

Thank you very much. This is -- we are deleting everything in the bill and changing the word ''Sections'' to ''Section.'' Excuse me. We are attemptin: to get a municipality and a forest preserve to agree on a bill, and I1d like to move 1t along.

Senator Fawell has moved the adoption of Amendment No. l to Senate Bill 1862. Any diseussion? If not, a1l in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted . Purther amendments?

Amendment No. 2 offered by Senator Pawell.

Senator Pawell: on Amendment No. 2.

Withdraw.

307 ! 'q STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day May 2l# 1992 Withdraw. Further amendments? SECRETARY HAWKER : i I No further amendments. PRESIDENT ROCK: 3rd Reading. 1908. On the Order of Senate Bills 2nd Reading l I is Senate Bill 1908, Madam Secretary. SECRETARY HAWKER: Senate Bill 1908. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government Organization and Administration offers Committee Amendment No. 1. PRESIDENT ROCK: Senator Etheredge: on Committee Amendment No. 1. SENATOR ETHEREDGE: Thank you, Mr. President. This amendment strips the bill and converts it to a vehiele. I Would move for its adoption. PRESIDENT ROCK: Senator Etheredge has moved the adoption of Committee Amendment No. 1 to Senate Bill 1908. Discussion? If not, a1l in favor, indicate by sayin: Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments? SECRETARY HAWKER: No further amendments. No further committee amendments. PRESIDENT ROCK: 3rd Reading. Senator Dunn. Any further business to come before the Senate this evening? Senator Vadalabene moves that the Senate stand adjourned till Friday. May 22nd. Tomorrow morning, nine o'clock in the morning, Ladies and Gentlemen. Nine o 'clock in the morning. We'll try to be ou* of here by noon. Senate -- Senate stands adjourned. 308  > R!PDJIT: TIFLDAY STATE 0F ILLINOIs 93/0:/20 , P;GE z 00 t 871'H GEN ERAL ASSEfitlLY 09 J16:52 StiNA'rE DLIL Y FRAN.SJRIPTION OF DE3AT6 INDHX I i >iAY 21, 1992 j I Hu-O35# FIRST RJADING PAGE 2 ' ! Hö-llgt FIRXT READING PAGE 2 H5-2&#5 FIRNT REAOING PAGE 2 Hu;-2&6T FIRST READTNG PAGE 2 8:-2679 FIRST R6ADIIkG PAGE 2 83-2T36 FIRST READING PAGE 2 H1-2825 FIRST REAnIAG PAGE 2 8:-3:07 FIRST READING PAGE 2 H3-3213 FIRST READIRG PAGE 2 8'a-32$7 FIRST REAUIRG PAGE 2 9:-3278 FIRST REAZING PAGE 2 H3-3282 FIRST READING PAGE 3 i H:-3317 FIRST READING PAGE 3 H:-3395 FIRST RJADING PAGE 3 ! H3-3408 FIRST READING PAGE 3 H4 8B-5 -*35 FIR3T READING 3#5# FIRST READING PAGE PAGE 3 3 j H:-3*7# FIRST READING PAGE 3 Ho-3#9D FIRST ROADING PAGE 3 I 85-3495 FtRST REAUING H3-3:35 FIRSF READING PAGE PAGE 3 5 1 i H1-3790 FIRST READING PAGE 3 H3-3dt0 PIRST READING PAGE 3 H3-3811 FIRST READING PAGE 3 Ho-38L# FIRST READING PAGE 3 H3-3332 FIRST READING PAGE 3 8b-3856 FIRST RQADING PAGE 3 80-3878 FIRST RFADING PAGE # HB-39lT FIRST READING PAGE # H:-393: FIRST READING PAGE # H-',-#0b? FIRST READING PAGE # S2- LG63 RECALLED PAGE 283 Sö-k#7# THIRD READING PAGE 23 35-1479 THIRD REAOING PAGE 33 ' 53-1#83 THIRD READING PAGE AT S;-1#90 THIRD READING PAGE :8 S.