Illinois Senate Floor Debate — June 23, 1992

Amendment No. l offered by Senator Geo-Karis. PRESIDENT ROCE) Senator Geo-Raris.

Mr. President and Ladies and Gentlemen of the Senate, the short title -- we struck up everything after the enacting elause and We substitute the following: This Act be cited as the Trench Safety Act. Section 5. Trench inspection. A unit of local government shall have the authority to inspect every trench of more than five feet in depth on a construction site within its jurisdiction and its boundaries to determine Whether the trench is protected in accordanee with the Occupational Safety and Health Administration's IOSHAI Construction Standards for Excavations, and et cetera. And if# following inspection, the local government determines that the trench is not protected according to Subpark P, the local government shall notify the nearest OSHA area office and advise them of the alleged violation. I move for its adoption.

Senator Geo-Karis has moved the adoptlon of Amendment No. 1 to House Bill 1852. Discussion? Senator Demuzio.

Thank you, Mr. President. I didn't understand a word of it. because I couldn't hear it. Are we doing, Senator Geo-Karis, that which the commitkee had requested, apparently removing some liability from units of local government? Is that correct?

1 2 ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 ( Senator Geo-Karis. SENATOR GEO-KARIS: In a -- in a Way it does, because it said a unit of local ' governmen't shall have the authority to inspeet every trench of I more than five feet ln depth on a construction site Within its jurisdiction and its boundaries to determine whether the trench is protected in accordance with the Occupational Safety and Hea1th Administration's -- OSHA 'S Construction Standards for Excavations, ' 29 CFR Part 1926 Subpart B -- P. Ifg folloWing inspection, the local government determines that the trench is not protected according to Subpart P, tbe local government shall notify the nearest OSHA area office and advise them of the alleged vàolation. That's the Whole amendment. i PRESIDENT ROCK: Senator Demuzio. SENATOR DEMUZIO : Well, it's my understanding that there is some opposition that has been developing as a result of this. According to your amendment, this is permissive; it just says tbat the unit -- a unit local -- a unit local government shall have the authority to inspect - shall have the authority to inspect. And there has been ! -- some question had been raised apparently over on this sidee with respect to what we are doing here from local governments. I suspect, according to the analysis, the current 1aw is silent on this regard. So apparently they can go ahead and do it anyway: I suspect. I don't know of the controversy, but I suspect youfll put it on this morning. I guess we will debate it on 3rd Reading. But I just call it to the Members' attention. PRESIDENT ROCK: Further discussion on Amendment No. 17 Senator Cullerton. SENATOR CULLERTON: Yes. Will the sponsor yield? 3  STATE OF ILLINOIS I 87th GENERAL ASSEMBLX ' REGULAR SESSION SENATE TRANSCRTPT 123rd Legislative Day June 23, 1992

Sponsor indicates she will yield. Senator Cullerton. i SENATOR CULLERTON: I Senator. as you know, this bill was on 3rd Reading, we recommited it to conmittee, we had hearinqs, and the bill passed out of committee. But at the time it was said that it was going to be worked on so that there could be a potential agreement. ' It's my understanding that this amendment is not an agreed ! amendment. Is that correct? I

Senator Geo-Earis. I

We had several -- We had two big meetings on this and we 've been working and working on it. We ean't satisfy everyone. The contractors are satisfied with this one. Labor told me it does not oppose this amendment.

Senator Cullerton. I

Okay. So that leaves then the Municipal League as being the one that's opposed to it? I -- I'm not trying to debate the bill. I c 1 an wait -- we can wait for 3rd Reading. I just want to ( understand in my mind who's for and who's against.

! Senator Geo-Karis.

The contractors are for it: and the -- the -- Mr. Johnson from the labor -- representlng labor, told me they Would not oppose it. . And that's exactly what he told me yesterday after we had several meetings. And I feel that if we have any problem: let's pass this 1 ! bill out - because we've had people killed in these trenches - and let -- let it go back to the House sponsorr and if there's any I 4  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSfON SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 changes to be made, Senator -- Representative Matijevich can make them there. PRESIDENT ROCK: @ Senator Vadalabene 1 . i SENATOR VADALABENE; i ! Yes. Would Senator yield, please? PRESIDENT ROCK: i Indicates she Will yield, Senator Vadalabene. !

Yeah. Senator Geo-Karis, I just qot a call - hasn't been over ! ten minutes ago - from our Madison County Superintendent of Highways, who wants me to oppose this amendment. Do you know -- ! why? :

Senator Geo-Karis. i

I I don 't know of any reason why, because it says -- it simply i says that a local government shall have the authority to inspect 1 I every trench of more than five feet. We've had tWo people killed E right in Sangamon County from these trenches. I've had two people ! killed in my countyy and I think We should do something. And: as I ! I said, if you're not happy wtth this amendment, let's pass the bill out with this amendment, send it to the House, and the House I ! sponsor can make any change that he wishes. But I feel we should I do something to proteet the lives of people who work in trenches. l pRsszosxvRocx: 1 ! Question is the adoption of Amendment No. l to House Bill . 1852. Senator Geo-Karis, you wish to close? I !

I ask for a favorable vote. 1 ;

! Question is the adoption of Amendment No. l t:o House Bi1l 5  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23z 1992 1852. Those in favor will vote Aye . Opposed , vote Nay, and the voting 's open . Have all voted Who wish? Have a11 voted Who wish? Have al1 voted Who wish? Have a11 voted Who wish? Take the record. 0n that question, there are 30 Ayes, 15 Nays# 2 voting Present. M endment No. l is adopted. Further amendments?

No further amendments .

3rd Reading. 2016. 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 House Bills 2nd Reading is House Bill 2016, Madam Secretary.

Amendment No. 2 offered by Senator Keats.

Senator Keats .

Excuse me. The sponsor would like me to table M endment No. 1.

Senator Jacobs.

Xes. To make this track, We'd have to table M endment No. l.

All right. Senator Jacobs, having voted on the prevailing side, is moving t.o reconsider the vote by which M endment No. 1 to House Bill 2016 was adopted . Al1 in favor of the Motion to Reconsider , indicate by saying Aye . Al1 opposed . The Ayes have it. The vote 's reconsidered . Senator Jacobs now moves to table M endment No . 1 ko House Bill 2016 . Discussion? If not , all in favor# indieate by saying Aye. A1l opposed. The Ayes have it. M endment No . 1 is tabled . Further amendments? 6  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 !

I Amendment No. 2 offered by Senator Keats.

Senator Keats . l

I What this amendment does is allow a credit company to adjust i rates based upon favorable track records of those people who have ! borrowed, et cetera. We'1l give more information for everyone later, but the basic thrust of the amendment ls to allow a credit company to offer a better interest rate for their stronger i customers, so they don't end up losing them to other financial i institutions that, you know -- part of their strenqth is being able to maintain lonq-term working relationships with borrowers, and this allows them to base their rates on the creditworthiness I of that customer. Senator Jacobs and I have been working on the bille and would appreciate that it'd be put on the -- on the ; amendment, and appreciate it be put on the bill.

Senator Keats has moved the adoption of Amendment No. 2 to House Bill 2016. Discussion? If notp all in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment is adopted. Are there further amendments? !

No further amendnents.

3rd Reading. Senator Woodyard, are we ready today? 2723. Senator Woodyard seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 2723, Madam Secretary.

Amendment No. 1 offered by Senator Rea. ! 7  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23y 1992

Senator Rea . !

Thank you, Mr. President. I I Want to thank the sponsor, 1 Senator Woodyard, and the House sponsor, Representative Black, for I calling the -- House Bill 2723 back for this amendment. I know of no opposition to it. It amends the Professional Engineering I ! Practice Act, and it makes a provision for a person who has been in another state, who has all the qualifications and meek al1 the requirements, to receive the professional engineering designation. Would ask for an Aye vote. 1

Gentleman's moved the adoption of Amendment No. l to House Bill 2723. Discussion? If not, a1l in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendmentfs adopted. Further amendments?

No fureher amendments.

! 3rd Reading . Bottom of page 11. 2767. Senator Dart seeks leave of the Body to return that bill to the Order of 2nd Reading ! ! for purposes of an amendment. Is leave granted? Leave is granted. 0n the Order of House Bills 2nd Reading is House Bill 2767, Madam Secretary. SECRETARY HAWKER: l Amendment No. l offered by Senator Dart. PRESIDENT ROCK: E Senator Dart.

Thank you, Mr. President. Amendment No. 1 would create the offense of sexual exploitation of a child, which would, in a sense, clarify and also clear up a loophole that's in the law I 8  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 right now , and I'd ask for its adoption.

Senator Dart's moved the adoption of Amendment No . to House Bill 2767. Any 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.

3rd Reading. Middle of paqe 2987. All right. Senator Cullerton apparently does not wish this recalled. 3185. Middle of page l4. On the Order of House Bills 3rd Reading is House Bill 3185. Senator Dart 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 House Bills 2nd Reading is House Bill 3185. Senator Dart.

Thank you, Mr. President. T seek leave to eable Amendment No. 1 to 3185.

The Gentleman, having voted on the prevailing side, is moving to reconsider the vote by which Amendment No . l to House Bill 3185 Was adopted. A11 in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have The vote is reconsidered. Senator Dart now moves to table Amendment No. to House Bill 3185. Discussion? If not, al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The motion carries. Amendment No. is tabled. Are there further amendments?

No further amendments.

3rd Reading. Top of page 16. 3437. Senator DeAngelis seeks 9  STATE OF ILLINOIS 87th GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is : granted on the Order of House Bills 2nd Reading is House Bill . 1 i . 3437, Madam Secretary. SECRETARY HAWKER: I ! Amendment No. l offered by Senator DeAngelis. PRESIDENT ROCK: ! Senator DeAngelis. SENATOR DeANGELIS: : ! Thank you, Mr. President. Amendment No. l limits the amount of dollars that the State can invest in a farm credit : administration bank to one million dollars. There are twelve of those banks aeross the country. none -- none in Illinois. Several i ! of them are in deep troublew the others are risking insolvencyw and I don't think it's a wise idea for the State of Illinois to invest, as it has in the paste a hundred million dollars in these i ! kind of banks.

Senator Dehngelis has moved the adoption of Amendment No. 1 on House Bill -- to House Bill 3437. Discussion? Senator Demuzio.

Senator DeAngelis, 1et me ask you a question here. Is it not true that - with the Treasurer's program - that farm loans are -- are -- are of a lesser interest rate, and therefore, is it an advantage for the Treasurer to continue this program in order to make loans to rural farmers?

Senator DeAngelis. SENATOR DeANGELIS: Senator Demuzio, as in everything else in life, there are two sides. Banks on the border of insolvency tend to have lower rates than those banks that are solvent. In addition to that, they 10  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23: 1992 actually disrupt -- they disrupt the rural marketplaee banking system in Illinois.

Senator Demuzio.

Well, I guess the ansker is ïesr and that is because they give cheaper interest rates, and as a result: this program has been a successful one indeed. Now understand that there is some difficulty with the commercial banks because of the nature of these loans. However, it is Without question - and it's very clear - that this program has been successful -- the program has been of an advantage to rural ag -- the rural ag eommunity, particularly to -- to farmers, and I just don't know why we ought to be prohibiting the Treasurer from making this type of of loan. After all, he is attempting to - in my judgment - to do something productive in the ag community, since there is always a financial credit crisis with rural -- rural ag and farmers.

Question is the adoption of Amendment No. A number of Members have indicated a desire to speak. Senator Jacobs.

Thank you, Mr. President. Yeah: I just wanted to point out I -- I stand in support of this amendment, for many reasons. But I think the most important reason is that some of these farm credit banks are in trouble, and they risk insolvency, and if any one goes under, we -- the good banks share in that -- in that loss. So we in Illinois very well may be underwriting a loss of a bank eompletely out of the region, let alone in the area. So I think it's a good amendment. I think it's it's wanted by the banking community, and I think it's one that we should pass.

Question is tbe adoption of Amendment No. 1. Further 11 ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 discussion? Senator Schuneman. @ SENATOR SCHUNEMAN: Thank you, Mr. President. Will the sponsor yield? PRESIDENT ROCK: ' Sponsor indicates he Will yield, Senator Schuneman. SENATOR SCHUNEMAN: i Senator, I apologize for getting into this at this late date, but Senator Demuzio 's question caused me to inquire. Does your amendment have any effect at a1l on the Illinois Farm Development ! Authority loans that guarantee loans for farmersz or what is the effect on rural downstate Illinois banks, as a result of your l ZDCZYRPZE? PRESIDENT ROCS: i ! Senator DeAngelis. : SENATOR DeANGELIS: Well: it will help khe rural downstate banks, because the farm credit administrative -- administration banks have been a little more erratic in their rate structure. ! PRESIDENT ROCK: Senator Schuneman. 1 ! SENATOR SCHUNEMAN: ! Well, Senator, that's hardly specific. In what way is this ' goin: to assist rural banks in Illinois in makin: farm loans? PRESIDENT ROCK: ( Senator DeAngelis. SENATOR DeANGELIS: Well, if the State Treasurer were to invest that hundred million dollars in banks in Illinois , it Would help those farmers. ! Right now, he's currently investing it in St. Louis. PRESIDENT ROCE: I Senator Schuneman. SENATOR SCHUNEMAN: 1 12 /  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRTPT 123rd Legislative Day June 23, 1992 Well then, this is aimed at the -- at the Treasurer's investment of some seventy nlllion dollars in the St. Louis farm loan bank. Thank you. PRESIDENT ROCK: l 1 Further discussion? Senator Weaver. A1l right. Senator -- Senator Weaver, you wish to -- okay. Turn your light off. Further ' discussion? Senator DeAngelis, you wish to close? SENATOR DeANGELIS: I just ask for a favorable roll call.

Question is the adoption of Amendment No. 1 to House Bill I 3437. Those in favor will vote Aye. Opposedy voke Nay, and the voting 's open. All voted who wish? Have a1l voted who wish? Have a1l voted who wish? A11 voted who wish? Take the record. ' On that question, there are 31 Ayes, 17 Nays, none voting Present. Amendment No. l is adopted. Further amendments?

No further amendments.

3rd Reading. 3495. Middle of page 16. 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 House Bills 2nd Reading is House Bill 3495, Madam Secretary.

Amendment No. 2 offered by SenaEors Hawkinson and Maitland.

Senator Haukinson.

Thank you, Mr. President. This amendment deals with the subjects of Statefs attorneys' report of fees. Many years ago Section 4-2006 was placed in our Code, requiring State 's attorneys 13  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 to make an annual report of a11 fees collected by the State's I attorney, and that they would have been paid over. Well, for many, many years now, the State 's attorney 's office collects no I fees. A1l fees in court are paid through the -- the clerk's j office. Thls bill does not abolish the report requirement, but does allow for a waiver of a report of fees by the State's i attorney, when there is a written administrative order of the chief judge of the circuit upon written request and affidavit of I the State's attorney of a county that all fines, fees, forfeitures and restitutions are collected by the clerk of the circuit court, and that none of those funds pass through the office of the State 's attorney. I Would be happy to try and answer any questions; otherwise, would ask for the adoption of Senate Amendment No . 2. PRESIDENT ROCK: The Gentleman has moved the adoption of Amendment No. 2 to House Bill 3495. Discussion? If not, al1 ln favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted . Further amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCK: 3rd Reading . 3739. Senator Topinka seeks leave of the Body I to return House Bill 3739 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3739, Madam Secretary. SECRETARY HAWRER: Amendment No. 2 offered by Senator Topinka. PRESIDENT ROCK: I Senator Topinka. SENATOR TOPINKA: i 14 L - -  STATE OF ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Yes. Mr. President, Zadies and Gentlemen of the Senate, this amendment would add languaqe to clarify the definition of ( educational facilities that may be leased by school districts. It's brought to us by one of my high schools - Morton High School I l District - and it's recommended by their legal counsel and bond I ! counsel, and that's What this does.

Senator Topinka's moved the adoption of Amendment No. 2 to House Bill 3739. Discussion? If not, al1 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. 3857. 4027. Senator Welch seeks leave of the Body to return that bill - bottom of page 20 - to return 4027 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 4027, Madam Secretary.

Amendment No. 1 offered by Senators Palmer and Welch.

Senator Palmer. '

Thank you, Mr. President and Members of the Body. This amendment requires municipalities and counties having more than a hundred thousand inhabitants to study the feasibility of quantity I based fees, and to implement those fees at the earliest opportunity. It requires the City of Chicago, in cooperation with I the Energy and Natural Resourcesz to implement two pilot quantity based fee collection projects. It amends the Illinois Solid Waste Management Act to require the Governor to appoint a fifteen-member i I 15  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992 solid Waste advisory committee and adds an immediate effective date. This amendment was asked for by the Citizens for a Better Environment, and the Illinois Environmental Council, which had been working with various interest to design a bill that would encourage quantity based Waste fees and yet would allow flexibility to municipalitles. Such a program is already in operation in the City of Springfield and in Woodstock: Illinois, and I ask for a favorable vote.

All right. The Lady has moved the adoption of Amendment No. 1 to House Bill 4027. Discussion? Senator Donahue.

Thank you, Mr. President. T have a questlon of the sponsor: please.

Indicates she will yield, Senator Donahue.

Senator Palmer, is this the one that creates the task force situation?

Senator Palmer.

No, Senator.

Fureher discussion? Senator Melly.

Thank you, Mr. President. Another question?

Sponsor indicates she will yield, Senator Kelly.

Senator Palmerr you know that the South Suburban Mayors and Managers Association had done an extensive and very costly review 16  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 I of -- of this matter. Will this place an additional burden upon theme and will there be a cost factor, and will they be required after they've already gone through this study? E

Senator Palmer. I ! E

! To my knowledge , no, Senator. They Ive already done the study. !

: Further discussion? If not, the Lady's moved the adoption of Amendment No. 1 to House Bill 4027. A1l in favor, indicate by l saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments? SECRETARY HAWKER: j ! No further amendments. PRESIDENT ROCK: ; 3rd Reading. Paqe l7, Ladies and Gentlemen, on the Order of House Bills 3rd Reading, we will continue where we left off I yesterday and proceed immediately, numerically, through the Calendar, dealing with a1l those bills that have been ruled exempt. And again, I remind you that the Chair has been informed I ; that at five o'clock this afternoon there will be a memorial service at the Cathedral in honor of -- in memory of Michael ! Howlett. All, obviously -- the family has invited a1l to participate. So we will make the proper adjustments so that we can be there. Page 17 on the Calendar. On the Order of House Bills 3rd Reading. 3598. Senator Davidson. 3605. Senator Welch. 3607. Senator Raica. 3610. Senator Savickas. 3622. Senator Rea. Read the bill, Madam Secretary, please. Middle of page l7, Ladies and Gentlemen. This is final action. We're on the Order of House Bills 3rd Reading. Read the bill, please.

House Bill 3622. I i 17 > STATE OF ILLINOIS 87th GENERAL ASSEMBLV 1 REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 i (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Rea. SENATOR REA: Thank you: Mr. President, Members of the Senate. House Bill 3622 amends the Explosive Act, defining ''magazine'' as a storage place for explosives either above or below ground. I know of no opposition to this, and would ask for an Aye vote. PRESIDENT ROCK: Discussion? Any discussion? If not, the question is, shall House Bill 3622 pass. Those in favor Will vote Aye. Opposed: vote Nayy and 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, there are 56 Ayes, no Nays, none voting Present. House Bill 3622, having received the required constitutional majority, is declared passed. 3625. Read the bill, Madam Secretary, please. SECRETARY HAWKER: House Bill 3625. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Demuzio. SENATOR DEMUZIO: Thank you, Mr. President. House Bill 3625 does indeed consolidate the Comptroller's three local government advisory boards into one board. Currently the Comptroller appoints members of khe local advisory -- Local Government Advisory Board, the Board of -- Municipal Audit Advisory Board, and the County Audit Advisory Board. And what she wants to do is to combine those into - - those three boards into one. I know of no opposition, and I 18  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 I would seek your favorable support.

Discussion? Any discussion? If not, the question is, shall House Bill 3625 pass. Those in favor will vote Aye. Opposed, ! vote Nay: and 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, there are 55 Ayes, no Nays, none voting Present. I House Bill 3625, having received the required constitutional I majority, is declared passed. 3628. Senator Demuzio. Read the bill, Madam Secretary, please.

House Bill 3628. (Secretary reads title of bill) 3rd Reading of the bill. !

senator Demuzio.

Thank you, Mr. President. This bill has two provisions. One - it requires the Economic and Fiscal Commission to issue estimates of qroup health insurance costs and required pension contributions during tbe third week of March: wben the Commission issues its revenue estimate. And We amended the bill in the -- in I ! th ! e Senate to codify currently what the House and Senate i I accounting practices already are for district office expenses. The change would permit the Comptroller's Office to eliminate the need for duplicative accounting, and I would ask for your support.

Discussion? Any discussion? If not, the question is# shall House Bill 3628 pass. Those in favor will vote Aye. Opposed r ! vote Nay, and the voting's open. All voted who wish? Have al1 I voted who wish? Have all voted Who Wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. 19 : STATE OF ILLINOIS ' 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 House Bill 3628, having received the required constitutional majority, is declared passed. 3630. Senator Cullerton. 3650. l 1 Senator Severns. 3651. Senator Carroll. 3666. Senator Welch. ! . Read the bill, please. We're at the bottom of page 17. On the ! Order of House Bills 3rd Reading is House Bill 3666, Madam i ' Secretary. SECRETARY HAWKER: House Bill 3666. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCKI Senator Welch. SENATOR WELCH: Thank you, Mr. President. What this bill does is amend the Environmental Protection Act by exempting the medical waste transportation permit requirenent for haulers of potentially infectious medical waste, which are noncommercial - those are the ones that are not professional waste haulers - and involve less than fifty pounds of such waste at any one time. What the bill also does is extend by six months the deadline for the Pollution Control Board rules concerning potentially infectious medical waste treatment storage and transfer. And it also establishes a one-and-a-half-cent-per-pound fee on potentially infectious . medical waste received by a storage or treatment facility delivered by haulers exempted from permits. I'd be glad to answer any questions. PRESIDENT ROCK: I Discussion? If not, the question is, shall House Bill 3666 pass. Those in favor, vote Aye. Opposed, vote Nay, and the voting's open. A1l voked who wish? Have all voted who Wish? Have al1 voted who wish? A1l voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, 1 voting Present. 20  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23y 1992 House Bill 3666, having received the required constitutional majority, is declared passed. Top of paqe l8. Page 18, Ladies and Gentlemen. 3673. Senator Jones. Read the bill -- 3674. Senator Luft. 3676. Senator Jones. Read the bill, please.

House Bill 3676. (Secretary reads title of bill) 3rd Reading of the bill. r PRESIDENT ROCK: i . Senator Jones. ' SENATOR JONES: ' Thank you, Mr. President and Members of the Senate. House Bill 3676, as amended, amends the Metropolitan Water Reclamation i District , and it appoints a director of information technology. 1 j I This year the department created a blue-ribbon committee -- i k advisory committee composed of informational officers from five : major corporations, and it advised the district that they should have this -- this position as -- as information director, because by pulling a1l -- pooling a11 this computer 'work under one resource they will be able to save money and at the same time have growth and not spend money outside the district for consultants. So this is what the bill does. That's all that it does. Ask for a favorable vote. E i PRESIDENT ROCK: ; i Discussion? Any discussion? If not, the question is, shall : House Bill 3676 pass. Those in favor will vote Aye. Opposed , vote Nay, and the voting's open. A11 voted who wish? A11 voted who wish? Have al1 voted who wish? Take the record. On that l question, there are 44 Ayes, 8 Nays, none voting Present. House Bill 3676, having received the required constitutional majorityy is declared passed. 3692. Senator DeAngelis. 3695. Senator Berman. 3707. Senator Schuneman. 3711. Senator Jones. Read i 21  i ! STATE 0F ILLINOIS ! 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT I 123rd Legislative Day June 23, 1992 the bill, please. 3711. Middle of page 18. SECRETARY HAWKER : House Bill 3711. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Jones. SENATOR JONES: Thank you, Mr. President. House Bill 3711 permits Stake banks to acquire national banks which are in default or in danger of default. That's all the bill does. I ask for a favorable vote. PRESIDENT ROCK: Discussion? Any discussion? If not, the question is, shall House :i11 3711 pass. Those in favor will vote Aye. Opposed, vote Nay, and the voting's open. Have all voted who wish? Have all voted who wish? Have a1l voted who Wish? Take the record . On that question, there are 55 Ayes, no Nays, none voting Present. House Bill 3711, having received the required constitutional majority, is declared passed. 3713. Senator Schaffer. Read the bill, please. SECRETARY HAWKER: House Bill 3713. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Schaffer. SENATOR SCHAFFER: Mr. President, House Bill 3713 amends the Public Aid Act and the Department of Mental Health and Developmental Disabilities Act. It requires the various State agencies involved with services for the developmentally disabled to Work together, through cooperative agreements, to put central control for 22 I !  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 developmental disability programs under the Department of DD -- Mental Health and Developmental Disabilities. Any of us that have dealt With these issues for the last few years know how diversified these programs are. Some of it is because of federal requirements; some of it is, I don't know, evolution, but the bottom line is that the system is unnecessarily complicated, cumbersome, and a lot of people are not receiving the kind of services and treatment that I think most of us Would like to see them get. The bill has a one-year delay, and I suspect in the course of that one year, as these various agencies and the outside groups that provide services for or advocate for the developmentally disabled work on this project, that next year's General Assembly will probably see some follow-up on this legislation. But the central idea of the bill is to see that programs for the developmentally disabled are located in the appropriate department; they are not fragmented, and that people receive the type of services and treatment that they should receive from *he State. I'd be happy to answer any questions.

Discussion? Is there any discussion? Senator DeAngelis. SENATOR DeANGELIS: Question of the sponsor, Mr. President.

Sponsor indicates he will yield. Senator DeAngelis. SENATOR DeANGELIS: Senator Schaffer, what happens if these agencies reach impasse?

Senator Schaffer.

I think, frankly, they all do work for the same person, and the Governor's Office is in support of the bilk and -- as are the 23  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 various departments. I see no reason that impasse should be i arrived at. I see some spirited debate. I see some controversy, but in the final analysis, I think everyone in the departments has the interest of the developmentally disabled first and foremost in ! their minds, and that compromise will be arrived at. PRESIDING OFFICER: (SENATOR DEMUZIO) ! Discussion? Senator Topinka. SENATOR TOPINKA: j I Yes. Mr. President, Ladies and Gentlemen of the Senate: when we discussed this bill in committee, I Would like to point out E that probably every mental health and developmentally disabled group in the State, save one, supported this concept and with Director McDonald ls hands-on approach to basically one-stop shopping to try and make some kind of sense on what is this morass that is now what we have in this nonsystem system of tryin: to get . services for our mental health and developmentally disabled I l people. It's a tremendous first step. Is it -- is it an overwhelming first step? Yeah: but you got to start somewhere, and I think this is very courageous, does the job, and certainly does have the support of 99.9 percent of all the organizations involved. I

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Purther discussion? Senator Alexander.

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

PRESIDTNG OFFICER: (SENATOR DEMUZTO) Indicates he will yield.

Thank you, so kindly. Senator Schaffer, I'm looking at the Democratic analysis of this piece of leqislation, where it says that the department does not - does not - have an excellenk record of managing and overseeing its own facilities and servicesy 24  STATE OF ILLINOIS i 87th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 ( relative to the developmental disabled: and that it - the department - has been cited numerous of times for violations of federal Medicaid standards by the U.S. Health Care Financing Administration. I guess my question ise whether or not these community care workers, Who are in our various districts - have they, to your knowledge: not -- not been doing a reasonable jobz to your knowledge?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer.

Well, to my knowledge, part of the problem, I suspect mentioned in your staff analysis, brought about by the faet that these programs are fragmented between many departments. Everybody has a piece of the action; nobody's responsible. Public Aid funds this; DORS funds that; DMHDD funds this. They have conflicting policies, conflieting rate structures. We have evolved a very complicated, cumbersome system, and anyone that's tried to placey particularly adolescent children, through the State system, either in a State institution or throuqh a community program, knows exactly what I'm talking about. Yes, there are problems, but the bill attempts to solve those problems and to improve the system. And will it be without controversy? No. Will there be serious discussions? Will there by turf fights? Yes. But when we get done, what will we have? We will have a system that provides better services for the developmentally disabled in this State. That is what the bill is trying to doy and that's what we ask for your support for.

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

Thank you very much. We have a similar system like this already in play in -- in Dupage County. Everybody is sitting 25  STATE OF ILLINOIS 87th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 ; down. We did have turf wars at first. The lead agency is the ! Department of Mental Health. What We are doing is# We are saying that -- that the concern for the DD kids and adults is that they are retarded: or they have special needs which are best met by the Department of -- of Mental Hea1th, who have the skills and the knowledge on how to take care of these people. Public Aid 's basic portion of this whole problem is that they are the ones that furnish the moneys to feed and clothe them, but they really do not have the programs that take care of them and -- and assist them to lead a better quality of life. I think this is an excellent idea. I have seen that it Works. We ought to -- we ought to go forward With this bill, and I ask for an Aye vote.

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

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

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

Thank you. Senator Schaffer, I am a little bit concerned about this bill. I know that they said that most everybody was for ite except one of the providers, which is the Illinois Association for Rehabilitation. But I am wondering about the providers and how soon -- you said that you have a whole year of waiting - and the way that they are and the condition that our rehabilitation services and providers are right now , I don 't see how we can wait a whole year in order to give them the satisfaction of what you have under this bill. I just don't -- I don't see how we can do that.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer. SENATOR SCHAFFER: ' 26 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Well, frankly, I think the -- the type of intergovernmental agreements that need to be hammered out will take a year, and the alternative is to do nothing, which obviously doesn't help anybody. There was a suggestion that this bill be delayed an additional year. In factz I think it Was your amendment, Which you kindly withdrew. So I -- I think, frankly, sometimes you lve just -- to get progress, youdve just got to set a deadline and put people on task and get them to it, and that's what this bill attempts to do. If we were to make it a shorter period, I think many of the groups that are for it would be concerned about the lack of public input. I think it's a reasonable time period. It -- it sets a definite date and gives them the time to get the job done. The departments are committed to doing this; I think we ought to allow them . PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Yes. And I would like the record to show that this is not my second appearance; it's the last half of the first one that you eut me off from. PRESIDING OFFICER: (SENATOR DEMUZIO) Your time is up. SENATOR DeANGELIS: The -- Senator Schaffer# I'm glad that -- I'm glad you've heard some of the other comments, because I myself, personally, heartily endorse this bill. My concern, however, is that there are current prosrams housed in other agencies that are doing realr real well. What we don't want to see is the movement of a program from one place to another, and then find that that program that once was excellent becomes either mediocre or bad . So what I would like the legislation to reflect - or at least the legislative intent to reflect - is that every effort will be made 27 D STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 between now and next year, to input -- get the input -- from a1l these people, to make sure when the implementation is done, it's done in the best manner. i PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Collins. SENATOR COLLINS: i Question of the sponsor, please. PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he Will yield. SENATOR COLLINS: Senatorz did this bill have any input from the community-based agencies? I ! PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer. SENATOR SCHAPFER: I have a list in my hand of almost a hundred community-based agencies who formally endorsed this proposal - who advocated, who plead for it. A hundred and forty-one. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins. SENATOR COLLINS: Yes. I -- then does it -- how does it impact on the real problem that we have in the administration of these programs and making sure that these people who are entitled to service, get program? How does it really impact on the difference between our I laws and how We -- eligibility criteria and the federal criteria, which one is functional and one is categorical? Because that has posed -- has been one of the most serious obstacles in the way of a 1ot of these people falling through the cracks in Illinois and not being able to receive service. So that, would this kind of i coordination and consolidation you're talking about enhance that l i situation in any way? i ' l 28  STATE OF ILLINOIS 87th GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Schaffer. ' S I ENATOR SCHAFFER: j : It does not address or attempt to address the qualifications -- the definitions that We 've argued about lo# these many years. ! So it doesn't impact on the first part of your question. On the second part of your question, it most definitely is designed to : provide better services for more people. That's the goal - to i eliminate this complicated crazy quilt system that we have now, where somebody has to deal with a bunch of agencies. l I

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins.

To -- to the issue: Senatorz I -- I concur With you, not -- not only this program, but I think that we Would serve people better, and save tax dollars, if we consolidate many of the human service programs out there. So therefore, I am not opposing to that concept. 1 am a little skepticalr at this point: as to just what is the impact of what youdre doing and how it's being done. I -- I guess I Would feel a little more comfortable here if We could really see some kind of real proposal as to hoW thks is going to be done and What is the overall impact. Has there been an impact studyz and how did you make the determination that this, in fact -- this kind of consolidation would in fact improve delivery of services? And I'm not sure that those questions has been answered .

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

I rise simply to support House Bill 3713. I think it's the right thing to do and the time is right. There Will only be a few ! i 29  STATE OF ILLINOIS 87th GENERAL ASSEMBLY 4 REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992 ! ; i months between the time it is signed and the time that We can actually see some progress toward the goal: and with the director that we have there, I think we will have a excellent Work product. j I PRESIDING OEFICER: (SENATOR DEMUZIO) I i A1l right. Further discussion? If not, Senator Smith may -- Senator -- Senator Smith. SENATOR SMITH: ! I Yes, sir. I Want to say to our sponsor: the concept that you have possibly is good, but the only thing that I'm concerned about is when we leave these Chambers and have to go back into our communities and witness all of the suffering that is going on with these providers, and you say, wait another year. I don't think a 1ot of those people won't be here another year: because of our laxity here. It's nice to wait, but there always -- as the saying is -- there's -- ''A - sittin' and a-waitin' never made a body great. God provides the fishin', but you must dig the bait.'' And so I'm saying to you, in this Legislature, that I think that we should be busy about diggin' some baits, and do something for these people. These people are citizens here in the State of Illinois, and where you are comfortable in your setting, these people are suffering every night. It's very easy to say we'l1 wait another year, but time is -- is at a premiumz and so I hope that in the deliberation and -- and -- and the -- and the exercising of this legislation, you think about that. That's a1l I have to say. Thank you.

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

Will the sponsor yield?

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

30  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Senator Schaffer, I just want to read you something here E that's in our analysis. And I know youîve often worked to try to ' 5 say and help this place along. It says here, DMHDD does not have an excellent record of managing and overseeing its own facilities and services relating to the developmentally disabled. It has frequently been cited for problems at the Howe/Tinley Park ' Development Center for violation of federal Medicaid standards by i the U . S. Hea1th Care Financing Administration and by the Illinois ! ; Department of Public Health. It is difficult to justify DMHDD i taking the lead role for systems integration, considering historic i ; deficiencies of the current State system that mental health : experts across this country have rated as one of the worst in the l nation. And now you want to turn that over to those people? i PRESIDING OFFICER l : (SENATOR DEMUZIO) I ' 1 Senator Schaffer. i SENATOR SCHAFFER: 1 T I o answer that question again: one of the reasons, I think, j some of those criticisms are justifiable is because of the complicated diverse system we have, where everybody has part of the action and nobodyfs responsible. What we're attempting to do with this is to finally get a1l the DD programs, DD planning, the ! DD responsibilities, in the hands of one agency and saying, I'You are responsible. Don't tell us it's the Public Aid Department's fault or Public Hea1th, or DORS. It's yours. We hold you accountable. We hold you responsible for the stewardship for these people, and you no longer have any excuses.'' That's What Wedre trying to do.

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

Thank you, Mr. President. Will the sponsor yield for a question? 31  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I ! 123rd Legislative Day June 23, 1992 i I

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

Senator Schaffer, I certainly agree wikh you in that We need a system that provides leadership. I just have one question, and i I'm not clear from our analysis. What will be the input -- what means will the agencies have for input into this system, so that their varied interests are protected? PRESIDING OFFICERI (SENATOR DEMUZIO) Senator Schaffer. SEXATOR SCHAFFER: ! I've talked to Director McDonald and some of the other people ' thatdll be involved in this process, and I have been assured that i al1 community agencies and advocacy groups for the developmentally disabled, be those people that are primarily interested in community-based or institutional-based, will be - have been already, as witness the fact that a hundred and forty-one of their groups have formerly endorsed this proposal - involved in the process to have it work. They have to be. And if anyone is familiar -- I -- I shouldn't get too effusive about a director, but if we've every had a Director of the Department of Mental Health Who understands the duplicity of the State system, and who understands how to make it work, that gentleman is in place today . This is a golden opportunity to move forward - to evolve a better system for the developmentally disabled in this State - and I only hope welll take i*.

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Schaffer, do you wish to close? Senàtor Schaffer.

You know, perhaps out of bad times occasionally good things come . The last few years have not been very much fun for those of 32  STATE OF ILLINOIS 87th GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 us in State Government, when it comes to money. But one of the outgrowths of that is that I think it hasz for the first time, made some of our bureaucracies receptive to change - change to develop systems more efficiently. They understand that there isn't unlimited money. They aren't going to be able to have i duplicate services and duplicate inspectors. They understand that they need to become more efficient. And because of the hard times - I think for the first times - we have an historic opportunity to get the agencies together and to move forward for real progress to eliminate this complicated system that's evolved in the last forty years - to get people to think perhaps of the clients instead of turf. This is a golden opportunity, and I urge your support of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, shall House Bill 3713 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 47# the Nays are 5, 2 voting Present. House Bill 3713, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3716, Mr. Secretary.

ACTING SECRETARY: (MR. NAQRY) House Bill 3716. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Leverenz.

Thank you, Mr. Preside'nt. House Bill 3716 Would require that the Audktor General conduct a single program audkt of the Section of the Public Aid Code pertaining to the enforcement of property transfers of institutionalized persons. The intent of the bill is i 33  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 to review the Medicaid eligibility requirements, and make them a priority for the department, to target the limited Medicaid funds for the very poor or low income, and would save money for the State. I urge your Aye vote. Answer any questions that you may have.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall House Bill 3716 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who Wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 56# the Nays are none, none voting Present. House Bill 3716, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3718, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3718. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3718 may not be quite enough. It appropriates five dollars to the Department of Commerce -- Conservation, and I would urge a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall House Bill 3718 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have al1 voted who Wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. House Bill 3718, having received the required 34  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 I constitutional majority, is declared passed. House Bills 3rd I Reading is House Bill 3719, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) j House Bill 3719. (Secretary reads title of bill) i 3rd Reading of the bill. I

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3719 appropriates five dollars to the State Fire Marshal. I would answer questions, and ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? The question is -- if not, the question is, shall House Bill 3719 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted Who Wish? Have all voted Who wish? Have a1l voted Who Wish? Take the record. On that question, the Ayes are 54, the Nays are 1, none voting Present. House Bill 3719: having received the required eonstitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3720, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 3720. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. 3720 is a DASA bill. It's a vehicle. It deletes the effective date and appropriates fkve dollars to DASA . I move for 35  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 the adoption -- for the passage of this legislation. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, then the question is, shall House Bill 3720 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 a1l voted who Wish? Take the record. On that question, the Ayes are 52, the Nays are 2, 1 voting Present. House Bill 3720, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3724, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) House Bill 3724. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll. SENATOR CARROLL: Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3724 appropriates five dollars to the Auditor General. I would ask for a favorable roll call. PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If notr the question is: shall House Bill 3724 pass. Those in favor will vote Aye. Those opposedz Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 50# the Nays are voting Present. House Bill 3724, having received the required constitutional majority, is declared passed. Page l9. House Bills 3rd Readingz House Bill 3726, Mr. Secretary. ACTING SECRETARY: (MR. HAQRY) House Bill 3726. (Secretary reads title of bill) 36 ;  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i i 123rd Legislative Day June 23, 1992 ! I l 3rd Reading of the bill. j PRESIDING OFFICER I : (SENATOR DEMUZIO) j Senator Carroll.

Would you hold, please, 3726, 27 and 28. 1 I

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Take it out of the record. 3729 is on the Recall -- Was on the Recall List this morning. 3746. Senator Jones. 1 I House Bills 3rd Reading is House Bill 3746, Mr. Secretary.

ACTING SECRETARY: (MR. HAPRY) House Bill 3746. : (Secretary reads title of bill) i ! 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

Yeah. Thank you, Mr. President. House Bill 3746, as amended - - it allows a converter dolly to change semi-trailers to full-trailers to allow for multiple use of trailers. This is a recommendation from the State Police, and defining the dolly will clarify the enforcement when it is pulled alone, avoiding the charge of illeqal combination. Also in the bill is that local governments can fine overweight trucks that -- exceeds posted speed <sic> limit, and that fine can be for fifty dollars, and if the -- it is over the weight limit, it's seventy-five dollars per five hundred pounds or a fraction thereof. This amendment was worked out with the Municipal League, had a little controversy in committee. I know of no opposition; I ask for a favorable vote.

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

Thank you, Mr. President. Question of the sponsor? 37  STATE OF ILLINOIS 87th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

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

Senator Jones, I know right now that you have like two trailers, you know, connected to a truck. Does this extend it to three?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

No, kt doesn't. What it does is -- this is a common practice that is used -- it's a converter dolly. See, right now, if they had that vehicle out there with that dolly by itselfz and they convert it, then -- it's a technicality. All this does is clear up the technicality. They may drop a trailer, go a hundred miles, pick up another trailer; so this allows them to do this withouk being in violation of the Vehicle Code. So the State Police recommended this, and there's no problem there. PRESIDING OFFICERI (SENATOR DEMUZIO) Further dkscussion? If not, Senator Jones may close.

I just ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall House Bill 3746 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted Who wish? Take the record . On that question, tbe Ayes are 55, the Nays are none voting Present. House Bill 3746, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3754, Mr. Secretary.

ACTING SECRETARY: (MR. HANRY) House Bill 3754. (Secretary reads title of bill) 38  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIFT 123rd Legislative Day June 23, 1992 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) I Al1 right. Senator Woodyard.

Thank you, Mr. President and Members of the Senate. House Bill 3754 is the State Police and CMS administration bill that basically does three things. It would allow the State Police to capture funds from private foundations, Which it presently: evidently cannot do. There is a total of sixty-one million dollars that are donated to 1aw enforcement agencies in the entire United States, and our hope is to at least be able to capture part of that. It also expands language in the Missing and Exploited Childrens Trust Fund, and the third component is that it would allow for recovery of training expenses incurred by the Illinois State Police for in-house training. Also within that particular component, it -- it would say that a trainee Would have to be employed by the State Police for at least two months for every one month of -- of training . Very similar to what We do With other student-type loans. The fourth component is the amendment that we added yesterday, that deals with us opting as a State into the compact formed by Florida, Georgiaz Tennessee, Kentucky and Indiana, for the establishment -- of an Amtrak service line between Jacksonville, Atlanta and Chicago. And the intent by Amtrak is to -- is to get their trains into the Chicaqo market by 1996 for the Olympics that would be held in Atlanta. The bill is -- has no money in it, and it would be subject Eo any appropriations, so thereby the State is not obligatin: itself for any money, and the Department of Transportation is neutral on it.

PRESIDING OPFICER: (SENATOR DEMUZIO) Discussion? If not, the question is# shall House Bill 3754 pass. Those in favor will vote Aye. Those opposedr Nay. The voting is open. Have all voted who wish? Have all voted who I 39  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leéislative Day June 23z 1992 wish? Have all voted Who wish? Take the record. On that I question, the Ayes are 55z the Nays are nonez none voting Present. i I House Bill 3754, having received the required constitutional i majority, is declared passed. House Bill 3769. 3785. Senator Carroll. 3785, Mr. Secretary.

ACTING SECRETARY: (MR. NADRY) E House Bill 3785. ! I (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. As House Bill 3785 now stands: this creates the Child Fatality Task Force within the Department of Children and Family Services, some twenty-five members, basically uncompensated, and -- the purpose of which is to review cases when a child 's death occurs and the child had been a ward of DCFS. I believe that this is something long past due. I think this has been worked on long and hard by Members of al1 sides of the aisle: both sides of the Rotunda. I Would be Willing to answer questions; Would ask for a favorable roll call. i

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall House Bill 3785 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 56, the Nays are none, none voting Present. House Bill 3785, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3787. Mr. Secretary, read the bill. i

ACTING SECRETARY: (MR. HADRY) 40 ï STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legkslative Day June 23, 1992 House Bill 3787. (Secretary reads title of bill) 3rd Reading of the bill. ' PRESIDING OPFICER: (SENATOR DEMUZIO) If anyone wishes to ask Senator DeAngelis some questions, he has his adviser standing right behind him. Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. House Bill 3787 comes from the Fire Marshal's Office, and extensively amends the Boiler and Pressure Vessel Safety Act to conform with the American Petroleum Institute and the National Board of Boiler and Pressure Vessel Inspectors. I urge the adoption of House Bill 3787. PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall House Bill 3787 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 57, the Nays are none, none voting Present. House Bill 3787, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 3794, Mr. Secretary. ACTING SECRETARY: (MR. NAQRY) House B1ll 3794. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) sena*or Cullerton. 6ENATOR CULLERTON: Thank you, Mr. President, Members of the Senate. The Legislature, back in 1897, passed a bill Which -- a portion of which we would wish to repeal. That 1aw permits aliens to hold title to property for only six yearsz after which time the land 41  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23g 1992 i must be conveyed to someone else. What ehis bill does is to take I that requirement out of the law. However, we do say that this Act i does not apply to the Agricultural Foreign Investment Disclosure 1 Act, which was a more recent bill which we passed to have an idea ! I as to how -- how many foreign -- What the foreign ownership is of our farmland. Be happy to answer any questions. I think this is ! a time to repeal an outdated Act: and ask for an Aye vote .

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

Question of the sponsor.

PRESIDING OPPICER: (SENATOR DEMUZIO) Indicates he wil1 yield, Senator Welch.

The other day when this bill was up, someone asked about what other countries do as far as United States citizens owning land in their countries. What is the law in -- in Japan? Can -- can Americans own land in Japan? Can Americans own land in England? Can they -- what -- what do you know about the reeiproeity of enacting such a law?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.

Yes. You're correctr Senator; we did take this out of the reaord so that I could do research on a1l of the nations of the World to see What their laws were with regard to foreign ownershlp . But then I stopped, because I realized that that task would be too great, and it occurred to me in discussions with Senator Dudycz, that what this bill is really aimed at Would be a situation -- a typical situation in Chicago, where you could have an immigrant from Eastern Europe come over to the United States, save money, purchase a two-flat or a bungalow , and not realize I I 42  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 that the 1aW says that they cannot own that for more than six years. If we were to look for reclprocity with other nations, especially the nations of Eastern Europe, Where we would say a Polish immigrant can 't oWn land here unless Poland changes the 1aw and says that Americans can own land there, it Would be disastrous, because I would suspect that in Eastern Europe, those Communist -- former Communist states don't have reciprocity . So I think as. a -- as a philosophy, we just decided - that is the sponsor, and Senator Dudycz is now a eo-sponsor - as a philosophy, we 're saying, ''Lookitz if someone comes to this country, they save their money, they purchase property, there fs no reason in the world not to let them own that property.'' However, we do say: with regard to agricultural land, that we passed a bill a few years ago that said we want to have a register. We want to have an idea as to how much land is owned by foreigners. That remains the same. But the -- the prohibition that was put in the laW in 1897, saying foreigners -- aliens could not own property, is outdated, and as a result we -- we've rejected the concept of reciprocity, and -- and for that reason, I Would urge an Aye vote aqain.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Welch.

Welly Senatorg I commend you on using the country of Poland as an example to get Senator Dudycz's sponsorship, but let's -- let's take a -- letfs take an example of a piece of property that is not owner-occupied, but it is used and purchased by a country that has high real estate costs and very little land - such as the country of Japan - and they want to speculate in the American real estate market. The aqrieultural exemption Was basically done to prevent speculation by nonfarmers and corporations into farmland. I think that was the basic purpose, as opposed to your example, which is an owner-occupied piece of property. It -- what would 43  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 you think of an amendment saying that an owner-occupied piece of I property is -- is different from land that is not owner-occupâed, 1 which would tend to be speculative? i PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton. SENATOR CULLERTON: Well, the reason why the bill came from the Chicago Bar Association is that, -- as a matter of fact, for those people who were obeying the law, all they were doing was, after six years, they were conveying the land to a straW man, and then conveying it back to themselves. Just making work for some lawyers and avoiding the -- the requirement of the law that they not -- they can only own it for six years. So thks waE just a ruse that was going on in order to get around the law. The same ruse would -- could be established with regard to nonowner-occupied land, and I just don't see the need for it: myself. I really don't -- don't think that this concept of reciprocity is important. Why wouldn't a Polish person who bought a cleaners, or a Korean person who bought a cleaners, that's -- they don't live in - why should that -- they have to go through this ruse? I just really don't see the - - the conaept of reciprocity as fitting into this law. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Demuzio. SENATOR DEMUZIO: Well, thank youz Mr. President. You know, a 1ot of What we do around here is perception rather than realism , and in this particular bill, I suppose that anybody Who's running for 1 reelection that -- this bill somehow or other can be perceived as I somehow or other we have given to the foreigners a1l of our land and our buildings and our properky and -- and whatever else is available. I think everyone ought to really take a close look at ! this one, simply on the political part of this, rather than on its 44 k -' i -.- . --..  STATE OF ILLINOIS i 87th GENERAL ASSEMBLY : REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 . merits, because if you're able to defend this, fine; if you are ' E . not, you ought to take a serious look at it. ! PRESIDING OFFICER: (SENATOR LECHOWICZ) j I Lady from Lake, Senator Geo-Karis. l SENATOR GEO-KARIS: 1 Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.

Do I understand that there ks a law on the books now khat says that farmland cannot be acquired by aliens? Is that right?

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Cullerton.

No. There is a Statute called the Agricultural Foreign Investment Disclosure Act, which simply does not prohibit foreigners from owning agricultural -- it just makes them -- I guess it makes a list of the owners. And -- and what Welre saying is, with regard to this bill -- weîre specifically exempting this Section from that Act.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Geo-Karis.

Mr. President and Ladies...tmachine cutoffl...

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Geo-Karis, please.

Mr. President and Ladies and Gentlemen of khe Senate: the bill that Senator Cullerton is trykng to repeal is really an anachronism in the law, because if we a11 stop to think, we al1 come from foreign stock at one kime or another. There are many people - a lot of older people - who probably don't realize that - 45  STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23y 1992 the fact they may still be aliens, and yet theylre good citizens - : they could have their land taken away from them : if the State 's ë Attorney goes out and files a petition against them, since they j haven't become citizens in six years. I don't think we should discriminate. I think the bill has found its time, and I think the bill is in order, and I think we should clean up this anachronism, because we can 't deprive people. Like Senator Cullerton says, some of these Korean people came over legally, they try to work, not to be public charges. Are we goin: to penalize them? I speak in favor of the bill.

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

Question of the sponsor, please.

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

Senator, when you -- how -- are you defining 'alien'' as just someone during that period where they have not acquired citizenship? It's just that period? Okay.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton.

So then, if...

ïes.

If they don 't become a citizen they can still keep the land under your bill? Not being a citizen of the United States?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton.

46  STATE OF ILLINOIS 87th GENERAL ASSEMBLY ! I REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23y 1992 Why -- I mean... @

Yes.

Senator, With a1l of the Fortune 500 - most of them - and the mergers and the reorganization and the restructuring of businesses and moving to other countries: are dodging paying taxes in this country, and taking a1l of the jobs to foreign country. Now somehow you want aliens ro be able to -- and not become citàzens: ' and then buy up the property and own it in America, koo. You know - - what are we doing? I just don't quite understand what you're 1 doing. Maybe it's something I'm missing here. PRESIDING OFFICER: (SENATOR LECROWICZ) I Senator Cullerton.

Well: a11 of those evils that you speak of generally are in speculation in stocks and bonds. And this bill doesn't affect that. If foreign companies want to come in and buy out our companies with -- by purchasing stock, that's something which -- which goes on, and this bill doesn't affect it. What this bill talks about is specifically someone who is not a citizen, who owns property. Currently the 1aw allows them to own that property for only six years; then, as a general rule, if they are not violating the law: if they are aware of the lag: they transfer the property to a straw man, they transfer it back to them and then they go for another six years where they oWn the property. The Chicago Bar Association was aware of this practice. They thought it was 1 outdated. We looked at the 1aw that created this Prohibition. It *as passed in 1897, and so that's why they came up with this suggestion that we repeal it. It -- a more typical example is someone -- an immigrant -- who purchased either their home or a small shop, and this law requires them to -- to transfer it. Now I : 47  STATE OF ILLINOIS 87th GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT ' i 123rd Legislative Day June 23, 1992 why they donlt become citizens -- maybe they didn't pass the test; maybe they have a problem with the language; maybe it takes them eight years to become a citizen. Well, Why should they have to transfer their properky after skx years and then have it transferred back to them? That's -- it's silly.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Collins.

Senator: I -- first of all, I clearly understood when I made my first statements, that this bill had nothin: to do with the restructuring and reorganization and people moving to foreign countriesz and -- and manufacturing their goods or doing their business over there. I understand. But it fits into the whole economic picture in America, and that's why the federal deficit is khe way it is - because people are not paying taxes and people are not being employed in this country, because of those practices. I am not opposed to - and it has nothing to do with this bill - but when -- then when you couple with this, and say now we would allow foreigners; they don 't have to become citizens of the United States, ever - ever - to purchase land. That's what I asked you. Is this an indefinite thing? Because I am not opposed to someone who comes here with the sole intent purpose of becoming a citizen of this country, purchasing and owning land as a citizen, when they -- as a citizen, but not if they never intend to become a citizen, because what you are going to do here is add to what we already have that has totally destroyed this country economically, and we will never, ever be able to retrieve it again. And that's what -- what is so wrong with our policies - our federal policies - that have led us to where we are now with the federal deficit.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Gentleman from Lake, Senator Barkhausen.

48  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23e 1992 Will the sponsor yield?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will. : i I SENATOR BARKHAUSEN: I Senator Cullerton, is this your first bill? ! PRESIDING OFFICER: (SENATOR LECHOWICZ) i Hopefully it is. Senator Cullerton qsic>. I ! ! I SENATOR BAREHAUSEN: ! i I -- I must say, I1m having trouble Wondering why so many questions are being asked aböut a bill that was on the Agreed Bill List in committee, and as the spokesman of that committee, and feeling strongly that, in general, there ought to be a free international market in property of al1 kinds. I -- I understand that we have a week yet to go here in Session and not too many bills to debate, and having been here for a feW yearse I recognize the tendency to go on ad nauseam to fill a void that might I I otherwise exist. But I think the sponsor's bill is a good one, and deserves support, and it probably doesn't merit any continuing debate.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Keats.

Question of the sponsor. PRESIDING OFFICER: (SENATOR LECHOWICZ) ; I Indicates he will not yield. I : I

I Is this your last bill? I would rise in support. Senator Barkhausen just made a point. Wedre hearing a11 these political analyses of this bill. Let's not get carried away. You can read the whole bill. I mean, it's going to take you about two seconds. All it does is take an outdated 1887 <sic> Act and say, ''Hey, if you move here, you can buy propertyo'' Really. Read your 49  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 analysis. Read the bill. This is not a big thing. Believe me, itds a minor bill. It's just a fairness Act. I commend Senator Cullerton for enjoying this abuse and being kind enough to stand up and give us a figure to pillory for awhile, but believe me, this is not a major bill. Take a quick look at your analysis, and please give him some support and get on to the next bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. I don't Want to prolong the debate here, but I also rise in strong support of this legislation. I think this is a fairness issue. We 're talkin: about individuals who are legal residents, individuals Who pay plenty of taxes, individuals who are responsible homeowners, business people who are contributing greatly and are contributing to the stability of communities throughout the entire State. I think youdll find individuals who fall under this category in every single legislative district in the State of Illinois. So I hope that the Members will support this legislation.

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

Yes. I didn't realize at the time that this was on the Agreed List that it was -- this bill was tied to the federal deficit. I hope itls not. I hope it's just a simple bill, which I've tried to explain, and I Would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall House Bill 3794 pass. A11 in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a1l voted Who Wish? Have all voted Who Wish? Please take the record. On this question, there are 32 Ayes, 24 Nays, 1 recorded as Presentg and House Bill 3794, having received the constitutional 50  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 majority, is hereby declared passed. House Bill 3796. END OF TAPE 7 ! TAPE 2 I ! I PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Hudson, for what purpose do you seek recognition? Hudson, please. Senator Hudson, Ma'am. . SENATOR HUDSON: Thank you, Mr. Chairman. A very quick point of personal privilege, please. PRESIDING OFFICER: (SENATOR LECHOWICZ) State your point, sir. SENATOR HUDSON: In the President's Gallery, we have a group of students from Oswego High School and their teacher, Tom Fletcher. Tom has been down many times with his students, and they are students in North American Government. PRESIDING OFFICER: (SENATOR LECHOWICZ) Let the Senate recognize the ladies and gentlemen in the balcony. Let's give them a Warm Welcome. Hope you enjoy your visit. House Bill 3796. Senator Jones. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) House Bill 3796. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones. 51  1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992 SENATOR JONES: 1 Yeah. Thank you: Mr. President. House Bill 3796 amends the Nursing Home Care Act and sets forth conditions for which a i nursing home can be issued a two-year license. It also will give the Department of Public Hea1th more time to deal with those nursing homes who are deficient. I know of no opposition, and I ask for a favorable vote. PRESIDING OFPICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall House Bill -- excuse me. Senator Di Turi. Question is, shall House Bill 3796 pass. A11 in favor, vote Aye. All opposedz vote Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Please take the record. On this question, there are 57 Ayes, no Nays, none recorded as Present. And House 5ill 3796, having received the constitutional majority, is hereby declared passed. House Bill 3810. Senator Dunn. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) House Bill 3810. (Secretary reads title of bil1) 3rd Readin: of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn. SENATOR T. DUNN: Thank you, Mr. President. This bill is agreed to by the Supreme Court, Secretary of State, State Police, Circuit Clerk of Cook County and Dupage. It establishes a uniform conversion date to the Illinois Compiled Statutes, and I urge its adoption. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall House Bill 3810 pass. A11 in favor, vote Aye. A11 opposed: vote Nay. The voting is open. Have al1 voted Who Wish? Have all voted who Wish? Please take the record. On this question, there are 56 Ayes, no Nays, none 1 . 52  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992 recorded as Present. And House Bill 3810, having received the constitutional majority, is hereby declared passed. Please turn to page 20. Paqe 20 appears House Bill 3814. Senator Tom Dunn. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HAQRY) House Bill 3814. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.

Thank you, Mr. President. This Was an agreed bill, and it's at the request of LRB. Clarifies a technical error in the amendatory Act regarding the Child Labor Law. I urge its adoption.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall House Bill 3814 pass. A11 in favor, vote Aye. All opposedg vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who kish? Please take the record. On this question, there are 58 Ayes, no Nays, none recorded as Present. House Bill 3814, having received the constitutional majority, is hereby declared passed. House Bill 3815. Out of the record. 3823. Senator DeAngelis. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. NAQRY) House Bill 3823. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAnqelis. SENATOR DeANGELIS: Thank you, Mr. President. House Bill 3823 prohibits the 53  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 credit card sales from being passed through a merchant's accounts, unless the merchant actually provided the service or the product. There is an amendment on it to clear up the situation in which AT&T -- or stuff is ordered through the telephone. I urge the passage of House Bill 3823.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall House Bill 3823 pass. Al1 in favor, vote Aye. A11 opposed: vote Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Please take the record . On this question, there are 57 Ayes, no Nays, none recorded as Present. And House Bill 3823, having received the constitutional majority, is hereby declared passed. 3843. Senator Welch. 0h, that's on the Recall. 3857 was on Recall. 3867. Senator Philip. Lady from Lake, Senator Geo-Karis, what purpose you seek recognition?

Mr. President and Ladies and Gentlemen of the Senate, I have the pleasure of having in the President's Gallery today, Dr. Charles Schulze from the College of Lake County; and his mother and father, from West Palm Beach, Florida, Charles and Carmina Schulze - S-C-H-U-L-Z-E, and their tWo grandchildren, Chad and Danny Schulze. And my constituents are from Libertyville, Illinois - my neW part of my district. And I'd like you to help me welcome all. They're in the gallery today with their distinguished son, Dr. Charles Schulze.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Let's give them a nice warm welcome. Senator Severns, what purpose you seek recognition? Severns, please. Severns.

Thank youy Mr. President. I also rise on a point of personal privilege.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 54 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 State your point. ssxaTon scvsnxs: 1 It's my bonor today to have three of the best Senate Pages I think this Ploor has ever hady and -- my nephew -- two nephews, Graham z Weston, and my niece, Christen - the children of my twin sister who's up in the gallery, Patty Love, and Dou: Love and their grandparents - my parents, Don and Helen Severns. I'd like the Senate to join me in welcoming them. PRESIDING OFFICER: (SENATOR LECHOWICZ) Let's qive them a nice warm welcome. Make sure those Pages put in a full day. Senator Geo-Karis. Another introduction? SENATOR GEO-KARIS: Mr. President, Ladies and Gentlemen of the Senate, on a point of personal privilege. PRESIDING OFFICER: (SENATOR LECHOWICZ) State your point. SENATOR GEO-KARIS: We'd like everyone to know - and this is important - the Senate softball team of our young people beat the House softball team last Friday by a score of 10 to 4. And the members of our team here from the Senate were Chad Lucas: Chris Kratzer, Tony Trapani, Tim Nuding, Derrick Reynolds, Shelby Robersone Dave Metnick, Tom Monroe, Chad Scaife and Don Maxfield. NoW I think that's marvelous. They won two years in a row. We finally won our first one a couple of Weeks ago. So I think it's a step in the right direction. I think We should congratulate and applaud our young people who worked for us here, winning the Senate softball team game against the House. PRESIDING OFFICER: (SENATOR LECHOWICZ) Congratulations, all. Any more introductions? What about -- let's go on back to Senate <sic> Bill 3867. Senator Philip. Out of the record. 3870. Senator Jones. Out of the record. 3898 i 55  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 and 3902 are Recalls. 4002 -- 4022. Senator Xelly. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 4022. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President and Members of the Senate. House Bill 4022 would require the State Board of Education to complete a study and develop rules for the use of behavioral intervention for special education students. Behavioral education, as you know, is the use of physical techniques to restrain or control a special education student. We had -- in fact, what initiated this legislation was a special education student was actually locked in a box. This would require a -- a study, and certainly we should not have that kind of treatment of special education students. And I would appreciate your support, and answer any questions you might have.

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

Was the amendment that you tabled yesterday removed the mandate on all the school districts? k

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Kelly.

The -- the amendment yesterday Was Senator Berman 's amendment, and that was -- that was tabled, and that would not have any impact on this bill. This bill strictly deals With behavioral intervention of special education students now. 56 ï STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson. SENATOR DAVIDSON: Well, my understandin: -- that's the intent of the bill, but my understanding the way the bill is Written, that it would apply to al1 students, not just special education, in all school districts in the State. Is that correet? PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Kelly. SENATOR KELLY: No, that didn't have anything to do with that at all. PRESIDINC OFFICER: (SENATOR LECHOWICZ) Senator Kelly, to close. SENATOR KELLY: Appreciate your favorable support. PRESIDING OFPICER: (SENATOR LECHOWICZ) Question is, shall House Bill 4022 pass. A1l in favor, vote Aye. A1l opposede vote Nay. Tbe votlng is open. Have a11 voted who wish? Have a11 voted Who wish? Please take the record. On this question: there are 59 Ayes, no Nays, none recorded as Present. And House Bill 4022, having received the constitutional majority, is hereby declared passed. 4024. Senator Jones. 4025. 1 Senator Welch. 4027 is on Recall. Please turn to page 2l. Senate qsic> Bill 4030. Senator Mahar. Read the bill. Mr. j Secretary. ACTING SECRETARY: (MR. HAQRY) House Bill 4030. (Secretary reads title of bill) ; 3rd Reading of the bill. I PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cooke Senator Mahar. l SENATOR MAHAR: I 57  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Thank you, Mr. President and Members. This -- House Bill 4030 does two things. First of all, it makes a technical correction ! which ks being sought by the Legislative Reference Bureaus and secondly, there is -- includes a proposal of the Illinois Criminal Justice Information Authority, the State Police, and the Circuit Clerks Association to remove a redundant reporting requirement of th i e court dispositions to the Department of State Police by the ! circuit clerks. i PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 4030 pass. A11 in favor, vote Aye. All opposed, vote Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Please ' : take the record. 0n this question, there are 55 Ayes, no Nays, I i none recorded as Present. And this -- and House Bill 4030, having received the constitutional majority, is hereby declared passed. 4037 and 4039 are Recalls. House Bill 4040. Senator Weaver. Read the bill, Mr. Seeretary. ACTING SECRETARY: (MR. HARRY) House Bill 4040. (Secretary reads title of bill) 3rd Readin: of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Weaver. SENATOR WEAVER: Thank you, Mr. President. House Bill 4040 would authorize members of county boards or governing bodies to participate in public hearings regarding local siting approval. They may give testimony on the issue and subsequently vote on the relevant issues. If there's any questions, I'd be happy to answer them . PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? The question is, shall House Bill 4040 pass. All in favor, vote Aye. All opposed, vote Nay. The 58 i ;  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 votin: is open. Have all voted who wish? Have all voted Who wish? Please take khe record. On this question, there are 57 Ayes, no Nays, none recorded as Present. And House Bill 4040, havinq received the constitutional majority, is hereby declared passed. 4049. Senator Berman. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) House Bill 4049. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

Thank you, Mr. President: Ladies and Gentlemen of the Senate. House Bill 4049 clarifies that the Savings Statute of the Code of Civil Procedure covers causes of action dismissed by a federal district court for improper venue. We amended the bill to clarify this very limited intent. solicit your Aye vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question isr shall House Bill 4049 pass. Al1 in favor, vote Aye. A1l opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted Who wish? Please take the record. On this questiony there are 56 Ayes, no Nays, none recorded as Present. House Bill 4049, having received the constitutional majority. is hereby declared passed. 4056. Senator Watson. Read the bill, Mr. Secretary.

ACTING SECRETARV: (MR. HAQRY) House Bill 4056. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

59  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 123rd Législative Day June 23, 1992 1 i 1 Thank you, Mr. President. Yes, this does amend the AIDS 1 Confidentiality Act, and will allow for a health care p:ovider or 1 a physician to notify the parenks of a minor when they have tested positive for HIV virus. This does not mandate that the physician contact the parents. They must do so after consultation with the minor, in hopes that the minor will talk to his parents and notify them. Then the physician Would do this only if they felt that it Was in the best interest of the -- of the minor. There's no requirement here that they do this. What wefre simply saying is r i that the list of those exemptions under the Confidentiality Act of the AIDS Act: wedre going to add that a physician may contact the parents if a minor tests positive for HIV .

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

Sor Senator Watson, there's no mandate in this language at all? PRESIDING OFFICER: (SENATOR LECHOWICZ) ' Senator Watson.

Originally there was a mandate, but that was taken out by an amendment in the House. There is no mandate.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Cullerton <sic>.

LeE me -- 1ek me ask you a question, Senator. Do you feel that -- you know, I think the thing that Wefd like to see happen most is for people voluntarily to go in and get tested, and that anything that encourages testing would be in everybody's best interest. That's why it's so important to encourage testing and to have counseling and to have confidentiality. One of the fears that many in the medical profession have said is that if you -- if I 60  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 you do any mandates or you -- you break the confidentiality code, you are going to discourage people from testing. A1l this bill says is that a doctor or a health care worker ''may'' inform parents if they feel it's in the best interest of the child? PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson. SENATOR WATSON: Yes. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman. I'm sorry. Senator Marovitz. SENATOR MAROVITZ: We a1l look the same, but... PRESIDING OFFICER: (SENATOR LECHOWICZ) No, Art had his light on. Don't give me that nonsense. SENATOR MAROVITZ: That's all right. Senator Watson, does the health care worker have to notify the patient - the one who was tested - if they dre going to notify the parents, or can they do it behind the child 's back? PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson. SENATOR WATSON: Well, it would be done after a consultation with the child, first of all. There Would be consultation With the child and encourage that child to discuss this with his -- with his parents. I don't believe that there's anything in here that would mandate that the health care worker notify the minor. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman. Berman. SENATOR BERMAN: Thank you, Mr. President. Question of the sponsor. PRESIDING OFFICER: (SENATOR LECHOWICZ) 61 ;  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION . SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Indicates hedll yield.