=- 15tQ REEALLED PAGE ; S:-15t1 THIRD READING PAGE *% SB-l518 THIRD ZEADING PAGE 50 Sw-1b29 THIRD READING PAGE 51 5:-:526 RECALLED PAGE 283 5--1529 SECONO READING PAGE 298 55-1533 THIRD REAJING PAGE 52 . S:-l5#t THIûD R/ADING PAGE 53 Ss-15#6 THIRO REAOING PAGE 5* 5:-1517 THIRD RJADING PAGE 80 51-1555 THIRD READING PAGE 60 Su-1536 THIRD READING PAGE 62 :b-:557 RECALLED PAGE 285 SB-156# MEEALLEO PAGE 5 Sa-ts*; THIZO RQADING PAGE 62 5:-1570 THIRD READING PAGE 65 55-1538 RECALLEO PAGE 2ô5 Sy'-I590 THIRD READING PAGF 66 3$-1600 THIRD REAOIMG PAGE 67 S9-l603 THIRD READING PAGE 69 S=-l6O5 THIRD READIMG PAGE 70 S8- :807 THIRD READING . PAGE 75 S:-161& THIRO READING PAGE 16 &J-l&20 RECALLED PAGE 7 S3- :622 THIRD READING PAGE 82 59-1625 THIRD REAOING PAGE 33 S!;-1&36 SEL0R9 READING PAGE 301 3:-:637 THIRD REAJING PAGE 8# /k RJPORT: TIFLOAY STATE 0F ILLINOIG 93/0:/23 PAGE: oo2 87TH GENERAL JSSEMGLY 09216:52 SENATE DAILV IRANSCRIPTION OF DEBATE INDEX tIAY 21, 1992 Sd- t638 THIRD READING SB-16#0 THIRD READING S7-16#0 OUT 0F RECORD SB-t&*5 RECALLED &:-1â#9 THIRD READING S3- l&51 GUT SF RPCORD 53-1652 THIRD REAOING G3-.t65T THjRO READING Sû-18&1 THIRD READING SB-l665 RECALLED S!$-18&7 THTRD READING 5d- 1669 THIRD READING SB-1&71 THIRD READING ;o- t630 S6C0ND READING SB-1681 RSGALLED 53-1685 THIRD READING 3=-l69b THIRD READING 3B- 1700 TRIRD AEADING 3B-l7l1 THIRD READING S-- t7t7 RECALLED SB- t7t: RECALLED 58-1722 THIRD RE/DING So-172T RECALLED 38-k728 REEALLED 38-1T29 REGALLSD &w-1T3O RECALLED 5/-1730 0UT OF RECORD ,S:- t73: THIRD REAOING 5..-1733 THIRD READING G:-:Y39 FHIRD READIIMG SB-t7*: THIRD READING Sw-tT43 FHIRD REAOING SB- 1:*7 THIRD READING 53-:75D THIRD READING So-1766 THIRD READING s8-17:8 RECALLED S=-l773 THIRD REAOING S6- :779 THIRD READING 53-1T83 THIRD READING 50-1787 THJRD READING S3- 1739 THIRD REAOING 3B- 1T96 THIRO READING sa- 1801 TAOLED SB-t803 SECOND READING S3- t8t# RECALLEO 3w-t8I$ S6C0Ng READING 53-1816 THIRD READING SB-L8y8 T/t:RD READING 3u-ld*0 THIRD READING S3-18#1 THIRD REAOING 53-18#2 THIRD READING s0-18#3 THIRO READING SB-18## THIRD READING 58-1845 THIRD REAOING 3.-13*3 THIRD READING S3- t8*T THIRD READING 58-18*8 THIRD READING Su.-1619 THjRD READING 55-1850 THIRD READING 38-1860 THIRD READING Sw-l8ô2 SELOND READING S3- t3&T THIRD READING Sö-t8ô8 0UT OF RECORD SB-lB90 THJRD READII' kG RJPGRT: TIFLDAY STATE 0F ILLINUIS 93/0:. /20 PAGEZ O03 :7TH GENERAL ASSEIIHLY 09:16152 i SENATE DAILY FRAi4ZCRIPTION OF DEBATE INDEX MAY 21. 