Let us assume that the patient -- Senator Watson, that the patient is a seventeen-year-old female. Without this bill, if . i there is any development, whether it be HIV positive or anything i 1 else - syphilisy some other disease - may a doctor communicate that to the parent of that seventeen-year-old?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

I believe that is covered under another Section in another Act: and I believe that, yes, in fact, they can. I PRESIDING OFFICER: (SENATOR LECHOWICZ) i Senator Berman.

Then explain Why We need thisr if the doctor already has that authority.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

This -- this is the AIDS Confidentiality Act, and this prohibits a physician from talking to a parent. What wefre saying is that the physician may disclose to the parents if, in fact, there 's a positive test for HIV.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

Then if the seventeen-year-old patient says to the doctor, ''Doctor, I don't Want you to tell my parentv'' may, under this bill, the doctor stkll tell the parent?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson. I 62  STATE OF ILLINOIS 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 i SENATOR WATSON : ! If that physician felt it was in the best interest of the Child, yes.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.

To the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Please proceed.

I think khat I'm -- this is one of those dilemmas, I thinkg that we are faced with. With the passage of this, that changes the confidentiality of the AIDS Law, people out there -- and I say people, because wedre not dealing with children. You knowy we're -- Wedre not talking about four-year-olds and five-year-olds. Welre talkinq about -- to a great extent, youfre talking about people who happen to be fourteen, fifteeng sixteen, seventeen years of age. Will this change discourage them from getting the kind of treatmenE that we want them to get? I don't know the answer. That's my dilemma. That's the dilemma that this bill poses. And I'm confronted with the problem of -- that we had when we passed the AIDS Confidentiality Law. We decided that it Was public policy to keep this confidenkial in order ko encourage treatment, and this appears to be a step in the wrong direction, if we're going to maintain the encouragement for treatment. So I - - I think I'm coming down on the side to oppose this. I would appreciate hearing the sponsor's responses to this, but that 's where I'm coming down. We passed it - to protect confkdentiality - to encourage treatment. We fre not saying AIDS is good or bad or anything else. We passed the Confidentiality Law to encourage treatment. I think this is the wrong direction.

PRESIDING OFFICER: (SENATOR LECHOWICZ) i 63  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23r 1992 The Lady from Lake, Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, if the doctor is not permitted to notify a minor's parent or guardian, who's going to help that minor if that minor has AIDS? can appreciate confidentiality, but this simply says that the doctor ''may'' notify a parent or guardian, and I think that should be in ehe bill. Ie doesn 't create a duty upon the health care provider. And the doctor is going to have to decide whether the nokification is in the best interest of the child, and if the -- and if the provider has sought unsuccessfully to persuade the minor to notify the parent or guardian. I think welve got to have some common sense around here. Who's going to help that minor? Wouldn't it be more incumbent upon tbe parents of the minor to help that minor? Whether it's seventeen or seven, it's still a minor. And I certainly speak in favor of the bill.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill, 4056, sounds good - to go home and tell your parents that you are afflicted with HIV. But you had been in our committee -- there were young people who were there that testified, and they said some of them said they did go home to their parents, and they notified them that they were victims of HIV. And immediately they were thrown out of the house. Mother didn 't want to have anything to do with them . You got it out in the street) noW you stay out there in the street. And so: many of them are out there in the street today, unprotected. And the only salvation that they have - solace - is to go to the providers that are out there to take in these young people and to help them. Who are they going to go to? Not to their homes. Mother and dad 64  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 don't Want to be tainted. And some of them are afraid to say anything tq their parents at all. So theyfve got to go somewhere. And if you take it home to your parents, that's Why you have so many children to date out on the streetss living homeless, to take home. Children are frightened and theydre afraid. I think that you should find another way. And the next thing I would like to ask the sponsor, if I may ask you a question, please, sir.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates hedll yield.

What are the med societies -- are they in favor of this bill: the Med Society?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

I don't believe theydve taken a position. I've talked With them on two different occasions. They certainly support the intent of the bill, and some of the liability problems that they - - they may have some concerns with were addressed in an amendment in the House. So I -- I think they dre neuKral.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Smith. SENATOR SMITH; I just want to close With saying this: sometimes things are nice, according to protocol, to go home and tell mommy and dad, but sometimes things Ehat are best -- are not administered is best - - things that are not administered are not best. I'm saying that to say this: that I think that you Would think of -- first of the person who is the victim. Theylre the ones who are to be consulted. Maybe it's not right that they should not go home to momma and dad. But if it's qoing to cause them to stay out in the street, as they are now, I think you should take the right way - 65  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 let that child be the -- the -- make the decision there, and -- so you can get him to a doctor and get him well, or help him in some way that Will help him to help himself. I'm against this bill. Thank you. I

PRESIDING OFFICER: (SENATOR LECHOWICZ) Let me just point out to the Membership, half the board is 1it up. Gentleman from Dupage, Senator Hudson.

Thank you, Mr. President. Well, I rise in strong support of this bill. I began to wonder, as I listened to the debate here, if the parents have any rights at a1l anymore. Are there any such thinqs -- is there any such thing as parental rights? It doesn't seem that way to me. Some of the people that I represent - most of them - are not people who would stand in abhorrence to be informed as to something wron: with their child. As a matter of facte the constituents that I represent - most of them - the parents Would be aghast if they could hear the debate here today, which effectively would foreclose on any information they night have of this kind relevant to their children. We can't even give, on the other handz in the schools -- my understanding is if a child is administered aspirin or some other form of medication, his parents have to be notified. I may be wrong about that, but that's my understanding. But when it comes to a disease of this kind, for some reason we feel the parents then would be -- well, just -- they aren't entitled to know, or it would hurt the child, it would keep the child from receiving effective treatment for this disease. I believe quite to the contrary. In most cases, bringing the parents into this knowledge would help that child. In consort with a physician and with a doctor and the parents, I think that child stands in better -- a better chance of effective treatment than without it. I just donlt understand this line of reasoning. I think We have gone way too far in denying parents -- 66  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 now these are minors and this is a -- this is a permissive bill. Doesn 't say anybody has to do anything. But I think welve gone way overboard in denying parents knowledge about their children khaty in my opinkonz they are certainly entitled to have, and would be of help to the child in the long run. So I would urge strong support of Senator Watson's bill. I think he has a good One .

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

Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates hedll yield.

Senator Watson, under this bill, how old -- is there a age limit? Is there age limits set in this bill at all?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

Yes. A minor, which Would be under the age of eighteen.

PRESIDING OFFICCR: (SENATOR LECHOWICZ) Senator Collins.

Does -- does it distinguish between whether or not we 're talking about emancipated minors, minors that have -- living outside of the home and not *he responsibility of the parenk, versus a minor living in the home. responsibility of a parent? I

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

No# that's not addressed. It's all mlnors.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 67  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23e 1992 Senator Collins. SENATOR COLLINS: 1 Senator,maybethat'sprobably--forsomeofusisoneofthe j major flaws of the bill. If youdre talking about an emancipated minor who could have been married once or not married onee, have children, living outside on their own. A lot of kids move out of the home sixteen, seventeen years old, eighteen years oldz and are considered adult out there, even by the Federal Government. I don 't agree, but that's the 1aw of the land. Says if you're an emancipated minor, then you're no longer -- that your parent is no longer financially responsible for you. They do that in terms of your welfare grants. But Itm concerned about that group under eighteen, live with their parent, and the parent is responsible for paying the bill when they have AIDS. Now I am very much concerned, and -- and let me just say to some of you who -- most of us deal with these issues on the basis of -- I meanr and we make our decisions whether to vote for these issues from either a political frame of referenee, or so-called pro-life frame of reference, or so-called pro-choice frame of reference, or just plain emotional - from an emotional standpoint. This is a very serious piece of legislation here, because on the one hand I'm i concerned about children's rights, but Ifm also concerned about my righk to have to support a child wkth AIDS, and I dontt even know that the child got AIDS. I have to be responsible for planning the economic costs -- I mean, the costs of this kind of prolonged treatment, be it through my insurance or be it through whatever savings that I have. And that's a real fundamenkal, legitimate i issue - that a parent have a right to be able to plan. Now we can i deal with this from an emotional standpoint, but, Senator, I think you ought to take this bill out of the record and -- and exclude emancipatedminors. Beeauseiftheyarenotnolongerfinaneially 1 dependent on their parent, then they're not -- they are an adult, 68  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 for all practical purposes. And that's what the Federal Government says. So if you do that, then I think you 'd get more support for the bill: because I would support your bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) I Lady from Cook, Senator Topinka. SENATOR TOPINKA: i I Mr. President and Ladies and Gentlemen of the Senate, I think Senator Collins begins to, you know: get to the heart of what this i ! bill is a11 about, and I think Senator Hudson begins to start getting at what this bill is a1l about. In other Wgrdsz When -- j when can parents now leqitimately interact in the health care and I welfare of their very own children? We have now managed to remove so many of their responsibilitiesz and then we wonder why parents and children don 't talk, don't communicate. Kids are on the street. Kids leave home. And ultimately you have questions in I terms of where are they and what are they doing; are they healthy and Who 's taking -- who's minding the store here. In terms of what went on in the committee, we did indeed have some plaintive ï stories from people who testified against this bill, but I might point out, when they gave their age, they were over eighteen years i of age. And hence, these bills did not apply to them . Second of I all, I don't think there's anything that We have included in this I I bill or in the discussion which removes parents from the i responsibility of continuing to take care of the health care bills ! of these children, whether they be private-pay, whether they be i out-of-pocket expenses, or whether ultima*ely, jusE as taxpayers, they wind up paying through Public Aid. I think -- I think Senator Collins brings up the fact, you're still responsible for i paying a11 of these bills and providing for what is the downside ! of AIDS and this terrible, terrible disease, When youz in fact, don't even know necessarily that your child has -- has this ; I problem. I Unless we are seeking to make a Brave New World-type of I ' 69  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENKTE TRANSCRIPT 123rd Legislative Day June 23, 1992 scenario, where we decant babies and ultimately cease I responsibility for them as parents at birth, and just turn it over to government or whomever, or just 1et them drift, I think this bill seeks to address What is a very fair and -- and a very just solution to a situation that exists. We have kids out there that have this problem, and they're going to have to ultimately talk to their parents - the sooner the better - and allow parents to -- to deal With their children. I have to react as a mother, and it's not a pro-life or a pro-choice position. If my kid has a sliver, I want to know about it. If my kid has AIDS, I sure as heck want to know about it.

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

Apologize for rising a second time, bu* this is a very tough issue for a lot of people because, yes, I think every parent should know if their kid has AIDS. Really, I think parents should know if their child's qoin: to -- going to have an abortion, but the fact is, in this particular case -- and -- and here's the difficult part: We are a1l novices; we are a11 laymen when it comes to this. You have to depend on the health care professionals. The problem is, parents won't know, health care professionals who can help these kids Won't knowz because kids won't go. If they don't feel that -- when they have a privileged communication with a health care worker, and they don't feel that that privileged communication is going Eo stay right there with that physician or health care worker: they 're not going to go 9et tested. And the key to all these solutions - whatever they are, with the terrible problem of AIDS - is gettin: tested . And the key to getting tested is confidentiality. Any time you break that cycle of confkdentiality, you immediately diminish the number of people who will go in voluntarily and be tested. And so, while 70  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23s 1992 it's great to say parents should know - and they should - and it's important that health care workers know - and they should - if the kids won't go get tested because they're not confident that there will be confidentiality, al1 that rhetoric about parents knowing and health care workers knoWing goes out the Window, because, in the first place, the person's got to get tested. That's why I can 't vote for this bill.

PRESIDING OFPICER: (SENATOR COLLINS) Further discussion? Senator Palmer.

Thank youz Madam President and Members of the Senate. What a wrenching time this is for parents and young people alike. I wish that I could vote for this bill, but the fact is, the bottom kine of this issue is that AIDS is an illness that affects all of us - the entire community, the entire country, the entire world. The question is, what is the best means of testing and providing help to persons with the disease - in this case, who happen to be young people - and to permit them to have confidence in the health provider and to help them bring the disease under some control. If the evidence showed that the majority of youth with AIDS were from nuclear families, Ehen I could say Yes; I could vote for this bill. But the fact is thatz according to groups who deal with HIV victims, the majority of adolescents who have the disease are runaways who were victims of familial abuse. In that sensez the best protection for them is to permit them to have confidence in their health providers and not Eo come under the question, once again, of putting themselves, unfortunately, in a worse situation, by having to tell parents. In this case, as painful as it is, I say we should vote No on this bill. Thank you.

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

71  STATE OF ILLINOIS ! 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Thank you, Madam President. Question of the sponsor. PRESIDING OFFICER: (SENATOR COLLINS) I He indicates he wkll yield. i i l

Senator, under the scenarlo of a minor With an HIV positive result, What is the doctor's legal obligation to the parents?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Watson.

Under current law, or under this particular piece of legkslation?

PRESIDING OPFICER: (SENATOR COLLINS) Senator Dunn.

Current law.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Watson.

Under current law, he is -- or the health care provider - the physician - is prohibited from notifying the parents.

PRESIDING OPPICER: (SENATOR COLLINS) Senator Dunn.

To the bill: thank you. Well, I think, as -- as parents - and I being one of them - I think that we often operate under the l delusion that we know pretty much al1 what our children are doing, and I would suggest to you that we probably don't know the half of ik - thank God - what they're doing. This is really a balance - 1 what we're trying to achieve here. And I think welre trying to l achieve a right-to-know basis for parents, which is a -- which is a good end, because hopefully, parents that know can then do something. But by the same token, we're also trying to encourage 72  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 treatment: and we know that if there is a break in the confidentiality, I think: as Senator Marovitz says, there will be a lack of people getting tested. So the question becomes thenz would you rather know - as a parent - or would you rather have the child treated? Because it's not your child, of course. Itls somebody else's child. It's never going to happen to your child. i It's always going to happen to somebody else. And I think it's I those pool of minors that we're really talking about. And I personally would say that between the choice of a right of me to know or not know, and treatment, I would prefer the treatment. So I would be voting No. ; PRESIDING OFFICER: (SENATOR COLLINS) i Purther discussion? Senator Fawell.

Thank you very much. What We are talking here -- What we are I talking about are children who are ill. Those of us who have seen AIDS patients - and I've had one Who was very close to me, so 1, unfortunately, saw the result of this terrible illness - will see that these people who are infected With AIDS have diarrhea; they have stomach cramps; they canlt retain food. They are sick. What the present 1aw says is that the parents of a chkld cannot be told What's wrong with their child. Now maybe in some instances that's i a good thing, but I think you underestimate parents. Parents want to know what's wrong with their children. They love their children. They are concerned a 'bout them. And it just seems to me that when We take this right away from parents - Eo know what's physically wrong with their children - we are oversteppinq our bounds as Legislators. Parents are responsible by law to take : care of those children. And how in the world can we expect to I take -- have them take care of them if they don't -- aren't even I I allowed to know what in the World is wrong? And the present law forbids, under any circumstances, a physician telling that parent 73  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 what is wrong. Let the physician make the decision whether that i parent should know or not. That's what this bill does. I think it's a good compromise, and I think we a1l should be for this bill. 1 I

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Cullerton. k SENATOR CULLERTON: . Well, very brieflyy I would rise in opposition to the bill, and here's the way I analyze the bill, and I thought about it in committee and spoke to it in committee. If a person is a runaway i ! - and unfortunately, I have a lot of runaway children in my district - they go get an AIDS test, they probably aren't going to care whether their parent or parents finds out. So this bill I probably won't affect them. Parent -- if you can find them, go aheady tell them. If you have a family that is a very skrong family, a functional family - the one that we al1 like to think that ks the typical American family - the fact is that if you have : a good relationship with your child, that child's going to come to you and say, ''Mom or dad, I think there's a problem here. I Want to get this testo'' And theydre qoing to tell you - themselves. But thatîs perhaps not very typical,but that's another category. i But a more prevalent category might be a family Where the child has not run away, and they live with the mother and father, and they dre afraid. They don't want their parents to find out that they got AIDS or they're HIV positive. They fre not sure that they i I are, but if -- if they know that there's any possibility that those parents are going to find out, theydre going to say, ''I don't want them to find out: so I don't even have to find out 1 myself.'' So I think it's a great idea. We're sitting here 1 saying, HWel1, you know what? Those parents ought to find out, and wedre going to pass a law that says the government ought to tell them, if they want. It's permissive. Wedre gokng to 1et the 74  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 government know that they have the right to tell these parents, if they wantp'' But the problem is that -- the real, on-the-street problem is, the child is going to say, I'Lookit. I'm not going to take the chance of having my parents find out and then'' - as in the case of some people Who testified at committee - ''kick me out of the house.'' And so it's a -- it's a niee idea. The parents ought to find out; I agree. And I hope if it ever happened to me, hope my children would tell me, but I'd rather -- it's much more ; 1 important that they get the test. And this bill is going to ! I discourage people from getting the test. And that's the Whole point of taking the test, because we know that there's actions that can be taken, once you know that you have this disease, that would keep it from spreadinq. And so the key is not to make parents feel good because the government called them and told them ' that their kids -- are positive, but rather to make sure that people take the test. And that's Why I'm opposed to the bill. And I donlt question the Rotives of the sponsors: but I just think it's the Wrong way to go.

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

Thank you. Ladies and Gentlemen, I'm a little confused by a1l this . It seems to me, first of all, Senator Cullerton, that the I child would have had the test taken, or he wouldn't know -- or the I i doctor would not know whether or not the child indeed had HIV. Secondly, the Act requires that the doctor exercise some judgment, and that the notification only be done in the best interests of the child. Now We trust our lives to doctors, and here we are with a -- with a disease that is -- there is no known cure, and we say, ''Oh, no, we don't want the parents to be notified.'' We dwell on the on-the-street children. Let's think of the millions upon millions of children who live ak home, who enjoy a family life, 75  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 but Who maybe, at some point, have made a mistake. Ladies and Gentlemen, when should the parents find out? When should they find out? Should they find out when the child is on its deathbed? Should they find out When the child is beyond recovery? When -- shall they find out that the child perhaps had the wrong kind of treatmenty made the wrong judgments? Who are we concerned about here? We're concerned about millions of ordinary children who may have or may not make a mistake. Let's not have the parents find out When the child is on its deathbed. That's Wrong.

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

Roll call sounds very good. If the parents want to know, 1et the parents take them for the test. But this morning I checked with a big group of experts, and they said a No vote is the correct vote. Just understand khe motivation. And when you had bad qrades, did you even want to go home and tell them you had bad grades in school? You will motivate people not to be tested in the first place, and that would qo contrary to What our interests are. I urge your No vote.

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

Well, thank you. I appreciate the questions and the discussion - a lengthy debate on an important issue. And as Senator Collins saidz yes, this is a serious piece of legislation, because it's a serious problem. We lre Erying to help young people. We're trying to help parents :et involved with the problems of their young people. We're letting the health care provider - that professional Who's been trained - make that ultimate decision as to whether or not the parent will be notified. This does not mandate. This -- right now , in current 76  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legkslative Day June 23, 1992 law, we're prohibited. The health care professional, the doctory is prohibited from notifying the parents. What this simply says is, after discussion with the ninor and if it's in the best interest of that particular child, yes, in fact, that health care provider or that doctor can notify the parents. Who who could be notified now under the Confidentiality Act? donlt know you've looked it over lately, but we've we've added a lot of exceptions over the years, and probably rightfully so. We have EMTS are notified, fire fighters, 1aw enforcement officersz foster parents are notified. And wefre going to prohibit the natural parent from being notified? In many cases, treatment, counseling, the earliest possible means of -- of helping that young person could be made available if, in fact, that parent is notified. What about the rest of the family? Brothers and sisters. Shouldn't there be some precautions Eaken possibly in that household? Shouldn't the parents be notified so those precautions could be taken? Don't you think the parent kould be there with -- the side of that individual, that younq person, if, in fact, there 's going to be an HIV positive? Don't you think you, as a parent, would do that? Shouldn't you be notified? Absolutely. And all we dre saying is, yese that doctor may notify the parents in a case of an HIV positive test. The proper vote is Yes, and I'd appreciate its support.

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall House Bill 4056 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have al1 voted who wish? Take the record. On that question, there are 41 Ayes, 14 Nays, voting Present. Having received the required constitutional majority, House Bill 4056 is declared passed. House Bill 4070. Senator de1 Valle. House Bill 4078. Senator Severns. Read the bill, Madam Secretary. 77  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislakive Day June 23, 1992

House Bill 4078. (Secretary reads title of bill) ; I 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Severns.

Thank you, Madam President, Members of the Senate. House Bill - - House Bill 4078 is simply a vehicle that needs to go to conference for purposes -- for the purpose of addressing the Hospital Association and all groups affected by an eventual Medicaid assessment plan. I would hope we could 1et this bill go to conference, and hope that we donlt need it.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall House Bill 4078 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 56 Ayes, no Nays, none voting Present. Having received the required constitutional majority, House Bill 4078 is declared passed. House Bill 4079. Senator Palmer. Read the bill, Madam Secretary.

House Bill 4079. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Palmer. SENATOR PALMER: I ! Thank you, Madam Chairman -- President and Members of the Senate. This bill amends the Nursing Home Care Act concerning nursing home violations. The fine for a Type 'IA'' violation is I raised from five thousand to ten thousand, in cases when a nursing I 78  1 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 home violation results in the death, great bodily harmg permanent disability or disfigurement of a resident. This bill came out of committee on the Agreed Bill List, and I know of no opposition. ! i I'd appreciate a favorable vote. Thank you. PRESIDING OFFICER: (SENATOR COLLINS) ' FurEher discussion? If not, the question is: shall House Bill 4079 pass. Those in favor will vote Aye. Opposed, Nay . The voting is open. Have a1l voted who wish? Have all voted who wish? Take the record. On that questionz there are 59 Ayes, no Nays, none voting Present. Having received the required constitutional majority, House Bill 4079 is declared passed. House Bill 4106. Senator Barkhausen. Read the bill, please.

House Bill 4106. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen.

Thank you, Madam President and Members. House Bill 4106 amends several Sections of our Statute dealing -- Statutes dealing with child support enforcement. It creates a process for stepping up the procedure of income withholding, When the -- the obligor - the spouse obligated to make child support payments - has failed to do so for a period of time. Illinois has been somewhat 1ax over reeent years in connection Witb îts child support enforcement efforts. And we are under the gun of the Pederal Governmene if we fail to comply in the manner that this bill provides. And in fact, Illinois could lose up to 37.5 million dollars. So it's important that we support this legislation. There is no opposition to it that I know of, and I urqe your Aye votes.

PRESIDING OFFICER: (SENATOR COLLINS) 79  STATE OF ILLINOIS l 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Discussion? If not, the question isz shall House Bill 4106 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 58 Ayes, no Nays, none voting Present. Having received the required constitutional majority, House Bill 4106 is declared passed. House Bill 4112. Senator Welch. 4119 on Recall. House Bill 4128. Senator del Valle. Read the bill. Madam Secretary.

House Bill 4128. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator de1 Valle. SENATOR dEL VALLE: Thank you, Madam President. The bill does exactly what the Calendar states. It requires credit be given to a minor on the dispositional order of detention for time spent in detention as a result of the offense for which the order was imposed. This bill is supported by juvenile court judges, the Chicago Bar Association and the County Board President. I know of no opposition. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR COLLINS) Further dkscussion? If not, the question is, shall House Bill 4128 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Take *he record. On that question, there are 49 Ksic> (59) Ayes, no Nays, none voting Present. Having received the required constitutional majority, House Bill 4128 is declared passed. Top of page 22. House Bill 4163. Senator Marovitz. House Bill 4168. Senator Raica. Read the bill, please.

80  STATE OF ILLINOIS 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 1 House Bill 4168. I (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR COLLINS) I Senator Raica. SENATOR RAICA: ! Thank you, Madam President and Ladies and Gentlemen of the Senate. This piece of legislation - House Bill 4168 - sponsored by myself and Senator Pat Welch - and I'd like to thank Pa* for a1l the work that he's done on it - it's an initiative of Project EEART to make adoptions easier to do for people. It does the following: it creates a uniform filing fee of sixty-five dollars Statewide for all adoption cases. Upon good cause shown, the court may waive the fee in the special needs adoptions. Our understanding is the çlerks have agreed to this. Secondly, the bàll adds as a factor in an adoptive investigation, a criminal background check. Number three, it prohibits adoptive parents from paying reasonable livin: expenses of bioloqical -- except upon court approval, and only when necessary to protect the health of the biological parents, or the health of the child souqht to be ( adopted. I think the -- the problem that was -- has been corrected. Senator Berman brought a few points to our attentionz and the Governor's staffz and we have since put an -- an amendment on to alleviate his problems. I know of no known opposition. I just solicit an Aye vote.

PRESIDING OFPICER: (SENATOR COLLINS) Purther discussion? If not, the question isy shall House Bill 4168 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 question, there are 58 Ayes, no Nays, none voting Present. Having received the required i constitutional majority, House Bill 4168 is declared passed. 81  STATE OF ILLINOIS 87th GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 I House Bill 4188. Senator Dart. Okay. Soon We Will go back to the beginning of 3rd Reading on page -- page 8 of your Calendar. I We'll start back at the beginning. House Bills on 3rd Reading. Okay. Page 8. Top of page 8, House Bills 3rd Reading. Eouse Bi11 109. Senator Carroll. Read the bill, please.

House Bill 109. i (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Carroll.

Thank you, Mr. -- Madam President: Ladies and Gentlemen of the Senate. House Bill l09 now appropriates one dollar to the Comptroller. I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Carroll. Discussion? If not, the question is, shall House Bill 109 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 58 Ayes, no Nays, l voting Present. Having received the required constitutional majority, House Bill l09 is declared passed. House Bill 110. Senator Carroll. I mean, read the bill, please.

House Bill 110. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Carroll.

Thank you, Madam President and Ladies and Gentlemen of the Senate. Likewise, House Bill 1l0 appropriates a dollar to the 62  STATE OF ILLINOIS 87th GENENAT. ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23: 1992 Attorney General. I Would ask for a favorable roll call. PRESIDING OFFICER: (SENATOR COLLINS) I Discussion? Senator DeAngelis. Senator DeAngelis. SENATOR DeANGELIS: I I just would like to have leave after this bill is passed to i do something. i l

PRESIDING OPPICER: (SENATOR COLLINS) Senator -- okay. The question is# shall House Bill l10 pass. Those in favor will vote Aye. Opposedr Nay. The voting is open. i Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting E Present. Having received the required constitutional majorityy House Bill 1l0 is declared passed. House Bill 112. Senator -- Senator Carroll. Read khe bill, please. k

House Bill 112. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) S I enator Carroll. j

Thank you, Madam President: Ladies and Gentlemen of the ! Senate. On behalf of Senator DeAngelis and 1, We just appropriate 1 1 one dollar ko the Skate Treasurer. I would ask for a favorable roll call. i

PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall House Bill 1l2 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted i who wish? Have al1 voked who wish? Take the record. Senator I DeAngelis. SENATOR DeANGELIS: i ! Thank youy Madam President. I would like to have leave of the 1 ! 83  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23y 1992 Body...

PRESIDING OFFICER: (SENATOR COLLINS) I'm sorry. I'm sorry, Senator. I'm sorry. SENATOR DeANGELIS: Pardon? I would like to have leave of the Body to...

PRESIDING OFFICER: (SENATOR COLLINS) Senator DeAngelis, can you hold your point for a minute? SENATOR DeANGELIS: Okay.

PRESIDING OFFICER: (SENATOR COLLINS) On that question, there are 58 Ayes, no Nays, l voting Present. Having received the required constitutional majority, House Bill 112 is declared passed. NoW, Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. I would like to have leave of the Body to show that Senator Dunn and I have agreed to do a flip-flop . He is going to take the lead on 3633, and will be the sponsor. House Bill 3633, Senator Dunn lead, DeAngelis hyphenated with him.

PRESIDING OFFICER: (SENATOR COLLINS) Then the record Will so show. House Bill 2030. Senator Maitland. Read the bill, please. 230.

House Bill -- House Bill 230. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) fenator Maitland.

Thank you very much, Madam President. House Bill 230 requires the Administrators' Academy, and allows various educational service centers, to provide programs in school improvement and 84  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 school accountability. It also requires school administrators who evaluate school personnel to receive training in either school improvement or the evaluation of personnel. I know of no opposition. It was on the Agreed Bill List out of committee. would be happy to answer any questions; otherwise, seek your support.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is: shall House Bill 230 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 59 Ayes, no Nays, none votin: Present. Having received the required constitutional majoriEy, House Bill 230 is declared passed. House Bill 562. Senator Jones. House Bill 707. Senator Smith. Read the bill, please.

House Bill 707. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Smith.

Yes. Thank you -- thank you, Madam President. House Bill 707, Which was on the Agreed Bill List, that -- says that the Department of Public Aid shall approve rules to govern self-employment projects for AFDC recipients. Describes the rules. Implementation of the rules is to -- contingent upon ehe federal waiver. House Bill 707 is similar to House Bill 975 and House Bill 8l4 <sicl (1814). And House Bill 707 is consistent with a recommendation of the Joint Commlttee on Welfare Reform , which Was created by Senate Joint Resolution No. 59. The Department of Public Aid supports this, and I ask for a favorable vote. 85  STATC OF ILLINOIS 87th GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 PRESIDING OFFICER: (SENATOR COLLINS) ' Further discussion? Senator Schaffer. Further discussion? If ! I not, the question is, shall House Bill 707 pass. Those in favor will vote Aye. Opposedg Nay. The voting is open. Have al1 voted who wish? Have a11 voted Who wish? Take the record. On that ; I question, there are 59 Ayes, no Nays, none voting Present. Having received the required constitutional majority, House Bill 707 is declared passed. House Bill 760. Senator Berman. Not exempt. Senator Schaffer.

Madam President, on a point of personal privilege. I have i w ith me t' oday a Page. . .

PRESIDING OFFICER: (SENATOR COLLINS) State your point.

. .. a Page from Woodskock, Illinois, Jay Jones# and in the gallerye his parents, John and Dee, and his sisters , Krista and Elissa# i.f I've qot those pronounced correctly. And 1'd like the Senate to acknowledge their presence.

PRESIDING OFFICER: (SENATOR COLLINS) Would Jay Jones and our guests in the gallery please rise and be recognized by the Senate. House Bill 930. Senator Carroll. I ; Nope. House -- House Bill 1081. Senator Berman. House Bill -- I mean, 1116. Senator Hall. 1116, Senator Hall? Read the bill, please. j

House Bill 1116. (Secretary reads title of bill) 3rd Reading of the bill. ; i

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall. SENATOR HALL: i 86  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Thank you, Madam President and Ladies and Gentlemen of the Senate. 1116 is -- is -- appropriates funds for the Community Care Program, and I move for the passaqe of it.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall House Bill 1116 i pass. Those in favor will vote Aye. Opposed, Nay. The voting is i I I open. Have al1 voted Who wish? Have a11 voted who Wish? Take the record. On that question, there are 58 Ayes, no Naysr none ' voting Present. Having received the required constitutional majority, House Bill 1116 is declared passed. Top of page l0. House Bill 1129. Senator Leverenz. Read the billy Madam i Secretary.

House Bill 1129. (Secretary reads title of bill) 3rd Reading of the bill. !

PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz.

Thank you, Madam President. House Bill 1129, as amended, addresses the Cycle Rider Safety Training Act. The intent of House Bill 1129 is to promote safety in Illinois. This bill Will allow expanded efforts that are geared toward educational programs that specifically stress safety. Three things the bill does: onez it allows federal, State and private funds now to be -- would then allow them to be reeeived and utilized by the Department of Transportation for safety trainàng; secondlyz it changes the fund into a trust fund, versus a special purpose fund, that Would allow the fund to accommodate funds from different sourcesz specifically the private sector; and it would delete the fund limit that has I I been imposed, thus allowin: more funds to be made available for safety training. When we have State resources getting as low as 87 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992 they arey we have to look for new ways to keep doing the same ! things or to improve them , and the private sector, I believe, is ' the right way to 9o. I Would solicit your Aye vote to pass the bill, and answer any questions that you may have. : PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Senator Schaffer. SENATOR SCHAFFER : ! ! In general, I think the bill probably has merit, but there's , one part of it that I think We a11 ought to be aware of: that this takes these funds - the seven dollars per person - the I motorcyclists - that are collected, and puts it in a ! 1 nonappropriated trust fund, which the Leqislature does not appropriate, which is controlled by, I presume, the Secretary of Transportation. We have no say as to how that money is spent. And I'm not saying that the Secretary of Transportation would - 1 ! he's certainly an honorable gentleman - but you never know who ls going to be there next. ïou know, they could start spendin: a11 this money on car phones and out-of-state travel. I don't know that we want, as a matter of policy, to be creating these little I slush funds that wedon'tappropriate. Ithinkwemoved inthe j other direction a few years ago,and I don't see any *isdom at all l in moving back towards these seeret funds. I think it ought to be I ! E ; appropriaked by the Ceneral Assembly, and I can't ehink of any good reason why anyone would not want it appropriated and reviewed by our Appropriations Committees. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Brookins. SENATOR BROOKINS: Thank you, Mr. -- Madam President. Will the sponsor yield for l a question? PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yield. Senator. 88  STATE OF ILLINOIS 87th GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i i 123rd Legislative Day June 23: 1992 ! ; SENATOR BROOKINS: ! ! Senator, will you tell me Why the need to transfer or hold i I these funds in education or to change the education fornula for these funds?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz.

Thank you. As I said before -- your question is, why should it be transferred. We are changing the title. We then allow private funds, State funds and federal funds to be commingled in the same fund, and it Would eliminate the provisions for eransferring funds over a certain amount. It could then accumulate more money than it has in the past. And if you Will look at the material that has been provided to us toward reducing helmet-related deaths, et cetera, and motorcycle deaths, you will find that the track record in the last six or seven years has had a tremendous impact, specifically because of the training programs. Then if we want deaths to go down, we must increase the amount of training programs provided; therefore, you have to increase the amount of funding. And because the State doesn 't have the funds ko increase the safety training, that is Why wefre doing this, to accumulate private sector funds as well.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Brookins.

Let me suqgest to the sponsors and the Members of the Senate that the reason that he is changing, or we're changing or aktempting to change the way this money is allocated is because the State of Illinois Will lose money beeause We do not have a motorcycle helmet law in the State of Illinois. And whae ce 're attempting to do is to circumvent that by passing this bill. This is a way to -- to go if we want to be devious, if we want to 89  ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 change the way the federal 1aw is structured, if we want to change things. I suggest that this is a bad way to go. This is not a good bill. It also allows monies to be used by directors of departments which we - we, as Senators; *e, as the ones Who appropriates the funds - Will have no control over tt. And we saW the dangers of that just this Session. I rise in oppositlon ko this bill. I say it's bad and We should vote No on it.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion Senator Etheredge.

Thank you, Madam President. 1, too: rise in opposition to the bill. I think every one of us here is in favor of motorcycle safety, but this bill strips all accountability for those who are assigned to oversee this fund. And I think that is a precedent-setting step Which we simply should not take at this time, or at any other timez for that matter. So I kould -- I too would ask for a No vote on this bill.

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

Will the sponsor yield for a question?

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

Senator, is this another one of those funds that would not be able to be audited by the Auditor General?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz.

I think they can be audited by the Auditor General; that -- they are housed in the Department of Transportation. But if the fund is simply used for rider safety training funds: as they have 90  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 done, I don't see any reason Why they would be used for anything else.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Macdonald.

Well I guess the analysis says, yes, that they can be, and I'm sorry I didn't read the analysis. Thank you.

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

Why, thank you, Madam President. I appreciate the questions that I have been asked, and I understand the motivation for some of them being asked. The fact of the matter is that, yes, the one thing that will not be done - and I would not consider it a red herring - is that the fund would not be able to be raided, and we should stop raiding funds. If the prior speaker with all the red herrings could package them up and put them in a little can, think he could get a good product from the Country of Sweden. Therefore, in support of the bill, I ask for your Aye vote to pass the bill. And I understand it doesn't always happen like it does in the House. It left there ll5 to 0. Howevery they are not as astute as a11 of us here, and I would solicit your Aye voee to pass the bill.

PRESIDING OFFICER: (SENATOR COLLINS) The queskion is: shall House Bill 1129 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 question, there are 40 Ayes, 16 voting Nay, none voting Present. Having received the required constitutional majority, House Bill 1129 is declared passed. House Bill -- I mean, 1495. Senator Leverenz. Senator Leverenz, 1495? Read the bill, Mr. Secretary. 91  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992

ACTING SECRETARY: (MR. WAKRY) House Bill 1495. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz.

Thank you very much, Madam President. 1495 does tWo things. Pizst, it provides that the space -- the township officials can sit as the Space Needs Commission Members. They only can do things that are specifically set out in the law. That Was silent in the law. This would provide for that. The second thing it does is embody I believe it is Senate Bill 1628, that the sponsor failed to show up in the Rules Committee in the House. And that does the bill passed here - 1628 passed overwhelmingly, which provides that a company can apply for an exemption to a utility tax, and it is up to the municipality to grant that. Answer any questions that you might havey and ask for your Aye vote to pass the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the queseion is, shall House Bill 1495 pass. Those in favor will 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 58 Ayes, no Nays, none voting Present. Having received the required constitutional majority, House Bill 1495 is declared passed. House Bill 1504. Senator Woodyard . Read the billy please.

ACTING SECRETARX: (MR. HADRX) House Bill 1504. (Secretary reads title of bkl1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) 92 ( - 1 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Senator Woodyard. ' SENATOR WOODYARD) Thank you, Madam President and Members of the Senate. House Bill 1504 is the result of an agreement reached With -- I guess during this past year. between mobile home park owners, tenants and the manufactured housing industry, and it very simply says that the mobile home park owner, if they cease to operate the park, must notify the tenants at least twelve months prior to (he time of ceasing *he operation of the park. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall House Bill 1504 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 57 Ayes, no Nays, l voting Present. Having received the required constitutional majority, House Bill 1504 is declared passed. House Bill 1890. Senator Berman. House Bill 2467. Senakor Hall. Read the billy Mr. Secretary. ACTING SECRETARY: (MR. HAPRY) House Bill 2467. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR COLLINS) ' Senator Eall. SENATOR HALL: Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 2467 expands the rights of local, State and federal law enforcement officers to inspect and copy 1aw enforcement on a juvenile courts records pertaining to minors convicted of gang-related crimes. This is another to -- similar to What -- that they passed yesterday. And it came out of the Judiciary Committee on the Agreed Bill List. I ask for your most 93  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l 123rd Legislative Day June 23# 1992 I favorable support of this - 2467. PRESIDING OFFICER: (SENATOR COLLINS) I Discussion? Discussion? If not, the question is, shall House j Bil1 2467 pass. Those in favor Will vote Aye. Opposed, Nay. The I voting is open. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Having received the required constitutional majority, House Bill 2467 is declared passed. ! House Bill -- House Bill 2697. Senator -- 94. Senator Severns. I mean Marov itz. Read the bill. 1 :

ACTING SECRETARY: (MR. HARRY) House Bill 2694. I i : (Secretary reads title of bill) 3rd Reading of the bill. I q

PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz. I SENATOR MAROVITZ: : Thank you very much, Madam President and Members of the Senate. House Bill 2694 nok has tWo major new provisions in it. ! Increases the penalties for multiple unlawful transfers of firearms. This is to get at a loophole in the 1aw where multiple illegal gun sales are made to gang members and drug dealers. And I also khis has the child accident prevention law in itw where l somebody keeps a loaded firearm where there are small children likely to gain access to it, and it says that he has ko -- the 1 owner of the gun has to secure the weapon oomewhere away from the children or there': a misdemeanor penalty. We passed that ' provision 55 to nothing, and I would solicit your Aye vote.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall House Bill ! 2694 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who ! 94  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Having received the required constitutional majority, House Bill 2694 is declared passed. Top of page ll. House Bill 2697. Senator Severns. House Bill 2699. Senator Hall. Read the bill. END OF TAPE TAPE 3

ACTING SECRETARY: (MR. NAQRY) House Bill 2699. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen. This is a vehicle bill. It deletes *he effective date for the StaEe Board of Education. I move for adoption of this -- passage of this bill.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall House Bill 2699 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Take the record. On that question, Ehere are 57 Ayes, no Nays, none votin: Present. Having received the required constitutional majority, House Bill 2699 is declared passed. House Bill 2700. Senator Hall. Read the bill, please.

ACTING SECRETARY: (MR. HARRY) House Bill 2700. 95  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23e 1992 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 2700 is Department of Public Aid vehicle, deletes the effective date and appropriates one dollar to the Department of Public Aid. I ask for your most favorable vote.

PRESIDING OPFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall House Bill 2700 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 questton, there are 56 Ayesz no Nays, none voting Present. Having received the required constitutional majority, House Bill 2700 is declared passed. House Bill 2714. 2714. Senator Leverenz. Senator Leverenz. 2714. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HANRY) House Bill 2714. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz.

Thank you, Madam President. House Bill 2714 would redo the way we handle lapse period spending kn State Government. It would eliminate the three-month lapse period, and it Would replace the current budgetary practice that we are working under now with a modified accrual basis for accounttng. It Would take a list of a1l things that the State has received that it purchased by June 30th and that - and only that - would be paid in the following 96  i STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 thirty days, essentially is what the bill would do . It would stop what we all read about last year in Illinois Issues that the State continues on a -- a path of having fifteen monthsf worth of expense on a twelve-month amount of income. This would be done over a five-year period. I'd answer any questions that anyone ' Would have, and I believe that this would be a bill that surely Would be endorsed by the Audit Commission. Ask for your Aye vote to pass the bill, and answer any questions you may have.

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

Question of the sponsor.

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

In committee, if I remember correctly, there was some discussion about youdre to work with CMS about a technical amendment or some technical problem thak they had with this bill. Was that done, 'cause I don't see where an amendment's been placed on this bill?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz.

That is correct. We discussed and said that with CMS there were two funds that perhaps should be covered under thisz since there is a five-year phase-in. One of khe things that we can do is deal with that at a later timeg becausez in fact, there are two funds. The liaison for CMS came to me and said, however, that the amendment would not be offered at this time. PRESIDING OFFICER: (SENATOR COLLINS) 1 ! I Further discussion? Senator DeAngelis. SENATOR DeANGELIS: I 97  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Yes. Queskion of the sponsor, Madam President.

PRESIDING OFFICER: (SENATOR COLLINS) Indicates he will yield. SENATOR DeANGELIS: Senator Leverenz, I thought that we were currently operating j under generally accepted accountin: principles. I

PRESIDING OFFICER: (SENATOR COLLINS) I Senator Leverenz. i

Well, if you think so, this would really do it.

PRESIDING OFFICER: (SENATOR COLLINS) Senator DeAngelis. SENATOR DeANGELIS: g What an answer. My concern is that youdre asking us to implement a system which I believe is not generally accepted accounting principles, and that is an accrual system for -- which 1 : is for a sysEem which is considered to be a cash system.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz.

Yes. I -- I really admire your accounting understanding and ! business practice understanding. It is very close to a cash. It I is a modified accrual basis. We just simplyz as you well know, cannot continue to have fifteen months of expense on a i twelve-month amount of income. And this would put in what is known as GAAP - G-A-A-P, Generally Accepted Accounting Proeedures - in place. RighE now our GAAP has been one of another kind, and that is too much debt at the end of the income. Again, the State currently operates on fifteen months' worth of expense on a twelve-month amount of income. And you cannot keep doing that. 1 This would eliminate that. And I Would ask for your Aye vote, also. i 98  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

PRESIDINC OFFICER: (SENATOR COLLINS) Senator DeAngelis. SENATOR DeANGELIS: Well, I think you described the problem well, and doing an accrual makes it even Worse. The problem is that you cannot, in fact, properly accrue the revenue for that period of time. What you may be able to do is to accrue the expense. Howeverz let me advise you that all someone has to do is hide a voucher in a drawer, which is done quite frequently. All the Comptroller has to do is to -- is to turn around and put some bills to the side, which is done quite frequently. I I don 't know hoW you 're qoing to do what you're trying to do, so I see no point in even doing it at all.

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

Thank you, Madam President. Will the sponsor yield?

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

Senator, I -- I1m trying to evaluate this proposal and there are a number of questions that come to mind, and I -- I notice here, according to our analysis, that this movement away from cash to modified accrual - however you define that is scheduled to take place over five years' time. I guess the first question I and -- I have - and I do have more than one - the firsk question I have is, how much is this going Eo cost to transfer our accounting system from one basis to another over the five yearsy and then, most immediately, how mueh is it going to cost in PY'93?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz.

99  STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 r ! I don't know that it actually costs a particular figure or a particular amount. What it does is say how we treat that which we know agencies do - and let me give you an example. If the Department of Conservation, as we have found them in the past, seems to have thirty-five or forty thousand dollarsl worth of money in a -- an account that can be used, and they have no purpose for it, they did in the past buy postage in the month of June. We all term that cash dumplng, so that they didn't come in i ' with a budget that reflected that amount of money in the followkng year, Which would be stripped from them, as you are now doin: with i all of the budgets. It really puts expense in the proper year, i I gives us an ability to pay our bills that are goods received by the end of June 30, that we would pay in the next thirty days. It puts that mechanism in place. It gives a five-year implementation, and perhaps the thing you quarrel about the most is that it requires the Governor to report quarterly to the General Assembly on the compliance of each State agency, or on the other side, it authorizes the Comptroller to promulgate rules and regulations to cover instances Where the liquidation is different than the actual payments. So, I would only believe that this is the right Way to go. I hope I've answered your question. If you have additional: wedll entertain those, obviouslyr and ask for your Aye vote.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Etheredge.

Well: Senator, there is going to be an expense, when you shift from one account basisz for maintaining your accounts, to another. You knowe having been in the position of managing an institution where we shifted from cash to accrual, there -- there -- there is a cost associated with that change. And that institution is a very simple one, as compared with the accounts for the entire 100  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23: 1992 State of Illinois, as both of us, I'm sure, can appreciate. I would also remind you that we spent literally tens of millions of dollars putting in place the CUSAS system in the Comptroller's Office, and it would appear to me that a considerable amount of I that investment will go out the window at the same time that we are incurring a significant additional expense, because of the change that you are now proposing. I have -- I have another question, too: you've mentioned the -- the advantages Which you think you see, as -- when it comes to handling expenses in this shift from cash to modified accrual. I see some difficulties on the -- on the other side. What about the reimbursements? When we - - some of the -- when we incur certain expendituresg We all, at the same time, earn a credit -- reimbursement credits from the Federal Government and perhaps from other directions as well. It would seem to me that We might be putting ourselves in a position where we -- when we accrue a payment, it would be recorded, I mean - - the -- the accrued income would also be credited to the account. But it may literally be months - maybe even more than a fiscal year - before that income is actually received. So we might be putting ourselves in a position where We are inflating income. We would -- thereld be income showing on the books, which we really have no hope of receiving for quite some period of time. That appears to me as being another -- another area where this system might just not work as well as the one we have now. And it's for these reasons and al1 of these questions in regard to expense, that I rise in opposition to this bill - at least at this time. Maybe it's something we can look -- look at and once we figure out exactly what kind of a swamp and how deep it is that we're getting into, then we miqht proceed to --into it in any way, because of the advantages it migbt hold. But I see no advantages at this time, and I would urge a No vote. PRESIDING OFPICER: (SENATOR COLLINS) l0l t - -.  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Further discussion? Senator Butler.

Thank you. Question of the sponsor?

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

Excuse me. Senator, I'm concerned about the lapse period i spending, as you are, I know. What isn't clear is, does this :et ' chopped off immediately, or is it subject to the twenty, forty, sixty, eighty, a hundred formula that is in the bill? What are we going to do about qetting rid of that insidious practice?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz.

I appreciate Senator Butler's question. You asked if it gets i hacked off or chopped off immediately. No. Conversely, as you've explained, it will be dealt with in a twenty, forty, sixty, ninety, a hundred-percent method, and those things that are still hanging out can be addressed during the same five-year period. If there is anything that has to be dealt with, next year obviously, ik I can be set off a year. It is a five-year implementation of it# 1 l and if you 're qoing to do it over a five-year period of time, the ' real question is# when will you take the first step . And I encourage you to vote Aye and take the first step now. The faster we do this and go through it, I think the better off the State Will be.

PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Leverenz, to close. ! SENATOR LEVERENZ: I I For a11 of the reasons that I have just enumerated -- I understand that some on the Republican side might have a down arrow on the bill for -- for one reason or another. This is a 102  ! STATE 0F ILLINOIS 87th GENE/AL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23g 1992 bill, I believe, Whose time has come. I would solicit your Aye vote to pass this bill and get the State going on the right track. 1 PRESIDING OFFICER: (SENATOR COLLINS) i 1 The question is, shall House Bill 2714 pass. Those in favor i will vote Aye. Opposedy Nay. The voting is open. i SENATOR LEVERENZ: ! I Perok said yes. j I PRESIDING OFPICER: (SENATOR COLLINS) : Have all voted whowish?Haveallvotedwhowish? Haveal1 1 . voted who wish? Take the record. On that question, there are 31 Ayes: 27 Nays, none voting Present. Having received the required constitutional majority, House Bill 2714 is declared passed. Senator Etheredge.

Thank you, Madam President. I would request a verification of the affirmative roll cally please.

PRESIDING OFFICER: (SENATOR COLLINS) The Gentleman has -- the Gentleman has request verification of those voting in the affirmative. Will the Secretary please read the names of those voting in the affirmative.

ACTING SECRETARY: (MR. HAPRY) The following Senators voted in the affirmative: Alexander, Berman, Brookinsv Carroll, Collinsy Cullerton, Dart, de1 Valle, : Demuzio, Thomas Dunn, Hall, Hawkinsony Holmberg, Jacobs, Jonesy Joyce, Kelly, Leverenz, Luft, Marovitz, Munizzi, O 'Daniel, Palmer, Rea, Savickas, Severns, Smith, Topinka, Vadalabene, Welch and Mr. President.

PRESIDING OFFICER: (SENATOR COLLINS) Does the Senator question the presence of any of those voting in the affirmative? I

i Senator Jones. 103  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

PRESIDING OFFICER: (SENATOR COLLINS) Is Senator Jones on the Floor? Ts Senator Jones on khe Floor? Senator Jones, on the Floor.

Senator Savickas.

PRESIDING OFPICER: (SENATOR COLLINS) Is Senator Saviekas on the Floor? Is Senator Savickas on the Floor?

Senator Marovitz.

PRESIDING OFFICER: (SENATOR COLLINS) Strike his name, please. Senator Marovitz is at the back of the Chambers.

Senator Severns.

PRESIDING OFFICER: (SENATOR COLLINS) Is Senator Severns on the Floor? Is Senator Severns on the Floor? Strike her name.

That's iE, Madam President.

PRESIDING OFFICER: (SENATOR COLLINS) The roll call has been verifiedz and on that question, there are 29 -- 29 Ayes, 27 Nays, the *he sponsor is requesting postponed consideration. Next two bills on Recalls. House Bill 2758. Senator Carroll. Read -- read the bill, Mr. Secretary.

ACTING SECRETARX: (MR. HARRV) House Bill 2758. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Take it out of the record, please. Top of page l2. House Bill 2798. Senator Macdonald. House Bill 2799. Senator Dart . l04  STATE OF ILLINOIS j 87th CENERAL ASSEMBLY 1 REGULAR SESSION I SENATE TRANSCRIPT 1 ! 123rd Legislative Day June 23, 1992 E Read the bill, please. ! ACTING SECRETARY: (MR. NAKRY) : 1 House Bill 2799. i ! ; (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OPFICER: (SENATOR COLLINS) Senator Dart.

Thank you, Madam President. House Bill 2799 is in response to a recent Supreme Court case Which struck down our Criminal Victims' Escrow Account. The case required us to draw a more narrow account to deal with victims of violent crimes who are attempting to prevent the defendant in the case - the murderer - from obtaining money from writing books and other publications or movies. This 1aw has been changed and more narrowly drafted to allow for criminals and murderers - Class X and first degree murderers - to be deposed by the victim. There is no known opposition to this bill. It was on the Agreed Bill List. It's supported by numerous groups, including a PACT, which is Protecting All Children Together organizations, whose founder is Ms. Dora Larson, whose daughter is a ten-year-old girl who was murdered by a fifteen-year-old boy, who had made it rather public that he planned on writinj a book about it and telling everybody about the details. I'd ask for your favorable support in this vote, please.

PRESIDING OFFICER: (SENATOR COLLINS) Further -- further discussion? Senator Palmer.

Point of personal privilege, Madam President. I'd like the...

PRESIDING OFFICER: (SENATOR COLLINS) Senator -- Senator, will you -- would you just hold your point, until we... ! l05  STATE OF ILLINOIS 87th GENEKAL ASSEMBLY REGULAR SESSION i SENATE TRANSCRIPT ! 123rd Legislative Day June 23, 1992 SENATOR PALMER: Sure. PRESIDING OFFICER: (SENATOR COLLINS) Any further discussion? If not: the question -- Senator Geo-Karis. SENATOR GEO-KARIS: Madam President, Ladies and Gentlemen of the Senate, I rise in strong support of this bill. I think ikîs only right. We've got to stop victimizing the victims. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall House Bill 2799 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 53 Ayes, no Nays, 2 voting Present. Having received the required constitutional majority, House Bill 2799 is declared passed. House Bill 2824. Senator Marovitz. Read the bill, please. ACTING SECRETARY: (MR. NAQRY) House Bill 2824. (Secretary reads Eitle of bill) 3rd Reading of the bill. PRESIDING OPPICER: (SENATOR COLLINS) Senator Marovitz. SENATOR MAROVITZ: Thank you very much, Madam President and Members of the Senate. House Bill 2824 merely increases from fifty ko seventy-five dollars a day the per diem for inspectors appointed by DPR, who are licensed to inspect professional boxing and professional wrestling events. There hasn't been an increase for the State Boxing and Wreskling Board for ten years, and I think the cost on this thing is around fifteen hundred dollars. That's a1l we're talking about, so I would solicit your Aye vote. l06  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992

PRESIDING OFFICER: (SENATOR COLLIMS) Discussion? If not, the question isp shall House Bill 2824 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who Wish? Have a1l voted who wish? Take the record. On that question -- on that question, there are 51 Ayesy 7 Nays, none voting Present. Having received the required constitutional majority, House Bill 2824 is declared passed. Senator, I have Senator Palmer seeking reeognition. Senator Palmer, before you.

Madam President, point of personal privileqe.

PRESIDING OFFICER: (SENATOR COLLINS) State your point, please.

I'd like for the Body to congratulate my Honorary Page this Session, Alex Sanders. He has been accepted to the Illinols Academy of Science and Mathematics for this incoming year, as a freshman.

PRESIDING OFFICER: (SENATOR COLLINS) Will the Senate -- congratulations. Senator Marovitz.

Thank -- thank you very much, Madam President. I Ilve been asked to announce that as a result of this last bill that we voted - the increase in the per diem for the professional wrestling - that there will no longer be any fixed wrestling matches in the State of Illinois. so We can a11 take a...

PRESIDING OFFICER: (SENATOR COLLINS) House Bill 2829. Senator Carroll. 2831. Senator Carroll. Read the bill, please.

ACTING SECRETARY: (MR. HANRY) House Bill 2831. (Secretary reads title of bill) l07  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23g 1992 3rd Reading of khe bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Carroll.

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 2831 is, in fact, the operating budget for the Office of the Attorney General. It provides some 35.6 million, of which 28.8 is General Revenue funds, for their ordinary and contingent expenses for Fiscal Year 193. It is some one percent less than the original requestz and I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Discussion? If not, the question is, shall House Bill 2831 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 questiony there are 56 Ayesp no Nays, none voting Present. Having received the required constitutional majority, House Bill 2831 is declared passed. House Bill 2832. Senator Carroll. House Bill 2833. Senator Carroll. Read the bill, please.

ACTING SECRETARY: (MR. HARRY) House Bill 2833. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Carroll. SENATOR CARROLLI Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 2833 is a Build Illinois Bond Act vehicle bill, and I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Discussion? If not, the question is, shall House 108  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Bill 2833 pass. Those in favor w1ll 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 51 Ayes, 4 Nays, none voting Present. Having received the required constitutional majorityg House Bill 2833 is declared passed. House Bill 2834. Senator Carroll. Read the bill, please.

ACTING SECRETARY: (MR. HAQRY) House Bill 2834. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Carroll.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Likewise, House Bill 2834 deals with tùe General Obligation Bonds. The effort is to have this, also, in conference if we need some statutory language for GO Bonds, and I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is# shall House Bill 2834 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 54 Ayes, 2 Nays, none voting Present. Having received the required constitutional majority, House Bill 2834 is declared passed. Senator Fawell.

Thank you very much, Mr. Presldenk. I -- I'm sorry, I wanted to ask a question on the other bill. According to our analysise We just increase the Obligation Bond Issue by ten million dollars.

PRESIDING OFFICER: (SENATOR COLLINS) House Bill 2838. Senator Hall. The bill has passed already; we dre on the next order of business. We can discuss that you 109  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 can do that out in the hallway. House Bill 2839. Senator Hall. 38 or 39# Senator Hall, which one? Senator Hall, do you Wish 38 read? House Bill -- okay. Would you like 39? Hold. Senator Carroll. House Bill 2841. Want to hold? 2842. 2843. Senator Hall. 2844. Page -- top of page l3. Hold on Carroll. 2916. Senator Cullerton. 2950. Senator Schaffer. That's on Recall. House Bi11 2987. Senator Cullerton. Read the bill, Mr. Secretary.

ACTING SECRETARY: (MR. HANRY) House Bill 2987. (Secretary reads title of bi1l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.

Thank you, Madam President, Members of the Senate. This bill, before it was amended, Was identical to Senate Bill 1581, which passed out of the Senate and is in the House. In fact, I think ik may have even passed out of the House. And it grants employers an insurable interest in the lives of their employees. Permits an employer to insure the lives of its employees and requires consent of the insured. Restricts coverage from nonmanagement and retired employees to amounts commensurate with the employee's <sic> (employer's) unfunded liability for welfare benefit plans. The only difference between the bill that We already passed and this one is that there was an amendment dealing With -- at the request of the Department of Insurancee dealing with tbe -- the consent, and rather than requiring consent by the insured to be provided in writing, it requires the employer to provide written notice of coveragee then *he insured has thirty days from reeeipt of notice to reject the coverage. So with the exception of that amendment, it's identical to a bill we dve already passed, and I would urge a'n l10  ! ETATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Aye vote.

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

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

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

Senator, When we did the Senate bill I was a member of the debate, and I was concerned about the consent provisions, and the requiring of consentg and now wedre -- webre changing that a little bit - I guess in an attempt to avoid paper work - but even though I deal with the subject matter in my practice and everything elsee we all know that insurance policies are very difficult to read, and -- and very often not read at ally by those who purchase them. What kind of notice are we going to be requiring the employer to give to the employee, and can you assure me that it's going to be the kind of notice that's going to cause the employee to really be cognizant of what's being proposed here?

PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.

Well, when we passed the bill out the Senate, the language said, ''The consent to be insured shall be in writing.'' Now we're saying, HThe eonsent requirement will be satisfied if the insured is provided written notice of the coverage...'' So I really don 't think that there's much difference. And you want to know what does the nokice have to say, I think, and khe Statute doesn't -- the bill -- proposed bill does not indicate that, other than to say that you will be -- you will have coverage unless you reject it within 30 days. And -- and I would also remind you - and I1m ll1  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 trying to anticipate what your iuestions are the goal of this bill is to help the insured by providing, basically, health benefits for that person after they retire. So -- I'd be happy to answer another question. PRESIDING OFFICER: (SENATOR COLLINS) Senator Hawkinson. SENATOR HAWKINSON: I'm al1 for the goal of the bill, but I have the concern that if the individual whose life you propose to insure doesn 't know about it# or doesn't Want to consent, that -- that it's a -- could be a potential problem . And I khink there's a1l the difference in the world between a Written consent, where the employee is -- is required to sign something, and therefore, by definition - we would hope know what they're siqninq, and a hidden clause in a - - in a policy or in a overall health insurance policy or something that none of us read anyhow. And I just want to -- I guess if you can give me some assurance that this is goin: to be a notice thatîs not going to be a paragraph in -- in some policy or a paragraph in -- in an handbook -- employment handbook or something like this, but this Will actually be a real notice that's going Eo go out thatdll have nothing else in itz so that the employee's going to know what is going on, I have no problem with it. But if it's going to be stuck in an employer-employee handbook, or it's going to be part of a larger insurance policy or something like this, then I don't think the employee is ever going to see i*. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Schuneman. SENATOR SCHUNEMAN: Thank you, Madam President. Well, first of ally a statement, I -- I guess, and a -- and a question. khink Senator Hawkinson probably is right that the employee will not see this, because I 112 I  STATE OF ILLINOIS E 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 believe that the concept here is that the owner of the insurance policy will not be the employee. The employee, nor his family is ! likely to see the policy. So I don't think they're going to be confused about thinking that they might be beneficiaries under a policy and then find out later that they, in fact, are not. I don't think that really is a hazard here. But I donft quite understand - maybe Senakor Cullerton could explain to us - what happened to the agreement that in effect said that -- that there should be prior consent from the employee in order for this neW insurable interest feature to be legalized in Illinois. Could you - - could you respond to that, Senator? PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton, to close. You can respond and close. SENATOR CULLERTON: What I've been trying to do is take the bill out of the record, so that I can go back ko Director Selcke and ask him why he wants this amendment. PRESIDING OFFICER: (SENATOR COLLINS) 0ut of the record. Take the bill out of the record, please. House Bill 2996. PRESIDING OFFICER: (SENATOR LECHOWICZ) ! Senator Joyce. Read the bill, Mr. Secretary. ACTING SECRETARY: (MR. HAKRY) House Bill 2996. ! (Secretary reads title of bill) ' 3rd Reading of khe bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Kankakee, Senator Joyce. Senator Joyce. SENATOR JOYCE: Yes. This is the double State aid payment for Downstate for Juney Chicago for August, and we have debated this to death for years now . I don't think that any of us should have any qualms at ll3  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 all about supporting this. I'm sure your schools are in as much need as my schools. This is not one thing that -- you cannot 1et schools and teachers go down the tubes. You know, if we have to eliminate something ourself, possibly a district office, let's support these kids and let's give them what they want. I urge your support.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Any discussion? Senator Maitland.

Thank you very much: Mr. President and Members of the Senate. Let's let's make make sure we call this bill really what it is. This bill does not give to schoolchildren money any quicker. As a matter of fact, not as quick as it will be given to them under the current provision available to them - the provision that they borrow the money for their cash flow during that period of time from June until the payment is made in -- in July. This brinqs with it a greater problem, and theredre probably goinq to be very few No votes on this, but I Want you to remember back a year from now, what we say here today. There was a reason a year ago that we delayed this payment. It allowed us to balance the budget, and we changed the language to assure that it Would not be considered a long-term debt. It was agreed to by both Republican and Democrat, but ill-informed, misguided superihtendents around this State misread what we were doing. We put in the Stake Board appropriation last year the money. The spending authority was there; we didn't hurt school districts one iota. Many superintendents now understand what we tried to do. The bigger issue' though, is what this creates for us when we build next year's budget, and should this bill pass, and should this bill be veto-proof, the Governor, in my viewz will have only one option available to him, and that's to cut elementary and secondary by that amount. Think about that. We are creating, if we pass this l14  STATE 0F ILLINOIS . 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23e 1992 bill and change this formula, we are creating no* a ; one-hundred-and-seventy-six-million-dollar spending obligation for PY194, but indeed double that, and we cannot and must not ignore that. And therefore, in my view, it would seem to mee prudent of the Governor simply to cut that much money out of the State Board appropriation. I think this is a bad concept. We are reacting to some pressure that need not be there. It's not kids -- this is not a kids' bill at all. This is a publicity bill - one that's goin: to look back in -- good back in your district, and -- and youlre going to say, ''Look what I did for the school districtg'' wheny in fact, everyone in this Body knows you haven't given the school districts one more dime. Bad bill and ought to be defeated.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. A question of the sponsor.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates she'll yield. SENATOR DeANGELIS: Senator Joycey if the Governor would choose to sign this bill, and veto House Bill 600, which is the bill that pays khe interest for their borrowing, which way do the schools get their money quicker?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.

This geeting money quicker is not of a major issue at this point in time. It's a question of when are we going to start doing a viable program that schools can depend on. This is -- this is something that's been happening over the course of the last couple years. Schools don't know if they're coming or theydre going. Let me read -- can I read a real quick article? I 115  I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

PRESIDING OFFICER: (SENATOR LECHOWICZ) Please proceed, Madam.

1'11 read this. This was in the paper yesterday; you may have read it in the Springfield paper. It addresses the school thing as We have been playing around with it for quite some time. ' ''Everyone knows that many schools across the State are financially j hurting. NaW there's yet another study that paints a statistically bleak picture of education in Illinois. The Illinois State Board of Education has released a report that says local school districts plan to lay off thousands of staff at the I end of this school year, more than a quarker of al1 the schools have had to borrow money Eo make ends meek, and many more plan to cut back on textbooksz athletic activities and other programs to balance their books. State Superlntendent.ooLeininger said in a statement the bad news is the direct result of unpredictable State funding policies over the years. IWedve been on this financial roller-coaster ride forever, but the track has been seriously neglected and we never know when it might finally collapse beneath us.' He also added, IThey (the teaehers) are tryin: to do the most important job in our'society - teach our kids - and they have ! to worry from spring to spring about whether they'll have a jobod' We won't stand for that in the private sector; why do We stand for i this in education? Education is a number one priority. Donft we all say this, but no one treats it as such. ''Whether it was intended or not, the timing of the report's release comes as vo*ers next fall will decide whether to amend khe State's Constitution to boost State funding for schools.'' 1111 try and I pick out a few of these things. Okay. He also is blamin: -- ! pinning this blame on reductions on the emergency budget-cutting package approved by lawmakers and Edgar in January. ''The State cut sixty-two million out of 3.1 billion earmarked annually for ll6  t STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23y 1992 elementary and secondary education. However, Kim Knauer, a spokeswoman for the Board of Education, acknowledged that the layoff notices are the result of years of State funding policies, not just from last January budget cuts.îl It's just, to me, you know, let's do What We should do for education on a permanent I basis. Let's quit giving them Band-Aids when they need major surgery, so that they know what theydre doing from year to year.

PRESIDING OPFICER: (SENATOR LECHOWICZ) Any further discussion? Senator DeAngelis. SENATOR DeANGELIS: Yeah. I would like -- I would like the sponsor to repeat my question, because I think the editorial said exactly what I just said. My question is, which one would :et the money quicker? You said money was no lssue. The whole editorial you just read, talks about money.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Joyce.

It depends on when the Governor signs the bill. We Would prefer that he signs both of them , and we Would prefer that he signs both of them immediately.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Assumin: that you are correet, Senator Joyce, he signs them immediately, he still has to go to the bond markets in order to get the money to borrow the money in order to make that payment. So, the question is# which one gets the money to the schools quicker? House 3il1 600 does - not this one.