1992 l ::-1907 3 :TsH Ec IR oD RA NoREED AO IR IG NG PAGE 1 37 00 T S=-19td THIRD READING PAGE tT2 58-1925 THIRD REAOING PAGE lT3 Ss-ï931 THIRD READING PAGE 182 53-1935 THIRD REAOIRG PAGE 183 S:-1@39 RECALLED PAGE 293 So-l9#1 FHJRD READING PAGE 184 i SB-t9#2 THIRD READIJ ' 4G SB-19#3 THIRD RFADING PAGE PAGE 18# k8G j Sb-l9#6 THIRD READING PAGE 137 i 53-:9:7 THIRD READING 58-19:8 THIRD MEADING PAGE PAGE 188 L90 j Sia-19#9 THIRD READING PAGE 188 SB- 1955 THIRD READING PAGE l90 58-1958 THIRO REABING . PAGE l93 53-1965 THIRD READING PAGE k9# 53- 1970 RECALLED PAGE :3 SB- :971 THIRD READING PAGE l96 5/-1979 THIRD RFADING PAGE 197 S$- 19ô0 THIRD READING PAGE t99 33-1983 RECALLED PAG6 29# 3w-1936 THIRD READING PAGE 2D0 53-2013 RECALLED PAGE 295 53-20#5 THIMD READING PAGE 20à So-2G#8 THIRD REAZING PAGE 20# 53-2058 THIRD REJDIfkG PAGE 205 5:-2062 THIRD RFADING PAGE 209 I 53-2072 THIRD READIXG PAGE 21t 53-2:75 THIRD REAOING PAGE 212 S--20T& THTRD READING PAGE 2t3 58-2079 THIRD REJDING PAGE 213 S3-208: THIR; READING PAGE 21# S .-208: THIRO READLkG PAGE 2t5 53-2091 RECALLED PAGE 296 , 53-2093 THIRD RFADING PAGE 2t6 52-2097 THIRD KEAOING PAGE 2l7 53-2099 RECALLëD PAGE 297 33-2099 OUT 0F REEORD PAGE 21; Sh-2tGt THIRD RfADING PAGE 22l Sô-2l0* THIRD READING PAGE 223 38-2107 THJRD RfADING PAGE 22# so-att* THIRD READING PAGE 226 5:-2118 THIRD READIIkG PAGE 227 SB-213# THIRD RFADING PAGE 228 :4-2138 THIRD RFADING PAGE 230 5:-2t39 THIRO R6ADING PAGE 23l SB-21#1 RECALLED PAGE tG SL,-21#7 RECALLEO PAGE 297 SB-Zt5t THIRD READIi4G PAGE 232 58-2152 THIRD READING PAGE 233 5:,-2153 THIRD READING PAGE 23# 5:-215# THIRD READING PAGE 235 53-2155 THIRO READING PAGE 2#5 So-21$9 THIRD READING PAGE 25T 33-2163 THIRD READING PAGE 246 S:-216T THIRD READING PAGE 261 So-2l8B THIRD READING PAGE 248 35-2169 THIRD MEADING PAGE 258 S:-21T0 THIRD READING PAGE 259 Go,-2l;1 THIRD REAO:NG PAGE 260 55-2177 THIRD READIiMG PAGE 2Gt 93-2178 THIRO READING PAGE 262 Gu-2t79 THIRD RENDING PAGF 264 2j ' P0RT1 TIFLD;Y sTA' I' ; ()F ILLINOj3 93/04/20 1 PAGE : 00# 87TH G6NERAL àSSEI4EJLY 09:k8 :52 ' 3iiNATE DAILY TIIANSCR.IPTl0N I)F OEYA'I'E INDEX AIAY 21. l992 S v-21d1 TH1R1) REAt)IIMG PAGE 265 .Sci- 2:.33 THlRD READING PAGE 266 SB- 219I TF1lRD READING PAGH 21Q 5u,-2200 THlRI) READIl%G PAGE 21l Sb-22O l RK ALLED PAGE 15 Sto-2215 THIpt() READII'kG PAGE 212 1 SB- 2213 T HIRD READItkG PAGE 21* : ,SI>- 222 5 THIRD READ. IAIG PAGE 2-15 SR- 1292 A0fJP'riib PAGE # Sil- L29 3 RESOLU'fI0N OFFERED PAGE 2 SUBJEET MATTER SENAT: TO ORDER - PRESIIIEAT R0CK PAGE L PRAYER - THE AEMEREND GEGRGE COATES PAGE l JOURNALS - POSTPORED PAGE t 21ESSAGE FFt021 TH iE H(IU. Sii PAGf 1 âDJOURNPIENT PAGE 308