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

; l17  STATE 0P ILLINOIS . 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23: 1992 E Thank you very much, Mr. President. You know, I -- I have to I chuckle. Now wedre qoing to the bond market. As I recall correctly , when we left here last June, that within three weeks, I l i guess, after we were out of herez the Governor went downstairs -- we'd been trying to 9et him to borrow and he Went downstairs and he talked to the Treasurer and the Comptroller and he borrowed i enouqh money to give Chicago and the school districts their -- i their first State aid payment. So I don lt think that this is 90in: to cause us to have to go to the bond market to find some -- l I some money. I appreciate that -- that argument. Let me just say, 1 I guess the issue boils down to the isEue of permanent versus i temporary. Most oi us, last year, thought that khis Was a i I temporary move that was being taken -- thak was taking place with E respect to moving the payment. School districts and a number of i other people have decided that khat is a permanent loss to them, . I because it's never going to be made up. The question is, I guess: there are those who are fixing their budgets noW and laying off I ! teachers, as a result of the fact that they are having to -- to treat this as a reduction. And I think that's what the unfairness I isa1labout. SoIWouldrisetodaytosupportthis--thisbill, l and say that We ought to restore this money in this fiscal year. I It is, in fact, cheaper for us to borrow if we have to borrow, j than it is for school districts. It's the right thing to do, and i I would rise in -- in support of it today. l

PRESIDING OFFICER: (SENATOR LECHOWICZ) 1 ' Any further discussion? Senator -- I'm sorry. Senator DeAngelis, for a second time. SENATOR DeANGELIS: Yeah. Just as a matker of clarification - because some misinformation was given - Senator Demuzio, this bill pays an interesk rate which far exceeds what any school district would . have to pay if it borrowed the money. It's tied to the commercial I l18  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992 paper rate. So we ought to clear the record that the borrowing cheaper ks of no Bkgnkficance whatsoever, because they are, in fact, going to receive an interest payment that exceeds what their borrowing costs would be.

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

An Aye vote, please.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall House Bill 2996 pass. All in favor, vote Aye. All opposed, vote Nay. The votingls open. Have a11 voted who wish? Have all voted who Wish? Have all voted Who wish? Please take the recor 'd. On this question, there are 42 Ayes, 16 Nays, none recorded as Present, and House Bill 2996, having received khe constitutional majority: is hereby declared passed. House Bill 3029. Senator Joyce. Read the bill, Madam Secretary.

House Bill 3029. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Take it ouE of the record, please. House Bill 3070 is on the Recall. House Bi11 3803 Ksicl. Senator Rock. Read the bill, Madam Secretary.

House Bill 3083. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR LECHOWICZ) President Rock.

Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. 119  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 House Bill 3083 represents the annual appropriation for the ordinary and contingent expenses of the Stake Board of Education, including tbe amount necessary for the distributive fund appropriation and the -- and the grants. The total amount is three billion three hundred and twenty-six million seven hundred and eighty-one thousand dollars in General Revenue, and eight hundred and sixty-one thousand in other funds, for a grand total of four billion one hundred and eighky-eight million. The Senate had three amendments which were -- different from the House. One was a reallocation with no boEtom line change, at the request of the superinkendent. The other was a readjustment of federal funds to reflect a new prospective availabilityz again at the request of the State Board. And the third was as a result of Senate action. We reinstated the appropriation for the Governor's Purchase Care Review Board. The Governor had indicated in his earlier address that he wished to have that board and its funckions absorbed by the State Board. This Chamber turned down that proposal and so we literally just have reinstated their budget and their responsibility. I know of no objection, and I solicit a favorable vote.

PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is -- the question is, shall -- the question is, shall House Bill 3083 pass. Al1 in favor, vote Aye. All opposede vote Nay. The voting is opena Have a11 voted who wisb? Have a1l voted who wish? Please, take the record. On this question: there are 59 Ayes, no Nays, none recorded as Present, and House Bill 3083, having received the constitutional majority, is hereby declared passed. House Bill 3084: Mr. President. Out of the record. A1l right. Ladies and Gentlemen, I'd like to have your attention. We have a special guest joining us this afternoon, and the Chair recognizes Senator O'Daniel.

120  STATE OP ILLINOIS 87th GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Thank you, Mr. President, Members of the Senate. I'd like to have a11 of your attention. We have a -- really, a person that 1 we're very proud of from down at -- at Mt. Vernon. He saved a young qirlts life. He jumped into a well. A little three-year-old girl had fallen into a Well and he jumped in - the well had twelve foot of water in it - and went to the bottom of the well, and -- and found the little girl head first in the well, brought her out, got out of the well, qave her mouth-to-mouth resuscitation, and -- until the paramedics got there, and the doctors and a11 of them said without his quick thinking and disregard for his own safety, there's no way she would -- she would be alive. This young man works for an independent tire dealer down in Southern Illinois one of the larger independent dealers and distributors, and held just gotten home from work and was relaxing, and the neighbors ran over and said the little girl had just fallen into the -- to the Water, and he immediately jumped in the well. It Was a -- just a hole twenty inches square that he was able to jump into. His -- her father had been working to repair the pump in the well and he left momentarily and the little qirl fell in the well, and this young man with his quick thinking jumped into the Well and -- and was able to save this little girl's life, and he's really a hero to -- to the people in Southern Illinoisr and especially to Mt. Vernon and -- and Jefferson County . So I'm going to have Madam Secretary to read the Senate joint resolution, and I'd like for you to help me -- after she reads the resolution, welcome Denny Dennis and his friend to the Illinois Senate.

Senate Joint Resolution l37 offered by Senator William O 'Daniel. (Secretary reads SJR 137)

I 12l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRKNSCRIPT 123rd Legislative Day June 23# 1992 Thank you, Madam Secrekary. Help me welcome Denny Dennis to the Illinois Senate. . . . tApplause by khe Illinois Senatel... I i Thank you very much, Mr. President. I

PRESIDING OFFICER: (SENATOR LECHOWICZ) ; House Bill 3105. Senator Dunn. PRESIDING OEFICER: (SENATOR DEMUZIO) ' 3105. Senator Dunn. Page l4. 3125. Senator Carroll. 3125, Madam Secretary.

House Bill 3125. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank youg Mr. President, Ladies and Gentlemen of the Senate. House Bill 3125 now contains the ordinary and contingent expenses of the State Board of Election. It is basically at the House level with the addition of fifty-two thousand to adjust a mistake in khe retirement line, to bring it to the ninety -- FY192 spending levels. It Would, in fact, at this point, be four million fifty three thousand. I Would ask for a favorable roll call.

PRESIDING OFPICER: (SENATOR DEMUZIO) Discussion? If not, the question is: shall House Bill 3125 pass. Those in favor will voke Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 55, khe Nays are none, none voting Present. i House Bi1l 3125, having received the required constitutional majorityz is declared passed. 3135. Senator Maitland. 3139. ; Senator Cullerton. Sorry, what? Oh, Ifm sorrye it's a Recall. l22  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 3149. Savickas. 3160. Holmberg. Recall. 3175. Topinka. 3182. i Senator Carroll. Madam Secretary, 3182, please. i SECRETARY HAWKER: ! House Bill 3182. i (Secretary reads title of bill) ; I 3rd Reading of the bill. I PRESIDING OFFICER) (SENATOR DEMUZIO) j Senator Carroll. i SENATOR CARROLL: j Thank you, Mr. Presidenk, Ladies and Gentlemen of the Senate. 1 : House Bill 3182 is the ordinary and contingent operations of khe i I ! co-equal branch of government known as the court system. Ik i provides now for some hundred and sixty-eight million two hundred i l and twenty thousand dollars for the operations of the court. We I I have, in fact, reduced their budget from the introduced level, I i almost to that wbich the Governor would have liked. We did add to ï ' i the Court's budget an appropriation for the constitutionally I required Judicial Inquiry Board, and we are going to have to pay j ! an additional rent to keep them at the Daley Center. I would ask for a favorable vote. PRESIDINGOFFICER: (SENATOR DEMUZIO) l ! Is there discussion? If not,thequestionis, shall House 1 Bill3182pass. ThoseinfavorWill vote Aye. Those opposed, 1 Nay 1 . The voting is open. Haveallvoted who wish? Have a1l 1 voted Who Wish? Have a11 voted who wish? Take the record. On ' tbat question, the Ayes are 4B, the Kays are 5, none votin: Pzesent. House Bill 3182, havin: received the required constitutional majority, is declared passed. 3185 is on the Recall List. 3188. Jones. 3199. Senator Carroll. Madam Secretary, House Bill 3199. I sscasTaRyHAwxsR: t i House Bill 3199. I i 123  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The -- this is now the ordinary and contingent expenses of the Office of the State Treasurer. It is at tWelve million forty-five thousand point one. As a appropriation recap of that Which We have done, it appropriates altogether 551.6 millionz of which twelve is General Revenue, I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall House Bill 3199 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who Wish? Have all voted Who wisb? Have all voted who wish? Take the record. On that question, the Ayes are 57, the Nays are none, none voting Present. House Bill 3199, having received the required constitutional majority, is declared passed. 3201. Leverenz. Madam Secretary, please. 3201. I beg your pardon, itîs Senator Palmer. Senator Palmer. 3210. Senator Watson. Bottom of page l4, House Bills 3rd Reading. House Bill 3210, Madam Secretary.

House Bill 3210. (Secretary reads title of bil1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Yes. Thank you, Mr. President. This legislation Was introdueed in behalf of the Illinols Sheriffs' Association. The bill was discussed in committee and we amended in committee to l24  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 take care of the concerns of the Local Government chairman and i other members . This would -- slmply clarifies that a person I charqed with an offense shall not be confined in the same cell as those convicted of a crime. This amendment clarifies the original intent of the legislation. I

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Senator Kelly. SENATOR KELLY: ' Mr. President, a question of the sponsor.

PRESIDING OFPICER: (SENATOR DEMUZIO) Sponsor indicates he Will yield. Senator Kelly.

Yes. Senator Watson, wha: impact would this have on the Cook County Jail, with the prisoners that are in there in multiple, you know, cells, or whatever? What impact would it have on the population and on the facility?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Well. this is supported by the Caok County Sheriff, and it should have a positive impact on the ability of those people who are convicted of a crime, and those who are actually charged with t a crime, being held in separate cells. What they -- the intent of the Sheriffsf Association was that those people then be alloWed to commingle when they serve dinner or when they're on the recreational area.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator -- further discussion? Senator Lechowicz.

My question -- thank you: Mr. President. My question is quite I similartoSenatorKelly's We have an overcrowded Cook County . 1 ; 1 Jail today. Unfortunately, We're probably -- by the number of 1 125  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leqislative Day June 23: 1992 approximately twenty-five hundred people. And youdre telling me that the àheriff of Cook County, Sheriff Sheahan, is support of this legislation? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson. SENATOR WATSON: Joe Mudd testified to that effect in committee. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Lechowicz. SENATOR LECHOWICZ: Can you -- can you tell me how the person who is assigning these individuals to the cells will determine if there is a previous conviction on the individual or not? PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Watson. SENATOR WATSON: Would you clarify that again -- ask khat question again? PRESIDING OFEICER: (SENATOR DEMUZIO) Senator Lechowicz. SENATOR LECHOWICZ: Tbank you, Mr. President. The person who assigns the individual to cells - how will he know if the -- one of the kndivkduals has a previous record or not? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson. SENATOR WATSON: Well, this doesn'E have anykhinq to do with a previous record. This has ko do With those people who are convicted of a crime and those khat are charged. That's -- that's what this has to do With. So it's -- doesn't have anything to do with the previous record of the individual. PRESIDING OFFICER: (SENATOR DEMUZIO) ( l26 1 1 !  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Senator Lechowicz.

Well, many of the inmates at Cook County Jail who are awaiting to be placed in a State institution are individuals who have a previous criminal convictiony and -- theyîre charged With another -- another criminal charge, and they're awaiting their trial. Now supposedly, the Cook County Jail is supposed to be a holding institution until the individual goes to trial, and then they are put back to Cook County until they are able to bb taken to the State prison. I find this bill quite difficult to administrate, and I'd like to know how you administrate this bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.

Well, I -- the Sheriffsl Association is in support of it, Senator; that's a11 I can tell you. If -- if they 've got a problem with it, they certainly should be able to address it. I mean, they -- we had the McLean County Sheriff here; he testified on behalf of the legislation. Joe Mudd did testify in -- in the committee when the question was asked concerning the Cook County Sheriff that they yes and did -- he did, and support it.

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

ïes. Perhaps perhaps I can -- thank you, Mr. President, Members of the Senate. Perhaps I can clarify. We did debate this bill in -- in committee. What has -- what has to be clarified is that the current law says that people who are convicted of misdemeanors, who are serving their time in the county jaily have to be separate from people Who are charged with a crime, who are also bein: detained in the county jail. So that's what the current law is. They have to be separate, according to the 127  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leqislative Day June 23, 1992 current law. So the people down in -- in a county in the south indicated they have a prison where they like to commingle these two separate people for recreational and for meals, and they said the Way they read the current law, since they have to separate, maybe they're violating the Act. So we in committee said, 991'11 tell you what. If you -- if you just keep them is separate cells, Would that be okay?'' And they said, ''Sure, we'd keep them in separate cells.'' It's just that when they come out for meals or recreation they wanted to have them in the same pod, I think was the term they used. So the thing that's important to know is that the current 1aw says that people who are charged With an offense have to be separate from people who are convicted of a misdemeanor. And in Cook County Jail, indeed right nowy people charged with a misdemeanor are held separate from those who are charged with a -- a -- a crime, and this bill will help Cook County in being more flexible as to Where they can put their -- their inmates. So for that reason, rise in support of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Thomas Dunn. SENATOR T. DUNN : Thank you, Mr. President. Question of the sponsor. PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Dunn. SENATOR T. DUNN : Senator, what happens if there are not enough cells? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson. SENATOR WATSON: Well -- as -- I don't know if you heard Senator Cullerton, but the existin: law will will remain. What wefre talking about doing is allowing for commingling when theyfre eating and when they dre -- out on -- on the grounds. That's what this does. They 128 I I  STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 ( still have to stay in separate cells. That's the current law. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn. SENATOR T. DUNN: So this is in no way a mand4te upon our -- our local county jails to build more cells in order to accommodate this law. Is that correct? ; PRESIDING OFFICER: (SENATOR DEMUZIO) ! Senator Watson. SENATOR WATSON : i Well, I would hope so, because the -- the Sheriffs' l Association, I meane it's their particular piece of legislationg and they're vehemently opp I osed generally to most mandates. I PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Further discussion? Senator Fawell. : SENATOR FAWELL: I Thank you very much. We did hear this bill in -- in committee. One of the other problems that they also had down in - - in Downstate, is that some of the courts were also interpreting this when they said ''sepàrate'', that they couldn't even be in the same cell block - that they couldn't even see each other. What 1 . this does is -- is clarify what the inkent of the law is, and that is, they are kept in separate cellsz but can be Within the same i I cellblock,sothey can look at each other but they can't r t physically become in contact with them. This is a good bill. 1* is needed by the -- particularly the -- the Downstate jails, and I solicit, also, an Aye vote. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Watson wishes to close. SCNATOR WATSON: Appreciate your support. Thank you. I I PRESIDINGOFPICER: (SENATORDEMUZIO) l 129 L- -  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Question is, shall House Bill 3210 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l i voted who wish? Have a11 voted who wish? Have all voted who 2 I wish? Take the record. 0n thak question, the Ayes are 55, the l i Nays are 2, l voting Present. House Bill 3210, having received khe required constitutional majority, is declared passed. Page l5. 3221. Senator Leverenz. 3227. Senator Rea. 3246. Leverenz. 3261. Macdonald. I6m sorry, it's on the Recall List. 3269. Luft. 81 is on the Recall. 82 is on the Recall. 3325. Senator Brookins. 3335. Senator Carroll. Oh, I beg your pardon. Senator -- Senator Luft wishes to have his bill called. Where was it? 0h. 3269. On the Order of House Bills 3rd Reading is House Bi11 3269, Madam Secretary.

House Bill 3269. (Seeretary reads kitle of bill) 3rd Reading of the bill.

PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Luft.

Thank you, Mr. President. Presently a member or employee of the Metropolitan PierandExpositionAuthoritycannotbeaboard member or employee of the Chicago Convention and Tourism Bureau. 1 l What this bill does is delete that provision.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not: the question is, shall House Bàll3269pass. Thoseinfavorwill vote Aye. Those opposed, Nay. The voting's open. Have a11 voted Who Wish? Have al1 voked 1 who wish? Have al1 voted who wish? Take the record. On that I question, the Ayes are 55, the Nays are none, none voting Present. I House Bill 3269, having received the required constitutional majority, is declared passed. 3335. Senator Carroll. House I l30  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Bill, Madam Secretary. SECRETARY HAWKER: ' House Bill 3335. (Secretary reads title of bill) i 3rd Reading of the bill. ! PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll. i SENATOR CARROLL: I Thank you, Mr. President, Ladies and Gentlemen of the Senate. l House Bill 3335 is the ordinary and contingent expenses of the i Appellate Defender. It appropriates some six and a half million I i dollars, of which 5.9 is General Revenue fundsr for the PY193 1 l fundin: to that office. I would ask for a favorable roll call. PRESIDING OFFICER: (SENATOR DEMUZIO) I I Discussion? Senator Keats. i SENATOR KEATS: ' ' Question of the sponsor. 1 PRESIDING OFFICER: (SENATOR DEMUZIO) I Indicateshewillyield. SenatorKeats. l SENATOR KEATS: i We received a letter from a -- an interest group tied into the State Appellate Defenders' group groveling and begging for more : money. Did you give it baek ko them, or is this without the 1 I additional money added in? r PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Carroll. SENATOR CARROLL: The groveling and begging so far has had no effect. This is Without it. PRESIDING OFFICER: (SENATOR DEMUZIO) ' j Further discussion? If not, the question is, shall House Bill 3335 pass. Those in favor wi11 vote Aye. Those opposed, Nay. I ! 13l  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that questkon, the Ayes are 50, the Nays are 2, none votîng Present. House Bill 3335, havin: received the required constitutional majority, is declared passed. 3408. Senator Smith. Madam Secretary, 3408.

House Bill 3408. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3408 creates the Shelter Residents Protection Act. A homeless person who resides in a homeless shelter is permitted to open a savings account at a bank or savings and loan. If the individual does not want to use a financial institution, he or she may negotiate a written requirement with a shelter to accept and maintain his or her funds. Describe the terms of the agreement. House Bill 3408 is recommended of Legal Assistance Foundation of Chicago, and according to khe Foundation many shelters have programs that enable residents to save their public aid checks until enough money can be accumulated to assist the person in obtaining permanent housing. The lntent of House Bill 3408 is to assist homeless persons in becoming independent and self-sufficient. The Department of Public Aid is neutral on House Bill 3408. I ask for your favorable vote.

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

Yes. Just a question of Ehe sponsor, please. 132  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23: 1992 I PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates she Will yield, Senator Watson. SENATOR WATSON: Does this involve checking accounts? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith. SENATOR SMITH: Yesv it does. IIm sorry . It does involve that. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson. SENATOR WATSON: Well, as a rekailer: sometimes we have a problem When we gek a bad check back finding where -- getting people to pay them, let alone find out where they live. I don't know how this Would work in that regardy but I can see a problem this may have for retail merchants in this State who are -- have a lot of problems anyway, and trying to collect a bad check that has no address or someone that has no home, it would be a problem. 1... PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smkth. SENATOR SMITH: Most of the accounts that you had problems with were saving accounts, not checking accounts. Savings -- and -- and the person of business do not have to accepk the check if you do not care to. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discusoion? SENATOR SMITH: This is merely trying to help these people to become independent, so that they can be reliable taxpayers and citizens here in the State of Illinois. Thatfs all wedre trying to do. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Brookins. l33 !  STATE OF ILLINOIS 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

Thank you. The sponsor answered the question. As a small business person you do not have to accept a personal check. You can ask for additional ID, or you can just refuse to sell to that person. The sponsor answered that and -- and -- or either call the bank. In my business, I call the bank right away and sometimes have the people sitting there while I run to the bank with the check. So there's ways to :et around that. Thank you.

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

Thank you, Mr. President. I merely ask for a favorable vote, please.

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall House Bill 3408 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 al1 voted who wish? Take the record. On that question, the Ayes are 45# the Nays are 9, l voting Present. House Bill 3408, having received the required constitutional majority, is declared passed. Page -- 3410, on the Recall List. Page l6. 3418. Senator Etheredge. 3435. Maedonald. Madam Secretary, 3435, please.

House Bill 3435. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maedonald.

Thank you, Mr. President. Senate Bill 3435 amends the Central Midwest Interstate Low-Level Radioactive Waste Compact, the Low-Level Radioactive Waste Management Act, and the Radiation 134  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY i ! REGULAR SESSION j SENATE TRANSCRIPT j 123rd Legislative Day June 23, 1992 l Protection Act of 1990 . It also creates the Radioactive Waste ! Compact Enforcemenk Act. The changes in the Illinois Campact are significant. Firsty it clarifies the Low-Level Compact Commissiony and says that it has authority over al1 low-level : waste cominq into Illinois, including waste going to the disposal i facility and ko the treakment and storage facilities. Second , kt i ensures that. any waste declared to be below regulatory control by i ' other states or the Pederal Government cannot be shipped to 1 Illinois and disposed of in ordinary landfills. This amendment 1 also provides that waste generated by federal agencies cannot go i into the new facility without an aqreement approved by the Compact i Commission and the General Assembly. It also clarifies that no i waste from the Maxey Flats site in Kentucky can be sent to this i facility. Changes to the Low-Level Management Act provide that ; the Department of Nuclear Safety shall not increase -- or shall j ! not license disposal of mixed waste at the new low-level disposal ; facility, since no appropriate methods of disposal for such waste I have been established. In addition, the Low-Level Compact and the I Low-Level Waste Management Act are being amended to delete I references to the federal 1aw being challenged in the U.S. Supreme I Court as being unconstitutional. By doing this we can ensure that waste from outside the compact region are taken out of Illinoisz ! even if the Supreme Court strikes down the federal 1aw that forces states to take title to the kaste. So I Would be happy to answer j i any questtons. This has been Worked out over a number of weeks. j I am very pleased thak fobmer Senator Jerry Joyce was very much a part of the negotiations on this bill. While it is extremely complicated, it is also very important to Illinois. And I ask for your support of its passaqe.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Carroll. i SENATORCARROLL: j l35  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Thank you, Mr. President. If the sponsor would yield for a question.

PRESIDING OFFICER: (SENATOR DEMDZIO) Indicates she will yield. Senator Carroll.

Senator Macdonald, I -- I do not claim at all to be expert in this area, having had the advantage of having Senator Joyce as my seatmate all these years and having his expertise; but thought the Supreme Court did, in fact, just rule, and as I read it, they ruled, in fact, thak you could not impose upon the State that it be a site by date specific, and that, in fact, the states read that to mean that none of them had to have these, and that those who had them might be forced to accept waste from other states. I thought the Supreme Court had already ruled, and do we know what impact that would have on us as a hosting site?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald.

I I understand that the court did rule, but it ruled that - - the only change Was that it -- it eould not -- now, let me get this stralght -- they -- they couldn't take title until 1996.

PRBSIDING OPFICER: (SENATOR DEMUZIO) Senator Carroll.

Maybe I1m in error, but I thought I read it that the State was not required to take title at all. So therefore other states Would not have to have title, and they -- you know, wouldn't have to honor the compact or could send it to Ehose sikes that were host sites without havinq the obligation.

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Macdonald.

l36  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 We don't have to take titlez but we do have to have a faciliky.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.

Well, because the bill has been amended, I think we still have some time to look at it. That's not, at least: the way I glanced at the court opinion when kt came down. That -- it did not speak to the issue of whekher we had a facility. And I thought within the articles it saidg in effect, those that have facilities might get stuck and those Who don't may not. But, by the fact that it has an amendment on it and it has to go over for concurrence in the House, I think gives us a little time to figure that out.

PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Welch. SENATOR WELCH ; Thank you: Kr. President. I think what Senator Carroll alluded to is absolutely correct. And that is that once the Supreme Court decided thak there is no deadline that could be imposed upon states to have one of these low-level sites, no other states are going to go ahead and build one of these sites. Illinois was forEunate in getting out of the Midwest Compact - that was thirteen states, when we were supposed to take thirteen statesl waste - and we got into a two-state compact. The remaining eleven states in that compact bave been fighting ever since about Where the site is going to be. They decided on Michigan, then Michigan raised the ante on each of the other states by millions of dollars: and the other states balked. So I don't think there will be another site built in the entire United States, and I think it would be foolhardy for Illinois to continue along the path we are, on buildin: one of these damn things. Because what's going to happen is, we dll end up with the only site 137  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23y 1992 in the country. Itdll be right in the center of the United States, where there are no o*her sites, and we dre going to end up being a magnet for low-level nuclear waste. So think that we have to take that in mind, as we look at these low-level nuclear sites. This bill is meank to keep waste out by giving the commission the authority to say what goes into the waste site. I'm afraid that that may eventually be overruled by the Federal Government, saying that nuclear waste is part of commerce, as they did with garbage and other types of hazardous waste going to Alabama just within the last three weeks. So I think that we should continue to look at thisr and I think that We should slow down building one of thesè low-level nuclear sites.

PRESIDING OPPICER: (SENATOR DEMUZIO) A1l right. Further discussion? Senator Keats.

Question of the sponsor.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator -- indicakes she Will yield. Senator Keats.

My concern is -- is different than whatss been said so far. This being a government facility, we are taking tikle to the waste. Am I misreading? Because, I'm goin: to say, if there's one thing we don't waht to do is -- the government is take title to the waste and be responsible for it. I'm just double-checking to make sure that we are in no way becoming responsible.

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald.

Senator Keatsr We are not taking title to the waste. That is not in the billy and that is not what we are doing in this bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) 138  STATE OP ILLINOIS I 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23: 1992 Senator Keats. SENKTOR KEATS: So, to make it clear, khe liability remains with the generator, not wkth the taxpayer. To make it very clear on the Floor of the Senate - the liability's With the generator, not with the taxpayer. Correct? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald. i : SENATOR MACDONALD: i That is correct. PRESIDING OFFICER: (SENATOR DEMUZIO) j i Further discussion? Senator Schaffer. SENATOR SCHAFFER: 1 I Well, one of the things that the recent court decision didn't do is eliminate the problem. We aren't siting these facilities - i or attempting to - for legal reasons; wefre doing it because weg asasociety,aregeneratinqthiswaste. Ihaven'theard anybody 1 ; suggest to me that We stop doing the medical treatments that involve radiation, which saves thousands of people each year. I haven 't heard anybody suggest we shut down the nuclear generators and go back to being totally dependent on foreign oil. The botkom line is that we have to be responsible. This facility is needed. It's going to be used primarily for Illinois-generated Waste. Obviously, we have a relationship with Kentucky. I think the move for the Illinois/Kentucky Compact protects us from becomin: a major dumping area. And I sincerely doubt, even in their mosk caprice <sic> moment, that the Federal Government is going to say, ''Xou're the only people in the country that have been responsible, so we ire Moing to somehow punksh you.'' One of the things that I think the American public is so turned off about those of us in government is we never solve any problems. Here's an attempt to solve a problem. Why don't we show the people theydre wrong - i i 139 2 L  STATE OP ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT ! 123rd Legislative Day June 23, 1992 I r that Illinois government can solve a problem now and then? PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Macdonald may close. SENATOR MACDONALD: Thank you, Mr. President. The one thing I do want to make very clear is that Illinois is the thàrd largest generator of low-level nuclear waste in this country. I think khat it Would be ill-advised for us not to be prepared and to have a plan in place that is -- that we have control of: that the General Assembly will have to take action before this waste can come in. This is a protection and a precaution that we are trying to effect here. And I ask for your support for passage of this very important bill, so that the Department of Energy -- of Nuclear Safety will be ready and prepared to take care of the waste -- low-level nuclear waste in Illinois. So I ask for your support of this important piece of legislation. PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, sh#ll House Bill 3435 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. . .. lmachine cutoffl...voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 57, the Nays are none: 2 voting Present. House Bill 3435, having received the required constitutional majority: is declared passed. 3439. Senator Weaver. END 0F TAPE TAPE 4 PRESIDING OFFICER: (SENATOR DEMUZIO) l40 k  STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT l23id Legislative Day June 23y 1992 3456. Senator Rock. 3464. Jones. There 's -- 79 and 83 are on the Recall List. 95 Was recalled this morning. 3513. I Savickas. 63 is on the Recall List. 3568. Senator Thomas Dunn. I At the bottom of page l6, Mr. Secretary. House Bill 3568. ACTING SECRETARY: (MR. HAKRY) , House Bill 3568. I i (Secretary reads title of bill) j 3rd Reading of the bill. i ;

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn.

Thank you, Mr. Presidènt. Currently publlc agencles may noW invest in a fund similar to a mutual fund held by a bank. This bill would expand that activity to include bank and bank holding companies and their subsidies <sic>. The amendment that was filed earlier would clarify that a public agency must have an agreement wikh a bank for the purchase of securities, prior to the issuance of the securities. I urge adoption.

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall House Bill 3568 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? The voting is open. Have all voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 58, the Nays are none, none voting Present. House Bill 3568, having received the required constitutional majorityz is declared passed. Top of page 17 is House Bill 3583, Mr. Secretary.

ACTING SECRETARY: (MR. NAQRY) House Bill 3583. (Secretary reads title of bill) 3rd Reading of the bill.

l41  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23z 1992 Senator Luft.

Thank youz Mr. President. The subject matter of House Bill 3583 is interest rate swaps. An interest -- interest rate swap is a contract between two parties for a duration, for the most part between one and ten years, and it is designed to do one of two functions: either chanqe a fixed rate to a floating rate, or a floating rate to a fixed rate. More than seventy percent of a11 debt issued by corporatipns has such an item involved in the debt issuance, and as that -- far as that goes, municipalities so far - at least those that are home rule communities have been able to issue over fifty billion dollars in debt. In the State of Illinois home rule communities already have this right. What this bill -- is just afford the right to other communities. The bill has been amended at the suggestion of Senator Weaver, to only include communities whose debt aggregate is over ten million dollars.

Gentleman has moved passage of House Bill 3583. Discussion? Senator Schuneman.

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

Indicates he will yield, Senator Schuneman.

Senator, eould you explain to the Body what an interest rate swap is, and how it would benefit Ehe SEa*e of Illinois in particular?

Senator Luft.

I really appreciate the question. Thank you very much. I 142  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23y 1992 hope you understand the answer. Letîs assume that a city has issued a debt of two million dollars, seven percent interest. And the short-term market on investments -- all of a sudden the interest rate becomes appetizing. So tWo partiesz namely the city in this casez and another parky - usually Would be an investment banking firm - would take two million dollars out of their short-term assets, and enter into a rate swap - interest rate swap - with the investment banking firm . That would include a fixed rate, where the city, letês say, Would pay the banker a five-and-a-half pereçnt fixed, and then the city would pay a floating rate, based on what's called the J.J. Kenney Indexy which would be in the neighborhood, let's say, of three and a half percent, Ehereby saving two percent. As lon: as the floating rate through the J .J. Kenney is less that five and a half percent, the city or the person issuing the debt is going to succeed in savin: money. PRESIDENT ROCK: ' Senator Schuneman.

If the State of Illinois enters into a swap agreement, under which the purchaser of that -- or the acquirer of the deal makes guarantees to the State as far as paying interest to the State, who guarantees that that agreement will be abided by and fulfilled?

Senator Luft.

It's a contractual agreement between the State and the other party.

Senator Schuneman.

I 143  1 : STATE OF TLLTNOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 And who is that other party? Is ik -- is it a bank? Is it a bonding company? Is it a mortgage banker, or is it a group of lawyers?

Senator Luft. SENATOR LUFT 1 : 1 I don't think any party or groups of parties are excluded, but in the case that I am referring to and the commitments that I have - - am acquainted with, it's usually been between an investment banking firm.

Senator Schuneman. '

Well: to the Members, Mr. Presidentk If you are like me, after having heard this scheme descrlbed over and over again, frankly I have some concerns about it, and 1'11 try to be brief in describing those concerns. First of all, it's my understanding that groups that enter into such agreements are basically 1aW firms that have put together groups that make agreements With the State of Illinois: and that there is: in fact, no financial regulation of those groups. So as long as they remain solvent, perhaps the swap will be okay, but if one of them should fail, then I'm not sure where that leaves the State or other political subdivisions that may be involved. The other matter that is of concern to me: it's my understanding that -- that these deals are al1 strictly behind the scenesg tha: there is no revelation on l State or other governmental financial reports that detail *he extent to which interest rate swaps have been entered into. And I am by no means an expert on this issue, but I think that we al1 -- if we -- if we want to adopt a conservative approach to government, we ought to look very, very carefully and very cautiously at What we 're doing here. So, with that, Mr. 144  STATE 0F ILLINOIS 87th GENEPAL ASSCMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 President, I would simply urge caution, and perhaps the best thing l we can do in this troubled financial year is to put this off and take another look at ite and kfr in facte it is ever publicly ; supported by the people that manage State government, namely the ! Governor's Office and the Bureau of the Budget, and others for whom we are told this is being done, then perhaps we ought to look i at supporting it, but until that happens, I really think the best course of action would be to hold off. !

Question is passage of House Bill 3583. Further discussion? ! Senator Welch. SENATOR WELCH : ! ' I had a question of the sponsor.

Sponsor indicates hedll yield, Senator Welch.

Yeah. Senator Luftz you explained swapsy but the analysis also says that public corporations could enter into futures, optionse puts, and calls. Why do we want to let government units get into the puts and calls market? PRESIDENT ROCK: ! Senator Luft.

The amendment removed that language.

A11 right. Any further discussion? Further discussion? Senator Luft, do you wish to close?

Yes, I do, Mr. President. First of ally to Senator Schuneman: It is a publicly declared document. It's on file opce ehis is entered into. You cannot enter into an agreement with anybody that has a credit rating lessthan thepubllc body entering into j 145  STATE OF ILLINOIS 87th GENERAL ASSEMBLY àEGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 it. And what I would suppose is, that you would be like somebody that the salesman walked into a company a long time ago that had a lot of adding machines, and the guy introduced the person to someone -- to a new device called a computer. The computer Was designed to save time, to save money, and to try to advance forward the company. They did not choose to move forward, and therefore stayed wikh adding machines. Realizing now this is also a procedure that the State in this case can enter -- can remove themselves immediately. If the interest rate moved up or down or in a position Where they didn 't like it, they have ten thousand ways to get out of this èontract. Remember what I said: that seventy percent of all corporations ln the United States issuing debt are doin: this, and fifty billion dollars' worth of municipal moneys are already doing this, and every home rule city in the State of Illinois has the right to do this. There has been no negatives. There's been nothing other than maybe a little fear in this Body. Passed the Hoùse 1l5 to nothing. I would solicit your Aye vote.

Question is, shall House Bill 3583 pass. Those in favor Wil1 vote Aye. Opposede vote Nay, and tbe voting is open. Have a1l voted who wish? Have al1 voted kho gish? Have all voted who Wish? Have al1 voted who wish? Take the record. On thak question, there are 31 Ayçs, 25 Nays, 1 voting Present. House Bill 3583, having received the required constitutional majorityz is declared passed. Senakor Echuneman, for what purpose do you arise, sir?

Request a verification, Mr. President.

That request is in order. Senator Schuneman has requested a verification. Will the Members please be in their seats. Madam 146  STARE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23: 1992 Secretary, read the affirmative roll.

The following Members voted in the affirmative: Alexander, Berman, Brookins, Carroll, Cullerton: Dart: DeAngelis, del Valle, Demuzio, Di Turi, Thomas Dunn, Hall, Holmberg, Jacobs, Jones, J.J. Joyce, Kelly, Lechowicz: Luft, Madigan, Marovitz, Munizzi, O'Daniel, Rea, Savickas, Severnsz Smith, Vadalabene, Weaver, Welch and Mr. President.

Senator Schuneman, do you question the presence of any Member voting affirmatively?

Yes, Mr. President. Senator Cullerton.

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

Sorry, Mr. President. Was -- kas he stricken?

Senator Cullerton was stricken; he now is in the center aisle and will be replaced.

Okay. A1l right. Senator Jones.

Senator Jones is to my left - philosophically and physically.

Senator Welch.

Senator Welch is on the Floor in the back.

No further questions.

l47  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Al1 riqht. The roll has been verified. On that question, there are 31 Ayes, 25 Naysz 1 voting Present. House Bill 3583, having received the required constitutional majority, is declared passed. 3587. Senator Cullerton. We dre at the top of page l7. Okay. A11 right. Ladies and Gentlemen, I'm sure the Secretary has had the Pages pass out the Recall List. As you can tell, the list is getting longer - higher, wider, heavier and longer as we say in the trade. I would ask the Members to pay particular attention. Based on past performance, this is the time when some amendments pop up that We may not want to see. So we will attempt to deal With the requests of the Members. There are about forty amendments. We will go through as expeditiously as possible, but I would ask the Members tù please pay attention. If I can direct your attention to the Recall List. Page 10 on the Calendar. Senator Berman, are you With us? Wefre on the Recall Calendar. This may be the last chance before Sunday to do Recalls. Middle of page l0F on the Order of House Bills 3rd Reading, is House Bill 1890. Senator Berman seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading, House Bill 1890, Madam Secretary.

Amendment No. 1 offered by Senator Bejman.

Senator Berman.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1890 deals with the IGAP testing by khe State Board of Education. During t%e committee...

A11 right. Ladies and Gentlemen, we have forty amendments, some of which no one has ever seen before. No one. So I would 148  STATE OF ILLINOTS 87th GENERAL ASSEMBLX I REGULAR SESSION SENATE TRANSCRIPT i 123rd Legislative Day June 23, 1992 ask you please to take the staff conferences off ehe Floor, and try to pay attention. If need be, 1.11 clear the Floor, buk let's stay with it. Senator Berman, I'm sorry. I

During the Education Committee hearing, questions were raised by the representatives of special ed students, regarding the language in the bill, and this amendment is to address those concerns. The bill originally provided that every child would be taking a test unless they were exempt, and what this does is reverse that language and provide that every special ed child must provide for the testing in their individual education program. It also extends by another year - to the '94/ '95 school year - the time in which to address those individual education programs; and also provides for development of alternative testing where the IGAP test Would not be appropriate. Be glad to respond to any questions, and I solicit your vote to adopt Amendment No. 1.

Senator Berman has moved the adoption of Amendment No. 1 to House Bill 1890. Discussion? Senator Kelly.

Mr. President, a question of the sponsor.

Sponsor indicates he will yield: Senator Kelly.

Senator Berman, this would require special ed students to be tested. Does this amendment do anything to exempt them, or are you still going to - which I think is ludicrous - give the -- the whole intent of having our students tested in the various grades is to brinq up education for the general education population, not for the special. And I think what you're doing is# you dre losin: a lot because you're goin: to cause a lot of deep problems among the students and the parents of special education students. ! 149  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislakive Day June 23, 1992 i What I would like to know, does this amendment do anything to change the intent on the original bill on that particular issue?

Senator Berman. !

Yes. It -- it reverses the entire language of the original i bill. The original bill had every child undergoing a test. This says, as far as special ed kids, unless their IEP, their Individual Education Program, specifies that they will be tested, they will not be. It reverses the language of the original bill.

Further discussion? If notw Senator Berman's moved the ' adoption of Amendment No. l to House Bill 1890. Further discussion? Al1 in favor: indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. Page 11 on the Calendar, Ladies and Gentlemen. On the Order of House Bills 3rd Reading is House Bill 2755. I Senator Demuzio 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 qranted. On the Order of House Bills 2nd Reading is House Bill 2755, Madam Secretary.

Amendment No. 1 offered by Senator Demuzio.

Senator Demuzio.

Thank you very much, Mr. President. This simply puts in an effectivedate,upon becoming law,and I would move itsadoption. 1 150 ' STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 PRESIDENT ROCK: Senator Demuzio's moved the adoption of Amendment No. l to House Bill 2755. Discussion? If not, a1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted . Are there further amendments? SECRETARY HAWEER ; No further amendments. PRESIDENT ROCK: 3rd Reading. Bottom of page 11. 2767. Senator Dart seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 2767, Madam Secretary. SECRETARY HAWKER: Amendment No. 2 offered by Senator Dart. PRESIDENT ROCK: Senator Dart. SENATOR DART: Thank you, Mr. President. Amendment No. 2 would allow 1aw enforcement agencies to combat the rise in gang activity amongst youths by allowing them to disseminate information that they may obtain. This would clarify that they are allowed to, in facte disseminate that information, and the State Police encouraged this legislation. I ask for its adoption. PRESIDENT ROCK: Senator Dart has moved the adoption of Amendment No. 2 to House Bill 2767. Is there any discussion? If not, a11 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: 15l k  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 3rd Reading. Directing your attenbion to page 13 on the Calendar. Page 13, Ladies and Gentlemen, on the Order of House Bills 3rd Readin: is House Bill 2950. Senator Schaffer seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 2950. Senator Schaffer.

Mr. President, I would move to table Amendments 2 and 3. Amendment 2 was Senator DeAngelis' amendment whàch would apply some of the provisions of this Act to Cook County. Apparently the appropriate authorities have discussed it with him and decided they didn't want that applied to Cook County, or whatever. And Amendment 3 we 'll address with Amendment 4. But I move to table Amendments 2 and 3.

A1l right. Senator Schaffer, having voted on the prevailing side, is moving to reconsider the vote by Which Amendments 2 and 3 to House Bill 2950 kere adopted. All in favor of the Motion to Reconsider, indicate by saying Aye. A1l opposed. The Ayes have it. The Motion to Reconsider prevails. Senator Schaffer now moves ko Eable Amendments No. 2 and 3 to House Bill 2950. l Diseussion? If not, al1 in favor of the Mokion to Table, indicate by saying Aye. A11 opposed. The Ayes have it. The motion carries, and Amendments No. 2 and No. 3 are tabled. Purther amendments, Madam Secretary?

Amendment No. 4 offered by Senator Schaffer. PRESIDENT ROCKJ I Senator Schaffer.

Mr. President, Amendment No. 4 is identical to Amendment No. l52  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 3, with technical corrections suggested by LRB.

Senator Schaffer has moved the adoption of Amendment No. 4 to I House Bill 2950. Discussion? If not, al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's I 1 adopted. Are there further amendments? !

Amendment No. 5 offered by Senator Keats. PRESIDENT ROCK: 1 Senakor Keats. Withdraw? ' Gentleman asks that it be ! withdrawn, Madam Secretary. Further amendments?

l Amendment No. 5 offered by Senator Schaffer.

Senator Schaffer, on Amendment No. 5. :

Mr. President: Amendment No. 5 comes to us from the State's Attorney's Office in Peoria, and it would allow a11 clerks to add special assessments to the sales tax as soon as they become ! delinquent, rakher than waiting two years until the scavenger sale. And it also makes changes in other Sections of the Revenue j Aet regarding to the inelusion of the municipal liens and a tax sale information to mirror the changes -- that we made in House ! Bi11 2947.

Senator Schaffer has moved the adoption of Amendment No. 5 to House Bill 2950. Discussion? If not, al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments? SECRETARX HAWKER: I 1 No further amendments.

l53  STATE OP ILLINOIS 87th GENERAL ASSEMBLY l REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23z 1992 ! : 3rd Reading. Bottom of page l3. 3070. Senator Watson seeks ' leave of the Body to return that bill to the Order of 2nd Reading : for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3070, Madam Secretary.

Amendment No. 2 offered by Senator Watson. !

Senator Watsonz on Amendment No. 2.

Thank you: Mr. President. This amendment takes out the i . : language dealing with the detachment and the filing of petitions at the regional superintendent of schools. We debated this bill E yesterday, took it out of the recordy and we are taking that language out in -- which Senator Schaffer so eloquently opposed . ! 2

Senator Watson has moved the adoption of Amendment No. 2 to House Bill 3070. Discussion? If not, a11 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Are there further amendments? I SECRETARY HAWXER: E No further amendments. PRESIDENT ROCK: ! 3rd Readinq. Bottom of page l3. Senator Dunn seeks leave of the Body to return House Bill 3105 to the Order of 2nd Reading for 1 ! the purpose of tabling an amendment. Leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill ! 3105. Senator Dunn.

Thank you, Mr. President. I move to table the Floor amendment that kas passed earlier.

l54  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Senator Dunn, having voted on the prevailing sider is moving to reconsider the vote by which Amendment No. l to House Bill 3105 was adopted. All in favor of the Motion to Reconsider, indicate by saying Aye. All opposed. The Ayes have it. The votefs reconsidered. Senator Dunn now moves to table Amendment No. l to House Bill 3105. Discussion? If note al1 in favory indicate by sayinq Aye. A1l opposed. The Ayes have it. The motion carries, and Amendment No. l is tabled. Are there further amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCK: 3rd Reading. Page l4. On tbe Order of House Bills 3rd Reading is House Bill 3139. Senator Cullerton seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3139, Madam Secretary. SECRETARY HAWKER: - Amendment No. 2 offered by Senators Keats and de1 Valle. PRESIDENT ROCK: Senator Keats. SENATOR KEATS: As you may remember, this was the bill that had to do with protecting the associate judges in Peoria County and in Cook County. What we've done is shift it from Cook so that this associate will then be elected from the subcircuits as a full circuit judge, when that term becomes vacant, which would be several years down the line. And that was all it does. PRESIDENT ROCR: Senator Keats has moved the adoption of Amendment No. 2 to House Bill 3139. 3139, Madam Secretary. Discussion, on the adoption of the amendment? If note al1 in favor, indicate by 155  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23e 1992 sayin: Aye. All opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. Middle of page 14. On the Order of House Bills 3rd Reading is House Bill 3160. Senator Rea seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted . On the Order of House Bills 2nd Reading is House Bill 3160, Madam Secretary.

Amendment No. 1 offered by Senator Rea.

Senator Rea, on Amendment No. 1. SENATOR REAI Thank you, Mr. President, Members of the Senate. This amendment to House Bill 3160 amends the Illinois Rural/Downstate Healkh Act. County and multi-county boards of health are allowed to establish fees for services or regulatory activities they perform in certain situations. The Department of Public Health may deleqate certain powers to local boards of health and delete cerkain provisionse whieh require county or multi-county health departments to recommend fee schedules to the county board. This is an amendment that is supported by the Department of Public Hea1th and also the Illinois Public Health Association. I would - - I would move for adoption.

Senator Rea has moved the adoption of Amendment No . 1 to House Bill 3160. Discussion? If not, al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments? l56  STATE OF TLLINOIS 87th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

No further amendments.

3rd Reading. Top pag: 15. On the Order of House Bills 3rd Reading is House Bill 3246. Senator Leverenz seeks leave of the Body to return that bill to the Order of 2nd Reading. Is leave granted? On the Order of House Bills 2nd Reading is House Bill 3246: Madam Secretary.

I have no amendments on file. !

Gentleman wishes that it be held on 2nd Reading. 2nd Readinq, Madam Secretary. There it will stay. 3261. Senator Macdonald. On page 15, Ladies and Gentlemen. Middle of page 15. On the Order of House Bills 3rd Reading is House Bill 3261. 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 House Bills 2nd Reading is House Bill 3261: Madam Secretary. ,

Amendment No. 3 <sic> (2) offered by Senator Macdonald.

Senator Macdonald, on Amendment No. 3 <sic>.

Thank you, Mr. President. This amendment is at the request of *he Illinois State Bar Association. It clarifies that a -- a party to a modification of custody proceeding may also obtain a temporary custody order. And it deletes all reference to Section 609.

Senator Macdonald has moved the adoption of Amendmenk No . 3 Qsic> to House Bill 3261. Is there any discussion? If not, a1l in l57  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 favor, indicate by saying Aye. All opposed. The Ayes have it. The amendmentfs adopted . Are there further amendments? SECRETARY HAWKERJ Amendment No. 4 Ksic> (3) offered by Senator Macdonald.

Senator Macdonald, on Amendment No. 4 <sic>.

Yes. This Senate Amendment 4 <sicl makes changes in the Illinois Marriage and Dissolution of Marriage Act to provide the court with discretion to prohibit a coneiliation, mediation or other process that requires the parties to meet and confer without counsel.

Senator Macdonald has moved the adoption of Amendment No. 4 Isic> to House Bill 3261. Is there any discussion? If not, al1 in favory indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

Amendment No. 5 <sic> (4) offered by Senator Macdonald.

Senator Macdonald, on Amendment No. 5 <sic>. SENATOR MACDONALD) Amendment No. 5 <sic> makes ehanges to the Domestic Violenee Act to provide that in circuit court proceedings domestic abuse advocates may sit at the counsel table and eonfer with the victim .

Senator Macdonald has moved khe adoption of Amendment No. 5 Ksic> to House Bill 3261. Discussion? If not, all in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments. 158  STATE OF ILLINOIS 87th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 PRESIDENT ROCK: 3rd Reading. Page l5. Senator Schuneman. On the Order of I : House Bills 3rd Reading is House Bill 3281. The middle of page ! ! l5. Senator Schuneman seeks leave of the Body to return that bill Eo the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd 1 Reading is House 3ill 3281, Madam Secretary. SECRETARY HAWKER: Amendment No. l offered by Senator Schuneman. PRESIDENT ROCK: Senator Schuneman, on Amendment No. 1. SENATOR SCHUNEMAN: Thank you, Mr. President. Amendment No. l has tWo components, really. The first is resurrecting the language that was in Senate I Bill 1909, Which passed the Senate unanimously on May 30th, and apparently has become hung up in the House. That's the language that would create the Producer Controlled Insurer Act. The other issues that are in this amendment are basically housekeeping-type issuese some of which were items of criticism by the Auditor General that the Department was not doing some things that the Statute mandated them to do, even though there': been no request ! ; for that work product. First is one that would eliminate the requirement that the Department of Insurance make rules under the Condominium Risk Pooling Trust Act for standards of coverage and i I administration of such Acts. The public has shown no interest in asking the Department for any of this work, and they Want to be relieved of it. Number two, it would expand the annual statement requirement to companies authorized to do business in Illinois, rather than just those that are actually doing business here. So 1 if a company is authorized to do business in Illinois, the Department can require financial statements from that company. It authorizes payment of out-of-state lodging and travel expenses for l59  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992 financial examiners in order to raise Illinois standards to those required by the National Association of Insurance Commissioners. It would modernize the financial reporting requiremenk for accident and health insurance, permitting them to file their financial reports on diskettes, and also removes the hundred-dollar-a-day penalty for late filing of those reports. And the last thing, it removes the requirement that medical malpractice insurers report on claims payments and reserves, but it retains the authority for the Director to request such information, if it is needed. I'd be happy to try to answer any questions; if not, I move adoption of the amendment.

Gentleman has moved the adoption of Amendment No. l to House Bill 3281. Discussion? Senator Jones. A11 right. Any discussion? If notz all in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Middle of page 15 is House Bill 3282. Senator Carroll seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3282, Madam Secretary.

Amendment No. l offered by Senator Carroll.

Senator Carroll, on Amendment No. 1.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. l tries to deal with the issue of people who have 160  STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 123rd Leqislative Day June 23, 1992 been placed onto the CHIP rolls, but who had previously gotten some type of a settlement in a lawsuit, usually called the structured settlement, whereby their trust funds were to be used for their care and keeping. In many cases, khe trustees then go ahead and place them onto a State -- State-paid-for insurance plan called CHIP, so that they can garner these assets for successor peopler even thouqh the original settlement was to provide the funds for the medical care. The point of this is to say if that's the case, let them use those trust funds first and exhaust those before they raid the State Treasury, and I1d move adoption of Amendment No. 1.

Senator Carroll has moved the adoption of Amendment No. l to House Bill 3282. Disaussion? If not, a1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Are khere further amendments?

No further amendments.

3rd Readin:. Page 15 on the Calendar. 3395. Senator Hall seeks leave of the Body to return Senate -- House Bill 3395 to the Order of 2nd Reading àor purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3395, Madam Secretary.

Amendment No. 1 offered by Senators Smith and Demuzio.

Senator Smith, on Amendment No. 1.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I stand to cancel the amendment on 3395.

161  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Amendment's been wlthdrawn at the request of the sponsor. Further amendments?

No further amendments.

! 3rd Reading. 3410. Senator Philip seeks leave of the Body to I return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of I House Bills 2nd Reading is House Bill 3410, Madam Secretary .

Amendment No. 2 offered by Senator Hawkinson.

Senator Hawkinsony on Amendment No. 2.

Thank you, Mr. President. Yesterday, an Amendment No. l was offered to this bill, which provides that when a car dealer makes an offer of judgment, that the consumer, if he refuses to settle or refuses to accept the offer of judgment, and then goes to Erial and gets no more than the offer, would have to forgo attorney's fees and costs from the time of the offer. Amendment No. 2 attempts to balance the scales on this matter, and provides that a consumer may make an offer to settle the lawsuit, and if the I dealer refuses to acce#t the offer, and the consumer goes on to I trial and gets as much or more than the offer, that the dealer would then have to pay prejudgment interest on the entire judgment from the date of the offer. Welve run this by I Ehink both sides of this perennial issue, and I don't belkeve there's any dispute on this amendment. But it attempts to balance the scale and even up what we did with Amendment No. 1. ;

Senator Hawkinson's moved the adoption of Amendment No. 2 to House Bill 3410. Discussion? If not, all in favor, indicate by I ' l62  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 saying Aye. All opposed. The Ayes have it. The amendment's 1 adopted. Further amendments? SECRETARY HAWKER: ! No further amendments.

! 3rd Reading. Page 16 on the Calendar, Ladies and Gentlemen. i Middle of page 16. On the Order of House Bills 3rd Reading is House Bill 3479. Senakor Carroll seeks leave of the Body to return that bill to the Order of 2nd Readkng for purposes of an I amendment. Is leave granted? Leave is granted. On the Order of I House Bills 2nd Reading is House Bill 3479, Madam Secretary.

Amendment No. 2 offered by Senators Holmberg and Carroll. ;

Senator Holmberg.

Thank you, Mr. President. This amendment simply includes among public radio and television stations eligible for the Comptroller's grant program, those authorized on a program test authority by the FCC, and it's supported by the Illinois Public Broadcasting Council. I

Senator Holmberg has moved the adoption of Amendment No. 2 to House Bill 3479. Discussion? If not, a1l in favor, indkcate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments. I

3rd Reading. Page l6. On the Order of House Bills 3rd Readin: is House Bill 3483. Senator Severns seeks leave of the Body to return House Bill 3483 to the Order of 2nd Reading for purposes of I l63  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 ; l 1 an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3483, Madam Secretary. SECRETARY HAWKER: Amendment No. 1 offered by Senators Severns, Cullerton and Berman. PRESIDENT ROCK: Senator Severns. SENATOR SEVERNS: Thank -- thank you, Mr. President, Members of the Senate. This amendment -- amendment simply permits the State's attorney and the circuit clerk with the approval of the chief judge of the circuit in which khe county is located, ko establish a -- a joint child support collection program. I know no objection, and would urge its adoption. PRESIDENT ROCK: Senator Severns has moved the adoption of Amendment No. l to House Bill 3483. Discussion? Senator Hawkinson. SENATOR HAWKINSON: Thank you, Mr. President. Will the sponsor yield for a question? PRESIDENT ROCK: Sponsor indicates she will yield, Senator Hawkinson. SENATOR RAWKINSON: Senatory in committee this bill originally dealt with having the Collection Agency Act not apply to the collection of child support. And as I understood the discussion in committee, a commitment was made that there would be certain aspects of that Act that would apply and -- and such as physical coercàon and threats and the like and other things that would not apply. As I read this amendment, you're startin: an entire new bill - one that has not been through conmittee. And I Would quote my friend, Senator Welch, when we did this on a Motion to Discharge, that 164 l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 you 're shifting the entire focus of the blll; it's -- it's a whole new process involving the setting of standards by State's attorneys and circuit clerks - somethinq I know of no precedent for. And you're also providing the -- the assignment by some governmental body, I guess, for collection, either to a collection agency or to an assigned attorney, and I'm concerned that we're creating a whole new system here - something that hasn't been through committee, really hasn't been through the rules processz and while I could support your original bill with the amendments that you committed toz I': I rise in opposition to this one.

Further discussion on Amendment No. Senator Severnsy you wish to close?

Senator Hawkinsonz if I could just respond for a moment. The -- what we committed to quite clearly is that some of the provisions of the original amendment were objected to by members of the committee -- on b0th sides of the committee. We have eliminated those with the sense that that language still needs to be resolved and this bill is inevitably going to go to conference. The Circuit Clerk of Court of Cook County would certainly - who brought this language to us - would -- would disagree that it has nothing to do With the original bill. It was because of the original bill that this language was brought forward. The intent is not to start new process, but to try to work out an agreement, as promised in that commiitee, in a conference committee, on the language that we lve currently omitted from this bill.

All riqht. Senator Hawkinson, for the second time. The Lady Was about to close. Senator Hawkinson.

I apologize for rising a second time, Mr. -- Mr. President. 165  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 But as long as we have a commitment that this is going to conference and that this isn't final action, 1'11 withdraw my i objection. PRESIDENT ROCK: j Senator Severns.

You have that commitment absolutely, and I would urge adoption of the amendment.

Senator Severns has moved the adoption of Amendment No. l to House Bill 3483. Purther discussion? If not, a11 in favorz indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Readin4. If I can have your attention, WSSU-FM has requested permission to do some tape recording. Without objection, leave is granted. Page 16 on the Calendar, on the Order of House Bills 3rd Readin: is House Bill 3563. Senator Berman seeks leave of *he Body to return tha: bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted . On the Order of House Bills 2nd Reading is House Bill 3563, Madam Secretary.

Amendment No. 2 offered by Senator Berman.

Senator Berman.

i ' Thank you, Mr. President. This amendment was prepared by the County Clerks' Association. It keeps the purpose and the agreement that we'd previously had, limltin: this bill to the ; 166  STATE OF ILLINOIS l 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Secretary of State's Office. The tWo changes embodied in here is to allow the registration of voters for their specific election jurisdiction or adjacent jurisdictions. We were concerned about the flexibility of that registration if you were in a Secretary of State's Office, and you were at the -- you came in and you lived in an adjacent county or an adjacent suburb, could you still reqister, and this addresses that flexibility. And then it also requires a listing of voter registration and registration transfer - - transactions to be produced in that process. I move the adoption of Amendment 2.

Senator Berman's moved the adoption of Amendment No. 2 to House Bill 3563. 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.

3rd Reading. Page 17. On the Order of House Bills 3rd Reading is House Bill 3598. Senator Davidson seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3598, Madam Secretary.

Amendment No. l offered by Senator Davidson.

Senator Davidson. SENATOR DAVIDSON: ; Mr. President, and Members of the Senate, this is an amendment from the Secretary of State's Office, which would allow the Secretary of State's Office to accept credit or debit cards for payment of any fees due this office. Also provides the State 167 ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23g 1992 could not incur a discount fee for the credit or debit card transaction processing service. Also increases the fee of a returned check, from ten to fifteen dollars. So it Would more equitably show the cost of what the Secretary of State's Office has to do to collect the fee on a nonsufficient fund check that is returned. Move the adoption of the amendment. PRESIDENT ROCK: Senator Davidson has moved the adoption of Amendment No. 1 to ' ' I House Bill 3598. Discussion? If not, all in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendmentls ' ; adopted. Are there further amendments? SECRETARY HAWKER: i I ! Amendment No. 2 offered by Senator Philip. I I PRESIDENT ROCK: Senator Philip, on Amçndment No. 2. SENATOR PHILIP: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 2 would provide -- it Would authorize the Illinois Secretary of Skate to provide U .S. Veteran license plates. It also includes a added fee of fifteen dollars to pay for the special plate, and a two-dollar renewal charge. I move the adoption of Amendment No. 2. PRESIDENT ROCK: E Senator Philip has moved the adoption of Amendment No. 2 to ! House Bill 3598. Discussion? If not, al1 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendmentls adopted. Further amendments? I SECRETARY HAWKER 1 : j i Amendment No. 3 offered by Senator Philip. I PRESIDENT ROCK: Senator Philip, on Amendment No. 3. ' SENATOR PHILIP: 168  STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 I wish to withdraw ikz Mr. President. PRESIDENT ROCK: i Withdrawn at the request of the sponsor. Further amendments?

I No further amendments.

3rd Reading.

PRESIDING OFFICER: (SENATOR LECHOWICZ) On the Calendar, on page l7, appears House Bill 3607. Senator Raica seeks leave of the Body to have that back on 2nd Reading. I I 1 Hearing no objection, leave is granted. Senator Hawkinson has an I amendment. Come on, I can't hear you. Asks to withdraw. Take it out of the record. On page 17 appears House Bill 3610. Senator Savickas. Savickas. On page 17 appears House Bill 3650. Senator Severns. Severns. Read the billy Madam Secretary. Asks leave of the Body to bring the bill back from -- from 3rd to 2nd. Hearing no objections, the bill's on 2nd Reading. Senator Severns, on the amendment. Read the bill.

Amendment No. 1 offered by Senator Severns. I PRESIDING OFFICER i : (SENATOR LECHOWICZ) Senator Severns, Amendment No. 1.

Thank you, Mr. President, Members of the Senate. This is an attempt to meet the federal mandate, the Cash Manaqement Act be ' implemented by the State. The negotiations of a11 parties are still continuing, and I believe that this bill will go to conference before it's resolved: but it's a result of the meetings called by the Intergovernmental Cooperation Commission, and I would urge the adoption of this amendment, so that talks can I ' proceed and that we can meet our federal deadline.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 169  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23: 1992 Senator Severns moves the adoption of AmendmenE No. Is there any discussion? The question is, shall Amendment No. be adopted. A11 in favor, signify by saying Aye. Aye. Opposed. Amendment No. 1 is adopted. Any further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. On page 18 appears House Bill 3695. Senator Berman seeks leave of the Body to bring that bill back from 3rd Reading to 2nd. Hearing no objections, the bill's on 2nd Reading. Any amendments?

Amendment No. l offered by Senator Berman.

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

Thank you, Mr. President. This amendment does three things. It allows school districts to obtain Medicaid reimbursements from the Federal Government for qualified health services provided to students. It allows joint education programs to have greater flexibility in borrowing for monies that are due themr that are past due. And thirdr it allows a negotiated sale for those parcels of a school building in Chicago where there has been a lease as a school building for at least ten years. Move adoption of Amendment No. 1.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? The Lady from Dupagey Senator Karpiel.

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will. 170  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

Senator Berman, the part about selling a school building that's been continually leased for ten years, et cetera, et cetera. That sounds like it's specifically for one area, or one school bukldinq. Could you tell us a little more about that, and why you don't want to go out for bids, or publish notice?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Berman.

The -- the tenant in this particular parcel has used it in a parochial school setting, and they have negotiated on the lease. The -- the many yeazs and investment that they have made into this building, if it's put up for total sale, may undermine the investment that has been put, and displace - or possibly displace - the hundreds of students that have been utilizing this particular parcel. This allows for negotiated sale, as opposed to a -- a published -- published sale. It's only one -- there 's only one that I'm aware of.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Berman moves the adoption of Amendment No. 1. Al1 in favor, signify by saying Aye. Aye. Opposed. Amendment No. l is adopted. Any further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. On page 18 of the Calendar appears House Bill 3707. Senator Schuneman. Senator Schuneman requests leave of the Body to brinq the bill back from 3rd to 2nd. Hearing no objection, 2nd Reading, on 3707.

Amendment No. 2 offered by Senator Schuneman.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 171 ' d STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Senator Schuneman, on Amendment No. 2. SENATOR SCHUNEMAN: Thank you: Mr. President. I think the first order here, Mr. President: should be to table Committee Amendment No. 1. PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman moves to table Committee Amendment -- hearing no objection, Committee Amendment No. 1 is tabled. NoW -- down -- noW it should be Floor Amendment No. 1. SENATOR SCHUNEMAN: Floor Amendment No. 1, Mr. President, is the result of an agreelent in commiktee under which we aqreed that the offense in the bill would be strictly a secondary offense. The amendment also clarifies that vehicles to which the laW apply, would be only those commercial vehicles With a gross vehicle weight ratin: greater than twenty-six thousand pounds. In other words, the radar detector bill will only apply to larger trucks. I would move adoption of the amendment. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman moves the adoption of Amendment No. 2. Is there any discussion? Question is, shall Amendment No. 2 be adopted. All in favor, signify by saying Aye. Opposed. Amendment No. 2 is adopted. Any further amendments? SECRETARY HAWKER: Amendment No. 3 offered by Senators Watson, Topinka, Hawkinson, FaWell, O'Daniel, Leverenz and Holmberg. PRESIDING OFFICER: (SENATOR LECHOWIOZ) SenaEor Watson. SENATOR WATSON: I Yes. Thank you, Mr. President. This amendment is sponsored by myself and Senator Topinka, Hawkinson, Fawell, O 'Daniel, I Leverenz and Holmberg. This deals with two issues. One, the radar detector and the secondary offense, and tbe fact that roadblocks I l72  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 and sobriety test lanes could not be used to arrest someone for the violation of the radar detector. And it also involves khe seat belt violation. Several -- when we -- When we originally passed the seat belt law, I believe that the sponsor here in the I : I Senate, if I recall - I believe it was Senator Chew - said that ' the intent of the legislation will not be that individuals will be arrested solely for a violation of the seat belt law . That Was the ï original intent of the legislation. Unfortunately, some of the 1aw enforcement community have overreacted - as far as I Im @ concerned - and not really followed the letter of the intent of E the law, and had been arresting people for -- for that violation, without really any other reason. So several years ago I E introduced a bill to amend the Act, to make sure that if youdre going to be arrested for the seat belt lawz that it would be a ! E secondary offense. Okay. Well: now the courts have interpreted the language of the law that says that we are using -- that -- ! that's being used now for the secondary offense -- the courts have determined that it precludes, and does not include, roadbloeks. ! So in other words, someonè who is stopped along the highway can be ticketed for a violation of the seat belt law. That was -- is not the intent. That was not the intent. This amendment says that those people will not be ticketed. If theydre stopped ak a roadblock, traffic safety lane, you will not receive a ticket for a violaeion of the seat belt law, or the radar detector. Be glad to answer any questions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion on Amendment No. 3? Looks like there's quite a bit. Senator Cullerton.

Will the sponsor yield?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will. l73  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23: 1992

While we're doing èhis, why don't you throw in drunk drivinge too? Why would you allow the -- the police to have somebody take a Breathalyzer test at one of these roadblocks? In fact, why ' don't you just ban roadblocks, if that's what's bothering you so much? That really is the question. Would you consider putting in drunk driving, too, or are we against drunk driving? !

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson. i

i Certainly not.

PRESIDING OEFICER: (SENATOR LECHOWICZ) Senator Cullerton.

So there's a roadblock, and you drive up to this roadblock, in l ( your truck: without your seat belt on and with your radar detector; they can't -- they can't give you a fifty-dollar ticket ; for not wearing your seat belt, and they can't give you a fifty-dollar ticket for having a radar detector, even though ! they're right, they see that, but they can arrest you for drunk driving, and give you a Breathalyzer test, and you can lose your E license for six months if you're convicted. This is -- this is crazy. We had the bill in committee. The fact of the matter is -- i E is that Senator Schuneman agreed in committee: okay, We dll make it I a secondary offense. So you can't be stopped just because a i police officer sees your radar detector in your truck. But to -- to extend it further, to the concept of -- of roadblocks, it goes to the heart of the question, and your real objection is to the roadblocks. Youlre saying that's -- Ehat's -- that's not a secondary offense. And I Would suggest that you take this issue and put it on another bill and try to ban roadblocks, because -- but to have it apply to this -- this bill would result in absurd l74  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 l i enforcement. I know the State Police is very much opposed to the amendment. I think it's a bad idea. !

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Hawkinson. SENATOR HAWKINSON: ! Thank you, Mr. President. I rise in support of the amendment. I Number one: the commitment was made in committee to deal with this issue, and that's why wedre bringing the amendment now. The bill ! passed out of committee 7 to 5 with some of our votes, and would still be in committee, Senator, if the commitment had not been ' made on this. And quite frankly, IIm surprised at the last i speaker in terms of the roadbloek issue. Our whole system of 1aW enforcement is based, and ought to be based, on probable cause ! requirements before someone is arrested or is otherwise treated as an offender, and the use of the roadblocks to -- to give tickets : of this nature, clearly violates tbe spirit of our system of 1aw enforcement. If the speaker would like to offer the bill to deal with the entire roadblock situationsy he'd probably find a 1ot of support. But this commitment was made in committee and it never Would have got out of committee without it, and I would urge an Aye vote on the amendment. ;

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

Thank your Mr. Presidentg Ladies and Gentlemen of the Senate. Question of the sponsor, Mr. President?

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

Senakor Watson, if I wece stopped on Archer Avenue, where the police usually cordon off to catch DUI and speeders, and I had i l75  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SCNATE TRANSCRIPT 123rd Legislative Day June 23, 1992 ! open alcohol in my vehicle, and I did not have my seat belt on# could the police write me for the seat belt?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.

Under current law, yes; under the proposed amendment, no.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Raica .

Wouldn 't the seat belt be a secondary offense? I had open alcohol in the car. He wrote me for the alcohol, and now you dre telling me he cannot write me for the seat bele? That's a second offense.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson. SENATOR WATSON) If it -- if it is a systematic stop - in other Words, if they lre stopping every third car - and you are not wearing your seat belt, you Will not be ticketed, under this proposal: for a seat belt violation.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Raica.

Well, Mr. President, to the bill: I'm findin: it very hard to believe that, you know, if you -- if you own a radar detector and itls in your vehicle, it's -- technieally it's against the law. If you don't have your seat belt on, youdre technically against the lae. The police offieer stops yous or if you're going through a roadblock: number one, you know you're going through the roadblock; you could be forty cars in a roadblock. If you can't think to put the seat belt on in your car, when youdre the fortieth car being stoppede you definitely are brain-dead, to 176  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 I begin with. Well, my problem is I have open alcohol in the car, I I don't have my seat belt on# and I have a radar detector in khe car. I mean, it doesn't take a brick to hit me in the head to know I got a little problem here. I donît knoW if this is a good I idea or not. I think if it1s against the 1aw to have a radar detector, you know: I've -- Ifve gone through toll booths where ' the State trooper is right there looking at you . Now, is that technieally a roadblock? He's looking for something, Senator Watson. You knoW, I don't knoW what the point of this -- Ifm sure that you do have a good point for this, but this isn't the bill that it should go on. If it's against the 1aW to have the radar , detector and not have your seat belt on, then itfs against the law. I don't think the roadblocks have anything to do with it. PRESIDING OFFICER: (SENATOR LECHOWICZ) : Senator Dudycz.

Thank you, Mr. President. A question of the sponsor. 4

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

Senator: the -- the roadblocks that welre referring *o, how -- What purposes are these roadblocks being performed, as -- as you see them, and -- and how would you explain the police officers overreacting to them?

PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Watson.

Well, they are checking oftentimes for DUI, safety lane inspections: those types of things. That's fine, you know; if they want to do that, they have every right, as far as I1m concerned. But when they start arresting people and really harassing people - as far as I'm concerned - for not wearing a 177  ' ! G' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 seat belt or in this particular case, having a radar detector, I I think is oversteppin: the original intent of the issue. PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Dudycz. SENATOR DUDXCZ: Well, then you explained the reason that the police officers stopped these vehicles is for safety reasonsz then youdre saying, but during the inspectton of the vehicle the police officer notices a violation of the law, and you're telling them that you i wish for them to overlook this violation. I think, you know, if the police offieer is stopping the ear under the roadblock I provisions, he 's doing it for safety reasons, and I don't think that excluding seat belts or -- or the radar detectors is a proper ' way ko :o. They are also dealin: wikh the safety of khe pedestrians and the motorists, as well as their passengers, and I think we should defeat this amendment. i PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Schuneman. SENATOR SCHUNEMAN : Thank you, Mr. President. Well, I rise reluctantly to oppose the amendment. First of all, for -- for those Members who may not be into this bill a11 that much, this bill has nothing to do with banninq radar detectors in every vehlcle in Illinois; i: only applies now to heavy trucks. In committee I made the commitment that we would chançe the bill, so that it would be strictly a secondary offense. In other kords, police could not stop heavy trucks solely to determine whether or not there is a radar dekector in the truck. I made thak commitment to Senator Watsons Senator Hawkinson and others, and we did that. Thatls Whatfs in Amendment No. 1. I oppose this amendment, beeause I think the sponsor is trying to deal really with a different issue here. Heds unhappy with the way the seat belt law has been enforced in l78  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Illinois. And I don't know that he's al1 wrong about that. The only thing I would ask you to consider is that if you put this provision on -- on khis bill, which -- which was introduced at the request of the Secretary of State -- Secretary of State isn't : interested in gettin: into a big fight with the State Police or any other element. What he wants to do is ban radar detectors in heavy trucks. That's the purpose of the bill. If the sponsors want to do what theyfre seeking to do in this -- this amendment, I would respectfully request that they find a different bill to do it, rather than do it on this bill. Now I see Senator Hawkinson's a11 upset about this, but Senator, in my mind -- in my mind - and you and I may differ on this - but in my mind, I've done exactly what I agreed to do in committee. Now you may have read something else inko what we said there, but at no time did I agree to -- to ban roadblocks for the purpose of enforcing seat belt violations. i I That 's entirely something different, and so, based upon the fact 1 that this bill Was intended to do one thing and now is being changed to do something else, I Would respectfully ask that you defeat the amendment.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Hawkinson. Senator Watson, to close. '

Well, I -- I understand and appreciate the previous speaker's concern, but the way I look at it# this is -- the ideal opportune time to address this issùe is When wedre talking about banning or j making it illegal for large trucks to have radar detectors. I think that this is the opportune time to address this particular issue. As I mentioned earlier, When we debated the seat belt legkslation, I remember specifically the sponsor saying that thks i will not be a primary offense, and that's -- the difference is, a ! primary offense is when you stop someone for something other than obviously a secondary offense, of which this is. A secondary 179  P j ' . i STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23e 1992 . offense is -- is the seat belt bill. What's happening out there, and I met with the Director of the State Police and he confirmed this, and by khe way, Senator Raica, I know that you may have a i problem With those people that Won't put their seat belt on when they're at a traffic stop, but we just read two weeks ago where four thousand people Were ticketed in the State of Illinois for not uskng their seat belt while they were in a traffic stop. So there 's those people out there that don't understand what's going on, and the original intent was not to allow this. And I just think it's -- it's an overskepping of the bounds by our law enforcement community to what I call harass the motoring public out there who are law-abiding citizens, but just simply don't want to wear a seat belt or -- or maybe, for whatever reason, don 't have it on at that particular point in time. I think this legislation is -- is good legislation, and I think it should be adopted, and I would appreciate your support for this amendment. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson moves the adoption of Amendment No. 3. Is there any further discussion? If not, those in favor: vote Aye. Those opposed, vote Nay. The voting ls open. Have al1 voted Who wish? Have all voted Who wish? Please take *he record. On this question, there are 28 Kyesz 22 Nays, none recorded as Present, and the amendment's adopted. Any further amendments? SECRETARY HAWKER: No further amendments. PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. On page 19 appears House Bill 3739. Senator Topinka requests leave of the Body to bring the bill back from 3rd to 2nd. Hearing no objections, the bill's on 2nd Reading. Please read the amendment, Madam Secretary. SECRETARY HAWEER: Amendment No. 3 offered by Senator Rigney. 180  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rigney, Amendment No. 3.

Well, Mr. President: before we move into that amendment, I Would like to arise on a matter of personal privilege. I'd like to make an introduction here of some young studenks from Stephenson County, that were winners in an essay contest on the subject of Human Rights Leaders, and these four young people that are back at my desk here are these four winners.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Let's give them a nice warm welcome. Congratulations. Now, Senator Rigney, on Amendment No. 3, please.

On -- on the amendment: What wedre attempting to do here -- there's at least one school district in my legislative district that would like to have the privilege of accumulating some money for the purpose of capital improvements under what's known as the Capital Improvements Fund. This legislation Would allow for that - - for that to be accumulated for up to six years. It can only be done, and I stress, it can only be done with a referendum approval for that capital accumulation.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? Senator Rigney moves the adoption of Amendment No. 3. A11 in favorz signify by saying Aye. Opposed. Amendment No. 3 is adopted. Any further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. Appearing on page 19 is House Bill 3769. Senator Topinka asks leave of the Body to bring the bill back from 3rd to 2nd for the purpose of an amendment. Hearing no objection, the billfs on 2nd Reading. Any amendments? 18l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 I SECRETARY HAWKER: I Amendment No. 3 offered by Senator Topinka.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka, Amendment No. 3. SENATOR TOPINKAI Yes. Mr. Presidentz Ladies and Gentlemen of the Senate, this is an -- an amendment that hopefully resolves the criticisms of Judge Sophia Hall of Cook County, presiding Judge of the Juvenile Division and of AFSCME. It does tWo things: it requires that the private agency or employee of a private aqency to have personal and thorough knowledge of the case in which the appointment is made; it also notes that, if the court finds it's in the best interest of *he minor that DCFS appearv even though DCFS has already designated a private agency to appear from -- for them, nothing in the bill prevents the court from ordering DCFS to appear, and thatls what it does. PRESIDING OFFICER: ' ISENATOR LECHOWICZ) Any discussion? Senator Topinka moves the adoption of Amendment No. 3. All in favor, signify by saying Aye. Opposed. Amendment No. 3 is adopted. Any further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. On page 20 of the Calendar appears House Bi11 3843. Senator -- Senator Welch asks leave of the Body to bring the bill back from 3rd to 2nd. Hearing no objection, the bill's on 2nd Reading. Read the amendment.

Amendment No . l offered by Senator Welch.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch, on Amendment No. 1.

l82  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Thank you, Mr. President. What the -- the amendment is intended to do is to enact agreed language between the Waste industry and the Citizens for a Better Environment. This is language that has been worked out after a bill that passed over from the House Was held in the Rules Committee. What the amendment will do is direct the Environmental Protection Agency to develop and make recommendations by July 1st of 1993 to the Pollution Control Board concerning the performance standards for landscape waste compost facilities and testing procedures and standards for the end-product compost produced by landscape waste facilities. It also directs the EPA to cooperate With the Energy and Natural Resources Department to appoint a technical advisory committee to develop landscape waste recommendations. I'd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion on this amendment? Senator Welch moves the adoption of Amendment No. 1 to House Bill 3843. A11 those in favor, signify by sayin: Aye. Opposed. Amendment's adopted. Any further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. Gentleman from Jefferson: Senator O 'Daniel, What purpose you seek recognition?

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

PRESIDING OFFICER: (SENATOR LECHOWICZ) State your point.

This is a great day for -- especially for Senator Vince Demuzio . He had a very lucky day thirty years ago today - he and Deanna Were joined together in Holy Matrimony. You know, don't 183  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 know how sheîs put up with it, but it Was a great time for Vince Demuzio. Let's congratulate Vince and Deanna.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Congratulations, Vince. Extend our best wishes to the first lady, as well. House Bill -- I'm sorry, on page 20 appears House Bill 3857. Senator Marovitz requests leave of the Body to bring the bill back from 3rd to 2nd for the purpose of an amendment. Hearing no objections: bill's'on 2nd Reading. Do We have any amendments, Madam Secretary?

Amendment No. 1 offered by Senators Marovitz and Lechowicz.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Marovitz, on Amendment No. 1.

Thank you very much, Mr. President and Members of the Senate. This -- this is an amendment which was brought to my attention by Senator Lechowicz. And I think it's a -- it's a wonderful idea, and basically, it amends the looting Statute that says when a defendant is convicted of looting, the court shall impose a sentence of at least a hundred hours of community service, and shall require the defendant to make restitution to the owner of the property looted. It seems to make a 1ot of sense to me. I think getting some of these looters to provide community service would send a very strong messaqe and a very strong sign to others who consider lootinq in the future. don't think there's anything wrong with community serviee, and imposing such a sentence, I think, would be beneficial, and I would ask for adoption of this amendment.

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

Thank you, Mr. President. Will sponsor yield for a question? 184  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

PRESIDING OPFICER: (SENATOR LECHOWICZ) Indicates he Will.

Senator, given the Supreme Court decision yesterday on the effect of the First Amendment on hate crimesz my suggestion might be that you might Want to hold this bill in conference to see if there's any necessary cleanup to salvage our hate crimes Statute, in light of yesterday's decision.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

Senator Hawkinson makes a very -- very good point. There is also a -- a hate crimes bill that's still here and has not passed yet, that we could do the very same thing on, so I think you make a very good point. We do need clarification of that, perhaps, and Would ask for adoption of this amendment.

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

Question of the sponsor.

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

Senator, does this apply to six-, seven-, eight-year-olds? Because if you noticed: that in the last upheaval -- and in most of them you find children looting also - don't even know that they are looting. They just -- someone has broken into a place, they go, and people see things and they pick them up, including kids, and they don 't really see that as looting, and don't know -- mean, does cover children, and...

PRESIDING OFFTCER: (SENATOR LECHOWICZ) Senator Marovitz. l85  STATE OF ILLIHOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

Let me clarify that for you, because it does not apply to kids like you're talking about, because they would be in juvenile court, and they might be #djudçed a delinquent, but they would not be convicted of looting if they were minors. This only applies to those who are convicted of the criminal offense of looting, which would mean that they would not be in juvenile court.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Collins.

Senator, I don 't care whether -- I got sense enough to know that they're goin: to be in juvenile court. That is not my point. My point here is that we -- if we are going to pass a 1aw here, that we ought to make doggoned sure that we're not going to, again, give some poor kids - usually minority kids - a record, because - even in juvenile court - because they Were passing by someplace that had been broken in by some -- some hoodlums or whatever, and they pick up stuff out of this place, too, and caught with stuff. Are these people goin: to be judged as looters? And we -- before we move so fast to do things, and I understand, you know, these politicians have a way of wanting to fix everything, that's -- get a 1ot of attention in the press. But, we don't think all khe time about What it is that wedre doing, and this can be very dangerous to a whole 1ot of people out there. And you can -- you can damage the careers and the lives of innocent children, and -- and some innocent people, too, even like homeless people. picking up afterwards, 'cause Eha*'s what they do. They eat off the streets, they eat out of garbage cans, they eat and they pick up things from wherever they can. It is a place that's been broken intoe and it's there. The police may not show up in many cases until the next day: like on the West Side more recently. They didn't even show up until the next day, so stuff l86  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 y Was just laying there, and homeless people and people picked up ! stuff. That's what I'm concerned about here.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.

I want to clarify something so that nobody misunderstands. This has nothing to do with being convicted of the offense of looting . All this does, Senator Collins, if you are convicted of the offensive of lootingr whicb is already on the books. Welre not putting an offense on the books. All we're saying is, if you are convicted of this offense, which is already on the books, then you'll have community service, as an addition to the penalty. The crime is already there, the penalty is already on the books. We dre adding community service to the penalty. That's all.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Raica.

Thank you, Mr. President. You know, I thought I heard everything now. I -- youdre right -- we ought to give the kids the benefit of the doubt, when they're jumping through a broken Window with glass coming down on them and the gates are pulled off the front, I'm sure they don 't know What they're doing . You knowz people walking out with TVs and stereos, like a two-for-one sale on a Sunday . You 're absolutely right. As long as Wesre asking that question, Senator Marovitz, can you just clarify, you knowz Ehat other bill that we passed regarding the -- the roadblocks. Can you commit a hate crime if youdre in a roadblock?

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

I can't top that. Just ask for an affirmative roll call.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 187  STATE 0F ILLINOIS 87th GENERAL ASSEMBLV i REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Question is -- Senator Marovitz moves the adoption of Amendment No. 1 to House Bill 3857. Those in favor, signify by saying Aye. Aye. Opposed. The Ayes have it. Amendment No. l is adopted. Any further amendments?

No further amendments. :

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. On page 20 appears House Bill 3898. Senator Luft requests leave of the Body to brin: the bill back from 3rd Eo 2nd. Hearing no objections, the bill's on 2nd Readinq. Senator Philip has an amendment. Read the amendment, Madam Secretary. '

Amendment No. 6 offered by Senator Philip. i

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Philip.

Yeah. Thank you, Mr. President, Ladies and Gentlemen of the Senate. What Amendment No. 6 does is amend the quick-take provision in two years and sunset it. Move the adoption of Amendment No. 6. '

PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? The question is: shall -- Senator Philip moves the adoption of Amendment No. 1 Ksic> to Senate -- to House Bill 3898. A11 those in favor, signify by saying Aye. Aye. Opposed. Amendment No. 1 Ksic> is adopted. Any further 1 amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. On page 20 appears 3902. Senator Dudycz asks leave of the Body to bring the bill back from 3rd to 2nd for the 1 purpose of an amendment. Hearing no objections, the bill's on 2nd ; l88  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Reading. Read the amendment, Madam Secretary. ; END OF TAPE I l TAPE 5

...tmachine cutoffl...No. l offered by Senator Dudycz. i ; PRESIDING OFFICER I : (SENATOR LECHOWICZ) I Senator Dudycz.

Thank you, Mr. President. This amendment Was requested and drafted by AFSCME Council 3l. It's technical and it contains i I clean-up language. It is intended to clarify existing law stating I i that any health, accident, hospital or medical plan is subject ko ! continuation privileges for local government employees, even when an employee or retiree is covered by an HMO. The original leqislationg passed back in 1985, stated that HM0 coverage could be continued when a local government employee retired at the retiree's expense. The legislation, however, did not correct cross-referencing to HM0 Act and others such as the municipal, counties and local government codes. And since the passage of the original bills, several local government entities have requested a clarification on HMOs. This legislation has no direct fiscal 1 ! impact on local governments, because if insurance coverage is continued, the retiree must pay the premiums, and I ask for the adoption of Amendment No. 1.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion on Amendment No. 1? Senator Dudycz moves the adoption of Amendment No. 1. Al1 those in favor, l89  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 signify by saying Aye. Opposed. Amendment No. 1 is adopted. Any further amendments?

Amendment No. 2 offered by Senator Schaffer.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schaffer, Amendment No. 2.

Mr. President: this would correct a problem in the Election Code for municipalities, and lndicate that when an area incorporates for the first time inko a new municipality, that the first set of village officials shall be elected at the next election, not the next municipal election. We have a potential -- we have a definite referendum on the ballot this fall in a little town in Lake County called Volo. They want to be able to: if that referendum prevailsy seleet their officers at the next election: which ks in February, ratber than have to wait for the next municipal election. They want to get up and running as quickly as possible. I don't think there's any controversy at all on it.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Any dkscussion? Question is, shall Amendment No. 2 be adopted. Al1 those all those in favor: signify by saying Aye. Opposed. Amendment No. 2 ks adopted. Any further amendments?

Amendment No. 3 offered by Senator Schaffer.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schaffer, Amendment No. 3.

Withdraw.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman Withdraws Amendment No. 3. Any further amendments?

No further amendments. 190  STATE OF ILLINOIS 87th GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. On page 21 appears House Bill 4039. Senator Karpiel. Genator Karpiel asks leave of the Body to bring the bill I back from 3rd to 2nd for the purpose of an amendment. Hearing no objections, the bill's on 2nd Reading. Are there any amendments?

Amendment No. 3 offered by Senator Karpiel.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel, on Amendment No. 3. '

Thank you, Mr. President. Amendment No. 3 adds î'reclaimed i asphalt pavement'' to the definition of ''clean construction or demolition debris'' to be used in -- as fill or in construction or that type of thing. I ask for your Aye vote. I

PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? Senator Cullerton. SENATOR CULLERTON: l Will the sponsor yield? Is asphalt pavement now not considered to be clean?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.

0ne time asphalt was thought to leach toxic materials into the ground, but it has since been found that that is not true and it can be used as a clean fill.

PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Cullerton.

What -- what Act is it that we're amending, so that -- in other words, where would this be used as fill?

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel. I l9l  STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992

Is the question where would this be used as fill? PRESIDING OFFICER: (SENATOR LECHOWICZ) ! Yes, ma'am.

Anywhere. It could be used for construction sites, soil erosion projects, anyplace you'd want to use fill, like concrete is used at the present time.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton? Is there any further discussion on Amendment No. 3? Senator Karpiel moves the adoption of Amendment No. 3. Al1 those in favor, siqnify by saying Aye. Opposed. Amendment No. 3 is adopted. Any further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. On page 21 of the Calendar appears House Bill 4119. Senator Palmer asks leave of the Body to bring the bill back from 3rd to 2nd for the purpose of an amendment. Hearing no objection, the bill's on' 2nd Reading. Senator Palmer, on Amendment No. 1. Read the amendment, Madam Secretary.

Amendment No. 1 offered by Senator Palmer.

PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Cook, Senator Palmer. SENATOR PALMER Thank you, Mr. President and Members of the Senate. This amendment clarifies that participation in the restructured HOME program by participants in the current program is optional. This Was an amendment requested by the Department of Revenue in committee and removes their objections, and I ask for a -- that we pass this. 192  STATE OF ILLINOIS : 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

Senator Palmer's moved the adoption of Amendment No. 1 to House Bill 4119. Discussion? If not, a11 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Purther amendments?

No further amendments. PRESIDENT ROCk: 3rd Reading. Ladies and Gentlemen, that is -- Senator Raica for what purpose do you arise? SENATOR RAIcA: @ ! Mr. President, I don't know if youfre going to be at that point of business, but I would just ask leave of the Body to be withdrawn as sponsor of House Bill 3607, and have Senator Schaffer ! there in my stead, please. ! ! PRESIDENT ROCK: I j i All right. 3607. Page l7. The Gentleman seeks leave to ' Withdraw as chief sponsor and have Senator Schaffer shown as the chief sponsor. Without objection, leave is granted. A1l right. Ladies and Gentlemen, we have concluded the Recall List. We Will now move to the Order of House Bills 2nd Reading for the purpose of taking the bills -- substantive bills that have been ruled exempt. Substantive bills on the Order of House Bills 2nd Reading. I would encourage the Membership, if indeed, you have a House Bill on 2nd Readingr this is the moment. Page 22 on the i Calendar. Page 22. On the Order of House Bills 2nd Reading is I House Bill 1181. Senator Woodyard. Read the bille please.

House Bill 1181. I (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. I I PRESIDENT ROCK: I l93  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Any amendments from the Floor? SECRETARY HAWKER: 1 Senator Woodyard offers Amendment No. 1.

Senator Woodyard.

Thank you, Mr. President and Members of the Senate. This amendment is the agreement between the proponents of the bill and the Illinois State Bar Association, and it Will allow a motion to modify a custodial judgment and a declaration of change of circumstances for any one of the three following: the fact that -- a petition has been filed by the custodian under Section 609 for leave to remove children from the State of Illinois; the custodian has temporarily removed the child from Illinois for more than sixty days; or the custodian has removed the child permanently from the State of Illinois. And that's what the amendment does.

Senator Woodyard has moved the adoption of Amendment No. 1 to House Bill 1181. Discussion? If not, a1l in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

Amendment No. 2 offered by Senator Woodyard.

Senator Woodyard, on Amendment No. 2. Senator Dunn, for What purpose do you arise?

I'm wondering if that amendment's been distributed, Mr. President.

Indicates it has not yet been distributed. Senator Woodyard. ! ' 194  STATE OF ILLINOIS 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

Mr. President. I Would like to move this bill to 3rd Reading , and certainly with the amendment not being distributed, I cannot proceed with that, so I would ask that that amendment be 1 withdrawn.

Amendment's been withdrawn. Further amendments?

No further amendments.

3rd Reading. Senator Geo-Karis, for what purpose do you arise?

Itfs too late now, because I had my hand up earlier, but that's okay. Too late.

Al1 right. 1680. Senator Palmer. 1680. Read the bill, please.

House Bill 1680. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

No Floor amendments.

3rd Reading. Senator Berman. 2433. Read the bill: Madam Secretary, please.

House Bill 2433. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. 195  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : 123rd Legislative Day June 23z 1992 I

E Any amendments from the Ploor?

Senator Berman offers Amendment No. 1.

Senator Berman, on Amendment No. 1. i

Thank you: Mr. President. This is the Legislative Reference Bureau's spring revisory bill. I move the adoption of Amendment No. 1.

Senator Berman has moved the adoption of Amendment No. l to House Bill 2433. Is there any discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. 2434. Senator Berman. Read the bill, Madam Secretary, please.

House Bill 2434. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

No Floor amendments.

3rd Reading. Senator Berman. SECRETARY HAWKER: . Amendment No. 1 offered by Senator Berman. I l96  STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

On 2434. Senator Berman, on Kmendment No.

Thank you: Mr. President. This is also the Legislative Reference Bureau. This is being amended. The intention will be to hold ik kill the fallz so this is a nonsubstantive one-liner amendment. I move the adoption.

Senator Berman has moved the adoptlon of Amendment No. l to House Bill 2434. Discussion? If not, all in favor, indicate by saying Aye. Al1 opposed. The Ayes have The amendment's adopted. Are there further amendments?

No further amendments.

3rd Reading. Bottom of page 22. 2711. Senator Marovitz. Middle of page 24. 2949. Senator Luft. Read the bill, Madam Secretary, please.

House Bill 2949. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Schaffer offers Amendment No. 1.

Schaffer. Senator Schaffer. Senator Schaffer on the Floor? Senator Luft.

Are you sure there is a -- could I have leave to handle the amendment for Senator Schaffer? 197  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 I

! Without objection, leave is granted. Amendment No. 1, Senator Luft.

Mr. President and Ladies and Gentlemen of the Senate, this bill will be amended, hopefully, and sit on 3rd Reading. not to be moved until the fall, if ever. What the amendment does is create the Induskrial Job Recovery LaW. It's very complex, and I just ask for the amendment to be adopted and to sit on 3rd Reading.

Senator Luft has moved the adoption of Amendment No. 1 to House 3ill 2949. Discussion? If not, all in favor, indicate by saying Aye. All opposed. The Ayes have ik. The amendment's adopted. Further amendments?

Amendment No. 2 offered by Senator Luft.

Senator Luft. Senator Luft: an Amendment No. 2.

Well, Mr. President, apparently, Senator Schaffer was supposed to Withdraw his amendment, so having voted on the preceding -- prevailing side, I'd move to table the amendment -- or reconsider the amendment -- which Amendment No. 1 to House Bill 2949 Was adopted.

Didn't we do this a day or so ago? Senaeor Luft, having voted on the prevailing side, is moving to reconsider the vote by Which Amendment No. l to House Bill 2949 Was just adopted. A1l in favor of the Motion to Reconslder, indicate by saying Aye. A11 opposed. The Ayes have i*. The voee's reconsidered. Senator Luft noW moves to table Amendment No. 1 to House Bill 2949. Diséussion? If not, all in favor of the Motion to Table, indicate by saying l98 ë STATE OF ILLINOIS 87th GENEPAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 123rd Legislative Day June 23, 1992 I Aye. All opposed. The Ayes have it. Amendment No. 1 is tabled. Further amendments? i i SECRETARY HAWKER: Amendment No. 2 offered by Senator Luft. PRESIDENT ROCK: Senator Luft. SENATOR LUFT: Thank you, Mr. President. I apologize. I'd ask for the adoption of Amendment No. 2. PRESIDENT ROCK: I Senator Luft has moved the adoptlon of Amendment No. 2 to House Bill 2949. Discussion? If not, a1l in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments? : I SECRETARY HAWKER : No further amendments. PRESIDENT ROCK: 3rd Reading. 2711, Madam Secretary. Bottom of page 22, on the Order of Senate Bills -- House Bills 2nd Reading is House Bill 2711. I i SECRETARY HAWKER: House Bill 2711. (Secretary reads title of bill) i 2nd Reading of the bill. No committee amendments. PRESIDENT ROCK: Any amendments from the Floor? SECRETARY HAWKER: No Floor amendments. PRESIDENT ROCK: ; 1 3rd Reading. 2954. Senator Cullerton. Yes, no or maybe? 2954. 3266. Senator Marovitz. Read the bill, Madam Secretary. SECRETARY HAWKER: l99  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 House Bill 3266. l (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary I offers Committee Amendment No. 1. 1

Senator Marovitz.

Thank you very much, Mr. President. The purpase of House Bill 3266 has always been to ctarify the definition of abuse and neglect. By removing the children who don't belong in juvenile court: the court and DCPS will have more time to work on true cases of abuse. The amendment's the product of work with DCFS and other child welfare groups, like Voices for Illinois Children. DCFS now agrees with the amendment. The paragraph Which gave rise to the fiscal note has been removed, and I believe the problems that have been raised by Senator Hawkinson have been dealt With in the amendment. The amendment also incorporates House Bill 2225. House Bill 2225 requires thak petitions in juvenile court be pled with facts, not just citation to the Juvenile Court Act, and improves service of process. An assistant State's attorney in Champaign County did have some concerns about the bill before the amendment, but because of the amendment, I think those problems have been alleviated.

Senator Marovitz has moved the adoption of Committee Amendment No. 1 to House Bill 3266. Dëscussion? Senator Hawkinson. SENATOR HAWKINSON; Thank you, Mr. President. An inquiry of the Chair. Has this amendmentbeendistributed? j

It's a committee amendment, Senator Hawkinson. i

200  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 It is?

Ik's not ordinary practice here.

Well. Then -- then -- to the amendment -- are there following amendments? The amendment does not at a1l deal with the objections that we had in committee. It was only a first step, and the clerk indicates there's no further amendments. The objection of the Champaign County Statefs Attorney and others were to the bill, as amended. That was just a first step, and I would rise in opposition.

Senator Marovitz.

- - I have been told by the proponents of the legislation that they showed you the amendment. Let's take this out of the record.

Take it out of the record. Wedll go back to 2954, Madam Secretary, and ask you to please -- on the Order of House Bills 2nd Readingy middle of page 24, is House Bill 2954. Read it: please.

House Bill 2954. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue offers Committee Amendment No.

Senator Cullerton, on Committee Amendment No. 1.

Yes. Thank you, Mr. President and Members of the Senate. The committee amendment provides for the State collection of the home 20l  STATE OF ILLINOIS 87th GENXRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23y 1992 ! rule ' county use tax on titled property. Ask for its adoption. j

Senator Cullerton's moved the adoption of Amendment No. 1 to House Bill 2954. Discussion? If not, alt in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopked. Further amendments?

No further amendments.

3rd Reading. Senator Marovitz. 3315. Read the bill, Madam Secretary, please.

House Bill 3315. (Secretary reads title of bill) 2nd Reading of the bkll. No committee amendments.

Any amendments from the Floor?

Senator Marovitz offers Amendment No. 1.

Senator Marovitz, on Amendment No. 1.

Thank you very much, Mr. President. Amendment No. l to House Bill 3315 has been worked out with Department of Children and Family Services regarding CASAS - Court Appointed Special Advocates - to Work in conjunction with the court and the guardian ad litems for the best interest of the child, and I would ask for the adoption of the amendment.

Senator Marovitz has moved the adoption of Amendment No . 1 to House Bill 3315. Discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's 202 ; STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULM SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, l992 adopted. F'urther amendments? SECRETARY HAWKER : No further amendments. PRESIDENT ROCK: 1 3rd Reading. 3374. Senator Cullerton. Read the bill, please. 1 SECRETARY HAWKER : HouseBill3374 . 1 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government offers Committee Amendment No. 1. PRESIDENTROCK: 1 Senator Cullerton: on Committee Amendment No. 1. ' SENATORCULLERTON: j Mr. Presidentz I wish to table Committee Amendment No. 1. PRESIDENT ROCK: Gentlemanhasmovedtotable Committee Amendment No. l to 1 House Bill 3374. Discussion? If not, al1 in favor of the Motion to Table, indicate by ' saying Aye. All opposed. The Ayes have it. The amendmentfs tabled. Further amendments? i SECRETARY HAWKER : I No further committee amendments. I PRESIDENT ROCK: Any amendments from the Floor? I SECRETARY HAWKER : Senator Cullerton offers Amendment No. 2. PRESIDENTROCK: 1 SenatorCullerton. 1 SENATOR CULLERTON: ' Thank you, Mr. President, Members of the Senate. The Floor amendment deletes the House bill, as it passed the House, and it also takes out the matters dealing with limiting the animal control wardens, and it leaves a bill that deals With -- supported 203  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 by the Metro-counties Council dealing with patchwork annexations. Move for its adoption.

Senator Cullerton's moved the adoption of Amendment No. 2 to House Bill 3374. Discussion? If not, a1l in favor, indicate by saying Aye. A1l opposed. The Ayes haze it. The amendment's adopted. Further amendments?

Na further amendments.

3rd Reading. 3385. Senator Berman. Read the bill, please.

House Bill 3385. (Secretary reads title of bi1l) 2nd Reading of the bill. The Committee on Elementary and Secondary Edueation offers Committee Amendment No. 1.

Senator Berman.

Thank you. Committee Amendment No. 1 -- could you rea; ::a .. Q how lon: is that?

The LRB number ends in pkam.

Ohy I'm sorry. Thank you. This -- this amendment is designed to prevent certain areas from dominating a school board. and usually balances representation between urban and rural residentials. The referendum to switch -- to unrestricted at large elections would not -- would need to be approved by a majority of voters in each of the townships. That was -- this is a amendment adopted in committee. I move the adoption of Committee Amendment No. 1. 204  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

Senator Berman's moved the adoption of Committee Amendment No. 1 to House 3i11 3385. Discussion? If not, a1l in favor, indicate 1 by saying Aye. All opposed. The Ayes have it. The amendmentfs adopted. Further amendments?

No further committee amendments.

Any amendments from the Floor?

Senator Berman offers Amendment No. 2.

Senator Berman, on Amendment No. 2.

Thank you. Also in relation to consolidation petitions, this imposes a requirement that unless there is a substantial change in the petition or the school district gets itself into financial difficulty, that there's a two-year limitation for renewal of petitions to consolidate. Move the adoption of Amendment No. 2.

2. Senator Berman's moved the adoption of Amendment No. 2 to House Bill 3385. Discussion? If not, a1l in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Furtheramendments?

1 ' No further amendments.

I 3rd Reading. Bottom of page 24. 3394. Senakor Cullerton. Read the bill, please. I SECRETARY HAWKER: 1 House Bill 3394. (secretary reads title of bill) 205  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 E i 2nd Reading of the bill. No committee amendments. PRESIDENT ROCK: i Any amendments from the Floor?

Amendment No. 1 offered by Senator Cullerton.

Senator Cullerton.

Thank you, Mr. President. This amendment adds an immediate effective date. I move for 1ts adoption.

Senator Cullerton's moved the adoption of Amendment No. l to House Bill 3394. Discussion? If not, a1l in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendmenks.

3rd Reading. Top of page 25. 3445. Senator Berman. Read the bill, please.

House Bill 3445. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Berman offers Amendment No. 1.

Senator Berman.

Thank you, Mr. President. This amendment conforms this bill 206  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leglslative Day June 23, 1992 : to Senate Bill 400, which Was passed out prevkously, dealing with domestic violence. Be qlad to respond to any questions. I move the adoption.

Senator Berman's moved the adoption of Amendment No. 1 to I House Bill 3445. Discusslon? If not, all in favor, indicate by ' saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Senator Cullerton. 3454. Read the bill -- no. Senator Marovitz. 3493. Read the bill, please.

House Bill 3493. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

Senator Marovitz offers Amendment No. 1.

Senator Marovitz, on Amendment No. 1.

Thank you very -- is this the Floor amendment? Okay. Thank you very much, Mr. President and Members of the Senate. Amendment No. l to House Bill 3493 contains clean-up language; provides for reduced fees for the simplified divorce; makes the legislation applicable only to Cook County, but permits other circuits to opt in; requires a verified petition. Basically, that's it. Ask for adoption.

; 207  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 i Senator Marovitz has moved the adoption of Amendment No. 1 to House Bill 3493. Discussion? If not, a1l in favor, indicate by i E saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further amendments.

3rd Reading. Top of page 28. Top of page 28. Senator Tom Dunn. 3633. Read the bill, please.

House 3i1l 3633. (Secretary reads title of bill) 2nd Reading of the bill. No committee anendments.

Any amendments from the Ploor?

Senator DeAngelis offers Amendment No. 1.

Senator DeAngelis. SENATOR DeANGELIS: I yield to Senator Dunn on Ehat amendment.

Senator Dunn.

Thank you, Mr. President. Well, to keep the record straight, I think Senator Cullerton has an amendment and I have an amendment. 1'11 speak to my amendment. This amendment is a result of the Ritual Abuse of Children Task Force...

Hold it. Wait. Wait. Wait. Wait. Wait. Senator DeAngelis, do you wish to withdraw your amendment? There are three separate amendments sittkng up here, with three separate I 208  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992 names. Senator DeAngelis. SENATOR DeANGELIS: I'm sorry. This is my amendment. has nothing to do with the ritualistic abuse amendment that you have. Okay. There were some questions in committee regarding the attempt to commit suicide. What does that mean? This amendment clarifies what ''attempt to commit suicide'' means.

Senator DeAngelis has moved the adoption of Amendment No. to House Bill 3633. Discussion? If not, a1l in favor: indicate by saying Aye. All opposed. The Ayes have The amendment's adopted. Further amendments?

Amendment No. 2 offered by Senators Thomas Dunn, Marovitz and Smith.

Senator Dunn.

Thank your Mr. President. This amendment is introduced at the recommendation of the Ritual Abuse of Children Task Force, created by Senate Joint Resolution No. 20. This amendment is modeled after the Idaho law, and has been adopted by Louisiana, Missouri and Texas. The difference between our Statute and the Idaho 1aW is that we have taken out the Section dealing with cannibalism . To set the record straight for those people Who are not aware of this, What -- what occurs is that a molester of children will devise a scenario that when a child repeats whaE happens to *he particular child, the scenario is so unbelievable that the child's credibility is immediately called into question, and he or she is automatically, almost always, disbelieved because of the tale that he or she tells. This bill goes on to define the list of events that perpetrators use in a particular scenario to discredit the 209  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 children. In these instances, there have been situations where they have faked mutilations or sacrifices of =- of animalss where they place children in graves and association With corpses, and this is a1l done so that when the child does complain to laW enforcement officers, his credibility or hers is immediately questioned. This also has a provision in it for expert testimony, so that when a case like this is prosecuted, the expert WitnesE can testify to the modus operandi of the perpetrator. This is a recommendation of the committee, and we ask for your support in the amendment.

Senator Dunn has moved the adoption of Amendment No. 2 to House Bill 3633. Discussion? Senator Dudycz.

Just a brief question of the sponsor, Mr. President.

Indicates he will yield. Senator Dudycz.

Under ritualized abuse of a child, you have the ceremonye rite or similar observance; you have in there forces ingestion of animal flesh. Now there are some religions of this world that use the food in their religious ceremonies. Would this exclude those activities? And -- I notkced you put in excluding food preparation. I just want to know if these religious ceremonies that include food ingestion are they excluded from this provision?

Senator Dunn.

Thank you, Mr. Preskdent. Well, Senator, I think -- I think the answer is Yes to your questione and really can't think of a scenario where a true religious ceremony would involve the 210  STATE OF ILLINOIS ; 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 1 123rd Legislative Day June 23, 1992 abuse of a child. You have to have the abuse of a child with this. .

I Further discussion? If not, Senator Dunn's moved the adoption of Amendment No. 2 to House Bill 3633. A1l in favor, indicate by l j saying Aye. All opposed. The Ayes have it. The amendment's ! adopted. Further amendments?

Amendment No. 3 offered by Senator Cullerton.

Senator Cullerton.

Thank you, Mr. President. Currently, inducement ko commit suieide is a Class 2 felony if the other person actually commits suicide. What this bill does is to make inducement to commik suieide a felony if the other person attempts and fails to commit suicide. We're saying that when they attempt and fail, the penalty ought to be a Class 3 felony. And I believe this Was -- was agreed to in committee by the sponsor of the bill, so I move for its adoption.

Senator Cullerton's moved the adoption of Amendment No. 3 to House Bill 3633. 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.

3rd Reading. 3638. Senator Cullerton. Read the bill, please.

House Bill 3638. 2l1  I STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 (Secretary reads title of bill) I l 2nd Reading of the bill. The Committee on Public Health: Welfare 1 1 and Corrections offers Committee Amendment No. 1. ! ! I PRESIDENT ROCK: I Senator Cullerton, on Committee Amendment No. 1. l I SENATOR CULLERTON) Thank you, Mr. President and Members of the Senate. Committee Amendment No. l made the bill a shell, the purpose of which is to put the bill in a conference committee so we can resolve the negotiations between the Realtors and the lead prevention folks. I move for its adoption.

Senator Cullerton's moved the adoption of Amendment No. l to House Bill 3638. Discussion? If not, all in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?

No further committee amendments.

Any amendments from the Floor?

No Floor amendments.

3rd Reading. 3rd Reading. 3807. Senator Berman. 3882. Senator Munizzi. Read the bill, please.

House Bill 3882. (Secretary reads title of bill) 2nd Reading of the bill. No comnittee amendments.

Any amendments from the Floor?

i 212  STATE OF ILLINOIS 87tREGULAR h GENERAL ASSEMBLX SESSION 1 SENATE TRANSCRIPT ! 123rd Legislative Day June 23, 1992 Senator Marovitz offers Amendment No. 1. I

Senator Marovitz, on Amendment No. 1.

This -- this amendment is drafted to take care of certain annuitants tbat have been hit hard by the budget cuts by the Board of Education, and this will restore a small part of that subsidy. Approximately four million dollars was cut, and this amendment ! will restore up to a million dollars for about seven thousand j ! annuitants and widows who were hit by the budget cuts by the Board I I of Education, and this will restore about a million dollars for the widows hit by those budqet cuts. E

Senator Marovitz has moved the adoption of Amendment No. l to House Bill 3882. Senator Munizzi.

Thank you, Mr. President. I would oppose the amendment at this time. It would cost the State a million dollarsz and it's something that we really don 't have right now. I'd ask for your opposition.

Further discussion on Amendment No. 17 If note a11 in favor, indicate by saying Aye. A11 opposed. The opinion of the Chair the Noes have it. The amendment fails. Are there further amendments? Amendment No. 2 offered by Senator Munizzi.

Senator Munizzi.

Thank yous Mr. President. This amendment just changes the effective date of the bill as it stands, which authorizes school boards to develop and implement recycling programs. It changes the date -- the effective date to July l of 193: and I ask for 213  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23y 1992 ! your adoption. I PRESIDENT ROCK: , Senator Munizzi has moved the adoption of Amendment No . 2 to House Bill 3882. Discussion? If not, a11 in favor, (ndkcate by saying Aye. All opposed. The Ayes have it. The amendment's 1 ; adopted. Further amendments?

No further amendments.

3rd Reading. 3884. Senator Cullerton. 3986. Senator Dart. Read the bill, please.

House Bill 3986. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Any amendments from the Floor?

No Floor amendments.

3rd Reading. 4124. Senator Severns. 4160. Senator Severns. Okay. A11 right. Ladies and Gentlemen, we have effectively gone through 3rd and 2nd Reading. There's been a request to go to the Order of Motions in Writing. If I can turn your attention to page 39 on the Calendar. If I can turn your attention to page 39 on the Calendar. This is the last day for consideration of motions to place a bill on the Order of 2nd Reading. So we will honor the requests of the Members. Motion in Writing, kop of page 39, Ladies and Gentlemen. These motions will require 30 affirmative votes. Motion in Writing with respect, Madam Secretary, to House Bill 1516. Read the motion, please.

2l4  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992 We move to Waive all applicable rules to discharge the Committee on Rules from further consideration of House Bill 1516, and that the bill be placed on the Calendar on the Order of 2nd Reading. Piled by Senators Jones and Madigan.

Senator Jones.

Yeah. Thank you, Mr. President. I've checked with the minority spokesperson, and this piece of legislation is is a bill dealing With HMO organization and ik's a bill khat is needed. It has been an agreement reached as relate to this subject matter, and I ask for a favorable vote on this motion.

Further discussion? Senator Madigan.

Thank you, Mr. President. I just Wanted to join Senator Jones and concur in his request, and I Would ask favorable consideration.

A11 right. Senator Jones has moved to discharge the Committee on Rules with respect from further consideration of House Bill 1516, and asks that the bill be placed on the Calendar on the Order of 2nd Reading. Those in favor of that motion Will vote Aye. Opposed, vote Nay, and the voting is open. A1l voted who Wish? Have a1l voted Who Wish? Save all voted who wish? Take the record. On that question, there are 48 Ayes, no Nays: none voting Present. The motion prevails, and House Bill 1516 is ordered to the Calendar on the Order of 2nd Reading. Therefs a further Motion in Writing with respect to House Bill 3032. Madam Secretary , read the motion, please.

2l5  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislakive Day June 23, 1992 I move to discharge the Committee on Rules from further I consideration of House Bill 3032, and that the bill be placed on the Order of 2nd Reading. ! FiledbySenatorHoWardBrookins. t PRESIDENT ROCK: Senator Brookins. i SENATOR BROOKINS: ! Thank you, Mr. President. This bill deals with a bill we have dealt with for years and have passed out of this House. Deals ' with Buy Illinois -- buy the steel and help our economy. And I think ik's very much needed at this time, and I ask for a I favorable vote. ( ' PRESIDENT ROCK: The Gentleman has moved to discharge the Committee on Rules from further consideration of House Bill 3032, and asks that the I bill be placed on the Calendar on the Order of 2nd Reading. j Discussion on the motion? Senator Hudson. SENATORHUDSON: Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. 1 i I think this bill was held in Rules Committee for a good reason. It is a measure known as the Buy America. It has a patriotic ring to it. Wetve diseussed it, Welve debated it before on the Floor of this Chambery but the bill isn't any better now than it was When it was defeated earlier. I think the proper place for the bill is right where it is. With a11 due respect to my good i friende Senator Brookins--Ilovehim,butnonetheless,Iwould 1 urge you, Ladies and Gentlemen,to consider keeping this bill in l Rules Committee. That's Where I believe it belongs, and I hope ! i that some of you will too, and will vote accordingly. I I PRESIDENTRocK: j Further discussion on the motion? senator Rea. SENATOR REA: i 216 I  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Thank youz Mr. President. I rise in support of the motion. I think this is an issue that does need to be dealt With. IIm sure it was probably overlooked in the Rules Committee, and is one that should come before this Senate. I would ask for an Aye vote.

Further discussion on the motion? Senator Brookins, to close. I'm sorry. Senator Butler, you Wish to be heard on this? Senator Butler.

Thank you, Mr. President. I guess -- I Would guess that anything could be said about this bill has been said before. I just want ko point out the fack that, in most casesz this is going to increase the cost to the State of Illinois. And secondly, it puts a burden on the State to show - or at least to discover where the content -- the content of the product ackually was made. I think it's a burden on the State and -- we -- and I don't think it will have a great deal to do with eikher producing jobs or reducing jobs. It's just -- it's a showcase -- a show bill, and I don't think -- I think it should stay in Rules.

Further discussion on the motion? Senator Brookins may close.

We have passed this bill out of here and sent it to the Governor's Offîce, and I think that at this time in history, When the State of Illinois needs every man and work -- every man and woman working in *he labor marke*, thak itds time now that we pass this bill and send it on, so that we can employ and work the people and the citizens of the State of Illinois. So I ask for an Aye vote.

All right. Senator Brookins has moved to discharge the Committee on Rules from further consideration of House Bill 3032, 2l7  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day ' June 23# 1992 I and asks that the bill be plaeed on the Calendar on the Order of I 2nd Reading. Those in favor of that motion Will vote Aye. I Opposed will vote Nay, and the voting is open. Have all voted who i wish? Have a11 voted Who Wish? Have all voted Who Wish? Have i al1 voted who wish? Take the record. On that question, there are 33 Ayes, 21 Nays, none voting Present. The mobion prevails, and the bill will be ordered to the Catendar on the Order of 2nd Reading. A1l right. Ladies and Gentlemen, if you could just skand at ease for a moment, we have an additional Recall List coming out to accommodate some late amendments by our Members: and then we will have effectively concluded our business for today. Senator Carroll, do you wish to again make the announcement, please? Senator Carroll.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The request of -- at the request of Helen Howlett, Mrs. Michael J. Howlett, there will be a special Mass today at the Immaculate Conception Church on 6th and Lawrence, at 5:00 p.é. Helen and the rest of the family invite all Members of the Senate to participate in the Mass, and we Would appreeiate those of you Who could attend, please attending.

Senator Di Turiv for What purpose do you arise?

Point of personal privilege.

State your point, please.

Thank you, Mr. President. Last Tuesday,theSenatestaff 1 ; baseball team - that's a11 our staff here - won 15 to 5. Tonight I they 're playin: at Knights Action Park again, so We could use your supportoutthere. TheSenatestaffwonlastTuesday:15ko5. 1 2l8  STATE OF ILLINOIS 87th GENERAL ASSEMBLX I REGULAR SESSION I SENATE TRANSCRIPT l 123rd Legislative Day June 23, 1992

Resolutions. SECRETARY HAWKER: 1 Senate Resolution 1433 offered by Senator Watson. Senate Resolution 1434 offered by Senator Madigan. Senate Resolution 1435 offered by President Rock and al1 Members. 1 Senate Resolution 1436 offered by Senator Smith. And Senate Joint Resolution 176 offered by Senators Geo-Karis ' and Philip . Theyfreallcongratulatoryanddeathresolutions.

1 I Consent Calendar. A1l right. Ladies and Gentlemene I'd ask you just to stand at ease for a moment while wefre awaiting the Recall List. Any other Members have amendments they Wish to file or wish to have Senator Geo-Karis read, please get them to the desk. (KT EASE) (SENATE RECONVENES)

All right. Ladies and Gentlemen, you have before you, the Secretary informs the Chair, a list of the additional Recalls. Couple of these Were on prior lists, so it should not take very long. We can handle this with dispatch, and conclude our business very shortlyz and we will reconvene here tomorrow morning at ten o 'clock. The Chair will note that the only ones here at nine o 'clock were me and Senator Hawkinson. So wedve -- we've got 2l9  STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23: 1992 until ten o'clock tomorrow morning. You were not here at nine ' o'clock, Aldo. Think nine and show up at ten. Hopefully I : kt's 1 getting shorter. A1l right. If I can direct your attention to page 13 on the Calendarv On the Order of House Bills 3rd Reading t is House Bill 2927. Senator Severns seeks leave of the Body to returnthatbIs amendment. kllleave tothgranted? e0r6eïofLeave 2ndRe adingfor purposes of an is granted 1 . On the Order of House Bills 2nd Readkng is House Bîll 2927: Madam Secretary.

Amendment No. 1 offered by Senator Severnsr President Rock and Senator Raica .

Senator Severns.

Thank you, Mr. Presidente Members of the Senate. This amendment makes some ehanges to the family leave bill, which I hope will finally afford us the opportunity to see khis bill move forward and be placed into law. The changes, specifically, in this amendment, would raise the original threshold - not original: but the threshold that currently exlsts in House Bill 2927 - from fifty employees to onehundred employees. Specifically,what it t does àn doing that, is cover, instead of sixty-five percent of the workingpopulationor2.8millionpeople, it covers fifty-three ( percent of the working population, or 2.3 million people. But it's a compromise that I believe at least affords 2. 3 million t people the opportunity to have this policy in place, or fifty-three percent of the work force . Furthermore, it also provides an income tax credit equal to any additional unemployment insurance costs incurred by the enployer as a result of this Act. t ; Now the track record has been, quite simply, that additional unemployment insurance costs have not been incurred , because in t most instances, the employers do not hire a temporary employee ko 220  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 1 replace a permanent employee. I think it's a responsible compromise. I think it's a win-win agreement for both employees and employers of this State, and I would urge adoption of Amendment 1 to House Bill 2927.

A11 right. Senator Severns has moved the adoption of Amendment No. l to House Bill 2927. Discussion? Senator Rea.

Question of the sponsorv please?

Indicates shedll yield, Senator Rea.

In -- in coming forth with this amendment, who a11 was involved in the negotiations to -- and who has agreed to this? PRESIDENT ROCK; Senator Severns.

Quite bluntly, I was approached Friday evenin: by some members of the Illinois Manufacturers' Association who said that With this amendment, they could support the bill. In addition, 1 contacted the women 's organizations that have been supportive actively for a long time wikh the Family Leave Act, over the weekend, to see if they could be also agreeable to this. They said they were, and that's how this came about.

Senator Rea.

What about -- I -- I know this has been a -- a movement that has been made by labor for quite some time, and a great interest of labor. Has labor played a role in this? Have they been at the negotiations table, and have they been a part of itz as Well as a component? 221  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 123rd Legislative Day June 23, 1992 PRESIDENT ROCK: : Senator Severns.

The meeting that took place last night - the only meeting among the sponsors - included only the IMA, who said with this amendment, they would be supportive of the bill.

Further discussion? Senator Hudson.

Thank you, Mr. President. The time for debate on the bill - the substance - probably isn't now, but I would ask the sponsor if she would yield.

Sponsor indicates she will yield, Senator Hudson.

ïou've mentioned -- Senator Severns, youdve mentioned the IMA, and apparently their willingness to go along. Can you speak at the same time for the Management Association of Illinois? Where do they stand, at this point?

Senator Severns.

I've not been advised of that: Senatory so I don't know What the answer to that is.

Senator Hudson.

I am informed that they are still in opposition, and will remain so, as far as I know.

Further discussion? Senator Watson.

222  STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23# 1992 Yes. Thank you, Mr. President. Question of the sponsor.

: Indicates shelll yield. ;

Senator, I quite frankly didn't hear al1 your explanation, so if I'm repeating something, I apologize, but -- does this -- do I ; understand correctly that the -- the business community now will be able to deduct the unemployment compensation costs now off of their State taxes? Is that part of this provision?

Senator Severns.

Senator Watson, if an unemployment insurance cost above and beyond the regular cost is incurred because they replace an employee wikh a temporary employee, they will be able to deduct -- to deduct that. Quite simplyr as one who is always concerned about any fiscal implication of any measure that we take, the track record has suggested - at least by the most recent study that was released - that eighty-fàve percent of the companies participating in the four states that Were surveyed, that additional UI cost did not exist. The information that we dve received is that it's impossible to predict, really, without having a family leave policy in place in Illinois, what any such cost would be# except that it would be negligible.

Senator Watson.

Well, it's my understanding that -- that these people will be voluntarily leaving. As a result, how would there be anyone , eligible for unemployment benefits if they have voluntarily left for family leave?

223  I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23e 1992 Senator Severns.

In those rare instances, and at least from the states that have this policy intact, those instances are rare When a company chooses to temporarily replace an individual -- temporarily replace an individual who has opted for family leave. Those instances are rare. Most companies simply make do with their existing work force.

Further discussion? Senator Watson.

HoW will this impact their experience rate? HoW Would their experience rate be impaeted? In other wordse when somebody draws unemployment, the rate that that employer pays goes up as the number of people that are eligible to -- to -- there's a cap, but, would thàs impact their experience rate?

Senator Severns.

The amendment is silent on that issue, Senator. Again, just because the experience has not been demonstrated in states -- diverse states that have these policies on the books, the track record suggests that any such effect is negligible.

Further discussion? Senator Butler.

Thank you, Mr. President. A question.

Indicates she will yield, Senator Butler.

Thank you. Senator, it seems to me this will result in a net cost of some size to the State, if it is an income tax credit. Am 224 : !  STATE 0P ILLINOIS i 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23e 1992 I right? i

Senator Severns.

The possibility exists that the income tax credit could, in fact, have some cost to the Stake. But -- but the measurements that already exist suggest that the failure to have such a policy in place is already costing the State to the tune of thirty-eight million dollars.

Senator Butler. Senator Schuneman.

Question of the sponsor: Mr. President.

Indicates she will yield, Senator Schuneman.

Senakor, I'm curious in getting an answer to the question posed by Senator Watsonz Which you did not answer. His question, as I understood it, is that if someone leaves their job and it becomes an unemployment claimr how can they claim benefits if they have voluntarily left their job?

Senator Severns.

Perhaps the reason, Senator, that it seems confusing is because it is noE that employee who has voluntarily left the job that the potential added UI cost is caused by. It's by a neW temporary employee that might be hired to cover the duties of the individual who has temporarily left the job.

Senator Sehuneman.

I 225  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Wellz but as I understand the -- the current unemployment law, leaving to care for some other family member is not necessarily a - - an accepted reason for leavin: employment.

Senator Severns.

Does this -- does this change the -- the law in some way?

Senator Severns.

Again, Senator, What youlre talking about is the replacement Worker. Any cost incurred by that replacement worker can, under this amendment, be deducted from the Illinois tax.

Senator Schuneman.

Okay . So what you're talking about is the salary paid and the benefits paid to the replacement worker. Is that correct?

Senator Severns.

Whatever salary and benefits might existz if any UI benefits are incurredy due to the replacement worker being hired because the permanent worker -- taking unpaid leave due to this Act -- those benefits can be deducted.

Further discussion? Senator Jacobsp on this amendment? Senator Jacobs.

Thank you: Mr. President. Woukd the Senator yield for a question?

226  STATE OP ILLINOIS 87th GENERAL ASSEMBLY ; REGULAR SESSION SENATE TRANSCRIPT I I 123rd Legislative Day June 23, 1992 Indicates shedll yield.

Senator, I have a couple of them. Number one, if the cost is ( - - is neqligibler then Why Would the IMA Want this bill? Why . would they want this amendment? What -- What did they -- they give up? If the cost is negligible, what did they give up? What did they 9et7

Senator Severns. Senator Severns.

Thank your Senator Jacobs. I think sometimes the fear of the unknown is -- plays into decisions, and their fear has long been that, contrary to the demonstrated track record across the United States, that those costs might be higher then neqligible. The simple facts remains that that has not been proven with the track record that has been demonstrated in the states that have such policies on the book.

Senator Jacobs.

And then finally, the two questkons in one. Where does labor i stand on this issue, and how do we justify reducing - according to our analysis, anyway - by a half million people, the people that are being replaced -- or not being covered by this bill under this amendment?

Senator Severns.

I'm advised by the President of the AFL-CIO that, although they've been long in support for family leave, that they are opposed to this amendment. In terms of how do We validate movin: from fifty to a hundred employees, which in effect, has the impact 1 227  I STATE OP ILLINOIS 87th GENERAL ASSEMBLX I REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 of covering 2.3 million or fifty-three percent of the work force versus 2.8 million: or sixty-five percent of the work force, it seems to me that any policy that we can adopt in this Chamber that might afford fifty-three percent of the Work force a better policy in place is worth considerinq. And I've worked long on the hope and view that half a loaf: or three quarters of a loaf, ks better than none. PRESIDENT ROCK: ' Question is the adoption of Amendment No. l to House Bill 2927 . ! A1l in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments? i

Amendment No. 2 offered by Senator Jacobs. ;

i Senator Jacobs. SENATOR JACOBS: : Thank you, Mr. President, Ladies and Gentlemen of the Senate. This basically is a follow-up amendment. There was some concern ' that the retail merchants were not covered under -- under this bill, and we have asked to introduce some legislation which would take care of some of their concernsy because of the -- the -- most of them beinq small -- small business people under that number or - - excuse me, many of them being over that numberz they -- they look to -- to take the key employees, and ask that this Act not apply to the top ten percent of employees at any work locationz based upon ranking by position, where the employees' absence would cause economic hardship on the employer. I -- I don't really see where it's that earthshaking, and would like to see it added.

Senator Jacobs has moved the adoption of Amendment No. 2 to House Bill 2927. Discussion? Senator Geo-Karis.

228  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 Will the sponsor yield for a question?

Indicates hedll yield.

I'm -- I1m sorry, Senator Jacobs, I wasn't able to hear your explanation of your amendment if youdll just give me a thumbnail sketch of it.

Senator Jacobs.

Just provides that the top ten percent of employees at any work location, based upon rankinç by position, where that employeels absence would cause an economic hardship on the employer -- those employees would not be covered under this Act.

Furkher discussion on Amendment No. 2? Senator Severns.

Thank you, Mr. President and Members of the Senate. I rise simply to voice my concern at this amendment. We just adopted an amendment which virtually cuts in half <sic> the -- the amount of employees a company must have to have a family leave policy in place, if adopted, and this amendment starts the process of chewing away at -- at even that number of employees who would enjoy this benefit of unpaid leave, in a family in medical crisis situation. I would urge a No vote.

Al1 right. Senator Jacobs has moved the adoption of Amendment No. 2 to House Bill 2927. A1l ln favor, indicate by saying Aye. Al1 opposed. Nays have it. The amendment fails. Further amendments? Purther amendments?

No further amendments. 229  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992 . l

3rd Reading. 2924 Ksic> (2994). 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 House Bills 2nd Reading is House Bill 2924 Ksic> (2994), Madam Secretary. i

Amendment No. l offered by Senators Collins and Smith. PRESIDENT ROCK: ! Senator Collins. SENATOR COLLINS: 1 Thank you, Mr. President and Members of the Senake. Amendment No. l is simply -- makes stylistic changes in the bill. It is an effort to get the bill into conference committee, until such time we can resolve the budget issue. And I'd move for its adoption.

Senator Collins has moved the adoption of Amendment No. l to House Bill 2924 <sic> (2994). Discussion? If noty a1l in favor, kndicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments? SECRETARY HAWKER: . No further amendments. PRESIDENT ROCK: i 3rd reading. Bottom of page 13. 3105. Senator Thomas Dunn seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendmenk. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bil1 I 3105, Madam Secretary.

Amendment No. 2 offered by Senator Demuzio.

Senator Demuzio. 230  STATE OF ILLINOIS 87th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day June 23, 1992

Thank you very much: Mr. President. I appreciate Senator Dunn ; bringing this bill back to the Order of 2nd Reading. This simply I adds an amendment that would add the words Mississippi River. Has ; no kmpact whatsoever to the City of Chicago, but what it, in fact, will do -- will provide for a small water district down in my area, the opportunity to take advantage of the same municipal joint action water agency criteria that is being applicable to al1 of those that are currently on the -- on -- on Lake Michigan. So I know of really no opposition, and would ask for approval.

Senator Demuzio's moved the adoption of Amendment No. 2 to House Bill 3105. Discussion? If not, a11 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted . Are there further amendments?

Na further amendments.

3rd Reading. 3607. Senator Raica seeks leave -- no. 3610. Senator Savickas. 3630. Page l7. Senator Cullerton. 3630. Yes. No. Kaybe. Yes. Seeks leave of the Body to return that bill to I the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3630, Madam Secretary.

Amendment No. 1 offered by Senator Cullerton.

Senator Cullerton. Senator Cullerton.

Yes. Thank you, Mr. President and Members of the Senate. This amendment reflects an agreement between khe Retail Merchants and the Community Bankers, allowin: for bankers to issue checks which 23l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12316 Legkslative Day June 23y 1992 in some cases don't begin with number 101, and I would appreciate an Aye vote.

Senator Cullerton's moved the adoption of Amendment No. l to House Bill 3630. Discussion? If not, al1 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendmenks?

No further amendments.

3rd Reading. Resolutions.

Senate Resolution 1437 offered by Senator Ralph Dunn. It is congratulatory .

Consent Calendar. A11 right. Any furkher business? Announcements? Any further business to come before the Senate? Don 't forget the Michael J. Howlett Memorial Mass at Immaculate Conception, at the hour of five olcloek. If there is no further business, Senator Vadalabene moves that the Senate stand adjourned till Wednesday , June 24th. Tomorrow, at the hour of ken o'clock a.m. Senator DeAngelis and 1 will be here at nine. The resk of youz please, by ten. Thank you. Senate stands adjourned. 232 REP0RT : TIF'L!)AY STATE GF ILLINGIS 93/07/09 PA.G6 : *:313t BTTH GENERAL ASSEMBLY 08:5413* SENATE OAILY TRANSCRIPTIDN OF DEBATE INDEX JUNE 23. 1992 HS-0l09 THIRD READING H3-0110 THIRD READING HB-Gt12 THIRO READING H3-0230 THIRD READING HB-07O7 THIRD READING H3-11t6 THIRD READING H8-1:29 THIRD READING HB-1t3k SEEOND READING 83-1495 THIRD READING HB-l50# THIRD READING HB-1516 MOTION H6- 168Q SECOND READING HB- 1852 RECALLED 83-1890 RECALLEO HD-20l& RECALLED H8-2*33 SECOND READING HB-2#3# SECONO READING H3-2#&7 THIRO READING HB-2G9# THIAD READING H8-2699 THIRD READING Hb-27UO THIRD READING HB-271t 0UT OF RECORD R3-271# THIRD READING H8-2723 RECALLED H8-2755 RECALLED 88-2758 QUT 0F RECORD H3-2;&7 RECALLED H8-2767 RECALLED H8-2799 THIRD READING H8-232# THIRD READING H8-2831 THIRO READING 8:,-2833 THIRD READI/IG HB-283# THIRD READING H8-2927 RECALLEO H3-29*9 SEEGND REABING 88-2950 RECALLED H8-2';5* SEGOND REâDING 88-2987 0UT SF RECORD 88-299# RECALLED 85-2996 THIRD REJDING H3-3029 OUT OF RECORD 83-3032 X0T1ON H8-3070 RECALLED HB- 3083 THIRO READING HB-3105 RECALLED H8-3105 REQALLED H8-3125 THIRD READING H8-3139 RECALLEO /13-3160 RECALLED H8-3182 THIRD READING HB-31:5 REEALLED H8-3199 THIRD READING HB-32k0 THIRD READING H8-3246 HELD ON SECOKD 82-32*6 RECALLED H8-326: RECALLED 85-3266 0UT OF RECORD 80-3269 THIRD REAOING HB-3281 REGALLEO H8-3282 RECALLED H3-3315 GEZOND READING H8-3335 THIRD READING 83-3371 SECOND READING 88-3385 SECOND READING REPORT: TIFLDAY STATE 0F ILLINOIS 93/Q7/:9 PâGPI *002 87TH GENERAL ASSEMBLY 0d:51:3# GENATE DAIL Y TRANSCRIPTION OF DEBATE INDEX JUNE 23, 1992 83-339# G6LOND READING H8-3395 RECALLED H3-3408 THIRD READIRG H3-3#t0 RECALLED H8-3*35 THIRD READING H3-3*3T RECALLED /:-34#5 SECOND REAOING 83-3*79 RECALLED H:- 3#83 RECALLED H8-3#93 SECOND READING H8-3*95 RECALLFD H3-3563 R6CALLED H:-3568 THIRD READING H8-3583 THIRD READING 85-3598 RECALLEO H8-3622 THIRD READING H8-3625 THIRO READING H2-3628 THIRD RENDING 86-3630 RECALLFD H8-3633 SECOND REAOING H5-3638 SECONO REAOING H5-3650 RECALLED 9:-3666 THIRD READING 83-3676 THIRO REAOING H5-3695 RECALLED 88J-3727 REC ALLED H3-3711 THIRD READING 88-37:3 THIRD READING Hu-37L& THIRD READING H8-37:8 YHIRB READING 83-3719 THIRD READING Hd- 3720 THIRD REABING HB-372# YHIRD READING 88-3T26 0Ur OF RECORD 8/-3739 RECALLFD H8-3739 RECALLED 98-37:6 THIRD READING H8-375# THIRD READING 83-3769 RECALLED H8-3765 THIRD READING 8:-3787 THIRO RFAOING H8-379* THIRD READING H8-3796 THIRD READING H3-3810 THIRI READiNG HB-38L# THIRD READING HB- 3623 THIRD READING H3-38*3 REGALLFD 88-3857 RQCALLED H:-3882 SECOND RBADING H1-3898 RECALLED H:-3902 RECALLED H1-3986 SECOND READING H3-:022 THIRD READING H:-:027 REEALLED H$-#030 THIRD REAOING H:-#039 RECALLED H:-#O4D THIMD READING B$-#0#9 THIRD READING 88-4556 THIRD READING HB-:O78 THIRD READING H3-#0T9 THIRD QEADING HB-#t0& THIRD READING HB-#119 RECALL8D Hzs-#le8 THIRD READING REPORTI TIFLDAY STATE OF ILLINOIS 93/07/09 PXGE': *0:3 87TH GENERAL ASSEMBLY 08154:34 SENATE DAILY TRANSCRIPTION 0F DEBATE INDEX JUNE 23: 1992 93-1168 THIRD READING PAGE 80 SR- t:33 RESOLUTION OFFERED PAGE 219 SR- 1*34 RESSLUTIGN OFFERED PAGE 219 SR- 1435 RESOLUTION OFFERED PAGE 2l9 $x- :*3s RESOLUTION OFFERED PAGE 219 SR-l#37 RESOLUTION OFFERED PAGE 232 SJR-0t37 DISCUSSED PAGE 121 3:R-0176 RESOLUTIDN OFFERED PAGE 2l9 SUBJECT RATTER SENATE T0 ORDER - PRESIDENT ROCK PAGE 1 PRAYER - SENATOR KENNETH HALL PAGE 1 JOURNALS - POSTPONED PAGE 1 SEMATE AT EASE PAGE 2l9 SENATE RECONVENES PAGE 2k9 ADJOURNMENT PAGE 23 2